Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,395
8313-8478 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
or portions of a highway or roadway, designated by the commission
and located outside a nonattainment area or affected county to count
towards the percentage of use requirement.
(c) For a proposed motor vehicle replacement, purchase, or
lease project, the period used to determine the emissions reductions
and cost-effectiveness of each replacement, purchase, or lease activity
included in the project must extend for five years or more, or 400,000
miles, whichever occurs earlier. Not less than 75% of the vehicle miles
traveled projected for the period used to determine the emissions reduc-
tions must be projected to take place in a nonattainment area or affected
county of this state. The commission may also allow vehicle travel on
highways and roadways, or portions of a highway or roadway, desig-
nated by the commission and located outside ofa nonattainment county
or affected county to count towards the percentage of use requirement.
(d) For a proposed project that includes a replacement of
equipment or a repower, the old equipment or engine must be recycled
or scrapped provided, however, that the executive director may allow
permanent removal from the State of Texas in specific grants where the
applicant has provided sufficient assurances that the old locomotive
will not be returned to the State of Texas.
(e) For a proposed project to replace a motor vehicle, the ve-
hicle and engine must be decommissioned by crushing the vehicle and
engine, by making a hole in the engine block and permanently destroy-
ing the frame of the vehicle, or by another method approved by the
executive director that permanently removes the vehicle and engine
from operation in this state. For a proposed project to repower a motor
vehicle, the engine being replaced must be decommissioned in a man-
ner consistent with the requirements for decommissioning an engine
as part of a vehicle replacement project. The executive director shall
allow an applicant for a motor vehicle replacement or repower project
to propose an alternative method for complying with the requirements
of this subsection.
(f) For a project to replace a motor vehicle, the vehicle be-
ing replaced may have been owned, leased, or otherwise commercially
financed by the applicant. The applicant must have a legal right to
replace and recycle or scrap the vehicle and engine before a grant is
awarded for that project.
(g) [To be eligible for a grant the cost effectiveness of a pre-
Sproject as listed in subsetion (a) of this se ,ie except for infra-
struct re p rojets and infrastruct e purchases that are part ofa broader
retrfi repowe replacement r add-en equipment project mutst not
exceed a cost effectiveness of $ per ten of NO- emissions re-
duced-] The commission may set [lower] cost-effectiveness limits as
needed to ensure the best use of available funds. The commission may
also base project selection decisions on additional measures to evaluate
the effectiveness of projects in reducing NOx emissions in relation to
the funds to be awarded.
(h) The executive director shall waive eligibility requirements
established under subsections (b) - (f) of this section on a finding of
good cause, which may include a waiver of any ownership and use
requirements established for replacement of a motor vehicle for short
lapses in registration or operation attributable to economic conditions,
seasonal work, or other circumstances. In determining good cause and
deciding whether to grant a waiver, the executive director shall ensure
that the emissions reductions that will be attributed to the project will
still be valid and, where applicable, meet the conditions for assignment
for credit to the state implementation plan.
(i) Projects funded with a grant from this program may not
be used for credit under any state or federal emissions reduction credit
averaging, banking, or trading program except as provided under Texas
Health and Safety Code, 386.056.(j) A proposed project as listed in subsection (a) of this section
is not eligible if it is required by any state or federal law, rule or regu-
lation, memorandum of agreement, or other legally binding document.
This subsection does not apply to:
(1) an otherwise qualified project, regardless of the fact that
the state implementation plan assumes that the change in equipment,
vehicles, or operations will occur, if on the date the grant is awarded
the change is not required by any state or federal law, rule or regulation,
memorandum of agreement, or other legally binding document; or
(2) the purchase of an on-road diesel or equipment required
only by local law or regulation or by corporate or controlling board
policy of a public or private entity.
(k) A proposed retrofit, repower, replacement, or add-on
equipment project must achieve a reduction in NO emissions to the
level established in the commission's Texas Emissions Reduction
Plan: Guidelines for Emissions Reduction Incentive Grants Program
(RG-388) for that type of project compared with the baseline emis-
sions adopted by the commission for the relevant engine year and
application.
(1) If a grant recipient fails to meet the terms of a project grant
or the conditions of this division, the executive director can require that
the grant recipient return some or all of the grant funding to the extent
that emission reductions are not achieved or cannot be demonstrated.
(m) Criteria established in the guidelines, including revisions
to the commission's Texas Emissions Reduction Plan: Guidelines for
Emissions Reduction Incentive Grants Program (RG-388), apply to the
Texas Emissions Reduction Plan program. Notwithstanding the pro-
visions of this chapter, as authorized under Texas Health and Safety
Code, 386.053(d), revisions to the guidelines may include, among
other changes, adding additional pollutants; adding stationary engines
or engines used in stationary applications; adding vehicles and equip-
ment that use fuels other than diesel; or adjusting eligible program cat-
egories; as appropriate, to ensure that incentives established under this
program achieve the maximum possible emission reductions.
114.629. Affected Counties and Implementation Schedule.
(a) Applicable counties in the incentive program include:
Bastrop, Bexar, Brazoria, Caldwell, Chambers, Collin, Comal, Dallas,
Denton, El Paso, Ellis, Fort Bend, Galveston, Gregg, Guadalupe,
Harris, Hardin, Harrison, Hays, Henderson, Hood, Hunt, Jefferson,
Johnson, Kaufman, Liberty, Montgomery, Nueces, Orange, Parker,
Rockwall, Rusk, San Patricio, Smith, Tarrant, Travis, Upshur, Victoria,
Waller, Williamson, Wilson, Wise, and any other county located within
an area of Texas designated as a nonattainment area for ground-level
ozone under Federal Clean Air Act, 107(d), as amended.
(b) Equipment purchased before September 1, 2001 is not eli-
gible for a grant under this program.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 7,
2013.
TRD-201305124
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 239-2141PROPOSED RULES November 22, 2013 38 TexReg 8395
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/83/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.