Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,396
8313-8478 p. ; 28 cm.View a full description of this periodical.
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DIVISION 5. TEXAS CLEAN FLEET
PROGRAM
30 TAC 114.650, 114.653, 114.656
The Texas Commission on Environmental Quality (TCEQ,
agency, or commission) proposes amendments to 114.650,
114.653, and 114.656.
If adopted, the amended sections will be submitted to the United
States Environmental Protection Agency (EPA) as revisions to
the state implementation plan.
Background and Summary of the Factual Basis for the Proposed
Rules
The purpose of this rulemaking is to amend existing rules for
implementing the Texas Clean Fleet Program (program) estab-
lished under Texas Health and Safety Code (THSC), Chapter
392. This program is designed to encourage owners of eligible
vehicle fleets to replace diesel vehicles with alternative fuel or
hybrid vehicles. Senate Bill (SB) 1727, 83rd Legislature, 2013,
amended THSC, Chapter 392, to revise current standards for de-
termining eligible grant amounts. SB 1727 also amended THSC,
Chapter 386, to include additional eligibility criteria for projects
related to transportation of raw agricultural products under the
program. The changes made under SB 1727 are as summa-
rized in the following paragraphs.
THSC, 386.0515, was added by SB 1727. This section defines
"Agricultural product transportation" and directs the commission
to provide by rule or policy specific eligibility requirements under
the Texas Clean Fleet Program for projects related to agricul-
tural product transportation. Under this section, the determining
factor for eligibility for participation in the program for a project
related to agricultural product transportation is the overall ac-
cumulative net reduction in nitrogen oxide (NOx) emissions in a
nonattainment area, an affected county, or the clean transporta-
tion triangle established under THSC, Chapter 394.
THSC, 392.007(a), was revised to remove the different stan-
dards for the percentage of incremental costs that may be cov-
ered by a grant based on the model year of the heavy-duty diesel
engine or light-duty diesel vehicle being replaced. The revision
to this subsection specifies that the amount the commission is
to award under a grant for each vehicle being replaced is up to
80%, as determined by the commission, of the total cost for re-
placement of a heavy-duty or light-duty diesel engine.
These proposed rules incorporate the changes to THSC, Chap-
ters 386 and Chapter 394, under SB 1727.
Section by Section Discussion
114.650, Definitions
Proposed revisions to 114.650 would modify paragraph (1) to
include a definition for "Agricultural product transportation," as
established under THSC, 386.0515, and renumber the subse-
quent paragraphs accordingly. The proposed paragraph would
define agricultural product transportation as the transportation
of a raw agricultural product from the place of production using
a heavy-duty on-road vehicle to: a nonattainment area; an af-
fected county, as defined under THSC, 386.001; a destination
inside the clean transportation triangle established under THSC,
394.010; or a county adjacent to an affected county or that con-tains an area in a nonattainment area or the clean transportation
triangle.
114.653, Grant Eligibility
Proposed amendment to 114.653(a) would replace the phrase
"a reduction in emissions of nitrogen oxides" with "nitrogen ox-
ide emission reductions." This change is proposed for editorial
purposes.
Proposed amendment to 114.653 would also add a subsection
(f) to direct that in establishing more specific requirements or
additional criteria, as authorized under this section, for projects
related to agricultural product transportation, the executive di-
rector shall use as a determining factor for eligibility the overall
accumulative net reduction in NOx emissions in a nonattainment
area, an affected county, or the clean transportation triangle.
114.656, Eligible Grant Amounts
Proposed amendment to 114.656(a) and (b) would delete pro-
visions in paragraphs (1) - (4) of subsection (a) and paragraphs
(1) - (3) of subsection (b) that established different percentages
of the incremental cost of replacement of a vehicle that may be
covered by the grant award, based on the model year of the
heavy-duty diesel engine or light-duty diesel vehicle. Proposed
subsection (a) would establish a new maximum grant amount
for replacement of a heavy-duty vehicle of up to 80%, as deter-
mined by the executive director, of the total cost for replacement.
Proposed subsection (b) would establish a new maximum grant
amount for replacement of a light-duty on-road vehicle of up to
80%, as determined by the executive director, of the total cost
for replacement.
Proposed amendment to 114.656(c) would update the provi-
sions to be consistent with the changes to subsections (a) and
(b). Under existing language, the executive director is autho-
rized to revise the standards for determining the grant amounts,
as listed in subsections (a) and (b), to reflect changes to fed-
eral emission standards and decisions on pollutants of concern.
Under the proposed changes to subsections (a) and (b), the
maximum limits on grant amounts would no longer be specifi-
cally linked to the different model years of heavy-duty engines or
light-duty vehicles being replaced, which correspond to the dif-
ferent federal emission standards for NOx based on engine or ve-
hicle model years. Instead, a single maximum limit on the grant
amount for all projects, regardless of model year of the engine or
vehicle, would be set at up to 80% of the total cost of the replace-
ment. The proposed changes to subsection (c) would authorize
the executive director to set more specific standards for deter-
mining grant amounts, within the new maximum limit of 80% of
the total cost, consistent with the priorities for project selection,
including consideration of the federal emissions standards for
different model years of engines and vehicles, decisions on pol-
lutants of concern, and other factors that will help implement the
project priorities that may be established by the executive direc-
tor under THSC, 386.056.
Fiscal Note: Costs to State and Local Government
Nina Chamness, Analyst, Strategic Planning and Assessment,
has determined that for the first five-year period the proposed
rules are in effect, no significant fiscal implications are antici-
pated for the agency as a result of administration or enforce-
ment of the proposed rules. The agency will implement the pro-
posed rules using currently available resources. Other units of
state or local government may experience cost benefits from the
proposed rules if they qualify for grant funds to replace a diesel38 TexReg 8396 November 22, 2013 Texas Register
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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/m1/84/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.