Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,398
8313-8478 p. ; 28 cm.View a full description of this periodical.
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eral law, unless the rule is specifically required by state law; 2)
exceed an express requirement of state law, unless the rule is
specifically required by federal law; 3) exceed a requirement of
a delegation agreement or contract between the state and an
agency or representative of the federal government to implement
a state and federal program; or 4) adopt a rule solely under the
general powers of the agency instead of under a specific state
law. This rulemaking does not exceed a standard set by federal
law. In addition, this rulemaking does not exceed an express
requirement of state law and is not proposed solely under the
general powers of the agency but is specifically authorized by
the provisions cited in the Statutory Authority section of this pre-
amble. Finally, this rulemaking does not exceed a requirement
of a delegation agreement or contract to implement a state or
federal program.
The commission invites public comment on the draft regulatory
impact analysis determination. Written comments on the draft
regulatory impact analysis determination may be submitted to
the contact person at the address listed under the Submittal of
Comments section of this preamble.
Takings Impact Assessment
The commission evaluated this rulemaking action and per-
formed an analysis of whether the proposed rules are subject to
Texas Government Code, Chapter 2007. The primary purpose
of the rulemaking is to amend Chapter 114 in accordance with
SB 1727. The rules amend the criteria for implementing a
voluntary program and only affect motor vehicles that are not
considered to be private real property. The promulgation and
enforcement of the proposed rules is neither a statutory nor
a constitutional taking because it does not affect private real
property. Therefore, the rules do not constitute a taking under
Texas Government Code, Chapter 2007.
Consistency with the Coastal Management Program
The commission reviewed the proposed rulemaking and found
the proposal is a rulemaking identified in the Coastal Coordina-
tion Act Implementation Rules, 31 TAC 505.11(b)(2), concern-
ing rules subject to the Texas Coastal Management Program
(CMP), and will, therefore, require that goals and policies of the
CMP be considered during the rulemaking process. The com-
mission reviewed this action for consistency and determined the
rulemaking for Chapter 114 does not impact any CMP goals or
policies because it amends a voluntary incentive grant program
and does not govern air pollution emissions.
Written comments on the consistency of this rulemaking may be
submitted to the contact person at the address listed under the
Submittal of Comments section of this preamble.
Announcement of Hearing
The commission will hold a public hearing on this proposal in
Austin on December 12, 2013, at 10:00 a.m. in Building E, Room
201S, at the commission's central office located at 12100 Park
35 Circle. The hearing is structured for the receipt of oral or writ-
ten comments by interested persons. Individuals may present
oral statements when called upon in order of registration. Open
discussion will not be permitted during the hearing; however,
commission staff members will be available to discuss the pro-
posal 30 minutes prior to the hearing.
Persons who have special communication or other accommoda-
tion needs who are planning to attend the hearing should contact
Sandy Wong, Office of Legal Services, at (512) 239-1802. Re-
quests should be made as far in advance as possible.Submittal of Comments
Written comments may be submitted to Bruce McAnally, MC
205, Office of Legal Services, Texas Commission on Environ-
mental Quality, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. Electronic comments may be
submitted at: http://www5.tceq.texas.gov/rules/ecomments/.
File size restrictions may apply to comments being submitted
via the eComments system. All comments should reference
Rule Project Number 2013-038-114-Al. The comment period
closes December 18, 2013. Copies of the proposed rule-
making can be obtained from the commission's Web site at
http://www.tceq.texas.gov/nav/rules/propose_adopt.html. For
further information, please contact Stephen Dayton, Implemen-
tation Grants Section, (512) 239-6824.
Statutory Authority
The amendments are proposed under Texas Water Code (TWC),
5.102, which provides the commission with the general powers
to carry out its duties under the TWC; TWC, 5.103, which au-
thorizes the commission to adopt any rules necessary to carry
out the powers and duties under the provisions of the TWC and
other laws of this state; and TWC, 5.105, which authorizes the
commission by rule to establish and approve all general pol-
icy of the commission. These amendments are also proposed
under Texas Health and Safety Code (THSC), Texas Clean Air
Act, 382.017, which authorizes the commission to adopt rules
consistent with the policy and purposes of the THSC; THSC,
382.011, which authorizes the commission to establish the level
of quality to be maintained in the state's air and to control the
quality of the state's air; and THSC, 382.012, which authorizes
the commission to prepare and develop a general, comprehen-
sive plan for the control of the state's air. Finally, these amend-
ments are proposed under THSC, Chapter 392, and are part of
the implementation of Senate Bill 1727.
114.650. Definitions.
Unless specifically defined in the Texas Clean Air Act (TCAA) or in
the rules of the commission, the terms used in this subchapter have the
meanings commonly ascribed to them in the field of air pollution con-
trol. In addition to the terms that are defined by the TCAA and 3.2,
101.1, and 114.1 of this title (relating to Definitions), the following
words and terms, when used in this division will have the following
meanings, unless the context clearly indicates otherwise.
(1) Agricultural product transportation--The transportation
of a raw agricultural product from the place of production using a
heavy-duty on-road vehicle to:
(A) a nonattainment area;
(B) an affected county as defined under Texas Health
and Safety Code (THSC), 386.001;
(C) a destination inside the clean transportation triangle
established under THSC, 394.010; or
(D) a county adjacent to a county described by subpara-
graph (B) of this paragraph or that contains an area described by sub-
paragraph (A) or (C) of this paragraph.
2) [E-)] Alternative fuel--A fuel, other than gasoline or
diesel fuel. When used in this division, this definition is limited to
the following: electricity, compressed natural gas, liquefied natural
gas, hydrogen, propane, or a mixture of fuels containing at least 85%
methanol by volume.
(3) [(-)] Eligible entity--Any person or entity with a fleet
of 75 or more vehicles that:38 TexReg 8398 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/m1/86/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.