Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,400
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(3-) 60% of the cost for replacement of a light-duty diesel
vehicle of a model year after 2003 and certified to meet the federal
emission standards applicable to the model year of the vehicle.k
(c) The executive director may establish more specific stan-
dards for determining grant amounts within the maximum percentage
of total costs established under this section consistent with the priori-
ties for project selection, including consideration of the federal emis-
sion standards for different model years of heavy-duty engines and
light-duty vehicles, decisions on pollutants of concern, and other fac-
tors that will help implement the project priorities. [The executive
director may revise the standards for determining grant amounts as
needed to refeet to federal emission standards and decisions
en pollutants of concern]
(d) To be eligible for replacement, vehicles and engines im-
ported into the United States from another country must have met all
applicable emissions certification requirements for importation.
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-201305125
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) 239-2141
DIVISION 8. DRAYAGE TRUCK INCENTIVE
PROGRAM
30 TAC 114.680 - 114.682
The Texas Commission on Environmental Quality (TCEQ,
agency, or commission) proposes new 114.680 - 114.682.
If adopted, the rules will be submitted to the United States En-
vironmental 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 add new rules for implement-
ing the Drayage Truck Incentive Program (program) established
under Texas Health and Safety Code (THSC), Chapter 386, Sub-
chapter D-1. The program provides financial incentives to en-
courage owners to replace drayage trucks with pre-2007 model
year engines with drayage trucks with 2010 or later model year
engines.
Senate Bill (SB) 1727, 83nd Legislature, 2013, amended THSC,
Chapter 386, to add new Subchapter D-l, establishing the pro-
gram. THSC, 386.182, requires the commission by rule to es-
tablish criteria for the models of drayage trucks that are eligible
for inclusion in the program.
Section by Section Discussion
114.680, Definitions
New 114.680 is proposed to establish definitions for terms used
in new Division 8 of Subchapter K. In this section, a drayage truckwould be defined as a heavy-duty on-road or non-road vehicle
used for drayage activities and that operates on or transgresses
through a seaport or rail yard for the purpose of loading, unload-
ing, or transporting cargo, including transporting empty contain-
ers and chassis. This definition is intended to include vehicles
that operate primarily within the boundaries of a seaport or rail
yard and those vehicles that transport a load to or from a seaport
or rail yard. Drayage activities would be defined as the transport
of cargo, such as containerized, bulk, or break-bulk goods.
In this section, a rail yard would be defined as a rail facility where
cargo is routinely transferred from drayage truck to train or vice
versa, including structures that are devoted to receiving, han-
dling, holding, consolidating, and loading or unloading delivery
of rail-borne cargo. A seaport would be defined as a publically
or privately owned property associated with the primary move-
ment of cargo or materials from ocean-going vessels to shore or
vice versa, including structures and property devoted to receiv-
ing, handling, holding, consolidating, and loading or delivery of
waterborne shipments. These proposed definitions are intended
to define the eligible facilities and properties as those primarily
associated with the intermodal transfer of cargo from trains or
marine vessels to transport by truck. Also, under THSC, Chap-
ter 386, Subchapter D-1, only rail yards and seaports located in
a nonattainment area are applicable to this program.
The terms day cab and non-road yard truck would also be de-
fined in this section. In the proposed definitions, the term day
cab would mean a conventional truck cab that does not include
a sleeper berth. These types of vehicles are generally used for
local or regional routes since they do not include a sleeper berth
to facilitate long distance and overnight travel. A non-road yard
truck would be defined as a mobile utility vehicle used to trans-
port cargo containers with or without chassis; also known as a
utility tractor rig, yard tractor, or terminal tractor. These types
of vehicles are used for movement of cargo containers within
the boundaries of a facility or property, generally either from the
off-load point to a storage location or to move cargo from one
storage location to another within the facility or property. Some
models of yard trucks are also manufactured to be registered
and meet requirements for on-road use on public roads and high-
ways. An on-road yard truck would be considered as a type of
on-road heavy-duty vehicle.
114.681, Applicability
New 114.681 is proposed to establish that the provisions of
new 114.680, 114.682, and 114.683 would apply to the new
Drayage Truck Incentive Program established under THSC,
Chapter 386, Subchapter D-1.
114.682, Eligible Vehicle Models
THSC, 386.182, requires the commission to establish by rule
the criteria for the models of drayage trucks that are eligible for
inclusion in the program. New 114.682 establishes the nec-
essary criteria. Under the proposed criteria, models of drayage
trucks eligible for purchase to replace an existing drayage truck
would include a heavy-duty on-road vehicle with a gross ve-
hicle weight rating (GVWR) of over 26,000 pounds and hav-
ing a day cab and a non-road yard truck. The proposed min-
imum limit on the GVWR is intended to exclude from the pro-
gram large vans and smaller delivery vehicles that, while they
may transport cargo from trains or marine vessels, are not gen-
erally considered drayage vehicles. Also, larger vehicles gen-
erally emit higher levels of pollutants and replacement of larger
vehicles used for drayage activities will achieve the most bene-38 TexReg 8400 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/m1/88/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.