Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,402
8313-8478 p. ; 28 cm.View a full description of this periodical.
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economy, productivity, competition, jobs, the environment, or the
public health and safety of the state or a sector of the state. In
addition, the proposed rules do not place additional financial bur-
dens on the regulated community.
In addition, a regulatory impact analysis is not required because
the proposed rules do not meet any of the four applicability crite-
ria for requiring a regulatory analysis of a "major environmental
rule" as defined in the Texas Government Code. Texas Govern-
ment Code, 2001.0225, applies only to a major environmental
rule the result of which is to: 1) exceed a standard set by fed-
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 and
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 and performed an
analysis of whether the proposed rules are subject to Texas Gov-
ernment Code, Chapter 2007. The primary purpose of the rule-
making is to amend Chapter 114 in accordance with SB 1727.
The rules establish criteria for a voluntary program and only af-
fects motor vehicles and equipment that are not considered to be
private real property. The promulgation and enforcement of the
proposed rules are neither a statutory nor a constitutional tak-
ing because the rules do not affect private real property. There-
fore, the rules do not constitute a taking under Texas Govern-
ment 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 establishes criteria for 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 Park35 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 Michael Parrish, 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 2013-037-114-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 Steve Dayton, Implementa-
tion Grants Section, at (512) 239-6824.
Statutory Authority
The new sections 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 autho-
rizes 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 com-
mission by rule to establish and approve all general policy of the
commission. The new sections 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; THSC, 382.012, which authorizes the commission to
prepare and develop a general, comprehensive plan for the con-
trol of the state's air; and THSC, Chapter 386, which establishes
the Texas Emission Reduction Plan. Finally, the new sections
are proposed as part of the implementation of Senate Bill 1727.
The proposed rules implement THSC, 386.182.
114.680. Definitions.
Unless specifically defined in the Texas Clean Air Act (TCAA) or in the
rules of the commission, the terms used in this division have the mean-
ings commonly ascribed to them in the field of air pollution control. 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) Day cab--A conventional truck cab that does not in-
clude a sleeper berth.
(2) Drayage activities--The transport of cargo, such as con-
tainerized, bulk, or break-bulk goods.
(3) Drayage truck--A heavy-duty on-road or non-road ve-
hicle used for drayage activities and that operates on or transgresses
through a seaport or rail yard for the purpose of loading, unloading, or38 TexReg 8402 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/m1/90/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.