Buddy Garcia, 

### Chairman Larry 

### R. Soward, 

### Commissioner Bryan W. Shaw, Ph.D., 

### Commissioner Glenn Shankle, 

### ExecutiveDirector 

# 08 MAR 

# -3 PH 2: 

# 39
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas byReducingandPreventingPollution 

### February 28, 2008

Richard E. Greene, Regional Administrator U.S. Environmental Protection Agency- Region 6 

### 1445 Ross Avenue Dallas, Texas 75202-2733
Dear Mayor Greene: 

### Docket No. 

### 2007-0991-RUL Rule Project No. 

### 2007-041-114-EN

On January 30, 2008, the Texas Commission on Environmental Quality (Commission) adopted revisions to the State Implementation Plan (SIP).
The Commission adopted amendments to§§ 114.512 and 114.517 in 30TAC Chapter 114, Control ofAir Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally EnforcedMotorVehicle Idling Limitations; and correspondingrevisionto the SIP. Therevision implements Senate Bill 12, Article 4, 801 h 

### Legislature, 2007 whichextends the prohibition on Commission adoption of certain idlingrestrictions, prohibits idling nearhospitals and residential areas, andrestricts idling ofvehicles with sleeper berths within 2 

### miles ofa vehicle heating and air conditioninghook-up facility.
Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record ofthe public hearing, and the accompanying order. I 

### look forward to your expeditious approval ofthis SIP revision. Sincerely,

Buddy Garcia Chairman BG/jg
Enclosures

cc: The Honorable Rick Perry, Governor ofTexas Mr. Auburn Mitchell, Office ofBudget, Planning and Policy, Office ofthe Governor Mr. Glenn Shankle, Executive Director, Texas Commission on Environmental Quality

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • Internet address: wwvv.tceq.state.tx.us

## TEXAS COMMISSION ON ENVIRONMENTAL QuALITY

THESTATEOFTEXAS §


### COUNTY OF TRAVIS §



### This is to certifY that the attached are true and correct copies ofdocuments for revisions to the Texas
State Implementation Plan, adopted on January 30, 2008, pursuantto 40 Code ofFederal Regulations (CFR) §51.104. I am the records administrator for the Air Quality Division ofthe Texas Commission on Environmental Quality (Commission).**~usana** 

### M. Hildebrand, P.E. Director, Air Quality Division Texas Commission on Environmental Quality

### Texas Commission on Environmental Quality Public Hearing October22, 2007 Concerning revisions to 30 TAC Chapter 114 Control ofAir Pollution from MotorVehicles SB 12: Idling of MotorVehicles Rule Project Number2007-041-114-EN

## INTRODUCTION

The Texas Commission on Environmental Quality (commission) held a public hearing in Austin on October 22, 2007, to receive testimony concerning proposed revisions to 30 TAC Chapter 114, Control ofAir Pollution from MotorVehicles, and to the State Implementation Plan (SIP).

The rulemaking implements Senate Bill 12, Article 4, 801h 

## Legislature, 2007. The rulemaking extends the expiration ofprohibitions on the commission adopting rules restricting certain vehicle idling activities from September 1, 2007, to September 1, 2009. Additionally, the rulemaking prohibits idling within 1, 000feetofa hospital and in residential areas. Finally, vehicleswith sleeper berths are prohibited from idling if an electrification facility that provides external heat and air conditioning hook-ups is located within two miles oftheir stop.

The comment period closed on November 5, 2007. All testimony and comments have been reviewed and seriously considered. This hearing record contains a complete record ofthe public hearing and is divided into the following four sections:

o Public Notification and Proposal

o Written and Oral Testimony

o Evaluation ofTestimony

o Staff Recommendations/Order

Additional copies ofthis hearing record are maintained in the TCEQ central office at 12100 Park 35 Circle, Austin, Texas 78753. Forfurther information, please contactTheodore Kosub at (512) 239- 5609.

# PUBLIC NOTIFICATION AND PROPOSAL

### PUBLIC NOTIFICATION

Notification to the public ofthe proposed revisions was conducted by the following procedures:

1. Publication of notice of public hearing in the following newspapers on the date listed:
Austin American-Statesman, September 21,2007 Fort Worth Star-Telegram, September 21, 2007 Houston Chronicle, September 21, 2007

2. Publication ofthe proposed rules in the October 5, 2007, issue ofthe Texas Register (32 TexReg 6990).
3. Publication ofthe Public Hearing Notice in the October 5, 2007, issue ofthe 

### Texas Register (32 TexReg 7118).

4. Correspondence forwarding the notice of public hearing to the following officials and agencies: Speaker ofthe House
Lieutenant Governor
Alamo Area Council of Governments Capital Area Planning Council City ofVictoria Planning Department
Dallas Department of Environmental and Health Services
Dallas Department ofAviation
East Texas Council ofGovernments
El Paso City-County Health and Environmental District
El Paso Metropolitan Planning Organization
Federal Highway Administration
Fort Worth Environmental Management Department

### Galveston County Health District
Houston Department of Health and Human Services
Harris County Public Health and Environmental Services
North Central Texas Council ofGovernments Houston-Galveston Area Council
South East Texas Regional Planning Commission
Texas Department ofTransportation '• 

### Texas Transportation Institute
Arkansas Department of Pollution Control and Ecology
Louisiana Department of Environmental Quality
New Mexico Environmental Department Oklahoma Department of Environmental Quality
U. S. Environmental Protection Agency

### Example of Newspaper Classified Ad
Austin American-Statesman, 

### September21, 2007

### Buddy Garcia, Chairman Larry R. 

### Soward, Commissioner Glenn Shankle, ExecutiveDirector



## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas byReducingandPreventingPollution 

## NOTICE OFAPUBLICHEARING ONPROPOSED REVISIONS TO 30 TAC CHAPTER 114 AND THE STATE IMPLEMENTATIONPLAN
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 T AC Chapter 114, Control ofAir Pollution from Motor Vehicles, and to the state implementation plan under the requirements ofTexas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code ofFederal Regulations §5 1.102, ofthe United States Environmental Protection Agency concerning state implementation plans.
The proposed rulemaking would implement Senate Bill 12, Article 4, 80th Legislature, 2007. The proposed rulemaking would extend the expiratiqn o(prohibitions on the commission adopting rules restricting certain vehicle idling activities from September 1, 2007, to September 1, 2009. Additionally, the proposed rulemaking would prohibit idling within ·1,000 feet of a hospital and in residential areas. Finally, vehicles with sleeper berths would be prohibited from idling if an electrification facility that provides external heat and airconditioninghook-ups is located within two miles oftheir stop.
The commission will hold a public hearing on this proposal in Austin on October 22, 2007, at 10:00 a.m. atthe Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building F, Room 2210. The hearing will be structured for the receipt oforal or written comments by interested persons. Registration will begin 30 minutes priorto the hearing. Individuals may present oral statements when called upon in order ofregistration. There will be no open discussion during the hearing; however, commission staffwill be available to informally discussthe proposal 30 minutes beforethe hearing.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contactLesley Williamson, Office ofLegal Services, at (512) 239-2461.
Comments may be submitted to Lesley Williamson, MC 

### 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx. 

### us!ruleslecomments. 

### File size restrictions may apply to comments submitted throughtheeComments system. All comments should reference Rule Project Number 2007-041-114-EN. The comment period closes November 5, 2007. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.uslnav/ruleslpropose

_adopt.html. 

### For further information, please contact Theodore Kosub, Air Quality Planning, (512) 239-5609.
Issued inAustin, Texas on September 19, 2007

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • Internet address: www.tceq.state.tx.us1113900I, Pennit Conditions Nu ber 4.a.iii, by failing to provide notification ofthe use of additiona sludge disposal sites; PENALTY: $18,900; ENFORCEMENT COO DINATOR: MeJTilee Hupp. (512) 239-4490; REGIONAL OFFICE: 870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-383 (17) COMPANY: Southwest Nut ompany; DOCKET NUMBER: 2007-0924-IWD-E; IDENTIFIE : RNI02924529; LOCATION: Fabens, El Paso County, Texas; YPE OF FACILITY: nut and nut products manufacturing; RULE V OLATED: the Code, §7.101 and §26.121 (a)( I) and Agreed Order eke! Number 2003-0365-IWD-E, Ordering Provisions 2.a. throug 2.c., by failing to prevent the unauthorized discharge ofindustria wastewater; PENALTY: $1 8,300; ENFORCEMENT COORDINATO :CraigFleming. (512) 239-5806; REGIONAL OFFICE: 401 East Fr nklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-494

. (18) COMPANY: City of St ckdale; DOCKET NUMBER: 2007-0487-MWD-E; IDENTIFIE : RNI02916194; LOCATION: Wilson County, Texas; TYPE OF ACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §30 .125(1), TPDES Permit Number WQOOI0292001, Effluent Limitati ns and Monitoring Requirements Number I, and the Code, §26.121 a), by failing to comply with permitted effluent limits; and 30 TA §305.125(17) and TPDES Pennit Number WQOOI0292001, Monit ing and Reporting Requirements Number I, by failing to timely sub it the discharge monitoring report data; PENALTY: $8,060; Supple ntal Environmental Project (SEP) offset amount of $6,448 applied o Texas Association of Resource Conservation and Development A eas, Inc. ("RC&D")--Abandoned Tire Clean-Up; ENFORCEMENT OORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL FFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096. (19) COMPANY: TOTAL PE ROCHEMICALS USA, INC.; DOCKET NUMBER: 20 7-1139-AIR-E; IDENTIFIER: RNI00212!09; LOCATION: L Porte, Harris County, Texas; TYPE OF FACILITY: chemical ant; RULE VIOLATED: 30 TAC ·§ 116.115(c), Air PermitNumber3 08B, Special Condition Number I, andTHSC, §382.085(b), by failin,to prevent unauthorized emissions; PENALTY: $7,750; ENFORCEM NT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIO AL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1 6, (7I3) 767-3500. (20) COMPANY: Westex Capi I, Ltd.; DOCKET NUMBER: 2007-0910-WQ-E; IDENTIFIE : RNI02785805; LOCATION: Boerne, Kendall County, Texas; TYPE OF FACILITY: wholesale business which distributes crude etroleum and petroleum products, including liquefied petroleum g s; RULE VIOLATED: 30 TAC §28L25(a)(4) and 40 Code ofF deral Regulations §122.26(c), by failing to obtain authorization to discharge stonn water associated with industrial activities; PEN TY: $3,210; ENFORCEMENT COORDINATOR: Deana Hollm , (512) 239-2504; REGIONAL OFFICE: 14250 Judson Road, Sa Antonio, Texas 78233-4480, (210) 490-3096. TRD-200704490 Mary R. Risner Director, Litigation Division Texas Commission on Environme Filed: September 25, 2007 

# • • Notice ofPublic Hearing on P oposed Revisions to 30TAC Chapters 

### J7 and 18 The Texas Commission on Envir nmental Quality (commission) will conduct apublic hearingto receiv testimony concerning proposed re

## 32 TexReg 7118 October5, 2007 Texas Register visions to 30 TAC Chapter 17, T x Relief for Property Used for Environmental Protection, and Chap r 18, Rollback Relieffor Pollution Control Requirements under the equirements of Texas Government Code, Chapter 200I, Subchapter

. The proposed rulemaking would a end Chapter 17 to add new definitions, modify the application revie 'processto incorporate the requirements ofHouse Bill 3732, correct ncon·ecl references to the commission, and adopt the Equipment an Categories List into the rule. The proposed rulemaking creates Chap er 18, Rollback Relieffor Pollution Control Requirements inorderto i plemenlthe requirementsofHouse Bill 3732, 80th Legislature, 2007, egular Session. Thecommission will hold apublic earingonthisproposal in Austinon October 26, 2007 at 10:00 a.m. at he Texas Commission on Environmental Quality Complex located 12100 Park 35 Circle in Building E. Room 20IS. The hearing will e structured for the receipt oforal or written comments by interested r'sons. Registration will begin 30 minutes prior to the hearing. lndi iduals may present oral statements when called upon in order ofregi ration. There will be no open discussion during the hearing; howe r, commission staff members will be available to informally discuss he proposal 30 minutes before the hearing. Persons who have special comm nication or other accommodation needs who are planning to attend the hearing should contact Kristin Smith, Office ofLegal Services, a (512) 239-0177. Comments may be submitted Kristin Smith, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Aus n, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules!. comments. File size restrictions may apply to commentssubmitted rough the eCommentssystem. All comments should reference Rule roject Number 2007-055-117-PR. The comment period closes No ember 5, 2007. Copies of the proposed rule can be obtained f m the commission's web site at http://www.tceq.state.tx.uslnav/rul slpropose_adopt.html. For further infonnation, please contact Ron H tlett, Small Business and Environmental Assistance (512) 239-6348 TRD-200704401 Robert Martinez Director, Environmental Law Divisi n Texas Commission on Environmen IQuality Filed: September 21, 2007 

# • 

# • • Notice ofPublic Hearing on Proposed Revisions to 30 TAC Chapter 

### J14 andthe State Implementation Plan The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerningproposed revisions to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, and to the state implementation plan under the requirements ofTexas Health and Safety Code, §382.0

## i?; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102, ofthe United Stated Environmental Protection Agency concerning state implementation plans. The proposed rulemaking would extend the expiration ofprohibitions on the commission adopting rules restricting certain vehicle idling activities from September I, 2007, to September l, 2009. Additionally the proposed rulemaking would prohibit idling within I,000 feet of a hospital and in residential areas. Finally, vehicles with sleeper berths would be prohibited from idling if an electrification facility that pro-

## ' vides external heat and airconditioninghook-ups is located within two miles oftheir stop. Thecommissionwill hold apublichearingonthisproposal inAustin on October 22, 2007, at 10:00 a.m. at the Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building F, Room 2210. The hearing will be structured for the receipt of oral or written commentsby interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements whencalledupon in orderofregistration. Therewill be no opendiscussion during the hearing; however, commission staffwill be available to informally discuss the proposal 30minutes before the hearing. Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Lesley Williamson, Office ofLegal Services, at (512) 239-246I. Comments may be submitted to Lesley Williamson, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments. File size restrictions may apply to comments submitted through the eCommentssystem. All comments should reference Rule Project Number 2007-041-114-EN. The comment period closes November 5, 2007. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/ruleslpropose_adopt.html. Forfurther information, please contact Theodore Kosub, Air Quality Planning, (512) 239-5609. TRD-200704403 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: September 21, 2007 

# • Notice ofWater Quality Applic tions 

# •

Thefollowing notices were issued uring the period ofSeptember 12, 2007 through September 20, 2007. Thefollowing require the applican to publish notice in a newspaper. Public comments, requests for pub c meetings, orrequests for a contested case hearing may be submi ed to TCEQ, Office of the Chief Clerk, MC-105, P.O. Box 13087, A stin, Texas 78711-3087, WITHIN 30DAYS OFTHEDATE OFNEW PAPER PUBLICATION OFTHE NOTICE. INFORMATION SECTION ARANSAS COUNTY MUNICIP UTILITYDISTRICT NO. 1has applied for amajoramendmentto EQ PermitNo. 11624-001 to authorize adischarge oftreated dome tic wastewater to a receivingbody ofwater, and an increasein the disc arge oftreated domestic wastewater from a daily averageflow not t exceed 88,000 gallonsperday via irrigationto adaily average flow no to exceed263,000gallonsperday via discharge to a receiving body water. The current permit authorizes the disposal oftreated domes! c wastewater via irrigation of44.4 acres ofpublic access land. Thefac lity is located approximately 1,100 feet south of8th Street and approxi ately 500 feet west ofPark Road 13 (Palmetto Drive) in the LamarP ninsula in Aransas County, Texas. TheTCEQExecutiveDirectorhas viewedthis actionforconsistency with the Texas Coastal Manageme Program goals and policies in accordancewith theregulationsofthe oastal CoordinationCouncil, and has determined that the action is c nsistent with the applicable CMP goals and policies. BARKER UTILITIES GP, L.L.C. s applied to the Texas Commission on Environmental Quality (T EQ) for a new permit, proposed Texas Pollutant Discharge Elimina on System (TPDES) Permit No. WQOO 14828001, to authorize the di chargeoftreated domestic wastewaterat adaily average flow not to ceed 50,000gallonsperday. The facility will be located approximate y 525 feet northwest of the intersection of Galveston Road and Le is Road. approximately l/4 mile due west of the intersection of Bar er-Cypress Road and State Highway 290 eastbound feeder in Han·is County, Texas. CITYOFGARLANDwhich operat stheC.E. NewmanElectricPlant, a peaking steam electric power pi nt, has applied for a renewal of TPDES Permit No. WQ00035190 , which authorizes the discharge ofcooling tower blowdown, low v ume wastewater, and storm water on an intermittent and flow variabl basis via Outfall 001; and cooling tower blowdown and low volume astewater on an intermitLent and flow variable basis via Outfall 00 The draft permit authorizes the discharge ofstorm water on an inte ittent and flow variable basis via Outfall 001 and cooling tower blo down, low volume waste sources, and storm water on an intermittent nd flow variable basis via Outfall 002. The facility is located at 525 E Avenue B, on the north side of State Highway 66, approximately 00 feet east ofthe intersection of StateHighway66 and StateHighw y 78 in the City ofGarland. Dallas County, Texas. HARRIS COUNTY MUNICIPAL TILITY DISTRICT NO. 109 has applied for a renewal ofTPDES P rmit No. WQ0011533001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 9,000 0 gallons per day. The facility is located is 5003 Atascocita Roa , Humble, approximately 0.6 mile south ofFarm-to-MarketRoad 196 and approximately 2.1 miles west ofthe intersection ofAtascocitaR ad and Farm-to-Market Road 1960 in Harris County, Texas. HARRIS COUNTY MUNICIPAL TILITY DISTRICT NO. 344 has applied to the Texas Commission n Environmental Quality (TCEQ) for arenewal ofTPDES Permit N . 13483-001, which authorizes the discharge oftreated domesticwas water atan annual averageflow not to exceed 1,000,000 gallonsperd . The facility is located at approximately 2,500 feet eastofBeltway along the south boundary ofHarris County Municipal Utility District No. 344, which is approximately 10,000 feet north ofMount Houst n Parkway and 9,200 feet south of the Missouri Pacific Railroad in rris County, Texas. CITY OF HOUSTON has applied WQ0010495100, which authorlz wastewater at an annual average perday. The facility is located at ofGreens Bayou approximately 3, of Interstate Highway 45 and N Texas. ora renewal ofTPDESPermitNo. the discharge of treated domestic w not to exceed 3,710,000 gallons 3BenmarStreetonthe south bank 0feet northeast ofthe intersection

Belt Freeway in Harris County,

MILLS ROAD MUNICIPAL ILITY DISTRICT has applied for a renewal of TPDES Permit No 1 I907-002, which authorizes the discharge of treated domestic w tewater at a daily average flow not to exceed 900,000 gallons per d y. The facility is located at 10128 Peachridge Drive, approximately .000 feet southwestofthe intersection ofPerry Road and Mills Ro , northwest ofthe City ofHouston in Harris County, Texas. NORTH PARK PUBLIC UTILI Y DISTRICT has applied for a renewal ofTPDES Permit No. W 0011855001, which authorizes the discharge oftreateddomestic wa ewaterat anannual averageflow not to exceed 1,310,000 gallons per ay. The facility is located at 22971 Imperial ValleyDrive approxima ly 2,200feet eastofInterstate Highway45 and 2,400feetnorth ofF -to-MarketRoad 1960on Imperial Valley Drive in Harris County,



## INADDITION October5, 2007 32 TexReg 7119Filed with the Office of the Sec tary of State on September 21, 2007. TRD-200704400 Robert Martinez Director, Environmental Law Divisi n Texas Commission on Environmen al Quality Earliest possible date of adoption: ovember 4, 2007 For further information, please call (512) 239-0177 

# • • CHAPTER 114. CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES SUBCHAPTERJ. 

## OPERATIONAL CONTROLS FOR MOTOR VEHICLES DIVISION 2. LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS 30 TAC §114.512, §114.517 The Texas Commission on Environmental Quality (commission orTCEQ) proposes amendments to §114.512 and §114.517. The amended sections will be submitted to the United States Environmental Protection Agency (EPA) as a revision tothe state implementation plan (SIP). BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES Chapter 114, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, was adopted on November 17, 2004, at the request of the local air quality planning organization in the Austin Early Action Compact (EAC) area (Bastrop, Caldwell, Hays, Travis, and Williamson Counties) for use as a control strategy in its EAC agreement to maintain attainment with the federal eight-hour ozone national ambient airqualitystandards (29 TexReg 11355). The rule package alsoprovided local governments in otherareas of the statethe option of applying these rules in their areas when additional control measures were needed to achieve or maintain attainment ofthe federal eight-hourozone standard in the future. The concept of an early, voluntary eight-hour air quality plan, or EAC was endorsed by EPA Region 6 in June 2002 then slightly modified and made available nationally in November 2002. A key point of an EAC is theflexibility afforded areastoselect emission reduction measures such as limiting vehicle idling. On August 1 , 2005, members of the Austin EAC and the commission signed the locally enforced idling restrictions memorandum of agreement (MOA). This MOA allowed participating counties to enforce the idling restriction rule in theirjurisdictions. Members of the Austin EAC area signing the MOA included the counties of Bastrop, Caldwell, Hays, Travis, and Williamson and the cities of Austin, Bastrop, Elgin, Georgetown, Hutto, Lockhart, Luling, Round Rock, and San Marcos. In meetings with officials of the Austin EAC to develop the idling rule MOA, concerns arose regarding language in the locally enforced idling restrictions. Austin EAC members voiced concern that parts of §114.517, Exemptions, were ambiguous and needed revision. Members of the Austin EAC felt that §114.517(7) and (B) could be misinterpreted to mean that a transit vehicle could idle for a total of one hour. There was also



## 32 TexReg 6990 October 5, 2007 Texas Register concern that the commission's rule conflicted with Texas Department of Transportation (TxDOT) guidelines for vehicle idling by employees. Austin EAC members brought to the commission's attention TxDOT's policy regarding idling. The guidelines advise employees to idle their vehicles to operate the air conditioner or heating system for employee health and safety while they perform an essential job·function related to roadway construction or maintenance. In many instances on-road and off-road vehicles at roadway construction sites must remain in idle mode during normal operations. The commission agreed with the Austin EAC members that the locally enforced idling restrictions should be revised in light of these concerns. At the request of the Austin EAC members, the commission adopted revisions to the locally enforced motorvehicle idling rule (31TexReg 3900). In that same rulemaking, the commission also adopted revisions to the idling rule to conform to legislation passed in 2005. The 79th Legislature, 2005, passed House Bill (HB) 1540, amending Texas Health and Safety Code (THSC), Chapter 3B2, Subchapter B, §3B2.0191, Idling of Motor Vehicle While Using Sleeper Berth. The bill, stated that the "commission may not prohibit or limit the idling of a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a government-mandated rest period." In addition, the bill stated that, "nodriver usingthe vehicle's sleeper berth may idle the vehicle in a school zone orwithin 1,000feet of a public school during its hours of operation," or else be subject to a fine not to exceed $500. This rulemaking amended the rule on idling limits for gasoline and diesel-powered engines in motor vehicles within the jurisdiction of any local government in the state that has signed an MOAwith the commission to delegate enforcement tothat local government. Local enforcement is crucial to the effective implementation of rules to reduce the extended idling of gasoline and diesel-powered heavy-duty vehicles and will help to ensure the reduction in nitrogen oxides (NO,) and volatile organic compound (VOC) emissions, which is needed by local governments toachieve ormaintain attainment of the federal eight-hourozone standard. These idling limits will lower NO, emissions and other pollutants from fuel combustion. Because NO, is a precursor to ground-level ozone formation, reduced emissions of NO, will result in ground-level ozone reductions. In May 2007, the BOth Legislature passed Senate Bill (SB) 12, which in part amendedTHSC, §3B2.0191. The legislation further prohibited vehicle idling in residential areas as defined by Local Government Code, §244.001 and within 1,000 feet of hospitals. The legislation also prohibited vehicles with sleeper berths from idling if an electrification facility with external heat and air conditioning hook-ups is located within two miles of where they are stopped. SB 12 extended the expiration of prohibitions on the commission from adopting rules restricting certain idling activities from September 1, 2007, to September 1, 2009. Currently, there are nofederal regulations governing idle timefor motorvehicles. The requirements developed by thecommission for this NO, emission reduction strategy will result in restrictions on the time allowed for motor vehicle idling. SECTION BY SECTION DISCUSSION §114.512, Control Requirements forMotor Vehicle Idling The proposed amendment to §114.512(b), Control Requirements for Motor Vehicle Idling, would prohibit idling by drivers using the vehicle's sleeper berth in residential areas as defined by Local Government Code, §244.001, or within 1,000 feet of ahospital. Additionally, the expiration of this subsection would be changed from September 1, 2007, to September 1, 2009. 

### § 114.517, Exemptions The proposed amendment to §114.517(a)(1), Exemptions, would change the expiration date of these paragraphs from September 1, 2007, to September 1, 2009. Proposed §114.57(a)(2) has been added to clarify that after September 1, 2009, vehicles with Gross Vehicle Weight Rating (GVWR) of 14,000 pounds or less will no longer be exempt from the requirements of §114.512. The current exemptions listed as paragraphs (2)- (11) of this section will be renumbered as paragraphs (3)- (12) for consistency. Renumbered §114.517(a)(12) will be amended by changing the expiration date of the paragraph from September 1, 2007, to September 1, 2009. The. proposed amendment to §114.517(a)(11) would also prohibit idling to power a heater or air conditioner if the vehicle is within two miles of afacility offering external heating and air conditioning connections at a time when those connections are available. The amendments to §114.512 and §114.517 are proposed to ensure that the rules are consistent with the requirements set forth in SB 12. FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT Jeff Horvath, Analyst, Strategic Planning and Assessment, has determined that, for the first five-year period the proposed rules are in effect, no fiscal implications are anticipated forthe agency or other units of state or local government as a result of the administration or enforcement of the proposed rules. The proposed rules implement portions of SB 12, 80th Legislature, Regular Session by: prohibiting drivers who are using the vehicle's sleeper berth from idling in residential areas or within 1,000 feet of hospitals; prohibiting vehicles with sleeper berths from idling if an electrification facility with external heat and air conditioning hook-ups is located within two miles of where they are stopped and; extending the expiration of prohibitions on the commission to adopt rules restricting certain idling activitiesfrom September 1, 2007, to September 1, 2009. The current vehicle idling rules are intended for use as a control strategy by the Austin EAC area (Bastrop, Caldwell, Hays, Travis, and Williamson Counties) in its EAC agreement to maintain attainment with the federal eight-hour ozone national ambient air quality standards. The vehicle idling rules also provide local governments in other areas of the state the option of applying these rules in their areas when additional control measures are needed to achieve or maintain attainment of the federal eight-hour ozone standard in the future. The proposed rules would impact the Austin EAC members and any other local governments in the statewho have adopted vehicle idling restrictions as an additional control measuretoachieve or maintain attainment of the federal eight-hour ozonestandard. There could be marginal enforcement costs for local governments who enforce the additional idling controls. The rules provide local governments the authority to fine drivers $500 for using their sleeper berths and idling within a school zone or within 1,000 feet of a hospital or public school during its hours of operation. No fiscal implications are expected for the agency as enforcement of the idling rule is delegated to local governments who enter into an agreement with the commission. PUBLIC BENEFITS AND COSTS Mr. Horvath also determined that for each year of the first five years the proposed amendments are in effect, the anticipated public benefitwill be compliance with state law and the provision of additional options for local governments to use to obtain a reduction in emissions needed to maintain attainment with the federal eight-hour ozone standards. Nofiscal implications are anticipated to businesses or individuals as a result of the implementation of the proposed amendments. The proposed idling rule will allow drivers to idle the motor to heat or cool the vehicle in which the driver is using the sleeper berth for a government mandated rest break as long as they are not in residential areas, in a school zone, within 1,000 feet of hospitals and schools, oras long as an electrification facility with external heatand air conditioning hook-ups is not located within two miles of where they are stopped. SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT No adverse fiscal implications are expected for small or microbusinesses as a result of the proposed rules. The proposed idling rule will allow drivers to idle the motor to heat or cool the vehicle in which the driver is using the sleeper berth for a government mandated rest. LOCAL EMPLOYMENT IMPACT STATEMENT Thecommission has reviewedthis proposed rulemaking and determined that a local employment impact statement is not required because the proposed rules do not adversely affect a local economy in a material way for the first five years that the proposed rules are in effect. DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION The commission reviewed the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code, §2001.0225, and determined that the rules are not subject to§2001 .0225 because although the proposal meets the definition of a "major environmental rule" as defined the statute, it does not meet any of the four applicability requirements listed in §2001.0225(a). The regulatory analysis requirements of Texas Government Code, §2001.0225 only apply to a major environmental rule, the result of which is to: 1) exceed a standard set by federal 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 an requirement of a delegation agreement of 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. Specifically, the proposal will amend the rules that limit heavy-duty motor vehicle idling with the jurisdiction of any local government in the state that has signed an MOA with the commission to delegate enforcement to that local government. The proposed amendments would implement changes to THSC, §382.0191 as a result of passage of SB 12 in the 80th Legislature, 2007. The legislation further prohibited vehicle idling in residential areas and within 1,000 feet of hospitals. The legislation also prohibited vehicles with sleeper berths from idling if an electrification facility with external heat and air conditioning hook-ups is located within two miles of where they are stopped. SB 12 extended the expiration of prohibitions on the commission from adopting rules restricting certain idling activities from September 1, 2007, to September 1, 2009. Currently, there are no federal regulations governing idle time



## PROPOSEDRULES October 5, 2007 32 TexReg 6991for motor vehicles. This proposal therefore does not exceed an express requirement of federal law. The amendments are needed to implement state law but do not exceed those new requirements. The proposed rules do involve a compact (in particular, the Austin EAC), which is an agreement between the state and federal government to implement a state and federal program, however, the proposed amendments do not exceed the requirements of that compact. Finally, this proposed rulemaking was not developed solely under the general powers of the agency, but is authorized by specific sections of THSC, Chapter 382, which are cited in the STATUTORY AUTHORITY section of this preamble, including §382.012 and §382.0191. Because this rulemaking does not meet any of the four applicability requirements, Texas Government Code, §2001.0225(b) does not apply, and a regulatory impact analysis is not required. The commission invites public comment on the draft regulatory impact analysis determination. TAKINGS IMPACT ASSESSMENT Under Texas Government Code, §2007.002(5), "taking" means a governmental action that affects private real property, in whole or in part ortemporarily or permanently, in a mannerthat requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the United StatesConstitution or§17or §19, Article I, Texas Constitution; or agovernmental action that affects an owner's private real property that is the subject of the governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right tothe property that would otherwise exist in the absence of the governmental action; and is the producing cause of a reduction of at least 25% in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the market value ofthe property determined as if the governmental action is in effect. The commission completed atakings impact assessmentfor the proposed rules. Promulgation and enforcement of the rules will not affect private real property in a manner that would require compensation to private real property owners under the United States Constitution or the Texas Constitution. The proposed rules also will not affect private real property in a manner that restricts or limit an owner's right the property that would otherwise exist in the abs.ence of the government action. Therefore, the proposed rules will not cause a "taking" as defined under, Texas Government Code, §2007.002(5). CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM The commission reviewed the proposed rulemaking action and found that the proposal is an action identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11, or will affect an action/authorization identified in §505.11, and therefore will require that applicable goals and policies of the Texas Coastal Management Program (CMP) be considered duringthe rulemaking process. The commission determinedthat under31 TAC §505.22, the proposed rulemaking action is consistent with the applicable CMP goals and policies. The CMP goal applicable to this rulemaking action is the goal to protect, preserve, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas (31 TAC §501.12(1)). No new sources of air contaminants will be authorized and ozone levels will be reduced as a result of the proposed rulemaking. The CMP policy applicable



## 32 TexReg 6992 October 

## 5, 2007 Texas Register tothis rulemaking action is the policy that commission rules comply with regulations in 40 Code of Federal Regulations, to protect and enhance air quality in the coastal area (31 TAC §501.14(q)). This rulemaking action complies with 40 Code of Federal Regulations. Therefore, in compliance with 31 TAC §505.22(e), this rulemaking action is consistent with CMP goals and policies. Interested persons may submit comments regarding the consistency ofthe proposed amendmentswith the CMP duringthe public comment period. 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 public hearing on this proposal will be held in Austin on October 22, 2007, at 10:00 a.m. at the Texas Commission on Environmental Quality complex located at 121 00 Park 35 Circle in Building F, Room 2210. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statementswhen called upon in orderof registration. There will be noopen discussion duringthe hearing; however, agency staff will be available to discuss the proposal 30 minutes priortothe hearing. Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Lesley Williamson, at (512) 239-2461. Requests should be made as far in advance as possible. SUBMITTAL OF COMMENTS Written comments may be submitted to Lesley Williamson, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http:llwww5.tceq.state.tx.us/ruleslecommentsl. All commentsshould reference Rule Project Number2007-041-114-EN. The comment period closes October 22, 2007. Copies of the proposed rule can be obtained from the commission's web site at http://www.tceq.state.tx.uslnav/ru/es/propose_adopt.html. For further information, please contact Theodore Kosub, Air Quality Division, (512) 239-5609. STATUTORY AlffHORITY The amendmentsareproposed underTexas WaterCode (TWC), §5.1 03, which authorizes the commission to adopt rules necessarytocarry out its powers and duties undertheTWC, and under THSC, Texas Clean Air Act (TCAA), §382.017, which provides the commission with the authority to adopt rules consistent with the policy and purposes oftheTCAA. The amendments are also proposed underTCAA, §382.011, which authorizes the commission to control the quality of the state's air; §382.012, which authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air; §382.019, which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles; §382.0191, which authorizes use of a sleeping berth for a government-mandated rest period; and §382.208, which authorizes the commission to develop and implement transportation programs and other measures necessary to demonstrate attainment and protectthe public from exposure to hazardous air contaminants from motor vehicles. The proposed amendments implement TWC, §5.1 03, THSC, §§382.002, 382.011' 382.D12, 382.017, 382.019, 382.0191' and 382.208, and SB 12, Article 4, 80th Legislature, 2007.§Jl4.5I2. Control Requirements for Motor Vehicle Idling. (a) (No change.) (b) No driver using the vehicle's sleeper berth may idle the vehicle: in a residential area as defined by Local Government Code, §244.001, in a school zone, within 1,000 feet ofa hospital, or within I,000feet ofa public school during its hours ofoperation. An offense under this subsection may be punishable by a fine not to exceed $500. This subsection expires September I, 2009 [2001-]. § 1 I4.517. Exemptions. The provisions of §114.512 ofthis title (relating to Control Requirements for Motor Vehicle Idling) do not apply to: (1) a motor vehicle that has a gross vehicle weight rating of 14,000pounds or less and [-if 9efere September+.WQ+,-] does not have a sleeper berth; 

## ill a motor vehicle that has a gross vehicle weight rating of 14,000pounds or less, after September 1, 2009; 

## ill**[~]** a motor vehicle forced to remain motionless because oftraffic conditions over which the operatorhas no control; 

## ill [fJ1] a motor vehicle being used by the United States military. national guard, or reserve forces, or as an emergency or law enforcement motor vehicle; 

## ill [{41] the primary propulsion engine ofa motor vehicle providing a power source necessary for mechanical operation, other than propulsion. and/or passenger compartment heating, or air conditioning; 

### @**[~]** the primarypropulsion engine ofa motor vehicle being operated for maintenance ordiagnostic purposes; 

## ill [{&}] the primary propulsion engine ofa motor vehicle being operated solely to defrost a windshield; 

## ill [f71] the primary propulsion engine ofa motor vehicle that is being used to supply heat orair conditioning necessary for passengercomfortand safetyin vehicles intendedforcommercial orpublic passengertransportation,orpassengertransit operations, in whichcase idling up to a maximum of30minutes is allowed; 

# m [00] the primarypropulsion engine ofa motor vehicle being used to provide air conditioning or heating necessary for employee health or safety while the employee is using the vehicle toperform anessentialjobfunctionrelatedto roadway constructionormaintenance; 

### f!Q2 [{9f]theprimarypropulsionengineofamotorvehicle being used as airport ground support equipment; 

## D.ll [ fl{)t]theownerofamotor vehiclerented orleased to apersonthat operates the vehicle and is not employed by theowner; or 

### @ [fl-B] a motor vehicle -when idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a government-mandated rest period and is not within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available. This subsection expires September 1, 2009**[~].** 

### This agencyhereby certifiesthatthe proposal has been reviewed by legalcounsel and found tobewithin the agency's legal authority to adopt. Filed with the Office of the Secretary of State on September 21, 2007. TRD-200704402 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: November 4, 2007 For further information, please call: (512) 239-2461 

# • • TITLE 31. NATUR L 

## RESOURCES AND CONSERVATION 

# PART 2. TEXAS P RKS AND WILDLIFE DEPART ENT CHAPTER 53. FE DIVISION 1. LICENS PERMIT, AND BOAT AND MOTOR FEES 31 TAC §53.16 The Texas Parks and Wildlife D partment (the department) proposes an amendment to §53.1 , concerning Vessel, Motor, and Marine Licensing Fees. The proposed amendment wo d establish a fee of $125 for an initial application for a party bo operator license, a renewal application fee of $50 for a party at operator license, an inspection fee of $125 per party boat, nd a $50 fee for a replacement party boat operator license. e amendment is necessary to implement the requirements 

### of ouse Bill (H.B.) 12, enacted by the 80th Texas Legislature. Se ion 19A of H.B. Bill12 amended Parks and Wildlife Code, Chap er 31, by adding new Subchapter G, which requires the com ission to establish by rule the requirements and procedures f rthe issuance and renewal of a party boat operator license, as necessary to protect the public health and safety. Additionally, .B. 12 requires the commission to by rule establish a reasonab fee for the issuance of a party boat operator license and a f for the required annual water safety inspection of a party bo

. The department is proposing new rules to implement the pa y boat operator license; those rules are published elsewhere this issue of the Texas Register. 

### The proposed fees were calcul ed based on the estimated cost to process and track applicati s and renewals in the department's automated boating infor ation system and to cover the overhead of providing educatio Iand informational materialsto persons preparing for the exam ation required by the statute. Robert Macdonald, Regulation Coordinator, has determined that for each of the first five y ars the rule as proposed is in effect, there will be minimal fi cal implications to the department as a result of enforcing 

### r administering the rule. The department estimates that the oposed rule will affect no more than 250 boats. Given that nu ber, the department will realize license revenue of approxima ly $31 ,250 the first year the rules are in effect. Because the permit is a two-year permit, the department will realize revenue f 

### $12,500 during each two-year period following initial licensur

. This estimate assumes all licenses are renewed and non licenses are issued. For each new license issued after the fir t 

### year the rule is in effect, the department will realize $125 in he first year and $50 for every two-year period thereafter. Th department has no method 

### tor determining future demand. Th department has no method to



## PROPOSED RULES October5, 2007 32 TexReg 6993

# WRITTEN AND ORAL TESTIMONY

### Reference Number
W-1
W-2 INDEX OF WRITTEN TESTIMONY

Submitted 

## By
Laura Fiffick, City of Dallas
Dennis Jenkins, on behalf of himself

### 10/22/2007 13:44 214-570-0134 ENVIRONMEI..JTAL QUALIT 

### PAGE 02/03



## October22, 2007



## LesleyWHHamson · MC205 Office ofLegal Services CITY OF DALLAS



## Texa.S·Commissionon

## Environm.ental Quality P.O. Box 13087 

## Austin, TX 7871

## J.-3087
Dear

## Ms. Williamson:
Re: 

## RulePrqjectNumber**2007-041-114~EN** 

## The City ofDallas appreciates the opportunity to comment on 1he proposed changes 

## to theLocallyEnforcedMotorVehicle Idlingrule. The success of

## thisrule andtheproposed changes are of

## great importance 

## in orderto improve·air quality 

## in. our. 

## region andprotect thehealth ofcitizens who li've 

## andworkinN orth Central Texas. · The City·ofDallas supports the proposed 

## amendment to the Motor Vehicle Idling Rule which would prohibit idling by 

## drivers using the vehicle's sleeper berth jn residential areas or

## within. 1.,000 feet ofa hospital. Diesel emissi.ons from 

## heavy duty trucks as well as buses are a major concem. for the Dallag...Fort Worth nine 

## countynon-attainment area 

## because

## they comprise approximately 

## fifty percent ofNOx emissions for on-:road 

## sources in om region. 

## 11rls large percentage is ofparticular concern given that diesel emissions from. 

## motor vehicles contribute

## to health problems such 

## as premature death, cancer,heart attacks, cardiovasculardisease. emphysema, and asthma. Wethereforebelievethisruleto impose additional restrictions on idling. which reler:i.ses harmful airborne contaminants, 

## will helpfurtherprotectthehealth andwell-being of**~itizens** 

## in ourregioJl.
Because 

## emissions from diesel engines

## pose such a 

## large healththreat

## to our citizens,tb.e City ofDallas would like to advocate for the Commissionto consider changingthe time frame that the Locally Enforced Motor Vehicle Idling mle is effective to year round versus the current period of

## ozone season. Extending the time fra.oo.e to twelve months will allow for further protection against these han:ilful emissions as well as enhance 

## ed.ucatioll, enforcement, and compliance.

OFI'!Ciii: OF ENVIRONMENTAL QUALITY 1500 MAR!l.LA,**L2F~** DAUAS;TEXAS**7~201** TELEPHONE:**l\1~/67o-sn**

### 3 '· 

# W-1

### 10/22/2007 13:44 214-570-0134



## October22,2007 Re: RuleProjectNumber2007-041-114-EN Page2 ENVIRONMENTAL QUALIT PAGE 03/03



## The City ofDallas also supportsthe amendmentto prohibit

## idHng to powera 

## heater orair conditionerifthe vehicle is 

## withintwom.iles ofa fa.cility offering externalheating and air 

## conditioning connections at a time when those connections are available. Emerging technologies such as Truck Stop Electrification Devices are effective for 

## redudng

## idUng and the proposed change 

## will help encourage vehicle owners 'to use such devices as alternatives 

## to llltllling their engines for heati.ng and cooling. The City hopes 

## to work more closely with the 

## State and Federal government 

## in order to ensure that more tru.ck stop electr:i:fi.oation devices axe installed

## in theDallas-FortWorthnon-attainment a;rea. 

## The City would also like to**e~ress** 

## its support for the 

## Commissions decision to clarify that after 

## September 2009 vehicles with a Gross Vehicle

## Weight Rating

## will no longer

## be exempt from the Locally Enforced Motor Vehicle Idling rule. Like diesel emissions. gasoline emissions canalso cause adverse healtheffects such

# as nose andthroatirri1ation,**headaches~** 

## diz::o..iness, nausea, vomiting, 

## an.d breatbing difficulties and 

# We feel that 

## this changewill provide safeguards

## for citizens breathing

## emission vapors. · 

## The City ofDallas .is a proponent oflocal governmentinvolvementin

## assistiJ1g the Texas 

## Commission onEnvi.Tonment.Etl Quality (TCEQ) with enforcing the MotorVehicle

## Id.li.ng Rule 

## in orderto achieve effective implementation. 

## lnMay 2007, the Dallas City Council passed

## an ordinanceprohibitingmotor

## vehicles with a gross

## Wl:light of14,000from

## idling for more than five minutes. Enforcement 

## of

## this ordinance 

## vvill begin in. Aprill, 

## 2008. The City ofDallashas also

## worked collaboratively

## withthe TCEQ and

## tlie North Central Texas Council of Governments to develop a Memorandmn. of Agreement (MOA) 

## to 

## delegate the enforcement ofthe Motor Vehicle Idling Rule to the City of 

## Dallas. 11re MOAwas

## written. 

# m a manner so that other cities 

## in the North CentralTexasregjonwho are considering adopting idling ordinances can enterinto ao MOA withthe TCEQ using the sameformat.
We look forward to our. continued involvement 

## in clean air issues across the region and 

## fUture discussions between the City ofDallas and the TCEQ. Ifyou. have 

## ar.t.Y questions 

## concerning the efforts of

## the City ofDallas, please feel :free to 

## contact II,le at 21.4-670- 1200.

. .) 

### From: To: Date: Subject: <autoartetc@sbcglobal.net>

· <autoartetc@sbcglobal.net>

Wed, Oct 17, 2007 6:33 PM 2007-041-114-EN 10/17/2007 06:33 PM This email is a confirmation ofthe comment that was submitted forthe referenced rulemaking.
First Name: Dennis Last Name: Jenkins ·Company/Organization: E-mail Address: autoartetc@sbcglobal.net Street Address: 9300 Breish Ct. City: El Paso State: TX Zip Code: 79925-5121 Phone Number: 915-591-8517 Fax Number: 915-591-8517
Rule: 2007-041-114-EN Comments:

I am infavorof·ENDING the OXYGENATED FUEL PROGRAM, it may of helped or may not of helped. If I had to use more fuel to drivethe same distance, what good did it everdo. During oxygenated fuel season my gas mileage always dropped, therefor I always belived I was putting out approximately the same amount ofcarbon monoxide as getting better IT)ileage on standard fuel.

Thankyou foryourtime. Dennis Jenkins 

# W-2

### INDEX OF ORAL TESTIMONY

Reference Number Submitted by

No oral testimonywas received pertaining to this proposal.

# EVALUATION OF

TESTIMONY

# Texas Commission on Environmental Quality INTEROFFICE MEMORANDUM



### To: 

### Commissioners Thru: LaDonna Castafiuela, ChiefClerk Glenn Shankle, Executive Director
From: David C. Schanbacher, P.E., ChiefEngineer

# \\C) ChiefEngineer's Office V
Docl,et 

### No.: 2007-0991-RUL Subject: 

### Commission Approval for Rulemaking Adoption Date: 

### January 11,2008

Chapter 114, Control ofAirPollution from Motor Vehicles SB 12- Idling ofMotorVehicles Rule ProjectNo. 2007-041-114-EN Scope 

### ofthe rulemaking:
The adopted rule would implement changes to 30 Texas Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor Vehicles as a result of Senate Bill (SID 12. The adopted rule would extend prohibitions on the commission to adopt rules restricting certain idling activities from September 1, 2007, to September 1, 2009. This rulemaking would prohibit idling within 1,000 feet of.a,hospital and in residential areas. Finally, vehicles with sleeper berths ·used for a government-mandated rest period would be prohibited from idling if an electrification facility that provides external heat.and air conditioning hook-ups .is located within two miles ofthe stop. The amended sections w.ill be submitted to .the United States Environmental Protection Agency (EPA) as a revision to the state implementation plan (SIP).
Reasons for the rule package:
The rulemakingwould implement SB 12, Article 4, 80th Legislature, 2007, which .in pa!i amended the Texas Health and Safety Code, Chapter 382, Subchapter B, §382.0191, Idling of Motor Vehicle While Using Sleeper Berth. The legislation prohibited vehicle idling in residential areas (as defined by §244.00 1 ofthe Local Govemment Code) and within 1,000 feet ofhospitals. SB 12 extended the expiration ofprohibitions on the commission to adopt rules restricting certain idling activities from September 1, 2007, to September 1, 2009. 

## StatutoryAuthority:
The amendments are adopted under Texas Water Code (TWC), §5. 1 03, which authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC, and under Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.01 7, which provides the commission with the authority to adopt rules consistent with the policy and purposes ofthe TCAA. The amendments are also adopted under TCAA, §382.011, which authorizes the commission to control the quality of the state's air; §382.012, which authorizes the commission to prepare and develop a general, comprehensive plan for the control ofthe state's air; §382.019, which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles; §382.0191, which authorizes use ofa sleeper berth for a government-mandated rest period; and §382.208, which authorizes the commission to develop and implement transportation programs and other measures necessary to demonstrate attainment and protect the public from exposure to hazardous air contaminants from motor vehicles.

### Commissioners Page 2 .January 30, 2008


## Re: Docket No. 2007-0991-RUL

The adopted amendments implement TWC, §5.1 03, TJ-ISC, §§382.011, 382.012, 382.019, 382.0191, and 382.208, and SB 12, A1ticle 4, 80th Legislature, 2007. Potentially controversial matters:


### No controversial issues have been identified related to this adopted rulemaking.
Public comment:


### The proposed rules were published in the October 5, 2007, issue ofthe 

## Texas Register (32 Tex.Reg 6992). 

## A public hearing on this adoption was held on October 22, 2007. The City of Dallas submitted written comments in suppmt ofthe rulemaking. One individual submitted a written comment not directly related to the idlingrulemaking. ' Significant changes from proposal:


### No significant changes from proposal have been made. Key points in adoption rulemaking schedule:


### TexasRegister proposal publicatiOJI date: 

### October 5, 2007 Six-month 

### Texas Registerfiling deadline: 

### April 7, 2008 Anticipated 

### TexasRegister publication date: 

### February 15, 2008 Anticipated effective date: 

### February 21, 2008 Agency contacts: 

### Theodore Kosub, Rule PrQjectManager, 239-5609, Air Quality Division Jolm Minter, StaffAttorney, 239-0663 John Gaete, TexasRegister Coordinator, 239-6091

":.• 

### Attachments

cc: ChiefClerk, 5 copies Executive Director's Office David 

## C. Schanbacher, P.E. Ashley 

## K. Wadick Daniel Womack Zak Covar Office ofGeneral Counsel Theodore Kosub John Gaete

## EVALUATION OF TESTIMONY

TheTexas Commission on Environmental Quality (commission orTCEQ) adopts amendments to §114.512 and §114.517

### withoutchanges tothe proposed text as published in the October 5, 2007, issue of
the 

### Texas Register (32 TexReg 6990) and will not be republished.

The amended sections will be submittedto the United States Environmental Protection Agency (EPA) as

a revision to the state implementation plan (SIP).

BACKGROUNDAND SUMMARY OF THEFACTUALBASIS FORTHEADOPTED RULES Chapter 114, SubchapterJ, Operational Controls for MotorVehicles, Division 2, Locally Enforced Motor
Vehicle Idling Limitations, was adopted onNovember 17, 2004, atthe request ofthe local airquality planningorganization in the Austin EarlyAction Compact (EAC) area(Bastrop, Caldwell, Hays, Travis,
and Williamson Counties) for use as a control strategy in its EAC agreementto maintain attainment with
the federal eight-hourozonenational ambient airquality standards (December 3, 2004, issue ofthe 

### Texas Register(29 TexReg 11355)). The rule package also provided local governments in otherareas ofthe

statethe option ofapplyingthese rules intheirareas when additional control measures were neededto
achieve ormaintain attainment ofthe federal eight-hourozone standard in the future.

Theconcept ofan early, voluntaryeight-hour airqualityplan, or EAC was endorsed byEPA Region 6 in
June 2002 then slightly modified and made available nationally in November 2002. A key point ofan EAC is the flexibility afforded areasto selectemissionreduction measures such as limiting vehicle idling.
On August 1, 2005, members oftheAustin EAC and the commission signedthe locally enforced idling
restrictions memorandum ofagreement (MOA). This MOA allowed participating countiesto enforcethe idlingrestrictionrule in theirjurisdictions. Members oftheAustin EAC area signingthe MOA included

### the counties ofBastrop, Caldwell, Hays, Travis, and Williamson and the cities ofAustin, Bastrop, Elgin, Georgetown, Hutto, Lockhart, Luling, Round Rock, and San Marcos.

In 

### meetings with officials oftheAustin EAC to develop the idling rule MOA, concerns arose regarding language in the locally enforced idlingrestrictions. Austin EAC members voiced concern thatparts of 

## §114.517, Exemptions, were ambiguous and needed revision. Members ofthe AustinEAC felt that 

## §114.517(7) and (8) could be misinterpreted to mean that a transit vehicle could idle for a total ofone hour. There was also concern thatthecommission'srule conflicted withTexas Department of Transportation (TxDOT) guidelines for vehicle idling by employees. Austin EAC members broughtto
the commission's attention TxDOT'spolicy regarding idling. The guidelines advise employeesto idle
their vehiclesto operatethe airconditionerorheating system for employee health and safety whilethey perfonn an essentialjobfunction relatedtoroadway construction ormaintenance. In

### many instances onroad and off-road vehicles atroadway construction sites mustremain in idle mode during nonnal operations. Thecommission agreed withtheAustin EAC members thatthe locally enforced idling
restrictions should be revised in light oftheseconcerns. Atthe request ofthe Austin EAC members, the
commission adopted revisionstothe locally enforcedmotorvehicle idling rule (May 12, 2006, issue of
the 

### Texas Register (31 TexReg 3900)).

In

### that same rulemaking, the commission also adopted revisionstothe idlingrule toconfonnto legislation passed in 2005. The 79th Legislature, 2005, passed House Bill (HB) 1540, amending Texas
Health and SafetyCode (THSC), Chapter 382, SubchapterB, §382.0191, Idling ofMotorVehicle While Using SleeperBerth. Thebill, statedthatthe "commission may notprohibitorlimitthe idling ofa motor
vehicle when idling is necessaryto powera heater orairconditionerwhile a driver is usingthe vehicle's sleeperberth for a government-mandatedrestperiod." In 

### addition, the bill statedthat, "no driver using
the vehicle's sleeper berthmay idle the**vehi~le** 

## in a school zone orwithin 1,000feet ofapublic school

2

### during its hours ofoperation," orelse be subject to a fme notto exceed $500.

This rulemaking amendedtherule on idling limits for gasoline and diesel-powered engines in motor
vehicles within thejurisdiction ofany local government in the statethat has signed an MOA with the
commissionto delegate enforcementto that local government. Local enforcement is crucial tothe
effective implementation ofrules to reduce the extended idling ofgasoline and diesel-powered heavydutyvehicles and will help to ensurethe reduction in nitrogen oxides (NOx) and volatile organic compound (VOC) emissions, which is needed by local governments to achieve ormaintain attainment of
the federal eight-hour ozone standard. These idling limits will lowerNOx emissions and otherpollutants
from fuel combustion. Because NOx is a precursorto ground-level ozone formation, reduced emissions
ofNOxwill result in ground-level ozone reductions.

In 

### May 2007, the 80th Legislaturepassed Senate Bill (SB) I2, which in part amended THSC, §382.0I91.
Thelegislation further prohibited vehicle idling in residential areas as defined by Local Government Code, §244.00I and within I,000 feet ofhospitals. The legislation also prohibited vehicles with sleeper
berths from idling ifan electrification facility with external heat and air conditioning hook-ups is located
within two miles ofwherethey are stopped. SB I2 extendedthe expiration ofprohibitions on the
commission from adoptingrules restricting certain idling activities from September I, 2007, to September I, 2009. Currently,there are no federal regulations governing idle time for motor vehicles. The requirements developed by the commission for this NOx emissionreduction strategy will result in restrictions on the
time allowed for motorvehicle idling.

3

### SECTION BY SECTION DISCUSSION §114.512, ControlRequirements forMotor Vehicle Idling
The adopted amendmentto §114.512(b), Control Requirements for MotorVehicle Idling, prohibits idling by drivers usingthe vehicle's sleeperberth in residential areas as defined by Local Government Code, §244.00I, orwithin I,000 feet ofa hospital. Additionally, the expiration ofthis subsection will be changed from September I, 2007, to September I, 2009.

§114.517, Exemptions
The adopted amendmentto §114.517(I), Exemptions, will change the expiration date oftheseparagraphs
from September I, 2007,to September I, 2009. Adopted§114.517(2) has been addedto clarifythat after September I, 2009, vehicles with Gross Vehicle WeightRating (GVWR) of 14,000 pounds orless will no longerbe exemptfrom therequirements of§114.512. The current exemptions listed as paragraphs (2)- (11) ofthis section are renumbered asparagraphs (3)-(12) for consistency. Renumbered§114.517(12) is
amended by changingthe expiration date oftheparagraph from September I, 2007, to September I, 2009.
The adopted amendmentto §114.517(II)will also prohibit idlingto powera heater orairconditioner if
the vehicle is withintwo miles ofa facility offeringexternal heating and airconditioningconnections at a time when those connections are available.

The amendmentsto §114.512 and §114.517 are adoptedto ensurethat the rules are consistent with the requirements set forth in SB 12.

FINAL REGULATORY IMPACTANALYSIS DETERMINATION
Thecommission reviewed the adopted rulemaking action in light ofthe regulatory analysis requirements
ofTexas GovernmentCode, §2001.0225, and determined thatthe rules are not subjectto §2001.0225
because although the adoption meetsthe definition ofa "majorenvironmentalrule" as definedthe statute,

4

### itdoes not meet any ofthe four applicability requirements listed in §2001.0225(a).

Theregulatory analysis requirements ofTexas Government Code, §2001.0225 only apply to a major
environmental rule, the result ofwhich is to: 1) exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an express requirement ofstate law, unless the rule is specifically required by federal law; 3) exceed a requirement ofa delegation agreement orcontract
between the state and an agency orrepresentative ofthefederal governmentto implement a state and
federal program; or4) adopt a rule solely underthe general powers ofthe commission instead ofundera specific state law. Specifically, the adoption will amend the rulesthat limit heavy-duty motor vehicle idling with thejurisdictionofany local government in the statethat has signed an MOAwith the
commissionto delegate enforcementto that local government. The adopted amendments will implement changes to THSC, §382.0191 as aresult ofpassage ofSB 12 in the 80th Legislature, 2007. The legislation further prohibited vehicle idling in residential areas and within 1,000 feet ofhospitals. The legislation also prohibited vehicles with sleeperberths from idling ifan electrification facility with
external heat and air conditioninghook-ups is located within two miles ofwhere they are stopped. SB 12
extendedtheexpiration ofprohibitions onthe commission from adoptingrules restricting certain idling
activitiesfrom September 1, 2007, to September 1, 2009. Currently, there are no federal regulations governing idle time for motorvehicles. These adoptions thereforedo not exceed an express requirement
offederal law. The amendments are needed to implement state law butdo notexceedthose new requirements. Theadopted rules do involve a compact (in particular, the Austin EAC), which is an agreement between the state and federal governmentto implement a state and federal program, however,
the adopted amendments do notexceed the requirements ofthatcompact. Finally, this adopted rulemaking was not developed solely underthe general powers ofthe commission, but is authorized by specific sections ofTHSC, Chapter382, which are cited in the STATUTORY AUTHORITY section of
this preamble, including §382.012 and §382.0191. Becausethis rulemaking does notmeet any ofthefour

5

### applicabilityrequirements, Texas Government Code, §2001.0225(b)does not apply, and a regulatory impact analysis is notrequired.

The commission invited public comment regardingthe draftregulatory impact analysis determination duringthe public commentperiod, but did not receive any comments duringthe public commentperiod.

TAKINGS IMPACTASSESSMENT
UnderTexas Government Code, §2007.002(5), "taking" means a governmental action thataffects private
real property, in whole or 

## in part ortemporarily orpermanently, in a mannerthatrequires the governmental entityto compensatethe private real property owner as provided by the Fifth and
FourteenthAmendments to the United States Constitution or §17 or §19, Article I, Texas Constitution; or

a governmental actionthat affects an owner's private real property that is the subject ofthe governmental action, in whole or in part ortemporarily orpermanently, in a mannerthatrestricts orlimitsthe owner's right to the propertythat would otherwise exist in the absence ofthe governmental action; and is the producingcause ofa reduction ofat least 25% in the marketvalue ofthe affectedprivate real property,
determined bycomparingthe market value ofthe property as ifthe governmental action is not in effect
and themarket valueofthepropertydetermined as ifthe governmental action is in effect.

Thecommission completeda takings impact assessment for the adopted rules. Promulgation and
enforcementofthe rules will not affectprivatereal property in a mannerthat would require compensation

to private real property owners underthe United States Constitution orthe Texas Constitution. The adoptedrules will not affectprivate real property in a mannerthat restricts orlimit an owner'srightto the propertythat would otherwise exist in the absence ofthe government action. Therefore, the adoptedrules
will notcause a "taking" asdefined under, Texas Government Code, §2007.002(5).

6

### CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the adopted rulemaking action and found thatthe adoption is an action identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11, that will
affect an action/authorization identified in §505.11, and therefore will require that applicable goals and policies oftheTexas Coastal ManagementProgram (CMP) be considered during the rulemakingprocess.

The commission determined that under 31 TAC §505.22, the adopted rulemaking action is
consistentwith the applicable CMP goals and policies. The CMP goal applicable to this rulemaking action is the goal to protect, preserve, and enhance the diversity, quality, quantity, functions, and values ofcoastal natural resource areas (31 TAC §501.12(1)). No new sources of
aircontaminants will be authorized and ozone levels will be reduced as a result ofthe adopted rulemaking. The CMP policy applicableto thisrulemaking action is the policy that commission
rules complywith regulations in 40 Code ofFederal Regulations,to protect and enhance air quality in the coastal area (31 TAC §501.14(q)). This rulemaking action complies with40 Code
ofFederal Regulations. Therefore, in compliancewith 31 TAC §505.22(e), this rulemaking
action is consistentwith CMP goals and policies.

The commission invited public commentregardingthe consistencywiththe coastal management program duringthe public commentperiod, but did not receive any comments duringthe public commentperiod.

PUBLIC COMMENT
The public hearing on this adoption was held in Austin on October22, 2007, at I

### 0:00 a.m. atthe
Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle in BuildingF, Room 2210.

7

### The City ofDallas submitted written comments in support ofthe rulemaking. One individual
submitted a written commentnot directly related tothe idlingrulemaking.

RESPONSE TO COMMENTS 

### Support of Rule
The City ofDallas commented thatthe city is in support ofall changes proposed toChapter 114
because they are ofgreatimportance in the effortto improve airquality.



## The commission appreciatesthe supportforthechangesin this rule. No changeswere made as a resultofthis comment.

YearRoundIdlingRestrictions Comment
The City ofDallas commentedthatthey are in support ofyear-round idlingrestrictions and
asked ifthe effective periodcouldbe moved from during ozone season toyear-round.



## Thecommission acknowledges the requestto implementyearround idling restrictions.
This particular rulemakingis limited to implementationofchanges found in SB 12. The
commission did notproposeto changetheidlingseasontoyear-round. No changestothe idling restriction seasonwere made as a resultofthis comment. Theidlinglimitationswill 

## remain, as they currentlyexist forconsistencywith the SIP.

Non-IdlingRule Comments
An individual commented in favor ofendingthe oxygenation fuel program in the El Paso area.

8

## Thecommission appreciatesthecommenter'sinterestin airquality. Thecommentsdo

not relateto the proposed idling restriction amendments and no changes have tothe rule
have been madein response to them.

9

# STAFF RECOMMENDATIONS

### SUBCHAPTER

## J: OPERATIONAL CONTROLS FORMOTORVEHICLES
DIVISION 2: LOCALLYENFORCEDMOTORVEHICLE IDLING LIMITATIONS §114.512, §114.517

STATUTORY AUTHORITY
The amendments are adopted underTexas WaterCode (TWC), §5.103, which authorizes the commission

to adopt rules necessary to carry out its powers and duties underthe TWC, and under Texas Health and Safety Code (THSC), Texas Clean AirAct(TCAA), §382.017, which provides the commission with the authority to adopt rules consistentwith the policy andpurposes ofthe TCAA. The amendments are adopted under TCAA, §382.011, which authorizes the commission to control the quality ofthe state's air; §382.012, which authorizes the commissionto prepare and develop a general, comprehensive plan for the
control ofthe state's air; §382.019, which authorizes the commission to adoptrules to control and reduce
emissions from engines used to propel land vehicles; §382.0191, which authorizes use ofa sleepingberth
for a government-mandated rest period; and §382.208, which authorizes the commission to develop and implementtransportation programs and othermeasures necessary to demonstrate attainmentand protectthe public from exposure to hazardous aircontaminants from motor vehicles.

The adopted amendments implement TWC, §5.103, THSC, §§382.002, 382.011, 382.012,382.017, 382.019, 382.0191, and 382.208, and SB 12, Article 4, 80th Legislature, 2007.



### §114.512. Control Requirements for MotorVehicle Idling.

(a) Noperson shall cause, suffer, allow, orpermitthe primarypropulsion engine ofa motor
vehicle to idle for more than five consecutive minutes when the motor vehicle, as defmed 

### in §114.510 of

### this title (relating to Defmitions), is not in motion during the period ofApril I through October 3 I ofeach
calendaryear.

(b) No driver usingthe vehicle's sleeperberth may idle the vehicle: in a residential area as defined byLocal Government Code, §244.00I, in a school zone, within I,OOO feet ofa hospital, or within I,OOO
feet ofapublic school during its hours ofoperation. An offense underthis subsectioninay be punishable by a fme nottoexceed $500. This subsection expires September I, 2009.



## §114.517. Exemptions.
The provisions of§II4.5I2 ofthis title (relating to Control Requirements for MotorVehicle Idling) do not apply to:

(1) 

### a motor vehicle that has a gross vehicle weight rating ofI4,000pounds or less and
does not have a sleeperberth;

(2) a motor vehicle that has a gross vehicle weightrating ofI4,000 pounds or less, after September I, 2009;

(3) a motor vehicle forced toremain motionless because oftraffic conditions overwhich
the operatorhas no control; (4) a motorvehicle beingused by the United States military, national guard, orreserve forces, oras an emergency orlaw enforcementmotor vehicle;

2

### (5) the primary propulsion engine ofa motorvehicle providing a power source necessary
for mechanical operation, otherthan propulsion, and/orpassengercompartmentheating, or air conditioning;

(6) the primarypropulsion engine ofa motorvehicle being operated for maintenance or diagnostic purposes;

(7) the primary propulsion engine ofa motorvehicle beingoperated solely to defrost a windshield;

(8) the primary propulsion engine ofa motorvehicle that is being used to supply heator
air conditioningnecessary for passengercomfort and safety in vehicles intended for commercial orpublic

passengertransportation, orpassengertransitoperations, in which case idlingup to a maximum of30
minutes is allowed;

(9) the primarypropulsion engine ofa motorvehicle being used to provide air conditioning orheating necessary for employee health or safety while the employee is using the vehicle to perform an essentialjobfunction related to roadway construction ormaintenance;

(I0) the primary propulsion engine ofa motorvehicle being used as airport ground supportequipment;

(II)the ownerofa motor vehicle rented or leased to a personthat operates the vehicle and
is not employed by the owner; or

3

### (12) a motorvehicle when idling is necessaryto power a heater orairconditioner while a driveris using the vehicle's sleeperberth for a government-mandated rest period and is not within two
miles ofa facility offering external heating and air conditioning connections at a time when those
connections are available. This subsection expires September 1, 2009.

4

### DocketNo. 2007-0991-RUL
On January 30, 2008, theTexas Commission on Environmental Quality (Commission), during apublic meeting, considered adoption ofamended § § 114.512 and 114.517. The Commission adopts this amendment in Chapter 114, Control ofAirPollution from MotorVehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally EnforcedMotor Vehicle IdlingLimitations; and correspondingrevision the state implementationplan (SIP). The.revision implements SenateBill.l2,Article 4, 80111 

### Legislature, 2007 which extends theprohibition on Commission adoption ofcertain idlingrestrictions, prohibitsidlingnearhospitals and residential areas, andrestricts idling ofvehicles with sleeperberths within 2 miles ofa vehicle heatingand air conditioninghook-up facility. UnderTex. Health & SafetyCode 

## Ann. §§ 382.011, 382.012, and 382.023 (Vernon 2001), the Commissionhas the authorityto control the quality ofthe state's airandtoissue orders consistentwiththe policies andpurposes oftheTexas CleanAir Act, Chapter 382 ofthe Tex. Health 

## & Safety Code. Theproposed amendments werepublished for comment inthe October 

## 5, 2007 issue ofthe 

## Texas Register (32TexReg 6992).
Pursuant to Tex. Health 

## & Safety Code 

## Ann. § 382.017 (Vernon 2001), Tex. Gov't Code Chapter 2001 (Vernon 2000 & Vernon Supp. 2005), and 40 Code ofFederal Regulations§ 51.102 and after proper notice, the Commission conducted a public hearing to consider the amendments and revision the SIP. Proper notice includedprominent advertisement in the areas affected at least 30 days prior to the date ofthe hearing. Apublic hearing was held 

## inAustin on October22, 2007.
The Commission circulated hearing notices ofits intended action to the public, including interested persons, the Regional Administrator ofthe EPA, and all applicable local air pollution control agencies. The public was invited to submit data, views, and recommendations on the proposed amended rules and SIP revision, either orally or in writing, at the hearing or during the comment period. Prior to the scheduled hearing, copies ofthe proposed amended rules and SIP revision were available for public inspection at the Commission's central office and onthe Commission'sWeb site. Data, views, and recommendations ofinterested persons regarding the proposed amended rules and SIP revision were submitted to the Commission during the comment period, and were considered by the Commission as reflected in the analysis of testimony incorporated by reference to this Order. The Commission finds that the analysis oftestimony includes the names of all interested groups or associations offering comment on the proposed amended rules and the SIP revision and their position concerning the same.
IT IS THEREFORE ORDERED BYTHE COMMISSION that the amended rules and revision to the SIP incorporated by reference to this Order are hereby adopted. The Commission further authorizes staffto make any non-substantive revisions to the rules necessary to comply with 

## Texas Registerrequirements. The

## adopted rules and the preamble to the adopted rules and the revision to the SIP are incorporated by reference in this Order as ifset forth at length verbatim in this Order.
IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Commission, the Chairman should transmit a copy ofthis Order, together with the adopted rules and revision to the SIP, to the Regional Administrator ofEPA as aproposed revision to the Texas SIP pursuantto the Federal Clean Air Act, codified at 42 U.S. Code Ann.§§ 7410- 7671q, as amended.
This Order constitutes the Order ofthe Commission required by the Administrative Procedure Act, Tex. Gov'tCode,§ 2001.033 (Vemon 2000 & 

## Vernon Supp. 2005).
Ifany portion ofthis Order is for any reason held to be invalid by a court ofcompetentjurisdiction, theinvalidity ofany portion shall not affect the validity ofthe remaining portions.

Date issued: 

# FEB 0 5ZOOI TEXAS COMMISSION ON ENVIRONMENTAL UALITY 

# 'The amendment is authorized b Occupations Code, §505.155, which requires the board to de elop policies that clearly separate the policy-making responsi ilities ofthe board and the management responsibilities ofthe ecutive directorand staffofthe department; by Occupations Co e, §505.201, which authorizes the board to adopt rules necess to performthe board's duties, to establish standards of cond ct and ethics for license holders, to establish requirements f each type of license issued by the board, and to establish pro dures for recognition of independent practice; by Occupati s Code, §505.203, which authorizes the board to set fees; b Occupations Code, §505.254, which requires the board to ad pt rules concerning an investigation ofa complaintfiled with t e board; by Occupations Code, §505.303, which requires the b rd to establish a specialty area of clinical social work that is onI available to a licensed master social workerwho satisfies mini urn supervised experience requirements and clinical examin ion as set by the board; and by Occupations Code, §505.404,. hich requires the board to establish mandatory continuing ed cation requirements for license holders. This agency herebycertifiestha the adoption has been reviewed by legal counsel and found to b a valid exerciseofthe agency's legal authority. Filed with the Office of the Se retary of State on February 1, 2008. TRD-200800577 Jeannie McGuire, LBSW Chair Texas State Board of Social Worke Examiners Effective date: February 21, 2008 Proposal publication date: Novemb r 16, 2007 For further information. please call: (512) 458-7111 x6972 

# • 22 TAC §781.609 STATUTORY AUTHORITY 

# •

The repeal is authorized by 

### 0 pations Code, §505.155, which requires the board to develop licies that clearly separate the policy-making responsibilities o the board and the management responsibilities of the executiv director and staff of the department; by Occupations Code, 505.201, which authorizes the board to adopt rules necessa to perform the board's duties, to establish standards of con ct and ethics for license holders, to establish requirements**~** r each type oflicense issued by the board, and to establish pr cedures for recognition of independent practice; by Occupati ns Code, §505.203, which authorizes the board to set fees; y Occupations Code, §505.254, which requires the board to a opt rules concerning an investigation ofa complaintfiled with e board; by Occupations Code, §505.303, which requires the b ard to establish a specialty area ofclinical social work that is o ly available to a licensed master social workerwho satisfies mi imum supervised experience requirements and clinical exami tion as set by the board; and by Occupations Code, §505.404, which requires the board to establish mandatory continuing ucation requirements for license holders. This agency herebycertifiesth tthe adoption has been reviewed by legal counsel and found to a valid exercise ofthe agency's legal authority. Filed with the Office of the Se tary of State on February 1, 2008. TRD-200800578 Jeannie McGuire, LBSW Chair Texas State Board of Social Worker Examiners Effective date: February 21. 2008 Proposal publication date: Novemb r 16, 2007 For further information. please call: 512) 458-7111 x6972 

# • • TITLE 30. ENVIRONMENTAL QUALITY 

# PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 114. CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES SUBCHAPTER

## J. OPERATIONAL CONTROLS FORMOTOR VEHICLES DIVISION 2. LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS 30 TAC §114.512, §114.517 The Texas Commission on Environmental Quality (commission or TCEQ) adopts amendments to §114.512 and §114.517 withoutchangesto the proposed text as published in the October 5, 2007, issue ofthe Texas Register(32 TexReg 6990) and will not be republished. The amended sections will be submitted to the United States Environmental ProtectionAgency (EPA) as a revisiontothe state implementation plan (SIP). BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES Chapter 114, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, was adopted on November 17, 2004, at the request of the local air quality planning organization in the Austin Early Action Compact (EAC) area (Bastrop, Caldwell, Hays, Travis, and Williamson Counties) for use as a control strategy in its EAC agreement to maintain attainment with the federal eight-hour ozone national ambientairqualitystandards (December3, 2004, issue ofthe Texas Register(29 TexReg 11355)). The rule package also provided local governments in other areas ofthe state the option of applying these rules in their areas when additional control measureswere needed to achieveormaintainattainment ofthe federal eight-hour ozone standard in the future. The concept ofan early, voluntary eight-hour air quality plan, or EAC was endorsed by EPA Region 6 in June 2002 then slightly modified and made available nationally in November 2002. A key pointofan EAC istheflexibility afforded areastoselectemission reduction measures such as limiting vehicle idling. On August 1, 2005, members of the Austin EAC and the commission signed the locally enforced idling restrictions memorandum of agreement (MOA). This MOA allowed participating counties to enforce the idling restriction rule in theirjurisdictions. Members of the Austin EAC area signing the MOA included the counties



## ADOPTEDRULES February 15,2008 33 TexReg 1345ofBastrop, Caldwell, Hays, Travis, and Williamson and thecities ofAustin, Bastrop, Elgin, Georgetown, Hutto, Lockhart, Luling, Round Rock, and San Marcos. In meetings with officials of the Austin EAC to develop the idling rule MOA, concerns arose regarding language in the locally enforced idling restrictions. Austin EAC members voiced concern that parts of §114.517, Exemptions, were ambiguous and needed revision. Members of the Austin EAC felt that §114.517(7) and (8) could be misinterpreted to mean that a transit vehicle could idle for a total of one hour. There was also concern that the commission's rule conflicted with Texas Department of Transportation (TxDOT) guidelines for vehicle idling by employees. Austin EAC members brought to the commission's attention TxDOT's policy regarding idling. The guidelines advise employees to idle theirvehicles to operate the airconditioner or heating system for employee health and safety while they perform an essential job function related to roadway construction or maintenance. In many instances on-road and off-road vehicles at roadway construction sites must remain in idle mode during normal operations. The commission agreed with the Austin EAC members that the locally enforced idling restrictions should be revised in light ofthese concerns. At the request ofthe Austin EAC members, the commission adopted revisions to the locally enforced motor vehicle idling rule (May 12,2006, issue ofthe Texas Register(31 TexReg 3900)). In thatsame rulemaking, the commission also adopted revisions to the idling rule to conform to legislation passed in 2005. The 79th Legislature, 2005, passed House Bill (HB) 1540, amending Texas Health and Safety Code (THSC), Chapter 382, Subchapter B, §382.0191, Idling of Motor Vehicle While Using Sleeper Berth. The bill, stated that the "commission may not prohibit or limit the idling of a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the 

### vehicle's sleeper berth for a government-mandated rest period." In addition, the bill statedthat, "nodriver usingthevehicle's sleeper berth may idlethevehicle in a school zone orwithin 1,000feet of a public school during its hours ofoperation," or else be subject to a fine not to exceed $500. This rulemaking amended the rule on idling limits for gasoline and diesel-powered engines in motor vehicles within the jurisdiction of any local government in the state that has signed an MOAwith the commission to delegate enforcementto that local government. Local enforcement is crucial to the effective implementation of rules to reduce the extended idling of gasoline and diesel-powered heavy-duty vehicles and will help to ensure the reduction in nitrogen oxides (NO.) and volatile organic compound (VOC) emissions, which is needed by local governments to achieve ormaintain attainmentofthe federal eight-hourozone standard. These idling limits will lower NO, emissions and other pollutants from fuel combustion. Because NO, is a precursorto ground-level ozone formation, reduced emissions of NO, will result in ground-level ozone reductions. In May 2007, the 80th Legislature passed Senate Bill (SB) 12, which in partamendedTHSC, §382.0191. The legislation further prohibited vehicle idling in residential areas as defined by Local Government Code, §244.001 and within 1,000 feet of hospitals. The legislation also prohibited vehicles with sleeper berths from idling if an electrification facility with external heat and air conditioning hook-ups is located within two miles ofwhere they are. stopped. SB 12 extended the expiration of prohibitions on the commission from adopting rules restricting certain idling activities from September 1, 2007, to September 1, 2009.



## 33 TexReg 1346 February 15,2008 Texas Register Currently, there are no federal regulations governing idletimefor motorvehicles. The requirements developed by the commission for this NO, emission reduction strategy will result in restrictions on the time allowed for motor vehicle idling. SECTION BY SECTION DISCUSSION §114.512, Control Requirements forMotor Vehicle Idling The adopted amendmentto §114.512(b), Control Requirements for MotorVehicle Idling, prohibits idling bydrivers using thevehicle's sleeper berth in residential areas as defined by Local Government Code, §244.001, or within 1,000 feet of a hospital. Additionally, the expiration ofthis subsection will be changed from September 1, 2007, to September 1, 2009. §114.517, Exemptions The adopted amendment to §114.517(1), Exemptions, will changethe expiration date ofthese paragraphs from September 1, 2007, to September 1, 2009. Adopted §114.57(2) has been added to clarify that after September 1, 2009, vehicles with Gross Vehicle Weight Rating (GVWR) of 14,000 pounds or less will no longer be exempt from the requirements of §114.512. The current exemptions listed as paragraphs (2)

- (11) of this section are renumbered as paragraphs (3)

- (12) for consistency. Renumbered §114.517(12) 

### is amended by changing the expiration date of the paragraph from September 1, 2007, to September 1, 2009. The adopted amendment to §114.517(11) will also prohibit idling to power a heater or air conditioner if the vehicle is within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available. The amendments to §114.512 and §114.517 are adopted to ensure thatthe rules are consistentwith the requirements set forth 

### in SB 12. FINAL REGULATORY IMPACT ANALYSIS DETERMINATION The commission reviewed the adopted rulemaking action iri light of the regulatory analysis requirements of Texas Government Code, §2001.0225, and determinedthatthe rules are notsubject to §2001.0225 because although the adoption meets the definition of a "major environmental rule" as defined the statute, it does not meet any ofthe four applicability requirements listed in §2001.0225(a). The regulatory analysis requirements of Texas Government Code, §2001.0225 only apply to a major environmental rule, the result of which is to: 1) exceed a standard set by federal 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 ofthe commission instead of under a specificstate law. Specifically, the adoption will amend the rules that limit heavy-duty motor vehicle idling with the jurisdiction of any local government in the state that has signed an MOA with the commission to delegate enforcement to that local government. The adopted amendments will implementchanges to THSC, §382.0191 as a result of passage of SB 12 in the 80th Legislature, 2007. The legislation further prohibited vehicle idling in residential areas and within 1,000 feet of hospitals. The legislation also prohibited vehicles with sleeper berths from idling if an electrification facility with external heat and air conditioning hook-ups is located within two miles of where theyare stopped. SB 12 extended the expiration of prohibitions on the commission from adopting rules restricting certain idling activities from September 1, 2007, to September 1, 2009. Currently, there are no federal regulations governing idle time for motor vehicles. These adoptions therefore do not exceed an express requirement of federal law. The amendments are needed to implement state law but do not exceed those new requirements. The adopted rules do involve a compact (in particular, the Austin EAC), which is an agreement between the state and federal government to implement a state and federal program, however, the adopted amendments do notexceed the requirements ofthat compact. Finally, this adopted rulemaking was not developed solely under the general powers of the commission, but is authorized by specific sections of THSC, Chapter 382, which are cited in the STATUTORY AUTHORITY section of this preamble, including §382.012 and §382.0191. Because this rulemaking does not meet any of the four applicability requirements, Texas Government Code, §2001.0225(b) does not apply, and a regulatory impact analysis is not required. The commission invited public comment regarding the draft regulatory impactanalysis determination during the public comment period, butdid not receive any comments during the publiccomment period. TAKINGS IMPACT ASSESSMENT UnderTexas Government Code, §2007.002(5), ''taking" means a governmental action thataffects private real property, in whole or in partortemporarily orpermanently, in a mannerthatrequires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the United States Constitution or§17or§19, Article I, Texas Constitution; oragovernmental action thataffects an owner's private real property that is the subject of the governmental action, in whole or in part ortemporarily or permanently, in a mannerthat restricts or limits the owner's rightto the propertythatwould otherwise exist in the absence ofthe governmental action; and is the producing cause ofa reduction ofat least25% in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the marketvalue ofthe property determined as ifthe governmental action is in effect. The commission completed atakings impactassessmentforthe adopted rules. Promulgation and enforcement of the rules will not affect private real property in a manner that would require compensation to private real property owners under the United States Constitution ortheTexas Constitution. The adopted rules will not affect private real property in a manner that restricts or limitan owner's rightto the propertythatwould otherwise exist in the absence ofthe government action. Therefore, the adopted rules will not cause a "taking" as defined under, Texas Government Code, §2007.002(5). CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM The commission reviewed the adopted rulemaking action and found that the adoption is an action identified in Coastal CoordinationAct Implementation Rules, 31 TAC §505.11, thatwill affect an action/authorization identified in §505.11, and therefore will require that applicable goals and policies of the Texas Coastal Management Program (CMP) 

### beconsidered duringthe rulemaking process. The commission determined that under 31 TAC §505.22, the adopted rulemaking action is consistentwith theapplicable CMP goals and policies. The CMP goal applicable to this rulemaking action is the goal to protect, preserve, and enhance the diversity, quality, quantity, functions, and values ofcoastal natural resource areas (31 TAC §501.12(1)). No new sources of air contaminantswill be authorized and ozone levels will be reduced as a result ofthe adopted rulemaking. The CMP policy applicable tothis rulemaking action isthe policythatcommission rules complywith regulations in 40 CodeofFederal Regulations, to protect and enhanceairquality in the coastal area (31 TAC §501.14(q)). This rulemaking action complies with 40 Code of Federal Regulations. Therefore, in compliance with 31 TAC §505.22(e), this rulemaking action is consistent with CMP goals and policies. The commission invited public comment regarding the consistency with the coastal management program during the public comment period, but did not receive any comments during the public comment period. PUBLIC COMMENT The public hearing on this adoption was held in Austin on October 22, 2007, at 10:00 a.m. at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle in Building F, Room 2210. The City of Dallas submitted written comments in support ofthe rulemaking. One individual submitted a written comment notdirectly related to the idling rulemaking. RESPONSE TO COMMENTS Support ofRule The City of Dallas commented that the city is in support of all changes proposed to Chapter 114 because they are ofgreat importance in the effort to improve air quality. The commission appreciates the support forthe changes in this rule. No changes were made as a result ofthis comment. YearRound Idling Restrictions Comment The City of Dallas commented that they are in support ofyearround idling restrictions and asked ifthe effective period could be moved from during ozone season to year-round. The commission acknowledges the request to implement year round idling restrictions. This particular rulemaking is limited to implementation of changes found in SB 12. The commission did not propose to change the idling season to year-round. No changes to the idling restriction season were made as a result of this comment. The idling limitationswill remain, as they currently exist for consistency with the SIP. Non-Idling Rule Comments An individual commented in favor ofending the oxygenation fuel program in the El Paso area. The commission appreciates the commenter's interest in air quality. The comments do not relate to the proposed idling restriction amendments and no changes have to the rule have been made in response to them. STATUTORY AUTHORITY The amendments are adopted underTexas Water Code (TWC), §5.103, which authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC, and under Texas Health and Safety Code (THSC), Texas Clean Air Act (TCAA), §382.017, which provides the commission with the authority to adopt rules consistent with the policy and



## ADOPTEDRULES February 15, 2008 33 TexReg 1347purposes of the TCAA. The amendments are adopted under TCAA, §382.011, which authorizes the commission to control the quality of the state's air; §382.012, which authorizes the commission to prepare and develop a general, comprehensive plan for the control ofthe state's air; §382.019, which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles; §382.0191, which authorizes use of a sleeping berth for a government-mandated rest period; and §382.208, which authorizes the commission to develop and implement transportation programs and other measures necessary to demonstrate attainment and protect the public from exposure to hazardous air contaminants from motor vehicles. The adopted amendments implement TWC, §5.103, THSC, §§382.002, 382.011, 382.012, 382.017, 382.019, 382.0191, and 382.208, and SB 12, Article 4, 80th Legislature, 2007. This agency herebycertifiesthattheadoption has been reviewed by legal counsel and found to

### be avalid exercise ofthe agency's legal authority. Filed with the Office of the Secretary of State on February 1, 2008. TRD-200800613 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: February 21, 2008 Proposal publication date: October 5, 2007 Forfurther information, please call: (512) 239-6091 

# • TITLE 31. NATU CONSERVATION 

# PART 10. TEXAS DEVELOPMENT B CHAPTER 355. FUND 

# • RESOURCES AND

The Texas Water Developmen Board (board) adopts the following Chapter 355 rules, regar ing the Research and Planning Fund, as published in the Nove ber 16, 2007, issue ofthe Texas Register (32 TexReg 8286). ctions 355.3, 355.10, 355.71, 355.77, 355.92, 355.93, 355.97 355.100, and 355.110-355.115 are adopted without changes a d will not be republished. Sections 355.5, 355.11 and 355.7 are adopted with changes and will 

### be republished. The amendments to §§355.3, 55.5, 355.10, and 355.11, Subchapter A, General Research d Planning, are adopted under the authority ofTexas Water C de §15.403 which requires the board to adopt rules to carry ou Texas waterCode, Chapter 15. The amendments to §§355.71, 355.72, and 355.77, Subchapter B, Economically Distressed Areas Facility Engineering, are adopted underthe authority of xas waterCode §15.407(d) relating to rules governing the pr curement offacility engineering services by a political subdivisi n and other rules as necessary to carry out Texas water Code, Chapter 15, Subchapter 

### F.



## 33 TexReg 1348 February 15, 2008 Texas Register The amendments to §§355.92, 55.93, 355.97, and 355.100, Subchapter C, Regional waterPI nning Grants, are adopted under the authority of Texas Wate Code §15.403, which directs the board to adopt rules to carry t Texas Water Code, Chapter 15, underwhich the board provid s the funding for regional water plans; and Texas water Cod §15.4061, which requires the board to adopt rules establishing riteria foreligibility for regional water planning money. New §§355.110- 355.115, Subc apter D. Environmental Flows Grants, are adopted pursuant t Texas water Code §15.403 which authorizesthe board to ad pt rules forTexas waterCode, Chapter 15, relating to the Tex s Water Assistance Program for research and planning, and 15.4063 which authorizes the boaro to provide funds relating t activities for studying environmental flows. The board received no commen on the proposed rules. 

## SUBCHAPTER A. 

## GEN RAL RESEARCH AND PLANNING 31 TAC §§355.3, 355.5, 355.10 355.11 The amendments to §§355.3, 3 5.5, 355.10 and 355.11 concerning Subchapter A, General Research and Planning, are adopted under the authority o Texas Water Code §15.403 which requires the board to adop rules to carry out Water Code Chapter 15. The code affected bythis rulema ing is WaterCode, Chapter 15, Subchapter F relating to Resea h and Planning; and Chapter 16, Subchapter C relating to Pia ning. 

### §355.5. Criteria

. Applications will be evaluated by executive administrator, considering, at a minimum, the following riteria: (l) Research project ev uation criteria for unsolicited applications: (A) relationshipofp**~eel**to currentneedsforwaterre· source research; (B) description ofth (C) izing and managing the research project; (D) estimated time quired to complete the research project; (E) ability to perfo the research and complete the project; (F) potential econo (G) envirorunental ancernent and conservation irnpact. (2) Research project ev luation criteria for solicited applications: (A) description oft proposed research project; (B) responsiveness fthe application to the request for proposals for requests for qualifica ons; (C) approach to org izing and managing the research project; (D) estimated time equired to complete the research project; and