Buddy Garcia, Chuirmun 

Larry R. Soward, Commissioner 

Bryan W. Shaw, Ph.D., Commissioner 

Glenn Shankle, Executive Director 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Reducing und Preventi?zy Pollution 

February 28,2008 

Docket No. 2007-0991-RUL 

Rule Project No. 2007-041-114-EN 

Richard E. Greene, Regional Administrator 

U.S. Environmental Protection Agency - Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Mayor Greene: 

On January 30, 2008, the Texas Commission on Environmental Quality (Commission) adopted revisions to the 

State Implementation Plan (SIP). 

The Commission adopted amendments to $8 1 14.5 12 and 1 14.5 17 in 30 TAC Chapter 1 14, Control of Air 

Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally 

Enforced Motor Vehicle Idling Limitations; and corresponding revision to the SIP. The revision implements 

Senate Bill 12, Article 4, 8oth Legislature, 2007 which extends the prohibition on Commission adoption of 

certain idling restrictions, prohibits idling near hospitals and residential areas, and restricts idling of vehicles 

with sleeper berths within 2 miles of a vehicle heating and air conditioning hook-up facility. 

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record of the public 

hearing, and the accompanying order. I look forward to your expeditious approval of this SIP revision. 

Sincerely, A 

Chairman I I 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Auburn Mitchell, Office of Budget, Planning and Policy, Office of the Governor 

Mr. Glenn Shankle, Executive Director, Texas Commission on Environmental Quality 

P.O. Box 13087 Aust~n, Texas 78711-3087 . 512-239-1000 Internet add~ess: \mv.tceq.state.tx.us 

I I , 1 
THE STATE OF TEXAS $ 

COUNTY OF TRAVIS $ 

This is to certify that the attached are true and correct copies of docunlents for revisions to the Texas 

State Implementation Plan, adopted on January 30,2008, pursuant to 40 Code of Federal Regulations (CFR) 

$51.1 04. I am the records administrator for the Air Quality Division of the Texas Commission on 

Environmental Quality (Commission). 

pusana M. Hildebrand, P.E. 

Director, Air Quality Division 

Texas Commission on Environmental Quality 
Texas Commission on Environmental Quality 

Public Hearing 

October 22,2007 

Concerning revisions to 30 TAC Chapter 114 

Control of Air Pollution from Motor Vehicles 

SB 12: Idling of Motor Vehicles 

Rule Project Number 2007-041-1 14-EN 
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 of Air Pollution from Motor Vehicles, and to the State Implementation Plan (SIP). 

The rulemaking implements Senate Bill 12. Article 4. 8oth Legislature, 2007. The rulemaking 

extends the expiration of prohibitions on the commission adopting rules restricting certain vehicle 

idling activities from September 1, 2007, to September 1, 2009. Additionally, the rulemaking 

prohibits idling within 1,000 feet of a hospital and in residential areas. Finally, vehicles with sleeper 

berths are prohibited from idling if an electrification facility that provides external heat and air 

conditioning hook-ups is located within two miles of their stop. 

The comment period closed on Novernber 5, 2007. All testimony and comments have been 

reviewed and seriously considered. This hearing record contains a complete record of the public 

hearing and is divided into the following four sections: 

o Public Notification and Proposal 

o Written and Oral Testimony 

o Evaluation of Testimony 

0 Staff Recommendations/Order 

Additional copies of this hearing record are maintained in the TCEQ central office at 121 00 Park 35 

Circle, Austin, Texas 78753. For further information, please contact Theodore Kosub at (51 2) 239- 

5609. 
PUBLIC

NOTIFICATION AND

PROPOSAL
PUBLIC NOTIFICATION 

Notification to the public of the 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 of the proposed rules in the October 5, 2007, issue of the Texas Register (32 TexReg 

6990). 

3. Publication of the Public Hearing Notice in the October 5, 2007, issue of the Texas Register 

(32 TexReg 71 18). 

4. Correspondence forwarding the notice of public hearing to the following officials and agencies: 

Speaker of the House 

Lieutenant Governor 

Alamo Area Council of Governments 

Capital Area Planning Council 

City of Victoria Planning Department 

Dallas Department of Environmental and Health Services 

Dallas Department of Aviation 

East Texas Council of Governments 

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 of Governments 

Houston-Galveston Area Council 

South East Texas Regional Planning Commission 

Texas Department of Transportation 

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 

Ausfin American-Statesman, September 21,2007 
Buddy Garcia, Chairman 

Larry R. Soward, Commissioner 

Glenn Shankle, Executive Director 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Reducing and Preventing Pollution 

NOTICE OF A PUBLIC HEARING ON PROPOSED RJWISIONS TO 30 TAC CHAPTER 114 

AND THE STATE ZMPLEMENTATION PLAN 

The Texas Coinmission on Environmental Quality (commission) will conduct a public hearing to receive 

testiinony concerning proposed revisions to 30 TAC Chapter 114, Control of Air Pollution from Motor 

Vehicles, and to the state iinplementation plan under the requirements of Texas Health and Safety Code, 

$382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations 

$5 1.102, of the United States Environmental Protection Agency concerning state implementation plans. 

The proposed ruleinaking would implement Senate Bill 12, Article 4, 80th Legislature, 2007. The 

proposed rulemaking would extend the expiration of-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 air conditioning hook-ups is located within two miles of their stop. 

The commission will hold a public hearing on this proposal in Austin on October 22, 2007, at 10:OO 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 coinments by interested 

persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements 

when called upon in order of registration. There will be no open discussion during the hearing; however, 

commission staff will be available to informally discuss the proposal 3'0 minutes before the hearing. 

Persons who have special coinmunication or other accominodation needs who are planning to attend the 

hearing should contact Lesley Williamson, Office of Legal Services, at (512) 239-2461. 

Comments may be submitted to Lesley Williamson, MC 205, Office of Legal Services, Texas 

Commission on Enviroi~inental Quality, P.O. Box 13087, Austin, Texas 7871 1-3087, or faxed to (512) 

239-4808. Electronic colnments may be submitted at Iztf~://~~~~~~5.tceq.state.~.us/~-ules/econzn~erzts. File 

size restrictions may apply to comments submitted through the eCoinments system. All comments sllo~~ld 

reference Rule Project Number 2007-041-1 14-EN. The comment period closes November 5, 2007. 

Copies of the proposed rules can be obtained fsom the commission's Web site at 

kttp://ww~z tceq.state. tx. us/nav/rules/propose adopt. htnzl. For further information, please contact 

Theodore Kosub, Air Quality Planning, (5 12)239-5609. 

Issued in Austin, Texas on September 19, 2007 

P.O. Box 13067 Austin, Texas 78711-3087 512-239-1000 Internet address: wvlw.tceq.state.tx.us 
ber 2003-0365-IWD-E, 

failing to prevent the 

ENFORCEMENT COOR 

REGIONAL OFFICE: 40 

Texas 79901 - 1206, (9 15) 

(18) COMPANY: City of 

2007-0487-MWD-E; lDENTI 

Wilson County, Texas; TYPE 

conservation and Development A 

INATOR: Cheryl Thomp- 

: 14250 Judson Road, San 

DOCKET N 

event unauthorized emissions; 

COORDINATOR: Roshondra 

490-3096. 

TRD-200704490 

Mary R. Risner 

Director, Litigation Division 

Filed: September 25, 2007 

+ + 

Notice of Public Hearing on P oposed Revisions to 30 TAC 

Chapters 17 and 18 I 

The Texas Commission on Envir nmental Quality (commission) will 

conduct a public hearing to receiv testimony concerning proposed re- t 

Code, Chapter 2001. Subchapter 

hearing. 

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 

htp://~~wnd.tceq.state.tx.~~s/riiles/ cornmenls. File size restrictions 

may apply to comments submitted rough the ecomments system. All 

comments should reference Rule roject Number 2007-055-1 17-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 

htp://wn~n~tceq.state.rx.ush~a~~/r~~l s/propose-udopt. html. For further 

information, please contact Ron H tlett, Small Business and Environmental 

Robert Martinez 

Assistance (5 12) 239-6348 I 

Filed: September 21, 2007 

Notice of Public Hearing on Proposed Revisions to 30 TAC 

Chapter 114 and'the State Implementation Plan 

The Texas Commission on Environmental Quality (commissio~i) will 

conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 114, Control oi Air Pollution from Motor Vehicles, and to the state implementation p!an under the requirements oi Texas Health and Safety Code, 9382.017; Texas Government 

Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations 951.102, of the United Stated Environmental Protection Agency 

concerning state implementation plans. 

The proposed rulernaking would extend the expiration of prohibitions 

on the commission adopting rules restricting certain vehicle idling activities from September 1, 2007, to September 1, 2009. Additionally 

the proposed rulernaking would prohibit idling within 1,000 feet of a 

hospital and in residential areas. Finally, vehicles with sleeper berths 

would be prohibited from idling ii an electrification facility that pro32 TexReg 7118 October 5,2007 Texas Register 
vides external heat and air conditioning hook-ups is located within two 

miles of their stop. 

The commission will hold a public hearing on this proposal in Austin on 

October 22,2007. a1 10:OO 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 comments by interested persons. Registration will begin 30 

minutes prior to the hearing. Individuals may present oral statements 

when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff will be available to 

informally discuss the proposal 30 minutes before the hearing. 

Persons who have special communication or other accommodation 

needs who are planning to attend the hearing should contact Lesley 

Williamson. Office of Legal Services, at (5 12) 239-246 I. 

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 ecomments 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.us/nav/ruIes/propo~e~adopt.htm. For further 

information, please contact Theodore Kosub, Air Quality Planning, 

(512) 239-5609. 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Filed: September 21. 2007 

Notice of Water Quality Applic tions t 

The following notices were issued uring the period of September 12, 

2007 through September 20,2007. P 

NOTICE. 

INFORMATION SECTION I 

with the exa as Coastal Manageme goals and policies in accordance with the regulations of Council, and 

has determined thatthe action is c with the applicable CMP 

goals and policies. 

sion on Environmental Quali 

Texas Pollutant Discharge El 

WQOO 1482800 1, to authorize 

water at a daily average flow n 

002. The facility is located a venue B, on the north side of 

State Highway 66, approxima feet east of the intersection of 

State Highway 66 and State H in the City of Garland. Dallas 

County, Texas. 

average flow not to exceed 

is located is 5003 Atascocit 

south of Farm-to-Market Ro 

of the intersection of Atasco 

in Harris County, Texas. 

ITY DISTRICT NO. 344 has 

vironmental Quality (TCEQ) 

83-001, which authorizes the 

at an annual average flow not 

facility is located at approxiCITY OF HOUSTON ha renewal of TPDES Permit No. 

WQ0010495 100, which discharge of treated domestic 

wastewater at an annual ot to exceed 3,710,000 gallons 

per day. The facility is loca enmar Street on the south bank 

of Greens Bayou approximat et northeast of the intersection 

Texas. 

in Harris County, Texas. 

NORTH PARK PUBLIC UTI ISTRICT has applied for a renewal of TPDES Permit No. 1855001, which authorizes the 

discharge of treated domestic wa at an annual average flow not 

IN ADDITION October 5,2007 32 TexReg 7119 
Filed with the Office of the Sec tary of State on September 21, 

2007. 

TRD-200704400 

Robert Martinez 

+ + 

CHAPTER 1 14. CONTROL OF AIR 

POLLUTION FROM MOTOR VEHICLES 

SUBCHAPTER J. 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 

or TCEQ) proposes amendments to $1 14.512 and $11 4.51 7. 

The amended sections will be submitted to the United States 

Environmental Protection Agency (EPA) as a revision to the state 

implementation plan (SIP). 

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS 

FORTHEPROPOSEDRULES 

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 air quality standards (29 TexReg 11 355). 

The rule package also provided local governments in other areas 

of the state the option of applying these rules in their areas when 

additional control measures were needed to achieve or maintain 

attainment of the federal eight-hour ozone 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 the flexibility afforded areas to select 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 their jurisdictions. 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 $1 14.51 7, 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 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 motor vehicle 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 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 stated that, "no driver using the vehicle's sleeper 

berth may idle the vehicle in a school zone or within 1,000 feet 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 

MOA with the commission to delegate enforcement to 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 or maintain attainment of the federal eight-hour ozone 

standard. These idling limits will lower NO, emissions and other 

pollutants from fuel combustion. Because NOx is a precursor to 

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 part amended THSC, $382.01 91. 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 no federal regulations governing idle time for 

motor vehicles. The requirements developed by the commission 

for this NO, emission reduction strategy will result in restrictions 

on the time allowed for motor vehicle idling. 

SEC1-ION BY SECTION DISCUSSION 

5 114.512, Control Requirements for Motor Vehicle ldling 

The proposed amendment to $1 14.51 2(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 a 

32 TexReg 6990 October 5,2007 Texas Register 
hospital. Additionally, the expiration of this subsection would be 

changed from September 1,2007, to September 1,2009. 

$114.577, Exemptions 

The proposed amendment to 5114.517(a)(1), Exemptions, 

would change the expiration date of these paragraphs from 

September 1, 2007, to September 1, 2009. Proposed 

5114.57(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 5114.512. The current exemptions listed as 

paragraphs (2) - (11) of this section will be renumbered as paragraphs (3) - (12) for consistency. Renumbered 5114.517(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 $1 14.517(a)(11) would 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 5114.512 and 5114.517 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 for the 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 beith from idling in residential areas or within 

1,000 feet of hospitals; prohibiting vehicles with sleeper beRhs 

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 activities from 

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, Catdwell, 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 state who have adopted vehicle idling restrictions as an additional control measure to achieve 

or maintain attainment of the federal eight-hour ozone standard. 

There could be marginal enforcement costs for local governments who enforce the additional idling controls. The rules provide local governments the authoriiy 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 benefit will 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. 

No fiscal 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, or as long as an electrification facility with 

external heat and 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 

The commission has reviewed this 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, 52001.0225, 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 52001.0225(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, 5382.0191 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 

DOSED RULES October 5,2007 32 TexReg 699I 
for 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 9382.012 and 9382.0191. 

Because this rulemaking does not meet any of the four applicability requirements, Texas Government Code, 92001.0225(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 or temporarily or permanently, in a manner that requires 

the governmental entity to compensate the private real property 

owner as provided by the Fifth and Fourteenth Amendments to 

the United States Constitution or $17 or $1 9, Article I, Texas Constitution; or a governmental action that affects an owner's private 

real property that is the subject of the governmental action, in 

whde or in part or temporarily or permanently, in a manner that 

restricts or limits the owner's right to the property that would 0thenvise exist in the absence of the governmental action; and is 

the producrng 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 of the property determined as if the governmental action is in effect. 

The commission completed a takings impact assessment for 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, 92007.002(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 9505.11, or will affect 

an action/authorization identified in 9505.11, and therefore will 

require that applicable goals and policies of the Texas Coastal 

Management Program (CMP) be considered during the rulemaking process. 

The commission determined that under 31 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 9501.12(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 

to this 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 9501.14(q)). 

This rulemaking action complies with 40 Code of Federal Regulations. Therefore, in compliance with 31 TAC 9505.22(e), this 

rulemaking action is consistent with CMP goals and policies. Interested persons may submit comments regarding the consistency of the proposed amendments with the CMP during the public comment period. 

Written comments on the consistency of this rulemaking may be 

submitted to the contact person at the address listed under the 

SUBMllTAL 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:OO 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 comments by interested persons. Individuals mav Dresent oral statements when called upon in order of 

registration. here will be no open discussion during the hearing; 

however, aaencv staff will be available to discuss the proposal 

30 minutesbriorto the 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. 

SUBMllTAL 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://www5.tceq.state.tx.us/rules/ecomments/. All comments should reference Rule Project Number 2007-041 -1 14-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.us/nav/ruledpropose~adopt.html. 

For further information, please contact Theodore Kosub, Air 

Quality Division, (51 2) 239-5609. 

STATUTORY AUrHORlTY 

The amendments are proposed under Texas Water Code (TWC), 

95.1 03, which authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC, and under 

THSC, Texas Clean Air Act (TCAA), 9382.017, which provides 

the commission with the authority to adopt rules consistent with 

the policy and purposes of the TCAA. The amendments are also 

proposed under TCAA, 9382.01 1, 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; 9382.019, 

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 9382.208, 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 proposed amendments implement TWC, $5.1 03, THSC, 

$9382.002, 382.01 1, 382.01 2, 382.01 7, 382.01 9, 382.01 91, 

and 382.208, and SB 12, Article 4, 80th Legislature, 2007. 

32 TexReg 6992 October 5, 2007 Texas Register 
5114.512. Cot~tml Requiremenrs 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 of a hospital, or within 

1,000 feet of a public school during Its hours of operation. An offense 

under this subsection may be punishable by a fine not to exceed $500. 

This subsection expires September I, 2009 [W]. 

$114.517. Exemptions. 

The provisions of 8114.512 of this 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 14,000 pounds or less and [if kfwe Sqxemk k ?AN&] does not 

have a sleeper berth; 

a motor vehicle that has a gross vehicle weight rating 

of 14,000 pounds or less, after September 1, 2009; 

12) [@I a motor vehicle forced to remain motionless be- cause of traffic conditions over which the operator has no control; 

(4J [a] a motor vehicle being used by the United States 

military. national guard, or reserve forces, or as an emergency or law 

enforcement motor vehicle; 

[@+I the primary propulsion engine of a motor vehicle 

providing a power source necessary for mechanical operation, other 

than propulsion. and/or passenger compartment heating, or air conditioning; 

$J [W] the primary propulsion engine of a motor vehicle 

being operated for maintenance or diagnostic purposes; 

(7J [@I the primary propulsion engine of a motor vehicle 

being operated solely to defrost a windshield; 

@J [m] the pnmary propulsion engine of a motor vehicle 

that is being used to supply heat or air conditioning necessary for passenger comfort and safety in vehicles intended for commercial or public 

passenger transportation, or passenger transit operations, in which case 

idling up to a maximum of 30 minutes is allowed; 

[@I the primary propulsion engine of a motor vehicle 

being used to provide air conditioning or heating necessary for employee health or safety while the employee is using the vehicle to perform an essential job function related to roadway construction or maintenance; 

(10) [@)I the primary propulsion engine of a motor vehicle 

being used as airport ground support equipment; 

(11) [MI the owner of a motor vehicle rented or leased to 

a person that operates the vehicle and is not employed by the owner; or 

(12) [+&&)I 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 [-I. 

This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

Filed with the Office of the Secretary of State on September 21, 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: November 4, 2007 

For furlher information, please call: (512) 239-2461 

TITLE 31. NATUR L RESOURCES AND 

CONSERVATION 4 

PART 2. TEXAS 

WILDLIFE 

CHAPTER 53. FINAN E 

SUBCHAPTER A. FE 

DIVISION 1. LICENS PERMIT, AND BOAT 

AND MOTOR FEES 

31 TAC 353.16 f 

The Texas Parks and partment (the department) proposes an amendment concerning Vessel, Motor, and 

Marine Licensing Fees. 

ter. 

Robert Macdonald, Regula inator, has determined 

that for each of the first fiv rule as proposed is in 

effect, there will be minima ~mplications to the departlicenses are renewed and no 

new license issued after the 

department will realize $1 25 

two-year period thereafter. T no method for 

determining future demand. - 

PROPOSED RULES October 5,2007 32 TexReg 6993 
WRITTEN AND 

ORAL TESTIMONY
INDEX OF WRITTEN TESTIMONY 

Reference Number Submitted Bv 

Laura Fiffick, City of Dallas 

Dennis Jenkins, on behalf of himself 
PAGE: 02/03 

W-1 

CITY OF DALLAS 

October 22,2007 

! 

Lesley Wij.li.amson ' 

M.C 205 

Office of Legal Services 

Texai Commission on Envi.rom.ental Quality ' 

P.O.. Box 13087 

Austin, TX 7871.1.-3087 

Dear Ms. Williamson: 

Re: Rule Prqj ect Number 2007-04 1-1 14-EN 

The City of Dallas appreciates the opportunity to commt on the proposed changes to 

the Locally Enforced Motor Vehicle Idling rule. The success of this rule and the proposed 

changes are of great importmcc in order to irnprove'air quality in. OW region and protect 

the hcalth of ci-hens who live and work in North Cmtral Texas. 

The Cj,ty .of Dallas worts the proposed amendment to the Motor Vehicle Idling Itule 

which would prohibit idling by drivers using .the vchiclc's sleeper berth. jn resj.dmtia1 

arcas or within, 1.,000 feet of a. hospital. Diesel emissions fr0.m heavy duty truoks as well 

as buses are a major concern, for the Dallas-Fort Worth nine county non-aftahnent area 

because they comprise approximately fifty percent of NOx emissions for on-road sources 

in our region. Thh large 'percentage is of particular concern given that diesel emissions 

fkom motor vehicles contribute to health pkblsms such as prem,ature death, cancer, heart 

attacks, cardiovascdar disease, emphysema, and nsthma. Wc therefore beLieve this rule to 

impose additi.od restrictions on idling, which rdedses harxnfu.1 airbomc contaminants, 

will help £irthcr protect: the health and well-being of kitizens in our region. 

Because emissions from diesel engines pose such a large health threat to our citizens, th,e 

City of Dallas would like to advocate for the Commission to ~onsider changing thc time 

frame that the Locally Enforocd Motor Vehicle Idling rule is effective to year round 

versus the current period, of ozone season. Extending the time hmme to twelve months 

will allow for furtha protection against &ese harmful en~issions as well. as enhance 

education, enforcement, ad compliance. . 

OFFICE OF ENVIRONMENTAL OUALITf 1500 MAFUUA, EFN DAU.I\B;TEW\S 76201 TELEPHONE 414/810-5n3 
ENVIRONMENTAL QUALIT PAGE 03/03 

October 22,2007 

Re: Rule Piojcct Number 2007-041-1 1.4-EN 

Pqc 2 

The City of Dallas also supports the amendment to prohibit idling to powm a heaim or air 

conditioner if the vehiole is within two mi1.e~ of a facility offcring external. heating and air 

conditioning connections at a time when those connections are availa.ble. Emuging 

technologies such as Truck Stop Electdhcation Devices arc eflcctive for reducing idljng 

and the proposed change will 11,elp encourage vehicle owners 'to use such deviocs as 

dtematives to mqhg their cngincs for 11.dng and cooling. Thc City hopes to work 

more closely with th~ State and Federal government in order to ensure tbat more truck 

stop electrj5,cntion devicas ate installed in the DsUas-Fort Worth non-attainment area 

The City would also Like to express its support for the Commissions deei.sion to ~larify 

that after September 2009 vehicles with a Gross VeMcle Weight Rating will no longer be 

exempt from the Locdly Enforced Motor Veh.iole Idling rule. Like diesel emissions, 

gasoline crnissions can also cause adverse hedill &em such as nose and throat irritation, 

headaches, diahess, nausea, vomiting, and breWg dfiouities and we feel. that this 

change wiIl provide safeguards for citizens breathing emission vapors. 

The City of Dallas is a proponent of local government involvemmt in assisting the TexasCommission on Enviionmentnl. Qudity (TCEQ) wirl1. enforcing the Motoi Vehicle Idling 

Rule in order to achieve effective implementation. In May 2007, the Dallas City Council 

passed an ordinance prohibiting motor vchicles with a pss wight of 14,000 &om idling 

fm more than five minutes. Enforcement of this ordinance will begin in. April 1, 2008. 

The City of Ddlas has also worked collaborative1y with the TCEQ and tlie North Cenbfal 

Texas Council of Governments to develop a Memorandum. of Agreement (MOA) 'ro 

delegate the enforcment of the Motor Vehicle Idling Rule to the City of Dallas. llle 

MOA was written, jn. a manner so that other citics in the North Central Texas region who 

am consjderiag adopting idling ordinances can enter into a MOA with the TCEQ using 

the same format. 

We look fod to our continued involvement in clean air issues across the region and 

Atture discussions betwccn the Cj.Q of Dallas and the TCEQ. .If you. have an.y questions , 

concdg tb.e efforts of the City of Dallas, please feel fiee to contact me at 21.4-670- 

1200. 

Sincerely, 
From: -=autoartetc@sbcglobal.net> 

To: -=autoartetc@sbcglobal.net> 

Date: Wed, Oct 17,2007 6:33 PM 

Subject: 2007-041 -1 14-EN 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Dennis I 

Last Name: Jenkins 

' CompanylOrganization: 

E-mail Address: autoartetc@sbcglobal.net 

Street Address: 9300 Breish Ct. 

City: El Paso 

State: TX 

Zip Code: 79925-51 21 

Phone Number: 915-591-8517 

Fax Number: 915-591-8517 

Rule: 2007-041 -1 ICEN 

Comments: 

1 am in favor ofSENDING the OXYGENATED FUEL PROGRAM, it may of helped or may not of helped. . If I had to use more fuel to drive the same distance, what good did it ever do. During oxygenated 

fuel season my gas mileage always dropped, therefor I always belived I was putting out approximately the 

same amount of carbon monoxide as getting better mileage on standard fuel. 

Thank you for your time. L' Dennis Jenkins 
INDEX OF ORAL TES'I'IMONY 

Reference Number Submitted by 

No oral testimony was received pertaining to this proposal. 
EVALUATION OF

TESTIMONY
Texas Commission on Environmental Quality INTEItOFFICE MEMOIWDUM 

To : Con~missioners Date: January 1 1, 2008 

Thru: LaDonna Castaiiuela, Chief Clel-I< 

Glenn Shanltle, Executive Director r 

From: David C. Schanbacher, P.E., Chief Engineer ~7 

Chief Engineer's Office v 

Doclcei No.: 2007-099 1 -Rn 

Subject: Commission Approval for Rulemalting Adoption 

Chapter 1 14, Control of Air Pollution from Motor Vehicles 

SB 12 - Idling of Motor Vehicles 

Rule Project No. 2007-041-1 14-EN 

Scope of the rulemalung: 

The adopted rule would implement changes to 30 Texas Administrative Code (TAC) Chapter 1 14, Control of 

Air Pollution from Motor Vehicles as a result of Senate Bill (SB) 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 of the stop. The amended sections w,ill be submitted to the United States Enviro~lmental 

Protection Agency (EPA) as a revision to the state implementation plan (SIP). 

Reasons for the rule package: 

Tile ~-uleinal<ing would implement SB 12, Article 4, 80th Legislature, 2007, which .in part amended the Texas 

Health and Safety Code, Chapter 362, Subchapter B, 5382.0191, Idling of Motor Vehicle While Using 

Sleeper Berlh. The legislati011 prohibited vehicle idling in residential areas (as defined by $244.001 of the 

Local Gove~n~nent Code) and within 1,000 feet of hospitals. SB 12 extended the expiration of prohibitions 

on the cornmission lo adopt rules restricting certain idling activities from September 1,2007, to September 1, 

2009. 

Statutory Authority: 

The an~endlnents are adopted under Texas Water Code (TWC), $5.1 03, which authorizes the commission lo 

adopt rules necessary to cany out its powers and duties under tile TWC: and ~~ndel- Texas Health and Sxlety 

Code, Texas Clean Air Act (TCAA), $382.01 7, which provides the com~nission with the authority to adopt 

rules consistent with the policy and purposes ofthe TCAA. The aniendrnents are also adopted under TCAA, 

$362.01 1, wliicli authorizes the commission lo control the quality of the state's air; $3 82.0 12, which 

authorizes tlle co~nmission to prepare and develop a general, compl-ehensive plan fo~ thecontrol of tlie 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 sleeper berth for a government-ma~ldated 

rest period; and $382.208, which authorizes the commission to develop and implement transportation 

programs and other measures necessaly to demonstrate attainment and protect tlie public from exposure to 

hazardous air contaminants from motor vehicles. 
Con-lmissionel-s 

Page 2 

.lan~ial*y 30, 3008 

The adopted amendments iniplemel~l TWC, $5.1 03, TJ-ISC, $$382.01 I, 382.012, 382.01 9, 382.01 91, and 

382.208, and SB 12, Article 4, 80th Legislalure, 2007. 

Potentially controvel'sial matters: 

No controversial issues have been identified related to this adol~ted rulemalcing. 

Public comment: 

The prol~osed rules were published in the October 5, 2007, issue of the Texas Kegisler (32 TexReg 69'12). A 

public Ilearing on this adoption was held on October '22, 2007. The City of Dallas submifled written 

comments in support of the rulemalcing. One individual submitted a written colnlnent not directly relatecl to 

the idIing rulemalcing. 

Significant changes from proposal: 

No significant cha~iges from proposal have been made. 

Key points in adoption rulemalcing schedule: I , . 

TCXCIS Register proposal publication date: October 5,2007 

Six-month Tcxcu Register filing deadline: April 7,2008 

Anticipated Ta-RS Register publication date: February 15, 2008 

Anticipated effective clate: February 21,2008 

Agency contacts: 

Theodore ICosub, Rule Prqject Manager, 239-5609, Air Quality Division 

John Minter, Staff Attorney, 239-0663 

John Gaete, Texas Register Coordinator, 239-6091 

Attachments 

cc: Chief Clerlc, 5 copies 

Executive Directola's Office 

David C. Schanbacller, P.E. 

Ashley IC. Wadick 

Daniel Womaclc 

Zak Covar 

Office of General Counsel 

Theodore Icosub 

Jolln Gaete 
EVALUATION OF TESTIMONY 

The Texas Commission on Environmental Quality (commission or TCEQ) adopts amendments to 

tj 114.5 12 and tj 114.51 7 without changes to the 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 submitted to the United States Environmental Protection Agency (EPA) as 

a revision to the 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 ambient air quality standards (December 3,2004, issue of the Texas 

Register (29 TexReg 1 1355)). The rule package also provided local governments in other areas of the 

state the option of applying these rules in their areas when additional control measures were needed to 

achieve or maintain attainment of the federal eight-hour ozone 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 the flexibility afforded areas to select 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 their jurisdictions. 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 

$1 14.5 17, Exemptions, were ambiguous and needed revision. Members of the Austin EAC felt that 

$ 1 14.5 17(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 

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 onroad 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 motor vehicle idling rule (May 12,2006, issue of 

the Texas Register (3 1 TexReg 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 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 govemment-mandated rest period." In addition, the bill stated that, "no driver using 

the vehicle's sleeper berth may idle the vehicle in a school zone or within 1,000 feet 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 MOA with the 

commission to delegate enforcement to that local government. Local enforcement is crucial to the 

effective implementation of rules to reduce the extended idling of gasoline and diesel-powered heavyduty 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 or maintain attainment of 

the federal eight-hour ozone 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 80th Legislature passed Senate Bill (SB) 12, which in part amended THSC, 5382.0191. 

The legislation further prohibited vehicle idling in residential areas as defined by Local Government 

Code, 5244.001 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 no federal regulations governing idle time for motor vehicles. 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 

$1 14.51 2, Control Requirements for Motor Vehicle Idling 

The adopted amendment to § 1 14.5 12(b), Control Requirements for Motor Vehicle Idling, prohibits idling 

by drivers using the vehicle's sleeper berth in residential areas as defined by Local Government Code, 

5244.001, or within 1,000 feet of a hospital. Additionally, the expiration of this subsection will be 

changed from September 1,2007, to September 1,2009. 

$1 14.51 7, Exemptions 

The adopted amendment to § 1 14.5 17(1), Exemptions, will change the expiration date of these paragraphs 

from September 1,2007, to September 1,2009. Adopted § 1 14.5 17(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 § 1 14.5 12. The current exemptions listed as paragraphs (2)- 

(1 1) of this section are renumbered as paragraphs (3)-(12) for consistency. Renumbered § 1 14.5 17(12) is 

amended by changing the expiration date of the paragraph from September 1,2007, to September 1,2009. 

The adopted amendment to § 1 14.5 17(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 § 1 14.5 12 and § 1 14.5 17 are adopted to ensure that the rules are consistent with the 

requirements set forth in SB 12. 

FINAL REGULATORY IMPACT ANALYSIS DETERMINATION 

The commission reviewed the adopted 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 adoption meets the definition of a "major environmental rule" as defined the statute, 
it does not meet any of the four applicability requirements listed in 52001.0225(a). 

The regulatory analysis requirements of Texas Government Code, 52001.0225 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 of the commission instead of under a 

specific state 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 implement 

changes to THSC, 5382.0191 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 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 not exceed the requirements of that 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 5382.012 and 5382.0191. Because this rulemaking does not meet any of the four 
applicability requirements, Texas Government Code, $200 1.0225(b) does not apply, and a regulatory 

impact analysis is not required. 

The commission invited public comment regarding the draft regulatory impact analysis determination 

during the public comment period, but did not receive any comments during the public comment period. 

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 or temporarily or permanently, in a manner that requires the 

governmental entity to compensate the private real property owner as provided by the Fifth and 

Fourteenth Amendments to the United States Constitution or $1 7 or 5 19, Article I, Texas Constitution; or 

a governmental 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 to the 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 of the property determined as if the governmental action is in effect. 

The commission completed a takings impact assessment for the 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 or the Texas Constitution. The 

adopted rules will not affect private real property in a manner that restricts or limit an owner's right to the 

property that would otherwise exist in the absence of the 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 Coordination Act Implementation Rules, 3 1 TAC $505.11, that will 

affect an actionlauthorization identified in $505.1 1, and therefore will require that applicable 

goals and policies of the Texas Coastal Management Program (CMP) be considered during the 

rulemaking process. 

The commission determined that under 3 1 TAC $505.22, the adopted 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 (3 1 TAC $501.12(1)). No new sources of 

air contaminants will be authorized and ozone levels will be reduced as a result of the adopted 

rulemaking. The CMP policy applicable to this 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 (3 1 TAC $501.14(q)). This rulemaking action complies with 40 Code 

of Federal Regulations. Therefore, in compliance with 3 1 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. 

PLBLJC COMMENT 

The public hearing on this adoption was held in Austin on October 22,2007, at 10:OO a.m. at the 

Texas Commission on Environmental Quality complex located at 121 00 Park 35 Circle in 

Building F, Room 22 10. 
The City of Dallas submitted written comments in support of the rulemaking. One individual 

submitted a written comment not directly related to the idling rulemaking. 

RESPONSE TO COMMENTS 

Support of Rule 

The City of Dallas commented that the city is in support of all changes proposed to Chapter 1 14 

because they are of great importance in the effort to improve air quality. 

The commission appreciates the support for the changes in this rule. No changes were 

made as a result of this comment. 

Year Round Idling Restrictions Comment 

The City of Dallas commented that they are in support of year-round idling restrictions and 

asked if the 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 limitations will 

remain, as they currently exist for consistency with the SIP. 

Non-Idling Rule Comments 

An individual commented in favor of ending the oxygenation he1 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. 
STAFF

RECOMMENDATIONS
SUBCHAPTER J: OPERATIONAL CONTROLS FOR MOTOR VEHICLES 

DIVISION 2: LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS 

§114.512,§114.517 

STATUTORY AUTHORITY 

The amendments are adopted under Texas 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), $382.01 7, which provides the commission with the 

authority to adopt rules consistent with the policy and purposes of the TCAA. The amendments are 

adopted under TCAA, $3 82.0 1 1, 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; $3 82.0 19 1, 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, 382.0 19 1, and 382.208, and SB 12, Article 4, 80th Legislature, 2007. 

5114.512. Control Requirements for Motor Vehicle Idling. 

(a) No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor 

vehicle to idle for more than five consecutive minutes when the motor vehicle, as defined in 9 1 14.5 10 of 
this title (relating to Defmitions), is not in motion during the period of April I through October 3 1 of each 

calendar year. 

(b) No driver using the vehicle's sleeper berth may idle the vehicle: in a residential area as defined 

by Local Government Code, 5244.001, in a school zone, within 1,000 feet of a hospital, or within 1,000 

feet of a public school during its hours of operation. An offense under this subsection may be punishable 

by a fine not to exceed $500. This subsection expires September 1,2009. 

5114.517. Exemptions. 

The provisions of 5 1 14.5 12 of this 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 14,000 pounds or less and 

does not have a sleeper berth; 

(2) a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less, after 

September 1,2009; 

(3) a motor vehicle forced to remain motionless because of traffic conditions over which 

the operator has no control; 

(4) a motor vehicle being used by the United States military, national guard, or reserve 

forces, or as an emergency or law enforcement motor vehicle; 
(5) the primary propulsion engine of a motor vehicle providing a power source necessary 

for mechanical operation, other than propulsion, andlor passenger compartment heating, or air 

conditioning; 

(6) the primary propulsion engine of a motor vehicle being operated for maintenance or 

diagnostic purposes; 

(7) the primary propulsion engine of a motor vehicle being operated solely to defrost a 

windshield; 

(8) the primary propulsion engine of a motor vehicle that is being used to supply heat or 

air conditioning necessary for passenger comfort and safety in vehicles intended for commercial or public 

passenger transportation, or passenger transit operations, in which case idling up to a maximum of 30 

minutes is allowed; 

(9) the primary propulsion engine of a motor vehicle being used to provide air 

conditioning or heating necessary for employee health or safety while the employee is using the vehicle to 

perform an essential job function related to roadway construction or maintenance; 

(1 0) the primary propulsion engine of a motor vehicle being used as airport ground 

support equipment; 

(1 1) the owner of a motor vehicle rented or leased to a person that operates the vehicle and 

is not employed by the owner; or 
(12) 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. 
tod;rme Cast&&. CM-CleC ..-. ---., 

ORDER ADOPTING AMENDED RULl?kP94" h%r~~~~~~~

~*''~y 

REVISION TO THE STATE IMPLEMENTATION PLAN 

Docket No. 2007-099 1 -RUL 

On January 30,2008, the Texas Commission on Environmental Quality (Commission), during a public 

meeting, considered adoption of amended $8 114.5 12 and 114.517. The Commission adopts this amendment in 

Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor 

Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations; and corresponding revision the state 

implementation plan (SIP). The revision implements Senate Bill. 12, Article 4, 801h Legislature, 2007 which 

extends the prohibition on Commission adoption of certain idling restrictions, prohibits idling near hospitals and 

residential areas, and restricts idling of vehicles with sleeper berths within 2 miles of a vehicle heating and air 

conditioning hook-up facility. Under Tex. Health & Safety Code hf~. $ $ 382.0 1 1,382.0 12, and 382.023 

(Vernon 2001), the Commission has the authority to control the quality of the state's air and to issue orders . 

consistent with the policies and purposes of the Texas Clean Air Act, Chapter 382 of the Tex. Health & Safety 

Code. The proposed amendments were published for comment in the October 5,2007 issue of the Texas 

Register (32 TexReg 6992). 

Pursuant to Tex. Health & Safety Code h. $ 382.017 (Vernon 2001), Tex. Gov't Code Chapter 

2001 (Vernon 2000 & Vernon Supp. 2005), and 40 Code of Federal Regulations $ 51 .I02 and after proper 

notice, the Commission conducted a public hearing to consider the amendments and revision the SIP. Proper 

notice included prominent advertisement in the areas affected at least 30 days prior to the date of the hearing. 

A public hearing was held in Austin on October 22,2007. , 

The Commission circulated hearing notices of its intended action to the public, including interested 

persons, the Regional Administrator of the 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 of the proposed amended rules and SIP revision were available for public inspection at the 

Commission's central office and on the Commission's Web site. 

Data, views, and recommendations of interested persons regarding the proposed amended rules and 

SIP revision were submitted to the Commission during the comment period, and were considered by the 

Conlmission as reflected in the analysis of testimony incorporated by reference to this Order. The 

Coinnlission finds that the analysis of testimony includes the names of all interested groups or associations 

offering comment on the proP6sed amended rules and the SIP revision and their position concerning the same. 

IT IS THEREFORE ORDERED BY THE COMMISSION that the amended rules and revision to the 

SIP incorporated by reference to this Order are hereby adopted. The Comnlission further authorizes staff to 

make any non-substantive revisions to the rules necessary to con~ply with Texas Register requirements. The 
adopted rules and the preamble to the adopted rules and the revision to the SIP are incorporated by reference 

in this Order as if set forth at length verbatim in this.Order. 

IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Commission, the 

Cha'irinan should transmit a copy of this Order, together with the adopted rules and revision to the SIP, to the 

~e~ional Administrator of EPA as a proposed revision to the Texas SIP pursuant to tile Federal Clean Air Act, 

codified at 42 U.S. Code Ann. $$ 7410 - 7671 q, as amended. 

This Order constitutes the Order of the Collll~lission required by the Ad~ninistrative Procedure Act, 

Tex. Gov't Code, $2001.033 (Vernon 2000 & Vernon Supp. 2005). 

If any portion of this Order is for any reason held to be invalid by a court of conlpetent jurisdiction, 

the invalidity of any portion shall not affect the validity of the I-emaining portions. 

Date issued: FEB 0 5 2001 TEXAS COMMISSION ON 
ations Code, 5505.155, 

licies that clearly sepadirector and staff of the 

blish a specialty area 

to a licensed master 

by the board; and by 

ires the board to esuirements for license 

the adoption has been reviewed 

a valid exercise of the agency's 

legal authorii. 

Filed with the Office of the ~ebfy of State on Februafy I. 

22 TAC 8781.609 I 

TRD-200800577 

Jeannie McGuire, LBSW 

Chair 

Texas State Board of Social Workel 

Effective date: February 21, 2008 

Proposal publication date: Novembar 

For further information, please call: 

STATUTORY AUTHORITY I 

Examiners 

16, 2007 

(512) 458-7111 x6972 

The repeal is authorized by ions Code, 5505.155, which 

ures for recognition of indeCode, 5505.203, which auccupations Code, 5505.254, 

rules concerning an investioard; by Occupations Code, 

to establish a specialty area 

Occupations Code, 5505.4 ich requires the board to esholders. 

the adoption has been reviewed 

a valid exercise of the agency's 

legal authority. 

Filed with the Office of the Se 

2008. 

TRD-200800578 

Jeannie McGuire, LBSW 

Chair 

Texas State Board of Social Worke 

Effective date: February 21, 2008 

Proposal publication date: Noveml 

For further information. please call: 

etary of State on February 1, 

ixaminers 

TITLE 30. ENVIRONMENTAL QUALITY 

PART 1. TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY 

CHAPTER 1 14. CONTROL OF AIR 

POLLUTION FROM MOTOR VEHICLES 

SLTBCHAPTER J. OPERATIONAL CONTROLS 

FOR MOTOR VEHICLES 

DIVISION 2. LOCALLY ENFORCED MOTOR 

VEHICLE IDLING LIMITATIONS 

30 TAC Q114.512,8114.517 

The Texas Commission on Environmental Quality (commission 

or TCEQ) adopts amendments to 5114.512 and 5114.517 without changes to the 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 submitted to the United States 

Environmental Protection Agency (EPA) as a revision to the 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 AG 

tion 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 air quality standards (December 3,2004, 

issue of the Texas Register (29 TexReg 11355)). The rule package also provided local governments in other areas of the state 

the option of applying these rules in their areas when additional 

control measures were needed to achieve or maintain attainment 

of the federal eight-hour ozone standard in the future. 

The concept of an early, voluntaly 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 the flexibility afforded areas to select emission reduction measures such as limiting vehicle idling. On August I, 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 their jurisdictions. Members 

of the Austin EAC area signing the MOA included the counties 

ADOP 'TED RULES February 15,2008 33 TexReg 1345 
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 (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 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 motor vehicle idling rule (May 

12, 2006. issue of the Texas Register (31 TexReg 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 382, Subchap 

ter B, S382.0191, 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, "no driver using the vehicle's sleeper 

berth may idle the vehicle in a school zone or within 1,000 feet 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 

MOA with the commission to delegate enforcement to that local 

government. Local enforcement is crucial to the effective implementation of rules to reduce the extended idling of gasoline 

and diesel-powered heavyduty vehicles and will help to ensure 

the reduction in nitrogen oxides (Nod and volatile organic compound (VOC) emissions, which is needed by local governments 

to achieve or maintain attainment of the federal eight-hour ozone 

standard. These idling limits will lower NOx emissions and other 

pollutants from fuel combustion. Because NOx is a precursor to 

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 part amended THSC, 5382.01 91. 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 no federal regulations governing idle time for 

motor vehicles. 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 

51 14.512, Control Requirements for Motor Vehicle ldling 

The adopted amendment to 51 14.512(b), Control Requirements 

for Motor Vehicle Idling, prohibits idling by drivers using the vehicle's sleeper berth in residential areas as defined by Local Government Code, S244.001, or within 1,000 feet of a hospital. Additionally, the expiration of this subsection will be changed from 

September 1, 2007, to September 1, 2009. 

§ 11 4.51 7, Exemptions 

The adopted amendment to §114.517(1), Exemptions, will 

change the expiration date of these 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 5114.51 7(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 facillty offering external 

heating and air conditioning connections at a time when those 

connections are available. 

The amendments to S114.512 and §114.517 are adopted to ensure that the rules are consistent with the requirements set forth 

in SB 12. 

FINAL REGULATORY IMPACT ANALYSIS DETERMINATION 

The commission reviewed the adobted 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 adoption 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: I) 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 of the commission instead of under a 

specific state law. Specifically, the adoption will amend the rules 

that limit heavyduty 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 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 

33 TexReg 1346 February 15,2008 Texas Registe 
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 

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 not exceed the 

requirements of that 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 5382.012 and 5382.0191. 

Because this rulemaking does not meet any of the four applicability requirements, Texas Government Code, 52001.0225(b) 

does not apply, and a regulatory impact analysis is not required. 

The commission invited public comment regarding the draft regulatory impact analysis determination during the public comment 

period, but did not receive any comments during the public comment period. 

TAKINGS IMPACT ASSESSMENT 

Under Texas Government Code, 52007.002(5), "taking" means 

a governmental action that affects private real property, in whole 

or in part ortemporarily or permanently, in a manner that requires 

the governmental entity to compensate the private real property 

owner as provided by the Fifth and Fourteenth Amendments to 

the United States Constitution or517 or519, Article I, Texas Constitution; or a governmental 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 to the 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 of the property determined as if the governmental action is in effect. 

The commission completed a takings impact assessment for the 

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 or the Texas Constitution. The adopted rules 

will not affect private real property in a manner that restricts or 

limit an owner's right to the property that would otherwise exist in 

the absence of the government action. Therefore, the adopted 

rules will not cause a "taking" as defined under, Texas Government Code, 52007.002(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 Coordination Act Implementation Rules, 31 TAC 5505.11, that will affect 

an actionlauthoriiation identified in 5505.11, and therefore will 

require that applicable goals and policies of the Texas Coastal 

Management Program (CMP) be considered during the rulemaking process. 

The commission determined that under 31 TAC 5505.22, the 

adopted 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 5501.12(1)). No new sources of air contaminants will be authorized and ozone levels will be reduced as 

a result of the adopted rulemaking. The CMP policy applicable 

to this 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 5501.14(q)). 

This rulemaking action complies with 40 Code of Federal Regulations. Therefore, in compliance with 31 TAC 5505.22(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:OO 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 of the 

rulemaking. One individual submitted a written comment not directly related to the idling rulemaking. 

RESPONSE TO COMMENTS 

Support of Rule 

The City of Dallas commented that the city is in support of all 

changes proposed to Chapter 114 because they are of great importance in the effort to improve air quality. 

The commission appreciates the support for the changes in this 

rule. No changes were made as a result of this comment. 

Year Round Idling Restrictions Comment 

The City of Dallas commented that they are in support of yearround idling restrictions and asked if the 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 limitations will remain, as they currently 

exist for consistency with the SIP. 

Non-Idling Rule Comments 

An individual commented in favor of ending 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 under Texas Water Code (TWC), 

55.103, 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), 5382.017, which provides the commission 

with the authority to adopt rules consistent with the policy and 

ADOP TED RULES February 15,2008 33 TexReg 1347 
purposes of the TCAA. The amendments are adopted under 

TCAA, 5382.011, which authorizes the commission to control 

the quality of the state's air; 5382.012, which authorizes the 

commission to prepare and develop a general, comprehensive 

plan for the control of the state's air; 5382.019, which authorizes 

the commission to adopt rules to control and reduce emissions 

from engines used to propel land vehicles; 5382.0191, which 

authorizes use of a sleeping berth for a government-mandated 

rest period; and 5382.208, 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, 55.103, 

THSC, 55382.002, 382.011, 382.012, 382.017, 382.019, 

382.0191, and 382.208, and SB 12, Article 4, 80th Legislature, 

2007. 

This agency hereby certifies that the adoption has been reviewed 

by legal counsel and found to be a valid exercise of the 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 

For further information, please call: (512) 239-6091 

+ t + 

TITLE 31. RESOURCES AND 

PART 10. TEXAS 

DEVELOPMENT B 

CHAPTER 355. RESE RCH AND PLANNING 

FUND 

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 of the 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. S~G 

tions 355.5, 355.11 and 355.7 are adopted with changes and 

will be republished. 1 

The amendments to 55355.92, 55.93, 355.97, and 355.100, 

Subchapter C, Regional Water PI nning Grants, are adopted under the authority of Texas Wate Code 515.403, which directs 

the board to adopt rules to carry t Texas Water Code, Chapter 

15, under which the board provid s the funding for regional water plans; and Texas Water Cod 515.4061, which requires the 

board to adopt rules establishing riteria for eligibility for regional 

water planning money. I 

mental flows. 

The board received no commen on the proposed rules. 

SUBCHAPTER A. GEN RAL RESEARCH 

AND PLANNING 

31 TAC 55355.3,355.5,355.10 355.11 

The amendments to 55355.3, 3 5.5, 355.10 and 355.11 concerning Subchapter A, General Research and Planning, are 

adopted under the authority o Texas Water Code S15.403 

which requires the board to adop rules to cany out Water Code 

Chapter 15. 1 

$355.5. Criteria. 

administrator, consid- 

(1) Research project ev uation criteria for unsolicited applications: 

(A) relationship of p ject to current needs for water resource research; t 

(B) description of th proposed research project; t 

(C) approach to org king and managing the research 

project; 

@) estimated time quired to complete the research 

project; 

(E) ability to perfo the research and complete the 

project; 

(F) potential econo I ic impact; and 

pact. 

cations: 

(A) description oft proposed research project; 11 

application to the request for 

(C) approach to org managing the research 

project; 

(D) estimated time complete the research 

project; and 

33 TexReg 1348 February 15,2008 Texas Register