Inspection and Maintenance (I&M) Plan and Vehicle Idling 

Rule Revisions 

Technical Support Document 

Docket ID EPA-R06-OAR-2010-0890 

2002-2012 Texas SIP Revisions 

30 TAC Chapter 114: Control of Air Pollution from Motor Vehicles

March 26, 2014 

U.S. EPA Region 6, Air Planning Section 
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Table of Contents 

A. Introduction and Background 

B. Legal Authority 

C. The TCEQ Submittals and EPA’s Evaluation and Recommendations 

1. The August 16, 2002 Submittal 

2. The December 30, 2002 Submittal (partially withdrawn) 

3. The November 14, 2005 Submittal 

4. The December 22, 2010 Submittal 

5. The August 30, 2011 Submittal (and discussion of May 15, 2006 and February 28, 2008 

submittals) 

6. The August 31, 2012 Submittal 

D. References 
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A: Introduction and Background 

Introduction 

In this technical support document (TSD) the EPA is evaluating six submittals provided by the 

Texas Commission on Environmental Quality (TCEQ), all of which would revise portions of the Texas 

State Implementation Plan (SIP). The revisions address Title 30 of the Texas Administrative Code, 

Chapter 114 (denoted 30 TAC 114), which provides for Control of Air Pollution from Motor Vehicles, 

and corresponding revisions to the Texas vehicle inspection and maintenance (I/M) program and 

Vehicle Idling program. More detail on these submittals and our evaluations are provided in sections C1 

through C6 of this TSD. Throughout this document, “we,” “us,” and “our” means the EPA. 

Section B of this TSD discusses the legal authority and process under which the TCEQ 

submitted each of the SIP revisions under review here. Copies of the TCEQ’s submittals are in the 

docket for this rulemaking. 

Sections C1 through C6 of this TSD contains a description of each submittal, followed by our 

evaluation and recommendation for action. The full and complete submittals can be found in Docket 

Identification No. EPA-R06-OAR-2010-0890. All documents in the docket are listed in the 

www.regulations.gov index. What is shown in Sections C1 through C6 of this TSD are the actual 

proposed revisions to the rule language for each submittal – underlines for new text and bracketed 

strikeout for deletions of text, as published in the Texas Register. 

Section D of this TSD is a list of the guidance documents we reference here. Copies of these 

guidance documents are in the docket for this rulemaking. 

Background 

Vehicle Inspection & Maintenance 

The Texas vehicle inspection and maintenance program, dubbed the Texas Motorist Choice 

(TMC) Program, was approved by EPA in a Federal Register on November 14, 2001 (66 FR 57261). 

 The State’s TMC program requires that gasoline powered light-duty vehicles, and light and 

heavy-duty trucks between two and twenty-four years old, that are registered or required to be registered 

in the I/M program area, including fleets, are subject to annual inspection and testing. Vehicles in 

Dallas, Tarrant, Collin, Denton, Ellis, Johnson, Kaufman, Parker, and Rockwall counties in the DFW 

area, and Harris, Galveston, Brazoria, Fort Bend, and Montgomery in the HGB nonattainment area1 that 

                                                           

1 EPA’s November 14, 2001 approval also required implementation of the I/M program in Liberty, Waller, and Chambers 

counties as part of the HGB nonattainment area. However, EPA approved the removal of the I/M program in Liberty, 

Waller, and Chambers counties in 2006 because the small amount of emission reductions resulting from implementation of 

I/M in these three rural counties was not expected to advance attainment. 71 FR 52670, at 52674. 
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are 1995 and older are subject to an ASM-2 tailpipe test. Vehicles in those counties that are 1996 and 

newer receive the On-Board Diagnostic (OBD) test in place of the tailpipe test. 

The November 14, 2001 approval (see 66 FR 57261) states that vehicles in El Paso County were 

subject to the two-speed idle tailpipe test if they are model year 1995 or older, or an OBD test if they are 

model year 1996 or newer. The adopted rules said that El Paso would implement OBD testing on May 1, 

2002. At that time we expected an attainment demonstration, a redesignation request and maintenance 

plan for El Paso. On October 11, 2002, we had discussions with OTAQ and OGC about the requirement 

to implement OBD in El Paso. The issue then was could we approve attainment demonstrations and redesignation requests if all rules were on the books, but not yet implemented. The answer was, yes, the 

approvals could proceed because the rules were on the books. The Region planned to propose approval 

of the attainment demonstration, redesignation request, and I/M rules at the same time. While we waited 

for the State to submit the attainment demonstration, the re-designation request, and maintenance plan, 

on October 8, 2003, the State adopted rules that would make OBD testing a contingency measure in the 

maintenance plan for El Paso to maintain attainment of the national ambient air quality standards 

(NAAQS) in the El Paso area. These rules were not acted upon by EPA then because we needed the 

corresponding maintenance plan. The attainment demonstration and maintenance plan were approved by 

EPA on August 4, 2008 (see 73 FR 45162). The most recent OBD rules for El Paso require that OBD 

testing be the “emissions” test for all 1996 and newer gasoline vehicles. TCEQ withdrew the SIP 

revision making OBD a contingency measure on January 20, 2006. 

 Vehicles in all area programs are currently subject to a gas cap pressure check and an antitampering inspection as part of the statewide annual safety inspection. 

 The last approval to I/M rules was on September 6, 2006 (71 FR 52670). The SIP revisions to the 

Texas I/M program considered here in detail in Section C2 through C7 of this TSD were submitted to 

EPA on August 16, 2002, December 30, 2002 (officially withdrawn by TCEQ in a letter to EPA dated 

January 20, 2006), November 14, 2005, May 15, 2006, February 28, 2008, December 22, 2010, August 

30, 2011, and August 31, 2012. 

 Appendices from previous SIP submittals that were not annotated in the Incorporation By 

Reference (IBR) Tables in the Code of Federal Regulations at 40 CFR 52.2270(c) at the time of their 

approvals are also discussed in this TSD. 

Locally Enforced Motor Vehicle Idling Limitations 

The Locally Enforced Motor Vehicle Idling Limitations are found in 30 TAC Chapter 114, 

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

Division 2, Locally Enforced Motor Vehicle Idling Limitations. The rule allows local governments to 

voluntarily enter into an agreement with the State to enforce vehicle idling restrictions on certain motor 

vehicles within their jurisdiction, with some exemptions. The rule can be implemented within the 

jurisdiction of any local government in the State that has signed a Memorandum of Agreement (MOA) 
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with the TCEQ. The local government that signs the MOA is delegated the authority to enforce the rule 

within its jurisdiction. Participation in the vehicle idling program is voluntary and thus far, numerous 

cities and counties in the Central Texas Area (CTA) and North Central Texas Area (NCTA) have 

adopted these regulations.2 The vehicle idling program provides local governments the option of 

implementing the rules when additional control measures are needed to achieve or maintain attainment 

of the ozone NAAQS. The EPA approved the Locally Enforced Motor Vehicle Idling Limitations into 

the SIP on April 11, 2005 (70 FR 18308), and revisions to the rule were adopted by the State in 2006 

and 2008, and approved by EPA on April 9, 2010 (75 FR 18061). Subsequent revisions to the Locally 

Enforced Motor Vehicle Idling Limitations were adopted by the State on July 20, 2011, and August 8, 

2012. These revisions were submitted to EPA for approval into the SIP on August 30, 2011, and August 

31, 2012. 

B. Legal Authority 

The Texas Health and Safety Code (THSC) and the Texas Water Code (TWC) provide various 

statutory authorities to the TCEQ. Under the TWC, Chapter 5, section 102 (denoted §5.102) provides 

the commission with the general powers to carry out its duties; §5.103 requires the commission to adopt 

any rules necessary to carry out the powers and duties under the provisions of the TWC and other laws 

of the state; and §5.105 requires the commission by rule to establish and approve all general policy of 

the commission. Under the THSC, Chapter 382 (Clean Air Act), §382.002 establishes the commission's 

purpose to safeguard the state's air resources, consistent with the protection of public health, general 

welfare, and physical property; §382.011 requires the commission to establish the level of quality to be 

maintained in the state's air and to control the quality of the state's air; §382.012 requires the 

commission to prepare and develop a general, comprehensive plan for the control of the state's air; 

§382.017 authorizes the commission to adopt rules consistent with the policy and purposes of the Texas 

Clean Air Act; §382.019 authorizes the commission to adopt rules to control and reduce emissions from 

engines used to propel land vehicles; §382.023 authorizes the commission to issue orders and make 

determinations as necessary to carry out the purpose of this chapter; Chapter 386 establishes the Texas 

Emission Reduction Plan (TERP) program; and Chapter 392 establishes the Texas Clean Fleet Program 

(as added by Texas Senate Bill (SB) 1759 of the 81st Legislature, 2009. 

We are evaluating eight Texas SIP revisions (as shown in Table 1 below), which we distinguish 

by the dates they were submitted to us: August 16, 2002; December 30, 2002 (officially withdrawn); 

November 14, 2005; May 15, 2006 (partial review); February 28, 2008 (partial review); December 22, 

2010; August 30, 2011 and August 31, 2012. 

Notice of the proposed revisions to the SIP for the August 16, 2002 submittal was published in 

the August 24, 2001 issue of the Texas Register (26 TexReg 6247); notice of the proposed revisions to 

                                                           

2 For a current list of areas implementing idling restrictions in the NCTA, visit 

http://www.nctcog.org/trans/air/programs/idling/index.asp. For a current list of areas implementing idling restrictions in the 

CTA, visit http://www.tceq.state.tx.us/implementation/air/sip/vehicleidling.html. 
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the SIP for the December 30, 2002 submittal was published in the September 27, 2002 issue of the 

Texas Register (27 TexReg 9101); notice of the proposed revisions to the SIP for the November 14, 

2005 submittal was published in the July 1, 2005 issue of the Texas Register (30 TexReg 3817); notice 

of the proposed revisions to the SIP for the December 22, 2010 submittal was published in the July 2, 

2010 issue of the Texas Register (35 TexReg 5718); notice of the proposed revisions to the SIP for the 

August 30, 2011 submittal was published in the February 11, 2011 issue of the Texas Register (36 

TexReg 708), and notice of the proposed revisions to the SIP for the August 31, 2012 submittal was 

published in the March 9, 2012 issue of the Texas Register (37 TexReg 1656). 

TABLE 1 

Texas SIP Submittals 

Submittal Date Texas Register (TexReg) Publication Date (Issue) 

August 16, 2002 August 24, 2001 (26 TexReg 6247) 

December 30, 2002 September 27, 2002 (27 TexReg 9101) – partially withdrawn 

November 14, 2005 July 1, 2005 (30 TexReg 3817) 

December 22, 2010 July 2, 2010 (35 TexReg 5718) 

August 30, 2011 February 11, 2011 (36 TexReg 708) 

August 31, 2012 March 9, 2012 (37 TexReg 1656) 

More detail and our evaluations for each of these submittals are provided in Sections C1 through 

C6 of this TSD as shown below. 

C. The TCEQ Submittal and EPA’s Evaluation and Recommendation 

This section (C1 through C6) of the TSD provides our technical review of the SIP revisions identified 

above, which the TCEQ submitted to address various changes to Title 30 of the Texas Administrative 

Code, Chapter 114, Control of Air Pollution from Motor Vehicles. Our review includes a detailed 

evaluation of the specific rule changes as published in the Texas Register. 
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Section C1: August 16, 2002 Submittal 

(Proposed rule language as published in the Texas Register is shown below)
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EPA Analysis of 8/16/2002 Submittal: 

The EPA provided comments on the proposed rule revisions on September 19, 2001. A copy of the 

comment letter is in Docket ID EPA-R06-OAR-2011-0762. In general, we supported the rule revisions 

and provided some comments. We supported the provision for test-on-resale in §114.50(7). This 

provision will help protect consumers as well as prevent high emitting vehicles from being registered in 

the nonattainment and extended I/M program areas. 

We questioned the rationale for deleting the sentence “If OBD data cannot be collected from the vehicle, 

an EPA-approved tail-pipe emissions test will be used.” TCEQ responded that EPA's final rule for OBD 

implementation found in 40 CFR, Parts 51 and 85, Section IV Subsection H, states that “the use of the 

OBD-I/M check exclusively for [model year] 1996 and newer vehicles is an acceptable means of 

evaluating this segment of the vehicle fleet and that use of back-up tailpipe testing has limited 

applicability.” Additionally, TCEQ responded that EPA's final rule for implementation allows the use 

of the OBD-I/M check exclusively for model year 1996 and newer vehicles and gives states discretion 

on back-up tests for vehicles that cannot be tested using OBD. Finally, TCEQ estimated that less than 

1.0% of the testable OBD fleet will be unable to process data to the OBD analyzer. 

We supported the language changes in §114.51 to update the rule to be consistent with program 

equipment changes. We agreed that the Waiver and Extension for Inspection Requirements (§114.52) 

can be repealed from 30 TAC 114. However we commented that we did not believe low mileage 

waivers would be an adequate substitute for a minimum expenditure waiver. TCEQ responded that the 

low mileage vehicle waiver and the removal of the minimum expenditure waiver are required by HB 

2134. TCEQ further explained that the overall waiver rate for the testing program in the year 2000 has 

not exceeded 0.13%, which is well below the 3% waiver rate used in EPA's MOBILE model. Vehicles 

that do not comply with the program and do not receive a waiver are subject to a Class C misdemeanor 

punishable by a fine not to exceed $500. The owner will be subject to an additional citation every time 

the vehicle is driven. With the establishment of LIRAP, the commission does not believe that the overall 

waiver rate will exceed 3%; therefore, it is unlikely that credits generated by the I/M program will be 

reduced. Additionally, The TCEQ repealed the current §114.52, Waivers and Extensions for Inspection 

Requirements, with this adoption because this rule is duplicative of DPS waiver rules in 37 TAC §23.93. 

In our comment letter, we requested that DPS submit the entire set of waiver rules in 37 TAC §23.93 to 

replace 30 TAC §114.52 in the SIP. EPA stated that the rules must be submitted as a SIP revision. 

TCEQ responded that it expects DPS to revise this rule in an upcoming rulemaking to implement 

requirements of HB 2134. Once adopted, the TCEQ will submit the DPS rules as a SIP revision. The 

State submitted the DPS waiver rules rules as Appendix I of the November 14, 2005 submittal. Please 

see the discussion in Section C3 of this TSD. 

We also supported an early incentive program for ASM implementation in the new §114.52. However, 

we expressed concern about the funding for the $675 a month that would be paid to station owners who 

chose to opt-in to the program early in the event that the ASM-2 program is halted. TCEQ responded 

that it believes that there will be continuing revenues should ASM-2 testing be terminated. OBD testing, 
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which is a federal requirement, will continue and stations will continue to generate revenue from this 

equipment. Beginning in 2002, OBD compliant vehicles will account for approximately 43% of the 

vehicle fleet in the HGB and DFW areas. In 2007, OBD compliant vehicles will account for 

approximately 77% of the vehicle fleet in HGB and DFW areas. 

In addition, we supported the change in fee structure in §114.53 to fund the Low Income Repair 

Assistance Program. We asked for clarification concerning TCEQ’s fiscal statement that “In order to 

pass an emissions test, an owner or operator of an affected vehicle would have to pay $14. . . in El Paso . 

. . .” because as written, it implies an owner can pay for a passing test. TCEQ clarified that the owner or 

operator of an affected vehicle will have to pay a $14 emissions test fee in El Paso, not for a passing test. 

EPA also asked for clarification concerning TCEQ’s fiscal statement that businesses that currently 

conduct emission testing would need to purchase new or upgraded equipment, or apply for authorization 

to conduct OBD tests only. TCEQ agreed with the EPA that individuals and businesses that currently 

conduct emissions testing or are interested in conducting ASM-2 and OBD testing will either have to 

purchase new or upgrade existing equipment. Stations interested in conducting OBD-only testing must 

petition DPS to be classified as a low volume emissions inspection station and will have to purchase 

stand-alone OBD testing equipment. 

114.2 Inspection and Maintenance (I&M) Definitions

114.2(3)-(13) are renumbered to account for the addition of 114.2(3) which adds a definition for low 

volume emissions inspection station. 

There is no federal definition of the term “low volume emissions inspection station.” We find this term 

approvable because it does not conflict with any federal requirements. 

114.2(5), previously 114.2(4), is modified to add new text “All references to OBD should be interpreted 

to mean the second generation of this equipment, sometime referred to as OBDII.” This ensures that the 

most recent technology is available for testing and consistent with federal requirements. 

All the above are ministerial and/or add clarification and are therefore approvable. 

114.50 Vehicle Emissions Inspection Requirements

114.50(a)(2)(A), (a)(3)(A), (a)(4)(A), (a)(4)(D), (a)(4)(F), and (a)(5)(A) are modified to delete the 

qualifier “If OBD data cannot be collected from the vehicle, an EPA-approved tailpipe emissions test 

will be used.” These provisions apply to the DFW area, DFW extended area the HGA area, and the El 

Paso area. Throughout §114.50, that statement is deleted because it is rare that OBD data cannot be 

collected from vehicles. In those instances, the station will check the OBD malfunction indicator light 

(MIL), one of the primary pass/fail criteria for OBD inspections. This provision is discretionary and its 

removal will not have a significant impact on the effectiveness of the program because TCEQ estimates 

that less than 1.0% of the testable OBD fleet will be unable to process data to the OBD analyzer. This 
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revision is approvable because it will not interfere with attainment and reasonable further progress or 

any other applicable requirement in accordance with CCA §110(l). 

114.50(a)(2)(C), 114.50(a)(3)(C) and 114.50(a)(4)(C) add new text as shown above indicating that all 

emissions inspection stations in affected program areas shall offer both the ASM-2 test and the OBD test 

to the public, except low volume emissions inspection stations. The provision further states that if an 

owner or operator wishes to have his or her station classified as a low volume emissions inspection 

station, they must petition the DPS in accordance with DPS requirements. We find these provisions 

approvable because the language does not conflict with any federal requirements. 

114.50(a)(5)(C) is new text stating the “all vehicle emissions inspection stations in the El Paso program 

area shall offer both the TSI test and the OBD test to the public.” This is approvable and meets the 

federal requirements contained in 40 CFR Part 51, Subpart S and 40 CFR 85.2222, which requires OBD 

testing on model year 1996 and newer light-duty vehicles according to the procedures in 40 CFR 

85.2222. 

114.50(b)(5) is modified as shown in the above submittal to delete the minimum expenditure waiver and 

parts availability time extension and add the requirement for a Vehicle Repair Form (VRF) or 

documentation as deemed necessary by DPS in order to receive a waiver or time extension. This adds 

clarity to the I/M program and is approvable. 

114.50(b)(6) is modified to add the phrase “or in any county adjacent to a program area” to the section. 

The proposed revision extends the current remote sensing program to include cars commuting into the 

area from neighboring counties. This proposed revision was required by HB 2134 and is also 

approvable by EPA because it increases required participation in the program beyond the federal 

requirements. 

114.50(b)(7) is a new section adding new requirements for vehicles resold into a program area from 

areas not in an I&M program area. The revision adds a test-on-resale component to the I/M program as 

required by HB 2134 and requires proof that the vehicle has passed an emissions inspection within 90 

days before transfer in order to be eligible for title receipt or registration. The provision provides an 

exception for all 1996 and newer vehicles with less than 50,000 miles. This new requirement is 

approvable because it enhances the SIP and captures the requirement to test those vehicles that are 

registered in a county without the I/M program that may be resold into a program area. 

114.50 – other changes to the section are ministerial in nature and include renumbering and are 

approvable. 

The revisions above are consistent with the public noticing plan revision requirements of Clean Air Act 

§110(l), and do not interfere with any applicable requirement concerning attainment and reasonable 

further progress, or any other applicable requirement. 
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114.51 Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers

114.51(a) is modified to update the applicable vehicle analyzer specification criteria and date from 

November 1, 2000 to June 15, 2001. Other changes are ministerial in nature. This revision is approvable 

because it updates the requirements for approval for vehicle testing equipment. 

114.52 Early Participation Incentive Program

115.52(a)-(g) are new sections outlining the Early Participation Incentive Program purpose, eligibility, 

program acceptance, enrollment and other program requirements. 

The section was repealed by TCEQ in a future adoption (November 18, 2010 adoption date – see the 

analysis of the December 22, 2010 Submittal in Section C6 of this TSD). 

114.53 Inspection and Maintenance Fees

114.53(a)(2) is modified to change the amount of fees collected by the inspection stations in El Paso 

County and specifies the amount remitted to DPS, depending on the county adoption of a resolution 

regarding LIRAP participation. 

114.53(a)(3) is modified to update the amount of fees collected by the inspection stations in the 

Dallas/Ft Worth (DFW) Program area. 

114.53(a)(4) is modified to update the amount of fees collected by the inspection stations in the 

Houston/Galveston program area. 

These revisions add specificity to the requirements for the fee program, are not backsliding in nature, are 

consistent with the attainment plan and are all approvable. 

Recommendation: 

We recommend approval of the above I/M SIP revisions. 
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Section C2: December 30, 2002 Submittal: Submittal is Withdrawn on January 20, 2006. 

(Proposed rule language as published in the Texas Register is shown below) 
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EPA Analysis of December 30, 2002 Submittal: 

We provided comments on this proposed rule revision on October 16, 2002 (a copy of this letter is in the 

Docket). EPA stated that we were pleased that El Paso has been able to achieve the clean air data 

necessary for redesignation to attainment for both carbon monoxide and ozone. Additionally, we stated 

that for us to be able to approve this El Paso OBD rule revision, the redesignation request and 

maintenance plan must be approved at the same time or in advance of the OBD action. On July 19, 

2005, EPA requested that TCEQ withdraw the December 30, 2002 submittal that moved OBD testing to 

a contingency measure. On January 20, 2006, TCEQ requested that the changes proposed in 2002 be 

removed from consideration for approval into the El Paso I/M program (a copy of this letter is in the 

Docket). Therefore, EPA is not taking action on the revisions for 114.50(a)(5)(A) and 114.50(a)(5)(B) in 

the submittal from December 30, 2002 (as shown above) since those revisions were officially 

withdrawn. EPA approved the re-designation request and maintenance plan request on March 16, 2009 

(see 74 FR 2387). EPA is taking action on the remaining revisions to the submittal as follows: 

114.50 Vehicle Emissions Inspection Requirements

114.50(a) – this section is revised to clarify that program areas are defined in section §114.2. 

114.50(a)(4)(H) is revised to correct a typographical correction from (F)-(G) to “(F) and (G).” 

114.50(5)(C) – this section is not needed and deleted based upon the revisions to §114.50(5)(B). 

114.50(b) – changes to this section are ministerial and or offer clarifying language and are approvable as 

shown below: 

114.50(b)(1)(B) – the term “inspection and maintenance” is replaced with “I/M” 

114.50(b)(2) – Federal Clean Air Act is replaced with “FCAA” and “§§7401 et. seq.” is added for 

clarification. 

114.50(b)(5) – the term “Vehicle Repair Form” is replaced with non-capitalized “vehicle repair form” 

114.50(b)(7) – as shown above, the phrase “Article 4413(36),§1.03, (moved to Texas Occupations Code, 

§2301.002, effective June 1, 2003)” is added to the section for clarification and is approvable. 

Recommendation: 

We find that the above I/M SIP revisions are approvable as they are non-substantive in nature. 
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Section C3: November 14, 2005 Submittal 

(Proposed rule language as published in the Texas Register is shown below) 
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Proposed Rules July 1, 2005 30 TexReg 3821
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EPA Analysis of November 14, 2005 Submittal:

Chapter 114 (Reg 4) - Control of Air Pollution from Motor Vehicles 

Subchapter A- Definitions 

Section 114.2. Inspection and Maintenance (I/M) Definitions 

The November 14, 2005 revision adds “...and Early Action Compact Counties” to the introductory 

paragraph of this section. A definition of Controller area network (CAN) is added to this section as 

definition (3). The subsequent definitions are renumbered as a result. Several minor formatting edits to 

other definitions also occur, replacing slashes (/) with dashes (-) in nonattainment area names. These 

changes are all ministerial in nature and are therefore approvable. 

SUBCHAPTER C: VEHICLE INSPECTION AND MAINTENANCE 

Section 114.50, Vehicle Emissions Inspection Requirements

114.50(a)

Changes are editorial and non-substantive. 

114.50(a)(1)

Existing 114.50(a)(1) is deleted because the date is past. The subsequent items are renumbered 

consecutively (a)(1)-(4). This change in format is ministerial and therefore approvable. Revises 

requirement to state requirements are for all registered and primarily operated vehicles in Dallas-Fort 

Worth. 

114.50(a)(2)

Changes include re-numbering and minor editorial changes. 

114.50(a)(3)

This revision changes the program area from Houston/Galveston (HGA) to Houston-Galveston-Brazoria 

(HGB). This revision and is approvable. 

114.50(a)(2)(B), (a)(3)(B), and (a)(3)(E)

These revisions remove the phrase “that meets SIP emission reduction requirements and is.” 

The language is unnecessary and redundant as a vehicle emissions test approved by EPA meets SIP 

emission reduction requirements. Therefore, removing this language clarifies program requirements and 

is approvable. 
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114.50(a)(4)

114.50(a)(4) now sets out the schedule and test methods to be used in El Paso. Whereas the proposal 

contained a May 1, 2006 start date for OBD testing for 1996 and newer vehicles, the adopted rules have 

a January 1, 2007 start date for this change in the testing program. The State made this change in 

response to comments from the inspection industry. Pre-1996 vehicles will continue to receive the TwoSpeed Idle test. EPA did not comment on the start date. The State changed the date, but requires that 

OBD testing must start on January 1, 2007 with no transition period. Stations not equipped for OBD 

testing on that date will not be allowed to test OBD vehicles using TSI. Because this implementation 

appears to be as expeditious as possible, we find this provision to be approvable as adopted. This 

section also contains minor edits that are approvable. This revision supersedes the revision to 

114.50(a)(5) submitted on December 30, 2002. See that discussion immediately below. 

114.50(a)(5)

The section is renumbered to 114.50(a)(4) and outlines the requirements for the El Paso program area. 

114.50(b)

In subsection 114.50(b)(2) there are several non-substantive editorial changes. This subsection 

generally requires federal agencies to comply with the I/M requirements. This subsection is not part of 

the approved SIP, and the submittal deletes the reference to “contained in the Texas I/M SIP” for 

clarification. Therefore, we are not acting on this revision. 

114.50(b)(5)

This minor grammatical revision adds the words “whose vehicle” for clarification. 

114.50(b)(6)

This minor grammatical revision replaces HGA with HGB and adds “whose vehicle” for clarification. 

In 114.50 (b)(6)(B) clarity is added by specifying where in the Texas I/M rules the requirements to 

satisfy inspections, extensions, and waivers are found. 

114.50(b)(7)

Revisions in (b)(7) and (b)(8) make minor grammatical corrections. 

114.50(c)

A formatting change is the only revision to subsection (c). 

114.50(d)

In (d)(1) the phrase “and procedures contained in the I/M SIP” is deleted. This is redundant language 

covered in “I/M requirements.” 
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In (d)(2) under prohibitions, committing an offense specified in Texas Transportation Code 548.603 that 

relates to fictitious or counterfeit inspection certificates (stickers) or insurance documents is added. 

This improves the SIP, so it is approvable. 

Section 114.51, Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers.

114.51(a)

The November 14, 2005 revision updates the specifications for the gas analyzer systems in 114.51(a), 

showing a new effective date. 

114.51(b)

No change. 

114.51(c)

This minor grammatical revision changes “which” to “that.” 

114.51(e)

A few minor edits also included in this section. For example, the acronym TCAA is spelled out. All are 

ministerial in nature and approvable. 

Section 114.53, Inspection and Maintenance Fees.

114.53(a)(1)

This provision pertaining to fees charged for two-speed idle tests is removed because it pertains to the 

two-speed idle test method, which is no longer the required test method in Dallas, Tarrant and Harris 

Counties and has been replaced by the OBD test method. The subsequent paragraphs are renumbered 

(a)(1)-(3). See the evolution of those paragraphs below. 

114.53(a)(2)

This paragraph is renumbered to (a)(1). The November 14, 2005 revision proposes a fee increase to $16 

from $14 for El Paso County if the El Paso County Commission adopts a resolution to participate in the 

Low Income Repair Assistance Program. Minor edits are also included. These changes are approvable. 

This paragraph is renumbered to (a)(2). References to test methods in the DFW area are updated. 

114.53(a)(3)

This paragraph is renumbered to (a)(3). References to test methods in the HGB area are updated. 

114.53(a)(4)

This paragraph is renumbered to (a)(3). References to test methods in the HGB area are updated. 
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SIP Narrative

Corresponding changes to the SIP narrative are included in the SIP submittal. This includes Attachment 

A, “Technical Supplement. Inspection/Maintenance (I/M) Performance Standards for Low-Enhanced 

Program Areas (EPA Flexibility Amendments). October 26, 2005. Rule Project No. 2005-026-114-EN. 

Technical Supplement.” 

The appendices from the SIP revisions discussed above are also included in this rulemaking for 

proposed approval. They are shown in Table 1. 

Table 1. Appendices proposed for approval 

Appendix - 

status 

Title 

A 

Submitted 3/14/1996 

Federal Register Part VII, U.S.EPA. 40 CFR Part 

51, Inspection/Maintenance Program Requirements; 

Final Rule, dated November 5, 1992 and Flexibility 

Amendments, dated September 18, 1995. 

B 

Submitted 11/14/05 

Texas Health and Safety Code, 

Subtitle C, Air Quality, 

Revised 78th Legislature, 

2003. 

C 

Submitted 8/16/02 

HB 2134 by 77th Legislature amendment to the TX 

Health and Safety Code. Chapter 382, H&SC, Code 

was amended by adding SubChapter G, and 382.037 

to 382.039 H&SC, were transferred to new 

SubSection. G, and renumbered as 382.202 – 

382.208. 

D 

Submitted 8/16/02 

TCEQ Reg., 30 TAC Cha. 114, Control of Air 

Pollution From Motor Vehicles, Adopted. 

E 

Submitted 11/14/05 

TCEQ Appropriations for FY 

2004 and 2005. Texas 

Department of Public Safety, 

Appropriations for FY 2004 

and 2005. STATE OF 

TEXAS, Text of Conference 

Committee Report, HB No. 1 
Page 27

(General Appropriations Act). 

78th Legislature, Regular 

Session. 

F 

Submitted 8/16/02 

TNRCC, "Request for Offer for the Design, 

Construction and Operation of the Texas 

Information Management 

System (TIMS) for the State of Texas," dated June 

22, 2001. 

G 

Submitted 11/14/05 

Reserved in the 

12/22/10 submittal 

TCEQ, "Specifications for 

Vehicle Gas Analyzer Systems 

for Use in the Texas Vehicle 

Emissions Testing Program," 

dated May 1, 2005. 

Moved o Chapter 8 in 12/22/10

H 

Submitted 3/14/1996 Texas Transportation Code 547.604 and 547.605, 

and Chapter 548 Compulsory Inspection of 

Vehicles. 

I 

Submitted 11/14/05 

Rules and Regulations for 

Official Vehicle Inspection 

Stations and Certified 

Inspectors. Texas Department 

of Public Safety, dated January 

1, 2003. 

J 

Submitted 11/14/05 

Texas Department of 

Transportation, Vehicle Titles 

and Registration Division 

"2000 Summer Research 

Project Parking Lot Survey 

Report," dated March 2003. 

K Submitted 11/14/05 

Reserved in the 

TCEQ, "Specifications for OnBoard Diagnostics II (OBD-II) 

Analyzer for Use in the Texas 

Vehicle Emissions Testing 

Program," dated May 1, 2005. 
Page 28

12/22/10 submittal *Moved to Chapter 8 in 12/22/2010 

L 

Submitted 5/29/97 

TNRCC and Texas Department of Public Safety 

"Memorandum of Understanding," dated January 

22, 1997. 

Recommendation

All appendices remain unchanged except for Appendix G, I and Appendix K. In a future submittal 

(December 22, 2010, see Section C6 of this TSD), Appendix G is reserved and the content is partially 

moved to Chapter 8: Test Procedures, Standards, and Test Equipment of the Texas Water Code. Also, 

Appendix K is reserved in the December 22, 2010 submittal, as the requirements were duplicated in the 

“Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle Emissions 

Testing Program.” 

Appendix I includes the DPS waiver rules that were contained in Section 114.52 and discussed in 

Section C1 of this TSD. The rules contain the waiver and extensions for inspection requirements that 

were repealed in 2002. EPA stated it would approve the repeal contingent upon the DPS rules being 

submitted as a SIP revision. The State repealed those requirements because they are duplicative of those 

contained in DPS rules 37 TAC §23.93. This submittal contains the revised Appendix I which contains 

the waivers rules. A copy of the rules in 37 TAC §23.52 can be found in the docket for this rulemaking. 

The DPS rules fully replace the waiver requirements that TCEQ repealed from 114.52 in the August 16, 

2002 submittal. On January 22, 2014, TCEQ provided the DPS rules dated January 1, 2003 as 

supplemental information indicating that they should have been included with Appendix I. The rules are 

also available in the docket for this rulemaking. Therefore, we recommend approval of the above I/M 

SIP revisions, including the DPS rules, except for any provisions that were superseded as noted above in 

a section discussion. 
Page 29

Section C4: December 22, 2010 Submittal 

(Proposed rule language as published in the Texas Register is shown below)
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EPA Analysis of December 22, 2010 Submittal: 

SUBCHAPTER A. DEFINITIONS 

114.2 Inspection and Maintenance Definitions

114.2(4) - As shown above, the revision to Section 114.2(4) changes the definition of low-volume 

emission inspection station to add the condition that the station “meets all criteria for obtaining a lowvolume waiver from the Texas Department of Public Safety” and deletes the text “performs on-board 

diagnostics (OBD) testing only and does not exceed 1,200 OBD tests per calendar year.” 

The deleted text helps to clarify the definition of low-emission inspection station by removing the limit 

on tests per calendar year. Initially, TCEQ wanted to ensure that an adequate number of stations were 

available to provide both ASM and OBD inspections at the start of the revised I/M program in the DFW 

and HGB areas. This limit on test per calendar year is contained in the Department of Public Safety 

Manual entitled “Vehicle Emissions Inspection & Maintenance Rules & Regulations Manual For 

Official Vehicle Inspection Stations and Certified Inspectors.” The manual is available at 

http://www.txdps.state.tx.us/InternetForms/Forms/VI-51.pdf. This revision does not relax the 

requirement and is therefore approvable. 

114.2(10)(A) – the listing of counties remains the same, however, the revision changed the order of 

listing for Collin county. This is a minor non-substantive change. 

SUBCHAPTER C. VEHICLE INSPECTION AND MAINTENANCE; LOW INCOME 

VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE 

RETIREMENT PROGRAM; AND EARLY ACTION COMPACT COUNTIES 

DIVISION 1. VEHICLE INSPECTION AND MAINTENANCE 

114.51 Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers

114.51(a) – the revision removes the specific date of the version of the “Specifications for Vehicle 

Exhaust Gas Analyzer Systems for Use in the Texas Vehicle Emissions Testing Program” and replaces 

it with “most recent version of the.” Other changes include referencing the web address where the 

document can be found. 

114.51(b) – the revisions changes the terms from “shall” to “must.” These terms essentially have the 

same legal implication. Therefore the revision is approvable. 

 114.52 Early Participation Incentive Program

TCEQ adopted the repeal of 114.52 on November 18, 2010. 
Page 37

The program was meant to encourage owners and operators of emission inspection stations to participate 

early in the purchase of ASM-2 equipment to ensure an adequate number and distribution of stations 

would be available by the program start date. For example, for affected areas that began ASM-2 testing 

in May 2003, the incentive was only available to owners or operators of the first 200 eligible inspection 

stations. The EPIP expired in all I/M program areas on May 1, 2008. Vehicle emission inspection 

station owners are no longer participating in the program. This incentive program is no longer needed 

because the program is fully implemented, and therefore, repeal of the programs is approvable. 

DIVISION 2. LOW INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND 

ACCELERATED VEHICLE RETIREMENT PROGRAM 

114.64 LIRAP Requirement

Recommendation: 

 TCEQ’s December 22, 2010 submittal (Page 1 of the Evaluation of Testimony section) states, “Section 

114.64 is not included in the SIP and the amendment to §114.64 will not be submitted to the EPA.” 

Therefore, we are not proposing to act on these revisions to the LIRAP in this action because the LIRAP 

program has not been submitted for inclusion in the SIP. 
Page 38

Section C5: August 30, 2011 Submittal 

(Proposed rule language as published in the Texas Register is shown below) 
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EPA Analysis of August 30, 2011 Submittal: 

The EPA provided comments on the proposed rule revisions on March 10, 2011. A copy of the comment 

letter is in Docket ID EPA-R06-OAR-2011-0762, and can also be found in the “Written and Oral 

Testimony” section of the State’s SIP submittal (see reference number W-123). We supported some of 

the rule revisions and for the remainder of the revisions we recommended that additional information 

and documentation be included in the SIP submittal to allow for EPA approval of the SIP revisions. 

We supported the language changes in §114.512 (Control Requirements for Motor Vehicle Idling) to 

extend the enforcement period for the motor vehicle idling rules to year-round. Previously the motor 

vehicle idling rules were enforced only during the April 1 to October 31 ozone season. This revision is 

expected to result in additional emissions reductions outside of the ozone season and will help provide 

protection from potential exposure to moderate ozone levels outside of the ozone season, in particular 

for certain sensitive groups. 

We also encouraged TCEQ to consider extending or removing the September 1, 2009 deadline 

associated with §114.512(b), which prohibits drivers using a vehicle’s sleeper berth from idling in a 

residential area, in a school zone, within 1,000 feet of a hospital, or within 1,000 of a public school 

during operating hours. Instead, TCEQ proposed to eliminate §114.512. However, this revision does not 

constitute a relaxation of the approved SIP because the prohibition already expired and the prohibition 

was not approved into the Texas SIP because at the time EPA took action on the SIP revision that added 

the prohibition, the prohibition had already expired. Therefore, this revision results in no changes to the 

approved SIP. 

We commented that revisions to §114.517 (Exemptions) appeared to be relaxations of the approved 

Texas SIP. The revisions add a new exemption for armored vehicles and remove the September 1, 2009 

expiration date of the exemption for idling 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. Particularly, the exemption for idling while a 

driver is using the vehicle’s sleeper berth for a government-mandated rest period is currently not 

approved into the SIP because at the time EPA took action on the May 15, 2006 and February 28, 2008 

SIP submittals that added and subsequently revised that exemption, the exemption had already expired. 

TCEQ had indicated that the revision to §114.512 to allow year-round enforcement of the motor vehicle 

idling limits is expected to provide additional emissions reductions in the months that are currently not 

subject to enforcement and to offset the emissions increases due to the new exemption for armored 

vehicles. We questioned whether the expected additional emissions reductions from extending 

enforcement to year-round would be sufficient to offset the increase in emissions expected to result from 

the new exemption for armored vehicles. We recommended that TCEQ include a CAA section 110(l) 

demonstration to show that EPA SIP approval of the new exemption for armored vehicles and the 

exemption for idling while a driver is using the vehicle’s sleeper berth for a government-mandated rest 

period would not interfere with attainment or reasonable further progress in the SIP. 
Page 45

In response to our comments, TCEQ included information in the SIP submittal sufficient to demonstrate 

that the exemptions do not violate 110(l). The analysis explains that the Locally Enforced Motor Vehicle 

Idling Limitations are part of the Voluntary Mobile Source Emission Reduction Program (VMEP) 

commitments in the Dallas-Fort Worth Attainment Demonstration SIP (DFW Attainment SIP) revision 

for the 1997 8-hour ozone NAAQS,3 and that based on the North Central Texas Council of Governments 

(NCTCOG) estimates, the DFW area exceeded the NOx and VOC emission reductions required as part 

of the VMEP commitments (see Table 3).4

 Although the NCTCOG estimated that the actual emissions 

achieved individually by the Locally Enforced Motor Vehicle Idling Limitations fell short of the 

commitments in the DFW Attainment SIP by 0.12 NOx tons per day (tpd) and 0.004 VOC tpd (see 

Table 4), the 0.86 NOx tpd and 3.66 VOC tpd excess emissions reductions accomplished for the overall 

VMEP made up for the shortfall. In fact, the 0.86 NOx tpd and 3.66 tpd VOC excess emissions 

reductions accomplished by the overall VMEP, as estimated in the NCTCOG’s quantification of 

emissions reductions benefits, are greater than the total 0.62 NOx tpd and 0.02 VOC tpd emissions 

reduction commitments for the Locally Enforced Motor Vehicle Idling Limitations component of the 

VMEP. Thus, the analysis demonstrates that any potential emissions increases resulting from the 

exemption for armored vehicles and the exemption for drivers using the vehicle’s sleeper berth for a 

government-mandated rest period will be offset by the excess emissions reductions achieved by the 

overall VMEP. Further, any emissions reductions achieved from extending enforcement of the motor 

vehicle idling limits to year-round are surplus. 

                                                           

3 On January 14, 2009, EPA fully approved the VMEP and one other local control measure relied upon in the DFW 

Attainment SIP (74 FR 1903). 

4 The CAA section 110(l) demonstration makes reference to the NCTCOG’s VMEP accounting for the Locally Enforced 

Idling Restrictions without providing documentation of this in the SIP submittal. However, this documentation was provided 

to EPA by TCEQ via email on March 25, 2011, in response to the comment letter provided by EPA during the State’s public 

notice and comment period (please see the “Written and Oral Testimony” section of the August 30, 2011 SIP submittal- the 

reference number for EPA’s written comments is W-123). The documentation consists of a report from the NCTCOG dated 

August 26, 2010. The report quantifies the emissions reductions benefits achieved by the VMEP and other local programs in 

the DFW Attainment SIP as of March 2009. The report quantifies the emissions reduction benefits achieved by the overall 

VMEP and by each component of the VMEP. A copy of the TCEQ’s March 25, 2011 email to EPA and a copy of the 

NCTCOG’s August 26, 2010 “Voluntary Mobile Source Emission Reduction Program and Other Local Program 

Achievements” report can be found in the docket for this proposed rulemaking. 
Page 46

Table 3. VMEP Emissions Reduction Commitments and Achievements 

VMEP1 NOx (tons/day) VOCs (tons/day) 

Emissions Reduction Commitment 2.63 0.61 

Emissions Reduction Achieved2 3.49 4.27 

Excess Emissions Reductions Achieved2 0.86 3.66 

1 The VMEP consists of the following local control measures: Clean Vehicle Program, Employee Trip Reduction, Locally 

 Enforced Idling Restrictions, Diesel Freight Idling Reduction Program, SmartWay Transport Demonstration Project, 

 Public Agency Policy for Construction Equipment, and Aviation Efficiencies.

2

 As quantified in the NCTCOG’s “Voluntary Mobile Source Emission Reduction Program and Other Local Program 

 Achievements” report dated August 26, 2010. 

Table 4. Locally Enforced Idling Restrictions- Emissions Reduction Commitments and 

Achievements 

Locally Enforced Idling Restrictions NOx (tons/day) VOCs (tons/day) 

Emissions Reduction Commitment 0.62 0.020 

Emissions Reduction Achieved1 0.50 0.016 

Emissions Reduction Shortfall1 0.12 0.004 

 1 As quantified in the NCTCOG’s “Voluntary Mobile Source Emission Reduction Program and Other Local Program 

 Achievements” report dated August 26, 2010. 

At this time, we also note that before or at the same time that we propose approval of the revision to 

§114.517 that removes the September 1, 2009 expiration date of the exemption for idling while a driver 

is using the vehicle’s sleeper berth for a government-mandated rest period, we must propose approval of 

(1) the portion of the May 15, 2006 SIP submittal that revised §114.517 by adding the exemption for 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 (2) the portion of the February 28, 

2008 SIP submittal that narrowed the exemption by adding language such that the exemption applies 

only when the motor vehicle is not within two miles of a facility offering external heating and air 

conditioning connections at a time when those connections are available. The rule language (as 

published in the Texas Register) from the May 15, 2006 and February 28, 2008 submittals is shown 

below highlighted in yellow. 
Page 47

We did not specifically provide comments on the revision to §114.517 that eliminates language from 

paragraphs (1) and (2) to remove a duplicative exemption for a motor vehicle that has a gross vehicle 

weight rating of 14,000 pounds or less. We note that the vehicle idling rules currently approved in the 

Texas SIP state that after September 1, 2009, all motor vehicles with a gross vehicle weight rating of 

14,000 pounds or less will be exempt from the motor vehicle idling rules. Therefore, the revisions to 

paragraphs (1) and (2) before us are not a relaxation of the approved SIP, but instead eliminate 

redundant language to clarify that motor vehicles with a gross vehicle weight rating of 14,000 pounds or 

less are exempt from the motor vehicle idling rules. 

The Locally Enforced Motor Vehicle Idling Limitations are also part of the Austin Early Action 

Compact (EAC) SIP. In the Austin EAC SIP, the Austin area committed to attain the 1997 8-hour ozone 

standard by December 31, 2007, and to maintain the standard through the end of 2012. The Austin area 

met these commitments, and the Austin EAC SIP has now expired. Therefore, it is not necessary for the 

110(l) analysis to address the Austin EAC SIP. Additionally, we note that the 2010-2012 design value 

(DV) for the Austin area for the 2008 ozone standard, which at 75 ppb is more stringent than the 1997 

ozone standard (80 ppb), was 74 ppb and the area was designated as attainment under the 2008 ozone 

standard on April 30, 2012 (77 FR 30088). The area’s preliminary 2011-2013 ozone DV, which would 

reflect any impacts at the monitor from the idling rule revisions for over one full year since the State’s 

rule revisions became effective, is 73 ppb.5 This demonstrates that the rule revisions in question have not 

affected the Austin area’s ability to maintain the more stringent 2008 ozone standard. 

August 30, 2011 SIP revision 

114.512 Control Requirements for Motor Vehicle Idling

114.512 (a) and (b) – the revisions remove the enforcement period of April 1 through October 31 of 

each year to allow for enforcement year round. This revision enhances the SIP because it will result in a 

reduction of emissions and is approvable. Also, removes the prohibition for drivers using sleeper berths 

to idle in residential areas, school zones, and near hospitals and removes the expiration date in 

subsection (b) because it has expired. As explained above, this revision is not a SIP relaxation and is 

approvable. Additionally, the designation of (a) and (b) are removed. 

114.517 Exemptions

114.517(2) – the revisions add an exemption to the control requirements for motor vehicle idling. The 

new exemption is for armored vehicles while the employee remains inside the vehicle to guard the 

contents, or while the vehicle is being loaded or unloaded. Also the revision removes the exemption in 

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

                                                           

5 The State’s revisions to the Motor Vehicle Idling Limitations were adopted on August 8, 2012, and became effective on 

August 30, 2012. 
Page 48

September 1, 2009. As discussed above, these revisions are approvable because the State provided an 

analysis sufficient to demonstrate compliance with CAA § 110(l). 

114.517(12) 

The revision amends 115.517(12) to remove the expiration date. The revision retains the exemption of 

idling for heating and air conditioning while a driver is using the vehicle’s sleeper berth for a 

government-mandated rest period and not within two miles of a facility offering external heating or 

conditioning, which expired on September 1, 2009. As discussed above, these revisions are approvable 

because the State provided an analysis sufficient to demonstrate compliance with CAA § 110(l). 

May 15, 2006 SIP revision 

114.517 Exemptions

114.517(11) 

The revision adds an exemption to the control requirements for motor vehicle idling. The new 

exemption is for 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. This exemption 

expired September 1, 2007. 
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February 28, 2008 SIP revision 

114.517 Exemptions

114.517(11) 

The revision amends language to extend the expiration date of the exemption for 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. The expiration date is extended from September 1, 2007 to 

September 1, 2009. Language is also added to narrow the exemption such that it applies only the motor 

vehicle is not within two miles of a facility offering external heating and air conditioning connections at 

a time when those connections are available. The provision is also renumbered from (11) to (12). 
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Recommendations: 

Participation in the idling program is voluntary. However, participation in the vehicle idling program 

provides local governments with additional options to reduce emissions and maintain attainment with 

the federal ozone standards. Additionally, Texas is implementing the vehicle idling program as one of 

several local control measures under the VMEP in the DFW Attainment Demonstration SIP. 

One of the revisions is expected to result in additional emissions reductions outside of the ozone season 

and will help provide protection from potential exposure to moderate ozone levels outside of the ozone 

season. The SIP submittal includes a CAA section 110(l) demonstration to show that EPA SIP approval 

of new exemptions to the motor vehicle idling limits will not interfere with attainment or reasonable 

further progress in the SIP. Therefore, we recommend approval of the aforementioned May 15, 2006, 

February 28, 2008, and August 30, 2011, revisions to §114.517. The remaining revisions in the August 

30, 2011 SIP submittal are ministerial and/or add clarification to the rules and are therefore approvable. 
Page 53

Section C6: August 31, 2012 Submittal 

(Proposed rule language as published in the Texas Register is shown below) 
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EPA Analysis of the August 31, 2012 Submittal: 

The EPA provided comments on the proposed rule revisions on April 9, 2012. A copy of the comment 

letter is in Docket ID EPA-R06-OAR-2011-0762, and can also be found in the “Written and Oral 

Testimony” section of the State’s SIP submittal (see reference number W-3). 

We recommended that TCEQ include in the SIP submittal a CAA section 110(l) demonstration along 

with proper documentation to show that EPA SIP approval of the new exemption for a motor vehicle 

that has a gross vehicle weight rating greater than 14,000 pounds and that is equipped with a 2008 or 

subsequent model year heavy-duty diesel engine or liquefied or compressed natural gas engine that has 

been certified by the EPA or a state environmental agency to emit no more than 30 grams of NOx per 

hour when idling, would not interfere with any applicable requirement concerning attainment and 

reasonable further progress. In response to our comments, TCEQ included a revised 110(l) 

demonstration in the SIP submittal. The State’s revised 110(l) analysis explains that engines certified to 

emit no more than 30 grams of NOx per hour when idling are significantly cleaner than the uncontrolled 

vehicles currently in use that emit between 135 and 170 grams of NOx per hour when idling. These 

“clean idle engines” emit lower NOx emissions both while idling and while in transit. As the 2008 and 

newer vehicles with “clean idle engines” replace the older uncontrolled vehicles, the emissions benefit 

gained by allowing the exemption of the “clean idle engines” is expected to outweigh any potential 

increase in emissions that may result from increased idling. TCEQ did not quantify the emissions 

reductions or provide a modeling analysis to demonstrate that as the “clean idle engine” vehicles replace 

the older uncontrolled vehicles, there will be emissions reductions that will offset any potential increase 

in emissions that may result from increased idling by the “clean idle engines.” However, the new 

exemption would provide drivers with a new option that would allow them to comply with the motor 

vehicle idling limits, and may even serve as an incentive for replacing older, higher-emitting vehicles 

with the newer “clean idle engines.” Without this exemption, drivers of clean idle engines would have to 

use an idle reduction technology to comply with the motor vehicle idling limits when they find it 

necessary to idle for longer than 5 minutes (provided that none of the existing exemptions are applicable 

in that situation).6 Idle reduction technology allows the use of an alternative energy source in lieu of 

idling the vehicle’s main engine, thus reducing long-duration engine idling. Auxiliary power units 

(APUs) are one commonly used idle reduction technology used in heavy duty trucks to allow drivers to 

comply with the motor vehicle idling limits. An APU is a device that can be installed in heavy duty 

trucks to supply cooling, heating, and electrical power for other applications while the main truck engine 

is turned off. For illustrative purposes, Table 5 compares the NOx emissions of a clean idle engine while 

idling and the estimated NOx emissions generated by operation of an APU. The estimated NOx 

emissions from APUs, as shown in Table 5, are based on the EPA emission standards for non-road small 

engines (see Table 6), as most APUs employ an EPA emission-certified small non-road diesel engine.7

                                                           

6 For a list of EPA SmartWay verified idle reduction technologies, please visit 

http://epa.gov/smartway/forpartners/technology.htm#tabs-4. 

7 The estimated NOx emissions from APUs, as shown in Table 5, were calculated by multiplying the NOx emission rates in 

Table 6 by the engine horsepower and the assumed load factor (assuming the APU employs the newest model year engine 

available for the horsepower category, and assuming an APU load factor of 0.43). 
Page 55

A clean idle engine emits no more than 30 NOx grams per hour (g/hr) when idling, while one of the 

larger APUs available (23 horsepower) can be expected to emit approximately 53 NOx g/hr and one of 

the smaller APUs available (14 horsepower) can be expected to emit approximately 32 NOx g/hr. 

Without the new exemption, clean idle engines could potentially use an APU to comply with the motor 

vehicle idling limits, potentially resulting in higher NOx emissions than if the clean idle engine is idled 

instead. Therefore, we believe the new exemption will provide drivers with a new option allowing them 

to comply with the motor vehicle idling limits, and will not result in backsliding. 

Table 5. Comparison of NOx Emissions from Clean Idle Engine vs. APUs 

Engine Type NOx (grams/hr) 

Clean Idle Engine (while idling) 30 

APU (14 hp) 53 

APU (23 hp) 32 

Table 6. NOx Emission Rates Based on EPA Emission Standards for Non-Road Small Engines at 

40 CFR Part 89 

Engine Power8

(hp) Tier Model Year 

Nonmethane 

Hydrocarbon + NOx 

(g/bhp-hr) 

NOx 

(g/bhp-hr)9

<11 

Tier 1 2000-2004 7.8 7.41 

Tier 2 2005-2007 5.6 5.32 

11-25 

Tier 1 2000-2004 7.1 6.745 

Tier 2 2005-2007 5.6 5.32 

25-50 

Tier 1 1999-2003 7.1 6.745 

Tier 2 2004-2012 5.6 5.32 

                                                           

8 EPA’s emission standards at 40 CFR Part 89 for non-road engines are based on engine power ratings in units of kW, but 

values in this table have been converted to horsepower units for ease of comparison. 

9 For the engine power categories shown in this table, EPA has emission standards at 40 CFR Part 89 for nonmethane 

hydrocarbon + NOx. In the “NOx” column, the NOx only component of the “Nonmethane Hydrocarbon + NOx” emission 

standard has been estimated. 
Page 56

114.517 Exemptions

114.517(2) – the revisions add to the exemptions for control requirements for a motor vehicle that has a 

gross vehicle weight rating greater than 14,000 pounds and that is equipped with a 2008 or subsequent 

model year heavy-duty diesel engine or liquefied or compressed natural gas engine that has been 

certified by the United States Environmental Protection Agency or another state environmental agency 

to emit no more than 30 grams of nitrogen oxides emissions per hour when idling. As discussed above, 

these revisions are approvable because the State provided an analysis sufficient to demonstrate 

compliance with CAA § 110(l). 

114.517(3)-(13) are renumbered to account for the addition of the exemption above. 

Recommendation: 

Adding the exemption for motor vehicles with a gross vehicle weight rating greater than 14,000 pounds 

and equipped with certain low NOx emitting engines will provide drivers with more options for 

complying with the vehicle idling limits. The State’s 110(l) analysis explains that the new exemption 

will not interfere with any applicable requirements concerning attainment and reasonable further 

progress because the newly exempt clean idle engines will emit lower NOx emissions both while driving 

and while in transit than the older uncontrolled vehicles. The Sate anticipates that as the 2008 and newer 

vehicles with “clean idle engines” replace the older uncontrolled vehicles, there will be emissions 

reductions that will offset any potential increase in emissions that may result from increased idling by 

the clean idle engines. TCEQ did not quantify the emissions reductions or provide a modeling analysis 

to demonstrate this. However, we believe that without the new exemption, clean idle engines could 

potentially use a type of idle reduction technology to comply with the motor vehicle idling limits that 

could result in higher NOx emissions than those resulting from idling the clean idle engine. Therefore, 

we believe the new exemption will provide drivers with a new option allowing them to comply with the 

motor vehicle idling limits, and will not result in backsliding. EPA recommends approval of this 

revision. We also recommend approval of the revision that re-numbers the exemptions under section 

114.517, as it is a ministerial revision that is necessary to account for the new exemption. 
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D. References 

EPA Guidance: Improving Air Quality with Economic Incentive Programs was used to evaluate the

revisions to the TERP.  In 2005, the TERP was approved into the SIP as an Economic Incentive Program

(EIP).  Please see 70 FR 48647, August 19, 2005.  With the submitted revisions to the TERP, this program

continues to adhere to EPA’s EIP guidance.