Kathleen Hartnett White, Chairman Larry R Soward, Commissioner Glenn Shankle, Executive Director 

# RECEIVED ·- 6POI 

# AIR PLANNING**SE·(~** 

# 07 JUL 30 PH 4: 52

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution



### July 25, 2007

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

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

### Docket No. 

### 2006-2162-RUL

On June 27, 2007, the Texas Commission on Environmental Quality (Commission) adopted revisions to the State Implementation Plan (SIP).
The Commissron adopted amendments to§§ 114.1 and 114.270 and the repeal of§§ 114.4, 114.201, 114.202 and 114.618 in 30 TAC Chapter 114, Cont.rol of Air Pollution from Motor Vehicles; and corresponding revisions to the SIP. Th'is rule making aligns certain transportation-air quality rules and definitions with state and federal statutes by repealing the following rules: the Mobile Emission Reduction Credit (MERC) program and associated fund and definitions, the Light-Duty Motor Vehicle Purchase or Lease Incentive Program Vehicle Emissions Information Brochure, and the Transportation Control Measures (TCM) Substitution Process.
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 these SIP revisions. Sincerely,

# /(;!.~01~ Chairman
KHW/lm
Enclosures

cc: The Honorable Rick Perry, Governor of Texas Mr. Zak Covar, Office of Budget, Planning and Policy, Office of the Governor Mr. Glenn Shankle, Executive Director, Texas Commission on Environmental Quality

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

## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

THE STATE OF TEXAS
COUNTY OF TRAVIS

This is to certify that the attached are true and correct copies of documents for revisions to the Texas
State Implementation Plan, adopted on June 27, 2007, pursuant to 40 Code of Federal Regulations (C.P.R.)§
51.104. I am the records administrator for the Air Quality Division of the Texas Commission on Environmental Quality (Commission).

# ~.J=L.~ Susana M. Hildebrand, P.E., Director Air Quality Division Texas Commission on Environmental QualityTexas Commission on Environmental Quality Public Hearing April 3, 2007 Concerning Revisions to 30 TAC Chapter 114

Control of Air Pollution from Motor Vehicles Transportation

- Air Quality Revisions

Rule Project No. 2006-050-114-EN

### INTRODUCTION

The Texas Commission on Environmental Quality (commission) held a public hearing in Austin on April 3, 2007, to receive testimony regarding revisions to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan.

The comment period closed on April 7, 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

o Staff Recommendations (including Order and 

### Texas Register publication)

Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park 35 Circle, Austin, Texas 78753. For further information, please contact Santos Olivarez, Air Quality Division, at (512) 239-4718.

# 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 hearings in the following newspapers on the date listed: Austin American-Statesman: 

### February 27, 2007 Fort Worth Star- Telegram: 

### February 26, 2007 Houston Chronicle: 

### February 26, 2007

2. Publication of the proposed rules in the March 9, 2007, issue of the Texas Register 

### (32 T ex Reg 1197). ·

3. Publication of the Notice of Public Hearing in the March 9, 2007, issue of the Texas Register 

### (32 TexReg 1396).

4. Correspondence forwarding the notice of public hearings 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 Pollution Control Department 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
For1 Wor1h Star- Telegram, 

### February 26, 2007**~..lTIC.t:** Ur-**t-"U~LIL..** iiEARJNG BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY-· ON PROPOSED REVISIONS TO 30 T AC CHAPTER 114

TO

### TH~NfTATE IMPLEMENTATION PLAN Th.e Texas Commis- SIOn on Environmental O.uality· {commiSSIOn) Will conduct a public hea,rmg to ·receive test1monJ regarding**goopt~;a;ev~d~;~;~~**

### g~~~~er**~~~~ cbTn~gj**  of Air Pollution from Motor Vehicles, and to the state Imple- mentation plan (SIP)

### ~ne~~~**o/~:xa~1,~~~r~** and Saiety _9ode,**~382.017;** · 1 exas**c~~~r~::n~'go"1, cs&~~** **~~~~er ~;** **aFne~e~** Regulat1o,s**~51;1** 02 of !he. Uuiteo States EnvJronmr3ntaJ", Pro-

### ;~gt~.;'ti~~:i'n%~~~r~!

.. .inq**~~.P~-** >.·:.- -· .. :.-
..... Th8 proposed rule- making would revtse: certam transportation**~~~** air**qu~~Wni~~~~~:** through the repeal of certam Texas Clean. Fiset program. ele- ments, specJfJcaJiy ·. mobile source emis- sions credits; the re--**fat~n ~fo~~~~** **~ae~fu r~**  substitution process, which was supersed- ed by federal re- quirements; and the repeal of a require- ment that vehicle manufacturers**p~:Jb** lish a brochure list1ng eligible new light-duty motor vehicles on an, annual ·basis. i A public hearing on this 1

proposal will be held 1n**Austin~** Texas, on, April 3, 2007, at 1 0:00, a.m., in Building B, Room 20i A; at the Texas Commission on Environmental Duality

### ~~'J16'6**~arl~§~t~1rcl~:** The hearing will be structured tor the re- ceipt of oral or written comments by inter- ested persons. Re_g-

. istration will begin 3'0 i minutes prior fo the

. hearing:·· Individuals i**~:femf~fssent ·w~~~**  : called upon ir] order''[ of registration. There will pe :no open**dis~** r**g~~~i~~~;·. aug~aeJ~;,**  

### \**~o!'"...::"121.:'.:='_ion,** st?ff! Will DE: available to discuss the proposal 30 min- utes. pnor to ti1E:l heanng Persons**~Janning** to**~r~~~d h~v~** **~~~r~~a9** comrr1unicat1on or other accommodat1on needs should contact**~fYC:g~F:Sec~jc~~:~~~** (512) 239-5017. Re- ouests ·should be rilade as tar in ad- vance as oossib"le. Comments · may be submitted to Jovce Spencer, I\IIC :Z05, Texas Register Team, Office of Legal Ser- vices, Texas Com- mission on Environg',;';'ta\**~~~.1ity** 

### AJsi[;;: Texas 78711-3087 or tax&d to (5i 2) 239- 4808. Electronic comments may be submitted at http:/ /www5. tceq. state.rx.us/ rules/ ecomments. The comment , period closes April 7, 2007. All comments should

### ~"!t**N~';;6er~'6 6'6-~~'(j:**  114-EN,. , The pro- posed rule may be viewed on the com- mission'.s Web. site at http://www.tceq. state.tx.us /nav/rulss/: propose adopt.htmi.- For furtFier informa- tion_ or. questions. concernirig this pro-; posal, please contact Santos Olivarez, Air**~~~~l~3~!l7~i~~::.** al Issued rn Austin, Tex- as. on February ;;'1, 2007. )1\athleen Hartnett Whtte. Chairman Larry H. Soward, Commissioner Martin A. Hubert. Commzssioner Glenn Shankle, Executive Director 

# TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution 

### NOTICE OF PUBLIC HEARING BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ON PROPOSED REVISIONS TO 30 TAC CHAPTER 114 AND TO THE STATE IMPLEMENTATION PLAN
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor Vehicles, and to the state implementation plan (SIP), under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.1 02 of the United States Environmental Protection Agency (EPA) regulations concerning SIPs.
The proposed rulemaking would revise certain transportation and air quality rules and definitions through the repeal of certain Texas Clean Fleet program elements, specifically mobile source emissions credits; the repeal of the transportation control measure substitution process, which was superseded by federal requirements; and the repeal of a requirement that vehicle manufacturers publish a brochure listing eligible new light-duty motor vehicles on an annual basis.
A public hearing on this proposal will be held in Austin, Texas, on April 3, 2007, at 10:00 a.m., in Building B, Room 201A, at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle. 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 members will be available to discuss the proposal30 minutes prior to the hearing.
Persons planning to attend the hearing who have special communication or other accommodation needs should contact Joyce Spencer, Office of Legal Services, at (512) 239-5017. Requests should be made as far in advance as possible.
Comments may be submitted to Joyce Spencer, MC 205, Texas Register Team, 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. uslrules/ecomments. The comment period closes April 7, 2007. All comments should reference Rule Project Number 2006-050-114- EN. The proposed rule may be viewed on the commission's Web site at 

### http://www. tceq.state. tx. 

### uslnav/ruleslpropose_adopt. html. For fmther information or questions concerning this proposal, please contact Santos Olivarez, Air Quality Division, at (512) 239-4 718. 

### Issued in Austin, Texas, on Februmy 21, 2007.

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/2::l9-l000 • Internet address: www.tceq.state.tx.us30 TAC §115.242(3)(A), and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition and free of defects that would impair the effectiveness of the system; 30 TAC §334.49(c)(4), and Texas Water Code (TWC), §26.3475(d), by failing to have the cathodic protection systems inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c), by failing to monitor underground storage tanks (USTs) for a release at a frequency of at least once every month, not to exceed 35 days between each monitoring; 30 TAC §334.50(b)(2), and TWC, §26.3475(a), by failing to monitor USTs for a release at a frequency of at least once every month, not to exceed 35 days between each monitoring; 30 TAC §334.50(b)(2)(A)(i)(III), and TWC, §26.3475(a), by failing to monitor USTs for a release at a frequency of at least once every month, not to exceed 35 days between each monitoring; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; PENALTY: $14,700; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Dallas-Fort Worth Regional Ofce, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. (2) COMPANY: Friend Enterprises, Inc. dba Friendly Mart; DOCKET NUMBER: 2003-1045-PST-E; TCEQ ID NUMBER: RN100825090; LOCATION: 7200 Manchaca, Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once per month; 30 TAC §334.48(c), by failing to conduct inventory control and reconciliation for a UST system at the retail facility; and 30 TAC §334.50(b)(2)(A)(i)(III) and (b)(2)(A)(ii), and TWC,§26.3475(a), by failing to test or monitor the piping in the UST system for releases; PENALTY: $18,000; STAFF ATTORNEY: Robert Mosley, LitigationDivision, MC 175, (512) 239-0627; REGIONAL OFFICE: Austin Regional Ofce, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758- 5336, (512) 339-2929. TRD-200700774 Mary Risner Director, Litigation Division Texas Commission on Environmental Quality Filed: February 27, 2007


### Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 114 and to the State Implementation Plan The Texas Commission on Environmental Quality (commission) willconduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor Vehicles, and to the state implementation plan (SIP), under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and40 Code of Federal Regulations §51.102 of the United States Environmental Protection Agency (EPA) regulations concerning SIPs. The proposed rulemaking would revise certain transportation and air quality rules and de nitions through the repeal of certain Texas Clean Fleet program elements, speci cally mobile source emissions credits; the repeal of the transportation control measure substitution process,which was superseded by federal requirements; and the repeal of a requirement that vehicle manufacturers publish a brochure listing eligible new light-duty motor vehicles on an annual basis. A public hearing on this proposal will be held in Austin, Texas, on April 3, 2007, at 10:00 a.m., in Building B, Room 201A, at the Texas Commission on Environmental Quality complex located at 12100 Park35 Circle. 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 discussionduring the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.Persons planning to attend the hearing who have special communication or other accommodation needs should contact Joyce Spencer, Of-ce of Legal Services, at (512) 239-5017. Requests should be made as far in advance as possible. Comments may be submitted to Joyce Spencer, MC 205, Texas Register Team, Ofce of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File sizerestrictions may apply to comments being submitted via the eComments system. The comment period closes April 7, 2007. All comments should reference Rule Project Number 2006-050-114-EN. The proposed rule may be viewed on the commission’s Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information or questions concerning this proposal, please contact Santos Olivarez, Air Quality Division, at (512) 239-4718. TRD-200700711 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: February 23, 2007


### Notice of Request for Public Comment and Notice of a Public Meeting for Seventeen Total Maximum Daily LoadsThe Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment seventeen draft total maximum daily loads (TMDLs) for bacteria, dissolved oxygen, and pH in Adams Bayou and Cow Bayou (Segments 0508, 0508A, 0508B, 0508C, 0511, 0511A, 0511B, 0511C, and 0511E) of the Sabine River Basin, located in Orange County. The TCEQ will conduct a publicmeeting to receive comments on the draft TMDLs. This announcement also constitutes notice that the TMDLs will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).Texas is required to develop TMDLs for impaired water bodies included in the state of Texas Clean Water Act, §303(d) list of impairedwater bodies. A TMDL is a detailed water quality assessment that provides the scienti c foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.The TCEQ will conduct a public meeting on the draft TMDLs for bacteria, dissolved oxygen, and pH in Adams Bayou, Cow Bayou, and their tributaries (Segments 0508, 0508A, 0508B, 0508C, 0511, 0511A,0511B, 0511C, and 0511E). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDLs. The commission requests comment on each of the six major components of the TMDL: problem de nition, endpoint identi cation, source analysis, linkage between sources and receiving waters, margin of safety, and pollutant loading allocation. After the public comment period, TCEQ staff may revise the TMDLs, if appropriate. The nal TMDLs will then be considered by the commission for adoption. Upon adoption of the TMDLs by the commission, the nal TMDLs and a response to all comments will be made available on the TCEQ Web site referencedbelow. The TMDLs will then be submitted to EPA Region 6 for ap

## 32 T exReg 1396 March 9, 2007 Texas Register(B) - (I) (No change.) (2) - (3) (No change.) (b) - (c) (No change.) This agency hereby certi es that the proposal has been reviewedby legal counsel and found to be within the agency’s legal authority to adopt. Filed with the Ofce of the Secretary of State on February 16, 2007. TRD-200700596 Julie A. Barker Executive Assistant Texas Board of Veterinary Medical Examiners Proposed date of adoption: June 14, 2007 For further information, please call: (512) 305-7555


## CHAPTER 577. GENERAL ADMINISTRATIVE DUTIES SUBCHAPTER A. BOARD MEMBERS AND MEETINGS--DUTIES 22 TAC §577.1The Texas Board of Veterinary Medical Examiners ("Board") proposes amendments to §577.1, concerning Ofcers. The section re  ects an amendment by the 79th Legislature to the Veterinary Licensing Act (Chapter 801, Occupations Code), which provides that the Governor shall appoint the presiding ofcer of the Board. Previously, the Board elected its president, along with the secretary and vice-president. The amended section re  ects this change in the law. Dewey Helmcamp, Executive Director, has determined that for the rst ve-year period the amended section is in effect there will be no scal implications for state or local government as a result of enforcing or administering the section. Mr. Helmcamp has also determined that for each year of therst ve years the amendments are in effect the public bene-t anticipated as a result of enforcing the amended section will be to attain compliance with the recent changes to the statute, and inform the public of the manner in which Board ofcers are appointed or elected. There will be no effect on small or microbusinesses. There will be no economic cost to any persons required to comply with the amended section as proposed. Comments on the proposed amendments may be submittedin writing to Lee Mathews, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, e-mail vet.board@tbvme.state.tx.us and will be accepted for 30 days following publication of the proposal in the Texas Register

.The amendments are proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter. The amendments affect the Texas Occupations Code, §801.055, relating to ofcers of the Board. §577.1. Ofcers. [( a ) ] The ofcers of the B o ard [b o ard ] shall be a president, a vice-president, and a secretary. T h e p re s i de nt i s ap p o i nte d b y th e G o v ern o r. T h e v i c e - p re s i d e nt an d s e c re t ary are e l e c te d b y th e B o ard me m b e r s at th e r s t me e ti n g o f e ac h s c al y e ar ; take o fc e i mm e d i ate l y a f ter th e c l o s e o f s u c h me e ti n g ; s erv e f o r o n e y e ar ; an d m ay b e re - e l e c te d

. [, e l e c te d f o r o n e y e ar, an d e a c h m ay b e re e l e c te d

. O fc er s s h a l l b e e l e c te d du ri n g th e r s t m e e ti n g o f t h e s c al y e ar an d s h a l l t ake o fc e i mm e di ate ly a f ter th e c l o s e o f s u c h m e e ti n g . ] [ ( b ) E ac h o fc er an d b o ard m e mb er s h al l p erf o rm th e du ti e s i n c u mb e n t up o n hi s o fc e an d m e mb er s h i p an d s u c h o th er duti e s a s are a s s i g n e d t o h i m b y v o te o f th e b o ard

. B e tw e e n me e ti n g s , t h e p re s i de n t o f th e b o ard m ay a s s i g n s p e c i c du ti e s t o a m e mb er. ] This agency hereby certi es that the proposal has been reviewedby legal counsel and found to be within the agency’s legal authority to adopt. Filed with the Ofce of the Secretary of State on February 16, 2007. TRD-200700597 Julie A. Barker Executive Assistant Texas Board of Veterinary Medical Examiners Proposed date of adoption: June 14, 2007 For further information, please call: (512) 305-7555


## TITLE 30. ENVIRONMENTAL QUALITY 

# PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 114. CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES The Texas Commission on Environmental Quality (commission) proposes amendments to 30 TAC §114.1 and §114.270, and the repeal of §§114.4, 114.201, 114.202, and 114.618. If adopted,the revisions would 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 PROPOSED RULES This rulemaking would align certain transportation-air quality rules and de nitions with state and federal statutes by repealing the following rules: the Mobile Emission Reduction Credit (MERC) program and associated fund and de nitions, the Light-Duty Motor Vehicle Purchase or Lease Incentive Program Vehicle Emissions Information Brochure, and the TransportationControl Measures (TCM) Substitution Process. These provisions were either repealed by state statute or superseded by federal statute. The Federal Clean Air Act Amendments of 1990 (FCAA), §182(c)(4), required states to either adopt the Federal CleanFuel Fleet (FCFF) program outlined in FCAA, §246, or implement a program that demonstrates long-term reductions in ozone-producing and toxic air emissions equal to thoseachieved under the FCFF program. The FCFF program requires federal, state, and local governments, and private  eets to purchase low-emission vehicles (LEVs) in areas classi ed by



## PROPOSED RULES March 9, 2007 32 TexReg 1197the EPA as being in serious, severe, or extreme nonattainment of the national ambient air quality standards (NAAQS) for ozone and carbon monoxide (CO). The State of Texas, in a committal SIP revision submitted to the EPA on November 15, 1992, opted out of the FCFF program in order to implement a  eet emission control program designedby the state. In 1994 the commission submitted the state’s optout program in a SIP revision to the EPA and adopted rules to implement the Texas Alternative Fuel Fleet (TAFF) program as a substitute to the FCFF program in the areas of Texas classi ed by EPA as being in serious, severe, or extreme nonattainment of the NAAQS for ozone or CO. In 1995 the 74th Texas Legislature modi ed the state’s alternative fuels program (Texas Health and Safety Code, Chapter 382, Subchapter F) through the passage of Senate Bill 200 (SB200). The legislature facilitated fuel neutrality through the incorporation of the federal low emission vehicle (LEV) standards regardless of fuel type for certain affected  eets. The legislation required the commission to adopt regulations to implement the revised program. The commission adopted regulations that established the Texas Clean Fleet (TCF) program. In 1997 the 75th Texas Legislature further modi ed the state’s alternative fuels program through the passage of Senate Bill 681 (SB 681).SB 681 removed the commission’s authority to require the program in moderate nonattainment areas, limited the commission’s authority to the serious and above ozone nonattainment areas, and modi ed the state’s alternative fuels program. The basicrequirement of LEV purchases was retained, but the implementation schedule was modi ed. This legislation required the commission to adopt regulations to implement the program. MERCs are part of the commission’s TCF economic incentive program to help reduce vehicle emissions of volatile organic compounds (VOC) and nitrogen oxides (NO
x ). The program is intended to provide additional  exibility for business, develop innovative strategies to control mobile source emissions, and reduce the cost of compliance with the FCAA. MERCs are enforceable, permanent, and quanti able emission reductions generated by a mobile source through the TCF program. Emission reductions that remain after an entity satis es their requirements may be banked as credits. In 2005 the 79th Texas Legislature passed Senate Bill 1032 (SB1032), which repealed TCF in its entirety. This action also repealed the MERC program, MERC fund, and corresponding definitions. On April 26, 2006, the commission adopted the repeal of the TCF program as directed by SB 1032. This rulemaking proposes the repeal of the remaining program elements. In 2001 the 77th Texas Legislature (2001) passed Senate Bill 5 (SB 5) establishing the Texas Emission Reduction Plan (TERP), which provided nancial incentives for reducing emissions of on-road and non-road motor vehicles and equipment, grants forthe development of new emission control technology, new building energy efciency standards, and research and development programs. SB 5 programs were estimated to achieve reductionsin excess of the reductions expected from the rules that were being repealed. In accordance with SB 5, the state implementation plan (SIP) was revised to replace certain rules with TERP. The adopted TERP rules established a state-wide incentive program for the purchase of new on-road diesel vehicles and light-duty motor vehicles that met emission standards more stringent than those required by federal requirements. As a result of these new rules, a new §114.618 was adopted in August 2001, which required vehicle manufacturers to publish a brochure of eligible incentive vehicles by September 1 of eachyear. This brochure is also required to be submitted to the executive director, or his designee, by the same date.House Bill 1365 (HB 1365) by the 78th Legislature (2003) repealed the requirement for vehicle manufacturers to publish anddistribute a brochure annually. The rulemaking proposes the repeal of the rule implementing this requirement. The federal surface transportation reauthorization act, the Safe, Accountable, Flexible, Efcient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), established a transportationcontrol measure substitution process, eliminating the requirement for an EPA-approved state process as found in 30 TAC §114.270(f), relating to the TCM Substitution Process. The SAFETEA-LU provisions supersede the state process. The rulemaking would repeal the state section because it is no longer necessary. SECTION BY SECTION DISCUSSION The proposal would amend §114.1 in Subchapter A and§114.270 in Subchapter G; and would repeal §114.4 in Subchapter A; §114.201 and §114.202 in Subchapter F; and §114.618 in Subchapter K. Subchapter A. Denitions §114.1(13) and §114.4 The proposal would amend §114.1 by repealing the de nition of MERC in §114.1(13) and repeal the MERC de nitions found in §114.4. These sections were elements of the TCF program, which was repealed by the commission on April 26, 2006, in accordance with SB 1032 following a repeal by the legislature in 2005, SB 1032. The legislative repeal made these program de nitions no longer necessary. Current de nitions in §114.1(14) - (18) will be renumbered (13) - (17).Subchapter F. Vehicle Retirement and Mobile Emission Reduction Credits Division 1. Mobile Emission Reduction Credits §114.201 and §114.202 The proposal would repeal the MERC program found in §114.201 and the MERC fund found in §114.202. Both of these sections were program elements of the TCF program, whichwas repealed by the commission on April 26, 2006, following enactment of SB 1032 in 2005, which repealed the TCF program. The legislative repeal made this program no longer necessary. Subchapter G. Transportation Planning §114.270. Transportation Control Measures The proposal would amend §114.270 by deleting §114.270(f), the TCM substitution process. The re-authorization of the SAFETEA-LU eliminated the requirement for an EPA-approved state process for approving TCM substitutions. The provisions of the SAFETEA-LU establish that if there is a con  ict between an approved state process and the approval process contained in the SAFETEA-LU, the state must follow the requirements found in the SAFETEA-LU. Subchapter K. Mobile Source Incentive ProgramsDivision 2. Light-Duty Motor Vehicle Purchase or Lease Incentive Program



## 32 T exReg 1198 March 9, 2007 Texas Register§114.618. Vehicle Emissions Information Brochure The proposed rulemaking would repeal the requirement of §114.618 that requires automobile manufacturers to publish a brochure annually and submit it to the TCEQ by September 1st of every year. The proposal would repeal this requirement at the directive of HB 1365, 78th Legislature (2003).FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENTJeff Horvath, Analyst, Strategic Planning and Assessment Section, has determined that for the rst ve-year period the proposed rules are in effect, no scal implications are anticipated for the agency or other units of state or local governments as a result of administration or enforcement of the proposed rule. The proposed rule would clarify certain transportation and airquality rules through: 1) the repeal of certain TCF program elements, speci cally, MERCs; 2) the repeal of a TCM substitution process, which was superseded by federal requirements; and 3) the repeal of a requirement that vehicle manufacturers publish abrochure listing eligible new light-duty motor vehicles on an annual basis.Senate Bill 1032, 70th Legislature, 1987, repealed the TCF program. The TCF program was repealed because there was no longer an air quality bene t that could be achieved from the program, as federal emission standards exceeded the emission standards for low emission vehicles established under the TCFprogram. Mobile emission reduction credits (MERCS) were enforceable, permanent, and quanti able emission reductions generated by a mobile source through the TCF program and could be banked as credits. However, due to the fact that the federal standards exceeded the TCF standards, there were no MERCS assigned through the Texas Mobile Emission Credit Fund. Noscal implications are expected for affected entities. Under current rule, TCMs address the roles and responsibilitiesof the metropolitan planning organizations (MPOs) and implementing transportation agencies in nonattainment and maintenance areas and provide a method for the substitution of TCMswithout a state implementation plan (SIP) revision. The re-authorization of the federal surface transportation programs, theSAFETEA-LU eliminated this section, which required an EPAapproved state process for approval of substitute TCMs. The provisions of the SAFETEA-LU establish that if there is a con  ict between an approved state process and the approval processcontained in the SAFETEA-LU, the area must follow the requirements found in the SAFETEA-LU. Removal of the state-required section is expected to reduce the number of steps in the approval process for substitute TCMs but is not expected to result in any signi cant scal implications for affected entities.The proposed repeal of the requirement for automobile manufacturers to publish a brochure annually and submit it to the agencyby September 1st of every year is a result of HB 1365, 78th Legislature (2003). As this requirement was repealed in 2003, manufacturers have not been required to submit the brochures, and repeal of the rule is not expected to result in any signi cant scal implications for the manufacturers. PUBLIC BENEFITS AND COSTS Mr. Horvath also determined that for each year of the rst ve years the proposed rules are in effect, the public bene t anticipated from the changes seen in the proposed rules will be compliance with state and federal law, clear and concise rules for affected entities, and continued protection of public health and the environment. No signi cant scal implications are anticipated for businesses or individuals as a result of the implementation of the proposed rule. SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT No adverse scal implications are anticipated for small or microbusinesses as a result of the proposed rule. LOCAL EMPLOYMENT IMPACT STATEMENTThe 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 rst ve years that the proposed rules a re in effect. DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION The commission reviewed the proposed rulemaking in light of the regulatory analysis requirements of Texas Government Code, §2001.0225, and determined the rules do not meet the de nition of a "major environmental rule." Under Texas Government Code,§2001.0225, "major environmental rule" means a rule the speci c intent of which is to protect the environment or reduce risksto human health from environmental exposure, and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or thepublic health and safety of the state or a sector of the state. Furthermore, it does not meet any of the four applicability requirements listed in §2001.0225(a). Section 2001.0225 applies only to a major environmental rule which 1) exceeds a standard set by federal law, unless the rule is speci cally required by state law; 2) exceeds an express requirement of state law, unless the rule is speci cally required by federal law; 3) exceeds 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) adopts a rule solely under the general powers of the agency instead of under a speci c state law. The proposed rulemaking would remove various outdated requirements and align state rules with federal and state statutes as described in the BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES and SECTIONBY SECTION DISCUSSION sections above. Because the proposed rules are not speci cally intended to protect the environment or reduce risks to human health from environmental exposure but to remove outdated rules making state rules consistentwith state and federal statutes, this rulemaking is not a major environmental rule and does not meet any of the four applicability requirements. Because these rules remove requirements, they do not result in any new requirements and should not adversely affect in a material way the economy, a sector of the economy, productivity, competition, or jobs. The commission invites publiccomment regarding this draft regulatory impact analysis determination. TAKINGS IMPACT ASSESSMENT The commission evaluated these proposed rules and performed a preliminary assessment of whether Texas Government Code, Chapter 2007 is applicable. The commission’s preliminary assessment indicates Texas Government Code, Chapter 2007 does not apply to these proposed amendments because thisaction discontinues requirements as described in the BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FORTHE PROPOSED RULES and SECTION BY SECTION DIS

## PROPOSED RULES March 9, 2007 32 TexReg 1199CUSSION sections of this preamble. Also, the proposed rules would remove various outdated requirements and align staterules with federal and state statutes. Promulgation and enforcement of these proposed amendments would be neither astatutory or constitutional taking of private real property. Specifically, the proposed amendments do not affect a landowner’s rights in private real property, because this rulemaking actiondoes not burden, restrict, nor limit the owner’s rights to property or reduce its value by 25% or more beyond which would otherwise exist in the absence of the proposed regulations.CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM The commission reviewed the proposed rulemaking and found the proposal is a rulemaking identi ed in the Coastal Coordination Act Implementation Rules, 31 TAC §505.11(b)(4), concerning rules subject to the Texas Coastal Management Program (CMP), and will, therefore, require that goals and policies of the CMP be considered during the rulemaking process. The commission reviewed this rulemaking for consistency with the CMP goals and policies in accordance with the regulations ofthe Coastal Coordination Council and determined that the rulemaking is editorial and procedural in nature and will have no substantive effect on commission actions subject to the CMP and is,therefore, consistent with CMP goals and policies. Written comments on the consistency of this rulemaking may be submitted to the contact person at the address listed under the SUBMITTAL OF COMMENTS section of this preamble. ANNOUNCEMENT OF HEARING A public hearing on this proposal will be held in Austin on April 3,2007, at 10:00 a.m. at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle in Building B, Room 201A. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing.Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Joyce Spencer, Ofce of Legal Services, at (512) 239-5017. Requests should be made as far in advance as possible. SUBMITTAL OF COMMENTS Written comments may be submitted to Joyce Spencer, MC 205, Ofce of Legal Services, 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 being submitted via the eComments system. All comments shouldreference Rule Project Number 2006-050-114-EN. The comment period closes April 9, 2007. Copies of the proposed rule can be obtained from the commission’s Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html. For further information, please contact Santos Olivarez, Air Quality Division, (512) 239-4718. 

## SUBCHAPTER A. DEFINITIONS 30 TAC §114.1 STATUTORY AUTHORITY The amendment is proposed under Texas Water Code (TWC), §5.102, concerning General Powers; §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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The amendmentis proposed under THSC, §382.002, concerning Policy and Purpose, which establishes the commission’s purpose to safeguard the state’s air resources, consistent with the protection of public health, general welfare, and physical property; §382.012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state’s air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles. The proposed amendment implements THSC, §§382.002, 382.011, 382.012, and 382.019. §114.1. Denitions. Unless speci cally de ned in Texas Health and Safety Code, Chapter 382, also known as the Texas Clean Air Act (TCAA) or in the rulesof the commission, the terms used by the commission have the meanings commonly ascribed to them in the eld of air pollution control. In addition to the terms which are dened by the TCAA, the followingwords and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) - (12) (No change.) [ ( 1 3 ) M o b i l e e mi s s i o n re du c ti o n c re d i t ( M E R C )

- - A c re di t rep re s e nti n g th e amo u n t o f e mi s s i o n re du c ti o n s f ro m a mo b i l e s o urc e p ro g r am . Th e s e e mi s s i o n re du c ti o n s are v o l u nt ary an d mu s t b e i n ad di

ti o n t o c o mp li an c e w ith re qu i re me nt s o f s tate an d f e d er al re g u l ati o n s . M E R C s are any e n f o rc e ab l e , p erm an e nt , an d qu an tiab l e e mi s s i o n re du c ti o n ( e xh au s t an d/o r e v ap o r ati v e ) g e n er ate d b y a mo b i l e s o u rc e , w h i c h h a s b e e n b an ke d i n ac c o rd an c e w i th th e ru l e s o f t h e c o mmi s s i o n . M E R C s c an b e b anke d , p u rc h a s e d , tr ad e d , an d s o l d t o me e t c l e an ai r m an d ate s f o r s p e c i e d ai r p ro g r am s , w h i c h c an b e ap p l i e d t o th e e mi s s i o n re du c ti o n o b l i g ati o n s o f an o t h er ai r qu a li ty s o urc e o r t o ai r qu al i ty att ai n me n t g o al s . ] ( 1 3 ) [( 1 4 ) ] Reformulated gasoline--Gasoline that has been certied as a reformulated gasoline under the federal certi cation regulations adopted in accordance with 42 United States Code, §7545(k). ( 1 4 ) [( 1 5 ) ] Texas Inspection and Maintenance State Implementation Plan--The portion of the Texas state implementation plan that includes the procedures and requirements of the vehicle emissions inspection and maintenance program as adopted by the commission May 29, 1996, in accordance with 40 Code of Federal RegulationsPart 51, Subpart S, issued November 5, 1992; the United States Environmental Protection Agency  exibility amendments dated September 18, 1995; and the National Highway Systems Designation Act of 1995. A copy of the Texas Inspection and Maintenance State Implementation Plan is available at the Texas Commission on Environmental Quality, 12100 Park 35 Circle, Austin, Texas, 78753; mailing address: P.O. Box 13087, MC 166, Austin, Texas 78711-3087. ( 1 5 ) [( 1 6 ) ] Tier I federal emission standards--The standards are de ned in 42 United States Code, §7521, and in 40 Code of Federal Regulations, Part 86. The phase-in of these standards began in model year 1994. ( 1 6 ) [( 1 7 ) ] Ultra low emission vehicle--A vehicle as de-ned by 40 Code of Federal Regulations, Part 88. ( 1 7 ) [( 1 8 ) ] Zero emission vehicle--A vehicle as de ned by 40 Code of Federal Regulations, Part 88.



## 32 T exReg 1200 March 9, 2007 Texas RegisterThis agency hereby certi es that the proposal has been reviewedby legal counsel and found to be within the agency’s legal authority to adopt. Filed with the Ofce of the Secretary of State on February 23, 2007. TRD-200700712 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: April 8, 2007 For further information, please call: (512) 239-5017


### 30 TAC §114.4 (Editor’s note: The text of the following section proposed for repeal will not be published. The section may be examined in the ofces of the Texas Commission on Environmental Quality or in the Texas Register of

ce, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) STATUTORY AUTHORITY The repeal is proposed under Texas Water Code (TWC), §5.102,concerning General Powers; §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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, whichauthorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The repeal is proposed under THSC, §382.002, concerning Policy and Purpose, which establishes the commission purpose to safeguard the state’s airresources, consistent with the protection of public health, general welfare, and physical property; §382.012, which authorizes the commission to develop a general, comprehensive plan forthe proper control of the state’s air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles. The proposed repeal implements THSC, §§382.002, 382.011, 382.012, and 382.019. §114.4. Mobile Emission Reduction Credit Denitions. This agency hereby certi es that the proposal has been reviewedby legal counsel and found to be within the agency’s legal authority to adopt. Filed with the Ofce of the Secretary of State on February 23, 2007. TRD-200700713 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: April 8, 2007 For further information, please call: (512) 239-5017


## SUBCHAPTER F. VEHICLE RETIREMENT AND MOBILE EMISSION REDUCTION CREDITS DIVISION 1. MOBILE EMISSION REDUCTION CREDITS 30 TAC §114.201, §114.202 (Editor’s note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the ofces of the Texas Commission on Environmental Quality or in the Texas Register of

ce, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) STATUTORY AUTHORITY The repeals are proposed under Texas Water Code (TWC), §5.102, concerning General Powers; §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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The repeals areproposed under THSC, §382.002, concerning Policy and Purpose, which establishes the commission’s purpose to safeguard the state’s air resources, consistent with the protection of public health, general welfare, and physical property; §382.012, whichauthorizes the commission to develop a general, comprehensive plan for the proper control of the state’s air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles. The proposed repeals implement THSC, §§382.002, 382.011, 382.012, and 382.019. §114.201. Mobile Emission Reduction Credit Program. §114.202. Texas Mobile Emission Reduction Credit Fund. This agency hereby certi es that the proposal has been reviewedby legal counsel and found to be within the agency’s legal authority to adopt. Filed with the Ofce of the Secretary of State on February 23, 2007. TRD-200700714 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: April 8, 2007 For further information, please call: (512) 239-5017


## SUBCHAPTER G. TRANSPORTATION PLANNING 30 TAC §114.270 STATUTORY AUTHORITY The amendment is proposed 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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes thecommission to adopt rules consistent with the policy and purposes of the TCAA; §382.002 concerning Policy and Purpose, which establishes the commission’s purpose to safeguard thestate’s air resources, consistent with the protection of public health, general welfare, and physical property; §382.011,



## PROPOSED RULES March 9, 2007 32 TexReg 1201which provides for general powers and duties under the TCAA;§382.012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state’s air; and §382.208, which authorizes the commission to work with federal, state, and local transportation planning agencies to develop and implement transportation programs and other measures necessary to demonstrate and maintain attainment of national ambient air quality standards. The amendment is also proposed under the statutory requirement for transportation conformity found in §176(c) of the 1990 Federal Clean Air Act Amendments. In addition, 40 Code of Federal Regulations (CFR) Part 51, Subpart T and Part 93, Subpart A established criteria and procedures for determining whether transportationplans, programs, and projects in nonattainment and maintenance areas conform with the state implementation plan. The proposed amendment implements THSC, §§382.002, 382.011, 382.012, 382.017, and 382.019. §114.270. Transportation Control Measures. (a) - (e) (No change.) [ ( f

) T C M s ub s ti tuti o n p ro c e s s . I f a T C M c ann o t b e i mp l e me n te d b y th e i mp l e m e n tati o n d ate s p e c i e d i n th e S IP , th e p arti e s i n th e i nte r ag e n c y c o n s u lt ati o n p ro c e s s e s t ab li s h e d u n d er § 1 1 4

. 2 6 0 o f thi s ti tl e s h al l d e termi n e w h e th er th e T C M c o nti nu e s to b e ap p ro p ri ate . Wh e n th e M P O an d th e c o mmi s s i o n c o n c u r th at a T C M i d e n tie d i n th e S I P i s n o l o n g er ap p ro p ri ate f o r an y re a s o n , t h e ag e n c i e s m ay i n iti ate th e f o l l o w i n g p ro c e s s t o i de nti f y an d ap p ro v e a s u b s ti tute T C M

. T h i s p ro c e s s i s th e o n ly w ay i n w hi c h a T C M m ay b e s u b s ti tute d

. Ap p ro v a l o f s u b s ti tu te T C M s s h al l n o t c o n s ti tu te a S I P re v i s i o n f o r th e p urp o s e o f t r an s p o rt ati o n c o n f o rmi ty w h e n th i s p ro c e s s i s f o l l o w e d

. ] [ ( 1 ) A s ub s ti tute T C M mu s t p ro v i de f o r : ] [ ( A ) e qu i v a l e nt o r g re ater e mi s s i o n s re du c ti o n s th an th e T C M t o b e re p l ac e d ; ] [ ( B ) i mp l e m e n tati o n i n th e ti m e f r am e e s t ab li s h e d f o r th e T C M i n t h e S I P

. I f th e i mp l e m e n tati o n d ate h a s al re ad y p a s s e d , me a s ure s th at re qu ire f u n di n g mu s t b e i n c l u de d i n th e r s t y e ar o f th e n e xt tr an s p o rt ati o n i mp ro v e me nt p ro g r am an d me tro p o l i t an tr an s p o rt a ti o n p l an ad o p te d b y th e M P O ; ] [ ( C ) f u l l i mp l e m e nt ati o n n o t l ater t h an tw o y e ar s f ro m th e s c h e du l e d i mp l e m e nt ati o n d ate o f th e o ri g i n al T C M i n o rder t o me e t ti m e l y T C M i mp l e me nt ati o n c ri teri a u n d er § 1 1 4

. 2 6 0 o f th i s titl e ; ] [ ( D ) e v i d e n c e o f a de qu ate p er s o nn e l , f u n di n g , an d au th o rity u n d er s t ate o r l o c al l a w t o i mp l e me n t , mo n i t o r, an d e n f o rc e th e me a s ure s i n o rd er f o r th e c o mmi s s i o n t o ap p ro v e t h e s ub s titu te T C M ; an d ] [ ( E ) e v i de n c e o f c o mmitm e nt s t o i mp l e m e nt t h e s ub s ti

tute T C M mu s t b e m a de b y t h e ag e n c y w i th l e g a l auth o ri ty f o r i mp l e me n t ati o n . ] [ ( 2 ) Th e an a l y s i s o f s ub s titu te T C M s mu s t b e c o n s i s te n t w i th th e m e th o d o l o g y u s e d f o r e v a l u ati n g T C M s i n th e S I P

. I f e mi s s i o n s m o d e l s an d/o r tr an s p o rt ati o n mo de l s h av e c h an g e d s i n c e me a s ure s i n th e S I P w e re e v a lu ate d , b o th th e T C M t o b e rep l a c e d an d th e s ub s ti tute T C M s h al l b e e v a lu ate d u s i n g th e l ate s t m o d e l i n g te c h ni qu e s t o de mo n s tr ate th at e qu i v al e n t o r g re ater e mi s s i o n s re du c ti o n s w i l l b e ac h i e v e d thro u g h i mp l e me n t ati o n o f t h e s u b s ti tute T C M

. Ke y me th o d

o l o g i e s an d a s s u mp ti o n s th at mu s t b e c o n s i s te nt are : ] [ ( A ) EP A ap p ro v e d re g i o n al an d h o t

- s p o t ( f o r c arb o n mo n o x i de an d p arti c u l ate m atter) e mi s s i o n mo d e l s ; ] [ ( B ) th e are a tr an s p o rt ati o n m o d e l ; an d ] [ ( C ) p o p u l ati o n an d e mp l o y me n t g ro w th p ro j e c ti o n s . ] [ ( 3 ) T o i de n ti f y an d e v a l u ate p o s s i b l e s ub s ti t u te T C M s , th e M P O s h a l l c o nv e n e a c o mmitte e o r w o rki n g g ro up w hi c h s h a l l c o n s u l t w i th E P A R e g i o n 6

. C o n s u l tati o n m ay b e ac c o mp l i s h e d b y s e n di n g c o p i e s o f al l dr af t an d n a l d o c u me nt s , a g e n d a s , an d rep o rt s t o E P A R e g i o n 6

. T h e c o mmi tte e o r w o rki n g g ro up s h al l i n c l u d e : ] [ ( A ) me mb er s f ro m a l l af f e c te d j uri s d i c ti o n s , i n c l u di n g l o c al ai r a g e n c i e s ; ] [ ( B ) th e c o mmi s s i o n ; an d ] [ ( C ) s t ate an d l o c a l tr an s p o rtati o n ag e n c i e s . ] [ ( 4 ) T h e M P O , th e c o mm i s s i o n , an d th e E P A R e g i o n 6 mu s t c o n c ur w i th th e ap p ro p ri ate n e s s an d e qu i v al e n c y o f th e s ub s titu te T C M

. A l l a g re e d up o n s u b s ti tute T C M s mu s t b e ad o p te d b y th e c o mm i s s i o n f o l l o w i n g th e p u b l i c c o mm e n t p eri o d an d th e E P A 1 4

- d ay c o n c urre n c e p eri o d

. ] [ ( 5 ) B e f o re th e c o mmi s s i o n ap p ro v e s a s ub s ti tute m e a s u re , th e s ub s ti t u te T C M ( s ) mu s t h av e b e e n s u b j e c t t o a p u b l i c h e ari n g an d c o mm e nt p ro c e s s c o n du c te d b y t h e c o mmi s s i o n . T h e T C M s ub s ti tu ti o n p ro c e s s p ar al l e l s t h e ru l e m aki n g an d S I P p ro c e s s e s f o r th e p u rp o s e o f p u b l i c p arti c i p ati o n ; h o w e v er, c o mmi s s i o n ap p ro v al o f a s ub s titu te T C M s h al l n o t c o n s ti tu te a S I P re v i s i o n f o r th e p u rp o s e o f tr an s p o rt a ti o n c o n f o rmi ty . T h ere mu s t b e at l e a s t o n e p u b l i c h e ari n g o n th e s u b

s ti tuti o n . T h e h e ari n g c an o nl y b e h e l d af ter re a s o n ab l e p ub l i c n o ti c e , w h i c h w i l l b e c o n s i d ere d t o b e a mi ni mu m o f 3 0 d ay s p ri o r t o th e h e ari n g . T h e p u b l i c n o ti c e s h al l i n c l u d e : ] [ ( A ) p ro mi n e n t a dv erti s i n g i n th e a f f e c te d are a an n o u n c i n g th e d ate , ti me , an d p l ac e o f th e h e ari n g ; an d ] [ ( B ) av ai l ab i l i ty o f e ac h p ro p o s e d s ub s ti tute T C M f o r p ub l i c i n s p e c ti o n i n at l e a s t o n e l o c ati o n i n th e af f e c te d are a . ] [ ( 6 ) T h e p ub l i c n o ti c e s h al l i n c l u d e a d e s c ri p ti o n o f th e s u b s ti tu te T C M an d s u p p o rti n g an al y s i s , i n c l u d i n g a s s u mp ti o n s an d m e th o d o l o g y. ] [ ( 7 ) F o l l o w i n g th e c l o s e o f t h e p ub l i c c o mm e nt p eri o d , th e c o mm i s s i o n s h a l l re s p o n d to al l c o mme n t s re c e i v e d , an d s ub mi t t o E P A R e g i o n 6 a s u mm ary o f c o mme n t s re c e i v e d du ri n g th e p u b l i c c o mme nt p eri o d al o n g w i th th e c o m mi s s i o n re s p o n s e s t o al l c o m me n t s . E P A s h al l n o ti f y t

h e c o mmi s s i o n w i th i n 1 4 d ay s o f re c e i p t o f th e s u mm ar y o f c o mme nt s an d re s p o n s e s i f i t s c o n c urre n c e w i th th e s ub s ti tute T C M h a s c h an g e d a s a re s u l t o f th e p u b l i c c o mme n t s . I f E P A f ai l s t o n o ti f y th e c o mmi s s i o n w i th i n 1 4 d ay s , E P A i s de e me d t o c o n c ur. ] [ ( 8 ) T h e T C M b e i n g rep l ac e d s h al l s t ay i n e f f e c t u nti l th e s u b s ti tu te T C M h a s b e e n ap p ro v e d

. B y ap p ro v i n g a s ub s ti t u te T C M , th e c o mmi s s i o n f o rm al l y re s c i n d s th e p re v i o u s l y ap p l i c ab l e T C M

. ] [ ( 9 ) T h e c o mmi s s i o n s h a l l m ai n t ai n d o c u m e nt ati o n o f ap p ro v e d T C M s u b s ti tu ti o n s . T h e d o c u me nt ati o n s h a l l c o n s i s t o f a d e s c rip ti o n o f th e s u b s ti tu te an d rep l ac e d T C M s , i n c l u di n g th e re qu i re m e nt s an d s c h e du l e s ; a d e s c ri p ti o n o f th e s ub s ti tuti o n p ro c e s s , i n c l u d

i n g a l i s t o f th e c o mmi tte e o r w o rki n g g ro up me mb e r s ; th e p ub l i c h e ari n g an d c o mme nt p ro c e s s ; E P A c o n c urre n c e ; an d c o mmi s s i o n ap p ro v al

. T h e d o c u me nt ati o n s h al l b e s ub mi tte d t o E P A f o l l o w i n g th e ap p ro v a l o f th e s u b s ti tute me a s u re b y th e c o mmi s s i o n an d m a de a v ai l

ab l e t o th e p ub li c a s an att ac h me nt t o th e S I P

. ] This agency hereby certi es that the proposal has been reviewedby legal counsel and found to be within the agency’s legal authority to adopt.



## 32 T exReg 1202 March 9, 2007 Texas RegisterFiled with the Ofce of the Secretary of State on February 23, 2007. TRD-200700715 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: April 8, 2007 For further information, please call: (512) 239-5017


## SUBCHAPTER K. MOBILE SOURCE INCENTIVE PROGRAMS DIVISION 2. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM 30 TAC §114.618 (Editor’s note: The text of the following section proposed for repeal will not be published. The section may be examined in the ofces of the Texas Commission on Environmental Quality or in the Texas Register of

ce, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) STATUTORY AUTHORITY The repeal is proposed under Texas Water Code (TWC), §5.102,concerning General Powers; §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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, whichauthorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The repeal is proposed under THSC, §382.002, concerning Policy and Purpose, which establishes the commission’s purpose to safeguard the state’sair resources, consistent with the protection of public health, general welfare, and physical property; §382.012, which authorizes the commission to develop a general, comprehensive plan forthe proper control of the state’s air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles. The proposed repeal implements THSC, §§382.002, 382.011, 382.012, and 382.019. §114.618. Vehicle Emissions Information Brochure. This agency hereby certi es that the proposal has been reviewedby legal counsel and found to be within the agency’s legal authority to adopt. Filed with the Ofce of the Secretary of State on February 23, 2007. TRD-200700716 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: April 8, 2007 For further information, please call: (512) 239-5017


## CHAPTER 305. CONSOLIDATED PERMITS The Texas Commission on Environmental Quality (TCEQ or commission) proposes amendments to §§305.69, 305.175, 305.571, and 305.572. BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES The federal hazardous waste program is authorized under Section 3006 of the Resource Conservation and Recovery Act (RCRA) of 1976. States may obtain authorization from the United States Environmental Protection Agency (EPA) to administer the hazardous waste program at the state level. State authorization is a rulemaking process through which EPA delegates the primary responsibility of implementing the RCRA hazardous waste program to individual states in lieu of EPA.This process ensures national consistency and minimum standards while providing  exibility to states in implementing rules. State RCRA programs must always be at least as stringent as the federal requirements. Since the beginning of the federal hazardous waste program, the State of Texas has continuously exercised its prerogative to participate in the EPA’s authorization program. Texas received authorization of its hazardous waste "base program" under the RCRA on December 26, 1984. Texas received authorization for revisions to its base hazardous waste program for Clusters I and II on February 17, 1987. Texas submitted further revisions to its hazardous waste program and received nal authorization ofClusters III through X on March 15, 1990, July 23, 1990, October 21, 1991, December 4, 1992, June 27, 1994, November 26, 1997, October 18, 1999, September 11, 2000, and June 14, 2005.To maintain authorization, the commission must adopt regulations that meet the minimum standards of federal programs administered by EPA. Because the federal regulations undergo regular revision, the commission adopts new regulations to meet the changing federal regulations. The commission must adopt rule amendments that implement certain mandatory revisions to the federal hazardous waste program, which were made by EPA after May 14, 2001. In order for the State of Texas to maintain its RCRA authorization and continue to receive federal funding for the program, the mandatory federal rule changes in RCRA Rule Clusters XI, XII, XIII, and XV must be incorporated into state rules. This rulemaking includes the mandatory parts of RCRA RuleClusters XI, XII, XIII, and XV. Establishing equivalency with federal regulations will enable the State of Texas to increase its level of authorization to operate aspects of the federal hazardouswaste program in lieu of the EPA. Additionally, the timely adoption of these federal rules allows the commission to continue receiving special project funding through the EPA Performance Partnership Grant. The Hazardous Waste Combustion Maximum Achievable Control Technology (MACT) regulations are multi-media at the federal and state level, affecting both air quality and hazardous waste management. The TCEQ has already adopted certain parts of Title 40 Code of Federal Regulations (CFR) Part 63, Subpart EEE (i.e., the Hazardous Waste Combustion MACT rules) prior to this rulemaking under air quality regulations at Title 30 Texas Administrative Code (TAC) Chapter 113. This rulemaking includes other parts of the federal combustion MACT program, which are encoded at 40 CFR Parts 264, 265, 266, and 270. The proposed changes related to air quality



## PROPOSED RULES March 9, 2007 32 TexReg 1203

# WRITTEN AND ORAL TESTIMONY

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

Submitted by United States Environmental Protection Agency

### Ms. Joyce Spencer UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALlAS, 

### TX 75202-2733 

### April 5, 2007

Office of Legal Services, MC 205 Texas Conunission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087
Re: Rule Project Number 2006-050-114-EN
Dear Ms. Spencer:
We received from your office on February 27,2007, 

## a package containing proposed revisions to the State Implementation Plan (SIP) for mobile source requirements. These proposed revisions would repeal certain elements of the SIP 

### in response to implementation of federal 

### and state legislation, 

### as follows:
1. The 2005 Safe, Accountable, Flexible, Efficient, Transportation Equity Act- 

## a Legacy for Users (SAFETEA-LU), included provisions for the substitution of Transportation Control :Measures (TCM). The 

### statutory language now 

## in the Clean 

### Air Act as a result of SAFETEA-LU renders the state's TCM substitution rule obsolete. We support the repeal of30 TAC 114.270(f).
2. 

### In 2005, the 79 111 

### Texas Legislature enacted Senate 

## Bill 1032, which repealed the

. Mobile Emission Reduction Credit (MERC) program. This SIP proposal serves to repeal the remaining elements 

### of the Texas Clean Fleet program, whlch was itself previously repealed by state statute. We do not oppose the repeal of 30 T AC 114.1(13), 30 TAC 114.4, 30 TAC 114.201, or 30 TAC 114.202.
3. hl2003, the 78 1 h 

### Texas Legislature enacted House 

### Bill 1365, thus removing the requirement that automobile manufacturers publish annually a brochure listing eligible vehicles for the Texas Clean Fleet. 

### This proposal eliminates 

### this requirement from 

### the 

## SIP. We do not oppose repeal of30 TAC 114.618.
Thank you for the opportunity to comment on these SIP revisions. Please contact me or Ms. Peggy Wade of my staff at 214-665-7247 

### if we may be off further assistance. Sincerely yours,**~** 

### ,

## ~ti~\0€ Thomas 

### H. Diggs Chief Air Planning Section

Rocycled/Recyclable • Printed with Vegetable Oil Based inks on 100% Reqcied Paper (40% Postconsumer)

### INDEX OF ORAL TESTIMONY

No oral testimony was received pertaining to this proposal.

# EVALUATION OF TESTIMONY

### To: Commissioners Date: June 8, 2007 

### Thru: LaDonna Castafiuela, Chief Clerk Glenn Shankle, Executive Director
From: David C. Schanbacher, P.E., Chief Engineer 

# \JC) Chief Engineer's Office

Docket No.: 2006-2162-RUL Subject: Commission Approval for Rulemaking Adoption Chapter 114, Control of Air Pollution from Motor Vehicles Transportation

- Air Quality Revisions Rule Project No. 2006-050-114-EN

Reasons for the rule package:
This rulemaking aligns certain transportation-related air quality rules and definitions in 30 T AC Chapter 114 with recent state and federal statutory changes by repealing or amending the following provisions.

• Mobile emission reduction credit program and fund. Senate Bill 103 2 by the 79th Legislature, 2005: (1) repealed the mobile emission reduction credit program and fund, i.e., 30 TAC §114.201 and § 114.202, (2) amended 30 T AC § 114.1 by repealing the definition of mobile emission reduction credit, and (3) repealed 30 T AC § 114.4, mobile emission reduction credit definitions. The adoption of this rulemaking repeals these sections. (Note: Repeal of these rules will not impact the Mobile Discrete Emissions Reduction Credit Program, implemented per 30 TAC § 10 1.374.)

• Transportation Control Measures (TCM) substitution. The federal surface transportation reauthorization act, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), established a transportation control measure substitution process, eliminating the need for a United States Environmental Protection Agency-approved state process, i.e., 30 T AC 

### § 114.270(f). SAFETEA-LU states that if there is a conflict between an approved state mechanism and the provisions contained in SAFETEA-LU, the area must follow the requirement contained in SAFETEA-LU.

• Vehicle emission information brochure. House Bill 1365 by the 78th Legislature, 2003, repealed tl1e requirement for vehicle manufacturers to publish and distribute a brochure annually, i.e., 30 TAC § 114.618. The adoption of this rulemaking repeals this section.
Under what authority are we adopting these changes? The rules 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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general

### Commissioners Page 2 June 8, 2007
Re: Docket No. 2006-2162-RUL

powers and duties under the TCAA; §382. 012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state's air; §382.208, which authorizes the commission to work with federal, state, and local transportation planning agencies to develop and implement transportation programs and other measures necessary to demonstrate and maintain attainment of national ambient air quality standards. The rules are also adopted under the statutory requirement for transportation conformity found in §176(c) of the 1990 Federal Clean Air Act Amendments. In addition, 40 Code of Federal Regulations (CFR) Part 51, Subpart T and Part 93, Subpart A established criteria and procedures for determining whether transportation plans, programs, and projects in nonattainment and maintenance areas conform with the state implementation plan.

Is this rulemaking required by federal rule or state statute? Which ones? No.
Are there any legal deadlines by which these rules must be adopted or effective? No.
What issue(s) or problem(s) are we trying to solve? The adopted rulemaking aligns certain transportation-related air quality rules and definitions with state and federal statutes. Why is it important that we do this rule package? The adopted rulemaking clarifies requirements by aligning certain transportation-related air quality rules and definitions with recent changes to state and federal statutes that have made these requirements no longer necessary. Other important background or historical information. None. Scope of the rulemaking:
This adopted rulemaking aligns certain transportation air quality-related rules and definitions in 30 TAC Chapter 114 with state and federal statutes by repealing or amending the following provisions and associated definitions: mobile emissions reduction credit program and fund, TCM substitution, and the vehicle emission information brochure. Changes required by federal rule: None. Changes required by state statute: None.
Staff recommendations that are not expressly required by federal rule or state statute: None.

Impact on the regulated community:
Who will be affected? No one.
Does it create a group of affected persons who were not affected previously? How? No new group or persons are affected because the revisions are already a matter of Ia w.

### Commissioners Page 3 June 8, 2007
Re: Docket No. 2006-2162-RUL
Will there be a fiscal impact? If 

### so, estimate. No. Impact on the public:
Who will be affected? No one. Does it create a group of affected persons who were not affected previously? How? No.
Will there be a fiscal impact? If 

### so, estimate. None. Impact on agency programs: No impact because the revisions are already a matter of law.
Stakeholder meetings:
Have any stakeholder meetings been held? No.
With whom? Not applicable.
What were the general sentiments? Not applicable.
Were any changes made in response to stakeholder concerns? Not applicable. Policy issues:
What policy issues are affected? None.
Are any policies that are not currently based on rule being made into a rule? No.
What are the consequences if this rulemaking is not approved to go forward? None.
Are there alternatives? The commission could choose not to adopt these revisions. Potentially controversial matters:
Staff is unaware of any controversial issues regarding these revisions. Key points in adoption rulemaking schedule:
Texas Register 

### proposal publication date: March 9, 2007 Anticipated effective date: July 19, 2007 Six-month Texas Register 

### filing deadline: September 10, 2007

### Commissioners Page 4 June 8, 2007
Re: Docket No. 2006-2162-RUL


### Public comment:
No oral comments were received during the public hearing which was held on April 3, 2007. Written comments were received from the Environmental Protection Agency (EPA). EPA supported the commission's proposed actions in implementing state and federal statutes. 

### Significant changes from proposal:
No significant changes from proposal have been included in this adoption. 

### Agency contacts:
Santos Olivarez, Rule Project Manager, 239-4718, Air Quality Division John Minter, Staff Attorney, 239-0663 Lisa Martin, Texas Register Coordinator, 239-1966
Attachments

cc: Chief Clerk, 5 copies Executive Director's Office David C. Schanbacher, P.E. Jason Skaggs Ashley 

### K. Wadick Becky Walker Office of General Counsel Susana M. Hildebrand, P.E. Santos Olivarez Lisa Martin

cc (without attachments): John Minter, Staff Attorney Kerry Howard, Program Office Liaison Theresa Pella, Division Liaison Booker Harrison, OLS Liaison Russ Kimble, OLS Margie McAllister, Team Leader

### EVALUATION OF TESTIMONY

The Texas Commission on Environmental Quality (commission) adopts amendments to 30 TAC §114.1 and §114.270, and the repeal of§§114.4, 114.201, 114.202, and 114.618. Section 114.270 is adopted with changes to the text as published in the March 9, 2007, issue of the Texas Register 

### (32 TexReg 1197). Sections 114.1, 114.4, 114.201, 114.202 and 114.618 are adopted without changes to the proposed text and, therefore, will not be republished. The adopted revisions 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 This rulemaking aligns certain transportation-air quality rules and definitions with state and federal statutes by repealing the following rules: the Mobile Emission Reduction Credit (MERC)
program and associated fund and definitions, the Light-Duty Motor Vehicle Purchase or Lease Incentive Program Vehicle Emissions Information Brochure, and the Transportation Control Measures (TCM) Substitution Process. These provisions were either repealed by state statute

or superseded by federal statute.

The 1990 Federal Clean Air Act (FCAA) Amendments, §182(c)(4), required states to either adopt the Federal Clean Fuel Fleet (FCFF) program outlined in FCAA, §246, or implement a program that demonstrates long-term reductions in ozone-producing and toxic air emissions equal to those achieved under the FCFF program. The FCFF program requires federal, state, and local governments, and private fleets to purchase low-emission vehicles (LEVs) in areas classified by the EPA as being in serious, severe, or extreme nonattainment of the national ambient air quality standards (NAAQS) for ozone and carbon monoxide (CO).

The State of Texas, in a committal Sl P revision submitted to the EPA on November 15, 1992, opted out of the FCFF program in order to implement a fleet emission control program designed

### by the state. In 1994 the commission submitted the state's opt-out program in a SIP revision to the EPA and adopted rules to implement the Texas Alternative Fuel Fleet (TAFF) program as a substitute to the FCFF program in the areas of Texas classified by EPA as being in serious,
severe, or extreme nonattainment of the NAAQS for ozone or CO.

In 1995 the 74th Texas Legislature modified the state's alternative fuels program (Texas Health and Safety Code, Chapter 382, Subchapter F) through the passage of Senate Bill 200 (SB 200). The legislature facilitated fuel neutrality through the incorporation of the federal low emission vehicle (LEV) standards regardless of fuel type for certain affected fleets. The legislation required the commission to adopt regulations to implement the revised program. The commission adopted regulations that established the Texas Clean Fleet (TCF) program. In 1997 the 75th Texas Legislature further modified the state's alternative fuels program through the passage of Senate Bill681 (SB 681). SB 681 removed the commission's authority to require the program in moderate nonattainment areas, limited the commission's authority to the seriolfs and above ozone nonattainment areas, and modified the state's alternative fuels
program. The basic requirement of LEV purchases was retained, but the implementation schedule was modified. SB 681 required the commission to adopt regulations to implement the
program as modified by the legislation.

MERCs were part of the commission's TCF economic incentive program to help reduce vehicle emissions of volatile organic compounds (VOC) and nitrogen oxides (NOx). The program was intended to provide additional flexibility for business, develop innovative strategies to control mobile source emissions, and reduce the cost of compliance with the FCAA. MERCs were enforceable, permanent, and quantifiable emission reductions generated by a mobile source through the TCF program. Emission reductions that remain after an entity satisfied their requirements could be banked as credits.

2

### In 2005 the 79th Texas Legislature passed Senate Bill 1032 (SB 1 032), which repealed TCF in its entirety. This action also repealed the MERC program, MERC fund, and corresponding definitions. On April 26, 2006, the commission adopted the repeal of the TCF program as directed by SB 1032. This rulemaking repeals the remaining program elements, including the MERC program.

In 2001 the 77th Texas Legislature (2001) passed Senate Bill 5 (SB 5) establishing the Texas Emission Reduction Plan (TERP), which provided financial incentives for reducing emissions of on-road and non-road motor vehicles and equipment, grants for the development of new emission control technology, new building energy efficiency standards, and research and development programs. SB 5 programs were estimated to achieve reductions in excess of the reductions expected from the rules that were being repealed. In accordance with SB 5, the
state implementation plan (SIP) was revised to replace certain rules with TERP. The adopted TERP rules established a state-wide incentive program for the purchase of new on-road diesel vehicles and light-duty motor vehicles that met emission standards more stringent than those required by federal requirements.

As a result of these new rules, a new §114.618 was adopted in August 2001, which required vehicle manufacturers to publish a brochure of eligible incentive vehicles by September 1 of each year. This brochure is also required to be submitted to the executive director, or his designee, by the same date.

House Bill 1365 (HB 1365) by the 78th Legislature (2003) repealed the requirement for vehicle manufacturers to publish and distribute a brochure annually. This adopted rulemaking repeals the rule implementing this requirement.

The federal surface transportation reauthorization act, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), established a transportation

3

### control measure substitution process, eliminating the requirement for an EPA-approved state
process as found in 30 TAC §114.270(f), relating to the TCM Substitution Process. The federal SAFETEA-LU transportation control measure substitution process replaces and supersedes the
state process. This adoption repeals the state section because it is no longer necessary. Because the federal process is largely based on the Texas process, no change is expected to

occur in the state as a result of this revision.

SECTION BY SECTION DISCUSSION The adoption amends, without changes from proposal, §114.1 in Subchapter A and §114.270 in Subchapter G; and repeals §114.4 in Subchapter A; §114.201 and §114.202 in Subchapter F; and §114.618 in Subchapter K.

§114. 1 (13) and § 114. 4. Subchapter A, Definitions. 

### The adoption amends §114.1 by repealing the definition of MERC in §114.1 (13) and repeals the MERC definitions found in §114.4. These sections were elements of the TCF program, which

was repealed by the commission on April 26, 2006, in accordance with SB 1032 following a repeal by the legislature in 2005, SB 1 032. The legislative repeal made these program definitions no longer necessary. Current definitions in §114.1 (14) through (18) will be renumbered (13) through (17).

§114.201 and §114.202. Subchapter F, Division 1, Mobile Emission Reduction Credit Program. 

### The adoption repeals the MERC program found in §114.201 and the MERC fund found in §114.202. Both of these sections were program elements of the TCF program, which was repealed by the commission on April 26, 2006, following enactment of SB 1 032 in 2005, which repealed the TCF program. The legislative repeal made this program no longer necessary.

§114.270. Subchapter 

### G, Transportation Control Measures.

4

### The adoption amends §114.270 by deleting §114.270(f), the TCM substitution process. Thereauthorization of the SAFETEA-LU eliminated the requirement for an EPA-approved state process for approving TCM substitutions. The provisions of the SAFETEA-LU establish that if there is a conflict between an approved state process and the approval process contained in the SAFETEA-LU, the state must follow the requirements found in the SAFETEA-LU. This adoption also strikes language in subsection (a). Subsequent to the close of the public comment period, the commission determined that language in subsection (a), referring to the now-deleted TCM substitution process in subsection (f), should be stricken in order to provide consistency in the rule and avoid confusion.



### §114.618. SubchapterK, Vehicle Emissions Information Brochure. The adopted rulemaking repeals the requirement of §114.618 that requires automobile manufacturers to publish a brochure annually and submit it to the TCEQ by September 1st of
every year. The adoption repeals this requirement at the directive of HB 1365, 78th Legislature (2003).

FINAL REGULATORY IMPACT ANALYSIS DETERMINATION The commission reviewed the rulemaking in light of the regulatory analysis requirements of Texas Government Code, §2001.0225, and determined the rules do not meet the definition of a "major environmental rule." Under Texas Government Code, §2001.0225, "major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure, and that may adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. Furthermore, it does not meet any of the four applicability requirements listed in §2001.0225(a). Section 2001.0225 applies only to

a major environmental rule which 1) exceeds a standard set by federal law, unless the rule is specifically required by state law; 2) exceeds an express requirement of state law, unless the rule is specifically required by federal law; 3) exceeds a requirement of a delegation agreement

5

### or contract between the state and an agency or representative of the federal government to implement a state and federal program; or 4) adopts a rule solely under the general powers of the agency instead of under a specific state law. The adopted rulemaking removes various outdated requirements and aligns state rules with federal and state statutes as described in the BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES and SECTION BY SECTION DISCUSSION sections above. Because the adopted rules are not specifically intended to protect the environment or reduce risks to human health from environmental exposure but to remove outdated rules making state rules consistent with state and federal statutes, this adopted rulemaking is not a major environmental rule and does not
meet any of the four applicability requirements. Because these adopted rules remove requirements, they do not result in any new requirements and should not adversely affect in a material way the economy, a sector of the economy, productivity, competition, or jobs. The commission solicited public comment regarding this draft regulatory impact analysis determination. No comments were received on the draft regulatory impact analysis determination.

TAKINGS IMPACT ASSESSMENT The commission evaluated these rules and performed an assessment of whether Texas Government Code, Chapter 2007 is applicable. The commission's assessment indicates Texas Government Code, Chapter 2007 does not apply to these adopted amendments because this action discontinues requirements as described in the BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES and SECTION BY SECTION DISCUSSION sections of this preamble. Also, the adopted rules remove various outdated requirements and align state rules with federal and state statutes. Promulgation and enforcement of these amendments will be neither a statutory or constitutional taking of private real property. Specifically, the adopted amendments do not affect a landowner's rights in private real property, because this rulemaking action does not burden, restrict, nor limit the owner's rights to property

6

### or reduce its value by 25% or more beyond which would otherwise exist in the absence of the adopted regulations.

CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM The commission reviewed the adopted rulemaking and found the adoption is a rulemaking identified in the Coastal Coordination Act Implementation Rules, 31 TAC §505.11 (b)(4), concerning rules subject to the Texas Coastal Management Program (CMP), and , therefore, required that goals and policies of the CMP be considered during the rulemaking process. The commission reviewed this rulemaking for consistency with the CMP goals and policies in accordance with the regulations of the Coastal Coordination Council and determined that the rulemaking is editorial and procedural in nature and will have no substantive effect on commission actions subject to the CMP and is, therefore, consistent with CMP goals and policies. The commission invited public comment regarding the consistency of the rules with the CMP. No comments were received regarding the consistency of the rules with the CMP.

PUBLIC COMMENT The proposal was published in the March 9, 2007, issue of the Texas Register 

### (32 TexReg 1197). The commission held a public hearing on April 3, 2007, in Austin. The comment period closed on April 9, 2007. The commission received comments from only the Environmental Protection Agency (EPA).

RESPONSE TO COMMENTS
EPA supported the commission's proposed repeals in response to implementation of federal and state legislation. EPA commented that statutory language now in the Clean Air Act as a result of SAFETEA-LU rendered the commission's TCM rule obsolete and therefore, supported the repeal of 30 TAC §114.270(f). EPA commented that they did not oppose the repeal of the MERCs program or the requirement that automobile manufacturers publish annually a brochure listing vehicles' emissions standards since both actions were implementation of state legislation.

7

### The commission did not make any changes to the rule in response to this comment. The rulemaking aligns certain transportation-air quality requirements with federal and state legislation and statutes. The commission appreciates EPA's support in this action.

8

# STAFF RECOMMENDATIONS

### STATUTORY AUTHORITY SUBCHAPTER A: DEFINITIONS §114.1

The amendment is adopted under Texas Water Code (TWC), §5.1 02, concerning General Powers; §5.1 03, which authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC; and under Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and
purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The amendment is adopted under THSC, §382.002, concerning Policy and Purpose, which establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; §382.012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state's air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles.

The adopted amendment implements THSC, §§382.002, 382.011,382.012, and 382.019.

§114.1. Definitions.

Unless specifically defined in Texas Health and Safety Code, Chapter 382, also known as the Texas Clean Air Act (TCAA) or in the rules of the commission, the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by the TCAA, the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Dual-fuel vehicle--Any motor vehicle or motor vehicle engine engineered and designed to be operated on two different fuels, but not a mixture of the two.

### (2) Emergency vehicle--A vehicle defined as an authorized emergency vehicle according to Texas Transportation Code, §541.201 (1 ).

(3) Emissions-- The emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, particulate, or any combination of these substances.

(4) First safety inspection certificate--Initial Texas Department of Public Safety (DPS) certificates issued through DPS certified inspection stations for every new vehicle found to be in compliance with the rules and regulations governing safety inspections.

(5) Gross vehicle weight rating--The value specified by the manufacturer as the maximum design loaded weight of a vehicle. This is the weight as expressed on the vehicle's registration, and includes the weight the vehicle can carry or draw.

(6) Heavy-duty vehicle--Any passenger vehicle or truck capable of transporting people, equipment, or cargo, that has a gross vehicle weight rating (G\NVR) greater than 8,500 pounds, and is required to be registered under Texas Transportation Code, §502.002. For purposes of the mobile emission reduction credit trading program the heavy-duty class is divided into the following subclasses:

(A) Light heavy-duty vehicle--Any passenger vehicle or truck capable of transporting people, equipment, or cargo that has a G\NVR greater than 8,500 pounds, but less than or equal to 10,000 pounds.

(B) Medium heavy-duty vehicle--Any passenger vehicle or truck capable of transporting people, equipment, or cargo that has a G\NVR greater than 10,000 pounds, but less than or equal to 19,500 pounds.



### 2

### (C) Heavy heavy-duty vehicle--Any passenger vehicle or truck capable of transporting people, equipment, or cargo that has a GVWR greater than 19,500 pounds.

(7) Inherently low emission vehicle--A vehicle as defined by 40 Code of Federal Regulations, Part 88.

(8) Law enforcement vehicle--Any vehicle controlled by a local government and primarily operated by a civilian or military police officer or sheriff, or by state highway patrols, or other similar law enforcement agencies, and which is used for the purpose of law enforcement activities including, but not limited to, chase, apprehension, surveillance, or patrol of people engaged in or potentially engaged in unlawful activities.

(9) Light-duty vehicle--Any passenger vehicle or truck capable of transporting people, equipment, or cargo, that has a gross vehicle weight rating (GVWR) less than or equal to 8,500 pounds, and registered or required to be registered under Texas Transportation Code, §502.002. For purposes of the mobile emission reduction credit trading program the light-duty class is divided into the following subclasses:

(A) Light-duty vehicle--Any passenger vehicle capable of seating 12 or fewer
passengers that has a GVWR less than or equal to 6,000 pounds.

(B) Light-duty truck 1--Any passenger truck capable of transporting people, equipment, or cargo, that has a GVWR less than or equal to 6,000 pounds.

(C) Light-duty truck 2--Any passenger truck capable of transporting people, equipment, or cargo, that has a GVWR greater than 6,000 pounds, but less than or equal to 8,500 pounds.

3

### ( 10) Loaded mode inspection and maintenance test--A measurement of the tailpipe exhaust emissions of a vehicle while the drive wheel rotates on a dynamometer, which simulates the full weight of the vehicle driving down a level roadway. Loaded test equipment specifications shall meet United States Environmental Protection Agency requirements for acceleration simulation mode equipment.

( 11) Low emission vehicle (LEV)--A vehicle in a class or category of vehicles that has been certified by the United States Environmental Protection Agency for any model year to meet:

(A) the LEV standards applicable under 42 United States Code, Part C, Subchapter II, §§7581 et seq.; 

### or

(B) emission limits at least as stringent as the applicable LEV standards for the Federal Clean Fuel Fleet program under 40 Code of Federal Regulations §§88.104-94, 88.105-94, and 88.311-93, as published in the Federal Register 

### on September 30, 1994 (59 FR 50042).

(12) Mass transit authority--A transportation or transit authority or department established under Chapter 141, 63rd Legislature (1973), as defined in Texas Transportation Code, Chapters 451- 453 (relating to Metropolitan Rapid Transit Authorities, Regional Transportation Authorities, and Municipal Transit Departments), that operates a mass transit system under any of those laws.

( 13) Reformulated gasoline--Gasoline that has been certified as a reformulated gasoline under the federal certification regulations adopted in accordance with 42 United States Code, §7545(k).

(14) Texas Inspection and Maintenance State Implementation Plan--The portion of the Texas state implementation plan that includes the procedures and requirements of the vehicle



### 4

### emissions inspection and maintenance program as adopted by the commission May 29, 1996, in accordance with 40 Code of Federal Regulations Part 51, Subpart S, issued November 5, 1992; the United States Environmental Protection Agency flexibility amendments dated September 18, 1995; and the National Highway Systems Designation Act of 1995. A copy of the Texas Inspection and Maintenance State Implementation Plan is available at the Texas Commission on Environmental Quality, 12100 Park 35 Circle, Austin, Texas, 78753; mailing address: P.O. Box 13087, MC 166, Austin, Texas 78711-3087.

(15) Tier I federal emission standards--The standards are defined in 42 United States Code, §7521, and in 40 Code of Federal Regulations, Part 86. The phase-in of these standards began in model year 1994.

(16) Ultra low emission vehicle--A vehicle as defined by 40 Code of Federal Regulations, Part 88.

(17) Zero emission vehicle--A vehicle as defined by 40 Code of Federal Regulations, Part 88.



### 5

### STATUTORY AUTHORITY SUBCHAPTER A: DEFINITIONS §114.4

The repeal is adopted under Texas Water Code (TWC), §5.1 02, concerning General Powers; §5.1 03, which authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC; and under Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The repeal is adopted under THSC, §382.002, concerning Policy and Purpose, which establishes the commission purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; §382.012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state's air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles.

The adopted repeal implements THSC, §§382.002, 382.011, 382.012, and 382.019.

§114.4. Mobile Emission Reduction Credit Definitions.



### 6

### SUBCHAPTER F: VEHICLE RETIREMENT AND MOBILE EMISSION REDUCTION CREDITS DIVISION 1: MOBILE EMISSION REDUCTION CREDITS §114.201' §114.202

STATUTORY AUTHORITY The repeals are adopted under Texas Water Code (TWC), §5.1 02, concerning General Powers; §5.1 03, which authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC; and under Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The repeals are adopted under THSC, §382.002, concerning Policy and Purpose, which establishes the commission's
purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; §382.012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state's air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles.

The adopted repeals implement THSC, §§382.002, 382.011, 382.012, and 382.019.



### §114.201. Mobile Emission Reduction Credit Program.

§114.202. Texas Mobile Emission Reduction Credit Fund.

7

### SUBCHAPTER G: TRANSPORTATION PLANNING §114.270

STATUTORY AUTHORITY The amendment is adopted under Texas Water Code (TWC}, §5.1 03, which authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC; and under Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes the commission
to adopt rules consistent with the policy and purposes of the TCAA; §382.002 concerning Policy and Purpose, which 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, which provides for general powers and duties under the TCAA; §382.012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state's air; and §382.208, which authorizes the commission to work with federal, state, and local transportation planning agencies to develop and implement transportation programs and other measures necessary to demonstrate and maintain attainment of national ambient air quality standards. The amendment is also adopted under the statutory requirement for transportation conformity found in §176( c) of the 1990 Federal Clean Air Act Amendments. In addition, 40 Code of Federal Regulations (CFR) Part 51, Subpart T and Part 93, Subpart A established criteria and procedures for determining whether transportation plans, programs, and projects in nonattainment and maintenance areas conform with the state implementation plan.

The adopted amendment implements THSC, §§382.002, 382.011,382.012,382.017, and 382.019.



### §114.270. Transportation Control Measures.

(a) Purpose. The purpose of this section is to implement requirements relating to transportation control measures (TCMs). These requirements address the roles and responsibilities of the metropolitan planning organizations (MPOs)**an~** 

### implementing transportation agencies in nonattainment and maintenance areas.



### 8

### (b) Applicability. This section applies to MPOs and agencies that implement TCMs in designated nonattainment or maintenance areas. The affected nonattainment and maintenance areas are listed in §101.1 of this title (relating to Definitions).

(c) General. All TCMs shall be developed, coordinated, funded, approved, implemented, tracked, evaluated, and monitored in accordance with §114.260 of this title (relating to Transportation Conformity); Title 40 Code of Federal Regulations, Part 93 (Conformity to State or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 USC or the Federal Transit Laws, as amended); the Federal Clean Air Act, 42 United States Code, 1970, as amended; and the EPA TCM SIP approval criteria listed in the EPA guidance document "Transportation Control Measures: State Implementation Plan Guidance," EPA 450/2-89- 020, September 1990.

(d) MPO responsibilities. The 1\/IPO shall:

(1) ensure that all responsibilities required by subsection (c) of this section are fulfilled;

(2) maintain, on a rolling basis, complete and accurate records of all TCMs for at least five years. TCM records shall be sufficient to accurately reflect the effectiveness of the TCM program and shall include the following:

(A) the annual status of the implementation of the TCM, including quantification of progress;

(B) an annual estimate of the funding and other resources expended toward implementing the TCM, and a comparison of the actual and projected expenditures;



### 9

### (C) an annual estimate of the emission reductions achieved from implementation of the TCM, and a comparison of the actual and projected reductions; and

(D) any modifications to the TCM since the last annual report and/or projected modifications for the next reporting period to compensate for a shortfall in the implementation of the TCM

. or in the associated emissions reductions; and

(3) make such records available to representatives of the commission, the EPA, the Federal Highway Administration, the Federal Transit Administration, the Texas Department of Transportation, local air pollution agencies having jurisdiction in the area, and the public, upon request;

(e) Implementing agency responsibilities. The implementing agency shall have the responsibility
to:

(1) ensure that all responsibilities required by subsection (c) of this section are fulfilled; and

(2) provide to the MPO upon request:

(A) a complete description of the TCMs and their associated estimated emission
reduction benefits;

(B) evidence that the TCMs were properly adopted by a jurisdiction with legal authority to commit to and execute the program;

(C) evidence that funding has been, or will be, obligated to implement the TCMs; and



### 10

### (D) a description of the monitoring program to assess the TCM effectiveness.



### 11

### SUBCHAPTER K: MOBILE SOURCE INCENTIVE PROGRAMS DIVISION 2: LIGHT -DUTY MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM §114.618

STATUTORY AUTHORITY The repeal is adopted under Texas Water Code (TWC), §5.1 02, concerning General Powers; §5.1 03, which authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC; and under Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The repeal is adopted under THSC, §382.002, concerning Policy and Purpose, which establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; §382.012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state's air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles.

The adopted repeal implements THSC, §§382.002, 382.011, 382.012, and 382.019.



### §114.618. Vehicle Emissions Information Brochure.

12

## TExAs CoMMISSION ON ENVIRONMENTAL QuALITY

# t~~PfR~s 1 hereby certify that this i;; a true ano**corr~** copy 

### of a Texas Commission on Environmental Quality docull18fl!. which is filed in the permanent records of the CommissiOn. Given un er my hand and the seal of office on

# d:zfi/,J(/UA/.(iJI/t&iiJP-~.....,A......:7._.._: 

# ,200 

# 7

ORDER ADOPTING AMENDED AND REPEALED RULES AND REVISIONS TO THE STATE IMPLEMENTATION PLAN

Docket No. 2006-216:2rRUL

On June 27, 2007, the Texas Commission on Environmental Quality (Commission), during a public meeting, considered adoption of amendments to§§ 114.1 and 114.270 and the repeal of§§ 114.4, 114.201, 114.202 and 114.618. The Commission adopts these amendments and repeals, in Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan (SIP). This rulemaking aligns certain transportation-air quality rules and definitions with state and federal statutes by repealing the following rules: the Mobile Emission Reduction Credit (MERC) program and associated fund and definitions, the Light-Duty Motor Vehicle Purchase or Lease Incentive Program Vehicle Emissions Information Brochure, and the Transportation Control Measures (TCM) Substitution Process. Under Tex. Health & 

### Safety Code Ann. 

### §§ 382.011, 382.012, 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 rules were published for comment in the March 9, 2007 issue of the 

## Texas Register (32 TexReg 1197).
Pursuant to Tex. Health & 

### Safety Code Ann. 

### § 382.017 (Vernon 2001), Tex. Gov't Code Chapter 2001 (Vernon 2000 & 

### Vernon Supp. 2005), and 40 Code of Federal Regulations 

### § 51.102, and after proper notice, the Commission conducted a public hearing to consider the amended and repealed rules and revisions to 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, Texas on April 3, 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 recmmnendations on the proposed amended and repealed rules and SIP revisions, either orally or in writing, at the hearing or during the comment period. Prior to the scheduled hearing, copies of the proposed amended and repealed rules and SIP revisions were available for public inspection at the Conunission's central office and on the Commission's Web site. Data, views, and recommendations of interested persons regarding the proposed amended and repealed rules and SIP revisions were submitted to the Cmmnission during the comment period, and were considered by the Commission as reflected in the analysis of testimony incorporated by reference to this Order. The Commission finds that the analysis of testimony includes the names of all interested groups or

### associations offering comment on the proposed amended and repealed rules and the SIP revisions and their position concerning the same.

. IT IS THEREFORE ORDERED BY THE COMMISSION that the amended and repealed rules and
:

## reyisfo.~s to the SIP incorporated by reference to this Order are hereby adopted. The Commission further

authorizes staff to make any non-substantive revisions to the rules necessary to comply with 

### Texas Register requirements. The adopted rules and the preamble to the adopted rules and the revisions 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 Chairman should transmit a copy of this Order, together with the adopted rules and revisions to the SIP, to the Regional Administrator of EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act, § 

### 110, codified at 42 U.S. Code Ann. §§ 

### 7401

- 7671q, as amended.
This Order constitutes the Order of the Commission required by the Administrative 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 competent jurisdiction, the invalidity of any portion shall not affect the validity of the remaining portions.

Date issued: 

# JUL 13 2007 TEXAS COMMISSION ON EN IRONMENTAL QUALITY 

# u·PUBLIC COMMENT No comments were received. STATUTORY AUTHORITY The amendment is adopted under Texas Water Code, §5.013,concerning General Jurisdiction of the commission, which establishes the commission’s general authority to carry out its jurisdiction; §5.102, concerning the commission’s General Powers, including calling and holding hearings and issuing orders; §5.103, concerning Rules, which requires the commission to adopt rules when amending any agency statement of general applicability that describes the procedures or practice requirements of anagency; and §5.105, concerning General Policy, which authorize the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; and §5.228,which establishes the executive director’s authority to participate in contested case hearings. Additionally, the amendment isadopted under Texas Government Code, §2001.004, concerning Requirement to Adopt Rules of Practice and Index Rules, Orders and Decisions, which requires state agencies to adopt rules of practice and procedure. The amendment implements Texas Water Code, §5.228. This agency hereby certi es 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 Ofce of the Secretary of State on June 29, 2007. TRD-200702755 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: July 19, 2007 Proposal publication date: February 23, 2007 For further information, please call: (512) 239-6087


## CHAPTER 114. CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES The Texas Commission on Environmental Quality (commission) adopts amendments to 30 TAC §114.1 and §114.270, and the repeal of §§114.4, 114.201, 114.202, and 114.618. Section 114.270 is adopted with changes to the text as published in the March 9, 2007, issue of the Texas Register (32 TexReg 1197). Sections 114.1, 114.4, 114.201, 114.202 and 114.618 are adopted without changes to the proposal and, therefore, will not be republished. The adopted revisions 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 This rulemaking aligns certain transportation-air quality rules and de nitions with state and federal statutes by repealing the following rules: the Mobile Emission Reduction Credit (MERC) program and associated fund and de nitions, the Light-Duty Motor Vehicle Purchase or Lease Incentive Program Vehicle Emissions Information Brochure, and the Transportation Control Measures(TCM) Substitution Process. These provisions were either repealed by state statute or superseded by federal statute. The 1990 Federal Clean Air Act (FCAA) Amendments, §182(c)(4), required states to either adopt the Federal CleanFuel Fleet (FCFF) program outlined in FCAA, §246, or implement a program that demonstrates long-term reductions in ozone-producing and toxic air emissions equal to those achieved under the FCFF program. The FCFF program requires federal, state, and local governments, and private  eets to purchase low-emission vehicles (LEVs) in areas classi ed by the EPA as being in serious, severe, or extreme nonattainment of the national ambient air quality standards (NAAQS) for ozone and carbon monoxide (CO). The State of Texas, in a committal SIP revision submitted to the EPA on November 15, 1992, opted out of the FCFF program in order to implement a  eet emission control program designedby the state. In 1994 the commission submitted the state’s optout program in a SIP revision to the EPA and adopted rules to implement the Texas Alternative Fuel Fleet (TAFF) program as a substitute to the FCFF program in the areas of Texas classi ed by EPA as being in serious, severe, or extreme nonattainment of the NAAQS for ozone or CO. In 1995 the 74th Texas Legislature modi ed the state’s alternative fuels program (Texas Health and Safety Code, Chapter 382, Subchapter F) through the passage of Senate Bill 200 (SB200). The legislature facilitated fuel neutrality through the incorporation of the federal low emission vehicle (LEV) standards regardless of fuel type for certain affected  eets. The legislation required the commission to adopt regulations to implement the revised program. The commission adopted regulations that established the Texas Clean Fleet (TCF) program. In 1997 the 75th Texas Legislature further modi ed the state’s alternative fuels program through the passage of Senate Bill 681 (SB 681).SB 681 removed the commission’s authority to require the program in moderate nonattainment areas, limited the commission’s authority to the serious and above ozone nonattainment areas, and modi ed the state’s alternative fuels program. The basicrequirement of LEV purchases was retained, but the implementation schedule was modi ed. SB 681 required the commission to adopt regulations to implement the program as modi ed by the legislation.MERCs were part of the commission’s TCF economic incentive program to help reduce vehicle emissions of volatile organic compounds (VOC) and nitrogen oxides (NO
x ). The program was intended to provide additional  exibility for business, develop innovative strategies to control mobile source emissions, and reduce the cost of compliance with the FCAA. MERCs were enforceable, permanent, and quanti able emission reductions generated by a mobile source through the TCF program. Emission reductions that remain after an entity satis ed their requirements could be banked as credits. In 2005 the 79th Texas Legislature passed Senate Bill 1032 (SB1032), which repealed TCF in its entirety. This action also repealed the MERC program, MERC fund, and corresponding definitions. On April 26, 2006, the commission adopted the repeal of the TCF program as directed by SB 1032. This rulemaking repeals the remaining program elements, including the MERC program. In 2001 the 77th Texas Legislature (2001) passed Senate Bill 5 (SB 5) establishing the Texas Emission Reduction Plan (TERP), which provided nancial incentives for reducing emissions of on-road and non-road motor vehicles and equipment, grants forthe development of new emission control technology, new building energy efciency standards, and research and development



## 32 T exReg 4400 July 13, 2007 Texas Registerprograms. SB 5 programs were estimated to achieve reductionsin excess of the reductions expected from the rules that were being repealed. In accordance with SB 5, the state implementation plan (SIP) was revised to replace certain rules with TERP. The adopted TERP rules established a state-wide incentive program for the purchase of new on-road diesel vehicles and light-duty motor vehicles that met emission standards more stringent than those required by federal requirements. As a result of these new rules, a new §114.618 was adopted in August 2001, which required vehicle manufacturers to publish a brochure of eligible incentive vehicles by September 1 of eachyear. This brochure is also required to be submitted to the executive director, or his designee, by the same date.House Bill 1365 (HB 1365) by the 78th Legislature (2003) repealed the requirement for vehicle manufacturers to publish and distribute a brochure annually. This adopted rulemaking repeals the rule implementing this requirement. The federal surface transportation reauthorization act, the Safe, Accountable, Flexible, Efcient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), established a transportationcontrol measure substitution process, eliminating the requirement for an EPA-approved state process as found in 30 TAC §114.270(f), relating to the TCM Substitution Process. Thefederal SAFETEA-LU transportation control measure substitution process replaces and supersedes the state process. This adoption repeals the state section because it is no longer necessary. Because the federal process is largely based on the Texas process, no change is expected to occur in the state as a result of this revision. SECTION BY SECTION DISCUSSION The adoption amends, without changes from proposal, §114.1 in Subchapter A; and repeals §114.4 in Subchapter A; §114.201 and §114.202 in Subchapter F; and §114.618 in Subchapter K. Subchapter A. De nitions §114.1(13) and §114.4 The adoption amends §114.1 by repealing the de nition of MERC in §114.1(13) and repeals the MERC de nitions found in §114.4. These sections were elements of the TCF program, which was repealed by the commission on April 26, 2006, in accordance with SB 1032 following a repeal by the legislature in2005, SB 1032. The legislative repeal made these program definitions no longer necessary. Current de nitions in §114.1(14) - (18) will be renumbered (13) - (17).Subchapter F. Vehicle Retirement and Mobile Emission Reduction Credits Division 1. Mobile Emission Reduction Credit Program §114.201 and §114.202 The adoption repeals the MERC program found in §114.201 and the MERC fund found in §114.202. Both of these sections were program elements of the TCF program, which was repealed by the commission on April 26, 2006, following enactment of SB 1032 in 2005, which repealed the TCF program. The legislative repeal made this program no longer necessary. Subchapter G. Transportation Planning §114.270 The adoption amends §114.270 by deleting §114.270(f), the TCM substitution process. The re-authorization of the SAFETEA-LU eliminated the requirement for an EPA-approved state process for approving TCM substitutions. The provisions of the SAFETEA-LU establish that if there is a con  ict between an approved state process and the approval process contained in the SAFETEA-LU, the state must follow the requirementsfound in the SAFETEA-LU. This adoption also strikes language in subsection (a). Subsequent to the close of the public comment period, the commission determined that language in subsection (a), referring to the now-deleted TCM substitution process in subsection (f), should be stricken in order to provide consistency in the rule and avoid confusion. Subchapter K. Mobile Source Incentive ProgramsDivision 2. Light-Duty Motor Vehicle Purchase or Lease Incentive Program §114.618 The adopted rulemaking repeals the requirement of §114.618 that requires automobile manufacturers to publish a brochure annually and submit it to the commission by September 1st ofevery year. The adoption repeals this requirement at the directive of HB 1365, 78th Legislature (2003). FINAL REGULATORY IMPACT ANALYSIS DETERMINATIONThe commission reviewed the rulemaking in light of the regulatory analysis requirements of Texas Government Code, §2001.0225, and determined the rules do not meet the de nition of a "major environmental rule." Under Texas Government Code, §2001.0225, "major environmental rule" means a rule the speci c intent of which is to protect the environment or reduce risks to human health from environmental exposure, and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. Furthermore, it does not meet any of the four applicability requirements listed in §2001.0225(a). Section 2001.0225 applies only to a major environmental rule which 1)exceeds a standard set by federal law, unless the rule is specifically required by state law; 2) exceeds an express requirement of state law, unless the rule is speci cally required by federal la w; 3) e x ceeds 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) adopts a rule solely under the general powers of the agency instead of under a speci c state law. The adopted rulemaking removes various outdated requirements and aligns state rules with federal and state statutes as described in the BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES and SECTION BY SECTION DISCUSSION sections above. Because the adopted rules are not speci cally intended to protect the environment or reduce risks to human health from environmental exposure but to remove outdated rules making state rules consistent with state and federal statutes, this adopted rulemaking is not a majorenvironmental rule and does not meet any of the four applicability requirements. Because these adopted rules remove requirements, they do not result in any new requirements and should not adversely affect in a material way the economy, a sector of the economy, productivity, competition, or jobs. The commission solicited public comment regarding this draft regulatory impact analysis determination. No comments were received on the draft regulatory impact analysis determination. TAKINGS IMPACT ASSESSMENT



## ADOPTED RULES July 13, 2007 32 TexReg 4401The commission evaluated these rules and performed an assessment of whether Texas Government Code, Chapter 2007 isapplicable. The commission’s assessment indicates Texas Government Code, Chapter 2007 does not apply to these adopted amendments because this action discontinues requirements as described in the BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES and SECTION BY SECTION DISCUSSION sections of this preamble. Also, the adopted rules remove various outdated requirements and align state rules with federal and state statutes. Promulgation and enforcement of these amendments will be neither a statutory or constitutional taking of private real property. Speci cally, the adopted amendments do not affect a landowner’s rights in private real property, because this rulemaking action does not burden, restrict, nor limit the owner’s rights to property or reduce its value by 25% or more beyond which would otherwise exist in the absence of the adopted regulations.CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM The commission reviewed the adopted rulemaking and found the adoption is a rulemaking identi ed in the Coastal Coordination Act Implementation Rules, 31 TAC §505.11(b)(4), concerning rules subject to the Texas Coastal Management Program (CMP), and , therefore, required that goals and policies of the CMP beconsidered during the rulemaking process. The commission reviewed this rulemaking for consistency with the CMP goals andpolicies in accordance with the regulations of the Coastal Coordination Council and determined that the rulemaking is editorial and procedural in nature and will have no substantive effect oncommission actions subject to the CMP and is, therefore, consistent with CMP goals and policies. The commission invited public comment regarding the consistency of the rules with the CMP. No comments were received regarding the consistency of the rules with the CMP. PUBLIC COMMENT The proposal was published in the March 9, 2007, issue of the Texas Register (32 TexReg 1197). The commission held a public hearing on April 3, 2007, in Austin. The comment period closed on April 9, 2007. The commission received comments from only the Environmental Protection Agency (EPA). RESPONSE TO COMMENTS EPA supported the commission’s proposed repeals in responseto implementation of federal and state legislation. EPA commented that statutory language now in the Clean Air Act as a result of SAFETEA-LU rendered the commission’s TCM rule obsolete and therefore, supported the repeal of 30 TAC §114.270(f). EPA commented that they did not oppose therepeal of the MERCs program or the requirement that automobile manufacturers publish annually a brochure listing vehicles’ emissions standards since both actions were implementation of state legislation.The commission did not make any changes to the rule in response to this comment. The rulemaking aligns certain transportation-air quality requirements with federal and state legislation and statutes. The commission appreciates EPA’s support in this action. 

## SUBCHAPTER A. DEFINITIONS 30 TAC §114.1 STATUTORY AUTHORITY The amendment is adopted under Texas Water Code (TWC), §5.102, concerning General Powers; §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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The amendmentis adopted under THSC, §382.002, concerning Policy and Purpose, which establishes the commission’s purpose to safeguard the state’s air resources, consistent with the protection of public health, general welfare, and physical property; §382.012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state’s air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles. The adopted amendment implements THSC, §§382.002, 382.011, 382.012, and 382.019. This agency hereby certi es 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 Ofce of the Secretary of State on June 29, 2007. TRD-200702749 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: July 19, 2007 Proposal publication date: March 9, 2007 For further information, please call: (512) 239-2461


### 30 TAC §114.4 STATUTORY AUTHORITY The repeal is adopted under Texas Water Code (TWC), §5.102,concerning General Powers; §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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, whichauthorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The repeal is adopted under THSC, §382.002, concerning Policy and Purpose, which establishes the commission purpose to safeguard the state’s airresources, consistent with the protection of public health, general welfare, and physical property; §382.012, which authorizes the commission to develop a general, comprehensive plan forthe proper control of the state’s air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles. The adopted repeal implements THSC, §§382.002, 382.011, 382.012, and 382.019. This agency hereby certi es 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 Ofce of the Secretary of State on June 29, 2007. TRD-200702750



## 32 T exReg 4402 July 13, 2007 Texas RegisterRobert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: July 19, 2007 Proposal publication date: March 9, 2007 For further information, please call: (512) 239-2461


## SUBCHAPTER F. VEHICLE RETIREMENT AND MOBILE EMISSION REDUCTION CREDITS DIVISION 1. MOBILE EMISSION REDUCTION CREDITS 30 TAC §114.201, §114.202 STATUTORY AUTHORITY The repeals are adopted under Texas Water Code (TWC), §5.102, concerning General Powers; §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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The repeals areadopted under THSC, §382.002, concerning Policy and Purpose, which establishes the commission’s purpose to safeguard the state’s air resources, consistent with the protection of public health, general welfare, and physical property; §382.012, whichauthorizes the commission to develop a general, comprehensive plan for the proper control of the state’s air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles. The adopted repeals implement THSC, §§382.002, 382.011, 382.012, and 382.019. This agency hereby certi es 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 Ofce of the Secretary of State on June 29, 2007. TRD-200702751 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: July 19, 2007 Proposal publication date: March 9, 2007 For further information, please call: (512) 239-2461


## SUBCHAPTER G. TRANSPORTATION PLANNING 30 TAC §114.270 STATUTORY AUTHORITY The amendment is 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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, which authorizes thecommission to adopt rules consistent with the policy and purposes of the TCAA; §382.002 concerning Policy and Purpose, which establishes the commission’s purpose to safeguard thestate’s air resources, consistent with the protection of public health, general welfare, and physical property; §382.011, which provides for general powers and duties under the TCAA;§382.012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state’s air; and §382.208, which authorizes the commission to work with federal, state, and local transportation planning agencies to develop and implement transportation programs and other measures necessary to demonstrate and maintain attainment of national ambient air quality standards. The amendment is also adopted under the statutory requirement for transportation conformity found in §176(c) of the 1990 Federal Clean Air Act Amendments. In addition, 40 Code of Federal Regulations (CFR) Part 51, Subpart T and Part 93, Subpart A established criteria and procedures for determining whether transportationplans, programs, and projects in nonattainment and maintenance areas conform with the state implementation plan. The adopted amendment implements THSC, §§382.002, 382.011, 382.012, 382.017, and 382.019. §114.270. Transportation Control Measures.(a) Purpose. The purpose of this section is to implement requirements relating to transportation control measures (TCMs). These requirements address the roles and responsibilities of the metropolitanplanning organizations (MPOs) and implementing transportation agencies in nonattainment and maintenance areas. (b) Applicability. This section applies to MPOs and agenciesthat implement TCMs in designated nonattainment or maintenance areas. The affected nonattainment and maintenance areas are listed in §101.1 of this title (relating to De nitions). (c) General. All TCMs shall be developed, coordinated, funded, approved, implemented, tracked, evaluated, and monitored in accordance with §114.260 of this title (relating to TransportationConformity); Title 40 Code of Federal Regulations, Part 93 (Conformity to State or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 USC or the Federal Transit Laws, as amended); the Federal Clean Air Act, 42 United States Code, 1970, as amended; and the EPA TCMSIP approval criteria listed in the EPA guidance document "Transportation Control Measures: State Implementation Plan Guidance," EPA 450/2-89-020, September 1990. (d) MPO responsibilities. The MPO shall: (1) ensure that all responsibilities required by subsection (c) of this section are fullled; (2) maintain, on a rolling basis, complete and accurate records of all TCMs for at least ve years. TCM records shall be sufcient to accurately re ect the effectiveness of the TCM program and shall include the following: (A) the annual status of the implementation of the TCM, including quanti cation of progress;(B) an annual estimate of the funding and other resources expended toward implementing the TCM, and a comparison of the actual and projected expenditures; (C) an annual estimate of the emission reductions achieved from implementation of the TCM, and a comparison of the actual and projected reductions; and



## ADOPTED RULES July 13, 2007 32 TexReg 4403(D) any modi cations to the TCM since the last annual report and/or projected modi cations for the next reporting period to compensate for a shortfall in the implementation of the TCM or in the associated emissions reductions; and (3) make such records available to representatives of thecommission, the EPA, the Federal Highway Administration, the Federal Transit Administration, the Texas Department of Transportation,local air pollution agencies having jurisdiction in the area, and the public, upon request; (e) Implementing agency responsibilities. The implementing agency shall have the responsibility to: (1) ensure that all responsibilities required by subsection (c) of this section are ful lled; and (2) provide to the MPO upon request:(A) a complete description of the TCMs and their associated estimated emission reduction bene ts; (B) evidence that the TCMs were properly adopted by a jurisdiction with legal authority to commit to and execute the program; (C) evidence that funding has been, or will be, obligated to implement the TCMs; and (D) a description of the monitoring program to assess the TCM effectiveness. This agency hereby certi es 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 Ofce of the Secretary of State on June 29, 2007. TRD-200702753 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: July 19, 2007 Proposal publication date: March 9, 2007 For further information, please call: (512) 239-2461


## SUBCHAPTER K. MOBILE SOURCE INCENTIVE PROGRAMS DIVISION 2. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM 30 TAC §114.618 STATUTORY AUTHORITY The repeal is adopted under Texas Water Code (TWC), §5.102,concerning General Powers; §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, Texas Clean Air Act (TCAA), §382.017, concerning Rules, whichauthorizes the commission to adopt rules consistent with the policy and purposes of the TCAA; §382.011, which provides for general powers and duties under the TCAA. The repeal is adopted under THSC, §382.002, concerning Policy and Purpose, which establishes the commission’s purpose to safeguard the state’sair resources, consistent with the protection of public health, general welfare, and physical property; §382.012, which authorizes the commission to develop a general, comprehensive plan for the proper control of the state’s air; and §382.019 which authorizes the commission to adopt rules to control and reduce emissions from engines used to propel land vehicles. The adopted repeal implements THSC, §§382.002, 382.011, 382.012, and 382.019. This agency hereby certi es 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 Ofce of the Secretary of State on June 29, 2007. TRD-200702754 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: July 19, 2007 Proposal publication date: March 9, 2007 For further information, please call: (512) 239-2461


## SUBCHAPTER G. TRANSPORTATION PLANNING 30 TAC §114.260 The Texas Commission on Environmental Quality (commission) adopts an amendment to §114.260 and corresponding revisions to the Transportation Conformity State Implementation Plan (SIP). Section 114.260 is adopted with changes to the proposed text as published in the February 9, 2007, issue of the Texas Register (32 TexReg 499).The adopted revisions will be submitted to the United States Environmental Protection Agency (EPA) as a revision to the SIP. BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES The Federal Clean Air Act (FCAA) Amendments of 1990 as codi ed in 42 United States Code (USC), §§7401 et seq . required each state to submit a revision to its SIP by November 25, 1994, establishing enforceable criteria and procedures formaking conformity determinations for metropolitan transportation plans, transportation improvement programs, and projects funded by the Federal Highway Administration (FHWA) or the Federal Transit Administration (FTA). Final rules regarding conformity requirements were published by EPA on November 24, 1993. The Texas SIP revision that incorporated conformity requirements was adopted October 19, 1994, and approved by EPA November 8, 1995. EPA has amended the federal transportation conformity rule eight times: August 7, 1995; November 14, 1995; August 15, 1997; April 10, 2000; August 6, 2002; July 1, 2004; May 6, 2005; and March 10, 2006. The commission previously incorporated the federal changes up to, and including, the 2004 amendments. The commission is now updating its SIP and rule to incorporate the May 6, 2005, and March 10, 2006, federal amendments. In addition to the 2005 and 2006 federal amendments, changes to the transportation conformity federal rule were enacted with passage of the Safe, Accountable, Flexible, Efcient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which was signed into law August 10, 2005. Furthermore, EPA issued guidance in May1999, that a state should include in its SIP when a regionally signi cant, non-federal project is considered adopted or approved by a non-federal entity. The addition of these changes to the



## 32 T exReg 4404 July 13, 2007 Texas Register