Bryan W. Shaw, Ph.D., P.E., Chairman 

Toby Baker, Commissioner 

Zak Covar, Commissioner 

Richard A. Hyde, P.E., Executive Director 15JUN 15 PM 6: I~ 

TEXAS COMMISSION ON ENVIRONMENTAL QUALI1Y 

Protecting Texas by Reducing and Preventing Pollution 

June 11, 2015 

Ron Curry 

Regional Administrator 

U.S. Environmental Protection Agency- Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Mr. Curry: 

Docket No. 2014-0953-RUL 

Rule Project No. 2014-027-114-AI 

On April29, 2015, the Texas Commission on Environmental Quality (Commission) adopted revisions 

to the State Implementation Plan (SIP). 

The Commission adopted amendments to§§ 114.2, 114.7, 114.53, 114.60, 114.62, 114.64, 114.70, and 

114.87 in 30 Texas Administrative Code Chapter 114, Control of Air Pollution from Motor Vehicles, 

Subchapters A, Definitions, and C, Vehicle Inspection and Maintenance: Low-Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program; and Early Action Compact 

Counties and corresponding revisions to the SIP. Sections 114.2, 114.53, and 114.87 are revisions to the 

state implementation plan SIP, while the other sections are not revisions to the SIP. The Commission. 

adopted revisions to incorporate a procedure for counties to opt out of the Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Pr'ogram (LIRAP) and to be released from 

program obligations, including remittance ofthe fee to fund the LIRAP. The Commission also adopted 

language that differentiates between a LIRAP participating county and a non-participating county. 

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, 

1?»11~~ ~ry~. Shaw, Ph.D., P.E. 

Chairman 

BWSjts 

Enclosures 

cc: The Honorable Greg Abbott, Governor of Texas 

Mr. Steven Albright, Office of Budget, Planning and Policy, Office of the Governor 

Mr. Richard A Hyde, P.E., Executive Director, Texas Commission on Environmental Quality 

P.O. Box 13087 • Austin, Texas 78711-3087 • 512,239-1000 • tceq.texas.gov 

How is our customer service? tceq.texas.gov/customersurvey 

pnnted on recycled paper using vegetable-based ink 
TEXAS CoMMISSION oN ENVIRONMENTAL QuALITY 

THE STATE OF TEXAS 

COUN'IY OF TRAVIS 

Docket No. 2014-0953-RUL 

Rule Project No. 2014-027-114-AI 

This is to certify that the attached electronic file is included and that the electronic file is a true and 

correct copy of documents for a revision to the Texas State Implementation Plan, adopted on April 29, 

2015, pursuant to 40 Code of Federal Regulations § 51.104. I am the records administrator for the Air 

Quality Division of the Texas Commission on Environmental Quality (Commission). 
Texas Commission on Environmental Quality 

Public Hearing 

January 6, 2015 

Concerning Revisions to 30 T AC Chapter 114 

Control of Air Pollution from Motor Vehicles 

LIRAP Rule Revisions 

Project No. 2014-027-114-AI 
INTRODUCTION 

The Texas Commission on Environmental Quality (TCEQ or commission) scheduled a public 

hearing in Austin on January 6, 2015, 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 rulemaking allows a county participating in the Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) to opt out of the LIRAP. 

The comment period closed on January 9, 2015. 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/Order 

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 Jamie Zech at (512) 

239-3935. 
NOTICE & 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: November 21, 2014 

Dallas Morning News: November 21, 2014 

Houston Chronicle: November 21, 2014 

2. Publication of the proposed rules in the December 5, 2014, issue of the Texas Register (39 

TexReg 9468). 

3. Publication of the Notice of Public Hearing in the December 5, 2014, issue of the Texas Register 

(39 TexReg 9623). 

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 Austin, Mayor's Office 

City of Dallas, Department of Environmental Quality 

City of Dallas, Department of Aviation 

City of El Paso, Environmental Services 

City of Fort Worth, Environmental Management Department 

City of Houston, Department of Health and Human Services 
East Texas Council of Governments 

El Paso Metropolitan Planning Organization 

Federal Highway Administration 

Galveston County Health District 

Harris County Pollution Control Services Department 

Harris County Public Health and Environmental Services 

Houston-Galveston Area Council 

North Central Texas Council of Governments 

South East Texas Regional Planning Commission 

Texas Department of Transportation 

Travis County Judge 

Victoria Metropolitan Planning Organization 

Arkansas Department of Pollution Control and Ecology 

Louisiana Department of Environmental Quality 

New Mexico Environmental Department 

Oklahoma Department of Environmental Quality 

United States Environmental Protection Agency 
Example of Newspaper Classified Ad 

Austin American-Statesman, November 21, 2014 

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) will conduct a public 

hearing to receive testimony re~arding pro- ' posed .revisions to 30 

Texas Administrative 

Code (TAC) Chapter 

114, Control of Air Pollution from Motor Vehicles, §§114.2, 114.7, 

114.53, 114.60, 114.62, 

114.64, 114.70, and 

114.87, and corre- sponding revisions to 

the state implementa- tion 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 Regu- lations §51.102 of the 

United States Environmental Protection 

Agency (EPA) concern- ing SIPs. 

·This proposed rulemaking would allow a county participating in 

the Low Income ve- hicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) to opt out of 

the LIRAP. 

The commission will 

hold a public hearing on this proposal in 

Austin on January 6, 

2015, at 2:00 p.m. in 

Building E, Room 201S, • at the commission's 

:central office located 

'at 12100 Park 35 Circle. 

The hearing is structured for the receipt of 

oral or written com- ments by interested 

persons. Individuals 

may present oral state-' 

ments when called 

upon in order of regis- tration. Open discussion will not be permit- ted during the hearing; however, commission 

staff members will be 

available to discuss 

the proposal 30 minutes prior to the hearing. 

Persons who have spe- cial communication. or other accommodatiOn 

needs who are plan- ning to attend the 

hearing should contact 

Sandy Wong, Office of 

Legal Services at (512) 

239-1802. Requests should be made as far 

in advance as possible. 

Written comments 

may be submitted to 

Kris Hogan, MC 205, Office of Legal Services, 

Texas Commission _on Environmental QualitY. 

P.O. Box 13087, Austm, 

Texas 78711-3087, or faxed to (512) 239-4808. 

Electronic comments 

may be submitted at: 

http:/ /wwws. 

tceq.texas.gov/rules/ 

ecomments/. File size 

restrictions may apply 

to comments bemg submitted via the 

ecomments system. All comments should 

reference Rule Project Number 2014-027-114· 

AI. The comment pe- riod closes January 9, 

2015. Copies ofthe pro- posed rulemaking can be obtained from the 

commission's website 

at http:/ /www.tceq. 

texas.g ov Ina v /rules/ 

propose adopt.html. For furtfier Information, please. contact 

Jamie Zech, A1r Quality Planning Section, (512) 

239-3935. 
ing A, 3rd Floor, Austin, Texas 78 53, (512) 239-3400 and at the applicable regional office listed as fol ows. Written comments about the 

DO should be sent to the attorney esignated for the DO at the commission's central office at P.O. Bo 13087, MC 175, Austin, Texas 

78711-3087 and must be received 5:00p.m. on January 12,2015. 

Comments may also be sent by fa simile machine to the attorney at 

(512) 239-3434. The commission' attorneys are available to discuss 

the DOs and/or the comment proc dure at the listed phone numbers; 

however, TWC, §7.075 provides t at comments on the DOs shall be 

submitted to the commission in wr ting. 

(1) COMPANY: Amirali Makan jia d/b/a Doc's Country Store; 

DOCKET NUMBER: 2013-164 -PST-E; TCEQ ID NUMBER: 

RNI04990957; LOCATION: 18 18 Highway 290 East, Elgin, 

Travis County; TYPE OF FACI ITY: underground storage tank 

(UST) system; RULES VIOLATE : TWC, §26.3467(a) and 30 TAC 

§334.8(c)(5)(A)(i), by failing to m ke available to a common carrier 

a valid, current TCEQ delivery ce ificate before accepting delivery 

of a regulated substance into the U Ts; 30 TAC §334.8(c)(4)(A)(vii) 

and (5)(B)(ii), by failing to renew previously issued UST delivery 

certificate by submitting a proper! completed UST registration and 

self-certification form at least 30 d ys before the expiration date; and 

30 TAC §334.602(a), by failing to esignate, train, and certify at least 

one named individual for each class of operator: Class A, Class B, and 

Class C; PENALTY: $4,537: STAF ATTORNEY: J. Amber Ahmed, 

Litigation Division, MC 175, (512) 239-1204; REGIONAL OFFICE: 

Austin Regional Office, 12100 Par 35 Circle, Building A, 3rd Floor, 

Austin, Texas 78753, (512) 239-34 0. 

(2) COMPANY: Chad Stanley; OCKET NUMBER: 2014-0582-

MSW-E; TCEQ ID NUMBER: 106829427; LOCATION: 716 

Grapevine Trail, Lockhart, Caldw I County; TYPE OF FACILITY: 

municipal solid waste (MSW) disp sal site; RULES VIOLATED: 30 

TAC §330.15(c) and §330.7(a), by ailing to prevent the unauthorized 

dumping, collection, storage, trans ortation, processing, or disposal 

of MSW; PENALTY: $1,312; ST FF ATTORNEY: Laura Evans, 

Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: 

Austin Regional Office, 12100 Par 35 Circle, Building A, 3rd Floor, 

Austin, Texas 78753, (512) 239-34 0. 

TRD-201405527 

Kathleen C. Decker 

Director, Litigation Division 

Texas Commission on Environment 

Filed: November 20, 2014 

+ + 

Notice of Public Hearing on Pr osed Revisions to 30 TAC 

Chapters 37 and 336 

The Texas Commission on Environ ental Quality (commission) will 

conduct a public hearing to recei e testimony regarding proposed 

revisions to 30 TAC Chapter 37, F ancial Assurance, §37.9045 and 

§37.9050 and 30 TAC Chapter 3 , Radioactive Substance Rules, 

§§336.2, 336.105, 336.1111, and 3 .1127; and new §336.739, under 

the requirements of Texas Govemm nt Code, Chapter 2001, Subchapter B. 

The proposed rulemaking would i plement Senate Bill 347, 83rd 

Texas Legislature, 2013, by amen ing 30 TAC Chapter 37, which 

would reference the new Environm ntal Perpetual Care Account and 

by amending 30 TAC Chapter 336, provide for volume reduction of 

low-level radioactive waste. 

The commission will hold a public I earing on this proposal in Austin, 

Texas on January 13, 2015, at 10:0 a.m. in Building E, Room 201S, 

at the commission's central office lo ated at 12100 Park 35 Circle. The 

hearing is structure for the receipt of oral or written comments by interested persons. In ividuals may present oral statements when called 

upon in order of re istration. Open discussion will not be permitted 

during the hearing; owever, commission staff members will be available to discuss the p oposal 30 minutes prior to the hearing. 

Persons who have pecial communication or other accommodation 

needs who are plan ing to attend the hearing should contact Sandy 

Wong, Office ofLe a! Services, at (512) 239-1802. Requests should 

be made as far in ad ance as possible. 

Written comments may be submitted to Kris Hogan, MC 205, 

Office of Legal rvices, Texas Commission on Environmental Quality, P.O. B x 13087, Austin, Texas 78711-3087 or faxed 

to (512) 239-4808. Electronic comments may be submitted at: 

http://www5.tceq.te. s.govlrules/ecommentsl. File size restrictions may apply to comments being submitted via the eComments 

system. All com ents should reference Rule Project Number 

2013-056-037-WS. The comment period closes on January 20, 

2015. Copies of th proposed rulemaking can be obtained from the 

commission's web 'te at http://www.tceq.texas.gov/navlrules/propose _ adopt.html. or further information, please contact Bobby 

Janecka, Radioactiv Material Licensing Section, (512) 239-6415. 

TRD-201405579 

Robert Martinez 

Director, Environme al Law Division 

Texas Commission o Environmental Quality 

Filed: November 21, 2014 

+ + + 

Notice of Public Hearing on Proposed Revisions to 30 TAC 

Chapter 114 ~md 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 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, §§114.2, 114.7, 114.53, 114.60, 114.62, 114.64, 114.70, 

and 114.87, and corresponding revisions to the state implementation 

plan (SIP) under the requirements of Texas Health and Safety Code, 

§382.0 17; Texas Goverrunent Code, Chapter 2001, Subchapter B; and 

40 Code ofFederal Regulations §51.102 ofthe United States Environmental Protection Agency concerning SIPs. 

This proposed rulemaking would allow a county participating in the 

Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) to opt out of the LIRAP. 

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

on January 6, 2015, at 2:00p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing 

is structured for the receipt of oral or written comments by interested 

persons. Individuals may present oral statements when called upon in 

order of registration. Open discussion will not be permitted during the 

hearing; however, commission staff members will be available to discuss the 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 Sandy 

Wong, Office of Legal Services, at (512) 239-1802. Requests should 

be made as far in advance as possible. 

Written comments may be submitted to Kris Hogan, MC 205, 

Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed 

to (512) 239-4808. Electronic comments may be submitted at: 

http://www5.tceq.texas.gov/ruleslecomments/. File size restrictions may apply to comments being submitted via the eComments 

IN ADDITION December 5, 2014 39 TexReg 9623 
system. All comments should reference Rule Project Number 

20 14-027-114-AI. The comment period closes January 9, 2015. Copies 

of the proposed rulemaking can be obtained from the commission's 

website at http://www.tceq. texas.gov/navlruleslpropose _ adopt.html. 

For further information, please contact Jamie Zech, Air Quality 

Planning Section, (512) 239-3935. 

TRD-201405591 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Filed: November 21, 2014 

Notice of Public Heari on Proposed Revisions to the State 

Implementation Plan 

The Texas Commission o Environmental Quality (commission) will 

conduct a public hearing o receive testimony regarding proposed revisions to the state imple entation plan (SIP) under the requirements 

of Texas Health and Safe ·Code, §382.017; Texas Government Code, 

Chapter 2001, Subchapt r B; and 40 Code of Federal Regulations 

§51.102 of the United Sta es Environmental Protection Agency (EPA) 

concerning SIPs. 

The proposed SIP revisio would satisfY the anti-backsliding obligations for the revoked on hour ozone National Ambient Air Quality 

Standard (NAAQS) and e sure that the substance of the redesignation 

requirements is met fort~ Houston-Galveston-Brazoria (HGB) area. 

This redesignation substi te would take the place of a redesignation 

request and maintenance Ian, which the EPA normally requires under 

a standard that has not be n revoked. 

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

on January 6, 2015 at 2: p.m. in the Auditorium at the Texas Department ofTransportatio District Office, 7600 Washington Avenue. 

The hearing is structured or the receipt of oral or written comments 

by interested persons. In ividuals may present oral statements when 

called upon in order of re istration. Open discussion will not be permitted during the hearing; owever, commission staff members will be 

available to discuss the pr posal 30 minutes prior to the hearing. 

Persons who have speci communication or other accommodation 

needs who are planning o attend the hearing should contact Joyce 

Spencer-Nelson, Air Qua ity Division, at (512) 239-5017. Requests 

should be made as far in vance as possible. 

Written comments may e submitted to Melanie Rousseau, MC 

206, Air Quality Divis' n, Texas Commission on Environmental Quality, P.O. Box 1 87, Austin, Texas 78711-3087 or faxed 

to (512) 239-6188. El ctronic comments may be submitted at: 

http://www5.tceq.texas.go lrules/ecomments/. File size restrictions 

may apply to comments ing submitted via the eComments system. 

All comments pertaining o the proposed HGB Area Redesignation 

Substitute for the One-Ho r Ozone NAAQS SIP revision should reference Project Number 201 -011-SIP-NR The comment period closes 

January 9, 2015. Copies the proposed SIP revision can be obtained 

from the commission's W b site at http:/lwww.tceq.texas.gov/airquality/sip/criteria-po!lutants/. ip-ozone. 

For further information, p ase contact Melanie Rousseau, Air Quality 

Division, (512) 239-0707. 

TRD-201405532 

39 TexReg 9624 December 5, 2014 Texas Register 

Robert Martin z 

Director, Envi onmental Law Division 

Texas Commi sion on Environmental Quality 

Filed: Novem er 20, 2014 

Texas Et ics Commission 

List of Late ilers 

Listed below re the names of filers from the Texas Ethics Commission 

who did not e reports or failed to pay penalty fines for late reports in 

reference to t e listed filing deadline. If you have any questions, you 

may contact obbie Douglas at (512) 463-5800. 

Deadline: L bby Activities Report due September 10, 2014 

Luke Bellsny er, 809 W. 12th St., Ste. E, Austin, Texas 78701 

Jennifer E. S llers, 700 Mandarin Flyway #203, Cedar Park, Texas 

78613 

TRD-201405 3 

Natalia Luna shley 

Executive Dir ctor 

Texas Ethics ommission 

Filed: Novem er 21, 2014 

• • Texas Fa ilities Commission 

Request for roposals #303-6-20478 

• 

The Texas Fa 'lities Commission (TFC), on behalfofthe Texas Department of Crim nal Justice (TDCJ), announces the issuance of Request 

for Proposals (RFP) #303-6-20478. TFC seeks a five (5) or ten (10) 

year lease of pproximately 10,639 square feet of office space in Lubbock, Lubboc County, Texas. 

The deadline or questions is January 13, 2015 and the deadline for 

proposals is J nuary 21,2015 at 3:00p.m. The award date is February 

18, 2015. TF reserves the right to accept or reject any or all proposals 

submitted. T is under no legal or other obligation to execute a lease 

on the basis this notice or the distribution of an RFP. Neither this 

notice nor the P commits TFC to pay for any costs incurred prior to 

the award of 

Parties interes ed in submitting a proposal may obtain information by 

contacting the Program Specialist, Evelyn Esquivel at (512) 463-6494. 

A copy of the P may be downloaded from the Electronic State Business Daily at ttp://esbdcpa.state.t"".uslbid_show.cfm?bidid=ll4699. 

TRD-2014055 8 

Kay Molina 

General Coun el 

Texas Facilitie Commission 

Filed: Novem er 20, 2014 

• • Texas He lth and Human Services Commission 

Public Notic 

The Texas He lth and Human Services Commission announces its intent to submit transmittal number 14-046 to the Texas State Plan for 

Medical Assis ance. under Title XIX of the Social Security Act. 

The purpose f this amendment is to exempt participating Medicare 

Advantage PI ns from ce1iain Nursing Facility cost sharing obligations. The pr posed amendment is effective March 1, 2015. 
Bryan W. Shaw, Ph.D., P.E., Chairman 

Toby Baker, Commissioner 

Zak Covar, Commissioner 

Richard A. Hyde, P.E., Executive Director 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Reducing and Preventing Pollution 

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) 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, §§114.2, 114.7, 

114.53, 114.60, 114.62, 114.64, 114.70, and 114.87, and corresponding revisions 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 §51.102 of the United States Environmental Protection Agency 

(EPA) concerning SIPs. 

This proposed rulemaking would allow a county participating in the Low Income 

Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program 

(LIRAP) to opt out of the LIRAP. 

The commission will hold a public hearing on this proposal in Austin on January 6, 

2015, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located 

at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written 

comments by interested persons. Individuals may present oral statements when called 

upon in order of registration. Open discussion will not be permitted during the hearing; 

however, commission staff members will be available to discuss the proposal30 minutes 

prior to the hearing. 

Persons who have special communication or other accommodation needs who are 

planning to attend the hearing should contact Sandy Wong, Office of Legal Services at 

(512) 239-1802. Requests should be made as far in advance as possible. 

Written comments may be submitted to Kris Hogan, MC 205, Office of Legal Services, 

Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-

3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: 

http:/ /wwws.tceq.texas.govjrulesjecommentsj. File size restrictions may apply to 

comments being submitted via the eComments system. All comments should reference 

Rule Project Number 2014-027-114-AI. The comment period closes January 9, 2015. 

Copies of the proposed rulemaking can be obtained from the commission's website at 

http: I jwww.tceq. texas.gov jnav jrulesjpropose_ adopt.html. For further information, 

please contact Jamie Zech, Air Quality Planning Section, (512) 239-3935. 

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov 

How is our customer service? tceq. texas.gov I go to I customersurvey 

printed on recycled paper 
under §37.9045(a)(6) ofthis title [ the€l'etfueftheperpetuale-area€-

eetlffi]. 

(g) This subsection applies only to owner or operators required 

to provide financial assurance unde Chapter 336, Subchapter M of this 

title (relating to Licensing of Radi active Substances Processing and 

Storage Facilities). Owners or ope ators required to provide financial 

assurance under Chapter 336, Sub hapter M of this title may satisfy 

the requirements of financial as sur nee by demonstrating that it passes 

a financial test as provided in §37.2 I of this title (relating to Financial 

Test), except the owner or operator which has issued rated bonds must 

also meet the criteria of [eF] parag phs (I) and (3) of this subsection, 

or the owner or open!tor which ha not issued rated bonds must also 

meet the criteria of paragraphs (2) nd (3) of this subsection. 

(I) The owner or oper or must have: 

(A) tangible net wo h of at least ten times the total current cost estimate (or the current ount required if a certification is 

used) for all closure activities; 

(B) assets located ii the United States amounting to at 

least 90% of total assets or at leas ten times the total current cost estimate (or the current amount requ ed if a certification is used) for all 

closure activities; 

(C) a current rating or its most recent bond issuance of 

AAA, AA, or A as issued by Stan ard and Poor's, or AAA AA, A as 

issued by Moody's; and 

(D) at least one cia of equity securities registered under the Securities Exchange Act o I 934. 

(2) The owner or oper or must have: 

(A) tangible net w rth greater than $10 million, or of 

at least ten times the total current st estimate (or the current amount 

required if a certification is used) or all closure activities, whichever 

is greater; 

(B) assets located i the United States amounting to at 

least 90% of total assets or at leas ten times the total current cost estimate (or the current amount requ red if a certification is used) for all 

closure activities; 

(C) a ratio of cas! flow divided by total liabilities 

greater than 0.15; and 

(D) a ratio of total iabilities divided by net worth less 

than 1.5. 

(3) To demonstrate th t the owner or operator meets the 

test, it must submit the following i ems to the executive director: 

(A) a letter signed by the owner's or operator's chief 

financial officer and worded iden ically to the wording specified in 

§37.9025(a) of this title (relating o Wording of Financial Assurance 

Mechanisms); and 

(B) a written guara tee, hereafter referred to as "self:. 

guarantee," signed by an authori d representative which meets the 

requirements specified in §37.261 of this title (relating to Corporate 

Guarantee). The wording of the s If-guarantee shall be acceptable to 

the executive director and must in Jude the following: 

(i) the owner or perator will fund and carry out the 

required closure or post closure ac vities, or upon issuance of an order 

by the executive director, the own r or operator will set up and fund a 

trust, as specified in §37.201 oft s title [frelatffig te +Fust Ftffid1] in 

the name of the owner or operato , in the amount of the current cost 

estimates; and 

39 TexReg 9468 December 5, 2014 Texas Register 

(ii) if, at any t me, the owner's or operator's most 

recent bond issuance ceases to be ated in any category of"A" or above 

by either Standard and Poor's or oody's, the owner or operator will 

provide notice in writing of such fact to the executive director within 

20 days after publication of the hange by the rating service. If the 

owner's or operator's most recent bond issuance ceases to be rated in 

any category of" A" or above by b th Standard and Poor's and Moody's, 

the owner or operator no longer eets the requirements of paragraph 

(I) of this subsection. 

(h) This subsection only applies to owners or operators required to provide financial assur ce under Chapter 336, Subchapter 

M of this title. A parent compan controlling a majority of the voting 

stock of the owner or operator rna satisfy the requirements of financial 

assurance by demonstrating that i passes a financial test as specified in 

§37.251 of this title, and by mee ing the requirements of a corporate 

guarantee as specified in §37.261 fthis title. The guarantor shall also 

comply with the requirements id tified in this subsection. 

(1) The wording oft 

§37.361 of this title (relating to 

elude: 

corporate guarantee as specified in 

orporate Guarantee) shall also in-

(A) the signatures ftwo officers of the owner or operator and two officers of the guar ntor who are authorized to bind the 

respective entities; and 

(B) the corporate eals. 

(2) The guarantor sha 1 also certifY and submit to the executive director that the guarantor l as: 

(A) majority cont I of the owner or operator; 

(B) full authority under the laws of the state under 

which it is incorporated and its a icles of incorporation and bylaws to 

enter into this corporate guarante ; 

(C) full approval om its board of directors to enter into 

this corporate guarantee; and 

(D) authorization f each signatory. 

(i) A parent company gu rantee may not be used in combination with other financial assuran mechanisms to satisfY the requirements of this subchapter. A finan ial test by the owner or operator may 

not be used in combination with ny other financial assurance mechanisms to satisfy the requirements f this subchapter or in any situation 

where the owner or operator has a parent company holding majority 

control of the voting stock of the company. 

The agency certifies that leg I counsel has reviewed the proposal and found it to be within the state agency's legal authority 

to adopt. 

Filed with the Office of theSe retary of State on November 21, 

2014. 

TRD-20140557 4 

Robert Martinez 

Director, Environmental Law Divi on 

Texas Commission on Environme tal Quality 

Earliest possible date of adoption January 4, 2015 

For further information, please cal : (512) 239-6812 

+ • + 

CHAPTER 114. CONTROL OF AIR 

POLLUTION FROM MOTOR VEHICLES 
The Texas Commission on Environmental Quality (TCEQ, 

agency, commission) proposes amendments to §§114.2, 114.7, 

114.53, 114.60, 114.62, 114.64, 114.70, and 114.87. 

If adopted, §§114.2, 114.53, and 114.87 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 Proposed 

Rules 

The commission proposes revisions to incorporate a procedure 

for counties to opt out of the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program 

(LIRAP) and to be released from program obligations, including 

remittance of the fee to fund the LIRAP. The commission also 

proposes to add language that differentiates between a LIRAP 

participating county and non-participating county. 

The LIRAP was established to enhance the objectives of the 

Vehicle Inspection and Maintenance (1/M) Program. The 77th 

Texas Legislature, 2001, enacted House Bill (HB) 2134 to assist 

low income individuals with repairs, retrofits, or retirement of vehicles that fail emissions inspections. HB 2134 required the commission and the Texas Department of Public Safety (DPS), by 

rule, to provide the minimum guidelines by which eligible counties may implement the LIRAP. The commission, in coordination 

with DPS, adopted rules implementing HB 2134. 

The LIRAP is a voluntary program, and only those counties that 

have implemented vehicle emissions 1/M programs are eligible 

to participate in the LIRAP. 1/M program counties include Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties 

in the Houston-Galveston-Brazoria (HGB) area; Collin, Dallas, 

Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties in the Dallas-Fort Worth (DFW) area; Travis and 

Williamson Counties in the Austin-Round Rock (ARR) area; and 

El Paso County. To participate, an eligible county must submit 

a written request to the TCEQ from the county's commissioners court to implement the LIRAP. The TCEQ executive director 

and the participating county then enter into a grant contract for 

implementation of the LIRAP. Under the program, monetary or 

other compensatory assistance is provided for emission-related 

repairs directly related to bringing the vehicle into compliance 

or for replacement assistance for a vehicle that has failed the 

required emissions test and for which emission-related repairs 

would not be economical. In addition, appropriated funds are 

granted to participating counties for use in approved local initiative projects (LIP). 

The LIRAP is funded through a fee (LIRAP fee) that is charged to 

vehicle owners in participating counties. The LIRAP fee is $6.00 

in participating DFW and HGB-area counties, and it is charged to 

vehicle owners who receive on-board diagnostics (OBD) emissions inspection tests. The LIRAP fee is $2.00 in participating 

ARR-area counties, and it is charged to vehicle owners for any 

emissions inspection test performed. The LIRAP fee is remitted at authorized inspection stations during annual vehicle safety 

and emissions inspections, but as of March 1, 2015 the LIRAP 

fee will be paid at the Texas Department of Motor Vehicles (DMV) 

or county tax assessor-collector during vehicle registration. This 

change is a result of a 2014 revision to Chapter 114, Subchapters 

A, B, and C (Rule Project Number 2013-035-114-AI), transitioning the state to a single sticker system for vehicle inspection and 

registration and implementing HB 2305, 83rd Texas Legislature, 

2013. 

The 2002 rules adopted to implement the LIRAP established 

minimum and maximum assistance amounts for emission-related repairs and retrofits, minimum and maximum assistance 

amounts toward purchase of replacement vehicles, and criteria for determining eligibility. The 2002 rulemaking required that 

emission-related repairs covered by the program be carried out 

at recognized emissions repair facilities and allowed participating counties to administer the program themselves or contract 

with private entities or other participating counties to administer 

the program. 

The 2002 rulemaking allowed the commissioners court of a participating county to appoint one or more local advisory panels 

consisting of individuals representing automobile dealerships, 

the automotive repair industry, safety inspection stations, local 

affected governments, and local nonprofit organizations to advise the commissioners court on the operation of the LIRAP. Additionally, the rulemaking required the commission to authorize 

the assignment of emissions reduction credits to private, commercial, or business entities that purchase qualified vehicles for 

accelerated retirement under the LIRAP. Retired vehicles had to 

be destroyed, recycled, dismantled with remaining parts sold, or 

placed in storage and subsequently retired, repaired, or used as 

replacement vehicles. The rulemaking to implement the LIRAP 

was adopted on March 27, 2002, as published in the April 12, 

2002, issue of the Texas Register (27 TexReg 3194). 

The 79th Texas Legislature, 2005, enacted HB 1611, which 

revised elements of the LIRAP. HB 1611 allowed for the LIRAP 

to be administered by participating counties in accordance with 

Texas Government Code, Chapter 783 (relating to Uniform 

Grant and Contract Management). It also allowed LIRAP funds 

to cover programmatic costs such as call-center management, 

application oversight, invoice analysis, education, outreach, 

and advertising. In 2005, legislation revised vehicle registration 

eligibility requirements. The commission adopted rule revisions 

(Rule Project Number 2005-073-114-EN) implementing HB 

1611 on April 12, 2006, as published in the April 28, 2006, issue 

of the Texas Register (31 TexReg 3575). 

On April 28, 2014, the commission received Court Order No. 

2014-221-04-21 from the Collin County Commissioners Court 

withdrawing the county from participation in the LIRAP. The court 

order was sent with a letter requesting that the commission release Collin County from program requirements, including collection of the LIRAP fee. 

At the time the URAP was established, the rules did not specify 

a procedure to allow participating counties to opt out of the program or to be released from the LIRAP fee requirement This 

proposed rulemaking would provide Collin County or any participating county with a procedure for opting out of the LIRAP, 

which includes being released from collection of the LIRAP fee 

and ending of the contract between the county and the TCEQ 

executive director. The proposed rulemaking would amend Subchapter A to revise the definitions for the LIRAP to account for 

counties opting out of the program and to add four new definitions to further clarify program elements and differentiate between counties participating in the LIRAP and non-participating 

counties. This proposed rulemaking would also amend Subchapter C, Divisions 1, 2, and 3. Division 1 would be amended 

to revise the liM fees in a participating nonattainment county that 

elects to opt out of the LIRAP. Division 2 would be amended to 

provide a mechanism for participating nonattainment counties to 

opt out of the LIRAP, and Division 3 would be amended to provide a mechanism for early action compact (EAC) counties to 

PROPOSED RULES December 5, 2014 39 TexReg 9469 
opt out of the LIRAP and accordingly, revise the 1/M fee requirements in §114.87. 

Section by Section Discussion 

In addition to the proposed amendments associated with providing a mechanism for counties to opt out of the LIRAP, various stylistic, non-substantive changes are included to update 

rule language to current Texas Register style and format requirements. Such changes include appropriate and consistent use of 

acronyms, section references, rule structure, and certain terminology. These changes are non-substantive and generally are 

not specifically discussed in this preamble. 

§114.2, Inspection and Maintenance Definitions 

The commission proposes to replace the acronym for the Low 

Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program with the full program title to be consistent with the title of the referenced subchapter and Texas Register requirements. 

§114.7, Low Income Vehicle Repair Assistance, Retrofits, and 

Accelerated Vehicle Retirement Program Definitions 

The commission proposes to correct the title of §114.7 by 

amending the term "retrofit" to be singular. In addition, the 

commission proposes to add four new definitions to §114.7 to 

clarify program requirements and differentiate between participating counties and non-participating counties. "LIRAP fee" is 

proposed to be added as paragraph (13) to define the fee that 

vehicle owners in participating LIRAP counties pay when their 

vehicles receive certain emissions tests, OBD tests in DFW and 

HGB-area counties, and any emissions test in El Paso, Travis, 

and Williamson Counties. El Paso is currently a non-participating county. Assessment of the LIRAP fee is authorized by Texas 

Health and Safety Code (THSC), §382.202. 

"LIRAP fee termination date" is proposed to be added as paragraph (14) to define the effective date upon which a county opting out of the LIRAP would no longer pay the LIRAP fee. "LIRAP 

opt-out effective date" is proposed to be added as paragraph (15) 

to define the date upon which a county that was participating in 

the LIRAP becomes a non-participating county. Withdrawal from 

the program is effective on the date that both of the following requirements have been met: 1) the county is no longer subject to 

the LIRAP fee; and 2) the grant contract between the county and 

the TCEQ executive director that established participation in the 

program is ended. The grant contract cannot be ended before 

the LIRAP fee termination effective date. 

"Non-participating county" is proposed to be added as paragraph 

(18) to differentiate between counties that are eligible to participate in the LIRAP but choose not to and eligible counties that 

participate in the LIRAP. The definition for "Participating county" 

is proposed to be amended to clarify that a county that is in the 

process of opting out of the LIRAP would be considered a participating county until the LIRAP opt-out effective date. The definition for "Recognized emissions repair facility" would be amended 

to replace the reference to 37 Texas Administrative Code (TAC) 

§23.93 with 37 TAC §23.51 as it replaced the former as of March 

13, 2013. The remaining definitions in §114.7 would be renumbered to accommodate the added definitions. 

§114.53, Inspection and Maintenance Fees 

The commission proposes to amend §114.53(d)(1), (2), and (3) 

to more fully describe the LIRAP fee as it relates to the vehicle 

1/M programs in El Paso County and the DFW and HGB-area 

39 TexReg 9470 December 5, 2014 Texas Register 

counties. Subparagraphs would be added to §114.53(d)(1), (2), 

and (3) to explain remittance of 1/M fees, including the LIRAP 

fee, in a county participating in the LIRAP, a participating county 

that is in the process of opting out of the LIRAP, and a county 

that is not participating in the LIRAP and not subject to the LIRAP fee. The commission proposes to reorganize §114.53(d)(1) 

to allow the proposed subparagraphs to be consistent among 

the paragraphs of §114.53(d). The proposed description of the 

state fees vehicle owners would pay during vehicle registration 

in participating counties, subparagraph (A) for each paragraph 

in §114.53(d), would include the LIRAP fee. The proposed description of the state fees vehicle owners would pay during vehicle registration in participating counties that are in the process of 

opting out of the LIRAP, subparagraph (B) for each paragraph in 

§114.53(d), would include the LIRAP fee until the effective LIRAP 

fee termination date, after which state fees would not include the 

LIRAP fee. The proposed description of the state fees vehicle 

owners would pay during vehicle registration in non-participating 

counties, subparagraph (C) for each paragraph in §114.53(d), 

would not include the LIRAP fee. 

§114.60, Applicability for LIRAP 

The commission proposes to add §114.60(c)(7) specifying that 

LIRAP requirements are not applicable to vehicles registered in 

counties that do not participate in the program. This addition 

would clarify that vehicles in non-participating counties are not 

subject to LIRAP requirements. 

§114.62, LIRAP Funding 

The commission proposes to amend§ 114.62(a) to clarify that the 

LIRAP is funded through money collected only in participating 

counties, and the term, "participating" would replace "affected" in 

§114.62(c) for consistency in describing counties that participate 

in the program. 

§114.64, LIRAP Requirements 

The counties that are eligible to participate in the LIRAP are 

limited to those that are included in 1/M program areas, but no 

county is required to participate in the LIRAP. The original rule to 

implement the program included a procedure to allow counties 

to opt into the LIRAP, but it did not include a procedure to allow 

counties to opt out. The proposed amendment to §114.64 would 

establish a procedure for opting out of the LIRAP. 

The commission proposes to amend §114.64(a), concerning 

implementation of the LIRAP, to indicate that participation in 

the program is voluntary. The commission proposes to amend 

§ 114.64(b)(3) to clarify that vehicle repair and retrofit assistance 

through the AirCheckTexas Drive a Clean Machine (DACM) 

Program is only available for vehicles registered in participating 

LIRAP counties. 

The commission proposes to add §114.64(g) to establish the 

procedure for opting out of the LIRAP. Proposed §114.64(g)(1) 

would require a county wishing to opt out of the program to submit a written request from the county commissioners court to the 

TCEQ executive director, which is consistent with the process 

for opting into the URAP. The written request would include one 

of two possible LIRAP opt-out effective dates, either the LIRAP 

fee termination effective date or the last day of the legislative 

biennium in which the LIRAP fee termination effective date occurred. The first option would completely withdraw the opt-out 

county from the program on the same date that the county was 

no longer subject to the LIRAP fee. The second option would extend the opt-out county's program participation past the LIRAP 
fee termination effective date to allow the county time to spend 

any remaining funds that had been allocated by the commission. 

The commission requests comment on the two program opt-out 

options proposed. 

Participation in the LIRAP makes grant funds available to counties for program-related projects and to qualified vehicle owners, 

and the LIRAP is funded through fees collected from county vehicle owners. Due to the program's reliance on public support, 

the commission is requesting public comment on the method 

and process by which counties wishing to opt into or out of the 

LIRAP would do so, including any associated public notice requirements. 

Proposed §114.64(g)(2) describes the procedure the commission would follow to release a county from LIRAP requirements 

upon receiving a written request from the county to opt out. Release from LIRAP requirements includes removing the LIRAP 

fee from the state fees charged to vehicle owners during vehicle 

registration, which requires the commission to coordinate with 

the DMV and DPS and to contact the Legislative Budget Board 

of Texas (LBB). This proposal includes a period of time for the LIRAP fee to be removed in counties that have requested to opt out 

of the program. The extended time frame is proposed because 

it allows the DMV to cycle through vehicle registrations for which 

notices that include the LIRAP fee have already been issued. 

The DMV prints and distributes vehicle registration notices more 

than 90 days prior to registration expiration dates. For example, if the TCEQ executive director received a written request to 

withdraw from the program on August 1st, then the effective LIRAP fee termination date would be on or after December 1st because December would be the first month for which registration 

notices that did not include the LIRAP fee would be printed. The 

DMV prints registration notices mid-month, so a written request 

to withdraw that was received by the TCEQ executive director in 

mid-August would likely not result in the LIRAP fee being effectively terminated for the submitting county until, at the earliest, 

January 1st. The commission requests comment concerning this 

element of proposed §114.64(g)(2). 

The proposed effective LIRAP fee termination date would be the 

first day of the month for the month that the DMV issues registration notices that do not include the LIRAP fee in the opt-out 

county. Until the LIRAP fee termination effective date, a county 

in the process of opting out of the LIRAP is still considered a participating county because the LIRAP fee cannot be assessed in 

a non-participating county. Depending upon the LIRAP opt-out 

effective date included in a county's written request to opt out of 

the program, the county could be completely withdrawn from the 

LIRAP on the LIRAP fee termination effective date, ending the 

contract between the county and the TCEQ executive director 

simultaneous with removal of the LIRAP fee, or the county could 

continue to participate in LIRAP activities without being subject 

to the LIRAP fee until the end of the legislative biennium in which 

the fee termination date occurs. The first option could end the 

county's participation in the LIRAP before all grant funds allocated to the county have been spent. The second option would 

allow a county the opportunity to continue LIRAP activities and 

spend previously allocated LIRAP grant funds until the end of 

the biennium in which the LIRAP fee termination date occurred 

for that county. 

Proposed §114.64(g)(3) describes the LIRAP opt-out effective 

date, which is upon which a participating county is no longer subject to the LIRAP fee and the grant contract between the county 

and the TCEQ executive director is ended. On this date, the 

county becomes a non-participating county. Because the commission proposes to allow a county wishing to opt out of the LIRAP two options in determining when the program is ended for 

that county, there are two possible effective dates upon which 

a participating county would become a non-participating county, 

either simultaneous with the LIRAP fee termination effective date 

or the last day of the legislative biennium in which the LIRAP 

fee termination effective date occurred. Upon a county's LIRAP 

opt-out effective date, any remaining grant balances would be 

returned to the commission. 

§114JO, Records, Audits, and Enforcement 

The commission proposes to amend §114.70(c) and (d) to incorporate recordkeeping and inspection requirements for counties that opt out of the LIRAP. Proposed §114.70(c) would require program participants in counties opting out of the LIRAP 

to maintain program records concerning the opt-out county for 

three years after the effective LIRAP opt-outdate for the county. 

Program participants include the county, its designated entity, 

participating recognized emissions repair facilities, and participating vehicle retirement facilities. Proposed §114.70(d) would 

require that in the three-year period during which records must 

be kept after a county's LIRAP opt-out effective date, the TCEQ 

executive director must be allowed to conduct audits and inspections of the records kept concerning the opted out county by program participants. 

§114.87, Inspection and Maintenance Fees 

The commission proposes to amend §114.87 to apply the 

changes proposed in §114.53 to counties with early action 

compact programs that participate in the vehicle emissions 1/M 

program. Proposed §114.87(d)(1)- (3) would explain remittance 

of 1/M fees, including the LIRAP fee, in a county participating 

in the LIRAP, a participating county that is in the process of 

opting out of the LIRAP, and a county that is not participating 

in the LIRAP and not subject to the LIRAP fee. The proposed 

description of the state fees vehicle owners would pay during 

vehicle registration in participating EAC counties, paragraph (1 ), 

would include the LIRAP fee. The proposed description of the 

state fees vehicle owners would pay during vehicle registration 

in participating EAC counties that are in the process of opting 

out of the LIRAP, paragraph (2), would include the LIRAP fee 

until the effective LIRAP fee termination date, after which state 

fees would not include the LIRAP fee. The proposed description 

of the state fees vehicle owners would pay during vehicle 

registration in non-participating EAC counties, paragraph (3), 

would not include the LIRAP fee. 

Fiscal Note: Costs to State and Local Government 

Jeff Horvath, Analyst in the Chief Financial Officer's Division, has 

determined that for the first five-year period the proposed rules 

are in effect, no fiscal implications are anticipated for the agency 

or for other units of state or local government as a result of administration or enforcement of the proposed rules. The proposed 

rules provide a mechanism for a county to withdraw from the LIRAP, which is a voluntary program. 

The proposed rulemaking would establish a procedure to allow 

a participating county to opt out ofthe LIRAP. In March 2002, the 

agency adopted rules to implement the LIRAP, which was authorized in THSC, §382.209. The rules established a fee under the 

vehicle emissions 1/M program to be paid by vehicle owners in 

participating counties, to fund the LIRAP. Pursuant to the passage of HB 2305, 83rd Texas Legislature, under the new single 

sticker system for vehicle inspection and registration, the vehiPROPOSED RULES December 5, 2014 39 TexReg 9471 
cle emissions 1/M fees will now be collected when vehicle owners 

register their vehicles. 

Only counties that participate in the vehicle emissions liM 

program are eligible to participate in the LIRAP. Those counties 

include the nonattainment and planning counties of Brazoria, 

Fort Bend, Galveston, Harris, and Montgomery Counties in the 

HGB area; Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 

Parker, Rockwall, and Tarrant Counties in the DFW area; Travis 

and Williamson Counties in the ARR area, and El Paso County. 

When the rules were first adopted, a procedure was established 

to allow counties to opt into the LIRAP as part of an effort to 

reduce vehicle emissions. All eligible counties but El Paso 

County opted in. However, no mechanism was established to 

allow a participating county to opt out of the LIRAP and have the 

LIRAP-funding fee removed from vehicle emissions inspection 

fees in that county. 

The Auto Emissions Inspection OBD, or LIRAP, fee revenue 

funds the LIRAP for those counties that have opted into the 

program. Vehicle owners in Travis and Williamson Counties 

pay $2.00 in annual LIRAP fees, and vehicle owners in DFWand HGB-area counties pay $6.00 in annual LIRAP fees. These 

fees are added to the base emissions inspection fee. The LIRAP fees from each participating county are deposited into the 

agency's Clean Air Account 151, and a portion of that account's 

balance is used to fund both the DACM and LIP grant programs 

in participating counties. 

If a county opted out of the LIRAP program, the OBD fees that 

fund the program would no longer be collected from vehicle owners in that county. Because this fee is used to fund the DACM 

and LIP programs, opting out would mean the county would not 

receive additional LIRAP funding to support clean air efforts and 

to fund repairs and replacements for low income vehicle owners 

who fail the motor vehicle emissions inspection. 

There is no direct fiscal impact to the agency or to other units 

of state or local government from the proposed rulemaking as 

the proposed rules only provide a mechanism for a county to 

withdraw from the LIRAP, which is a voluntary program. Of the 

17 eligible counties, 16 are currently participating in the program. 

If a county chose to withdraw from the LIRAP, there may be fiscal 

impacts, but they would be a result of voluntarily opting out, not 

a result of the proposed rulemaking. 

The amount of LIRAP funding available to counties depends 

upon how much the legislature decides to appropriate for that 

purpose. The 83rd Texas Legislature, 2013, appropriated 

$7,664,640 annually to fund the LIRAP for Fiscal Years 2014 

and 2015. The estimated amount of Fiscal Year 2014 LIRAP-related revenue was $42,847,650. The portion of the LIRAP 

fee that is not legislatively appropriated to fund the program in 

participating counties remains in the Clean Air Account 151 as 

part of the available fund balance. Collin County submitted a 

resolution from the county commissioners court to opt out of 

the program. Actual fiscal impacts for a county that opts out 

would be unique to that county due to varying funding amounts 

and program-related spending. LIRAP grants are split between 

funding for local projects through the LIP and funding through 

the DACM program, which provides financial assistance for 

vehicle owners to repair, retrofit, or replace vehicles that fail 

annual emissions inspections. Eligible LIP include expansion 

and enhancement of the AirCheckTexas Repair and Replacement Assistance Program, development and implementation 

of remote emissions-sensing systems, enhancement of trans39 TexReg 9472 December 5, 2014 Texas Register 

portation system improvements, and coordination with local law 

enforcement to reduce counterfeit inspection stickers. 

Upon Collin County's URAP opt-out effective date, future funding for both DACM and LIP would stop for Collin County. Collin 

County DACM and LIP allocations for 2008 through 2015 are 

listed in Table 1: OACM and LIP Allocations for Collin County 

No allocations have been made beyond Fiscal Year 2015. 

Figure 1: 30 TAC Chapter 114--Preamble 

If a participating county elects to opt out of the LIRAP, then staff 

would be required to coordinate between the county, the DMV, 

and the DPS to release the county from its LIRAP fee obligation. For example, TCEQ staff would inform DPS and DMV 

of Collin County's intention to withdraw from the LIRAP upon 

adoption of this proposed rulemaking. The proposed rulemaking would allow the DMV time to cycle through its pre-printed vehicle registration forms that include the LIRAP fee. This would 

prevent the DMV from having to reissue vehicle registration notices, which are printed and distributed to vehicle owners more 

than 90 days in advance of when they are due. Vehicle owners 

in Collin County with the LIRAP fee included on their registration 

notices would pay the LIRAP fee, but those notices would cycle 

out as the DMV issued notices that did not include the fee. Any 

DACM or LIP funds that were not spent by Collin County before 

its LIRAP opt-out effective date (either upon the effective LIRAP 

fee termination date or upon the last day of the legislative biennium in which the LIRAP fee termination becomes effective, as 

decided by the county) would be returned to the commission. 

The proposed rules establish a procedure for opting out of the 

LIRAP, but the procedure would not impose a fiscal burden on 

a county wishing to withdraw from the program. The proposed 

rules require records to be kept for three years following a 

county's withdrawal from the LIRAP. This requirement would not 

have a fiscal impact beyond the records retention requirement 

imposed while the county was participating in the program. 

There are participating counties that have used LIRAP grant 

funds for LIP-related salaries. If a county opted out of the LIRAP, those funds would no longer be available for that purpose 

upon the LIRAP opt-out effective date. 

Public Benefits and Costs 

Mr. Horvath has also determined that for each year of the first 

five years the proposed rules are in effect, there is no direct public benefit anticipated from the changes seen in the proposed 

rules. However, counties in nonattainment and planning areas 

that participate in the LIRAP program will have the ability to opt 

out of the program if they so choose. 

The proposed rules are not expected to have fiscal implications 

for individuals or businesses as the proposed rules only provide 

a mechanism for a county to withdraw from the LIRAP, which is 

a voluntary program. 

The residents in a county that voluntarily opted out of the LIRAP program would be affected. The DACM program provides 

assistance to vehicle owners, and by doing so, may help generate business for participating emissions repair facilities, dealers, and vehicle salvage facilities. For example, upon Collin 

County's LIRAP opt-out effective date, eligible, low-income individuals in that county with vehicles that fail emissions inspection tests would not have access to repair or replacement grant 

funds to assist with bringing their vehicles into compliance or 

replacing old vehicles. However, there may be little impact on 

affected businesses as drivers with vehicles that fail emissions 
inspections would still be obligated to remediate the failure, and 

vouchers from vehicle owners in other participating counties can 

still be used in Collin County. 

Vehicle owners in Collin County, or any county opting out, would 

no longer be assessed the annual LIRAP fee upon the effective 

LIRAP fee termination date. Table 2: Estimated Annual Revenue from LIRAP Fee in Collin County lists the estimated LIRAP 

fees by year collected from inspection stickers issued in Collin 

County. There are 21 participating recognized emissions repair 

facilities that perform repair work through the program in Collin 

County, and there are 27 participating dealerships that sell vehicles to eligible participants through the program in Collin County. 

Since the beginning of DACM in 2007, Collin County residents 

have repaired 1,308 vehicles and retired and replaced 2,710 vehicles at an overall cost of $8,896,641. 

Figure 2: 30 TAC Chapter 114--Preamble 

Small Business and Micro-Business Assessment 

No adverse fiscal implications are anticipated for small or micro-businesses as a result of the proposed rules as the proposed 

rules only provide a mechanism for a county to withdraw from the 

LIRAP, which is a voluntary program. If a small business owns 

or operates an emissions repair facility or a vehicle salvage operation that does business through the LIRAP program, or owns 

or operates a participating dealership that sells vehicles to eligible participants through the program, they could be negatively 

impacted if the county in which they operate decides to opt out 

of the LIRAP program. However, drivers in Collin County with 

vehicles that fail emissions inspections would still be obligated 

to remediate the reason for the failure of the vehicle to pass the 

emissions test and vouchers from vehicle owners in other participating counties can still be used in Collin County, so the impact 

to businesses in counties that may opt out of the LIRAP program 

may be minimal. 

Small Business Regulatory Flexibility Analysis 

The commission has reviewed this proposed rulemaking and determined that a small business regulatory flexibility analysis is not 

required because the proposed rules do not adversely affect a 

small or micro-business in a material way for the first five years 

that the proposed rules are in effect. 

Local Employment Impact Statement 

The commission has reviewed this proposed rulemaking and determined that a local employment impact statement is not required because the proposed rules do not adversely affect a local economy in a material way for the first five years that the 

proposed rules are in effect. 

Draft Regulatory Impact Analysis Determination 

The commission reviewed this proposed rulemaking in light of 

the regulatory impact analysis requirements of Texas Government Code, §2001.0225 and determined that it does not meet 

the definition of a "major environmental rule" as defined in that 

statute. A "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." Additionally, this proposed rulemaking does not meet any of the 

four applicability criteria for requiring a regulatory impact analysis for a major environmental rule, which are listed in Texas 

Government Code, §2001.0225(a). Texas Government Code, 

§2001.0225 applies only to a major environmental rule, the result of which is to: 1) exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an 

express requirement of state law, unless the rule is specifically 

required by federal law; 3) exceed a requirement of a delegation agreement or contract between the state and an agency or 

representative of the federal government to implement a state 

and federal program; or 4) adopt a rule solely under the general 

powers of the agency instead of under a specific state law. 

The amendments to Chapter 114 are proposed in accordance 

with HB 2134, which authorized the LIRAP found in THSC, 

Chapter 382. HB 2134 was enacted to enhance the objective 

of the vehicle emissions 1/M program. The LIRAP provides 

financial assistance to low-income individuals for repair, retrofit, 

or retirement of vehicles that fail an emissions inspection. The 

proposed rulemaking is not expected to 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. 

The proposed rulemaking implements requirements of 42 United 

States Code (USC), §7 410, which requires states to adopt a SIP 

that provides for the implementation, maintenance, and enforcement of the National Ambient Air Quality Standards (NAAQS) in 

each air quality control region of the state. The LIRAP was designed to enhance the objectives of the 1/M program, and the 

commission previously submitted the 1/M rules to the EPA as 

a revision to the Texas SIP, which the EPA approved effective 

July 25, 2014. While 42 USC, §7410 generally does notrequire specific programs, methods, or reductions in order to meet 

the standard, the SIP must include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and 

auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet 

the applicable requirements of this chapter (42 USC, Chapter 

85). The provisions of the Federal Clean Air Act (FCAA) recognize that states are in the best position to determine what programs and controls are necessary or appropriate in order to meet 

the NAAQS. This flexibility allows states, affected industry, and 

the public to collaborate on the best methods for attaining the 

NAAQS for the specific regions in the state. Even though the 

FCAA allows states to develop their own programs, this flexibility does not relieve a state from developing a program that meets 

the requirements of 42 USC, §7 410. States are not free to ignore 

the requirements of 42 USC, §7 410 and must develop programs 

to assure that their contributions to nonattainment areas are reduced so that these areas can be brought into attainment on 

schedule. 

The requirement to provide a fiscal analysis of adopted regulations in the Texas Government Code was amended by Senate 

Bill (SB) 633 during the 75th Texas Legislature, 1997. The intent of SB 633 was to require agencies to conduct a regulatory 

impact analysis of extraordinary rules. These rules are identified 

in the statutory language as major environmental rules that will 

have a material adverse impact and will exceed a requirement 

of state law, federal law, or a delegated federal program, or are 

adopted solely under the general powers of the agency. With 

the understanding that this requirement would seldom apply, the 

commission provided a cost estimate for SB 633 concluding that 

"based on an assessment of rules adopted by the agency in the 

past, it is not anticipated that the bill will have significant fiscal 

implications for the agency due to its limited application." The 

PROPOSED RULES December 5, 2014 39 TexReg 9473 
commission also noted that the number of rules that would require assessment under the provisions of the bill was not large. 

This conclusion was based, in part, on the criteria set forth in the 

bill that exempted the adopted rules from the full analysis unless 

the rule was a major environmental rule that exceeds a federal 

law 

As discussed earlier in this preamble, the FCAA does not always 

require specific programs. methods, or reductions in order to 

meet the NAAQS; thus, states must develop programs for each 

area contributing to nonattainment to help ensure that those areas will meet the attainment deadlines. Because of the ongoing 

need to address nonattainment issues and to meet the requirements of 42 USC, §7410, the commission routinely proposes 

and adopts SIP rules. The legislature is presumed to understand 

this federal scheme. If each rule adopted for inclusion in the SIP 

was considered to be a major environmental rule that exceeds 

federal law, then every SIP rule would require the full regulatory 

impact analysis contemplated by SB 633. This conclusion is inconsistent with the conclusions reached by the commission in its 

cost estimate and by the LBB in its fiscal notes. Since the legislature is presumed to understand the fiscal impacts of the bills it 

passes and that presumption is based on information provided 

by state agencies and the LBB, the commission believes that the 

intent of SB 633 was only to require the full regulatory impact 

analysis for rules that are extraordinary in nature. While the SIP 

rules will have a broad impact, the impact is no greater than is 

necessary or appropriate to meet the requirements of the FCAA. 

For these reasons. rules adopted for inclusion in the SIP fall under the exception in Texas Government Code, §2001.0225(a) 

because they are required by federal law. 

The commission has consistently applied this construction to its 

rules since this statute was enacted in 1997. Since that time, 

the legislature has revised the Texas Government Code but left 

this provision substantially un-amended. It is presumed that 

"when an agency interpretation is in effect at the time the legislature amends the laws without making substantial change in the 

statute, the legislature is deemed to have accepted the agency's 

interpretation." Central Power & Light Co. v. Sharp, 919 S.W.2d 

485, 489 (Tex. App. Austin 1995), writ denied with per curiam 

opinion respecting another issue, 960 S.W.2d 617 (Tex. 1997); 

Bullock v. Marathon Oil Co., 798 S.W.2d 353, 357 (Tex. App. 

Austin 1990, no writ). Cf. Humble Oil & Refining Co. v. Calvert, 

414 S.W.2d 172 (Tex. 1967); Dudney v. State Farm Mut. Auto 

Ins. Co., 9 S.W.3d 884, 893 (Tex. App. Austin 2000); Southwestern Life Ins. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App. 

Austin 2000, pet. denied); and Coastallndust. Water Auth. v. 

Trinity Portland Cement Div., 563 S.W.2d 916 (Tex. 1978). 

The commission's interpretation of the regulatory impact analysis requirements is also supported by a change made to the 

Texas Administrative Procedure Act (APA) by the legislature in 

1999. In an attempt to limit the number of rule challenges based 

upon APA requirements. the legislature clarified that state agencies are required to meet these sections of the APA against the 

standard of "substantial compliance." The legislature specifically 

identified Texas Government Code, §2001.0225, as falling under 

this standard. The commission has substantially complied with 

the requirements of Texas Government Code, §2001.0225. 

The specific intent of these proposed rules is to amend sections 

of the TAC, which would allow any participating county to opt out 

of the LIRAP, including the collection of the URAP fee collected 

at the time of vehicle registration, without a future rulemaking. 

By providing a mechanism for participating counties to opt out of 

39 TexReg 9474 December 5, 2014 Texas Register 

the LIRAP, this proposed rulemaking creates a more comprehensive program in accordance with the TCEQ's statutory obligation 

to create and implement the LIRAP. Additionally, even if the proposed rulemaking was a major environmental rule, it does not exceed a standard set by federal law or exceed an express requirement of state law. No contract or delegation agreement covers 

the topic that is the subject of this proposed rulemaking. Therefore, this proposed rulemaking is not subject to the regulatory 

analysis provisions of Texas Government Code, §2001.0225(b) 

because it does not meet the definition of a "major environmental rule," nor does it meet any of the four applicability criteria for 

a major environmental rule. 

Written comments on the draft regulatory impact analysis determination may be submitted to the contact person listed under the 

Submittal of Comments section of this preamble. 

Takings Impact Assessment 

The commission evaluated the proposed rulemaking and performed an assessment of whether Texas Government Code, 

Chapter 2007 is applicable. The specific intent of these proposed rules is to amend sections of the TAC, which would 

allow any participating county to opt out of the LIRAP, including 

the collection of program-related LIRAP fee, without a future 

rulemaking. The proposed rules would substantially advance 

this stated purpose by amending sections in Chapter 114, 

Subchapters A and C to include revisions of the definitions and 

fees and to provide a mechanism for participating counties to 

opt out of the LIRAP. By providing a mechanism for participating 

counties to opt out of the LIRAP, this proposed rulemaking 

creates a more comprehensive program in accord with the 

TCEQ's statutory obligation to create and implement the LIRAP. 

Texas Government Code, §2007.003(b)(4) provides that Texas 

Government Code, Chapter 2007 does not apply to this proposed rulemaking because it is an action reasonably taken to 

fulfill an obligation mandated by state law. THSC, Chapter 382 

requires the commission to establish and authorize the commissioners court of a participating county to implement a LIRAP 

subject to agency oversight that may include reasonable, periodic commission audits. Consequently, the proposed rulemaking meets the exemption criteria in Texas Government Code, 

§2007.003(b)(4). Nevertheless. the commission further evaluated these proposed rules and performed an assessment of 

whether these proposed rules constitute a "taking" under Texas 

Government Code, Chapter 2007. Promulgation and enforcement of these proposed rules would be neither a statutory nor 

a constitutional taking of private real property. Specifically, the 

subject proposed regulations do not affect a landowner's rights in 

private real property because this rulemaking would not burden 

(constitutionally), nor restrict or limit the owner's right to property 

and reduce its value by 25% or more beyond that which would 

otherwise exist in the absence of the regulations. These proposed rules create a voluntary program for counties in the state 

to participate in and opt out of the LIRAP. In addition, because the 

subject proposed regulations do not provide more stringent requirements they do not burden, restrict, or limit an owner's right 

to property and reduce its value by 25% or more beyond that 

which would otherwise exist in the absence of the regulations. 

Therefore, these proposed rules would not constitute a taking 

under the Texas Government Code, Chapter 2007. For these 

reasons, Texas Government Code, Chapter 2007 does not apply to this proposed rulemaking. 

Consistency with the Coastal Management Program 
The commission reviewed the proposed rulemaking and found 

the proposal is a rulemaking identified in the Coastal Coordination Act Implementation Rules, 31 TAC §505.11(b)(4) relating to 

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 Advisory Committee 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 therefore, is 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 

The commission will hold a public hearing on this proposal in 

Austin on January 6, 2015, at 2:00p.m. in Building E, Room 

201S, at the commission's central office located at 12100 Park 

35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present 

oral statements when called upon in order of registration. Open 

discussion will not be permitted during the hearing; however, 

commission staff members will be available to discuss the 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 

Sandy Wong, Office of Legal Services, at (512) 239-1802. Requests should be made as far in advance as possible. 

Submittal of Comments 

Written comments may be submitted to Kris Hogan, MC 205, 

Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, 

or faxed to (512) 239-4808. Electronic comments may be 

submitted at: http://www5. tceq. texas.govlruleslecomments! 

File size restrictions may apply to comments being submitted 

via the eComments system. All comments should reference 

Rule Project Number 2014-027-114-AI. The comment period 

closes on January 9, 2015. Copies of the proposed rulemaking can be obtained from the commission's Web site at 

http:llwww.tceq.texas.gov/nav!ru/es/propose_adopt.html. For 

further information, please contact Jamie Zech, Air Quality 

Planning Section, (512) 239-3935. 

SUBCHAPTER A. DEFINITIONS 

30 TAC §114.2, §114.7 

Statutory Authority 

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

§5.1 02, concerning General Powers, that provides the commission with the general powers to carry out its duties under the 

TWC; TWC, §5.1 03, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.1 05, concerning General Policy, 

that authorizes the commission by rule to establish and approve 

all general policy of the commission; and under Texas Health 

and Safety Code (THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The amendments 

are also proposed under THSC, §382.002, concerning Policy 

and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection 

of public health, general welfare, and physical property; THSC, 

§382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and 

THSC, §382.012, concerning the State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of the state's air. Additionally, the amendments are proposed under THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and the Public Safety Commission to adopt 

rules implementing the LIRAP; and THSC, §382.210, concerning Implementation Guidelines and Requirements for the LIRAP, 

that authorizes the commission to adopt rules creating guidelines 

to assist participating counties in implementing the LIRAP. 

The proposed amendments implement THSC, §§382.002, 

382.011, 382.012, 382.017, 382.209, and 382.210. 

§114.2. Inspection and Maintenance 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 that are defined by the TCAA, the following words and 

terms, when used in Subchapter C of this chapter (relating to Vehicle 

Inspection and Maintenance; Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program [ ±JRAI!.]; and 

Early Action Compact Counties), have the following meanings, unless 

the context clearly indicates otherwise. 

(1) Acceleration simulation mode (ASM-2) test--An emissions test using a dynamometer (a set of rollers on which a test vehicle's 

tires rest) that applies an increasing load or resistance to the drive train 

of a vehicle, thereby simulating actual tailpipe emissions of a vehicle 

as it is moving and accelerating. The ASM-2 vehicle emissions test is 

comprised of two phases: 

(A) the 50115 mode--in which the vehicle is tested for 

90 seconds upon reaching and maintaining a constant speed of 15 miles 

per hour (mph) on a dynamometer that simulates acceleration at a rate 

of 3.3 mph per second by using 50% of the vehicle available horsepower; and 

(B) the 25/25 mode--in which the vehicle is tested for 

90 seconds upon reaching and maintaining a constant speed of 25 mph 

on a dynamometer that simulates acceleration at a rate of 3.3 mph per 

second by using 25% of the vehicle available horsepower. 

(2) Consumer price index--The consumer price index for 

any calendar year is the average of the consumer price index for allurban consumers published by the United States Department of Labor, 

as of the close of the 12-month period ending on August 31 of the 

calendar year. 

(3) Controller area network (CAN)--A vehicle manufacturer's communications protocol that connects to the various electronic 

modules in a vehicle. CAN provides one protocol that collects information from the vehicle's electronic systems including the on-board 

diagnostics (OBD) emissions testing system. The United States Environmental Protection Agency requires the CAN protocol to be installed 

in OBD-compliant vehicles beginning with some model year 2003 vehicles and phasing in to all OBD-compliant vehicles by the 2008 model 

year. 

PROPOSED RULES December 5, 2014 39 TexReg 9475 
(4) Low-volume emissions inspection station--A vehicle 

emissions inspection station that meets all criteria for obtaining a 

low-volume waiver from the Texas Department of Public Safety. 

(5) Motorist--A person or other entity responsible for the 

inspection, repair, and maintenance of a motor vehicle, which may include, but is not limited to, owners and lessees. 

(6) On-board diagnostic (OBD) system--The computer 

system installed in a vehicle by the manufacturer that monitors the 

performance of the vehicle emissions control equipment, fuel metering 

system, and ignition system for the purpose of detecting malfunction 

or deterioration in performance that would be expected to cause the 

vehicle not to meet emissions standards. All references to OBD 

should be interpreted to mean the second generation of this equipment, 

sometimes referred to as OBD II. 

(7) On-road test--Utilization of remote sensing technology 

to identify vehicles operating within the inspection and maintenance 

program areas that have a high probability of being high-emitters. 

(8) Out-of-cycle test--Required emissions test not associated with vehicle safety inspection testing cycle. 

(9) Primarily operated--Use of a motor vehicle greater than 

60 calendar days per testing cycle in an affected county. Motorists shall 

comply with emissions requirements for such counties. It is presumed 

that a vehicle is primarily operated in the county in which it is registered. 

(10) Program area--County or counties in which the Texas 

Department ofPublic Safety, in coordination with the commission, administers the vehicle emissions inspection and maintenance program 

contained in the Texas Inspection and Maintenance State Implementation Plan. These program areas include: 

(A) the Dallas-Fort Worth program area, consisting of 

the following counties: Collin, Dallas, Denton, and Tarrant; 

(B) the El Paso program area, consisting of El Paso 

County; 

(C) the Houston-Galveston-Brazoria program area, 

consisting of Brazoria, Fort Bend, Galveston, Harris, and Montgomery 

Counties; and 

(D) the extended Dallas-Fort Worth program area, consisting of Ellis, Johnson, Kaufman, Parker, and Rockwall Counties. 

These counties became part of the program area as of May 1, 2003. 

(11) Retests--Successive vehicle emissions inspections following the failing of an initial test by a vehicle during a single testing 

cycle. 

(12) Testing cycle--Before the single sticker transition date 

as defined in §114.1 of this title (relating [rel-atetl] to Definitions), the 

annual cycle commencing with the first safety inspection certificate expiration date for which a motor vehicle is subject to a vehicle emissions 

inspection or beginning on the single sticker transition date, the annual 

cycle commencing with the first vehicle registration expiration date for 

which a motor vehicle is subject to a vehicle emissions inspection. 

(13) Two-speed idle (TSI) inspection and maintenance 

test--A measurement of the tailpipe exhaust emissions of a vehicle 

while the vehicle idles, first at a lower speed and then again at a higher 

speed. 

(14) Uncommon part--A part that takes more than 30 days 

for expected delivery and installation where a motorist can prove that a 

reasonable attempt made to locate necessary emission control parts by 

39 TexReg 9476 December 5, 2014 Texas Register 

retail or wholesale part suppliers will exceed the remaining time prior 

to expiration of: 

(A) the vehicle safety inspection certificate prior to the 

single sticker transition date as defined in §114.1 of this title (relating 

to Definitions); 

(B) the vehicle registration beginning on the single 

sticker transition date as defined in §114.1 ofthis title; or 

(C) the 30-day period following an out-of-cycle inspection. 

§114.7. Low Income Vehicle Repair Assistance, Retrofit[~], 

and Accelerated Vehicle Retirement Program Definitions. 

Unless specifically defined in the Texas Clean Air Act (TCAA) or in the 

rules of the commission, the terms used in this chapter 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, §§3.2, 101.1, 

and 114.1 of this title (relating to Definitions), the following words and 

terms, when used in Subchapter C, Division 2[-,] of this chapter (relating to Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program) have the following meanings, unless 

the context clearly indicates otherwise. 

(1) Affected county--A county with a motor vehicle emissions inspection and maintenance program established under Texas 

Transportation Code, §548.30 1. 

(2) Automobile dealership--A business that regularly and 

actively buys, sells, or exchanges vehicles at an established and permanent location as defined under Texas Transportation Code, §503.301. 

The term includes a franchised motor vehicle dealer and an independent motor vehicle dealer. 

(3) Car--A motor vehicle, other than a golf cart, truck or 

bus, designed or used primarily for the transportation of persons. A 

passenger van or sports utility vehicle may be considered a car under 

this section. 

(4) Commercial vehicle--A vehicle that is owned or leased 

in the regular course of business of a commercial or business entity. 

(5) Destroyed--Crushed, shredded, scrapped, or otherwise 

dismantled to render a vehicle, vehicle's engine, or emission control 

components permanently and irreversibly incapable of functioning as 

originally intended. 

(6) Dismantled--Extraction of parts, components, and 

accessories for use in the Low Income Vehicle Repair Assistance, 

Retrofit. and Accelerated Vehicle Retirement Program [-lew .ffiwme 

-vehle!e -fej3frif assistance, retfeH.t, ftflEi accelerated -vehle!e retirement 

pregram] or sold as used parts. 

(7) Electric vehicle--A motor vehicle that draws propulsion 

energy only from a rechargeable energy storage system. 

(8) Emissions control equipment--Relating to a motor vehicle that is subject to§ 114.50(a) of this title (relating to Vehicle Emissions Inspection Requirements). If the vehicle is so equipped, these 

include: exhaust gas recirculation system, power control module, catalytic converter, oxygen sensors, evaporative purge canister, positive 

crankcase ventilation valve, and gas cap. 

(9) Engine--The fuel-based power source of a motor vehicle that is subject to §114.50(a) of this title (relating to Vehicle Emissions Inspection Requirements). 

( 10) Fleet vehicle--A motor vehicle operated as one of a 

group that consists of more than ten motor vehicles and that is owned 
and operated by a public or commercial entity or by a private entity 

other than a single household. 

(II) Hybrid vehicle--A motor vehicle that draws propulsion energy from both gasoline or conventional diesel fuel and a 

rechargeable energy storage system. 

(12) LIRAP--Low Income Vehicle Repair Assistance, 

Retrofit. and Accelerated Vehicle Retirement Program [bew ffioome 

¥eftiele fej7ll-ir assistance, retfefrt, ant! accelerated ¥eftiele retirement 

pregram]. 

(13) LIRAP fee--The portion of the vehicle emissions inspection fee that is required to be remitted to the state at the time of 

annual vehicle registration, as authorized by Texas Health and Safety 

Code, §382.202, in counties participating in the Low Income Vehicle 

Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program. 

(14) LIRAP fee termination date--The first day of the 

month for the month that the Texas Department of Motor Vehicles 

issues registration notices without the Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program 

(LIRAP) fee, as defined in this section, in a participating county opting 

out of the LIRAP. 

(15) LIRAP opt-out effective date--The date upon which a 

county that was participating in the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) 

becomes a non-participating county, which occurs when the grant 

contract between the county and the executive director, established in 

§ 114.64( a) of this title (relating to LIRAP Requirements), is ended, 

but no earlier than the LIRAP fee termination effective date. 

Q.§l [~] Motor vehicle--A fully self-propelled vehicle 

having four wheels that has as its primary purpose the transport of a 

person, persons, or property on a public highway. 

012 [fMJ] Natural gas vehicle--A motor vehicle that uses 

only compressed natural gas or liquefied natural gas as fuel. 

(18) Non-participating county--An affected county that has 

either: 

(A) not opted into the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) authorized by Texas Health and Safety Code, §382.209; or 

(B) opted out of the LIRAP according to the procedures 

specified in §114.64(g) of this title (relating to LIRAP Requirements) 

and has been released from all program requirements. including assessment of the LIRAP fee as defined in this section and participation in 

LIRAP grant programs. 

f122 [~] Participating county--An affected county in 

which the commissioners court by resolution has chosen to implement 

a Low Income Vehicle Repair Assistance, Retrofit. and Accelerated 

Vehicle Retirement Program (LIRAP) [lew ffioome ¥eftiele fej7ll-ir 

assistance, retfefrt, and accelerated ¥eftiele retirement pregram] authorized by Texas Health and Safety Code, §382.209. An affected 

county that is in the process of opting out of the LIRAP is considered a 

participating county until the LIRAP opt-out effective date as defined 

in this section. 

GQ2 [(-l-Bj] Proof of sale--A notice of sale or transfer filed 

with the Texas Department of Transportation as required under Texas 

Transportation Code, §503.005, or if unavailable, an affidavit from the 

selling dealer or documents approved by the commission. 

@ [fl-+t] Proof of transfer--A TCEQ form that identifies 

the vehicle to be destroyed and tracks the transfer of the vehicle to the 

recycler from the participating county, automobile dealer, and dismantler. 

(22) [fl&j] Qualifying motor vehicle--A motor vehicle that 

meets the requirements for replacement in§ 114.64 of this title (relating 

to LIRAP Requirements). 

(23) [f!-91] Recognized emissions repair facility--An 

automotiverepair facility as provided in 37 Texas Administrative 

Code §23.51 (relating to Vehicle Emissions Inspection Requirements) 

[~relating te -Ve-hicle Emissions Inspection Requiren1ents]. 

Q:!2 [~]Recycled--Conversion of metal or other material into raw material products that have prepared grades; an existing 

or potential economic value; and using these raw material products in 

the production of new products. 

@ [P--1-:)] Replacement vehicle--A vehicle that is in a 

class or category of vehicles that has been certified to meet federal Tier 

2, Bin 5 or cleaner Bin certification under 40 Code of Federal Regulations §86.1811-04, as published in the February 10,2000, Federal Register: has a gross vehicle weight rating ofless than 10,000 pounds; have 

an odometer reading of not more than 70,000 miles; the total cost does 

not exceed $35,000 and up to $45,000 for hybrid, electric, or natural 

gas vehicles, or vehicles certified as Tier 2 Bin 3 or cleaner Bin certification under 40 Code ofFederal Regulations §86.1811-04, as published 

in the February 10, 2000, issue of the Federal Register (65 FR 6698); 

has passed a Texas Department of Public Safety motor vehicle safety 

inspection or safety and emissions inspection within the IS-month period before the application is submitted. 

Q§2 [~]Retrofit--To equip, or the equipping of, an engine or an exhaust or fuel system with new, emissions-reducing parts 

or equipment designed to reduce air emissions and improve air quality, 

after the manufacture of the original engine or exhaust or fuel system, 

so long as the parts or equipment allow the vehicle to meet or exceed 

state and federal air emissions reduction standards. 

@ [~] Retrofit equipment--Emissions-reducing 

equipment designed to reduce air emissions and improve air quality 

that is approved by the United States Environmental Protection 

Agency and is installed after the manufacture of the original engine, 

exhaust, or fuel system. 

(28) [fMj] Total cost--The total amount Qfmoney paid or 

to be paid for the purchase of a motor vehicle as set forth as the sales 

price in the form entitled "Application for Texas Certificate of Title" 

promulgated by the Texas Department of Transportation. In a transaction that does not involve the use of that form, the term means an 

amount of money that is equivalent, or substantially equivalent, to the 

amount that would appear as the sales price on the application for Texas 

Certificate of Title if that form were used. 

(29) [~] Truck--A motor vehicle having a gross vehicle 

weight rating of less than 10,000 pounds and designed primarily for the 

transport of persons and cargo. 

.QQ2 [~]Vehicle--A motor vehicle subject to §114.50(a) 

of this title (relating to Vehicle Emissions Inspection Requirements). 

(31) [~] Vehicle owner--For the purposes of repair assistance or retrofit, the person who holds the Certificate of Title for the 

vehicle and/or the operator who is granted possession and is authorized 

to make repairs under a lease or purchase agreement; and for the purposes of accelerated retirement, the person who holds the Certificate of 

Title for the vehicle. 

iB} [~]Vehicle retirement facility--A facility that, at a 

minimum, is licensed, certified, or otherwise authorized by the Texas 

PROPOSED RULES December 5, 2014 39 TexReg 9477 
Department of Transportation to destroy, recycle, or dismantle vehicles. 

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority 

to adopt. 

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

2014. 

TRD-201405584 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: January 4, 2015 

For further information, please call: (512) 239-6812 

• • • 

SUBCHAPTER C. VEHICLE INSPECTION 

AND MAINTENANCE; LOW INCOME 

VEHICLE REPAIR ASSISTANCE, RETROFIT, 

AND ACCELERATED VEHICLE RETIREMENT 

PROGRAM; AND EARLY ACTION COMPACT 

COUNTIES 

DIVISION 1. VEHICLE INSPECTION AND 

MAINTENANCE 

30 TAC §114.53 

Statutory Authority 

The amendment is proposed under Texas Water Code (TWC), 

§5.1 02, concerning General Powers, that provides the commission with the general powers to carry out its duties under the 

TWC; TWC, §5.1 03, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and 

duties under the TWC; TWC, §5.1 05, concerning General Policy, that authorizes the commission by rule to establish and approve all general policy of the commission; and under Texas 

Health and Safety Code (THSC), §382.017, concerning Rules, 

that authorizes the commission to adopt rules consistent with 

the policy and purposes of the Texas Clean Air Act. The amendment is also proposed under THSC, §382.002, concerning Policy 

and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection 

of public health, general welfare, and physical property; THSC, 

§382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and 

THSC, §382.012, concerning the State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of the state's air. Additionally, the amendment is proposed under THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and the Public Safety Commission to adopt 

rules implementing the LIRAP; and THSC, §382.210, concerning Implementation Guidelines and Requirements for the LIRAP, 

that authorizes the commission to adopt rules creating guidelines 

to assist participating counties in implementing the LIRAP. 

The proposed amendment implements THSC, §§382.002, 

382.011, 382.012, 382.017, 382.209, and 382.210. 

39 TexReg 9478 December 5, 2014 Texas Register 

§114.53. Inspection and ""Vlaintenance Fees. 

(a) The following fees must be paid for an emissions inspection of a vehicle at an inspection station. This fee must include one free 

retest should the vehicle fail the emissions inspection provided that the 

motorist has the retest perfonned at the same station where the vehicle 

originally failed and submits, prior to the retest, a properly completed 

vehicle repair form showing that emissions-related repairs were performed and the retest is conducted within 15 days of the initial emissions test. 

(I) In El Paso County beginning May I, 2002 and ending 

on the day before the single sticker transition date as defined in 

§ 114.1 of this title (relating to Definitions). any emissions inspection 

station required to conduct an emissions test in accordance with 

§ 114.50(a)(4 )(A), (B), or (C) of this title (relating to Vehicle Emissions 

Inspection Requirements) must collect a fee of$14 and remit $2.50 to 

the Texas Department of Public Safety (DPS). If the El Paso County 

Commissioners Court adopts a resolution that is approved by the commission to participate in the Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program (LIRAP), the 

emissions inspection station in El Paso County must collect a fee of 

$16 and remit to the DPS $4.50 beginning upon the date specified 

by the commission and ending on the day before the single sticker 

transition date. Beginning on the single sticker transition date, any 

emissions inspection station in El Paso County required to conduct an 

emissions test in accordance with §114.50(a)(4)(A), (B), or (C) of this 

title must collect a fee not to exceed $11.50. 

(2) In the Dallas-Fort Worth program area beginning May 

1, 2002 and ending on the day before the single sticker transition date as 

defined in § 114.1 of this title, any emissions inspection station required 

to conduct an emissions test in accordance with §114.50(a)(1)(A) or 

(B) of this title and in the extended Dallas-F01i Worth program area 

beginning May 1, 2003 and ending on the day before the single sticker 

transition date, any emissions inspection station required to conduct an 

emissions test in accordance with § 114.50(a)(2)(A) or (B) of this title must collect a fee not to exceed $27. Beginning May 1, 2002 and 

ending on the day before the single sticker transition date in the Dallas-Fort Worth and the extended Dallas-Fort Worth program areas, the 

emissions inspection station must remit to the DPS $2.50 for each acceleration simulation mode (ASM-2) test and $8.50 for each on-board 

diagnostics (OBD) test. Beginning on the single sticker transition date 

in the Dallas-Fort Worth and the extended Dallas-Fort Worth program 

areas, any emissions inspection station required to conduct an emissions test in accordance with §114.50(a)(I)(A) or (B) and (2)(A) or (B) 

of this title must collect a fee not to exceed $24.50 for each ASM-2 test 

and $18.50 for each OBD test. 

(3) In the Houston-Galveston-Brazoria program area beginning May 1, 2002 and ending on the day before the single sticker 

transition date as defined in §114.1 of this title, any emissions inspection station in Harris County required to conduct an emissions test in accordance with §114.50(a)(3)(A) or (B) of this title and beginning May 

I, 2003 and ending on the day before the single sticker transition date, 

any emissions inspection station in Brazoria, Fort Bend, Galveston, and 

Montgomery Counties required to conduct an emissions test in accordance with §114.50(a)(3)(D) or (E) of this title must collect a fee not to 

exceed $27. Beginning May I, 2002 and ending on the day before the 

single sticker transition date in Brazoria, Fort Bend, Galveston, Harris, 

and Montgomery Counties. the emissions inspection station must remit 

to the DPS $2.50 for each ASM-2 test and $8.50 for each OBD test. 

Beginning on the single sticker transition date in Brazoria, Fort Bend, 

Galveston, Harris, and Montgomery Counties, any emissions inspection station required to conduct an emissions test in accordance with 

§114.50(a)(3)(A), (B), (D), or (E) of this title must collect a fee not to 

exceed $24.50 for each ASM-2 test and $18.50 for each OBD test. 
(b) The per-vehicle fee and the amount the inspection station 

remits to the DPS for a challenge test at an inspection station designated 

by the DPS, must be the same as the amounts set forth in subsection (a) 

of this section. The challenge fee must not be charged if the vehicle is 

retested within 15 days of the initial test. 

(c) Inspection stations perfcnming out-of-cycle vehicle emissions inspections for the state's remote sensing element must charge a 

motorist for an out-of-cycle emissions inspection in the amount specified in subsection (a) of this section resulting from written notification 

that subject vehicle failed on-road testing. If the vehicle passes the vehicle emissions inspection, the vehicle owner may request reimbursement from the DPS. 

(d) Beginning on the single sticker transition date as defined in 

§ 114.1 of this title, vehicle owners shall remit as pmi of the annual vehicle registration fee collected by the Texas Department ofMotor Vehicles (DMV) or county tax assessor-collector the amount of the vehicle 

emissions inspection fee that is required to be remitted to the statej,. as 

spe€#ied ey the follov.ing requirements:] 

(1) In El Paso County, the following requirements apply. 

[ ¥efti€.le ewners shall remit ~ fur me-tor ¥efti€.les sul7je€t re ¥eftieie emissions inspections re the DMV eF 00\ill-ty til* assessor eollec 

rer at the time ef the annual ¥efti€.le registration as part ef the ¥efti€.le 

emissions inspection tee. If the ill Paso Getmty Commissioners Getut 

aOOpts a resolution that is approved ey the commission re participate 

ffi the bew Inoome ¥ehlele Repair Assistance, RetreiH, and Awelerated ¥ehlele Retirement Program, ¥efti€.le ewners shall remit $+.W fur 

me-tor ~ ~ re ¥efti€.les emissions inspections re the DMV 

eF €ffilfttJ' til* assessor collector at the time ef the annual ¥efti€.le registratioft as part ef the ¥efti€.le emissions inspection fee beginning tlf*ffl 

the date specified ey the commission.] 

(A) Ifpmiicipating in the LIRAP, vehicle owners shall 

remit $4.50 for motor vehicles subject to vehicle emissions inspections 

to the DMV or county tax assessor-collector at the time of annual vehicle registration as part of the vehicle emissions inspection fee. Of the 

$4.50 remitted, $2.00 constitutes the LIRAP fee as defined in 9114.7 of 

this title (relating to Low Income Vehicle Repair Assistance, Retrofit, 

and Accelerated Vehicle Retirement Program Definitions). 

(B) If participating in the LIRAP and in the process of 

opting out. vehicle owners shall remit $4.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county tax assessor-collector at the time of annual vehicle registration as part of the 

vehicle emissions inspection fee until the LIRAP fee termination effective date as defined in ~114.7 of this title. Ofthe $4.50 remitted. $2.00 

constitutes the LIRAP fee as defined in §114.7 of this title. Upon the 

LIRAP fee termination effective date, vehicle owners shall remit $2.50 

for motor vehicles subject to vehicle emissions inspections to the DMV 

or county tax-assessor-collector at the time of annual vehicle registration as part of the vehicle emissions inspection fee. 

(C) If not participating in the LIRAP, vehicle owners 

shall remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county tax-assessor-collector at the time of 

annual vehicle registration as part of the vehicle emissions inspection 

fee. 

(2) In the Dallas-Fort Worth and the extended Dallas-Fort 

Worth program areas, the following requirements apply. [vec!Heleewners shall remit ~ fur me-tor ¥efti€.les ~ re ~ tests and 

~ fur me-tor ¥efti€.les sul7je€t re GIID tests re the DM¥ eF 00\ill-ty 

til* assessor collector at the time ef the annual ¥efti€.le registration as 

part ef the ¥e-fti€.le emissions ~ tee.] 

(A) Vehicle owners in counties participating in the LIRAP shall remit $2.50 for motor vehicles subject to ASM-2 tests and 

$8.50 for motor vehicles subject to OBD tests to the DMV or county 

tax assessor-collector at the time of annual vehicle registration as pm1 

of the vehicle emissions inspection fee. Of the $8.50 remitted for OBD 

tests, $6.00 constitutes the LIRAP fee as defined in §114.7 ofthis title. 

(B) Vehicle owners in counties participating in the LIRAP that are in the process of opting out shall remit $2.50 for motor 

vehicles subject to ASM-2 tests and $8.50 for motor vehicles subject 

to OBD tests to the DMV or county tax assessor-collector at the time 

of annual vehicle registration as part of the vehicle emissions inspection fee until the LIRAP fee termination effective date as defined in 

§114.7 of this title. Of the $8.50 remitted for OBD tests, $6.00 constitutes the LIRAP fee as defined in §114.7 ofthis title. Upon the LIRAP 

fee termination effective date, vehicle owners in paliicipating counties 

that are in the process of opting out of the LIRAP shall remit $2.50 for 

motor vehicles subject to vehicle emissions inspections to the DMV or 

county tax-assessor-collector at the time of annual vehicle registration 

as part of the vehicle emissions inspection fee. 

(C) Vehicle owners in counties not participating in the 

LIRAP shall remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county tax-assessor-collector at the 

time of annual vehicle registration as pali of the vehicle emissions inspection fee. 

(3) In the Houston-Galveston-Brazoria program area, the 

following requirements apply. [¥e-fti€.le ewners shall remit~ fur 

me-tor ~ ~ re ~ tests anti ~ .fof me-tor ¥efti€.les 

~ re GOO tests te the DM¥ eF €ffilfttJ' til* assessor collector at the 

time ef the ilf1fHiftl ¥efti€.le registration as part ef the ¥effiele emissions 

inspection tee.] 

(A) Vehicle owners in counties participating in the LIRAP shall remit $2.50 for motor vehicles subject to ASM-2 tests and 

$8.50 for motor vehicles subject to OBD tests to the DMV or county 

tax assessor-collector at the time of annual vehicle registration as part 

of the vehicle emissions inspection fee. Of the $8.50 remitted for OBD 

tests, $6.00 constitutes the LIRAP fee as defined in §114.7 ofthis title. 

(B) Vehicle owners in counties participating in the LIRAP that are in the process of opting out shall remit $2.50 for motor 

vehicles subject to ASM-2 tests and $8.50 for motor vehicles subject 

to OBD tests to the DMV or county tax assessor-collector at the time 

of annual vehicle registration as part of the vehicle emissions inspection fee until the LIRAP fee termination effective date as defined in 

9114.7 of this title. Of the $8.50 remitted for OBD tests, $6.00 constitutes the LIRAP fee as defined in §114.7 ofthis title. Upon the LIRAP 

fee termination effective date, vehicle owners in paliicipating counties 

that are in the process of opting out of the LIRAP shall remit $2.50 for 

motor vehicles subject to vehicle emissions inspections to the DMV or 

county tax-assessor-collector at the time of annual vehicle registration 

as pm1 of the vehicle emissions inspection fee. 

(C) Vehicle owners in counties not participating in the 

LIRAP shall remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county tax-assessor-collector at the 

time of annual vehicle registration as part of the vehicle emissions inspection fee. 

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority 

to adopt. 

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

2014. 

PROPOSED RULES December 5, 2014 39 TexReg 9479 
TRD-201405586 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: January 4, 2015 

For further information, please call: (512) 239-6812 

DIVISION2. LOW INCOME VEHICLE REPAIR 

ASSISTANCE, RETROFIT, AND ACCELERATED 

VEHICLE RETIREMENT PROGRAM 

30 TAC §§114.60, 114.62, 114.64, 114.70 

Statutory Authority 

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

§5.1 02, concerning General Powers, that provides the commission with the general powers to carry out its duties under the 

TWC; TWC, §5.103, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, concerning General Policy, 

that authorizes the commission by rule to establish and approve 

all general policy of the commission; and under Texas Health 

and Safety Code (THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy 

and purposes of the Texas Clean Air Act (TCAA). The amendments are also proposed under THSC, §382.002, concerning 

Policy and Purpose, that establishes the commission's purpose 

to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; 

THSC, §382.011, concerning General Powers and Duties, that 

authorizes the commission to control the quality of the state's air; 

and THSC, §382.012, concerning the State Air Control Plan, that 

authorizes the commission to prepare and develop a general, 

comprehensive plan for the proper control of the state's air. Additionally, the amendments are proposed under THSC, §382.209, 

concerning the Low Income Vehicle Repair Assistance, Retrofit, 

and Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and the Public Safety Commission to 

adopt rules implementing the LIRAP; and THSC, §382.21 0, concerning Implementation Guidelines and Requirements for the 

LIRAP, that authorizes the commission to adopt rules creating 

guidelines to assist participating counties in implementing the 

LIRAP. 

The proposed amendments implement THSC, §§382.002, 

382.011, 382.012, 382.017, 382.209, and 382.210. 

§IJ4.60. Applicability for LIRAP 

(a) The provisions of §114.7 of this title (relating to Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions) and Division 2 of this subchapter (relating to Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program) provide the minimum requirements 

for county implementation of a Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) and 

apply to counties that implement a vehicle emissions inspection program and have elected to implement LIRAP provisions. 

(b) To be eligible for assistance under this division, vehicles 

must be subject to§ ll4.50(a) of this title (relating to Vehicle Emissions 

Inspection Requirements). 

(c) LIRAP does not apply to a vehicle that is a: 

39 TexReg 9480 December 5, 2014 Texas Register 

(I) fleet vehicle; 

(2) commercial vehicle; 

(3) vehicle owned or leased by a governmental entity; 

( 4) vehicle registered as a classic motor vehicle as defined 

by Texas Transportation Code, §502.274; 

(5) vehicle registered as an exhibition vehicle, including 

antique or military vehicles, as defined by Texas Transpoiiation Code, 

§502.275; [Bf] 

( 6) vehicle not regularly used for transportation during the 

normal course of daily activities; orH 

(7) vehicle subject to §114.50(a) of this title that is registered in a non-participating county. 

(d) A participating county must ensure that owners of vehicles 

under subsection (c) of this section do not receive monetary or compensatory assistance under LIRAP. 

§114.62. LIRAP Funding. 

(a) The executive director shall provide funding for the Low 

Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle 

Retirement Program (LIRAP) with available funds from fees collected 

under §114.53 of this title (relating to Inspection and Maintenance 

Fees) or other designated and available funds from participating 

counties. 

(b) The program shall be administered in accordance with 

Texas Government Code, Chapter 783. Programmatic costs may include call-center management, application oversight, invoice analysis, 

education, outreach, and advertising. 

(c) A participating county shall receive, to the extent practicable, funds appropriated for the program [.f!mtlffig] in reasonable proportion to the amount in fees collected in the participating [~] 

county or area from emissions testing fees designated by the commission. 

(d) In a county with a vehicle emissions inspection and maintenance program under Texas Health and Safety Code, §382.202 or 

§382.302, not more than 10 percent of the money provided for LIRAP 

may be used for administration of the program. 

§114.64. LIRAP Requirements. 

(a) Implementation. Participation in the Low Income Vehicle 

Repair Assistance. Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) is voluntary. An affected county may choose to participate in the program at its discretion. Upon receiving a written request 

to participate in the LIRAP [implement a bew Inoome -Vehicle Repair 

Assistance, Retreflt, ana Accelerated -Vehicle Retirement Fregram fblRAI!j] by a county commissioners court, the executive director shall 

authorize the implementation of a LIRAP in the requesting county. The 

executive director and county shall enter into a grant contract for the 

implementation of the LIRAP. 

(l) The grant contract must provide conditions, requirements, and projected funding allowances for the implementation of the 

LIRAP. 

(2) A participating county may contract with an entity approved by the executive director for services necessary to implement 

the LIRAP. A participating county or its designated entity shall demonstrate to the executive director that, at a minimum, the county or its 

designated entity has provided for appropriate measures for determining applicant eligibility and repair effectiveness and ensuring against 

fraud. 
(3) The participating county shall remain the contracted entity even if the county contracts with another county or another entity 

approved by the executive director to administer the LIRAP. 

(b) Repair and retrofit assistance. A LIRAP must provide for 

monetary or other compensatory assistance to eligible vehicle owners 

for repairs directly related to bringing ceiiain vehicles that have failed a 

required emissions test into compliance with emissions requirements or 

for installing retrofit equipment on vehicles that have failed a required 

emissions test, if practically and economically feasible, in lieu of or 

in combination with repairs performed to bring a vehicle into compliance with emissions requirements. Vehicles under the LIRAP must be 

repaired or retrofitted at a recognized emissions repair facility. To determine eligibility, the participating county or its designated entity shall 

make applications available for LIRAP paiiicipants. The application, 

at a minimum, must require the vehicle owner to demonstrate that: 

(1) the vehicle has failed a vehicle emissions test within 30 

days of application submittal; 

(2) the vehicle can be driven under its O\m power to the 

emissions inspection station or vehicle retirement facility; 

(3) the vehicle is currently registered in and has been registered in the participating program county for at least 12 of the 15 

months immediately preceding the application for assistance; 

( 4) the vehicle has passed the safety portion of the Texas 

Department of Public Safety (DPS) motor vehicle safety and emissions 

inspection as recorded in the Vehicle Inspection Report (VIR), or provide assurance that actions will be taken to bring the vehicle into compliance with safety requirements; 

(5) the vehicle owner's net family income is at or below 

300% of the federal poverty level; and 

( 6) any other requirements of the participating county or 

the executive director are met. 

(c) Accelerated vehicle retirement. A LIRAP must provide 

monetary or other compensatory assistance to eligible vehicle 0\mers 

to be used toward the purchase of a replacement vehicle. 

(1) To determine eligibility, the participating county or its 

designated entity shall make applications available for LIRAP pmiicipants. The application, at a minimum, must require the vehicle owner 

to demonstrate that: 

(A) the vehicle meets the requirements under subsection (b)( 1) - (3) and ( 5) of this section; 

(B) the vehicle has passed a DPS motor vehicle safety 

or safety and emissions inspection within 15 months prior to application submittal; and 

(C) any other requirements of the participating county 

or the executive director are met. 

(2) Eligible vehicle owners of pre-1996 model year 

vehicles that pass the required United States Environmental Protection Agency (EPA) Start-Up Acceleration Simulation Mode (ASM) 

standards emissions test, but would have failed the EPA Final ASM 

standards emissions test, or some other criteria determined by the 

commission, may be eligible for accelerated vehicle retirement and 

replacement compensation under this section. 

(3) Notwithstanding the vehicle requirement provided under subsection (b)(1) of this section, an eligible vehicle owner of avehicle that is gasoline powered and is at least 10 years old as determined 

from the current calendar year (i.e., 2010 minus 10 years equals 2000) 

and meets the requirements under subsection (b)(2), (3), and (5) of this 

section, may be eligible for accelerated vehicle retirement and compensation. 

(4) Replacement vehicles must: 

(A) be in a class or category of vehicles that has been 

certified to meet federal Tier 2, Bin 5 or cleaner Bin certification under 

40 Code of Federal Regulations §86.1811-04, as published in the February 10, 2000, Federal Register (65 FR 6698); 

(B) have a gross vehicle weight rating of less than 

10,000 pounds; 

(C) have an odometer reading of not more than 70,000 

miles; 

(D) be a vehicle, the total cost of which does not exceed 

$35,000 and up to $45,000 for hybrid, electric, or natural gas vehicles, 

or vehicles certified as Tier 2 Bin 3 or cleaner Bin certification under 40 

Code ofFederal Regulations §86.1811-04, as published in the February 

10, 2000, issue of the Federal Register (65 FR 6698); and 

(E) have passed a DPS motor vehicle safety inspection 

or safety and emissions inspection within the 15-month period before 

the application is submitted. 

(d) Compensation. The paiiicipating county shall determine 

eligibility and approve or deny the application promptly. If the requirements of subsection (b) or (c) of this section are met and based on 

available fi.mding, the county shall authorize monetary or other compensations to the eligible vehicle owner. 

(1) Compensations must be: 

(A) no more than $600 and no less than $30 per vehicle 

to be used for emission-related repairs or retrofits performed at recognized emissions repair facilities, including diagnostics tests perfmmed 

on the vehicle; or 

(B) based on vehicle type and model year of a replacement vehicle for the accelerated retirement of a vehicle meeting the requirements under this subsection. Only one retirement compensation 

can be used toward one replacement vehicle annually per applicant. 

The maximum amount toward a replacement vehicle must not exceed: 

(i) $3,000 for a replacement car of the current model 

year or previous three model years, except as provided by clause (iii) 

of this subparagraph; 

(ii) $3,000 for a replacement truck of the current 

model year or the previous two model years, except as provided by 

clause (iii) of this subparagraph; 

(iii) $3,500 for a replacement hybrid, electric, natural gas, and federal Tier 2 Bin 3 or cleaner Bin certification under 40 

Code of Federal Regulations §86.1811-04, as published in the February 10,2000, issue of the Federal Register (65 FR 6698) vehicle of the 

current model year or the three previous model years. 

(2) Vehicle owners shall be responsible for paying the first 

$30 of emission-related repairs or retrofit costs that may include diagnostics tests performed on the vehicle. 

(3) For accelerated vehicle retirement, provided that the 

compensation levels in paragraph (1)(B) of this subsection are met and 

minimum eligibility requirements under subsection (c) of this section 

are met, a participating county may set a specific level of compensation 

or implement a level of compensation schedule that allows flexibility. 

The following criteria may be used for determining the amount of financial assistance: 

(A) model year of the vehicle; 

PROPOSED RULES December 5, 2014 39 TexReg 9481 
(B) miles registered on the vehicle's odometer; 

(C) fair market value of the vehicle; 

(D) estimated cost of emission-related repairs necessary to bring the vehicle into compliance with emission standards; 

(E) amount of money the vehicle owner has already 

spent to bring the vehicle into compliance, excluding the cost of the 

vehicle emissions inspection; and 

(F) vehicle owner's income. 

(e) Reimbursement for repairs and retrofits. A participating 

county shall reimburse the appropriate recognized emissions repair facility for approved repairs and retrofits within 30 calendar days of receiving an invoice that meets the requirements of the county or designated entity. Repaired or retrofitted vehicles must pass a DPS safety 

and emissions inspection before the recognized emissions repair facility is reimbursed. In the event that the vehicle does not pass the 

emissions retest after diagnosed repairs are performed, the participating county has the discretion, on a case-by-case basis, to make payment 

for diagnosed emissions repair work performed. 

(f) Reimbursements for replacements. A participating county 

shall ensure that funds are transferred to a participating automobile 

dealership no later than 10 business days after the county receives proof 

of the sale, proof of transfer to a dismantler, and any administrative documents that meet the requirements of the county or designated entity. 

A list of all administrative documents must be included in the agreements that are entered into by the county or designated entity and the 

participating automobile dealerships. 

(I) A participating county shall provide an electronic 

means for distributing replacement funds to a participating automobile 

dealership once all program criteria have been met. The replacement 

funds may be used as a down payment toward the purchase of a 

replacement vehicle. Participating automobile dealers shall be located 

in the State of Texas. Participation in the LIRAP by an automobile 

dealer is voluntary. 

(2) Participating counties shall develop a document for 

confirming a person's eligibility for purchasing a replacement vehicle 

and for tracking such purchase. 

(A) The document must include at a minimum, the full 

name of applicant, the vehicle identification number of the retired vehicle, expiration date of the document, the program administrator's contact information, and the amount of money available to the participating 

vehicle owner, 

(B) The document must be presented to a participating 

dealer by the person seeking to purchase a replacement vehicle before 

entering into negotiations for a replacement vehicle. 

(C) A participating dealer vvho relies on the document 

issued by the participating county has no duty to confirm the eligibility 

of the person purchasing a replacement vehicle in the manner provided 

by this section. 

(g) Opting out of the LIRAP. Participation in the LIRAP is voluntmy. A participating county may opt out of the program. Procedures 

to release a participating county from the LIRAP shall be initiated upon 

the receipt of a written request to the executive director by the county 

commissioners court in a participating county. 

(1) A written request to opt out of the LIRAP shall request 

release from the LIRAP fee as defined in §114.7 ofthis title (relating 

to Low Income Vehicle Repair Assistance, Retrofit, and Accelerated 

Vehicle Retirement Program Definitions) and the grant contract established in subsection (a) of this section. The written request shall include 

39 TexReg 9482 December 5, 2014 Texas Register 

one of the following possible LIRAP opt-out effective dates as defined 

in §114.7 of this title: 

(A) the LIRAP fee termination effective date as defined 

in § 114.7 of this title: or 

(B) the last day of the legislative biennium in which the 

LIRAP fee termination etrective date as defined in ~114.7 of this title 

occurred. 

(2) Upon receipt of a written request to be released from 

pmiicipation in the LIRAP, the executive director shall notify, in writing, with a copy sent to the requesting county, the Texas Depmiment 

of Motor Vehicles (DMV), DPS, and the Legislative Budget Board of 

Texas that the LIRAP fee should no longer be collected for vehicles 

undergoing inspection and registration in the affected county. 

(3) A county opting out of the LIRAP remains a participating county until the LIRAP opt-out effective date as defined in § 114.7 

of this title, on which date the county is no longer subject to the LIRAP 

fee, and the grant contract established in subsection (a) of this section 

is ended. On the LIRAP opt-out effective date, any unspent balance of 

allocated funds shall be returned to the commission. 

§114.70. Records, Audits, and Enforcement. 

(a) A participating county shall submit quarterly audit reports 

to ensure that the funds provided to implement the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program (LIRAP) have been used in accordance with requirements of 

this division. The qumierly reports (September -November, December- February, March- May, June- August) must be transmitted to the 

executive director in paper copies or in an electronic database format 

to be determined by mutual agreement between the state and the participating county no later than 30 days after the end of the quarter. 

(b) At a minimum, the quarterly reports must include the following: 

(1) name of the county department or entity implementing 

the program and their mailing address; 

(2) name of the official representative of the county department or entity; 

(3) amount of funds received during the repmiing period; 

( 4) amount distributed for repair assistm1ce, retrofitting, accelerated retirement, and administrative costs; 

(5) information regarding the recognized emissions repair 

facilities and vehicle retirement facilities participating in the LIRAP, 

including the number of approved assistance transactions, the mnount 

of each transaction, and the total amounts paid to each facility; 

(6) pending amount of funds that must be paid out; 

(7) information for each vehicle participating in program, 

including: 

(A) vehicle identification number (VIN); 

(B) vehicle license plate number; 

(C) name and business address of the Texas Department 

of Public Safety recognized emissions repair facility or vehicle retirement facility; and 

(D) date of vehicle repair, retrofit, or retirement; [il!TEI] 

(8) information for each replacement vehicle including: 

(A) VIN [¥clticle identification~ t¥JNj]; 

(B) make of vehicle: 
(C) model year; 

(D) odometer reading; 

(E) name and business address of seller; and 

(9) any other information requested by the executive director. 

(c) Records onLIRAP must be maintained for a minimum period of three years by a participating county, its designated entity, a 

participating recognized emissions repair facility, and a participating 

vehicle retirement facility. Upon the LIRAP opt out effective date as 

defined in §114.7 of this title (relating to Low Income Vehicle Repair 

Assistance, Retrofit. and Accelerated Vehicle Retirement Program Definitions), the non-participating county, its designated entity, a participating recognized emissions repair facility, and a participating vehicle 

retirement facility must maintain program records for the non-participating county for a period of three years. Such records must be available upon request by the executive director for auditing purposes. 

(d) A participating county, its designated entity, a participating 

recognized emissions repair facility. and a participating vehicle retirement facility shall allow the executive director to conduct audits and 

inspections. For a period of three years after the LIRAP opt-out effective date as defined in§ 114.7 of this title, a non-participating county, its 

designated entity, a participating recognized emissions repair facility, 

and a participating vehicle retirement facility shall allow the executive 

director to conduct audits and inspections of records from the non-participating county. 

(e) A person who, with intent to defraud, sells a vehicle in 

an accelerated vehicle retirement program under LIRAP commits an 

offense that is classified as a third degree felony. 

(f) A person who causes, suffers, allows, or permits a violation 

of §114.66(c) and (d) of this title (relating to Disposition of Retired 

Vehicle) is subject to a civil penalty under Texas Water Code, Chapter 

1. Subchapter D, [Gfla.ptef +,] for each violation. A separate violation 

occurs with each fraudulent certification or prohibited resale. 

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority 

to adopt. 

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

2014. 

TRD-201405587 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: January 4, 2015 

For further information, please call: (512) 239-6812 

DIVISION 3. 

COUNTIES 

30 TAC §114.87 

Statutory Authority 

• • • 

EARLY ACTION COMPACT 

The amendment is proposed under Texas Water Code (TWC), 

§5.1 02, concerning General Powers, that provides the commission with the general powers to carry out its duties under the 

TWC; TWC, §5.103, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and 

duties under the TWC; TWC, §5.1 05, concerning General Policy, that authorizes the commission by rule to establish and approve all general policy of the commission; and under Texas 

Health and Safety Code (THSC) §382.017, concerning Rules, 

that authorizes the commission to adopt rules consistent with 

the policy and purposes of the Texas Clean Air Act. The amendment is also proposed underTHSC, §382.002, concerning Policy 

and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection 

of public health, general welfare, and physical property; THSC, 

§382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and 

THSC, §382.012, concerning the State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of the state's air. Additionally, the amendment is proposed under THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and the Public Safety Commission to adopt 

rules implementing the LIRAP; and THSC, §382.210, concerning Implementation Guidelines and Requirements for the LIRAP, 

that authorizes the commission to adopt rules creating guidelines 

to assist participating counties in implementing the LIRAP. 

The proposed amendment implements THSC, §§382.002, 

382.011, 382.012, 382.017, 382.209, and 382.210. 

§114.87. Inspection and Maintenance Fees. 

(a) The following fees must be paid for an emissions inspection of a vehicle at an inspection station in an affected early action compact program county. This fee must include one free retest if the vehicle 

fails the emissions inspection, provided that the motorist has the retest 

performed at the same station where the vehicle originally failed; the 

motorist submits, prior to the retest, a properly completed vehicle repair 

form showing that emissions-related repairs were performed; and the 

retest is conducted within 15 days of the initial emissions test. In Travis 

and Williamson Counties beginning September 1, 2005 and ending on 

the day before the single sticker transition date as defined in § 114.1 of 

this title (relating to Definitions), any emissions inspection station required to conduct an emissions test in accordance with §114.80 of this 

title (relating to Applicability) must collect a tee not to exceed $16 and 

remit $4.50 to the Texas Department of Public Safety (DPS) for each 

on-board diagnostic and two-speed idle test. In Travis and Williamson 

Counties beginning on the single sticker transition date, any emissions 

inspection station required to conduct an emissions test in accordance 

with §114.80 of this title must collect a fee not to exceed $11.50 for 

each on-board diagnostic and two-speed idle test. 

(b) The per-vehicle fee and the amount the inspection station 

remits to the DPS for a challenge test at an inspection station designated 

by the DPS must be the same as the amounts specified in subsection (a) 

of this section. The challenge fee must not be charged if the vehicle is 

retested within 15 days of the initial test. 

(c) Inspection stations performing out-of-cycle vehicle emissions inspections resulting from written notification that the subject vehicle failed on-road testing (remote sensing) must charge a motorist for 

an out-of-cycle emissions inspection in the amount specified in subsection (a) of this section. If the vehicle passes the vehicle emissions inspection, the vehicle owner may request reimbursement from the DPS. 

(d) Beginning [Effective] on the single sticker transition date 

as defined in §114.1 of this title in Travis and Williamson Counties, the 

following requirements apply. [-veffi€.le ewoors -shall remit~ fuF 

mffief -veffi€.les ~ te -veffi€.le emissions ffisj3e-etie-as te the :re-s 

Department Bf Meter Vehieles Bf oounty tH* assessor collector at the 

PROPOSED RULES December 5, 2014 39 TexReg 9483 
time ef the llfifitla! -vehlele registration a5 part ef the -vehlele emissions 

inspection fue.c] 

( 1) Vehicle owners in counties participating in Low Income 

Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) shall remit $4.50 for motor vehicles subject to 

vehicle emissions inspections to the Texas Department of Motor Vehicles (DMV) or county tax assessor-collector at the time of annual vehicle registration as part of the vehicle emissions inspection fee. Of the 

$4.50 remitted, $2.00 constitutes the LIRAP fee as defined in~ 114.7 of 

this title (relating to Low Income Vehicle Repair Assistance, Retrofit, 

and Accelerated Vehicle Retirement Program Definitions). 

(2) Vehicle owners in counties participating in the LIRAP 

and in the process of opting out shall remit $4.50 for motor vehicles 

subject to emissions inspection to the DMV or county tax assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee until the LIRAP fee termination effective date 

as defined in §114.7 of this title. Ofthe $4.50 remitted, $2.00 constitutes the LIRAP fee as defined in §114.7 of this title. Upon the LIRAP 

fee termination effective date, vehicle owners in participating counties 

that are in the process of opting out of the LIRAP shall remit $2.50 for 

motor vehicles subject to vehicle emissions inspections to the DMV or 

county tax-assessor-collector at the time of annual vehicle registration 

as part of the vehicle emissions inspection fee. 

(3) Vehicle owners in counties not participating in the LIRAP shall remit $2.50 for motor vehicles subject to vehicle emissions 

inspection to the DMV or county tax-assessor-collector at the time of 

annual vehicle registration as part of the vehicle emissions inspection 

fee. 

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority 

to adopt. 

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

2014. 

TRD-201405589 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: January 4, 2015 

For further information, please call: (512) 239-6812 

• 

CHAPTER 336. 

RULES 

• • 

IOACTIVE SUBSTANCE 

The Texas Commission n Environmental Quality (TCEQ, 

agency, or commission) reposes amendments to §§336.2, 

336.105,336.1111, and 33 .1127; and new §336.739. 

Background and Summary f the Factual Basis for the Proposed 

Rules 

The purpose of this rulema ing is to implement Senate Bill (SB) 

347, 83rd Texas Legislatur 2013, and its amendments to Texas 

Health and Safety Code ( HSC), Chapter 401 (also known as 

the Texas Radiation Contr I Act (TRCA)) and to add non-substantive changes to rules t ensure the commission's continued 

compatibility with the Unit d States Nuclear Regulatory Commission (NRC). This propo ed rulemaking also creates new provisions in Chapter 336 for the compact waste disposal facility 

39 TexReg 9484 December 5, 2014 Texas Register 

license holder who may accept on party compact waste for disposal at the facility only if it has been volume reduced. 

Corresponding rulemaking is p lished in this issue of the Texas 

Register concerning 30 TAG C apter 37, Financial Assurance. 

Section by Section Discussion 

§336.2, Definitions 

The commission proposes to a end §336.2 to revise the definitions of "Perpetual care accou " and "Radiation and Perpetual 

Care Account" to reflect the ne name of the dedicated general 

revenue account created by S 347. The definitions have been 

reorganized to keep them in alp abetical order and renumbered 

accordingly. The commission reposes to amend §336.2(139) 

to make a non-substantive revi ion to the definition of 'Total effective dose equivalent (TEDE " to conform to updated federal 

regulations by adding two sets f parentheses. 

§336. 105, Schedule of Fees fo Other Licenses 

The commission proposes to mend §336.1 05(h)(1) to reflect 

the new name of the dedicated eneral revenue account created 

by SB 347. 

§336. 739, Volume Reduction 

The commission proposes ne §336. 739 to establish new restrictions on the disposal of low level radioactive waste in Texas, 

that was generated outside of xas or Vermont. Those restrictions require that any such wa e to be disposed in Texas must 

have been volume reduced to certain degree. 

§336.1111, Special Requireme ts for a License Application for 

Source Material Recovery and y-product Material Disposal Facilities 

The commission proposes to a end §336.1111 (1 )(H) regarding 

the application requirements fo a new license for source material recovery (i.e., uranium min ng) and by-product disposal facilities. Under the current rule, an applicant is required to submit a signed certification from t e landowners on which radioactive substances are recovered, to red, processed or disposed to 

reflect the landowner's consen to that activity and to acknowledge that decommissioning oft e licensed site is required even 

if the licensee fails to perform the required decommissioning. 

The purpose of this provision as to assure that landowners 

are fully informed of both on-g ing licensed activities involving 

radioactive substances on the property and future closure requirements. The landowner ac owledgement was not intended 

to provide landowner approval power of a proposed project or 

disrupt the ability of an applic nt to prepare a complete application. In addition, changes in land ownership can complicate 

and delay an applicant's need f rtimely application development 

and processing. Arrangement between landowners and uranium miners regarding use of he property should be made in 

private agreements and not b made part of the commission's 

license application processing. Instead of requiring landowners' 

signatures and consent, the p posed amendment will require 

the applicant to provide notifica ion to the landowners. The notification is in addition to any req ired public notice under 30 TAG 

Chapter 39 of the commission' rules. The proposed revisions 

to §336.1111 (1 )(H) require an a plicant to submit proof of the effort to provide the landowners ith notification by certified and 

regular United States mail that radioactive materials will be recovered, stored, processed or isposed on the property and that 

the decommissioning of the pr perty may be required and performed on the licensed site eve if the licensee is unable to per-
TESTIMONY 
Reference Number 

W-1 

W-2 

INDEX OF WRITTEN TESTIMONY 

Submitted by 

Chris Klaus, North Central Texas 

Council of Governments 

Jon A. White, Travis County, 

Transportation and Natural Resources 

Department 
··. 

0' 

•'. 

W-1 

North Central Texas Council Ot Governments·· ,· ' ,. 

· Januaty e,2o1s .· . . - . . 

Ms. Kris Hogan 

Office of Legal Services 

.Texas Commission.on EnyironmemtaiQuali~y. 

PO Box .~3087, M,C205. . . 

Austin, TX ,7.8711'-3087 

Subject.: ·Public Comment on Proposed Low Income Vehicl~ Repair. Assistance, Retrofit, and 

Accelerat~d Vehicle Retirement Program· (URAf>).R~visionsto 30 texas 

Adn'iinistrative Code .. · . . . · 0 Ohapter 114 ~ Control of Air Pollution from Motor Vehibles; Rule Project Number 2Q14- .·. : 027 -114~AI · . . · . . · . . · · . . . . · · ·. · . . · . . . · 

· DearMs .. Hogan:· . . 

The North ce~tral T~xas Council of Governhlemts (NCTCOG) is the region,al administrator for . 

Ll Rf;\P in the Dailas~Fort Worth area ahd a:ppreci.:~tes the opportunity to comment on the Texa·s 

'Commission .on Environmental Quality's (TCEQ) proposed revisions to·3o Texas Administrative 

·. Code.(TAC) Chapter 114, Control of Air. Pollution From (Vlotor Vehicles. ·NCT.COG would like to 

pro'vide the fqllciwing comments on the proposed revisions to help optimize the program. ·. · · · r · • • • · · • • · l .. · 

Dis.tributiqn of Un~pe~t Airoccit~d F~nds upon URAP Opt-Out.Effective Date .... 

. The Conimissiorj requested. commentsJ~onceming th'e program opt-out options proposed.. ·. 

·· NCTCOG believes counties should h~ve the ability to d~cide·wheh to opt out of the · · 

program, and the options provid~d will give counties additional flexibility to spend previously 

·. alloc~tec;l funds. However, In subseetioh 114.84(g)(3), the TCEQ' proposes that funds .· . 

allocated to a qounty optihg out of URAP that have not beeo spent upon the county'sURAP 

Opt-Out Effective Oat~ shall be returned to the TCEQ. This arrangement may'prove · . 

. ~omplicated sin9e <;ill participating counti$5 in the Dallas-F:ort WOrth (DFW) area agreed to 

share fl.lnding and have NGTCOG reglonally·administerthe program. An Infer-County . 

Cooperative Agreement between participating: counties ln. DFW. allows funds to be combined . 

and shared between them. If fund~ from a county that has opted out of LiRAP have been 

previously used' by othercc;>unties within the region, it may riot be possible to-return them': 

NCTCOG recommends the proposed rules be. amended to address this situation and allow 

funds that were allocated; but unspent by a county upon its LIRAP Opt-Out E:ffective· Date to · . 

be wse~ by !)ther participating counties in the same region withoutrequlring the funds to be· · 

returned to the TCEQ .. · . 

NCTCOG. ~I so reccm'lme~ds thaHhe. TCEQ develop a process for the distribution of fun.ds 

previously collected from a county·but not yet appropriated if that county qhooses to opt out 

ofLIRAP; Since FiscalYear 2012, URAP fees collected have accrued at a much faster·rate . 

thari what has been appropriated creating a large surplus offurids. ·Counties choosing to · 

opt out of URAP fee coliection should have the opportunity to qtilize all previously collected 

616.Six Flags Drive; Cent~rpointTwo . 

P. 0. Bqx 5888, Ai'lingtcin, Texas76005-5888 

(817) 640-3300 FAX: 817"640-7806 ®recycled paper 

Www.nctcog.org . . · 
: .'. 

Ms. Kris Hogan 

PageTwo ·. - . . . ' 

January '6, 2015 · 

:fu.nds after the u RAP Opt.;Out Effecfiye pate until all funds .have been exhau~ted~: A~ 'the . . 84111 .Texa~ .Legislative Sessiqn_ begins ,this. month, possible p,rogram-modifications. may: occur 

. .·that provide counties greater· flexibility on ways to wtilize surplus fu.nds. NCTCOG also 

· · . tecommends that the t¢EQ promptly alert all counties of any program modificationsres.ulting·from legislative a~tian·. . · ·. · · 

Recordkeeping and Audi\ing Requirem~nts for Non-Participadng-Coi.mtie·s· 

· . · Relab~ci to subsection 114.70{ c) ·and. (d), NCTCOG ·supports tlie requirement that program-

. related records should be maintained for three years' after the· LIRAP 'Opt-Out Effective Date 

and that the non-participating county; itsdeslgnated.entity, Recognized Emissions Repair ' 

Facilities, arid ·participating vehicle retfrem~n~ faeilitles shall-allow-the :TCEQ to audit and ·· 

inspect records. However, ·NCTCOG recommends that automobile dealerships also .be' 

,added to the list ofpartiesthatm_ust ke~p records and be subject to audits, ' ' ' 

LIRAP Fee TerminaiionEff~~tive Oat~·:. .· . . . , . . . . . 

The Gommission requested<comments related to the element of.subsection 114.64(g)(2) · · 

tha~ req'uires Se\{eral mo!1ths betw.~en thejime a county notifies the tc~q that they WiSh to.: 

opt out of.LIRAP and the.actual LIRAP fee termination effective date. NCTCOG pelieves 

. this is reasonable based on 'the jxocess the TCEQ and other:relevant state agencies must · 

.· · undertake otice an opt~c;mt notice is.receivedfrohl a. partiGipatin~ county. · . 

.Than~ youAor thi~ opp~rtunity 't~ com~enf. :while NCTCOG ~ppre(;iates that the .TCEQ Is 

holding a pubiic hearing to receive comments 6n the$e' proposed ruies iii .Au$tin on January 6, 

2015; NCTCOG would have hoped thatth.e. TCEQ would also hold a·publichearing inttie . ' · 

bf:l!las-Fort Worth area since Cqllin C6linty's·desire to. opt out of LIRAP was the catalyst that .. 

initiated this rulemaklng. . - · . ' . 

We look· forward to acoptinued.partnershipwiththe TCEQ as we Work'togethertowards the··. 

comm.on goal ofc!eaner-air. Jf you have any questions, 'please fe~l free to ·contact Shannon 

Stevenson, Prograni Manager, at(817) 608..:2304 ofsstev~nson@nctcog.org .. · . · · 

.. • (/{;{# .. Chris~ 

'•. 

Senior Pro{:jram Manager · 

SD:mg 

cc:. The H~lio,r'.able Keith Self, Judge, Collin County · .· 

Ricl)ard A Hyde, P.E., Executive Director, TCEQ . 

. David Brymt?r, Air Qua.lity'Division Director, TCEQ 

'·Michael Morri$, P.E., pirect()r of Transportation, NCTCOG 

.. ! 

I 

'l i 

~ 

I •J 

I 

I 

. 'I 

I 

1 

ij 

i 

i 

. i 

. I 

I 

1 

i 

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.I . . I 

.. ·I 

' ' . ' ! 

I 

I 

i ' 1 ·' 
TRANSPORTATION AND NATURAL RESOURCES 

STEVEN M. MANILLA, P.E., COUNTY EXECUTIVE 

700 Lavaca Street-51

h Floor 

Travis County Administration Building 

P.O. Box 1748 

Austin, Texas 78767 

Phone: (512) 854~9383 

Fax: (512) 854~697 

January 5, 2015 

Kris Hogan 

Office of Legal Services, MC 205 

Texas Commission on Environmental Quality 

PO Box 13087 

Austin, Texas 78711-3087 

Re: LIRAP Rule Revision, Rule Project No. 2014-027-114-AL 

Dear Ms. Hogan: 

W-2 

Travis County, TNR appreciates this opportunity to comment on the proposed rule changes to 

Chapter 114, Control of Air Pollution from Motor Vehicles, LIRAP Rule Revision. 

As a participating county in the both the LIRAP and LIP programs, Travis County, TNR fully 

supports the proposed mle changes. This mle change will benefit participating counties by 

establishing fonnal procedures for opting out ofthe program and having the LIRAP funding fee 

removed. Without this rule change, counties that no longer want to participate in the program 

would be required to assess the fee on local residents even if they no longer participated in the 

program nor received any benefits. 

If you have any questions, I can be contacted at 512 854 7212 or by e-mail at 

jon. whi te@.traviscountytx. gov. 

~~lftt:: Natural Resources & Environmental Quality Division 

Transportation & Natural Resources Department 
INDEX OF ORAL TESTIMONY 

NO ORAL TESTIMONY WAS RECEIVED PERTAINING TO THIS RULE REVISION. 
·---~-~-· --···~--~-~--------'"--------~------------------------·-~----------~----- ---·---- ·- --- -- ---~ --------------- ------

- 1 -

Texas Commission on Environmental Quality 

Public Hearing Registration 

January 6, 2015 

2:oop.m. 

Rule Project No.: 2014-027-114-AI 

Short Title: IJRAP Rule Revision 

Location: 12100 Park 35 Circle, Austin, Texas 78753 

Concerning: 30 TAC Chapter 114 

Name Representing Presenting Oral Testimony? 

(Please Print) (Circle One) 

J0Art M · 6'CA,./ T~-r (Q}{_,~1-tv~~~~s: ·"'- Yes~- f a;-,-

/" ! 

F/fl tJt/J·!_, &u <:.t? 7cv-tl"e:v I ~ -~ she/?fi~ 1Jt:L Yes~ 

I ./ I -...., 

<) huvy'\ (J '}'\h 1(\t:> NC\C06t Yes~ 

-r f¥J~ Nc-r CJ)&-, Yes @ .--..4ctSrW ,; 

Yes No 

Yes No 

Yes No 

Yes No 
HEARING OFFICER REPORT 

I am the hearing officer assigned to conduct the public hearing regarding LIRAP 

Rule Revision, Rule Project No. 2014-027-114-AI. 

A public hearing was scheduled in Austin on January 6, 2015, at 2:00 p.m. hi 

Building E, Room 2018, at the Texas Commission on Environmental Quality's 

(TCEQ's) central office located at 12100 Park 35 Circle. TCEQ staff and a court 

reporter were present for the public hearing. 

At 1:30 p.m. the room was opened and TCEQ staff was available to the public for 

an informal question and answer period. At 2:10 p.m. it was determined that 

those that were present did not want to make comments on the record. Therefore, 

the public hearing was not formally opened for comment and a transcript was not 

prepared. 

rn. 

Hearing Officer 

Date signed 
EVALUATION 
Texas Commission on Environmental Quality 

To: 

Thru: 

From: 

Interoffice Memorandum 

Commissioners 

Bridget C. Bohac, Chief Clerk 

Richard A. Hyde, P.E., Executive Director 

Steve Hagle, P.E., Deputy Director 

Office of Air 

Docket No.: 2014-0953-RUL 

Subject: Commission Approval for Rulemaking Adoption 

Date: April10, 2015 

Chapter 114, Control of Air Pollution from Motor Vehicles 

LIRAP Rule Revision 

Rule Project No. 2014-027-114-AI 

Background and reason(s) for the rulemaking: 

In March 2002, the Texas Commission on Environmental Quality (TCEQ) adopted rules to 

implement the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle 

Retirement Program (LIRAP), which was authorized in Texas Health and Safety Code 

(THSC), §382.209. The rules established a fee to be paid by vehicle owners in participating 

counties to fund the LIRAP. The LIRAP fee is paid by vehicle owners as a portion of the 

fees assessed under the Vehicle Inspection and Maintenance (I/M) Program. Only counties 

that participate in the I/M program are eligible to participate in the LIRAP. Those counties 

include: Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties in the 

Houston-Galveston-Brazoria (HGB) area; Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 

Parker, Rockwall, and Tarrant Counties in the Dallas-Fort Worth (DFW) area; Travis and 

Williamson Counties in the Austin-Round Rock (ARR) area; and El Paso County. 

When the rules were first adopted, a procedure was established to allow counties to opt 

into the LIRAP, and all eligible counties but El Paso County opted in. No procedure was 

established to allow a participating county to opt out of the LIRAP and have the LIRAPfunding fee removed. On April28, 2014, the TCEQ received Court Order No. 2014-221-04-

21 from the Collin County Commissioners Court requesting withdrawal of the county from 

participation in the LIRAP, which requires amending the rules to include an opt-out 

procedure. This rulemaking establishes a formal procedure to allow Collin County or any 

participating county to opt out of the LIRAP and have LIRAP fee collection be discontinued 

and the contract between the county and the TCEQ executive director ended. Removing the 

LIRAP fee in opt-out counties requires coordination with the Texas Department of Public 

Safety (D PS) and the Texas Department of Motor Vehicles (D MV). 

Scope of the rulemaking: 

A.) Summary of what the rulemaking will do: 

The adopted revisions amend Chapter 114, Subchapter A to incorporate a non-substantive 

change to §114.2 and the following substantive changes to §114.7. 

• Section 114.7 is amended to add four new definitions and revise two existing 

definitions. The amendment clarifies the fee element of the LIRAP, defines the date 

upon which an opt-out county is no longer subject to the LIRAP fee, defines the date 
Commissioners 

Page 2 

April10, 2015 

Re: Docket No. 2014-0953-RUL 

upon which a county is completely withdrawn from participation in the LIRAP, and 

differentiates between eligible counties that participate in the LIRAP and those that do 

not. This rulemaking revises the numbering for §114.7 to incorporate the added 

definitions. 

The adopted revisions also amend Chapter 114, Subchapter C to incorporate the following 

changes. 

• Division 1, §114.53 is revised to address the difference in vehicle emissions I/M fees 

between a nonattainment county that participates in the LIRAP, a non-attainment 

county that is in the process of opting out of the LIRAP, and a non-participating, 

nonattainment county. 

• Division 2, §114.60 is revised to clarify that LIRAP requirements apply only to 

participating counties. 

• Division 2, §114.62 is revised to clarify that the LIRAP is funded by fees collected only 

in participating counties. 

• Division 2, §114.64 is revised to incorporate a process by which a participating county 

may opt out of the LIRAP that includes a written request by the affected county 

commissioners court requesting removal of the LIRAP fee and ending of the grant 

contracts between the county and the TCEQ executive director. The LIRAP opt-out 

effective date for a county will be either the LIRAP fee termination effective date - the 

date upon which the county is no longer subject to the LIRAP fee - or the last day of the 

legislative biennium in which the LIRAP fee termination effective date occurs. Removal 

of the LIRAP fee vvill take at least 90 days but maybe more to take effect, which is the 

earliest a participating county may be completely withdrawn from the program. 

• Division 2, §114. 70 is revised to specify that the recordkeeping requirements and audit 

provisions will continue to apply to affected entities in a county that opts out of the 

LIRAP for three years after the LIRAP opt-out effective date. 

• Division 3, §114.87 is revised to address the difference in vehicle emissions I/M fees 

between an early action compact county that participates in the LIRAP, an early action 

compact county that is in the process of opting out of the LIRAP, and a nonparticipating early action compact county. 

In addition to the adopted changes to allow counties to opt out of the LIRAP, the rule 

revisions also include various non-substantive revisions to conform with Texas Register 

style and formatting requirements. 

B.) Scope required by federal regulations or state statutes: 

None. 

C.) Additional staff recommendations that are not required by federal rule or 

state statute: 

None. 
Commissioners 

Page3 

April10, 2015 

Re: Docket No. 2014-0953-RUL 

Statutory authority: 

This rulemaking is adopted under Texas Water Code (TWC), §5.102, which provides the 

commission with the general powers to carry out its duties under the TWC, TWC §5.103, 

which authorizes the commission to adopt any rules necessary to carry out the powers and 

duties under the provisions of the TWC, and other laws of this state; and TWC, §5.105, 

which authorizes the commission by rule to establish and approve all general policy of the 

commission. This rulemaking is also adopted under THSC, §382.017, which authorizes the 

commission to adopt rules consistent \vith the policy and purposes of the Texas Clean Air 

Act; and THSC, §382.011, which authorizes the commission to establish the level of quality 

to be maintained in the state's air and to control the quality ofthe state's air. Finally, this 

rulemaking is adopted under THSC, §382.003, amending definitions for the low-income 

vehicle repair assistance, retrofit, and accelerated vehicle retirement program authorized 

under THSC, §382.209. 

Effect on the: 

A.) Regulated community: 

This rulemaking is not expected to have a direct impact on the regulated community. The 

LIRAP is a voluntary program in which eligible counties may choose to participate or from 

which they may choose to withdraw. 

B.) Public: 

While this rulemaking will not directly impact the public, there are possible implications if 

a participating county opts out of the LIRAP. Vehicle mvners in non-participating counties 

are not subject to the LIRAP fee, which is $6.oo in the participating HGB and DFW 

counties and $2.00 in participating ARR counties. However, non-participating counties 

and the vehicle owners registered in those counties are not eligible for the Drive a Clean 

Machine (DACM) and Local Initiative Project (LIP) grant programs. With no DACM grant 

funds available to qualifying vehicle owners for repair or replacement of vehicles that fail 

emissions inspections, it is possible that program-related business at participating 

recognized emissions repair facilities and auto dealers in a non-participating county may 

be affected. 

C.) Agency programs: 

This rulemaking \vill not directly impact agency programs. If a county opts out of the 

LIRAP, then the TCEQ mll be required to coordinate with the DMV and the DPS to remove 

the LIRAP fee in that county. The TCEQ mll also contact the Legislative Budget Board 

when the LIRAP fee is no longer being collected and when the county has completely opted 

out of the program. 

Stakeholder meetings: 

No stakeholder meetings were held for this rulemaking. TCEQ staff coordinated with the 

DMVand DPS on developing a method for adding and removing the LIRAP fee in eligible 

counties. 
Commissioners 

Page4 

April10, 2015 

Re: Docket No. 2014-0953-RUL 

Public comment: 

The commend period was from December 5, 2014 through January 9, 2015. The 

commission offered a public hearing on January 6, 2015, but it was not opened because no 

one registered to provide oral testimony. The commission received comments from the 

North Central Texas Council of Governments (NCTCOG) and the Transportation and 

Natural Resources Department of Travis County (Travis County). In general, both 

commenters supported this rulemaking; however, NCTCOG recommended changes related 

to the distribution of funds and recordkeeping and auditing requirements. Significant 

public comments are summarized below. 

e NCTCOG commented that returning unspent LIRAP funds to the commission upon an 

opt-out county's LIRAP opt-out effective date would be complicated for participating 

DFW-area counties because they have agreed through an inter-county elective 

agreement to share LIRAP funds allocated for the DACM program. NCTCOG acts as the 

regional administrator for that program in the DFW area. NCTCOG recommended that 

the TCEQ amend its proposal to allow the redistribution of an opt-out county's unspent 

allocations to other participating counties within the region. In response to this 

comment, the commission has amended proposed §114.64(g)(3) to specify that 

unspent allocations will be returned to the commission unless there is an official intercounty elective agreement that the opt-out county shares allocated LIRAP funds with 

other participating counties in the same region. If an inter-county elective agreement 

exists, then the portion of LIRAP allocations that is shared and unspent as of the 

LIRAP opt-out effective date will be redistributed among the remaining participating 

counties that are part of the agreement. 

e NCTCOG commented that LIRAP fees are currently being collected in participating 

counties at a higher rate than what is appropriated by the legislature and that there is a 

large surplus of unappropriated funds. NCTCOG recommended that the TCEQ develop 

a process to allow opt-out counties to spend all collected funds, appropriated and 

otherwise. The commission made no change to the rulemaking in response to this 

comment. The opt-out process established in this rulemaking offers an opt-out county 

the choice of extending participation in the program beyond the date upon which the 

LIRAP fee is no longer collected, the LIRAP fee termination date. This allows the 

county to spend LIRAP grant funds that have been appropriated by the legislature 

and allocated by the commission. Any future appropriations are unknown and are 

dependent upon the legislature, which appropriates funding for the LIRAP to the 

commission during each biennial sessionfrom Clean Air Account 151. Clean Air 

Account 151 is used to safeguard the air resources of the state, and LIRAP fees from 

vehicle owners in each participating county are deposited into the account as part of a 

county's participation in the program. LIRAP appropriations from Clean Air Account 

151 are not identified by revenue source and county, and as such, it would not be 

possible to identify future LIRAP appropriations as corresponding to a county that 

has opted out of the program without additional statutory or appropriations 

direction. 
Commissioners 

Pages 

April10, 2015 

Re: Docket No. 2014-0953-RUL 

e NCTCOG recommended that the TCEQ alert all counties of any modifications to the 

LIRAP resulting from legislative action. The LIRAP has been modified by legislative 

action four times since the 77th Texas Legislature enacted HB 2134 in 2001. The 

commission has and will continue to notify counties of changes to the LIRAP that 

result from legislative action. 

• NCTCOG supported amendments to §114.70(c) and (d) that will maintain programrelated recordkeeping and auditing requirements related to an opt-out county after that 

county's opt-out effective date. NCTCOG recommended that the TCEQ add automobile 

dealerships to the list of entities that must comply ·with these requirements. The 

commission made no change to the rulemaking in response to this comment. The 

proposed rulemaking did not address imposing recordkeeping and auditing 

requirements on any new entities, and adding automobile dealerships would impose 

new requirements that were not made available for public review and comment. At 

this time, the commission does not consider it necessary to include automobile 

dealerships in the list of entities with LIRAP-related recordkeeping and auditing 

requirements, which already includes participating dismantlers and program 

administrators. A participating automobile dealership facilitates the purchase of 

replacement vehicles by eligible applicants -for which it is reimbursed by the 

program administrator - and transfers those applicants' retired vehicles to 

participating dismantlers. 

Significant changes from proposal: 

Section 114.64(g) was revised from proposal based on a comment from NCTCOG 

concerning the return of unspent LIRAP allocations after a county's LIRAP opt-out 

effective date. The proposed language indicated that any LIRAP funds remaining after a 

county has completely opted out of the program Vlrill be returned to the commission. 

NCTCOG commented that participating counties in the DFW area have agreed through an 

inter-county elective agreement to share DACM funds. Because the funds are combined 

and shared, it would be difficult for an opt-out county to return unspent allocations to the 

commission. To address this issue, the commission revised §114.64(g)(3) to specify that the 

unspent balance of allocated LIRAP funds for an opt-out county will be returned to the 

commission not more than 90 days after the county's chosen opt-out effective date unless 

the county opting out is part of an official inter-county elective agreement with other 

participating counties in the same region to share allocated LIRAP funds. If the county 

opting out has entered into an official inter-county elective agreement with other 

participating counties in the same region to share allocated LIRAP funds, then the portion 

of LIRAP allocations that is shared and unspent as of the LIRAP opt-out effective date will 

be redistributed among the remaining participating counties that are part of that 

agreement. Redistribution of funds will occur not more than 90 days after the opt-out 

county's chosen opt-out effective date. 
Commissioners 

Page 6 

April10, 2015 

Re: Docket No. 2014-0953-RUL 

Potential controversial concerns and legislative interest: 

The adopted rule revisions include a waiting period for LIRAP fee removal. This 

rulemaking does not set a specific time period for removal of the LIRAP fee because it is 

dependent on when registration forms that do not include the LIRAP fee are available from 

the DMV. The DMV prints and distributes its vehicle registration notices more than 90 

days prior to a vehicle's registration expiration, so renewal notices that exclude the LIRAP 

fee for an opt-out county V\ill be printed for registrations due more than 90 days after a 

county submits its request to opt out ofthe LIRAP. During the fee-removal time frame, 

vehicle owners will still pay the LIRAP fee, and the county will still be considered a 

participating county. 

When a county participates in the LIRAP, vehicle owners remit the LIRAP fee, which funds 

the program. The LIRAP fees for each participating county are deposited in the state's 

Clean Air Fund 151, and a portion of that fund is appropriated to the commission for 

allocation to participating counties as annual grants for DACM and LIP. Vehicle owners in 

ARR counties pay $2.00 in annual LIRAP fees, and vehicle owners in DFW and HGB-area 

counties pay $6.oo in annual LIRAP fees. Once a county is effectively opted out of the 

LIRAP, the LIRAP fee for that county will no longer be collected and deposited in the state 

treasury's Clean Air Fund. 

Does this rulemaking affect any current policies or require development of 

new policies? 

This rulemaking is not expected to directly affect any current policies or require the 

development of new policies. 

What are the consequences if this rule making does not go forward? Are there 

alternatives to rulemaking? 

The LIRAP is a voluntary program, and participating counties may opt out at their 

discretion. This rulemaking establishes a formal procedure to allow any participating 

LIRAP county to opt out of the program, which includes no longer paying the LIRAP fee. 

This rulemaking offers any county opting out of the LIRAP a choice between becoming a 

non-participating county upon the LIRAP fee termination effective date or continuing to 

participate in the grant program using allocated funds until the end of the biennium in 

which the LIRAP fee was terminated. If this rulemaking does not go forward, then affected 

counties would be required to pay the LIRAP fee even if they no longer wanted to 

participate in the program. One alternative to this rulemaking would be to conduct a 

separate rule making for every county that decided to V\ithdraw from the LIRAP. 

Key points in the adoption rulemaking schedule: 

Texas Register proposal publication date: December 5, 2014 

Anticipated Texas Register adoption publication date: May 15, 2015 

Anticipated effective date: May 21, 2015 

Six-month Texas Register filing deadline: June 5, 2015 
Commissioners 

Page 7 

April10, 2015 

Re: Docket No. 2014-0953-RUL 

Agency contacts: 

Jamie Zech, Rule Project Manager, (512) 239-3935, Air Quality Division 

Sierra Redding, Staff Attorney, (512) 239-2496 

Kris Hogan, Texas Register Coordinator, (512) 239-6812 

Attachments: 

None 

cc: Chief Clerk, 2 copies 

Executive Director's Office 

Marshall Coover 

Pattie Burnett 

Stephen Tatum 

Office of General Counsel 

Jamie Zech 

Kris Hogan 
Texas Commission on Environmental Quality Page 1 

Chapter 114 - Control of Air Pollution from Motor Vehicles

Rule Project No. 2014-027-114-AI

The Texas Commission on Environmental Quality (TCEQ, agency, or commission)

adopts amendments to §§114.2, 114.7, 114.53, 114.60, 114.62, 114.64, 114.70, and 114.87.

Section 114.64 is adopted with change to the proposed text as published in the 

December 5, 2014, issue of the Texas Register (39 TexReg 9468). Sections 114.2, 114.7, 

114.53, 114.60, 114.62, 114.70, and 114.87 are adopted without changes to the proposed 

text and, therefore, will not be republished.

Sections 114.2, 114.53, and 114.87 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

The commission adopts revisions to incorporate a procedure for counties to opt out of 

the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program (LIRAP) and to be released from program obligations, including remittance of 

the fee to fund the LIRAP. The commission also adopts language that differentiates 

between a LIRAP participating county and a non-participating county.

The LIRAP was established to enhance the objectives of the Vehicle Inspection and 

Maintenance (I/M) Program. The 77th Texas Legislature, 2001, enacted House Bill (HB) 

2134 to assist low income individuals with repairs, retrofits, or retirement of vehicles 
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that fail emissions inspections. HB 2134 required the commission and the Texas 

Department of Public Safety (DPS), by rule, to provide the minimum guidelines by 

which eligible counties may implement the LIRAP. The commission, in coordination 

with DPS, adopted rules implementing HB 2134. 

The LIRAP is a voluntary program, and only those counties that have implemented 

vehicle emissions I/M programs are eligible to participate in the LIRAP. I/M program 

counties include Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties in 

the Houston-Galveston-Brazoria (HGB) area; Collin, Dallas, Denton, Ellis, Johnson, 

Kaufman, Parker, Rockwall, and Tarrant Counties in the Dallas-Fort Worth (DFW) area; 

Travis and Williamson Counties in the Austin-Round Rock (ARR) area; and El Paso 

County. To participate, an eligible county must submit a written request to the TCEQ 

from the county's commissioners court to implement the LIRAP. The TCEQ executive 

director and the participating county then enter into a grant contract for 

implementation of the program. The LIRAP is separated into two grant programs - 

Drive a Clean Machine (DACM) and local initiative projects (LIP). DACM funds provide 

monetary assistance to qualifying vehicle owners in participating counties for emissionrelated vehicle repair, retrofit, and replacement. LIP funds are granted to participating 

counties for use in approved projects focused on improving air quality in the program 

area.
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The LIRAP is funded through a fee (LIRAP fee) that is charged to vehicle owners in 

participating counties. The LIRAP fee is $6.00 in participating DFW and HGB-area 

counties, and it is charged to vehicle owners who receive on-board diagnostics (OBD) 

emissions inspection tests. The LIRAP fee is $2.00 in participating ARR-area counties, 

and it is charged to vehicle owners for any emissions inspection test performed. The 

LIRAP fee was remitted at authorized inspection stations during annual vehicle safety 

and emissions inspections until March 1, 2015. As of that date, the LIRAP fee is paid to

the Texas Department of Motor Vehicles (DMV) or county tax assessor-collector during 

vehicle registration. This change is a result of a 2014 revision to Chapter 114, 

Subchapters A, B, and C (Rule Project Number 2013-035-114-AI), transitioning the state 

to a single sticker system for vehicle inspection and registration and implementing HB 

2305, 83rd Texas Legislature, 2013.

On April 28, 2014, the commission received Court Order No. 2014-221-04-21 from the 

Collin County Commissioners Court withdrawing the county from participation in the 

LIRAP. The court order was sent with a letter requesting that the commission release 

Collin County from program requirements, including collection of the LIRAP fee. At the 

time the LIRAP was established, the rules did not specify a procedure to allow 

participating counties to opt out of the program or to be released from the LIRAP fee 

requirement. This rulemaking provides Collin County or any participating county with a 

procedure for opting out of the LIRAP, which includes being released from collection of 
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the LIRAP fee and ending of the contract between the county and the TCEQ executive 

director. This rulemaking amends Subchapter A to revise the definitions for the LIRAP 

to account for counties opting out of the program and adds four new definitions to 

further clarify program elements and differentiate between counties participating in the 

LIRAP and non-participating counties. This rulemaking also amends Subchapter C, 

Divisions 1, 2, and 3. Division 1 is amended to specify the I/M fees that apply in a 

participating nonattainment county, a county that is in the process of opting out of the 

LIRAP, and a non-participating nonattainment county. Division 2 is amended to 

provide a mechanism for participating nonattainment counties to opt out of the LIRAP, 

and Division 3 is amended to provide a mechanism for early action compact (EAC) 

counties to opt out of the LIRAP and accordingly, revise the I/M fee requirements in 

§114.87. 

Section by Section Discussion

In addition to the adopted amendments associated with providing a mechanism for 

counties to opt out of the LIRAP, various stylistic, non-substantive changes are included 

to update rule language to current Texas Register style and format requirements. Such 

changes include appropriate and consistent use of acronyms, section references, rule 

structure, and certain terminology. These changes are non-substantive and generally are 

not specifically discussed in this preamble.
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§114.2, Inspection and Maintenance Definitions

The acronym for the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated 

Vehicle Retirement Program is replaced with the full program title to be consistent with 

the title of the referenced subchapter and Texas Register requirements.

§114.7, Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle 

Retirement Program Definitions

The title of §114.7 is corrected by amending the term "retrofit" to be singular. In 

addition, four definitions are added to §114.7 to clarify program requirements and 

differentiate between participating counties and non-participating counties. "LIRAP fee" 

is added as paragraph (13) to define the fee that vehicle owners in participating LIRAP 

counties pay when their vehicles receive certain emissions tests, OBD tests in DFW and 

HGB-area counties, and any emissions test in El Paso, Travis, and Williamson Counties.

El Paso is currently a non-participating county. Assessment of the LIRAP fee is 

authorized by Texas Health and Safety Code (THSC), §382.202. 

"LIRAP fee termination date" is added as paragraph (14) to define the effective date 

upon which a county opting out of the LIRAP would no longer pay the LIRAP fee. 

"LIRAP opt-out effective date" is added as paragraph (15) to define the date upon which 

a county that was participating in the LIRAP becomes a non-participating county. 

Withdrawal from the program is effective on the date that both of the following 
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requirements have been met: 1) the county is no longer subject to the LIRAP fee; and 2) 

the grant contract between the county and the TCEQ executive director that established 

participation in the program is ended. The grant contract cannot be ended before the 

LIRAP fee termination effective date.

"Non-participating county" is added as paragraph (18) to differentiate between counties 

that are eligible to participate in the LIRAP but choose not to and eligible counties that 

participate in the LIRAP. The definition for "Participating county" is amended to clarify 

that a county that is in the process of opting out of the LIRAP will be considered a 

participating county until the LIRAP opt-out effective date. The definition for 

"Recognized emissions repair facility" is amended to replace the reference to 37 Texas 

Administrative Code (TAC) §23.93 with 37 TAC §23.51 as it replaced the former as of 

March 13, 2013. The remaining definitions in §114.7 are renumbered to accommodate 

the added definitions.

§114.53, Inspection and Maintenance Fees

Section 114.53(d)(1), (2), and (3) is amended to more fully describe the LIRAP fee as it 

relates to the vehicle I/M programs in El Paso County and the DFW and HGB-area 

counties. Subparagraphs are added to §114.53(d)(1), (2), and (3) to explain remittance of 

I/M fees, including the LIRAP fee, in a county participating in the LIRAP, a 

participating county that is in the process of opting out of the LIRAP, and a county that 
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is not participating in the LIRAP and not subject to the LIRAP fee. Section 114.53(d)(1) 

is reorganized to allow the adopted subparagraphs to be consistent among the 

paragraphs of §114.53(d). The state fees vehicle owners pay during vehicle registration 

in participating counties, subparagraph (A) for each paragraph in §114.53(d), includes 

the LIRAP fee. The state fees vehicle owners pay during vehicle registration in 

participating counties that are in the process of opting out of the LIRAP, subparagraph 

(B) for each paragraph in §114.53(d), includes the LIRAP fee until the effective LIRAP 

fee termination date, after which state fees will not include the LIRAP fee. The state fees 

vehicle owners pay during vehicle registration in non-participating counties, 

subparagraph (C) for each paragraph in §114.53(d), does not include the LIRAP fee.

§114.60, Applicability for LIRAP

Section 114.60(c)(7) is added to specify that LIRAP requirements are not applicable to 

vehicles registered in counties that do not participate in the program. This addition 

clarifies that vehicles in non-participating counties are not subject to LIRAP 

requirements.

§114.62, LIRAP Funding

Section 114.62(a) is amended to clarify that the LIRAP is funded through money 

collected only in participating counties, and the term "participating" replaces "affected" 

in §114.62(c) for consistency in describing counties that participate in the program.
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§114.64, LIRAP Requirements

The counties that are eligible to participate in the LIRAP are limited to those that are 

included in I/M program areas, but no county is required to participate in the LIRAP. 

The original rule to implement the program included a procedure to allow counties to 

opt into the LIRAP, but it did not include a procedure to allow counties to opt out. The 

adopted amendments to §114.64 establish a procedure for opting out of the LIRAP.

The commission amends §114.64(a), concerning implementation of the LIRAP, to 

indicate that participation in the program is voluntary. The commission amends 

§114.64(b)(3) to clarify that vehicle repair and retrofit assistance through the DACM 

Program is only available for vehicles registered in participating LIRAP counties.

The commission adds §114.64(g) to establish the procedure for opting out of the LIRAP. 

Section 114.64(g)(1) requires a county wishing to opt out of the program to submit a 

written request from the county commissioners court to the TCEQ executive director, 

which is consistent with the process for opting into the LIRAP. The written request 

should include one of two possible LIRAP opt-out effective dates, either the LIRAP fee 

termination effective date or the last day of the legislative biennium in which the LIRAP 

fee termination effective date occurs. The first option completely withdraws the opt-out 

county from the program on the same date that the county is no longer subject to the 

LIRAP fee. The second option extends the opt-out county's program participation past 
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the LIRAP fee termination effective date to allow the county time to spend any 

remaining funds that have been allocated by the commission.

Participation in the LIRAP makes grant funds available to counties for program-related 

projects and to qualified vehicle owners, and the LIRAP is funded through 

appropriations made by the legislature from Clean Air Account 151, into which LIRAP 

fees collected from county vehicle owners are deposited. Due to the program's reliance 

on public support, the commission requested public comment on the method and 

process by which counties wishing to opt into or out of the LIRAP would do so, 

including any associated public notice requirements. 

Adopted §114.64(g)(2) describes the procedure the commission will follow to release a 

county from LIRAP requirements upon receiving a written request from the county to 

opt out. Release from LIRAP requirements includes removing the LIRAP fee from the 

state fees charged to vehicle owners during vehicle registration, which requires the 

commission to coordinate with the DMV and DPS and to contact the Legislative Budget 

Board of Texas (LBB). The process to remove the LIRAP fee will be initiated upon 

receipt by the TCEQ executive director of a request from a county to opt out of the 

program. The DMV vehicle registration notices list charges for state inspection fees, 

which include the LIRAP fee in counties participating in the program. These fees are 

paid by vehicle owners when they register their vehicles. The DMV prints and 
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distributes vehicle registration notices at least 90 days prior to registration expiration 

dates, so registration notices that include the LIRAP fee will be in circulation in an optout county for at least 90 days after the TCEQ initiates the fee removal process. The 

LIRAP fee will be effectively removed for an opt-out county once it is no longer included 

in the state fee charges that appear on vehicle registration notices in the affected county. 

For example, if the TCEQ executive director received a written request to withdraw from 

the program on August 1st, then the effective LIRAP fee termination date would be on or 

after December 1st because December would be the first month for which registration 

notices that did not include the LIRAP fee would be printed. The DMV prints 

registration notices mid-month, so a written request to withdraw that was received by 

the TCEQ executive director in mid-August would likely not result in the LIRAP fee 

being effectively terminated for the submitting county until, at the earliest, January 1st.

The effective LIRAP fee termination date for a county opting out of the LIRAP is the first 

day of the month for the month that the DMV issues registration notices that do not 

include the LIRAP fee. Until the LIRAP fee termination effective date, a county in the 

process of opting out of the LIRAP is still considered a participating county because the 

LIRAP fee cannot be assessed in a non-participating county. Depending upon the LIRAP 

opt-out effective date included in a county's written request to opt out of the program, 

the county could be completely withdrawn from the LIRAP on the LIRAP fee 

termination effective date, ending the contract between the county and the TCEQ 
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executive director simultaneous with removal of the LIRAP fee. The county may instead 

choose to continue to participate in LIRAP activities without being subject to the LIRAP 

fee until the end of the legislative biennium in which the fee termination date occurs. 

Choosing the first option could end the county's participation in the LIRAP before all 

grant funds allocated to the county have been spent. The second option would allow a 

county the opportunity to continue LIRAP activities and spend previously allocated 

LIRAP grant funds until the end of the biennium in which the LIRAP fee termination 

date occurred for that county.

Adopted §114.64(g)(3) describes the LIRAP opt-out effective date, which is the date 

upon which a participating county is no longer subject to the LIRAP fee and the grant 

contract between the county and the TCEQ executive director is ended. On this date, the 

county becomes a non-participating county. The commission will allow a county wishing 

to opt out of the LIRAP a choice of two options in determining when the program is 

ended for that county, so there are two possible effective dates upon which a 

participating county becomes a non-participating county. The first occurs simultaneous 

with the LIRAP fee termination effective date, and the second occurs on the last day of 

the legislative biennium in which the LIRAP fee termination effective date occurs. The 

commission revises proposed §114.64(g)(3) in response to a comment received, which is 

discussed in the Response to Comments section of this preamble. Revised §114.64(g)(3) 

indicates that not more than 90 days after a county's LIRAP opt-out effective date, the 
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unspent balance of allocated LIRAP funds for the opt-out county will be returned to the 

commission unless the county has entered into an official inter-county elective 

agreement with other participating counties in the same region to share allocated LIRAP 

funds. If an inter-county elective agreement exists, then the portion of LIRAP 

allocations that is shared and unspent as of the LIRAP opt-out effective date will be 

redistributed among the remaining participating counties that are part of that 

agreement. The redistribution of a county's allocated and unspent LIRAP funds will 

occur not more than 90 days after the county's LIRAP opt-out effective date.

§114.70, Records, Audits, and Enforcement

The commission amends §114.70(c) and (d) to incorporate recordkeeping and 

inspection requirements for counties that opt out of the LIRAP. Adopted §114.70(c) 

requires program participants in counties opting out of the LIRAP to maintain program 

records concerning the opt-out county for three years after the effective LIRAP opt-out

date for the county. Program participants include the county, its designated entity, 

participating recognized emissions repair facilities, and participating vehicle retirement 

facilities. Adopted §114.70(d) requires that in the three-year period during which 

records must be kept after a county's LIRAP opt-out effective date, the TCEQ executive 

director must be allowed to conduct audits and inspections of the records kept 

concerning the opted out county by program participants.
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§114.87, Inspection and Maintenance Fees

The commission amends §114.87 to apply the changes adopted in §114.53 to counties 

with early action compact programs that participate in the vehicle emissions I/M 

program. Adopted §114.87(d)(1) - (3) explains remittance of I/M fees, including the 

LIRAP fee, in a county participating in the LIRAP, a participating county that is in the 

process of opting out of the LIRAP, and a county that is not participating in the LIRAP 

and not subject to the LIRAP fee. The description of the state fees vehicle owners pay 

during vehicle registration in participating EAC counties, paragraph (1), includes the 

LIRAP fee. The description of the state fees vehicle owners pay during vehicle 

registration in participating EAC counties that are in the process of opting out of the 

LIRAP, paragraph (2), includes the LIRAP fee until the effective LIRAP fee termination 

date, after which state fees do not include the LIRAP fee. The description of the state 

fees vehicle owners pay during vehicle registration in non-participating EAC counties, 

paragraph (3), does not include the LIRAP fee.

Final Regulatory Impact Determination

The commission reviewed this rulemaking in light of the regulatory impact analysis 

requirements of Texas Government Code, §2001.0225 and determined that it does not 

meet the definition of a "major environmental rule" as defined in that statute. A "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 
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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." Additionally, this rulemaking does not meet any of the four 

applicability criteria for requiring a regulatory impact analysis for a major 

environmental rule, which are listed in Texas Government Code, §2001.0225(a). Texas 

Government Code, §2001.0225 applies only to a major environmental rule, the result of 

which is to: 1) exceed a standard set by federal law, unless the rule is specifically 

required by state law; 2) exceed an express requirement of state law, unless the rule is 

specifically required by federal law; 3) exceed a requirement of a delegation agreement 

or contract between the state and an agency or representative of the federal government 

to implement a state and federal program; or 4) adopt a rule solely under the general 

powers of the agency instead of under a specific state law.

The amendments to Chapter 114 are adopted in accordance with HB 2134, which 

authorized the LIRAP found in THSC, Chapter 382. HB 2134 was enacted to enhance 

the objective of the vehicle emissions I/M program. The LIRAP provides financial 

assistance to low-income individuals for repair, retrofit, or retirement of vehicles that 

fail an emissions inspection. The rulemaking is not expected to 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.
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The rulemaking implements requirements of 42 United States Code (USC), §7410, 

which requires states to adopt a SIP that provides for the implementation, maintenance, 

and enforcement of the National Ambient Air Quality Standards (NAAQS) in each air 

quality control region of the state. The LIRAP was designed to enhance the objectives of 

the I/M program, and the commission previously submitted the I/M rules to the EPA as 

a revision to the Texas SIP, which the EPA approved effective July 25, 2014. While 42 

USC, §7410 generally does not require specific programs, methods, or reductions in 

order to meet the standard, the SIP must include enforceable emission limitations and 

other control measures, means, or techniques (including economic incentives such as 

fees, marketable permits, and auctions of emissions rights), as well as schedules and 

timetables for compliance as may be necessary or appropriate to meet the applicable 

requirements of this chapter (42 USC, Chapter 85). The provisions of the Federal Clean 

Air Act (FCAA) recognize that states are in the best position to determine what 

programs and controls are necessary or appropriate in order to meet the NAAQS. This 

flexibility allows states, affected industry, and the public to collaborate on the best 

methods for attaining the NAAQS for the specific regions in the state. Even though the 

FCAA allows states to develop their own programs, this flexibility does not relieve a state 

from developing a program that meets the requirements of 42 USC, §7410. States are 

not free to ignore the requirements of 42 USC, §7410 and must develop programs to 

assure that their contributions to nonattainment areas are reduced so that these areas 

can be brought into attainment on schedule.
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The requirement to provide a fiscal analysis of adopted regulations in the Texas 

Government Code was amended by Senate Bill (SB) 633 during the 75th Texas 

Legislature, 1997. The intent of SB 633 was to require agencies to conduct a regulatory 

impact analysis of extraordinary rules. These rules are identified in the statutory 

language as major environmental rules that will have a material adverse impact and will 

exceed a requirement of state law, federal law, or a delegated federal program, or are 

adopted solely under the general powers of the agency. With the understanding that this 

requirement would seldom apply, the commission provided a cost estimate for SB 633 

concluding that "based on an assessment of rules adopted by the agency in the past, it is 

not anticipated that the bill will have significant fiscal implications for the agency due to 

its limited application." The commission also noted that the number of rules that would 

require assessment under the provisions of the bill was not large. This conclusion was 

based, in part, on the criteria set forth in the bill that exempted the adopted rules from 

the full analysis unless the rule was a major environmental rule that exceeds a federal 

law. 

As discussed earlier in this preamble, the FCAA does not always require specific 

programs, methods, or reductions in order to meet the NAAQS; thus, states must 

develop programs for each area contributing to nonattainment to help ensure that those 

areas will meet the attainment deadlines. Because of the ongoing need to address 

nonattainment issues and to meet the requirements of 42 USC, §7410, the commission 
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routinely proposes and adopts SIP rules. The legislature is presumed to understand this 

federal scheme. If each rule adopted for inclusion in the SIP was considered to be a 

major environmental rule that exceeds federal law, then every SIP rule would require 

the full regulatory impact analysis contemplated by SB 633. This conclusion is 

inconsistent with the conclusions reached by the commission in its cost estimate and by 

the LBB in its fiscal notes. Since the legislature is presumed to understand the fiscal 

impacts of the bills it passes and that presumption is based on information provided by 

state agencies and the LBB, the commission believes that the intent of SB 633 was only 

to require the full regulatory impact analysis for rules that are extraordinary in nature. 

While the SIP rules will have a broad impact, the impact is no greater than is necessary 

or appropriate to meet the requirements of the FCAA. For these reasons, rules adopted 

for inclusion in the SIP fall under the exception in Texas Government Code, 

§2001.0225(a) because they are required by federal law. 

The commission has consistently applied this construction to its rules since this statute 

was enacted in 1997. Since that time, the legislature has revised the Texas Government 

Code but left this provision substantially un-amended. It is presumed that "when an 

agency interpretation is in effect at the time the legislature amends the laws without 

making substantial change in the statute, the legislature is deemed to have accepted the 

agency's interpretation." Central Power & Light Co. v. Sharp, 919 S.W.2d 485, 489 

(Tex. App. Austin 1995), writ denied with per curiam opinion respecting another issue, 
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960 S.W.2d 617 (Tex. 1997); Bullock v. Marathon Oil Co., 798 S.W.2d 353, 357 (Tex. 

App. Austin 1990, no writ). Cf. Humble Oil & Refining Co. v. Calvert, 414 S.W.2d 172 

(Tex. 1967); Dudney v. State Farm Mut. Auto Ins. Co., 9 S.W.3d 884, 893 (Tex. App. 

Austin 2000); Southwestern Life Ins. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App. 

Austin 2000, pet. denied); and Coastal Indust. Water Auth. v. Trinity Portland Cement 

Div., 563 S.W.2d 916 (Tex. 1978). 

The commission's interpretation of the regulatory impact analysis requirements is also 

supported by a change made to the Texas Administrative Procedure Act (APA) by the 

legislature in 1999. In an attempt to limit the number of rule challenges based upon APA 

requirements, the legislature clarified that state agencies are required to meet these 

sections of the APA against the standard of "substantial compliance." The legislature 

specifically identified Texas Government Code, §2001.0225, as falling under this 

standard. The commission has substantially complied with the requirements of Texas 

Government Code, §2001.0225. 

The specific intent of these adopted rules is to amend sections of the TAC, which would 

allow any participating county to opt out of the LIRAP, including the collection of the 

LIRAP fee collected at the time of vehicle registration, without a future rulemaking. By 

providing a mechanism for participating counties to opt out of the LIRAP, this 

rulemaking creates a more comprehensive program in accordance with the TCEQ's 
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statutory obligation to create and implement the LIRAP. Additionally, even if the 

adopted rulemaking was a major environmental rule, it does not exceed a standard set 

by federal law or exceed an express requirement of state law. No contract or delegation 

agreement covers the topic that is the subject of this rulemaking. Therefore, this 

rulemaking is not subject to the regulatory analysis provisions of Texas Government 

Code, §2001.0225(b) because it does not meet the definition of a "major environmental 

rule," nor does it meet any of the four applicability criteria for a major environmental 

rule.

The commission invited public comment regarding the draft regulatory impact analysis 

determination during the public comment period, and none were received. 

Takings Impact Assessment

The commission evaluated the adopted rulemaking and performed an assessment of 

whether Texas Government Code, Chapter 2007 is applicable. The specific intent of 

these rules is to amend sections of the TAC, which will allow any participating county to 

opt out of the LIRAP, including the collection of program-related LIRAP fee, without a 

future rulemaking. The rules will substantially advance this stated purpose by amending 

sections in Chapter 114, Subchapters A and C to include revisions of the definitions and 

fees and to provide a mechanism for participating counties to opt out of the LIRAP. By 

providing a mechanism for participating counties to opt out of the LIRAP, this 
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rulemaking creates a more comprehensive program in accord with the TCEQ's statutory 

obligation to create and implement the LIRAP.

Texas Government Code, §2007.003(b)(4) provides that Texas Government Code, 

Chapter 2007 does not apply to this rulemaking because it is an action reasonably taken 

to fulfill an obligation mandated by state law. THSC, Chapter 382 requires the 

commission to establish and authorize the commissioners court of a participating 

county to implement a LIRAP subject to agency oversight that may include reasonable, 

periodic commission audits. Consequently, this rulemaking meets the exemption 

criteria in Texas Government Code, §2007.003(b)(4).

Nevertheless, the commission further evaluated these adopted rules and performed an 

assessment of whether these rules constitute a "taking" under Texas Government Code, 

Chapter 2007. Promulgation and enforcement of these rules would be neither a 

statutory nor a constitutional taking of private real property. Specifically, the subject 

regulations do not affect a landowner's rights in private real property because this 

rulemaking does not burden (constitutionally), nor restrict or limit the owner's right to 

property and reduce its value by 25% or more beyond that which would otherwise exist 

in the absence of the regulations. These adopted rules create a voluntary program for 

counties in the state to participate in and opt out of the LIRAP.
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In addition, because the subject regulations do not provide more stringent requirements 

they do not burden, restrict, or limit an owner's right to property and reduce its value by 

25% or more beyond that which would otherwise exist in the absence of the regulations. 

Therefore, these adopted rules do not constitute a taking under the Texas Government 

Code, Chapter 2007. For these reasons, Texas Government Code, Chapter 2007 does not 

apply to this rulemaking.

Consistency with the Coastal Management Program 

The commission reviewed this rulemaking and found that it is identified in the Coastal 

Coordination Act Implementation Rules, 31 TAC §505.11(b)(4) relating to 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 of the Coastal Coordination Advisory 

Committee 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 

therefore, is consistent with CMP goals and policies.

The commission invited public comment regarding the consistency with the CMP during 

the public comment period, and none were received.
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Public Comment

The comment period was from December 5, 2014 through January 9, 2015. The 

commission offered a public hearing on January 6, 2015, but it was not opened because 

no one signed up to provide oral testimony. The commission received written comments 

from the North Central Texas Council of Governments (NCTCOG) and the 

Transportation and Natural Resources Department of Travis County (Travis County). In 

general, both commenters supported this rulemaking; however, NCTCOG 

recommended changes related to the distribution of funds and recordkeeping and 

auditing requirements.

Response to Comments

Comment

Travis County supported the proposed rulemaking and added that it will benefit 

participating counties to have a formal procedure for opting out of the LIRAP that 

includes removing the LIRAP fee.

Response

The commission appreciates Travis County's support of this rulemaking 

and agrees that having a formal procedure to opt out of the LIRAP will 

benefit the counties that participate in the program.
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Comment

NCTCOG agreed that counties opting out of the LIRAP should have options and 

commented that those provided in this rulemaking provide flexibility when it comes to 

spending allocated funds.

Response

The commission appreciates NCTCOG's comment and agrees that a county 

opting out of the program should have options with regard to the use of 

allocated LIRAP funds. The commission's staff will work closely with each 

opt-out county to help the county spend allocated LIRAP funds by the 

chosen LIRAP opt-out effective date. 

Comment

NCTCOG commented that due to an agreement among the participating DFW counties 

to share LIRAP funds, which is facilitated by NCTCOG, it would be complicated to 

require an opt-out county to return unspent allocations to the TCEQ upon a county's 

LIRAP opt-out effective date. NCTCOG recommended that the TCEQ amend its 

proposal to allow the redistribution of an opt-out county's unspent allocations to other 

participating counties within the region.

Response
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The commission has amended proposed §114.64(g)(3) to specify that 

unspent allocations will be returned to the commission not more than 90 

days after a county's LIRAP opt-out effective date unless there is an official 

inter-county elective agreement that the opt-out county shares allocated 

LIRAP funds with other participating counties in the same region. If there 

is an inter-county elective agreement, then not more than 90 days after a 

county's LIRAP opt-out effective date, the portion of LIRAP allocations that 

is shared and unspent as of the LIRAP opt-out effective date will be 

redistributed among the remaining participating counties that are part of 

the agreement.

Comment

NCTCOG recommended that the TCEQ develop a process to allow opt-out counties to 

spend all collected funds, appropriated and otherwise. NCTCOG commented that LIRAP 

fees are currently being collected in participating counties at a higher rate than what is 

appropriated by the legislature and that there is a large surplus of unappropriated 

funds. NCTCOG added that opt-out counties should be able to exhaust all collected 

funds, even after the LIRAP opt-out effective date.

Response

The commission has not made the suggested change to the rule. The LIRAP 
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is a voluntary program, and a participating county may choose to opt out at 

its discretion. The opt-out process established in this rulemaking offers an 

opt-out county the choice of extending participation in the program beyond 

the date upon which the LIRAP fee is no longer collected, the LIRAP fee 

termination date. This allows the county to spend LIRAP grant funds that 

have been appropriated by the legislature and allocated by the commission. 

The commission only has the authority to allocate funds appropriated by 

the legislature to participating counties or an area specified by the 

legislature. Any future appropriations are unknown and are dependent 

upon the legislature, which appropriates funding for the LIRAP to the 

commission during each biennial session from Clean Air Account 151. Clean 

Air Account 151 is used to safeguard the air resources of the state, and 

LIRAP fees from vehicle owners in each participating county are deposited 

into the account as part of a county's participation in the program. LIRAP 

appropriations from Clean Air Account 151 are not identified by revenue 

source and county, and as such, it would not be possible to identify future 

LIRAP appropriations as corresponding to a county that has opted out of 

the program without additional statutory or appropriations direction.

Comment

NCTCOG recommended that the TCEQ alert all counties of any modifications to the 
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LIRAP resulting from legislative action.

Response

The LIRAP has been modified by legislative action four times since the 77th 

Texas Legislature enacted HB 2134 in 2001. The commission has and will 

continue to notify counties of changes to the LIRAP that result from 

legislative action.

Comment

NCTCOG supported the amendment to §114.70(c) and (d) that will maintain programrelated recordkeeping and auditing requirements related to an opt-out county after that 

county's opt-out effective date. NCTCOG recommended that the TCEQ add automobile 

dealerships to the list of entities that must comply with these requirements.

Response

The commission appreciates NCTCOG's support of the amendment to 

§114.70(c) and (d). However, the commission has not made the suggested 

change. The commission did not propose to revise §114.70 to require 

automobile dealerships to comply with program-related recordkeeping and 

auditing requirements. Adding automobile dealerships would impose new 

requirements that were not made available for public review and comment.
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Furthermore, the commission does not consider it necessary at this time to 

make automobile dealerships subject to LIRAP-related recordkeeping and 

auditing requirements. One of the LIRAP's main objectives is to repair or 

remove older, polluting vehicles from roadways in counties where vehicle 

emissions inspections are conducted. Participating automobile dealerships 

facilitate the purchase of replacement vehicles by eligible applicants in 

exchange for those applicants' retired vehicles. Under the program, 

replacement vehicles are partially paid for with vouchers representing 

DACM grant funds. Dealerships transfer retired vehicles to participating 

dismantlers and return the vouchers and retired vehicle information to the 

program administrator for reimbursement. Participating dismantlers and 

program administrators are subject to §114.70 requirements. Dismantlers 

provide proof that retired vehicles have been destroyed, and program 

administrators maintain records for the entire DACM process.

Comment

NCTCOG agreed that the opt-out time frame was reasonable based on the various 

processes that must be undertaken by the TCEQ, DMV, and DPS.

Response
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The commission appreciates NCTCOG's assessment that the LIRAP fee 

termination process, including the time frame, is reasonable. 

Comment

NCTCOG was disappointed that the TCEQ did not hold a public hearing in the DFW 

region since the rulemaking was initiated by Collin County's request to opt out of 

LIRAP. 

Response

While the commission appreciates that Collin County made the original 

request for opt-out that prompted this rulemaking, the commission must 

also balance both resource availability and the necessity for holding public 

hearings in various areas of the state. For rules that apply statewide, the 

commission has regularly held public hearings in Austin or in Austin and 

other parts of the state. 
RECOMMENDATION 
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SUBCHAPTER A: DEFINITIONS

§114.2, §114.7

Statutory Authority

The amendments are adopted under Texas Water Code (TWC), §5.102, concerning 

General Powers, that provides the commission with the general powers to carry out its 

duties under the TWC; TWC, §5.103, concerning Rules, that authorizes the commission 

to adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, 

concerning General Policy, that authorizes the commission by rule to establish and 

approve all general policy of the commission; and under Texas Health and Safety Code 

(THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air Act. The amendments are 

also adopted under THSC, §382.002, concerning Policy and Purpose, that establishes 

the commission's purpose to safeguard the state's air resources, consistent with the 

protection of public health, general welfare, and physical property; THSC, §382.011, 

concerning General Powers and Duties, that authorizes the commission to control the 

quality of the state's air; and THSC, §382.012, concerning the State Air Control Plan, 

that authorizes the commission to prepare and develop a general, comprehensive plan 

for the proper control of the state's air. Additionally, the amendments are adopted under 

THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and 
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the Public Safety Commission to adopt rules implementing the LIRAP; and THSC, 

§382.210, concerning Implementation Guidelines and Requirements for the LIRAP, that 

authorizes the commission to adopt rules creating guidelines to assist participating 

counties in implementing the LIRAP.

The adopted amendments implement THSC, §§382.002, 382.011, 382.012, 382.017, 

382.209, and 382.210.

§114.2. Inspection and Maintenance 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 that are defined by the TCAA, the 

following words and terms, when used in Subchapter C of this chapter (relating to 

Vehicle Inspection and Maintenance; Low Income Vehicle Repair Assistance, Retrofit, 

and Accelerated Vehicle Retirement Program [LIRAP]; and Early Action Compact 

Counties), have the following meanings, unless the context clearly indicates otherwise.

(1) Acceleration simulation mode (ASM-2) test--An emissions test using a 

dynamometer (a set of rollers on which a test vehicle's tires rest) that applies an 
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increasing load or resistance to the drive train of a vehicle, thereby simulating actual 

tailpipe emissions of a vehicle as it is moving and accelerating. The ASM-2 vehicle 

emissions test is comprised of two phases: 

(A) the 50/15 mode--in which the vehicle is tested for 90 seconds 

upon reaching and maintaining a constant speed of 15 miles per hour (mph) on a 

dynamometer that simulates acceleration at a rate of 3.3 mph per second by using 50% 

of the vehicle available horsepower; and 

(B) the 25/25 mode--in which the vehicle is tested for 90 seconds 

upon reaching and maintaining a constant speed of 25 mph on a dynamometer that 

simulates acceleration at a rate of 3.3 mph per second by using 25% of the vehicle 

available horsepower. 

(2) Consumer price index--The consumer price index for any calendar year 

is the average of the consumer price index for all-urban consumers published by the 

United States Department of Labor, as of the close of the 12-month period ending on 

August 31 of the calendar year. 

(3) Controller area network (CAN)--A vehicle manufacturer's 

communications protocol that connects to the various electronic modules in a vehicle. 
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CAN provides one protocol that collects information from the vehicle's electronic 

systems including the on-board diagnostics (OBD) emissions testing system. The United 

States Environmental Protection Agency requires the CAN protocol to be installed in 

OBD-compliant vehicles beginning with some model year 2003 vehicles and phasing in 

to all OBD-compliant vehicles by the 2008 model year. 

(4) Low-volume emissions inspection station--A vehicle emissions 

inspection station that meets all criteria for obtaining a low-volume waiver from the 

Texas Department of Public Safety. 

(5) Motorist--A person or other entity responsible for the inspection, 

repair, and maintenance of a motor vehicle, which may include, but is not limited to, 

owners and lessees. 

(6) On-board diagnostic (OBD) system--The computer system installed in 

a vehicle by the manufacturer that monitors the performance of the vehicle emissions 

control equipment, fuel metering system, and ignition system for the purpose of 

detecting malfunction or deterioration in performance that would be expected to cause 

the vehicle not to meet emissions standards. All references to OBD should be 

interpreted to mean the second generation of this equipment, sometimes referred to as 

OBD II. 
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(7) On-road test--Utilization of remote sensing technology to identify 

vehicles operating within the inspection and maintenance program areas that have a 

high probability of being high-emitters. 

(8) Out-of-cycle test--Required emissions test not associated with vehicle 

safety inspection testing cycle. 

(9) Primarily operated--Use of a motor vehicle greater than 60 calendar 

days per testing cycle in an affected county. Motorists shall comply with emissions 

requirements for such counties. It is presumed that a vehicle is primarily operated in the 

county in which it is registered. 

(10) Program area--County or counties in which the Texas Department of 

Public Safety, in coordination with the commission, administers the vehicle emissions 

inspection and maintenance program contained in the Texas Inspection and 

Maintenance State Implementation Plan. These program areas include: 

(A) the Dallas-Fort Worth program area, consisting of the following 

counties: Collin, Dallas, Denton, and Tarrant; 
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(B) the El Paso program area, consisting of El Paso County; 

(C) the Houston-Galveston-Brazoria program area, consisting of 

Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties; and 

(D) the extended Dallas-Fort Worth program area, consisting of 

Ellis, Johnson, Kaufman, Parker, and Rockwall Counties. These counties became part of 

the program area as of May 1, 2003. 

(11) Retests--Successive vehicle emissions inspections following the failing 

of an initial test by a vehicle during a single testing cycle. 

(12) Testing cycle--Before the single sticker transition date as defined in 

§114.1 of this title (relating [related] to Definitions), the annual cycle commencing with 

the first safety inspection certificate expiration date for which a motor vehicle is subject 

to a vehicle emissions inspection or beginning on the single sticker transition date, the 

annual cycle commencing with the first vehicle registration expiration date for which a 

motor vehicle is subject to a vehicle emissions inspection. 
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(13) Two-speed idle (TSI) inspection and maintenance test--A 

measurement of the tailpipe exhaust emissions of a vehicle while the vehicle idles, first 

at a lower speed and then again at a higher speed. 

(14) Uncommon part--A part that takes more than 30 days for expected 

delivery and installation where a motorist can prove that a reasonable attempt made to 

locate necessary emission control parts by retail or wholesale part suppliers will exceed 

the remaining time prior to expiration of: 

(A) the vehicle safety inspection certificate prior to the single sticker 

transition date as defined in §114.1 of this title (relating to Definitions); 

(B) the vehicle registration beginning on the single sticker 

transition date as defined in §114.1 of this title; or 

(C) the 30-day period following an out-of-cycle inspection.

§114.7. Low Income Vehicle Repair Assistance, Retrofit [Retrofits], and 

Accelerated Vehicle Retirement Program Definitions. 
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Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of 

the commission, the terms used in this chapter 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, §§3.2, 101.1, and 114.1 of this title (relating to Definitions), the following 

words and terms, when used in Subchapter C, Division 2[,] of this chapter (relating to 

Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program) have the following meanings, unless the context clearly indicates otherwise.

(1) Affected county--A county with a motor vehicle emissions inspection 

and maintenance program established under Texas Transportation Code, §548.301.

(2) Automobile dealership--A business that regularly and actively buys, 

sells, or exchanges vehicles at an established and permanent location as defined 

under Texas Transportation Code, §503.301. The term includes a franchised motor 

vehicle dealer and an independent motor vehicle dealer.

(3) Car--A motor vehicle, other than a golf cart, truck or bus, designed or 

used primarily for the transportation of persons. A passenger van or sports utility 

vehicle may be considered a car under this section.
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(4) Commercial vehicle--A vehicle that is owned or leased in the regular 

course of business of a commercial or business entity.

(5) Destroyed--Crushed, shredded, scrapped, or otherwise dismantled to 

render a vehicle, vehicle's engine, or emission control components permanently and 

irreversibly incapable of functioning as originally intended.

(6) Dismantled--Extraction of parts, components, and accessories for use 

in the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle 

Retirement Program [low income vehicle repair assistance, retrofit, and accelerated 

vehicle retirement program] or sold as used parts.

(7) Electric vehicle--A motor vehicle that draws propulsion energy only 

from a rechargeable energy storage system.

(8) Emissions control equipment--Relating to a motor vehicle that is 

subject to §114.50(a) of this title (relating to Vehicle Emissions Inspection 

Requirements). If the vehicle is so equipped, these include: exhaust gas recirculation 

system, power control module, catalytic converter, oxygen sensors, evaporative purge 

canister, positive crankcase ventilation valve, and gas cap.
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(9) Engine--The fuel-based power source of a motor vehicle that is subject 

to §114.50(a) of this title (relating to Vehicle Emissions Inspection Requirements). 

(10) Fleet vehicle--A motor vehicle operated as one of a group that consists 

of more than ten motor vehicles and that is owned and operated by a public or 

commercial entity or by a private entity other than a single household.

(11) Hybrid vehicle--A motor vehicle that draws propulsion energy from 

both gasoline or conventional diesel fuel and a rechargeable energy storage system.

(12) LIRAP--Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program [Low income vehicle repair assistance, retrofit, 

and accelerated vehicle retirement program].

(13) LIRAP fee--The portion of the vehicle emissions inspection fee that is 

required to be remitted to the state at the time of annual vehicle registration, as 

authorized by Texas Health and Safety Code, §382.202, in counties participating in the 

Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program. 
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(14) LIRAP fee termination date--The first day of the month for the month 

that the Texas Department of Motor Vehicles issues registration notices without the Low 

Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program (LIRAP) fee, as defined in this section, in a participating county opting out of 

the LIRAP.

(15) LIRAP opt-out effective date--The date upon which a county that was 

participating in the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated 

Vehicle Retirement Program (LIRAP) becomes a non-participating county, which occurs 

when the grant contract between the county and the executive director, established in 

§114.64(a) of this title (relating to LIRAP Requirements), is ended, but no earlier than 

the LIRAP fee termination effective date.

(16) [(13)] Motor vehicle--A fully self-propelled vehicle having four wheels 

that has as its primary purpose the transport of a person, persons, or property on a 

public highway.

(17) [(14)] Natural gas vehicle--A motor vehicle that uses only compressed 

natural gas or liquefied natural gas as fuel.

(18) Non-participating county--An affected county that has either:
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(A) not opted into the Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) authorized by Texas 

Health and Safety Code, §382.209; or

(B) opted out of the LIRAP according to the procedures specified in 

§114.64(g) of this title (relating to LIRAP Requirements) and has been released from all 

program requirements, including assessment of the LIRAP fee as defined in this section 

and participation in LIRAP grant programs.

(19) [(15)] Participating county--An affected county in which the 

commissioners court by resolution has chosen to implement a Low Income Vehicle 

Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) [low 

income vehicle repair assistance, retrofit, and accelerated vehicle retirement program] 

authorized by Texas Health and Safety Code, §382.209. An affected county that is in the 

process of opting out of the LIRAP is considered a participating county until the LIRAP 

opt-out effective date as defined in this section.

(20) [(16)] Proof of sale--A notice of sale or transfer filed with the Texas 

Department of Transportation as required under Texas Transportation Code, §503.005, 
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or if unavailable, an affidavit from the selling dealer or documents approved by the 

commission.

(21) [(17)] Proof of transfer--A TCEQ form that identifies the vehicle to be 

destroyed and tracks the transfer of the vehicle to the recycler from the participating 

county, automobile dealer, and dismantler. 

(22) [(18)] Qualifying motor vehicle--A motor vehicle that meets the 

requirements for replacement in §114.64 of this title (relating to LIRAP Requirements).

(23) [(19)] Recognized emissions repair facility--An automotive repair 

facility as provided in 37 Texas Administrative Code §23.51 (relating to Vehicle 

Emissions Inspection Requirements) [§23.93, relating to Vehicle Emissions Inspection 

Requirements].

(24) [(20)] Recycled--Conversion of metal or other material into raw 

material products that have prepared grades; an existing or potential economic value; 

and using these raw material products in the production of new products.

(25) [(21)] Replacement vehicle--A vehicle that is in a class or category of 

vehicles that has been certified to meet federal Tier 2, Bin 5 or cleaner Bin certification 
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under 40 Code of Federal Regulations §86.1811-04, as published in the February 10, 

2000, Federal Register; has a gross vehicle weight rating of less than 10,000 pounds; 

have an odometer reading of not more than 70,000 miles; the total cost does not exceed 

$35,000 and up to $45,000 for hybrid, electric, or natural gas vehicles, or vehicles 

certified as Tier 2 Bin 3 or cleaner Bin certification under 40 Code of Federal 

Regulations §86.1811-04, as published in the February 10, 2000, issue of the Federal 

Register (65 FR 6698); has passed a Texas Department of Public Safety motor vehicle 

safety inspection or safety and emissions inspection within the 15-month period before 

the application is submitted.

(26) [(22)] Retrofit--To equip, or the equipping of, an engine or an exhaust 

or fuel system with new, emissions-reducing parts or equipment designed to reduce air 

emissions and improve air quality, after the manufacture of the original engine or 

exhaust or fuel system, so long as the parts or equipment allow the vehicle to meet or 

exceed state and federal air emissions reduction standards.

(27) [(23)] Retrofit equipment--Emissions-reducing equipment designed 

to reduce air emissions and improve air quality that is approved by the United States 

Environmental Protection Agency and is installed after the manufacture of the original 

engine, exhaust, or fuel system.
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(28) [(24)] Total cost--The total amount of money paid or to be paid for 

the purchase of a motor vehicle as set forth as the sales price in the form entitled 

"Application for Texas Certificate of Title" promulgated by the Texas Department of 

Transportation. In a transaction that does not involve the use of that form, the term 

means an amount of money that is equivalent, or substantially equivalent, to the 

amount that would appear as the sales price on the application for Texas Certificate of 

Title if that form were used.

(29) [(25)] Truck--A motor vehicle having a gross vehicle weight rating of 

less than 10,000 pounds and designed primarily for the transport of persons and cargo.

(30) [(26)] Vehicle--A motor vehicle subject to §114.50(a) of this title 

(relating to Vehicle Emissions Inspection Requirements).

(31) [(27)] Vehicle owner--For the purposes of repair assistance or retrofit, 

the person who holds the Certificate of Title for the vehicle and/or the operator who is 

granted possession and is authorized to make repairs under a lease or purchase 

agreement; and for the purposes of accelerated retirement, the person who holds the 

Certificate of Title for the vehicle.
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(32) [(28)] Vehicle retirement facility--A facility that, at a minimum, is 

licensed, certified, or otherwise authorized by the Texas Department of Transportation 

to destroy, recycle, or dismantle vehicles.
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SUBCHAPTER C: VEHICLE INSPECTION AND MAINTENANCE; LOW 

INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED 

VEHICLE RETIREMENT PROGRAM; AND EARLY ACTION COMPACT 

COUNTIES

DIVISION 1: VEHICLE INSPECTION AND MAINTENANCE

§114.53 

Statutory Authority

The amendment is adopted under Texas Water Code (TWC), §5.102, concerning General 

Powers, that provides the commission with the general powers to carry out its duties 

under the TWC; TWC, §5.103, concerning Rules, that authorizes the commission to 

adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, 

concerning General Policy, that authorizes the commission by rule to establish and 

approve all general policy of the commission; and under Texas Health and Safety Code 

(THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air Act. The amendment is 

also adopted under THSC, §382.002, concerning Policy and Purpose, that establishes 

the commission's purpose to safeguard the state's air resources, consistent with the 

protection of public health, general welfare, and physical property; THSC, §382.011, 

concerning General Powers and Duties, that authorizes the commission to control the 

quality of the state's air; and THSC, §382.012, concerning the State Air Control Plan, 
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that authorizes the commission to prepare and develop a general, comprehensive plan 

for the proper control of the state's air. Additionally, the amendment is adopted under 

THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and 

the Public Safety Commission to adopt rules implementing the LIRAP; and THSC, 

§382.210, concerning Implementation Guidelines and Requirements for the LIRAP, that 

authorizes the commission to adopt rules creating guidelines to assist participating 

counties in implementing the LIRAP.

The adopted amendment implements THSC, §§382.002, 382.011, 382.012, 382.017, 

382.209, and 382.210.

§114.53. Inspection and Maintenance Fees. 

(a) The following fees must be paid for an emissions inspection of a vehicle at an 

inspection station. This fee must include one free retest should the vehicle fail the 

emissions inspection provided that the motorist has the retest performed at the same 

station where the vehicle originally failed and submits, prior to the retest, a properly 

completed vehicle repair form showing that emissions-related repairs were performed 

and the retest is conducted within 15 days of the initial emissions test. 
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(1) In El Paso County beginning May 1, 2002 and ending on the day before 

the single sticker transition date as defined in §114.1 of this title (relating to Definitions), 

any emissions inspection station required to conduct an emissions test in accordance 

with §114.50(a)(4)(A), (B), or (C) of this title (relating to Vehicle Emissions Inspection 

Requirements) must collect a fee of $14 and remit $2.50 to the Texas Department of 

Public Safety (DPS). If the El Paso County Commissioners Court adopts a resolution that 

is approved by the commission to participate in the Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP), the 

emissions inspection station in El Paso County must collect a fee of $16 and remit to the 

DPS $4.50 beginning upon the date specified by the commission and ending on the day 

before the single sticker transition date. Beginning on the single sticker transition date, 

any emissions inspection station in El Paso County required to conduct an emissions 

test in accordance with §114.50(a)(4)(A), (B), or (C) of this title must collect a fee not to 

exceed $11.50. 

(2) In the Dallas-Fort Worth program area beginning May 1, 2002 and 

ending on the day before the single sticker transition date as defined in §114.1 of this 

title, any emissions inspection station required to conduct an emissions test in 

accordance with §114.50(a)(1)(A) or (B) of this title and in the extended Dallas-Fort 

Worth program area beginning May 1, 2003 and ending on the day before the single 

sticker transition date, any emissions inspection station required to conduct an 
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emissions test in accordance with §114.50(a)(2)(A) or (B) of this title must collect a fee 

not to exceed $27. Beginning May 1, 2002 and ending on the day before the single 

sticker transition date in the Dallas-Fort Worth and the extended Dallas-Fort Worth 

program areas, the emissions inspection station must remit to the DPS $2.50 for each 

acceleration simulation mode (ASM-2) test and $8.50 for each on-board diagnostics 

(OBD) test. Beginning on the single sticker transition date in the Dallas-Fort Worth and 

the extended Dallas-Fort Worth program areas, any emissions inspection station 

required to conduct an emissions test in accordance with §114.50(a)(1)(A) or (B) and 

(2)(A) or (B) of this title must collect a fee not to exceed $24.50 for each ASM-2 test and 

$18.50 for each OBD test. 

(3) In the Houston-Galveston-Brazoria program area beginning May 1, 

2002 and ending on the day before the single sticker transition date as defined in §114.1 

of this title, any emissions inspection station in Harris County required to conduct an 

emissions test in accordance with §114.50(a)(3)(A) or (B) of this title and beginning May 

1, 2003 and ending on the day before the single sticker transition date, any emissions 

inspection station in Brazoria, Fort Bend, Galveston, and Montgomery Counties 

required to conduct an emissions test in accordance with §114.50(a)(3)(D) or (E) of this 

title must collect a fee not to exceed $27. Beginning May 1, 2002 and ending on the day 

before the single sticker transition date in Brazoria, Fort Bend, Galveston, Harris, and 

Montgomery Counties, the emissions inspection station must remit to the DPS $2.50 for 
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each ASM-2 test and $8.50 for each OBD test. Beginning on the single sticker transition 

date in Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties, any 

emissions inspection station required to conduct an emissions test in accordance with 

§114.50(a)(3)(A), (B), (D), or (E) of this title must collect a fee not to exceed $24.50 for 

each ASM-2 test and $18.50 for each OBD test. 

(b) The per-vehicle fee and the amount the inspection station remits to the DPS 

for a challenge test at an inspection station designated by the DPS, must be the same as 

the amounts set forth in subsection (a) of this section. The challenge fee must not be 

charged if the vehicle is retested within 15 days of the initial test. 

(c) Inspection stations performing out-of-cycle vehicle emissions inspections for 

the state's remote sensing element must charge a motorist for an out-of-cycle emissions 

inspection in the amount specified in subsection (a) of this section resulting from 

written notification that subject vehicle failed on-road testing. If the vehicle passes the 

vehicle emissions inspection, the vehicle owner may request reimbursement from the 

DPS. 

(d) Beginning on the single sticker transition date as defined in §114.1 of this title, 

vehicle owners shall remit as part of the annual vehicle registration fee collected by the 

Texas Department of Motor Vehicles (DMV) or county tax assessor-collector the amount 
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of the vehicle emissions inspection fee that is required to be remitted to the state.[, as 

specified by the following requirements:] 

(1) In El Paso County, the following requirements apply. [vehicle owners 

shall remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV 

or county tax assessor-collector at the time of the annual vehicle registration as part of 

the vehicle emissions inspection fee. If the El Paso County Commissioners Court adopts 

a resolution that is approved by the commission to participate in the Low Income 

Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program, 

vehicle owners shall remit $4.50 for motor vehicles subject to vehicles emissions 

inspections to the DMV or county tax assessor-collector at the time of the annual vehicle 

registration as part of the vehicle emissions inspection fee beginning upon the date 

specified by the commission.] 

(A) If participating in the LIRAP, vehicle owners shall remit $4.50 

for motor vehicles subject to vehicle emissions inspections to the DMV or county tax 

assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee. Of the $4.50 remitted, $2.00 constitutes the LIRAP fee as 

defined in §114.7 of this title (relating to Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program Definitions).
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(B) If participating in the LIRAP and in the process of opting out, 

vehicle owners shall remit $4.50 for motor vehicles subject to vehicle emissions 

inspections to the DMV or county tax assessor-collector at the time of annual vehicle 

registration as part of the vehicle emissions inspection fee until the LIRAP fee 

termination effective date as defined in §114.7 of this title. Of the $4.50 remitted, $2.00 

constitutes the LIRAP fee as defined in §114.7 of this title. Upon the LIRAP fee 

termination effective date, vehicle owners shall remit $2.50 for motor vehicles subject to 

vehicle emissions inspections to the DMV or county tax-assessor-collector at the time of 

annual vehicle registration as part of the vehicle emissions inspection fee.

(C) If not participating in the LIRAP, vehicle owners shall remit 

$2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county 

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee. 

(2) In the Dallas-Fort Worth and the extended Dallas-Fort Worth program 

areas, the following requirements apply. [vehicle owners shall remit $2.50 for motor 

vehicles subject to ASM-2 tests and $8.50 for motor vehicles subject to OBD tests to the 

DMV or county tax assessor-collector at the time of the annual vehicle registration as 

part of the vehicle emissions inspection fee.]
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(A) Vehicle owners in counties participating in the LIRAP shall 

remit $2.50 for motor vehicles subject to ASM-2 tests and $8.50 for motor vehicles 

subject to OBD tests to the DMV or county tax assessor-collector at the time of annual 

vehicle registration as part of the vehicle emissions inspection fee. Of the $8.50 remitted 

for OBD tests, $6.00 constitutes the LIRAP fee as defined in §114.7 of this title.

(B) Vehicle owners in counties participating in the LIRAP that are 

in the process of opting out shall remit $2.50 for motor vehicles subject to ASM-2 tests 

and $8.50 for motor vehicles subject to OBD tests to the DMV or county tax assessorcollector at the time of annual vehicle registration as part of the vehicle emissions 

inspection fee until the LIRAP fee termination effective date as defined in §114.7 of this 

title. Of the $8.50 remitted for OBD tests, $6.00 constitutes the LIRAP fee as defined in 

§114.7 of this title. Upon the LIRAP fee termination effective date, vehicle owners in 

participating counties that are in the process of opting out of the LIRAP shall remit 

$2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county 

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee.

(C) Vehicle owners in counties not participating in the LIRAP shall 

remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or 
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county tax-assessor-collector at the time of annual vehicle registration as part of the 

vehicle emissions inspection fee. 

(3) In the Houston-Galveston-Brazoria program area, the following 

requirements apply. [vehicle owners shall remit $2.50 for motor vehicles subject to 

ASM-2 tests and $8.50 for motor vehicles subject to OBD tests to the DMV or county tax 

assessor-collector at the time of the annual vehicle registration as part of the vehicle 

emissions inspection fee.]

(A) Vehicle owners in counties participating in the LIRAP shall 

remit $2.50 for motor vehicles subject to ASM-2 tests and $8.50 for motor vehicles 

subject to OBD tests to the DMV or county tax assessor-collector at the time of annual 

vehicle registration as part of the vehicle emissions inspection fee. Of the $8.50 remitted 

for OBD tests, $6.00 constitutes the LIRAP fee as defined in §114.7 of this title.

(B) Vehicle owners in counties participating in the LIRAP that are 

in the process of opting out shall remit $2.50 for motor vehicles subject to ASM-2 tests 

and $8.50 for motor vehicles subject to OBD tests to the DMV or county tax assessorcollector at the time of annual vehicle registration as part of the vehicle emissions 

inspection fee until the LIRAP fee termination effective date as defined in §114.7 of this 

title. Of the $8.50 remitted for OBD tests, $6.00 constitutes the LIRAP fee as defined in 
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§114.7 of this title. Upon the LIRAP fee termination effective date, vehicle owners in 

participating counties that are in the process of opting out of the LIRAP shall remit 

$2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county 

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee.

(C) Vehicle owners in counties not participating in the LIRAP shall 

remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or 

county tax-assessor-collector at the time of annual vehicle registration as part of the 

vehicle emissions inspection fee. 
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SUBCHAPTER C: VEHICLE INSPECTION AND MAINTENANCE; LOW 

INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED 

VEHICLE RETIREMENT PROGRAM; AND EARLY ACTION COMPACT 

COUNTIES

DIVISION 2: LOW INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, 

AND ACCELERATED VEHICLE RETIREMENT PROGRAM 

§§114.60, 114.62, 114.64, 114.70

Statutory Authority

The amendments are adopted under Texas Water Code (TWC), §5.102, concerning 

General Powers, that provides the commission with the general powers to carry out its 

duties under the TWC; TWC, §5.103, concerning Rules, that authorizes the commission 

to adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, 

concerning General Policy, that authorizes the commission by rule to establish and 

approve all general policy of the commission; and under Texas Health and Safety Code 

(THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air Act (TCAA). The 

amendments are also adopted under THSC, §382.002, concerning Policy and Purpose, 

that establishes the commission's purpose to safeguard the state's air resources, 

consistent with the protection of public health, general welfare, and physical property; 

THSC, §382.011, concerning General Powers and Duties, that authorizes the 
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commission to control the quality of the state's air; and THSC, §382.012, concerning the 

State Air Control Plan, that authorizes the commission to prepare and develop a general, 

comprehensive plan for the proper control of the state's air. Additionally, the 

amendments are adopted under THSC, §382.209, concerning the Low Income Vehicle 

Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP), that 

authorizes the commission and the Public Safety Commission to adopt rules 

implementing the LIRAP; and THSC, §382.210, concerning Implementation Guidelines 

and Requirements for the LIRAP, that authorizes the commission to adopt rules 

creating guidelines to assist participating counties in implementing the LIRAP.

The adopted amendments implement THSC, §§382.002, 382.011, 382.012, 382.017, 

382.209, and 382.210.

§114.60. Applicability for LIRAP. 

(a) The provisions of §114.7 of this title (relating to Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions) and 

Division 2 of this subchapter (relating to Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program) provide the minimum 

requirements for county implementation of a Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) and apply to counties 
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that implement a vehicle emissions inspection program and have elected to implement 

LIRAP provisions. 

(b) To be eligible for assistance under this division, vehicles must be subject to 

§114.50(a) of this title (relating to Vehicle Emissions Inspection Requirements). 

(c) LIRAP does not apply to a vehicle that is a: 

(1) fleet vehicle; 

(2) commercial vehicle; 

(3) vehicle owned or leased by a governmental entity; 

(4) vehicle registered as a classic motor vehicle as defined by Texas

Transportation Code, §502.274; 

(5) vehicle registered as an exhibition vehicle, including antique or 

military vehicles, as defined by Texas Transportation Code, §502.275; [or]
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(6) vehicle not regularly used for transportation during the normal course 

of daily activities; or[.] 

(7) vehicle subject to §114.50(a) of this title that is registered in a nonparticipating county.

(d) A participating county must ensure that owners of vehicles under subsection 

(c) of this section do not receive monetary or compensatory assistance under LIRAP.

§114.62. LIRAP Funding. 

(a) The executive director shall provide funding for the Low Income Vehicle 

Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) with 

available funds from fees collected under §114.53 of this title (relating to Inspection and 

Maintenance Fees) or other designated and available funds from participating counties. 

(b) The program shall be administered in accordance with Texas Government 

Code, Chapter 783. Programmatic costs may include call-center management, 

application oversight, invoice analysis, education, outreach, and advertising. 
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(c) A participating county shall receive, to the extent practicable, funds 

appropriated for the program [funding] in reasonable proportion to the amount in fees 

collected in the participating [affected] county or area from emissions testing fees 

designated by the commission. 

(d) In a county with a vehicle emissions inspection and maintenance program 

under Texas Health and Safety Code, §382.202 or §382.302, not more than 10 percent

of the money provided for LIRAP may be used for administration of the program.

§114.64. LIRAP Requirements. 

(a) Implementation. Participation in the Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) is voluntary. An affected 

county may choose to participate in the program at its discretion. Upon receiving a 

written request to participate in the LIRAP [implement a Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP)] by a county 

commissioners court, the executive director shall authorize the implementation of a 

LIRAP in the requesting county. The executive director and county shall enter into a 

grant contract for the implementation of the LIRAP.
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(1) The grant contract must provide conditions, requirements, and 

projected funding allowances for the implementation of the LIRAP.

(2) A participating county may contract with an entity approved by the 

executive director for services necessary to implement the LIRAP. A participating 

county or its designated entity shall demonstrate to the executive director that, at a 

minimum, the county or its designated entity has provided for appropriate measures for 

determining applicant eligibility and repair effectiveness and ensuring against fraud.

(3) The participating county shall remain the contracted entity even if the 

county contracts with another county or another entity approved by the executive 

director to administer the LIRAP.

(b) Repair and retrofit assistance. A LIRAP must provide for monetary or other 

compensatory assistance to eligible vehicle owners for repairs directly related to 

bringing certain vehicles that have failed a required emissions test into compliance with 

emissions requirements or for installing retrofit equipment on vehicles that have failed a 

required emissions test, if practically and economically feasible, in lieu of or in 

combination with repairs performed to bring a vehicle into compliance with emissions 

requirements. Vehicles under the LIRAP must be repaired or retrofitted at a recognized 

emissions repair facility. To determine eligibility, the participating county or its 
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designated entity shall make applications available for LIRAP participants. The 

application, at a minimum, must require the vehicle owner to demonstrate that:

(1) the vehicle has failed a vehicle emissions test within 30 days of 

application submittal;

(2) the vehicle can be driven under its own power to the emissions 

inspection station or vehicle retirement facility;

(3) the vehicle is currently registered in and has been registered in 

the participating program county for at least 12 of the 15 months immediately preceding 

the application for assistance;

(4) the vehicle has passed the safety portion of the Texas Department of 

Public Safety (DPS) motor vehicle safety and emissions inspection as recorded in the 

Vehicle Inspection Report (VIR), or provide assurance that actions will be taken to bring 

the vehicle into compliance with safety requirements;

(5) the vehicle owner's net family income is at or below 300% of the 

federal poverty level; and
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(6) any other requirements of the participating county or the executive 

director are met.

(c) Accelerated vehicle retirement. A LIRAP must provide monetary or other 

compensatory assistance to eligible vehicle owners to be used toward the purchase of a 

replacement vehicle.

(1) To determine eligibility, the participating county or its designated 

entity shall make applications available for LIRAP participants. The application, at a 

minimum, must require the vehicle owner to demonstrate that:

(A) the vehicle meets the requirements under subsection (b)(1) - (3) 

and (5) of this section;

(B) the vehicle has passed a DPS motor vehicle safety or safety and 

emissions inspection within 15 months prior to application submittal; and

(C) any other requirements of the participating county or the 

executive director are met.
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(2) Eligible vehicle owners of pre-1996 model year vehicles that pass the 

required United States Environmental Protection Agency (EPA) Start-Up Acceleration 

Simulation Mode (ASM) standards emissions test, but would have failed the EPA Final 

ASM standards emissions test, or some other criteria determined by the commission, 

may be eligible for accelerated vehicle retirement and replacement compensation under 

this section.

(3) Notwithstanding the vehicle requirement provided under subsection 

(b)(1) of this section, an eligible vehicle owner of a vehicle that is gasoline powered and 

is at least 10 years old as determined from the current calendar year (i.e., 2010 minus 10 

years equals 2000) and meets the requirements under subsection (b)(2), (3), and (5) of 

this section, may be eligible for accelerated vehicle retirement and compensation.

(4) Replacement vehicles must:

(A) be in a class or category of vehicles that has been certified to 

meet federal Tier 2, Bin 5 or cleaner Bin certification under 40 Code of Federal 

Regulations §86.1811-04, as published in the February 10, 2000, issue of the Federal 

Register (65 FR 6698);

(B) have a gross vehicle weight rating of less than 10,000 pounds;
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(C) have an odometer reading of not more than 70,000 miles;

(D) be a vehicle, the total cost of which does not exceed $35,000 

and up to $45,000 for hybrid, electric, or natural gas vehicles, or vehicles certified as 

Tier 2 Bin 3 or cleaner Bin certification under 40 Code of Federal Regulations §86.1811-

04, as published in the February 10, 2000, issue of the Federal Register (65 FR 6698); 

and

(E) have passed a DPS motor vehicle safety inspection or safety and 

emissions inspection within the 15-month period before the application is submitted.

(d) Compensation. The participating county shall determine eligibility and 

approve or deny the application promptly. If the requirements of subsection (b) or (c) of 

this section are met and based on available funding, the county shall authorize monetary 

or other compensations to the eligible vehicle owner.

(1) Compensations must be:
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(A) no more than $600 and no less than $30 per vehicle to be used 

for emission-related repairs or retrofits performed at recognized emissions repair 

facilities, including diagnostics tests performed on the vehicle; or

(B) based on vehicle type and model year of a replacement vehicle 

for the accelerated retirement of a vehicle meeting the requirements under this 

subsection. Only one retirement compensation can be used toward one replacement 

vehicle annually per applicant. The maximum amount toward a replacement vehicle 

must not exceed:

(i) $3,000 for a replacement car of the current model year or 

previous three model years, except as provided by clause (iii) of this subparagraph;

(ii) $3,000 for a replacement truck of the current model year 

or the previous two model years, except as provided by clause (iii) of this subparagraph;

(iii) $3,500 for a replacement hybrid, electric, natural gas, 

and federal Tier 2 Bin 3 or cleaner Bin certification under 40 Code of Federal 

Regulations §86.1811-04, as published in the February 10, 2000, issue of the Federal 

Register (65 FR 6698) vehicle of the current model year or the three previous model 

years.
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(2) Vehicle owners shall be responsible for paying the first $30 of 

emission-related repairs or retrofit costs that may include diagnostics tests performed 

on the vehicle.

(3) For accelerated vehicle retirement, provided that the compensation 

levels in paragraph (1)(B) of this subsection are met and minimum eligibility 

requirements under subsection (c) of this section are met, a participating county may set 

a specific level of compensation or implement a level of compensation schedule that 

allows flexibility. The following criteria may be used for determining the amount of 

financial assistance:

(A) model year of the vehicle;

(B) miles registered on the vehicle's odometer;

(C) fair market value of the vehicle;

(D) estimated cost of emission-related repairs necessary to bring 

the vehicle into compliance with emission standards;
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(E) amount of money the vehicle owner has already spent to bring 

the vehicle into compliance, excluding the cost of the vehicle emissions inspection; and

(F) vehicle owner's income.

(e) Reimbursement for repairs and retrofits. A participating county shall 

reimburse the appropriate recognized emissions repair facility for approved repairs and 

retrofits within 30 calendar days of receiving an invoice that meets the requirements of 

the county or designated entity. Repaired or retrofitted vehicles must pass a DPS safety 

and emissions inspection before the recognized emissions repair facility is reimbursed. 

In the event that the vehicle does not pass the emissions retest after diagnosed repairs 

are performed, the participating county has the discretion, on a case-by-case basis, to 

make payment for diagnosed emissions repair work performed.

(f) Reimbursements for replacements. A participating county shall ensure that 

funds are transferred to a participating automobile dealership no later than 10 business 

days after the county receives proof of the sale, proof of transfer to a dismantler, and any 

administrative documents that meet the requirements of the county or designated 

entity. A list of all administrative documents must be included in the agreements that 

are entered into by the county or designated entity and the participating automobile 

dealerships.
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(1) A participating county shall provide an electronic means for 

distributing replacement funds to a participating automobile dealership once all 

program criteria have been met. The replacement funds may be used as a down payment 

toward the purchase of a replacement vehicle. Participating automobile dealers shall be 

located in the State of Texas. Participation in the LIRAP by an automobile dealer is 

voluntary.

(2) Participating counties shall develop a document for confirming a 

person's eligibility for purchasing a replacement vehicle and for tracking such purchase.

(A) The document must include at a minimum, the full name of 

applicant, the vehicle identification number of the retired vehicle, expiration date of the 

document, the program administrator's contact information, and the amount of money 

available to the participating vehicle owner.

(B) The document must be presented to a participating dealer by 

the person seeking to purchase a replacement vehicle before entering into negotiations 

for a replacement vehicle.
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(C) A participating dealer who relies on the document issued by the 

participating county has no duty to confirm the eligibility of the person purchasing a 

replacement vehicle in the manner provided by this section.

(g) Opting out of the LIRAP. Participation in the LIRAP is voluntary. A 

participating county may opt out of the program. Procedures to release a participating 

county from the LIRAP shall be initiated upon the receipt of a written request to the 

executive director by the county commissioners court in a participating county.

(1) A written request to opt out of the LIRAP shall request release from the 

LIRAP fee as defined in §114.7 of this title (relating to Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions) and the 

grant contract established in subsection (a) of this section. The written request shall 

include one of the following possible LIRAP opt-out effective dates as defined in §114.7 

of this title:

(A) the LIRAP fee termination effective date as defined in §114.7 of 

this title; or

(B) the last day of the legislative biennium in which the LIRAP fee 

termination effective date as defined in §114.7 of this title occurred.
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(2) Upon receipt of a written request to be released from participation in 

the LIRAP, the executive director shall notify, in writing, with a copy sent to the 

requesting county, the Texas Department of Motor Vehicles (DMV), DPS, and the 

Legislative Budget Board of Texas that the LIRAP fee should no longer be collected for 

vehicles undergoing inspection and registration in the affected county.

(3) A county opting out of the LIRAP remains a participating county until 

the LIRAP opt-out effective date as defined in §114.7 of this title, on which date the 

county is no longer subject to the LIRAP fee, and the grant contract established in 

subsection (a) of this section is ended. Not more than 90 days after a county's LIRAP 

opt-out effective date, the unspent balance of allocated LIRAP funds for that county will 

be returned to the commission unless the county opting out has entered into an official 

inter-county elective agreement with other participating counties in the same region to 

share allocated LIRAP funds. If the county opting out has entered into an official intercounty elective agreement with other participating counties in the same region to share 

allocated LIRAP funds, then the portion of LIRAP allocations that is shared and unspent 

as of the LIRAP opt-out effective date will be redistributed among the remaining 

participating counties that are part of that agreement. This redistribution of funds will 

occur not more than 90 days after a county's LIRAP opt-out effective date. On the 
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LIRAP opt-out effective date, any unspent balance of allocated funds shall be returned 

to the commission.

§114.70. Records, Audits, and Enforcement. 

(a) A participating county shall submit quarterly audit reports to ensure that the 

funds provided to implement the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP) have been used in accordance with 

requirements of this division. The quarterly reports (September - November, December 

- February, March - May, June - August) must be transmitted to the executive director 

in paper copies or in an electronic database format to be determined by mutual 

agreement between the state and the participating county no later than 30 days after the 

end of the quarter. 

(b) At a minimum, the quarterly reports must include the following: 

(1) name of the county department or entity implementing the program 

and their mailing address; 

(2) name of the official representative of the county department or entity; 
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(3) amount of funds received during the reporting period; 

(4) amount distributed for repair assistance, retrofitting, accelerated 

retirement, and administrative costs; 

(5) information regarding the recognized emissions repair facilities and 

vehicle retirement facilities participating in the LIRAP, including the number of 

approved assistance transactions, the amount of each transaction, and the total amounts 

paid to each facility; 

(6) pending amount of funds that must be paid out; 

(7) information for each vehicle participating in program, including: 

(A) vehicle identification number (VIN); 

(B) vehicle license plate number; 

(C) name and business address of the Texas Department of Public 

Safety recognized emissions repair facility or vehicle retirement facility; and 
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(D) date of vehicle repair, retrofit, or retirement; [and] 

(8) information for each replacement vehicle including: 

(A) VIN [vehicle identification number (VIN)]; 

(B) make of vehicle; 

(C) model year; 

(D) odometer reading; 

(E) name and business address of seller; and 

(9) any other information requested by the executive director. 

(c) Records on LIRAP must be maintained for a minimum period of three years 

by a participating county, its designated entity, a participating recognized emissions 

repair facility, and a participating vehicle retirement facility. Upon the LIRAP opt out 

effective date as defined in §114.7 of this title (relating to Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions), the non-
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participating county, its designated entity, a participating recognized emissions repair 

facility, and a participating vehicle retirement facility must maintain program records 

for the non-participating county for a period of three years. Such records must be 

available upon request by the executive director for auditing purposes. 

(d) A participating county, its designated entity, a participating recognized 

emissions repair facility, and a participating vehicle retirement facility shall allow the 

executive director to conduct audits and inspections. For a period of three years after the 

LIRAP opt-out effective date as defined in §114.7 of this title, a non-participating county, 

its designated entity, a participating recognized emissions repair facility, and a 

participating vehicle retirement facility shall allow the executive director to conduct 

audits and inspections of records from the non-participating county.

(e) A person who, with intent to defraud, sells a vehicle in an accelerated vehicle 

retirement program under LIRAP commits an offense that is classified as a third degree 

felony. 

(f) A person who causes, suffers, allows, or permits a violation of §114.66(c) and 

(d) of this title (relating to Disposition of Retired Vehicle) is subject to a civil penalty 

under Texas Water Code, Chapter 7, Subchapter D, [Chapter 7,] for each violation. A 

separate violation occurs with each fraudulent certification or prohibited resale.
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SUBCHAPTER C: VEHICLE INSPECTION AND MAINTENANCE; LOW 

INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED 

VEHICLE RETIREMENT PROGRAM; AND EARLY ACTION COMPACT 

COUNTIES

DIVISION 3: EARLY ACTION COMPACT COUNTIES

§114.87 

Statutory Authority

The amendment is adopted under Texas Water Code (TWC), §5.102, concerning General 

Powers, that provides the commission with the general powers to carry out its duties 

under the TWC; TWC, §5.103, concerning Rules, that authorizes the commission to 

adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, 

concerning General Policy, that authorizes the commission by rule to establish and 

approve all general policy of the commission; and under Texas Health and Safety Code 

(THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air Act. The amendment is 

also adopted under THSC, §382.002, concerning Policy and Purpose, that establishes 

the commission's purpose to safeguard the state's air resources, consistent with the 

protection of public health, general welfare, and physical property; THSC, §382.011, 

concerning General Powers and Duties, that authorizes the commission to control the 

quality of the state's air; and THSC, §382.012, concerning the State Air Control Plan, 
Texas Commission on Environmental Quality Page 76

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that authorizes the commission to prepare and develop a general, comprehensive plan 

for the proper control of the state's air. Additionally, the amendment is adopted under 

THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and 

the Public Safety Commission to adopt rules implementing the LIRAP; and THSC, 

§382.210, concerning Implementation Guidelines and Requirements for the LIRAP, that 

authorizes the commission to adopt rules creating guidelines to assist participating 

counties in implementing the LIRAP.

The adopted amendment implements THSC, §§382.002, 382.011, 382.012, 382.017, 

382.209, and 382.210.

§114.87. Inspection and Maintenance Fees. 

(a) The following fees must be paid for an emissions inspection of a vehicle at an 

inspection station in an affected early action compact program county. This fee must 

include one free retest if the vehicle fails the emissions inspection, provided that the 

motorist has the retest performed at the same station where the vehicle originally failed; 

the motorist submits, prior to the retest, a properly completed vehicle repair form 

showing that emissions-related repairs were performed; and the retest is conducted 

within 15 days of the initial emissions test. In Travis and Williamson Counties beginning 
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September 1, 2005 and ending on the day before the single sticker transition date as 

defined in §114.1 of this title (relating to Definitions), any emissions inspection station 

required to conduct an emissions test in accordance with §114.80 of this title (relating to 

Applicability) must collect a fee not to exceed $16 and remit $4.50 to the Texas 

Department of Public Safety (DPS) for each on-board diagnostic and two-speed idle test. 

In Travis and Williamson Counties beginning on the single sticker transition date, any 

emissions inspection station required to conduct an emissions test in accordance with 

§114.80 of this title must collect a fee not to exceed $11.50 for each on-board diagnostic 

and two-speed idle test. 

(b) The per-vehicle fee and the amount the inspection station remits to the DPS 

for a challenge test at an inspection station designated by the DPS must be the same as 

the amounts specified in subsection (a) of this section. The challenge fee must not be 

charged if the vehicle is retested within 15 days of the initial test. 

(c) Inspection stations performing out-of-cycle vehicle emissions inspections 

resulting from written notification that the subject vehicle failed on-road testing (remote 

sensing) must charge a motorist for an out-of-cycle emissions inspection in the amount 

specified in subsection (a) of this section. If the vehicle passes the vehicle emissions

inspection, the vehicle owner may request reimbursement from the DPS. 
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Chapter 114 - Control of Air Pollution from Motor Vehicles

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(d) Beginning [Effective] on the single sticker transition date as defined in §114.1 

of this title in Travis and Williamson Counties, the following requirements 

apply. [vehicle owners shall remit $4.50 for motor vehicles subject to vehicle emissions 

inspections to the Texas Department of Motor Vehicles or county tax assessor-collector 

at the time of the annual vehicle registration as part of the vehicle emissions inspection 

fee.]

(1) Vehicle owners in counties participating in Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) shall remit 

$4.50 for motor vehicles subject to vehicle emissions inspections to the Texas 

Department of Motor Vehicles (DMV) or county tax assessor-collector at the time of 

annual vehicle registration as part of the vehicle emissions inspection fee. Of the $4.50 

remitted, $2.00 constitutes the LIRAP fee as defined in §114.7 of this title (relating to 

Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program Definitions).

(2) Vehicle owners in counties participating in the LIRAP and in the 

process of opting out shall remit $4.50 for motor vehicles subject to emissions 

inspection to the DMV or county tax assessor-collector at the time of annual vehicle 

registration as part of the vehicle emissions inspection fee until the LIRAP fee 

termination effective date as defined in §114.7 of this title. Of the $4.50 remitted, $2.00 
Texas Commission on Environmental Quality Page 79

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constitutes the LIRAP fee as defined in §114.7 of this title. Upon the LIRAP fee 

termination effective date, vehicle owners in participating counties that are in the 

process of opting out of the LIRAP shall remit $2.50 for motor vehicles subject to 

vehicle emissions inspections to the DMV or county tax-assessor-collector at the time of 

annual vehicle registration as part of the vehicle emissions inspection fee.

(3) Vehicle owners in counties not participating in the LIRAP shall remit 

$2.50 for motor vehicles subject to vehicle emissions inspection to the DMV or county 

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle 

emissions inspection fee. 
THE STATE OF TEXAS 

TEXAS COMMISSION ON ENVIRONMENTAL QutAE~lYEM~H~~s?s~Tiui~~~~RREc·cOPv _ _ _ __ _ _ _ _ _ _ _ _ OOOCF A TEXAS COMMiSSION ON E&VIRONMHHAl Q~Al!TYh'\: E Op UMENT. l'lf!ICH ISFilEO IN THE PERMANENT RECORDS 

"o ' 

"' t\ MAY 0 6 2015 

OF THE COMMISSION. GIVEN UNDER MY HA.ND AND THE SEAl OF OFFICE ON 6 ,./ -../- (l I'. • ~.Mvr ((.{:.~---1.:~~.:5;;.?!. r::.. 

TEXAS C~~~~~iJN y;r:~~~~~~~i~~;:~: ~U;::;;- 0RDERAD0PTING Al\fENDED RULES AND 

REVISIONS TO THE STATE IMPLEMENTATION PLAN 

Docket No. 2014-0953-RUL 

Rule Project No. 2014-027-114-AI 

On April29, 2015, the Texas Commission on Environmental Quality (Commission), during a 

public meeting, considered adoption of amended§§ 114.2, 114.7, 114.53, 114.60, 114.62, 114.64, 114.70, 

and 114.87. The Commission adopted these amendments in 30 Texas Administrative Code Chapter 

114, Control of Air Pollution from Motor Vehicles, Subchapters A, Definitions, and C, Vehicle 

Inspection and Maintenance: Low-Income Vehicle Repair Assistance, Retrofit, and Accelerated 

Vehicle Retirement Program; and Early Action Compact Counties, and corresponding revisions to the 

state implementation plan (SIP). Sections 114.2, 114.53, and 114.87 are revisions to the state 

implementation plan SIP. The Commission adopted revisions to incorporate a procedure for counties 

to opt out ofthe Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 

Program (LIRAP) and to be released from program obligations, including remittance of the fee to fund 

the LIRAP. The Commission also adopted language that differentiates betv:een a LIRAP participating 

county and a non-participating county. Under Tex. Health & Safety Code Ann.§§ 382.011, 382.012, 

and 382.023 (West 2010), the Commission has the authority to control the quality of the state's air 

and to issue orders consistent vvith 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 December 5, 

2014, issue of the Texas Register (39 TexReg 9468). 

Pursuant to Tex. Health & Safety Code Ann.§ 382.017 (West 2010), Tex. Gov't Code Ann. 

Chapter 2001 (West 2008), and 40 Code of Federal Regulations§ 51.102, and after proper notice, the 

Commission offered a public hearing to consider the amended rules and revisions to the SIP; however 

the hearing was not opened because no one signed in to provide oral testimony. Proper notice 

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

hearing. A public hearing was noticed to be held in Austin, Texas on January 5, 2015. 

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

interested persons, the Regional Administrator of the EPA, and all applicable local air pollution 

control agencies. The public was invited to submit data, views, and recommendations on the proposed 

amended rules and SIP revisions, either orally or in writing, at the hearing or during the comment 

period. Prior to the scheduled hearing, copies of the proposed amended rules and SIP re-visions were 

available for public inspection at the Commission's central office and on the Commission's website. 

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

rules and SIP re-visions were submitted to the Commission during the comment period, and were 

considered by the Commission as reflected in the analysis of testimony incorporated by reference to 

this Order. The Commission finds that the analysis of testimony includes the names of all interested 

groups or associations offering comment on the proposed amended rules and the SIP revisions and 

their position concerning the same. 
··IT IS THEREFORE ORDERED BYTHE COMMISSIONthatthe amended rules and revisions 

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 -vvi.th Texas 

Register requirem~·nts. 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 C:lS a proposed revision to the Texas SIP pursuant to the 

Federal Clean Air Act, codified at 42 U.S. Code Ann. §§ 7401- 7671q, as amended. 

This Order constitutes the Order of the Commission required by Tex. Gov't Code Ann., Chapter 

2001 (\Nest 2008). 

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. 

Issued date: HAY 0 4 2015 

TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY 
22 TAC §663.19 

The Texas Board of Profession a Land Surveying (Board) adopts 

an amendment to §663.19, c ncerning survey drawings/written/description/reports, without hanges to the proposed text as 

published in the December 5, 2 14, issue of the Texas Register 

(39 TexReg 9462). 

The amendment removed vag ness created by the phrase "if 

appropriate" formerly found in ubsection (f). It was believed 

that land surveyors interpreted t e phrase as not having to show 

adjoiners on the survey report. he Board believes showing adjoiners on the survey report is a indication that the land surveyor 

has done his/her research on t e property being surveyed. 

No comments were received re arding adoption of the amendment. 

The rule amendment is adopted under Texas Occupations Code 

§1071.151 and Government C de §2001.004. 

The agency certifies that legal ounsel has reviewed the adoption and found it to be a valid e ercise of the agency's legal authority. 

Filed with the Office of the Seer tary of State on April 30, 2015. 

TRD-201501523 

Tony Estrada 

Executive Director 

Texas Board of Professional Land urveying 

Effective date: May 20, 2015 

Proposal publication date: Decemb r 5, 2014 

For further information, please call: (512) 239-5263 

• • • 

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 (TCEQ, 

agency, or commission) adopts amendments to §§114.2, 114.7, 

114.53, 114.60, 114.62, 114.64, 114.70, and 114.87. 

Section 114.64 is adopted with change to the proposed text as 

published in the December 5, 2014, issue of the Texas Register (39 TexReg 9468). Sections 114.2, 114.7, 114.53, 114.60, 

114.62, 114.70, and 114.87 are adopted without changes to the 

proposed text and, therefore, will not be republished. 

Sections 114.2, 114.53, and 114.87 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 

The commission adopts revisions to incorporate a procedure 

for counties to opt out of the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program 

(LIRAP) and to be released from program obligations, including 

remittance of the fee to fund the LIRAP. The commission also 

40 TexReg 2670 May 15, 2015 Texas Register 

adopts language that differentiates between a LIRAP participating county and a non-participating county. 

The LIRAP was established to enhance the objectives of the 

Vehicle Inspection and Maintenance (1/M) Program. The 77th 

Texas Legislature, 2001, enacted House Bill (HB) 2134 to assist 

low income individuals with repairs, retrofits, or retirement of vehicles that fail emissions inspections. HB 2134 required the commission and the Texas Department of Public Safety (DPS), by 

rule, to provide the minimum guidelines by which eligible counties may implement the LIRAP. The commission, in coordination 

with DPS, adopted rules implementing HB 2134. 

The LIRAP is a voluntary program, and only those counties that 

have implemented vehicle emissions 1/M programs are eligible 

to participate in the LIRAP. 1/M program counties include Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties 

in the Houston-Galveston-Brazoria (HGB) area; Collin, Dallas, 

Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties in the Dallas-Fort Worth (DFW) area; Travis and 

Williamson Counties in the Austin-Round Rock (ARR) area; and 

El Paso County. To participate, an eligible county must submit 

a written request to the TCEQ from the county's commissioners 

court to implement the LIRAP. The TCEQ executive director and 

the participating county then enter into a grant contract for implementation of the program. The LIRAP is separated into two 

grant programs - Drive a Clean Machine (DACM) and local initiative projects (LIP). DACM funds provide monetary assistance 

to qualifying vehicle owners in participating counties for emission-related vehicle repair, retrofit, and replacement. LIP funds 

are granted to participating counties for use in approved projects 

focused on improving air quality in the program area. 

The LIRAP is funded through a fee (LIRAP fee) that is charged to 

vehicle owners in participating counties. The LIRAP fee is $6.00 

in participating DFW and HGB-area counties, and it is charged to 

vehicle owners who receive on-board diagnostics (OBD) emissions inspection tests. The LIRAP fee is $2.00 in participating 

ARR-area counties, and it is charged to vehicle owners for any 

emissions inspection test performed. The LIRAP fee was remitted at authorized inspection stations during annual vehicle 

safety and emissions inspections until March 1, 2015. As of 

that date, the LIRAP fee is paid to the Texas Department of Motor Vehicles (DMV) or county tax assessor-collector during vehicle registration. This change is a result of a 2014 revision to 

Chapter 114, Subchapters A, B, and C (Rule Project Number 

2013-035-114-AI), transitioning the state to a single sticker system for vehicle inspection and registration and implementing HB 

2305, 83rd Texas Legislature, 2013. 

On April 28, 2014, the commission received Court Order No. 

2014-221-04-21 from the Collin County Commissioners Court 

withdrawing the county from participation in the LIRAP. The court 

order was sent with a letter requesting that the commission release Collin County from program requirements, including collection of the LIRAP fee. At the time the LIRAP was established, 

the rules did not specify a procedure to allow participating counties to opt out of the program or to be released from the LIRAP 

fee requirement. This rulemaking provides Collin County or any 

participating county with a procedure for opting out of the LIRAP, 

which includes being released from collection of the LIRAP fee 

and ending of the contract between the county and the TCEQ 

executive director. This rulemaking amends Subchapter A to revise the definitions for the LIRAP to account for counties opting 

out of the program and adds four new definitions to further clarify 

program elements and differentiate between counties participat-
ing in the LIRAP and non-participating counties. This rulemaking also amends Subchapter C, Divisions 1, 2, and 3. Division 

1 is amended to specify the 1/M fees that apply in a participating 

nonattainment county, a county that is in the process of opting 

out of the LIRAP, and a non-participating nonattainment county. 

Division 2 is amended to provide a mechanism for participating 

nonattainment counties to opt out of the LIRAP, and Division 3 

is amended to provide a mechanism for early action compact 

(EAC) counties to opt out of the LIRAP and accordingly, revise 

the 1/M fee requirements in §114.87. 

Section by Section Discussion 

In addition to the adopted amendments associated with providing a mechanism for counties to opt out of the LIRAP, various 

stylistic, non-substantive changes are included to update rule 

language to current Texas Register style and format requirements. Such changes include appropriate and consistent use 

of acronyms, section references, rule structure, and certain terminology. These changes are non-substantive and generally are 

not specifically discussed in this preamble. 

§114.2, Inspection and Maintenance Definitions 

The acronym for the Low Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle Retirement Program is replaced with the full program title to be consistent with the title of 

the referenced subchapter and Texas Register requirements. 

§ 114.7, Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions 

The title of §114.7 is corrected by amending the term "retrofit" 

to be singular. In addition, four definitions are added to §114.7 

to clarify program requirements and differentiate between participating counties and non-participating counties. "LIRAP fee" is 

added as paragraph (13) to define the fee that vehicle owners 

in participating LIRAP counties pay when their vehicles receive 

certain emissions tests, OBD tests in DFW and HGB-area counties, and any emissions test in El Paso, Travis, and Williamson 

Counties. El Paso is currently a non-participating county. Assessment of the LIRAP fee is authorized by Texas Health and 

Safety Code (THSC), §382.202. 

"LIRAP fee termination date" is added as paragraph (14) to define the effective date upon which a county opting out of the LIRAP would no longer pay the LIRAP fee. "LIRAP opt-out effective date" is added as paragraph (15) to define the date upon 

which a county that was participating in the LIRAP becomes a 

non-participating county. Withdrawal from the program is effective on the date that both of the following requirements have been 

met: 1) the county is no longer subject to the LIRAP fee; and 2) 

the grant contract between the county and the TCEQ executive 

director that established participation in the program is ended. 

The grant contract cannot be ended before the LIRAP fee termination effective date. 

"Non-participating county" is added as paragraph (18) to differentiate between counties that are eligible to participate in the 

LIRAP but choose not to and eligible counties that participate in 

the LIRAP. The definition for "Participating county" is amended 

to clarify that a county that is in the process of opting out of the 

LIRAP will be considered a participating county until the LIRAP 

opt-out effective date. The definition for "Recognized emissions 

repair facility" is amended to replace the reference to 37 Texas 

Administrative Code (TAC) §23.93 with 37 TAC §23.51 as it replaced the former as of March 13, 2013. The remaining definitions in §114.7 are renumbered to accommodate the added 

definitions. 

§114.53, Inspection and Maintenance Fees 

Section 114.53(d)(1 ), (2), and (3) is amended to more fully 

describe the LIRAP fee as it relates to the vehicle 1/M programs 

in El Paso County and the DFW and HGB-area counties. Subparagraphs are added to §114.53(d)(1), (2), and (3) to explain 

remittance of 1/M fees, including the LIRAP fee, in a county 

participating in the LIRAP, a participating county that is in the 

process of opting out of the LIRAP, and a county that is not participating in the LIRAP and not subject to the LIRAP fee. Section 

114.53(d)( 1) is reorganized to allow the adopted subparagraphs 

to be consistent among the paragraphs of §114.53(d). The 

state fees vehicle owners pay during vehicle registration in 

participating counties, subparagraph (A) for each paragraph 

in §114.53(d), includes the LIRAP fee. The state fees vehicle 

owners pay during vehicle registration in participating counties 

that are in the process of opting out of the LIRAP, subparagraph 

(B) for each paragraph in §114.53(d), includes the LIRAP fee 

until the effective LIRAP fee termination date, after which state 

fees will not include the LIRAP fee. The state fees vehicle owners pay during vehicle registration in non-participating counties, 

subparagraph (C) for each paragraph in §114.53(d), does not 

include the LIRAP fee. 

§114.60, Applicability for LIRAP 

Section 114.60(c)(7) is added to specify that LIRAP requirements are not applicable to vehicles registered in counties that 

do not participate in the program. This addition clarifies that 

vehicles in non-participating counties are not subject to LIRAP 

requirements. 

§114.62, LIRAP Funding 

Section 114.62(a) is amended to clarify that the LIRAP is funded 

through money collected only in participating counties, and the 

term "participating" replaces "affected" in §114.62(c) for consistency in describing counties that participate in the program. 

§114.64, LIRAP Requirements 

The counties that are eligible to participate in the LIRAP are 

limited to those that are included in 1/M program areas, but no 

county is required to participate in the LIRAP. The original rule 

to implement the program included a procedure to allow counties to opt into the LIRAP, but it did not include a procedure to 

allow counties to opt out The adopted amendments to §114.64 

establish a procedure for opting out of the LIRAP. 

The commission amends §114.64(a), concerning implementation of the LIRAP, to indicate that participation in the program is 

voluntary. The commission amends §114.64(b)(3) to clarify that 

vehicle repair and retrofit assistance through the DACM Program 

is only available for vehicles registered in participating LIRAP 

counties. 

The commission adds §114.64(g) to establish the procedure for 

opting out of the LIRAP. Section 114.64(g)(1) requires a county 

wishing to opt out of the program to submit a written request from 

the county commissioners court to the TCEQ executive director, 

which is consistent with the process for opting into the LIRAP. 

The written request should include one of two possible LIRAP 

opt-out effective dates, either the LIRAP fee termination effective 

date or the last day of the legislative biennium in which the LIRAP 

fee termination effective date occurs. The first option completely 

withdraws the opt-out county from the program on the same date 

ADOPTED RULES May 15,2015 40 TexReg 2671 
that the county is no longer subject to the LIRAP fee. The second 

option extends the opt-out county's program participation past 

the LIRAP fee termination effective date to allow the county time 

to spend any remaining funds that have been allocated by the 

commission. 

Participation in the LIRAP makes grant funds available to counties for program-related projects and to qualified vehicle owners, 

and the LIRAP is funded through appropriations made by the 

legislature from Clean Air Account 151, into which LIRAP fees 

collected from county vehicle owners are deposited. Due to the 

program's reliance on public support, the commission requested 

public comment on the method and process by which counties 

wishing to opt into or out of the LIRAP would do so, including any 

associated public notice requirements. 

Adopted §114.64(g)(2) describes the procedure the commission 

will follow to release a county from LIRAP requirements upon 

receiving a written request from the county to opt out. Release 

from LIRAP requirements includes removing the LIRAP fee from 

the state fees charged to vehicle owners during vehicle registration, which requires the commission to coordinate with the DMV 

and DPS and to contact the Legislative Budget Board of Texas 

(LBB). The process to remove the LIRAP fee will be initiated 

upon receipt by the TCEQ executive director of a request from 

a county to opt out of the program. The DMV vehicle registration notices list charges for state inspection fees, which include 

the LIRAP fee in counties participating in the program. These 

fees are paid by vehicle owners when they register their vehicles. The DMV prints and distributes vehicle registration notices 

at least 90 days prior to registration expiration dates, so registration notices that include the LIRAP fee will be in circulation in 

an opt-out county for at least 90 days after the TCEQ initiates 

the fee removal process. The LIRAP fee will be effectively removed for an opt-out county once it is no longer included in the 

state fee charges that appear on vehicle registration notices in 

the affected county. For example, if the TCEQ executive director received a written request to withdraw from the program on 

August 1st, then the effective LIRAP fee termination date would 

be on or after December 1st because December would be the 

first month for which registration notices that did not include the 

LIRAP fee would be printed. The DMV prints registration notices 

mid-month, so a written request to withdraw that was received 

by the TCEQ executive director in mid-August would likely not 

result in the LIRAP fee being effectively terminated for the submitting county until, at the earliest, January 1st. 

The effective LIRAP fee termination date for a county opting out 

of the Ll RAP is the first day of the month for the month that the 

DMV issues registration notices that do not include the LIRAP 

fee. Until the LIRAP fee termination effective date, a county in 

the process of opting out of the LIRAP is still considered a participating county because the LIRAP fee cannot be assessed in 

a non-participating county. Depending upon the LIRAP opt-out 

effective date included in a county's written request to opt out 

of the program, the county could be completely withdrawn from 

the LIRAP on the LIRAP fee termination effective date, ending 

the contract between the county and the TCEQ executive director simultaneous with removal of the LIRAP fee. The county may 

instead choose to continue to participate in LIRAP activities without being subject to the LIRAP fee until the end of the legislative biennium in which the fee termination date occurs. Choosing the first option could end the county's participation in the LIRAP before all grant funds allocated to the county have been 

spent. The second option would allow a county the opportunity 

to continue LIRAP activities and spend previously allocated Ll40 TexReg 2672 May 15, 2015 Texas Register 

RAP grant funds until the end of the biennium in which the LIRAP 

fee termination date occurred for that county. 

Adopted §114.64(g)(3) describes the LIRAP opt-out effective 

date, which is the date upon which a participating county is 

no longer subject to the LIRAP fee and the grant contract 

between the county and the TCEQ executive director is ended. 

On this date, the county becomes a non-participating county. 

The commission will allow a county wishing to opt out of 

the LIRAP a choice of two options in determining when the 

program is ended for that county, so there are two possible 

effective dates upon which a participating county becomes a 

non-participating county. The first occurs simultaneous with the 

LIRAP fee termination effective date, and the second occurs 

on the last day of the legislative biennium in which the LIRAP 

fee termination effective date occurs. The commission revises 

proposed §114.64(g)(3) in response to a comment received, 

which is discussed in the Response to Comments section of 

this preamble. Revised §114.64(g)(3) indicates that not more 

than 90 days after a county's LIRAP opt-out effective date, the 

unspent balance of allocated LIRAP funds for the opt-out county 

will be returned to the commission unless the county has entered into an official inter-county elective agreement with other 

participating counties in the same region to share allocated 

LIRAP funds. If an inter-county elective agreement exists, then 

the portion of LIRAP allocations that is shared and unspent as of 

the LIRAP opt-out effective date will be redistributed among the 

remaining participating counties that are part of that agreement. 

The redistribution of a county's allocated and unspent LIRAP 

funds will occur not more than 90 days after the county's LIRAP 

opt-out effective date. 

§ 114.70, Records, Audits, and Enforcement 

The commission amends §114.70(c) and (d) to incorporate 

recordkeeping and inspection requirements for counties that 

opt out of the LIRAP. Adopted §114.70(c) requires program 

participants in counties opting out of the LIRAP to maintain 

program records concerning the opt-out county for three years 

after the effective LIRAP opt-out date for the county. Program 

participants include the county, its designated entity, participating recognized emissions repair facilities, and participating 

vehicle retirement facilities. Adopted §114.70(d) requires that in 

the three-year period during which records must be kept after 

a county's LIRAP opt-out effective date, the TCEQ executive 

director must be allowed to conduct audits and inspections of 

the records kept concerning the opted out county by program 

participants. 

§114.87, Inspection and Maintenance Fees 

The commission amends §114.87 to apply the changes adopted 

in §114.53 to counties with early action compact programs 

that participate in the vehicle emissions 1/M program. Adopted 

§114.87(d)(1)- (3) explains remittance of liM fees, including the 

URAP fee, in a county participating in the LIRAP, a participating 

county that is in the process of opting out of the LIRAP, and a 

county that is not participating in the LIRAP and not subject to 

the LIRAP fee. The description of the state fees vehicle owners 

pay during vehicle registration in participating EAC counties, 

paragraph (1 ), includes the LIRAP fee. The description of the 

state fees vehicle owners pay during vehicle registration in 

participating EAC counties that are in the process of opting out 

of the LIRAP, paragraph (2), includes the LIRAP fee until the effective LIRAP fee termination date, after which state fees do not 

include the LIRAP fee. The description of the state fees vehicle 
owners pay during vehicle registration in non-participating EAC 

counties, paragraph (3), does not include the LIRAP fee. 

Final Regulatory Impact Determination 

The commission reviewed this rulemaking in light of the regulatory 1m pact analysis requirements of Texas Government Code 

§2001.0225 and determined that it does not meet the definition of 

a "major environmental rule" as defined in that statute. A "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 matenal_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." Additionally, this rulemaking 

does not meet any of the four applicability criteria for requiring a 

regulatory 1m pact analysis for a major environmental rule which 

are listed in Texas Government Code, §2001.0225(a). 'Texas 

Government Code, §2001.0225 applies only to a major environmental rule, the result of which is to: _1) exceed a standard set by 

federal law, unless the rule IS spec1f1cally required by state law; 

2) exceed an express requirement of state law, unless the rule 

is specifically required by federal law; 3) exceed a requirement 

of a delegation agreement or contract between the state and an 

agency or representative ofthe federal government to implement 

a state and federal program; or 4) adopt a rule solely under the 

general powers of the agency instead of under a specific state 

law. 

The amendments to Chapter 114 are adopted in accordance with 

HB 2134, which authorized the LIRAP found in THSC, Chapter 

382. HB 2134 was enacted to enhance the objective of the vehicle emissions liM program. The LIRAP provides financial assistance to low-income individuals for repair, retrofit, or retirement 

of vehicles that fail an emissions inspection. The rulemaking is 

not expected to 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. 

The rulemaking implements requirements of 42 United States 

Code (USC), §7410, which requires states to adopt a SIP that 

provides for the implementation, maintenance, and enforcement 

of the National Ambient Air Quality Standards (NAAQS) in each 

a1r quality control region of the state. The LIRAP was designed 

to enhance the objectives of the 1/M program, and the commission previously submitted the 1/M rules to the EPA as a revision to 

the Texas SIP, which the EPA approved effective July 25, 2014. 

While 42 USC, §7410 generally does not require specific programs, methods, or reductions in order to meet the standard 

the SIP must include enforceable emission limitations and othe~ control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance 

as may be necessary or appropriate to meet the applicable requirements ofth1s chapter (42 USC, Chapter 85). The provisions 

of the Federal Clean Air Act (FCAA) recognize that states are in 

the best position to determine what programs and controls are 

necessary or appropriate in order to meet the NAAQS. This flexibility allows states, affected industry, and the public to collaborate on the best methods for attaining the NAAQS for the specific 

regions in the state. Even though the FCAA allows states to develop their own programs, this flexibility does not relieve a state 

from developing a program that meets the requirements of 42 

USC, §7410. States are not free to ignore the requirements of 

42 USC, §7410 and must develop programs to assure that their 

contributions to nonattainment areas are reduced so that these 

areas can be brought into attainment on schedule. 

The requirement to provide a fiscal analysis of adopted regulations in the Texas Government Code was amended by Senate 

8111 (SB) 633 dunng the 75th Texas Legislature, 1997. The intent of SB 633 was to require agencies to conduct a regulatory 

1m pact analys1s of extraordinary rules. These rules are identified 

in the statutory language as major environmental rules that will 

have a material adverse impact and will exceed a requirement 

of state law, federal law, or a delegated federal program, or are 

adopted solely under the general powers of the agency. With 

the understanding that this requirement would seldom apply, the 

~om miSSIOn prov1ded a cost estimate for SB 633 concluding that 

based ?n an assessment of rules adopted by the agency in the 

past: 1t IS not ant1c1pated that the bill will have significant fiscal 

Implications for the agency due to its limited application." The 

commiSSIOn also noted that the number of rules that would require assessment under the provisions of the bill was not large. 

Th1s conclus1on was based, in part, on the criteria set forth in the 

bill that exempted the adopted rules from the full analysis unless 

the rule was a major environmental rule that exceeds a federal 

law. 

As discussed earlier in this preamble, the FCAA does not always 

requ1re spec1f1c programs, methods, or reductions in order to 

meet the NAAQS; thus, states must develop programs for each 

area contributing to nonattainment to help ensure that those areas will meet the attainment deadlines. Because of the ongoing 

need to address nonattainment issues and to meet the requirements of 42 USC, §7410, the commission routinely proposes 

and adopts SIP rules. The legislature is presumed to understand 

this federal scheme. If each rule adopted for inclusion in the Sl P 

was considered to be a major environmental rule that exceeds 

federal law, then every SIP rule would require the full regulatory 

Impact analysiS contemplated by SB 633. This conclusion is inconsistent with the conclusions reached by the commission in its 

cost estimate and by the LBB in its fiscal notes. Since the legislature IS presumed to understand the fiscal impacts of the bills it 

passes and that presumption is based on information provided 

by state agencies and the LBB, the commission believes that the 

intent of SB 633 was only to require the full regulatory impact 

analys1s for rules that are extraordinary in nature. While the SIP 

rules will have a broad impact, the impact is no greater than is 

necessary or appropriate to meet the requirements of the FCAA. 

For these reasons, rules adopted for inclusion in the SIP fall under the exception in Texas Government Code, §2001.0225(a) 

because they are required by federal law. 

The commission has consistently applied this construction to its 

rules since this statute was enacted in 1997. Since that time 

the legislature has revised the Texas Government Code but left 

this provision substantially un-amended. It is presumed that 

"when an agency interpretation is in effect at the time the legislature amends the laws without making substantial change in the 

statute, the legislature is deemed to have accepted the agency's 

Interpretation." Central Power & Light Co. v. Sharp, 919 S.W.2d 

485,. 489 (Tex. App. Austin 1995), writ denied with per curiam 

opm10n respecting another issue, 960 S.W2d 617 (Tex. 1997)· 

Bullock v. Marathon Oil Co., 798 S.W2d 353, 357 (Tex. App: 

Aust1n 1990, no wnt); Cf Humble Oil & Refining Co. v. Calvert, 

414 S.W2d 172 (Tex. 1967); Dudney v. State Farm Mut. Auto 

Ins. Co., 9 S.W.3d 884, 893 (Tex. App. Austin 2000); Southwestern Ltfe Ins. Co. v. Montemayor, 24 S.W3d 581 (Tex. App. 

Austin 2000, pet. denied); and Coastallndust. Water Auth. v. 

Trinity Portland Cement Div., 563 S.W.2d 916 (Tex. 1978). 

ADOPTED RULES May 15,2015 40 TexReg 2673 
The commission's interpretation of the regulatory impact analysis requirements is also supported by a change made to the 

Texas Administrative Procedure Act (APA) by the legislature in 

1999. In an attempt to limit the number of rule challenges based 

upon APA requirements, the legislature clarified that state agencies are required to meet these sections of the APA against the 

standard of "substantial compliance." The legislature specifically 

identified Texas Government Code, §2001.0225, as falling under 

this standard. The commission has substantially complied with 

the requirements of Texas Government Code, §2001.0225. 

The specific intent of these adopted rules is to amend sections 

of the TAC, which would allow any participating county to opt out 

of the LIRAP, including the collection of the LIRAP fee collected 

at the time of vehicle registration, without a future rulemaking. 

By providing a mechanism for participating counties to opt out of 

the LIRAP, this rulemaking creates a more comprehensive program in accordance with the TCEQ's statutory obligation to create and implement the LIRAP. Additionally, even if the adopted 

rulemaking was a major environmental rule, it does not exceed a 

standard set by federal law or exceed an express requirement of 

state law. No contract or delegation agreement covers the topic 

that is the subject of this rulemaking. Therefore, this rulemaking is not subject to the regulatory analysis provisions of Texas 

Government Code, §2001.0225(b) because it does not meet the 

definition of a "major environmental rule," nor does it meet any 

of the four applicability criteria for a major environmental rule. 

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

period, and none were received. 

Takings Impact Assessment 

The commission evaluated the adopted rulemaking and performed an assessment of whether Texas Government Code, 

Chapter 2007 is applicable. The specific intent of these rules 

is to amend sections of the TAC, which will allow any participating county to opt out of the LIRAP, including the collection 

of program-related LIRAP fee, without a future rulemaking. 

The rules will substantially advance this stated purpose by 

amending sections in Chapter 114, Subchapters A and C to 

include revisions of the definitions and fees and to provide a 

mechanism for participating counties to opt out of the LIRAP. 

By providing a mechanism for participating counties to opt out 

of the LIRAP, this rulemaking creates a more comprehensive 

program in accord with the TCEQ's statutory obligation to create 

and implement the LIRAP. 

Texas Government Code, §2007.003(b)(4) provides that Texas 

Government Code, Chapter 2007 does not apply to this rulemaking because it is an action reasonably taken to fulfill an obligation 

mandated by state law. THSC, Chapter 382 requires the commission to establish and authorize the commissioners court of 

a participating county to implement a LIRAP subject to agency 

oversight that may include reasonable, periodic commission audits. Consequently, this rulemaking meets the exemption criteria 

in Texas Government Code, §2007.003(b)(4). 

Nevertheless, the commission further evaluated these adopted 

rules and performed an assessment of whether these rules constitute a "taking" under Texas Government Code, Chapter 2007. 

Promulgation and enforcement of these rules would be neither 

a statutory nor a constitutional taking of private real property. 

Specifically, the subject regulations do not affect a landowner's 

rights in private real property because this rulemaking does not 

burden (constitutionally), nor restrict or limit the owner's right to 

40 TexReg 2674 May 15, 2015 Texas Register 

property and reduce its value by 25% or more beyond that which 

would otherwise exist in the absence of the regulations. These 

adopted rules create a voluntary program for counties in the state 

to participate in and opt out of the LIRAP. 

In addition, because the subject regulations do not provide more 

stringent requirements they do not burden, restrict, or limit an 

owner's right to property and reduce its value by 25% or more 

beyond that which would otherwise exist in the absence of the 

regulations. Therefore, these adopted rules do not constitute 

a taking under the Texas Government Code, Chapter 2007. For 

these reasons, Texas Government Code, Chapter 2007 does not 

apply to this rulemaking. 

Consistency with the Coastal Management Program 

The commission reviewed this rulemaking and found that it 

is identified in the Coastal Coordination Act Implementation 

Rules, 31 TAC §505.11(b)(4) relating to 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 

of the Coastal Coordination Advisory Committee 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 therefore, is consistent with CMP goals and policies. 

The commission invited public comment regarding the consistency with the CMP during the public comment period, and none 

were received. 

Public Comment 

The comment period was from December 5, 2014 through January 9, 2015. The commission offered a public hearing on January 6, 2015, but it was not opened because no one signed up to 

provide oral testimony. The commission received written comments from the North Central Texas Council of Governments 

(NCTCOG) and the Transportation and Natural Resources Department ofTravis County (Travis County). In general, both commenters supported this rulemaking; however, NCTCOG recommended changes related to the distribution of funds and recordkeeping and auditing requirements. 

Response to Comments 

Comment 

Travis County supported the proposed rulemaking and added 

that it will benefit participating counties to have a formal procedure for opting out of the LIRAP that includes removing the LIRAP fee. 

Response 

The commission appreciates Travis County's support of this rulemaking and agrees that having a formal procedure to opt out of 

the LIRAP will benefit the counties that participate in the program. 

Comment 

NCTCOG agreed that counties opting out of the LIRAP should 

have options and commented that those provided in this rulemaking provide flexibility when it comes to spending allocated 

funds. 

Response 
The commission appreciates NCTCOG's comment and agrees 

that a county opting out of the program should have options with 

regard to the use of allocated LIRAP funds. The commission's 

staff will work closely with each opt-out county to help the county 

spend allocated LIRAP funds by the chosen LIRAP opt-out effective date. 

Comment 

NCTCOG commented that due to an agreement among the participating DFW counties to share LIRAP funds, which is facilitated by NCTCOG, it would be complicated to require an opt-out 

county to return unspent allocations to the TCEQ upon a county's 

LIRAP opt-out effective date. NCTCOG recommended that the 

TCEQ amend its proposal to allow the redistribution of an opt-out 

county's unspent allocations to other participating counties within 

the region. 

Response 

The commission has amended proposed §114.64(g)(3) to specify that unspent allocations will be returned to the commission not 

more than 90 days after a county's LIRAP opt-out effective date 

unless there is an official inter-county elective agreement that 

the opt-out county shares allocated LIRAP funds with other participating counties in the same region. If there is an inter-county 

elective agreement, then not more than 90 days after a county's 

LIRAP opt-out effective date, the portion of LIRAP allocations 

that is shared and unspent as of the LIRAP opt-out effective date 

will be redistributed among the remaining participating counties 

that are part of the agreement. 

Comment 

NCTCOG recommended that the TCEQ develop a process to 

allow opt-out counties to spend all collected funds, appropriated 

and otherwise. NCTCOG commented that LIRAP fees are currently being collected in participating counties at a higher rate 

than what is appropriated by the legislature and that there is 

a large surplus of unappropriated funds. NCTCOG added that 

opt-out counties should be able to exhaust all collected funds, 

even after the LIRAP opt-out effective date. 

Response 

The commission has not made the suggested change to the rule. 

The LIRAP is a voluntary program, and a participating county 

may choose to opt out at its discretion. The opt-out process established in this rulemaking offers an opt-out county the choice 

of extending participation in the program beyond the date upon 

which the LIRAP fee is no longer collected, the LIRAP fee termination date. This allows the county to spend LIRAP grant funds 

that have been appropriated by the legislature and allocated by 

the commission. The commission only has the authority to allocate funds appropriated by the legislature to participating counties or an area specified by the legislature. Any future appropriations are unknown and are dependent upon the legislature, 

which appropriates funding for the LIRAP to the commission during each biennial session from Clean Air Account 151. Clean 

Air Account 151 is used to safeguard the air resources of the 

state, and LIRAP fees from vehicle owners in each participating 

county are deposited into the account as part of a county's participation in the program. LIRAP appropriations from Clean Air 

Account 151 are not identified by revenue source and county, 

and as such, it would not be possible to identify future LIRAP 

appropriations as corresponding to a county that has opted out 

of the program without additional statutory or appropriations direction. 

Comment 

NCTCOG recommended that the TCEQ alert all counties of any 

modifications to the LIRAP resulting from legislative action. 

Response 

The LIRAP has been modified by legislative action four times 

since the 77th Texas Legislature enacted HB 2134 in 2001. The 

commission has and will continue to notify counties of changes 

to the LIRAP that result from legislative action. 

Comment 

NCTCOG supported the amendment to §114.70(c) and (d) 

that will maintain program-related recordkeeping and auditing 

requirements related to an opt-out county after that county's 

opt-out effective date. NCTCOG recommended that the TCEQ 

add automobile dealerships to the list of entities that must 

comply with these requirements. 

Response 

The commission appreciates NCTCOG's support of the amendment to §114.70(c) and (d). However, the commission has not 

made the suggested change. The commission did not propose 

to revise §114.70 to require automobile dealerships to comply 

with program-related recordkeeping and auditing requirements. 

Adding automobile dealerships would impose new requirements 

that were not made available for public review and comment. 

Furthermore, the commission does not consider it necessary at 

this time to make automobile dealerships subject to LIRAP-related recordkeeping and auditing requirements. One of the LIRAP's main objectives is to repair or remove older, polluting vehicles from roadways in counties where vehicle emissions inspections are conducted. Participating automobile dealerships facilitate the purchase of replacement vehicles by eligible applicants 

in exchange for those applicants' retired vehicles. Under the program, replacement vehicles are partially paid for with vouchers 

representing DACM grant funds. Dealerships transfer retired vehicles to participating dismantlers and return the vouchers and 

retired vehicle information to the program administrator for reimbursement. Participating dismantlers and program administrators are subject to § 114.70 requirements. Dismantlers provide 

proof that retired vehicles have been destroyed, and program 

administrators maintain records for the entire DACM process. 

Comment 

NCTCOG agreed that the opt-out time frame was reasonable 

based on the various processes that must be undertaken by the 

TCEQ, DMV, and DPS. 

Response 

The commission appreciates NCTCOG's assessment that the 

LIRAP fee termination process, including the time frame, is reasonable. 

Comment 

NCTCOG was disappointed that the TCEQ did not hold a public 

hearing in the DFW region since the rulemaking was initiated by 

Collin County's request to opt out of LIRAP. 

Response 

While the commission appreciates that Collin County made the 

original request for opt-out that prompted this rulemaking, the 

commission must also balance both resource availability and 

the necessity for holding public hearings in various areas of the 

ADOPTED RULES May 15, 2015 40 TexReg 2675 
state. For rules that apply statewide, the commission has regularly held public hearings in Austin or in Austin and other parts 

of the state. 

SUBCHAPTER A. DEFINITIONS 

30 TAC §114.2, §114.7 

Statutory Authority 

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

§5.1 02, concerning General Powers, that provides the commission with the general powers to carry out its duties under 

the TWC; TWC, §5.1 03, concerning Rules, that authorizes the 

commission to adopt rules necessary to carry out its powers 

and duties under the TWC; TWC, §5.1 05, concerning General 

Policy, that authorizes the commission by rule to establish 

and approve all general policy of the commission; and under 

Texas Health and Safety Code (THSC), §382.017, concerning 

Rules, that authorizes the commission to adopt rules consistent 

with the policy and purposes of the Texas Clean Air Act. The 

amendments are also adopted under THSC, §382.002, concerning Policy and Purpose, that establishes the commission's 

purpose to safeguard the state's air resources, consistent with 

the protection of public health, general welfare, and physical 

property; THSC, §382.011, concerning General Powers and 

Duties, that authorizes the commission to control the quality of 

the state's air; and THSC, §382.012, concerning the State Air 

Control Plan, that authorizes the commission to prepare and 

develop a general, comprehensive plan for the proper control of 

the state's air. Additionally, the amendments are adopted under 

THSC, §382.209, concerning the Low Income Vehicle Repair 

Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and the Public 

Safety Commission to adopt rules implementing the LIRAP; and 

THSC, §382.210, concerning Implementation Guidelines and 

Requirements for the LIRAP, that authorizes the commission to 

adopt rules creating guidelines to assist participating counties 

in implementing the LIRAP. 

The adopted amendments implement THSC, §§382.002, 

382.011, 382.012, 382.017, 382.209, and 382.210. 

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. · 

Filed with the Office of the Secretary of State on May 1, 2015. 

TRD-201501527 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Effective date: May 21, 2015 

Proposal publication date: December 5, 2014 

For further information, please call: (512) 239-6812 

t t t 

SUBCHAPTER C. VEHICLE INSPECTION 

AND MAINTENANCE; LOW INCOME 

VEHICLE REPAIR ASSISTANCE, RETROFIT, 

AND ACCELERATED VEHICLE RETIREMENT 

PROGRAM; AND EARLY ACTION COMPACT 

COUNTIES 

40 TexReg 2676 May 15, 2015 Texas Register 

DIVISION 1. VEHICLE INSPECTION AND 

MAINTENANCE 

30 TAC §114.53 

Statutory Authority 

The amendment is adopted under Texas Water Code (TWC), 

§5.1 02, concerning General Powers, that provides the commission with the general powers to carry out its duties under the 

TWC; TWC, §5.1 03, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and 

duties under the TWC; TWC, §5.1 05, concerning General Policy, that authorizes the commission by rule to establish and approve all general policy of the commission; and under Texas 

Health and Safety Code (THSC), §382.017, concerning Rules, 

that authorizes the commission to adopt rules consistent with 

the policy and purposes of the Texas Clean Air Act. The amendment is also adopted under THSC, §382.002, concerning Policy 

and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection 

of public health, general welfare, and physical property; THSC, 

§382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and 

THSC, §382.012, concerning the State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of the state's air. Additionally, the amendment is adopted under THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and the Public Safety Commission to adopt 

rules implementing the LIRAP; and THSC, §382.210, concerning Implementation Guidelines and Requirements for the Ll RAP, 

that authorizes the commission to adopt rules creating guidelines 

to assist participating counties in implementing the LIRAP. 

The adopted amendment implements THSC, §§382.002, 

382.011, 382.012, 382.017, 382.209, and 382.210. 

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. 

Filed with the Office of the Secretary of State on May 1, 2015. 

TRD-201501528 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Effective date: May 21, 2015 

Proposal publication date: December 5, 2014 

For further information, please call: (512) 239-6812 

DIVISION 2. LOW INCOME VEHICLE REPAIR 

ASSISTANCE, RETROFIT, AND ACCELERATED 

VEHICLE RETIREMENT PROGRAM 

30 TAC §§114.60, 114.62, 114.64, 114.70 

Statutory Authority 

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

§5.1 02, concerning General Powers, that provides the commission with the general powers to carry out its duties under the 

TWC; TWC, §5.1 03, concerning Rules, that authorizes the com-
mission to adopt rules necessary to carry out its powers and 

duties under the TWC; TWC, §5.1 05, concerning General Policy, that authorizes the commission by rule to establish and approve all general policy of the commission; and under Texas 

Health and Safety Code (THSC), §382.017, concerning Rules, 

that authorizes the commission to adopt rules consistent with 

the policy and purposes of the Texas Clean Air Act (TCAA). 

The amendments are also adopted under THSC, §382.002, concerning Policy and Purpose, that establishes the commission's 

purpose to safeguard the state's air resources, consistent with 

the protection of public health, general welfare, and physical 

property; THSC, §382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the 

state's air; and THSC, §382.012, concerning the State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of 

the state's air. Additionally, the amendments are adopted under 

THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program 

(LIRAP), that authorizes the commission and the Public Safety 

Commission to adopt rules implementing the LIRAP; and THSC, 

§382.210, concerning Implementation Guidelines and Requirements for the LIRAP, that authorizes the commission to adopt 

rules creating guidelines to assist participating counties in implementing the LIRAP. 

The adopted amendments implement THSC, §§382.002, 

382.011, 382.012, 382.017, 382.209, and 382.210. 

§ 11-4.64. LIRAP Requirements. 

(a) Implementation. Pmiicipation in the Low Income Vehicle 

Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) is voluntary. An aflected county may choose to participate in the program at its discretion. Upon receiving a written request 

to pmiicipate in the LIRAP by a county commissioners court, the executive director shall authorize the implementation of a LIRAP in the 

requesting county. The executive director and county shall enter into a 

grant contract for the implementation of the LIRAP. 

(I) The grant contract must provide conditions, requirements, and projected funding allowances for the implementation of the 

LIRAP. 

(2) A participating county may contract with an entity approved by the executive director for services necessary to implement 

the LIRAP. A pmiicipating county or its designated entity shall demonstrate to the executive director that, at a minimum, the county or its 

designated entity has provided for appropriate measures for determining applicant eligibility and repair effectiveness and ensuring against 

fraud. 

(3) The participating county shall remain the contracted entity even if the county contracts with another county or another entity 

approved by the executive director to administer the L!RAP. 

(b) Repair and retrofit assistance. A LIRAP must provide for 

monetary or other compensatory assistance to eligible vehicle owners 

for repairs directly related to bringing certain vehicles that have failed a 

required emissions test into compliance with emissions requirements or 

for installing retrofit equipment on vehicles that have failed a required 

emissions test, if practically and economically feasible, in lieu of or 

in combination with repairs performed to bring a vehicle into compliance with emissions requirements. Vehicles under the LIRAP must be 

repaired or retrofitted at a recognized emissions repair facility. To determine eligibility, the participating county or its designated entity shall 

make applications available for LIRAP participants. The application, 

at a minimum, must require the vehicle owner to demonstrate that: 

(I) the vehicle has failed a vehicle emissions test within 30 

clays of application submittal; 

(2) the v-ehicle can be driven under its own power to the 

emissions inspection station or vehicle retirement facility; 

(3) the vehicle is currently registered in and has been registered in the participating program county for at least 12 of the 15 

months immediately preceding the application for assistance; 

( 4) the vehicle has passed the safety portion of the Texas 

Department of Public Safety (DPS) motor vehicle safety and emissions 

inspection as recorded in the Vehicle Inspection RepOii (VIR), or provide assurance that actions will be taken to bring the vehicle into compliance \Vith safety requirements; 

(5) the vehicle owner's net family income is at or below 

300% of the federal poverty level; and 

(6) any other requirements of the participating county or 

the executive director are met. 

(c) Accelerated Yehicle retirement. A LlR.i'I.P must provide 

monetary or other compensatory assistance to eligible vehicle owners 

to be used toward the purchase of a replacement vehicle. 

(I) To determine eligibility, the participating county or its 

designated entit} shall make applications available for LIRAP participants. The application, at a minimum, must require the vehicle owner 

to demonstrate that: 

(A) the vehicle meets the requirements under subsection (b)(!)- (3) and (5) of this section; 

(B) the vehicle has passed a DPS motor vehicle safety 

or safety and emissions inspection within 15 months prior to application submittal: and 

(C) any other requirements of the pmiicipating county 

or the executive director are met. 

(2) Eligible vehicle owners of pre-1996 model year 

vehicles that pass the required U nitecl States Environmental Protection Agency (EPA) Stmi-Up Acceleration Simulation Mode (ASM) 

standards emissions test. but would have failed the EPA Final ASM 

standards emissions test, or some other criteria determined by the 

commission, may be eligible for accelerated vehicle retirement and 

replacement compensation under this section. 

(3) Notwithstanding the vehicle requirement provided under subsection (b)( I) of this section, an eligible vehicle owner of avehicle that is gasoline powered and is at least I 0 years old as determined 

from the current calendar year (i.e., 2010 minus 10 years equals 2000) 

and meets the requirements under subsection (b)(2), (3). and (5) of this 

section, may be eligible for accelerated vehicle retirement and compensation. 

( 4) Replacement vehicles must: 

(A) be in a class or category of vehicles that has been 

certified to meet federal Tier 2, Bin 5 or cleaner Bin certification under 

40 Code ofFecleral Regulations §86.1811-04, as published in the February I 0, 2000, issue of the Federal Register (65 FR 6698); 

(B) have a gross vehicle weight rating of less than 

10,000 pounds; 

(C) have an odometer reading of not more than 70,000 

miles; 

(D) be a vehicle, the total cost of which does not exceed 

$35,000 and up to $45,000 for hybrid, electric, or natural gas vehicles, 

or vehicles certified as Tier 2 Bin 3 or cleaner Bin certification under 40 

ADOPTED RULES May 15, 2015 40 TexReg 2677 
Code ofFederal Regulations §86.1811-04, as published in the February 

10, 2000, issue of the Federal Register (65 FR 6698); and 

(E) have passed a DPS motor vehicle safety inspection 

or safety and emissions inspection within the IS-month period before 

the application is submitted. 

(d) Compensation. The participating county shall determine 

eligibility and approve or deny the application promptly. If the requirements of subsection (b) or (c) of this section are met and based on 

available funding, the county shall authorize monetary or other compensations to the eligible vehicle owner. 

(I) Compensations must be: 

(A) no more than $600 and no less than $30 per whicle 

to be used for emission-related repairs or retrofits performed at recognized emissions repair facilities, including diagnostics tests performed 

on the vehicle; or 

(B) based on \ehicle type and model year of a replacement vehicle tor the accelerated retirement of a vehicle meeting therequirements under this subsection. Only one retirement compensation 

can be used toward one replacement vehicle annually per applicant. 

The maximum amount toward a replacement vehicle must not exceed: 

(i) $3,000 for a replacement car of the cmTent model 

year or previous three model years, except as provided by clause (iii) 

of this subparagraph; 

(ii) $3,000 for a replacement truck of the current 

model year or the previous two model years, except as proYided by 

clause (iii) of this subparagraph; 

(iii) $3,500 for a replacement hybrid, electric, natural gas, and federal Tier 2 Bin 3 or cleaner Bin certification under 40 

Code of Federal Regulations §86.1811-04. as published in the February 10,2000, issue of the Federal Register (65 FR 6698) vehicle of the 

current model year or the three previous model years. 

(2) Vehicle ovmers shall be responsible tor paying the first 

$30 of emission-related repairs or retrofit costs that may include diagnostics tests performed on the vehicle. 

(3) For accelerated vehicle retirement, provided that the 

compensation levels in paragraph (I )(B) ofthis subsection are met and 

minimum eligibility requirements under subsection (c) of this section 

are met, a participating county may set a specific level of compensation 

or implement a level of compensation schedule that allows flexibility. 

The following criteria may be used tor determining the amount of financial assistance: 

(A) model year of the Yehicle; 

(B) miles registered on the vehicle's odometer; 

(C) fair market value of the vehicle: 

(D) estimated cost of emission-related repairs necessary to bring the vehicle into compliance with emission standards; 

(E) amount of money the vehicle owner has already 

spent to bring the vehicle into compliance, excluding the cost of the 

vehicle emissions inspection; and 

(F) vehicle ov.ner's income. 

(e) Reimbursement tor repairs and retrofits. A participating 

county shall reimburse the appropriate recognized emissions repair facility for approved repairs and retrofits within 30 calendar days of receiving an invoice that meets the requirements of the county or designated entity. Repaired or retrofitted vehicles must pass a DPS safety 

40 TexReg 2678 May 15, 2015 Texas Register 

and emissions inspection before the recognized emissions repair facility is reimbursed. In the event that the vehicle does not pass the 

emissions retest after diagnosed repairs are perfonned. the participating county has the discretion, on a case-by-case basis, to make payment 

for diagnosed emissions repair work performed. 

(t) Reimbursements tor replacements. A participating county 

shall ensure that funds are transfened to a participating automobile 

dealership no later than I 0 business days after the county receives proof 

of the sale, proof of transfer to a dismantler, and any administrative documents that meet the requirements of the county or designated entity. 

A list of all administrative documents must be included in the agreements that are entered into by the county or designated entity and the 

pmiicipating automobile dealerships. 

(I) A participating county shall provide an electronic 

means for distributing replacement funds to a participating automobile 

dealership once all program criteria have been met. The replacement 

funds may be used as a down payment to\Yard the purchase of a 

replacement vehicle. Participating automobile dealers shall be located 

in the State of Texas. Participation in the LIRAP by an automobile 

dealer is Yoluntary. 

(2) Participating counties shall develop a document for 

confirming a person's eligibility tor purchasing a replacement vehicle 

and for tracking such purchase. 

(A) The document must include at a minimum, the flill 

name of applicant, the vehicle identification number of the retired vehicle, expiration date of the document, the program administrator's contact information, and the amount of money available to the participating 

vehicle owner. 

(B) The document must be presented to a participating 

dealer by the person seeking to purchase a replacement vehicle before 

entering into negotiations for a replacement vehicle. 

(C) A participating dealer \\ ho relies on the document 

issued by the participating county has no duty to confirm the eligibility 

of the person purchasing a replacement vehicle in the manner provided 

by this section. 

(g) Opting out of the LIRAP. Participation in the LIRAP is voluntary. A participating county may opt out of the program. Procedures 

to release a pmiicipating county from the LIRAP shall be initiated upon 

the receipt of a written request to the executive director by the county 

commissioners cou1i in a participating county. 

(I) A written request to opt out of the LIRAP shall request 

release from the LIRAP fee as defined in §114.7 of this title (relating 

to Low Income Vehicle Repair Assistance, Retrofit, and Accelerated 

Vehicle Retirement Program Definitions) and the grant contract established in subsection (a) of this section. The written request shall include 

one of the following possible LIRAP opt-out effective dates as defined 

in §114.7 of this title: 

(A) the LIR.AP fee termination etlective date as defined 

in § 114.7 of this title; or 

(B) the last day ofthe legislatiw biennium in \vhich the 

LIRAP fee termination effective date as defined in§ 114.7 of this title 

occurred. 

(2) Upon receipt of a written request to be released from 

pmiicipation in the LIRAP, the executive director shall notify, in writing, with a copy sent to the requesting county, the Texas Depmiment 

of Motor Vehicles (DMV), DPS, and the Legislative Budget Board of 

Texas that the LIRAP fee should no longer be collected for vehicles 

undergoing inspection and registration in the affected county. 
(3) A county opting out of the LIRAP remains a participating county until the LIRAP opt-out effective date as defined in §114.7 

of this title, on which date the county is no longer subject to the LIRAP 

fee, and the grant contract established in subsection (a) of this section is 

ended. Not more than 90 days after a county's LIRAP opt-out effective 

date, the unspent balance of allocated LIRAP funds for that county will 

be returned to the commission unless the county opting out has entered 

into an official inter-county elective agreement with other participating counties in the same region to share allocated LIRAP fhnds. If 

the county opting out has entered into an official inter-county elective 

agreement with other participating counties in the same region to share 

allocated LIRAP funds, then the portion of LIRAP allocations that is 

shared and unspent as of the LIRAP opt-out efiective date will be redistributed among the remaining participating counties that are part of 

that agreement. This redistribution of funds will occur not more than 

90 days after a county's LIRAP opt-out effective date. 

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. 

Filed with the Office of the Secretary of State on May 1, 2015. 

TRD-201501529 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Effective date: May 21, 2015 

Proposal publication date: December 5, 2014 

For further information, please call: (512) 239-6812 

DIVISION 3. 

COUNTIES 

30 TAC §114.87 

Statutory Authority 

• • • 

EARLY ACTION COMPACT 

The amendment is adopted under Texas Water Code (TWC), 

§5.1 02, concerning General Powers, that provides the commission with the general powers to carry out its duties under the 

TWC; TWC, §5.1 03, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and 

duties under the TWC; TWC, §5.1 05, concerning General Policy, that authorizes the commission by rule to establish and approve all general policy of the commission; and under Texas 

Health and Safety Code (THSC), §382.017, concerning Rules, 

that authorizes the commission to adopt rules consistent with 

the policy and purposes of the Texas Clean Air Act. The amendment is also adopted under THSC, §382.002, concerning Policy 

and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection 

of public health, general welfare, and physical property; THSC, 

§382. 011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and 

THSC, §382.012, concerning the State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of the state's air. Additionally, the amendment is adopted under THSC, §382.209, concerning the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Program (LIRAP), that authorizes the commission and the Public Safety Commission to adopt 

rules implementing the LIRAP; and THSC, §382.21 0, concerning Implementation Guidelines and Requirements for the LIRAP, 

that authorizes the commission to adopt rules creating guidelines 

to assist participating counties in implementing the LIRAP. 

The adopted amendment implements THSC, §§382.002, 

382.011, 382.012, 382.017, 382.209, and 382.210. 

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. 

Filed with the Office of the Secretary of State on May 1, 2015. 

TRD-201501530 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Effective date: May 21, 2015 

Proposal publication date: December 5, 2014 

For further information, please call: (512) 239-6812 

• + 

TITLE 40. 

TANCE 

+ 

SOCIAL RVICES AND ASSISPART 2. DEPART NT OF ASSISTIVE 

AND REHABILITAT VE SERVICES 

CHAPTER 109. FOR DEAF AND 

HARD OF HEARING S RVICES 

SUBCHAPTER C. IALIZED 

TELECOMMUNICATIO S ASSISTANCE 

PROGRAM 

40 TAC §§109.501, 109.503, 09.505, 109.507, 109.509, 

109.511, 109.513, 109.515, 10 .517, 109.521, 109.523, 

109.525, 109.527, 109.529, 10 .531, 109.533 

The Texas Health and Human Services Commission (HHSC), 

on behalf of the Texas Depart ent of Assistive and Rehabilitative Services (OARS), adopts mendments to Subchapter C, 

Specialized Telecommunicatio s Assistance Program "STAP", 

§109.501, concerning Purpos ; §1 09.503, concerning Legal 

Authority; §1 09.505, concern in Definitions; §1 09.507, concerning Determination of Basic S ecialized Telecommunications 

Equipment or Service; §109.5 9, concerning Preliminary and 

Comprehensive Assessment; 109.511, concerning Voucher 

Recipient Eligibility; §109.513, oncerning Persons Authorized 

to Certify Disability; §1 09.51 , concerning Vouchers; and 

§1 09.517, concerning Determin tion of Voucher Category Value 

and Eligibility Criteria for aVo cher; and new rules §109.521, 

concerning Determination of A proved Equipment or Services; 

§109.523, concerning Reimbu ement Amounts for Approved 

Equipment or Services; §109. 25, concerning STAP Vendor 

Eligibility Requirements; §109. 27. concerning STAP Vendor 

Duties and Responsibilities; 109.529, concerning Voucher 

Reimbursement; § 109.531, co cerning Suspension or Loss of 

STAP Vendor Eligibility; and § 09.533, concerning Reinstatement of STAP Vendors. Sect ons 109.513 and 109.529 are 

adopted with changes to the p posed text as published in the 

November 21, 2014, issue of he Texas Register (39 TexReg 

9183) and will be republished Sections 109.501, 109.503, 

109.505, 109.507, 109.509, 109.511, 109.515, 109.517, 

109.521, 109.523, 109.525, 10 .527, 109.531, and 109.533 are 

ADOPTED RULES May 15,2015 40 TexReg 2679