Texas Register, Volume 32, Number 34, Pages 5225-5522, August 24, 2007 Page: 5,315
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The Secondary Copper Smelting Area Sources Maximum Achievable
Control Technology standard as specified in 40 Code of Federal
Regulations Part 63, Subpart FFFFFF, is incorporated by reference as
adopted January 23, 2007 (72 FR 2930).
113.1420. Primary Nonferrous Metals Area Sources - Zinc, Cad-
mium, and Beryllium (40 Code of Federal Regulations Part 63, Sub-
part GGGGGG).
The Primary Nonferrous Metals Area Sources - Zinc, Cadmium,
and Beryllium Maximum Achievable Control Technology standard
as specified in 40 Code of Federal Regulations Part 63, Subpart
GGGGGG, is incorporated by reference as adopted January 23, 2007
(72 FR 2930).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 10, 2007.
TRD-200703511
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: September 23, 2007
For further information, please call: (512) 239-0177
CHAPTER 114. CONTROL OF AIR
POLLUTION FROM MOTOR VEHICLES
The Texas Commission on Environmental Quality (TCEQ or
commission) proposes amendments to 114.7, 114.62, 114.64,
114.66, and 114.70.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS
FOR THE PROPOSED RULES
The commission proposes these revisions in order to implement
requirements of Senate Bill (SB) 12, authored by the Honor-
able Senator Averitt, passed during the 80th Legislature, 2007.
During the 77th Legislature, 2001, the legislature adopted pro-
visions, House Bill (HB) 2134, to assist low income individuals
with repairs, retrofits, or retirement of vehicles that fail emissions
inspections. As required by HB 2134, the commission adopted
rules providing the minimum guidelines for counties to implement
a low income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program (LIRAP).
On March 27, 2002, the commission adopted requirements
implementing HB 2134, 77th Legislature, 2001. Only those
counties that have implemented a vehicle inspection and
maintenance (I/M) program are eligible for participation in the
LIRAP. Under the program, monetary 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. Vehicle eligibility criteria,
such as the vehicle having been registered for the past two
years in the participating county, were developed and adopted
by the commission. Emission-related repairs covered by the
program are required to be performed at a Texas Department
of Public Safety (DPS) recognized emissions repair facility.
Participating counties may administer the program themselves
or contract with a private entity or another county to administer
the program. The 2001 law stated that participating counties
could expend no more than five percent of the funds receivedfrom the state for administrative costs. These rules provided
for a minimum of $30 and a maximum amount of $600 for
emission-related repairs, retrofit equipment, and installation and
a minimum of $600 and a maximum amount of $1,000 toward
the purchase price of a replacement vehicle.
During the 79th Legislature, 2005, the legislature adopted HB
1611, revising three key elements of the program. The legisla-
tion allowed for the LIRAP to be administered by the counties in
accordance with Texas Government Code, Chapter 783 (relat-
ing to Uniform Grant and Contract Management), and allowed
for programmatic costs such as call-center management, appli-
cation oversight, invoice analysis, education, outreach, and ad-
vertising to be covered by LIRAP funds. The revision allowed for
program administrators to utilize additional resources to attract
and increase program participation. The legislation removed the
requirement that capped five percent of the funds provided to a
county to fund the LIRAP be used to cover administrative costs.
Finally, the legislation changed the vehicle registration eligibil-
ity requirement from two years to 12 months. The revision in-
creased participation by making assistance available to those
vehicle owners who have lived in the county for at least one year.
The commission adopted rule revisions implementing HB 1611
on April 12, 2006.
During the 80th Legislature, 2007, the legislature adopted SB 12,
revising elements of the I/M program and LIRAP requirements.
Revisions include enhanced capabilities for the retirement of old
vehicles and their replacement with new vehicles. Old vehicle re-
quirements include: gasoline-powered and older than 10 years;
owner financial eligibility requirements (up to 300 percent of fed-
eral poverty level); operated and registered in the implementing
county for 12 months preceding the application; and has passed
the DPS safety or safety and emissions inspection within 15
months of application. The legislation also provided for replace-
ment assistance for owners of vehicles passing the required I/M
program acceleration simulation mode (ASM) emissions test but
that would have failed the more stringent United States Envi-
ronmental Protection Agency (EPA) Final ASM standards (also
known as "final cut-points") emissions test. The revised maxi-
mum amounts for a new replacement vehicle are $3,000 for a
car, current model year and up to three model years old; $3,000
for a truck, current model year and up to two model years old;
$3,500 for a hybrid vehicle of current or previous model year.
The new vehicle must meet federal Tier 2, Bin 5 or cleaner emis-
sions standards; have a gross vehicle weight rating of less than
10,000 pounds; and have a total purchase cost that does not ex-
ceed $25,000.
SB 12 requires that dealers participating in the program and tak-
ing possession of the old vehicle submit proof that the vehicle
has been retired. The vehicle retirement facility is required to
destroy the emissions control equipment and engine and cer-
tify that those parts have been destroyed and not resold in the
marketplace. Mercury switches must also be removed in accor-
dance with any state and federal laws. The commission has in-
cluded language to highlight concerns regarding fraud to ensure
the vehicle retirement facilities have a clear understanding of the
potential enforcement consequences. The legislation provided
language that requires dealers and dismantlers participating in
the program to be located in the state.
Additional revisions include limiting funding for administration
and program costs of the local LI RAP to 10 percent of the money
provided for the local program and requiring participating LIRAP
counties to provide an electronic means for distributing funds forPROPOSED RULES August 24, 2007 32 TexReg 5315
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Texas. Secretary of State. Texas Register, Volume 32, Number 34, Pages 5225-5522, August 24, 2007, periodical, August 24, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97411/m1/91/?q=%2232TexReg5315%22: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.