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Texas SIP: 30 TAC 114.150-114.157. Low Emission Vehicle Fleet Requirements; SIP effective 04/09/2001

NOT IN SIP effective 2014-04-01 (TXd149)

Regulatory Text: 
SUBCHAPTER E : LOW EMISSION VEHICLE FLEET REQUIREMENTS
§§114.150-114.157, 

4 Chapter 114 - Control of Air Pollution from Motor Vehicles

4E Repeal of Subchapter E, Low Emission Vehicle Fleet Requirements, §§ 114.150 to 114.157.

Repeal adopted by TCEQ April 26, 2006, effective May 17, 2006 (4-65).
Approved by EPA January 31, 2014 (79 FR 5287), effective April 1, 2014 (TXd149),
Regulations.gov document EPA-R06-OAR-2006-0885-0004 [TX053.04].

Outline:
§114.150.  Requirements for Mass Transit Authorities.
§114.151.  Requirements for Local Governments and Private Entities.
§114.153.  Exceptions.
§114.154.  Exceptions for Certain Mass Transit Authorities.
§114.155.  Reporting.
§114.156.  Record Keeping.
§114.157.  Low Emission Vehicle Fleet Program Compliance Credits.


§114.150.  Requirements for Mass Transit Authorities.
As adopted by TNRCC July 29, 1998, effective August 20, 1998

(Approved by EPA February 7, 2001 (66 FR 09203), effective April 9, 2001)

     (a)  Mass transit authorities, as defined in §114.1 of this title (relating to Definitions), that operate in an affected area are subject to the low emission vehicle (LEV) provisions and requirements of this section.

     (b)  Mass transit authorities must ensure that at least 50% of their fleet vehicles are certified to meet or certified to exceed the LEV standards.

     (c)  The requirements of subsection (b) of this section may be met using Program Compliance Credits (PCCs) or Mobile Emission Reduction Credit (MERCs) under §§114.157, 114.201, or 114.202 of this title (relating to Low Emission Vehicle Fleet Program Compliance Credits; Mobile Emission Reduction Credit Program; and Texas Mobile Emission Reduction Credit Fund.

     (d)  The early acquisition of LEVs or acquisition of cleaner LEVs, such as ultra low emission vehicles, inherently low emission vehicles, or zero emission vehicles may qualify for both PCCs and MERCs.  However, only one type of credit may be used per generating vehicle.

     (e)  Vehicles converted, purchased, leased, or otherwise acquired before September 1, 1999, but not certified to the LEV standards, may be counted towards a mass transit authority's compliance with the percentage requirements of subsection (b) of this section, if the vehicles:

          (1)  are capable of operating on a fuel or power source recognized by any State of Texas fleet or mass transit fuel program prior to September 1, 1995. These fuels are as follows:

               (A)  electricity;

               (B)  ethanol, or ethanol/gasoline blends of 85% or greater ethanol;

               (C)  liquefied petroleum gas, commonly referred to as propane;

               (D)  methanol or methanol/gasoline blends of 85% or greater methanol; or

               (E)  natural gas; and
          (2)  meet at a minimum the following emission standards:

               (A)  for vehicles under 8,500 pounds gross vehicle weight rating (GVWR), the federal Tier I emission standards under Federal Clean Air Act, §202 as amended (42 U.S.C. Section 7521); or

               (B)  for vehicles over 8,500 pounds GVWR, the federal emission standards in place at the time of the chassis’ manufacture.

     (f)  Exceptions from the requirements of subsection (b) of this section may be granted under §114.153 of this title (relating to Exceptions).

     (g)  Affected transit authorities must submit annual fleet reports by September 1 of each year. The report shall be submitted to the executive director and must contain, at a minimum:

          (1)  the total number of vehicles registered according to Texas Transportation Code (TTC), §502.002, excluding vehicles registered under TTC, §502.006(c);

          (2)  the total number of LEVs;

          (3)  make, model, year, vehicle license numbers, vehicle identification numbers, GVWR, fuel type(s) and certified emission standards of each vehicle used for compliance;

          (4)  vehicles offered for lease to the public;

          (5)  an estimate of the annual vehicle miles traveled (VMT) for each vehicle used for compliance;

          (6)  if the vehicle is a dual-fuel vehicle, a percent estimate of the vehicle’s annual operation on each fuel, measured in VMT or time; and

          (7)  a demonstration of compliance with the requirements of subsection (b) of this section.

     (h)  Mass transit authorities must maintain records under §114.156 of this title (relating to Record Keeping).

     (i)  Mass transit authorities are eligible for MERCs under Subchapter F of this chapter (relating to Mobile Emission Reduction Credits) for the operation of light rail cars which have been demonstrated by the mass transit authority to have no direct emissions.

******** end tx 114.150 adopted by TNRCC July 29, 1998 ******eb49*****b3t**

§114.151.  Requirements for Local Governments and Private Entities.
As adopted by TNRCC July 29, 1998, effective August 20, 1998

(Approved by EPA February 7, 2001 (66 FR 09203), effective April 9, 2001)

     (a)  Local governments that operate a fleet of more than 15 vehicles, excluding law enforcement and emergency vehicles, and private entities that operate a fleet of more than 25 fleet vehicles, excluding law enforcement and emergency vehicles, are subject to the low emission vehicle (LEV) provisions and requirements of this chapter when operated primarily in an affected area.

     (b)  Beginning September 1, 1998, local governments and private entities, as specified by subsection (a) of this section, must ensure that their fleet vehicles, including leased fleet vehicles, are certified to meet or are certified to exceed the LEV standards in accordance with the following schedule:

          (1)  30% of fleet vehicles purchased after September 1, 1998; or at least 10% of the fleet vehicles in the total fleet as of September 1, 1998;

          (2)  50% of fleet vehicles purchased after September 1, 2000; and

          (3)  70% of light-duty fleet vehicles purchased after September 1, 2002; and at least 50% of the heavy-duty fleet vehicles purchased after September 1, 2002.

     (c)  A local government or private entity is not required to purchase any additional fleet vehicles certified to meet or certified to exceed the LEV standards if there are 70% or more LEVs maintained in the fleet.

     (d)  Program Compliance Credits (PCCs) or Mobile Emission Reduction Credits (MERCs) under §§114.157, 114.201, or 114.202 of this title (relating to Low Emission Vehicle Fleet Program Compliance Credits; Mobile Emission Reduction Credit Program; and Texas Mobile Emission Reduction Credit Fund) may be used to meet the percentage requirements of subsection (b) of this section.

     (e)  The acquisition of LEVs may qualify for both PCCs and MERCs; however, only one type of credit may be used per generating vehicle.

     (f)  The percentage requirements of subsection (b) of this section may be met by an EPA certified conversion of currently owned or newly purchased conventional vehicles to meet or exceed the LEV standards.  For purposes of this section, the conversion and EPA certification of conventional vehicles to the LEV standards shall be treated the same as the purchase of an original equipment manufacturer’s LEV. Nothing in this section shall be construed as to require the conversion and EPA certification of conventional vehicles to the LEV standards.

     (g)  Fleet vehicles converted, purchased, leased, or otherwise acquired before September 1, 1995 but not certified to the LEV standards may be counted towards a local government’s or a private entity’s compliance with the percentage requirements of subsection (b) of this section if the vehicles are capable of operating on a fuel or power source recognized by any State of Texas fleet fuel program prior to September 1, 1995.  These fuels are as follows:

          (1)  electricity;

          (2)  ethanol, or ethanol/gasoline blends of 85% or greater ethanol;

          (3)  liquefied petroleum gas, commonly referred to as propane;

          (4)  methanol or methanol/gasoline blends of 85% or greater methanol; or

          (5)  natural gas.

     (h)  Exceptions from the requirements of subsection (b) of this section may be granted under §114.153 of this title (relating to Exceptions).

     (i)  Within 90 days of meeting the minimum fleet size, where applicable, affected local governments and private entities specified under subsection (a) of this section must register with the executive director for identification and compliance tracking.  Registration must include the submission of the following information:

          (1)  the affected entity's name, mailing address, telephone and fax numbers;

          (2)  the name, title, mailing address and telephone number of the specific person responsible for the fleet;

          (3)  the total number of vehicles operated primarily in an affected area, including  exempted vehicles; and

          (4)  affected area counties of operation for all fleet vehicles.

     (j)  Upon registration, the executive director will assign each fleet a unique identification number for data tracking purposes.

     (k)  By September 1 of each even numbered year, affected local governments and private entity fleets must submit reports to the executive director, as required under §114.155 of this title (relating to Reporting).

     (l)  Affected local governments and private entity fleets must maintain records as required under §114.156 of this title (relating to Record Keeping).

     (m)  The requirements contained in §114.1 of this title (relating to Definitions); Subchapter E of this chapter (relating to Low Emission Vehicle Fleet Requirements); and §114.201 and §114.202 of this title do not apply to lessors of vehicles with regard to vehicles they lease or rent to other entities.

******** end tx 114.151 adopted by TNRCC July 29, 1998 ******eb49*****b3t**

§114.153.  Exceptions.
As adopted by TNRCC July 29, 1998, effective August 20, 1998

(Approved by EPA February 7, 2001 (66 FR 09203), effective April 9, 2001)

     (a)  Exceptions from the applicable low emission vehicle (LEV) requirements of this chapter may be granted for a period of up to two years.  Exceptions are based on the determination by the executive director that one of the following conditions exist:

          (1)  A firm engaged in fixed price contracts with public works agencies can demonstrate that compliance with the LEV requirements would result in substantial economic harm to the firm under a contract entered into before September 1, 1997.  The following documentation must be submitted to the executive director when applying for this exception:

               (A)  copies of the relevant contracts; and

               (B)  a demonstration of how and by what means the firm would be harmed by complying with the LEV requirements of this chapter.

          (2)  Fuels required for LEV operation that meet the normal requirements of the principal business of the affected entity are not available in the affected areas in which the vehicles are to be operated.  The affected area where the entity’s fleet operates must be indicated when applying for this exception.

          (3)  The affected entity is unable to secure financing provided by or arranged through the proposed supplier or suppliers of the fuels required for the operation of LEVs as required by the provisions of this chapter sufficient to cover the additional costs of such fueling.  The following information must be submitted to the executive director when applying for this exception:

               (A)  a description of the financing required by the affected entity;

               (B)  a description of the financing offered by the proposed supplier(s) of the fuels necessary for the operation of LEVs; and

               (C)  a demonstration of why the affected entity is unable to secure such financing as provided by the fuel supplier sufficient to cover the additional costs of fueling LEVs. 

          (4)  The projected net costs of the fueling for EPA certified conversion or replacement  and operation of LEVs are reasonably expected to exceed comparable costs of conventional vehicles measured over the expected useful life of such vehicles.  Included in such cost calculations are any available state or federal funding or incentives for the use of fuels required to operate LEVs.  The following information must be submitted to the executive director when applying for this exception:

               (A)  the types of vehicles needed; and

               (B)  a demonstration of how the projected net costs of fueling for LEVs exceeds the comparable costs of conventional vehicles over the useful life of such vehicles, after the identification of any available state or federal funding or incentives for the use of fuels required to fuel LEVs.

          (5)  Original equipment manufacturer’s vehicles, or converted vehicles, that meet the normal requirements and practices of the local government or private entity and have been certified by the EPA as LEVs are not available. The following information must be submitted to the executive director when applying for this exception:

               (A)  the types of vehicles needed and proof of nonavailability; and

               (B)  a justification of why the normal requirements and practices of the local government or private entity cannot be met by the use of currently available LEVs.

     (b)  Exception applications will be reviewed by the executive director in accordance with the following process and are subject to the following provisions:

          (1)  Exception applications will be reviewed on a case by case basis;

          (2)  All currently available LEVs must be evaluated by the affected entity before an exception application will be reviewed;

          (3)  The executive director may request additional information in order to evaluate an exception application;
          (4)  Applications will be accepted by the executive director at any point within the 12 months preceding a compliance deadline, provided a current fleet report containing the information in §114.155 of this title (relating to Reporting) is also provided;

          (5)  The affected entity receiving a notice of exception must maintain a copy of the notice on-site at the reported fleet address for the duration of the exception period and must make such copies available to the executive director upon request;

          (6)  Affected entities which have been granted an exception may not trade or sell Program Compliance Credits or Mobile Emission Reduction Credits (MERCs), or enter into a contract according to §114.202 of this title (relating Texas Mobile Emission Reduction Credit Fund), for the duration of the exception period; and

          (7)  Affected entities will not be considered in violation of the applicable LEV requirements of this chapter while an exception application is under review by the executive director, if the exception application has been submitted to the executive director within the 12 months preceding the applicable compliance date.

     (c)  Alternatives to applying for an exception to the applicable LEV requirements of this chapter are:

          (1)  to meet the requirements through the acquisition of equivalent MERC credits under Subchapter F of this chapter (relating to Mobile Emission Reduction Credits).  Equivalent MERCs are those credits necessary to meet a fleet’s LEV requirements according to §114.150 and §114.151 of this title (relating to Requirements for Mass Transit Authorities, and to Local Governments and Private Entities); or

          (2)  to meet the requirements through the acquisition of equivalent Program Compliance Credits (PCCs) under §114.157 of this title (relating to Low Emission Vehicle Fleet Program Compliance Credits).  Equivalent PCCs are those credits necessary to meet a fleet’s LEV requirements according to §114.150 and §114.151 of this title.

******** end tx 114.153 adopted by TNRCC July 29, 1998 ******eb49*****b3t**

§114.154.  Exceptions for Certain Mass Transit Authorities.
As adopted by TNRCC July 29, 1998, effective August 20, 1998

(Approved by EPA February 7, 2001 (66 FR 09203), effective April 9, 2001)

     (a)  This section applies only to a mass transit authority confirmed at a tax election before July 1, 1985, and in which the principal city has a population of less than 750,000, according to the most recent federal census.

     (b)  The executive director may reduce any percentage specified by, or waive the requirements of, Texas Transportation Code (TTC), §451.3015 for up to two years, for an authority on receipt of certification supported by evidence acceptable to the executive director that:

          (1)  the authority's vehicles will be operating primarily in an area in which neither the authority nor a supplier has or can reasonably be expected to establish a central refueling station necessary for the operation of low emission vehicles (LEVs); or

          (2)  the authority is unable to acquire or be provided equipment or refueling facilities necessary to operate LEVs at a projected cost that is reasonably expected to result in no greater net costs than the continued use of equipment or refueling facilities used to operate conventional vehicles, measured over the expected useful life of the equipment or facilities supplied.

     (c)  Certification by the executive director that an authority confirmed at a tax election before July 1, 1985, and in which the principal city has a population of less than 750,000, according to the most recent federal census, is unable to comply.  This is accomplished through development of a proposal to be submitted to the executive director.  The proposal must:

          (1)  contain an alternative implementation schedule for meeting the percentage requirements of TTC §451.3015; and

          (2)  have been the subject of a public meeting held to discuss the authority’s inability to comply with TTC §451.3015, and the alternative implementation schedule.

******** end tx 114.154 adopted by TNRCC July 29, 1998 ******eb49*****b3t**

§114.155.  Reporting.
As adopted by TNRCC July 29, 1998, effective August 20, 1998

(Approved by EPA February 7, 2001 (66 FR 09203), effective April 9, 2001)

     (a)  Entities affected by §114.151 of this title (relating to Requirements for Local Governments and Private Entities) must submit biennial fleet reports by September 1 of each even numbered year.  The report shall be submitted to the executive director and must contain, at a minimum:

          (1)  the fleet identification number (when assigned);

          (2)  the total number of vehicles registered according to the Texas Transportation Code (TTC), §502.002, excluding vehicles registered under TTC, §502.006(c);

          (3)  the total number of vehicles registered according to the TTC, §502.002 used for compliance;

          (4)  the affected areas in which the affected fleet vehicles operate primarily;

          (5)  the total number of purchases for the applicable period, starting with the biennial report in the year 2000;

          (6)  the following information for each vehicle being used for compliance with the requirements of §114.151 of this title:

               (A)  purchase date, make, model, model year, vehicle license numbers, vehicle identification numbers, gross vehicle weight rating, fuel type(s), certified emissions standards, and an estimate of the annual vehicle miles traveled (VMT) measured from January 1 through December 31 of each year, and averaged over the two consecutive years; and

               (B)  if the vehicle used for compliance is a dual-fuel vehicle, an estimate of the percentages of the vehicle's annual operation on each fuel measured from January 1 through December 31 of each year, measured in VMT or time operated on each fuel.  Two consecutive years averaged will be used for the biennial fleet report; and

          (7)  a demonstration of compliance with the applicable implementation schedule under §114.151 of this title.

     (b)  Affected entities may submit the information required in subsection (a) of this section for all vehicles in their fleet if the vehicles being used for compliance are so indicated.

******** end tx 114.155 adopted by TNRCC July 29, 1998 ******eb49*****b3t**

§114.156.  Record Keeping.
As adopted by TNRCC July 29, 1998, effective August 20, 1998

(Approved by EPA February 7, 2001 (66 FR 09203), effective April 9, 2001)

     Affected entities must maintain copies of submitted reports required by §114.155 of this title (relating to Reporting) on-site at the reported fleet address for a minimum of three years and shall make such reports available to the executive director or local air pollution control agencies having jurisdiction in the area upon request.

******** end tx 114.156 adopted by TNRCC July 29, 1998 ******eb49*****b3t**

§114.157.  Low Emission Vehicle Fleet Program Compliance Credits.
As adopted by TNRCC July 29, 1998, effective August 20, 1998

(Approved by EPA February 7, 2001 (66 FR 09203), effective April 9, 2001)

     (a)  Program Compliance Credits (PCCs) may be awarded only to entities affected by §114.150 or §114.151 of this title (relating to Requirements for Mass Transit Authorities, and Requirements for Local Governments and Private Persons) for one or any combination of the following actions:

          (1)  The purchase, lease, or acquisition of a low emission vehicle (LEV) which is certified to a more stringent emission standard than the LEV standards.  These vehicles include:

               (A)  ultra low emission vehicle (ULEV) as certified by the EPA;

               (B)  inherently low emission vehicle (ILEV) EPA certified vehicles; or

               (C)  zero emission vehicle (ZEV) EPA certified vehicles.

          (2)  The purchase, lease, or acquisition of LEVs in greater numbers than otherwise required under §114.150 or §114.151 of this title;

          (3)  The purchase, lease, or acquisition of LEVs in a category not otherwise required under §114.150 or §114.151 of this title; or

          (4)  The purchase, lease, or acquisition of an LEV before the dates required under §114.150 or §114.151 of this title.

     (b)  PCCs will be awarded according to the estimated remaining useful life of the vehicle.

     (c)  PCCs may be used to demonstrate compliance with LEV provisions and requirements of this chapter, may be banked for later use, or they may be traded, sold, or purchased, for use by any other entity in the same nonattainment area, to demonstrate compliance with the LEV provisions and requirements of this chapter.

     (d)  PCCs generated under subsection (a) of this section have the following values:

          (1)  LEV - one credit;

          (2)  ULEV - two credits; and

          (3)  ILEV and ZEV - three credits.

     (e)  Entities affected by §114.150 or §114.151 of this title proposing to generate PCCs under this chapter may apply at any time to the executive director.  A current fleet report containing the information in §114.150 of this title or §114.155 of this title (relating to Reporting) must accompany the application.  Affected entities may also indicate their desire to obtain PCCs concurrent with fleet registration or annual reporting.  The submission of additional vehicle or fleet information may also be required.

     (f)  PCCs will be banked with the Mobile Source Section of the commission.

     (g)  Upon verification by the executive director:

          (1)  each fleet will be issued a certificate, where applicable; and

          (2)  a total credit summary sheet will be issued to the fleet.

******** end tx 114.157 adopted by TNRCC July 29, 1998 ******eb49*****b3t**
******************* end tx reg 4 subchapter e **********eb49*****b3t**