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

Regulatory Text: 
Texas Commission on Environmental Quality

4 Chapter 114 - Control of Air Pollution from Motor Vehicles

4A Subchapter A : Definitions

4A§3 Repeal of §114.3. Low Emission Vehicle Fleet Definitions.

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].


Texas Chapter 114 - Control of Air Pollution from Motor Vehicles

SUBCHAPTER A: DEFINITIONS

§114.3.  Low Emission Vehicle Fleet Definitions.
As adopted by TNRCC July 29, 1998, effective August 20, 1998. (4-35)
Approved by EPA February 7, 2001 (66 FR 09203), effective April 9, 2001. (TXd15)

     Unless specifically defined in the TCAA or in the rules of the commission, the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control.  In addition to the terms which are defined by the TCAA, the following words and terms, when used in Subchapter E of this chapter (relating to Low Emission Vehicle Fleet Requirements), shall have the following meanings, unless the context clearly indicates otherwise:

          (1)  Affected area - Any consolidated metropolitan statistical area or metropolitan statistical area with a population of 350,000 or more that, under national ambient air quality standards provided by Federal Clean Air Act §181, as amended (42 United States Code Section 7511 and Table 1), is a serious, severe, or extreme nonattainment area.

          (2)  Affected entity - Any individual, partnership, firm, company, business trust, corporation, organization, or association which operates a fleet within an affected area.

          (3)  Capable of operating - Having the necessary permanently installed equipment that enables a vehicle to use a specified fuel.

          (4)  Certified - A vehicle that has been issued a certificate of conformity by the EPA to ensure compliance, throughout the entire useful life of a vehicle, with the required emission standards as defined in Title 40, Code of Federal Regulations, Parts 86 and 88.

          (5)  Conventional vehicle - A vehicle which meets all applicable federal emission standards in place at the time of manufacture, but is not certified as a low emission vehicle.

          (6)  Fleet - The aggregate of the vehicles under the authority of a mass transit authority, local government, or private entity and operated primarily within an affected area.

          (7)  Fleet vehicle -  A vehicle registered or required to be registered under Texas Transportation Code (TTC), Chapter 502, except a motor bus used to transport pre-primary, primary, or secondary students to or from school or for approved extracurricular activities, or a vehicle registered under TTC, §502.006(c).  The term does not include:

               (A)  a vehicle that, when not in use, is normally parked at the residence of the individual who normally operates it;

               (B)  a vehicle that has a gross vehicle weight rating (GVWR) of greater than 26,000 pounds;

               (C)  a vehicle used in the maintenance or repair of underground mass transit facilities which is required by federal law or regulation to operate on diesel fuel; or

               (D)  a law enforcement or emergency vehicle, as defined by the Texas Transportation Code (TTC) §541.201.

          (8)  Lessor - A private entity who leases or rents vehicles to other entities for the purpose of short-term rental or an extended term leasing with or without a maintenance agreement, without a driver, and under a contract.  Fleets or vehicles operated by lessors for operations other than lease or rental to other entities may be subject to the requirements of this chapter.

          (9)  Local government - A city, county, municipality, or political subdivision of a state.  This term does not include school districts.

          (10)  Non-road vehicle - A vehicle which is not required to be registered under the Texas Transportation Code, §502.002.

          (11)  Normally operates - A person is considered to normally operate a vehicle if they operate the vehicle more than 50% of the time.

          (12)  Normally parked at the residence of the individual - A vehicle that is parked more than 75% of the time that it is parked after business hours at the residence of the individual who normally operates it.

          (13)  Operates primarily - Use of a fleet in any one affected nonattainment area more than 50% of the total annual vehicle miles traveled or time as measured from January 1 through December 31 of each year.

          (14)  Private entity - Any individual, partnership, firm, company, business trust, corporation, organization, or association which owns, operates, or controls a fleet.

          (15)  Private fleet - All fleet vehicles operated by a private person.

          (16)  Program compliance credits - Credits that may be granted to a fleet operator for a vehicle which exceeds the low emission vehicle provisions and requirements of this chapter.

          (17)  Projected net costs - All expenses associated with the operation of fleet vehicles after deduction of any available state or federal funding or incentives for the use of low emission vehicles.

          (18)  Public works agency - A governmental body established by the legislative branch, including municipalities and counties acting by ordinance, charged with administrating the construction and maintenance of improvements constructed with public funds for public use, protection, or enjoyment, and those who oversee provision of public services.

          (19)  Purchase date - The date the buyer and seller are in a legally binding purchase or lease agreement. Payment or delivery of the vehicle is not required to have taken place.

          (20)  Vehicle - A self propelled device designed to operate with four or more wheels in contact with the ground, in or by which a person or property is or may be transported, and which is registered under the TTC, §502.002 excluding vehicles registered under TTC, §502.006(c).

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