EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 114. Control of Air Pollution From Motor Vehicles 30 TAC sec.114.7 The Texas Natural Resource Conservation Commission (TNRCC) adopts on an emergency basis new sec.114.7, concerning fees for the Inspection and Maintenance (I/M) program. These fees are applicable in the following ozone nonattainment areas: Houston/Galveston, Beaumont/Port Arthur, Dallas/Fort Worth, and El Paso. An identical proposal was published in the December 9, 1994, issue of the Texas Register (19 TexReg 9717). This emergency rulemaking action is authorized by the Government Code, sec.2001.034(a). The federal Clean Air Act Amendments of 1990 require the State of Texas to implement a program requiring emissions-related inspections of motor vehicles under 42 United States Code, sec.7511a. The Environmental Protection Agency's (EPA) rules promulgated under this section require, in 40 Code of Federal Regulations, sec.51.373, the implementation of such a program by January 1, 1995, or earlier. The Texas Clean Air Act (TCAA) authorizes the TNRCC to establish, implement, and administer a program requiring emission-related inspections of motor vehicles to be performed at inspection facilities under the Texas Health and Safety Code (THSC), sec.382.037 and s382.038. In order to meet the requirements of federal law, the Commission must implement the proposed sec.114.7, on or before January 1, 1995. Since December 21, 1994, is the only Commission meeting prior to that date, the Commission must adopt the proposed sec.114.7, which provides the fees necessary to operate the program, which would be less than 30 days from the January 1, 1995 deadline. Failure to collect the fees specified in this emergency rule would result in substantial economic hardship to the State of Texas due to contractual obligations and potential penalties that could be imposed by EPA. Therefore, emergency rulemaking is necessary to meet this financial requirement. The new rule is adopted on an emergency basis under the THSC, TCAA, sec.382. 017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.114.7. Inspection and Maintenance Fees. (a) The following fees must be paid prior to the emissions inspection of a vehicle at an inspection station. This fee shall include one free retest should the vehicle fail the emissions inspection, provided that the motorist submits, prior to the retest, a properly completed Vehicle Emissions Repair Report showing that emission-related repairs were performed. (1) For the Houston/Galveston Inspection and Maintenance (I/M) program area (Harris, Brazoria, Fort Bend, Waller, Liberty, Chambers, Galveston, and Montgomery Counties)-$23. The Managing Contractor shall retain $20.45 of this fee. (2) For the Beaumont/Port Arthur I/M program area (Jef-ferson and Orange Counties)-$15. The Managing Contractor shall retain $13.57 of this fee. (3) For the Dallas/Fort Worth I/M program area (Dallas, Tarrant, Denton, and Collin Counties)-$21. The Managing Contractor shall retain $18.02 of this fee. (4) For the El Paso I/M program area (El Paso County)-$22. The Managing Contractor shall retain $19.38 of this fee. (b) The per-vehicle fee and the amount of the fee retained by the Managing Contractor for a challenge test at a referee inspection facility shall be the same as the amounts set forth in subsection (a) of this section. The challenge fee shall be refunded if the vehicle passes the challenge test. (c) The per-vehicle fee and the amount of the fee retained by the Managing Contractor for establishing an alternative schedule pursuant to sec.114.3(c)(2)(C) of this title (relating to Vehicle Emissions Inspection and Maintenance Program), shall be the same as the amounts set forth in subsection (a) of this section. This per-vehicle fee shall satisfy the fee requirement in subsection (a) of this section when the vehicle is submitted for an inspection at an inspection station pursuant to the alternative schedule. (d) A $5.00 fee shall be assessed for establishing reciprocal compliance at a referee inspection facility pursuant to sec.114.3(c)(2)(B) of this title. (e) The processing fee for applications for Time-Extension, Minimum Expenditure, and Executive Director waivers, identified in sec.114.3(l) and (m) of this title, shall be $5.00. No fee shall be assessed for applications for Hardship Extension Waivers. (f) The per-vehicle fee for the performance of testing at a fleet facility or dealership, identified in sec.114.3(u) of this title, shall equal twice the test fee set forth in subsection (a) of this section. (g) A $5.00 fee shall be assessed for the replacement of a Vehicle Emissions Certificate (VEC) that is lost, destroyed, or stolen. In addition to payment of the fee, the vehicle must pass a visual anti-tampering check of the catalytic converter before a replacement VEC will be issued. The Managing Contractor shall retain all of this $5.00 fee. Issued in Austin, Texas, on December 21, 1994. TRD-9452721 Mary Ruth Holder Director, Legal Services Division Texas Natural Resource Conservation Commission Effective date: December 21, 1994 Expiration date: April 20, 1995 For further information, please call: (512) 239-1966