Texas Register
(21 TexReg 10369).
EXPLANATION OF RULE The rule amendment would change the current definition
of "primarily operated." This could broaden the vehicle base which is subject
to inspection requirements by making it more difficult to be excluded from
the inspection requirements based on the definition of "primarily operated."
This change could also potentially increase the number of vehicles brought
to emission testing and test and repair businesses.
This action is part of the Motorist's Choice Program that was developed
in response to Senate Bill 178 (Chapter 34, Acts of the 74th Legislature,
Regular Session, 1995) and the Governor's Executive Order GWB 96-1.
The rule is needed to correct an unintended result from a program element
designed to provide an exclusion from inspection requirements for vehicles
registered within a core program area yet operated elsewhere.
TAKINGS IMPACT ASSESSMENT The commission has prepared a Takings Impact
Assessment for these rules pursuant to the Texas Government Code Annotated,
§2007.043, and has determined this rule will have no effect on private
real property.
PUBLIC HEARING AND COMMENTS A public hearing on the proposal was held in
Austin on November 19, 1996. Written testimony was received from the United
States Environmental Protection Agency (EPA), Brazos Electric Cooperative,
and the El Paso City-County Health and Environmental District.
The EPA and the El Paso City-County Health and Environmental District both
supported the proposed rule. The EPA requested that the amendment be incorporated
into the SIP at the next major revision or be submitted to the EPA when finalized.
The commission will submit the amendment as a change to the SIP at the
next major revision.
Brazos Electric Cooperative recommended that §114.3(a)(11) be rewritten
to specifically apply only to the vehicles registered in a program area.
As specified in §114.3(b), the vehicle emission inspection requirements
apply only to those vehicles registered and primarily operated in Dallas,
Harris, Tarrant, and El Paso Counties; and on-road tests of vehicles registered
in a program area and operating in a core program area beginning September
1, 1997. The purpose of the revision to the definition of primarily operated
was to specify which vehicles registered in these counties the program requirements
apply.
The amendment is adopted under the Texas Health and Safety Code
(Vernon 1992), the Texas Clean Air Act (TCAA), §382.017, which provides
the commission with the authority to adopt rules consistent with the policy
and purposes of the TCAA.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 9, 1997.
TRD-9700353
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: January 30, 1997
For further information, please call: (512) 239-1970