SIP Revision: Chapter 114 Revision and Repeal of the Texas Clean Fleet Rule, April 26, 2006
On April 26, 2006, the commission adopted revisions to the Local Idling Restriction Rule, the repeal of the Texas Clean Fleet Rule, and the associated Texas State Implementation Plan (SIP). This page provides information on these revisions to the rules and the SIP.
About the Revision
- Locally Enforced Idling Restrictions:The Locally Enforced Vehicle Idling Restriction Rule was adopted by the commission on November 17, 2004 as part of the Austin Early Action Compact (EAC) SIP. This rule (30 TAC 114.510–114.512, 114.517) allows local governmental entities to enforce restrictions on vehicle idling within their jurisdictions if they sign a memorandum of agreement with the commission.
During the 79th Texas Legislature, 2005, Regular Session, House Bill 1540 amended Section 1, Subchapter B, Chapter 382, of the Health and Safety Code. The amendment states that the commission may not prohibit or limit the idling of vehicle engines when the purpose is for the driver to use the air conditioner or heater while taking a federally-mandated rest break in the vehicle’s sleeper berth. HB 1540 also forbids this type of idling in a school zone or within 1,000 feet of a public school during normal hours of operation. On April 26, 2006, the commission adopted rules revising the idling rule to reflect the changes created by HB 1540.
- Texas Clean Fleet Repeal: The Federal Clean Air Act Amendments of 1990 required states to either adopt the Federal Clean Fuel Fleet Program or implement a program that demonstrated reductions in emissions equal to those achieved under the FCFF Program.
The FCFF Program mandated increasing percentages of low-emission vehicles purchased for the affected fleets. In 1994 the State of Texas opted out of the FCFF Program in order to implement a fleet emission-control program designed by the state.
Senate Bill 1032, 79th Texas Legislature, 2005, Regular Session, repealed the Texas Clean Fleet Program in its entirety.
On April 26, 2006, the commission adopted the repeal of the Texas Clean Fleet program implementing provisions of SB1032. The repeal of these rules will have no effect on the emissions from fleets since all new fleet vehicles are being certified by the U.S. Environmental Protection Agency to either the federal Tier II emission standards or the federal 2004 heavy-duty engine emission standards, both of which are cleaner than the federal LEV standards currently being required under these rules. An analysis of the Texas Clean Fleet and National Low Emissions Vehicle (NLEV) program can be found with the repeal of the Texas Clean Fleet rule below.
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SIP Narrative and Misc. Documentation
There is no narrative associated with this SIP revision. Rather, the preambles of the rules in this case act as notice to the EPA.
Associated Rule Change Documentation
|Texas Clean Fleet||2005-067-114-AI|
|Texas Clean Fleet/NLEV Analysis|
|Local Idling Restrictions||2005-064-114-EN|
For information regarding the Texas Clean Fleet rule and the Local Idling Restriction Rule:
Air Quality Planning Section, TCEQ