(a) To be eligible for a grant under the program a
project must result in nitrogen oxide emission reductions of at least
25%, based on:
(1) the baseline emission level set by the executive
director; and
(2) the certified emission rate of the new vehicle
or engine.
(b) The vehicle being replaced must:
(1) be an on-road vehicle that has been owned, leased,
or otherwise commercially financed, and registered and operated by
the applicant in Texas for at least the two years immediately preceding
the submission of a grant application;
(2) satisfy any minimum average annual mileage or fuel
usage requirements established by the executive director;
(3) satisfy any minimum percentage of annual usage
requirements established by the executive director; and
(4) be in operating condition with at least two years
of remaining useful life, as determined in accordance with criteria
established by the executive director.
(c) At the discretion of the executive director, projects
that result in a 25% reduction in other pollutants may be considered
eligible for funding under this program.
(d) The executive director may establish additional
criteria for purposes of prioritizing projects for selection. Such
criteria may include, but are not limited to:
(1) nonattainment status of the primary location in
which the eligible vehicles are used; or
(2) cost per ton benefits of the overall emissions
being reduced.
(e) The executive director may waive the requirements
of subsection (b)(1) of this section on a finding of good cause, which
may include a waiver for short lapses in registration or operation
attributable to economic conditions, seasonal work, or other circumstances.
In determining good cause and deciding whether to grant a waiver,
the executive director shall ensure that the emissions reductions
that will be attributed to the project will still be valid and, where
applicable, meet the conditions for assignment for credit to the state
implementation plan.
(f) In establishing more specific requirements or additional
criteria, as authorized under this section, for projects related to
agricultural product transportation, the executive director shall
use as a determining factor for eligibility for participation in the
program established under this division the overall accumulative net
reduction in nitrogen oxide emissions in a nonattainment area, an
affected county, or the clean transportation zone.
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Source Note: The provisions of this §114.653 adopted to be effective March 18, 2010, 35 TexReg 2195; amended to be effective April 19, 2012, 37 TexReg 2645; amended to be effective May 1, 2014, 39 TexReg 3435; amended to be effective April 26, 2018, 43 TexReg 2442 |