Texas SIP: 30 TAC 114.510-114.517. Locally Enforced Motot Vehicle Idling Limitations; SIP effective 2005-06-10 to 2010-06-07

Regulatory Text: 
Texas Chapter 114 - Control of Air Pollution from Motor Vehicles

SUBCHAPTER J:  OPERATIONAL CONTROLS FOR MOTOR VEHICLES

DIVISION 2:  LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS
Approved by EPA April 11, 2005 (70 FR 18308) effective June 10, 2005 (TXd55).

Outline:
§114.510.  Definitions. 4-58, TXd55
§114.511.  Applicability. 4-58, TXd55
§114.512.  Control Requirements for Motor Vehicle Idling. 4-58, TXd55
§114.517.  Exemptions. 4-58, TXd55


§114.510.  Definitions.
As adopted by TCEQ November 17, 2004 effective December 9, 2004 (4-58).
Approved by EPA April 11, 2005 (70 FR 18308) effective June 10, 2005 (TXd55).

     Unless specifically defined in the Texas Health and Safety Code, Chapter 382 (also known as the Texas Clean Air Act) or in the rules of the commission, the terms used in this subchapter have the meanings commonly ascribed to them in the field of air pollution control.  In addition to the terms which are defined by Texas Health and Safety Code, Chapter 382; §3.2 of this title (relating to Definitions); §101.1 of this title (relating to Definitions); and §114.1 of this title (relating to Definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

          (1)  Idle - The operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released, and there is no load on the engine.

          (2)  Local government - A city, county, municipality, or political subdivision of the state.

          (3)  Motor vehicle - Any self-propelled device powered by an internal combustion engine and 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 is required to be registered under Texas Transportation Code, §502.002, excluding vehicles registered under §502.006(c).

          (4)  Primary propulsion engine - A gasoline or diesel-fueled internal combustion engine attached to a motor vehicle that provides the power to propel the motor vehicle into motion and maintain motion.

Adopted November 17, 2004, Effective December 9, 2004 (4-58)
***end tx 114.510***4-58***EPA-R06-OAR-2005-TX-0007***TX013***TXd55***h3c***


§114.511.  Applicability.
As adopted by TCEQ November 17, 2004 effective December 9, 2004 (4-58).
Approved by EPA April 11, 2005 (70 FR 18308) effective June 10, 2005 (TXd55).

     The provisions of §114.512 and §114.517 of this title (relating to Control Requirements for Motor Vehicle Idling; and Exemptions) are applicable only within the jurisdiction of a local government that has signed a Memorandum of Agreement with the commission to delegate enforcement of the provisions of this division to that local government.

Adopted November 17, 2004, Effective December 9, 2004 (4-58)
***end tx 114.511***4-58***EPA-R06-OAR-2005-TX-0007***TX013***TXd55***h3c***


§114.512.  Control Requirements for Motor Vehicle Idling.
As adopted by TCEQ November 17, 2004 effective December 9, 2004 (4-58).
Approved by EPA April 11, 2005 (70 FR 18308) effective June 10, 2005 (TXd55).

     No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor vehicle to idle for more than five consecutive minutes when the motor vehicle, as defined in §114.510 of this title (relating to Definitions), is not in motion during the period of April 1 through October 31 of each calendar year.

Adopted November 17, 2004, Effective December 9, 2004 (4-58).
***end tx 114.512***4-58***EPA-R06-OAR-2005-TX-0007***TX013***TXd55***h3c***


§114.517.  Exemptions.
As adopted by TCEQ November 17, 2004 effective December 9, 2004 (4-58).
Approved by EPA April 11, 2005 (70 FR 18308) effective June 10, 2005 (TXd55).

     The provisions of §114.512 of this title (relating to Control Requirements for Motor Vehicle Idling) do not apply to:

          (1)  a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less;

          (2)  a motor vehicle forced to remain motionless because of traffic conditions over which the operator has no control;

          (3)  a motor vehicle being used by the United States military, national guard, or reserve forces, or as an emergency or law enforcement motor vehicle;

          (4)  the primary propulsion engine of a motor vehicle providing a power source necessary for mechanical operation, not including propulsion, and/or passenger compartment heating, or air conditioning;

          (5)  the primary propulsion engine of a motor vehicle being operated for maintenance or diagnostic purposes;

          (6)  the primary propulsion engine of a motor vehicle being operated solely to defrost a windshield;

          (7)  the primary propulsion engine of a motor vehicle that is being used to supply heat or air conditioning necessary for passenger comfort/safety in those vehicles intended for commercial passenger transportation or school buses in which case idling up to a maximum of 30 minutes is allowed;

          (8)  the primary propulsion engine of a motor vehicle used for passenger transit operations in which case idling up to a maximum of 30 minutes is allowed;

          (9)  the primary propulsion engine of a motor vehicle being used as airport ground support equipment; or

          (10)  the owner of a motor vehicle rented or leased to a person who operates the vehicle and is not employed by the owner.

Adopted November 17, 2004, Effective December 9, 2004 (4-58).
***end tx 114.517***4-58***EPA-R06-OAR-2005-TX-0007***TX013***TXd55***h3c***
**************end texas chapter 114 subchapter j division 2***TXd55***h3c***