Proposed Rules Title 30 (2024)

TITLE 30. ENVIRONMENTAL QUALITY

PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

CHAPTER 114. CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES

The Texas Commission on Environmental Quality (TCEQ, agency,or commission) proposes amendments to 30 Texas Administrative Code(TAC) §§114.1, 114.2, 114.7, 114.50, 114.51, 114.53, 114.60,114.64, 114.66, 114.72, 114.80 - 114.82, 114.84, and 114.87.

If adopted, amended §§114.1, 114.2, 114.7, 114.50, 114.51,114.53, 114.80 - 114.82, 114.84, and 114.87 will be submitted to theU.S. Environmental Protection Agency (EPA) as a revision to the StateImplementation Plan (SIP).

Background and Summary of the Factual Basis for the Proposed Rules

Eighteen counties in Texas are subject to 30 TAC Chapter 114 inspectionand maintenance (I/M) rules and the I/M SIP: Collin, Dallas, Denton,Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties inthe Dallas-Fort Worth (DFW) area; Brazoria, Fort Bend, Galveston,Harris, and Montgomery Counties in the Houston-Galveston-Brazoria(HGB) area; Travis and Williamson Counties in the Austin-Round Rock(ARR) area; and El Paso County. The commission adopted revisions toChapter 114 and the I/M SIP on November 29, 2023, to implement anI/M program in Bexar County by no later than November 1, 2026 (ProjectNos. 2022-026-114-AI and 2022-027-SIP-NR).

The I/M rules require the commission to implement the I/M programin conjunction with the Texas Department of Public Safety (DPS) andrequire vehicles registered in I/M counties to pass an emissions inspectionat the time of their annual safety inspection.

The 88th Texas Legislature, 2023, Regular Session, passed two billsthat impact the Texas I/M program and require rulemaking and a revisionto the I/M SIP. House Bill (HB) 3297 eliminates the mandatory annualvehicle safety inspection program for noncommercial vehicles, effectiveJanuary 1, 2025. A rulemaking and SIP revision are required to removereferences and requirements related to the state's safety inspectionprogram and to revise several provisions in the SIP that are outlinedin the bill. Senate Bill (SB) 2102 extends the initial registrationand inspection period for rental vehicles from two years to threeyears. A rulemaking and SIP revision are required to allow one additionalyear of exemption from emissions inspections for rental vehicles.

At the November 29, 2023, Commissioners' Agenda meeting, a rulemakingand a SIP revision to implement I/M in Bexar County were adopted (ProjectNos. 2022-026-114-AI and 2022-027-SIP-NR). The commission set an emissionsinspection fee of $18.50 for the Bexar County I/M program. The commissionreferenced results from the June 30, 2020, Bexar County I/M ProgramStudy Final Report (ERG No. 0433.00.005) that indicated an appropriatestatewide fee range could be $18 to $22. The DFW and HGB program areasalready have a fee of $18.50 set for emissions inspections, whilethe ARR area and El Paso County have a fee of $11.50. As requiredbiennially by state statute in Texas Health and Safety Code (THSC) §382.202(f)(1),the March 29, 2024, Vehicle Emissions Inspection Program Test FeeAnalysis for AirCheckTexas Program (ERG No. 0488.00.001) study (2024I/M Fee Analysis) was completed to assess the adequacy of the I/Mfee. The 2024 I/M Fee Analysis recommends a higher maximum fee thanis currently allowed by rule, so the proposed rulemaking would raisethe maximum fee allowed in the ARR area and El Paso County to be consistentwith the maximum fee allowed in the other I/M counties. In additionto the proposed increase to $18.50 for the ARR area and El Paso County,the commission is also taking comment on setting a maximum fee ineach program area up to $28.50, as informed by the 2024 I/M Fee Analysis.

The rulemaking will provide for an overall clean-up of the rulelanguage to remove outdated program-related definitions, references,and requirements. The clean-up process will include revisions to therule and SIP to repeal a provision of the I/M rule related to vehiclesoperated by any federal government agency employee under the jurisdictionof a federal government agency that has not been approved as partof the Texas SIP by EPA.

Demonstrating Noninterference under Federal Clean Air Act (FCAA), §110(l)

Under FCAA, §110(l), EPA cannot approve a SIP revision if it would interfere with attainment of the National Ambient Air Quality Standard (NAAQS), reasonable further progress toward attainment, or any other applicable requirement of the FCAA. The commission provides the following information to demonstrate why the proposed changes to the I/M program rules in Chapter 114 will not negatively impact the status of the state's progress towards attainment, interfere with control measures, or prevent reasonable further progress toward attainment of the ozone or carbon monoxide (CO) NAAQS.

The proposed amendments would revise 30 TAC Chapter 114, Subchapters A and C to implement HB 3297, raise the maximum fee that inspectionstations may charge for the emissions inspection, and provide foran overall clean-up of the rule language to remove outdated program-relateddefinitions, references, and requirements. The requirement relatedto vehicles operated by any federal government agency employee underthe jurisdiction of a federal government agency, which would be repealedfrom the I/M rule, has not been approved by EPA as part of the TexasSIP. These amendments do not affect EPA-approved I/M program requirements;therefore, the proposed rulemaking would not negatively impact thestate's progress towards attainment of the ozone or CO NAAQS.

The proposed amendments to Chapter 114 would also modify SubchapterC to implement SB 2102, extending the initial registration and inspectionperiod for rental vehicles to three years. TCEQ and DPS have implementedan I/M program that meets or exceeds the low-enhanced I/M performancestandard required by 40 Code of Federal Regulations (CFR), Part 51.To implement the new requirements for Texas I/M programs specifiedin SB 2102, TCEQ is proposing updates to the vehicle emissions testingprograms for the DFW area, HGB area, ARR area, Bexar County, and ElPaso County. The updated I/M program's implementation year is anticipatedto be 2026. Evaluating whether an updated I/M program meets EPA'senhanced performance standard requires demonstrating that the existingprogram emission rates for nitrogen oxides and volatile organic compoundsdo not exceed the benchmark program's emission rates. The benchmarkprogram's emission rates include a 0.02 grams per mile buffer foreach pollutant. Using the requirements in EPA guidance document, Performance Standard Modeling for New and ExistingVehicle Inspection and Maintenance (I/M) Programs Using the MOVESMobile Source Emissions Model (EPA-420-B-22-034, October 2022),TCEQ performed the required performance standard modeling (PSM) analysisof the five program areas. The analysis demonstrates that the updatedDFW area, HGB area, ARR area, Bexar County, and El Paso County I/Mprogram emission rates do not exceed the performance standard benchmarkemission rates for all counties required to operate an I/M programwithin these areas. Therefore, the I/M program performance requirementis met for the updated I/M program in all areas. Additionally, thePSM analysis indicates that ozone precursor emission impacts due tothe proposed I/M program updates will be negligible and would notbe expected to interfere with any applicable FCAA requirement concerningattainment and reasonable further progress.

Data from the Texas Department of Motor Vehicles (DMV) indicatethat the number of rental vehicles titled in Texas that would be exemptunder this provision is approximately 76,000. This is 0.3% of theoverall Texas fleet. Additionally, these vehicles are expected tobe the newest model year vehicles and, as such, are expected to meetthe required emissions standards since newer vehicles typically passemissions inspections at higher rates than older vehicles. This proposedrevision due to the passage of SB 2102 would not negatively impactthe state's progress towards attainment of the 2008 and 2015 eight-hourozone NAAQS.

Section by Section Discussion

The proposed amendments would repeal obsolete definitions, revisethe I/M program rules to provide for implementation of HB 3297 andSB 2102, raise the maximum fee inspection stations are allowed tocharge for an emissions inspection, and repeal a state I/M requirementfrom the rule and state-adopted SIP to be consistent with the EPA-approvedfederally enforceable Texas SIP.

The commission also proposes non-substantive changes to updatethe rules in accordance with current TexasRegister style and format requirements, improve readability,establish consistency in the rules, and conform to the standards inthe Texas Legislative Council Drafting Manual, September 2020. Thesenon-substantive changes are not intended to alter the existing rulerequirements in any way and may not be specifically discussed in this preamble.

Subchapter A: Definitions

§114.1. Definitions

The proposed rulemaking would remove obsolete definitions in §114.1that have been affirmed by staff as no longer necessary and wouldrevise an additional definition. The obsolete definitions were associatedwith outdated references to safety inspections and first vehicle registrationthat are not used in or applicable to current rules in Chapter 114as proposed. The definitions proposed for removal are first safetyinspection certificate and first vehicle registration. The definitionfor single sticker transition date, which was needed temporarily toimplement HB 2305, 83rd Texas Legislature, 2013, Regular Session,is not being proposed for removal in this rulemaking because it isreferenced in Chapter 114, Subchapter B, which is not open for thisrulemaking. The commission may consider removing this outdated definitionin a future rulemaking. The proposed revision to the definition forvehicle registration insignia sticker would remove the reference tothe single sticker transition date as that date has passed and thereference is no longer necessary. The remaining definitions wouldbe renumbered as appropriate.

§114.2. Inspection and Maintenance Definitions

The proposed rulemaking would remove obsolete definitions in §114.2that have been affirmed by staff as no longer necessary and wouldrevise additional definitions. The obsolete definitions were associatedwith outdated test sequences and definitions that are not used inor applicable to current rules in Chapter 114 as proposed. The definitionsproposed for removal are acceleration simulation mode (ASM-2) test,consumer price index, controller area network (CAN), low-volume emissionsinspection station, two-speed idle (TSI) inspection and maintenancetest, and uncommon part. The proposed revision to the definition fortesting cycle would remove the reference to the single sticker transitiondate as previously defined.

The program area definitions in existing §114.2(10), whichwould be renumbered to §114.2(6), would be revised to combinethe DFW program area definition in existing subparagraph (A) withthe extended DFW program area definition in existing subparagraph(D) into a revised subparagraph (A). Existing subparagraph (D) wouldbe removed, and existing subparagraph (E) would be renumbered as (D).These proposed amendments to the definition for program area wouldnot change the meaning of the I/M program areas but would bring togetherall of the DFW area counties under one subparagraph for clarity.

The proposed revisions would add a definition for rental vehicleto accommodate proposed rule amendments associated with implementationof SB 2102. The remaining definitions would be renumbered as appropriate.

§114.7. Low Income Vehicle RepairAssistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions

The proposed revisions to §114.7 would update the definitionsof automobile dealership, proof of transfer, and replacement vehicle.The statutory reference for automobile dealership is not valid; therefore,the proposed revision would replace that term with dealer to matchthe updated statutory reference in Texas Transportation Code (TTC) §503.001(4).Proposed revisions would also modify the definition to reference aperson instead of a business, also to match the updated statutoryreference. The proposed revision to proof of transfer would updatethe term automobile dealer to dealer. The proposed revision to replacementvehicle would modify the definition by removing the requirement thata vehicle have a passing safety inspection to be eligible as a replacementvehicle since the state's mandatory annual vehicle safety inspectionprogram for noncommercial vehicles will be eliminated on January 1,2025. The definitions would be renumbered as appropriate.

Subchapter C: Vehicle Inspection and Maintenance;Low Income Vehicle Repair Assistance, Retrofit, and Accelerated VehicleRetirement Program; And Early Action Compact Counties

§114.50. Vehicle Emissions Inspection Requirements

The proposed revisions to §114.50 would add an emissions inspectionexception for rental vehicles, combine I/M program applicability subsections,simplify language concerning test procedures, remove references tothe extended DFW program area, remove obsolete references to safetyinspections, remove references to the single sticker transition date,and repeal a provision that is not part of the EPA-approved I/M SIPfor Texas.

Subsection (a) would be revised to add an exception for rentalvehicles under emissions inspection applicability provisions thatextends their initial inspection period to three years. This amendmentis proposed as a result of the passage of SB 2102. Since SB 2102 becameeffective on September 1, 2023, rental vehicles in Texas may alreadyuse this exception and skip the requirement to receive an emissionsinspection in year two. TCEQ proceeded with rulemaking in due diligenceto align the TAC with THSC, §382.202(d-2). Due to passage ofHB 3297, which eliminates the mandatory annual vehicle safety inspectionprogram for noncommercial vehicles, the amendments to subsection (a)would include replacing references to safety inspection and safetyinspection facilities with references to emissions inspection andinspection facilities.

The proposed revisions would amend §114.50(a)(1) - (4) tocombine the I/M program test procedure and applicability provisionsfor the DFW program area, the HGB program area, and El Paso Countyunder proposed §114.50(1) for clarity and readability. The proposedrevision would remove subparagraphs (B) and (C) as the accelerationsimulation mode (ASM) test is no longer used and only the on-boarddiagnostic (OBD) test applies now. The proposed revisions would removethe references to the extended DFW program area in paragraphs (a)(2),(b)(1), (b)(3), and (b)(6) as that definition is no longer representativeof the DFW program area. The proposed revisions would remove referencesto safety inspections in paragraphs (b)(1), (d)(1), and (d)(2) thatwill no longer be applicable to current rules in Chapter 114 due tothe passage of HB 3297. The proposed revisions will remove the referencesto the single sticker transition date in paragraphs (b)(1) and (d)(2)as that date has passed and the references are no longer necessary.Existing §114.50(a)(5) would be renumbered as §114.50(a)(2).

This proposed rulemaking would also remove §114.50(b)(2) relatedto vehicles operated by any federal government agency employee underthe jurisdiction of a federal government agency. The provision wasfirst adopted in a 1999 rulemaking, and EPA has not approved thisrequirement as part of the SIP. EPA did not include the provisionin its final approval, published on November 14, 2001 (66 FR 57261).EPA indicated in an April 15, 2014 (79 FR 21179) action that it "willnot approve or disapprove the specific requirements of 30 TAC §114.50(b)(2)"because "EPA did not require the state to implement or adopt thisreporting requirement dealing with federal installation within I/Mareas at the time of program approval." Thus, removing the provisionwould align the I/M program rules in Subchapter C, Division 1 withfederal program requirements and the I/M rules in the EPA-approvedSIP. Since existing paragraph (b)(2) would be removed, subsequentparagraphs under subsection (b) would be renumbered.

§114.51. Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers

The proposed revision to §114.51 would update the hyperlinklocation for the most recent version of the "Specifications for VehicleExhaust Gas Analyzer Systems for Use in the Texas Vehicle EmissionsTesting Program."

§114.53. Inspection and Maintenance Fees

The proposed revisions to §114.53 would combine I/M programfee requirements for several areas, add abbreviations, remove referenceto the single sticker transition date, remove reference to the extendedDFW program area, and remove language concerning fees associated withthe outdated ASM test.

As with proposed amendments to §114.50, provisions in §114.53(a)(1)- (3) would be revised to combine I/M program fee provisions for theDFW program area, the HGB program area, and El Paso County under arevised §114.53(a)(1). Existing paragraphs (2) and (3) wouldbe removed, and existing §114.53(a)(4) would be renumbered asproposed §114.53(a)(2). The proposed maximum fee for an emissionstest conducted in El Paso County would be increased to $18.50. Themaximum fee for the DFW and HGB program areas are already set at $18.50,so amended §114.53(a)(1) would only substantively impact theEl Paso County I/M program. In addition to the proposed increase to$18.50 for El Paso County, the commission is also taking comment onsetting a maximum fee in each program area up to $28.50, as informedby the 2024 I/M Fee Analysis.

The proposed revisions to §114.53(d) would remove referenceto the single sticker transition date as that date has passed andthe reference is no longer necessary. Reference to the extended DFWprogram area in §114.53(d)(2) would be removed as that definitionis no longer necessary for describing the DFW area counties subjectto I/M requirements, and language concerning the Low Income VehicleRepair Assistance, Retrofit, and Accelerated Vehicle Retirement Program(LIRAP) fees in §114.53(d)(2)(A) and (B) and §114.53(d)(3)(A)and (B) would be revised to remove references to the outdated ASMtest and associated LIRAP fee for that test.

§114.60. Applicability for LIRAP

The proposed revisions to §114.60 would update referencesto statute that were amended by SB 1303, 82nd Texas Legislature, 2011,Regular Session. SB 1303 amended THSC §382.209(c)(1) by updatinga reference of TTC §§502.274 or 502.275 to TTC §§504.501or 504.502. SB 1303 was a general code update bill prepared by theTexas Legislative Council to make non-substantive amendments to enactedcodes. TTC §§502.274 and 502.275 had been removed from statutewhen HB 2971 repealed TTC Chapter 502, Subchapter F during the 78thTexas Legislature, 2003, Regular Session. The proposed revisions wouldchange the reference to TTC §502.274 in §114.60(c)(4) toTTC §504.501 and remove "as defined by" since the new referenceis not in a definitions section in the statute. The proposed revisionswould change the reference to TTC §502.275 in §114.60(c)(4)to TTC §504.502 and remove "as defined by" since the new referenceis not a definitions section in the statute.

§114.64. LIRAP Requirements

The proposed revisions to §114.64 would remove obsolete requirementsrelated to safety inspections and the ASM test, incorporate changescaused by renumbering, and update a term to match changes made todefinitions. The proposed revisions to §114.64(b)(4) would removea requirement made obsolete by the elimination of the mandatory annualvehicle safety inspection program for noncommercial vehicles as aresult of the passage of HB 3297. Subsequent paragraphs under subsection(b) would be renumbered. The proposed revisions to §114.64(c)(1)incorporate changes caused by renumbering in subsection (b), removea requirement made obsolete by the elimination of the mandatory annualvehicle safety inspection program for noncommercial vehicles as aresult of the passage of HB 3297 and by implementation of the state'ssingle sticker registration system, and remove redundant languagethat already appears in §114.64(b)(6). The proposed revisionsto §114.64(e) would remove a requirement made obsolete by theelimination of the mandatory annual vehicle safety inspection programfor noncommercial vehicles as a result of the passage of HB 3297.The proposed revisions would remove an obsolete requirement relatedto the outdated ASM test and renumber subsequent paragraphs undersubsection (c). The proposed revisions to §114.64(f) and (f)(1)would change the term "automobile dealership(s)" to "dealer(s)" tomatch the update made in §114.7.

§114.66. Disposition of Retired Vehicle

The proposed revisions in §114.66(d) would change the term"automobile dealer" to "dealer" to match the update made in §114.7.

§114.72. Local Advisory Panels

The proposed revisions to §114.72 would update obsolete referencesto statute, update a term to match changes made to definitions, andremove the provision that local advisory panels may consist of representativesfrom safety inspection facilities. The proposed revisions to §114.72(a)(4)would update references to statute that were amended by SB 1303, 82ndTexas Legislature, 2011, Regular Session to match the updates madein §114.60. The proposed revisions would change the term "automobiledealership" to "dealer" in §114.72(c)(1) to match the updatemade in §114.7. Low Income Vehicle RepairAssistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions. The proposed revisions would remove the provision in §114.72(c)(3)that local advisory panels may consist of representatives from safetyinspection facilities due to the elimination of the mandatory annualvehicle safety inspection program for noncommercial vehicles as aresult of the passage of HB 3297 and instead allow that they may consistof representatives from emissions inspection facilities.

§114.80. Applicability

The proposed revisions to §114.80 would add an emissions inspectionexception for rental vehicles and remove obsolete references to safetyinspections. The proposed revisions to §114.80(c) would add anexception for rental vehicles under emissions inspection applicabilityprovisions that extends their initial inspection period to three years.This amendment is proposed as a result of the passage of SB 2102.Since SB 2102 became effective on September 1, 2023, rental vehiclesin Texas may already use this exception and skip the requirement toreceive an emissions inspection in year two. TCEQ proceeded with rulemakingin due diligence to align the TAC with THSC, §382.202(d-2). Dueto passage of HB 3297, which eliminates the mandatory annual vehiclesafety inspection program for noncommercial vehicles, the amendmentsto §114.80(c) would include replacing references to safety inspectionand safety inspection facilities with references to emissions inspectionand inspection facilities.

§114.81. Vehicle Emissions Inspection Requirements

The proposed revisions in §114.81 would remove the referencesto the two-speed idle (TSI) test for pre-1996 vehicles that are nolonger applicable in the program. The proposed revision would removeparagraph (2) and revise paragraphs (1) and (3) as the TSI test isno longer used and only the OBD test applies. The paragraphs in thesection would be renumbered as appropriate.

§114.82. Control Requirements

The proposed revisions in §114.82 would remove referencesto the safety inspection, the single sticker transition date, 1996and newer model year vehicles, and the Texas Motor Vehicle CommissionCode, and repeal a subsection that corresponds to a section not approvedby EPA as part of the SIP. Section 114.82(a)(1) would be removed sinceit only pertains to requirements prior to the single sticker transitiondate as that date has passed and those requirements are no longernecessary. The proposed revisions to §114.82(a)(2) would removethe reference to the single sticker transition date and safety inspectionrequirements due to the elimination of the mandatory annual vehiclesafety inspection program for noncommercial vehicles that resultedfrom the passage of HB 3297. Paragraphs of §114.82(a) would berenumbered as appropriate.

The proposed rulemaking would also remove §114.82(b) as itcorresponds to §114.50(b)(2), related to vehicles operated byany federal government agency employee under the jurisdiction of afederal government agency, which EPA has not approved as part of theSIP. Removing the provision would align the I/M program rules in SubchapterC, Division 1 with federal program requirements and the I/M rulesin the EPA-approved SIP. Since existing subsection (b) would be removed,subsequent subsections §114.82(c) through (h) under would berenumbered as §114.82(b) through (g). The proposed revisionsto §114.82(c) would change the term "dealership(s)" to "dealer(s)"to match the update made in §114.7.Low Income Vehicle Repair Assistance, Retrofit, and Accelerated VehicleRetirement Program Definitions. The proposed revisions to §114.82(g)would remove the reference to the Texas Motor Vehicle Commission Codeas it is no longer applicable and remove the reference to 1996 andnewer model year vehicles, as this age range of vehicles no longerneeds to be specified.

§114.84. Prohibitions

The proposed revisions in §114.84 would remove obsolete referencesto safety inspections and the single sticker transition date thatare no longer applicable to current rules in Chapter 114. The proposedrevision to §114.84(a) would remove the reference to the annualsafety inspection due to the elimination of the mandatory annual vehiclesafety inspection program for noncommercial vehicles that resultedfrom the passage of HB 3297. The proposed revision to §114.84(b)would remove an obsolete reference to the single sticker transitiondate that is no longer applicable as that date has passed and thereference is no longer necessary.

§114.87. Inspection and Maintenance Fees

The proposed revisions in §114.87 would remove obsolete referencesto the TSI test and the single sticker transition date and would raisethe maximum fee for each OBD test in Travis and Williamson Counties.Subsections (a) and (d) would be revised to remove references to thesingle sticker transition date that are no longer applicable as thatdate has passed and the references are no longer necessary. The proposedrevisions would remove references to the obsolete TSI test in revise §114.87(a)as it is no longer used and only the OBD test applies. Additionally,the proposed maximum fee allowed for each on-board diagnostic testin Travis and Williamson Counties in §114.87(a) would be increasedto $18.50; however, the commission is also taking comment on settinga maximum fee in each program area up to $28.50, as informed by the2024 I/M Fee Analysis.

Fiscal Note: Costs to State and Local Government

Kyle Girten, Analyst in the Budget and Planning Division, has determinedthat for the first five-year period the proposed rules are in effect,fiscal implications are anticipated for state and local governmentas a result of administration or enforcement of the proposed rule.The fiscal implications of this rulemaking are presented in termsof the highest economic impact, which is calculated based on the highestfee within the range recommended in the 2024 I/M Fee Analysis in allI/M program area counties. The rulemaking will not result in fiscalimplications for TCEQ, however.

The agency estimates the implementation of amendments to the proposedrule in §114.53 and §114.87 would result in increased costsfor state and local entities that rely on private businesses to inspectgasoline-powered vehicles that are 2-24 model years old in their fleets.A fee of $18.50 to $28.50 per annual vehicle inspection is being consideredin this rulemaking for vehicles registered in each of the countiessubject to the I/M rules, including counties in the DFW area, HGBarea, ARR area, El Paso County, and Bexar County. Inspection feesare currently set at a maximum of $18.50 annually per vehicle forDFW and HGB counties, and a fee of this amount is set to be implementedin Bexar County on November 1, 2026. Inspection fees are currentlyset at a maximum of $11.50 annually per vehicle for ARR counties andEl Paso County. Therefore, this rulemaking could result in an increaseof up to $10 per inspection for vehicles in DFW and HGB counties,an increase of up to $10 per inspection in Bexar County beginningon November 1, 2026, and an increase of up to $17 per inspection forvehicles in ARR counties and El Paso County. County-specific dataon governmental vehicles is not available, but it is estimated that2,373 vehicles from state entities would be affected by this rulemaking,and up to 11,300 state and local governmental entities would be affected.

Public Benefits and Costs

Mr. Girten determined that for each year of the first five yearsthe proposed rules are in effect, the public benefit will be compliancewith state law, specifically HB 3297 and SB 2102 from the 88th TexasLegislature, 2023, Regular Session. Setting the fee at a value thatis informed by the results of the recent fee analysis will improvethe likelihood that inspection services will continue to be providedby businesses and economic impacts to individuals are minimized.

Implementation of amendments to the proposed rule in §114.53and §114.87 would increase the amount businesses are allowedto charge by up to $10 per inspection for qualifying vehicles in DFWand HGB counties, up to $10 per inspection in Bexar County beginningon November 1, 2026, and up to $17 per inspection for qualifying vehiclesin ARR counties and El Paso County. Currently, there are 4,187 stationsthat conduct these inspections in DFW and HGB counties, and 730 stationsthat would be affected in ARR counties and El Paso County. As theI/M program has not yet begun in Bexar County, no such stations existthat conduct these types of inspections. However, there are currently638 stations in Bexar County that conduct safety-only inspectionswhich could join the emissions inspection program.

The proposed rulemaking would also result in cost savings for businessesthat own rental fleets in counties that are subject to the I/M rules.Amendments to §114.50 and §114.80, would extend the initialregistration and inspection period for rental vehicles from two tothree years. Therefore, owners of rental fleets would experience acost savings in the amount of the fee per vehicle inspection in thethird year after the model year for the vehicle.

Individuals that have vehicles that are subject to emissions inspectionswould be responsible for paying the increased fees in this rulemaking.Over 9.8 million vehicles would be subject to these inspections inDFW counties, HGB counties, and Bexar County, and over 1.6 millionvehicles would be affected in ARR counties and El Paso County.

Local Employment Impact Statement

The commission reviewed this proposed rulemaking and determinedthat a Local Employment Impact Statement is not required because theproposed rulemaking does not adversely affect a local economy in amaterial way for the first five years that the proposed rule is in effect.

Rural Communities Impact Assessment

The commission reviewed this proposed rulemaking and determinedthat the proposed rulemaking does not adversely affect rural communitiesin a material way for the first five years that the proposed rulesare in effect. The amendments would apply statewide and have the sameeffect in rural communities as in urban communities.

Small Business and Micro-Business Assessment

No adverse fiscal implications are anticipated for small or micro-businessesdue to the implementation or administration of the proposed rule forthe first five-year period the proposed rules are in effect.

Small Business Regulatory Flexibility Analysis

The commission reviewed this proposed rulemaking and determinedthat a Small Business Regulatory Flexibility Analysis is not requiredbecause the proposed rule does not adversely affect a small or micro-businessin a material way for the first five years the proposed rules arein effect.

Government Growth Impact Statement

The commission prepared a Government Growth Impact Statement assessmentfor this proposed rulemaking. The proposed rulemaking does not createor eliminate a government program and will not require an increaseor decrease in future legislative appropriations to the agency. Theproposed rulemaking does not require the creation of new employeepositions, eliminate current employee positions, nor require an increaseor decrease in fees paid to the agency. The proposed rulemaking amendsan existing regulation, and it does not create, expand, repeal, orlimit this regulation. The proposed rulemaking does not increase ordecrease the number of individuals subject to its applicability. Duringthe first five years, the proposed rule should not impact positivelyor negatively the state's economy.

Draft Regulatory Impact Analysis Determination [if full RIA not required]

The commission reviewed the proposed rulemaking considering theregulatory impact analysis requirements of Texas Government Code, §2001.0225,and determined that the proposed rulemaking does not meet the definitionof a "major environmental rule" as defined in that statute, and inaddition, if it did meet the definition, would not be subject to therequirement to prepare a regulatory impact analysis. A "major environmentalrule" means a rule, the specific intent of which is to protect theenvironment or reduce risks to human health from environmental exposure,and that may adversely affect in a material way the economy, a sectorof the economy, productivity, competition, jobs, the environment,or the public health and safety of the state or a sector of the state.Additionally, the proposed rulemaking does not meet any of the fourapplicability criteria for requiring a regulatory impact analysisfor a major environmental rule, which are listed in Tex. Gov't CodeAnn., §2001.0225(a). Tex. Gov't Code Ann., §2001.0225 appliesonly to a major environmental rule, the result of which is to: 1)exceed a standard set by federal law, unless the rule is specificallyrequired by state law; 2) exceed an express requirement of state law,unless the rule is specifically required by federal law; 3) exceeda requirement of a delegation agreement or contract between the stateand an agency or representative of the federal government to implementa state and federal program; or 4) adopt a rule solely under the generalpowers of the agency instead of under a specific state law.

The proposed rulemaking's purpose is to remove references and requirementsrelated to the state's safety inspection program due to the passageof HB 3297 and revise several provisions in the SIP that are outlinedin the bill; and allow one additional year of exemption from emissionsinspections for rental vehicles due to the passage of SB 2102 to complywith federal requirements for the implementation of control strategiesnecessary to attain and maintain the NAAQS for ozone or CO mandatedby 42 United States Code (U.S.C.) §7410, FCAA, §110. Therequirement to implement and enforce I/M programs is specificallyrequired for certain nonattainment areas by the FCAA, and the proposedrevisions to 30 TAC Chapter 114 would be used as a control strategyfor demonstrating attainment of the ozone or CO NAAQS in the specificareas designated as nonattainment in Texas, as discussed elsewherein this preamble.

The proposed rulemaking implements requirements of the FCAA, 42U.S.C. §7410, which requires states to adopt a SIP that providesfor the implementation, maintenance, and enforcement of the NAAQSin each air quality control region of the state. While 42 U.S.C. §7410generally does not require specific programs, methods, or reductionsin order to meet the standard, I/M programs are specifically requiredby the FCAA. The SIP must also include enforceable emission limitationsand other control measures, means, or techniques (including economicincentives such as fees, marketable permits, and auctions of emissionsrights), as well as schedules and timetables for compliance as maybe necessary or appropriate to meet the applicable requirements ofthe FCAA. The provisions of the FCAA recognize that states are inthe best position to determine what programs and controls are necessaryor appropriate in order to meet the NAAQS and when programs are specificallyrequired, states may implement them with flexibility allowed underthe statute and EPA rules. This flexibility allows states, affectedindustry, and the public to collaborate on the best methods for attainingthe NAAQS for the specific regions in the state. Even though the FCAAallows states to develop their own programs, this flexibility doesnot relieve a state from developing a program that meets the requirementsof 42 U.S.C. §7410. States are not free to ignore the requirementsof 42 U.S.C. §7410 and must develop programs to assure that theircontributions to nonattainment areas are reduced so that these areascan be brought into attainment on the schedule prescribed by the FCAA.

If a state does not comply with its obligations under 42 U.S.C. §7410,FCAA, §110 to submit SIPs, states are subject to discretionarysanctions under 42 U.S.C. §7410(m) or mandatory sanctions under42 U.S.C. §7509, FCAA, §179; as well as the imposition ofa federal implementation plan (FIP) under 42 U.S.C. §7410, FCAA, §110(c).

As discussed earlier in this preamble, states are required to adoptSIPs with enforceable emission limitations and other control measures,means, or techniques, as well as schedules and timetables for compliance,as may be necessary or appropriate to meet the applicable requirementsof the FCAA. As discussed in the FISCAL NOTE portion of this preamble,the proposed rules are not anticipated to add any significant additionalcosts to affected individuals or businesses beyond what is necessaryto attain the ozone or CO NAAQS or comply with the specific requirementsfor I/M programs on the economy, a sector of the economy, productivity,competition, jobs, the environment, or the public health and safetyof the state or a sector of the state.

The requirement to provide a fiscal analysis of regulations inthe Texas Government Code was amended by SB 633 during the 75th legislativesession. The intent of SB 633 was to require agencies to conduct aregulatory impact analysis of extraordinary rules. These are identifiedin the statutory language as major environmental rules that will havea material adverse impact and will exceed a requirement of state law,federal law, or a delegated federal program, or are adopted solelyunder the general powers of the agency. With the understanding thatthis requirement would seldom apply, the commission provided a costestimate for SB 633 that concluded "based on an assessment of rulesadopted by the agency in the past, it is not anticipated that thebill will have significant fiscal implications for the agency dueto its limited application." The commission also noted that the numberof rules that would require assessment under the provisions of thebill was not large. This conclusion was based, in part, on the criteriaset forth in the bill that exempted rules from the full analysis unlessthe rule was a major environmental rule that exceeds a federal law.

As discussed earlier in this preamble, the FCAA does not alwaysrequire specific programs, methods, or reductions in order to meetthe NAAQS, but I/M programs are specifically required by the FCAA;thus, states must develop programs for each area contributing to nonattainmentto help ensure that those areas will meet the required attainmentdeadlines and that comply with EPA requirements for I/M programs.Because of the ongoing need to meet federal requirements, the commissionroutinely proposes and adopts rules incorporating or designed to satisfyspecific federal requirements. The legislature is presumed to understandthis federal scheme. If each rule proposed by the commission to meeta federal requirement was considered to be a major environmental rulethat exceeds federal law, then each of those rules would require thefull regulatory impact analysis (RIA) contemplated by SB 633. Requiringa full RIA for all federally required rules is inconsistent with theconclusions reached by the commission in its cost estimate and bythe Legislative Budget Board (LBB) in its fiscal notes. Since thelegislature is presumed to understand the fiscal impacts of the billsit passes, and that presumption is based on information provided bystate agencies and the LBB, then the intent of SB 633 is presumedto only to require the full RIA for rules that are extraordinary innature. While the proposed rules may have a broad impact, that impactis no greater than is necessary or appropriate to meet the requirementsof the FCAA and creates no additional impacts since the proposed rulesdo not impose burdens greater than required to demonstrate attainmentof the ozone or CO NAAQS and comply with the requirements for I/Mprograms as discussed elsewhere in this preamble.

For these reasons, the proposed rules fall under the exceptionin Texas Government Code, §2001.0225(a), because they are requiredby, and do not exceed, federal law. The commission has consistentlyapplied this construction to its rules since this statute was enactedin 1997. Since that time, the legislature has revised the Texas GovernmentCode, but left this provision substantially unamended. It is presumedthat "when an agency interpretation is in effect at the time the legislatureamends the laws without making substantial change in the statute,the legislature is deemed to have accepted the agency's interpretation."(Central Power & Light Co. v. Sharp, 919S.W.2d 485, 489 (Tex. App. Austin 1995), writdenied with per curiam opinion respecting another issue, 960S.W.2d 617 (Tex. 1997); Bullock v. MarathonOil Co., 798 S.W.2d 353, 357 (Tex. App. Austin 1990, no writ). Cf. HumbleOil & Refining Co. v. Calvert, 414 S.W.2d 172 (Tex. 1967); Dudney v. State Farm Mut. Auto Ins. Co., 9S.W.3d 884, 893 (Tex. App. Austin 2000); SouthwesternLife Ins. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App. Austin2000, pet. denied); and Coastal Indust. Water Auth. v. Trinity PortlandCement Div., 563 S.W.2d 916 (Tex. 1978).) The commission'sinterpretation of the RIA requirements is also supported by a changemade to the Texas Administrative Procedure Act (APA) by the legislaturein 1999. In an attempt to limit the number of rule challenges basedupon APA requirements, the legislature clarified that state agenciesare required to meet these sections of the APA against the standardof "substantial compliance" (Texas Government Code, §2001.035).The legislature specifically identified Texas Government Code, §2001.0225as subject to this standard.

As discussed in this analysis and elsewhere in this preamble, thecommission has substantially complied with the requirements of TexasGovernment Code, §2001.0225. The proposed rules implement therequirements of the FCAA as discussed in this analysis and elsewherein this preamble. The proposed rules were determined to be necessaryto attain the ozone or CO NAAQS and comply with requirements for I/Mprograms and will not exceed any standard set by state or federallaw. These proposed rules are not an express requirement of statelaw. The proposed rules do not exceed a requirement of a delegationagreement or a contract between state and federal government, as theproposed rules, if adopted by the commission and approved by EPA,will become federal law as part of the approved SIP required by 42U.S.C. §7410, FCAA, §110. The proposed rules were not developedsolely under the general powers of the agency but are authorized byspecific sections of Texas Health and Safety Code, Chapter 382 (alsoknown as the Texas Clean Air Act), and the Texas Water Code, whichare cited in the Statutory Authority section of this preamble, includingTHSC, §§382.011, 382.012, and 382.017. Therefore, this proposedrulemaking action is not subject to the regulatory analysis provisionsof Texas Government Code, §2001.0225(b).

The commission invites public comment regarding the Draft RegulatoryImpact Analysis Determination during the public comment period. Writtencomments on the Draft Regulatory Impact Analysis Determination maybe submitted to the contact person at the address listed under theSubmittal of Comments section of this preamble.

Takings Impact Assessment

Under Texas Government Code, §2007.002(5), taking means agovernmental action that affects private real property, in whole orin part or temporarily or permanently, in a manner that requires thegovernmental entity to compensate the private real property owneras provided by the Fifth and Fourteenth Amendments to the United StatesConstitution or §17 or §19, Article I, Texas Constitution;or a governmental action that affects an owner's private real propertythat is the subject of the governmental action, in whole or in partor temporarily or permanently, in a manner that restricts or limitsthe owner's right to the property that would otherwise exist in theabsence of the governmental action; and is the producing cause ofa reduction of at least 25 percent in the market value of the affectedprivate real property, determined by comparing the market value ofthe property as if the governmental action is not in effect and themarket value of the property determined as if the governmental actionis in effect.

The commission completed a takings impact analysis for the proposedrulemaking action under the Texas Government Code, Chapter 2007. Theprimary purpose of this proposed rulemaking action, as discussed elsewherein this preamble, is to meet federal requirements for the implementationof I/M programs and control strategies necessary to attain and maintainthe NAAQS for ozone or CO mandated by 42 U.S.C. §7410, FCAA, §110.Therefore, Chapter 2007 does not apply to this proposed rulemakingbecause it is an action reasonably taken to fulfill an obligationmandated by federal law, as provided by Texas Government Code, §2007.003(b)(4).

As discussed elsewhere in this preamble, the proposed rulemakingimplements requirements of FCAA, 42 U.S.C. §7410, which requiresstates to adopt a SIP that provides for the implementation, maintenance,and enforcement of the NAAQS in each air quality control region ofthe state. While 42 U.S.C. §7410 generally does not require specificprograms, methods, or reductions in order to meet the standard, I/Mprograms are specifically required by the FCAA. The SIP must includeenforceable emission limitations and other control measures, means,or techniques (including economic incentives such as fees, marketablepermits, and auctions of emissions rights), as well as schedules andtimetables for compliance as may be necessary or appropriate to meetthe applicable requirements of the FCAA. The provisions of the FCAArecognize that states are in the best position to determine what programsand controls are necessary or appropriate in order to meet the NAAQS.This flexibility allows states, affected industry, and the public,to collaborate on the best methods for attaining the NAAQS for thespecific regions in the state. Even though the FCAA allows statesto develop their own programs, this flexibility does not relieve astate from developing a program that meets the requirements of 42U.S.C. §7410. States are not free to ignore the requirementsof 42 U.S.C. §7410 and must develop programs to assure that theircontributions to nonattainment areas are reduced so that these areascan be brought into attainment on the schedule prescribed by the FCAA.

States are required to adopt SIPs with enforceable emission limitationsand other control measures, means, or techniques, as well as schedulesand timetables for compliance, as may be necessary or appropriateto meet the applicable requirements of the FCAA. If a state does notcomply with its obligations under 42 U.S.C. §7410, FCAA, §110to submit SIPs, states are subject to discretionary sanctions under42 U.S.C. §7410(m) or mandatory sanctions under 42 U.S.C. §7509,FCAA, §179; as well as the imposition of a federal implementationplan (FIP) under 42 U.S.C. §7410, FCAA, §110(c).

In addition, the commission's assessment indicates that Texas GovernmentCode, Chapter 2007 does not apply to these proposed rules becausethis action is taken in response to a real and substantial threatto public health and safety; that is designed to significantly advancethe health and safety purpose; and that it does not impose a greaterburden than is necessary to achieve the health and safety purpose.Thus, this action is exempt under Texas Government Code, §2007.003(b)(13).The proposed rules fulfill the FCAA requirement for states to createplans including control strategies to attain and maintain the NAAQS,as discussed elsewhere in this preamble. The proposed rules wouldassist in achieving the timely attainment of the ozone or CO NAAQSand reduced public exposure to ozone or CO. The NAAQS are promulgatedby the EPA in accord with the FCAA, which requires the EPA to identifyand list air pollutants that "cause[s] or contribute[s] to air pollutionwhich may reasonably be anticipated to endanger public health andwelfare" and "the presence of which in the ambient air results fromnumerous or diversion mobile or stationary sources," as required by42 U.S.C. §7408. For those air pollutants listed, the EPA thenis required to issue air quality criteria identifying the latest scientificknowledge regarding on adverse health and welfare effects associatedwith the listed air pollutant, in accord with 42 U.S.C. §7408.For each air pollutant for which air quality criteria have been issued,the EPA must publish proposed primary and secondary air quality standardsbased on the criteria that specify a level of air quality requisiteto protect the public health and welfare from any known or anticipatedadverse effects associated with the presence of the air pollutantin the ambient air, as required by 42 U.S.C. §7409. As discussedelsewhere in this preamble, states have the primary responsibilityto adopt plans designed to attain and maintain the NAAQS.

The proposed rules will not create any additional burden on privatereal property beyond what is required under federal law, as the proposedrules, if adopted by the commission and approved by EPA, will becomefederal law as part of the approved SIP required by 42 U.S.C. §7410,FCAA, §110. The proposed rules will not affect private real propertyin a manner that would require compensation to private real propertyowners under the United States Constitution or the Texas Constitution.The proposal also will not affect private real property in a mannerthat restricts or limits an owner's right to the property that wouldotherwise exist in the absence of the governmental action. Therefore,the proposed rulemaking will not cause a taking under Texas GovernmentCode, Chapter 2007. For these reasons, Texas Government Code, Chapter2007 does not apply to this proposed rulemaking.

Consistency with the Coastal Management Program

The commission reviewed the proposed rulemaking and found the proposalis a rulemaking identified in the Coastal Coordination Act ImplementationRules, 31 TAC §29.11(b)(2) relating to rules subject to the CoastalManagement Program, and will, therefore, require that goals and policiesof the Texas Coastal Management Program (CMP) be considered duringthe rulemaking process.

Note: §29.11(b)(2) applies only to air pollutant emissions,on-site sewage disposal systems, and underground storage tanks. Section29.11(b)(4) applies to all other actions. The commission reviewedthis rulemaking for consistency with the CMP goals and policies inaccordance with the regulations of the Coastal Coordination AdvisoryCommittee and determined that the rulemaking and SIP revision wouldensure that the amendments comply with 40 CFR Part 50, National Primaryand Secondary Air Quality Standards, and 40 CFR Part 51, Requirementsfor Preparation, Adoption, and Submittal of Implementation Plan andis, therefore, consistent with CMP goals and policies.

Written comments on the consistency of this rulemaking may be submittedto the contact person at the address listed under the Submittal ofComments section of this preamble.

Announcement of Hearing

The commission will offer a virtual public hearing on this proposalon July 24, 2024, at 7:00 p.m. The hearing is structured for the receiptof oral or written comments by interested persons. Individuals maypresent oral statements when called upon in order of registration.Open discussion will not be permitted during the hearing; however,commission staff members will be available to discuss the proposal30 minutes prior to the hearing.

Individuals who plan to attend the hearing virtually and want toprovide oral comments and/or want their attendance on record mustregister by Friday, July 17, 2024. To register for the hearing, pleaseemail siprules@tceq.texas.gov and provide the following information:your name, your affiliation, your e-mail address, your phone number,and whether or not you plan to provide oral comments during the hearing.Instructions for participating in the hearing will be sent on Tuesday,July 22, 2024, to those who register for the hearing.

Persons who have special communication or other accommodation needswho are planning to attend the hearing should contact Sandy Wong,Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD).Requests should be made as far in advance as possible.

Submittal of Comments

Written comments may be submitted to Gwen Ricco, MC 205, Officeof Legal Services, Texas Commission on Environmental Quality, P.O.Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic commentsmay be submitted at: https://tceq.commentinput.com/comment/search. File size restrictions may apply to comments being submittedvia the TCEQ Public Comments system. All comments should referenceRule Project Number 2024-013-114-AI. The comment period closes onJuly 29, 2024. Please choose one of the methods provided to submityour written comments.

Copies of the proposed rulemaking can be obtained from the commission'swebsite at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact David Serrins, AirQuality Planning Section, (512) 239-1954.

SUBCHAPTER A. DEFINITIONS

30 TAC §§114.1, 114.2, 114.7

Statutory Authority

The amendments to 30 Texas Administrative Code (TAC) §§114.1,114.2, and 114.7 are proposed under the authority of Texas Water Code(TWC) §5.103, concerning Rules; TWC §5.105, concerning GeneralPolicy, which authorize the commission to carry out its powers andduties under the TWC; TWC §7.0002, concerning Enforcement Authority,which authorizes the commission to enforce the provisions of the WaterCode and the Health and Safety Code within the commission's jurisdiction;and under Texas Health and Safety Code (THSC) §382.017, concerningRules, which authorizes the commission to adopt rules consistent withthe policy and purpose of the Texas Clean Air Act (TCAA).

The amendments to 30 TAC Chapter 114 are also proposed under THSC §382.002,concerning Policy and Purpose, which establishes the commission'spurpose to safeguard the state's air resources, consistent with theprotection of public health, general welfare, and physical property;THSC §382.011, concerning General Powers and Duties, which authorizesthe commission to control the quality of the state's air; THSC §382.051,concerning Permitting Authority of the Commission of the Commission;Rules which authorizes the commission to adopt rules as necessaryto comply with changes in federal law or regulations applicable topermits issued under the TCAA. Additionally, the amendments to 30TAC Chapter 114 are authorized under THSC §382.202, concerningVehicle Emissions Inspection and Maintenance (I/M) Program, whichauthorizes the commission to establish vehicle fuel content standardsafter January 1, 2004, as long as distribution of low emission dieselas described in the state implementation plan (SIP) is not requiredprior to February 1, 2005; THSC §382.203, concerning VehiclesSubject to Program; Exemptions, which establishes which vehicles aresubject to the I/M program and which are exempt from it; and THSC §382.205,concerning Inspection Equipment and Procedures, which authorizes thecommission to adopt standards and specifications for motor vehicleemissions testing equipment, recordkeeping and reporting procedures,and measurable emissions standards, as well as consult with the Departmentof Public Safety (DPS) of the State of Texas.

§114.1.Definitions.

Unless specifically defined in Texas Health and Safety Code,Chapter 382, also known as the Texas Clean Air Act (TCAA), or in therules of the commission, the terms used by the commission have themeanings commonly ascribed to them in the field of air pollution control.In addition to the terms which are defined by the TCAA, the followingwords and terms, when used in this chapter, have the following meanings,unless the context clearly indicates otherwise.

(1) Dual-fuel vehicle--Any motor vehicle or motor vehicleengine engineered and designed to be operated on two different fuels,but not a mixture of the two.

(2) Emergency vehicle--A vehicle defined as an authorizedemergency vehicle according to Texas Transportation Code, §541.201(1).

(3) Emissions--The emissions of oxides of nitrogen,volatile organic compounds, carbon monoxide, particulate, or any combinationof these substances.

[(4) First safety inspection certificate--InitialTexas Department of Public Safety (DPS) certificates issued throughDPS-certified inspection stations for every new vehicle found to bein compliance with the rules and regulations governing safety inspections.Beginning on the single sticker transition date as defined in thissection, the safety inspection certificates will no longer be used.]

[(5) First vehicle registration--Initialvehicle registration insignia sticker issued through the Texas Departmentof Motor Vehicles for every new vehicle found to be in compliancewith the rules and regulations governing vehicle registration priorto the single sticker transition date as defined in this section andvehicle registration and safety inspections beginning on the singlesticker transition date].

(4) [~~(6)~~] Gross vehicle weightrating--The value specified by the manufacturer as the maximum designloaded weight of a vehicle. This is the weight as expressed on thevehicle's registration and includes the weight the vehicle can carryor draw.

(5)[~~(7)~~] Law enforcement vehicle--Anyvehicle controlled by a local government and primarily operated bya civilian or military police officer or sheriff, or by state highwaypatrols, or other similar law enforcement agencies, and used for thepurpose of law enforcement activities including, but not limited to,chase, apprehension, surveillance, or patrol of people engaged inor potentially engaged in unlawful activities.

(6) [~~(8)~~] Single sticker transitiondate--The transition date of the single sticker system is the laterof March 1, 2015, or the date that the Texas Department of Motor Vehicles (DMV) and the Texas Department of Public Safety (DPS) concurrentlyimplement the single sticker system required by Texas TransportationCode, §502.047.

(7) [~~(9)~~] Texas Inspection andMaintenance State Implementation Plan--The portion of the Texas stateimplementation plan that includes the procedures and requirementsof the vehicle emissions inspection and maintenance program as adoptedby the commission and approved by the EPA. A copy of the Texas Inspectionand Maintenance State Implementation Plan is available at the TexasCommission on Environmental Quality, 12100 Park 35 Circle, Austin,Texas, 78753; mailing address: P.O. Box 13087, MC 206, Austin, Texas 78711-3087.

(8) [~~(10)~~] Vehicle registration--Vehiclecharacteristics, corresponding owner information, and registrationexpiration date contained in the DMV [~~Texas Departmentof Motor Vehicles~~] registration system.

(9) [~~(11)~~] Vehicle registrationinsignia sticker--The sticker issued through the DMV [~~TexasDepartment of Motor Vehicles (DMV)~~] or county tax assessor-collectorfor a vehicle compliant with the DMV regulations. The [~~Beginningon the single sticker transition date as defined in this section,the~~] vehicle registration insignia sticker, a current valid vehicleinspection report (VIR) [~~VIR~~], or other form of proofauthorized by the DPS or the DMV will be used as proof of compliancewith inspection and maintenance program requirements, the DMV's rulesand regulations governing vehicle registration, and the DPS's [~~Texas Department of Public Safety's~~] rules and regulations governing[~~safety~~] inspections.

§114.2.Inspection and Maintenance Definitions.

Unless specifically defined in Texas Health and Safety Code,Chapter 382, also known as the Texas Clean Air Act (TCAA), or in therules of the commission, the terms used by the commission have themeanings commonly ascribed to them in the field of air pollution control.In addition to the terms that are defined by the TCAA, the followingwords and terms, when used in Subchapter C of this chapter (relatingto Vehicle Inspection and Maintenance; Low Income Vehicle Repair Assistance,Retrofit, and Accelerated Vehicle Retirement Program; and Early ActionCompact Counties), have the following meanings, unless the contextclearly indicates otherwise.

[(1) Acceleration simulation mode(ASM-2) test--An emissions test using a dynamometer (a set of rollerson which a test vehicle's tires rest) that applies an increasing loador resistance to the drive train of a vehicle, thereby simulatingactual tailpipe emissions of a vehicle as it is moving and accelerating.The ASM-2 vehicle emissions test is comprised of two phases:]

[(A) the 50/15 mode--in which the vehicle is testedfor 90 seconds upon reaching and maintaining a constant speed of 15miles per hour (mph) on a dynamometer that simulates accelerationat a rate of 3.3 mph per second by using 50% of the vehicle availablehorsepower; and]

[(B) the 25/25 mode--in which the vehicle is testedfor 90 seconds upon reaching and maintaining a constant speed of 25mph on a dynamometer that simulates acceleration at a rate of 3.3mph per second by using 25% of the vehicle available horsepower.]

[(2) Consumer price index--The consumerprice index for any calendar year is the average of the consumer priceindex for all-urban consumers published by the United States Departmentof Labor, as of the close of the 12-month period ending on August31 of the calendar year.]

[(3) Controller area network (CAN)--Avehicle manufacturer's communications protocol that connects to thevarious electronic modules in a vehicle. CAN provides one protocolthat collects information from the vehicle's electronic systems includingthe on-board diagnostics (OBD) emissions testing system. The UnitedStates Environmental Protection Agency requires the CAN protocol tobe installed in OBD-compliant vehicles beginning with some model year2003 vehicles and phasing in to all OBD-compliant vehicles by the2008 model year.]

[(4) Low-volume emissions inspectionstation--A vehicle emissions inspection station that meets all criteriafor obtaining a low-volume waiver from the Texas Department of Public Safety.]

(1) [~~(5)~~] Motorist--A personor other entity responsible for the inspection, repair, and maintenanceof a motor vehicle, which may include, but is not limited to, ownersand lessees.

(2) [~~(6)~~] On-board diagnostic(OBD) system--The computer system installed in a vehicle by the manufacturerthat monitors the performance of the vehicle emissions control equipment,fuel metering system, and ignition system for the purpose of detectingmalfunction or deterioration in performance that would be expectedto cause the vehicle not to meet emissions standards. All referencesto OBD should be interpreted to mean the second generation of thisequipment, sometimes referred to as OBD II.

(3) [~~(7)~~] On-road test--Utilizationof remote sensing technology to identify vehicles operating withinthe inspection and maintenance program areas that have a high probabilityof being high-emitters.

(4) [~~(8)~~] Out-of-cycle test--Requiredemissions test not associated with vehicle safety inspection testing cycle.

(5) [~~(9)~~] Primarily operated--Useof a motor vehicle greater than 60 calendar days per testing cyclein an affected county. Motorists shall comply with emissions requirementsfor such counties. It is presumed that a vehicle is primarily operatedin the county in which it is registered.

(6) [~~(10)~~] Program area--Countyor counties in which the Texas Department of Public Safety, in coordinationwith the commission, administers the vehicle emissions inspectionand maintenance program contained in the Texas Inspection and MaintenanceState Implementation Plan. These program areas include:

(A) the Dallas-Fort Worth program area, consistingof the following counties: Collin, Dallas, Denton, Ellis, Johnson,Kaufman, Parker, Rockwall, and Tarrant;

(B) the El Paso program area, consisting of El Paso County;

(C) the Houston-Galveston-Brazoria program area, consistingof Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties; and

[(D)the extended Dallas-Fort Worthprogram area, consisting of Ellis, Johnson, Kaufman, Parker, and RockwallCounties. These counties became part of the program area as of May1, 2003; and]

(D) [~~(E)~~] the Bexar County programarea, consisting of Bexar County.

(7) Rental vehicle-- A motor vehiclefor which a rental certificate has been furnished as provided by TexasTax Code §152.061.

(8) [~~(11)~~] Retests--Successivevehicle emissions inspections following the failing of an initialtest by a vehicle during a single testing cycle.

(9) [~~(12)~~] Testing cycle--The [Before the single sticker transition date as defined in §114.1of this title (relating to Definitions), the annual cycle commencingwith the first safety inspection certificate expiration date for whicha motor vehicle is subject to a vehicle emissions inspection or beginningon the single sticker transition date, the] annual cycle commencingwith the first vehicle registration expiration date for which a motorvehicle is subject to a vehicle emissions inspection.

~~[(13) Two-speed idle (TSI) inspectionand maintenance test--A measurement of the tailpipe exhaust emissionsof a vehicle while the vehicle idles, first at a lower speed and thenagain at a higher speed.]~~

[(14) Uncommon part--A part that takesmore than 30 days for expected delivery and installation where a motoristcan prove that a reasonable attempt made to locate necessary emissioncontrol parts by retail or wholesale part suppliers will exceed theremaining time prior to expiration of:]

[(A) the vehicle safety inspection certificate priorto the single sticker transition date as defined in §114.1 ofthis title (relating to Definitions);]

[(B) the vehicle registration beginning on the singlesticker transition date as defined in §114.1 of this title; or]

[(C) the 30-day period following an out-of-cycle inspection.]

§114.7.Low Income Vehicle Repair Assistance,Retrofit, and Accelerated Vehicle Retirement Program Definitions.

Unless specifically defined in the Texas Clean Air Act (TCAA)or in the rules of the commission, the terms used in this chapterhave the meanings commonly ascribed to them in the field of air pollutioncontrol. In addition to the terms which are defined by the TCAA, §§3.2,101.1, and 114.1 of this title (relating to Definitions), the followingwords and terms, when used in Subchapter C, Division 2 of this chapter(relating to Low Income Vehicle Repair Assistance, Retrofit, and AcceleratedVehicle Retirement Program) have the following meanings, unless thecontext clearly indicates otherwise.

(1) Affected county--A county with a motor vehicleemissions inspection and maintenance program established under TexasTransportation Code, §548.301.

[(2) Automobile dealership--A businessthat regularly and actively buys, sells, or exchanges vehicles atan established and permanent location as defined under Texas TransportationCode, §503.301. The term includes a franchised motor vehicledealer and an independent motor vehicle dealer.]

(2) [~~(3)~~] Car--A motor vehicle,other than a golf cart, truck or bus, designed or used primarily forthe transportation of persons. A passenger van or sports utility vehiclemay be considered a car under this section.

(3) [~~(4)~~] Commercial vehicle--Avehicle that is owned or leased in the regular course of businessof a commercial or business entity.

(4) Dealer--A person who regularlyand actively buys, sells, or exchanges vehicles at an establishedand permanent location as defined under Texas Transportation Code, §503.001.The term includes a franchised motor vehicle dealer and an independentmotor vehicle dealer.

(5) Destroyed--Crushed, shredded, scrapped, or otherwisedismantled to render a vehicle, vehicle's engine, or emission controlcomponents permanently and irreversibly incapable of functioning asoriginally intended.

(6) Dismantled--Extraction of parts, components, andaccessories for use in the Low Income Vehicle Repair Assistance, Retrofit,and Accelerated Vehicle Retirement Program or sold as used parts.

(7) Electric vehicle--A motor vehicle that draws propulsionenergy only from a rechargeable energy storage system.

(8) Emissions control equipment--Relating to a motorvehicle that is subject to §114.50(a) of this title (relatingto Vehicle Emissions Inspection Requirements). If the vehicle is soequipped, these include: exhaust gas recirculation system, power controlmodule, catalytic converter, oxygen sensors, evaporative purge canister,positive crankcase ventilation valve, and gas cap.

(9) Engine--The fuel-based mechanical power sourceof a motor vehicle that is subject to §114.50(a) of this title(relating to Vehicle Emissions Inspection Requirements), which includesthe crankcase, cylinder block, and cylinder head(s) and their initialinternal components, the oil pan and cylinder head valve covers, andthe intake and exhaust manifolds.

(10) Fleet vehicle--A motor vehicle operated as oneof a group that consists of more than ten motor vehicles and thatis owned and operated by a public or commercial entity or by a privateentity other than a single household.

(11) Hybrid vehicle--A motor vehicle that draws propulsionenergy from both gasoline or conventional diesel fuel and a rechargeableenergy storage system.

(12) LIRAP--Low Income Vehicle Repair Assistance, Retrofit,and Accelerated Vehicle Retirement Program.

(13) LIRAP fee--The portion of the vehicle emissionsinspection fee that is required to be remitted to the state at thetime of annual vehicle registration, as authorized by Texas Healthand Safety Code, §382.202, in counties participating in the LowIncome Vehicle Repair Assistance, Retrofit, and Accelerated VehicleRetirement Program.

(14) LIRAP fee termination date--The first day of themonth for the month that the Texas Department of Motor Vehicles issuesregistration notices without the Low Income Vehicle Repair Assistance,Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) fee,as defined in this section, in a participating county opting out ofthe LIRAP.

(15) LIRAP opt-out effective date--The date upon whicha county that was participating in the Low Income Vehicle Repair Assistance,Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) becomesa non-participating county, which occurs when the grant contract betweenthe county and the executive director, established in §114.64(a)of this title (relating to LIRAP Requirements), is ended, but no earlierthan the LIRAP fee termination effective date.

(16) Motor vehicle--A fully self-propelled vehiclehaving four wheels that has as its primary purpose the transport ofa person, persons, or property on a public highway.

(17) Natural gas vehicle--A motor vehicle that usesonly compressed natural gas or liquefied natural gas as fuel.

(18) Non-participating county--An affected county thathas either:

(A) not opted into the Low Income Vehicle Repair Assistance,Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) authorizedby Texas Health and Safety Code, §382.209; or

(B) opted out of the LIRAP according to the proceduresspecified in §114.64(g) of this title (relating to LIRAP Requirements)and has been released from all program requirements, including assessmentof the LIRAP fee as defined in this section and participation in LIRAPgrant programs.

(19) Participating county--An affected county in whichthe commissioners court by resolution has chosen to implement a LowIncome Vehicle Repair Assistance, Retrofit, and Accelerated VehicleRetirement Program (LIRAP) authorized by Texas Health and Safety Code, §382.209.An affected county that is in the process of opting out of the LIRAPis considered a participating county until the LIRAP opt-out effectivedate as defined in this section.

(20) Proof of sale--A notice of sale or transfer filedwith the Texas Department of Motor Vehicles as required under TexasTransportation Code, §503.005, or if unavailable, an affidavitfrom the selling dealer or documents approved by the commission.

(21) Proof of transfer--A TCEQ form that identifiesthe vehicle to be destroyed and tracks the transfer of the vehicleto the recycler from the participating county, [~~automobile~~]dealer, and dismantler.

(22) Qualifying motor vehicle--A motor vehicle thatmeets the requirements for replacement in §114.64 of this title(relating to LIRAP Requirements).

(23) Recognized emissions repair facility--An automotiverepair facility as provided in 37 Texas Administrative Code §23.51(relating to Vehicle Emissions Inspection Requirements).

(24) Recycled--Conversion of metal or other materialinto raw material products that have prepared grades; an existingor potential economic value; and using these raw material productsin the production of new products.

(25) Replacement vehicle--A vehicle that is in a classor category of vehicles that has been certified to meet federal Tier2, Bin 5 or cleaner Bin certification under 40 Code of Federal Regulations §86.1811-04or federal Tier 3, Bin 160 or cleaner Bin certification under 40 Codeof Federal Regulations (CFR) §86.1811-17; has a gross vehicleweight rating of less than 10,000 pounds; have an odometer readingof not more than 70,000 miles; the total cost does not exceed $35,000and up to $45,000 for hybrid, electric, or natural gas vehicles, orvehicles certified as Tier 2, Bin 3 or cleaner Bin certification under40 CFR §86.1811-04 or federal Tier 3, Bin 85 or cleaner Bin certificationunder 40 CFR §86.1811-17; and has passed a Texas Departmentof Public Safety motor vehicle [~~safety inspection or safety and~~]emissions inspection within the 15-month period before the applicationis submitted.

(26) Retrofit--To equip, or the equipping of, an engineor an exhaust or fuel system with new, emissions-reducing parts orequipment designed to reduce air emissions and improve air quality,after the manufacture of the original engine or exhaust or fuel system,so long as the parts or equipment allow the vehicle to meet or exceedstate and federal air emissions reduction standards.

(27) Retrofit equipment--Emissions-reducing equipmentdesigned to reduce air emissions and improve air quality that is approvedby the United States Environmental Protection Agency and is installedafter the manufacture of the original engine, exhaust, or fuel system.

(28) Total cost--The total amount of money paid orto be paid for the purchase of a motor vehicle as set forth as thesales price in the form entitled "Application for Texas Certificateof Title" promulgated by the Texas Department of Motor Vehicles. Ina transaction that does not involve the use of that form, the termmeans an amount of money that is equivalent, or substantially equivalent,to the amount that would appear as the sales price on the applicationfor Texas Certificate of Title if that form were used.

(29) Truck--A motor vehicle having a gross vehicleweight rating of less than 10,000 pounds and designed primarily forthe transport of persons and cargo.

(30) Vehicle--A motor vehicle subject to §114.50(a)of this title (relating to Vehicle Emissions Inspection Requirements).

(31) Vehicle owner--For the purposes of repair assistanceor retrofit, the person who holds the Certificate of Title for thevehicle and/or the operator who is granted possession and is authorizedto make repairs under a lease or purchase agreement; and for the purposesof accelerated retirement, the person who holds the Certificate ofTitle for the vehicle.

(32) Vehicle retirement facility--A facility that,at a minimum, is licensed, certified, or otherwise authorized by theTexas Department of Motor Vehicles to destroy, recycle, or dismantle vehicles.

The agency certifies that legal counsel hasreviewed the proposal and found it to be within the state agency'slegal authority to adopt.

Filed with the Office of the Secretary of State on June 13, 2024.

TRD-202402578

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-6087

SUBCHAPTER C. VEHICLE INSPECTION AND MAINTENANCE; LOW INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM; AND EARLY ACTION COMPACT COUNTIES

DIVISION 1. VEHICLE INSPECTION AND MAINTENANCE

30 TAC §§114.50, 114.51, 114.53

Statutory Authority

The amendments to 30 Texas Administrative Code (TAC) §§114.50,114.51, and 114.53 are proposed under the authority of Texas WaterCode (TWC) §5.103, concerning Rules; TWC §5.105, concerningGeneral Policy, which authorize the commission to carry out its powersand duties under the TWC; TWC §7.0002, concerning EnforcementAuthority, which authorizes the commission to enforce the provisionsof the Water Code and the Health and Safety Code within the commission'sjurisdiction; and under Texas Health and Safety Code (THSC) §382.017,concerning Rules, which authorizes the commission to adopt rules consistentwith the policy and purpose of the Texas Clean Air Act (TCAA).

§114.50.Vehicle Emissions Inspection Requirements.

(a) Applicability. The requirements of this sectionand those contained in the Texas Inspection and Maintenance (I/M)State Implementation Plan (SIP) must be applied to all gasoline-poweredmotor vehicles 2 - 24 years old and subject to an annual emissionsinspection, with the exception of rental vehicles as definedin §114.2 of this title (relating to Inspection and MaintenanceDefinitions) which are subject to an annual emissions inspection at3 - 24 years old [~~beginning with the first safety inspection~~].Military tactical vehicles, motorcycles, diesel-powered vehicles,dual-fueled vehicles that cannot operate using gasoline, and antiquevehicles registered with the Texas Department of Motor Vehicles areexcluded from the program. Inspection [~~Safety inspection~~]facilities and inspectors certified by the Texas Department of PublicSafety (DPS) must inspect all subject vehicles in the following programareas as defined in §114.2 of this title [~~(relating to Inspectionand Maintenance Definitions),~~] in accordance with the following schedule.

(1) All 1996 and newer model year vehicles registeredand primarily operated in the Dallas-Fort Worth (DFW) program area,the Houston-Galveston-Brazoria (HGB) program area, or El Paso Countyequipped with on-board diagnostic (OBD) systems must be tested usingUnited States Environmental Protection Agency (EPA)-approved OBD testprocedures. [~~This paragraph applies to all vehicles registeredand primarily operated in El Paso County, the Dallas-Fort Worth (DFW)program area, and the Houston-Galveston-Brazoria (HGB) program area.~~]

[(A) Beginning May 1, 2002, all 1996and newer model year vehicles registered and primarily operated inCollin, Dallas, Denton, and Tarrant Counties equipped with on-boarddiagnostic (OBD) systems must be tested using United States EnvironmentalProtection Agency (EPA)-approved OBD test procedures.]

[(B) Beginning May 1, 2002, all pre-1996model year vehicles registered and primarily operated in Collin, Dallas,Denton, and Tarrant Counties must be tested using an accelerationsimulation mode (ASM-2) test or a vehicle emissions test approvedby the EPA.]

[(C) All vehicle emissions inspectionstations in affected program areas must offer both the ASM-2 testand the OBD test except low volume emissions inspection stations.If an owner or operator wishes to have his or her station classifiedas a low volume emissions inspection station, the station owner oroperator shall petition the DPS in accordance with the rules and proceduresestablished by the DPS.]

[(2) This paragraph applies to allvehicles registered and primarily operated in the extended DFW (EDFW)program area.]

[(A) Beginning May 1, 2003, all 1996 and newer modelyear vehicles registered and primarily operated in Ellis, Johnson,Kaufman, Parker, and Rockwall Counties equipped with OBD systems mustbe tested using EPA-approved OBD test procedures.]

[(B) Beginning May 1, 2003, all pre-1996 model yearvehicles registered and primarily operated in Ellis, Johnson, Kaufman,Parker, and Rockwall Counties must be tested using an ASM-2 test ora vehicle emissions test approved by the EPA.]

[(C) All vehicle emissions inspection stations in affectedprogram areas must offer both the ASM-2 test and the OBD test exceptlow volume emissions inspection stations. If an owner or operatorwishes to have his or her station classified as a low volume emissionsinspection station, the station owner or operator shall petition theDPS in accordance with the rules and procedures established by the DPS.]

[(3) This paragraph applies to allvehicles registered and primarily operated in the Houston-Galveston-Brazoria(HGB) program area.]

[(A) Beginning May 1, 2002, all 1996 and newer modelyear vehicles registered and primarily operated in Harris County equippedwith OBD systems must be tested using EPA-approved OBD test procedures.]

[(B) Beginning May 1, 2002, all pre-1996 model yearvehicles registered and primarily operated in Harris County must betested using an ASM-2 test or a vehicle emissions test approved bythe EPA.]

[(C) All vehicle emissions inspection stations in affectedprogram areas must offer both the ASM-2 test and the OBD test exceptlow volume emissions inspection stations. If an owner or operatorwishes to have his or her station classified as a low volume emissionsinspection station, the station owner or operator shall petition theDPS in accordance with the rules and procedures established by the DPS.]

[(D) Beginning May 1, 2003, all 1996 and newer modelyear vehicles equipped with OBD systems and registered and primarilyoperated in Brazoria, Fort Bend, Galveston, and Montgomery Countiesmust be tested using EPA-approved OBD test procedures.]

[(E) Beginning May 1, 2003, all pre-1996 model yearvehicles registered and primarily operated in Brazoria, Fort Bend,Galveston, and Montgomery Counties must be tested using the ASM-2test procedures or a vehicle emissions test approved by the EPA.]

[(4) This paragraph applies to allvehicles registered and primarily operated in the El Paso program area.]

[(A) All vehicles must be tested using a two-speedidle (TSI) test through December 31, 2006.]

[(B) Beginning January 1, 2007, all 1996 and newermodel year vehicles equipped with OBD systems must be tested usingEPA-approved OBD test procedures.]

[(C) Beginning January 1, 2007, all pre-1996 modelyear vehicles must be tested using a TSI test.]

[(D) Beginning January 1, 2007, all vehicle emissionsinspection stations in the El Paso program area must offer both theTSI test and OBD test.]

(2) [~~(5)~~] This paragraph appliesto all vehicles registered and primarily operated in the Bexar Countyprogram area.

(A) Beginning November 1, 2026, all 2 - 24 year oldsubject vehicles equipped with OBD systems must be tested using EPA-approvedOBD test procedures.

(B) Beginning November 1, 2026, all vehicle emissionsinspection stations in the Bexar County program area must offer theOBD test.

(b) Control requirements.

(1) No person or entity may operate, or allow the operationof, a motor vehicle registered in the DFW, [~~EDFW,~~] HGB,El Paso, and Bexar County program areas that does not comply with:

[(A) all applicable air pollutionemissions control-related requirements included in the annual vehiclesafety inspection requirements administered by the DPS as evidencedprior to the single sticker transition date as defined in §114.1of this title (relating to Definitions) by a current valid inspectioncertificate affixed to the vehicle windshield, a current valid vehicleinspection report (VIR), or other form of proof authorized by the DPS;]

(A) [~~(B)~~] All [~~beginningon the single sticker transition date, all~~] applicable air pollutionemissions control-related requirements included in the annual vehicle[~~safety~~] inspection requirements administered by the DPS,as evidenced by a current valid vehicle registration insignia sticker,a current valid vehicle inspection report (VIR) [~~VIR~~],or other form of proof authorized by the DPS or the DMV; and

(B) [~~(C)~~] the vehicle emissionsI/M requirements contained in this subchapter.

[(2) All federal government agenciesmust require a motor vehicle operated by any federal government agencyemployee on any property or facility under the jurisdiction of thefederal government agency and located in a program area to complywith all vehicle emissions I/M requirements specified in Texas Healthand Safety Code, Subchapter G, §§382.201 - 382.216 (concerningVehicle Emissions), and this chapter. Commanding officers or directorsof federal facilities shall certify annually to the executive director,or appointed designee, that all subject vehicles have been testedand are in compliance with the Federal Clean Air Act (42 United StatesCode, §§7401 et seq.). This requirement will not apply tovisiting federal government agency, employee, or military personnelvehicles as long as such visits do not exceed 60 calendar days per year.]

(2) [~~(3)~~] Any motorist in theDFW, [~~EDFW,~~] HGB, El Paso, or Bexar County program areaswho has received a notice from an emissions inspection station thatthere are recall items unresolved on his or her motor vehicle shouldfurnish proof of compliance with the recall notice prior to the nextvehicle emissions inspection, such as a written statement from the dealer [~~dealership~~] or leasing agency indicating that emissionsrepairs have been completed.

(3) [~~(4)~~] A motorist whose vehiclehas failed an emissions test may request a challenge retest throughthe DPS. If the retest is conducted within 15 days of the initialinspection, the retest is free.

(4) [~~(5)~~] A motorist whose vehiclehas failed an emissions test and has not requested a challenge retestor whose vehicle has failed a challenge retest shall have emissions-relatedrepairs performed and submit a properly completed vehicle repair form(VRF) in order to receive a retest. In order to receive a waiver ortime extension, the motorist shall submit a VRF or applicable documentationas deemed necessary by the DPS.

(5) [~~(6)~~] A motorist whose vehicleis registered in the DFW, [~~EDFW,~~] HGB, El Paso, or BexarCounty program areas or in any county adjacent to a program area andwhose vehicle has failed an on-road test administered by the DPS shall:

(A) submit the vehicle for an out-of-cycle vehicleemissions inspection within 30 days of written notice by the DPS; and

(B) satisfy all inspection, extension, or waiver requirementsof the vehicle emissions I/M program specified in 37 TAC Chapter 23,Subchapter E (relating to Vehicle Emissions Inspection and Maintenance Program).

(6) [~~(7)~~] A subject vehicle registeredin a county without an I/M program that meets the applicability criteriaof subsection (a) of this section and the ownership of which has changedthrough a retail sale as defined by Texas Occupations Code, §2301.002,is not eligible for title receipt or registration in a county withan I/M program unless proof is presented that the vehicle has passedan approved vehicle emissions inspection within 90 days before thetitle transfer. The evidence of proof required may be in the formof the VIR [~~vehicle inspection report (VIR)~~]or another proof of the program compliance as authorized by the DPS.All 1996 and newer model year vehicles with less than 50,000 milesare exempt from the test-on-resale requirements of this paragraph.

(7) [~~(8)~~] State, governmental,and quasi-governmental agencies that fall outside the normal registrationor inspection process must comply with all vehicle emissions I/M requirementsfor vehicles primarily operated in I/M program areas.

(c) Waivers and extensions. A motorist may apply tothe DPS for a waiver or an extension as specified in 37 TAC Chapter23, Subchapter E, which defers the need for full compliance with vehicleemissions standards for a specified period of time after failing avehicle emissions inspection.

(d) Prohibitions.

(1) No person may issue or allow the issuance of aVIR, as authorized by the DPS unless [~~all applicable air pollutionemissions control-related requirements of the annual vehicle safetyinspection and~~] the vehicle emissions I/M requirements are completelyand properly performed in accordance with the rules and regulationsadopted by the DPS and the commission. Prior to taking any enforcementaction regarding this provision, the commission must consult withthe DPS.

(2) No [Before the single sticker transitiondate as defined in §114.1 of this title, no person may allowor participate in the preparation, duplication, sale, distribution,or use of false, counterfeit, or stolen safety inspection certificates,VIRs, VRFs, vehicle emissions repair documentation, or other documentsthat may be used to circumvent applicable vehicle emissions I/M requirementsand to commit an offense specified in Texas Transportation Code, §548.603(concerning Fictitious or Counterfeit Inspection Certificate or InsuranceDocument). Beginning on the single sticker transition date, no]person may allow or participate in the preparation, duplication, sale,distribution, or use of false, counterfeit, or stolen vehicle registrationinsignia stickers, VIRs, VRFs, vehicle emissions repair documentation,or other documents that may be used to circumvent applicable vehicleemissions I/M requirements and to commit an offense specified in TexasTransportation Code, §548.603 (concerning Fictitious orCounterfeit Inspection Certificate or Insurance Document).

(3) No organization, business, person, or other entitymay represent itself as an emissions inspector certified by the DPSunless such certification has been issued under the certificationrequirements and procedures contained in Texas Transportation Code, §§548.401- 548.404.

(4) No person may act as or offer to perform servicesas a Recognized Emissions Repair Technician of Texas, as designatedby the DPS, without first obtaining and maintaining DPS recognition.

§114.51.Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers.

(a) Any manufacturer or distributor of vehicle testingequipment may apply to the executive director of the commission orhis appointee, for approval of an exhaust gas analyzer or analyzersystem for use in the Texas Inspection and Maintenance (I/M) programadministered by the Texas Department of Public Safety. Each manufacturershall submit a formal certificate to the commission stating that anyanalyzer model sold or leased by the manufacturer or its authorizedrepresentative and any model currently in use in the I/M program willsatisfy all design and performance criteria set forth in the mostrecent version of the "Specifications for Vehicle Exhaust Gas AnalyzerSystems for Use in the Texas Vehicle Emissions Testing Program." Copiesof this document are available at the commission's Central Office,located at 12100 Park 35 Circle, Austin, Texas 78753 or at https://www.tceq.texas.gov/downloads/air-quality/mobile-source/txvehanlspecs.pdf. [~~http://www.tceq.state.tx.us/assets/public/implementation/air/ms/IM/txvehanlspecs.pdf.~~] The manufacturer shall also provide sufficient documentationto demonstrate conformance with these criteria including a completedescription of all hardware components, the results of appropriateperformance testing, and a point-by-point response to each specific requirement.

(b) All equipment must be tested by an independenttest laboratory. The cost of the certification must be absorbed bythe manufacturer. The conformance demonstration must include, butis not limited to:

(1) certification that equipment design and constructionconform with the specifications referenced in subsection (a) of this section;

(2) documentation of successful results from appropriateperformance testing;

(3) evidence of necessary changes to internal computerprogramming, display format, and data recording sequence;

(4) a commitment to fulfill all maintenance, repair,training, and other service requirements described in the specificationsreferenced in subsection (a) of this section. A copy of the minimumwarranty agreement to be offered to the purchaser of an approved vehicleexhaust gas analyzer must be included in the demonstration of conformance; and

(5) documentation of communication ability using protocolprovided by the commission or the commission Texas Information ManagementSystem (TIMS) contractor.

(c) If a review of the demonstration of conformanceand all related support material indicates compliance with the criterialisted in subsections (a) and (b) of this section, the executive directoror his appointee may issue a notice of approval to the analyzer manufacturerthat endorses the use of the specified analyzer or analyzer systemin the Texas I/M program.

(d) The applicant shall comply with all special provisionsand conditions specified by the executive director or his appointeein the notice of approval.

(e) Any manufacturer or distributor that receives anotice of approval from the executive director or the executive director'sappointee for vehicle emissions test equipment for use in the TexasI/M program may be subject to appropriate enforcement action and penaltiesprescribed in the Texas Clean Air Act or the rules and regulationspromulgated thereunder if:

(1) any information included in the conformance demonstrationas required in subsection (b) of this section is misrepresented resultingin the purchase or operation of equipment in the Texas I/M programthat does not meet the specifications referenced in subsection (a)of this section;

(2) the applicant fails to comply with any requirementor commitment specified in the notice of approval issued by the executivedirector or implied by the representations submitted by the applicantin the conformance demonstration required by subsection (b) of this section;

(3) the manufacturer or distributor fails to provideon-site service response by a qualified repair technician within twobusiness days of a request from an inspection station, excluding Sundays,national holidays (New Year's Day, Martin Luther King Jr. Day, President'sDay, Memorial Day, Independence Day, Labor Day, Veteran's Day, ThanksgivingDay, and Christmas Day), and other days when a purchaser's businessmight be closed;

(4) the manufacturer or distributor fails to fulfill,on a continuing basis, the requirements described in this sectionor in the specifications referenced in subsection (a) of this section; or

(5) the manufacturer fails to provide analyzer softwareupdates within six months of request and fails to install analyzerupdates within 90 days of commission written notice of acceptance.

§114.53.Inspection and Maintenance Fees.

(a) The following fees must be paid for an emissionsinspection of a vehicle at an inspection station. This fee must includeone free retest should the vehicle fail the emissions inspection providedthat the motorist has the retest performed at the same station wherethe vehicle originally failed and submits, prior to the retest, aproperly completed vehicle repair form showing that emissions-relatedrepairs were performed and the retest is conducted within 15 daysof the initial emissions test.

(1) In the Dallas-Fort Worth programarea, the Houston-Galveston-Brazoria program area, and El Paso County,any emissions inspection station required to conduct an emissionstest in accordance with §114.50(a)(1) of this title (relatingto Vehicle Emissions Inspection Requirements) must collect a fee notto exceed $18.50.

[(1) In El Paso County beginning May1, 2002 and ending on the day before the single sticker transitiondate as defined in §114.1 of this title (relating to Definitions),any emissions inspection station required to conduct an emissionstest in accordance with §114.50(a)(4)(A), (B), or (C) of thistitle (relating to Vehicle Emissions Inspection Requirements) mustcollect a fee of $14 and remit $2.50 to the Texas Department of PublicSafety (DPS). If the El Paso County Commissioners Court adopts a resolutionthat is approved by the commission to participate in the Low IncomeVehicle Repair Assistance, Retrofit, and Accelerated Vehicle RetirementProgram (LIRAP), the emissions inspection station in El Paso Countymust collect a fee of $16 and remit to the DPS $4.50 beginning uponthe date specified by the commission and ending on the day beforethe single sticker transition date. Beginning on the single stickertransition date, any emissions inspection station in El Paso Countyrequired to conduct an emissions test in accordance with §114.50(a)(4)(A),(B), or (C) of this title must collect a fee not to exceed $11.50.]

[(2) In the Dallas-Fort Worth programarea beginning May 1, 2002 and ending on the day before the singlesticker transition date as defined in §114.1 of this title, anyemissions inspection station required to conduct an emissions testin accordance with §114.50(a)(1)(A) or (B) of this title andin the extended Dallas-Fort Worth program area beginning May 1, 2003and ending on the day before the single sticker transition date, anyemissions inspection station required to conduct an emissions testin accordance with §114.50(a)(2)(A) or (B) of this title mustcollect a fee not to exceed $27. Beginning May 1, 2002 and endingon the day before the single sticker transition date in the Dallas-FortWorth and the extended Dallas-Fort Worth program areas, the emissionsinspection station must remit to the DPS $2.50 for each accelerationsimulation mode (ASM-2) test and $8.50 for each on-board diagnostics(OBD) test. Beginning on the single sticker transition date in theDallas-Fort Worth and the extended Dallas-Fort Worth program areas,any emissions inspection station required to conduct an emissionstest in accordance with §114.50(a)(1)(A) or (B) and (2)(A) or(B) of this title must collect a fee not to exceed $24.50 for eachASM-2 test and $18.50 for each OBD test.]

[(3) In the Houston-Galveston-Brazoriaprogram area beginning May 1, 2002 and ending on the day before thesingle sticker transition date as defined in §114.1 of this title,any emissions inspection station in Harris County required to conductan emissions test in accordance with §114.50(a)(3)(A) or (B)of this title and beginning May 1, 2003 and ending on the day beforethe single sticker transition date, any emissions inspection stationin Brazoria, Fort Bend, Galveston, and Montgomery Counties requiredto conduct an emissions test in accordance with §114.50(a)(3)(D)or (E) of this title must collect a fee not to exceed $27. BeginningMay 1, 2002 and ending on the day before the single sticker transitiondate in Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties,the emissions inspection station must remit to the DPS $2.50 for eachASM-2 test and $8.50 for each OBD test. Beginning on the single stickertransition date in Brazoria, Fort Bend, Galveston, Harris, and MontgomeryCounties, any emissions inspection station required to conduct anemissions test in accordance with §114.50(a)(3)(A), (B), (D),or (E) of this title must collect a fee not to exceed $24.50 for eachASM-2 test and $18.50 for each OBD test.]

(2) [~~(4)~~] In the Bexar Countyprogram area beginning November 1, 2026, any emissions inspectionstation in Bexar County required to conduct an emissions test in accordancewith §114.50(a)(5)(A) or (B) of this title must collect a feenot to exceed $18.50.

(b) The per-vehicle fee and the amount the inspectionstation remits to the Texas Department of Public Safety (DPS) [~~DPS~~] for a challenge test at an inspection station designatedby the DPS, must be the same as the amounts set forth in subsection(a) of this section. The challenge fee must not be charged if thevehicle is retested within 15 days of the initial test.

(c) Inspection stations performing out-of-cycle vehicleemissions inspections for the state's remote sensing element mustcharge a motorist for an out-of-cycle emissions inspection in theamount specified in subsection (a) of this section resulting fromwritten notification that subject vehicle failed on-road testing.If the vehicle passes the vehicle emissions inspection, the vehicleowner may request reimbursem*nt from the DPS.

(d) Vehicle [~~Beginning on the singlesticker transition date as defined in §114.1 of this title, vehicle~~]owners shall remit as part of the annual vehicle registration feecollected by the Texas Department of Motor Vehicles (DMV) or countytax assessor-collector the amount of the vehicle emissions inspectionfee that is required to be remitted to the state.

(1) In El Paso County, the following requirements apply.

(A) If participating in the Low Income VehicleRepair Assistance, Retrofit, and Accelerated Vehicle Retirement Program(LIRAP) [~~LIRAP~~], vehicle owners shall remit $4.50for motor vehicles subject to vehicle emissions inspections to theDMV or county tax assessor-collector at the time of annual vehicleregistration as part of the vehicle emissions inspection fee. Of the$4.50 remitted, $2.00 constitutes the LIRAP fee as defined in §114.7of this title (relating to Low Income Vehicle Repair Assistance, Retrofit,and Accelerated Vehicle Retirement Program Definitions).

(B) If participating in the LIRAP and in the processof opting out, vehicle owners shall remit $4.50 for motor vehiclessubject to vehicle emissions inspections to the DMV or county taxassessor-collector at the time of annual vehicle registration as partof the vehicle emissions inspection fee until the LIRAP fee terminationeffective date as defined in §114.7 of this title. Of the $4.50remitted, $2.00 constitutes the LIRAP fee as defined in §114.7of this title. Upon the LIRAP fee termination effective date, vehicleowners shall remit $2.50 for motor vehicles subject to vehicle emissionsinspections to the DMV or county tax-assessor-collector at the timeof annual vehicle registration as part of the vehicle emissions inspection fee.

(C) If not participating in the LIRAP, vehicle ownersshall remit $2.50 for motor vehicles subject to vehicle emissionsinspections to the DMV or county tax-assessor-collector at the timeof annual vehicle registration as part of the vehicle emissions inspection fee.

(2) In the Dallas-Fort Worth program area [~~and the extended Dallas-Fort Worth program areas~~], the followingrequirements apply.

(A) Vehicle owners in counties participating in theLIRAP shall remit [~~$2.50 for motor vehicles subject to ASM-2tests and~~] $8.50 for motor vehicles subject to OBD tests tothe DMV or county tax assessor-collector at the time of annual vehicleregistration as part of the vehicle emissions inspection fee. Of the$8.50 remitted for OBD tests, $6.00 constitutes the LIRAP fee as definedin §114.7 of this title.

(B) Vehicle owners in counties participating in theLIRAP that are in the process of opting out shall remit [~~$2.50for motor vehicles subject to ASM-2 tests and~~] $8.50 for motorvehicles subject to OBD tests to the DMV or county tax assessor-collectorat the time of annual vehicle registration as part of the vehicleemissions inspection fee until the LIRAP fee termination effectivedate as defined in §114.7 of this title. Of the $8.50 remittedfor OBD tests, $6.00 constitutes the LIRAP fee as defined in §114.7of this title. Upon the LIRAP fee termination effective date, vehicleowners in participating counties that are in the process of optingout of the LIRAP shall remit $2.50 for motor vehicles subject to vehicleemissions inspections to the DMV or county tax-assessor-collectorat the time of annual vehicle registration as part of the vehicleemissions inspection fee.

(C) Vehicle owners in counties not participating inthe LIRAP shall remit $2.50 for motor vehicles subject to vehicleemissions inspections to the DMV or county tax-assessor-collectorat the time of annual vehicle registration as part of the vehicleemissions inspection fee.

(3) In the Houston-Galveston-Brazoria program area,the following requirements apply.

(4) In the Bexar County program area, vehicle ownersshall remit $2.50 for motor vehicles subject to vehicle emissionsinspections to the DMV or county tax-assessor-collector at the timeof annual vehicle registration as part of the vehicle emissions inspection fee.

The agency certifies that legal counsel hasreviewed the proposal and found it to be within the state agency'slegal authority to adopt.

Filed with the Office of the Secretary of State on June 13, 2024.

TRD-202402579

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-6087

DIVISION 2. LOW INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM

30 TAC §§114.60, 114.64, 114.66, 114.72

Statutory Authority

The amendments to 30 Texas Administrative Code (TAC) §§114.60,114.64, 114.66, and 114.72 are proposed under the authority of TexasWater Code (TWC) §5.103, concerning Rules; TWC §5.105, concerningGeneral Policy, which authorize the commission to carry out its powersand duties under the TWC; TWC §7.0002, concerning EnforcementAuthority, which authorizes the commission to enforce the provisionsof the Water Code and the Health and Safety Code within the commission'sjurisdiction; and under Texas Health and Safety Code (THSC) §382.017,concerning Rules, which authorizes the commission to adopt rules consistentwith the policy and purpose of the Texas Clean Air Act (TCAA).

§114.60.Applicability for LIRAP.

(a) The provisions of §114.7 of this title (relatingto Low Income Vehicle Repair Assistance, Retrofit, and AcceleratedVehicle Retirement Program Definitions) and Division 2 of this subchapter(relating to Low Income Vehicle Repair Assistance, Retrofit, and AcceleratedVehicle Retirement Program) provide the minimum requirements for countyimplementation of a Low Income Vehicle Repair Assistance, Retrofit,and Accelerated Vehicle Retirement Program (LIRAP) and apply to countiesthat implement a vehicle emissions inspection program and have electedto implement LIRAP provisions.

(b) To be eligible for assistance under this division,vehicles must be subject to §114.50(a) of this title (relatingto Vehicle Emissions Inspection Requirements).

(1) fleet vehicle;

(2) commercial vehicle;

(3) vehicle owned or leased by a governmental entity;

(4) vehicle registered as a classic motor vehicle,custom vehicle, or street rod [~~as defined by~~] underTexas Transportation Code, §504.501 [~~§502.274~~];

(5) vehicle registered as an exhibition vehicle, includingantique or military vehicles, under [~~as defined by~~]Texas Transportation Code, §504.502 [~~§502.275~~];

(6) vehicle not regularly used for transportation duringthe normal course of daily activities; or

(7) vehicle subject to §114.50(a) of this titlethat is registered in a non-participating county.

(d) A participating county must ensure that ownersof vehicles under subsection (c) of this section do not receive monetaryor compensatory assistance under LIRAP.

§114.64.LIRAP Requirements.

(a) Implementation. Participation in the Low IncomeVehicle Repair Assistance, Retrofit, and Accelerated Vehicle RetirementProgram (LIRAP) is voluntary. An affected county may choose to participatein the program at its discretion. Upon receiving a written requestto participate in the LIRAP by a county commissioner's court, theexecutive director shall authorize the implementation of a LIRAP inthe requesting county. The executive director and county shall enterinto a grant contract for the implementation of the LIRAP.

(1) The grant contract must provide conditions, requirements,and projected funding allowances for the implementation of the LIRAP.

(2) A participating county may contract with an entityapproved by the executive director for services necessary to implementthe LIRAP. A participating county or its designated entity shall demonstrateto the executive director that, at a minimum, the county or its designatedentity has provided for appropriate measures for determining applicanteligibility and repair effectiveness and ensuring against fraud.

(3) The participating county shall remain the contractedentity even if the county contracts with another county or anotherentity approved by the executive director to administer the LIRAP.

(b) Repair and retrofit assistance. A LIRAP must providefor monetary or other compensatory assistance to eligible vehicleowners for repairs directly related to bringing certain vehicles thathave failed a required emissions test into compliance with emissionsrequirements or for installing retrofit equipment on vehicles thathave failed a required emissions test, if practically and economicallyfeasible, in lieu of or in combination with repairs performed to bringa vehicle into compliance with emissions requirements. Vehicles underthe LIRAP must be repaired or retrofitted at a recognized emissionsrepair facility. To determine eligibility, the participating countyor its designated entity shall make applications available for LIRAPparticipants. The application, at a minimum, must require the vehicleowner to demonstrate that:

(1) the vehicle has failed a required emissions testwithin 30 days of application submittal;

(2) the vehicle can be driven under its own power tothe emissions inspection station or vehicle retirement facility;

(3) the vehicle is currently registered in and hasbeen registered in the participating program county for at least 12of the 15 months immediately preceding the application for assistance;

[(4) the vehicle has passed the safetyportion of the Texas Department of Public Safety (DPS) motor vehiclesafety and emissions inspection as recorded in the Vehicle InspectionReport, or provide assurance that actions will be taken to bring thevehicle into compliance with safety requirements;]

(4) [~~(5)~~] the vehicle owner'snet family income is at or below 300% of the federal poverty level; and

(5) [~~(6)~~] any other requirementsof the participating county or the executive director are met.

(c) Accelerated vehicle retirement. A LIRAP must providemonetary or other compensatory assistance to eligible vehicle ownersto be used toward the purchase of a replacement vehicle.

(1) To determine eligibility, the participating countyor its designated entity shall make applications available for LIRAPparticipants. The application, at a minimum, must require the vehicleowner to demonstrate that [:]

[~~(A)~~] the vehicle meets the requirementsunder subsection (b)(1) - [~~(3) and~~] (5) of this section.[;]

~~[(B) the vehicle has passed a DPSmotor vehicle safety or safety and emissions inspection within 15months prior to application submittal; and]~~

[(C) any other requirements of theparticipating county or the executive director are met].

[(2) Eligible vehicle owners of pre-1996model year vehicles that pass the required United States EnvironmentalProtection Agency (EPA) Start-Up Acceleration Simulation Mode (ASM)standards emissions test, but would have failed the EPA Final ASMstandards emissions test, or some other criteria determined by thecommission, may be eligible for accelerated vehicle retirement andreplacement compensation under this section.]

(2) [~~(3)~~] Notwithstanding thevehicle requirement provided under subsection (b)(1) of this section,an eligible vehicle owner of a vehicle that is gasoline powered andis at least 10 years old as determined from the current calendar year(i.e., 2010 minus 10 years equals 2000) and meets the requirementsunder subsection (b)(2), (3), and (4) [~~(5)~~]of this section, may be eligible for accelerated vehicle retirementand compensation.

(3) [~~(4)~~] Replacement vehicles must:

(A) be in a class or category of vehicles that hasbeen certified to meet federal Tier 2, Bin 5 or cleaner Bin certificationunder 40 Code of Federal Regulations (CFR) §86.1811-04 or federalTier 3, Bin 160 or cleaner Bin certification under 40 CFR §86.1811-17;

(B) have a gross vehicle weight rating of less than10,000 pounds;

(D) be a vehicle, the total cost of which does notexceed $35,000 or up to $45,000 for hybrid, electric, or natural gasvehicles, or vehicles certified as Tier 2, Bin 3 or cleaner Bin certificationunder 40 CFR §86.1811-04 or federal Tier 3, Bin 85 or cleanerBin certification under 40 CFR §86.1811-17; and

(E) have passed an [~~a DPS motor vehiclesafety inspection or safety and~~] emissions inspection withinthe 15-month period before the application is submitted.

(d) Compensation. The participating county shall determineeligibility and approve or deny the application promptly. If the requirementsof subsection (b) or (c) of this section are met and based on availablefunding, the county shall authorize monetary or other compensationsto the eligible vehicle owner.

(1) Compensations must be:

(A) no more than $600 and no less than $30 per vehicleannually to be used for emission-related repairs or retrofits performedat recognized emissions repair facilities, including diagnostics testsperformed on the vehicle; or

(B) based on vehicle type and model year of a replacementvehicle for the accelerated retirement of a vehicle meeting the requirementsunder this subsection. Only one retirement compensation can be usedtoward one replacement vehicle annually per applicant. The maximumamount toward a replacement vehicle must not exceed:

(i) $3,000 for a replacement car of the current modelyear or previous three model years, except as provided by clause (iii)of this subparagraph;

(ii) $3,000 for a replacement truck of the currentmodel year or the previous two model years, except as provided byclause (iii) of this subparagraph; and

(iii) $3,500 for a replacement hybrid, electric, naturalgas, and federal Tier 2, Bin 3 or cleaner Bin certification under40 CFR §86.1811-04 or federal Tier 3, Bin 85 or cleaner Bin certificationunder 40 CFR §86.1811-17 vehicle of the current model year orthe three previous model years.

(2) Vehicle owners shall be responsible for payingthe first $30 of emission-related repairs or retrofit costs that mayinclude diagnostics tests performed on the vehicle.

(3) For accelerated vehicle retirement, provided thatthe compensation levels in paragraph (1)(B) of this subsection aremet and minimum eligibility requirements under subsection (c) of thissection are met, a participating county may set a specific level ofcompensation or implement a level of compensation schedule that allowsflexibility. The following criteria may be used for determining theamount of financial assistance:

(A) model year of the vehicle;

(B) miles registered on the vehicle's odometer;

(D) estimated cost of emission-related repairs necessaryto bring the vehicle into compliance with emission standards;

(E) amount of money the vehicle owner has already spentto bring the vehicle into compliance, excluding the cost of the vehicleemissions inspection; and

(F) vehicle owner's income.

(e) Reimbursem*nt for repairs and retrofits. A participatingcounty shall reimburse the appropriate recognized emissions repairfacility for approved repairs and retrofits within 30 calendar daysof receiving an invoice that meets the requirements of the countyor designated entity. Repaired or retrofitted vehicles must pass an [~~a DPS safety and~~] emissions inspection before the recognizedemissions repair facility is reimbursed. In the event that the vehicledoes not pass the emissions retest after diagnosed repairs are performed,the participating county has the discretion, on a case-by-case basis,to make payment for diagnosed emissions repair work performed.

(f) Reimbursem*nts for replacements. A participatingcounty shall ensure that funds are transferred to a participatingdealer [~~automobile dealership~~] no later than 10 businessdays after the county receives proof of the sale, proof of transferto a dismantler, and any administrative documents that meet the requirementsof the county or designated entity. A list of all administrative documentsmust be included in the agreements that are entered into by the countyor designated entity and the participating dealers [~~automobiledealerships~~].

(1) A participating county shall provide an electronicmeans for distributing replacement funds to a participating dealer [~~automobile dealership~~] once all program criteria have been met.The replacement funds may be used as a down payment toward the purchaseof a replacement vehicle. Participating [~~automobile~~] dealersshall be located in the State of Texas. Participation in the LIRAPby a [~~an automobile~~] dealer is voluntary.

(2) Participating counties shall develop a documentfor confirming a person's eligibility for purchasing a replacementvehicle and for tracking such purchase.

(A) The document must include at a minimum, the fullname of applicant, the vehicle identification number of the retiredvehicle, expiration date of the document, the program administrator'scontact information, and the amount of money available to the participatingvehicle owner.

(B) The document must be presented to a participatingdealer by the person seeking to purchase a replacement vehicle beforeentering into negotiations for a replacement vehicle.

(C) A participating dealer who relies on the documentissued by the participating county has no duty to confirm the eligibilityof the person purchasing a replacement vehicle in the manner providedby this section.

(g) Opting out of the LIRAP. Participation in the LIRAPis voluntary. A participating county may opt out of the program. Proceduresto release a participating county from the LIRAP shall be initiatedupon the receipt of a written request to the executive director bythe county commissioner's court in a participating county.

(1) A written request to opt out of the LIRAP shallrequest release from the LIRAP fee as defined in §114.7 of thistitle (relating to Low Income Vehicle Repair Assistance, Retrofit,and Accelerated Vehicle Retirement Program Definitions) and the grantcontract established in subsection (a) of this section. The writtenrequest shall include one of the following possible LIRAP opt-outeffective dates as defined in §114.7 of this title:

(A) the LIRAP fee termination effective date as definedin §114.7 of this title; or

(B) the last day of the legislative biennium in whichthe LIRAP fee termination effective date as defined in §114.7of this title occurred.

(2) Upon receipt of a written request to be releasedfrom participation in the LIRAP, the executive director shall notify,in writing, with a copy sent to the requesting county, the Texas Departmentof Motor Vehicles, DPS, and the Legislative Budget Board of Texasthat the LIRAP fee should no longer be collected for vehicles undergoinginspection and registration in the affected county.

(3) A county opting out of the LIRAP remains a participatingcounty until the LIRAP opt-out effective date as defined in §114.7of this title, on which date the county is no longer subject to theLIRAP fee, and the grant contract established in subsection (a) ofthis section is ended. Not more than 90 days after a county's LIRAPopt-out effective date, the unspent balance of allocated LIRAP fundsfor that county will be returned to the commission unless the countyopting out has entered into an official inter-county elective agreementwith other participating counties in the same region to share allocatedLIRAP funds. If the county opting out has entered into an officialinter-county elective agreement with other participating countiesin the same region to share allocated LIRAP funds, then the portionof LIRAP allocations that is shared and unspent as of the LIRAP opt-outeffective date will be redistributed among the remaining participatingcounties that are part of that agreement. This redistribution of fundswill occur not more than 90 days after a county's LIRAP opt-out effective date.

§114.66.Disposition of Retired Vehicle.

(a) Vehicles retired under a Low Income Vehicle RepairAssistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP)may not be resold or reused in their entirety in this or another state.Any dismantling of vehicles or salvaging of steel under this sectionmust be performed at a facility located in the state of Texas.

(b) The vehicle must be:

(1) destroyed;

(2) recycled;

(3) dismantled and its parts sold as used parts orused in the LIRAP;

(4) placed in a storage facility and subsequently destroyed,recycled, or dismantled within 12 months of the vehicle retirementdate and its parts sold or used in the LIRAP; or

(5) repaired, brought into compliance, and used asa replacement vehicle under this division. Not more than 10% of allvehicles eligible for retirement may be used as replacement vehicles.

(c) Notwithstanding subsection (b) of this section,the dismantler of a vehicle shall destroy the emissions control equipmentand engine, certify those parts have been destroyed and not resoldinto the market place. The dismantler shall remove any mercury switchesand shall comply with state and federal laws applicable to the managementof those mercury switches.

(d) The dismantler shall provide certification thatthe vehicle has been destroyed to the [~~automobile~~] dealerfrom whom the dismantler has taken receipt of a vehicle for retirement.The [~~automobile~~] dealer shall submit to the participatingcounty or its designated entity the proof of destruction from the dismantler.

(e) The dismantler shall provide the residual scrapmetal of a retired vehicle under this section to a recycling facilityat no cost, except for the cost of transportation of the residualscrap metal to the recycling facility.

§114.72.Local Advisory Panels.

(a) The commissioners court of a participating countymay appoint one or more local advisory panels to provide advice onLow Income Vehicle Repair Assistance, Retrofit, and Accelerated VehicleRetirement Program (LIRAP) and to assist in identifying vehicles withintrinsic value that make these vehicles existing or future collectibles.A vehicle identified under this section may be sold to an individualif the vehicle is:

(1) repaired and brought into compliance;

(2) removed from the state;

(3) removed from an affected county; or

(4) stored for future restoration and cannot be registeredin an affected county except under Transportation Code, §504.501 [~~§502.274~~] or §504.502 [~~§502.275~~].

(b) A commissioners court may delegate all or partof the financial and administrative matters to any of the local advisorypanels that it appoints.

(1) dealers [~~automobile dealerships~~];

(2) automotive repair industry;

(3) emissions [~~safety~~] inspection facilities;

(4) the general public;

(5) antique and vintage car clubs;

(6) local nonprofit organizations; and

(7) locally affected governments.

The agency certifies that legal counsel hasreviewed the proposal and found it to be within the state agency'slegal authority to adopt.

Filed with the Office of the Secretary of State on June 13, 2024.

TRD-202402580

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-6087

DIVISION 3. EARLY ACTION COMPACT COUNTIES

30 TAC §§114.80 - 114.82, 114.84, 114.87

Statutory Authority

The amendments to 30 Texas Administrative Code (TAC) §§114.80,114.81, 114.82, 114.84, and 114.87 are proposed under the authorityof Texas Water Code (TWC) §5.103, concerning Rules; TWC §5.105,concerning General Policy, which authorize the commission to carryout its powers and duties under the TWC; TWC §7.0002, concerningEnforcement Authority, which authorizes the commission to enforcethe provisions of the Water Code and the Health and Safety Code withinthe commission's jurisdiction; and under Texas Health and Safety Code(THSC) §382.017, concerning Rules, which authorizes the commissionto adopt rules consistent with the policy and purpose of the TexasClean Air Act (TCAA).

§114.80.Applicability.

(a) The requirements of this section apply only tocounties that have adopted an early action compact (EAC) clean airaction plan, and that along with the largest municipality in eachcounty have submitted to the commission a resolution requesting implementationof a vehicle inspection and maintenance (I/M) program in that county.

(b) Travis and Williamson Counties are the only countiesin the Austin/Round Rock metropolitan statistical area affected bysubsections (a) and (c) of this section.

(c) The EAC I/M program requires all gasoline-poweredmotor vehicles 2 - 24 years old that are registered and primarilyoperated in Travis and Williamson Counties to undergo an annual emissionsinspection [~~, beginning with the first safety inspection~~]. The program requires all gasoline-powered rental vehicles, as definedin §114.2 of this title (relating to Inspection and Maintenance(I/M) Definitions), 3 - 24 years old that are registered and primarilyoperated in Travis and Williamson Counties to undergo an annual emissionsinspection. Military tactical vehicles, motorcycles, diesel-poweredvehicles, dual-fueled vehicles that cannot operate using gasoline,and antique vehicles registered with the Texas Department of Transportationare excluded from the program. Inspection [~~Safetyinspection~~] facilities and inspectors certified by the TexasDepartment of Public Safety shall inspect all subject vehicles.

§114.81.Vehicle Emissions Inspection Requirements.

This section applies to all vehicles registered and primarilyoperated, as defined in §114.2 of this title (relating to Inspectionand Maintenance (I/M) Definitions), in the affected early action compact(EAC) program counties, except as provided in §114.80 of thistitle (relating to Applicability).

(1) All [~~Beginning September 1, 2005,all 1996 and newer model year~~] vehicles registered and primarilyoperated in affected EAC counties equipped with on-board diagnostic(OBD) systems must be tested using United States Environmental ProtectionAgency (EPA)-approved OBD test procedures.

[(2) Beginning September 1, 2005,all pre-1996 model year vehicles registered and primarily operatedin affected EAC counties must be tested using a two-speed idle (TSI)test, or a vehicle emissions test that meets state implementationplan emissions reduction requirements and is approved by the EPA.]

(2) [~~(3)~~] All vehicle emissionsinspection stations in affected EAC program counties shall offer [~~both~~] the OBD test [~~and the TSI test~~].

§114.82.Control Requirements.

(a) No person or entity may operate, or allow the operationof, a motor vehicle registered in the affected early action compact(EAC) counties that does not comply with:

[(1) all applicable air pollutionemissions control-related requirements included in the annual vehiclesafety inspection requirements administered by the Texas Departmentof Public Safety (DPS) as evidenced prior to the single sticker transitiondate as defined in §114.1 of this title (relating to Definitions)by a current valid inspection certificate affixed to the vehicle windshield,a current valid vehicle inspection report (VIR), or other form ofproof authorized by the DPS;]

(1) [~~(2)~~] All [ ~~beginningon the single sticker transition date, all~~] applicable air pollutionemissions control-related requirements included in the annual vehicle[~~safety~~] inspection requirements administered by the TexasDepartment of Public Safety (DPS) [~~DPS~~] as evidencedby a current valid vehicle registration insignia sticker or a currentvalid vehicle inspection report (VIR) [~~VIR~~],or other form of proof authorized by the DPS or the Texas Departmentof Motor Vehicles [~~DMV~~] and

(2) [~~(3)~~] the vehicle emissionsinspection and maintenance (I/M) requirements contained in this subchapter.

[(b) All federal government agenciesmust require a motor vehicle operated by any federal government agencyemployee on any property or facility under the jurisdiction of theagency and located in an affected EAC county to comply with all vehicleemissions I/M requirements contained in the Austin Area Early ActionCompact Ozone State Implementation Plan Revision. Commanding officersor directors of federal facilities shall certify annually to the executivedirector, or appointed designee, that all subject vehicles have beentested and are in compliance with the Federal Clean Air Act (42 UnitedStates Code, §§7401 et seq.). This requirement does notapply to visiting agency, employee, or military personnel vehiclesas long as such visits do not exceed 60 calendar days per year.]

(b) [~~(c)~~] A motorist in an affectedEAC county who has received a notice from an emissions inspectionstation that there are unresolved recall items on the motor vehicleshall furnish proof of compliance with the recall notice prior tothe next vehicle emissions inspection, such as a written statementfrom the dealer [~~dealership~~] or leasing agencyindicating that emissions repairs have been completed.

(c) [~~(d)~~] A motorist whose vehiclehas failed an emissions test may request a challenge retest throughDPS. If the retest is conducted within 15 days of the initial inspection,the cost of the retest is free.

(d) [~~(e)~~] A motorist whose vehiclehas failed an emissions test and has not requested a challenge retestor has failed a challenge retest shall have emissions-related repairsperformed and submit a properly completed vehicle repair form in orderto receive a retest. In order to receive a waiver or time extension,the motorist shall submit a vehicle repair form or applicable documentationas considered necessary by the DPS.

(e) [~~(f)~~] A motorist whose vehicleis registered in an affected EAC county, or in any county adjacentto an affected EAC county, and has failed an on-road test administeredby the DPS shall:

(1) submit the vehicle for an out-of-cycle vehicleemissions inspection within 30 days of written notice by the DPS; and

(2) satisfy all inspection, extension, or waiver requirementsof the vehicle emissions I/M program contained in the Austin AreaEarly Action Compact Ozone State Implementation Plan Revision.

(f) [~~(g)~~] A vehicle registeredin a county without an I/M program that meets the applicability criteriaof §114.80(c) of this title (relating to Applicability), andthe ownership of which has changed through a retail sale as definedby [~~Texas Motor Vehicle Commission Code, Article 4413(36), §1.03(moved to~~] Texas Occupations Code, §2301.002 [~~, effectiveJune 1, 2003)~~], is not eligible for title receipt or registrationin an affected EAC program county with an I/M program unless proofis presented that the vehicle has passed an approved vehicle emissionsinspection within 90 days before the title transfer. The evidenceof proof required may be in the form of the vehicle inspection reportor another proof of the program compliance as authorized by the DPS.All [~~1996 and newer model year~~] vehicles with less than50,000 miles are exempt from the test-on-resale requirements of this subsection.

(g) [~~(h)~~] State, governmental,and quasi-governmental agencies that fall outside the normal registrationor inspection process must comply with all vehicle emissions I/M requirementscontained in the Austin Area Early Action Compact Ozone State ImplementationPlan Revision for vehicles primarily operated in I/M program areas.

§114.84.Prohibitions.

(a) No person may issue or allow the issuance of avehicle inspection report, as authorized by the Texas Department ofPublic Safety (DPS), unless all applicable air pollution emissionscontrol-related requirements of [~~the annual vehicle safety inspectionand~~] the vehicle emissions inspection and maintenance (I/M)requirements and procedures contained in the Austin Area Early ActionCompact Ozone State Implementation Plan Revision are completely andproperly performed in accordance with the rules and regulations adoptedby the DPS and the commission. Prior to taking any enforcement actionregarding this provision, the executive director shall consult withthe DPS.

(b) No [Before the single sticker transitiondate as defined in §114.1 of this title (relating to Definitions),no person may allow or participate in the preparation, duplication,sale, distribution, or use of false, counterfeit, or stolen safetyinspection certificates, vehicle inspection reports, vehicle repairforms, vehicle emissions repair documentation, or other documentsthat may be used to circumvent the vehicle emissions I/M requirementsand procedures contained in the Austin Area Early Action Compact OzoneState Implementation Plan Revision. Beginning on the single stickertransition date, no] person may allow or participate in thepreparation, duplication, sale, distribution, or use of false, counterfeit,or stolen vehicle registration insignia stickers, vehicle inspectionreports, vehicle repair forms, vehicle emissions repair documentation,or other documents that may be used to circumvent the vehicle emissionsI/M requirements and procedures contained in the Austin Area EarlyAction Compact Ozone State Implementation Plan Revision.

(c) No organization, business, person, or other entitymay represent itself as an emissions inspector certified by the DPSunless the certification has been issued under the certification requirementsand procedures contained in Texas Transportation Code, §§548.401- 548.404.

(d) No person may act as or offer to perform servicesas a Recognized Emissions Repair Technician of Texas, as designatedby the DPS, without first obtaining and maintaining DPS recognition.Requirements to become a DPS Recognized Emission Repair Technicianare contained in 37 TAC Chapter 23, Subchapter E (relating to VehicleEmissions Inspection and Maintenance Program).

§114.87.Inspection and Maintenance Fees.

(a) The following fees must be paid for an emissionsinspection of a vehicle at an inspection station in an affected earlyaction compact program county. This fee must include one free retestif the vehicle fails the emissions inspection, provided that the motoristhas the retest performed at the same station where the vehicle originallyfailed; the motorist submits, prior to the retest, a properly completedvehicle repair form showing that emissions-related repairs were performed;and the retest is conducted within 15 days of the initial emissionstest. [In Travis and Williamson Counties beginning September1, 2005 and ending on the day before the single sticker transitiondate as defined in §114.1 of this title (relating to Definitions),any emissions inspection station required to conduct an emissionstest in accordance with §114.80 of this title (relating to Applicability)must collect a fee not to exceed $16 and remit $4.50 to the TexasDepartment of Public Safety (DPS) for each on-board diagnostic andtwo-speed idle test.] In Travis and Williamson Counties [~~beginningon the single sticker transition date~~], any emissions inspectionstation required to conduct an emissions test in accordance with §114.80of this title must collect a fee not to exceed $18.50 [~~$11.50~~] for each on-board diagnostic [~~and two-speed idle~~] test.

(b) The per-vehicle fee and the amount the inspectionstation remits to the DPS for a challenge test at an inspection stationdesignated by the DPS must be the same as the amounts specified insubsection (a) of this section. The challenge fee must not be chargedif the vehicle is retested within 15 days of the initial test.

(c) Inspection stations performing out-of-cycle vehicleemissions inspections resulting from written notification that thesubject vehicle failed on-road testing (remote sensing) must chargea motorist for an out-of-cycle emissions inspection in the amountspecified in subsection (a) of this section. If the vehicle passesthe vehicle emissions inspection, the vehicle owner may request reimbursem*ntfrom the DPS.

(d) In [~~Beginning on the single stickertransition date as defined in §114.1 of this title in~~]Travis and Williamson Counties, the following requirements apply.

(1) Vehicle owners in counties participating in LowIncome Vehicle Repair Assistance, Retrofit, and Accelerated VehicleRetirement Program (LIRAP) shall remit $4.50 for motor vehicles subjectto vehicle emissions inspections to the Texas Department of MotorVehicles (DMV) or county tax assessor-collector at the time of annualvehicle registration as part of the vehicle emissions inspection fee.Of the $4.50 remitted, $2.00 constitutes the LIRAP fee as definedin §114.7 of this title (relating to Low Income Vehicle RepairAssistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions).

(2) Vehicle owners in counties participating in theLIRAP and in the process of opting out shall remit $4.50 for motorvehicles subject to emissions inspection to the DMV or county taxassessor-collector at the time of annual vehicle registration as partof the vehicle emissions inspection fee until the LIRAP fee terminationeffective date as defined in §114.7 of this title. Of the $4.50remitted, $2.00 constitutes the LIRAP fee as defined in §114.7of this title. Upon the LIRAP fee termination effective date, vehicleowners in participating counties that are in the process of optingout of the LIRAP shall remit $2.50 for motor vehicles subject to vehicleemissions inspections to the DMV or county tax-assessor-collectorat the time of annual vehicle registration as part of the vehicleemissions inspection fee.

(3) Vehicle owners in counties not participating inthe LIRAP shall remit $2.50 for motor vehicles subject to vehicleemissions inspection to the DMV or county tax-assessor-collector atthe time of annual vehicle registration as part of the vehicle emissionsinspection fee.

The agency certifies that legal counsel hasreviewed the proposal and found it to be within the state agency'slegal authority to adopt.

Filed with the Office of the Secretary of State on June 13, 2024.

TRD-202402581

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-6087

CHAPTER 336. RADIOACTIVE SUBSTANCE RULES

The Texas Commission on Environmental Quality (TCEQ, agency,or commission) proposes amendments to §§336.2, 336.102,336.105, 336.208, 336.329, 336.331, 336.332, 336.336, 336.341, 336.351,336.357, 336.625, 336.701, and 336.1215.

Background and Summary of the Factual Basis for the Proposed Rule

The commission proposes changes to Chapter 336, Subchapter D tocorrect a reference to Department of Transportation rules, removean obsolete January 31, 2009 deadline for licensees to report theirinitial inventory of Category 1 or Category 2 nationally tracked sources,and correct an error in an equation for the "sum of fractions" methodologyto ensure compatibility with federal regulations promulgated by theNuclear Regulatory Commission (NRC) which is necessary to preservethe status of Texas as an Agreement State under Title 10 Code of FederalRegulations (CFR) Part 150 and under the "Articles of Agreement betweenthe United States Atomic Energy Commission and the State of Texasfor Discontinuance of Certain Commission Regulatory Authority andResponsibility Within the State Pursuant to Section 274 of the AtomicEnergy Act of 1954, as Amended." Rules which are designated by NRCas compatibility items must be adopted by an Agreement State withinthree years of the effective date of the NRC rules, in most cases.

The commission proposes changes to Subchapters A, D, G, and H tochange the spelling of "byproduct" to "by-product" to be consistentwith Texas Health and Safety Code (THSC), Chapter 401. The commissionproposes changes to Subchapter H to correct the reference to a ruleto correct errors. The commission proposes changes to Subchapter Bto add a definition of "closure" specific to Subchapter B and adda reference to THSC, §401.271 regarding fees for commercial radioactivewaste disposal for clarity. The commission proposes changes to SubchapterB to remove instructions about the annual fee for when a licenseeremitted a biennial licensing fee to the Texas Department of StateHealth Services during the one-year period prior to June 17, 2007,to remove obsolete text. The commission proposes changes to SubchapterC and M to modify the training requirements for the Radiation SafetyOfficer (RSO) to provide the commission flexibility in determiningadequate training for the RSO at different licensed facilities.

Section by Section Discussion

The commission proposes administrative changes throughout thisrulemaking to be consistent with Texas Register requirementsand agency rules and guidelines.

§336.2, Definitions

The commission proposes to amend §§336.2(20), 336.2(20)(B),336.2(89)(B)(iv), 336.2(99), 336.2(126), and 336.2(170) to changethe spelling of "byproduct" to "by-product" to be consistent withTHSC, Chapter 401.

§336.102, Definitions

The commission proposes to add a definition of closure specificto Subchapter B for clarity since licensing fees are different whena license is in closure. The proposed definition mirrors the definitionof closure found in 30 Texas Administrative Code (TAC) §37.9035.The commission proposes to increase the numbering of the subsequentdefinitions by one.

§336.105, Schedule of Fees for Other Licenses

The commission proposes to remove 30 TAC §336.105(g) to removeobsolete text regarding instructions for when a licensee remitteda biennial licensing fee to the Texas Department of State Health Servicesprior to June 17, 2007, and amend §336.105(i) and §336.105(j)to add a reference to THSC, §401.271 regarding fees for commercialradioactive waste disposal for clarity. The commission proposes toadjust the numbering of the remaining rules accordingly.

§336.208, Radiation Safety Officer

The commission proposes to amend §336.208(a)(3) to modifythe training requirements for the RSO from requiring at least fourweeks of specialized additional training from a course provider thathas been evaluated and approved by the agency to requiring additionaltraining as determined by the Executive Director. This modificationprovides the commission flexibility in determining adequate trainingfor the RSO at different licensed facilities.

§336.329, Exemptions to Labeling Requirements

The commission proposes to amend the reference to Department ofTransportation rules in 30 TAC §336.329(4). This rule amendmentis proposed to ensure compatibility with federal regulations promulgatedby the NRC.

§336.331, Transfer of Radioactive Material

The commission proposes to amend §§336.331(a), 336.331(b),336.331(c), 336.331(d)(5), 336.331(f), and 336.331(i) to change thespelling of "byproduct" to "by-product" to be consistent with THSC,Chapter 401.

§336.332, Preparation of Radioactive Material for Transport

The commission proposes to amend §336.332(a) to change thespelling of "byproduct" to "by-product" to be consistent with THSC,Chapter 401.

§336.336, Tests

The commission proposes to amend §336.336(a)(1) and §336.336(a)(4)to change the spelling of "byproduct" to "by-product" to be consistentwith Texas Health and Safety Code, Chapter 401.

§336.341, General Recordkeeping Requirements for Licensees

The commission proposes to amend §336.341(e) to change thespelling of "byproduct" to "by-product" to be consistent with THSC,Chapter 401.

§336.351, Reports of TransactionsInvolving Nationally Tracked Sources.

The commission proposes to remove 30 TAC §336.351(a)(8) toremove an obsolete January 31, 2009 deadline for licensees to reporttheir initial inventory of Category 1 or Category 2 nationally trackedsources. This rule amendment is proposed to ensure compatibility withfederal regulations promulgated by the NRC.

§336.357, Physical Protection ofCategory 1 and Category 2 Quantities of Radioactive Material

The commission proposes to amend the figure in 30 TAC §336.357(z)by correcting an error in the equation for the "sum of fractions"methodology. This rule amendment is proposed to ensure compatibilitywith federal regulations promulgated by the NRC.

§336.625, Expiration and Termination of Licenses

The commission proposes to amend §§336.625(c), 336.625(c)(1),and 336.625(i)(1) to change the spelling of "byproduct" to "by-product"to be consistent with THSC, Chapter 401.

§336.701, Scope and General Provisions

The commission proposes to amend §336.701(b)(2) to changethe spelling of "byproduct" to "by-product" to be consistent withTHSC, Chapter 401 and change the reference to §336.2(13)(B) to §336.2(20)(B)to correct an error.

§336.1215, Issuance of Licenses

The commission proposes to amend §336.1215(a)(5) by referringto 30 TAC §336.208 for the training requirements for a RSO andremoving the additional requirements in §336.1215(a)(5)(A) and(B) since these requirements are also stated in 30 TAC §336.208.The commission proposes to remove §336.1215(a)(5)(C) to removethe training requirements that the RSO have at least four weeks ofspecialized additional training from a course provider that has beenevaluated and approved by the agency to provide the commission flexibilityin determining adequate training for the RSO at different licensed facilities.

Fiscal Note: Costs to State and Local Government

Kyle Girten, Analyst in the Budget and Planning Division, has determinedthat for the first five-year period the proposed rules are in effect,no fiscal implications are anticipated for the agency or for otherunits of state or local government as a result of administration orenforcement of the proposed rule.

Public Benefits and Costs

Mr. Girten determined that for each year of the first five yearsthe proposed rules are in effect, the public benefit will be consistentwith other state and federal rules and regulations, improved clarity,and the removal of redundant and outdated requirements. The proposedrulemaking is not anticipated to result in fiscal implications forbusinesses or individuals.

Local Employment Impact Statement

Rural Community Impact Statement

Small Business and Micro-Business Assessment

Small Business Regulatory Flexibility Analysis

Government Growth Impact Statement

Draft Regulatory Impact Analysis Determination

The commission reviewed the proposed rulemaking in light of theregulatory analysis requirements of the Texas Government Code (TGC), §2001.0225.The commission determined that the action is not subject to TGC, §2001.0225,because it does not meet the definition of a "Major environmentalrule" as defined in that statute. A "Major environmental rule" isa rule the specific intent of which is to protect the environmentor reduce risks to human health from environmental exposure, and thatmay adversely affect in a material way the economy, a sector of theeconomy, productivity, competition, jobs, the environment, or thepublic health and safety of the state or a sector of the state.

The specific intent of the proposed rule is not to protect theenvironment or to reduce risks to human health from environmentalexposure. The intent of the proposed amendments is to remove obsoletetext, correct errors, add clarity, and provide flexibility in determiningadequate training for the radiation safety officer at different licensedfacilities. Additionally, some of these proposed amendments are requiredfor TCEQ to maintain compatibility with the NRC for these licensingprograms. Therefore, the proposed rulemaking is not a major environmental rule.

Furthermore, even if the proposed rulemaking did meet the definitionof a major environmental rule, the proposed rules do not meet anyof the four applicability requirements listed in TGC, §2001.0225.Section 2001.0225 applies to a major environmental rule, the resultof which is to: exceed a standard set by federal law, unless the ruleis specifically required by state law; exceed an express requirementof state law, unless the rule is specifically required by federallaw; exceed a requirement of a delegation agreement or contract betweenthe state and an agency or representative of the federal governmentto implement a state and federal program; or adopt a rule solely underthe general powers of the agency instead of under a specific statelaw. The proposed rulemaking does not meet any of the four applicabilityrequirements listed in TGC, §2001.0225.

First, the rulemaking does not exceed a standard set by federallaw because the commission is proposing this rulemaking, in part,to ensure compatibility with federal regulations promulgated by theNRC. The State of Texas is an "Agreement State" authorized by theNRC to administer a radiation control program under the Atomic EnergyAct of 1952, as amended (Atomic Energy Act).

Second, the rulemaking does not propose requirements that are morestringent than existing state laws. THSC, Chapter 401, authorizesthe commission to regulate the licensing and disposal of radioactivesubstances, source material recovery, and commercial radioactive substancesstorage and processing. The proposed rulemaking seeks to make correctionsand provide clarity and flexibility consistent with state law.

Third, the proposed rulemaking does not exceed a requirement ofa delegation agreement or contract between the state and an agencyor representative of the federal government, where the delegationagreement or contract is to implement a state and federal program.The State of Texas has been designated as an "Agreement State" bythe NRC under the authority of the Atomic Energy Act. The Atomic EnergyAct requires that the NRC find that the state radiation control programis compatible with the NRC requirements for the regulation of radioactivematerials and is adequate to protect health and safety. Under the Agreement Between the United States Nuclear RegulatoryCommission and the State of Texas for Discontinuance of Certain CommissionRegulatory Authority and Responsibility Within the State Pursuantto Section 274 of the Atomic Energy Act of 1954, as Amended,NRC requirements must be implemented to maintain a compatible stateprogram for protection against hazards of radiation. The proposedrulemaking does not exceed the NRC requirements nor exceed the requirementsfor retaining status as an "Agreement State."

Fourth, this rulemaking does not seek to adopt a rule solely underthe general powers of the agency. Rather, sections of THSC, Chapter401, authorize this rulemaking, which are cited in the Statutory Authoritysection of this preamble.

The commission invites public comments regarding the Draft RegulatoryImpact Analysis Determination during the public comment period. Writtencomments on the Draft Regulatory Impact Analysis Determination maybe submitted to the contact person at the address listed under theSubmittal of Comments section of this preamble.

Takings Impact Assessment

The commission evaluated the proposed rules and performed analysisof whether the proposed rules constitute a taking under TGC, Chapter2007. The specific purpose of the proposed rules is to remove obsoletetext, correct errors, add clarity, and provide flexibility in determiningadequate training for the radiation safety officer at different licensedfacilities. The proposed rules would substantially advance this statedpurpose by correcting references to rules, correcting misspellings,adding a definition of "closure," removing obsolete language, correctingerrors to ensure compatibility with federal regulations, and modifyingtraining requirements.

Promulgation and enforcement of these proposed rules would be neithera statutory nor a constitutional taking of private real property.Specifically, the subject proposed regulations do not affect a landowner'srights in private real property because this rulemaking does not burden(constitutionally); nor restrict or limit the owner's right to propertyand reduce its value by 25% or more beyond that which would otherwiseexist in the absence of the regulations. In other words, the proposedrules will not burden private real property because they remove obsoletetext, correct errors, add clarity, and provide flexibility in trainingrequirements at licensed facilities.

Consistency with the Coastal Management Program

The commission reviewed the proposed rules and found that theyare neither identified in Coastal Coordination Act ImplementationRules, 31 TAC §29.11(b)(2) or (4), nor will they affect any action/authorizationidentified in Coastal Coordination Act Implementation Rules, 31 TAC §29.11(a)(6).Therefore, the proposed rules are not subject to the Texas CoastalManagement Program.

Written comments on the consistency of this rulemaking may be submittedto the contact person at the address listed under the Submittal ofComments section of this preamble.

Announcement of Hearing

The commission will hold a hybrid virtual and in-person publichearing on this proposal in Austin on July 29, 2024 at 10:00 a.m.in Building F, room 2210 at the commission's central office locatedat 12100 Park 35 Circle. The hearing is structured for the receiptof oral or written comments by interested persons. Individuals maypresent oral statements when called upon in order of registration.Open discussion will not be permitted during the hearing; however,commission staff members will be available to discuss the proposal30 minutes prior to the hearing at 9:30 a.m..

Individuals who plan to attend the hearing virtually and want toprovide oral comments and/or want their attendance on record mustregister by July 25, 2024. To register for the hearing, please emailRules@tceq.texas.gov and provide the following information: your name,your affiliation, your email address, your phone number, and whetheror not you plan to provide oral comments during the hearing. Instructionsfor participating in the hearing will be sent on July 26, 2024, tothose who register for the hearing.

For the public who do not wish to provide oral comments but wouldlike to view the hearing may do so at no cost at:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTU0NzNjMzMtMGI5YS00NGFmLWI4ODktZmIyZDRmODQyMmIw%40thread.v2/0?context=%7B%22Tid%22%3A%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2C%22Oid%22%3A%22e74a40ea-69d4-469d-a8ef-06f2c9ac2a80%22%2C%22IsBroadcastMeeting%22%3Atrue%2C%22role%22%3A%22a%22%7D&btype=a&role=a

Persons who have special communication or other accommodation needswho are planning to attend the hearing should contact Sandy Wong,Office of Legal Services at (512) 239-1802 or 1-800-RELAY-TX (TDD).Requests should be made as far in advance as possible.

Submittal of Comments

Written comments may be submitted to Gwen Ricco, Office of LegalServices, Texas Commission on Environmental Quality, P.O. Box 13087,Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://tceq.commentinput.com/comment/search.File size restrictions may apply to comments being submitted via theTCEQ Public Comments system. All comments should reference Rule ProjectNumber 2024-010-336-WS. The comment period closes at 11:59 p.m. onJuly 30, 2024. Please choose one of the methods provided to submityour written comments.

Copies of the proposed rulemaking can be obtained from the commission'swebsite at https://www.tceq.texas.gov/rules/propose_adopt.html . For further information, please contact Hans Weger, Radioactive Materials Section, 512-239-6465.

SUBCHAPTER A. GENERAL PROVISIONS

30 TAC §336.2

Statutory Authority

The rule change is proposed under Texas Water Code (TWC), §5.102, concerning general powers of the commission; TWC, §5.103, which authorizes the commission to adopt any rules necessary to carry out its power and duties; TWC, §5.105, which authorizes the commission to establish and approved all general policy of the commission by rule; Texas Health and Safety Code (THSC), §401.011, which authorizes the commission to regulate and license the disposal of radioactivesubstances, the processing and storage of low-level radioactive wasteor naturally occurring radioactive material waste, the recovery andprocessing of source material, and the processing of by-product material;THSC, §401.051, which authorizes the commission to adopt rulesand guidelines relating to control of sources of radiation; THSC, §401.103,which authorizes the commission to adopt rules and guidelines thatprovide for licensing and registration for the control of sourcesof radiation; THSC, §401.104, which requires the commission toprovide rules for licensing for the disposal of radioactive substances;THSC §401.202, which authorizes the commission to regulate commercialprocessing and disposal of low-level radioactive waste; THSC, §401.262,which authorizes the commission to regulate by-product storage andprocessing facilities; THSC, §401.301, which authorizes the commissionto set fees by rule; and THSC, §401.412, which authorizes thecommission to issue licenses for the disposal of radioactive substances.

The proposed amendment implements THSC, Chapter 401, and are proposedto meet compatibility standards set by the United States Nuclear Regulatory Commission.

§336.2.Definitions.

The following words and terms, when used in this chapter, shallhave the following meanings, or as described in Chapter 3 of thistitle (relating to Definitions), unless the context clearly indicatesotherwise. Additional definitions used only in a certain subchapterwill be found in that subchapter.

(1) Absorbed dose--The energy imparted by ionizingradiation per unit mass of irradiated material. The units of absorbeddose are the rad and the gray (G_y).

(2) Accelerator-produced radioactive material--Anymaterial made radioactive by a particle accelerator.

(3) Access control--A system for allowing only approvedindividuals to have unescorted access to the security zone and forensuring that all other individuals are subject to escorted access.

(4) Activity--The rate of disintegration (transformation)or decay of radioactive material. The units of activity are the curie(Ci) and the becquerel (Bq).

(5) Adult--An individual 18 or more years of age.

(6) Aggregated--Accessible by the breach of a singlephysical barrier that allows access to radioactive material in anyform, including any devices containing the radioactive material, whenthe total activity equals or exceeds a category 2 quantity of radioactive material.

(7) Agreement state--Any state with which the UnitedStates Nuclear Regulatory Commission (NRC) or the Atomic Energy Commissionhas entered into an effective agreement under the Atomic Energy Actof 1954, §274b, as amended. Non-agreement State means any other State.

(8) Airborne radioactive material--Any radioactivematerial dispersed in the air in the form of dusts, fumes, particulates,mists, vapors, or gases.

(9) Airborne radioactivity area--A room, enclosure,or area in which airborne radioactive materials, composed wholly orpartly of licensed material, exist in concentrations:

(A) in excess of the derived air concentrations (DACs)specified in Table I of §336.359(d) of this title (relating toAppendix B. Annual Limits on Intake (ALI) and Derived Air Concentrations(DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations;Concentrations for Release to Sanitary Sewerage); or

(B) to a degree that an individual present in the areawithout respiratory protective equipment could exceed, during thehours an individual is present in a week, an intake of 0.6% of theALI or 12 DAC-hours.

(10) Air-purifying respirator--A respirator with anair-purifying filter, cartridge, or canister that removes specificair contaminants by passing ambient air through the air-purifying element.

(11) Annual limit on intake (ALI)--The derived limitfor the amount of radioactive material taken into the body of an adultworker by inhalation or ingestion in a year. ALI is the smaller valueof intake of a given radionuclide in a year by the "reference man"that would result in a committed effective dose equivalent of 5 rems(0.05 sievert) or a committed dose equivalent of 50 rems (0.5 sievert)to any individual organ or tissue. ALI values for intake by ingestionand by inhalation of selected radionuclides are given in Table I,Columns 1 and 2 of §336.359(d) of this title (relating to AppendixB. Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC)of Radionuclides for Occupational Exposure; Effluent Concentrations;Concentrations for Release to Sanitary Sewerage).

(12) Approved individual--An individual whom the licenseehas determined to be trustworthy and reliable for unescorted accessin accordance with §336.357(b) - (h) of this title (relatingto Physical Protection of Category 1 and Category 2 Quantities ofRadioactive Material) and who has completed the training requiredby §336.357(j)(3) of this title.

(13) As low as is reasonably achievable--Making everyreasonable effort to maintain exposures to radiation as far belowthe dose limits in this chapter as is practical, consistent with thepurpose for which the licensed activity is undertaken, taking intoaccount the state of technology, the economics of improvements inrelation to the state of technology, the economics of improvementsin relation to benefits to the public health and safety, and othersocietal and socioeconomic considerations, and in relation to utilizationof ionizing radiation and licensed radioactive materials in the public interest.

(14) Assigned protection factor (APF)--The expectedworkplace level of respiratory protection that would be provided bya properly functioning respirator or a class of respirators to properlyfitted and trained users. Operationally, the inhaled concentrationcan be estimated by dividing the ambient airborne concentration bythe APF.

(15) Atmosphere-supplying respirator--A respiratorthat supplies the respirator user with breathing air from a sourceindependent of the ambient atmosphere, and includes supplied-air respiratorsand self-contained breathing apparatus units.

(16) Background investigation--The investigation conductedby a licensee or applicant to support the determination of trustworthinessand reliability.

(17) Background radiation--Radiation from cosmic sources;non-technologically enhanced naturally-occurring radioactive material,including radon (except as a decay product of source or special nuclearmaterial) and global fallout as it exists in the environment fromthe testing of nuclear explosive devices or from past nuclear accidentssuch as Chernobyl that contribute to background radiation and arenot under the control of the licensee. "Background radiation" doesnot include radiation from radioactive materials regulated by thecommission, Texas Department of State Health Services, United StatesNuclear Regulatory Commission, or an Agreement State.

(18) Becquerel (Bq)--See §336.4 of this title(relating to Units of Radioactivity).

(19) Bioassay--The determination of kinds, quantities,or concentrations, and, in some cases, the locations of radioactivematerial in the human body, whether by direct measurement (in vivocounting) or by analysis and evaluation of materials excreted or removedfrom the human body. For purposes of the rules in this chapter, "radiobioassay"is an equivalent term.

(20) By-product [~~Byproduct~~] material--

(A) a radioactive material, other than special nuclearmaterial, that is produced in or made radioactive by exposure to radiationincident to the process of producing or using special nuclear material;

(B) the tailings or wastes produced by or resultingfrom the extraction or concentration of uranium or thorium from oreprocessed primarily for its source material content, including discretesurface wastes resulting from uranium solution extraction processes,and other tailings having similar radiological characteristics. Undergroundore bodies depleted by these solution extraction processes do notconstitute "by-product [~~byproduct~~] material"within this definition;

(C) any discrete source of radium-226 that is produced,extracted, or converted after extraction, for use for a commercial,medical, or research activity;

(D) any material that has been made radioactive byuse of a particle accelerator, and is produced, extracted, or convertedfor use for a commercial, medical, or research activity; and

(E) any discrete source of naturally occurring radioactivematerial, other than source material, that is extracted or convertedafter extraction for use in a commercial, medical, or research activityand that the United States Nuclear Regulatory Commission, in consultationwith the Administrator of the United States Environmental ProtectionAgency, the United States Secretary of Energy, the United States Secretaryof Homeland Security, and the head of any other appropriate Federalagency, determines would pose a threat similar to the threat posedby a discrete source of radium-226 to the public health and safetyor the common defense and security.

(21) CFR--Code of Federal Regulations.

(22) Carrier--A person engaged in the transportationof passengers or property by land or water as a common, contract,or private carrier, or by civil aircraft.

(23) Category 1 quantity of radioactive material--Aquantity of radioactive material meeting or exceeding the category1 threshold in accordance with §336.357(z) of this title (relatingto Physical Protection of Category 1 and Category 2 Quantities ofRadioactive Material). This is determined by calculating the ratioof the total activity of each radionuclide to the category 1 thresholdfor that radionuclide and adding the ratios together. If the sum isequal to or exceeds 1, the quantity would be considered a category1 quantity. Category 1 quantities of radioactive material do not includethe radioactive material contained in any fuel assembly, subassembly,fuel rod, or fuel pellet.

(24) Category 2 quantity of radioactive material--Aquantity of radioactive material meeting or exceeding the category2 threshold but less than the category 1 threshold in accordance with §336.357(z)of this title (relating to Physical Protection of Category 1 and Category2 Quantities of Radioactive Material). This is determined by calculatingthe ratio of the total activity of each radionuclide to the category2 threshold for that radionuclide and adding the ratios together.If the sum is equal to or exceeds 1, the quantity would be considereda category 2. Category 2 quantities of radioactive material do notinclude the radioactive material contained in any fuel assembly, subassembly,fuel rod, or fuel pellet.

(25) Class--A classification scheme for inhaled materialaccording to its rate of clearance from the pulmonary region of thelung. Materials are classified as D, W, or Y, which applies to a rangeof clearance half-times: for Class D (Days) of less than ten days,for Class W (Weeks) from 10 to 100 days, and for Class Y (Years) ofgreater than 100 days. For purposes of the rules in this chapter,"lung class" and "inhalation class" are equivalent terms.

(26) Collective dose--The sum of the individual dosesreceived in a given period of time by a specified population fromexposure to a specified source of radiation.

(27) Committed dose equivalent (HT , 50 ) (CDE)--Thedose equivalent to organs or tissues of reference (T) that will bereceived from an intake of radioactive material by an individual duringthe 50-year period following the intake.

(28) Committed effective dose equivalent (HE ,50 )(CEDE)--The sum of the products of the weighting factors applicableto each of the body organs or tissues that are irradiated and thecommitted dose equivalent to each of these organs or tissues.

(29) Compact--The Texas Low-Level Radioactive WasteDisposal Compact established under Texas Health and Safety Code, §403.006and Texas Low-Level Radioactive Waste Disposal Compact Consent Act,Public Law Number 105-236 (1998).

(30) Compact waste--Low-level radioactive waste that:

(A) is generated in a host state or a party state; or

(B) is not generated in a host state or a party state,but has been approved for importation to this state by the compactcommission under §3.05 of the compact established under TexasHealth and Safety Code, §403.006.

(31) Compact waste disposal facility--The low-levelradioactive waste land disposal facility licensed by the commissionunder Subchapter H of this chapter (relating to Licensing Requirementsfor Near-Surface Land Disposal of Low-Level Radioactive Waste) forthe disposal of compact waste.

(32) Constraint (dose constraint)--A value above whichspecified licensee actions are required.

(33) Critical group--The group of individuals reasonablyexpected to receive the greatest exposure to residual radioactivityfor any applicable set of circ*mstances.

(34) Curie (Ci)--See §336.4 of this title (relatingto Units of Radioactivity).

(35) Declared pregnant woman--A woman who has voluntarilyinformed the licensee, in writing, of her pregnancy and the estimateddate of conception. The declaration remains in effect until the declaredpregnant woman withdraws the declaration in writing or is no longer pregnant.

(36) Decommission--To remove (as a facility) safelyfrom service and reduce residual radioactivity to a level that permits:

(A) release of the property for unrestricted use andtermination of license; or

(B) release of the property under restricted conditionsand termination of the license.

(37) Deep-dose equivalent (Hd ) (which applies to externalwhole-body exposure)--The dose equivalent at a tissue depth of onecentimeter (1,000 milligrams/square centimeter).

(38) Demand respirator--An atmosphere-supplying respiratorthat admits breathing air to the facepiece only when a negative pressureis created inside the facepiece by inhalation.

(39) Depleted uranium--The source material uraniumin which the isotope uranium-235 is less than 0.711%, by weight, ofthe total uranium present. Depleted uranium does not include specialnuclear material.

(40) Derived air concentration (DAC)--The concentrationof a given radionuclide in air which, if breathed by the "referenceman" for a working year of 2,000 hours under conditions of light work(inhalation rate of 1.2 cubic meters of air/hour), results in an intakeof one ALI. DAC values are given in Table I, Column 3, of §336.359(d)of this title (relating to Appendix B. Annual Limits on Intake (ALI)and Derived Air Concentrations (DAC) of Radionuclides for OccupationalExposure; Effluent Concentrations; Concentrations for Release to Sanitary Sewerage).

(41) Derived air concentration-hour (DAC-hour)--Theproduct of the concentration of radioactive material in air (expressedas a fraction or multiple of the derived air concentration for eachradionuclide) and the time of exposure to that radionuclide, in hours.A licensee shall take 2,000 DAC-hours to represent one, equivalentto a committed effective dose equivalent of 5 rems (0.05 sievert).

(42) Discrete source--A radionuclide that has beenprocessed so that its concentration within a material has been purposelyincreased for use for commercial, medical, or research activities.

(43) Disposal--With regard to low-level radioactivewaste, the isolation or removal of low-level radioactive waste frommankind and mankind's environment without intent to retrieve thatlow-level radioactive waste later.

(44) Disposable respirator--A respirator for whichmaintenance is not intended and that is designed to be discarded afterexcessive breathing resistance, sorbent exhaustion, physical damage,or end-of-service-life renders it unsuitable for use. Examples ofthis type of respirator are a disposable half-mask respirator or adisposable escape-only Self-Contained breathing apparatus.

(45) Distinguishable from background--The detectableconcentration of a radionuclide is statistically different from thebackground concentration of that radionuclide in the vicinity of thesite or, in the case of structures, in similar materials using adequatemeasurement technology, survey, and statistical techniques.

(46) Diversion--The unauthorized movement of radioactivematerial subject to §336.357 of this title (relating to PhysicalProtection of Category 1 and Category 2 Quantities of RadioactiveMaterial) to a location different from the material's authorized destinationinside or outside of the site at which the material is used or stored.

(47) Dose--A generic term that means absorbed dose,dose equivalent, effective dose equivalent, committed dose equivalent,committed effective dose equivalent, total organ dose equivalent,or total effective dose equivalent. For purposes of the rules in thischapter, "radiation dose" is an equivalent term.

(48) Dose equivalent (H_T)--The product of the absorbed dose in tissue, quality factor, and all other necessary modifying factors at the location of interest. The units of dose equivalent are the rem and sievert (S_v).

(49) Dose limits--The permissible upper bounds of radiation doses established in accordance with the rules in this chapter. For purposes of the rules in this chapter, "limits" is an equivalent term.

(50) Dosimetry processor--An individual or organization that processes and evaluates individual monitoring devices in order to determine the radiation dose delivered to the monitoring devices.

(51) Effective dose equivalent (H_E)--The sum of the products of the dose equivalent to each organ or tissue (H_T) and the weighting factor (w_T) applicable to each of the body organs or tissues that are irradiated.

(52) Embryo/fetus--The developing human organism from conception until the time of birth.

(53) Entrance or access point--Any opening through which an individual or extremity of an individual could gain access to radiation areas or to licensed radioactive materials. This includes portals of sufficient size to permit human access, irrespective of their intended use.

(54) Environmental Radiation and Perpetual Care Account--An account in the general revenue fund established for the purposes specifiedin the Texas Health and Safety Code, §401.306.

(55) Escorted access--Accompaniment while in a securityzone by an approved individual who maintains continuous direct visualsurveillance at all times over an individual who is not approved forunescorted access.

(56) Exposure--Being exposed to ionizing radiationor to radioactive material.

(57) Exposure rate--The exposure per unit of time.

(58) External dose--That portion of the dose equivalentreceived from any source of radiation outside the body.

(59) Extremity--Hand, elbow, arm below the elbow, foot,knee, and leg below the knee. The arm above the elbow and the legabove the knee are considered part of the whole body.

(60) Federal facility waste--Low-level radioactivewaste that is the responsibility of the federal government under theLow-Level Radioactive Waste Policy Act, as amended by the Low-LevelRadioactive Waste Policy Amendments Act of 1985 (42 United StatesCode, §2021b - 2021j). Excluded from this definition is low-levelradioactive waste that is classified as greater than Class C in §336.362of this title (relating to Appendix E. Classification and Characteristicsof Low-Level Radioactive Waste).

(61) Federal facility waste disposal facility--A low-levelradioactive waste land disposal facility for the disposal of federalfacility waste licensed under Subchapters H and J of this chapter(relating to Licensing Requirements for Near-Surface Land Disposalof Low-Level Radioactive Waste, and Federal Facility Waste Disposal Facility).

(62) Filtering facepiece (dust mask)--A negative pressureparticulate respirator with a filter as an integral part of the facepieceor with the entire facepiece composed of the filtering medium, notequipped with elastomeric sealing surfaces and adjustable straps.

(63) Fingerprint Orders--Orders issued by the NuclearRegulatory Commission or the legally binding requirements issued byAgreement States that require fingerprints and criminal history recordschecks for individuals with unescorted access to category 1 and category2 quantities of radioactive material or safeguards information-modified handling.

(64) Fit factor--A quantitative estimate of the fitof a particular respirator to a specific individual, and typicallyestimates the ratio of the concentration of a substance in ambientair to its concentration inside the respirator when worn.

(65) Fit test--The use of a protocol to qualitativelyor quantitatively evaluate the fit of a respirator on an individual.

(66) General license--An authorization granted by anagency under its rules which is effective without the filing of anapplication with that agency or the issuance of a licensing documentto the particular person.

(67) Generally applicable environmental radiation standards--Standardsissued by the EPA under the authority of the Atomic Energy Act of1954, as amended through October 4, 1996, that impose limits on radiationexposures or levels, or concentrations or quantities of radioactivematerial, in the general environment outside the boundaries of locationsunder the control of persons possessing or using radioactive material.

(68) Gray (G_y)--See §336.3of this title (relating to Units of Radiation Exposure and Dose).

(69) Hazardous waste--Hazardous waste as defined in §335.1of this title (relating to Definitions).

(70) Helmet--A rigid respiratory inlet covering thatalso provides head protection against impact and penetration.

(71) High radiation area--An area, accessible to individuals,in which radiation levels from radiation sources external to the bodycould result in an individual receiving a dose equivalent in excessof 0.1 rem (1 millisievert) in one hour at 30 centimeters from theradiation source or 30 centimeters from any surface that the radiation penetrates.

(72) Hood--A respiratory inlet covering that completelycovers the head and neck and may also cover portions of the shouldersand torso.

(73) Host state--A party state in which a compact facilityis located or is being developed. The state of Texas is the host stateunder the Texas Low-Level Radioactive Waste Disposal Compact, §2.01,established under Texas Health and Safety Code, §403.006.

(74) Individual--Any human being.

(75) Individual monitoring--The assessment of:

(A) dose equivalent by the use of individual monitoring devices;

(B) committed effective dose equivalent by bioassayor by determination of the time-weighted air concentrations to whichan individual has been exposed, that is, derived air concentration-hour; or

(76) Individual monitoring devices--Devices designedto be worn by a single individual for the assessment of dose equivalentsuch as film badges, thermoluminescence dosimeters, pocket ionizationchambers, and personal ("lapel") air sampling devices.

(77) Inhalation class--See "Class."

(78) Inspection--An official examination and/or observationincluding, but not limited to, records, tests, surveys, and monitoringto determine compliance with the Texas Radiation Control Act and rules,orders, and license conditions of the commission.

(79) Internal dose--That portion of the dose equivalentreceived from radioactive material taken into the body.

(80) Land disposal facility--The land, buildings andstructures, and equipment which are intended to be used for the disposalof low-level radioactive wastes into the subsurface of the land. Forpurposes of this chapter, a "geologic repository" as defined in 10Code of Federal Regulations §60.2 as amended through October27, 1988 (53 FR 43421) (relating to Definitions - high-level radioactivewastes in geologic repositories) is not considered a "land disposal facility."

(81) Lens dose equivalent (LDE)--The external exposureof the lens of the eye and is taken as the dose equivalent at a tissuedepth of 0.3 centimeter (300 mg/cm²).

(82) License--See "Specific license."

(83) Licensed material--Radioactive material received,possessed, used, processed, transferred, or disposed of under a licenseissued by the commission.

(84) Licensee--Any person who holds a license issuedby the commission in accordance with the Texas Health and Safety Code,Chapter 401 (Radioactive Materials and Other Sources of Radiation)and the rules in this chapter. For purposes of the rules in this chapter,"radioactive material licensee" is an equivalent term. Unless statedotherwise, "licensee" as used in the rules of this chapter means theholder of a "specific license."

(85) Licensing state--Any state with rules equivalentto the Suggested State Regulations for Control of Radiation relatingto, and having an effective program for, the regulatory control ofnaturally occurring or accelerator-produced radioactive material (NARM)and which has been designated as such by the Conference of RadiationControl Program Directors, Inc.

(86) Local law enforcement agency (LLEA)--A publicor private organization that has been approved by a federal, state,or local government to carry firearms; make arrests; and is authorizedand has the capability to provide an armed response in the jurisdictionwhere the licensed category 1 or category 2 quantity of radioactivematerial is used, stored, or transported.

(87) Loose-fitting facepiece--A respiratory inlet coveringthat is designed to form a partial seal with the face.

(88) Lost or missing licensed radioactive material--Licensedmaterial whose location is unknown. This definition includes materialthat has been shipped but has not reached its planned destinationand whose location cannot be readily traced in the transportation system.

(89) Low-level radioactive waste--

(A) Except as provided by subparagraph (B) of thisparagraph, low-level radioactive waste means radioactive material that:

(i) is discarded or unwanted and is not exempt by aTexas Department of State Health Services rule adopted under the TexasHealth and Safety Code, §401.106;

(ii) is waste, as that term is defined by 10 Code ofFederal Regulations (CFR) §61.2; and

(iii) is subject to:

(I) concentration limits established under this chapter; and

(II) disposal criteria established under this chapter.

(B) Low-level radioactive waste does not include:

(i) high-level radioactive waste defined by 10 CFR §60.2;

(ii) spent nuclear fuel as defined by 10 CFR §72.3;

(iii) transuranic waste as defined in this section;

(iv) by-product [~~byproduct~~] materialas defined by paragraph (20)(B) - (E) of this section;

(v) naturally occurring radioactive material (NORM)waste; or

(vi) oil and gas NORM waste.

(C) When used in this section, the references to 10CFR sections mean those CFR sections as they existed on September1, 1999, as required by Texas Health and Safety Code, §401.005.

(90) Lung class--See "Class."

(91) Member of the public--Any individual except whenthat individual is receiving an occupational dose.

(92) Minor--An individual less than 18 years of age.

(93) Mixed waste--A combination of hazardous waste,as defined in §335.1 of this title (relating to Definitions)and low-level radioactive waste. The term includes compact waste andfederal facility waste containing hazardous waste.

(94) Mobile device--A piece of equipment containinglicensed radioactive material that is either mounted on wheels orcasters, or otherwise equipped for moving without a need for disassemblyor dismounting; or designed to be hand carried. Mobile devices donot include stationary equipment installed in a fixed location.

(95) Monitoring--The measurement of radiation levels,radioactive material concentrations, surface area activities, or quantitiesof radioactive material and the use of the results of these measurementsto evaluate potential exposures and doses. For purposes of the rulesin this chapter, "radiation monitoring" and "radiation protectionmonitoring" are equivalent terms.

(96) Movement control center--An operations centerthat is remote from transport activity and that maintains positioninformation on the movement of radioactive material, receives reportsof attempted attacks or thefts, provides a means for reporting theseand other problems to appropriate agencies and can request and coordinateappropriate aid.

(97) Nationally tracked source--A sealed source containinga quantity equal to or greater than category 1 or category levelsof any radioactive material listed in §336.351 of this title(relating to Reports of Transactions Involving Nationally TrackedSources). In this context a sealed source is defined as radioactivematerial that is sealed in a capsule or closely bonded, in a solidform and which is not exempt from regulatory control. It does notmean material encapsulated solely for disposal, or nuclear materialcontained in any fuel assembly, subassembly, fuel rod, or fuel pellet.Category 1 nationally tracked sources are those containing radioactivematerial at a quantity equal to or greater than the category 1 threshold.Category 2 nationally tracked sources are those containing radioactivematerial at a quantity equal to or greater than the category 2 thresholdbut less than the category 1 threshold.

(98) Naturally occurring or accelerator-produced radioactivematerial (NARM)--Any NARM except source material or special nuclear material.

(99) Naturally occurring radioactive material (NORM)waste--Solid, liquid, or gaseous material or combination of materials,excluding source material, special nuclear material, and by-product [~~byproduct~~] material, that:

(A) in its natural physical state spontaneously emits radiation;

(B) is discarded or unwanted; and

(C) is not exempt under rules of the Texas Departmentof State Health Services adopted under Texas Health and Safety Code, §401.106.

(100) Near-surface disposal facility--A land disposalfacility in which low-level radioactive waste is disposed of in orwithin the upper 30 meters of the earth's surface.

(101) Negative pressure respirator (tight fitting)--Arespirator in which the air pressure inside the facepiece is negativeduring inhalation with respect to the ambient air pressure outsidethe respirator.

(102) No-later-than arrival time--The date and timethat the shipping licensee and receiving licensee have establishedas the time an investigation will be initiated if the shipment hasnot arrived at the receiving facility. The no-later-than arrival timemay not be more than six hours after the estimated arrival time forshipments of category 2 quantities of radioactive material.

(103) Nonstochastic effect--A health effect, the severityof which varies with the dose and for which a threshold is believedto exist. Radiation-induced cataract formation is an example of anonstochastic effect. For purposes of the rules in this chapter, "deterministiceffect" is an equivalent term.

(104) Occupational dose--The dose received by an individualin the course of employment in which the individual's assigned dutiesinvolve exposure to radiation and/or to radioactive material fromlicensed and unlicensed sources of radiation, whether in the possessionof the licensee or other person. Occupational dose does not includedose received from background radiation, as a patient from medicalpractices, from voluntary participation in medical research programs,or as a member of the public.

(105) Oil and gas naturally occurring radioactive material(NORM) waste--NORM waste that constitutes, is contained in, or hascontaminated oil and gas waste as that term is defined in the TexasNatural Resources Code, §91.1011.

(106) On-site--The same or geographically contiguousproperty that may be divided by public or private rights-of-way, providedthe entrance and exit between the properties is at a cross-roads intersection,and access is by crossing, as opposed to going along, the right-of-way.Noncontiguous properties owned by the same person but connected bya right-of-way that the property owner controls and to which the publicdoes not have access, is also considered on-site property.

(107) Particle accelerator--Any machine capable ofaccelerating electrons, protons, deuterons, or other charged particlesin a vacuum and discharging the resultant particulate or other associatedradiation at energies usually in excess of 1 million electron volts (MeV).

(108) Party state--Any state that has become a partyto the compact in accordance with Article VII of the Texas Low-LevelRadioactive Waste Disposal Compact, established under Texas Healthand Safety Code, §403.006.

(109) Perpetual care account--The Environmental Radiationand Perpetual Care Account as defined in this section.

(110) Personnel monitoring equipment--See "Individualmonitoring devices."

(111) Planned special exposure--An infrequent exposureto radiation, separate from and in addition to the annual occupationaldose limits.

(112) Positive pressure respirator--A respirator inwhich the pressure inside the respiratory inlet covering exceeds theambient air pressure outside the respirator.

(113) Powered air-purifying respirator (PAPR)--An air-purifyingrespirator that uses a blower to force the ambient air through air-purifyingelements to the inlet covering.

(114) Pressure demand respirator--A positive pressureatmosphere-supplying respirator that admits breathing air to the facepiecewhen the positive pressure is reduced inside the facepiece by inhalation.

(115) Principal activities--Activities authorized bythe license which are essential to achieving the purpose(s) for whichthe license is issued or amended. Storage during which no licensedmaterial is accessed for use or disposal and activities incidentalto decontamination or decommissioning are not principal activities.

(116) Public dose--The dose received by a member ofthe public from exposure to radiation and/or radioactive materialreleased by a licensee, or to any other source of radiation underthe control of the licensee. It does not include occupational doseor doses received from background radiation, as a patient from medicalpractices, or from voluntary participation in medical research programs.

(117) Qualitative fit test (QLFT)--A pass/fail testto assess the adequacy of respirator fit that relies on the individual'sresponse to the test agent.

(118) Quality factor (Q)--The modifying factor listedin Table I or II of §336.3(c) or (d) of this title (relatingto Units of Radiation Exposure and Dose) that is used to derive doseequivalent from absorbed dose.

(119) Quantitative fit test (QNFT)--An assessment ofthe adequacy of respirator fit by numerically measuring the amountof leakage into the respirator.

(120) Quarter (Calendar quarter)--A period of timeequal to one-fourth of the year observed by the licensee (approximately13 consecutive weeks), providing that the beginning of the first quarterin a year coincides with the starting date of the year and that noday is omitted or duplicated in consecutive quarters.

(121) Rad--See §336.3 of this title (relatingto Units of Radiation Exposure and Dose).

(122) Radiation--Alpha particles, beta particles, gammarays, x-rays, neutrons, high-speed electrons, high-speed protons,and other particles capable of producing ions. For purposes of therules in this chapter, "ionizing radiation" is an equivalent term.Radiation, as used in this chapter, does not include non-ionizingradiation, such as radio- or microwaves or visible, infrared, or ultraviolet light.

(123) Radiation area--Any area, accessible to individuals,in which radiation levels could result in an individual receivinga dose equivalent in excess of 0.005 rem (0.05 millisievert) in onehour at 30 centimeters from the source of radiation or from any surfacethat the radiation penetrates.

(124) Radiation machine--Any device capable of producingionizing radiation except those devices with radioactive materialas the only source of radiation.

(125) Radioactive material--A naturally-occurring orartificially-produced solid, liquid, or gas that emits radiation spontaneously.

(126) Radioactive substance--Includes by-product [~~byproduct~~] material, radioactive material, low-level radioactivewaste, source material, special nuclear material, source of radiation,and naturally occurring radioactive material (NORM) NORM waste, excludingoil and gas NORM waste.

(127) Radioactivity--The disintegration of unstableatomic nuclei with the emission of radiation.

(128) Radiobioassay--See "Bioassay."

(129) Reference man--A hypothetical aggregation ofhuman physical and physiological characteristics determined by internationalconsensus. These characteristics shall be used by researchers andpublic health workers to standardize results of experiments and torelate biological insult to a common base. A description of "referenceman" is contained in the International Commission on RadiologicalProtection (ICRP) report, ICRP Publication 23, "Report of the TaskGroup on Reference Man."

(130) Rem--See §336.3 of this title (relatingto Units of Radiation Exposure and Dose).

(131) Residual radioactivity--Radioactivity in structures,materials, soils, groundwater, and other media at a site resultingfrom activities under the licensee's control. This includes radioactivityfrom all licensed and unlicensed sources used by the licensee, butexcludes background radiation. It also includes radioactive materialsremaining at the site as a result of routine or accidental releasesof radioactive material at the site and previous burials at the site,even if those burials were made in accordance with the provisionsof 10 Code of Federal Regulations Part 20.

(132) Respiratory protection equipment--An apparatus,such as a respirator, used to reduce an individual's intake of airborneradioactive materials. For purposes of the rules in this chapter,"respiratory protective device" is an equivalent term.

(133) Restricted area--An area, access to which islimited by the licensee for the purpose of protecting individualsagainst undue risks from exposure to radiation and radioactive materials.Restricted area does not include areas used as residential quarters,but separate rooms in a residential building shall be set apart asa restricted area.

(134) Reviewing official--The individual who shallmake the trustworthiness and reliability determination of an individualto determine whether the individual may have, or continue to have,unescorted access to the category 1 or category 2 quantities of radioactivematerials that are possessed by the licensee.

(135) Roentgen (R)--See §336.3 of this title (relatingto Units of Radiation Exposure and Dose).

(136) Sabotage--Deliberate damage, with malevolentintent, to a category 1 or category 2 quantity of radioactive material,a device that contains a category 1 or category 2 quantity of radioactivematerial, or the components of the security system.

(137) Safe haven--A readily recognizable and readilyaccessible site at which security is present or from which, in theevent of an emergency, the transport crew can notify and wait forthe local law enforcement authorities.

(138) Sanitary sewerage--A system of public sewersfor carrying off waste water and refuse, but excluding sewage treatmentfacilities, septic tanks, and leach fields owned or operated by the licensee.

(139) Sealed source--Radioactive material that is permanentlybonded or fixed in a capsule or matrix designed to prevent releaseand dispersal of the radioactive material under the most severe conditionsthat are likely to be encountered in normal use and handling.

(140) Security zone--Any temporary or permanent areaestablished by the licensee for the physical protection of category1 or category 2 quantities of radioactive material.

(141) Self-contained breathing apparatus (SCBA)--Anatmosphere-supplying respirator for which the breathing air sourceis designed to be carried by the user.

(142) Shallow-dose equivalent (H_s)(which applies to the external exposure of the skin of the whole bodyor the skin of an extremity)--The dose equivalent at a tissue depthof 0.007 centimeter (seven milligrams/square centimeter).

(143) SI--The abbreviation for the International Systemof Units.

(144) Sievert (S_v)--See §336.3of this title (relating to Units of Radiation Exposure and Dose).

(145) Site boundary--That line beyond which the landor property is not owned, leased, or otherwise controlled by the licensee.

(146) Source material--

(A) uranium or thorium, or any combination thereof,in any physical or chemical form; or

(B) ores that contain, by weight, 0.05% or more ofuranium, thorium, or any combination thereof. Source material doesnot include special nuclear material.

(147) Special form radioactive material--Radioactivematerial which is either a single solid piece or is contained in asealed capsule that can be opened only by destroying the capsule andwhich has at least one dimension not less than five millimeters andwhich satisfies the test requirements of 10 Code of Federal Regulations §71.75as amended through September 28, 1995 (60 FR 50264) (Transportationof License Material).

(148) Special nuclear material--

(A) plutonium, uranium-233, uranium enriched in theisotope 233 or in the isotope 235, and any other material that theNational Regulatory Commission, under the provisions of the AtomicEnergy Act of 1954, §51, as amended through November 2, 1994(Public Law 103-437), determines to be special nuclear material, butdoes not include source material; or

(B) any material artificially enriched by any of theforegoing, but does not include source material.

(149) Special nuclear material in quantities not sufficientto form a critical mass--Uranium enriched in the isotope 235 in quantitiesnot exceeding 350 grams of contained uranium-235; uranium-233 in quantitiesnot exceeding 200 grams; plutonium in quantities not exceeding 200grams; or any combination of these in accordance with the followingformula: For each kind of special nuclear material, determine theratio between the quantity of that special nuclear material and thequantity specified in this paragraph for the same kind of specialnuclear material. The sum of such ratios for all of the kinds of specialnuclear material in combination shall not exceed 1. For example, thefollowing quantities in combination would not exceed the limitation:(175 grams contained U-235/350 grams) + (50 grams U-233/200 grams)+ (50 grams Pu/200 grams) = 1.

(150) Specific license--A licensing document issuedby an agency upon an application filed under its rules. For purposesof the rules in this chapter, "radioactive material license" is anequivalent term. Unless stated otherwise, "license" as used in thischapter means a "specific license."

(151) State--The state of Texas.

(152) Stochastic effect--A health effect that occursrandomly and for which the probability of the effect occurring, ratherthan its severity, is assumed to be a linear function of dose withoutthreshold. Hereditary effects and cancer incidence are examples ofstochastic effects. For purposes of the rules in this chapter, "probabilisticeffect" is an equivalent term.

(153) Supplied-air respirator (SAR) or airline respirator--Anatmosphere-supplying respirator for which the source of breathingair is not designed to be carried by the user.

(154) Survey--An evaluation of the radiological conditionsand potential hazards incident to the production, use, transfer, release,disposal, and/or presence of radioactive materials or other sourcesof radiation. When appropriate, this evaluation includes, but is notlimited to, physical examination of the location of radioactive materialand measurements or calculations of levels of radiation or concentrationsor quantities of radioactive material present.

(155) Telemetric position monitoring system--A datatransfer system that captures information from instrumentation and/ormeasuring devices about the location and status of a transport vehicleor package between the departure and destination locations.

(156) Termination--As applied to a license, a releaseby the commission of the obligations and authorizations of the licenseeunder the terms of the license. It does not relieve a person of dutiesand responsibilities imposed by law.

(157) Tight-fitting facepiece--A respiratory inletcovering that forms a complete seal with the face.

(158) Total effective dose equivalent (TEDE)--The sumof the effective dose equivalent (for external exposures) and thecommitted effective dose equivalent (for internal exposures).

(159) Total organ dose equivalent (TODE)--The sum ofthe deep-dose equivalent and the committed dose equivalent to theorgan receiving the highest dose as described in §336.346(a)(6)of this title (relating to Records of Individual Monitoring Results).

(160) Transuranic waste--For the purposes of this chapter,wastes containing alpha emitting transuranic radionuclides with ahalf-life greater than five years at concentrations greater than 100 nanocuries/gram.

(161) Trustworthiness and reliability--Characteristicsof an individual considered dependable in judgment, character, andperformance, such that unescorted access to category 1 or category2 quantities of radioactive material by that individual does not constitutean unreasonable risk to the public health and safety or security.A determination of trustworthiness and reliability for this purposeis based upon the results from a background investigation.

(162) Type A quantity (for packaging)--A quantity ofradioactive material, the aggregate radioactivity of which does notexceed A 1 for special form radioactive material or A2 for normalform radioactive material, where A1 and A2 are given in or shall bedetermined by procedures in Appendix A to 10 Code of Federal RegulationsPart 71 as amended through September 28, 1995 (60 FR 50264) (Packagingand Transportation of Radioactive Material).

(163) Type B quantity (for packaging)--A quantity ofradioactive material greater than a Type A quantity.

(164) Unescorted access--Solitary access to an aggregatedcategory 1 or category 2 quantity of radioactive material or the devicesthat contain the material.

(165) Unrefined and unprocessed ore--Ore in its naturalform before any processing, such as grinding, roasting, beneficiating,or refining.

(166) Unrestricted area--Any area that is not a restricted area.

(167) User seal check (fit check)--An action conductedby the respirator user to determine if the respirator is properlyseated to the face. Examples include negative pressure check, positivepressure check, irritant smoke check, or isoamyl acetate check.

(168) Very high radiation area--An area, accessibleto individuals, in which radiation levels from radiation sources externalto the body could result in an individual receiving an absorbed dosein excess of 500 rads (five grays) in one hour at one meter from asource of radiation or one meter from any surface that the radiation penetrates.

(169) Violation--An infringement of any provision ofthe Texas Radiation Control Act (TRCA) or of any rule, order, or licensecondition of the commission issued under the TRCA or this chapter.

(170) Waste--Low-level radioactive wastes containingsource, special nuclear, or by-product [~~byproduct~~]material that are acceptable for disposal in a land disposal facility.For the purposes of this definition, low-level radioactive waste meansradioactive waste not classified as high-level radioactive waste,transuranic waste, spent nuclear fuel, or by-product [~~byproduct~~] material as defined in paragraph (20)(B) - (E) of this section.

(171) Week--Seven consecutive days starting on Sunday.

(172) Weighting factor (w_T)for an organ or tissue (T)--The proportion of the risk of stochasticeffects resulting from irradiation of that organ or tissue to thetotal risk of stochastic effects when the whole body is irradiateduniformly. For calculating the effective dose equivalent, the valuesof w_T are:

Figure: 30 TAC §336.2(172) (No change.)

(173) Whole body--For purposes of external exposure,head, trunk including male gonads, arms above the elbow, or legs abovethe knee.

(174) Worker--An individual engaged in activities undera license issued by the commission and controlled by a licensee, butdoes not include the licensee.

(175) Working level (WL)--Any combination of short-livedradon daughters in one liter of air that will result in the ultimateemission of 1.3 x 10⁵ MeV of potentialalpha particle energy. The short-lived radon daughters are: for radon-222:polonium-218, lead-214, bismuth-214, and polonium-214; and for radon-220:polonium-216, lead-212, bismuth-212, and polonium-212.

(176) Working level month (WLM)--An exposure to oneworking level for 170 hours (2,000 working hours per year dividedby 12 months per year is approximately equal to 170 hours per month).

(177) Year--The period of time beginning in Januaryused to determine compliance with the provisions of the rules in thischapter. The licensee shall change the starting date of the year usedto determine compliance by the licensee provided that the change ismade at the beginning of the year and that no day is omitted or duplicatedin consecutive years.

The agency certifies that legal counsel hasreviewed the proposal and found it to be within the state agency'slegal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402625

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-0634

SUBCHAPTER B. RADIOACTIVE SUBSTANCE FEES

30 TAC §336.102, §336.105

Statutory Authority

The rule changes are proposed under Texas Water Code (TWC), §5.102,concerning general powers of the commission; TWC, §5.103, whichauthorizes the commission to adopt any rules necessary to carry outit* power and duties; TWC, §5.105, which authorizes the commissionto establish and approved all general policy of the commission byrule; Texas Health and Safety Code (THSC), §401.011, which authorizesthe commission to regulate and license the disposal of radioactivesubstances, the processing and storage of low-level radioactive wasteor naturally occurring radioactive material waste, the recovery andprocessing of source material, and the processing of by-product material;THSC, §401.051, which authorizes the commission to adopt rulesand guidelines relating to control of sources of radiation; THSC, §401.103,which authorizes the commission to adopt rules and guidelines thatprovide for licensing and registration for the control of sourcesof radiation; THSC, §401.104, which requires the commission toprovide rules for licensing for the disposal of radioactive substances;THSC, §401.202, which authorizes the commission to regulate commercialprocessing and disposal of low-level radioactive waste; THSC, §401.262,which authorizes the commission to regulate by-product storage andprocessing facilities; THSC, §401.301, which authorizes the commissionto set fees by rule; and THSC, §401.412, which authorizes thecommission to issue licenses for the disposal of radioactive substances.

The proposed amendments implement THSC, Chapter 401, and are proposedto meet compatibility standards set by the United States Nuclear Regulatory Commission.

§336.102.Definitions.

Terms used in this subchapter are defined in §336.2 ofthis title (relating to Definitions). Additional terms used in thissubchapter have the following definitions:

(1) Closure--Any one or combinationof the following: closure, dismantlement, decontamination, decommissioning,reclamation, disposal, aquifer restoration, stabilization, monitoring,or post closure observation and maintenance.

(2) [~~(1)~~] Emergency response--Theapplication of those capabilities necessary for the protection ofthe public and the environment from the effects of an accidental oruncontrolled release of radioactive materials, including the equipping,training, and periodic retraining of response personnel.

(3) [~~(2)~~] Fixed nuclear facility--

(A) Any nuclear reactor(s) at a single site;

(B) Any facility designed or used for the assemblyor disassembly of nuclear weapons; or

(C) Any other facility using special nuclear materialfor which emergency response activities, including training, are conductedto protect the public health and safety or the environment.

§336.105.Schedule of Fees for Other Licenses.

(a) Each application for a license under SubchapterF of this chapter (relating to Licensing of Alternative Methods ofDisposal of Radioactive Material), Subchapter G of this chapter (relatingto Decommissioning Standards), Subchapter K of this chapter (relatingto Commercial Disposal of Naturally Occurring Radioactive MaterialWaste from Public Water Systems), Subchapter L of this chapter (relatingto Licensing of Source Material Recovery and By-product Material DisposalFacilities), or Subchapter M of this chapter (relating to Licensingof Radioactive Substances Processing and Storage Facilities) mustbe accompanied by an application fee as follows:

(1) facilities regulated under Subchapter F of thischapter: $50,000;

(2) facilities regulated under Subchapter G of thischapter: $10,000;

(3) facilities regulated under Subchapter K of thischapter: $50,000;

(4) facilities regulated under Subchapter L of thischapter: $463,096 for conventional mining; $322,633 for in situ mining;$325,910 for heap leach; and $374,729 for disposal only; or

(A) if the application fee is not sufficient to covercosts incurred by the commission, then the applicant shall submita supplemental fee to recover the actual costs incurred by the commissionfor review of the application and any hearings associated with anapplication for commercial by-product material disposal under SubchapterL of this chapter in accordance with Texas Health and Safety Code, §401.301(g);

(B) the executive director shall invoice for the amountof the costs incurred quarterly. Payment shall be made within 30 daysfollowing the date of the invoice;

(5) facilities regulated under Subchapter M of thischapter: $3,830 for Waste Processing - Class I Exempt; $39,959 forWaste Processing - Class I; $94,661 for Waste Processing - Class II;and $273,800 for Waste Processing - Class III.

(b) An annual license fee shall be paid for each licenseissued under Subchapters F, G, K, L, and M of this chapter. The amountof each annual fee is as follows:

(1) facilities regulated under Subchapter F of thischapter: $25,000;

(2) facilities regulated under Subchapter G of thischapter: $8,400;

(3) facilities regulated under Subchapter K of thischapter: $25,000;

(4) facilities regulated under Subchapter L of thischapter that are operational: $60,929.50; or

(A) if the annual fee is not sufficient to cover costsincurred by the commission, a holder of a license for commercial by-productmaterial disposal issued under Subchapter L of this chapter shallsubmit a supplemental license fee sufficient to recover the actualcosts incurred by the commission. This fee shall recover for the statethe actual expenses arising from the regulatory activities associatedwith the license in accordance with Texas Health and Safety Code, §401.412(d);

(B) the executive director shall invoice for the amountof the costs incurred quarterly. Payment shall be made within 30 daysfollowing the date of the invoice;

(5) facilities regulated under Subchapter L of thischapter that are in closure: $60,929.50;

(6) facilities regulated under Subchapter L of thischapter that are in post-closure: $52,011.50 for conventional mining;$26,006 for in situ mining; and $52,011.50 for disposal only;

(7) facilities regulated under Subchapter L of thischapter, if additional noncontiguous source material recovery facilitysites are authorized under the same license, the annual fee shallbe increased by 25% for each additional site and 50% for sites in closure;

(8) facilities regulated under Subchapter L of thischapter, if an authorization for disposal of by-product material isadded to a license, the annual fee shall be increased by 25%;

(9) facilities regulated under Subchapter L of thischapter, the following one-time fees apply if added after an environmentalassessment has been completed on a facility:

(A) $28,658 for in situ wellfield on noncontiguous property;

(B) $71,651 for in situ satellite;

(D) $50,756 for non-vacuum dryer; or

(E) $71, 651 for disposal (including processing, ifapplicable) of by-product material; or

(10) facilities regulated under Subchapter M of thischapter: $3,830 for Waste Processing - Class I Exempt; $39,959 forWaste Processing - Class I; $94,661 for Waste Processing - Class II;and $273,800 for Waste Processing - Class III.

(c) An application for a major amendment of a licenseissued under Subchapter F, G, K, L, or M of this chapter must be accompaniedby an application fee of $10,000.

(d) An application for renewal of a license issuedunder Subchapter F, G, K, L, or M of this chapter must be accompaniedby an application fee of $35,000.

(e) Upon permanent cessation of all disposal activitiesand approval of the final decommissioning plan, holders of licensesissued under Subchapter F, K, L, or M of this chapter shall use theapplicable fee schedule for subsections (b) and (c) of this section.

(f) For any application for a license issued underthis chapter, the commission may assess and collect additional feesfrom the applicant to recover costs. Recoverable costs include costsincurred by the commission for administrative review, technical review,and hearings associated with the application. The executive directorshall send an invoice for the amount of the costs incurred duringthe period September 1 through August 31 of each year. Payment shallbe made within 30 days following the date of the invoice.

[(g) If a licensee remitted a bienniallicensing fee to the Texas Department of State Health Services duringthe one year period prior to June 17, 2007, the licensee is not subjectto an annual fee under subsection (b) of this section until the expirationof the second year for which the biennial fee was paid.]

(g) [~~(h)~~] The commission maycharge an additional 5% of annual fee assessed under subsection (b)of this section and §336.103 of this title (relating to Scheduleof Fees for Subchapter H Licenses). The fee is non-refundable andwill be deposited to the perpetual care account.

(1) The fees collected by the agency in accordancewith this subsection shall be deposited to the credit of the EnvironmentalRadiation and Perpetual Care Account, until the fees collectivelytotal $500,000.

(2) If the balance of fees collected in accordancewith this subsection is subsequently reduced to $350,000 or less,the agency shall reinstitute assessment of the fee until the balancereaches $500,000.

(h) [~~(i)~~] The holder of a licenseauthorizing disposal of a radioactive substance from other personsshall remit to the commission 5% of the holder's gross receipts receivedfrom disposal operations under a license as required in TexasHealth and Safety Code, §401.271(a)(1). Payment shall bemade within 30 days of the end of each quarter. The end of each quarteris the last day of the months of November, February, May, and August.This subsection does not apply to the disposal of compact waste orfederal facility waste.

(i) [~~(j)~~] The holder of a licenseauthorizing disposal of a radioactive substance from other personsshall remit directly to the host county 5% of the gross receipts disposaloperations under a license as required in Texas Health and SafetyCode, §401.271(a)(2). Payment shall be made within30 days of the end of each quarter. The end of each quarter is thelast day of the months of November, February, May, and August. Thissubsection does not apply to the disposal of compact waste or federalfacility waste.

The agency certifies that legal counsel has reviewedthe proposal and found it to be within the state agency's legal authorityto adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402626

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-0634

SUBCHAPTER C. GENERAL LICENSING REQUIREMENTS

30 TAC §336.208

Statutory Authority

The rule change is proposed under Texas Water Code (TWC), §5.102,concerning general powers of the commission; TWC, §5.103, whichauthorizes the commission to adopt any rules necessary to carry outit* power and duties; TWC, §5.105, which authorizes the commissionto establish and approved all general policy of the commission byrule; Texas Health and Safety Code (THSC), §401.011, which authorizesthe commission to regulate and license the disposal of radioactivesubstances, the processing and storage of low-level radioactive wasteor naturally occurring radioactive material waste, the recovery andprocessing of source material, and the processing of by-product material;THSC, §401.051, which authorizes the commission to adopt rulesand guidelines relating to control of sources of radiation; THSC, §401.103,which authorizes the commission to adopt rules and guidelines thatprovide for licensing and registration for the control of sourcesof radiation; THSC, §401.104, which requires the commission toprovide rules for licensing for the disposal of radioactive substances;THSC, §401.202, which authorizes the commission to regulate commercialprocessing and disposal of low-level radioactive waste; THSC, §401.262,which authorizes the commission to regulate by-product storage andprocessing facilities; THSC, §401.301, which authorizes the commissionto set fees by rule; and THSC, §401.412, which authorizes thecommission to issue licenses for the disposal of radioactive substances.

The proposed amendments implement THSC, Chapter 401, and are proposedto meet compatibility standards set by the United States Nuclear Regulatory Commission.

§336.208.Radiation Safety Officer.

(a) Qualifications of the designated radiation safetyofficer (RSO) are adequate for the purpose requested and include asa minimum:

(1) have earned at least a bachelor's degree in a physicalor biological science, industrial hygiene, health physics, radiationprotection, or engineering from an accredited college or university,or an equivalent combination of training and relevant experience,with two years of relevant experience equivalent to a year of academicstudy, from a uranium or mineral extraction/recovery, radioactivewaste processing, or a radioactive waste or by-product material disposal facility;

(2) have at least one year of relevant experience,in addition to that used to meet the educational requirement, workingunder the direct supervision of the RSO at a uranium or mineral extraction/recovery,radioactive waste processing, or radioactive waste or by-product materialdisposal facility; and

(3) have additional [~~at least fourweeks of specialized~~] training in health physics or radiationsafety as determined by the Executive Director [applicableto uranium or mineral extraction/recovery, radioactive waste processing,or radioactive waste or by-product material disposal operations froma course provider that has been evaluated and approved by the agency].

(b) The specific duties of the RSO include, but arenot limited to, the following:

(1) to establish and oversee operating, safety, emergency,and as low as reasonably achievable procedures, and to review themat least annually to ensure that the procedures are current and conformwith this chapter;

(2) to oversee and approve all phases of the trainingprogram for operations and/or personnel so that appropriate and effectiveradiation protection practices are taught;

(3) to ensure that required radiation surveys and leaktests are performed and documented in accordance with this chapter,including any corrective measures when levels of radiation exceedestablished limits;

(4) to ensure that individual monitoring devices areused properly by occupationally-exposed personnel, that records arekept of the monitoring results, and that timely notifications aremade in accordance with §336.405 of this title (relating to Notificationsand Reports to Individuals);

(5) to investigate and cause a report to be submittedto the agency for each known or suspected case of radiation exposureto an individual or radiation level detected in excess of limits establishedby this chapter and each theft or loss of source(s) of radiation,to determine the cause(s), and to take steps to prevent a recurrence;

(6) to investigate and cause a report to be submittedto the executive director for each known or suspected case of releaseof radioactive material to the environment in excess of limits establishedby this chapter;

(7) to have a thorough knowledge of management policiesand administrative procedures of the licensee;

(8) to assume control and have the authority to institutecorrective actions, including shutdown of operations when necessaryin emergency situations or unsafe conditions;

(9) to ensure that records are maintained as requiredby this chapter;

(10) to ensure the proper storing, labeling, transport,use and disposal of sources of radiation, storage, and/or transport containers;

(11) to ensure that inventories are performed in accordancewith the activities for which the license application is submitted;

(12) to perform an inventory of the radioactive sealedsources authorized for use on the license every six months and makeand maintain records of the inventory of the radioactive sealed sourcesauthorized for use on the license every six months, to include, butnot be limited to, the following:

(A) isotope(s);

(B) quantity(ies);

(D) date inventory is performed.

(13) to ensure that personnel are complying with thischapter, the conditions of the license, and the operating, safety,and emergency procedures of the licensee; and

(14) to serve as the primary contact with the agency.

The agency certifies that legal counsel hasreviewed the proposal and found it to be within the state agency'slegal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402628

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-0634

SUBCHAPTER D. STANDARDS FOR PROTECTION AGAINST RADIATION

30 TAC §§336.329, 336.331, 336.332, 336.336, 336.341, 336.351, 336.357

Statutory Authority

The proposed amendments implement THSC, Chapter 401, and are proposedto meet compatibility standards set by the United States Nuclear Regulatory Commission.

§336.329.Exemptions to Labeling Requirements.

A licensee is not required to label:

(1) containers holding licensed material in quantitiesless than those listed in §336.360, Appendix C, of this title(relating to Quantities of Licensed Material Requiring Labeling);

(2) containers holding licensed material in concentrationsless than those specified in Table III of §336.359, AppendixB, of this title (relating to Annual Limits on Intake (ALI) and DerivedAir Concentrations (DAC) of Radionuclides for Occupational Exposure;Effluent Concentrations; Concentrations for Release to Sanitary Sewerage);

(3) containers attended by an individual who takesthe precautions necessary to prevent the exposure of individuals inexcess of the limits established by this subchapter;

(4) containers when they are in transport and packagedand labeled in accordance with the rules of the United States Departmentof Transportation (labeling of packages containing radioactive materialis required by the United States Department of Transportation if theamount and type of radioactive material exceeds the limits for anexcepted quantity or article as defined and limited by rules in 49CFR 173.403 [~~(m) and (w) as amended through September 29, 1989,~~]and 49 CFR 173.421-424 [~~49 CFR 172.436-172.440 asamended through December 20, 1991)~~];

(5) containers that are accessible only to individualsauthorized to handle or use them, or to work in the vicinity of thecontainers, if the contents are identified to these individuals bya readily available written record. (Examples of containers of thistype are containers in locations such as water-filled canals, storagevaults, or hot cells.) The record shall be retained as long as thecontainers are in use for the purpose indicated on the record; or

(6) installed manufacturing or process equipment, suchas piping and tanks.

§336.331.Transfer of Radioactive Material.

(a) The licensee shall not transfer source material, by-product [~~byproduct~~] material, or other licensedradioactive material except as authorized under the rules in this subchapter.

(b) Except as otherwise provided in the license andsubject to the provisions of subsections (c) and (d) of this section,a licensee shall transfer source material, by-product [~~byproduct~~] material, or other licensed radioactive material:

(1) to the agency (A licensee shall transfer materialto the agency only after receiving prior approval from the agency.If the material to be transferred is special nuclear material, thequantity must not be sufficient to form a critical mass.);

(2) to the United States Department of Energy;

(3) to any person exempt from licensing requirementsby the Texas Department of State Health Services (DSHS) under theTexas Health and Safety Code, §401.106(a), the rules in thischapter, or exempt from the licensing requirements of the United StatesNuclear Regulatory Commission (NRC) or an Agreement State, to theextent permitted by those exemptions;

(4) to any person authorized to receive this materialunder terms of a specific or a general license or its equivalent issuedby the commission, DSHS, NRC, or any Agreement State, or to any personauthorized to receive this material by the federal government; or

(5) as otherwise authorized by the commission in writingby DSHS, any Agreement State, or the federal government.

(c) Before transferring source material, by-product [~~byproduct~~] material, or other radioactive material to a specificlicensee of the commission, DSHS, NRC, or an Agreement State or toa general licensee who is required to register with DSHS, NRC, oran Agreement State prior to receipt of the source material, by-product [~~byproduct~~] material, or other radioactive material,the licensee transferring the material shall verify that the transferee'slicense authorizes the receipt of the type, form, and quantity ofradioactive material to be transferred.

(d) The following methods for the verification requiredby subsection (c) of this section are acceptable.

(1) The transferor shall possess and have read a currentcopy of the transferee's specific license or certificate of registration.

(2) The transferor may possess a written certificationby the transferee that the transferee is authorized by the licenseor certificate of registration to receive the type, form, and quantityof radioactive material to be transferred, specifying the licenseor certificate of registration number, issuing agency, and expiration date.

(3) For emergency shipments, the transferor may acceptoral certification by the transferee that the transferee is authorizedby license or certificate of registration to receive the type, form,and quantity of radioactive material to be transferred, specifyingthe license or certificate of registration number, issuing agency,and expiration date, provided that the oral certification is confirmedin writing within ten days.

(4) The transferor may obtain other sources of informationcompiled by a reporting service from official records of the commission,DSHS, NRC, or an Agreement State as to the identity of licensees andregistrants and the scope and expiration dates of licenses and registrations.

(5) When none of the methods of verification describedin paragraphs (1) - (4) of this subsection are readily available orwhen a transferor desires to verify that information received by oneof these methods is correct or up-to-date, the transferor may obtainand record confirmation from the commission, DSHS, NRC, or an AgreementState that the transferee is licensed to receive the source material, by-product [~~byproduct~~] material, or other radioactivematerial.

(e) Transportation of radioactive material shall alsobe subject to applicable rules of the United States Department ofTransportation, United States Postal Service, NRC, or DSHS.

(f) The licensee shall keep records showing the transferof any source material, by-product [~~byproduct~~]material, or other radioactive material.

(g) Transfer of low-level radioactive waste by a wastegenerator, waste collector, or waste processor who ships this wasteeither directly, or indirectly through a collector or processor, toa licensed land disposal facility shall also be subject to applicablerules of DSHS. A commission licensee who transfers low-level radioactivewaste for disposal at a licensed land disposal facility shall alsobe subject to applicable rules of DSHS with respect to transfers.

(h) A licensed land disposal facility operator shalluse and comply with the requirements of §336.363 of this title(relating to Appendix F. Requirements for Receipt of Low-Level RadioactiveWaste for Disposal at Licensed Land Disposal Facilities and Uniform Manifests).

(i) Any licensee shipping by-product [~~byproduct~~] material, as defined in §336.2(16)(C) - (E) of this title(relating to Definitions) concerning the definition of by-product [~~byproduct~~] material, intended for ultimate disposal must documentthe information required on the shipping manifest and transfer thisrecorded manifest information to the intended consignee.

§336.332.Preparation of Radioactive Material for Transport.

(a) No licensee shall deliver any source material, by-product [~~byproduct~~] material, or other licensed radioactivematerial to a carrier for transport, unless:

(1) the licensee complies with the applicable requirementsof the rules, appropriate to the mode of transport, of the UnitedStates Department of Transportation insofar as those rules relateto the packing of radioactive material and to the monitoring, marking,and labeling of those packages or containers;

(2) the licensee establishes procedures for openingand closing packages and containers in which radioactive materialis transported to provide safety and to assure that, prior to thedelivery to a carrier for transport, each package or container isproperly closed for transport; and

(3) the licensee assures that any special instructionsneeded to safely open the package or container are sent to or havebeen made available to the consignee prior to delivery of a packageor container to a carrier for transport.

(b) For the purpose of subsection (a) of this section,licensees who transport their own licensed material as private carriersare considered to have delivered the material to a carrier for transport.

§336.336.Tests.

(a) Each licensee shall perform, upon instructionsfrom the executive director, or shall permit the executive directorto perform such tests as the executive director deems appropriateor necessary for the administration of the rules in this chapter including,but not limited to, tests of:

(1) source material, by-product [~~byproduct~~] material, or other licensed radioactive material;

(2) facilities where these materials are used, stored,or disposed;

(3) radiation detection and monitoring instruments; and

(4) other equipment and devices used in connectionwith utilization, storage, or disposal of source material, by-product [~~byproduct~~] material, or other licensed radioactive material.

(b) The requirements of this section do not apply tolicenses issued under Subchapter H of this chapter (relating to LicensingRequirements for Near-Surface Land Disposal of Low-Level Radioactive Waste).

§336.341.General Recordkeeping Requirements for Licensees.

(a) Each licensee shall use the units curie, rad, andrem, including multiples and subdivisions, and shall clearly indicatethe units of all quantities on records required by this subchapter.Disintegrations per minute may be indicated on records of surveysperformed to determine compliance with §336.605 of this title(relating to Surface Contamination Limits for Facilities, Equipment,and Materials) and §336.364, Appendix G, of this title (relatingto Acceptable Surface Contamination Levels).

(b) In the records required by this chapter, the licenseemay record quantities in International System of Units (SI) unitsin parentheses following each of the units specified in subsection(a) of this section. However, all quantities must be recorded as statedin subsection (a) of this section.

(c) Notwithstanding the requirements of subsection(a) of this section, information on shipment manifests for wastesreceived at a licensed land disposal facility, as required by §336.331(h)of this title (relating to Transfer of Radioactive Material), shallbe recorded in SI units (becquerel, gray, and sievert) or in SI andunits as specified in subsection (a) of this section.

(d) The licensee shall make a clear distinction amongthe quantities entered on the records required by this subchapter,such as total effective dose equivalent, shallow-dose equivalent,lens dose equivalent, deep-dose equivalent, and committed effectivedose equivalent.

(e) Each licensee shall maintain records showing thereceipt, transfer, and disposal of all source material, by-product [~~byproduct~~] material, or other licensed radioactive material.Each licensee shall also maintain any records and make any reportsas may be required by the conditions of the license, by the rulesin this chapter, or by orders of the commission. Copies of any recordsor reports required by the license, rules, or orders shall be submittedto the executive director or commission on request. All records andreports required by the license, rules, or orders shall be completeand accurate.

(f) The licensee shall retain each record that is requiredby the rules in this chapter or by license conditions for the periodspecified by the appropriate rule or license condition. If a retentionperiod is not otherwise specified, each record shall be maintaineduntil the commission terminates each pertinent license requiring the record.

(g) If there is a conflict between the commission'srules, license condition, or other written approval or authorizationfrom the executive director pertaining to the retention period forthe same type of record, the longest retention period specified takes precedence.

(h) The executive director may require the licenseeto provide the commission with copies of all records prior to terminationof the license.

§336.351.Reports of Transactions Involving Nationally Tracked Sources.

(a) Each licensee who manufactures, transfers, receives,disassembles, or disposes of a nationally tracked source shall completeand submit to the United States Nuclear Regulatory Commission (NRC)a National Source Tracking Transaction Report as specified in paragraphs(1) - (6) of this subsection for each type of transaction.

(1) Each licensee who manufactures a nationally trackedsource shall complete and submit to NRC a National Source TrackingTransaction Report. The report must include the following information:

(A) the name, address, and license number of the reporting licensee;

(B) the name of the individual preparing the report;

(D) the radioactive material in the source;

(E) the initial source strength in becquerels (curies)at the time of manufacture; and

(F) the manufacture date of the source.

(2) Each licensee that transfers a nationally trackedsource to another person shall complete and submit to NRC a NationalSource Tracking Transaction Report. The report shall include the following information:

(A) the name, address, and license number of the reporting licensee;

(B) the name of the individual preparing the report;

(D) the manufacturer, model, and serial number of thesource or, if not available, other information to uniquely identifythe source;

(E) the radioactive material in the source;

(F) the initial or current source strength in becquerels (curies);

(G) the date for which the source strength is reported;

(H) the shipping date;

(I) the estimated arrival date; and

(J) for nationally tracked sources transferred as wasteunder a Uniform Low-Level Radioactive Waste Manifest, the waste manifestnumber and the container identification of the container with thenationally tracked source.

(3) Each licensee that receives a nationally trackedsource shall complete and submit to NRC a National Source TrackingTransaction Report. The report shall include the following information:

(A) the name, address, and license number of the reporting licensee;

(B) the name of the individual preparing the report;

(D) the manufacturer, model, and serial number of thesource or, if not available, other information to uniquely identifythe source;

(E) the radioactive material in the source;

(F) the initial or current source strength in becquerels (curies);

(G) the date for which the source strength is reported;

(H) the date of receipt; and

(I) for material received under a Uniform Low-LevelRadioactive Waste Manifest, the waste manifest number and the containeridentification with the nationally tracked source.

(4) Each licensee that disassembles a nationally trackedsource shall complete and submit to NRC a National Source TrackingTransaction Report. The report shall include the following information:

(A) the name, address, and license number of the reporting licensee;

(B) the name of the individual preparing the report;

(C) the manufacturer, model, and serial number of thesource or, if not available, other information to uniquely identifythe source;

(D) the radioactive material in the source;

(E) the initial or current source strength in becquerels (curies);

(F) the date for which the source strength is reported; and

(G) the disassemble date of the source.

(5) Each licensee who disposes of a nationally trackedsource shall complete and submit to NRC a National Source TrackingTransaction Report. The report shall include the following information:

(A) the name, address, and license number of the reporting licensee;

(B) the name of the individual preparing the report;

(D) the container identification with the nationally tracked source;

(E) the date of disposal; and

(F) the method of disposal.

(6) The reports discussed in paragraphs (1) - (6) ofthis subsection shall be submitted to NRC by the close of the nextbusiness day after the transaction. A single report may be submittedfor multiple sources and transactions. The reports shall be submittedto the National Source Tracking System by using the following:

(A) the on-line National Source Tracking System;

(B) electronically using a computer-readable format;

(D) by mail to the address on the National Source TrackingTransaction Report Form (NRC Form 748); or

(E) by telephone with follow-up by facsimile or mail.

(7) Each licensee shall correct any error in previouslyfiled reports or file a new report for any missed transaction withinfive business days of the discovery of the error or missed transaction.Such errors may be detected by a variety of methods such as administrativereviews or by physical inventories required by regulation. In addition,each licensee shall reconcile the inventory of nationally trackedsources possessed by the licensee against that licensee's data inthe National Source Tracking System. The reconciliation shall be conductedduring the month of January in each year. The reconciliation processshall include resolving any discrepancies between the National SourceTracking System and the actual inventory by filing the reports identifiedby paragraphs (1) - (6) of this subsection. By January 31 of eachyear, each licensee shall submit to the National Source Tracking Systemconfirmation that the data in the National Source Tracking Systemis correct.

[(8) Each licensee that possessesCategory 1 or Category 2 nationally tracked sources listed in subsection(b) of this section shall report its initial inventory of Category1 or Category 2 nationally tracked sources to the National SourceTracking System by January 31, 2009. The information may be submittedto NRC by using any of the methods identified by paragraph (6)(A)- (E) of this subsection. The initial inventory report shall includethe following information:]

[(A) the name, address, and license number of the reporting licensee;]

[(B) the name of the individual preparing the report;]

[(C) the manufacturer, model, and serial number ofeach nationally tracked source or, if not available, other informationto uniquely identify the source;]

[(D) the radioactive material in the sealed source;]

[(E) the initial or current source strength in becquerels(curies); and]

[(F) the date for which the source strength is reported.]

(b) Nationally tracked source thresholds. The Terabecquerel(TBq) values are the regulatory standards. The curie values specifiedare obtained by converting from the TBq value. The curie values areprovided for practical usefulness only and are rounded after conversion.The following table contains nationally tracked source thresholds.

Figure: 30 TAC §336.351(b) (No change.)

§336.357.Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material.

(a) Specific exemption. A licensee that possesses radioactivewaste that contains category 1 or category 2 quantities of radioactivematerial is exempt from the requirements of subsections (b) - (w)of this section. However, any radioactive waste that contains discretesources, ion-exchange resins, or activated material that weighs lessthan 2,000 kilograms (4,409 pounds) is not exempt from the requirementsof subsections (b) - (w) of this section. The licensee shall implementthe following requirements to secure the radioactive waste:

(1) use continuous physical barriers that allow accessto the radioactive waste only through established access control points;

(2) use a locked door or gate with monitored alarmat the access control point;

(3) assess and respond to each actual or attemptedunauthorized access to determine whether an actual or attempted theft,sabotage, or diversion occurred; and

(4) immediately notify the local law enforcement agency(LLEA) and request an armed response from the LLEA upon determinationthat there was an actual or attempted theft, sabotage, or diversionof the radioactive waste that contains category 1 or category 2 quantitiesof radioactive material.

(b) Personnel access authorization requirements forcategory 1 or category 2 quantities of radioactive material.

(1) General.

(A) Each licensee that possesses an aggregated quantityof radioactive material at or above the category 2 threshold shallestablish, implement, and maintain its access authorization programin accordance with the requirements of this subsection and subsections(c) - (h) of this section.

(B) An applicant for a new license and each licensee,upon application for modification of its license, that would becomenewly subject to the requirements of this subsection and subsections(c) - (h) of this section, shall implement the requirements of thissubsection and subsections (c) - (h) of this section, as appropriate,before taking possession of an aggregated category 1 or category 2quantity of radioactive material.

(C) Any licensee that has not previously implementedthe Security Orders or been subject to the provisions of this subsectionand subsections (c) - (h) of this section shall implement the provisionsof this subsection and subsections (c) - (h) of this section beforeaggregating radioactive material to a quantity that equals or exceedsthe category 2 threshold.

(2) General performance objective. The licensee's accessauthorization program must ensure that the individuals specified inparagraph (3)(A) of this subsection are trustworthy and reliable.

(3) Applicability.

(A) Licensees shall subject the following individualsto an access authorization program:

(i) any individual whose assigned duties require unescortedaccess to category 1 or category 2 quantities of radioactive materialor to any device that contains the radioactive material; and

(ii) reviewing officials.

(B) Licensees need not subject the categories of individualslisted in subsection (f)(1) of this section to the investigation elementsof the access authorization program.

(C) Licensees shall approve for unescorted access tocategory 1 or category 2 quantities of radioactive material only thoseindividuals with job duties that require unescorted access to category1 or category 2 quantities of radioactive material.

(D) Licensees may include individuals needing accessto safeguards information-modified handling under 10 Code of FederalRegulations (CFR) Part 73, in the access authorization program underthis subsection and subsections (c) - (h) of this section.

(1) Granting unescorted access authorization.

(A) Licensees shall implement the requirements of subsection(b) of this section, this subsection, and subsections (d) - (h) ofthis section for granting initial or reinstated unescorted access authorization.

(B) Individuals determined to be trustworthy and reliableshall also complete the security training required by subsection (j)(3)of this section before being allowed unescorted access to category1 or category 2 quantities of radioactive material.

(2) Reviewing officials.

(A) Reviewing officials are the only individuals whomay make trustworthiness and reliability determinations that allowindividuals to have unescorted access to category 1 or category 2quantities of radioactive materials possessed by the licensee.

(B) Each licensee shall name one or more individualsto be reviewing officials. After completing the background investigationon the reviewing official, the licensee shall provide under oath oraffirmation, a certification that the reviewing official is deemedtrustworthy and reliable by the licensee. The licensee shall providea copy of the oath or affirmation certifications of any and all individualsto the executive director once completed. The fingerprints of thenamed reviewing official must be taken by a law enforcement agency,Federal or State agencies that provide fingerprinting services tothe public, or commercial fingerprinting services authorized by aState to take fingerprints. The licensee shall recertify that thereviewing official is deemed trustworthy and reliable every 10 yearsin accordance with subsection (d)(3) of this section.

(C) Reviewing officials must be permitted to have unescortedaccess to category 1 or category 2 quantities of radioactive materialsor access to safeguards information or safeguards information-modifiedhandling, if the licensee possesses safeguards information or safeguardsinformation-modified handling.

(D) Reviewing officials cannot approve other individualsto act as reviewing officials.

(E) A reviewing official does not need to undergo anew background investigation before being named by the licensee asthe reviewing official if:

(i) the individual has undergone a background investigationthat included fingerprinting and a Federal Bureau of Investigations(FBI) criminal history records check and has been determined to betrustworthy and reliable by the licensee; or

(ii) the individual is subject to a category listedin subsection (f)(1) of this section.

(3) Informed consent.

(A) Licensees may not initiate a background investigationwithout the informed and signed consent of the subject individual.This consent must include authorization to share personal informationwith other individuals or organizations as necessary to complete thebackground investigation. Before a final adverse determination, thelicensee shall provide the individual with an opportunity to correctany inaccurate or incomplete information that is found during thebackground investigation. Licensees do not need to obtain signed consentfrom those individuals that meet the requirements of subsection (d)(2)of this section. A signed consent must be obtained prior to any reinvestigation.

(B) The subject individual may withdraw his or herconsent at any time. Licensees shall inform the individual that:

(i) if an individual withdraws his or her consent,the licensee may not initiate any elements of the background investigationthat were not in progress at the time the individual withdrew hisor her consent; and

(ii) the withdrawal of consent for the background investigationis sufficient cause for denial or termination of unescorted access authorization.

(4) Personal history disclosure. Any individual whois applying for unescorted access authorization shall disclose thepersonal history information that is required by the licensee's accessauthorization program for the reviewing official to make a determinationof the individual's trustworthiness and reliability. Refusal to provide,or the falsification of, any personal history information requiredby subsection (b) of this section, this subsection, and subsections(d) - (h) of this section is sufficient cause for denial or terminationof unescorted access.

(5) Determination basis.

(A) The reviewing official shall determine whetherto permit, deny, unfavorably terminate, maintain, or administrativelywithdraw an individual's unescorted access authorization based onan evaluation of all of the information collected to meet the requirementsof subsection (b) of this section, this subsection, and subsections(d) - (h) of this section.

(B) The reviewing official may not permit any individualto have unescorted access until the reviewing official has evaluatedall of the information collected to meet the requirements of subsection(b) of this section, this subsection, and subsections (d) - (h) ofthis section and determined that the individual is trustworthy andreliable. The reviewing official may deny unescorted access to anyindividual based on information obtained at any time during the background investigation.

(C) The licensee shall document the basis for concludingwhether or not there is reasonable assurance that an individual istrustworthy and reliable.

(D) The reviewing official may terminate or administrativelywithdraw an individual's unescorted access authorization based oninformation obtained after the background investigation has been completedand the individual granted unescorted access authorization.

(E) Licensees shall maintain a list of persons currentlyapproved for unescorted access authorization. When a licensee determinesthat a person no longer requires unescorted access or meets the accessauthorization requirements, the licensee shall remove the person fromthe approved list as soon as possible, but no later than seven workingdays, and take prompt measures to ensure that the individual is unableto have unescorted access to the material.

(6) Procedures. Licensees shall develop, implement,and maintain written procedures for implementing the access authorizationprogram. The procedures must include provisions for the notificationof individuals who are denied unescorted access. The procedures mustinclude provisions for the review, at the request of the affectedindividual, of a denial or termination of unescorted access authorization.The procedures must contain a provision to ensure that the individualis informed of the grounds for the denial or termination of unescortedaccess authorization and allow the individual an opportunity to provideadditional relevant information.

(7) Right to correct and complete information.

(A) Prior to any final adverse determination, licenseesshall provide each individual subject to subsection (b) of this section,this subsection, and subsections (d) - (h) of this section with theright to complete, correct, and explain information obtained as aresult of the licensee's background investigation. Confirmation ofreceipt by the individual of this notification must be maintainedby the licensee for a period of one year from the date of the notification.

(B) If, after reviewing his or her criminal historyrecord, an individual believes that it is incorrect or incompletein any respect and wishes to change, correct, update, or explain anythingin the record, the individual may initiate challenge procedures. Theseprocedures include direct application by the individual challengingthe record to the law enforcement agency that contributed the questionedinformation or a direct challenge as to the accuracy or completenessof any entry on the criminal history record to the Federal Bureauof Investigation, Criminal Justice Information Services (CJIS) Division,ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306,as set forth in 28 CFR §§16.30 - 16.34. In the latter case,the FBI will forward the challenge to the agency that submitted thedata, and will request that the agency verify or correct the challengedentry. Upon receipt of an official communication directly from theagency that contributed the original information, the FBI IdentificationDivision will make any changes necessary in accordance with the informationsupplied by that agency. Licensees must provide at least 10 days foran individual to initiate action to challenge the results of an FBIcriminal history records check after the record is made availablefor his or her review. The licensee may make a final adverse determinationbased upon the criminal history records only after receipt of theFBI's confirmation or correction of the record.

(8) Records.

(A) The licensee shall retain documentation regardingthe trustworthiness and reliability of individual employees for threeyears from the date the individual no longer requires unescorted accessto category 1 or category 2 quantities of radioactive material.

(B) The licensee shall retain a copy of the currentaccess authorization program procedures as a record for three yearsafter the procedure is no longer needed. If any portion of the procedureis superseded, the licensee shall retain the superseded material forthree years after the record is superseded.

(C) The licensee shall retain the list of persons approvedfor unescorted access authorization for three years after the listis superseded or replaced.

(d) Background investigations.

(1) Initial investigation. Before allowing an individualunescorted access to category 1 or category 2 quantities of radioactivematerial or to the devices that contain the material, licensees shallcomplete a background investigation of the individual seeking unescortedaccess authorization. The scope of the investigation must encompassat least the seven years preceding the date of the background investigationor since the individual's eighteenth birthday, whichever is shorter.The background investigation must include at a minimum:

(A) fingerprintings and an FBI identification and criminalhistory records check in accordance with subsection (e) of this section;

(B) verification of true identity. Licensees shallverify the true identity of the individual applying for unescortedaccess authorization to ensure that the applicant is who he or sheclaims to be. A licensee shall review official identification documents(e.g., driver's license; passport; government identification; certificateof birth issued by the state, province, or country of birth) and comparethe documents to personal information data provided by the individualto identify any discrepancy in the information. Licensees shall documentthe type, expiration, and identification number of the identificationdocument, or maintain a photocopy of identifying documents on filein accordance with subsection (g) of this section. Licensees shallcertify in writing that the identification was properly reviewed andshall maintain the certification and all related documents for reviewupon inspection;

(C) employment history verification. Licensees shallcomplete an employment history verification, including military history.Licensees shall verify the individual's employment with each previousemployer for the most recent seven years before the date of application;

(D) verification of education. Licensees shall verifythe individual's education during the claimed period;

(E) character and reputation determination. Licenseesshall complete reference checks to determine the character and reputationof the individual who has applied for unescorted access authorization.Unless other references are not available, reference checks may notbe conducted with any person who is known to be a close member ofthe individual's family, including but not limited to the individual'sspouse, parents, siblings, or children, or any individual who residesin the individual's permanent household. Reference checks under subsections(b) and (c) of this section, this subsection, and subsections (e)- (h) of this section must be limited to whether the individual hasbeen and continues to be trustworthy and reliable;

(F) the licensee shall also, to the extent possible,obtain independent information to corroborate the information providedby the individual (e.g., seek references not supplied by the individual); and

(G) if a previous employer, educational institution,or any other entity with which the individual claims to have beenengaged fails to provide information or indicates an inability orunwillingness to provide information within a time frame deemed appropriateby the licensee, but at least after 10 business days of the requestor if the licensee is unable to reach the entity, the licensee shalldocument the refusal, unwillingness, or inability in the record ofinvestigation and attempt to obtain the information from an alternate source.

(2) Grandfathering.

(A) Individuals who have been determined to be trustworthyand reliable for unescorted access to category 1 or category 2 quantitiesof radioactive material under the Fingerprint Orders may continueto have unescorted access to category 1 and category 2 quantitiesof radioactive material without further investigation. These individualsshall be subject to the reinvestigation requirement.

(B) Individuals who have been determined to be trustworthyand reliable under the provisions of 10 CFR Part 73 or the SecurityOrders for access to safeguards information, safeguards information-modifiedhandling, or risk-significant material may have unescorted accessto category 1 and category 2 quantities of radioactive material withoutfurther investigation. The licensee shall document that the individualwas determined to be trustworthy and reliable under the provisionsof 10 CFR Part 73 or a Security Order. Security Order, in this context,refers to any order that was issued by the United States Nuclear RegulatoryCommission (NRC) that required fingerprints and an FBI criminal historyrecords check for access to safeguards information, safeguards information-modifiedhandling, or risk significant material such as special nuclear materialor large quantities of uranium hexafluoride. These individuals shallbe subject to the reinvestigation requirement.

(3) Reinvestigations. Licensees shall conduct a reinvestigationevery 10 years for any individual with unescorted access to category1 or category 2 quantities of radioactive material. The reinvestigationshall consist of fingerprinting and an FBI identification and criminalhistory records check in accordance with subsection (e) of this section.The reinvestigations must be completed within 10 years of the dateon which these elements were last completed.

(e) Requirements for criminal history records checksof individuals granted unescorted access to category 1 or category2 quantities of radioactive material.

(1) General performance objective and requirements.

(A) Except for those individuals listed in subsection(f) of this section and those individuals grandfathered under subsection(d)(2) of this section, each licensee subject to the provisions ofsubsections (b) - (d) of this section, this subsection, and subsections(f) - (h) of this section shall fingerprint each individual who isto be permitted unescorted access to category 1 or category 2 quantitiesof radioactive material. Licensees shall transmit all collected fingerprintsto the NRC for transmission to the FBI. The licensee shall use theinformation received from the FBI as part of the required backgroundinvestigation to determine whether to grant or deny further unescortedaccess to category 1 or category 2 quantities of radioactive materialsfor that individual.

(B) The licensee shall notify each affected individualthat his or her fingerprints will be used to secure a review of hisor her criminal history record and shall inform him or her of theprocedures for revising the record or adding explanations to the record.

(C) Fingerprinting is not required if a licensee isreinstating an individual's unescorted access authorization to category1 or category 2 quantities of radioactive materials if:

(i) the individual returns to the same facility thatgranted unescorted access authorization within 365 days of the terminationof his or her unescorted access authorization; and

(ii) the previous access was terminated under favorable conditions.

(D) Fingerprints do not need to be taken if an individualwho is an employee of a licensee, contractor, manufacturer, or supplierhas been granted unescorted access to category 1 or category 2 quantitiesof radioactive material, access to safeguards information, or safeguardsinformation-modified handling by another licensee, based upon a backgroundinvestigation conducted under this section, the Fingerprint Orders,or 10 CFR Part 73. An existing criminal history records check filemay be transferred to the licensee asked to grant unescorted accessin accordance with the provisions of subsection (g)(3) of this section.

(E) Licensees shall use the information obtained aspart of a criminal history records check solely for the purpose ofdetermining an individual's suitability for unescorted access authorizationto category 1 or category 2 quantities of radioactive materials, accessto safeguards information, or safeguards information-modified handling.

(2) Prohibitions.

(A) Licensees may not base a final determination todeny an individual unescorted access authorization to category 1 orcategory 2 quantities of radioactive material solely on the basisof information received from the FBI involving:

(i) an arrest more than one year old for which thereis no information of the disposition of the case; or

(ii) an arrest that resulted in dismissal of the chargeor an acquittal.

(B) Licensees may not use information received froma criminal history records check obtained under subsections (b) -(d) of this section, this subsection, and subsections (f) - (h) ofthis section in a manner that would infringe upon the rights of anyindividual under the First Amendment to the Constitution of the UnitedStates nor shall licensees use the information in any way that woulddiscriminate among individuals on the basis of race, religion, nationalorigin, gender, or age.

(3) Procedures for processing of fingerprint checks.

(A) For the purpose of complying with subsections (b)- (d) of this section, this subsection, and subsections (f) - (h)of this section, licensees shall use an appropriate method listedin 10 CFR §37.7 to submit to the United States Nuclear RegulatoryCommission, Director, Division of Physical and Cyber Security Policy,11545 Rockville Pike, ATTN: Criminal History Program/Mail Stop T-07D04M,Rockville, Maryland 20852, one completed, legible standard fingerprintcard (Form FD-258, ORIMDNRCOOOZ), electronic fingerprint scan or,where practicable, other fingerprint record for each individual requiringunescorted access to category 1 or category 2 quantities of radioactivematerial. Copies of these forms may be obtained by emailing MAILSVS.Resource@nrc.gov.Guidance on submitting electronic fingerprints can be found at https://www.nrc.gov/security/chp.html.

(B) Fees for the processing of fingerprint checks aredue upon application. Licensees shall submit payment with the applicationfor the processing of fingerprints through corporate check, certifiedcheck, cashier's check, money order, or electronic payment, made payableto "U.S. NRC." (For guidance on making electronic payments, contactthe Division of Physical and Cyber Security Policy by e-mailing Crimhist.Resource@nrc.gov.) Combined paymentfor multiple applications is acceptable. The NRC publishes the amountof the fingerprint check application fee on the NRC's public website.(To find the current fee amount, go to the Licensee Criminal HistoryRecords Checks & Firearms Background Check information page at https://www.nrc.gov/security/chp.html andsee the link for How do I determine how much to pay for the request?).

(C) The NRC will forward to the submitting licenseeall data received from the FBI as a result of the licensee's application(s)for criminal history records checks.

(f) Relief from fingerprinting, identification, andcriminal history records checks and other elements of background investigationsfor designated categories of individuals permitted unescorted accessto certain radioactive materials.

(1) Fingerprinting, and the identification and criminalhistory records checks required by §149 of the Atomic EnergyAct of 1954, as amended, and other elements of the background investigation,are not required for the following individuals prior to granting unescortedaccess to category 1 or category 2 quantities of radioactive materials:

(A) an employee of the NRC or of the Executive Branchof the United States (U.S.) Government who has undergone fingerprintingfor a prior U.S. Government criminal history records check;

(B) a Member of Congress;

(C) an employee of a member of Congress or Congressionalcommittee who has undergone fingerprinting for a prior U.S. Governmentcriminal history records check;

(D) the Governor of a State or his or her designatedState employee representative;

(E) Federal, State, or local law enforcement personnel;

(F) State Radiation Control Program Directors and StateHomeland Security Advisors or their designated State employee representatives;

(G) Agreement State employees conducting security inspectionson behalf of the NRC under an agreement executed under §274.i.of the Atomic Energy Act;

(H) representatives of the International Atomic EnergyAgency (IAEA) engaged in activities associated with the U.S./IAEASafeguards Agreement who have been certified by the NRC;

(I) emergency response personnel who are respondingto an emergency;

(J) commercial vehicle drivers for road shipments ofcategory 1 and category 2 quantities of radioactive material;

(K) package handlers at transportation facilities suchas freight terminals and railroad yards;

(L) any individual who has an active federal securityclearance, provided that he or she makes available the appropriatedocumentation. Written confirmation from the agency/employer thatgranted the federal security clearance or reviewed the criminal historyrecords check must be provided to the licensee. The licensee shallretain this documentation for a period of three years from the datethe individual no longer requires unescorted access to category 1or category 2 quantities of radioactive material; and

(M) any individual employed by a service provider licenseefor which the service provider licensee has conducted the backgroundinvestigation for the individual and approved the individual for unescortedaccess to category 1 or category 2 quantities of radioactive material.Written verification from the service provider must be provided tothe licensee. The licensee shall retain the documentation for a periodof three years from the date the individual no longer requires unescortedaccess to category 1 or category 2 quantities of radioactive material; and

(2) Fingerprinting, and the identification and criminalhistory records checks required by §149 of the Atomic EnergyAct of 1954, as amended, are not required for an individual who hashad a favorably adjudicated U.S. Government criminal history recordscheck within the last five years, under a comparable U.S. Governmentprogram involving fingerprinting and an FBI identification and criminalhistory records check provided that he or she makes available theappropriate documentation. Written confirmation from the agency/employerthat reviewed the criminal history records check must be providedto the licensee. The licensee shall retain this documentation fora period of three years from the date the individual no longer requiresunescorted access to category 1 or category 2 quantities of radioactivematerial. These programs include, but are not limited to:

(A) National Agency Check;

(B) Transportation Worker Identification Credentialsunder 49 CFR Part 1572;

(D) Health and Human Services security risk assessmentsfor possession and use of select agents and toxins under 42 CFR Part 73;

(E) Hazardous Material security threat assessment forhazardous material endorsem*nt to commercial drivers license under49 CFR Part 1572; and

(F) Customs and Border Protection's Free and Secure Trade Program.

(g) Protection of information.

(1) Each licensee who obtains background informationon an individual under subsections (b) - (f) of this section, thissubsection, and subsection (h) of this section shall establish andmaintain a system of files and written procedures for protection ofthe records and the personal information from unauthorized disclosure.

(2) The licensee may not disclose the record or personalinformation collected and maintained to persons other than the subjectindividual, his or her representative, or to those who have a needto have access to the information in performing assigned duties inthe process of granting or denying unescorted access to category 1or category 2 quantities of radioactive material, safeguards information,or safeguards information-modified handling. No individual authorizedto have access to the information may disseminate the informationto any other individual who does not have a need to know.

(3) The personal information obtained on an individualfrom a background investigation may be provided to another licensee:

(A) upon the individual's written request to the licenseeholding the data to disseminate the information contained in his orher file; and

(B) the recipient licensee verifies information suchas name, date of birth, social security number, gender, and otherapplicable physical characteristics.

(4) The licensee shall make background investigationrecords obtained under subsections (b) - (f) of this section, thissubsection, and subsection (h) of this section available for examinationby an authorized representative of the commission to determine compliancewith the regulations and laws.

(5) The licensee shall retain all fingerprint and criminalhistory records (including data indicating no record) received fromthe FBI or a copy of these records if the individual's file has beentransferred on an individual for three years from the date the individualno longer requires unescorted access to category 1 or category 2 quantitiesof radioactive material.

(h) Access authorization program review.

(1) Each licensee shall be responsible for the continuingeffectiveness of the access authorization program. Each licensee shallensure that access authorization programs are reviewed to confirmcompliance with the requirements of subsections (b) - (g) of thissection and this subsection and that comprehensive actions are takento correct any noncompliance identified. The review program shallevaluate all program performance objectives and requirements. Eachlicensee shall periodically (at least annually) review the accessauthorization program content and implementation.

(2) The results of the reviews, along with any recommendations,must be documented. Each review report must identify conditions thatare adverse to the proper performance of the access authorizationprogram, the cause of the condition(s), and, when appropriate, recommendcorrective actions, and corrective actions taken. The licensee shallreview the findings and take any additional corrective actions necessaryto preclude repetition of the condition, including reassessment ofthe deficient areas where indicated.

(3) Review records must be maintained for three years.

(i) Security program.

(1) Applicability.

(A) Each licensee that possesses an aggregated category1 or category 2 quantity of radioactive material shall establish,implement, and maintain a security program in accordance with therequirements of this subsection and subsections (j) - (q) of this section.

(B) An applicant for a new license, and each licenseethat would become newly subject to the requirements of this subsectionand subsections (j) - (q) of this section upon application for modificationof its license, shall implement the requirements of this subsectionand subsections (j) - (q) of this section, as appropriate, beforetaking possession of an aggregated category 1 or category 2 quantityof radioactive material.

(C) Any licensee that has not previously implementedthe Security Orders or been subject to the provisions of this subsectionand subsections (j) - (q) of this section shall provide written notificationto the commission at least 90 days before aggregating radioactivematerial to a quantity that equals or exceeds the category 2 threshold.

(2) General performance objective. Each licensee shallestablish, implement, and maintain a security program that is designedto monitor and, without delay, detect, assess, and respond to an actualor attempted unauthorized access to category 1 or category 2 quantitiesof radioactive material.

(3) Program features. Each licensee's security programmust include the program features, as appropriate, described in subsections(j) - (p) of this section.

(j) General security program requirements.

(1) Security plan.

(A) Each licensee identified in subsection (i)(1) ofthis section shall develop a written security plan specific to itsfacilities and operations. The purpose of the security plan is toestablish the licensee's overall security strategy to ensure the integratedand effective functioning of the security program required by subsection(i) of this section, this subsection, and subsections (k) - (q) ofthis section. The security plan must, at a minimum:

(i) describe the measures and strategies used to implementthe requirements of subsection (i) of this section, this subsection,and subsections (k) - (q) of this section; and

(ii) identify the security resources, equipment, andtechnology used to satisfy the requirements of subsection (i) of thissection, this subsection, and subsections (k) - (q) of this section.

(B) The security plan must be reviewed and approvedby the individual with overall responsibility for the security program.

(C) A licensee shall revise its security plan as necessaryto ensure the effective implementation of the executive director'srequirements. The licensee shall ensure that:

(i) the revision has been reviewed and approved bythe individual with overall responsibility for the security program; and

(ii) the affected individuals are instructed on therevised plan before the changes are implemented.

(D) The licensee shall retain a copy of the currentsecurity plan as a record for three years after the security planis no longer required. If any portion of the plan is superseded, thelicensee shall retain the superseded material for three years afterthe record is superseded.

(2) Implementing procedures.

(A) The licensee shall develop and maintain writtenprocedures that document how the requirements of subsection (i) ofthis section, this subsection, and subsections (k) - (q) of this sectionand the security plan will be met.

(B) The implementing procedures and revisions to theseprocedures must be approved in writing by the individual with overallresponsibility for the security program.

(C) The licensee shall retain a copy of the currentprocedure as a record for three years after the procedure is no longerneeded. Superseded portions of the procedure must be retained forthree years after the record is superseded.

(3) Training.

(A) Each licensee shall conduct training to ensurethat those individuals implementing the security program possess andmaintain the knowledge, skills, and abilities to carry out their assignedduties and responsibilities effectively. The training must includeinstruction in:

(i) the licensee's security program and proceduresto secure category 1 or category 2 quantities of radioactive materialand the purposes and functions of the security measures employed;

(ii) the responsibility to report promptly to the licenseeany condition that causes or may cause a violation of the requirementsof the commission, the NRC, or any Agreement State;

(iii) the responsibility of the licensee to reportpromptly to the LLEA and licensee any actual or attempted theft, sabotage,or diversion of category 1 or category 2 quantities of radioactive material; and

(iv) the appropriate response to security alarms.

(B) In determining those individuals who shall be trainedon the security program, the licensee shall consider each individual'sassigned activities during authorized use and response to potentialsituations involving actual or attempted theft, diversion, or sabotageof category 1 or category 2 quantities of radioactive material. Theextent of the training must be commensurate with the individual'spotential involvement in the security of category 1 or category 2quantities of radioactive material.

(C) Refresher training must be provided at a frequencynot to exceed 12 months and when significant changes have been madeto the security program. This training must include:

(i) review of the training requirements of this paragraphand any changes made to the security program since the last training;

(ii) reports on any relevant security issues, problems,and lessons learned;

(iii) relevant results of commission inspections; and

(iv) relevant results of the licensee's program reviewand testing and maintenance.

(D) The licensee shall maintain records of the initialand refresher training for three years from the date of the training.The training records must include dates of the training, topics covered,a list of licensee personnel in attendance, and related information.

(4) Protection of information.

(A) Licensees authorized to possess category 1 or category2 quantities of radioactive material shall limit access to and unauthorizeddisclosure of their security plan, implementing procedures, and thelist of individuals that have been approved for unescorted access.

(B) Efforts to limit access shall include the development,implementation, and maintenance of written policies and proceduresfor controlling access to, and for proper handling and protectionagainst unauthorized disclosure of, the security plan, implementingprocedures, and the list of individuals that have been approved forunescorted access.

(C) Before granting an individual access to the securityplan, implementing procedures, or the list of individuals that havebeen approved for unescorted access, licensees shall:

(i) evaluate an individual's need to know the securityplan, implementing procedures, or the list of individuals that havebeen approved for unescorted access; and

(ii) if the individual has not been authorized forunescorted access to category 1 or category 2 quantities of radioactivematerial, safeguards information, or safeguards information-modifiedhandling, the licensee must complete a background investigation todetermine the individual's trustworthiness and reliability. A trustworthinessand reliability determination shall be conducted by the reviewingofficial and shall include the background investigation elements containedin subsection (d)(1)(B) - (G) of this section.

(D) Licensees need not subject the following individualsto the background investigation elements for protection of information:

(i) the categories of individuals listed in subsection(f)(1) of this section; or

(ii) security service provider employees, providedwritten verification that the employee has been determined to be trustworthyand reliable, by the required background investigation in subsection(d)(1)(B) - (G) of this section, has been provided by the securityservice provider.

(E) The licensee shall document the basis for concludingthat an individual is trustworthy and reliable and should be grantedaccess to the security plan, implementing procedures, or the listof individuals that have been approved for unescorted access.

(F) Licensees shall maintain a list of persons currentlyapproved for access to the security plan, implementing procedures,or the list of individuals that have been approved for unescortedaccess. When a licensee determines that a person no longer needs accessto the security plan, implementing procedures, or the list of individualsthat have been approved for unescorted access or no longer meets theaccess authorization requirements for access to the information, thelicensee shall remove the person from the approved list as soon aspossible, but no later than seven working days, and take prompt measuresto ensure that the individual is unable to obtain the security plan,implementing procedures, or the list of individuals that have beenapproved for unescorted access.

(G) When not in use, the licensee shall store its securityplan, implementing procedures, and the list of individuals that havebeen approved for unescorted access in a manner to prevent unauthorizedaccess. Information stored in non-removable electronic form must bepassword protected.

(H) The licensee shall retain as a record for threeyears after the document is no longer needed:

(i) a copy of the information protection procedures; and

(ii) the list of individuals approved for access tothe security plan, implementing procedures, or the list of individualsthat have been approved for unescorted access.

(k) LLEA coordination.

(1) A licensee subject to subsections (i) and (j) ofthis section, this subsection, and subsections (l) - (q) of this sectionshall coordinate, to the extent practicable, with an LLEA for respondingto threats to the licensee's facility, including any necessary armedresponse. The information provided to the LLEA must include:

(A) a description of the facilities and the category1 and category 2 quantities of radioactive materials along with adescription of the licensee's security measures that have been implementedto comply with subsections (i) and (j) of this section, this subsection,and subsections (l) - (q) of this section; and

(B) a notification that the licensee will request atimely armed response by the LLEA to any actual or attempted theft,sabotage, or diversion of category 1 or category 2 quantities of material.

(2) The licensee shall notify the executive directorwithin three business days if:

(A) the LLEA has not responded to the request for coordinationwithin 60 days of the coordination request; or

(B) the LLEA notifies the licensee that the LLEA doesnot plan to participate in coordination activities.

(3) The licensee shall document its efforts to coordinatewith the LLEA. The documentation must be kept for three years.

(4) The licensee shall coordinate with the LLEA atleast every 12 months, or when changes to the facility design or operationadversely affect the potential vulnerability of the licensee's materialto theft, sabotage, or diversion.

(l) Security zones.

(1) Licensees shall ensure that all aggregated category1 and category 2 quantities of radioactive material are used or storedwithin licensee established security zones. Security zones may bepermanent or temporary.

(2) Temporary security zones must be established asnecessary to meet the licensee's transitory or intermittent businessactivities, such as periods of maintenance, source delivery, and source replacement.

(3) Security zones must, at a minimum, allow unescortedaccess only to approved individuals through:

(A) isolation of category 1 and category 2 quantitiesof radioactive materials by the use of continuous physical barriersthat allow access to the security zone only through established accesscontrol points. A physical barrier is a natural or man-made structureor formation sufficient for the isolation of the category 1 or category2 quantities of radioactive material within a security zone; or

(B) direct control of the security zone by approvedindividuals at all times; or

(4) For category 1 quantities of radioactive materialduring periods of maintenance, source receipt, preparation for shipment,installation, or source removal or exchange, the licensee shall, ata minimum, provide sufficient individuals approved for unescortedaccess to maintain continuous surveillance of sources in temporarysecurity zones and in any security zone in which physical barriersor intrusion detection systems have been disabled to allow such activities.

(5) Individuals not approved for unescorted accessto category 1 or category 2 quantities of radioactive material mustbe escorted by an approved individual when in a security zone.

(m) Monitoring, detection, and assessment.

(1) Monitoring and detection.

(A) Licensees shall establish and maintain the capabilityto continuously monitor and detect without delay all unauthorizedentries into its security zones. Licensees shall provide the meansto maintain continuous monitoring and detection capability in theevent of a loss of the primary power source or provide for an alarmand response in the event of a loss of the capability to continuouslymonitor and detect unauthorized entries.

(B) Monitoring and detection must be performed by:

(i) a monitored intrusion detection system that islinked to an onsite or offsite central monitoring facility;

(ii) electronic devices for intrusion detection alarmsthat will alert nearby facility personnel;

(iii) a monitored video surveillance system;

(iv) direct visual surveillance by approved individualslocated within the security zone; or

(v) direct visual surveillance by a licensee designatedindividual located outside the security zone.

(C) A licensee subject to subsections (i) - (l) ofthis section, this subsection, and subsections (n) - (q) of this sectionshall also have a means to detect unauthorized removal of the radioactivematerial from the security zone. This detection capability must provide:

(i) for category 1 quantities of radioactive material,immediate detection of any attempted unauthorized removal of the radioactivematerial from the security zone. Such immediate detection capabilitymust be provided by:

(I) electronic sensors linked to an alarm;

(II) continuous monitored video surveillance; or

(III) direct visual surveillance.

(ii) For category 2 quantities of radioactive material,weekly verification through physical checks, tamper indicating devices,use, or other means to ensure that the radioactive material is present.

(2) Assessment. Licensees shall immediately assesseach actual or attempted unauthorized entry into the security zoneto determine whether the unauthorized access was an actual or attemptedtheft, sabotage, or diversion.

(3) Personnel communications and data transmission.For personnel and automated or electronic systems supporting the licensee'smonitoring, detection, and assessment systems, licensees shall:

(A) maintain continuous capability for personnel communicationand electronic data transmission and processing among site security systems; and

(B) provide an alternative communication capabilityfor personnel, and an alternative data transmission and processingcapability, in the event of a loss of the primary means of communicationor data transmission and processing. Alternative communications anddata transmission systems may not be subject to the same failure modesas the primary systems.

(4) Response. Licensees shall immediately respond toany actual or attempted unauthorized access to the security zones,or actual or attempted theft, sabotage, or diversion of category 1or category 2 quantities of radioactive material at licensee facilitiesor temporary job sites. For any unauthorized access involving an actualor attempted theft, sabotage, or diversion of category 1 or category2 quantities of radioactive material, the licensee's response shallinclude requesting, without delay, an armed response from the LLEA.

(n) Maintenance and testing.

(1) Each licensee subject to subsections (i) - (m)of this section, this subsection, and subsections (o) - (q) of thissection shall implement a maintenance and testing program to ensurethat intrusion alarms, associated communication systems, and otherphysical components of the systems used to secure or detect unauthorizedaccess to radioactive material are maintained in operable conditionand capable of performing their intended function when needed. Theequipment relied on to meet the security requirements of this sectionmust be inspected and tested for operability and performance at themanufacturer's suggested frequency. If there is no manufacturer'ssuggested frequency, the testing must be performed at least annually,not to exceed 12 months.

(2) The licensee shall maintain records on the maintenanceand testing activities for three years.

(o) Requirements for mobile devices. Each licenseethat possesses mobile devices containing category 1 or category 2quantities of radioactive material must:

(1) have two independent physical controls that formtangible barriers to secure the material from unauthorized removalwhen the device is not under direct control and constant surveillanceby the licensee; and

(2) for devices in or on a vehicle or trailer, unlessthe health and safety requirements for a site prohibit the disablingof the vehicle, the licensee shall utilize a method to disable thevehicle or trailer when not under direct control and constant surveillanceby the licensee. Licensees shall not rely on the removal of an ignitionkey to meet this requirement.

(p) Security program review.

(1) Each licensee shall be responsible for the continuingeffectiveness of the security program. Each licensee shall ensurethat the security program is reviewed to confirm compliance with therequirements of subsections (i) - (o) of this section, this subsection,and subsection (q) of this section and that comprehensive actionsare taken to correct any noncompliance that is identified. The reviewmust include the radioactive material security program content andimplementation. Each licensee shall periodically (at least annually)review the security program content and implementation.

(2) The results of the review, along with any recommendations,must be documented. Each review report must identify conditions thatare adverse to the proper performance of the security program, thecause of the condition(s), and, when appropriate, recommend correctiveactions, and corrective actions taken. The licensee shall review thefindings and take any additional corrective actions necessary to precluderepetition of the condition, including reassessment of the deficientareas where indicated.

(3) The licensee shall maintain the review documentationfor three years.

(q) Reporting of events.

(1) The licensee shall immediately notify the LLEAafter determining that an unauthorized entry resulted in an actualor attempted theft, sabotage, or diversion of a category 1 or category2 quantity of radioactive material. As soon as possible after initiatinga response, but not at the expense of causing delay or interferingwith the LLEA response to the event, the licensee shall notify theOffice of Compliance and Enforcement 24-hour Emergency Response at1-800-832-8224. In no case shall the notification to the commissionor the NRC be later than four hours after the discovery of any attemptedor actual theft, sabotage, or diversion.

(2) The licensee shall assess any suspicious activityrelated to possible theft, sabotage, or diversion of category 1 orcategory 2 quantities of radioactive material and notify the LLEAas appropriate. As soon as possible but not later than four hoursafter notifying the LLEA, the licensee shall notify the Office ofCompliance and Enforcement 24-hour Emergency Response at 1-800-832-8224.

(3) The initial telephonic notification required byparagraph (1) of this subsection must be followed, within a periodof 30 days, by a written report submitted to the executive director.The report must include sufficient information for commission analysisand evaluation, including identification of any necessary correctiveactions to prevent future instances.

(r) Additional requirements for transfer of category1 and category 2 quantities of radioactive material. A licensee transferringa category 1 or category 2 quantity of radioactive material to a licenseeof the commission, the NRC, or an Agreement State shall meet the licenseverification provisions listed in this subsection instead of thoselisted in §336.331(d) of this title (relating to Transfer ofRadioactive Material):

(1) Any licensee transferring category 1 quantitiesof radioactive material to a licensee of the commission, the NRC,or an Agreement State, prior to conducting such transfer, shall verifywith the NRC's license verification system or the license issuingauthority that the transferee's license authorizes the receipt ofthe type, form, and quantity of radioactive material to be transferredand that the licensee is authorized to receive radioactive materialat the location requested for delivery. If the verification is conductedby contacting the license issuing authority, the transferor shalldocument the verification. For transfers within the same organization,the licensee does not need to verify the transfer.

(2) Any licensee transferring category 2 quantitiesof radioactive material to a licensee of the commission, the NRC,or an Agreement State, prior to conducting such transfer, shall verifywith the NRC's license verification system or the license issuingauthority that the transferee's license authorizes the receipt ofthe type, form, and quantity of radioactive material to be transferred.If the verification is conducted by contacting the license issuingauthority, the transferor shall document the verification. For transferswithin the same organization, the licensee does not need to verifythe transfer.

(3) In an emergency where the licensee cannot reachthe license issuing authority and the license verification systemis nonfunctional, the licensee may accept a written certificationby the transferee that it is authorized by license to receive thetype, form, and quantity of radioactive material to be transferred.The certification must include the license number, current revisionnumber, issuing agency, expiration date, and for a category 1 shipmentthe authorized address. The licensee shall keep a copy of the certification.The certification must be confirmed by use of the NRC's license verificationsystem or by contacting the license issuing authority by the end ofthe next business day.

(4) The transferor shall keep a copy of the verificationdocumentation as a record for three years.

(s) Applicability of physical protection of category1 and category 2 quantities of radioactive material during transit.The shipping licensee shall be responsible for meeting the requirementsof subsection (r) of this section, this subsection, and subsections(t) - (w) of this section unless the receiving licensee has agreedin writing to arrange for the in-transit physical protection requiredunder subsection (r) of this section, this subsection, and subsections(t) - (w) of this section.

(t) Preplanning and coordination of shipment of category1 or category 2 quantities of radioactive material.

(1) Each licensee that plans to transport, or deliverto a carrier for transport, licensed material that is a category 1quantity of radioactive material outside the confines of the licensee'sfacility or other place of use or storage shall:

(A) preplan and coordinate shipment arrival and departuretimes with the receiving licensee;

(B) preplan and coordinate shipment information withthe governor or the governor's designee of any state through whichthe shipment will pass to:

(i) discuss the state's intention to provide law enforcement escorts; and

(ii) identify safe havens; and

(2) Each licensee that plans to transport, or deliverto a carrier for transport, licensed material that is a category 2quantity of radioactive material outside the confines of the licensee'sfacility or other place of use or storage shall coordinate the shipmentno-later-than arrival time and the expected shipment arrival withthe receiving licensee. The licensee shall document the coordination activities.

(3) Each licensee who receives a shipment of a category2 quantity of radioactive material shall confirm receipt of the shipmentwith the originator. If the shipment has not arrived by the no-later-thanarrival time, the receiving licensee shall notify the originator.

(4) Each licensee, who transports or plans to transporta shipment of a category 2 quantity of radioactive material, and determinesthat the shipment will arrive after the no-later-than arrival timeprovided pursuant to paragraph (2) of this subsection, shall promptlynotify the receiving licensee of the new no-later-than arrival time.

(5) The licensee shall retain a copy of the documentationfor preplanning and coordination and any revision thereof as a recordfor three years.

(u) Advance notification of shipment of category 1quantities of radioactive material. As specified in paragraphs (1)and (2) of this subsection, each licensee shall provide advance notificationto the NRC, to the executive director, and the governor of a state,or the governor's designee, of the shipment of licensed material ina category 1 quantity, through or across the boundary of the state,before the transport or delivery to a carrier for transport of thelicensed material outside the confines of the licensee's facilityor other place of use or storage.

(1) Procedures for submitting advance notification.

(A) The notification must be made to the executivedirector, to the commission, and to the office of each appropriategovernor or governor's designee. The contact information, includingtelephone and mailing addresses, of governors and governors' designees,is available on the NRC's website at https://scp.nrc.gov/special/designee.pdf. A list of the contact information is also available uponrequest from the Director, Division of Materials Safety, Security,State, and Tribal Programs, Office of Nuclear Material Safety andSafeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

(B) A notification delivered by mail must be postmarkedat least seven days before transport of the shipment commences atthe shipping facility.

(C) A notification delivered by any means other thanmail must reach the commission and the executive director at leastfour days before the transport of the shipment commences and mustreach the office of the governor or the governor's designee at leastfour days before transport of a shipment within or through the state.

(2) Information to be furnished in advance notificationof shipment. Each advance notification of shipment of category 1 quantitiesof radioactive material must contain the following information, ifavailable at the time of notification:

(A) the name, address, and telephone number of theshipper, carrier, and receiver of the category 1 radioactive material;

(B) the license numbers of the shipper and receiver;

(D) the point of origin of the shipment and the estimatedtime and date that shipment will commence;

(E) the estimated time and date that the shipment isexpected to enter each state along the route;

(F) the estimated time and date of arrival of the shipmentat the destination; and

(G) a point of contact, with a telephone number, forcurrent shipment information.

(3) Revision notice.

(A) The licensee shall provide any information notpreviously available at the time of the initial notification, as soonas the information becomes available but not later than commencementof the shipment, to the governor of the state or the governor's designee,to the executive director, and to the commission.

(B) A licensee shall promptly notify the governor ofthe state or the governor's designee of any changes to the informationprovided in accordance with paragraph (2) of this subsection and subparagraph(A) of this paragraph. The licensee shall also immediately notifythe commission and the executive director of any such changes.

(4) Cancellation notice. Each licensee who cancelsa shipment for which advance notification has been sent shall senda cancellation notice to the governor of each state or to the governor'sdesignee previously notified, to the executive director, and to thecommission. The licensee shall send the cancellation notice beforethe shipment would have commenced or as soon thereafter as possible.The licensee shall state in the notice that it is a cancellation andidentify the advance notification that is being canceled.

(5) Records. The licensee shall retain a copy of theadvance notification and any revision and cancellation notices asa record for three years.

(6) Protection of information. State officials, Stateemployees, and other individuals, whether or not licensees of thecommission, NRC, or an Agreement State, who receive schedule informationof the kind specified in paragraph (2) of this subsection shall protectthat information against unauthorized disclosure as specified in subsection(j)(4) of this section.

(v) Requirements for physical protection of category1 and category 2 quantities of radioactive material during shipment.

(1) Shipments by road.

(A) Each licensee who transports, or delivers to acarrier for transport, in a single shipment, a category 1 quantityof radioactive material shall:

(i) Ensure that movement control centers are establishedthat maintain position information from a remote location. These controlcenters must monitor shipments 24 hours a day, seven days a week,and have the ability to communicate immediately, in an emergency,with the appropriate law enforcement agencies.

(ii) Ensure that redundant communications are establishedthat allow the transport to contact the escort vehicle (when used)and movement control center at all times. Redundant communicationsmay not be subject to the same interference factors as the primary communication.

(iii) Ensure that shipments are continuously and activelymonitored by a telemetric position monitoring system or an alternativetracking system reporting to a movement control center. A movementcontrol center must provide positive confirmation of the location,status, and control over the shipment. The movement control centermust be prepared to promptly implement preplanned procedures in responseto deviations from the authorized route or a notification of actual,attempted, or suspicious activities related to the theft, loss, ordiversion of a shipment. These procedures will include, but not belimited to, the identification of and contact information for theappropriate LLEA along the shipment route.

(iv) Provide an individual to accompany the driverfor those highway shipments with a driving time period greater thanthe maximum number of allowable hours of service in a 24-hour dutyday as established by the Department of Transportation Federal MotorCarrier Safety Administration. The accompanying individual may beanother driver.

(v) Develop written normal and contingency proceduresto address:

(I) notifications to the communication center and lawenforcement agencies;

(II) communication protocols. Communication protocolsmust include a strategy for the use of authentication codes and duresscodes and provisions for refueling or other stops, detours, and locationswhere communication is expected to be temporarily lost;

(III) loss of communications; and

(IV) responses to an actual or attempted theft or diversionof a shipment.

(vi) Each licensee who makes arrangements for the shipmentof category 1 quantities of radioactive material shall ensure thatdrivers, accompanying personnel, and movement control center personnelhave access to the normal and contingency procedures.

(B) Each licensee that transports category 2 quantitiesof radioactive material shall maintain constant control and/or surveillanceduring transit and have the capability for immediate communicationto summon appropriate response or assistance.

(C) Each licensee who delivers to a carrier for transport,in a single shipment, a category 2 quantity of radioactive material shall:

(i) use carriers that have established package trackingsystems. An established package tracking system is a documented, proven,and reliable system routinely used to transport objects of value.In order for a package tracking system to maintain constant controland/or surveillance, the package tracking system must allow the shipperor transporter to identify when and where the package was last andwhen it should arrive at the next point of control;

(ii) use carriers that maintain constant control and/orsurveillance during transit and have the capability for immediatecommunication to summon appropriate response or assistance; and

(iii) use carriers that have established tracking systemsthat require an authorized signature prior to releasing the packagefor delivery or return.

(2) Shipments by rail.

(A) Each licensee who transports, or delivers to acarrier for transport, in a single shipment, a category 1 quantityof radioactive material shall:

(i) Ensure that rail shipments are monitored by a telemetricposition monitoring system or an alternative tracking system reportingto the licensee, third-party, or railroad communications center. Thecommunications center shall provide positive confirmation of the locationof the shipment and its status. The communications center shall implementpreplanned procedures in response to deviations from the authorizedroute or to a notification of actual, attempted, or suspicious activitiesrelated to the theft or diversion of a shipment. These procedureswill include, but not be limited to, the identification of and contactinformation for the appropriate LLEA along the shipment route.

(ii) Ensure that periodic reports to the communicationscenter are made at preset intervals.

(B) Each licensee who transports, or delivers to acarrier for transport, in a single shipment, a category 2 quantityof radioactive material shall:

(ii) use carriers that maintain constant control and/orsurveillance during transit and have the capability for immediatecommunication to summon appropriate response or assistance; and

(iii) use carriers that have established tracking systemsthat require an authorized signature prior to releasing the packagefor delivery or return.

(3) Investigations. Each licensee who makes arrangementsfor the shipment of category 1 quantities of radioactive materialshall immediately conduct an investigation upon the discovery thata category 1 shipment is lost or missing. Each licensee who makesarrangements for the shipment of category 2 quantities of radioactivematerial shall immediately conduct an investigation, in coordinationwith the receiving licensee, of any shipment that has not arrivedby the designated no-later-than arrival time.

(w) Reporting of events.

(1) The shipping licensee shall notify the appropriateLLEA and the Office of Compliance and Enforcement 24-hour EmergencyResponse at 1-800-832-8224 within one hour of its determination thata shipment of category 1 quantities of radioactive material is lostor missing. The appropriate LLEA would be the law enforcement agencyin the area of the shipment's last confirmed location. During theinvestigation required by subsection (v)(3) of this section, the shippinglicensee will provide agreed upon updates to the executive directoron the status of the investigation.

(2) The shipping licensee shall notify the Office ofCompliance and Enforcement 24-hour Emergency Response at 1-800-832-8224within four hours of its determination that a shipment of category2 quantities of radioactive material is lost or missing. If, after24 hours of its determination that the shipment is lost or missing,the radioactive material has not been located and secured, the licenseeshall immediately notify the executive director.

(3) The shipping licensee shall notify the designatedLLEA along the shipment route as soon as possible upon discovery ofany actual or attempted theft or diversion of a shipment or suspiciousactivities related to the theft or diversion of a shipment of a category1 quantity of radioactive material. As soon as possible after notifyingthe LLEA, the licensee shall notify the Office of Compliance and Enforcement24-hour Emergency Response at 1-800-832-8224 upon discovery of anyactual or attempted theft or diversion of a shipment or any suspiciousactivity related to the shipment of category 1 radioactive material.

(4) The shipping licensee shall notify the Office ofCompliance and Enforcement 24-hour Emergency Response at 1-800-832-8224as soon as possible upon discovery of any actual or attempted theftor diversion of a shipment or any suspicious activity related to theshipment, of a category 2 quantity of radioactive material.

(5) The shipping licensee shall notify the Office ofCompliance and Enforcement 24-hour Emergency Response at 1-800-832-8224and the LLEA as soon as possible upon recovery of any lost or missingcategory 1 quantities of radioactive material.

(6) The shipping licensee shall notify the Office ofCompliance and Enforcement 24-hour Emergency Response at 1-800-832-8224as soon as possible upon recovery of any lost or missing category2 quantities of radioactive material.

(7) The initial telephonic notification required byparagraphs (1) - (4) of this subsection must be followed within aperiod of 30 days by a written report submitted to the executive director.A written report is not required for notifications on suspicious activitiesrequired by paragraphs (3) and (4) of this subsection. The reportmust set forth the following information:

(A) a description of the licensed material involved,including kind, quantity, and chemical and physical form;

(B) a description of the circ*mstances under whichthe loss or theft occurred;

(D) actions that have been taken, or will be taken,to recover the material; and

(E) procedures or measures that have been, or willbe, adopted to ensure against a recurrence of the loss or theft oflicensed material.

(8) Subsequent to filing the written report, the licenseeshall also report any additional substantive information on the lossor theft within 30 days after the licensee learns of such information.

(x) Form of records. Each record required by this sectionmust be legible throughout the retention period specified in regulationby the licensing authority. The record may be the original or a reproducedcopy or a microform, provided that the copy or microform is authenticatedby authorized personnel and that the microform is capable of producinga clear copy throughout the required retention period. The recordmay also be stored in electronic media with the capability for producinglegible, accurate, and complete records during the required retentionperiod. Records such as letters, drawings, and specifications, mustinclude all pertinent information such as stamps, initials, and signatures.The licensee shall maintain adequate safeguards against tamperingwith and loss of records.

(y) Record retention. Licensees shall maintain therecords that are required in this section for the period specifiedby the appropriate regulation. If a retention period is not otherwisespecified, these records must be retained until the executive directorterminates the facility's license. All records related to this sectionmay be destroyed upon executive director termination of the facility license.

(z) Category 1 and category 2 radioactive materials.The terabecquerel (TBq) values are the regulatory standard. The curie(Ci) values specified are obtained by converting from the TBq value.The Ci values are provided for practical usefulness only.

Figure: 30 TAC §336.357(z) (.pdf)

[~~Figure: 30 TAC §336.357(z)~~]

The agency certifies that legal counsel has reviewedthe proposal and found it to be within the state agency's legal authorityto adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402630

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-0634

SUBCHAPTER G. DECOMMISSIONING STANDARDS

30 TAC §336.625

Statutory Authority

The rule change is proposed under Texas Water Code (TWC), §5.102,concerning general powers of the commission; TWC, §5.103, whichauthorizes the commission to adopt any rules necessary to carry outit* power and duties; TWC, §5.105, which authorizes the commissionto establish and approved all general policy of the commission byrule; Texas Health and Safety Code (THSC), §401.011, which authorizesthe commission to regulate and license the disposal of radioactivesubstances, the processing and storage of low-level radioactive wasteor naturally occurring radioactive material waste, the recovery andprocessing of source material, and the processing of by-product material;THSC, §401.051, which authorizes the commission to adopt rulesand guidelines relating to control of sources of radiation; THSC, §401.103,which authorizes the commission to adopt rules and guidelines thatprovide for licensing and registration for the control of sourcesof radiation; THSC, §401.104, which requires the commission toprovide rules for licensing for the disposal of radioactive substances;THSC, §401.202, which authorizes the commission to regulate commercialprocessing and disposal of low-level radioactive waste; THSC, §401.262,which authorizes the commission to regulate by-product storage andprocessing facilities; THSC, §401.301, which authorizes the commissionto set fees by rule; and THSC, §401.412, which authorizes thecommission to issue licenses for the disposal of radioactive substances.

The proposed amendments implement THSC, Chapter 401, and are proposedto meet compatibility standards set by the United States Nuclear Regulatory Commission.

§336.625.Expiration and Termination of Licenses.

(a) Each license expires at the end of the day on theexpiration date stated in the license unless the licensee has filedan application for renewal not less than 30 days before the expirationdate stated in the existing license. If an application for renewalin proper form has been filed at least 30 days before the expirationdate stated in the existing license, the existing license shall notexpire until the application has been finally determined by the commission.For the purposes of this section, "proper form" shall mean that theapplication includes the information required by §336.617 ofthis title (relating to Technical Requirements for Inactive DisposalSites) or §336.513 of this title (relating to Technical Requirementsfor Active Disposal Sites). The existing license expires at the endof the day on which the commission makes a final determination todeny the renewal application or, if the determination states an expirationdate, the expiration date stated in the determination.

(b) Each license revoked by the commission expiresat the end of the day on the date of the commission's final determinationto revoke the license, or on the expiration date stated in the determination,or as otherwise provided by commission order.

(c) Each license continues in effect, beyond the expirationdate if necessary, with respect to possession of source material, by-product [~~byproduct~~] material, or other radioactive materialuntil the commission notifies the licensee in writing that the licenseis terminated. During this time, the licensee shall:

(1) limit actions involving source material, by-product [~~byproduct~~] material, or other radioactive materialto those related to decommissioning; and

(2) continue to control entry to restricted areas untilthey are suitable for release in accordance with commission requirements.

(d) Within 60 days of the occurrence of any of thefollowing, each licensee of an active disposal site shall providewritten notification to the executive director:

(1) the license has expired under subsection (a) or(b) of this section; or

(2) the licensee has decided to permanently cease principalactivities at the entire site or in any separate building or outdoorarea that contains residual radioactivity such that the building oroutdoor area is unsuitable for unrestricted release in accordancewith commission requirements; or

(3) no principal activities under the license havebeen conducted for a period of 24 months; or

(4) no principal activities have been conducted fora period of 24 months in any separate building or outdoor area thatcontains residual radioactivity such that the building or outdoorarea is unsuitable for release in accordance with commission requirements.

(e) The licensee of an active disposal site shall either:

(1) within 60 days of the occurrence for which notificationis required by subsection (d) of this section, begin decommissioningits site or any separate building or outdoor area that contains residualradioactivity, according to an approved decommissioning plan, so thatthe building or outdoor area is suitable for release in accordancewith commission requirements; or

(2) if no decommissioning plan has been submitted,submit a decommissioning plan to the executive director, includinga signed statement adjusting the amount of financial assurance basedupon the detailed cost estimate included in the decommissioning plan,within 12 months of the notification required by subsection (d) ofthis section and request an amendment of the license to incorporatethe plan into the license; and

(3) begin decommissioning within 60 days of the approvalof that plan by the commission.

(f) The licensee of an inactive disposal site licensedunder §336.615 of this title (relating to Inactive Disposal Sites),shall provide notice of and begin decommissioning within 90 days oflicense renewal. The owner or operator of an unlicensed inactive disposalsite must apply for a license to decommission the site and begin decommissioningwithin 90 days of license approval.

(g) All licensees shall follow a commission-approvedclosure plan for decontamination, decommissioning, restoration, andreclamation of buildings and the site.

(1) Coincident with the notification required by subsections(d) or (f) of this section, the licensee shall continue to maintainin effect all decommissioning financial assurance until the licenseis terminated by the commission.

(2) The amount of the financial assurance must be increased,or may be decreased, as appropriate, to cover the detailed cost estimatefor decommissioning established under §336.613(f)(5) of thistitle (relating to Additional Requirements).

(3) Any licensee who has not provided financial assuranceto cover the detailed cost estimate submitted with the decommissioningplan shall do so on or before January 1, 1998.

(4) Following approval of the decommissioning plan,with the approval of the executive director, a licensee may reducethe amount of the financial assurance as decommissioning proceedsand radiological contamination is reduced at the site.

(h) The executive director may grant in writing a requestto extend the time periods established in subsections (d), (e), or(f) of this section, or to delay or postpone the decommissioning process,if the executive director determines that this relief is not detrimentalto the public health and safety and is otherwise in the public interest.The request must be submitted in writing no later than 30 days beforenotification under subsection (d) or (f) of this section. The schedulefor decommissioning set forth in subsection (e) or (f) of this sectionmay not commence until the executive director has made a determinationon the request.

(i) Licenses, including expired licenses, will be terminatedby the commission by written notice to the licensee when the executivedirector determines that:

(1) source material, by-product [~~byproduct~~] material, and other radioactive material has been properly disposed;

(2) reasonable effort has been made to eliminate residualradioactive contamination, if present;

(3) the site is suitable for release;

(A) a radiation survey has been performed which demonstratesthat the premises are suitable for release in accordance with commissionrequirements; or

(B) other information submitted by the licensee issufficient to demonstrate that the premises are suitable for releasein accordance with commission requirements;

(4) the licensee has paid any outstanding fees requiredby Subchapter B of this chapter (relating to Radioactive SubstanceFees) and has resolved any outstanding notice(s) of violation issuedto the licensee; and

(5) the licensee has complied with all other applicabledecommissioning criteria required by this subchapter.

(j) A licensee may request that a subsite or a portionof a licensed area be released for unrestricted use before full licensetermination as long as release of the area of concern will not adverselyimpact the remaining unaffected areas and will not be recontaminatedby ongoing authorized activities. When the licensee is confident thatthe area of concern will be acceptable to the state for release forunrestricted use, a written request for release for unrestricted useand agency confirmation of close-out work performed must be submittedto the executive director. The request should include a comprehensivereport, accompanied by survey and sample results which show contaminationis less than the limits specified in §336.603 of this title (relatingto Radiological Criteria for Unrestricted Use), and an explanationof how ongoing authorized activities will not adversely affect thearea proposed to be released. Upon confirmation by the executive directorthat the area of concern is indeed releasable for unrestricted use,the licensee may apply for a license amendment, if required.

The agency certifies that legal counsel has reviewedthe proposal and found it to be within the state agency's legal authorityto adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402631

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-0634

SUBCHAPTER H. LICENSING REQUIREMENTS FOR NEAR-SURFACE LAND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE

30 TAC §336.701

Statutory Authority

The rule change is proposed under Texas Water Code (TWC), §5.102, concerning general powers of the commission; TWC, §5.103, whichauthorizes the commission to adopt any rules necessary to carry outit* power and duties; TWC, §5.105, which authorizes the commissionto establish and approved all general policy of the commission byrule; Texas Health and Safety Code (THSC), §401.011, which authorizesthe commission to regulate and license the disposal of radioactivesubstances, the processing and storage of low-level radioactive wasteor naturally occurring radioactive material waste, the recovery andprocessing of source material, and the processing of by-product material;THSC, §401.051, which authorizes the commission to adopt rulesand guidelines relating to control of sources of radiation; THSC, §401.103,which authorizes the commission to adopt rules and guidelines thatprovide for licensing and registration for the control of sourcesof radiation; THSC, §401.104, which requires the commission toprovide rules for licensing for the disposal of radioactive substances;THSC, §401.202, which authorizes the commission to regulate commercialprocessing and disposal of low-level radioactive waste; THSC, §401.262,which authorizes the commission to regulate by-product storage andprocessing facilities; THSC, §401.301, which authorizes the commissionto set fees by rule; and THSC, §401.412, which authorizes thecommission to issue licenses for the disposal of radioactive substances.

The proposed amendments implement THSC, Chapter 401, and are proposedto meet compatibility standards set by the United States Nuclear Regulatory Commission.

§336.701.Scope and General Provisions.

(a) This subchapter establishes the procedures, criteria,and terms and conditions upon which the commission issues a licensefor the near-surface land disposal of low-level radioactive wastesand accelerator-produced radioactive material received from otherpersons. The rules in this subchapter apply to disposal of low-levelradioactive waste and accelerator-produced radioactive material asdefined in §336.2 of this title (relating to Definitions). Forthe purpose of this subchapter, the term "low-level radioactive waste"includes accelerator-produced radioactive material. If there is aconflict between the rules of the commission and the rules of thissubchapter, the rules of this subchapter shall prevail. No personshall engage in disposal of low-level radioactive waste received fromother persons except as authorized in a specific license issued underthis subchapter. A licensee under this subchapter shall conduct processingof low-level radioactive waste received for disposal at the licensedsite, incidental to the disposal of that waste, in accordance withprovisions of the commission license which authorizes the disposal.

(b) A licensee authorized to dispose of low-level radioactivewaste under the rules in this subchapter shall not accept for disposal:

(1) high-level radioactive waste as defined in 10 Codeof Federal Regulations (CFR) §60.2 as amended through October27, 1988 (53 FR 43421) (Definitions - high-level radioactive wastesin geologic repositories);

(2) by-product [~~byproduct~~] materialas defined in §336.2(20)(B) [~~§336.2(13)(B)~~]of this title;

(3) spent or irradiated nuclear fuel;

(4) waste that is not generally acceptable for near-surfacedisposal as specified in §336.362 of this title (relating toAppendix E. Classification and Characteristics of Low-Level RadioactiveWaste); or

(5) waste that exceeds Class C limitations as specifiedin §336.362 of this title.

(c) In addition to the requirements of this subchapter,all licensees, unless otherwise specified, are subject to the requirementsof Subchapters A - E and G of this chapter (relating to General Provisions;Radioactive Substance Fees; General Disposal Requirements; Standardsfor Protection Against Radiation; Notices, Instructions, and Reportsto Workers and Inspections; and Decommissioning Standards). For SubchapterH licensees, the decommissioning and license termination criteriain Subchapter G of this chapter applies only to the ancillary surface facilities.

(d) On-site disposal of low-level radioactive wasteat any site authorized under §336.501(b) of this title (relatingto Scope and General Provisions), is not subject to licensing underthis subchapter.

(e) Shipment and transportation of low-level radioactivewaste to a licensed land disposal facility in Texas is subject toapplicable rules of the Texas Department of Health, United StatesDepartment of Transportation, and United States Nuclear RegulatoryCommission. Each shipment of low-level radioactive waste to a licensedland disposal facility in Texas is subject to inspection by the TexasDepartment of Health before shipment.

The agency certifies that legal counsel has reviewedthe proposal and found it to be within the state agency's legal authorityto adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402633

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-0634

SUBCHAPTER M. LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES

30 TAC §336.1215

Statutory Authority

The rule change is proposed under Texas Water Code (TWC), §5.102,concerning general powers of the commission; TWC, §5.103, whichauthorizes the commission to adopt any rules necessary to carry outit* power and duties; TWC, §5.105, which authorizes the commissionto establish and approved all general policy of the commission byrule; Texas Health and Safety Code (THSC), §401.011, which authorizesthe commission to regulate and license the disposal of radioactivesubstances, the processing and storage of low-level radioactive wasteor naturally occurring radioactive material waste, the recovery andprocessing of source material, and the processing of by-product material;THSC, §401.051, which authorizes the commission to adopt rulesand guidelines relating to control of sources of radiation; THSC, §401.103,which authorizes the commission to adopt rules and guidelines thatprovide for licensing and registration for the control of sourcesof radiation; THSC, §401.104, which requires the commission toprovide rules for licensing for the disposal of radioactive substances;THSC, §401.202, which authorizes the commission to regulate commercialprocessing and disposal of low-level radioactive waste; THSC, §401.262,which authorizes the commission to regulate by-product storage andprocessing facilities; THSC, §401.301, which authorizes the commissionto set fees by rule; and THSC, §401.412, which authorizes thecommission to issue licenses for the disposal of radioactive substances.

The proposed amendments implement THSC, Chapter 401, and are proposedto meet compatibility standards set by the United States Nuclear Regulatory Commission.

§336.1215.Issuance of Licenses.

(a) A license for a radioactive substances processingor storage facility may be issued if the agency finds reasonable assurance that:

(1) an application meets the requirements of the TexasRadiation Control Act and the rules of the agency;

(2) the proposed radioactive substances facility willbe sited, designed, operated, decommissioned, and closed in accordancewith this chapter;

(3) the issuance of the license will not be inimicalto the health and safety of the public or the environment; and

(4) there is no reason to deny the license because of:

(A) any material false statement in the applicationor any statement of fact required under provisions of the Texas RadiationControl Act;

(B) conditions revealed by the application or statementof fact or any report, record, or inspection, or other means thatwould warrant the agency to refuse to grant a license on an application; or

(5) qualifications of the designated radiation safetyofficer (RSO) as stated in §336.208 of this title (relatingto Radiation Safety Officer) are adequate for the purpose requestedin the application. [~~and include as a minimum:~~]

[(A) have earned at least a bachelor'sdegree in a physical or biological science, industrial hygiene, healthphysics, radiation protection, or engineering from an accredited collegeor university, or an equivalent combination of training and relevantexperience, with two years of relevant experience equivalent to ayear of academic study, from a uranium or mineral extraction/recovery,radioactive waste processing, or a radioactive waste or by-productmaterial disposal facility;]

[(B) have at least one year of relevantexperience, in addition to that used to meet the educational requirement,working under the direct supervision of the radiation safety officerat a uranium or mineral extraction/recovery, radioactive waste processing,or radioactive waste or by-product material disposal facility; and]

[(C) have at least four weeks of specializedtraining in health physics or radiation safety applicable to uraniumor mineral extraction/recovery, radioactive waste processing, or radioactivewaste or by-product material disposal operations from a course providerthat has been evaluated and approved by the agency.]

(b) The agency may request, and the licensee must provide,additional information after the license has been issued to enablethe agency to determine whether the license should be modified, suspended,or revoked.

The agency certifies that legal counsel has reviewedthe proposal and found it to be within the state agency's legal authorityto adopt.

Filed with the Office of the Secretary of State on June 14, 2024.

TRD-202402634

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: July 28, 2024

For further information, please call: (512) 239-0634

Proposed Rules Title 30 (2024)

References