Regulatory Text: 
Texas Natural Resource Conservation Commission
Chapter 114 - Control of Air Pollution from Motor Vehicles

SUBCHAPTER G : TRANSPORTATION PLANNING

§114.270.  Transportation Control Measures.
As adopted by TNRCC May 3, 2000, effective May 28, 2000.
Approved by EPA December 5, 2002 (67 FR 72379) effective January 6, 2003.

     (a)  Purpose.  The purpose of this section is to implement requirements relating to transportation control measures (TCMs).  These requirements address the roles and responsibilities of the metropolitan planning organizations (MPOs) and implementing transportation agencies in nonattainment and maintenance areas and provide a method for the substitution of TCMs without a state implementation plan (SIP) revision.

     (b)  Applicability.  This section applies to MPOs and agencies that implement TCMs in designated nonattainment or maintenance areas.  The affected nonattainment and maintenance areas are listed in §101.1 of this title (relating to Definitions).

     (c)  General.  All TCMs shall be developed, coordinated, funded, approved, implemented, tracked, evaluated, and monitored in accordance with §114.260 of this title (relating to Transportation Conformity); Title 40 Code of Federal Regulations, Part 93 (Conformity to State or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 USC or the Federal Transit Laws, as amended); the Federal Clean Air Act, 42 United States Code, 1970, as amended; and the EPA TCM SIP approval criteria listed in the EPA guidance document “Transportation Control Measures:  State Implementation Plan Guidance,” EPA 450/2-89-020, September 1990.

     (d)  MPO responsibilities.  The MPO shall:

          (1)  ensure that all responsibilities required by subsection (c) of this section are fulfilled;

          (2)  maintain, on a rolling basis, complete and accurate records of all TCMs for at least five years.  TCM records shall be sufficient to accurately reflect the effectiveness of the TCM program and shall include the following:

               (A)  the annual status of the implementation of the TCM, including quantification of progress;

               (B)  an annual estimate of the funding and other resources expended toward implementing the TCM, and a comparison of the actual and projected expenditures; 

               (C)  an annual estimate of the emission reductions achieved from implementation of the TCM, and a comparison of the actual and projected reductions; and 

               (D)  any modifications to the TCM since the last annual report and/or projected modifications for the next reporting period to compensate for a shortfall in the implementation of the TCM or in the associated emissions reductions; and

          (3)  make such records available to representatives of the commission, the EPA, the Federal Highway Administration, the Federal Transit Administration, the Texas Department of Transportation, local air pollution agencies having jurisdiction in the area, and the public, upon request;

     (e)  Implementing agency responsibilities.  The implementing agency shall have the responsibility to:

          (1)  ensure that all responsibilities required by subsection (c) of this section are fulfilled; and

          (2)  provide to the MPO upon request:

               (A)  a complete description of the TCMs and their associated estimated emission reduction benefits;

               (B)  evidence that the TCMs were properly adopted by a jurisdiction with legal authority to commit to and execute the program;

               (C)  evidence that funding has been, or will be, obligated to implement the TCMs; and

               (D)  a description of the monitoring program to assess the TCM effectiveness.

     (f)  TCM substitution process.  If a TCM cannot be implemented by the implementation date specified in the SIP, the parties in the interagency consultation process established under §114.260 of this title shall determine whether the TCM continues to be appropriate.  When the MPO and the commission concur that a TCM identified in the SIP is no longer appropriate for any reason, the agencies may initiate the following process to identify and approve a substitute TCM.  This process is the only way in which a TCM may be substituted.  Approval of substitute TCMs shall not constitute a SIP revision for the purpose of transportation conformity when this process is followed.

          (1)  A substitute TCM must provide for:

               (A)  equivalent or greater emissions reductions than the TCM to be replaced; 

               (B)  implementation in the time frame established for the TCM in the SIP.  If the implementation date has already passed, measures that require funding must be included in the first year of the next transportation improvement program and metropolitan transportation plan adopted by the MPO;

               (C)  full implementation not later than two years from the scheduled implementation date of the original TCM in order to meet timely TCM implementation criteria under §114.260 of this title;

               (D)  evidence of adequate personnel, funding, and authority under state or local law to implement, monitor, and enforce the measures in order for the commission to approve the substitute TCM; and

               (E)  evidence of commitments to implement the substitute TCM must be made by the agency with legal authority for implementation.

          (2)  The analysis of substitute TCMs must be consistent with the methodology used for evaluating TCMs in the SIP.  If emissions models and/or transportation models have changed since measures in the SIP were evaluated, both the TCM to be replaced and the substitute TCM shall be evaluated using the latest modeling techniques to demonstrate that equivalent or greater emissions reductions will be achieved through implementation of the substitute TCM.  Key methodologies and assumptions that must be consistent are:

               (A)  EPA approved regional and hot-spot (for carbon monoxide and particulate matter) emission models;

               (B)  the area transportation model; and

               (C)  population and employment growth projections.

          (3)  To identify and evaluate possible substitute TCMs, the MPO shall convene a committee or working group which shall consult with EPA Region 6.  Consultation may be accomplished by sending copies of all draft and final documents, agendas, and reports to EPA Region 6.  The committee or working group shall include:

               (A)  members from all affected jurisdictions, including local air agencies;

               (B)  the commission; and

               (C)  state and local transportation agencies.

          (4)  The MPO, the commission, and the EPA Region 6 must concur with the appropriateness and equivalency of the substitute TCM.  All agreed upon substitute TCMs must be adopted by the commission following the public comment period and the EPA 14-day concurrence period.

          (5)  Before the commission approves a substitute measure, the substitute TCM(s) must have been subject to a public hearing and comment process conducted by the commission.  The TCM substitution process parallels the rulemaking and SIP processes for the purpose of public participation; however, commission approval of a substitute TCM shall not constitute a SIP revision for the purpose of transportation conformity.  There must be at least one public hearing on the substitution.  The hearing can only be held after reasonable public notice, which will be considered to be a minimum of 30 days prior to the hearing.  The public notice shall include:

               (A)  prominent advertising in the affected area announcing the date, time, and place of the hearing; and

               (B)  availability of each proposed substitute TCM for public inspection in at least one location in the affected area.

          (6)  The public notice shall include a description of the substitute TCM and supporting analysis, including assumptions and methodology.

          (7)  Following the close of the public comment period, the commission shall respond to all comments received, and submit to EPA Region 6 a summary of comments received during the public comment period along with the commission responses to all comments.  EPA shall notify the commission within 14 days of receipt of the summary of comments and responses if its concurrence with the substitute TCM has changed as a result of the public comments.  If EPA fails to notify the commission within 14 days, EPA is deemed to concur.

          (8)  The TCM being replaced shall stay in effect until the substitute TCM has been approved.  By approving a substitute TCM, the commission formally rescinds the previously applicable TCM.

          (9)  The commission shall maintain documentation of approved TCM substitutions.  The documentation shall consist of a description of the substitute and replaced TCMs, including the requirements and schedules; a description of the substitution process, including a list of the committee or working group members; the public hearing and comment process; EPA concurrence; and commission approval.  The documentation shall be submitted to EPA following the approval of the substitute measure by the commission and made available to the public as an attachment to the SIP.

**** end tx 114.270 adopted by TNRCC May 3, 2000 ******ed16**d36*****cz5**