UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

Mr. Richard A. Hyde, P.E. Executive Director 1445 ROSS AVENUE, SUITE 1200 DALlAS, TEXAS 75202
- 2733 May 31,2016

Texas Commission on Environmental Quality Post Office Box 13087, MC 109 Austin, Texas 78711 DearMr. Hyde: Office ofthe Regional Administrator

The U.S. Environmental Protection Agency received a letterdated May 23,2016, from the North Central Texas Council ofGovernments notifYing the EPA ofits Regional Transportation Council's May 12,2016, approval for substitution ofthe US67/IH-35E High-Occupancy Vehicle Transportation Control Measure commitment for the Dallas/Fort Worth Ozone nonattainment area with traffic .signalizationprojects. This HOV lane was originally included as aTCM inthe April2000 Dallas/Fort Worth One-Hour Ozone AttainmentDemonstration SIP Revision, whichwas aPProVedby the EPA on October 11, 2005 (70 FR 58978). The Safe, Accountable, Flexible, andEfficient Transportation Equity Act: A Legacy for Users, signed into law on August 10, 2005, revised the Clean AirAct's Section 176{c)transportation conformity provisions including procedures to use 

### in substituting oradding the TCMs to approved SIPs. The CAA, as amended, requires thatthe replacementTCM must achieve equal or greateremission reductions; be implemented on a consistent schedule; and be supportedby adequate resources and authority to be implemented, monitored, and enforced. The TCM must also have been developed through a collaborativeprocess involving all affectedjurisdiCtions, the EPA. and the public. QualifYing the TCMs canbe substituted into an approved SIP without undertaking notice and commentrulemaking, as allowed by §176{c XS) ofthe Act. The EPA reviewed the methodology and the material used by the NCTCOG to demonstrate equivalency between the original and substitute TCMs. Based on ourreview ofthe information and analysis submittedby the NCTCOG, the EPA concurs with the NCTCOG's analysis and determination thatthe substitute TCM is expected to provide an equivalent emissionreduction to the original TCM. Additionally, the emission reductions from the substitute TCM occuron a schedule consistent with the TCM being replaced. This lettertransmits EPA's concurrence regarding the TCM substitution submitted by the NCTCOG. Inreaching this decision, we have reviewed the technical information for the substitute TCM provided by the NCTCOG and have determined thatthe substitute TCM meets the CAA Section §176(c)(8) requirements for substitute TCMs.

This paper Is printed with vegetable-oil-based Inks and Is 100-percent postconsumer recycled material, chlorine-free-processed and recyclableThe substitute TCM is now part ofthe federally enforceable SIP. We anticipate that the TCEQ will submit the substitute TCM for incorporation in the codified applicable SIP within 90 days as required by CAA §176(c)(8). EPA will then proceed to update the Code ofFederal Regulations to reflect the changes to the SIP in the Federal Register and clarify that this TCM is apart ofthe federally enforceable SIP. Ifyou have any questions please contact me at (214) 665-2100, or your staffcan contact Mr. JeffRiley, State Implementation Section, at (214)665-8542. Sincerely,

cc: Mr. Michael Morris, P.E. Director ofTransportation North Central Texas Council ofGovernments