UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGIONS 

Mr. Michael Morris, P.E. 

Director of Transportation 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TEXAS 75202- 2733 

May 31,2016 

North Central Texas Council of Governments 

Post Office Box 5888 

Arlington, Texas 76005-5888 

Dear Mr. Morris: 

Office of the Regional Administrator 

Thank you for your letter dated May 23,2016, notifying the U.S. Environmental Protection Agency of 

the North Central Texas Council of Governments Regional Transportation Council approval for the 

substitution of the US671IH-35E High-Occupancy Vehicle Transportation Control Measure commitment 

for the Dallas/Fort Worth Ozone nonattainment area with traffic signalization projects. This HOV lane 

was originally included as a TCM in the April2000 Dallas/Fort Worth One-Hour Ozone Attainment 

Demonstration SIP Revision, which was approved by the EPA on October 11, 2005 (70 FR 58978). 

The Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users, signed 

into law on August 10,2005, revised the Clean Air Act's Section 176(c) transportation conforniity 

provisions including procedures to use in substituting or adding TCMs to approved·SIPs. The CAA, as 

amended, requires that the replacement TCM must achieve equal or greater emission reductions; be 

implemented on a consistent schedule; and be supported by adequate resources and authority to be · 

implemented, monitored and enforced. The TCM must also have been developed through a collaborative 

process involving all affected jurisdictions, the EPA, and the public. Qualifying the TCMs can be 

substituted into an approved SIP without undertaking notice and comment rulemaking under § 176( c )(8) 

of the Act. · 

The EPA reviewed the methodology and the material used by the NCTCOG to demonstrate equivalency 

between the original and substitute TCMs. Based on our review of the information and analysis 

submitted by the NCTCOG, the EPA concurs with the NCTCOG's analysis and determination that the 

substitute TCM is expected to provide an equivalent emission reduction to the original TCM. 

Additionally, the emission reductions from the substitute TCM occur on a schedule consistent with the 

TCM being replaced. This letter transmits EPA's concurrence regarding the TCM substitution submitted 

by the NCTCOG. In reaching this decision, we have reviewed the technical information for the 

substitute TCM provided by the NCTCOG and have determined. that the substitute TCM meets the CAA 

Section §l76(c)(8) requirements for substitute TCMs. 

This paper is printed with vegetable-oil-based inks and is 1 00-percent post consumer recycled material, 

chlorine-free-processed and recyclable 
The substitute TCM is now part of the 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). The EPA will then proceed to update the Code of Federal Regulations to reflect the 

changes to the SIP in the Federal Register and clarify that this TCM is a part of the federally enforceable 

SIP. 

If you have any questions please contact me at (214) 665-2100, or your staff can contact Mr. Jeff Riley, 

State Implementation Section, at (214)665-8542. 

Sincerely, 

_ ... I f.a I 

cc: Mr. Richard A. Hyde, P.E. 

Executive Director 

Texas Commission on Environmental Quality