UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS

Mr. Michael Morris, P.E. Director ofTransportation 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202- 2733 May 31,2016

North Central Texas Council ofGovernments Post Office Box 5888 Arlington, Texas 76005-5888 Dear Mr. Morris: Office ofthe Regional Administrator

Thankyou for your letter datedMay 23,2016, notifying the U.S. Environmental Protection Agency of the North Central Texas Council ofGovernments Regional Transportation Council approval for the substitution ofthe US671IH-35E High-Occupancy Vehicle Transportation Control Measure commitment for the Dallas/FortWorth Ozone nonattainment area with traffic signalizationprojects. This HOV lane was originally included as aTCM 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 EfficientTransportation Equity Act: ALegacy 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 thatthe replacement TCM must achieve equal or greater emissionreductions; 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 collaborative process involving all affectedjurisdictions, the EPA, and the public. Qualifying the TCMs can be substituted into an approved SIP withoutundertaking notice and commentrulemaking under §176(c)(8) ofthe Act. · The EPA reviewed the methodology and the material used by the NCTCOG to demonstrate equivalency betweenthe original and substitute TCMs. Based on ourreview ofthe information and analysis submitted by the NCTCOG, the EPA concurs withthe 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 consistentwith the TCM being replaced. This lettertransmits EPA's concurrence regarding the TCM substitution submitted by the NCTCOG. In reaching this decision, we have reviewed the technical information for the substituteTCM 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 postconsumer recycled material, chlorine-free-processed and recyclableThe substitute TCM is now part ofthe federally enforceable SIP. We anticipate thatthe TCEQ will submit the substitute TCM for incorporation inthe codified applicable SIP within 90 days as required by CAA §176(c)(8). The EPA will thenproceed to update the Code ofFederal Regulations to reflect the changes to the SIP inthe Federal Register and clarify that this TCM is a part 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,

_ ... I f.a I

cc: 

### Mr. Richard A.Hyde, P.E. Executive Director Texas Commission onEnvironmental Quality