Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998 Page: 4,014
3957-4141 p. ; 28 cm.View a full description of this periodical.
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of inter- changes, or changing between free and toll facilities. When
a significant change in the design and scope of a project is proposed,
the MPO shall document the rationale for the change and give the
affected agencies specified in paragraph (1)(A) of this subsection a
30-day opportunity to comment on their rationale. The MPO shall
consider the views of each agency that comments, and respond in
writing before [prior to] any final action on these issues. If the
MPO receives no comments within 30 days, the MPO may assume
concurrence by the agencies specified in paragraph (1)(A) of this
subsection;
(v) include in the TIP a list of projects exempted
from the requirements of a conformity determination under 40 CFR,
Part 93, 93.126 and 93.127 [Part S, 51-4t60 and *51-462]. The
MPO shall consult with the affected agencies specified in paragraph
(1)(A) of this subsection in determining if a project on the list has
potentially adverse emissions for any reason, including whether or not
the exempt project will interfere with implementation of an adopted
transportation control measure (TCM). The MPO shall respond in
writing to all comments within 30 days on final MTP and TIP
documents. In addition, if [If] no comments are received as part
of the subsequent public involvement process for the TIP, the MPO
may proceed with implementation of the exempt project;
(vi) notify the affected agencies specified in para-
graph (1)(A) of this subsection in writing of any MTP or TIP revisions
or amendments which add or delete the exempt projects identified in
40 CFR, 93.126 [51.460];
(vii) as required by 40 CFR, 93.116, and 93.123
[51.424 and 54 54 of the finat EPA transportation "eonfo"mt
nlue],and in cooperation with TxDOT, make a preliminary identi-
fication of those projects located at sites in PM o nonattainment and
maintenance areas that require quantitative PMo Hot Spot analyses.
After these projects have been identified, the MPO shall submit a
list of these projects and sufficient data to the agencies specified in
paragraph (1)(A) of this subsection for review and comment;
(viii)- (ix) (No change.)
(x) [under 1144270 of this title (relating to Trans-
poration Centrol Measures),] ensure [the] timely TCM implemen-
tation [of TCMs] and report [to the commission annually] on the
implementation and emissions reductions status of adopted TCMs
annually to the commission. [If alternative TCMs or other reduction
measures are deemed necessary and these are not already included
in the SI~ the MPO shall develop new TCMs with eqalt or greater
emission reduetions eensistent with the MT TR P and eenfer--
mity requirements, putsuant to 11 .427 O() of this title Any changes
in TCMs wil be eeeoordinated with the affected ageneie specified in
.paragraph (1)(A) of this subsetion]
(xi)- (xii) (No change.)
(B) the commission, as the lead air quality planning
agency, shall work in consultation with the agencies specified
in paragraph (1)(A) of this subsection in developing applicable
transportation-related SIP revisions, air quality modeling, general
emissions analysis, emissions inventory, and all related activities.
Specifically, the commission shall:
(i) (No change.)
(ii) schedule public hearings in order to gather
public input on the applicable transportation-related SIP revisions and
notify the agencies specified in paragraph (1)(B) of this subsection
of the hearings according to 40 CFR, 93.105 [h5a2.;
(iii) (No change.)(iv) after consultation with the MPO regarding
TCMs [ tnder 11 .4270() of this title], distribute to all agencies
specified in paragraph (1)(B) of this subsection and other interested
persons the list of TCMs proposed for inclusion in the SIP. In
consultation with the agencies specified in paragraph (1)(A) of this
subsection, the commission shall determine whether past obstacles
to implementation of TCMs have been identified and are being
overcome, and determine whether the MPOs and the implementing
agencies are giving maximum priority to approval or funding for
TCMs. Also, the commission shall consider, in consultation with the
affected agencies, whether delays in TCM implementation necessitate
a SIP revision to remove TCMs or to substitute TCMs or other
emission reduction measures.
(v) consult with the applicable agencies specified in
paragraph (1)(A) of this subsection, in order to cooperatively choose
conformity tests and methodologies for isolated rural nonattainment
and maintenance areas, as required by 40 CFR, 93.109(g)(2)(iii).
(3) General procedures.
(A) - (B) (No change.)
(C) For the purposes of evaluating and choosing a
model (or models) and associated methods and assumptions to be used
in Hot-Spot and Regional Emissions Analyses, agencies specified in
paragraph (1)(A) of this subsection shall participate in a working
group identified as the Technical Working Group for Mobile Source
Emissions (TWG). The frequency of meetings and agendas for the
group will be cooperatively determined by the agencies specified in
paragraph (1)(A) of this subsection. [the mission shall establish
a working grop-, identif ied as the Trainpotation n Air Quality
Technical (TAQT) Technical Working Group (TWG). The TAQT
Working Group shall include the agencies specified in paragraph
(1)(A) of this subsection. The frequency of meetings and agendas
for them will be determined by the commission in cooperation with
the agencies specified in paragraph (1)(A) of this subsection.] The
function of this working group may be delegated to an existing group
with similar composition and purpose.
(D) The commission, affected MPOs, affected local
air quality agencies, and TxDOT shall cooperatively evaluate events
which will trigger the need for new conformity determinations. New
conformity determinations may be triggered by events established in
40 CFR, 93.104 [51-400] as well as other events, including emer-
gency relief projects that require substantial functional, locational,
and capacity changes, or in the event of any other unforeseeable cir-
cumstances.
(E) The MPO and its governing body, or TxDOT if
applicable, shall make conformity determinations for all MTPs, TIPs,
regionally significant projects, and all other events as required by 40
CFR, Part 93, Subpart A and this section. Upon completion of the
transportation conformity determination review process, FHWA and
FTA will issue a joint conformity finding, indicating the transportation
conformity status of the document(s) under review. The document(s)
transportation conformity status is effective on the date of the joint
conformity finding.
(4) Conflict resolution.
(A) The commission and the MPO (or TxDOT where
appropriate) shall make a good-faith effort to address the major
concerns of the other party in the event they are unable to reach
agreement on the conformity determination of a proposed MTP or
TIP. The efforts shall include meetings of the agency executive
directors, if necessary.23 TexReg 4014 April 24, 1998 Texas Register
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Texas. Secretary of State. Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998, periodical, April 24, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113836/m1/60/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.