1. (a) The metropolitan planning organization (MPO) for any designated nonattainment area shall be responsible for the identification, evaluation, coordination, tracking, and periodic revision, as necessary, of transportation control measures (TCMs) required for inclusion in the Texas State Implementation Plan (SIP) adopted by the Texas Natural Resource Conservation Commission (commission). The MPO shall obtain and submit to the commission the necessary commitments from applicable implementing agencies and shall ensure adequate, timely funding of such projects through the development, management, and annual revision of the Transportation Improvement Program (TIP) and, through the long-range transportation plan, ensuring conformity of the regional transportation network with the SIP. Such implementing agency commitments shall include, but not be limited to, the following information:

   1. (1) a complete description of the program of measures and estimated emission reduction benefits from the program of measures adopted;
   2. (2) evidence that the measure was properly adopted by a jurisdiction with legal authority to commit to and execute the program of measures;
   3. (3) evidence that funding has been, or will be, obligated to implement the measure;
   4. (4) evidence that all necessary funding approvals have been obtained from all appropriate implementing agencies, including the Texas Department of Transportation (TxDOT), if applicable; and all parties intend to implement specific control measures upon final environmental clearance. Programming within the TIP will serve as sufficient evidence of commitment;
   5. (5) evidence that a complete schedule to plan, adopt, fund, implement, monitor, and ensure compliance with the TCM has been adopted by the implementing agencies; and
   6. (6) a description of the monitoring program to assess the measure's effectiveness and to allow for necessary in-place corrections or alterations.

2. (b) MPOs required to comply with the provisions of this rule include the:

   1. (1) El Paso MPO for the El Paso Urban Transportation Study--responsible for the El Paso nonattainment areas, as defined in §101.1 of this title (relating to Definitions);
   2. (2) Houston-Galveston Area Council--responsible for the Houston/Galveston nonattainment area, as defined in §101.1 of this title;
   3. (3) North Central Texas Council of Governments--responsible for the Dallas/Fort Worth nonattainment area, as defined in §101.1 of this title; and
   4. (4) Southeast Texas Regional Planning Commission--responsible for the Beaumont/Port Arthur nonattainment area, as defined in §101.1 of this title.

3. (c) The responsible MPO shall obtain information from implementing agencies responsible for TCMs included in the SIP; shall maintain complete and accurate records for at least five years; and shall make such records available to representatives of the commission, the EPA, the Federal Highway Administration, the Federal Transit Administration, the TxDOT, and local air pollution agencies having jurisdiction in the area, upon request. The information in the records shall be sufficient to accurately reflect the effectiveness of the TCM program and shall include, but not be limited to, the following:

   1. (1) the annual status of the implementation of the program of TCMs and the categories of TCMs, including quantifying progress based on the measurable criteria established in implementing agency commitments;
   2. (2) an annual estimate of the funding and other resources expended toward implementing the program of TCMs and a comparison of the actual and projected expenditures;
   3. (3) an annual estimate of the emission reductions achieved from implementation of the program of TCMs and a comparison of actual and projected reductions; and
   4. (4) any modifications to the program of TCMs since the last annual report and/or projected in the next reporting period to compensate for a short-fall in the implementation of the program of TCMs or in the associated emission reductions.

4. (d) If information regarding the status of the program of TCMs in the SIP indicates that any TCM included in the SIP has not been adequately implemented in accordance with the projected schedule, the responsible MPO shall within the next 12 months after TIP approval by the MPO or regional transportation policy body:

   1. (1) ensure that the responsible implementing agencies have instituted supplemental efforts as necessary to demonstrate compliance with commitments, future TCM milestones, or goals;
   2. (2) develop, submit, and initiate an alternative TCM in coordination with the same or other responsible implementing agencies, which, as part of the program of TCMs in the SIP, demonstrates at least an equivalent emission reduction, in the same time frame, to the existing program;
   3. (3) initiate a revision the TIP as necessary, but no more frequently than annually, to ensure that sufficient funding and authorization has been provided to correct the deficiency; and
   4. (4) submit to the commission new or modified TCMs as proposed SIP revisions if the alternative TCMs are not within the same category, or if required emission reductions cannot be met with the planned alternative TCMs.

5. (e) If the commission makes a determination that the process described in subsection (d) of this section has not resolved the identified deficiency, or that an egregious or knowing failure to comply with the TCM commitments included in the SIP has occurred, the MPO:

   1. (1) shall amend the TIP to facilitate the expeditious implementation of contingency measures previously identified by the MPO and approved by the commission; and
   2. (2) shall withhold all or part of the funding for non-TCM projects from the applicable implementing agency.
6. (f) The commission shall seek a financial penalty against the MPO or an implementing agency only in the case of an egregious or knowing violation of the provisions of this section.

Source Note:The provisions of this §114.270 adopted to be effective December 1, 1997, 22 TexReg 11388.