Unless specifically defined in the TCAA or in the rules of the Texas
Natural Resource Conservation Commission (commission), the terms used by the
commission have the meanings commonly ascribed to them in the field of air
pollution control. In addition to the terms which are defined by the TCAA,
the following words and terms, when used in Subchapter G of this chapter (relating
to Transportation Planning), shall have the following meanings, unless the
context clearly indicates otherwise:
(1) Implementing agency - An entity, transportation provider,
organization, agency, or individual responsible for the design, procurement
of funds, construction, operation, maintenance, management, monitoring, and,
in conjunction with the metropolitan planning organization, compliance with
transportation control measures.
(2) Metropolitan Planning Organization - As defined under
the Intermodal Surface Transportation Efficiency Act, Title 23, §134.
(3) Transportation Control Measure (TCM) - Any measure
that is specifically identified and committed to in the applicable implementation
plan that is either one of the types listed in §7408 of the Federal Clean
Air Act, 42 United States Code, 1970, as amended, or any other measure for
the purpose of reducing emissions or concentrations of air pollutants from
transportation sources by reducing vehicle use or changing traffic flow or
congestion conditions. Notwithstanding the first sentence of this
definition, vehicle technology-based, fuel-based, or maintenance-based measures
which control the emissions from vehicles under fixed traffic conditions are
not TCMs for the purposes of this section.
Source Note: The provisions of this §114.5 adopted to be effective December 1, 1997, 22 TexReg 11388; amended to be effective May 28, 2000, 25 TexReg 4578