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.30 Tex. Admin. Code § 114.5
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