R-08-02-14-9B1 - 2/14/2008 RESOLUTION NO. R-08-02-14-9B 1
WHEREAS, the local governments within the Austin/Round Rock
Metropolitan Statistical Area, including the geographical counties of
Bastrop, Caldwell, Hays, Travis and Williamson, recognize that they
have periodically monitored high ozone values close to exceeding the
8-hour National Ambient Air Quality Standards (NAAQS) for ozone, and
may therefore be subject to nonattainment designation by the
Environmental Protection Agency (EPA) if high ozone values are
monitored in the future; and
WHEREAS, it is the City of Round Rock' s understanding that
long-term air quality will not improve without a concerted
emission-reduction effort; and
WHEREAS, EPA and the Texas Commission on Environmental Quality
(TCEQ) have approved the Guidance for 8-hour Ozone Flex Programs to
support and reward innovative, voluntary, local strategies to reduce
ground-level ozone, thereby improving air quality and helping areas
maintain attainment; and
WHEREAS, the Austin-Round Rock region is currently designated
in attainment of the 8-hour ozone NAAQS and 8-hour Ozone Flex Program
(8-03 Flex) Guidance Document allows' a region to enter into an 8-03
Flex Program prior to monitoring ozone in violation of the NAAQS; and
WHEREAS, the 8-03 Flex Program is an Interlocal Memorandum of
Agreement (MOA) which will continue local clean air plan commitments
undertaken in the Early Action Compact and include additional
commitments to maintain compliance with the ozone NAAQS through 2013 ;
and
0:\wdox\RESOLUTI\R80214B1.WPD/rmc
WHEREAS, should the region fail to meet any 8-03 Flex terms or
milestones, resulting in termination of the agreement, safeguards
allow emission reduction credit to be given for measures implemented
under the Program if the area is subsequently designated
nonattainment and is required to develop a nonattainment State
Implementation Plan; and
WHEREAS, such an agreement would achieve and maintain air
quality and public health benefits more quickly than delaying action
until a possible nonattainment designation is made in the future; Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
The Mayor is authorized to negotiate and execute an Interlocal
Memorandum of Agreement for entry into a voluntary 8-hour Ozone Flex
Program with other entities in the 5-county Austin/Round Rock
Metropolitan Statistical Area and the EPA and TCEQ to facilitate
continued compliance with the 8-hour ozone standard through 2013 .
BE IT FURTHER RESOLVED
The Mayor is authorized to evaluate air pollution control
priorities and strategies appropriate to the City/County and the
region, and to undertake public involvement and outreach efforts to
promote the 8-hour Ozone Flex Program and increase citizen awareness
of air quality issues.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
2
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 14th day of Februa 0
N
ATTEST: L, Mayor
i of Round Rock, Texas
SARA L. WHITE, City Secretary
3
Draft 8-Hour Ozone Flex Program Austin-Round Rock MSA
Chapter Four: Memorandum of Agreement
This Memorandum of Agreement(MOA) is between the local governments
representing Bastrop, Caldwell, Hays, Travis and Williamson Counties and the
cities of Austin, Bastrop, Elgin, Lockhart, Luling, Round Rock and San Marcos
(herein after referred to as the local governments), the Texas Commission on
Environmental Quality (TCEQ), and the United States Environmental Protection
Agency(EPA). The purpose of the MOA is to reduce ground-level ozone
concentrations in the Austin-Round Rock Metropolitan Statistical Area (MSA)
through adoption of an 8-hour 03 Flex program as described in this document.
The 8-hour 03 Flex program emphasizes local flexibility in selecting and
implementing emissions reduction measures. Given the varied emissions
contributions and socioeconomic characteristics of the entities in the MSA, not all
measures can or should be implemented by all entities. Rather, each entity will
implement the measures that work for its specific jurisdiction and, when added
together, work for the region as a whole. Note that certain measures (e.g.,
Regional Rideshare Program, Watch/Warning Ozone Alert System), would apply
region-wide.
4.1 General Provisions
The signatory parties commit to develop, implement and maintain this 8-
hour 03 Flex program according to applicable EPA guidelines and adhere
to all terms and conditions stated in the guidelines.
4.2 _EPA and TGEQ Responsibilities
4.2.9 Regulations that apply to an area would still apply under the 8-hour
03 Flex program. The 8-hour 03 Flex program does not shield an area
from being redesignated nonattainment.for the 8-hour ozone standard if
the area is in violation of that standard. Should a violation occur, EPA
would consider factors in section 9 Q7(d)(3)(A) of the Act. These include
"air quality data, planning and control considerations, or any other air
quality-related considerations the Administrator deems appropriate,"
including time to allow the implemented contingency measures to work.
.As long as the 8-hour 03 Flex program and control measures in its Action
Plan are being fully implemented, EPA would consider that circumstance
to exercising its discretion in making a decision to redesignate the area to
nonattainment.
4bEXHIBIT
11 ti
A
Draft 8-Hour Ozone Flex Program Austin-Round Rock MSA
4.2.2 The signatories' intent in entering into this MOA is to proactively
implement and sustain air quality improvement strategies that are tailored
to local conditions and are effective, practical and measurable in reducing
ground-level ozone concentrations.
4.2.3 EPA and TCEQ commit to informing the local governments of all
available options and flexibility, to the extent allowed by the Federal Clean
Air Act, in the event that the area, or any portion of the area, is determined
to be non-attainment for the 8-hour ozone standard for the duration of this
agreement.
4.2.4 EPA supports flexible approaches that account for the complex
nature of ozone formation and has provided State Implementation Plan
(SIP) credit for communities that adopt quantifiable measures for ozone
reduction pians that may be required in the future. EPA will, consistent
with the Federal Clean Air Act, allow the Austin-Round Rock MSA
appropriate SIP credit for strategies implemented under the terms of this
Agreement.
4.2.5 In the event of a violation of the 85 ppb standard, EPA and TCEQ
commit to adopting into the SIP one or more of the Tier 11 Contingency
Measures as selected by the local governments.
4.2.6 This MOA's terms do not abrogate any state or federal legal
requirement. The TCEQ and the FPA enter this Agreement solely for the
purpose of their responsibilities under Section 107(d)(3)(A) through (D) of
the Federal Clean Air Act.
4.3 Local Government Responsibilities
4.3.1 As specified by EPA guidelines, the 8-hour 03 Flex program
developed by the MSA contains sections describing the region's air quality
background; an action plan; implemented EAC measures; contingency
measures; coordination and public-participation process; schedules and
reporting; and an MOA with signature and date page. These sections and
associated appendices further define the commitments and actions of the
local governments and Participating entities.
4.3.2 The local interests may continue to-conduct photochemical
modeling to the extent that it informs and allows the area to better target
47
Draft 8-Hour Ozone Flex Program Austin-Round Rock MSA
contingency measures. However, there is no EPA requirement for
photochemical modeling in support of or as a condition of participation in
the 8-hour 03 Flex program_
4.3.3 The local governments will continue to develop and regularly update
area emissions inventories through CAPCOG. Note that, after
consultation with EPA, the base year 2002 will be used for emissions
inventories and for future emissions projections
4.3.4 The MSA is an EAC area. Therefore, in order to participate in the 8-
hour 03 Flex program, the area agrees to continue its existing EAC
requirements. Specifically, the MSA agrees to keep the "Maintenance for
Growth" requirement in place through 2012 as agreed to in the area's
Early Action Compact with TCEQ and EPA.
4.3.5 The local governments have detailed in an Action Plan the events
that will trigger a requirement to implement one or more contingency
measures and have specified when those measures will be implemented.
The local governments commit to revise or update these contingency
measures if state/tribal or federal laws change during the MOA period.
4.3.6 The local governments agree to implement one new, voluntary
emissions reduction measure within one year of the signing of the MOA.
4.4 Expected Memorandum of Agreement Duration
The signature date of this MOA is the start date of the agreement's term.
This agreement remains in effect until December 31, 2013.
4.5 Conditions for (Modification or Early Termination
This MOA may be modified or terminated by mutual consent of all
signatory parties.
4.5.1 Any signatory patty may withdraw from the MOA if provisions of the
agreement are not carried out by the other signatory parties. As a
voluntary program, the area can choose to end its participation at any
time.
4.5.2 Failure to abide by the terms of the MOA, should violation of the 8-
hour standard occur, could lead to redesignation as nonattainment for the
8-hour standard.
4.5.3 The signatory parties may review and modify this MOA as they
deem necessary.
48
Draft 8-Hour Ozone Flex Program Austin-Round Rock MSA
4.6 Signatures and Date
Executed in multiple copies by the signatory parties to this MOA. The
representatives of the signatory parties executing this MOA represent their
authority to sign the MOA and to bind the signatory party they represent to
the terms of this MOA.
49
ATTEST: CITY OF ROUND ROCK:
By:
Sara L. White, City Secretary Nyle Maxwell, Mayor
Date:
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
DATE: February 7, 2008
SUBJECT: City Council Meeting - February 14, 2008
ITEM: 9B1. Consider a resolution authorizing the Mayor to execute a Memorandum
of Agreement with the Counties of Williamson, Travis, Bastrop,
Caldwell, and Hays, the Cities of Austin, Bastrop, Elgin, Lockhart,
Luling, and San Marcos, the Texas Commission on Environmental
Quality and the Environmental Protection Agency regarding the 8-hour
Ozone Flex Plan agreement.
Department: Transportation Services
Staff Person: John Dean, Transportation Planner
Justification:
In an effort to voluntarily comply with the Federal Clean Air Act, this agreement would
commit the City to participate in the 8-hour Ozone Flex Plan. Through this agreement, the
City would continue to participate in the Transportation Emission Reduction Measures
(TERMs) previously agreed to in November 2001, and further commit to implement new
TERMs in the future if the region reaches specifically defined triggers. Participation in this
agreement will not shield the region from a non-attainment designation in the future;
however, participation would allow the TCEQ and the EPA latitude in designating the area as
non-attainment should we reach the threshold of 85 parts per billion (ppb) Ozone in the
future.
Funding:
Cost: 0.00
Source of funds: N/A
Outside Resources: N/A
Background Information:
In 2001, the City entered into a Memorandum of Agreement regarding Ozone emissions
with other parties in the region. Since that time, the EPA has adopted new rules for
measuring Ozone; measurements of more than 85 ppb Ozone exceed the Federal Clean Air
Act amounts and would qualify the area as a non-attainment region. Such a designation
would require compliance with numerous federal regulations. The Austin-Round Rock
Metropolitan Statistical Area is currently very near (83-84 ppb) to this non-attainment
threshold. Entering into this agreement would demonstrate a good-faith effort in
attempting to reduce our Ozone emissions - in return should we reach a non-attainment
status, the TCEQ and EPA can consider this effort while determining our attainment status.
Public Comment: N/A
MEMORANDUM
TO: Steve Sheets
FROM: J.Kay Gayle
RE: 8-Hour Ozone Flex Program MOA
DATE: January 14, 2007
---------------
This memorandum outlines background information and delineates the City's responsibilities upon
executing the attached Memorandum of Agreement(Exhibit"A").
Signatory Parties: Local governments of Counties of Williamson, Travis, Bastrop, Caldwell, Hays,
and Cities of Round Rock,Austin, Bastrop, Elgin, Lockhart, Luling, San Marcos;
and TCEQ and EPA
Background:
1. The Federal Clean Air Act regulates. For a number of years Texas has had areas of non-
attainment(of the national 8-hour ozone standard), and therefore is required to submit to EPA
a State Implementation Plan(SIP)outlining how it will come into compliance.
2. In 2001 the governing bodies of the five counties and seven cities of the region passed
resolutions of intent to pursue development of a voluntary ozone flex agreement, and then
with the Central Texas Clean Air Coalition and Capital Area Planning Council drafted an
overall program document and MOA for the councils/commissions to adopt. Round Rock
executed the MOA by council action on November 20, 2001, thereby entering into the
"Ozone Flex Agreement" attached hereto (Exhibit "B"). The agreement guaranteed that the
region would not be designated nonattainment for the 1-hour ozone standard for the term of
the agreement (until December 31, 2007) so long as the control measures listed were being
implemented.
3. Thereafter, EPA and TCEQ issued a guidance document allowing "early action compacts"
between local, state, and federal officials in areas that are in attainment of the 1-hour ozone
standard but approach exceeding the 8-hour ozone standard. The plans from early action
compacts are incorporated into the SIP, and involve proactively implementing voluntary
programs to assure continued attainment of the 8-hour standard rather than having to be
subject to onerous federal nonattainment processes.
4. On December 18, 2002 such an early action compact was entered into by all of the above-
listed signatories. It was initially referred to as the Austin-San Marcos Metropolitan
Statistical Area (MSA) Early Action Compact, and has subsequently changed names to the
Austin-Round Rock MSA EAC.
5. As the December 31, 2007 term expiration date neared for the "Ozone Flex Agreement,"
Austin Mayor Will Wynn/Central Texas Clean Air Coalition sent correspondence dated
December 201 2006 to EPA on behalf of the region's cities and counties. The correspondence
acted as notice of intent to participate in the 8-hour ozone flex program.
6. The MOA currently under consideration is such"8-Hour Ozone Flex Program Agreement".
00128407/jkg
Summary of Round Rock's Obligations under the MOA:
1. The City is required to continue to practice the emission reduction measures we committed to in
the previous Early Action Compact,through 2013:
(a) alternative fuel vehicles;
(b) business evaluation of fleet usage including operations and right sizing;
(c) cleaner diesel;
(d) commute solution programs including compressed work week, flexible work schedule,
and part-time teleworking;
(e) direct deposit;
(f) e-Government and/or available locations;
(g) vehicle fueling in evening;
(h) low emission vehicles;
(i) low VOC asphalt;
0) low VOC roadway striping material;
(k) open burning restrictions;
(1) ozone action day programs including employee education program, public education
program, ozone action day notification program, and ozone action day response program;
(m) resource conservation;
(n) transportation emission reduction measures (TERMs) including signal improvements at 3
intersections, construction of a new thru lane on Sam Bass Road at IH 35 frontage,
construction of one right turn lane and two left turn lanes on Sam Bass Road at Chisholm
Trail, and construction of 1.44 miles of sidewalks on CR 122/Red Bud Lane from US 79
to Gattis School Road;
(o) tree planting; and
(p) vehicle maintenance.
2. The City is required to continue to participate in emission reduction measures implemented
through state rules as part of the previous Early Action Compact:
(a) locally enforced idling limitations;
(b) vehicle emission inspection and maintenance;
(c) stage 1 vapor recovery;
(d) degreasing requirements;
(e) cut-back asphalt restrictions;
(f) low emission gas cans;
(g) Texas Emission Reduction Plan(TERP);
(h) lower power plant reductions;
(i) other state measures including California standards for non-road gasoline engines 2.5
horsepower or larger, NOx emission limits form small-scale residential and industrial
gas-fired heaters and small boilers,and low Reid Vapor Pressure gasoline; and
(j) other federal measures including area and non-road measures for gas engines and marine
recreational engine standards, and on-road measures such as tier 1 and tier 2 vehicle
standards, low-sulfur diesel standards, and National Low Emission Vehicle standards.
3. The City is required to continue to participate in the regional effort designed to collectively
evaluate and select additional measures as needed. There are defined triggers and if reached, the
regional group then determines the appropriate response. The triggers and response mechanism
are summarized in "Triggers and Response Options" (Exhibit "C"). Basically, we are
2
committed to (1)the region implementing"Maintenance for Growth Offset Measures" in 2010 to
account for expected emissions growth; (2)agreeing that the region will select and implement one
or more measures from the Tier I Contingency list if the region's design value reaches 84 parts
per billion of ozone; and (3) agreeing that the region will select and implement one or more
measures from the Tier II Contingency list if the region's design value reaches or exceeds 85
parts per billion.
4. Additionally, the City is required to participate with the region in collectively implementing at
least one new quantifiable emission reduction measure within one year of executing the MOA.
The region is using the new web-based rideshare program, River Cities Rideshare
(www.rcride.com), to satisfy this requirement. The program reduces drive-alone commutes in
and between Austin and San Antonio and throughout a 22-county region, and is already up and
running.
Major Benefits in Executing the MOA:
The 8-Hour Ozone Flex Program does not shield an area from being designated nonattainment.
However, should a violation occur while the City is in the Program, EPA is allowed to discretionarily
consider that to allow more time for implemented contingency measures to work. In the body of the
MOA itself, Section 4.2.1 reads, "As long as the 8-hour ozone flex program and control measures in its
Action Plan are being fully implemented, EPA would consider that circumstance in exercising its
discretion in making a decision to redesignate the area to nonattainment."
Additionally, EPA provides State Implementation Plan (SIP) credit for communities that adopt
quantifiable measures for ozone reduction plans that may be required in the future. In the body of the
MOA itself, Section 4.2.4 reads, "EPA will, consistent with the Federal Clean Air Act, allow the Austin-
Round Rock MSA appropriate SIP credit for strategies implemented under the terms of this Agreement.
3
EXHIBIT "A"
Draft 8-Hour Ozone Flex Program Austin-Round Rock MSA
Chapter Four: Memorandum of Agreement
This Memorandum of Agreement(MOA) is between the local governments
representing Bastrop, Caldwell, Hays, Travis and Williamson Counties and the
cities of Austin, Bastrop, Elgin, Lockhart, Luling, Round Rock and San Marcos
(herein after referred to as the local governments), the Texas Commission on
Environmental Quality (TCEQ), and the United States Environmental Protection
Agency(EPA). The purpose of the MOA is to reduce ground-level ozone
concentrations in the Austin-Round Rock Metropolitan Statistical Area (MSA)
through adoption of an 8-hour 03 Flex program as described in this document.
The 8-hour 03 Flex program emphasizes local flexibility in selecting and
implementing emissions reduction measures. Given the varied emissions
contributions and socioeconomic characteristics of the entities in the MSA, not all
measures can or should be implemented by all entities. Rather, each entity will
implement the measures that work for its specific Jurisdiction and, when added
together, work for the region as a whole. Note that certain measures (e.g.,
Regional Rideshare Program, Watch/Warning Ozone Alert System), would apply
region-wide.
4.1 General Provisions
The signatory parties commit to develop, implement and maintain this 8-
hour 03 Flex program according to applicable EPA guidelines and adhere
to all terms and conditions stated in the guidelines.
4.2 .EPA and TGEQ Responsibilities
4.2.1 Regulations that apply to an area would still apply under the 8-hour
03 Flex program. The 8-hour 03 Flex program does not shield an area
from being redesignated nonattainment.for the 8-hour ozone standard if
the area is in violation of that standard. Should a violation occur, EPA
would consider factors in section 1 Q7(d)(3)(A) of the Act. These include
"air quality data, planning and control considerations, or any other air
quality-related considerations the Administrator deems appropriate,"
including time to allow the implemented contingency measures to work.
.As long as the 8-hour 03 Flex program and control measures in its Action
Plan are being fully implemented, EPA would consider that circumstance
in exercising its discretion in making a decision to redesignate the area to
nonattainment.
46
Draft 8-Hour Ozone Flex Program Austin-Round Rock MSA
4.2.2 The signatories' intent in entering into this MOA is to proactively
implement and sustain air quality improvement strategies that are tailored
to local conditions and are effective, practical and measurable in reducing
ground-level ozone concentrations.
4.2.3 EPA and TCEQ commit to informing the local governments of all
available options and flexibility, to the extent allowed by the Federal Clean
Air Act, in the event that the area, or any portion of the area, is determined
to be non-attainment for the 8-hour ozone standard for the duration of this
agreement.
4.2.4 EPA supports flexible approaches that account for the complex
nature of ozone formation and has provided State Implementation Plan
(SIP) credit for communities that adopt quantifiable measures for ozone
reduction plans that may be required in the future. EPA will, consistent
with the Federal Clean Air Act, allow the Austin-Round Rock MSA
appropriate SIP credit for strategies implemented under the terms of this
Agreement.
4.2.5 In the event of a violation of the 85 ppb standard, EPA and TCEQ
commit to adopting into the SIP one or more of the Tier 11 Contingency
Measures as selected by the local governments.
4.2.6 This MOA's terms do not abrogate any state or federal legal
requirement. The TCEQ and the EPA enter this Agreement solely for the
purpose of their responsibilities under Section 107(d)(3)(A) through (D) of
the Federal Clean Air Act.
4.3 Local Government Responsibilities
4.3.1 As specified by EPA guidelines, the 8-hour 03 Flex program
developed by the MSA contains sections describing the region's air quality
background; an action plan; implemented EAC measures; contingency
measures; coordination and public.participation process; schedules and
reporting; and an MOA with signature and date page. These sections and
associated appendices further define the commitments and actions of the
local governments and participating entities.
4.3.2 The local interests may continue to-conduct photochemical
modeling to the extent that it informs and allows the area to better target
47
Draft 8-Hour Ozone Flex Program Austin-Round Rock MSA
contingency measures. However, there is no EPA requirement for
photochemical modeling in support of or as a condition of participation in
the 8-hour 03 Flex program.
4.3.3 The local governments will continue to develop and regularly update
area emissions inventories through CAPCOG. Note that, after
consultation with EPA, the base year 2002 will be used for emissions
inventories and for future emissions projections
4.3.4 The MSA is an EAC area. Therefore, in order to participate in the 8-
hour 03 Flex program, the area agrees to continue its existing EAC
requirements. Specifically, the IMSA agrees to keep the "Maintenance for
Growth" requirement in place through 2012 as agreed to in the area's
Early Action Compact with TCEQ and EPA.
4.3.5 The local governments have detailed in an Action Plan the events
that will trigger a requirement to implement one or more contingency
measures and have specified when those measures will be implemented.
The local governments commit to revise or update these contingency
measures if state/tribal or federal laws change during the MOA period.
4.3.6 The local governments agree to implement one new, voluntary
emissions reduction measure within one year of the signing of the MOA.
4.4 Expected Memorandum of Agreement Duration
The signature date of this MOA is the start date of the agreement's term.
This agreement remains in effect until December 31, 2013.
4.5 Conditions for Modification or Early Termination
This MOA may be modified or terminated by mutual consent of all
signatory parties.
4.5.1 Any signatory party may withdraw from the MOA if provisions of the
agreement are not carried out by the other signatory parties. As a
voluntary program, the area can choose to end its participation at any
time.
4.5.2 Failure to abide by the terms of the MOA, should violation of the 8-
hour standard occur, could lead to redesignation as nonattainment for the
8-hour standard.
4.5.3 The signatory parties may review and modify this MOA as they
deem necessary.
48
Draft 8-Hour Ozone Flex Program Austin-Round Rock MSA
4.6 Signatures and Date
Executed in multiple copies by the signatory parties to this MOA. The
representatives of the signatory parties executing this MOA represent their
authority to sign the MOA and to bind the signatory party they represent to
the terms of this MOA.
49
ATTEST: CITYC.� R
'
By:
7
Sara L. White, City Secretary a ell, May- !or
Date:
AP4WVED AS T FORM:
Step L. Sheets, City Attorney
EXHIBIT"B"
DRAFT
October 2, 2001
8.0 AustinISan Marcos Metropolitan Statistical Area Memorandum of
Agreement
This Memorandum of Agreement(MOA) is between the local governments representing
Bastrop, Caldwell,flays, Travis and Williamson counties and the cites of Austin,Bastrop,
Elgin,,Lockhart,Luling,Round Rock and San Marcos(herein after referred to as the local
governments)the Texas Natural Resource Conservation Commission(TNRCC) and the
United States Environmental Protection Agency(EPA)for the purpose of reducing
ground-level ozone concentrations in the Austin/San Marcos Metropolitan Statistical Area
(A/SM MSA)using locally selected control measures that account for the unique
character of the region and accommodate the region's social and economic needs.
This agreement emphasizes local flexibility in selecting and implementing emissions
reduction measures. Given the varied emissions contributions and socioeconomic
characteristics of the entities in the A/SM MSA, not aff measures can or should be
implemented by all entities. Rather,each entity will implement the measures that work for
its specific jurisdiction and, when added together, work for the region as a whole_
1. General Provisions
A. The signatory parties conunit to develop, implement and maintain the 03 Flex
Agreement according to EPA 03 Flex Guidelines issued June 211,2001 and
adhere to all terms and conditions stated in the guidelines. See Appendix F for
EPA 03Flex Guidelines.
II. EPA and TNRCC Responsibilities
A. The EPA 03 Flex Guidelines state that"by developing, signing and
maintaining such an agreement, a specific area would remain designated attainment
for the 1-hour ozone standard for a limited period of years, as long as the control
measures in the agreement are being implemented". Therefore,_the 1PA and
TNRCC will not designate the A/SM MSA nonattainment for the 1-hour ozone
standard for the duration of this agreement, even if a violation occurs, as long as
the control strategies are being implemented.
B. The signatories'intent in entering into the 03 Flex Agreement is to proactively
implement and sustain air quality improvement strategies that are tailored to local
conditions and are effective,practical and measurable in reducing ground-level
ozone concentrations. The Agreement should in no way be construed as a strategy
to avoid or to defer a nonattainment designation under the 8-hour ozone standard.
However, signatories urge EPA to adopt a policy of quickly restoring attainment
50
DRAFT
October 2, 2001
status to areas that come into expedited compliance with the 8-hour standard as a
result of an 03 Flex Agreement.
C. The EPA 03 Flex Guidelines also indicate that In developing an
implementation plan for the 8-hour NAAQS, EPA intends to propose streamlined
requirements for areas that have chosen on a voluntary basis to implement
measures to reduce ozone levels)such as those areas that enter into 03Flex
Memoranda of Agreement(MOA)"and further states that"EPA plans to provide
implementation options that recognize the efforts of areas that voluntarily achieve
near-term emission reductions". Therefore,EPA and TNRCC commit to
informing the A/SM MSA of all available options and flexibilities, to the extent
allowed by the Federal Clean Air Act, in the event that the area, or any portion of
the area, is determined to be nonattainment for the 8-hour ozone standard for the
duration of this agreement.
D. Attachment B of the EPA 03 Flex Guidelines indicates that `EPA will allow
these elective emission reductions to be credited for any future SIP that may be
required". Accordingly, EPA and TNRCC will allow the A/SM MSA SIP credit
for strategies implemented under the A/SM MSA 03 Flex Agreement.
III. Local Government Responsibilities
A. As specified in the EPA 03 Flex Guidelines,the 03 FIex Agreement developed
by the A/SM MSA contains an executive summary and sections describing the
region's background,action plan,other potential measures, contingency
measures, coordination and public participation process, schedules and
reporting mechanism. These sections and associated appendices further define
the local governments and participating entities commitments and actions.
B. The local governments will continue to conduct air dispersion modeling and
design through the Capital Area Planning Council(CAPCO),the regional
Council of Government(COG).
C. The local governments will continue to develop and regularly update area
emissions inventories through CAPCO.
D. The local governments will implement contingency measure(s)that will be
effective if a violation of the 1-hour ozone standard occurs.
1. The contingency measure(s)will be selected from those listed by the
local governments within 60 days of the date of violation.
2. The selected contingency measure(s)will be implemented within one
year of the date of violation.
51
DRAFT
October 21, 2001
IV. Expected Agreement Duration
A. The signature date of the A/SM MSA 03 Flex MOA is the start date of the
agreement's term. The agreement remains in effect until December 3I,2007
and may be extended by agreement of the signatory parties.
V. Conditions for Modification or Early Termination
A. This agreement may be modified or terminated by mutual consent of all
signatory parties.
B. Any signatory party may withdraw from the agreement if provisions of the
agreement are not carried out by the other signatory parties.
C. This agreement may be modified at any time. It may also serve as the basis for
further negotiations as needed to meet the Clean Air Act requirements under
the 8-hour standard.
VI. Additional Terms of This Agreement
A. This MOA creates no cause of action against any party beyond those, if any,
that may already exist under state or federal Iaw. In addition, all parties agree
that this MOA cannot be used against one another or by a third party as an
enforceable order in any court proceedings. This MOA will be reviewed and
modified as needed.
B. The City of Austin electric utility will meet its compliance requirements under
Senate Bill 7 and the TNRCC 117 NOx rules. In addition, the City of Austin
will exceed those caps with additional emissions reductions which will be sold
-._to other regions as allowed bylaw..
C. Additional signatories can be added at:any time.
52
DRAFT
October 2, 2001
Executed in multiple copies by the signatory parties to this Memorandum of Agreement_
The representatives of the signatory parties executing this Agreement represent their
authority to sign the Agreement and to bind the signatory party they represent to the terms
of this Agreement.
The Honorable Sam Biscoe The Honorable Kirk Watson
Travis County Judge Mayor,City of Austin
The Honorable John C_Doerfler The Honorable Robert Stluka
Williamson County Judge Mayor, City of Round Rock
The Honorable Ronnie McDonald The Honorable Tom Scott
Bastrop County Judge Mayor,City of Bastrop
-- -`�'he-o Drab nc Ca�=lson The Honorable Jlm Powers
Mayor,City of Elgin Hays County Judge
The Honorable David Chiu
Mayors City of San Marcos
53
DRAFT
October 2, 2001
The Honorable H.T. Wright The Honorable Ray Sanders
Caldwell County Judge Mayor, City of Lockhart
The Honorable Mike Hendricks Gregg Cooke
Mayor, City of Luling Administrator,Region 6,
U.S. Environmental Protection
Agency
Robert J. Huston The Honorable George Byars
Chairman', Chairman,
Texas Natural Resource Capital Area Planning Council
Conservation Commission Board of Directors
54
DRAFT
f October 2, 2001
App&dix A-Descriptions of Participating Groups and Agencies
Appendix B -Emissions Inventory Summary
Appendix C-Environ Draft Final Report
Appendix D-Transportation Emission Reduction Measures
Appendix F-Phase I Control Measure Commitments
Appendix F-EPA 03 Flex Guidelines
55
EXHIBIT"C"
Trig ers and Response Options
Proposed Central Texas 8-hour Ozone Flex Program(2008-2013)
TRIGGER LEVEL Implement one a more of the following MEASURE(S) IMPLEMENTATION'
PERIOD
Signing of 8- Selected Primary Continue EAC S111-Level and Voluntary Emission Ongoing,200:1--2013
Hour 03 Flex Emission Reduction Reduction Measures
MOA Measure~ Continuation of analysis of measures'of eetiveness and Ongoing.2008--2013
emissions growth
Continuation of arca-wide programs such as Commute
Solutions,Clean Cities,Clean School Bus
Renewal of Idling MOA Phar it)2t10$ozone season
Signing of 8- Primary Emission Apply for TERP funding(as available) Within 24 months
Hour 03 Flex Reduction TERMS Within I yu'ir ur as scheduled
MOA Measure(s) Regional RideShare Program Within I year
Invite 5 ur morr additions!cities to join CAC&bmaine 8- Within I year
hour 03 Flex Program signatories
Request TCL-Q implement Watch/Warning ozone alert As appnrptiate
system
Implement AirCheck Texas Local Initiative Projects with As appropriate
LIRAP funds
Pave unpaved roads As appropriate
Other measures identified and mutually agreed upon Within I year
'=7ari iy 1 Q]Q' Maintenance for A !v forTERP funding(as available) g December 3I,2010
Growth Offset Invite all nonparticipating cities in MSA with populations a By December 31,2010
I OK to join CAC&become 8-hour 03 Flex Program
Measures
�^ ^
!Z4 .r� signaturics
:sea-'-.psi'?-';=�'•�.-�'.°:=iii•:.:"'_:'
T!,
:•.::: ;:,,.,,,;_ TERMS By December 3 1.201 U
s'r Other measures identified and mutually agreed upon As appropriate
T s s w EnM-y efficiency and conservation programs By December 31,2010
OP
iNd
$4 b'.0
h6-". Tier 1 Contingency Apply for TERP funding(as available) Within 24 months
Des[gt Vette Measure(s) TERMS Within 24 months
Invite additional cities to join idling MOU Within 24 months
VMEP:Upgrade Regional RideShare Program&:Clean Air Within 24 Months of 84 ppb
' Partner Pro Frim DV
Other measures identified and mutually agreed upon As appropriate
Voluntary use of NOx emissions-reducing additive to arca Within 24 Months of 84 ppb
=z
fleets,school district busts,and/or non-road vehicles Dv
r Ter 11 Contingency Tier I Contingency Measures not already implemented Within 24 months of violation
4 t Measure(s)
- -
At the request of the county-and. _principal city,expand.. Within 24 months of violation.. _
e r Inspection&Maintenance Program to Bastrop,Caldwell
widlor Hays counties.
Request upgrade of I&M Program to include additional Within 24 months of violation
remote sensing&inclusion of diesel testing
TERMS Within 24 months of violation
Other measures identified and mutually agreed upon Within 24 months of violation