R-08-06-12-10E3 - 6/12/2008RESOLUTION NO. R -08-06-12-10E3
WHEREAS, the City of Round Rock has previously entered into an
Early Action Compact Agreement ("Agreement") with the U.S.
Environmental Protection Agency (EPA) and the Texas Commission on
Environmental Quality (TCEQ) in order to proactively and effectively
address the region's air quality issues, and
WHEREAS, the City of Round Rock has, with other communities in
the region, developed and approved the Clean Air Action Plan that
consists of numerous state and locally -implemented measures to
improve the area's air quality, and
WHEREAS, the City of Round Rock is committed to implement the
measures in the Clean Air Action Plan per Early Action Compact
requirements, and
WHEREAS, the TCEQ has incorporated the Clean Air Action Plan
into the State Implementation Plan ("SIP"), making the measures in
the Clean Air Action Plan state and federally enforceable, and
WHEREAS, one of the measures included in the Clean Air Action
Plan and the SIP is the state rule for locally enforced motor
vehicle idling limitations, and
WHEREAS, implementation of the state rule for locally enforced
motor vehicle idling limitations requires local governments to enter
into a Memorandum of Agreement (MOA) with TCEQ for local
implementation and enforcement of the rule, and
WHEREAS, implementation of the state rule for locally enforced
motor vehicle idling limitations also requires local governments to
submit a detailed implementation plan to TCEQ, Now Therefore
0:\WDOX\RESOLUTI\R80612E3.DOC/rmc
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS THAT,
1. The City of Round Rock hereby approves the Memorandum of
Agreement and the Implementation Plan for the Texas Heavy -Duty
Vehicle Idling Rule, attached hereto as Exhibits "A" and "B",
respectively, and incorporated herein for all purposes.
2. The Mayor is hereby authorized and directed to execute on
behalf of the City the Memorandum of Agreement, a copy of same being
attached hereto as Exhibit "A" and incorporated herein for all
purposes.
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
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 12th day of June, 20
ATTEST:
SARA L. WHITE, City Secretary
2
ALAN`NICGRAW, Mayor
City of Round Rock, Texas
EXHIBIT
nAn
Implementation Plan ā Phase 1
Through October 31, 2005
Phase 1 is the initial public and stakeholder information campaign
Phase 1 will be conducted by local EAC signatories, the EAC Task Force,
CLEAN AIR Force, Clean Air Partners, Clean Cities and other interested parties.
Phase 1 Activities
Local EAC signatories adopt resolutions authorizing/approving MOA and
implementation plan. If the local government will be enforcing under section
7.351 of the Texas Water Code, it must also adopt a resolution consistent with
section 7.352 of the Texas Water Code. This will allow the local government to
exercise the enforcement power authorized by Chapter 7, Subchapter H of the
Texas Water Code.
Press conference - MOA signing ceremony and implementation plan kick-off
(announce hot-lines and information sites, anti -idling sign promotion and
information)
CLEAN Air Force and/or CAPCOG activates telephone and web hot-line
Local EAC signatories may also activate hotlines
Informational brochures distributed to Phase 1 parties and high -idle locations
Web -site materials distributed to Phase 1 parties
The City of Austin will make idling restriction sign design available at no charge
and signs at cost to requesting parties
CAPCOG and local governments develop training materials for enforcement
training programs
Local EAC signatories respond to complaints with an informational warning
Implementation Plan - Phase 2
November 1, 2005 through October 31, 2007
Phase 2 distinguishes between activities applicable April 1 ā October 31,
when idling restrictions are in place, and the activities that continue from
November 1 ā March 31 when idling restrictions are not applicable, per 30
TAC Chapter 114.
Phase 2 Activities
Nov 1, 2005 to March 31, 2006 (information only)
Activities in this time period include continuing the outreach begun in Phase 1
and adding additional outreach activities. Activities will be conducted by local
EAC signatories, the EAC Task Force, CLEAN AIR Force, Clean Air Partners,
Executed
Document
Follows
MOA0800002
MEMORANDUM OF AGREEMENT
I. Parties
This Memorandum of Agreement (MOA) ("Agreement") is entered into between the
Texas Commission on Environmental Quality ("TCEQ") and the local governments signing this
agreement (Local Governments), collectively, the "Parties."
1. The Parties represent that they have the authority to enter into this MOA,
including the authority granted in the Texas Government Code Chapter 791 Interlocal
Cooperation Contracts.
2. The TCEQ has authority under Section 5.229 of the Texas Water Code and
Section 382.033 of the Texas Health and Safety Code to enter into this MOA.
3. Local Governments have authority under Section 382.115 of the Texas Health and
Safety Code to enter into this MOA.
H. Intent and Purpose
The intent of this Agreement is to memorialize both the renewal of the agreement
between the original Parties (TCEQ and the Local Early Action Compact (EAC) Signatories) and
to acknowledge new Local Governments to the agreement to implement the following rules
aimed at the control of air pollution from motor vehicles: 30 Texas Administrative Code
("TAC") Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operation
Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations,
Sections 114.510 - 114.512 and 114.517.
The Parties, TCEQ, Local EAC Signatories and any new Local Governments, enter into
this Agreement for the purpose of renewing or ratifying, as applicable, the agreement delegating
rule enforcement from TCEQ to the Local Governments and incorporating the emission
reductions resulting from the implementation and enforcement of the above -referenced rules into
the State Implementation Plan ("SIP").
III. Definitions
As used in this Agreement the following terms have the meanings given below:
1. "EPA" shall mean the U.S. Environmental Protection Agency.
2. "TCEQ" shall mean the Texas Commission on Environmental Quality.
3. "Local Government" has the meaning assigned by 30 TAC Section 114.510.
IZ-o8 O4 -t2. -t '3
1
MOA0800002
4. "EAC" means Early Action Compact.
5. "Local EAC Signatories" means the Local Governments that are signatories to the
Austin -Round Rock (previously Austin -San Marcos) MSA Memorandum of
Agreement with TCEQ and EPA, signed December 18, 2002. These Local
Governments are Bastrop, Caldwell, Hays, Travis, and Williamson Counties and
the cities of Austin, Bastrop, Elgin, Lockhart, Luling, Round Rock, and San
Marcos.
6. "SIP" shall refer to the Texas State Implementation Plan.
IV. Background
1. Under Section 110 of the Federal Clean Air Act ("FCAA"), 42 U.S.C. § 7410,
each state that has a nonattainment area must submit a SIP to the EPA demonstrating strategies
to come into compliance with the National Ambient Air Quality Standards ("NAAQS").
2. Section 110 of the FCAA, 42 U.S.C. § 7410 also requires Texas to submit to the
EPA for approval any SIP revisions and to demonstrate that such SIP revisions will not interfere
with any applicable requirement concerning attainment and reasonable further progress or any
other requirement of the FCAA, as required by § 110(1) of the FCAA.
3. On June 19, 2002, the EPA approved the Protocol for Early Action Compacts
Designed to Achieve and Maintain the 8 -Hour Ozone Standard, a guidance document developed
in coordination with TCEQ that addresses EAC development, implementation and commitments
of signatory parties. The EAC concerns attainment of the national eight-hour ozone standard.
Early voluntary eight-hour air quality plans can be developed through a Compact between Local,
State, and the EPA officials for areas that are in attainment of the one-hour ozone standard but
approach or monitor exceedances of the eight-hour standard. Early action plans are incorporated
into the SIP.
4. On December 18, 2002, the TCEQ, the EPA, and the Local EAC Signatories
entered into the Austin -San Marcos MSA Early Action Compact.
5. On March 29, 2004, the Local EAC Signatories submitted an eight-hour air
quality plan to TCEQ and EPA in accordance with the EPA EAC Protocol. The plan contains
commitments for numerous locally implemented emission reduction measures as well as several
state -assisted measures, including the state heavy duty vehicle idling restrictions, to be
implemented and enforced locally.
6. On November 17, 2004, the TCEQ adopted rules concerning locally enforced
motor vehicle idling limitations, which are applicable only within the jurisdiction of a Local
Government that has signed a Memorandum of Agreement with TCEQ delegating enforcement
of the rules. The TCEQ submitted the rules to EPA for approval on December 6, 2004. EPA
approved the rules in the Federal Register on April 11, 2005. The rules were effective June 10,
2005.
2
MOA0800002
7. On November 17, 2004, the TCEQ also incorporated most of the Austin -Round
Rock MSA EAC Clean Air Action Plan into the SIP. The State submitted the SIP to EPA for
approval on December 6, 2004. EPA approval makes the plan's emission reduction measure
commitments state and federally enforceable.
8. Parties acknowledge that they have entered into this MOA voluntarily and it shall
become binding upon the signature of the Executive Director of TCEQ or his designated
representative. In order to comply with the Austin -Round Rock MSA EAC and SIP
commitments and safeguard the air resources of the State of Texas, the Parties agree to comply
with the terms of this Agreement.
9. The Local Governments understand and agree that the commitments in this
Agreement become federally enforceable by the EPA, and by persons using the citizen suits
provision of the Federal Clean Air Act (42 U.S.C.A. § 7604), upon approval of this Agreement
into the SIP.
V. Obligations of Parties
(A) The Local Government signatories agree as follows:
1. In accordance with the terms of this Agreement but subject to subsection (b)
below, the Local Governments agree to implement or to ratify, as appropriate, the
following TCEQ rules as stated in the Austin -Round Rock MSA Implementation
Plan for the Texas Heavy -Duty Vehicle Idling Rule by December 31, 2005:
a. 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles,
Subchapter J, Operation Controls for Motor Vehicles, Division 2, Locally
Enforced Motor Vehicle Idling Limitations, Sections 114.510 - 114.512
and 114.517. Changes to these TCEQ rules shall be incorporated into this
Agreement without requiring amendment of this Agreement.
b. The Local Governments that will not adopt the rules for criminal
enforcement purposes under section 7.177 of the Texas Water Code are
listed in Attachment A of the Agreement.
2. The Local Governments agree to submit the following information to the TCEQ
for the rules listed above not later than forty-five (45) calendar days after the
effective date of this MOA.
3
MOA0800002
a. Detailed description of the plan for implementation of these rules;
b. Copies of local ordinances or resolutions adopted by each Local
Government's governing body to implement these rules;
c. Copies of agreements entered between any Local Government and
other units of Local Government for the purpose of the
implementation of these rules; and
d. Submission of agreements entered between any Local Government
and other units of Local Government for the purpose of the
implementation of these rules will be accepted after forty-five (45)
calendar days of the commencement of the Agreement with the
understanding that revisions to the SIP may not be available for
Agreements submitted after this period.
3. Copies of any requisite resolutions under Section 7.352 of the Texas
Water Code shall be submitted to the TCEQ within fourteen (14) calendar
days after passage by the local governing body.
(B) This MOA remains in effect should the EAC area adopt the eight-hour 03 Flex
Plan.
VI. Term and Termination
Each Local Government shall enter into this Agreement through attachment of a
separate signature page to this Agreement. This Agreement will become effective for
each Local Government on the later of the TCEQ signature date or the date appearing on
the signature page that shall be attached to this Agreement for that Local Government.
This Agreement shall expire on January 2, 2013, unless renewed in writing by mutual
agreement of all the Parties. A Party may withdraw from this Agreement at any time
upon thirty days written notice to all other Parties to this agreement. Withdrawal by a
Local Government does not constitute termination of the entire MOA. This Agreement
may be terminated at any time by mutual written consent of the Parties.
VII. Miscellaneous
This Agreement represents the entire agreement between the TCEQ and the Local
Governments and supersedes all other agreements, understandings or commitments,
written or oral, relative to the intent of this MOA. Unless expressly provided for in this
Agreement, this MOA may not be amended or modified except pursuant to a mutual
written agreement executed by each of the Parties.
4
MOA0800002
This MOA shall be governed by and interpreted in accordance with the laws of
the State of Texas.
Executed by:
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
By:
Name: Glenn Shankle Date
Title: Executive Director
5
MOA0800002
Memorandum of Agreement
Local Government Signature Page
(:l 1741,0vk1 StrAt
In witness thereof, (, through its authorized officer, has
made and executed this signature page that shall be attached to the Memorandum of
Agreement to Control Air Pollution From Motor Vehicles Through Locally Enforced
Vehicle Idling Limits, which is hereby incorporated by reference in its entirety.
Executed by:
By: iā1/. ('. (Z.
Name: Alan McGraw Date
Title: Mayor
6
Executed
Document
Follows
MOA0800002
MEMORANDUM OF AGREEMENT
I. Parties
This Memorandum of Agreement (MOA) ("Agreement") is entered into between the
Texas Commission on Environmental Quality ("TCEQ") and the local governments signing this
agreement (Local Governments), collectively, the "Parties."
1. The Parties represent that they have the authority to enter into this MOA,
including the authority granted in the Texas Government Code Chapter 791 Interlocal
Cooperation Contracts.
2. The TCEQ has authority under Section 5.229 of the Texas Water Code and
Section 382.033 of the Texas Health and Safety Code to enter into this MOA.
3. Local Governments have authority under Section 382.115 of the Texas Health and
Safety Code to enter into this MOA.
II. Intent and Purpose
The intent of this Agreement is to memorialize both the renewal of the agreement
between the original Parties (TCEQ and the Local Early Action Compact (EAC) Signatories) and
to acknowledge new Local Governments to the agreement to implement the following rules
aimed at the control of air pollution from motor vehicles: 30 Texas Administrative Code
("TAC") Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operation
Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations,
Sections 114.510 - 114.512 and 114.517.
The Parties, TCEQ and any new Local Governments, enter into this Agreement for the
purpose of renewing or ratifying, as applicable, the agreement delegating rule enforcement from
TCEQ to the Local Governments and incorporating the emission reductions resulting from the
implementation and enforcement of the above -referenced rules into the State Implementation
Plan ("SIP").
III. Definitions
As used in this Agreement the following terms have the meanings given below:
1. "EPA" shall mean the U.S. Environmental Protection Agency.
2. "TCEQ" shall mean the Texas Commission on Environmental Quality.
3. "Local Government" has the meaning assigned by 30 TAC Section 114.510.
1
R -OS- Ob-lt-Iv E3
MOA0800002
4. "EAC" means Early Action Compact.
5. "Local EAC Signatories" means the Local Governments that are signatories to the
Austin -Round Rock (previously Austin -San Marcos) MSA Memorandum of
Agreement with TCEQ and EPA, signed December 18, 2002. These Local
Governments are Bastrop, Caldwell, Hays, Travis, and Williamson Counties and
the cities of Austin, Bastrop, Elgin, Lockhart, Luling, Round Rock, and San
Marcos.
6. "SIP" shall refer to the Texas State Implementation Plan.
IV. Background
1. Under Section 110 of the Federal Clean Air Act ("FCAA"), 42 U.S.C. § 7410,
each state that has a nonattainment area must submit a SIP to the EPA demonstrating strategies
to come into compliance with the National Ambient Air Quality Standards ("NAAQS").
2. Section 110 of the FCAA, 42 U.S.C. § 7410 also requires Texas to submit to the
EPA for approval any SIP revisions and to demonstrate that such SIP revisions will not interfere
with any applicable requirement concerning attainment and reasonable further progress or any
other requirement of the FCAA, as required by § 110(1) of the FCAA.
3. On June 19, 2002, the EPA approved the Protocol for Early Action Compacts
Designed to Achieve and Maintain the 8 -Hour Ozone Standard, a guidance document developed
in coordination with TCEQ that addresses EAC development, implementation and commitments
of signatory parties. The EAC concerns attainment of the national eight-hour ozone standard.
Early voluntary eight-hour air quality plans can be developed through a Compact between Local,
State, and the EPA officials for areas that are in attainment of the one-hour ozone standard but
approach or monitor exceedances of the eight-hour standard. Early action plans are incorporated
into the SIP.
4. On December 18, 2002, the TCEQ, the EPA, and the Local EAC Signatories
entered into the Austin -San Marcos MSA Early Action Compact.
5. On March 29, 2004, the Local EAC Signatories submitted an eight-hour air
quality plan to TCEQ and EPA in accordance with the EPA EAC Protocol. The plan contains
commitments for numerous locally implemented emission reduction measures as well as several
state -assisted measures, including the state heavy duty vehicle idling restrictions, to be
implemented and enforced locally.
6. On November 17, 2004, the TCEQ adopted rules concerning locally enforced
motor vehicle idling limitations, which are applicable only within the jurisdiction of a Local
Government that has signed a Memorandum of Agreement with TCEQ delegating enforcement
of the rules. The TCEQ submitted the rules to EPA for approval on December 6, 2004. EPA
approved the rules in the Federal Register on April 11, 2005. The rules were effective June 10,
2005.
2
MOA0800002
7. On November 17, 2004, the TCEQ also incorporated most of the Austin -Round
Rock MSA EAC Clean Air Action Plan into the SIP. The State submitted the SIP to EPA for
approval on December 6, 2004. EPA approval makes the plan's emission reduction measure
commitments state and federally enforceable.
8. Parties acknowledge that they have entered into this MOA voluntarily and it shall
become binding upon the signature of the Executive Director of TCEQ or his designated
representative. In order to comply with continuing vehicle idling commitments of the Austin -
Round Rock MSA through December 31, 2013, and safeguard the air resources of the State of
Texas, the Parties agree to comply with the terms of this Agreement.
9. The Local Governments understand and agree that the commitments in this
Agreement to enforce the idling restrictions in 30 Texas Administrative Code (T.A.C.) Chapter
114, Subchapter J, Division 2 become federally enforceable by the EPA, and by persons using
the citizen suits provision of the Federal Clean Air Act (42 U.S.C. § 7604), upon approval of this
Agreement.
V. Obligations of Parties
(A) The Local Government signatories agree as follows:
1. In accordance with the terms of this Agreement but subject to subsection (b)
below, the Local Governments agree to implement or to ratify, as appropriate, the
following TCEQ rules as stated in the Austin -Round Rock MSA Implementation
Plan for the Texas Heavy -Duty Vehicle Idling Rule:
a. 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles,
Subchapter J, Operation Controls for Motor Vehicles, Division 2, Locally
Enforced Motor Vehicle Idling Limitations, Sections 114.510 - 114.512
and 114.517. Changes to these TCEQ rules shall be incorporated into this
Agreement without requiring amendment of this Agreement.
b. The Local Governments that will not adopt the rules for criminal
enforcement purposes under section 7.177 of the Texas Water Code are
listed in Attachment A of the Agreement.
2. The Local Governments agree to submit the following information to the TCEQ
for the rules listed above not later than forty-five (45) calendar days after the
effective date of this MOA.
3
MOA0800002
a. Detailed description of the plan for implementation of these rules;
b. Copies of local ordinances or resolutions adopted by each Local
Government's governing body to implement these rules;
c. Copies of agreements entered between any Local Government and
other units of Local Government for the purpose of the
implementation of these rules; and
d. Submission of agreements entered between any Local Government
and other units of Local Government for the purpose of the
implementation of these rules.
3. Copies of any requisite resolutions under Section 7.352 of the Texas
Water Code shall be submitted to the TCEQ within fourteen (14) calendar
days after passage by the local governing body.
VI. Term and Termination
Each Local Government shall enter into this Agreement through attachment of a
separate signature page to this Agreement. This Agreement will become effective for
each Local Government on the later of the TCEQ signature date or the date appearing on
the signature page that shall be attached to this Agreement for that Local Government.
This Agreement shall expire on December 31, 2013, unless renewed in writing by mutual
agreement of all the Parties. A Party may withdraw from this Agreement at any time
upon thirty days written notice to all other Parties to this agreement. Withdrawal by a
Local Government does not constitute termination of the entire MOA. This Agreement
may be terminated at any time by mutual written consent of the Parties.
VII. Miscellaneous
This Agreement represents the entire agreement between the TCEQ and the Local
Governments and supersedes all other agreements, understandings or commitments,
written or oral, relative to the intent of this MOA. Unless expressly provided for in this
Agreement, this MOA may not be amended or modified except pursuant to a mutual
written agreement executed by each of the Parties.
This MOA shall be governed by and interpreted in accordance with the laws of
the State of Texas.
Executed by:
4
MOA0800002
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
By:
Name: ark R. Vickery, P.
Title: Executive Director
Date
MOA0800002
Memorandum of Agreement
Local Government Signature Page
Oily
In witness thereof, (' , through its authorized officer, has
made and executed this signature page that shall be attached to the Memorandum of
Agreement to Control Air Pollution From Motor Vehicles Through Locally Enforced
Vehicle Idling Limits, which is hereby incorporated by reference in its entirety.
Executed by:
By: 144/ 6'. (Z.06
Name: Alan McGraw Date
Title: Mayor
6
Executed
Document
Follows
MOA0800002
MEMORANDUM OF AGREEMENT
I. Parties
This Memorandum of Agreement (MOA) ("Agreement") is entered into between the
Texas Commission on Environmental Quality ("TCEQ") and the local governments signing this
agreement (Local Governments), collectively, the "Parties."
1. The Parties represent that they have the authority to enter into this MOA,
including the authority granted in the Texas Government Code Chapter 791 Interlocal
Cooperation Contracts.
2. The TCEQ has authority under Section 5.229 of the Texas Water Code and
Section 382.033 of the Texas Health and Safety Code to enter into this MOA.
3. Local Governments have authority under Section 382.115 of the Texas Health and
Safety Code to enter into this MOA.
II. Intent and Purpose
The intent of this Agreement is to memorialize both the renewal of the agreement
between the original Parties (TCEQ and the Local Early Action Compact (EAC) Signatories) and
to acknowledge new Local Governments to the agreement to implement the following rules
aimed at the control of air pollution from motor vehicles: 30 Texas Administrative Code
("TAC") Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operation
Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations,
Sections 114.510 - 114.512 and 114.517.
The Parties, TCEQ and any new Local Governments, enter into this Agreement for the
purpose of renewing or ratifying, as applicable, the agreement delegating rule enforcement from
TCEQ to the Local Governments and incorporating the emission reductions resulting from the
implementation and enforcement of the above -referenced rules into the State Implementation
Plan ("SIP").
III. Definitions
As used in this Agreement the following terms have the meanings given below:
1. "EPA" shall mean the U.S. Environmental Protection Agency.
2. "TCEQ" shall mean the Texas Commission on Environmental Quality.
3. "Local Government" has the meaning assigned by 30 TAC Section 114.510.
R-OS_oi-IL-t°E3
1
MOA0800002
4. "EAC" means Early Action Compact.
5. "Local EAC Signatories" means the Local Governments that are signatories to the
Austin -Round Rock (previously Austin -San Marcos) MSA Memorandum of
Agreement with TCEQ and EPA, signed December 18, 2002. These Local
Governments are Bastrop, Caldwell, Hays, Travis, and Williamson Counties and
the cities of Austin, Bastrop, Elgin, Lockhart, Luling, Round Rock, and San
Marcos.
6. "SIP" shall refer to the Texas State Implementation Plan.
IV. Background
1. Under Section 110 of the Federal Clean Air Act ("FCAA"), 42 U.S.C. § 7410,
each state that has a nonattainment area must submit a SIP to the EPA demonstrating strategies
to come into compliance with the National Ambient Air Quality Standards ("NAAQS").
2. Section 110 of the FCAA, 42 U.S.C. § 7410 also requires Texas to submit to the
EPA for approval any SIP revisions and to demonstrate that such SIP revisions will not interfere
with any applicable requirement concerning attainment and reasonable further progress or any
other requirement of the FCAA, as required by § 110(1) of the FCAA.
3. On June 19, 2002, the EPA approved the Protocol for Early Action Compacts
Designed to Achieve and Maintain the 8 -Hour Ozone Standard, a guidance document developed
in coordination with TCEQ that addresses EAC development, implementation and commitments
of signatory parties. The EAC concerns attainment of the national eight-hour ozone standard.
Early voluntary eight-hour air quality plans can be developed through a Compact between Local,
State, and the EPA officials for areas that are in attainment of the one-hour ozone standard but
approach or monitor exceedances of the eight-hour standard. Early action plans are incorporated
into the SIP.
4. On December 18, 2002, the TCEQ, the EPA, and the Local EAC Signatories
entered into the Austin -San Marcos MSA Early Action Compact.
5. On March 29, 2004, the Local EAC Signatories submitted an eight-hour air
quality plan to TCEQ and EPA in accordance with the EPA EAC Protocol. The plan contains
commitments for numerous locally implemented emission reduction measures as well as several
state -assisted measures, including the state heavy duty vehicle idling restrictions, to be
implemented and enforced locally.
6. On November 17, 2004, the TCEQ adopted rules concerning locally enforced
motor vehicle idling limitations, which are applicable only within the jurisdiction of a Local
Government that has signed a Memorandum of Agreement with TCEQ delegating enforcement
of the rules. The TCEQ submitted the rules to EPA for approval on December 6, 2004. EPA
approved the rules in the Federal Register on April 11, 2005. The rules were effective June 10,
2005.
2
MOA0800002
7. On November 17, 2004, the TCEQ also incorporated most of the Austin -Round
Rock MSA EAC Clean Air Action Plan into the SIP. The State submitted the SIP to EPA for
approval on December 6, 2004. EPA approval makes the plan's emission reduction measure
commitments state and federally enforceable.
8. Parties acknowledge that they have entered into this MOA voluntarily and it shall
become binding upon the signature of the Executive Director of TCEQ or his designated
representative. In order to comply with continuing vehicle idling commitments of the Austin -
Round Rock MSA through December 31, 2013, and safeguard the air resources of the State of
Texas, the Parties agree to comply with the terms of this Agreement.
9. The Local Governments understand and agree that the commitments in this
Agreement to enforce the idling restrictions in 30 Texas Administrative Code (T.A.C.) Chapter
114, Subchapter J, Division 2 become federally enforceable by the EPA, and by persons using
the citizen suits provision of the Federal Clean Air Act (42 U.S.C. § 7604), upon approval of this
Agreement.
V. Obligations of Parties
(A) The Local Government signatories agree as follows:
1. In accordance with the terms of this Agreement but subject to subsection (b)
below, the Local Governments agree to implement or to ratify, as appropriate, the
following TCEQ rules as stated in the Austin -Round Rock MSA Implementation
Plan for the Texas Heavy -Duty Vehicle Idling Rule:
a. 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles,
Subchapter J, Operation Controls for Motor Vehicles, Division 2, Locally
Enforced Motor Vehicle Idling Limitations, Sections 114.510 - 114.512
and 114.517. Changes to these TCEQ rules shall be incorporated into this
Agreement without requiring amendment of this Agreement.
b. The Local Governments that will not adopt the rules for criminal
enforcement purposes under section 7.177 of the Texas Water Code are
listed in Attachment A of the Agreement.
2. The Local Governments agree to submit the following information to the TCEQ
for the rules listed above not later than forty-five (45) calendar days after the
effective date of this MOA.
3
MOA0800002
a. Detailed description of the plan for implementation of these rules;
b. Copies of local ordinances or resolutions adopted by each Local
Government's governing body to implement these rules;
c. Copies of agreements entered between any Local Government and
other units of Local Government for the purpose of the
implementation of these rules; and
d. Submission of agreements entered between any Local Government
and other units of Local Government for the purpose of the
implementation of these rules.
3. Copies of any requisite resolutions under Section 7.352 of the Texas
Water Code shall be submitted to the TCEQ within fourteen (14) calendar
days after passage by the local governing body.
VI. Term and Termination
Each Local Government shall enter into this Agreement through attachment of a
separate signature page to this Agreement. This Agreement will become effective for
each Local Government on the later of the TCEQ signature date or the date appearing on
the signature page that shall be attached to this Agreement for that Local Government.
This Agreement shall expire on December 31, 2013, unless renewed in writing by mutual
agreement of all the Parties. A Party may withdraw from this Agreement at any time
upon thirty days written notice to all other Parties to this agreement. Withdrawal by a
Local Government does not constitute termination of the entire MOA. This Agreement
may be terminated at any time by mutual written consent of the Parties.
VII. Miscellaneous
This Agreement represents the entire agreement between the TCEQ and the Local
Governments and supersedes all other agreements, understandings or commitments,
written or oral, relative to the intent of this MOA. Unless expressly provided for in this
Agreement, this MOA may not be amended or modified except pursuant to a mutual
written agreement executed by each of the Parties.
This MOA shall be governed by and interpreted in accordance with the laws of
the State of Texas.
Executed by:
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MOA0800002
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
w /%
By: ` .._It a ' I I j
Name: ark R. Vickery, P. Date
Title: Executive Director
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MOA0800002
Memorandum of Agreement
Local Government Signature Page . J
Cil 1
In witness thereof, (' , through its authorized officer, has
made and executed this signature page that shall be attached to the Memorandum of
Agreement to Control Air Pollution From Motor Vehicles Through Locally Enforced
Vehicle Idling Limits, which is hereby incorporated by reference in its entirety.
Executed by:
By:
Name: Alan McGraw Date
Title: Mayor
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