Loading...
Res 13-37 Renewing an Agreement with Texas Commission on Environmental Quality Regarding Motor Vehicle IdlingRESOLUTION OF !WN COUNCIL OF ! OF TEXAS, RENEWING THE MEMORANDUMOF TOWN OF WESTLAKE AND THE TEXAS COMMISSION ON ENVIRONMENTA QUALITY, SUPPORTING LOCALLY ENFORCED MOTOR VEHICLE IDLIN TA '11 LIMITATIONS IN NORTH CENTRAL TEXAS AS OUTLINED BY THE TRANSPORTATION COUNCIL 1AUTHORIZING !; ! ENVIRONMENTALENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE TE ! COMMISSION FORENFORCEMENT ! 1 LI.V.IT4,TI0-'VS. WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, the Dallas -Fort Worth area is a federally designated nonattainment area for the pollutant ozone and air quality impacts the public and economic health of the entire region; and, WHEREAS, Locally Enforced Idling Restriction is a Voluntary Mobile Source Emission Reduction Program commitment in the Dallas -Fort Worth Eight -Hour Ozone Attainment Demonstration State Implementation Plan (SIP); and, WHEREAS, the Regional Transportation Council has no regulatory authority to enforce idling restrictions; and recognizes that local governments have such authority upon entering into a Memorandum of Agreement (MOA) with the Texas Commission on Environmental Quality (TCEQ). BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN ON WESTLAKE, TEXAS: SECTION l: The Regional Transportation Council endorses the TCEQ Idling Limitations Rule as published in the Texas Administrative Code, Chapter 114, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations. SECTION 2: The Regional Transportation Council encourages local government adoption of the TCEQ Idling Limitations Rule by reference, and supports creation of a North Resolution 13-37 Pagel of 6 Texas MOA to be entered into by local governments for the purpose of enforcement (Exhibit (6A") SECTION 3: The Regional Transportation Council commits to provide local governments assistance with development of applicable enforcement and education programs; SECTION 4: The Regional Transportation Council may consider compliance with this resolution when considering future Regional Transportation Council funding action. SECTION 5: This resolution will be transmitted to all local governments in the nine - county ozone nonattainment area; SECTION 6: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVER ON THIS,2834W OF -Or R, 2013. KellEdw ds, TRMC, Town Secretary APPROVE : - S TO, rQ"RM: Stan Lawry, ttney Lau -aWheat, Mayor Thomas E. Bryan wn Manager I X AS Resolution 13-37 Page 2 of 6 Exhibit "N' MEMORANDUM OF AGREEMENrr VEHICLE IDLINc LwTAvom YN Tox, NORTH CENTRAI i TEXASARFA It PARTIES This Mcrnomndutn, of AgreQuicat ("Agreemieno is entered into between the Texas Commission on En-vir,,xirental Quality ("TCEQ) and the local governtnents signing this agreement (Local Govcmtnents), collectively, the "P s." 11 The Pa -tics mpiesent that they have the authority to enter into this MOA, including the authority pwted in the Texas Government Code Chapter 791 Interlocal Coop-el-ation contracts, 1 The TCEQ has authority under Section 5.229 of the Texas Water Code and Sectian 382,033 of the Texas Health and Sd-ety Code to entLv, into this MOA, 3. ThePerf-onning parties have authority under Section 382,115 of the Texas Health and Safety Code to enter into this MOA, 11. Intent and Purpose Mie intent of this MOA is to memorialize the agr&ement be Mween the Parties to implement the following -rules aimed at the control of air pollution from motor vel-ticles: 30 ToIcas Admirdstrative Code ("TAC") ChapyteT 114, Control of Air Pollution fi-om Motor Vehieles, Subchapter J, Opexation Controls for Motor Vehicles, Divisiort 2, Locally Enforced Motor Vehicle Idling Limitations, Sections 11 .51.0 -,114,512 and 114,517. The parties eater into this MOA for the puq>ose of delegating rule eRforcement ftom TCEQ to Locat Governnionts and incorporathug the cimissiou reductions resulting from. the implementation and enforoeni-erat of the above-refDrmiced rules into the State hnplementation, Plan 111. Definitions I As used in this MOA the following terms have the Mea -Rings g.ven, below: 1. "EPA" shall ratan the 1".8. Environmental Protection Agency. Y'shzll �nican the Texas Commission on EziviroTunctital Quality, 3: "Local Goveinmenf—has the -meaming assigned by 30 TAC Section 114.510. 4. "North Cental Texas area" shall refer to those Texas counties included in the Ddalas-'Fort Worth-AxIingtor, (DF,19) Texas, -Mletropolitan Statisrical, Area. 5. "SIP" shall refer to the State Impleineii-tation Plan - Resolution 13-37 Page 3 of 6 IV. Background 1, Under Section 110 of The Federal Clean Air Act ("FCAX), 42 U. S. Code (U.S.C.) Section 741f.", each state that bas a uon-attainmont area must submita SIP to the EPA demonstrating strategies to come into compliance with the National Ambient Air Quality Standards (`NAAQS"), 21 Section I 10 of the FCAA, 42 U. .C. Section 7410 reqifies Texas to submit to the EPA for approval any SIP revisicins and to demonstrate, that such SIP re. -visions willnot interfere with &-iy applicable requirement ct)ncerning attainment and reasonable further progress or any other requircaiert os the FCAA, as requirW, by Sectioni 10 ,1) of the FCAA, 3, OnNovenaber 17, 2004, the 'TCEQ adopted niles ooncizanitig locally enforced motor vehicle idling limitations, NvItch are applicable only within the jurisdiction of a U, eal 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, 20K EPA approved the rules on June 10, 2005 4. The Parties acknowledge that they have entered into this MOA voluntwily and it sl ,orne bindinu g pon the sig-naluf th re of Executive Director of TCBQ or his dmignated ,hall beL rep: c,senia,,N,e, T lie Par fiesagjee to couiply wi th the term~ of this NIOA. 5. The Local Govenintents understand and agree that the cominiatnents in this Aggreeminit beconle federally enforceable by the EPA, and by persons using the citizen suits provision of the Federal Clean, -Adr Act (412 US.C.A, Section 7604), upon approval of this Agreement -into the SIP, V. Obligations of Par 0ei (A) Performing Part' es, agree as follows: I In accordance with the terms of this MOA, the Performing. Parties agree to implement the following TCP Q Rules: 41, 30 TAC Chapter 114, Contfol of Air Pollutioq from Motor Vehicles, Subchapter J. Operation Controls for Motor Vehicle Idling Li-ruitatious, S"-fions 114-510 -114.51 ;and 114,517. 2. The Perfori-An-ag Parties agree to submit the following inl4nnation to the XT30 for the rules listed above not 'Later than foiry-five (45) calendar days after the efTective date of this MOA. a. Detailed description of the plan for impletnentation of these rules, Resolution 13-37 Page 4 of 6 bCopies of local ordinances or re olutions adopted to implement these rules; and C. Copies of agreements entered between Performing Patties and other units of Local Goycrtunont for the purpose of the implementation of these rulvs, Agreement- entered into after theof 'Lective date of this N10A shall be ou- 'ted withinforty -five c (4-5) alendar days of their exevation. bmit 3. Copies of any requisite resolutions under Section 73.52 of the Texas Water Code shall be submitted to the TC EQ within fourteen (14) calendar days after passage by 1he loc-al goveming body. (B) The MEQ agrees to submit tl-ain agreement to the U.S. EPA as a tecimical support docimient to flie DFW eight-hour ozone attauunent dcnionstratioa SIP, '1. Term and Termination This 'N40A -,vill become effective ui)on signature by the Parties and, shall -expire on January 2, 2013, unless, renewed in wiifiug by mutual agi-ecincitt of the Parties. A Party ma- y le 0 ler tl e, ,Mtbdrww frontan this Agreement at �V time U�)Orl thUty days Writt= 110tiCe to tl Parti 51 Of this agTecvrietit, Withdrawal bj a 1-oc-al G -over -r ucnt does not constitute tornunation of the entire MOA. This Agreement nmy be terminated at -my time by inutual written consent of the Parities, VIL Miscellaneous This MOA represents the entire agreement between Ow, TQ and the Performing Parties and superscdas all other agreements, understandings or commitnicnts, Written or oral, relative to the iment of this MOA. This MOA may not be amended or mod fi - - exe t p, is ant to a , i 4�'d cep u 1. mutual written agrccment txcicuted by each -of the -Parties, This MOA shall be governed by and interpreted in accordance with the laws of the State of Texas, In WitUss Thereof, Texas Commission on Environmental Q-Uality and the Locaj Governments, by their authorized ofTic-ars, have made and executed this IMOn nnultiple copies, each of which is doemedan original, TEXAS COMMISSION ON E, �Q'TRONMNIENTAL QUALITY By'. Name:Maek R Tite: Executive Director Resolution 13-37 Page 5 of 6 Memorandum of Agreement Local Govcmment Signature Page In witness thereof, te. Town of Wesflake, Texas, through its authorized officer. as made and oxecuttd this sipatire page that shall be attmehed, to the, Nfemo=durrt of Agreement to Control Air Pollution From Motor Vehicles Through Looally Enforced Vehicle- Idling limits, Nvhieh is hereby incorporated by reference in its entirely. Executed by-, Tow t of 'Wesdako' Texas By. Name: Date Title: Resolution 13-37 Page 6 of 6