HomeMy WebLinkAboutRes 08-50 Supporting the Implementation Plan Regarding Motor Vehicle IdlingTOWN OF WESTLAKE
RESOLUTION NO. 08-50
SUPPORTING VOCALLY ENFORCED MOTOR VEHICLE IDLING
LIMITATIONS IN NORTH CENTRAL TEXAS AS OUTLINED BY THE
REGIONAL TRANSPORTATION COUNCIL AND AUTHORIZING THE TOWN
MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING
WITH THE TEXAS ENVIRONMENTAL QUALITY COMMISSION FOR
ENFORCEMENT OF SAID LIMITATIONS.
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 OF
WESTLAKE, TEXAS:
SECTION 1: 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 Texas MOA to be entered into by local governments for the purpose of
enforcement (Exhibit "A").
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 APPROVED ON THE 25TH DAY OF AUGUST 2008.
ATTEST:
Ki Sutter, TRMC, Town Secretary
APPROVED AS TO
ttorney
LZI'4z
Laura Wheat, Mayor
TOWN OF WESTLAKE IMPLEMENTATION PLAN FOR
LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATION RULE
Background
Limiting motor vehicle idling is one component of the Dallas -Fort Worth 8 -Hour
Ozone Attainment Demonstration State Implementation Plan which is the
federally mandated clean air plan for the region.
The locally enforced motor vehicle idling limitation rule (Texas Administrative
Code, Title 30, Subsections 114.510-114.517) has been adopted by the Town of
Westlake in an effort to participate in regional programs aimed at reducing
harmful emissions and improving air quality. The rule is applicable only within
the jurisdiction of local governments that have signed a memorandum of
agreement with the Texas Commission on Environmental Quality (TCEQ) which
extends the enforcement authority of the TCEQ to that governmental entity.
Education will begin February 1, 2009. Enforcement will begin April 1, 2009.
Enforcement through warnings and traffic citations, including penalties of up to
$500 per offense, is allowable to ensure compliance with this rule and net
maximum air quality benefits.
Public Education and Outreach:
Educational brochures, developed by the North Central Texas Council of
Governments (NCTCOG) will be distributed to area businesses, industry
associations, and other targeted sectors identified to be most affected by
the rule. These brochures will include information on rule details, anti -
idling technologies, potential funding assistance, and other resources.
• Anti -idling signs will be ordered and installed throughout the Town of
Westlake to inform citizens and truck drivers of the anti -idling ordinance.
Local businesses and target areas will be encouraged to order and post
signs as well. Signs are available through the NCTCOG.
• A link to the NCTCOG Idling Reduction web site will be posted on the
Town of Westlake web site as a resource.
3 Village Circle, Suite 202 Westlake, Texas 76262
Metro: 817-430-0941 — Fax: 817-430-1812 — www.westlake-tx.org
Enforcement:
• Appropriate personnel will be identified for enforcement activities.
Activities will include identifying target areas, spotting violators, and
issuing citations. Apposite personnel may include code enforcement
officers and/or peace officers.
• Enforcement procedures used will be consistent with section 7.351 of the
Texas Water Code and any applicable local government ordinances.
Recommended penalties sought in civil action will be consistent with
Subchapter D of the Texas Water Code. Each violation is considered a
separate offense.
• Town of Westlake enforcement training programs will be updated with
information on regulatory requirements and compliance procedures.
• Identified enforcement personnel will establish a relationship with the
NCTCOG to share information on area idling. Violations of the rule may
be reported: 1) directly to local enforcement division for immediate
response; or 2) to the NCTCOG through a regional public outreach Web
site, www. EngineOffNorthTexas.org, or toll-free line, 877-NTX-IDLE (877-
689-4353), resulting in a letter being mailed to the owner of the reported
vehicle informing him/her of local idling restrictions in North Central Texas
and options to help reduce excessive idling.
• Violations and action taken will be tracked on a spreadsheet. This allows
both a determination of rule effectiveness and adequate follow-up for
noncompliant sources. At the end of each year, a summary of
enforcement will be provided to the NCTCOG upon request.
3 Village Circle, Suite 202 Westlake, Texas 76262
Metro: 817-430-0941 — Fax: 817-430-1812 — www.westlake-tx.org
-,,v
MEMORANDUM OF AGREEMENT
VEHICLE IDLING LIMITATIONS IN THE NORTH CENTRAL TEXAS AREA
1. PARTIES
This Memorandum of Agreement ("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. The Performing Parties have authority under Section 382.115 of the Texas Health
and Safety Code to enter into this MOA.
U. Intent and Purpose
The intent of this MOA is to memorialize the agreement between the Parties 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 enter into this MOA for the purpose of delegating rule enforcement from
TCEQ to Local Governments and incorporating the emission reductions resulting from the
implementation and enforcement of the above -referenced rules into the State Implementation
Plan ("SIP").
111. Definitions
As used in this MOA 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.
4. "North Central Texas Area" shall refer to those Texas counties included in the
Dallas -Fort Worth -Arlington (DFW) Texas, Metropolitan Statistical Area.
5. "SIP" shall refer to the State Implementation Plan.
IV. Background
1. Under Section 110 of the Federal Clean Air Act ("FCAA'), 42 U. S. Code
(U.S.C.) Section 7410, each state that has a non -attainment 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. Section 7410 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 Sectionl 10(1) of the FCAA.
3. 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 on June 10, 2005.
4. The 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. The Parties agree to comply with the terms of this MOA.
5. 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. Section 7604), upon approval of this
Agreement into the SIP.
V. Obligations of Parties
(A) Performing Parties agree as follows:
1. In accordance with the terms of this MOA, the Performing Parties agree to
implement the following TCEQ Rules:
a. 30 TAC Chapter 114, Control of Air Pollution from - Motor Vehicles,
Subehapter J, Operation Controls for Motor Vehicle Idling Limitations,
Sections 114.510 —114.512 and 114.517.
2. The Performing Parties 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.
a. Detailed description of the plan for implementation of these rules;
b. Copies of local ordinances or resolutions adopted to implement these
rules; and
C. Copies of agreements entered between Performing Parties and other units
of Local Government for the purpose of the implementation of these rules.
Agreements entered into after the effective date of this MOA shall be
submitted within forty-five (45) calendar days of their execution.
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) The TCEQ agrees to submit this agreement to the U.S. EPA as a technical support
document to the DFW eight-hour ozone attainment demonstration SIP.
VI. Term and Termination
This MOA will become effective upon signature by the Parties and shall expire on
January 2, 2013, unless renewed in writing by mutual agreement of the Parties. A Party may
withdraw from this Agreement at any time upon thirty days written notice to the other Parties of
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 MOA represents the entire agreement between the TCEQ and the Performing Parties
and supersedes all other agreements, understandings or commitments, written or oral, relative to
the intent of this MOA. 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.
In Witness Thereof, Texas Commission on Environmental Quality and the Local Governments,
by their authorized officers, have made and executed this MOA in multiple copies, each of which
is deemed an original.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
By:kt�k�
Name: Mark R. Vickery, P. Date
Title: Executive Director
Memorandum of Agreement
Local Government Signature Page
In witness thereof, the Town of Westlake, Texas, 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 entirely.
Executed by:
Town of Westlake, Texas
By:
Name:
Title:
Date