Res 2008-018 - Laserfiche WebLink

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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 Os 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 TCEQ 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 107(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.