Res 2008-018 - Laserfiche WebLink

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4.2.2 The signatories' intent in entering into this MOA is to maintain the area's attainment designation and 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. This MOA should in no way be construed as a strategy to avoid or to defer a regulatory requirement. 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 monitoring exceedances or violations of 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 eligible strategies implemented under the terms of this Agreement. 4.2.5 If the region's design value reaches or exceeds the 85 ppb standard, EPA and TCEQ commit to adopting into the SIP one or more of the Tier II 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; an action plan; existing control 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.