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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