Laserfiche WebLink
<br />6. On November 17,2004, the TCEQ adopted rules concerning locally enforced <br />motor vehicle idling limitations, which are applicable only within the jurisdiction of a Local <br />Government that has signed a Memorandum of Agreement with TCEQ delegating enforcement <br />of the rules. The TCEQ submitted the rules to EP A for approval on December 6, 2004. EP A <br />approved the rules in the Federal Register on April 11, 2005. The <br />rules are effective June 10,2005. <br /> <br />7. On November 17, 2004, the TCEQ also incorporated most of the Austin-Round <br />Rock MSA EAC Clean Air Action Plan into the SIP. The State submitted the SIP to EP A for <br />approval on December 6, 2004. EP A approval makes the plan's emission reduction measure <br />commitments state and federally enforceable. <br /> <br />8. Parties acknowledge that they have entered into this MOA voluntarily and it shall <br />become binding upon the signature of the Executive Director of TCEQ or his designated <br />representative. In order to comply with the Austin-Round Rock MSA EAC and SIP commitments <br />and safeguard the air resources ofthe State of Texas, the Parties agree to comply with the terms of <br />thisMOA <br /> <br />9. The Local Governments understand and agree that the commitments in this MOA <br />become federally enforceable by the EP A, and by persons using the citizen suits provision of the <br />Federal Clean Air Act (42 U.S.C.A. S 7604), upon approval of this MOA into the SIP. <br /> <br />v. Obligations of Parties <br /> <br />(A) Local Governments agree as follows: <br /> <br />1. In accordance with the terms of this MOA but subject to subsection (b) below, the <br />Local Governments agree to implement the following TCEQ Rules as stated in the <br />Austin-Round Rock MSA Implementation Plan for the Texas Heavy-Duty Vehicle <br />Idling Rule by December 31, 2005: <br /> <br />a. 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, <br />Subchapter J, Operation Controls for Motor Vehicles, Division 2, Locally <br />Enforced Motor Vehicle Idling Limitations, Sections 114.510 - 114.512 and <br />114.517. <br /> <br />b. The Local Govenunents that will not adopt the rules for criminal enforcement <br />purposes under section 7.177 of the Texas Water Code are listed in <br />Attachment A of this Agreement. <br /> <br />2. The Local Governments agree to submit the following information to the TCEQ for <br />the rules listed above not later than forty-five (45) calendar days after the effective <br /> <br />3 <br />