HomeMy WebLinkAboutR2011-016s:\legal\our documents\resolutions\11\fair share resolution final.doc
RESOLUTION 82011-016
A RESOLUTION REGARDING A REQUEST BY THE CITY OF DENTON THAT THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ("TCEQ") IMPLEMENT
CONTROL MEASURES FOR EMISSION OF VOLATILE ORGANIC COMPOUNDS
("VOCs") FROM THE DEVELOPMENT OF THE BARNETT SHALE RESOURCES AS A
PART OF THE RATE OF FURTHER PROGRESS GOALS FOR THE 2012 STATE
IMPLEMENTATION PLAN FOR OZONE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the the Dallas-Fort Worth non-attainment area for ozone pollution (DFW
non-attainment area) failed to meet the 1997 85 parts per billion federal ozone standard and was
recently reclassified as a "serious" violator of the federal Clean Air Act; and
WHEREAS, the Texas Commission on Environmental Quality and the U.S.
Environmental Protection Agency must develop control strategies and measures to enable the
DFW non-attainment area to achieve compliance with the 1997 85 ppb ozone standard thorough
submittal of a complete and adequate State Implementation Plan for Ozone; and
WHEREAS, since 2005 the DFW non-attainment area has experienced and expects to
continue a rapid growth in the development of Barnett Shale natural gas and oil resources, and
WHEREAS, the Texas Commission on Environmental Quality and the U.S.
Environmental Protection Agency have concluded emissions of Volatile Organic Compounds
(VOCs) are a major source of ozone pollution in the DFW non-attainment area; and
WHEREAS, the Texas Commission on Environmental Quality has estimated that
emissions of VOCs from development of Barnett Shale resources have risen significantly in the
last five years, while V OC emissions from every other major source category but one has
declined; and
WHEREAS, the Texas Commission on Environmental Quality has estimated that
emissions of VOCs from development of Barnett Shale resources will total over 100 tons per day
by 2012, eclipsing on-road mobile sources to become the second largest source category of
VOCs in the DFW non-attainment area; and
WHEREAS, the Texas Commission on Environmental Quality has estimated that total
annual emissions of VOC air pollution in the DFW non-attainment area will continue to increase,
despite control measures and strategies required by previous DFW State implementation Plans;
and
WHEREAS, the emissions of VOCs from development of Barnett Shale resources are
unregulated by any previous DFW State Implementation Plan for Ozone; and
WHEREAS, the Texas Commission on Environmental Quality has previously regulated
significant emissions of Nitrogen Oxide, another major ozone precursor, resulting from
development of Barnett Shale resources through its new diesel engine rules; and
s:\legal\our documents\resolutions\11\fair share resolution final.doc
WHEREAS, the Texas Commission on Environmental Quality has concluded it must
reduce emissions of VOCs in the DFW non-attainment area over the next two years to meet
required Rate of Further Progress goals in the 2012 State Implementation Plan for ozone
pollution being submitted to meet the 1997 federal ozone standard; and
WHEREAS, existing control measures for emissions of VOCs from development of
Barnett Shale resources (pneumatic valves, vapor recovery, electric compressors, flaring bans,
green completions) can reduce VOC pollution; and
WHEREAS, emissions of VOCs resulting from development of Barnett Shale resources,
including benzene and formaldehyde, represent a source of concern among many residents living
adjacent to oil and gas facilities in the DFW non-attainment area. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1: The City of Denton recommends that as part of their efforts to meet Rate
of Further Progress goals for the 2012 DFW State Implementation Plan of Ozone, the Texas
Commission on Environmental Quality and Environmental Protection Agency implement control
measures for emissions of VOCs from the development of Barnett Shale resources throughout
the DFW non-attainment area.
SECTION 2: The City of Denton requests that our state and federal representatives
work with the City to see that TCEQ implements VOC controls on gas industry faciltities and
equipment in the 2012 DFW State Implementation Plan for Ozone.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the/t~ day of 2011.
MARK A. BURRQI;0141S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: