2014-107AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO IMPLEMENT AND ENFORCE
THE TEXAS STATE RULE ON LOCALLY ENFORCED MOTOR VEHICLE IDLING
LIMITATIONS AND TO APPROVE ENTERING INTO A MEMORANDUM OF
AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TO
ENFORCE THIS RULE LOCALLY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Dallas-Fort Worth area is a federally-designated non-attainment area for
the pollutant ozone; and air quality impacts the public and the economic health of the entire
region; and
WHEREAS, the U.S. Environmental Protection Agency ("EPA") and the Texas
Commission on Environmental Quality ("TCEQ") have jointly considered emission reductions to
control air pollution from motor vehicles; and the Texas Legislature has created the Texas Clean
Air Act ("Act"), which addresses that purpose; and
WHEREAS, Section 382.113 of the Act provides statutory authority for municipalities to
enact and enforce local laws and ordinances for the control and abatement of air pollution; and
WHEREAS, "Locally Enforced Idling Restrictions" is a weight of evidence commitment
in the Dallas-Fort Worth 8-Hour Ozone Attainment Demonstration State Implementation Plan
("SIP"); and
WHEREAS, the City of Denton, Texas desires to actively participate in improving the air
quality of the region; and
WHEREAS, the City Council of the City of Denton, Texas finds that the adoption of this
ordinance serves a public purpose, and protects the health, safety, and welfare of the citizens of
the City of Denton, Texas, by limiting the pollution created by motor vehicles unnecessarily
idling within the City's jurisdiction; NOW THEREFOR
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council endorses the TCEQ Idling Limitations Rule, as published in the
Texas Administration Code, Title 30, Part 1, Chapter 114, Subchapter J, Operational Controls for
Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitation.
SECTION 2. The City Council approves the adoption and implementation of the TCEQ Idling
Limitation Rule by reference.
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SECTION 3. The City Council hereby authorizes the City Manager to execute a Memorandum
of Agreement, with the TCEQ for the purposes of local enforcement of the Idling Limitation
Rule in the City of Denton, Texas; a true and correct copy of such Memorandum of Agreement is
attached hereto as Exhibit "A" and is incorporated by reference herein.
SECTION 4. This ordinance shall be effective immediately upon its passage and approval.
PASSED AND APPROVED this the day of &2�K� 2014.
MARK A. BURROUGHS, MAYOR
By:
EXHIBIT A
MEMORANDUM OF AGREEMENT
FOR
VEHICLE IDLING LIMITATIONS
I. PARTIES
This Memorandum of Agreement (MOA) is entered into between the Texas
Commission on Environmental Quality (TCEQ) and the local government signing this
agreement (Local Government), collectively the "Parties."
1. The Parties represent that they have the authority to enter into this MOA,
including the authority granted in the Texas Government Code Chapter 791
Interlocal Cooperation Contracts.
2. The TCEQ has authority under Section 5.229 of the Texas Water Code and
Section 382.033 of the Texas Health and Safety Code to enter into this MOA.
3. The Local Government has authority under Section 382.115 of the Texas Health
and Safety Code to enter into this MOA.
II. INTENT AND PURPOSE
The intent of this MOA is to memorialize the agreement between the Parties to
implement the following rules aimed at the control of air pollution from motor vehicles:
3o Texas Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor
Vehicles, Subehpter J, Operation Controls for Motor Vehicles, Division 2, Locally
Enforced Motor Vehicle Idling Limitations, Sections 114.510 — 114.512 and 114.517.
The parties enter into this MOA for the purpose of delegating rule enforcement
from the TCEQ to the Local Government and potentially incorporating the emission
reductions resulting from the implementation and enforcement of the above - referenced
rules into the State Implementation Plan (SIP).
III. DEFINITIONS
As used in this MOA the following terms have the meanings given below:
1. EPA shall mean the United States Environmental Protection Agency.
2. TCEQ shall mean the Texas Commission on Environmental Quality.
3. Local Government has the meaning assigned by 3o TAC Section 114.510.
4. SIP shall refer to the Texas State Implementation Plan.
IV. BACKGROUND
On November 17, 2004, the TCEQ adopted rules concerning locally enforced
motor vehicle idling linnita.tions, which are applicable only within the jurisdiction of a
Local Government that has signed an MOA with the TCEQ delegating enforcement of
the rules. The EPA approved the rules in the April 11, 2005, Federal Register (7o FR
183o8). The rules became effective June 10, 2005.
V. OBLIGATIONS OF PARTIES
(A) The Local Government agrees as follows:
1. In accordance with the terms of this MOA the Local Government agrees to
implement the following TCEQ Rule:
a. 3o TAC Chapter 114, Control of Air Pollution from Motor Vehicles,
Subchapter J, Operation Controls for Motor Vehicles, Division 2, Locally
Enforced Motor Vehicle Idling Limitations, Sections 114.510 - 114.512 and
114.517. Changes to these TCEQ Rules shall be incorporated into this
Agreement without requiring amendment of this Agreement.
2. The Local Government agrees to submit the following information to the
TCEQ for the rules listed above not later than forty-five (45) calendar days
after the effective date of this MOA:
a. detailed description of the plan for implementation of these rules;
b. copies of local ordinances or resolutions adopted by each Local
Government to implement these rules; and
c. copies of agreements entered between any Local Government and other
units of Local Government for the purpose of the implementation of these
rules.
3. The Local Government agrees to submit copies of any requisite resolutions
under Section 7.352 of the Texas Water Code to the TCEQ forty -five (45)
calendar days after the effective date of this MOA or within fourteen (14)
calendar days after passage by the local governing body, whichever is later.
(B) The TCEQ agrees to consider this MOA for submission to the EPA for inclusion in
the SIP.
VI. TERM AND TERMINATION
This MOA will become effective upon signature by both Parties and shall expire
on December 31, 2018, unless renewed in writing by mutual agreement of the Parties. A
Party may withdraw from this MOA at any time upon thirty (30) calendar days written
notice to the other Party. This MOA may be terminated at any time by mutual written
consent of the Parties.
VII. MISCELLANEOUS
This MOA represents the entire agreement between the TCEQ and the Local
Government and supersedes all other agreements, understandings or commitments,
written or oral, relative to the intent of this MOA. This MOA may not be amended or
modified except pursuant to a mutual written agreement executed by each of the Parties.
This MOA shall be governed by and interpreted in accordance with the laws of
the State of Texas.
In Witness Thereof, Texas Commission on Environmental Quality and the Local
Government, by their authorized officers, have made and executed this MOA in multiple
copies, each of which is deemed an original.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
By:
Name: David Brymer
Title: Director, Air Quality Division
CITY OF , DENTON
Name •
• George C. Campbell
Title: City Manager
Date
Date