HomeMy WebLinkAboutResolution 1983-013
CITY OF NORTH RICHLAND HILLS
RESOLUTION NO. 83-13
WHEREAS. the Environmental Protection Agency is considering imposing
certain sanctions on the Dallas/Fort Worth Metroplex area because of alleged
failure to meet air quality standards; and
WHEREAS. such sanctions. if imposed. might include withholding of
funds for highway construction and sewage treatment plants; and
WHEREAS. the withholding of such funds would have a serious negative
impact on the citizens of North Richland Hills; and
WHEREAS. there is substantial reason to believe that the imposing of
such sanctions is unwarranted and unfair. as outlined in the attached position
statement prepared by the North Central Texas Council of Government; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS. TEXAS. that the attached position statement be adopted and approved; and
therefore
BE IT FURTHER RESOLVED. that this resolution and the attached
position statement be transmitted to the Environmental Protection Agency and
Congressmen representing this area with the request that the remedies called
for therein be approved.
Passed and Approved this
25th day of
April
. 1983.
Pro Tem
ATTEST:
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City Secretary
North Central Texas Council of 60vernments
P. O. Drawer COG Arlington, Texas 76005-5888
FROM: Florence Shapi ro DATE: March 28. 1983
President, North Central Texas Council of Governments
Mayor Pro Tern, City of Plano
Bob Bolen
Chairman, Regional Transportation Council
Mayor, City of Fort Worth
TO: Selected Local Government Officials in North Central Texas
SUBJECT: Regional Comments on Proposed Federal Sanctions Under Clean Air Act
Enclosed for your information and action is a joint NCTCOG Executive Board-
Regional Transportation Council position statement pertaining to the proposed
U. S. Environmental Protection Agency (EPA) construction and funding sanctions.
As you may be aware, the proposed sanctions include a moratorium on the
construction of major polluting facilities, and the withholding of funds for
air quality planning, highway construction, and sewage treatment plants. These
proposed sanctions by EPA result from air quality violations and would affect
all cities within Dallas and Tarrant Counties.
This position statement has also been sent to members of the Texas delegation
in the U. S. Congress. We encourage your jurisdiction to take action on this
issue and encourage your use of the attached statement. The deadline for
comments to EPA is March 21, 1983; however, recent information indicates that
this will be extended to May 5, 1983. Comments should be sent to--
Central Docket Section (A-130)
Docket No. A-83-01
U. S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Comments to U. S. Senators and Representatives are encouraged.
If you have any questions on this matter, please contact Gordon Shunk, Director
of Transportation and Energy, NCTCOG, (817) 461-3300. We appreciate your
support.
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Enclosure
Centerpoint Two 616 Six Flags Drive Dallas/Fort Worth Metro 817/461-3300
North Central Texas Council of 60vernments
P. O. Drawer COG Arlington. Texas 76005-5888
Comments on the Proposed U.S. Environmental
Protection Agency Construction and Funding Sanctions
(48 Federal Register 4972, "Compliance with the Statutory
Provisions of Part D of the Clean Air Act," February 3, 1983)
The following comments are provided by the Executive Board of the North
Central Texa.s Counci 1 of Governments (NCTCOG) and the Regional Transportation
Council (RTC). The Governor of Texas designated NCTCOG as the Metropúlitan
Planning Organi zat ion (MPO) for the Dallas-Fort Worth area and as the 1 ead
agency for transportation - air quality planning, with the RTC serving as the
transportation policy body for the MPO.
Local officials in the Dallas-Fort Worth metropolitan region support the
continuation of effective air quality standards; however, they recolTl11end an
appropriate balance among air quality, mobility, and economic objectives. This
tradeoff among objectives is the joint reponsibility of the citizens of this
country, local and state officials, the United States Congress, and the
Ennvironmental Protection Agency. Specific cOlTl11ents on the proposed U.S.
Environmental Protection Agency (EPA) construction and funding sanctions are
described below.
Section 1.
Ozone data from air quality monitoring stations in Dallas. Tarrant, and
surrounding counties should be reexamined by local governments, the Texas Air
Control Board (TACB), and the U.S. Environmental Protection Agency to assure
that accurate data are used in a consistent manner for determining whether
air quality standards are being met. Factors which may cause these data to be
inaccurate. incomplete, or not representative should be identified. The
following three items highlight these concerns.
· Inaccurate - The ozone data presently utilized by all parties has not yet
been validated and approved. The effect of ozone transport on these values
has not been adequately considered.
· Incomplete - Because the deadline for implementing air quality control
strategies was December 31. 1982, the ozone data for 1982 does not account
for air quality improvements made since the end of the 1982 ozone season
(i.e., September). Ozone data collected in 1983 would measure the
effect i veness of these projects, espec i ally the recent improvement in new
car turnover.
· Not Represeñtative - The location of Continuous Air Monitoring (CAM)
equipment at non-typical locations (e.g., airport grounds) can often be
measuring a localized and therefore non-representative condition.
Centerpoint Two 616 Six Flags Drive Dallas/Fort Worth Metro 817/461-3300
Section 2.
The EPA should be encouraged to redesignate Tarrant County to a Tier I
nonattainment status because of technical and statistical questions about data
used to determine that Tarrant County exceedances warrant Tier II status. This
redesignation would result in a sanction-free period until July 1, 1984. There
are three reasons for this redesignation to Tier I.
I The fourth highest ozone value over the last three years for Tarrant
County equals the determination point used by EPA for tier
designations (i .e., 0.14). The present procedure used by EPA to
determine the tier designation of each local area does not adequately
account for variable meteorological conditions from year to year.
I Of the 12 total ozone exceedances in Tarrant County between January
1980 and December 1982, 11 occurred on days with a 5 to 10 mi 1 e per
hour wind from the direction of neighboring Dallas County. Consistent
with the July 3, 1982, Federal Register notice [48 FR 4975J, these
transport effects of ozone should be considered in the attainment
des i qn at ion s.
I Because the deadline for implementing air quality control strategies
was December 31, 1982, the 1982 ozone data does not account for recent
improvements. This is especially true of the turnover in new
vehicles.
Section 3.
Congress and the EPA shou 1 d be encouraged to revi ew whether the present Clean
Air Act requirements which permit the ozone standard to be exceeded only
three times in three years are reasonable and appropriate. There are two
concerns with regard to the ozone standard. The first concern specifically
addresses the three-year standard. Given this standard, the earliest date
that Dallas and Tarrant could reach attainment is January 1,1986. This time
frame applies even if Dallas and Tarrant Counties do not exceed the ozone
standard in 1983, 1984, and 1985. In addition to the time-frame portion of the
standard, EPA and Congress need to address specifically the appropriateness of
the 0.12 ppm ozone standard. Careful evaluation of the tradeoffs among air
quality standards, mobility, and economic effects should be considered. For
example, in fiscal year 1983 a loss of $150 million in roadway construction in
the Dallas-Fort Worth area would increase unemployment by 12,000 persons.
Section 4.
The EPA should be encouraged to recognize that its "approval" of the 1979
Texas State Implementation Plan (SIP) constitutes a determination that the plan
was "adequate" and as a result, sanctions should not be imposed on highway
construction, sewage treatment, and air quality planninq funds. The 1979 Texas
State Implementation Plan was developed, submitted, and implemented on time
according to EPA regulation.
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Section 5.
The EPA should be encouraged to reinitiate the State Implementation Plan
process in order to assure continued effort toward obtaining the ambient air
qua 1 ity standards. If construct ion or fundi ng sanct ions are imposed unt i 1
standards are met, an estimate of the mobility and economic impact of such a
policy should be documented by EPA [48 Federal Register 4977J.
Section 6.
The Congress should be encouraged to modify the Clean Air Act so as to
address specifically situations, such as that found in Dallas and Tarrant
Counties, wherein standards were violated even though the State Implementation
Plan had indicated they would not be. This concern specifically addresses use
of emission reduction data to determine the air quality components and
approval of a State Implementation Plan and ozone data to determine the
attainment status and imposition of sanctions. As a result, the local and
state governments are at the discretion of the EPA with regard to the
relationship of anticipated emission reductions and projected changes in ozone
values. If this relationship developed by EPA is incorrect, the local areas,
not EPA, suffer the consequences.
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