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HomeMy WebLinkAbout024230 RES - 09/19/2000RESOLUTION URGING THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION TO CONTINUE ITS SUPPORT FOR THE FLEXIBLE ATTAINMENT REGION MEMORANDUM OF AGREEMENT FOR NUECES AND SAN PATRICIO COUNTIES AND OPPOSING THE APPLICATION OF PORTIONS OF THE "HOUSTON-GALVESTON CLEAN AIR RULES AND PLANS" TO NUECES AND SAN PATRICIO COUNTIES WHEREAS, Texas has complex air quality issues requiring a regional approach to assure clean air for all of Texas; and WHEREAS, in 1996 Nueces and San Patricio Counties acting through the Corpus Christi Air Quality Committee finalized a five-year plan for identifying actions that have been implemented by residents and businesses on a voluntary basis to control and reduce air pollution including ambient ozone, and said plan was formalized in a flexible attainment region memorandum of agreement approved by the U.S. Environmental Protection Agency and the Texas Natural Resource Conservation Commission; and WHEREAS, residents and businesses of Nueces and San Patricio Counties have faithfully carried out the provisions of the plan embodied in that agreement successfully reducing and controlling ambient ozone so that Nueces and San Patricio Counties comprising the Corpus Christi urban airshed are in attainment of the National Ambient Air Quality Standard for ozone adopted by the U.S. Environmental Protection Agency pursuant to the Clean Air Act, including both the standard based on a one hour average and the standard based on an eight hour average, and gaining recognition for their efforts: Mr. Jeffrey A. Saitas, Executive Director, Texas Natural Resource Conservation Commission, said to the Senate Natural Resources Committee in Corpus Christi on June 29, 2000, that the Corpus Christi area should be recognized for its proactive efforts to control ambient ozone, and that the results are showing up on the monitors; and Mr. Carl E. Edlund, P.E., Director, Planning and Permitting Division, U.S. Environmental Protection Agency Region 6 said in Corpus Christi on August 8, 2000, that the Corpus Christi area has received national recognition for its proactive and successful efforts to control ambient ozone and maintain attainment status; and WHEREAS, prior to completion of the five year plan in 2001, Nueces and San Patricio Counties acting through the Corpus Christi Air Quality Committee intend to develop a new five year plan of voluntary measures to assure continued attainment status, and to seek approval by the U.S Environmental Protection Agency and the Texas Natural Resource Conservation Commission; and R03833A2.dOG 4 2 3 0 2 WHEREAS, local small businesses have participated in an extremely effective voluntary emissions reduction program administered by Texas A&M University-Corpus Christi, the Pollution Prevention Partnership, on the basis that their efforts would remove the need for mandatory control requirements and the TNRCC's extension of controls to the area as a component of rules intended to satisfy the requirements of a SIP for the Houston- Galveston area is viewed as a violation of their trust will lead to their dropping out of the program; and WHEREAS, the Texas Natural Resource Conservation Commission reviewed proposed "Houston-Galveston Clean Air Rules and Plans" at its meeting on August 9, 2000, and took action to authorize its staff to formally propose said rules; and WHEREAS, three of the rules would apply to residents and businesses of Nueces and San Patricio Counties and increase costs for living and conducting business, including a rule that would increase the cost of air conditioning by requiring use of a commercially unproven technology; and WHEREAS, research funded from local sources in Nueces and San Patricio Counties and performed by the Environmental Engineering Program of Texas A&M University - Kingsville has shown conclusively that that air emissions in Nueces and San Patricio Counties does not affect the level of ambient ozone in Houston (and indeed does not affect the non-attainment status of any urban area in Texas) and this conclusion has been reviewed, verified and agreed to by staff of the Texas Natural Resource Conservation Commission; and WHEREAS, the Texas Natural Resource Conservation Commission has worked hard to confirm the regional transportation of ozone precursors, indicating a need for a regional strategy for eastern and central Texas, but has not yet made the sound science effort to determine if Nueces and San Patricio Counties should be included in such a regional strategy, and inclusion of Nueces and San Patricio Counties in the proposed strategy for eastern and central Texas is not supported by sound science; and WHEREAS, it is important to all of Texas that businesses be free to locate where the air is clean and the capacity for growth exists without the onerous restrictions of non- attainment areas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Texas Natural Resource Conservation Commission is urged to continue its partnership with the residents and businesses of Nueces and San Patricio Counties by modifying the proposed "Houston-Galveston Clean Air Rules and Plans" to eliminate rules proposed for Nueces and San Patricio Counties and instead provide recommendations which can be considered for inclusion in the next five year plan and renewal of the flexible attainment region memorandum of agreement in 2001. SECTION 2. The Texas Natural Resource Conservation Commission is urged to modify the proposed "Houston-Galveston Clean Air Rules and Plans" so that the R03833A2.doc regional strategy is based on sound science and does not include Nueces and San Patricio Counties. SECTION 3. The Texas Natural Resource Conservation Commission is urged to modify the proposed "Houston-Galveston Clean Air Rules and Plans" so that the rules do not affect Nueces and San Patricio Counties or any other areas of the state that do not affect air quality in Houston. ATTEST: Armando Chapa City Secretary APPROVED:/z'//l~day of .~/~'~-- James R. Bray Jr. City Attorney By: Firstant City ,~ttorney R. J R ~ning THE CITY OF CORPUS CHRISTI ,2000. R03833A2.doc Corpus Christi~ Tex s The above resolution was passed by the foliowine vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 4