Travis County Commssioners Court
November 19, 2002
The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.
Item 6
Number 6 is to consider request for Travis County to approve early action
compact (eac) for central Texas region, and take appropriate action.
>> hello commissioners, my name is shalene walker, with Travis
County natural resources with me is [inaudible] from campl for. She's their
-- campo, she's their air quality specialist. A brief hopefully update of
what the early action compact is which you are going to be asked to take action
on either today or in a couple of sessions. I believe that I have it there
so you can follow me on paper if it's not on your tv screens here in a minute.
I'm just going to get started. Basically the early action compact is a voluntary,
legally binding clean air action plan similar to the o 3 flex than that you
signed early this year in March. That plan dealt with the one hour ozone standard.
This one would deal with the 8 hour standard. There is a significant difference
that then from what we did earlier in that you only cut about one percent
of the nox emissions under that plan. We are going to be talking about cutting
20%, up to 20% at least probably knox emissions, that's a significant number.
So this is a big deal we are talking about. But it is voluntary. It's working
with the same group of local governments, the e.p.a. And the Texas council
on environmental quality, formerly tnrcc. That we worked with on the 03 flex,
we have to meet all of the terms and milestones under the compact as outlined
by e.p.a., Or else we would revert to a non-attainment designation which is
what we are trying to avoid and what we are trying to work on. Under the e.a.c.
And the caap, which is the clean air action plan, there are some specific
milestones that we would have to reach. I will get to those in just a minute.
We are going to be required to do emissions inventory using current models
and accounting for our future growth. Just like you would have to do under
a non-attainment designation. We will have to do sip, state implementation
plan, we are going to have to do the same type of modeling that the state
and feds do. Local emissions reduction strategy, we will have to delineate
what those are and accident for growth up -- account for growth up to 2012.
Not just a walk in the park, major modeling and technical background that
we are going to have to provide for this effort. The major e.a.c. Milestones
are the first one would be by the end of this year, all 12 injuries dicks
need to decide -- jurisdictions need to decide whether or not they want to
enter into this compact. By the year -- by the end of next year, we would
have to have the plan, the caap, clean air action plan basically done. Saying
that, we really have to have most of our control measures delineated and --
by June of next year, there's a really short time frame that we are talking
about. By March 31st we would have to submit that whole plan to the state
to include it in our state implementation plan. That would have federal law
behind it then. It would be enforceable by the federal government, by the
state government once that happens. By December 31st, 2005, we would have
to have all of our emission strategies in place. When we say that we are talking
about things like an inspection and maintenance program for all vehicles,
or a certain subset of vehicles in the county. We are talking about some controls
on probably non-road vehicles. We are talking about, you know, lawn mowers,
area source pollution, all of those types of things. All of that has to be
in place by the end of 2005, we have to show that we have attained the 8 hour
standard by the end of 2007. The resource that's we are bringing to this process
locally are rider 13 near non-attainment grants that we get from the state.
We are funded through the fiscal year 2003 to do the type of modeling work.
We have already been doing it. We very fortunate in that area. Most states
in the country do not provide that funding. The state of Texas did. And we
have been using that -- on those funds to do the technical work that is going
to be required and we have funding through the year 2003. Clean air force
is already committed to help support us, this is -- has to be a public process,
a stakeholder unput process. They have committed to helping us do that. They
are already putting out an r.f.p. To get a p.r. Consultant to help put in
place very coordinated professional process to -- to bring in stakeholder
and public input. And then what's called the early action compact task force
is a group that I will show you who they are in a later slide, that will be
the group that actually physically puts this plan together with you all's
support. Finally, the tceq and e.p.a. Will provide technical planning assistance
that's really invaluable. What we really need to be able to do this under
the time frame that we have. The benefits of the e.a.c., Really the goal here
is to clean up our air sooner than we would if we were just to sit around
and wait for the e.p.a. To go through their regulatory process and designate
us as non-attain: they have said the earliest they can probably do that is
2004. We are going to get started in January 2003 under this process. It emphasizes
local control and flexibility, just like the 03 flex agreement. We get to
choose that -- the emission control that's we want, that we think will work
here with input from our citizens. It defers our non-attainment designation
date and the negotiated requirements that kathy can talk about if you have
questions about that a little later, in a little more detail. The risks are
it does take some resources, like I said, we got them through fy 2003, we
are asking the legislature to continue those resources, because we do have
to continue doing this through 2007. There are other areas in the state who
are also asking that those funds continue to be supplied. You guys know the
budget situation just as well as anybody. It's a tough year. So those -- we
may not get those. We don't know.
>> is that what's called terp.
>> that's sb 5 funding. These are a separate line of money
that goes through the tceq.
>> what's the [inaudible] state funding.
>> basically grant funding that they just supply through
tceq. I don't know -- [multiple voices]
>> comes from the clean air fund which is the money tceq
collects for perm, penalties, things like that. Last time one million of it
came from the general fund as well.
>> [inaudible]
>> no, this is all state funds.
>> okay. I guess the one thing that I should say about the
risks, if we do this, starts earlier, turns out oh, we didn't get the funding,
oh, we can't meet the requirements that we thought we could. What happens
is we immediately revert to the non-at tapement process under the clean air
act. We don't lose any work. We have basically gotten a head start. So the
work is not in vain, I guess I want to say. The proposed early action compact
signatories like I said are just like the 03 flex agreement, known as the
clean air coalition now. Officially a subcommittee of capco. I know it's getting
confusing with all of the clean air groups out there. These are the members,
12 local jurisdictions, e.p.a. And the Texas center for environmental quality.
The dates that you see are when those local jurisdictions have already voted
to participate in the e.a.c. Or are scheduled to vote on whether or not to
participate. The only one that we are not sure about yet as having scheduled
a vote is san marcos down at the bottom. I am also told that Williamson county
is considering the e.a.c. Today on the 26th. So I just found that out last
night. Finally, the e.a.c. Task force that I mentioned earlier, these are
the members, this is not just staff from the local jurisdictions, just like
with the 03 flex. We are working with all of the other planning organizations
and all of the other private sector groups that can bring some bearing on
to this issue and help us do something about it. Texdot, the lower colorado
river authority, the chamber, private businesses through the chamber, clean
air force, that whole list of folks. We are already ahead of the game in that
we have already got a coalition here that worked very well together on the
03 flex agreement, we are just proposing to now move into the next process,
which is the e.a.c.
>> the only -- I will call it concern, I won't say credit
such, but concern that i've heard expressed out there is that I know that
when we did the 03 flex plan, I know that we are getting an awful lot of credit
for things that we were already doing. And that it was kind of a paper exercise
in terms of getting, you know, points and what all that meant. And the only
question and concern that i've heard raised from some of the environmental
groups is are we getting ready for round two of that on paper it may appear
that we are helping our case, but are we really going to have cleaner air?
What would I tell folks in terms of what this early action compact in reality
is going to accomplish related to cleaner air as opposed to the cynical view
that it's just another paper exercise and we are really not moving the ball
forward.
>> right, we keep saying that this is similar to the 03 flex
agreement and the process is very similar. It is a whole different ball game
in that the 03 flex was to address the one hour standard. We have been in
compliance with the one hour standard since --
>> '85.
>> 1985. So it's -- the chances of -- so it didn't take very
much to stay in compliance under the one hour standard because we have always
been in compliance, so it was a bit of a paper exercise. But there's always
the danger that we go over it. San antonio did recently go over the one hour
standard this past year.
>> almost.
>> they came very close. That could happen to us. It's just
a -- you know, 105 temperature day, prevailing winds away from that happening.
That's what that was about. It was very easy to do that. And that's why we
didn't have to ask the public to really join us. We were just trying to really
pull together and see if we could work as a region on this issue. Now we are
moving into a whole different ball game this that these cuts are going to
hurt. We are going to start hitting people in their pocketbooks, this is going
to be major work that we have to do. We have to come into com plieps with
-- it's not -- com plieps. It's not going to be -- compliance. I and m program,
major things that we are going toave to do. We have to approve that we are
in compliance with the 8 hour standard. I don't know if kathy wants to add
anything to that.
>> I would just add that this process has a semi annual tracing
and reporting system, tracking and reporting system so that the public can
track the progress that you are making. By this June one of the first milestones
that you have to meet is to identify all potential measures that you may implement.
So by nextup, we will have -- but next June you will have a good list of what
we want the public to look at. If we don't meet a milestone, then we are out
of this and we are back into non-attainment.
>> but in terms of cuts which will hurt, would you please
make the point of what will cut and what will hurt if we are in non-attainment
status, what that means for this particular region.
>> what does it mean when we get designated non-attainment.
Basically kathy --
>> that impact life as we know it.
>> the e.p.a. Is still trying to figure out what exactly
will be involved under 8 hour implementation as far as mandatory measures.
If you were a one hour non-at tapement area, specific category, then you would
have mandatory inspection and maintenance. You would have they have mandatory
offsets. We do know some of the things that you would have to do under non-attainment
is the transportation conformity, where if you can't demonstrate that your
emissions stayed below a certain level from your transportation plan, then
your federal funding can be withheld, that can hurt. Again also the industrial
offsets that we would expect some level of that to be mandatory. The other
big thing is that we don't have -- we would not under non-attainment have
the flexibility to decide which measures we wanted to do where. That e.p.a.
And tceq would come in and say, okay, across the board you are going to do
x, y, z. And we would have the option this way of saying, well, now we think
it might work best in this county to do it this way. And over here we will
do it another way. That kind of thing.
>> thank you.
>> [inaudible]
>> yes, sir.
>> okay.
>> looking at the different components of how we are going
to approach reduction in emissions whereby we will be able to sustain the
type of air quality that we need here to ensure that we do not go into a non-attainment
status as experienced by other counties, here in the state of Texas, such
as harris, dallas, I think el paso and -- and probably beaumont and others,
the are some significant things that -- that need to be done. Now, you hit
on a lot of those. But let's just go back to one that you hit on. That was
the inspection type of requirements that would be employed to -- to inspect
vehicles that -- that would have emissions and because we do have vehicle
inspection on a yearly basis. However, there -- there are differences, inspections
according to the type of vehicle that you have that -- that since that is
the biggest portion of our pollution as far as our air is concerned, of basically
tied to vehicles, I wanted to start there first to look at the possibility
of -- of inspections that would have to be done now, but maybe under another
-- a different concept than has been done in the past. Could you delineate
between the two?
>> right. That's one of the advantages of -- of entering
into an early action compact is that right now the state has told dallas,
the dallas region and houston region how to run their inspection and maintenance
program and they required that all the gas stations that are participating
in that program purchase certain types of equipment which is very expensive,
$40,000, for one of the pieces. So -- so they -- we think that we might be
able to design an inspection and maintenance program that would do what we
need to get done here in this area that would catch the polluting cars, the
most egregious polluting cars, but we might not have to set it up the way
the state required dallas and houston and it wouldn't cost as much to run
that program. Yet we could get the same bang for the buck. That's the kinds
of things that we are looking for. We are not going to do whether or not we
can do that until we set up the modeling, make sure that that's going to work.
But that's our goal is to make sure that we are tayloring these programs to
our region and our specific mix of vehicles that we have in here, in this
region as opposed to the mix of vehicle that's are in dallas -- that are in
dallas or the mix of vehicles that are in houston.
>> to follow up on that, the next big category of -- -- of
concerns, well of concerns, that I think would still have to be looked at
would be the construction industry, of course some folks call it off road
equipment. Some people call that type of equipment, what type of response
are we getting from those folks now that -- that as we go through this process
-- making sure we get a clean bill of clean air in this community, what type
of response are we getting from the construction industry, those that are
-- that are using that type of equipment that would pollute the air.
>> well, under -- the chamber of commercer has been working
very closely with the construction industry to sort of start working with
them and educate them and hear from them about what their concerns are. Under
the 03 flex agreement, we didn't work very closely with the construction industry
because we didn't have any measures that would affect them, like I said the
03 flex agreement was really a voluntary public thing. This one is -- the
first time that we are going to be sitting down, the e.a.c. Requires us to
sit down with the stakeholders, have a very open public input process. I assume
that the association of general contractors would be, we are hoping that they
will join, number one, our eac task force, but will work closely with them
to try to figure out what works best for them and for us. I think they want
to be part of the solution. They just want to make sure that they don't get
hammered any harder than anybody else. They are only asked to do what is fair
for their industry, keep their industry alive. It was an antagonistic issue
in houston specifically, that issue and I think that's because the states
and the feds kind of came in and enforced some things on some people and they
didn't feel like it was fair. And there were lawsuits. That's what we are
trying to avoid. We are hoping to be able to sit down and work out something
that's agreeable among everybody and move forward together.
>> two more questions and then I'm going to conclude. But
the power plants, I think something that's been identified, doing the 03 flex
plan situation, those were addressed at that time, under the 03. Under this
e.a.c. Plan, I hopefully the power plant aspect of the missions that's created
by the generated power plant will still be something that will be looked at
in this particular plan, also.
>> yes, sir.
>> okay. It will be.
>> yes, sir.
>> lastly, there was -- I understand about $117 million of
federal money, I think that it's --
>> the c -- the cmac money distributed for the entire state
of Texas, however, I think the way that money has been distributed in the
past was that those particular counties or cities that were in a non-attainment,
that are in a non-attainment status would receive the bulk of the money. Is
that still going to be enforced when we end up going through this process?
And if the court decides to support this through resolution, to support the
e.a.c. Plan, would -- would that money -- any of that money trickle down to
Travis County?
>> i'll let kathy talk a little bit -- basically as the law
is written now, you have to be designated non-attainment to access the congestion
mitigation --
>> okay.
>> air quality money cmac.
>> okay.
>> go ahead.
>> but we are trying -- we have sent word that because this
is a new process, we are asking congress to take a look at that, I will let
kathy add anything that she wants to.
>> just briefly that's part of t 21, which is up for reauthorization
right now. So -- so campo, capco, the clean air coalition, the chamber of
commerce, also the Texas association of npo, the npo in san antonio and the
northeast Texas air group have all passed resolutions supporting extending
the eligibility for cmac funding to near non-attainment areas that enter into
these voluntary agreements and included them in the funding formula. The chamber
in fact took those resolutions to d.c. With them last week. Will be sending
them out everywhere we can think of to send them. Hopefully that should help
this issue. It seems to get -- have been getting some support to change the
t 21 authorization to make these types of areas eligible. So there's a chance,
but I wouldn't count on it.
>> but right now we are receiving what -- maybe about a million
as far as state supported funding.
>> from the rider money.
>> from the rider money at this point, which -- which --
>> that's a million per biennium, that's good through fy
03, it will be up to --
>> but those are state fund, now cmac funds.
>> right, but I'm saying that the amount of funding, not
saying basically who it would come from, but the amount of money that we are
receiving at this point.
>> right.
>> okay. Thank you, that's my final question.
>> who receives it.
>> it goes to capco, basically, they help fund studies at
u.t. We are blessed, that's another reason why we are able to enter into this
process because we have the university of Texas and some of your national
experts on air quality modeling right here in Austin, so that's another resource
that we have at our fingertips.
>> is lack of money an excuse for non-compliance?
>> no.
>> once you are declared non-attainment, no.
>> do you think e.p.a. Will enforce with the same enthusiasm,
even if the economy gets a whole lot worse for the federal government, state
and local governmental entities than it is now?
>> I believe that, yeah, there are several folks who will
ensure that they do. I mean the law is very specific and I mean folks have
already filed intent to sue for not enforcing and so I think there's always
going to be enough pressure to make sure that this -- the clean air act is
very popular and that it's enforced.
>> okay.
>> thank you.
>> so ... In this agreement, basically, we are -- we are
saying that we will do the things set out on page 4, e.a.c. Milestones, by
the dates indicated.
>> yes, sir.
>> and in addition to doing our part, the sitting inventory
to the agreement, basic -- signatory to the agreement basically represent
a partnership that is saying we will work together to get all of this done.
>> yes, sir.
>> by these dates.
>> yes. And I -- one thing that I want to emphasize, if you
agree to sign -- basically it's a memorandum of agreement right now. Just
like in the 03 flex agreement you will sign an agreement that says, yes, we
want to enter into this process. We are all going to hold hands and try to
come up with a plan. By December of next year, we will bring the plan back
to you. You will have an opportunity to bring back the plan. If you do not
like the plan you can say that's it, I'm done, I don't want to do this anymore
and pull out. The other 11 jurisdictions then have the option to say we think
we can do it without you and we are going to go forward or they o.c.a. That's
it, we all don't want to do this.
>> we can say thanks but no thanks. We can do better on our
own. And as long as we meet air quality standards e.p.a. Will pat us on the
back.
>> exactly.
>> but the minute we fail to meet those standards we --
>> which we already fail to ms. Those standards. -- to meet
those standards.
>> for now.
>> the 8 hour. The 8 hour standard, yes, sir. We have violated
-- we have recommend centered -- have registered violations of the 8 hour
standard for the last three years.
>> they became legal when.
>> they became upheld by the state court earlier last year.
The court says yes this standard is legal, but you have to go back and implementation
has to be redone, so they are going back and they have to go through the whole
federal regulatory process which takes a year and a half.
>> I'm not saying we ought to procrastinate, but there has
not been a legal 8 hour standard in place. The courts have said yes the e.p.a.
Can do this, but the e.p.a. Has to do these procedural --
>> yes. So it will take until 2004, probably April. They
have agreed in a consent decree from an intent to sue, a group of environmental
gros and the american lung association filed an intent to sue because they
wanted the e.p.a. To make the designations immediately. E.p.a. Worked out
a consent decree that said we will make the designations no later than April
2004.
>> okay.
>> in terms of us signing off today on any range of a menu
of options that may be out there to comply, we are not doing that today. We
are basically saying we are going to cooperate, collaborate, go through a
very public, public process. If at the end it is something that is amenable
to us we continue for us. If it's not, we have those options to press at that
time.
>> yes, ma'am.
>> so are you -- would it be any problem for this, if we
don't act on it today, would be on the agenda for next week?
>> no, sir. One thing that we are trying -- we are going
to bump up against the christmas holidays. You have until December 31st just
due to the holidays, other jurisdictions are trying to come up with a date
to have a signing ceremony, if everybody agrees to do that it would be before
the holidays, so you really have million mid December.
>> there are counties and cities I guess that already have
supported this particular option of looking at the e.a.c. Plan via resolution.
Of course this is the same vehicle of -- situation that we would be looking
at, also, is in the format of a resolution to say that we would like to go
from -- however, everyone hasn't acted at this time. I could know there are
cities and counties have that have already passed their particular resolutions
to go in this direction, is that the case.
>> right, caldwell county has already voted to do it, as
has the cities of Austin, luling, lockhart and Round Rock, Williamson county
is considering it today at their court meeting. I put a draft resolution in
your packet, item no. 1, attachment number 1. I also handed out per your request,
commissioner Davis, the city of Austin's resolution, which is different from
the one that I drafted. That we can -- we can do whatever. The resolution,
what the resolution says is completely up to you all.
>> that's why -- I didn't -- I didn't get a chance, I would
just like to just look and compare the two.
>> right.
>> and see if there's any -- any need to --
>> I can get you the resolutions for the other jurisdiction
that's have passed it as well.
>> the one that you drafted is based on what?
>> based on a draft that we -- the e.a.c. Task force came
up with. It was handed out to lockhart and luling. I don't even know if they
made any changes to it when they passed it, but that's --
>> I just want to get a chance to review that other portion
of the resolution. And at least until next week. I have no problem with it.
>> we will take a week, no problem. If we sign the agreement
the next milestone really is I guess for us to in good faith start work on
the plan and have it in place by March 31st of 2004.
>> yes, sir.
>> okay. Anything else today?
>> that's it.
>> is our intent to have this back on next week with the
intent that we will land on a final version of whatever resolution --s.
>> that what I said. If you have changes that you want to
recommend, if you will get those to us.
>> we will pass them around.
>> okay. That will be fine.
>> if you all have any observations about the resolution
as drafted please let me know.
>> right.
>> ist e.p.a. Looking for -- is e.p.a. Looking for certain
wording ?
>> in the resolution.
>> no.
>> just a general commitment to early action.
>> right. The early action compact that would be signed at
this signing ceremony, judge Biscoe you would represent the county, that has
been approved by e.p.a. That's the compact itself that's in your -- that's
attachment 2 in your packet. That's their wording and that's the legally binding
document that would move us forward into working on the plan. The resolution,
though, is just --
>> can be short and sweet or --
>> right. Whatever.
>> or long and sweet.
>> anything further today?
>> no.
>> thank you all very much.
Last Modified: Wednesday, April 2, 2003 10:25 AM