HomeMy WebLinkAboutContract 26781 A
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MEMORANDUM OF AGREEMENT
("MEMORANDUM")
I. Parties
This Memorandum is entered into between the Texas Natural Resource Conservation
Commission("TNRCC") and the City of Fort Worth("Fort Worth"), collectively, the"Parties".
II. Intent and Purpose
The intent of this Memorandum is to memorialize the agreement between Fort Worth and the
TNRCC to reduce emissions of oxides of nitrogen (NO j at Alliance and Meacham Airports. The
Parties enter into this Memorandum for the purpose of making Fort Worth's reduction in emissions
of nitrogen oxides (NOJ a part of the Texas State Implementation Plan("SIP").
III. Definitions
As used in this Memorandum, the following terms have the meanings given below:
(A) "EPA" shall mean the United States Environmental Protection Agency.
(B) "Ground Support Equipment"or"GSE"shall mean equipment that is used to service
aircraft during passenger, baggage and/or cargo loading and unloading, maintenance, and other
ground-based operations as identified in the SIP.
(C) "TPD" shall mean tons per day.
IV. Background
(A) The four (4) county region of the Dallas/Fort Worth area has been designated as a
serious non-attainment area for ozone by the EPA.
(B) Under Section 110 of the Federal Clean Air Act, 42 U.S.C. § 7410, each state that
has a non-attainment area must submit a plan to the EPA demonstrating strategies to come into
compliance with the National Ambient Air Quality Standards ("NAAQS").
(C) Section 110 of the Federal Clean Air Act, 42 U.S.C. § 7410 also requires Texas to
submit to the EPA for approval any SIP revisions and to demonstrate that such SIP revisions will
assist the Dallas/Fort Worth non-attainment area in reaching the NAAQS.
(D) Alliance and Meacham Airports, which are owned and operated by Fort Worth,
consist of one or more sources as defined in Tex. Health & Safety Code § 382.003(12).
(E) TNRCC has calculated that the projected total 2007 NO.,emissions from GSE for the
Dallas/Fort Worth nonattainment area is 6.8 tpd.
(F) On April 19, 2000, the TNRCC Commission adopted a revision SIP for the
Dallas/Fort Worth area. The SIP revision includes a ninety percent (90%) reduction of NO.,
emissions from GSE. In order to reduce GSE emissions by ninety percent (90%), there must be a
reduction of 6.12 tpd of NO., in the non-attainment area.
V. Obligations of Parties
(A) Fort Worth agrees as follows:
In accordance with the terms of this Memorandum, Fort Worth agrees to implement
strategies to obtain reductions in the NO,,emissions at Alliance and Meacham Airports by December
31, 2004. Fort Worth agrees that the amount of NO., emissions reductions that Fort Worth is
responsible for achieving at Alliance and Meacham Airports is 0.039 tpd. Fort Worth agrees to
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submit to the Executive Director of the TNRCC by May 1, 2002, its plan to achieve this reduction.
The emission reduction plan submitted by Fort Worth must demonstrate in sufficient detail
the strategies that will be in place by December 31, 2004, to achieve the required amount of 0.039
tpd reductions in emissions of NOX at Alliance and Meacham Airports. Fort Worth may choose(but
is not required) to make reductions from the following strategies:
1. Managing efficiencies of onsite combustion sources;
2. Retrofit and upgrade of onsite HVAC equipment; and/or
3. Electrification of onsite GSE and/or other aircraft,terminal or airport support
equipment.
In lieu of Fort Worth's implementation of one or more of the strategies described above, Fort
Worth may propose one or more alternative strategies, subject to approval by the TNRCC. Fort
Worth may also comply with all or any part of its commitments through the use of NOx emission
control measures which have been achieved elsewhere within the nonattainment area, or the
purchase of NOx emission reduction credits or offsets, as long as such actions are creditable
pursuant to the TNRCC Emissions Banking Program as defined in 30 TAC § 101.29, or
successor regulations, and Fort Worth can reasonably demonstrate that such measures have
resulted in NOx emission reductions at least equal to those required or expected from the
commitment being substituted. The emission reduction plan and alternative strategies will be
approved, provided the emissions reductions or the effect on the environment from such
alternative strategies will achieve a reduction of 0.039 tpd in NOx emissions at Alliance and
Meacham Airports, and the potential strategies set forth above and the alternative strategies are
not duplicative of strategies relied upon in the most recent SIP approved by the TNRCC as of the
date which that strategy is included in the emission reduction plan submitted by Fort Worth. Fort
Worth may submit this plan anytime after January 1, 2001 in order to ensure that strategies are
not duplicative. The plan may be revised to include alternative strategies which would then be
evaluated using the SIP existing at the time of the revision. If Fort Worth elects to propose an
alternative strategy, it will submit to the TNRCC Executive Director all information reasonably
necessary to evaluate and approve the alternative strategy as part of its reduction plan, which
approval shall not be unreasonably withheld.
(B) TNRCC agrees as follows:
The TNRCC agrees to support this Memorandum as a revision to the SIP and to recommend
that the Governor submit it as such to the EPA.
The TNRCC will not require Fort Worth to regulate the activities of entities that use Alliance
and Meacham Airports.
VI. Term
The term of this Memorandum shall begin upon signature and approval by all Parties and
shall expire on December 31, 2007 unless sooner terminated by mutual written consent of both
Parties.
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VII. Miscellaneous
This Memorandum represents the entire agreement between the TNRCC and Fort Worth with
regard to the subject matter of this Memorandum and supersedes all other agreements,
understandings or commitments, written or oral relative thereto.
This Memorandum may not be amended or modified except pursuant to a mutual written
agreement executed by each of the Parties.
This Memorandum shall be governed by and interpreted in accordance with the laws of the
State of Texas, without giving effect to the conflicts of laws thereof.
Both Parties represent they have authority to enter into this Memorandum, including the
authority granted in the Texas Government Code Chapter 791,Interlocal Cooperation Contracts,and
upon approval of both the TNRCC Commission and Fort Worth's governing body,it will be binding
on both Parties.
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In Witness Whereof,TNRCC and Fort Worth,by their authorized officers,have made and
executed this Memorandum in multiple copies, each of which is deemed an original.
Texas Natural Resource Conservation Commission
"TNRCC"
By:
Naine: Jeffr A. tas, P.E.
Title: Ex utiv irector
City of Fort Worth, Texas
"Fort Worth"
By: (-
Name: Charles Boswell
Title: Assistant City Manager
ATTEST
By:
Name: Gloria Pe son
Title: City Secretary
APPROVED AS TO FORM AND LEGALITY:
B i / i`
Assi k0city M me
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G��coED
With H, TEE
PASSED AND APPROVED at the regular meeting of the Texas Natural Resource
Conservation Commission on
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
i
F t e C i ion
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' City of Fort Worth, Texas
"611jor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/12/00 **C-18387 52NOX 1 of 2
SUBJECT APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION FOR REDUCING NITROGEN OXIDE
EMISSIONS (NOX)AT CITY-OPERATED AIRPORTS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Texas
Natural Resource Conservation Commission (TNRCC) providing for the reduction of nitrogen oxide
emissions (NOx) at Alliance Airport and Meacham International Airport as part of the Texas State
Implementation Plan (SIP); and
2. Authorize this agreement to begin upon signature, and expire December 31, 2007.
DISCUSSION:
Under the terms of the agreement, the City of Fort Worth agrees to implement yet to be identified
strategies to obtain reductions in the nitrogen oxide emissions at Alliance Airport and Meacham
International Airport. The agreed upon emission reduction to be achieved is 0.039 tons per day (TPD).
This 0.039 TPD represents Fort Worth's share of the region's approximately 7 TPD reduction needed.
The remainder of the emission reductions will be realized via similar agreements with the city of Dallas
and DFW International Airport.
Fort Worth is to submit a plan to achieve this 0.039,TPD (aggregate between the two airports) reduction
after January 1, 2001, but no later than May 1, 2002.
The plan submitted must demonstrate, in detail, that the strategies will be in-place and will result in
reduction of NOx emissions by the required amount by December 31, 2004. Strategies suggested
include 1) managing efficiencies of onsite combustion sources, 2) retrofit and upgrade of onsite HVAC
(heating, ventilation, and air-conditioning) equipment, and/or 3) electrification of onsite ground support
equipment and/or other aircraft, terminal or airport support equipment. Fort Worth may also elect to
propose alternative strategies for the TNRCC's approval, but must be able to show that their use will
achieve the desired reduction.
The TNRCC agrees to support this MOU as a revision to the SIP, and to recommend that the Governor
of the State of Texas submit it to the Environmental Protection Agency. The TNRCC will not require the
City to regulate the activities of entities that use Alliance Airport and Meacham International Airport.
City of Fort Worth, Texas
"agor and Council Communication
DATE REFERENCE NUMBER LOG NAMEPAGE
12/12/00 **C-18387 52NOX 2 of 2
SUBJECT APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION FOR REDUCING NITROGEN OXIDE
EMISSIONS (NOX) AT CITY-OPERATED AIRPORTS
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no immediate material effect on City funds.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 851.1APPROVED. CITY COUNCIL
Originating Department Head:
Brian Boerner 8079 (from) OEC 12 2000
Additional Information Contact:
City Secretary od the
City of Fort yyoxth Texas
Brian Boerner 8079