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Item 8BCITY OF SOUTHLAKE MEMORANDUM June 1, 2011 To: Southlake City Council From: Ken Baker, AICP — Director of Planning & Development Services Subject: Resolution No. 11 -029, 2011 DFW State Implementation Plan for Ozone Action Requested: Consider adoption of recommendations made to the Texas Commission on Environmental Quality and Environmental Protection Agency to implement measures for emissions of VOCs from the development of Barnett Shale resources throughout the DFW non - attainment area, including the requirement of no -bleed pneumatic valves, vapor recovery, electric compressors, flaring and venting bans, and green completions. Background Information: City Councilmember Zito has requested that City Staff bring forward a resolution supporting the "Fair Share for Clean Air Campaign." Financial Considerations: None. Strategic Link: Safety and Security, Quality Development, and Partnerships and Volunteerism. Citizen Input/ Board Review: May 17, 2011 City Council Discussion Item Legal Review: This resolution is under review by the City Attorney. Alternatives: 1) Approve the resolution as presented; 2) Approve with modifications to the proposed resolution; 3) Deny the proposed resolution. Supporting Documents: None RESOLUTION NO. 11 -029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR THE REDUCTION OF BARNETT SHALE SOURCE VOLATILE ORGANIC COMPOUNDS (VOCs) IN ORDER TO COMPLY WITH THE RATE OF FURTHER PROGRESS REQUIREMENTS SET FORTH IN THE PROPOSED 2011 DFW STATE IMPLEMENTATION PLAN FOR OZONE WHEREAS, the City of Southlake, Texas, is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake recognizes in its Comprehensive Plan (Southlake 2025 Plan) that air quality is a serious problem in North Central Texas and may impact the quality of life of its citizens by causing health problems, damaging natural resources, and damaging property; and WHEREAS, a specific objective of the Comprehensive Plan (Southlake 2030) is to protect and enhance air quality in coordination with federal, regional and local agencies; and WHEREAS, the United States Environmental Protection Agency ( "EPA ") has designated the nine - county area of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant counties as a nonattainment area under the 1997 8 -hour ozone National Ambient Air Quality Standards ( "DFW non - attainment area "), effective June 15, 2004; and WHEREAS, the DFW non - attainment area failed to meet the 1997 85 parts per billion federal ozone standard (EPA's National Air Quality Standards for Ozone) and is classified as a "serious" violator of the federal Clean Air Act for the 8 hour ozone non - attainment area; and WHEREAS, the Texas Commission on Environmental Quality and the U.S. Environmental Protection Agency must develop control strategies and measures to enable the DFW non - attainment area to achieve compliance with the 1997 85 ppb ozone standard thorough submittal of a complete and adequate State Implementation Plan for Ozone; and WHEREAS, since 2005 the DFW non - attainment area has experienced and expects to continue rapid growth in the development of Barnett Shale natural gas and oil resources, and WHEREAS, the emissions of VOCs from development of Barnett Shale resources are unregulated by any previous DFW State Implementation Plan for Ozone; and WHEREAS, the City of Southlake, pursuant to its comprehensive regulations governing Barnett Shale gas drilling operations, endeavors to improve air quality standards within its corporate boundaries; and WHEREAS, the City of Southlake requires Barnett Shale gas drilling operations within its corporate boundaries to maintain continuous air quality monitoring for a defined period of time; and WHEREAS, the City of Southlake requires the use of no -bleed pneumatic valves and electric motors for compression on equipment associated with Barnett Shale gas drilling operations within its corporate boundaries; and WHEREAS, the City of Southlake prohibits the venting or flaring of gas as result of Barnett Shale gas drilling operations within its corporate boundaries; and WHEREAS, the City of Southlake requires the use of vapor recovery and thermo oxidizer units on equipment associated with Barnett Shale gas drilling operations within its corporate boundaries where appropriate, as determined by a professional petroleum engineer or consultant. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: URGES THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND ENVIRONMENTAL PROTECTION AGENCY TO: Section 1: The City Council urges the Texas Commission on Environmental Quality and Environmental Protection Agency to implement control measures for emissions of VOCs from the development of Barnett Shale resources throughout the DFW non - attainment area, including the requirement of no -bleed pneumatic valves, vapor recovery, electric compressors, flaring and venting bans, and green completions as part of their efforts to meet Rate of Further Progress goals for the 2011 DFW State Implementation Plan of Ozone. Section 2: The City Council requests that Texas state and federal representatives work with us to ensure that TCEQ implements VOC controls on gas industry facilities and equipment in the 2011 DFW State Implementation Plan for Ozone. Section 3: This resolution shall become effective after its passage and approval by the City Council. PASSED AND APPROVED THIS THE DAY OF , 2011. CITY OF SOUTHLAKE, TEXAS John Terrell Mayor ATTEST: Alicia Richardson, TRMC City Secretary