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The EAC consists of two components - the Compact, which is a commitment to develop and implement a regional air quality plan according to a specified schedule, and the Plan, which is the regional air quality plan that would achieve attainment of the 8-hour standard by 2007.
Why should the public care about meeting ozone standards?
Ground level ozone is a health hazard that can permanently damage lungs and reduce lung capacity. Central Texas is expected to continue violating the Federal health based (8-hour) ozone standard and be designated nonattainment by the EPA. Meeting the 8-hour standard will require emission reduction strategies that go beyond local government operations and will likely affect activities of the general public.
How does the EAC differ from the O3 Flex Agreement?
The EAC is similar to the O3 Flex Agreement Central Texas adopted in March 2002 in that they both provide flexibility in choosing local air quality improvement strategies. The O3 Flex Agreement addresses the 1-hour ozone standard; the EAC would be developed to comply with the tougher 8-hour standard.
What is the timeline for participation?
The region committed to the EAC process and signed the EAC on December 19, 2002. The plan, including specific emission reduction strategies, would be developed by early 2004, state approvals would come at the end of 2004, and implementation would begin by 2005.
What does a nonattainment designation mean for Central Texas?
Regions that violate federal air quality standards must comply with mandatory Clean Air Act (CAA) requirements. These requirements include:
Transportation Conformity - Requires a demonstration that regional long-range transportation plans will not negatively impact air quality or federal transportation funds can be withheld.
New Source Review - Requires a review of new or expanded industrial operations to minimize air pollution. Industry may be required to offset emissions growth.
Rate of Progress Requirements - A certain percentage of pollutants must be reduced each year. A 10-year maintenance plan after attainment that includes additional or continuing mandatory programs. In addition, a nonattainment region must agree to state-prescribed emission reduction strategies. These become part of the SIP, enforceable by State and Federal government and offering little local flexibility.
What are the costs associated with EAC versus nonattainment?
Both EAC and a nonattainment designation will require substantial staff and financial resources. Under an EAC, the local area is responsible for modeling, analysis and documentation. Under nonattainment, the state is primarily responsible for all tasks except transportation planning analyses and conformity. Funding for much of the EAC is currently available through Texas legislative appropriations for nearnonattainment areas, approved through FY 2003 and being requested in the upcoming session. There is no guarantee that this funding will be continued past FY 2003. The EAC process will require resources sooner than waiting for a nonattainment designation. However, there are no substantial requirements after 2007 under the EAC; nonattainment requires a 10-year maintenance plan with mandatory requirements to begin after attainment.
Under the EAC, the tangible costs of nonattainment (mandated industry emission offsets, transportation conformity and potential loss of Federal transportation funding) can be avoided. Harder to quantify are the health benefits of reduced pollution under the EAC, and the nonattainment costs associated with the stigma of designation and a deteriorating environment and quality of life. Finally, since failure to meet designated milestones would trigger a standard SIP process, it is possible that the EAC up-front expenditures of resources could be ultimately folded into the nonattainment process or lost.
How likely is it that Central Texas will be declared nonattainment?
It is very likely. Favorable weather could result in a "good year" for ozone, but long-term emissions growth projections indicate that the region could not maintain 8-hour standard compliance over the long term without implementing emission reduction strategies.
Who would enforce the EAC?
The enforcement of the EAC would be the responsibility of local, state and federal government. Agreed-upon emission reduction strategies specified in the EAC plan will be adopted as rules through state authority and
become law. They will also become part of the State Implementation Plan (SIP) and be federally enforceable. For example, a state-approved I&M program, if implemented in some parts of Central Texas under the EAC plan, would be enforced by the Department of Public Safety.
What are the Pros and Cons of the Early Action Compact vs. Nonattainment?
EAC Pros |
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EAC Cons |
Protects public health - early action means healthy air sooner than waiting for nonattainment |
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Short timeline to develop and implement plan, limits technical data and tools |
Offers maximum local control and flexibility |
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Local control means local accountability |
Early implementation and early attainment (early in and early out) |
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No nonattainment designation, so no federal nonattainment transportation funding (CMAQ funds) unless changed in current TEA 21 reauthorization process |
No nonattainment designation avoids required industry emission offsets, transportation conformity, and 10-year maintenance plan. |
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Nonattainment Pros |
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Nonattainment Cons |
Federally required, so federal and state accountability |
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Takes years longer to achieve healthy air in the region. |
Longer timeline - more robust data set in developing control strategies |
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Minimal local control and flexibility. |
Some federal nonattainment transportation funding (CMAQ funds), limited use |
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May have mandated control strategies that are not necessarily effective locally. |
Nonattainment designation includes required industry emission offsets, transportation conformity, and 10-year maintenance plan. |
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Nonattainment label may negatively impact economic development efforts. |
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