HomeMy WebLinkAbout2002-047-05/07/2002-APPROVING THE AIR QUALITY REDESIGNATION OF THE FORT COLLINS AREA ATTAINMENT STATUS FOR CARBON MONOXI RESOLUTION 2002-047
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE AIR QUALITY REDESIGNATION OF THE FORT COLLINS AREA
TO ATTAINMENT STATUS FOR CARBON MONOXIDE
AND THE RELATED MAINTENANCE PLAN,
AND DIRECTING THE CITY'S REPRESENTATIVE TO
THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING
COUNCIL TO SUPPORT THE SAME
WHEREAS,the Fort Collins area has, since 1982,been designated a"non-attainment"area
for carbon monoxide, pursuant to federal Clean Air Act ("CAA") requirements and the Colorado
State Implementation Plan ("SIP"); and
WHEREAS, no violations of the applicable CAA National Ambient Air Quality Standard
for carbon monoxide have occurred in the Fort Collins area since 1992,making the area eligible for
redesignation as an "attainment" area for carbon monoxide; and
WHEREAS,in connection with the redesignation of the Fort Collins area as an"attainment"
area, the North Front Range Transportation and Air Quality Planning Council ("NFRTAQ" or the
"MPO"),which has been designated as the lead air quality planning agency for the Fort Collins area,
is responsible for preparing and providing to the State of Colorado for review a maintenance plan
that meets the requirements of the CAA, including a demonstration that the area will maintain
compliance with the applicable air quality standard for a period of at least ten years after
redesignation; and
WHEREAS,the process for redesignation and maintenance plan requires that the Colorado
Air Quality Control Commission ("AQCC") review and approve the same, after which legislation
approving the redesignation and maintenance plan and making a parallel revision to the Colorado
SIP must then be adopted by the Colorado General Assembly, to be submitted to United States
Environmental Protection Agency ("EPA") for final approval of the redesignation; and
WHEREAS, the Colorado General Assembly is in the process of adopting House Bill 02-
1411, which authorizes the AQCC to carry out the review and approval of the Fort Collins
redesignation and maintenance plan, and related SIP amendments, with no further action by the
General Assembly; and
WHEREAS, the AQCC has scheduled a public hearing on July 17, 2002, to receive
testimony and consider the redesignation and maintenance plan for Fort Collins; and
WHEREAS, the MPO has worked with City staff, and with the Colorado Department of
Health and Environment ("CDPHE"), to develop a maintenance plan that complies with the
applicable federal and state requirements, subject to possible modification to correct vehicle miles
traveled ("VMT") and emissions projections for 2005, and to reflect more accurate wood burning
emissions data(the "Proposed Maintenance Plan"); and
WHEREAS, the Proposed Maintenance Plan, a draft of which, dated April 11, 2002, is on
file in the Office of the City Clerk and available for public inspection, also includes an emissions
budget for vehicle emissions, as required by federal law, which emissions budget will be used for
conformity determinations to be made by the MPO in connection with decision-making for planning
and funding transportation projects in the Fort Collins area; and
WHEREAS,the Proposed Maintenance Plan demonstrates that applicable federal air quality
standards will be met in the Fort Collins area through 2015 without the continuation of existing
inspection and maintenance ("IM") and oxygenated fuels programs; and
WHEREAS, Colorado statute requires that a maintenance plan submitted to the EPA
pursuant to the CAA not require any programs that are not necessary to achieve compliance with
applicable federal air quality standards, and thus the Proposed Maintenance Plan does not include
a continuation of the existing IM and oxygenated fuels programs; and
WHEREAS,in view of the existing City Council policy objective of continually improving
Fort Collins' air quality as the city grows, City staff has raised with the MPO and CDPHE concerns
regarding the removal of these programs, which is likely to result in a deterioration of air quality in
Fort Collins; and
WHEREAS, CDPHE has in response agreed to include as a non-federally enforceable
component of the Proposed Maintenance Plan and to present to the AQCC, a proposal that CDPHE
work with the City to continue the IM program in Fort Collins until an acceptable alternative can be
found to replace it or until it is no longer practical to continue to implement the program; and
WHEREAS, because Colorado law requires that redesignation proceed once an area is
eligible for such redesignation,and because Colorado law further restricts the inclusion of programs
in the SIP that are not required to meet federal air quality standards, cooperation by the City in
carrying out the redesignation in accordance with the above-described arrangements and agreements
is in the best interests of the City; and
WHEREAS, City staff is in the process of working to evaluate additional local control
measures that the City may choose to implement in order to continue to improve air quality in the
Fort Collins area, and will in the future present to the City Council alternatives for action to be
considered in that regard.
NOW, THEREFORE,"BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Proposed Maintenance Plan, as described hereinabove, is hereby
approved.
Section 2. That the City Council's designated representative to the MPO is hereby
directed to vote in support of the Proposed Maintenance Plan, as described herein, and to take such
other actions as may be necessary or appropriate to advance the intent of the Council as stated in this
Resolution.
Section 3. That the City Manager is hereby directed to continue to investigate and
evaluate potential local controls and actions that will advance the City Council's policy objective
of continuing to improve air quality in Fort Collins, and to bring forward possible alternatives for
action in that regard at the next regular update of the City's Air Quality Action Plan.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
7th day of May A.D. 2002.
Cyor �.
ATTEST:
City Clerk