RES 1279 04/27/2004 A RESOLUTION OF THE CITY OF CIBOLO URGING THE GUADALUPE COUNTY
COMMISSIONERS' COURT TO FILE A PETITION IN FEDERAL COURT CHALLENGING
THE ENVIRONMENTAL PROTECTION AGENCY'S NON-ATTAINMENT DESIGNATION OF
AIR QUALITY IN GUADALUPE COUNTY.
WHEREAS, the Clean Air Act clearly defines the 8-hour ozone national ambient air quality
standard for an attainment designation is based on a three year average of the fourth highest
daily recorded measurement being less than 85 parts per billion, and
WHEREAS, an ozone monitor in Guadalupe County located at the New Braunfels Airport
recorded air quality within the Clean Air Act's 8-hour standard for the years 2002 and 2003, and
WHEREAS, an ozone monitor in Guadalupe County located in the City of Seguin recorded air
quality within the Clean Air Act's 8-hour standard for the year 2003, and
WHEREAS, Texas Governor Rick Perry and the Texas Commission on Environmental Quality
recommended an attainment designation of air quality in Guadalupe County based on the Clean
Air Act's 8-hour ozone standard, and
WHEREAS, on April 15, 2004, the Environmental Protection Agency issued a non-attainment
designation for Guadalupe County based, not on the Clean Air Act's 8-hour ozone standard, but
on an EPA guidance memorandum, dated March 28, 2000, which states the Metropolitan
Statistical Area should be the presumptive non-attainment boundary, and
WHEREAS, nowhere in the Clean Air Act, which is the law, does it state the MSA is the
presumptive non-attainment boundary, it only appears in the EPA guidance memorandum, and
WHEREAS, the rule of law demands that in a court of competent jurisdiction, the law; i.e., the
Clean Air Act, be entitled to greater weight than a guidance memorandum,
NOW THEREFORE, BE IT RESOLVED that the City Council of Cibolo urges the rule of law be
upheld and that.the Guadalupe County Commissioners' Court file a petition in Federal Court
challenging the EPA's non-attainment designation of air quality in Guadalupe County.
PASSED AND APPR VED unanimously this 27th day of April 2004.
Charles Ruppert Eddie Williams ,Johnny Sutton
Mayor City Council, Place 1 City Council, Place 2
Com` AL
Susan Gray Je ampbell Patrick O'Brien
City Council, Place 3 City Council, Place 4 City Council, Place 5
ATTEST:
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onne Griffin
Ci Secretary