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R-04-03-25-14G7 - 3/25/2004RESOLUTION NO. R -04-03-25-14G7 WHEREAS, the City of Round Rock has previously entered into an Early Action Compact Agreement ("Agreement") with the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) in order to proactively and effectively address the region's air quality issues, and WHEREAS, the City of Round Rock is in support of the Clean Air Action Plan that consists of numerous state and locally implemented measures to improve the area's air quality, including a motor vehicle emissions inspection and maintenance program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT, 1. The City of Round Rock will be included in the state's Motor Vehicle Emissions Inspection and Maintenance (I/M) Program, whichwill initially inspect vehicle emissions utilizing On -Board Diagnostics (OBD) and Two -Speed Idle (TSI) tests, and which is adopted pursuant to the Texas Health and Safety Code §382.302 as part of the Austin/Round Rock MSA Clean Air Action Plan for the Early Action Compact. 2. The I/M Program will be implemented in the City of Round Rock on or after April 1, 2005, but no later than December 31, 2005. 3. The TCEQ will perform an evaluation of the program after two years of operation, consult with the jurisdiction that initially requested the I/M Program and, depending on the results of the evaluation, make changes to improve the program's effectiveness, if necessary. 4. If, after a minimum of four years, the I/M Program, as implemented, does not achieve the desired effects or is determined to @PFDesktop\:: CDMP/WCRLDCY/O:/4DCY/RESOLLTI!R40325G.,.WPD/;;c be unnecessary, any participating county, and the largest city in that county, can petition TCEQ to terminate the Program in that county. 5. If the Early Action Compact for the Austin/Round Rock MSA is invalidated for any reason prior to the adoption of the Austin/Round Rock MSA Clean Air Action Plan For the Early Action Compact into the State Implementation Plan, this I/M Program will be terminated as well, unless the same participating local jurisdictions that initially requested the I/M Program otherwise agree to maintain it. 6. Pursuant to the Health and Safety Code §382.302, this resolution is effective only if TCEQ determines that the Austin/Round Rock MSA Clean Air Action Plan for the Early Action Compact is adequate and provides written notification of its adequacy to. the Clean Air Action Plan signatories. The City Council hereby finds anddeclares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted. was posted and that such meeting was open to the public as required by law at all times. during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of March, 2004. ATTE N IT W L, M - yo City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 2 SUBCHAPTER H. VEHICLE EMISSIONS PROGRAMS IN CERTAIN COUNTIES § 382.301. DEFINITIONS. In this subchapter: (1) "Early action compact" means an agreement entered into before January 1, 2003, by the United States Environmental Protection Agency, the commission, the governing body of a county that is in attainment of the one-hour national ambient air quality standard for ozone but that has incidents approaching, or monitors incidents that exceed, the eight-hour national ambient air quality standard for ozone, and the governing body of the most populous municipality in that county that results in the submission of: (A) an early action plan to the commission that the commission finds to be adequate; and (B) a state implementation plan revision to the United States Environmental Protection Agency on or before December 31, 2004, that provides for attainment of the eight-hour national ambient air quality standard for ozone on or before December 31, 2007. (2) "Participating county" means a county that is a party to an early action compact. Added by Acts 2003, 78th Leg., ch. 203, § 1, eff. June 10, 2003. § 382.302. INSPECTION AND MAINTENANCE PROGRAM. (a) A participating county whose early action plan contains provisions for a motor vehicle emissions inspection and maintenance program and has been found adequate by the commission may formally request the commission to adopt motor vehicle emissions inspection and maintenance program requirements for the county. The request must be made by a resolution adopted by the governing body of the participating county and the governing body of the most populous municipality in the county. (b) After approving a request made under Subsection (a), the commission by resolution may request the Public Safety Commission to establish motor vehicle emissions inspection and maintenance program requirements for the participating county under Subchapter F, Chapter 548, Transportation Code, in accordance with this section and rules adopted under this section. The motor vehicle emissions inspection and maintenance program requirements for the participating county may include exhaust emissions testing, emissions control devices and systems inspections, or other testing methods that meet or exceed United States Environmental Protection Agency requirements, and a remote sensing component as provided by Section 382.204. The motor vehicle emissions inspection and maintenance program requirements adopted for the participating county may apply to all or to a defined subset of vehicles described by Section 382.203. (c) The commission may assess a fee for a vehicle inspection performed in accordance with a program established under this section. The fee must be in an amount reasonably necessary to recover the costs of developing, administering, evaluating, and enforcing the participating county's motor vehicle emissions inspection and maintenance program. An appropriate part of the fee as determined by commission rule may be retained by the station owner, contractor, or operator to recover the cost of performing the inspection and provide for a reasonable margin of profit. (d) The incentives for voluntary participation established under Section 382.216 shall be made available to a participating county. (e) A participating county may participate in the program established under Section 382.209. Added by Acts 2003, 78th Leg., ch. 203, § 1, eff. June 10, 2003. Al A2 A3 A4 A5 A6 A7 Reduces area source VOC emissions. Would revise TCEQ rule that applies to selected nonattainment and other counties to apply in the MSA. Austin/Round Rock MSA Clean Air Action Plan (CRAP) 03 Flex commitments. Jurisdictions could choose to enhance an existing 03 Flex measure. 5.4.2 State Assisted Measures State Assisted Measures require state regulations or actions for implementation and/or enforcement. A chart summarizing these measures appears below, with full descriptions following the chart. They will be implemented no later than December 31, 2005, unless otherwise indicated. The semi-annual review will track and document all State Assisted Measures. In accordance with the EAC agreement, these emission reduction measures are specific, quantified, permanent and enforceable. All emission reduction estimates provided below are specific to the 2007 evaluation year. The TCEQ rules listed in this section can be found at http://www.tnrcc.state.tx.us/oprd/rules/indxpdf2.html. Chart 5.4.2 CAC Approved State Assisted Measures Inspection and Maintenance (I&M) Idling Restrictions on Heavy -Duty Diesels (14,000 lbs or more) Commute Emission Reduction Program Low Emission Gas Cans Stage I Vapor Recovery Requirement Change Degreasing Controls Autobody Refinishing Controls Gets the biggest reductions in on -road emissions, our major emissions source. Reduces both NOx and VOC. Also reduces toxics, some of which are known carcinogens. Well -defined state program with a high degree of certainty regarding quantified reductions, implementation and enforcement. Spreads the cost of reductions to the entire vehicle owning public, which results in a reasonable per capita cost (expected additional $20 added to safety inspection). Counties may elect t o participate in the Low Income Repair Assistance Program (LIRAP). Specific purpose waivers are also available. Cost of inspection e • ui • ment reimbursed throu • h fees. Reduces on -road NOx emissions, as well as PM and toxic emissions, some of which are known carcinogens. Results in fuel savings. Addresses citizens concerns re extended idling in residential areas. Most preferred measure in CAF Public Opinion Survey. Would be enforced by local law enforcement, if TCEQ grants the authority to do so. Reduces on -road NOx and VOC emissions. Designed to allow employers choice and flexibility in meeting requirements. May help reduce peak hour weekday congestion and encourage business • ractices that im • rove air • ualit . Reduces area source VOC emissions. TCEQ is working on a state rule that would require all gas cans sold or for sale, in all or part of the state, (including the MSA) to be low emission cans. Reduces area source VOC emissions. Would lower the exemption in the current TCEQ rule from under 125,000 gallons a month to under 25,000 gallons a month. Local information indicates that many stations alread have the e • ui • ment in • lace. Reduces area source VOC emissions. Would revise TCEQ rule that applies to selected nonattainment and other counties to apply in the MSA. 32 3/5/2004 Austin/Round Rock MSA Clean Air Action Plan (CARP) A8 Cut Back Asphalt A9 A10 Low Reid Vapor Gas BACT and Offsets for New or Modified Point Sources Reduces area source VOC emissions. Would revise TCEQ rule that applies to selected nonattainment and other counties to apply in the MSA. TCEQ rule includes an exemption for patching Reduces on -road VOC emissions. Flint Hills, the region's primary fuel supplier has expressed concerns with this measure in light of recent fuel improvements that they have made. We continue to work with Flint Hills to define a mutually acceptable measure. Will manage future point source growth. Maintains current BACT requirements and adds offset requirements. Modified defined as per TCEQ New Source Review (NSR) rules. All Petroleum Dry Cleaning Mitigates growth in petroleum dry cleaning emissions. Would revise TCEQ rule that applies to selected nonattainment and other counties to apply in the MSA. Al2 Texas Emission Reduction Program (TERP) A state Emission Reduction Incentive Grants Program which reduces on and off road NOx. Requires local participation through grant applications and project implementation. TCEQ has suggested that a 2 ton per day NOx reduction would be a reasonable commitment for this measure. A13 Power Plant Reductions The CAC approved these recommendations by vote on January 14, 2004. 5.4.2.A1 Inspection and Maintenance (I/M) Program Program Summary/Explanation NOTE: [This I/M program is designed for use in the MSA's three urbanized counties (Hays, Travis and Williamson). Implementation is contingent upon approval from the commissioners' court of each county and from the city council of the largest city in each county. The commissioners' courts in Hays, Travis and Williamson Counties, in unanimous votes, have given preliminary approval; the city councils in Austin and Round Rock, in unanimous votes, have given preliminary approval. The City of San Marcos has voted (four to two, with one council member absent) to delete I/M from the draft list of recommended measures. The CAC has requested that the City of San Marcos commit to alternative measures for on -road emissions reductions. These measures would replace the reductions lost to Hays County because of the decision by the San Marcos City Council. The plan will be revised when the alternative measures are finalized. The following summary describes the program as originally intended.] The I/M program requires all subject gasoline vehicles 2 to 24 years old registered and primarily operated in the I/M program counties (Hays, Travis and Williamson) to undergo an annual emissions inspection test in conjunction with the annual safety inspection. Emissions inspection tests are conducted at all safety inspection stations. The entire vehicle safety and emissions inspection should be completed in about 20 minutes from the time the vehicle is driven into the inspection bay. If a vehicle fails the emissions inspection test, the items of failure will be indicated on the Vehicle Inspection Report. The vehicle should be repaired and returned to the same inspection station with 15 days for a free re -test. A passing emission inspection test (or test waiver) is required in order to renew vehicle registration or to receive a safety inspection sticker. Reduces local power plant NOx emissions below state and federal mandated levels. Austin Energy, LCRA and UT have indicated a willingness to proceed with these reductions. 33 3/5/2004 Austin/Round Rock MSA Clean Air Action Plan (CRAP) The program does not apply to motorcycles or slow moving vehicles, as defined by Section 547.001, Transportation Code. Test on resale is required for all vehicles from non-I/M program counties that are sold and registered in the I/M program counties. Per state statute, vehicles belonging to students at public universities, but registered in non- I/M program counties, must participate to receive campus parking privileges. The emissions test fee (set by TCEQ) is expected to be no more than $20 in Hays, Travis and Williamson Counties. The safety inspection fee is $12.50, so the combined inspection cost is not expected to exceed $32.50. Testing equipment costs (estimated at $15,000 per station) are recouped through fee. The equipment includes the Two - Speed Idle (TSI), the On -Board Diagnostic (OBD) analyzer testing system, gas cap tester and 2-D Bar Code scanner. The OBDII testing program will be used to test 1996 model year and newer vehicles. All 1996 and newer vehicles less than 14,000 pounds (passenger cars, pickup trucks, sport utility vehicles) are equipped with OBD systems. The OBD system monitors emission performance components to ensure that the vehicle runs as cleanly as possible. The system also assists repair technicians in diagnosing and fixing emission -related problems. If a problem is detected, the OBD system illuminates a "Check Engine" or "Service Engine Soon" warning lamp on the vehicle instrument panel to alert the driver. The system will store information about the detected malfunction so that a repair technician can accurately find and fix the problem Model year 1996 and newer vehicles are required to meet EPA specifications for collection and transfer of emissions control data during each driving cycle. The Diagnostic Link Connector (DLC) cable on the emissions test analyzer is hooked up to the DLC located in the vehicle. When the vehicle's OBD system has checked the emissions control systems and detected a problem with the vehicle, this information is stored in the vehicle's on -board computer. The OBD test transmits this data to the analyzer and the vehicle will fail the inspection. The inspection report will indicate which emissions control systems were checked and display the description of the fault codes retrieved from the vehicle. The Two -Speed Idle testing program will be used to test 1995 model year and older vehicles. The TSI test uses a tailpipe probe exhaust gas analyzer to measure VOC and CO while the vehicle is idling at a low and a high rate. The I/M program includes a high emitter program to identify vehicles that are significantly exceeding federal vehicle emission standards. On -road remote sensing equipment will be used to identify high -emitting vehicles in the three I/M program counties or those commuting from contiguous counties. The van -installed on -road testing equipment is strategically placed to capture auto emissions from single -lane traffic in an acceleration mode. Vehicles identified as high emitters must be tested using the age-appropriate OBDII or TSI test within 30 days of notification and be repaired, if necessary. A passing test result (or test waiver) will be needed to renew vehicle registration. The following waivers and extensions will be available to all qualifying vehicle owners through the Texas Department of Public Safety (DPS): Individual Vehicle Waiver— In order to address unusual cases where a vehicle cannot meet emissions standards, an Individual Vehicle Waiver may be issued to a vehicle owner whose vehicle has failed its initial emissions inspection and re - 34 3/5/2004 Austin/Round Rock MSA Clean Air Action Plan (CRAP) inspection, and in which at least $600 in emissions related repairs have been performed by a registered repair facility. Low Mileage Waiver — A Low Mileage Waiver may be issued to a vehicle owner whose vehicle has failed both its initial emissions inspection and the re- inspection, and in which at least $100 in emissions related repairs have been performed. The vehicle should have been driven less than 5,000 miles in the previous inspection cycle and anticipate being driven fewer than 5,000 miles before the next required safety inspection. Parts Availability Time Extension — A Parts Availability Extension may be issued for 30, 60 or 90 days to a vehicle owner whose vehicle fails the initial emission inspection and needs time to locate necessary vehicle emissions control parts. Low Income Time Extension- A Low Income Time Extension may be issued to a vehicle owner whose vehicle has failed its initial inspection and re -inspection, and the applicant's adjusted gross income is at or below the federal poverty level. Counties that implement a vehicle emissions inspection program may elect to implement the Low Income Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP). Vehicle owners whose vehicles fail the emissions inspection and who meet eligibility requirements may receive assistance through this program. The assistance can pay for emissions related repairs or be used toward a replacement vehicle if they choose to retire the vehicle. The assistance program is funded through a portion of the emissions inspection fee. The program is administered through a grant contract between TCEQ and each participating county. Only 5% of the grant contract funds may be used for the administrative costs of the program. Assistance is limited to no more than $600 for repairs or $1,000 toward replacement of the vehicle. In order to be eligible for LIRAP, the vehicle owner's total family income must be less than or equal to twice the amount of the Federal Poverty Guidelines for designated family units. (At this writing, $24,240 for a family of two and $36,800 for a family of four). A vehicle is eligible for repair assistance if it failed the emissions inspection within 30 days of application, is currently registered, and has been registered in the program area for the two years preceding application, and it passes the safety inspection portion of the test. Repairs must be performed at a DPS -recognized repair facility. Vehicle retirement eligibility requirements are the same as for vehicle repairs, except the vehicle must have passed a safety inspection within 15 months of the application. The I/M program will be applied in Travis, Hays and Williamson Counties. NOTE: Periodic program evaluations will determine if any revisions or modifications are needed. If the I/M Program, as implemented, does not achieve the desired effects or is determined to be unnecessary, any participating jurisdiction can petition TCEQ to terminate the program. Implementation Considerations To implement this measure, the I/M Program counties exercise the flexibility offered to EAC areas in Senate Bill 1159 and request that TCEQ adopt a rule including the MSA's I/M Program in the state program. 35 3/5/2004 Austin/Round Rock MSA Clean Air Action Plan (CARP) Program Participants Program participants are owners of 2 to 24 year old gasoline vehicles <8,500 lbs. Gross vehicle weight, safety inspection station owners and operators, vehicle repair facilities, TCEQ, DPS and counties that choose to administer (or contract with another entity to administer) a LIRAP program. Expected Reductions The I/M program is expected to reduce NOx emissions by 3.19 tons per day and VOC emissions by 4.19 tons per day. Additional Benefits The I/M program will also reduce toxic emissions, some of which are known carcinogens. It will encourage proper vehicle maintenance, which may result in fuel savings for some vehicle owners. 5.4.2.A2 Idling Restrictions on Heavy -Duty Diesel Engines Program Summary/Explanation This measure restricts engine idling of vehicles with a gross vehicle weight rating of more than 14,000 pounds to five consecutive minutes. Exemptions are allowed for vehicles with a gross vehicle weight rating of 14,000 pounds or less; that are forced to remain motionless because of traffic conditions over which the operator has no control; are being used as an emergency or law enforcement vehicle; when the engine operation is providing power for a mechanical operation other than propulsion; when engine operation is providing power for multiple passenger heating or air conditioning; when the engine is being operated for maintenance or diagnostic purposes, or when the engine is being operated solely to defrost a windshield. Alternative methods of providing power to the vehicle are currently available. Truck stop electrification allows the vehicle operator to access electricity as a power source. Small generators, which emit less and are commercially available, can be used as auxiliary power sources. Area of Application This measure will apply throughout the MSA. Implementation Considerations To implement this measure, the MSA requests TCEQ adopt the measure through rulemaking applicable in the MSA and authorize MSA county and municipality law enforcement agencies, or other county and municipality entities, to enforce the measure. Program Participants Owners and operators of heavy duty diesel vehicles, MSA county and municipality law enforcement agencies or designees Expected Reductions NOx reductions of 0.19 tpd 36 3/5/2004 DATE: SUBJECT: ITEM: March 19, 2004 City Council Meeting — March 25, 2004 14.G.7. Consider a resolution in support of the States Vehicle Inspection and Maintenance Program as part of the Austin/Round Rock Metropolitan Statistical Area (MSA) Clean Air Action Plan for the Early Action Compact. Department: Engineering and Development Services Staff Person: Michael Thane, Engineer Justification: The Austin/Round Rock MSA has prepared a Clean Air Action Plan (CAAP) with selected emission reduction measures that provides clean air sooner, maintains local flexibility, and defers the effective date of non -attainment designation for the 8 -hour ozone standard. The emission reduction measure that will contribute the biggest reduction in on -road emissions is the Inspection and Maintenance (I&M) Program. The I&M Program has been included in the CAAP and is designed for use in the MSA's three urbanized counties (Hays, Travis, and Williamson). Implementation is contingent upon approval from the commissioner's court of each county and from the city council of the largest city in each county. This is a well-defined stated program with a high degree of certainty regarding quantifying reductions, implementation, and enforcement. Funding: Cost: Uncertain as to amount. Source of funds: N/A Outside Resources: Background Information: Public Comment: Central Texas Clean Air Force On December 18, 2003, the City of Round Rock executed a resolution in support of the recommended emission reduction measures (which included I&M) for inclusion in the Austin/RoundRock MSA Clean Air Action Plan. Adoption of this resolution indicated the City's support of the CAAP, which is divided into two categories. The first category identifies measures recommended as mandatory requirements in all MSA counties (except where noted) and implemented by state rule. The second category contains measures recommended for voluntary implementation by local regulation, agreement, or voluntary agreement. The I&M Program is a mandatory requirement listed in Table 1 of the CAAP. Numerous presentations have been made on air quality and the effects of elevated ozone levels.