HomeMy WebLinkAboutIR 7567 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7567
Nov. 19, 1991
J??- To the Mayor and Members of the City Council Page 1 of 5
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Subject: Air Quality Program
Introduction and Background
The federal Clean Air Act approved by Congress in November 1990
mandates to the states the enforcement of air quality standards .
The Texas Air Control Board (TACB) is the official agency
responsible under the statute for enforcement. (The TACB was
created in 1967 * by the State legislature as part of the Texas
Clean Air Act . ) Currently, five metropolitan areas have local
air quality programs in addition to the TACB efforts; these
include Houston, Dallas, El Paso, Fort Worth and Galveston.
The City of Fort Worth has operated an air quality program since
1968 as a function of the City's Health Department . ordinance
7547 authorizes the Director of Public Health to administer and
enforce rules and regulations required to maintain and improve
air quality in Port worth.
Mandates resulting from the Clean Air Act have led the
legislature to strengthen the authority of the TACB. In special
session the legislature finally approved Senate Bill No. 2, which
allows the TACB to collect additional revenue from federally
mandated permits. These fees are estimated to generate an
additional $60 million from various statewide sources, including
new vehicle registration fees. (The registration fee will
generate $2 million annually from Tarrant County) .
The Tarrant County delegation, specifically Representatives Bill
Carter and Kim Brimer, and Senator Mike Moncrief, worked with the
staff in securing an amendment to S.B. 2 which expressed
legislative intent for the State to contract with existing local
air quality programs. It was stipulated that a contract was the
most efficient and cost effective method of providing enforcement
of the air quality requirements. This amendment was included in
the final bill , and in late August 1991 the staff and members of
the Tarrant County delegation met with the TACB finance committee
to discuss the intent of this local contracting option.
Conceptually, it was agreed that this option was in the best
interest of the State and the respective localities. However, in
mid-October the TACB staff presented a budget proposal which
differed greatly from the August discussion.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7567
5 0 J?;J11 To the Mayor and Members of the City Council�Q4Nov. 19, 1991
Page 2 of 5
vi
Subject:
Air Quality Program
Local Air Quality Efforts
Since the inception of local air quality efforts in 1968, the
program has been funded through a combination of local and
federal (EPA) funds . The local program basically provides the
same fundamental inspection and enforcement activities in Fort
Worth which are provided by the regional TACB office to most
surrounding communities. (Dallas has a similarly funded
program. )
The local program provides the following services for the State:
A. Technical review of permit applications, including
exemption requests, temporary operating permits and
permit renewals.
,B. Provides small source surveillance and violation
reporting to the region office.
C. Inspects and supervises asbestos removal in demolition
and remodelling projects, as well as conducting annual
certification inspections for firms providing this
service.
Provides actual enforcement through citations and/or
close coordination with the Building officials and Fire
Marshal activities for removal projects.
D. Provides annual inspection for all small source permit
holders within the cities. The City provides follow-up
inspections and routinely handles "first responder"
complaints on the larger permit holders.
E. Provides inspection service for the State of -other
facilities regulated by the Act (i .e. , dry cleaner
facilities, used car dealers, paint and body shops,
etc. ) .
F. Prepares : necessary documentation for the TACB for
enforcement action against significant violators.
Included in this effort is testimony, as necessary, in
administrative hearings. I (*Any administrative fees
resulting from this process go to the State. )
G. Responds to consumer complaints, i.e. open burning,
spray painting, etc.
H. Provides media information on ozone levels based on
information provided by the TACB.
I . Provides general public education programs regarding
air pollution issues.
-ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7567
,*'Pt T 1^, Nov. 19, 1991
�biloj?" To the Mayor and Members of the City Council Page 3 of 5
xp,y. Subject: Air Quality Program
eTa
Cost of Local Program
The FY 1991-92 budget for the local air quality efforts is
$212,654; $100 ,000 funded by EPA and $112,654 funded from the
City's General Fund. The air program includes six staff
positions which are funded .from this budget .
(Since 1968 a total of $4,311,151 has been expended through the
City's Air Quality Program; $2, 675,466 locally funded and
$1, 635,685 federally funded. The funding ratio is 62% local ; 38%
federal . )
A survey of metroplex cities indicates that only Fort Worth
($112, 654) and Dallas ($580,000) are providing any local funds
for air quality efforts. In Dallas, local permits are issued
which provide - $320,000 in offsetting revenues to this
expenditure. There are no similar local permits required in Fort
Worth, although the State has historically collected major source
permit fees in all instances.
S.B. 2, which provides enabling legislation, expands this State
revenue source from the permitting process dramatically with new
and restructured fees.
Present TACB Contract Proposal
The TACB staff presented a funding scheme to their finance
committee at the board's October meeting. The staff 's contract
proposal would offer the existing local air quality program only
partial funding of the "local" share.
The proposed contract as it affects Fort Worth would:
*A. Require - an annual independent finance audit of the
City's program,
B. Provide the same services presently being provided;
*C. :. Expand the program to include direct date entry by the
local program into the TACB database file on an ongoing
basis;
*D. Expand the current asbestos abatement program;
000,
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7567
Nov. 19, 1991
�o��+VOJ?rJJ?r,�J� To the Mayor and Members of the City Council Page 4 of 5
�rax cD
Subject: Air Quality Program
*E. Expand the complaint process to include all formal
complaints including record keeping/reporting follow-
up;
*F, Expand small source investigation activities;
*G Assume a broader involvement in regulatory compliance
and enforcement;
H. The State would -agree to offset the local funding by
$39,368 for FY 1991-92 . (The funding, if accepted,
would be allocated as follows:
EPA $100 ,000
City of Fort Worth 73,286
State 39,368
(EPA, 47%; FW 34.5%; State 18. 5%)
Denotes expanded local role and increased responsibilities
to participate in the State contract proposal .
Summary
The City council will be presented with an opportunity to approve
or reject the Texas Air Control Board's proposed contract. City
staff has thoroughly reviewed the program and has discussed it
with the staffs of TACK and the legislative branch and believes
this is the final recommended level of funding to be offered by
the TACB. City staff believes it is not in the best interest of
the City to continue local funding of the air quality control
program, due in part to the following:
1. The State has primary responsibility for air quality
issues throughout Texas and, with the additional fees
authorized under S.B. 2, will generate in excess of
$20 million by the end of FY 92-93. These funds are
restricted to use for air quality programs. The TACK
staff has indicated all of these funds are necessary
for planning efforts rather than to support local
enforcement efforts.
By providing local funding, the City of Fort Worth is,
in fact, providing staff positions which relieve the
State of its statutory responsibilities of enforcing
air quality standards in Fort Worth. This provides a
local Fort Worth subsidy for air quality enforcement
eL effort for surrounding communities such as Arlington.
-ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7567
NrRTtAya Nov. 19, 1991
X04 cokrp To the Mayor and Members of the City Council Page 5 of 5
0
C
Subject: Air Ouality Proara
3. The TACB staff has indicated to Representative Carter's
staff that TACB would be able to provide the required
air quality activities for less money than is currently
being spent in the Fort Worth program. The spirit
behind the amendment was to assure that funding for the
local cost of -air quality enforcement efforts be
established, if this was the most effective method.
The TACB has indicated that the most cost effective
mechanism for air quality enforcement is for TACB to
assume full responsibility for the program in Fort
Worth.
4. The $112,654 budgeted in FY 91-92 was to be offset by
revenues from the TACB. Since these funds are not
available, the local share of funding would have to be
obtained from reserve fund balances or other sources if
the local program is to continue.
001. Fort Worth has a historic commitment to clean air, and should the
City Council ultimately agree to discontinue the locally funded
program, the City would continue to be an active participant in
the various gional environmental committees involved in
planning a n* toring air quality activities.
avid A. Ivory
-ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS