The Texas Commission on Environmental Quality (TCEQ) adopted the Section 185 Penalty Fee program specific to the 2008 eight-hour ozone National Ambient Air Quality Standard or NAAQS.
The adoption created new 30 Texas Administrative Code Chapter 101, General Air Quality Rules, Subchapter K, Failure to Attain Fee for the 2008 Eight-Hour Ozone Standard. The executive summary includes a rule summary and significant changes from the proposal.
The rule created a Section 185 Penalty program for the 10-county Dallas-Fort Worth (DFW) and eight-county Houston-Galveston-Brazoria (HGB) severe 2008 eight-hour ozone NAAQS nonattainment areas, as required by the federal Clean Air Act (FCAA).
The DFW and HGB severe ozone nonattainment areas will only be subject to the FCAA Section 185 fee if they fail to attain the 2008 eight-hour ozone NAAQS by the July 20, 2027, attainment date. If one or both areas fail to attain by the July 20, 2027, attainment date, the rule will be applicable upon the effective date of EPA’s failure to attain notice in the Federal Register.
Notice of fee implementation will be sent to subscribers of the “Penalty Fee for Major Stationary Sources under the Federal Clean Air Act Section 185” topic.
More information can be found on the Section 185 Stakeholder webpage. Questions can be sent to 185Rule@tceq.texas.gov.
