The Federal Clean Air Act (FCAA), §§ 182(d)(3) and (e), Plan Submission and Requirements, and §185, Enforcement for Severe and Extreme Ozone Nonattainment Areas for Failure to Attain, requires each state implementation plan (SIP) for ozone nonattainment areas classified as severe or extreme to impose a penalty fee for major stationary sources of volatile organic compounds (VOC) located in the area if the area fails to attain the ozone National Ambient Air Quality Standard (NAAQS or standard) by the applicable attainment date. FCAA, §182(f), Plan Submissions and Requirements, requires all SIP requirements that apply for VOC to also apply for emissions of nitrogen oxides (NOX). The fee is required to be imposed for each calendar year after the attainment date until the area is redesignated as an attainment area for ozone. The fee is $5,000 per ton, as adjusted by the consumer price index, of VOC or NOX or both emitted in excess of 80 percent of the stationary source’s baseline emissions. If the state does not collect the fees that are due, then the United States Environmental Protection Agency (EPA) must collect the fees and can collect interest. Fees and interest would not be returned to Texas.
Key points in proposed rulemaking schedule:
Anticipated proposal date: November 18, 2009
Anticipated Texas Register publication date: December 4, 2009
Public hearing dates (if any): January 5 and 6, 2010
Public comment period: Jan 11, 2010
Anticipated adoption date: April 28, 2010