During the first week of August, the Texas Commission on Environmental Quality will host two identical virtual stakeholder meetings for the federal Clean Air Act Section 185 Penalty Fee. The tentative meeting dates are August 6, 2024, and August 8, 2024. The FCAA Section 185 Fee Stakeholder Group is an open participation group; anyone may attend the meetings. Become a stakeholder member by signing up for the email group: Penalty Fee for Major Stationary Sources Under the Federal Clean Air Act Section 185.
TCEQ has started rule development to create a Section 185 fee program in Texas for the 10-county Dallas Fort-Worth and eight-county Houston-Galveston-Brazoria severe 2008 eight-hour ozone national ambient air quality standard nonattainment areas. The FCAA requires a penalty fee if an ozone nonattainment area classified as severe fails to meet its attainment date. The fee applies to major stationary sources of ozone precursors, including nitrogen oxides and/or volatile organic compounds. 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 July 20, 2027. Texas’ Section 185 fee program rules are due to EPA by November 7, 2025.
More information on can be found here. The TCEQ has provided an email and an informational hotline for any related questions: 185Rule@tceq.texas.gov or 512-239-1773