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Point Source Air Emissions and Air Inspection Fees

History of these fees, timeline for compliance, and recent changes in requirements.

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Brief History of the Air Emissions and Inspection Fees

The TCEQ collects two annual air-program fees—an air emissions fee and an air inspection fee—each fiscal year (September 1–August 31). If you are subject to both an emissions fee and an inspection fee, you are required to pay only the higher of the two.

The air emissions fee was originally adopted in fiscal 1992. This fee is based on the tons of pollution emitted during the last full calendar year. The authority to collect this fee is granted under Texas Health and Safety Code § 382.0621  Exit the TCEQ, and the administration of this fee is described in Title 30, Texas Administrative Code (TAC), § 101.27  Exit the TCEQ. The emissions fee is collected to cover the direct and indirect costs of operating the Title IV and V programs related to the Federal Clean Air Act Amendments of 1990.

The air inspection fee was authorized in 1985 and its collection began in fiscal 1986. The inspection fee is based on the Standard Industrial Classification (SIC) code at an affected regulated facility. The authority to collect this fee is granted under Texas Health and Safety Code § 382.062  Exit the TCEQ, and the administration of the fee is described in 30 TAC 101.24  . The inspection fee is collected to recover the costs of reviewing air permit applications, inspecting regulated facilities that fall under the jurisdiction of the TCEQ, and enforcing the permits, rules, and orders adopted by the TCEQ.

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Update! Rule Change for the Air Emissions Fee

The TCEQ, on July 20, 2011, adopted an amendment to 30 TAC § 101.27 removing the carbon monoxide fraction discount and leaving the base rate at $25 per ton in the fee calculation for Fiscal Year 2012 for sources subject to this fee. The fee payment is due November 30, 2011 and based on emissions from Calendar Year 2010. Fees not paid by December 10 would normally be assessed a late fee. However, in recognition of the short period of the time between the rule adoption and the fee due date, the commission is allowing a one-time, one-month waiver of this late fee. This one-month waiver could allow budgeting and payment of the fee to occur over two calendar years. Thus, emissions fees paid in full, prior to January 10, 2012, will not be assessed a late fee. No late fee waiver is being provided for the air inspection fees due under 30 TAC § 101.24.

Changes in the Air Emissions and Inspection Fees

The fee rates for the air emissions fees and the air inspection fees are annually adjusted to account for the change in the Consumer Price Index as published by the Bureau of Labor Statistics in the U.S. Department of Labor.

For details, call the Air Quality Division at 512-239-1459 and ask to speak with an emissions-inspection fee auditor.

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Timeline for the Annual Air Fees

  • The notification packets for the air emissions and inspection fees are mailed by April 1.
  • Under 30 TAC § 101.24 and § 101.27, the Air Emissions and Inspection Fee Basis Form is due on June 1, or 60 days from the date of receipt of the notification letter. Failure to submit this form by the due date could result in the initiation of an enforcement action.
  • By mid-September, the U.S. Bureau of Labor Statistics releases the average Consumer Price Index for August.
  • By late October, invoices for the air emissions and inspection fees are mailed and are dated October 31.
  • By November 30, invoices for the inspection fee must be paid in full to avoid any late fees. This year, there is a one-time, one-month waiver of the late fee for the FY2012 air emissions fee

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Fiscal 2012 Air Emissions and Inspection Fee Notification Packet

The notification packet for the Fiscal 2012 air emissions and inspection fee was mailed on April 5, 2011. Under 30 TAC § 101.24 and § 101.27, the completed Air Emissions and Inspection Fee Basis Form is due June 4, 2011, or 60 days from the date of the cover letter. Failure to remit the completed Air Emissions and Inspection Fee Basis Form by the required due date could result in the initiation of an enforcement action.

The notification packet includes:

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Last Modified Thu, 05 Jan 2012
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