Public Hearing on 30 TAC Chapter 101

The proposed rulemaking would implement the provisions of the Federal Clean Air Act (FCAA), Sections 182(d)(3) and (e) and 185, which require each SIP for ozone nonattainment areas classified as severe or extreme to include a requirement for the imposition of 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. The rulemaking will also implement Section 182(f), which requires all SIP requirements that apply for VOC to also apply for emissions of nitrogen oxides (NOX). The Houston-Galveston-Brazoria (HGB) area was classified as severe for the one-hour ozone NAAQS. The rulemaking will also provide for alternative options for the fee obligation and baseline amount calculations. Major stationary sources are subject to paying a fee of $5,000, as adjusted by the consumer price index, per ton in excess of 80 percent of a baseline amount of VOC and NOX. The fee is proposed to be due annually until the area is redesignated attainment or has three years of data demonstrating attainment.