Skip to Content
Questions or Comments: 185Rule@tceq.texas.gov

Stakeholder Group: Federal Clean Air Act Section 185 Fee

Background on the group. Meeting schedule, agendas, and minutes. Membership details.

About the Stakeholder Group

The group welcomes input on developing state regulations to implement a TCEQ Section 185 Fee program specific to the 2008 eight-hour ozone national ambient air quality standards. The FCAA Section 185 Fee Stakeholder Group is an open participation group; anyone may attend the meetings. Get notified of group meetings by subscribing to the "Penalty Fee for Major Stationary Sources Under the Federal Clean Air Act Section 185" topic.

Upcoming Meetings

We will post meeting dates, locations, and agendas here.

Past Meetings

We will post presentations, minutes, and agendas of past meetings here.

Background on the Section 185 Penalty Fee

The FCAA requires a penalty fee if an ozone nonattainment area fails to meet its severe or extreme attainment date for an ozone NAAQS. The fee applies to major stationary sources of ozone precursors, including nitrogen oxides and volatile organic compounds. The fee is required each year after the missed attainment date until the area is redesignated as attainment by the U.S. Environmental Protection Agency. If the state does not collect the fee, EPA will collect it with interest and the revenue will not be returned to the state. The fee rate per ton of NOX and/or VOC is adjusted annually by EPA using the consumer price index.

The Dallas Fort-Worth area and the Houston-Galveston-Brazoria area are classified as severe nonattainment for the 2008 eight-hour ozone NAAQS. If the DFW or HGB ozone nonattainment areas do not meet the 2008 eight-hour ozone NAAQS by the end of 2026, they will be subject to the Section 185 Fee. The fee could potentially be imposed as early as 2028. TCEQ is required to develop and submit Section 185 Fee rules for these nonattainment areas by November 2025.

Members

Anyone may join the group as a member and attend the meetings. We will periodically update the list of members for this group.

Get Updates by Email/Text

Get email/text updates about the FCAA Section 185 Fee. After entering your email or mobile number, select the "Penalty Fee for Major Stationary Sources Under the Federal Clean Air Act Section 185" topic. Don’t worry, you can unsubscribe at any time.

Resource Documents

Contact Us

For more information or to suggest topics for future meetings, please email 185Rule@tceq.texas.gov or call the Point Source Emissions Inventory helpline at 512-239-1773.