Stakeholder Group: Federal Clean Air Act Section 185 Fee
An open participation stakeholder group to provide input and receive details on the Section 185 Fee program. Meeting details and input opportunities are presented.
About the Stakeholder Group
This open participation 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 (NAAQS). Anyone may provide input and/or attend the meetings.
Get Involved
We're interested in your input. Please attend a meeting, join our email list, or contact us to provide feedback on our plans.
Proposed Rule for the Failure to Attain Fee for the 2008 Eight-Hour Ozone Standard New
On May 1, 2025, the commission approved proposal for a TCEQ Section 185 Penalty Fee program specific to the 2008 eight-hour ozone NAAQS as required by the federal Clean Air Act (FCAA). The proposal would create new 30 Texas Administrative Code Chapter 101, General Air Quality Rules, Subchapter K, Failure to Attain Fee for the 2008 Eight-Hour Ozone Standard (Rule Project No. 2023-131-101-AI) and corresponding revisions to the State Implementation Plan.
- Proposed Rule Summary (English)
- Proposed Rule Summary (Spanish)
- Proposed Failure to Attain Fee Rule for the 2008 Eight-Hour Ozone Standard
Public Comment Period open through June 18, 2025
The public comment period for the proposal opened on May 6, 2025 and will end on June 18, 2025. Please submit your comments referencing the rule project number 2023-131-101-AI:
- electronically by using TCEQ's Online Public Comments system ;
- by fax to 512-239-4808;
- by courier or delivery service; or
- by United States mail to:
Texas Register Team - MC 205
General Law Division
Office of Legal Services
TCEQ
P.O. Box 13087
Austin, TX 78711-3087
Public Hearing: June 12, 2025
Informal Comment Opportunity
The informal comment period closed on September 9, 2024.
Upcoming Meetings
Past Meetings
We hosted two identical virtual stakeholder meetings for the Dallas-Fort Worth (DFW) and Houston-Galveston-Brazoria (HGB) 2008 eight-hour ozone NAAQS nonattainment areas, presenting the same information at each meeting.
- Presentation: TCEQ FCAA Section 185 Penalty Fee Stakeholder Update
- Summary:
- Attendees:
Key Dates
- September 9, 2024: Deadline for informal comments on rule development.
- May 1, 2025: Proposal of the Section 185 fee program.
- May 6 - June 18, 2025: Public comment period.
- June 5, 2025: Deadline to register to provide oral comments at the virtual public hearing.
- June 12, 2025: Virtual public hearing.
- October 2025: Tentative adoption of the TCEQ Section 185 fee program.
- November 7, 2025: TCEQ Section 185 fee program due to EPA.
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.
Get Updates by Email/Text
Resource Documents
- TCEQ Section 185 Fee Presentation at the DFW Technical Information Meeting on Aug. 24, 2022
- DFW Section 185 Overview at North Central Texas Council of Governments on Feb. 17, 2023
- TCEQ Section 185 Fee Presentation at the HGB Technical Information Meeting on July 28, 2022
- TCEQ Section 185 Fee Presentation at the HGB Section 185 Overview at Houston-Galveston Area Council on April 26, 2023
- FCAA Section 185 Fee
- TCEQ Section 185 Fee Rule specific to the 1979 One-Hour Ozone NAAQS
- EPA Memorandum: Section 185 Penalty Fee for Calendar Year 2024
Contact Us
- Email: 185Rule@tceq.texas.gov
- Call: 512-239-1773