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Questions or Comments: 185Rule@tceq.texas.gov

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.

Informal Comment Opportunity

The informal comment period closed on September 9, 2024. A formal comment period will open after the program has been proposed by the Commission, which is expected in Spring 2025.

Upcoming Meetings

Next meeting not scheduled

Past Meetings

August 6 and 8, 2024 Virtual Rule Development Stakeholder 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.

Key Dates

  • September 9, 2024: Deadline for informal comments on rule development.
  • May 2025: Tentative proposal of the Section 185 fee program.
  • May - June 2025: Tentative public comment period and hearings.
  • 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.

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