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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.

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.

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:

Public Hearing: June 12, 2025

2:00 PM CDT (informal discussion with TCEQ staff at 1:30 PM CDT)
Provide oral comments: Email rules@tceq.texas.gov by June 5, 2025 to register for oral comment or have your attendance recorded. Please reference the project number 2023-131-101-AI, your name, affiliation, email address, phone number, and if you would plan to provide oral comment.
Agenda: This virtual public hearing is an opportunity to provide input on the proposed TCEQ Section 185 Penalty Fee program specific for the 2008 eight-hour ozone NAAQS. During the public hearing, TCEQ staff will not respond to comments or questions. TCEQ staff will be available to informally discuss the proposal from 1:30 p.m. to 2:00 p.m.
Registration tips: If you do not have a Microsoft Teams account, after clicking the registration link above, please choose “continue in web browser.” If Google Chrome blocks the registration website, please copy the link into another browser, such as Microsoft Edge. Speakers or headphones may be needed to listen to the audio and a microphone is necessary provide comment. There is not an option to dial in with a phone.

Informal Comment Opportunity

The informal comment period closed on September 9, 2024.

Received Comments:

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.

Meeting Materials:

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.

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