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SIP Hot Topics

Hot topics related to Texas' State Implementation Plan (SIP) for air quality.

Please visit the Texas SIP Revisions webpage for more details on Proposed SIP Revisions and Public Hearing Information and Adopted SIP Revisions.

(Last updated: 10/28/2025)

New Section 185 Penalty Fee Program Specific to the 2008 Eight-Hour Ozone NAAQS

On October 22, 2025, the commission adopted the TCEQ Section 185 Penalty Fee Program specific to the 2008 eight-hour ozone NAAQS. The adoption creates new 30 Texas Administrative Code Chapter 101, General Air Quality Rules, Subchapter K, Failure to Attain Fee for the 2008 Eight-Hour Ozone Standard and corresponding revisions to the State Implementation Plan.

For more information, please visit the Federal Clean Air Act Section 185 Fee Stakeholder page.

New House Bill (HB) 3297 and Senate Bill (SB) 2102 Implementation Inspection and Maintenance (I/M) State Implementation Plan (SIP) Revision

On September 24, 2025, the commission adopted the HB 3297 and SB 2102 Implementation I/M SIP Revision (Non-Rule Project No. 2025-013-SIP-NR). The SIP revision implements HB 3297, which eliminates the mandatory annual vehicle safety inspection program for noncommercial vehicles, and SB 2102, which extends the initial registration and inspection period for rental vehicles from two years to three years.

This SIP revision also incorporates the proposed 30 Texas Administrative Code Chapter 114, Control of Air Pollution from Motor Vehicles rulemaking (Rule Project No. 2025-012-114-AI) which would implement HB 3297 and SB 2102.

For additional information, please visit the Vehicle Inspection and Maintenance (I/M) Program webpage.

New Collin County Second 10-Year Maintenance Plan SIP Revision for the 2008 Lead National Ambient Air Quality Standard (NAAQS)

On September 10, 2025, the commission adopted the Collin County Lead Second 10-Year Maintenance Plan SIP Revision (Non-Rule Project No. 2024-042-SIP-NR). This SIP revision provides a second 10-year maintenance plan that ensures the Collin County area remains in attainment of the 2008 lead NAAQS through 2037, as required by the federal Clean Air Act (FCAA) §175A(b).

For additional information, please visit the Dallas–Fort Worth: Lead-Latest Planning Activities.

El Paso Emissions Inventory (EI) SIP Revision Withdrawal

On July 23, 2025, the commission approved withdrawal from U.S. Environmental Protection Agency (EPA) review, the El Paso EI SIP Revision (Non-Rule Project No. 2022-010-SIP-NR), adopted by the commission on November 16, 2022. The SIP revision being withdrawn is no longer a required SIP element for El Paso County due to the vacatur of the area’s nonattainment designation for the 2015 eight-hour ozone NAAQS.

Dallas Fort Worth (DFW) - Houston-Galveston-Brazoria (HGB) 2008 Ozone NAAQS Outdated SIP Elements Withdrawal

On July 23, 2025, the commission approved withdrawal from EPA review, the attainment demonstration, reasonably available control measure analysis (RACM), and motor vehicle emissions budget (MVEB) elements from five previously submitted SIP revisions that were adopted by the commission to meet moderate and serious classification requirements for the DFW and HGB nonattainment areas under the 2008 eight-hour ozone NAAQS (Non-Rule Project Nos. 2013-015-SIP-NR, 2015-014-SIP-NR, 2016-016-SIP-NR, 2019-077-SIP-NR, and 2019-078-SIP-NR). The moderate and serious SIP elements being withdrawn are no longer considered legal obligations by EPA due to reclassification of the areas to severe nonattainment for the 2008 eight-hour ozone NAAQS.

One-Hour Section 185 Fee Partial SIP Revision Withdrawal

On July 23, 2025, the commission approved withdrawal from EPA review, Section 185 fee program rule provisions 30 Texas Administrative Code (TAC) §101.118(a)(2) and §101.118(b), adopted by the commission on May 22, 2013, to address requirements under the revoked 1979 one-hour ozone NAAQS (Rule Project No. 2009-009-101-AI). The Section 185 fee program rules being withdrawn are no longer necessary or applicable since EPA has determined that the HGB area met the FCAA criteria for redesignation under the revoked one-hour ozone NAAQS and terminated all anti-backsliding obligations related to that standard, including the Section 185 fee.

Proposed Bexar County Serious Classification Attainment Demonstration (AD) SIP Revision for the 2015 Eight-Hour Ozone NAAQS

On July 9, 2025, the commission approved proposal of the Bexar County 2015 Eight-Hour Ozone Serious Area AD SIP Revision for the 2015 Eight-Hour Ozone NAAQS (Non-Rule Project No. 2024-041-SIP-NR). This proposed SIP revision would provide a photochemical modeling analysis, a weight of evidence analysis, a reasonably available control measures (RACM) analysis, a reasonably available control technology (RACT) analysis, and a contingency plan. To ensure that emissions from transportation projects that use federal transportation funding conform to the SIP, this proposed Bexar County AD SIP revision contains nitrogen oxides (NOX) and volatile organic compounds (VOC) motor vehicle emissions budgets (MVEB) for the 2026 attainment year.

The proposed SIP revision would also incorporate proposed changes to 30 Texas Administrative Code Chapter 115, Control of Air Pollution from Volatile Organic Compounds (Rule Project No. 2025-006-115-AI) and Chapter 117, Control of Air Pollution from Nitrogen Compounds (Rule Project No. 2025-007-117-AI) to address major source RACT requirements associated with reclassification from moderate to serious.

The public comment period opened on July 11, 2025 and closed on August 25, 2025. A public hearing was held for the proposed SIP revision and rulemakings on August 19, 2025 at 7:00 p.m. at the Alamo Area Council of Governments (AACOG). For more information, please visit the Proposed SIP Revisions and Public Hearing Information section of the Texas SIP Revisions webpage.

For additional information, please visit the San Antonio: Latest Ozone Planning Activities webpage.

Proposed Bexar County Serious Classification Reasonable Further Progress (RFP) SIP Revision for the 2015 Eight-Hour Ozone NAAQS

On July 9, 2025, the commission approved proposal of the Bexar County 2015 Eight-Hour Ozone Serious Area RFP SIP Revision for the 2015 Eight-Hour Ozone NAAQS (Non-Rule Project No. 2024-040-SIP-NR). The proposed RFP SIP revision would demonstrate that the Bexar County nonattainment area will achieve emissions reductions in ozone precursors (VOC and/or NOX) consistent with the serious ozone nonattainment area requirements of FCAA and the 2015 eight-hour ozone standard SIP requirements rule. In addition to demonstrating the required emissions reductions, this proposed SIP revision also provides a contingency plan for failure to demonstrate progress for the 2023 milestone year and/or the 2026 attainment year, a vehicle miles traveled demonstration, revised NOX and VOC MVEBs for 2023, and new MVEBs for the 2026 attainment year.

The proposed SIP revision would also incorporate emissions reductions from proposed rules in 30 Texas Administrative Code Chapter 115, Control of Air Pollution from Volatile Organic Compounds (Rule Project No. 2025-006-115-AI).

The public comment period opened on July 11, 2025 and closed on August 25, 2025. A public hearing was held for the proposed SIP revision and rulemakings on August 19, 2025 at 7:00 p.m. at the Alamo Area Council of Governments (AACOG). For more information, please visit the Proposed SIP Revisions and Public Hearing Information section of the Texas SIP Revisions webpage.

For additional information, please visit the San Antonio: Latest Ozone Planning Activities webpage.

Proposed Failure to Attain Fee Program for the 2008 Eight-Hour Ozone Standard

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 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.

The public comment period for the proposed Penalty Fee program opened on May 6, 2025, and closed on June 18, 2025. A virtual public hearing on the proposed Penalty Fee program was held on June 12, 2025 at 2:00 PM CDT.

For more information on the proposal, public comment opportunities, and the public hearing, please visit the Section 185 Fee Stakeholder Group webpage.

Proposed HB 3297 and SB 2102 Implementation I/M SIP Revision

On April 17, 2025, the commission approved proposal of the HB 3297 and SB 2102 Implementation I/M SIP Revision (Non-Rule Project No. 2025-013-SIP-NR). The proposed SIP revision would implement HB 3297, which eliminates the mandatory annual vehicle safety inspection program for noncommercial vehicles, and SB 2102, which extends the initial registration and inspection period for rental vehicles from two years to three years.

The proposed SIP revision would also incorporate the proposed 30 Texas Administrative Code Chapter 114, Control of Air Pollution from Motor Vehicles rulemaking (Rule Project No. 2025-012-114-AI) which would implement HB 3297 and SB 2102.

The public comment period comment opened on April 22, 2025 and closed on June 3, 2025. A virtual public hearing was offered for the proposed SIP revision and rulemaking on May 29, 2025 at 2:00 p.m. For more information, please visit the Proposed SIP Revisions and Public Hearing Information section of the Texas SIP Revisions webpage.

For additional information, please visit the Vehicle Inspection and Maintenance (I/M) Program webpage.

Proposed Collin County Second 10-Year Maintenance Plan SIP Revision for the 2008 Lead NAAQS

On April 3, 2025, the commission approved proposal of the Collin County Lead Second 10-Year Maintenance Plan SIP Revision (Non-Rule Project No. 2024-042-SIP-NR). The proposed SIP revision would provide a second 10-year maintenance plan that ensures the Collin County area remains in attainment of the 2008 lead NAAQS through 2037, as required by FCAA §175A(b).

The public comment period opened on April 7, 2025 and closed on May 12, 2025. A virtual public hearing was offered for the proposed SIP revision on May 9, 2025, at 10:30 am. For more information, please visit the Proposed SIP Revisions and Public Hearing Information section of the Texas SIP Revisions webpage.

For more information, please visit the DFW: Latest Lead Planning Activities webpage.

DFW Moderate Area Attainment Demonstration (AD) SIP Revision for the 2015 Eight-Hour Ozone NAAQS

On March 13, 2025, the commission adopted the DFW 2015 Eight-Hour Ozone Moderate Area AD SIP Revision for the 2015 Eight-Hour Ozone NAAQS (Non-Rule Project No. 2022-021-SIP-NR). This SIP revision includes a reasonably available control technology (RACT) analysis, performance standard modeling for the existing vehicle inspection and maintenance (I/M) program and certification statements to confirm the areas meet I/M, nonattainment new source review (NNSR), and Stage I gasoline vapor recovery program requirements.

For additional information, please visit the DFW: Latest Ozone Planning Activities webpage.

HGB Moderate Area AD SIP Revision for the 2015 Eight-Hour Ozone NAAQS

On March 13, 2025, the commission adopted the HGB Moderate Area AD SIP Revision for the 2015 Eight-Hour Ozone NAAQS (Non-Rule Project No. 2022-022-SIP-NR). The SIP revision includes a reasonably available control technology analysis, performance standard modeling for the existing vehicle I/M program, and certain required certification statements to confirm the areas meet I/M, nonattainment new source review, and Stage I gasoline vapor recovery program requirements for moderate nonattainment areas.

For additional information, please visit the HGB: Latest Ozone Planning Activities webpage.

DFW and HGB Moderate Area Reasonable Further Progress (RFP) SIP Revision for the 2015 Eight-Hour Ozone NAAQS

On March 13, 2025, the commission adopted the DFW and HGB 2015 Eight-Hour Ozone Moderate Area RFP SIP Revision for the 2015 Eight-Hour Ozone NAAQS (Non-Rule Project No. 2022-023-SIP-NR). This SIP revision includes the required emissions reductions, motor vehicle emissions budgets (MVEB) for the 2023 attainment year as well as the 2024 contingency year and demonstrates RFP for the DFW and HGB 2015 ozone NAAQS moderate nonattainment areas for the 2023 attainment year.

For additional information, please visit the DFW: Latest Ozone Planning Activities and HGB: Latest Ozone Planning Activities webpages.

Bexar County Moderate Area RFP SIP Revision for the 2015 Eight-Hour Ozone NAAQS

On March 13, 2025, the commission adopted the Bexar County Moderate Area RFP SIP Revision for the 2015 Eight-Hour Ozone NAAQS (Non-Rule Project No. 2022-024-SIP-NR). The SIP revision demonstrates progress toward attainment of the 2015 ozone NAAQS using reductions of nitrogen oxide (NOX) and volatile organic compound (VOC) emissions for the Bexar County 2015 ozone NAAQS moderate nonattainment area for the 2023 attainment year as well as the 2024 contingency year. The SIP revision also provides motor vehicle emissions budgets for the 2023 attainment year.

For additional information, please visit the San Antonio: Latest Ozone Planning Activities webpage.

Bexar County Moderate Area AD SIP Revision for the 2015 Eight-Hour Ozone NAAQS

On March 13, 2025, the commission adopted the Bexar County Moderate Area AD SIP Revision for the 2015 Eight-Hour Ozone NAAQS (Non-Rule Project No. 2022-025-SIP-NR). This SIP revision includes certification statements to confirm that NNSR and Stage I gasoline vapor recovery program requirements have been met for the Bexar County 2015 ozone NAAQS nonattainment area.

For additional information, please visit the San Antonio: Latest Ozone Planning Activities webpage.

2025 Regional Haze Progress Report

On December 18, 2024, the commission approved the 2025 Regional Haze Progress Report for the second planning period. The progress report addresses the regional haze requirements of federal Clean Air Act (FCAA), §169A for Big Bend and Guadalupe Mountains National Parks and Class I areas located outside of Texas that may be affected by emissions from Texas. An electronic version of the executive director’s progress report, appendices, and Federal Land Managers (FLM) comments are available on the SIP Revision: Regional Haze webpage.

Public Comment Period for the Draft 2025 Regional Haze Progress Report

On December 18, 2024, the commission will consider adoption of the 2025 Regional Haze Progress Report for the second planning period. The progress report addresses the regional haze requirements of FCAA, §169A for Big Bend and Guadalupe Mountains National Parks and Class I areas located outside of Texas that may be affected by emissions from Texas.

The draft 2025 Regional Haze Progress Report (Project No. 2024-007-OTH-NR) was available for public review and comment for a 30-day period from August 2, 2024 through September 3, 2024. The FLMs were given an opportunity to review the draft progress report for 60 days, from May 28, 2024 through July 29, 2024. An electronic version of the draft progress report, appendices, and FLM comments are available on the SIP Revision: Regional Haze webpage.

The comment period for 2025 progress report closed at 11:59 p.m. CDT on September 3, 2024.

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