Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 101 - GENERAL AIR QUALITY RULES
Subchapter B - FAILURE TO ATTAIN FEE
Section 101.113 - Failure to Attain Fee Obligation
Current through Reg. 50, No. 13; March 28, 2025
(a) Pollutant applicability. The total fee obligation must be met for each pollutant, volatile organic compounds (VOC), nitrogen oxides (NO), or both, for which the Section 185 Account meets the requirements of § 101.101 of this title (relating to Applicability) for any year or partial year that the Section 185 Account operated as a major stationary source. Actual VOC or NO emissions may be kept separate or aggregated together. A single pollutant may be aggregated across multiple major stationary sources, or both VOC and NO may be aggregated together across multiple major stationary sources. Aggregation is limited to emissions from:
(b) Obligation. The owner or operator of each major stationary source to which this rule applies shall pay a fee to the commission computed in accordance with subsection (d) of this section. Payment of all fees must be paid in accordance with § 101.116 of this title (relating to Failure to Attain Fee Payment). The fee will be assessed on actual emissions that exceed 80% of the pollutant baseline amount. The fee is due until the Failure to Attain Fee no longer applies to the area as described under § 101.118 of this title (relating to Cessation of Program).
(c) Separate pollutant obligation. Fee obligation from VOC or NO emission major stationary sources not qualified or chosen for baseline aggregation under § 101.107 of this title will remain separate and due from each major stationary source. The fee will be calculated by the method described in subsection (d) of this section.
(d) Calculation of fee for emissions. The fee will be calculated in accordance with the method used for a baseline amount determination.