On May 22, 2013, the TCEQ commissioners approved adoption of rules to implement Federal Clean Air Act provisions regarding the imposition of a penalty fee for major stationary sources of volatile organic compounds ("VOC") located in an area that fails to attain the ozone National Ambient Air Quality Standard ("NAAQS") by the applicable attainment date. The rule will apply to the Houston-Galveston-Brazoria ("HGB") area because it was classified as severe for the revoked one-hour ozone NAAQS and did not achieve the standard by its November 15, 2007 attainment date.  

The rules schedule the initial fee assessment after rule adoption using the 2012 emissions inventory. Major stationary sources in the HGB area will pay a fee of $5,000 per ton in excess of 80 percent of a baseline amount of VOC and NOX, as adjusted by the consumer price index. The adjusted penalty amount for 2012 is $9,169 per ton. The fee will be due annually until the area is redesignated attainment, has a design value of attainment, or other action is taken by the U.S. Environmental Protection Agency to end the fee program.

Additional information about the adopted rules is available on TCEQ's website.