Ozone Standards Developments

News on the 2015 Ozone National Ambient Air Quality Standard

On June 19, 2024, the EPA completed the response to the 2015 Ozone Standard reclassification requested by Texas Governor Greg Abbott in October 2023. The final action granting the reclassification of the Dallas – Fort Worth (DFW), San Antonio, and Houston – Galveston – Brazoria (HGB) areas from Moderate to Serious was published in the Federal Register on June 20. The reclassification has implications on the State Implementation Plan (SIP), which must be revised for these regions.

These adjusted requirements include enhanced monitoring, emissions inventory and emissions statement rule, Reasonable Further Progress (RFP), attainment demonstration and, as expeditiously as practicable, implementation of Reasonably Available Control Measures (RACM), use of Reasonably Available Control Technology (RACT), Nonattainment New Source Review (NSR), enhanced emission inspection and maintenance (I/M), Clean-fuel vehicle programs, and contingency. This rule is effective on July 22, 2024. 

Developments for the 2008 Ozone National Ambient Air Quality Standard

For the 2008 ozone standard of 75 ppb, the TCEQ is hosting a new Stakeholder Group for the federal Clean Air Act (FCCA) Section 185. If the DFW area fails to reach the 2008 standard ozone attainment by July 20, 2027, based on 2024, 2025, and 2026 monitoring data, the Section 185 fee is anticipated to be implemented as early as calendar year 2028. These penalty fees must be paid by major stationary point sources of nitrogen oxides (NOx) and/or volatile organic compounds (VOC), both ozone precursor pollutants, in an anticipated amount of approximately $45 Million. To sign up for the FCAA Section 185 Fee email group and join the stakeholder group to stay up-to-date on the Section 185 fee rule development visit: Texas Commission on Environmental Quality (govdelivery.com). The title of the email group is Penalty Fee for Major Stationary Sources Under the Federal Clean Air Act Section 185. The FCAA Section 185 Fee stakeholder group is open participation, and anyone is welcome to join. It may be of particular interest to the owners/operators of major stationary point sources located in 10-county DFW and eight-county HGB areas classified as severe nonattainment for the 2008 eight-hour ozone NAAQS.