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TCEQ adopts state-administered fee program for 2008 ozone standard; Public Citizen objects
Summary
The commission adopted new 30 TAC Chapter 101 Subchapter K to establish a state-administered fee program for the 2008 eight-hour ozone National Ambient Air Quality Standard for specified severe nonattainment areas; Public Citizen opposed the rule during public comment, while OPIC supported adoption.
The Texas Commission on Environmental Quality voted to adopt new rules (30 Texas Administrative Code Chapter 101, Subchapter K) and corresponding State Implementation Plan revisions establishing a state-administered fee program to satisfy Clean Air Act fee requirements for the 2008 eight-hour ozone standard in the Dallas-Fort Worth and Houston-Galveston-Brazoria severe nonattainment areas.
Danielle Nastasil of the Air Quality Division presented the rulemaking and sought authorization to make non-substantive revisions for Texas Register filing. The executive director recommended adoption to satisfy federal Clean Air Act sections 182(d)(3) and 185.
The Office of Public Interest Counsel supported adoption, reasoning that a state-administered fee program keeps fee collection and targeting at the state level and helps avoid an EPA-administered default that could result in fee revenue not returning to Texas. OPIC also said the rulemaking and disposition of comments reasonably balanced stakeholder input.
Public Citizen (Catherine Guerra) testified in opposition, saying the program would amount to a subsidy shift that lets major stationary sources avoid stronger controls while mobile-source-funded activities would be used to offset fees owed by industry. Guerra said the rule as proposed "bends the Federal Clean Air Act rules in favor of industry" and expressed concern that the proposal does not create new funding for air-quality improvements or disincentives for large polluters.
After discussion acknowledging substantial public input and a lengthy rule-development effort, a commissioner moved to adopt the rules and SIP revision. The motion passed by voice vote.
The commission authorized staff to make non-substantive corrections required for Texas Register publication and noted the rulemaking will be filed ahead of federal deadlines discussed by staff.
