Section 101.118 - Cessation of Program(a) The Failure to Attain Fee will continue to apply until one of the following actions is final: (1) redesignation of the Houston-Galveston-Brazoria one-hour ozone nonattainment area by the United States Environmental Protection Agency (EPA) to attainment;(2) finding of attainment by the EPA; or(3) any action or rulemaking by the EPA to end the Failure to Attain fee.(b) Notwithstanding subsection (a) of this section, the Failure to Attain Fee will be calculated but not invoiced, and the fee collection may be placed in abeyance by the executive director if three consecutive years of quality-assured data resulting in a design value that did not exceed the one-hour ozone National Ambient Air Quality Standard (NAAQS), or a demonstration indicating that the area would have attained by the attainment date but for emissions emanating from outside the United States, are submitted to the EPA. The design value may exclude days submitted to the EPA by the executive director that exceeded the NAAQS because of exceptional events. Fee collection will remain in abeyance until the EPA takes final action on its review of the certified monitoring data and any demonstration(s).30 Tex. Admin. Code § 101.118
The provisions of this §101.118 adopted to be effective June 12, 2013, 38 TexReg 3610