| (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).
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