CHAPTER 8. TITLE V OPERATING PERMIT PROGRAM, TRUST FUND, AND FEES
IC 13-17-8
Chapter 8. Title V Operating Permit Program, Trust Fund, and
Fees
IC 13-17-8-1
Title V operating permit program trust fund
Sec. 1. (a) The Title V operating permit program trust fund is
established to provide a source of money for the implementation,
enforcement, and administration of the operating permit program
required to implement 42 U.S.C. 7661 through 7661f of the federal
Clean Air Act, as provided in sections 2 through 9 of this chapter.
(b) The expenses of administering the fund shall be paid from the
money in the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(e) The sources of money for the fund are the following:
(1) Fees collected under the operating permit program required
to implement 42 U.S.C. 7661 through 7661f.
(2) Appropriations made by the general assembly.
(f) Money in the fund may be used only to pay the costs of the
operating permit program activities described in section 3 of this
chapter.
(g) Revenues that accrue to the fund are appropriated to the
department for the purposes described in section 3 of this chapter.
As added by P.L.1-1996, SEC.7.
IC 13-17-8-2
Fees; owner or operator of source requiring permit
Sec. 2. (a) The owner or operator of a source subject to the
requirement to obtain a permit necessary to implement 42 U.S.C.
7661 through 7661f shall pay a fee determined by the board under
rules adopted under IC 4-22-2.
(b) The department shall do the following:
(1) Collect the fees described in subsection (a).
(2) Deposit the fees in the Title V operating permit program
trust fund.
As added by P.L.1-1996, SEC.7.
IC 13-17-8-3
Fees; air pollution control board; permit program activities
Sec. 3. The air pollution control board shall adopt fees to be
collected under the operating permit program. The annual aggregate
amount of fees collected under the operating permit program from all
sources subject to the operating permit program must be sufficient to
cover only the direct and indirect reasonable costs of the following
permit program activities:
(1) Preparing rules, regulations, and guidance regarding
implementation and enforcement of the program.
(2) Reviewing and acting on the following:
(A) An application for an operating permit.
(B) An operating permit revision.
(C) An operating permit renewal.
(3) The general administrative cost of running the operating
permit program.
(4) Implementing and enforcing the terms of a permit granted
under the operating permit program. However, court costs for
enforcement actions are not included under this subdivision.
(5) Emissions and ambient monitoring.
(6) Modeling analyses and demonstrations.
(7) Preparing inventories and tracking emissions.
(8) Developing and administering a small business stationary
source technical and environmental compliance assistance
program.
As added by P.L.1-1996, SEC.7.
IC 13-17-8-4
Fee structure
Sec. 4. The fee structure established under section 3 of this
chapter may include any of the following:
(1) The placement of persons described in section 2(a) of this
chapter into categories.
(2) Fee amounts based on the amount and type of emissions if:
(A) maximum; and
(B) minimum or base;
fee amounts are included as part of the fee structure.
(3) Fee amounts based on the cost of performing the activities
described in section 3 of this chapter.
(4) A maximum fee amount for each source described in section
2(a) of this chapter;
(5) A base or minimum fee for each source described in section
2(a) of this chapter.
As added by P.L.1-1996, SEC.7.
IC 13-17-8-5
Fee structure; application
Sec. 5. The fee structure established under section 3 of this
chapter applies to each source subject to the requirement to obtain a
permit required to implement 42 U.S.C. 7661 through 7661f.
As added by P.L.1-1996, SEC.7.
IC 13-17-8-6
Fee structure; restrictions
Sec. 6. The following apply to the initial fee structure established
under section 3 of this chapter:
(1) Except as provided in subdivision (2), the initial fee
structure may not include a fee for a source that exceeds one
hundred fifty thousand dollars ($150,000) in each year.
(2) For a source that:
(A) is located in an area designated as a serious or severe
ozone nonattainment area under the federal Clean Air Act;
and
(B) emits more than:
(i) one hundred (100) tons of volatile organic compounds;
and
(ii) one hundred (100) tons of nitrogen oxides;
the initial fee structure may not include a fee that exceeds two
hundred thousand dollars ($200,000) in each year.
(3) Except as provided in subdivision (4), during the period:
(A) after December 31, 1994; and
(B) before January 1, 2000;
the fee structure may not be attributable to the amount or type
of emissions from a steam electric generating unit that is an
affected unit under 42 U.S.C. 7651c.
(4) During the period described in subdivision (3), the total
annual fee for affected units at a source that contains at least
one (1) affected unit described in subdivision (3) may not
exceed fifty thousand dollars ($50,000). Fees paid for the
source under the fee structure established in section 3 of this
chapter shall be credited toward the amount of the fee that the
source is required to pay under this subdivision.
As added by P.L.1-1996, SEC.7.
IC 13-17-8-7
Fees; increases and decreases in amount
Sec. 7. (a) Except as provided in section 8 of this chapter, this
section applies to an increase or a decrease in the fees described in
this chapter:
(1) based on the Consumer Price Index (CPI), consistent with
42 U.S.C. 7661a; or
(2) necessary to provide adequate revenue to fund all activities
described under section 3 of this chapter.
(b) The increase or decrease shall be made equally and
proportionately to all:
(1) minimum fees;
(2) base fees;
(3) maximum fees;
(4) cost of service fees; and
(5) emission based fees;
established as described in this chapter or as revised by the board.
As added by P.L.1-1996, SEC.7.
IC 13-17-8-8
Fees; adjustments to cost of service
Sec. 8. The requirement for equal and proportionate increases
does not apply to adjustments to cost of service based fees that are:
(1) the result of increased activities described under section 3
of this chapter; and
(2) attributable to federal mandates related to particular types or
categories of sources.
As added by P.L.1-1996, SEC.7.
IC 13-17-8-9
Annual accounting
Sec. 9. The commissioner shall provide the Administrator of the
United States Environmental Protection Agency with an annual
accounting of:
(1) the receipt of operating permit fees; and
(2) the expenditure of money in the fund under this chapter;
to demonstrate that operating permit fees are used solely to support
the operating permit program.
As added by P.L.1-1996, SEC.7.
IC 13-17-8-10
Failure to obtain permit
Sec. 10. (a) This section applies to the issuance or denial of an
operating permit under the operating permit program established
under 42 U.S.C. 7661 through 7661f.
(b) If:
(1) an applicant has submitted a timely and complete
application for a permit required under the operating permit
program; and
(2) final action has not been taken on the application;
the applicant's failure to have a permit is not a violation of this article
until after final agency action is taken on the permit application.
As added by P.L.1-1996, SEC.7.