IC 13-17-8
    Chapter 8. Title V Operating Permit Program, Trust Fund, andFees

IC 13-17-8-1
Title V operating permit program trust fund
    Sec. 1. (a) The Title V operating permit program trust fund isestablished to provide a source of money for the implementation,enforcement, and administration of the operating permit programrequired to implement 42 U.S.C. 7661 through 7661f of the federalClean Air Act, as provided in sections 2 through 9 of this chapter.
    (b) The expenses of administering the fund shall be paid from themoney in the fund.
    (c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
    (d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
    (e) The sources of money for the fund are the following:
        (1) Fees collected under the operating permit program requiredto 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 theoperating permit program activities described in section 3 of thischapter.
    (g) Revenues that accrue to the fund are appropriated to thedepartment 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 therequirement to obtain a permit necessary to implement 42 U.S.C.7661 through 7661f shall pay a fee determined by the board underrules 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 programtrust 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 becollected under the operating permit program. The annual aggregateamount of fees collected under the operating permit program from allsources subject to the operating permit program must be sufficient tocover only the direct and indirect reasonable costs of the followingpermit program activities:        (1) Preparing rules, regulations, and guidance regardingimplementation 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 operatingpermit program.
        (4) Implementing and enforcing the terms of a permit grantedunder the operating permit program. However, court costs forenforcement 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 stationarysource technical and environmental compliance assistanceprogram.
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 thischapter may include any of the following:
        (1) The placement of persons described in section 2(a) of thischapter 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 activitiesdescribed in section 3 of this chapter.
        (4) A maximum fee amount for each source described in section2(a) of this chapter;
        (5) A base or minimum fee for each source described in section2(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 thischapter applies to each source subject to the requirement to obtain apermit 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 establishedunder section 3 of this chapter:
        (1) Except as provided in subdivision (2), the initial feestructure 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 severeozone 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 twohundred 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 typeof emissions from a steam electric generating unit that is anaffected unit under 42 U.S.C. 7651c.
        (4) During the period described in subdivision (3), the totalannual fee for affected units at a source that contains at leastone (1) affected unit described in subdivision (3) may notexceed fifty thousand dollars ($50,000). Fees paid for thesource under the fee structure established in section 3 of thischapter shall be credited toward the amount of the fee that thesource 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, thissection applies to an increase or a decrease in the fees described inthis chapter:
        (1) based on the Consumer Price Index (CPI), consistent with42 U.S.C. 7661a; or
        (2) necessary to provide adequate revenue to fund all activitiesdescribed under section 3 of this chapter.
    (b) The increase or decrease shall be made equally andproportionately 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 increasesdoes 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 orcategories 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 theUnited States Environmental Protection Agency with an annualaccounting 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 supportthe 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 anoperating permit under the operating permit program establishedunder 42 U.S.C. 7661 through 7661f.
    (b) If:
        (1) an applicant has submitted a timely and completeapplication for a permit required under the operating permitprogram; 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 articleuntil after final agency action is taken on the permit application.
As added by P.L.1-1996, SEC.7.