Section 326 IAC 2-7-19 - FeesAuthority: IC 13-14-8; IC 13-17
Affected: IC 4-21.5; IC 13-15; IC 13-16-2-1; IC 13-17-8
Sec. 19.
(a) Owners or operators of Part 70 sources are required to pay annual fees as established by 326 IAC 2-1.1-7 and this rule.(b) A source shall pay the annual fee within thirty (30) calendar days of receipt of a billing by the department. The department shall bill each source no later than February 1 of each year. A source that begins operation for the first time in a given year shall be billed on a prorated basis by determining the number of complete months remaining in the calendar year and dividing by twelve (12) to determine the percent of the annual fee due to the department. If a source subject to this rule does not receive a bill from the department, the applicable fee must be submitted to the department by April 1 of that year. If an annual fee is being paid under a fee schedule established under IC 13-16-2-1, the fee shall be paid in accordance with that schedule. Establishment of a fee payment schedule must be consistent with the provisions of IC 13-16-2-1, including the determination that: (1) a single payment of the entire fee is an undue hardship on the person; and(2) the department is not required to assess installments separately.(c) Each Part 70 source shall pay an annual fee in accordance with 326 IAC 2-1.1-7(d)(4). The annual emission statement submitted during the previous calendar year required by 326 IAC 2-6 or section 5(3)(C)(iii) of this rule and other available information shall be the basis for determining total tons of actual emissions of each regulated pollutant. The commissioner may require that the source report annual emissions using procedures acceptable to the commissioner prior to billing, if: (1) an annual emission report is not required; or(2) more information is needed to accurately determine a source's emissions for a regulated pollutant.(d) After review of the source's annual emission statement and all other available information, the commissioner shall calculate the total emissions to be included in the determination of the annual fee. No source shall be required to pay more than a single dollar-per-ton fee during any billing period for any one (1) ton of pollutant emitted. If the source disputes the calculation of total emissions at the time of the billing, the source shall remit the total fee minus the amount attributable to the disputed emissions total within thirty (30) days of the receipt of a billing. The source shall provide supporting emissions calculations for the commissioner's review no later than thirty (30) days from receipt of the initial billing. The commissioner shall review the information and make a final determination of the total annual fee. The source shall pay any remaining fee within fifteen (15) days of receipt of a second billing. The commissioner's determination of a final fee amount is a final action for purposes of IC 4-21.5.(e) The commissioner shall adjust Part 70 fees in accordance with 326 IAC 2-1.1-7(b)(1). In the event that the revenues collected in a given calendar year are insufficient to support the direct and indirect costs of the Title V operating permit program, the commissioner may adjust the fee schedule as necessary to assure adequate revenues, not to exceed thirteen million seven hundred thousand dollars ($13,700,000) (adjusted by CPI), are collected. The commissioner shall include the full balance of the Title V operating permit program trust fund in determining whether the available funds for the billing year total thirteen million seven hundred thousand dollars ($13,700,000) (adjusted by CPI). Prior to making any such fee adjustment, the commissioner shall: (1) prepare a report demonstrating: (A) the revenue shortfall;(B) the need for additional resources to effectively implement the Part 70 permit program; and(C) any proposed adjustment to the fee schedule; and(2) make the report available to the public at least sixty (60) days in advance of a regularly scheduled meeting of the air pollution control board, at which the report shall be discussed and affirmed by a majority vote of the board members present. Upon a determination by the commissioner that a fee adjustment is necessary, Part 70 sources shall be billed for the adjustment during the billing cycle following such determination.
(f) The commissioner shall review the monies in the Title V operating permit trust fund prior to billing Part 70 sources. If the balance of the fund, once obligated expenditures are subtracted from the balance, exceeds three million dollars ($3,000,000) as of July 1 of the billing year, the commissioner shall adjust the annual fee schedule to bill an amount, in the aggregate, equivalent to the fee schedule amount, less the excess over three million dollars ($3,000,000). Adjustments to individual bills shall be proportional to the applicable fee divided by the total amount required by all the applicable fees.(g) The commissioner shall present a report to the air pollution control board by October 15 of each calendar year. The report shall include the following information regarding the permit program required by this rule:(1) The number of sources subject to the requirements of this rule.(2) The number of permit applications received by the department.(3) The number and timeliness of final permit actions taken the previous year.(4) A summary of expenditures and revenues to the Title V operating permit program trust fund for the previous year.(5) The adequacy of the fees collected by the department to fund the Part 70 permit program.(6) A description of any monies deposited into the Title V operating permit program trust fund that were obtained by means other than fees paid under 326 IAC 2-1.1-7(d) through 326 IAC 2-1.1-7(g). The description shall document that the revenues were not used to cover any direct or indirect costs of the Title V operating permit program. Based on the report, the board may recommend that the commissioner prepare revisions to the annual fee schedule such that the annual aggregate amount of fees collected under the operating permit program is sufficient to cover only the direct and indirect costs of the permit program.
(h) A fee schedule established in subsection (c) may be billed in whole or in part by a local air pollution control agency per terms of an enforceable written agreement or contract between the local air agency and the commissioner. Any Part 70 fee paid to a local air agency shall be considered as revenue to the Title V operating permit trust fund and may, after U.S. EPA approval of the Part 70 permit program, only be expended for purposes consistent with IC 13-17-8-2 through IC 13-17-8-9. A local air agency billing to a Part 70 source shall:(1) specify the amount being assessed under this section; and(2) distinguish any other amount billed as not pursuant to the purposes of IC 13-17-8-2 through IC 13-17-8-9 under an enforceable agreement with the commissioner. The commissioner or local air agency may direct the source to make payment of fees established under this section in part to both the department and the local air agency such that the total Part 70 permit program fee does not exceed the amount in subsection (c).
*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
Air Pollution Control Board; 326 IAC 2-7-19; filed May 25, 1994, 11:00 a.m.: 17 IR 2267; errata filed May 25, 1994, 11:10 a.m.: 17 IR 2358; errata filed Dec 21, 1994, 9:37 a.m.: 18 IR 1290; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2349; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1045; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3107; filed May 21, 2002, 10:20 a.m.: 25 IR 3069; filed Sep 28, 2011, 10:56 a.m.: 20111026-IR-326070286FRA