Section 326IAC2-8-16. Fees

   (a) The application fee for an initial FESOP shall be billed in accordance with 326 IAC 2-1.1-7(e)(1) unless a source is subject to an application fee established under section 18 of this rule.

  (b) A source that has been issued a FESOP under this rule shall pay an annual operating fee in accordance with 326 IAC 2-1.1-7(e)(5) upon billing by the department unless a source is subject to an annual operating fee established under section 18 of this rule. If an annual operating fee is being paid under a fee payment schedule established under IC 13-16-2-1, the fee shall be paid according to the established 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.

For sources that submit an application for a FESOP after December 31, 1995, a source that has been issued a FESOP shall not be assessed an annual operating fee in the billing cycle immediately following issuance of the FESOP, but shall be assessed the annual operating fee in subsequent billing cycles.

  (c) The commissioner shall adjust FESOP fees in accordance with 326 IAC 2-1.1-7(b)(1).

  (d) A source that applies for a FESOP at least nine (9) months in advance of the requirement to apply for a Part 70 permit is not subject to the 326 IAC 2-7-19 fee schedule until the commissioner makes a final determination on the FESOP application or a final Part 70 permit is issued for the source.

  (e) The commissioner shall review the monies in the Title V operating permit trust fund prior to billing FESOP 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 department shall adjust the annual fee schedule for Part 70 and FESOP sources to bill an aggregate less than the total fee schedule amount equivalent to the amount in excess of 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.

  (f) A fee established under this section may be billed in whole or in part by a local air pollution control agency under terms of an enforceable written agreement or contract between the local air agency and the commissioner. Any FESOP fee paid to a local air agency shall be considered as revenue to the Title V operating permit trust fund and after the effective date of approval by the U.S. EPA of the Part 70 permit program may 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 FESOP 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 rule in part to both the department and local air agency such that the total FESOP fee does not exceed the amount in this rule. The department may assess a fee not to exceed twenty-five percent (25%) of the local fee in order to recover costs associated with development and preparation of a complete statewide Title V operating permit program for activities that will not be duplicated by the local air agency if it is determined that the local air agency fees collected from Part 70 and FESOP permittees do not provide adequate revenues for the local agency to develop and prepare for the Title V operating permit program at a pace comparable to state development and preparation. (Air Pollution Control Division; 326 IAC 2-8-16; filed May 25, 1994, 11:00 a.m.: 17 IR 2279; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2362; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1059; errata filed Jul 23, 2007, 4:19 p.m.: 20070815-IR-326070466ACA; filed Sep 28, 2011, 10:56 a.m.: 20111026-IR-326070286FRA)