1.As used in this section, unless the context otherwise requires:
a.“Federal Clean Air Act Amendments of 1990” means the same as defined in section
455B.133B.
b.“State fiscal year” means the fiscal year described in section 3.12.
2.An air quality fund is created in the office of the treasurer of state under the control
of the department. The fund shall be composed of a major source account, a minor source
account, and an asbestos account as provided in this section.
3.Thecommissionmayestablishfeestobeimposedandcollectedbythedepartmentupon
air contaminant sources required by 567 IAC ch. 22, 31, or 33, to obtain a permit, registration,
template, or permit by rule, or to provide notification under 567 IAC 23.1(3). In establishing
the fees, the commission shall use the calculated estimate
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1. As used in this section, unless the context otherwise requires:
a. “Federal Clean Air Act Amendments of 1990” means the same as defined in section
455B.133B.
b. “State fiscal year” means the fiscal year described in section 3.12.
2. An air quality fund is created in the office of the treasurer of state under the control
of the department. The fund shall be composed of a major source account, a minor source
account, and an asbestos account as provided in this section.
3. Thecommissionmayestablishfeestobeimposedandcollectedbythedepartmentupon
air contaminant sources required by 567 IAC ch. 22, 31, or 33, to obtain a permit, registration,
template, or permit by rule, or to provide notification under 567 IAC 23.1(3). In establishing
the fees, the commission shall use the calculated estimate described in this section. The fees
collected shall be credited to the fund. The fund may include any other moneys appropriated
bythegeneralassemblyorotherwiseavailabletoandobtainedoracceptedbythedepartment
for deposit in the fund.
4. a. The commission shall establish each fee amount based on the department’s
calculated estimate of total revenues from all fees predicted to be credited to each account
in the fund, but not to exceed a ceiling amount for each account as provided in this section.
However, this subsection does not require that an account have a zero ending balance at the
close of a state fiscal year.
b. Eachstatefiscalyearthedepartmentshallrecomputeitscalculatedestimateandobtain
approval from the commission if an established fee amount must be adjusted.
c. (1) The department shall annually convene air quality fees stakeholder meetings. The
department shall provide a report on the fees and budgets to the stakeholders regarding each
account described in this section. The department shall consider any recommendations of
the stakeholders when computing its calculated estimate for the following state fiscal year.
(2) Apersoninvitedtoattendastakeholdermeetingisnotentitledtoreceiveaperdiemas
specified in section 7E.6 and shall not be reimbursed for expenses incurred while attending
the meeting.
5. a. The major source account shall include all fees established by the commission to be
imposed and collected by the department for accepting applications for new source review
permits including permit revisions submitted by major sources as defined in section 502 of
the federal Clean Air Act Amendments of 1990, 42 U.S.C. §7661, under new source review
programspursuanttothatfederalAct, includingasprovidedunder567IACch.22, 31, and33.
§455B.133C, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 20
b. (1) The department’s calculated estimate for the major source account shall be
computed to produce total revenues sufficient to pay for reasonable direct and indirect costs
of implementing and administering new source review programs described in paragraph “a”
on a state fiscal year basis.
(2) Thereasonabledirectandindirectcostsdescribedinsubparagraph(1)shallbelimited
to all of the following:
(a) Reviewing and acting on any application for a new source review permit, including
the determination of all applicable requirements and dispersion modeling as part of the
processing of a permit or permit revision, or an applicability determination.
(b) General administrative costs of administering new source review programs including
supporting and tracking of any application for a new source review permit and related data
entry.
(c) (i) Developing and implementing an expedited new source review permit application
process.
(ii) Additional fees associated with subparagraph subdivision (i).
c. (1) The department’s calculated estimate for the major source account shall not
produce total revenues in excess of one million five hundred thousand dollars during any
state fiscal year.
(2) Notwithstandingsubparagraph(1),thedepartment’scalculatedestimateforthemajor
sourceaccountshallnotincludetheadditionalfeesdescribedinparagraph“b”,subparagraph
(2), subparagraph division (c), subparagraph subdivision (ii).
d. Moneys in the major source account are appropriated to the department to pay for
reasonable direct and indirect costs of implementing and administering new source review
programs as specified in paragraph “b”, subparagraph (2).
6. a. The minor source account shall include all fees established by the commission to be
imposed and collected by the department for accepting applications submitted by minor air
contaminant sources for construction permits or for providing for registrations, permits by
rule, or template permits in lieu of obtaining construction permits, under minor source new
sourcereviewprogramspursuanttothefederalCleanAirActAmendmentsof1990,including
as provided under 567 IAC ch. 22.
b. (1) The department’s calculated estimate for the minor source account shall be
computed to produce total revenues sufficient to pay for reasonable direct and indirect costs
of implementing and administering minor source new source review programs as described
in paragraph “a” on a state fiscal year basis.
(2) The reasonable direct and indirect costs described in subparagraph (1) shall include
costs associated with a new, modified, or existing minor air contaminant source, and related
control equipment.
c. The department’s calculated estimate for the minor source account shall not produce
total revenues in excess of two hundred fifty thousand dollars during any state fiscal year.
d. Moneys in the minor source account are appropriated to the department to pay for
reasonable direct and indirect costs of implementing and administering minor source new
source review programs as specified in paragraph “b”.
7. a. The asbestos account shall include all fees established by the commission to be
imposed and collected by the department for accepting notifications involving demolition
or renovation projects under the asbestos national emission standard for hazardous air
pollutants program pursuant to 567 IAC ch. 23.
b. The department’s calculated estimate for the asbestos account shall be computed
to produce total revenues sufficient to pay for reasonable direct and indirect costs of
implementing and administering the asbestos national emission standard for hazardous air
pollutants program as provided in paragraph “a” on a state fiscal year basis.
c. The department’s calculated estimate for the asbestos account shall not produce total
revenues in excess of four hundred fifty thousand dollars during any state fiscal year.
d. Moneys in the asbestos account are appropriated to the department to pay for
reasonable direct and indirect costs of implementing and administering the asbestos national
emission standard for hazardous air pollutants program as specified in paragraph “b”.
21 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.134
8. Fees established pursuant to this section shall not be imposed for the regulation of an
activity that exceeds the requirements of the federal Clean Air Act Amendments of 1990.
9. a. The commission or department shall not transfer moneys credited from one account
to another account of the fund.
b. Notwithstanding section 8.33, any unexpended balance in an account of the fund at the
end of each state fiscal year shall be retained in that account.
c. Notwithstanding section 12C.7, any interest and earnings on investments from moneys
in an account of the fund shall be credited to that account.