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. [Pre-1996 Recodification Citation: 13-1-1-26(f).]
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