The following apply to the initial fee structure established under section 3 of this chapter:

1. (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. (2) For a source that:

   1. (A) is located in an area designated as a serious or severe ozone nonattainment area under the federal Clean Air Act; and

   2. (B) emits more than:

      1. (i) one hundred (100) tons of volatile organic compounds; and

      2. (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. (3) Except as provided in subdivision (4), during the period:

   1. (A) after December 31, 1994; and

   2. (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. (4) During the period described in subdivision (3), the total annual fee for affected units at a source that contains at least one

5. (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).]

As added by P.L.1-1996, SEC.7.