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455B.133A Temporary air toxics fee imposed.

1. Beginning July 1, 1991, and thereafter until such time as the operating permit fee is established by rule of the commission, and approved by the United States environmental protection agency under section 502(b) of the federal Clean Air Act Amendments of 1990, an annual fee of twenty-five dollars per ton of the hazardous air pollutants included in Title III of the federal Clean Air Act Amendments of 1990 shall be paid by the affected sources. The fee paid shall be based upon the air emissions of such pollutants as reported or estimated by the source in the previous calendar year.

A source required to report hazardous air pollutant emissions under section 313 of EPCRA shall pay a fee based upon the most recently reported emissions. A person shall pay the established fee for hazardous air pollutants which are not included in section 313 of EPCRA, but which are included in Title III of the federal Clean Air Act Amendments of 1990, based upon the facility's estimates of emissions as required by section 313 of EPCRA including threshold determinations and de minimus exclusions. An affected source under this subsection which is involved in the animal feed milling industry (Standard Industrial Classification (SIC) Code 2048) and which emits less than one hundred pounds of hazardous air pollutants, annually, is exempt from payment of the fee imposed. An affected source which is involved in the animal feed milling industry which emits one hundred pounds through one ton of hazardous air pollutants, annually, shall pay an annual fee of twenty-five dollars.

2. Moneys collected shall be deposited in the air contaminant source fund created pursuant to section 455B.133B. Notwithstanding section 8.33, any unexpended balance remaining in the fund, which was generated pursuant to this section, shall remain in the fund for the purposes designated under section 455B.133, subsection 8. Notwithstanding section 12C.7, any interest and earnings on investments from moneys in the fund shall be used for the purposes of the fund.

Section History: Recent form

91 Acts, ch 255, § 9; 92 Acts, ch 1052, § 1; 92 Acts, ch 1163, § 90

Internal References

Referred to in § 455B.133B, 455B.517


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