Public Law 250-2019 was passed by the 2019 Indiana General Assembly to amend the process in IC 13-16 concerning the adoption of environmental fees by the Environmental Rules Board (board) for both the water and waste programs. The amendments provide a process by which the board may direct IDEM to initiate a rulemaking to address fees based on information collected by IDEM and presented to the board for its review and consideration. Public Law 250-2019 also establishes that the board may not change fees more than one time in five years, and the fee increases may not amount to more than 10%.
Office of Water Quality, Water Permitting Fee Updates:
The increases in fees collected by IDEM will be used to fund its work of issuing permits to wastewater and drinking water treatment plants and other water related activities. For some time, the collected fees have not been sufficient to cover IDEM’s costs of operating the water programs. The fees associated with issuing permits and operating the permit programs have not changed since a statutory fee structure was passed by the General Assembly in 1996 for NPDES permits. Changes to the statutory structure did occur in 2003 for public water system permits, and 1997 for confined feeding operation permits.
To view the updated fees, see the Final Rule document: 20220622-IR-327200026FRA
Office of Land Quality, Solid Waste and Hazardous Waste Program Permitting Fee Updates:
The increase in fees for IDEM’s solid and hazardous waste programs will be used to fund the operations of the program from permitting to inspection and enforcement. Public Law 250-2019 also provides that the statutory fee structure will be removed for the fees that are adopted by rule in accordance with the updated process.
To view the updated fees, see the Final Rule document: 20220608-IR-329200024FRA
Office of Land Quality, Confined Feeding Operations and Concentrated Animal Feeding Operations Fee Updates:
In 2021, an increase in permit fees associated with some CFO/CAFO permit types was passed into law by the Indiana General Assembly. These fee increases will be used to help compensate for the operating costs associated with permitting. The fee increases are effective June 22, 2022. A new annual fee of one hundred $100 dollars will be assessed for each permitted CFO/CAFO moving forward.
To view the updated fees, see the New Fee Schedule [PDF]
Office of Air Quality, Title V Air Permit Fee Updates:
The air permit fees were not a part of the original statutory fee structure adopted in 1996. The statutory fee structure was put in place after IDEM’s water and waste fees were struck down from a lawsuit that challenged IDEM’s water and waste fees at the time. The Indiana General Assembly granted authority for IDEM to implement the amendments to the Clean Air Act that occurred in 1990, including the development of the Title V Permit Program. The implementation included the ability to adopt Title V fees by rule in accordance with the funding requirements under the Clean Air Act. These fees have been adopted by rule since that time. The program is required to request the increase based on the cost of implementing the permitting program and providing data to the board to justify the requested fee increases.
Office of Air Quality’s Title V program fees were increased by 27% in August 2019, including all fees from Part 70 sources under Title 326, Article 2, Rule 7 of the Indiana Administrative Code (326 IAC 2-7), Federally Enforceable State Operating Permit sources under 326 IAC 2-8, and Source Specific Operating Agreement sources under 326 IAC 2-9. IDEM’s Air Permit Timeframes and Fees webpage provides a table containing base application fees for permits.
To view the updated fees, see the Final Rule document: 20210303-IR-326200021FRA