{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-5-113","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-5-113","heading":"Permit fees - Department of Environmental Quality","body":"Revolving Fund subaccount.\n\nA. Upon the effective date of rules promulgated pursuant to the\n\nOklahoma Clean Air Act establishing a schedule of permit fees, the\n\nowner or operator of any source required to have a permit shall be\n\nsubject to pay to the Department or, upon delegation, the\n\nappropriate city-county authority:\n\n1. A fee sufficient to cover the reasonable cost of reviewing\n\nand acting upon any application for a construction or operating\n\npermit for any new source or for the modification of any existing\n\nsource;\n\n2. An annual operating permit fee sufficient to cover the\n\nreasonable costs, both direct and indirect, of implementing and\n\nenforcing the permit program authorized by the Oklahoma Clean Air\n\nAct and the Federal Clean Air Act, including, but not to be limited\n\nto:\n\na. the costs of reviewing and acting upon any permit\n\nrenewal,\n\nb. emissions and ambient monitoring, for those costs\n\nincurred under the permitting program,\n\nc. preparing generally applicable rules or guidance,\n\nd. modeling, monitoring, analyses and demonstrations,\n\ne. preparing inventories and tracking emissions, and\n\nf. inspections and enforcement.\n\nB. The annual operating fee may be imposed in graduated yearly\n\nincreases as necessary to cover the above costs, but for any major\n\nsource, affected source, or any source, including an area source,\n\nsubject to standards or regulations under Section 111 or 112 of the\n\nFederal Clean Air Act, any source required to have a permit under\n\nparts C or D of Title I of the Federal Clean Air Act, or any other\n\nsource as may be required to have a permit pursuant to the Federal\n\nClean Air Act, the fee, beginning January 1, 1993, shall be Ten\n\nDollars ($10.00) per ton of regulated air contaminant, due and\n\npayable upon receipt of invoice. Thereafter, following rulemaking,\n\nthe annual operating fee shall be Twenty-five Dollars ($25.00) per\n\nton or such amount, either higher or lower, as is determined to\n\nadequately reflect the demonstrated reasonable costs of the\n\noperating permit program. Fees may be based upon the amount of\n\nregulated air contaminant allowed by permit to be emitted, or upon\n\nactual emissions properly determined, or both; provided, however,\n\nthat the rate per ton shall be the same whether applied to actual or\n\nto allowable emissions. The applicant shall annually have the\n\noption to elect either actual or allowable emissions as the basis\n\nfor calculating the operating fee. For other sources subject to\n\npermitting requirements, fees may be assessed consistent with the\n\ncriteria in subsection A of this section. No fee, however, shall be\n\nrequired for the emission of carbon monoxide and no assessment shall\n\nbe made for emissions in excess of four thousand (4,000) tons per\n\ncontaminant per year per source, or any group or stationary sources\n\nlocated within a contiguous area and under common control.\n\nC. The fees authorized in this section shall be set forth by\n\nrule and shall preclude collection of any additional permitting fees\n\nby any other state or local governmental authority for emission of\n\nthe same air contaminants. Provided further, in the event that a\n\nparticular substance may exhibit the characteristics of more than\n\none type of regulated air contaminant, and to prevent a double fee\n\nfrom being assessed, the Department may assign only one single\n\nclassification to that particular substance for fee assessment\n\npurposes. For those sources subject to the fee specified in\n\nsubsection B of this section, the rule shall further provide for the\n\nannual operating fee to be adjusted automatically each year by the\n\npercentage, if any, by which the Consumer Price Index for the most\n\nrecent calendar year ending before the beginning of such year\n\nexceeds the Consumer Price Index for the calendar year 1989. For\n\nthe purposes of this subsection:\n\n1. The Consumer Price Index for any calendar year is the\nion, the rule shall further provide for the\n\nannual operating fee to be adjusted automatically each year by the\n\npercentage, if any, by which the Consumer Price Index for the most\n\nrecent calendar year ending before the beginning of such year\n\nexceeds the Consumer Price Index for the calendar year 1989. For\n\nthe purposes of this subsection:\n\n1. The Consumer Price Index for any calendar year is the\n\naverage of the Consumer Price Index for all urban consumers\n\npublished by the Department of Labor as of the close of the twelve-\n\nmonth period ending on August 31 of each calendar year; and\n\n2. The revision of the Consumer Price Index which is the most\n\nconsistent with the Consumer Price Index for calendar year 1989\n\nshall be used.\n\nD. Any fee not received by the Department within the prescribed\n\ntime period allotted for payment, unless a lesser amount shall be\n\nprovided for by rule, shall be subject to a one and one-half percent\n\n(1 1/2%) per month penalty.\n\nE. There is hereby created within the Department of\n\nEnvironmental Quality Revolving Fund, a subaccount which shall\n\nconsist of all permit fees collected by the Department pursuant to\n\nTitle V of the federal Clean Air Act as authorized by the Oklahoma\n\nClean Air Act. All monies accruing to the credit of such subaccount\n\nshall be budgeted and expended by the Department for the sole\n\npurpose of implementing the permit program as set forth in Title V\n\nof the Federal Clean Air Act and the Oklahoma Clean Air Act.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"07ebff37ca98b6bc294a16ae4b129114d7468a880b2c7a8433dfcdd86a80036f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-5-112","next":"us-ok/okla.-stat.-tit.-27a-27a-2-5-114"},"notice":"GroundRules: Original legal text. Not legal advice."}