A. There is created in the state treasury the “state air quality permit fund” to be administered by the department. All fees collected by the department pursuant to Section 74-2-7 N.M. Stat. Ann. shall be deposited in the state air quality permit fund.

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B. Money in the state air quality permit fund is appropriated to the department for the purpose of paying the reasonable costs of:

(1)     reviewing and acting upon any application for a permit;

(2)     if the owner or operator receives a permit, implementing and enforcing the terms and conditions of such permit not including any court costs or other costs associated with any enforcement action;

(3)     emissions and ambient monitoring;

(4)     preparing generally applicable regulations or guidance; (5)     modeling, analysis and demonstrations; and

(6)     preparing inventories and tracking emissions.