224.20-050 Fee for administration of air quality program.
(1) The cabinet, or an air pollution control district created pursuant to KRS Chapters 77
and 224, may promulgate regulations adopting fees for the cost of administering the <br>air quality program authorized by this chapter, as mandated under Title V of the <br>Clean Air Act Amendments of 1990 (Public Law 101-549, as amended). Any <br>person who fails to pay an emission fee as required by the administrative <br>regulations adopted pursuant to this section shall pay an additional fee equal to fifty <br>percent (50%) of the emission fee amount, plus interest on the emission fee amount <br>computed in accordance with Section 6621(a)(2) of the Internal Revenue Code of <br>1986 (Public Law 99-499, as amended, relating to computation of interest on <br>underpayment of federal taxes).
(2) The cabinet may continue to use the operating fee structure based on emissions
which has been implemented by administrative regulations to generate funds to <br>finance the cabinet's operating permit program. The cabinet's emissions fee structure <br>shall not generate moneys in excess of the amount authorized in the enacted budget <br>bill.
(3) The fees shall be uniformly assessed on each permitted source of regulated air
pollutants emitted in the preceding year. For purposes of fee assessments, PM 10 <br>shall be the regulated air pollutant for particulate matter. For the purposes of <br>determining these fees, the cabinet shall assess as a PM 10 factor one-half (1/2) that <br>of the corresponding total suspended particulates factor for haul roads and yard <br>areas until the PM 10 emissions factor is approved by the cabinet;
(4) Moneys generated by an emissions fee structure shall be deposited into a separate
and distinct interest-bearing account and invested in accordance with administrative <br>regulations promulgated by the State Investment Commission pursuant to KRS <br>42.525. Moneys not expended at the end of a fiscal year shall be carried forward to <br>the next fiscal year. Any available balance shall be credited against the fee required <br>in the succeeding fiscal year, and shall be credited to each source according to the <br>proportion of the total of all emission fees which were paid by that source in a <br>timely manner.
Effective: July 15, 1994 <br>History: Amended 1994 Ky. Acts ch. 162, sec. 1, effective July 15, 1994. -- Created
1990 Ky. Acts ch. 471, sec. 6, effective July 13, 1990.
Formerly codified as KRS 224.1167.
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