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