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77.205 Annual emission fees -- Permit fees.
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The air pollution control board may provide by regulation a schedule of annual
emission fees to cover all reasonable direct and indirect costs required to
maintain authorization to develop and administer the district's permit program
requirements under Title V of the Federal Clean Air Act of 1963 as amended by
the Clean Air Act Amendments of 1990. Every person subject to a Title V
permit shall pay the fee required by that schedule. Except as otherwise
required under this section, the district's per-ton emission fee shall be
computed as follows: the approved budget for the district's Title V permit
program plus any deficit or minus any surplus from the previous fiscal year
divided by the actual emissions of regulated pollutants in the previous year.
The district shall exclude from the emission fee calculation the amount of a
source's actual emissions of each regulated pollutant that the source emits in
excess of four thousand (4,000) tons per year. Carbon monoxide shall not be
considered a regulated pollutant for purposes of assessing fees pursuant to
this subsection. All emission fees assessed by the district shall be expended to
develop and implement the Title V permit program. Emission fees shall be
deposited in an interest-bearing account with earned interest to be deposited in
the account.
The air pollution control board may provide by regulation a schedule of permit
fees to cover all reasonable direct and indirect costs required to develop and
administer the district's non-Title V program.
Funds unexpended at the end of the fiscal year shall not lapse but shall be
carried forward for future use as provided for in this section.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 420, sec. 7, effective July 15, 1994. -Created 1952 Ky. Acts ch. 53, sec. 51, effective March 14, 1952.
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