KRS 77.115: Air pollution control board is governing body of district -- Duties,

responsibilities, and regulatory authority of board -- Vehicle exhaust testing

program -- Limitations -- Exemptions.

(1) The air pollution control board is hereby declared to be the governing body of an air

pollution control district, and shall manage and control all the affairs and property

of such district, and shall exercise all the powers of such district not otherwise

delegated by this chapter. In a county where a city -county comp act under KRS

79.310 to 79.330 is in effect or in a county where a consolidated local government

has been established, the air pollution control board shall assume all of the duties

and responsibilities of the hearing board appointed under KRS 77.105, and the

hearing board shall be abolished.

(2) Notwithstanding any provision of this chapter to the contrary, in a county where a

city-county compact under KRS 79.310 to 79.330 is in effect or in a county where a

consolidated local government has been establish ed, the air pollution control board

shall have regulatory authority for the district, and the city, consolidated local

government, or county, as appropriate, shall exercise funding and administrative

control of the district.

(3) If an air pollution control board finds the need for and requires the implementation

of a vehicle exhaust testing program, the program shall prohibit emissions of,

regulate, or control only mobile sources of air pollutants regulated under the state

program established in accordance with KRS 224.20-710 to 224.20-765.

(4) In a county where the air pollution control board makes a finding of a need for and

requires the implementation of a vehicle exhaust testing program, the board shall

exempt from the program vehicles registered to mili tary personnel on active duty

whose duty station is outside of the county.