KRS 77.205: Annual emission fees -- Permit fees.

(1) 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 distr ict 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.

(2) 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.

(3) 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.