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Kentucky Title V Emission Fee Changes


Pursuant to 401 KAR 50:038, the Division for Air Quality (DAQ) calculates and assesses a per ton annual emissions fee based on subject emissions from all Title V sources.  Federal law requires state air quality permitting programs to establish a fee schedule that results in the collection and retention of revenues sufficient to cover the permit program costs and sets a “presumptive minimum” that is considered sufficient to cover those costs.  The presumptive minimum is set at $46.71 per ton.  Historically, DAQ has set the air emission fee below the presumptive minimum; however, due to a decrease in emissions, DAQ has had to increase the fee to cover program costs.  DAQ calculated the air emission fee above the presumptive minimum for the first time last year, when the fee was $52 per ton.  For this year, air emissions in Kentucky were higher than estimated, resulting in a reduction in the fee.  The fee proposed for this year is $49.62 per ton.  A public hearing will be held on November 14, 2012 for the purpose of receiving comments on establishment of the appropriate air emissions fee necessary to cover all reasonable costs of administering the Title V Permit program.

To view a complete PDF of the September/October 2012 issue of the Environmental Letter, click HERE.

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