80 FR 12374 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Regulations for Establishing Permit Fees

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 45 (March 9, 2015)

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) on August 30, 2010. This revision pertains to the Air Pollution Control portion of the Allegheny County Health Department (ACHD) Rules and Regulations, and consists of changes to the regulations establishing installation permit application and administration fees, as well as open burning permit application fees. This action is being taken under the Clean Air Act (CAA).

[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Proposed Rules]
[Pages 12374-12375]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05335]



[[Page 12374]]

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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 52

[EPA-R03-OAR-2014-0886; FRL-9924-01-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revision to Allegheny County Regulations for Establishing 
Permit Fees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Pennsylvania Department of Environmental 
Protection (PADEP) on August 30, 2010. This revision pertains to the 
Air Pollution Control portion of the Allegheny County Health Department 
(ACHD) Rules and Regulations, and consists of changes to the 
regulations establishing installation permit application and 
administration fees, as well as open burning permit application fees. 
This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 8, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0886 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2014-0886, David J. Campbell, Associate 
Director, Office of Permits and Air Toxics, Mailcode 3AP10, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0886. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.
    Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the Commonwealth submittal are available 
at the Pennsylvania Department of Environmental Protection, Bureau of 
Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105; and the Allegheny County Health Department, Bureau 
of Environmental Quality, Division of Air Quality, 301 39th Street, 
Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Paul T. Wentworth, P.E. at: (215) 814-
2183, or by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 23, 2010 the Pennsylvania Department of Environmental 
Protection (PADEP) submitted a revision to the Allegheny County portion 
of the Pennsylvania State Implementation Plan. This SIP submission 
contains revisions to ACHD's regulations under Article XXI section 
2102.10, entitled ``Installation Permit Application and Administration 
Fees''; and section 2105.50, entitled ``Open Burning and Administration 
Fees.''

II. Summary of SIP Revision

    The revisions to sections 2102.10 and 2105.50 under Article XXI 
consist of: (1) Deleting the fixed monetary amounts for permit fees 
provided for in both sections; (2) adding language in both sections 
stating that the amount of the given fee shall be set by the Board of 
Health, and approved by Allegheny County Council; and 3) adding 
language in section 2102.10 establishing fees by factoring in the 
degree of technical and regulatory difficulty in establishing fees for 
each category of installation permit. These categories include: (1) Any 
source requiring a Prevention of Significant Deterioration (PSD) 
permit; (2) an installation permit for a source for which ACHD is 
required to establish a maximum achievable control technology (MACT) 
standard for such source; (3) any source requiring an installation 
permit and subject to section 2102.06 involving new major sources and 
major modifications locating in or impacting a non-attainment area; (4) 
any source requiring an installation permit and subject to existing 
standards, such as: the New Source Performance Standards (NSPS), the 
National Emission Standards for Hazardous Air Pollutants (NESHAP) or 
the MACT standard; (5) any source requiring an installation permit but 
not subject to any of the previous requirements; and (6) for all 
applications to use general installation permits.

III. Proposed Action

    EPA review of this material submitted on August 30, 2010 determined 
that the rule changes have gone through the appropriate state 
procedures and that the revised regulations satisfy the requirements 
laid out in the CAA at section 110(a)(2)(L)(i) and (ii) which requires 
SIPs to include fees sufficient to cover the reasonable costs of 
reviewing and acting upon any application for a permit required by the 
CAA, and (if the owner or operator receives a permit for such source) 
the reasonable costs of implementing and enforcing the terms and 
conditions of any such permit. Therefore EPA is proposing to approve 
this PADEP SIP revision containing revisions to the installation permit 
application and administration fees and open burning and administration 
fees requirements under ACHD Rules and Regulations, Article XXI.

[[Page 12375]]

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, EPA's proposal to approve changes to ACHD regulations 
pertaining to establishing installation permit application and 
administration fees does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 
is not approved to apply in Indian country located in the state, and 
EPA notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 11, 2015.
William Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2015-05335 Filed 3-6-15; 8:45 am]
 BILLING CODE 6560-50-P