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)
Federal Register Volume 80, Issue 45 (March 9, 2015)
| Page Range | 12374-12375 | |
| FR Document | 2015-05335 |
[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]] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![12374 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules
ENVIRONMENTAL PROTECTION or email. The www.regulations.gov Web ‘‘Installation Permit Application and
AGENCY site is an ‘‘anonymous access’’ system, Administration Fees’’; and section
which means EPA will not know your 2105.50, entitled ‘‘Open Burning and
40 CFR Part 52 identity or contact information unless Administration Fees.’’
[EPA–R03–OAR–2014–0886; FRL–9924–01– you provide it in the body of your
II. Summary of SIP Revision
Region 3] comment. If you send an email
comment directly to EPA without going The revisions to sections 2102.10 and
Approval and Promulgation of Air through www.regulations.gov, your 2105.50 under Article XXI consist of: (1)
Quality Implementation Plans; email address will be automatically Deleting the fixed monetary amounts for
Pennsylvania; Revision to Allegheny captured and included as part of the permit fees provided for in both
County Regulations for Establishing comment that is placed in the public sections; (2) adding language in both
Permit Fees docket and made available on the sections stating that the amount of the
Internet. If you submit an electronic given fee shall be set by the Board of
AGENCY: Environmental Protection comment, EPA recommends that you Health, and approved by Allegheny
Agency (EPA). include your name and other contact County Council; and 3) adding language
ACTION: Proposed rule. information in the body of your in section 2102.10 establishing fees by
SUMMARY: EPA is proposing to approve comment and with any disk or CD–ROM factoring in the degree of technical and
a State Implementation Plan (SIP) you submit. If EPA cannot read your regulatory difficulty in establishing fees
revision submitted by the Pennsylvania comment due to technical difficulties for each category of installation permit.
Department of Environmental Protection and cannot contact you for clarification, These categories include: (1) Any source
(PADEP) on August 30, 2010. This EPA may not be able to consider your requiring a Prevention of Significant
revision pertains to the Air Pollution comment. Electronic files should avoid Deterioration (PSD) permit; (2) an
Control portion of the Allegheny County the use of special characters, any form installation permit for a source for
Health Department (ACHD) Rules and of encryption, and be free of any defects which ACHD is required to establish a
Regulations, and consists of changes to or viruses. maximum achievable control
the regulations establishing installation Docket: All documents in the technology (MACT) standard for such
permit application and administration electronic docket are listed in the source; (3) any source requiring an
fees, as well as open burning permit www.regulations.gov index. Although installation permit and subject to
application fees. This action is being listed in the index, some information is section 2102.06 involving new major
taken under the Clean Air Act (CAA). not publicly available, i.e., CBI or other sources and major modifications
information whose disclosure is locating in or impacting a non-
DATES: Written comments must be
restricted by statute. Certain other attainment area; (4) any source requiring
received on or before April 8, 2015.
material, such as copyrighted material, an installation permit and subject to
ADDRESSES: Submit your comments,
is not placed on the Internet and will be existing standards, such as: the New
identified by Docket ID Number EPA– publicly available only in hard copy Source Performance Standards (NSPS),
R03–OAR–2014–0886 by one of the form. the National Emission Standards for
following methods: Publicly available docket materials
A. www.regulations.gov. Follow the Hazardous Air Pollutants (NESHAP) or
are available either electronically in the MACT standard; (5) any source
on-line instructions for submitting
www.regulations.gov or in hard copy requiring an installation permit but not
comments.
during normal business hours at the Air subject to any of the previous
B. Email: campbell.dave@epa.gov.
C. Mail: EPA–R03–OAR–2014–0886, Protection Division, U.S. Environmental requirements; and (6) for all
David J. Campbell, Associate Director, Protection Agency, Region III, 1650 applications to use general installation
Office of Permits and Air Toxics, Arch Street, Philadelphia, Pennsylvania permits.
Mailcode 3AP10, U.S. Environmental 19103. Copies of the Commonwealth
submittal are available at the III. Proposed Action
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania Pennsylvania Department of EPA review of this material submitted
19103. Environmental Protection, Bureau of Air on August 30, 2010 determined that the
D. Hand Delivery: At the previously- Quality Control, P.O. Box 8468, 400 rule changes have gone through the
listed EPA Region III address. Such Market Street, Harrisburg, Pennsylvania appropriate state procedures and that
deliveries are only accepted during the 17105; and the Allegheny County the revised regulations satisfy the
Docket’s normal hours of operation, and Health Department, Bureau of requirements laid out in the CAA at
special arrangements should be made Environmental Quality, Division of Air section 110(a)(2)(L)(i) and (ii) which
for deliveries of boxed information. Quality, 301 39th Street, Pittsburgh, requires SIPs to include fees sufficient
Instructions: Direct your comments to Pennsylvania 15201. to cover the reasonable costs of
Docket ID No. EPA–R03–OAR–2014– FOR FURTHER INFORMATION CONTACT: Paul reviewing and acting upon any
0886. EPA’s policy is that all comments T. Wentworth, P.E. at: (215) 814–2183, application for a permit required by the
received will be included in the public or by email at wentworth.paul@epa.gov. CAA, and (if the owner or operator
docket without change, and may be SUPPLEMENTARY INFORMATION: receives a permit for such source) the
made available online at reasonable costs of implementing and
www.regulations.gov, including any I. Background enforcing the terms and conditions of
tkelley on DSK3SPTVN1PROD with PROPOSALS
personal information provided, unless On August 23, 2010 the Pennsylvania any such permit. Therefore EPA is
the comment includes information Department of Environmental Protection proposing to approve this PADEP SIP
claimed to be Confidential Business (PADEP) submitted a revision to the revision containing revisions to the
Information (CBI) or other information Allegheny County portion of the installation permit application and
whose disclosure is restricted by statute. Pennsylvania State Implementation administration fees and open burning
Do not submit information that you Plan. This SIP submission contains and administration fees requirements
consider to be CBI or otherwise revisions to ACHD’s regulations under under ACHD Rules and Regulations,
protected through www.regulations.gov Article XXI section 2102.10, entitled Article XXI.
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![Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 12375
IV. Statutory and Executive Order EPA notes that it will not impose • Electronic Submission: Submit all
Reviews substantial direct costs on tribal electronic public comments via the
Under the CAA, the Administrator is governments or preempt tribal law. Federal e-Rulemaking Portal. Go to
required to approve a SIP submission http://www.regulations.gov/
List of Subjects in 40 CFR Part 52
that complies with the provisions of the #!docketDetail;D=NOAA-NMFS-2014-
Environmental protection, Air 0151, click the ‘‘Comment Now!’’ icon,
CAA and applicable Federal regulations.
pollution control, Carbon monoxide, complete the required fields, and enter
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Incorporation by reference or attach your comments.
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
Intergovernmental relations, Lead, • Mail: Submit written comments to
Nitrogen dioxide, Ozone, Particulate Celia Barroso, NMFS West Coast Region
provided that they meet the criteria of
matter, Reporting and recordkeeping Long Beach Office, 501 W. Ocean Blvd.,
the CAA. Accordingly, this action
requirements, Sulfur oxides, Volatile Suite 4200, Long Beach, CA 90802.
merely proposes to approve state law as
organic compounds. Include the identifier ‘‘NOAA–NMFS–
meeting Federal requirements and does
not impose additional requirements Authority: 42 U.S.C. 7401 et seq. 2014–0151’’ in the comments.
• Public hearing: The public is
beyond those imposed by state law. For Dated: February 11, 2015. welcome to attend a public hearing and
that reason, this proposed action: William Early, offer comments on this proposed rule
• Is not a ‘‘significant regulatory Acting, Regional Administrator, Region III. from 1 p.m. to 4 p.m. PDT, March 26,
action’’ subject to review by the Office [FR Doc. 2015–05335 Filed 3–6–15; 8:45 am] 2015, at 501 W. Ocean Boulevard, Suite
of Management and Budget under
BILLING CODE 6560–50–P 4200, Long Beach, CA 90802. The
Executive Order 12866 (58 FR 51735,
public may also participate in the public
October 4, 1993);
• does not impose an information hearing via conference line: 1–877–934–
collection burden under the provisions DEPARTMENT OF COMMERCE 5061, passcode 7998683.
Instructions: Comments must be
of the Paperwork Reduction Act (44
National Oceanic and Atmospheric submitted by one of the above methods
U.S.C. 3501 et seq.);
Administration to ensure they are received,
• is certified as not having a
documented, and considered by NMFS.
significant economic impact on a
50 CFR Part 300 Comments sent by any other method, to
substantial number of small entities
any other address or individual, or
under the Regulatory Flexibility Act (5 [Docket No. 141222999–5173–01] received after the end of the comment
U.S.C. 601 et seq.);
• does not contain any unfunded RIN 0648–BE71 period, may not be considered. All
mandate or significantly or uniquely comments received are a part of the
affect small governments, as described International Fisheries; Pacific Tuna public record and will generally be
in the Unfunded Mandates Reform Act Fisheries; 2015 and 2016 Commercial posted for public viewing on
of 1995 (Pub. L. 104–4); Fishing Restrictions for Pacific Bluefin www.regulations.gov without change.
• does not have Federalism Tuna in the Eastern Pacific Ocean All personal identifying information
implications as specified in Executive (e.g., name, address, etc.) submitted
AGENCY: National Marine Fisheries voluntarily by the sender will be
Order 13132 (64 FR 43255, August 10, Service (NMFS), National Oceanic and
1999); publicly accessible. Do not submit
Atmospheric Administration (NOAA), confidential business information, or
• is not an economically significant Commerce.
regulatory action based on health or otherwise sensitive or protected
ACTION: Proposed rule; request for information. NMFS will accept
safety risks subject to Executive Order comments.
13045 (62 FR 19885, April 23, 1997); anonymous comments (enter ‘‘N/A’’ in
• is not a significant regulatory action the required fields if you wish to remain
SUMMARY: The National Marine
subject to Executive Order 13211 (66 FR anonymous).
Fisheries Service (NMFS) is proposing Copies of the draft Regulatory Impact
28355, May 22, 2001); regulations under the Tuna Conventions
• is not subject to requirements of Review (RIR) and other supporting
Act to implement Resolution C–14–06 documents are available via the Federal
section 12(d) of the National of the Inter-American Tropical Tuna
Technology Transfer and Advancement eRulemaking Portal: http://
Commission (IATTC or the www.regulations.gov, docket NOAA–
Act of 1995 (15 U.S.C. 272 note) because Commission) establishing limits on U.S.
application of those requirements would NMFS–2014–0151 or contact with the
commercial catch of Pacific bluefin tuna Regional Administrator, William W.
be inconsistent with the CAA; and from waters of the IATTC Convention
• does not provide EPA with the Stelle, Jr., NMFS West Coast Region,
Area for 2015 and 2016. This action is 7600 Sand Point Way NE., Bldg 1,
discretionary authority to address, as necessary for the United States to satisfy
appropriate, disproportionate human Seattle, WA 98115–0070, or
its obligations as a member of the RegionalAdministrator.WCRHMS@
health or environmental effects, using IATTC.
practicable and legally permissible noaa.gov.
methods, under Executive Order 12898 DATES: Comments on the proposed rule FOR FURTHER INFORMATION CONTACT:
(59 FR 7629, February 16, 1994). and supporting documents must be Celia Barroso, NMFS, 562–432–1850
In addition, EPA’s proposal to submitted in writing by April 8, 2015.
SUPPLEMENTARY INFORMATION:
A public hearing will be held from 1
tkelley on DSK3SPTVN1PROD with PROPOSALS
approve changes to ACHD regulations
pertaining to establishing installation p.m. to 4 p.m. PDT, March 26, 2015. Background on the IATTC
permit application and administration (See ADDRESSES for the public hearing The United States is a member of the
fees does not have tribal implications as location.) IATTC, which was established under
specified by Executive Order 13175 (65 ADDRESSES: You may submit comments the 1949 Convention for the
FR 67249, November 9, 2000), because on this document, identified by NOAA– Establishment of an Inter-American
the SIP is not approved to apply in NMFS–2014–0151, by any of the Tropical Tuna Commission. The full
Indian country located in the state, and following methods: text of the 1949 Convention is available
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Document Created: 2015-12-18 12:05:21
Document Modified: 2015-12-18 12:05:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before April 8, 2015. | |
| Contact | Paul T. Wentworth, P.E. at: (215) 814- 2183, or by email at [email protected] | |
| FR Citation | 80 FR 12374 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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