80 FR 14037 - Clean Air Act Title V Operating Permit Program Revision; Pennsylvania
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 52 (March 18, 2015)
Federal Register Volume 80, Issue 52 (March 18, 2015)
| Page Range | 14037-14038 | |
| FR Document | 2015-06145 |
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)] [Proposed Rules] [Pages 14037-14038] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06145] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 70 [EPA-R03-OAR-2015-0119; FRL-9924-56-Region 3] Clean Air Act Title V Operating Permit Program Revision; Pennsylvania AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: EPA is proposing to approve a revision to the Pennsylvania Title V Operating Permit Program submitted by the Commonwealth of Pennsylvania on February 11, 2014. The Pennsylvania Operating Permit Program is implemented through its Title V Operating Permits Rule, codified at Subchapter G of Chapter 127 of Title 25 of the Pennsylvania Code. The February 11, 2014 revision amends the title V fee program that funds the Pennsylvania Title V Operating Permit Program. These changes resulted in substantial revisions to Pennsylvania's Title V Operating Permit Program. EPA is proposing to approve these revisions. The intended effect of this action is to improve the Commonwealth's title V operating permit program. DATES: Written comments must be received on or before April 17, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2015-0119 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-2015-0119, David 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- 2015-0119. 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 State 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. FOR FURTHER INFORMATION CONTACT: Gerallyn Duke, (215) 814-2084, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background EPA granted full approval of the Pennsylvania Title V Operating Permits Program on July 30, 1996. See 61 FR 39597. Under 40 CFR 70.9(a) and (b), an approved state title V operating permits program must require that the owners or operators of part 70 sources pay annual fees, or the equivalent over some other period, that are sufficient to cover the permit program costs and ensure that any fee required under 40 CFR 70.9 is used solely for permit program costs. The fee schedule must result in the collection and retention of revenues sufficient to cover the permit program costs. Pennsylvania's initial title V permit emission fee, established in 1994 at 25 PA Code 127.705, was $37 per ton of regulated pollutant per title V facility. Pennsylvania's fee has been increased each year since 1994 by the percentage, if any, by which the Consumer Price Index (CPI) for the most recent calendar year exceeded the CPI for the previous calendar year. Under that regulatory framework, the annual emission fee for emissions occurring in calendar year 2012 was $57.50 per ton of regulated pollutant for emissions of up to 4,000 tons of each regulated pollutant. The fee structure has not been revised since 1994. Pennsylvania has determined that title V annual emission fee revenues collected are no longer sufficient to cover title V program costs. Installation of air pollution control technology over the past two decades on major stationary sources, the retirement or curtailment of operations by major sources, and the conversion at many major facilities from burning coal or oil to burning natural gas have resulted in decreased emission of regulated pollutants that are subject to annual emission fees, and revenues collected have been decreasing as a result. The decline in interest rates paid on savings account balances used by the Commonwealth to manage permit fees collected also has affected the funds available to Pennsylvania, as the investments earn less interest in the current economy compared to the early years of the title V program. Pursuant to 40 CFR 70.4(i)(2), when EPA receives a title V program revision, EPA will publish its proposed approval or disapproval in the Federal Register and provide opportunity for comment. II. Summary of Program Revision In the February 11, 2014 program revision, Pennsylvania has included revised 25 PA Code 127.705 which Pennsylvania has amended to increase [[Page 14038]] Pennsylvania's annual emission fees. Fees are increased to $85 per ton of emissions for emissions from title V sources of up to 4,000 tons of each regulated pollutant. The provisions for increasing the annual emissions fees in response to increases in the CPI at 25 PA Code 127.705(d) remain unchanged. The revised fees are designed to cover all reasonable costs required to develop and administer the title V program as required by 40 CFR 70.9(a) and (b). These costs include those for activities such as reviewing and processing plan approvals and operating permits, conducting inspections, responding to complaints and pursuing enforcement actions, emissions and ambient air monitoring, preparing applicable regulations and guidance, modeling, analyses, demonstrations, emission inventories, and tracking emissions. Without this fee increase, Pennsylvania anticipates funds will not be sufficient to sustain the title V permitting program beginning fiscal years 2015-2016. If funds become insufficient to sustain the title V permitting program in Pennsylvania, EPA may determine that Pennsylvania has not taken ``significant action to assure adequate administration and enforcement of the Program'' and take subsequent required action under 40 CFR 70.10(b) and(c) as well as impose mandatory and discretionary sanctions under the CAA. III. EPA Analysis of Program Revision The February 11, 2014 Title V Operating Permit Program revision consists of amendments to Pennsylvania's rules which establish annual emission fees under title V of the CAA. This rulemaking proposes approval of the increase to the annual title V fees paid by the owner or operator of a title V facility from $57.50 per ton of regulated air pollutant to $85 per ton because the revision meets requirements in 40 CFR 70.9 for sufficient title V fees to cover permit program costs. The emission fees apply to emissions up to 4,000 tons of any regulated pollutant. The proposed revision does not establish a fee structure for carbon dioxide or other greenhouse gases (GHGs). EPA's rules do not mandate revisions to state title V programs to account for GHG emissions. IV. Proposed Action Pursuant to 40 CFR 70.4(i)(2), EPA is proposing to approve the Pennsylvania Title V Operating Program revision submitted on February 11, 2014 to increase the annual title V fees paid by the owners or operators of all title V facilities throughout Pennsylvania, including Allegheny and Philadelphia Counties, from $57.50 per ton of regulated air pollutant to $85 per ton. The revision meets requirements in 40 CFR 70.9. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. V. Statutory and Executive Order Reviews This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no 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, this proposed rule related to Pennsylvania title V fees does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the program 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 70 Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, 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: March 6, 2015. William C. Early, Acting, Regional Administrator, Region III. [FR Doc. 2015-06145 Filed 3-17-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules 14037
and what changes industry members 0119. EPA’s policy is that all comments I. Background
would recommend. received will be included in the public EPA granted full approval of the
Dated: March 11, 2015. docket without change, and may be Pennsylvania Title V Operating Permits
Maria Contreras-Sweet, made available online at Program on July 30, 1996. See 61 FR
Administrator.
www.regulations.gov, including any 39597. Under 40 CFR 70.9(a) and (b), an
personal information provided, unless approved state title V operating permits
[FR Doc. 2015–06182 Filed 3–17–15; 8:45 am]
the comment includes information program must require that the owners or
BILLING CODE 8025–01–P
claimed to be Confidential Business operators of part 70 sources pay annual
Information (CBI) or other information fees, or the equivalent over some other
whose disclosure is restricted by statute. period, that are sufficient to cover the
ENVIRONMENTAL PROTECTION Do not submit information that you
AGENCY permit program costs and ensure that
consider to be CBI, or otherwise any fee required under 40 CFR 70.9 is
40 CFR Part 70 protected, through www.regulations.gov used solely for permit program costs.
or email. The www.regulations.gov Web The fee schedule must result in the
[EPA–R03–OAR–2015–0119; FRL–9924–56– site is an ‘‘anonymous access’’ system, collection and retention of revenues
Region 3] which means EPA will not know your sufficient to cover the permit program
Clean Air Act Title V Operating Permit identity or contact information unless costs.
Program Revision; Pennsylvania you provide it in the body of your Pennsylvania’s initial title V permit
comment. If you send an email emission fee, established in 1994 at 25
AGENCY: Environmental Protection comment directly to EPA without going PA Code 127.705, was $37 per ton of
Agency (EPA). through www.regulations.gov, your regulated pollutant per title V facility.
ACTION: Proposed rule. email address will be automatically Pennsylvania’s fee has been increased
captured and included as part of the each year since 1994 by the percentage,
SUMMARY: EPA is proposing to approve comment that is placed in the public if any, by which the Consumer Price
a revision to the Pennsylvania Title V docket and made available on the Index (CPI) for the most recent calendar
Operating Permit Program submitted by Internet. If you submit an electronic year exceeded the CPI for the previous
the Commonwealth of Pennsylvania on comment, EPA recommends that you calendar year. Under that regulatory
February 11, 2014. The Pennsylvania include your name and other contact framework, the annual emission fee for
Operating Permit Program is information in the body of your emissions occurring in calendar year
implemented through its Title V comment and with any disk or CD–ROM 2012 was $57.50 per ton of regulated
Operating Permits Rule, codified at you submit. If EPA cannot read your pollutant for emissions of up to 4,000
Subchapter G of Chapter 127 of Title 25 comment due to technical difficulties tons of each regulated pollutant. The fee
of the Pennsylvania Code. The February and cannot contact you for clarification, structure has not been revised since
11, 2014 revision amends the title V fee EPA may not be able to consider your 1994.
program that funds the Pennsylvania comment. Electronic files should avoid Pennsylvania has determined that
Title V Operating Permit Program. title V annual emission fee revenues
the use of special characters, any form
These changes resulted in substantial collected are no longer sufficient to
of encryption, and be free of any defects
revisions to Pennsylvania’s Title V cover title V program costs. Installation
or viruses.
Operating Permit Program. EPA is of air pollution control technology over
proposing to approve these revisions. Docket: All documents in the the past two decades on major
The intended effect of this action is to electronic docket are listed in the stationary sources, the retirement or
improve the Commonwealth’s title V www.regulations.gov index. Although curtailment of operations by major
operating permit program. listed in the index, some information is sources, and the conversion at many
DATES: Written comments must be not publicly available, i.e., CBI or other major facilities from burning coal or oil
received on or before April 17, 2015. information whose disclosure is to burning natural gas have resulted in
restricted by statute. Certain other decreased emission of regulated
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA– material, such as copyrighted material, pollutants that are subject to annual
R03–OAR–2015–0119 by one of the is not placed on the Internet and will be emission fees, and revenues collected
following methods: publicly available only in hard copy have been decreasing as a result. The
A. www.regulations.gov. Follow the form. Publicly available docket decline in interest rates paid on savings
on-line instructions for submitting materials are available either account balances used by the
comments. electronically in www.regulations.gov or Commonwealth to manage permit fees
B. Email: Campbell.Dave@epa.gov. in hard copy during normal business collected also has affected the funds
C. Mail: EPA–R03–OAR–2015–0119, hours at the Air Protection Division, available to Pennsylvania, as the
David Campbell, Associate Director, U.S. Environmental Protection Agency, investments earn less interest in the
Office of Permits and Air Toxics, Region III, 1650 Arch Street, current economy compared to the early
Mailcode 3AP10, U.S. Environmental Philadelphia, Pennsylvania 19103. years of the title V program. Pursuant to
Protection Agency, Region III, 1650 Copies of the State submittal are 40 CFR 70.4(i)(2), when EPA receives a
Arch Street, Philadelphia, Pennsylvania available at the Pennsylvania title V program revision, EPA will
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
19103. Department of Environmental publish its proposed approval or
D. Hand Delivery: At the previously- Protection, Bureau of Air Quality disapproval in the Federal Register and
listed EPA Region III address. Such Control, P.O. Box 8468, 400 Market provide opportunity for comment.
deliveries are only accepted during the Street, Harrisburg, Pennsylvania 17105.
Docket’s normal hours of operation, and II. Summary of Program Revision
FOR FURTHER INFORMATION CONTACT:
special arrangements should be made In the February 11, 2014 program
Gerallyn Duke, (215) 814–2084, or by
for deliveries of boxed information. revision, Pennsylvania has included
email at Duke.Gerallyn@epa.gov.
Instructions: Direct your comments to revised 25 PA Code 127.705 which
Docket ID No. EPA–R03–OAR–2015– SUPPLEMENTARY INFORMATION: Pennsylvania has amended to increase
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![14038 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules
Pennsylvania’s annual emission fees. including Allegheny and Philadelphia direct costs on tribal governments or
Fees are increased to $85 per ton of Counties, from $57.50 per ton of preempt tribal law.
emissions for emissions from title V regulated air pollutant to $85 per ton.
List of Subjects in 40 CFR Part 70
sources of up to 4,000 tons of each The revision meets requirements in 40
regulated pollutant. The provisions for CFR 70.9. EPA is soliciting public Environmental protection,
increasing the annual emissions fees in comments on the issues discussed in Administrative practice and procedure,
response to increases in the CPI at 25 this document. These comments will be Air pollution control, Carbon monoxide,
PA Code 127.705(d) remain unchanged. considered before taking final action. Intergovernmental relations, Lead,
The revised fees are designed to cover Nitrogen dioxide, Ozone, Particulate
all reasonable costs required to develop V. Statutory and Executive Order matter, Reporting and recordkeeping
and administer the title V program as Reviews requirements, Sulfur oxides, Volatile
required by 40 CFR 70.9(a) and (b). This proposed action merely proposes organic compounds.
These costs include those for activities to approve state law as meeting Federal Authority: 42 U.S.C. 7401 et seq.
such as reviewing and processing plan requirements and imposes no additional
Dated: March 6, 2015.
approvals and operating permits, requirements beyond those imposed by
conducting inspections, responding to state law. For that reason, this proposed William C. Early,
complaints and pursuing enforcement action: Acting, Regional Administrator, Region III.
actions, emissions and ambient air • Is not a ‘‘significant regulatory [FR Doc. 2015–06145 Filed 3–17–15; 8:45 am]
monitoring, preparing applicable action’’ subject to review by the Office BILLING CODE 6560–50–P
regulations and guidance, modeling, of Management and Budget under
analyses, demonstrations, emission Executive Order 12866 (58 FR 51735,
inventories, and tracking emissions. October 4, 1993); ENVIRONMENTAL PROTECTION
Without this fee increase, • does not impose an information AGENCY
Pennsylvania anticipates funds will not collection burden under the provisions
be sufficient to sustain the title V 40 CFR Part 52
of the Paperwork Reduction Act (44
permitting program beginning fiscal U.S.C. 3501 et seq.); [EPA–R10–OAR–2014–0532, FRL–9924–72–
years 2015–2016. If funds become • is certified as not having a Region 10]
insufficient to sustain the title V significant economic impact on a
permitting program in Pennsylvania, substantial number of small entities Approval and Promulgation of
EPA may determine that Pennsylvania under the Regulatory Flexibility Act (5 Implementation Plans; Alaska
has not taken ‘‘significant action to U.S.C. 601 et seq.);
assure adequate administration and AGENCY: Environmental Protection
• does not contain any unfunded Agency.
enforcement of the Program’’ and take mandate or significantly or uniquely
subsequent required action under 40 ACTION: Proposed rule.
affect small governments, as described
CFR 70.10(b) and(c) as well as impose in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection
mandatory and discretionary sanctions of 1995 (Pub. L. 104–4); Agency (EPA) is proposing to approve
under the CAA.
• does not have Federalism and incorporate by reference revisions
III. EPA Analysis of Program Revision implications as specified in Executive to the Alaska State Implementation Plan
The February 11, 2014 Title V Order 13132 (64 FR 43255, August 10, (SIP) submitted on July 1, 2014 and
Operating Permit Program revision 1999); October 24, 2014. These revisions
consists of amendments to • is not an economically significant primarily update the adoption by
Pennsylvania’s rules which establish regulatory action based on health or reference of Federal regulations and
annual emission fees under title V of the safety risks subject to Executive Order definitions into the Alaska SIP. The
CAA. This rulemaking proposes 13045 (62 FR 19885, April 23, 1997); revisions also clarify stationary source
approval of the increase to the annual • is not a significant regulatory action permitting rules governing owner-
title V fees paid by the owner or subject to Executive Order 13211 (66 FR requested emission limits and revise the
operator of a title V facility from $57.50 28355, May 22, 2001); SIP to reflect the redesignation of the
per ton of regulated air pollutant to $85 • is not subject to requirements of Eagle River area of Anchorage. Upon
per ton because the revision meets Section 12(d) of the National final action, the Alaska SIP will be
requirements in 40 CFR 70.9 for Technology Transfer and Advancement updated to reflect recent Federal
sufficient title V fees to cover permit Act of 1995 (15 U.S.C. 272 note) because regulatory changes and actions.
program costs. The emission fees apply application of those requirements would DATES: Comments must be received on
to emissions up to 4,000 tons of any be inconsistent with the CAA; and or before April 17, 2015.
regulated pollutant. The proposed • does not provide EPA with the ADDRESSES: Submit your comments,
revision does not establish a fee discretionary authority to address, as identified by Docket ID No. EPA–R10–
structure for carbon dioxide or other appropriate, disproportionate human OAR–2014–0532, by any of the
greenhouse gases (GHGs). EPA’s rules health or environmental effects, using following methods:
do not mandate revisions to state title V practicable and legally permissible • www.regulations.gov: Follow the
programs to account for GHG emissions. methods, under Executive Order 12898 on-line instructions for submitting
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
(59 FR 7629, February 16, 1994). comments.
IV. Proposed Action In addition, this proposed rule related • Mail: Kristin Hall, EPA Region 10,
Pursuant to 40 CFR 70.4(i)(2), EPA is to Pennsylvania title V fees does not Office of Air, Waste and Toxics (AWT–
proposing to approve the Pennsylvania have tribal implications as specified by 150), 1200 Sixth Avenue, Suite 900,
Title V Operating Program revision Executive Order 13175 (65 FR 67249, Seattle WA, 98101.
submitted on February 11, 2014 to November 9, 2000), because the program • Email: R10-Public_Comments@
increase the annual title V fees paid by is not approved to apply in Indian epa.gov.
the owners or operators of all title V country located in the state, and EPA • Hand Delivery: EPA Region 10
facilities throughout Pennsylvania, notes that it will not impose substantial Mailroom, 9th Floor, 1200 Sixth
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Document Created: 2018-02-21 09:39:35
Document Modified: 2018-02-21 09:39:35
| 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 17, 2015. | |
| Contact | Gerallyn Duke, (215) 814-2084, or by email at [email protected] | |
| FR Citation | 80 FR 14037 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Carbon Monoxide; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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