80 FR 16284 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Plan Approval and Operating Permit Fees
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 59 (March 27, 2015)
Federal Register Volume 80, Issue 59 (March 27, 2015)
| Page Range | 16284-16286 | |
| FR Document | 2015-06968 |
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)] [Rules and Regulations] [Pages 16284-16286] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06968] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0634; FRL-9925-17-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Plan Approval and Operating Permit Fees AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Pennsylvania State Implementation Plan (SIP). This proposed revision pertains to minor editorial revisions to Pennsylvania's existing plan approval and operating permit fee rules. This action is being taken under the Clean Air Act (CAA). DATES: This rule is effective on May 26, 2015 without further notice, unless EPA receives adverse written comment by April 27, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2014-0634 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-2014-0634, Dave 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- 2014-0634. 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: On February 11, 2014, the Pennsylvania Department of Environmental Protection submitted a revision to the Pennsylvania SIP for minor clarifying amendments to Pennsylvania's existing air permit fee rule. I. Background Section 110(a)(2)(L) of the CAA requires SIPs to include requirements that the owner or operator of each major stationary source pay to the permitting authority, as a condition of any permit required by the CAA, fees sufficient to [[Page 16285]] cover reasonable costs of acting on the permit as well as implementing and enforcing the terms and conditions of the permit. EPA approved Pennsylvania's plan approval and operating permit fee regulation at 25 PA Code 127.701-127.707 into the Pennsylvania SIP in accordance with section 110 of the CAA, on July 30, 1996. 61 FR 39595. II. Summary of SIP Revision The February 11, 2014 revision amends 25 PA Code 127.701 to clarify that permit fees paid to the Pennsylvania Department of Environmental Protection by owners and operators of certain stationary sources are deposited into the Clean Air Fund which was previously established under section 9 of the Pennsylvania Air Pollution Control Act. Minor editorial changes to 25 PA Code 127.701 also are included to clarify that plan approval and operating permit fees collected to implement title V requirements shall be made payable to the ``Pennsylvania Clean Air Fund.'' III. Final Action EPA is approving the Pennsylvania SIP revision submitted on February 11, 2014 pertaining to payment of air permit fees to the ``Pennsylvania Clean Air Fund'' and requirements to deposit such fees in a restricted revenue account within the Clean Air Fund. The February 11, 2014 SIP revision is in accordance with requirements in section 110(a)(2)(L) of the CAA. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of today's Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on May 26, 2015 without further notice unless EPA receives adverse comment by April 27, 2015. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. IV. Incorporation by Reference In this rulemaking action, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of this Pennsylvania SIP revision regarding amendments to 25 PA Code 127.701, as discussed in section II of this preamble. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Order Reviews A. General Requirements 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 approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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 rule 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. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 26, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action pertaining to minor editorial revisions to Pennsylvania's existing title V fee rule may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) [[Page 16286]] 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. Dated: March 10, 2015. William C. Early, Acting Regional Administrator, Region III. Therefore, 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart NN--Pennsylvania 0 2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by revising the entry ``Section 127.701'' to read as follows: Sec. 52.2020 Identification of plan. * * * * * (c) * * * (1) EPA-Approved Pennsylvania Regulations and Statutes -------------------------------------------------------------------------------------------------------------------------------------------------------- State Additional explanation/Sec. 52.2063 State citation Title/Subject effective date EPA Approval date citation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Subchapter I--Plan Approval and Operating Permit Fees -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 127.701................... General provisions... 12/14/13 3/27/15 [Insert Federal Register Paragraphs (b) and (c) revised. citation]. -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-06968 Filed 3-26-15; 8:45 am] BILLING CODE 6560-50-P
![16284 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations
During the enforcement period no ENVIRONMENTAL PROTECTION protected, through www.regulations.gov
person or vessel may enter the safety AGENCY or email. The www.regulations.gov Web
zone without the permission of the site is an ‘‘anonymous access’’ system,
Captain of the Port (COTP) Port Arthur 40 CFR Part 52 which means EPA will not know your
or his designated on-scene Patrol [EPA–R03–OAR–2014–0634; FRL–9925–17– identity or contact information unless
Commander. Region 3] you provide it in the body of your
comment. If you send an email
DATES: The regulations in 33 CFR
Approval and Promulgation of Air comment directly to EPA without going
165.801, Table 3, number 1 will be
Quality Implementation Plans; through www.regulations.gov, your
enforced from 8:30 p.m. to 9:30 p.m. on
Pennsylvania; Plan Approval and email address will be automatically
May 2, 2015.
Operating Permit Fees captured and included as part of the
FOR FURTHER INFORMATION CONTACT: If comment that is placed in the public
you have questions on this notice of AGENCY: Environmental Protection docket and made available on the
enforcement, call or email Mr. Scott Agency (EPA). Internet. If you submit an electronic
Whalen, U.S. Coast Guard Marine Safety ACTION: Direct final rule. comment, EPA recommends that you
Unit Port Arthur, TX; telephone 409– include your name and other contact
SUMMARY: The Environmental Protection
719–5086, email scott.k.whalen@ information in the body of your
Agency (EPA) is taking direct final
uscg.mil. comment and with any disk or CD–ROM
action to approve revisions to the
SUPPLEMENTARY INFORMATION: The Coast Pennsylvania State Implementation Plan you submit. If EPA cannot read your
Guard will enforce a 500-yard safety (SIP). This proposed revision pertains to comment due to technical difficulties
zone for the RiverFest fireworks display minor editorial revisions to and cannot contact you for clarification,
in 33 CFR 165.801, Table 3, number 1 Pennsylvania’s existing plan approval EPA may not be able to consider your
from 8:30 p.m. to 9:30 p.m. on May 2, and operating permit fee rules. This comment. Electronic files should avoid
2015. While the location of the display action is being taken under the Clean the use of special characters, any form
is in the same general area as currently Air Act (CAA). of encryption, and be free of any defects
listed in 33 CFR 165.801, for this year or viruses.
DATES: This rule is effective on May 26,
only the fireworks display will be set off Docket: All documents in the
2015 without further notice, unless EPA
from land located along the Neches electronic docket are listed in the
receives adverse written comment by
River near the approximate position of www.regulations.gov index. Although
April 27, 2015. If EPA receives such
30°00′05.6″ N 093°57′25.75″ W (NAD listed in the index, some information is
comments, it will publish a timely
83). not publicly available, i.e., CBI or other
withdrawal of the direct final rule in the
Under the provisions of 33 CFR information whose disclosure is
Federal Register and inform the public
165.801, a vessel may not enter the restricted by statute. Certain other
that the rule will not take effect.
regulated area, unless it receives material, such as copyrighted material,
ADDRESSES: Submit your comments,
permission from the Captain of the Port is not placed on the Internet and will be
identified by Docket ID Number EPA– publicly available only in hard copy
or his designated on-scene Patrol R03–OAR–2014–0634 by one of the
Commander. Spectator vessels may form. Publicly available docket
following methods: materials are available either
safely transit outside the regulated area A. www.regulations.gov. Follow the
but may not anchor, block, loiter, or electronically in www.regulations.gov or
on-line instructions for submitting
impede participants or official patrol in hard copy during normal business
comments.
vessels. The Coast Guard may be B. Email: Campbell.Dave@epa.gov. hours at the Air Protection Division,
assisted by other federal, state or local C. Mail: EPA–R03–OAR–2014–0634, U.S. Environmental Protection Agency,
law enforcement agencies in enforcing Dave Campbell, Associate Director, Region III, 1650 Arch Street,
this regulation. Office of Permits and Air Toxics, Philadelphia, Pennsylvania 19103.
Mailcode 3AP10, U.S. Environmental Copies of the State submittal are
This notice is issued under authority
Protection Agency, Region III, 1650 available at the Pennsylvania
of 33 CFR 165.801 and 5 U.S.C. 552(a).
Arch Street, Philadelphia, Pennsylvania Department of Environmental
In addition to this notice in the Federal
19103. Protection, Bureau of Air Quality
Register, the Coast Guard will provide
D. Hand Delivery: At the previously- Control, P.O. Box 8468, 400 Market
the maritime community with
listed EPA Region III address. Such Street, Harrisburg, Pennsylvania 17105.
notification of this enforcement period
via Local Notice to Mariners, Safety deliveries are only accepted during the FOR FURTHER INFORMATION CONTACT:
Marine Information Broadcasts, and Docket’s normal hours of operation, and Gerallyn Duke, (215) 814–2084, or by
Marine Safety Information Bulletins. special arrangements should be made email at Duke.Gerallyn@epa.gov.
If the Captain of the Port or his for deliveries of boxed information. SUPPLEMENTARY INFORMATION: On
designated on-scene Patrol Commander Instructions: Direct your comments to February 11, 2014, the Pennsylvania
determines that the regulated area need Docket ID No. EPA–R03–OAR–2014– Department of Environmental Protection
not be enforced for the full duration 0634. EPA’s policy is that all comments submitted a revision to the
stated in this notice, he or she may use received will be included in the public Pennsylvania SIP for minor clarifying
a Broadcast Notice to Mariners to grant docket without change, and may be amendments to Pennsylvania’s existing
general permission to enter the made available online at air permit fee rule.
asabaliauskas on DSK5VPTVN1PROD with RULES
regulated area. www.regulations.gov, including any
personal information provided, unless I. Background
Dated: March 12, 2015. the comment includes information Section 110(a)(2)(L) of the CAA
R.S. Ogrydziak, claimed to be Confidential Business requires SIPs to include requirements
Captain, U.S. Coast Guard, Captain of the Information (CBI) or other information that the owner or operator of each major
Port, Port Arthur. whose disclosure is restricted by statute. stationary source pay to the permitting
[FR Doc. 2015–07140 Filed 3–26–15; 8:45 am] Do not submit information that you authority, as a condition of any permit
BILLING CODE 9110–04–P consider to be CBI, or otherwise required by the CAA, fees sufficient to
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![16286 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations
List of Subjects in 40 CFR Part 52 Dated: March 10, 2015. Authority: 42 U.S.C. 7401 et seq.
William C. Early,
Environmental protection, Air Acting Regional Administrator, Region III. Subpart NN—Pennsylvania
pollution control, Carbon monoxide,
Incorporation by reference, Therefore, 40 CFR part 52 is amended
as follows: ■ 2. In § 52.2020, the table in paragraph
Intergovernmental relations, Lead,
(c)(1) is amended by revising the entry
Nitrogen dioxide, Ozone, Particulate PART 52—APPROVAL AND ‘‘Section 127.701’’ to read as follows:
matter, Reporting and recordkeeping PROMULGATION OF
requirements, Sulfur oxides, Volatile IMPLEMENTATION PLANS § 52.2020 Identification of plan.
organic compounds. * * * * *
■ 1. The authority citation for part 52
continues to read as follows: (c) * * *
(1) EPA-APPROVED PENNSYLVANIA REGULATIONS AND STATUTES
State effective Additional explanation/
State citation Title/Subject EPA Approval date
date § 52.2063 citation
* * * * * * *
Subchapter I—Plan Approval and Operating Permit Fees
Section 127.701 ........................... General provisions ....................... 12/14/13 3/27/15 [Insert Federal Paragraphs (b) and (c) re-
Register citation]. vised.
* * * * * * *
* * * * * BART requirements on the basis that the Control, P.O. Box 8468, 400 Market
[FR Doc. 2015–06968 Filed 3–26–15; 8:45 am] revision corrects an error in the SIP and Street, Harrisburg, Pennsylvania 17105.
BILLING CODE 6560–50–P
strengthens the Pennsylvania SIP, while
FOR FURTHER INFORMATION CONTACT:
EPA is also finalizing a limited
disapproval of this part of the SIP Irene Shandruk, (215) 814–2166, or by
revision because the SIP revision relies email at shandruk.irene@epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY on the Clean Air Interstate Rule (CAIR) SUPPLEMENTARY INFORMATION:
and not the Cross-State Air Pollution
40 CFR Part 52 Rule (CSAPR) which has replaced CAIR. I. Background
This final action is in accordance with
[EPA–R03–OAR–2014–0342; FRL–9925–16– Regional haze is visibility impairment
the requirements of the Clean Air Act
Region 3] that is produced by a multitude of
(CAA) and EPA’s rules for BART.
sources and activities which are located
Approval and Promulgation of DATES: This final rule is effective on
across a broad geographic area and emit
Implementation Plans; Pennsylvania; April 27, 2015. fine particles (e.g., sulfates, nitrates,
Pennsylvania Regional Haze State ADDRESSES: EPA has established a organic carbon, elemental carbon, and
Implementation Plan Revision: Sulfur docket for this action under Docket ID soil dust) and their precursors (e.g., SO2,
Dioxide and Nitrogen Oxide Best Number EPA–R03–OAR–2014–0342. All NOX, and in some cases, ammonia (NH3)
Available Retrofit Technology Limits documents in the docket are listed in and volatile organic compounds (VOC)).
for the Cheswick Power Plant the www.regulations.gov Web site. Fine particle precursors react in the
Although listed in the electronic docket, atmosphere to form fine particulate
AGENCY: Environmental Protection some information is not publicly
matter (PM2.5), which impairs visibility
Agency (EPA). available, i.e., confidential business
by scattering and absorbing light.
ACTION: Final rule. information (CBI) or other information
Visibility impairment reduces the
whose disclosure is restricted by statute.
SUMMARY: The Environmental Protection clarity, color, and visible distance that
Certain other material, such as
Agency (EPA) is finalizing a limited one can see. Section 169A of the CAA
copyrighted material, is not placed on
approval and limited disapproval of a the Internet and will be publicly establishes as a national goal the
revision to the Pennsylvania State available only in hard copy form. ‘‘prevention of any future, and the
Implementation Plan (SIP) submitted by Publicly available docket materials are remedying of any existing, impairment
the Commonwealth of Pennsylvania available either electronically through of visibility in mandatory class I Federal
through the Pennsylvania Department of www.regulations.gov or in hard copy for areas which impairment results from
Environmental Protection (PADEP). public inspection during normal manmade air pollution’’ and requires
asabaliauskas on DSK5VPTVN1PROD with RULES
This SIP revision addresses the sulfur business hours at the Air Protection SIPs for states whose emissions may
dioxide (SO2) and nitrogen oxide (NOX) Division, U.S. Environmental Protection reasonably be anticipated to cause or
Best Available Retrofit Technology Agency, Region III, 1650 Arch Street, contribute to visibility impairment in
(BART) requirements for Boiler Number Philadelphia, Pennsylvania 19103. Class I areas to contain emission limits,
1 of the Cheswick Generating Station Copies of the State submittal are compliance schedules and other
(Cheswick) in Allegheny County. EPA is available at the Pennsylvania measures as may be necessary to make
finalizing a limited approval of the SIP Department of Environmental reasonable progress toward the national
revision for Cheswick’s SO2 and NOX Protection, Bureau of Air Quality goal of achieving natural visibility
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Document Created: 2015-12-18 11:36:32
Document Modified: 2015-12-18 11:36:32
| 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 | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on May 26, 2015 without further notice, unless EPA receives adverse written comment by April 27, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Gerallyn Duke, (215) 814-2084, or by email at [email protected] | |
| FR Citation | 80 FR 16284 | |
| 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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