80_FR_36360 80 FR 36239 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Regulations for Establishing Permit Fees

80 FR 36239 - 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 121 (June 24, 2015)

Page Range36239-36242
FR Document2015-15458

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. 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 and open burning permit application fees. EPA is approving these revisions to Pennsylvania's SIP in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 121 (Wednesday, June 24, 2015)
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Pages 36239-36242]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15458]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0886; FRL-9929-40-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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. 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 and open 
burning permit application fees. EPA is approving these revisions to 
Pennsylvania's SIP in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: This final rule is effective on July 24, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0886. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 through www.regulations.gov or in hard 
copy for public inspection 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; 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 March 9, 2015 (80 FR 12374), EPA published a document in the 
Federal Register (NPR) proposing to approve the August 30, 2010 SIP 
revision submittal from the Commonwealth of Pennsylvania through the 
Pennsylvania Department of Environmental Protection (PADEP). The SIP 
revision pertains to the Air Pollution Control portion of ACHD's rules 
and regulations and consists of changes to the ACHD regulations 
establishing installation permit application and administration fees 
and open burning permit application fees. EPA received one comment on 
the NPR. A summary of the comment and EPA's response are provided in 
Section III of this document.

II. Summary of SIP Revision

    The SIP revision consists of changes to ACHD regulations in Article 
XXI for installation permit fees and open burning permit fees, 
including revisions to section 2102.10, entitled ``Installation Permit 
Application and Administration Fees,'' and to section 2105.50, entitled 
``Open Burning and Administration Fees.'' The changes replace 
provisions containing fixed monetary amounts for permit fees provided 
for installation and open burning permits in sections 2102.10 and 
2105.5 with language that

[[Page 36240]]

provides for the Allegheny County Council to establish the amount of 
the given fee based on consideration of the degree of technical and 
regulatory difficulty in processing each type of installation permit. 
The revisions to Article XXI sections 2102.10 and 2105.50 include new 
permit fee provisions for the following permit types: Permits required 
by the Prevention of Significant Deterioration regulations; permits 
issued for new major sources and for major modifications to sources 
locating in or impacting a non-attainment area; permits required by 
existing standards, such as the New Source Performance Standards and 
the National Emission Standards for Hazardous Air Pollutants; permits 
in which ACHD establishes the Maximum Achievable Control Technology for 
a source; permits for any source requiring an installation permit but 
not subject to any of the previous requirements; and general 
installation permits. The specific revisions to requirements in Article 
XXI sections 2102.10 and 2105.50 pertaining to fees for installation 
and open burning permits in Allegheny County for proposed approval are 
explained in the NPR and will not be restated here. See 80 FR at 12374.

III. Public Comments and EPA Responses

    EPA received one anonymous comment on the proposed approval for the 
Pennsylvania SIP of revisions to ACHD's regulations. A summary of the 
comment and our response follows.
    Comment: The commenter expresses support for the action proposed by 
the EPA to include the revised Allegheny County regulations in the 
Pennsylvania SIP; however, the commenter states that in section III of 
the NPR, EPA's statement that section 110(a)(2)(L)(i) and (ii) requires 
SIPs to include fees sufficient to cover the costs of reviewing and 
acting upon a permit application is incorrect. The commenter points out 
that CAA section 110(a)(2)(L)(i) and (ii) do not require SIPs to 
``include'' fees; rather 110(a)(2)(L) states SIPs must require owners 
and operators to ``pay'' fees. According to the commenter, if the 
statement EPA made was correct, it would mean that the revisions EPA is 
acting upon do not satisfy the requirements of section 110(a)(2)(L)(i) 
and (ii) because the proposed revisions remove the fixed monetary fee 
for certain permits and therefore the SIP would not include a fee and 
thus would not meet section 110(a)(2)(L)(i) and (ii). To further 
support the argument, the commenter cites the September 13, 2013 
Memorandum from Stephen D. Page, Director, Office of Air Quality 
Planning and Standards, Guidance on Infrastructure State Implementation 
Plan Elements Under CAA Sections 110(a)(1) and 110(a)(2) 
(Infrastructure SIP Guidance), in which EPA discusses section 
110(a)(2)(L) and states that ``the fee program is not required to be 
part of the EPA approved SIP.''
    Response: EPA appreciates the commenter's support for the action 
approving this SIP revision. EPA also agrees with the commenter that 
fee programs included in SIPs to comply with section 110(a)(2)(L) do 
not have to require a specific dollar amount for a permit or other 
approval. The Agency also agrees that the ACHD fee program provisions 
that we approve into the SIP today are consistent with CAA section 
110(a)(2)(L). We do not agree with the commenter's characterization of 
the Agency's interpretation of the statute as explained below.
    CAA section 110(a)(2)(L) regarding permit fee requirements for SIPs 
provides in pertinent part that the SIP shall ``require the owner and 
operator of each major stationary source to pay the permitting 
authority, as a condition of any permit required under this chapter, a 
fee sufficient to cover'' the reasonable costs of reviewing and acting 
on permit applications and the reasonable costs of implementing and 
enforcing the terms and conditions of any such permits. Section 
110(a)(2)(L) further requires such provisions for SIPs until the major 
source fee requirements are superseded with respect to such sources by 
EPA's approval of a fee program under Title V of the CAA.\1\
---------------------------------------------------------------------------

    \1\ EPA's Infrastructure SIP Guidance states that the EPA-
approved title V fee program is not required to be included in the 
SIP and then refers state air agencies to EPA regional offices to 
address section 110(a)(2)(L) requirements for permit fee programs 
addressing permits required by Title I of the CAA, such as permits 
required upon construction or modification of certain sources.
---------------------------------------------------------------------------

    In the NPR, EPA proposed to approve for the Pennsylvania SIP 
certain revisions to Allegheny County's regulations which deleted fixed 
fees for certain required installation permits and open burning permits 
from the ACHD regulations and replaced such fixed fees with provisions 
stating that installation and open burning permit fees required for 
owners and operators of certain pollutant emitting stationary sources 
would be set by Allegheny County factoring in the degree of technical 
and regulatory difficulty for categories of installation permits. EPA 
proposed to approve the revisions as meeting requirements for permit 
fees in CAA section 110(a)(2)(L). In the proposal, EPA inadvertently 
did not include the verbatim text of CAA section 110(a)(2)(L) in 
providing the explanation for our proposed approval of Allegheny 
County's regulations. However, the revisions to sections 2102.10 and 
2105.50 of Article XXI of Allegheny County's regulations satisfy CAA 
section 110(a)(2)(L) because the revised provisions in sections 2102.10 
and 2015.50 clearly require the owner and operator of certain air 
pollutant-emitting sources to pay to Allegheny County, the local 
permitting authority, a fee sufficient to cover reasonable costs to 
review and act upon permit applications and reasonable costs for 
Allegheny County to implement and enforce permit terms and conditions. 
The revisions to sections 2102.10 and 2105.50 simply remove a fixed 
monetary fee that owners and operators of certain sources would need to 
pay for installation and open burning permits and replace the fixed fee 
with applicable criteria for Allegheny County to determine the value of 
the fee for owners or operators to obtain required installation and 
open burning permits. The provisions of Allegheny County's regulations 
still require the payment of a fee for certain installation and open 
burning permits which would meet requirements in section 110(a)(2)(L) 
for SIPs to include provisions for payment of such fees.
    EPA is unsure of the relevance of the quote from EPA's 
Infrastructure SIP Guidance included in the comment. The Infrastructure 
SIP Guidance at pages 56-57 states: ``Currently, every state has an 
EPA-approved fee program under CAA Title V. However, the fee program is 
not required to be part of the EPA approved SIP.'' This language 
clearly refers to the EPA-approved fee program under CAA Title V for 
operating permits required by Title V of the CAA which may supersede 
certain requirements for SIPs to include fee requirements for permits 
required by the CAA. Pennsylvania has an EPA-approved Title V program 
and an EPA-approved Title V fee program, but the Allegheny County 
regulations we proposed to approve in the NPR are not part of the 
Pennsylvania Title V program. Sections 2102.10 and 2105.50 of Article 
XXI of Allegheny County's regulations relate to fees for certain 
installation and open burning permits which are required by Allegheny 
County prior to installation of certain pollutant emitting sources or 
open burning operations. Such permits are required by Allegheny County 
to implement requirements in Title I of the CAA, not Title V. These 
fees provide funds for Allegheny County to review, implement and 
enforce permits required

[[Page 36241]]

by Title I of the CAA that are not funded under the state's Title V 
permit program. Thus, the language of the Infrastructure SIP Guidance 
included in the comment is not applicable to this action. EPA proposed 
in the NPR to approve the revisions to sections 2102.10 and 2105.50 of 
Article XXI because the regulations require owners or operators of 
certain stationary sources to pay permit fees as a precondition to 
receiving an installation or open burning permit. These regulations 
therefore satisfy requirements in section 110(a)(2)(L) that the SIP 
require owners and operators to pay the permitting authority a fee 
sufficient to cover reasonable costs of reviewing, acting on, 
implementing and enforcing permits required by the CAA, including 
installation or construction permits required by Title I of the CAA.

IV. Final Action

    EPA is approving as a revision to the Pennsylvania SIP the August 
30, 2010 SIP submittal from PADEP consisting of changes to the ACHD 
regulations establishing installation permit application and 
administration fee requirements and open burning permit application fee 
requirements in Allegheny County.

V. Incorporation by Reference

    In this, 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 the 
Allegheny County Regulations described in the amendments to 40 CFR part 
52 set forth below. 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).

VI. 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 August 24, 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. This action pertaining to the Air Pollution Control portion of 
the Allegheny County Rules and Regulations, which revises the 
regulations establishing installation permit application and 
administration fees, as well as open burning permit application fees 
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

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: June 11, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    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)(2) is amended by:
0
a. Under Part B, revising the entry for ``2102.10''; and
0
b. Under Part E, subpart 5, revising the entry for ``2105.50''.
    The revisions read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

[[Page 36242]]



----------------------------------------------------------------------------------------------------------------
                                                            State                                 Additional
   Article XX or XXI citation         Title/Subject       effective     EPA Approval date     explanation/ Sec.
                                                             date                              52.2063 citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Part B--Permits Generally
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2102.10.........................  Installation Permit      7/26/2009  6/24/2015 [Insert
                                   Application And                     Federal Register
                                   Administration Fees.                citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Part E--Source Emission and Operating Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Subpart 5--Open Burning and Abrasive Blasting Sources
----------------------------------------------------------------------------------------------------------------
2105.50 (except paragraph .50.d)  Open Burning.........    7/26/2009  6/24/2015 [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-15458 Filed 6-23-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations                                       36239

                                                  § 238.15   Notice.                                      payments to and including the date          the www.regulations.gov Web site.
                                                    Any communication to USAID                            payment in full is made by you              Although listed in the electronic docket,
                                                  pursuant to the Guarantee shall be in                   pursuant to said Guarantee, at the rate     some information is not publicly
                                                  writing in the English language, shall                  of ll% per annum, being the rate for        available, i.e., confidential business
                                                  refer to the Hashemite Kingdom of                       such interest accrual specified in such     information (CBI) or other information
                                                  Jordan Loan Guarantee Number                            Note. Such payment is to be made at         whose disclosure is restricted by statute.
                                                  inscribed on the Eligible Note and shall                [state payment instructions of              Certain other material, such as
                                                  be complete on the day it shall be                      Noteholder].                                copyrighted material, is not placed on
                                                  actually received by USAID at the Office                   All capitalized terms herein that are    the Internet and will be publicly
                                                  of Development Credit, Bureau for                       not otherwise defined shall have the        available only in hard copy form.
                                                  Economic Growth, Education and                          meanings assigned to such terms in the      Publicly available docket materials are
                                                  Environment, United States Agency for                   Standard Terms and Conditions of the        available either electronically through
                                                  International Development, Washington,                  above-mentioned Guarantee.                  www.regulations.gov or in hard copy for
                                                  DC 20523–0030. Other addresses may be                                                               public inspection during normal
                                                                                                          [Name of Applicant]
                                                  substituted for the above upon the                                                                  business hours at the Air Protection
                                                  giving of notice of such substitution to                By: lllllllllllllllllll
                                                                                                                                                      Division, U.S. Environmental Protection
                                                  each Noteholder by first class mail at                  Name:                                       Agency, Region III, 1650 Arch Street,
                                                  the address set forth in the Note                       Title:                                      Philadelphia, Pennsylvania 19103.
                                                  Register.                                               Dated:                                      Copies of the State submittal are
                                                  § 238.16   Governing Law.
                                                                                                                                                      available at the Pennsylvania
                                                                                                             Dated: June 17, 2015.                    Department of Environmental
                                                     The Guarantee shall be governed by                   D. Bruce McPherson,                         Protection, Bureau of Air Quality
                                                  and construed in accordance with the                    Attorney Advisor, Office of the General     Control, P.O. Box 8468, 400 Market
                                                  laws of the United States of America                    Counsel, U.S. Agency for International      Street, Harrisburg, Pennsylvania 17105;
                                                  governing contracts and commercial                      Development.                                Allegheny County Health Department,
                                                  transactions of the United States                       [FR Doc. 2015–15435 Filed 6–23–15; 8:45 am] Bureau of Environmental Quality,
                                                  Government.                                             BILLING CODE P                              Division of Air Quality, 301 39th Street,
                                                  Appendix A to Part 238—Application                                                                  Pittsburgh, Pennsylvania 15201.
                                                  for Compensation                                                                                    FOR FURTHER INFORMATION CONTACT: Paul
                                                  United States Agency for International                  ENVIRONMENTAL PROTECTION                    T. Wentworth, P.E. at: (215) 814–2183,
                                                  Development                                             AGENCY                                      or by email at wentworth.paul@epa.gov.
                                                  Washington, DC 20523                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                          40 CFR Part 52
                                                  Ref: Guarantee dated as of ll, 20 l:                    [EPA–R03–OAR–2014–0886; FRL–9929–40–
                                                                                                                                                      I. Background
                                                    Gentlemen: You are hereby advised                     Region–3]                                                 On March 9, 2015 (80 FR 12374), EPA
                                                  that payment of $ll (consisting of $l                                                                          published a document in the Federal
                                                  l of principal, $ll of interest and $l                  Approval and Promulgation of Air                       Register (NPR) proposing to approve the
                                                  l in Further Guaranteed Payments, as                    Quality Implementation Plans;                          August 30, 2010 SIP revision submittal
                                                  defined in § 238.2 of the Standard                      Pennsylvania; Revision to Allegheny                    from the Commonwealth of
                                                  Terms and Conditions of the above-                      County Regulations for Establishing                    Pennsylvania through the Pennsylvania
                                                  mentioned Guarantee) was due on ll,                     Permit Fees                                            Department of Environmental Protection
                                                  20 ll, on $ll Principal Amount of                                                                              (PADEP). The SIP revision pertains to
                                                  Notes issued by Hashemite Kingdom of                    AGENCY:  Environmental Protection
                                                                                                          Agency (EPA).                                          the Air Pollution Control portion of
                                                  Jordan (the ‘‘Borrower’’) held by the                                                                          ACHD’s rules and regulations and
                                                  undersigned. Of such amount $ll was                     ACTION: Final rule.
                                                                                                                                                                 consists of changes to the ACHD
                                                  not received on such date and has not
                                                                                                          SUMMARY:   The Environmental Protection                regulations establishing installation
                                                  been received by the undersigned at the
                                                                                                          Agency (EPA) is approving a State                      permit application and administration
                                                  date hereof. In accordance with the
                                                                                                          Implementation Plan (SIP) revision                     fees and open burning permit
                                                  terms and provisions of the above-
                                                                                                          submitted by the Commonwealth of                       application fees. EPA received one
                                                  mentioned Guarantee, the undersigned
                                                                                                          Pennsylvania. This revision pertains to                comment on the NPR. A summary of the
                                                  hereby applies, under § 238.8 of said
                                                                                                          the Air Pollution Control portion of the               comment and EPA’s response are
                                                  Guarantee, for payment of $ll,
                                                                                                          Allegheny County Health Department                     provided in Section III of this
                                                  representing $ll, the Principal
                                                                                                          (ACHD) rules and regulations and                       document.
                                                  Amount of the presently outstanding
                                                  Note(s) of the Borrower held by the                     consists of changes to the regulations                 II. Summary of SIP Revision
                                                  undersigned that was due and payable                    establishing installation permit
                                                                                                          application and administration fees and        The SIP revision consists of changes
                                                  on ll and that remains unpaid, and                                                                  to ACHD regulations in Article XXI for
                                                  $ll, the Interest Amount on such                        open burning permit application fees.
                                                                                                          EPA is approving these revisions to         installation permit fees and open
                                                  Note(s) that was due and payable by the                                                             burning permit fees, including revisions
                                                  Borrower on ll and that remains                         Pennsylvania’s SIP in accordance with
                                                                                                          the requirements of the Clean Air Act       to section 2102.10, entitled ‘‘Installation
                                                  unpaid, and $ll in Further                                                                          Permit Application and Administration
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  Guaranteed Payments,1 plus accrued                      (CAA).
                                                                                                                                                      Fees,’’ and to section 2105.50, entitled
                                                  and unpaid interest thereon from the                    DATES: This final rule is effective on July ‘‘Open Burning and Administration
                                                  date of default with respect to such                    24, 2015.                                   Fees.’’ The changes replace provisions
                                                    1 In the event the Application for Compensation
                                                                                                          ADDRESSES: EPA has established a            containing fixed monetary amounts for
                                                  relates to Further Guaranteed Payments, such
                                                                                                          docket for this action under Docket ID      permit fees provided for installation and
                                                  Application must also contain a statement of the        Number EPA–R03–OAR–2014–0886. All open burning permits in sections
                                                  nature and circumstances of the related loss.           documents in the docket are listed in       2102.10 and 2105.5 with language that


                                             VerDate Sep<11>2014   14:13 Jun 23, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\24JNR1.SGM   24JNR1


                                                  36240            Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations

                                                  provides for the Allegheny County                       Director, Office of Air Quality Planning                verbatim text of CAA section
                                                  Council to establish the amount of the                  and Standards, Guidance on                              110(a)(2)(L) in providing the
                                                  given fee based on consideration of the                 Infrastructure State Implementation                     explanation for our proposed approval
                                                  degree of technical and regulatory                      Plan Elements Under CAA Sections                        of Allegheny County’s regulations.
                                                  difficulty in processing each type of                   110(a)(1) and 110(a)(2) (Infrastructure                 However, the revisions to sections
                                                  installation permit. The revisions to                   SIP Guidance), in which EPA discusses                   2102.10 and 2105.50 of Article XXI of
                                                  Article XXI sections 2102.10 and                        section 110(a)(2)(L) and states that ‘‘the              Allegheny County’s regulations satisfy
                                                  2105.50 include new permit fee                          fee program is not required to be part of               CAA section 110(a)(2)(L) because the
                                                  provisions for the following permit                     the EPA approved SIP.’’                                 revised provisions in sections 2102.10
                                                  types: Permits required by the                             Response: EPA appreciates the                        and 2015.50 clearly require the owner
                                                  Prevention of Significant Deterioration                 commenter’s support for the action                      and operator of certain air pollutant-
                                                  regulations; permits issued for new                     approving this SIP revision. EPA also                   emitting sources to pay to Allegheny
                                                  major sources and for major                             agrees with the commenter that fee                      County, the local permitting authority, a
                                                  modifications to sources locating in or                 programs included in SIPs to comply                     fee sufficient to cover reasonable costs
                                                  impacting a non-attainment area;                        with section 110(a)(2)(L) do not have to                to review and act upon permit
                                                  permits required by existing standards,                 require a specific dollar amount for a                  applications and reasonable costs for
                                                  such as the New Source Performance                      permit or other approval. The Agency                    Allegheny County to implement and
                                                  Standards and the National Emission                     also agrees that the ACHD fee program                   enforce permit terms and conditions.
                                                  Standards for Hazardous Air Pollutants;                 provisions that we approve into the SIP                 The revisions to sections 2102.10 and
                                                  permits in which ACHD establishes the                   today are consistent with CAA section                   2105.50 simply remove a fixed
                                                  Maximum Achievable Control                              110(a)(2)(L). We do not agree with the                  monetary fee that owners and operators
                                                  Technology for a source; permits for any                commenter’s characterization of the                     of certain sources would need to pay for
                                                  source requiring an installation permit                 Agency’s interpretation of the statute as               installation and open burning permits
                                                  but not subject to any of the previous                  explained below.                                        and replace the fixed fee with
                                                  requirements; and general installation                     CAA section 110(a)(2)(L) regarding                   applicable criteria for Allegheny County
                                                  permits. The specific revisions to                      permit fee requirements for SIPs                        to determine the value of the fee for
                                                  requirements in Article XXI sections                    provides in pertinent part that the SIP                 owners or operators to obtain required
                                                  2102.10 and 2105.50 pertaining to fees                  shall ‘‘require the owner and operator of               installation and open burning permits.
                                                  for installation and open burning                       each major stationary source to pay the                 The provisions of Allegheny County’s
                                                  permits in Allegheny County for                         permitting authority, as a condition of                 regulations still require the payment of
                                                  proposed approval are explained in the                  any permit required under this chapter,                 a fee for certain installation and open
                                                  NPR and will not be restated here. See                  a fee sufficient to cover’’ the reasonable              burning permits which would meet
                                                  80 FR at 12374.                                         costs of reviewing and acting on permit                 requirements in section 110(a)(2)(L) for
                                                  III. Public Comments and EPA                            applications and the reasonable costs of                SIPs to include provisions for payment
                                                  Responses                                               implementing and enforcing the terms                    of such fees.
                                                                                                          and conditions of any such permits.
                                                     EPA received one anonymous                                                                                      EPA is unsure of the relevance of the
                                                                                                          Section 110(a)(2)(L) further requires
                                                  comment on the proposed approval for                                                                            quote from EPA’s Infrastructure SIP
                                                                                                          such provisions for SIPs until the major
                                                  the Pennsylvania SIP of revisions to                                                                            Guidance included in the comment. The
                                                                                                          source fee requirements are superseded
                                                  ACHD’s regulations. A summary of the                                                                            Infrastructure SIP Guidance at pages 56–
                                                                                                          with respect to such sources by EPA’s
                                                  comment and our response follows.                                                                               57 states: ‘‘Currently, every state has an
                                                                                                          approval of a fee program under Title V
                                                     Comment: The commenter expresses                                                                             EPA-approved fee program under CAA
                                                                                                          of the CAA.1
                                                  support for the action proposed by the                                                                          Title V. However, the fee program is not
                                                                                                             In the NPR, EPA proposed to approve
                                                  EPA to include the revised Allegheny                                                                            required to be part of the EPA approved
                                                                                                          for the Pennsylvania SIP certain
                                                  County regulations in the Pennsylvania                                                                          SIP.’’ This language clearly refers to the
                                                                                                          revisions to Allegheny County’s
                                                  SIP; however, the commenter states that                                                                         EPA-approved fee program under CAA
                                                                                                          regulations which deleted fixed fees for
                                                  in section III of the NPR, EPA’s                                                                                Title V for operating permits required
                                                                                                          certain required installation permits and
                                                  statement that section 110(a)(2)(L)(i) and                                                                      by Title V of the CAA which may
                                                                                                          open burning permits from the ACHD
                                                  (ii) requires SIPs to include fees                                                                              supersede certain requirements for SIPs
                                                                                                          regulations and replaced such fixed fees
                                                  sufficient to cover the costs of reviewing                                                                      to include fee requirements for permits
                                                                                                          with provisions stating that installation
                                                  and acting upon a permit application is                                                                         required by the CAA. Pennsylvania has
                                                                                                          and open burning permit fees required
                                                  incorrect. The commenter points out                                                                             an EPA-approved Title V program and
                                                                                                          for owners and operators of certain
                                                  that CAA section 110(a)(2)(L)(i) and (ii)                                                                       an EPA-approved Title V fee program,
                                                                                                          pollutant emitting stationary sources
                                                  do not require SIPs to ‘‘include’’ fees;                                                                        but the Allegheny County regulations
                                                                                                          would be set by Allegheny County
                                                  rather 110(a)(2)(L) states SIPs must                                                                            we proposed to approve in the NPR are
                                                                                                          factoring in the degree of technical and
                                                  require owners and operators to ‘‘pay’’                                                                         not part of the Pennsylvania Title V
                                                                                                          regulatory difficulty for categories of
                                                  fees. According to the commenter, if the                                                                        program. Sections 2102.10 and 2105.50
                                                                                                          installation permits. EPA proposed to
                                                  statement EPA made was correct, it                                                                              of Article XXI of Allegheny County’s
                                                                                                          approve the revisions as meeting
                                                  would mean that the revisions EPA is                                                                            regulations relate to fees for certain
                                                                                                          requirements for permit fees in CAA
                                                  acting upon do not satisfy the                                                                                  installation and open burning permits
                                                                                                          section 110(a)(2)(L). In the proposal,
                                                  requirements of section 110(a)(2)(L)(i)                                                                         which are required by Allegheny
                                                                                                          EPA inadvertently did not include the
                                                  and (ii) because the proposed revisions                                                                         County prior to installation of certain
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                                                  remove the fixed monetary fee for                         1 EPA’s Infrastructure SIP Guidance states that the   pollutant emitting sources or open
                                                  certain permits and therefore the SIP                   EPA-approved title V fee program is not required to     burning operations. Such permits are
                                                  would not include a fee and thus would                  be included in the SIP and then refers state air        required by Allegheny County to
                                                  not meet section 110(a)(2)(L)(i) and (ii).              agencies to EPA regional offices to address section     implement requirements in Title I of the
                                                                                                          110(a)(2)(L) requirements for permit fee programs
                                                  To further support the argument, the                    addressing permits required by Title I of the CAA,
                                                                                                                                                                  CAA, not Title V. These fees provide
                                                  commenter cites the September 13, 2013                  such as permits required upon construction or           funds for Allegheny County to review,
                                                  Memorandum from Stephen D. Page,                        modification of certain sources.                        implement and enforce permits required


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                                                                   Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations                                                36241

                                                  by Title I of the CAA that are not funded               those imposed by state law. For that                   the U.S. House of Representatives, and
                                                  under the state’s Title V permit                        reason, this action:                                   the Comptroller General of the United
                                                  program. Thus, the language of the                         • Is not a ‘‘significant regulatory                 States prior to publication of the rule in
                                                  Infrastructure SIP Guidance included in                 action’’ subject to review by the Office               the Federal Register. A major rule
                                                  the comment is not applicable to this                   of Management and Budget under                         cannot take effect until 60 days after it
                                                  action. EPA proposed in the NPR to                      Executive Order 12866 (58 FR 51735,                    is published in the Federal Register.
                                                  approve the revisions to sections                       October 4, 1993);                                      This action is not a ‘‘major rule’’ as
                                                  2102.10 and 2105.50 of Article XXI                         • does not impose an information                    defined by 5 U.S.C. 804(2).
                                                  because the regulations require owners                  collection burden under the provisions
                                                                                                          of the Paperwork Reduction Act (44                     C. Petitions for Judicial Review
                                                  or operators of certain stationary sources
                                                  to pay permit fees as a precondition to                 U.S.C. 3501 et seq.);                                     Under section 307(b)(1) of the CAA,
                                                  receiving an installation or open                          • is certified as not having a                      petitions for judicial review of this
                                                  burning permit. These regulations                       significant economic impact on a                       action must be filed in the United States
                                                  therefore satisfy requirements in section               substantial number of small entities                   Court of Appeals for the appropriate
                                                  110(a)(2)(L) that the SIP require owners                under the Regulatory Flexibility Act (5                circuit by August 24, 2015. Filing a
                                                  and operators to pay the permitting                     U.S.C. 601 et seq.);                                   petition for reconsideration by the
                                                  authority a fee sufficient to cover                        • does not contain any unfunded                     Administrator of this final rule does not
                                                  reasonable costs of reviewing, acting on,               mandate or significantly or uniquely                   affect the finality of this action for the
                                                  implementing and enforcing permits                      affect small governments, as described                 purposes of judicial review nor does it
                                                  required by the CAA, including                          in the Unfunded Mandates Reform Act                    extend the time within which a petition
                                                  installation or construction permits                    of 1995 (Pub. L. 104–4);                               for judicial review may be filed, and
                                                  required by Title I of the CAA.                            • does not have Federalism                          shall not postpone the effectiveness of
                                                                                                          implications as specified in Executive                 such rule or action. This action
                                                  IV. Final Action                                        Order 13132 (64 FR 43255, August 10,                   pertaining to the Air Pollution Control
                                                                                                          1999);                                                 portion of the Allegheny County Rules
                                                    EPA is approving as a revision to the                    • is not an economically significant
                                                  Pennsylvania SIP the August 30, 2010                                                                           and Regulations, which revises the
                                                                                                          regulatory action based on health or                   regulations establishing installation
                                                  SIP submittal from PADEP consisting of                  safety risks subject to Executive Order
                                                  changes to the ACHD regulations                                                                                permit application and administration
                                                                                                          13045 (62 FR 19885, April 23, 1997);                   fees, as well as open burning permit
                                                  establishing installation permit                           • is not a significant regulatory action
                                                  application and administration fee                                                                             application fees may not be challenged
                                                                                                          subject to Executive Order 13211 (66 FR                later in proceedings to enforce its
                                                  requirements and open burning permit                    28355, May 22, 2001);
                                                  application fee requirements in                                                                                requirements. (See section 307(b)(2).)
                                                                                                             • is not subject to requirements of
                                                  Allegheny County.                                       Section 12(d) of the National                          List of Subjects in 40 CFR Part 52
                                                  V. Incorporation by Reference                           Technology Transfer and Advancement                      Environmental protection, Air
                                                                                                          Act of 1995 (15 U.S.C. 272 note) because               pollution control, Carbon monoxide,
                                                    In this, the EPA is finalizing                        application of those requirements would                Incorporation by reference,
                                                  regulatory text that includes                           be inconsistent with the CAA; and                      Intergovernmental relations, Lead,
                                                  incorporation by reference. In                             • does not provide EPA with the                     Nitrogen dioxide, Ozone, Particulate
                                                  accordance with requirements of 1 CFR                   discretionary authority to address, as                 matter, Reporting and recordkeeping
                                                  51.5, the EPA is finalizing the                         appropriate, disproportionate human                    requirements, Sulfur oxides, Volatile
                                                  incorporation by reference of the                       health or environmental effects, using                 organic compounds.
                                                  Allegheny County Regulations                            practicable and legally permissible
                                                                                                                                                                  Dated: June 11, 2015.
                                                  described in the amendments to 40 CFR                   methods, under Executive Order 12898
                                                  part 52 set forth below. The EPA has                    (59 FR 7629, February 16, 1994).                       William C. Early,
                                                  made, and will continue to make, these                     In addition, this rule does not have                Acting Regional Administrator, Region III.
                                                  documents generally available                           tribal implications as specified by                        40 CFR part 52 is amended as follows:
                                                  electronically through                                  Executive Order 13175 (65 FR 67249,
                                                  www.regulations.gov and/or in hard                      November 9, 2000), because the SIP is                  PART 52—APPROVAL AND
                                                  copy at the appropriate EPA office (see                 not approved to apply in Indian country                PROMULGATION OF
                                                  the ADDRESSES section of this preamble                  located in the state, and EPA notes that               IMPLEMENTATION PLANS
                                                  for more information).                                  it will not impose substantial direct
                                                                                                          costs on tribal governments or preempt                 ■ 1. The authority citation for part 52
                                                  VI. Statutory and Executive Order                       tribal law.                                            continues to read as follows:
                                                  Reviews                                                                                                            Authority: 42 U.S.C. 7401 et seq.
                                                                                                          B. Submission to Congress and the
                                                  A. General Requirements                                 Comptroller General                                    Subpart NN—Pennsylvania
                                                    Under the CAA, the Administrator is                     The Congressional Review Act, 5
                                                  required to approve a SIP submission                    U.S.C. 801 et seq., as added by the Small              ■  2. In § 52.2020, the table in paragraph
                                                  that complies with the provisions of the                Business Regulatory Enforcement                        (c)(2) is amended by:
                                                                                                                                                                 ■ a. Under Part B, revising the entry for
                                                  CAA and applicable Federal regulations.                 Fairness Act of 1996, generally provides
                                                                                                                                                                 ‘‘2102.10’’; and
                                                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                     that before a rule may take effect, the
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                                                                                                                                                                 ■ b. Under Part E, subpart 5, revising the
                                                  Thus, in reviewing SIP submissions,                     agency promulgating the rule must                      entry for ‘‘2105.50’’.
                                                  EPA’s role is to approve state choices,                 submit a rule report, which includes a                    The revisions read as follows:
                                                  provided that they meet the criteria of                 copy of the rule, to each House of the
                                                  the CAA. Accordingly, this action                       Congress and to the Comptroller General                § 52.2020    Identification of plan.
                                                  merely approves state law as meeting                    of the United States. EPA will submit a                *       *    *      *     *
                                                  Federal requirements and does not                       report containing this action and other                    (c) * * *
                                                  impose additional requirements beyond                   required information to the U.S. Senate,                   (2) * * *


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                                                  36242               Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations

                                                                                                                                             State                                                          Additional
                                                         Article XX                                  Title/Subject                          effective                     EPA Approval date                explanation/
                                                       or XXI citation                                                                        date                                                      § 52.2063 citation


                                                              *                           *                          *                            *                       *                      *               *

                                                                                                                               Part B—Permits Generally


                                                          *                              *                    *                               *                          *                  *                    *
                                                  2102.10 ......................   Installation Permit Application And Ad-                  7/26/2009         6/24/2015 [Insert Federal Register ci-
                                                                                     ministration Fees.                                                         tation].

                                                              *                           *                          *                            *                       *                      *               *

                                                                                                             Part E—Source Emission and Operating Standards


                                                              *                           *                          *                            *                       *                      *               *

                                                                                                           Subpart 5—Open Burning and Abrasive Blasting Sources

                                                  2105.50 (except para-            Open Burning ........................................    7/26/2009         6/24/2015 [Insert Federal Register ci-
                                                    graph .50.d).                                                                                               tation].

                                                              *                           *                          *                            *                       *                      *               *



                                                  *       *       *        *       *                               ADDRESSES:    Submit your comments                           Information (CBI) or other information
                                                  [FR Doc. 2015–15458 Filed 6–23–15; 8:45 am]                      identified by Docket ID Number EPA–                          whose disclosure is restricted by statute.
                                                  BILLING CODE 6560–50–P                                           R01–OAR–2014–0881, by one of the                             Do not submit through
                                                                                                                   following methods:                                           www.regulations.gov, or email,
                                                                                                                     1. www.regulations.gov: Follow the                         information that you consider to be CBI
                                                  ENVIRONMENTAL PROTECTION                                         on-line instructions for submitting                          or otherwise protected. The
                                                  AGENCY                                                           comments.                                                    www.regulations.gov Web site is an
                                                                                                                     2. Email: arnold.anne@epa.gov.                             ‘‘anonymous access’’ system, which
                                                  40 CFR Part 52                                                     3. Fax: (617) 918–0047.                                    means EPA will not know your identity
                                                                                                                     4. Mail: ‘‘Docket Identification                           or contact information unless you
                                                  [EPA–R01–OAR–2014–0881; A–1–FRL–
                                                                                                                   Number EPA–R01–OAR–2014–0881,’’                              provide it in the body of your comment.
                                                  9925–88–Region 1]
                                                                                                                   Anne Arnold, Manager, Air Quality                            If you send an email comment directly
                                                  Approval and Promulgation of Air                                 Planning Unit, Office of Ecosystem                           to EPA without going through
                                                  Quality Implementation Plans;                                    Protection, U.S. Environmental                               www.regulations.gov your email address
                                                  Connecticut; Ambient Air Quality                                 Protection Agency, EPA New England                           will be automatically captured and
                                                  Standards                                                        Regional Office, 5 Post Office Square—                       included as part of the comment that is
                                                                                                                   Suite 100, (Mail code OEP05–2), Boston,                      placed in the public docket and made
                                                  AGENCY: Environmental Protection                                 MA 02109–3912.                                               available on the Internet. If you submit
                                                  Agency (EPA).                                                      5. Hand Delivery or Courier. Deliver                       an electronic comment, EPA
                                                  ACTION: Direct final rule.                                       your comments to: Anne Arnold,                               recommends that you include your
                                                                                                                   Manager, Air Quality Planning Unit,                          name and other contact information in
                                                  SUMMARY:   The Environmental Protection                          Office of Ecosystem Protection, U.S.                         the body of your comment and with any
                                                  Agency (EPA) is approving a State                                Environmental Protection Agency, EPA                         disk or CD–ROM you submit. If EPA
                                                  Implementation Plan (SIP) revision                               New England Regional Office, 5 Post                          cannot read your comment due to
                                                  submitted by the State of Connecticut.                           Office Square—Suite 100, (Mail code                          technical difficulties and cannot contact
                                                  The revision updates state regulations                           OEP05–2), Boston, MA 02109–3912.                             you for clarification, EPA may not be
                                                  containing ambient air quality standards                         Such deliveries are only accepted                            able to consider your comment.
                                                  (AAQS) to be consistent with EPA’s                               during the Regional Office’s normal                          Electronic files should avoid the use of
                                                  national ambient air quality standards                           hours of operation. The Regional                             special characters, any form of
                                                  (NAAQS). The intended effect of this                             Office’s official hours of business are                      encryption, and be free of any defects or
                                                  action is to approve these regulations                           Monday through Friday, 8:30 a.m. to                          viruses.
                                                  into the Connecticut SIP. This action is                         4:30 p.m., excluding legal holidays.                            Docket: All documents in the
                                                  being taken in accordance with the                                 Instructions: Direct your comments to                      electronic docket are listed in the
                                                  Clean Air Act (CAA).                                             Docket ID Number EPA–R01–OAR–                                www.regulations.gov index. Although
                                                  DATES: This direct final rule will be                            2014–0881. EPA’s policy is that all                          listed in the index, some information is
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                                                  effective August 24, 2015, unless EPA                            comments received will be included in                        not publicly available, i.e., CBI or other
                                                  receives adverse comments by July 24,                            the public docket without change and                         information whose disclosure is
                                                  2015. If adverse comments are received,                          may be made available online at                              restricted by statute. Certain other
                                                  EPA will publish a timely withdrawal of                          www.regulations.gov, including any                           material, such as copyrighted material,
                                                  the direct final rule in the Federal                             personal information provided, unless                        is not placed on the Internet and will be
                                                  Register informing the public that the                           the comment includes information                             publicly available only in hard copy
                                                  rule will not take effect.                                       claimed to be Confidential Business                          form. Publicly available docket


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Document Created: 2015-12-15 14:09:17
Document Modified: 2015-12-15 14:09:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on July 24, 2015.
ContactPaul T. Wentworth, P.E. at: (215) 814- 2183, or by email at [email protected]
FR Citation80 FR 36239 
CFR AssociatedEnvironmental 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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