80 FR 40922 - Clean Air Act Title V Operating Permit Program Revision; Pennsylvania

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 134 (July 14, 2015)

The Environmental Protection Agency (EPA) is approving a Title V Operating Permit Program revision submitted by the Commonwealth of Pennsylvania. The revision amends the Title V fee program that funds the Pennsylvania Title V Operating Permit Program. EPA is approving these revisions to increase Pennsylvania's annual emission fees to $85 per ton of emissions for emissions from Title V sources of up to 4,000 tons of each regulated pollutant in accordance with the requirements of the Clean Air Act (CAA).

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40922-40923]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R03-OAR-2015-0119; FRL-9930-30-Region 3]


Clean Air Act Title V Operating Permit Program Revision; 
Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a Title 
V Operating Permit Program revision submitted by the Commonwealth of 
Pennsylvania. The revision amends the Title V fee program that funds 
the Pennsylvania Title V Operating Permit Program. EPA is approving 
these revisions to increase Pennsylvania's annual emission fees to $85 
per ton of emissions for emissions from Title V sources of up to 4,000 
tons of each regulated pollutant in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: This final rule is effective on August 13, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0119. 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.

FOR FURTHER INFORMATION CONTACT: Gerallyn Duke (215) 814-2084, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 18, 2015 (80 FR 14037), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA 
proposed approval of the Pennsylvania Title V Operating Program 
revision to increase the annual Title V fees paid by the owners or 
operators of all Title V facilities throughout Pennsylvania, including 
Allegheny and Philadelphia Counties, from $57.50 per ton of regulated 
air pollutant to $85 per ton. The formal Title V Program revision was 
submitted by Pennsylvania on February 11, 2014.
    Under 40 CFR 70.9(a) and (b), an approved state Title V operating 
permits program must require that the owners or operators of part 70 
sources pay annual fees, or the equivalent over some other period, that 
are sufficient to cover the permit program costs and ensure that any 
fee required under 40 CFR 70.9 is used solely for permit program costs. 
Under Pennsylvania's Title V permit emission fee rules at 25 PA Code 
127.705, the annual emission fee for emissions occurring in calendar 
year 2012 was $57.50 per ton of regulated pollutant for emissions of up 
to 4,000 tons of each regulated pollutant. The fee structure has not 
been revised since 1994. As discussed further in our proposed approval 
of Pennsylvania's Title V fee revision on March 18, 2015, Pennsylvania 
has determined that Title V annual emission fee revenues collected are 
no longer sufficient to cover Title V program costs.

II. Summary of Title V Operating Permit Program Revision

    In the February 11, 2014 program revision, Pennsylvania included 
revised 25 PA Code 127.705 which Pennsylvania has amended to increase 
Pennsylvania's annual emission fees. Fees are increased to $85 per ton 
of emissions for emissions from Title V sources of up to 4,000 tons of 
each regulated pollutant. The provisions for increasing the annual 
emissions fees in response to increases in the Consumer Price Index at 
25 PA Code 127.705(d) remain unchanged. The revised fees are designed 
to cover all reasonable costs required to develop and administer the 
Title V program as required by 40 CFR 70.9(a) and (b).

III. Final Action

    EPA is approving the Pennsylvania Title V Operating Program 
revision submitted on February 11, 2014 to increase the annual Title V 
fees paid by the owners or operators of all Title V facilities 
throughout Pennsylvania, including Allegheny and Philadelphia Counties, 
from $57.50 per ton of regulated air pollutant to $85 per ton. The 
revision meets requirements in 40 CFR 70.9.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action merely approves state law as meeting Federal 
requirements and imposes no 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 related to Pennsylvania Title V fees does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), because the program is not approved to 
apply in Indian country located in the state, and EPA notes that it 
will not impose substantial direct costs on tribal governments or 
preempt tribal law.

[[Page 40923]]

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 September 14, 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 related to Pennsylvania Title V fees may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 70

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

    Dated: June 26, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 70 is amended as follows:

PART 70--STATE OPERATING PERMIT PROGRAMS

0
1. The authority citation for part 70 continues to read as follows:

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

0
2. Appendix A to Part 70 is amended by adding paragraph (d) to the 
entry for Pennsylvania to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permit Programs

* * * * *

Pennsylvania

* * * * *
    (d) The Pennsylvania Department of Environmental Protection 
submitted a program revision on February 11, 2014; approval 
effective on July 14, 2015.
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[FR Doc. 2015-16924 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P