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)

Page Range		40922-40923
FR Document		2015-16924

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 Issue 134 (Tuesday, July 14, 2015)

[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.
* * * * *
[FR Doc. 2015-16924 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations 40923

B. Submission to Congress and the Appendix A to Part 70—Approval FEDERAL COMMUNICATIONS
Comptroller General Status of State and Local Operating COMMISSION
Permit Programs
The Congressional Review Act, 5 47 CFR Part 54
U.S.C. 801 et seq., as added by the Small * * * * *
Business Regulatory Enforcement [WC Docket Nos. 11–42, 09–197, 10–90; FCC
Pennsylvania 15–71]
Fairness Act of 1996, generally provides
that before a rule may take effect, the * * * * *
(d) The Pennsylvania Department of Lifeline and Link Up Reform and
agency promulgating the rule must
Environmental Protection submitted a Modernization, Telecommunications
submit a rule report, which includes a
program revision on February 11, 2014; Carriers Eligible for Universal Service
copy of the rule, to each House of the
approval effective on July 14, 2015. Support, Connect America Fund
Congress and to the Comptroller General
of the United States. EPA will submit a * * * * * AGENCY: Federal Communications
report containing this action and other [FR Doc. 2015–16924 Filed 7–13–15; 8:45 am] Commission.
required information to the U.S. Senate, BILLING CODE 6560–50–P ACTION: Final rule.
the U.S. House of Representatives, and
the Comptroller General of the United SUMMARY: In this document, the Federal
States prior to publication of the rule in Communications Commission (the
the Federal Register. A major rule DEPARTMENT OF HEALTH AND Commission) seeks to rebuild the
cannot take effect until 60 days after it HUMAN SERVICES current framework of the Lifeline
is published in the Federal Register. program and continue its efforts to
This action is not a ‘‘major rule’’ as Centers for Medicare & Medicaid modernize the Lifeline program so that
defined by 5 U.S.C. 804(2). Services all consumers can utilize advanced
networks.
C. Petitions for Judicial Review
42 CFR Part 480 DATES: This Order on Reconsideration
Under section 307(b)(1) of the CAA, and Second Report and Order is
petitions for judicial review of this Acquisition, Protection, and Disclosure effective August 13, 2015. The
action must be filed in the United States of Quality Improvement Organization amendments to these rules contain
Court of Appeals for the appropriate Information information collection requirements that
circuit by September 14, 2015. Filing a are subject to Paperwork Reduction Act
petition for reconsideration by the CFR Correction
that have not yet been approved by the
Administrator of this final rule does not In Title 42 of the Code of Federal Office of Management and Budget
affect the finality of this action for the Regulations, Parts 480 to 481, revised as (OMB). Upon OMB approval of the
purposes of judicial review nor does it information collection requirements, the
of October 1, 2014, on page 614, in
extend the time within which a petition Commission will publish a document in
§ 480.132, remove paragraphs (b)(1)(i)
for judicial review may be filed, and the Federal Register announcing the
shall not postpone the effectiveness of and (ii).
[FR Doc. 2015–17128 Filed 7–13–15; 8:45 am]
effective date of the regulations.
such rule or action. This action related
FOR FURTHER INFORMATION CONTACT:
to Pennsylvania Title V fees may not be BILLING CODE 1505–01–P
Jonathan Lechter, Wireline Competition
challenged later in proceedings to
Bureau, (202) 418–7400 or TTY: (202)
enforce its requirements. (See section
DEPARTMENT OF HEALTH AND 418–0484.
307(b)(2).)
HUMAN SERVICES SUPPLEMENTARY INFORMATION: This is a
List of Subjects in 40 CFR Part 70 summary of the Commission’s Order on
Administrative practice and Centers for Medicare & Medicaid Reconsideration and Second Report and
procedure, Environmental protection, Services Order (Order on Recon and 2nd R&O)
Air pollution control, Carbon monoxide, in WC Docket Nos. 11–42, 09–197, 10–
Incorporation by reference, 42 CFR Part 482 90; FCC 15–71, adopted on June 18,
Intergovernmental relations, Nitrogen 2015 and released on June 22, 2015. The
dioxide, Ozone, Particulate matter, Conditions of Participation for full text of this document is available for
Reporting and recordkeeping Hospitals public inspection during regular
requirements, Sulfur oxides, Volatile business hours in the FCC Reference
CFR Correction Center, Room CY–A257, 445 12th Street
organic compounds.
SW., Washington, DC 20554 or at the
Dated: June 26, 2015. In Title 42 of the Code of Federal
following Internet address: https://
William C. Early, Regulations, Part 482 to End, revised as
www.fcc.gov/document/fcc-releases-
Acting Regional Administrator, Region III. of October 1, 2014, on page 40, in the lifeline-reform-and-modernization-item.
introductory text of § 482.92, remove the
40 CFR part 70 is amended as follows: term ‘‘recipient’’ and add ‘‘beneficiary’’ I. Introduction
in its place. 1. For nearly 30 years, the Lifeline
PART 70—STATE OPERATING PERMIT
PROGRAMS [FR Doc. 2015–17127 Filed 7–13–15; 8:45 am] program has ensured that qualifying
asabaliauskas on DSK5VPTVN1PROD with RULES

BILLING CODE 1505–01–P low-income Americans have the
■ 1. The authority citation for part 70 opportunities and security that voice
continues to read as follows: service brings, including being able to
find jobs, access health care, and
Authority: 42 U.S.C. 7401 et seq.
connect with family. As the
■ 2. Appendix A to Part 70 is amended Commission explained at the program’s
by adding paragraph (d) to the entry for inception, ‘‘[i]n many cases, particularly
Pennsylvania to read as follows: for the elderly, poor, and disabled, the

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Document Created: 2018-02-23 09:19:24
Document Modified: 2018-02-23 09:19:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on August 13, 2015.
Contact		Gerallyn Duke (215) 814-2084, or by email at [email protected]
FR Citation		80 FR 40922
CFR Associated		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 and Volatile Organic Compounds