80 FR 60110 - Clean Air Act Title V Operating Permit Program Revision; West Virginia
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 192 (October 5, 2015)
Federal Register Volume 80, Issue 192 (October 5, 2015)
| Page Range | 60110-60112 | |
| FR Document | 2015-25163 |
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)] [Proposed Rules] [Pages 60110-60112] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25163] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 70 [EPA-R03-OAR-2015-0594; FRL-9935-09-Region 3] Clean Air Act Title V Operating Permit Program Revision; West Virginia AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the West Virginia Title V Operating Permit Program submitted by the State of West Virginia on June 17, 2015. The West Virginia Title V Operating Permit Program is implemented through its ``Requirement for Operating Permits'' rule, codified at Title 45, Series 30 of the West Virginia Code of State Regulations (45CSR30). The June 17, 2015 revision amends West Virginia 45CSR30 to increase the annual Title V operating permit fees collected by the West Virginia Department of Environmental Protection (WVDEP). The Title V Operating Permit fees paid annually by individual Title V operating permit holders are used by the WVDEP to implement and oversee the West Virginia Title V Operating Permit Program. This action is being taken under section 502 of the Clean Air Act (CAA). DATES: Written comments must be received on or before November 4, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2015-0594 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: [email protected]. C. Mail: EPA-R03-OAR-2015-0594, David Campbell, Associate Director, Office of Permits and State Programs, Mailcode 3AP10, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-R03-OAR- 2015-0594. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM [[Page 60111]] you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: Paul Wentworth, (215) 814-2183, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background EPA granted full approval of the West Virginia Title V Operating Permit Program effective November 19, 2001. See 66 FR 50325. Under 40 CFR 70.9(a) and (b), an approved state Title V operating permits program must require that the owners or operators of part 70 sources pay annual fees, or the equivalent over some other period, that are sufficient to cover the permit program costs and ensure that any fee required under 40 CFR 70.9 is used solely for permit program costs. The fee schedule must result in the collection and retention of revenues sufficient to cover the permit program implementation and oversight costs. West Virginia's initial Title V permit emission fee, established in 1994 at 45CSR30.8, was $18 per ton of regulated pollutant as emitted by individual sources subject to the West Virginia Title V Operating Permit Program. Subject sources are not required to pay annual fees for emissions in excess of 4,000 tons per year. West Virginia's fee has been not been increased or adjusted since 1994. West Virginia has determined that its Title V annual emission fee revenues collected are no longer sufficient to cover the cost of implementing and overseeing the West Virginia Title V Operating Permit Program. Installation of air pollution control technology over the past two decades on major stationary sources, the retirement or curtailment of operations by major sources, and the conversion at many major facilities from burning coal or oil to burning natural gas have resulted in significant reductions in the emission of regulated pollutants that are subject to annual emission fees. Thus, the amount of annual Title V Operating Permit fees West Virginia has collected has decreased dramatically. Therefore, West Virginia amended its fee provisions at 45CSR30.8 to increase the annual emission fee from $18 per ton to $25 per ton of regulated pollutant as emitted by individual sources subject to the West Virginia Title V Operating Permit Program. Fees remain capped at 4,000 tons per year from an individual source. West Virginia has submitted this program revision for review and action by EPA. II. Summary of Program Revision In the June 17, 2015 program revision submittal, West Virginia included revisions to 45CSR30.8 which was amended to increase West Virginia's annual emission fees for its Title V Operating Permit Program. Annual fees are increased to $25 per ton of emissions of a regulated pollutant from an individual source subject to the West Virginia Title V Operating Permit Program. The previous rate was $18 per ton of regulated pollutant. Fees are capped at 4,000 tons per year from an individual source. The revised fee rate is designed to cover all reasonable costs required to implement and administer the West Virginia Title V Operating Permit Program as required by 40 CFR 70.9(a) and (b). These costs include those for activities such as: Reviewing and processing preconstruction and operating permits, conducting inspections, responding to complaints and pursuing enforcement actions, emissions and ambient air monitoring, preparing applicable regulations and guidance, modeling, analyses, demonstrations, emission inventories, and tracking emissions. Without this fee increase, West Virginia anticipates funds will not be sufficient to adequately sustain its Title V Operating Permit Program in a manner that is consistent with state and Federal requirements. If funds were to become insufficient to sustain an adequate Title V program in West Virginia, EPA may determine that West Virginia has not taken ``significant action to assure adequate administration and enforcement of the Program'' and take subsequent action as required under 40 CFR 70.10(b) and (c) which could lead to EPA withdrawal of approval of the West Virginia Title V Operating Permit Program. Were that to occur, EPA would have the authority and obligation to implement a Federal Title V operating permit program in West Virginia pursuant to 40 CFR part 71. The withdrawal of program approval could also lead to the imposition of mandatory and discretionary sanctions under the CAA. III. EPA Analysis of Program Revision The June 17, 2015 Title V Operating Permit Program revision consists of amendments to West Virginia's rules which establish annual emission fees under Title V of the CAA. This rulemaking proposes approval of West Virginia's increase of the annual Title V fees paid by the owner or operator of a Title V facility in West Virginia from $18 per ton of regulated air pollutant to $25 per ton because the revision meets requirements in section 502 of the CAA and 40 CFR 70.9 for the collection of sufficient Title V fees to cover permit program implementation and oversight costs. The emission fees apply to emissions up to 4,000 tons of any regulated pollutant. The proposed revision does not establish a fee structure for carbon dioxide or other greenhouse gases (GHGs). EPA's rules do not mandate revisions to state Title V programs to account for GHG emissions. IV. Proposed Action Pursuant to 40 CFR 70.4(i)(2), EPA is proposing to approve a revision to the West Virginia Title V Operating Permit Program submitted on June 17, 2015 to increase the annual Title V fees paid by the owners or operators of all facilities required to obtain an operating permit under the West Virginia Title V Operating Permit Program. The revision meets the relevant requirements of section 502 of the CAA and 40 CFR 70.9. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. V. Statutory and Executive Order Reviews This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office [[Page 60112]] of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed approval of the revision to West Virginia's Title V Operating Permit Program which increases permit fees does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the program is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 70 Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 21, 2015. Shawn M. Garvin, Regional Administrator, Region III. [FR Doc. 2015-25163 Filed 10-2-15; 8:45 am] BILLING CODE 6560-50-P
![60110 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Proposed Rules
ENVIRONMENTAL PROTECTION Section, Air Programs Branch (AR–18J), The June 17, 2015 revision amends West
AGENCY Environmental Protection Agency, Virginia 45CSR30 to increase the annual
Region 5, 77 West Jackson Boulevard, Title V operating permit fees collected
40 CFR Part 52 Chicago, Illinois 60604, (312) 353–8777 by the West Virginia Department of
[EPA–R05–OAR–2015–0008; FRL–9934–10– maietta.anthony@epa.gov. Environmental Protection (WVDEP).
Region 5] SUPPLEMENTARY INFORMATION: In the The Title V Operating Permit fees paid
Final Rules section of this Federal annually by individual Title V operating
Air Plan Approval; Illinois; Volatile Register, EPA is approving the State’s permit holders are used by the WVDEP
Organic Compounds Definition SIP submittal as a direct final rule to implement and oversee the West
without prior proposal because the Virginia Title V Operating Permit
AGENCY: Environmental Protection Program. This action is being taken
Agency (EPA). Agency views this as a noncontroversial
submittal and anticipates no adverse under section 502 of the Clean Air Act
ACTION: Proposed rule. (CAA).
comments. A detailed rationale for the
SUMMARY: Under the Clean Air Act, the approval is set forth in the direct final DATES: Written comments must be
Environmental Protection Agency (EPA) rule. If no adverse comments are received on or before November 4, 2015.
is proposing to approve a revision to the received in response to this rule, no ADDRESSES: Submit your comments,
Illinois State Implementation Plan. The further activity is contemplated. If EPA identified by Docket ID Number EPA–
revision amends the Illinois receives adverse comments, the direct R03–OAR–2015–0594 by one of the
Administrative Code by updating the final rule will be withdrawn and all following methods:
definition of volatile organic material or public comments received will be A. www.regulations.gov. Follow the
volatile organic compounds to exclude addressed in a subsequent final rule on-line instructions for submitting
2,3,3,3-tetrafluoropropene. This revision based on this proposed rule. EPA will comments.
is in response to an EPA rulemaking in not institute a second comment period. B. Email: Campbell.Dave@epa.gov.
2013 which exempted this compound Any parties interested in commenting C. Mail: EPA–R03–OAR–2015–0594,
from the Federal definition of volatile on this action should do so at this time. David Campbell, Associate Director,
organic compounds on the basis that the Please note that if EPA receives adverse Office of Permits and State Programs,
compound makes a negligible comment on an amendment, paragraph, Mailcode 3AP10, U.S. Environmental
contribution to tropospheric ozone or section of this rule and if that Protection Agency, Region III, 1650
formation. provision may be severed from the Arch Street, Philadelphia, Pennsylvania
remainder of the rule, EPA may adopt 19103.
DATES: Comments must be received on as final those provisions of the rule that D. Hand Delivery: At the previously-
or before November 4, 2015. are not the subject of an adverse listed EPA Region III address. Such
ADDRESSES: Submit your comments, comment. For additional information, deliveries are only accepted during the
identified by Docket ID No. EPA–R05– see the direct final rule which is located Docket’s normal hours of operation, and
OAR–2015–0008, by one of the in the Rules section of this Federal special arrangements should be made
following methods: Register. for deliveries of boxed information.
1. www.regulations.gov: Follow the Instructions: Direct your comments to
Dated: September 8, 2015.
on-line instructions for submitting Docket ID No. EPA–R03–OAR–2015–
comments. Susan Hedman,
0594. EPA’s policy is that all comments
2. Email: blakley.pamela@epa.gov. Regional Administrator, Region 5.
received will be included in the public
3. Fax: (312) 692–2450. [FR Doc. 2015–25154 Filed 10–2–15; 8:45 am]
docket without change, and may be
4. Mail: Pamela Blakley, Chief, BILLING CODE 6560–50–P made available online at
Control Strategies Section, Air Programs www.regulations.gov, including any
Branch (AR–18J), U.S. Environmental personal information provided, unless
Protection Agency, 77 West Jackson ENVIRONMENTAL PROTECTION
the comment includes information
Boulevard, Chicago, Illinois 60604. AGENCY
claimed to be Confidential Business
5. Hand Delivery: Pamela Blakley, Information (CBI) or other information
Chief, Control Strategies Section, Air 40 CFR Part 70
whose disclosure is restricted by statute.
Programs Branch (AR–18J), U.S. [EPA–R03–OAR–2015–0594; FRL–9935–09– Do not submit information that you
Environmental Protection Agency, 77 Region 3] consider to be CBI, or otherwise
West Jackson Boulevard, Chicago, protected, through www.regulations.gov
Illinois 60604. Such deliveries are only Clean Air Act Title V Operating Permit
or email. The www.regulations.gov Web
accepted during the Regional Office Program Revision; West Virginia
site is an ‘‘anonymous access’’ system,
normal hours of operation, and special AGENCY: Environmental Protection which means EPA will not know your
arrangements should be made for Agency (EPA). identity or contact information unless
deliveries of boxed information. The you provide it in the body of your
ACTION: Proposed rule.
Regional Office official hours of comment. If you send an email
business are Monday through Friday, SUMMARY: The Environmental Protection comment directly to EPA without going
8:30 a.m. to 4:30 p.m., excluding Agency (EPA) is proposing to approve a through www.regulations.gov, your
Federal holidays. revision to the West Virginia Title V email address will be automatically
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Please see the direct final rule which Operating Permit Program submitted by captured and included as part of the
is located in the Rules section of this the State of West Virginia on June 17, comment that is placed in the public
Federal Register for detailed 2015. The West Virginia Title V docket and made available on the
instructions on how to submit Operating Permit Program is Internet. If you submit an electronic
comments. implemented through its ‘‘Requirement comment, EPA recommends that you
FOR FURTHER INFORMATION CONTACT: for Operating Permits’’ rule, codified at include your name and other contact
Anthony Maietta, Environmental Title 45, Series 30 of the West Virginia information in the body of your
Protection Specialist, Control Strategies Code of State Regulations (45CSR30). comment and with any disk or CD–ROM
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![60112 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Proposed Rules
of Management and Budget under Dated: September 21, 2015. during normal business hours in the
Executive Order 12866 (58 FR 51735, Shawn M. Garvin, FCC Reference Information Center,
October 4, 1993); Regional Administrator, Region III. Portals II, 445 12th Street SW., Room
• Does not impose an information [FR Doc. 2015–25163 Filed 10–2–15; 8:45 am] CY–A257, Washington, DC 20554 or at
collection burden under the provisions BILLING CODE 6560–50–P
the following Internet address: https://
of the Paperwork Reduction Act (44 www.fcc.gov/document/ctia-recon-
U.S.C. 3501 et seq.); petition-extension-order-pn.
1. On June 18, 2015, the Federal
• Is certified as not having a FEDERAL COMMUNICATIONS
Communications Commission adopted
significant economic impact on a COMMISSION an Order on Reconsideration (Order on
substantial number of small entities Reconsideration) in which, among other
under the Regulatory Flexibility Act (5 47 CFR Part 54
matters, the Commission required
U.S.C. 601 et seq.); [WC Docket Nos. 11–42, 09–197 & 10–90; eligible telecommunications carriers
• Does not contain any unfunded DA 15–1036] (ETCs) to retain documentation
mandate or significantly or uniquely demonstrating subscriber eligibility for
Lifeline and Link Up Reform and the Lifeline Program. On August 13,
affect small governments, as described Modernization; Telecommunications
in the Unfunded Mandates Reform Act 2015, CTIA—The Wireless Association
Carriers Eligible for Universal Service (CTIA) filed a Petition for Partial
of 1995 (Pub. L. 104–4); Support; Connect America Fund
• Does not have Federalism Reconsideration of the Commission’s
AGENCY: Federal Communications Order on Reconsideration.
implications as specified in Executive
Commission. 2. On August 26, 2015, a Public
Order 13132 (64 FR 43255, August 10,
ACTION: Petition for reconsideration; Notice was issued announcing that any
1999); oppositions to the CTIA Petition must
reopening of comment periods.
• Is not an economically significant be filed within 15 days of public notice
regulatory action based on health or SUMMARY: In this document, the Federal of the CTIA Petition in the Federal
safety risks subject to Executive Order Communications Commission Register. Additionally, the Public
13045 (62 FR 19885, April 23, 1997); (Commission) reopens the comment Notice announced that any replies to
• Is not a significant regulatory action periods for oppositions and replies to oppositions to the CTIA Petition must
subject to Executive Order 13211 (66 FR oppositions to CTIA—The Wireless be filed within 10 days after the time for
28355, May 22, 2001); Association (CTIA)’s Petition for Partial filing oppositions has expired. On
Reconsideration of the Commission’s September 2, 2015, notice of the CTIA
• Is not subject to requirements of
Order on Reconsideration requiring Petition was published in the Federal
Section 12(d) of the National Register, which established a September
Technology Transfer and Advancement Eligible Telecommunications Carriers
(ETCs) to retain documentation 17, 2015 opposition filing deadline and
Act of 1995 (15 U.S.C. 272 note) because September 28, 2015 reply to opposition
application of those requirements would demonstrating subscriber eligibility for
the Lifeline Program. filing deadline.
be inconsistent with the CAA; and 3. On September 9, 2015, the Center
DATES: The comment periods for the
• Does not provide EPA with the for Democracy & Technology, Free
petition for reconsideration published
discretionary authority to address, as Press, New America Foundation’s Open
on September 2, 2015 (80 FR 53088), are
appropriate, disproportionate human Technology Institute, and Public
reopened. Opposition Filing Deadline is
health or environmental effects, using Knowledge (Requestors) jointly filed a
October 8, 2015. Replies to Opposition
practicable and legally permissible motion to extend the established
Filing Deadline is October 19, 2015.
methods, under Executive Order 12898 opposition filing deadline for the CTIA
ADDRESSES: You may submit Petition by 30 days. In support of their
(59 FR 7629, February 16, 1994).
oppositions, identified by WC Docket motion, the Requestors point out that
In addition, this proposed approval of Nos. 11–42, 09–197 or 10–90, by any of
the revision to West Virginia’s Title V certain of the comments that were
the following methods: recently filed pursuant to the
Operating Permit Program which • Electronic Filers: Comments may be
increases permit fees does not have Commission’s Second Further Notice of
filed electronically using the Internet by Proposed Rulemaking (Second FNPRM)
tribal implications as specified by accessing the ECFS: http://
Executive Order 13175 (65 FR 67249, in the above captioned proceeding
fjallfoss.fcc.gov/ecfs2/. specifically raise issues that are relevant
November 9, 2000), because the program • People with Disabilities: Contact the to the CTIA Petition. The Requestors
is not approved to apply in Indian FCC to request reasonable
country located in the state, and EPA also argue that a 30-day extension is in
accommodations (accessible format the public interest because a number of
notes that it will not impose substantial documents, sign language interpreters,
direct costs on tribal governments or reply comments may be filed on issues
CART, etc.) by email: FCC504@fcc.gov relevant to the CTIA Petition by the
preempt tribal law. or phone: 202–418–0530 or TTY: 202– September 30th deadline. The
List of Subjects in 40 CFR Part 70 418–0432. Requestors also cite the Commission’s
FOR FURTHER INFORMATION CONTACT: recent IT-modernization efforts, which
Environmental protection, Christopher Cook, Wireline Competition made some already-filed comments
Administrative practice and procedure, Bureau at (202) 418–7400 or TTY (202) inaccessible to the public for several
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Air pollution control, Carbon monoxide, 418–0484. days, and intervening holidays as
Incorporation by reference, SUPPLEMENTARY INFORMATION: This is a circumstances that help to justify an
Intergovernmental relations, Lead, synopsis of the Wireline Competition extension in this case.
Nitrogen dioxide, Ozone, Particulate Bureau’s document in WC Docket Nos. 4. The Commission does not routinely
matter, Reporting and recordkeeping 11–42, 09–197 and 10–90; DA 15–1036, grant extensions of time. Here, however,
requirements, Sulfur oxides, Volatile released September 16, 2015. The the Requestors have pointed to a
organic compounds. complete text of these documents are potential relationship between issues
Authority: 42 U.S.C. 7401 et seq. available for inspection and copying addressed in the CTIA Petition and
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Document Created: 2015-12-15 08:53:34
Document Modified: 2015-12-15 08:53:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before November 4, 2015. | |
| Contact | Paul Wentworth, (215) 814-2183, or by email at [email protected] | |
| FR Citation | 80 FR 60110 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; 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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