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)

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).

[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]


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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.

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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