Rule2023-16734
Air Plan Approval; Pennsylvania; Revisions To Plan Approval and Operating Permit Fees Rule and Title V Operating Permit Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2023
Effective
September 8, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving both a State implementation plan (SIP) revision and Title V operating permits program revision submitted by the Pennsylvania Departmental of Environmental Protection (PADEP) on behalf of the Commonwealth of Pennsylvania. The SIP revision pertains to Pennsylvania's general provisions regarding air resources, operating permit requirements, and plan approval and operating permit fees. This includes increases to existing plan approval application and operating permit fees. The Title V operating permit program revision amends the Title V operating permit program fee schedules that fund the Pennsylvania Title V operating permit program. EPA is approving these revisions to the Pennsylvania SIP and Title V operating permit program in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 88 Issue 152 (Wednesday, August 9, 2023)</title>
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53802-53806]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16734]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 70
[EPA-R03-OAR-2022-0166; FRL-10673-02-R3]
Air Plan Approval; Pennsylvania; Revisions To Plan Approval and
Operating Permit Fees Rule and Title V Operating Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving both a
State implementation plan (SIP) revision and Title V operating permits
program revision submitted by the Pennsylvania Departmental of
Environmental Protection (PADEP) on behalf of the Commonwealth of
Pennsylvania. The SIP revision pertains to Pennsylvania's general
provisions regarding air resources, operating permit requirements, and
plan approval and operating permit fees. This includes increases to
existing plan approval application and operating permit fees. The Title
V operating permit program revision amends the Title V operating permit
program fee schedules that fund the Pennsylvania Title V operating
permit program. EPA is approving these revisions to the Pennsylvania
SIP and Title V operating permit program in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on September 8, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0166. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information is not publicly available, e.g., 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 through
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, Four Penn Center, 1600 JFK Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is (215) 814-2339. Mr. He can also be
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#cd85a8e394a2a3aab9a4aca38da8bdace3aaa2bb"><span class="__cf_email__" data-cfemail="1159743f487e7f766578707f517461703f767e67">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On March 7, 2023 (88 FR 14104), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM,
EPA proposed approval of both a State implementation plan (SIP)
revision and Title V operating permits program revision. EPA did not
receive any comments.
The formal SIP revision and Title V program revision was submitted
by PADEP on July 20, 2021, with a clarification letter sent on January
3, 2023. The revisions amend 25 Pennsylvania (PA) Code Chapters 121
(relating to general provisions) and 127, Subchapters F and I (relating
to operating permit requirements; and plan approval and operating
permit fees). Pennsylvania indicates that these revisions are necessary
to ensure that fees are sufficient to cover the costs of administering
the plan approval application and operating permit process as required
by section 502(b) of the Clean Air Act (42 U.S.C. 7661a(b)) and section
6.3 of the Air Pollution Control Act (APCA) (35 P.S. section 4006.3).
A. SIP Revision
Section 110(a)(2)(L) of the CAA mandates that SIPs require the
owner or operator of each major stationary source to pay to the
permitting authority a fee sufficient to cover (i) the reasonable costs
of reviewing and acting upon any application for such a permit, and
(ii) if the owner or operator receives a permit for such source, the
reasonable costs of implementing and enforcing the terms and conditions
of any such permit.
The SIP revision approves into Pennsylvania's SIP amended versions
of 25 PA Code Chapters 121 and 127, specifically sections 121.1,
127.424, 127.702 and 127.703. This SIP revision also adds sections
127.465, 127.709 and 127.710. EPA has previously approved Pennsylvania
code Chapter 121 general provisions definitions at 25 PA code 121.1,
Chapter 127 public notice requirement in section 127.424, and
Pennsylvania's plan approval and operating permit fee regulations at 25
PA Code 127.701, 127.702, 127.703 and 127.707, into the Pennsylvania
SIP in accordance with section 110 of the CAA. See 61 FR 39597 (July
30, 1996).
B. Title V Operating Permit Program Revision
EPA granted full approval of the Pennsylvania Title V operating
permits program on July 30, 1996. See 61 FR 39597. Under 40 CFR 70.9(a)
and (b), an approved state Title V operating permit 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. CAA
502(b)(3)(A).
Pennsylvania's initial Title V operating permit emission fee was
established in 1994 at 25 PA Code 127.705 and was last increased in
2014. In a February 11, 2014 Title V operating permit program revision,
Pennsylvania
[[Page 53803]]
revised 25 PA Code 127.705 to increase annual emission fees for Title V
sources, noting that annual emissions fees were no longer sufficient to
cover costs. See 80 FR 40922 (July 14, 2015).
In the July 20, 2021 submission, PADEP indicated that the currently
approved fee structure is insufficient to continue to support the Title
V program, and as a result, PADEP has revised sections 127.704 and
127.705, and has submitted these revisions for EPA action pursuant to
CAA 502(d). EPA is approving these revisions into Pennsylvania's Title
V operating permit program.
II. Summary of SIP Revision and EPA Analysis
A. SIP Revision
PADEP added the definition of ``synthetic minor facility'' in the
definition section 121.1 and corrected a cross-reference error in
public notice section 127.424. PADEP amended section 127.702 that
establishes plan approval fees, and section 127.703 that establishes
operating permit fees under Subchapter F (State Operating Permit
Requirements) for future years in details based on year and permit
categories. The newly added section 127.465 establishes the procedures
the owner or operator of a stationary air contamination source or
facility shall follow to make a significant modification to an
applicable operating permit. New section 127.709 establishes fees for
requests for determination, for whether a plan approval, an operating
permit, or both, are needed for the change to the facility. Section
127.710 establishes application fees for the use of general plan
approvals and general operating permits for stationary or portable
sources.
The revisions to Pennsylvania's SIP satisfy CAA section
110(a)(2)(L), referenced above. The revisions update the Pennsylvania
SIP with current fee schedules and meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
B. Title V Operating Permit Program Revision
The revision to Pennsylvania's Title V program approves PADEP's
amendments to Chapter 127 sections 127.704 and 127.705. Section 127.704
establishes Title V operating permit fees, and section 127.705 requires
the owner or operator of a Title V facility to pay annual Title V
emission fees.
Pennsylvania indicates that these amendments to its Title V
operating permit program ensure that fees will remain sufficient to
cover the costs of administering the plan approval application and
operating permit process as required by section 502(b) of the CAA and
section 6.3 of the APCA.
Based on the 40 CFR part 70 presumptive minimum fee rate from the
October 3, 2022, EPA Office of Air Quality Planning and Standards
memorandum,\1\ the requirements of 40 CFR 70.9(b)(2) and the economic
analysis by PADEP, EPA finds that the July 20, 2021 PADEP submission
has met the requirements of CAA section 502(b)(1)-(10), and is
consistent with applicable EPA requirements in the Title V operating
permit program of the CAA and 40 CFR part 70.
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\1\ <a href="http://www.epa.gov/system/files/documents/2022-09/FEE70_2023.pdf">www.epa.gov/system/files/documents/2022-09/FEE70_2023.pdf</a>.
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III. Final Action
EPA is approving Pennsylvania's July 20, 2021 revision to both the
Pennsylvania SIP and Pennsylvania's approved Title V operating permit
program. The SIP revision is in accordance with requirements in section
110(a)(2)(L) of the CAA and implementing regulations. The Title V
submittal meets the requirements of CAA section 502(d) and implementing
regulations.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the
Pennsylvania Regulation described in the amendments to 25 PA Code 121
and 127, as discussed in section II.A of this rulemaking. EPA has made,
and will continue to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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V. 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). Under the CAA,
the Administrator approves Title V operating permit program revisions
that comply with the Act and applicable Federal Regulations. See 42
U.S.C. 7661a(d). Thus, in reviewing SIP and Title V operating permit
program submissions, EPA's role is to approve state choices, provided
that they meet the criteria of the CAA. 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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
[[Page 53804]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this SIP action. Consideration of EJ is not required as part of this
SIP action, and there is no information in the record inconsistent with
the stated goal of E.O. 12898 of achieving environmental justice for
people of color, low-income populations, and Indigenous peoples.
Additionally, Executive Order 12898 directs Federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
EPA believes that this Title V action does not concern human health
or environmental conditions and therefore cannot be evaluated with
respect to potentially disproportionate and adverse effects on people
of color, low-income populations and/or Indigenous peoples. This Title
V action merely approves into Pennsylvania's part 70 operating permit
program the relevant Pennsylvania regulations for fees that are
required to administer the Title V program in Pennsylvania. Those fees
are already being collected by the State. This Title V action therefore
does not directly address emission limits or otherwise directly affect
any human health or environmental conditions in the commonwealth of
Pennsylvania. In addition, EPA provided meaningful involvement on this
rulemaking through the notice and comment process, which received no
comments, and is in addition to the State-level notice and comment
process held by Pennsylvania.
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 October 10, 2023. 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 approving Pennsylvania SIP and Title V permit program
revisions may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Lead, Nitrogen
dioxide, Operating permits, Ozone, Particulate Matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 70 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)(1) is amended by:
0
a. Revising the entries for ``Section 121.1'' and ``Section 127.424'';
0
b. Adding an entry for ``Section 127.465'' in numerical order;
0
c. Revising the entries for ``Section 127.702'' and ``Section
127.703''; and
0
d. Adding entries for ``Section 127.709'' and ``Section 127.710'' in
numerical order.
The revisions and additions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
[[Page 53805]]
(1) EPA--Approved Pennsylvania Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
Additional
State explanation/ Sec.
State citation Title/subject effective EPA approval date 52.2063
date citation
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Title 25--Environmental Protection Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1....................... Definitions............ 1/16/2021 8/9/2023, [INSERT Added the
FEDERAL REGISTER definition of
CITATION]. ``synthetic
minor facility''
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 127--Construction, Modification, Reactivation, and Operation of Sources
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* * * * * * *
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Subchapter F--Operating Permit Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Review of Applications
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 127.424..................... Public Notice.......... 1/16/2021 8/9/2023, [INSERT Corrected a cross-
FEDERAL REGISTER reference error
CITATION]. in public notice
section
* * * * * * *
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Operating Permit Modifications
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 127.465..................... Significant operating 1/16/2021 8/9/2023, [INSERT Added section
permit modification FEDERAL REGISTER 127.465 to
procedures. CITATION]. establish the
procedures the
owner or
operator of a
stationary air
contamination
source or
facility shall
follow to make a
significant
modification to
an applicable
operating permit
* * * * * * *
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Subchapter I--Plan Approval and Operating Permit Fees
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* * * * * * *
Section 127.702..................... Plan approval fees..... 1/16/2021 8/9/2023, [INSERT Amended section
FEDERAL REGISTER 127.702
CITATION].
Section 127.703..................... Operating permit fees 1/16/2021 8/9/2023, [INSERT Amended section
under subchapter F. FEDERAL REGISTER 127.703
CITATION].
* * * * * * *
Section 127.709..................... Fees for requests for 1/16/2021 8/9/2023, [INSERT Added section
determination. FEDERAL REGISTER 127.709 to
CITATION]. establish fees
for requests for
determination
[[Page 53806]]
Section 127.710..................... Fees for the use of 1/16/2021 8/9/2023, [INSERT Added section
general plan approvals FEDERAL REGISTER 127.710 to
and general operating CITATION]. establish
permits under application fees
Subchapter H.. for the use of
general plan
approvals and
general
operating
permits for
stationary or
portable sources
* * * * * * *
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* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (e) to the
entry for Pennsylvania to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permit Programs
* * * * *
Pennsylvania
* * * * *
(e) The Pennsylvania Department of Environmental Protection
submitted a program revision to amends Chapter 127 sections 127.704
and 127.705 on July 20, 2021; approval effective on August 9, 2023.
* * * * *
[FR Doc. 2023-16734 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P
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