Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules 14037 

and what changes industry members 

would recommend. 

Dated: March 11, 2015. 

Maria Contreras-Sweet, 

Administrator. 

[FR Doc. 2015–06182 Filed 3–17–15; 8:45 am] 

BILLING CODE 8025–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R03–OAR–2015–0119; FRL–9924–56– 

Region 3] 

Clean Air Act Title V Operating Permit 

Program Revision; Pennsylvania 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the Pennsylvania Title V 

Operating Permit Program submitted by 

the Commonwealth of Pennsylvania on 

February 11, 2014. The Pennsylvania 

Operating Permit Program is 

implemented through its Title V 

Operating Permits Rule, codified at 

Subchapter G of Chapter 127 of Title 25 

of the Pennsylvania Code. The February 

11, 2014 revision amends the title V fee 

program that funds the Pennsylvania 

Title V Operating Permit Program. 

These changes resulted in substantial 

revisions to Pennsylvania’s Title V 

Operating Permit Program. EPA is 

proposing to approve these revisions. 

The intended effect of this action is to 

improve the Commonwealth’s title V 

operating permit program. 

DATES: Written comments must be 

received on or before April 17, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2015–0119 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Campbell.Dave@epa.gov. 

C. Mail: EPA–R03–OAR–2015–0119, 

David Campbell, Associate Director, 

Office of Permits and Air Toxics, 

Mailcode 3AP10, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted 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– 

0119. 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 

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 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 Duke.Gerallyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

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 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 

costs. 

Pennsylvania’s initial title V permit 

emission fee, established in 1994 at 25 

PA Code 127.705, was $37 per ton of 

regulated pollutant per title V facility. 

Pennsylvania’s fee has been increased 

each year since 1994 by the percentage, 

if any, by which the Consumer Price 

Index (CPI) for the most recent calendar 

year exceeded the CPI for the previous 

calendar year. Under that regulatory 

framework, 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. 

Pennsylvania has determined that 

title V annual emission fee revenues 

collected are no longer sufficient to 

cover title V program costs. 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 

decreased emission of regulated 

pollutants that are subject to annual 

emission fees, and revenues collected 

have been decreasing as a result. The 

decline in interest rates paid on savings 

account balances used by the 

Commonwealth to manage permit fees 

collected also has affected the funds 

available to Pennsylvania, as the 

investments earn less interest in the 

current economy compared to the early 

years of the title V program. Pursuant to 

40 CFR 70.4(i)(2), when EPA receives a 

title V program revision, EPA will 

publish its proposed approval or 

disapproval in the Federal Register and 

provide opportunity for comment. 

II. Summary of Program Revision 

In the February 11, 2014 program 

revision, Pennsylvania has included 

revised 25 PA Code 127.705 which 

Pennsylvania has amended to increase 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
14038 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules 

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 CPI 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). 

These costs include those for activities 

such as reviewing and processing plan 

approvals 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, 

Pennsylvania anticipates funds will not 

be sufficient to sustain the title V 

permitting program beginning fiscal 

years 2015–2016. If funds become 

insufficient to sustain the title V 

permitting program in Pennsylvania, 

EPA may determine that Pennsylvania 

has not taken ‘‘significant action to 

assure adequate administration and 

enforcement of the Program’’ and take 

subsequent required action under 40 

CFR 70.10(b) and(c) as well as impose 

mandatory and discretionary sanctions 

under the CAA. 

III. EPA Analysis of Program Revision 

The February 11, 2014 Title V 

Operating Permit Program revision 

consists of amendments to 

Pennsylvania’s rules which establish 

annual emission fees under title V of the 

CAA. This rulemaking proposes 

approval of the increase to the annual 

title V fees paid by the owner or 

operator of a title V facility from $57.50 

per ton of regulated air pollutant to $85 

per ton because the revision meets 

requirements in 40 CFR 70.9 for 

sufficient title V fees to cover permit 

program 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 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. 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 

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 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. 

List of Subjects in 40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

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: March 6, 2015. 

William C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2015–06145 Filed 3–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0532, FRL–9924–72– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Alaska 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

and incorporate by reference revisions 

to the Alaska State Implementation Plan 

(SIP) submitted on July 1, 2014 and 

October 24, 2014. These revisions 

primarily update the adoption by 

reference of Federal regulations and 

definitions into the Alaska SIP. The 

revisions also clarify stationary source 

permitting rules governing ownerrequested emission limits and revise the 

SIP to reflect the redesignation of the 

Eagle River area of Anchorage. Upon 

final action, the Alaska SIP will be 

updated to reflect recent Federal 

regulatory changes and actions. 

DATES: Comments must be received on 

or before April 17, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2014–0532, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Mail: Kristin Hall, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

150), 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. 

• Email: R10-Public_Comments@

epa.gov. 

• Hand Delivery: EPA Region 10 

Mailroom, 9th Floor, 1200 Sixth 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS