pennsylvania 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

SECRETARY 

February 5, 2014 

Mr. Shawn Garvin 

Regional Administrator 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street (Mail Code: 3RAOO) 

Philadelphia, PA 19103-2029 

Dear Mr. <;l~o-r- / 

Enclosed for your approval is a revision to Pennsylvania's State Implementation Plan (SIP) and 

to the Title V Program Approval codified in 40 CPR Part 70, Appendix A (relating to approval 

status of state and local operating permits programs) concerning amendments to 25 Pa. Code 

Chapter 127 (relating to construction, modification, reactivation and operation of sources) for the 

implementation of an increased Title V annual emission fee in§ 127.705 (relating to emission 

fees). The Department of Environmental Protection has established a uniform Title V annual 

emission fee across this Commonwealth. The local air pollution control agencies in Allegheny 

and Philadelphia Counties collect the Title V annual emission fee revenue for sources under their 

jurisdictions. Minor clarifying amendments are made to § 127.701 (relating to general 

provisions). This final rulemaking satisfies Federal and State obligations to establish a Title V 

annual emission fee sufficient to cover the reasonable direct and indirect costs of administering 

the operating permit program and other related requirements mandated under Title V of the 

Clean Air Act (CAA) ( 42 U.S.C.A. §§ 7661-76611). 

This SIP revision submission includes one paper copy ofthe final rulemaking notice published in 

the Pennsylvania Bulletin on December 14,2013 (43 Pa.B. 7268), that amends the existing 

Title V annual emission fee requirements, documentation of the public participation process 

including proof of public notice, and the Department's public comment and response document. 

This submission also includes one compact disc of electronic files that are an exact duplicate of 

the paper copy documents, including a copy of the signed transmittal letter. Should you have 

questions regarding this submission, please contact Joyce E. Epps, Director of the Bureau of Air 

Quality, by e-mail atjeepps@pa.gov or by telephone at 717.787.9702. 

Sincerely, 

~dkct E. 

Secretary 

Christopher Abruzzo ~ 

Enclosures 

Rachel Carson State Office Building I P.O. Box 2063 1 Harrisburg, PA 17105-2063 

717.787.2814 www .depweb.state.pa.us 
RULES AND REGULATIONS

Title 25—ENVIRONMENTAL

PROTECTION

ENVIRONMENTAL QUALITY BOARD

[ 25 PA. CODE CH. 127 ]

Air Quality Title V Fee Amendment

The Environmental Quality Board (Board) amends

Chapter 127, Subchapter I (relating to plan approval and

operating permit fees) to read as set forth in Annex A.

This final-form rulemaking satisfies Federal and State

obligations to establish a Title V annual emission fee

sufficient to cover the reasonable direct and indirect costs

of administering the operating permit program and other

related requirements mandated under Title V of the

Clean Air Act (CAA) (42 U.S.C.A. §§ 7661—7661f).

This final-form rulemaking was adopted by the Board

at its meeting of September 17, 2013.

A. Effective Date

This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.

The final-form rulemaking will be submitted to the

United States Environmental Protection Agency (EPA)

upon publication for approval as a revision to the Commonwealth’s State Implementation Plan (SIP) and as an

amendment to the Title V Program Approval codified in

40 CFR Part 70, Appendix A (relating to approval status

of state and local operating permits programs).

B. Contact Persons

For further information, contact Dean Van Orden,

Assistant Director, Bureau of Air Quality, P. O. Box 8468,

Rachel Carson State Office Building, Harrisburg, PA

17105-8468, (717) 783-9264; or Robert ‘‘Bo’’ Reiley, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box

8464, Rachel Carson State Office Building, Harrisburg,

PA 17105-8464, (717) 787-7060. Persons with a disability

may use the Pennsylvania AT&T Relay Service, (800)

654-5984 (TDD users) or (800) 654-5988 (voice users).

This final-form rulemaking is available on the Department of Environmental Protection’s (Department) web

site at www.dep.state.pa.us.

C. Statutory Authority

This final-form rulemaking is authorized under section

6.3 of the Air Pollution Control Act (act) (35 P. S.

§ 4006.3), which grants to the Board the authority to

adopt regulations to establish fees to cover the indirect

and direct costs of administering the air pollution control

program, operating permit program required under Title

V of the CAA, other requirements of the CAA (42

U.S.C.A. §§ 7401—7671q) and the indirect and direct

costs of administering the Small Business Stationary

Source Technical and Environmental Compliance Assistance Program, the Small Business Compliance Advisory

Committee and the Office of Small Business Ombudsman.

D. Background and Purpose

Title V annual emission fees are payable by the owners

and operators of facilities in this Commonwealth that are

classified as major sources of air pollution under section

501 of the CAA (42 U.S.C.A. § 7661) and are subject to

the permitting provisions of Title V of the CAA. Section

502(b) of the CAA (42 U.S.C.A. § 7661a(b)) required the

EPA to adopt rules establishing the minimum elements of

Title V operating permit programs including a requirement that the owner or operator of all sources subject to

the requirements obtain a permit under Title V of the

CAA and pay an annual emission fee to state and local

agencies sufficient to cover all reasonable (direct and

indirect) costs required to develop and administer the

permit program requirements of Title V of the CAA.

On July 30, 1996, the EPA granted full approval of the

Commonwealth’s Title V Operating Permits Program in

accordance with Title V of the CAA and implementing

regulations in 40 CFR Part 70 (relating to state operating

permit programs). See 61 FR 39597 (July 30, 1996).

Under 40 CFR 70.9(a) and (b) (relating to fee determination and certification), the state 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

shall ensure that any fee required by this section will be

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.

In addition to authorizing the establishment of fees

sufficient to cover the permitting program required under

Title V of the CAA, section 6.3(a) of the act also

authorizes the Board to adopt regulations to establish

fees to support the air pollution control program authorized by the act and not covered by fees required under

section 502(b) of the CAA. The emission fees currently

apply to emissions of up to 4,000 tons of any regulated

pollutant. For Title V annual emission fee purposes,

‘‘regulated pollutant,’’ as defined in section 502 of the

CAA and § 127.705(d) (relating to emission fees), means

a volatile organic compound, each pollutant regulated

under sections 111 and 112 of the CAA (42 U.S.C.A.

§§ 7411 and 7412) and each pollutant for which a

National Ambient Air Quality Standard (NAAQS) has

been promulgated, except that carbon monoxide shall be

excluded from this reference.

The final-form rulemaking amends the Title V annual

emission fee requirements in § 127.705. An adequate fee

must result in the collection and retention of revenue

sufficient to cover the costs of administering the air

permit program as required under section 6.3 of the act.

The Department has established a uniform Title V annual emission fee across this Commonwealth. The local

air pollution control agencies in Allegheny and Philadelphia Counties collect the Title V annual emission fee

revenue for sources under their jurisdictions. Minor clarifying amendments are made to § 127.701 (relating to

general provisions).

The final-form amendment to the existing Title V

annual emission fee is designed to cover all reasonable

costs required to develop and administer the Title V

permit requirements. These reasonable costs include the

cost for certain activities related to major facility operations, including the review and processing of plan approvals and operating permits; emissions and ambient air

monitoring; preparing applicable regulations and guidance; modeling, analyses and demonstrations; and preparing emission inventories and tracking emissions. Direct

and indirect program costs include personnel costs, operating expenses such as telecommunications, electricity,

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travel, auto supplies and fuel, and the purchase of fixed

assets such as air samplers and monitoring equipment,

vehicles and trailers.

To meet these obligations, the final-form rulemaking

increases the Title V annual emission fee paid by the

owner or operator of a Title V facility to $85 per ton of

emissions of ‘‘regulated pollutant’’ for emissions of up to

4,000 tons of each regulated pollutant beginning with

emission fees payable by September 1, 2014, for emissions

occurring in calendar year 2013. The initial Title V

annual emission fee, established at 24 Pa.B. 5899 (November 26, 1994), was $37 per ton of regulated pollutant

for emissions of up to 4,000 tons of each regulated

pollutant per Title V facility. As provided in § 127.705(e),

the emission fee imposed under § 127.705(a) has been

increased in each year after November 26, 1994, by the

percentage, if any, by which the Consumer Price Index for

the most recent calendar year exceeds the Consumer

Price Index for the previous calendar year. Under the

existing regulatory framework, the Title V annual emission fee has not been revised since 1994. The current

Title V annual emission fee due September 1, 2013, for

emissions occurring in calendar year 2012 is $57.50 per

ton of regulated pollutant for emissions of up to 4,000

tons of each regulated pollutant. To collect fees sufficient

to cover Title V program costs, the increase to the Title V

annual emission fee is an increase of $27.50 per ton of

emissions of each regulated pollutant from 2013 levels.

Title V annual emission fee revenues collected are no

longer sufficient to cover program costs. Installation of air

pollution control technology over the past 2 decades on

major stationary sources, the retirement or curtailment of

operations by major sources including certain refineries

and coal-fired power plants and the conversion at many

major facilities from burning coal or oil to burning

natural gas has resulted in the decreased emission of

regulated pollutants that are subject to the annual emission fee, and revenues collected have been decreasing as a

result. The increase to the Title V annual emission fee

considers the impact on collected Title V annual emission

fee revenues from the retirement of certain sources and

the announced retirement of sources, including certain

electric generating units. The decline in interest rates

paid on savings account balances has also affected the

funds as the investments earn less interest in the current

economy compared to the early years of the program.

Failure to adjust the emission fee structure to adequately cover program costs may cause significant reductions in the Title V staffing complement, currently 214

positions, and technical services. Reduced staffing will

cause delays in processing and issuing plan approvals for

Title V facilities and Title V operating permits, potentially resulting in delays for industry to implement new

or improved processes and loss of revenue to industry,

loss of jobs for the community and loss of tax revenue for

the Commonwealth. New or modified sources of air

pollution at Title V facilities cannot be constructed without a plan approval. The installation of air pollution

control equipment requires Department approval of a

plan approval application prior to the installation. Further, fewer staff to conduct inspections, respond to complaints and pursue enforcement actions will result in less

oversight of industry compliance or noncompliance and in

reduced protection of the environment and public health

and welfare of the citizens of this Commonwealth.

Decreased revenues will also impact the Commonwealth’s air monitoring network, which provides the data

to substantiate the Commonwealth’s progress in attaining

and maintaining the NAAQS instituted by the EPA under

the CAA. Decreased revenues could also impact the Small

Business Stationary Source Technical and Environmental

Compliance Assistance Program by reducing the amounts

of grants and number of services available to small

businesses. This could potentially lead to fewer viable

small businesses and slow the economic recovery of this

Commonwealth by reducing the numbers of available

jobs. Further, a failure to attain and maintain the

NAAQS and to satisfy the Commonwealth’s obligations

under the CAA could precipitate punitive actions by the

EPA.

In accordance with 40 CFR 70.10(b) and (c) (relating to

Federal oversight and sanctions), the EPA may withdraw

approval of a Title V Permit Program, in whole or in part,

if the EPA finds that a state or local agency has not taken

‘‘significant action to assure adequate administration and

enforcement of the program’’ within 90 days after the

issuance of a notice of deficiency (NOD). The EPA is

authorized to, among other things, withdraw approval of

the program and promulgate a Federal Title V Permit

Program in this Commonwealth that would be administered and enforced by the EPA. In this instance, all Title

V emission fees would be paid to the EPA instead of the

Department. Additionally, mandatory sanctions would be

imposed under section 179 of the CAA (42 U.S.C.A.

§ 7509) if the program deficiency is not corrected within

18 months after the EPA issues the deficiency notice.

These mandatory sanctions include 2-to-1 emission offsets

for the construction of major sources and loss of Federal

highway funds ($1.06 billion in 2012 if not obligated for

projects approved by the Federal Highway Administration). The increase in the Title V annual emission fee

avoids the issuance of a Federal Title V Permit Program

NOD; Federal oversight and mandatory CAA sanctions

would also be avoided. The EPA may also impose discretionary sanctions which would adversely impact Federal

grants awarded under sections 103 and 105 of the CAA

(42 U.S.C.A. §§ 7403 and 7405).

The final-form rulemaking does not establish a fee

structure for carbon dioxide and other greenhouse gases

(GHG) including hydrofluorocarbons, methane, nitrous

oxide, perfluorocarbons and sulfur hexafluoride. On June

3, 2010, the EPA finalized the Prevention of Significant

Deterioration and Title V Greenhouse Gas Tailoring Rule

(Tailoring Rule). See 75 FR 31514 (June 3, 2010). As the

Tailoring Rule relates to the applicability of Title V

annual emission fees for a ‘‘regulated pollutant’’ as defined in section 502 of the CAA, the EPA did not mandate

revisions to state and local Title V programs to account

for these emissions. See 75 FR 31514, 31585. The EPA

reasoned that it would be difficult to apply this fee to

GHGs, based on the large amount of GHG emissions

relative to other pollutants and the need for better data

to establish a GHG-specific fee amount. See 75 FR 31514,

31585. However, the EPA did commit to addressing this

issue in a future rulemaking and to work with states to

develop a workable fee approach. See 75 FR 31514,

31586. The EPA has not yet proposed a fee schedule

under the CAA for GHG emissions. Consequently, the

Board did not impose Title V emission fees for GHG

emissions from stationary sources in this Commonwealth.

The Department consulted with the Air Quality Technical Advisory Committee (AQTAC) in the development of

this final-form rulemaking. At its June 13, 2013, meeting,

the AQTAC concurred with the Department’s recommendation to advance the rulemaking to the Board for

consideration as a final-form rulemaking.

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The Department also conferred with the Citizens Advisory Council concerning the final-form rulemaking on

July 16, 2013, and with the Small Business Compliance

Advisory Committee on July 24, 2013.

E. Summary of the Final-Form Rulemaking and Changes

from Proposed to Final-Form Rulemaking

The Board did not make changes to the rulemaking

from proposed to final-form.

The final-form rulemaking amends § 127.701 to clarify

that fees paid to the Department are deposited into the

Pennsylvania Clean Air Fund. The final-form rulemaking

also retained some additional editorial changes to this

section.

The final-form rulemaking revises § 127.705 to establish a Title V annual emission fee of $85 per ton for

emissions of up to 4,000 tons of regulated pollutant,

beginning with the fees due by September 1, 2014, for

emissions from Title V facilities occurring in the 2013

calendar year.

F. Summary of Comments and Responses

Major comments and responses on the proposed rulemaking

The Board approved publication of the proposed rulemaking at its November 20, 2012, meeting. The proposed

rulemaking was published at 43 Pa.B. 677 (February 2,

2013). Three public hearings were held on March 5, 6,

and 7, 2013, in Pittsburgh, Norristown, and Harrisburg,

PA, respectively. The public comment period closed on

April 8, 2013, for a 66-day public comment period.

Public comments were received from four commentators. The Independent Regulatory Review Commission

(IRRC) also provided comments.

A commentator said that the proposed increase in the

Title V fee shows that the Department has been operating

at a level of insufficient funding. There was a concern

about the Bureau of Air Quality’s ability to purchase air

sampling and monitoring equipment, perform modeling

analysis and add monitors in the Marcellus Shale counties.

The Board disagrees. The significant drop in Title V

revenue that has occurred recently is due to the installation of air pollution control equipment at Title V facilities,

reductions in emissions from Title V facilities and the

closure or deactivation of certain large facilities including

electric generating units. The Department is able to

purchase and operate air monitoring and other equipment

using other funds. The Department has recently installed

a permanent air monitoring site in Bradford County.

Some commentators opposed the proposed increase in

the Title V fee.

The Board understands this resistance. There are both

Federal and State obligations to amend the Title V

emission fee to maintain the Federally-mandated Title V

permitting program. For instance, section 502(b) of the

CAA requires the Department to adopt rules to require

the owners and operators of sources subject to the

requirement to obtain a Title V permit to pay an annual

fee sufficient to cover all reasonable (direct and indirect)

costs required to develop and administer the Title V

permit program requirements. Similarly, section 6.3 of the

act authorizes the establishment of fees sufficient to cover

the indirect and direct costs of administering the air

pollution control plan approval process and operating

permit program required under Title V of the CAA.

A commentator believed that imposing a spike or jolt in

the Title V emissions fee without phasing the increase in

is inappropriate.

The Board did investigate the potential for increasing

the Title V emission fee in phases. However, a phased-in

emission fee increase would not address the projected

deficit in the Clean Air Fund Title V Major Emission

Facilities Account. A deficit of $7.235 million is projected

for the Title V Major Emission Facilities Account by the

end of Fiscal Year (FY) 2015-2016. Funds sufficient to

support the program need to be collected before the fund

is in deficit.

A commentator said that the current and proposed fee

structure assumes that the amount of emissions correlate

directly with the amount of resources needed to administer the Title V program. This is not true, as a smaller but

more complex source may be more demanding of the

Department’s resources.

The Board agrees that the Title V annual emission fee

is directly related to the quantity of emissions of regulated pollutant released from a facility and that a lower

emitting facility may not be paying a fee representative of

the administrative resources dedicated to that lower

emitting facility. However, the Department has stated

that it intends to conduct a comprehensive review of all

air quality fees to develop an equitable and sustainable

fee program. At this time, the Board thinks the most

equitable and feasible approach to this issue is to ensure

that the Title V fee revenues adequately cover the

expense of the program.

A commentator asserted that the fees are substantially

out of line with fees collected in other states with a strong

manufacturing base.

The Board disagrees. The fee is similar to those in

other states and will not place this Commonwealth at a

competitive disadvantage. All states are required under

the CAA to collect Title V annual emission fees and to

adjust the fees annually based on the Consumer Price

Index. Several nearby states have already taken action to

address the issue of declining revenues due to declining

emissions of regulated pollutants. Connecticut, Maryland,

New York and New Jersey no longer limit emission fee

applicability to 4,000 tons per regulated pollutant. In

2013, Connecticut’s Title V emission fee is $301.09 per

ton of regulated pollutant based on an ‘‘Inventory Stabilization Factor,’’ upwards from a fee of $283.46 per ton

imposed in 2012 and with no cap on the amount of

emissions of regulated pollutants subject to this fee. In

2012, New York assessed a Title V annual emission fee

ranging from $45 per ton of regulated pollutant for

emissions of less than 1,000 tons per year to $65 per ton

of regulated pollutant for emissions of more than 5,000

tons per year; the fee is applied to emissions up to 7,000

tons of any regulated pollutant. The New York Title V

emission fee for 2013 has not changed from 2012 levels.

For 2013, New Jersey imposes a Title V annual emission

fee of $112.07 per ton of emissions of regulated pollutant

with no cap on emissions, upwards from $106.67 per ton

in 2012. Maryland’s 2013 Title V fee is $55.70 plus a $200

base fee; Maryland does not have a cap on the amount of

emissions of regulated pollutants subject to the fee. West

Virginia’s 2013 Title V annual emission fee is $31.87 per

ton of emissions of regulated pollutant with a 4,000 ton

cap. Virginia’s 2013 Title V annual emission fee is $58.88

per ton of emissions of regulated pollutant (4,000 ton

cap); further, in 2012 Virginia established additional Title

V facility fees including yearly maintenance fees ranging

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PENNSYLVANIA BULLETIN, VOL. 43, NO. 50, DECEMBER 14, 2013
from $1,500 to $10,000 and Title V Permit application

and Title V Permit renewal fees of $20,000 and $10,000,

respectively.

A commentator recommended that the Board consider a

facility cap as opposed to a fee per pollutant cap.

The Board disagrees. The fee per pollutant cap of 4,000

tons of a regulated pollutant is established in section 6.3

of the act. A revision to the cap would require legislative

action and is beyond the scope of the final-form rulemaking.

The commentator thought that imposing an increase for

the current calendar year is essentially a ‘‘retroactive tax’’

because the regulated community did not have prior

knowledge of the proposal.

The Board disagrees with the assertion that the Title V

annual emission fee is a tax. Neither the Board nor the

Department has the authority to establish taxes. The

General Assembly retains the authority to propose and

pass bills which establish taxes. Moreover, the Department is statutorily mandated under both the act and the

CAA to establish fees to ensure the continued viability of

the air quality program.

The Board first proposed a Title V fee amendment at 39

Pa.B. 6049 (October 17, 2009). While this proposal was

not finalized, the regulated community has been on notice

of the need for additional fees. This final-form rulemaking

was published as proposed in the early part of 2013,

which allowed companies to adequately plan for the

increase based on 2013 emissions. Furthermore, the

emission fees required by this final-form rulemaking are

due on or before September 1 of each year for emissions

from the previous calendar year. Consequently, emissions

for 2013 do not need to be paid until September 1, 2014.

This is not retroactive.

The commentator asserted that the reduction in emissions and the shutdown of sources will reduce the Department’s workload and should reduce the need for additional fees.

The Board disagrees. The announced facility shutdowns

will not reduce the Department’s workload. Proposed

shutdowns in coal-fired power plants are being offset by

the proposed construction of additional natural gas-fired

power plants. To date, there are nine plan approval

applications in various stages of approval with the Department regarding the construction of new natural gasfired power plants. Department air program staff continue to implement the air pollution laws and regulations,

issue plan approvals and operating permits, including

renewals and amendments, conduct facility inspections,

respond to complaints, assess the risks of hazardous air

pollutant emissions and monitor the ambient air in this

Commonwealth. Air program staff operates and maintains a source testing program to ensure compliance with

applicable requirements. Significant staff resources have

been devoted to permitting and inspection of unconventional natural gas development activities. Further, the

Department projects an increased workload due to the

implementation of new or revised Federal regulations.

Implementation of the new and revised Federal permitting rules will require increased numbers of inspections

and permitting actions and outreach to and education of

the impacted industry. These Federal rules may require

promulgation of new or revision to existing State regulations.

The commentator thought that the Board failed to

recognize the inordinate regulatory costs borne by the

manufacturing industry.

The Board disagrees. The Board acknowledges the

number of new or revised regulations that impact manufacturing facilities. However, the CAA and the act require

that a Title V fee structure that is sufficient to cover the

cost of the Title V permitting program be established.

The commentator noted that 40% of the Title V fees

paid in Allegheny County would be paid by one company

and that this is not commensurate with the resources

needed to administer the Title V program.

The Board agrees that the commentator is correct that

the owners or operators, or both, of a few major emitting

facilities will pay a large portion of the Title V emission

fees assessed by the air program. However, the commentator’s facilities are also among the highest emitting

facilities in Allegheny County. The Board agrees that the

fee structure established by the act needs to be reviewed

as part of the analysis of all air quality fees that will be

conducted over the next 2 years. However, at this time,

the most equitable and feasible approach to this issue is

to ensure that the Title V annual emission fee revenues

adequately cover the expense of the program.

A commentator supported the Board’s decision to not

establish a fee structure for carbon dioxide and GHG.

The Board thanks the commentator for the support of

the decision. As stated in the proposed rulemaking, this

final-form rulemaking does not establish a fee structure

for carbon dioxide and other GHG, including hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons

and sulfur hexafluoride. On June 3, 2010, the EPA

finalized the Tailoring Rule. As the Tailoring Rule relates

to the applicability of Title V annual emission fees for a

‘‘regulated pollutant’’ as defined in section 502 of the

CAA, the EPA did not mandate revisions to state and

local Title V programs to account for these emissions. The

EPA reasoned that it would be difficult to apply the Title

V fee to GHG gases, based on the large amount of GHG

emissions relative to other pollutants and the need for

better data to establish a GHG-specific fee amount.

However, the EPA did commit to addressing this issue in

a future rulemaking and to work with states to develop a

workable fee approach. The EPA has not yet proposed a

fee schedule under the CAA for GHG emissions. Consequently, the Board did not propose to impose Title V

emission fees for GHG emissions from stationary sources

in this Commonwealth.

The commentator urged the Board to make any Title V

emission fee increase temporary, because the Title V fee

revenue will return once the economy improves.

The Board disagrees. The reduction in Title V emission

fee revenue is expected to continue to decline due mainly

to the closure of certain large coal-fired electric generating units. As a result, Title V fee revenue is not expected

to return to previous levels once the economy improves.

Therefore, the Title V fee revision must be promulgated

to cover the cost of administering the Title V program.

The commentator questioned why the same numbers of

Department staff are needed for inspections when the

number of Title V facilities is decreasing.

The Board agrees that there has been a reduction in

the number of Title V facilities. However, this reduction

in the number of Title V facilities does not have a direct

impact on the number of inspectors needed. This is

because the inspections have become more complex, takRULES AND REGULATIONS 7271

PENNSYLVANIA BULLETIN, VOL. 43, NO. 50, DECEMBER 14, 2013
ing longer to conduct and to document than inspections

that occurred at the start of the program in the early

1990s.

The commentator requested that the Board consider

delaying implementation of the fee by 1 year or implementing the increase over several years.

The Board analyzed the solvency of the Clean Air Fund

Title V Major Emission Facilities Account and determined

that there will not be sufficient funds to sustain the Title

V permitting program beginning in FY 2015-2016. Failure

to address the Title V revenue shortfall now will result in

a program without sufficient funds to operate. This in

turn will have significant impacts on regulated industry,

including the delay in revising and addressing plan

approvals and operating permits including renewals and

amendments.

A commentator thought that the Board could impose a

fee higher than $85 per ton and still remain below the

level charged by several other states.

The Board agrees that a higher fee could have been

proposed. The Title V fee of $85 per ton of emissions of up

to 4,000 tons of regulated pollutant provides a bridge to

allow additional time for the development of a comprehensive fee structure for the air quality program.

A commentator asked whether the regulation will result in the air quality program operating at a loss again

in just 2 years.

The Board agrees that the increase to the Title V

annual emission fee is not a permanent solution to

funding the air quality program. The current Comparative Financial Statement for the Clean Air Fund shows

that the Title V Major Emission Facilities Account will

have a negative balance at the end of FY 2015-2016. As

noted in the minutes of the November 20, 2012, Board

meeting, the final-form rulemaking provides a ‘‘bridge’’ for

the Department to address its imminent budget needs

while allowing the Department and interested stakeholders sufficient time to examine the most appropriate

means to support the Title V program in the future as

new air pollution control technologies, the abundance of

natural gas and the retirement of coal-fired power plants

continue to reduce emissions of regulated pollutants.

The commentator wanted to know whether the Board

explored offsetting all or a portion of the proposed

increase through cost reductions.

The Board believes that the Department has made

significant cost reductions in the Title V program. The

Department has eliminated or postponed the purchase of

fixed assets. The Department has reallocated program

costs to the Mobile and Area Facilities Account of the

Clean Air Fund when permissible to prolong the solvency

of the Title V Major Emission Facilities Account. For

example, the Department transferred $485,000 of expenditures from the Title V Major Emission Facilities Account to the Mobile and Area Facilities Account of the

Clean Air Fund in FY 2012-2013. These expenditures

included staff training, certain travel expenses, computer

and computer software purchases, health certifications

and certain utility charges. For FY 2013-2014, the Department will transfer $240,000 in operating expenses to

the Mobile and Area Facilities Account of the Clean Air

Fund and reduce computer systems support spending by

$150,000. The Department will continue to look for cost

reductions that can be implemented without negatively

impacting the Title V permitting program.

The commentator asked how the fee increase will affect

employment.

The Board considered whether an increase to the Title

V annual emission fee would put businesses in this

Commonwealth at a competitive disadvantage with comparable businesses in the surrounding states or draw

business and employment opportunities away from this

Commonwealth.

The Board finds that in some cases, this Commonwealth would be very competitive and may be able to

draw new industry on the basis of having a lower Title V

annual emission fee than nearby states.

The commentator wondered whether the Board considered a delay or phase-in of the increase to allow businesses time to accommodate the full impact and whether

it is reasonable to impose the fee increase on emissions

that already occurred in 2013.

The Board did consider a delay and different years for

the implementation of the Title V fee increase. However,

assessing the revised fee on emissions of regulated pollutants occurring in calendar year 2013, due and payable by

September 1, 2014, was chosen due to the projected

budget deficit and anticipated retirement or deactivation

of electric generating units that will have a significant

negative impact on the Title V permitting program.

Because of declining Title V emission fee revenue due to

the installation of air pollution control technology on

stationary sources and the retirement or curtailment of

operations by major sources including coal-fired power

plants, deficits of $7.235 million and $19.406 million in

FYs 2015-2016 and 2016-2017, respectively, are projected

for the Title V Major Facilities Account.

The Board analyzed the solvency of the Clean Air Fund

Title V Major Emission Facilities Account and determined

that there will not be sufficient funds to sustain the Title

V permitting program beginning in FY 2015-2016. Failure

to address the Title V revenue shortfall now will result in

a program without sufficient funds to operate. This will

have significant impacts on industry, including the delay

in revising and addressing plan approvals and operating

permits including renewals and amendments since the

Department will necessarily be forced to reduce staff in

order to balance the budget. There will not be sufficient

staff to conduct facility inspections, respond to complaints, assess the risks of hazardous air pollutant emissions, monitor the ambient air in this Commonwealth and

operate and maintain a source testing program to ensure

compliance with applicable requirements. These factors

could contribute to a loss of employment opportunities

and slow the economic recovery in this Commonwealth.

The Board first proposed a Title V annual emission fee

increase in 2009, thereby providing notice to the affected

owners and operators of Title V facilities of the need to

address the revenue shortfall. Further, payment of the

emission fees for emissions occurring in calendar year

2013 will not be due until September 1, 2014, 19 months

after publication of the proposed rulemaking at 43 Pa.B.

677 to increase to the Title V annual emission fee.

The commentator asked the Board to explain how the

costs imposed by the fee increase are justifiable compared

to the benefits the fees produce.

Retaining sufficient staff (including permitting, monitoring, enforcement, source testing and legal personnel) to

support the Title V permitting program is a critical

component of improving air quality and assuring compliance with the NAAQS. The benefits of attaining and

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maintaining the NAAQS are significant. The EPA has

estimated the monetized health benefits of attaining

ambient air quality standards. For example, the EPA

estimated that the monetized health benefits of attaining

the 8-hour ozone standard of 0.075 ppm range from $8.3

billion to $18 billion on a National basis. See Regulatory

Impact Analysis, Final National Ambient Air Quality

Standard for Ozone, July 2011, http://www.epa.gov/glo/

pdfs/201107_OMBdraft-OzoneRIA.pdf. Prorating that benefit to this Commonwealth, based on population, results

in a public health benefit of $337 million to $732 million.

The projected costs to the regulated industry

Commonwealth-wide in increased fees ranging from

$5,830,000 in FY 2014-2015 to $4,237,000 in FY 2018-

2019 pale by comparison.

The Board is not stating that these estimated monetized health benefits would all be the result of implementing the increase to the Title V annual emission fee,

but the EPA estimates are indicative of the benefits of

attaining the NAAQS. Ensuring that there are sufficient

staff and resources to implement the Title V permitting

program is one part of the overall air quality program to

attain and maintain the NAAQS in this Commonwealth.

Adequate funding will assure the regulated industry that

their plan approval applications and permits will be

reviewed in a timely manner, sustaining their profitable

business and maintaining jobs. Attaining and maintaining public health and welfare goals will attract and retain

residents needed to fill the jobs created by the regulated

industries and small businesses. Maintaining a healthy

environment will benefit the agricultural and tourism

industries, both of which provide many jobs. These situations will increase tax revenues to the Commonwealth.

Implementing the increase to the Title V annual emission fee will assure the residents of this Commonwealth

that the Commonwealth’s air pollution control program is

adequately funded for the next few years. The anticipated

increased revenues will allow the Department and approved local air pollution control agencies to continue

providing adequate oversight of the air pollution sources

in this Commonwealth and take action, when necessary,

to reduce emissions to achieve healthful air quality and

ensure continued protection of the environment and the

public health and welfare of the residents of this Commonwealth.

G. Benefits, Costs and Compliance

Benefits

The increased Title V annual emission fee revenue will

be used to adequately fund the Commonwealth’s air

quality Title V permit programs as authorized by the act.

Without an increase in the annual emission fee, Clean Air

Fund Title V Major Emission Facilities Account deficits of

$7.235 million, $19.406 million, $32.001 million and

$45.028 million are projected for the Department’s Title V

program for FYs 2015-2016, 2016-2017, 2017-2018 and

2018-2019, respectively. Revenue to the Department from

the fee increase will be used solely to address the

projected deficits in the Title V Major Emission Facilities

Account in the Clean Air Fund.

The Title V annual emission fee of $85 per ton for

emissions of up to 4,000 tons of each regulated pollutant

will result in projected increased revenue to the Department of $5.1 million in the Title V Account for FYs

2014-2015 and 2015-2016 and $3.5 million for FYs 2016-

2017, 2017-2018 and 2018-2019 if the fee is imposed

beginning with emissions occurring in calendar year 2013

and payable by September 1, 2014. An increase in the

Title V annual emission fee will provide projected increased emission fee revenue of approximately $570,000

and $167,000 for the approved local air pollution control

agency Title V programs in Allegheny County and Philadelphia County, respectively. The increase in the Title V

annual emission fee will result in a combined projected

increase of revenue to the three agencies of $5.8 million

in FY 2014-2015.

The increase to the Title V annual emission fee will

assure the regulated industry that their plan approval

applications and permits are reviewed in a timely manner, sustaining their business and maintaining jobs.

Adoption of the revised Title V emission fee will ensure

that the Commonwealth’s Title V air pollution control

permit program is adequately funded for the next few

years. The anticipated increased revenue will allow the

Department and approved local air pollution control

agencies to continue providing adequate oversight of the

air pollution sources in this Commonwealth and take

action, when necessary, to further reduce emissions of

regulated pollutants to achieve healthful air quality and

ensure continued protection of the environment and the

public health and welfare of the residents of this Commonwealth.

Compliance costs

The owners and operators of approximately 560 Title V

facilities in this Commonwealth, including facilities in

Allegheny and Philadelphia Counties, will be required to

comply with the revised Title V annual emission fee on

emissions of up to 4,000 tons of each regulated pollutant.

The financial impact on the owners and operators of Title

V facilities regulated by the Department, collectively, will

be additional annual emission fee costs of approximately

$5.1 million per year for FYs 2014-2015 and 2015-2016;

additional annual emission fee costs in FYs 2016-2017,

2017-2018 and 2018-2019 for these owners and operators

are expected to be about $3.5 million per year due to

decreasing amounts of emissions of regulated pollutants

as major sources install additional air pollution controls,

convert to burning natural gas (a cleaner energy source)

instead of coal or oil, or shut down certain facilities. Costs

to the owners and operators of Title V facilities regulated

by the approved local air pollution control agencies are

expected to be about $570,000 and $167,000 in FY

2014-2015 in Allegheny County and Philadelphia County,

respectively. The revised Title V annual emission fee will

result in total projected increased costs of $5.8 million for

the regulated community in Title V emission fee payments to the three agencies in FY 2014-2015.

New legal, accounting or consulting procedures would

not be required.

Compliance Assistance Plan

The Department plans to educate and assist the public

and regulated community in understanding the newly

revised requirements and how to comply with them. This

outreach initiative will be accomplished through the

Department’s ongoing compliance assistance program.

Paperwork requirements

There are not additional paperwork requirements associated with this final-form rulemaking with which the

industry would need to comply.

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PENNSYLVANIA BULLETIN, VOL. 43, NO. 50, DECEMBER 14, 2013
H. Pollution Prevention

The Pollution Prevention Act of 1990 (42 U.S.C.A.

§§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for

achieving state environmental protection goals. The Department encourages pollution prevention, which is the

reduction or elimination of pollution at its source, through

the substitution of environmentally friendly materials,

more efficient use of raw materials and the incorporation

of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with

greater efficiency because they can result in significant

cost savings to facilities that permanently achieve or

move beyond compliance. The anticipated increased revenues will allow the Department and approved local air

pollution control agencies to continue providing adequate

oversight of the air pollution sources in this Commonwealth, sustain the gains made in healthful air quality

and ensure continued protection of the environment and

the public health and welfare of the residents of this

Commonwealth.

I. Sunset Review

These regulations will be reviewed in accordance with

the sunset review schedule published by the Department

to determine whether the regulations effectively fulfill the

goals for which they were intended.

J. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71

P. S. § 745.5(a)), on January 22, 2013, the Department

submitted a copy of the notice of proposed rulemaking,

published at 43 Pa.B. 677, to IRRC and the Chairpersons

of the House and Senate Environmental Resources and

Energy Committees for review and comment.

Under section 5(c) of the Regulatory Review Act, IRRC

and the House and Senate Committees were provided

with copies of the comments received during the public

comment period, as well as other documents when requested. In preparing the final-form rulemaking, the

Department has considered all comments from IRRC, the

House and Senate Committees and the public.

Under section 5.1(j.2) of the Regulatory Review Act (71

P. S. § 745.5a(j.2)), on November 6, 2013, the final-form

rulemaking was deemed approved by the House and

Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 7, 2013, and

approved the final-form rulemaking.

K. Findings

The Board finds that:

(1) Public notice of proposed rulemaking was given

under sections 201 and 202 of the act of July 31, 1968

(P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and

regulations promulgated thereunder, 1 Pa. Code §§ 7.1

and 7.2.

(2) At least a 60-day public comment period was

provided as required by law and all comments were

considered.

(3) This final-form rulemaking does not enlarge the

purpose of the proposed rulemaking published at 43 Pa.B.

677.

(4) These regulations are necessary and appropriate for

administration and enforcement of the authorizing acts

identified in Section C of this preamble.

(5) These regulations are reasonably necessary to cover

the indirect and direct costs of administering the air

pollution control program, operating permit program required under Title V of the CAA, other requirements of

the CAA and the indirect and direct costs of administering the Small Business Stationary Source Technical and

Environmental Compliance Assistance Program, Small

Business Compliance Advisory Committee and Office of

Small Business Ombudsman.

L. Order

The Board, acting under the authorizing statutes,

orders that:

(a) The regulations of the Department, 25 Pa. Code

Chapter 127, are amended by amending §§ 127.701 and

127.705 to read as set forth in Annex A.

(b) The Chairperson of the Board shall submit this

order and Annex A to the Office of General Counsel and

the Office of Attorney General for review and approval as

to legality and form as required by law.

(c) The Chairperson of the Board shall submit this

order and Annex A to IRRC and the Committees as

required by the Regulatory Review Act.

(d) The Chairperson of the Board shall certify this

order and Annex A and deposit them with the Legislative

Reference Bureau as required by law.

(e) This final-form rulemaking will be submitted to the

EPA as an amendment to the Pennsylvania SIP.

(f) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

E. CHRISTOPHER ABRUZZO,

Chairperson

(Editor’s Note: For the text of the order of the Independent Regulatory Review Commission relating to this

document, see 43 Pa.B. 6988 (November 23, 2013).)

Fiscal Note: Fiscal Note 7-478 remains valid for the

final adoption of the subject regulations.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL

PROTECTION

Subpart C. PROTECTION OF NATURAL

RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 127. CONSTRUCTION, MODIFICATION,

REACTIVATION AND OPERATION OF SOURCES

Subchapter I. PLAN APPROVAL AND OPERATING

PERMIT FEES

§ 127.701. General provisions.

(a) This subchapter establishes fees to cover the direct

and indirect costs of administering the air pollution

control planning process, operating permit program required by Title V of the Clean Air Act (42 U.S.C.A.

§§ 7661—7661f), other requirements of the Clean Air Act,

the indirect and direct costs of administering the Small

Business Stationary Source Technical and Environmental

Compliance Assistance Program, Compliance Advisory

Committee and the Office of Small Business Ombudsman

and the costs to support the air pollution control program

authorized by the act.

(b) The fees collected under this subchapter shall be

made payable to the Pennsylvania Clean Air Fund and

deposited into the Clean Air Fund established under

section 9.2 of the act (35 P. S. § 4009.2).

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PENNSYLVANIA BULLETIN, VOL. 43, NO. 50, DECEMBER 14, 2013
(c) Fees collected under this subchapter to implement

the requirements of Title V of the Clean Air Act and the

Small Business Stationary Source Technical and Environmental Compliance Assistance, Compliance Advisory

Committee and the Office of Small Business Ombudsman

shall be made payable to the Pennsylvania Clean Air

Fund and deposited into a restricted revenue account

within the Clean Air Fund.

§ 127.705. Emission fees.

(a) The owner or operator of a Title V facility including

a Title V facility located in Philadelphia County or

Allegheny County, except a facility identified in subparagraph (iv) of the definition of a Title V facility in § 121.1

(relating to definitions), shall pay an annual Title V

emission fee of $85 per ton for each ton of a regulated

pollutant actually emitted from the facility. The owner or

operator will not be required to pay an emission fee for

emissions of more than 4,000 tons of each regulated

pollutant from the facility. The owner or operator of a

Title V facility located in Philadelphia County or Allegheny County shall pay the emission fee to the county

Title V program approved by the Department under

section 12 of the act (35 P. S. § 4012) and § 127.706

(relating to Philadelphia County and Allegheny County

financial assistance).

(b) The emissions fees required by this section shall be

due on or before September 1 of each year for emissions

from the previous calendar year. The fees required by this

section shall be paid for emissions occurring in calendar

year 2013 and for each calendar year thereafter.

(c) As used in this section, the term ‘‘regulated pollutant’’ means a VOC, each pollutant regulated under sections 111 and 112 of the Clean Air Act (42 U.S.C.A.

§§ 7411 and 7412) and each pollutant for which a

National ambient air quality standard has been promulgated, except that carbon monoxide shall be excluded

from this reference.

(d) The emission fee imposed under subsection (a) shall

be increased in each calendar year after December 14,

2013, by the percentage, if any, by which the Consumer

Price Index for the most recent calendar year exceeds the

Consumer Price Index for the previous calendar year. For

purposes of this subsection:

(1) The Consumer Price Index for a calendar year is

the average of the Consumer Price Index for All-Urban

Consumers, published by the United States Department

of Labor, as of the close of the 12-month period ending on

August 31 of each calendar year.

(2) The revision of the Consumer Price Index which is

most consistent with the Consumer Price Index for

calendar year 1989 shall be used.

[Pa.B. Doc. No. 13-2312. Filed for public inspection December 13, 2013, 9:00 a.m.]

BOARD OF COAL MINE SAFETY

[ 25 PA. CODE CH. 208 ]

Maintenance of Incombustible Content of Rock

Dust

The Board of Coal Mine Safety (Board) adds § 208.71

(relating to maintenance of incombustible content of rock

dust). The final-form rulemaking conforms Pennsylvania

regulations to Federal regulations, thereby establishing

that the incombustible content of coal dust, rock dust and

other dust will not be less than 80% in bituminous coal

mines.

This final-form rulemaking was given under Board

order at its meeting of September 17, 2013.

A. Effective Date

This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.

B. Contact Persons

For further information, contact Joe Sbaffoni, Director,

Bureau of Mine Safety, Fayette County Health Center,

100 New Salem Road, Room 167, Uniontown, PA 15401,

(724) 439-7469, jsbaffoni@pa.gov; or Susana Cortina de

Cárdenas, Assistant Counsel, Bureau of Regulatory Counsel, Office of Chief Counsel, Rachel Carson State Office

Building, 9th Floor, P. O. Box 8464, Harrisburg, PA

17105-8464, (717) 787-7060, scortina@pa.gov. Persons

with a disability may use the Pennsylvania AT&T Relay

Service, (800) 654-5984 (TDD users) or (800) 654-5988

(voice users). This final-form rulemaking is available on

the Department of Environmental Protection’s (Department) web site at www.dep.state.pa.us.

C. Statutory Authority

This final-form rulemaking is authorized under sections

106 and 106.1 of the Bituminous Coal Mine Safety Act

(BCMSA) (52 P. S. §§ 690-106 and 690-106.1), which

grant the Board the authority to adopt regulations implementing the BCMSA, including additional safety standards. The Board is authorized to promulgate regulations

that are necessary or appropriate to implement the

BCMSA and to protect the health, safety and welfare of

miners and other individuals in and about mines.

D. Background and Purpose

This final-form rulemaking requires that where rock

dust is to be applied in bituminous underground coal

mines in this Commonwealth, the incombustible content

of the combined coal dust, rock dust and other dust that

is present in a mine’s intake and return airways may not

be less than 80%.

On September 23, 2010, the United States Department

of Labor and the Federal Mine Safety and Health Administration (MSHA) issued an emergency temporary standard (ETS) under section 101(b) of the Federal Mine

Safety and Health Act of 1977 (30 U.S.C.A. § 811(b)) in

response to the grave danger that miners in underground

bituminous coal mines throughout the country face when

accumulations of coal dust are not made inert. See 75 FR

57849 (September 23, 2010). MSHA concluded, from

investigations of mine explosions and other reports, that

immediate action was necessary to protect miners.

The ETS served as an emergency temporary final rule

with immediate effect and provided an opportunity for

notice and comment, after which time a final rule would

be issued. The National Institute for Occupational Safety

and Health (NIOSH) conducted a series of large-scale

dust explosion tests at the NIOSH Lake Lynn Experimental Mine using the dust survey results to determine the

incombustible content necessary to prevent explosion

propagation. Based on the results of this testing, NIOSH

recommended an 80% total incombustible content in both

intake and return airways of bituminous coal mines in

the ETS. In addition, the incombustible content of the

dust shall be increased to 0.4% for each 0.1% of methane

present.

RULES AND REGULATIONS 7275

PENNSYLVANIA BULLETIN, VOL. 43, NO. 50, DECEMBER 14, 2013
PROPOSED RULEMAKINGS

ENVIRONMENTAL

QUALITY BOARD

[ 25 PA. CODE CH. 127 ]

Air Quality Title V Fee Amendment

The Environmental Quality Board (Board) proposes to

amend Chapter 127, Subchapter I (relating to plan

approval and operating permit fees) to read as set forth in

Annex A. This proposed rulemaking satisfies Federal and

State obligations to establish a Title V annual emission

fee sufficient to cover the reasonable direct and indirect

costs of administering the operating permit program and

other related requirements mandated under Title V of the

Clean Air Act (CAA) (42 U.S.C.A. §§ 7661—7661f).

This proposed rulemaking was adopted by the Board at

its meeting of November 20, 2012.

A. Effective Date

This proposed rulemaking will be effective upon finalform publication in the Pennsylvania Bulletin.

The proposed rulemaking will be submitted to the

United States Environmental Protection Agency (EPA)

upon final-form publication for approval as a revision to

the Commonwealth’s State Implementation Plan or as an

amendment to the Title V Program Approval codified in

40 CFR Part 70, Appendix A (relating to approval status

of state and local operating permits programs), as appropriate.

B. Contact Persons

For further information, contact Dean Van Orden,

Assistant Director, Bureau of Air Quality, P. O. Box 8468,

Rachel Carson State Office Building, Harrisburg, PA

17105-8468, (717) 787-9702; or Robert ‘‘Bo’’ Reiley, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box

8464, Rachel Carson State Office Building, Harrisburg,

PA 17105-8464, (717) 787-7060. Information regarding

submitting comments on this proposed rulemaking appears in Section J of this preamble. Persons with a

disability may use the AT&T Relay Service, (800) 654-

5984 (TDD users) or (800) 654-5988 (voice users). This

proposed rulemaking is available electronically on the

Department of Environmental Protection’s (Department)

web site at www.dep.state.pa.us (DEP Search/Keyword:

Public Participation).

C. Statutory Authority

This proposed rulemaking is authorized under section

6.3 of the Air Pollution Control Act (act) (35 P. S.

§ 4006.3), which grants to the Board the authority to

adopt regulations to establish fees to cover the indirect

and direct costs of administering the air pollution control

program, operating permit program required under Title

V of the CAA, other requirements of the CAA (42

U.S.C.A. §§ 7401—7671q) and the indirect and direct

costs of administering the Small Business Stationary

Source Technical and Environmental Compliance Assistance Program, the Small Business Compliance Advisory

Committee and the Office of Small Business Ombudsman.

D. Background and Purpose

Title V annual emission fees are payable by the owners

and operators of facilities in this Commonwealth that are

classified as major sources of air pollution under section

501 of the CAA (42 U.S.C.A. § 7661) and are subject to

the permitting provisions of Title V of the CAA. Section

502(b) of the CAA (42 U.S.C.A. § 7661a(b)) required the

EPA to adopt rules establishing the minimum elements of

Title V operating permit programs including a requirement that the owner or operator of all sources subject to

the requirements obtain a permit under Title V of the

CAA and pay an annual emission fee to state and local

agencies sufficient to cover all reasonable (direct and

indirect) costs required to develop and administer the

permit program requirements of Title V of the CAA.

On July 30, 1996, the EPA granted full approval of the

Commonwealth’s Title V Operating Permits Program in

accordance with Title V of the CAA and implementing

regulations in 40 CFR Part 70 (relating to state operating

permit programs). See 61 FR 39597 (July 30, 1996).

Under 40 CFR 70.9(a) and (b) (relating to fee determination and certification), the state 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

shall ensure that any fee required by this section will be

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.

In addition to authorizing the establishment of fees

sufficient to cover the permitting program required under

Title V of the CAA, section 6.3(a) of the act also

authorizes the Board to adopt regulations to establish

fees to support the air pollution control program authorized by the act and not covered by fees required under

section 502(b) of the CAA. The emission fees currently

apply to emissions of up to 4,000 tons of any regulated

pollutant. For Title V annual emission fee purposes,

‘‘regulated pollutant,’’ as defined in section 502 of the

CAA and § 127.705(d) (relating to emission fees), means

a volatile organic compound, each pollutant regulated

under sections 111 and 112 of the CAA (42 U.S.C.A.

§§ 7411 and 7412) and each pollutant for which a

National Ambient Air Quality Standard (NAAQS) has

been promulgated, except that carbon monoxide shall be

excluded from this reference.

The proposed rulemaking would amend the base Title V

annual emission fee requirements in § 127.705. An adequate fee must result in the collection and retention of

revenue sufficient to cover the costs of administering the

air permit program as required under section 6.3 of the

act. The Department has established a uniform Title V

annual emission fee across this Commonwealth. The local

air pollution control agencies in Allegheny and Philadelphia Counties collect the Title V annual emission fee

revenue for sources under their jurisdictions. Minor clarifying amendments are proposed for § 127.701 (relating to

general provisions).

The proposed amendment to the existing base Title V

annual emission fee is designed to cover all reasonable

costs required to develop and administer the Title V

permit requirements. These reasonable costs include the

cost for certain activities related to major facility operations, including the review and processing of plan approvals and operating permits; emissions and ambient air

monitoring; preparing applicable regulations and guidance; modeling, analyses and demonstrations; and preparing emission inventories and tracking emissions. Direct

and indirect program costs include personnel costs, oper677

PENNSYLVANIA BULLETIN, VOL. 43, NO. 5, FEBRUARY 2, 2013
ating expenses such as telecommunications, electricity,

travel, auto supplies and fuel, and the purchase of fixed

assets such as air samplers and monitoring equipment,

vehicles and trailers.

To meet these obligations, the proposed rulemaking

would increase the base Title V annual emission fee paid

by the owner or operator of a Title V facility to $85 per

ton of ‘‘regulated pollutant’’ for up to 4,000 tons of each

regulated pollutant beginning with emission fees payable

by September 1, 2014, for emissions occurring in calendar

year 2013. The initial base Title V annual emission fee,

established at 24 Pa.B. 5899 (November 26, 1994), was

$37 per ton of regulated pollutant up to 4,000 tons of

each regulated pollutant per Title V facility. As provided

in § 127.705(e), the emission fee imposed under

§ 127.705(a) has been increased in each year after November 26, 1994, by the percentage, if any, by which the

Consumer Price Index for the most recent calendar year

exceeds the Consumer Price Index for the previous calendar year. Under the existing regulatory framework, the

base Title V annual emission fee has not been revised

since 1994. The current Title V annual emission fee due

September 1, 2013, for emissions occurring in calendar

year 2012 is $57.50 per ton of regulated pollutant for up

to 4,000 tons of each regulated pollutant. To collect fees

sufficient to cover Title V program costs, the proposed

increase to the base Title V annual emission fee would be

an increase of $27.50 per ton of each regulated pollutant

from 2013 levels.

The proposed rulemaking does not establish a fee

structure for carbon dioxide and other greenhouse gases

(GHG) including hydrofluorocarbons, methane, nitrous

oxide, perfluorocarbons and sulfur hexafluoride. On June

3, 2010, the EPA finalized the Prevention of Significant

Deterioration and Title V Greenhouse Gas Tailoring Rule

(Tailoring Rule). See 75 FR 31514 (June 3, 2010). As the

Tailoring Rule relates to the applicability of Title V

annual emission fees for a ‘‘regulated pollutant’’ as defined in section 502 of the CAA, the EPA did not mandate

revisions to state and local Title V programs to account

for these emissions. See 75 FR 31514, 31585. The EPA

reasoned that it would be difficult to apply this fee to

GHGs, based on the large amount of GHG emissions

relative to other pollutants and the need for better data

to establish a GHG-specific fee amount. See 75 FR 31514,

31585. However, the EPA did commit to addressing this

issue in a future rulemaking and to work with states to

develop a workable fee approach. See 75 FR 31514,

31586. The EPA has not yet proposed a fee schedule

under the CAA for GHG emissions. Consequently, the

Board is not proposing, at this time, to impose Title V

emission fees for GHG emissions from stationary sources

in this Commonwealth.

Title V annual emission fee revenues collected are no

longer sufficient to cover program costs. Installation of

control technology over the past two decades on major

stationary sources, the retirement or curtailment of operations by major sources including certain refineries and

coal-fired power plants and the conversion at many major

facilities from burning coal or oil to burning natural gas

has resulted in the decreased emission of regulated

pollutants that are subject to the annual emission fee,

and revenues collected have been decreasing as a result.

The proposed increase to the base Title V annual emission fee considers the impact on collected Title V annual

emission fee revenues from the retirement of certain

sources and the announced retirement of sources, including certain electric generating units. The decline in

interest rates paid on savings account balances has also

affected the funds as the investments earn less interest in

the current economy compared to the early years of the

program.

Failure to adjust the emission fee structure to adequately cover program costs may cause significant reductions in the Title V staffing complement and technical

services. Reduced staffing would cause delays in processing and issuing plan approvals for Title V facilities and

Title V operating permits, potentially resulting in delays

for industry to implement new or improved processes and

loss of revenue to industry, loss of jobs for the community

and loss of tax revenue for the Commonwealth. New or

modified sources of air pollution at Title V facilities

cannot be constructed without a plan approval. The

installation of air pollution control equipment requires

Department approval of a plan approval application prior

to the installation. In addition, fewer staff to conduct

inspections, respond to complaints and pursue enforcement actions would result in less oversight of industry

compliance or noncompliance and in reduced protection of

the environment and public health and welfare of the

citizens of this Commonwealth.

Decreased revenues would also impact the Commonwealth’s air monitoring network, which provides the data

to substantiate the Commonwealth’s progress in attaining

and maintaining the NAAQS instituted by the EPA under

the CAA. Decreased revenues could also impact the Small

Business Stationary Source Technical and Environmental

Compliance Assistance Program by reducing the amounts

of grants and number of services available to small

businesses. This could potentially lead to fewer viable

small businesses and slow the economic recovery of this

Commonwealth by reducing the numbers of available

jobs. Further, a failure to attain and maintain the

NAAQS and to satisfy the Commonwealth’s obligations

under the CAA could precipitate punitive actions by the

EPA.

In accordance with 40 CFR 70.10(b) and (c) (relating to

Federal oversight and sanctions), the EPA may withdraw

approval of a Title V Permit Program, in whole or in part,

if the EPA finds that a state or local agency has not taken

‘‘significant action to assure adequate administration and

enforcement of the program’’ within 90 days after the

issuance of a notice of deficiency (NOD). The EPA is

authorized to, among other things, withdraw approval of

the program and promulgate a Federal Title V Permit

Program in this Commonwealth that would be administered and enforced by the EPA. In these instances, all

Title V emission fees would be paid to the EPA instead of

the Department. Additionally, mandatory sanctions would

be imposed under section 179 of the CAA (42 U.S.C.A.

§ 7509) if the program deficiency is not corrected within

18 months after the EPA issues the deficiency notice.

These mandatory sanctions include 2-to-1 emission offsets

for the construction of major sources and loss of Federal

highway funds ($1.06 billion in 2012 if not obligated for

projects approved by the Federal Highway Administration). The increase in the base Title V annual emission

fee avoids the issuance of a Federal Title V Permit

Program NOD; Federal oversight and mandatory CAA

sanctions would also be avoided. The EPA may also

impose discretionary sanctions which would adversely

impact Federal grants awarded under sections 103 and

105 of the CAA (42 U.S.C.A. §§ 7403 and 7405).

The Department consulted with the Air Quality Technical Advisory Committee (AQTAC) in the development of

this proposed rulemaking. At its September 12, 2012,

meeting, the AQTAC concurred with the Department’s

678 PROPOSES RULEMAKINGS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 5, FEBRUARY 2, 2013
recommendation to advance the proposal to the Board for

consideration as proposed rulemaking.

The Department also conferred with the Citizens Advisory Council Air Committee concerning the proposed

rulemaking on October 3, 2012, and with the Small

Business Compliance Advisory Committee on October 24,

2012.

E. Summary of Regulatory Requirements

The proposed rulemaking would amend § 127.701 to

clarify that fees paid to the Department are deposited

into the Pennsylvania Clean Air Fund. The proposed

rulemaking would also make additional editorial changes

to this section.

The proposed rulemaking would amend § 127.705 to

establish a base Title V annual emission fee of $85 per

ton for up to 4,000 tons of regulated pollutant beginning

with the fees due by September 1, 2014, for emissions

from Title V facilities in the 2013 calendar year.

F. Benefits, Costs and Compliance

Benefits

The increased Title V annual emission fee revenue

would be used to adequately fund the Commonwealth’s

air quality Title V permit programs as authorized by the

act. Without an increase in the annual emission fee, Title

V annual emission fee deficits of $6.15 million, $17.295

million and $28.840 million are projected for the Department’s Title V program for Fiscal Years (FY) 2015-2016,

2016-2017 and 2017-2018, respectively. Revenue to the

Department from the fee increase would be used solely to

address the projected deficits in the Title V Major Facilities Account in the Clean Air Fund.

The proposed base Title V annual emission fee of $85

per ton for up to 4,000 tons of each regulated pollutant

would result in projected increased revenue to the Department of $5.3 million in the Title V Account for FYs

2014-2015 and 2015-2016, and $4.6 million for FYs

2016-2017 and 2017-2018, if the fee is imposed beginning

with emissions occurring in calendar year 2013 and

payable by September 1, 2014. An increase in the base

Title V annual emission fee would provide projected

increased emission fee revenue of approximately $581,000

and $176,000 for the Title V programs in Allegheny

County and Philadelphia County, respectively.

The proposed increase to the base Title V annual

emission fee would assure the regulated industry that its

plan approval applications and permits would be reviewed in a timely manner, sustaining its businesses and

maintaining jobs. Adoption of the proposed base Title V

emission fee would ensure that the Commonwealth’s Title

V air pollution control permit programs are adequately

funded for several years. The anticipated increased revenue would allow the Department and county agencies to

continue providing adequate oversight of the air pollution

sources in this Commonwealth and take action, when

necessary, to further reduce emissions of regulated pollutants to achieve healthful air quality and ensure continued protection of the environment and the public health

and welfare of the citizens of this Commonwealth.

Compliance Costs

The owners and operators of approximately 560 Title V

facilities in this Commonwealth, including facilities in

Allegheny and Philadelphia Counties, would be required

to comply with the proposed revised base Title V annual

emission fee on emissions of up to 4,000 tons of each

regulated pollutant. The financial impact on the owners

and operators of Title V facilities regulated by the

Department, collectively, would be additional annual

emission fee costs of approximately $5.3 million per year

for FYs 2014-2015 and 2015-2016; costs in FYs 2016-2017

and 2017-2018 for these owners and operators are expected to be about $4.6 million per year due to decreasing

amounts of emissions of regulated pollutants as major

sources install additional controls, convert to burning

natural gas (a cleaner energy source) instead of coal or

oil, or shut down certain facilities. Costs to the owners

and operators of Title V facilities regulated by the county

agencies are expected to be about $581,000 and $176,000

in FY 2014-2015 in Allegheny County and Philadelphia

County, respectively.

New legal, accounting or consulting procedures would

not be required.

Compliance Assistance Plan

The Department plans to educate and assist the public

and regulated community in understanding the proposed

revised requirements and how to comply with them. This

outreach initiative will be accomplished through the

Department’s ongoing compliance assistance program.

Paperwork Requirements

Additional paperwork requirements are not associated

with this proposed rulemaking.

G. Pollution Prevention

The Pollution Prevention Act of 1990 (42 U.S.C.A.

§§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for

achieving state environmental protection goals. The Department encourages pollution prevention, which is the

reduction or elimination of pollution at its source, through

the substitution of environmentally friendly materials,

more efficient use of raw materials and the incorporation

of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with

greater efficiency because they can result in significant

cost savings to facilities that permanently achieve or

move beyond compliance. The anticipated increased revenues would allow the Department and county agencies

to continue providing adequate oversight of the air pollution sources in this Commonwealth, sustain the gains

made in healthful air quality and ensure continued

protection of the environment and the public health and

welfare of the citizens of this Commonwealth.

H. Sunset Review

This regulation will be reviewed in accordance with the

sunset review schedule published by the Department to

determine whether the regulation effectively fulfills the

goals for which it was intended.

I. Regulatory Review

In accordance with section 5(a) and (f) of the Regulatory Review Act (71 P. S. §§ 745.5(a) and (f)), on January

22, 2013, the Department submitted a copy of this

proposed rulemaking to the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin and to the

Independent Regulatory Review Commission (IRRC). In

accordance with section 5(f) of the Regulatory Review Act,

the Department will submit the proposed regulations and

the required material to the Chairpersons of the House

Environmental Resources and Energy Committee and the

Senate Environmental Resources and Energy Committee

no later than the second Monday after the date by which

both Committee designations have been published in the

Pennsylvania Bulletin. In addition to submitting the

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PENNSYLVANIA BULLETIN, VOL. 43, NO. 5, FEBRUARY 2, 2013
proposed rulemaking, the Department has provided IRRC

and will provide the House and Senate Committees with

a copy of a detailed Regulatory Analysis Form. A copy of

this material is available to the public upon request.

Under section 5(g) of the Regulatory Review Act, IRRC

may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the

close of the public comment period. The comments, recommendations or objections shall specify the regulatory

review criteria which have not been met. The Regulatory

Review Act specifies detailed procedures for review, prior

to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.

J. Public Comments

Written comments—Interested persons are invited to

submit comments, suggestions or objections regarding the

proposed rulemaking to the Environmental Quality

Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th

Floor, 400 Market Street, Harrisburg, PA 17101-2301).

Comments submitted by facsimile will not be accepted.

Comments, suggestions or objections must be received by

the Board by April 8, 2013. Interested persons may also

submit a summary of their comments to the Board. The

summary may not exceed one page in length and must

also be received by April 8, 2013. The one-page summary

will be provided to each member of the Board in the

agenda packet distributed prior to the meeting at which

the final regulation will be considered.

Electronic comments—Comments may be submitted

electronically to the Board at RegComments@pa.gov and

must also be received by the Board by April 8, 2013. A

subject heading of the proposed rulemaking and a return

name and address must be included in each transmission.

If the sender does not receive an acknowledgement of

electronic comments within 2 working days, the comments should be retransmitted to ensure receipt.

K. Public Hearings

The Board will hold three public hearings for the

purpose of accepting comments on this proposed rulemaking. The hearings will be held at 1 p.m. on the

following dates:

March 5, 2013

1 p.m.

Department of Environmental Protection

Southwest Regional Office

Waterfront A Conference Room

400 Waterfront Drive

Pittsburgh, PA 15222-4745

March 6, 2013

1 p.m.

Department of Environmental Protection

Southeast Regional Office

Delaware River Conference Room

2 East Main Street

Norristown, PA 19401

March 7, 2013

1 p.m.

Department of Environmental Protection

Rachel Carson State Office Building

Conference Room 105

400 Market Street

Harrisburg, PA 17105

Persons wishing to present testimony at a hearing are

requested to contact the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-

4526 at least 1 week in advance of the hearing to reserve

a time to present testimony. Oral testimony is limited to

10 minutes for each witness. Witnesses are requested to

submit three written copies of their oral testimony to the

hearing chairperson at the hearing. Organizations are

limited to designating one witness to present testimony

on their behalf at each hearing.

Persons in need of accommodations as provided for in

the Americans with Disabilities Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) or

(800) 654-5988 (voice users) to discuss how the Board

may accommodate their needs.

MICHAEL L. KRANCER,

Chairperson

Fiscal Note: 7-478. No fiscal impact; (8) recommends

adoption.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL

PROTECTION

Subpart C. PROTECTION OF NATURAL

RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 127. CONSTRUCTION, MODIFICATION,

REACTIVATION AND OPERATION OF SOURCES

Subchapter I. PLAN APPROVAL AND OPERATING

PERMIT FEES

§ 127.701. General provisions.

*****

(b) The fees collected under this subchapter shall be

made payable to the Pennsylvania Clean Air Fund

and deposited into the Clean Air Fund established under

section 9.2 of the act (35 P. S. § 4009.2).

(c) Fees collected under this subchapter to implement the requirements of Title V of the Clean Air Act and

the Small Business Stationary Source Technical and

Environmental Compliance Assistance, Compliance Advisory Committee and the Office of Small Business Ombudsman shall be made payable to the Pennsylvania

Clean Air Fund and deposited into a restricted revenue

account within the Clean Air Fund.

§ 127.705. Emission fees.

(a) The owner or operator of a Title V facility including

a Title V [ facilities ] facility located in [ Allegheny

County and ] Philadelphia County or Allegheny

County, except a facility identified in subparagraph (iv)

of the definition of a Title V facility in § 121.1 (relating to

definitions), shall pay an annual Title V emission fee of

[ $37 ] $85 per ton for each ton of a regulated pollutant

actually emitted from the facility. The owner or operator

will not be required to pay an emission fee for emissions

of more than 4,000 tons of each regulated pollutant from

the facility. [ Sources ] The owner or operator of a

Title V facility located in Philadelphia County [ and ] or Allegheny County shall pay the emission fee to the

county Title V program [ if the county Title V program has received approval ] approved by the Department under section 12 of the act (35 P. S. § 4012)

and § 127.706 (relating to Philadelphia County and Allegheny County financial assistance).

(b) [ From November 26, 1994, through 1999, the

owner or operator of a phase I affected unit or an

active substitution unit as defined by Title IV of the

Clean Air Act (42 U.S.C.A. §§ 7641 and 7642) shall

680 PROPOSES RULEMAKINGS

PENNSYLVANIA BULLETIN, VOL. 43, NO. 5, FEBRUARY 2, 2013
pay an annual emission fee of $14 per ton for each

ton of a regulated pollutant actually emitted from

the unit. The owner or operator will not be required to pay an emission fee for emissions of more

than 4,000 tons of each regulated pollutant from the

facility. Sources located in Philadelphia County and

Allegheny County shall pay the emission fee to the

county program if the county Title V program has

received approval under section 12 of the act (35

P. S. § 4012), and § 127.706. Beginning in the year

2000, sources covered by this subsection shall pay

the fees established in subsection (a). The other

provisions of this subsection notwithstanding, the

owner or operator of a phase I affected unit or an

active substitution unit as defined by Title IV of the

Clean Air Act will not be required to pay more than

$148,000 plus the increase established by subsection

(e) for each regulated pollutant emitted from a Title

V facility. Substitution units identified as conditional substitution units by the owner or operator

shall pay the emission fee established by subsection

(a).

(c) ] The emissions fees required by this section shall

be due on or before September 1 of each year for

emissions from the previous calendar year. The fees

required by this section shall be paid for emissions

occurring in calendar year [ 1994 ] 2013 and for each

calendar year thereafter.

[ (d) ] (c) As used in this section, the term ‘‘regulated

pollutant’’ means a VOC, each pollutant regulated under

sections 111 and 112 of the Clean Air Act (42 U.S.C.A.

§§ 7411 and 7412) and each pollutant for which a

National ambient air quality standard has been promulgated, except that carbon monoxide shall be excluded

from this reference.

[ (e) ] (d) The emission fee imposed under subsection

(a) shall be increased in each calendar year after

[ November 26, 1994 ] (Editor’s Note: The

blank refers to the effective date of adoption of this

proposed rulemaking.), by the percentage, if any, by

which the Consumer Price Index for the most recent

calendar year exceeds the Consumer Price Index for the

previous calendar year. For purposes of this subsection:

*****

[Pa.B. Doc. No. 13-179. Filed for public inspection February 1, 2013, 9:00 a.m.]

SUSQUEHANNA RIVER

BASIN COMMISSION

Proposed Rulemaking Action; Public Hearing

The Susquehanna River Basin Commission (SRBC) will

hold a public hearing on a proposed rulemaking action on

February 14, 2013, at the Pennsylvania State Capitol,

Room 8E-B, East Wing, Commonwealth Avenue, Harrisburg, PA 17101, at 3 p.m. The proposed rules would

amend the project review regulations of the SRBC (18

CFR Part 806 (relating to review and approval of

projects)) to include special requirements for withdrawals

from surface water and groundwater sources which, from

the point of taking or point of impact respectively, have a

drainage area of equal to or less than 10 square miles

(headwater area); and to modify provisions relating to the

issuance of emergency certificates by the Executive Director.

More details on the hearing and the proposed rules will

appear in the February 9, 2013, issue of the Pennsylvania

Bulletin. Meanwhile, for more information, contact Richard A. Cairo, General Counsel, (717) 238-0423, Ext. 306,

fax (717) 238-2436, rcairo@srbc.net, or visit the SRBC

web site at www.srbc.net.

PAUL O. SWARTZ,

Executive Director

[Pa.B. Doc. No. 13-180. Filed for public inspection February 1, 2013, 9:00 a.m.]

PROPOSES RULEMAKINGS 681

PENNSYLVANIA BULLETIN, VOL. 43, NO. 5, FEBRUARY 2, 2013
Bureau of Air Quality 

Air Quality Title V Fee Amendment 

25 Pa. Code Chapter 127 

43 Pa.B. 677-681 (February 2, 2013) 

Environmental Quality Board Regulation # 7-478 

(Independent Regulatory Review Commission # 2980) 

Comment and Response Document 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 2 of C # 2980 

18 

Air Quality Title V Fee Amendment Proposed Rulemaking 

On February 2, 2013, the Environmental Quality Board (Board, EQB) published a notice of 

public hearings and comment period for a proposed rulemaking concerning revisions to 25 Pa. 

Code Chapter 127 (relating to construction, modification, reactivation and operation of sources). 

The proposed rulemaking would amend § 127.705 (relating to emission fees) to establish a Title 

V annual emission fee of $85 per ton for up to 4,000 tons of each regulated pollutant per Title V 

facility, beginning with the fees due by September 1, 2014, for emissions from Title V facilities 

in the 2013 calendar year. The initial Title V annual emission fee, established at 24 Pa.B. 5899, 

November 26, 1994, was $37 per ton of regulated pollutant up to 4,000 tons of each regulated 

pollutant per Title V facility. As provided in § 127.705(e), the emission fee imposed under § 

127.705(a) has been increased in each year after November 26, 1994, by the percentage, if any, 

by which the Consumer Price Index for the most recent calendar year exceeds the Consumer 

Price Index for the previous calendar year. Under the existing regulatory framework, the Title V 

annual emission fee has not been revised since 1994. The Title V annual emission fee due 

September 1, 2012, for emissions occurring in calendar year 2011 was $56 per ton of regulated 

pollutant for up to 4,000 tons of each regulated pollutant per Title V facility. 

If the revised Title V annual emission fee for the Air Program is adopted by the Board and 

published as final rulemaking in the Pennsylvania Bulletin, the final-form regulation will be 

submitted to the United States Environmental Protection Agency (EPA) for approval as a 

revision to the Commonwealth’s State Implementation Plan (SIP) or as an amendment to the 

Title V Program Approval codified in 40 CFR Part 70, Appendix A (relating to approval status 

of state and local operating permits programs), as appropriate. 

The proposed rulemaking will be effective upon final-form publication in the Pennsylvania 

Bulletin. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 3 of C # 2980 

18 

Public Comment Period and Public Hearings 

The public comment period opened on February 2, 2013, and closed on April 8, 2013, for a 66-

day public comment period. 

Three public hearings were held on the proposed rulemaking as follows: 

March 5, 2013 Department of Environmental Protection 

1 p.m. Southwest Regional Office 

 Waterfront A Conference Room 

 400 Waterfront Drive 

 Pittsburgh, PA 15222-4745 

March 6, 2013 Department of Environmental Protection 

1 p.m. Southeast Regional Office 

 Delaware River Conference Room 

 2 East Main Street 

 Norristown, PA 19401 

March 7, 2013 Department of Environmental Protection 

1 p.m. Rachel Carson State Office Building 

 Conference Room 105 

 400 Market Street 

 Harrisburg, PA 17105 

This document summarizes the comments received during the public comment period. Each 

public comment is listed with the identifying commentator number for each commentator that 

made the comment. A list of the commentators, including name and affiliation (if any) can be 

found on page 4 of this document. The Board invited each commentator to prepare a one-page 

summary of the commentator’s comments. One one-page summary was submitted to the Board 

for this rulemaking. No testimony was presented at the hearings. The House and Senate 

Environmental Resources and Energy Committees did not submit comments. 

Copies of all comments received are posted on the web site of the Independent Regulatory 

Review Commission (IRRC) at http://www.irrc.state.pa.us. Search by Regulation #7-478 or 

IRRC # 2980. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 4 of C # 2980 

18 

Table of Commentators for the Environmental Quality Board 

Air Quality Title V Emission Fee Amendment Proposed Rulemaking # 7-478 

(IRRC # 2980) 

ID Name/Address One Page 

Summary 

Submitted 

for 

Distribution 

to EQB 

Provided 

Testimony 

Requested 

Copy of 

Final 

Rulemaking 

after EQB 

Action 

1. Emily E. Krafjack 

President 

Connection for Oil, Gas & Environment in 

the Northern Tier, Inc. 

 

2. Keith E. Williams 

Manager Environmental 

Hercules Cement Co., L.P. 

dba Buzzi Unicem USA 

 

3. David W. Hacker 

General Attorney 

US Steel Corporation Law Department 

X 

4. Hon. Greg Vitali 

Representative 

PA House of Representatives 

 

5. David Sumner 

Executive Director 

Independent Regulatory Review Commission 

 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 5 of C # 2980 

18 

General Comments 

1. Comment: The commentators support the proposed fee increase. (1, 4) 

Response: The Department of Environmental Protection (Department, DEP) thanks the 

commentators for their support. 

2. Comment: The commentator believes there is inadequate DEP staffing to ensure compliance 

and to conduct sampling and ambient air monitoring in the Marcellus Shale area. (1) 

Response: This comment is beyond the scope of the rulemaking. Nevertheless, the Department 

believes that there is sufficient staffing to implement the Title V permitting program. Because 

the vast majority of the Marcellus Shale activities are conducted at facilities that are not Title V 

facilities and which pay no Title V emission fees, the Department cannot use Title V funds for 

the purposes recommended by the commentator. 

3. Comment: The proposed increase in the Title V fee shows that the Department has been 

operating at a level of insufficient funding. There is a concern about the Bureau of Air Quality’s 

ability to purchase air sampling and monitoring equipment, perform modeling analysis and add 

monitors in the Marcellus Shale counties. There are no permanent air quality monitoring sites in 

the Marcellus Shale and Northern Tier counties. These areas should be protected. (1) 

Response: The significant drop in Title V revenue that has occurred recently is due to the 

installation of air pollution control equipment at Title V facilities, reductions in emissions from 

Title V facilities, the closure or deactivation of certain large facilities including electric 

generating units and significantly lower emissions from new facilities which are being built. The 

Department is able to purchase and operate air monitoring and other equipment using other funds 

in the Clean Air Fund and federal grant funds. The Department has recently installed a 

permanent air monitoring site in Bradford County. 

4. Comment: The commentators oppose the proposed increase in the Title V fee. (2, 3) 

Response: The Department is obligated to revise the Title V emission fee to maintain the 

federally mandated Title V permitting program. For instance, section 502(b) of the Clean Air 

Act (CAA), 42 U.S.C.A. § 7661a(b), requires the Department to adopt rules to require the 

owners and operators of sources subject to the requirement to obtain a Title V permit to pay an 

annual fee sufficient to cover all reasonable (direct and indirect) costs required to develop and 

administer the Title V permit program requirements. Similarly, section 6.3 of the Air Pollution 

Control Act (APCA), 35 P.S. §4006.3(a), authorizes the establishment of fees sufficient to cover 

the indirect and direct costs of administering the air pollution control plan approval process and 

operating permit program required by Title V of the CAA. 

As part of its evaluation of EPA Region 3’s oversight of Pennsylvania’s Title V Program, the 

EPA Office of Inspector General is currently collecting data regarding the adequacy of 

Pennsylvania’s Title V fee revenue. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 6 of C # 2980 

18 

The EPA could withdraw the Title V program approval granted in July 1996 if funds are not 

sufficient to cover program costs. Withdrawal of the Title V program approval would require the 

EPA to administer and enforce a Federal Title V Program in Pennsylvania; all Title V emission 

fees would be paid to the EPA instead of DEP. A program deficiency would need to be 

corrected within 18 months to avoid mandatory Clean Air Act (CAA) sanctions including 2-to-1 

emission offsets for the construction of major sources and loss of federal highway funds ($1.06 

billion in 2012 if the funds are not obligated for projects by the Federal Highway 

Administration). 

5. Comment: An increase of approximately 50% is unjustified and unreasonable. The 

manufacturing sector continues to slowly recover. An increase in fees could adversely impact 

employment and capital projects. (3) 

Response: The proposed $85 per ton Title V emission fee is 48% higher than the fee assessed in 

2013 for emissions during the 2012 calendar year. This higher fee is necessary to ensure that the 

fees are sufficient to cover the direct and indirect costs of administering the program. The 

number of permitting actions for major facilities is expected to increase due to the 

implementation of additional federal requirements. The Department anticipates an increased 

work load due to the implementation of new or revised federal regulations including, but not 

limited to, the following: 

• Maximum Achievable Control Technology (MACT) standards for boilers 

• MACT for electric generating units 

• MACT for Commercial and Industrial Solid Waste Incinerators 

• MACT for Reciprocating Industrial Combustion Engines 

• Area source MACT standards 

• New Source Performance Standards (NSPS) including for the natural gas industry 

• NSPS for Sewage Sludge Incinerators 

• NSPS for Kraft Pulp and Paper Mills 

• NSPS for Hospital Medical Infectious Waste Incinerators 

• National Ambient Air Quality Standards (NAAQS) for Lead (revised November 12, 

2008, 73 FR 66964) 

• NAAQS for fine Particulate Matter (PM2.5) (revised October 17, 2006, 71 FR 61144) 

• NAAQS for fine Particulate Matter (PM2.5) (revised January 15, 2013, 78 FR 3086) 

• NAAQS for Nitrogen Dioxide (revised February 9, 2010, 75 FR 6474) 

• NAAQS for Ozone (revised March 27, 2008, 73 FR 16436) 

• Title V Permit Renewal 

• Incorporation of new applicable requirements in Title V permits 

• Reasonably Available Control Technology 

The implementation of certain federal rules may require state regulatory action to attain and 

maintain the NAAQS. Implementation of the NAAQS requires development of revisions to the 

SIP, emission inventories, ambient air modeling, inspections of sources, demonstrations to the 

EPA of adequate Department resources to implement the standards and programs, 

demonstrations to the EPA that emissions in Pennsylvania will not contribute significantly or 

interfere with maintenance to downwind nonattainment areas, and revisions to operating permits. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 7 of C # 2980 

18 

The Department has provided the justification needed to support the fee increase. Adequate 

funding will assure the regulated industry that their plan approval applications and permits are 

reviewed in a timely manner, sustaining their profitable business and maintaining jobs. 

Attaining and maintaining public health and welfare goals will attract and retain residents needed 

to fill the jobs created by the regulated industries and small businesses. Maintaining a healthy 

environment will benefit the agricultural and tourism industries, both of which provide many 

jobs. 

The proposed increase to the Title V annual emission fee will assure the residents of this 

Commonwealth that the Commonwealth’s air pollution control program is adequately funded for 

the next few years. The anticipated increased revenues will allow the Department and approved 

local air pollution control agencies to continue providing adequate oversight of the air pollution 

sources in this Commonwealth and take action, when necessary, to reduce emissions to achieve 

healthful air quality and ensure continued protection of the environment and the public health 

and welfare of the residents of this Commonwealth. 

6. Comment: Imposing a spike or jolt in the Title V emissions fee without phasing the increase 

in is inappropriate. (3) 

Response: The Department did investigate the potential for increasing the Title V emission fee 

in phases. However, a phased-in emission fee increase would not address the projected deficit in 

the Clean Air Fund Title V Major Emission Facilities Account. A deficit of $7,235,000 is 

projected for the Title V Major Emission Facilities Account by the end of fiscal year 2015-2016 

if the $85 per ton emission fee is not adopted by the Board and published as final rulemaking in 

the Pennsylvania Bulletin. (The deficit may be greater should natural gas displace additional 

coal-fired electric generation in the next few years.) Funds sufficient to support the program 

need to be collected before the fund is in deficit. As a result, the Board proposed the Title V fee 

amendment of $85 at 43 Pa.B. 677 (February 2, 2013). The Department is also committed to 

reviewing the entire air quality fee structure including application fees for plan approvals and 

operating permits (including Title V operating permits), risk assessments, base fees, etc., to 

assure the adequacy of the fees collected to administer the air program. 

7. Comment: The current and proposed fee structure assumes that the amount of emissions 

correlate directly with the amount of resources needed to administer the Title V program. This is 

not true, as a smaller but more complex source may be more demanding of the Department’s 

resources. (3) 

Response: The Department agrees that the Title V annual emission fee is not directly related to 

the total quantity of emissions released from a facility and that a lower emitting facility may not 

be paying a fee representative of the administrative resources dedicated to that lower emitting 

facility. The Department has stated that it intends to conduct a comprehensive review of all air 

quality fees in order to develop an equitable and sustainable fee program. However, at this time, 

the most equitable and feasible approach to this issue is to ensure that the Title V fee revenues 

adequately cover the expense of the program. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 8 of C # 2980 

18 

8. Comment: The fees are substantially out of line with fees collected in other states with a 

strong manufacturing base. (3) 

Response: The Department disagrees. The proposed fee is similar to those in other states and 

will not place the Commonwealth at a competitive disadvantage. In some cases, the 

Commonwealth will be very competitive and may be able to draw new industry on the basis of 

having a lower Title V annual emission fee than nearby states. This could serve to increase total 

Title V fee revenue if there are more sources subject to the annual emission fee. 

All states are required by the CAA to collect Title V annual emission fees and to adjust the fees 

annually based on the Consumer Price Index. Several nearby states have already taken action to 

address the issue of declining revenues due to declining emissions of regulated pollutants. 

Connecticut, Maryland, New York, and New Jersey no longer limit emission fee applicability to 

4,000 tons per regulated pollutant. In 2013, Connecticut’s Title V emission fee is $301.09 per 

ton of emissions of regulated pollutant based on an “Inventory Stabilization Factor,” upwards 

from a fee of $283.46 per ton imposed in 2012 and with no cap on the amount of emissions of 

regulated pollutants subject to this fee. The Connecticut fee is adjusted periodically to ensure 

that collected Title V annual emission fee revenue is adequate for at least 2 years of permit 

program operating costs. In 2012, New York assessed a Title V annual emission fee ranging 

from $45 per ton of regulated pollutant for emissions of less than 1,000 tons per year to $65 per 

ton of regulated pollutant for emissions of more than 5,000 tons per year; the fee is applied to 

emissions up to 7,000 tons of any regulated pollutant. The New York Title V emission fee for 

2013 has not changed from the 2012 level. For 2013, the state of New Jersey imposes a Title V 

annual emission fee of $112.07 per ton of regulated pollutant with no cap on emissions. 

Maryland’s 2013 Title V fee is $55.70 plus a $200 base fee; Maryland has no cap on the amount 

of emissions of regulated pollutants subject to the fee. West Virginia’s 2013 Title V annual 

emission fee is $31.87 per ton of regulated pollutant with a 4,000 ton cap. Virginia’s 2013 Title 

V annual emission fee is $58.88 per ton of regulated pollutant (4,000 ton cap); further, in 2012 

Virginia established additional Title V facility fees including yearly maintenance fees ranging 

from $1,500 to $10,000 and Title V Permit application and Title V Permit renewal fees of 

$20,000 and $10,000, respectively. 

9. Comment: The commentator recommends that the EQB consider a facility cap as opposed to 

a fee per pollutant cap. (3) 

Response: The fee per pollutant cap of 4,000 tons of any regulated pollutant is established in 

section 502(b) of the CAA and section 6.3 of the APCA. While certain states including 

Connecticut, Maryland, New York, New Jersey, and North Carolina have increased or eliminated 

the fee per pollutant cap for Title V emissions, any revision to the cap in Pennsylvania would 

require legislative action and is beyond the scope of the proposed rulemaking. The Department 

acknowledges that there are alternatives that will be examined as part of the comprehensive fee 

review, but those alternatives must be within the boundaries of the APCA. 

10. Comment: Imposing an increase for the current calendar year is essentially a “retroactive 

tax.” The regulated community did not have prior knowledge of the proposal. (3) 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 9 of C # 2980 

18 

Response: The Department disagrees with the assertion that the Title V annual emission fee is a 

tax. The Department of Environmental Protection does not have the authority to establish taxes. 

The General Assembly retains the authority to propose and pass bills which establish taxes. 

Moreover, the Department is statutorily mandated under both the APCA and CAA to establish 

fees to ensure the continued viability of the air quality program. 

The Board first proposed a Title V fee amendment in 2009 at 39 Pa.B. 6049 (October 17, 2009) 

and adopted the fee in November 2010. However, the final-form regulation was withdrawn by 

the Board in December 2011 from consideration by the IRRC. While the 2009 proposal was not 

finalized, the regulated community has been on notice of the need for additional fees. The 

current proposed fee amendment was available following consideration by the Board in 

November 2012 and subsequent publication in the Pennsylvania Bulletin in February 2013. In 

accordance with applicable law and regulations, the Board provided sufficient notice of the 

proposed fee increase, which allows companies to adequately plan for the increase based on 

2013 emissions. Furthermore, the emission fees required by this amendment are due on or 

before September 1 of each year for emissions from the previous calendar year. Consequently, 

the Title V fee for emissions of regulated pollutants occurring during the 2013 calendar year 

does not need to be paid until September 1, 2014. This is not retroactive. 

11. Comment: The reduction in emissions and the shutdown of sources will reduce the 

Department’s workload and should reduce the need for additional fees. (3) 

Response: The announced facility shutdowns will not reduce the Department’s workload. 

Proposed shutdowns in coal-fired power plants are being offset by the proposed construction of 

additional natural gas-fired power plants. To date there are nine plan approval applications in 

various stages of approval with the Department related to the construction of new natural gasfired power plants. The DEP air program staff must continue to implement the air pollution laws 

and regulations, issue plan approvals and operating permits including renewals and amendments, 

conduct facility inspections, respond to complaints, assess the risks of hazardous air pollutant 

emissions, and monitor the ambient air in the Commonwealth. Air program staff operate and 

maintain a source testing program to ensure compliance with applicable requirements. 

Significant staff resources have been devoted to permitting and inspection of unconventional 

natural gas development activities. Further, the Department projects an increased workload due 

to the implementation of new or revised federal regulations including, but not limited to, the 

following: 

• Maximum Achievable Control Technology (MACT) standards for boilers 

• MACT for electric generating units 

• MACT for Commercial and Industrial Solid Waste Incinerators 

• MACT for Reciprocating Industrial Combustion Engines 

• Area source MACT standards 

• New Source Performance Standards (NSPS) including for the natural gas industry 

• NSPS for Sewage Sludge Incinerators 

• NSPS for Kraft Pulp and Paper Mills 

• NSPS for Hospital Medical Infectious Waste Incinerators 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 10 of C # 2980 

18 

• National Ambient Air Quality Standards (NAAQS) for Lead (revised November 12, 

2008, 73 FR 66964) 

• NAAQS for fine Particulate Matter (PM2.5) (revised October 17, 2006, 71 FR 61144) 

• NAAQS for fine Particulate Matter (PM2.5) (revised January 15, 2013, 78 FR 3086) 

• NAAQS for Nitrogen Dioxide (revised February 9, 2010, 75 FR 6474) 

• NAAQS for Ozone (revised March 27, 2008, 73 FR 16436) 

• Title V Permit Renewal 

• Incorporation of new applicable requirements in Title V permits 

• Reasonably Available Control Technology 

Implementation of the new and revised federal permitting rules (MACT and NSPS) will require 

increased numbers of inspections and permitting actions and outreach to and education of the 

impacted industry. These federal rules may require promulgation of new or revision to existing 

state regulations. Implementation of the revised NAAQS requires development of revised 

attainment and maintenance SIPs, emission inventories, ambient air modeling, inspections of 

affected facilities and sources, demonstrations to the EPA of adequate Department resources to 

implement the standards and programs, demonstrations to the EPA that emissions in 

Pennsylvania will not contribute significantly to or interfere with maintenance to downwind 

nonattainment areas, and may require adoption of new or amendments to existing state 

regulations and revisions to operating permits. The revisions to the various NAAQS also, in 

some cases, require the installation of additional ambient air monitors to the existing monitoring 

network. Implementation of these new federal regulations and revised NAAQS and the 

necessary infrastructure will require significant education of and outreach to the impacted 

industries and the public. 

12. Comment: The EQB and Department fail to recognize the inordinate regulatory costs borne 

by the manufacturing industry. The number of significant federal and state rulemakings has 

resulted in significant costs to the regulated community. The analysis done to support the Title 

V emission fee increase does not include the impact of these other regulations on industry. (3) 

Response: The Department acknowledges the number of new or revised regulations that impact 

manufacturing facilities. However, the CAA and APCA require the Department to establish a 

Title V fee structure that is sufficient to cover the cost of the Title V permitting program. 

13. Comment: The resources needed to issue renewed Title V permits and to administer the 

program are less than the resources needed to issue new Title V permits. The EQB analysis does 

not address the reduction of resources needed to implement the program. (3) 

Response: The issuance of a renewed Title V permit is not a simple matter. As stated in the 

commentator’s letter, there have been a significant number of regulatory changes on the federal 

and state levels that must be reviewed and analyzed for applicability to and compliance for each 

Title V permit application. See Response to Comment 11. 

14. Comment: The majority of the proposed increase of fees would inequitably be absorbed by 

a few manufacturing facilities and is not commensurate with DEP’s resources needed to 

administer the program. The commentator notes that 40% of the Title V fees paid in Allegheny 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 11 of C # 2980 

18 

County would be paid by one company. This is not commensurate with the resources needed to 

administer the Title V program. (3) 

Response: The commentator is correct that the owners/operators of a few major emitting 

facilities will pay a large portion of the Title V emission fees assessed by the air program. 

However, the commentator’s facilities are also among the highest emitting facilities in Allegheny 

County. One of the facilities is located in an area that does not attain the 1-hour PM2.5 healthbased NAAQS. The monitor in this nonattainment area measures ambient levels of fine 

particulates that are the second highest in the nation. Consequently, the regulatory agencies do 

focus significant resources to these facilities. The Department agrees that the fee structure 

established by the APCA needs to be reviewed as part of the analysis of all air quality fees that 

will be conducted over the next 2 years. However, at this time, the most equitable and feasible 

approach to this issue is to ensure that the Title V annual emission fee revenues adequately cover 

the expense of the program until a revised fees structure can be finalized. 

15. Comment: The proposed Title V emission fee increase would be a disincentive to build or 

expand a significant manufacturing facility in Pennsylvania. (3) 

Response: The Department disagrees that the proposed increase to the Title V annual emission 

fee would be, by itself, a disincentive to build or expand significant manufacturing facilities in 

Pennsylvania. Owners or operators of major manufacturing facilities are considering locating in 

Pennsylvania. The decision by a business owner/operator to locate in this Commonwealth 

considers many factors, including available labor, taxes, access to resources and transportation, 

and location of the target market, when making the decision about whether to locate in the 

Commonwealth. Moreover, the fee increase is in line with or less than recent increases 

implemented by certain states. See Response to Comment 8. 

16. Comment: The commentator supports the Department’s decision to not establish a fee 

structure for carbon dioxide and greenhouse gases. (2) 

Response: The Department thanks the commentator for their support of the decision. As stated 

in the Pennsylvania Bulletin proposed rulemaking notice, the proposed rulemaking does not 

establish a fee structure for carbon dioxide and other greenhouse gases (GHG) including 

hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride. On June 

3, 2010, the EPA finalized the Prevention of Significant Deterioration and Title V Greenhouse 

Gas Tailoring Rule (Tailoring Rule). See 75 FR 31514 (June 3, 2010). As the Tailoring Rule 

relates to the applicability of Title V annual emission fees for a ''regulated pollutant'' as defined 

in section 502 of the CAA, the EPA did not mandate revisions to state and local Title V 

programs to account for these emissions. The EPA reasoned that it would be difficult to apply 

the Title V fee to GHG gases, based on the large amount of GHG emissions relative to other 

pollutants and the need for better data to establish a GHG-specific fee amount. However, the 

EPA did commit to addressing this issue in a future rulemaking and to work with states to 

develop a workable fee approach. The EPA has not yet proposed a fee schedule under the CAA 

for GHG emissions. Consequently, the Board did not propose to impose Title V emission fees 

for GHG emissions from stationary sources in this Commonwealth. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 12 of C # 2980 

18 

17. Comment: The commentator urges the EQB to make any Title V emission fee increase 

temporary. The commentator notes that the economy fluctuates and the ongoing recession is 

expected to be temporary in nature. The Title V fee revenue will return once the economy 

improves. (2) 

Response: The Department agrees that the economy fluctuates and that the recession is 

expected to be temporary in nature. However, the reduction in Title V emission fee revenue is 

expected to continue to decline due mainly to the closure of certain large coal-fired electric 

generating units and the replacement of these facilities with lower emitting natural gas-fired 

power plants. As a result, Title V fee revenue is not expected to return to previous levels once 

the economy improves. Therefore, the proposed Title V fee revision must be promulgated to 

cover the cost of administering the Title V program. The Department did state at the November 

20, 2012, EQB meeting that a Title V program supported solely by emission fees may not be the 

most appropriate approach to ensure the future viability of the program. The fundamental issues 

associated with the rulemaking are that the Department is required to assess fees to cover the 

costs associated with the Title V program and that the Department is facing imminent Title V 

program budget deficits. The rulemaking provides a “bridge” for the Department to address its 

imminent budget needs while allowing the Department and interested stakeholders sufficient 

time to examine the most appropriate means to support the Title V program in the future as new 

air pollution control technologies, the abundance of natural gas, and the retirement of coal-fired 

power plants continue to reduce emissions of regulated pollutants. 

18. Comment: The commentator questions why the same numbers of Department staff are 

needed for inspections when the number of Title V facilities is decreasing. The commentator 

disagrees with the assumption that fewer inspectors equates to less environmental protection. (2) 

Response: The Department agrees that there has been a reduction in the number of Title V 

facilities. However, this reduction in the number of Title V facilities does not have a direct 

impact on the number of inspectors needed. This is because the inspections have become more 

complex, taking longer to conduct and to document than inspections that occurred at the start of 

the program in the early 1990s. As stated in the response to comment 13, the number and 

complexity of regulations have increased, thereby increasing the staff time needed to inspect 

Title V facilities and assist owners/operators with compliance questions. 

19. Comment: The commentator states that the increase in Title V emission fees would slow 

the economic recovery and would have an impact on small businesses that provide services to 

the major Title V facilities. The payment of the increased Title V emission fees may result in 

less employment of citizens of the Commonwealth. The commentator requests that the EQB 

consider delaying implementation of the fee by 1 year or implementing the increase over several 

years. (2) 

Response: The Department has analyzed the solvency of the Clean Air Fund Title V Major 

Emission Facilities Account and determined that there will not be sufficient funds to sustain the 

Title V permitting program beginning in fiscal year 2015-2016. Failure to address the Title V 

revenue shortfall now will result in a program without sufficient funds to operate. This in turn 

will have significant impacts on regulated industry, including the delay in revising and 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 13 of C # 2980 

18 

addressing plan approvals and operating permits including renewals and amendments. There 

will not be sufficient staff to conduct facility inspections, respond to complaints, assess the risks 

of hazardous air pollutant emissions, monitor the ambient air in the Commonwealth, and operate 

and maintain a source testing program to ensure compliance with applicable requirements. All 

of these factors could contribute to a loss of employment opportunities and slow the economic 

recovery in this Commonwealth. The Board first proposed a Title V annual emission fee 

increase in 2009, thereby providing notice to the affected owners/operators of Title V facilities of 

the need to address the revenue shortfall. Further, payment of the emission fees for emissions 

occurring in calendar year 2013 will not be due until September 1, 2014, 19 months after 

publication of the rulemaking notice on February 2, 2013, proposing the increase in the Title V 

annual emission fee to $85 per ton of emissions of any regulated pollutant up to 4,000 tons of 

emissions of regulated pollutant. 

20. Comment: Failure to cover the Title V program costs will have several negative 

consequences, the most notable being significant staffing reductions, which would cause delays 

in processing and issuing plan approvals, fewer inspections and enforcement actions, and slower 

complaint response. Inadequate funding will impact the air monitoring network and could 

impact the Small Business Compliance program. (4) 

Response: The Department agrees with the comment. Failure to adequately fund the Title V 

program will result in loss of program staff and cause the impacts stated by the commentator. 

These potential consequences are the primary reason for this rulemaking. 

21. Comment: The EQB should impose an emission fee that will adequately cover costs 

associated with administering the air program. The EQB could impose a fee higher than $85 per 

ton and still remain below the level charged by several other states. (4) 

Response: The Department agrees that a higher fee could have been proposed. The Department 

has stated that the proposed revision to the Title V annual emission fee will provide a “bridge” to 

allow additional time for the Department to develop a comprehensive fee structure for the air 

quality program. To only rely upon a higher emission fee in the future will result in a relatively 

small number of sources paying the majority of the fees which, from a practical standpoint, is 

forcing those facilities to subsidize the other facilities. 

22. Comment: Another option for increasing revenue to the Title V program is to either raise 

or eliminate the 4,000 ton cap. (4) 

Response: The Department agrees. The recommendation to raise or eliminate the 4,000 ton cap 

would increase Title V revenue. This approach has been enacted in a number of states including 

Connecticut, Maryland, New York, New Jersey, and North Carolina. However, the cap is 

established in section 6.3 of the APCA. A revision to the cap would require legislative action 

and is beyond the scope of the proposed rulemaking. 

23. Comment: An option to cover Title V program costs would be to increase permit and 

administration fees in addition to the proposed increase in the Title V annual emission fee. (4) 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 14 of C # 2980 

18 

Response: The Department will conduct a comprehensive evaluation of the air quality funding 

to determine the best long-term option for supporting the program. The evaluation will look at 

all options including increasing permit and administration fees. 

24. Comment: IRRC requests the EQB explain whether the proposed increase is only a 

temporary solution. Will the regulation result in the air quality program operating at a loss again 

in just 2 years? (5) 

Response: The Department affirms that the proposed increase to the Title V annual emission fee 

is not a permanent solution to funding the air quality program. The current Comparative 

Financial Statement for the Clean Air Fund shows that the Title V Major Emission Facilities 

Account will have a negative balance at the end of fiscal year 2015-2016. As noted in the 

minutes of the November 20, 2012, EQB meeting, the rulemaking provides a “bridge” for the 

Department to address its imminent budget needs while allowing the Department and interested 

stakeholders sufficient time to examine the most appropriate means to support the Title V 

program in the future as new air pollution control technologies, the abundance of natural gas, and 

the retirement of coal-fired power plants continue to reduce emissions of regulated pollutants. 

25. Comment: IRRC questions whether the 4,000 ton cap should be maintained in its current 

form. (5) 

Response: As stated in the response to comment 22, the cap is established in section 6.3 of the 

APCA and section 502 of the CAA. A revision to the cap would require legislative action. The 

Department agrees that a revision to the cap is an option that should be reviewed in the program 

reanalysis. However, the Board cannot revise the cap through a regulatory revision. A revision 

to the cap can only be accomplished through legislative action by the General Assembly. 

26. Comment: IRRC questions why the reduction in air emissions has not resulted in a 

commensurate reduction in the cost of enforcement. (5) 

Response: The Department acknowledges that the number of Title V facilities has decreased 

since the beginning of the program in the early 1990s. As described in the response to comment 

11, the number and complexity of regulations have increased, increasing the staff time needed to 

inspect Title V facilities and assist owners/operators with compliance questions. The DEP air 

program staff must continue to implement the air pollution laws and regulations, issue plan 

approvals and operating permits including renewals and amendments, conduct facility 

inspections, respond to complaints, assess the risks of hazardous air pollutant emissions, and 

monitor the ambient air in the Commonwealth. Air program staff operate and maintain a source 

testing program to ensure compliance with applicable requirements. Further, the Department 

projects an increased workload due to the implementation of new or revised federal regulations 

including, but not limited to, the following: 

• Maximum Achievable Control Technology (MACT) standards for boilers 

• MACT for electric generating units 

• MACT for Commercial and Industrial Solid Waste Incinerators 

• MACT for Reciprocating Industrial Combustion Engines 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 15 of C # 2980 

18 

• Area source MACT standards 

• New Source Performance Standards (NSPS) including for the natural gas industry 

• NSPS for Sewage Sludge Incinerators 

• NSPS for Kraft Pulp and Paper Mills 

• NSPS for Hospital Medical Infectious Waste Incinerators 

• National Ambient Air Quality Standards (NAAQS) for Lead (revised November 12, 

2008, 73 FR 66964) 

• NAAQS for fine Particulate Matter (PM2.5) (revised October 17, 2006, 71 FR 61144) 

• NAAQS for fine Particulate Matter (PM2.5) (revised January 15, 2013, 78 FR 3086) 

• NAAQS for Nitrogen Dioxide (revised February 9, 2010, 75 FR 6474) 

• NAAQS for Ozone (revised March 27, 2008, 73 FR 16436) 

• Title V Permit Renewal 

• Incorporation of new applicable requirements in Title V permits 

• Reasonably Available Control Technology 

Implementation of the new and revised federal permitting rules (MACT and NSPS) will require 

increased numbers of inspections and permitting actions and outreach to and education of the 

impacted industry. These federal rules may require promulgation of new or revision to existing 

state regulations. Implementation of the revised NAAQS requires development of revised 

attainment and maintenance SIPs, emission inventories, ambient air modeling, inspections of 

affected facilities and sources, demonstrations to the EPA of adequate Department resources to 

implement the standards and programs, demonstrations to the EPA that emissions in 

Pennsylvania will not contribute significantly to or interfere with maintenance to downwind 

nonattainment areas, and may require adoption of new or amendments to state regulations and 

revisions to operating permits. The revisions to the various NAAQS also, in some cases, require 

the installation of additional ambient air monitors to the existing monitoring network. 

Implementation of these new federal regulations and revised NAAQS and the necessary 

infrastructure will require significant education of and outreach to the impacted industries and 

the public. 

27. Comment: Did the EQB explore offsetting all or a portion of the proposed increase through 

cost reductions? (5) 

Response: The Department has made significant cost reductions in the Title V program. The 

Department has eliminated or postponed the purchase of fixed assets. The Department has 

reallocated program costs to the Mobile and Area Facilities Account of the Clean Air Fund 

where permissible to prolong the solvency of the Title V Major Emission Facilities Account. For 

example, the Department transferred $485,000 of expenditures from the Title V Major Emission 

Facilities Account to the Mobile and Area Facilities Account of the Clean Air Fund in fiscal year 

2012-2013. These expenditures included staff training, certain travel expenses, computer and 

computer software purchases, health certifications, and certain utility charges. For fiscal year 

2013-2014, the Department will transfer $240,000 in operating expenses to the Mobile and Area 

Facilities Account of the Clean Air Fund and reduce computer systems support spending by 

$150,000. The Department will continue to look for cost reductions that can be implemented 

without negatively impacting the Title V permitting program. In prior years, costs including 

staff training, certain travel expenses, computer and computer software purchases, health 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 16 of C # 2980 

18 

certifications, and certain utility charges were "split coded" appropriately between Title V and 

Non-Title V accounts of the Clean Air Fund. In order to assure the solvency of the Title V 

account for an extended period, the total cost of certain expenditures was transferred to the NonTitle V account in the Clean Air Fund. 

28. Comment: If the reduction of air emissions does not result in a reduction of enforcement 

costs, how is the fee method put in place in 1994 viable today and into the future? (5) 

Response: As stated in the response to comment 24, the Department recognizes that the 

proposed increase to the Title V annual emission fee is not a permanent solution to funding the 

Title V program. The current Comparative Financial Statement for the Clean Air Fund shows 

that the Title V Major Emission Facilities Account will have a negative balance at the end of 

fiscal year 2015-2016. As noted in the minutes of the November 20, 2012, EQB meeting, the 

rulemaking provides a “bridge” for the Department to address its imminent budget needs while 

allowing the Department and interested stakeholders sufficient time to examine the most 

appropriate means to support the Title V program in the future as new air pollution control 

technologies, the abundance of natural gas, and the retirement of coal-fired power plants 

continue to reduce emissions of regulated pollutants. 

29. Comment: How did the EQB consider the financial impact for businesses? Could the fee 

increase be a disincentive to build or expand in Pennsylvania? How will the fee increase affect 

employment? Could these factors result in a net loss of revenues if a business closes in 

Pennsylvania? (5) 

Response: In answering these questions, the Board will consider whether an increase to the 

Title V annual emission fee would put Pennsylvania businesses at a competitive disadvantage 

with comparable businesses in the surrounding states or draw business and employment 

opportunities away from the Commonwealth. The Department finds that in some cases, the 

Commonwealth would be very competitive and may be able to draw new industry on the basis of 

having a lower Title V annual emission fee than nearby states. 

For instance, several nearby states have already taken action to address the issue of declining 

revenues due to declining emissions of regulated pollutants. Connecticut, Maryland, New York, 

and New Jersey no longer limit emission fee applicability to 4,000 tons per regulated pollutant. 

In 2013, Connecticut’s Title V emission fee is $301.09 per ton of emissions of regulated 

pollutant based on an “Inventory Stabilization Factor,” upwards from a fee of $283.46 per ton 

imposed in 2012 and with no cap on the amount of emissions of regulated pollutants subject to 

this fee. The Connecticut fee is adjusted periodically to ensure that collected Title V annual 

emission fee revenue is adequate for at least 2 years of permit program operating costs. In 2012, 

New York assessed a Title V annual emission fee ranging from $45.00 per ton of regulated 

pollutant for emissions of less than 1,000 tons per year to $65 per ton of regulated pollutant for 

emissions of more than 5,000 tons per year; the fee is applied to emissions up to 7,000 tons of 

any regulated pollutant. The New York Title V emission fee for 2013 has not changed from 

2012 levels. For 2013, the state of New Jersey imposes a Title V annual emission fee of $112.07 

per ton of regulated pollutant with no cap on emissions. In 2013, Maryland’s Title V annual 

emission fee is $55.70 plus a $200 base fee; Maryland has no cap on the amount of emissions of 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 17 of C # 2980 

18 

regulated pollutants subject to the fee. West Virginia’s 2013 Title V annual emission fee is 

$31.87 per ton of regulated pollutant, with a 4,000 ton cap. Virginia’s 2013 Title V annual 

emission fee is $58.88 per ton of regulated pollutant (4,000 ton cap); further, in 2012 Virginia 

established additional Title V facility fees including yearly maintenance fees ranging from 

$1,500 to $10,000 and Title V Permit application and Title V Permit renewal fees of $20,000 and 

$10,000, respectively. 

Moreover the Department does not believe that the revision to the Title V annual emission fee, 

by itself, will be a disincentive for businesses to build or expand in Pennsylvania. The decision 

by a business owner or operator to locate in the Commonwealth considers many factors, 

including available labor, taxes, access to resources and transportation, and location of the target 

market, when making the decision about whether to locate in the Commonwealth. The 

Commonwealth has been able to and continues to attract businesses and major manufacturing 

facilities. The Department believes that providing funding for a sustainable Title V program will 

eliminate doubts and concerns of the owners or operators of Title V facilities as to the ability to 

obtain a permit and the viability of the services provided by the Department. 

30. Comment: Did the EQB consider a delay or phase-in of the increase to allow businesses 

time to accommodate the full impact? Why is it reasonable to impose the fee increase on 

emissions that already occurred in 2013? (5) 

Response: The Department did consider a delay and different years for the implementation of 

the increase to the Title V annual emission fee. However, assessing the revised fee on emissions 

of regulated pollutants occurring in calendar year 2013, due and payable by September 1, 2014, 

was chosen due to the projected budget deficit and anticipated retirement or deactivation of 

electric generating units that will have a significant negative impact on the Title V permitting 

program. Because of declining Title V emission fee revenue due to the installation of air 

pollution control technology on stationary sources and the retirement or curtailment of operations 

by major sources including coal-fired power plants, deficits of $7.235 million and $19.406 

million in fiscal years 2015-2016 and 2016-2017, respectively, are projected for the Title V 

Major Emission Facilities Account. 

The Department has analyzed the solvency of the Clean Air Fund Title V Major Emission 

Facilities Account and determined that there will not be sufficient funds to sustain the Title V 

permitting program beginning in fiscal year 2015-2016. Failure to address the Title V revenue 

shortfall now will result in a program without sufficient funds to operate. This will have 

significant impacts on industry, including the delay in revising and addressing plan approvals 

and operating permits including renewals and amendments since the Department will necessarily 

be forced to reduce staff in order to balance the budget. There will not be sufficient staff to 

conduct facility inspections, respond to complaints, assess the risks of hazardous air pollutant 

emissions, monitor the ambient air in the Commonwealth, and operate and maintain a source 

testing program to ensure compliance with applicable requirements. All of these factors could 

contribute to a loss of employment opportunities and slow the economic recovery in this 

Commonwealth. The Board first proposed a Title V annual emission fee increase in 2009, 

thereby providing notice to the affected owners and operators of Title V facilities of the need to 

address the revenue shortfall. Further, payment of the emission fees for emissions occurring in 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 18 of C # 2980 

18 

calendar year 2013 will not be due until September 1, 2014, 19 months after publication on 

February 2, 2013, of the rulemaking notice proposing the increase in the Title V annual emission 

fee to $85 per ton of emissions of any regulated pollutant up to 4,000 tons of emissions of 

regulated pollutant. 

31. Comment: The EQB should explain how the costs imposed by the fee increase are 

justifiable compared to the benefits the fees produce. (5) 

Response: Retaining sufficient staff (including permitting, monitoring, enforcement, source 

testing and legal personnel) to support the Title V permitting program is a critical component of 

improving air quality within this Commonwealth and assuring compliance with the health- and 

welfare-based NAAQS. The benefits to Commonwealth residents of attaining and maintaining 

the NAAQS are significant. The EPA has estimated the monetized health benefits of attaining 

ambient air quality standards. For example, the EPA estimated that the monetized health 

benefits of attaining the 8-hour ozone standard of 0.075 ppm range from $8.3 billion to $18 

billion on a national basis. See Regulatory Impact Analysis, Final National Ambient Air Quality 

Standard for Ozone, July 2011, http://www.epa.gov/glo/pdfs/201107_OMBdraft-OzoneRIA.pdf. 

Prorating that benefit to the Commonwealth, based on population, results in a public health 

benefit of $337 million to $732 million. The projected costs of increased Title V annual 

emission fees ranging from $5,830,000 in fiscal year 2014-2015 to $4,237,000 in fiscal year 

2018-2019 to regulated industry Commonwealth-wide pale by comparison. The Department is 

not stating that these estimated monetized health benefits would all be the result of increasing the 

Title V annual emission fee, but the EPA estimates are indicative of the benefits to 

Commonwealth residents of attaining the NAAQS. Ensuring that there are sufficient staff and 

resources to implement the Title V permitting program is one part of the overall air quality 

program to attain and maintain the NAAQS in this Commonwealth. 

Adequate funding will assure the regulated industry that their plan approval applications and 

permits will be reviewed in a timely manner, sustaining their profitable business and maintaining 

jobs. Attaining and maintaining public health and welfare goals will attract and retain residents 

needed to fill the jobs created by the regulated industries and small businesses. Maintaining a 

healthy environment will benefit the agricultural and tourism industries, both of which provide 

many jobs. All of these situations will increase tax revenues to the Commonwealth. 

Implementing the proposed increase to the Title V annual emission fee will assure the residents 

of this Commonwealth that the Commonwealth’s air pollution control program is adequately 

funded for the next few years. The anticipated increased revenues will allow the Department and 

approved local air pollution control agencies to continue providing adequate oversight of the air 

pollution sources in this Commonwealth and take action, when necessary, to reduce emissions to 

achieve healthful air quality and ensure continued protection of the environment and the public 

health and welfare of the residents of this Commonwealth. 
Depa!tr",�;·,t Jf 

Environment1.:f !_1� c,tecUon 

COMMONWEALTH OF PENNSYLVANIA 

STD-521 REV. 06-2010 INVOICE NO. 

PUBLICATIONS AUTHORIZATION AND INVOICE FEB 1 1''''3 

PUBLICATIONS AUTHORIZATION (To be completed by agency): Air Resource '�:"l":;Jernent 

TO; (NAME AND ADDRESS OF NEWSPAPER) : FEDERAL LD. NO.lSOC. SEC. NO. FROM: (NAME AND ADDRESS OF AGENCY) AGENCY ! Tf:'� 'Q�1 

Allentown Morning Call , 23-0337560 Alex Haas , 717-787-9495 

101 North Sixth Street PA - DEP/BAQ 

PO Box 1260 400 Market Street 

Allentown. PA 18105-1260 H;:r,rric;hIJrn PA 1710-; 

HEREWITH IS ENCLOSED COPY FOR PUBLICATION OF ADVERTISEMENT FOR PROPOSALS TO I TYPE OF ADr 

- r, EMPLOY r: PURCHASE J: CONTRACT r SELL 

, 

CLASSIFIED fx LEGAL NOTICE 

PUBLISH ADVERTISEMENT (NO. OF TIMES) I MAXIMUM NO. OF LINES DATE I ORDER NO 

1 x Only January 22, 2013 

You, as vendor, are authorized to publish this advertisement In your newspaper, subject to the terms of this order, as follows: 

Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature to be in 

capitals and subject matter and title of officer to be set solid in type regularly used by your newspaper for public (legal) notice 

advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and occupying 

similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any contract 

awarded to it hereunder, said vendor will not discriminate against any employee or other persons on account of race, color, sex, 

religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such discrimination, shall have the right to cancel said contract Return this copy at once if you will not accept this advertisement under 

the terms set forth. 

Return original and two copies (signed by the editor or publisher) to the agency listed above. Proof of advertising 

in the form of a tear sheet must be stapled to original and copies. Original must be notarized. 

Commonwealth to be billed only for actual number of printed lines published. 

SAP FUND COST CENTER GENERAL LEDGER ACCOUNT CODE % 

SAP 2007712000 CC 3522710000 GL 6343200 

1103527127654 

INVOICE (To be completed by publisher): 

DATE OF INSERTION ACTUAL NO. OF PRINTED LINES COST PER LINE TOTAL AMOUNT 

1st Ad 

2nd Ad 

3rd Ad 

GRAND TOTAL-7 

-- --- - --

Commonwealth of Pf'nnsylvan,a 

County of le' h :·(jh ·, ,I ") 

'. 

Before me, the subscriber, a Notary Public in and for sai? ounty, perso�ally ?�me S In1f" 1 /1 . lYse -.:Jlt) i 

who b"ing �uly s;yorn, doth depose and say thal>he is' /!<h,,,

Sr"- ( c \-f).Il, '-'<) '� }_�) I !c·c.7, L',) \ 

the =nyC !¥IQfrwck. C./ \ \ a general newspaper published at \},\\€ lC';Tovj.

 !l /-, A 

that the advertisemenl, of which tearsheet is attached hereto, was PUb�li:>s;.:he"d":"-in:u,th'"em<reC2g-luJI�-r.Ja'-dc'v-e'crti 

in the editions of said newspaper, in all respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary advertiser for a similar amount of matter occupying similar space and set in a 

similar matter, in said newspaper. 

Sworn 

day of 

subscribed before me this -=-"-=7?

My cmnmliSsion expires �:;��d�;i;ii 

*This affidavit must be made by the wner, ;;:;

 Or'i�UblishE'L 
Cc./1 

I -Zb ZOis 

ENIIII!ONMENTAI. QliAtiT'I' BQAIW NOTICE OF PUBLIC H!?ARIMGS 

Proposed Amendmenr. to Air Qualill' Reslllalions 

(25 P.a Code Chapter 121) Air QoaJIIY TIHe V Fe• Amendment 

The Environmental QualifY Board JBoardJ Will hofd threEf,public-he-aflngs for the purpose. of accepting comments on a Proposed rulemakin9 to 

amend 25, Pa. Code Chapter 127, Subchapfer l -(~:elating _fo plan' approvat and_operating permit fees}. , - - . 

The proposed rulemak!ng would amend_§ 127:705 (relating fo emission 

tees) to establish a base Title V annual emiSsion fee- of $85 Per torr for up 

to 4,000' tons of regufated pollutant, be'ginning with the fees due bY 

September 1, 2014; for emissions from Title V fadlities In-the 2013 

calendar year~ The initial base Title V'annuaJ emiSsion leer_ established at . 24- Pa.B. 5&99, November 26, 1994, was $37 per ton of regulated pollutant 

up_ fo 4,000 'Ions of each regulated pallutant per Title V facility; As provl~~d in § l27.705(e), the emission fee imP<>sed under§ l27.705(a) has 

'been tncreased 111. each ve.• .. r after November 26, 1994, bf the pe.rcenta·g·.·' If anv, 'by Which the-consumer Ptrce-lndex for the mos recent Catendar 

ye'Br exceeds the Consumer Price Index for the _Prev(ous calendar year. Under the existing regulatory framework:, the-'ba:S&,Tlffe- V annual emis~ sian fee hps not been revised since 1994. Jhe Title V annual emission fee 

due September l, -2012, tor emissions occurrlt:\9 in calendar year- 2011 was $56 per ton of regulated pollutant tor Up to 4,00!l tons of each regulated Pollutant. 

Minor clarifying amendments are proposed for § 121:701- (retatlhg,- -to 

c9eneral provisions}. The proposed rutemal<ih9 would revise § l27.(01: to 

:clarify that fees paid fo the Department are deposited info the P.ennsv:f¥8:. 

nia Clean Air Fund. The proposal woufd -also make additional- edltbtiaf 

ch-anses to this section. 

This-:proposed rulem:aklng wln be effecftve upon fir'laf-form pUb!icatidn--in the Pennsylvania Bultetin. 

The Proposed rufemakJng will be submitted to th~ Ui'lifed States EOvironmenfai Protection Agency upon fmat-form pubffcaf!ort for app.rovar as a revision to the Commonwealth's State Implementation Plan or as an amendment to fhe Tiffe V Program Approval codified In 40 CFR Part 70i 

Appendix A (relating fo aPProval status of state and locaf operating permits programs), as appropriate. 

PVlilf~ ___ Hearings :tne_-hearin9s will be held as follows: 

_Mar:t:h?5, 20'13 , Department of Envfronmeritaf ProteCttp'n l P.rtft. , Southwesf Regional dffi:ce 

Waterfront A Conference ROOm 

400. Waterfront DriVe 

Piffsburgh, PA 15222-4.145 

M<!rth 6; 2013 

:l_p.m. 

March 7,2013 1 p.m. 

DePartment of Environmental Protection 

Southeast Regional Office 

Delaware Rivl!!t Co'oference Room 

2 East Main Street 

Norristown, PA 19401 

Department ot Environmental Protection Rach~ Carson State Office Bu!fdihg Conference Room 105 . . 400 M;!rkef street 

Harrisburg, PA 17105 

Persons wishing fo preserit testimony 'at a he.S;rlng,are reque!Sfed_ to 

·cant ad ·the Environmental Quanty Uoard,·P.O •. Box 8477,. Harrisburg:, PA 

17105-8477, (717) 787~4526 at least ,1 week Tn advance of the hearing fo reserve.· a ttme to Present testimony. Oral testimony is lfmited to 10 

minutes for each witness. Wlfnesses are requested to submit three written 

copies of their oral testimonY to the hearlns chairperson af the hearing. Organizations are limited to. designating one witness to present testimony on their behalf at each hearing, 

Persons in- need of -accomfnodations as provided for fn the: Americans 

with Disabilities Ad of 1990 should contact the Board at {717} 787-4526 or through the ~nnsviVania AT&T Relay Service at (BOO) 654-5984 (TDD Users) or {BOO) 654,.¢988 -{votce users) ro- discuss -now _f~ Board may accommodate their needs. 

Written Comments 

Electronic Com111enls 

Copies ol.1h~ PropOsal 

tfi~Jutrfext _Of the Proposed rulemaking wUI be pUblished in fhe FebrU_ary' ~~- 2¢'13, -iss_ue of the Pennsylvania Bulletin and wm be availab_te- at 

ulfetln.com as wen as on the Deparfr!f~tnf of Envircnm.eplaJ rt's web site af www.dep.sfate.pa.us (DE:P Sear:ch/Kevword: 

articfpaficn'; select \PUbUc Particlpatfon- Center'; then choo:se 

'Pr'opcsa\s Currently Open for Comment'}. Copies of -ftte, -proposal may also be obtained from Dean Van OrdenF Assfsrant Dlredor, Bureau of Air 

Qua\ltv, P.O. Box -8468* Rachel Carson Sf ate Office BUilding, -Harrisburg, PA 17105-84681 bY email _at __ dvanorden@pa.gov or by -phone 1

at (717} 

783-8949. ·. 

MICHAEL KRA.NCEiR ChairPerson _ __ , 

#67656 1121Mll · ..'--""-'-'----
THE MORNING CALL 

MEDIA GROUP 

PO Box 415459 Boston, 'MA 02241-5459 

adaccounting@tribune.com 610-820-6679 

FEIN: 23-0337560 

DEPT OF ENVIRO PRO HARRISBURG 

400 MARKET ST FL 12 

PO BOX 8468 

HARRISBURG, PA 17101-2301 

Legal Advertising Invoice 

Billed Account # 

Client Account # 

Statement # 

CU00162831 

CU00162831 

000764257 

Client Name DEPT OF ENVIRO PRO HARRISBURG 

(LEGAL) 

Billing Period 01/28/13 - 02/03/13 

Billing Date 02/03/13;;;: 

Payment Term Payable in full upon receipt.: 

TOTAL AMOUNT OUE 1,364.84 

00016�83100016�83108000764�57 00136484 00136484 5 

To ensure proper credit, please detach and return with remittance. 

[Environmental Quality Board Pub hearing 

TOTAL: 1,364,84 

'For Information Regarding These Charges Please Call 610-820-6679 or Email adaccounting@tribune.com 

Billed Period 

01/28/13-02/03/13 

Billed Account # 

CU00162831 

M�NG themorningcall.com CAlL 

Billed Account Name 

DEPT OF ENVIRO PRO 

HARRISBURG 

Client Account # 

CU00162831 

careerbuildorellll aporl�: l1<t""'\I'''

'�'\('k 

Client Account Name 

DEPT OF ENVIRO PRO 

HARRISBURG (LEGAL) 

Page 1/11 

IHomeRn2$1f ::>'I'RlB\1��l 

ii 

;;:1 
Department of 

Environmental ProtectioFi 

COMMONVVEAlTH OF PENNSYLVANIA 

STD-521 REV, Q6.2010 

PUBLICATIONS AUTHORIZATION AND INVOICE 

TO; (NAME AND AODRESS OF NEWSPAPER) 

Beaver County Times 

Attn: Legal Classifieds 

400 Fair Avenue 

Beaver. PA 15009 II

 

FROM: (NAME AND ADDRESS OF AGENCY) 

L2�5:CI512!;��3................................. I 

Alex Haas 

PA - DEP/BAQ 

400 Market Street 

H;uric:hIJrn PA 17101\ 

INVOICE NO. 

FEB 0 4 2013 

EMPLOY r CONTRACT LEGAL NOTICE 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms , as 

Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature to be in 

capitals and subject matter and title of officer to be set solid in type regularly used by your newspaper for public (legal) notice 

advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and occupying 

similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any contract 

awarded to it hereunder, said vendor will not discriminate against any employee or other persons on account of race, color, sex, 

religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such discrimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under 

the terms set forth. 

R eturn original and two copies (signed by the editor or publisher) to the agency listed above. Proof of advertising 

in the form of a tear sheet must be stapled to original and copies. Original must be notarized. 

Commonwealth to be billed only for actual number of printed lines published. 

, 

SAP FUND COST CENTER GENERAL LEDGER ACCOUNT CODe % 

SAP 2007712000 CC352271 0000 GL6343200 

1103527127654 

INVOICE (T o be completed by publisher)' 

DATE OF INSERT!ON ACTUAL NO. OF PRINTED LINES COST PER UNE TOTAL AMOUNT 

1stAd 1/1.9/13 258 3.11 802.38 

2nd Ad 

3rd Ad notarv, clerica , internet 28.00 

GRAND TOTAL � 830.38 

Commonwealth of Pennsylvania 

County of Beaver 

Before me, the subscriber, a Notary Public in and for said County, personally came Tina Bequea th 

who being duly sworn, doth depose and say that he is' ,.-c"o"'n..Lt""r"'0"'1"'1"e"-r'"-

_________________ _ 

the Beaver Co Times a general newspaper published at 400 Fa j r Ave, Beaver, PA 15009 " 

that the advertisement, of which tearsheet is attached hereto, was published in the regular advertising columns of said newspaper, 

in the editions of said newspaper, in all respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary advertiser for a. similar amount of matter occupying similar space and set in a 

similar matter, in said newspaper. 

Sworn and subscribed before me this _2__t_h ..

__ 

\ j III day J 20..;:1:.

_ �li\��� 

--�.0������*�uf�;J�!M!llil�ib]������·�Yl!l.�.. 

OF AFFIANT 

My commission expires --

 

Public 

"This affidavit must be made by the Owner, t;���������M� or publisher. 
Public 

Hearings 

Public 

Hearings 

ENVIRONMENTAL QUALITY BOARD 

NOTICE OF PUBLIC HEARINGS 

Proposed-Amendments to Air_ Quality Re!Julations .. ·• .. (25 Pa, Code Chapter 127) . Air_QualitY Title V Fee Amendment 

The' Environmental:· Quality_ Bq_ard- (~o_ard) will hold 

three public_ hearin9s for the, purpose· of _accepting - comments on a. proposed rulemaking to.·amen_d 25-Pa. 

CodeChapter 127, Subchaeter J (relating_. to plan __ -_ap· proval and operating perm1t fees). -··- . -·:·' ·- The· proposed ru!emakin9 .would amend § 127.705 

(relating to_emission fees) tri establish a_ l:i_ase Title V 

annual emission fee of $85 per ton for:_.up to _4,000 , tons of regulated pollutant" beginning.with the. fees 

due by September 1, 2014, roremissions.from Title V 

facilities in the ·2013 calendar: year. The initial base 

Title V _annuaL emission fee, established at 24 Pa.B. 58~9, November 26,-1994, was $37 pe"r ton ofnigulat- ed pollutant up to 4,000 tons of each regulated -pollu- tant per Title V facUlty. As provided In § 127.705(e), the emission fee imposed under § -127.705(a) has 

been increased in each year after November-26, 1994, by the percentage, if any,- by which the ·Consumer 

Price Index forthe_most recent calendar year exceeds 

the Consumer Price Index for the _previous calendar 

year. Under the ex_isting ·regulatory. frameworK;·_ 'the 

base Title V annual emission fee ha_nofbee_n-revised 

since 1994. The Title_V,annu·arernission.fee_due:-Sep· temb. er 1r 20.12_~. for emissions occurr".mg· in-calendar 

year 20U was ;p56:per-ton-ofregulated pollutant-for 

up to 4,000 tons of each reguJated pollutant.-_ --- . Minor clarifying ·amendments_ are _proposed ,Jor §. 

127.701 (relating to general ·provistons). The ·pro· posed rulemaking·would revise§ 127.701_ to;_i:l_arify that fees paid to the ~epartment are deposited into 

the Penn'sylvania Clean Air Fund. The· proposal wo_uld 

also make additional editorial chanQes to this section. 

This·.proposed rulemaking will- be effective: upon final-fqrm publication in the Pennsylvania Bulleti_n_. : The. proposed rulemaking will _be·_ submitted to~· :the · United .States Environmental Protection·A_gertcy,·upon finaHorm _publication for apprOval ,as a revision:to 

the Commonwealth's State ImPlementation .Plan: or as· an amendment to-the Title V Program Approval Codified in 40 CFR·Part 70, Appendix A (relatmg·to'-ap- proval status of state and local operating- permits programs); as appropriate. Public Hearings _ . The hearings will be held a_s folloWS: 

March 5, 2013- -. Department of 

1 p.m. Environmental P-rotectiOn 

Southwest Regional Office 

Waterfront A Conference 

Room, -400 Waterfront Drive 

Pittsburgh, PA 15222·4745 

Marcb_6,2013 Department of · _ · 1 p.m. · Environmental Protection· 

Southeast Regional ·Office 

·Delaware River Conference 

Room- 2,- East M.:iin Street 

Norristown, PA 1.9401 · Marcb71 2013. Departmentof. 1 p.m. Environme_ntal Protection . Rachel _Carson State Office 

Building,-- Conf~retlte _·Room·· 

105,400 Market Street . .Harrisburg, PA 17105 

Persons wishing to present testimony at-a heafing are requested to· contact the Environmental_ Quality Board,· P.O. Box 8477, Harrisburg, PA 17105~8477, 

(717) -787-4526 at least 1 week in advance of.the 

hearing to reserve. a_ time to present testimony; Oral 

testimony is limited-to 10 minutes for each _witness. Witnesses are requested to submit three_. Written 

copies of their oral testimony to the: hearing chairper~ 

son at the hearing. Organizations are limited to designating- one witness _to present· testimony- on- their 

behalf at each hearing: : . _ . · :· · Persons in need of accommodations- as provided for 

in the Americans with Disabilities Act of'1990.should 

contact the Board at (717) 787~4526-_or_.througb· the 

Pennsylvania AT&T Relay Servi_ce at (800) .. 654·5984 

(TOO users) or (800} 654~5988 (voice users}. to dis· cuss how the Board roay accommoda_te their' needs. 

Written Comments 

Interested- persons are invited to sublllit _comJ:nents, suggestionS or objections regarding · the._ prop'osed rulemaking to the Environmental Quality· Board, P.O. 

Box 8477; Harrisburg, PA 17105-8477 (express mail: 

Rachel' Carson State Office Building, 16th· Floor, 400 

Market Street, Harrisburg, PA .- 17101~2301). Comments-submitted-_by facsimile .will not he accepted. Comments, suggestions or objections must be re· 

ceived by the Board on or before April 8, 2013. Interested pers·ons may also subJTlit a summary of.their 

cqmments_ to the- Board. The summary may not ex- /.Ce.eq.··,ori_~ .page. in length and. must also be. r.eceiv~.d. •. n -~Or':before·Apnl8, -2013. The.one·page summarv-:will 

be provided to each member of the BOard in the iigen- dcfpacket distributed rrior to the meeting-at which 

the_final regulation wi! be considered. · Electronic (:omments Comments may be submitted elecVonkall_y-to,the Bo_ard-ilt-RegComments@pa.gbv and must be received 

bY·- the_, Board _on or before April 8, 2013. A subject heading :of the proposal and a return name and _ad- dte.ss must be mcluded in each transmission; ltthe · sende'r.does·. not receive an acknOwledgement of elec· 

tronic _comments. within 2 working days, the co_m· 

ments.sPOuld be retransmitted to the Boar~ to,~n· sure receipt.- - ___ _ - -, , Copies Of the Proposcil _ · , The full text of the_proposed rulemaking will be pUb~ lished _in _the. FebruarY· 2, 2013; issue-of th~ Pennsyl· vania _ Bulletin and will be _ avallabl_e· _,,-at , www.pabulletin.com as well as on the- Department of · Envi~onmental Protection's- website at Error!- Hyper~ 

link reference .not valid. www.dep.state.pa.us (DEP Search/Keyword: "Public Partlcipation"l-'select ''Public Participation:ce~tef"; then choose "Proposals Currently .Open for Comment"). Copies of the proposal 

may also be obtained from Dean Van Orden, Assistant Director, Bureau of Air Quality, P.O. Box: 8468, Rachel Carson State Office Building, Harrisburg, PA 17105~8468, by .email at dvanorden@pa.g_ov or by phone at (717) 783·8949. 

MICHAEL KRANCER 

Chairperson 1/l.0/13 
Depa:-i:C'0::-'" 8f 

Environmental Protection 

COMMONWEALTH OF PENNSYLVANIA 

810-521 REV. 06-2010 INVOICE NO. 

_ , , ' 

Air Resource 

Division 

Management PUBLICATIONS AUTHORIZATION AND INVOICE 

PUBLICATIONS AWTHORIZATION (To be completed by agency): 

TO� (NAMJ; OWO ilDORfSSOFNtW5I'AP£A) 

Bucks County Courier Times 

8400 N Bristol Pike 

Levittown, PA 19057 

1 FEDERAL 1.0. NOJSOC. SEC. NO. FROM: (IJAMEANO AOORESS OF AGENCY) AGENCY I TELEPHONE NO. i 23-0433913 Alex Haas 717-787-9495 

PA- DEP/BAQ 

400 Market Street 

i-IMrj"hllrn PA 1710, 

HEREWTH IS ENCLOSED COPYFQR PUBUCATION OF ADVERTISEMENT FOR PROPOSALS TO I TYPE OF AO

r , EMPLOY r PURCHASE r CONTRACT r SELL CLASSIFIED IX LEGAL NOTiCE. 

PUBLISH ADVERTISEMENT (NO, OF TIMES) T MAXIMUM !':lO. OF LINES DATE I ORDER NO. 

1x Only January 22, 2013 

OATES OF INSERIION SIGNATURE F� tGENeY n 

J 

I A'11" /) January 31, 2013 l'k_..o f -eu,ji!A i?/; 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as follows: 

Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature to be in 

capitals and subject matter and title of officer to be sel solid in type regularly used by your newspaper for public (legal) notice 

advertising; charge to be made at the rate charged to and paid by commercial' advertisers for matter similarly set and occupying 

similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any contract 

awarded to it hereunder, said vendor will not discriminate against any employee or other persons on account of race, color, sex, 

religious creed, ancestry, age or national origin and that the Commonweallh, upon receipt of satisfactory evidence of such discrimination, shall have the right to eancel said contract: Return this copy at once if you will not accept this advertisement under 

the terms set forth. 

Return original and two copies (signed by the editor or publisher) to the agency listed above. Proof of advertising 

in the form of a tear sheet must be stapled to original and copies. Original must be notarized. 

Commonwealth to be billed onl¥ for actual number of printed lines published, 

SAP FUND COST CENTER GENERAL LEDGER ACCOUNT CODE % 

SAP 2007712000 -: CC 3522710000 GL 6343200 

1103527127654 

INVOICE (To be completed by publisher)' 

DATE OF INSERTION ACTUAL NO. OF PRINTED LINES COST PER UNE TOTAL AMOUNT 

"' 

1st Ad 111,J7,?, 

I 39/7 ,:).00 '7 '7 Lf-- Of) 

2nd Ad 6ac:.c r}:, Drn" 560 

3rd Ad .A S-h � r. H;� JO.1,f) 

__ �,·-,-c,�""." .U,U:l 

GRAND T OTAL � rnq .'1,,<:

 

'",;J;)(J;;:n:)\'-,J' �ALr 10 (Y:;2, 'S 

·!)::::\l!::,J\'1'-

_

.;,

_ _

· 

,i'�::;:: :ti,· 

--

·-: _____ ________ _ 

--,------, 

Common ealth of Pennsylvania 

County of -Due 1<.5 

Before me, the subscriber, a Notary Public in and for sal Glad:: .. 

who eing duly S,\\!Ol'n, doth depose and say that he is" -,Jl!pi.LJJ.L='h1&ll.

�!-jJ�Ll.

&bOLr Tr

 __ ____ 

_ 

the " I .- mes a general newspaper published at .,

f-�'+; '-

''

,!,-,L'

+-l

'---:L!.::

L<� __ __

 that the advertisement, of which tearsheet is attached hereto, was published in the regular advertising columns of said newspaper, 

in the editions of said newspaper, in all respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary advertiser for a similar amount of matter occupying similar space and set in a 

similar matter, in said newspaper. -f, Sworn � subscribed before me this 31 S V 

' " �A���ZXe;sV£A� 

" � � 

20 I:? D)J1JM!,E�M�er� 

NOTARY PU8l1C I Notarial Seal " 

My commission expires '= -e. \:, 19, d 0\3 += 

I Karan MoGovem, Notary Public 

\ -j, Tullytown Boro, Bucks County 

·Thls affidavit must be made by the Owner, Publisher, or the designated agent of the owner or pUblish.m:-My Commis

 ExpIres Feb. 19,2013 il.M�mh0r, DennsvtwmiB As

 ofNcJ(gJie -
ENVIRONMENT~: 

Q!)ALITY BOARD 

NOTICE O'F' 

PUBLIC HEARINGS 

Pro_Posed 'Anletidments to/ 

Air Quality Regulations · 

(25 Pa. Code Chapfer·t27). 

Air Quality Title_ v 

Fee A.mendment 

The proposed ·rule-~ making will_ be su~rr!i .. tted 

·to the- Utiited States Envi-·-

roninental . Protection ,! 

Agency upon- finaf~form ! 

'pubficat[,9.n.:: for approval a:s a'.-reVisi6n to the Com- ; t:nOf1Wea)th~s· State !mple- 1

; 

rr)"e!l!(Itiqh _-_pl_an,: __ or,·as ·an: I ~.: .. ·.ct. tn.·.·· •._:_.o,d .. in. ;._¢···.n··.l • ?._i:i:;t.h ... e.·.;{I;i·. t .Je .. N<-···· .;Pr-69r·am.-::-.APPrcivar-:co9I- The Environmental Qual~ ity Board {B6ciid)· will 

hOld thre_e,!)ublic; hea,riry,ss .. !' 

:_Jo.r;:t~~-·.R_.!;I[.PQ~e afgqtept~.) <.ih~ _~.c.6_1)1tr!erl_k·:: off' a.'_gro~_· · .. ::bpS~~-!·,_- "_r'liJeiTiaking~ ''""·f()•, 

·am_eqd-2s Pa .. -Code Chaptet:J27, ·subchaPter 1 (re, 

_la_fins_.:;)o. Plan -opp_rovaJ · an~:-· .. -_.o'p~ra:tinfi' ·t;·'p'erii\it-' ·.t_ees);: · · · · 

.,.. Jli_e -Proposed :''_r,·u're":_; 

~0~!~9\~--.--:9tP'i1_J_~ .' __ i:n~:eryd 12?;-?0~:JrJ:l}Otin~ _ _-f(). ·er,nissi_o_n.-''fees_>• t?:: .. establish.;.a I 

. bq'~e.:·TJtJe)X:arult!_a_l_ --~~ni{~~- i 

Si()n--fee of .. $85 ·per to~-:for·' 

up_-~to _ <1~~0- _to!_"ls. 0~- _i-e9u~ J_ati~ct._~o __ Jlu·t~·n:t, 9~e9rnl)ing·: 

~_rt_il--19.e _fees-due :by ·sep-' te~_h"e,i:y).i,:2014, for einis- s(o~S .. :f,r,Oin -Title_ v- facill- ·'tres_:_:~!l-}lle 2013 calendar 

y_ear;_>:'T;he::fnftfaJ bOse Tit]e'V·annuaJ emission fee, 

,established at 24 __ -~a-~. 

5.899, _Novembe~:_ 26; :1994, was $37 per ton-,of __ re9ulafed pollutant up_ to .4,000 

tons .. of · ettch resuJated 

Pollutant per Title. -v fa •. cility;' As provided· i(i" §' 

l27.705{e), the eMissiOn 

fee- imPosed uncter 

. § 127.705{0) has been increased_ in eacn Ye"ar af. t~r '!1Jovei-nber_2is, 1994;_:by the:Perc~htage,-:if cirw_, bY 

Which the ConsUmer 

Price ·IndeX for the inos't 

recent calendar year ex· ceeds the Consumer 

.Price lndex.·for,_t~e._ Previ_~ ous calendar. YeOr--:-:,_lindet , the existing·. resU'IatorY 

framework, the bas~ Title 

V annual emission fee-has 

not been .. revised since 

1994._ -.. The-Title Y-···9J1FJ:UOI emL~sio_n._ fee due Se_~;>te_mber_ 1- 2012;- for. emi~sions occurring~ in calendar 

year 2011' was $56 per ton 

of regulated pollu.fant for 

up to 4,000 tonS of each 

regufafed POllutant• 

·Minor cfarifvin·s·amend~ ments are proposed for 

§ 127.701 (relating to sen- eraJ prdvisiohs). The Pro.~ 

Posed ru.Jerhaking would , revise§ 127.701 to clarify . 

that- fees Paid to the De· 

Partmeilt are. deposited .. into the _Pennsylvania 

Clean: Ai_r {=una. The pro- posal would also make 11

-'0dditionar - editorial 

changes to this section. 

This proposed· ru-lemaking .will be effeCtive 

: op·o·n· .-f.inof-form-_ Publfca-. 

···tion in. the PennsYlvania 

Bulletin. 

:· fi~o-.;._Iry;_::4o·-:.c:F_~ -P~rt ?O/ / APpe_n~_i_x>A:: _(r~!Ofl_nfj _to:. 

approvO!-C sta:t~~-:-;.,!l.f;.}t(]!'7.-· I 

and- local- _operating per .... l 

mits p·rograJ!'s), as ap- Propriate'. - .. · 

PUblic Hearings . . . Thei hearfngs will be held as foUq_v.ts: . ~--Ma~~,-~ _5, 2o13 1 P:m.- _-

Department-of 

Environmental 

Protection 

SoUthWest Regional- Office . Waterfrorit- A 

Co~_ferenqf Ro6m 

400 Waterfront Drive · .Pittsbui-gi;~ PA-15222;4745 March 6, 2013 ., · · 1-P.m.-

DePartment·of 

Emlii-on·menta! :; ·_eroft!di_On · _-

sciutbe:ast_Re9io-nal Office 

Delaware RiVer · Cohfer£mce· Rooi)-1 

2 _East_I'Jl.aiJl Stre_et 

No!riStbwn, PA-·19401 

Mafch'?, 2013 · ·- .-. 

1 p;in • 

· ·aepbrti-nent of 

5nvi~onmentaJ 

Protec-tion · 

Rachel Carson State 

Of_fic;e-Huilding:_::- --- .,_ -'{<>--

:·-Coiifere·nce Roo·I11:To4 

400 Market Street 

HarrisbUrg, .PA. I nos··_: 

Persons wishing to PreSent testirilonY at. a ·hear~ ·ing are requested,to·;con~ taCt·_ the- Erivii-onn:J'entcii 

Quality Board,---P.O. :Box 

8477,. Harrisburg, PA 17105~8477,: (717) 787·4526 

at feast 1 week ·-iri ad-

\lance of the hearing to. reserve a time to Pi-'esei'lt 

testimqny-.. Oral te!;!timo-. ~ ny· is ·limited. to 10 minutes for each witness. 

Witnesses . are r'eqt.iested 

to submit ·three: written 

COPies of. their oral testimony to the hearing 

ChairPerson at the hear- 1 

ing, Organizations_ are, r 

..

'. ' ... m ite.d ·. ' ... o· "de··.· •.I _gn.a' tlng .. Q n.· •. ;l witness tO Present tes·ti- monv on their 6ehalf at 

each hearing. 

· Persons in need of aCcommodations as Provided for in· the'_ ·AmerJcahs I 

With .. Disabi.iitie.s Act of 

1_990 should Contact the 

B'oar9 at (717) 78NS26 or 1 

through the_ Pennsylvania i 

AT&T· Ref_ay Service at; 

(800) 65<f-:5984 · (TDD ~ 

Users) ·?r ._ JBOO;) .: -654-5988- -~ (voice -". use'rs)to .-_discuss 

hoW the· Boan* rriay ac- commodate their needs, 

Written'·comr:nents 

·Interested persons are 

rnVited_.,to .. sui:Jmit: C?n:l~. m·ents, suggestions or .obrections. regarding the 

proposed ru!_emaking_ ..f? 

the Environmental_ Quaf_r-· i.v BQard; .p·.o .. _. BoX 8477, Harrisburg~ PA 171_05-_8477 

(expre"ss . mai_l: :. Rac._ttel 

Carson state Office ~u1_ld~ 

ing, 

1_6th. Floor, 40? .Mar7 

ket street_, Harrrsbu~g, 

PA, 17101-2301). : Com~ 

mellts .. subrnlttep by facsimile will not be accepted.- Comment~, sugges7 

tions or obiect1ons must 

be i-eceived _by the Board on or befo're April 8,.2913_;_. 1 nterested . persons mav also_ submit a summary 

of their.'commehts·.to the 

Board. The summ_arv . may. not exceed one in length and must 
Bureau of Air Quality 

Air Quality Title V Fee Amendment 

25 Pa. Code Chapter 127 

43 Pa.B. 677-681 (February 2, 2013) 

Environmental Quality Board Regulation # 7-478 

(Independent Regulatory Review Commission # 2980) 

Comment and Response Document 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 2 of C # 2980 

18 

Air Quality Title V Fee Amendment Proposed Rulemaking 

On February 2, 2013, the Environmental Quality Board (Board, EQB) published a notice of 

public hearings and comment period for a proposed rulemaking concerning revisions to 25 Pa. 

Code Chapter 127 (relating to construction, modification, reactivation and operation of sources). 

The proposed rulemaking would amend § 127.705 (relating to emission fees) to establish a Title 

V annual emission fee of $85 per ton for up to 4,000 tons of each regulated pollutant per Title V 

facility, beginning with the fees due by September 1, 2014, for emissions from Title V facilities 

in the 2013 calendar year. The initial Title V annual emission fee, established at 24 Pa.B. 5899, 

November 26, 1994, was $37 per ton of regulated pollutant up to 4,000 tons of each regulated 

pollutant per Title V facility. As provided in § 127.705(e), the emission fee imposed under § 

127.705(a) has been increased in each year after November 26, 1994, by the percentage, if any, 

by which the Consumer Price Index for the most recent calendar year exceeds the Consumer 

Price Index for the previous calendar year. Under the existing regulatory framework, the Title V 

annual emission fee has not been revised since 1994. The Title V annual emission fee due 

September 1, 2012, for emissions occurring in calendar year 2011 was $56 per ton of regulated 

pollutant for up to 4,000 tons of each regulated pollutant per Title V facility. 

If the revised Title V annual emission fee for the Air Program is adopted by the Board and 

published as final rulemaking in the Pennsylvania Bulletin, the final-form regulation will be 

submitted to the United States Environmental Protection Agency (EPA) for approval as a 

revision to the Commonwealth’s State Implementation Plan (SIP) or as an amendment to the 

Title V Program Approval codified in 40 CFR Part 70, Appendix A (relating to approval status 

of state and local operating permits programs), as appropriate. 

The proposed rulemaking will be effective upon final-form publication in the Pennsylvania 

Bulletin. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 3 of C # 2980 

18 

Public Comment Period and Public Hearings 

The public comment period opened on February 2, 2013, and closed on April 8, 2013, for a 66-

day public comment period. 

Three public hearings were held on the proposed rulemaking as follows: 

March 5, 2013 Department of Environmental Protection 

1 p.m. Southwest Regional Office 

 Waterfront A Conference Room 

 400 Waterfront Drive 

 Pittsburgh, PA 15222-4745 

March 6, 2013 Department of Environmental Protection 

1 p.m. Southeast Regional Office 

 Delaware River Conference Room 

 2 East Main Street 

 Norristown, PA 19401 

March 7, 2013 Department of Environmental Protection 

1 p.m. Rachel Carson State Office Building 

 Conference Room 105 

 400 Market Street 

 Harrisburg, PA 17105 

This document summarizes the comments received during the public comment period. Each 

public comment is listed with the identifying commentator number for each commentator that 

made the comment. A list of the commentators, including name and affiliation (if any) can be 

found on page 4 of this document. The Board invited each commentator to prepare a one-page 

summary of the commentator’s comments. One one-page summary was submitted to the Board 

for this rulemaking. No testimony was presented at the hearings. The House and Senate 

Environmental Resources and Energy Committees did not submit comments. 

Copies of all comments received are posted on the web site of the Independent Regulatory 

Review Commission (IRRC) at http://www.irrc.state.pa.us. Search by Regulation #7-478 or 

IRRC # 2980. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 4 of C # 2980 

18 

Table of Commentators for the Environmental Quality Board 

Air Quality Title V Emission Fee Amendment Proposed Rulemaking # 7-478 

(IRRC # 2980) 

ID Name/Address One Page 

Summary 

Submitted 

for 

Distribution 

to EQB 

Provided 

Testimony 

Requested 

Copy of 

Final 

Rulemaking 

after EQB 

Action 

1. Emily E. Krafjack 

President 

Connection for Oil, Gas & Environment in 

the Northern Tier, Inc. 

 

2. Keith E. Williams 

Manager Environmental 

Hercules Cement Co., L.P. 

dba Buzzi Unicem USA 

 

3. David W. Hacker 

General Attorney 

US Steel Corporation Law Department 

X 

4. Hon. Greg Vitali 

Representative 

PA House of Representatives 

 

5. David Sumner 

Executive Director 

Independent Regulatory Review Commission 

 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 5 of C # 2980 

18 

General Comments 

1. Comment: The commentators support the proposed fee increase. (1, 4) 

Response: The Department of Environmental Protection (Department, DEP) thanks the 

commentators for their support. 

2. Comment: The commentator believes there is inadequate DEP staffing to ensure compliance 

and to conduct sampling and ambient air monitoring in the Marcellus Shale area. (1) 

Response: This comment is beyond the scope of the rulemaking. Nevertheless, the Department 

believes that there is sufficient staffing to implement the Title V permitting program. Because 

the vast majority of the Marcellus Shale activities are conducted at facilities that are not Title V 

facilities and which pay no Title V emission fees, the Department cannot use Title V funds for 

the purposes recommended by the commentator. 

3. Comment: The proposed increase in the Title V fee shows that the Department has been 

operating at a level of insufficient funding. There is a concern about the Bureau of Air Quality’s 

ability to purchase air sampling and monitoring equipment, perform modeling analysis and add 

monitors in the Marcellus Shale counties. There are no permanent air quality monitoring sites in 

the Marcellus Shale and Northern Tier counties. These areas should be protected. (1) 

Response: The significant drop in Title V revenue that has occurred recently is due to the 

installation of air pollution control equipment at Title V facilities, reductions in emissions from 

Title V facilities, the closure or deactivation of certain large facilities including electric 

generating units and significantly lower emissions from new facilities which are being built. The 

Department is able to purchase and operate air monitoring and other equipment using other funds 

in the Clean Air Fund and federal grant funds. The Department has recently installed a 

permanent air monitoring site in Bradford County. 

4. Comment: The commentators oppose the proposed increase in the Title V fee. (2, 3) 

Response: The Department is obligated to revise the Title V emission fee to maintain the 

federally mandated Title V permitting program. For instance, section 502(b) of the Clean Air 

Act (CAA), 42 U.S.C.A. § 7661a(b), requires the Department to adopt rules to require the 

owners and operators of sources subject to the requirement to obtain a Title V permit to pay an 

annual fee sufficient to cover all reasonable (direct and indirect) costs required to develop and 

administer the Title V permit program requirements. Similarly, section 6.3 of the Air Pollution 

Control Act (APCA), 35 P.S. §4006.3(a), authorizes the establishment of fees sufficient to cover 

the indirect and direct costs of administering the air pollution control plan approval process and 

operating permit program required by Title V of the CAA. 

As part of its evaluation of EPA Region 3’s oversight of Pennsylvania’s Title V Program, the 

EPA Office of Inspector General is currently collecting data regarding the adequacy of 

Pennsylvania’s Title V fee revenue. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 6 of C # 2980 

18 

The EPA could withdraw the Title V program approval granted in July 1996 if funds are not 

sufficient to cover program costs. Withdrawal of the Title V program approval would require the 

EPA to administer and enforce a Federal Title V Program in Pennsylvania; all Title V emission 

fees would be paid to the EPA instead of DEP. A program deficiency would need to be 

corrected within 18 months to avoid mandatory Clean Air Act (CAA) sanctions including 2-to-1 

emission offsets for the construction of major sources and loss of federal highway funds ($1.06 

billion in 2012 if the funds are not obligated for projects by the Federal Highway 

Administration). 

5. Comment: An increase of approximately 50% is unjustified and unreasonable. The 

manufacturing sector continues to slowly recover. An increase in fees could adversely impact 

employment and capital projects. (3) 

Response: The proposed $85 per ton Title V emission fee is 48% higher than the fee assessed in 

2013 for emissions during the 2012 calendar year. This higher fee is necessary to ensure that the 

fees are sufficient to cover the direct and indirect costs of administering the program. The 

number of permitting actions for major facilities is expected to increase due to the 

implementation of additional federal requirements. The Department anticipates an increased 

work load due to the implementation of new or revised federal regulations including, but not 

limited to, the following: 

• Maximum Achievable Control Technology (MACT) standards for boilers 

• MACT for electric generating units 

• MACT for Commercial and Industrial Solid Waste Incinerators 

• MACT for Reciprocating Industrial Combustion Engines 

• Area source MACT standards 

• New Source Performance Standards (NSPS) including for the natural gas industry 

• NSPS for Sewage Sludge Incinerators 

• NSPS for Kraft Pulp and Paper Mills 

• NSPS for Hospital Medical Infectious Waste Incinerators 

• National Ambient Air Quality Standards (NAAQS) for Lead (revised November 12, 

2008, 73 FR 66964) 

• NAAQS for fine Particulate Matter (PM2.5) (revised October 17, 2006, 71 FR 61144) 

• NAAQS for fine Particulate Matter (PM2.5) (revised January 15, 2013, 78 FR 3086) 

• NAAQS for Nitrogen Dioxide (revised February 9, 2010, 75 FR 6474) 

• NAAQS for Ozone (revised March 27, 2008, 73 FR 16436) 

• Title V Permit Renewal 

• Incorporation of new applicable requirements in Title V permits 

• Reasonably Available Control Technology 

The implementation of certain federal rules may require state regulatory action to attain and 

maintain the NAAQS. Implementation of the NAAQS requires development of revisions to the 

SIP, emission inventories, ambient air modeling, inspections of sources, demonstrations to the 

EPA of adequate Department resources to implement the standards and programs, 

demonstrations to the EPA that emissions in Pennsylvania will not contribute significantly or 

interfere with maintenance to downwind nonattainment areas, and revisions to operating permits. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 7 of C # 2980 

18 

The Department has provided the justification needed to support the fee increase. Adequate 

funding will assure the regulated industry that their plan approval applications and permits are 

reviewed in a timely manner, sustaining their profitable business and maintaining jobs. 

Attaining and maintaining public health and welfare goals will attract and retain residents needed 

to fill the jobs created by the regulated industries and small businesses. Maintaining a healthy 

environment will benefit the agricultural and tourism industries, both of which provide many 

jobs. 

The proposed increase to the Title V annual emission fee will assure the residents of this 

Commonwealth that the Commonwealth’s air pollution control program is adequately funded for 

the next few years. The anticipated increased revenues will allow the Department and approved 

local air pollution control agencies to continue providing adequate oversight of the air pollution 

sources in this Commonwealth and take action, when necessary, to reduce emissions to achieve 

healthful air quality and ensure continued protection of the environment and the public health 

and welfare of the residents of this Commonwealth. 

6. Comment: Imposing a spike or jolt in the Title V emissions fee without phasing the increase 

in is inappropriate. (3) 

Response: The Department did investigate the potential for increasing the Title V emission fee 

in phases. However, a phased-in emission fee increase would not address the projected deficit in 

the Clean Air Fund Title V Major Emission Facilities Account. A deficit of $7,235,000 is 

projected for the Title V Major Emission Facilities Account by the end of fiscal year 2015-2016 

if the $85 per ton emission fee is not adopted by the Board and published as final rulemaking in 

the Pennsylvania Bulletin. (The deficit may be greater should natural gas displace additional 

coal-fired electric generation in the next few years.) Funds sufficient to support the program 

need to be collected before the fund is in deficit. As a result, the Board proposed the Title V fee 

amendment of $85 at 43 Pa.B. 677 (February 2, 2013). The Department is also committed to 

reviewing the entire air quality fee structure including application fees for plan approvals and 

operating permits (including Title V operating permits), risk assessments, base fees, etc., to 

assure the adequacy of the fees collected to administer the air program. 

7. Comment: The current and proposed fee structure assumes that the amount of emissions 

correlate directly with the amount of resources needed to administer the Title V program. This is 

not true, as a smaller but more complex source may be more demanding of the Department’s 

resources. (3) 

Response: The Department agrees that the Title V annual emission fee is not directly related to 

the total quantity of emissions released from a facility and that a lower emitting facility may not 

be paying a fee representative of the administrative resources dedicated to that lower emitting 

facility. The Department has stated that it intends to conduct a comprehensive review of all air 

quality fees in order to develop an equitable and sustainable fee program. However, at this time, 

the most equitable and feasible approach to this issue is to ensure that the Title V fee revenues 

adequately cover the expense of the program. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 8 of C # 2980 

18 

8. Comment: The fees are substantially out of line with fees collected in other states with a 

strong manufacturing base. (3) 

Response: The Department disagrees. The proposed fee is similar to those in other states and 

will not place the Commonwealth at a competitive disadvantage. In some cases, the 

Commonwealth will be very competitive and may be able to draw new industry on the basis of 

having a lower Title V annual emission fee than nearby states. This could serve to increase total 

Title V fee revenue if there are more sources subject to the annual emission fee. 

All states are required by the CAA to collect Title V annual emission fees and to adjust the fees 

annually based on the Consumer Price Index. Several nearby states have already taken action to 

address the issue of declining revenues due to declining emissions of regulated pollutants. 

Connecticut, Maryland, New York, and New Jersey no longer limit emission fee applicability to 

4,000 tons per regulated pollutant. In 2013, Connecticut’s Title V emission fee is $301.09 per 

ton of emissions of regulated pollutant based on an “Inventory Stabilization Factor,” upwards 

from a fee of $283.46 per ton imposed in 2012 and with no cap on the amount of emissions of 

regulated pollutants subject to this fee. The Connecticut fee is adjusted periodically to ensure 

that collected Title V annual emission fee revenue is adequate for at least 2 years of permit 

program operating costs. In 2012, New York assessed a Title V annual emission fee ranging 

from $45 per ton of regulated pollutant for emissions of less than 1,000 tons per year to $65 per 

ton of regulated pollutant for emissions of more than 5,000 tons per year; the fee is applied to 

emissions up to 7,000 tons of any regulated pollutant. The New York Title V emission fee for 

2013 has not changed from the 2012 level. For 2013, the state of New Jersey imposes a Title V 

annual emission fee of $112.07 per ton of regulated pollutant with no cap on emissions. 

Maryland’s 2013 Title V fee is $55.70 plus a $200 base fee; Maryland has no cap on the amount 

of emissions of regulated pollutants subject to the fee. West Virginia’s 2013 Title V annual 

emission fee is $31.87 per ton of regulated pollutant with a 4,000 ton cap. Virginia’s 2013 Title 

V annual emission fee is $58.88 per ton of regulated pollutant (4,000 ton cap); further, in 2012 

Virginia established additional Title V facility fees including yearly maintenance fees ranging 

from $1,500 to $10,000 and Title V Permit application and Title V Permit renewal fees of 

$20,000 and $10,000, respectively. 

9. Comment: The commentator recommends that the EQB consider a facility cap as opposed to 

a fee per pollutant cap. (3) 

Response: The fee per pollutant cap of 4,000 tons of any regulated pollutant is established in 

section 502(b) of the CAA and section 6.3 of the APCA. While certain states including 

Connecticut, Maryland, New York, New Jersey, and North Carolina have increased or eliminated 

the fee per pollutant cap for Title V emissions, any revision to the cap in Pennsylvania would 

require legislative action and is beyond the scope of the proposed rulemaking. The Department 

acknowledges that there are alternatives that will be examined as part of the comprehensive fee 

review, but those alternatives must be within the boundaries of the APCA. 

10. Comment: Imposing an increase for the current calendar year is essentially a “retroactive 

tax.” The regulated community did not have prior knowledge of the proposal. (3) 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 9 of C # 2980 

18 

Response: The Department disagrees with the assertion that the Title V annual emission fee is a 

tax. The Department of Environmental Protection does not have the authority to establish taxes. 

The General Assembly retains the authority to propose and pass bills which establish taxes. 

Moreover, the Department is statutorily mandated under both the APCA and CAA to establish 

fees to ensure the continued viability of the air quality program. 

The Board first proposed a Title V fee amendment in 2009 at 39 Pa.B. 6049 (October 17, 2009) 

and adopted the fee in November 2010. However, the final-form regulation was withdrawn by 

the Board in December 2011 from consideration by the IRRC. While the 2009 proposal was not 

finalized, the regulated community has been on notice of the need for additional fees. The 

current proposed fee amendment was available following consideration by the Board in 

November 2012 and subsequent publication in the Pennsylvania Bulletin in February 2013. In 

accordance with applicable law and regulations, the Board provided sufficient notice of the 

proposed fee increase, which allows companies to adequately plan for the increase based on 

2013 emissions. Furthermore, the emission fees required by this amendment are due on or 

before September 1 of each year for emissions from the previous calendar year. Consequently, 

the Title V fee for emissions of regulated pollutants occurring during the 2013 calendar year 

does not need to be paid until September 1, 2014. This is not retroactive. 

11. Comment: The reduction in emissions and the shutdown of sources will reduce the 

Department’s workload and should reduce the need for additional fees. (3) 

Response: The announced facility shutdowns will not reduce the Department’s workload. 

Proposed shutdowns in coal-fired power plants are being offset by the proposed construction of 

additional natural gas-fired power plants. To date there are nine plan approval applications in 

various stages of approval with the Department related to the construction of new natural gasfired power plants. The DEP air program staff must continue to implement the air pollution laws 

and regulations, issue plan approvals and operating permits including renewals and amendments, 

conduct facility inspections, respond to complaints, assess the risks of hazardous air pollutant 

emissions, and monitor the ambient air in the Commonwealth. Air program staff operate and 

maintain a source testing program to ensure compliance with applicable requirements. 

Significant staff resources have been devoted to permitting and inspection of unconventional 

natural gas development activities. Further, the Department projects an increased workload due 

to the implementation of new or revised federal regulations including, but not limited to, the 

following: 

• Maximum Achievable Control Technology (MACT) standards for boilers 

• MACT for electric generating units 

• MACT for Commercial and Industrial Solid Waste Incinerators 

• MACT for Reciprocating Industrial Combustion Engines 

• Area source MACT standards 

• New Source Performance Standards (NSPS) including for the natural gas industry 

• NSPS for Sewage Sludge Incinerators 

• NSPS for Kraft Pulp and Paper Mills 

• NSPS for Hospital Medical Infectious Waste Incinerators 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 10 of C # 2980 

18 

• National Ambient Air Quality Standards (NAAQS) for Lead (revised November 12, 

2008, 73 FR 66964) 

• NAAQS for fine Particulate Matter (PM2.5) (revised October 17, 2006, 71 FR 61144) 

• NAAQS for fine Particulate Matter (PM2.5) (revised January 15, 2013, 78 FR 3086) 

• NAAQS for Nitrogen Dioxide (revised February 9, 2010, 75 FR 6474) 

• NAAQS for Ozone (revised March 27, 2008, 73 FR 16436) 

• Title V Permit Renewal 

• Incorporation of new applicable requirements in Title V permits 

• Reasonably Available Control Technology 

Implementation of the new and revised federal permitting rules (MACT and NSPS) will require 

increased numbers of inspections and permitting actions and outreach to and education of the 

impacted industry. These federal rules may require promulgation of new or revision to existing 

state regulations. Implementation of the revised NAAQS requires development of revised 

attainment and maintenance SIPs, emission inventories, ambient air modeling, inspections of 

affected facilities and sources, demonstrations to the EPA of adequate Department resources to 

implement the standards and programs, demonstrations to the EPA that emissions in 

Pennsylvania will not contribute significantly to or interfere with maintenance to downwind 

nonattainment areas, and may require adoption of new or amendments to existing state 

regulations and revisions to operating permits. The revisions to the various NAAQS also, in 

some cases, require the installation of additional ambient air monitors to the existing monitoring 

network. Implementation of these new federal regulations and revised NAAQS and the 

necessary infrastructure will require significant education of and outreach to the impacted 

industries and the public. 

12. Comment: The EQB and Department fail to recognize the inordinate regulatory costs borne 

by the manufacturing industry. The number of significant federal and state rulemakings has 

resulted in significant costs to the regulated community. The analysis done to support the Title 

V emission fee increase does not include the impact of these other regulations on industry. (3) 

Response: The Department acknowledges the number of new or revised regulations that impact 

manufacturing facilities. However, the CAA and APCA require the Department to establish a 

Title V fee structure that is sufficient to cover the cost of the Title V permitting program. 

13. Comment: The resources needed to issue renewed Title V permits and to administer the 

program are less than the resources needed to issue new Title V permits. The EQB analysis does 

not address the reduction of resources needed to implement the program. (3) 

Response: The issuance of a renewed Title V permit is not a simple matter. As stated in the 

commentator’s letter, there have been a significant number of regulatory changes on the federal 

and state levels that must be reviewed and analyzed for applicability to and compliance for each 

Title V permit application. See Response to Comment 11. 

14. Comment: The majority of the proposed increase of fees would inequitably be absorbed by 

a few manufacturing facilities and is not commensurate with DEP’s resources needed to 

administer the program. The commentator notes that 40% of the Title V fees paid in Allegheny 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 11 of C # 2980 

18 

County would be paid by one company. This is not commensurate with the resources needed to 

administer the Title V program. (3) 

Response: The commentator is correct that the owners/operators of a few major emitting 

facilities will pay a large portion of the Title V emission fees assessed by the air program. 

However, the commentator’s facilities are also among the highest emitting facilities in Allegheny 

County. One of the facilities is located in an area that does not attain the 1-hour PM2.5 healthbased NAAQS. The monitor in this nonattainment area measures ambient levels of fine 

particulates that are the second highest in the nation. Consequently, the regulatory agencies do 

focus significant resources to these facilities. The Department agrees that the fee structure 

established by the APCA needs to be reviewed as part of the analysis of all air quality fees that 

will be conducted over the next 2 years. However, at this time, the most equitable and feasible 

approach to this issue is to ensure that the Title V annual emission fee revenues adequately cover 

the expense of the program until a revised fees structure can be finalized. 

15. Comment: The proposed Title V emission fee increase would be a disincentive to build or 

expand a significant manufacturing facility in Pennsylvania. (3) 

Response: The Department disagrees that the proposed increase to the Title V annual emission 

fee would be, by itself, a disincentive to build or expand significant manufacturing facilities in 

Pennsylvania. Owners or operators of major manufacturing facilities are considering locating in 

Pennsylvania. The decision by a business owner/operator to locate in this Commonwealth 

considers many factors, including available labor, taxes, access to resources and transportation, 

and location of the target market, when making the decision about whether to locate in the 

Commonwealth. Moreover, the fee increase is in line with or less than recent increases 

implemented by certain states. See Response to Comment 8. 

16. Comment: The commentator supports the Department’s decision to not establish a fee 

structure for carbon dioxide and greenhouse gases. (2) 

Response: The Department thanks the commentator for their support of the decision. As stated 

in the Pennsylvania Bulletin proposed rulemaking notice, the proposed rulemaking does not 

establish a fee structure for carbon dioxide and other greenhouse gases (GHG) including 

hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride. On June 

3, 2010, the EPA finalized the Prevention of Significant Deterioration and Title V Greenhouse 

Gas Tailoring Rule (Tailoring Rule). See 75 FR 31514 (June 3, 2010). As the Tailoring Rule 

relates to the applicability of Title V annual emission fees for a ''regulated pollutant'' as defined 

in section 502 of the CAA, the EPA did not mandate revisions to state and local Title V 

programs to account for these emissions. The EPA reasoned that it would be difficult to apply 

the Title V fee to GHG gases, based on the large amount of GHG emissions relative to other 

pollutants and the need for better data to establish a GHG-specific fee amount. However, the 

EPA did commit to addressing this issue in a future rulemaking and to work with states to 

develop a workable fee approach. The EPA has not yet proposed a fee schedule under the CAA 

for GHG emissions. Consequently, the Board did not propose to impose Title V emission fees 

for GHG emissions from stationary sources in this Commonwealth. 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 12 of C # 2980 

18 

17. Comment: The commentator urges the EQB to make any Title V emission fee increase 

temporary. The commentator notes that the economy fluctuates and the ongoing recession is 

expected to be temporary in nature. The Title V fee revenue will return once the economy 

improves. (2) 

Response: The Department agrees that the economy fluctuates and that the recession is 

expected to be temporary in nature. However, the reduction in Title V emission fee revenue is 

expected to continue to decline due mainly to the closure of certain large coal-fired electric 

generating units and the replacement of these facilities with lower emitting natural gas-fired 

power plants. As a result, Title V fee revenue is not expected to return to previous levels once 

the economy improves. Therefore, the proposed Title V fee revision must be promulgated to 

cover the cost of administering the Title V program. The Department did state at the November 

20, 2012, EQB meeting that a Title V program supported solely by emission fees may not be the 

most appropriate approach to ensure the future viability of the program. The fundamental issues 

associated with the rulemaking are that the Department is required to assess fees to cover the 

costs associated with the Title V program and that the Department is facing imminent Title V 

program budget deficits. The rulemaking provides a “bridge” for the Department to address its 

imminent budget needs while allowing the Department and interested stakeholders sufficient 

time to examine the most appropriate means to support the Title V program in the future as new 

air pollution control technologies, the abundance of natural gas, and the retirement of coal-fired 

power plants continue to reduce emissions of regulated pollutants. 

18. Comment: The commentator questions why the same numbers of Department staff are 

needed for inspections when the number of Title V facilities is decreasing. The commentator 

disagrees with the assumption that fewer inspectors equates to less environmental protection. (2) 

Response: The Department agrees that there has been a reduction in the number of Title V 

facilities. However, this reduction in the number of Title V facilities does not have a direct 

impact on the number of inspectors needed. This is because the inspections have become more 

complex, taking longer to conduct and to document than inspections that occurred at the start of 

the program in the early 1990s. As stated in the response to comment 13, the number and 

complexity of regulations have increased, thereby increasing the staff time needed to inspect 

Title V facilities and assist owners/operators with compliance questions. 

19. Comment: The commentator states that the increase in Title V emission fees would slow 

the economic recovery and would have an impact on small businesses that provide services to 

the major Title V facilities. The payment of the increased Title V emission fees may result in 

less employment of citizens of the Commonwealth. The commentator requests that the EQB 

consider delaying implementation of the fee by 1 year or implementing the increase over several 

years. (2) 

Response: The Department has analyzed the solvency of the Clean Air Fund Title V Major 

Emission Facilities Account and determined that there will not be sufficient funds to sustain the 

Title V permitting program beginning in fiscal year 2015-2016. Failure to address the Title V 

revenue shortfall now will result in a program without sufficient funds to operate. This in turn 

will have significant impacts on regulated industry, including the delay in revising and 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 13 of C # 2980 

18 

addressing plan approvals and operating permits including renewals and amendments. There 

will not be sufficient staff to conduct facility inspections, respond to complaints, assess the risks 

of hazardous air pollutant emissions, monitor the ambient air in the Commonwealth, and operate 

and maintain a source testing program to ensure compliance with applicable requirements. All 

of these factors could contribute to a loss of employment opportunities and slow the economic 

recovery in this Commonwealth. The Board first proposed a Title V annual emission fee 

increase in 2009, thereby providing notice to the affected owners/operators of Title V facilities of 

the need to address the revenue shortfall. Further, payment of the emission fees for emissions 

occurring in calendar year 2013 will not be due until September 1, 2014, 19 months after 

publication of the rulemaking notice on February 2, 2013, proposing the increase in the Title V 

annual emission fee to $85 per ton of emissions of any regulated pollutant up to 4,000 tons of 

emissions of regulated pollutant. 

20. Comment: Failure to cover the Title V program costs will have several negative 

consequences, the most notable being significant staffing reductions, which would cause delays 

in processing and issuing plan approvals, fewer inspections and enforcement actions, and slower 

complaint response. Inadequate funding will impact the air monitoring network and could 

impact the Small Business Compliance program. (4) 

Response: The Department agrees with the comment. Failure to adequately fund the Title V 

program will result in loss of program staff and cause the impacts stated by the commentator. 

These potential consequences are the primary reason for this rulemaking. 

21. Comment: The EQB should impose an emission fee that will adequately cover costs 

associated with administering the air program. The EQB could impose a fee higher than $85 per 

ton and still remain below the level charged by several other states. (4) 

Response: The Department agrees that a higher fee could have been proposed. The Department 

has stated that the proposed revision to the Title V annual emission fee will provide a “bridge” to 

allow additional time for the Department to develop a comprehensive fee structure for the air 

quality program. To only rely upon a higher emission fee in the future will result in a relatively 

small number of sources paying the majority of the fees which, from a practical standpoint, is 

forcing those facilities to subsidize the other facilities. 

22. Comment: Another option for increasing revenue to the Title V program is to either raise 

or eliminate the 4,000 ton cap. (4) 

Response: The Department agrees. The recommendation to raise or eliminate the 4,000 ton cap 

would increase Title V revenue. This approach has been enacted in a number of states including 

Connecticut, Maryland, New York, New Jersey, and North Carolina. However, the cap is 

established in section 6.3 of the APCA. A revision to the cap would require legislative action 

and is beyond the scope of the proposed rulemaking. 

23. Comment: An option to cover Title V program costs would be to increase permit and 

administration fees in addition to the proposed increase in the Title V annual emission fee. (4) 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 14 of C # 2980 

18 

Response: The Department will conduct a comprehensive evaluation of the air quality funding 

to determine the best long-term option for supporting the program. The evaluation will look at 

all options including increasing permit and administration fees. 

24. Comment: IRRC requests the EQB explain whether the proposed increase is only a 

temporary solution. Will the regulation result in the air quality program operating at a loss again 

in just 2 years? (5) 

Response: The Department affirms that the proposed increase to the Title V annual emission fee 

is not a permanent solution to funding the air quality program. The current Comparative 

Financial Statement for the Clean Air Fund shows that the Title V Major Emission Facilities 

Account will have a negative balance at the end of fiscal year 2015-2016. As noted in the 

minutes of the November 20, 2012, EQB meeting, the rulemaking provides a “bridge” for the 

Department to address its imminent budget needs while allowing the Department and interested 

stakeholders sufficient time to examine the most appropriate means to support the Title V 

program in the future as new air pollution control technologies, the abundance of natural gas, and 

the retirement of coal-fired power plants continue to reduce emissions of regulated pollutants. 

25. Comment: IRRC questions whether the 4,000 ton cap should be maintained in its current 

form. (5) 

Response: As stated in the response to comment 22, the cap is established in section 6.3 of the 

APCA and section 502 of the CAA. A revision to the cap would require legislative action. The 

Department agrees that a revision to the cap is an option that should be reviewed in the program 

reanalysis. However, the Board cannot revise the cap through a regulatory revision. A revision 

to the cap can only be accomplished through legislative action by the General Assembly. 

26. Comment: IRRC questions why the reduction in air emissions has not resulted in a 

commensurate reduction in the cost of enforcement. (5) 

Response: The Department acknowledges that the number of Title V facilities has decreased 

since the beginning of the program in the early 1990s. As described in the response to comment 

11, the number and complexity of regulations have increased, increasing the staff time needed to 

inspect Title V facilities and assist owners/operators with compliance questions. The DEP air 

program staff must continue to implement the air pollution laws and regulations, issue plan 

approvals and operating permits including renewals and amendments, conduct facility 

inspections, respond to complaints, assess the risks of hazardous air pollutant emissions, and 

monitor the ambient air in the Commonwealth. Air program staff operate and maintain a source 

testing program to ensure compliance with applicable requirements. Further, the Department 

projects an increased workload due to the implementation of new or revised federal regulations 

including, but not limited to, the following: 

• Maximum Achievable Control Technology (MACT) standards for boilers 

• MACT for electric generating units 

• MACT for Commercial and Industrial Solid Waste Incinerators 

• MACT for Reciprocating Industrial Combustion Engines 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 15 of C # 2980 

18 

• Area source MACT standards 

• New Source Performance Standards (NSPS) including for the natural gas industry 

• NSPS for Sewage Sludge Incinerators 

• NSPS for Kraft Pulp and Paper Mills 

• NSPS for Hospital Medical Infectious Waste Incinerators 

• National Ambient Air Quality Standards (NAAQS) for Lead (revised November 12, 

2008, 73 FR 66964) 

• NAAQS for fine Particulate Matter (PM2.5) (revised October 17, 2006, 71 FR 61144) 

• NAAQS for fine Particulate Matter (PM2.5) (revised January 15, 2013, 78 FR 3086) 

• NAAQS for Nitrogen Dioxide (revised February 9, 2010, 75 FR 6474) 

• NAAQS for Ozone (revised March 27, 2008, 73 FR 16436) 

• Title V Permit Renewal 

• Incorporation of new applicable requirements in Title V permits 

• Reasonably Available Control Technology 

Implementation of the new and revised federal permitting rules (MACT and NSPS) will require 

increased numbers of inspections and permitting actions and outreach to and education of the 

impacted industry. These federal rules may require promulgation of new or revision to existing 

state regulations. Implementation of the revised NAAQS requires development of revised 

attainment and maintenance SIPs, emission inventories, ambient air modeling, inspections of 

affected facilities and sources, demonstrations to the EPA of adequate Department resources to 

implement the standards and programs, demonstrations to the EPA that emissions in 

Pennsylvania will not contribute significantly to or interfere with maintenance to downwind 

nonattainment areas, and may require adoption of new or amendments to state regulations and 

revisions to operating permits. The revisions to the various NAAQS also, in some cases, require 

the installation of additional ambient air monitors to the existing monitoring network. 

Implementation of these new federal regulations and revised NAAQS and the necessary 

infrastructure will require significant education of and outreach to the impacted industries and 

the public. 

27. Comment: Did the EQB explore offsetting all or a portion of the proposed increase through 

cost reductions? (5) 

Response: The Department has made significant cost reductions in the Title V program. The 

Department has eliminated or postponed the purchase of fixed assets. The Department has 

reallocated program costs to the Mobile and Area Facilities Account of the Clean Air Fund 

where permissible to prolong the solvency of the Title V Major Emission Facilities Account. For 

example, the Department transferred $485,000 of expenditures from the Title V Major Emission 

Facilities Account to the Mobile and Area Facilities Account of the Clean Air Fund in fiscal year 

2012-2013. These expenditures included staff training, certain travel expenses, computer and 

computer software purchases, health certifications, and certain utility charges. For fiscal year 

2013-2014, the Department will transfer $240,000 in operating expenses to the Mobile and Area 

Facilities Account of the Clean Air Fund and reduce computer systems support spending by 

$150,000. The Department will continue to look for cost reductions that can be implemented 

without negatively impacting the Title V permitting program. In prior years, costs including 

staff training, certain travel expenses, computer and computer software purchases, health 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 16 of C # 2980 

18 

certifications, and certain utility charges were "split coded" appropriately between Title V and 

Non-Title V accounts of the Clean Air Fund. In order to assure the solvency of the Title V 

account for an extended period, the total cost of certain expenditures was transferred to the NonTitle V account in the Clean Air Fund. 

28. Comment: If the reduction of air emissions does not result in a reduction of enforcement 

costs, how is the fee method put in place in 1994 viable today and into the future? (5) 

Response: As stated in the response to comment 24, the Department recognizes that the 

proposed increase to the Title V annual emission fee is not a permanent solution to funding the 

Title V program. The current Comparative Financial Statement for the Clean Air Fund shows 

that the Title V Major Emission Facilities Account will have a negative balance at the end of 

fiscal year 2015-2016. As noted in the minutes of the November 20, 2012, EQB meeting, the 

rulemaking provides a “bridge” for the Department to address its imminent budget needs while 

allowing the Department and interested stakeholders sufficient time to examine the most 

appropriate means to support the Title V program in the future as new air pollution control 

technologies, the abundance of natural gas, and the retirement of coal-fired power plants 

continue to reduce emissions of regulated pollutants. 

29. Comment: How did the EQB consider the financial impact for businesses? Could the fee 

increase be a disincentive to build or expand in Pennsylvania? How will the fee increase affect 

employment? Could these factors result in a net loss of revenues if a business closes in 

Pennsylvania? (5) 

Response: In answering these questions, the Board will consider whether an increase to the 

Title V annual emission fee would put Pennsylvania businesses at a competitive disadvantage 

with comparable businesses in the surrounding states or draw business and employment 

opportunities away from the Commonwealth. The Department finds that in some cases, the 

Commonwealth would be very competitive and may be able to draw new industry on the basis of 

having a lower Title V annual emission fee than nearby states. 

For instance, several nearby states have already taken action to address the issue of declining 

revenues due to declining emissions of regulated pollutants. Connecticut, Maryland, New York, 

and New Jersey no longer limit emission fee applicability to 4,000 tons per regulated pollutant. 

In 2013, Connecticut’s Title V emission fee is $301.09 per ton of emissions of regulated 

pollutant based on an “Inventory Stabilization Factor,” upwards from a fee of $283.46 per ton 

imposed in 2012 and with no cap on the amount of emissions of regulated pollutants subject to 

this fee. The Connecticut fee is adjusted periodically to ensure that collected Title V annual 

emission fee revenue is adequate for at least 2 years of permit program operating costs. In 2012, 

New York assessed a Title V annual emission fee ranging from $45.00 per ton of regulated 

pollutant for emissions of less than 1,000 tons per year to $65 per ton of regulated pollutant for 

emissions of more than 5,000 tons per year; the fee is applied to emissions up to 7,000 tons of 

any regulated pollutant. The New York Title V emission fee for 2013 has not changed from 

2012 levels. For 2013, the state of New Jersey imposes a Title V annual emission fee of $112.07 

per ton of regulated pollutant with no cap on emissions. In 2013, Maryland’s Title V annual 

emission fee is $55.70 plus a $200 base fee; Maryland has no cap on the amount of emissions of 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 17 of C # 2980 

18 

regulated pollutants subject to the fee. West Virginia’s 2013 Title V annual emission fee is 

$31.87 per ton of regulated pollutant, with a 4,000 ton cap. Virginia’s 2013 Title V annual 

emission fee is $58.88 per ton of regulated pollutant (4,000 ton cap); further, in 2012 Virginia 

established additional Title V facility fees including yearly maintenance fees ranging from 

$1,500 to $10,000 and Title V Permit application and Title V Permit renewal fees of $20,000 and 

$10,000, respectively. 

Moreover the Department does not believe that the revision to the Title V annual emission fee, 

by itself, will be a disincentive for businesses to build or expand in Pennsylvania. The decision 

by a business owner or operator to locate in the Commonwealth considers many factors, 

including available labor, taxes, access to resources and transportation, and location of the target 

market, when making the decision about whether to locate in the Commonwealth. The 

Commonwealth has been able to and continues to attract businesses and major manufacturing 

facilities. The Department believes that providing funding for a sustainable Title V program will 

eliminate doubts and concerns of the owners or operators of Title V facilities as to the ability to 

obtain a permit and the viability of the services provided by the Department. 

30. Comment: Did the EQB consider a delay or phase-in of the increase to allow businesses 

time to accommodate the full impact? Why is it reasonable to impose the fee increase on 

emissions that already occurred in 2013? (5) 

Response: The Department did consider a delay and different years for the implementation of 

the increase to the Title V annual emission fee. However, assessing the revised fee on emissions 

of regulated pollutants occurring in calendar year 2013, due and payable by September 1, 2014, 

was chosen due to the projected budget deficit and anticipated retirement or deactivation of 

electric generating units that will have a significant negative impact on the Title V permitting 

program. Because of declining Title V emission fee revenue due to the installation of air 

pollution control technology on stationary sources and the retirement or curtailment of operations 

by major sources including coal-fired power plants, deficits of $7.235 million and $19.406 

million in fiscal years 2015-2016 and 2016-2017, respectively, are projected for the Title V 

Major Emission Facilities Account. 

The Department has analyzed the solvency of the Clean Air Fund Title V Major Emission 

Facilities Account and determined that there will not be sufficient funds to sustain the Title V 

permitting program beginning in fiscal year 2015-2016. Failure to address the Title V revenue 

shortfall now will result in a program without sufficient funds to operate. This will have 

significant impacts on industry, including the delay in revising and addressing plan approvals 

and operating permits including renewals and amendments since the Department will necessarily 

be forced to reduce staff in order to balance the budget. There will not be sufficient staff to 

conduct facility inspections, respond to complaints, assess the risks of hazardous air pollutant 

emissions, monitor the ambient air in the Commonwealth, and operate and maintain a source 

testing program to ensure compliance with applicable requirements. All of these factors could 

contribute to a loss of employment opportunities and slow the economic recovery in this 

Commonwealth. The Board first proposed a Title V annual emission fee increase in 2009, 

thereby providing notice to the affected owners and operators of Title V facilities of the need to 

address the revenue shortfall. Further, payment of the emission fees for emissions occurring in 
Air Quality Title V Fee Amendment Comment Response 

EQB # 7-478 IRR 18 of C # 2980 

18 

calendar year 2013 will not be due until September 1, 2014, 19 months after publication on 

February 2, 2013, of the rulemaking notice proposing the increase in the Title V annual emission 

fee to $85 per ton of emissions of any regulated pollutant up to 4,000 tons of emissions of 

regulated pollutant. 

31. Comment: The EQB should explain how the costs imposed by the fee increase are 

justifiable compared to the benefits the fees produce. (5) 

Response: Retaining sufficient staff (including permitting, monitoring, enforcement, source 

testing and legal personnel) to support the Title V permitting program is a critical component of 

improving air quality within this Commonwealth and assuring compliance with the health- and 

welfare-based NAAQS. The benefits to Commonwealth residents of attaining and maintaining 

the NAAQS are significant. The EPA has estimated the monetized health benefits of attaining 

ambient air quality standards. For example, the EPA estimated that the monetized health 

benefits of attaining the 8-hour ozone standard of 0.075 ppm range from $8.3 billion to $18 

billion on a national basis. See Regulatory Impact Analysis, Final National Ambient Air Quality 

Standard for Ozone, July 2011, http://www.epa.gov/glo/pdfs/201107_OMBdraft-OzoneRIA.pdf. 

Prorating that benefit to the Commonwealth, based on population, results in a public health 

benefit of $337 million to $732 million. The projected costs of increased Title V annual 

emission fees ranging from $5,830,000 in fiscal year 2014-2015 to $4,237,000 in fiscal year 

2018-2019 to regulated industry Commonwealth-wide pale by comparison. The Department is 

not stating that these estimated monetized health benefits would all be the result of increasing the 

Title V annual emission fee, but the EPA estimates are indicative of the benefits to 

Commonwealth residents of attaining the NAAQS. Ensuring that there are sufficient staff and 

resources to implement the Title V permitting program is one part of the overall air quality 

program to attain and maintain the NAAQS in this Commonwealth. 

Adequate funding will assure the regulated industry that their plan approval applications and 

permits will be reviewed in a timely manner, sustaining their profitable business and maintaining 

jobs. Attaining and maintaining public health and welfare goals will attract and retain residents 

needed to fill the jobs created by the regulated industries and small businesses. Maintaining a 

healthy environment will benefit the agricultural and tourism industries, both of which provide 

many jobs. All of these situations will increase tax revenues to the Commonwealth. 

Implementing the proposed increase to the Title V annual emission fee will assure the residents 

of this Commonwealth that the Commonwealth’s air pollution control program is adequately 

funded for the next few years. The anticipated increased revenues will allow the Department and 

approved local air pollution control agencies to continue providing adequate oversight of the air 

pollution sources in this Commonwealth and take action, when necessary, to reduce emissions to 

achieve healthful air quality and ensure continued protection of the environment and the public 

health and welfare of the residents of this Commonwealth. 
Department of 

Environmental Protection 

COMMONwl:ALTH OF PENNSYLVANIA 

3TD-521 REV, 06-2010 

PUBLICATIONS AUTHORIZATION AND INVOICE 

PUBLICATIONS AUTHORIZATION 

TO: (NAME AND ADDRESS Of NEWSPAPfW 

Delaware County DailyTimes 

500 Mildred Avenue 

Primos, PA 19018 

EMPLOY 

1xOnly 

I 

January 31, 2013 

CONTRACT r SELL 

: (NAME AND ADDRESS OF AGENCY) 

Alex Haas 

PA-DEP/BAQ 

400 Market Street 

H::Irri<:hllrt1 PA 171 O'i 

r CLASSIFIED 

INVOICE 'r:EB 0 8 2013 

.. � 

II 

IX LEGAL NOTICE 

You, as vendor, are authorized to publish I i your newspaper, terms of this order, as follows: 

Advertisement to be published in regular advertising columns, no pOSition specified; caption of two lines and signature to be in 

capitals and subject matter and title of officer to be set solid in type regularly used by your newspaper for public (legal) notice 

advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and occupying 

similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any contract 

awarded to it hereunder, said vendor will not discriminate against any employee or other persons on account of race, color, sex, 

religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such discrimination, shall have the right to cancel said contract Return this copy at once if you will not accept this advertisement under 

the terms set forth. 

Return original and two copies (signed by the editor or publisher) to the agency listed above, Proof of advertising 

in the form of a tear sheet must be stapled to original and copies. Original must be notarized. 

Commonwealth to be billed only for actual number of printed lines published. 

SAP FUND COST CENTER GENERAL LEDGER ACCOUNT CODE 

SAP 2007712000 CC 3522710000 GL6343200 

1/03527127654 

INVOICE (To be completed by publisher): 

ACTUAL NO. OF PRINTED LINES COST PER LINE TOTAL AMOUNT 

1st Ad 

2nd Ad 

3rd Ad 

GRAND TOTAL-+ 

Commo ealth of Pennsylvania 

County of e.ia.war

 

Before me, the subscriber, a Notary Public in and for said County, personally came L\lnn h&heg 

% 

wh bei� d� sworn, doth depose and say that he is' Ql� 

. CiS 

the a general newspaper publishe M i Idrel

ltJle ,POfYL ,()(t/4d n 

that the ad ertisement, of which tearsheet is attached hereto, was published in the regular adve ising columns of said newspaper, 

in the editions of said newspaper, in all respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary advertiser for a similar amount of matter occupying similar space and set in a 

similar matter, in said newspaper. 1st 

"This affidavit must be made by the Owner, Publisher, or the deSignated agent of the owner or publisher. 

COMMONWEALTH O� PENNSYLVANIA 

Notarl.lSOal 

Kathleen Ragni, Notary Public 

upper Darby Twp" O<llaware County 

My Commission e:<plres March 2, 2015 

MEMBER, PENNSYLVANlA ASSOCIATION OF NOTARIES 
)).;)/ J;,._,,s 

I - s)- Z OI:S 

ENVIRONMENTAL Q!JALITV BOARD 

NOTICE OF PUBLIC HEARINGS 

Proposed Ainendments to Air Quality Regulations. 

< ' (25 Pa. Code Chapter 127) . . . Air Quality Title VFee Amendment 

The Environme0tal Quality Board (Board} will hold three pUblic hearings_ for·th·e- purpose of a~ceptin9 .~omnients oil _a proposed 

; rulemaking to amend 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval andoperatmg perm1tfees). 

:t The proposed rulemaking would amend § 127.705 (relating to' emission ·fees) to establisl:ra: base Titl_e V.annual emission-fee of $_85 ,, per ton for up to 4,000 tons of regulated pollutant, beginning with the fees· due by September 1,-2014, for e111issions fromTitle.V 

·'·' facilities in the 2013 calendar year. The initial base Title V_amwal emission fee;e_~tablished at 24 Pa.B. 5899, November 26, 1994, was 

:) $37 per ton of regulated pollutant up to 4,000 tons of each regulated .pollutant per Title V facility. As provided in § 12J.705{e), the 

,#. emission fee imposed under§ 127.705(a} has been increased in each year after November 26, 1994, by the Rercentage, if any, -~y 

_j_ which the Consumer Price Index for the most recent calendar·year·exceeds the Co.nsumer. Price Index for the previous calendar year. _4 Under the existing regulatory framework, the base· Title V annual.emission fee has not been revised since 1994._The TitleV annual s emission fee due Septell)ber 1, 2012, for emissions occurring in calendar year 2011 was $56 per ton of regulated pollutanUor up_ to '; 

~ 4,000 tons of each regulated pollutant. 

';f Minor clarifyiilg. amendments are pro~osed fo(§ 127.701 '(relatiilg to geriGral·provisions) ... The-'proposed rulemaking would revise'§ 

i- "127.70) to clarify that fees paid to the Department are deposited. into the Pennsylvania Clean Air Fund. The proposal wo~ld also make 

-~ additional-editorial. changes to this section. 

~ This proposed n.ilemaking wi!Lbe effective upOn finct_l-form ··publiCation in'the:Penhsylvania BUU9tin. 

~ The proposed i-ulemaking will bj:~ subniitted to the United StateS Environmental Protection Ag8n_cy upon final-form.publication.-for 

-,;; approval as a revision to the Commonwealth's State Implementation Plan or as an amendment to the Title. V Program Approval 

J~~~~ . . .. ·. . . ·1 4? CFR Part 70, Appendix A_ (relating to approval status Qf state and local operating permits prog~ams), as appropriate. 

J l!ublic Hearings . · fihe hearings will be held as follows: 

:rMarch 5, 2013 ·- · Department ofEnvironmerltal Protection, SouthWest Regiorial Office, Waterfront A 'Conference Room, ,, 1:p.m. · 400"Waterfront Drive, Pittsburgh, PA 15222,47 45 . ..· . . . . • 

~ -March 6, 2013 Department of Environmental Prot~ction, ~outh~ast R~_gio_naf·OffiCe,- DelaWare River Conference RoOm, -:q 1·p.m. 2 East Main Street, Norris~own, PA-19401 ;· -· · . · '-. . __ 

¥ ,j March 7, 2o13 Department of Environmental' ProtectiOn, Rachel carson State OffiCe Building, Conference Room 105 ! 1 p;m; · 400.Market Street, Harrisburg, PA 17105 . · . 

. Persdris_wishil19··to' present--testimony at ·a hearing are·reqi.Je.sted to contact the Environmental Quality Board,"P.O. Box.8477, j Harrisburg, PA 17105~8477, (717) 787-4526 .at least-1 w.eek m advance of-the·hearing to·reserve a time..to present testimony. Oral _ .. ,··testimony Js limited to 10 mihutes for each· witness. Witnesses are requested to submit three written.copies.oftheir oral testimony to ,J the hearing.chairperson at the hearing. Organizat(ons are limited to designating one witness to present testimony·on·their behalf.at !:i .each hearing. -:-:'f'---: . . ·- . . . 

~ PerSons in. need o_f accommpdations as piovide.d fo(inth·e Ainericans with Disabili-ties Act Ot 1990-s!lO-~!d contact the_ Bo_ard at{h_7), ~ 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 .. (TDD users) or (800) 654,5988 (voice users) to discuss .

1 J: how the 1;3oard may accommodate their nee~s. · , · - 1 Written Comments · · J lntei"ested persOns are. invited- to submit comments; suggestions or :objections reQarding the proposed- ruleniakin~ to. th6 

Q· Environmental Quality 8o9,rd, P.O.- Box 8477, Harrisburg, PA _17105~8477 (express mail: _Rachel Carson State Office Buildmg, 16th l 

~ Floor, 400 Market Street, Harrisburg,· PA 1710.1-2301). Comments- submitted by .facsimile will not be accepted. Comments, 

fi sugg~stions or objections must be received by the Board on or before AprilS, 201'3. Interested persons may·afso submit a summary of 

-a their.comments to the Board. The summary.may not_ exceed one page in length and must also be received on or. before AprilS, 20:13. ,

1 The one~page.summary will be provided to each. member of the Board in the agenda·packet di_stributed prior·to the meeting-at w~ich 

'i the; final r~gulation will be· considered. · . · . -

l .· :ereptronic_ CO~:Uments . . _ _ _ . _ _ ·· _ : . - __ . G:omments may be· _submitted electronically to' t!i_e Board· at RegComm_entS@pa.gov. and rnusf be received by the Board ·on: or- before ·.~ .. April 8, 2013. A subject heading of the proposal and a_ return_ name and ·address mtJst be included in each transmission, If the sender ~ -'da~s- not receive an acknowledgement of electronic comments within 2 working -days, the comments should be- retransmitted to the 

:g -J~o.ard to ensure receipt. . . , 

~ .G.e:piel; of the Proposal. . . _ .- _ . _ . ~ ;);h~ full text of the propo.~ed rulemaking will be published in the. Fe~ruary 2, 2013, iss.ue of the ~ennsy/vania ·Bulletin and will-be ~- avatlabfe.at www.pabulletln.com as well as on the Department of Envtronmental Protect1on's web s1tSc arwww.dep.state.pa.us (DEP 

Search/Keyword:-"Public Participation"; select "Public Participation Center"; then choose "Proposals Currently Open for Comment"). ~ Copies of the proposal may also be obtained from Dean Van Orden, Assistant Director, Bureau of Air Quality, .. P.O. Box 8468, Rachel -~· Carson State Office Buildil)g, Harrisburg, PA 17105~8468, by email at dvanorden@pa~gov or by phone at (717}783-8949. · 

MICHAEL KRANCER,Chairperson i 
Copy of Notice or Publication 

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Proof of Publication of Notice in Delaware County Daily Times 

Under Newspaper Advertising Act. No. 587, Approved May 16, 1929 

State of Pennsylvania, 

Connty of Delaware, } ss. 

LYN D. BETICHER designated agent of CENTRAL STATES PUBLlSHlNG, INC., 

being duly sworn, deposes and says that the DELAWARE COUNTY DAILY TIMES, a daily newspaper of general circulation. 

as defined in the above-mentioned Act, published at Primos, Delaware County, Pennsylvania, was established September 7, 

1876, and issued and published continuously thereafter for a period of 100 years and for a period of more than six months 

immediately prior bereto, (under the name Chester Times prior to November 2, 1959) in the City of Chester, County of 

Delaware and further says that the printed notice or publication attacbed hereto is an exact copy of a notice or publication 

printed and published in tbe regular edition and issues of the DELAWARE COUNTY DAILY TIMES on the following dates, 

viz ............................. "." .............................................................................. .. 

Jannary 31, A.D. 20 13 

and that said advertising was inserted in all respects as ordered. 

Affiant further deposes that be is tbe proper person duly authorized by CENTRAL STATES 

PUBLISHING, INC. publisher of said DELAWARE COUNTY DAILY TIMES, a newspaper of generlll circulation, to verify 

the foregoing statement under oath and that affiant Is not interested in the subject matter of the aforesaid notice or 

advertisement, and that all allegations In tbe foregoing statements as to time, place and character of publication are true. 

Sworn to and subscribed before me this 

31 day of January 20 13 

Notary Public 
DELAWARE COUNTY TIMES 

P.O. BOX 347 

PRIMOS, PA 19018 

Address Service Requested 

CUSTOMER NAME AND ADDRESS: 

PA DEPfBUREAU OF AIR QUALITY 

400 MARKET STREET 

12TH FLOOR 

PO BOX 8468 

HARRISBURG, PA 17105·8468 

00410521 MTW 086 QUALITY BOA 

128'132"2, MTW, ALEXANDER HAAS EMAIL 

DCW 

DEP BUREAU OF AIR 

okayed to 

CLASSIFIED ADVERTISING INVOICE 

ACCOUNT INFORMATION 

PHONE NO: 

ACCOUNT NO: 

DATE: 

TERMS: 

CLE 

FIRST NOTICE 

01/31/13 01/31/13 

717-787-9495 

893-0657493 

0113112013 

PAYABLE ON RECEIPT 

Page 1 of 1 

02 

••• THANK YOU FOR YOUR PROMPT PAYMENT'" 

BILliNG INQUIRIES 

CLASSIFIED ADVERTISING 

DISPLAY ADVERTISING 

SUBSCRIPTIONS 

WEB SITE 

877-573-0236 MON-FRI 8:30 AM - 5PM 

610-622-8800 MON-FRI 8:30 AM 5PM 

610-622-8865 MON-FRI 9:00 AM - 5PM 

888-799-6299 MON-FRI 6:00 AM - 5PM SAT/SUN 6-12:00PM 

DELCOTIMES.COM 

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DELAWARE COUNTY TIMES 

P.O. BOX 347 

PRIMOS, PA 19018 

Detach and return this portion with your payment. FIRST NOTICE 

Please do NOT include correspondence 

or write on this remittance form. PHONE NO: 717-787-9495 

ACCOUNT NO: 893-0657493 

ACCOUNT NAME: PA DEP/BUREAU OF AIR QUALITY 

AMOUNT PAID: $ 

CHECK# 

CLE 

MAIL PROMPTLY TO: 

1",11 .. 1,1 .. 1,111"", ,II" ,III, ,1,1",11, "11",11",11,,,11 

DELAWARE COUNTY DAILY TIMES 

P.O. BOX 1877 

ALBANY, NY 12201-1877 

893000CLE000000657493000000657493000000410521000084895000084895013120138 
gepartmefll UI 

Environmental Protection 

COMMONWEA.LTH OF PENNSYLVANIA 

510·521 REV. 06-2010 INVOICE NO. 

PUBLICATIONS AUTHORIZATION AND INVOICE Air ReSource Management 

PUBLICAT IONS AUTHORIZATION (To be c ompleted by agency): 

TO; (NAM�ANOAooAmOfNfW�PAP£R) 1.0. NO.ISOC. SEC. NO. FROM: (NAME AND ADORESS OF AGENCY) AGENCY i TELEPHONE NO. 

Erie Times-News ! 25·0839114 Alex Haas \ 717-787-9495 

Times Square PA - DEP IBAQ 

205 West 12th Street 400 Market Street 

Erie,PA 16534 G H;mi<:hHrtl PA 171nc; D 

HEREWITH IS ENCLOSED COPY fOR PUBliCATION 9F ADVERTISEMENT FOR PROPOSALS TO 

r EMPLOY r PURCHASE r CONTRACT r SELL 

PU8USH ADVERTISEMENT (NO. OF TIMES) 

1xDnly I MAXIMUM !;to. OF UNES DATE 

January 22, 2013 

I

lYPE OFADr 

OATES OF INSERTION SIGNATURE F AGENCY c.

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I 

! 

January31,2013 {l'jl/.7, .JZ tit/! 

CLASSIFIED 

I ORDER NO. 

IX LEGAL NonCE 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as follows: 

Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature to be in 

capitals and subject malter and title of officer to be set solid in type regularly used by your newspaper for public (legal) notice 

advertising: charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and occupying 

similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any contract 

awarded to it hereunder, said vendor will not discriminate against any employee or other persons on account of race, color, sex, 

religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such discrimination, shall have the right to cancel said contrac!: Return this copy at once if you will not accept this advertisement under 

the terms set forth. 

R eturn original and two copies (signed by the editor or publisher) to the agency listed above, Proof of advertising 

in the form of a tear sheet must be stapled to original and copies. Original must be notarized. 

Commonwealth to be billed only for actual number of printed lines published. 

SAP FUND 

SAP 2007712000 

I/O 3527127654 

INVOI CE (To be completed by publisher)' 

DATE OF INSERTION 

1stAd 1/8'& Il� 

2nd Ad 

3rd Ad 

Commonwealth of Pennsylvania 

COST CENTER 

CC 3522710000 

ACTUAL NO. OF PRINTED LINES 

L.l � 9, ;:

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a..c.Q r/" or, -\- � 

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GENERAL LEDGER ACCOUNT CODe 

GL 6343200 

COST PER LINE 

t. ) . 0 (") "nc.J-. 

GRAND TOTAL � 

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TOTAL AMOUNT 

131'cl.oO 

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13LCLOD 

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County of E r; e. � 

Before me, the subscriber, a Notary Public in and for said County, personally came L" s,,, f-{);croy-tvo 

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who being � sworn, doth depose and say that he is· g d�J A�d Cilo,e.o+ 

the t=:d e JiM, 5 e,/e.

,1) a general newspaper published at -:

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�,-_ P.�c..A,-_,:---:_-:c�,-:-_-:- 

_ 

that the advertisement, of which tearsheet is attached hereto, was published in the regular advertising columns of said newspape{, 

in the editions of said newspaper, in. all respects as ordered and invoiced above; and that the .Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary advertiser for a similar amount of matter occupying similar space and set in a 

similar matter, in said newspaper. 

SIGNATt'f 

*This affidavit must be made by the Owner, pUblisher. 
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u,. _ -" ' ...••. <.-' ENVIRONMENTAL QUALITY BOARD 

NOTICKOFPUBLICHEARINGS 

Proposed Amendments to:Air Quality ReguIa��ns 

(25 Pa. OxJe.Chapter 127) 

AirQuaJityTiUeVFecAmendment' , 

' The Env)rpmiIentaI QUality Boord (BOOrd) will . hold thre

 public hearings for the purpose of accepting comments on a proposed 

rulemaking to amend 25 Pa Code Chapter {27, Subchapter I (relating to pran 'approval 00<1 operating penn�t f�) .. 

The proposed rulemaking would amend § 127.705 (relating to emission fees) to ,establish a baSe Title V annual emission fee 0($85 

per ton for up to 4,00 tons of regulated pollutant, beginning with the fees dllC by Septeinber 1, 2014,-for emissions from Tide V 

facili�es in the 2OJ.3 calendar year. The initial baseTJlle Vannual emissiorifee, estiblishedat24 Pa. B.j�99, N' 

was $37 pertan of regu[ated pollutant up 104,00 tons of ea.ch regulated pollutantper'I\tle V facility. As provided in § lZ!.705(e), 

the emission fee imposed under § 127.705(a) has ben increased in each year after November 26, 1994, by the percen, 

which the Consumer Price Index for the most recent calendar year exceeds the Consumer Price Index for the previous cale

ndar year. 

Under'the existingregulatory fmmework, the ' !Us notbe

n revised since 1994. 111eTItie V annual base 

. 

emission fee due September I ,2012, for emissions OCurring in calendar year 20U was $56 per-ton of regulated pollutant for up 

_to 

4,00 tons of each regulated pollutant . 

Minor claritying amendments are proposed fOr § 127.701 (relating to ge'neml provisions).The proposed rulemakipg would revise 

§ 127.701 to clarifY that fees paid to the Department aredeposited into

,

the Pennsylvania Clean Air Fund. The proposal \vould also 

make ru.lditional editorial changes to this section. . 

TIlis proposed rolemaking will be effective upo

The 'proposed m!emaking will be submitted to the United States Environmental Protection Agency upon 'final-Conn publication for 

approval as a revision to the Commonwealth's State Implementation Plan or as an amendment to ihe Title V Program Approval 

codified in 40 CFR I(trt 70,Appendix A (relating to approval status Of state il

)d l

cx:a! operating pennits programs), as approptime. 

Public Hearings 

The he

arings wii! be held as follows: 

Mareh 5; 20 13 Department ofEnvironmel'ltal Protection 

I p.m. . Southwest Regional Office 

Waterfront A Conference Room 

40 Waterfront Drive 

Pittsburgh, PA 152224745 

March 6, 2013 Department of Environmental Protection , s: 

1 p.m. Southeast Regional Office, "'

o 

Delaware River Conference Room " . 

2 East Main Sfret 

Norristown, PAI940t 

March 7, 2013 Department ofEnvironmentai Protection 

'1 p.m. Rachel Carson State Office Building 

, 

Conference Room 105 

40 Market Stret 

Harrisburg, PA,17105 

Pernon$ wishing to present testimony J1{ a hearing are requested to contact the Environm

ental Quality.Board, P.O. Box 8477, 

Hanisbmg,PA 17105-8477, (7J7) 7874526 at least I week in ru.lvanceofthe hearing to reserve a time to'present testimony. Qm! 

testimony is limited 10)0 rninut� f0reach witness. Witnesses are requested to submit thre written copies of their oral tesUmony to 

the heating chairpernon at the hearing. OlWlnizations are limited to designating one witness to present testimony on their behalf at ' 

each heruing. 

Persons in need of acconunodations as provided for in the Americans with Di,sabilit 

7'87-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TOO users) or (80) 654-5988 (voice users) to 

discuss how the Board may accommodlIte their needs. 

Wr tten Comments 

Interested persons are invited to submit conunents, suggestions or objections regarding the proposed ruIemaking to the Environmental 

Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477 (e.xpressm

Market

_Street, Har

sburg, PA 17101-2301). Conunents submitted by facsimile wil not be accepted. Comments, suggestions 

or objections must be received by the Board on or beforeAprii 8, 2013. Interested persons may alSo submit a summary of their 

comments to the Board. The summary may not exceed one page in length and must also be received on or before April 8. 20 13. The 

one-page summary wil be provided to e,1ch member of the' Board in the agenda packet distributed prior to tile meeting at which the 

final regulation will be considered. 

Electronic Com!l1ents • 

Comments may be suomitted e1eetronically to the Board at Regqomments@p.'l.gov and must be received by the Boord on or 

,

before 

April 8, 20 13. A subject heading of the proposal and a return name and ru.ldre$s must be included in each lrar\smission. If the sender 

does not receive an ack

nowledgement of electronic comments :vithin 2 working days, the comments should be retransmitted, 

Board to ensure receipt. 

Copies of the PropOSaJ : . 

The full text of the proposed rulemaking will be published in the February 2,,2013, issue of the Pennsylvania Bulletin 

be available at www:pabul!etin.com as well as on the

DepartmentofEnvironmentalProtection 's website at WW\V .dep.state.paus­

(DEP SearchlKeyword: "Public Participation"; select' 'Public Participation Center"; then choose "Proposals Currently Open for 

Comment"), Copies of the proposal may also be obtained from DeanVan9rden, Assisiant Director, Bureau of Air Quality, P.O. 

Box 8468, Rachel Carson Stale Office Building, Harrisburg, PA 17105-8468, by email at dvanorden@pa.gov orby phone at(117) 

783-8949. ' ". 

MICHAELKR ANCER 
PROOF OF PUBLICATION 

In 

THE ERIE TIMES-NEWS 

COMBINATION EDITION 

--------------------------------------------------+------------------------

I 

ARLENE SHULMAN I 

DEPT OF ENVIRONMENTAL PROTECT I I 

RACHEL CARSON STATE I 

400 MARKET ST PO BOX 2063 I 

HARRISBURG PA 17105-2063 I 

I 

REFERENCE: L0004771 I 

2099592 ENVIRONMENTAL QUALIT I 

I 

STATE OF PENNSYLVANIA) I 

COUNTY OF ERIE ) SS: I 

I 

Lisa L. Frampton, being duly sworn, deposes and ! 

says that: (1) she is a designated agent of the I 

Times Publishing Company (TPC) to execute Proofs SPEED� 

of Publication on behalf of the TPC; (2) the TPC, 

whose principal place of business is at 

205 W. 12th Street, Erie, Pennsylvania, owns and 

publishes the Erie �imes-News, established October 

2, 2000, a daily newspaper of general circula'tioD, 

and published at Erie, Erie County Pennsylvani?; 

(3) the subject notice or advertisement, a true 

and correct copy of which is attached, was 

published in the regular edition(s) of said 

newspaper on the date(s) referred to below. 

Affiant further deposes that helshe is duly 

authorized by the TPC, owner and publisher of the 

Erie Times-News, to verify the foregoing statement 

under oath, and affiant is not interested in the I 

subject matter of the aforesaid notice or I YOU CAN NOW advertisement, and that all allegations in the I PLACE YOUR AO foregoing statement as to time, place and I DAYS AWEEK 

SPORTS 

EQUIPMENT 

character of publication are true. I HOURS A DAY 

PUBLISHED ON: 01/28 : ' 1G2��lD.j�� 

TOTAL COST: 

FILED ON: 

1,319.00 

01/28/13 

I 

I 

I 

I 

I 

AD SPACE: 32.000 INCHI 

I 

--------------------------------------------------+------------------------

Sworn to and subscribed before me this 
INVOICE 

01/28/13 

01/28/13 - 01/28/13 I DEPT OF ENVIRONMENTAL PROTE 

1,319.00 1 24102012 I 

ARLENE SHULMAN 

DEPT OF ENVIRONMENTAL PROTECTI 

RACHEL CARSON STATE 

NET 30 DAYS 

L0004771 400 MARKET ST PO BOX 2063 

HARRISBURG PA 17105-2063 

01 

PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE 

2099592 

01/28 

241020 

ENVIRONMENTAL QUALITY 

AFFIDAVIT FEE 

MAKIN' IT 

HAPPEN 

HOW TO BUY AN AD: Call 456·7021, 

stop in our front lobby, or call Toll Free in PA 

800·352-0043. 

For ' your convenience we accept 

4x8I 

321 

1 

41. 00 

7.00 

PLEASE PAY 

THIS AMOUNT ii

 

1,319.00 

DEPT OF ENVIRONME 

TO ENSURE PROPER CREDIT TO YOUR ACCOUNT. 

1. Allow 3 days for majj payments. 

2. Make check or money order payable to QEriem:ime�YN£'mf) 

Do Not Mail Cash. 

3. Make sure your name and account number appear on 

your check or money order. 

4. Mail your payment and the stub above in the preaddressed envelope provided. 

Questions about your bill? 

To place a classified ad 

For home newspaper delivery 

(814) 870-1618 

(814) 456-7021 

(814) 453-4691 

I 
uepartment or 

Environmental Protection 

COMMONWEALTH OF PENNSYLVANIA INVOICE NO. FEB o 8 8TD·521 REV, 06-2010 

PUBLICATIONS AUTHORIZATION AND INVOICE AIr Do"n •• rro 

PUBLICATIONS AUTHORIZATION (To be completed by agency): '" .. 

TO: (NAME AND ADDRess OF N£WSI'APEm j FEDERAll.D. NO.lSOC. SEC, NO. 

Greensburg Tribune Review 25·0843410 

Attn: Legal Classifieds 

622 Cabin Hill Dr 

Pittsburah. PA 15601 a 

HEREWITH IS ENCLOSED COPY FOR PUBLICATION OF ADVERTISEMENT FOR PROPOSALS TO 

FROM: (NAME AND ADDRESS OF AGENCy) AGENCY 

I 

TELEPHONE NO. 

Alex Haas 717·787·9495 

PA- DEP/BAQ 

400 Market Street 

Hrirric:hmn PA 17100: a 

2013 

J. EMPLOY r PURCHASE r CONTRACT r SELL I TYPE OF A� CLASSIFIED rx LEGAL NOTICE 

PUBLISH ADVERTISEMENT (NO. OF TIMES) J MAXIMU

,

M NO. OF liNES DATE ORDER N O

�����cor>� 1x Only January 22, 2013 

DATES OF INSERTION SIGNATURE �ENCY eLL "rC � January 31, 2013 :!f4w 7 /tL-:A '-.

 

You, as vendor, are authorized to publish this advertisement In your newspaper, subject to the terms of this order, as follows. 

Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature to be in 

capitals and subject matter and title of officer to be set solid in type regularly used by your newspaper for public (legal) notice 

advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and occupying 

similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any contract 

awarded to it hereunder, said vendor will not discriminate against any employee or other persons on account of race, color, sex, 

religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such disent 

. crimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under 

the terms set forth. 

Return original and two copies (signed by the editor or publisher) to the agency listed above. Proof of advertising 

in the form of a tear sheet must be stapled to original and copies. Original must be notarized. 

Commonwealth to be billed only for actual number of printed lines published. 

SAP FUND COST CENTER GENERAL LEDGER ACCOUNT CODE % 

SAP 2007712000 CC 3522710000 GL 6343200 

I/O 3527127654 

INVOICE (To be completed by publisher)' 

DATE OF INSERTION ACTUAL NO. OF PR!NTED LINES COST PER LINE TOTAL AMOUNT 

1st Ad /<J//J d/

 «>7 <;/&.3-4;7 

, / 

2nd Ad 

3rd Ad 

GRAND TOTAL-+ ?dJ.A;7 

Commonwealth of Pennsylvania 

County of d/�,f?,/ Lk� 

Before me, the subscriber, a Notary Public in and for said County, personally came -Tr"

who being duly sworn

: 

h depose and say that he is' 6����'-�a�' 

-:

,?���_�"2:"'�01:g,. 

the hB4U'- �� a general newspaper published at � 

that fife advertisement, of which tearsheet is attached hereto, was PUb-::li�sh:-e-:'?i"'n;:;t�he�reZg"'u!;'la!i:r"a'-d:-v 

in the editions of said newspaper, in all respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary advertiser for a si' amount of matter occupying similar space and set in a 

similar matter, in said newspaper. 

Sworn and subscribed before me this .b/ 

day of XZg. � d � /3 

NOTARY PUBLIC ,� 

My commission expires � , 

*This affidavit must be made by th isher, or the deSignated agent of the owner or puP,lIsner 
G,.._..,s b "r5 

.,.-,. ; b "'"'· 1< .. y ; "-w 

l-3)-Z.o\3 

ENVIRONMENTAL, .•A•.. • BOARD. 

NOTICE OF PUBLIC HEARINGS ' 

Proposed Amendments to Air Quality Regulations 

(25 Pa. Code .Chapter 127) 

Ai.r Quality Title V Fee Amendment 

The Environmental Quality" Board {Board) will hold thi'ee public. hearings for the purpose of accepting cOm~ 

ments on a proposed.rulemaking to am~nd 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval 

and operating permit fee.s). . . · ··. · · . · 

The proposed rulemaking would amend§ i27.705 (relating· to emission fees) to establish a base Title Van~ 

nual emission fee of $8;5'per ton for up to 4,000 tons of regulated· pollutant, beginning with the fees due by 

September 1, 2014, for emissions from Title V facilities in the 2013 calendar year. The initial base-Title Van~ 

nual emission fee, established at 24 Pa.B. 5899, November 26, 1994;. was $37 per ton of regulated pollutant 

up to 4,000 tons of each· regulated pollutant per Title V facility. As provided in§ 127 r705(e), the emission fee 

imposed under§ 127.705{a) has been increasedin each year after November26, 1_994,·bythe percenta~e, 

if any, by which the Consumer Price Index for the most recent calendar year exceeds the Consumer Pnce, 

Index for the previous calendar year. Under the exisUng regulatory framework, the base Title V annual emis.· 

sion fee has not been revised since 1994. The Title-V annual emission fee· due September 1 ,,2012, for emi.s· 

sions occurring in calendar year 2011 was $56 per ton of regulated pollutant for up to 4,000 tons of eaCh 

regulated pollutant . · . _ ' 

Minor clarifying amendments are proposed for§ 127.701 (relating to general provisions). The proposed rulemaking would revise § 127.701 to clarify that fees paid to the Department are deposited .into the Pennsylva.nia 

Clean Air Fund. The proposal would also make additional editorial changes to this section.- . 

This proposed ru!emaking wif!. be effective upon final-form publication in the Pennsylvania Bulletin. 

The proposed rulemaking will be submitted to the United States Environmental Protection Agency upon finalform publication for approval as a revision to· the Commonwealth's State Implementation Plan or as an 

amendment to the Title V Program Approval codified in 40 CFR Part 70, Appendix A (relating to approval 

status of state and local ·operating permits programs), as appropriate. , Public Hearings · The hearings will be held as follows: .. , . , 

March 5, 2013 Department of Environmental ProtectiOn 

1 p.m. Southwest Regional Office 

Waterfront A Conference Room 

400 Waterfront Drive 

·March 6, 2013 

1 p.m. 

March 7, 2013 

1 p.m. 

Pittsburgh, PA 15222-4745 

Department of Environmental Protection 

Southeast Regional Office 

Delaware- River Conference Room 

2 East. Main Street 

Norristown, PA 19401 

Department'of Environmental Protection 

Rachel Carson State Office Building 

Conference Room 105 

400 Market_ Street . · • · 1 

Harrisburg, PA 17.105. . -. _ · 

Persons. wishing to present testimony at a .tJearii1g are requested to contact the Environmental QualitY Board, 

P.O. Box 8477, Harrisburg, PA 17105~8477, (717)_787-4526 at least 1 week in advance of the hearing tore~ 

serve: a time to present testimony. Oral testimony is Hmited to 10 minutes for each witness. Witnesses-are 

requested to submit three written copies of their oral testimony to the hearing chairperson at the he;aring. _Or·-\ . ganizations are limited to designating one witness to present testimony on their behalf at .each hearing. 

Person~ in need of accommodations as provided for in the ;;\mericans with Dlsabilitfes Act pf 1990 should con~ 

tact the Board at (717) 787~4526 or through the Pennsylvania AT&T Relay Service at (800) 654-.5984 (TOO 

users) or (800) 654·5988 (voice users) to discuss.howthe Board may accommodate their needs. 

Written Comments , , 

Interested persons are. invited to submit comments, suggestiO~s or objections regarding· the_ proposed rUlemaking to the Envi_ronmental Quality Board, P.O. Box 8477, Harrisburg; PA 17.105-847Z (express.mail: Rachel 

Carson State Office Buil~ing, 16th Floor, 400 Market Street, Harrisburg, PA 1_7101_·2301). Comments sub· 

mitted by facsimile will not be accepted. Comments, suggestions or-objections must be received by .the 

Board on or before Aprll 8, 2013. fnterested.persons may also submit.a summary of their commE}n1s to the 

Board. The summary may not exceed one- page in IE:mgth and ·must also be rec'eived:on·or.:before Apri18,- · 

2013. The one-page summary will be provided to each·member of the Board.fn. the agenda packet_d!Strib~ 

uted prior to the meeting at which the fmaf regulation wilt be considered. , Electronic Comments _ · . _ . .,_ . 

Comments may be submitted electronically to the Board at ReqComments@Qa.gov.and must be received ,by -

the Board on or before April 8, 2013. A subject heading of.the proposal and.a return-narne and adC:Iress m4st 

be included in each transmission. If the sender. does not receive an acknowledgement of eleptronic com~ 

ments within 2 working days, the comments should be_ retransmitted to'th·e Board -to ensure receiipt. Copies of the Proposal - - ,The 

5482926(1-31-1 3) 

MICHAEL KRANCER 

Chairp~rson 
TRm TOTAL MEDIA 

EGAL DVERTISING 

Proof of Publication of Notice in The Tribune-Review 

Under the Act of July 9, 1976, P. l. 877, No. 160 

Commonwealth of Pennsylvania 

County of Westmoreland } SS: 

DALYNN SCIOTTO, Classified Advcltising Manager of the Trib Total Media, Inc., a corporation of the Commonwealth of 

Pennsylvania with places of business in Greensburg, Westmoreland County, Pennsylvania and Pittsburgh, Allegheny County, 

Pennsylvania, being duly sworn, deposes and says that the Tribune�Review is a daily newspaper circulated in Southwestern 

Pennsylvania. Said corporation was established in the year 1924. A copy of the printed notice of publication is attached hereto exactly 

as the same was printed and published in the regular editions of the said daily newspaper on the following dates, viz: 

LEGAU 5482926, RE: ENVIRONMENTAL QUALITY BOARD HEARING NOTICE; 3151' DAY OF .JANUARY, 2013. 

Affiant further deposes that slbe is an officer duly Authorized by the Trib Total Media, Inc., publisher 

of The Tribune� Review, to verify the foregoing statement under oath and also declares that affiant is not 

.---Ut d in the subject matter of the aforesaid notice of publication, and that all allegations in the foregoing ite1"esl

statemen as to time, pJace and charac r of publication are true. 

Sworn to and subscribed before me this 

31ST day ofJANUARY, 2013. 

g. �A 

Statement of Advertising Costs 

ALEX HAAS, CLERK TYPIST 2 

DEPT. OF ENVIRONMENTAL PROTECTION 

400 MARKET STREET, RACHEL CARSON STATE BLDG. . .... 

, 

HARRISBURG, PA 17105-8468 , .. ;';' , , 

To TribTotal Media, Inc. 

For Publishing the notice or advertisement attached 

hereto on the above stated dates $963.27 

Probating Same L-Q 

Total $ 963.27 

COMMONWEALTH OF PENNSYLVANIA 

Notarial Seal 

JoAnn M. Callahan, Notary Public 

City of Greensburg, Westmoreland County 

My CommiSSion Expires July 11 2016 

MEr>18ER, PENNSYLVANIA ASSOCIATION Of NOTARIES 

'··: (w- ·" !�-1-'·;;::· 

�,-;,,'- "ol'lS,'t) 

,0 )i'1jril&g;,;r.n "'1, ' 

p,.:�,.., 

j(-;1) :;11/" 

. _. "c"" B?,Si:. ...'; :;-.' '-'.� _. 

� '8'",; .;�;�;:�(! bilE: (Jl!:.J 1 ,:")Sc.: !C:OI3VWl iiii', ,T;\:O�i1 

·16,.,.j') .. 

Publisher's Receipt for Advertising Costs 

The Trih Total Media, Inc., publisher of The Trihune-Review, a daily newspaper, hereby 

acknowledges a receipt of the aforesaid advertising and publication costs. and certifies the same have been 

fully paid. 

Trib Total Media Inc., Publisher 

of The Trihune-Review, a Daily Newspaper. 
TRIB TOTAL 

MEDIA 

v1.31.3 

622 Cabin Hill Dr., Greensburg, PA 15601 

DEP-BAQ-DIVISION OF ARM 

PO BOX 8468 

400 MARKET STREET 

HARRISBURG, PA 17105-8468 

The Dj$patch" .• * ... " .. �,,,,, ....................... ,724.459.61 00 

The DaUy Courler,.� .. ,,,� .............. , .......... ,724.628,2000 

Gateway NewspIlPers .. ,,,,,, ....... *,, .......... ,412.856.7400 

Pennysaver .. �" ............ .. "" .............. � ..... A12.243.4215 

Laurel Group Newsp;lpers� . . , •• "." .... * ..... 724.887.7400 

leader llmes.." .................. " .. .-... " ........ ,724.543.1303 

New Produc:ts.",,, ........................ ·.� ... ·· .. At2.321.6460 

Pittsburgh Trtbune·Revlew .................... A 12.321.6460 

llibune..JIevlew ........... .-.......................... 724.834, 1151 

The Valley Independenl .......................... 724,684.S200 

Valley News Oispateh .......... "" ... , .. "."",,,724.224.4321 

ButtennUk Falls Newspapers ....... " ......... 724.567.S6S6 

The Daily News, .......................... _ ...... " .. A12.664.9161 

CLASSIFIED 

ADVERTISING 

INVOICE 

BILL DATE 

1/31/2013 

ACCOUNT 

201037 

5482926 ENVIRONMENTAL QUALITY BOARD 

NOTICE OF PUBLIC HEARINGS 

Propos 

1/31/2013 1/31/2013 3 77 963.27 

TP, TG. WEB 

notice of public hea 

TOTAL AMOUNT: 963.27 

THIS INVOICE PAYABLE UPON RECEIPT 

TO ENSURE PROPER CREDIT PLEASE RETURN THIS PORTION WITH YOUR PAYMENT 

TRIB TOTAL MEDIA 

PO BOX 642562 

PITTSBURGH PA 15264-2562 

PLEASE USE ENCLOSED ENVELOPE TO 

REMIT PAYMENT 

AccQunt:201037 

DEP-BAQ·DIVISION OF ARM 

99000000000000000000000020103700000081436200000963273 
COMMON'NEALTH OF PENNSYLVANIA 

STD-521 REV. 06-2010 

PUBLICATIONS AUTHORIZATION AND INVOICE 

PUBLICATIONS AUTHORIZATION (To be completed by agency): 

INVOICE NO. 

TO: (NAME AND ADDRESS OF NEWSPAPfR) i FEDERAL I' D. NO./SOC. SEC. NO. FROM: (NAME AND ADDRESS OF AGENCY) AGENCY I TELEPHONE NO. 

Harrisburg Patriot-News Co. !. 23-1304402 Alex Haas 717-787-9495 

2020 Technology Parkway PA- DEP/BAQ 

Suite 300 400 Market Street 

Mechanicsbura. PA 17050 II H"'rric;httm PA 171 nc; II 

HEREWITH 1s ENCLoseo coPY FOR PUBLICATION OF ADVERTISEMENT FOR PROPOSALS To I TYPE oF ADr 

r EMPLOY r PURCHASE r· CONTRACT l SELL CLASSIFIED fX LEGAL NOTICE 

PUBLISH ADVERTISEMENT (NO. OF TIMES) I MAXIMUM NO. OF liNES DATE I ORDER NO. 

1 x Only January 22, 2013 1 ...... 

DATES OF INSERTION SIGNATURE F~~~ENCY ') • f /) j /) 

January 31, 2013 ./S.{.IZO-t.A.-J C. /bA ~ J V-1_dA!A A ./ 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as follows: 

Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature to be in 

capitals and subject matter and title of officer to be set solid in type regularly used by your newspaper for public (legal) notice 

advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and occupying 

similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any contract 

awarded to it hereunder, said vendor will not discriminate against any employee or other persons on account of race, color, sex, 

religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such discrimination, shall have the right to cancel said contract Return this copy at once if you will not accept this advertisement under · 

the terms set forth. 

Return original and two copies (signed by the editor or publisher) to the agency listed above. Proof of advertising 

in the form of a tear sheet must be stapled to original and copies. Original must be notarized. 

Commonwealth to be billed only for actual number of printed lines published. 

INVOICE (To be completed by publisher): 

DATE OF INSERTION 

1st 

2nd 

Commonwealth of Pennsylvania 

County of 

ACTUAL NO. OF PRINTED LINES COST PER LINE TOTAL AMOUNT 

GRAND TOTAL o+ 

Before me, the subscriber, a Notary Public in and for said County, personally came ______________ _ 

who being duly sworn, doth depose and say that he is* 

the a general newspaper published at 

that the advertisement, of which tearsheet is attached hereto, was published in the regular advertising columns of said newspaper, 

in the editions of said newspaper, in all respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary advertiser for a similar amount of matter occupying similar space and set in a 

similar matter. in said newspaper. 

Sworn and subscribed before me this ______ _ day of __________________________ __ 

SIGNATURE OF AFFIANT 

NOTARY PUBUC 

My commission expires 

*This affidavit must be made by the Owner, Publisher, or the designated agent of the owner or publisher. 
The ?atriot-News Co. 

2020 Technology Pkwy 

Suite 300 

Harrisburg, PA 17101 

Inquiries -717-255-8213 

[be patriot -News 

Now you know 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

RACHEL CARSON STATE OFFICE BUILDING 

400 MARKET STREET 

HARRISBURG PA 17105 

THE PATRIOT NEWS 

THE SUNDAY PATRIOT NEWS 

Proof of Publication 

Under Act No. 587, Approved May 16, 1929 

Commonwealth of Pennsylvania, County of Dauphin} ss 

Marianne Miller, being duly sworn according to law, deposes and says: 

That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the 

Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the 

Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday 

Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State 

aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, 

respectively, and all have been continuously published ever since; 

That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular 

daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said 

Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as 

to the time, place and character of publication are true; and 

That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on 

behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the 

stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds 

in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 

. ~"""~ · This ~d·· .. #?Jt~ 8 ran on the dates shown below: 

C/?, >t'l' / ft.~;:S;( ,/ t'/ .. January 31,2013 I .lflt!l.(t~_./ ... .. --~·-· 

PUBLICATION COPY 

Sworn to and subscribed before me this 24 day of April, 2013 AD. 
The Patriot-News Co. 

2020 Technology Pkwy 

Suite 300 

Harrisburg, PA 17101 

Inquiries -717-255-8213 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

RACHEL CARSON STATE OFFICE BUILDING 

400 MARKET STREET 

HARRISBURG PA 17105 

-----------------

[be patriot-News Now you know 

STATEMENT ALL CHARGES ARE NET 

ACCT# NAME AD ORDER# DATE EDITION ADDTL INFO. TYPE OF CHARGE AMOUNT 

233427 DEPARTMENT OF ENVIRONMENTAL 0002246848 01/31/13 REGULAR BASIC AD CHARGE $765.69 

233427 DEPARTMENT OF ENVIRONMENTAL 0002246848 01/31/13 REGULAR BOLD TEXT CHARGE $4.00 

AFFIDAVIT CHARGE $5.00 

TOTAL: $774.69 

This is not an invoice. Please do not remit payment from this Statement. 

An invoice will be generated at the end of the month. --Thank you. 

NOTE: This Statement replaces the Order Confirmation which we previously sent with Proofs of Publication 
-------------------------------------------------------------------------------------------------------------------------------------

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:"n! ]·,_- (:p,r,, Ln' C~mrnenl 'i. c-~1•i~~ ~ f 1:·1~ PT"•:lf-l~c:;FJ~ m'; I' r1' ~-~ b~ <Jbh;;irl,_:.:= r.-.~rt01:'>31:1 V<Jn Crd~''' ;\:;~i;.ta:Ji Di-r,.!:.l•2r, 8.1· 

'"owd1 AJr· Quul1h', P.O. BP.~ ~ .Rt;· 

.;;:h!!-J C:.:r!>:ln H:.tle OWt:l!' B.~tildklr:J, f·lr:H'· 

r bbur'<j, -PA 171G&!W~O, 'bv err;,all ut dllr.lncrde.rr~rX<.;n:·v or Lw ""hl:l.l'lJ.!' ot \717] 

'i'S3·1l949-. M1Cf~A£L KRANCER Chtol~p!!1f~t:i 
DepClrtm0nt of 

Environmental ProtectioL 

COMMONWEALTH OF PENNSYLVANIA 

STD-521 REV. 06-2010 

PUBLICATIONS AUTHORIZATION AND INVOICE 

PUBLICATIONS AUTHORIZATION (To be completed by agency): 

INVOICE N

'j:"EB 1 2 2013 

TO: (NAME AND ADDRESS OF NEWSPAPER) i FEDERAL I.D. NO.lSOC. SEC_ NO. FROM: (NAME AND ADDRESS OF AGENCY) AGENCY : 

n· . 

TELEPHONE NO. 

Pittsburgh Post-Gazette 717-787-9495 

Attn: Legal Ads 

i 94-0692700 Alex Haas : 

• ......................................... ...................................... I PA - DEP/BAQ . . .................................................................... . ...... .. . 

34 Boulevard of the Allies 

Pittsburah. PA 15222 

400 Market Street 

H;:!rri"hllrn PA 171 n", 

HEREWITH IS ENCLOSED COPY FOR PUBLICATION OF ADVERTISEMENT FOR PROPOSALS TO I TYPE OF AD 

! EMPLOY r PURCHASE r CONTRACT r SELL r� CLASSIFIED 

PUBLISH ADVERTISEMENT (NO. OF TIMES) I MAXIMUM NO. OF LINES DATE I ORDER NO. 

1x Only January 22, 2013 

DATES OF INSERTION SIGNATURE F AGENCY -) / /!�_ _ 

January�82013 #8449655 ;(Ul, ./ Vi', (( /{. ' 

IX LEGAL NOTICE 

You, as vendor, are authOrized to publish this advertisement In your newspaper, subject to the terms of this order, as follows: 

Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature to be in 

capitals and subject matter and title of officer to be set solid in type regularly used by your newspaper for public (legal) notice 

advertising: charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and occupying 

similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any contract 

awarded to it hereunder, said vendor will not discriminate against any employee or other persons on account of race, color, sex, 

religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such discrimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under 

the terms set forth. 

Return original and two copies (signed by the editor or publisher) to the agency listed above. Proof of advertising 

in the form of a tear sheet must be stapled to original and copies. Original must be notarized. 

Commonwealth to be billed only for actual number of printed lines published. 

SAP FUND 

SAP 2007712000 

. 

1/03527127654 

INVOICE (To be completed by publisher)' 

DATE OF INSERTION 

1st Ad January 28, 

2nd Ad 

3rd Ad 

Commonwealth of Pennsylvania 

County of Allegheny 

2013 

COST CENTER 

CC 352271 0000 

ACTUAL NO. OF PRINTED LINES 

284 

GENERAL LEDGER ACCOUNT CODE % 

GL6343200 

COST PER LINE TOTAL AMOUNT 

7.50 2,130.: 00 

GRAND TOTAL-+ 2,130. 00 

Before me, the subscriber, a Notary Public in and for said County, personally came ___ C_.__o_h_a_ffi_

e_d ________ _ 

who beiog duly swo;:n, doth depose and say that he is' _____ 

a e 

..,.

,, _,- --------

--

the grr. Post-Gazette a general newspaper published at -:

,__P-:-�-:-t-t-s-D-u-r-g -

P-t; -- ,__

--:_-,-:- --- that the advertisement, of which tearsheet is attached hereto, was published in the regular advertising columns of said newspaper, 

in the editions of said newspaper, in all respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary advertiser for a similar amount of matter occupying similar space and set in a 

similar matter, in said newspaper. 

, 

. ' 

i 

1':\i:�TtJ

�Ffd • 

\. ,,c'" 

COMMONWEALTH OF PENNSYLVANIA 

*This affidavit must be made by the Owner, Publisher, or the designated agent of the owner or publisher. 

Notarial Seal 

linda M. Gaertnerj Notary Public 

City of Pittsburgh, Allegheny County 

My Commission Expires Jan. 31, 2015 
ENVIRONMENTAL 

QUAUTY BOARD 

NOTICE OF PUBUC HEARINGS 

ment fr:•m A-Piii(";J['i:oolti'ect 

40 CFR __ F,'_art 70, AppendiX A (retatfng to approval status of state' 

and local operating permitS programs}, as appropriate, 

Public Hearl~ 

The hearings Wifl be 

held as follows: 

March 5, 2013 1 p.m. Department of Environmental protection, southwest ''Reg ion a 1 

Office, Waterfront A 

conference.Room, 400 

Waterfront D.rlve, Pitts~ 

burgh, PA 15222-4745 

March 6r-2013 1 p.m. Department Of E .. n- vironm.ental Protection

So utheast,RegJona 1 

Office, Delaware River 

conference Room, 2 

East Main Street. 

Norristown, PA 19401 

March 7, 2013 1 p.m. Department of 

Envlronme-rrral Protection, Rachel carson' 

state Office BUilding, conference Room 105, 

400 Market Street Harrisburg, PA 17105 

Persons""wishing tO 

present testimony at a hearing are requested to 

contact the 

Environmentar Qualfty Board, P.O. Box 8477, i 

Harrlsburg, PA 

17105-8477, (717) 

787-4526 at feast 1 week 

in advance of the 

hearing to reserve a time 

to present testimony. oral testimony is limited 

to 10 minutes for each 

WitnesS. Witnesse$ are requested to submit: 

three written copies of' 

their oral testimony to 

the heartngchairperson at the hearing. organi- zations are' Hmited to: 

designating one witness 

to present testimony on their behalf at each 

hearing. ~ " 

PerSOM$-,)llJ1taE!-d Of 

accornmoctauon.s as provided. f,a.r in the 

Americans With 

Disabilities Act of 1990 

should contact the Board I' at (717) 787·4526 or through the 

Pennsylvania AT&. T Relay service if't (800} 

654·5984 (TD'D users} or (800) 654-5988 (voice users) to disc_uss how 

the soa"td may accammodate their _ needs. 

Written Comrnents 

Interested persons are invited to submit 

comments, suggestions or objectfons-regarcHng 

the proposed rUlemakfng 

to the EnVI'ronmental 

QUality Boartl;- P.O. BoX 

8477, Harrfsburg, PA 

17105·8477 (express mail: Racllel carson State Offt~e;, BUilding, 16th Floor, _400 Market 

Street, Harrisburg, PA 

17101-2301}. comments submitted by facsimile 

will not be accepted. comments, suggestions or objections must be 

received by the Board on or before Aprn 8, 2013. 

Interested persons may at so· submtt a summary of their comments to the 

Board. The summary 

may not e.xceed one page Ill length and must 

also be rec¢1Ved on or before April 8, 2013. The 

one-page summary will 

be provided to each 

member of the Board in 

the agenda packet distributed prior to the 

meeting at which the final regulation wHI be 

considered. 

Electronic' Comments 

Comments may be 

submitted eiectromcally to the BJJard. at 

Regcommetrts@pa.gov 

and must be.-received by the Board mLor before 

April a. 2013. A subject heading of the proposal and a return name and 

address must be 

Included in each 

transmission. If the 

sender does not receive an acknowfEidgement of 

electronic c.omments 

within 2 wQrking days, the comments should be 

retransmitted to the 

Board to ensure receipt. 

Copies of·the Proposal 

The full text of the 

groposed ruremaking Will e published ln .. the 

February 2, 2013, ISSUe 

of the Pennsylvania Bu:Hetin and wit! be 

available at www. pabI 

Legal Notic.. I 

Uneiln.com as wen as -on the Oepartrnent of · Environmentat Protec~ 

tlon's web site at, www.dep,state.pa.us 

(DEP search/Keyword: "f>ubHc Participation"; select "public Participation center"; then choose "Proposals currentlY,. oPen for 

Comment'). copies of 

the proposal maY also be 

obtained from Dean Van 

Orden Assistant 

Director: Bureau of Air 

QUalitY. P.O. BOX 8468. 

:Rachel carson State 

iOffice Building, :Harrisburg, PA 

j 17105-8468, bY email at 

I phone dvan···.o· rden®pa.gov at or by (717) 783-8949. 

MICHAEL KftANCER · Chairperson 
I BILLING DATE I Page 1 

Pittsburgh Post-Gazette I 01/31/13 I REMITTANCE ADV Published by PG Publishing Co. BILLED ACCOUNT 

ICE 

Federal 10 # 94-0692700 NUMBER 

8449655 

BILLED ACCOUNT NAME AMOUNT 

REMIT TO PA DEPT 1 AIR QUALITY 

Pittsburgh Post Gazette PA DEPT / AIR QU Credit Department 400 MARKET STREET PO Box 566 12TH FLOOR Pittsburgh, PA 15230-0566 PO BOX 8486 

ALITY 

HARRISBURG, PA 17105-8468 

5084496552 0000213000 0000213000 

-Page L 

NEWSPAPER ADVERTISING INVOICE DOCUMENT I BILLING 

NUMBER DATE

BILLED ACCOUNT 1026234 I 01/31/13 

Pittsburgh Post Gazette PA DEPT 1 AIR QUALITY BILLING PERIOD 

Published by PG Publishing Co. 400 MARKET STREET 01/01 to 01/31 

12TH FLOOR P.o. Box 566 TERMS OF PAYMENT PO BOX 8486 Pittsburgh, PA 15230 

Federal HARRISBURG. PA 17105-8468 Due Upon Receipt lD # 94·0692700 

ADVERTISING CUSTOMER SERVICE (412) 263-5050 I BILLED ���OUNT 1 

A 

ADVER���R 

NUM ER CCOUNT N MBER BILLED ACCOUNT NAME 

CREDIT CONCERNS (412)263-1400 I 8449655 I 8449655 I PA DEPT I AIR QUALITY 

DATE I REFERENCE I NUMBER 

Previous 

01/28 17304840 

CHARGE OR CREDITS 

DESCRIPTION/PRODUCT CODE 

Balance 05/31/12 

h earings 

C/M/PG/445 

IF YOU HAVE QUESTIONS REGARDING THIS 

CONTRACT PERFORMANCE 

I SAUl -' 

� BILLED 

DIMENSIONS � UNITS 

1x284.00 1 2 84 

INVOICE PLEAS � ALL Dia 

TYPE EXPIRATION DATE REQUIREMENT CURRENT MONTH CUMU ATIVE 

30 or Less 

2,130.00 

GROSS NET RATE AMOUNT AMOUNT 

0.00 

7.50 2,130.00 2,130.00 

a McGowan -- (412) 263-1 806. 

CURRENT CURRENT 

GROSS AMOUNT NET AMOUNT 

2,130.00 2,130.00 

AGING TOTAL NET 

60 Days 90 or More AMOUNT DUE 

0.00 0.00 2,130.00 
COMMONVv'EAL TH OF PENNSYLVANIA 

STD-521 REV. 06-2010 

PUBLICATIONS AUTHORIZATION AND INVOICE 

PUBLICATIONS AUTHORIZATION (To be completed by agency): 

INVOICE NO. 

TO: (NAMfANDADDRE5SOfNtWSPAPeR) 

I 

FEDERAL !.D. NO.lSOC. SEC. NO. FROM: (NAME ANO ADORESS OF AGENCY) AGENCY 

I 

TELEPHONE NO. 

Reading Eagle 24-0676050 Alex Haas 717-787-9495 

Attn: Legal Ads PA - DEP IBAQ 

PO Box 582 400 Market Street 

Readina, PA 19603�OS82 II H-"lrri.;:hllrn PA 171 OS II 

HEREWiTH IS ENCLOSED COPY FOR PUBLICATION OF ADVERTISEMENT FOR PROPOSALS TO I TYPE OF ADr r EMPLOY ,. PURCHASE

' J: CONTRACT r SELL CLASSIFIED IX LEGAL NOTICE 

PUBLISH ADVERTISEMENT (NO. OF TIMES) I MAXIMUM NO. OF LINES DATE I ORDER NO. 

1 x Only . January 22, 2013 

DATES OF INSERTION SIGNATUR r AGENCY (\ 

I 

i /J!) II January 31, 2013 Jf.RcU{. ( )O-.vJ.J./-1.

� 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as follows: 

Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature to be in 

capitals and subject matter and title of officer to be set solid in type regularly used by your newspaper for public (legal) notice 

advertising: charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and occupying 

similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any contract 

awarded to it hereunder, said vendor will not discriminate against any employee or other persons on account of race, color, sex, 

religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such discrimination, shall have the right to cancel said contract Return this copy at once if you will not accept this advertisement under 

the terms set forth. 

Return original and two copies (signed by the editor or publisher) to the agency listed above. Proof of advertising 

in the form of a tear sheet must be stapled to original and copies. Original must be notarized. 

Commonwealth to be billed only for actual number of printed lines published . 

• 

SAP FUND COST CENTER GENERAL LEDGER ACCOUNT CODE % 

SAP 2007712000 CC 352271 0000 GL6343200 

I/O 352'1127654 

INVOICE (To be completed by publisher)' 

DATE OF INSERTION ACTUAL NO. OF PRINTED UNES COST PER LINE TOTAL AMOUNT 

1st Ad 1/31/13 390 1:65 c (;In <;0 

2nd Ad 

3rd Ad Affidavit Charge 5 00 

BoJ d Ch o {-,,, 

GRAND TOTAL � $650,50 

Commonwealth of Pennsylvania 

County of Be r ks 

Before me, the subscriber, a Notary Public in and for said County, personally came _--,L=-y,-,n�n"-,S"-c,,

,,l±.· _ 

who being duly sworn, doth depose and say that he is' -:-:-:--:-'A"'s"-s"-'higs"'t"'a"'n..,t--"S"'e""c ..

 r .. e'-Lt .. aur-ly'-

-------------

the Reading Eagle a general newspaper published at Reading , 

that the advertisement, of which tearsheet is attached hereto, was published in the regular advertiSing columns of said newspaper, 

in the editions of said newspaper, in all respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary advertiser for a similar amount of matter occupying similar space and set in a 

similar matter, in said newspaper. 

Sworn a c3 j 6-1:

 

day of --

f.YJ',)=t;iE:��---c:;;;---;-20 1.3 

tL 171 . Ot1MM»M'-

My commission expires Jf) -;;

3 -Jl/-

� S!GNATURE OF AFFIANT 

��()'W<I�A�tH QFPEt>iNl?�

''<\ ' .

", . , 

,; :'.: "' , NOTARIAL SEAL ' : 

"'This affidavit must be made by the Owner, Publisher, or the designated agent of the owner or publisher. � "THE�SA M SAssAMAN, NOTARY pUS.L1e. 

. 

CITY OF REAOING. 'BEAKS Co.UNlY 

MY COMMISSION EXP1R.ES OCT. 23'� ��J} 
ENVIRONMENTAL 

QUALITY BOARD 

NOTICE OF 

PUBLIC HEARINGS 

Proposed Amendments_ 

to Air Quality Regulations 

(25 Pa •. Code· 

Chapter- 127). Air Quality--Title V 

Fee Amendment 

The Environmental Quali~ 

ty Board-(Board) will 

hold three public hear~ 

ings for-the purpose of 

accepting comments on a proposed rulema~ing 

, ·to amend 25 Pa. ·Code 

Chapter 127, SubchaP~er' 

I (relating to plan approval .and operating permit 

fees). 

The proposed rulemaking .would amen_d· § 

1_27.705 (relating to em is-. 

sian fees) to establish a base Title v·annu·ar emission fee of $85 per ton for up to 4,000 tons of 

regulated polluta.nt,-be-. ginning Wlth'the fees 

due by SepteJllbe~ t2014, for emissions. frOm 

Title V facilities-in the-· 

2013 calendar-Year.: .The 

initial base Title V a'nnual'emission fee, establ,ished at 24 Pa.B. 5899, No- . vember 26, 1994, was $37 per ton of-regulated 

pollutant up to 4,000-, -. tons of each re$]Ul('lted 

pollutant per Tttle V facility. As provided in § 

127.705(e), the. emission 

fee- iin posed under § 

127.705(a) has been irr 

creased in each year af~· 

ter November 26, 1994,: 

by the percentage, if _ i 

any, by which the carr·: sumer Price Index for the most recent-calendar 

year eXceeds the ·can- ·· sumer Price Index for the 

previous calendar year> 

Under the existing regUlatory framework, the · b.ase Title V:annual emis-· 

sian fee has not been re- vised since 1994. The Title V annual emission fe~ due_ September f, 

2012, for emissions occUrring in calendar year 

2011 was $56 per ton of 

regulated pollutant for; 

up fo 4,000 tons of each 

regulated pollutant. 

Minor darifyitig amend- . ments are proposed for 

§ 127.701 (relating to general provisions). The 

proposed·rulemaking 

would revise§ 127.701 to clarify_ that fees paid to the Department are- deposited into the Penn~ , sylvania Clean Air: Fund,_ ~ 

.The proposal_ would C)lso 

make additional edif:oricil- ·, 

Cha-nges to_this sectio'fl. 

Thi'S propos-ed rule~ maktng will be·effecti\re" 

upon final-form publiCa~_ 

tion in the_ Pennsylvania Bu/fet;n. 

The proposed rul_emaking will _be: submitted to the United StateS 

Environmental Protection Agency upon finalform publication for approval as a revision to the.Com·monwealth's 

State lmpleinentation Plan or as an amend- ~r~ent to the Title v·Pro9r'am Approval codified 10 40 CFR Part 70; }\ppendix A (relating to appro- . val status of state and local oPerating pern1its · progran1s), as appropri- ate. 

Public Hearings· 

The hearings will be- held as follows: 

March 5, 2013 

1 p.m. 

Department of 

Environmental 

Protection 

Southwest RegiOnal Office 

Waterfront A-- . Conference Room ....._ . 

400 Waterfront Drive 

Pittsburgh, PA 

15222-4745 

March 6, 2013 

1 p.m. 

De;partment of 

Environmental 

Protection 

Southeast Regional 

Office 

Delaware River 

,Conference RoOm 

2 East Main Street 

Norristown, PA 19401 

March 7, 2013 

1 p.m. 

· Department of 

Env"ironmental 

Protection 

Rachel Cars-on State 

Office Building 

Conference Room -1 OS 

400 Market Street 

Harrisburg,'PA 1~105 .. 

P'e_rsoriS wiShing to pres ent test_imony at a hear 

ing are requested to coA tact the_ Environmental 

Quality BOard, P.O; Box 

8477, Harrisburg, PA 

17105-8477, (717) 787-

4526 at !_east 1 week in 

advance·of-the he·aring to reserve· a time to pres e·nt testimony. Oral test i~ 

many is limited to 10 mi· nutes for each witness. 

Witnesses are requested to submit three written 

copies oftheif oral test-i 

many to the-_ hearing 

chairperson at the hear 

lng. -Organizations are limited to designating one Witness to: present 

testimony on-their be 

half at each hearing. 

Persons in need of a£ 

commodations as proVicl 

ed for in. the Americans 

with Disabilities Act of 

1990'shou!d contact the 

Board at (7,17) 787·4526 or through the Pennsyl-: 

vania AT&T Relay service 

at (800) 654-5984 (TOO 

users) or (800),-654·5988 

(voice use·rs),to discuss 

how the Board· may ac- commodate iheir needs._ . 

Written Comments 

Interested persons are iA 

vited to submit com ments, suggestions or ol3 

jections rE!garding the 

proposed rulemaking to the Environmental QuaH 

ty Board, P.O. Box 8477/- · Harrisburg, PA 17.105· 

8477 (express mail: Ra 

chel Carson State Office 

Building, 16th_Fioor, 400 

Market Street, Harris 

burg, PA 17101-2301). 

Comments submitted by 

facsimile will not be ae Cepted. Comments, sug 

gestions or objections must be received by the 

Board on or before April 

8, 2013. Interested per sons may also submit a summary of their com . ments to the Board. The 

summary may not ex . ·- ceed one page in length 

and must also be re ceived on or before.April 

8, 2013. The one-page 

summary will be_provicl 

ed to eaCh.member of 

the Board in the ag_enda 

packet distributed Pi"Jor 

to-:the meeting _at which ; th-:~·final regulation will 1 be considered. 

ElectrOnic Comments 

Comments-may be sul3 

mitted e!~ctronicaf!y to the Board at Re~Comm.ents®g_e.,goy_ 

an must be received by 

the Board on or before 

April 8, 2013. A sUbject 

heading of the proposal 

and· a return name and 

address must be inducl 

ed in each transmission. 

If the sender does not ·re ceive an acknowledge ment of electronic com ments within 2 working 

days, the comments should be retransmitted to the Board to ensure receipt. 

Copies of the P.roposal 

The· full text ·of the pre 

posed rulemaking will 

be published:inthe"Fela 

ruary 2, 2013, issue:of 

the-'PennsyiVa nia . Bulletin 

and will be· available at www.pa_bulletin.com as well as on the Depart ment of Environmental · Protectiqn's web site at Error! HyPerlinl< refet" ence not valid. · www.dEm.state.pa.us 

{DEP Search/Keyword: 

"Public Participation"; se feet "Public Participation 

Center"; then choose 

"ProposalS Currently 

Open for Comment"). 

Copies of the proposal, 

may also-be obtained 

from Dean Van Orden,-

Assistant Director, Bli reau of Air Quality, P.O. 

Box 8468, Rachel Carson 

State Office Building, 

Harrisburg, PA 17105-

8468, by email at dvanorden®pa .gov or by 

phone at (717) 783£8949. 

MICHAEL KR~NCER . 

.Chairperson 
: 

• 

BILL DATE 

02/02/13 

Reading Eagle Company 

P. O. Box 582 

READING, PA 19603-0582 

ADVERTISING INVOICE 1 STATEMENT 

(610) 371-5167 

BILL FROM BILL TO TERMS OF PAYMENT 

01/27/13 02/02/13 Net Due 30 Days 

SALES REPRESENTATIVE 

DEPT OF ENVIRONMENTAL PROT.-BAO 

ALEX HAAS 

Carol Hitchens 

BILLED ACCOUNT NO 

400 MARKET STREET 

HARRISBURG, PA 17105 301848 

ADVERTISER 

INVOICE NO 

100315774-01312013 

PAGE 

Page 1 of 1 

VENDOR NO 

301848 

• DEPT OF ENVIRONMENTAL PROT.-BAO 

01/31/13 

ORDER NO DESCRIPTION 

0000315774 ENVIRONMENTALQUALlTYBOARDNOTICEOFPUBLICH 

Bold Text Charge 

AffidavitMaterial 

ENVIRONMENTAL QUALITY BOARD NOTICE OF 

PUBLIC HEARINGS Proposed Amendments to Air Quality Regulat!ons (25 Pa. Code Chapter 127) Air 

Quality Title V Fee Amendment The Environmental 

Quality Board (Board) will hold three public hearings for 

the purpose of accepting comments on a proposed 

rulemaking to arr,end 25 Pa. Code Chapter 127, 

,t1., 

390 

AMOUNT 

Amount Due: 

$643.50 

$2.00 

$5.00 

$650.50 

TearHere ======== ______________________________________________________________________________ __ 

BILLED ACCOUNT NO 

301848 

INVOICE NO. 

100315774-01312013 

** Leg

al ** 

BILLED ACCOUNT 

DEPT OF ENVIRONMENTAL PROT.-BAO 

BILL DATE 

02/02/2013 

MAKE CHECK PAYABLE TO: 

READING EAGLE COMPANY 

P.O. BOX 582 

READING, PA 19603-0582 

ADVERTISING INVOICE 1 STATEMENT 

$650.50 Amount Enclosed: ____ _ 

REMITTANCE - DETACH & RETURN THIS PORTION WITH YOUR PAYMENT 
Department of 

Environmental Protection 

INVOICE NO. COMMON\M:

ALTH OF PENNSYLVANIA 

STD·521 REV. 06-2010 

PUBLICATIONS AUTHORIZATION AND INVOICE ir Resour�e

. 

t-:lanagement 

PUBLICATiONs AUTHORIZATION (To be completed by agency): 

TO:(NAM�ANO.\DCIl£S50FNEWSPAPeRI 1 FEDERAL 1.0. NOJSOC. SEC. NO. FROM: (NAM;':;ANOADORESSOfAGENCV) AGENCY 1 TELEPHONE NO. 

Wilkes-Barre Times Leader i 75

:�.

218

.�?

7 

.......... _._._ ...... _. 

Alex Haas i 717-787-9495 

15 North Main Street PA - DEP/BAQ 

PO Box 730 400 Market Street 

Wilkes�Barre, PA 18711-0250 0 H�rri",hl'ro PA 1710':;

 II 

HERE.\AilTH IS ENCLOSED COPY FOR PU8L1CATION OF ADVERTISEMENT FOR PROPOSALS TO I TYPE OF AD 

r EMPLOY r PURCHASE r. CONTRACT r SELL r CLASSIFIED IX LEGAL NonCE 

PUBLISH ADVERTISEMENT (NO. OF TIMES) I MAXIMUM NO. OF liNES DATE I ORDER NO. 

1x Only JanuaI)l22,2013 

DATES OF INSERTION S!GNAT� fOR AGENCh I 

Janual)l 31, 2013 /lJUL.,<-Z� fil /7 Ul.""--'(l� � 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as follows: 

Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature to be in 

capitals and subject matter and title of officer to be set solid in type regularly used by your newspaper for public (legal) notice 

advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and occupying 

similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any contract 

awarded to it hereunder, said vendor will not discriminate against any employee or other persons on account of race, color, sex, 

religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such discrimination, shall have the right to cancel said contract: Return this copy at once if you will not accept this advertisement under 

the terms set forth. 

Return original and two copies (signed by the editor or publisher) to the agency listed above_ Proof of advertising 

in the form of a tear sheet must be stapled to original and copies, Original must be notarized, 

Commonwealth to be billed oqly for actual number of printed lines published. 

SAP FUND COST CENTER GENERAL lEOGER ACCOUNT CODE % 

SAP 2007712000 CC 3522710000 GL6343200 

I/O 3527127654 

INVOICE (To be completed by publisher)' 

DATE OF INSERTION ACTUAL NO. OF PRINTED LINES COST PER LINE TOTAL AMOUNT 

1st Ad {- ;J.!:

-/3 4J.1,<73 

2nd Ad 

3rd Ad , 

GRAND TOTAL � Qj.1JJ3 

Commonwea th of Pennsylvania 

County of ( � 

Before me, the ubs riber, iary Public in and for said cbunty, p 

WIJ9.-b!o

A§ 

the I I 

duly 

S 

sw r � 

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that the advertisement, of which tearsheet is attached hereto, w· Ub·'l:J'is

h'-e""d,l.in�th-'-e-"r

s of"s=a""id-:-nein the editions of said newspaper, in all respects as ordered and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged any ordinary advertiser for a similar amount of matter occupying similar space and set in a 

Sworn and s,j;e c:1 'IS I".

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similar matter, in said newspaper. � 

day�� \ \\chlv � , SIGNATURE F 7FlAN 

My commission expires 

"This affidavit must be made by the Owner, Publisher, or the designated agent of the owner or publisher 

NOTARIAL SEAL 

EDWARD C SMITH 

Notary Public 

CITY OF WILKES-BARRE, LUZERNE COUNTY 

My Commission Expires Feb 7, 2013 
--------~L,EaAL~rrN~ont~IC~E~------­

ENVlRONMENTAL QUALITY BOARD 

NOTICE OF PUBLIC HEARINGS 

Proposed Amendments to Air Qu81_1ty Regulations 

(25 Pa. Code Chapter 127) 

Air Quality 'Title V Fee Amendment 

The Environm'ental Quality Board (Board) will hold three public hearings for the purpose 

of accepting comments on a proposed rule making to amend 2_5 Pa.' Code Chapter 127, 

Subchapter 1 (relatinQ to Plan-approval and operating permit fees). . . · 

The pro~,~~ed rulerhakinQ wb,~id amen~'§' 127.705 (relati~ to emissib~:.fees) to; ~~:rt"ab~ lish a base Trtlet V annual emission. fee of $85 per ton for up to 4,00Q tons .of regulated 

pollutant, beginning wH:h the fees due by September 1, 2014, for emissions from Title V 

facilities in the 2013 calendar Year. The Initial base Trtle V annual. emission fee,. estabM 

lished at 24 Pa.B;. 5899, ~ovember 26; 1994, was $37 per ton of regulated pollutant up 

to 4,000 tons of each regulated pollutant per Trtle V facility. As provided In § 

127.705(e), the emission fee imposed ulider § 127.705(a) has been increased in each 

year after November 26, 1994, by the percentage, if any, by which the Consumer Price 

Index for the most recent calendar year exceeds the Consumer Price Index for the pre~ 

vious calenct.ar year. under the existing regulatory framework, the base-_Trtle V annual 

emission-le_e l:'l~ not been- rev1sed since_ 1994._ The .Trtle v- annual. emission fee due 

september 1, 2012·, for: emissions occurring In: calendar, year 2011 was $56.per ton of 

r~ulated pollutant for up to 4,000 tons of each regulated pollutant. · 

MinOr-- clarify_ing. amendments are proposed for.'§-127.-701 (relating to generaLprovi~ 

sions). The proposed rulemaking would revise_§ 127~701 to clarify that fees paid to the 

' Department are deposited. into the Pennsylvania_ Clean Air Fund. The_proposal would 

also- make additional editorial Chll,ngeS to thiS'- section~ . . . \ 

This proposed rulemaking will be effective upon fii"lll.l-::fontt Publication in the Pennsylva~ ·

1 

nia Bulletin. · 

The proposed_ rulemaking will. be sUbmttt:ed to the Uri_ited StateS Environm_ental ProtecM 

tiori Agendy upon~final~fonn·-pUblication for approval·.as a revision- to the·.CommonM 

wealth's _state Implementation Plan or as_ ·an amendinent to -:th~ Title V PrOgr~m · 

Approval codified in 40 CFR Part 70, Appendix A (relating to approval status of state · and local oper_ating permits programs), as appropriate. · 

Public ~~a-~Jngs 

The hearings irm be held as follOws: 

March 5, 2013 

1 p.m. 

I March 6, 2013 

1p.m. 

March 7, 2013 

1 p.m. 

. . 

. Department of Envlronme~~ Proteetib'ri 

Southwest Regional Office 

Waterfront A Conference Room 

400 WaterfrOnt Drive 

Pittsburgh, PA 15222,4745 

Department of Environmental Protection 

SOutheast Regional Office 

Delaware River Conference Room 

2 East Main Street 

Norristown, PA 19401 

Department of Environmental Protection 

Rachel Carson State Office Building 

Conference Room 105 

400 Market Street 

H;:lrrisburg; PA -17105 

Pei"~ons wishing to present teSti~ony_- at a h6aring are requested -to cOntact the. Envi~ ronmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477, (717)787-4526 at 

least---1 week in _advance of the hearing tP reserv~ .a time to prese_nt testimony. -Oral 

testimony is limited to 1P minute_s- fQr each Witness. Witnesses are :t'f3QtJested_ to subM 

mit, three. wr:ttt:~l'l copies of their oral testimony to the h9aring· chairpersor~ ~the hearM 

ing. _OrganizationS are limited to de$ignating one witn~ss to present testimony on their 

behalf at each hearing, · 

Persons in need of accommodations as p_rovided for ih the Americans with DisabiUties 

Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania 

' AT&T Relay Service at (800) 654·5984 (TOO users) or (800) 654·5988 (voice users) to 

discuss how the Board may acCommodate. their need!;l. 
Written CommentS . . . . 

Interested persons are invited to. ~ul:;)mit comments, suggestions or objections regarding the proposed rulemaking·to the Envil"onmental Quality Board, P.O. Box 8477, Har .. risburg, PA 17105·~_8477 (express mail: Rachel Carson state Office Building, 16th Floor, 

400 MSrket street, Harrisburg, PA 17101_:..2301). Comments submftted by facsiinile will 

not be accepted. · Comments, suggestions or objections must be received by the 

Board on or·before April 8, 2013. Interested persons may also submit a summary of 

their comments to· _the Bo_ard. _The summary may not exceecl one page 'in length and 

must also be _received on ()r before .April .8, 2013. The orle-page summary will be pro..: 

vided to eaCh. member of the Board in the agenda packet distributed prior to the meetin!;J at which ~he final regulation will be considered. 

Ele~rol'llc Comments 

Co'mmerits-may be Submitted electronically t() the Board at RegCommentS@pa.gov and . must·be received-by the Board on or before April _a, 2013. A subject headlng_of_the 

Pr9P9~!!1, ~g~t~ --~~~4rt.l}"~.?'Jtle a'1c:t~~_gr~~·-P'lust be -included. in each ~ransm!ssion. If the ! sender does:not 'receiVe'' an aclmOVJiecJgernent _of electromc comrtlents withiJ1_·2 work-

\ ing days,: ~~e-;,co_"':lme~ should be- ~~tr'ftOSrylltte~ to the Board tb erisure r~ceipt. 

COpies ()f tit'ilc'PrCipiMI'al ''·'·'''"i "''·c•' 

The full text of the proposed ru·lerilaking will ~ published in_ the FebruSry _2, 2013, issue 

of the Pennsylvania Bulletin and wm __ be available_. at wwv.r.oabultetin.com_._as well as .on 

the_ Department of· EnVironmental Protection'S" web site_·at Error!· Hyperllnk· reference not valid.www.dep.state.pa.us {DEP Sec;~,rch/Keyword: "Public Participation"; 

select "Public Participation Ce:nter"; then.chOOiSe'.'.'Proposals Curre_ntly Open for Com~ 

ment''}. ·Copies of the proposalll}ay also be obtained-from_ Dean Van Orden, Assistant 

Director, Bureau of Air Quality,-p:o. Box 8468, Rachel Carson state Office Building; HarJisburg, PA 17105-!1468, by email at dvanorden@pa.gov or b¥ phone at (717) 783-8949. 

MICHAEL KRANCER 

Chairperson 
THE TIMES LEADER weeKender 

Please make checks payable to: 

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P.O. Box 730 

Wilkes-Barre, PA 18703-0730 

DEPT ENVIRONMENTAL PROTECTION 

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