# 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. Christopher Abruzzo

# ~ Secretary

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, PA17105-8468, (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 StationarySource 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 ofTitle 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 establishfees 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 localair pollution control agencies in Allegheny and Philadelphia Counties collect the Title V annual emission feerevenue 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 thecost for certain activities related to major facility operations, including the review and processing of plan approvals and operating permits; emissions and ambient airmonitoring; preparing applicable regulations and guidance; modeling, analyses and demonstrations; and preparing emission inventories and tracking emissions. Directand 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 Vannual 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 theexisting 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 ofregulated 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 forTitle 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 airpollution at Title V facilities cannot be constructed without a plan approval. The installation of air pollution control equipment requires Department approval of aplan 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 PermitProgram 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 forprojects 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 sanctionswould 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 Vannual 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 ResponsesMajor comments and responses on the proposed rulemakingThe 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 modelinganalysis and add monitors in the Marcellus Shale counties.

The Board disagrees. The significant drop in Title Vrevenue 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 correlatedirectly 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 feeis 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 perton 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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### 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 legislativeaction 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 andpass 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 approvalapplications 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 thisCommonwealth. Air program staff operates and maintains a source testing program to ensure compliance with applicable requirements. Significant staff resources havebeen 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 requirepromulgation 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 thenumber 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 emissionfees 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 structurefor 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 afee 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 mainlyto 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 isbecause the inspections have become more complex, tak

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### 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 considerdelaying 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 toallow 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 tofunding 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 needswhile 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. Forexample, 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 certificationsand 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 thisCommonwealth 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 sufficientstaff 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 criticalcomponent 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 profitablebusiness 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 tourismindustries, 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 anticipatedincreased 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 thepublic 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 pollutantwill 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 theTitle V annual emission fee will provide projected increased emission fee revenue of approximately $570,000 and $167,000 for the approved local air pollution controlagency 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 approvalapplications 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 thepublic 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 forthe 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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### 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 forachieving 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 incorporationof 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 ormove beyond compliance. The anticipated increased revenues will allow the Department and approved local air pollution control agencies to continue providing adequateoversight 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 publiccomment 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 andSenate 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 ofthe 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 pollutioncontrol 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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### (c) Fees collected under this subchapter to implement the requirements of Title V of the Clean Air Act and theSmall 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 orAllegheny 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 aTitle 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 aNational 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 deCárdenas, 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 onthe 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), whichgrant 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 Departmentof 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-scaledust 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. 

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# 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 statusof 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, PA17105-8468, (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 regardingsubmitting 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 StationarySource 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 ofTitle 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 establishfees 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 Vannual 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 localair pollution control agencies in Allegheny and Philadelphia Counties collect the Title V annual emission feerevenue 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 thecost for certain activities related to major facility operations, including the review and processing of plan approvals and operating permits; emissions and ambient airmonitoring; preparing applicable regulations and guidance; modeling, analyses and demonstrations; and preparing emission inventories and tracking emissions. Directand indirect program costs include personnel costs, oper

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### 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 yearexceeds 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 Vannual 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 majorstationary 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 certainsources 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 technicalservices. 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 conductinspections, 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 PermitProgram 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 forprojects 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 

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### 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, $17.295million 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 toaddress 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 pollutantwould 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 itsplan 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 adequatelyfunded 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, whennecessary, 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 2016-2017and 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 forachieving 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 incorporationof 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 ormove beyond compliance. The anticipated increased revenues would allow the Department and county agenciesto 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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### 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, IRRCmay convey any comments, recommendations or objections to the proposed rulemaking within 30 days of theclose 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, priorto 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 QualityBoard, 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 ofelectronic comments within 2 working days, the comments should be retransmitted to ensure receipt.
K. Public Hearings

The Board will hold three public hearings for thepurpose 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 inthe 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 andEnvironmental 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 fromthe 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 TitleV 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 aNational 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 theissuance 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 C # 2980 2 of

18 Air Quality Title V Fee Amendment Proposed Rulemaking

On February 2, 2013, the Environmental QualityBoard (Board, EQB) published a notice of public hearings and comment period for a pr oposed rulemaking concerning revisions to 25 Pa. Code Chapter 127 (relating to construction, modification, reactivation and ope ration of sources).

The proposed rulemaking would amend § 127.705 (relati ng 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, es 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 § 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 sin ce 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 regulat ed 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 effectiv e upon final-form publication in the Pennsylvania Bulletin

.

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 3 of

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 recei ved during the public comment period. Each public comment is listed with the identifying co mmentator 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 i nvited each commentator to prepare a one-page summary of the commentator’s comments. On e one-page summary was submitted to the Board for this rulemaking. No testimony was presente d at the hearings. The House and Senate Environmental Resources and Energy Co mmittees did not submit comments.

Copies of all comments receive d 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 C # 2980 4 of

18 

# Table of Commentators for the Environmental Quality Board Air Quality Title V Emission Fee Amen dment 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 C # 2980 5 of

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 inade quate DEP staffing to ensure compliance and to conduct sampling and ambient air mon itoring in the Marcellus Shale area. (1)

Response: This comment is beyond the scope of th e rulemaking. Nevertheless, the Department believes that there is sufficient staffing to im plement the Title V permitting program. Because the vast majority of the Marcellu s 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 Bu reau of Air Quality’s ability to purchase air sampli ng and monitoring equipment, perf orm modeling analysis and add monitors in the Marcellus Shale counties. There are no permanent air qual ity monitoring sites in the Marcellus Shale and Northern Tier counties. These ar eas should be protected. (1)

Response: The significant drop in Title V revenue th at has occurred recently is due to the installation of air pollution control equipment at T itle 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 ai r 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 revisethe 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 requirement s. 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 C # 2980 6 of

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 DE P. A program deficiency would need to be corrected within 18 months to avoid mandatory Clean Air Act (CAA) sanc tions including 2-to-1 emission offsets for the construc tion of major sources and loss of federal highway funds ($1.06 billion in 2012 if the funds are not oblig ated 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 capit al projects. (3)

Response: The proposed $85 per ton Title V emission f ee 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 Technol ogy (MACT) standards for boilers

• MACT for electric generating units

• MACT for Commercial and Industrial Solid Waste Incinerators

• MACT for Reciprocating I ndustrial 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 Infe ctious 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 (rev ised 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 Availabl e Control Technology

The implementation of certain federal rules may require state regulatory action to attain and maintain the NAAQS. Implementation of the NAAQ S 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 C # 2980 7 of

18 The Department has provided the justification n eeded to support the fee increase. Adequate funding will assure the regulated industry that their plan approval applic ations and permits are reviewed in a timely manner, sustaining thei r 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 emi ssion fee will assure the residents of this Commonwealth that the Commonwea lth’s air pollution control progr am is adequately funded for the next few years. The anticipated increased revenues will allow the Department and approved local air pollution control agencies to continueproviding adequate oversi ght of the air pollution sources in this Commonwealth and take action, wh en necessary, to reduce emissions to achieve healthful air quality and ensure continued protection of the environment and the public health and welfare of the resident s 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 in crease would not address th e 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 Facili ties 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 inthe next few years.) Funds sufficient to support the program need to be collected before the fund is in defic it. 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 in cluding 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 coll ected 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 sour ce 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 fa cility 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 st ated 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 C # 2980 8 of

18 8. Comment: The fees are substantially out of line withfees 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 beable to draw new industry on the basis of having a lower Title V annual emission fee than near by states. This could serve to increase total Title V fee revenue if there are more s ources subject to the annual emission fee.

All states are required by the CAA to collect Titl e 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, C onnecticut’s Title V emission fee is $301.09 per ton of emissions of regulated pollutant based on an “Inventory Stabiliz ation 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 Conn ecticut 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 po llutant for emissions of less than 1,000 tons per year to $65 per ton of regulated pollutant for emissions of morethan 5,000 tons per year; the fee is applied to emissions up to 7,000 tons of any regulated pollut ant. The New York Title V emission fee for 2013 has not changed from the 2012 level. For 20 13, 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 EQ B 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 pollutan t is established in section 502(b) of the CAA and section 6.3 of the APCA. While cert ain states including Connecticut, Maryland, New York, Ne w Jersey, and North Carolina ha ve 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 scopeof the proposed rulemaking. The Department acknowledges that there are alternatives that will be examinedas part of the comprehensive fee review, but those alternatives must bewithin 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 C # 2980 9 of

18 Response: The Department disagrees with the asserti on that the Title V annual emission fee is a tax. The Department of Environmental Protection doe s 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 viabil ity of the air quality program.

The Board first proposed a Title V fee amen dment in 2009 at 39 Pa.B. 6049 (October 17, 2009) and adopted the fee in November 2010. Howeve r, the final-form regulation was withdrawn by the Board in December 2011 from considerati on 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 Bulletinin 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 fr om the previous calendar year. Consequently, the Title V fee for emissions of regulated pol lutants 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 datethere are nine plan approval applications in various stages of approval with the Department related to the construc tion 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, respondto 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 devotedto permitting and inspection of unconventional natural gas development activities. Further, th e 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 Technol ogy (MACT) standards for boilers

• MACT for electric generating units

• MACT for Commercial and Industrial Solid Waste Incinerators

• MACT for Reciprocating I ndustrial 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 Infe ctious Waste Incinerators

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 10 of

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 (rev ised 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 Availabl e 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 re vised NAAQS requires development of revised attainment and maintenance SIPs, emission inve ntories, ambient air modeling, inspections of affected facilities and sources, demonstrations tothe EPA of adequate Department resources to implement the standards and programs, demons trations 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 ope rating 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 fede ral regulations and re vised 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 recogni ze the inordinate re gulatory costs borne by the manufacturing industry. The number of significant fede ral and state rulemakings has resulted in significant costs to the regulated community. The anal ysis 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. Howe ver, the CAA and APCA require the Department to establish a Title V fee structure that is sufficient to c over 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 n eeded 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 havebeen a significant number of regulatory changes on the federal and state levels that must be reviewed and anal yzed for applicability to and compliance for each Title V permit application. See Response to Comment 11.

14. Comment: The majority of the proposedincrease of fees would in equitably be absorbed by a few manufacturing facilities and is not commensurate with DEP’s resources needed to administer the program. The comme ntator notes that 40% of the Title V fees paid in Allegheny

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 11 of

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 thatdoes not attain the 1-hour PM 2.5 

## healthbased NAAQS. The monitor in this nonattainment area measur es ambient levels of fine particulates that are the second highest in the nation. Conseque ntly, 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 incr ease would be a disinc entive to build or expand a significant manufacturing f acility in Pennsylvania. (3)

Response: The Department disagrees that the proposedincrease 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 manuf acturing facilities are considering locating in Pennsylvania. The decision by a business owner/operator to locate in this Commonwealth considers many factors, includi ng 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 inline 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 Bulletinproposed rulemaking notice, the proposed rulemaking does not establish a fee structure for carbon dioxide and other greenhouse gases (GHG) including hydrofluorocarbons, methane, nitrous oxide, perfluor ocarbons, and sulfur hexafluoride. On June 3, 2010, the EPA finalized the Prevention of Sign ificant Deterioration and Title V Greenhouse Gas Tailoring Rule (Tailoring Rule). See 75 FR 31514 (June 3, 2010). As the Tailoring Rule relates to the applicabil ity 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 woul d be difficult to apply the Title V fee to GHG gases, based on the larg e amount of GHG emissions relative to other pollutants and the need for better data to es tablish a GHG-specific fee amount. However, the EPA did commit to addressing this issue in a fu ture rulemaking and to work with states to develop a workable fee approach. The EPA ha s not yet proposed a fee schedule under the CAA for GHG emissions. Consequently, the Board di d 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 C # 2980 12 of

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 T itle 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 Departme nt 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 st akeholders sufficient time to examine the most appropriate means to s upport 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 samenumbers of Department staff are needed for inspections when the number of Titl e V facilities is decreasing. The commentator disagrees with the assumption that fewer inspectors equates to le ss environmental protection. (2)

Response: The Department agrees that there has b een 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 thaninspections that occu rred 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 increasein 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 solv ency of the Clean Air Fund Title V Major Emission Facilities Account and de termined that there will not besufficient funds to sustain the Title V permitting program beginning in fiscal y ear 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 i ndustry, including the delay in revising and

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 13 of

18 addressing plan approvals and operating permits including renewals and amendments. There will not be sufficient staff to conduct facility in spections, respond to complaints, assess the risks of hazardous air pollutant emissions, monitor th e ambient air in the Commonwealth, and operate and maintain a source testing program to ensure compliance with applicable requirements. All of these factors could contribu te 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 aff ected owners/operators of Title V facilities of the need to address the revenue shortfall. Further, payment of the emi ssion 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 February2, 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, fewe r inspections and enforcement actions, and slower complaint response. Inadequate funding will impact the air monito ring 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 f ee 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 revi sion to the Title V annual emissi on fee will provid e a “bridge” to allow additional time for the Department to de velop 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 ha s 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 C # 2980 14 of

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 in crease 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 ai r quality program. The current Comparative Financial Statement for the Clean Air Fund show s that the Title V Major Emission Facilities Account will have a negative balance at the e nd 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 mo st 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 pow er 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 thatshould 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 inair emissions has not resulted in a commensurate reduction in the cost of enforcement. (5)

Response: The Department acknowledges that the num ber of Title V facilities has decreased since the beginning of the program in the early 1 990s. 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/ope rators 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 re newals and amendments, conduct facility inspections, respond to complaints, assess the risk s 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 applic able requirements. Further, the Department projects an increased workload due to the impl ementation of new or revised federal regulations including, but not limited to, the following:

• Maximum Achievable Control Technol ogy (MACT) standards for boilers

• MACT for electric generating units

• MACT for Commercial and Industrial Solid Waste Incinerators

• MACT for Reciprocating I ndustrial Combustion Engines

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 15 of

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 Infe ctious 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 (rev ised 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 Availabl e 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 re vised NAAQS requires development of revised attainment and maintenance SIPs, emission inve ntories, ambient air modeling, inspections of affected facilities and sources, demonstrations tothe EPA of adequate Department resources to implement the standards and programs, demons trations 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. Th e revisions to the various NAAQS also, in some cases, require the installation of additional ambient air monitors to the existi ng 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 th e 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 Mobileand Area Facilities Account of th e Clean Air Fund in fiscal year 2012-2013. These expenditures included staff trai ning, 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 conti nue to look for cost reducti ons that can be implemented without negatively impacting the Title V permitti ng 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 C # 2980 16 of

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 comm ent 24, the Department recognizes that the proposed increase to the Title V annual emissionfee 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 Accoun t will have a negative balance at the end of fiscal year 2015-2016. As noted in the minut es 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 futureas 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 financia l impact for businesses? Could the fee increase be a disincentive to build or expand inPennsylvania? How will the fee increase affect employment? Could these factor s result in a net loss of revenu es 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 inthe surrounding states or draw business and employment opportunities away from the Commo nwealth. 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 issu e of declining revenues due to declining emissions of regulatedpollutants. Connectic ut, Maryland, New York, and New Jersey no longer limit emission fee applicab ility 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 ensu re 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 pe r 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 Titl e 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; Mary land has no cap on the amount of emissions of

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 17 of

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 4,00 0 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 in cluding 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 th e Title V annual emission fee, by itself, will be a disincentive for businesses tobuild or expand in Pennsylvania. The decision by a business owner or operatorto 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 th e Commonwealth. The Commonwealth has been able to and continues to attract busi nesses and major manufacturing facilities. The Department believes that provi ding funding for a sustainable Title V program will eliminate doubts and concerns of the owners or oper ators of Title V facilities as to the ability to obtain a permit and the viability of th e 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, assessi ng 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 retireme nt or deactivation of electric generating units that will have a si gnificant negative impact on the Title V permitting program. Because of declining Title V emissi on 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 co al-fired power plants, defi cits of $7.235 million and $19.406 million in fiscal years 2015-2016 and 2016-2017, re spectively, 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 willnot 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 ame ndments since the Department will necessarily be forced to reduce staff in order to balance th e budget. There will not be sufficient staff to conduct facility inspections, respondto complaints, assess the risks of hazardous air pollutant emissions, monitor the ambient air in the Co mmonwealth, and operate and maintain a source testing program to ensure compliance with applic able 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 Ti tle 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 C # 2980 18 of

18 calendar year 2013 will not be due until September 1, 2014, 19 months after publication on February 2, 2013, of the rulemaking notice proposi ng 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 co sts 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 benef its to Commonwealth residents of attaining and maintaining the NAAQS are significant. The EPA has estimatedthe monetized health benefits of attaining ambient air quality standards. For example, the EPA estimated that the monetized health benefits of attaini ng the 8-hour ozone standard of 0.075 ppm range from $8.3 billion to $18 billion on a national basis. See Regulatory Imp act Analysis, Final National Ambient Air Quality Standard for Ozone, July 2011, http://www.ep a.gov/glo/pdfs/201107_OMBdraft-OzoneRIA.pdf. Prorating that benefit to th e Commonwealth, based on population, results in a public health benefit of $337 million to $732 million. The proj ected costs of increased Title V annual emission fees ranging from $5,830,000 in fiscalyear 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 mo netized 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 attain ing the NAAQS. Ensuring that there are sufficient staff and resources to implement the Title V permitting progr am 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, su staining 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 regulatedindustries and small businesses. Maintaining a healthy environment will benefit the agricultural and tourism indus tries, both of which provide many jobs. All of these situations will in crease 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 c ontinue 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 conti nued protection of the environment and the public health and welfare of the residents of this Commonwealth.**Depa!tr",�;·,t** 

### Jf **Environment1..**

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**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**  **AD**

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### r: **PURCHASE** 

## J: **CONTRACT** 

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### 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**  **dis 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** 

**1103527127654**

**INVOICE (To**  **be completed**  **by publisher):** 

**DATE OF**  **INSERTION ACTUAL**  **NO. OF**  **PRINTED LINES**  **COST PER**  **LINE TOTAL**  **AMOUNT**

**1st Ad** 

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### GRAND **TOTAL -7** 

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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 Sfate Office BUilding, 

### -Harrisburg, PA 17105-8468 1 

### 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** 



# careerbuildorel**llll 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 Classi**  **f ie**  **d s**  

## 400 **Fair Avenue**  **Beaver. PA**  

## 15009 **III FROM:**  **(NAME AND**  **ADDRESS OF**  **AGENCY)** 

## L2� **5 :CI51**  **2 !;��**  **3**

**.. ...............................**  **.................**



# I **Alex H**  **aas 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**  **dis 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.**
**R e turn**  **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** 

**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** 

## ---!---n;""'IiIT:v.m;;::m;;.,.. **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 VfacUlty. 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 · Marcb7 1 

### 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 **Management**

**Division 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**

**- 04339**  **1 3**  **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 dis**  **crimination, 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)**

**GRAND T O** 

**TAL** 

### � 

# rnq .'1,,<::;

**__ �,·-,-c,�""." .U,U:l**  **'",;J;)(J;;:n:)\'-,J' �ALr 10 (Y:;2, 'S**

**·!)::::\l!::,J\'1**

**'--** 

### _ **_ .;,,** 
**_ ·**  **;.,.--'-**

**�'- ;'�-i** 

**,i'�::;::**

**:ti, ·**  **"'��-'r.**

**·-:**
**_____ ____**  **__ __**  **_**

### ---------- **--,------, 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..l �!-jJ�** 

**Ll...**

**&bOLr**

**Trr __**  **____**

**_ the**  

### " 

## I **.- mes a**  **general newspaper**  **published at** 



## .,,- **f-�'+;**

**'--'**

**'''''' ,!,-,** 

**L''': +-ll** 

**'---: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 p**  **U blish.m:-**  **My** 

### Comm**ission ExpIres Feb. 19,2013 il.M�mh0r, DennsvtwmiB Association 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,:

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# 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 C # 2980 2 of

18 Air Quality Title V Fee Amendment Proposed Rulemaking

On February 2, 2013, the Environmental QualityBoard (Board, EQB) published a notice of public hearings and comment period for a pr oposed rulemaking concerning revisions to 25 Pa. Code Chapter 127 (relating to construction, modification, reactivation and ope ration of sources).

The proposed rulemaking would amend § 127.705 (relati ng 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, es 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 § 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 sin ce 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 regulat ed 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 effectiv e upon final-form publication in the Pennsylvania Bulletin

.

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 3 of

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 recei ved during the public comment period. Each public comment is listed with the identifying co mmentator 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 i nvited each commentator to prepare a one-page summary of the commentator’s comments. On e one-page summary was submitted to the Board for this rulemaking. No testimony was presente d at the hearings. The House and Senate Environmental Resources and Energy Co mmittees did not submit comments.

Copies of all comments receive d 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 C # 2980 4 of

18 

# Table of Commentators for the Environmental Quality Board Air Quality Title V Emission Fee Amen dment 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 C # 2980 5 of

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 inade quate DEP staffing to ensure compliance and to conduct sampling and ambient air mon itoring in the Marcellus Shale area. (1)

Response: This comment is beyond the scope of th e rulemaking. Nevertheless, the Department believes that there is sufficient staffing to im plement the Title V permitting program. Because the vast majority of the Marcellu s 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 Bu reau of Air Quality’s ability to purchase air sampli ng and monitoring equipment, perf orm modeling analysis and add monitors in the Marcellus Shale counties. There are no permanent air qual ity monitoring sites in the Marcellus Shale and Northern Tier counties. These ar eas should be protected. (1)

Response: The significant drop in Title V revenue th at has occurred recently is due to the installation of air pollution control equipment at T itle 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 ai r 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 revisethe 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 requirement s. 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 C # 2980 6 of

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 DE P. A program deficiency would need to be corrected within 18 months to avoid mandatory Clean Air Act (CAA) sanc tions including 2-to-1 emission offsets for the construc tion of major sources and loss of federal highway funds ($1.06 billion in 2012 if the funds are not oblig ated 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 capit al projects. (3)

Response: The proposed $85 per ton Title V emission f ee 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 Technol ogy (MACT) standards for boilers

• MACT for electric generating units

• MACT for Commercial and Industrial Solid Waste Incinerators

• MACT for Reciprocating I ndustrial 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 Infe ctious 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 (rev ised 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 Availabl e Control Technology

The implementation of certain federal rules may require state regulatory action to attain and maintain the NAAQS. Implementation of the NAAQ S 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 C # 2980 7 of

18 The Department has provided the justification n eeded to support the fee increase. Adequate funding will assure the regulated industry that their plan approval applic ations and permits are reviewed in a timely manner, sustaining thei r 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 emi ssion fee will assure the residents of this Commonwealth that the Commonwea lth’s air pollution control progr am is adequately funded for the next few years. The anticipated increased revenues will allow the Department and approved local air pollution control agencies to continueproviding adequate oversi ght of the air pollution sources in this Commonwealth and take action, wh en necessary, to reduce emissions to achieve healthful air quality and ensure continued protection of the environment and the public health and welfare of the resident s 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 in crease would not address th e 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 Facili ties 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 inthe next few years.) Funds sufficient to support the program need to be collected before the fund is in defic it. 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 in cluding 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 coll ected 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 sour ce 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 fa cility 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 st ated 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 C # 2980 8 of

18 8. Comment: The fees are substantially out of line withfees 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 beable to draw new industry on the basis of having a lower Title V annual emission fee than near by states. This could serve to increase total Title V fee revenue if there are more s ources subject to the annual emission fee.

All states are required by the CAA to collect Titl e 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, C onnecticut’s Title V emission fee is $301.09 per ton of emissions of regulated pollutant based on an “Inventory Stabiliz ation 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 Conn ecticut 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 po llutant for emissions of less than 1,000 tons per year to $65 per ton of regulated pollutant for emissions of morethan 5,000 tons per year; the fee is applied to emissions up to 7,000 tons of any regulated pollut ant. The New York Title V emission fee for 2013 has not changed from the 2012 level. For 20 13, 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 EQ B 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 pollutan t is established in section 502(b) of the CAA and section 6.3 of the APCA. While cert ain states including Connecticut, Maryland, New York, Ne w Jersey, and North Carolina ha ve 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 scopeof the proposed rulemaking. The Department acknowledges that there are alternatives that will be examinedas part of the comprehensive fee review, but those alternatives must bewithin 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 C # 2980 9 of

18 Response: The Department disagrees with the asserti on that the Title V annual emission fee is a tax. The Department of Environmental Protection doe s 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 viabil ity of the air quality program.

The Board first proposed a Title V fee amen dment in 2009 at 39 Pa.B. 6049 (October 17, 2009) and adopted the fee in November 2010. Howeve r, the final-form regulation was withdrawn by the Board in December 2011 from considerati on 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 Bulletinin 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 fr om the previous calendar year. Consequently, the Title V fee for emissions of regulated pol lutants 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 datethere are nine plan approval applications in various stages of approval with the Department related to the construc tion 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, respondto 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 devotedto permitting and inspection of unconventional natural gas development activities. Further, th e 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 Technol ogy (MACT) standards for boilers

• MACT for electric generating units

• MACT for Commercial and Industrial Solid Waste Incinerators

• MACT for Reciprocating I ndustrial 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 Infe ctious Waste Incinerators

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 10 of

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 (rev ised 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 Availabl e 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 re vised NAAQS requires development of revised attainment and maintenance SIPs, emission inve ntories, ambient air modeling, inspections of affected facilities and sources, demonstrations tothe EPA of adequate Department resources to implement the standards and programs, demons trations 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 ope rating 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 fede ral regulations and re vised 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 recogni ze the inordinate re gulatory costs borne by the manufacturing industry. The number of significant fede ral and state rulemakings has resulted in significant costs to the regulated community. The anal ysis 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. Howe ver, the CAA and APCA require the Department to establish a Title V fee structure that is sufficient to c over 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 n eeded 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 havebeen a significant number of regulatory changes on the federal and state levels that must be reviewed and anal yzed for applicability to and compliance for each Title V permit application. See Response to Comment 11.

14. Comment: The majority of the proposedincrease of fees would in equitably be absorbed by a few manufacturing facilities and is not commensurate with DEP’s resources needed to administer the program. The comme ntator notes that 40% of the Title V fees paid in Allegheny

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 11 of

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 thatdoes not attain the 1-hour PM 2.5 

## healthbased NAAQS. The monitor in this nonattainment area measur es ambient levels of fine particulates that are the second highest in the nation. Conseque ntly, 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 incr ease would be a disinc entive to build or expand a significant manufacturing f acility in Pennsylvania. (3)

Response: The Department disagrees that the proposedincrease 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 manuf acturing facilities are considering locating in Pennsylvania. The decision by a business owner/operator to locate in this Commonwealth considers many factors, includi ng 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 inline 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 Bulletinproposed rulemaking notice, the proposed rulemaking does not establish a fee structure for carbon dioxide and other greenhouse gases (GHG) including hydrofluorocarbons, methane, nitrous oxide, perfluor ocarbons, and sulfur hexafluoride. On June 3, 2010, the EPA finalized the Prevention of Sign ificant Deterioration and Title V Greenhouse Gas Tailoring Rule (Tailoring Rule). See 75 FR 31514 (June 3, 2010). As the Tailoring Rule relates to the applicabil ity 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 woul d be difficult to apply the Title V fee to GHG gases, based on the larg e amount of GHG emissions relative to other pollutants and the need for better data to es tablish a GHG-specific fee amount. However, the EPA did commit to addressing this issue in a fu ture rulemaking and to work with states to develop a workable fee approach. The EPA ha s not yet proposed a fee schedule under the CAA for GHG emissions. Consequently, the Board di d 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 C # 2980 12 of

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 T itle 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 Departme nt 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 st akeholders sufficient time to examine the most appropriate means to s upport 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 samenumbers of Department staff are needed for inspections when the number of Titl e V facilities is decreasing. The commentator disagrees with the assumption that fewer inspectors equates to le ss environmental protection. (2)

Response: The Department agrees that there has b een 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 thaninspections that occu rred 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 increasein 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 solv ency of the Clean Air Fund Title V Major Emission Facilities Account and de termined that there will not besufficient funds to sustain the Title V permitting program beginning in fiscal y ear 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 i ndustry, including the delay in revising and

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 13 of

18 addressing plan approvals and operating permits including renewals and amendments. There will not be sufficient staff to conduct facility in spections, respond to complaints, assess the risks of hazardous air pollutant emissions, monitor th e ambient air in the Commonwealth, and operate and maintain a source testing program to ensure compliance with applicable requirements. All of these factors could contribu te 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 aff ected owners/operators of Title V facilities of the need to address the revenue shortfall. Further, payment of the emi ssion 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 February2, 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, fewe r inspections and enforcement actions, and slower complaint response. Inadequate funding will impact the air monito ring 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 f ee 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 revi sion to the Title V annual emissi on fee will provid e a “bridge” to allow additional time for the Department to de velop 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 ha s 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 C # 2980 14 of

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 in crease 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 ai r quality program. The current Comparative Financial Statement for the Clean Air Fund show s that the Title V Major Emission Facilities Account will have a negative balance at the e nd 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 mo st 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 pow er 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 thatshould 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 inair emissions has not resulted in a commensurate reduction in the cost of enforcement. (5)

Response: The Department acknowledges that the num ber of Title V facilities has decreased since the beginning of the program in the early 1 990s. 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/ope rators 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 re newals and amendments, conduct facility inspections, respond to complaints, assess the risk s 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 applic able requirements. Further, the Department projects an increased workload due to the impl ementation of new or revised federal regulations including, but not limited to, the following:

• Maximum Achievable Control Technol ogy (MACT) standards for boilers

• MACT for electric generating units

• MACT for Commercial and Industrial Solid Waste Incinerators

• MACT for Reciprocating I ndustrial Combustion Engines

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 15 of

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 Infe ctious 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 (rev ised 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 Availabl e 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 re vised NAAQS requires development of revised attainment and maintenance SIPs, emission inve ntories, ambient air modeling, inspections of affected facilities and sources, demonstrations tothe EPA of adequate Department resources to implement the standards and programs, demons trations 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. Th e revisions to the various NAAQS also, in some cases, require the installation of additional ambient air monitors to the existi ng 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 th e 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 Mobileand Area Facilities Account of th e Clean Air Fund in fiscal year 2012-2013. These expenditures included staff trai ning, 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 conti nue to look for cost reducti ons that can be implemented without negatively impacting the Title V permitti ng 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 C # 2980 16 of

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 comm ent 24, the Department recognizes that the proposed increase to the Title V annual emissionfee 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 Accoun t will have a negative balance at the end of fiscal year 2015-2016. As noted in the minut es 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 futureas 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 financia l impact for businesses? Could the fee increase be a disincentive to build or expand inPennsylvania? How will the fee increase affect employment? Could these factor s result in a net loss of revenu es 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 inthe surrounding states or draw business and employment opportunities away from the Commo nwealth. 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 issu e of declining revenues due to declining emissions of regulatedpollutants. Connectic ut, Maryland, New York, and New Jersey no longer limit emission fee applicab ility 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 ensu re 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 pe r 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 Titl e 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; Mary land has no cap on the amount of emissions of

## Air Quality Title V Fee Amendment Comment Response



## EQB # 7-478 IRR C # 2980 17 of

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 4,00 0 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 in cluding 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 th e Title V annual emission fee, by itself, will be a disincentive for businesses tobuild or expand in Pennsylvania. The decision by a business owner or operatorto 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 th e Commonwealth. The Commonwealth has been able to and continues to attract busi nesses and major manufacturing facilities. The Department believes that provi ding funding for a sustainable Title V program will eliminate doubts and concerns of the owners or oper ators of Title V facilities as to the ability to obtain a permit and the viability of th e 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, assessi ng 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 retireme nt or deactivation of electric generating units that will have a si gnificant negative impact on the Title V permitting program. Because of declining Title V emissi on 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 co al-fired power plants, defi cits of $7.235 million and $19.406 million in fiscal years 2015-2016 and 2016-2017, re spectively, 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 willnot 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 ame ndments since the Department will necessarily be forced to reduce staff in order to balance th e budget. There will not be sufficient staff to conduct facility inspections, respondto complaints, assess the risks of hazardous air pollutant emissions, monitor the ambient air in the Co mmonwealth, and operate and maintain a source testing program to ensure compliance with applic able 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 Ti tle 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 C # 2980 18 of

18 calendar year 2013 will not be due until September 1, 2014, 19 months after publication on February 2, 2013, of the rulemaking notice proposi ng 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 co sts 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 benef its to Commonwealth residents of attaining and maintaining the NAAQS are significant. The EPA has estimatedthe monetized health benefits of attaining ambient air quality standards. For example, the EPA estimated that the monetized health benefits of attaini ng the 8-hour ozone standard of 0.075 ppm range from $8.3 billion to $18 billion on a national basis. See Regulatory Imp act Analysis, Final National Ambient Air Quality Standard for Ozone, July 2011, http://www.ep a.gov/glo/pdfs/201107_OMBdraft-OzoneRIA.pdf. Prorating that benefit to th e Commonwealth, based on population, results in a public health benefit of $337 million to $732 million. The proj ected costs of increased Title V annual emission fees ranging from $5,830,000 in fiscalyear 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 mo netized 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 attain ing the NAAQS. Ensuring that there are sufficient staff and resources to implement the Title V permitting progr am 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, su staining 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 regulatedindustries and small businesses. Maintaining a healthy environment will benefit the agricultural and tourism indus tries, both of which provide many jobs. All of these situations will in crease 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 c ontinue 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 conti nued 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**

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**IX LEGAL**  **NOTICE**



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### 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 dis**  **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**  **GL6343200**

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**INVOICE (To**  **be completed**  **by publisher):** 

**ACTUAL NO.**  **OF PRINTED**  **LINES COST**  **PER LINE**  **TOTAL AMOUNT** 
**1st Ad** 

**2nd Ad** 

**3rd Ad** 

**GRAND TOTAL-+** 



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### 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**

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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**

**.{.'fAS ,** 

**31N,'**

**"'I ."''"'"**  **... "**  **. .**  **, .**  **,**

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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.**

**LYNN 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** 

### 1 **28'132"2, MTW,**  **ALEXANDER HAAS**  **EMAIL DCW**  **DEP BUREAU**  **OF AIR**  **okayed to**  

### CLASSIFIED **ADVERTISING INVOICE** 

**ACCOUNT INFORMATION** 

**PHONE NO:**  **ACCOUNT NO: DATE:** 
**TE RMS:** 

**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**
**IQl�J:.AMQ.lJNI!�gJ:.Jms.!�H!!!�Qtlt.J3�t:�Qf.§c'?.:.9.Q£;B_�J3QQE�**

**...... _** **.. ________**  **·**

**___ ��**  **... _____**  **�**

**________ HH�._**  **••• _______________________**  **H�H.H •••**  **______ •**  **______ •**  **__ •**  **______________________ •**  **___ _** 

**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 o**  **mpleted 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**  **E NCLOSED**  **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 OFAD** 



## r

**OATES OF**  **INSERTION SIGNATURE**  **F AGENCY**  

### c.."J**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 satisfac**  **tory evidence**  **of such**  **dis crimination,**  **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 e turn**  **original and**  **two copies (signed**  **by the**  **editor or**  **publisher) to**  **the agency**  **listed ab**  **ove, 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** 

**INV OI** **CE (To**  **be com**  **pleted 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, **;:: 3�**  **fnch a..c.Q**  **r/"" or,**  

## -\- 

# �

**I**
**, ,**  **i'_if,' i**  **<·IC0�"'I.1 ·fl.J�1 't\**  **GENERAL LEDGER ACCOUNT**  **CODe GL**  **6343200**

**COST PER**  **LINE** 

# t..I **) . 0 (")**  

## "nc.J-.

**GRAND TOTAL**  

### �

**, . � ."**  **t�, \"**  

### ,, **",,"** 

### , **'** 

### ,", **- %** 

**TOTAL A**  **MOUNT** 

# 131'cl.oO
**/.00**

**13LCLOD**

**.**

**County of**  

# E **r; e.**  

## � **Before me,**  **the subscriber,**  **a Notary**  **Public in**  **and for**  **said County,**  **personally came**  

# L" **s,,,,** 

# f-{);croy-tvo **--**

**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** 



## -::- **:-,E�(d�"**

**-,, �,-_**  

# 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.**

**SI GNATt'ffiOAF** 

***This affidavit**  **must be**  **made by**  **the Owner,**  **pUblisher. r-----------**  **.----- ,**  **� �**  **, ,**  **- "'**  **. _**  **. �**  **� "**  **.---�_. :",..u,......:...�** 

**_ -"**  **' ...••.**  **<.----,' ENVIRONMENTAL**  **QUALITY BOARD**  **NOTICKOFPUBLICHEARINGS Proposed**  **Amendments to:Air**  **Quality** 

### ReguIa��ns

**(25 Pa. OxJe. C**  **h a** 

**p t**  **er 127)**  **AirQuaJityTiUeVFecAmendment'**
**, '**  **. The**  **Env)rpmiIentaI QUality**  **Boord (BOOrd)**  **will hold**  **three 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,** 

**000 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,** **estiblish edat24**  **Pa. B.j�99,** **N '**  **ovember26, 1994,** 

**was $37**  **pertan of**  **regu[ated pollutant**  **up 104,**  **000 tons**  **of ea.ch**  **regulated pollutantper'I\tle**  **V faci li**  **ty**
**. As**  **provided in**  **§ lZ!.705(e),**  **the emission**  **fee imposed**  **under §**  **127.705(a) has**  **been increased**  **in each**  **year after**  **November 26,**  **1994, by**  **the percen** 

**, tage,**  **if any,**  **by which**  **the Consumer Price**  **Index for**  **the most**  **recent calendar**  **year exceeds**  **the Consumer**  **Price Index**  **for the**  **previous cale**  **n dar**  **year. Under'the**  **existing regulatory**  **fmmework,**

**' the**  **base TItle**  **V annual**  **emission fee** **!Us not**  **been revised since 1994.**  **111eTItie V**  **annual .**  **emission fee**  **due September**  **I ,2012, for emissions OCC urring**  **in calendar year**  **20U was**  **$56 per-ton**  **of regulated**  **pollutant for**  **up**

**_ to**  **4, 000**  **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 pr**  **o posed**  **rolemaking will**  **be effective**  **upon final-fonn**  **publication in**  **the Pennsylvam-Q**  **Bulletin.**

**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,Ap pendix**  **A (relating**  **to approval status**  **Of state**  **ill) d l**  **cx: a!**  **operating pennits**  **programs), as**  **approptime. Public Hearings**  **The he**  **a rings**  **wii! be**  **held as**  **follows: Mareh**  **5; 20**  **13 Department ofEnvironmel'ltal Protection**  **I p.m.** 

**. Southwest**  **Regional Office** 

**Waterfront A**  **Conference Room**  **400 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 Sfreet**  **Norristown, PAI940t**  **March 7,**  **2013 D** 

**e partment**  **ofEnvironmentai Protection**  **'1 p.m.**  **Rachel Carson**  **State Office Building**  **,**

**Conference Room**  **105 400**  **Market Street**  **Harrisburg, PA,17105**  **Pernon$ wishing**  **to present**  **testimony J1{**  **a hearing**  **are requested**  **to contact**  **the Environm**  **e ntal**  **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 three**  **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**  **iesAct of**  **1990 should**  **contact the**  **BOalrl at**  **(117) 7'87-4526**  **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 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, Ha** **rrisburg, PA**  **17105-8477 (e.xpressm**  **a il:**  **Rachel Carson**  **State Office**  **Building, 16th**  **Fioor,400 '**  **Market**

**_ Street,**  **Harri sburg,**  **PA 17101-2301).**  **Conunents submitted**  **by facsimile**  **will 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 will 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 Co**  **m !l1**  **en ts**  **• 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**  **n owledgement**  **of electronic**  **comments :vithin**  **2 working**  **days, the**  **comments should**  **be retransmitted,**  **to the**  **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 and**  **will be**  **available at**  **www:pabul!etin.com as**  **well as**  **on the**  **D e**  **partmentof Environmental**  **Pro tection** **'s website**  **at WW\V**  **.dep.state.paus­ (DEP**  **Sear chlKeyword:**  **"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** 

## iii **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**  **pre addressed**  **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 1710**  **0::;** 

### 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 dis**  **ent**

**. 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""'�=7--::::=::"':''-''''::--­ **who being**  **duly sworn** 

**: h**  **depose and**  **say that he**  **is '** 



# 6����'-�a�'

**!'12-�-:&�� -::T**  **,?���_�"2:"'�01:g,.**

**'fi:��-- 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 -e**  **-:rt:-is:- in-g**  **-C-o-:-Iu-m**

**- n-**  **s-of:- s-a**  **�id-:- ne-w**  **- s-**  **p-a-p- e -**  **r, 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;**  **31 51** **' 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 ite1"esl** 

**d in**  **the subject**  **matter of**  **the aforesaid**  **notice of**  **publication, and**  **that all**  **allegations in**  **the foregoing**  **statemen as**  **to time,**  **pJace and**  **charac r**  **of publication**  **are true.** 

**Sworn to**  **and subscribed**  **before me**  **this 31**  **ST 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 Da**  **Uy Cour**  **ler,.**
**� . . ,**  **,,� .**  **.. ..**  **. ...**  **. .**  **... , ..........**  **,724.628,2000 Gateway**  **NewspIlPers**

**.. ,,,,,,** **....... *,, .** **... ..**  **.. ..**  **,412.856.7400 Pe**  **n ny**  **sav er** 

**. .**  **�"**

**.... .....**  **... .**  **. ""**  **.............. �** 

**... .**  **. A12.243.4215**  **La u**  **rel 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,** 

**. .**  **.. .**  **. .**  **... .**  **... ....**  **. .**  **.. ..**  **. .**  **_ ..**  **.... "**  **.. A1**  **2.664.91 61**  

# 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**



### 99000000000000000000000020103700000081436200000963273COMMON'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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### 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. 717-787-9495**  **Pittsburgh Post-Gazette**  **Attn: L**  **ega l**  **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 O**  **nly January**  **22, 2013** 

**DATES OF**  **INSERTION SIGNATURE**  **F AGENCY** 

### -)

## /**/!�_ _**  **January** 

# �

**8 2013**  

# #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 dis 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**  **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_**  **.**

**_M_o_h_a_ffi_**

**e _d**  **________ _**  **who beiog**  **duly swo;:n,**  **doth depose**  **and say**  **that he**  **is'**

**_____ a**  **g e**  **t**

**..,.., ,**  **, _,**  **- --------**  **-- 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**  **o r**  **p u**  **bl i**  **she r** 



### . **Notarial Seal**  **linda M. Gaertnerj**  **Notary P**  **u blic**  **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 

### 1 So utheast,RegJona 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 

# g

roposed ruremaking Will e published ln

.. the February 2, 2013, ISSUe of the Pennsylvania Bu:Hetin and wit! be available at 

### www. pab

# I 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 dvan···.o· rden®pa.gov or by phone at (717) 783-8949.
MICHAEL KftANCER

· Chairperson

# I **BILLING DATE**  

# I **Page** 

### 1 

## Pi **ttsburgh 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**  **TERMS OF**  **PAYMENT P.o. Box**  **566 PO**  **BOX 8486**  **Pittsburgh, PA**  **15230 HARRISBURG.**  **PA 17105-8468**  **Due Upon**  **Receipt Federal**  **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 e**  **a rings**  **C/M/PG/445**

**IF YOU**  **HAVE QUESTIONS**  **REGARDING THIS** 

**CONTRACT PERFORMANCE**  

# I **SAUl -'**  **BILLED** 

### � **DIMENSIONS** 

### � **UNITS**

**1x284.00 1**  **2 8**  **4**

**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**  **AD** 

## r**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-.v**J.J./-1.Jl? �**  **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**  **dis 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**  **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±.· "'t"'t±.l"'e"'r** 



### ______**_ 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**  

### Rea**d ing**  **, 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** 

# ---'71f.YJ',)=t;;iE::

**��- --c:;;c** 

**;;-- -;--**  **20 1.3 tL** 



# 171 **.**



# Ot1MM»M'- **My commission**  **expires** 

# Jf) **-;;;3** 

# -Jl/- **� S!GNATURE**  **OF AFFIANT** 


## ��()'W<I�A�tH 

# QFPEt>iNl?��Ii�N''<\

**' .**  **"** 

## , **. ,**  **,; :'.: "' , NOTARIAL**  **SEAL '**  **: "'This**  **affidavit must**  **be made**  **by the**  **Owner, Publisher,**  **or the**  **designated agent**  **of the**  **owner or**  **publisher.** 

### � **"THE �** **S A**  **M SA**  **ss AMAN**  **, NOT**  **ARY 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**

****** **L e**  **g al**  ****** **BILLED ACCOUNT**  **DEPT OF**  **ENVIRONMENTAL PROT.-BAO** 

**BILL DATE**  **02/02/2013 MAKE**  **CHECK PAYABLE**  **TO: READING**  **EAG L**  **E 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** 

### Depar **tmen t**  

### of **Envir onm**  **ental Prote**  **ction**

**INVOICE NO.**  **COMMON \M::** **ALTH OF**  **PENNSYLVANIA STD·521**  **REV. 06-2010**  

### PUBLICATIONS AUTHORIZATION **AND INVOICE**  **ir Reso**  **ur** 

# � **e**

**. t-:lan**  **agem ent** 

**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 **7 5** **:** 

# �

**. 2**  **1 8** 

**.** 

## � 

# ? **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

# fil**/7 Janual)l**  **31, 2013** 

# /lJUL.,<-Z�**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**  **dis 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 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**  

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# 4J.1,<73

**2nd Ad** 

**3rd Ad**  **,**

**GRAND TOTAL**  

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**Commonwea th**  **of Pennsylvania**  **County of**  **(** 

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**Before me,**  **the ubs**  **riber, iary**  **Public in**  **and for**  **said cbunty,**  **p** 

## WIJ9.-b!oiA§ **duly sw**  **r**



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## I **I S** 

## � **a general**  **newspaper is**  **e a that**  **the advertisement,**  **of which**  **tearsheet is**  **attached hereto,**  **w· Ub·'l:J'isi;'h'-e""d,l.in�th-'-e-"r** 

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**Sworn and**  **s,j;e** 

# c:1 'IS**I"..**

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## n **similar matter,**  **in said**  **newspaper.**

# � **day ��** 



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**SIGNATURE F 7FlAN** 



### My **commission expires** 

**"This affidavit**  **must be**  **made by**  **the Owner,**  **Publisher, or**  **the de**  **s ig**  **na t**  **e d**  **agent of**  **the owner**  **or publisher**  **NOTARIAL SEAL**  **EDWARD C**  **SMITH Not**  **a ry**  **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.govor b¥ phone at (717) 783-8949.



### MICHAEL KRANCER Chairperson

### THE **TIMES LEADER**  

### weeKender

**Please make**  **checks payable**  **to:**
**Impressions Media**  **P.O. Box**  **730 Wilkes-Barre,**  **PA 18703-0730** 

**DEPT ENVIRONMENTAL**  **PROTECTION AIR**  **QUALITY DIVISION**  **400 MARKET**  **ST. 12TH**  **FLOOR/ALEX HAAS**  **RACHEL CARSON**  **OFFICE BLDG.**  **HARRISBURG PA**  **17101** 

### �utton� **Pisp"tcil TIlE**  **DALlAS POST** 

# Raziliu'**NVOICE.**
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**Signature**



### Ad **Number Amount**  **Paid 800000** 
**Account Number**  **Check Number**  **100012874**

**Please detach**  **top portion**  **and return**  **this with**  **your payment**  

# I **Account Number**  

# I
**100012874 To**  **ensure proper**  **credit to**  **your account,**  **please write**  **your account**  **number on**  **your check.** 



### Ad **Number 800000**  

# I **Billing Period**  **1/28/2013 Please**  **Pay By**  **Due Upon**  **Receipt**

**Description Start**  **Stop Class**  **Insertions Size**  **Total**

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# i **Total Due:**  **927.03**

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