UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION Ill

Ms. Joyce Epps

, Director

Bureau of Air Quality 1650 Arch Street Philadelphia, Pennsylvania 19103-2029

Pennsylvania Department of Enviromnental Protection

Rachel Carson State Office Building

P.O

. Box 8468

400 Market Street Harrisburg, Pennsylvania 17105-2063

Dear Ms. Epps: MAR 

### 1 3 2014

On February 11, 2014

, the Environmental Protection Agency received a revision to the Pennsylvania State Implementation Plan (SIP) from the Pennsylvania Department of

Environmental Protection pert a ining Air Quality Title V fees. EPA has determined that the

submittal is administr a tively and technically complete, and is reviewing it to prepare a Notice of Proposed Rulemaking (NPR) action.

If members of your staff have any questions

, they may direct them to Ms. Gerallyn Duke

, Office of Permits and Air Taxies, at (215) 814-2084. She is the principal contact for this

rule making.

Sincerely,

# ~{2l;j}¥
Diana Esher, Director

Air Protection Division

Customer Service Hotline: 1-800-438-2474SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST ( In accordance with 40 CFR Part 51 - App. V)

SIP Submitted by: Pennsylvania Department of Environmental Protection

Date Submitted: 2/11/14 Subject: Pennsylvania Air Quality Title V Fee Amendment

Completeness Review Completed by: Gerallyn Duke Date Completed: 3/11/14

Administrative Materials

ACCEPTABLE

EPA REQUIREMENT STATE SUBMITTAL (X)

1. A formal letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision

thereof. 1. Letter dated February 11, 2014 on behalf of the Commonwealth of Pennsylvania from E. Christopher Abruzzo, Secretary, PADEP, to Shawn Garvin, Regional Administrator, EPA Region III X

2. Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, or consent agreement in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date. Check to see if the regulation, permit, order or consent decree has a sunset or expiration date. If so it is not acceptable as a

SIP submission. 2. Yes. PA submitted the PA Bulletin dated December
14, 2013 which includes a copy of the regulations. Also, PA Bulletin states that final rulemaking was adopted September 17, 2013 and will be effective upon publication of Bulletin. X

3. Evidence that the State has the necessary legal authority

under State law to adopt and implement the plan. 3. Yes, PA has authority to revise and implement SIP with EPA oversight and approval. (see under Section C Statutory Authority) X

4. A copy of actual regulation, or document submitted for approval and incorporati on by reference into the plan, including indication of the changes made to the existing approved plan, where applicable. The submittal shall be a copy of the official State regulation/document signed, stamped, dated by the 4. Yes. Final regulation was submitted as part of the September 17, 2013 PA Bulletin which includ es a description of changes from proposed to final form rulemaking. The proposed regulation was submitted as part of the February 2 , 201 3 PA Bulletin which XEPA REQUIREMENT STATE SUBMITTAL (X)

appropriate State official indic ating that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever possible, be indicated in the document itself. indicates changes to be made to the existing approved plan, where applicable. Together these docum ents indicate all changes made to the existing approved plan.

5. Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan. 5. December 14, 2013 PA Bulletin describes procedures followed and appears to be in accordance with applicable requirements. (see under Section K findings) X

6. Evidence that public notice was given of the proposed change consistent with procedures appro ved by EPA, including the date of publication of such notice. 6. Notice of public hearing was given to the public in the PA Bulletin (4 3 PA. B 577 ) on February 2, 2013 and in multiple newspapers of general circulation including

but not limited to the Allentown Morning Call, Beaver County Times, Bucks County Courier Times, Delaware County Daily Times, Erie Times News, Greensburg Tribune Review, Pittsburgh Post Gazette, Reading Eagle, The Patriot News, The Tribune Review , and

Wilkes

- Barre Times Leader on January 31, 2013

. X

7. Certification that public hearings were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable. 7. December 14, 2013 PA Bulletin describes procedures

followed and appears to be in accordance with applicable requirements. (see under Section K findings) X

8. Compilation of public comments and the State's response

thereto. 8. The state submittal includes a compilation of public comments and responses ther e to. X

Technical Materials

1. Identification of all regulated pollutants affected by the plan. 1. All “regulated pollutants ” under the Clean Air Act, excluding carbon monoxide and other greenhouse

gases. X

2. Identification of the locations of affected sources including the EPA attainment/nonattainment designation of the locations and the status of the attainment plan for the affected area(s). 2. Title V facilities l ocating in Nonattainment Areas

, Attainment Areas, and Unclassified Areas throughout Pennsylvania, including Allegheny and Philadelphia

Counties. X

3. Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, 3. N/A XEPA REQUIREMENT STATE SUBMITTAL (X)

quantification of changes in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result

of the revision.

4. The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemente d. 4. N/A X

5. Modeling information required to support the proposed revision, including input data, output data, models used, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of

models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis. 5. N/A X

6. Evidence, where necessary, that emission limitations are based on continuous emission reduction technology. 6 . N/A X

7. Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels. 7. N/A X

8. Compliance/enforcement strategies, including how compliance will be determined in practice. 8. PADEP is developing an outreach initiative to educate and assist the public and regulated community in understanding the newly revised requirements and how to comply with them. X

9. Special economic and technological justifications required by any applicable EPA policies. (If a policy is not appropriate, explain why.) 9. The revised fee will result in total projected increased costs of $5.8 million for the regulated community in Pennsylvania and Allegheny and Philadel phia counties in FY2014 and 2015 and lower costs in future years due to decreasing amounts of emissions of regulated pollutants at major sources. Revenue to PADEP from the fee increase will be used solely to address the projected deficits in the TV Major Emission Facilities Account in the Clean Air XEPA REQUIREMENT STATE SUBMITTAL (X)

Fund . Projected revenues for PADEP and the two local agencies will total $5.8 million in FY2014

- 2015 and ensure that the Commonwealth’s Title V air pollution control permit program is adequately funded for the next few years. (Additional funding figures, through 2019, are included Section G, Benefits, Costs and Compliance.)

10. A Section 107 request must be accompanied by a maintenance plan demonstrating maintenance to the relevant NAAQS for at least 10 years after redesignation. 10. N/A X