Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Regulations for Establishing Permit Fees, 36239-36242 [2015-15458]

Download as PDF Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations § 238.15 Notice. Any communication to USAID pursuant to the Guarantee shall be in writing in the English language, shall refer to the Hashemite Kingdom of Jordan Loan Guarantee Number inscribed on the Eligible Note and shall be complete on the day it shall be actually received by USAID at the Office of Development Credit, Bureau for Economic Growth, Education and Environment, United States Agency for International Development, Washington, DC 20523–0030. Other addresses may be substituted for the above upon the giving of notice of such substitution to each Noteholder by first class mail at the address set forth in the Note Register. § 238.16 Governing Law. The Guarantee shall be governed by and construed in accordance with the laws of the United States of America governing contracts and commercial transactions of the United States Government. Appendix A to Part 238—Application for Compensation wreier-aviles on DSK5TPTVN1PROD with RULES United States Agency for International Development Washington, DC 20523 Ref: Guarantee dated as of ll, 20 l: Gentlemen: You are hereby advised that payment of $ll (consisting of $l l of principal, $ll of interest and $l l in Further Guaranteed Payments, as defined in § 238.2 of the Standard Terms and Conditions of the abovementioned Guarantee) was due on ll, 20 ll, on $ll Principal Amount of Notes issued by Hashemite Kingdom of Jordan (the ‘‘Borrower’’) held by the undersigned. Of such amount $ll was not received on such date and has not been received by the undersigned at the date hereof. In accordance with the terms and provisions of the abovementioned Guarantee, the undersigned hereby applies, under § 238.8 of said Guarantee, for payment of $ll, representing $ll, the Principal Amount of the presently outstanding Note(s) of the Borrower held by the undersigned that was due and payable on ll and that remains unpaid, and $ll, the Interest Amount on such Note(s) that was due and payable by the Borrower on ll and that remains unpaid, and $ll in Further Guaranteed Payments,1 plus accrued and unpaid interest thereon from the date of default with respect to such 1 In the event the Application for Compensation relates to Further Guaranteed Payments, such Application must also contain a statement of the nature and circumstances of the related loss. VerDate Sep<11>2014 14:13 Jun 23, 2015 Jkt 235001 36239 the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal [Name of Applicant] business hours at the Air Protection By: lllllllllllllllllll Division, U.S. Environmental Protection Name: Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Title: Copies of the State submittal are Dated: available at the Pennsylvania Dated: June 17, 2015. Department of Environmental D. Bruce McPherson, Protection, Bureau of Air Quality Attorney Advisor, Office of the General Control, P.O. Box 8468, 400 Market Counsel, U.S. Agency for International Street, Harrisburg, Pennsylvania 17105; Development. Allegheny County Health Department, [FR Doc. 2015–15435 Filed 6–23–15; 8:45 am] Bureau of Environmental Quality, BILLING CODE P Division of Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201. FOR FURTHER INFORMATION CONTACT: Paul ENVIRONMENTAL PROTECTION T. Wentworth, P.E. at: (215) 814–2183, AGENCY or by email at wentworth.paul@epa.gov. SUPPLEMENTARY INFORMATION: 40 CFR Part 52 I. Background payments to and including the date payment in full is made by you pursuant to said Guarantee, at the rate of ll% per annum, being the rate for such interest accrual specified in such Note. Such payment is to be made at [state payment instructions of Noteholder]. All capitalized terms herein that are not otherwise defined shall have the meanings assigned to such terms in the Standard Terms and Conditions of the above-mentioned Guarantee. [EPA–R03–OAR–2014–0886; FRL–9929–40– Region–3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Regulations for Establishing Permit Fees Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision pertains to the Air Pollution Control portion of the Allegheny County Health Department (ACHD) rules and regulations and consists of changes to the regulations establishing installation permit application and administration fees and open burning permit application fees. EPA is approving these revisions to Pennsylvania’s SIP in accordance with the requirements of the Clean Air Act (CAA). SUMMARY: On March 9, 2015 (80 FR 12374), EPA published a document in the Federal Register (NPR) proposing to approve the August 30, 2010 SIP revision submittal from the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP). The SIP revision pertains to the Air Pollution Control portion of ACHD’s rules and regulations and consists of changes to the ACHD regulations establishing installation permit application and administration fees and open burning permit application fees. EPA received one comment on the NPR. A summary of the comment and EPA’s response are provided in Section III of this document. II. Summary of SIP Revision The SIP revision consists of changes to ACHD regulations in Article XXI for installation permit fees and open burning permit fees, including revisions to section 2102.10, entitled ‘‘Installation Permit Application and Administration Fees,’’ and to section 2105.50, entitled DATES: This final rule is effective on July ‘‘Open Burning and Administration 24, 2015. Fees.’’ The changes replace provisions containing fixed monetary amounts for ADDRESSES: EPA has established a permit fees provided for installation and docket for this action under Docket ID Number EPA–R03–OAR–2014–0886. All open burning permits in sections 2102.10 and 2105.5 with language that documents in the docket are listed in PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\24JNR1.SGM 24JNR1 36240 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES provides for the Allegheny County Council to establish the amount of the given fee based on consideration of the degree of technical and regulatory difficulty in processing each type of installation permit. The revisions to Article XXI sections 2102.10 and 2105.50 include new permit fee provisions for the following permit types: Permits required by the Prevention of Significant Deterioration regulations; permits issued for new major sources and for major modifications to sources locating in or impacting a non-attainment area; permits required by existing standards, such as the New Source Performance Standards and the National Emission Standards for Hazardous Air Pollutants; permits in which ACHD establishes the Maximum Achievable Control Technology for a source; permits for any source requiring an installation permit but not subject to any of the previous requirements; and general installation permits. The specific revisions to requirements in Article XXI sections 2102.10 and 2105.50 pertaining to fees for installation and open burning permits in Allegheny County for proposed approval are explained in the NPR and will not be restated here. See 80 FR at 12374. III. Public Comments and EPA Responses EPA received one anonymous comment on the proposed approval for the Pennsylvania SIP of revisions to ACHD’s regulations. A summary of the comment and our response follows. Comment: The commenter expresses support for the action proposed by the EPA to include the revised Allegheny County regulations in the Pennsylvania SIP; however, the commenter states that in section III of the NPR, EPA’s statement that section 110(a)(2)(L)(i) and (ii) requires SIPs to include fees sufficient to cover the costs of reviewing and acting upon a permit application is incorrect. The commenter points out that CAA section 110(a)(2)(L)(i) and (ii) do not require SIPs to ‘‘include’’ fees; rather 110(a)(2)(L) states SIPs must require owners and operators to ‘‘pay’’ fees. According to the commenter, if the statement EPA made was correct, it would mean that the revisions EPA is acting upon do not satisfy the requirements of section 110(a)(2)(L)(i) and (ii) because the proposed revisions remove the fixed monetary fee for certain permits and therefore the SIP would not include a fee and thus would not meet section 110(a)(2)(L)(i) and (ii). To further support the argument, the commenter cites the September 13, 2013 Memorandum from Stephen D. Page, VerDate Sep<11>2014 14:13 Jun 23, 2015 Jkt 235001 Director, Office of Air Quality Planning and Standards, Guidance on Infrastructure State Implementation Plan Elements Under CAA Sections 110(a)(1) and 110(a)(2) (Infrastructure SIP Guidance), in which EPA discusses section 110(a)(2)(L) and states that ‘‘the fee program is not required to be part of the EPA approved SIP.’’ Response: EPA appreciates the commenter’s support for the action approving this SIP revision. EPA also agrees with the commenter that fee programs included in SIPs to comply with section 110(a)(2)(L) do not have to require a specific dollar amount for a permit or other approval. The Agency also agrees that the ACHD fee program provisions that we approve into the SIP today are consistent with CAA section 110(a)(2)(L). We do not agree with the commenter’s characterization of the Agency’s interpretation of the statute as explained below. CAA section 110(a)(2)(L) regarding permit fee requirements for SIPs provides in pertinent part that the SIP shall ‘‘require the owner and operator of each major stationary source to pay the permitting authority, as a condition of any permit required under this chapter, a fee sufficient to cover’’ the reasonable costs of reviewing and acting on permit applications and the reasonable costs of implementing and enforcing the terms and conditions of any such permits. Section 110(a)(2)(L) further requires such provisions for SIPs until the major source fee requirements are superseded with respect to such sources by EPA’s approval of a fee program under Title V of the CAA.1 In the NPR, EPA proposed to approve for the Pennsylvania SIP certain revisions to Allegheny County’s regulations which deleted fixed fees for certain required installation permits and open burning permits from the ACHD regulations and replaced such fixed fees with provisions stating that installation and open burning permit fees required for owners and operators of certain pollutant emitting stationary sources would be set by Allegheny County factoring in the degree of technical and regulatory difficulty for categories of installation permits. EPA proposed to approve the revisions as meeting requirements for permit fees in CAA section 110(a)(2)(L). In the proposal, EPA inadvertently did not include the 1 EPA’s Infrastructure SIP Guidance states that the EPA-approved title V fee program is not required to be included in the SIP and then refers state air agencies to EPA regional offices to address section 110(a)(2)(L) requirements for permit fee programs addressing permits required by Title I of the CAA, such as permits required upon construction or modification of certain sources. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 verbatim text of CAA section 110(a)(2)(L) in providing the explanation for our proposed approval of Allegheny County’s regulations. However, the revisions to sections 2102.10 and 2105.50 of Article XXI of Allegheny County’s regulations satisfy CAA section 110(a)(2)(L) because the revised provisions in sections 2102.10 and 2015.50 clearly require the owner and operator of certain air pollutantemitting sources to pay to Allegheny County, the local permitting authority, a fee sufficient to cover reasonable costs to review and act upon permit applications and reasonable costs for Allegheny County to implement and enforce permit terms and conditions. The revisions to sections 2102.10 and 2105.50 simply remove a fixed monetary fee that owners and operators of certain sources would need to pay for installation and open burning permits and replace the fixed fee with applicable criteria for Allegheny County to determine the value of the fee for owners or operators to obtain required installation and open burning permits. The provisions of Allegheny County’s regulations still require the payment of a fee for certain installation and open burning permits which would meet requirements in section 110(a)(2)(L) for SIPs to include provisions for payment of such fees. EPA is unsure of the relevance of the quote from EPA’s Infrastructure SIP Guidance included in the comment. The Infrastructure SIP Guidance at pages 56– 57 states: ‘‘Currently, every state has an EPA-approved fee program under CAA Title V. However, the fee program is not required to be part of the EPA approved SIP.’’ This language clearly refers to the EPA-approved fee program under CAA Title V for operating permits required by Title V of the CAA which may supersede certain requirements for SIPs to include fee requirements for permits required by the CAA. Pennsylvania has an EPA-approved Title V program and an EPA-approved Title V fee program, but the Allegheny County regulations we proposed to approve in the NPR are not part of the Pennsylvania Title V program. Sections 2102.10 and 2105.50 of Article XXI of Allegheny County’s regulations relate to fees for certain installation and open burning permits which are required by Allegheny County prior to installation of certain pollutant emitting sources or open burning operations. Such permits are required by Allegheny County to implement requirements in Title I of the CAA, not Title V. These fees provide funds for Allegheny County to review, implement and enforce permits required E:\FR\FM\24JNR1.SGM 24JNR1 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations by Title I of the CAA that are not funded under the state’s Title V permit program. Thus, the language of the Infrastructure SIP Guidance included in the comment is not applicable to this action. EPA proposed in the NPR to approve the revisions to sections 2102.10 and 2105.50 of Article XXI because the regulations require owners or operators of certain stationary sources to pay permit fees as a precondition to receiving an installation or open burning permit. These regulations therefore satisfy requirements in section 110(a)(2)(L) that the SIP require owners and operators to pay the permitting authority a fee sufficient to cover reasonable costs of reviewing, acting on, implementing and enforcing permits required by the CAA, including installation or construction permits required by Title I of the CAA. IV. Final Action EPA is approving as a revision to the Pennsylvania SIP the August 30, 2010 SIP submittal from PADEP consisting of changes to the ACHD regulations establishing installation permit application and administration fee requirements and open burning permit application fee requirements in Allegheny County. V. Incorporation by Reference In this, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Allegheny County Regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews wreier-aviles on DSK5TPTVN1PROD with RULES A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond VerDate Sep<11>2014 14:13 Jun 23, 2015 Jkt 235001 those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 36241 the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 24, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action pertaining to the Air Pollution Control portion of the Allegheny County Rules and Regulations, which revises the regulations establishing installation permit application and administration fees, as well as open burning permit application fees may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 11, 2015. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart NN—Pennsylvania 2. In § 52.2020, the table in paragraph (c)(2) is amended by: ■ a. Under Part B, revising the entry for ‘‘2102.10’’; and ■ b. Under Part E, subpart 5, revising the entry for ‘‘2105.50’’. The revisions read as follows: ■ § 52.2020 * Identification of plan. * * (c) * * * (2) * * * E:\FR\FM\24JNR1.SGM 24JNR1 * * 36242 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations Article XX or XXI citation State effective date Title/Subject * * * Additional explanation/ § 52.2063 citation EPA Approval date * * * * Part B—Permits Generally * 2102.10 ...................... * * Installation Permit Application And Administration Fees. * * * 7/26/2009 * * * 6/24/2015 [Insert Federal Register citation]. * * * * * * * Part E—Source Emission and Operating Standards * * * * * Subpart 5—Open Burning and Abrasive Blasting Sources 2105.50 (except paragraph .50.d). Open Burning ........................................ * * * * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2014–0881; A–1–FRL– 9925–88–Region 1] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. The revision updates state regulations containing ambient air quality standards (AAQS) to be consistent with EPA’s national ambient air quality standards (NAAQS). The intended effect of this action is to approve these regulations into the Connecticut SIP. This action is being taken in accordance with the Clean Air Act (CAA). DATES: This direct final rule will be effective August 24, 2015, unless EPA receives adverse comments by July 24, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. wreier-aviles on DSK5TPTVN1PROD with RULES SUMMARY: 14:13 Jun 23, 2015 6/24/2015 [Insert Federal Register citation]. * * Submit your comments identified by Docket ID Number EPA– R01–OAR–2014–0881, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: arnold.anne@epa.gov. 3. Fax: (617) 918–0047. 4. Mail: ‘‘Docket Identification Number EPA–R01–OAR–2014–0881,’’ Anne Arnold, Manager, Air Quality Planning Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square— Suite 100, (Mail code OEP05–2), Boston, MA 02109–3912. 5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, Manager, Air Quality Planning Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square—Suite 100, (Mail code OEP05–2), Boston, MA 02109–3912. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Instructions: Direct your comments to Docket ID Number EPA–R01–OAR– 2014–0881. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business ADDRESSES: [FR Doc. 2015–15458 Filed 6–23–15; 8:45 am] VerDate Sep<11>2014 7/26/2009 Jkt 235001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 * * Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov, or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket E:\FR\FM\24JNR1.SGM 24JNR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Pages 36239-36242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15458]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0886; FRL-9929-40-Region-3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revision to Allegheny County Regulations for Establishing
Permit Fees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. This revision pertains to the Air Pollution Control
portion of the Allegheny County Health Department (ACHD) rules and
regulations and consists of changes to the regulations establishing
installation permit application and administration fees and open
burning permit application fees. EPA is approving these revisions to
Pennsylvania's SIP in accordance with the requirements of the Clean Air
Act (CAA).

DATES: This final rule is effective on July 24, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0886. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105; Allegheny County Health
Department, Bureau of Environmental Quality, Division of Air Quality,
301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Paul T. Wentworth, P.E. at: (215) 814-
2183, or by email at wentworth.paul@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On March 9, 2015 (80 FR 12374), EPA published a document in the
Federal Register (NPR) proposing to approve the August 30, 2010 SIP
revision submittal from the Commonwealth of Pennsylvania through the
Pennsylvania Department of Environmental Protection (PADEP). The SIP
revision pertains to the Air Pollution Control portion of ACHD's rules
and regulations and consists of changes to the ACHD regulations
establishing installation permit application and administration fees
and open burning permit application fees. EPA received one comment on
the NPR. A summary of the comment and EPA's response are provided in
Section III of this document.

II. Summary of SIP Revision

The SIP revision consists of changes to ACHD regulations in Article
XXI for installation permit fees and open burning permit fees,
including revisions to section 2102.10, entitled ``Installation Permit
Application and Administration Fees,'' and to section 2105.50, entitled
``Open Burning and Administration Fees.'' The changes replace
provisions containing fixed monetary amounts for permit fees provided
for installation and open burning permits in sections 2102.10 and
2105.5 with language that

[[Page 36240]]

provides for the Allegheny County Council to establish the amount of
the given fee based on consideration of the degree of technical and
regulatory difficulty in processing each type of installation permit.
The revisions to Article XXI sections 2102.10 and 2105.50 include new
permit fee provisions for the following permit types: Permits required
by the Prevention of Significant Deterioration regulations; permits
issued for new major sources and for major modifications to sources
locating in or impacting a non-attainment area; permits required by
existing standards, such as the New Source Performance Standards and
the National Emission Standards for Hazardous Air Pollutants; permits
in which ACHD establishes the Maximum Achievable Control Technology for
a source; permits for any source requiring an installation permit but
not subject to any of the previous requirements; and general
installation permits. The specific revisions to requirements in Article
XXI sections 2102.10 and 2105.50 pertaining to fees for installation
and open burning permits in Allegheny County for proposed approval are
explained in the NPR and will not be restated here. See 80 FR at 12374.

III. Public Comments and EPA Responses

EPA received one anonymous comment on the proposed approval for the
Pennsylvania SIP of revisions to ACHD's regulations. A summary of the
comment and our response follows.
Comment: The commenter expresses support for the action proposed by
the EPA to include the revised Allegheny County regulations in the
Pennsylvania SIP; however, the commenter states that in section III of
the NPR, EPA's statement that section 110(a)(2)(L)(i) and (ii) requires
SIPs to include fees sufficient to cover the costs of reviewing and
acting upon a permit application is incorrect. The commenter points out
that CAA section 110(a)(2)(L)(i) and (ii) do not require SIPs to
``include'' fees; rather 110(a)(2)(L) states SIPs must require owners
and operators to ``pay'' fees. According to the commenter, if the
statement EPA made was correct, it would mean that the revisions EPA is
acting upon do not satisfy the requirements of section 110(a)(2)(L)(i)
and (ii) because the proposed revisions remove the fixed monetary fee
for certain permits and therefore the SIP would not include a fee and
thus would not meet section 110(a)(2)(L)(i) and (ii). To further
support the argument, the commenter cites the September 13, 2013
Memorandum from Stephen D. Page, Director, Office of Air Quality
Planning and Standards, Guidance on Infrastructure State Implementation
Plan Elements Under CAA Sections 110(a)(1) and 110(a)(2)
(Infrastructure SIP Guidance), in which EPA discusses section
110(a)(2)(L) and states that ``the fee program is not required to be
part of the EPA approved SIP.''
Response: EPA appreciates the commenter's support for the action
approving this SIP revision. EPA also agrees with the commenter that
fee programs included in SIPs to comply with section 110(a)(2)(L) do
not have to require a specific dollar amount for a permit or other
approval. The Agency also agrees that the ACHD fee program provisions
that we approve into the SIP today are consistent with CAA section
110(a)(2)(L). We do not agree with the commenter's characterization of
the Agency's interpretation of the statute as explained below.
CAA section 110(a)(2)(L) regarding permit fee requirements for SIPs
provides in pertinent part that the SIP shall ``require the owner and
operator of each major stationary source to pay the permitting
authority, as a condition of any permit required under this chapter, a
fee sufficient to cover'' the reasonable costs of reviewing and acting
on permit applications and the reasonable costs of implementing and
enforcing the terms and conditions of any such permits. Section
110(a)(2)(L) further requires such provisions for SIPs until the major
source fee requirements are superseded with respect to such sources by
EPA's approval of a fee program under Title V of the CAA.\1\
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\1\ EPA's Infrastructure SIP Guidance states that the EPA-
approved title V fee program is not required to be included in the
SIP and then refers state air agencies to EPA regional offices to
address section 110(a)(2)(L) requirements for permit fee programs
addressing permits required by Title I of the CAA, such as permits
required upon construction or modification of certain sources.
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In the NPR, EPA proposed to approve for the Pennsylvania SIP
certain revisions to Allegheny County's regulations which deleted fixed
fees for certain required installation permits and open burning permits
from the ACHD regulations and replaced such fixed fees with provisions
stating that installation and open burning permit fees required for
owners and operators of certain pollutant emitting stationary sources
would be set by Allegheny County factoring in the degree of technical
and regulatory difficulty for categories of installation permits. EPA
proposed to approve the revisions as meeting requirements for permit
fees in CAA section 110(a)(2)(L). In the proposal, EPA inadvertently
did not include the verbatim text of CAA section 110(a)(2)(L) in
providing the explanation for our proposed approval of Allegheny
County's regulations. However, the revisions to sections 2102.10 and
2105.50 of Article XXI of Allegheny County's regulations satisfy CAA
section 110(a)(2)(L) because the revised provisions in sections 2102.10
and 2015.50 clearly require the owner and operator of certain air
pollutant-emitting sources to pay to Allegheny County, the local
permitting authority, a fee sufficient to cover reasonable costs to
review and act upon permit applications and reasonable costs for
Allegheny County to implement and enforce permit terms and conditions.
The revisions to sections 2102.10 and 2105.50 simply remove a fixed
monetary fee that owners and operators of certain sources would need to
pay for installation and open burning permits and replace the fixed fee
with applicable criteria for Allegheny County to determine the value of
the fee for owners or operators to obtain required installation and
open burning permits. The provisions of Allegheny County's regulations
still require the payment of a fee for certain installation and open
burning permits which would meet requirements in section 110(a)(2)(L)
for SIPs to include provisions for payment of such fees.
EPA is unsure of the relevance of the quote from EPA's
Infrastructure SIP Guidance included in the comment. The Infrastructure
SIP Guidance at pages 56-57 states: ``Currently, every state has an
EPA-approved fee program under CAA Title V. However, the fee program is
not required to be part of the EPA approved SIP.'' This language
clearly refers to the EPA-approved fee program under CAA Title V for
operating permits required by Title V of the CAA which may supersede
certain requirements for SIPs to include fee requirements for permits
required by the CAA. Pennsylvania has an EPA-approved Title V program
and an EPA-approved Title V fee program, but the Allegheny County
regulations we proposed to approve in the NPR are not part of the
Pennsylvania Title V program. Sections 2102.10 and 2105.50 of Article
XXI of Allegheny County's regulations relate to fees for certain
installation and open burning permits which are required by Allegheny
County prior to installation of certain pollutant emitting sources or
open burning operations. Such permits are required by Allegheny County
to implement requirements in Title I of the CAA, not Title V. These
fees provide funds for Allegheny County to review, implement and
enforce permits required

[[Page 36241]]

by Title I of the CAA that are not funded under the state's Title V
permit program. Thus, the language of the Infrastructure SIP Guidance
included in the comment is not applicable to this action. EPA proposed
in the NPR to approve the revisions to sections 2102.10 and 2105.50 of
Article XXI because the regulations require owners or operators of
certain stationary sources to pay permit fees as a precondition to
receiving an installation or open burning permit. These regulations
therefore satisfy requirements in section 110(a)(2)(L) that the SIP
require owners and operators to pay the permitting authority a fee
sufficient to cover reasonable costs of reviewing, acting on,
implementing and enforcing permits required by the CAA, including
installation or construction permits required by Title I of the CAA.

IV. Final Action

EPA is approving as a revision to the Pennsylvania SIP the August
30, 2010 SIP submittal from PADEP consisting of changes to the ACHD
regulations establishing installation permit application and
administration fee requirements and open burning permit application fee
requirements in Allegheny County.

V. Incorporation by Reference

In this, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Allegheny County Regulations described in the amendments to 40 CFR part
52 set forth below. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

VI. Statutory and Executive Order Reviews

A. General Requirements

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 24, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to the Air Pollution Control portion of
the Allegheny County Rules and Regulations, which revises the
regulations establishing installation permit application and
administration fees, as well as open burning permit application fees
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: June 11, 2015.
William C. Early,
Acting Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec. 52.2020, the table in paragraph (c)(2) is amended by:
0
a. Under Part B, revising the entry for ``2102.10''; and
0
b. Under Part E, subpart 5, revising the entry for ``2105.50''.
The revisions read as follows:

Sec. 52.2020 Identification of plan.

* * * * *
(c) * * *
(2) * * *

[[Page 36242]]

----------------------------------------------------------------------------------------------------------------
State Additional
Article XX or XXI citation Title/Subject effective EPA Approval date explanation/ Sec.
date 52.2063 citation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part B--Permits Generally
----------------------------------------------------------------------------------------------------------------

* * * * * * *
2102.10......................... Installation Permit 7/26/2009 6/24/2015 [Insert
Application And Federal Register
Administration Fees. citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part E--Source Emission and Operating Standards
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart 5--Open Burning and Abrasive Blasting Sources
----------------------------------------------------------------------------------------------------------------
2105.50 (except paragraph .50.d) Open Burning......... 7/26/2009 6/24/2015 [Insert
Federal Register
citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-15458 Filed 6-23-15; 8:45 am]
BILLING CODE 6560-50-P

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