Clean Air Act Title V Operating Permit Program Revision; Pennsylvania, 40922-40923 [2015-16924]

Download as PDF 40922 * * Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations * * I. Background * [FR Doc. 2015–17060 Filed 7–13–15; 8:45 am] On March 18, 2015 (80 FR 14037), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the ENVIRONMENTAL PROTECTION NPR, EPA proposed approval of the AGENCY Pennsylvania Title V Operating Program revision to increase the annual Title V 40 CFR Part 70 fees paid by the owners or operators of [EPA–R03–OAR–2015–0119; FRL–9930–30– all Title V facilities throughout Region 3] Pennsylvania, including Allegheny and Philadelphia Counties, from $57.50 per Clean Air Act Title V Operating Permit ton of regulated air pollutant to $85 per Program Revision; Pennsylvania ton. The formal Title V Program revision AGENCY: Environmental Protection was submitted by Pennsylvania on Agency (EPA). February 11, 2014. Under 40 CFR 70.9(a) and (b), an ACTION: Final rule. approved state Title V operating permits SUMMARY: The Environmental Protection program must require that the owners or Agency (EPA) is approving a Title V operators of part 70 sources pay annual Operating Permit Program revision fees, or the equivalent over some other submitted by the Commonwealth of period, that are sufficient to cover the Pennsylvania. The revision amends the permit program costs and ensure that Title V fee program that funds the any fee required under 40 CFR 70.9 is Pennsylvania Title V Operating Permit used solely for permit program costs. Program. EPA is approving these Under Pennsylvania’s Title V permit revisions to increase Pennsylvania’s emission fee rules at 25 PA Code annual emission fees to $85 per ton of 127.705, the annual emission fee for emissions for emissions from Title V emissions occurring in calendar year sources of up to 4,000 tons of each 2012 was $57.50 per ton of regulated regulated pollutant in accordance with pollutant for emissions of up to 4,000 the requirements of the Clean Air Act tons of each regulated pollutant. The fee (CAA). structure has not been revised since 1994. As discussed further in our DATES: This final rule is effective on proposed approval of Pennsylvania’s August 13, 2015. Title V fee revision on March 18, 2015, ADDRESSES: EPA has established a Pennsylvania has determined that Title docket for this action under Docket ID Number EPA–R03–OAR–2015–0119. All V annual emission fee revenues collected are no longer sufficient to documents in the docket are listed in cover Title V program costs. the www.regulations.gov Web site. Although listed in the electronic docket, II. Summary of Title V Operating some information is not publicly Permit Program Revision available, i.e., confidential business In the February 11, 2014 program information (CBI) or other information revision, Pennsylvania included revised whose disclosure is restricted by statute. 25 PA Code 127.705 which Certain other material, such as Pennsylvania has amended to increase copyrighted material, is not placed on Pennsylvania’s annual emission fees. the Internet and will be publicly Fees are increased to $85 per ton of available only in hard copy form. emissions for emissions from Title V Publicly available docket materials are sources of up to 4,000 tons of each available either electronically through regulated pollutant. The provisions for www.regulations.gov or in hard copy for increasing the annual emissions fees in public inspection during normal response to increases in the Consumer business hours at the Air Protection Price Index at 25 PA Code 127.705(d) Division, U.S. Environmental Protection remain unchanged. The revised fees are Agency, Region III, 1650 Arch Street, designed to cover all reasonable costs Philadelphia, Pennsylvania 19103. required to develop and administer the Copies of the State submittal are Title V program as required by 40 CFR available at the Pennsylvania 70.9(a) and (b). Department of Environmental III. Final Action Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market EPA is approving the Pennsylvania Street, Harrisburg, Pennsylvania 17105. Title V Operating Program revision FOR FURTHER INFORMATION CONTACT: submitted on February 11, 2014 to Gerallyn Duke (215) 814–2084, or by increase the annual Title V fees paid by email at duke.gerallyn@epa.gov. the owners or operators of all Title V facilities throughout Pennsylvania, SUPPLEMENTARY INFORMATION: asabaliauskas on DSK5VPTVN1PROD with RULES BILLING CODE 6560–50–P VerDate Sep<11>2014 22:02 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 including Allegheny and Philadelphia Counties, from $57.50 per ton of regulated air pollutant to $85 per ton. The revision meets requirements in 40 CFR 70.9. IV. Statutory and Executive Order Reviews A. General Requirements This action merely approves state law as meeting Federal requirements and imposes no 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 related to Pennsylvania Title V fees does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the program is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. E:\FR\FM\14JYR1.SGM 14JYR1 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations 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 Appendix A to Part 70—Approval Status of State and Local Operating Permit Programs * * * * * * * * * List of Subjects in 40 CFR Part 70 Lifeline and Link Up Reform and Modernization, Telecommunications Carriers Eligible for Universal Service Support, Connect America Fund * AGENCY: * * * * [FR Doc. 2015–16924 Filed 7–13–15; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Acquisition, Protection, and Disclosure of Quality Improvement Organization Information CFR Correction In Title 42 of the Code of Federal Regulations, Parts 480 to 481, revised as of October 1, 2014, on page 614, in § 480.132, remove paragraphs (b)(1)(i) and (ii). [FR Doc. 2015–17128 Filed 7–13–15; 8:45 am] BILLING CODE 1505–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Dated: June 26, 2015. William C. Early, Acting Regional Administrator, Region III. In Title 42 of the Code of Federal Regulations, Part 482 to End, revised as of October 1, 2014, on page 40, in the introductory text of § 482.92, remove the term ‘‘recipient’’ and add ‘‘beneficiary’’ in its place. asabaliauskas on DSK5VPTVN1PROD with RULES 42 CFR Part 482 Conditions of Participation for Hospitals CFR Correction [FR Doc. 2015–17127 Filed 7–13–15; 8:45 am] BILLING CODE 1505–01–P 1. The authority citation for part 70 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. Appendix A to Part 70 is amended by adding paragraph (d) to the entry for Pennsylvania to read as follows: ■ VerDate Sep<11>2014 22:02 Jul 13, 2015 Jkt 235001 In this document, the Federal Communications Commission (the Commission) seeks to rebuild the current framework of the Lifeline program and continue its efforts to modernize the Lifeline program so that all consumers can utilize advanced networks. PO 00000 Frm 00029 Fmt 4700 This Order on Reconsideration and Second Report and Order is effective August 13, 2015. The amendments to these rules contain information collection requirements that are subject to Paperwork Reduction Act that have not yet been approved by the Office of Management and Budget (OMB). Upon OMB approval of the information collection requirements, the Commission will publish a document in the Federal Register announcing the effective date of the regulations. FOR FURTHER INFORMATION CONTACT: Jonathan Lechter, Wireline Competition Bureau, (202) 418–7400 or TTY: (202) 418–0484. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order on Reconsideration and Second Report and Order (Order on Recon and 2nd R&O) in WC Docket Nos. 11–42, 09–197, 10– 90; FCC 15–71, adopted on June 18, 2015 and released on June 22, 2015. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY–A257, 445 12th Street SW., Washington, DC 20554 or at the following Internet address: https:// www.fcc.gov/document/fcc-releaseslifeline-reform-and-modernization-item. DATES: Centers for Medicare & Medicaid Services PART 70—STATE OPERATING PERMIT PROGRAMS Federal Communications Commission. ACTION: Final rule. SUMMARY: Administrative practice and procedure, Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 40 CFR part 70 is amended as follows: 47 CFR Part 54 (d) The Pennsylvania Department of Environmental Protection submitted a program revision on February 11, 2014; approval effective on July 14, 2015. 42 CFR Part 480 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 September 14, 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 related to Pennsylvania Title V fees may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) FEDERAL COMMUNICATIONS COMMISSION [WC Docket Nos. 11–42, 09–197, 10–90; FCC 15–71] Pennsylvania * 40923 Sfmt 4700 I. Introduction 1. For nearly 30 years, the Lifeline program has ensured that qualifying low-income Americans have the opportunities and security that voice service brings, including being able to find jobs, access health care, and connect with family. As the Commission explained at the program’s inception, ‘‘[i]n many cases, particularly for the elderly, poor, and disabled, the E:\FR\FM\14JYR1.SGM 14JYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40922-40923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R03-OAR-2015-0119; FRL-9930-30-Region 3]


Clean Air Act Title V Operating Permit Program Revision; 
Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a Title 
V Operating Permit Program revision submitted by the Commonwealth of 
Pennsylvania. The revision amends the Title V fee program that funds 
the Pennsylvania Title V Operating Permit Program. EPA is approving 
these revisions to increase Pennsylvania's annual emission fees to $85 
per ton of emissions for emissions from Title V sources of up to 4,000 
tons of each regulated pollutant in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: This final rule is effective on August 13, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0119. 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.

FOR FURTHER INFORMATION CONTACT: Gerallyn Duke (215) 814-2084, or by 
email at duke.gerallyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 18, 2015 (80 FR 14037), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA 
proposed approval of the Pennsylvania Title V Operating Program 
revision to increase the annual Title V fees paid by the owners or 
operators of all Title V facilities throughout Pennsylvania, including 
Allegheny and Philadelphia Counties, from $57.50 per ton of regulated 
air pollutant to $85 per ton. The formal Title V Program revision was 
submitted by Pennsylvania on February 11, 2014.
    Under 40 CFR 70.9(a) and (b), an approved state Title V operating 
permits program must require that the owners or operators of part 70 
sources pay annual fees, or the equivalent over some other period, that 
are sufficient to cover the permit program costs and ensure that any 
fee required under 40 CFR 70.9 is used solely for permit program costs. 
Under Pennsylvania's Title V permit emission fee rules at 25 PA Code 
127.705, the annual emission fee for emissions occurring in calendar 
year 2012 was $57.50 per ton of regulated pollutant for emissions of up 
to 4,000 tons of each regulated pollutant. The fee structure has not 
been revised since 1994. As discussed further in our proposed approval 
of Pennsylvania's Title V fee revision on March 18, 2015, Pennsylvania 
has determined that Title V annual emission fee revenues collected are 
no longer sufficient to cover Title V program costs.

II. Summary of Title V Operating Permit Program Revision

    In the February 11, 2014 program revision, Pennsylvania included 
revised 25 PA Code 127.705 which Pennsylvania has amended to increase 
Pennsylvania's annual emission fees. Fees are increased to $85 per ton 
of emissions for emissions from Title V sources of up to 4,000 tons of 
each regulated pollutant. The provisions for increasing the annual 
emissions fees in response to increases in the Consumer Price Index at 
25 PA Code 127.705(d) remain unchanged. The revised fees are designed 
to cover all reasonable costs required to develop and administer the 
Title V program as required by 40 CFR 70.9(a) and (b).

III. Final Action

    EPA is approving the Pennsylvania Title V Operating Program 
revision submitted on February 11, 2014 to increase the annual Title V 
fees paid by the owners or operators of all Title V facilities 
throughout Pennsylvania, including Allegheny and Philadelphia Counties, 
from $57.50 per ton of regulated air pollutant to $85 per ton. The 
revision meets requirements in 40 CFR 70.9.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action merely approves state law as meeting Federal 
requirements and imposes no 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 related to Pennsylvania Title V fees does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), because the program is not approved to 
apply in Indian country located in the state, and EPA notes that it 
will not impose substantial direct costs on tribal governments or 
preempt tribal law.

[[Page 40923]]

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 September 14, 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 related to Pennsylvania Title V fees may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 70

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

    Dated: June 26, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 70 is amended as follows:

PART 70--STATE OPERATING PERMIT PROGRAMS

0
1. The authority citation for part 70 continues to read as follows:

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

0
2. Appendix A to Part 70 is amended by adding paragraph (d) to the 
entry for Pennsylvania to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permit Programs

* * * * *

Pennsylvania

* * * * *
    (d) The Pennsylvania Department of Environmental Protection 
submitted a program revision on February 11, 2014; approval 
effective on July 14, 2015.
* * * * *
[FR Doc. 2015-16924 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P

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