Air Plan Approval; Pennsylvania; Revisions To Plan Approval and Operating Permit Fees Rule and Title V Operating Permit Program, 53802-53806 [2023-16734]
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of non-regulatory SIP
provision
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour
SO2 NAAQS.
*
Tennessee ..........
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 70
[EPA–R03–OAR–2022–0166; FRL–10673–
02–R3]
Air Plan Approval; Pennsylvania;
Revisions To Plan Approval and
Operating Permit Fees Rule and Title V
Operating Permit Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving both a State
implementation plan (SIP) revision and
Title V operating permits program
revision submitted by the Pennsylvania
Departmental of Environmental
Protection (PADEP) on behalf of the
Commonwealth of Pennsylvania. The
SIP revision pertains to Pennsylvania’s
general provisions regarding air
resources, operating permit
requirements, and plan approval and
operating permit fees. This includes
increases to existing plan approval
application and operating permit fees.
The Title V operating permit program
revision amends the Title V operating
permit program fee schedules that fund
the Pennsylvania Title V operating
permit program. EPA is approving these
revisions to the Pennsylvania SIP and
Title V operating permit program in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
September 8, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2022–0166. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
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EPA approval date
*
7/31/2019
*
8/9/2023, [Insert citation of publication].
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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
[FR Doc. 2023–16433 Filed 8–8–23; 8:45 am]
SUMMARY:
State
effective
date
FOR FURTHER INFORMATION CONTACT:
Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, Four Penn Center, 1600 JFK
Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2339. Mr. He can also be reached
via electronic mail at He.Yongtian@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 7, 2023 (88 FR 14104), EPA
published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of both
a State implementation plan (SIP)
revision and Title V operating permits
program revision. EPA did not receive
any comments.
The formal SIP revision and Title V
program revision was submitted by
PADEP on July 20, 2021, with a
clarification letter sent on January 3,
2023. The revisions amend 25
Pennsylvania (PA) Code Chapters 121
(relating to general provisions) and 127,
Subchapters F and I (relating to
operating permit requirements; and plan
approval and operating permit fees).
Pennsylvania indicates that these
revisions are necessary to ensure that
fees are sufficient to cover the costs of
administering the plan approval
application and operating permit
process as required by section 502(b) of
the Clean Air Act (42 U.S.C. 7661a(b))
and section 6.3 of the Air Pollution
Control Act (APCA) (35 P.S. section
4006.3).
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Explanation
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Addressing prongs 1 and 2 of section 110(a)(2)(D)(i) only.
A. SIP Revision
Section 110(a)(2)(L) of the CAA
mandates that SIPs require the owner or
operator of each major stationary source
to pay to the permitting authority a fee
sufficient to cover (i) the reasonable
costs of reviewing and acting upon any
application for such a permit, and (ii) if
the owner or operator receives a permit
for such source, the reasonable costs of
implementing and enforcing the terms
and conditions of any such permit.
The SIP revision approves into
Pennsylvania’s SIP amended versions of
25 PA Code Chapters 121 and 127,
specifically sections 121.1, 127.424,
127.702 and 127.703. This SIP revision
also adds sections 127.465, 127.709 and
127.710. EPA has previously approved
Pennsylvania code Chapter 121 general
provisions definitions at 25 PA code
121.1, Chapter 127 public notice
requirement in section 127.424, and
Pennsylvania’s plan approval and
operating permit fee regulations at 25
PA Code 127.701, 127.702, 127.703 and
127.707, into the Pennsylvania SIP in
accordance with section 110 of the
CAA. See 61 FR 39597 (July 30, 1996).
B. Title V Operating Permit Program
Revision
EPA granted full approval of the
Pennsylvania Title V operating permits
program on July 30, 1996. See 61 FR
39597. Under 40 CFR 70.9(a) and (b), an
approved state Title V operating permit
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.
The fee schedule must result in the
collection and retention of revenues
sufficient to cover the permit program
implementation and oversight costs.
CAA 502(b)(3)(A).
Pennsylvania’s initial Title V
operating permit emission fee was
established in 1994 at 25 PA Code
127.705 and was last increased in 2014.
In a February 11, 2014 Title V operating
permit program revision, Pennsylvania
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revised 25 PA Code 127.705 to increase
annual emission fees for Title V sources,
noting that annual emissions fees were
no longer sufficient to cover costs. See
80 FR 40922 (July 14, 2015).
In the July 20, 2021 submission,
PADEP indicated that the currently
approved fee structure is insufficient to
continue to support the Title V program,
and as a result, PADEP has revised
sections 127.704 and 127.705, and has
submitted these revisions for EPA action
pursuant to CAA 502(d). EPA is
approving these revisions into
Pennsylvania’s Title V operating permit
program.
II. Summary of SIP Revision and EPA
Analysis
A. SIP Revision
PADEP added the definition of
‘‘synthetic minor facility’’ in the
definition section 121.1 and corrected a
cross-reference error in public notice
section 127.424. PADEP amended
section 127.702 that establishes plan
approval fees, and section 127.703 that
establishes operating permit fees under
Subchapter F (State Operating Permit
Requirements) for future years in details
based on year and permit categories.
The newly added section 127.465
establishes the procedures the owner or
operator of a stationary air
contamination source or facility shall
follow to make a significant
modification to an applicable operating
permit. New section 127.709 establishes
fees for requests for determination, for
whether a plan approval, an operating
permit, or both, are needed for the
change to the facility. Section 127.710
establishes application fees for the use
of general plan approvals and general
operating permits for stationary or
portable sources.
The revisions to Pennsylvania’s SIP
satisfy CAA section 110(a)(2)(L),
referenced above. The revisions update
the Pennsylvania SIP with current fee
schedules and meet the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
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B. Title V Operating Permit Program
Revision
The revision to Pennsylvania’s Title V
program approves PADEP’s
amendments to Chapter 127 sections
127.704 and 127.705. Section 127.704
establishes Title V operating permit
fees, and section 127.705 requires the
owner or operator of a Title V facility to
pay annual Title V emission fees.
Pennsylvania indicates that these
amendments to its Title V operating
permit program ensure that fees will
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remain sufficient to cover the costs of
administering the plan approval
application and operating permit
process as required by section 502(b) of
the CAA and section 6.3 of the APCA.
Based on the 40 CFR part 70
presumptive minimum fee rate from the
October 3, 2022, EPA Office of Air
Quality Planning and Standards
memorandum,1 the requirements of 40
CFR 70.9(b)(2) and the economic
analysis by PADEP, EPA finds that the
July 20, 2021 PADEP submission has
met the requirements of CAA section
502(b)(1)–(10), and is consistent with
applicable EPA requirements in the
Title V operating permit program of the
CAA and 40 CFR part 70.
III. Final Action
EPA is approving Pennsylvania’s July
20, 2021 revision to both the
Pennsylvania SIP and Pennsylvania’s
approved Title V operating permit
program. The SIP revision is in
accordance with requirements in section
110(a)(2)(L) of the CAA and
implementing regulations. The Title V
submittal meets the requirements of
CAA section 502(d) and implementing
regulations.
IV. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Pennsylvania
Regulation described in the
amendments to 25 PA Code 121 and
127, as discussed in section II.A of this
rulemaking. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.2
1 www.epa.gov/system/files/documents/2022-09/
FEE70_2023.pdf.
2 62 FR 27968 (May 22, 1997).
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53803
V. 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).
Under the CAA, the Administrator
approves Title V operating permit
program revisions that comply with the
Act and applicable Federal Regulations.
See 42 U.S.C. 7661a(d). Thus, in
reviewing SIP and Title V operating
permit program submissions, EPA’s role
is to approve state choices, provided
that they meet the criteria of the CAA.
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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); and
• 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 Clean Air Act.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
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specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
SIP action. Consideration of EJ is not
required as part of this SIP action, and
there is no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
Additionally, Executive Order 12898
directs Federal agencies, to the greatest
extent practicable and permitted by law,
to make environmental justice part of
their mission by identifying and
addressing, as appropriate,
disproportionately high and adverse
human health or environmental effects
of their programs, policies, and
activities on minority populations
(people of color and/or Indigenous
peoples) and low-income populations.
EPA believes that this Title V action
does not concern human health or
environmental conditions and therefore
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cannot be evaluated with respect to
potentially disproportionate and
adverse effects on people of color, lowincome populations and/or Indigenous
peoples. This Title V action merely
approves into Pennsylvania’s part 70
operating permit program the relevant
Pennsylvania regulations for fees that
are required to administer the Title V
program in Pennsylvania. Those fees are
already being collected by the State.
This Title V action therefore does not
directly address emission limits or
otherwise directly affect any human
health or environmental conditions in
the commonwealth of Pennsylvania. In
addition, EPA provided meaningful
involvement on this rulemaking through
the notice and comment process, which
received no comments, and is in
addition to the State-level notice and
comment process held by Pennsylvania.
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 October 10, 2023. 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.
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This action approving Pennsylvania
SIP and Title V permit program
revisions may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Lead, Nitrogen dioxide,
Operating permits, Ozone, Particulate
Matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR parts
52 and 70 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)(1) is amended by:
■ a. Revising the entries for ‘‘Section
121.1’’ and ‘‘Section 127.424’’;
■ b. Adding an entry for ‘‘Section
127.465’’ in numerical order;
■ c. Revising the entries for ‘‘Section
127.702’’ and ‘‘Section 127.703’’; and
■ d. Adding entries for ‘‘Section
127.709’’ and ‘‘Section 127.710’’ in
numerical order.
The revisions and additions read as
follows:
■
§ 52.2020
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Identification of plan.
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(c) * * *
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
(1) EPA—APPROVED PENNSYLVANIA REGULATIONS AND STATUTES
State citation
State
effective
date
Title/subject
EPA approval date
Additional explanation/
§ 52.2063 citation
Title 25—Environmental Protection Article III—Air Resources
Chapter 121—General Provisions
Section 121.1 .......................
*
Definitions ..........................................................
*
*
1/16/2021
*
8/9/2023, [INSERT
FEDERAL REGISTER CITATION].
*
*
Added the definition of
‘‘synthetic minor facility’’
*
Chapter 127—Construction, Modification, Reactivation, and Operation of Sources
*
*
*
*
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*
*
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Subchapter F—Operating Permit Requirements
*
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*
Review of Applications
*
*
*
*
Section 127.424 ................... Public Notice ......................................................
*
*
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1/16/2021 8/9/2023, [INSERT
FEDERAL REGISTER CITATION].
*
*
*
*
Corrected a cross-reference error in public
notice section
*
Operating Permit Modifications
*
*
*
*
Section 127.465 ................... Significant operating permit modification procedures.
*
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*
*
*
*
1/16/2021 8/9/2023, [INSERT
FEDERAL REGISTER CITATION].
*
*
*
Added section 127.465
to establish the procedures the owner or
operator of a stationary air contamination source or facility shall follow to
make a significant
modification to an
applicable operating
permit
*
Subchapter I—Plan Approval and Operating Permit Fees
*
*
*
*
Section 127.702 ................... Plan approval fees .............................................
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Section 127.703 ...................
Operating permit fees under subchapter F .......
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Section 127.709 ................... Fees for requests for determination ..................
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1/16/2021 8/9/2023, [INSERT
FEDERAL REGISTER CITATION].
1/16/2021 8/9/2023, [INSERT
FEDERAL REGISTER CITATION].
*
Amended section
127.702
*
*
1/16/2021 8/9/2023, [INSERT
FEDERAL REGISTER CITATION].
*
Added section 127.709
to establish fees for
requests for determination
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Amended section
127.703
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(1) EPA—APPROVED PENNSYLVANIA REGULATIONS AND STATUTES—Continued
Title/subject
Section 127.710 ...................
Fees for the use of general plan approvals and
general operating permits under Subchapter
H..
*
*
*
*
*
*
*
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
3. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
4. Appendix A to part 70 is amended
by adding paragraph (e) to the entry for
Pennsylvania to read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permit Programs
*
*
*
*
*
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*
Pennsylvania
*
*
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(e) The Pennsylvania Department of
Environmental Protection submitted a
program revision to amends Chapter 127
sections 127.704 and 127.705 on July 20,
2021; approval effective on August 9, 2023.
*
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[FR Doc. 2023–16734 Filed 8–8–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2021–0226; FRL–11264–01–
OCSPP]
Flg22-Bt Peptide; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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1/16/2021
*
EPA approval date
Additional explanation/
§ 52.2063 citation
8/9/2023, [INSERT
FEDERAL REGISTER CITATION].
Added section 127.710
to establish application fees for the use
of general plan approvals and general
operating permits for
stationary or portable
sources
*
the Federal Food, Drug, and Cosmetic
Act (FFDCA), 21 U.S.C. 346a(d),
requesting an exemption from the
requirement of a tolerance for the
biochemical pesticide Flg22-Bt Peptide.
This regulation eliminates the need to
establish a maximum permissible level
for residues of Flg22-Bt Peptide under
FFDCA when used in accordance with
this exemption.
This regulation is effective
August 9, 2023. Objections and requests
for hearings must be received on or
before October 10, 2023 and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2021–0226, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and the OPP
Docket is (202) 566–1744. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of Flg22-Bt
Peptide in or on all food commodities
when used as a plant regulator and
inducer of local and systemic resistance
in accordance with label directions and
good agricultural practices. Elemental
Enzymes Ag & Turf, LLC submitted a
petition, pursuant to section 408(d) of
SUMMARY:
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State
effective
date
State citation
Chris Pfeifer, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(202) 566–1599; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
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*
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer,
greenhouse owner, or pesticide
manufacturer. The following list of
North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Office of the Federal
Register’s e-CFR site at https://
www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2021–0226 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
October 10, 2023. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
E:\FR\FM\09AUR1.SGM
09AUR1
]]>Agencies
[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53802-53806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16734]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 70
[EPA-R03-OAR-2022-0166; FRL-10673-02-R3]
Air Plan Approval; Pennsylvania; Revisions To Plan Approval and
Operating Permit Fees Rule and Title V Operating Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving both a
State implementation plan (SIP) revision and Title V operating permits
program revision submitted by the Pennsylvania Departmental of
Environmental Protection (PADEP) on behalf of the Commonwealth of
Pennsylvania. The SIP revision pertains to Pennsylvania's general
provisions regarding air resources, operating permit requirements, and
plan approval and operating permit fees. This includes increases to
existing plan approval application and operating permit fees. The Title
V operating permit program revision amends the Title V operating permit
program fee schedules that fund the Pennsylvania Title V operating
permit program. EPA is approving these revisions to the Pennsylvania
SIP and Title V operating permit program in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on September 8, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0166. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., 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 through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, Four Penn Center, 1600 JFK Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is (215) 814-2339. Mr. He can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 7, 2023 (88 FR 14104), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the NPRM,
EPA proposed approval of both a State implementation plan (SIP)
revision and Title V operating permits program revision. EPA did not
receive any comments.
The formal SIP revision and Title V program revision was submitted
by PADEP on July 20, 2021, with a clarification letter sent on January
3, 2023. The revisions amend 25 Pennsylvania (PA) Code Chapters 121
(relating to general provisions) and 127, Subchapters F and I (relating
to operating permit requirements; and plan approval and operating
permit fees). Pennsylvania indicates that these revisions are necessary
to ensure that fees are sufficient to cover the costs of administering
the plan approval application and operating permit process as required
by section 502(b) of the Clean Air Act (42 U.S.C. 7661a(b)) and section
6.3 of the Air Pollution Control Act (APCA) (35 P.S. section 4006.3).
A. SIP Revision
Section 110(a)(2)(L) of the CAA mandates that SIPs require the
owner or operator of each major stationary source to pay to the
permitting authority a fee sufficient to cover (i) the reasonable costs
of reviewing and acting upon any application for such a permit, and
(ii) if the owner or operator receives a permit for such source, the
reasonable costs of implementing and enforcing the terms and conditions
of any such permit.
The SIP revision approves into Pennsylvania's SIP amended versions
of 25 PA Code Chapters 121 and 127, specifically sections 121.1,
127.424, 127.702 and 127.703. This SIP revision also adds sections
127.465, 127.709 and 127.710. EPA has previously approved Pennsylvania
code Chapter 121 general provisions definitions at 25 PA code 121.1,
Chapter 127 public notice requirement in section 127.424, and
Pennsylvania's plan approval and operating permit fee regulations at 25
PA Code 127.701, 127.702, 127.703 and 127.707, into the Pennsylvania
SIP in accordance with section 110 of the CAA. See 61 FR 39597 (July
30, 1996).
B. Title V Operating Permit Program Revision
EPA granted full approval of the Pennsylvania Title V operating
permits program on July 30, 1996. See 61 FR 39597. Under 40 CFR 70.9(a)
and (b), an approved state Title V operating permit 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. The fee schedule
must result in the collection and retention of revenues sufficient to
cover the permit program implementation and oversight costs. CAA
502(b)(3)(A).
Pennsylvania's initial Title V operating permit emission fee was
established in 1994 at 25 PA Code 127.705 and was last increased in
2014. In a February 11, 2014 Title V operating permit program revision,
Pennsylvania
[[Page 53803]]
revised 25 PA Code 127.705 to increase annual emission fees for Title V
sources, noting that annual emissions fees were no longer sufficient to
cover costs. See 80 FR 40922 (July 14, 2015).
In the July 20, 2021 submission, PADEP indicated that the currently
approved fee structure is insufficient to continue to support the Title
V program, and as a result, PADEP has revised sections 127.704 and
127.705, and has submitted these revisions for EPA action pursuant to
CAA 502(d). EPA is approving these revisions into Pennsylvania's Title
V operating permit program.
II. Summary of SIP Revision and EPA Analysis
A. SIP Revision
PADEP added the definition of ``synthetic minor facility'' in the
definition section 121.1 and corrected a cross-reference error in
public notice section 127.424. PADEP amended section 127.702 that
establishes plan approval fees, and section 127.703 that establishes
operating permit fees under Subchapter F (State Operating Permit
Requirements) for future years in details based on year and permit
categories. The newly added section 127.465 establishes the procedures
the owner or operator of a stationary air contamination source or
facility shall follow to make a significant modification to an
applicable operating permit. New section 127.709 establishes fees for
requests for determination, for whether a plan approval, an operating
permit, or both, are needed for the change to the facility. Section
127.710 establishes application fees for the use of general plan
approvals and general operating permits for stationary or portable
sources.
The revisions to Pennsylvania's SIP satisfy CAA section
110(a)(2)(L), referenced above. The revisions update the Pennsylvania
SIP with current fee schedules and meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
B. Title V Operating Permit Program Revision
The revision to Pennsylvania's Title V program approves PADEP's
amendments to Chapter 127 sections 127.704 and 127.705. Section 127.704
establishes Title V operating permit fees, and section 127.705 requires
the owner or operator of a Title V facility to pay annual Title V
emission fees.
Pennsylvania indicates that these amendments to its Title V
operating permit program ensure that fees will remain sufficient to
cover the costs of administering the plan approval application and
operating permit process as required by section 502(b) of the CAA and
section 6.3 of the APCA.
Based on the 40 CFR part 70 presumptive minimum fee rate from the
October 3, 2022, EPA Office of Air Quality Planning and Standards
memorandum,\1\ the requirements of 40 CFR 70.9(b)(2) and the economic
analysis by PADEP, EPA finds that the July 20, 2021 PADEP submission
has met the requirements of CAA section 502(b)(1)-(10), and is
consistent with applicable EPA requirements in the Title V operating
permit program of the CAA and 40 CFR part 70.
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\1\ www.epa.gov/system/files/documents/2022-09/FEE70_2023.pdf.
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III. Final Action
EPA is approving Pennsylvania's July 20, 2021 revision to both the
Pennsylvania SIP and Pennsylvania's approved Title V operating permit
program. The SIP revision is in accordance with requirements in section
110(a)(2)(L) of the CAA and implementing regulations. The Title V
submittal meets the requirements of CAA section 502(d) and implementing
regulations.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the
Pennsylvania Regulation described in the amendments to 25 PA Code 121
and 127, as discussed in section II.A of this rulemaking. EPA has made,
and will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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V. 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). Under the CAA,
the Administrator approves Title V operating permit program revisions
that comply with the Act and applicable Federal Regulations. See 42
U.S.C. 7661a(d). Thus, in reviewing SIP and Title V operating permit
program submissions, EPA's role is to approve state choices, provided
that they meet the criteria of the CAA. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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); and
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 Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
[[Page 53804]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this SIP action. Consideration of EJ is not required as part of this
SIP action, and there is no information in the record inconsistent with
the stated goal of E.O. 12898 of achieving environmental justice for
people of color, low-income populations, and Indigenous peoples.
Additionally, Executive Order 12898 directs Federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
EPA believes that this Title V action does not concern human health
or environmental conditions and therefore cannot be evaluated with
respect to potentially disproportionate and adverse effects on people
of color, low-income populations and/or Indigenous peoples. This Title
V action merely approves into Pennsylvania's part 70 operating permit
program the relevant Pennsylvania regulations for fees that are
required to administer the Title V program in Pennsylvania. Those fees
are already being collected by the State. This Title V action therefore
does not directly address emission limits or otherwise directly affect
any human health or environmental conditions in the commonwealth of
Pennsylvania. In addition, EPA provided meaningful involvement on this
rulemaking through the notice and comment process, which received no
comments, and is in addition to the State-level notice and comment
process held by Pennsylvania.
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 October 10, 2023. 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 approving Pennsylvania SIP and Title V permit program
revisions may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Lead, Nitrogen
dioxide, Operating permits, Ozone, Particulate Matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 70 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)(1) is amended by:
0
a. Revising the entries for ``Section 121.1'' and ``Section 127.424'';
0
b. Adding an entry for ``Section 127.465'' in numerical order;
0
c. Revising the entries for ``Section 127.702'' and ``Section
127.703''; and
0
d. Adding entries for ``Section 127.709'' and ``Section 127.710'' in
numerical order.
The revisions and additions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
[[Page 53805]]
(1) EPA--Approved Pennsylvania Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
Additional
State explanation/ Sec.
State citation Title/subject effective EPA approval date 52.2063
date citation
----------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1....................... Definitions............ 1/16/2021 8/9/2023, [INSERT Added the
FEDERAL REGISTER definition of
CITATION]. ``synthetic
minor facility''
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 127--Construction, Modification, Reactivation, and Operation of Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter F--Operating Permit Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Review of Applications
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 127.424..................... Public Notice.......... 1/16/2021 8/9/2023, [INSERT Corrected a cross-
FEDERAL REGISTER reference error
CITATION]. in public notice
section
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Operating Permit Modifications
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 127.465..................... Significant operating 1/16/2021 8/9/2023, [INSERT Added section
permit modification FEDERAL REGISTER 127.465 to
procedures. CITATION]. establish the
procedures the
owner or
operator of a
stationary air
contamination
source or
facility shall
follow to make a
significant
modification to
an applicable
operating permit
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter I--Plan Approval and Operating Permit Fees
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 127.702..................... Plan approval fees..... 1/16/2021 8/9/2023, [INSERT Amended section
FEDERAL REGISTER 127.702
CITATION].
Section 127.703..................... Operating permit fees 1/16/2021 8/9/2023, [INSERT Amended section
under subchapter F. FEDERAL REGISTER 127.703
CITATION].
* * * * * * *
Section 127.709..................... Fees for requests for 1/16/2021 8/9/2023, [INSERT Added section
determination. FEDERAL REGISTER 127.709 to
CITATION]. establish fees
for requests for
determination
[[Page 53806]]
Section 127.710..................... Fees for the use of 1/16/2021 8/9/2023, [INSERT Added section
general plan approvals FEDERAL REGISTER 127.710 to
and general operating CITATION]. establish
permits under application fees
Subchapter H.. for the use of
general plan
approvals and
general
operating
permits for
stationary or
portable sources
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (e) to the
entry for Pennsylvania to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permit Programs
* * * * *
Pennsylvania
* * * * *
(e) The Pennsylvania Department of Environmental Protection
submitted a program revision to amends Chapter 127 sections 127.704
and 127.705 on July 20, 2021; approval effective on August 9, 2023.
* * * * *
[FR Doc. 2023-16734 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P
