[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16284-16286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06968]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0634; FRL-9925-17-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Plan Approval and Operating Permit Fees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Pennsylvania State 
Implementation Plan (SIP). This proposed revision pertains to minor 
editorial revisions to Pennsylvania's existing plan approval and 
operating permit fee rules. This action is being taken under the Clean 
Air Act (CAA).

DATES: This rule is effective on May 26, 2015 without further notice, 
unless EPA receives adverse written comment by April 27, 2015. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0634 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2014-0634, Dave Campbell, Associate Director, 
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0634. 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 Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI, or otherwise protected, through www.regulations.gov or email. 
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 
materials are available either electronically in www.regulations.gov or 
in hard copy 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 [email protected].

SUPPLEMENTARY INFORMATION: On February 11, 2014, the Pennsylvania 
Department of Environmental Protection submitted a revision to the 
Pennsylvania SIP for minor clarifying amendments to Pennsylvania's 
existing air permit fee rule.

I. Background

    Section 110(a)(2)(L) of the CAA requires SIPs to include 
requirements that the owner or operator of each major stationary source 
pay to the permitting authority, as a condition of any permit required 
by the CAA, fees sufficient to

[[Page 16285]]

cover reasonable costs of acting on the permit as well as implementing 
and enforcing the terms and conditions of the permit. EPA approved 
Pennsylvania's plan approval and operating permit fee regulation at 25 
PA Code 127.701-127.707 into the Pennsylvania SIP in accordance with 
section 110 of the CAA, on July 30, 1996. 61 FR 39595.

II. Summary of SIP Revision

    The February 11, 2014 revision amends 25 PA Code 127.701 to clarify 
that permit fees paid to the Pennsylvania Department of Environmental 
Protection by owners and operators of certain stationary sources are 
deposited into the Clean Air Fund which was previously established 
under section 9 of the Pennsylvania Air Pollution Control Act. Minor 
editorial changes to 25 PA Code 127.701 also are included to clarify 
that plan approval and operating permit fees collected to implement 
title V requirements shall be made payable to the ``Pennsylvania Clean 
Air Fund.''

III. Final Action

    EPA is approving the Pennsylvania SIP revision submitted on 
February 11, 2014 pertaining to payment of air permit fees to the 
``Pennsylvania Clean Air Fund'' and requirements to deposit such fees 
in a restricted revenue account within the Clean Air Fund. The February 
11, 2014 SIP revision is in accordance with requirements in section 
110(a)(2)(L) of the CAA. EPA is publishing this rule without prior 
proposal because EPA views this as a noncontroversial amendment and 
anticipates no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
adverse comments are filed. This rule will be effective on May 26, 2015 
without further notice unless EPA receives adverse comment by April 27, 
2015. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

IV. Incorporation by Reference

    In this rulemaking action, 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 this Pennsylvania SIP revision regarding amendments to 25 
PA Code 127.701, as discussed in section II of this preamble. 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).

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). 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 May 26, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action. This action pertaining to minor editorial revisions 
to Pennsylvania's existing title V fee rule may not be challenged later 
in proceedings to enforce its requirements. (See section 307(b)(2).)

[[Page 16286]]

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: March 10, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    Therefore, 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

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2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by 
revising the entry ``Section 127.701'' to read as follows:


Sec.  52.2020  Identification of plan.

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    (c) * * *

                                                 (1) EPA-Approved Pennsylvania Regulations and Statutes
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                                                                State                                              Additional explanation/Sec.   52.2063
          State citation                Title/Subject      effective date             EPA Approval date                           citation
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                                                  Subchapter I--Plan Approval and Operating Permit Fees
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Section 127.701...................  General provisions...        12/14/13  3/27/15 [Insert Federal Register        Paragraphs (b) and (c) revised.
                                                                            citation].
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[FR Doc. 2015-06968 Filed 3-26-15; 8:45 am]
BILLING CODE 6560-50-P