[51 Pa.B. 283]
[Saturday, January 16, 2021]
[Continued from previous Web Page]
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 121. GENERAL PROVISIONS § 121.1. Definitions.
The definitions in section 3 of the act (35 P.S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Synthesized pharmaceutical manufacturing—Manufacture of pharmaceutical products by chemical synthesis.
Synthetic minor facility—An air contamination source subject to Federally enforceable conditions that limit the facility's potential to emit to less than the major facility thresholds specified in the definition of ''Title V facility.''
TPY—Tons per year.
* * * * *
CHAPTER 127. CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES
Subchapter F. OPERATING PERMIT REQUIREMENTS
REVIEW OF APPLICATIONS § 127.424. Public notice.
(a) Except as provided in § 127.462 (relating to minor operating permit modifications), the Department will prepare a notice of action to be taken on applications for an operating permit.
(b) For sources identified in § 127.44(b)(1)—(5) (relating to public notice), the notice required by subsection (a) will be completed and sent to the applicant, the EPA, any state within 50 miles of the facility and any state whose air quality may be affected and that is contiguous to this Commonwealth. The applicant shall, within 10 days of receipt of notice, publish the notice on at least 3 separate days in a prominent place and size in a newspaper of general circulation in the county in which the source is to be located. Proof of the publication shall be filed with the Department within 1 week thereafter. An operating permit will not be issued by the Department if the applicant fails to submit the proof of publication. The Department will publish notice for the sources identified in § 127.44(b) in the Pennsylvania Bulletin.
(c) If the Department denies an operating permit, written notice of the denial will be given to requestors and to the applicant and will be published in the Pennsylvania Bulletin.
(d) In each case, the Department will publish notices required in subsection (a) in the Pennsylvania Bulletin.
(e) The notice will state, at a minimum, the following:
(1) The location at which the application may be reviewed. This location shall be in the region affected by the application.
(2) A 30-day comment period, from the date of publication, will exist for the submission of comments.
(3) Permits issued to sources identified in § 127.44(b)(1)—(5) or permits issued to sources with limitations on their potential to emit used to avoid otherwise applicable Federal requirements may become a part of the SIP and will be submitted to the EPA for review and approval.
OPERATING PERMIT MODIFICATIONS § 127.465. Significant operating permit modification procedures.
(a) The owner or operator of a stationary air contamination source or facility may make a significant modification to an applicable operating permit under this section.
(b) Significant operating permit modifications must meet the requirements of this chapter, including §§ 127.424 and 127.425 (relating to public notice; and contents of notice).
(c) The owner or operator of the facility shall submit to the Department, on a form provided by or approved by the Department, a brief description of the change, the date on which the change is to occur and the proposed language for revising the operating permit conditions proposed to be changed.
(d) Unless precluded by the Clean Air Act or the regulations thereunder, the permit shield described in § 127.516 (relating to permit shield) shall extend to an operational flexibility change authorized by this section.
(e) The Department will take final action on the proposed change within 180 days of receipt of the complete application for the significant operating permit modification and, after taking final action, will publish notice of the action in the Pennsylvania Bulletin.
Subchapter I. PLAN APPROVAL AND OPERATING PERMIT FEES § 127.702. Plan approval fees.
(a) Each applicant for a plan approval shall, as part of the plan approval application, submit the application fees required by this section to the Department. The applicable fees required under subsections (b)—(h) are cumulative.
(b) The owner or operator of a source requiring approval under Subchapter B (relating to plan approval requirements) shall pay a fee equal to:
(1) One thousand dollars ($1,000) for applications filed during calendar years 2005—2020.
(2) Two thousand five hundred dollars ($2,500) for applications filed during calendar years 2021—2025.
(3) Three thousand one hundred dollars ($3,100) for applications filed during calendar years 2026—2030.
(4) Three thousand nine hundred dollars ($3,900) for applications filed for the calendar years beginning with 2031.
(c) The owner or operator of a source requiring approval under Subchapter E (relating to new source review) shall pay a fee equal to:
(1) Five thousand three hundred dollars ($5,300) for applications filed during calendar years 2005—2020.
(2) Seven thousand five hundred dollars ($7,500) for applications filed during calendar years 2021—2025.
(3) Nine thousand four hundred dollars ($9,400) for applications filed during calendar years 2026—2030.
(4) Eleven thousand eight hundred dollars ($11,800) for applications filed for the calendar years beginning with 2031.
(d) The owner or operator of a source subject to and requiring approval under standards adopted under Chapter 122 (relating to National standards of performance for new stationary sources), Chapter 124 (relating to National emission standards for hazardous air pollutants) or § 127.35(b) (relating to maximum achievable control technology standards for hazardous air pollutants) shall pay the specified fee for each applicable standard up to and including three applicable standards per plan approval application. Applicants that have more than three applicable standards shall pay the fee for a maximum of three standards. The Department's permitting review will include all applicable standards. The fee for each applicable standard is equal to:
(1) One thousand seven hundred dollars ($1,700) for applications filed through calendar year 2020.
(2) Two thousand five hundred dollars ($2,500) for applications filed during calendar years 2021—2025.
(3) Three thousand one hundred dollars ($3,100) for applications filed during calendar years 2026—2030.
(4) Three thousand nine hundred dollars ($3,900) for applications filed for the calendar years beginning with 2031.
(e) The owner or operator of a source subject to and requiring approval under § 127.35(c), (d) or (h) shall pay a fee equal to:
(1) Eight thousand dollars ($8,000) for applications filed during calendar years 2005—2020.
(2) Nine thousand five hundred dollars ($9,500) for applications filed during calendar years 2021—2025.
(3) Eleven thousand nine hundred dollars ($11,900) for applications filed during calendar years 2026—2030.
(4) Fourteen thousand nine hundred dollars ($14,900) for applications filed for the calendar years beginning with 2031.
(f) The owner or operator of a source requiring approval under Subchapter D (relating to prevention of significant deterioration of air quality) shall pay a fee equal to:
(1) Twenty-two thousand seven hundred dollars ($22,700) for applications filed during calendar years 2005—2020.
(2) Thirty-two thousand five hundred dollars ($32,500) for applications filed during calendar years 2021—2025.
(3) Forty thousand six hundred dollars ($40,600) for applications filed during calendar years 2026—2030.
(4) Fifty thousand eight hundred dollars ($50,800) for applications filed for the calendar years beginning with 2031.
(g) The owner or operator of a source that submits a plan approval application for a PAL permit under § 127.218(b) (relating to PALs), to cease a PAL permit under § 127.218(j) or to increase a PAL under § 127.218(l) shall pay a fee equal to:
(1) Seven thousand five hundred dollars ($7,500) for applications filed during calendar years 2021—2025.
(2) Nine thousand four hundred dollars ($9,400) for applications filed during calendar years 2026—2030.
(3) Eleven thousand eight hundred dollars ($11,800) for applications filed for the calendar years beginning with 2031.
(h) The owner or operator of a source proposing a PAL under Subchapter D that is not included in an application submitted under subsection (f) or subsection (g) shall pay a fee equal to:
(1) Seven thousand five hundred dollars ($7,500) for applications filed during calendar years 2021—2025.
(2) Nine thousand four hundred dollars ($9,400) for applications filed during calendar years 2026—2030.
(3) Eleven thousand eight hundred dollars ($11,800) for applications filed for the calendar years beginning with 2031.
(i) The owner or operator of a source proposing a minor modification of a plan approval, an extension of a plan approval or a transfer of a plan approval shall pay the fee in paragraph (1) or paragraph (2) as applicable.
(1) An applicant for a minor modification of a plan approval may not include an increase in emissions, an analysis of the ambient impacts of the source or a reassessment of a control technology determination. The applicant shall do all of the following:
(i) Meet the applicable requirements of § 127.44 (relating to public notice).
(ii) Pay a fee equal to:
(A) Three hundred dollars ($300) for applications filed during calendar years 2005—2020.
(B) One thousand five hundred dollars ($1,500) for applications filed during calendar years 2021—2025.
(C) One thousand nine hundred dollars ($1,900) for applications filed during calendar years 2026—2030.
(D) Two thousand four hundred dollars ($2,400) for applications filed for the calendar years beginning with 2031.
(2) An applicant for an extension of a plan approval or a transfer of a plan approval shall pay a fee equal to:
(i) Three hundred dollars ($300) for applications filed during calendar years 2005—2020.
(ii) Seven hundred fifty dollars ($750) for applications filed during calendar years 2021—2025.
(iii) Nine hundred dollars ($900) for applications filed during calendar years 2026—2030.
(iv) One thousand one hundred dollars ($1,100) for applications filed for the calendar years beginning with 2031.
(3) The fee for an extension of a plan approval will not apply if, through no fault of the applicant, an extension is required.
(j) The owner or operator of a source proposing a revision to a plan approval application submitted by the applicant that includes one or more of the following changes after the Department has completed its technical review shall pay the fee in paragraph (1) or paragraph (2) as applicable.
(1) For an analysis of the ambient impacts of the source, a fee equal to:
(i) Nine thousand dollars ($9,000) for applications filed during calendar years 2021—2025.
(ii) Eleven thousand three hundred dollars ($11,300) for applications filed during calendar years 2026—2030.
(iii) Fourteen thousand one hundred dollars ($14,100) for applications filed for the calendar years beginning with 2031.
(2) For a reassessment of a control technology determination, the applicable fee under subsection (b).
(k) The owner or operator of a source applying for a risk assessment shall, as part of the plan approval application, pay the fee in paragraph (1) or paragraph (2) as applicable.
(1) For a risk assessment that is inhalation only for all modeling, a fee equal to:
(i) Ten thousand dollars ($10,000) for applications filed during calendar years 2021—2025.
(ii) Twelve thousand five hundred dollars ($12,500) for applications filed during calendar years 2026—2030.
(iii) Fifteen thousand six hundred dollars ($15,600) for applications filed for the calendar years beginning with 2031.
(2) For a multipathway risk assessment, a fee equal to:
(i) Twenty-five thousand dollars ($25,000) for applications filed during calendar years 2021—2025.
(ii) Thirty-one thousand three hundred dollars ($31,300) for applications filed during calendar years 2026—2030.
(iii) Thirty-nine thousand one hundred dollars ($39,100) for applications filed for the calendar years beginning with 2031.
§ 127.703. Operating permit fees under Subchapter F.
(a) Each applicant for an operating permit, which is not for a Title V facility, shall, as part of the operating permit application and as required on an annual basis, submit the fees required by this section to the Department.
(b) Each applicant subject to subsection (a) shall pay a fee equal to the following, as applicable. These fees apply to the application for a new operating permit and for the renewal and reissuance, modification or administrative amendment of an operating permit or part thereof or to a transfer of an operating permit.
(1) For a new operating permit:
(i) Three hundred seventy-five dollars ($375) for applications filed during calendar years 2005—2020.
(ii) Two thousand five hundred dollars ($2,500) for applications filed during calendar years 2021—2025.
(iii) Three thousand one hundred dollars ($3,100) for applications filed during calendar years 2026—2030.
(iv) Three thousand nine hundred dollars ($3,900) for applications filed for the calendar years beginning with 2031.
(2) For a renewal and reissuance of an operating permit or part thereof:
(i) Three hundred seventy-five dollars ($375) for applications filed during calendar years 2005—2020.
(ii) Two thousand one hundred dollars ($2,100) for applications filed during calendar years 2021—2025.
(iii) Two thousand six hundred dollars ($2,600) for applications filed during calendar years 2026—2030.
(iv) Three thousand three hundred dollars ($3,300) for applications filed for the calendar years beginning with 2031.
(3) For a minor modification of an operating permit or part thereof:
(i) Three hundred seventy-five dollars ($375) for applications filed during calendar years 2005—2020.
(ii) One thousand five hundred dollars ($1,500) for applications filed during calendar years 2021—2025.
(iii) One thousand nine hundred dollars ($1,900) for applications filed during calendar years 2026—2030.
(iv) Two thousand four hundred dollars ($2,400) for applications filed for the calendar years beginning with 2031.
(4) For a significant modification of an operating permit or part thereof:
(i) Three hundred seventy-five dollars ($375) for applications filed during calendar years 2005—2020.
(ii) Two thousand dollars ($2,000) for applications filed during calendar years 2021—2025.
(iii) Two thousand five hundred dollars ($2,500) for applications filed during calendar years 2026—2030.
(iv) Three thousand one hundred dollars ($3,100) for applications filed for the calendar years beginning with 2031.
(5) For an administrative amendment of an operating permit or part thereof or a transfer of an operating permit:
(i) Three hundred seventy-five dollars ($375) for applications filed during calendar years 2005—2020.
(ii) One thousand five hundred dollars ($1,500) for applications filed during calendar years 2021—2025.
(iii) One thousand nine hundred dollars ($1,900) for applications filed during calendar years 2026—2030.
(iv) Two thousand four hundred dollars ($2,400) for applications filed for the calendar years beginning with 2031.
(c) Each applicant subject to subsection (a) shall pay the annual operating permit administration fee of three hundred seventy-five dollars ($375) through December 31, 2020.
(d) Except as specified in paragraph (1), beginning January 16, 2021, each applicant subject to subsection (a) shall pay the annual operating permit maintenance fee in paragraph (2) or paragraph (3) on or before December 31 of each year for the next calendar year.
(1) The annual operating permit maintenance fee in paragraph (2) or paragraph (3) for calendar year 2021 is due on or before March 17, 2021.
(2) For a synthetic minor facility, a fee equal to:
(i) Four thousand dollars ($4,000) for calendar years 2021—2025.
(ii) Five thousand dollars ($5,000) for calendar years 2026—2030.
(iii) Six thousand three hundred dollars ($6,300) for the calendar years beginning with 2031.
(3) For a facility that is not a synthetic minor, a fee equal to:
(i) Two thousand dollars ($2,000) for calendar years 2021—2025.
(ii) Two thousand five hundred dollars ($2,500) for calendar years 2026—2030.
(iii) Three thousand one hundred dollars ($3,100) for the calendar years beginning with 2031.
§ 127.704. Title V operating permit fees under Sub- chapter G.
(a) Each applicant for an operating permit, which is for a Title V facility, shall, as part of the operating permit application and as required on an annual basis, submit the fees required by this section to the Department.
(b) Each applicant subject to subsection (a) shall pay a fee equal to the following, as applicable. These fees apply to the application for a new operating permit and for the renewal and reissuance, modification or administrative amendment of an operating permit or part thereof or a transfer of an operating permit.
(1) For a new operating permit:
(i) Seven hundred fifty dollars ($750) for applications filed during calendar years 2005—2020.
(ii) Five thousand dollars ($5,000) for applications filed during calendar years 2021—2025.
(iii) Six thousand three hundred dollars ($6,300) for applications filed during calendar years 2026—2030.
(iv) Seven thousand nine hundred dollars ($7,900) for applications filed for the calendar years beginning with 2031.
(2) For a renewal and reissuance of an operating permit or part thereof:
(i) Seven hundred fifty dollars ($750) for applications filed during calendar years 2005—2020.
(ii) Four thousand dollars ($4,000) for applications filed during calendar years 2021—2025.
(iii) Five thousand dollars ($5,000) for applications filed during calendar years 2026—2030.
(iv) Six thousand three hundred dollars ($6,300) for applications filed for the calendar years beginning with 2031.
(3) For a minor modification of an operating permit or part thereof:
(i) Seven hundred fifty dollars ($750) for applications filed during calendar years 2005—2020.
(ii) One thousand five hundred dollars ($1,500) for applications filed during calendar years 2021—2025.
(iii) One thousand nine hundred dollars ($1,900) for applications filed during calendar years 2026—2030.
(iv) Two thousand four hundred dollars ($2,400) for applications filed for the calendar years beginning with 2031.
(4) For a significant modification of an operating permit or part thereof:
(i) Seven hundred fifty dollars ($750) for applications filed during calendar years 2005—2020.
(ii) Four thousand dollars ($4,000) for applications filed during calendar years 2021—2025.
(iii) Five thousand dollars ($5,000) for applications filed during calendar years 2026—2030.
(iv) Six thousand three hundred dollars ($6,300) for applications filed for the calendar years beginning with 2031.
(5) For an administrative amendment of an operating permit or part thereof or a transfer of an operating permit:
(i) Seven hundred fifty dollars ($750) for applications filed during calendar years 2005—2020.
(ii) One thousand five hundred dollars ($1,500) for applications filed during calendar years 2021—2025.
(iii) One thousand nine hundred dollars ($1,900) for applications filed during calendar years 2026—2030.
(iv) Two thousand four hundred dollars ($2,400) for applications filed for the calendar years beginning with 2031.
(c) Each applicant subject to subsection (a) that is the owner or operator of a facility identified in subparagraph (iv) of the definition of Title V facility in § 121.1 (relating to definitions) shall pay the annual operating permit administration fee of seven hundred fifty dollars ($750) through December 31, 2020.
(d) Except as specified in paragraph (1), beginning January 16, 2021, each applicant subject to subsection (a) shall pay the annual operating permit maintenance fee in paragraph (2), paragraph (3) or paragraph (4) on or before December 31 of each year for the next calendar year.
(1) The annual operating permit maintenance fee in paragraph (2) for calendar year 2021 is due on or before March 17, 2021.
(2) Eight thousand dollars ($8,000) for calendar years 2021—2025.
(3) Ten thousand dollars ($10,000) for calendar years 2026—2030.
(4) Twelve thousand five hundred dollars ($12,500) for the calendar years beginning with 2031.
(e) The owner or operator of a source that submits an application for a PAL permit under § 127.218(b) (relating to PALs), to cease a PAL permit under § 127.218(j) or to increase a PAL under § 127.218(l) shall pay a fee equal to:
(1) Ten thousand dollars ($10,000) for applications filed during calendar years 2021—2025.
(2) Twelve thousand five hundred dollars ($12,500) for applications filed during calendar years 2026—2030.
(3) Fifteen thousand six hundred dollars ($15,600) for applications filed for the calendar years beginning with 2031.
(f) The owner or operator of a source proposing a PAL under Subchapter D (relating to prevention of significant deterioration of air quality) that is not included in an application submitted under subsection (e) shall pay a fee equal to:
(1) Ten thousand dollars ($10,000) for applications filed during calendar years 2021—2025.
(2) Twelve thousand five hundred dollars ($12,500) for applications filed during calendar years 2026—2030.
(3) Fifteen thousand six hundred dollars ($15,600) for applications filed for the calendar years beginning with 2031.
§ 127.705. Emission fees.
(a) The owner or operator of a Title V facility including a Title V facility located in Philadelphia County or Allegheny County, except a facility identified in subparagraph (iv) of the definition of a Title V facility in § 121.1 (relating to definitions), shall pay an annual Title V emission fee of $85 per ton for each ton of a regulated pollutant actually emitted from the facility. The owner or operator will not be required to pay an emission fee for emissions of more than 4,000 tons of each regulated pollutant from the facility. The owner or operator of a Title V facility located in Philadelphia County or Allegheny County shall pay the emission fee to the county Title V program approved by the Department under section 12 of the act (35 P.S. § 4012) and § 127.706 (relating to Philadelphia County and Allegheny County financial assistance).
(b) The emissions fees required by this section shall be due on or before September 1 of each year for emissions from the previous calendar year. The fees required by this section shall be paid for emissions occurring in calendar year 2013 and for each calendar year thereafter.
(c) As used in this section, the term ''regulated pollutant'' means a VOC, each pollutant regulated under sections 111 and 112 of the Clean Air Act (42 U.S.C.A. §§ 7411 and 7412) and each pollutant for which a National ambient air quality standard has been promulgated, except that carbon monoxide shall be excluded from this reference.
(d) The emission fee imposed under subsection (a) shall be increased in each calendar year after December 14, 2013, by the percentage, if any, by which the Consumer Price Index for the most recent calendar year exceeds the Consumer Price Index for the previous calendar year.
(e) For purposes of subsection (d):
(1) The Consumer Price Index for a calendar year is the average of the Consumer Price Index for All-Urban Consumers, published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year.
(2) The revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
§ 127.708. Asbestos abatement or regulated demolition or renovation project notification.
(a) An owner or operator of an asbestos abatement or regulated demolition or renovation project that is subject to 40 CFR Part 61, Subpart M (relating to National emission standard for asbestos) or the Asbestos Occupations Accreditation and Certification Act (Act 1990-194) (63 P.S. §§ 2101—2112) and which is not located in Philadelphia County or Allegheny County shall submit to the Department with the required notification form a fee equal to:
(1) Three hundred dollars ($300) for forms filed during calendar years 2021—2025.
(2) Four hundred dollars ($400) for forms filed during calendar years 2026—2030.
(3) Five hundred dollars ($500) for forms filed for the calendar years beginning with 2031.
(b) The Department will waive the fee for a subsequent notification form submitted for the asbestos abatement or regulated demolition or renovation project.
§ 127.709. Fees for requests for determination.
The owner or operator of a source subject to this chapter that submits a request for determination under § 127.14 (relating to exemptions) for a plan approval, an operating permit or for both a plan approval and an operating permit shall pay the applicable fee specified in paragraph (1) or paragraph (2):
(1) The owner or operator of a source that meets the definition of small business stationary source set forth in section 3 of the act (35 P.S. § 4003) shall pay a fee equal to:
(i) Four hundred dollars ($400) for requests for determination filed during calendar years 2021—2025.
(ii) Five hundred dollars ($500) for requests for determination filed during calendar years 2026—2030.
(iii) Six hundred dollars ($600) for requests for determination filed for the calendar years beginning with 2031.
(2) The owner or operator of a source that does not meet the criterion in paragraph (1) shall pay a fee equal to:
(i) Six hundred dollars ($600) for requests for determination filed during calendar years 2021—2025.
(ii) Eight hundred dollars ($800) for requests for determination filed during calendar years 2026—2030.
(iii) One thousand dollars ($1,000) for requests for determination filed for the calendar years beginning with 2031.
§ 127.710. Fees for the use of general plan approvals and general operating permits under Sub- chapter H.
The Department may establish application fees for the use of general plan approvals and general operating permits under Subchapter H (relating to general plan approvals and operating permits) for stationary or portable sources. These application fees will be established when the general plan approval or general operating permit is issued or modified by the Department. These application fees will be published in the Pennsylvania Bulletin as provided in §§ 127.612 and 127.632 (relating to public notice and review period).
[Pa.B. Doc. No. 21-78. Filed for public inspection January 15, 2021, 9:00 a.m.]
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