PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[ 25 PA. CODE CHS. 121, 127 AND 139 ]
Air Quality Fee Schedules
[39 Pa.B. 6049]
[Saturday, October 17, 2009]The Environmental Quality Board (Board) proposes to amend Chapters 121, 127 and 139 (relating to general provisions construction, modification, reactivation and operation of sources; and sampling and testing) as set forth in Annex A.
This proposal will address any disparity between the program income generated by fees and the cost of administering those programs.
This notice is given under Board order at its meeting of July 21, 2009.
A. Effective Date
These amendments will be effective upon publication in the Pennsylvania Bulletin as final-form rulemaking.
These amendments will be submitted to the United States Environmental Protection Agency as a revision to the Pennsylvania State Implementation Plan upon final-form rulemaking.
B. Contact Persons
For further information, contact Dean Van Orden, Assistant Director, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 783-9264 or Robert ''Bo'' Reiley, Assistant Counsel, Bureau of Regulatory Counsel, 9th Floor, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060.
Information regarding submitting comments on this proposal appears in Section J of this preamble. Persons with a disability may use the Pennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) web site at http://www.depweb. state.pa.us.
C. Statutory Authority
This action is being taken under the authority of section 6.3 of the Air Pollution Control Act (APCA) (35 P. S. § 4006.3), which grants to the Board the authority to adopt regulations to establish fees to cover the indirect and direct costs of administering the air pollution control program.
D. Background and Summary
The main purpose of this proposed rulemaking is to amend existing requirements and fees codified in Chapter 127, Subchapter I (relating to plan approval and operating permit fees), and add new categories of fees to that subchapter to address modifications of existing plan approvals and requests for determination of whether a plan approval is required. The proposed rulemaking would also add a new section to address fees for risk assessment applications. The proposed rulemaking would amend the existing annual emission fee paid by the owner or operator of a Title V facility. The proposed rulemaking would also add Subchapter D (relating to testing, auditing, and monitoring fees) to Chapter 139, to add new categories of fees to address Department-performed source testing, test report reviews and auditing and monitoring activities related to continuous emissions monitoring systems (CEMS).
These increased fees and new fees would be used to support the Department's air quality program as authorized by the APCA. This will ensure that the program is self-sustaining. The fee revisions would allow the Department to maintain staffing levels in the air quality program. This would provide a sound basis for continued air quality assessments and planning that are fundamental to protecting public health and welfare and the environment.
Increased funding for the plan approval and operating permit program would continue to allow for timely and complete review of plan approval and operating permit applications. Implementation of new fees for risk assessment applications would allow for resources to address this important area of public health and social well-being by evaluating the risks associated with observed levels of contaminants.
Implementation of the new schedule of fees proposed in Chapter 139, Subchapter D, for the source testing and monitoring program would fund observations of stack emissions source testing and audits of CEMS by Department staff. Observations and audits conducted by Department staff with expertise in source testing and monitoring would ensure that high quality test and monitoring data are collected and submitted to the Department. High quality data are critical to determining compliance with permitted air pollutant emission limits and establishing emission inventories used by the Department in developing programs to protect public health and social well-being.
The Department worked with the Air Quality Technical Advisory Committee (AQTAC) in the development of these proposed amendments. At its February 12, 2009, meeting, the AQTAC concurred with the Department's recommendation to advance the proposal to the Board for consideration as proposed rulemaking with publication for a minimum 60-day public comment period and three public hearings.
The Department also conferred with the Citizens Advisory Council (CAC) concerning the proposed rulemaking on February 17, 2009. The CAC concurred with the Department's recommendation to advance the proposal to the Board for consideration as proposed rulemaking. An overview of the proposal was presented to the Small Business Compliance Advisory Committee on March 4, 2009.
E. Summary of Regulatory Revisions
The proposed amendments add the following 22 new definitions and terms to § 121.1 (relating to definitions) to explain source testing, auditing and monitoring activities used in the substantive provisions under either Chapter 127, Subchapter I or Chapter 139, Subchapter D: ''CEMS level 1 quarterly report,'' ''CEMS level 1 quarterly report audit,'' ''CEMS level 2 system inspection audit,'' ''CEMS level 3 analyzer audit,'' ''CEMS level 4 system audit,'' ''CEMS level 4 system audit report,'' ''CEMS level 4 test protocol,'' ''CEMS level 4 test protocol review,'' ''CEMS level 4 test report (RATA),'' ''CEMS level 4 test report (RATA) review,'' ''CEMS levels,'' ''CEMS periodic self-audit,'' ''CEMS phase 1 monitoring plan,'' ''CEMS phase 1 monitoring plan review,'' ''CEMS phase 2 test protocol,'' ''CEMS phase 3 certification test report,'' ''CEMS phase 3 certification test report review,'' ''CEMS phases,'' ''observer,'' ''RATA-relative accuracy test audit,'' ''risk assessment'' and ''trial burn operating scenario.'' The proposed amendments revise the definition of one term to provide clarity: ''CEMS—continuous emissions monitoring system.''
Proposed changes to § 127.701 (relating to general provisions) ensure that fees are made payable to the Pennsylvania Clean Air Fund and that at least every 5 years, the Department will provide the Board with an evaluation of the fees in this subchapter and recommend regulatory changes to the Board to address any disparity between the program income generated by the fees and the Department's cost of administering the air quality program with the objective of ensuring sufficient fees to meet all program costs.
Proposed changes to § 127.702 (relating to plan approval fees) provide for, among other things, the following proposed fee provisions:
Under subsection (b), the owner or operator of a source requiring approval under Chapter 127, Subchapter B (relating to plan approval requirements), including a proposed revision to an application that requires reassessment of a control technology determination, shall pay a fee equal to $1,300 for applications filed during the 2010—2014 calendar years; $1,600 for applications filed during the 2015—2019 calendar years; and $2,000 for applications filed for the calendar years beginning in 2020.
Under subsection (c), the owner or operator of a source requiring approval under Chapter 127, Subchapter E (relating to new source review), including a proposed revision to an application that requires reassessment of a control technology determination, shall pay a fee equal to $6,300 for applications filed during the 2010—2014 calendar years; $7,300 for applications filed during the 2015—2019 calendar years; and $8,000 for applications filed for the calendar years beginning in 2020.
Under subsection (d), the owner or operator of a source requiring approval under Chapter 122, Chapter 124 or § 127.35(b) (relating to national standards of performance for new stationary sources; national emission standards for hazardous air pollutants; and maximum achievable control technology standards for hazardous air pollutants), including a proposed revision to an application that requires reassessment of a control technology determination, shall pay a fee equal to $2,000 for applications filed during the 2010—2014 calendar years; $2,500 for applications filed during the 2015—2019 calendar years; and $3,000 for applications filed during the calendar years beginning in 2020.
Under subsection (e), the owner or operator of a source requiring approval under § 127.35(c), (d) or (h), including a proposed revision to an application that requires reassessment of a control technology determination, shall pay a fee equal to $10,000 for applications filed during the 2010—2014 calendar years; $12,000 for applications filed during the 2015—2019 calendar years; and $14,000 for applications filed during the calendar years beginning in 2020.
Under subsection (f), the owner or operator of a source requiring approval under Chapter 127, Subchapter D (relating to prevention of significant deterioration of air quality), including a proposed revision to an application that requires reassessment of a control technology determination, shall pay a fee equal to $27,200 for applications filed during the 2010—2014 calendar years; $30,700 for applications filed during the 2015—2019 calendar years; and $35,700 for applications filed during the calendar years beginning 2020.
Under subsection (g), the owner or operator of a source proposing a modification of a plan approval, extension of a plan approval or transfer of a plan approval due to a change of ownership, except as provided in subsection (h), when an amendment of a plan approval or revision of an application by the applicant that requires the reassessment of a control technology determination or of the ambient impacts of the source is a significant modification of the plan approval or application, shall pay a fee equal to $400 for applications filed during the 2010—2014 calendar years; $500 for applications filed during the 2015—2019 calendar years; and $650 for applications filed during the calendar years beginning in 2020.
Under subsection (h)(1), the applicant proposing an amendment of the plan approval or revision to an application that requires reassessment of a control technology determination shall pay fees as established under subsections (b)—(f).
Under subsection (h)(2), the applicant proposing an amendment of a plan approval or revision to an application that requires changes to the ambient impact analysis or Department reanalysis of the ambient impacts of the source to meet the requirements of 40 CFR 51, Appendix W (relating to guideline on air quality models) shall pay fees in accordance with the following: for modeling using a screening technique as defined in 40 CFR 51, Appendix W—$3,500 for applications filed during the 2010—2014 calendar years; $4,500 for applications filed during the 2015—2019 calendar years; and $6,000 for applications filed for calendar years beginning in 2020; for all other modeling as defined in 40 CFR 51, Appendix W—$7,500 for applications filed during the 2010—2014 calendar years; $9,000 for applications filed during the 2015—2019 calendar years; and $11,000 for applications filed for the calendar years beginning in 2020.
Under subsection (j), the owner or operator of a source that submits a request for determination for a plan approval application shall pay a fee equal to $400 for requests for determination filed during the 2010—2014 calendar years; $500 for requests for determination filed during the 2015—2019 calendar years; and $650 for requests for determination filed for the calendar years beginning in 2020. The owner or operator of a source that submits a request for determination for both a plan approval under this section and an operating permit under § 127.703(e) (relating to operating permit fees under Subchapter F) shall pay one request for determination fee.
Under subsection (k), the owner or operator of a source proposing to use a general plan approval under Chapter 127, Subchapter H (relating to general plan approvals and operating permits) shall pay a fee which will not be greater than the fees established under § 127.702. These fees shall be established at the time the general plan approval is issued and will be published in the Pennsylvania Bulletin as provided in §§ 127.612 and 127.632 (relating to public notice; and review period).
Proposed changes to § 127.703 provide for, among other things, the following proposed fee provisions:
Under subsection (b) for processing an application for an operating permit—$500 for applications filed during the 2010—2014 calendar years; $600 for applications filed during the 2015—2019 calendar years; and $850 for applications filed for the calendar years beginning in 2020.
Under subsection (c) for the annual operating permit administration fee—$500 for the 2010—2014 calendar years; $600 for the 2015—2019 calendar years; and $750 for the calendar years beginning in 2020. The annual operating permit administration fee is due on or before March 1 of each year for the current calendar year.
Under subsection (e), the owner or operator of a source that submits a request for determination for an operating permit shall pay a fee equal to $400 for requests for determination filed during the 2010—2014 calendar years; $500 for requests for determination filed during the 2015—2019 calendar years; and $650 for requests for determination filed for the calendar years beginning in 2020. The owner or operator that submits a request for determination for both an operating permit under this section and a plan approval under § 127.702(j) shall pay one request for determination fee.
Under subsection (f), the owner or operator of a source proposing to use a general operating permit under Chapter 127, Subchapter H shall pay a fee which will not be greater than the fees established under § 127.703. These fees shall be established at the time the general operating permit is issued and will be published in the Pennsylvania Bulletin as provided in §§ 127.612 and 127.632.
Proposed changes to § 127.704 (relating to Title V operating permit fees under Subchapter G) provide for, among other things, the following proposed fee provisions:
Under subsection (b), for processing an application for an operating permit—$900 for applications filed during the 2010—2014 calendar years; $1,100 for applications filed during the 2015—2019 calendar years; and $1,500 for applications filed for the calendar years beginning in 2020.
Under subsection (c), the annual operating permit administrative fee—$900 for applications filed during the 2010—2014 calendar years; $1,100 for applications filed during the 2015—2019 calendar years; and $1,300 for applications filed for the calendar years beginning in 2020.
Under subsection (e), the owner or operator of a source proposing to use a general operating permit under Chapter 127, Subchapter H shall pay a fee which will not be greater than the fees established under § 127.704. These fees shall be established at the time the general operating permit is issued and will be published in the Pennsylvania Bulletin as provided in §§ 127.612 and 127.632.
Proposed changes to § 127.705 (relating to emission fees) provide for, among other things, under subsection (a) that beginning January 1, 2010, the annual Title V emission fee is $70 per ton for each ton of regulated pollutant actually emitted from the facility.
Proposed § 127.708 (relating to risk assessment) provides that each applicant for a risk assessment shall, as part of the plan approval application, submit the application fee as follows:
Under subsection (b), for a risk assessment that is inhalation only with a screening model—$5,000 for applications filed during the 2010—2014 calendar years; $6,000 for applications filed during the 2015—2019 calendar years; and $7,200 for applications filed for the calendar years beginning in 2020.
Under subsection (c), for a risk assessment that is inhalation only for all other modeling—$9,000 for applications filed during the 2010—2014 calendar years; $11,000 for applications filed during the 2015—2019 calendar years; and $13,000 for applications filed for the calendar years beginning in 2020.
Under subsection (d), for a risk assessment that is multi-pathway—$10,000 for applications filed during the 2010—2014 calendar years; $12,000 for applications filed during the 2015—2019 calendar years; and $14,500 for applications filed for the calendar years beginning in 2020.
Chapter 139 is proposed to be amended to add Subchapter D. This subchapter is proposed to establish fees for testing, auditing and monitoring activities that the Department undertakes to administer the requirements of the APCA or the Clean Air Act. The fees collected under this subchapter shall be made payable to the Pennsylvania Clean Air Fund and deposited into the Clean Air Fund established under section 9.2 of the APCA (35 P. S. § 4009.2). At least every 5 years, the Department will provide the Board with an evaluation of the fees in this subchapter and recommend regulatory changes to the Board to address any disparity between the program income generated by the fees and the Department's cost of administering the air quality program with the objective of ensuring sufficient fees to meet all program costs.
Under proposed § 139.202 (relating to schedule of testing, auditing and monitoring fees) for testing, auditing and monitoring activities performed by Department personnel for calendar years 2010—2014, 2015—2019, and calendar years beginning with 2020, the Department will assess a testing, auditing or monitoring fee on the applicant or permittee in accordance with the schedule of testing, auditing and monitoring fees for activities performed by Department personnel listed in Table I.
F. Benefits, Costs and Compliance
Benefits
Overall, the citizens of this Commonwealth would benefit from these proposed amendments because the fee revisions would allow the Department to maintain staffing levels in the air quality program. This would provide a sound basis for continued air quality assessments and planning that are fundamental to protecting public health and welfare and the environment.
Compliance Costs
The proposed rulemaking adjusts the fees to be paid by the owners or operators of affected facilities. The Department estimates that the increase in emission fees will result in additional costs of $2,761,000 per year to the owners or operators of affected facilities. The adjusted plan approval and permit fees are estimated to result in an increase in costs of $760,000 per year. The source testing fees would increase costs to owners or operators by $1.4 million per year. No new legal, accounting or consulting procedures would be required.
Compliance Assistance Plan
The Department plans to educate and assist the public and regulated community in understanding the newly revised requirements and how to comply with them. This will be accomplished through the Department's ongoing compliance assistance program.
Paperwork Requirements
There are no additional paperwork requirements associated with this proposed rulemaking with which industry would need to comply.
G. Pollution Prevention
The Federal Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. This proposed rulemaking would allow the Department to maintain staffing levels in the air quality program, which would provide a sound basis for continued air quality assessments and planning that are fundamental to reducing pollution and protecting public health and welfare and the environment.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
At least every 5 years, the Department will provide the Board with an evaluation of the fees in this subchapter and recommend regulatory changes to the Board to address any disparity between the program income generated by the fees and the Department's cost of administering the air quality program with the objective of ensuring sufficient fees to meet all program costs.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 6, 2009, the Department submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the House and Senate Environmental Resources and Energy Committees (Committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed amendments within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review of these issues by the Department, the General Assembly and the Governor prior to final publication of the regulations.
J. Public Comments
Written Comments: Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by December 21, 2009. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by December 21, 2009. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form regulation will be considered.
Electronic Comments: Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by December 21, 2009. A subject heading of the proposal and a return name and address must be included in each transmission. If the sender does not receive an acknowledgement of electronic comments within 2 working days, the comments should be retransmitted to ensure receipt.
K. Public Hearings
The Board will hold three public hearings for the purpose of accepting comments on this proposal. The hearings will be held as follows:
Department of Environmental Protection
Southcentral Regional Office
Susquehanna Room A
909 Elmerton Avenue
Harrisburg, PA 17110November 17, 2009
10 a.m.Department of Environmental Protection
Southeast Regional Office
Delaware Conference Room
2 East Main Street
Norristown, PA 19401November 19, 2009
10 a.m.Department of Environmental Protection
Southwest Regional Office
Waterfront Conference Room A
and B
400 Waterfront Drive
Pittsburgh, PA 15222-4745November 20, 2009
10 a.m.Persons wishing to present testimony at a hearing are requested to contact the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Board may accommodate their needs.
JOHN HANGER,
ChairpersonFiscal Note: 7-441. No fiscal impact; (8) recommends adoption.
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:
* * * * * CEMS—Continuous emissions monitoring system—[For purposes of Chapter 127, Subchapter E, all]
(i) All of the equipment [that]:
(A) That may be required to meet the data acquisition and availability requirements [of Chapter 127, Subchapter E] set forth by the Department to sample, condition, analyze and provide a record of emissions on a continuous basis.
(B) That may be necessary for the determination, collection and reporting of a pollutant or parameter in the applicable units of measurement in accordance with the requirements set forth by the Department.
(ii) The requirements may be set forth by the Department in one or more of the following:
(A) Plan approval.
(B) Permit.
(C) Order.
(D) Technical guidance.
(E) Chapter 127, Subchapter E (relating to new source review).
(F) Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sources).
(G) Other regulations.
CEMS level 1 quarterly report—The written emissions report submitted quarterly to the Department by the owner or operator of a facility with a CEMS. The format and content of the report are specified in the Continuous Source Monitoring Manual referenced in § 139.102(3) (relating to references).
CEMS level 1 quarterly report audit—The audit conducted by the Department on the CEMS level 1 quarterly emissions report submitted by the owner or operator of a facility.
(i) The audit includes both of the following activities:
(A) A review of the emissions report for consistency in both format and content with the current Continuous Source Monitoring Manual referenced in § 139.102(3).
(B) Subsequent processing of the emissions report through the Continuous Emission Monitoring Data Processing System (CEMDPS), from which a written report summarizing the quarterly report submitted by the facility is generated.
(ii) Initial submittal refers to the first time the CEMS level 1 quarterly report is submitted for audit.
(iii) Resubmittal refers to subsequent submittals of the CEMS level 1 quarterly report to correct incorrect data or calculations or to supply missing data or calculations.
CEMS level 2 system inspection audit—
(i) A random or as-needed audit conducted by the Department of the CEMS at a facility, which consists of all of the following:
(A) A system configuration and equipment inspection.
(B) A diagnostic check of the analyzers.
(C) An operational audit.
(D) A data inspection.
(ii) The term includes a field systems inspection audit.
CEMS level 3 analyzer audit—
(i) A random or as-needed audit conducted by the Department of analyzer performance of the CEMS at a facility, which includes both of the following actions:
(A) Each analyzer is challenged with Department-supplied calibration gases or neutral density filters (opacity) at three operational levels.
(B) The results obtained from the facility analyzers are compared to the values of the reference materials.
(ii) The term includes an analyzer performance audit.
CEMS level 4 system audit—An audit by either the Department or the owner or operator of the facility of the system performance of the CEMS, conducted in accordance with the Department's current RATA procedures, when both of the following occur:
(i) Testing is conducted using EPA-approved test methods.
(ii) The test results are reported in the applicable units of measurement in the CEMS level 4 system audit report.
CEMS level 4 system audit report—The written report containing the results of a Department- or company-conducted CEMS level 4 system audit of the system performance of the CEMS.
CEMS level 4 test protocol—A test protocol that describes all test procedures and methods to be used to inspect the CEMS.
CEMS level 4 test protocol review—Department review of the information contained in the CEMS level 4 test protocol.
CEMS level 4 test report (RATA)—The test report detailing the results of the testing conducted on the CEMS.
CEMS level 4 test report (RATA) review—Department review of the information contained in the CEMS level 4 test report (RATA).
CEMS levels—A four-level inspection and audit program that the Department uses to determine the continued accuracy and reliability of installed, certified CEMS.
CEMS periodic self-audit—A periodically conducted audit of system performance that is required of the owner or operator of a certified CEMS, which follows the current RATA procedures listed in the CEMS phase 2 performance testing section of the current Continuous Source Monitoring Manual referenced in § 139.102(3).
CEMS phase 1 monitoring plan—
(i) The initial written monitoring plan application for the installation of a CEMS, submitted by the owner or operator of a facility to the Department.
(ii) The monitoring plan application must indicate the probable capability of a monitoring system to meet all of the regulatory requirements.
CEMS phase 1 monitoring plan review—Review of the CEMS phase 1 monitoring plan by the Department.
(i) Initial certification refers to a currently uncertified CEMS undergoing the process of certification for the first time.
(ii) Recertification refers to a currently certified CEMS undergoing the process of the CEMS phase 1 monitoring plan review due to a change from the currently approved system.
CEMS phase 2 test protocol—
(i) The report that documents the performance testing that will be conducted on the CEMS by the owner or operator of the facility to obtain Department certification.
(ii) The report is submitted to the Department in the form of a written test protocol as specified in the Continuous Source Monitoring Manual referenced in § 139.102(3).
CEMS phase 3 certification test report—The written report submitted to the Department by the owner or operator of the facility, which includes all of the following information to verify the compliance of the CEMS with all regulatory requirements:
(i) Identification of all analyzer/measurement device serial numbers.
(ii) Identification of all raw data and calculations for the testing specified in the CEMS phase 2 test protocol submitted by the owner or operator of the facility.
(iii) All additional data or testing required by the Department,
CEMS phase 3 certification test report review—Review of the CEMS phase 3 certification test report by the Department, which, if approved in writing, results in the certification of the CEMS.
CEMS phases—
(i) The certification process for a new, currently uncertified CEMS.
(ii) The recertification process for a currently certified CEMS for which the owner or operator has applied for a change from the currently approved system.
* * * * * Observer—For purposes of Chapter 139, Subchapter D (relating to testing, auditing and monitoring fees), Department staff qualified to observe testing.
* * * * * RATA—Relative accuracy test audit—A performance test of the CEMS required as part of the following:
(i) A CEMS phase 2 test protocol.
(ii) A CEMS level 4 system audit, when conducted by the Department.
(iii) The CEMS periodic self-audit.
* * * * * Risk assessment—The determination of potentially adverse health effects from exposure to chemicals, including both quantitative and qualitative expressions of risk.
* * * * * Trial burn operating scenario—A demonstration of process capability for a source using an operating method or operating process different from the process operating conditions described in the operating permit.
* * * * *
CHAPTER 127. CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES
Subchapter I. PLAN APPROVAL AND OPERATING PERMIT FEES § 127.701. General provisions.
* * * * * (b) The fees collected under this subchapter shall be made payable to the Pennsylvania Clean Air Fund and deposited into the Clean Air Fund established under section 9.2 of the act (35 P. S. § 4009.2).
(c) Fees collected under this subchapter to implement the requirements of Title V of the Clean Air Act and the Small Business Stationary Source Technical and Environmental Compliance Assistance, Compliance Advisory Committee and the Office of Small Business Ombudsman shall be made payable to the Pennsylvania Clean Air Fund and deposited into a restricted revenue account within the Clean Air Fund.
(d) At least every 5 years, the Department will provide the EQB with an evaluation of the fees in this subchapter and recommend regulatory changes to the EQB to address any disparity between the program income generated by the fees and the Department's cost of administering the air quality program with the objective of ensuring sufficient fees to meet all program costs.
§ 127.702. Plan approval fees.
* * * * * (b) Except as provided in subsections (c)—[(g)] (j), the owner or operator of a source requiring approval under Subchapter B (relating to plan approval requirements) shall pay a fee equal to:
(1) [Seven hundred fifty dollars for applications filed during the 1995—1999 calendar years.
(2) Eight hundred fifty dollars for applications filed during the 2000—2004 calendar years.
(3)] One thousand dollars for applications filed [for] during the [calendar years beginning in] 2005—2009 calendar years.
(2) One thousand three hundred dollars for applications filed during the 2010—2014 calendar years.
(3) One thousand six hundred dollars for applications filed during the 2015—2019 calendar years.
(4) Two thousand dollars for applications filed for the calendar years beginning in 2020.
(c) [A] The owner or operator of a source requiring approval under Subchapter E (relating to new source review) shall pay a fee equal to:
(1) [Three thousand five hundred dollars for applications filed during the 1995—1999 calendar years.
(2) Four thousand three hundred dollars for applications filed during the 2000—2004 calendar years.
(3)] Five thousand three hundred dollars for applications filed [beginning in] during the 2005—2009 calendar years.
(2) Six thousand three hundred dollars for applications filed during the 2010—2014 calendar years.
(3) Seven thousand three hundred dollars for applications filed during the 2015—2019 calendar years.
(4) Eight thousand dollars for applications filed for the calendar years beginning in 2020.
(d) [A] The owner or operator of a source subject to standards adopted under Chapter 122 (relating to national standards of performance for new stationary sources), [or to standards adopted under] 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 a fee equal to:
(1) [One thousand two hundred dollars for applications filed during the 1995—1999 calendar years.
(2) One thousand four hundred dollars for applications filed during the 2000—2004 calendar years.
(3)] One thousand seven hundred dollars for applications filed [beginning in] during the 2005—2009 calendar years.
(2) Two thousand dollars for applications filed during the 2010—2014 calendar years.
(3) Two thousand five hundred dollars for applications filed during the 2015—2019 calendar years.
(4) Three thousand dollars for applications filed during the calendar years beginning in 2020.
(e) [A] The owner or operator of a source subject to § 127.35(c), (d) or (h) [(relating to maximum achievable control technology standards for hazardous air pollutants)] shall pay a fee equal to:
(1) [Five thousand five hundred dollars for applications filed during the 1995—1999 calendar years.
(2) Six thousand seven hundred dollars for applications filed during the 2000—2004 calendar years.
(3)] Eight thousand dollars for applications filed [beginning in] during the 2005—2009 calendar years.
(2) Ten thousand dollars for applications filed during the 2010—2014 calendar years.
(3) Twelve thousand dollars for applications filed during the 2015—2019 calendar years.
(4) Fourteen thousand dollars for applications filed during the calendar years beginning in 2020.
(f) [A] 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) [Fifteen thousand dollars for applications filed during the 1995—1999 calendar years.
(2) Eighteen thousand five hundred dollars for applications filed during the 2000—2004 calendar years.
(3)] Twenty-two thousand seven hundred dollars for applications filed [beginning in] during the 2005—2009 calendar years.
(2) Twenty-seven thousand two hundred dollars for applications filed during the 2010—2014 calendar years.
(3) Thirty thousand seven hundred dollars for applications filed during the 2015—2019 calendar years.
(4) Thirty-five thousand seven hundred dollars for applications filed during the calendar years beginning 2020.
(g) Except as provided in subsection (h), the owner or operator of a source proposing a [minor] modification of a plan approval, extension of a plan approval[, and] or transfer of a plan approval due to a change of ownership, shall pay a fee equal to:
(1) [Two hundred dollars for applications filed during the 1995—1999 calendar years.
(2) Two hundred thirty dollars for applications filed during the 2000—2004 calendar years.
(3)] Three hundred dollars for applications filed [beginning in] during the 2005—2009 calendar years.
(2) Four hundred dollars for applications filed during the 2010—2014 calendar years.
(3) Five hundred dollars for applications filed during the 2015—2019 calendar years.
(4) Six hundred fifty dollars for applications filed during the calendar years beginning in 2020.
(h) The [modification] amendment of a plan approval or revision of an application by the applicant that [includes] requires the reassessment of a control technology determination or of the ambient impacts of the source [will not be considered] is a [minor] significant modification of the plan approval or application.
(1) The applicant proposing an amendment of the plan approval or revision to an application that requires reassessment of a control technology determination shall pay fees as established under subsections (b)—(f).
(2) The applicant proposing an amendment of a plan approval or revision to an application that requires changes to the ambient impact analysis or Department reanalysis of the ambient impacts of the source to meet the requirements of 40 CFR 51, Appendix W (relating to guideline on air quality models), shall pay fees in accordance with the following:
(i) For modeling using a screening technique as defined in 40 CFR 51, Appendix W:
(A) Three thousand five hundred dollars for applications filed during the 2010—2014 calendar years.
(B) Four thousand five hundred dollars for applications filed during the 2015—2019 calendar years.
(C) Six thousand dollars for applications filed for calendar years beginning in 2020.
(ii) For all other modeling as defined in 40 CFR 51, Appendix W:
(A) Seven thousand five hundred dollars for applications filed during the 2010—2014 calendar years.
(B) Nine thousand dollars for applications filed during the 2015—2019 calendar years.
(C) Eleven thousand dollars for applications filed for the calendar years beginning in 2020.
(i) The Department may establish application fees for general plan approvals and plan approvals for sources operating at multiple temporary locations [which] that will not be greater than the fees established [by subsection (b)] under this section. These fees [shall] will be established at the time the plan approval is issued and will be published in the Pennsylvania Bulletin as provided in §§ 127.612 and 127.632 (relating to public notice; and review period).
(j) The owner or operator of a source that submits a request for determination for:
(1) A plan approval application shall pay a fee equal to:
(i) Four hundred dollars for requests for determination filed during the 2010—2014 calendar years.
(ii) Five hundred dollars for requests for determination filed during the 2015—2019 calendar years.
(iii) Six hundred fifty dollars for requests for determination filed for the calendar years beginning in 2020.
(2) Both a plan approval under this section and an operating permit under § 127.703(e) (relating to operating permit fees under Subchapter F) shall pay one request for determination fee.
(k) The owner or operator of a source proposing to use a general plan approval under Subchapter H (relating to general plan approvals and operating permits) shall pay a fee that will not be greater than the fees established under this section. The Department will establish these fees at the time the general plan approval is issued and will publish the fees in the Pennsylvania Bulletin as provided in §§ 127.612 and 127.632.
§ 127.703. Operating permit fees under Subchapter F.
(a) Each applicant for an operating permit, which is not a Title V facility, shall, as part of the operating permit application and as required on an annual basis, submit the fees required [by] under this section to the Department. These fees apply to [the] an administrative amendment, extension, minor modification, revision, renewal [and], reissuance or transfer due to a change of ownership of each operating permit or part thereof.
(b) The fee for processing an application for an operating permit is:
(1) [Two hundred fifty dollars for applications filed during the 1995—1999 calendar years.
(2) Three hundred dollars for applications filed during the 2000—2004 calendar years.
(3)] Three hundred seventy-five dollars for applications filed [for] during the [calendar years beginning in] 2005—2009 calendar years.
(2) Five hundred dollars for applications filed during the 2010—2014 calendar years.
(3) Six hundred dollars for applications filed during the 2015—2019 calendar years.
(4) Eight hundred fifty dollars for applications filed for the calendar years beginning in 2020.
(c) The annual operating permit administration fee is[:] due on or before March 1 of each year for the current calendar year.
(1) [Two hundred fifty dollars for applications filed during the 1995—1999 calendar years.
(2) Three hundred dollars for applications filed during the 2000—2004 calendar years.
(3)] Three hundred seventy-five dollars for applications filed [during] for the [years beginning in] 2005—2009 calendar years.
(2) Five hundred dollars for the 2010—2014 calendar years.
(3) Six hundred dollars for the 2015—2019 calendar years.
(4) Seven hundred fifty dollars for the calendar years beginning in 2020.
(d) The Department may establish application fees for general operating permits and operating permits for sources operating at multiple temporary locations [which] that will not be greater than the fees established [by] under this section. These fees [shall] will be established at the time the operating permit is issued and will be published in the Pennsylvania Bulletin as provided in §§ 127.612 and 127.632 (relating to public notice; and review period).
(e) The owner or operator of a source that submits a request for determination for:
(1) An operating permit shall pay a fee equal to:
(i) Four hundred dollars for requests for determination filed during the 2010—2014 calendar years.
(ii) Five hundred dollars for requests for determination filed during the 2015—2019 calendar years.
(iii) Six hundred fifty dollars for requests for determination filed for the calendar years beginning in 2020.
(2) Both an operating permit under this section and a plan approval under § 127.702(j) (relating to plan approval fees) shall pay one request for determination fee.
(f) The owner or operator of a source proposing to use a general plan approval under Subchapter H (relating to general plan approvals and operating permits) shall pay a fee that will not be greater than the fees established under this section. The Department will establish these fees at the time the general plan approval is issued and will publish the fees in the Pennsylvania Bulletin as provided in §§ 127.612 and 127.632.
§ 127.704. Title V operating permit fees under Subchapter G.
(a) Each applicant for an operating permit, which is a Title V facility, shall, as part of the operating permit application and as required on an annual basis, submit the fees required [by] under this section to the Department. These fees apply to [the] an administrative amendment, extension, minor modification, revision, renewal [and], reissuance or transfer due to a change of ownership of each operating permit or part thereof.
(b) The fee for processing an application for an operating permit is:
(1) [Five hundred dollars for applications filed during the 1995—1999 calendar years.
(2) Six hundred fifteen dollars for applications during the 2000—2004 calendar years.
(3)] Seven hundred fifty dollars for applications filed during the [calendar years beginning in] 2005—2009 calendar years.
(2) Nine hundred dollars for applications filed during the 2010—2014 calendar years.
(3) One thousand one hundred dollars for applications filed during the 2015—2019 calendar years.
(4) One thousand five hundred dollars for applications filed for the calendar years beginning in 2020.
(c) The annual operating permit administration fee to be paid by a facility identified in subparagraph (iv) of the definition of a Title V facility in § 121.1 (relating to definitions) is:
(1) [Six hundred fifteen dollars for applications filed during the 2000—2004 calendar years.
(2)] Seven hundred fifty dollars for applications filed during the [years beginning in] 2005—2009 calendar years.
(2) Nine hundred dollars for applications filed during the 2010—2014 calendar years.
(3) One thousand one hundred dollars for applications filed during the 2015—2019 calendar years.
(4) One thousand three hundred dollars for applications filed for the calendar years beginning in 2020.
(d) The Department may establish application fees for general operating permits and operating permits for sources operating at multiple temporary locations [which] that will not be greater than the fees established [by] under this section. These fees [shall] will be established at the time the operating permit is issued and will be published in the Pennsylvania Bulletin as provided in §§ 127.612 and 127.632 (relating to public notice; and review period).
(e) The owner or operator of a source proposing to use a general plan approval under Subchapter H (relating to general plan approvals and operating permits) shall pay a fee that will not be greater than the fees established under this section. The Department will establish these fees at the time the general plan approval is issued and will publish the fees in the Pennsylvania Bulletin as provided in §§ 127.612 and 127.632.
§ 127.705. Emission fees.
(a) [The] Beginning January 1, 2010, the owner or operator of a Title V facility including Title V facilities located in Allegheny County and Philadelphia 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 [$37] $70 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. Sources located in Philadelphia County and Allegheny County shall pay the emission fee to the county program if the county Title V program has received approval under section 12 of the act (35 P. S. § 4012) and § 127.706 (relating to Philadelphia County and Allegheny County financial assistance).
(b) [From November 26, 1994, through 1999, the owner or operator of a phase I affected unit or an active substitution unit as defined by Title IV of the Clean Air Act (42 U.S.C.A. §§ 7641 and 7642) shall pay an annual emission fee of $14 per ton for each ton of a regulated pollutant actually emitted from the unit. 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. Sources located in Philadelphia County and Allegheny County shall pay the emission fee to the county program if the county Title V program has received approval under section 12 of the act (35 P. S. § 4012), and § 127.706. Beginning in the year 2000, sources covered by this subsection shall pay the fees established in subsection (a). The other provisions of this subsection notwithstanding, the owner or operator of a phase I affected unit or an active substitution unit as defined by Title IV of the Clean Air Act will not be required to pay more than $148,000 plus the increase established by subsection (e) for each regulated pollutant emitted from a Title V facility. Substitution units identified as conditional substitution units by the owner or operator shall pay the emission fee established by subsection (a).
(c)] 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 [1994] 2009 and for each calendar year thereafter.
[(d)] (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.
[(e)] (d) The emission fee imposed under subsection (a) shall be increased in each calendar year after [November 26, 1994] 2010, 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. For purposes of this subsection:
* * * * * § 127.708. Risk assessment.
(Editor's Note: The following section is new and printed in regular type to enhance readability.)
(a) Each applicant for a risk assessment shall, as part of the plan approval application, submit the application fee required by this section to the Department.
(b) The owner or operator of a source applying for a risk assessment that is inhalation only with a screening model shall pay a fee equal to:
(1) Five thousand dollars for applications filed during the 2010—2014 calendar years.
(2) Six thousand dollars for applications filed during the 2015—2019 calendar years.
(3) Seven thousand two hundred dollars for applications filed for the calendar years beginning in 2020.
(c) The owner or operator of a source applying for a risk assessment that is inhalation only for all other modeling shall pay a fee equal to:
(1) Nine thousand dollars for applications filed during the 2010—2014 calendar years.
(2) Eleven thousand dollars for applications filed during the 2015—2019 calendar years.
(3) Thirteen thousand dollars for applications filed for the calendar years beginning in 2020.
(d) The owner or operator of a source applying for a risk assessment that is multi-pathway shall pay a fee equal to:
(1) Ten thousand dollars for applications filed during the 2010—2014 calendar years.
(2) Twelve thousand dollars for applications filed during the 2015—2019 calendar years.
(3) Fourteen thousand five hundred dollars for applications filed for the calendar years beginning in 2020.
CHAPTER 139. SAMPLING AND TESTING (Editor's Note: The following §§ 139.201 and 139.202 are new and printed in regular type to enhance readability.)
Subchapter D. TESTING, AUDITING AND MONITORING FEES § 139.201. General provisions.
(a) This subchapter establishes fees for testing, auditing and monitoring activities that the Department undertakes to administer the requirements of the act or the Clean Air Act.
(b) The fees collected under this subchapter shall be made payable to the Pennsylvania Clean Air Fund and deposited into the Clean Air Fund established under section 9.2 of the act (35 P. S. § 4009.2).
(c) The Department will bill the applicant, owner or operator of an air contaminant source for the applicable testing, auditing or monitoring fees after the completion of the required testing, auditing or monitoring activity.
(d) The applicant, owner or operator shall submit payment for the testing, auditing or monitoring fee to the Department within 60 days of the billing date.
(e) At least every 5 years, the Department will provide the EQB with an evaluation of the fees in this subchapter and recommend regulatory changes to the EQB to address any disparity between the program income generated by the fees and the Department's cost of administering the air quality program with the objective of ensuring sufficient fees to meet all program costs.
§ 139.202. Schedule of testing, auditing and monitoring fees.
(a) For testing, auditing and monitoring activities performed by Department personnel for calendar years 2010—2014, the Department will assess a testing, auditing or monitoring fee on the applicant or permittee in accordance with the Schedule of Testing, Auditing and Monitoring Fees listed in Table I for the 2010—2014 calendar years.
(b) For testing, auditing and monitoring activities performed by Department personnel for calendar years 2015—2019, the Department will assess a testing, auditing or monitoring fee on the applicant or permittee in accordance with the Schedule of Testing, Auditing and Monitoring Fees listed in Table I for the 2015—2019 calendar years.
(c) For testing, auditing and monitoring activities performed by Department personnel for calendar years beginning with 2020, the Department will assess a testing, auditing or monitoring fee on the applicant or permittee in accordance with the Schedule of Testing, Auditing and Monitoring Fees listed in Table I for the calendar years beginning with 2020.
TABLE I
Schedule of Testing, Auditing and Monitoring Fees for
Activities Performed by Department PersonnelFee Amount Activity Fee Basis Calendar Years 2010—2014 2015—2019 2020+ (1) CEMS certification activities (i) CEMS phase 1 monitoring plan review, initial certification Base fee (includes one air contamination source): $1,500 $1,800 $2,200 Charge for each additional air contamination source: $500 $600 $700 Charge for each CEMS: $200 $240 $300 (ii) CEMS phase 1 monitoring plan review, recertification Base fee (includes one air contamination source): $750 $900 $1,100 Charge for each additional air contamination source: $250 $300 $360 Charge for each CEMS: $100 $120 $150 (iii) CEMS phase 3 certification test report review Base fee (for each submittal): $750 $900 $1,100 Charge for each CEMS: $200 $240 $300 (iv) CEMS test observation One day, per observer, maximum of two observers*: $675 $810 $1,000 Charge for each additional day, per observer, maximum of two observers*: $350 $420 $500 (2) CEMS test report review activities (not linked with a CEMS phase 1 certification application) (i) CEMS level 4 test protocol review Per submittal: $500 $600 $700 (ii) CEMS level 4 test report (RATA) review Base fee (for each submittal): $500 $600 $700 Charge for each CEMS: $150 $180 $200 (3) CEMS audit activities (i) CEMS level 1 quarterly report audit, initial submittal For each initial submittal, whichever is less: Per facility: $500 $600 $700 Per air contamination source: $200 $240 $300 Per CEMS: $100 $120 $150 (ii) CEMS level 1 quarterly report audit, resubmittal Per CEMS: $200 $240 $300 (iii) CEMS level 2 system inspection audit Per test program: $1,000 $1,200 $1,500 (iv) CEMS level 3 analyzer audit Per air contamination source: $1,000 $1,200 $1,500 Charge for each CEMS, per air contamination source: $200 $240 $300 (v) CEMS level 4 system audit Base fee per facility (includes one air contamination source): $2,500 $3,000 $3,600 For each additional air contamination source at same facility: $1,000 $1,200 $1,500 Lb/hr test, per air contamination source: $500 $600 $700 (4) Source testing activities (i) Source test protocol review Per protocol: $675 $810 $1,000 Review additional information, per request: $100 $120 $150 (ii) Trial burn source test protocol review Per protocol: $1,700 $2,040 $2,500 (iii) Source test report review Per air contamination source (as defined in the permit): $1,000 $1,200 $1,500 Review of additional test information, per air contamination source, per request: $300 $360 $450 (iv) Trial burn source test report review Per trial burn operating scenario: $3,050 $3,660 $4,400 (v) Source test observation** Per day, per observer, maximum of two observers*: $675 $810 $1,000 (vi) Department-
conducted source testPer pollutant or parameter per day, laboratory costs included: $3,000 $3,600 $4,400 *When more than one observer is required to conduct observation.
**A source test observation does not include visible emission observations that are not part of a Department test plan.
[Pa.B. Doc. No. 09-1927. Filed for public inspection October 16, 2009, 9:00 a.m.]
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