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PA Bulletin, Doc. No. 16-703


Clarification Concerning Emission Fees for Title V Facilities

[46 Pa.B. 2137]
[Saturday, April 23, 2016]

 The Environmental Quality Board (Board) promulgated at 43 Pa.B. 7268 (December 14, 2013) an Air Quality Title V Fee Amendment of $85 per ton for each ''regulated pollutant'' up to 4,000 tons of any regulated pollutant emitted from a Title V facility. The Board stated in the preamble that the ''final-form rulemaking does not establish a fee structure for carbon dioxide and other greenhouse gases (GHG) including hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons and sulfur hexafluoride.'' Moreover, section 6.3(c) of the Air Pollution Control Act (35 P.S. § 4006.3(c)) expressly provides that ''[i]n no case shall the amount of the permanent [emission] fee be more than that which is necessary to comply with section 502(b) of the Clean Air Act.''

 The Department of Environmental Protection (Department) announces that, until further notice, the Department will not collect the $85 per ton Title V emission fee (adjusted annually based on the Consumer Price Index) for the emission of greenhouse gases pollutants including carbon dioxide (CO2) from the owners and operators of Title V facilities. For Title V emission fee purposes, ''regulated pollutant'' means a volatile organic compound, each pollutant regulated under sections 111 and 112 of the Clean Air Act (CAA) (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. See section 502(b)(3)(B)(ii) of the CAA (42 U.S.C.A. § 7661a(b)(3)(B)(ii)), section 6.3(m) of the Air Pollution Control Act and 25 Pa. Code § 127.705(c) (relating to emission fees).

 The United States Environmental Protection Agency (EPA) published final Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units at 80 FR 64510 (October 23, 2015). This final rule establishes separate standards of performance for CO2 emissions from newly constructed, modified or reconstructed electric generating units under section 111(b) of the CAA. The EPA also promulgated the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (Clean Power Plan), under section 111(d) of the CAA, at 80 FR 64662 (October 23, 2015). Because of the EPA's promulgation of these rules under section 111 of the CAA, CO2 is considered a ''regulated pollutant'' for Title V emission fee purposes. These CAA Section 111 rules, however, are subject to numerous legal challenges, and implementation of the Clean Power Plan has been stayed by the United States Supreme Court.

 The Department is developing proposed amendments of the air quality fee provisions in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees) for the Board's consideration. It is the intention of the Department to address the regulation of CO2 emissions for Title V fee purposes during this rulemaking process if the October 2015 CAA Section 111 rules are upheld by the Federal appellate courts.

 Individuals with questions or who need additional information should contact Krishnan Ramamurthy, Division Chief, Bureau of Air Quality, (717) 783-9476 or


[Pa.B. Doc. No. 16-703. Filed for public inspection April 22, 2016, 9:00 a.m.]

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