Commonwealth of Pennsylvania

Department of Environmental Protection

State Implementation Plan Revision

Section 110(a)(2)(A)-(M) Requirements 

for Ozone and Fine Particulates

November 2007

Bureau of Air Quality

Pennsylvania Department of Environmental Protection

P.O. Box 8468

Harrisburg, PA 17105-8468

717-787-9495

www.depweb.state.pa.us

Kathleen A. McGinty

Secretary

Edward G. Rendell

Governor
blank for two sided copying
1

State Implementation Plan Revision

Section 110(a)(2)(A)-(M) Requirements for Ozone and Fine Particulates

A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and/or maintain the primary and 

secondary National Ambient Air Quality Standards (NAAQS). The SIP is a complex, fluid document containing regulations, 

source-specific requirements, non-regulatory items such as plans and inventories, and in some cases additional requirements 

promulgated by the U.S. Environmental Protection Agency (EPA). The initial SIPs for states were approved by on May 31, 1972. 

SIPs can be revised by the state with EPA approval as necessary. The federally enforceable SIP for Pennsylvania is compiled in 

40 CFR Part 52, Subpart NN. 

This SIP revision addresses those requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) that have not been 

addressed in other SIP revisions. It is a compilation of certain elements that describe how the Commonwealth of Pennsylvania 

will demonstrate how the eight-hour ozone and fine particulate (PM2.5) NAAQS are being implemented, maintained and enforced. 

The elements of this SIP revision, once approved by EPA, will provide a federally enforceable written confirmation of how the 

Commonwealth will continue to comply with the Section 110(a)(2) requirements of the CAA.

 

Legislative authority for the Pennsylvania air quality program relating to the responsibilities in the Clean Air Act is codified in the 

Pennsylvania Air Pollution Control Act, 35 P.S. §§ 4001 – 4015 (APCA), including in section 4 of the APCA, which gives the 

Pennsylvania Department of Environmental Protection (DEP or Department) the power and duty to implement the provisions of 

the CAA in the Commonwealth. 35 P.S. § 4004(1).

Those requirements of Section 110(a)(2)(A)-(M) that are already in the approved SIP or recently submitted SIP revisions relate 

to: enforceable emission limits and schedules for compliance; monitoring, source testing and emissions reporting; recordkeeping

and reporting requirements; and permit fees. Some requirements, such as those for intergovernmental consultation, air quality 

modeling and compliance with part D of the CAA, are fulfilled during the development and submission to EPA as a SIP revision 

of attainment plans and related requirements due under subpart 1 and, in the case of ozone, subpart 2 of the CAA. 
2

In the case of ozone, Pennsylvania submitted the ozone attainment demonstration for the Philadelphia-Wilmington-Atlantic City

moderate nonattainment area on August 29, 2007. Pennsylvania submitted redesignation requests and maintenance plan SIP 

revisions for the 16 other ozone nonattainment areas in the Commonwealth, as follows:

AREA SUBMITTED

Lancaster County 9/20/06

Tioga County 9/28/06

Franklin County 12/14/06

Reading 1/25/07

Greene County 1/25/07

Johnstown 2/8/07

Altoona 3/30/07

Harrisburg-Lebanon-Carlisle 3/27/07

Youngstown-Warren-Sharon (Mercer County, PA) 3/27/07

Erie County 5/4/07

Pittsburgh-Beaver Valley 5/4/07

Scranton-Wilkes-Barre 6/12/07

State College 6/12/07

York 6/14/07

Clearfield-Indiana 6/14/07

Allentown-Bethlehem-Easton 6/26/07

Requirements for a public comment process are set forth in Section 110(a)(2) of the CAA and 40 CFR 51.102(d). DEP held a 

public hearing to receive comments on this proposed SIP revision on Tuesday, October 16, 2007, at 1 p.m. at the DEP 

Southcentral Regional Office, 909 Elmerton Avenue, Susquehanna Room A, Harrisburg, PA 17110. The comment period ended 

at the close of business on Tuesday, October 16, 2007. No comments were received. 
3

Section

110(a) 

element

Each implementation plan 

submitted by a State under this 

Act shall:

Pennsylvania Implementation

§110(a)(2)(B) provide for establishment and 

operation of appropriate devices, 

methods, systems, and 

procedures necessary to monitor, 

compile, and analyze data on 

ambient air quality, and upon 

request, make such data 

available to the Administrator; 

Section 4(17) of the APCA, 35 P.S. § 4004, provides the authority for DEP to “determine by 

means of field studies and sampling the degree of air pollution existing in any part of the 

Commonwealth.” DEP establishes, operates, and maintains a network of ambient air monitors 

throughout Pennsylvania, excluding Philadelphia and Allegheny Counties. Philadelphia Air 

Management Services (AMS) operates its monitoring network as a Pennsylvania approved 

program under the “Agreement for Implementation of the Philadelphia County Air Pollution 

Control Program,” dated July 1, 1998. The Allegheny County Health Department (ACHD) 

operates its monitoring network as a Pennsylvania approved program under the “Agreement for 

Implementation of the Allegheny County Air Pollution Control Program,” dated October 31, 

1998. These agreements address data collection, data access and reporting and will be 

provided to EPA as supplemental material. 

The Pennsylvania network consists only of monitors that have been designated by EPA as 

either Reference or Equivalent monitors. All ambient air monitors are subjected to the Quality 

Assurance requirements of 40 CFR Part 58, Appendix A. In addition, all samplers are located 

at sites that have met the minimum siting requirements of Part 58, Appendix E.

In order to keep EPA informed of changes to the sampling network, DEP and the local air 

agencies provide EPA Region III with prior notification of any planned changes to the network. 

As needed, details of these changes and anticipated approvals of the changes are 

communicated to EPA. On an annual basis, DEP sends EPA a summary table of all the 

changes to the network. This summary also provides for a description of each change, the 

reason for each change, and any other information relevant to the change.

DEP and the local agencies collect and report to EPA all ambient air quality data for SO2, CO, 

O3, NO2, PB, PM10, and PM2.5. The reports comply with the federal requirements of 40 CFR 

58.35. As necessary, the submitted data is reviewed, edited, validated, and entered into the 

EPA air quality system (AQS) for updating pursuant to prescribed AQS procedures. The EPA 

AQS receives each report within 90 days after the end of the quarterly reporting period. 

DEP analyzes such air quality data (including data from the local agencies) to determine 

attainment status or progress, as demonstrated by the redesignation requests submitted and/or 

approved during calendar years 2006 and 2007 as well as the Commonwealth’s 

August 29, 2007 attainment demonstration SIP revision submittal. 
4

Section

110(a) 

element

Each implementation plan 

submitted by a State under this 

Act shall:

Pennsylvania Implementation

§110(a)(2)(C) include a program to provide for the 

enforcement of the measures 

described in subparagraph (A) and 

regulation of the modification and 

construction of any stationary 

source within the areas covered by 

the plan as necessary to assure that 

national ambient air quality 

standards are achieved, including a 

permit program as required in parts 

C and D;

Sections 4 and 8 of the APCA, 35 P.S. §§ 4004 and 4008, provide adequate authority for DEP to 

enforce appropriate limitations and other control measures. Section 6.1(k) of the APCA, 35 P.S. 

§ 4006.1(k), provides that DEP shall require revisions to any permit to incorporate applicable 

standards and regulations promulgated under the Clean Air Act after issuance of a Title V 

permit. 

Section 9.1 of the APCA, 35 P.S. § 4009.1, provides that DEP may assess civil penalties for 

violations of the APCA, regulations adopted under the APCA, Department orders or terms, and 

conditions of plan approvals and operating permits. Additionally, Section 7.1 of the APCA, 35 

P.S. § 4007.1, authorizes DEP to withhold plan approvals, state operating permits, or Title V 

permits where an applicant or related party has shown a lack of ability or intention to comply with 

the APCA. 

Furthermore, the 16 maintenance plans for the 8-hour ozone NAAQS submitted by the 

Commonwealth, as well as the Philadelphia attainment demonstration SIP revision, include 

enforceable emissions limits, control measures, fees and compliance schedules by describing 

regulations upon which the plans rely.

The Commonwealth’s enforceable emission limitations and other control measures are covered 

in those provisions of the APCA and Pennsylvania Code, Title 25, Environmental Protection, 

Article III, Chapters 121-145 (25 Pa. Code Chs. 121-145); Title 67, Chapters 175 – 177 that are 

listed in 40 CFR §52.2020(c)(1); ACHD Regulations, Parts A through I to Articles XX and XXI 

that are listed in 40 CFR 52.2020(c)(2); Philadelphia Title 3 Air Management Code and 

Philadelphia AMS Regulations I, II, III, IV, V, VII, VIII, XI, and XIII that are listed in 40 CFR 

52.2020(c)(3); and source specific provisions codified at 40 CFR 52.2020(d)(1). 

Elements of the program for enforcement are found in the monitoring, recordkeeping and 

reporting requirements for sources in these control measures as well as those provisions of: 25 

Pa. Code Chapter 127, subchapters D and E that are listed in 40 CFR 52.2020(c)(1); those 

provisions of ACHD Regulations, Parts H and I to Articles XX and XXI that are listed in 40 CFR 

52.2020(c)(2); and those provisions of the Philadelphia Title 3 Air Management Code and 

Philadelphia AMS Regulation I that are listed in 40 CFR 52.2020(c)(3).
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Section

110(a) 

element

Each implementation plan 

submitted by a State under this 

Act shall:

Pennsylvania Implementation

§110(a)(2)(E)(i) provide 

 (i) necessary assurances that the 

state (or, except where the 

Administrator deems inappropriate, 

the general purpose local 

government or governments, or a 

regional agency designated by the 

state or general purpose local 

governments for such purpose) will 

have adequate personnel, funding, 

and authority under state (and, as 

appropriate, local) law to carry out 

such implementation plan (and is 

not prohibited by any provision of 

federal or state law from carrying 

out such implementation plan or 

portion thereof);

State Agency Legal Authority: The Commonwealth’s enforceable emission limitations and 

other control measures are covered in the APCA and those provisions of Pennsylvania Code 

Title 25, Environmental Protection, Article III, Chapters 121-145 (25 Pa. Code Chs. 121-145) 

and Title 67, Chapters 175-177 that are listed in 40 CFR § 52.2020(c)(1); those provisions of 

ACHD Regulations, Parts A through I to Articles XX and XXI that are listed in 40 CFR 

§52.2020(c)(2); those provisions of Philadelphia Title 3 Air Management Code and Philadelphia 

AMS Regulations I, II, III, IV, V, VII, VIII, XI, and XIII that are listed in 40 CFR 52.2020(c)(3); and 

source specific provisions codified at 40 CFR 52.2020(d)(1). The regulations in the 

Pennsylvania Code are duly adopted by the Environmental Quality Board. Those adopted by 

the local air agencies, namely ACHD and Philadelphia AMS, are duly adopted by the county 

Board of Health, enacted by the County Council and approved by the Chief Executive and the 

Air Pollution Control Board, respectively, pursuant to section 12 of the APCA (35 P.S. § 4012). 

Where these provisions relate to section 110 requirements, SIP revisions have been submitted 

to and approved by EPA. EPA-approved SIP revisions are codified at 40 CFR part 52, subpart 

NN. The Commonwealth has an EPA-approved air permitting program for both major and 

minor facilities, which ensures that all applicable requirements are included in the facility permit. 

Local Agency Legal Authority: Section 12 of APCA (35 P.S. § 4012) establishes the ability of 

the two pre-existing local air agencies to continue to operate their own programs. Authority for 

AMS is provided by Title 3, Air Management Code and for ACHD by Article XXI and County 

Ordinance 16782 

State Revenue: Section 6.3 of APCA (35 P.S. § 4006.3) authorizes the Department to 

establish fees sufficient to cover the indirect and direct costs of administering the plan approval 

and operating permit program including Title V and costs of administering certain committees. 

25 Pa. Code §127.701 as is currently approved in the SIP establishes fees to cover the direct 

and indirect costs of administering the air pollution control planning process, operating permit 

program, certain committee operation and to support the air pollution control program 

authorized by state statute. The APCA also authorizes the establishment of fees to cover nonTitle V costs. The air quality program also receives revenue from fines and penalties (Clean Air 

Fund) and federal funds under Section 105 and 103 of the CAA. 
6

Section

110(a) 

element

Each implementation plan 

submitted by a State under this 

Act shall:

Pennsylvania Implementation

§110(a)(2)(E)(i)

(continued)

(continued)

Act, special federal funds for PM2.5, and state general appropriations. 

Local Revenue: The local agencies receive Section 105 and 103 funds directly from EPA, 

have their own authority to collect Title V and other fees, and also receive revenue from fines 

and penalties that are restricted for air quality program purposes.

 

State Staffing: DEP believes that Pennsylvania has adequate personnel to carry out the SIP 

with respect to 8-hour ozone and PM2.5 NAAQS requirements. Should EPA determine that the 

DEP lacks adequate personnel to carry out the SIP, EPA may issue a finding with respect to 

that deficiency, which DEP would have a legal obligation to correct. 

DEP’s agreements with ACHD and AMS (referenced above) assure that these local agencies 

similarly have the personnel, funding and authority to carry out their respective obligations under 

the SIP.

§110(a)(2)(E)(iii) (iii) necessary assurances that, 

where the state has relied on a 

local or regional government, 

agency, or instrumentality for the 

implementation of any plan 

provision, the state has 

responsibility for ensuring 

adequate implementation of such 

plan provision;

Section 12 of the APCA reserved powers to political subdivisions to enact air pollution control 

ordinances, which are not less stringent than the requirements of the Clean Air Act, APCA, and 

regulations adopted under the acts. The APCA authorizes only two local air pollution control 

programs in the Commonwealth, which are administered by the Philadelphia AMS and the 

ACHD. DEP maintains agreements with the two local air agencies that DEP relies on for 

implementation of the SIP in Allegheny and Philadelphia counties. DEP has approved the local 

programs in the areas of financial assistance, annual workload projection, emissions reporting, 

source monitoring and reporting, enforcement, ambient air monitoring and reporting, and air 

quality permitting. The Department has responsibility for ensuring adequate implementation of 

SIP provisions by local authorities under section 12 of the APCA, 35 P.S. § 4012. The 

submission of a description of the implementation of the local air pollution control program along 

with a detailed accounting of the costs of implementation is required on an annual basis. 
7

Section

110(a) 

element

Each implementation plan 

submitted by a State under this 

Act shall:

Pennsylvania Implementation

§110(a)(2)(F) require, as may be prescribed by the 

Administrator—

 (i) the installation, maintenance, 

and replacement of equipment, and 

the implementation of other 

necessary steps by owners or 

operators of stationary sources to 

monitor emissions from such 

sources, 

 (ii) periodic reports on the nature 

and amounts of emissions and 

emissions-related data from such 

sources, and

 (iii) correlation of such reports by 

the state agency with any emission 

limitations or standards established 

pursuant to this Act, which reports 

shall be available at reasonable 

times for public inspection; 

Requirements of §110(a)(2)(F)(i) and (ii) are already addressed in the approved SIP. The 

Commonwealth has the responsibility of making all records, reports or information obtained by 

the Department or referred to at public hearings under the provisions of the APCA available to 

the public, except to the extent the records, reports or information are protected by 

confidentiality pursuant to APCA section 13.2, 35 P.S. § 4013.2. The types of records DEP 

routinely provides access to include notifications, inspection reports, notices of violation, 

enforcement orders, applications, permit review letters, sample results, monitoring reports, 

permits, approvals and denials that would relate to §110(a)(2)(F). DEP generally makes 

information available for public access through its website, but also makes hard copy reports 

available upon written request.

§110(a)(2)(G) provide for authority comparable to 

that in section 303 and adequate 

contingency plans to implement 

such authority;

Enabling authority for “Emergency Powers” is contained in Sections 5(5) and 6.2 of the APCA 

(35 P.S. §§ 4005(5) and 4006.2). The EQB has adopted 25 Pa. Code Chapter 137, ACHD has 

adopted Part F to Article XX/XXI and Philadelphia AMS has adopted Regulation IV, all of which 

cover air pollution episodes and the occurrence of an emergency due to the effects of pollutants 

on the health of persons. 25 Pa. Code Chapter 137, Part F to Article XX/XXI and Philadelphia 

AMS Regulation IV were approved into the SIP on May 31, 1972 (37 FR 10842), June 16, 1993 

(58 FR 33203), June 12, 1998 (63 FR 32126), June 11, 2002 (67 FR 39854), and November 14, 

2002 (67 FR 68935).
8

Section

110(a) 

element

Each implementation plan

submitted by a State under this 

Act shall:

Pennsylvania Implementation

§110(a)(2)(H) provide for revision of such plan—

 (i) from time to time as may be 

necessary to take account of 

revisions of such national primary 

or secondary ambient air quality

standard or the availability of 

improved or more expeditious 

methods of attaining such 

standard, and 

 (iii) except as provided in 

paragraph (3)(C), whenever the 

Administrator finds on the basis of 

information available to the 

Administrator that the plan is 

substantially inadequate to attain 

the national ambient air quality 

standard which it implements, or 

to otherwise comply with any 

additional requirements 

established under this Act; 

Section 4(1) of the APCA, 35 P.S. § 4004(1), gives the Department the authority and duty to 

implement the provisions of the CAA. Section 5 of the APCA, 35 P.S. § 4005, gives the 

Environmental Quality Board the authority to adopt rules and regulations for the prevention, 

control, reduction and abatement of air pollution. In addition, 25 Pa. Code Chapter 122 adopts 

the federal NAAQS by reference. The Department has revised and will continue to revise the 

SIP as may be necessary when EPA revises the primary or secondary NAAQS and when, if 

ever, EPA finds the SIP is substantially inadequate to attain the NAAQS which it implements or 

otherwise to comply with the CAA. The Department has revised and will continue to revise the 

SIP to take advantage of improved or more expeditious methods to attain the NAAQS. 

§110(a)(2)(J)

and

§110(a)(2)(M)

(participation)

meet the applicable requirements of 

section 121 (relating to consultation) 

and section 127 (relating to public 

notification), provide for consultation 

and participation by local political 

subdivisions affected by the plan;

The APCA provides adequate authority for DEP’s practices of consultation and participation in 

SIPs, as required under CAA Sections 121 and 127 and notification of NAAQS violations as 

required in CAA Section 127. It also provides authority for the public education efforts described 

in CAA Section 127.Section 4 of APCA, 35 P.S. § 4004, provides general enabling authority for 

interaction with the public and local government.

DEP makes real-time and historical air quality information available on its Web site. In the four 

areas where violations have been most common in the past, DEP has formed, funded, and 

provided technical resources to Air Quality Partnerships. The Partnerships receive forecasts of 

potentially unhealthy air quality (including, but not limited to, violations of the NAAQS), and 

encourage specific actions, which can be taken to prevent standards from being exceeded.