AGREEMENT FOR IMPLEMENTATION OF 

THE PHlLADELPHIA COUNTY 

AIR POLLUTION CONTROL PROGRAM 

THIS AGREEMENT is made this day of 2010, by and 

between the Commonwealth of Pennsylvania, Department of Environmental Protection 

(hereinafter called DEP or the Department) and the City of Philadelphia Department of 

Public Health (hereinafter called Philadelphia County). 

WHEREAS, DEP is authorized under Section 4(1) of the Act ofJanuary 8, 1960 

(P.L.(1959) 2119), as amended, known as the Air Pollution Control Act (hereinafter 

called the APCA) (35 P.S. §4004(1» to implement the provisions of the Clean Air Act 

(42 U.S.C. §7401- 7671) in the Commonwealth; and, 

WHEREAS, DEP is authorized under Section 4(18) of the APCA (35 P.S. 

§4004(18» to prepare and develop a general comprehensive plan for the control and 

abatement of existing air pollution and air contamination and for the abatement, control 

and prevention of any new air pollution and air contamination, recognizing varying 

requirements for the different areas of the Commonwealth and to submit a comprehensive 

plan to the Environmental Quality Board (EQB) for its consideration and approval; and, 

WHEREAS, the EQB promulgated regulations at 25 Pa. Code Article ill Air 

Resources to implement the provisions of the Clean Air Act and to control and abate air 

pollution and air contamination; and, 

WHEREAS, under Section 12(b) of the APCA (35 P.S. §4012(b», the 

administrative procedures for the abatement, reduction, prevention and control of air 

pollution set forth in the APCA shall not apply to any county ofthe first class of the 

Commonwealth which has and implements an air pollution control program that, at a 

minimum, meets the requirements of the APCA, the Clean Air Act and the rules and 

regulations promulgated under the APCA and the Clean Air Act; and, 

WHEREAS 25 Pa. Code § 127. 706 establishes a financial assistance program for 

Philadelphia County and requires submission of the Philadelphia County program to the 

DEP for review and approval; and, 

WHEREAS, Philadelphia County has developed and implemented an air quality 

program to meet the requirements of the Clean Air Act and the Air Pollution Control Act 

and has previously received delegation from the Environmental Protection Agency 

(hereinafter EPA) for implementation of National Emission Standards for Hazardous Air 

Pollutants, New Source Performance Standards, Prevention of Significant Deterioration 

and New Source Review Programs, and has operated as a Pennsylvania approved 

program. ' 

1 
NOW TIIEREFORE, the parties hereto intending to be legally bound hereby agree as 

follows: 

I. GENERAL CONDmONS 

a. The Department hereby approves the Philadelphia County Air Pollution 

Control Program (philadelphia County Program) under Section 12(b) of the APCA (35 

P.S. §4012(b». 

b. Philadelphia County will implement the Philadelphia County Air Pollution 

Control Program in a manner consistent with the Program Description and 

Implementation Plan attached hereto and incorporated herein as Attachments A and B 

respectively along with any amendments agreed to by the parties. Changes to the 

Program Description and Implementation Plan may be made by the parties without the 

need to amend this Agreement. 

c. Philadelphia County shall implement regulatory requirements, promulgated by 

the Department applicable to Philadelphia County. Philadelphia County shall also 

promulgate regulations to implement regulations promulgated by the Department. 

Philadelphia County will describe the process and timing for implementation of these 

regulations in the Annual Workload Projection prepared as required in the 

Implementation Plan. 

d. Any provision to the contrary notwithstanding, Philadelphia County shall 

assist in implementing emission trading programs adopted in 25 Pa. Code Chapter145 

. (relating to interstate pollution transport reduction). The Department will retain 

responsibility for allocating allowances under Chapter 145. Philadelphia County and the 

Department shall discuss implementation ofEP A adopted trading programs, as necessary. 

e. The requirements for notification, enforcement and program suspension or 

rescission are contained in Section 12(c), (d), (e) and (f) of the APCA (35 P.S. §4012(c), 

(d), (e) and (f). 

f The Department shall have access to and the right to examine and copy any 

pertinent books, documents, letters, reports or records related to the Philadelphia County 

Program. 

g. Under 25 Pa. Code § 127 . 706(b), no later than April 30 of each year, 

Philadelphia County shall submit to DEP a description of the implementation ofthe local 

air pollution control program during the current year as described in the Implementation 

Plan, including the Title V operating permit program in the county along with a detailed 

accounting of the costs of implementation. 

h. Philadelphia County will submit to DEP the information required by the 

Implementation Plan attached hereto and incorporated herein as Attachment B. 

2 
i. Philadelphia County will, during a period of time agreeable to both 

Philadelphia County and the Department, work with the Department to establish a 

procedure to provide Philadelphia County's stationary point source information to the 

Department's Air Information Management System through the exchange of data. The 

Department agrees to provide training and the necessary support to Philadelphia County 

as needed. 

j. Until a Title V Operating Permits Program Implementation Agreement is 

executed by Philadelphia County, the Department and the U.S. Environmental 

Protection Agency, Philadelphia County agrees to implement the requirements of the 

Title V Operating Permits Program Implementation Agreement executed by the 

Department and EPA applicable in the Philadelphia County area to the extent that 

Philadelphia County is authorized to implement that agreement. 

k. Philadelphia County will register and participate in DEP training regarding 

regulations, guidance, inspection procedures or other matters relevant to the Title V 

operating permit program. 

IT. FINANCIAL ASSISTANCE 

a. The Department may provide payment of a portion of the Title V emission fees 

collected by the Department as necessary, appropriate and available to assist Philadelphia 

County in implementation of the Title V operating permit program in the county. 

b. The Department may withhold this financial assistance if Philadelphia County 

has not implemented the Title V program in the manner substantially required by this 

agreement. 

c. Philadelphia County will use this financial assistance only to cover the 

reasonable direct and indirect costs of administering the operating permit program 

required by Title V of the Clean Air Act. 

d. Philadelphia County shall deposit all Title V fees collected by the county and 

all financial assistance provided by the Department into a restricted account established 

by Philadelphia County to implement the Title V program. All interest earned on account 

funds shall be paid to the restricted account in a manner consistent with procedures 

established by the City of Philadelphia Grants Accounting Unit and attached hereto and 

incorporated herein as Attachment D. 

e. Philadelphia County agrees to designate a financial assistance officer who, on 

its behalf, shall be the primary contact with the Department for issues related to financial 

assistance during the duration ofthis Agreement. 

f Payment provisions. 

1. An Application for Available Funds (hereinafter Application)shaU be 

in writing on a form approved by the Department. The Application shall be received by 

3 
the deadline established by the Department. The Application shall include a budget 

outlining anticipated expenses. 

2. The approved Application for the first agreement year is attached to 

and made a part of this agreement as Attachment C. Applications and budgets for 

subsequent contract years shall be submitted by Philadelphia County for review and 

approval by the Department on or before March 31st without the need to amend this 

agreement. 

3. Claims for payment must be submitted to the Department within thirty 

(30) days of the end of each quarter except for the final quarter. Such claim wiII be 

submitted no later than 100 days after the end of each agreement year. The days for 

claims submittal are October 30, January 30, April 30, and October 8. Payment for 

approved expenditures shall be made by the Department as soon as reasonably possible. 

The first claim for payment for the first agreement year will be for July 2010 through 

December 2010 and wiIl be submitted upon execution of this agreement. 

4. The Department may suspend claim processing until receipt of required 

reports or the substantial completion of all conditions of this agreement. 

5. Philadelphia County shall have discretionary authority to spend the 

funds made available by this Agreement for the work performed, with allowance for 

deviation of the amounts allocated to the budget categories so long as the total budget 

amount is not exceeded. However, DEP shall be informed prior to any such deviation 

and shall have the right to approve/disapprove any reallocation greater than 10% of the 

total annual amount in any year. 

6. Except as otherwise provided in Section n, the Department shall 

provide financial assistance to Philadelphia County in the quarterly amounts approved by 

the Department in the budget of each annual Application. 

7. Upon request by the County, the Department may increase the financial 

assistance for each agreement year. To be valid, any request to increase the funding for a 

agreement year must be in writing and approved by the DEP Deputy Secretary of Air, 

Recycling, and Radiation Protection, DEP Agency Attomey, and the DEP Comptroller. 

Without the duly authorized funding increase, the DEP obligation to Philadelphia County 

shall not exceed the authorized funding previously approved according to the approved 

application for each annual agreement period. 

g. Audit. 

1. Philadelphia County agrees to account for all Title V fees and financial 

assistance funds using invoices, subcontracts, time reports and employee expense reports 

and to keep separate, appropriate books and records that will establish the receipt and 

expenditure of all Title V fees and Financial Assistance. Such records shall be retained 

4 
and made available for audit for a period of three (3) years after final payment is made 

and all pending matters are resolved. 

2. Philadelphia County shall on an annual basis submit to the Department 

a financial audit, in accordance with the "Single Audit" report issued by the Finance 

Department and performed by the County's Controller's office. 

3. The audit shall be submitted each year on the "Single Audit" 

submission date as required by federal regulations. 

5 
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first 

above written. 

ATTESTIWITNESS: 

APPROVED AS TO FORM 

SHELLEY R.SMITH 

CITY SOLICITOR 

Patrick K. 0 'Neill 

Divisional Deputy City Solicitor 

Date:-,-I_U-lf,-,-f+/-,,~,--O-,-(_f) __ _ 

COMMONWEALTH OF PENNSYLVANIA 

DEPARTMENT OF ENVIRONMENTAL 

PRO TION 

enneth R. ReIsinger, lng Deputy Secretary for 

aste, Air and Radiation Management 

CITY AND COUNTY OF 

PHILADELPHIA 

DEPARTMENT OF PUBLIC HEALTH 

Donald F. Sc wa z, MD, MPH 

Deputy May , ealth & Opportunity 

Health Commissioner 

Date: pj;a 

Federal Tax Identification 

Number: 23-6405285 

Vendor #: 07Qqo ,?~--:():-:O"'3'--

... " ........•.....••..• ".2'i'~.'; .• ·",ii.,,,f.~.,·~.:.""':"<""~."i.·"":project dates: July 1, 2010 - June 30,2011 

I hereby approve this agreement and certity that funds in the amount of 

$700,000 are available under Appropriation 

6600400-3522709000-3527027654-2007710000 
PHILADELPHIA DEPARTMENT OF PUBLIC HEALTH 

PUBLIC HEALTH SERVICES DIVISION 

AIR MANAGEMENT SERVICES 

ATTACHMENT A 

PROGRAM DESCRIPTION 

I. Program Authority and Responsibility .................................................. 1 

II. Public Services ................................................................•........................ 1 

III. Program Organization ............................................................................. 2 

IV. Program Support Services ...................................................................... 2 

A. Administrative Services ..................................................................... 2 

B. Program Services ............................................................................... 2 

V. Program. Operations ................................................................................. 3 

A. Regulatory Services ........................................................................... 3 

B. Technical Services .............................................................................. 5 

VI. Program Resources ................................................................................. 7 

A. Program Service Locations ............................................................... 7 

B. Program Budget and Staffing ............................................................ 7 

I. Program Authority and Responsibility 

The Air Management Services (AMS) component of the Philadelphia Department of 

Public Health is the local air pollution control agency for the City and County of Philadelphia, 

AMS programs are conducted under authority provided by the Philadelphia Home Rule Charter, 

Philadelphia Code, the Pennsylvania Air Pollution Control Act, and the federal Clean Air Act. 

AMS is responsible for the prevention, abatement and control of air pollution and air pollution 

nuisances, as required to achieve and maintain federal national ambient air quality standards 

(NAAQS) within Philadelphia, AMS is also responsible for the control of airborne asbestos from 

building renovation and demolition projects, and for the abatement of community noise and 

vibration nuisances, 

II. Public Services 

AMS services to the public include review and evaluation of plans for proposed new and 

modified sources of air contaminant emissions; issuance of facility operating permits for 

approved sources; conducting facility compliance inspections, including source testing and the 

taking of samples; responding to community complaints of air pollution and odors; citing 

violations where observed; and initiating timely and appropriate enforcement actions to resolve 

violations. AMS also operates a citywide air monitoring network that continuously samples 

Philadelphia's air quality for compliance with federal standards, and provides daily information 

on air quality to the public through the media, AMS enforces community noise and vibration 

standards by responding to citizen complaints; conducting noise and vibration measurements; 

citing observed violations of noise and vibration standards; working with affected parties to 

1 
resolve noise and vibration problems; and initiating appropriate enforcement action as 

required. AMS activities to control the public's exposure to asbestos include review of 

applications and notifications for proposed asbestos abatement projects; issuance of permits for 

approved projects; conducting inspections at project work sites; responding to public inquiries 

and complaints regarding asbestos; citing violations of applicable standards and work practices; 

and taking appropriate enforcement actions. AMS also reviews license and certification 

applications for asbestos contractors, asbestos project inspectors, asbestos investigators, 

and analytical laboratories, and conducts audits at project work sites to monitor compliance 

with the state's asbestos worker certification requirements. 

III. Program Organization 

Organizationally, AMS is comprised of two central support groups, Administrative 

Services and Program Services, and two operating groups, Regulatory Services and 

Technical Services, each reporting to the AMS Program Director. The composition and 

function of each organizational group is described below. 

IV. Program Support Services 

A. Administrative Services 

The Administrative Services group is responsible for providing centralized 

administrative and organizational support related to the development, allocation and 

management of agency funding, personnel, and other program resources. Administrative 

Services provides oversight and coordination of certain decentralized administrative support 

functions associated with agency operating units. Areas of responsibility include 

implementation of administrative policies and procedures; budget and revenues management; 

contracts and grants management; facilities and fleet management; personnel management; 

organizational development and workforce planning; training coordination; and program 

activity and service level tracking and reporting. Administrative Services also provides 

administrative and executive support to the operation of the city's Air Pollution Control 

Board. 

B. Program Services 

The Program Services group is responsible for providing centralized support related 

to the development and implementation of the AMS program, to ensure that its functions 

and operations are maintained consistent with, and responsive to, needs and demands 

imposed by federal and state requirements, regional initiatives, and local government and 

community concerns. A significant part of Program Services' support role involves the 

establishment of appropriate operations management and information systems necessary 

to the effective functioning of the AMS program. Areas of responsibility include agency 

strategic planning; inter- and intra-agency program coordination and integration; 

preparation and processing of revisions to the Philadelphia-portion of the Pennsylvania State 

Implementation Plan (SIP) for Air Quality; management of emission inventory and facility 

compliance databases; mobile source emissions and related transportation project 

2 
assessments; air quality simulation modeling; and development and preparation of annual air 

quality reports and other agency public outreach materials. The Program Services group is 

also responsible for maintaining and upgrading the hardware and software components of 

the AMS local area network (LAN) computer system; identifying and prioritizing agency 

information system needs and related database program development; and for assuring 

adequate end-user training and support in the use of hardware and software. Program Services 

serves as a technical and informational resource to the city's Air Pollution Control Board. 

V. Program Operations 

A. Regulatory Services 

The AMS Regulatory Services group is responsible for implementation and 

enforcement of all applicable local, state and federal regulatory requirements pertaining to the 

prevention and control of air pollution, asbestos contamination, and noise and vibration 

nuisances within the City of Philadelphia. The Regulatory Services group is comprised of 

three sections: Source Registration (Permitting), Facility Compliance and Enforcement, and 

Asbestos Control. 

1. Source Registration 

Source Registration is responsible for the review and approval/disapproval of 

applications for installation, modification and operation of sources of air contaminant 

emissions within the City of Philadelphia. Source Registration activities include review of 

applications pertaining to: installation permits and operating licenses, as required under the 

Philadelphia Code; plan approvals and operating permits, as required under 25 Pa. Code 

Chapter 127; and Title V, Prevention of Significant Deterioration (PSD), New Source Review 

(NSR), New Source Performance Standards (NSPS) and National Emission Standards for 

Hazardous Air Pollutants (NESHAP) permits, as required under the federal Clean Air Act. 

State and federal permit requirements are administered and enforced locally pursuant to state and 

federal delegations of authority made to the City of Philadelphia. Source Registration is also 

responsible for issuance of source or facility permit and license approval documents, as 

well as for conducting appropriate public notification and public involvement activities as may 

pertain to applications under review, including the holding of public and administrative 

hearings, and the preparation of responses to comments received from the public. To minimize 

redundancy and paperwork burdens, Source Registration attempts, wherever possible, to 

consolidate local permit requirements with any state/federal permit requirements that may 

apply to a source or facility within Philadelphia. Source Registration is also responsible for 

activities related to the stack testing of emission units and Continuous Emission Monitoring 

Systems (CEMS). Stack testing activities include reviewing and approving test protocols, 

observing stack tests, and reviewing stack test reports. CEMS activities include reviewing 

and approving Phase I applications for the installation of new CEMS, observing parts of the 

Phase II performance testing for new CEMS, and reviewing Phase III CEMS performance 

test reports. Stack tests and CEMS must comply with 25 Pa. Code Chapter 139, the 

Pennsylvania Source Test Manual, and the Pennsylvania Continuous Monitoring Manual as 

well as any applicable EPA reference methods and performance specifications. 

3 
2. Facility Compliance and Enforcement 

Facility Compliance and Enforcement is responsible for implementation of local, state 

and federal regulatory requirements applicable to sources and facilities within Philadelphia; 

conducting compliance assurance inspections at permitted facilities; maintaining 

citywide surveillance and responding to citizen complaints regarding air pollution, noise and 

vibration nuisances; and for pursuing appropriate enforcement actions to resolve violations, 

including entering into compliance agreements, filing for court-ordered consent decrees, and 

seeking injunctive actions in cases posing imminent endangerment to public health. 

The Compliance Assurance unit, through its engineering staff, is responsible for 

monitoring source and facility compliance with regulatory and operating permit 

requirements; preparing documentation for issuance of formal notices of violation (NOV) for 

verified non-compliance; identifying "significant violators" for resolution in accordance with 

U.S. EPA's Compliance Monitoring Strategy (CMS) and guidance; performing data collection 

and validation activities for maintenance of the air emissions inventory for Philadelphia; and 

providing appropriate information for uploading to the U.S. EPA's Air Information 

Retrieval (AIRS) facility compliance data system. Compliance evaluation techniques 

utilized include conducting facility inspections, reviewing and auditing facility compliance 

certifications, testing of emissions and process materials, and engineering estimates and 

material balances. Compliance Assurance field inspectors, working in cooperation with the 

engineering staff, assist in performing compliance inspections for minor sources, in addition to 

their duties related to providing citywide emissions surveillance and complaint response.' A 

field inspector is available on a 24-hour basis, on workdays, weekends and holidays, either 

on active duty, standby, or emergency response mode. In addition to investigating 

complaints related to air pollution, noise and vibration, field inspectors also respond to 

incidents involving possible leaking combustible gases and carbon monoxide from 

residential heating units, as well as providing appropriate assistance to first responders and 

incident commanders in events involving toxic or hazardous materials releases or spills. 

The Enforcement unit is responsible for coordinating all enforcement activities of the 

AMS program. Cases that are determined appropriate for enforcement action are referred 

from the compliance evaluation and inspectional units for further action. Activities of the unit 

include: NOV preparation and issuance; case development and coordination with the city's 

Law Department; assessment of administrative penalties; negotiation of compliance 

agreements; enforcement coordination with the U.S. EPA, the Peunsylvania Department of 

Environmental Protection (DEP), and the city's Environmental Task Force; prosecution of 

summary violations; and the development of enforcement protocols and procedures. 

3. Asbestos Control 

The Asbestos Control unit is responsible for implementation and enforcement oflocal, 

state and federal requirements applicable to the control of emissions of asbestos and the 

regulation of the asbestos abatement industry. The unit, pursuant to local delegation of authority 

from the U.S. EPA, enforces the federal NESHAP for Asbestos at renovation and demolition 

4 
sites; and also provides, via interagency agreement, local compliance oversight for the P A 

Department of Labor & Industry's certification requirements for asbestos workers and 

supervisors. The Asbestos Control unit also administers and enforces the provisions of the 

Philadelphia Health Code pertaining to asbestos abatement project workplace standards; 

licensing of asbestos abatement contractors; certification of asbestos analytical laboratories, 

project inspectors, and investigators; and review and issuance of permits for major asbestos 

projects. The unit also develops and provides public distribution of information pertaining to 

asbestos control program activities and requirements, as well as asbestos-related health and 

safety advisory information for residents, school students, and building maintenance workers. 

B. Technical Services 

The AMS Technical Services group, based at the AMS Laboratory, is responsible 

for operation of the citywide air quality monitoring network; acquisition, quality assurance, 

and reporting of air quality data; and providing analytical laboratory and analytical methods 

development support to air quality monitoring activities, special air sampling studies, and to· 

Regulatory Services' compliance assurance sampling and analysis programs. The Technical 

Services group is comprised of three sections: Air Monitoring, Computer Center, and Analytical 

Chemistry. 

1. Air Monitoring 

The Air Monitoring section is responsible for operation and maintenance of the II 

air sampling sites (a twelfth site is being planned and will be added) comprising the citywide 

air monitoring network including one Ncore-National Core multipollutant monitoring station 

measuring particles, Ozone, Sulfur Dioxide, Carbon Monoxide, Nitrogen Oxides, Lead and 

basic meteorology principally support research in air pollution control. The network is 

designed and equipped with instrumentation to provide ineasurements of ambient 

concentrations for seven federally-designated "criteria" air pollutants - air pollutants for 

which the U.S. EPA has established NAAQS - consisting of Ozone, Sulfur Dioxide, 

Nitrogen Dioxide, Carbon Monoxide, Lead, PMIO (respirable particulate matter less than 10 

microns), and PM2.5 (fine particulate matter/aerosols less than 2.5 microns). The 

mouitoring instruments employed conform with federal reference methods established 

nationally, and ambient measurements collected are used to determine the city's air quality 

status with regard to each of the federal NAAQS pollutants. Data from continuous air 

sampling instruments operated at 5 of the sites are digitally transmitted over telephone lines 

to the AMS Laboratory, providing real-time access to air quality measurements for the four 

gaseous pollutants and a surrogate pollutant for particulate matter. The real-time data are 

employed to provide daily air quality reports to the public using the federal Air Quality 

Index or AQI. An intensive Photochemical Assessment Monitoring System, or P AMS 

project, has been instituted as part of a national initiative to measure ozone and ozone 

precursors during the "ozone season." In Philadelphia, the PAMS project is conducted 

during the months of June, July, and August at one site, and includes speciation of over 56 

distinct organic compounds through analysis by gas chromatography. Air Monitoring is also 

involved in providing support to special monitoring projects initiated both within AMS, for 

local air quality impact assessments, and externally by the U.S. EPA and other 

5 
organizations, for purposes of monitoring methods development or data gathering for health 

effects studies or environmental characterizations. AMS also participates in the EPA 

performance Evaluation Audit (Audit through-the-probe, or TTP) program run by EPA 

Office of Air Quality Planning and Standards (OAQPS). OAQPS runs the PM2.5 

performance evaluation program for AMS. Air Monitoring also maintains and calibrates 

portable sampling equipment used by inspectional staff within AMS' Regulatory Services 

and also that used by the Philadelphia Fire Department in responding emergency situations. 

2. Computer Center 

The Computer Center is responsible for providing data processing services for Technical 

Services' air monitoring and laboratory operations. These services include management of 

ESC E-Data Acquisition System, SQL-Server, Oracle Server, File server, and twenty four 

workstations with PCs... Computer Center personnel are responsible for hardware systems 

design and construction, program development and implementation, systems maintenance, 

database management and reporting, and user support through infonnation distribution and 

training. The majority of the activities of the Computer Center are devoted to supporting the air 

quality monitoring an.d data reporting systems required by federal regulations. A gas 

chromatograph, three liquid chromatographs, and an atomic absorption spectrophotometer are 

being interfaced with one of the scientific computer systems in order to increase productivity 

and to ease data analysis and reporting workloads. The Computer Center also provides 

personal computer (PC) workstations for AMS Laboratory staff for use in word-processing, 

spreadsheet, and data base applications. These PC systems are used for report writing, 

fiscal work, and general administrative functions perfonned at the AMS Laboratory. 

3. Analytical Chemistry 

The Analytical Chemistry section is responsible for providing a wide range of laboratory 

services, involving support to air monitoring activities and perfonnance of non-routine chemical 

analysis projects. 

The Calibration unit is responsible for performing required precision and accuracy 

checks on the air monitoring instruments deployed throughout the citywide network, 

including maintenance and flow checks on system auto-calibration equipment and perfonnance of 

annual instrument audits using U.S. EPA-designated audit equipment. The Calibration unit 

also performs quarterly audits on particulate monitors. Responsibilities extend to general 

troubleshooting and maintenance of air monitoring equipment. 

The General Chemistry unit is responsible for weighing and analysis of filter samples 

obtained from the particulate monitoring instruments within the citywide network, and for 

maintaining all required measurement records. In addition to perfonni.l1g gravimetric analysis of 

filters from PMl 0 and PM2.5 samplers, filters from high volume air samplers (HV AS), 

collecting total suspended particulates (TSP), are analyzed for lead plus seven other trace metals 

(chromium, cadmium, iron, manganese, nickel, zinc, copper). The unit also perfonns qualitative 

and quantitative analyses on soils, as well as on samples obtained from special purpose 

monitors (SPM) deployed for study purposes. The General Chemistry unit maintains 

6 
capability for monitoring gross beta-radioactivity on TSP filters, performs measurements of 

conductivity and pH on precipitation samples collected during significant rainfall events, and 

conducts analyses of sulfur content in fuel oil samples taken to monitor compliance with the 

city's sulfur-in-fuel regulations. The unit is also responsible for performing general 

microscopy work related to identification and analysis of asbestos in bulk material samples 

collected by inspectors in the Asbestos Control unit; identification of particulate samples taken 

from areas impacted by soot falls, or other excessive particle deposition incidents, for 

purposes of determining possible responsible sources; and for providing pollen counts during 

the ragweed pollen season. 

The Air Toxics unit is responsible for collection (via sorbent tubes/canisters), preparation, 

and identification and analysis, by GC/MS, of air samples for a wide range of trace organic 

pollutants. Air sampling for formaldehyde (plus six other compounds) is conducted using a 

separate monitoring method and analysis is performed by high pressure liquid chromatography 

(HPLC). Air filters from 5 sites are sent to West Virginia for analysis of seven metals 

(Arsenic, Beryllium, Cadmium, Chromium, Lead, Manganese, and Nickel). The Air Toxics 

unit has also been involved in providing sample collection and analytical support to community 

exposure assessments and other special studies related to measuring ambient concentrations 

of certain toxic organic compounds in the vicinity of industrial or commercial sources. 

VI. Program Resources 

A. Program Service Locations 

AMS Central Office: 

321 University Avenue, 2nd Floor 

Philadelphia, PA 19104 

Telephone (215) 685-7584 

Fax (215) 685-9451 or 685-7593 

B. Program Budget and Staffing 

I. Program Funding: 

(FY2010, $Millions) 

General Fnnd 

2.675 

EPA Grants 

2.675 

2. Program Budget: 

(FY2010, $Millions) 

PA Grant 

0.7 

Class 100 - Personal Services 

Class 200 - Purchase of Services 

Class 300 - Materials and Supplies 

Class 400 - Equipment 

Class 800 - Payments to Others 

7 

AMS Laboratory: 

1501 E. Lycoming Street 

Philadelphia, PA 19124 

Telephone (215) 685-1477 

Fax (215) 685-1476 

Title V Fees 

0.41 

Biowatch 

0.441 

Total 

6.90 

5.446 

0.772 

0.196 

0.245 

0.241 
Total 

3. Program Personnel: 

General Fund 

39 

EPA Grants 

23 

PAGrant 

6 

8 

Title V Fees 

5 

Biowatch 

2 

Total 

75 

6.900 
ATTACHMENT B 

IMPLEMENTATION PLAN 

9 
IMPLEMENTATION PLAN 

ATTACHMENTB 

ANNUAL WORKLOAD PROJECTION 

Philadelphia County shall submit an annual plan to the Department for review. The 

plan shall describe how the County will implement their air pollution program for the 

following year and shall be submitted by Apri130 of the preceding year. For purposes of this 

agreement, the annual plan will be consistent with the Commonwealth of Pennsylvania's fiscal 

year which begins on July 1 st and ends on June 30th unless this agreement specifically states 

that the calendar year shall be used. The plan shall provide a workload projection for the 

following year including but not limited to the number of plan approvals and operating permits to 

be issued, the number of compliance inspections to be conducted, the number of complaints to be 

investigated, the number of source tests to be observed, and any other activities that would 

account for substantial workload for the Philadelphia County staff. The plan shall also 

include major objectives/goals scheduled to be completed during the following year and the 

expected completion dates. The plan shall be in a format mutually agreed upon by Philadelphia 

County and PADEP. 

EMISSIONS REPORTING 

Philadelphia County shall implement an emissions reporting program as 

follows: 

Emission Inventory 

Philadelphia County shall maintain a computerized emission inventory for all 

facilities that are classified as major facilities for Title V, Reasonably Available Control 

Technology (RACT), NSR, PSD or any other categories of facilities identified by DEP. A 

current list of categories for the Southeast Region is attached as Appendix 1. DEP will notify 

Philadelphia County of any changes to the list at least 90 days prior to the next reporting 

period and allow Philadelphia County 60 days for review and comment. Philadelphia 

County shall update the inventory at the frequency specified in DEP's Rules and Regulations. 

The inventory will have sufficient detail to determine the potential and actual emission rates 

from each source for CO, NOx, SOx, VOC, PMlO, PM2.5 and the Section 112(b) air toxic 

pollutants. The inventory shall detail actual throughput rates for each source on a monthly 

basis unless otherwise agreed upon by DEP and Philadelphia County. 

Emission Statements 

Philadelphia County shall require an annual emission statement from facilities which 

emit VOC or NOx. If the facility category is listed on the exemption list published at 23 Pa. 

Bulletin 1994-1995, then only those facilities with an actual emission rate of 25 tons per year 

or more ofVOC or NOx need to submit a statement. The emission statement must indicate 

the actual emission rates of VOC and NOx, the method used to calculate the emissions, and a 

certification by a company officer or plant manager that the information is accurate. The 

10 
average pounds per day must not be diluted by non-operational periods during the ozone season. 

The statement shall be required by March I for the preceding calendar year. Philadelphia 

County shall enter the actual emissions from each facility into the computerized emission 

inventory on an annual basis. 

EMISSION REPORTING REQUIREMENTS 

Philadelphia County shall provide the following to DEP on an annual basis using a 

method mutually agreed upon by both agencies: 

1. The names of all facilities which provided emission inventory and/or emission 

statement information for the preceding calendar year. 

2. An opportunity to review the complete emission inventory/emission statement 

for facilities identified by DEP. DEP will use AIRS to the maximum extent possible for this 

purpose. However, AMS is encouraged to use the DEP's Air Information Management System 

(AIMS) to meet this requirement. 

SOURCE MONITORING 

Inspections 

Philadelphia County shall conduct at least one Full Compliance Evaluation (FCE) 

inspection at the Class A facilities and at least one general inspection at the Class B facilities 

selected for inspection in the annual plan. Philadelphia County will conduct Stage IIII and 

NESHAP asbestos removal inspections in accordance with the annual plan. Inspection 

reports should clearly indicate the results of the inspections. Inspectors must be adequately 

trained in inspection methods including bulk sampling techniques (asbestos, fuel oil, VOC, 

etc.) and certified to read visible emissions in accordance with EPA Method 9 or other P ADEP 

approved methods. 

Complaint Handling 

Philadelphia County shall have a system in place to record complaints and ensure 

that they are responded to appropriately within a reasonable time frame. Inspection reports 

should clearly indicate the results of an investigation. Philadelphia County shall notify 

complainants regarding the outcome of their complaints as appropriate. 

SOURCE MONITORING REPORTING REQUIREMENTS 

Philadelphia County shall provide the following to DEP calendar quarterly, within 30 

days after the end of each calendar quarter, using a method mutually agreed upon by both 

agencies. For purposes of this agreement, the first calendar quarter will end on September 30th 

unless specifically stated otherwise. 

1. A list of the A and B facilities inspected during the calendar quarter. The 

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list shall include the company name, plant name, plant address and the date 

of the inspection. 

2. The number of Stage VII inspections conducted during the calendar quarter. 

3. The number ofNESHAP asbestos removal notifications received and the 

number ofNESHAP asbestos inspections conducted during the calendar 

quarter. 

4. The number of complaints received and investigated during the calendar 

quarter. 

5. An opportunity to audit inspection reports identified by DEP. 

ENFORCEMENT 

When non-compliance with any regulation contained in the Pennsylvania SIP is 

documented, Philadelphia County shall take reasonable and necessary action to achieve 

compliance including the issuance of notices of violation and enforcement action. DEP 

recognizes the discretionary nature of enforcement and will rely on Philadelphia County's 

judgment in determining what level of enforcement is appropriate to the maximum extent 

possible. If DEP determines that Philadelphia County is unwilling or unable to resolve a 

violation, DEP may pursue resolution ofthe violation in accordance with Section 12 of the 

Pennsylvania Air Pollution Control Act. 

Philadelphia County will provide enforcement information to EPA consistent with its 

grant agreement with EPA for the year. DEP will make its computerized compliance system 

available to Philadelphia County for this purpose. 

ENFORCEMENT REPORTING REQllREMENTS 

Philadelphia County shall provide the following to DEP quarterly, within 30 days after 

the end of each calendar quarter, using a method mutually agreed upon by both agencies: 

1. A summary of the enforcement actions taken in the calendar quarter. 

2. A copy of any enforcement or penalty policy revised or created during the 

preceding calendar quarter. 

3. An opportunity to conduct a detailed audit of enforcement actions identified 

byDEP. 

AMBIENT AIR MONITORING 

Philadelphia CoUnty shall conduct an ambient air monitoring program which meets the 

requirements of 40 CFR Part 58 (Ambient Air Quality Surveillance). 

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Philadelphia County will provide and maintain real-time access to Philadelphia County 

air monitoring database as required by DEP for access to air monitoring data and standard 

reports. 

AMBIENT AIR MONITORING REPORTING REQUIREMENTS 

Philadelphia County shall provide the following to DEP using a method mutually agreed 

upon by both agencies: 

1. A calendar quarterly report (Quicklook Criteria Parameters AMP 450 & Data 

Completeness report AMP 430), prepared on a calendar year quarterly basis, verifying 

ambient air monitoring data submission to the EPA AIRS/ AQS database within 90 days after the 

end of the report calendar quarter. This report shall include a summary of the reporting sites and 

devices, the percent data capture for each device, and the associated quality assurance statistical 

reports (precision checks and audits). Data submitted for the P AMS (enhanced ozone precursor 

monitoring) network will not be included until notification is provided by DEP to Philadelphia 

County. At least 90 days notice will be provided by DEP when P AMS data is to be added to this 

requirement. 

2. An opportunity for DEP to comment on the annual SLAMS network review (40 CFR 

58.20d). Comments will be included in the annual review report submitted to EPA along with 

any air monitoring network modifications required and agreed upon by Philadelphia County and 

DEP. 

3 . Provide a copy of the ambient monitoring 5-year network assessment document that is 

submitted to EPA under the requirements of 40 CFR Part 58, Subpart B, Section 58.10( d) 

starting with the first assessment due on July 1, 2010. 

STACK TESTING REQUIREMENTS 

Each stack test required by Philadelphia County shall meet the applicable requirements 

specified in 25 Pa. Code Chapter 139 and the latest version ofDEP's Source Testing Manual. 

STACK TESTING REPORTING REQUIREMENTS 

Philadelphia County shall provide the following to the DEP quarterly, within 30 days 

after the end of each calendar quarter, using a method mutually agreed upon by both agencies: 

1. A copy of the calendar quarterly report submitted to the EPA indicating the tests 

performed during the calendar quarter, or some other equivalent report. 

2. An opportunity to review stack test information for tests identified by DEP which can 

include the test report summary, Philadelpliia County's decision regarding the acceptability 

of the test results, and Philadelphia County's observation report. 

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CONTINUOUS EMISSION MONITORING 

Philadelphia County shall conduct a continuous emission monitoring program in 

accordance with 25 Pa. Code Chapter 139 unless modifications of the requirements are 

approved by DEP in writing. 

CONTINUOUS EMISSION MONITORING REPORTING REQUIREMENTS 

Philadelphia County shall provide a list of all monitors approved at the time the 

Philadelphia CountylDEP Implementation Agreement is signed. Philadelphia County shall 

provide the following to DEP quarterly, within 30 days after the end of each calendar quarter, 

in a method mutually agreed upon by both agencies: 

1. A list of continuous monitors approved during the calendar quarter. 

2. A list of continuous monitors pending approval. 

3. An opportunity to audit the complete approval for continuous monitors identified by 

DEP. 

AIR QUALITY PERMITTING 

Philadelphia County shall continue to implement an air contamination source permitting 

program, as approved by DEP, that is at least as stringent as the requirements of25 Pa. Code 

Chapter 127. Philadelphia County's permitting program shall conform to or be more 

stringent than that ofDEP, and be implemented in accordance with DEP policies and procedures, 

unless modifications are approved by DEP in writing. 

Philadelphia County's permitting program shall include, without limitation, the following 

program elements necessary to conduct reviews and approve/deny plans to construct, modi.fY and 

operate air contamination sources: 

1. Title V permits; 

2. Synthetic Minor source permits; 

3. NSPS source permits in conformance with EPA specifications; 

4. PSD source permits in conformance with EPA specifications; 

5. NSR review and permitting as specified by DEP; 

6. Operating permits to facilities that do not otherwise meet federal permitting 

requirements but have received previous source operating permits from 

Philadelphia County or that meet the following actual emissions criteria: 

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Pollutant PTE«TPY) Actual Emission Rate> (TPy) 

CO 100 20 

NOx 25 10 

SOx 100 8 

PMIO 100 3 

PM2.5 100 3 

VOC 25 8 

Single HAP 10 1 

Multiple HAPs 25 2.5 

7. MACT operating permits; 

8. Section III (d) operating permits; 

9. RACT operating permits; 

10. Best Available Technology permitting requirements in accordance with DEP 

policies and procedures for new and newly modified sources that are not otherwise 

required to meet BACT or LAER as defined by EPA; and 

II. Permits for construction of new sources and modification of existing sources. 

Philadelphia County shall participate in the regularly scheduled Title V and 

Engineering Services staff meetings. 

Philadelphia County may use application forms of their own design, adapt or utilize the 

Department's forms to their use. 

Philadelphia County may continue to require permits for sources historically covered by 

the agency, even when those sources go beyond the criteria described in the Department's 

published list of Plan Approval and Operating Permit Exemptions. 

With respect to the processing of major source new source review for non-attainment 

pollutants, the review shall be conducted in accordance with Chapter 127, SUbchapter E 

requirements. Philadelphia County shall verify that emission reduction credits (ERC) from 

sources in Philadelphia County are permanent, enforceable, quantifiable and surplus. Onsite 

inspections shall be conducted to verify shutdowns. If equipment has not been dismantled or 

removed, Philadelphia County shall annually receive certification of the continuance of the 

shutdown. Documentation sufficient for the registry and transfer of ERCs shall be provided to 

the Division of Permits for entry in the ERC registry system. 

With regard to Title V, Philadelphia County shall collect the emission fees prescribed in 

Section 127.705 and shall provide information needed by DEP to evaluate the adequacy of the fee 

revenues and the proper use of said revenues. 

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Title V operating pennits shall be issued by Philadelphia County in accordance with the 

Implementation Agreement between the DEP and EPA, Region III. Title V operating permits shall 

follow the format DEP has developed in consultation with EPA. These permits need not be 

produced through DEP's Air Information Management System but consideration should be given 

to its eventual use. 

AIR QUALITY PERMITTING REPORTING REQUIREMENTS 

Philadelphia County shall provide the following to DEP using a method mutually agreed 

upon by both agencies: 

1. A copy of all draft Title V permits sent to the EPA. 

2. A copy of all final Title V permits. 

3. Copies of other permits and plan approvals as requested. 

4. A list of emission fees collected from Title V facilities. 

5. An accounting of how Title V emission fees were used on a calendar quarterly 

basis. This information shall be submitted within 30 days after the end of the 

calendar quarter and submitted no later than 100 days after the end of each 

agreement year. 

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APPENDIXl 

Guidance for Determining Which Facilities Belong in 

AIMS for Inventory Purposes 

These guidelines are a synthesis ofthe inventory requirements of Title V, the Annual 

Inventory, Emission Statements and other regulations that are part of the SIP. The Title V 

regulations are found in the Pennsylvania Code, Title 25, Chapter 127. The Annual 

Inventory regulation is found in the Pennsylvania Code, Title 25, Chapter 135.1- 135.5. The 

Emission Statement regulation is found in the Pennsylvania Code, Title 25, Chapter 135.21. 

Title V major source definitions can be found in the Pennsylvania Code, Title 25, Chapter 

121.1. Exemptions from state operating permits can be found on page 4559 of the September 

21, 1996 Pennsylvania Bulletin. 

Facilities that wish to generate or trade Emission Reduction Credits (ERC) will need to 

document emissions. The annual inventory report is one way to document emissions. All 

facilities have the option of submitting armual inventory reports for ERC purposes. If the facility 

does not submit armual inventory data, the facility should at least maintain sufficient production 

records to be able to reconstruct emissions for ERC purposes. 

The emissions from any facility that is not required to submit armual inventory forms are 

captured in the area source inventory, which is calculated using demographics and emission 

factors. For information on area source inventory, contact the Bureau of Air Quality's Air 

Information Management Section at (717) 783-9241. 

Any emissions that are below the source reporting thresholds for facilities that are 

subject to the annual inventory will be calculated by the Bureau of Air Quality using emission 

factors. Facilities have the option of submitting emission estimates for emissions below the 

source thresholds if the owner/operator of the company's estimate is better than the factorgenerated numbers. 

A. Title V Facilities 

The owners/operators of all Title V facilities must complete the annual inventory 

reporting forms. Title V facilities are subject because by definition they exceed the reporting 

thresholds in the Emission Statement and SIP regulations. Inventory information from Title V 

facilities is used for emission fee purposes and to demonstrate compliance. 

Title V facilities report emissions from all sources, as the sources are defined in the Title 

V permit. In some cases, the Title V permit treats multiple pieces of related equipment as one 

source. This treatment is negotiated between the facility and DEP inventory and permit staff. 

Actual emissions of 1.0 tons per year or more per source must be reported for all criteria 

pollutants and 0.5 tons per year of HAPs, except for the HAPs of special concemlisted below. 

Reports should round to the nearest one-hundredth of a ton. All emissions must be reported 

source by source, not as site totals. HAPs must be reported individually (speciated). Source by 

source speciated reporting of HAPs is required for Maximum Achievable Control Technology 

17 
(MACT) purposes. In cases where HAPs are also VOCs or particulates, do not subtract the HAP 

emission estimates from the VOC or particulate emission estimates. The subtraction will be 

dealt with by the AIMS database. 

Based upon the Federal Clean Air Act, Section 112(c)(6), certain pollutants and sources 

are of special concern. The following thresholds apply for boilers greater than 2.5 MMBtu, 

incinerators, lead handling operations, and utilities: 

Polychlorobiphenols (PCB) 

Lead (Pb) 

Polycyclic Organic Matter (POM) 

Dioxins 

Furans 

Mercury (Hg) non-coal fired electric generating 

units (EGU) 

Mercury (Hg) coal fired EGUs 

Mercury (Hg) all other types of sources 

B. Synthetic Minor Facilities 

0.01 TPY per source 

0.01 TPY per source 

0.01 TPY per source 

0.00001 TPY per source 

0.00001 TPY per source 

0.0005 TPY per source 

0.0001 TPY per source 

0.01 TPY per source 

NOx and VOC data may be required for Emission Statements and ozone calculations. 

Synthetic minor facilities may be required to complete annual inventory reporting forms when 

NOx and lor VOC emissions are generated. Facilities are subject if actual VOC emissions are 

greater than or equal to 10 TPY for the site and lor if actual NOx emissions are greater than or 

equal to 25 TPY for the site. Actual emissions of 1.0 TPY or more per source must be 

reported for NOx and/or VOC, whichever made the facility subject to repOlting. Reports 

should round to the nearest one-hundredth of a ton. All emissions must be reported source by 

source, not as site totals. 

For example, if a facility has 12 TPY of actual VOC emissions and 20 TPY of actual NOx 

emissions, the facility must report VOCs from any source that emitted 1 TPY or more. Any 

sources that emit NOx are not required to be reported, as the facility's NO, emissions are below 

the threshold. If the facility has 12 TPY of actual VOC emissions and 26 TPY of actual NOx 

emissions, the facility must report VOCs and NOx. 

Emission estimates for other pollutants will be calculated by DEP's AIMS database 

using emission factors associated with source classification codes (SCC). The facility 

owner/operator has the option of reporting emission estimates for other pollutants if the 

facility's estimates are better than the SCC-based calculations. 

Synthetic minor facilities must certify and/or demonstrate that the permit caps have not 

been exceeded. The certification/demonstration does not require source by source reporting of 

operating data and emission estimates using the annual inventory forms. The facility has 

the option of completing the annual inventory forms to demonstrate compliance with the 

caps for any pollutants. If the facility does not submit annual inventory forms, the facility 

owner/operator must arrange with Philadelphia County or DEP regional staff for an alternate 

18 
demonstration of synthetic minor status. The regional staff will use the demonstration data to 

calculate site total emission estimates and enter these estimates into AIMS. If an existing 

permit caps a specific source, emissions from the capped source would have to be reported 

separately from any site totals. Electronic submission of alternate demonstration data may 

not be possible. 

c. Natural Minor with a State Operating Permit 

NOx and VOC data may be required for Emission Statements and ozone calculations. 

The owners/operators of natural minor facilities with operating permits may be required to 

complete annual inventory reporting forms when NOx and/or VOC emissions are generated. 

Facilities are subject if actual VOC emissions are greater than or equal to 10 TPY for the 

site. Facilities are also subject if actual NOx emissions are greater than or equal to 25 TPY 

for the site. The facility owner/operator must report only NOx and/or VOCs, whichever made 

the facility subject to reporting. Actual emissions of 1.0 ton per year or more per source must 

be reported for all criteria pollutants and 0.5 tons per year of HAPs. Reports should round to 

the nearest one-hundredth of a ton. All emissions must be reported source by source, not as 

site totals. See the example for Synthetic Minors. Emission estimates for other pollutants 

will be calculated by the AIMS database using SCCs. The facility has the option of reporting 

emission estimates for other pollutants if the facility's estimates are better than the 

SCC-based calculations. 

If the facility only generates SOx, PM, CO and/or HAPs, or if the facility generates NOx 

and VOC and both are below the thresholds, the facility is not subject to the inventory. 

D. Natural Minors Exempted from State Operating Permit 

These facilities are not required to submit annual inventory forms. The emissions from 

these facilities are captured in the area source inventory. 

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