### AGREEMENTFORIMPLEMENTATION OF THE PHlLADELPHIA COUNTY AIRPOLLUTION CONTROL PROGRAM THIS AGREEMENT is made this day of 2010, by and between the Commonwealth ofPennsylvania, Department ofEnvironmental Protection (hereinafter called DEP ortheDepartment) and the City ofPhiladelphia Department of PublicHealth (hereinafter calledPhiladelphia County). WHEREAS, DEP is authorized under Section 4(1) ofthe 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 implementthe provisions ofthe Clean Air Act (42 U.S.C. §7401- 7671) in the Commonwealth; and, WHEREAS, DEP is authorized under Section 4(18) ofthe APCA (35 P.S. §4004(18» to prepare and develop a general comprehensive plan for the control and abatement ofexisting air pollution and air contamination and for the abatement, control and prevention ofany new air pollution and air contamination, recognizing varying requirements for the different areas ofthe Commonwealth and to submit acomprehensive 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 ofthe Clean Air Act and to control and abate air pollution and air contamination; and, WHEREAS, under Section 12(b) ofthe APCA (35 P.S. §4012(b», the administrative procedures forthe abatement, reduction, prevention and control ofair pollution set forth in the APCA shall not apply to any county ofthe first class ofthe Commonwealth which has and implements an air pollution control program that, at a minimum, meetsthe requirements ofthe 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 ofthe Philadelphia County program tothe DEP for review and approval; and, WHEREAS, Philadelphia County has developed and implemented an air quality program tomeet the requirements ofthe Clean Air Act and the AirPollution Control Act and has previously received delegation from the Environmental Protection Agency (hereinafterEPA) for implementation ofNational Emission Standards for Hazardous Air Pollutants, New Source Performance Standards, Prevention ofSignificantDeterioration andNew Source Review Programs, and has operated as aPennsylvania approved program. '

1NOWTIIEREFORE, the parties hereto intending to belegally bound hereby agree as follows: 

### I. 

### GENERAL CONDmONS

a. The Department hereby approves thePhiladelphiaCounty AirPollution Control Program (philadelphia CountyProgram) under Section 12(b) ofthe APCA (35 P.S. §4012(b». b. Philadelphia County will implement thePhiladelphia County

### AirPollution Control Program in a manner consistent withtheProgramDescription and ImplementationPlan attached hereto and incorporated herein as Attachments A and B respectively along with any amendments agreedtoby the parties. Changes tothe Program Description and Implementation Plan may be made by theparties withoutthe need to amend this Agreement.

c. Philadelphia County shall implement regulatory requirements, promulgated by the Department applicable toPhiladelphia County. PhiladelphiaCounty shall also promulgate regulations to implement regulations promulgated by the Department. Philadelphia Countywill describe the process and timing for implementation ofthese regulations in the Annual Workload Projectionprepared as required in the ImplementationPlan. d. Any provision tothe contrary notwithstanding, Philadelphia County shall assist in implementing emissiontrading programs adopted in 25 Pa. Code Chapter145

.(relating to interstatepollutiontransport reduction). The Departmentwill 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 programsuspensionor rescission are contained in Section 12(c), (d), (e) and 

### (f) ofthe APCA (35 P.S. §4012(c), (d), (e) and 

### (f). f The Department shall have access to and theright to examine and copy any pertinent books, documents, letters, reports orrecords related to the Philadelphia County Program. g. Under 25 Pa. Code §127

. 706(b), no laterthanApril 30 ofeachyear, PhiladelphiaCounty shall submit toDEP a description ofthe implementation ofthe local air pollution control program during the current year as described intheImplementation Plan, including the Title V operating permit program in the county along with a detailed accounting ofthe costs ofimplementation. h. Philadelphia County will submit toDEPtheinformation required bythe ImplementationPlan attached hereto and incorporated herein as Attachment B.



### 2i. Philadelphia County will, during a period oftime agreeabletoboth Philadelphia County and theDepartment, work with the Department

### to establish a procedureto provide Philadelphia County's stationary point sourceinformationtothe Department's AirInformationManagement System through the exchange ofdata. The Department agrees to provide training and thenecessary supportto PhiladelphiaCounty as needed. 

### j. Until a Title V Operating PermitsProgramImplementation Agreement is executed byPhiladelphia County, the Department and the U.S. Environmental Protection Agency, Philadelphia County agrees to implement the requirements ofthe Title V OperatingPermits ProgramImplementation Agreement executed bythe Department andEPA applicable inthePhiladelphia County area to the extent that Philadelphia County is authorized to implementthat agreement. 

### k. PhiladelphiaCounty will register and participate in DEPtraining regarding regulations, guidance, inspection procedures orother matters relevant to the Title V operating permit program. 

### IT. FINANCIALASSISTANCE

a. TheDepartment may provide payment ofa portion ofthe Title V emission fees collectedbytheDepartment as necessary, appropriate and available 

### to assist Philadelphia County in implementation ofthe Title V operating permit program in the county. b. The Department may withhold this financial assistance ifPhiladelphia County has not implemented the Title V program in the manner substantially required bythis agreement.

c. Philadelphia County will usethis financial assistance only to coverthe reasonable direct and indirect costs ofadministeringthe operatingpermit program required by Title V ofthe Clean Air Act. d. Philadelphia County shall deposit all Title V fees collected by the county and all financial assistance provided by theDepartmentinto a restricted account established byPhiladelphiaCountyto implement the Title V program. All interest earned on account funds shall bepaid tothe restricted account in a manner consistent with procedures established by the City ofPhiladelphia 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 bethe primary contact withtheDepartment for issues related to financial assistance during the duration ofthis Agreement. 

### f Payment provisions. 

### 1. An Application for AvailableFunds (hereinafter Application)shaU be 

### inwriting on a form approved bythe Department. The Application shall bereceived by

3the deadline establishedbythe Department. TheApplication shall include a budget outlining anticipated expenses. 2. The approved Application for thefirst agreement year is attached to and made a part ofthis agreement as Attachment C. Applications and budgets for subsequent contractyears shall be submittedbyPhiladelphia County for review and approval bythe DepartmentonorbeforeMarch 31 st withoutthe need to amend this agreement. 3. Claims for payment must be submittedto theDepartment within thirty (30) days ofthe end ofeachquarter except forthe final quarter. Such claim wiII be submitted no laterthan 100 days after the end ofeach agreement year. The days for claims submittal are October 30, January 30, April 30, and October 8. Payment for approved expenditures shall be made bythe Department as soon as reasonably possible. The first claim for payment for the first agreement yearwill be for July 2010through December2010 and wiIl be submitted upon execution ofthis agreement. 4. The Department may suspend claimprocessing until receipt ofrequired reports orthe substantial completion ofall conditions ofthis agreement. 5. Philadelphia County shall have discretionary authority to spend the funds made available bythis Agreementfor theworkperformed, with allowance for deviation ofthe amounts allocated tothebudget categories so long asthe totalbudget amount is not exceeded. However, DEP shall beinformed prior to any such deviation and shall have the right to approve/disapprove any reallocation greaterthan 10% ofthe total annual amount in any year. 6. Except asotherwiseprovided in Section

## n, theDepartment shall provide financial assistance to PhiladelphiaCounty in the quarterly amounts approved by theDepartment inthebudget ofeach annual Application. 7. Upon request bythe County, the Department may increase the financial assistance for each agreement year. Tobevalid, any request to increase the funding for a agreement year must be inwriting and approvedbytheDEP Deputy Secretary ofAir, Recycling, and RadiationProtection, DEP Agency Attomey, and the DEP Comptroller. Withoutthe duly authorized funding increase, the DEP obligationtoPhiladelphiaCounty shall not exceed the authorized funding previously approved according tothe 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 thatwill establishthereceipt and expenditure ofall Title V fees and Financial Assistance. Such records shall beretained



### 4and made available for audit for a period ofthree (3) years after final payment is made and all pending matters are resolved. 2. Philadelphia County shall on an annual basis submitto theDepartment a financial audit, in accordance with the "Single Audit" report issued bythe Finance Department and performed bythe County's Controller's office. 3. The audit shall be submitted each year onthe "SingleAudit" submission date as required by federal regulations.

5INWITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTESTIWITNESS:

APPROVED AS TO FORM SHELLEYR.SMITH CITY SOLICITOR

Patrick K. 0 'Neill Divisional DeputyCity 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 DeputyMay , ealth & Opportunity Health Commissioner Date:

# pj;a

Federal TaxIdentification 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 underAppropriation 

### 6600400-3522709000-3527027654-2007710000

### PHILADELPHIADEPARTMENT OFPUBLIC HEALTH PUBLIC HEALTH SERVICES DIVISION AIRMANAGEMENT SERVICES ATTACHMENT A PROGRAMDESCRIPTION I. Program Authority and Responsibility

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

### III. Program Organization

............................................................................. 2 IV. Program SupportServices

...................................................................... 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. 

### ProgramAuthority and Responsibility The Air Management Services (AMS) component ofthe Philadelphia Department of Public Health is the local airpollution control agency for the City and County ofPhiladelphia, AMS programs are conducted under authority providedby the Philadelphia Home Rule Charter, Philadelphia Code, the Pennsylvania

### AirPollution Control Act, and the federal CleanAir Act. AMS is responsible for the prevention, abatement and control ofair 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 ofairborne asbestos from buildingrenovation and demolitionprojects, and for the abatement ofcommunity noise and vibration nuisances, 

### II. Public Services AMS services to the public include review and evaluation ofplans for proposed new and modified sources ofair contaminant emissions; issuance offacility operating permits for approved sources; conducting facility compliance inspections, including source testing and the taking ofsamples; responding to community complaints ofair 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 thepublic through the media, AMS enforces community noise and vibration standards by responding to citizen complaints; conducting noise and vibration measurements; citing observed violations ofnoise and vibration standards; working with affected parties to

1resolve noise and vibration problems; and initiating appropriate enforcement action as required. AMS activities to control the public's exposureto asbestos include review of applications and notifications for proposed asbestos abatement projects; issuance ofpermits for approved projects; conducting inspections at projectwork sites; responding to public inquiries and complaints regarding asbestos; citing violations ofapplicable standards andworkpractices; 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 atproject work sites to monitor compliance with the state's asbestos worker certification requirements. III. Program Organization Organizationally, AMS is comprised oftwo 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 ofeachorganizational group is describedbelow. 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 ofagency funding, personnel, and other program resources. Administrative Services provides oversight and coordination ofcertain decentralized administrative support functions associated with agency operating units. Areas ofresponsibility include implementation ofadministrative 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 supportto the operation ofthe 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 ofthe 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 ofProgram Services' support role involves the establishment ofappropriate operations management and information systems necessary to the effective functioning ofthe AMS program. Areas ofresponsibility include agency strategic planning; inter- and intra-agency programcoordination and integration; preparation and processing ofrevisions to the Philadelphia-portion ofthe Pennsylvania State ImplementationPlan (SIP) for Air Quality; management ofemission inventory and facility compliance databases; mobile source emissions and related transportation project

2

### assessments; air quality simulationmodeling; and development and preparation ofannual 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-usertraining and support inthe use ofhardware 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 ofall applicable local, state and federal regulatory requirements pertaining to the prevention and control ofair pollution, asbestos contamination, and noise and vibration nuisances within the City ofPhiladelphia. The Regulatory Services group is comprised of three sections: Source Registration (Permitting), Facility Compliance and Enforcement, and Asbestos Control. 

### 1. SourceRegistration Source Registration is responsible for the review and approval/disapproval of applications for installation, modification and operation ofsources ofair contaminant emissions within the City ofPhiladelphia. Source Registration activities include review of applications pertainingto: 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 TitleV, Prevention ofSignificant 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 permitrequirements are administered and enforced locally pursuantto state and federal delegations ofauthority made to the City ofPhiladelphia. 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 ofpublic and administrative hearings, and the preparation ofresponses to comments received from the public. To minimize redundancy and paperwork burdens, Source Registration attempts, wherever possible, to consolidate local permitrequirements 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 ofemission units and Continuous Emission Monitoring Systems (CEMS). Stack testing activities include reviewing and approving testprotocols, observing stack tests, and reviewing stacktest reports. CEMS activities include reviewing and approving Phase I applications for the installation ofnew CEMS, observing parts ofthe 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.

32. 

### Facility Compliance and Enforcement Facility Compliance and Enforcement is responsible for implementation oflocal, 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 offormal notices ofviolation (NOV) for verified non-compliance; identifying "significantviolators" for resolution in accordance with U.S. EPA's Compliance Monitoring Strategy (CMS) and guidance; performing data collection andvalidation activities for maintenance ofthe 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 ofemissions and process materials, and engineering estimates and material balances. Compliance Assurance field inspectors, working in cooperation withthe engineering staff, assist in performing compliance inspections for minor sources, inaddition 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 incidentcommanders in events involving toxic or hazardous materials releases or spills. The Enforcement unit is responsible for coordinating all enforcement activities ofthe AMS program. Cases that are determined appropriate for enforcement action are referred from the compliance evaluation and inspectional units for further action. Activities ofthe unit include: NOV preparation and issuance; case development and coordination with the city's Law Department; assessment ofadministrative penalties; negotiation ofcompliance agreements; enforcement coordination withthe U.S. EPA, the PeunsylvaniaDepartment of Environmental Protection (DEP), and the city's Environmental Task Force; prosecution of summary violations; and the development ofenforcement 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 ofemissions ofasbestos and the regulation ofthe asbestos abatement industry. Theunit, pursuantto local delegation ofauthority 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 ofLabor & 

### Industry's certification requirements for asbestos workers and supervisors. The Asbestos Control unit also administers and enforces the provisions ofthe Philadelphia Health Code pertaining to asbestos abatementproject workplace standards; licensing ofasbestos abatement contractors; certification ofasbestos analytical laboratories, project inspectors, and investigators; and review and issuance ofpermits for major asbestos projects. Theunit also develops and provides public distribution ofinformation 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 ofthe citywide air quality monitoring network; acquisition, quality assurance, and reporting ofair quality data; and providing analytical laboratory and analytical methods development supportto air quality monitoring activities, special air sampling studies, and to· Regulatory Services' compliance assurance sampling and analysis programs. The Technical Services group is comprised ofthree sections: Air Monitoring, Computer Center, and Analytical Chemistry. 1. Air Monitoring 

### The Air Monitoring section is responsible for operation and maintenance ofthe 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 ofambient concentrations for seven federally-designated "criteria" air pollutants

- air pollutants for which the U.S. EPA has established NAAQS

- consisting ofOzone, 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 ofthe federal NAAQS pollutants. Data from continuous air sampling instruments operated at 5 ofthe 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. Anintensive Photochemical Assessment Monitoring System, or PAMS project, has been instituted as part ofa national initiative to measure ozone and ozone precursors during the "ozone season." In Philadelphia, the PAMS project is conducted during the months ofJune, July, and August at one site, and includes speciation ofover 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 ofmonitoring 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 ofAir 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 staffwithin AMS' Regulatory Services and also that used by the Philadelphia Fire Department inresponding 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 supportthrough infonnation distribution and training. Themajority ofthe activities ofthe 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 ofthe 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 stafffor 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 oflaboratory services, involving support to air monitoring activities and perfonnance ofnon-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 onparticulate monitors. Responsibilities extend to general troubleshooting and maintenance ofair monitoring equipment. The General Chemistry unit is responsible for weighing and analysis offilter samples obtained from the particulate monitoring instruments within the citywide network, and for maintaining all required measurementrecords. In

### addition to perfonni.l1g gravimetric analysis of filters from PMl0 and PM2.5 samplers, filters from high volume air samplers (HVAS), 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 unitmaintains

6capability 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 ofsulfur 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 ofasbestos in bulk material samples collected by inspectors in the Asbestos Control unit; identification ofparticulate 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 ragweedpollen season. The AirToxics unit is responsible for collection (via sorbenttubes/canisters), preparation, and identification and analysis, by GC/MS, ofair samples for a wide range oftrace organic pollutants. Air samplingfor formaldehyde (plus six othercompounds) is conducted using a separatemonitoring method and analysis is performed by high pressure liquid chromatography (HPLC). Air filters from 5 sites are sentto West Virginiafor analysis ofsevenmetals (Arsenic, Beryllium, Cadmium, Chromium, Lead, Manganese, and Nickel). The Air Toxics unithas also beeninvolved inproviding sample collection and analytical support to community exposure assessments and other special studies related to measuring ambient concentrations ofcertain toxic organic compounds inthe vicinity ofindustrial 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 ofServices 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 0.241Total

3. Program Personnel: General Fund 39 EPA Grants 23 PAGrant 6



### 8TitleV Fees 

### 5 Biowatch 2 Total 75 6.900

### ATTACHMENT B IMPLEMENTATION PLAN

9IMPLEMENTATION 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 implementtheir air pollutionprogram for the following year and shall be submitted by Apri130 ofthe preceding year. Forpurposes ofthis agreement, the annual plan will be consistent with the Commonwealth ofPennsylvania's fiscal year which begins on July 1st and ends on June 30thunless 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 ofplan approvals and operating permits to be issued, the number ofcompliance inspections to be conducted, the number ofcomplaints to be investigated, the number ofsource 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 emissioninventory for all facilities that are classified as major facilities for Title V, Reasonably Available Control Technology (RACT), NSR, PSD or any other categories offacilities identified by DEP. A current list ofcategories for the Southeast Region is attached as Appendix 1. DEP will notify Philadelphia County ofany 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 orNOx . Ifthe facility category is listed onthe exemption list published at 23 Pa. Bulletin 1994-1995, then onlythose facilities with an actual emissionrate of25 tons peryear ormore ofVOC or 

### NOx 

### need to submit a statement. The emission statement must indicate the actual emission rates ofVOC 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

10average pounds perday 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 providethe following to DEP on an annual basis using a method mutually agreed uponby both agencies: 1. The names ofall facilities which provided emission inventory and/or emission statement information for thepreceding calendar year. 2. Anopportunity 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 PhiladelphiaCounty shall conduct atleast 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 ofthe inspections. Inspectors must be adequately trained in inspection methods including bulk sampling techniques (asbestos, fuel oil, VOC, etc.) and certifiedto read visible emissions in accordance with EPA Method 9 or otherPADEP 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. Inspectionreports should clearly indicate the results ofaninvestigation. Philadelphia County shall notify complainants regarding the outcome oftheir complaints as appropriate. SOURCEMONITORING REPORTING REQUIREMENTS Philadelphia County shall provide the following to DEP calendar quarterly, within 30 days after the end ofeach calendar quarter, using a method mutually agreed upon by both agencies. Forpurposes ofthis agreement, the first calendar quarter will end on September 30th unless specifically stated otherwise. 1. A list ofthe A and B facilities inspected during the calendar quarter. The

11list shall include the company name, plant name, plant address and the date ofthe inspection. 2. The number ofStage 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 ofcomplaints received and investigated during the calendar quarter. 5. An opportunity to audit inspection reports identifiedby 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 ofnotices ofviolation and enforcement action. DEP recognizes the discretionary nature ofenforcement and will rely on Philadelphia County's judgment in determining what level ofenforcement is appropriate to the maximum extent possible. IfDEP determines that Philadelphia County is unwilling or unable to resolve a violation, DEP may pursue resolution oftheviolation in accordance with Section 12 ofthe PennsylvaniaAir Pollution Control Act. PhiladelphiaCounty will provide enforcement information to EPA consistent with its grant agreement with EPAfor the year. DEP will make its computerized compliance system available to PhiladelphiaCounty for this purpose. 

### ENFORCEMENT REPORTING REQllREMENTS Philadelphia County shall provide the following to DEP quarterly, within 30 days after the end ofeach calendar quarter, using a method mutually agreed upon by both agencies: 1. A summary ofthe enforcement actions taken inthe calendar quarter. 2. A copy ofany enforcement orpenalty policy revised or created during the preceding calendar quarter. 3. An opportunity to conduct a detailed audit ofenforcement actions identified byDEP. 

### AMBIENT AIR MONITORING Philadelphia CoUnty shall conduct an ambient air monitoring program which meets the requirements of40 CFRPart 58 (Ambient Air Quality Surveillance).

12Philadelphia County will provide and maintainreal-time access to Philadelphia County airmonitoring database as required by DEP for access to air monitoring dataand standard reports. AMBIENT AIR MONITORING REPORTING REQUIREMENTS PhiladelphiaCounty 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 submissionto the EPAAIRS/ AQS database within 90 days after the end ofthereport calendar quarter. This report shall include a summary ofthe reporting sites and devices, the percent data capture for each device, andthe associated quality assurance statistical reports (precision checks and audits). Data submitted for the PAMS (enhanced ozoneprecursor monitoring) network will notbe included until notification is provided by DEP to Philadelphia County. At least 90 days notice will be provided by DEP when PAMS data is to be added to this requirement. 2. Anopportunity for DEP to comment onthe 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 networkmodifications required and agreed uponby Philadelphia County and DEP. 3 . Provide a copy ofthe ambient monitoring5-yearnetwork assessment document that is submittedto EPA under the requirements of40 CFRPart 58, SubpartB, Section 58.10(d) starting with the first assessment due onJuly 1, 2010. STACKTESTING REQUIREMENTS Each stacktest required by PhiladelphiaCounty shall meetthe applicable requirements specified in 25 Pa. Code Chapter 139 and the latest version ofDEP's Source Testing Manual. STACKTESTING REPORTING REQUIREMENTS Philadelphia County shallprovidethe following to the DEP quarterly, within 30 days after the end ofeach calendarquarter, using a methodmutually agreed upon by both agencies: 1. A copyofthe calendar quarterly report submitted to the EPA indicating the tests performed during the calendar quarter, or some otherequivalentreport. 2. Anopportunityto review stacktestinformation for tests identified by DEP which can include the test report summary, Philadelpliia County's decision regarding the acceptability ofthe test results, and Philadelphia County's observation report.

13CONTINUOUS EMISSION MONITORING Philadelphia County shall conduct a continuous emission monitoring program in accordance with 25 Pa. Code Chapter 139 unless modifications ofthe requirements are approved by DEP in writing. CONTINUOUS EMISSION MONITORING REPORTING REQUIREMENTS Philadelphia County shall provide a list ofall 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 ofeach calendar quarter, in a method mutually agreed upon by both agencies: 1. A list ofcontinuous monitors approved during the calendar quarter. 2. A list ofcontinuous monitors pending approval. 3. An opportunity to audit the complete approval for continuous monitors identifiedby 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 of25Pa. Code Chapter 127. Philadelphia County's permitting program shall conform to orbe more stringent thanthat ofDEP, and 

### be implementedin accordance withDEPpolicies andprocedures, unless modifications are approved by DEP inwriting. 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. TitleV permits; 2. SyntheticMinor sourcepermits; 3. NSPS source permits in conformance with EPA specifications; 4. PSD source permits in conformance with EPA specifications; 5. NSRreview and permitting as specified by DEP; 6. Operatingpermits to facilities that do not otherwise meet federal permitting requirements but have received previous source operating permits from Philadelphia County or that meetthe following actual emissions criteria:

14Pollutant 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 operatingpermits; 

### 10. Best Available Technologypermittingrequirements inaccordance withDEP policies andprocedures for new andnewly modified sources that are not otherwise required to meetBACT or LAER as defined by EPA; and II. Permits for construction ofnew sources andmodification ofexisting sources. Philadelphia County shallparticipate in the regularly scheduled Title V and Engineering Services staffmeetings. Philadelphia County may use application forms oftheir owndesign, adapt orutilize the Department's forms to their use. Philadelphia County may continueto require permits for sources historically covered by the agency, even when those sources go beyond the criteria described inthe Department's published list ofPlanApproval and Operating Permit Exemptions. Withrespect to the processing ofmajor 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 emissionreduction credits (ERC) from sources in PhiladelphiaCounty are permanent, enforceable, quantifiable and surplus. Onsite inspections shall be conductedto verify shutdowns. Ifequipmenthas not been dismantled or removed, Philadelphia County shall annually receive certification ofthe continuance ofthe shutdown. Documentation sufficient for the registry and transfer ofERCs shall be providedto the Division ofPermits for entry in the ERC registry system. Withregard to Title V, Philadelphia County shall collect the emission fees prescribedin Section 127.705 and shall provide information needed by DEP to evaluate the adequacy ofthe fee revenues and the proper use ofsaid revenues.



### 15Title V operating pennits shall be issued by Philadelphia County in accordance withthe Implementation Agreementbetweenthe DEP and EPA, Region III. Title V operatingpermits shall follow the format DEP has developed in consultation withEPA. Thesepermits need not be produced through DEP's Air Information Management System but consideration shouldbe 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 bothagencies: 1. A copy ofall draft Title V permits sentto the EPA. 2. A copy ofall final Title V permits. 3. Copies ofother permits and plan approvals as requested. 4. A list ofemission fees collected from Title V facilities. 5. Anaccounting ofhow Title V emission fees were used ona calendar quarterly basis. This information shall be submitted within 30 days after the end ofthe calendar quarter and submitted no later than 100 days after the end ofeach agreementyear.

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### APPENDIXl Guidance for DeterminingWhich Facilities Belong in AIMS for Inventory Purposes These guidelines are a synthesis ofthe inventory requirements ofTitle V, the Annual Inventory, Emission Statements and other regulations that are part ofthe SIP. The Title V regulations are found in the Pennsylvania Code, Title 25, Chapter 127. The Annual Inventory regulation is found inthe Pennsylvania Code, Title 25, Chapter 135.1- 135.5. The Emission Statementregulation 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 ofthe September 21, 1996 PennsylvaniaBulletin. Facilities thatwishto generate ortrade Emission Reduction Credits (ERC) will need to document emissions. The annual inventory report is one way to document emissions. All facilities have the option ofsubmitting armual inventory reports for ERC purposes. Ifthe facility does not submit armual inventory data, the facility should at least maintain sufficientproduction records to be able to reconstruct emissions for ERC purposes. The emissions from any facility that is notrequired 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 ofAir Quality's Air Information Management Section at (717) 783-9241. Any emissions that are belowthe source reporting thresholds for facilities that are subjectto the annual inventory will be calculated by the Bureau ofAir Quality using emission factors. Facilities have the option ofsubmitting emission estimates for emissions belowthe source thresholds ifthe owner/operator ofthe company's estimate is betterthan the factorgenerated numbers. A. Title V Facilities The owners/operators ofall Title V facilities must complete the annual inventory reporting forms. Title V facilities are subject because by definition they exceedthe 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 permittreats multiple pieces ofrelated 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 ofHAPs, except for the HAPs ofspecial concemlistedbelow. Reports should round to the nearest one-hundredth ofa ton. All emissions must be reported source by source, not as site totals. HAPs must bereported individually (speciated). Source by source speciated reporting ofHAPs is required for Maximum Achievable Control Technology

17(MACT) purposes. In cases where HAPs are also VOCs orparticulates, do not subtractthe HAP emission estimates from theVOC orparticulate emission estimates. The subtraction will be dealtwith by the AIMS database. Based uponthe Federal Clean Air Act, Section 112(c)(6), certainpollutants and sources are ofspecial concern. The following thresholds apply for boilers greater than 2.5 MMBtu, incinerators, leadhandling 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 ofsources B. Synthetic Minor Facilities 0.01 TPY per source 0.01 TPY per source 0.01 TPYper source 0.00001 TPY per source 0.00001 TPY per source 0.0005 TPYper source 0.0001 TPY per source 0.01 TPY per source

NOx and VOC data maybe required for Emission Statements and ozone calculations. Synthetic minor facilities maybe required to complete annual inventory reporting forms when NOx and lorVOC emissions are generated. Facilities are subject ifactual VOC emissions are greaterthan or equal to 10 TPYfor the site and lor ifactual NOx emissions are greaterthan or equal to 25 TPY for the site. Actual emissions of 1.0 TPY or more per source must be reported for NOx and/orVOC, whichever made the facility subjectto repOlting. Reports should roundto thenearest one-hundredth ofa ton. All emissions mustbe reported source by source, not as site totals. For example, ifa facility has 12 TPYofactual VOC emissions and 20 TPY ofactual NOx emissions, the facility must report VOCs from any source that emitted 1TPY or more. Any sources thatemitNOx are not required to be reported, as the facility's NO, emissions are below thethreshold. Ifthe facility has 12 TPYofactual VOC emissions and 26 TPYofactual NOx emissions, the facility mustreport VOCs andNOx. Emission estimates for otherpollutants will be calculatedby DEP's AIMS database using emission factors associated with source classification codes (SCC). The facility owner/operator has the option ofreporting emission estimates for otherpollutants ifthe facility's estimates are better than the SCC-based calculations. Synthetic minor facilities must certify and/or demonstrate that the permit caps have not beenexceeded. 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 ofcompleting the annual inventory forms to demonstrate compliance with the caps for anypollutants. Ifthe facility does not submitannual inventory forms, the facility owner/operator must arrange with Philadelphia County or DEP regional stafffor an alternate

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### demonstration ofsynthetic minor status. The regional staffwill use the demonstration datato calculate site total emission estimates and enterthese estimates into AIMS. Ifan existing permit caps a specific source, emissions from the capped source would have to be reported separately from any site totals. Electronic submission ofalternate 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 ofnatural minor facilities with operating permits may be required to complete annual inventory reporting forms whenNOx and/or VOC emissions are generated. Facilities are subject ifactual VOC emissions are greater than or equal to 10 TPY for the site. Facilities are also subject ifactual 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 criteriapollutants and 0.5 tons peryear ofHAPs. Reports should round to the nearest one-hundredth ofa ton. 

### All emissions mustbe reported source by source, not as site totals. See the example for Synthetic Minors. Emission estimates for otherpollutants will be calculated by the AIMS database using SCCs. The facility has the optionofreporting emission estimates for other pollutants ifthe facility's estimates are better than the SCC-based calculations. Ifthe facility only generates SOx, PM, CO and/or HAPs, or ifthe facility generates NOx and VOC and both are belowthe 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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