# APPENDIX A

Documents Provided for Reference Purposes Only

Not for Approval in the SIP

Bureau of Air Quality Department ofEnvironmental Protection

## Table of Contents:

A

-1: 1998 Agreement for Implementation of the Allegheny County Air Pollution Control Program

A

-2: 2010 Agreement for Implementation of the Philadelphia County Air Pollution Control Program

A

-3: Air Pollution Control Act of 1959

A

-4: DEP Statewide 2013 Annual Network Review EPA Approval Letter

A

-5: Allegheny County 2013 Annual Network Review EPA Approval Letter

A

-6: Philadelphia County 2013 Annual Network Review EPA Approval Letter

# APPENDIX A

-1

1998 Agreement for Implementation of the Allegheny County Air Pollution Control Program

Bureau of Air Quality Department ofEnvironmental Protection

### [This page intentionally left blank

.]

### COMMONWEALTH OF PENNSYLVANIA DEPARTMENTOFENVIRONMENTAL PROTECTION BUREAUOFAIR QUALITY CONTROL

ALLEGHENYCOUNTYAIR QUALITYPROGRAM APPROVALWITH CONDITIONS

TheDepartmentofEnvironmentalProtection (DEP orDepartment)hereby approves theAllegheny CountyAir 

### QualityprogramunderSection 12 oftheAir 

### Pollution ControlAct (APCA), 35 P.S. §4012, subjectto thefollowing conditions:



### I. GENERAL CONDITIONS

a. Allegheny County

### willimplementtheAllegheny CountyAir

### Pollution ControlProgramin a mannerconsistentwiththeregulations containedinArticle XXI oftherules andregulations oftheAllegheny CountyHealthDepartment submittedto and approvedbytheDepartment alongwith any amendments to these rules andregulations approvedby the Department.

: b. Allegheny County shallimplementregulatory requirementspromulgated by theDepartmentapplicable to aircontamination sourcesincludingmobile sources locatedinAllegheny County. Allegheny County shall alsopromulgateregulations
to implementregulations promulgatedbytheDepartment. Allegheny County 

### will describe theprocess andtimingfor implementationoftheseregulationsin the AnnualProgramPlan.

c. Anyprovisions to thecontrarynotwithstanding, Allegheny County shall
notimplementthe Nitrogen Oxides Allowance Requirements program at 25 Pa. Code Sections 123.101 through 123.120. TheDepartment shallretain authorityto implementthisprogramfor sourceslocatedinAllegheny County. TheDepartment shall also retain authorityto implement anyregulatoryprograms developedto implementtheEPANO. StateImplementationPlan (SIP) callinPennsylvania including anyprogramto implementPhaseIII ofthe OzoneTransportCommission NOx 

### Memorandum ofUnderstanding.

d. Therequirementsfor notification, enforcement andprogram suspension

or rescission arecontainedin Section 12(c), (d), (e) and (f) 

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



### e. TheDepartment shallhave access 

### to andtherightto examine andcopy anypertinentbooks, documents, letters, reports orrecords relatedto theAllegheny CountyProgram.

1

### f. Under 25 

### Pa. Code §127.706(b), no laterthanNovember 15 ofeach year, Allegheny Countyshall submitto DEP a description oftheimplementation ofthe Allegheny CountyAir

### Pollution Control Programfor thefollowing calendaryear, includingtheTitle Voperatingpermitprogram, alongwith a detailed accounting of thecosts ofimplementation.

g. Allegheny County will, during a periodoftime agreeable to both Allegheny County andtheDepartment, work with theDepartmentto establish a procedureto provideAllegheny County's stationarypoint source informationto the Department'sAir

### Information ManagementSystem (AIMS) through theexchange ofdata. TheDepartment agrees to provide trainingandthenecessary supportto Allegheny County asneeded.

h. TheDepartmentwillprovideAllegheny Countywithpolicy andguidance documents andtechnicalinterpretationsrelatedto implementation ofthe Department's air 

### qualityprogram. Allegheny County shallhave an opportunityto comment duringthe development ofthese documents. Allegheny County shall follow thesepolicy andguidance documents andtechnicalinterpretationswhen implementingregulationspromulgatedby theDepartmentor, where applicable, to theimplementation ofappropriaterules andregulations orAllegheny County.

i. Until a Title V OperatingPermitsProgramImplementationAgreement is 

## (

executedbyAllegheny County, theDepartmentandtheU.S. Environmental ( . ProtectionAgency, Allegheny County agrees to implementtherequirements ofthe TitleV OperatingPermitsProgram ImplementationAgreement executedby the DepartmentandEPAapplicableinAllegheny County.

II. FINANCIALASSISTANCE

a. Allegheny County shallcollect theTitleV emission fees applicable to facilities locatedinAllegheny County under 25 

### Pa. Code Section 127.705 and shall provide information neededbytheDepartmentto evaluatethe adequacy ofthese fees andproperuse ofthefees.

b. Allegheny County shall deposit allTitleVfees collectedby the countyinto

a restrictedaccountestablishedby Allegheny County to implementtheTitle V program. Allinterestearnedon accountfunds shallbepaidtotherestricted
account. Fundsusedfrom this account shallbeusedexclusively to implementthe requirements oftheTitleVprograminAllegheny County.

c. Allegheny County agrees to designate a financial assistance officer who,

on itsbehalf, shallbetheprimarycontact with theDepartmentfor financial issues.

2 

## (

### d. Alistofemissionfees collectedfrom TitleVfacilities shallbe maintained Allegheny County.

e. An 

### accountingofhow TitleVemissionfees were expendedbyAllegheny County shallbeprovided

### to theDepartmenton a calendarquarterlybasis. This information shallbe submittedwithin 30 days aftertheendofthe quarter.

f. Audit

1. 

### Allegheny County shalluse generally accepted accounting proceduresfor allTitleVfees usingat a miuimuminvoices, subcontracts, timereports andemployee expensereports andshallkeep separate, appropriatebooks andrecords thatwillestablishthereceipt andexpenditure ofallTitle Vfees. Suchrecords shallbe retained andmade available for auditfor a periodofthree (3) years.

2. Allegheny County shall, on an annualbasis, on orbefore September 1, submitto theDepartment a financial auditofthe Title V restrictedaccount.



# m. ANNUAL PROGRAM PLAN

Allegheny County (County) shallsubmitan annualworkplan to the Departmentfor review. Theplan shalldescribehowthe County willimplementthe air

### pollution controlprogramfor thefollowing calendaryear andshallbe submitted by November 15 oftheprecedingyear. Theplan shallprovide a workload projectionfor thefollowing yearincludingbutnotlimitedto thenumberof construction andoperatingpermitsto beissued, thenumberofcompliance inspections to beconducted, thenumber ofcomplaints to beinvestigated, the number ofsource tests to be observed, and any other activities thatwould account for substantialworkloadfor theAllegheny County staff. Theplan shall also include major objectives/goals scheduled to be completed duringthefollowing year andtheexpectedcompletion dates.

IV. EMISSIONS REPORTING

Allegheny County shallimplement an emissions reportingprogram as follows:

Emission Inventory

Allegheny County shallmaintain a computerizedemissioninventoryfor all facilities that are classified as majorfacilities for TitleV, MCT, NSR orPSD and

3

### alsofor any othercategories offacilitiesidentifiedbyDEP. DEP willnotify Allegheny County ofanychanges to

### thelist atleast90 dayspriorto thenext ( reportingperiod and allow Allegheny County 60 daysfor review andcomment. Allegheny County shallupdatetheinventory atthefrequency specifiedin DEP's Rules andRegulations. Theinventory will have sufficient detailto determine the potentialand actualemissions andemission ratesfrom each sourcefor CO, NOx, SO" VOC, PMlO andthe Section 112(b) airtoxic pollutants. Theinventory shall detail actualemissionsfor each source on a monthlybasisunless otherwise agreed
upon by DEP andAllegheny County.

Emission Statements

Allegheny County shallrequire an annualemission statementfrom facilities thatemitVOC orNO•. Except as otherwiserequiredbyAllegheny County's regulations, if

### thefacility categoryislistedon theexemption listpublishedat 23 

### Pa. Bulletin 1994-1995, and any amendmentsto thatexemptions list, thenonly those facilities with an actualemission rate of25 tonsperyearor more ofVOC or NOx needto submit a statement. Theemission statementmustindicate the actual emissions ofVOC andNO., themethodusedto calculate the emissions, and a certificationby a company officer orplantmanagerthattheinformationis accurate. Facilities subjectto theEmission Statementregulation must also provide an estimateofthe averagepounds ofNO. andVOC emittedper day duringthe ozone

season (June

- August) for each source within thefacility. The averagepoundsper ( daymustnotbe dilutedby non-operationalperiods duringthe ozone season. The
statementshallberequiredbyMarch 1for theprecedingcalendaryear. Allegheny County shall enterthe actualemissions from eachfacility into the computerized emissioninventory on an annualbasis.

V. EMISSION REPORTING REQUIREMENTS

Allegheny County shallprovide thefollowing to DEP on an annualbasisin a methodmutually agreeduponbyboth agencies:

1. 

### Thenames ofallfacilities which provided emissioninventory and/or emission statementinformationfor theprecedingcalendaryear.

2. An 

### opportunityto review thecomplete emissioninventory/emission
statementforfacilities identifiedbyDEP. DEPwilluseAIMS tothe maximum extentpossiblefor thispurpose.

4 

## (

### VI. SOURCE MONITORING

Inspections

Allegheny Countyshallconduct atleastone LevelIIinspection, as definedby EPA, atthe ClassA andB facilities, as definedbyEPAinAIRS, selectedfor inspectioninthe annualplan.

Allegheny Countywillconductlow RVP gasoline, StageIIII andNESHAP asbestos removalinspectionsin accordance withthe annualplan. Inspection reports shouldclearlyindicatetheresults oftheinspections. Inspectors mustbe adequatelytrainedininspection methodsincludingbulk samplingtechniques (asbestos, fuel oil, VOC, etc.) andcertifiedto readvisible emissions in accordance withEPAMethod 9 orotherDEP approvedmethodsincludingproceduresprovided inthe SourceTestingManualestablishedbyAllegheny County and approvedby theDEPin writing.



### ComplaintHandling

Allegheny County shallhave a systeminplace to recordcomplaints and

ensurethatthey arerespondedto appropriately within a reasonable timeframe. Inspection reports shallclearlyindicatetheresults ofaninvestigation. Allegheny County shallnotify complainantsregardingthe outcome oftheircomplaints as appropriate.

VII. SOURCE MONITORINGREPORTING REQUIREMENTS

Allegheny County shallprovide thefollowing to DEP on a quarterlybasis, within 30 days aftertheendofeach quarter, using a methodmutually agreedupon byboth agencies. Forpurposes ofthis approval, thefirst calendar quarter will end

onMarch 31stunless specifically statedotherwise.

1. 

### Alistofthe Class A andB facilities inspected duringthecalendar quarter. Thelistshallincludethecompanyname, plantname, plant address andthe date oftheinspection.

2. The number of low RVP gasoline andStageIIIIinspections conducted duringthecalendarquarter.

3. Thenumber ofNESHAP asbestos removalnotificationsreceived andthenumber ofNESHAP asbestosinspections conducted duringthe calendar quarter.

5

### 4. The numberofcomplaints received andinvestigatedduringthe calendarquarter.

5. An

### opportunityto auditinspection reports which areto be identifiedbyDEP atleast 30 daysin advance.

VIII. ENFORCEMENT

Whennon-compliance with anyregulation containedinthePASIPis documented, AlleghenyCounty shalltakereal:Jonable andnecessary action to achievecomplianceincludingnotifyingtheoperatoroftheviolation andtaking enforcement action. DEPrecognizes the discretionarynatureofenforcement and,
to themaximum extentpossible, will

### relyon Allegheny County'sjudgmentin determiningwhatlevel ofenforcementis appropriate. If

### DEP determines that Allegheny Countyisunwillingorunableto resolve a violation, DEPmaypursue resolution ofthe violationin accordance with Section 12 oftheAPCA, 35 P.S. §4012, afterprovidingnotice to Allegheny County and an opportunityfor discussion between DEP andAllegheny County.

Allegheny Countywill

### provide enforcementinformation to EPAconsistent withits grantagreementwith EPAfor theyear. DEP will

### makeitscomputerized 

## (

compliance system availabletoAllegheny Countyfor thispurpose. (

IX. 

### ENFORCEMENTREPORTING REQUIREMENTS

Allegheny County shallprovide thefollowing to DEP quarterly, within 30 days aftertheendofthe quarter, using a methodmutually agreedupon by both agencies:

1. 

### Asummaryofthe enforcement actions takeninthatcalendar quarter.

2. Acopy ofany enforcementpolicy orpenaltypolicy revisedor created duringtheprecedingcalendar quarter.

3. An 

### opportunityto conduct a detailed auditofenforcement actions identifiedbyDEP.

6 

## (

### X. 

### AMBIENTAIRMONITORING

Allegheny County shallconduct an ambient air

### monitoringprogramwhich
meets therequirements of40 CFRPart58 (AmbientAir 

### Quality Surveillance).

Allegheny Countywill 

### develop a mechanism to provide theDepartmentwith real-time access toAllegheny County air

### monitoringdatabase asrequiredby DEP for access to air

### monitoring data andstandardreports. This capabilitywill 

### be jointlymanagedbyAllegheny County andtheDEP COPAMS staff.

XI. AMBIENTAIR MONITORING REPORTINGREQUIREMENTS

Allegheny County shallprovide thefollowing to DEPusinga method mutually agreeduponbyboth agencies:

1. 

### A quarterlyreportverifyingthe ambient air

### monitoring data submission to theEPAAIRS/ AQS database within 90 days afterthe endof the quarter. Thisreport shallinclude a summaryofthereporting sites and devices, thepercent datacapturefor each device, andthe associated quality

assurance statisticalreports (precision checks and audits) for datanot directly submittedto AIRS.

2. An 

### opportunityfor DEPto comment on the annual SLAMS network review (40 CFR 58.20d). Comments will

### beincludedinthe annualreview reportsubmittedto EPA along with any air

### monitoringnetwork modifications required and agreeduponbyAllegheny County andDEPin writing.

XII. STACKTESTING REQUIREMENTS

Each stacktestrequiredby Allegheny County shallmeetthe applicable requirements specifiedin25 

### Pa. Code Chapter 139 andDEP's Source Testing Manual andproceduresprovidedinthe Source TestingManualestablishedby Allegheny County thathavebeen approvedbytheDEP.

XIII. STACKTESTING REPORTINGREQUIREMENTS

Allegheny County shallprovide thefollowing to theDEP quarterly, within 30 days afterthe endofeach quarter, usinga methodmutually agreedupon byboth agencies:

7

### 1. Acopy ofthe quarterlyreport submittedto theEPAindicatingthe stacktestsperformedduringthe quarter, or some otherequivalentreport. (

2. An 

### opportunityto review stacktestinformationfor testsidentified byDEP which caninclude thetestreport summary,Allegheny County's decision regardingthe acceptability ofthetestresults, andAllegheny County's observationreport.

XIV. CONTINUOUS EMISSION MONITORING

Allegheny County shall, ata minimum, implement a continuous emission monitoringprogramin accordance with 25 

### Pa. Code Chapter 139 unless modifications oftherequirements are approvedbyDEPin writing.

XV. CONTINUOUSEMISSIONMONITORING REPORTING REQUIREMENTS

Allegheny County shallprovide a listofallmonitors approvedin the County. Allegheny County shallprovide thefollowing to DEP quarterly, within 30 days after theendofthe quarter,by a methodmutually agreeduponbyboth agencies:

1. 

### Alistofcontinuous emission monitors approved duringthe calendar quarter.

2. Alistofcontinuous emission monitors pending approval.

3. An 

### opportunity to auditthecomplete approvalfor continuous emission monitorsidentifiedby DEP.

XVI. AIR QUALITY PERMITTING

a. Allegheny County shallcontinuetoimplement an air

### contamination

source permittingprogram, as approvedbyDEP, thatis atleast as stringent asthe requirements of25 

### Pa. Code Chapter 127. Allegheny County'spermittingprogram shallconform to orbemore stringentthanthat ofDEP, andbeimplementedin accordance withDEPpolicies andprocedures, unless modifications are approvedby DEPinwriting. Allegheny County'spermittingprogrammaybe more stringent thanthe Department'spermittingprogram.

8 

## (

(

### b. Allegheny County'spermittingprogram shallinclude, at a minimum, the following program elements necessaryto 

### conductreviews and approve/denyplans
to construct, modify andoperate air

### contamination sources:

1. TitleVpermits;

2. SyntheticMinor sourcepermits;

3. NSPS sourcepermitsinconformance withEPA specifications;

4. PSD sourcepermitsinconformance withEPA specifications;

5. NSRreview andpermitting;

6. Operatingpermitsto facilities thatdo nototherwise meetfederal permittingthresholds, anddo notqualifyfor the exemptions published at 23 

### Pa. Bulletin 1994·1995 and any amendmentsto thatexemptions list.

7. MACT operatingpermits;

8. Section 111(d) ofthe Clean Air

### Act operatingpermits;

9. RACT operatingpermits;

10. BACT permittingrequirementsin accordance withDEPpolicies andprocedures or anymore stringentAllegheny Countypolicies and proceduresfor new andnewlymodified sources that arenot otherwise requiredto 

### meetBACT orLAER as definedbyEPA; and

11. Permitsfor construction ofnew sources andmodification of existing sources that do notqualifyfor theexemptionspublished at23 

### Pa. Bulletin 1994·1995 and any amendments to thatexemptions list.

c. Allegheny County shallparticipateinDEP's regularly scheduledTitle V andEngineering Services staffmeetings.

d. Allegheny County may use application forms oftheir own design, adaptor utilize the Department'sforms.

e. Thereview ofmajor sources new source reviewfor non·attainment pollutants, shallbeconducted in 

### accordance with 25 

### Pa. Code Chapter 127, SubchapterE requirements. Allegheny County shallverify thatemissionreduction credits (ERCs) from sourcesinAllegheny County arepermanent, enforceable, quantifiable and surplus. Onsiteinspections shallbeconductedto verify

9

### shutdowns. If

### equipmenthasnotbeen dismantledorremoved, Allegheny County shall annuallyreceive certification ofthecontinuance ofthe shutdown. ( Documentation sufficientfor theregistry andtransfer ofERCs shallbe providedto theDepartment'sBureauofAir 

### Quality Control, Division ofPermitsfor entry in 

### theERC registry system.

f. TitleVoperatingpermits shallbeissuedbyAllegheny County in 

### accordance withthe ImplementationAgreementbetweentheDEP, Allegheny County andEPA, Region ill. 

### TitleVoperatingpermits shallfollow theformat DEP has developed in

### consultation with EPAunless modifications are approvedby DEP andEPA ThesepermitsneednotbeproduceJthrough DEP'sAir

### Information Management System, butAllegheny Countywill

### consideritseventualuse.

XVII. AIR 

### QUALITY PERMITTING REPORTING REQUIREMENTS

a. Allegheny County shallprovide thefollowing to DEPby a method mutually agreed upon byboth agencies:

1. Copies ofall draft

### TitleVpermits sentto theEPA

2. Copies ofallfinal Title Vpermits.

3. Copies ofotherpermits andplan approvals requestedby DEP.

b. DEP shallhavetherighttocomment on orobject in 

### writingto the issuance ofallconstruction andoperatingpermitsproposedbyAllegheny County. The County shallrespondto allcomments. Allegheny County shallnotissue a permitifDEPobjects toitsissuance in

### writing. Allegheny County shallnotissue thepermituntilDEP withdrawsitsobjection when satisfiedthatAllegheny County hasresolvedthebasisfor theobjection.

October 30, 1998


### Date JamesM. Seif Secretary DepartmentofEnvironmentalProtection

10 

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(

# APPENDIX A

-2

2010 Agreement for Implementation of the Philadelphia County Air Pollution Control Program

Bureau of Air Quality Department ofEnvironmental Protection

### [This page intentionally left blank

.]

### AGREEMENTFORIMPLEMENTATION OF THE PHlLADELPHIA COUNTY AIRPOLLUTION CONTROLPROGRAM

THIS AGREEMENT is made this day of 2010, by and betweenthe Commonwealth ofPennsylvania, DepartmentofEnvironmental Protection (hereinafter called DEP ortheDepartment) and the CityofPhiladelphia Departmentof PublicHealth (hereinafter calledPhiladelphiaCounty).

WHEREAS, DEP is authorized under Section4(1) ofthe Act ofJanuary 8, 1960 (P.L.(1959) 2119), as amended, known as the AirPollution 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 Section4(18) ofthe APCA (35 P.S. §4004(18» to prepare and develop a general comprehensive plan forthe control and abatement ofexisting airpollution and air contamination and forthe abatement, control and prevention ofany new airpollution and aircontamination, recognizing varying requirements forthe 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 toimplement the provisions ofthe Clean AirAct and to control and abate air pollution and aircontamination; and,

WHEREAS, under Section 12(b) ofthe APCA (35 P.S. §4012(b», the administrativeprocedures forthe abatement, reduction, prevention and control ofair pollution set forth in the APCA shall not apply to any county ofthefirst class ofthe Commonwealth which has and implements an air pollution control program that, at a minimum, meetstherequirements ofthe APCA, the Clean Air Act and the rules and regulations promulgated underthe APCA and the Clean AirAct; and,

WHEREAS 25 Pa. Code §127.706 establishes a financial assistance programfor PhiladelphiaCounty and requires submission ofthe PhiladelphiaCountyprogramtothe DEP for review and approval; and,

WHEREAS, PhiladelphiaCounty has developed and implemented an air quality
programtomeetthe requirements ofthe Clean Air Act and the AirPollution Control Act and has previouslyreceived delegation from theEnvironmentalProtectionAgency (hereinafterEPA) for implementation ofNational Emission Standards for Hazardous Air Pollutants, New SourcePerformance Standards, Prevention ofSignificantDeterioration andNew SourceReview Programs, and has operated as aPennsylvania approved
program. '

1

### NOWTIIEREFORE, the parties heretointending tobelegally bound hereby agree as follows:



### I. 

### GENERAL CONDmONS

a. TheDepartment hereby approvesthePhiladelphiaCounty AirPollution Control Program (philadelphia CountyProgram) under Section 12(b) ofthe APCA (35 P.S. §4012(b».

b. Philadelphia Countywill implement thePhiladelphia County

### AirPollution Control Program in a manner consistentwiththeProgramDescription and ImplementationPlan attached hereto and incorporated herein as Attachments A and B respectively alongwith any amendments agreedtoby the parties. Changes tothe Program Description and ImplementationPlan may bemade by thepartieswithoutthe need to amend this Agreement.

c. Philadelphia County shall implement regulatory requirements, promulgated by the Department applicabletoPhiladelphiaCounty. PhiladelphiaCounty shall also promulgate regulations toimplement regulationspromulgated by the Department. Philadelphia Countywill describethe process and timing for implementation ofthese regulations inthe Annual Workload Projectionprepared as required inthe ImplementationPlan.

d. Any provisiontothe contrarynotwithstanding, Philadelphia County shall assist in implementingemissiontradingprograms adopted in 25 Pa. Code Chapter145

.(relatingtointerstatepollutiontransportreduction). The Departmentwill retain responsibility for allocating allowancesunder Chapter 145. Philadelphia County and the Department shall discuss implementationofEP A adoptedtradingprograms, 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 TheDepartment shall have access to and therightto examine and copy any pertinent books, documents, letters, reports orrecords relatedtothePhiladelphia County Program.

g. Under 25 Pa. Code §127

. 706(b), nolaterthanApril 30 ofeachyear, PhiladelphiaCounty shall submit toDEP a description ofthe implementation ofthe local air pollution control program during the current yearas described intheImplementation Plan, includingthe Title V operating permit programin the county along witha detailed accounting ofthe costs ofimplementation.

h. Philadelphia Countywill submit toDEPtheinformation required bythe ImplementationPlan attached hereto and incorporated herein as AttachmentB.



### 2

### i. Philadelphia Countywill, during a period oftime agreeabletoboth Philadelphia County and theDepartment, workwith theDepartment

### to establish a procedureto providePhiladelphiaCounty's stationary point sourceinformationtothe Department's AirInformationManagement System through the exchange ofdata. The Department agrees to provide training and thenecessary supporttoPhiladelphiaCounty

as needed.


### j. Until a TitleV OperatingPermitsProgramImplementation Agreement is executed byPhiladelphia County, the Department and theU.S. Environmental Protection Agency, Philadelphia County agrees to implementtherequirements ofthe Title V OperatingPermitsProgramImplementation Agreement executed bythe Department andEPA applicable inthePhiladelphia County area tothe extent that Philadelphia County is authorized to implementthat agreement.



### k. PhiladelphiaCountywill register and participate in DEPtraining regarding regulations, guidance, inspection procedures orother matters relevant tothe TitleV operating permit program.



### IT. FINANCIALASSISTANCE

a. TheDepartment may provide payment ofa portionofthe 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 notimplemented the TitleV program inthe manner substantially required bythis agreement.

c. Philadelphia Countywill usethis financial assistance only to coverthe reasonable direct and indirect costs ofadministeringthe operatingpermit program required by Title V ofthe Clean AirAct.

d. Philadelphia County shall deposit all Title V fees collected by the county and all financial assistanceprovided by theDepartmentinto a restricted account established byPhiladelphiaCountytoimplement the Title Vprogram. All interest earned on account funds shall bepaid tothe restricted accountin a manner consistentwith procedures established by theCity ofPhiladelphia Grants Accounting Unit and attached hereto and incorporated herein as AttachmentD.

e. Philadelphia County agreestodesignate a financial assistance officerwho, on its behalf, shall bethe primary contactwiththeDepartment for issues related to

### financial assistance duringthe duration ofthis Agreement.



### f Paymentprovisions.



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

### inwriting ona form approvedbytheDepartment. The Application shall bereceived by

3

### the deadline establishedbytheDepartment. TheApplication shall include a budget outlining anticipated expenses.

2. The approved Application forthefirst agreement year is attached to and made a partofthis agreement as Attachment C. Applications and budgets for subsequent contractyears shall be submittedbyPhiladelphia County for review and approvalbythe DepartmentonorbeforeMarch31 st 

### withoutthe need to amend this agreement.

3. Claims for payment must be submittedtotheDepartment withinthirty (30) days ofthe end ofeachquarter except forthe final quarter. Such claimwiII be submitted no laterthan 100 days afterthe 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 bytheDepartmentas soon asreasonably possible. The first claim for payment for the first agreementyearwill 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 authorityto spendthe funds made availablebythis Agreementfor theworkperformed, with allowance for deviation ofthe amounts allocated tothebudget categories so long asthetotalbudget
amount is not exceeded. However, DEP shall beinformed priorto any such deviation and shall have theright to approve/disapprove any reallocation greaterthan 10% ofthe total annual amount in any year.

6. Except asotherwiseprovided in Section

## n, theDepartment shall provide financial assistancetoPhiladelphiaCounty inthe quarterly amounts approved by theDepartment inthebudget ofeach annual Application.

7. Upon request bythe County, theDepartment may increase the financial assistance for each agreementyear. Tobevalid, anyrequesttoincrease the funding for a agreement year must be inwriting and approvedbytheDEPDeputy SecretaryofAir, Recycling, and RadiationProtection, DEP Agency Attomey, andthe DEP Comptroller. Withoutthe duly authorized funding increase, theDEPobligationtoPhiladelphiaCounty shall not exceed the authorized funding previously approved accordingtothe approved application for each annual agreement period.

g. Audit.

1. 

### Philadelphia County agreesto account for all Title V fees and financial assistance funds using invoices, subcontracts, time reports and employee expense reports and tokeep separate, appropriatebooks and recordsthatwill establishthereceipt and expenditure ofall Title V fees andFinancial Assistance. Such records shall beretained



### 4

### and 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 submittotheDepartment

a financial audit, in accordancewith the "Single Audit" report issuedbytheFinance 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.

5

### INWITNESS 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

PatrickK. 0 'Neill Divisional DeputyCity Solicitor

# Date:-,-I_U-lf,-,-f+/-,,~,--O-,-(_f) __ _ COMMONWEALTHOF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PRO TION

enneth R. ReIsinger, lng Deputy Secretary for

aste, 

### Air and RadiationManagement

CITY AND COUNTYOF PHILADELPHIA DEPARTMENT OFPUBLIC 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 inthe amount of 

### $700,000 areavailableunderAppropriation 

### 6600400-3522709000-3527027654-2007710000

### PHILADELPHIADEPARTMENT OFPUBLICHEALTH PUBLIC HEALTHSERVICES DIVISION AIRMANAGEMENT SERVICES

ATTACHMENTA

PROGRAMDESCRIPTION

I. Program Authority andResponsibility

.................................................. 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 ServiceLocations

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

............................................................ 7

I. 

### ProgramAuthority and Responsibility

The AirManagement Services (AMS) component ofthe Philadelphia Department of Public Health is the local airpollution control agencyfor the City and County ofPhiladelphia, AMS programs are conductedunder authorityprovidedby the PhiladelphiaHome Rule Charter, PhiladelphiaCode, the Pennsylvania

### AirPollutionControl Act, and the federal CleanAir Act. AMS is responsible for the prevention, abatement and control ofair pollution and air pollution nuisances, as requiredto achieve and maintain federal national ambient airquality 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 thepublic includereview and evaluation ofplans for proposed new and modified sources ofair contaminantemissions; issuance offacility operating permits for approved sources; conducting facility compliance inspections, including source testing and the taking ofsamples; responding to community complaints ofair pollution andodors; citing violations where observed; and initiating timely and appropriate enforcement actions to resolve violations. AMS also operates a citywide air monitoring networkthat continuously samples Philadelphia's air quality for compliance with federal standards, and provides daily information

on airquality to thepublic throughthe 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

1

### resolve noise and vibration problems; and initiating appropriate enforcement action as required. AMS activities to control the public's exposureto asbestos include reviewof applications andnotifications for proposed asbestos abatementprojects; issuance ofpermits for approvedprojects; conducting inspections atprojectwork sites; responding to public inquiries andcomplaints regarding asbestos; citing violations ofapplicable standards andworkpractices; and taking appropriate enforcementactions. AMS also reviews license and certification applications for asbestos contractors, asbestos project inspectors, asbestos investigators, and analytical laboratories, and conducts audits atprojectwork sites to monitor compliance with the state's asbestos worker certificationrequirements.

III. Program Organization

Organizationally, AMS is comprised oftwo central support groups, Administrative Services and Program Services, andtwo operating groups, Regulatory Services and Technical Services, eachreporting to the AMS Program Director. The compositionand function ofeachorganizational group is describedbelow.

IV.Program Support Services

A. AdministrativeServices

The Administrative Services group is responsible for providing centralized administrative and organizational support related to the development, allocation and management ofagency funding, personnel, and otherprogram resources. Administrative Services provides oversight and coordination ofcertain decentralized administrative support functions associated with agency operating units. Areas ofresponsibility include implementationofadministrativepolicies andprocedures; budget and revenues management;
contracts and grants management; facilities and fleet management; personnel management; organizational development andworkforce 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 consistentwith, and responsive to, needs and demands imposed by federal and state requirements, regional initiatives, and local government and community concerns. A significantpartofProgram Services' supportrole involves the establishmentofappropriate operations management and information systems necessary to the effective functioning ofthe AMS program. Areas ofresponsibility include agency strategic planning; inter- and intra-agencyprogramcoordination and integration; preparation andprocessing ofrevisions to the Philadelphia-portion ofthe Pennsylvania State ImplementationPlan (SIP) for Air Quality; management ofemission inventory and facility compliance databases; mobile source emissions andrelated transportation project

2

### assessments; air quality simulationmodeling; and development andpreparation 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 supportinthe use ofhardware and software. Program Services

serves as atechnical 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 preventionand 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: installationpermits and operating licenses, as required under the Philadelphia Code; plan approvals and operating permits, as requiredunder 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 underthe federal Clean Air Act. State and federal permitrequirements are administered and enforced locallypursuantto state and federal delegations ofauthority made to the City ofPhiladelphia. Source Registration is also responsible forissuance of source or facility permit and license approval documents, as well as for conducting appropriatepublic notification andpublic involvement activities as may pertainto applications underreview, including the holding ofpublic and administrative hearings, and the preparation ofresponses to comments received from the public. To minimize redundancy andpaperwork burdens, Source Registration attempts, whereverpossible, to consolidate local permitrequirements withany state/federal permitrequirements 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 stacktests, 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. Stacktests and CEMS must comply with 25 Pa. Code 

### Chapter 139, the Pennsylvania SourceTestManual, 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 oflocal, state and federal regulatory requirements applicableto 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 vibrationnuisances; and for pursuing appropriate enforcement actions to resolve violations, including entering into compliance agreements, filing for court-ordered consent decrees, and seeking injunctive actions incases posing imminent endangermentto 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 datacollection 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 andprocess materials, and engineering estimates and material balances. Compliance Assurance field inspectors, working in cooperationwiththe engineering staff, assist inperforming compliance inspections for minor sources, inaddition to their duties relatedto 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 relatedto 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 PeunsylvaniaDepartmentof Environmental Protection (DEP), and the city's Environmental TaskForce; 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 andthe 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, viainteragency agreement, local compliance oversight for the P A DepartmentofLabor & 

### 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 providespublic distribution ofinformationpertaining to asbestos control program activities and requirements, as well as asbestos-relatedhealth and safety advisory information for residents, school students, and building maintenance workers.

B. 

### Technical Services



### The AMS Technical Services group, based atthe 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 beingplanned 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 whichthe U.S. EPA has established NAAQS

- consisting ofOzone, SulfurDioxide, 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 overtelephone 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, orTTP) program run by EPA Office ofAir Quality Planning and Standards (OAQPS). OAQPS runs the PM2.5 performance evaluationprogram for AMS. Air Monitoring also maintains and calibrates portable sampling equipmentused by inspectional staffwithin AMS' Regulatory Services and also that used bythe Philadelphia Fire Department inresponding emergency situations.

2. Computer Center



### The Computer Center is responsible for providing dataprocessing 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 developmentand 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 atthe 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 auditequipment. The Calibrationunit also performs quarterly audits onparticulate monitors. Responsibilities extend to general troubleshooting andmaintenance 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 leadplus sevenothertrace 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 onprecipitation samples collected during significant rainfall events, and conducts analyses ofsulfur content in fuel oil samples taken to monitor compliance withthe city's sulfur-in-fuel regulations. The unit is also responsible for performing general microscopy work relatedto identification and analysis ofasbestos inbulk material samples collected by inspectors in the Asbestos Control unit; identificationofparticulate samples taken from areas impacted by soot falls, or other excessive particle deposition incidents, for
purposes ofdetermining possible responsible sources; and for providing pollencounts during the ragweedpollen season.

The AirToxics unitis 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 performedby high pressure liquid chromatography (HPLC). Airfilters from 5 sites are sentto WestVirginiafor analysis ofsevenmetals (Arsenic, Beryllium, Cadmium, Chromium, Lead, Manganese, andNickel). The AirToxics unithas also beeninvolved inproviding sample collection and analytical support to community
exposure assessments and other special studies related to measuring ambient concentrations ofcertaintoxic organic compounds inthe vicinity ofindustrial orcommercial sources.



### VI. Program Resources

A. Program Service Locations

AMS Central Office: 321 University Avenue, 2ndFloor 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 Class400

- 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



### 8TitleV 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 planto 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 thatthe calendar year shall be used. The plan shall provide a workload projection for the following year including but not limited to the number ofplanapprovals 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 PhiladelphiaCounty staff. The plan shall also include major objectives/goals scheduled to be completed during the following year andthe expected completion dates. The plan shall be ina 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 listofcategories 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 

### andthe Section 112(b) air toxic pollutants. The inventory shall detail actual throughput rates for each source on a monthly basis unless otherwise agreed uponby DEP and Philadelphia County.

Emission Statements

Philadelphia County shall require an annual emission statement from facilities which emitVOC 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 emissionrates ofVOC and NOx, 

### the method used to calculate the emissions, and a certificationby a company officer or plant manager that the informationis accurate. The

10

### averagepounds perday mustnotbe diluted by non-operationalperiods duringthe 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.

EMISSIONREPORTING REQUIREMENTS



### Philadelphia County shall providethe following to DEP on an annual basis using a method mutually agreed uponbyboth agencies:

1. 

### The names ofall facilities whichprovided emission inventory and/or emission
statement information for thepreceding calendar year.

2. An

### opportunityto reviewthe complete emissioninventory/emission statement for facilities identifiedby DEP. DEP will use AIRS to the maximum extent possible for this
purpose. However, AMS is encouraged to use the DEP'sAir InformationManagement System (AIMS) to meetthis requirement.

SOURCE MONITORING

Inspections



### PhiladelphiaCounty shall conductatleastone Full Compliance Evaluation (FCE) inspection at the Class A facilities and at least one general inspection at the Class B facilities selected for inspection inthe 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 mustbe adequately trained in inspection methods including bulk samplingtechniques (asbestos, fuel oil, VOC, etc.) and certifiedto read visible emissions in accordance withEPAMethod 9 orotherPADEP approvedmethods.

ComplaintHandling



### Philadelphia County shall have a system in place to record complaints and ensure that they areresponded to appropriately within a reasonable time frame. Inspectionreports should clearly indicatetheresults ofaninvestigation. PhiladelphiaCounty shall notify complainants regardingthe outcome oftheir complaints as appropriate.

SOURCEMONITORING REPORTING REQUIREMENTS



### Philadelphia County shall providethe 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

11

### list shall includethe company name, plant name, plant address and the date ofthe inspection.

2. The number ofStage VII inspections conductedduring the calendar quarter.

3. The number ofNESHAP asbestosremoval 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 judgmentin determining what level ofenforcement is appropriateto the maximum extent possible. IfDEP determines that Philadelphia County is unwilling orunable to resolve a violation, DEP may pursue resolution oftheviolation in accordance with Section 12 ofthe PennsylvaniaAir Pollution Control Act.

PhiladelphiaCountywill provide enforcement informationto EPAconsistent 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 orpenaltypolicyrevised 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 conductan ambient air monitoringprogramwhich meets the requirements of40 CFRPart 58 (Ambient Air Quality Surveillance).

12

### Philadelphia County will provide and maintainreal-time access to PhiladelphiaCounty airmonitoring database as required by DEP for access to air monitoring dataand standard reports.

AMBIENT AIRMONITORINGREPORTING REQUIREMENTS

PhiladelphiaCounty shall providethe following to DEP using a methodmutually agreed
upon by both agencies:

1. 

### A calendarquarterly report (Quicklook CriteriaParameters 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 afterthe end ofthereportcalendar quarter. This report shall include a summary ofthe reporting sites and devices, the percent data capture for each device, andthe associatedquality assurance statistical reports (precision checks and audits). Data submittedfor the PAMS (enhanced ozoneprecursor monitoring) network will notbe includeduntil notification is provided by DEP to Philadelphia County. At least 90 days notice will be provided by DEP when PAMS datais to be added to this requirement.

2. An

### opportunity for DEP to comment onthe annual SLAMS networkreview(40 CFR 58.20d). Comments will be included inthe annual review report submitted to EPA along with
any air monitoring networkmodifications required and agreeduponby Philadelphia County and DEP.

3 . Provide a copy ofthe ambientmonitoring5-yearnetwork assessment documentthat is submittedto EPAunderthe requirements of40 CFRPart 58, SubpartB, Section 58.10(d) starting withthe first assessmentdue onJuly 1, 2010.

STACKTESTING REQUIREMENTS

Each stacktest required by PhiladelphiaCounty shall meetthe applicable requirements specified in 25 Pa. Code 

### Chapter 139 and the latestversion ofDEP's Source Testing Manual.

STACKTESTING REPORTINGREQUIREMENTS

Philadelphia County shallprovidethe following to the DEP quarterly, within 30 days afterthe end ofeach calendarquarter, using a methodmutually agreed upon by both agencies:

1. 

### A copyofthe calendar quarterly report submitted to the EPA indicatingthe tests performed during the calendar quarter, or some otherequivalentreport.

2. An

### opportunityto review stacktestinformationfor tests identifiedby DEP whichcan include the test report summary, Philadelpliia County's decisionregarding the acceptability ofthe test results, and Philadelphia County's observationreport.

13

### CONTINUOUS EMISSION MONITORING



### Philadelphia County shall conduct a continuous emissionmonitoring program in accordance with 25 Pa. Code 

### Chapter 139 unless modifications ofthe requirements are approved by DEP inwriting.

CONTINUOUS EMISSION MONITORING REPORTING REQUIREMENTS



### Philadelphia County shall provide a list ofall monitors approved at the time the Philadelphia CountylDEP Implementation Agreement is signed. PhiladelphiaCounty shall provide the following to DEP quarterly, within 30 days after the end ofeachcalendarquarter, in a method mutually agreedupon by both agencies:

1. A list ofcontinuous monitors approved during the calendar quarter.

2. A list ofcontinuous monitors pending approval.

3. 

### An opportunity to auditthe complete approval for continuous monitors identifiedby DEP.

AIR QUALITY PERMITTING



### PhiladelphiaCounty shall continueto implement anaircontamination sourcepermitting
program, as approvedby DEP, thatis at least as stringent as the requirements of25Pa. Code 

### Chapter 127. Philadelphia County's permittingprogram 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 byDEP;

6. Operatingpermits to facilities that do not otherwise meet federal permitting requirements buthave received previous source operating permits from Philadelphia County or thatmeetthe following actual emissions criteria:

14

### 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 operatingpermits;



### 10. BestAvailable Technologypermittingrequirements inaccordance withDEP policies andprocedures for new andnewly modified sources that are not otherwise requiredto meetBACTor LAER as defined byEPA; 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 listofPlanApproval 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. PhiladelphiaCounty shall verify that emissionreduction credits (ERC) from

sources in PhiladelphiaCounty arepermanent, enforceable, quantifiable and surplus. Onsite inspections shall be conductedto verify shutdowns. Ifequipmenthas not been dismantled or removed, PhiladelphiaCounty shall annuallyreceive certification ofthe continuance ofthe shutdown. Documentation sufficient for the registry and transfer ofERCs shall beprovidedto the Division ofPermits for entry in the ERC registry system.

Withregard to TitleV, PhiladelphiaCounty shall collectthe emission fees prescribedin Section 127.705 and shallprovide informationneeded by DEP to 

### evaluatethe adequacy ofthe fee

revenues andtheproperuse ofsaidrevenues.



### 15

### Title V operating pennits shall be issuedby PhiladelphiaCounty in accordance withthe ImplementationAgreementbetweenthe DEP and EPA, Region III. Title V operatingpermits shall follow the format DEP has developed in consultationwithEPA. Thesepermits neednot be produced through DEP's Air InformationManagement System butconsideration shouldbe given
to its eventual use.



### AIR QUALITY PERMITTING REPORTING REQUIREMENTS

PhiladelphiaCounty shall providethe following to DEP using a methodmutually agreed
uponbybothagencies:

1. A copy ofall draftTitle V permits sentto the EPA.

2. A copy ofall final Title V permits.

3. Copies ofother permits and planapprovals as requested.

4. A list ofemission fees collected from Title V facilities.

5. 

### Anaccounting ofhowTitle V emission fees were used ona calendar quarterly basis. This information shall be submitted within 30 days afterthe end ofthe calendar quarter and submitted no later than 100 days after the end ofeach agreementyear.

16

### 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 inthe PennsylvaniaCode, 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 onpage 4559 ofthe September 21, 1996 PennsylvaniaBulletin.

Facilities thatwishto generate ortrade Emission ReductionCredits (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 leastmaintain sufficientproduction recordsto be able to reconstruct emissions for ERCpurposes.

The emissions from any facility that is notrequired to submit armual inventory forms are captured inthe area source inventory, which is calculated using demographics and emission factors. For information onarea source inventory, contact the Bureau ofAir Quality's Air Information Management Section at (717) 783-9241.

Any emissions that are belowthe sourcereporting thresholds for facilities that are subjectto the annual inventory will be calculated by the Bureau ofAir Qualityusing emission factors. Facilitieshave the option ofsubmitting emission estimates for emissions belowthe

sourcethresholds ifthe owner/operator ofthe company's estimate is betterthanthe factorgenerated numbers.

A. Title V Facilities



### The owners/operators ofall Title V facilities must complete the annual inventory reporting forms. Title V facilities are subjectbecause by definition they exceedthe reporting thresholds inthe 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 inthe Title V permit. In some cases, the Title V permittreats multiple pieces ofrelated equipment as one

source. This treatment is negotiated betweenthe facility and DEP inventory and permit staff. Actual emissions of 1.0 tons per year or more per source mustbereported for all criteria pollutants and 0.5 tons per year ofHAPs, except for the HAPs ofspecial concemlistedbelow. Reports should roundto the nearest one-hundredth ofa ton. All emissions mustbereported

source by source, not as site totals. HAPs must bereported individually (speciated). Sourceby

source speciated reporting ofHAPs is required for MaximumAchievable Control Technology

17

### (MACT) purposes. In cases where HAPs are also VOCs orparticulates, do notsubtractthe HAP emission estimates from theVOC orparticulate emissionestimates. The subtraction will be dealtwithby the AIMS database.

Based uponthe Federal CleanAir 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 TPYper source 0.01 TPYper source 0.01 TPYper source 0.00001 TPY per source 0.00001 TPY per source

0.0005 TPYper source 0.0001 TPYper source 0.01 TPYper source

NOx and VOC data maybe required for Emission Statements andozone calculations. Syntheticminorfacilities maybe requiredto 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 ifactualNOx emissions are greaterthan or equal to 25 TPY for the site. Actual emissions of 1.0 TPYormore per source mustbe reported for NOx and/orVOC, whichevermadethe facility subjectto repOlting. Reports should roundto thenearestone-hundredth ofa ton. All emissions mustbereported sourceby

source, not as site totals.

For example, ifa facility has 12 TPYofactualVOC emissions and 20 TPY ofactual NOx emissions, the facility mustreport VOCs from any source that emitted 1TPY or more. Any

sources thatemitNOx are notrequired to be reported, as the facility's NO, emissions arebelow thethreshold. Ifthe facility has 12 TPYofactual VOCemissions and 26 TPYofactual NOx emissions, the facility mustreportVOCs andNOx.

Emission estimates for otherpollutants will be calculatedbyDEP's AIMS database using emissionfactors associatedwith source classification codes (SCC). The facility owner/operator hasthe option ofreporting emissionestimates for otherpollutants ifthe facility's estimates are better than the SCC-basedcalculations.

Synthetic minorfacilities mustcertify and/or demonstrate thatthe permitcaps 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 optionofcompleting 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 withPhiladelphia County or DEP regional stafffor an alternate

18

### 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 datamay not be possible.



## c. Natural Minor with a State Operating Permit



### NOx andVOC 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 orequal to 25 TPY for the site. The facility owner/operator must report onlyNOx and/or VOCs, whichever made the facility subject to reporting. Actual emissions of 1.0 tonper year ormore 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 calculatedby 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 subjectto the inventory.

D. Natural Minors Exempted from State Operating Permit



### These facilities are notrequiredto submit annual inventory forms. The emissions from these facilities are captured in the areasource inventory.

19

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.]

# APPENDIX A

-3

Air Pollution Control Act of 1959

Bureau of Air Quality Department ofEnvironmental Protection

### [This page intentionally left blank

.]Codified in Pennsylvania Statutes and Consolidated Statutes Annotated Title 35, Chapter 23 -Air Pollution
Downloaded from Pennsylvania General Assembly Web site: http://www.legis.state.pa.us/onApril 1, 2014

AIR POLLUTION CONTROL ACT Act of Jan. 8, (1960) 1959, P.L. 2119, No. 787 AN ACT C1. 35

To provide for the better protection of the health, general welfare and property of the people of the Commonwealth by the control, abatement, reduction and prevention of the pollution of the air by smokes, dusts, fumes, gases, odors, mists, vapors, pollens and similar matter, or any combination thereof; imposing certain powers and duties on the Department of Environmental Resources, the Environmental Quality Board and the Environmental Hearing Board; establishing procedures for the protection of health and public safety during emergency conditions; creating a stationary air contamination

source permit system; providing additional remedies for abating air pollution; reserving powers to local political subdivisions, and defining the relationship between this act and the ordinances, resolutions and regulations of counties, cities, boroughs, towns and townships; imposing penalties for violation of this act; and providing for the power to enjoin violations of this act; and conferring upon persons aggrieved certain rights and remedies. (Title amended Oct. 26, 1972, P.L.989, No.245)
Compiler's Note: Section 502(c) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Environmental Quality Board shall have the powers and duties currently vested in it, except as vested in the Department of Conservation and Natural Resources by Act 18 of 1995, which powers and duties include those set forth in Act 787 of 1959.

TABLE OF CONTENTS

Section 1. Section 2. Section 3. Section 4. Short Title. Declaration of Policy. Definitions. Powers and Duties of the Department of

Section Section Section Section Section Section Section Section Section Section Section Section

Section Section Section Section Section Section Section Section Environmental Protection. 4.1. Agricultural Regulations Prohibited. 4.2. Permissible Actions. 4.3. Evaluation. 5. Environmental Quality Board. 6. Environmental Hearing Board. 6.1. Plan Approvals and Permits. 6.2. Emergency Procedure. 6.3. Fees. 6.4. Fee for Certain Ozone Areas. 6.5. Acid Deposition Control. 6.6. Hazardous Air Pollutants. 6.7. Control of Volatile Organic Compounds from Gasoline-Dispensing Facilities (Repealed) 7. Public Hearings. 7.1. Compliance Review. 7.2. Permit Compliance Schedules. 7.3. Responsibilities of Owners and Operations. 7.4. Interstate Transport Commission. 7.5. Public Review of State Implementation Plans. 7.6. Advice to Department. 7.7. Small Business Compliance Assistance Program.Section section Section Section Section Section Section section section Section Section Section Section Section section Section

Section Section Section section Section Section

Section Section Section Section Section 7.8. Compliance Advisory Committee. 7.9. Small Business Ombudsman. 7.10. Transportation Management Associations. 7.11. Notice of Sanctions. 7.12. Missed Federal Deadlines. 7.13. Air Quality Improvement Fund (Repealed). 8. Unlawful Conduct. 9. Penalties. 9.1. civil Penalties. 9.2. Disposition of Fees, Fines and Civil Penalties. 9.3. Continuing Violations. 10. Civil Remedies (Repealed) 10.1. ,Enforcement Orders. 10.2. Appealable Actions. 10.3. Limitation on Action. 11. Powers Reserved to the Department Under Existing Laws. 12. Powers Reserved to Political Subdivisions. 12.1. Construction. 13. Public Nuisances. 13.1. Search Warrants. 13.2. Confidential Information. 13.3. Existing Rules, Regulations, Permits and Approvals (Repealed). 13.4. 13.5. 13.6. 14. 15. Public Nuisances (Repealed). Variances (Repealed). Suits to Abate Nuisances and Restrain Violations. Severability. Effective Date.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

section 1. Short Title.--This act shall be known and may be cited as the "Air Pollution Control Act." Section 2. Declaration of Policy.--(a) It is hereby declared to be the policy of the Commonwealth of Pennsylvania to protect the air resources of the Commonwealth to the degree necessary for the (i) protection of public health, safety and well-being of its citizens; (ii) prevention of injury to plant and animal life and to property; (iii) protection of the comfort and convenience of the public and the protection of the recreational resources of the Commonwealth; (iv) development, attraction and expansion of industry, commerce and agriculture; and (v) implementation of the provisions of the Clean Air Act in the Commonwealth. (b) It is further declared that: (1) Interstate pollution transport commissions established under the Clean Air Act should develop pollution control strategies via a process which involves public review and opportunity for comment. (2) The public should be involved in developing and committing the Commonwealth to the adoption of particular pollution control strategies through review of State implementation plans required to be submitted by the Clean Air Act. (3) The department should have adequate staff and technical

resources needed to comply with the Clean Air Act. The department shall be required to explore the role private industry can play in developing and implementing the clean air programs as a mechanism to insure the Commonwealth meets Clean Air Act deadlines.(4) states should not be penalized for missing Clean Air Act deadlines when the delay is the result of the Federal Government not finalizing guidance to states on implementing the act. The Commonwealth and other states must be given a reasonable opportunity to meet Clean Air Act deadlines. (2 amended July 9, 1992, P.L.460, No.95) Section 3. Definitions.--The following words and phrases, when used in this act, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section: "Administrator." The Administrator of the United States Environmental Protection Agency. "Air contaminant." Smoke, dust, fume, gas, odor, mist, radioactive substance, vapor, pollen or any combination thereof. "Air contamination." The presence in the outdoor atmosphere of an air contaminant which contributes to any condition of air pollution. "Air contamination source,ll Any place, facility or equipment, stationary or mobile, at, from or by reason of which there is emitted into the outdoor atmosphere any air contaminant. "Air pollution." The presence in the outdoor atmosphere of any form of contaminant, including, but not limited to, the discharging from stacks, chimneys, openings, buildings, structures, open fires, vehicles, processes or any other source of any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic, hazardous or radioactive substances, waste or any other matter in such place, manner or concentration inimical or which may be inimical to the public health, safety or welfare or which is or may be injurious to human, plant or animal life or to property or which unreasonably interferes with the comfortable enjoyment of life or property. "Approved air pollution control agency." An air pollution control agency of any political subdivision of the Commonwealth which has been granted approval by the Environmental Quality Board. !'Board" or 'IEQB." "Clean Air Act.'! 7401 et seq. The Environmental Quality Board. Public Law 95-95 as amended, 42 U.S.C. §

"Department." the Commonwealth. The Department of Environmental Resources of

"Environmental Protection Agency" or "EPA." The United States Environmental Protection Agency or the Administrator of the United States Environmental Protection Agency. "Gasoline-dispensing facility." A facility from which gasoline is transferred to motor vehicle fuel tanks. "Hearing board." The Environmental Hearing Board. "Person." Any individual, public or private corporation for profit or not for profit, association, partnership, firm, trust, estate, department, board, bureau or agency of the Commonwealth

or the Federal Government, political subdivision, municipality, district, authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. "Plan approval." The written approval from the Department of Environmental Resources which authorizes a person to construct, assemble, install or modify any stationary air contamination source or install thereon any air pollution control equipment or device. "Region." Any geographical subdivision of the Commonwealth whose boundaries shall be determined by the Environmental Quality Board."Small business stationary source." A stationary source that: (1) is owned or operated by a person that employs one hundred (100) or fewer individuals; (2) is a small business as defined in the Small Business Act (Public Law 85-536, 15 U.S.C. § 78a et seq.); (3) is not a maj or stationary source; (4) does not emit fifty (50) tons per year of any regulated pollutant; and (5) emits less than seventy-five (75) tons per year of all regulated pollutants. "State implementation plan." The plan or plan revision that

a state is authorized and required to submit under section 110 of the Clean Air Act (Public Law 95-95 as amended, 42 U.S.C. § 7410) to provide for attainment of the national ambient air quality standards. "Stationary air contamination source." Any air contamination

source other than that which, when operated, moves in a given direction under its own power. (3 amended July 9, 1992, P.L.460, No.95)

Compiler's Note: The Department of Environmental Resources, referred to in the def. of "department," was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection. section 4. Powers and Duties of the Department of Environmental Protection.--The department shall have power and its duty shall be to--(Hdg. amended July 5, 2012, P.L.1109, No.135) (1) Implement the provisions of the Clean Air Act in the Commonwealth. (2) Enter any building, property, premises or place and inspect any air contamination source for the purpose of investigating an actual or a suspected source of air pollution

or for the purpose of ascertaining the compliance or non-compliance with this act, any rule or regulation promulgated under this act or any plan approval, permit or order of the department. In connection with such inspection or investigation, samples of air, air contaminants, fuel, process material or other matter may be taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person who is suspected of causing such air pollution or air contamination. (3) Have access to, and require the production of, books, papers and records, including, but not limited to, computerized information in a format as the department may reasonably prescribe pertinent to any matter under investigation. (4) Require the owner or operator of any air contamination

source to establish and maintain such records and make such reports and furnish such information, including computerized information in a format as the department may reasonably prescribe. (5) Require the owner or operator of any air contamination

source to install, use and maintain such air contaminant monitoring equipment or methods as the department may reasonably prescribe. (6) Require the owner or operator of any air contamination

source to sample the emissions thereof in accordance with such methods and procedures and at such locations and intervals of time as the department may reasonably prescribe and to provide the department with the results thereof.(7) Enter upon any property on which an air contamination

source may be located and make such tests upon the source as
are necessary to determine whether the air contaminants being emitted from such air contamination source are being emitted at a rate in excess of a rate provided for by this act, any rule or regulations promulgated under this act or any plan approval, permit or order of the department or otherwise causing air pollution. Whenever the department determines that a source test is necessary, it shall give reasonable written or oral notice to the person owning, operating, or otherwise in control of such source, that the department will conduct a test on such

source. Thereafter, the person to whom such notice is given shall provide such reasonably safe access to the testing area, and such sampling ports, facilities, electrical power and water

as the department shall specify in its notice. (8) Receive, initiate and investigate complaints, institute and conduct surveys and testing programs, conduct general atmospheric sampling programs, make observations of conditions which mayor do cause air pollution, make tests or other determinations at air contamination sources, and assess the degree of abatement required. (9) (i) Issue orders to any person owning or operating an air contamination source, or owning or possessing land on which such source is located, if such source is introducing or is likely to introduce air contaminants into the outdoor atmosphere in excess of any rate provided for by this act, any rule or regulation promulgated under this act or any plan approval or permit applicable to such source, or at such a level so as to

cause air pollution. Any such order may require the cessation of any operation or activity which is introducing air contaminants into the outdoor atmosphere so as to cause air pollution, the reduction of emissions from such air contamination source, modification or repair of such source or air pollution control device or equipment or certain operating and maintenance procedures with respect to such source or air pollution control device or equipment, institution of a reasonable process change, installation of air pollution control devices or equipment, or any or all of said requirements as the department deems necessary. Such orders may specify a time for compliance, require submission of a proposed plan for compliance, and require submission of periodic reports concerning compliance. If a time for compliance is given, the department may, in its discretion, require the posting of a bond in the amount of twice the money to be expended in reaching compliance. (ii) All department orders shall be in writing, contain therein a statement of the reasons for their issuance, and be served either personally or by certified mail. Within thirty (30) days after service of any such order the person to whom the order is issued or any other person aggrieved by such order may file with the hearing board an appeal setting forth with particularity the grounds relied upon. An appeal to the hearing board of the department's order shall not act as a supersedeas: Provided, however, That upon application and for cause shown, the hearing board may issue such a supersedeas. (10) Institute, in a court of competent jurisdiction, proceedings to compel compliance with this act, any rule or regulation promulgated under this act or any plan approval, permit or order of the department. (11) Act as the agent for the board in holding public hearings when so directed by the board. (12) Institute prosecutions under this act.(13) Recommend the minimum job qualifications of personnel employed by county and municipal air pollution control agencies hereafter created. (14) Require the submission of, and consider for approval, plans and specifications of air pollution control equipment, devices or process changes, and inspect such installations or modifications to insure compliance with the plans which have been approved. (15) Conduct or cause to be conducted studies and research with respect to air contaminants, their nature, causes and effects, and with respect to the control, prevention, abatement and reduction of air pollution and air contamination. (16) Evaluate motor vehicle emission control programs, including vehicle emission standards, clean alternative fuels, oxygenated fuels, reformulated fuels, vehicle miles of travel, congestion levels, transportation control measures and other transportation control strategies with respect to their effect upon air pollution and determine the need for modifications of such programs. (17) Determine by means of field studies and sampling the degree of air pollution existing in any part of the Commonwealth. (18) 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 board for its consideration and approval. (18.1) Within sixty (60) days of the effective date of this clause, initiate a review and reevaluation of the State implementation plan. The review shall include alternative mechanisms to 25 Pa. Code Ch. 126 Subch. C (relating to gasoline volatility requirements) which will ensure compliance with this act. The following shall apply to the review: (i) The department shall conduct meetings to consult with impacted organizations or entities, including gasoline refining and distribution companies, gasoline retailers, pipeline owners, impacted businesses, public utilities, local governments and other interested entities. (ii) Within three (3) months of the effective date of this clause, the department shall provide updates to the chair and minority chair of the Environmental Resources and Energy Committee of the Senate and the chair and minority chair of the Environmental Resources and Energy Committee of the House of Representatives. The department shall, on a regular basis, provide updates to the committees. ((18.1) added July 5, 2012, P.L.1109, No.135) (18.2) If a supply disruption occurs, the Governor shall submit a request to the Environmental Protection Agency to waive the requirements. As used in this clause, a "supply disruption

occurs· when either of the following subclauses apply: (i) The department learns of a supply disruption of gasoline which would comply with 25 Pa. Code Ch. 126 Subch. C in Allegheny, Armstrong, Beaver, Butler, Fayette, Washington or Westmoreland County; and the supply disruption under this subclause would reasonably qualify for a waiver of the low Reid Vapor Pressure requirements of 25 Pa. Code Ch. 126 Subch. C in accordance with section 211(c) (4) (C) (ii) and (iii) of the Clean Air Act (42 U.S.C. § 7545(c) (4) (C) (ii) and (iii)). (ii) Five per centum (5%) of all existing gasoline retailers in Allegheny, Armstrong, Beaver, Butler, Fayette, Washingtonand Westmoreland Counties are unable to obtain an adequate supply of low Reid Vapor Pressure gasoline which complies with the low Reid Vapor Pressure requirements of 25 Pa. Code Ch. 126 Subch. C. ((18.2) added July 5,2012, P.L.1109, No.135) (19) Encourage the formulation and execution of plans in conjunction with air pollution control agencies or civil associations of counties, cities, boroughs, towns and townships of the Commonwealth wherein any sources of air pollution or air contamination may be located, and enlist the cooperation of those who may be in control of such sources for the control, prevention and abatement of such air pollution and air contamination. (20) Encourage voluntary efforts and cooperation by all persons concerned in controlling, preventing, abating and reducing air pollution and air contamination. (21) Conduct and supervise educational programs with respect to the control, prevention, abatement and reduction of air pollution and air contamination, including the preparation and distribution of information relating to the means of controlling and preventing such air pollution and air contamination. (22) Develop and conduct in cooperation with local communities demonstration programs relating to air contaminants, air pollution and air contamination and the control, prevention, abatement and reduction of air pollution and air contamination. (23) Provide advisory technical consultative services to local communities for the control, prevention, abatement and reduction of air pollution and air contamination. (24) Cooperate with the appropriate agencies of the United States or of other states or any interstate agencies with respect to the control, prevention, abatement and reduction of air pollution, and where appropriate formulate interstate air pollution control compacts or agreements for the submission thereof to the General Assembly. (25) Serve as the agency of the Commonwealth for the receipt of moneys from the Federal government or other public or private agencies, and expend such moneys for studies and research with respect to air contaminants, air pollution and the control, prevention, abatement and reduction of air pollution. (26) Develop and submit to the Environmental Protection Agency a procedure to implement and enforce the regulations which the Environmental Protection Agency adopts under section 183(e) of the Clean Air Act to reduce emissions from consumer and commercial products, provided the department will receive credits for the reductions attributed to the Federal consumer and commercial products regulations under section 182 of the Clean Air Act regulations, and the department has the resources to implement and enforce the program. (27) Do any and all other acts and things not inconsistent with any provision of this act, which it may deem necessary or proper for the effective enforcement of this act and the rules

or regulations promulgated under this act. (4 amended July 9, 1992, P.L.460, No.95)

Compiler's Note: The Department of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection. Section 4.1. Agricultural Regulations Prohibited.--(a) Except as may be required by the Clean Air Act or the regulations promulgated under the Clean Air Act,this act shall not apply to the production of agricultural commodities and the Environmental Quality Board shall not have the power nor the authority to adopt rules and regulations relating to air contaminants and air pollution arising from the production of agricultural commodities. (b) As used in this section, the term "production of agricultural commodities" shall include, but is not limited to: (1) The commercial propagation, production, harvesting or drying on the premises of the farm operation or the disposal of residual materials resulting from the commercial propagation, production, harvesting or drying on the premises of the farm operation of the following: (i) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans. (ii) Fruits, including apples, peaches, grapes, cherries and berries. (iii) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions, mushrooms, sweet corn and green peas. (iv) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. (v) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs. (vi) Timber, wood and other wood products derived from trees. (vii) Aquatic plants and animals and their by-products. (2) The processing of agricultural commodities propagated, produced, harvested or dried under clause (1) or the disposal of residual materials resulting from such processing. (3) The commercial production, processing or storage of compost, except for compost including, all or in part, biosolids originating at a municipal sewage treatment facility, to be predominantly used in the commercial propagation or production of any agricultural commodity identified under clause (1), regardless of whether the compost is being produced, processed

or stored on a different premises than the premises in which the compost is being used. (4) The use of any material whose production, processing

or storage is exempt from this act under clause (3) in the commercial propagation or production of any agricultural commodity identified under clause (1), or any odor or malodor

or fugitive air emission resulting from the production, processing or storage of any material so exempted. (c) The exemptions applied under SUbsection (b) (2) shall only apply to agricultural commodities propagated, produced, harvested or dried on the premises of the farm operation. (4.1 amended Dec. 18, 1996, P.L.11S0, No.174) Compiler's Note: Section 2 of Act 174 of 1996, which amended section 4.1, provided that Act 174 shall be retroactively applied to January 1, 1991, in dismissing any pending legal or administrative action by the Department of Environmental Protection arising from any activity which, by enactment of Act 174, is not subject to the provisions of Act 787. Section 4.2. Permissible Actions.--(a) In implementing the requirements of section 109 of the Clean Air Act, the board may adopt, by regulation, only those control measures or other requirements which are reasonably required, in accordance with the Clean Air Act deadlines, to achieve and maintain the ambient air quality standards or to satisfy related Clean Air Act requirements, unless otherwise specifically authorized orrequired by this act or specifically required by the Clean Air Act. (b) Control measures or other requirements adopted under subsection (a) of this section shall be no more stringent than those required by the Clean Air Act unless authorized or required by this act or specifically required by the Clean Air Act. This requirement shall not apply if the board determines that it is reasonably necessary for a control measure or other requirement to exceed minimum Clean Air Act requirements in order for the Commonwealth: (1) To achieve or maintain ambient air quality standards; (2) To satisfy related Clean Air Act requirements as they specifically relate to the Commonwealth; (3) To prevent an assessment or imposition of Clean Air Act sanctions; or (4) To comply with a final decree of a Federal court. (c) The board may not by regulation adopt an ambient air quality standard for a specific pollutant which is more stringent than the air quality standard which the EPA has adopted for the specific pollutant pursuant to section 109 of the Clean Air Act. (d) In any challenge to the enforcement of regulations adopted to achieve and maintain the ambient air quality standards or to satisfy related Clean Air Act requirements, the person challenging the regUlation shall have the burden to demonstrate that the control measure or other requirement or the stringency of the control measure or requirement is not reasonably required to achieve or maintain the standard or to satisfy related Clean Air Act requirements. (e) No person may file a preenforcement review challenge under this section based in any manner upon the standards set forth in subsection (b) of this section. (f) This section shall not apply to rules and regUlations approved as a final rulemaking by the board prior to the effective date of this section or to any ambient air quality standards adopted by the board where no such standard has been adopted by the EPA. (g) This section shall not be construed to weaken or otherwise affect site-specific standards or other requirements for individual sources or facilities in place prior to the effective date of this section. (4.2 added July 9, 1992, P.L.460, No.95) Section 4.3. Evaluation.--Beginning five (5) years after the effective date of this section and every five (5) years thereafter, the department shall conduct and submit to the General Assembly an evaluation of the effectiveness of the programs adopted to implement the Clean Air Act. The evaluation shall include: (1) A determination of whether the limitation imposed in section 4.2 has hindered in any way the Commonwealth's efforts to comply with the Clean Air Act and a recommendation on whether that provision should be changed. (2) The specific steps taken to implement the Clean Air Act and progress made toward meeting the emission reductions required by the act and recommendations on any additional steps which must be taken. (3) An evaluation of the funding available to implement the Clean Air Act programs and whether that funding is sufficient

or inadequate and recommendations on where adjustments should be made. (4) An analysis of the costs imposed on mobile and stationary air contamination sources to implement therequirements of the Clean Air Act, including on individuals and companies. The analysis of costs shall also consider the benefits of compliance with the Clean Air Act requirements and the public health, environmental and economic costs to the Commonwealth for failing to meet the requirements, including the impact of sanctions. (5) An evaluation, in consultation with the Department of Commerce and the Office of Small Business Ombudsman, of the adequacy of measures taken by the Commonwealth to assist small businesses in complying with the Clean Air Act. (6) A summary of the activities undertaken by the Citizens Advisory Council and the air technical advisory committee under section 7.6. (7) An evaluation of the effectiveness of the Northeast Ozone Transport Commission in meeting the mandates of the Clean Air Act and recommendations on any changes that could make the commission more effective. (8) An assessment of the impact of missing Federal deadlines identified under section 7.12 has had or will have on the State implementation of the Clean Air Act programs. (4.3 added July 9, 1992, P.L.460, No.95)

Compiler's Note: The Department of Commerce, referred to in clause (5), was renamed the Department of Community and Economic Development by Act 58 of 1996. Section 5. Environmental Quality Board.--(a) The board shall have the power and its duty shall be to-- (1) Adopt rules and regulations, for the prevention, control, reduction and abatement of air pollution, applicable throughout the Commonwealth or to such parts or regions or subregions thereof specifically designated in such regulation which shall be applicable to all air contamination sources regardless of whether such source is required to be under permit by this act. Such rules and regulations may establish maximum allowable emission rates of air contaminants from such sources, prohibit or regulate the combustion of certain fuels, prohibit

or regulate open burning, prohibit or regulate any process or

source or class of processes or sources, require the installation of specified control devices or equipment, or designate the control efficiency of air pollution control devices or equipment required in specific processes or sources
or classes of processes or sources. Such rules and regulations shall be adopted pursuant to the provisions of the act of July 31, 1968 (P.L.769), known as the "Commonwealth Documents Law," upon such notice and after such public hearings as the board deems appropriate. In exercising its authority to adopt rules and regulations, the board may, and to the extent deemed desirable by it shall, consult with a council of technical advisers, properly qualified by education or experience in air pollution matters, appointed by the board and to serve at the pleasure of the board, to consist of such number of advisers

as the board may appoint, but such technical advisers shall receive no compensation, other than their actual and necessary expenses, for their services to the board. (2) Establish and publish maximum quantities of air contaminants that may be permitted under various conditions at the point of use from any air contaminant source in various

areas of the Commonwealth so as to control air pollution. (3) By rule or regulation, classify air contaminant sources, according to levels and types of emissions and other characteristics which relate to air pollution. Classifications made pursuant to this subsection shall apply to the entireCommonwealth or any part thereof. Any person who owns or operates an air contaminant source of any class to which the rules and regulations of the board under this subsection apply, shall make reports containing information as may be required by the board concerning location, size and height of air contaminant outlets, processes employed, fuels used and the nature and time periods or duration of emissions, and such other information as is relevant to air pollution and available or reasonably capable of being assembled. (4) Recommend to the Secretary of Transportation performance

or specification standards, or both, for emission control systems and devices on motor vehicles. (5) Adopt rules and regulations for the protection of public health and safety for periods when the accumulation of air contaminants in any area is attaining or has attained levels which, if sustained or exceeded, could lead to an acute threat to the health of the pUblic. Such rules and regulations shall contain appropriate procedures to protect public health and safety during such periods. (6) Adopt rules and regulations for the approval and the recision and suspension of approval of local air pollution control agencies. (7) Adopt rules and regulations designed to reduce emissions from motor vehicles, including centrally clean-fueled fleets, clean alternative fuels, oxygenated fuels, reformulated fuels, vehicle miles of travel, transportation control measures and other transportation control strategies. Such rules and regulations shall be developed in consultation with the Department of Transportation. The board shall not adopt regulations mandating the sale or use of any set of specifications for motor fuel prescribed by the State of California under 42 U.S.C. § 7545(c) (4) (B) unless the set of specifications is required under the Clean Air Act or the regulations promulgated thereunder. (8) Adopt rules and regulations to implement the provisions of the Clean Air Act. The rules and regulations adopted to implement the provisions of the Clean Air Act shall be consistent with the requirements of the Clean Air Act and the regulations adopted thereunder. (9) Adopt rules and regulations to exempt sources or categories of sources of minor significance from the provisions of section 6.1. (10) Adopt rules and regulations establishing provisions to allow changes within a permitted facility or one operating pursuant to clause (3) of subsection (b) of section 6.1 without requiring a permit revision if the changes are not modifications under any provision of 42 U.S.C. Ch. 85 Subch. I (relating to programs and activities) and the changes do not exceed the emissions allowable under the permit whether expressed therein

as a rate of emissions or in terms of total emissions, provided that the facility provides the department and the administrator with written notification in advance of the proposed changes which shall be a minimum of seven (7) days, unless the board provides in its regulations a different time frame for emergencies. (11) In its discretion, by regulation require revisions to permits for major sources to incorporate applicable standards and regulations promulgated pursuant to the Clean Air Act and adopted by the board after the issuance of such permit as required by section 502 (b) (9) of the Clean Air Act. (12) In its discretion, by regulation adopt rules containing reasonable procedures consistent with the need for expeditiousaction by the department on plan approvals and operating permit applications to make available to the public any plan approval

or operating permit application, compliance plan, plan approval, operating permit and monitoring or compliance report as required by section 502(b) (8) of the Clean Air Act. (13) Adopt by regulation alternative volatile organic compound emission limitations for aerospace coatings and solvents, including extreme performance coatings, which are required to be used by the United States Department of Defense, the United States Department of Transportation and the National Aeronautic and Space Administration or to meet military and aerospace specifications, provided such alternative limitations

are authorized by the Clean Air Act. (b) In adopting regulations containing transportation control measures, the board shall not have the authority to adopt any regulation limiting or expanding any municipalities' authority under the Municipal Planning Code to regulate land development, subdivision approval, zoning revision, building permit or any other development activity unless specifically required by the Clean Air Act. (5 amended July 9, 1992, P.L.460, No.95) Section 6. Environmental Hearing Board.--The hearing board shall have the power and its duty shall be to hear and determine all appeals from appealable actions of the department as defined in the act of July 13, 1988 (P.L.530, No.94), known as the "Environmental Hearing Board Act," in accordance with the provisions of this act. Any and all action taken by the hearing board with reference to any such appeal shall be in the form of an adjudication, and all such action shall be subject to the provisions of 2 Pa. C. 

### s. (relating to administrative law and procedure)

. (6 amended July 9, 1992, P.L.460, No.95) section 6.1. Plan Approvals and Permits.--(a) No person shall construct, assemble, install or modify any stationary air contamination source, or install thereon any air pollution control equipment or device unless such person has applied to and received written plan approval from the department to do

so: Provided, however, That no such written approval shall be necessary with respect to normal routine maintenance operations,

nor to any such source, equipment or device used solely for the supplying of heat or hot water to one structure intended as a one-family or two-family dwelling, nor where construction, assembly, installation or modification is specifically authorized by the rules or regulations of the department to be conducted without written approval. All applications for approval shall be made in writing and shall be on such forms and contain such information as the department shall prescribe and shall have appended thereto detailed plans and specifications related to the proposed installation. (b) (1) No person shall operate any stationary air contamination source unless the department shall have issued to such person a permit to operate such source under the provisions of this section in response to a written application for a permit submitted on forms and containing such information

as the department may prescribe or where construction, assembly, installation modification is specifically authorized by the rules or regulations of the department to be conducted without written approval. The department shall provide public notice and the right to comment on all permits prior to issuance or denial and may hold public hearings concerning any permit. (2) A permit may be issued after the effective date of this amendment to any applicant for a stationary air contaminationsource requiring construction, assembly, installation or modification where the requirements of subsection (a) of this section have been met and there has been performed upon such

source a test operation or evaluation which shall satisfy the department that the air contamination source will not discharge into the outdoor atmosphere any air contaminants at a rate in

excess of that permitted by applicable regulation of the board,

or in violation of any performance or emission standard or other requirement established by the Environmental Protection Agency

or the department for such source, and which will not cause air pollution. (3) A stationary air contamination source operating lawfully without a permit for which fees required by section 6.3 of this act or the regulations promulgated under this act have been paid is authorized to continue to operate without a permit until

one hundred twenty (120) days after the department provides notice to the source that a permit is required or until November 1, 1996, whichever occurs first. If the applicant submits a complete permit application within the time frames in this subsection and the department fails to issue a permit through

no fault of the applicant, the source may continue to operate if the fees required by section 6.3 or the regulations promulgated under this act have been paid and the source is operated in conformance with this act, the Clean Air Act and the regulations promulgated under both this act and the Clean Air Act. For any performance or emission standard or other requirement established by the Environmental Protection Agency

or the department for the source subsequent to the effective date of this act but prior to the permit issuance date, the permit may contain a compliance schedule authorizing the source to operate out of compliance and requiring the source to achieve compliance as soon as possible but no later than the time required by this act, the Clean Air Act or the regulations promulgated under either this act or the Clean Air Act. For purposes of this subsection, a source is operating lawfully without a permit where it is a source for which no permit was previously required and the source is operating in compliance with applicable regulatory requirements. (4) For repermitting of any stationary air contamination

source which is operating under a valid permit on the effective date of this act or which has received a permit under the provisions of clauses (2) and (3) of this subsection and which is required to meet performance or emission standards or other requirements established subsequent to the issuance of the existing permit, the new permit may contain a compliance schedule authorizing the source to operate out of compliance and requiring the source to achieve compliance as soon as possible but no later than the time required by this act, the Clean Air Act or the regulations promulgated under either this act or the Clean Air Act. (b.l) A permit or plan approval issued hereunder may contain such terms and conditions as the department deems necessary to

assure the proper operation of the source. The board shall by regulation establish a permit shield for permits issued under the authority delegated to the Commonwealth by the EPA under Title V of the Clean Air Act. The program shall be consistent with the requirements of section 504(f) of the Clean Air Act and the regulations promulgated thereunder. Each permittee, on
a schedule established by the department, shall submit reports to the department containing such information as the department may prescribe relative to the operation and maintenance of the

source.(b.2) A permit issued or reissued under subsection (b) of this section shall be issued for a five (5) year term unless a shorter term is required to comply with the Clean Air Act and regulations promulgated thereunder or the permittee requests a shorter term, except that a permit for acid deposition control shall be issued for a five (5) year term. A permit may be terminated, modified, suspended or revoked and reissued for

cause. The terms and conditions of an expired permit are automatically continued pending the issuance of a new permit where the permittee has submitted a timely and complete application for a new permit and paid the fees required by section 6.3 or the regulations promulgated under this act and the department is unable, through no fault of the permittee, to issue or deny a new permit before the expiration date of the previous permit. Failure of the department to issue or deny a
new permit prior to the expiration date of the previous permit shall be an appealable action as described in section 10.2. The hearing board may require that the department take action on
an application without additional delay. (b.3) The board shall by regulation establish adequate, streamlined and reasonable procedures for expeditiously determining when applications are complete and for expeditious review of applications. The department shall approve or disapprove a complete application, consistent with the procedures established by the board for consideration of such applications, within eighteen (18) months after the date of receipt of the complete application except that the department shall establish a phased schedule for acting on permit applications submitted within the first full year after the effective date of the Title V permit program established to implement the requirements of the Clean Air Act. The schedule shall assure that at least one-third of such permits shall be acted upon by the department annually over a period not to exceed three (3) years after such effective date. Failure of the department to issue or deny a permit by a deadline established by this subsection shall be an appealable action

as described in section 10.2 of this act. The hearing board may require that the department take action on an application without additional delay. (b.4) (1) During the term of a permit, a permittee may reactivate any source under the permit that has been out of operation or production for a period of one year or more, provided that the permittee has submitted a reactivation plan to and received written approval from the department. The reactivation plan shall describe the measures that will be taken to ensure the source will be reactivated in compliance with all applicable permit requirements. A reactivation plan may be submitted to and approved by the department at any time during the term of a permit. The department shall take action on the reactivation plan within thirty (30) days unless the department determines that additional time is needed based on the size or complexity of the reactivated source. (2) A reactivation plan may also be submitted to and approved by the department as part of the plan approval or permit application process. An owner or operator who has an approved reactivation plan shall notify the department prior to the reactivation of the source. (b.5) The board shall adopt the regulations required by subsections (b.l), (b.3) and (i) as part of the regulatory package to implement the operating permit program required by Title V of the Clean Air Act.(c) A plan approval or permit issued hereunder may be terminated, modified, suspended or revoked and reissued if the permittee constructs or operates the source subject to the plan approval or permit in such a manner as to be in violation of this act, the Clean Air Act, the regulations promulgated under either this act or the Clean Air Act, a plan approval or permit

or in such a manner as to cause air pollution, if the permittee fails to properly or adequately maintain or repair any air pollution control device or equipment attached to or otherwise made a part of the source, if the permittee has failed to submit

a report required by a plan approval or operating permit under this section or if the Environmental Protection Agency determines that the permit is not in compliance with the requirements of the Clean Air Act or the regulations promulgated under the Clean Air Act. (d) The department may refuse to grant plan approval for any stationary air contamination source subject to the provisions of subsection (a) of this section or to issue a permit to any source that the department determines is likely to cause air pollution or to violate this act, the Clean Air Act or the regulations promulgated under either this act or the Clean Air Act applicable to such source or if, in the design of such source, no provision is made for adequate verification of compliance, including source testing or alternative means to verify compliance. The department may also refuse to issue

a permit or may for cause terminate or revoke and reissue any permit to any person if the Environmental Protection Agency determines that the permit is not in compliance with the requirements of the Clean Air Act or the regulations promulgated under the Clean Air Act or if the applicant has constructed, installed, modified or operated any air contamination source
or installed any air pollution control equipment or device on such source contrary to the plans and specifications approved by the department. (e) Whenever the department shall refuse to grant an approval or to issue or reissue a permit hereunder or terminate, modify, suspend or revoke a plan approval or permit already issued, such action shall be in the form of a written notice to the person affected thereby informing him of the action taken by the department and setting forth, in such notice, a full and complete statement of the reasons for such action. Such notice shall be served upon the person affected, either personally or by certified mail, and the action set forth in the notice shall be final and not subject to review unless, within thirty (30) days of the service of such notice, any person affected thereby shall appeal to the hearing board, setting forth with particularity the grounds relied upon. The hearing board shall hear the appeal pursuant to the provisions of the rules and regulations relating to practice and procedure before the hearing board, and thereafter, shall issue an adjudication affirming, modifying or overruling the action of the department. (f) The department may by regulation establish a general plan approval and a general permit program. After the program is established, the department may grant general plan approval

or a general permit for any category of stationary air contamination source if the department determines that the

sources in such category are similar in nature and can be adequately regulated using standardized specifications and conditions. Any applicant proposing to use a general plan approval or general permit shall notify the department and receive written approval prior to the proposed use. Thedepartment shall take action on a notification within thirty (30) days. (g) The department may by regulation establish a plan approval and permit program for stationary sources operated at mUltiple temporary locations. After the program is established, the department may grant a plan approval or issue a single permit to any stationary air contamination source that may be operated at multiple temporary locations. Such approval or permit shall require the owner or operator to notify the department and municipality where the operation shall take place in advance of each change in location and may require a separate application and permit or approval fee for operations at each location. Any applicant proposing to use the plan approval or permit authorized by this subsection shall notify the department and receive written approval prior to the proposed use. The department shall take action on a request within thirty (30) days. (h) The department shall establish comprehensive plan approval and operating permit programs which meet the requirements of this act and the Clean Air Act. (i) The board shall by regulation establish provisions to allow changes within a permitted facility or one operating pursuant to clause (3) of subsection (b) of section 6.1 without requiring a permit revision, if the changes are not modifications under any provision of 42 U.S.C. Ch. 85 Subch. I (relating to programs and activities) and the changes do not exceed the emissions allowable under the permit whether expressed therein as a rate of emissions or in terms of total emissions, provided that the facility provides the administrator and the department with written notification at least seven (7) days in advance of the proposed changes, unless the board provides in its regulations a different time frame for emergencies. (j) The department shall make available to the public any permit application, compliance plan, permit and monitoring or compliance report required by this act. (k) The department shall require revisions to any permit to incorporate applicable standards and regulations promulgated under the Clean Air Act after the issuance of such permit. Such revisions shall occur as expeditiously as practicable, but not later than eighteen (18) months after the promulgation of such standards and regulations. No such revision shall be required if the effective date of the standards or regulations is a date after the expiration of the permit term or if less than three (3) years remain on the permit. Such permit revision shall be treated as a permit renewal if it complies with the requirements of this act regarding renewals. (6.1 amended July 9, 1992, P.L.460, No.95) Section 6.2. Emergency Procedure.--(a) Any other provision of law to the contrary notwithstanding, if the department finds, in accordance with the rules and regulations of the board adopted under the provisions of clause (5) of section 5 of this act, that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the department, with the

concurrence of the Governor, shall order or direct persons causing or contributing to the air pollution to immediately reduce or discontinue the emission of air contaminants. ((a) amended July 9, 1992, P.L.460, No.95) (b) In the absence of a generalized condition of air pollution, if the department finds that emissions from the operation of one or more air contamination sources are creatingan imminent danger to human health or safety, the department may, without regard to the provisions of section 4 of this act, order the persons responsible for the operation of the air contamination sources in question to immediately reduce or discontinue the emission of air contaminants. (c) An order issued under subsection (a) or (b) of this section shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the hearing board. Within twenty-four hours after the commencement of such hearing, and without adjournment thereof, the hearing board shall affirm, modify or set aside the order of the department. (d) This section shall not be construed to limit any power which the Governor or any other officer may have to declare an emergency and act on the basis of such declaration. (6.2 added Oct. 26, 1972, P.L.989, No.245) Section 6.3. Fees.--(a) This section authorizes the establishment of fees sufficient to cover the indirect and direct costs of administering the air pollution control plan approval process, operating permit program required by Title V of the Clean Air Act, other requirements of the Clean Air Act and the indirect and direct costs of administering the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, Compliance Advisory Committee and Office of Small Business Ombudsman. This section also authorizes the board by regulation to establish fees to support the air pollution control program authorized by this act and not covered by fees required by section 502(b) of the Clean Air Act. (b) An annual interim air emission fee of fourteen dollars ($14.00) per ton on emissions of sulfur dioxide, nitrogen oxides, particulate matter of ten (10) microns or less and volatile organic compounds is hereby established to cover the reasonable direct and indirect costs of developing and administering the air pollution control operating permit program required by Title V of the Clean Air Act, other requirements of the Clean Air Act and the reasonable indirect and direct costs of administering the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, Compliance Advisory Committee and the Office of Small Business Ombudsman to be collected during fiscal year 1992-1993 covering actual emissions occurring in calendar year 1991, fiscal year 1993-1994 covering actual emissions occurring in calendar year 1992 and fiscal year 1994-1995 covering actual emissions occurring during calendar year 1993. The interim fee shall not apply to air emissions of less than one hundred (100) tons for any of the listed pollutants, provided that when emissions exceed one hundred (100) tons the entire amount of all air emissions for any of the listed pollutants up to five thousand five hundred (5,500) tons shall be chargeable emissions for interim fee purposes. (c) The board shall establish by regulation a permanent annual air emission fee as required for regulated pollutants by section 502(b) of the Clean Air Act to cover the reasonable direct and indirect costs of administering the operating permit program required by Title V of the Clean Air Act, other related requirements of the Clean Air Act and the reasonable indirect and direct costs of administering the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, Compliance Advisory Committee and the Office of Small Business Ombudsman to be collected starting in fiscal year 1995-1996 covering air emissions occurring during calendar year 1994. In no case shall the amount of the permanent fee be morethan that which is necessary to comply with section 502(b) of the Clean Air Act. The permanent fee shall not apply to emissions of more than four thousand (4,000) tons for any regulated pollutant. In the event a final regulation containing the permanent annual air emission fee is not effective by July 1, 1995, the permanent annual air emission fee for sources subject to the Title V operating permit program shall be the adjusted minimum dollar amount set under section 502(b) of the Clean Air Act until such time as the final regulation is effective. (d) Unless precluded by the Clean Air Act, the board shall establish a permanent air emission fee which considers the size of the air contamination source, the resources necessary to process the application for plan approval or an operating permit, the complexity of the plan approval or operating permit, the quantity and type of emissions from the sources, the amount of fees charged in neighboring states, the importance of not placing existing or prospective sources in this Commonwealth at a competitive disadvantage and other relevant factors. (e) until alternative fees are established by the board under subsection (c) of this section, stationary air contamination sources shall pay the following interim fees: (1) Two hundred dollars ($200.00) for the processing of an application for an operating permit. (2) Two hundred dollars ($200.00) for annual operating permit administration fee. (f) No emissions fee established under subsection (b), (c)

or (j) of this section shall be payable by any State entity, instrumentality or political subdivision in relation to any publicly owned or operated facility. (g) Any fees imposed under this section in areas with approved local air pollution control programs shall be deposited in a restricted account established by the governing body authorizing the local program for use by that program to implement the provisions of this act for which they are responsible. The governing body shall annually submit to the department an audit of the account in order to insure the funds

were properly spent. (h) (1) Unless the board establishes a different payment schedule by regulation, each facility subject to the emission fees established in subsections (b) and (c) of this section shall report its emissions and pay the fee within one hundred twenty (120) days after receipt of a reporting form from the department or by September 1 of each year for the emission from the preceding year, whichever occurs first. (2) An air contamination source that fails to pay the fees within the time frame established by this act or by regulation shall pay a penalty of fifty per centum (50%) of the fee amount, plus interest on the fee amount computed in accordance with section 6621(a) (2) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.) from the date the fee was required to be paid. In addition, such source may have its permit terminated or suspended. The fee, penalty and interest may be collected following the process for assessment and collection of a civil penalty contained in section 9.1. (i) The permanent air emission fee imposed under subsection (c) shall be increased in each year after implementation of the fee by regulation by the percentage, if any, by which the Consumer Price Index for the most recent calendar year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this subsection:(1) The Consumer Price Index for any calendar year is the average of the Consumer Price Index for All-Urban Consumers, published by the United States Department of Labor, as of the close of the twelve (12) month period ending on August 31 of each calendar year. (2) The revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1989 shall be used. (j) The board may by regulation establish the following categories of fees not related to Title V of the Clean Air Act. Until such regulations are adopted, stationary air contamination

sources shall pay the following fees: (1) Two hundred dollars ($200.00) for the processing of any application for plan approval. (2) Two hundred dollars ($200.00) for the processing of any application for an operating permit. (3) Two hundred dollars ($200.00) for annual operating permit administration fee. In regard to fees established under this subsection, individual

sources required to be regulated by Title V of the Clean Air Act shall only be subject to plan approval fees authorized in this subsection. (k) No administrative action shall prevent the deposit of the fees established pursuant to this section in the Clean Air Fund established in section 9.2 during the fiscal year in which they are collected. The fees shall only be used for the purposes authorized in this section and section 9.2 and shall not be transferred or diverted to any other purpose by administrative action. (1) Any fees, penalties and interest owed the Commonwealth for delinquent payment collected under this section shall be deposited in the Clean Air Fund. (m) As used in this section, the term "regulated pollutant" shall mean a volatile organic compound, each pollutant regulated under sections 111 and 112 of the Clean Air Act and each pollutant for which a national primary ambient air quality standard has been promulgated, except that carbon monoxide shall be excluded from this reference. (6.3 added July 9, 1992, P.L.460, No.95) Section 6.4. Fee for Certain Ozone Areas.--(a) If an area identified in a State implementation plan or any revision as a
severe or extreme ozone nonattainment area has failed to meet the national primary ambient air quality standard for ozone by the applicable attainment date, each major source of volatile organic compounds (VOC's), as defined in the Clean Air Act and the regulations promulgated under the Clean Air Act, located in the area shall, except with respect to emissions during any year treated as an extension year under section 181(a) (5) of the Clean Air Act, pay a fee to the department as a penalty for such failure for each calendar year beginning after the attainment date until the area is redesignated as an attainment

area for ozone. This fee shall be assessed and collected following the process for collection and assessment of a civil penalty contained in section 9.1. (b) (1) The fee shall equal five thousand dollars ($5,000.00), adjusted in accordance with clause (3) of this subsection, per ton of VOC emitted by the source during the calendar year in excess of eighty per centum (80%) of the baseline amount, computed under clause (2) of this subsection. The fee shall be in addition to all other fees required to be paid by the source.(2) (i) For purposes of this section, the baseline amount shall be computed, in accordance with such guidance as the administrator may provide, as the lower of the amount of actual VOC emissions (referred to as actuals) or VOC emissions allowed under the permit applicable to the source or, if no such permit has been issued for the attainment year, the amount of VOC emissions allowed under the applicable implementation plan (referred to as allowables) during the attainment year. (ii) Notwithstanding subclause (i) of this clause, the administrator may issue guidance authorizing the baseline amount to be determined in accordance with the lower of average actuals

or average allowables determined over a period of more than one (1) calendar year. This guidance may provide that the average calculation for a specific source may be used if that source's emissions are irregular, cyclical or otherwise vary significantly from year to year. (3) The fee amount under clause (1) of this subsection shall be adjusted annually, beginning 1991 in accordance with subsections (h) and (i) of section 6.3. (c) For areas with a total population under two hundred thousand (200,000) which fail to attain the standard by the applicable attainment date, no sanction under this section or under any other provisions of this act shall apply if the area
can demonstrate, consistent with guidance issued by the Environmental Protection Agency, that attainment in the area is prevented because of ozone or ozone precursors transported from other areas. The prohibition applies only in cases in which the area has met all requirements and implemented all measures applicable to the area under the Clean Air Act. (6.4 added July 9, 1992, P.L.460, No.9S) Section 6.5. Acid Deposition Control.--(a) The department is authorized to develop a permit program for acid deposition control in accordance with Titles IV and V of the Clean Air Act and to submit it to the administrator for approval. (b) For purposes of the permit program authorized under subsection (a) of this section, the definitions in sections 402 and 501 of the Clean Air Act are incorporated herein by reference. (c) The owner or operator or the designated representative of each source affected under section 405 of the Clean Air Act shall submit a permit application and compliance plan for the affected source to the department no later than January I, 1996. In the case of affected sources for which application and plans

are timely received, the permit application and the compliance plan, including amendments thereto, shall be binding on the

owner or operator or the designated representative of the owners
or operators and shall be enforceable as a permit for purposes of this section until a permit is issued by the department. Any permit issued by the department shall require the source to achieve compliance as soon as possible but no later than the date required by this act, the Clean Air Act or the regulations promulgated under either this act or the Clean Air Act for the

source. (d) At any time after the submission of a permit application and compliance plan, the applicant may submit a revised application and compliance plan. In considering any permit application and compliance plan under this section, the department shall coordinate with the Pennsylvania Public Utility Commission consistent with requirements that may be established by the administrator. (e) In addition to other provisions, permits issued by the department shall prohibit all of the following:(1) Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide that the owner or operator or designated representative hold for the unit. (2) Exceedances of applicable emissions rates or standards, including ambient air quality standards. (3) The use of any allowance prior to the year for which it is allocated. (4) Contravention of any other provision of the permit. (6.5 added July 9, 1992, P.L.460, No.95) Section 6.6. Hazardous Air Pollutants.

-- (a) The regulations establishing performance or emission standards promulgated under section 112 of the Clean Air Act are incorporated by reference into the department's permitting program. After the effective date of the performance or emission standard, new, reconstructed, modified and existing sources shall comply with the performance or emission standards pursuant to the compliance schedule established under section 112 of the Clean Air Act and the regulations promulgated under the Clean Air Act. The Environmental Quality Board may not establish a more stringent performance or emission standard for hazardous air pollutant emissions from existing sources, except as provided in subsection (d). This section shall not apply to rules and regulations adopted as final prior to the effective date of this act and shall not be construed to weaken standards for individual sources or facilities in effect prior to the effective date of this act. The board may establish performance

or emission standards for sources or categories of sources which

are not included on the list of source categories established under section 112 (c) of the Clean Air Act. For purposes of this section, the term "performance standard" includes design, equipment, work practice or operational standards or any combination thereof. (b) In the event the administrator has not promulgated a standard to control the emissions of hazardous air pollutants for a category or subcategory of major sources under section 112 of the Clean Air Act, pursuant to a schedule established pursuant to section 112(c) of the Clean Air Act, the department shall have the authority to establish a performance or emission standard on a case-by-case basis for individual sources or a category of sources. The department shall have the authority to make the determinations required by section 112 (g) (2) of the Clean Air Act regarding the construction, reconstruction and modification of sources. Any person challenging the performance

or emission standards established by the department shall have the burden to demonstrate that the performance or emission standard does not meet the requirements of section 112 of the Clean Air Act. The department shall incorporate the standard to control the emissions of hazardous air pollutants into the plan approval or operating permit of any source within the category or subcategory. The performance or emission standard established on a case-by-case basis by the department shall be equivalent to the limitation that would apply to the source if

a performance or emission standard had been promulgated by the administrator under section 112 of the Clean Air Act. (c) The department is authorized to require that new sources demonstrate in the plan approval application that the source will reduce or control emissions of air pollutants, including hazardous air pollutants, by using the best available technology. (d) (1) When needed to protect public health, welfare and the environment from emissions of hazardous air pollutants from

new and existing sources, the department may impose healthrisk-based emission standards or operating practice requirements. In developing such health risk-based emission standards or operating practice requirements, the department shall provide an explanation and rationale for such standards

or requirements and provide for public review and comments on plan approvals, operating permits, guidelines and regulations which contain health risk-based emission standards or operating practice requirements. Standards or requirements adopted pursuant to this subsection shall be developed using an analysis which, among other factors, considers, where appropriate for a

source or source category, the criteria set forth in section 112(f) (1) of the Clean Air Act in assessing the proposed risk to the public health, welfare and the environment from the

source. (2) In the case of coke oven batteries, the department may not impose health risk-based emission standards more stringent than Federal requirements until eight (8) years after promulgation of maximum achievable control technology (MACT) standards and not until the year 2020 for coke oven batteries which satisfy the requirements of section 112 (i) (8) (A) of the Clean Air Act. (3) Notwithstanding the limitation in clause (2), where the operation of a coke oven battery would result in serious, substantial and demonstrable harm to public health, welfare and the environment, the department may impose health risk-based emission standards by regulation which utilize proven, commercially available and economically available methods of technology. (i) The department shall not impose health risk-based emission standards until after January 1, 1998, for those coke

oven batteries which satisfy the applicable MACT or lowest achievable emission rate (LAER) standards. (ii) After January 1, 1998, the department shall only impose health risk-based emission standards adopted pursuant to section 112(f) of the Clean Air Act, and, if no such emission standards

are adopted pursuant to section 112(f) of the Clean Air Act, the department may adopt such emission standards, provided that such standards are consistent with the criteria and the factors set forth in clause (1) and section 112(f) of the Clean Air Act and until such time as health risk-based standards are enacted by the Federal Government pursuant to section 112(f) of the Clean Air Act. (e) The department shall have the authority to require, in the plan approval and operating permit, reasonable monitoring, recordkeeping and reporting requirements for sources which emit hazardous air pollutants. (f) Nothing in this section shall preclude the department from taking an emergency action where there is an immediate or potential threat to public health, welfare and the environment from an air pollutant, including a hazardous air pollutant. (g) The early emissions reduction program authorized under section 112(i) (5) of the Clean Air Act is incorporated by reference in the department's permitting program. (6.6 added July 9, 1992, P.L.460, No.95) Section 6.7. Control of Volatile Organic Compounds from Gasoline-Dispensing Facilities.--(6.7 repealed July 5, 2012, P.L.1109, No.135)

Section 7. Public Hearings.--(a) Public hearings shall be held by the board or by the department, acting on behalf and at the direction or request of the board, in any region of the Commonwealth affected before any rules or regulations withregard to the control, abatement, prevention or reduction of air pollution are adopted for that region or subregion. When it becomes necessary to adopt rules and regulations for the control, abatement, prevention or reduction of air pollution for more than one region of the Commonwealth, the board may hold one hearing for any two contiguous regions to be affected by such rules and regulations. Such hearing may be held in either of the two contiguous regions. In the case where it becomes necessary to adopt rules and regulations for the control, abatement, prevention or reduction of air pollution for any area of the Commonwealth which encompasses more than

one region or parts of more than one region, public hearings shall be held in the area concerned. Full stenographic transcripts shall be taken of all public hearings and shall be made available by the department to any party concerned with the subject matter of the hearing upon the payment of prevailing rates for such transcripts. (b) In addition to the matters discussed at the public hearings, the board may, in its discretion, solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules and regulations. (c) Notice to the public of the time and place of any public hearing shall be given at least thirty (30) days prior to the scheduled date of the hearing by public advertisement in a newspaper or newspapers of general circulation in the region of the Commonwealth affected. (d) The persons designated to conduct the hearing shall have the power to issue notices of hearings in the name of the board. (e) Full opportunity to be heard with respect to the subject of the hearing shall be given to all persons in attendance, in addition to which persons, whether or not in attendance, may, within thirty (30) days, submit their views to the department, which the department shall transmit to the board with its report. (7 amended Oct. 26, 1972, P.L.989, No.245) Section 7.1. Compliance Review.--(a) The department shall not issue, reissue or modify any plan approval or permit pursuant to this act or amend any plan approval or permit issued under this act and may suspend, terminate or revoke any permit

or plan approval previously issued under this act if it finds that the applicant or permittee or a general partner, parent

or subsidiary corporation of the applicant or permittee is in violation of this act, or the rules and regulations promulgated under this act, any plan approval, permit or order of the department, as indicated by the department's compliance docket, unless the violation is being corrected to the satisfaction of the department. (b) The department may refuse to issue any plan approval

or permit pursuant to this act if it finds that the applicant

or permittee or a partner, parent or subsidiary corporation of the applicant or permittee has shown a lack of intention or ability to comply with this act or the regulations promulgated under this act or any plan approval, permit or order of the department, as indicated by past or present violations, unless the lack of intention or ability to comply is being or has been corrected to the satisfaction of the department. (c) In performing the compliance review required under this section, the department shall only consider violations arising under this act that occurred or are occurring in Pennsylvania.(d) A permittee or applicant may appeal any violation arising under this act which the department places on the compliance docket. (7.1 added July 9, 1992, P.L.460, No.95) section 7.2. Permit Compliance Schedules.--In addition to the other enforcement provisions of this act, the department may issue a permit under clauses (3) and (4) of subsection (b) of section 6.1 to a source that is out of compliance with this act, the Clean Air Act or the regulations promulgated under either this act or the Clean Air Act. Any such permit must contain an enforceable schedule requiring the source to attain compliance. The compliance schedule may contain interim milestone dates for completing any phase of the required work,

as well as a final compliance date, and may contain stipulated penalties for failure to meet the compliance schedule. If the permittee fails to achieve compliance by the final compliance date, the permit shall terminate. The permit shall be part of

an overall resolution of the outstanding noncompliance and may include the payment of an appropriate civil penalty for past violations and shall contain such other terms and conditions

as the department deems appropriate. A permit may incorporate by reference a compliance schedule contained within a consent order and agreement, including all provisions related to implementation or enforcement of the compliance schedule or consent order and agreement. (7.2 added July 9,1992, P.L.460, No.95) Section 7.3. Responsibilities of Owners and Operators.--(a) Whenever the department finds that air pollution or danger of air pollution is or may be resulting from an air contamination source in the Commonwealth, the department may order the owner or operator to take corrective action in a manner satisfactory to the department, or it may order the owner or operator to allow access to the land by the department or a third party to take such action. (b) For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing and investigation related to a corrective action, the department may collect the amount in the same manner as civil penalties

are assessed and collected following the process for assessment and collection of a civil penalty contained in section 9.1. (7.3 added July 9,1992, P.L.460, No.95) Section 7.4. Interstate Transport Commission.--(a) The Commonwealth, through its representatives on an interstate transport commission formed under the Clean Air Act, shall provide public review of recommendations for additional control

measures prior to final commission action consistent with the commission's public review requirements under section 184 (c) (1) of the Clean Air Act. The opportunity for public review established under this section shall run concurrently with the commission's public comment period established under section 184 (c) (1) of the Clean Air Act. (b) Control strategies approved by an interstate transport commission and by the Commonwealth's representatives and set forth in resolutions or memoranda of understanding shall be considered commitments by the executive to pursue subsequent legislative, regulatory or other administrative actions to implement the control strategies. (c) The Commonwealth strongly recommends that an interstate transport commission adopt formal procedures which allow for

an open public review and comment period prior to the adoptionof resolutions or consideration of memoranda of understanding

or other actions which recommend that states adopt control strategies. The Commonwealth's representatives shall take actions consistent with this recommendation. (d) The General Assembly of Pennsylvania finds that the interstate transport of pollutants from the State of Ohio contributes significantly to the violation of national ambient air quality standards by the Commonwealth. Therefore, as set forth in section 176A of the Clean Air Act, the Governor, on behalf of the Commonwealth, may petition the Federal EPA Administrator to include the State of Ohio in any interstate transport commission to which Pennsylvania is a member state. (7.4 added July 9, 1992, P.L.460, No.95) Section 7.5. Public Review of State Implementation Plans.--(a) A State implementation plan required by the Clean Air Act which commits the Commonwealth to adopt air pollution control measures or procedures shall be the subject of a public comment period. The public comment period shall be no less than sixty (60) days, and the department may, at its discretion, hold public informational meetings or public hearings as part of the comment period. (b) Notice of a proposed State implementation plan shall be published in the Pennsylvania Bulletin and in sufficient newspapers having general circulation in the area covered by the State implementation plan. If the State implementation plan

covers the entire State, notice shall be published in at least six (6) newspapers of general circulation throughout the Commonwealth. (c) A State implementation plan subject to this section shall include the following provisions: (1) Statements clearly indicating the specific provisions of the Clean Air Act with which the State implementation plan is intended to comply. (2) An analysis of the alternative control strategies considered if applicable in arriving at the recommended control strategies and the reasons the department or other agency selected the final strategy. (3) An analysis of the economic impact of the alternative control strategies and the selected strategies on the regulated community and local governments. (4) An analysis of the staff and technical resources needed by the department or other agency to implement the control strategy. (d) After the public comment period and prior to the submission to EPA of any State implementation plan required by the Clean Air Act which commits the Commonwealth to adopt air pollution control measures or procedures, the department shall submit a final State implementation plan to the board for its review together with a document which responds to all comments made during the public comment period. (d.l) The following shall apply to a State implementation plan and any revision to such plan proposed or finalized after the effective date of this sUbsection: (1) The plan or revision developed by the department, other State agency or local air pollution control agency shall be published and maintained on the publicly accessible Internet website of the department, other State agency or local air pollution control agency that developed the plan or revision. (2) The plan or revision developed by the department or other State agency shall be submitted to the chairman and minority chairman of the Environmental Resources and Energy Committee of the Senate and the chairman and minority chairmanof the Environmental Resources and Energy Committee of the House of Representatives at the same time as the plan or revision is published for public comment or submitted to the board, whichever is applicable. ((d.1) added Apr. 12, 2012, P.L.230, No.27) (e) These provisions shall also apply in the case of State implementation plans required by the Clean Air Act which are developed by State agencies other than the department which commit the Commonwealth to the adoption of air pollution control

measures or procedures. (f) Subsections (c) and (d) of this section shall not apply to State implementation plans or portions thereof comprised of permit, emission offset or reasonably available control technology requirements for individual sources; consent orders and agreements; or regulations. (g) The requirements of this section shall not apply to state implementation plans submitted by a local air pollution control agency. (7.5 added July 9, 1992, P.L.460, No.95) section 7.6. Advice to Department.--(a) The department shall consult with the Citizens Advisory Council established under section 448 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," as appropriate, in the consideration of State implementation plans and regulations developed by the department and needed for the implementation of the Clean Air Act. Nothing in this section shall limit the council's ability to consider, study and review department policies and other activities related to the Clean Air Act implementation as provided under section 1922-A of "The Administrative Code of 1929." This section shall not apply to State implementation plans or portions thereof comprised of permit, emission offset or reasonably available control technology requirements for individual sources; consent orders and agreements; or regulations. The requirements of this section shall not apply to State implementation plans submitted by a local air pollution control agency. (b) (1) The Secretary of Environmental Resources, within thirty (30) days after the effective date of this act, shall designate an air technical advisory committee. The committee shall include at least eleven (11) members with technical backgrounds in the control of air pollution from stationary or mobile sources. (2) The committee, at the request of the department, may be utilized to provide technical advice on department policies, guidance and regulations needed to implement the Clean Air Act. The committee may also request to review a department policy, guidance or regulation needed to implement the Clean Air Act. (7.6 added July 9, 1992, P.L.460, No.95)

Compiler's Note: The Secretary of Environmental Resources, referred to in subsec. (b), was abolished by Act 18 of 1995. The functions of the secretary were transferred to the Secretary of Conservation and Natural Resources and the Secretary of Environmental Protection. Section 7.7. Small Business Compliance Assistance Program.--(a) The department shall develop and implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program which shall include the following: (1) Adequate mechanisms for developing, collecting and coordinating information concerning compliance methods and technologies for small business stationary sources and programsto encourage lawful cooperation among such sources and other persons to further comply with this act and the Clean Air Act. (2) Adequate mechanisms for assisting small business stationary sources with pollution prevention and accidental release detection and prevention, including providing information concerning alternative technologies, process changes and products and methods of operation that help reduce air pollution. (3) A compliance assistance program for small business stationary sources which assists small business stationary

sources in determining applicable requirements and in receiving permits under this act in a timely and efficient manner. (4) Adequate mechanisms to assure that small business stationary sources receive notice of their rights under this act and the Clean Air Act in such manner and form as to assure reasonably adequate time for such sources to evaluate compliance methods and any relevant or applicable proposed or final rulemaking plan, State implementation plan revision or program issued under this act and the Clean Air Act. 

### (5) Adequate mechanisms for informing small business stationary sources of their obligations under this act and the Clean Air Act, including mechanisms for referring these sources to qualified auditors or, at the department's option, for providing audits of the operations of such sources to determine compliance with this act. (6) Procedures for consideration of requests from a small business stationary source for modification of: (i) any work practice or technological method of compliance;

or (ii) the schedule of milestones for implementing such work practice or method of compliance preceding any applicable compliance date based on the technological and financial capability of any small business stationary sources. No modification may be granted unless it is in compliance with the applicable requirements of this act and the Clean Air Act, including the requirements of the applicable implementation plan. Where applicable requirements are set forth in Federal regulations, only modifications authorized in such regulations may be allowed. (7) Procedures for soliciting input from and exchanging information with the Office of Small Business Ombudsman regarding compliance requirements for small business stationary

sources. (8) Adequate mechanisms for the collection and dissemination of information to small business stationary sources, including, but not limited to: (i) Developing of small business stationary sources guidance manuals indicating the categories of small businesses subject to the requirements of this act and the Clean Air Act, specific compliance requirements and options, a schedule of compliance deadlines and other pertinent information. (ii) Establishment of a toll-free telephone number dedicated to questions involving small business stationary source compliance. (9) Procedures for assuring the confidentiality of information received from small business stationary sources. (10) Procedures for conducting confidential, on-site consultations with small business stationary sources regarding applicability of compliance requirements. (b) The department shall evaluate the feasibility of contracting with consultants to administer all or part of the Small Business Stationary Source Technical and EnvironmentalCompliance Assistance Program. A third-party consultant will act as a source of confidential support for small business if

one is selected by the department. ((b) amended Dec. 18, 1996, P.L.1150, No.174) (c) The department shall consult with the Compliance Advisory Committee established in section 7.8 and the Office of Small Business Ombudsman established in section 7.9 in developing the Small Business Stationary Source Technical and Environmental Compliance Assistance Program. (d) The department shall provide a reasonable opportunity for public comment on the proposed Small Business Stationary Source Technical and Environmental Compliance Assistance Program. (e) The department is authorized to expend funds from the Clean Air Fund collected pursuant to sUbsection (a), (b) or (c) of section 6.3 to support the development and implementation of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, the Office of Small Business Ombudsman and the Compliance Advisory Committee. (f) Upon petition by a source, the department may, after notice and opportunity for public comment, include as a small business stationary source for purposes of this act any stationary source which does not meet the definition of "small business stationary source" in section 3 but which does not emit more than one hundred (100) tons per year of all regulated pollutants. (g) The department, in consultation with the administrator and the Administrator of the Small Business Administration and after providing notice and opportunity for public hearing, may exclude from the definition of "small business stationary source" in section 3 any category or subcategory of sources that the department determines to have sufficient technical and financial capabilities to meet the requirements of this act and the Clean Air Act without the application of this section. (h) The department may reduce any fee required under this act and the Clean Air Act to take into account the financial

resources of small business stationary sources as authorized by the Clean Air Act. (7.7 added July 9, 1992, P.L.460, No.95) Compiler's Note: Section 2 of Act 174 of 1996, which amended subsec. (b), provided that Act 174 shall be retroactively applied to January 1, 1991, in dismissing any pending legal or administrative action by the Department of Environmental Protection arising from any activity which, by enactment of Act 174, is not subject to the provisions of Act 787. Section 7.8. Compliance Advisory Committee.--(a) There is hereby established a Compliance Advisory Committee which shall perform all of the following: (1) Provide guidance and recommendations to the department

on the development of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program. (2) Render advisory opinions concerning the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, difficulties encountered and degree and severity of enforcement. (3) Make periodic reports to the administrator concerning the Small Business Stationary Source Technical and Environmental Compliance Assistance Program. (4) Review information for small business stationary sources to assure such information is understandable by the layperson.(5) Have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions. (6) Review and advise the department on rulemakings, State implementation plans and programs under this act and the Clean Air Act which affect small business stationary sources. (7) Make recommendations for the development of programs to assist compliance for small business stationary sources, including technical and financial assistance programs. (b) The committee shall consist of eleven members as follows: (1) Four members appointed by the Governor, three of whom shall not be owners or representatives of owners of small business stationary sources. (2) Four members, each of whom shall be an owner or the representative of an owner of a small business stationary

source. Of these four members, one shall be appointed by each of the following: (i) The majority leader of the Senate. (ii) The minority leader of the Senate. (iii) The majority leader of the House of Representatives. (iv) The minority leader of the House of Representatives. (3) The Secretary of Commerce or his designee. (4) The Secretary of Environmental Resources or his designee. (5) The Small Business Ombudsman or his designee. (c) The terms of appointed members shall be for four (4) years. Vacancies shall be filled by the original appointing member for the remainder of the unexpired term. Initial terms of appointed members shall be as follows: (1) Of the members appointed by the Governor under clause (1) of subsection (b) of this section: (i) Two members shall be appointed for two (2) years. (ii) Two members shall be appointed for four (4) years. (2) Of the members appointed under clause (2) of subsection (b) of this section: (i) The majority leader of the Senate shall appoint one member for four (4) years. (ii) The minority leader of the Senate shall appoint one member for two (2) years. (iii) The majority leader of the House of Representatives shall appoint one member for three (3) years. (iv) The minority leader of the House of Representatives shall appoint one member for one (1) year. (7.8 added July 9, 1992, P.L.460, No.95)

Compiler's Note: The Secretary of Commerce, referred to in subsec. (b), was renamed the Secretary of Community and Economic Development by Act 58 of 1996. Compiler's Note: The Secretary of Environmental Resources, referred to in subsec. (b), was abolished by Act 18 of 1995. The functions of the secretary were transferred to the Secretary of Conservation and Natural Resources and the Secretary of Environmental Protection. Section 7.9. Small Business Ombudsman.--(a) There is hereby established an Office of Small Business Ombudsman within the Department of Environmental Protection for the purpose of serving as the confidential primary point of contact for small business on issues relating to compliance with this act and the Clean Air Act.(b) The Office of Small Business Ombudsman shall perform all functions necessary to implement the requirements of section 507 (a) (3) of the Clean Air Act. The Office of Small Business Ombudsman shall perform all of the following functions to the extent they are consistent with the guidelines developed by the Environmental Protection Agency: (1) Solicit input from small businesses regarding compliance with this act and the Clean Air Act and interact with organizations representing small businesses, including Small Business Development Centers, the Small Business Administration, industry and trade associations and other entities. (2) Provide guidance and recommendations to the department

on the development of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program. (3) Make recommendations to the department regarding the content and operation of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program. (4) Collect and distribute information and materials on the requirements of this act and the Clean Air Act. (5) Report to the Small Business Stationary Source Technical and Environmental Compliance Assistance Program on problems and difficulties experienced by small businesses in complying with this act and the Clean Air Act. (6) Serve on the Compliance Advisory Committee established by section 7.S. (7) Conduct independent evaluations of all aspects of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program. (S) Review and provide comments and recommendations to the Environmental Protection Agency and department regarding the development and implementation of regulations that impact small businesses. (9) Arrange for and assist in the preparation of guidance documents by the Small Business Stationary Source Technical and Environmental Compliance Assistance Program to ensure that the language is readily understandable by the layperson. (10) Assist small businesses in locating sources of funding for compliance with the requirements of this act and the Clean Air Act. (c) The Office of Small Business Ombudsman shall report annually to the Governor and General Assembly on the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program and other issues relating to the impact of the Clean Air Act implementation on small businesses in the Commonwealth. (d) For each proposed rulemaking significantlY affecting small businesses, the Office of Small Business Ombudsman shall prepare a report which contains a detailed analysis of the economic impact of such proposed rulemaking on small businesses. The economic impact report shall be completed no later than ninety (90) days from the date that the board approves the proposed rulemaking and shall be submitted to the board for consideration prior to approval of the final rulemaking package, provided the report is available within the time period prescribed by this section. The department shall provide the ombudsman with a reasonable opportunity to revise the report to reflect any proposed substantial change in the rulemaking which affects the initial report. (e) The report shall include, but not be limited to: (1) An analysis of the economic impact of the selected control strategies on small business.(2) Data on comparable regulatory programs or plans administered by other states. (3) An assessment of the economic impact of alternative control strategies. (4) All other information that the Office of Small Business Ombudsman considers necessary for the board's review. (f) All equipment, files, records, contracts, agreements and all other materials and supplies which are used, employed

or expended by the Office of Small Business Ombudsman shall be transferred to the Department of Environmental Protection. (7.9 amended Dec. 18, 1996, P.L.1150, No.174) Compiler's Note: Section 2 of Act 174 of 1996, which amended section 7.9, provided that Act 174 shall be retroactively applied to January 1, 1991, in dismissing any pending legal or administrative action by the Department of Environmental Protection arising from any activity which, by enactment of Act 174, is not subject to the provisions of Act 787. Section 7.10. Transportation Management Associations.--(a) The department, in consultation with the Department of Transportation, may, after public notice and comment, designate one or more transportation management associations to serve specific regions of this Commonwealth to provide services to employers required by the Clean Air Act to reduce employe vehicle trips and encourage the use of carpooling, vanpooling and public transportation to reduce air pollution. (b) For purposes of this section, transportation management associations shall consist of nonprofit corporations designated by the department to broker transportation services, including, but not limited to, public transportation, vanpools, carpools, bicycling and pedestrian modes, as well as strategies such as flextime, staggered work hours and compressed work weeks for corporations, employes, developers, individuals and other groups. (7.10 added July 9, 1992, P.L.460, No.95) Section 7.11. Notice of Sanctions.--(a) Whenever the Commonwealth is notified that the Environmental Protection Agency has made a final or proposed finding on a State implementation plan submitted by the Commonwealth or a local air pollution control agency, the department shall notify, within ten (10) working days of receipt of the notice, the Environmental Resources and Energy Committee of the Senate and the Conservation Committee of the House of Representatives of the agency's findings. (b) Whenever the Commonwealth is formally notified that it is subject to discretionary or mandatory sanctions under section 179 of the Clean Air Act, the department shall, within ten (10) working days of the receipt of this notice, notify the Environmental Resources and Energy Committee of the Senate and the Conservation Committee of the House of Representatives. (7.11 added July 9,1992, P.L.460, No.95) Section 7.12. Missed Federal Deadlines.--Whenever the Environmental Protection Agency has missed a deadline for developing regulations or guidance on which states must rely to comply with deadlines in the Clean Air Act by more than ninety (90) days and, in the opinion of the department, the Environmental Protection Agency has failed to provide it with timely guidance needed to comply with the act in a timely
manner, the department may bring a legal action against the Environmental Protection Agency in a court of competent jurisdiction seeking an injunction to restrain the EnvironmentalProtection Agency from enforcing the applicable Clean Air Act deadline on the Commonwealth until and unless the Environmental Protection Agency develops the appropriate regulation or guidance which allows the Commonwealth a reasonable opportunity to comply with the Clean Air Act. (7.12 added July 9, 1992, P.L.460, No.95) Section 7.13. Air Quality Improvement Fund.--(7.13 repealed Nov. 17, 1998, P.L.788, No.100) Section 8. Unlawful Conduct.--It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this act or the rules and regulations adopted under this act or to fail to comply with any order, plan approval, permit or other requirement of the department;

or to cause a public nuisance; or to cause air pollution, soil

or water pollution resulting from an air pollution incident;

or to hinder, obstruct, prevent or interfere with the department

or its personnel in their performance of any duty hereunder, including denying the department access to the source or facility; or to violate the provisions of 18 Pa.C.S. § 4903 (relating to false swearing) or 4904 (relating to unsworn falsification to authorities) in regard to papers required to be submitted under this act. The owner or operator of an air contamination source shall not allow pollution of the air, water

or other natural resources of the Commonwealth resulting from the source. For any air pollutant for which the board has set

an emissions standard or for any source for which a permit has been issued by the department, a release of such pollutant in accordance with that standard or permit shall not constitute a violation of this act. (8 amended July 9, 1992, P.L.460, No.95) Section 9. Penalties.--(a) Any person who violates any provision of this act, any rule or regulation adopted under this act, any order of the department or any condition or term of any plan approval or permit issued pursuant to this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00) for each separate offense and, in default of the payment of such fine, may be sentenced to imprisonment for ninety (90) days for each separate offense. Employes of the department authorized to conduct inspections or investigations

are hereby declared to be law enforcement officers authorized to issue or file citations for summary violations under this act, and the General Counsel is hereby authorized to prosecute these offenses. For purposes of this subsection, a summary offense may be prosecuted before any district justice in the county where the offense occurred. There is no Accelerated Rehabilitative Disposition authorized for a summary offense. (b) (1) Any person who wilfully or negligently violates any provision of this act, any rule or regulation adopted under this act or any order of the department or any condition or term of any plan approval or permit issued pursuant to this act commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than one thousand dollars ($1,000.00) nor more than fifty thousand dollars ($50,000.00) for each separate offense or to imprisonment for a period of not more than two (2) years for each separate offense, or both. (2) Any person who knowingly makes any false statement or representation in any application, record, report, certification

or other document required to be either filed or maintained by this act or the regulations promulgated under this act commitsa misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than fifty thousand dollars ($50,000.00) for each separate offense or to imprisonment for

a period of not more than two (2) years for each separate offense, or both. (3) Any person who negligently releases into the ambient air any hazardous air pollutant listed under section 112 of the Clean Air Act or any extremely hazardous substance listed under section 302(a) (2) of the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499, 100 Stat. 1613) that is not listed in section 112 of the Clean Air Act and who at the time negligently places another person in imminent danger of death or serious bodily injury commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than five thousand dollars ($5,000.00) nor
more than fifty thousand dollars ($50,000.00) for each separate offense or to imprisonment for a period of not more than one (1) year for each separate offense, or both. (c) (1) Any person who knowingly releases into the ambient air any hazardous air pollutant listed under section 112 of the Clean Air Act or any extremely hazardous substance listed under section 302(a) (2) of the Superfund Amendments and Reauthorization Act of 1986 that is not listed in section 112 of the Clean Air Act and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury commits a felony of the first degree and shall, upon conviction, be sentenced to pay a fine of not less than twenty-five thousand dollars ($25,000.00) nor more than one hundred thousand dollars ($100,000.00) per day for each violation or to imprisonment for a period of not less than two (2) years nor more than twenty (20) years, or both. Any person which is an organization committing such violation shall, upon conviction under this clause, be subject to a fine of not more than one million dollars ($1,000,000.00) per day for each violation. If a conviction of any person under this clause is for a violation committed after a first conviction of such person under this clause, the maximum punishment shall be doubled with respect to both the fine and imprisonment. For any air pollutant for which the board has set an emissions standard

or for any source for which a permit has been issued by the department, a release of such pollutant in accordance with that standard or permit shall not constitute a violation of this section. (2) In determining whether a defendant who is an individual knew that the violation placed another person in imminent danger of death or serious bodily injury: (i) the defendant is responsible only for actual awareness
or actual belief possessed; and (ii) knowledge possessed by a person other than the defendant, but not by the defendant, may not be attributed to the defendant, except that, in proving a defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to be shielded from relevant information. (3) It is an affirmative defense to a prosecution under this subsection that the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of either of the following:(i) An occupation, a business or a profession and the person had been made aware of the risks involved prior to giving consent. (ii) Medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent. The defendant may establish an affirmative defense under this subclause by a preponderance of the evidence. (4) All general defenses, affirmative defenses and bars to prosecution that may apply with respect to other state criminal offenses may apply under this clause and shall be determined by the courts according to the principles of common law. Concepts of justification and excuse applicable under this section may be developed according to those principles. (5) For purposes of this subsection, the term "organization"

means a legal entity, other than a government, established or organized for any purpose, and the term includes a corporation,

a company, an association, a firm, a partnership, a joint stock
company, a foundation, an institution, a trust, a society, a union or any other association of persons. (d) For purposes of subsections (b) and (c) of this section, the term "serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty. (e) For purposes of this section, the term "person" includes, in addition to the entities referred to in section 3, any responsible corporate officer. (f) For purposes of the provisions of subsections (b) and (c) of this section and section 9.1, the term "operator," as used in such provisions, shall include any person who is senior management personnel or a corporate officer. Except in the case of knowing and wilful violations, such term shall not include any person who is a stationary engineer or technician responsible for the operation, maintenance, repair or monitoring of equipment and facilities and who often has supervisory and training duties, but who is not senior management personnel or
a corporate officer. Except in the case of knowing and wilful violations, for purposes of clause (3) of subsection (b) of this section, the term "a person" shall not include an employe who is carrying out his normal activities and who is not a part of senior management personnel or a corporate officer. Except in the case of knowing and wilful violations, for the purposes of clauses (1) and (2) of subsection (b) and subsection (c) of this section, the term "a person" shall not include an employe who is carrying out his normal activities and who is acting under orders from the employer. (g) For purposes of this section, a person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. (9 amended July 9, 1992, P.L.460, No.95) Section 9.1. civil Penalties.--(a) In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this act or any rule orregulation promulgated under this act or any order, plan approval or permit issued pursuant to this act, the department may assess a civil penalty for the violation. The penalty may be assessed whether or not the violation was wilful. The civil penalty so assessed shall not exceed ten thousand dollars ($10,000.00) per day for each violation which occurs in the first three (3) years following enactment of this section, fifteen thousand dollars ($15,000.00) per day for each violation which occurs in the fourth year following enactment of this section and twenty-five thousand dollars ($25,000.00) per day for each violation which occurs in the fifth year and all subsequent years following enactment of this section. In determining the amount of the penalty, the department shall consider the wilfulness of the violation; damage to air, soil, water or other natural resources of the Commonwealth or their
uses; financial benefit to the person in consequence of the violation; deterrence of future violations; cost to the department; the size of the source or facility; the compliance history of the source; the severity and duration of the violation; degree of cooperation in resolving the violation; the speed with which compliance is ultimately achieved; whether the violation was voluntarily reported; other factors unique to the owners or operator of the source or facility; and other relevant factors. (b) When the department proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty. The person charged with the penalty shall then have thirty (30) days to pay the proposed penalty in full, or, if the person wishes to contest the amount of the penalty or the fact of the violation to the extent not already established, the person shall forward the proposed amount of the penalty to the hearing board within the thirty (30) day period for placement in an escrow account with the State Treasurer or any Commonwealth bank or post an appeal bond to the hearing board within thirty (30) days in the amount of the proposed penalty, provided that such bond is executed by a surety licensed to do business in the Commonwealth and is satisfactory to the department. If, through administrative or final judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of the penalty shall be reduced, the hearing board shall, within thirty (30) days, remit the appropriate amount to the person with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond at the time of the appeal shall result in a waiver of all legal rights to contest the violation or the amount of the civil penalty unless the appellant alleges financial inability to prepay the penalty or to post the appeal bond. The hearing board shall conduct a hearing to consider the appellant's alleged inability to pay within thirty (30) days of the date of the appeal. The hearing board may waive the requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the hearing board finds that the appellant is financially unable to pay. The hearing board shall issue an order within thirty (30) days of the date of the hearing to consider the appellant's alleged inability to pay. The amount assessed after administrative hearing or after waiver of administrative hearing shall be payable to the Commonwealth and shall be collectible in any manner provided by law for the collection of debts, including the collection of interest at the rate established in subsection (c) of section 6.3, which shall run from the date of assessment of the penalty. If any person liable to pay any such penalty neglects or refusesto pay the same after demand, the amount, together with interest and any costs that may accrue, shall constitute a debt of such person, as may be appropriate, to the Clean Air Fund. The debt shall constitute a lien on all property owned by said person when a notice of lien incorporating a description of the property of the person subject to the action is duly filed with the prothonotary of the court of common pleas where the property is located. The prothonotary shall promptly enter upon the civil judgment or order docket, at no cost to the department, the

name and address of the person, as may be appropriate, and the amount of the lien as set forth in the notice of lien. Upon entry by the prothonotary, the lien shall attach to the revenues and all real and personal property of the person, whether or not the person is solvent. The notice of lien, filed pursuant to this subsection, which affects the property of the person shall create a lien with priority over all subsequent claims

or liens which are filed against the person, but it shall not affect any valid lien, right or interest in the property filed in accordance with established procedure prior to the filing of a notice of lien under this subsection. (9.1 amended July 9, 1992, P.L.460, No.95) Section 9.2. Disposition of Fees, Fines and Civil Penalties.--(a) Except as provided under subsection (a.1), all fines, civil penalties and fees collected under this act shall be paid into the Treasury of the Commonwealth in a special fund known as the Clean Air Fund, hereby established, which, along with interest earned, shall be administered by the department for use in the elimination of air pollution. The department may establish such separate accounts as may be necessary or appropriate to implement the requirements of this act and the Clean Air Act. The board shall adopt rules and regulations for the management and use of the money in the fund. (a.1) The following shall apply: (1) If an incident results in the imposition of a fine or civil penalty of at least fifty thousand dollars ($50,000), twenty-five per centum (25%) of the fine or civil penalty collected shall be returned by the department to the municipality in which the violation occurred to be used for projects that eliminate or reduce air pollution or for parks, recreation projects, trails or open spaces. (2) The department shall notify the municipality in which the violation occurred of the imposition of the fine or civil penalty under subsection (a) within five (5) business days after the expiration of the right to file an appeal of the fine or civil penalty or after all appeals of the fine or civil penalty have been exhausted. (3) Within one hundred and eighty (180) days of the department's notification of the municipality under clause (2), the municipality shall submit a project proposal to the department for review and approval. (4) Upon approval of the project, the department shall release twenty-five per centum (25%) of the fine or civil penalty collected to the municipality. If the cost of the project exceeds twenty-five per centum (25%) of the fine or civil penalty, the department may award additional money from the fine or civil penalty to the municipality. (5) If all fines and civil penalties deposited into the Clean Air Fund are less than one million eight hundred fifty thousand dollars ($1,850,000) for the previous fiscal year, clause (1) shall not apply for the current fiscal year. (6) If the united States Environmental Protection Agency and the department jointly prosecute a violation of the CleanAir Act, this act or a regulation adopted under this act, the fines and penalties collected shall not be subject to this subsection and subsection (a.2). (7) A municipality may assign its claim to funding under clause (1) to the county in which the violation occurred within the one hundred eighty (180) day period specified in clause (3). The county shall submit a project proposal in compliance with clause (1) to the department for review and approval within forty-five (45) days of the expiration of the one hundred eighty (180) day period. (8) If a municipality does not submit a project proposal within the one hundred eighty (180) day period specified in clause (3) or provides notification of its intent not to file

a project proposal during the one hundred eighty (180) day period, the county in which the violation occurred may submit

a project proposal in compliance with clause (1) to the department for review and approval within forty-five (45) days of the expiration of the one hundred eighty (180) day period. (a.2) within five (5) business days of imposition of a fine

or civil penalty under this act, the department shall notify the municipality in which the violation occurred of the violation. (b) The Clean Air Fund may be supplemented by appropriations from the General Assembly, the Federal, State or local government or any private source. (c) The Clean Air Fund shall not be subject to 42 Pa.C.S. Ch. 37 Subch. C (relating to judicial computer system)

. (9.2 amended July 7, 2011, P.L.27l, No.57) Section 9.3. Continuing Violations.--Each day of continued violation and each violation of any provision of this act, any rule or regulation adopted under this act or any order of the department or any condition or term of any plan approval or permit issued pursuant to this act shall constitute a separate offense and violation. (9.3 added July 9, 1992, P.L.460, No.95) Section 10. Civil Remedies.--(10 repealed July 9, 1992, P.L.460, No.95) Section 10.1. Enforcement Orders.--(a) The department may issue such orders as are necessary to aid in the enforcement of the provisions of this act. These orders shall include, but shall not be limited to, orders modifying, suspending, terminating or revoking any plan approvals or permits, orders requiring persons to cease unlawful activities or cease operation of a facility or air contamination source which, in the course of its operation, is in violation of any provision of this act, any rule or regulation promulgated under this act

or plan approval or permit, order to take corrective action or to abate a public nuisance or an order requiring the testing, sampling or monitoring of any air contamination source or orders requiring production of information. Such an order may be issued if the department finds that any condition existing in or on the facility or source involved is causing or contributing to

or is creating a danger of air pollution or if it finds that the permittee or any person is in violation of any provision of this act or of any rule, regulation or order of the department. (b) The department may, in its order, require compliance with such conditions as are necessary to prevent or abate air pollution or effect the purposes of this act. (c) An order issued under this section shall take effect upon notice, unless the order specifies otherwise. An appeal to the hearing board of the department's order shall not actas a supersedeas, provided, however, that, upon application and for cause shown, the hearing board may issue such a supersedeas under rules established by the hearing board. (d) The authority of the department to issue an order under this section is in addition to any remedy or penalty which may be imposed pursuant to this act. The failure to comply with any such order is hereby declared to be a public nuisance. (10.1 added July 9, 1992, P.L.460, No.95) section 10.2. Appealable Actions.--Any person aggrieved by

an order or other administrative action of the department issued pursuant to this act or any person who participated in the public comment process for a plan approval or permit shall have the right, within thirty (30) days from actual or constructive notice of the action, to appeal the action to the hearing board in accordance with the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act, and 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies)

. (10.2 added July 9, 1992, P.L.460, No.95) Section 10.3. Limitation on Action.--The provisions of any other statute to the contrary notwithstanding, actions for civil Dr criminal penalties under this act may be commenced at any time within a period of seven (7) years from the date the offense is discovered. (10.3 added July 9, 1992, P.L.460, No.95) Section 11. Powers Reserved to the Department Under Existing Laws.--Nothing in this act shall limit in any way whatever the powers conferred upon the department under laws other than this act, it being expressly provided that all such powers are preserved to the department and may be freely exercised by it. No court exercising general equitable jurisdiction shall be deprived of such jurisdiction even though a nuisance or condition detrimental to health is subject to regulation Dr other action by the board under this act. (11 amended July 9, 1992, P.L.460, No.95) Section 12. Powers Reserved to Political Subdivisions.--(a) Nothing in this act shall prevent counties, cities, towns, townships or boroughs from enacting ordinances with respect to air pollution which will not be less stringent than the provisions of this act, the Clean Air Act or the rules and regulations promulgated under either this act or the Clean Air Act. This act shall not be construed to repeal existing ordinances, resolutions or regulations of the aforementioned political subdivisions existing at the time of the effective date of this act, except as they may be less stringent than the provisions of this act, the Clean Air Act or the rules or regulations adopted under either this act Dr the Clean Air Act. (b) The administrative procedures for the abatement, reduction, prevention and control of air pollution set forth in this act shall not apply to any county of the first or second class of the Commonwealth which has and implements an air pollution control program that, at a minimum, meets the requirements of this act, the Clean Air Act and the rules and regulations promulgated under both this act and the Clean Air Act and has been approved by the department. (b.1) Provisions of this act pertaining to dust control

measures shall not apply to portions of highways in townships of the second class where no businesses or residences are located. ((b.1) added Nov. 28, 1995, P.L.645, No.68) (c) (1) Whenever, either upon complaint made to or initiated by the department, the department finds that any person is in violation of air pollution control standards, orrules and regulations promulgated pursuant to the grant of authority made in subsection (b), the department shall give notification of that fact to that person and to the air pollution control agency of the county involved. (2) If such violation continues to exist after said notification has been given, the department may take any abatement action provided for under the terms of this act. (d) Whenever the department finds that violations of this act or the rules and regulations promulgated under this act are
so widespread that such violations appear to result from a failure of the local county control agency involved to enforce those requirements, the department may assume the authority to enforce this act in that county. (e) The department shall have the power to refuse approval,

or to suspend or rescind approval, once given, to any county air pollution control agency if the department finds that such county agency is unable or unwilling to conduct an air pollution control program to abate or reduce air pollution problems within its jurisdiction in accordance with the requirements of this act, the Clean Air Act or the rules and regulations promulgated under both this act and the Clean Air Act. (f) Whenever the department takes action under the provisions of subsections (d) or (e) of this section, it shall give written notification to the air pollution control agency of the county involved and such notification shall be an appealable action. (g) Irrespective of subsection (b) above, and in order that the civil and criminal penalties and equitable remedies for air pollution violations shall be uniform throughout the Commonwealth, the penalties and remedies set forth in this act shall be the penalties and remedies available for enforcement of any municipal air pollution ordinances or regulations, and shall be available to any municipality, public official, or other person having standing to initiate proceedings for the enforcement of such municipal ordinances or regulations, and the amounts of the fines or civil penalties set forth herein shall be the amounts of the fines or civil penalties assessable and to be levied for violations of any municipal ordinances or regulations. It is hereby declared to be the purpose of this section to enunciate further that the purpose of this act is to provide additional and cumulative remedies to abate the pollution of the air of this Commonwealth. Any action for the assessment of civil penalties brought for the enforcement of a municipal air pollution ordinance or regulation shall be brought in accordance with the procedures set forth in such ordinance. Where any municipal ordinance or regulation does not provide a procedure for the assessment of civil penalties, the provisions related to assessment and collection of civil penalties of section 9.1 shall apply. (h) Nothing in this act shall affect the Municipal Planning Code unless required by the Clean Air Act. (12 amended July 9, 1992, P.L.460, No.95) Section 12.1. Construction.--Nothing in this act shall be construed as estopping the Commonwealth, or any district attorney or solicitor of a municipality, from proceeding in courts of law or equity to abate pollutions forbidden under this act, or abate nuisances under existing law. It is hereby declared to be the purpose of this act to provide additional and cumulative remedies to abate the pollution of the air of this Commonwealth, and nothing contained in this act shall in any way abridge or alter rights of action or remedies now or hereafter existing in equity, or under the common law orstatutory law, criminal or civil, nor shall any provision of this act, or the granting of any plan approval or permit under this act, or any act done by virtue of this act, be construed

as estopping the Commonwealth, persons or municipalities, in the exercise of their rights under the common law or decisional law or in equity, from proceeding in courts of law or equity to suppress nuisances, or to abate any pollution now or hereafter existing, or enforce common law or statutory rights. No courts of this Commonwealth having jurisdiction to abate public or private nuisance shall be deprived of such jurisdiction to abate any private or public nuisance instituted by any person for the reason that such nuisance constitutes air pollution. (12.1 amended July 9, 1992, P.L.460, No.95) section 13. Public Nuisances.--A violation of this act or of any rule or regulation promulgated under this act or any order, plan approval or permit issued by the department under this act shall constitute a public nuisance. The department shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, the department or any Commonwealth agency which undertakes to abate

a public nuisance may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in section 9.1. Whenever the nuisance is maintained or continued contrary to this act or any rule or regulation promulgated under this act or any order, plan approval or permit, the nuisance may be abatable in the manner provided by this act. Any person who causes the public nuisance shall be liable for the cost of abatement. (13 amended July 9, 1992, P.L.460, No.95) Section 13.1. Search Warrants. --Whenever an agent or employe of the department, charged with the enforcement of the provisions of this act, has been refused access to property,

or has been refused the right to examine any air contamination
source, or air pollution control equipment or device, or is refused access to or examination of books, papers and records pertinent to any matter under investigation, such agent or employe may apply for a search warrant to any Commonwealth official authorized by the laws of the Commonwealth to issue the same to enable him to have access, examine and seize such property, air contamination source, air pollution control equipment or device, or books, papers and records, as the case may be. It shall be sufficient probable cause to issue a search warrant that the inspection is necessary to properly enforce the provisions of this act. (13.1 amended July 9, 1992, P.L.460, No.95) Section 13.2. Confidential Information.--All records, reports or information obtained by the department or referred to at public hearings under the provisions of this act shall be available to the public, except that upon cause shown by any person that the records, reports or information, or a particular portion thereof, but not emission data, to which the department has access under the provisions of this act, if made public, would divulge production or sales figures or methods, processes
or production unique to such person or would otherwise tend to affect adversely the competitive position of such person by revealing trade secrets, including intellectual property rights, the department shall consider such record, report or information, or particular portion thereof confidential in the administration of this act. The department shall implement this section consistent with sections 112(d) and 114(c) of the Clean Air Act. Nothing herein shall be construed to prevent disclosureof such report, record or information to Federal, State or local representatives as necessary for purposes of administration of any Federal, State or local air pollution control laws, or when relevant in any proceeding under this act. (13.2 amended July 9, 1992, P.L.460, No.95) Section 13.3. Existing Rules, Regulations, Permits and Approvals.-- (13.3 repealed July 9, 1992, P.L.460, No.95) Section 13.4. Public Nuisances.--(13.4 repealed July 9, 1992, P.L.460, No.95) Section 13.5. Variances.--(13.5 repealed July 9, 1992, P.L.460, No.95) Section 13.6. Suits to Abate Nuisances and Restrain Violations.--(a) Any activity or condition declared by this act to be a nuisance or which is otherwise in violation of this act shall be abatable in the manner provided by law or equity for the abatement of public nuisance. In addition, in order to restrain or prevent any violation of this act or the rules and regulations promulgated under this act or any plan approval or permit or orders issued by the department or to restrain the maintenance and threat of public nuisance, suits may be instituted in equity or at law in the name of the Commonwealth upon relation of the Attorney General, the General Counsel, the district attorney of any county or the solicitor of any municipality affected after notice has first been served upon the Attorney General of the intention of the General Counsel, district attorney or solicitor to so proceed. Such proceedings may be prosecuted in the Commonwealth Court or in the court of

common pleas of the county where the activity has taken place, the condition exists or the public is affected, and, to that end, jurisdiction is hereby conferred in law and equity upon such courts. Except in cases of emergency where, in the opinion of the court, the exigencies of the case require immediate abatement of the nuisance, the court may, in its decree, fix a reasonable time during which the person responsible for the nuisance may make provision for the abatement of the same. (b) In cases where the circumstances require it or the public health is endangered, a mandatory preliminary injunction, special injunction or temporary restraining order may be issued upon the terms prescribed by the court, notice of the application therefor having been given to the defendant in accordance with the rules of equity practice, and, in any such
case, the Attorney General, the General Counsel, the district attorney or the solicitor of any municipality shall not be required to give bond. In any such proceeding the court shall, upon motion of the Commonwealth, issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct as defined by this act or is engaged in conduct which is causing immediate and irreparable harm to the public. In addition to an injunction, the court in such equity proceedings may levy civil penalties in the same
manner as the department in accordance with section 9.1. (c) Except as provided in subsection (d) of this section, any person may commence a civil action to compel compliance with this act or any rule, regulation, order or plan approval

or permit issued pursuant to this act by any owner or operator alleged to be causing or contributing to a violation of any provision of this act or any rule or regulation promulgated under this act or any plan approval, permit or order issued by the department. In addition to seeking to compel compliance, any person may request the court to award civil penalties. The court shall use the factors and amounts contained in section 9.1 in awarding civil penalties under this subsection. Suchpenalties shall be paid into the Clean Air Fund established by section 9.2 or be used to prevent air pollution in the county where the violation occurred. Except where 42 Pa.C.S. (relating to judiciary and judicial procedure) requires otherwise, the courts of common pleas shall have jurisdiction of such actions. Such an action may not be commenced if the department has commenced and is diligently prosecuting a civil action in a Federal or State court or is in litigation before the hearing board to require the alleged violator to comply with this act, any rule or regulation promulgated under this act or any order, plan approval or permit issued pursuant to this act, but, in any such action in a Federal or State court or before the hearing board, any person having or representing an interest which is or may be adversely affected may intervene as a matter of right without posting bond. (d) An action pursuant to subsection (c) of this section may not be commenced prior to sixty (60) days after the plaintiff has given notice in writing of the violation to the department and to any alleged violator. (e) The sixty (60) day notice provisions of subsection (d) of this section to the contrary notwithstanding, any action pursuant to subsection (c) of this section may be initiated immediately upon written notification to the department in the

case where the violation or condition complained of constitutes

an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff. (f) The court, in issuing any final order in any action brought pursuant to subsection (c) of this section, may award costs of litigation, including attorney and expert witness fees, to any party whenever the court determines such an award is appropriate. Except as provided in subsection (b) of this section, the court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond

or equivalent security in accordance with the Pennsylvania Rules of Civil Procedure. (13.6 added July 9, 1992, P.L.460, No.95) Section 14. Severability.--The provisions of this act are severable and if any provision, sentence, clause, section or part thereof shall be held illegal, invalid, unconstitutional

or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of the ordinance or their application to him or to other persons and circumstances. It is hereby declared to be the legislative intent that this act would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included therein, and if the person or circumstances to which the ordinance or any part thereof is inapplicable had not specifically been exempted therefrom. Section 15. Effective Date.--This act shall take effect immediately: Provided, however, That the rules and regulations promulgated pursuant to the provisions of this act shall be of

no effect until one (1) year after the passage of this act.

# APPENDIX A

-4

DEP Statewide 2013 Annual Network Review

EPA Approval Letter

Bureau of Air Quality Department ofEnvironmental Protection

### [This page intentionally left blank

.]UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103-2029



### The Honorable E. Christopher Abruzzo, Acting Secretary Pennsylvania Department ofEnvironmental Protection Rachel Carson State Office Building P.O. Box 2063 Harrisburg, Pennsylvania 17105-2063

I 0J'Ih< ./1 

### Dear Secretary

### ~ruzzo: / 

### By letter and enclosures dated July 23,2013, the Pennsylvania Department ofEnvironmental Protection (PADEP) submitted to the U.S. Environmental Protection Agency (EPA) an annual ambient air monitoring network plan in accordance with the regulatory requirements of40 CFR Section 58

- Ambient Air Quality Surveillance. Based on our review, EPA hereby approves PADEP's July 23, 2013 annual ambient air monitoring network plan on the basis that the plan meets the requirements of40 CFR Part 58.10.

Additionally, 40 CFR Section 58.11(c) requires any changes to the air monitoring network or design ofthe following air monitoring systems be approved by the EPA Administrator:

a) Photochemical Assessment Monitoring Systems (PAMS) b) Particulate Matter Speciation Trends Network (STN) c) The National Core Monitoring Network (NCore)

EPA determined that PADEP's July 23, 2013 annual ambient air monitoring network plan does
not require approval from the EPA Administrator because there were no changes to any ofthe air monitoring systems listed above.

Ifyou have any questions please do not hesitate to contact me or have your staffcontact Mrs. Laura Mohollen, EPA's Pennsylvania Liaison, at (215) 814-3295. For questions regarding this approval action, your staffmay contact Ms. Diana Esher, Director, Air Protection Division, at (215) 814-2706.

cc: Ms. Joyce Epps, PADEP



# ... Sincerely, 

# /l, ,/1 

### / YI'I " ,I**.../~.Jr'IC-** , I i

# l/

/ I/o

. .r**£.or~----"**



### ., Shawn M. Garvin Regional Administrator

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### [This page intentionally left blank

.]

# APPENDIX A

-5

Allegheny County 2013 Annual Network Review

EPA Approval Letter

Bureau of Air Quality Department ofEnvironmental Protection

### [This page intentionally left blank

.]UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION Ill 1650 Arch Street Philadelphia, Pennsylvania 19103-2029



### Mr. James Thompson Air Quality Program Manager Allegheny County Health Department 301 39111 

### Street, Building#7 Pittsburgh, Pennsylvania 15213

Dear Mr. Thompson:

By letter and enclosures dated July 1, 2013, the Allegheny County Health Department (ACHD) submitted to the U.S. Environmental Protection Agency (EPA) an annual ambient air monitoring network plan in accordance withthe regulatory requirements of40 CFR Part 58

- Ambient Air Quality Surveillance. Based on our review, EPA approves ACHD's July 1, 2013 annual ambient air monitoring network plan on the basis that the plan meets the requirements of40 CFR Part 58.10.

Additionally, 40 CFR Section 58.11(c) requires any changes to the air monitoring network or design ofthe following air monitoring systems be approved by the EPA Administrator:

a) Photochemical Assessment Monitoring Systems (PAMS) b) Particulate Matter Speciation Trends Network (STN) c) The National Core Monitoring Network (NCore)

EPA determined that ACHD's July 1, 2013 annual ambient air monitoring network plan does not require approval from the EPA Administrator because there were no changes to any ofthe air monitoring systems listed above

.

Ifyou have any questions please do not hesitate to contact me or have your staffcontact Mrs. Laura Mohollen, EPA's PennsylvaniaLiaison, at (215) 814

-3295. For questions regarding this approval action, your staffmay contact Ms. Diana Esher, Director, Air Protection Division, at (215) 814

-2706.

cc: Mr. Darrell Stem

, ACHD Sincerely, 

# At'i?-_ti{

# 1:~ Shawn M. Garvin Regional Administrator



# .,. '·J Printedon I00% recycled/recyclablepaper with 100%post-consumer fiber andprocess clllorine free. Customer Service Hotline: 1-800-438-2474

### [This page intentionally left blank

.]

# APPENDIX A

-6

Philadelphia County 2013 Annual Network Review

EPA Approval Letter

Bureau of Air Quality Department ofEnvironmental Protection

### [This page intentionally left blank

.]UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION Ill 1650 Arch Street Philadelphia, Pennsylvania 19103-2029



### Dr. Donald F. Schwarz, MD, MPH, Health Commissioner City ofPhiladelphia Department ofPublic Health 140 1 JFK Boulevard, Room 600 Philadelphia, Pennsylvania 19102

Dear Dr. Schwarz:

By letter and enclosures dated July 1, 2013, the City ofPhiladelphia Air Management Services (AMS) submitted to the U.S. Environmental Protection Agency (EPA) an annual ambient air monitoring network plan in accordance withthe regulatory requirements of40 CFR Part 58 -AmbientAir Quality Surveillance. Based on our review, EPA partially approves AMS's July 1, 2013 annual ambient air monitoring network plan onthe basis that the plan meets the requirements of40 CFR Part 58.10. EPA also approves your request for exclusion ofthe PM2.5 continuous FEM data from site 42-101-0004 as per 40 CFR Part 58.11(e)

.
Additionally, 40 CFR Section 58.11(c) requires any changes to the air monitoring network or design ofthe following air monitoring systems be approved by the EPA Administrator:

a) Photochemical Assessment Monitoring Systems (PAMS) b) Particulate Matter Speciation Trends Network (STN) c) The National Core Monitoring Network (NCore)

EPA determined that AMS's July 1, 2013 annual ambient air monitoring network plan requires a separate approval from the EPA Administrator because ofthe relocation ofthe NCore monitoring site. As such, AMS's 2013 monitoring network plan has been forwarded to EPA's Office ofAir Quality Planning and Standards to complete the approval process.

Ifyou have any quest.ions please do not hesitate to contact me or have your staffcontact Mrs. LauraMohollen, EPA's Pennsylvania Liaison

, at (215) 814-3295. For questions regarding this approval action, your staffmay contact Ms. Diana Esher, Director, Air Protection Division, at (215) 814-2706.

cc: Thomas Huynh, AMS Sincerely,

# ~1ir--fd.

# }i_:_

Shawn M. Garvin Regional Administrator



# ... t.., Printed 011 I00% recycled /rec yclablepaper witIt I00%post-consumer fiber andprocess chlorine free

. CustomerServiceHotline: 1-800-438-2474

### [This page intentionally left blank

.]