APPENDIX A

Documents Provided for Reference Purposes Only

Not for Approval in the SIP

Bureau of Air Quality

Department of Environmental 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 of Environmental Protection
[This page intentionally left blank.]
COMMONWEALTH OF PENNSYLVANIA 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BUREAU OF AIR QUALITY CONTROL 

ALLEGHENY COUNTY AIR QUALITY PROGRAM 

APPROVAL WITH CONDITIONS 

The Department of Environmental Protection (DEP or Department) hereby 

approves the Allegheny County Air Quality program under Section 12 of the Air 

Pollution Control Act (APCA), 35 P.S. §4012, subject to the following conditions: 

I. GENERAL CONDITIONS 

a. Allegheny County will implement the Allegheny County Air Pollution 

Control Program in a manner consistent with the regulations contained in Article 

XXI of the rules and regulations of the Allegheny County Health Department 

submitted to and approved by the Department along with any amendments to these 

rules and regulations approved by the Department. 

: b. Allegheny County shall implement regulatory requirements promulgated 

by the Department applicable to air contamination sources including mobile sources 

located in Allegheny County. Allegheny County shall also promulgate regulations 

to implement regulations promulgated by the Department. Allegheny County will 

describe the process and timing for implementation of these regulations in the 

Annual Program Plan. 

c. Any provisions to the contrary notwithstanding, Allegheny County shall 

not implement the Nitrogen Oxides Allowance Requirements program at 25 Pa. 

Code Sections 123.101 through 123.120. The Department shall retain authority to 

implement this program for sources located in Allegheny County. The Department 

shall also retain authority to implement any regulatory programs developed to 

implement the EPA NO. State Implementation Plan (SIP) call in Pennsylvania 

including any program to implement Phase III of the Ozone Transport Commission 

NOx Memorandum of Understanding. 

d. The requirements for notification, enforcement and program suspension 

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

§4012(c), (d), (e) and (f)). 

e. The Department shall have access to and the right to examine and copy 

any pertinent books, documents, letters, reports or records related to the Allegheny 

County Program. 

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f. Under 25 Pa. Code §127.706(b), no later than November 15 of each year, 

Allegheny County shall submit to DEP a description of the implementation of the 

Allegheny County Air Pollution Control Program for the following calendar year, 

including the Title V operating permit program, along with a detailed accounting of 

the costs of implementation. 

g. Allegheny County will, during a period of time agreeable to both 

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

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

Department's Air Information Management System (AIMS) through the exchange 

of data. The Department agrees to provide training and the necessary support to 

Allegheny County as needed. 

h. The Department will provide Allegheny County with policy and guidance 

documents and technical interpretations related to implementation of the 

Department's air quality program. Allegheny County shall have an opportunity to 

comment during the development of these documents. Allegheny County shall 

follow these policy and guidance documents and technical interpretations when 

implementing regulations promulgated by the Department or, where applicable, to 

the implementation of appropriate rules and regulations or Allegheny County. 

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

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executed by Allegheny County, the Department and the U.S. Environmental ( . 

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

Title V Operating Permits Program Implementation Agreement executed by the 

Department and EPA applicable in Allegheny County. 

II. FINANCIAL ASSISTANCE 

a. Allegheny County shall collect the Title V emission fees applicable to 

facilities located in Allegheny County under 25 Pa. Code Section 127.705 and shall 

provide information needed by the Department to evaluate the adequacy of these 

fees and proper use of the fees. 

b. Allegheny County shall deposit all Title V fees collected by the county into 

a restricted account established by Allegheny County to implement the Title V 

program. All interest earned on account funds shall be paid to the restricted 

account. Funds used from this account shall be used exclusively to implement the 

requirements of the Title V program in Allegheny County. 

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

on its behalf, shall be the primary contact with the Department for financial issues. 

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d. A list of emission fees collected from Title V facilities shall be maintained 

Allegheny County. 

e. An accounting of how Title V emission fees were expended by Allegheny 

County shall be provided to the Department on a calendar quarterly basis. This 

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

f. Audit 

1. Allegheny County shall use generally accepted accounting 

procedures for all Title V fees using at a miuimum invoices, subcontracts, 

time reports and employee expense reports and shall keep separate, 

appropriate books and records that will establish the receipt and expenditure 

of all Title V fees. Such records shall be retained and made available for 

audit for a period of three (3) years. 

2. Allegheny County shall, on an annual basis, on or before 

September 1, submit to the Department a financial audit of the Title V 

restricted account. 

m. ANNUAL PROGRAM PLAN 

Allegheny County (County) shall submit an annual work plan to the 

Department for review. The plan shall describe how the County will implement the 

air pollution control program for the following calendar year and shall be submitted 

by November 15 of the preceding year. The plan shall provide a workload 

projection for the following year including but not limited to the number of 

construction and operating permits to be issued, the number of compliance 

inspections to be conducted, the number of complaints to be investigated, the 

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

for substantial workload for the Allegheny County staff. The plan shall also 

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

and the expected completion dates. 

IV. EMISSIONS REPORTING 

Allegheny County shall implement an emissions reporting program as 

follows: 

Emission Inventory 

Allegheny County shall maintain a computerized emission inventory for all 

facilities that are classified as major facilities for Title V, MCT, NSR or PSD and 

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also for any other categories offacilities identified by DEP. DEP will notify 

Allegheny County of any changes to the list at least 90 days prior to the next ( 

reporting period and allow Allegheny County 60 days for review and comment. 

Allegheny 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 emissions and emission rates from each source for CO, NOx, 

SO" VOC, PMlO and the Section 112(b) air toxic pollutants. The inventory shall 

detail actual emissions for each source on a monthly basis unless otherwise agreed 

upon by DEP and Allegheny County. 

Emission Statements 

Allegheny County shall require an annual emission statement from facilities 

that emit VOC or NO •. Except as otherwise required by Allegheny County's 

regulations, if the facility category is listed on the exemption list published at 23 

Pa. Bulletin 1994-1995, and any amendments to that exemptions list, then only 

those facilities with an actual emission rate of 25 tons per year or more of VOC or 

NOx need to submit a statement. The emission statement must indicate the actual 

emissions ofVOC and NO., the method used to calculate the emissions, and a 

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

Facilities subject to the Emission Statement regulation must also provide an 

estimate of the average pounds of NO. and VOC emitted per day during the ozone 

season (June - August) for each source within the facility. The average pounds per ( 

day must not be diluted by non-operational periods during the ozone season. The 

statement shall be required by March 1 for the preceding calendar year. Allegheny 

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

emission inventory on an annual basis. 

V. EMISSION REPORTING REQUIREMENTS 

Allegheny County shall provide the following to DEP on an annual basis in a 

method mutually agreed upon by both agencies: 

1. The names of all facilities which provided emission inventory 

and/or emission statement information for the preceding calendar year. 

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

statement for facilities identified by DEP. DEP will use AIMS to the 

maximum extent possible for this purpose. 

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VI. SOURCE MONITORING 

Inspections 

Allegheny County shall conduct at least one Level II inspection, as defined by 

EPA, at the Class A and B facilities, as defined by EPA in AIRS, selected for 

inspection in the annual plan. 

Allegheny County will conduct low RVP gasoline, Stage IIII and NESHAP 

asbestos removal inspections in accordance with the annual plan. Inspection 

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

adequately trained in inspection methods including bulk sampling techniques 

(asbestos, fuel oil, VOC, etc.) and certified to read visible emissions in accordance 

with EPA Method 9 or other DEP approved methods including procedures provided 

in the Source Testing Manual established by Allegheny County and approved by 

the DEP in writing. 

Complaint Handling 

Allegheny County shall have a system in place to record complaints and 

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

Inspection reports shall clearly indicate the results of an investigation. Allegheny 

County shall notify complainants regarding the outcome of their complaints as 

appropriate. 

VII. SOURCE MONITORING REPORTING REQUIREMENTS 

Allegheny County shall provide the following to DEP on a quarterly basis, 

within 30 days after the end of each quarter, using a method mutually agreed upon 

by both agencies. For purposes of this approval, the first calendar quarter will end 

on March 31st unless specifically stated otherwise. 

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

quarter. The list shall include the company name, plant name, plant address 

and the date of the inspection. 

2. The number of low RVP gasoline and Stage IIII inspections 

conducted during the calendar quarter. 

3. The number ofNESHAP asbestos removal notifications received 

and the number of NESHAP asbestos inspections conducted during the 

calendar quarter. 

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4. The number of complaints received and investigated during the 

calendar quarter. 

5. An opportunity to audit inspection reports which are to be 

identified by DEP at least 30 days in advance. 

VIII. ENFORCEMENT 

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

documented, Allegheny County shall take real:Jonable and necessary action to 

achieve compliance including notifying the operator of the violation and taking 

enforcement action. DEP recognizes the discretionary nature of enforcement and, 

to the maximum extent possible, will rely on Allegheny County's judgment in 

determining what level of enforcement is appropriate. If DEP determines that 

Allegheny County is unwilling or unable to resolve a violation, DEP may pursue 

resolution of the violation in accordance with Section 12 of the APCA, 35 P.S. 

§40 12, after providing notice to Allegheny County and an opportunity for discussion 

between DEP and Allegheny County. 

Allegheny County will provide enforcement information to EPA consistent 

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

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compliance system available to Allegheny County for this purpose. ( 

IX. ENFORCEMENT REPORTING REQUIREMENTS 

Allegheny County shall provide the following to DEP quarterly, within 30 

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

agencies: 

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

quarter. 

2. A copy of any enforcement policy or penalty policy revised or 

created during the preceding calendar quarter. 

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

identified by DEP. 

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X. AMBIENT AIR MONITORING 

Allegheny County shall conduct an ambient air monitoring program which 

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

Allegheny County will develop a mechanism to provide the Department with 

real-time access to Allegheny County air monitoring database as required by DEP 

for access to air monitoring data and standard reports. This capability will be 

jointly managed by Allegheny County and the DEP COPAMS staff. 

XI. AMBIENT AIR MONITORING REPORTING REQUIREMENTS 

Allegheny County shall provide the following to DEP using a method 

mutually agreed upon by both agencies: 

1. A quarterly report verifying the ambient air monitoring data 

submission to the EPA AIRS/ AQS database within 90 days after the end of 

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

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

assurance statistical reports (precision checks and audits) for data not 

directly submitted to AIRS. 

2. An opportunity for DEP to comment on the annual SLAMS network 

review (40 CFR 58.20d). Comments will be included in the annual review 

report submitted to EPA along with any air monitoring network 

modifications required and agreed upon by Allegheny County and DEP in 

writing. 

XII. STACK TESTING REQUIREMENTS 

Each stack test required by Allegheny County shall meet the applicable 

requirements specified in 25 Pa. Code Chapter 139 and DEP's Source Testing 

Manual and procedures provided in the Source Testing Manual established by 

Allegheny County that have been approved by the DEP. 

XIII. STACK TESTING REPORTING REQUIREMENTS 

Allegheny County shall provide the following to the DEP quarterly, within 30 

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

agencies: 

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

stack tests performed during the quarter, or some other equivalent report. ( 

2. An opportunity to review stack test information for tests identified 

by DEP which can include the test report summary, Allegheny County's 

decision regarding the acceptability of the test results, and Allegheny 

County's observation report. 

XIV. CONTINUOUS EMISSION MONITORING 

Allegheny County shall, at a minimum, implement a continuous emission 

monitoring program in accordance with 25 Pa. Code Chapter 139 unless 

modifications of the requirements are approved by DEP in writing. 

XV. CONTINUOUS EMISSION MONITORING REPORTING 

REQUIREMENTS 

Allegheny County shall provide a list of all monitors approved in the County. 

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

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

1. A list of continuous emission monitors approved during the 

calendar quarter. 

2. A list of continuous emission monitors pending approval. 

3. An opportunity to audit the complete approval for continuous 

emission monitors identified by DEP. 

XVI. AIR QUALITY PERMITTING 

a. Allegheny County shall continue to implement an air contamination 

source permitting program, as approved by DEP, that is at least as stringent as the 

requirements of 25 Pa. Code Chapter 127. Allegheny County's permitting program 

shall conform to or be more stringent than that of DEP, and be implemented in 

accordance with DEP policies and procedures, unless modifications are approved by 

DEP in writing. Allegheny County's permitting program may be more stringent 

than the Department's permitting program. 

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b. Allegheny County's permitting program shall include, at a minimum, the 

following program elements necessary to conduct reviews and approve/deny plans 

to construct, modify and operate air contamination sources: 

1. Title V permits; 

2. Synthetic Minor source permits; 

3. NSPS source permits in conformance with EPA specifications; 

4. PSD source permits in conformance with EPA specifications; 

5. NSR review and permitting; 

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

permitting thresholds, and do not qualify for the exemptions published at 23 

Pa. Bulletin 1994·1995 and any amendments to that exemptions list. 

7. MACT operating permits; 

8. Section 111(d) of the Clean Air Act operating permits; 

9. RACT operating permits; 

10. BACT permitting requirements in accordance with DEP policies 

and procedures or any more stringent Allegheny County policies and 

procedures for new and newly modified sources that are not otherwise 

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

11. Permits for construction of new sources and modification of 

existing sources that do not qualify for the exemptions published at 23 Pa. 

Bulletin 1994·1995 and any amendments to that exemptions list. 

c. Allegheny County shall participate in DEP's regularly scheduled Title V 

and Engineering Services staff meetings. 

d. Allegheny County may use application forms oftheir own design, adapt or 

utilize the Department's forms. 

e. The review of major sources new source review for non·attainment 

pollutants, shall be conducted in accordance with 25 Pa. Code Chapter 127, 

Subchapter E requirements. Allegheny County shall verify that emission reduction 

credits (ERCs) from sources in Allegheny County are permanent, enforceable, 

quantifiable and surplus. Onsite inspections shall be conducted to verify 

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shutdowns. If equipment has not been dismantled or removed, Allegheny County 

shall annually receive certification of the continuance of the shutdown. ( 

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

the Department's Bureau of Air Quality Control, Division of Permits for entry in 

the ERC registry system. 

f. Title V operating permits shall be issued by Allegheny County in 

accordance with the Implementation Agreement between the DEP, Allegheny 

County and EPA, Region ill. Title V operating permits shall follow the format DEP 

has developed in consultation with EPA unless modifications are approved by DEP 

and EPA These permits need not be produceJ through DEP's Air Information 

Management System, but Allegheny County will consider its eventual use. 

XVII. AIR QUALITY PERMITTING REPORTING REQUIREMENTS 

a. Allegheny County shall provide the following to DEP by a method 

mutually agreed upon by both agencies: 

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

2. Copies of all final Title V permits. 

3. Copies of other permits and plan approvals requested by DEP. 

b. DEP shall have the right to comment on or object in writing to the 

issuance of all construction and operating permits proposed by Allegheny County. 

The County shall respond to all comments. Allegheny County shall not issue a 

permit ifDEP objects to its issuance in writing. Allegheny County shall not issue 

the permit until DEP withdraws its objection when satisfied that Allegheny County 

has resolved the basis for the objection. 

October 30, 1998 

Date James M. Seif 

Secretary 

Department of Environmental Protection 

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APPENDIX A-2

2010 Agreement for Implementation of the 

Philadelphia County Air Pollution Control Program

Bureau of Air Quality

Department of Environmental Protection
[This page intentionally left blank.]
AGREEMENT FOR IMPLEMENTATION OF 

THE PHlLADELPHIA COUNTY 

AIR POLLUTION CONTROL PROGRAM 

THIS AGREEMENT is made this day of 2010, by and 

between the Commonwealth of Pennsylvania, Department of Environmental Protection 

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

Public Health (hereinafter called Philadelphia County). 

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

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

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

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

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

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

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

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

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

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

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

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

pollution and air contamination; and, 

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

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

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

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

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

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

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

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

DEP for review and approval; and, 

WHEREAS, Philadelphia County has developed and implemented an air quality 

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

and has previously received delegation from the Environmental Protection Agency 

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

Pollutants, New Source Performance Standards, Prevention of Significant Deterioration 

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

program. ' 

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

follows: 

I. GENERAL CONDmONS 

a. The Department hereby approves the Philadelphia County Air Pollution 

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

P.S. §4012(b». 

b. Philadelphia County will implement the Philadelphia County Air Pollution 

Control Program in a manner consistent with the Program Description and 

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

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

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

need to amend this Agreement. 

c. Philadelphia County shall implement regulatory requirements, promulgated by 

the Department applicable to Philadelphia County. Philadelphia County shall also 

promulgate regulations to implement regulations promulgated by the Department. 

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

regulations in the Annual Workload Projection prepared as required in the 

Implementation Plan. 

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

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

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

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

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

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

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

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

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

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

Program. 

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

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

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

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

accounting of the costs of implementation. 

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

Implementation Plan attached hereto and incorporated herein as Attachment B. 

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

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

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

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

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

as needed. 

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

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

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

Title V Operating Permits Program Implementation Agreement executed by the 

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

Philadelphia County is authorized to implement that agreement. 

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

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

operating permit program. 

IT. FINANCIAL ASSISTANCE 

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

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

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

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

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

agreement. 

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

reasonable direct and indirect costs of administering the operating permit program 

required by Title V of the Clean Air Act. 

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

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

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

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

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

incorporated herein as Attachment D. 

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

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

assistance during the duration ofthis Agreement. 

f Payment provisions. 

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

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

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

outlining anticipated expenses. 

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

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

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

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

agreement. 

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

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

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

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

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

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

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

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

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

5. Philadelphia County shall have discretionary authority to spend the 

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

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

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

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

total annual amount in any year. 

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

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

the Department in the budget of each annual Application. 

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

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

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

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

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

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

application for each annual agreement period. 

g. Audit. 

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

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

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

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

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

and all pending matters are resolved. 

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

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

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

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

submission date as required by federal regulations. 

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

above written. 

ATTESTIWITNESS: 

APPROVED AS TO FORM 

SHELLEY R.SMITH 

CITY SOLICITOR 

Patrick K. 0 'Neill 

Divisional Deputy City Solicitor 

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

COMMONWEALTH OF PENNSYLVANIA 

DEPARTMENT OF ENVIRONMENTAL 

PRO TION 

enneth R. ReIsinger, lng Deputy Secretary for 

aste, Air and Radiation Management 

CITY AND COUNTY OF 

PHILADELPHIA 

DEPARTMENT OF PUBLIC HEALTH 

Donald F. Sc wa z, MD, MPH 

Deputy May , ealth & Opportunity 

Health Commissioner 

Date: pj;a 

Federal Tax Identification 

Number: 23-6405285 

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

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

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

$700,000 are available under Appropriation 

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

PUBLIC HEALTH SERVICES DIVISION 

AIR MANAGEMENT SERVICES 

ATTACHMENT A 

PROGRAM DESCRIPTION 

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

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

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

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

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

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

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

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

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

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

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

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

I. Program Authority and Responsibility 

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

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

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

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

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

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

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

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

vibration nuisances, 

II. Public Services 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

with the state's asbestos worker certification requirements. 

III. Program Organization 

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

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

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

function of each organizational group is described below. 

IV. Program Support Services 

A. Administrative Services 

The Administrative Services group is responsible for providing centralized 

administrative and organizational support related to the development, allocation and 

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

Services provides oversight and coordination of certain decentralized administrative support 

functions associated with agency operating units. Areas of responsibility include 

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

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

organizational development and workforce planning; training coordination; and program 

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

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

Board. 

B. Program Services 

The Program Services group is responsible for providing centralized support related 

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

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

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

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

establishment of appropriate operations management and information systems necessary 

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

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

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

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

compliance databases; mobile source emissions and related transportation project 

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

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

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

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

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

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

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

V. Program Operations 

A. Regulatory Services 

The AMS Regulatory Services group is responsible for implementation and 

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

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

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

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

Asbestos Control. 

1. Source Registration 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

well as any applicable EPA reference methods and performance specifications. 

3 
2. Facility Compliance and Enforcement 

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

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

conducting compliance assurance inspections at permitted facilities; maintaining 

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

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

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

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

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

monitoring source and facility compliance with regulatory and operating permit 

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

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

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

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

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

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

utilized include conducting facility inspections, reviewing and auditing facility compliance 

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

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

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

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

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

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

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

incidents involving possible leaking combustible gases and carbon monoxide from 

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

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

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

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

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

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

Law Department; assessment of administrative penalties; negotiation of compliance 

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

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

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

3. Asbestos Control 

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

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

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

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

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

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

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

Philadelphia Health Code pertaining to asbestos abatement project workplace standards; 

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

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

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

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

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

B. Technical Services 

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

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

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

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

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

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

Chemistry. 

1. Air Monitoring 

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

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

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

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

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

designed and equipped with instrumentation to provide ineasurements of ambient 

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

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

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

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

mouitoring instruments employed conform with federal reference methods established 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Computer Center 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. Analytical Chemistry 

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

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

analysis projects. 

The Calibration unit is responsible for performing required precision and accuracy 

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

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

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

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

troubleshooting and maintenance of air monitoring equipment. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the ragweed pollen season. 

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

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

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

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

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

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

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

exposure assessments and other special studies related to measuring ambient concentrations 

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

VI. Program Resources 

A. Program Service Locations 

AMS Central Office: 

321 University Avenue, 2nd Floor 

Philadelphia, PA 19104 

Telephone (215) 685-7584 

Fax (215) 685-9451 or 685-7593 

B. Program Budget and Staffing 

I. Program Funding: 

(FY2010, $Millions) 

General Fnnd 

2.675 

EPA Grants 

2.675 

2. Program Budget: 

(FY2010, $Millions) 

PA Grant 

0.7 

Class 100 - Personal Services 

Class 200 - Purchase of Services 

Class 300 - Materials and Supplies 

Class 400 - Equipment 

Class 800 - Payments to Others 

7 

AMS Laboratory: 

1501 E. Lycoming Street 

Philadelphia, PA 19124 

Telephone (215) 685-1477 

Fax (215) 685-1476 

Title V Fees 

0.41 

Biowatch 

0.441 

Total 

6.90 

5.446 

0.772 

0.196 

0.245 

0.241 
Total 

3. Program Personnel: 

General Fund 

39 

EPA Grants 

23 

PAGrant 

6 

8 

Title V Fees 

5 

Biowatch 

2 

Total 

75 

6.900 
ATTACHMENT B 

IMPLEMENTATION PLAN 

9 
IMPLEMENTATION PLAN 

ATTACHMENTB 

ANNUAL WORKLOAD PROJECTION 

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

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

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

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

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

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

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

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

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

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

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

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

County and PADEP. 

EMISSIONS REPORTING 

Philadelphia County shall implement an emissions reporting program as 

follows: 

Emission Inventory 

Philadelphia County shall maintain a computerized emission inventory for all 

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

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

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

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

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

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

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

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

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

basis unless otherwise agreed upon by DEP and Philadelphia County. 

Emission Statements 

Philadelphia County shall require an annual emission statement from facilities which 

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

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

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

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

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

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

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

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

inventory on an annual basis. 

EMISSION REPORTING REQUIREMENTS 

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

method mutually agreed upon by both agencies: 

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

statement information for the preceding calendar year. 

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

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

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

(AIMS) to meet this requirement. 

SOURCE MONITORING 

Inspections 

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

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

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

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

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

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

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

approved methods. 

Complaint Handling 

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

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

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

complainants regarding the outcome of their complaints as appropriate. 

SOURCE MONITORING REPORTING REQUIREMENTS 

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

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

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

unless specifically stated otherwise. 

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

11 
list shall include the company name, plant name, plant address and the date 

of the inspection. 

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

3. The number ofNESHAP asbestos removal notifications received and the 

number ofNESHAP asbestos inspections conducted during the calendar 

quarter. 

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

quarter. 

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

ENFORCEMENT 

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

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

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

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

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

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

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

Pennsylvania Air Pollution Control Act. 

Philadelphia County will provide enforcement information to EPA consistent with its 

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

available to Philadelphia County for this purpose. 

ENFORCEMENT REPORTING REQllREMENTS 

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

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

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

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

preceding calendar quarter. 

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

byDEP. 

AMBIENT AIR MONITORING 

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

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

12 
Philadelphia County will provide and maintain real-time access to Philadelphia County 

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

reports. 

AMBIENT AIR MONITORING REPORTING REQUIREMENTS 

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

upon by both agencies: 

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

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

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

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

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

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

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

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

requirement. 

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

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

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

DEP. 

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

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

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

STACK TESTING REQUIREMENTS 

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

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

STACK TESTING REPORTING REQUIREMENTS 

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

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

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

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

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

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

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

13 
CONTINUOUS EMISSION MONITORING 

Philadelphia County shall conduct a continuous emission monitoring program in 

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

approved by DEP in writing. 

CONTINUOUS EMISSION MONITORING REPORTING REQUIREMENTS 

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

Philadelphia CountylDEP Implementation Agreement is signed. Philadelphia County shall 

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

in a method mutually agreed upon by both agencies: 

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

2. A list of continuous monitors pending approval. 

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

DEP. 

AIR QUALITY PERMITTING 

Philadelphia County shall continue to implement an air contamination source permitting 

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

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

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

unless modifications are approved by DEP in writing. 

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

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

operate air contamination sources: 

1. Title V permits; 

2. Synthetic Minor source permits; 

3. NSPS source permits in conformance with EPA specifications; 

4. PSD source permits in conformance with EPA specifications; 

5. NSR review and permitting as specified by DEP; 

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

requirements but have received previous source operating permits from 

Philadelphia County or that meet the following actual emissions criteria: 

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 operating permits; 

10. Best Available Technology permitting requirements in accordance with DEP 

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

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

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

Philadelphia County shall participate in the regularly scheduled Title V and 

Engineering Services staff meetings. 

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

Department's forms to their use. 

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

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

published list of Plan Approval and Operating Permit Exemptions. 

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

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

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

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

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

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

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

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

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

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

revenues and the proper use of said revenues. 

15 
Title V operating pennits shall be issued by Philadelphia County in accordance with the 

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

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

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

to its eventual use. 

AIR QUALITY PERMITTING REPORTING REQUIREMENTS 

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

upon by both agencies: 

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

2. A copy of all final Title V permits. 

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

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

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

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

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

agreement year. 

16 
APPENDIXl 

Guidance for Determining Which Facilities Belong in 

AIMS for Inventory Purposes 

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

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

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

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

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

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

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

21, 1996 Pennsylvania Bulletin. 

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

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

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

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

records to be able to reconstruct emissions for ERC purposes. 

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

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

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

Information Management Section at (717) 783-9241. 

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

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

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

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

A. Title V Facilities 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

dealt with by the AIMS database. 

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

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

incinerators, lead handling operations, and utilities: 

Polychlorobiphenols (PCB) 

Lead (Pb) 

Polycyclic Organic Matter (POM) 

Dioxins 

Furans 

Mercury (Hg) non-coal fired electric generating 

units (EGU) 

Mercury (Hg) coal fired EGUs 

Mercury (Hg) all other types of sources 

B. Synthetic Minor Facilities 

0.01 TPY per source 

0.01 TPY per source 

0.01 TPY per source 

0.00001 TPY per source 

0.00001 TPY per source 

0.0005 TPY per source 

0.0001 TPY per source 

0.01 TPY per source 

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

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

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

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

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

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

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

source, not as site totals. 

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

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

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

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

emissions, the facility must report VOCs and NOx. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

not be possible. 

c. Natural Minor with a State Operating Permit 

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

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

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

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

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

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

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

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

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

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

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

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

SCC-based calculations. 

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

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

D. Natural Minors Exempted from State Operating Permit 

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

these facilities are captured in the area source inventory. 

19 
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APPENDIX A-3

Air Pollution Control Act of 1959

Bureau of Air Quality

Department of Environmental Protection
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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/on April 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 wi th 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 

moni to ring 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, Washington 
and 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 

agricul tural 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 or 
required 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 the 
requirements 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 entire 
Commonwealth 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 expeditious 
action 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 moni toring 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 contamination 
source 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. The 
department 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 creating 
an 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 more 
than 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 health 
risk-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 with 
regard 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 adoption 
of 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 chairman 
of 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 programs 
to 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 Environmental 
Compliance 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 Environmental 
Protection 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 commits 
a 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 or 
regulation 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 refuses 
to 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 Clean 
Air 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 act 
as 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, or 
rules 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 or 
statutory 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 disclosure 
of 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. Such 
penalties 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 of Environmental 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 of Environmental 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 of Environmental 

Protection (PADEP) submitted to the U.S. Environmental Protection Agency (EPA) an annual ambient 

air monitoring network plan in accordance with the regulatory requirements of 40 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 of 40 CFR 

Part 58.10. 

Additionally, 40 CFR Section 58.11 (c) requires any changes to the air monitoring network or 

design of the 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 of the air 

monitoring systems listed above. 

If you have any questions please do not hesitate to contact me or have your staff contact 

Mrs. Laura Mohollen, EPA's Pennsylvania Liaison, at (215) 814-3295. For questions regarding this 

approval action, your staff may 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 il/ 

/ I/o . .r £.or~----" ., 

Shawn M. Garvin 

Regional Administrator 

'.J Printed 011 100% recycled/recyclable paper witll 100% post-consumer fiber and process cllLorine/ree. 

Customer Service Hotline: 1-800-438-2474 
[This page intentionally left blank.]
APPENDIX A-5

Allegheny County 2013 Annual Network Review

EPA Approval Letter

Bureau of Air Quality

Department of Environmental 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 with the regulatory requirements of 40 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 of 40 CFR Part 58.1 0. 

Additionally, 40 CFR Section 58.11(c) requires any changes to the air monitoring network or 

design of the 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 of the air 

monitoring systems listed above. 

If you have any questions please do not hesitate to contact me or have your staff contact 

Mrs. Laura Mohollen, EPA's Pennsylvania Liaison, at (215) 814-3295. For questions regarding this 

approval action, your staff may 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 Printed on I 00% recycled/recyclable paper with 100% post-consumer fib er and process 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 of Environmental 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 of Public Health 

140 1 JFK Boulevard, Room 600 

Philadelphia, Pennsylvania 19102 

Dear Dr. Schwarz: 

By letter and enclosures dated July 1, 2013, the City of Philadelphia Air Management Services 

(AMS) submitted to the U.S. Environmental Protection Agency (EPA) an annual ambient air monitoring 

network plan in accordance with the regulatory requirements of 40 CFR Part 58 -Ambient Air Quality 

Surveillance. Based on our review, EPA partially approves AMS's July 1, 2013 annual ambient air 

monitoring network plan on the basis that the plan meets the requirements of 40 CFR Part 58.1 0. EPA 

also approves your request for exclusion of the 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 of the following air monitoring systems be approved by the EPA Administrator: 

a) Photochemical Assessment Monitoring Systems (P AMS) 

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 of the relocation of the NCore monitoring site. 

As such, AMS' s 2013 monitoring network plan has been forwarded to EPA's Office of Air Quality 

Planning and Standards to complete the approval process. 

If you have any quest.ions please do not hesitate to contact me or have your staff contact 

Mrs. Laura Mohollen, EPA's Pennsylvania Liaison, at (215) 814-3295. For questions regarding this 

approval action, your staff may 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 I 00% recycled/recyclable paper wit It I 00% post-consumer fiber and process chlorine free. 

Customer Service Hotline: 1-800-438-2474 
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