Mr. Shawn M. Garvin

Regional Administrator AUG 3 0 2010 U.S. Environmental Protection Agency, Region III

1650 ArchStreet (Mail Code: 3RAOO) EPA,REGIONIII Philadelphia, PA 19103-2029 0FFIC0FREGONAL ADMINISTRATOR

Dear Mr. Garvin:

In accordance with Section 110(a) ofthe Clean Air Act, enclosed for your approval is a

revision to Pennsylvania’s State Implementation Plan (SIP) pertaining to amendments to theAllegheny County Health Department (ACHD) Rules and Regulations, Article XXI, AirPollution Control, relating to regulations establishing installation permit application and

administration fees and open burning permit application fees, Sections 2102.10 and 2105.5,

respectively, of Article XXI and County Ordinance 16782. This revision is identified as revision

64 for ACHD’s internal tracking.

The ACHD is a local health agency organized under Local Health Administration Law,

Act 315 of August 24, 1951, P.L. 1304, as amended, whose powers and duties include the

enforcement oflaws relating to public health within Allegheny County. The ACHD has an air

pollution control program that has been approved by DEP in accordance with Section 12 oftheAir Pollution Control Act.

The SIP submittal includes two hard copies and one compact disk consisting ofthe final

rulemakings and documentation ofthe public participation process. The public comment period

for the SIP revision began March 13, 2009, and ended April 14, 2009. A public hearing was heldon April 14, 2009. Comments were addressed in a comment and response document, which is

included in this submittal.

Thank you for your attention to this matter. Should you have any questions concerning

this SIP revision, please contact Joyce E. Epps, Director ofthe Bureau of Air Quality, by e-mail

atjeepps@state.pa.us or by telephone at 717-787-9702. You may also contact

Mr. James B. Thompson, Manager, Air Quality Program, ACHD by e-mail at

jthompson@achd.net or by telephone at 412-578-7963.

Sincerely,

j.W’ \r%C_;

John Hanger

Secretary RECEIVED

Enclosure SEP 22010cc: James Thompson, ACFID DvUii Director (3APOO)

Diana Esher, EPA Region III

An Equal Opportunity Employer www.dep.state.pa.us Printed on Recycled Paper

Ms. Joyce Epps, DirectorDepartment of Environmental ProtectionBureau of Air Quality

Rachel Carson Building400 Market Street, P.O. Box 8468

Harrisburg, PA 17105-8468

Ann S. Francis, R.N.

Hon. Jan Rea

Lidia C. Turzai, M.D.

William Youngblood

Dear Ms. Epps:

Enclosed are two paper copies and a disk containing a pdf version of a revision to Allegheny County’s

portion ofthe Pennsylvania State Implementation Plan for the Attainment and Maintenance ofthe

National Ambient Air Quality Standards related to regulations addressing the establishment of installation

permit application and administration fees, and open burning permit application fees, Sections 2102.10

and 2105.50, respectively, of Article XXI, Air Pollution Control Rules and Regulations, and CountyOrdinance 16782. This SIP revision is being tracked as our internal Revision 64.

This SIP Revision was the subject of a public comment period from March 13, 2009 until April 14, 2009

the date ofthe public hearing. It was approved by the Board of Health on May 6, 2009 and July 1, 2009,

enacted by County Council on July 7, 2009, approved and signed by the Allegheny County Chief

Executive on July 16, 2009, and became effective July 26, 2009.We request that the Pennsylvania Department of Environmental Protection approve this revision and

forward the hard copies and disk to the U.S. EPA Region III with a recommendation for approval.

Copies ofthis submittal have also been sent to your Region V Pittsburgh Office. If you have any

questions, please call me at the number above or email me at ithompson@achd.net.

cc: Arleen Shulman

Enclosures

SIP Revision 64 document and disk

Sincerel,,

Af) \

ames Thompson

Manager

ci

24N-CS-0707

Forthe

Attainment and Maintenance of the National

Ambient Air Quality Standards

Revision Tracking No. 64

Allegheny County Health Department

Rules and Regulations

Article XXI, Air Pollution Control

§2102.10 Installation Permit Application and Administration Fees; and

§21 05.50 Open Burning
g

g

g

§2102.10, Installation Permit Application and Administration Fees§21 05.50, Open Burning

2. Technical Support Document3. Documentation of Public Hearing and Certifications

Public hearing notice and notice

Transmittals of hearing notice to EPA & PA DEP

News Release

Proof of publication of notice of hearing

Certification of hearingSummary of Comments and responsesCertifications of approval and adoption

Page 2
§2102.10 INSTALLATION PERMIT APPLICATION AND ADMINISTRATIONFEES

(Paragraphs b & damendedAugust 12, 1999, effective September 1, 1999)

a. Installation Permit Application Fee. On the date that an application for an Installation Permit is

submitted under this Part the owner or operator ofsuch source shall submit to the Department, inaddition to all other applicable emission and administration fees, an Installation Permit ApplicationFee in an amount determined under, and in accordance with, the requirements ofthis Section.

b. Amount of Application Fees. A schedule ofthe amounts ofthe application fees required by

this Part for Installation Permit Application fees shall be set by the Board of Health.

Consideration shall be given to the decree of technical and regulatory

difficulty in establishing fees for the following categories of installation

permits:

1. For any source requiring a Prevention of Significant Deterioration (PSD) permit

under this Article, shall be $15,000 for calendar years 1995 1999, $18,500 for calendar

years 2000 2001, and $22,700 after the ‘oar 2001.2. For any source requiring an Installation Permit under this Section which requires

the Department to establish a MACT standard for such source, but not subject to

Paragraph 1 above, shall be $5,500 for calendar years 1995 1999, $6,700 for calendar

years 2000 2001, and $8,000 after the year 2001.

3. For any source requiring an Installation Permit under this Section and subject to

§2 102.06 above involving new major sources and major modifications locating in orimpacting a non-attainment area, but not subject to Paragraph I or 2 above, shall be

$3,500 for calendar yearn 1995 1999, $1,300 for calendar years 2000 2001, and$5,300 after the year 2004.

4. For any source requiring an Installation Permit under this Section and subject toan existing NSPS, NESHAP, or MACT standard, but not subject to Paragraph 1, 2, or 3above, shall be $1,200 for calendar years 1995 1999, $1,100 for calendar years 20002001, and $1,700 after the year 2001.

5. For any source requiring an Installation Permit under this Section but not subject

to either Paragraph 1, 2, 3, or 4 above, and for all applications to use general installation

permits, shall be $750 for calendar years 1995 1999 years, $850 for calendar years 2000

2001, and $1MOO after the year 2004.

c. Annual Installation Permit Administration Fee. No later than 30 days after the date that an

application for an Installation Permit is approved under this Part, and on or before the last day of

Page 3
pp

y 

p

pp

a 

p

1. No reassessment of any control technology determination is required; and

2. No reassessment of any ambient air quality impact is required.

The fee Qhall be $200 for calendar years 1995 1999, $230 for calendar years 2000 2001, and

$300 after the year 2001. The fee amount shall be set by the Board of Health.

e. Payment of Fees. Payment ofthe required fees under this Part shall be made by check or money

order payable to the “Allegheny County Air Pollution Control Fund.”

.f. Any fees approved by the Board of Health under the terms of this section

shall not become effective until approved by Allegheny County Council.

§2105.50 OPEN BIJRNING (Subsectionfamended May 8, 2007, effective, August 1 7 2007.)f. Permits.

1. The Department may issue a permit for open burning during a period specified by the

Department, but only where the open burning is solely for:

A. The abatement of a fire or public health hazard or the annual disposal of

Christmas trees when the burning is conducted under the supervision of a publicofficer;

B. The instruction of personnel in fire fighting;

C. The fostering of agriculture;

D. The conducting of a ceremony; or,E. Any other purpose contributing a negligible amount of air contaminants; or

F. Clearing and grubbing wastes subject to, at a minimum, the following

requirements:i. Air curtain incineration units shall be used at all times when burning

clearing and grubbing wastes.

ii. The use of air curtain incineration units shall not be permitted unless

approved by the Department in writing with respect to equipmentarrangement, design, and existing environmental conditions prior tocommencement of burning.

iii. Approval for use of an air curtain incineration unit at one site may be

granted for a specified period not to exceed three months, but may be

Page 4
given fee shall be set by the Board ofHealth:

§2102.10, Installation Permit Application And Administration Fees (SIP Change);

§2 105.50, Open Burning (SIP Change);

Because this regulation change sections §2102.10 and §2105.50 of Article XXI already indentifiedas included in the Allegheny County portion ofthe State Implementation Plan, this regulation

revision constitutes a revision to the State Implementation Plan (SIP).The regulation changes contained in this document were reviewed and approved by the Board ofHealth on May 6, 2009. At their July 1, 2009 meeting, the Board of Health made a minor change

to clarify fee approval process, by adding §2102.10.f and §2105.50.f.1.G:

“Any fees approved by the Board of Health under the terms ofthis section shall

not become effective until approved by Allegheny County Council.”

County Council gave its approval to the document on July 7. The County Chief Executive gave

final approval on July 16, 2009.

Page 6
g 

p

pp

by the Board of Health.

v. If operated at commercial, industrial, or institutional facilities, the air

curtain incinerator may also be subject to the NSPS requirements of 40CFR 60 Subpart CCCC or EEEE.

G. Any fees approved by the Board of Health under the terms of

this section shall not become effective until approved by

Allegheny County Council.

Page 5
Proof of publication of notice of hearingCertification of hearing

Summary ofComments and responses

Certification of approval and adoption

Page 7
g 

, 

, 

g

, 

15201 to take testimony on the following proposed modifications to County Ordinance 16782 and

Allegheny County Health Department Article XXI:

Revision to the following Article XXI sections as they relate to permit and administrative fees:

§2 102.08, Emission Offset Registration;§2 102.10, Installation Permit Application And Administration Fees;

§2 103.40, Administration Fees (for Operating Permits);§2 105.50, Open Burning;§2105.5 1, Abrasive Blasting;§2105.60, Asbestos Abatement Contractor Licenses;§2105.62, Asbestos Abatement Applicability, Federal Requirements, Notices, And Permits; and§2 105.63, Asbestos Abatement Procedures;

Revisions to §2 109.08, Allegheny County Air Pollution Control Fund & Air Quality Fund and

§2 109.09, Allegheny County Clean Air Fund, related to disbursement requirements.

The proposed changes to §2102.10 and §2105.50 only, will be incorporated as a revision toAllegheny County’s portion of the Pennsylvania State Implementation Plan.

Copies ofthe proposed amendments may be examined beginning Friday, March 13, 2009, at the AlleghenyCounty Law Library, Room 921 City-County Building, Grant Street, Pittsburgh, PA 15219, from 8:30 AM

to 5:00 PM; at the Allegheny County Health Department Library, Building 7, Clack Health Center, from

8:30 AM until 3:30 PM Monday thru Friday; on the Allegheny County Health Department web site:

www.achd.net; or by calling 412-578-8120 to request a mailed printed copy.Oral testimony must be pre-scheduled by calling 412-578-8008 no less than 24 hours in advance of thepublic hearing. Speakers will be limited to five minutes and should bring a written copy of their comments.

The Board will accept written testimony beginning Friday, March 13, 2009, and concluding Tuesday,April 14, 2009, by mail to:

Board of Health

3333 Forbes Avenue

Pittsburgh, PA 15213

By email to BOH@achd.net

By Fax to 412-578-8325

Page 8
cc: Arlene ShulmanEnclosures - Proposed Article XXL’SIP Revision 64

Public Hearing Notice

Sincerely,

James Thompson, ManagerAir Quality Program

Paul M. King, Esq,, Q.E.P.

Lee Harnson, M.D.

V.cCPa

Al N. Ahmed, P.E.

Rev. Ricky V. Burgess

Donald S. &xke, M.D.

lIon, JoanCleary, R.N.

lames N. Flynn, 3r.

Udla C. turzai, MD.

Willim Youngblood

Bruce W. Dixon, M.D.

301 

Street — Bldg. #7

Pittsburgh. PA 15201-1691

Phone: t412) 675.8115

Fax: (412)578-8144

March 10, 2009

Ms. Joyce Epps, Director

Department ofEnvironmental Protection

Bureau ofAir QualityRachel Carson Building

400 Market Street, P.O. Boc 8468Hàrrisburg PA 17105-8468

Dear Ms. Epps: . .

Enclosed is a Notice of Public Heaxing scheduled to occur on April 14 2009, regarding roposedrevisions to the Allegheny County Health Department Rules and Regulations, Article XXI, Air

Pollution Control and County Ordinance Number 16782, to revise sections related to Permit andAdministrative Fees and disbursements from the various Air Funds. The-portions ofthese changes thatinclude Sections 2102.10 and 2105,50 will also be submitted as èhanges to Allegheny County’s portion

of the Pennsylvania State Implementation Plan.

The SIP revision is being tracked as our Revision Tracking Number 64,

Copies ofthis notice have also been sent to your Rgion V Pittsburgh Office for their information and

review.

Your comments arc welcome.

Page 9
M.s. Judith Katz, Director

Air Protection Dision

Region III (3APOO)

U.S. Environmental Protection Agency

l65OArch Street

Philadelphia, PA 19103-2029

Phone: (412) 578-8115

Fax: (412) 5184144

March 10,2009

Lee Harrison, M.D.

V’C€ OLr

Al M. Ahrned, P.E.

Rev. Ricky V. Burgess

Donald S. Burke, M.D.

Hon. Joan Cleari, R.N.

James H. Flynn, Jr.

Lidia C. Turzai, M.D.

William Youngblood

DearMs. Katz:

Enclosed is a Notice of Public Hearing scheduled to occur on April 14,2009, regarding proposedrevisions to the Allegheny County Health Department Rules and Regulations, Article XXI, AirPollution Control and County Ordinance Number 16782, to revise sections related In Permit and

Administrative Fees and disbursements from the various Air Funds. The portions ofthese changes that

include Sections 2102.10 and 2105.50 wII also be submitted as changes to Allegheny County’s portion

of the Pennsylvania State Implementation Plan.The SIP revision is being tracked as our Revision Tracking Number 64.

Your comments are welcome.

Enclosures

• Proposed SIP Revision 64

‘ Public Hearing Notice

James Thompson, ManagerAir Quality Program

Page 10
Mr. Mark Wayner

Regional Air Quality ManagerDepartment of Environmental ProtectionSouthwest Regional Office —Region V

400 Waterfmnt Drive

Pittsburgh, PA I 5222-4745

Phone: (412)578-8115

Fax: (412)578-8144

March 10, 2009

Lee Harrison, M.D.

Ve oar

AIM. Ahmed, PE.

Rev. Rlcky V. Burgess

Donald S. Burke, M.D.

Hon. Joan Cleary, R.N.

James M. Flynn, Jr.

Udia C. Turzai, M.D.

Willam Voungblood

Dear Mr. Wayner:

Enclosed is a Notice of Public Hearing scheduled to occur on April 14, 2009, regarding proposed

revisions to the Allegheny County Health Department Rules and Regulations, Article XXI, AirPollution Control and County Ordinance Number I 67X2, to revise sections related to Permit and

Administrative Fees and disbursements from the various Air Funds. The portions of these changes thatinclude Sections 2102.10 and 2105.50 will also be submitted as changes to Allegheny County’s portionofthe Pennsylvania State Implementation Plan.The SIP revision is being tracked as our Revision Tracking Number 64.

Copies ofthis submittal have been sent to Ms. Joyce Epps in Harrisburg for review.Your comments are welcome.

Sincerely,

James Thompson, Manager

Air Quality Program

cc: Steve Hepler

Enclosures

Proposed Article XXI/SIP Revision 64

• Public Hearing Notice

25.oaooe

Page 11
, 

, 

Guillermo Cole, Public Information Officer

412—578—8004, e—mail: gcole@achd.net

For Release: Tuesday, March 17, 2009

HEALTH BOARD SEEKS PUBLIC COMMENT ON CLEAN AIR FUND CHANGES

Hearing Set for April 14 at Clack Health Center in Lawrenceville

The Allegheny County Board of Health has scheduled a public hearing on

Tuesday, April 14, to accept comments on proposed changes to air

pollution regulations relating to permit fees and allowable uses of the

Health Department’s Clean Air Fund.

The hearing will start at 10 a.m. and be held at Clack Health Center,

Building 7, 301 Thirty-ninth Street, Lawrenceville. The public comment

period for the proposed amendments began March 13 and will end with the

hearing on April 14.

Testimony given at the hearing must be scheduled in advance,

by calling 412-578—8008, no later than 4 p.m. on Monday, April 13.

Speakers are limited to five minutes and asked to submit a written copy

of their testimony for the record.

Those who would like to comment but are unable to attend the

hearing may submit comments until April 14 via email, boh@achd.net; fax,

412—578—8325; or postal service, Allegheny County Board of Health, 3333

Forbes Avenue, Pittsburgh, PA 15213.

The revisions are posted on the Health Department’s web

site, www.achd.net, and anyone can also have a copy mailed to them by

calling 412—578—8120.

In addition, the changes may be examined Mondays through Fridays at

Clack Health Center, Building 7, from 8:30 a.m. to 3:30 p.m., and at the

County Law Library, Room 921 City-County Building, Grant Street,

Downtown, from 8:30 a.m. to 5 p.m.

Page 12
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Page 13
Ceflifieati of Hearing

James flioxnpson deposes and says that he s the Manager ofthe Air Quality Program ofthe Allegheny County Health Department and hereby certifies that a Public Hearing washeld on April 14,2009 on the proposed amendment to the County’s portion ofthe

Pennsyh ama State Implementation Plan that ould remove the specific monetaryamounts for various Administration and Pirrnit Fees and revise certain portions of the

regulauoas dealing ith Air Funds DlsbwNerncnts as delineated in Settons 2102 10 and

21 05SO and other sections ofArticle XXI; that the opportunity for written comments was

gnn in accordance with the requirunnts of40 CFR 51 102 that notice ofsuch hnnngwas given by publication in a newspaper of general ctrculatwn on March 10, 2009, and tothe best ,fhi knoledge belief and understanding such proceedings re in fullcompliance vith all applicable State and ledemi laws, regulations and otherrequirements.

i2hompson,

Manager Air Quality ProgramAiieheny County Health Departent

L

Date

Page 14
PROCEDURAL MATTER

Comment related to Article XX4 §2102. 08.a.3., Emission Offset Registration.

1. Comment: The proposed change to Article XXJ, §2102.08.a.3, should be deleted for

the following reason: Federal regulations require that changes to the SIP be made

only after such changes are advertised in a notice ofpublic hearing. This section of

Article XXI is part ofthe SIP, however, that fact was omitted from the public hearingnotice, so the proposed change cannot be submitted as a SIP change.

Commenter: Allegheny County Health Department, Air Quality Program.

Response: The Health Department will delete the changes to §2l02.08.a.3 andresubmit them at another time.

PERMIT AND OTHER ADMINISTRATIVE FEES

Comments related to the amendments proposed to Article XXI §2102.1 0,

§2103.40, §2105.50, §2105.51, §2105.60, §2105.62, and §2105.63, which would

change the way that permit and other administrativefees are set.

2. Comment: What criteria will be evaluated in consideration ofthe degree oftechnical

and regulatory dfJIculty [in settingpermitfees] ? Reliant expects that the costs wouldbe established based on an assessment ofthe fair cost for the personnel of acompetent and efficient organization to review and process the permit application. In

the proposal, it is not obvious whether any evaluation will actually be conducted andthe fees could be established by a totally arbitrary assessment based upon

considerations such as budget deficits.Commenter: Keith Schmidt, Manager, Air Resources, Reliant Energy.

Response: The regulation states “Consideration shall be given to the degree oftechnical and regulatory difficulty in establishing fees.” This is not arbitrary. Thepresent fee structure is similarly based on a scale relative to difficulty in reviewing thepermits.

3. Comment: The lack of a prescribed frequency for fee schedule updates allows the

Board to increase fees without notice to regulated entities.

Commenter: Keith Schmidt, Manager, Air Resources, Reliant Energy.

Response: When the Board ofHealth anticipates the release of a new fee schedule,

the Board will provide adequate notice to the public as well as to regulated entities.

Page 15
Response: The Board of Health allows for public comment at its meetings.

5. Comment: Escalation ofthe fees can be built into the revised regulation as

was established in the current version.

Commenter: Keith Schmidt, Manager, Air Resources, Reliant Energy.

Response: Long term escalating fee structures assume a knowledge of future costs

over a long period. The Board of Health will establish fees based on analysis ofcurrent market costs.

6. Comment: This proposal is inconsistent with the Pennsylvania Department of

Environmental Protection regulations which define the fees and a schedule for

increasing those fees.

Commenter: Keith Schmidt, Manager, Air Resources, Reliant Energy.

Response: The Health Department is not required to maintain consistency with the

Pennsylvania Department ofEnvironmental Protection in setting permit fees. Fees set

for the County will be based on costs at the County level, which may be different than

those ofthe state.

Comments related to the proposed amendments to Article XXI Section 2109. 09.c. 1. G

7. Comment: There is a proposed addition of item G. which includes using funds for

“Any other project that is consistent with the purpose ofthis Section and the mission

ofthe Board.” This addition.. .broadens the possible uses for the Clean Air Fund.G. should not be added.

Commenter: Susan Seppi, GASP. Also, Frances E. Harkins and Jamin Bogi.

Response: The new language does not dilute in any way the strictures on the use ofmonies in the fund. The provisions of new Sub-subparagraph 0 are completely

consistent with the already existing provisions of Subparagraph c. 1, which state that

“Disbursements ofmoniesfrom the Allegheny County Clean Air Fund shall be

utilized solely to support the purposes setforth under Subsection a above. Funds may

therefore be disbursedfor such purposes as, but not limited to:”

Page 16
8. Comment: To a limited extent.. .Penn Future supports the proposed amendments.

Penn Future does, however, believe that the language in the proposed amendment to

Section 2109.09(c)(2) is ambiguous, and recommends that language be clarified to

St

permit up to “five percent ofthe balance ofthe Clean Air Fund on December31 of

the previous calendar year, may be used to fund unanticipated shortfalls from the

normal operating costs ofthe County’s air quality program, or to payfor necessary

improvements to the program’s physical plant and equipment,” rather than be “used to

supplement the normal operating costs ofthe County’s air quality program.

Commenter: John K. Baille, Senior Attorney for PennFuture.

Response: The intent ofthis paragraph (2109.09.c.2) is to allow for flexibility in

funding the Air Quality Program. For clarity, the word “supplement” in the proposed

regulation will be changed to “fund” such that the language now reads “. . .may beused toJçthe normal operating costs ofthe County’s Air Quality Program.”

9. Comment: . . .the amendment language:

(1) Merelypermits such a use of funds, but does not require such an annual

disbursement.

(2) Allows use of “up to five percent” ofthe balance, thus if a smaller percentage is

sufficient to cover excess operating costs, only that percentage necessary to cover

those excess operating costs may be used.

(3) Allows use only to “supplement the normal operating costs ofthe County’s air

quality program,” thus it would be inappropriate to automatically include fivepercent ofthe fund balance in the County air program’s normal budget each yearas a matter of course. Clean Air Funds may only be used in those instances when

typical sources of air program funds are inadequate to meet normal operating

costs.

Commenter: Joseph Osborne, Legal Director, Group Against Smog and Pollution.

Also, Kevin M. Stewart, Director ofEnvironmental Health for the American LungAssociation in Pennsylvania endorsed these comments.Response: See the response to Comment 8.

Page 17
income with regard to future Clean Air Fund requests.

ALLOWING DEPARTMENT FACILITIES THE USE OF ALLEGHENY

COUNTY AIR POLLUTION CONTROL FUND AND CLEAN AIR FUND

DOLLARS TO COMPLY WITH PROVISIONS OF ARTICLE XXI.

Comments related to the proposed amendments to Article XXI Section 2109. 08.c, and

Section 2109.09. c.3.

11. Comment: Under the current version ofArticle XXI, absolutely no air pollution

sources shall receive money from these funds in order to comply with Article XXI.

.use ofthese funds to allow County Air Program facilities to comply with Article

XXI would be consistent with the stated purposes ofthe Air Pollution Control Fund;however, the overbroad amendment Language apparently seeks to allow disbursements

to any and all health department facilities.. .Thus the proposed change to §2109.08.c

must be rejected as inconsistent with the purpose ofthis fund. {The commenter madea similar comment related to §2109.09.c.3}

Commenter: Joseph Osborne, Legal Director, Group Against Smog and Pollution. Also,

Kevin M. Stewart, American Lung Assoc. Similar comments were made by Susan SeppiofGASP, Robert W. Orchowski, P.E., and member ofthe Air Advisory Committee and

Chair ofthe Regulation Subcommittee, Dan Bricmont, Chairman ofthe AdvisoryCommittee, and Jamin Bogi.

Response: The Health Department will add the phrase “supporting the Air Quality

Proam”to the proposed regulation such that the language of §2109.08.c and §2109.09.c.3

will read, “except for Department facilities supporting the Air Quality Program”.

12. Comment: The proposed amendments to Sections 2109.08.c, 2109.09.c.3 and

2109.09.d may jeopardize the County Air Program’s ability to operate effectively and

efficiently. Ifthese funds are depleted, the County Air Program, which no longer

receives any outside funding from the County, may find its ability to operate

compromised. . .all parties recognize that these amendments pose a threat to our

common interest in ensuring that the County Air Program has the resources it needs tooperate effectively and efficiently. For these reasons GASP urges the Board of Health

to reject the proposed changes to Sections 2 109.08.c and 2109.09.09.c.3 & d.

Commenter: Joseph Osborne, Legal Director, Group Against Smog and Pollution.

Also, Kevin M. Stewart, American Lung Assoc.Response: The Health Department will consider the existing fund balances prior to

Air Pollution Control Fund disbursements and Clean Air Fund requests.

Page 18
Committee and the Board ofHealth,

and instead require that the Air Pollution

ControlAdvisory Committee receive only notflcation ofsuch requests.

13. Comment: The Air Pollution Control Advisory Committee is comprised of air

pollution experts (Ref: Section 2101 .07.c.4). . . .GASP can conceive of no legitimatereason why the Board ofHealth would not want to consult with air quality expertsprior to spending money set aside for the specific purpose of improving air quality.

Commenter: Joseph Osborne, Legal Director, GASP. Also, Kevin M. Stewart,

American Lung Assoc. Similar comments were made by Joy Sabl, Ph. D., Mark

Virostek, Ivy Steinberg, and Court Gould, Executive Director of Sustainable

Pittsburgh.Response: To restore the consultative role ofthe Air Pollution Control Advisory

Committee, the Health Department will:Revise §2109.09.d.2 - delete the word “notify” and replace with the phrase “consultwith” such that the revise language reads, “The Department shall notify consult with

the Air Pollution Control Advisory Committee regarding efthe disbursement

request.”Revise the second sentence of §2109.09.d.3 to state: “The request shall include a

summary ofthe consultation with the Air Pollution Control Advisory Committee.”

General Opposition14. Comment: Please consider my opposition to a recently proposed change to Article

XXI §2109.09.d, eliminating the County Air Pollution Control Advisory Committee’svoice in determining how county funds for air quality improvements are spent.

Commenter: Stephanie R. Land, private citizen. Similar comments made by

Barbara Minges, John Shepard, Kathy Rubel, John Nagel, Michael T. Cummins, Jr.,

Barbara Litt, Nicholas Kyriazi, Annie Gensheimer, Chris West, Dr. Karla McNamaraResponse: See the response to Comment 13.

Page 19
(Reference 2101.02.c.7) and possibly an improper Article XXI Rule Change.

Commenter: Susan Seppi, GASP. Similar comments were made by Joseph

Osborne, Legal Director, GASP; John K. Baille, Senior Attorney for PennFuture;Frances E. Harkins, Jamin Bogi, and Pen Unligil, M.D.

Response: Clean Air Fund disbursements are not reviewed by the County Council,

though they have been and are signed by the County ChiefExecutive’s Office. Seethe response to Comment 13 regarding the revisions the Department will make to theproposed regulation language to restore the Advisory Committee’s consultative role.

16. Comment: The proposed revisions in substance and effect totally gut this important

avenue for public input and only specif’ that “The Department shall notifS’ the Air

Pollution Advisory Committee ofthe disbursement request”.

Commenter: Robert W. Orchowski, P.E., and member ofthe Air Advisory

Committee and Chair ofthe Regulation Subcommittee. Also, Dan Bricmont,Chairman ofthe Advisory Committee.

Response: See the response to Comment 13.

17. Comment: . . .these proposed amendments, are undermining citizens’ ability to

im prove the healthfulness oftheir community.

Commenter: Frances E. Harkins.

Response: See the response to Comment 13.

Page 20
authority away from County Council.... ifthe authority shift were to occur, this wouldeffectively eliminate an opportunity for public input when such disbursement requestsare presented to the County Council.Commenter: Robert W. Orchowski, P.E., and member ofthe Air Advisory

Committee and Chair ofthe Regulation Subcommittee. Also, Dan Bricmont,Chairman ofthe Advisory Committee and Susan Seppi of GASP.

Response: Clean Air Fund disbursements are not reviewed by the County Council,though they have been and are signed by the County Chief Executive’s Office. The

County Council will have the opportunity to review and enact this regulation as aCounty Ordinance.

Proposed Changes Minimize the Role ofthe Advisory Committee

19. Comment: Ifthe changes are implemented, the role ofthe Advisory Committee for

this function is transformed from advising (not authorizing) to simply providing an

outlet to disseminate Department requests for disbursements. Reliant is concerned

that the change could appear to be a signal that the Board intends to minimize the

statutory role ofthe Advisory Committee.

Reliant requests that the proposed regulation revisions be rejected.

Commenter: Keith Schmidt, Manager, Air Resources, Reliant Energy.

Response: See the response to Comment 13.

20. Comment: Decreasing the power ofthe Advisory Committee is a step towards

making public involvement merely ornamental and increasingly meaningless.

Commenter: James L. Longhurst, Ph.D., Assistant Professor of History at the

University of Wisconsin La Crosse. Similar comments were made by Frances E.Harkins and Gerald Kruth.

Response: See the response to Comment 13.

Page 21
Commenter: Robert W. Orchowski, P.E., and member ofthe Air AdvisoryCommittee and Chair ofthe Regulation Subcommittee. Also, Dan Bricmont,

Chairman ofthe Advisory Committee.

Response: The Health Department considers this simply a clarification.

22. Comment: The Board ofHealth should be advised that there was no support from

the Advisory Committee [Editorial Note: at the March 24, 2009 Advisory CommitteeMeetingj for the . . .2l09.09.d provisions.. .1 offered a motion to request that theBoard ofHealth delay taking action on the proposed changes to Article XXI,

Subsection 2109.09.d until the Board Chairman.. .or his representative, attends the

next Advisory Committee meeting to address the perceived role ofthe Advisory

Committee vis a vis the Board ofHealth. The motion was seconded and approvedunanimously.

Commenter: Robert W. Orchowski, P.E., and member ofthe Air Advisory

Committee and Chair ofthe Regulation Subcommittee. Also, Dan Bricmont,Chairman ofthe Advisory Committee. A similar comment was made by WaitherGoldburg, Ph.D., Member, Air Pollution Control Advisory Committee.

Response: See the response to Comment 13. The Advisory Committee’s request for

a meeting with Board Chairman has been communicated to the Board ofHealth.

Thefollowing comment was inadvertently missed by ACHD during the preparation of

the packagefor the Board ofHealth and County CounciL Though it is similar to othercomments made above, ACHD is adding it herefor the sake oftransparency.

23. Comment: The Advisory Committee. . .can and does respond directly to the public,

on a monthly basis, without any “sign-up” in advance. This is most important if we

really want citizen participation.

the Sierra Club would like to see that the Advisory Committee remain as it has

always been, advisory to the Board ofHealth.

with many needs unmet in the Air Quality division, (personnel and equipment for

starters), we cannot see how spending it for other things can be justified.

The Sierra Club is not in favor ofthe proposed changes to Article XX1.

Commenter: Marilyn Skolnick, Co-Conservation Chair ofthe Sierra Club of

Allegheny County and former member ofthe Air Pollution Control Advisory

Committee.

Page 22
Page 23
and 2105.50 of Article XXI, Rules and Regulations of the

Allegheny county Health Department, Air Pollution Control, and

Ordinance No. l67F42 of the County of Allegheny, adopteh by the

Allegheny County Board of Health on Nay 6, 2009 and July 1,2009,

enacted by the Allegheny County Council on July 7, 2009

(Ordinance 30-09-OR), approved by the Allegheny County Chief

Executive on July 16, 2009, and effective July 26, 2009, as a

revision to the County’s Portion of the Pennsylvania State

Implesentation Plan for the Attainnent and Maintenance of the

National Ambient Air Quality Standards, were duly and properly

enacted as prescribed by the Local Health Administration Law and

the Second Class County Code, and as such, are fully and legally

enforceable by the Allegheny County Health Department and theCcuntp’ of Allegheny as provided for by the within authority.

Hi?y-t1illor. III, Esquire

Solicitor

Allegheny County Wealth Department

COMMONWEALTh OF PENNSYLVANIA)

COUNT? OF ALLEGHENY ) 5.5.On day of 4 2010,

Henry Miller, III personally appearod before me, the undersigned

authority, satisfactorily proven to me to be the person whose

name appears above, and did in my presence execute the above

certification for the purposes contained therein.

WHERE,QRE, I have hereunto set nw hand and officinl seal

the 3/4 day of 2t2F,E!’i, 2010,

AR? PUBLIC

cMMCNWt?tiH C!’ PliNW5YtVANA

.v1’ftr.:

4 . ‘;;!‘!‘. 29,2011

,.

Page 24
e No. 16782 of the County of Allegheny, adopted by the

Allegheny County Board of Health on May 6, 2009 and July 1,2009,enacted by the Allegheny County Council on July 7, 2009

(Ordinance 3009-OR), approved by the Allegheny County Chief

Rxecutive on July 16, 2009, and effective July 26, 2009, as a

revision to the County’s Portion of the Pennsylvania State

Implementation Plan for the Attainment and Maintenance of the

National Ambient Air Quality Standards, were duly and properly enacted as prescribed by the Local Health Administration Law and

the Second Class County Code, and as such, are fully and legally

enforceable by the Allegheny County Health Department and the

County of Allegheny as provided for by the within authority. t44t frhyiithin authority.

jMichhel H. Wojcik

Solicitor

County of Allegheny

COMMONWEALTh OP PnnNSYLVNlA)

COUNTY OF ALLEGHENY ) S.S.

On the_,Lt day of , 2010,

Michael N. Wojcik personally appared before me, the undersignedauthority, satisfactorily proven to me to be the person whose

name appears above, and did in my presence execute the abovecertification for the purposes contained therein.

WMEREpORE, I have hereunto set my hand and official seal the day of i , 2010.

— 3 L

(NOTARY PUBLIC /

COMMONWEALTh

tatrfM50r$kvNOt4(YPULk(

masan

Ce flJ P,r$Jrçt fl45(r Cn%’ty

Epni Mt2ia

A &da

Page 25

PROCEDURAL MATTER

Comment related to Article X’U, §2102. 08.a.3., Emission Offset Registration.

1. Comment: The proposed change to Article XXI, §2102.08.a.3, should be deleted for

the following reason: Federal regulations require that changes to the SIP be made

only after such changes are advertised in a notice ofpublic hearing. This section of

Article XXI is part ofthe SIP, however, that fact was omitted from the public hearing

notice, so the proposed change cannot be submitted as a SIP change.

Commenter: Allegheny County Health Department, Air Quality Program.

Response: The Health Department will delete the changes to §2102.08.a.3 and

resubmit them at another time.

PERMIT AND OTHER ADMINISTRATIVE FEES

Comments related to the amendments proposed to Article XXI §2102.10,

§2103.40, §2105.50, §2105.51, §2105.60, §2105.62, and §2105.63, which would

change the way that permit and other administrativefees are seL

2. Comment: What criteria will be evaluated in consideration ofthe degree oftechnical

and regulatory dfJIculty [in setting permitfees] ? Reliant expects that the costs wouldbe established based on an assessment ofthe fair cost for the personnel of acompetent and efficient organization to review and process the permit application. In

the proposal, it is not obvious whether any evaluation will actually be conducted and

the fees could be established by a totally arbitrary assessment based upon

considerations such as budget deficits.

Commenter: Keith Schmidt, Manager, Air Resources, Reliant Energy.

Response: The regulation states “Consideration shall be given to the degree of

technical and regulatory difficulty in establishing fees.” This is not arbitrary. Thepresent fee structure is similarly based on a scale relative to difficulty in reviewing thepermits.

3. Comment: The lack of a prescribed frequency for fee schedule updates allows the

Board to increase fees without notice to regulated entities.

Commenter: Keith Schmidt, Manager, Air Resources, Reliant Energy.

Response: When the Board of Health anticipates the release of a new fee schedule,

the Board will provide adequate notice to the public as well as to regulated entities.

Page 15
Response: The Board of Health allows for public comment at its meetings.

5. Comment: Escalation ofthe fees can be built into the revised regulation as

was established in the current version.

Commenter: Keith Schmidt, Manager, Air Resources, Reliant Energy.

Response: Long term escalating fee structures assume a knowledge of future costsover a long period. The Board of Health will establish fees based on analysis ofcurrent market costs.

6. Comment: This proposal is inconsistent with the Pennsylvania Department of

Environmental Protection regulations which define the fees and a schedule for

increasing those fees.Commenter: Keith Schmidt, Manager, Air Resources, Reliant Energy.

Response: The Health Department is not required to maintain consistency with thePennsylvania Department of Environmental Protection in setting permit fees. Fees set

for the County will be based on costs at the County level, which may be different than

those ofthe state.

Comments related to the proposed amendments to Article XVI Section 2109.09. c.1. G

7. Comment: There is a proposed addition of item G. which includes using funds for

“Any otherproject that is consistent with the purpose ofthis Section and the mission

ofthe Board.” This addition.. .broadens the possible uses for the Clean Air Fund.

G. should not be added.Commenter: Susan Seppi, GASP. Also, Frances E. Harkins and Jamin Bogi.

Response: The new language does not dilute in any way the strictures on the use ofmonies in the fund. The provisions of new Sub-subparagraph G are completely

consistent with the already existing provisions of Subparagraph c. 1, which state that

“Disbursements ofmoniesfrom the Allegheny County Clean Air Fund shall be

utilized solely to support the purposes setforth under Subsection a above. Funds may

therefore be disbursedfor such purposes as, but not limited to:”

Page 16
8. Comment: To a limited extent. . .Penn Future supports the proposed amendments.

Penn Future does, however, believe that the language in the proposed amendment to

Section 2109.09(c)(2) is ambiguous, and recommends that language be clarified to

St

permit up to “five percent ofthe balance ofthe Clean Air Fund on December 31 of

the previous calendar year, may be used tofund unanticipated shorifalls from thenormal operating costs ofthe County’s air quality program, or to payfor necessaiy

improvements to the program s physical plant and equipment,” rather than be “used to

supplement the normal operating costs ofthe County’s air quality program.

Commenter: John K. Baille, Senior Attorney for PennFuture.

Response: The intent ofthis paragraph (2109.09.c.2) is to allow for flexibility in

funding the Air Quality Program. For clarity, the word “supplement” in the proposed

regulation will be changed to “fund” such that the language now reads “. . .may be

used tothe normal operating costs ofthe County’s Air Quality Program.”

9. Comment: .. .the amendment language:

(1) Merelypermits such a use of funds, but does not require such an annual

disbursement.

(2) Allows use of”up to five percent” ofthe balance, thus if a smaller percentage is

sufficient to cover excess operating costs, only that percentage necessary to cover

those excess operating costs may be used.

(3) Allows use only to “supplement the normal operating costs ofthe County’s air

quality program,” thus it would be inappropriate to automatically include five

percent ofthe fund balance in the County air program’s normal budget each year

as a matter of course. Clean Air Funds may only be used in those instances when

typical sources of air program funds are inadequate to meet normal operating

costs.

Commenter: Joseph Osborne, Legal Director, Group Against Smog and Pollution.

Also, Kevin M. Stewart, Director ofEnvironmental Health for the American Lung

Association in Pennsylvania endorsed these comments.

Response: See the response to Comment 8.

Page 17
income with regard to future Clean Air Fund requests.

ALLOWING DEPARTMENT FACILITIES THE USE OF ALLEGHENY

COUNTY AIR POLLUTION CONTROL FUN]) AN]) CLEAN AIR FUN])

DOLLARS TO COMPLY WITH PROVISIONS OF ARTICLE XXI.

Comments related to the proposed amendments to Article XXI Section 2109.08.c, and

Section 2109. 09.c.3.

11. Comment: Under the current version ofArticle XXI, absolutely no air pollution

sources shall receive money from these funds in order to comply with Article XXI.

.use ofthese funds to allow County Air Program facilities to comply with Article

X)U would be consistent with the stated purposes ofthe Air Pollution Control Fund;however, the overbroad amendment language apparently seeks to allow disbursements

to any and all health department facilities. ..Thus the proposed change to §2109.08.c

must be rejected as inconsistent with the purpose ofthis fund. {The commenter madea similar comment related to §2109.09.c.3}Commenter: Joseph Osborne, Legal Director, Group Against Smog and Pollution. Also,

Kevin M. Stewart, American Lung Assoc. Similar comments were made by Susan Seppi

of GASP, Robert W. Orchowski, P.E., and member ofthe Air Advisory Committee andChair ofthe Regulation Subcommittee, Dan Bricmont, Chairman ofthe Advisory

Committee, and Jamin Bogi.

Response: The Health Department will add the phrase “supporting the Air Quzlity

Program” to the proposed regulation such that the language of §21 09.08.c and §21 09.09.c.3

will read, “except for Department facilities supporting the Air Quality Program”.

12. Comment: The proposed amendments to Sections 2109.08.c, 2109.09.c.3 and

21 09.09.d may jeopardize the County Air Program’s ability to operate effectively and

efficiently. Ifthese funds are depleted, the County Air Program, which no longerreceives any outside funding from the County, may find its ability to operatecompromised.. .all parties recognize that these amendments pose a threat to ourcommon interest in ensuring that the County Air Program has the resources it needs tooperate effectively and efficiently. For these reasons GASP urges the Board of Health

to reject the proposed changes to Sections 2109.08.c and 2109.09.09.c.3 & d.

Commenter: Joseph Osborne, Legal Director, Group Against Smog and Pollution.

Also, Kevin M. Stewart, American Lung Assoc.

Response: The Health Department will consider the existing fund balances prior to

Air Pollution Control Fund disbursements and Clean Air Fund requests.

Page 18
Co

ttee a

d t

e 

oa

d o

ea

t

,

a

d 

stead 

q

ControlAdvisory Committee receive only notification ofsuch requests.

13. Comment: The Air Pollution Control Advisory Committee is comprised of air

pollution experts (Ref: Section 210 1.07.c.4). . . .GASP can conceive of no legitimate

reason why the Board of Health would not want to consult with air quality expertsprior to spending money set aside for the specific purpose of improving air quality.

Commenter: Joseph Osborne, Legal Director, GASP. Also, Kevin M. Stewart,

American Lung Assoc. Similar comments were made by Joy Sabi, Ph. D., MarkVirostek, Ivy Steinberg, and Court Gould, Executive Director of Sustainable

Pittsburgh.Response: To restore the consultative role ofthe Air Pollution Control Advisory

Committee, the Health Department will:Revise §2109.09.d.2 - delete the word “notif” and replace with the phrase “consult

with” such that the revise language reads, “The Department shall notifj consult with

the Air Pollution Control Advisory Committee regardinz ofthe disbursement

request.”Revise the second sentence of §2109.09.d.3 to state: “The request shall include a

summary ofthe consultation with the Air Pollution Control Advisory Committee.”

General Opposition14. Comment: Please consider my opposition to a recently proposed change to Article

XXI §2109.09.d, eliminating the County Air Pollution Control Advisory Committee’svoice in determining how county funds for air quality improvements are spent.

Commenter: Stephanie R. Land, private citizen. Similar comments made by

Barbara Minges, John Shepard, Kathy Rubel, John Nagel, Michael T. Cummins, Jr.,

Barbara Litt, Nicholas Kyriazi, Annie Gensheimer, Chris West, Dr. Karla McNamara

Response: See the response to Comment 13.

Page 19
(

) 

p

y 

p

p

g

Commenter: Susan Seppi, GASP. Similar comments were made by Joseph

Osborne, Legal Director, GASP; John K. Baille, Senior Attorney for PennFuture;

Frances E. Harkins, Jamin Bogi, and Pen Unligil, M.D.

Response: Clean Air Fund disbursements are not reviewed by the County Council,

though they have been and are signed by the County ChiefExecutive’s Office. Seethe response to Comment 13 regarding the revisions the Department will make to theproposed regulation language to restore the Advisory Committee’s consultative role.

16. Comment: The proposed revisions in substance and effect totally gut this important

avenue for public input and only specify that “The Department shall notify the Air

Pollution Advisory Committee ofthe disbursement request”.

Commenter: Robert W. Orchowski, P.E., and member ofthe Air Advisory

Committee and Chair ofthe Regulation Subcommittee. Also, Dan Bricmont,Chairman ofthe Advisory Committee.

Response: See the response to Comment 13.

17. Comment: . . .these proposed amendments, are undermining citizens’ ability to

im prove the healthfulness oftheir community.

Commenter: Frances E. Harkins.

Response: See the response to Comment 13.

Page 20
authority away from County Council.... ifthe authority shift were to occur, this wouldeffectively eliminate an opportunity for public input when such disbursement requestsare presented to the County Council.

Commenter: Robert W. Orchowski, P.E., and member ofthe Air Advisory

Committee and Chair ofthe Regulation Subcommittee. Also, Dan Bricmont,Chairman ofthe Advisory Committee and Susan Seppi of GASP.

Response: Clean Air Fund disbursements are not reviewed by the County Council,though they have been and are signed by the County Chief Executive’s Office. The

County Council will have the opportunity to review and enact this regulation as aCounty Ordinance.

Proposed Changes Minimize the Role ofthe Advisoly Committee

19. Comment: Ifthe changes are implemented, the role ofthe Advisory Committee for

this function is transformed from advising (not authorizing) to simply providing an

outlet to disseminate Department requests for disbursements. Reliant is concerned

that the change could appear to be a signal that the Board intends to minimize the

statutory role ofthe Advisory Committee.

Reliant requests that the proposed regulation revisions be rejected.Commenter: Keith Schmidt, Manager, Air Resources, Reliant Energy.

Response: See the response to Comment 13.

20. Comment: Decreasing the power ofthe Advisory Committee is a step towards

making public involvement merely ornamental and increasingly meaningless.

Commenter: James L. Longhurst, Ph.D., Assistant Professor of History at the

University ofWisconsin La Crosse. Similar comments were made by Frances E.

Harkins and Gerald Kruth.

Response: See the response to Comment 13.

Page 21
Commenter: Robert W. Orchowski, P.E., and member ofthe Air Advisory

Committee and Chair ofthe Regulation Subcommittee. Also, Dan Bricmont,Chairman ofthe Advisory Committee.

Response: The Health Department considers this simply a clarification.

22. Comment: The Board of Health should be advised that there was no support from

the Advisory Committee [Editorial Note: at the March 24, 2009 Advisory Committee

Meeting] for the .. .2109.09.d provisions.. .1 offered a motion to request that the

Board of Health delay taking action on the proposed changes to Article XXI,

Subsection 2109.09.d until the Board Chairman.. .or his representative, attends the

next Advisory Committee meeting to address the perceived role ofthe AdvisoryCommittee vis a vis the Board ofHealth. The motion was seconded and approved

unanimously.

Commenter: Robert W. Orchowski, P.E., and member ofthe Air Advisory

Committee and Chair ofthe Regulation Subcommittee. Also, Dan Bricmont,Chairman ofthe Advisory Committee. A similar comment was made by WaitherGoldburg, Ph.D., Member, Air Pollution Control Advisory Committee.

Response: See the response to Comment 13. The Advisory Committee’s request fora meeting with Board Chairman has been communicated to the Board of Health.

Thefollowing comment was inadvertently missed by ACHD during the preparation of

the packagefor the Board ofHealth and County CounciL Though it is similar to other

comments made above, ACHD is adding it herefor the sake oftransparency.

23. Comment: The Advisory Committee.. .can and does respond directly to the public,

on a monthly basis, without any “sign-up” in advance. This is most important if we

really want citizen participation.

the Sierra Club would like to see that the Advisory Committee remain as it has

always been, advisory to the Board ofHealth.

with many needs unmet in the Air Quality division, (personnel and equipment for

starters), we cannot see how spending it for other things can be justified.

The Sierra Club is not in favor ofthe proposed changes to Article XX1.

Commenter: Marilyn Skolnick, Co-Conservation Chair ofthe Sierra Club of

Allegheny County and former member ofthe Air Pollution Control AdvisoryCommittee.

Page 22
Page 23
rticle XXI, Rules and Regulations of the

Allegheny County Health Department, Air Pollution Control, and

Ordinance o. 16782 of the county of Allegheny, adoptea by the

Allegheny County Board of Health on May 6, 2009 and July 1,2009,

enacted by the Allegheny County Council on July 7, 2009

(Ordinance 30-09OR), approved by the Allegheny County Chief

Executive on July 16, 2009, and effective July 26, 2009, as a

revision to the County’s Portion of the Pennsylvania State

Implementation Plan for the Attamnnent and Maintenance of the

National Ambient Air Quality Standards, were duly and properly

enacted as prescribed by the t,ocal Health Administration law and

the Second Class county Code, and as such, are fully and legally

enforceable by the Allegheny County Health Department and the

Count 1yof Allegheny as provided for by the within authority.

MEl’r-+I1ler, LII, Esquire

Solicitor

Allegheny County Health Department

COMMONWEAL OF PENNSThVJ!A)

COUNT? OF ALLEGHENY ) S.S.

Onthe’—’ dayof7

2010,

Henry Miller, LII personally appeared before she, the undersigned

authority, satisfactorily proven to me to be the person whose

name appears above, and did in my presence execute the above

certification for the purposes contained therein.

WHERGRE, I have hereunto set my hand and official seal

the _$ day’ of

2010.

TARY PUBLIC

CGJ13 P’NSLVANA

qth

Page 24
the County of Allegheny, adopted by the

Allegheny County Board of Health on May 6, 2009 and July 1,2009,

enacted by the Allegheny County Council on July 7, 2009

(Ordinance 30-09-OR), approved by the Allegheny County Chief

Executive on July 16, 2009, and effective July 26, 2009, as a

revision to the County’s Portion of the Pennsylvania State

Implementation Plan for the Attainment and Maintenance of the

National mbient Air Quality Standards, were duly and properlyenacted as prescribed by the Local Health Administration Law andthe Second Class County Cnde, and as such, are fully and legally

enforceable by the Allegheny County Realth Departutent and the

Count’ of Allegheny as provided for by the within authority.

f9 jthjn authority.

Michhe1 H. Wojcik

Solicitor

County of Allegheny

COMM NWEALTH OF PE2’NSYLVANXA)

COUNTY OF ALLEGHENY

On the L)t( day of 2010,

Michael H. Wojcik personally appared before me, the undersignedauthority, satisfactorily proven to me to be the person whose

name appears above, arid did in my presence execute the above

certification for the purposes contained therein.

WHER.EORE, I have hereunto set my hand and official seal the day of 2010.

‘i 1

JNOTARY PUBLIC

- V

CfMOWEA&TH OFN.L,M1A

F 1erv. Ncwxy P,5i C--ty L,my

M ckEF’e M 2t13J

M,,(flY i”4

Page 25