SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(In accordance with 40 CFR Part 51 - App. V)

SIP Submitted by: Pennsylvania Department of Environmental Protection (PADEP)

Date Submitted: March 7, 2014

Subject: Repeal of Portable Fuel Container Regulation 

Completeness Review /s/

Completed by: Irene Shandruk

Date Completed: March 26, 2014

Administrative Materials ACCEPTABLE

EPA REQUIREMENT STATE SUBMITTAL (X)

1. A formal letter of submittal from the Governor or his designee, 

requesting EPA approval of the plan or revision thereof.

1. Letter dated March 7, 2014, from E. Christopher Abruzzo,

Secretary, PADEP to Shawn M. Gavin, Regional 

Administrator, US EPA Region 3. 

X

2. Evidence that the State has adopted the plan in the State code 

or body of regulations; or issued the permit, order, or consent 

agreement in final form. That evidence shall include the date of 

adoption or final issuance as well as the effective date of the plan, 

if different from the adoption/issuance date.

Check to see if the regulation, permit, order or consent decree has 

a sunset or expiration date. If so it is not acceptable as a SIP 

submission. 

2. The Commonwealth of Pennsylvania provided evidence 

that the Portable Fuel Container regulation was repealed by, 

effective July 14, 2012, and thereby 25 Pa. Code Chapter 130 

was amended to reflect this repeal. The rulemaking was 

published at 42 Pa.B. 4463.

X

3. Evidence that the State has the necessary legal authority under 

State law to adopt and implement the plan.

3. Legislative authority for the Pennsylvania air quality 

program relating to the responsibilities in the CAA is codified

in the Pennsylvania Air Pollution Control Act, 35 P.S. 

§§4001-4015 (APCA), including in section 4 of the APCA, 

which give the PADEP the power and duty to implement the 

provisions of the CAA in the Commonwealth. 35 P.S. 

§§4004(1).

X

4. A copy of actual regulation, or document submitted for 

approval and incorporation by reference into the plan, including 

indication of the changes made to the existing approved plan, 

4. The Commonwealth of Pennsylvania provided evidence 

that the Portable Fuel Container regulation was repealed by, 

effective July 14, 2012, and thereby 25 Pa. Code Chapter 130 

X
EPA REQUIREMENT STATE SUBMITTAL (X)

where applicable. The submittal shall be a copy of the official 

State regulation/document signed, stamped, dated by the 

appropriate State official indicating that it is fully enforceable by 

the State. The effective date of the regulation/document shall, 

whenever possible, be indicated in the document itself.

was amended to reflect this repeal. The rulemaking was 

published at 42 Pa.B. 4463.

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in conducting 

and completing the adoption/issuance of the plan.

5. All of the necessary documentation was included in the 

submittal. A transmittal letter dated March 7, 2014, from E. 

Christopher Abruzzo, Secretary, PADEP to Shawn M. Gavin, 

Regional Administrator, US EPA Region 3; Public Hearing 

notices published in 11 newspapers.

X

6. Evidence that public notice was given of the proposed change 

consistent with procedures approved by EPA, including the date 

of publication of such notice.

6. Proof of publication of Public Hearing notice published in 

11 newspapers.

X

7. Certification that public hearings were held in accordance with 

the information provided in the public notice and the State's laws 

and constitution, if applicable.

7. One public hearing was scheduled for January 14, 2014 at 

the Department’s South-central Regional Office in 

Harrisburg, PA, however, no requests were made to testify so 

the hearing was cancelled. 

X

8. Compilation of public comments and the State's response 

thereto.

8. No public comments were received. X

 Technical Materials

1. Identification of all regulated pollutants affected by the plan. 1. Volatile organic compounds X

2. Identification of the locations of affected sources including the 

EPA attainment/nonattainment designation of the locations and 

the status of the attainment plan for the affected area(s).

2. Statewide X

 

3. Quantification of the changes in plan allowable emissions from 

the affected sources; estimates of changes in current actual 

emissions from affected sources or, where appropriate, 

quantification of changes in actual emissions from affected 

sources through calculations of the differences between certain 

baseline levels and allowable emissions anticipated as a result of 

3. N/A X
EPA REQUIREMENT STATE SUBMITTAL (X)

the revision.

4. The State's demonstration that the national ambient air quality 

standards, prevention of significant deterioration increments, 

reasonable further progress demonstration, and visibility, as 

applicable, are protected if the plan is approved and implemented. 

4. N/A X

5. Modeling information required to support the proposed 

revision, including input data, output data, models used, ambient 

monitoring data used, meteorological data used, justification for 

use of offsite data (where used), modes of models used, 

assumptions, and other information relevant to the determination 

of adequacy of the modeling analysis.

5. N/A X

6. Evidence, where necessary, that emission limitations are based 

on continuous emission reduction technology.

6. N/A X

7. Evidence that the plan contains emission limitations, work 

practice standards and recordkeeping/reporting requirements, 

where necessary, to ensure emission levels.

7. N/A X

8. Compliance/enforcement strategies, including how compliance 

will be determined in practice.

8. N/A X

9. Special economic and technological justifications required by 

any applicable EPA policies. (If a policy is not appropriate, 

explain why.)

9. N/A X

10. A Section 107 request must be accompanied by a 

maintenance plan demonstrating maintenance to the relevant 

NAAQS for at least 10 years after redesignation.

10. N/A X