25-CS-0105

Ms. Judith Katz

Air Protection Division

U.S. Environmental Protection Agency

Region III (3APOO)

1 650 Arch Street

Philadelphia, PA 19103-2029

Dear Ms. Katz:

Enclosed are two paper copies and a word searchable pdf document of a revision to Allegheny

County's portion of the Pennsylvania State Implementation Plan consisting of changes to

Allegheny County's Article XXI Air Pollution Control Rules and Regulations. The regulation

changes concern Stage 11 Control of Gasoline Dispensing Facilities, and the addition of 40 CFR

Part 51 Modeling Requirements. These Article XXI revisions are being tracked as our internal

Revision Numbers 43 & 55, respectively.

The public comment period for these regulation changes took place from December 8, 2004,

through January 7, 2005, the day of the public hearing. The County Board of Health approved

the regulation changes on March 2, 2005, County Council enacted the changes on June 7, 2005,

and the County Chief Executive approved the changes on June 13, 2005, with an effective date of

July 10, 2005.

This SIP revision has been sent to Ms. Joyce Epps of the Pennsylvania Department of

Environmental Protection (DEP) Central Office and to Mr. Mark Wayner of DEP Region V for

their review and approval, with a request that it be forwarded to you with their recommendation

for approval. The enclosure has been provided for your review.

Enclosures
25-CS-0105

Ms. Joyce Epps

Department of Environmental Protection

Bureau of Air Quality

Rachel Carson Building

400 Market Street, P. O. Box 8468

Harrisburg, PA 17105-8468

Dear Ms.Epps:

Enclosed are four paper copies and a word searchable pdf document of a revision to Allegheny

County's portion of the Pennsylvania State Implementation Plan consisting of changes to

Allegheny County's Article XXI Air Pollution Control Rules and Regulations. The regulation

changes concern Stage II Control of Gasoline Dispensing Facilities, and the addition of 40 CFR

Part 51 Modeling Requirements. These Article XXI revisions are being tracked as our internal

Revision Numbers 43 & 55, respectively.

The public comment period for these regulation changes took place from December 8, 2004,

through January 7, 2005, the day of the public hearing. The County Board of Health approved

the regulation changes on March 2, 2005, County Council enacted the changes on June 7, 2005,

and the County Chief Executive approved the changes on Julie 13, 2005, with an effective date of

July 10, 2005.

We request that the Pennsylvania Department of Environmental Protection approve this revision

and forward it, in both paper and disk formats, to the U.S. EPA Region III with a

recommendation for approval.

Copies of this submittal have been sent to your Region V Pittsburgh Office and to EPA Region

III for their information and review.
25-CS-0105

Mr. Mark Wayner

Regional Air Quality Manager

Department of Environmental Protection

Southwest Regional Office - Region V

400 Waterfront Drive

Pittsburgh, PA 1 5222-4745

Dear Mr. Wayner:

Enclosed is a revision to Allegheny County's portion of the Pennsylvania State Implementation

Plan consisting of changes to Allegheny County's Article XXI Air Pollution Control Rules and

Regulations. The regulation changes concern Stage II Control of Gasoline Dispensing Facilities,

and the addition of 40 CFR Part 51 Modeling Requirements. These Article XXI revisions are

being tracked as our internal Revision Numbers 43 & 55, respectively.

The public comment period for these regulation changes took place from December 8, 2004,

through January 7, 2005, the day of the public hearing. The County Board of Health approved

the regulation changes on March 2, 2005, County Council enacted the changes on June 7, 2005,

and the County Chief Executive approved the changes on June 13, 2005, with an effective date of

July 10, 2005.

We request that the Pennsylvania Department of Environmental Protection approve this revision and

forward it to the U.S. EPA Region III with a recommendation for approval.

Copies of this submittal have been sent to Ms. Joyce Epps in Harrisburg and to EPA Region III for their

i nformation and review.

Yours truly,

Roger C. Westman , Manager

Air Quality Program

cc:Steve Hepler, DEP

Enclosure
Revision to

ALLEGHENY COUNTY'S

portion of the

PENNSYLVANIA STATE IMPLEMENTATION PLAN

for the

Attainment and Maintenance of the

National Ambient Air Quality Standards

Revisions 43 - Gasoline Dispensing Facilities - Stage II Control

Revision 55 - Appendix W Modeling Requirement

Allegheny County Health Department

Rules and Regulations

Article XXI, Air Pollution Control
Revisions 43 & 55

Table of Contents

1. Revision 43: Changes to Article XXI Rules and Regulations -

§2105.14, Gasoline Dispensing Facilities - Stage II Control

I ncluding Technical Support Document

2. Revision 55: Changes to Article XXI Rules and Regulations -

§2102.06.g, Requirements for Modeling

Including Technical Support Document

3. Documentation of Public Hearing and Certifications

Public hearing notice

Transmittals of hearing notice to EPA & PA DEP

Proof of publication of notice of hearing

Certification of hearing

Summary of Comments and responses

Certifications of approval and adoption
Revision of ALLEGHENY COUNTY'S portion of the

PENNSYLVANIA STATE IMPLEMENTATION PLAN

for the

Attainment and Maintenance of the

National Ambient Air Quality Standards

1. Revision 43

Changes to Allegheny County Health Department Rules and Regulations

Article XXI, Air Pollution Control

§2105.14, Gasoline Dispensing Facilities - Stage 11 Control
Deletions are shown with strikethroughs. Additions are shown in larger font and underlined.

§2105.14 GASOLINE DISPENSING FACILITIES - STAGE II CONTROL

Section amended June 13, 2005, effective July 10, 2005}

a. Applicability. This Section applies to gasoline dispensing facilities owned or operated by

independent small business marketers of gasoline, or the equivalent, as defined under

Section 325 of the Clean Air Act, with monthly gasoline throughput of 50,000 gallons or

more, and to all other gasoline dispensing facilities with monthly gasoline throughput of

10,000 gallons or more.

with throughputs greater than 10,000 gallons per month. In the case of

independent small business marketers of gasoline, as defined in Section 324 of the

Clean Air Act (42 U.S.C.A. 7625(c )), this Section does not apply if the

throughput is less than 50,000 gallons per month.

b. Requirement for Stage II Control.After the date specified in Subsection c, an

owner or operator of a gasoline dispensing facility subject to this Section may not

transfer or allow the transfer of gasoline into a motor vehicle fuel tank unless the

dispensing facility is equipped with a Department approved and properly

operating Stage II vapor recovery or vapor collection system. Unless a higher

percent reduction is required by the EPA under section 182 of the Clean Air Act

(42 U.S.C.A. $ 7511 a), approval by the Department of a Stage II vapor collection

system will be based on a determination that the system will collect at least 95%

by weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel

tank during refueling and the captured vapors are returned to a vapor tight holding

system or vapor control system.

C. Compliance Schedule.

1. Facilities for which construction was commenced after April 1, 1997, shall

achieve compliance at the time of opening of the gasoline dispensing

facility.

2. Facilities which dispense greater than or equal to 120,000 gallons of

gasoline per month, based on average monthly sales during calendar years

1995 and 1996, shall have achieved compliance by July 1, 1999.

3. Facilities which dispense greater than 90,000 gallons per month but less

than 120,000 gallons per month based on average monthly sales during

calendar years 1995 and 1996 shall have achieved compliance by

December 31, 2000.

d. Definition.For the purposes of this Section, the term "construction" includes, but

is not limited to, the addition or replacement of one or more underground gasoline
storage tanks.

e.b. Prohibition. General Requirements. No owner or operator of a gasoline dispensing

facility subject to this Section shall transfer, or allow the transfer of, gasoline into a motor

vehicle fuel tank on or after the effective date of this Section unless: Owners or

operators, or both, of gasoline dispensing facilities subject to this Section shall:

1. The dispensing facility is equipped with a DEP approved and properly operating

and maintained Stage II vapor recovery and control system that collects at least 90

percent, or such higher percentage as is required under Section 182 of the Clean

Air Act, by weight of the gasoline vapors that are displaced or drawn from a

vehicle fuel tank during refueling and returns the captured vapors to a vapor tight

holding system or vapor control system; and

1. Install necessary Stage II vapor collection and control systems, provide

necessary maintenance and make modifications necessary to comply with

the requirements.

2. The owner or operator, or both, has, at all times:

A. Within the past six (6) months, provided adequate training and written

instructions to the operator of the affected gasoline dispensing facility to

assure proper operation of the system;

2. Provide adequate training and written instructions to the operator of the

affected gasoline dispensing facility to assure proper operation of the system.

B. Immediately removed from service and tagged as defective any defective

nozzle or dispensing system;

C. Not returned any defective nozzle or dispensing system to service nor

returned any defective component to service until the defective

component is replaced or repaired and, if such nozzle or system was

found to not be properly tagged under this Section during an inspection

by the Department, until such return to service is approved by the

Department in writing;

3. Immediately remove from service and tag any defective nozzle or

dispensing system until the defective component is replaced or repaired.

A component removed from service may not be returned to service until

the defect is corrected. If the Department finds that a defective nozzle or

dispensing system is not properly tagged during an inspection, the

component may not be returned to service until the defect is corrected, and

the Department approves its return to service in writing.

4.D. Conspicuously posted operating instructions for the system in the gasoline
dispensing area which, at a minimum, include:

A. i. A clear description of how to correctly dispense gasoline with the vapor

recovery nozzles utilized at the site,.

B. ii. A warning that continued attempts to dispense gasoline after the system

indicates that the vehicle fuel tank is full may result in spillage or

recirculation of the gasoline into the vapor collection system;. and

C. iii. A telephone number established by the Department for the public to

report problems experienced with the system;. and

5. Comply with the functional testing and certification requirements specified in

EPA's Stage II Enforcement and Technical Guidance Documents developed

under section 182 of the Clean Air Act to meet the Clean Air Act requirements,

conduct Department approved efficiency tests upon installation, addition, or

replacement of one or more underground storage tanks, and conduct compliance

tests at intervals thereafter according to the following schedule:

A. For vapor balance systems, a pressure decay or leak test once every 5

years, a dynamic back-pressure test once every 5 years, and a blockage

test once every 5 years; or

B. For vacuum-assist systems, including Healy systems, a pressure decay or

leak test once every 12 months, and an air to liquid volume ratio test once

every 12 months; or

C. For all other systems, tests and a testing schedule as approved by the

Department.

6.E. Maintained written and electronic records on the premises of the affected

gasoline dispensing facility, available for inspection and copying by the

Department upon request, ofsystem test results, monthly throughput, type and

duration of any failures of the system, and maintenance and repair activities,,

training, and compliance records. The records shall be kept for the past at

least two (2) years, except for efficiency test reports which shall be kept

since the most recently required testing date.

f c. Exception. The requirements of this Section shall not be effective unless such

requirements are specifically mandated by controlling federal or state laws or regulations.

Any recision of the controlling federal and state laws and regulations mandating these

requirements, or the suspension of enforcement of the same, shall result in the immediate

suspension of the requirements of this Section by the Department.
Technical Support Document for Revision 43

As part of the state plan to control ozone in Southwestern PA, the PA DEP revised their regulations (PA

Code § 129.82) several years ago to require gas refueling stations to install Stage II vapor control systems

according to a compliance schedule. The ACHD is now revising its Stage II regulations to follow the state

revisions. The two agencies regulations are essentially the same. The only significant differences are the

following:

1. Efficiency and Compliance tests (Paragraph e.5), which are listed in state and federal technical

guidance documents, but not referred to in their regulations, have been added by the ACHD.

2. In Paragraph e.6, the ACHD has added the requirement to keep the latest efficiency tests, even if

the testing occurred over 2 years ago. Also in this paragraph, in addition to written records,

electronic records will be required to be maintained on the premises of the gasoline dispensing

facility.

3. The DEP regulations require that a vapor recovery system must be of at least 90% efficiency, but

the ACHD regulations would require 95% (Paragraph b). The DEP has stated that this was an

error on their part; the technical document only allows for units which are 95% efficient. 95%

efficiency is required for any SIP.
Revision of ALLEGHENY COUNTY'S portion of the

PENNSYLVANIA STATE IMPLEMENTATION PLAN

for the

Attainment and Maintenance of the

National Ambient Air Quality Standards

2. Revision 55

Changes to Allegheny County Health Department Rules and Regulations

Article XXI, Air Pollution Control

§2102.06.g, Requirements for Modeling
Additions are shown in larger bold font and underlined.

§2102.06 MAJOR SOURCES LOCATING IN OR IMPACTING A NONATTAINMENT

AREA

{Paragraph b.2 & Subparagraphs b.4.C & D amended and Paragraph a.4 & Subsection f added

September 6, 1995, effective October 20, 1995; Subsection g added by June 13, 2005

amendment, effective July 10, 2005.{

a. Applicability

b. Conditions for Approval

c. Temporary Sources

d. Fuel Switches

e. Analysis of Alternatives

f. Economic Development Zones

g. Requirements for Modeling. Where air quality models are used to meet the

provisions of this Section, modeling shall be based on the applicable models and

other requirements specified in 40 CFR Part 51 Appendix W (Guideline on Air

Quality Models). Where an air quality model specified in the Guideline on Air

Quality Models is inappropriate, the model may be modified or another model may

be substituted only on a case-by-case basis at the Department's discretion upon

written approval by the Administrator of EPA. In addition, use of a modified or

substituted model must be subject to notice and opportunity for public comment

under procedures set forth in 40 CFR 51.102.
Technical Support Document for Revision 55

40 CFR Part 51, Subpart I, "Review of New Sources and Modifications," addresses the need for state

implementation plans to include procedures that discuss the dispersion or other air quality modeling used to

meet the requirements of the subpart. Specifically, the requirements are that all applications of air quality

modeling shall be based on applicable models and other requirements specified in 40 CFR51 Appendix W

(Guideline on Air Quality Models), or a modified Appendix W or substitute thereof, that has been

approved by the EPA Administrator.

To accomplish this SIP requirement, Article XXI §2102.06, "Major Sources Locating in or Impacting a

Nonattainment Area," is being revised here to incorporate the requirements of 40 CFR 51.160.f in a new

Subsection 2102.06.g, "Requirements of Modeling."
Revision of ALLEGHENY COUNTY'S portion of the

PENNSYLVANIA STATE IMPLEMENTATION PLAN

for the

Attainment and Maintenance of the

National Ambient Air Quality Standards

Revisions 43 & 55

Documentation of Public Hearing and Certifications

Public hearing notice

Transmittals of hearing notice to EPA & PA DEP

Proof of publication of notice of hearing

Certification of hearing

Summary of Comments and responses

Certification of approval and adoption
NOTICE OF PUBLIC HEARING

FOR PROPOSED AMENDMENT TO

ALLEGHENY COUNTY HEALTH DEPARTMENT RULES AND REGULATIONS

ARTICLE XXI, AIR POLLUTION CONTROL

The Allegheny County Board of Health will hold a public hearing on Friday, January 7,

2005, at 10:00 AM, Building #7 First Floor Conference Room, Clack Health Center, 301

39th Street, Pittsburgh, PA 15201 to take testimony on the Department's proposed

Amendments to Article XXI, Air Pollution Control for the following:

Update rules on Stage II vapor recovery control systems at gasoline dispensing

facilities to follow rules revised by the PA DEP as part of the state plan to control

ozone formation in Southwestern PA; and

Incorporate air dispersion modeling requirements of 40 CFR 51, Appendix W.

Upon County approval, the amendments will be submitted to the U.S. EPA as a revision

to Pennsylvania's State Implementation Plan.

Copies of the proposed amendments may be examined beginning December 8, 2004, at

the Allegheny County 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 the public hearing. Speakers will be limited to five minutes and should bring

a written copy of their comments.

The Board will accept written testimony beginning Wednesday, December 8, 2004, and

concluding Friday, January 7, 2005, by mail to:

Board of Health

3333 Forbes Avenue

Pittsburgh, PA 15213

By email to BOH@achd.net

By Fax to 412-578-8325
DIRECTOR

Bruce W. Dixon, M.D.

25-CS-1004

Enclosed is a Notice of Public Hearing regarding proposed revisions to the Allegheny County

Health Department Rules and Regulations, Article XXI, Air Pollution Control, and to the

County's portion of the PA State Implementation Plan. The proposed SIP revisions that are

enclosed will:

1. Update §2105.14, "Gasoline Dispensing Facilities - Stage II Control," to essentially be

consistent with the corresponding PA DEP regulations; and

2. Add §2102.06.g, "Major Sources Locating in or Impacting a Nonattainment Area -

Requirements for Modeling," to incorporated requirements to perform modeling in

accordance with 40 CFR 51 Appendix W guidelines.

Please note that the presentation of two separate SIP revisions is in order to facilitate separate

review and approval of the rule changes at the local level. Upon obtaining final County approvals

for both revisions, the ACHD will submit one packaged SIP revision for EPA approval.

Your comments are welcome.

Very truly yours,

AIR QUALITY PROGRAM

301 Thirty-Ninth Street

Pittsburgh, Pennsylvania 15201-1891

December 2, 2004

Ms. Judith Katz, Director

Air Protection Division

U.S. Environmental Protection Agency

Region III (3APOO)

1650 Arch Street

Philadelphia, PA 19103-2029

Dear Ms. Katz:

Roger C. Westman

Manager

cc:

Jayme Graham

James Thompson

Enclosures

• Notice of Public Hearing

• Proposed SIP Revisions 43 and 55
25-CS-1004

DIRECTOR

Bruce W. Dixon, M.D.

Enclosed is a Notice of Public Hearing regarding proposed revisions to the Allegheny County

Health Department Rules and Regulations, Article XXI, Air Pollution Control, and to the

County's portion of the PA State Implementation Plan. The proposed SIP revisions that are

enclosed will:

AIR QUALITY PROGRAM

301 Thirty-Ninth Street

Pittsburgh, Pennsylvania 15201-1891

December 2, 2004

Ms. Joyce Epps, Director

Bureau of Air Quality

Department of Environmental Protection

Rachel Carson Building

400 Market Street

P 0 Box 8468

Harrisburg, PA 17105-8468

Dear Ms. Epps:

1. Update §2105.14, "Gasoline Dispensing Facilities - Stage II Control," to essentially be

consistent with the corresponding PA DEP regulations; and

2. Add §2102.06.g, "Major Sources Locating in or Impacting a Nonattainment Area -

Requirements for Modeling," to incorporated requirements to perform modeling in

accordance with 40 CFR 51 Appendix W guidelines.

Please note that the presentation of two separate SIP revisions is in order to facilitate separate

review and approval of the rule changes at the local level. Upon obtaining final County approvals

for both revisions, the ACHD will submit one packaged SIP revision for DEP and EPA approval.

Copies of these documents have been sent to the DEP office at Region V.

Your comments are welcome.

cc:Jayme Graham

Enclosures

∎ Notice of Public Hearing

∎ Proposed SIP Revisions 43 and 55
25-CS-1004

DIRECTOR

Bruce W. Dixon, M.D.

AIR QUALITY PROGRAM

301 Thirty-Ninth Street

Pittsburgh, Pennsylvania 15201-1891

December 2, 2004

Mark Wayner, Acting Manager - Air Quality

Department of Environmental Protection

Southwest Regional Office - Air Quality

400 Waterfront Drive

Pittsburgh, PA 15222-4745

Dear Mr. Wayner:

Enclosed is a Notice of Public Hearing regarding proposed revisions to the Allegheny County

Health Department Rules and Regulations, Article XXI, Air Pollution Control, and to the

County's portion of the PA State Implementation Plan. The proposed SIP revisions that are

enclosed will:

I . Update §2105.14, "Gasoline Dispensing Facilities - Stage II Control," to essentially be

consistent with the corresponding PA DEP regulations; and

2. Add §2102.06.g, "Major Sources Locating in or Impacting a Nonattainment Area -

Requirements for Modeling," to incorporated requirements to perform modeling in

accordance with 40 CFR 51 Appendix W guidelines.

Please note that the presentation of two separate SIP revisions is in order to facilitate separate

review and approval of the rule changes at the local level. Upon obtaining final County approvals

for both revisions, the ACHD will submit one packaged SIP revision for DEP and EPA approval.

Copies of these documents have been sent to DEP in Harrisburg.

Your comments on all three documents are welcome.

cc:

Stephen Hepler

Enclosures

• Notice of Public Hearing

• Proposed SIP Revisions 43 and 55
No. , Term,

Proof of Publication of Notice in Pittsburgh Post-Gazette

Under Act No. 587, Approved May 16, 1929, P.L. 1784, as last amended by Act No. 409 of September 29, 1951

Attorney for

all
SIP/Article XXI Revisions 43 & 55

Certification of Hearing

Thomas Lattner deposes and says that he is an Air Pollution Control Engineer in

the Air Quality Program of the Allegheny County Health Department and hereby certifies

that a Public Hearing was held on January 7, 2005 on the proposed adoption of changes

to the following sections of Article XXI, the Rules and Regulations of the Allegheny

County Health Department for Air Pollution Control, and amendments to the County

Ordinance No. 16782:

Section 2105.14, "Gasoline Dispensing Facilities - Stage II Control"

and

Section 2102.06, "Major Sources Locating in or Impacting a Nonattainment

Area;" (both changes to be incorporated as revisions to Allegheny County's

portion of the PA State Implementation Plan for the Attainment and Maintenance

of National Ambient Air Quality Standards);

that the opportunity for written comments was given in accordance with the requirements

of 40 CFR 51.102; that notice of such hearing was given by publication in a newspaper

of general circulation on November 30, 2004; and to the best of his knowledge, belief and

understanding, such proceedings were in full compliance with all applicable State and

Federal laws, regulations, and other requirements.

Thomas Lattner

Air Pollution Control Engineer

Air Quality Program

Allegheny County Health Department

Date 1-11-05
Comment And Response Document For SIP Revisions 43 & 55

Gasoline Dispensing Facilities Stage II Control

And

Appendix W Modeling Requirements

January 7, 2005 Public Hearing

1. Comment: The PA DEP reviewed the proposed regulatory language for

conformity with the state's regulations found at 25 Pa. Code Section 129.82, and

offers these comments on Section 2105.14.a, "Applicability":

a.) The proposed wording "based on two year averaging periods" may be

less stringent than the Department's regulation. This wording may

imply that a new facility could wait up to two years after start-up to

determine whether Stage II controls are needed. It is recommended

that the language "based on two year averaging period" be deleted

from the proposed Stage II regulations.

b.) The reference to the Clean Air Act (42 U.S.C.A. Section 7625c) is

incorrect. The "c" should be enclosed by parentheses as in the

following cite: (42 U.S.C.A. Section 7625(c)).

Commenter: Joyce E. Epps, Director, Bureau of Air Quality, PA Department of

Environmental Protection.

Response: The recommended changes have been made.

No other comments were received for either regulation change.
CERTIFICATION of APPROVAL and ADOPTION

To the best of my knowledge, information, and belief, I the undersigned hereby

certify that the amendments to Sections 2105.14 and 2102.06 of Article XXI, Rules and

Regulations of the Allegheny County Health Department, Air Pollution Control, and

Ordinance No. 16782 of the County of Allegheny, adopted by the Allegheny County Board

of Health on March 2, 2005, passed by County Council on June 7, 2005 (Ordinances 32-

05-OR & 33-05-OR, respectively), and signed by the County Chief Executive on June 13,

2005, to become effective July 10, 2005, were duly and properly made available for public

comment and otherwise processed as prescribed by the Local Health Administration Law

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

Allegheny County Health Department and the County of Allegheny as provided for by the

within authority.
CERTIFICATION of APPROVAL and ADOPTION

To the best of my knowledge, information, and belief, I the undersigned hereby

certify that the amendments to Sections 2105.14 and 2102.06 of Article XXI, Rules and

Regulations of the Allegheny County Health Department, Air Pollution Control, and

Ordinance No. 16782 of the County of Allegheny, adopted by the Allegheny County Board

of Health on March 2, 2005, passed by County Council on June 7, 2005 (Ordinances 32-

05-OR & 33-05-OR, respectively), and signed by the County Chief Executive on June 13,

2005, to become effective July 10, 2005, were duly and properly made available for public

comment and otherwise processed as prescribed by the Local Health Administration Law

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

Allegheny County Health Department and the County of Allegheny as provided for by the

within authority .