Donald S. Welsh

Regional Administrator

U.S. Environmental Protection Agency, Region ifi

1650 Arch Street (Mail Code: 3RAOO) JUL 0 1

Philadelphia, Pennsylvania 19103-2029 EPA. REGION Ifl

OIFICEOFREGK)NAL ADMINISTRATOR

Dear Mr. Welsh:

The Department ofEnvironmental Protection (DEP) is submitting for approval a State

Implementation Plan (SIP) revision pertaining to amendments to the Allegheny County Health

Department (ACHD) Rules and Regulations, Article XXI, Air Pollution Control, relating to the

Prevention of Significant Deterioration program for which ACHD has received full delegation of

authority. DEP is also submitting for approval a SIP revision which addresses ACHD’s

compliance with portions of Sections 11 0(a)(2)(C), (D)(i) and (J). These revisions are identified

as revision 62 for ACHD’s internal tracking. The joint public comment period for the two SIP

revisions began April 2, 2008 and ended May 5, 2008. A public hearing was held on

May 2, 2008. No comments were received.

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

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

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

Mr. James E. Thompson, Acting Manager, Air Quality Program, ACH]) by e-mail at

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

RECEIVED

JUL 0 91O8

1. (PU)

Enclosure

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

Ms. Joyce Epps, Director

Department ofEnvironmental Protection

Bureau of Air Quality

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

Harrisburg, PA 17105-8468

, 

James M. Flynn, Jr.

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’sportion ofthe Pennsylvania State Implementation Plan for the Attainment and Maintenance ofthe

National Ambient Air Quality Standards that will add two items: (1) the County’s Prevention of

Significant Deterioration (PSD) regulations as delineated in afready existing Section 2102.07, “Prevention

of Significant Deterioration,” of Article XXI, Air Pollution Control Rules and Regulations; and (2) a letter

that describes how the County meets the Clean Air Act requirements of Sections 11 0(a)(2)(C), (D)(i), and(J) for interstate pollution transport requirements for the 1997 8-hour ozone and PM2.5 NAAQS.

It should be noted that the letter addresses SIP deficiencies identified by PA DEP and EPA, including the

issue of how PM1O is to be used as a surrogate for PM2.5 in lieu ofimplementing PSD rules. Now, with

the subsequent promulgation ofthe PM2.5 NSR implementation rules (73 FR 28321 May 16, 2008,

effective July 15, 2008), and because Allegheny County’s PSD regulations incorporate by reference thefederal PSD regulations of 40 CFR 52.21 in their entirety, ACHD recognizes that it will be following

those federal rules upon the effective date and that the references in our letter to following the guidelines

contained in the October 23, 1997 John S. Seitz memorandum entitled “Interim Implementation ofNew

Source Review Requirements for PM2.5” will then be moot.

This SIP Revision was the subject of a public comment period from April 2, 2008 until May 5, 2008 and

public hearing on May 2, 2008. The Board ofHealth approved it on May 7, 2008. It is being tracked as

our internal Revision 62.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.

24N-CS-0707

Very truly yours,James

6

Thompson

Acting Manager

Air Quality Program

cc: Arlene Shulman w/all enclosures

Steve Hepler

Enclosures

SIP Revision 62

301 Thirty-Ninth Street Rev. Ricky V. Burgess.

Pittsburgh, Pennsylvania 15201-1891 M.F’nnJr

412-578-8 103 Hon. Jan Rea

Lidia C. Turzai, M.D.

June 4, 2008 Wdliam Youngblood

Ms. Judith Katz, Director

Air Protection DivisionRegion III (3APOO)

U.S. Environmental Protection Agency

1650 Arch Street

Philadelphia, PA 19103-2029

Dear Ms. Katz:

This is to inform you that the Allegheny County Health Department has forwarded to the PennsylvaniaDepartment ofEnvironmental Protection two items as a revision to Allegheny County’s portion ofthePennsylvania State Implementation Plan for the Attainment and Maintenance ofthe National Ambient Air

Quality Standards. These two items are: (1) the County’s Prevention of Significant Deterioration (PSD)

regulations as delineated in already existing Section 2102.07, “Prevention of Significant Deterioration,”

ofArticle XXI, Air Pollution Control Rules and Regulations; and (2) a letter that describes how theCounty meets the Clean Air Act requirements of Sections 11 0(a)(2)(C), (D)(i), and (J) for interstate

pollution transport requirements for the 1997 8-hour ozone and PM2.5 NAAQS.

It should be noted that the letter addresses SIP deficiencies identified by PA DEP and EPA, including theissue of how PM1O is to be used as a surrogate for PM2.5 in lieu ofimplementing PSD rules. Now, with

the subsequent promulgation ofthe PM2.5 NSR implementation rules (73 FR 28321, May 16, 2008,

effective July 15, 2008), and because Allegheny County’s PSD regulations incorporate by reference the

federal PSD regulations of 40 CFR 52.21 in their entirety, ACHD recognizes that it will be following

those federal rules upon the effective date and that the references in our letter to following the guidelinescontained in the October 23, 1997 John S. Seitz memorandum entitled “Interim Implementation ofNew

Source Review Requirements for PM2.5” will then be moot.

This SIP Revision was the subject of a public comment period from April 2, 2008 until May 5, 2008 and

public hearing on May 2, 2008. The Board of Health approved it on May 7, 2008. It is being tracked as

our internal Revision 62.

flAhI flO nlfll

If you have any questions, please call me at the number above or email me at Jthompson@achd.net.

Very truly yours,

James ThompsonActing ManagerAir Quality Program

cc: Jayme Graham

Sandra Etzel

Rev. Ricky V. Burgess.

June 4 2008 James M. Flynn, Jr. Ann S. Francis, R.N.

Hon. Jan Rea

Lidia C. Turzai, M.D.

William Youngblooci

Mr. Mark Wayner

Regional Air Quality Manager

Department of Environmental Protection

Southwest Regional Office — Region V

400 Waterfront Drive

Pittsburgh, PA 15222-4745

Dear Mr. Wayner:

Enclosed is a revision to Allegheny County’s portion ofthe Pennsylvania State Implementation Plan for

the Attainment and Maintenance ofthe National Ambient Air Quality Standards that will add two items:

(1) the County’s Prevention of Significant Deterioration (PSD) regulations as delineated in already

existing Section 2102.07, “Prevention of Significant Deterioration,” ofArticle XXI, Air Pollution Control

Rules and Regulations; and (2) a letter that describes how the County meets the Clean Air Act

requirements of Sections 11 0(a)(2)(C), (D)(i), and (J) for interstate pollution transport requirements for

the 1997 8-hour ozone and PM2.5 NAAQS.It should be noted that the letter addresses SIP deficiencies identified by PA DEP and EPA, including theissue ofhow PM1O is to be used as a surrogate for PM2.5 in lieu ofimplementing PSD rules. Now, withthe subsequent promulgation ofthe PM2.5 NSR implementation rules (73 FR 28321, May 16, 2008,

effective July 15, 2008), and because Allegheny County’s PSD regulations incorporate by reference thefederal PSD regulations of 40 CFR 52.21 in their entirety, ACHD recognizes that it will be following

those federal rules upon the effective date and that the references in our letter to following the guidelines

contained in the October 23, 1997 John S. Seitz memorandum entitled “Interim Implementation ofNew

Source Review Requirements for PM2.5” will then be moot.

This SIP Revision was the subject ofa public comment period from April 2, 2008 until May 5, 2008 and

public hearing on May 2, 2008. The Board of Health approved it on May 7, 2008. It is being tracked as

our internal Revision 62.

fSO

Very truly yours,

James Thompson

Acting ManagerAir Quality Program

cc: Stephen Hepler, PA DEP

Enclosures

SIP Revision 62

ALLEGHENY COUNTY

S

portion of the

PENNSYLVANIA STATE IMPLEMENTATION PLAN

for the

Attainment and Maintenance of the National Ambient Air Quality Standards

Revision 62

Prevention of Significant Deterioration

And

Clean Air Act Sections 1 1O(a)(2)(C), (D)(i) and (J) Obligations

Allegheny County Health Department
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1. Revision of Allegheny County’s Portion of the Pennsylvania State

Implementation Plan

A. SIP Revision Request for PSD.

B. SIP Revision Request to Meet Obligations Under Section

1 1O(a)C2)(C), (D)(i) and (J) for the Eight-hour ozone and PM2,5

National Ambient Air Quality Standards (NAAQS) — Letter

2. Support Documentation

A. Support Document for PSD SIP Submittal

B. Support Document for Clean Air Act Sections 1 1O(e)(C), (D)(i)

and (J) Obligations SIP Submittal

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 HearingSummary of Comments and ResponsesCertification of Approval and Adoption

Page i

of Significant Deterioration of air quality (PSD) permit program regulations as codified at40 CFR 52.21. (See, 48 FR 55625 and 68 FR 14617, respectively.)

At this time, Allegheny County is submitting a revision to its portion of the PA SIP.

Specifically, Allegheny County requests that the U.S. EPA add the County’s PSDrequirements, as provided in County Ordinance 16782 and the Allegheny County Health

Department Rules and Regulations, Article XXI, Air Pollution Control, §2102.07,

“Prevention of Significant Deterioration” (below) to the County’s portion of the PA SIP.

Under Article XXI §2102.07, the PSD requirements of 40 CFR §52.21 are adopted in their

entirety and incorporated by reference. For the purposes of §2102.07, all of thedefinitions adopted by the aforementioned federal regulations are also incorporated by

reference, including those of source and major source. Additions, revisions, or deletions

to the PSD requirements adopted by EPA are incorporated into Article XXI and areeffective on the date established by the Federal regulations, unless otherwise

established by regulation of the Department.

ARTICLE XXI, §2102.07 PREVENTION OF SIGNIFICANT DETERIORATION

{Subsection a amended September 6, 1995, effective October 20, 1995, Subsection a modified

January 22, 1998 effective March 31, 1998} Note: This is an existing Section of Article XXI. It didnot require any changes for purposes of this SIP revision.

a. General Provisions. The Prevention of Significant Deterioration (PSD) requirements as

promulgated in 40 CFR §52.21 by the Administrator of the EPA pursuant to Section 161 ofthe

Clean Air Act are hereby adopted in their entirety and incorporated herein by reference. For the

purposes ofthis Section all ofthe defmitions adopted by the federal regulations in this subsection

are hereby incorporated by reference, including those of source and major source. Additions,

revisions, or deletions to the PSD requirements adopted by EPA are incorporated into this Articleand are effective on the date established by the Federal regulations, unless otherwise establishedby regulation of the Department.

b. Permits. Notwithstanding the issuance of any Installation Permit pursuant to this Article, no

person shall commence the construction of, and no Operating Permit shall be issued pursuant to

this Article for, any new or modified major source in an attainment or unclassified area oftheCounty until such person has obtained a PSD Permit from the Department or has obtained a

written determination from the Department that a PSD Permit is not required for such source

under the applicable statutes, regulations, or other laws.

c. Exemption. The PSD provisions ofthis Article shall not apply to sources of hazardous air

pollutants as defmed in Part A of this Article.

d. Violation. It shall be a violation of this Article giving rise to the remedies provided by Section

2109.02 of this Article for any person to commence construction of or to allow construction to

commence on, or to own, operate, or allow to be operated, any new or modified major source inan attainment or unclassified area of the County in a manner that does not comply with all PSI)

requirements as promulgated by the EPA and incorporated herein, except ifsuch person is

lawfully temporarily relieved of the duty to comply with such requirements.

Page 1

1.B.

SIP Revision Request to Meet Obligations Under Section 11O(a)(2)(C), (D)(i)

and (J) for the Eight-hour ozone and PM25 National Ambient Air Quality

Standards (NAAQS) — Letter

See letter beginning on next page.

Page 2

Al M. Ahmed, P.E.

Rev. Ricky V. Burgess.

IA 7 i.rn* James M. Flynn, Jr. Ann S. Francis, R.N.

Hon. Jan Rea

Lidia C. Turzai, M.D.

William Youngblood

Ms. Joyce Epps, DirectorDepartment of Environmental ProtectionBureau of Air QualityRachel Carson Building

400 Market Street, P.O. Box 8468

Harrisburg, PA 171 05-8468

RE: Allegheny County Health Department’s Obligations Under Sections 1 10(a)(2)(C),

(D)(i) and (J) for the Eight-hour Ozone and PM2.5National Ambient Air Quality Standards

(NAAQS)

Dear Ms. Epps:

Under the Jaws of the Commonwealth of Pennsylvania, the Pennsylvania Air Pollution

Control Act, the County of Allegheny, Pennsylvania Ordinance No. 16782, and the AlleghenyCounty Health Department Rules and Regulations, Article XXI — Air Pollution Control, the

Allegheny County Health Department (ACHD) has the authority to administer and enforce its

installation permits (also known as “preconstruction permits”) program under Title I of the

federal Clean Air Act in Allegheny County. Under separate cover, ACHD is requesting that the

Pennsylvania Department of Environmental Protection submit this letter to the U.S.

Environmental Protection Agency, Region 3, as a revision to Allegheny County’s portion of thePennsylvania State Implementation Plan (SIP).

This letter addresses ACHD’s compliance with portions of Sections 11 0(a)(2)(C), (D)(i)

and (J) of the Clean Air Act (“the CAA” or “the Act”), 42 U.S.C. § 7410(a)(2)(C), (D)(i) and (J),

related to the 1997 eight-hour ozone and PM2.5 NAAQS. Specifically, this letter addresses

ACHD’s compliance with: a) the NNSR and PSD portions of Section 11 0(a)(2)(D)(i) and b) the

PSD portions of Sections 11 0(a)(2)(C) and (J), through implementation of its installation permits

program, including issuance of installation (preconstruction) permits and oversight and

enforcement of the interstate pollution transport requirements in Allegheny County.

Section 1 10(a)(1) of the CAA provides that states must adopt and submit SIPs to the

Environmental Protection Agency (“EPA”) within three years after the promulgation of a new or

revised NAAQS, meeting the provisions of section 11 0(a)(2) as applicable. Therefore, SIP

submissions addressing the requirements related to section 11 0(a)(2) for the Eight-hour Ozone

and PM2.5NAAQS were due no later than July 2000. Due to litigation of both the Eight-hour

Ozone and PM2.5 NAAQS, Allegheny County did not submit SIP documentation to satisfy thesection 110(a)(2) requirements prior to July 2000. EPA published a finding of failure to submit

in the Federal Register on April 25, 2005, with an effective date of May 25, 2005. The Federal

Register notice started a two-year clock, which ended on May 25, 2007, for EPA to issue a

Federal Implementation Plan (FIP) to address the interstate pollution transport requirements

called for under Section 11 0(a)(2)(D)(i) of the CAA for states failing to submit the required SIP

documentation. The Clean Air Interstate Rule (CAIR) FIP promulgated by EPA on April 28,2006 (71 FR 25328) has partially satisfied this requirement. The additional measures outlinedherein are intended to fully satisfy the interstate pollutant transport requirements in Section 110

of the CAA. The Harnett Memorandum provides guidance to the states for meeting the

I 10(a)(2)(D)(i) requirements.

The “good neighbor” provisions of section 11 0(a)(2)(D)(i) of the Act requires Allegheny

County to submit a SIP revision that contains adequate provisions prohibiting any source or

other type of emissions activity from emitting any air pollutant in amounts which will:

(I) contribute significantly to nonattainment in, or interfere with maintenance by,any other state with respect to any national primary or secondary air qualitystandard; or

(II) interfere with measures required to be included in the applicableimplementation plan for any other state to prevent significant deterioration of air

quality or to protect visibility.
* 
With respect to NNSR and PSD, the Harnett Memorandum advises that a state may fulfill

its 11 0(a)(2)(D)(i) requirements by confirming that:

1. Major stationary sources for eight-hour ozone and PM2.5are currently subject to PSD and

NNSR permitting programs, and that states are on track to meet the June 15, 2007,

deadline for submitting SIPs to address the Phase II Ozone Implementation Rule

requirements.

2. Major sources are subject to PSD and NNSR permitting programs implemented in

accordance with EPA’s interim guidance calling for use of PM10 as a surrogate for

PM2.5

Major stationary sources located in Allegheny County are currently subject to PSD and

NNSR permitting programs for eight-hour ozone and PM2.5The June 15, 2007, deadline for

submitting SIPs to address the Phase II ozone implementation rule requirements is no longerapplicable to ACHD. Allagheny County is a “basic area,” under the eight-hour ozone NAAQSand the South Coast Air Quality District v. EPA decision 472 F.3 882, D.C. Cir. 2006 asmodified, 489 F.3rd 1245, D.C. Cir. 2007) had the effect of vacating the application of the June

15, 2007 deadline to basic areas. EPA has not yet established a subsequent deadline. ACHD

believes that Pennsylvania’s current SIP, which includes preliminary requirements for Allegheny

County (Article XXI, Part B, excluding § 2102.07) meet EPA’s NNSR obligations under §184 of

the CM.

As discussed in greater detail below, the ACHD confirms that it is meeting the CM

requirement for the use of PM10 as a surrogate for PM2.5in its PSD Program and the NNSR

Program under section 1 10(a)(2)(D)(i).

Section 11O(a)(2)(C) and (J) Requirements Related to PM2.5 PSD Requirements:

As you are aware, EPA has delegated the authority to implement the federal PSD

program to the ACHD. 68 FR 14617 (March 26, 2003). The Allegheny County PSDprovisions are set forth at Article XXI §2102.07 of ACHD’s regulations. These regulations are

concurrently being submitted to PADEP as a SIP revision. For purposes of compliance with the

PSD requirements of CM Sections 11 0(a)(2)(C) and (J), ACHD acknowledges that it is

following EPA’s PMIO Surrogate Guidance Documents, specifically, the April 5, 2005, Steven D.

Page memorandum entitled “Implementation of New Source Review Requirements in PM2.5

Nonattainment Areas;” and the October 23, 1997 John S. Seitz memorandum entitled “InterimImplementation of New Source Review Requirements for PM2.5.”

Conclusion:

The ACHD confirms that it meets the relevant and applicable NNSR and PSD

requirements of CAA Section 11 O(a)(2)(D)(i) for the Eight-hour Ozone and the PM2.5NAAQS

and that its permitting program does not significantly contribute to nonattainment or interference

with maintenance of the NAAQS in another state. The Department also confirms that it meets

the relevant and applicable PM2.5 NAAQS PSD requirements of sections 11 O(a)(2)(C) and (J).

If you have any questions regarding this submittal, or require additional information,

please contact Jayme Graham at 412-578-8120.

Sincerely,

/3euo2u*

Bruce W. Dixon, M.D.

Director

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. Support Documents

Page 7
S
ReponsibIe Agency

The Allegheny County Health Department Air Quality Program (ACHD AQP) is

the responsible agency for administering and enforcing PSD requirements in

Allegheny County. The ACHD AQP is an approved local air pollution control

agency under the Pennsylvania Air Pollution Control Act, 35 P. S. §4001.

.and has been the air pollution permitting and enforcement agency in

Allegheny County for many years.

2. Surveillance

Chapter 3 of Allegheny County’s portion of the Pennsylvania SIP describes in

detail the ACHD AQP’s legal authority to require, and to obtain access to

monitoring, recordkeeping and reporting of air pollution sources. As further

described in the County’s portion of the SIP, the AQP administers acomprehensive permitting program and a routine inspection program to discover

the operation of sources in violation of applicable law.

3. Public Information

As required by Article XX, §2102.05, ulnstallation Permits for New and Modified

Major Sources,” the County provides the opportunity for public comment on

Installation Permits for new and modified major sources in accordance with

federal requirements, including 40 CFR 52.21(q). Copies of all public comment

notices are provided to EPA.

With respect to all sources, new and existing, all information, except tradesecrets, which is in the AQP’s possession relevant to the issuance of permits or

orders, the determination of actual or allowable emission rates, the reporting of

breakdowns or shutdowns or the air quality data is open to public inspection, as

required by Article XXI, §2101.07, “Administration and Organization.” The AQP

carefully reviews any information submitted as trade secrets to assure only

proper use of confidentiality.

4. Reporting Requirements

The AQP presently submits to EPA the periodic reports required by federal

regulations. The reports include information relative to major sources proposing

to locate in attainment or unclassified areas of the County, PSD permitapplications received or determinations made during the reporting period, and will

continue to include information relative to any enforcement action affecting any

source subject to PSD requirements.

5. Resources

The AQP’s staffing, funding and other resources are fully indentified and

Page 8
•- c- - • • •

.••-

•. - - •
The AQP has conducted an air pollution permit system for many years. Permit

requirements are generally known to all companies, consultants, contractors and

the like, which have had prior dealings with the County. Further, the AQP

receives referrals from the PA Department of Environmental Protection, which is

the air pollution permitting authority for other areas of the Commonwealth and the

water and solid waste permitting authority for all areas of the Commonwealth.

In addition, the AQP conducts a continuing program of on-site field inspections

and investigations, which will identify the construction of new sources. In theevent that a new source is discovered being constructed in an attainment or

unclassified area without a permit, immediate notification of the applicable PSD

and other permit requirements will be given as appropriate. This will be followed

by legal or other action as necessary.

7. Enforcement

The ACHD AQP derives its enforcement authority from the Pennsylvania Air

Pollution Control Act, 35 P. S. §4001 et.seq., the Second Class County Code,

16 P.S.3101 et. seq. and the Local Health Administration Law, 16 P. S. § 1200 et. sea. This authority is discussed in detail, and the relevant statutes set

forth in Chapter 3 of the County’s portion of the SIP.

Legal remedies available for violations of County regulations, including PSD

provisions, include:

(a) Issuance of an enforcement order or an order requiring the shutdown of the

source or the cessation of construction found to be in violation of PSD

requirements;

(b) Initiation of summary proceedings punishable by fines of from $100 to $1,000

per violation;

(c) Initiation of civil penalty proceedings punishable by penalties up to $10,000

plus $2,500 per day of continued violation; and equitable relief.

8. Consistency with Federal Regulations

§2101.07 of Article XXI adopts and incorporates by reference the federal PSD

requirements. §2101 .07.d also makes it a violation of Article XXI to commence

construction of a major source in an attainment or unclassified area of the Countyin a manner that does not comply with all PSD requirements now or hereafterpromulgated by EPA.

At present there are no federal regulations for PSD for PM2.5. EPA has

published several memoranda on how to address this issue. Allegheny County

follows the guidance of these memos. A letter confirming this is part of this SIP.

Page 9

This Infrastructure SIP for Clean Air Act Sections 1 1O(a)(2)(C), (D)(i) and (J), isprovided here as supporting information. The CAA citation is provided followed by

the description of how the County satisfies the requirement.

§110 1142 U.S.C. 7410] Implementation Plans

(2) Each implementation plan submitted by a State under this Act shall be adopted by the

State after reasonable notice and public hearing. Each such plan shall...

(C) include a program to provide for the enforcement of the measures described insubparagraph (A), and regulation of the modification and construction of any stationary

source within the areas covered by the plan as necessary to assure that national ambient airquality standards are achieved, including a permit program as required in parts C and D;

Destion of how County meets the requirement — SIP Chapter 8.1, “Adoption in Legally Enforceable Form,” describes the incorporation

into the SIP ofthe Rules and Regulations ofthe Allegheny County Health Department,

Air Pollution Control (then Article XX, since revised and incorporated as Article XXI).

SIP Chapter 3.2, “Enforcement Authority,” describes the Pennsylvania statutes which

provide Allegheny County with the legal authority to enforce applicable laws, regulations

and standards, and to seek injunctive relief for violations of applicable laws, regulations

and standards. It also lists the enforcement options that the regulations authorize the

ACHD to pursue. These enforcement options are incorporated as regulations in Article

XXI, Sections 2109.02, “Remedies,” 2109.03, “Enforcement Orders,” and 2109.06,

“Civil Proceedings,” and provide the enforcement program for the measures described in

subparagraph (A) of Section 11 0(a)(2) ofthe CAA.

SIP Chapter 3.4, “Regulation of Construction and Operation of Sources,” describes the

Pennsylvania statute (Second Class County Code, Act ofJuly 28,1953, P.L. 723, asamended, 16 P.S. §5195) which provides the County with the legal authority to prevent

construction, modification or operation ofsources which will prevent the attainment or

maintenance ofNAAQS, and provides for the issuance of permits and certificates of

compliance. The regulatory requirements for the permit program are also outlined in

general. The permit program regulations are found in Article XXI, Part B, especially

Section 2102.04, “Installation Permits”; and Part C - “Operating Permits,” especially

Section 2103.12, “Issuance, Standard Conditions.”

Page 10

amended to adopt by reference, in their entirety, the federal PSD requirements

promulgated in 40 CFR Part 52. Thus, Article XXI, Section 2102.07.b, “Permits,”

requires the issuance of a PSD permit before construction of any new or modified major

source in an attainment or unclassified area of the County, and before the issuance of an

Operating Permit.

Thus, the requirements for a permit program as required by Part C are met.

SIP Chapter 12, “New Source Review,” addresses the requirements of a permit program

related to Part D, “Plan Requirements for Nonattainment Areas.” Specifically, Section

12.4, “Offset Regulation,” discusses offset regulations, ‘net air quality benefit’, LAER,

and owner compl1ance. Reference is made to sections 806 through 808 ofthe regulationsset forth in Chapter 17 ofthe Plan (then Article XX). These regulations are now located in

Article XXI, Section 2102.06, “Major Sources Locating in or Impacting a Nonattainment

Area.” (Reference Sections 2102.06.b.1, 2, 3, 4.A, 4.C.i, & 2102.06.e.)

Regarding §173(b), the County does not use old growth allowances. Regarding §173(d),the County submits control technology ihformation from permits to theRACT/BACT/LAER clearing house for the purposes of making such information

available to other States and the general public.

Thus, the requirements for a permit program as required by Part D are met.

§110 [142 U.S.C. 7410] Implementation Plans

(2) Each implementation plan submitted by a State under this Act shall be adopted by the

State after reasonable notice and public hearing. Each such plan shall...

(D) contain adequate provisions

(i) prohibiting, consistent with the provisions of this title, any source or other type of

emissions activity within the State from emitting any air pollutant in amounts which will

(I) contribute significantly to nonattainment in, or interfere with maintenance by, any otherState with respect to any such national primary or secondary ambient air quality standard,

or

(II) interfere with measures required to be included in the applicable implementation planfor any other State under part C to prevent significant deterioration of air quality or to

protect visibility,

Description of how County meets the requirement — SIP Subchapter 16.3.1.2, “Interstate Pollution,” discusses the County regulations

implementing the requirements of Sections 110 and 126 ofthe Clean Air Act relative to

interstate pollution. (Interstate pollution is also discussed in SIP Chapter 12, “New

Page 11
.1’

- A 
Response to Section 11 0(a)(2)(D)(i)rn and (TI)

Article XXI, Section 2101.1 2.a, “Interstate Air Pollution - General,” states,

“It shall be a violation of this Article. . . for any person to operate, or allow to be

operated, any source in such manner that emissions from such source:

(I) Prevent the attainment or maintenance by any other state of any primary or

secondary NAAQS; or

(2) Interfere with any measure required to be included in the applicable

implementation plan for any other state under Part C of the CAA relating to

prevention of significant deterioration of air quality or protection of visibility.”

Article XXI, Section 2109.04, “Orders Establishing an Additional or More Restrictive

Standard,” also allows that if emissions from any source violate the requirements of

Section 2101.12 relating to interstate pollution, the Department may order compliance

with more stringent emission limitations or may order the immediate shutdown ofthesource or any part thereof.

Thus, the requirements of Section 11 0(a)(2)(D)(i)(I) and (II) are met.

§110 1142 U.S.C. 7410] Implementation Plans

(2) Each implementation plan submitted by a State under this Act shall be adopted by the

State after reasonable notice and public hearing. Each such plan shall...(J) meet the applicable requirements ofsection 121 (relating to consultation), section 127

(relating to public notification), and part C (relating to prevention of significant

deterioration of air quality and visibility protection);

Description of how County meets the requirement — Meeting the requirements of Section 121

SIP Chapter 15, “Intergovernmental Consultation,” describes the intergovernmental

interagency consultation process which existed at the time the SIP was developed, and the

County’s pledge to continue the process. That pledge is demonstrated now by:

1) The air quality regulations, Article XXI, Section 2101.02, “Declaration of

Policy and Purpose,” item (c)(7), which states that the purpose of Article XXI is,among other things, to “Maximize public and governmental understanding of,and participation in, efforts to improve and maintain the air resources ofAllegheny County;”

2) The existence ofthe Air Pollution Control Advisory Committee-and itssubcommittees; and3) The continuing input of the Southwestern Pennsylvania Commission to the

transportation component of the SIP.

Thus, the applicable requirements of Section 121 are satisfied.

Page 12

Health Department will issue a press release identifying those instances and areas inwhich any primary NAAQS was exceeded during any portion ofthe preceding calendaryear.

Subchapter 16.2.2, “Current Episode Information,” describes how the Clean Air Monitor

was published bi-monthly by the Health Department, and how it contains “periodic airquality reports, summaries ofsignificant episodes and articles relating to the health effectsof excessive concentrations of air pollutants, ways in which the public can participate in

efforts to improve air quality and ways of obtaining additional information concerning air

pollution.” This publication has been replaced by a monthly air quality report.

Subchapter 16,2.3, “Public Education,” describes how the Department’s Public

Information Office performs such duties as preparing press releases concerningenforcement activities, new programs relating to air pollution, upcoming meetings ofthe

Advisory Committee and the Health Department, and other meetings, programs, andseminars which may be of public interest. It also describes how, the bi-monthly Clean Air

Monitor and other informational and educational activities, will aid in increasing public

awareness, understanding, and participation in matters related to the improvement of air

quality. The Clean Air Monitor no longer exists, but there now is another bi-monthly

publication called ECO-CURRBNTS covering environmental issues, including those

related to air quality.Thus, the applicable requirements of Section 127 are satisfied,

Meetin_g the requirements of Part C (relatiiw to prevention of significant deterioration of

air quality and visibility protection)

In SIP Appendix 21, Allegheny County requested the delegation of authority to

implement and enforce, within the geographic boundaries ofAllegheny County,

regulations promulgated under Part C of the Federal Clean Air Act, ‘Prevention of

Significant Deterioration ofAir Quality.’ As a result, Article XX, now Article XXI, was

amended to adopt by reference, in their entirety, the federal PSD requirements

promulgated in 40 CFR Part 52. (See Article XXI, Section 2102.07.)

Thus the requirements of Part C are met.

Page 13

Revision of ALLEGHENY COUNTY’S portion of the

PENNSYLVANIA STATE IMPLEMENTATION PLAN

For the

ATTAINMENT AND MAINTENANCE OF

THE NATIONAL AMBIENT AIR QUALITY STANDARDS

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 ResponsesCertification of Approval and Adoption

Page 14

The Allegheny County Board of Health will hold a public hearing on Friday, May 2, 2008, at

10:00 AM, Building #7 First Floor Conference Room, Clack Health Center, 301 39th Street,

Pittsburgh, PA 15201 to talce testimony on two items to be submitted as an addition to theCounty’s portion of the Pennsylvania State Implementation Plan: the County’s Prevention of

Significant Deterioration (PSI)) regulations, Article XXI, §2 102.07; and a proposed letter that

describes how the County meets Clean Air Act requirements of Sections 11 0(a)(2)(C), (D)(i), and

3 for interstate pollution transport requirements for the 1997 8-hour ozone and PM2.5 NAAQSand in using the pollutant PM-b as a surrogate for PM-2.5 in installation permit review.Copies ofthese documents may be examined beginning Wednesday, April 2, 2008, 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 4:00 PM Monday thru Friday; on the AlleghenyCounty 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 advanceof 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, April 2, 2008, and concludingl’1onday, May 5, 2008, 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 15

Pittsburgh, Pennsylvania 15201-1891 7 f 412-578-8103 Hon. Jan Rea

Lidia C. Turzai, M.D.

April 1, 2008 WiIham Youngblood

Ms. Judith Katz, DirectorAir Protection Division

Region III (3APOO)U.S. Environmental Protection Agency

1650 Arch Street

Philadelphia, PA 19103-2029

Dear Ms. Katz:

Enclosed is a Notice of Public Hearing scheduled to occur on May 2, 2008, regarding proposed revisionsto Allegheny County’s portion ofthe Pennsylvania State Implementation Plan for two items: inclusion of

the County’s Prevention of Significant Deterioration (PSD) regulations, Article XXI, §2 102.07; and a

proposed letter that describes how the County meets Clean Air Act requirements of Sections 1 10(a)(2)(C),

(D)(i), and J for interstate pollution transport requirements for the 1997 8-hour ozone and PM2.5 NAAQSand in using the pollutant PM-i 0 as a surrogate for PM-2.5 in installation permit review.

Your comments are welcome.

Very truly yours,

James Thompson

Acting Manager

Air Quality Program

cc: Kathleen Root

Dave Campbell

Enclosures

• Proposed SIP Revision 62

• Public Hearing Notice

24N-CS-0707
F
412-578-8103 

Ann S. Francis, RN.

Hon. Jan Pea

April 1, 2008 Lidia C. Turzai, M.D.

William Youngblood

Ms. Joyce Epps, Director

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 is a Notice ofPublic Hearing scheduled to occur on May 2, 2008, regarding proposed revisions

to Allegheny County’s portion ofthe Pennsylvania State Implementation Plan for two items: inclusion of

the County’s Prevention of Significant Deterioration (PSD) regulations, Article XXI, §2 102.07; and a

proposed letter that describes how the County meets Clean Air Act requirements of Sections 1 10(a)(2)(C),

(D)(i), and J for interstate pollution transport requirements for the 1997 8-hour ozone and PM2.5 NAAQS

and in using the pollutant PM-b as a surrogate for PM-2.5 in installation permit review.

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

review.

Your comments are welcome.

Very truly yours,

James Thompson

Acting ManagerAir Quality Program

cc: Arlene Shulman

Enclosures

• Proposed SIP Revision 62

• Public Hearing Notice

24N-CS-0707

Pittsburgh, Pennsylvania 15201-1891

412-578-8103

April 1,2008

Ann S. Francis, RN.

Hon. Jan Rea

Lidia C. Turzai, M.D.

William Youngblood

Mr, Mark Wayner

Regional Air Quality Manager

Department of Environmental Protection

Southwest Regional Office — Region V

400 Waterfront Drive

Pittsburgh, PA 15222-4745

Dear Mr. Wayner:

Enclosed is a Notice of Public Hearing scheduled to occur on May 2, 2008, regarding proposed revisions

to Allegheny County’s portion ofthe Pennsylvania State Implementation Plan for two items: inclusion ofthe County’s Prevention of Significant Deterioration (PSD) regulations, Article XXI, §2102.07; and a

proposed letter that describes how the County meets Clean Air Act requirements of Sections 11 0(a)(2)(C),

(D)(i), and J for interstate pollution transport requirements for the 1997 8-hour ozone and PM2.5 NAAQSand in using the pollutant PM-b as a surrogate for PM-2.5 in installation permit review.

Copies of this submittal have been sent to Ms. Joyce Epps in Harrisburg for review.

Your comments are welcome.

cc: Steve Hepler

Very truly yours,

James Thompson

Acting Manager

Air Quality Program

Enclosures

• Proposed SIP Revision 62

• Public Hearing Notice

24N-CS-0707
-

C -
COPY OF NOTICE OR PUBLICATION

PUBLIC HEARING

FOR PROPOSED - AMENDMENT TO

ALLEGHENY COUNTY’S

PORflONOF

THE PENNSYLVANIA

.‘‘STATE 1

IMPLEMENTATION PLAN

The Alle5heny County Board at Health wit) hold a public hearing on Fri day, -May-2, 200a, at 1O’0O AM,’BuIldlng H7

1

First Floor Conference

Roorn, Clack Health Cen

‘ter, 3p1 39h,Street. Pittsburglt PA 15201 to take testimony on the propostadditiOrQf the County’s Prevertion of SignificantDeterlqratiofl

Program’ tas delineated in J-tiçla XXt. f2502-.07,to- tbe County’S pQrtion of the- penpsylame State lpplemenatlOtPiap. - Copie—qf the pro pósedaflteodmeflt may be examined beginning WedesdyMay 2, 2008,, atti’AlIeghenr

Count ,LaW ibriery,Room’ iycounty tBuiIdi1g 6raStreet, ,PittsbOrgh PA ;15219, Rfrom 830 tiMtooO

as- tiAtleghery CoUnty1$eatWepartment Eibrary Oulicing 7, clack HeattleCenter.

from 8;30.AM Lt!tit 4:00

PM M0ndy thrtrFrklay.

1

ott thaAl!êiir,tCounty Heelthpatieiflwetr ‘ltite’ wvyl.chcLnet; or .by cainpaAl2.S78.81 20

to reqtieS4 nalled priptedcopy ,. ‘-4Orai tsimofly must

-be pro-scheduled by calling 41 Z-578-$008 no less thap 24 floifs in ad

vance t1he..pubh.c hearing. Speakers will belimlted.to five’ min

utes and sbdutct bring a

wFittecoP’Of.theIr PG PUBLiScomments- ,1

TheBoard. wuraccept hereby ack

11 20O8 anti concluding veen LuLLy I Fdday. MRy 2008, by

mae

aaz Forbes Avenue

34 Boulevard ,PiUjrUi 5Zi3

PITTSBURG -‘oHachdnet

Phone 412

J 578-8325

printed and published in the regular editions and issues of the said Pittsburgh Post-Gazette a

newspaper of general circulation on the following dates, viz:

31 ofMareh,29Q&

Afflant fui-ther depbses that he/she is an agent for the PG Publishing Company, a corporation and publisher of the Pittsburgh Post-Gazette,that, as such agent, afliant is duly authorized to verify the foregoing statement under oath, that affiant is not interested in the subject matter

of the afore said notice or publication, and that all allegations in the foregoing statement as to time, place and character of publication are

true.

PG Publishing Company

Sworn to and subscribed before me this day of

March31, 2008

,-,-

,

COMMONWEALTH OF PENNSYLVANIA

Notarial Seal

Linda M. Gaertner, Notaty Pubic

City Of Pittsbuih, Allegheny County

My Commission Expires Jan. 31,2011

Member, Pennsylvania Aesoclabon ol Notaries

STATEMENT OF ADVERTISING COSTS

ALCTY HEALTH-LEGAL-FORBES AVE

JANET NORKUS

3333 FORBES AVE

PITTSBURGH PA 15213

To PG Publishing Company

Total

— $442.80

Publisher’s Receipt for Advertising Costs

Y, publisher of the Pittsburgh Post-Gazette, a newspaper of general circulation,

ofthe aforsaid advertising and publication costs and certifies that the same have

PG Publishing Company, a Corporation, Publisher of

Pittsburgh Post-Gazette, a Newspaper of General Circulation

By

I hereby certify that the foregoing is the original Proof of Publication and receipt for the Advertising costs in the subject matter of said notice.

Attorney For

Certification of Hearing

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

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

that a Public Hearing was held on May 2, 2008 on the proposed amendment to theCounty’s portion of the Pennsylvania State Implementation Plan that would add theCounty’s Prevention of Significant Deterioration (PSD) Program as delineated inSection 2102.07; 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 March 31, 2008 and April 4, 2008;

and to the best of his knowledge, belief and understanding, such proceedings were infull compliance with all applicable State and Federal laws, regulations, and otherrequirements.

Thomas Lattner,Air Pollution Control EngineerAir Quality Program

Allegheny County Health Department

g

Date

May 2, 2008 Public Hearing (Public Comment Period from April 2 until May 5, 2008)

No Comments were received on either issue.

Page 22

g

y 

y 

p

g

Quality, and the addition of the ACHD letter that states how the

Department meets its obligations under Sections 110(a) (2) (C),

(D) (i) and (J) for the Eight-hour Ozone and PM2.5 National

Ambient Air Quality Standards, were adopted by the Allegheny

County Board of Health on May 7, 2008, and the said section of

Article XXI adopted by the Board of Health on December 3, 1997

and having been approved by the Board of County Commissioners on

January 22, 1998 becoming effective on March31, 1998, was duly

and properly enacted as prescribed by the Local Health

Administration Law and the Second Class County Code, and as such,

is fully and legally enforceable by the Allegheny County Health

Department and the County of Allegheny as provided for by the

with a thority. 

nr Mule , III, EtiTie

Soli , Allegheny County Health Department

COMMONWEALTH OF PENNSYLVANIA)

COUNTY OF ALLEGHENY ) S.S. ç771 /4 AOn the day of

2008,

Henry Miller, III personally appeared 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.

official

seal the

Allegheny County Health Department Rules and Regulations for Air

Quality, and the addition of the ACHD letter that states how theDepartment meets its obligations under Sections 110(a) (2) (C),

(D) (i) and (J) for the Eight-hour Ozone and PM2.5 National

Ambient Air Quality Standards, were adopted by the Allegheny

County Board of Health on May 7, 2008, and the said section of

Article XXI adopted by the Board of Health on December 3, 1997

and having been approved by the Board of County Commissioners on

January 22, 1998 becoming effective on March31, 1998, was dulyand properly enacted as prescribed by the Local Health

Administration Law and the Second Class County Code, and as such,

is fully and legally enforceable by the Allegheny County Health

Deparjnent and the County of Allegheny as provided for by the

wit n t r

Mi H. Wojcik

/ Solicitor, County of Allegheny

CO4NONWEALTH OF PENNSYLVANIA)

COUNTY OF ALLEGHENY ) S.S.

On the day ofYY’c 1 , 2008,

Michael H. Wojcik person&lly appeared 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.

WHEREFORE, I have hereunto set my hand and official

seal the day of

2008.

COMMONWEALTH OF P2NNSYLvANI

Notara1Seaj ,OTARY PUBLIC Eileen R Maersky, Nolaiy Public City Of Pittsburgh, Allegheny county

i My Commission Expires May 9, 2009

Member, Pennsylvania Aslatløn of Notarla;

newspaper of general circulation on the following dates, viz:

04 of April, 2008

Affiant further deposes that he/she is an agent for the PG Publishing Company, a corporation and publisher of the Pittsburgh Post-Gazette,

that, as such agent, affiant is duly authorized to verify the foregoing statement under oath, that affiant is not interested in the subject matter

of the afore said notice or publication, and that all allegations in the foregoing statement as to time, place and character of publication are

true.

COPY OF NOTICE OR PUBLICATION

NOTICE OF PUBLIC•

HEARING

FOR PROPOSED

AMENDMENT To

ALLEGHENY COUNTY’S

PORTIONOF

‘I4E PENNSYLVANIA

STATE IMPLEMENYA.

TlbN PLAN.

The Allegheny county

Board of Health WIll hold

a public hearing on Friday May 2 2008 at iO:dO AM. uildinj

First Floor Conference COMMONWEALTH OF PENNSYLVANIARoom, Clack Health Cantar, 301 39th street, I NotaiiaiSeal

Pittsburgh, PA 15201 to lJrida M. Gaerlner, Notaiy Public take testimony on two

items to be submitted as I City Of Pittsburgh, Allegheny County

an addition to the I

County’s portion of the My Commission Expires Jan.31, 2011

Pennsylvania StateImplementation Plan: the Member, PennsylvanIa Association at NotarIesCounty’s Prvention ofSignificant Deterioration

(P50) regulatIons, Ar

ticle XXI. §2102.07;ahda proposed letter thatdescribes how theCounty meets Clean AirAct requirements of Sec

tIons 11 O(aX2)(C), 101(i), and J for interstate pollu. STATEMENT OF ADVERTISING COSTS

tion transport require ments for thé1997 ALCTY HEALTH-LEGAL--FORBES AVE

8-hour ozone and PM2.5NAAQS and in using the JANET NORKUS

pollutant PM-10 as a surrogate for PM-25 in in- 3333 FORBES AVEstallation permit review. PITTSBURGH PA 15213

Copies of these

documents may be ex

amined beginningWednesday. May 2 2008, at the Alleghen To PG Publishing Company

County Law Library,

Room 921 City-CountyBuilding, Grant Street,

Pittsburgh PA 15219

from 8:30M to 5:00 Total

—

— $553.50

PM; at the Allegheny 

County Health Depart

ment Library, Building 7 Clack Health Center Publisher’s Receipt for Advertising Costs from 8:30 AM until 4:00

PG PUBL PM Monday thru Friday; NY, publisher ofthe Pittsburgh Post-Gazette, a newspaper of general circulation, on the Allegheny Cou Health Department we hereby ack site: wWwachd.net’t ofthe aforsaid advertising and publication costs and certifies that the same have by calling 412-578-8i20 been fully to request a mailed printed copy..

01 oral testimony must PG Publishing Company, a Corporation, Publisher of be pre-scheduled by 34 Boulevar calling 412-5784008 no Pittsburgh Post-Gazette, a Newspaper of General Circulation

PITTSBURC less than 24 hours In ad vance of the public

Phone 4l hearing., Speakers will By

be limited to five mInutes and should bring a

I hereby certif’ written copy oft comments, heir he original Proof of Publication and receipt for the Advertising costs in the subject matter of

The Board will accept

written testimony begin ning Wednesday, April 2.

said notice.

2008, and concluding Monday, May 5, 2008, bY Attorney For mail to:

Hoard of Health

3333 ForbésAvenue

Pittsburgh. PA 15213

Sworn 1

April 04, 2008

PG Publishing Coiqsany

subscribed before me this day of:

.
•1’• .., .., ..; .