The Department of Environmental Protection (DEP or Department) hereby

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

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

a. Allegheny County will implement the Allegheny County Air Pollution

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

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

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

rules and regulations approved by the Department.

b. Allegheny County shall implement regulatory requirements promulgated

by the Department applicable to air contamination sources including mobile sources

located in Allegheny County. Allegheny County shall also promulgate regulations to

implement regulations promulgated by the Department. Allegheny County will

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

Annual Program Plan.

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

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

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

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

shall also retain authority to implement any regulatory programs developed to

implement the EPA NO State Implementation Plan (SIP) call in Pennsylvaniaincluding any program to implement Phase III of the Ozone Transport Commission

NO Memorandum of Understanding.

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

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

§4012(c), (d), (e) and (f)).

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

any pertinent books, documents, letters, reports or records related to the AlleghenyCounty Program.

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

provide Allegheny County’s stationary point source information to the Department’s

Air Information Management System (AIMS) through the exchange of data. The

Department agrees to provide training and the necessary support to Allegheny

County as needed.

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

documents and technical interpretations related to implementation of the

Department’s air quality program. Allegheny County shall have an opportunity tocomment during the development of these documents. Allegheny County shall

follow these policy and guidance documents and technical interpretations whenimplementing regulations promulgated by the Department or, where applicable, to

the implementation of appropriate rules and regulations or Allegheny County.

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

executed by Allegheny County, the Department and the U.S. EnvironmentalProtection Agency, Allegheny County agrees to implement the requirements of the

Title V Operating Permits Program Implementation Agreement executed by theDepartment and EPA applicable in Allegheny County.

II. FINANCIAL ASSISTANCE

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

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

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

fees and proper use of the fees.

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

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

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

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

requirements of the Title V program in Allegheny County.

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

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

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

Allegheny County.

2.
1. Allegheny County shall use generally accepted accounting

procedures for all Title V fees using at a minimum invoices, subcontracts,time reports and employee expense reports and shall keep separate,

appropriate books and records that will establish the receipt and expenditure

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

audit for a period of three (3) years.

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

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

restricted account.

III. ANNUAL PROGRAM PLAN

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

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

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

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

for the following year including but not limited to the number of construction andoperating permits to be issued, the number of compliance inspections to be

conducted, the number of complaints to be investigated, the number of source tests

to be observed, and any other activities that would account for substantial workloadfor the Allegheny County staff. The plan shall also include major objectives/goals

scheduled to be completed during the following year and the expected completiondates.

IV. EMISSIONS REPORTING

Allegheny County shall implement an emissions reporting program as

follows:

Emission Inventory

Allegheny County shall maintain a computerized emission inventory for all

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

also for any other categories of facilities identified by DEP. DEP will notify

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

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

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Emission Statements

Allegheny County shall require an annual emission statement from facilities

that emit VOC or NON. Except as otherwise required by Allegheny County’sregulations, if the facility category is listed on the exemption list published at 23

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

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

NO need to submit a statement. The emission statement must indicate the actualemissions of VOC and NON, the method used to calculate the emissions, and acertification by a company officer or plant manager that the information is accurate.

Facilities subject to the Emission Statement regulation must also provide anestimate of the average pounds of NO and VOC emitted per day during the ozone

season (June - August) for each source within the facility. The average pounds perday must not be diluted by non-operational periods during the ozone season. The

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

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

emission inventory on an annual basis.

V. EMISSION REPORTING REQUIREMENTS

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

method mutually agreed upon by both agencies:

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

emission statement information for the preceding calendar year.

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

statement for facilities identified by DEP. DEP will use AIMS to themaximum extent possible for this purpose.

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Allegheny County will conduct low RVP gasoline, Stage I/IT and NESHAP

asbestos removal inspections in accordance with the annual plan. Inspection

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

adequately trained in inspection methods including bulk sampling techniques

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

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

in the Source Testing Manual established by Allegheny County and approved by theDEP in writing.

Complaint Hand1in

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

ensure that they are responded to appropriately within a reasonable time frame.Inspection reports shall clearly indicate the results of an investigation. Allegheny

County shall notify complainants regarding the outcome of their complaints as

appropriate.

VII. SOURCE MONITORING REPORTING REQUIREMENTS

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

within 30 days after the end of each quarter, using a method mutually agreed uponby both agencies. For purposes of this approval, the first calendar quarter will end

on March 31st unless specifically stated otherwise.

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

quarter. The list shall include the company name, plant name, plant addressand the date of the inspection.

2. The number of low RVP gasoline and Stage I/IT inspections

conducted during the calendar quarter.

3. The number of NESHAP asbestos removal notifications received

and the number of NESHAP asbestos inspections conducted during the

calendar quarter.

4. The number of complaints received and investigated during the

calendar quarter.

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

documented, Allegheny County shall take reasonable and necessary action toachieve compliance including notifying the operator of the violation and taking

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

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

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

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

resolution of the violation in accordance with Section 12 of the APCA, 35 P.S. §40 12,

after providing notice to Allegheny County and an opportunity for discussion

between DEP and Allegheny County.

Allegheny County will provide enforcement information to EPA consistent

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

compliance system available to Allegheny County for this purpose.

IX. ENFORCEMENT REPORTING REQUIREMENTS

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

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

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

quarter.

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

during the preceding calendar quarter.

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

identified by DEP.

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

jointly managed by Allegheny County and the DEP COPAMS staff.

XI. AMBIENT AIR MONITORING REPORTING REQUIREMENTS

Allegheny County shall provide the following to DEP using a method

mutually agreed upon by both agencies:

1. A quarterly report verifying the ambient air monitoring data

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

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

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

assurance statistical reports (jrecision checks and audits) for data notdirectly submitted to AIRS.

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

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

report submitted to EPA along with any air monitoring network modifications

required and agreed upon by Allegheny County and DEP in writing.

XII. STACK TESTING REQUIREMENTS

Each stack test required by Allegheny County shall meet the applicable

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

Manual and procedures provided in the Source Testing Manual established by

Allegheny County that have been approved by the DEP.

XIII. STACK TESTING REPORTING REQUIREMENTS

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

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

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

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

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

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

modifications of the requirements are approved by DEP in writing.

XV. CONTINUOUS EMISSION MONITORING REPORTING

REQUIREMENTS

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

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

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

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

quarter.

2. A list of continuous emission monitors pending approval.

3. An opportunity to audit the complete approval for continuous

emission monitors identified by DEP.

XVI. AIR QUALITY PERMITTING

a. Allegheny County shall continue to implement an air contamination

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

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

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

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

DEP in writing. Allegheny County’s permitting program may be more stringentthan the Department’s permitting program.

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

following program elements necessary to conduct reviews and approve/deny plans toconstruct, modify and operate air contamination sources:

1. Title V permits;

2. Synthetic Minor source permits;

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

permitting thresholds, and do not qualify for the exemptions published at 23Pa. Bulletin 1994-1995 and any amendments to that exemptions list.

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

9. RACT operating permits;

10. BACT permitting requirements in accordance with DEP policies

and procedures or any more stringent Allegheny County policies and

procedures for new and newly modified sources that are not otherwise

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

11. Permits for construction of new sources and modification of

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

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

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

and Engineering Services staff meetings.

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

utilize the Department’s forms.

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

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

Subchapter E requirements. Allegheny County shall verify that emission reduction

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

quantifiable and surplus. Onsite inspections shall be conducted to verify

shutdowns. If equipment has not been thsmantled or removed, Allegheny Countyshall annually receive certification of the continuance of the shutdown.

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

the Department’s Bureau of Air Quality Control, Division of Permits for entry in theERC registry system.

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

accordance with the Implementation Agreement between the DEP, Allegheny

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

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

mutually agreed upon by both agencies:

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

2. Copies of all final Title V permits.

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

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

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

The County shall respond to all comments. Allegheny County shall not issue apermit if DEP objects to its issuance in writing. Allegheny County shall not issue

the permit until DEP withdraws its objection when satisfied that Allegheny Countyhas resolved the basis for the objection.Date James M. Seif

Secretary

Department of Environmental Protection

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(hereinafter called DEP or the Department) and the City ofPhiladelphia Department of Public

Health (hereinafter called Philadelphia County).

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

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

APCA) (35 P.S. §4004(1)) to implement the provisions ofthe Clean Air Act (42 U.S.C. §7401-

767 1) in the Commonwealth; and,

WHEREAS, DEP is authorized under Section 4(18) ofthe APCA (35 P.S. §4004(18)) to

prepare and develop a general comprehensive plan for the control and abatement of existing air

pollution and air contamination and for the abatement, control and prevention of any new airpollution and air contamination, recognizing varying requirements for the different areas ofthe

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

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

to implement the provisions ofthe Clean Air Act and to control and abate air pollution and aircontamination; and,

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

procedures for the abatement, reduction, prevention and control of air pollution set forth in the

APCA shall not apply to any county ofthe first class ofthe Commonwealth which has and

implements an air pollution control program that, at a minimum, meets the requirements ofthe

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

Clean Air Act; and,

WHEREAS 25 Pa. Code § 127.706 establishes a financial assistance program for

Philadelphia County and requires submission ofthe Philadelphia County program to the DEP for

review and approval; and,

WHEREAS, Philadelphia County has developed and implemented an air quality program

to meet the requirements ofthe Clean Air Act and the Air Pollution Control Act and has

previously received delegation from the Environmental Protection Agency (hereinafter EPA) for

implementation ofNational Emission Standards for Hazardous Air Pollutants, New Source

Performance Standards, Prevention of Significant Deterioration and New Source Review

Programs, and has operated as a Pennsylvania approved program.

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Program (Philadelphia County Program) under Section 12(b) ofthe APCA (35 P.S. §4012(b)).

b. Philadelphia County will implement the Philadelphia County Air Pollution

Control Program in a manner consistent with the Program Description and Implementation Planattached hereto and incorporated herein as Attachments A and B respectively along with anyamendments agreed to by the parties. Changes to the Program Description and ImplementationPlan may be made by the parties without the need to amend this Agreement.

c. Philadelphia County shall implement regulatory requirements, promulgated by the

Department applicable to Philadelphia County. Philadelphia County shall also promulgate

regulations to implement regulations promulgated by the Department. Philadelphia County will

describe the process and timing for implementation ofthese regulations in the Annual Workload

Projection prepared as required in the Implementation Plan.

d. Any provision to the contrary notwithstanding, Philadelphia County shall not

implement the Nitrogen Oxides Allowance Requirements program at 25 Pa. Code Sections

123.101 through 123.120. The Department shall also retain authority to implement any

regulatory programs developed, to implement the EPA NOx State Implementation Plan (SIP) call

in Pennsylvania including any program to implement Phase III ofthe Ozone TransportCommission NOx Memorandum ofUnderstanding.

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

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

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

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

g. Under 25 Pa. Code § 127.706(b), no later than April 30 of each year, Philadelphia

County shall submit to DEP a description ofthe implementation ofthe local air pollution control

program during the current year as described in the Implementation Plan, including the Title V

operating permit program in the county along with a detailed accounting ofthe costs ofimplementation.

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

Implementation Plan attached hereto and incorporated herein as Attachment B.

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

and the Department, work with the Department to establish a procedure to provide Philadelphia

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Implementation Agreement executed by the Department and EPA applicable in the PhiladelphiaCounty area to the extent that Philadelphia County is authorized to implement that agreement.

II. FINANCIAL ASSISTANCE

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

collected by the Department as necessary, appropriate and available to assist Philadelphia Countyin implementation ofthe Title V operating permit program in the county.

b. The Department may withhold this financial assistance if Philadelphia County has not

implemented the Title V program in the manner substantially required by this agreement.

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

and indirect costs of administering the operating permit program required by Title V ofthe Clean

Air Act.

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

financial assistance provided by the Department into a restricted account established byPhiladelphia County to implement the Title V program. All interest earned on account funds shall

be paid to the restricted account in a manner consistent with procedures established by the City of

Philadelphia Grants Accounting Unit and attached hereto and incorporated herein as Attachment

D.

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

shall be the primary contact with the Department for issues related to financial assistance during

the duration ofthis Agreement.

f Payment provisions.

1. An Application for Available Funds (hereinafter Application) shall be in writing

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

established by the Department. The Application shall include a budget outlining anticipatedexpenses.

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

a part ofthis agreement as Attachment C. Applications and budgets for subsequent contract years

shall be submitted by Philadelphia County for review and approval by the Department on or

before March 31stwithout the need to amend this agreement.

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4. The Department may suspend claim processing until receipt ofrequired reports

or the substantial completion of all conditions ofthis agreement.

5. Philadelphia County shall have discretionary authority to spend the funds made

available by this Agreement for the, work performed, with allowance for deviation ofthe amountsallocated to the budget categories so long as the total budget amount is not exceeded. However,DEP shall be informed prior to any such deviation and shall have the right to approve/disapproveany reallocation greater than 10% ofthe total annual amount in any year.

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

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

in the budget of each annual Application.

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

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

year must be in writing and approved by the DEP Deputy Secretary of Air, Recycling, andRadiation Protection, DEP Agency Attorney, and the DEP Comptroller. Without the duly

authorized funding increase, the DEP obligation to Philadelphia County shall not exceed theauthorized funding previously approved according to the approved application for each annualcontract period.

g. Audit.

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

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

keep separate, appropriate books and records that will establish the receipt and expenditure of allTitle V fees and Financial Assistance. Such records shall be retained and made available for audit

for a period ofthree (3) years after final payment is made and all pending matters are resolved.

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

financial audit, in accordance with the “Single Audit” report issued by the Finance Departmentand performed by the County’s.Controller’s office.

3. The audit shall be submitted each year on the “Single Audit” submission date

as required by federal regulations.

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ATTACHMENT

A

PR

0GRAMDESCRIPTION
Telephone No. (117) 763-6472

FAX No (717) 767-9138

PROVISIONS CONCERNING THE AMERICANS WiTh DISABILITIES ACT

Curing the term of this contract, the contractor agrees as follows:

1. Pursuant to federal regulations promulgated under the authority of The Americans With Disabilites Act, 28 C.F.R. *35.101 ef seq., the contractor understands

arid agrees that no individual with a disability shall, on the basis or the disability, be excluded from participation in this contract or from activities provided fcr

under this contract. As a condition oF accepting and executing this contact, the contractor agrees to comply with the ‘General Prohibitions Against

Discrimlnation, 28 C.F.R. §35,130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to the

benefits, services, programs, and activities provided by the Commonwealth of Penns)rtvania through contracts with outside contrsctn

2. The contractor shall be responsible for end agrees to indemnify and hold harmless the Commonwealth ‘of Pennsytvsnia from all losses, damages, expenses,

claims, demands, suits; and actions brought by any party against the Commonwealth of Pennsylvania as a result of the contractors failure to comply with the

provisions of paragraph 1. above.

EXCESS PREPARED FOOD PROVISION

If the contract services include purchase of prepared food for Commonwealth functions, the contractor agrees to make a good faith effort to donate to a nonprofit

organization for ultimate free distribution to needy individuals any apparently wholesome food or grocery pr1ucIs apparently fit for human consumption which are notconsumed at the Commonwealth function. A good faith effcrt includes, but is not limited to, contacting one or more of the entitles appearing on the referral Listing

maintained by the Department of Agriculture. Updated lists may be obtained by contacting the Buresu of Government Donated Food at 1-800-468-2433 or by sending a

request to the:

Department of Agriculture

Room 401 Agriculture Building

2301 North Cameron Street

Harrisburg, PA 17110-9408

Contractor is hereby put on notice that liability will not attach it the contractor complies with 42 Pa. C.5. 8338.

MOTOR VEHICLE PROCUREMENT ACT PROViSION

1. if the contract services include procurement of a motor vehicle, the motor vehicles procured by DEP shall be manufactured in North America.

2. DefInitions

a. Mocor Vehicle: A vehicle which is self-propelled except one which is propelled solely by human or animal power. The term includes those

vehicles designed primarily for use in construction or agriculture or road maintenance such as tractors and earth-moving equipment.

b. ‘North Ameslca, The United Stales of America and Canada. The United States includes all territory, continental or insular, subject to the

jurisdiction of the United States.

c. ‘Procure.’ To acquire by purchase, lease a rent; however, It does not include any rentals or leases where the term thereof is less than one month.

YEAR 20C0 COMPLIANCE

If the contract services include procurement of hardware, software and/or firmware, the contractor warrants that each product delivered (or services performed) under this

contract shall be able to accurately process date data (including, but not Imited to calculating, comparing, and sequencing) from, into, and between the twentieth and

twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by the contractor, provided that all listed or

unlisted products (e.g hardware, software, finrrware, etc.) used in combination with such product properly exchange date data with it.

Recycled Paper
d. flnancfdh,fa’W means:

(I) zwnershlp of more than a 5% Internet In any business; or

(2) hoidk a position nan officer, director, trustee, partner, eniploye, or the like, or hokmng any position of management.

a. Gntzaf, meanS any payment of more than nominal monetary value fri the (anti of cash, travel, entertainment, gifts, reals, lodging, loans,

subecnptons. ednnces deposits of money, services, employment, or contacts of any ldnd.

2. The contractor shed maintain the highest standards of integrity in the perturmance of this agreement and shall take no action in violation & date or federal

lasss, regulations, or other requirements that govern contracting wIth the Commonwealth.

3. The contractor shall not disclose to others any confidential information gained by virtue of this agreement.,

4. The contractor shall not, in connection with this or any other agreement with the Commonwealth, directly or indirectly, offer, confer, or agree to confer any

pecuniary benefit pit anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by

any officer or ernploye of the Commonwealth.

5. The contractor shall not, in connection with this or any other agreement with the Commonwealth, directly or indirectly, offer, give, or agree or promise to give to

anyone any gratuity for the benefit of or at the’dfrection or request of any officer or anptoye of the Commonwealth.

6. Exceptwith the consent of the Commonwealth, neitherthe contractor noranyone in privily with hirnorhershall accept or agree to accept from, or gNe or agree

to give to, any person, any gratuity from any person in connection with the performance of work under this agreenent except as provided therein.

7. Except with the consent of the Commonwealth. Ihe contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing

services, labor, or material on this project.

8. The contractor, upon being informed tt any violation of these provisions has occurred or may occur, shall inimedlately notIfy the Commonwealth in vattIng.

9. The coqtacthr, by execution of this agreement and by the submission of any bills or invoices for payment pursuant thereto, certifies and represents that he or

she has not violated any of these provisions.

10. The contractor, upon the inquiry or request of the Inspector General or the Commonwealth or any of that official’s agents or representatives, shall provide, ori

eppvprlate, make promptly availtie tor inspecton or oop’Øng, any information of any type or form deemed relevant by the Inspector General to the contractor’s

integrity or responaibthty, as those terms are defined by the Commnatwesjys statutes, reguietiorts, or management directives. Such infu.,,I,I&!, may include,bit shalt not be linited to, the coitactois business or flnanciel records, itcuments or files of any type or form with refer to or concern this agreement. Such

information shall be rned by the contractor for a period of three yeas beyond the teryninatlort of the contract unless otherwise provided by law.

11. For violation of any of the above provisions, the Commonwealth may terminate this and any tier agreement with the oontractor, claitti liquIdated damages in an

amount equal to the vakie of anyihi,g received in breach of these provisions, claim damages for all expense in obtaining another contractor to

complete perfoniiance hereunder, and debar and suspend the contractor front doing business with the Commormeialth. These nIghts and remedies arecumulative, and the use or nomise of any one shall not preclude the use of alt or any other. These rights and remedies are in addition to those the

Commonwealth may have under law, statute, regulation, or otherwise.

OFFSET PROVISiON

The contractor agrees that the Commonwealth may set off the amount of any state tax liabildy or other debt of the contractor or its subsidiaries that is owed to the

Commonwealth and not being conted on appeal against any payments due the contractor under this or any other contract with trw Commonwealth.

CONTRACTOR RESFONSIBIUTY PROVISIONS

I. Contractor certifies that it is not cunently under suspension or debarment by the Comntonwealth. any other ate, or the federal government, and if the

contractor cannot so certify, then it agrees to submit along with the bid/proposal a written explanation of why such certification cannot be made.

744-98 SEE REVERSE SIDE
pj

ATIESTAPPR0VEDASm FORM

SIEPHANIE L F KUN-SLJBER CITY OLICTO

SeniorAttomey

AJ.c t

Denise Chamberlain, Deputy Secretary for

Office of Air, Recycling, and Radiation Protection

CITY AND COUNTY OF PHILDELPHIADEPARTMENT OF PUBLIC HEALTH

4i.erz; ..

Estehe Richman, Commissioner

Federal l D. # 2} -(± C’,4_r

I hereby certify that funds in theamount of$ J// C ZY f&)

are available under Appropriation

A d as to Legality and Form

Office ttorney General Date

s

CombIler D

Dept. of Environmental Protection

.712

Chief/Assistant Counsel Date

Dept of Environmental Protection
I. Program Authority and Responsibility 1II. Public Services 1

III. Program Organization 2IV. Program Support Services 2

A. Administrative Services 2

B. Program Services 2

V. Program Operations 3

A. Regulatory Services 3B. Technical Services 5

VI. Program Resources 7

A. Program Service Locations 7

B. Program Budget and Staffing 8

I. Program Authority and Responsibility

The Air Management Services (AMS) component ofthe Department of Public Health is

the local air pollution control agency for the City of Philadelphia. AMS programs are conductedunder authority provided by the Philadelphia Code, the Pennsylvania Air Pollution Control Act,

and the federal Clean Air Act. AMS is responsible for the prevention, abatement and control of

air pollution and air pollution nuisances, as required to achieve and maintain federal nationalambient air quality standards (NAAQS) within Philadelphia. AMS is also responsible for thecontrol of airborne asbestos from building renovation and demolition projects, and for theabatement of community noise and vibration nuisances.

II. Public Services

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

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

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

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

observed; and initiating timely and appropriate enforcement actions to resolve violations. AMSalso operates a citywide air monitoring network that continuously samples Philadelphia’s air

quality for compliance with federal standards, and provides daily information on air quality to thepublic through the media. AMS enforces community noise and vibration standards by respondingto citizen complaints; conducting noise and vibration measurements; citing observed violations of

noise and vibration standards; working with affected parties to resolve noise and vibration

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sites to monitor compliance with the state’s asbestos worker certification requirements.

III. Program Organization

Organizationally, AMS is comprised oftwo central support groups, Administrative

Services and Program Services, and two operating groups, Regulatory Services and TechnicalServices, each reporting to the AMS Program Director. The composition and function of each

organizational group is described below.

IV. Program Support Services

A. Administrative ServicesThe Administrative Services group is responsible for providing centralized administrative

and organizational support related to the development, allocation and management of agency

funding, personnel, and other program resources. Administrative Services provides oversight and

coordination of certain decentralized administrative support functions associated with agencyoperating units. Areas ofresponsibility include implementation of administrative policies and

procedures; budget and revenues management; contracts and grants management; facilities and

fleet management; personnel management; organizational development and workforce plarming;

training coordination; and program activity and service level tracking and reporting.Administrative Services also provides administrative and executive support to the operation ofthe

city’s Air Pollution Control Board.

B. Program Services

The Program Services group is responsible for providing centralized support related to the

development and implementation ofthe AMS program, to ensure that its functions and operationsare maintained consistent with, and responsive to, needs and demands imposed by federal and

state requirements, regional initiatives, and local government and community concerns. Asignificant part of Program Services’ support role involves the establishment of appropriate

operations management and information systems necessary to the effective functioning ofthe

AMS program. Areas ofresponsibility include agency strategic planning; inter- and intra-agency

program coordination and integration; preparation and processing ofrevisions to the Philadelphiaportion ofthe Pennsylvania State Implementation Plan (SIP) for Air Quality; management of

emission inventory and facility compliance databases; mobile source emissions and related

transportation project assessments; air quality simulation modeling; and development and

preparation of annual air quality reports and other agency public outreach materials. The

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V. Program Operations

A. Regulatory ServicesThe AMS Regulatory Services group is responsible for implementation and enforcement

of all applicable local, state and federal regulatory requirements pertaining to the prevention andcontrol of air pollution, asbestos contamination, and noise and vibration nuisances within the Cityof Philadelphia. The Regulatory Services group is comprised ofthree sections: SourceRegistration (Permitting), Facility Compliance and Enforcement, and Hazardous Air Pollutants.

1. Source Registration

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

for installation, modification and operation ofsources of air contaminant emissions within the City

of Philadelphia. Source Registration activities include review of applications pertaining to:installation permits and operating licenses, as required under the Philadelphia Code; plan

approvals and operating permits, as required under 25 PA Code, Chapter 127; and Title V, PSD,

NSR, NSPS and NESHAP permits, as required under the federal Clean Air Act. State and federal

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

delegations of authority made to the City of Philadelphia. Source Registration is also responsiblefor issuance ofsource or facility permit and license approval documents, as well as for conducting

appropriate public notification and public involvement activities as may pertain to applications

under review, including the holding of public and administrative hearings, and the preparation ofresponses to comments received from the public. To minimize redundancy and paperworkburdens, Source Registration attempts, wherever possible, to consolidate local permitrequirements with any state/federal permit requirements that may apply to a source or facilitywithin Philadelphia.

2. Facility Compliance and Enforcement

Facility Compliance and Enforcement is responsible for implementation oflocal, state and

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

compliance assurance inspections at permitted facilities; maintaining citywide surveillance and

responding to citizen complaints regarding air pollution, noise and vibration nuisances; and forpursuing appropriate enforcement actions to resolve violations, indluding entering into compliance

agreements, filing for court-ordered consent decrees, and seeking injunctive actions in cases

posing imminent endangerment to public health.

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Compliance evaluation techniques utilized include conducting facility inspections, reviewing and

auditing facility compliance certifications, testing of emissions and process materials, and

engineering estimates and material balances. Compliance Assurance field inspectors, working in

cooperation with the engineering staff; assist in performing compliance inspections for minor

sources, in addition to their duties related to providing citywide emissions surveillance and

complaint response. A field inspector is available on a 24-hour basis, on workdays, weekends and

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

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

to incidents involving possible leaking combustible gases and carbon monoxide from residentialheating units, as well as providing appropriate assistance to first responders and incident

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

The Enforcement unit is responsible for coordinating all enforcement activities ofthe

AMS program. Cases that are determined appropriate for enforcement action are referred fromthe compliance evaluation and inspectional units for further action. Activities ofthe unit include:

NOV preparation and issuance; case development and coordination with the city’s Law

Department; assessment of administrative penalties; negotiation of compliance agreements;

enforcement coordination with the U.S. EPA, PADEP, and the city’s Environmental Task Force;

prosecution ofsummary violations; and the development of enforcement protocols and

procedures.

3. Hazardous Air Pollutants

Hazardous Air Pollutants is primarily responsible for implementation and enforcement of

local, state and federal requirements pertaining to the prevention and control of asbestos

emissions from building renovation and demolition projects, and also for coordination of AMS air

toxics activities under Section 112 ofthe federal Clean Air Act.

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

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

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

U.S. EPA, enforces the federal National Emission Standards for Hazardous Air Pollutants

(NESHAPS) for Asbestos at renovation and demolition sites; and also provides, via interagencyagreement, local compliance oversight for the PA Department ofLabor & Industry’s certification

requirements for asbestos workers and supervisors. The Asbestos Control unit also administers

and enforces the provisions ofthe Philadelphia Health Code pertaining to asbestos abatement

project workplace standards; licensing of asbestos abatement contractors; certification of

asbestos analytical laboratories, project inspectors, and investigators; and review and issuance of

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

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

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

development support to air quality monitoring activities, special air sampling studies, and toRegulatory Services’ compliance assurance sampling and analysis programs. The Technical

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

Chemistry.

1. Air Monitoring

The Air Monitoring section is responsible for operation and maintenance ofthe 30 air

sampling sites comprising the citywide air monitoring network. (See attached “Air Monitoring

Stations” map). The network is designed and equipped with instrumentation to provide

measurements of ambient concentrations for seven federally-designated “criteria” air pollutants -

air pollutants for which the U.S. EPA has established National Ambient Air Quality Standards

(NAAQS) - consisting of Ozone, Sulfur Dioxide, Nitrogen Dioxide, Carbon Monoxide, Lead,

PM1O (respirable particulate matter less than 10 microns), and PM2.5 (fine particulate

matter/aerosols less than 2.5 microns). The monitoring instruments employed conform with

federal reference methods established nationally, and ambient measurements collected are used to

determine the city’s air quality status with regard to each ofthe federal NAAQS pollutants. Data

from continuous air sampling instruments operated at 12 ofthe sites are digitally transmitted over

telephone lines to the AMS Laboratory, providing real-time access to air quality measurements

for the four gaseous pollutants and a surrogate pollutant for particulate matter. (The currentfederal reference method for measuring particulate matter is based on a “non-continuous” methodemploying sample collection via filter, with subsequent conditioning and weighing ofthe filtersample.) The real-time data are employed to provide daily air quality reports to the public using

the federal Pollutant Standards Index or PSI. An intensive Photochemical Assessment Monitoring

System, or PAMS project, has recently been instituted as part of a national initiative to measure

ozone and ozone precursors during the “ozone season.” In Philadelphia, the PAMS project isconducted during the months ofJune, July, and August at two sites, and includes speciation ofover 50 distinct organic compounds through analysis by gas chromatography. Air Monitoring isalso involved in providing support to special monitoring projects initiated both within AMS, for

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

purposes ofmonitoring methods development or data gathering for health effects studies or

environmental characterizations. Air Monitoring also maintains and calibrates portable samplingequipment used by inspectional staffwithin AMS’ Regulatory Services and also that used by the

Philadelphia Fire Department in responding emergency situations.

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systems maintenance, database management and reporting, and user support through informationdistribution and training. The majority ofthe activities ofthe Computer Center are devoted to

supporting the air quality monitoring and data reporting systems required by federal regulations.

The Computer Center is also involved in the design and implementation oftwo major laboratory

instrument automation systems. Several bench top gas chromatographs, a liquid chromatograph,an ion chromatograph, the atomic absorption spectrophotometer, and the radiation analysis

system are being interfaced with one ofthe scientific computer systems in order to increase

productivity and to ease data analysis and reporting workloads. The Gas Chromatograph!Mass

Spectrophotometer (GC/MS) and GC/Mass Selective Detector in the Toxic Air Contaminant

Laboratory are being upgraded and combined into a single computer-controlled analytical system

based in a new scientific computer system. The Computer Center also provides personal

computer (PC) workstations for AMS Laboratory stafffor use in word-processing, spreadsheet,and data base applications. These PC systems are used for report writing, fiscal work, and generaladministrative functions performed at the AMS Laboratory.

3. Analytical Chemistry

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

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

analysis projects.

The Calibration unit is responsible for performing required precision and accuracy checks

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

maintenance and flow checks on system auto-calibration equipment and performance of annual

instrument audits using U.S. EPA-designated audit equipment. The Calibration unit also performsquarterly audits on particulate monitors. Responsibilities extend to general troubleshooting and

maintenance of air monitoring equipment.

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

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

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

filters from PM1O and PM2.5 samplers, filters from high volume air samplers (HVAS), collecting

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

cadmium, iron, manganese, nickel, zinc, copper) and sulfate. The unit also performs qualitativeand quantitative analyses on soils, as well as on samples obtained from special purpose monitors

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

monitoring gross beta-radioactivity on TSP filters, performs measurements of conductivity andpH on precipitation samples collected during significant rainfall events, and conducts analyses of

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

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

pollutants. Air sampling for formaldehyde is conducted using a separate monitoring method and

analysis is performed by high pressure liquid chromatography (HPLC). The Air Toxics unit hasalso been involved in providing sample collection and analytical support to community exposureassessments and other special studies related to measuring ambient’ concentrations of certain toxic

organic compounds in the vicinity ofindustrial or commercial sources.

VI. Program Resources

A. Program Service Locations

AMS Central Office: AMS Laboratory:

321 University Avenue, 2nd Floor 1501 E. Lycoing Street

Philadelphia, PA 19104 Philadelphia, PA 19124Telephone (215) 685-7584 Telephone (215) 685-1477Fax (215) 685-9451 or 685-7593 Fax (215) 685-1476

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(FY1998, SMillions) Class 200 -Purchase of Services .53

Class 300 - Materials and Supplies .50

Class 400 -Equipment .22Class 800 - Payments to Others .04

4.92

3. Program Personnel: General Fund EPA Grant Title VFees TOTAL

46 18 17 .81

*(Represents Title V emission fees collected and retained locally; does not include any anticipatedState financial assistance payments to local Title V Permit Program operation.)

8
ATTACHMENT

B

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

following year and shall be submitted by April 30 ofthe preceding year. For purposes ofthis

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

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

calendar year. The plan shall provide a workload projection for the following year including but

not limited to the number of plan approvals and operating permits to be issued, the number of

compliance inspections to be conducted, the number of complaints to be investigated, the numberof source tests to be observed, and any other activities that would account for substantial

workload for the Philadelphia County staff. The plan shall also include major objectives/goals

scheduled to be completed during the following year and the expected completion dates. The

plan shall be in a format mutually agreed upon by Philadelphia County and DEP.

EMISSIONS REPORTING

Philadelphia County shall implement an emissions reporting program as follows:

Emission Inventory

Philadelphia County shall maintain a computerized emission inventory for all facilities that

are classified as major facilities for Title V, RACT, NSR, PSD or any other categories offacilitiesidentified by DEP. A current list of categories for the Southeast Region is attached as Appendix

1. DEP will notify Philadelphia County of any changes to the list at least 90 days prior to the next

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

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

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

each source for CO, NON, SO,,.VOC, PM10 and the Section 112(b) air toxic pollutants. Theinventory shall detail actual emission rates for each source on a monthly basis unless otherwiseagreed upon by DEP and Philadelphia County.

Emission Statements

Philadelphia County shall require an annual emission statement from facilities which emit

VOC or NOR. Ifthe facility category is listed on the exemption list published at 23 .Bulletin

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

VOC or NO need to submit a statement. The emission statement must indicate the actual

emission rates ofVOC and NON, the method used to calculate the emissions, and a certification by

a company officer or plant manager that the information is accurate. Plants subject to the

Emission Statement regulation must also provide an estimate ofthe average pounds ofNO and

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Philadelphia County shall provide the following to DEP onan annual basis using a method

mutually agreed upon by both agencies:

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

statement information for the preceding calendar year.

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

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

purpose.

SOURCE MONITORING

Inspections

Philadelphia County shall conduct at least one Level II inspection at the Class A and B

facilities selected for inspection in the annual plan. Philadelphia County will conduct Stage I/Iland NESHAP asbestos removal inspections in accordance with the annual plan. Inspection

reports should clearly indicate the results ofthe inspections. Inspectors must be adequatelytrained in inspection methods including bulk sampling techniques (asbestos, fuel oil, VOC, etc.)

and certified to read visible emissions in accordance with EPA Method 9 or other DEP approved

methods.

Complaint Hand1in

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

are responded to appropriately within a reasonable time frame. Inspection reports should clearly

indicate the results of an investigation. Philadelphia County shall notify complainants regarding

the outcome oftheir complaints as appropriate.

SOURCE MONITORING REPORTING REQUIREMENTS

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

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

For purposes ofthis agreement, the first calendar quarter will end on September 30th unless

specifically stated otherwise.

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

quarter.

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

ENFORCEMENT

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

Philadelphia County shall take reasonable and necessary action to achieve compliance including

the issuance of notices of violation and enforcement action. DEP recognizes the discretionarynature of enforcement and will rely on Philadelphia County’s judgment in determining what level

of enforcement is appropriate to the maximum extent possible. If DEP determines thatPhiladelphia County is unwilling or unable to resolve a violation, DEP may pursue resolution of

the violation in accordance with Section 12 ofthe PA Air Pollution Control Act.

Philadelphia County will provide enforcement information to EPA consistent with its grant

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

to Philadelphia County for this purpose.ENFORCEMENT REPORTING REQUIREMENTS

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

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

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

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

preceding calendar quarter.

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

DEP.

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This capability will be jointly managed by the Philadelphia County Laboratory and the DEPCOPAMS staff.

AMBIENT AIR MONITORING REPORTING REQUIREMENTS

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

upon by both agencies:

1. A calendar quarterly report, prepared on a calendar year quarterly basis, verifying

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

end ofthe report calendar quarter. This report shall include a summary ofthe reporting sites anddevices, the percent data capture for each device, and the associated quality assurance statistical

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

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

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

requirement.

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

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

air monitoring network modifications required and agreed upon by Philadelphia County and DEP.

STACK TESTING REQUIREMENTS

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

specified in 25 Pa. Code Chapter 139 and the latest version of DEP’s Source Testing Manual.STACK TESTING REPORTING REQUIREMENTS

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

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

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

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

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

include the test report summary, Philadelphia County’s decision regarding the acceptability ofthe

test results, and Philadelphia County’s observation report.

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

Philadelphia County/DEP Implementation Agreement is signed. Philadelphia County shall

provide the following to DEP quarterly, within 30 days after the end of each calendar quarter, in amethod mutually agreed upon by both agencies:

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

2. A list of continuous monitors pending approval.

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

DEP.

AIR QUALITY PERMITTING

Philadelphia County shall continue to implement an air contamination source permitting

program, as approved by DEP, that is at least as stringent as the requirements of 25 Pa. Code

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

than that of DEP, and be implemented in accordance with DEP policies and procedures, unless

modifications are approved by DEP in writing.

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

program elements necessary to conduct reviews and approve/deny plans to construct, modify and

operate air contamination sources:

1. Title V permits;

2. Synthetic Minor source permits;

3. NSPS source permits in conformance with EPA specifications;

4. PSD source permits in conformance with EPA specifications;

5. NSR review and permitting as specified by DEP;

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

requirements, but have received previous source operating permits from Philadelphia County orthat meet the following actual emission criteria:

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VOCs 25 8

Single HAP 10 1

Multiple HAPs 25 2.5

7. MACT operating permits;

8. Section 111(d) operating permits;

9. RACT operating permits;

10. BAT permitting requirements in accordance with DEP policies and procedures

for new and newly modified sources that are not otherwise required to meet BACT or LAER asdefined by EPA; and

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

Philadelphia County shall participate in the regularly scheduled Title V and Engineering

Services staffmeetings.

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

Department’s forms to their use.

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

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

published list of Plan Approval and Operating Permit Exemptions.

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

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

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

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

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

removed, Philadelphia County shall annually receive certification ofthe continuance ofthe

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

Division of Permits for entry in the ERC registry system.

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

Section 127.705 and shall provide information needed by the Department to evaluate the

adequacy ofthe fee revenues and the proper use of said revenues.

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AIR QUALITY PERMITTING REPORTING REQUIREMENTS

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

upon by both agencies:

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

2. A copy of all final Title V permits.

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

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

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

This information shall be submitted within 30 days after the end ofthe calendar quarter and

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

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Plan (SIP). The Title V regulations is found in the Pennsylvania Code, Title 25, Chapter 127.

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

135.5. The Emission Statement regulation is found in the Pennsylvania Code, Title 25, Chapter135.21. Title V major source definitions can be found in the Pennsylvania Code, Title 25,

Chapter 121.1. Exemptions from state operating permits can be found on page 4559 ofthe

September 21, 1996 Pennsylvania Bulletin.

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

document emissions. The annual inventory report is one way to document emissions. Allfacilities have the option ofsubmitting annual inventory reports for ERC.purpo ses. Ifthe facilitydoes not submit annual inventory data, the facility should at least maintain sufficient production

records to be able to reconstruct emissions for ERC purposes.

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

captured in the area source inventory, which is calculated using demographics and emissionfactors. For information on area source inventory, contact the Bureau ofAir Quality’s Division of

Air Resource Management at (717) 787-9495.

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

to the annual inventory will be calculated by Air Quality using emission factors. Facilities havethe option ofsubmitting emission estimates for emissions below the source thresholds ifthe

company’s estimate is better than the factor-generated numbers.

A. Title V Facilities

All Title V facilities must complete the annual inventory reporting forms. Title V facilities

are subject because by definition they exceed the reporting thresholds in the Emission Statementand SIP regulations. Inventory information from Title V facilities is used for emission fee

purposes and to demonstrate compliance.

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

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

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

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

pollutants and HAPs, except for the HAPs ofspecial concern listed below. Report to the nearest

tenth of a ton. All emissions must be reported source by source, not as site totals. HAPs must bereported individually (speciated). Source by source speciated reporting of HAPs is required for

Maximum Achievable Control Technology (MACT) purposes. In cases where HAPs are also
Polychlorobiphenols (PCB) 0.01 TPY per sourceMercury (Hg) 0.01 TPY per source

Lead (Pb) 0.01 TPY per sourcePolycyclic Organic Matter (POM) 0.01 TPY per source

dioxins 0.0000 1 TPY per sourcefurans 0.0000 1 TPY per source

B. Synthetic Minor Facilities

NO and VOC data may be required for Emission Statements and ozone calculations.

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

NO and br VOC emissions are generated. Facilities are subject if actual VOC emissions are

greater than or equal to 10 TPY for the site and br if actual NO emissions are greater than or

equal to 25 TPY for the site. Actual emissions of 1.0 TPY or more per source must be reportedfor NO and/or VOC, whichever made the facility subject to reporting. Report to the nearest

tenth of a ton. All emissions must be reported source by source, not as site totals.

For example, if a facility has 12 TPY of actual VOC emissions and 20 TPY of actual NO

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

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

the threshold. Ifthe facility has 12 TPY of actual VOC emissions and 26 TPY of actual NO

emissions, the facility must report VOCs and NON.

Emission estimates for other pollutants will be calculated by Air Quality’s AIMS database

using SCCs. The facility has the option ofreporting emission estimates for other pollutants ifthe

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

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

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

operating data and emission estimates using the annual inventory forms. The facility has theoption of completing the annual inventory forms to demonstrate compliance with the caps for any

pollutants. Ifthe facility does not submit annual inventory forms, the facility must arrange with

DEP regional staff for an alternate demonstration of synthetic minor status. The regional staff

will use the demonstration data to calculate site total emission estimates and enter these estimates

into AIMS. If an existing permit caps a specific source, emissions from the capped source would

have to be reported separately from any site totals. Electronic submission of alternate

demonstration data may not be possible.
only NO and/or VOC5, whichever made the facility subject to reporting. Actual emissions of 1.0

ton per year or more per source must be reported for all criteria pollutants and HAPs. Report tothe nearest tenth of a ton. All emissions must be reported source by source, not as site totals.

See the example for Synthetic Minors. Emission estimates for other pollutants will be calculated

by Air Quality’s AIMS database using SCCs. The facility has the option ofreporting emission

estimates for other pollutants ifthe facility’s estimates are better than the SCC-based calculations.

Ifthe facility only generates SON, PM10 CO and/or HAPs, or ifthe facility generates NO

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

D. Natural Minors Exempted from State Operating Permit

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

these facilities are captured in the area source inventory.
ATTACHMENT

C

APPLICATION FOR

A VAILABLE FUNDS
APPLICATION FOR ASSISTANCE

IN THE OPERATING PERMIT/TITLE V PROGRAM

P.O. BOX 8468

HARRISBURG, PA 17105-8468

(717) 787-2688

ORGANIZATIONAL NAME: -— —— EMPLOYER IDENTIFICATION NUMBER (EN); 2.5—bUtt1Ul /City or Philadelphia, Department ol Public Health

Air .4nagement Services

ADDRESS; NAME, ORGANIZATION UNIT, AND TELEPHONE NUMBER -- . OF THE PERSON TO BE CONTACTED ON MATTER INVOLVING

1600 Arch Street, 7th Floor THIS APPLICATION

Philadelphia. PA 19103

.

Morris FIne. Acling Director

Air Management Services

21 5-685-7585

EStiMATED FUNDING:

• START DATE: 07/01/98

STATE $ 311,079

APPIJCANT $ 875D00

ENDING DATE: 06/30(99

TOTAL $ 1.186,079 -

TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN ThIS APPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULYWTHORIZED BY THE GOVERNING SODY OF THE APPLICANT. Th’PEO NAME OF AUTHORIZED REPRESENTATIVE 1TITLE TELEPHONE NUMBER

Estelie Itichinan Heaith Commissioner :215) 686—5000

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE SIGNED

Is//ri

APPLICANT INFORMATION

C
Program Stite Applicant — Total

Operating Permit Program! $311,079 $875,000 $1186079

Title V

Budget Categories

Object Class Catergories State Applicant Total

Personnel -- Salaries $0 S 568,765 $ 568,765

Fringe Benefits $0 $ 187,327 $ 187327

Travel - $3,579 $ 14,121 - $ 17700

Equipment $0 $ 6,000 $ 6000

Supplies $55,000 - $ - $ 55,000

Contractual $182,500 $ - $ 182,530

Other $70,000 $ 29,000 $ 99,000

TotalDireetCosts $311,079 $ 805,213 $ 1116,292 - Indirect Costs $0 $ 69,787 $ 69,787

Totals $ 311,079 $ 875,000 $ 1,186,079

I
ATTACHMENT

D

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Deputy Health Commissioner forPublic Health Services

MORRIS FINE

Acting Director for Air Management Services

July 13, 1998

James M. Salvaggio, DirectorPennsylvania Department of Environmental Protection

Bureau of Air QualityMarket Street Office Building, 12th Floor

P.O. Box 8468

Harrisburg PA 17 105-8468Dear Mr5iKaggio:

In accordance with the terms and conditions of the pending Agreement for Implementation of the Philadelphia

County Air Pollution Control Progam, this is to confirm that an interest-bearing restricted account has been

established in the Department of Public Health for use by Air Management Service (AMS) for the Title V Operating

Permit Program. All Title V fees collected by AMS and financial assistance provided by the Pennsylvania

Department of Environmental Protection under the terms of the Agreement will be deposited into the account.Also as provided for in the pending agreement, AMS designates as the financial assistance officer:

Sherwin Zitomer

Financial Services ManagerCity of Philadelphia

Department of Public Health

1600 Arch Street, 3rd Floor

Philadelphia PA 19103(215) 686-5018

I would like to express my appreciation to your staff for their work in developing this Agreement and I look forward

to its upcoming signing and implementation.

Sincerelyy

/ -V/J

Morrt& FineActing Program DirectorAir Management Services

MF/ilm

cc: M. Dukes Pepper

Sherwin Zitomer
FROM: Joseph Oswald, Managej

SUBJECT: Interest EarningsCalc 4óatiOns

DATE: April 3, 1997

This is to follow up Carmine D’Alessandro’s memo on the same topic dated June 4, 1996

(copy attached). In order to improve the accounting for interest calculations, GAAU would like

to address the following issues found during its review process:

1. Interest calculations beingsubmitted for reimbursable type rants; As a general

rule, “reimbursement” grants do not qualify for interest calculations. The exception

being Family Court’s Child Support Enforcement grant. Interest calculations should

be limited to “advance” grants (i.e., cash receipt precedes any expenditure by the

City).

2. Interest included on grantor billiny/rçports not submitted to GAAU for

approval: Departments including interest income in their reports to grantor agencies

,

must submit documentation used to calculate interest to GAAU. GAAU will review

calculation to ensure interest rate and methodology used are consistent for all City

departments.

3 No apprgpriations requested ty departments for approved interest amounts:

GAAU copies the department and budget analyst on memos approving interest

calculations. Upon receipt of the memo, departments should prepare an ‘AA” to

request appropriations in the interest income’s index code. Additional appropriations

are required to charge expenditures over the award amount to the grant. If no L%Aj\ is

prepared, the revenue credited to the grants fund will be returned to the general fund

via a fund balance adjustment, at year end.

4. Inteçest calculations recekved after the thirty day deadline: Departments are

reminded to forward requests for interest to GAAU within thirty days of the end of

the quarter. This is especially imeortant for the quarter ending June 30. Calculations

received after July 31 will receive credit for revenue, however, no appropriations will

be granted.

If you have any questions concerning interest calculations you can reach me at 686-5625.

ilk:
FROM: Director

SUBJECT: INTEREST EARNED ON GRANT ADVANCES

This memo is an outline ofthe City’s unitbmi accounting policy for the

calculation ofinterest earned on advances ofgrant finds. Presently, many departments

receive payments from grantor agencies in advance ofany City expenditures. Grant

contracts usually contain a provision that these finds be deposited to separate, interest

bearing bank accounts. In place ofseparate accounts, the City does have index codes that

identify the affected grant and can be credited with interest from the consolidated cash

account This method has been used with many federal and state grantor agencies and

has been audited and accepted by the City Controller’s Office.

In order to facilitate uniform application ofinterest rates and methodology, the

Grants Accounting and Administration Unit (GAAU) is responsible for the review and ‘

approval of all interest income calculations for the City. Departments receiving grant

advances must contact GAAU for monthly interest rates and the format used to compute

daily ending balances. GAAU has a formatted spreadsheet that tracks deposits, interestearnings, and expenditures to compute daily ending balances. The interest earned is

calculated by multiplying the average monthly ending balance by the weighted avenge ofdaily overnight interest rates. GAAU uses PNC’s Temrfund interest rate because it

represents the daily overnight investment rate for the consolidated cash account at PNC

banL

Departments have until July 31 to submit computations to OAAU, for the fiscal

year ended June 30. Interim (quarterly) submissions are due within thirty days after theend of a quarter. Upon approval of departmental calculations, GAAU will forward amemo to the Accounting Bureau requesting that a specified index code be credited for

interest earnings. The journal entry will appear on the Statement of Revenue Operationsas an increase in revenue to the affected index code. Interest income is usually accounted

for in one ofthree ways: increase original grant award amount, refunded to the grantor

agency, or offset against the grantor agency’s funding amount.

Any department receiving advance funding that is not in compliance with the

above should contact Joseph Oswald, GA.AU, at 686-5625.

CC: Joseph Oswald, GAAU

file

file: cunsoffice\wntword\data\poIicy\cashadv. dcc