MEMORANDUM OF UNDERSTANDING 

amongst 

The PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL 

PROTECTION; the REGION 3 AIR PROTECTION DIVISION OF THE 

U.S. ENVIRONMENTAL PROTECTION AGENCY; and the FEDERAL 

LAND MANAGERS of the SHENANDOAH NATIONAL PARK, 

NATIONAL PARK SERVICE; JAMES RIVER FACE WILDERNESS, U.S. 

FOREST SERVICE; DOLLY SODS WILDERNESS and OTTER CREEK 

WILDERNESS, U.S. FOREST SERVICE; and the BRIGANTINE 

WILDERNESS, U.S. FISH and WILDLIFE SERVICE 

THIS MEMORANDUM OF UNDERSTANDING (MOU) is executed by and 

amongst the Commonwealth of Pennsylvania, Department of Environmental Protection 

(p ADEP); U.S. Environmental Protection Agency, Region 3 (EPA); Federal Land 

Managers of the Shenandoah National Park, National Park Service; James River Face 

Wilderness, U.S. Forest Service; Dolly Sods Wilderness, U.S. Forest Service; Otter Creek 

Wilderness, U.S. Forest Service; and the Brigantine Wilderness, U.S. Fish and Wildlife 

Service. 

WITNESSETH: 

WHEREAS, the purpose of this Memorandum of Understanding (MOU) is to establish 

mutually acceptable guidelines for the effective protection of air quality related values (AQRVs) 

within the Shenandoah National Park and James River Face Wilderness in the Commonwealth of 

Virginia, Dolly Sods and Otter Creek Wildernesses in the State of West Virginia, and the 

Brigantine Wilderness of the State of New Jersey. The U.S. Department of the Interior, National 

Park Service; the U.S. Department of Agriculture, Forest Service; and the U.S. Department of 

the Interior, Fish and Wildlife Service, are empowered to manage and protect Class I areas and 

are responsible for ensuring that AQRVs including visibility in these areas are protected. 

WHEREAS, this MOU is not a binding agreement nor does it create any legal rights, 

duties or obligations, which may be enforced by one party or the other in any judicial or 

administrative forum. This MOU is intended to establish a framework for operational 

procedures for the review of and comment on Prevention of Significant Deterioration (PSD) plan 

approval applications submitted to the PADEP which could have an impact in the Shenandoah 

National Park, James River Face Wilderness, Dolly Sods Wilderness, Otter Creek Wilderness, or 

the Brigantine Wilderness. 

WHEREAS, the primary objective of this MOO is to assure the greatest degree of 

cooperation among the signatory agencies consistent with their respective mandates and 

responsibilities as determined under the federal Clean Air Act, (CAA), 42 U.S.C. § 7401 et seq., 

as amended, and its promulgated regulations and the Pennsylvania Air Pollution Control Act 

(APCA), 35 P.S. § 4001 et seq., as amended, and regulations promulgated thereunder. 

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WHEREAS, the EPA has the responsibility to assure compliance with the provisions of 

the CAA and the regulations adopted thereunder. 

WHEREAS, this MOD is authorized, in p~, under Section 102(a) of the CAA, 42 

D.S.C. § 7402(a) which requires the EPA Administrator to "encourage cooperative activities by 

State and local governments for the prevention and control of air pollution." 

WHEREAS, Section 4(24) of the APCA, 35 P.S. § 4004(24), also provides that PADEP 

shall "cooperate with appropriate agencies of the United States .... with respect to the control, 

prevention, abatement, and reduction of air pollution." 

WHEREAS, under the CAA, the Federal Land Managers and the Federal officials 

charged with direct responsibility for management of the Shenandoah National Park, the James 

River Face Wilderness, the Otter Creek Wilderness, the Dolly Sods Wilderness, and the 

Brigantine Wilderness have the affirmative responsibility to protect the AQRVs of these lands. 

WHEREAS, P ADEP is empowered by the Pennsylvania General Assembly to 

implement the provisions of the CAA in the Commonwealth of Pennsylvania, the State 

Implementation Plan (SIP), and the APCA, 35 P.S. § 4001 et seq., and regulations promulgated 

under the act. This MOD does not cover PSD permit applications for sources located in 

Allegheny or Philadelphia Counties, as the Allegheny County Health Department and the 

Philadelphia County Health Department administer and enforce PADEP-approved local air 

pollution control programs. 

WHEREAS, this MOV also establishes a process to allow aU of the signatory agencies 

to have access to all necessary information,and sufficient opportunity to effectively execute the 

statutory and regulatory obligations of each agency. 

WHEREAS, the intent of this MOD is to ensure the coordinated review ofPSD plan 

approval applications in an expedited manner when a complete PSD plan approval application 

has been submitted to the PADEP. 

NOW, THEREFORE, it is hereby resolved by the parties that: 

PROVISIONS:. 

In accordance with the CAA and applicable regulations, the Federal Land Managers 

(FLMs) and EPA will be afforded the opportunity to review and comment on "draft" state air 

quality plan approvals (pre-construction permits) for PSD permit actions. 

For plan approval applications submitted to PADEP, which are subject to the 

requirements of the PSD regulations, the following procedures will be followed: 

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(1) Program staff in the P ADEP regional office responsible for reviewing the plan 

approval application will provide notifications to the FLMs and EPA that discussions. have been 

held with representatives of a company, or companies, proposing to apply for a plan approval 

under the provisions of the PSD regulations; such notification shall be given as soon as practical, 

but not later than 30 days after the date oli which the discussions were held. This notification 

requirement is not to be interpreted to mean that the PADEP will notify the FLMs or EPA as a 

result of inquiries from company representatives on plan approval requirements within the 

Commonwealth, even if the company indicates that the proposed facility may be subject to PSD 

review. However, once a company representative indicates to PADEP that an application will be 

submitted which is, or is likely to be, subject to the provisions of the PSD regulations, the 

appropriate regional office of the P ADEP responsible for reviewing the plan approval application 

will provide to the FLMs and EPA basic information, as specified in paragraphs (a)-(f) of this 

provision, on the proposed source. Once the emissions information is supplied, the FLMs will 

advise P ADEP and EPA within 30 calendar days regarding the need for and extent of further 

participation by the FLMs in the permit review process. 

P ADEP will encourage pre-application meetings with potential PSD plan approval 

applicants to discuss what information must be included with their application in order to satisfy 

the requirements for a complete application. The potential plan approval applicants will also be 

encouraged to provide P ADEP with a modeling protocol for review in advance of conducting 

any air quality modeling, including Class I and Class II modeling, that will be needed in support 

of their application. 

If a modeling protocol is submitted to P ADEP by a potential applicant prior to the date of 

an actual plan approval application, the modeling protocol will be supplied to the FLMs as soon 

as practical. Basic information that will be provided to the FLMs includes, but is not limited, to 

the following: 

a. The name of the company. 

b. The type of facility proposed. 

c. The general location of the proposed facility. 

d. As much information regarding equipment and emissions as is available. 

e. An estimate of when a formal application is expected. 

f. A Class I air quality modeling protocol. 

(2) Program staff in the PADEP regional office responsible for processing the plan 

approval application will notify the applicant that the FLMs and EPA are available for 

conference calls and pre-application or pre-hearing meetings upon request. When scheduling 

conference calls and meetings, all reasonable steps will be taken to provide advance notification 

of such and to accommodate the availability of all parties .. While nothing in this MOO prohibits 

any of the signatories of this MOO from meeting with an applicant without the other parties, 

those signatory parties that participate during a conference call or meeting will fully inform those 

non-participating signatory parties about the results of such meetings. Copies of the agenda will 

be provided to all signatory parties prior to the scheduled call or meeting. 

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(3) Program staff in the PADEP regional office responsible for processing the permit and 

plan approval application will provide to the FLMs and EPAa copy of the following: 

a. PSD Plan Approval Application. 

b. Best Available Control Technology (BACT) analysis by applicant. 

c. Modeling analysis, including a specific listing of critical elements as specified in 

Paragraph (4) below. 

d. Visibility analysis. 

e. Other impact analyses, including AQRVs. 

f. Draft PSD plan approval, which will contain the enforceable mechanisms to assure 

compliance with the emission limits relied upon for the Class I modeling. These 

mechanisms will include certified a Continuous Emissions Monitoring System where 

practical and will utilize EPA approved test methods and procedures. The draft plan 

approval will be provided by ewmail to the signatory parties for review prior to the public 

comment period. 

g. The proposed PSD plan approval will be provided by ewmail on or before the first day 

of the public comment period along with the notice language. 

h. The PADEP engineering and modeling analysis report for the proposed PSD Plan 

Approval Application. 

i. Response to Public Comments Document. 

j. Final PSD plan approval and relevant revised documents (if applicable). 

(4) Items specified in Paragraph (3) (a)wG) of this MOD, will be transmitted to the FLMs 

and EPA as soon as possible after receipt from the applicant, and after an administrative 

completeness determination has been made by PADEP staff. Receipt of the information in 

Paragraph (3)(a)wG) provided by PADEP to the FLMs will begin the FLM 60wday 

review/consultation period. 

The critical elements referenced in Paragraph (3)(c) of this MOD are the following air 

quality model inputs as determined from anticipated emission limits for the proposed project. 

PADEP will provide the following critical elements: 

a.) S02 emission rates (3~hr, 24whr and annual). 

b.) NOx emission rates (24-hr and annual). 

c.) PM-IO emission rates (24whr and annual). 

d.) H2S04 emission rates (24-hr and annual). 

The critical elements specified above, and referenced in Paragraph (3)(c), will be 

provided to the FLMs during this consultation period, but no later than 45 days prior to 

publishing a notice of a public hearing or "Notice of Intent to Issue". Such notice will be 

published in a newspaper of general circulation in the county of the plan approval application 

and in the Pennsylvania Bulletin. The PADEP will officially notify the FLMs by ewmail when the 

information specified in items Paragraph (3)(a)-G) and Paragraph (4)(aHd) of this MOD have 

been transferred. If the FLMs anticipate making an adverse impact statement, they will notify 

the P ADEP of their determination within 30 days of official receipt of this information and the 

FLMs will provide their written comments no later than two weeks after such notification. 

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(5}After all infonnation identified in Paragraph (3) of this MOU has been provided to the 

FLMs and EPA, this infonnation may be corrected or supplemented through modifications and 

additions to the original plan approval application which is received during the P ADEP review 

period of the plan approval application. Any such additional infol1J!.ation will be provided to the 

FLMs and EPA as soon as possible, but will not chqe the 6O-day review/consultation period as 

established in Paragraph (4) above. Ifthe applicant submits additional information during the 

review/consultation period, which represents a significant change to the plan approval 

application or draft plan approval, additional review time may be allowed, with the concurrence 

of all parties to this MOU. If these changes involve increases in the emissions of NO x, PM-IO, 

S02 or H2S04; or if these changes involve emission decreases of these pollutants which were 

needed in order to reduce or eliminate an adverse impact; or if any emission release parameters 

such as stack height, stack location or exhaust gas changes; then additional time to re-run and reevaluate the visibility modeling and any other AQRV impact analysis affected by these changes 

will be provided. A mutually agreed upon extension of the review/consultation period of up to a 

maximum of30 days may be granted. For time periods during the review of the PSD 

application, where PADEP has removed the applicant from the "clock" for purposes of the 

"Money-Back-Guarantee" Program, an equal time extension will occur in the time shown for 

review in the attached "PSD Permitting Interaction With EPA and FLMs" (Attachment I). 

(6) All PSD plan approval application information, including the engineering analysis 

report and the modeling analysis report prepared by the PADEP, described in the MOU and a 

draft plan approval will be provided to the FLMs and EPA rio later than 30 days prior to any 

public hearing or notice in the Pennsylvania Bulletin ofPADEP's intent to issue or deny the plan 

approval. The P ADEP Air Program Manager in the regional office responsible for processing 

plan approval application will provide all applicable PSD pennit information, inclUding the air 

quality analyses information to the FLMs and EPA. 

(7) The FLMs may provide, and the PADEP will consider when determining its 

appropriate action on a plan approval application covered by this MOU, any analysis performed 

by the FLM and received by P ADEP within 2 weeks after P ADEP provides a draft plan approval 

to the FLMs. If the preliminary analysis provided by any of the signatory FLMs would show 

that a proposed source for PSD permitting could have an adverse impact on AQRVs, including 

visibility, in areas identified in this MOU, PADEP will work with the FLMs to resolve issues 

relevant to any FLM adverse impact determination prior to proposing to issue the plan approval. 

If P ADEP concurs with the adverse impact determination by the FLMs, PADEP will not issue 

the PSD plan approval and may take action to deny the plan approval. In the event that PADEP 

does not find that theFLM-provided preliminary analysis demonstrates to the satisfaction of 

PADEP that an adverse impact will result, the notice of hearing or proposed approval will 

contain an explanation of its decision, or a reference to where a complete explanation of such 

finding may be obtained. P ADEP will also provide in the notice the FLMs adverse impacts 

comment, along with information where the complete text of the adverse comments can be 

obtained. .. 

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IV. Effective Date 

This MOD will become effective on the date of the last signature to the MOD. 

V. Understanding of the Parties 

This MOD sets forth the entire understanding amongst the parties on this matter and does 

not create any contractual obligations with respect to the signatory agencies or any other parties. 

The parties acknowledge and understand that the MOD may only be modified or terminated in 

writing as an amendment to this MOD. The request for any such modification or termination of 

the MOD must be submitted in writing to all signatory agencies for review and concurrence at 

least 60 days in advance of the effective date of the desired modification or termination. 

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IN WITNESS THEREOF, the parties acknowledge the foregoing as the tenns and 

conditions of their understandiag and hereto have executed this Memorandum of Understanding 

as of the last date written below. 

ENT OF ENVIRONMENTAL PROT CTION 

Date: ~Cf 

FOR REGION 3, REGIONAL ADMINISTRATOR, U.S. ENVIRONMENTAL 

PROTECTION AGENCY 

~Vd6 Date: t~ Donald S. Welsh, Regional Administrator 

NATIONAL PARK, NATIONAL PARK SERVICE 

FOR THE JAMES RIVER FACE WILDERNESS, U.S. FOREST SERVICE 

pervisor, George Washington and Jeffe 

FOR THE DOLLY SODS AND OTTER CREEK wILDERNESSES, U.S. FOREST 

SERVI 

FOR THE BRIGANTINE WILDERNESS; U.s; FISH AND WILDLIFE SERVICE 

~.. - p ~ . .. Date: ~L/~ h(>ol. 

Steve :4.tzert, Projectanager, Edwin B. Forsythe National Wildlife RefugJ 

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T 

I 

M 

E 

L 

I 

N 

E 

180 

(Business) 

DAYS 

Attachment 1 

PSD PERMITTING INTERACTION WITH EPA and FLMs 

PADEP EPA 

x 

x 

FLMs 

x 

Pre-application 

Conference/ Meeting 

Receipt of 

TASKS 

Complete Application with 

both PSD & Class I Modeling 

30 days(a11 days are calendar days. unless otherwise specified) (Administrative and Technical Review) 

~ SEND COPIES OF ADMINISTRA TIVEL Y COMPLETE APPLICATION . 

AND MODELING TO EPA AND THE FEDERAL LAND MANAGERS 

. Finalize --------------------------------------------~ X Completeness Determination 

BACT, LAER, Modeling review, 

mitigation 

(Discretionary consultation may occur between PADEP, EPA 

d the FLMs during this review period) 

60daY'j 

45 days 

Modeling critical elements will be supplied to EPA and the FLMs at least 

45 days in advance of sending the public notice for publication and 30 days in 

advance of providing a draft plan approval permit to EPA and the FLMs 

" 

r fday

, 

·tx 

Up to 

60 days 

a needed 

x x Draft Plan Approval Permit 

(Draft PNPermit to be sent to the owner/operator, EPA, and the FLMs) 

If FLMs have adverse comments on the modeling impact in the Class I area, they 

must be sent to the Department within 2 weeks after receipt of draft P NPennit for 

inclusion in the notice of intent to issue. 

x x Public Notice 

This is the public notice in the P A Bulletin of intent to issue/deny and may also 

include a separate notice for a public hearing to take comment. 

,,. , P AlPermit Issuance ~--~----------------------------------~--