Commonwealth of Pennsylvania

Department of Environmental Protection

STATE IMPLEMENTATION PLAN REVISION

Section 110(a)(2) Infrastructure Requirements 

for Fine Particulate Matter

(1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards)

March 2010

Bureau of Air Quality

Pennsylvania Department of Environmental Protection

P.O. Box 8468

Harrisburg, PA 17105-8468

717-787-9495

www.depweb.state.pa.us

John Hanger

Secretary

Edward G. Rendell

Governor
blank for two sided copying
1

Commonwealth of Pennsylvania

Section 110(a)(2)(A)-(M) Clean Air Act Requirements for the Fine Particulate Matter 

Infrastructure State Implementation Plan Revision 

Section 110(a)(2) of the Clean Air Act (CAA) describes how states must implement, maintain and enforce National Ambient Air Quality

Standards (NAAQS). This State Implementation Plan (SIP) revision fulfills the requirements of section 110(a)(2) set forth herein for the 

fine particulate matter (PM2.5 ) NAAQS established by the U.S. Environmental Protection Agency (EPA) in October 2006 (71 FR 6144; 

October 17, 2006) , and fulfills the requirement of section 110(a)(2)(G) of the CAA for the PM2.5 NAAQS established by EPA in 1997 

(62 FR 38652; July 18, 1997). Once approved by the EPA, the SIP revision will provide a federally enforceable plan of how the 

Commonwealth of Pennsylvania will comply with the requirements of Section 110(a)(2) set forth herein for the 2006 24-hour PM2.5 

NAAQS and the Section 110(a)(2)(G) requirements for the 1997 PM2.5 NAAQS.

This SIP revision addresses the following requirements (quoted in full in the table below) contained in Section 110(a)(2) for the 24-hour 

2006 PM2.5 NAAQS:

 enforceable emission limitations and other control measures to meet the standard and fulfill other requirements of the Act;

 ability to monitor, compile, and analyze data on ambient air quality, and to report such data to EPA;

 ability to enforce control measures and regulate modification and construction of stationary sources, including a permit program;

 adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan;

 oversight authority for local government agencies that have responsibility for implementing portions of the SIP; 

 ability to require owners or operators of stationary sources to install, and maintain emission monitoring equipment, and report 

emissions data, as well as the ability of the state to use such reports for compliance; 

 authority for emergency episode plans; 

 ability to revise plans upon revision of the NAAQS, improved information on attainment methods and should EPA require 

revision;

 for nonattainment areas, the ability to meet the applicable requirements of the CAA part D, including conformity, requirements for 

the Ozone Transport Region and New Source Review;

 a program to prevent significant deterioration of air quality and to protect visibility;

 provide for participation for local political subdivisions affected by the plan;

 the ability to perform air quality modeling; and

 requirements for the owner or operator of each major stationary source to pay appropriate fees. 
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In addition, the SIP revision addresses emergency episode plans for the 1997 PM2.5 NAAQS.

On September 25, 2009, the EPA issued a memorandum entitled Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for 

the 2006 24-Hour PM2.5 NAAQS. The guidance addressed consultation with EPA regions, criteria for complete submissions, impacts of 

incomplete submissions, and criteria for satisfying the Sections 110(a)(2)(D) and 110(a)(2)(G) requirements of the CAA. The Department

of Environmental Protection (Department or A DEP) considered this guidance during the development of the Infrastructure SIP revision for 

fine particulate matter.

Requirements for a public comment process are set forth in Section 110(a)(2) of the CAA and 40 CFR 51.102(d). Notice of a public 

comment period and opportunity for a public hearing if requested were provided in the Pennsylvania Bulletin (39 Pa. B. 7924, December 

26, 2009) and in newspapers of general circulation across the Commonwealth. During the public comment period, which closed on January

29, 2010, the Department did not receive any comments on the proposed SIP revision or requests for a hearing. Therefore, the hearing was 

cancelled as per the public notice procedure. 

Legislative authority for the Department’s Air Quality Program is set forth in the Pennsylvania Air Pollution Control Act (APCA), 35 P.S. 

§§ 4001 – 4015 (APCA), including Section 4 of the APCA, which gives the Department the power and duty to implement the provisions of 

the CAA in the Commonwealth. 35 P.S. § 4004(1).
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Section

110(a) 

element

Each implementation plan 

submitted by a State under 

this Act shall:

Pennsylvania Implementation SIP Status

§110(a)(2)(A) include enforceable emission 

limitations and other control 

measures, means, or 

techniques (including 

economic incentives such as 

fees, marketable permits, and 

auctions of emissions rights), 

as well as schedules and 

timetables for compliance as 

may be necessary or 

appropriate to meet the 

applicable requirements of 

this Act.

The Commonwealth’s enforceable emission limitations and other control 

measures are covered in the APCA and those provisions of Pennsylvania Code 

Title 25, Environmental Protection, Article III, Chapters 121-145 (25 Pa. Code

Chapters 121-145), Title 67, Chapters 175 – 177 listed in 40 CFR 

§52.2020(c)(1), Allegheny County Health Department (ACHD) Regulations, 

Parts A through I to Articles XX and XXI listed in 40 CFR 52.2020(c)(2), 

Philadelphia Title 3 Air Management Code and Philadelphia AMS Regulations 

I, II, III, IV, V, VII, VIII, XI, and XIII listed in 40 CFR 52.2020(c)(3), and 

source specific provisions codified at 40 CFR 52.2020(d)(1) and (2).

The regulations in the Pennsylvania Code are duly adopted by the Pennsylvania 

Environmental Quality Board. Where these provisions relate to section 110 

requirements, State Implementation Plan (SIP) revisions have been submitted to 

and approved by EPA. EPA-approved SIP revisions are codified at 40 CFR part 

52, subpart NN. The Commonwealth has an EPA-approved air permitting 

program for both major and minor facilities, which ensures that all applicable 

requirements are included in the facility permit. 

40 CFR 

52.2020(c)(1), 

52.2020(c)(2), 

52.2020(c)(3) 

and 52.2020(d)

§110(a)(2)(B) provide for establishment and 

operation of appropriate 

devices, methods, systems, 

and procedures necessary to 

monitor, compile, and 

analyze data on ambient air 

quality, and upon request, 

make such data available to 

the Administrator; 

Section 4(17) of the APCA, 35 P.S. § 4004, provides the authority for DEP to 

“determine by means of field studies and sampling the degree of air pollution 

existing in any part of the Commonwealth.” DEP establishes, operates, and 

maintains a network of ambient air monitors throughout Pennsylvania, 

excluding Philadelphia and Allegheny Counties. Philadelphia Air Management 

Services (AMS) operates its monitoring network as a Pennsylvania approved 

program under the “Agreement for Implementation of the Philadelphia County 

Air Pollution Control Program,” dated July 1, 1998. The Allegheny County 

Health Department (ACHD) operates its monitoring network as a Pennsylvania 

approved program under the “Agreement for Implementation of the Allegheny 

County Air Pollution Control Program,” dated October 31, 1998. These 

agreements address data collection, data access and reporting. 

SIP Revision 

submitted 

11/2007
4

§110(a)(2)(B)

(continued)

The Pennsylvania network consists only of monitors that have been designated 

by EPA as either Reference or Equivalent monitors. All ambient air monitors 

are subjected to the Quality Assurance requirements of 40 CFR Part 58, 

Appendix A. In addition, all samplers are located at sites that have met the 

minimum siting requirements of Part 58, Appendix E.

As required in 40 CFR Section 58.10, an annual network design plan is required 

to be submitted to the EPA Regional Administrator by July 1 for concurrence 

with the proposed monitoring changes. The network design document informs 

both EPA and the public of any planned changes to the sampling network for the 

next year. The annual network design plan provides a description of the current 

monitoring network, a reason for each change, and any other information 

relevant to the change. In addition, DEP and the local air agencies provide EPA 

Region III with prior notification of any planned changes to the network 

between formal network design submissions. As needed, details of these 

changes are communicated to and approved by EPA.

DEP and the local agencies collect and report to EPA all ambient air quality data 

for SO2, CO, O3, NO2, PB, PM10, and PM2.5. The reports comply with the federal 

requirements of 40 CFR 58.35. As necessary, the submitted data is reviewed, 

edited, validated, and entered into the EPA air quality system (AQS) for 

updating pursuant to prescribed AQS procedures. The EPA AQS receives each 

report within 90 days after the end of the quarterly reporting period. 

DEP analyzes such air quality data (including data from the local agencies) to 

determine attainment status or progress.
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§110(a)(2)(C) include a program to 

provide for the enforcement 

of the measures described 

in subparagraph (A) and 

regulation of the 

modification and 

construction of any 

stationary source within the 

areas covered by the plan 

as necessary to assure that 

national ambient air quality 

standards are achieved, 

including a permit program 

as required in parts C and 

D;

Sections 4 and 8 of the APCA, 35 P.S. §§ 4004 and 4008, provide 

adequate authority for DEP to enforce appropriate limitations and other 

control measures. Section 6.1(k) of the APCA, 35 P.S. § 4006.1(k), 

provides that DEP shall require revisions to any permit to incorporate 

applicable standards and regulations promulgated under the Clean Air Act 

after issuance of a Title V permit. 

Section 9.1 of the APCA, 35 P.S. § 4009.1, provides that DEP may assess 

civil penalties for violations of the APCA, regulations adopted under the 

APCA, Department orders or terms, and conditions of plan approvals and 

operating permits. Additionally, Section 7.1 of the APCA, 35 P.S. § 

4007.1, authorizes DEP to withhold plan approvals, state operating 

permits, or Title V permits where an applicant or related party has shown a 

lack of ability or intention to comply with the APCA. 

The Commonwealth’s enforceable emission limitations and other control 

measures are covered in those provisions of the APCA and Pennsylvania 

Code, Title 25, Environmental Protection, Article III, Chapters 121-145 

(25 Pa. Code Chs. 121-145); Title 67, Chapters 175 – 177 that are listed in 

40 CFR §52.2020(c)(1); ACHD Regulations, Parts A through I to Articles 

XX and XXI that are listed in 40 CFR 52.2020(c)(2); Philadelphia Title 3 

Air Management Code and Philadelphia AMS Regulations I, II, III, IV, V, 

VII, VIII, XI, and XIII that are listed in 40 CFR 52.2020(c)(3); and source 

specific provisions codified at 40 CFR 52.2020(d)(1). 

Elements of the program for enforcement are found in the monitoring, 

recordkeeping and reporting requirements for sources in these control 

measures as well as those provisions of: 25 Pa. Code Chapter 127, 

subchapters D and E that are listed in 40 CFR 52.2020(c)(1); those 

provisions of ACHD Regulations, Parts H and I to Articles XX and XXI 

that are listed in 40 CFR 52.2020(c)(2); and those provisions of the 

Philadelphia Title 3 Air Management Code and Philadelphia AMS 

Regulation I that are listed in 40 CFR 52.2020(c)(3).

SIP revision submitted

12/7/2007
6

§110(a)(2)(E)(i) provide 

 (i) necessary assurances 

that the state (or, except 

where the Administrator 

deems inappropriate, the 

general purpose local 

government or 

governments, or a regional 

agency designated by the 

state or general purpose 

local governments for such 

purpose) will have 

adequate personnel, 

funding, and authority 

under state (and, as 

appropriate, local) law to 

carry out such 

implementation plan (and is 

not prohibited by any 

provision of federal or state 

law from carrying out such 

implementation plan or 

portion thereof);

State Agency Legal Authority: The Commonwealth’s enforceable 

emission limitations and other control measures are covered in the APCA 

and those provisions of Pennsylvania Code Title 25, Environmental 

Protection, Article III, Chapters 121-145 (25 Pa. Code Chs. 121-145) and 

Title 67, Chapters 175-177 that are listed in 40 CFR § 52.2020(c)(1); those 

provisions of ACHD Regulations, Parts A through I to Articles XX and 

XXI that are listed in 40 CFR §52.2020(c)(2); those provisions of 

Philadelphia Title 3 Air Management Code and Philadelphia AMS 

Regulations I, II, III, IV, V, VII, VIII, XI, and XIII that are listed in 40 

CFR 52.2020(c)(3); and source specific provisions codified at 40 CFR 

52.2020(d)(1). The regulations in the Pennsylvania Code are duly adopted 

by the Environmental Quality Board. Those adopted by the local air 

agencies, namely ACHD and Philadelphia AMS, are duly adopted by the 

county Board of Health, enacted by the County Council and approved by 

the Chief Executive and the Air Pollution Control Board, respectively, 

pursuant to section 12 of the APCA (35 P.S. § 4012). Where these 

provisions relate to section 110 requirements, SIP revisions have been 

submitted to and approved by EPA. EPA-approved SIP revisions are 

codified at 40 CFR part 52, subpart NN. The Commonwealth has an EPAapproved air permitting program for both major and minor facilities, which 

ensures that all applicable requirements are included in the facility permit. 

Local Agency Legal Authority: Section 12 of the APCA (35 P.S. § 

4012) establishes the ability of the two pre-existing local air agencies to 

continue to operate their own programs. Authority for AMS is provided 

by Title 3, Air Management Code and for ACHD by Article XXI and 

County Ordinance 16782 

State Revenue: Section 6.3 of the APCA (35 P.S. § 4006.3) authorizes 

the Department to establish fees sufficient to cover the indirect and direct 

costs of administering the plan approval and operating permit program 

including Title V and costs of administering certain committees. 25 Pa. 

Code §127.701 as is currently approved in the SIP establishes fees to cover 

the direct and indirect costs of administering the air pollution control 

planning process, operating permit program, certain committee operation 

SIP revision submitted

12/7/2007
7

§110(a)(2)(E)(i)

(continued)

and to support the air pollution control program authorized by state statute. 

The APCA also authorizes the establishment of fees to cover non-Title V 

costs. The air quality program also receives revenue from fines and 

penalties (Clean Air Fund) and federal funds under Section 105 and 103 of 

the CAA and state general appropriations. 

Local Revenue: The local agencies receive Section 105 and 103 funds 

directly from EPA, have their own authority to collect Title V and other 

fees, and also receive revenue from fines and penalties that are restricted 

for air quality program purposes.

 

State Staffing: DEP believes that Pennsylvania has adequate personnel to 

carry out the SIP with respect to the PM2.5 NAAQS requirements. 

Should EPA determine that the DEP lacks adequate personnel to carry out 

the SIP, EPA may issue a finding with respect to that deficiency, which 

DEP would have a legal obligation to correct. 

DEP’s agreements with ACHD and AMS (referenced above) assure that 

these local agencies similarly have the personnel, funding and authority to 

carry out their respective obligations under the SIP.

§110(a)(2)(E)(ii) (ii) requirements that the 

state comply with the 

requirements respecting 

state boards under section 

128, and

The requirement is not applicable. Permits and enforcement orders are 

issued directly by the DEP, not state boards.

NA

§110(a)(2)(E)(iii) (iii) necessary assurances 

that, where the state has 

relied on a local or 

regional government, 

agency, or instrumentality 

for the implementation of 

any plan provision, the 

state has responsibility for 

ensuring adequate

Section 12 of the APCA, 35 P.S. § 4012, reserved powers to political 

subdivisions to enact air pollution control ordinances, which are not less 

stringent than the requirements of the Clean Air Act, the APCA, and 

regulations adopted under the acts. The APCA authorizes only two local 

air pollution control programs in the Commonwealth, which are 

administered by the Philadelphia AMS and the ACHD. DEP maintains 

agreements with the two local air agencies that DEP relies on for 

implementation of the SIP in Allegheny and Philadelphia counties. DEP 

has approved the local programs in the areas of financial assistance, annual 

SIP revision submitted 

12/7/2007
8

§110(a)(2)(E)(iii)

(continued)

implementation of such 

plan provision;

workload projection, emissions reporting, source monitoring and reporting, 

enforcement, ambient air monitoring and reporting, and air quality 

permitting. The Department has responsibility for ensuring adequate 

implementation of SIP provisions by local authorities under section 12 of 

the APCA, 35 P.S. § 4012. The submission of a description of the 

implementation of the local air pollution control program along with a 

detailed accounting of the costs of implementation is required on an annual 

basis. 

§110(a)(2)(F) require, as may be 

prescribed by the 

Administrator—

 (i) the installation, 

maintenance, and 

replacement of equipment, 

and the implementation of 

other necessary steps by 

owners or operators of 

stationary sources to 

monitor emissions from 

such sources, 

 (ii) periodic reports on 

the nature and amounts of 

emissions and emissionsrelated data from such 

sources, and

 (iii) correlation of such 

reports by the state agency 

with any emission 

limitations or standards 

established pursuant to this 

Act, which reports shall be 

available at reasonable 

times for public inspection; 

Requirements of §110(a)(2)(F)(i) and (ii) of the CAA are already 

addressed in the approved SIP. Regulatory requirements have been 

codified in 25 Pa. Code Chapter 139 (pertaining to sampling and testing). 

Requirements in 25 Pa. Code Section §135.3 provide for the reporting of 

emissions inventories by source owners and operators in a format 

established by DEP on a schedule set forth in the section. In addition, 25 

Pa. Code § 135.21 requires the submission of emission statements as 

required by the CAA. Area, mobile, and non-road data are reported to EPA 

on a 3-year cycle, consistent with 40 CFR Part 51.

The Commonwealth’s enforceable emission limitations and other control 

measures are covered in the APCA and those provisions of Pennsylvania 

Code Title 25, Environmental Protection, Article III, Chapters 121-145 (25 

Pa. Code Chs. 121-145), Title 67, Chapters. 175 – 177 listed in 40 CFR 

§52.2020(c)(1), Allegheny County Health Department (ACHD) 

Regulations, Parts A through I to Articles XX and XXI listed in 40 CFR 

52.2020(c)(2), Philadelphia Title 3 Air Management Code and 

Philadelphia AMS Regulations I, II, III, IV, V, VII, VIII, XI, and XIII 

listed in 40 CFR 52.2020(c)(3) , and, source specific provisions codified at 

40 CFR 52.2020(d)(1) and (2). Elements of the program for enforcement 

are found in the monitoring, recordkeeping and reporting requirements for 

sources in these control measures as well as 25 PA Code Chapter 127, 

subchapters D and E, ACHD Regulations, Parts H and I to Articles XX 

and XXI and Philadelphia AMS Regulation I.

The Commonwealth has the responsibility of making all records, reports or 

information obtained by the Department or referred to at public hearings 

under the provisions of the APCA available to the public, except to the 

40 CFR 52.2020(c)(1), 

52.2020(c)(2), 

52.2020(c)(3) and 

52.2020(d)

SIP revision submitted 

12/7/2007
9

§110(a)(2)(F)

(continued)

extent the records, reports or information are protected by confidentiality 

pursuant to the APCA section 13.2, 35 P.S. § 4013.2. The types of records 

DEP routinely provides access to include notifications, inspection reports, 

notices of violation, enforcement orders, applications, permit review 

letters, sample results, monitoring reports, permits, approvals and denials 

that would relate to §110(a)(2)(F) of the CAA. DEP generally makes 

information available for public access through its website, but also makes 

hard copy reports available upon written request.

§110(a)(2)(G) provide for authority 

comparable to that in 

section 303 and adequate 

contingency plans to 

implement such authority;

For both the 2006 and 1997 PM2.5 NAAQS, no specific emergency episode 

plans are necessary given that existing monitored levels have not exceeded 

the level of 140.4 micrograms per cubic meter identified by EPA in its 

September 25, 2009 Guidance on SIP Elements Required Under Sections 

110(a)(1) and (2) for the 2006 24-hour Fine Particle (PM2.5) National 

Ambient Air Quality Standards (NAAQS), pp. 6-7. Pennsylvania has 

appropriate general emergency powers to address PM2.5-related episodes. 

Enabling authority for “Emergency Powers” is contained in Sections 5(5) 

and 6.2 of the APCA (35 P.S. §§ 4005(5) and 4006.2). The EQB has 

adopted 25 Pa. Code Chapter 137, ACHD has adopted Part F to Article 

XX/XXI and Philadelphia AMS has adopted Regulation IV, all of which 

cover air pollution episodes and the occurrence of an emergency due to the 

effects of pollutants on the health of persons. 25 Pa. Code Chapter 137, 

Part F to Article XX/XXI and Philadelphia AMS Regulation IV were 

approved into the SIP on May 31, 1972 (37 FR 10842), June 16, 1993 (58 

FR 33203), June 12, 1998 (63 FR 32126), June 11, 2002 (67 FR 39854), 

and November 14, 2002 (67 FR 68935). 

40 CFR 52.2020(c)(1), 

52.2020(c)(2), 

52.2020(c)(3) and 

52.2020(d)

§110(a)(2)(H) provide for revision of such 

plan—

 (i) from time to time as 

may be necessary to take 

account of revisions of such 

national primary or 

secondary ambient air 

quality standard or the 

availability of improved or 

Section 4(1) of the APCA, 35 P.S. § 4004(1), gives the Department the 

authority and duty to implement the provisions of the CAA. Section 5 of 

the APCA, 35 P.S. § 4005, gives the Environmental Quality Board the 

authority to adopt rules and regulations for the prevention, control, 

reduction and abatement of air pollution. In addition, 25 Pa. Code 

Chapter 122 adopts the federal NAAQS by reference. The Department has 

revised and will continue to revise the SIP as may be necessary when EPA 

revises the primary or secondary NAAQS and when, if ever, EPA finds the 

SIP is substantially inadequate to attain the NAAQS which it implements 

SIP revision submitted 

12/7/2007
10

§110(a)(2)(H)

(continued)

more expeditious methods 

of attaining such standard, 

and 

 (iii) except as provided in 

paragraph (3)(C), 

whenever the Administrator 

finds on the basis of 

information available to the 

Administrator that the plan 

is substantially inadequate 

to attain the national 

ambient air quality 

standard which it 

implements, or to otherwise 

comply with any additional 

requirements established 

under this Act; 

or otherwise to comply with the CAA. The Department has revised and 

will continue to revise the SIP to take advantage of improved or more 

expeditious methods to attain the NAAQS. 

§110(a)(2)(I)

in the case of a plan or plan 

revision for an area 

designated as a 

nonattainment area, meet 

the applicable requirements 

of part D (relating to 

nonattainment areas);

Amendments to these requirements to fulfill recent federal requirements

were submitted to EPA on August 9, 2007. In preparing SIPs under Part 

D, Pennsylvania complies with all applicable requirements for each 

nonattainment area under sections 110 and Part D, subpart 1 of the CAA.

The New Source Review requirements in 25 Pa. Code Chapter 127, 

Subchapter E, New Source Review, implement the requirements of part D 

for nonattainment areas. On May 16, 2008, the EPA published its final 

rule for the “Implementation of the New Source Review (NSR) Program 

for Particulate Matter Less Than 2.5 Micrometers (PM2.5)” (73 FR 

28321). This Federal regulation requires states with PM2.5 nonattainment 

areas to submit revised nonattainment NSR programs to the EPA within 

three years from the date of publication of the final rule for SIP approval,

or by May 16, 2011. 

Pennsylvania works extensively with the Ozone Transport Commission

established under CAA Section 184 and other regional planning agencies. 

See information under (A) and (C) for compliance with Section 173 and 
11

§110(a)(2)(I)

(continued)

information under (J) for compliance with transportation conformity 

established by CAA Section 176. 

§110(a)(2)(J)

(PSD)

meet the applicable 

requirements of ... part C 

(relating to prevention of 

significant deterioration of 

air quality and visibility 

protection);

DEP has incorporated by reference into Chapter 127, Subchapter D, the 

requirements in 40 CFR 52 under section 161 of the CAA (42 U.S.C.A. § 

7471) for prevention of significant deterioration in their entirety. These 

provisions were codified by EPA in 52.2058, as part of the 

Commonwealth’s SIP.

40 CFR 52.2020(c)(1)

Subchapter D and 40 

CFR 52.2058;

52.2020(c)(2); and

52.2020(c)(3).

Allegheny County SIP 

revision submitted 

6/2008.

§110(a)(2)(J) 

and

§110(a)(2)(M)

(participation)

meet the applicable 

requirements of section 121 

(relating to consultation) 

and section 127 (relating to 

public notification), provide 

for consultation and 

participation by local 

political subdivisions 

affected by the plan;

The APCA provides adequate authority for DEP’s practices of 

consultation and participation in SIPs, as required under CAA Sections 

121 and 127 and notification of NAAQS violations as required in CAA 

Section 127. It also provides authority for the public education efforts 

described in CAA Section 127.Section 4 of the APCA, 35 P.S. § 4004, 

provides general enabling authority for interaction with the public and 

local government.

DEP makes real-time and historical air quality information available on its 

Web site. In the four areas where violations have been most common in 

the past, DEP has formed, funded, and provided technical resources to Air 

Quality Partnerships. The Partnerships receive forecasts of potentially 

unhealthy air quality (including, but not limited to, violations of the 

NAAQS), and encourage specific actions that can be taken to prevent 

standards from being exceeded.

SIP revision submitted 

12/7/2007

§110(a)(2)(K) provide for:

 (i) the performance of 

such air quality modeling 

as the Administrator may 

prescribe for the purpose of 

predicting the effect on 

ambient air quality of any 

emissions of any air 

Section 4(1) of the APCA provides that it is the power and duty of the 

Department to implement the provisions of the CAA in this 

Commonwealth. 35 P.S. § 4004 (1). Inherent in this grant of power and 

duty is the obligation to meet the NAAQS established under Section 107 

of the CAA. 

Section 4(15) of the APCA provides that it is the power and duty of the 

Department of Environmental Protection (Department) to conduct or cause 

SIP revision submitted 

6/2008
12

§110(a)(2)(K)

(continued)

pollutant for which the 

Administrator has 

established a national 

ambient air quality 

standard, and 

 (ii) the submission, upon 

request, of data related to 

such air quality modeling to 

the Administrator;

to be conducted studies and research with respect to air contaminants, their 

nature, causes and effects, and with respect to the control, prevention, 

abatement and reduction of air pollution and air contamination. 35 P.S. § 

4004 (15). This power and duty include the power and duty to perform air 

quality modeling and data submissions prescribed by the Administrator of 

EPA under Section 110(a)(2)(K) of the CAA. 

Inherent in Pennsylvania’s obligation to meet the NAAQS and to conduct 

or cause to be conducted studies and research is the authority and 

obligation for the Department to perform modeling as required under the 

CAA to demonstrate attainment of the NAAQS. Pennsylvania will 

continue to perform modeling as required under the CAA to demonstrate 

attainment. Pennsylvania will continue to submit the air quality modeling 

data as part of its relevant SIP submissions and through federal grant 

commitments or in other ways that EPA may request.

Pennsylvania participates in a multi-state effort for air quality modeling 

demonstrating the attainment of the 2006 PM2.5 standard in cooperation 

with the Mid-Atlantic Regional Air Management Association, the Ozone 

Transport Commission and the Northeast States for Coordinated Air Use 

Management (NESCAUM). This collaborative effort is to perform 

modeling for both the 2006 PM2.5 standard and for the revised groundlevel ozone standard established by EPA in March 2008.

The procedures followed in the modeling analysis for the 2006 PM2.5 

attainment demonstrations will be in accordance with EPA’s Guidance on 

the Use of Models and Other Analyses for Demonstrating Attainment of 

Air Quality Goals for Ozone, PM2.5, and Regional Haze (EPA-454/B-07-

002, April 2007) or its successors.
13

§110(a)(2)(L) require the owner or 

operator of each major 

stationary source to pay to 

the permitting authority, as 

a condition of any permit 

required under this Act, a 

fee sufficient to cover—

 (i) the reasonable costs of 

reviewing and acting upon

any application for such a 

permit, and 

 (ii) if the owner or 

operator receives a permit 

for such source, the 

reasonable costs of 

implementing and enforcing 

the terms and conditions of 

any such permit (not 

including any court costs or 

other costs associated with 

any enforcement action), 

until such fee requirement 

is superseded with respect 

to such sources by the 

Administrator's approval of 

a fee program under title V.

The fee requirements of 25 Pa. Code Chapter 127, Subchapter I, were 

approved by EPA as meeting the CAA requirements and were 

incorporated into the Commonwealth’s SIP. The Commonwealth’s Title 

V operating permit program in 25 Pa Code Chapter 127, Subchapter G, 

was approved (61 Fed. Reg. 39597).

40 CFR 52.2020(c)(1), 

Appendix A —

Approval Status of 

State and Local 

Operating Permits 

Programs to 40 CFR 

Part 70, approved by 

EPA at 61 Fed. Reg. 

39597, July 30, 1996

§110(a)(2)(M) Provide for consultation 

and participation by local 

political subdivisions 

affected by the plan.

See §110(a)(2)(J) above.