June 27, 2014 

### ShawnM. Garvin Regional Administrator U.S. Environmental ProtectionAgency, Region III 1650 Arch Street (Mail Code: 3RAOO) Philadelphia, PA 19103-2029 Dear Mr. Garvin: 

### RECEIVED 

## JUL- 12014 Division Director (3AP00)



### OnJune 25, 2012, the Department ofEnvironmental Protection (DEP) submitted for approval a State Implementation Plan (SIP) pertainingto amendments to the Allegheny County Health Department (ACHD) Rules and Regulations, Article XXI, Air Pollution Control, relating to its NonattainmentNew Source Review (NNSR) regulations in Sections 2102.04,2102.06, and 2102.08. This revision is identified as Revision 66 for ACHD's internal tracking. The DEP is modifying its request for approval ofthe ACHD NNSRregulations as a SIP revision bywithdrawingthe following specific language from the portions ofAllegheny County's revised regulations for New Source Review, Article XXI, Section 2102.06, which are before EPA for actionpursuantto Section 11O(k) ofthe Clean Air Act: "Additions, revisions, or deletions to such regulations by the Commonwealth are incorporated inthis Subsection and are effective onthe date establishedbythe state regulation, unless otherwise established by regulationunder this Article." Underthe modified request, the above cited language remains part ofACHD'sNew Source Reviewregulations, but is not a part ofthe SIP revision subjectto EPA review. The modifications are shown inthe enclosure to this letter. We look forward to your expeditious action onthis SIP revision. Should you have questions or need additional information, please contact Joyce E. Epps, Director oftheBureau ofAir Quality, bye-mail atjeepps@pa.gov orbytelephone at 717.787.9702. Youmay also contact Jayme Graham, Manager, ACHD Air Quality Program, by e-mail atjgraham@achd.net orby telephone at412.578.8103. Sincerely, 

# L cJ2-__A-O- '-!'\ E. Christopher Abruzzo Secretary Enclosure

Rachel Carson State Office Building 1 P.O. Box 2063 1 Harrisburg, PA 17105-2063 717.787.2814 02/. Printed on Recycled**Paper~()** www.depweb.pa.gov

# COUNTYOF

Ms. Joyce Epps, Director Bureau ofAir Quality RICH FITZGERALD COUNTY EXECUTIVE May 13,2014

Department ofEnvironmental Protection Rachel Carson Building 400 Market Street P 0 Box 8468 Harrisburg, P A 17105-8468 Dear Ms
. Epps: 

# ALLEGHENY

The purpose ofthis letter is to request your assistance with an action pending before the U.S. Environmental Protection Agency (EPA) concerning the State Implementation Plan (SIP) Revision for the Allegheny County HealthDepartment'sNew Source Review regulation. On June 25, 2012, the Pennsylvania Department ofEnvironmental Protection submitted a SIP revision to EPARegion III onbehalfofACHD incorporating Pennsylvania's New Source Reviewregulations byreference. EPA has indicated that the language set forth below, which may be found inthis SIP revision, is inconsistent with EPA's procedures for SIP revisions set forth at 40 C.F.R. §§51.103-105 and is, therefore, inconsistent with the Clean AirAct : "Additions, revisions, or deletions to such regulations by the Commonwealth are incorporated in this Subsection and are effective on the date established by the state regulations, unless otherwise established by regulation under this Article

." With this Wlderstanding, Allegheny CoWlty is requesting that you seek the Secretary's concurrence and signature in a letter to the EPA Region III Administrator which withdraws this specific language from the portions ofAllegheny County's revised regulations for New Source Review, Article XXI, Section 2102.06, which are before EPA for action pursuant to Section 11O(k) ofthe Clean Air Act. Withdrawal ofthis language will clarify that, although the above cited language remains part ofACHD's New Source Reviewregulations, such language is not a part ofACHD's SIP submittal that is subject to EPA review. The required changes are shown on the attachment to this letter

.

KAREN HAC KER

. MD. MPH , DIRECTOR ALLEGHENY COUNTY HEALTH DEPARTMENT 955 RIVERMONT DRIVE • PITTSBURGH , PA 15207 PHO NE (4 12) 687-ACHD (2243) • FAX (41 2) 578-8325 • WWW

.ACHD

.NET JAYME GRAHAM, MANAGER. AIR QUALrTY PROGRAM ALLEGHENY COUNTY HEALTH DEPARTMENT 301**39"~** STREET • PITTSBURGH, PA 15201 PHONE C4 12) 57&81 03 • FAX (41 2) 578-81 44 • HTTPj_LWY.YYU>

.. C_t:1Q,NUL:AlB./.l_N_Q_QS.l'.!:t!:.tfEPArequestprompt action so that final action may be taken on the SIPrevision. Thank you for your assistance in this matter.

cc: Kirit Dalal Steve Hepler Enclosures: • Attachment Sincerely,

# q_~~~o- Jayme Graham, Manager Air QualityProgram

• Suggested Secretary letter w/AttaclunentUnder §2102.06, "Major Sources Locating inor Impacting a Nonattainment Area:"

• At Paragraph b.l, "Conditions for Approval," revise as follows : b. Conditions for Approval. The Department shall not issue an Installation Permit, or issue, amend, modify, or reissue a related Operating Permit, for any source to which this Section applies unless the applicant demonstrates that all ofthe following conditions are met:

1. Except as otherwise specifically provided unde1· this Subsection, conditions for approval ofan installation permit shall be applied consistentwith the provisions ofthe state regulation for New Source Review promulgated underthe AirPollution Control Act at25Pa. Code §127.201 through 127.205 (except 127.201(1)), which 

### anhereby incorporated by referenceintothis Subsection. All terms used in 25 PA Code§U7.201 through 127.205 (except 127.201(0, and defined in 25 PA Code SeCtion 121.1 are incorporated by reference, except as explicitly set forth herein. Additions, revisions, or deletions to sueh regulations by the Commcmwealth are ineorporated into this Subseetion and are effective on the date established by the state regulations, unless otherwise established by regulation underthis Artiele.

• At Subparagraphb.3.A, "Emission Offsets," revise as follows : 

### 34. Emission Offsets. The applicant shall demonstrate that it has secured eitlwf emission reduction credits from the state ERC registry system or emission reductions from eJcisting sources in the County to offset allowable emissions and fugitive dust emissions from the proposed new source or the proposed modification by at leastthe ratios set forth below; provided that, in the case ofa source to which this gection applies solely because of a significant air quality impact in a nonattainment area, offsets resulting in a net air quality benefit inthe affected nonattainrnent area shall be sufficient. 

### A. Incorporation by Reference. Except as otherwise specifically provided under this Subsection, the state regulations for the use of Emission Reduction Credits and offset ratios promulgated under the Air Pollution ControlAct at 25 

### Pa. Code §§127.206 

### through 127.210 

### inclusive, are hereby incorporated by reference into this Subsection. All terms used in 25 

### PA Code 127.206 

### through 127.210 

### inclusive, and defined in 25 

### P A Code Section 121.1, 

### are incorporated by reference except as explicitly set forth herein. Additiens, re'l'isiens, et' deletiens te sueh regulatieBs bv the Commem"''ealth are**ineon~orated** 

### inte this gubseetion and 1ue effeetive en the d:ate established bv the state regulations, uBless otherwise established bl' regulatien uad:er this Artiele.

### • At Subsection e, "Portable Facilities," revise as follows:



### e. Portable facilities. Incorporation by Reference. The state regulations for portable facilities under the AirPollution ControlAct at 25 Pa. Code §§127.212 are hereby incorporated by reference into this Subsection. All terms used in 25 PA Code §§127.212 and defined in 25 P A Code Section 121.1 are incorporated by reference. Additions, Fevisions, oF deletions to sueh Fegulations by the Commonwealth are ineon:.orated into this Subseetion and aFe effeetive on the date established bv the state regulations, unless otherwise established by regulation underthis Artiele.

• At Subsection g, "Plantwide Applicability Limits (PALs), revise as follows: 

### g. PLANTWIDE APPLICABILITYLIMIT (PALs) The Plantwide ApplicabilityLimits (PALs) regulations in 25 Pa. Code § U7.218 are hereby incorporated by reference into this Subsection. All terms used in 25 PA Code § 127.218 and defined in 25 P A Code Section 121.1 are incorporated bvreference, except as explicitly set forth herein. ,A..,dditions, rtwisions, or deletions to sueh regulations by the Commonwealth are ineoraorated into this Subseetion and are effeetive on the date established bythe state regulations, unless otheFwise established by regulation under this Artiele.