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COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF AIR QUALITY CONTROL

ALLEGHENY COUNTY AIR QUALITY PROGRAM

APPROVAL WITH CONDITIONS

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 NOx State Implementation Plan (SIP) call in Pennsylvania 

including any program to implement Phase III of the Ozone Transport Commission 

NOx 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 Allegheny 

County Program.
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f. Under 25 Pa. Code §127.706(b), no later than November 15 of each year, 

Allegheny County shall submit to DEP a description of the implementation of the 

Allegheny County Air Pollution Control Program for the following calendar year, 

including the Title V operating permit program, along with a detailed accounting of 

the costs of implementation.

g. Allegheny County will, during a period of time agreeable to both Allegheny 

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 to 

comment during the development of these documents. Allegheny County shall 

follow these policy and guidance documents and technical interpretations when 

implementing 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. Environmental 

Protection Agency, Allegheny County agrees to implement the requirements of the 

Title V Operating Permits Program Implementation Agreement executed by the 

Department 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.
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e. An accounting of how Title V emission fees were expended by Allegheny 

County shall be provided to the Department on a calendar quarterly basis. This 

information shall be submitted within 30 days after the end of the quarter.

f. Audit

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 and 

operating 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 workload 

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

scheduled to be completed during the following year and the expected completion 

dates.

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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Allegheny 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 emissions and emission rates from each source for CO, NOx, 

SOx, VOC, PM10 and the Section 112(b) air toxic pollutants. The inventory shall 

detail actual emissions for each source on a monthly basis unless otherwise agreed 

upon by DEP and Allegheny County.

Emission Statements

Allegheny County shall require an annual emission statement from facilities 

that emit VOC or NOx. Except as otherwise required by Allegheny County’s 

regulations, 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 

NOx need to submit a statement. The emission statement must indicate the actual 

emissions of VOC and NOx, the method used to calculate the emissions, and a 

certification by a company officer or plant manager that the information is accurate. 

Facilities subject to the Emission Statement regulation must also provide an 

estimate of the average pounds of NOx and VOC emitted per day during the ozone 

season (June - August) for each source within the facility. The average pounds per 

day 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 the 

maximum extent possible for this purpose.
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VI. SOURCE MONITORING

Inspections

Allegheny County shall conduct at least one Level II inspection, as defined by 

EPA, at the Class A and B facilities, as defined by EPA in AIRS, selected for 

inspection in the annual plan. 

Allegheny County will conduct low RVP gasoline, Stage I/II 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 the 

DEP in writing.

Complaint Handling

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 upon 

by 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 address 

and the date of the inspection.

2. The number of low RVP gasoline and Stage I/II 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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5. An opportunity to audit inspection reports which are to be identified 

by DEP at least 30 days in advance.

VIII. ENFORCEMENT

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

documented, Allegheny County shall take reasonable and necessary action to 

achieve 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. §4012, 

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 both 

agencies:

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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X. AMBIENT AIR MONITORING

Allegheny County shall conduct an ambient air monitoring program which 

meets the requirements of 40 CFR Part 58 (Ambient Air Quality Surveillance).

Allegheny County will develop a mechanism to provide the Department with 

real-time access to Allegheny County air monitoring database as required by DEP 

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 (precision checks and audits) for data not 

directly 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 both 

agencies:

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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2. An opportunity to review stack test information for tests identified 

by DEP which can include the test report summary, Allegheny County’s 

decision regarding the acceptability of the test results, and Allegheny 

County’s observation report.

XIV. CONTINUOUS EMISSION MONITORING

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 stringent 

than 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 to 

construct, modify and operate air contamination sources:

1. Title V permits;

2. Synthetic Minor source permits;
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3. NSPS source permits in conformance with EPA specifications;

4. PSD source permits in conformance with EPA specifications;

5. NSR review and permitting;

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

permitting thresholds, and do not qualify for the exemptions published at 23 

Pa. 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 dismantled or removed, Allegheny County 

shall 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 the 

ERC 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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has developed in consultation with EPA unless modifications are approved by DEP 

and EPA. These permits need not be produced through DEP’s Air Information 

Management System, but Allegheny County will consider its eventual use.

XVII. AIR QUALITY PERMITTING REPORTING REQUIREMENTS

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 a 

permit if DEP objects to its issuance in writing. Allegheny County shall not issue 

the permit until DEP withdraws its objection when satisfied that Allegheny County 

has resolved the basis for the objection.

_________________ __________________________________________

Date James M. Seif

Secretary

Department of Environmental Protection