Commonwealth of Pennsylvania

State Implementation Plan Revision

Sections 110(a)(1) and 110(a)(2) Requirements for the 

2008 Lead National Ambient Air Quality Standard

SEPTEMBER 2012

Bureau of Air Quality

Pennsylvania Department of Environmental Protection

P.O. Box 8468

Harrisburg, PA 17105-8468

717-787-9495

www.dep.state.pa.us

Michael L. Krancer Tom Corbett

Secretary Governor
B

blank for two sided copying
C

Table of Contents

State Implementation Plan Revision ...................................................................................................................................................................... 1

Table 1. Pennsylvania’s Statutory and Regulatory Provisions Pertaining to the Clean Air Act Section 110(a)(2) Requirements ............................ 3

for the 2008 Lead NAAQS .................................................................................................................................................................................... 3

§110(a)(2)(A).................................................................................................................................................................................................... 3

§110(a)(2)(B) .................................................................................................................................................................................................... 4

§110(a)(2)(C) .................................................................................................................................................................................................... 6

§110(a)(2)(D)(i) ................................................................................................................................................................................................ 7

§110(a)(2)(D)(ii) ............................................................................................................................................................................................... 8

§110(a)(2)(E)(i)................................................................................................................................................................................................. 8

§110(a)(2)(E)(ii)...............................................................................................................................................................................................11

§110(a)(2)(E)(iii)..............................................................................................................................................................................................11

§110(a)(2)(F)(i) and(ii).....................................................................................................................................................................................12

§110(a)(2)(F)(iii)..............................................................................................................................................................................................13

§110(a)(2)(G)...................................................................................................................................................................................................13

§110(a)(2)(H)...................................................................................................................................................................................................14

§110(a)(2)(I).....................................................................................................................................................................................................15

§110(a)(2)(J) ....................................................................................................................................................................................................16

§110(a)(2)(K)...................................................................................................................................................................................................16

§110(a)(2)(L)....................................................................................................................................................................................................17

§110(a)(2)(M) ..................................................................................................................................................................................................18
1

Commonwealth of Pennsylvania

State Implementation Plan Revision

Section 110(a)(1) and 110(a)(2) Requirements for the 2008 Lead NAAQS

Background

On October 15, 2008, the U.S. Environmental Protection Agency (EPA) promulgated revisions to the primary and secondary lead national 

ambient air quality standards (NAAQS). These standards were lowered from 1.5 micrograms per cubic meter (μg/m3) to 0.15 μg/m3(73 FR 

66964 (Nov. 12, 2011)). Section 110 of the Federal Clean Air Act (CAA), 42 U.S.C.A. § 7410, requires states to develop State 

Implementation Plan (SIP) revisions and programs to meet the NAAQS established by EPA to protect public health and welfare. Section 110 

of the CAA also prescribes general elements for the implementation of SIPs. Sections 110(a)(1) and 110(a)(2) of the CAA (42 U.S.C.A. 

§ 7410(a)(1) and (2)), require states to submit SIP revisions to the EPA Administrator that provide for implementation, maintenance and 

enforcement of the NAAQS. This SIP revision, generally referred to as the “Infrastructure SIP,” describes basic elements, including ambient 

air quality monitoring, emission inventories, enforcement of control measures, modeling, monitoring, nonattainment new source review, 

prevention of significant deterioration and stationary source monitoring, designed to assure attainment and maintenance of the 2008 lead 

NAAQS. States are required to submit these Infrastructure SIP revisions to EPA three years from the date a new or revised NAAQS is signed 

by the EPA Administrator.

Sections 110(a)(1) and 110(a)(2) of the CAA, 42 U.S.C. §110(a)(1) and 110(a)(2), describe how states are to implement, maintain and enforce 

a NAAQS. This Infrastructure SIP revision fulfills the requirements of sections 110(a)(1) and 110(a)(2) set forth herein for the 2008 NAAQS 

for lead published by the EPA on November 12, 2008 (73 FR 66964). Once approved by EPA, the SIP revision will provide a federally 

enforceable plan of how the Commonwealth will comply with the requirements of sections 110(a)(1) and 110(a)(2) of the CAA set forth 

herein for the 2008 Lead NAAQS.

Legislative authority for the Pennsylvania air quality program relating to the responsibilities in the CAA is codified in the Pennsylvania Air 

Pollution Control Act, 35 P.S. §§ 4001 – 4015 (APCA), including in section 4 of the APCA, which gives the Pennsylvania Department of 

Environmental Protection (Department) the power and duty to implement the provisions of the CAA in the Commonwealth. 

35 P.S. § 4004(1).

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

was provided from June 9, 2012 through July 13, 2012. A public hearing was conducted on July 10, 2012, at which no one testified. A copy 

of the comment and response document is included with this SIP revision. 
2

Certification

Pursuant to section 110(a)(1) of the CAA, the Commonwealth of Pennsylvania has reviewed applicable provisions in the Air Pollution 

Control Act, its implementing regulatory provisions in the Pennsylvania Code and local ordinances and regulations in Philadelphia and 

Allegheny counties and the State Implementation Plan. The Department hereby certifies, based on the applicable statutory and regulatory 

authority set forth in Table 1 (relating to Pennsylvania’s Statutory and Regulatory Provisions Pertaining to the Clean Air Act Section 

110(a)(2) Requirements for the 2008 lead NAAQS) that Pennsylvania’s SIP adequately provides for the implementation, maintenance and 

enforcement of the elements set forth in section 110(a)(2)(A)-(M) of the CAA pertinent to the implementation of the 2008 lead NAAQS. 
3

Table 1. Pennsylvania’s Statutory and Regulatory Provisions Pertaining to the Clean Air Act Section 110(a)(2) Requirements 

for the 2008 Lead NAAQS

Clean Air Act 

Section

SIP Requirement 

Each implementation 

plan submitted by a State 

under this Act shall be 

adopted by the State 

after reasonable notice 

and public hearing. 

Each plan shall-

 Applicable Pennsylvania Statutes and Regulations

§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 

chapter.

The Commonwealth’s enforceable emission limitations and other control measures are

authorized under the Air Pollution Control Act (APCA), 35 P.S. §§ 4001-4015), and 

implementing regulations in Title 25 of the Pennsylvania Code Article III (relating to air 

resources), Chapters 121-145 (25 Pa. Code Chapters 121-145), 67 Pa. Code Chapters 175 –

177 (codified in 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). Any specific emission limitations included in 

previously approved permits (prior to this SIP revision submittal) regarding startup, 

shutdown and malfunctions that are inconsistent with the court’s decision in Sierra Club v. 

EPA, 551F.3rd 1019 (D.C. Cir 2008) are not being certified as meeting this requirement. 

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

Environmental Quality Board (EQB). Where these provisions relate to requirements of 

section 110 of the Clean Air Act (CAA), State Implementation Plan (SIP) revisions have 

been submitted to and approved by EPA. EPA-approved SIP revisions for Pennsylvania are 

codified at 40 CFR part 52, subpart NN. The Commonwealth has an EPA-approved air 

quality permitting program for plan approval (construction permits), operating permits (for 

both major and minor facilities) which ensures that all applicable requirements are included 

in the federally enforceable plan approvals and operating permits. The DEP also 
4

§110(a)(2)(A)

(Continued)

implements and enforces a federally enforceable general plan approval and general 

operating permit program. 

The federally enforceable programs are codified at 40 CFR 52.2020(c)(1), 52.2020(c)(2), 

52.2020(c)(3),, 52.2020(d), 52.2061, 52.2062, 52.2063 and 40 CFR Part 70, Appendix A. 

§110(a)(2)(B)

provide for establishment 

and operation of 

appropriate devices, 

methods, systems, and 

procedures necessary to

(i) monitor, compile, and 

analyze data on 

ambient air quality,

and

(ii) upon request, make 

such data available 

to the Administrator; 

Ambient air quality monitoring data system. Section 4(17) of the APCA, 35 P.S. § 4004,

authorizes 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 Section 12 of 

APCA, 35 P.S. § 4012, and the terms of the “Agreement for Implementation of the 

Philadelphia County Air Pollution Control Program,” dated September 30, 2010. The 

Allegheny County Health Department (ACHD) operates its monitoring network as a 

Pennsylvania approved program under Section 12 of the APCA and the terms of 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. 

The Pennsylvania ambient monitoring network (DEP and local agencies) consists only of 

lead 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 of each year. 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. DEP provides a 30-day public comment period for the annual network design 

plan. In addition, DEP and the local air agencies provide EPA Region III with prior
5

§110(a)(2)(B)

(continued)

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. 

In accordance with the original Lead Ambient Air Monitoring Requirements, promulgated 

November 12, 2008 (73 FR 66964), monitoring equipment was installed in association with 

twelve facilities emitting more than one ton of lead per year (Horsehead Monaca and Bruce 

Mansfield power plant in Beaver County; East Penn and Exide in Berks County; Exelon 

Eddystone power plant in Delaware County; U.S. Army at Letterkenny in Franklin County; 

Keystone power plant in Indiana County; Inmetco in Lawrence County; Schott in Luzerne 

County; Conemaugh power plant in Westmoreland County; and Bridgeville Glass and 

Allegheny Ludlum in Allegheny County). These monitoring stations were installed and 

operational by January 1, 2010. In accordance with the Revisions to the Lead Ambient Air 

Monitoring Requirements, promulgated December 27, 2010 (75 FR 81126), seven facilities 

were identified as emitting more than 0.5 tons per year in Pennsylvania. Monitoring 

equipment has been installed at two locations (Mt. Joy Wire in Lancaster County and 

Horsehead Palmerton in Carbon County). These lead monitoring stations were installed and 

operational by May 24, 2012. EPA has issued waivers for the remaining facilities. Those 

facilities are: EME Homer City in Indiana County, Allegheny Energy Hatfield in Fayette 

County, Allegheny Ludlum in Westmoreland County and PPL Montour in Montour 

County. Waivers were issued for these facilities either because there were no modeled 

impacts from these facilities or the area of modeled impacts fell in non-populated areas.

DEP and the local air pollution control agencies in Philadelphia and Allegheny counties 

collect and report to EPA all ambient air quality data for SO2, CO, O3, NO2, lead, 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.
6

§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 of this 

subchapter.

Program for enforcement of control measures. 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.

The Commonwealth has an EPA-approved air permitting program for the construction and 

operation of both major and minor facilities, which ensures that all applicable requirements 

are included in federally enforceable plan approvals, operating permits and general plan 

approvals and general operating permits. 61 FR 39597 (July 30, 1996).

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 implementing regulations in 25 Pa. Code 

Chapters. 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).
7

§110(a)(2)(D)(i) contain adequate 

provisions prohibiting, 

consistent with the 

provisions of this 

subchapter, any source 

or other type of emissions 

activity within the state 

from emitting any air 

pollutant in amounts 

which will contribute 

significantly to 

nonattainment in, or 

interfere with 

maintenance by, any 

other state with respect 

to any such national 

primary or secondary 

ambient air quality 

standard, or interfere 

with measures required 

to be included in the 

applicable 

implementation plan for 

any other state under 

part C of this subchapter 

to prevent significant 

deterioration of air

quality to protect 

visibility.

Interstate Transport: The physical properties of lead prevent lead emissions from 

traveling long distances, and there is a sharp decrease in lead concentrations as the distance 

from a source decreases. Based on Pennsylvania’s permitting and emission inventory 

system, there are no sources of lead emissions equal to or greater than 0.5 ton per year 

within a close proximity (less than a 2 mile radius) of the state borders. Therefore, lead

sources in Pennsylvania do not have emissions that impact neighboring states such that 

they contribute significantly to nonattainment or interfere with maintenance by any other 

states. 

See the map in Attachment 1 of the Appendix which identifies the location of all 

stationary sources in PA which emitted more than 0.5 tons of lead in 2010. 

Visibility: EPA has indicated that lead-related visibility impacts were found to be 

insignificant. Furthermore, Pennsylvania submitted the Regional Haze SIP under CAA 

Section 169 in December 2010 to address visibility related pollutants, and EPA acted on 

that SIP submittal at 77 Fed. Reg. 33,641 (June 7, 2012) and 77 Fed. Reg. 41,279 (July 13, 

2012). Pennsylvania does not have a Class I area. The closest Class I areas to Pennsylvania 

are Brigantine Wilderness in New Jersey and Otter Creek Wilderness in West Virginia 

which are approximately 70 and 73 kilometers, respectively, from the borders with 

Pennsylvania.

PSD and NSR: See subparagraph (C) above and subparagraph (D)(ii) below for reference 

to PSD and NSR rules.
8

§110(a)(2)(D)(ii)

Contain adequate 

provisions insuring 

compliance with the 

applicable requirements 

of sections 115 or 126(b) 

(relating to interstate and 

international pollution 

abatement). 

Nonattainment New Source Review (NNSR) and Prevention of Significant Deterioration 

(PSD) Requirements: Major stationary sources for lead are currently subject to PSD and 

NNSR permitting programs as described in the Pennsylvania implementation descriptions 

for §110(a)(2)(C) and (J). The Department of Environmental Protection (DEP) implements 

and enforces the PSD and NNSR in all areas of the Commonwealth, except Philadelphia 

and Allegheny counties; those counties administer and enforce approved local air pollution 

control programs under Section 12 of the Pennsylvania Air Pollution Control Act. 

NNSR and PSD provisions are codified in Pennsylvania’s SIP at 40 CFR 40 CFR 

52.2020(c)(1), 52.2020(c)(2), 52.2020(c)(3), 52.2020(d), 52.2058(a) and 52.2061.

§110(a)(2)(E)(i)

provide 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 

State Agency Legal Authority: The Commonwealth’s enforceable emission limitations 

and other control measures are authorized under the APCA and applicable implementing 

provisions in 25 Pa. Code Chapters 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 adopted by the EQB and promulgated under the Commonwealth Documents Law. 

Ordinances and regulations enacted and adopted, respectively 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 requirements in section 110 of the CAA, SIP revisions have been 

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

Pennsylvania’s SIP 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 operating permits issued to facility owners and 

operators. 
9

§110(a)(2)(E)(i)

(continued)

provision of federal or 

state law from carrying 

out such implementation 

plan or portion thereof,

Local Agency Legal Authority: Section 12 of the APCA (35 P.S. § 4012) authorizes local 

air pollution control programs in any county of the first or second class of the 

Commonwealth, Philadelphia and Allegheny counties, respectively. Consistent with 

section 12 of the APCA and the terms of DEP’s approval of the counties’ local air 

pollution control programs, the local agencies continue to operate their own programs, 

which at a minimum must meet the requirements of the APCA, the CAA and the 

regulations adopted under the acts. The enabling authority for Philadelphia AMS is 

provided by Title 3, Air Management Code. The ACHD local air pollution control 

program is authorized under County Ordinance 16782 and implementing regulations in

Article XXI.

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

establish by regulation a permanent annual air emission fee as required for regulated 

pollutants by section 502(b) of the CAA (42 U.S.C.A. § 7661a(b)) to cover the reasonable 

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

of the CAA, other related requirements of the CAA and the reasonable indirect and direct 

costs of administering the Small Business Stationary Source Technical and Environmental 

Compliance Assistance Programs including the Small Business Compliance Advisory 

Committee and the Office of Small Business Ombudsman. The emission fee shall not 

apply to emissions of more than 4,000 tons of any regulated pollutant. Section 6.3 of the 

APCA also authorizes the EQB by regulation to establish fees to support the air pollution 

control program authorized by this act and not covered by fees required by section 502(b) 

of the CAA.

The implementing air quality fee provisions are codified in 25 Pa. Code Chapter 127, 

Subchapter I (relating to plan approval and operating permit fees). The APCA also 

authorizes the establishment of fees to cover non-Title V costs. The air quality program 

also receives revenue from fines and civil penalties.

Section 9.2 provides that all fines, civil penalties, and fees collected under the APCA shall 

be paid into the Treasury of the Commonwealth in a special fund known as the Clean Air 

Fund (CAF), which shall be administered by the Department for use in the elimination of 

air pollution. This section further provides that the Department may establish such separate 
10

§110(a)(2)(E)(i)

(continued)

accounts as may be necessary to implement the requirements of the APCA and the CAA. 

The fees are deposited into the CAF and are used as prescribed in the statutes and 

implementing regulations. The Department prepares Comparative Financial Statements for 

each account in the CAF and projects the expenditures out four years to assure the stability 

of the fund. CAF Spending Plans are developed and approved for two fiscal years. The 

Department receives federal funds under Sections 105 and 103 of the CAA. State General 

Fund appropriations are used to match the Section 105 grant. 

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 implement the 

SIP with respect to the lead NAAQS requirements. Should EPA determine that the DEP 

lacks adequate personnel to implement the SIP, EPA is authorized to issue a finding with 

respect to that deficiency, which DEP would have a legal obligation to correct within 18 

months after such finding. 

Local Staffing: DEP’s Agreement for Implementation of the Philadelphia County Air 

Pollution Control Program and the Agreement for Implementation of the Allegheny 

County Air Pollution Control Program (referenced above) assure that the two Departmentapproved local agencies similarly have the necessary personnel, funding and authority to 

carry out their respective obligations under the SIP.
11

§110(a)(2)(E)(ii) Provide 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 Pennsylvania Department of Environmental Protection (DEP), not state boards.

§110(a)(2)(E)(iii) provide 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

implementation of such 

plan provision;

Section 12 of the APCA 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 

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 to the Department 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. 

See Attachments 2 and 3 which are the current implementation agreements for the local air 

pollution control programs in Philadelphia and Allegheny counties.
12

§110(a)(2)(F)(i)

and(ii)

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 emissions-related 

data from such 

source,

Regulatory requirements for sampling, testing and monitoring by owners or operators of 

stationary sources 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 25 Pa. Code Article III, Chapters 121-145, , 

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 are 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 provisions were approved by EPA and codified at 40 CFR 52.2020(c)(1), 

52.2020(c)(2), 52.2020(c)(3) and 52.2020(d).
13

§110(a)(2)(F)(iii) require, as may be prescribed by the 

Administrator:

(iii) correlation of such 

reports by the state 

agency with any 

emission limitations 

or standards 

established pursuant 

to this chapter, which 

reports shall be 

available at 

reasonable times for 

public inspection. 

The Commonwealth is responsible for 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 extent the records, reports or information are 

determined by DEP to be confidential under section 13.2 of the APCA, 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. All emissions data to which the Department has access is not 

considered confidential information. DEP generally makes information available for 

public access through its Web site (www.depweb.state.pa.us), 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.

Emergency Powers. The Department can request the owners and operators of leademitting facilities to create Standby Plans in accordance with the provision in 25 Pa. Code 

Chapter 137 (relating to air pollution episodes). Standby plans, when necessary, must be 

developed in accordance with the criteria in 25 Pa. Code § 137.4 (relating to standby 

plans). While no specific emergency episode plans are required at this time, Pennsylvania 

has adequate general emergency powers to address lead related episodes, as appropriate 

and necessary. 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). 

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. The state and local 

requirements in 25 Pa. Code Chapter 137, Part F to Article XX/XXI and Philadelphia AMS 

Regulation IV were approved by EPA and codified in Pennsylvania’s 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). 
14

§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 

primary or secondary 

NAAQS or the 

availability of 

improved or more 

expeditious methods 

of attaining such 

standard, and 

(ii) 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 

chapter (CAA). 

Future SIP Revisions. Section 4(1) of the APCA, 35 P.S. § 4004(1), empowers the 

Department to implement the provisions of the CAA. Section 5 of the APCA, 35 P.S. § 

4005, authorizes the Environmental Quality Board to adopt rules and regulations for the 

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

§131.2 adopts and incorporates the federal NAAQS by reference. The revised standards 

are effective in Pennsylvania on the same effective date set forth in the Federal Register

for each new or revised NAAQS. 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 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. 
15

§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 of 

this subchapter (relating 

to nonattainment areas).

Nonattainment SIP Revisions. The Department is developing SIP revisions for the three 

areas that EPA has designated as lead areas. The SIP revisions shall contain the required 

elements of part D for an approvable SIP.
16

§110(a)(2)(J) meet the applicable 

requirements of section 

121 of this title (relating 

to consultation), section 

127 of this title (relating 

to public notification), 

and part C of this 

subchapter (relating to 

prevention of significant 

deterioration of air 

quality and visibility 

protection);

The APCA provides adequate authority for DEP’s public participation process for the 

review of proposed SIP revisions, 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 uses its Web site to fulfill the requirement for public notification under CAA Section 

127. DEP will be making lead monitoring data available on a quarterly basis at 

http://www.ahs2.dep.state.pa.us/aq_apps/aadata/ starting in 2012.

The federal PSD provisions in 40 CFR 52 under section 161 of the CAA (42 U.S.C.A. § 

7471) are adopted and incorporated by reference in 25 Pa. Code Chapter 127, Subchapter 

D. Whenever EPA promulgates any PSD amendments for the 2008 lead NAAQS, the 

provisions will automatically be adopted and incorporated in the Pennsylvania Code. There 

are no new applicable visibility protection obligations under section 110(a)(2)(J) as a result 

of the 2008 lead NAAQS. 

These provisions were approved by EPA as part of the SIP. The Allegheny County SIP 

revision for PSD was submitted in July 2008 and is pending approval. EPA published its 

proposed approval of the Allegheny County SIP revision on June 11, 2012 at 77 FR 34300.

Codified or approved by EPA at 40 CFR 52.2020(c)(1), 52.2020(c)(2), 52.2020(c)(3).

§110(a)(2)(K) (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 

Air Quality Modeling. Section 4(1) of the APCA obligates 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 the Department has the power and duty to 

conduct or cause 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 
17

§110(a)(2)(K)

(Continued)

emissions of any air 

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;

reduction of air pollution and air contamination. 35 P.S. § 4004 (15). This enabling 

legislation empowers the DEP to perform air quality modeling and to make data 

submissions prescribed by the Administrator of EPA in accordance with Section 

110(a)(2)(K) of the CAA. 

Pennsylvania will continue to perform modeling as required under the CAA to demonstrate 

attainment. Pennsylvania will continue to submit the air quality modeling data to EPA as 

part of its relevant SIP submissions and through federal grant commitments as appropriate. 

Pennsylvania will also continue to provide air quality modeling data to the EPA 

Administrator upon request.

The procedures followed in the modeling analysis for the 2008 lead attainment 

demonstrations will be conducted in accordance with EPA’s The Guideline of Air Quality 

Models and other associated EPA guidance.

§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 chapter, a fee 

sufficient to cover—

(i) the reasonable costs 

of reviewing and 

acting upon any 

application for such a 

permit, and 

if the owner or operator 

receives a permit for 

Permitting Fees: 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

implemented in accordance with 25 Pa. Code Chapter 127, Subchapters F and G, was 

approved by EPA on July 30, 1996 (61 FR 39597).

The EPA-approved provisions are codified at 40 CFR 52.2020(c)(1) and 40 CFR Part 70, 

Appendix A —Approval Status of State and Local Operating Permits Programs (61 Fed. 

Reg. 39597, July 30, 1996).
18

§110(a)(2)(L)

(Continued)

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 

subchapter (Title) V of 

this chapter. 

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

and participation by 

local political 

subdivisions affected by 

the plan.

Section 7 of the APCA (relating to public hearings), 35 P.S. § 4007, requires the 

Environmental Quality Board or the DEP acting on behalf of the Board to conduct public 

hearings in any region of the Commonwealth affected before any rules or regulations with 

regard to the control, abatement, prevention or reduction of air pollution are adopted for 

that region. Notice of such hearings shall be provided at least thirty days prior to the 

scheduled date of the hearing.