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110(a)(2)(A)-(M) Requirements in the Current Commonwealth of Pennsylvania State Implementation Plan (SIP) or Pending SIP Revisions

The federally enforceable State Implementation Plan (SIP) for the Commonwealth of Pennsylvania is compiled in 40 CFR Part 52 Subpart NN. 

Many of the miscellaneous requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) relevant to the eight-hour ozone and fine 

particulate (PM2.5) National Ambient Air Quality Standards (NAAQS) are already contained in the Commonwealth of Pennsylvania’s current SIP or 

SIP revisions which have been submitted to but not yet approved by U. S. Environmental Protection Agency (EPA). The following table summarizes 

where these requirements of Section 110(a)(2)(A)-(M) are addressed.

Section 110(a) 

element

Summary of element Provisions in the current Pennsylvania SIP or recent SIP revision submittals Where codified or 

approved by EPA

§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 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 EPAapproved air permitting program for both major and minor facilities, which ensures that all 

applicable requirements are included in the facility permit. 

Furthermore, maintenance plans for the eight-hour ozone National Ambient Air Quality 

Standard (NAAQS) submitted by Pennsylvania as well as the August 29, 2007 eight-hour 

attainment demonstration for Philadelphia submitted as a SIP revision are plans which 

include enforceable emissions limits, controls measures, fees, compliance schedules by 

describing regulations upon which the plans rely.

40 CFR 

52.2020(c)(1), 

52.2020(c)(2), 

52.2020(c)(3) and 

52.2020(d)
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Section 110(a) 

element

Summary of element Provisions in the current Pennsylvania SIP or recent SIP revision submittals Where codified or 

approved by EPA

§110(a)(2)(D) contain adequate provisions—

 (i) prohibiting, consistent with 

the provisions of this title, any 

source or other type of 

emissions activity within the 

state from emitting any air 

pollutant in amounts which will--

 (I) 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

 (II) interfere with measures 

required to be included in the 

applicable implementation plan 

for any other State under part C 

to prevent significant 

deterioration of air quality or to 

protect visibility, 

 (ii) insuring compliance with the 

applicable requirements of 

sections 126 and 115 (relating to 

interstate and international 

pollution abatement);

The EQB has adopted 25 Pa. Code Chapter 145, Interstate Pollution Transport 

Reduction, and is in the process of adopting additional requirements related to the 

federal Clean Air Interstate Rule to reduce the transport of NOx and SO2, precursors of 

ozone and PM2.5. A SIP revision pertaining only to §110(a)(2)(D)(i) is being submitted 

separately. The Commonwealth of Pennsylvania is not currently subject to 

requirements under §§ 115 and 126. 

40 CFR 

52.2020(c)(1) 

§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 Pennsylvania Department of Environmental Protection (DEP), not state boards.
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Section 110(a) 

element

Summary of element Provisions in the current Pennsylvania SIP or recent SIP revision submittal Where codified or 

approved by EPA

§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 emissions-related 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; 

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 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 on a 3-year cycle.

Furthermore, maintenance plans for the 8-hour ozone NAAQS submitted by PA as well as 

the August 29, 2007 Philadelphia area attainment demonstration SIP revision are plans 

which include enforceable emissions limits, controls measures, fees, compliance schedules 

by describing regulations upon which the plans rely.

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 §127, subchapters D and E, ACHD Regulations, Parts H and I to 

Articles XX and XXI and Philadelphia AMS Regulation I.

40 CFR 

52.2020(c)(1), 

52.2020(c)(2), 

52.2020(c)(3) and 

52.2020(d)

§110(a)(2)(G) provide for authority comparable 

to that in section 303 and 

adequate contingency plans to 

implement such authority;

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 the pollutants on the 

health of persons. 25 Pa. Code Chapter 137, Part F to Article XX/XXI and Philadelphia 

AMS Regulation IV are all in the approved SIP.

40 CFR 

52.2020(c)(1), 

52.2020(c)(2), 

52.2020(c)(3) and 

52.2020(d)
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Section 110(a) 

element

Summary of element Provisions in the current Pennsylvania SIP or recent SIP revision submittals Where codified or 

approved by EPA

§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);

25 Pa. Code Chapter 127, Subchapter E, New Source Review, covers the requirements of 

part D for 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, 172(c), and 175A and subpart 2 to Part D. In addition, DEP complies with 

planning procedures under Section 174. EPA approved all SIPs required under the onehour ozone standard, indicating full compliance with requirements for classified areas under 

subpart 2 to Part D; compliance under the eight-hour ozone and PM2.5 standard will be 

evaluated with submitted SIPs for each area. The SIP revisions related to nonattainment 

area will continue to comply with Subpart D requirements, as applicable, and the currently 

approved nonattainment area SIP provisions listed in 40 CFR 52.2020 which could not have 

been approved if they had not met Subpart D requirements. These include:

 the base year inventory and attainment plan for the Philadelphia-WilmingtonAtlantic City area submitted on August 29, 2007; 

 the base year inventory and section 175A maintenance plans submitted during 

calendar years 2006 and 2007 as follows:

Lancaster, approved 7/6/2007 (72 FR 36889); Tioga County, approved 

7/6/2007 (72 FR 36892); Franklin County, approved 7/25/2007 (72 FR 40746); 

Reading, approved 8/24/2007 (72 FR 48559); Johnstown, approved 8/1/2007 

(72 FR 41903); Altoona, approved 8/1/2007 (72 FR 41906); HarrisburgLebanon-Carlisle, approved 7/25/2007 (72 FR 40749); Erie, approved 

10/9/2007 (72 FR 57207); Greene County, submitted 1/25/07; YoungstownWarren-Sharon, approved 10/19/07; Pittsburgh-Beaver Valley, submitted 

5/4/2007; Scranton-Wilkes-Barre, submitted 6/12/2007; State College, 

submitted 6/12/2007; York, submitted 6/14/07; Clearfield-Indiana 6/14/2007; 

Allentown-Bethlehem-Easton, submitted 6/26/2007. 

 and the RACT SIP revisions for the eight-hour ozone standard, submitted 

September 25, 2006 (Philadelphia AMS and Pennsylvania) and 

June 20, 2007 (Allegheny County).

Pennsylvania works extensively with the Ozone Transport Commission established under 

CAA Section 184. See information under (A) and (C) for compliance with Section 173 and 

information under (J) for compliance with transportation conformity established by CAA 

Section 176. 

40 CFR 

52.2020(c)(1), 

52.2020(c)(2), 

52.2020(c)(3), 

52.2020(d) and 

52.2020(e)
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Section 110(a) 

element

Summary of element Provisions in the current Pennsylvania SIP or recent SIP revision submittals Where codified or 

approved by EPA

§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 approved by EPA as part of the SIP.

40 CFR 

52.2020(c)(1), 

52.2020(c)(2), 

52.2020(c)(3).

§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 

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;

PA DEP has submitted the August 29, 2007 SIP revision pertaining to the Philadelphia area 

and has submitted the maintenance plans for the other nonattainment areas during calendar 

years 2006 and 2007. These plans submitted the necessary modeling where required. The 

status of these SIP revisions are below: 

 the base year inventory and attainment plan for the Philadelphia-WilmingtonAtlantic City area submitted on August 29, 2007; 

 the base year inventory and section 175A maintenance plans submitted during 

calendar years 2006 and 2007 are as follows:

Lancaster, approved 7/6/2007 (72 FR 36889); Tioga County, approved 7/6/2007 

(72 FR 36892); Franklin County, approved 7/25/2007 (72 FR 40746); Reading, 

approved 8/24/2007 (72 FR 48559); Johnstown, approved 8/1/2007 (72 FR 

41903); Altoona, approved 8/1/2007 (72 FR 41906); Harrisburg-Lebanon-Carlisle, 

approved 7/25/2007 (72 FR 40749); Erie, approved 10/9/2007 (72 FR 57207); 

Greene County, submitted 1/25/07; Youngstown-Warren-Sharon, approved 

10/19/07; Pittsburgh-Beaver Valley, submitted 5/4/2007; Scranton-Wilkes-Barre, 

submitted 6/12/2007; State College, submitted 6/12/2007; York, submitted 

6/14/07; Clearfield-Indiana 6/14/2007; Allentown-Bethlehem-Easton, submitted 

6/26/2007.
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Section 110(a) 

element

Summary of element Provisions in the current Pennsylvania SIP or recent SIP revision submittals Where codified or 

approved by EPA

§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; 

In addition, 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