## • 

# 1

DEPARTMENT OF ENVIRONMENTAL PROTECTION

SECRETARY

July 15, 2014

Mr. Shawn Garvin Regional Administrator

U.S. Environmental Protection Agency, Region III

1650 Arch Street (Mail Code: 3RAOO) Philadelphia, PA 19103-2029

Dear Mr. Garvin:

Enclosed for your approval is a revision to the Pennsylvania State Implementation Plan (SIP) to

address the requirements of Clean Air Act (CAA) Sections 110(a)(I) and 110(a)(2), which require

each state to develop and submit to the U.S. Environmental Protection Agency (EPA) a plan that provides for the implementation, maintenance, and enforcement of the National Ambient Air Quality Standards (NAAQS), within three years after promulgation of a new or revised primary or secondary NAAQS, commonly referred to as an 'infrastructure SIP.' The enclosed infrastructure

SIP revision addresses the requirements under CAA Sections 110(a)(2)(A), 110(a)(2)(B),

11 O( a)(2)(C), 11 O( a)(2)(D)(i)(II), 11 O( a)(2)(D)(ii), 11 O( a)(2)(E)(i), 11 O( a)(2)(E)(ii),
110(a)(2)(E)(iii), 110(a)(2)(F)(i), 110(a)(2)(F)(ii), 110(a)(2)(F)(iii), 110(a)(2)(G), 110(a)(2)(H),
110(a)(2)(J), 110(a)(2)(K), 110(a)(2)(L), and 110(a)(2)(M) for the 2010 I-Hour Sulfur

Dioxide (S02) NAAQS. The Pennsylvania Department of Environmental Protection (DEP) does

not address CAA Section 11 O( a )(2 ) (I) in these SIP revisions, per the September 20 13 EPA guidance relating to infrastructure SIP revisions. Additionally, DEP is not addressing CAA

Section 110(a)(2)(D)(i)(I), relating to interstate transport, in this SIP revision.

The Commonwealth of Pennsylvania has completed its public participation process for this SIP

revision. DEP opened a public comment period from May 3,2014, to June 6, 2014, and scheduled

three public hearings to occur on June 4, 2014, if requested by the public. No member of the public requested a public hearing or requested to present testimony; DEP, therefore, cancelled the

three hearings, with notice posted on its website. DEP received comments on the proposed SIP
revision; a Comment and Response document was developed and is included with this submission.

The following document is enclosed for your approval:

1. Infrastructure State Implementation Plan Revision Clean Air Act Sections 110(a)(I) and
110(a)(2) Applicable Requirements for the 2010 I-HourS02 National Ambient Air Quality

Standard (NAAQS).

The following documents have been included for your information: 1) "Appendix A: Documents provided for reference purposes only which are not to be approved into the SIP", 2) certification of public participation activities, and 3) the Comment and Response document for comments relating

to the infrastructure SIP revisions for the 2008**8-H~ur** Ozone NAAQS, 2010 I-Hour Nitrogen

Rachel Carson State Office Building I P.O. Box 2063 I Harrisburg, PA 17105-2063

Printed on Recycled Paper www.depweb.state.pa.us 717.787.2814Mr. Shawn Garvin

- 2- July 15, 2014

Dioxide NAAQS, 2010 I-Hour S02 NAAQS and 2012 Annual Fine Particulate Matter NAAQS,

and the SIP Revision for CAA Sections 110(a)(2)(E)(ii) and 128 for all NAAQS. The Comment

and Response document contains comments relating to other NAAQS because multiple

infrastructure SIP revisions and the Section 110(a)(2)(E)(ii) and 128 SIP revision were posted for public comment under the same public notice.

With this letter, DEP is requesting approval of the "Infrastructure State Implementation Plan

Revision Clean Air Act Sections 110(a)(1) and 110(a)(2) Applicable Requirements for the 2010

I-Hour S02 National Ambient Air Quality Standard (NAAQS)", for the elements listed above.

The Commonwealth followed all of the applicable procedural requirements of the

Commonwealth's laws and constitution in conducting and completing the adoption/issuance of the

SIP revision. Paper copies and a disc containing searchable PDF copies of the documents listed

above relating to the infrastructure SIP requirements for the 2010 I-Hour Sulfur Dioxide NAAQS

are enclosed. I certify that the electronic files are exact duplicates of the hard copies.

If you have any questions or need additional information, please contact Joyce E. Epps, Director of

the Bureau of Air Quality, by email atjeepps@pa.gov or by telephone at 717.787.9702.

Sincerely,

E. Christopher Abruzzo Secretary

EnclosuresJuly 2014

Commonwealth of Pennsylvania

FINAL

Infrastructure State Implementation Plan Revision

Clean Air Act Section s 110(a)(1) and 110(a)(2) Applicable Requirements for the

2010 1

- Hour Sulfur Dioxide National Ambient Air Quality Standard

J ULY 2014

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

E. Christopher Abruzzo Tom Corbett Secretary GovernorJuly 2014

ii blank for two sided copyingJuly 2014

iii Table of Contents

State Implementation Plan Revision

................................ ................................ ................................ ................................ ................................ .............. 1

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

2010 S0 2 National Ambient Air Quality Standard ( N AAQS )

................................ ................................ ................................ ......................... 3

§ 110(a)(2)(A)

................................ ................................ ................................ ................................ ................................ ................................ ............ 3

§ 110(a)(2)(B)

................................ ................................ ................................ ................................ ................................ ................................ ............ 4

§ 110(a)(2)(C)

................................ ................................ ................................ ................................ ................................ ................................ ............ 5

§ 110(a)(2)(D)(i) (II)

................................ ................................ ................................ ................................ ................................ ................................ ... 7

§ 110(a)(2)(D)(ii)

................................ ................................ ................................ ................................ ................................ ................................ ....... 8

§ 110(a)(2)(E)(i)

................................ ................................ ................................ ................................ ................................ ................................ ....... 11

§ 110(a)(2)(E)(ii) and 128

................................ ................................ ................................ ................................ ................................ ........................ 14

§ 110(a)(2)(E)(iii)

................................ ................................ ................................ ................................ ................................ ................................ .... 16

§ 110(a)(2)(F)(i) and(ii)

................................ ................................ ................................ ................................ ................................ ........................... 16

§ 110(a)(2)(F)(iii)

................................ ................................ ................................ ................................ ................................ ................................ ..... 17

§ 110(a)(2)(G)

................................ ................................ ................................ ................................ ................................ ................................ .......... 19

§ 110(a)(2)(H)

................................ ................................ ................................ ................................ ................................ ................................ .......... 19

§ 110(a)(2)(J)

................................ ................................ ................................ ................................ ................................ ................................ ........... 21

§ 110(a)(2)(K)

................................ ................................ ................................ ................................ ................................ ................................ .......... 22

§ 110(a)(2)(L)

................................ ................................ ................................ ................................ ................................ ................................ .......... 23

§ 110(a)(2)(M)

................................ ................................ ................................ ................................ ................................ ................................ ......... 24

Appendix A: Documents provided for reference purposes only which are not to be approved into the SIP.July 2014

1 Commonwealth of Pennsylvania Infrastructure State Implementation Plan Revision Clean Air Act Section s 110(a)(1) and 110(a)(2) Applicable Requirements for the 2010 1

- hour Sulfur Dioxide National Ambient Air Quality Standard

Background

On June 2, 2010, the U.S. Environmental Protection Agency (EPA) promulgated a new 1

- hour sulfur dioxide ( SO 2 ) national ambient air quality standard (NAAQS). EPA established a 1

- hour SO 2 standard at a level of 75 parts per billion (ppb), based on the 3

- year average of the annual 99th percentile of 1

- hour daily maximum concentrations. The EPA also revoked both the existing 24

- hour and annual primary SO 2 standards

. (75 FR 35520 ; June 22, 2010). 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 pub lic 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 “ i nfrastructure SIP,” describes basic element s designed to assure attainment and maintenance of the 2010 SO 2 NAAQS including: ambient air quality monitoring, emission inventories, enforcement of control measures, modeling, monitoring, nonattainment new source review, prevention of significant deterio ration and stationary source monitoring. States are required to submit these i nfrastructure SIP revisions to EPA within three years from the date a new or revised NAAQS is signed by the EPA Administrator.

Section s 110(a)(1) and 11 0(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 i nfrastructure SIP revision fulfills the requirements of S ections 110(a)(1) and 110(a)(2) set forth herein for the 2010

SO 2 NAAQS

. Once approved by EPA, the SIP revision will provide a federally enforceable plan of how the Commonwealth of Pennsylvania (Commonwealth) will comply with the applicable requirements of S ections 110(a)(1) and 110(a)(2) of the CAA set forth herein for the 20 10

SO 2 NAAQS.

Statutory 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 S ection 4 of the APCA, which gives the Pennsylvania Department of Environmental Protection ( DEP ) the power and duty to implement the provisions of the CAA in the Commonwealth. 35 P.S. § 4004(1).

Pursuant to Section s 110(a)(1) and 110(a)(2) of the CAA, the Commonwealth has reviewed a pplicable provisions in the Pennsylvania APCA

, the implementing regulations in the Pennsylvania Code

, local ordinances and regulations in Philadelphia and Allegheny Counties

, and the State Implementation Plan f ound at 40 CFR P art 52 Subpart NN.July 2014

2

Based on t he applicable statutory and regulatory authority

, Pennsylvania’s SIP provides for the implementation, maintenance

, and

enforcement of the applicable elements set forth in Section s 110(a)(1) and 110(a)(2) of the CAA

, pertinent to the implementation of the 2010

SO 2 NAAQS

.

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

was provided from May 3, 2014, to June 6, 2014 , with an opportunity for a public hearing.July 2014

3

Table 1

. Pennsylvania ’s Statutory and Regulatory Pro visions Which Address the Clean Air Act Section 110(a)(2)

Requirements for the 20 10 SO 2 National Ambient Air Quality Standard ( NAAQS )

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(A) 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 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 APCA

, ( 35 P.S. §§ 4001

- 4015), and implementing regulations in Title

25 of the Pennsylvania Code ( Pa. Code )

, Article III

, (relating to air resources) , Chapters

121

- 145 (25 Pa. Code Chapters 121

- 145 ) ; 67 Pa. Code Chapters 175

- 177 (codified in 40 CFR § 52.2020(c)(1 ) ); Allegheny County Health Department (ACHD) Regulations, Parts A through I to Articles XX and XXI (codified in 40 CFR § 52.2020(c)(2 ) ); Philadelphia Title 3 Air Management Code and Philadelphia Air Management Services ( Philadelphia AMS ) Regulations I, II, II I, IV, V, VII, VIII, XI, and XIII (codified in 40 CFR § 52.2020(c)(3 ) ); and source specific provisions codified in 40 CFR § 52.2020(d)(1) and (2). Philadelphia and Allegheny Counties both administer local air pollution control programs approved by

DEP.

The Article III regulations in the Pennsylvania Code are duly adopted by the Pennsylvania Environmental Quality Board (EQB) and implemented and enforced by DEP . Where these provisions relate to requirements of S ection 110 of the CAA , SIP revisions have be en submitted to and approved by EPA. EPA

- approved SIP revisions for Pennsylvania are codified in 40 CFR P art 52, S ubpart NN. The Commonwealth has an EPA

- approved air quality permitting program for plan approval ( pre

- construction and con s truction permits )

and operating permits ( for both major and minor facilities )

, which ensures that all applicable requirements are included in the federally enforceable plan approvals and operating permit s

. DEP also implements and enforces a federally enforceable general plan approval and general operating permit program.

The regulatory provisions are a pproved by EPA and c odified in 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.July 2014

4

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(B) 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 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; The Commonwealth’s a mbient air quality monitoring data system is authorized under

Section 4(17 ) of the APCA, 35 P.S. § 4004 (17)

. DEP is authorized under Section 4(17) to “determine by means of field studies and sampling the degree of air pollution existing in any part of the Commonwealth.” DEP establish es, operates, and maintains a network of ambient air monitors throughout Pennsylvania, excluding Philadelphia and Allegheny

C ounties . Philadelphia AMS operates its monitoring network as a Pennsylvania approved program under Section 12 of APCA, 35 P.S. § 40 12, and the terms of the “Agreement for Implementation of the Philadelphia County Air Pollution Control Program,” dated October

2010

. The 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 3 0 , 1998. These agreements address data collection, data access and reporting in Philadelphia and Allegheny

Counties

. A copy of the APCA and a copy of the agreements with ACHD and Philadelphia

AMS are provided in Appendix A.

The SO 2 monitors in the Pennsylvania ambient monitoring network ( DEP and local agencies) have been designated by EPA as either Reference or Equivalent monitors under

40 CFR Part 53 . 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 40 CFR Part 58, Appendix E.

A n annual network design plan is required by 40 CFR § 58.10 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 submits an annual network design plan to the EPA, for 65 counties in Pennsylvania

. ACHD, in Allegheny County, and Philadelphia AMS

, in Philadelphia County

, submit annual network design plans for their respective counties. DEP provides a 30

- day public comment period for the annual network design plan submitted by DEP

. ACHD and Philadel phia AMS both make the annual network design plans available for public inspection, as required under 40July 2014

5

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(B) (continued) CFR § 58.10(a)(1) , and provide a 30

- day comment period

. If ACHD or Philadelphia AMS are unable to provide t he 30

- day public comment period for the net work design plans , a comment period would be provided by the EPA pursuant to 40 CFR § 58.10(a)(2). In addition, as required under 40 CFR § 58.14, DEP and the local air agencies provide EPA Region III with prior notification of any changes to the network between formal network design submissions. As needed, details of these changes are communicated to and approved by EPA. C op ies of the most recent EPA letter s approving the monitoring network s for DEP, ACHD and Philadelphia AMS are provided in Appendix A.

In accordance with 40 CFR Part 58, DEP and the local air pollution control agencies in Philadelphia and Allegheny Counties collect and report to EPA all ambient air quality data

for sulfur dioxide

, carbon monoxide

, ozone
, nitrogen dioxide

, course particulate matter , and fine particulate matter . 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 A ir Q uality S ystem (AQS) for updating

, pursuant to prescribed AQS procedures (40

CFR § 58 .16 ) . The EPA AQS receives each report within 90 days after the end of the quarterly repo rting period.

DEP analyzes such air quality data (including data from the local agencies) to verify attainment status or progress.

§ 110(a)(2)(C) 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 include a program to provide for the enforcement of Sections 4 and 8 of the APCA, 35 P.S. §§ 4004 and 4008, provide adequate authority for

DEP to enforce appropriate emission limitations and other control measures for all NAAQS

. Section 6.1(k) of the APCA, 35 P.S. § 4006.1(k), provides that DEP shall requ ire revisions to any permit to incorporate applicable standards and regulations promulgated under the

CAA after issuance of a Title V permit.

The Commonwealth has an EPA

- approved air permitting program for the preconstruction, construction and operation o f both major and minor facilities, which ensures that all applicable requirements are included in federally enforceable plan approvals, operating permit s and general plan approvals and general operating permits

. These regulatoryJuly 2014

6

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(C) (continued) 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 subcha

p ter. provisions are appro ved by EPA and c odified in 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

.

DEP adopted the requirements promulgated by the EPA under the CAA for a Prevention of Significant Deterioration (PSD) of Air Quality Program. These requirements were adopted to make the PSD requirements independently enforceable by DEP and to implement Title I, Part C of the CAA. The PSD Program is also part of the SIP and is codified in 40 CFR § 52.2020(c)(1). EPA approved a SIP revision pertaining to t he PSD Program in Allegheny County, as submitted by ACHD, on February 28, 2013 (78 FR 13493) . EPA stated in the Federal Register notice that the SIP revision for PSD i n Allegheny County meets the statutory obligations with respect to infrastructure SIP requirements. EPA approved a SIP revision pertaining to the PSD Program in Philadelphia County, as submitted by Philadelphia AMS, on March 28, 20 0 3 (68 FR 15060). EPA s tated in the Federal Register notice that the SIP revision including Philadelphia AMS Regulation XIII meets the minimum requirements of 40 CFR Part 51 with regard to PSD programs.

Section 9.1 of the APCA, 35 P.S. § 4009.1, provides that DEP may assess civil penalties for violations of the APCA, violations of regulations adopted under the APCA, violations of

DEP orders or terms, and violations of 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 limitation s and other control measures are covered in those provisions of the APCA and implementing regulations in 25 Pa. Code

Ch apter s 121

- 145; 67 Pa. Code Chapters 175

- 177

, codified in 40 CFR § 52.2020(c)(1); ACHD Regulations, Parts A through I to Articles XX and XXI

, codified 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

, codified in 40 CFR § 52.2020(c)(3); and source specific provisions codified in 40 CFR § 52.2020(d )(1).July 2014

7

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(C) (continued) Elements of the program for enforcement are found in the monitoring, recordkeeping and reporting requirements for sources in these control measures

, as well as the following: those provisions of 25 Pa. Code Chapter 127, S ubchapters D and E codified in 40 CFR § 52.2020(c)(1); those provisions of ACHD Regulations, Parts H and I to Articles XX and

XXI codified in 40 CFR § 52.2020(c)(2); and those provisions of the Philadelphia Title 3 Air Management Code and Philadelphia AMS Regulation I codifi ed in 40 CFR § 52.2020(c)(3).
§ 110(a)(2)(D) (i) (II) 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 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

... interfere

with measures required to be

included in the applicable implementation plan for any other state PSD: See Section 110(a)(2) (C) discussion above and Section 110(a)(2) (D)(ii) discussion

below for reference to PSD and NSR rules.

Visibility: Pennsylvania submitted its Regional Haze SIP revision under CAA Section 169 in December 2010 to address visibility related pollutants

. EPA iss ued a limited disapproval

and limited approval of Pennsylvania’s Regional Haze SIP revision on June 7, 2012

, and April 30, 2014 , respectively

. ( 77 FR 3364 2 and 79 FR 24340 )

. The limited disapproval resulted from Pennsylvania’s reliance on the Clean Air Interstate Rule (CAIR) to address regional emission transport. The limited disapproval included a Regional Haze Federal Implementation Plan (FIP) for Pennsylvania, which replac ed reliance on CAIR with

reliance on the Cross

- State Air Pollution Rule ( CSAPR )

. The U.S. Court of Appeals

vacated CSAPR in August 2012 and ordered EPA to continue administering CAIR

. EME Homer City Generation L.P. v EPA, 696 F.3d 7 (D.C. Cir. 2012), cer t. granted 133 S.Ct. 2857 (2013). The Supreme Court of the United States on April 29, 2014 reversed the Court of Appeals’ judgment and remanded the case for further proceedings. Environmental Protection Agency v. EME Homer City Generation, L.P., 134 S. C t. 1584 (2014).

Pennsylvania does not have a Class I area. The closest Class I area s 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 border s with Pennsylvania

. Pennsylvania’s Regional Haze SIP, along with Pennsylvania’s SIP provisions to implement
CAIR, adequately prevent sources in Pennsylvania from interfering with measures adopted by other states to protect visibility.July 2014

8

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(D)(i) (II) (continued) under part C of this

subchapter to prevent significant deterioration of air quality to protect visibility

.

§ 110(a)(2)(D)(ii) 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 c ontain adequate provisions insuring compliance with the applicable requirements of

sections 115 and 126(b) (relating to

interstate and international pollution abatement). Major stationary sources for SO 2 are currently subject to PSD and nonattainment new source review ( NNSR ) permitting programs

, as described in this SIP revision for § 110(a)(2)(C) and (J). DEP implements and enforces the PSD and NNSR in all areas of the Commonwealth, except Philadelphia and Allegheny C ounties ; those counties administer

and enforce approved local air pollution control programs under Section 12 of the APCA

.

NNSR and PSD provis ions are codified in Pennsylvania’s SIP at 40 CFR § § 52.2020(c)(1), 52.2020(c)(2), 52.2020(c)(3), 52.2020(d), 52.2058(a) and 52.2061

.

Section 110(a)(2)(D)(ii) of the CAA provides that each SIP shall “insure compliance” with the applicable requirements of S ections 126 and 115 of the CAA relating to interstate and international pollution abatement.

Pursuant to Section 126 of the CAA, on November 7, 2011, EPA promulgated SO 2 emission limitations and reporting requirements for the coal

- fired boilers (Units 1 and 2) at the Portland Generating Station located in Northampton County, Pennsylvania (Portland Facility) after EPA made a finding tha t the coal

- fired units at the Portland Facility significantly contri bute to nonattainment for the 1

- hour SO 2 NAAQS in New Jersey. See 76 FR 69052 ( relating to f

inal r esponse to p etition f rom New Jersey r egarding SO 2 e missions

f rom the Portland Generating Station). The federally enforceable SO 2 emission limitations and reporting requirements for the coal

- fired boilers (Units 1 and 2) at the Portland Facility

are established in 40 CFR § 52.2039.July 2014

9

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(D)(ii) (continued) The limits and requirements in 40 CFR § 52.2039, are “applicable requirements” as defined

in 25 Pa. Code § 121.1 (which is included in the federally enforceable Pennsylvania SIP) because they have been promulgated or approved by the EPA under the CAA or the regulations adopted under the CAA thro ugh rulemaking. As applicable requirements, they must therefore be included in a Title V operating permit pursuant to 25 Pa. Code § 127.502. However a revision will not be required if, among other things, less than three years remain in the permit term. 25 Pa. Code § 127.463(c). In the case of the Portland Facility, whose Title V permit expired on January 31, 2005, the terms and conditions of that permit are automatically continued pending issuance of the new permit. 25 Pa. Code § 127.446(c). Regardle ss of whether a revision is required under Section 127.463, the permittee of the Portland Facility is required to meet the applicable standards in 40 CFR § 52.2039, within the timeframe required by those standards. 25 Pa. Code § 127.463(e).

Pennsylvania’s Title V permit program (25 Pa. Code §§ 127.501

- 127.543) is an approved Title V permit program. 1 DEP has authority to enforce compliance with the terms of any Title V operating permit through 25 Pa. Code § 127.513. Each Title V permit must contain provisions to, among other things, allow DEP to sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements authorized by the CA A. 25 Pa. Code § 127.513(2)(iv).

Therefore, DEP contends that the Pennsylvania SIP contains provisions in

25 Pa. Code §§ 121.1 and 127.463 (in addition to its federally approved Title V operating permit program) which insure compliance with the emissio n limits and reporting requirements EPA established for the Portland Facility because the limits and requirements are applicable requirements, subject to inclusion in the Portland Facility’s Title V permit, and directly enforceable by DEP through the feder ally approved SIP provision at

25 Pa. Code 127.463.

1 EPA promulgated final approval of the Pennsylvania Title V program on August 29, 1996. See 40 C.F.R. Part 70, Appendix A. See also 61 FR 39597, (July 30, 1996). Pennsylvania’s Title V program became effective on November 26, 1994. 24 Pa.B. 5899.July 2014

10

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(D)(ii) (continued) DEP is not intending through this SIP submission to incorporate by reference the Portland Facility’s SO 2 emission limits in 40 CFR § 52.2039 into the Pennsylvania SIP. DEP however has duly explained herein how the Pennsylvania SIP and its federally approved Title V program already “insure compliance” with these limits established pursuant to

Section 126 of the CAA.July 2014

11

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(E)(i) 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 provide

necessary assurances that the state (or, except where the

Administrator deems inappropriate, th e 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 carr

y out such implementation plan (and is not prohibited by any provision of federal or state law State Agency Legal Authority: The Commonwealth’s enforceable emission limitations

and other control measures are authorized by the following: the APCA and applicable implementing provisions in 25 Pa. Code Ch apter s 121

- 145 ; 67 Pa. Code Chapters 175

- 177

codified in 40 CFR § 52.2020(c)(1) ; provisions of ACHD Regulations, Parts A through I to

Articles XX and XXI codified in 40 CFR § 52.2020(c)(2); provisions of Philadelphia Title 3 Air Management Code and Philadelphia AMS Regulations I, II, III, IV, V, VII, VIII, XI,

and XIII codified in 40 CFR § 52.2020(c)(3); and source specific provisions codified in 40

CFR § 52.2020(d)(1). The regulations in the Pennsylvania Code are adopted by the EQB and promulgated under the Commonwealth Documents Law

. Section 12 of the APCA reserves powers to political subdivisions to enact air pollution control ordinances, which are not less stringent than the requirements of the CAA, the APCA, and regulations adopted

under the acts. Section 12 of the APCA authorizes only two local air pollution control programs in the Commonwealth, which are administered by Philadelphia AMS and ACHD. See ‘Local Agency Legal Authority’ for further information about the Philadelphia AMS and ACHD programs.

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 ; these are Philadelphia and Allegheny Counties . 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 adopte d under the

a cts

. The ACHD local air pollution control program is authorized under County Ordinance 16782 and implementing regulations in Article XXI

. Regulations in Allegheny County are adopted by the Allegheny County Board of Health, enacted by Alleghe ny County Council, and approved by the Allegheny County Chief Executive. The enabling a uthority for Philadelphia AMS is provided by Title 3, Air Management Code

. Ordinances that make up the Philadelphia Code in Philadelphia County are passed by the Phila delphia City Council and approved by the Mayor of Philadelphia. Title 3 of the Philadelphia Code authorizes the City’s Air Pollution Control Board to promulgate Air Management Regulations; Title 3 of the Philadelphia Code and the Air Management Regulation s are enforced by PhiladelphiaJuly 2014

12

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(E)(i) (continued) from carrying out such

implementation plan or portion thereof)

. AMS. 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 P art 52, S ubpart NN.

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 S ection 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 Station ary 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 regu lated 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 the APCA and not covered by fees required by S ection 502(b) of the

CAA.

The implementing air qua lity 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. Pennsylvania’s air quality program also receiv es revenue from fines and civil penalties.

Section 9.2 of the APCA 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 DEP for use in the elimination of air pollution. S ection 9.2 of the APCA further provides that DEP may establish such separate

accounts

, as may be necessary

, to implement the requirements of the APCA and the CAA.

The fee s are deposited into restricted accounts in the CAF and are used as prescribed in the statutes and implementing regulations. DEP prepares Comparative Financial Statements for

each account in the CAF

, and projects the expenditures out five years to assure the stabilityJuly 2014

13

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(E)(i) (continued) of the fund. CAF Spending Plans are developed and approved for two fiscal years. DEP

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 have their own authority to collect Title V and other fees, receive Section 105 and 103 funds directly from EPA, and also receive revenue from fines and penalties

, that are restricted for air quality program purposes.

S tate Staffing: DEP has adequate personnel to implement the SIP with respect to the 20 10

SO 2 NAAQS requirements. Should EPA determine that 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 ( see § 110(a)(2)(B) element, above ) assure that the two

DEP

- approved local agencies similarly have the necessary personnel, funding and authority to carry out their respecti ve obligations under the SIP.July 2014

14

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(E)(ii)

and § 128 Section

110(a)(2)(E)(ii) provides that e ach implementation plan submitted by a State

under this Act shall be adopted by the State after reasonable notice and public hearing. Each plan

shall p rovide requirements that the state comply with the requirements respecting state

boards under section 128, ...

Section 128 provides

that (a) ... each applicable implementation plan

shall con tain requirements that

– (1) any board or body which approves permits or enforcement orders under this chapter

shall have at least a majority of members A SIP revision addressing the requ irements of CAA §§ 110(a)(2)(E)(ii) and 128 is being submitted to EPA for approval and inclusion into the Pennsylvania SIP. Once approved by EPA, the Pennsylvania SIP will address the requirements of CAA §§ 11 0(a)(2)(E)(ii) and

128 for the 2010 SO 2 NAAQS.July 2014

15

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(E)(ii) and §128 (continued) who represent the

public interest and do not derive any significant portion of their income from

person s subject to permits or enforcement orders under this chapter, and (2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately

disclosed.July 2014

16

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(E)(iii) 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 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 reserve s powers to political subdivisions to enact air pollution control ordinances, which are not less stringent than the requirements of the CAA , the APCA, and regulations adopted under the a cts . The APCA authorizes only two local air pollution control programs in the Commonwealth, which are administered by Philadelphia

AMS and ACHD. DEP maintains agreements with the se two local air agencies

, upon whom DEP relies for implementation of the SIP in Allegheny and Philadelphia C ounties

. DEP has approved the local pr ograms 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. DEP has responsibility for ensuring adequate implementation of SIP provisions by local authorities under S ection 12 of the APCA, 35 P.S. § 4012. The submission to DEP of a description of the implementation of the local air pollution control program

, along wi th a detailed accounting of the costs of implementation

, is required on an annual basis. Section 12(e) of the APCA authorizes DEP,

under certain conditions, to refuse approval, or to suspend or rescind approval

, of county air pollution control agencies ’ a ir pollution control programs, in which case

, authority for the delegated responsibilities would revert to DEP.

Copies of the current agreements to implement air pollution control programs for both Philadelphia and Allegheny Counties are included in Appendix A.

§ 110(a)(2)(F)(i) and(ii) 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 require, as may be prescribed by

the Administrator: (i) the installation, 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 sampli ng and testing). Requirements in 25 Pa. Code § 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 S ection 135.3 . In addition, 25 Pa. Code § 135.21 requires the submission of

emission statements

, as required by the CAA. Area, mobile, and nonroad data are reported

to EPA on a 3

- year cycle, consistent with 40 CFR Part 51. In accordance with

25 Pa. Code §§ 127.12b(c) and 127.441(c), plan approvals and operating permits (including Title V Operating Permits) issued by DEP incorporate the monitoring, recordkeeping and reporting provisions required by 25 Pa. Code Chapter 139 (relating to sampling and testing)

an d other monitoring, recordkeeping or reporting requirements of Article III and additionalJuly 2014

17

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(F)(i) and(ii) (continued) 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, requirements related to monitoring, recordkeeping and reporting required by the Clean Air

Act and the regulations thereunder, including, if applicable, the enhanced m onitoring requirements of 40 CFR Part 64 (relating to enhanced monitoring). These provisions, which assure compliance with applicable requirements including the Compliance Assurance Monitoring (CAM) requirements of 40 CFR Part 64 were approved by EPA as r evisions to the Commonwealth’s SIP on July 30, 1996. See 40 CFR § 52.2020 (c)(110)(i)(C).

The Pennsylvania SIP , applicable laws and regulations do not contain any provisions that prevent the use of any credible evidence (including continuous emissions mon itoring data) to establish violations of applicable requirements.

The Commonwealth’s enforceable emission limitations and other control measures are authorized by and contained in the following: the APCA provisions of 25 Pa. Code Chapters 121

- 145 codified in 40 CFR § 52.2020(c)(1) ; 67 Pa. Code Chapters 175

- 177

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

and XXI

, codified 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 codified in

40 CFR § 52.2020(c)(3 ) ; and source specific provisions codified in 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 P a. Code Chapter 127, S ubchapters D and E ; ACHD Regulations, Parts H and I to

Articles XX and XXI ; and Philadelphia AMS Regulation I.

These regulatory provisions are approved by EPA and c odified in the SIP at

40 CFR § § 52.2020(c)(1), 52.2020(c)(2), 52.2020(c)(3) and 52.2020(d)

. § 110(a)(2)(F)(iii) Each implementation

plan submitted by a

State under this Act shall be adopted by the State after

reasonable notice and Regulatory requirements for reporting and r ecordkeeping by owners or operators of stationary sources have been codified in 25 Pa. Code Chapter 135 (relating to reporting of sources) and r egulatory requirements for sampling, testing and monitoring by owners or operators of stationary sources have be en codified in 25 Pa. Code Chapter 139 (pertaining to sampling and testing). Requirements of 25 Pa. Code Chapter 13 5 and 25 Pa. Code Chapter 13 9 are codified in 49 CFR § 52.2020(c)(1). DEP correlates emissions reports byJuly 2014

18

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(F)(iii) (continued) public hearing. Each

plan shall 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. sources with applicable emissions limitations or standards through periodic inspections and

record reviews of the sources. The Commonwealth is responsible for making all records, reports or information obtained by DEP

, or referred to at public hearings un der 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 S ection 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 emis sions data to which DEP has access is

not considered confidential information. DEP 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. DEP does not submit an annual stationary source inventory

to EPA based on SO 2 emissions. DEP does, however, include reporting requirements for

SO 2 in permits issued to stationary sources in the Commonwealth. Stationary facilities are required to submit an Annual Emis sion Statement (AES); nitrogen oxides (NO X ), sulfur oxides (SO X ), volatile organic compounds (VOC), course particulate matter (PM 10 ), fine particulate matter (PM 2.5 ), ammonia (NH 3 ) and carbon monoxide (CO) emissions of 1.0 ton per year or more per sub facility must be reported on a sub facility by sub facility basis. DEP supplies facilities with reporting instructions in the document “Instructions for Completing the Annual Emission Statement Reporting Forms

– rev 11/2007” (DEP

Document #2700

- BK

- DEP1936 ). All emissions reported on the AES are entered into DEP’s computer system: Air Information Management System / environment, Facility, Application, Compliance Tracking System (AIMS/eFACTS). The public can search the eFACTS system online at the website h ttp://www.ahs.dep.pa.gov/eFACTSWeb/default.aspx to find facility specific reports or reports of all facilities emitting a specific pollutant. The public can request copies of permits or other non

- confidential information by contacting DEP directly. Addit ionally, AIMS/eFACTS data is provided to the federal National Emission Inventory (NEI) database and to other state agencies and the public upon request.July 2014

19

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

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

to that in section 303 and adequate contingency plans to implement such authority. Emergency Powers : Pennsylvania has ad equate general emergency powers to address SO 2 related air pollution episodes, as appropriate and necessary. Enabling authority for “Emergency Powers” is contained in Sections 4, 5 (a) (5) and 6.2 of the APCA (35 P.S. §§ 4004, 4005 (a) (5) and 4006.2). Criteria f or Emergency Episodes and related plans are

found in 25 P a. Code Chapter 137 which are codified at 40 CFR P art 52 Subpart NN.

The ACHD has adopted Part F to Article XXI and Philadelphia AMS has adopted Regulation IV, both of which cover air pollution episodes and the occurrence of an emergency due to the effects of pollutants on public health.

The state and local requirements included in 25 Pa. Code Chapter 137, ACHD’s Part F to

Article XXI

, and Philadelphia AMS Regulation IV are codified in Pennsylvania’s SIP at 40 CFR § 52.2020(c).

§ 110(a)(2)(H) 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 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 Section 4(1) of the APCA, 35 P.S. § 4004(1), empowers DEP to implement the p rovisions

of the CAA. Section 5 of the APCA, 35 P.S. § 4005, authorizes the EQB 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 NAA QS by reference.

The effective date for a new or revised NAAQS is the same in Pennsylvania as the effective

date set forth in the Federal Register

. DEP 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 th at any part of the Pennsylvania SIP is substantially inadequate to attain the NAAQS which it implements

, or otherwise to comply with the CAA. DEP has revised

, and will continue to revise

, the SIP to take advantage of improved or more expeditious methods to attain the NAAQS.

The regulatory requirements are approved by EPA in Pennsylvania’s SIP and c odified in

40 CFR Part 52 Subpart NN.July 2014

20

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(H) (continued) 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).July 2014

21

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(J) 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 meet the applicable requirements of section 121 of this title (relating to

con sultation), 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 general enabling authority for interaction with the public and local
government. Section 4

, 35 P.S. § 4004, provides adequate authority for DEP’s public participation process for the review of proposed SIP revision s, as required under CAA

Sectio n 121

, and notification of NAAQS violations

, as required in CAA Section 127. T he

APCA also provides authority for the public education efforts described in CAA Section

127. Section 4 of the APCA provides general enabling authority for interaction with th e public and local government. See § 110(a)(2)(M) discussion below related to consultation and public notification.

.

DEP uses its Web site to fulfill the requirement for public notification under CAA Section

127. DEP makes real

- time SO 2 monitoring data available at http://www.ahs2.dep.state.pa.us/aq_apps/aadata/

. ACHD makes SO 2 monitoring data available to the public on its Web site at http://www.achd.net/air/monitor

- data.html

. Philadelphia AMS makes SO 2 monitoring data available on its Web site at http://www.phila.gov/aqi/realtime.aspx

.

The federal PSD provisions in 40 CFR Part 52 under S ection 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 2010 SO 2 NAAQS, the provisions will automatically be adopted and incorporated in the Pennsylvania

Code. DEP submitted an ACHD SIP revision for PSD, which was approved by EPA on February 28, 2013 (78 FR 13493) and a Philadelphia AMS SIP Revision for PSD, which was approved by EPA on March 28, 2003 (68 FR 15060). Both SIP revisions are codified

in 40 CFR Part 52 Subpart NN

.

This SIP revision does not address requirements under the CAA Section 110(a)(2)( J )

, relating to the visibility sub

- element . EPA has stated , in guidance issued September 2013, that air agencies do not need to address the visibility sub

- element of Section 110(a)(2)(J) in this infrastructure SIP submission, be cause t here are no new applicable visibility protection obligations under S ection 110(a)(2)(J) as a result of the 2010 SO 2 NAAQS.July 2014

22

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(J) (continued) The regulatory provisions are approved by EPA and codified at 40 CFR § § 52.2020(c)(1), 52.2020(c)(2), and 52.2020(c)(3).

§ 110(a)(2)(K) 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 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 Air Quality Modeling : Section 4(1) of the APCA obligates DEP 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 the CAA.

Section 4(15) of the APCA provides that DEP has the power and dut y 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 reduction of air pollution and air contamination. 35 P.S. § 4004(15). This enabling legislation empowers

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. Additionally, DEP has incorporated by reference, in its entir ety, 40 CFR § 52.2058 (relating to prevention of significant air quality deterioration) in 25 Pa. Code § § 127.81

- 83, which applies statewide except for Allegheny and Philadelphia Counties. The adoption of the federal PSD program authorizes DEP to require any modeling required by the federal PSD program.

ACHD administers a PSD program in Allegheny County , which was approved by EPA as a SIP revision on February 28, 2013 (78 FR 13493) and Philadelphia AMS administers a PSD

program , which was approved by EPA as a SIP revision on March 28, 2003 (68 FR 15060).

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.July 2014

23

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(K) (continued) data related to such air quality modeling to the Administrator;

§ 110(a)(2)(L) 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 require the owner or operator of each major stationary source to pay to the permitting authority,

as a c ondition 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 (ii) if the owner or operator receives a permit for such source, the reasonable 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, Subchapter s F and G, was approved by EPA on July 30, 1996 (61 FR 39597). While permit fees are standardized for the entire Commonwealth, collection of fees and Title V permitting activities are shared by DEP, ACHD and Philadelphia AMS. ACHD and Philadelphia AMS collec t Title V fees within their respective jurisdictions, and use the fees to fund the Title V permitting program for each agency. DEP collects permit fees and administers the Title V permitting program for the rest of the state. DEP is also authorized by 25 Pa. Code § 127.706 to transfer additional funds to the local agencies, if needed, to operate the Title V permitting program. Permitting fees cover reasonable costs of reviewing and acting upon permit applications and reasonable costs of implementing and enforcing permit term s.

C odified in 40 CFR § 52.2020(c)(1) and 40 CFR Part 70, Appendix A

– Approval Status of State and Local Operating Permits Programs ( 61 FR 39597, July 30, 1996 ).July 2014

24

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(L) (Continued) 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

Administrato r's approval of a fee program under subchapter (Title) V of this chapter.
§ 110(a)(2)(M) 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 p rovide 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 EQB

, or DEP

, acting on behalf of the EQB, 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

. Section 7 also requires n otice to the public

, published in newspapers of general circulation

, of the

time and place of any public hearing at least thirty days prior to the scheduled date of the hearing. Section 7.5 of the APCA (relating to public review of state implementation plans),

35 P.S. § 4007.5 requires notice of a proposed SIP to be published in the Pennsylvania

Bulletin and in newspapers of general circulation for the area affected by the proposed SIP. Pennsylvania does not have any laws and DEP does not have any regulations, applicable to DEP’s Bureau of Air Quality, that specifically require direc t consultation and participation by local political subdivisions affected by a SIP. Local political subdivisions affected by a SIP are provided with the same opportunity as all other members of the public to reviewJuly 2014

25

Clean Air Act

Section SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(M) (continued) and comment on a SIP during the public c omment period. Also see § 110(a)(2)(J) discussion above related to consultation and public notification.