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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: June 18, 2013

SUBJECT: Technical Support Document (TSD) for the Commonwealth of Pennsylvania 

Implementation Plan for Section 110(a)(2) Infrastructure Requirements for the 2008 Lead (Pb) 

National Ambient Air Quality Standards

 /s/

FROM: Ruth Knapp, Environmental Protection Specialist

 Office of Air Program Planning 

TO: File

 /s/ 

THRU: Cristina Fernandez, 

Associate Director, Office of Air Program Planning 

A. INTRODUCTION

The Environmental Protection Agency (EPA) is taking action on the Commonwealth of 

Pennsylvania (Commonwealth)1State Implementation Plan (SIP) revision submitted by the 

Pennsylvania Department of Environmental Protection (PADEP) to meet the Clean Air Act 

(CAA) section 110(a)(2) requirements for the revised 2008 Lead National Ambient Air Quality

Standards (NAAQS).

B. BACKGROUND

2008 Lead NAAQS

On October 15, 2008, EPA revised the primary and secondary lead NAAQS from 1.5 

micrograms per cubic meter (μg/m3) to 0.15 μg/m3. Section 110(a) of the CAA requires states to 

submit SIPs that provide for the implementation, maintenance, and enforcement of new or 

revised NAAQS within three years following the promulgation of such NAAQS. Section 110(a) 

of the CAA imposes the obligation upon states to make a SIP submission to EPA for a new or 

revised NAAQS. For the 2008 lead NAAQS, states typically have met many of the basic 

program elements required in section 110(a)(2) of the CAA through earlier SIP submissions in 

connection with previous lead standards. Section 110(a)(2) of the CAA lists specific elements 

that states must meet or continue to meet in these SIP submissions. The requirements include 

SIP infrastructure elements such as requirements for modeling, monitoring, and emissions 

inventories that are designed to assure attainment and maintenance of the NAAQS. Section 

 

1 When using the term “Commonwealth” or “Pennsylvania” in this document, these terms refer to the entire state 

except as specifically noted. 
2

110(a)(2) of the CAA infrastructure elements (A) through (M) are listed in EPA’s memorandum 

from Stephen D. Page, Director, Office of Air Quality Planning and Standards to the Regional 

Air Division Directors, Regions 1-10, “Guidance on Infrastructure State Implementation Plan 

(SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) 

National Ambient Air Quality Standards (NAAQS),” October 14, 2011, (hereafter referred to as 

“Lead Infrastructure Guidance”).

C. EPA REQUIREMENTS

As discussed above, for the 2008 lead NAAQS, states must provide SIP submissions, or provide 

certification that the existing SIP contains provisions addressing relevant infrastructure SIP 

elements from sections 110(a)(2)(A) through (M) of the CAA. To help states meet this statutory

requirement, EPA issued the Lead Infrastructure Guidance, which listed the basic elements that 

states must include in their SIPs. 

 

D. STATE’S SUBMITTAL

To satisfy the requirements of section 110(a)(1) and (2) of the CAA for the 2008 lead NAAQS,

PADEP submitted a SIP revision in accordance with the October 11, 2011 guidance. To satisfy

the requirements of section 110(a)(1) and (2), PADEP submitted the lead infrastructure SIP 

revision on September 24, 2012 which was received on September 27, 2012. EPA is acting on 

all elements except 110(a)(2)(I), and portions of elements that pertain to Part D nonattainment 

area requirements and portions of 110(a)(2)(E).

E. EVALUATION OF STATE SUBMITTAL

1. Section 110(a)(2)(A) 

According to the submittal, the Commonwealth’s enforceable emission limitations and other 

control measures are covered in the Air Pollution Control Act (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 Air Management Services (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). Based upon EPA’s review of the submittal, EPA is proposing to 

determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(A). 

EPA does not consider SIP requirements triggered by the nonattainment area mandates in part D 

of Title I of the CAA to be governed by the submission deadline of section 110(a)(1). 

Nevertheless, the Commonwealth may have included some previous EPA-approved SIP 

provisions originally submitted in response to part D in its submission documenting its 

compliance with the requirements of sections 110(a)(1) and (2) of the CAA. For the purposes of 

this action, EPA has reviewed the above identified Pennsylvania submittals, including any rules 
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originally submitted in response to part D, or references thereto, solely for the purposes of 

determining whether such submittals support a finding that the state has met the basic 

infrastructure requirements under section 110(a)(2).

In this action, EPA is not proposing to approve or disapprove any existing Commonwealth 

provisions with regard to excess emissions during SSM of operations at a facility. Also, EPA is 

not proposing to approve or disapprove any existing State rules with regard to director’s 

discretion or variance provisions. 

2. Section 110(a)(2)(B)

According to the submittal, Section 4(17) of the APCA, 35 P.S. § 4004, provides authority to 

“determine by means of field studies and sampling the degree of air pollution existing in any part 

of the Commonwealth.” PADEP establishes, operates and maintains a network of ambient air 

monitors throughout Pennsylvania, excluding Philadelphia and Allegheny Counties. Both 

Philadelphia AMS and the ACHD operate their monitoring networks and collect data under 

Pennsylvania approved programs.

Based on the submittal, the Pennsylvania network consists only of 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.

Also according to the submittal, 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 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. 

The following detailed information is provided as supplemental information but specific monitor 

locations are not being incorporated into the SIP. 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). 
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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. 

Based upon EPA’s review of the submittal, EPA is proposing to determine that the 

Commonwealth has met its obligations pursuant to 110(a)(2)(B). 

3. Section 110(a)(2)(C)

According to the above referenced submittal, sections 4 and 8 of the APCA, 35 P.S. §§ 4004 and 

4008, provide adequate authority for PADEP to enforce appropriate limitations and other control 

measures. Section 6.1(k) of the APCA, 35 P.S. § 4006.1(k), provides that PADEP shall require 

revisions to any permit to incorporate applicable standards and regulations promulgated under 

the CAA after issuance of a Title V permit. 

Also according to the submittal, Section 9.1 of the APCA, 35 P.S. § 4009.1, provides that 

PADEP 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 PADEP 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. 

SIP revisions approved by EPA in 40 CFR 52.2020 such as maintenance plans often include 

enforceable emissions limits, control measures, fees, and compliance schedules by describing 

regulations upon which the plans rely.

According to the submittal, the Commonwealth’s enforceable emission limitations and other 

control measures are covered in those provisions of the APCA and Pennsylvania Code, Title 25, 

Environmental Protection, Article III, Chapters 121-145 (25 Pa. Code Chs. 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). 

According to the submittal, 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).

All areas of the Commonwealth have a SIP approved permitting program in 40 CFR 52.2020. 

EPA recently approved the Part C permitting program for Allegheny county into the SIP on 
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February 28, 2013 (78 FR 13493). The Commonwealth also has an adequate minor source 

permitting program for stationary sources to insure the NAAQS is maintained. 

Based upon EPA’s review of the submittal, EPA is proposing to determine that the 

Commonwealth has met its obligations pursuant to 110(a)(2)(C). 

4. Section 110(a)(2)(D)

Section 110(a)(2)(D)(i)(I)

In accordance with the decision of the U.S. Court of Appeals for the District of Columbia, the 

EPA at this time is not treating the 110(a)(2)(D)(i)(I) SIP submission from the Commonwealth of 

Pennsylvania as a required SIP submission. See EME Homer City Generation, L.P. v. EPA, 696 

F .3d 7 However, even if the submission is not considered to be “required,” the EPA must act on 

the 110(a)(2)(D)(i)(I) SIP submission from Pennsylvania because section 110(k)(2) of the CAA 

requires the EPA to act on all SIP submissions. Unless the EME Homer City decision is reversed 

or otherwise modified by the Supreme Court, states are not required to submit 110(a)(2)(D)(i)(I) 

SIPs until the EPA has quantified their obligations under that section. The portions of the SIP 

submission relating to 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii), in contrast, are required. In this 

notice, EPA is proposing to act on all portions of the Commonwealth of Pennsylvania’s

110(a)(2)(D) submission. 

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 and this submittal includes as supplemental material a map showing lead 

sources in the Commonwealth for reference. 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 increases. 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. 

Based upon EPA’s review of the submittal and based upon the Lead Infrastructure Guidance, EPA is 

proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(D)(i)(I). 

Section 110(a)(2)(D)(i)(II)

For all areas of Pennsylvania, a SIP approved Prevention of Significant Deterioration (PSD)

program is in place. The permitting program is codified at 40 CFR 52.2020. See additional 

discussion under 110(a)(2)(C). Based upon EPA’s review of the submittal, EPA is proposing to 

determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(D)(i)(II) for the 

part C permit program. 

Prong 4 of section 110(a)(2)(D)(i) requires that SIPs include provisions prohibiting any source or 

other type of emissions activity in one state from interfering with measures to protect visibility

required to be included in another state’s SIP. EPA’s guidance of October 14, 2011, entitled, 

“Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under sections 
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110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards 

(NAAQS)” states that “With regard to the requirement of prong 4, i.e., visibility under 

subsection (2)(D)(i)(II) significant impacts from Pb emissions from stationary sources are 

expected to be limited to short distances from the source and most, if not all Pb stationary

sources are located at distances from Class I areas such that visibility impacts would be 

negligible.” This is the case in Pennsylvania. As described in the Pennsylvania submittal, 

Pennsylvania does not have a Class I area and 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. 

Pennsylvania’s submittal also included a map showing lead sources and their locations. As 

discussed above, in the section on D(i)(I), 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. 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 increases. Therefore, lead sources in Pennsylvania 

do not have emissions that impact neighboring states and as such do not impact visibility

protection by any other states. 

Based upon EPA’s review of the submittal and based upon the Lead Infrastructure Guidance, 

EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 

110(a)(2)(D)(i)(II) for visibility protection. 

In addition, the EPA notes that the approved Pennsylvania SIP still includes the Clean Air 

Interstate Rule (CAIR) for electrical generating units (EGUs).2 In 2008, the D.C. Circuit 

remanded CAIR back to EPA. See North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008). The 

court found CAIR to be inconsistent with the requirements of the CAA, see North Carolina v. 

EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA without vacatur 

because it found that “allowing CAIR to remain in effect until it is replaced by a rule consistent 

with [the court’s] opinion would at least temporarily preserve the environmental values covered 

by CAIR.” North Carolina, 550 F.3d at 1178. 

After the remand of CAIR by the D.C. Circuit and the promulgation by EPA of a new rule – the 

Cross State Air Pollution Rule (CSAPR) – to replace CAIR, the D.C. Circuit issued a decision to 

vacate CSAPR. EME Homer City Generation, LP v. EPA, 696 F.3d 7 (D.C. Cir. 2012), reh’g 

denied 2013 U.S. App. LEXIS 1623 (Jan. 24, 2013). In this decision, the court ordered EPA to 

“continue administering CAIR pending the promulgation of a valid replacement.” Thus, EPA 

has been ordered by the court to develop a new rule, and to continue implementing CAIR in the 

meantime.

EPA is proposing to approve the infrastructure SIP submission with respect to prong 4 in 

Section 110(a)(2)(D)(i)(II) because Pennsylvania’s SIP provisions adequately prevent sources in 

 

2 On May 12, 2005, EPA published CAIR, which requires significant reductions in emissions of sulfur 

dioxide (SO2) and nitrogen oxides (NOx) from EGUs to limit the interstate transport of these pollutants 

and the ozone and fine particulate matter they form in the atmosphere. 70 FR 25162.
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Pennsylvania from interfering with measures adopted by other states to protect visibility given 

physical properties of lead, the insignificance of lead in visibility impacts, the location of lead 

sources in Pennsylvania, EPA’s guidance in the Lead Infrastructure Guidance, and 

Pennsylvania’s approved SIP provisions. 

Section 110(a)(2)(D)(ii) 

The Commonwealth has no current or pending obligations pursuant to CAA sections 126 and

115 for the 2008 Lead NAAQS. 

EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 

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

5. Section 110(a)(2)(E)

According to the above referenced submittal, the Commonwealth’s enforceable emission 

limitations and other control measures are covered in: a) the APCA and those provisions of 

Pennsylvania Code Title 25, Environmental Protection, Article III, Chapters 121-145 (25 Pa. 

Code Chs. 121-145) and Title 67, Chapters 175-177 that are listed in 40 CFR § 52.2020(c)(1); b)

those provisions of ACHD Regulations, Parts A through I to Articles XX and XXI that are listed 

in 40 CFR §52.2020(c)(2); c) 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, d) source specific provisions codified at 40 CFR 52.2020(d)(1). The 

regulations in the Pennsylvania Code are duly adopted by the Environmental Quality Board. 

Those adopted 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 section 110 requirements, SIP revisions have 

been submitted to and approved by EPA. EPA-approved SIP revisions are codified at 40 CFR 

part 52, subpart NN. 

According to the submittal, Section 12 of APCA (35 P.S. § 4012) establishes the ability of the 

two pre-existing local air agencies to continue to operate their own programs. Authority for 

AMS is provided by Title 3, Air Management Code and for ACHD by Article XXI and County 

Ordinance 16782. 

Also, the above referenced submittal indicates Section 6.3 of APCA (35 P.S. § 4006.3) 

authorizes PADEP to establish fees sufficient to cover the indirect and direct costs of 

administering the plan approval and operating permit program including Title V and costs of 

administering certain committees. 25 Pa. Code §127.701, as currently approved in the SIP,

establishes fees to cover the direct and indirect costs of administering the air pollution control 

planning process, operating permit program, certain committee operation and to support the air 

pollution control program authorized by state statute. The APCA also authorizes the 

establishment of fees to cover non-Title V costs. The air quality program also receives revenue 

from fines and penalties (Clean Air Fund) and federal funds under Sections 105 and 103 of the 

CAA, special federal funds for PM2.5, and state general appropriations. PADEP also indicated 

that it has adequate personnel along with funding and authority to carry out the SIP. The local 
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agencies receive Sections 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. PADEP’s agreements with ACHD and AMS assure 

that these local agencies similarly have the personnel, funding and authority to carry out their 

respective obligations under the SIP.

The above referenced submittal indicates that 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 CAA, 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. PADEP maintains agreements with the 

two local air agencies that PADEP relies on for implementation of the SIP in Allegheny and 

Philadelphia counties. PADEP 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. PADEP has 

responsibility for ensuring adequate implementation of SIP provisions by local authorities under 

Section 12 of the APCA, 35 P.S. § 4012. The submission 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.

Based upon EPA’s review of the above referenced submittal, and the Lead Infrastructure 

Guidance, EPA is proposing to determine that the Commonwealth has met its obligations 

pursuant to 110(a)(2)(E)(i) and 110(a)(2)(E)(iii). EPA will act on 110(a)(2)(E)(ii) in a separate 

action. 

6. Section 110(a)(2)(F)

According to the above referenced submittal, regulatory requirements related to sampling and 

testing have been codified in 25 Pa. Code Chapter 139 and requirements in 25 Pa. Code Section 

§135.3 provide for the reporting of emissions inventories in a format established by PADEP 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 consistent with 40 CFR Part 51. 

Also 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), listed in 40 CFR 

§52.2020(c)(1), 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, 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.
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Also according to the above referenced submittal, the Commonwealth has the responsibility of 

making all records, reports or information obtained by PADEP 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 protected by confidentiality pursuant to APCA section 13.2, 35 P.S. § 4013.2. 

The types of records PADEP 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). 

PADEP generally makes information available for public access through its website, but also 

makes hard copy reports available upon written request.

Based upon EPA’s review of the submittal and upon the Lead Infrastructure Guidance, EPA is 

proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(F). 

7. Section 110(a)(2)(G) 

According to the submittal referenced above, the Commonwealth can request the owners and 

operators of lead-emitting 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). 

Based upon EPA’s review of the above referenced submittals, EPA is proposing to determine 

that the Commonwealth has met its obligations pursuant to 110(a)(2)(G). 

8. Section 110(a)(2)(H) 

According to the above referenced submittal, 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 
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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. 

Based upon EPA’s review of the above referenced submittal and the Lead Infrastructure 

Guidance, EPA is proposing to determine that the Commonwealth has met its obligations 

pursuant to 110(a)(2)(H).

9. Section 110(a)(2)(J) 

According to the above referenced submittal, the APCA provides adequate authority for the 

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. 

Also according to the above referenced submittals, PADEP makes real-time and historical air 

quality information available on its Web site. Lead data is available on the PADEP web site at 

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

 

PADEP 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 and 

can be found in 40 CFR 52.2020. Philadelphia’s PSD regulations and Allegheny County’s PSD 

regulations are also in the SIP.

As stated in the Lead Infrastructure Guidance, EPA did not expect the visibility protection and

regional haze program requirements from Part C of Title I of the CAA to change with the 2008 

Lead NAAQS and therefore EPA concluded that there are no new applicable visibility protection 

obligations under 110(a)(2)(J) from the 2008 Lead NAAQS. EPA discussed for Section 

110(a)(2)(D)(i)(II) how the Commonwealth provided required visibility protection in accordance 

with the Lead Infrastructure Guidance. 

Based upon EPA’s review of the above referenced submittal and upon the Lead Infrastructure 

Guidance, EPA is proposing to determine that the Commonwealth has met its obligations 

pursuant to CAA Section 110(a)(2)(J).

 

10. Section 110(a)(2)(K) 

According to the above referenced submittal, Section 4(1) of the APCA provides that it is the 

power and duty of PADEP to implement the provisions of the CAA in the 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 it is the 

power and duty of PADEP 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 power 
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and duty include the power and duty to perform air quality modeling and data submissions 

prescribed by the Administrator of EPA under Section 110(a)(2)(K) of the CAA. 

The Commonwealth’s SIP approved PSD programs contain appropriate modeling requirements

because the Commonwealth incorporates by reference the Federal PSD requirements including 

those for modeling. 

According to the above referenced submittal, inherent in Pennsylvania’s obligation to meet the 

NAAQS and to conduct or cause to be conducted studies and research is the authority and 

obligation for the Department to perform modeling as required under the CAA to demonstrate 

attainment of the NAAQS. Pennsylvania will continue to perform modeling as required under 

the CAA to demonstrate attainment. Pennsylvania will continue to submit the air quality

modeling data as part of its relevant SIP submissions and through federal grant commitments or 

in other ways that EPA may request.

Based upon EPA’s review of the above referenced submittal and upon the Lead Infrastructure 

Guidance, EPA is proposing to determine that the Commonwealth has met its obligations 

pursuant to 110(a)(2)(K). 

11. Section 110(a)(2)(L) 

According to the above referenced submittal, 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 FR 39597). Fee requirements are codified 

at 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. 

Based upon EPA’s review of the above referenced submittal and upon the Lead Infrastructure 

Guidance, EPA is proposing to determine that the Commonwealth has met its obligations 

pursuant to 110(a)(2)(L). 

12. Section 110(a)(2)(M) 

According to the above referenced submittal, the APCA provides adequate authority for 

PADEP’s practices of consultation and participation in SIPs, 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 

APCA, 35 P.S. § 4004, provides general enabling authority for interaction with the public and 

local government. Also section 7 of the APCA which pertains to public hearings requires input 

on rules and regulations that pertain to air pollution. 

According to the above referenced submittal, PADEP makes real-time and historical air quality

information available on its Web site. Based upon EPA’s review of the above referenced 

submittal, and the Lead Infrastructure Guidance, EPA is proposing to determine that the 

Commonwealth has met its obligations pursuant to 110(a)(2)(M). 
12

F. CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of Pennsylvania’s infrastructure submittal for the 2008 Lead NAAQS concludes 

that Pennsylvania’s submittal meets the requirements for section 110(a)(2)(A), (B), (C), (D), 

(E)(i), E(iii), (F), (G), (H), (J), (K), (L), and (M) as described above. It is recommended that a 

rulemaking be prepared proposing approval of Pennsylvania’s infrastructure submittal for the 

2008 Lead NAAQS for the elements indentified above.