• 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 11 O( a)(I) and 11 O( 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), 

110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), 110(a)(2)(E)(i), 110(a)(2)(E)(ii), 

11 O( a)(2)(E) (iii), 11 O( a)(2)(F)(i), 11 O( a)(2)(F)(ii), 11 O( a)(2)(F)(iii), 11 O( a)(2)(G), 11 O( a)(2)(H), 

110(a)(2)(J), 110(a)(2)(K), 110(a)(2)(L), and 110(a)(2)(M) for the 2008 8-Hour Ozone NAAQS. 

The Pennsylvania Department of Environmental Protection (DEP) does not address CAA 

Section 11 O( a) (2) (I) in this SIP revision, 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)(l) and 

110(a)(2) Applicable Requirements for the 2008 8-Hour Ozone National Ambient Air 

Quality Standards (NAAQS); and State Implementation Plan Revision for Clean Air Act 

Section 128 for all 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 

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

717.787.2814 Printed on Recycled Paper www.depweb.state.pa.us 
Mr. Shawn Garvin - 2- July 15, 2014 

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

Dioxide NAAQS, 2010 I-Hour Sulfur Dioxide 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 11 0(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 2008 

8-Hour Ozone National Ambient Air Quality Standard (NAAQS)" separate from the "State 

Implementation Plan Revision for Clean Air Act Section 128 for all NAAQS," for the elements 

listed above. The "State Implementation Plan Revision for Clean Air Act Section 128 for all 

NAAQS" is addressed in a separate transmittal letter. 

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 2008 8-Hour Ozone 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 

Enclosures 
July 2014

Commonwealth of Pennsylvania

FINAL

Infrastructure State Implementation Plan Revision

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

2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS); and 

State Implementation Plan Revision for Clean Air Act Section 128 for all NAAQS

JULY 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 Governor
July 2014

ii

blank for two sided copying
July 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 2008

8-Hour Ozone National Ambient Air Quality Standard (NAAQS), and the Clean Air Act Section 128 Requirements for All NAAQS...... 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) ......................................................................................................................................................................................................... 9

§ 110(a)(2)(E)(ii) and 128 ........................................................................................................................................................................................ 12

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

§ 110(a)(2)(F)(i) and(ii)............................................................................................................................................................................................ 14

§ 110(a)(2)(F)(iii) ..................................................................................................................................................................................................... 15

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

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

§ 110(a)(2)(J)............................................................................................................................................................................................................ 18

§ 110(a)(2)(K)........................................................................................................................................................................................................... 19

§ 110(a)(2)(L)........................................................................................................................................................................................................... 20

§ 110(a)(2)(M).......................................................................................................................................................................................................... 21

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

Appendix B: Portions of the Public Official and Employee Ethics Act provisions to be approved into the Pennsylvania SIP to address 

Clean Air Act Sections 128 and 110(a)(2)(E)(ii) for all NAAQS.
July 2014

1

Commonwealth of Pennsylvania

Infrastructure State Implementation Plan Revision Clean Air Act Sections 110(a)(1) and 110(a)(2) 

Applicable Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS); and 

State Implementation Plan Revision for Clean Air Act Section 128 for all NAAQS

Background

On March 12, 2008, the U.S. Environmental Protection Agency (EPA) promulgated revisions to the 8-hour ozone national ambient air quality 

standard (NAAQS). EPA lowered the standard from 0.08 parts per million (ppm), promulgated in 1997, to 0.075 ppm (73 FR 16436). 

Section 110 of the Federal Clean Air Act (CAA), 42 U.S.C.A. § 7410, requires states to develop State Implementation Plan (SIP) revisions 

and programs to meet the NAAQS established by EPA to protect public health and welfare. Section 110 of the CAA also prescribes general 

elements for the implementation of SIPs. Sections 110(a)(1) and 110(a)(2) of the CAA (42 U.S.C.A. §§ 7410(a)(1) and (2)), require states to 

submit SIP revisions to the EPA Administrator that provide for implementation, maintenance, and enforcement of the NAAQS. This SIP 

revision, generally referred to as the “infrastructure SIP,” describes basic elements designed to assure attainment and maintenance of the 2008 

Ozone NAAQS including: ambient air quality monitoring, emission inventories, enforcement of control measures, modeling, monitoring, 

nonattainment new source review, prevention of significant deterioration and stationary source monitoring. States are required to submit 

these infrastructure SIP revisions to EPA within three years from the date a new or revised NAAQS is signed by the EPA Administrator.

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

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

Ozone 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 Sections 110(a)(1) and 110(a)(2) of the CAA set forth herein 

for the 2008 Ozone NAAQS. This SIP revision also fulfills the requirements of Section 128 of the CAA.

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 Section 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 Sections 110(a)(1) and 110(a)(2) of the CAA, the Commonwealth has reviewed applicable 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 found at 40 CFR Part 52 Subpart NN. 
July 2014

2

Based on the applicable statutory and regulatory authority and the SIP revision submittal for CAA Section 128, Pennsylvania’s SIP provides 

for the implementation, maintenance, and enforcement of the applicable elements set forth in Sections 110(a)(1) and 110(a)(2), pertinent to 

the implementation of the 2008 8-Hour Ozone NAAQS, and the implementation, maintenance and enforcement of the applicable elements set 

forth in Section 128 of the CAA, pertinent to the implementation of all NAAQS.

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

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

3

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

Requirements for the 2008 Ozone NAAQS, and the Clean Air Act Section 128 Requirements for All 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, 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). 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 Section 110 of the CAA, SIP revisions have been 

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

codified in 40 CFR Part 52, Subpart NN. The Commonwealth has an EPA-approved air 

quality permitting program for plan approval (pre-construction and construction 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 permits.

DEP also implements and enforces a federally enforceable general plan approval and 

general operating permit program. 

The regulatory provisions are approved by EPA and codified 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 ambient 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 establishes, operates, and maintains a network of 

ambient air monitors throughout Pennsylvania, excluding Philadelphia and Allegheny 

Counties. Philadelphia AMS operates its monitoring network as a Pennsylvania approved 

program under Section 12 of APCA, 35 P.S. § 4012, and the terms of the “Agreement for 

Implementation of the Philadelphia County Air Pollution Control Program,” dated 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 30, 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 ozone 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.

An 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 Philadelphia AMS both 

make the annual network design plans available for public inspection, as required under 40 
July 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 and Philadelphia AMS 

are unable to provide the 30-day public comment period for the network 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. Copies of the most recent EPA letters approving the monitoring networks 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 Air Quality System (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 reporting 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 require 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 of both major and minor facilities, which ensures that all 

applicable requirements are included in federally enforceable plan approvals, operating 

permits and general plan approvals and general operating permits. These regulatory 
July 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 subchapter.

provisions are approved by EPA and codified 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 the 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 in 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, 2003 (68 FR 15060). EPA stated 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 limitations and other control measures are 

covered in those provisions of the APCA and implementing regulations in 25 Pa. Code 

Chapters 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, Subchapters 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 codified 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 issued a limited disapproval 

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

April 30, 2014, respectively. (77 FR 33642 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 replaced 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), cert. 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. Ct. 1584 (2014). 

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

Brigantine Wilderness in New Jersey and Otter Creek Wilderness in West Virginia, which 

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

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 contain 

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 ozone 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 Counties; those counties administer 

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

NNSR and PSD provisions 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.

There are no final findings under Section 115 of the CAA against Pennsylvania with respect 

to the 2008 Ozone NAAQS. No source or sources within Pennsylvania are the subject of an 

active finding under Section 126 of the CAA with respect to the 2008 Ozone NAAQS.
July 2014

9

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, the 

general purpose local 

government or 

governments, or a 

regional agency 

designated by the state 

or general purpose 

local governments for 

such purpose) will 

have adequate 

personnel, funding, 

and authority under 

state (and, as 

appropriate, local) 

law to carry out such 

implementation plan 

(and is not prohibited 

by any 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 Chapters 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 adopted under the 

acts. 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 Allegheny County Council, 

and approved by the Allegheny County Chief Executive. The enabling authority 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 Philadelphia 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 Regulations are enforced by Philadelphia 
July 2014

10

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 Part 52, Subpart 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 Section 502(b) of the CAA (42 U.S.C.A. § 7661a(b)), to cover the reasonable 

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

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

costs of administering the Small Business Stationary Source Technical and Environmental 

Compliance Assistance Programs, including the Small Business Compliance Advisory 

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

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

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

program authorized by the APCA and not covered by fees required by Section 502(b) of the

CAA.

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

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

authorizes the establishment of fees to cover non-Title V costs. Pennsylvania’s air quality 

program also receives 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. Section 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 fees 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 stability 
July 2014

11

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.

State Staffing: DEP has adequate personnel to implement the SIP with respect to the 2008 

Ozone 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 respective obligations under the SIP.
July 2014

12

Clean Air Act 

Section

SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(E)(ii)

and § 128 for all 

NAAQS

Section 

110(a)(2)(E)(ii) 

provides that 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 

requirements that the 

state comply with the 

requirements 

respecting state 

boards under section 

128, ...

Section 128 provides 

that (a) ... each 

applicable 

implementation plan 

shall contain 

requirements that –

(1) any board or body 

which approves 

permits or 

enforcement orders 

under this chapter 

shall have at least a 

majority of members 

The following section addresses applicable Pennsylvania statutory provisions pertaining to 

CAA § 110(a)(2)(E)(ii) and CAA § 128 for all NAAQS. This section and the statutory 

provisions referenced in it and included in Appendix B are being submitted to EPA as a 

new SIP revision for inclusion in the Pennsylvania SIP. 

For purposes of § 128(a)(1) and (2), Pennsylvania does not have a board or body that 

approves permits or enforcement orders under the CAA. 

For purposes of § 128(a)(2), DEP provides the following regarding individuals who approve 

permits or enforcement orders. Permits and enforcement orders are issued directly by 

persons within DEP, ACHD and Philadelphia AMS, not state boards. The Pennsylvania 

Public Official and Employee Ethics Act defines “conflict of interest” and requires

disclosure of potential conflicts of interest for public officials and public employees. 

65 Pa.C.S. § 1101 (relating to short title of chapter), § 1102 (relating to definitions) and

§ 1104(a) (relating to statement of financial interests required to be filed). These sections 

apply to the head of DEP and other Commonwealth employees who approve permits or 

enforcement orders. The Public Official and Employee Ethics Act also applies to public 

officials and public employees of political subdivisions, through applicable definitions in 65 

Pa.C.S. § 1102. Therefore, persons approving air permitting and enforcement actions in 

Allegheny and Philadelphia Counties are also covered. The Public Official and Employee 

Ethics Act requires that the public officials and public employees in DEP, ACHD and 

Philadelphia AMS file annual financial disclosure statements. 65 Pa.C.S. § 1104(a). The 

form and content of the financial disclosure statements are prescribed by the Public Official 

and Employee Ethics Act. 65 Pa.C.S. § 1105 (relating to statement of financial interests). 

Applicable penalties relating to violating the financial disclosure statement requirements are 

included in the Public Official and Employee Ethics Act. 65 Pa.C.S. § 1109(b), (c), (g)

(relating to penalties). Applicable provisions of the Public Official and Employee Ethics 

Act are included in Appendix B and are being submitted as a SIP revision to address CAA 

§§ 110(a)(2)(E)(ii) and 128 for all NAAQS. 

Once EPA approves these provisions of the Public Official and Employee Ethics Act into 
July 2014

13

Clean Air Act 

Section

SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(E)(ii) 

and § 128 for all 

NAAQS

(continued)

who represent the 

public interest and do 

not derive any 

significant portion of 

their income from 

persons 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. 

the SIP, Pennsylvania meets the requirements of CAA Sections 110(a)(2)(E)(ii) and 128 for 

all NAAQS, including the 2008 Ozone NAAQS.

§ 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 

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. 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 these two local air agencies, upon 

whom DEP relies for implementation of the SIP in Allegheny and Philadelphia Counties. 

DEP has approved the local programs in the areas of financial assistance; annual workload 

projection; emissions reporting; source monitoring and reporting; enforcement; ambient air 

monitoring and reporting; and air quality permitting. DEP has responsibility for ensuring 

adequate implementation of SIP provisions by local authorities under Section 12 of the 

APCA, 35 P.S. § 4012. The submission to DEP 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. Section 12(e) of the APCA authorizes DEP, 

under certain conditions, to refuse approval, or to suspend or rescind approval, of county air 
July 2014

14

Clean Air Act 

Section

SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(E)(iii)

(continued)

the implementation of 

any plan provision, the 

state has responsibility 

for ensuring adequate

implementation of 

such plan provision;

pollution control agencies’ air 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, 

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 

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

stationary sources have been codified in 25 Pa. Code Chapter 139 (pertaining to sampling 

and testing). Requirements in 25 Pa. Code § 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 25 Pa. Code § 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) 

and other monitoring, recordkeeping or reporting requirements of Article III and additional 

requirements related to monitoring, recordkeeping and reporting required by the Clean Air 

Act and the regulations thereunder, including, if applicable, the enhanced monitoring 

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 revisions 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 monitoring 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 
July 2014

15

Clean Air Act 

Section

SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(F)(i) 

and(ii)

(continued)

emissions and 

emissions-related 

data from such 

source,

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 Pa. Code Chapter 127, Subchapters 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 codified 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 

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 

Regulatory requirements for reporting and recordkeeping by owners or operators of 

stationary sources have been codified in 25 Pa. Code Chapter 135 (relating to reporting of 

sources) and regulatory requirements for sampling, testing and monitoring by owners or 

operators of stationary sources have been codified in 25 Pa. Code Chapter 139 (pertaining 

to sampling and testing). Requirements of 25 Pa. Code Chapter 135 and 25 Pa. Code

Chapter 139 are codified in 49 CFR § 52.2020(c)(1). DEP correlates emissions reports by 

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 under the 

provisions of the APCA, available to the public, except to the extent the records, reports or 

information are determined by DEP to be confidential under Section 13.2 of the APCA, 

35 P.S. § 4013.2. The types of records DEP routinely provides access to include 

notifications, inspection reports, notices of violation, enforcement orders, applications, 

permit review letters, sample results, monitoring reports, permits, approvals and denials that 

would relate to § 110(a)(2)(F) of the CAA. All emissions data to which 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 also supplies EPA with an annual stationary source 

inventory for major emitters of NOX (2,500 tons per year or more) and VOC (250 tons per 

year or more) in the Commonwealth, which is available to the public on the website, 
July 2014

16

Clean Air Act 

Section

SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(F)(iii)

(continued)

available at 

reasonable times 

for public 

inspection. 

http://epa.gov/ttn/chief. 

§ 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 adequate general emergency powers to address 

ozone-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 for Emergency Episodes and related plans are 

found in 25 Pa. Code Chapter 137 which are codified at 40 CFR Part 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 

Section 4(1) of the APCA, 35 P.S. § 4004(1), empowers DEP to implement the provisions 

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 NAAQS 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 that 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 codified in
July 2014

17

Clean Air Act 

Section

SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(H)

(continued)

account of 

revisions of such 

primary or 

secondary NAAQS

or the availability 

of improved or 

more expeditious 

methods of 

attaining such 

standard, and 

(ii) except as provided 

in paragraph 

(3)(C), whenever 

the Administrator 

finds on the basis 

of information 

available to the 

Administrator that 

the plan is 

substantially 

inadequate to 

attain the national 

ambient air quality 

standard which it 

implements, or to 

otherwise comply 

with any additional 

requirements 

established under 

this chapter 

(CAA). 

40 CFR Part 52 Subpart NN. 
July 2014

18

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 

consultation), section 

127 of this title 

(relating to public 

notification), and part 

C of this subchapter 

(relating to prevention 

of significant 

deterioration of air 

quality and visibility 

protection);

The APCA provides 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 revisions, as required under CAA 

Sections 121, and notification of NAAQS violations, as required in CAA Section 127. The 

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 the 

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 ozone monitoring data available at 

http://www.ahs2.dep.state.pa.us/aq_apps/aadata/. ACHD makes ozone monitoring data 

available to the public on its Web site at http://www.achd.net/air/monitor-data.html. 

Philadelphia AMS makes ozone 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 Section 161 of the CAA 

(42 U.S.C.A. § 7471) are adopted and incorporated by reference in 25 Pa. Code Chapter 

127, Subchapter D. Whenever EPA promulgates any PSD amendments for the 2008 Ozone 

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, because there are no new applicable visibility protection 

obligations under Section 110(a)(2)(J) as a result of the 2008 Ozone NAAQS. 
July 2014

19

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 duty to conduct or cause 

to be conducted studies and research with respect to air contaminants, their nature, causes 

and effects, and with respect to the control, prevention, abatement and 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 entirety, 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

20

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 condition of any 

permit required under 

this chapter, a fee 

sufficient to cover—

(i) the reasonable 

costs of reviewing 

and acting upon 

any application for 

such a permit, and 

(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, Subchapters 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 collect 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 terms.

Codified 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

21

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 

Administrator'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 provide for 

consultation and 

participation by local 

political subdivisions 

affected by the plan.

Section 7 of the APCA (relating to public hearings), 35 P.S. § 4007, requires the 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 notice 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 direct 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 review 
July 2014

22

Clean Air Act 

Section

SIP Requirement Applicable Pennsylvania Statutes and Regulations

§ 110(a)(2)(M)

(continued)

and comment on a SIP during the public comment period. Also see § 110(a)(2)(J) 

discussion above related to consultation and public notification.