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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: January 7, 2015

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

Implementation Plans for Infrastructure Requirements for the 2008 Ozone, 2010 Nitrogen 

Dioxide, 2010 Sulfur Dioxide and 2012 Fine Particulate Matter National Ambient Air Quality 

Standards

FROM: Ruth Knapp, Environmental Protection Specialist /s/

 Office of Air Program Planning 

TO: File

THRU: Cristina Fernandez, /s/

Associate Director, Office of Air Program Planning 

A. INTRODUCTION

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

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

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

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

Standards (NAAQS): 2008 Ozone, 2010 Nitrogen Dioxide (NO2), 2010 Sulfur Dioxide (SO2), 

and 2012 Fine Particulate Matter (PM2.5).

B. BACKGROUND

The NAAQS

On March 27, 2008, EPA promulgated a revised NAAQS for ozone based on the annual fourth 

highest daily maximum 8-hour average concentration over three years. EPA revised the level of 

the 8-hour ozone NAAQS to 0.075 parts per million (ppm). This specific NAAQS will be 

referred to as the 2008 Ozone NAAQS. 

On February 9, 2010, EPA established an additional primary standard for NO2 at a level of 100 

parts per billion (ppb) which is based on the 98th percentile of 1-hour daily maximums averaged 

over 3 years. This specific NAAQS will be referred to as the 2010 NO2 NAAQS. 

 

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

except as specifically noted. 
2

 

On June 22, 2010, EPA promulgated a revised NAAQS for the 1-hour primary SO2 standard at a 

level of 75 parts per billion (ppb), based on a 3-year average of the annual 99th percentile of 1-

hour daily maximum concentrations. This specific NAAQS will be referred to as the 2010 SO2 

NAAQS. 

On December 14, 2012, EPA promulgated a revised primary NAAQS for PM2.5 for the annual 

standard. The revised standard was set at the level of 12 micrograms per cubic meter (ug/m3) 

calculated as the annual average which is averaged over a three year period. This specific 

NAAQS will be referred to as the 2012 PM2.5 NAAQS. 

For all the four NAAQS discussed previously, pursuant to section 110(a) of the CAA, states are 

required to submit SIPs to provide for the implementation, maintenance, and enforcement of a 

new or revised NAAQS within three years following the promulgation of such NAAQS, or 

within a shorter period as EPA may prescribe. More specifically, section 110(a)(1) provides the 

procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states 

must meet for ‘‘infrastructure’’ SIP requirements related to a newly established or revised 

NAAQS. These requirements include basic SIP elements such as requirements for monitoring, 

basic program requirements and legal authority that are designed to assure attainment and 

maintenance of the NAAQS.

Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or 

revised NAAQS, but the contents of that submission may vary depending upon the facts and 

circumstances. In particular, the data and analytical tools available at the time the state develops 

and submits the SIP for a new or revised NAAQS affects the content of the submission. The 

contents of such SIP submissions may also vary depending upon what provisions the state’s 

existing SIP already contains. In the case of the previously discussed NAAQS, states typically 

have met the basic program elements required in section 110(a)(2) through earlier SIP

submissions. For the rest of this document all of the NAAQS which are the subject of this TSD 

(2008 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5) will be referred to as the “four NAAQS” 

and all discussions will apply to all of these four NAAQS unless otherwise indicated in the TSD. 

C. EPA REQUIREMENTS

As discussed above, for the four 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, on September 13, 2013, EPA issued the Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2). 

(Infrastructure guidance). (Guidance can be found at this link: 

http://www.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Element

s_Multipollutant_FINAL_Sept_2013.pdf ).

D. STATE’S SUBMITTALS
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To satisfy the requirements of section 110(a)(1) and (2) of the CAA for the four NAAQS, 

PADEP submitted four SIP revisions on July 15, 2014 to satisfy the requirements of section 

110(a)(1) and (2) for each of the four NAAQS. Each submittal addressed the following 

infrastructure elements that EPA is proposing to approve for all four NAAQS: Sections 

110(a)(2)(A), (B), (C), (D)(i)(II)(with respect to requirements to prevent significant deterioration 

(PSD)), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA. EPA is proposing to 

approve the Pennsylvania submittals for these elements. None of the submittals included or 

addressed element (I) which pertains to the nonattainment requirements of part D of Title I of the 

CAA, because this element is not required to be submitted by the 3-year submission deadline of 

CAA section 110(a)(1), and will be addressed in a separate process for each NAAQS if 

necessary. In addition, none of the submittals included provisions for 110(a)(2)(D)(i)(I)

(transport of emissions). All four submittals included information pertaining to 

110(a)(2)(D)(i)(II) (visibility protection). However, EPA is not taking action on this element at 

this time and will take separate action on 110(a)(2)(D)(i)(II) (visibility protection).

E. EVALUATION OF STATE SUBMITTALS

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

Section 110(a)(2)(A) requires enforceable emission limitations and other control measures, 

means and techniques, as well as schedules and timetables for compliance applicable to the four 

NAAQS.

According to the infrastructure SIP submittals for the four NAAQS, the Commonwealth’s 

enforceable emission limitations and other control measures, means or techniques, as well as 

schedule and timetables for compliance 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), the City of Philadelphia’s Title 3 Air 

Management Code and City of Philadelphia’s 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). The Pennsylvania SIP which includes all 

of these is located at 40 CFR Part 52 Subpart NN. Based upon EPA’s review of the submittals,

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

section 110(a)(2)(A) for the four NAAQS. 

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 submissions 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 

originally submitted in response to part D, or references thereto, solely for the purposes of 
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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 Pennsylvania 

regulatory or statutory provisions with regard to excess emissions during Startup, Shutdown, and 

Malfunction (SSM) of operations at a facility. EPA believes that a number of states have SSM 

provisions which are contrary to the CAA and existing EPA guidance (August 11, 1999 Steven 

Herman and Robert Perciasepe Memorandum, “State Implementation Plans: Policy Regarding 

Excess Emissions During Malfunctions, Startup, and Shutdown”), and the Agency is addressing 

such state regulations in a separate rulemaking. See 78 FR 12460 (February 22, 2013) (proposed 

rulemaking on SSM SIP provisions) and 79 FR 55920 (September 17, 2014)(supplemental 

proposed rulemaking on affirmative defense provisions for malfunctions). In the meantime, EPA 

encourages any state having deficient SSM provisions to take steps to correct it as soon as 

possible. 

Also in this action, EPA is not proposing to approve or disapprove any existing Pennsylvania 

regulatory or statutory provisions with regard to director’s discretion or variance provisions. 

EPA believes that a number of states have such provisions which are contrary to the CAA and 

existing EPA guidance (see 52 FR 45109, November 1987), and the Agency is addressing such 

states regulations in a separate rulemaking. See 78 FR 12460. In the meantime, EPA encourages 

any state having a director’s discretion or variance provision which is contrary to the CAA and 

EPA guidance to take steps to correct the deficiency as soon as possible. 

EPA finds Pennsylvania’s infrastructure SIP submittals for the four NAAQS meet the 

requirements of CAA Section 110(a)(2)(A). The Pennsylvania SIP at 40 CFR 52.2020 includes 

enforceable emission limitations and other control measures, means and techniques, as well as 

schedules and timetables for compliance applicable to the four NAAQS.

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

CAA section 110(a)(2)(B) requires each plan to provide for the establishment and operation of 

appropriate devices, methods, systems and procedures to monitor, compile and analyze data on 

ambient air quality and to make such data available to EPA upon request.

According to the infrastructure SIP submittals for each of the four NAAQS, 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 AMS and the ACHD operate their monitoring 

networks and collect data under Pennsylvania approved programs.

Based on the infrastructure SIP submittals for all four NAAQS, 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 
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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.

Also according to the infrastructure SIP submittals, 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 plan document informs both EPA and the public of any planned changes to 

the sampling network for the next year. The annual network design plans from PADEP, AMS and 

ACHD provide a description of the current monitoring network, a reason for each change, and any 

other information relevant to any change. PADEP and the local agencies (AMS and ACHD) provide 

a 30-day public comment period for the annual network design plan. In addition, PADEP and the 

local air agencies provide EPA Region III with prior notification of any planned changes to the 

monitoring network between formal network design submissions. As needed, details of these changes 

are communicated to and approved by EPA. Data from these monitors are assessed and reported to 

the EPA Air Quality System (AQS) in accordance with 40 CFR Part 58 and are reviewed and 

analyzed by PADEP to verify attainment status or progress. 

On November 21, 2014, EPA approved the PADEP and ACHD network design plans which were 

submitted to EPA on June 27, 2014 and July 3, 2014 respectively. EPA approved the AMS network 

design plan on December 3, 2014 which was submitted to EPA on June 30, 2014. All three network 

design plans and approval letters are included in the docket for this rulemaking action for information 

purposes. 

Based upon EPA’s review of the infrastructure SIP submittals for all four NAAQS, EPA finds 

the SIP submittals meet requirements in CAA section 110(a)(2)(B) for the four NAAQS.

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

Section 110(a)(2)(C) requires a state’s plan to include a program to provide for enforcement of 

measures in 110(a)(2)(A) and for regulation of modification and construction of stationary 

sources, including a permit program as required in parts C and D of title I of the CAA. 

Enforcement

According to the above referenced infrastructure SIP submittals, 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 submittals, 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. 
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According to the infrastructure SIP submittals, SIP provisions approved by EPA in 40 CFR 

52.2020 such as maintenance plans often include enforceable emission limits, control measures, 

fees, and compliance schedules by describing regulations upon which the plans rely. Further 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 infrastructure SIP submittals, elements of the Commonwealth’s program for 

enforcement of such measures are found in the monitoring, recordkeeping and reporting 

requirements for sources in these specific control measures such as maintenance plans 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). 

EPA finds Pennsylvania provides a program for enforcement of measures for 110(a)(2)(A), 

including the approved provisions of the Pennsylvania SIP for PADEP, AMS and ACHD.

Permitting Program

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

Pennsylvania incorporated by reference into its SIP 40 CFR 52.21 for its prevention of 

significant deterioration (PSD) permitting program as required by part C of title I of the CAA. 

49 FR 33,127 (August 21, 1984). EPA recently approved the Part C permitting program for 

Allegheny county into the SIP on February 28, 2013 (78 FR 13493) and approved a SIP revision 

pertaining to the PSD Program in Philadelphia County on March 28, 2003 (68 FR 15060). These

programs address construction and modification of major stationary sources.

According to the infrastructure SIP submittals, the Commonwealth also has an EPA SIP 

approved air permitting program for the preconstruction, construction, and operation of minor as 

well as major facilities, which ensures all applicable requirements are included in federally 

enforceable plan approvals, operating permits, general plan approvals, and general operating 

permits. The relevant provisions are located at 40 CFR 52.2020(c)(1), 52.2020(c)(2), 

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

identifies Pennsylvania’s approved title V operating permit program). 

EPA finds that the infrastructure SIP submittals for all four NAAQS demonstrate Pennsylvania 

has in its SIP provisions for the regulation of the modification and constructions of any 

stationary source, including a permit program required by part C of title I of the CAA.2

 

2 The permit program required pursuant to part D of the CAA in addition to other nonattainment area requirements 

of part D of Title I of the CAA is not required to be submitted by the 3-year submission deadline of CAA section 

110(a)(1), and will be addressed in a separate process for each NAAQS if necessary.
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With respect to 110(a)(2)(C), EPA interprets the CAA to require each state to make an 

infrastructure SIP submission for a new or revised NAAQS that demonstrates that the air agency 

has a complete PSD permitting program meeting the current requirements for all regulated NSR 

pollutants. The Commonwealth of Pennsylvania and permitting localities have shown that the 

PSD program currently in place covers all regulated NSR pollutants, including greenhouse gases 

(GHGs) as appropriate. 

On June 23, 2014, the United States Supreme Court issued a decision addressing the application 

of PSD permitting requirements to GHG emissions. Utility Air Regulatory Group v. 

Environmental Protection Agency, 134 S.Ct. 2427. The Supreme Court said that the EPA may 

not treat GHGs as an air pollutant for purposes of determining whether a source is a major source 

required to obtain a PSD permit. The Court also said that the EPA could continue to require that 

PSD permits, otherwise required based on emissions of pollutants other than GHGs, contain 

limitations on GHG emissions based on the application of Best Available Control Technology 

(BACT). In order to act consistently with its understanding of the Court’s decision pending 

further judicial action to effectuate the decision, the EPA is not continuing to apply EPA 

regulations that would require that SIPs include permitting requirements that the Supreme Court 

found impermissible. Specifically, EPA is not applying the requirement that a state’s SIPapproved PSD program require that sources obtain PSD permits when GHGs are the only 

pollutant (i) that the source emits or has the potential to emit above the major source thresholds, 

or (ii) for which there is a significant emissions increase and a significant net emissions increase 

from a modification (e.g. 40 CFR 51.166(b)(48)(v)). EPA anticipates a need to revise federal 

PSD rules in light of the Supreme Court opinion. In addition, EPA anticipates that many states 

will revise their existing SIP-approved PSD programs in light of the Supreme Court’s decision. 

The timing and content of subsequent EPA actions with respect to the EPA regulations and state 

PSD program approvals are expected to be informed by additional legal process before the 

United States Court of Appeals for the District of Columbia Circuit. At this juncture, EPA is not 

expecting states to have revised their PSD programs for purposes of infrastructure SIP 

submissions and is only evaluating such submissions to assure that the state’s program correctly 

addresses GHGs consistent with the Supreme Court’s decision.

At present, EPA has determined the Commonwealth’s SIP is sufficient to satisfy Element C, with 

respect to GHGs because the PSD permitting program previously-approved by EPA into the SIP 

continues to require that PSD permits (otherwise required based on emissions of pollutants other 

than GHGs) contain limitations on GHG emissions based on the application of BACT. Although 

the approved Commonwealth’s PSD permitting program may currently contain provisions that 

are no longer necessary in light of the Supreme Court decision, this does not render the 

infrastructure SIP submission inadequate to satisfy Element C. Pennsylvania incorporates by 

reference 40 CFR 52.21 for its PSD permitting program, so the Pennsylvania SIP will 

automatically update when or if EPA updates 40 CFR 52.21.

The SIP contains the necessary PSD requirements at this time, and the application of those 

requirements is not impeded by the presence of other previously-approved provisions regarding 

the permitting of sources of GHGs that EPA does not consider necessary at this time in light of 

the Supreme Court decision. Accordingly, the Supreme Court decision does not affect our 
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determination that the Pennsylvania SIP meets requirements for a PSD permit program as 

required by 110(a)(2)(C) and part C of title I of the CAA. 

Based upon EPA’s review of the infrastructure SIP submittals for all four NAAQS, EPA finds 

that the Pennsylvania SIP meets the obligations in section 110(a)(2)(C) (for a program to enforce 

measures in 110(a)(2)(A) and for regulation of the construction and modification of stationary 

sources) for all four NAAQS.

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

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

For all areas of Pennsylvania, a SIP approved PSD program is in place in accordance with 

requirements in part C of title I of the CAA. The permitting program is codified at 40 CFR 

52.2020(c) and incorporates by reference 40 CFR 52.21. See additional discussion under 

110(a)(2)(C) for how Pennsylvania’s SIP approved PSD program addresses requirements in part 

C of title I of the CAA. Based upon EPA’s review of the four July 15, 2014 infrastructure SIP 

submittals, EPA finds that the Commonwealth has met its obligations pursuant to 

110(a)(2)(D)(i)(II) for the part C permit program for all four NAAQS. 

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

Section 110(a)(2)(D)(ii) requires the SIP to contain adequate provisions to insure compliance 

with applicable requirements of sections 115 and 126 of the CAA relating to interstate and 

international pollution abatement.

Except for the 2010 SO2 NAAQS, the Commonwealth has no current or pending obligations

pursuant to CAA sections 126 and 115 for the 2008 ozone, 2010 NO2 or 2012 PM2.5 NAAQS. 

Pursuant to section 126 of the CAA, on November 7, 2011, EPA promulgated SO2 emission 

limitations and reporting requirements for the coal-fired boilers (Units 1 and 2) at the Portland 

Generating Station located in Northampton County, Pennsylvania (Portland Facility) after EPA 

made a finding that the coal-fired units at the Portland Facility significantly contribute to 

nonattainment for the 1-hour 2010 SO2 NAAQS in New Jersey. See 76 FR 69052 (relating to 

final response to petition from New Jersey regarding SO2 emissions from the Portland Facility). 

The federally enforceable SO2 emission limitations and reporting requirements for the coal-fired 

boilers (Units 1 and 2) at the Portland Facility are established in 40 CFR § 52.2039. 

The limits and requirements in 40 CFR § 52.2039, are “applicable requirements” as defined in 25 

Pa. Code § 121.1 (which is included in the federally enforceable Pennsylvania SIP) because they 

have been promulgated or approved by the EPA under the CAA or the regulations adopted under 

the CAA through rulemaking. As applicable requirements, they must therefore be included in a 

Title V operating permit pursuant to 25 Pa. Code § 127.502. However a revision will not be 

required if, among other things, less than three years remain in the permit term. 25 Pa. Code § 

127.463(c). In the case of the Portland Facility, whose Title V permit expired on January 31, 

2005, the terms and conditions of that permit are automatically continued pending issuance of 
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the new permit. 25 Pa. Code § 127.446(c). Regardless of whether a revision is required under 

25 Pa. Code § 127.463, the permittee of the Portland Facility is required to meet the applicable 

standards in 40 CFR § 52.2039 by the Pennsylvania SIP, within the timeframe required by those 

standards. 25 Pa. Code § 127.463(e). Pennsylvania’s Title V program is an approved Title V 

program. PADEP has authority to enforce compliance with the terms of any Title V operating 

permit through 25 Pa. Code § 127.513. Each Title V permit must contain provisions to, among 

other things, allow PADEP to sample or monitor at reasonable times substances or parameters 

for the purpose of assuring compliance with the permit or applicable requirements authorized by 

the CAA. 25 Pa. Code § 127.513(2)(iv). Therefore, the Pennsylvania SIP contains provisions in 

25 Pa. Code §§ 121.1 and 127.463 (in addition to its federally approved Title V operating permit 

program) which insure compliance with the emission limits and reporting requirements EPA 

established for the Portland Facility because the limits and requirements are applicable requirements, 

subject to inclusion in the Portland Facility’s Title V permit, and directly enforceable by PADEP 

through the federally approved SIP provision at 25 Pa. Code 127.463. EPA discussed in section 

110(a)(2)(C) above Pennsylvania’s SIP program which provides for enforcement of emission 

limitations and control measures, such as the SO2 limits for the Portland Facility applicable 

through 25 Pa. Code § 127.463. 

Therefore, EPA finds the infrastructure SIP submissions for all four NAAQS meet obligations 

pursuant to 110(a)(2)(D)(ii) to insure compliance with applicable requirements of sections 115 

and 126 for all four NAAQS. 

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

Pursuant to section 110(a)(2)(E), a SIP should provide: (1) necessary assurances the state has 

adequate personnel, funding and authority to carry out the SIP; (2) requirements that the state 

complies with section 128 of the CAA regarding state boards; and (3) necessary assurances the 

state has responsibility to ensure adequate implementation of the SIP where the state relies on a 

local or regional government or agency for implementing any SIP provision. 

According to the infrastructure SIP submittals, 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 in Pennsylvania also 

receives revenue from fines and penalties for violations of the APCA (which are deposited into 

the Commonwealth’s Clean Air Fund for elimination of air pollution), from federal funds under 

sections 105 and 103 of the CAA, from special federal funds for PM2.5, and from state general 

appropriations. PADEP also indicated that it has adequate personnel along with funding and 

authority to carry out the SIP. The local agencies (AMS and ACHD) also receive sections 105 

and 103 funds directly from EPA, have their own authority to collect Title V and other permit 

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.
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According to the infrastructure SIP submittals, 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 infrastructure SIP submittals, 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. 

EPA approved a SIP revision for Pennsylvania on October 16, 2014 (79 FR 62003) that 

addresses requirements in section 128 of the CAA and 110(a)(2)(E)(ii) regarding state boards. 

Therefore, as indicated in the Commonwealth’s submittals, the requirements for E(ii) have been 

met for all four NAAQS. 

Finally, the above referenced infrastructure SIP submittals indicate 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 Philadelphia AMS and 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 infrastructure SIP submittals and the 

Infrastructure Guidance, EPA finds the Commonwealth has met its obligations pursuant to 

110(a)(2)(E) for the four July 15, 2014 infrastructure SIP submittals for all four NAAQS. 

6. Section 110(a)(2)(F)
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According to section 110(a)(2)(F), a SIP shall require as prescribed by EPA the installation, 

maintenance and replacement of equipment to monitor emissions by owners or operators of 

stationary sources, periodic reports on emissions from such sources, and correlation of such 

emission reports by the state with emission limitations established by the CAA. 

According to the above referenced infrastructure SIP submittals, regulatory requirements related 

to sampling, testing and monitoring 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. The provisions 

in 25 Pa. Code Chapters 135 and 139 are in the approved Pennsylvania SIP. Area, mobile, and 

non-road data are reported 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 PADEP 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 and 

additional requirements related to monitoring, recordkeeping and reporting required by the CAA 

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 are part of the approved Pennsylvania SIP.

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. 

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.

Also, according to the above referenced infrastructure SIP submittals, 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 
12

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.

The infrastructure SIP submittals also provide that stationary facilities are required to submit an 

Annual Emission Statement (AES) with NOx, sulfur oxides (SOX), VOC, course particulate 

matter (PM10), PM2.5, ammonia (NH3), and carbon monoxide (CO) emissions of 1.0 ton per year 

or more per sub facility on a sub facility by sub facility basis. PADEP supplies facilities with 

reporting instructions in the document “Instructions for Completing the Annual Emission 

Statement Reporting Forms – rev 11/2007” (DEP Document #2700-BK-DEP1936). All 

emissions reported on the AES are entered into PADEP’s computer system: Air Information 

Management System/environment, Facility, Application, Compliance Tracking System 

(AIMS/eFACTS). The public can search the eFACTS system online at the website 

http://www.ahs.dep.pa.gov/eFACTSWeb/default.aspx to find facility specific reports or reports 

of all facilities emitting a specific pollutant. The public can request copies of permits or other 

non-confidential information by contacting PADEP directly. Additionally, AIMS/eFACTS data 

is provided to the federal National Emission Inventory (NEI) database and to other state agencies 

and the public upon request. 

Based upon EPA’s review of the infrastructure SIP submittals and upon the Infrastructure 

Guidance, EPA finds the infrastructure SIP submittals meet obligations and requirements in 

section 110(a)(2)(F) for all four NAAQS. 

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

Section 110(a)(2)(G) requires states to provide authority to address activities causing imminent 

and substantial endangerment to public health, including contingency plans to implement 

emergency episode provisions in their SIPs if applicable.

According to the infrastructure SIP submittals for the four NAAQS, the Commonwealth has 

adequate general emergency powers to address Ozone, NO2, SO2, and PM2.5 air pollution 

episodes, as appropriate and necessary. Enabling authority comparable to Section 303 of the 

CAA for the Commonwealth’s “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 Pennsylvania’s “Emergency 

Episodes” and related plans are found in 25 Pa. Code Chapter 137 which are included in the 

Pennsylvania SIP and 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). Pennsylvania’s contingency plans meet the 

requirements in 40 CFR Part 51 subpart H. 

EPA has not set levels for the priority areas and has not set a significant harm level for any PM2.5

NAAQS. However, for the 24-hour 2006 PM2.5 NAAQS, EPA recommended these levels 
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through guidance.3 In the September 25, 2009 Guidance for the 2006 PM2.5 NAAQS, EPA

suggested that states that had monitored and recorded 24-hour PM2.5 levels greater than 140.4 

μg/m3, using the most recent three years of data, should develop emergency episode plans for the 

areas with the monitored values. EPA also suggested that, if these levels had not been exceeded, 

states could certify that they had adequate general emergency authority to address PM2.5

episodes. Based on a review of the most recent certified data for four years 2010-2013, the 

Commonwealth continues to meet this recommended criteria for PM2.5. The maximum 24 hour 

level of PM2.5 during that time period was 69.9 μg/m3 which occurred at the Liberty monitor in 

2010. Since the Commonwealth has sufficient emergency powers in the APCA, it does not need 

specific emergency episode plans for the 2012 PM2.5 NAAQS. 

Based upon EPA’s review of the above referenced infrastructure SIP submittals, and air quality 

data (put into record), EPA finds that the Commonwealth’s infrastructure SIP submissions for 

the four NAAQS meet requirements in 110(a)(2)(G) for the four NAAQS. 

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

Section 110(a)(2)(H) requires that SIPs provide for revision of the plan from time to time as may 

be necessary to take account of revisions of the NAAQS or the availability of improved or more 

expeditious methods of attaining the standards and to revise the plan whenever EPA finds that 

the SIP is substantially inadequate to attain the NAAQS or to otherwise comply with any 

additional requirements under the CAA. 

According to the above referenced infrastructure SIP submittals, Section 4(1) of the APCA, 35 

P.S. § 4004(1), empowers PADEP to implement the provisions of the CAA. Section 5 of the 

APCA, 35 P.S. § 4005, authorizes the Environmental Quality Board (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 and is part of the 

approved Pennsylvania SIP. The revised standards are effective in Pennsylvania on the same 

effective date set forth in the Federal Register for each new or revised NAAQS. PADEP states 

in the infrastructure SIP submittals that it has revised and will continue to revise the SIP as may 

be necessary whenever EPA revises the primary or secondary NAAQS and when, if ever, EPA 

finds the SIP is substantially inadequate to attain the NAAQS or otherwise to comply with the 

CAA. PADEP states that it 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 infrastructure SIP submittals and the 

Infrastructure Guidance, EPA finds the infrastructure SIP submittals for the four NAAQS meet 

obligations pursuant to 110(a)(2)(H) for all four NAAQS. 

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

 

3 See Memorandum from William T. Harnett, Director, Air Quality Policy Division, Office of Air Quality and 

Planning Standards, to Regional Air Division Directors, Regions I through X, “Guidance on SIP Elements Required 

Under Sections 110(a)(1) and (2) for the 2006 Fine Particle (PM2.5) National Ambient Air Quality Standards 

(NAAQS).” (September 25, 2009 Guidance). This guidance can be found at this link: 

http://www.epa.gov/ttn/caaa/t1/memoranda/20090925_harnett_pm25_sip_110a12.pdf . 
14

According to section 110(a)(2)(J), a SIP shall meet the applicable requirements of section 121 of 

the CAA (relating to consultation), section 127 of the CAA (relating to public notification), and 

part C of title I of the CAA (relating to PSD and visibility protection).

Consultation and Public Notification

According to the above referenced infrastructure SIP submittals, the APCA provides general 

enabling authority for interaction with the public, Federal land managers and local government. 

Section 4, 35 P.S. § 4004, provides adequate authority for PADEP’s public participation process 

for the review of proposed SIP revisions, as required under CAA Section 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. 

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

PADEP, 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 SIPs), 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 PADEP does not have 

any regulations, applicable to PADEP’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 and comment on a SIP during the public comment period. 

PADEP uses its Web site to fulfill the requirement for public notification under section 127. 

PADEP makes real-time monitoring data for all four NAAQS available at 

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

public on its Web site at http://www.achd.net/air/monitor-data.html. AMS makes monitoring 

data available on its Web site at http://www.phila.gov/aqi/realtime.aspx. PADEP’s website 

therefore provides information for the public when a NAAQS is exceeded by providing access to 

monitoring data which enhances public awareness. 

EPA finds the infrastructure SIP submittals for the four NAAQS address requirements in 

110(a)(2)(J) for consultation and notification as required in sections 121 and 127 of the CAA. 

Part C Requirements- PSD

As discussed in more detail for section 110(a)(2)(C) requirements, Pennsylvania’s SIP 

incorporates by reference the Federal PSD provisions in 40 CFR 52.21 for the Commonwealth’s 

PSD permitting program as required by part C of title I of the CAA. Whenever EPA 

promulgates any PSD amendments for the four NAAQS, the provisions will automatically be 
15

adopted and incorporated in the Pennsylvania Code through the incorporation by reference 

mechanism. ACHD SIP revision for PSD was approved by EPA on February 28, 2013 (78 FR 

13493), and an AMS SIP Revision for PSD was approved by EPA on March 28, 2003 (68 FR 

15060). All of the PSD SIP revisions are codified in 40 CFR 52.2020.

With respect to element (J) in section 110(a)(2) of the CAA, EPA interprets the CAA to require 

each state to make an infrastructure SIP submission for a new or revised NAAQS that 

demonstrates that the air agency has a complete PSD permitting program meeting the current 

requirements for all regulated NSR pollutants. The requirements of element D(i)(II) in section 

110(a)(2) may also be satisfied by demonstrating the air agency has a complete PSD permitting 

program correctly addressing all regulated NSR pollutants. The Commonwealth has shown that 

it currently has a PSD program in place that covers all regulated NSR pollutants, including 

GHGs. 

On June 23, 2014, the United States Supreme Court issued a decision addressing the application 

of PSD permitting requirements to GHG emissions. Utility Air Regulatory Group v. 

Environmental Protection Agency, 134 S.Ct. 2427. The Supreme Court said that the EPA may 

not treat GHGs as an air pollutant for purposes of determining whether a source is a major source 

required to obtain a PSD permit. The Court also said that the EPA could continue to require that 

PSD permits, otherwise required based on emissions of pollutants other than GHGs, contain 

limitations on GHG emissions based on the application of BACT. In order to act consistently 

with its understanding of the Court’s decision pending further judicial action to effectuate the 

decision, the EPA is not continuing to apply EPA regulations that would require that SIPs 

include permitting requirements that the Supreme Court found impermissible. Specifically, EPA 

is not applying the requirement that a state’s SIP-approved PSD program require that sources 

obtain PSD permits when GHGs are the only pollutant (i) that the source emits or has the 

potential to emit above the major source thresholds, or (ii) for which there is a significant 

emissions increase and a significant net emissions increase from a modification (e.g. 40 CFR 

51.166(b)(48)(v)). EPA anticipates a need to revise federal PSD rules in light of the Supreme 

Court opinion. In addition, EPA anticipates that many states will revise their existing SIPapproved PSD programs in light of the Supreme Court’s decision. The timing and content of 

subsequent EPA actions with respect to the EPA regulations and state PSD program approvals 

are expected to be informed by additional legal process before the United States District Court 

for the District of Columbia Circuit. At this juncture, EPA is not expecting states to have revised 

their PSD programs for purposes of infrastructure SIP submissions and is only evaluating such 

submissions to assure that the state’s program correctly addresses GHGs consistent with the 

Supreme Court’s decision.

At present, EPA has determined the Pennsylvania SIP is sufficient to satisfy elements C, D(i)(II), 

and J of Section 110(a)(2) with respect to GHGs because the PSD permitting program 

previously-approved by EPA into the SIP continues to require that PSD permits (otherwise 

required based on emissions of pollutants other than GHGs) contain limitations on GHG 

emissions based on the application of BACT. Although the approved Pennsylvania PSD 

permitting program may currently contain provisions that are no longer necessary in light of the 

Supreme Court decision, this does not render the infrastructure SIP submission inadequate to 

satisfy elements C, (D)(i)(II), and J in section 110(a)(2) of the CAA. The SIP contains the 

necessary PSD requirements at this time, and the application of those requirements is not 
16

impeded by the presence of other previously-approved provisions regarding the permitting of 

sources of GHGs that EPA does not consider necessary at this time in light of the Supreme Court 

decision. Accordingly, the Supreme Court decision does not affect EPA’s proposed approval of 

Pennsylvania’s infrastructure submittals as to the requirements of element J for PSD for section 

110(a)(2). 

Part C Requirements- Visibility Protection

All four of Pennsylvania’s July 15, 2014 infrastructure SIP submittals state that these submitted

SIP revisions do not address requirements under section 110(a)(2)(J) relating to visibility. The 

SIP submittals cite to EPA’s September 2013 Infrastructure Guidance which provided that air 

agencies do not need to address the visibility sub-element of section 110(a)(2)(J) in infrastructure 

SIP submissions because there are no new applicable visibility protection obligations under part 

C of title I of the CAA triggered upon promulgation of a new or revised NAAQS. 

EPA has reviewed the four infrastructure SIP submittals and the Infrastructure Guidance. When 

EPA establishes or revises a NAAQS, the visibility requirements in part C of title I of the CAA 

(for RAVI, new source review for possible impacts on air quality related values in Class 1 areas, 

and regional haze planning) do not change. Therefore, EPA concludes that there are no new 

applicable visibility protection obligations under 110(a)(2)(J) from any of the four NAAQS

relevant to this TSD. Pennsylvania followed our Infrastructure Guidance which provided that 

Air agencies did not need to address the visibility sub-element of 110(a)(2)(J) for an 

infrastructure SIP submission.

Based upon EPA’s review of the above referenced infrastructure SIP submittals and upon review 

of the Infrastructure Guidance, EPA finds that the Commonwealth has met its obligations 

pursuant to CAA section 110(a)(2)(J) for all four July 15, 2014 infrastructure SIP submittals for 

all four NAAQS. 

 

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

Section 110(a)(2)(K) requires that each SIP provide for: (i) the performance of such air quality 

modeling as EPA may prescribe for the purpose of predicting the effect on ambient air quality of 

any emissions of any air pollutant for which EPA has established a NAAQS; and (ii) the 

submission, upon request, of data related to such air quality modeling to EPA.

According to the above referenced infrastructure SIP submittals, 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 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 

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

prescribed by EPA under section 110(a)(2)(K) of the CAA. 
17

The Commonwealth’s SIP approved PSD program contains appropriate modeling requirements

because the Commonwealth incorporates by reference the Federal PSD requirements including 

those for modeling. 

In addition, according to the above referenced infrastructure SIP submittals, 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 PADEP to perform modeling as required under 

the CAA to demonstrate attainment of the NAAQS. Pennsylvania will continue to perform 

modeling as authorized by the APCA and 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 infrastructure SIP submittals for the four 

NAAQS and upon the Infrastructure Guidance, EPA finds the infrastructure SIP submittals meet

obligations pursuant to 110(a)(2)(K) for all four NAAQS. 

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

Section 110(a)(2)(L) requires SIPs to require the owner or operator of each major stationary 

source to pay to the permitting authority, as a condition of any permit by the CAA, a fee 

sufficient to cover: (i) the reasonable costs of reviewing and acting upon any application for such 

a permit; and (ii) if the owner or operator receives a permit for such source, the reasonable costs 

of implementing and enforcing the terms and conditions of any such permit, until such fee 

requirement is superseded with respect to such sources by EPA's approval of a fee program 

under title V of the CAA.

According to the above referenced infrastructure SIP submittals, 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 and permit fees in 25 Pa Code Chapter 127, Subchapter G, was approved by EPA in 

1996 (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 FR 39597 (July 30, 1996). 

According to the infrastructure SIP submittals, while permit fees are standardized for the entire 

Commonwealth, collection of fees and title V permitting activities are shared by PADEP, 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. PADEP 

collects permit fees and administers the title V permitting program for the rest of the state. 

PADEP 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. Pennsylvania states in its 

infrastructure SIP submittals that the permitting fees in its approved SIP and in the approved title 

V program cover reasonable costs of reviewing and acting upon permit applications and 

reasonable costs of implementing and enforcing permit terms. 
18

Based upon EPA’s review of the above referenced infrastructure SIP submittals and upon the 

Infrastructure Guidance, EPA finds the infrastructure SIP submittals for the four NAAQS meet 

obligations pursuant to 110(a)(2)(L) for all four NAAQS. 

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

Section 110(a)(2)(M) requires states to provide for consultation and participation in SIP 

development by local political subdivisions affected by the SIP.

According to the above referenced infrastructure SIP submittals, the APCA provides adequate 

authority for PADEP’s practices of consultation and participation in SIPs with local 

governments, the public and Federal land managers, as required under sections 121 and 127 of 

the CAA and notification of NAAQS violations as required in section 127. It also provides 

authority for the public education efforts described in 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. Additional discussion of Pennsylvania’s provisions for 

consultation and participation is provided above in the analysis for 110(a)(2)(J).

According to the above referenced infrastructure submittals, PADEP and local agencies, ACHD 

and AMS, make real-time and historical air quality information available on their web sites. 

Based upon EPA’s review of the above referenced infrastructure SIP submittals and the 

Infrastructure Guidance, EPA finds that the infrastructure SIP submittals for the four NAAQS 

meet the Commonwealth’s obligations pursuant to 110(a)(2)(M) for all four NAAQS. 

F. CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of Pennsylvania’s infrastructure submittals for the four NAAQS concludes that 

Pennsylvania’s submittals meet the requirements for section 110(a)(2)(A), (B), (C), 

(D)(i)(II)(PSD), D(ii), (E), (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 

submittals for the four NAAQS for the elements identified above.