REVISION TO ALLEGHENY COUNTY’S PORTION

of the

PENNSYLVANIA STATE IMPLEMENTATION PLAN

for the

ATTAINMENT AND MAINTENANCE 

of the

NATIONAL AMBIENT AIR QUALITY STANDARDS

_______________________________

(Revision Tracking No. 66)

Amendment to

Definition of Major Source and the New Source Review Regulations
Amendment to Allegheny County Health Department

Definition of Major Source and the New Source Review 

Regulations

(Revision Tracking No. 66)

Table of Contents

A. Summary of actions

1. Change in definition of major source

2. Change in New Source Review regulations

B. Changes to regulations

C. Comparison of Article XXI Changed NSR regulations to PADEP Title 25 

NSR regulations

D. Documentation of public hearing and certifications

1. Public Hearing Notice

2. Proof of Publication of Hearing

3. Notices to US EPA and PA DEP

4. Certification of Hearing

5. Summary of Comments and Responses
A

Summary of Actions

A.1. Change in Article XXI Definition of Major Source

The Environmental Protection Agency (EPA) published a “Prevention of Significant 

Deterioration and Title V Greenhouse Gas Tailoring Rule” in the Federal Register on 

June 3, 2010 (75 FR 31514). In this action, EPA tailored the applicability criteria that 

determine which stationary sources and modification projects become subject to 

permitting requirements for greenhouse gas (GHG) emissions under the Prevention of 

Significant Deterioration (PSD) and Title V programs of the Clean Air Act (CAA or 

Act). Without this rule PSD and Title V requirements would have applied, as of January 

2, 2011, at the 100 or 250 tons per year (tpy) levels provided under the CAA, greatly 

increasing the number of required permits, imposing undue costs on small sources, 

overwhelming the resources of permitting authorities, and severely impairing the 

functioning of the programs. EPA relieved these resource burdens by phasing in the 

applicability of these programs to GHG sources, starting with the largest GHG emitters.

The EPA Administrator then requested information concerning the implementation of the 

Tailoring Rule in state and local permitting programs. Specifically, EPA requested that 

states explain whether they will apply the meaning of the term "subject to regulation" as 

established by EPA in the June 3, 2010 rule. For states applying the meaning of the term 

"subject to regulation," EPA wanted to know whether the states intend to do so without 

undertaking a regulatory or legislative process." 75 Fed. Reg. 31525.

In Allegheny County’s letter of response, the County said 

“The Allegheny County Title V program was approved by EPA on November 1, 

2001, effective December 17, 2001. (See 66 FR 55112.) All major sources, as 

defined in Article XXI are required to obtain and operate under a major source 

operating permit. The definition of “major source” in Article XXI includes, “a 

stationary source of air pollutants that directly emits or has the potential to emit, 

100 tpy or more of any air pollutant...” Article XXI does not include a definition 

of air pollutant, and so has been interpreted to use the Clean Air Act definition, 

which would include greenhouse gas emissions. Therefore, greenhouse gas 

emissions could and will be included in future Title V permits. 

We do not find in our regulations or our Title V program submission sufficient 

regulatory authority to limit the Title V program to the limits contained in the 

Tailoring Rule.”

In an December 2010 action, EPA finalized additional rulemaking to narrow EPA’s 

previous approval of state and local Title V operating permit programs that apply (or may 
apply) to GHG-emitting sources. [75 fr 82246] Specifically, in this final rule, EPA 

narrowed its previous approval of certain state or local permitting thresholds for GHG 

emissions so that only sources that equal or exceed the GHG thresholds established in the 

final Tailoring Rule would be covered as major sources by the Title V permits. By raising 

the GHG thresholds that apply title V permitting to major sources in the affected States, 

this final rule reduced the number of sources that would be issued Title V permits and 

thereby significantly reduce permitting burdens for permitting agencies and sources alike 

in those States.

Although the December action by EPA limits the title V requirements of major sources, 

an ambiguity remains between the Article XXI regulations and the federal program. By 

making the proposed minor changes to the Article XXI definition of major source, the 

County would correct this ambiguity. The change is simply to reference the federal 

definition of “air pollutant” and “subject to regulation.”
A.2 Change in Article XXI New Source Review Regulations

The primary goal of the Clean Air Act (CAA) (42 U.S.C.A. §§ 7401--7642) is to ensure 

the attainment and maintenance of air quality under the National Ambient Air Quality 

Standard (NAAQS) requirements under section 110 of the CAA (42 U.S.C.A. § 7410). 

Section 107 of the CAA (42 U.S.C.A. § 7407) and section 110 of the CAA give each 

state primary responsibility for assuring that air quality within its borders is maintained at 

a level consistent with the NAAQS. This responsibility is achieved through the 

establishment of source-specific requirements in SIPs addressing the NAAQS.

A primary means of achieving the NAAQS is through the New Source Review (NSR) 

program, which places preconstruction review and permitting requirements on certain 

new and modified sources of air pollution to protect public health and air quality. The 

nature of the requirements depends on whether the source is to be located in an area that 

attains, or does not attain, the NAAQS for the pollutant in question.

There are two sets of regulatory requirements that subject new and modified sources to 

more stringent levels of control--the Prevention of Significant Deterioration (PSD) under 

Title I, Part C of the CAA (42 U.S.C.A. §§ 7470--7479) and the nonattainment NSR 

requirements under Title I, Part D of the CAA (42 U.S.C.A. §§ 7501--7515) under the 

NSR preconstruction permitting program. This submittal affects the Allegheny County 

nonattainment NSR regulations.

The NSR program subjects major new or ''modified'' sources of air pollution to 

preconstruction review and permitting requirements. The purpose of the NSR program is 

to ensure that the proposed source meets all applicable air quality requirements before it 

is constructed. The nature of the NSR preconstruction requirements depends upon 

whether the source is to be located in an area that meets or fails to meet the applicable 

ambient air quality standards. Major stationary sources located in attainment areas are 

subject to the PSD permit program. 

From December 2002 through September 2006, a number of federal actions were taken 

that resulted in changes to the NSR requirements. EPA promulgated changes to 

regulations for reviewing new major sources. These New Source Review regulations 

made significant changes to the older review program. EPA required states and local 

agencies to adopt the changes or demonstrate how the state or local regulations were 

“equivalent.”

The Pennsylvania Department of Environmental Protection (PADEP) then adopted a set 

of regulation changes and demonstrated equivalency to the federal rules. On May 19, 

2007 Pennsylvania’s changes to 25 Pa. Code Chapters 121 and 127 related to NSR were 

published in the Pennsylvania Bulletin at 37 Pa.B. 2365. At the same time, Pennsylvania 

identified in 37 Pa. B 2365 where the state regulations differed from the federal
requirements and where they were equivalent. Pennsylvania submitted these changes to 

EPA as a SIP revision on August 9, 2007. To date these regulations have not been 

approved by the Environmental Protection Agency. 

The changes to Article XXI proposed in this document will bring the Allegheny County 

regulations to equivalency with the state regulations. A table comparing the proposed 

County regulations to those of Pennsylvania is found in Item C, below.

The most significant changes to this proposed regulation are:

· Using actual and projected actual emission rates to determine whether a source is 

subject to New Source Review, rather than potential or allowed emission rates,

· Ten years will be used in reviewing “contemporaneous emission changes” to 

determine a net emissions increase at the facility. A five-year “look back” remains 

in the regulation when reviewing that specific project alone. 

· Some emission offset ratios will be changed,

· Actual emissions calculations (average rate in tons/year) will be based on 24-

months, rather than two calendar years, and

· Plantwide Applicability Limits (PALs) may be permitted in accordance with the 

regulations set by the state.
B.

Allegheny County Health Department

Changes to New Source Review Regulations and Major Source Definition–

2101.20 DEFINITIONS

...

"Major source" means any stationary source, or any group of stationary sources, that is 

located on one or more contiguous or adjacent properties, is under common control of the 

same person (or persons under common control), and is described as follows: 

 a. For pollutants other than radionuclides, any stationary source or group of 

stationary sources located within a contiguous area and under common control 

that emits or has the potential to emit, in the aggregate, ten tons per year (10 tpy) 

or more of any hazardous air pollutant, 25 tpy or more of any combination of such 

hazardous air pollutants, or such lesser quantity as the Administrator may 

establish by rule. Notwithstanding the preceding sentence, emissions from any oil 

or gas exploration or production well (with its associated equipment) and 

emissions from any pipeline compressor or pump station shall not be aggregated 

with emissions from other similar units, whether or not such units are in a 

contiguous area or under common control, to determine whether such units or 

stations are major sources;

 b. For radionuclides, any "major source" as shall be defined by the Administrator by 

rule;

 c. A stationary source of air pollutants that directly emits or has the potential to 

emit, 100 tpy or more of any air pollutant (as defined in section 302 of the Clean 

Air Act) subject to regulation in accordance with 40 CFR Part 70 (including 

any major source of fugitive emissions of any such pollutant, as determined by 

rule by the Administrator). The fugitive emissions of such a stationary source 

shall not be considered in determining whether it is a major source, unless the 

source belongs to one of the following categories of stationary source:

1. Coal cleaning plants (with thermal dryers);

2. Kraft pulp mills;

3. Portland cement plants;

4. Primary zinc smelters;

5. Iron and steel mills;

6. Primary aluminum ore reduction plants;

7. Primary copper smelters;

8. Municipal incinerators capable of charging more than 250 tons of refuse per day;

9. Hydrofluoric, sulfuric, or nitric acid plants;

10. Petroleum refineries;

11. Lime plants;

12. Phosphate rock processing plants;
13. Coke oven batteries;

14. Sulfur recovery plants;

15. Carbon black plants (furnace process);

16. Primary lead smelters;

17. Fuel conversion plant;

18. Sintering plants;

19. Secondary metal production plants;

20. Chemical process plants;

21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

BTU's/hr. heat input;

22. Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels;

23. Taconite ore processing plants;

24. Glass fiber processing plants;

25. Charcoal production plants;

26. Fossil-fuel-fired steam electric plants of more than 250 million BTU's per hour 

heat input; or

27. All other stationary source categories regulated by a standard promulgated under 

Section 111 or 112 of the Clean Air Act, but only with respect to those air pollutants that 

have been regulated for that category;

 d. For ozone nonattainment areas, sources with the potential to emit, including 

fugitive emissions, 100 tpy or more of volatile organic compounds or oxides of 

nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas 

classified as "serious," 25 tpy or more in areas classified as "severe," and ten (10) 

tpy or more in areas classified as "extreme"; except that the references in this 

paragraph to 100, 50, 25, and ten (10) tpy of nitrogen oxides shall not apply with 

respect to any source for which the Administrator has made a finding, under 

Section 182(f)(1) or (2) of the Clean Air Act, that requirements under Subsection 

182(f) of the Act do not apply;

 e. For ozone transport regions established pursuant to Section 184 of the Clean Air 

Act, sources with the potential to emit, including fugitive emissions, 50 tpy or 

more of volatile organic compounds;

 f. For carbon monoxide nonattainment areas:

1. That are classified as "serious;" and

2. In which stationary sources contribute significantly to carbon 

monoxide levels as determined under rules issued by the Administrator, 

sources with the potential to emit 50 tpy or more of carbon monoxide; or

 g. For PM-10 nonattainment areas classified as "serious," sources with the potential 

to emit 70 tpy or more of PM-10.
 h. For the purposes of Part C, Subpart 2, only those stationary source or groups of 

stationary sources that are part of a single industrial group shall be a major source. 

A single industrial grouping means that all of the pollutant emitting activities at 

such source or group of sources on contiguous or adjacent properties belong to the 

same Major Group (i.e., all have the same two-digit code) as described in the 

most recent Standard Industrial Classification Manual.

* * * * * * * * *

"Major modification" means any physical change or change in the method of operation 

of a major source that, determined through the requirements of 25 Pa. Code 

§127.203a and 127.204, would result in an increase in emissions equal to or 

exceeding an emission rate threshold or significance level specified in 25 Pa. 

Code §127.203. A physical change or change in the method of operation does not 

include routine repairs and maintenance, a change in the hours of operation, or an 

increase in the rate of production unless prohibited by a permit condition. {amended 

September 6, 1995, effective October 20, 1995}

* * * * * * * * *

2102.04 INSTALLATION PERMITS

. . .

g. Term. An Installation Permit shall expire in 18 months if construction has 

not commenced within such period or shall expire one (1) year 18 months after such 

construction has been suspended, if construction is not resumed within such period. In 

any event, an Installation Permit shall expire upon completion of construction, except that

Installation Permits shall authorize temporary operation to facilitate shakedown of 

sources and air cleaning devices, to permit operations pending issuance of a related 

subsequent Operating Permit, or to permit the evaluation of the air contamination aspects 

of the source. Such temporary operation period shall be valid for a limited time, not to 

exceed 180 days, but may be extended for additional limited periods, each not to exceed 

120 days, except that no temporary operation shall be authorized or extended which may 

circumvent the requirements of this Article.

For major sources, if the construction, modification or 

installation is not commenced within 18 months of the issuance of an installation 

permit or if there is more than an 18-month lapse in construction, modification, or 

installation, a new installation permit application shall be submitted. The 

Department may extend the 18-month period upon a satisfactory showing that an 

extension is justified.

* * * * * * * * *
§2102.06 MAJOR SOURCES LOCATING IN OR IMPACTING A 

NONATTAINMENT AREA

a. Applicability. This Section shall apply to any major new source new major 

facility, as defined by 25 PA Code 121.1 and to any major modification of an 

existing source which is located in a nonattainment area or transport region of the 

County or which will have a significant air quality impact on any nonattainment 

area or transport region. The requirements of this Section shall apply only with 

regard to those air contaminants for which such source or modification is a major 

source or modification and for which such area is a nonattainment area or transport 

region. This Section shall also apply with respect to emissions of volatile organic 

compounds and nitrogen oxides for those areas which are nonattainment with 

respect to ozone. This Section shall also apply with respect to emissions of sulfur 

dioxide, nitrogen oxides, and volatile organic compounds for those areas which are 

nonattainment with respect to PM-10. Procedures in 25 Pa. Code 127.203a shall 

be followed in determining whether any modification at a major source is 

determined to be a major modification.

1. 4. Application Consistent with State Regulations. Except as otherwise 

specifically provided under this Section, this Section shall be applied consistent 

with the provisions of the state regulation for New Source Review Applicability 

Determination promulgated under the Air Pollution Control Act at 25 Pa. Code 

§127.211 127.203 (except 127.203(b)), 127.203a, and 127.204, which is are

hereby incorporated by reference into this Article Subsection. All terms used 

in 25 PA Code 127.203 (except 127.203(b)), 127.203a, and 127.204, and 

defined in 25 PA Code Section 121.1 are incorporated by reference, except 

as explicitly set forth herein. Additions, revisions, or deletions to such 

regulation by the Commonwealth are incorporated into this Article Subsection

and are effective on the date established by the state regulations, unless 

otherwise established by regulation under this Article. 

2. For purposes of this Subsection:

A. "Department" shall mean Department as defined under this Article;

and

B. "Plan approval" shall mean Installation Permit.

1. Reconstructed Sources. For purposes of this Section, 

reconstructed sources shall be considered new sources. For purposes of this 

Section, reconstruction triggering the application of this Section will be presumed 

to have taken place when the fixed capital cost of the new components exceeds 

50% of the fixed capital cost of a comparable entirely new stationary source. Any 

final determination as to whether such a reconstruction has occurred shall be 

made by the Department based on:
A. Fixed capital cost of the new components in comparison to the 

fixed capital cost that would be required to construct a comparable 

entirely new source.

B. Estimated life of the source after the replacements compared to the 

life of a comparable entirely new source.

C. The extent to which the components being replaced cause or 

contribute to the emissions from the source.

For those reconstructed sources which are subject to the requirements of 

this Section, the Department shall take into account technical or economic 

limitations which are inherent in the particular reconstruction in 

determining the LAER standard for such sources.

3.2. Incremental Construction. Where a source is constructed or modified in 

increments which individually have not met the requirements of this 

Section, this Section shall apply to all such increments when the sum of 

emissions from such increments for which an Installation Permit was 

issued after July 1, 1979, cause such source or modification to become a 

major source or modification. Circumvention. Regardless of the 

exemptions provided in this section, an owner or other person may 

not circumvent this section by causing or allowing a pattern of 

ownership or development, including the phasing, staging, delaying or 

engaging in incremental construction, over a geographic area of a 

source which, except for the pattern of ownership or development, 

would otherwise require a permit or submission of an installation 

permit application. In determining the LAER standard for such 

increments, the Department shall consider the stage of construction of 

each increment and the feasibility of installing additional air pollution 

controls on each.

3. Secondary Emissions. Secondary emissions shall not be 

considered in determining whether this Section applies to a new or 

modified source. If, however, this Section otherwise applies to such 

source, the requirements of this Section shall also apply to all secondary 

emissions which impact the same general nonattainment area as emissions 

from the source, except that Paragraphs b.1 and 2 shall not apply to any 

secondary emissions which are not under the control of the applicant.

b. Conditions for Approval. The Department shall not issue an Installation Permit, 

or issue, amend, modify, or reissue a related Operating Permit, for any source to 

which this Section applies unless the applicant demonstrates that all of the 

following conditions are met:
1. Except as otherwise specifically provided under this Subsection, 

conditions for approval of an installation permit shall be applied 

consistent with the provisions of the state regulation for New Source 

Review promulgated under the Air Pollution Control Act at 25 Pa. Code 

§127.201 through 127.205 (except 127.201(f)), which are hereby 

incorporated by reference into this Subsection. All terms used in 25 PA 

Code§127.201 through 127.205 (except 127.201(f), and defined in 25 PA 

Code Section 121.1 are incorporated by reference, except as explicitly 

set forth herein. Additions, revisions, or deletions to such regulations

by the Commonwealth are incorporated into this Subsection and are 

effective on the date established by the state regulations, unless 

otherwise established by regulation under this Article.

2. For purposes of this Subsection:

A. "Department" shall mean Department as defined under this Article;

B. "Plan approval" shall mean Installation Permit; 

C. "Title V Permit" shall mean an Operating Permit issued under 

Subpart C;

D. "Responsible official" shall mean Responsible Official as defined 

under this Article; 

E. Public notification procedures shall follow the requirements of 

§2102.03, 2103.04, 2102.05, and 2102.06; and

F. "EHB" shall mean the "Department under Article XI".

1. Lowest Achievable Emission Rate. The applicant shall 

agree to meet an emission limitation which specifies the LAER standard 

for such source.

2. Other Sources. The applicant shall demonstrate that all 

major existing sources within the Commonwealth which are owned, 

operated, or allowed to be operated, by the applicant or by any person 

controlling, controlled by, or under common control with the applicant are 

in compliance with all applicable requirements of the SIP and the Clean 

Air Act, or are in compliance with enforceable permit conditions or an 

enforceable compliance order or court decree for compliance with such 

Plan and Act. A responsible official of the applicant shall certify as to the 

sources' compliance in writing on a form provided by the Department.

3. Net Air Quality Benefit. In addition to complying with all 

other applicable requirements, the applicant shall demonstrate that the 

emission reductions secured under Paragraph b.4 below will result in a net 

air quality benefit in the affected nonattainment area(s) and that emissions 

from the new or modified source will not have a more adverse health, 

ambient air quality, and environmental impact than the emissions from the 

existing source(s) which are reduced pursuant to Paragraph b.4.
34. Emission Offsets.

The applicant shall demonstrate that it has secured either emission 

reduction credits from the state ERC registry system or emission 

reductions from existing sources in the County to offset allowable 

emissions and fugitive dust emissions from the proposed new source or 

the proposed modification by at least the ratios set forth below; provided 

that, in the case of a source to which this Section applies solely because of 

a significant air quality impact in a nonattainment area, offsets resulting in 

a net air quality benefit in the affected nonattainment area shall be 

sufficient. 

A. Incorporation by Reference. Except as otherwise specifically 

provided under this Subsection, the state regulations for the use of 

Emission Reduction Credits and offset ratios promulgated under the 

Air Pollution Control Act at 25 Pa. Code §§127.206 through 127.210

inclusive, are hereby incorporated by reference into this Subsection. 

All terms used in 25 PA Code 127.206 through 127.210 inclusive, and 

defined in 25 PA Code Section 121.1, are incorporated by reference

except as explicitly set forth herein. Additions, revisions, or deletions 

to such regulations by the Commonwealth are incorporated into this 

Subsection and are effective on the date established by the state 

regulations, unless otherwise established by regulation under this 

Article.

B. For purposes of this Subsection:

1. "Plan approval" shall mean Installation Permit; and

2. For 25 Pa. Code §§ 127.206 through 127.210 (except 

127.206(d)(2), 127.207(3)(vii), 127.208 (5), 127.209(a) and

127.209 (e)), "Department" shall mean Department as defined 

under this Article.

C. Such emission reductions shall be made legally binding by a court decree, 

order, or permit condition by no later than the date on which the proposed 

new source or the proposed modification either is approved to commence, 

or actually commences, operation, whichever is sooner, and such 

reductions shall be maintained throughout the operating life of the source 

for which such permit was issued. Such emissions reductions, if not 

created from the same source premises as the proposed new source or

proposed modification, shall be approved by the EPA as a revision to the 

SIP.
B. The ratio of actual emission reductions to new emissions shall be 

greater than or equal to the applicable ratio specified in the 

following table:

Ratio of Required

Type of Type of Emission Reduction to

New Emissions Emission Reductions New Emissions

Flue Emissions Flue Emissions

for: VOCs and Nitrogen Oxides 1.15 to 1

All other air contaminants 1 to 1

Flue Emissions Fugitive Emissions 2 to 1

Fugitive Emissions Fugitive Emissions 1.3 to 1 (where emissions are quantified 

by the same 

technique);

2 to 1 (where emissions are 

not quantified by the 

same technique).

C. Calculation of Offsets. Offset credit for emission 

reductions shall be calculated based on the emission 

characteristics for the actual operating conditions of the 

source(s) affected averaged over the two calendar years 

immediately preceding the emission reduction, or if such 

two-year period is not representative, such other two-year 

period, within the past five years, as is specified by the 

Department, but shall not be greater than the allowable 

emissions at the time the emission reductions are created or 

such credit is used, whichever is less. In no event shall 

offset credit be available for emission reductions which: {iii 

& iv amended, & xii added September 6, 1995, effective October 20, 1995}

i. Are not surplus, or would be required by any 

applicable proposed federal, state, or local 

regulation which has been published for public 

comment prior to the time such credit is used; 

provided, however, that if such regulation is not 

adopted, offset credit shall again become available, 

but any such period(s) of unavailability shall in no 

manner operate to extend the life of the offsets;

ii. Are part of a proposed or approved Alternative 

Emission Reduction Plan authorized by Part C of 

this Article prior to the time such credit is used;

iii. Take credit for emissions which are inherently less 

than actual emissions, if such lesser emissions were 

used by the Department in the air quality 

demonstration submitted in support of its portion of 

the SIP at any time prior to the use of such credit;

iv. Are not quantifiable at the time that they are 

created, or are not permanent and federally 

enforceable at the time that they are created, either 

by the applicable SIP, by an Installation Permit 
issued pursuant to this Article, by an Enforcement 

Order or Operating Permit issued pursuant to this 

Article, or by the revocation of an Operating Permit 

pursuant to this Article.

v. Have been traded off against civil penalties payable 

to any governmental unit at any time prior to the use 

of such credit;

vi. Are required by a consent order or court decree 

issued prior to the time such credit is used, unless 

such order or decree specifically allows such 

reductions to be used as offsets;

vii. Occurred in an area for which a current EPAapprovable attainment plan or demonstration has 

not been submitted to EPA, unless such emission 

reductions are created on or after the date such 

credit is used, or, the applicant can establish that the 

Installation Permit application using such credit is 

for a proposed new source that is a replacement 

source for the shutdown or curtailed source from 

which the emission reductions were created;

viii. Occurred before the date of the most recent 

emissions inventory used in the applicable EPAapproved attainment plan's demonstration of 

attainment, except the Department may consider a 

prior shutdown or curtailment to have occurred after 

the date of the most recent emissions inventory if 

the inventory explicitly includes as current 

"existing" emissions the emissions from such 

previously shutdown or curtailed sources;

ix. Are from replacing one hydrocarbon compound 

with another of lesser reactivity;

x. Are generated from emissions in excess of either 

those previously identified in required actual 

emission statements or those for which applicable 

emission fees have been paid;

xi. Are from emission reductions previously used in an 

applicability determination for netting purposes; or

xii. Are not entitled to offset credit under the state 

regulations for Emission Reduction Credits 

promulgated under the Air Pollution Control Act 

and incorporated by reference into this Article 

under §2102.08.e below. {Added September 6, 1995, 

effective October 20, 1995}

The applicant and the Department shall follow the 

procedures relating to the permissible location of offsetting 
emissions set out in 40 CFR Part 51 Appendix S Section 

IV.D. as amended by Section 173(c) of the Clean Air Act.

D. Use of Offsets. For purposes of this Part, an offset shall be 

considered used when either: 

i. It is committed to a specific new or modified source 

in an Installation Permit application; or

ii. It is considered used under the state regulations for 

Emission Reduction Credits promulgated under the 

Air Pollution Control Act and incorporated by 

reference into this Article under §2102.08.e below. 

{Added September 6, 1995, effective October 20, 1995}

If the Department rejects an Installation Permit application using 

offsets, or such application is withdrawn by the applicant, or the permit 

is issued but is canceled or expires before the permit and the offsets are 

ever used, the offsets so committed shall again become available for 

use, but in no event shall any such period(s) of unavailability operate to 

extend the life of any registered offsets.

 c. Temporary Sources. Temporary sources shall not be required to comply with

Paragraphs b.3 and b.4 above net air quality benefit and offsets requirements. 

 d. Fuel Switches. Notwithstanding the failure of the applicant to comply with 

Paragraph b.4 above,t The Department may issue an Installation Permit for the 

modification of an existing source which is required to switch fuels pursuant to a 

federal order or fuel curtailment plan if:

1. The applicant demonstrates that it has used all best efforts to secure all 

available offsets; and,

2. The applicant is made subject to a permit condition requiring it to use all 

best efforts to secure additional offsets until the requirements of Paragraph 

b.3 are met.

e. Portable facilities. Incorporation by Reference. The state regulations for

portable facilities under the Air Pollution Control Act at 25 Pa. Code 

§§127.212 are hereby incorporated by reference into this Subsection. All 

terms used in 25 PA Code §§127.212 and defined in 25 PA Code Section 

121.1 are incorporated by reference. Additions, revisions, or deletions to 

such regulations by the Commonwealth are incorporated into this Subsection

and are effective on the date established by the state regulations, unless 

otherwise established by regulation under this Article.

 e. Analysis of Alternatives. The Department shall not issue an Installation Permit 

for any source to which this Section applies unless, in addition to meeting all 

other requirements of this Section, the applicant submits to the Department an 
analysis of alternative sites, sizes, production processes, and environmental 

control techniques which demonstrates that the benefits of the source significantly 

outweigh the environmental and social costs imposed by the source.

 f. Economic Development Zones. In the case of a new or modified source which 

is located in a nonattainment area, and within a zone, identified by the EPA 

Administrator, in consultation with the Secretary of Housing and Urban 

Development, as a zone to which economic development should be targeted, 

emissions of a pollutant resulting from the proposed new or modified source may 

not cause or contribute to emission levels which exceed the allowance permitted 

for the pollutant for the area from new or modified sources in the SIP.

 f.g. Requirements for Modeling. Where air quality models are used to meet the 

provisions of this Section, modeling shall be based on the applicable models and 

other requirements specified in 40 CFR Part 51 Appendix W (Guideline on Air 

Quality Models). Where an air quality model specified in the Guideline on Air 

Quality Models is inappropriate, the model may be modified or another model 

may be substituted only on a case-by-case basis at the Department's discretion

upon written approval by the Administrator of EPA. In addition, use of a 

modified or substituted model must be subject to notice and opportunity for public 

comment under procedures set forth in 40 CFR 51.102.

g. PLANTWIDE APPLICABILITY LIMIT (PALs)

The Plantwide Applicability Limits (PALs) regulations in 25 Pa. Code 

§ 127.218 are hereby incorporated by reference into this Subsection. All 

terms used in 25 PA Code § 127.218 and defined in 25 PA Code Section 121.1 

are incorporated by reference, except as explicitly set forth herein. 

Additions, revisions, or deletions to such regulations by the Commonwealth 

are incorporated into this Subsection and are effective on the date 

established by the state regulations, unless otherwise established by 

regulation under this Article.

For purposes of this Subsection:

1. Public notification procedures shall follow the requirements of §2102.03, 

2103.04, 2102.05, and 2102.06;

2. “Plan approval" shall mean Installation Permit; and 

3. “Department” shall mean the Allegheny County Health Department.

§2102.07 PREVENTION OF SIGNIFICANT DETERIORATION 

{Subsection a amended September 6, 1995, effective October 20, 1995, Subsection a 

modified January 22, 1998 effective March 31, 1998}

 a. General Provisions. The Prevention of Significant Deterioration (PSD) 

requirements as promulgated in 40 CFR §52.21 by the Administrator of the EPA 
pursuant to Section 161 of the Clean Air Act are hereby adopted in their entirety 

and incorporated herein by reference. For the purposes of this Section all of the 

definitions adopted by the federal regulations in this subsection are hereby 

incorporated by reference, including those of source and major source. Additions, 

revisions, or deletions to the PSD requirements adopted by EPA are incorporated 

into this Article and are effective on the date established by the Federal 

regulations, unless otherwise established by regulation of the Department.

 b. Permits. Notwithstanding the issuance of any Installation Permit pursuant to this 

Article, no person shall commence the construction of, and no Operating Permit 

shall be issued pursuant to this Article for, any new or modified major source in 

an attainment or unclassified area of the County until such person has obtained a 

PSD Permit from the Department or has obtained a written determination from the 

Department that a PSD Permit is not required for such source under the applicable 

statutes, regulations, or other laws.

 c. Exemption. The PSD provisions of this Article shall not apply to sources of 

hazardous air pollutants as defined in Part A of this Article.

 d. Violation. It shall be a violation of this Article giving rise to the remedies 

provided by Section 2109.02 of this Article for any person to commence 

construction of or to allow construction to commence on, or to own, operate, or 

allow to be operated, any new or modified major source in an attainment or 

unclassified area of the County in a manner that does not comply with all PSD 

requirements as promulgated by the EPA and incorporated herein, except if such 

person is lawfully temporarily relieved of the duty to comply with such 

requirements.

§2102.08 EMISSION OFFSET REGISTRATION

{Paragraph a.2 & Subsection e amended September 6, 1995, effective October 20, 1995}

 a. e. Incorporation by Reference. Except as otherwise specifically provided under 

this Subsection, Paragraph a.2 and Subsection c of this Section, the state 

regulations for registration of Emission Reduction Credits promulgated under the 

Air Pollution Control Act at 25 Pa. Code §§127.206 through 127.209 inclusive

are hereby incorporated by reference into this Article Subsection. All terms used 

in 25 PA Code §§127.206 through 127.209 and defined in 25 PA Code Section 

121.1 are incorporated by reference, except as explicitly set forth herein. 

Additions, revisions, or deletions to such regulations by the Commonwealth are 

incorporated into this Article Subsection and are effective on the date established 

by the state regulations, unless otherwise established by regulation under this 

Article.

b. For purposes of this Subsection:

1. "Plan approval" shall mean Installation Permit; and
2. For 25 Pa. Code §§ 127.206 through 127.209 (except 127.206(d)(2), 

127.207(3)(vii), 127.208 (5), 127.209 ((a) and 127.209 (e)), "Department" 

shall mean Department as defined under this Article. 

c. d. Reports. Copies of all All applications, notices and reports required to be 

submitted to the Commonwealth under the applicable state emission reduction 

credit regulations shall be submitted to the Allegheny County Health

Department by the same deadline set forth in such regulations.

a. Registration.

1. No later than one (1) year after the creation of an emission reduction for which 

offset credit is sought, the owner or operator of the source affected shall notify the 

Department in writing of all facts necessary to determine the availability and 

amount of offset credit from the emission reduction, except that for the creation of 

an emission reduction on or after January 1, 1991, but prior to the effective date 

of this Section, the owner or operator of the source affected may notify the 

Department in writing of all facts necessary to determine the availability and 

amount of offset credit from the emission reduction by no later than March 15, 

1996. Emission offset credits registered with the Department as of the effective 

date of this Section shall be immediately submitted by the Department to the air 

quality permitting agency for the Commonwealth of Pennsylvania for registration 

under the state Emission Reduction Credit registry system. The County shall no 

longer maintain an emission offset credit registration system separate from the 

state system.

2. For purposes of this Section and §2102.06.b.4.C, an emission reduction achieved 

by shutting down or curtailing a source shall be considered to be "created" on the 

date on which a decision is made to permanently shut down or curtail such source, 

but in no event later than one year after the actual shutdown or curtailment, except 

that, any provisions to the contrary notwithstanding, upon approval of the 

Department and the Commonwealth under the requirements of 25 Pa. Code 

Chapter 127 Subchapter E, §§127.201 et seq., for an emission reduction achieved 

by shutting down or curtailing public utility power generating sources which have 

been in "cold reserve" or temporarily shutdown for more than three years:

A. Such emission reduction shall be considered to be "created" on the 

expiration or termination date of the last Operating Permit for such source, 

whichever is later; and

B. The last five years prior to such "cold reserve" or temporary 

shutdown shall constitute the last five years for purposes of calculating 

actual emissions.

d. . 3. The notice required by this Section Applications for registration of 

emission reduction credits shall be accompanied by the payment of a non-
refundable verification fee in the amount of $250 payable to the Allegheny 

County Air Pollution Control Fund. The amount of the fee shall be set by the 

Board of Health and approved by Allegheny County Council. The Department 

may prepare a form required to be used in providing the notice required by this 

Section

4. Failure to provide the timely notice required by this Subsection may cause the 

affected emission reductions to be unavailable for use as offsets.

e. 5. Within 180 days of receipt of a properly completed notice, with the appropriate 

fee, the Department shall verify the amount of offsets available, if any, setting 

forth the amount, location, pollutant characteristics, and the creation date of such 

offsets, and provide notice to the owner or operator of such verification. The 

owner or operator of the source affected shall provide the Department with all 

information, and shall bear the cost of such tests, studies, and the like, as are 

necessary for such verification.

f. 6. The Department shall then forward such notice and verification to the air quality 

permitting agency for the Commonwealth of Pennsylvania for registration in the 

state Emission Reduction Credit registry system.

g. 7. Emission offset credits under this Section shall not be available for use until 

registered in the state registry system, at which time the existence and availability 

of such credits becomes subject to the state regulations for registered Emission 

Reduction Credits promulgated under the Air Pollution Control Act.

 b. Life of Offsets. Registered offsets shall only be available for use as provided for 

under the applicable state regulations and §2102.06.b.4 above.

 h. c. Transfers. Registered offsets shall only be transferable as provided for under the 

applicable state regulations, except that offsets created in Allegheny County or to 

be used in Allegheny County shall be transferable to and from 501(c)(3) nonprofit corporations and governmental bodies and authorities for the purpose of 

facilitating the use of such credits.
C.

Comparison of Article XXI changed NSR regulations to PADEP Title 25 NSR regulations

Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

§ 127.201. General requirements.

(a) A person may not cause or permit the construction or modification of an air 

contamination facility in a nonattainment area or having an impact on a nonattainment 

area unless the Department or an approved local air pollution control agency has 

determined that the requirements of this subchapter have been met.

 2102.04.c Major Sources. The Department shall not issue any Installation Permit for a major source unless, in 

addition to meeting the requirements of Subsection b above, the application demonstrates compliance 

with all applicable requirements of this Part. 

102.06.a Applicability. This Section shall apply to any major new source new major facility, as defined by 25 

PA Code 121.1 and to any major modification of an existing source which is located in a nonattainment area or 

transport region of the County or which will have a significant air quality impact on any nonattainment area or 

transport region. The requirements of this Section shall apply only with regard to those air contaminants for which 

such source or modification is a major source or modification and for which such area is a nonattainment area or 

transport region. This Section shall also apply with respect to emissions of volatile organic compounds and 

nitrogen oxides for those areas which are nonattainment with respect to ozone. This Section shall also apply with 

respect to emissions of sulfur dioxide, nitrogen oxides, and volatile organic compounds for those areas which are 

nonattainment with respect to PM-10. Procedures in 25 Pa. Code 127.203a shall be followed in determining 

whether any modification at a major source is determined to be a major modification.

(b) The nonattainment area classification that applies for offset trading and offset ratio 

selection shall be the highest classification designated by the EPA Administrator in 40 

CFR 81.339 (relating to Pennsylvania) or by operation of law.

 2101.06. c. Conflict. In the event that the provisions of this Article conflict, the provision which results in the 

lowest permissible emission rate shall prevail, absent clear and convincing evidence that a different provision is 

intended to prevail.

(c) The NSR requirements of this subchapter also apply to a facility located in an 

attainment area for ozone and within an ozone transport region that emits or has the 

potential to emit at least 50 TPY of VOC or 100 TPY of NOx. A facility within either an 

unclassifiable/attainment area for ozone or within a marginal or incomplete data 

nonattainment area for ozone or within a basic nonattainment area for ozone and 

located within an ozone transport region will be considered a major facility and shall be 

subject to the requirements applicable to a major facility located in a moderate 

nonattainment area.

102.06.a Applicability. This Section shall apply to any major new source new major facility, as defined by 25 

PA Code 121.1 and to any major modification of an existing source which is located in a nonattainment area or 

transport region of the County or which will have a significant air quality impact on any nonattainment area or 

transport region. The requirements of this Section shall apply only with regard to those air contaminants for which 

such source or modification is a major source or modification and for which such area is a nonattainment area or 

transport region. This Section shall also apply with respect to emissions of volatile organic compounds and 

nitrogen oxides for those areas which are nonattainment with respect to ozone. This Section shall also apply with 

respect to emissions of sulfur dioxide, nitrogen oxides, and volatile organic compounds for those areas which are 

nonattainment with respect to PM-10. Procedures in 25 Pa. Code 127.203a shall be followed in determining 

whether any modification at a major source is determined to be a major modification.

(d) The NSR requirements of this subchapter apply to an owner or operator of a facility §2102.06MAJOR SOURCES LOCATING IN OR IMPACTING A NONATTAINMENT AREA
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

at which a net emissions increase that is significant would occur as determined in 

accordance with § 127.203a (relating to applicability determination). If an emissions 

increase meets or exceeds the applicable emissions rate that is significant as defined 

in § 121.1 (relating to definitions), the facility is subject to the permitting requirements 

under § 127.205 (relating to special permit requirements). An emissions increase 

subject to this subchapter must also be offset through the use of ERCs at the offset 

ratios specified in § 127.210 (relating to offset ratios). The generation, use, transfer and 

registration requirements for ERCs are listed in § § 127.206—127.209. 

102.06.a Applicability. This Section shall apply to any major new source new major facility, as defined by 25 

PA Code 121.1 and to any major modification of an existing source which is located in a nonattainment area or 

transport region of the County or which will have a significant air quality impact on any nonattainment area or 

transport region. The requirements of this Section shall apply only with regard to those air contaminants for which 

such source or modification is a major source or modification and for which such area is a nonattainment area or 

transport region. This Section shall also apply with respect to emissions of volatile organic compounds and 

nitrogen oxides for those areas which are nonattainment with respect to ozone. This Section shall also apply with 

respect to emissions of sulfur dioxide, nitrogen oxides, and volatile organic compounds for those areas which are 

nonattainment with respect to PM-10. Procedures in 25 Pa. Code 127.203a shall be followed in determining 

whether any modification at a major source is determined to be a major modification.

(e) In the event of an inconsistency between this rule and any other rule promulgated 

by the Department, the inconsistency must be resolved by the application of the more 

stringent provision, term, condition, method or rule.

 2101.06. c. Conflict. In the event that the provisions of this Article conflict, the provision which results in the lowest 

permissible emission rate shall prevail, absent clear and convincing evidence that a different provision is intended 

to prevail.

(f) A facility located in Bucks, Chester, Delaware, Montgomery or Philadelphia Counties

that emits or has the potential to emit at least 25 TPY of VOC or NOx will be 

considered a major facility and shall be subject to the requirements applicable to a 

major facility located in a severe nonattainment area for ozone.

2102.06.a.1 Application Consistent with State Regulations. Except as otherwise specifically provided 

under this Section, this Section shall be applied consistent with the provisions of the state regulation for New 

Source Review Applicability Determination promulgated under the Air Pollution Control Act at 25 Pa. Code 

§127.211 127.203 (except 127.203(b)), 127.203a, and 127.204, which is are hereby incorporated by 

reference into this Article Subsection. All terms used in 25 PA Code 127.203 (except 127.203(b)), 

127.203a, and 127.204, and defined in 25 PA Code Section 121.1 are incorporated by reference, 

except as explicitly set forth herein. Additions, revisions, or deletions to such regulation by the 

Commonwealth are incorporated into this Article Subsection and are effective on the date established by 

the state regulations, unless otherwise established by regulation under this Article. 
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

§ 127.201a. Measurements, abbreviations and acronyms. Defined where used.

§ 127.202. Effective date. ( The new rules will be effective upon promulgation and posting.)

§ 127.203. Facilities subject to special permit requirements.

AND

§ 127.203a. Applicability determination.

AND

§ 127.204. Emissions subject to this subchapter.

§2102.06a. Applicability...

1. 4. Application Consistent with State Regulations. Except as otherwise specifically provided under this 

Section, this Section shall be applied consistent with the provisions of the state regulation for New 

Source Review Applicability Determination promulgated under the Air Pollution Control Act at 25 Pa. 

Code §127.211 127.203 (except 127.203(b)), 127.203a, and 127.204, which is are hereby incorporated 

by reference into this Article Subsection. All terms used in 25 PA Code 127.203 (except 

127.203(b)), 127.203a, and 127.204, and defined in 25 PA Code Section 121.1 are incorporated by 

reference, except as explicitly set forth herein. Additions, revisions, or deletions to such regulation 

by the Commonwealth are incorporated into this Article Subsection and are effective on the date 

established by the state regulations, unless otherwise established by regulation under this Article. 

2. For purposes of this Subsection:

A. "Department" shall mean Department as defined under this Article; and

B. "Plan approval" shall mean Installation Permit.

§ 127.205. Special permit requirements. 2102.06.b a. Conditions for Approval. The Department shall not issue an Installation Permit, or issue, amend, 

modify, or reissue a related Operating Permit, for any source to which this Section applies unless the applicant 

demonstrates that all of the following conditions are met:

1. Except as otherwise specifically provided under this Subsection, conditions for approval of an 

installation permit shall be applied consistent with the provisions of the state regulation for New 

Source Review promulgated under the Air Pollution Control Act at 25 Pa. Code §127.201 through 

127.205 (except 127.201(f)), which are hereby incorporated by reference into this Subsection. All 

terms used in 25 PA Code§127.201 through 127.205 (except 127.201(f), and defined in 25 PA Code 

Section 121.1 are incorporated by reference, except as explicitly set forth herein. Additions, 

revisions, or deletions to such regulations by the Commonwealth are incorporated into this 

Subsection and are effective on the date established by the state regulations, unless otherwise 

established by regulation under this Article.

2. For purposes of this Subsection:
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

a. "Department" shall mean Department as defined under this Article;

b. "Plan approval" shall mean Installation Permit; 

c. "Title V Permit" shall mean an Operating Permit issued under Subpart C;

d. "Responsible official" shall mean Responsible Official as defined under this Article; 

e. Public notification procedures shall follow the requirements of §2102.03, 2103.04, 

2102.05, and 2102.06; and

f. "EHB" shall mean the "Department under Article XI".
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

§ 127.206. ERC general requirements. §2102.08 EMISSION OFFSET REGISTRATION

 a. e. Incorporation by Reference. Except as otherwise specifically provided under this Subsection, 

Paragraph a.2 and Subsection c of this Section, the state regulations for registration of Emission 

Reduction Credits promulgated under the Air Pollution Control Act at 25 Pa. Code §§127.206 through 

127.209 inclusive are hereby incorporated by reference into this Article Subsection. All terms used in 

25 PA Code §§127.206 through 127.209 and defined in 25 PA Code Section 121.1 are incorporated 

by reference, except as explicitly set forth herein. Additions, revisions, or deletions to such 

regulations by the Commonwealth are incorporated into this Article Subsection and are effective on the 

date established by the state regulations, unless otherwise established by regulation under this Article.

b. For purposes of this Subsection:

1. "Plan approval" shall mean Installation Permit; and

2. For 25 Pa. Code §§ 127.206 through 127.209 (except 127.206(d)(2), 127.207(3)(vii), 127.208 (5), 

127.209 ((a) and 127.209 (e)), "Department" shall mean Department as defined under this 

Article. 

c. d. Reports. Copies of all All applications, notices and reports required to be submitted to the 

Commonwealth under the applicable state emission reduction credit regulations shall be submitted to the 

Allegheny County Health Department by the same deadline set forth in such regulations.

d. . 3. The notice required by this Section Applications for registration of emission reduction credits

shall be accompanied by the payment of a non-refundable verification fee in the amount of $250 payable 

to the Allegheny County Air Pollution Control Fund. The amount of the fee shall be set by the Board of 

Health and approved by Allegheny County Council. The Department may prepare a form required to 

be used in providing the notice required by this Section

e. 5. Within 180 days of receipt of a properly completed notice, with the appropriate fee, the Department shall 

verify the amount of offsets available, if any, setting forth the amount, location, pollutant characteristics, 

and the creation date of such offsets, and provide notice to the owner or operator of such verification. 

The owner or operator of the source affected shall provide the Department with all information, and shall 

bear the cost of such tests, studies, and the like, as are necessary for such verification.

f. 6. The Department shall then forward such notice and verification to the air quality permitting agency for the 

Commonwealth of Pennsylvania for registration in the state Emission Reduction Credit registry system.
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

g. 7. Emission offset credits under this Section shall not be available for use until registered in the state registry 

system, at which time the existence and availability of such credits becomes subject to the state 

regulations for registered Emission Reduction Credits promulgated under the Air Pollution Control Act.

 h. c. Transfers. Registered offsets shall only be transferable as provided for under the applicable state 

regulations, except that offsets created in Allegheny County or to be used in Allegheny County shall be 

transferable to and from 501(c)(3) non-profit corporations and governmental bodies and authorities for the 

purpose of facilitating the use of such credits.

And

2102.06.b.3 Emission Offsets. The applicant shall demonstrate that it has secured either emission reduction 

credits from the state ERC registry system or emission reductions from existing sources in the County to offset 

allowable emissions and fugitive dust emissions from the proposed new source or the proposed modification by at 

least the ratios set forth below; provided that, in the case of a source to which this Section applies solely because of 

a significant air quality impact in a nonattainment area, offsets resulting in a net air quality benefit in the affected 

nonattainment area shall be sufficient. 

A. Incorporation by Reference. Except as otherwise specifically provided under this Subsection, 

the state regulations for the use of Emission Reduction Credits and offset ratios promulgated 

under the Air Pollution Control Act at 25 Pa. Code §§127.206 through 127.210 inclusive, are hereby 

incorporated by reference into this Subsection. All terms used in 25 PA Code 127.206 through 

127.210 inclusive, and defined in 25 PA Code Section 121.1, are incorporated by reference except 

as explicitly set forth herein. Additions, revisions, or deletions to such regulations by the 

Commonwealth are incorporated into this Subsection and are effective on the date established by 

the state regulations, unless otherwise established by regulation under this Article.

B. For purposes of this Subsection:

1. "Plan approval" shall mean Installation Permit; and

 2. For 25 Pa. Code §§ 127.206 through 127.210 (except 127.206(d)(2), 127.207(3)(vii), 127.208 

(5), 127.209(a) and 127.209 (e)), "Department" shall mean Department as defined under this Article.
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

§ 127.207. Creditable emissions decrease or ERC generation and creation. §2102.08 EMISSION OFFSET REGISTRATION

a. e. Incorporation by Reference. Except as otherwise specifically provided under this Subsection, 

Paragraph a.2 and Subsection c of this Section, the state regulations for registration of Emission 

Reduction Credits promulgated under the Air Pollution Control Act at 25 Pa. Code §§127.206 through 

127.209 inclusive are hereby incorporated by reference into this Article Subsection. All terms used in 

25 PA Code §§127.206 through 127.209 and defined in 25 PA Code Section 121.1 are incorporated 

by reference, except as explicitly set forth herein. Additions, revisions, or deletions to such 

regulations by the Commonwealth are incorporated into this Article Subsection and are effective on the 

date established by the state regulations, unless otherwise established by regulation under this Article.

b. For purposes of this Subsection:

1. "Plan approval" shall mean Installation Permit; and

2. For 25 Pa. Code §§ 127.206 through 127.209 (except 127.206(d)(2), 127.207(3)(vii), 127.208 (5), 

127.209 ((a) and 127.209 (e)), "Department" shall mean Department as defined under this 

Article. 

c. d. Reports. Copies of all All applications, notices and reports required to be submitted to the 

Commonwealth under the applicable state emission reduction credit regulations shall be submitted to the 

Allegheny County Health Department by the same deadline set forth in such regulations.

d. . 3. The notice required by this Section Applications for registration of emission reduction credits

shall be accompanied by the payment of a non-refundable verification fee in the amount of $250 payable 

to the Allegheny County Air Pollution Control Fund. The amount of the fee shall be set by the Board of 

Health and approved by Allegheny County Council. The Department may prepare a form required to 

be used in providing the notice required by this Section

e. 5. Within 180 days of receipt of a properly completed notice, with the appropriate fee, the Department 

shall verify the amount of offsets available, if any, setting forth the amount, location, pollutant 

characteristics, and the creation date of such offsets, and provide notice to the owner or operator of such 

verification. The owner or operator of the source affected shall provide the Department with all 

information, and shall bear the cost of such tests, studies, and the like, as are necessary for such 

verification.

f. 6. The Department shall then forward such notice and verification to the air quality permitting agency for the 
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

Commonwealth of Pennsylvania for registration in the state Emission Reduction Credit registry system.

g. 7. Emission offset credits under this Section shall not be available for use until registered in the state registry 

system, at which time the existence and availability of such credits becomes subject to the state 

regulations for registered Emission Reduction Credits promulgated under the Air Pollution Control Act.

 h. c. Transfers. Registered offsets shall only be transferable as provided for under the applicable state 

regulations, except that offsets created in Allegheny County or to be used in Allegheny County shall be 

transferable to and from 501(c)(3) non-profit corporations and governmental bodies and authorities for the 

purpose of facilitating the use of such credits.
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

§ 127.208. ERC use and transfer requirements. 2102.06.b.3 Emission Offsets. The applicant shall demonstrate that it has secured either emission reduction 

credits from the state ERC registry system or emission reductions from existing sources in the County to offset 

allowable emissions and fugitive dust emissions from the proposed new source or the proposed modification by at 

least the ratios set forth below; provided that, in the case of a source to which this Section applies solely because of 

a significant air quality impact in a nonattainment area, offsets resulting in a net air quality benefit in the affected 

nonattainment area shall be sufficient. 

A. Incorporation by Reference. Except as otherwise specifically provided under this Subsection, 

the state regulations for the use of Emission Reduction Credits and offset ratios promulgated 

under the Air Pollution Control Act at 25 Pa. Code §§127.206 through 127.210 inclusive, are hereby 

incorporated by reference into this Subsection. All terms used in 25 PA Code 127.206 through 

127.210 inclusive, and defined in 25 PA Code Section 121.1, are incorporated by reference except 

as explicitly set forth herein. Additions, revisions, or deletions to such regulations by the 

Commonwealth are incorporated into this Subsection and are effective on the date established by 

the state regulations, unless otherwise established by regulation under this Article.

B. For purposes of this Subsection:

1. "Plan approval" shall mean Installation Permit; and

 2. For 25 Pa. Code §§ 127.206 through 127.210 (except 127.206(d)(2), 127.207(3)(vii), 127.208 

(5), 127.209(a) and 127.209 (e)), "Department" shall mean Department as defined under this Article.

§ 127.209. ERC registry system.

...

§2102.08 EMISSION OFFSET REGISTRATION

a. e. Incorporation by Reference. Except as otherwise specifically provided under this Subsection, 

Paragraph a.2 and Subsection c of this Section, the state regulations for registration of Emission 

Reduction Credits promulgated under the Air Pollution Control Act at 25 Pa. Code §§127.206 through 

127.209 inclusive are hereby incorporated by reference into this Article Subsection. All terms used in 

25 PA Code §§127.206 through 127.209 and defined in 25 PA Code Section 121.1 are incorporated 

by reference, except as explicitly set forth herein. Additions, revisions, or deletions to such 

regulations by the Commonwealth are incorporated into this Article Subsection and are effective on the 

date established by the state regulations, unless otherwise established by regulation under this Article.

b. For purposes of this Subsection:

1. "Plan approval" shall mean Installation Permit; and

2. For 25 Pa. Code §§ 127.206 through 127.209 (except 127.206(d)(2), 127.207(3)(vii), 127.208 (5), 

127.209 ((a) and 127.209 (e)), "Department" shall mean Department as defined under this 
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

Article. 

c. d. Reports. Copies of all All applications, notices and reports required to be submitted to the 

Commonwealth under the applicable state emission reduction credit regulations shall be submitted to the 

Allegheny County Health Department by the same deadline set forth in such regulations.

d. . 3. The notice required by this Section Applications for registration of emission reduction credits

shall be accompanied by the payment of a non-refundable verification fee in the amount of $250 payable 

to the Allegheny County Air Pollution Control Fund. The amount of the fee shall be set by the Board of 

Health and approved by Allegheny County Council. The Department may prepare a form required to 

be used in providing the notice required by this Section

e. 5. Within 180 days of receipt of a properly completed notice, with the appropriate fee, the Department 

shall verify the amount of offsets available, if any, setting forth the amount, location, pollutant 

characteristics, and the creation date of such offsets, and provide notice to the owner or operator of such 

verification. The owner or operator of the source affected shall provide the Department with all 

information, and shall bear the cost of such tests, studies, and the like, as are necessary for such 

verification.

f. 6. The Department shall then forward such notice and verification to the air quality permitting agency for the 

Commonwealth of Pennsylvania for registration in the state Emission Reduction Credit registry system.

g. 7. Emission offset credits under this Section shall not be available for use until registered in the state registry 

system, at which time the existence and availability of such credits becomes subject to the state 

regulations for registered Emission Reduction Credits promulgated under the Air Pollution Control Act.

 h. c. Transfers. Registered offsets shall only be transferable as provided for under the applicable state 

regulations, except that offsets created in Allegheny County or to be used in Allegheny County shall be 

transferable to and from 501(c)(3) non-profit corporations and governmental bodies and authorities for the 

purpose of facilitating the use of such credits.
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

§ 127.210. Offset ratios. 2102.06.b.3 Emission Offsets. The applicant shall demonstrate that it has secured either emission reduction 

credits from the state ERC registry system or emission reductions from existing sources in the County to offset 

allowable emissions and fugitive dust emissions from the proposed new source or the proposed modification by at 

least the ratios set forth below; provided that, in the case of a source to which this Section applies solely because of 

a significant air quality impact in a nonattainment area, offsets resulting in a net air quality benefit in the affected 

nonattainment area shall be sufficient. 

A. Incorporation by Reference. Except as otherwise specifically provided under this Subsection, 

the state regulations for the use of Emission Reduction Credits and offset ratios promulgated 

under the Air Pollution Control Act at 25 Pa. Code §§127.206 through 127.210 inclusive, are hereby 

incorporated by reference into this Subsection. All terms used in 25 PA Code 127.206 through 

127.210 inclusive, and defined in 25 PA Code Section 121.1, are incorporated by reference except 

as explicitly set forth herein. Additions, revisions, or deletions to such regulations by the 

Commonwealth are incorporated into this Subsection and are effective on the date established by 

the state regulations, unless otherwise established by regulation under this Article.

B. For purposes of this Subsection:

1. "Plan approval" shall mean Installation Permit; and

 2. For 25 Pa. Code §§ 127.206 through 127.210 (except 127.206(d)(2), 127.207(3)(vii), 127.208 

(5), 127.209(a) and 127.209 (e)), "Department" shall mean Department as defined under this Article.

§ 127.211. [Reserved] 2102.06.a.4 reference to 127.211 removed.
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

§ 127.212. Portable facilities.

(a) An owner or operator of a portable SOx, PM-10, lead or CO facility subject to this 

subchapter which will be relocated within 6 months of the commencement of operation 

to a location within an attainment area which does not have an impact on a 

nonattainment area at or above the significance levels contained in § 127.203 (relating 

to facilities subject to special permit requirements) shall be exempt from this 

subchapter. An owner or operator of a facility which subsequently returns to a location 

where it is subject to this subchapter shall comply with this subchapter. 

(b) An owner or operator of a portable VOC or NOx facility subject to this subchapter 

which will be relocated outside of this Commonwealth within 6 months of the 

commencement of operation shall be exempt from this subchapter. An owner or 

operator of a facility which subsequently returns to a location in this Commonwealth 

where it is subject to this subchapter shall comply with this subchapter.

2102.06.e. Portable facilities. Incorporation by Reference. The state regulations for portable facilities under 

the Air Pollution Control Act at 25 Pa. Code §§127.212 are hereby incorporated by reference into 

this Subsection. All terms used in 25 PA Code §§127.212 and defined in 25 PA Code Section 121.1 

are incorporated by reference. Additions, revisions, or deletions to such regulations by the 

Commonwealth are incorporated into this Subsection and are effective on the date established by 

the state regulations, unless otherwise established by regulation under this Article.

2102.06.c. Temporary Sources. Temporary sources shall not be required to comply with Paragraphs b.3 and b.4 

above net air quality benefit and offsets requirements. 

"Temporary source" means a new or modified source whose operating life is limited by a permit condition to no 

more than two years.

§ 127.213. Construction and demolition.

(a) Emissions from construction or demolition activities will be exempt from § 127.205 

(relating to special permit requirements) if BACT is used during the construction or 

demolition period. 

(b) Emissions from construction and demolition activities may not be considered under 

§ 127.203a (relating to applicability determination).

 2102.04. d. Construction Activities. If construction activities associated with the installation, modification, 

replacement, reconstruction, or reactivation of any source of air pollution control equipment to which this 

Article applies involves the grading, excavating, or deposition of earth on one half (0.5) acre of land or 

more, the application required by this Section shall include a plan for the implementation of all reasonable 

actions to prevent fugitive dust from becoming airborne. Such plan shall include at a minimum, a 

description of the nature and scope of the activities involved, fugitive dust control measures to be 

implemented, and a time schedule on which these measures will be implemented. Such plan shall be 

reviewed by the Department as part of the permit application review provided for by this Part and, once 

approved, shall be considered part of the permit issued by the Department.

(Note: this is required for all installation permits, not just NSR sources.)

§ 127.214. [Reserved].
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

§ 127.215. Reactivation.

(a) A facility which has been out of operation or production for 1 year or more during 

the term of its operating permit may be reactivated within the term of its operating 

permit and will not be considered a new facility subject to this subchapter if the 

following conditions are satisfied: 

(1) The permittee shall within 1 year of the deactivation submit in writing to the 

Department and implement a maintenance plan which includes the measures to 

be taken, including maintenance, upkeep, repair or rehabilitation procedures, 

which will enable the facility to be reactivated in accordance with the terms of the 

permit. 

(2) The permittee shall submit a reactivation plan at least 30 days prior to the 

proposed date of reactivation. The reactivation plan shall include sufficient 

measures to ensure that the facility will be reactivated in compliance with the 

permit requirements. The permittee may submit a reactivation plan to the 

Department at any time during the term of its operating permit. The reactivation 

plan may also be submitted to and approved in writing by the Department as part 

of the plan approval or permit application process. 

(3) The permittee shall notify the Department in writing within 1 year of 

deactivation requesting preservation of the emissions in the inventory and 

indicating the intent to reactivate the facility. 

(4) The permittee shall comply with the terms and conditions of the following: 

(i) Maintenance plan while the facility is deactivated. 

(ii) Reactivation plan and the operating permit upon reactivation. 

(5) The permittee with an approved reactivation plan shall notify the Department 

in writing at least 30 days prior to reactivation of the facility. 

(b) The Department will approve or disapprove in writing the complete reactivation plan 

within 30 days of plan submission, unless additional time is required based on the size 

or complexity of the facility. 

§2103.13 EXPIRATION, RENEWALS, REACTIVATIONS (This section is written for all operating permits)

. . .

d. Existing Source Reactivations. During the term of a permit under this Part, a permittee shall not reactivate 

any source under the permit that has been out of operation or production for a period of one year or more unless 

the permittee has submitted a reactivation plan request to, and received a written reactivation plan approval from, 

the Department.

 1.A reactivation plan request may only be submitted during the term of the applicable operating permit and must 

be either:

A. If the source is reactivated within five (5) years after deactivation, accompanied by the submission to the 

Department of a Reactivation Plan Request fee in the amount of 25% of the annual application/permit 

administration fees required for said permit by this Part, but not less than $50 per permit; or

B. If the source is reactivated more than five (5) years after deactivation, accompanied by the submission to the 

Department of the applicable Installation Permit application fee required by §2102.10.b of this Article; or

C. Submitted as part of another application for the same source under Part B or Part C of this Article.

2. A reactivation plan may only be approved during the term of the applicable operating permit and shall describe 

the measures that will be taken to ensure the source will be reactivated in compliance with all applicable permit 

requirements.

3. Unless submitted under subparagraph d.1.B above, the Department shall take action on any reactivation plan 

request within 30 days of receipt of a complete written request, with the applicable fees, unless the Department 

determines that additional time is necessary based on the size or complexity of the reactivated source.

4. A reactivation plan approval shall automatically expire upon the expiration of the operating permit during the term 

of which such approval was issued, or ten (10) years after actual deactivation, whichever comes first.

5. The reactivation of a source that has been deactivated for more than ten (10) years shall constitute a new source 

under this Article requiring the issuance of a new source Installation Permit under Part B of this Article prior to 

reactivation.

6. Upon proper application, Operating Permits may be renewed for a source that is deactivated, so long as such 

source is in compliance with all applicable provisions of this Section. Such renewal shall not constitute 

authorization to reactivate.

7. All sources deactivated for more than one (1) year shall constitute new sources upon reactivation unless such 
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

(c) For a facility which is deactivated in accordance with subsection (a), ERCs may be 

created only if an ERC registry application is filed within 2 years of deactivation.

source:

A. By no later than one (1) year following actual deactivation, submits a maintenance plan for the 

source to be implemented during the period of deactivation and continues to fully comply with all requirements 

of such plan during deactivation;

B. Is in compliance with all other applicable provisions of this Subsection.

8. Any reactivation plan issued for a source which has been deactivated for more than five (5) years shall require 

the implementation of BACT at such source prior to actual reactivation.

9. Deactivated sources as of the effective date of this Section shall comply with Subparagraph 7.A of this 

Subsection by no later than one (1) year after such effective date.

AND

2102.04 INSTALLATION PERMITS

. . .

g. Term. An Installation Permit shall expire in 18 months if construction has not commenced within such period or 

shall expire one (1) year 18 months after such construction has been suspended, if construction is not resumed 

within such period. In any event, an Installation Permit shall expire upon completion of construction, except that

Installation Permits shall authorize temporary operation to facilitate shakedown of sources and air cleaning devices, 

to permit operations pending issuance of a related subsequent Operating Permit, or to permit the evaluation of the 

air contamination aspects of the source. Such temporary operation period shall be valid for a limited time, not to 

exceed 180 days, but may be extended for additional limited periods, each not to exceed 120 days, except that no 

temporary operation shall be authorized or extended which may circumvent the requirements of this Article.

For major sources, if the construction, modification or installation is not commenced within 18 months of 

the issuance of an installation permit or if there is more than an 18-month lapse in construction, 

modification, or installation, a new installation permit application shall be submitted. The Department may 

extend the 18-month period upon a satisfactory showing that an extension is justified.
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

§ 127.216. Circumvention.

Regardless of the exemptions provided in this subchapter, an owner or other person 

may not circumvent this subchapter by causing or allowing a pattern of ownership or 

development, including the phasing, staging, delaying or engaging in incremental 

construction, over a geographic area of a facility which, except for the pattern of 

ownership or development, would otherwise require a permit or submission of a plan 

approval application.

§2102.06.a.3. 2. Incremental Construction. Where a source is constructed or modified in increments which 

individually have not met the requirements of this Section, this Section shall apply to all such increments 

when the sum of emissions from such increments for which an Installation Permit was issued after July 1, 

1979, cause such source or modification to become a major source or 

modification. Circumvention. Regardless of the exemptions provided in this section, an owner or 

other person may not circumvent this section by causing or allowing a pattern of ownership or 

development, including the phasing, staging, delaying or engaging in incremental construction, 

over a geographic area of a source which, except for the pattern of ownership or development, 

would otherwise require a permit or submission of an installation permit application. In determining 

the LAER standard for such increments, the Department shall consider the stage of construction of each 

increment and the feasibility of installing additional air pollution controls on each.

§ 127.217. Clean Air Act Titles III—V applicability.

Compliance with this subchapter does not relieve a source or facility from complying 

with Titles III—V of the Clean Air Act (42 U.S.C.A. § § 7601—7627; 7641, 7642, 

7651—7651o; and 7661—7661f), applicable requirements of the act or regulations 

adopted under the act.

 2101.06. b. Provisions Cumulative. The provisions of this Article shall be cumulative. Therefore, except 

as may be otherwise explicitly provided for in this Article, compliance with any provision of this Article 

shall in no manner relieve any person of the duty to fully comply with any other provision of this Article.

§ 127.218. PALs. 2102.06 g. PLANTWIDE APPLICABILITY LIMIT (PALs)

The Plantwide Applicability Limits (PALs) regulations in 25 Pa. Code § 127.218 are hereby 

incorporated by reference into this Subsection. All terms used in 25 PA Code § 127.218 and 

defined in 25 PA Code Section 121.1 are incorporated by reference, except as explicitly set forth 

herein. Additions, revisions, or deletions to such regulations by the Commonwealth are 

incorporated into this Subsection and are effective on the date established by the state 

regulations, unless otherwise established by regulation under this Article.

For purposes of this Subsection:

1. Public notification procedures shall follow the requirements of §2102.03, 2103.04, 2102.05, 

and 2102.06;

2. “Plan approval" shall mean Installation Permit; and 

3. “Department” shall mean the Allegheny County Health Department.

Not in Title 25. Requires federal order or fuel curtailment plan to activate. 2102.06.d. Fuel Switches. Notwithstanding the failure of the applicant to comply with Paragraph b.4 above, tThe

Department may issue an Installation Permit for the modification of an existing source which is required to switch 

fuels pursuant to a federal order or fuel curtailment plan if:

1. The applicant demonstrates that it has used all best efforts to secure all available offsets; and,
Pennsylvania Title 25 Subchapter E: New Source Review ACHD Article XXI Comparable regulations

2. The applicant is made subject to a permit condition requiring it to use all best efforts to secure additional offsets 

until the requirements of Paragraph b.4 b.3 are met.

Not in Title 25. Required by EPA 40CFR51.160. 2102.06.g. Requirements for Modeling. Where air quality models are used to meet the provisions of this Section, 

modeling shall be based on the applicable models and other requirements specified in 40 CFR Part 51 Appendix W 

(Guideline on Air Quality Models). Where an air quality model specified in the Guideline on Air Quality Models is 

inappropriate, the model may be modified or another model may be substituted only on a case-by-case basis at the 

Department's discretion upon written approval by the Administrator of EPA. In addition, use of a modified or 

substituted model must be subject to notice and opportunity for public comment under procedures set forth in 40 

CFR 51.102.
D.

Documentation of Public Hearing and Certifications 

1. Public Hearing Notice

2. Proof of Publication of Hearing

3. Notices to US EPA and PA DEP

4. Certification of Hearing

5. Summary of Comments and Responses

6. Certification of Approval and Adoption
NOTICE OF PUBLIC HEARING

FOR PROPOSED AMENDMENTS TO

ALLEGHENY COUNTY HEALTH DEPARTMENT RULES AND REGULATIONS

ARTICLE XXI, AIR POLLUTION CONTROL

The Allegheny County Board of Health will hold a public hearing on Monday, September 12, 

2011, at 10:00 AM, Building #7 First Floor Conference Room, Clack Health Center, 301 39th 

Street, Pittsburgh, PA 15201 to take testimony on the following proposed modifications to 

Allegheny County Health Department Article XXI and County Ordinance 16782:

Revisions or additions to the Article XXI Sections 

§2101.10 Definitions of major source and major modification

§2102.04 Installation Permits

§2102.06 Major Sources Locating in or Impacting a Nonattainment Area

§2102.08 Emission Offset Registration

§2105.88 Consumer Products

§2105.101 Control Of NOx Emissions From Glass Melting Furnaces

As well as a letter modifying Allegheny’s County’s review of Reasonably Available Control 

Technology (RACT) plans for the eight-hour ozone standard. 

The proposed changes to §2101.10, §2102.04, §2102.06, and §2102.08 will be 

incorporated as a revision to Allegheny County’s portion of the Pennsylvania State 

Implementation Plan for New Source Review.

The proposed changes to §2105.88 and §2105.101 and the RACT letter will be 

incorporated as a revision to Allegheny County’s portion of the Pennsylvania State 

Implementation Plan for the control of ozone and particulate matter.

Copies of the proposed amendments may be examined beginning Wednesday, August 10, 2011, 

at the Allegheny County Health Department Document Room, Building 7, Clack Health Center, 

from 8:30 AM until 3:30 PM Monday thru Friday; on the Allegheny County Health Department 

web site: www.achd.net; or by calling 412-578-8120 to request a mailed printed copy.

Oral testimony must be pre-scheduled by calling 412-578-8008 no less than 24 hours in advance 

of the public hearing. Speakers will be limited to five minutes and should bring a written copy of 

their comments. 

The Board will accept written testimony beginning Wednesday, August 10, 2011, and 

concluding Monday, September 12, 2011, by mail to: 

Board of Health

3333 Forbes Avenue

Pittsburgh, PA 15213

By email to BOH@achd.net

By Fax to 412-578-8325 




Comment and Response Document For

Amendment to Definition of Major Source and the New Source Review 

Regulations

Comment 1:

The change to Article XXI regarding the definition of major source is not correct. 

Correct language must mirror the definition of major source in 40 CFR 70.2 . 

Commentator: Paul T. Wentworth P.E., Environmental Protection Agency.

Response:

ACHD will be no longer be using this term for New Source Review (see the 

response to comment 4.) The ACHD definition and EPA definition are in parallel 

for the purposes of operating permits. The only significant difference is for the 

purpose of the proposed change, to clarify that ACHD may access the Tailoring 

Rule.

Comment 2:

Pennsylvania Department of Environmental Protection (PADEP) revised their regulation, 

section 127.201 (relating to general requirements), which contains a subparagraph

providing that facilities located in Bucks, Chester, Delaware, Montgomery or 

Philadelphia County that emit or have the potential to emit at least 25 TPY of VOCs or 

NOx will be considered a major facility and be subject to the requirements applicable to a 

major facility located in a ''severe'' nonattainment area of ozone. Allegheny County 

Health Department (the Department) has incorporated the entire regulation by reference. 

ACHD must explicitly state that this subparagraph does not apply and cite the location. 

Commentator: Paul T. Wentworth P.E., Environmental Protection Agency.

Response:

Article XXI has no authority beyond the boundaries of Allegheny County. 

Specifically excluding the reference to this subparagraph from the larger referenced 

PA Title 25 section may raise difficulties in the future, if the state adds or subtracts 

from the subparagraph, or if the County would become a “severe” nonattainment 

area in the future. However, in the interest of clarity, ACHD will state that this 

subparagraph does not apply.

Comment 3:

25 PA Code, Section 127.203 was revised by PADEP and includes provisions that would 

apply to an owner or operator of a facility located in Bucks, Chester, Delaware, 

Montgomery or Philadelphia County. ACHD has incorporated the entire regulation by 

reference. ACHD must explicitly state that this subparagraph does not apply and cite the 

location.

Commentator: Paul T. Wentworth P.E., Environmental Protection Agency.

Response:
Article XXI has no authority beyond the boundaries of Allegheny County. 

Specifically excluding this subparagraph from the larger referenced PA Title 25 

section may raise difficulties in the future, if the state adds or subtracts from the 

subparagraph. However, in the interest of clarity, ACHD will state that this 

subparagraph does not apply. 

Comment 4:

The proposed ACHD regulation 2102.06 contains language which uses the term “major 

source”. Regulation 2102.06 incorporates by reference the procedures in 25 PA Code 

Section 127.203 which must be followed to determine if the modification is a major 

source. The term “major source” is defined in ACHD regulation 2101.20 but is not 

defined in 25 PA Code 121.1. 127.203 refers to the term: “major facility” as defined in 

25 PA Code 121.1. The definitions of “major facility” and “major source” are different. 

The language in this proposed regulation must make clear that the term “major facility”

will be used in place of “major source.”

Commentator: Paul T. Wentworth P.E., Environmental Protection Agency.

Response:

ACHD agrees. The term “major source” is 2102.06 will be replaced with “major 

facility, as defined by 25 PA Code 121.1.”

Comment 5:

ACHD regulation 2102.06.a uses the term “major new source” which is not defined in 

any part of Article XXI. ACHD has a definition for “major source”. The language must 

be changed to “new major source”.

Commentator: Paul T. Wentworth P.E., Environmental Protection Agency.

Response:

ACHD agrees. The term “major new source” will now read “new major facility.”

See comment 4.

Comment 6:

In general EPA cannot approve the language throughout the proposed regulation that 

incorporates PADEP’s NSR regulations as it stands because it is ambiguous. ACHD must 

specify in their regulatory language what related terms are incorporated by reference with 

PADEP regulations. ACHD must make it clear up front that the terms associated with 

the specific PADEP regulatory section are incorporated by reference and are used in lieu 

of similar terms found in Article XXI, Chapter 2101.20. 

Commentator: Paul T. Wentworth P.E., Environmental Protection Agency.

Response:

In each instance that the proposed regulation references a state regulation, the 

redirection to state definitions have been changed to read similar to the following: 
“All terms used in 25 PA Code 127.203, and defined in 25 PA Code Section 121.1 are 

incorporated by reference, except as explicitly set forth herein.” statements. By this 

statement, all definitions used by the reference sections are to be defined by the 

definitions found in the Pennsylvania regulations, rather than those definitions 

found within Article XXI, excepting the few that are specifically listed. 

If, instead, a list of words to be defined were included, an affected source 

would find the need to search the entire regulation for any words not included in the 

list. By making the reference inclusive, this is not necessary. In addition, each time 

the state were to make changes in the referenced regulation, ACHD would need to 

correct the list, delaying implementation of the changes and causing confusion in the 

duration.

ACHD agrees that there may be some confusion with part of the proposed 

regulation that says “which are hereby incorporated by reference into this Article.” 

ACHD will replace “into this Article” with “into this Subsection.” This will clarify 

that the referenced regulation and its related definitions only apply for the specific 

subsection, and do not supercede Article XXI regulations and definitions elsewhere. 

Comment 7:

25 PA Code 127.13(b) has been amended to provide that the Department may extend the 

18-month period to construct, modify or install an air contamination source under a valid 

plan approval upon a satisfactory showing that an extension is justified. This revision has 

been made to ensure consistency between the Pennsylvania and Federal programs. 

ACHD did not address this in this proposed SIP revision.

Commentator: Paul T. Wentworth P.E., Environmental Protection Agency.

Response: A change has been made to add the 18-month extension.