
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  REGION III
                               1650 Arch Street
                       Philadelphia, Pennsylvania  19103

DATE:  June 18, 2013	
SUBJECT:    Technical Support Document (TSD) for the Commonwealth of Pennsylvania Implementation Plan for Section 110(a)(2) Infrastructure Requirements for the 2008 Lead (Pb)  National Ambient Air Quality Standards
                              /s/
FROM:	Ruth Knapp, Environmental Protection Specialist 
                        Office of Air Program Planning 

TO:		File
                           /s/                    
THRU:	 Cristina Fernandez,    
		 Associate Director, Office of Air Program Planning 

A.   INTRODUCTION
 The Environmental Protection Agency (EPA) is taking action on the Commonwealth of Pennsylvania (Commonwealth) State Implementation Plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) to meet the Clean Air Act (CAA) section 110(a)(2) requirements for the revised 2008 Lead National Ambient Air Quality Standards (NAAQS).

B.  BACKGROUND
2008 Lead NAAQS 
On October 15, 2008, EPA revised the primary and secondary lead NAAQS from 1.5 micrograms per cubic meter (ug/m[3]) to 0.15 ug/m[3].  Section 110(a) of the CAA requires states to submit SIPs that provide for the implementation, maintenance, and enforcement of new or revised NAAQS within three years following the promulgation of such NAAQS.  Section 110(a) of the CAA imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS.  For the 2008 lead NAAQS, states typically have met many of the basic program elements required in section 110(a)(2) of the CAA through earlier SIP submissions in connection with previous lead standards.  Section 110(a)(2) of the CAA lists specific elements that states must meet or continue to meet in these SIP submissions.  The requirements include SIP infrastructure elements such as requirements for modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS.  Section 110(a)(2) of the CAA infrastructure elements (A) through (M) are listed in EPA's memorandum from Stephen D. Page, Director, Office of Air Quality Planning and Standards to the Regional Air Division Directors, Regions 1-10, "Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS)," October 14, 2011,  (hereafter referred to as "Lead Infrastructure Guidance").


C.  EPA REQUIREMENTS
As discussed above, for the 2008 lead NAAQS, states must provide SIP submissions, or provide certification that the existing SIP contains provisions addressing relevant infrastructure SIP elements from sections 110(a)(2)(A) through (M) of the CAA.  To help states meet this statutory requirement, EPA issued the Lead Infrastructure Guidance, which listed the basic elements that states must include in their SIPs.  
  

D.  STATE'S SUBMITTAL
To satisfy the requirements of section 110(a)(1) and (2) of the CAA for the 2008 lead NAAQS, PADEP submitted a SIP revision in accordance with the October 11, 2011 guidance.  To satisfy the requirements of section 110(a)(1) and (2), PADEP submitted the lead infrastructure SIP revision on September 24, 2012 which was received on September 27, 2012.  EPA is acting on all elements except 110(a)(2)(I), and portions of elements that pertain to Part D nonattainment area requirements and portions of 110(a)(2)(E).  
 

E.  EVALUATION OF STATE SUBMITTAL

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

According to the submittal, the Commonwealth's enforceable emission limitations and other control measures are covered in the Air Pollution Control Act (APCA) and those provisions of Pennsylvania Code Title 25, Environmental Protection, Article III, Chapters 121-145 (25 Pa. Code Chapters 121-145), Title 67, Chapters 175  -  177 listed in 40 CFR §52.2020(c)(1), Allegheny County Health Department (ACHD) Regulations, Parts A through I to Articles XX and XXI listed in 40 CFR 52.2020(c)(2), Philadelphia Title 3 Air Management Code  and Philadelphia Air Management Services (AMS) Regulations I, II, III, IV, V, VII, VIII, XI, and XIII listed in 40 CFR 52.2020(c)(3), and source specific provisions codified at 40 CFR 52.2020(d)(1) and (2).  Based upon EPA's review of the submittal, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(A). 

EPA does not consider SIP requirements triggered by the nonattainment area mandates in part D of Title I of the CAA to be governed by the submission deadline of section 110(a)(1).  Nevertheless, the Commonwealth may have included some previous EPA-approved SIP provisions originally submitted in response to part D in its submission documenting its compliance with the requirements of sections 110(a)(1) and (2) of the CAA.  For the purposes of this action, EPA has reviewed the above identified Pennsylvania submittals, including any rules originally submitted in response to part D, or references thereto, solely for the purposes of determining whether such submittals support a finding that the state has met the basic infrastructure requirements under section 110(a)(2).

In this action, EPA is not proposing to approve or disapprove any existing Commonwealth provisions with regard to excess emissions during SSM of operations at a facility.  Also, EPA is not proposing to approve or disapprove any existing State rules with regard to director's discretion or variance provisions.  

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

According to the submittal, Section 4(17) of the APCA, 35 P.S. § 4004, provides authority to "determine by means of field studies and sampling the degree of air pollution existing in any part of the Commonwealth."  PADEP establishes, operates and maintains a network of ambient air monitors throughout Pennsylvania, excluding Philadelphia and Allegheny Counties. Both Philadelphia AMS and the ACHD operate their monitoring networks and collect data under Pennsylvania approved programs. 

Based on the submittal, the Pennsylvania network consists only of monitors that have been designated by EPA as either Reference or Equivalent monitors.  All ambient air monitors are subjected to the Quality Assurance requirements of 40 CFR Part 58, Appendix A.  In addition, all samplers are located at sites that have met the minimum siting requirements of Part 58, Appendix E.

Also according to the submittal, as required in 40 CFR Section 58.10, an annual network design plan is required to be submitted to the EPA Regional Administrator by July 1 of each year. The network design document informs both EPA and the public of any planned changes to the sampling network for the next year. The annual network design plan provides a description of the current monitoring network, a reason for each change, and any other information relevant to the change. DEP provides a 30-day public comment period for the annual network design plan.  In addition, DEP and the local air agencies provide EPA Region III with prior notification of any planned changes to the network between formal network design submissions. As needed, details of these changes are communicated to and approved by EPA. 

The following detailed information is provided as supplemental information but specific monitor locations are not being incorporated into the SIP.  In accordance with the original Lead Ambient Air Monitoring Requirements, promulgated November 12, 2008 (73 FR 66964), monitoring equipment was installed in association with twelve facilities emitting more than one ton of lead per year (Horsehead Monaca and Bruce Mansfield power plant in Beaver County; East Penn and Exide in Berks County; Exelon Eddystone power plant in Delaware County; U.S. Army at Letterkenny in Franklin County; Keystone power plant in Indiana County; Inmetco in Lawrence County; Schott in Luzerne County; Conemaugh power plant in Westmoreland County; and Bridgeville Glass and Allegheny Ludlum in Allegheny County). These monitoring stations were installed and operational by January 1, 2010. In accordance with the Revisions to the Lead Ambient Air Monitoring Requirements, promulgated December 27, 2010 (75 FR 81126), seven facilities were identified as emitting more than 0.5 tons per year in Pennsylvania.  Monitoring equipment has been installed at two locations (Mt. Joy Wire in Lancaster County and Horsehead Palmerton in Carbon County). These lead monitoring stations were installed and operational by May 24, 2012. EPA has issued waivers for the remaining facilities. Those facilities are: EME Homer City in Indiana County, Allegheny Energy Hatfield in Fayette County, Allegheny Ludlum in Westmoreland County and PPL Montour in Montour County. Waivers were issued for these facilities either because there were no modeled impacts from these facilities or the area of modeled impacts fell in non-populated areas. 

Based upon EPA's review of the submittal, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(B). 


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

According to the above referenced submittal, sections 4 and 8 of the APCA, 35 P.S. §§ 4004 and 4008, provide adequate authority for PADEP to enforce appropriate limitations and other control measures.  Section 6.1(k) of the APCA, 35 P.S. § 4006.1(k), provides that PADEP shall require revisions to any permit to incorporate applicable standards and regulations promulgated under the CAA after issuance of a Title V permit. 

Also according to the submittal, Section 9.1 of the APCA, 35 P.S. § 4009.1, provides that PADEP may assess civil penalties for violations of the APCA, regulations adopted under the APCA, Department orders or terms, and conditions of plan approvals and operating permits.  Additionally, Section 7.1 of the APCA, 35 P.S. § 4007.1, authorizes PADEP to withhold plan approvals, state operating permits, or Title V permits where an applicant or related party has shown a lack of ability or intention to comply with the APCA.  
 
 SIP revisions approved by EPA in 40 CFR 52.2020 such as maintenance plans often include enforceable emissions limits, control measures, fees, and compliance schedules by describing regulations upon which the plans rely. 

According to the submittal, the Commonwealth's enforceable emission limitations and other control measures are covered in those provisions of the APCA and Pennsylvania Code, Title 25, Environmental Protection, Article III, Chapters 121-145 (25 Pa. Code Chs. 121-145); Title 67, Chapters 175  -  177 that are listed in 40 CFR §52.2020(c)(1); ACHD Regulations, Parts A through I to Articles XX and XXI that are listed in 40 CFR 52.2020(c)(2); Philadelphia Title 3 Air Management Code and Philadelphia AMS Regulations I, II, III, IV, V, VII, VIII, XI, and XIII that are listed in 40 CFR 52.2020(c)(3); and source specific provisions codified at 40 CFR 52.2020(d)(1).  

According to the submittal, elements of the program for enforcement are found in the monitoring, recordkeeping and reporting requirements for sources in these control measures as well as those provisions of:  25 Pa. Code Chapter 127, subchapters D and E that are listed in 40 CFR 52.2020(c)(1); those provisions of ACHD Regulations, Parts H and I to Articles XX and XXI that are listed in 40 CFR 52.2020(c)(2); and those provisions of the Philadelphia Title 3 Air Management Code and Philadelphia AMS Regulation I that are listed in 40 CFR 52.2020(c)(3).

All areas of the Commonwealth have a SIP approved permitting program in 40 CFR 52.2020.  EPA recently approved the Part C permitting program for Allegheny county into the SIP on February 28, 2013 (78 FR 13493).   The Commonwealth also has an adequate minor source permitting program for stationary sources to insure the NAAQS is maintained.  

Based upon EPA's review of the submittal, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(C).   

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

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

In accordance with the decision of the U.S. Court of Appeals for the District of Columbia,  the EPA at this time is not treating the 110(a)(2)(D)(i)(I) SIP submission from the Commonwealth of Pennsylvania as a required SIP submission.  See EME Homer City Generation, L.P. v. EPA, 696 F .3d 7  However, even if the submission is not considered to be "required," the EPA must act on the 110(a)(2)(D)(i)(I) SIP submission from Pennsylvania because section 110(k)(2) of the CAA requires the EPA to act on all SIP submissions.  Unless the EME Homer City decision is reversed or otherwise modified by the Supreme Court, states are not required to submit 110(a)(2)(D)(i)(I) SIPs until the EPA has quantified their obligations under that section. The portions of the SIP submission relating to 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii), in contrast, are required.  In this notice, EPA is proposing to act on all portions of the Commonwealth of Pennsylvania's 110(a)(2)(D) submission.  

Based on Pennsylvania's permitting and emission inventory system, there are no sources of lead emissions equal to or greater than 0.5 ton per year within a close proximity (less than a 2 mile radius) of the state borders and this submittal includes as supplemental material a map showing lead sources in the Commonwealth  for reference. The physical properties of lead prevent lead emissions from traveling long distances, and there is a sharp decrease in lead concentrations as the distance from a source increases. Therefore, lead sources in Pennsylvania do not have emissions that impact neighboring states such that they contribute significantly to nonattainment or interfere with maintenance by any other states. 

Based upon EPA's review of the submittal and based upon the Lead Infrastructure Guidance, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(D)(i)(I). 


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

For all areas of Pennsylvania, a SIP approved Prevention of Significant Deterioration (PSD) program is in place. The permitting program is codified at 40 CFR 52.2020.  See additional discussion under 110(a)(2)(C).  Based upon EPA's review of the submittal, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(D)(i)(II) for the part C permit program.  

Prong 4 of section 110(a)(2)(D)(i) requires that SIPs include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures to protect visibility required to be included in another state's SIP.  EPA's guidance of October 14, 2011, entitled, "Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS)" states that "With regard to the requirement of prong 4, i.e., visibility under subsection (2)(D)(i)(II) significant impacts from Pb emissions from stationary sources are expected to be limited to short distances from the source and most, if not all Pb stationary sources are located at distances from Class I areas such that visibility impacts would be negligible."  This is the case in Pennsylvania.  As described in the Pennsylvania submittal, Pennsylvania does not have a Class I area and the closest Class I areas to Pennsylvania are Brigantine Wilderness in New Jersey and Otter Creek Wilderness in West Virginia which are approximately 70 and 73 kilometers, respectively, from the borders with Pennsylvania.   Pennsylvania's submittal also included a map showing lead sources and their locations.  As discussed above, in the section on D(i)(I),  based on Pennsylvania's permitting and emission inventory system, there are no sources of lead emissions equal to or greater than 0.5 ton per year within a close proximity (less than a 2 mile radius) of the state borders. The physical properties of lead prevent lead emissions from traveling long distances, and there is a sharp decrease in lead concentrations as the distance from a source increases. Therefore, lead sources in Pennsylvania do not have emissions that impact neighboring states and as such do not impact visibility protection by any other states. 

Based upon EPA's review of the submittal and based upon the Lead Infrastructure Guidance, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(D)(i)(II) for visibility protection.   

In addition, the EPA notes that the approved Pennsylvania SIP still includes the Clean Air Interstate Rule (CAIR) for electrical generating units (EGUs).  In 2008, the D.C. Circuit remanded CAIR back to EPA.  See North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008).  The court found CAIR to be inconsistent with the requirements of the CAA, see North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA without vacatur because it found that "allowing CAIR to remain in effect until it is replaced by a rule consistent with [the court's] opinion would at least temporarily preserve the environmental values covered by CAIR." North Carolina, 550 F.3d at 1178. 
After the remand of CAIR by the D.C. Circuit and the promulgation by EPA of a new rule  -  the Cross State Air Pollution Rule (CSAPR)  -  to replace CAIR, the D.C. Circuit issued a decision to vacate CSAPR.  EME Homer City Generation, LP v. EPA, 696 F.3d 7 (D.C. Cir. 2012), reh'g denied 2013 U.S. App. LEXIS 1623 (Jan. 24, 2013).  In this decision, the court ordered EPA to "continue administering CAIR pending the promulgation of a valid replacement."  Thus, EPA has been ordered by the court to develop a new rule, and to continue implementing CAIR in the meantime. 
 EPA is proposing to approve the infrastructure SIP submission with respect to prong 4 in Section 110(a)(2)(D)(i)(II) because Pennsylvania's SIP provisions adequately prevent sources in Pennsylvania from interfering with measures adopted by other states to protect visibility given physical properties of lead, the insignificance of lead in visibility impacts, the location of lead sources in Pennsylvania,  EPA's guidance in the Lead Infrastructure Guidance, and Pennsylvania's approved SIP provisions.  
 Section 110(a)(2)(D)(ii) 

 The Commonwealth has no current or pending obligations pursuant to CAA sections 126 and 115 for the 2008 Lead NAAQS. 

EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(D)(ii).  

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

According to the above referenced submittal, the Commonwealth's enforceable emission limitations and other control measures are covered in:  a) the APCA and those provisions of Pennsylvania Code Title 25, Environmental Protection, Article III, Chapters 121-145 (25 Pa. Code Chs. 121-145) and Title 67, Chapters 175-177 that are listed in 40 CFR § 52.2020(c)(1); b) those provisions of ACHD Regulations, Parts A through I to Articles XX and XXI that are listed in 40 CFR §52.2020(c)(2); c) those provisions of Philadelphia Title 3 Air Management Code and Philadelphia AMS Regulations I, II, III, IV, V, VII, VIII, XI, and XIII that are listed in 40 CFR 52.2020(c)(3); and, d) source specific provisions codified at 40 CFR 52.2020(d)(1).  The regulations in the Pennsylvania Code are duly adopted by the Environmental Quality Board.  Those adopted by the local air agencies, namely ACHD and Philadelphia AMS, are duly adopted by the county Board of Health, enacted by the County Council and approved by the Chief Executive and the Air Pollution Control Board, respectively, pursuant to section 12 of the APCA  (35 P.S. § 4012). Where these provisions relate to section 110 requirements, SIP revisions have been submitted to and approved by EPA.  EPA-approved SIP revisions are codified at 40 CFR part 52, subpart NN.  

According to the submittal, Section 12 of APCA (35 P.S. § 4012) establishes the ability of the two pre-existing local air agencies to continue to operate their own programs.  Authority for AMS is provided by Title 3, Air Management Code and for ACHD by Article XXI and County Ordinance 16782. 

Also, the above referenced submittal indicates Section 6.3 of APCA (35 P.S. § 4006.3) authorizes PADEP to establish fees sufficient to cover the indirect and direct costs of administering the plan approval and operating permit program including Title V and costs of administering certain committees.  25 Pa. Code §127.701, as currently approved in the SIP, establishes fees to cover the direct and indirect costs of administering the air pollution control planning process, operating permit program, certain committee operation and to support the air pollution control program authorized by state statute.  The APCA also authorizes the establishment of fees to cover non-Title V costs.  The air quality program also receives revenue from fines and penalties (Clean Air Fund) and federal funds under Sections 105 and 103 of the CAA, special federal funds for PM2.5, and state general appropriations.  PADEP also indicated that it has adequate personnel along with funding and authority to carry out the SIP.  The local agencies receive Sections 105 and 103 funds directly from EPA, have their own authority to collect Title V and other fees, and also receive revenue from fines and penalties that are restricted for air quality program purposes.  PADEP's agreements with ACHD and AMS assure that these local agencies similarly have the personnel, funding and authority to carry out their respective obligations under the SIP.

The above referenced submittal indicates that Section 12 of the APCA reserved powers to political subdivisions to enact air pollution control ordinances, which are not less stringent than the requirements of the CAA, APCA, and regulations adopted under the acts.  The APCA authorizes only two local air pollution control programs in the Commonwealth, which are administered by the Philadelphia AMS and the ACHD.  PADEP maintains agreements with the two local air agencies that PADEP relies on for implementation of the SIP in Allegheny and Philadelphia counties.  PADEP has approved the local programs in the areas of financial assistance, annual workload projection, emissions reporting, source monitoring and reporting, enforcement, ambient air monitoring and reporting, and air quality permitting.  PADEP has responsibility for ensuring adequate implementation of SIP provisions by local authorities under Section 12 of the APCA, 35 P.S. § 4012. The submission of a description of the implementation of the local air pollution control program along with a detailed accounting of the costs of implementation is required on an annual basis.

Based upon EPA's review of the above referenced submittal, and the Lead Infrastructure Guidance, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(E)(i) and 110(a)(2)(E)(iii).  EPA will act on 110(a)(2)(E)(ii) in a separate action. 

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

According to the above referenced submittal, regulatory requirements related to sampling and testing have been codified in 25 Pa. Code Chapter 139 and requirements in 25 Pa. Code Section §135.3 provide for the reporting of emissions inventories in a format established by PADEP on a schedule set forth in the section.  In addition, 25 Pa. Code § 135.21 requires the submission of emission statements as required by the CAA.  Area, mobile, and non-road data are reported on a 3-year cycle consistent with 40 CFR Part 51. 

Also  the Commonwealth's enforceable emission limitations and other control measures are covered in the APCA and those provisions of Pennsylvania Code Title 25, Environmental Protection, Article III, Chapters 121-145 (25 Pa. Code Chs. 121-145),  listed in 40 CFR §52.2020(c)(1),  ACHD Regulations, Parts A through I to Articles XX and XXI listed in 40 CFR 52.2020(c)(2), Philadelphia Title 3 Air Management Code, Philadelphia AMS Regulations I, II, III, IV, V, VII, VIII, XI, and XIII listed in 40 CFR 52.2020(c)(3), and, source specific provisions codified at 40 CFR 52.2020(d)(1) and (2).  Elements of the program for enforcement are found in the monitoring, recordkeeping and reporting requirements for sources in these control measures as well as 25 PA Code §127, subchapters D and E, ACHD Regulations, Parts H and I to Articles XX and XXI and Philadelphia AMS Regulation I.

Also according to the above referenced submittal, the Commonwealth has the responsibility of making all records, reports or information obtained by PADEP or referred to at public hearings under the provisions of the APCA available to the public, except to the extent the records, reports or information are protected by confidentiality pursuant to APCA section 13.2, 35 P.S. § 4013.2.  The types of records PADEP routinely provides access to include notifications, inspection reports, notices of violation, enforcement orders, applications, permit review letters, sample results, monitoring reports, permits, approvals and denials that would relate to §110(a)(2)(F).  PADEP generally makes information available for public access through its website, but also makes hard copy reports available upon written request.

Based upon EPA's review of the submittal and upon the Lead Infrastructure Guidance, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(F). 

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

According to the submittal referenced above, the Commonwealth can request the owners and operators of lead-emitting facilities to create Standby Plans in accordance with the provision in 25 Pa. Code Chapter 137 (relating to air pollution episodes). Standby plans, when necessary, must be developed in accordance with the criteria in 25 Pa. Code § 137.4 (relating to standby plans). While no specific emergency episode plans are required at this time, Pennsylvania has adequate general emergency powers to address lead related episodes, as appropriate and necessary.  Enabling authority for "Emergency Powers" is contained in Sections 5(5) and 6.2 of the APCA (35 P.S. §§ 4005(5) and 4006.2). 

ACHD has adopted Part F to Article XX/XXI and Philadelphia AMS has adopted Regulation IV, all of which cover air pollution episodes and the occurrence of an emergency due to the effects of pollutants on the health of persons. The state and local requirements in 25 Pa. Code Chapter 137, Part F to Article XX/XXI and Philadelphia AMS Regulation IV were approved by EPA and codified in Pennsylvania's SIP on May 31, 1972 (37 FR 10842), June 16, 1993 (58 FR 33203), June 12, 1998 (63 FR 32126), June 11, 2002 (67 FR 39854), and November 14, 2002 (67 FR 68935). 

Based upon EPA's review of the above referenced submittals, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(G). 

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

 According to the above referenced submittal, Section 4(1) of the APCA, 35 P.S. § 4004(1), empowers the Department to implement the provisions of the CAA.  Section 5 of the APCA, 35 P.S. § 4005, authorizes the Environmental Quality Board to adopt rules and regulations for the prevention, control, reduction and abatement of air pollution. In addition, 25 Pa. Code §131.2 adopts and incorporates the federal NAAQS by reference. The revised standards are effective in Pennsylvania on the same effective date set forth in the Federal Register for each new or revised NAAQS.  The Department has revised and will continue to revise the SIP as may be necessary when EPA revises the primary or secondary NAAQS and when, if ever, EPA finds the SIP is substantially inadequate to attain the NAAQS which it implements or otherwise to comply with the CAA. The Department has revised and will continue to revise the SIP to take advantage of improved or more expeditious methods to attain the NAAQS. 

Based upon EPA's review of the above referenced submittal and the Lead Infrastructure Guidance, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(H).

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

According to the above referenced submittal, the APCA provides adequate authority for the process for the review of proposed SIP revisions, as required under CAA Sections 121 and 127 and notification of NAAQS violations as required in CAA Section 127. It also provides authority for the public education efforts described in CAA Section 127. Section 4 of the APCA, 35 P.S. § 4004, provides general enabling authority for interaction with the public and local government. 

Also according to the above referenced submittals, PADEP makes real-time and historical air quality information available on its Web site.  Lead data is available on the PADEP web site at http://www.ahs2.dep.state.pa.us/aq_apps/aadata/ 
   
PADEP has incorporated by reference into Chapter 127, Subchapter D, the requirements in 40 CFR 52 under section 161 of the CAA (42 U.S.C.A. § 7471) for prevention of significant deterioration in their entirety.  These provisions were approved by EPA as part of the SIP and can be found in 40 CFR 52.2020.  Philadelphia's PSD regulations and Allegheny County's PSD regulations are also in the SIP. 

As stated in the Lead Infrastructure Guidance, EPA did not expect the visibility protection and regional haze program requirements from Part C of Title I of the CAA to change with the 2008 Lead NAAQS and therefore EPA concluded that there are no new applicable visibility protection obligations under 110(a)(2)(J) from the 2008 Lead NAAQS.  EPA discussed for Section 110(a)(2)(D)(i)(II) how the Commonwealth provided required visibility protection in accordance with the Lead Infrastructure Guidance.  

Based upon EPA's review of the above referenced submittal and upon the Lead Infrastructure Guidance,  EPA is proposing to determine that the Commonwealth  has met its obligations pursuant to CAA Section 110(a)(2)(J).  

    

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

According to the above referenced submittal, Section 4(1) of the APCA provides that it is the power and duty of PADEP to implement the provisions of the CAA in the Commonwealth.  35 P.S. § 4004 (1).  Inherent in this grant of power and duty is the obligation to meet the NAAQS established under Section 107 of the CAA.  Section 4(15) of the APCA provides that it is the power and duty of PADEP to conduct or cause to be conducted studies and research with respect to air contaminants, their nature, causes and effects, and with respect to the control, prevention, abatement and reduction of air pollution and air contamination. 35 P.S. § 4004 (15).  This power and duty include the power and duty to perform air quality modeling and data submissions prescribed by the Administrator of EPA under Section 110(a)(2)(K) of the CAA. 

The Commonwealth's SIP approved PSD programs contain appropriate modeling requirements because the Commonwealth incorporates by reference the Federal PSD requirements including those for modeling.   

According to the above referenced submittal, inherent in Pennsylvania's obligation to meet the NAAQS and to conduct or cause to be conducted studies and research is the authority and obligation for the Department to perform modeling as required under the CAA to demonstrate attainment of the NAAQS.  Pennsylvania will continue to perform modeling as required under the CAA to demonstrate attainment.  Pennsylvania will continue to submit the air quality modeling data as part of its relevant SIP submissions and through federal grant commitments or in other ways that EPA may request.

Based upon EPA's review of the above referenced submittal and upon the Lead Infrastructure Guidance, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(K). 

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

According to the above referenced submittal, fee requirements of 25 Pa. Code Chapter 127, Subchapter I, were approved by EPA as meeting the CAA requirements and were incorporated into the Commonwealth's SIP.  The Commonwealth's Title V operating permit program in 25 Pa Code Chapter 127, Subchapter G, was approved (61 FR 39597).  Fee requirements are codified at  40 CFR 52.2020(c)(1), Appendix A  -- Approval Status of State and Local Operating Permits Programs to 40 CFR Part 70, approved by EPA at 61 Fed. Reg. 39597, July 30, 1996.    
 
Based upon EPA's review of the above referenced submittal and upon the Lead Infrastructure Guidance, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(L). 

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

According to the above referenced submittal, the APCA provides adequate authority for PADEP's practices of consultation and participation in SIPs, as required under CAA sections 121 and 127 and notification of NAAQS violations as required in CAA section 127.  It also provides authority for the public education efforts described in CAA section 127.  Section 4 of APCA, 35 P.S. § 4004, provides general enabling authority for interaction with the public and local government.  Also section 7 of the APCA which pertains to public hearings requires input on rules and regulations that pertain to air pollution. 

According to the above referenced submittal, PADEP makes real-time and historical air quality information available on its Web site.  Based upon EPA's review of the above referenced submittal, and the Lead Infrastructure Guidance, EPA is proposing to determine that the Commonwealth has met its obligations pursuant to 110(a)(2)(M). 


F.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA's analysis of  Pennsylvania's infrastructure submittal for the 2008 Lead  NAAQS concludes that Pennsylvania's submittal meets the requirements for section 110(a)(2)(A), (B), (C), (D), (E)(i), E(iii), (F), (G), (H), (J), (K), (L), and (M) as described above.  It is recommended that a rulemaking be prepared proposing approval of Pennsylvania's infrastructure submittal for the 2008 Lead NAAQS for the elements indentified above.  
