                            Memorandum of Agreement
     Delegation of Authority of the Sewage Sludge Incinerator Federal Plan
                                    Between
             Pennsylvania Department of Environmental Protection 
             and the United States Environmental Protection Agency
                                       

 GENERAL
 This Memorandum of Agreement (hereinafter MoA) defines policies, responsibilities, and procedures pursuant to 40 Code of Federal Regulations (CFR) 60.5045 and 40 CFR Part 62, Subpart LLL (Federal Plan Requirements for Sewage Sludge Incineration Units), by which the Federal Plan Requirements for Sewage Sludge Incineration Units (Federal Plan) will be administered by the Pennsylvania Department of Environmental Protection (PADEP). The Environmental Protection Agency (EPA) retains the authorities outlined in 40 CFR 62.16050.  This MoA will be maintained consistent with the Clean Air Act (hereinafter the Act) and its regulations and the Pennsylvania Air Pollution Control Act and its regulations.  The provisions of this MoA include the terms, conditions, and the effective date of the delegation of the Federal Plan.  This MoA shall serve as the mechanism for the transfer of authority to PADEP.  The delegation of the Federal Plan to PADEP will be in effect until there are no sewage sludge incinerator (SSI) facilities subject to the Federal Plan in Pennsylvania, EPA publishes an approval of a State Plan that PADEP has submitted, or EPA withdraws delegation of the Federal Plan according to the provisions of this MoA, whichever occurs the earliest.
 In a letter dated September 12, 2016, Krishnan Ramamurthy, Acting Director of PADEP Bureau of Air Quality requested from EPA delegation of authority to implement and enforce the Federal Plan.  The geographic area covered by this MoA is the Commonwealth of Pennsylvania.
 Nothing in this MoA shall be construed to constrain in any way EPA's authority to fulfill its oversight and enforcement responsibilities under the Act.  Nothing in this MoA shall be construed to contravene any provision of 40 CFR Part 62, Subpart LLL.  This MoA does not modify the Federal Plan's requirements that all submissions be made to EPA, except to the extent that this MoA requires that all submissions be made to PADEP in addition to EPA.  This MoA is in addition to, and does not contravene, EPA's other approvals and/or delegations under the Act.
 EPA shall have the authority to revoke all or part of this delegation if EPA determines that the State has failed to properly implement or enforce the Federal Plan.
 This MoA is effective upon authorized signature by both the PADEP and the EPA and shall have an effective date of the last date on which it is signed.  The delegation of the Federal Plan to PADEP shall become effective upon publication of the delegation in the Federal Register.
 This MoA may be modified only after mutual consent of both parties for any purpose. EPA and PADEP reserve the right to revisit the MoA if the Federal Plan is revised after the effective date of the delegation of authority.  Any revisions or modifications to this MoA must be in writing and must be signed by both PADEP and EPA.
 Policy Statement
 Each party is responsible, as outlined below, for ensuring that their obligations under 40 CFR Part 62, Subpart LLL are met.  Both parties agree to maintain a high level of communication, cooperation, and coordination between their respective staffs to assure successful and effective administration of the Federal Plan.
 PADEP shall have primary responsibility for:
 Administering the Federal Plan in accordance with 40 CFR Part 62, Subpart LLL, applicable State/local law, the purposes of the Act, and this MoA.
 Making any changes in implementing the delegated Federal Plan, as necessitated by regulatory changes.
 Sharing information with EPA regarding administration of the Federal Plan.
 EPA shall have responsibility for:
 Providing effective oversight of the Federal Plan to ensure consistency with 40 CFR Part 62, Subpart LLL and this MoA, and to promote national consistency in implementation of the Act.
 Providing ongoing technical and other assistance on SSI matters as requested.
 Informing the PADEP as soon as possible about the EPA's new regulations and any related litigation results or settlements, new Federal standards, implementation information and related Federal policies, as related to SSI matters, the effect of these new requirements, and the action needed by the PADEP.
 Informing the PADEP as soon as possible about the EPA's decisions to revoke any, or all, of the authority granted to the State for delegation purposes.
 Program Implementation
 PADEP agrees to do the following:
 Enforce the Federal Plan in accordance with the provisions of 40 CFR Part 62, Subpart LLL. 
 Require all facilities, identified in paragraph 10 herein, to simultaneously submit all reporting, as stipulated in Table 6 of the Federal Plan, to PADEP in addition to EPA.
 Administer and oversee performance testing and monitoring requirements.
 Administer and oversee compliance reporting and recordkeeping requirements.
 Inspect all Sewage Sludge Incinerators in accordance with the most recent Compliance Monitoring Strategy (CMS) work plan approved by EPA and report the minimum data requirements to EPA via the ICIS-AIR, or comparable system specified by EPA, with a special emphasis on updating the facility compliance status. 
 Perform follow-up inspections or review of facility records to ensure correction of violations discovered during routine inspections.
 Review Excess Emissions Reports and stack test reports to ascertain compliance and report information concerning federal "High Priority Violations" to EPA via ICIS-AIR (through the state eFACTS system), or comparable system specified by EPA, with a special emphasis on updating the facility compliance status.  
 Address violations that meet the definition of "High Priority Violations," in accordance with most recent version of EPA's Enforcement Policy (currently the "Timely and Appropriate Enforcement Response to High Priority Violations  -  Revised 2014," August 25, 2014) and Federally-Reportable Violations policy (currently the "Guidance on Federally-Reportable Violations under the CAA," September 23, 2014).
 Coordinate closely with EPA on enforcement matters related to compliance for the following facilities in PA:  
 East Norriton-Plymouth-Whitpain Joint Sewer Authority
 City of Erie Waste Water Treatment Plant
 Delaware County Western Regional Treatment Plant 
 Hatfield Township Municipal Authority
 Upper Moreland -Hatboro Joint Sewer Authority
 Wyoming Valley Treatment Plant
 EPA agrees to do the following:
 Provide technical support and assistance, and training opportunities for interpretation of national regulations, development of technology-based requirements for automated transmission of data to EPA databases, and other areas as requested by PADEP.
 Make reasonable efforts to communicate to PADEP when additional legal, technical, and financial resources may be necessary to implement new Clean Air Act Section 129 requirements as they become applicable.	
 Program Overview
 To assure that program requirements are met, EPA agrees to do the following:
 Expeditiously review and respond, as appropriate, to requests for information or assistance by PADEP, in connection with its implementation of the Federal Plan.
 Take final action on any substantial modification to this MoA agreed to by PADEP and EPA.  Provide for final action in the Federal Register as soon as practicable or within 180 days of the submission/initiation of MoA modification.
 PADEP and EPA agree that EPA will assess PADEP's administration of the Federal Plan on an ongoing basis for consistency with 40 CFR Part 62, Subpart LLL, and all other requirements of the Act.  
 EPA's assessment of PADEP's administration of the Federal Plan will be accomplished by EPA review of information, including, but not limited to, information submitted by PADEP to EPA for permit review, compliance and enforcement review; and comments received from regulated persons, the public, and Federal, State, and local agencies.  Copies of any comments received from such sources, other than PADEP, will be provided to PADEP.
                  
 EPA may audit PADEP files and documents at PADEP offices for selected SSI facilities to determine, for example, that annual emission rate reports, increments of progress notices, materials separation plans, copies of notices of public meetings, documents summarizing responses to public comments, construction notices and fuel reports, as applicable, are received, processed, and enforced in a manner consistent with federal requirements.  Audits may be conducted on an as needed basis, and EPA will give reasonable notice to PADEP prior to initiating any audit.
 If EPA determines that PADEP is not adequately administering or enforcing the Federal Plan, EPA will notify PADEP of the determination as soon as possible and provide the reasons for the determination; PADEP and EPA will then determine the process and time frame for correcting the deficiencies in an expeditious manner.
 PADEP agrees to allow EPA access to all files and other requested information deemed necessary by EPA to assess PADEP's administration of the delegated Federal Plan as described herein, subject to the confidentiality provisions of this MoA.
 Responsibilities of PADEP under delegation of the Federal Plan
 PADEP agrees to do the following:
 Ensure affected Pennsylvania facilities comply with the "operator certification requirements" section of the Federal Plan by obtaining copies of the operator certifications.
 Ensure affected Pennsylvania facilities comply with the "operator training requirements" of the Federal Plan, 40 CFR §§ 62.15920 through 62.15950.
 Ensure facility compliance with the establishment of operating parameters for SSI units as stipulated in Table 4 of the Federal Plan.
 Ensure facility compliance with the reporting requirements for SSI units as stipulated in Table 6 of the Federal Plan.
 Ensure Final Compliance with the compliance schedule of facilities as stipulated in Table 1 and 40 CFR 62.15875 of the Federal Plan.
 Delegable Authorities
 Following execution of this MoA, EPA intends to delegate to PADEP the authority to implement and enforce the Federal Plan.  
 These authorities are retained by EPA pursuant to 40 CFR 62.16050:
 Approval of alternatives to the emission limits and standards in Tables 2 and 3 of the Federal Plan and operating limits established under 40 CFR § 62.15965 or § 62.15985.
 Approval of major alternatives to test methods.
 Approval of major alternatives to monitoring.
 Approval of major alternatives to recordkeeping and reporting.
 The requirements in 40 CFR 62.15965.
 The requirements of 40 CFR 62.15945(b)(2).
 Performance test and data reduction waivers under 40 CFR 60.8 (b).
 EPA agrees to notify PADEP as expeditiously as possible when the authorities retained by EPA are exercised.
 Reporting and Transmittal of Information
 PADEP agrees to submit information to EPA Region 3 in accordance with the most recent version of the CMS workplan, High Priority Violator Policy, stacktesting protocol, and Title V/NSR Operating Permits Programs and Air Compliance Program Memorandum of Understanding, Implementation Agreement for Pennsylvania's Title V Operating Permits Program, as applicable.  PADEP also agrees to submit state progress reports to EPA in accordance with 40 CFR § 62.15865(a)(2) and § 60.5015(a)(7).  EPA will request any additional information needed from the state as it is needed.
 EPA agrees to submit copies of any transmittal letters for 114 actions by EPA on affected SSI facilities to PADEP Bureau of Air Quality Chief of Division of Compliance and Enforcement in accordance with the most recent version of the CMS workplan.
 PADEP and EPA agree to the following procedures with respect to confidentiality of information.
 Any information obtained or used in the administration of the Federal Plan shall be available to EPA or PADEP upon the other party's request, as allowed by applicable federal and state regulations.  If the information has been submitted to PADEP under a claim of confidentiality, PADEP must submit that claim to EPA when providing the information.
 If any information is submitted to PADEP under a claim of confidentiality for the purposes of the SSI Federal Plan and Pennsylvania statutes prohibit submitting that information to EPA, PADEP will require the source to submit the information directly to EPA.
 EPA will treat any information obtained from PADEP or from a source subject to a claim of confidentiality in accordance with the regulations in 40 CFR Part 2.
 Signatures
	For the United States,
	United States Environmental Protection Agency, Region 3




      By:	__________/s/________________________		Date:     ______3/1/19_____
		Cosmo Servidio
		Regional Administrator


	For the Commonwealth of Pennsylvania,
	Pennsylvania Department of Environmental Protection




      By:	_________/s/________________________		Date: 	_______1/25/19______
		Patrick McDonnell
		Secretary
