1 AIR POLLUTION ACT CONTROL 35 Act of Jan. 1959, P.L. 2119, No. 787 Cl. 8, (1960) AN ACT for protection of the health, general the To provide better of the of the Commonwealth by property people welfare and reduction and prevention the control, abatement, of the air by smokes, dusts, fumes, gases, odors, of the pollution pollens and similar mists, or any combination vapors, matter, imposing powers and duties on the Department thereof; certain the Quality Board Resources, of Environmental Environmental Board; establishing procedures and the Environmental Hearing protection of health and public safety during the for creating a stationary air contamination conditions; emergency permit system; providing additional source for remedies abating pollution; reserving powers to local political air and defining relationship between this act subdivisions, the ordinances, and regulations of counties, the resolutions and towns and townships; imposing penalties cities, boroughs, of this act; and providing for the power to violation for violations of this act; enjoin conferring upon persons and aggrieved rights and remedies. (Title amended Oct. certain 1972, No.245) 26, P.L.989, Note: Section 502(c) of Act 18 of 1995, which Compiler's created the of Conservation and Natural Department Resources renamed the Department of Environmental and Resources as the Department of Environmental Protection, provided that Environmental Quality Board shall have the powers and currently vested in it, except as the duties Department and Natural in the of Conservation vested 18 of 1995, which powers and duties Resources by Act set forth in Act 787 of 1959. those include TABLE OF CONTENTS 1. Short Title. Section 2. of Policy. Section Declaration 3. Definitions. Section Powers and Duties Section Department of 4. of the Environmental Protection. 4.1. Agricultural Regulations Prohibited. Section 4.2. Section Actions. Permissible 4.3. Section Evaluation. 5. Environmental Quality Section Board. Section 6. Environmental Hearing Board. Section 6.1. Plan Approvals and Permits. Section 6.2. Procedure. Emergency 6.3. Fees. Section Fee Areas. Certain Ozone Section 6.4. for Acid Deposition Control. Section 6.5. 6.6. Hazardous Section Pollutants. Air Section Control of Volatile Organic Compounds from 6.7. Facilities (Repealed). Gasoline-Dispensing Section 7. Public Hearings. Section 7.1. Compliance Review. Section 7.2. Compliance Schedules. Permit 7.3. and of Owners Section Operations. Responsibilities 7.4. Interstate Transport Commission. Section Section 7.5. Public Review of State Implementation Plans. Section Advice to Department. 7.6. Section Program. Small Business Compliance Assistance 7.7.
2 Section 7.8. Advisory Committee. Compliance 7.9. Small Ombudsman. Section Business Transportation Section Management 7.10. Associations. of Sanctions. Notice Section 7.11. 7.12. Missed Federal Deadlines. Section Quality Improvement Fund (Repealed). Section 7.13. Air Conduct. Section 8. Unlawful Section Penalties. 9. Section Civil Penalties. 9.1. Disposition of Fees, Fines Section Civil Penalties. 9.2. and 9.3. Violations. Section Continuing Civil (Repealed). 10. Section Remedies Section 10.1. Enforcement Orders. Appealable Actions. Section 10.2. 10.3. Limitation Section on Action. Powers Reserved 11. Department Under Section to the Existing Laws. 12. Powers Reserved to Political Section Subdivisions. Section Construction. 12.1. 13. Public Section Nuisances. Search 13.1. Warrants. Section Section 13.2. Confidential Information. Existing Rules, Regulations, Permits and Section 13.3. Approvals (Repealed). Public Nuisances (Repealed). 13.4. Section Variances (Repealed). 13.5. Section 13.6. Suits to Abate Nuisances and Restrain Violations. Section 14. Section Severability. 15. Effective Section Date. Assembly of the General of Pennsylvania The Commonwealth hereby enacts as follows: 1. Short Title.--This Section shall be known and may act be cited "Air Pollution Control Act." as the 2. Declaration of Policy.--(a) It is hereby Section declared to be the policy of the Commonwealth of Pennsylvania to protect the resources of the Commonwealth to the degree air for the protection of public health, safety and necessary (i) citizens; prevention of injury to plant of its (ii) well-being and to property; (iii) protection and animal life of the comfort convenience of the public and the protection of the and resources of the Commonwealth; (iv) development, recreational and expansion attraction commerce and agriculture; of industry, Air (v) provisions of the Clean of the Act and implementation Commonwealth. in the It is further declared that: (b) (1) Interstate transport commissions established pollution the under Air Act should develop pollution control Clean strategies via a process which involves public review and opportunity for comment. The public be involved in developing and (2) should Commonwealth to the adoption of particular committing the pollution strategies through review of State control implementation plans required to be submitted by the Clean Air Act. (3) The department should have adequate staff and technical resources needed with the Clean Air Act. The to comply shall be required to explore the role private department industry can play in developing and implementing the clean air programs as a mechanism to insure the Commonwealth meets Clean Air Act deadlines.
3 (4) States not be penalized for missing Clean Air should deadlines when delay is the result of the Federal Act the finalizing Government on implementing guidance not to states Commonwealth other states must be given a The and the act. Clean Air Act deadlines. reasonable opportunity to meet P.L.460, (2 amended July 9, 1992, No.95) following Definitions.--The and phrases, 3. Section words in this act, unless when context clearly indicates used the shall the meaning ascribed to them in this otherwise, have section: The of the United States "Administrator." Administrator Agency. Environmental Protection Smoke, fume, contaminant." gas, odor, mist, "Air dust, vapor, pollen or any combination thereof. radioactive substance, contamination." The presence in the "Air atmosphere outdoor of an air which contributes to any condition of air contaminant pollution. "Air Any place, facility or contamination source." or mobile, from or by reason of which stationary at, equipment, into the outdoor atmosphere any there is emitted air contaminant. "Air pollution." The presence in the outdoor atmosphere of form of contaminant, including, but not limited to, the any from discharging chimneys, openings, buildings, stacks, open vehicles, processes or any other source structures, fires, smoke, soot, fly ash, dust, cinders, dirt, noxious of any or obnoxious fumes, oxides, gases, vapors, odors, toxic, acids, or radioactive substances, waste or any other matter hazardous in such place, manner or concentration inimical or which may be inimical to the health, safety or welfare or which public be injurious to human, or animal life or to is or may plant unreasonably with the comfortable or which property interferes enjoyment of life or property. pollution control agency." An air pollution "Approved air of any agency subdivision of the Commonwealth control political been has approval by the Environmental Quality which granted Board. or "EQB." The Environmental Quality "Board" Board. "Clean Act." Public Law 95-95 as amended, 42 U.S.C. § Air et seq. 7401 The Department of Environmental Resources of "Department." the Commonwealth. Protection Agency" or "EPA." The United "Environmental Environmental Protection Agency or the Administrator of States United Environmental the Protection Agency. States facility." A facility from which "Gasoline-dispensing gasoline is transferred to motor vehicle fuel tanks. "Hearing board." Environmental Hearing Board. The Any individual, or private corporation for "Person." public association, partnership, firm, trust, profit or not for profit, department, board, bureau estate, of the Commonwealth or agency or the Federal political subdivision, municipality, Government, authority district, other legal entity whatsoever which or any is recognized by law as the subject of rights and duties. "Plan approval." written approval from the Department The Resources authorizes of Environmental a person to which construct, install or modify any stationary air assemble, contamination source or install thereon any air pollution control or device. equipment "Region." Any geographical subdivision of the Commonwealth whose boundaries shall be determined by the Environmental Quality Board.
4 "Small business source." A stationary source stationary that: (1) by a person that employs one is owned or operated or fewer hundred individuals; (100) as defined business Business is a small in the (2) Small 85-536, § 78a et seq.); Law (Public Act 15 U.S.C. stationary source; (3) is not a major of any emit (50) tons per year fifty regulated does not (4) and pollutant; less than seventy-five (75) tons (5) year of all emits per pollutants. regulated plan." implementation or plan revision that The "State plan and to submit under section 110 is authorized a state required Air of the (Public Law 95-95 as amended, 42 U.S.C. § Clean Act to provide for attainment of the national ambient air 7410) standards. quality air contamination source." Any air contamination "Stationary other than which, when operated, moves in a given source that its power. under own direction (3 amended July 9, 1992, P.L.460, No.95) The Department of Environmental Resources, Compiler's Note: def. referred was abolished to in the of "department," 18 of 1995. functions were transferred to the by Act Its of Conservation and Natural Resources and the Department Department of Environmental Protection. 4. Powers Duties of the Department of Section and department shall have power and Environmental Protection.--The duty shall be to--(Hdg. amended July 5, 2012, its P.L.1109, No.135) Implement provisions of the Clean Air Act in the (1) the Commonwealth. Enter any building, property, premises or place and (2) inspect any air contamination source for the purpose of investigating an actual source of air pollution or a suspected the purpose the compliance or or for of ascertaining this any rule or regulation promulgated with non-compliance act, act or any plan approval, permit or order of the under this with In connection inspection or investigation, department. such air of air, fuel, process material or samples contaminants, matter may be taken for other a duplicate of the analysis, analytical shall be furnished promptly to the person who report of causing air pollution or air contamination. is suspected such Have access to, and require the production of, books, (3) computerized papers including, but not limited to, records, and information in a format as the department may reasonably prescribe pertinent to any matter under investigation. (4) Require owner or operator of any air contamination the to establish maintain such records and make such source and and furnish such information, including computerized reports in a format information department may reasonably as the prescribe. (5) the owner or operator of any air contamination Require source to install, use and maintain such air contaminant monitoring equipment as the department may reasonably or methods prescribe. (6) the owner or operator of any air contamination Require to sample the emissions thereof in accordance with such source methods and procedures and at such locations and intervals of to provide time department may reasonably prescribe and as the the department with the results thereof.
5 (7) Enter any property on which an air contamination upon may be located make such tests upon the source as source and to determine are air contaminants being whether necessary the air source are being emitted such emitted contamination from provided for by this act, any at a rate in excess of a rate under or regulations act or any plan rule promulgated this of the department or otherwise causing permit approval, or order Whenever the department determines air a source pollution. that is necessary, give reasonable written or oral test it shall person operating, or otherwise in control to the notice owning, that the department will conduct a test on such of such source, Thereafter, the to whom such notice is given source. person provide reasonably safe access to the testing area, shall such such sampling ports, facilities, electrical power and water and department shall specify in its notice. as the Receive, initiate investigate complaints, institute (8) and surveys and programs, conduct general and conduct testing make observations of conditions sampling atmospheric programs, or do cause air pollution, make tests or other which may contamination determinations and assess the at air sources, required. of abatement degree Issue orders to any (9) owning or operating an (i) person contamination source, or owning or possessing air on which land such is located, if such source is introducing or is source to introduce air contaminants the outdoor atmosphere likely into rate provided of any by this act, any rule or in excess for promulgated under this act or any regulation approval or plan permit to such source, or at such a level so as to applicable air cause Any such order may require the cessation pollution. of any operation or activity which is introducing air contaminants into outdoor atmosphere so as to cause air the the reduction from such air pollution, of emissions modification contamination source or or repair source, of such control or equipment or certain operating pollution air device procedures with respect to such source or air and maintenance device pollution institution of a control or equipment, change, control of air pollution process reasonable installation or equipment, or all of said requirements as the devices or any deems necessary. Such orders may department a time for specify compliance, submission of a proposed plan for require and require of periodic reports compliance, submission compliance. for compliance is given, the concerning If a time may, in its discretion, require the posting of a department in the amount of twice the money to be expended in reaching bond compliance. (ii) department orders shall be in writing, contain All therein of the reasons for their issuance, and be a statement served either personally or by certified mail. Within thirty (30) days service of any such order the person to whom after order or any other person aggrieved by such order the is issued file with the hearing board an appeal setting forth may with particularity grounds relied upon. An appeal to the hearing the of the department's order shall not act as a supersedeas: board Provided, however, That upon application and for cause shown, the hearing may issue such a supersedeas. board Institute, jurisdiction, of competent (10) in a court to compel compliance proceedings this act, any rule or with regulation promulgated under this act or any plan approval, permit of the department. or order (11) Act as the agent for the board in holding public hearings so directed by the board. when act. Institute prosecutions under this (12)
6 (13) Recommend minimum job qualifications of personnel the by county and air pollution control agencies employed municipal hereafter created. (14) of, and consider for approval, Require submission the of air control equipment, specifications pollution plans and and inspect such installations or devices or process changes, with the plans which have compliance to insure modifications been approved. or cause to be conducted studies and research (15) Conduct respect to air their nature, causes and with contaminants, with effects, control, prevention, abatement respect and to the pollution and air contamination. reduction and of air motor vehicle emission (16) programs, Evaluate control vehicle standards, clean alternative fuels, including emission reformulated fuels, vehicle miles of travel, oxygenated fuels, levels, transportation control measures and congestion other transportation strategies with respect to their effect control air pollution determine the need for modifications of upon and programs. such (17) by means of field studies and sampling the Determine pollution existing in any degree of the of air part Commonwealth. (18) Prepare and develop a general comprehensive plan for control and abatement of existing air pollution and air the and for the abatement, control and prevention of contamination and air contamination, recognizing any new air pollution varying the different for of the Commonwealth, and requirements areas a comprehensive plan to the board for its to submit consideration and approval. Within date (60) days of the effective (18.1) of this sixty initiate a review and reevaluation of the State clause, implementation plan. The review shall include alternative mechanisms to 25 Pa. Code C (relating to gasoline Ch. 126 Subch. requirements) which ensure compliance with this volatility will following act. to the review: shall The apply department conduct meetings to consult with The (i) shall or entities, including gasoline impacted organizations refining companies, retailers, pipeline owners, and distribution gasoline public businesses, local governments and impacted utilities, other interested entities. Within three (3) months (ii) effective date of this of the clause, department shall provide updates to the chair and the chair Environmental Resources and Energy minority of the of the Senate and the chair and minority chair of the Committee Environmental Resources Energy Committee of the House of and The Representatives. shall, on a regular basis, department provide updates to the committees. ((18.1) added July 5, 2012, P.L.1109, No.135) (18.2) If a supply occurs, the Governor shall disruption a request to the Environmental Agency to waive submit Protection requirements. in this clause, a "supply disruption the As used when either of the following subclauses apply: occurs" The department learns of a supply disruption of gasoline (i) C in would with 25 Pa. Code which 126 Subch. comply Ch. Allegheny, Armstrong, Beaver, Butler, Fayette, Washington or Westmoreland County; and the supply disruption under this subclause would qualify for a waiver of the low Reid reasonably Vapor requirements of 25 Pa. Code Ch. 126 Subch. C in Pressure accordance with section 211(c)(4)(C)(ii) and (iii) of the Clean Air (42 U.S.C. § 7545(c)(4)(C)(ii) and (iii)). Act (ii) Five per centum (5%) of all existing gasoline retailers in Allegheny, Armstrong, Beaver, Butler, Fayette, Washington
7 and Westmoreland are unable to obtain an adequate Counties of low Reid Pressure gasoline which complies with supply Vapor Reid the requirements of 25 Pa. Code Ch. 126 Vapor low Pressure Subch. C. added 5, 2012, P.L.1109, No.135) ((18.2) July (60) days of the effective date of this (18.3) Within sixty process initiate the State clause, the of amending approval of a revision which plan. implementation Upon compliance with Federal national ambient demonstrates continued standards air utilization of commensurate quality through by the Environmental emission the Protection reductions Agency, regulations promulgate the provisions of shall board to repeal Ch. 126 Subch. C (relating to gasoline 25 Pa. Code volatility ((18.3) May 14, 2014, P.L.674, No.50) requirements). added the formulation and execution of plans in (19) Encourage with air pollution control agencies or civil conjunction of counties, associations boroughs, towns and townships cities, Commonwealth wherein sources of air pollution or air of the any be located, contamination the cooperation of and may enlist may of such sources for the control, who those be in control abatement of such prevention pollution and air and air contamination. voluntary efforts and cooperation by all Encourage (20) in controlling, preventing, abating and concerned persons air pollution and reducing contamination. air (21) and supervise educational programs with respect Conduct control, prevention, and reduction of air to the abatement and contamination, including the preparation and pollution air of information relating to the means of controlling distribution and preventing air pollution and air contamination. such Develop conduct (22) in cooperation with local and demonstration programs relating to air contaminants, communities air pollution and air contamination and the control, prevention, abatement and of air pollution and air contamination. reduction Provide advisory consultative services to (23) technical for local prevention, abatement and the communities control, and air contamination. of air reduction pollution with the appropriate agencies (24) United Cooperate of the or of other or any interstate agencies with States states to the prevention, abatement and reduction of respect control, pollution, and where appropriate air interstate air formulate pollution compacts or agreements for the submission control to the General thereof Assembly. as the agency Serve Commonwealth for the receipt (25) of the from the Federal government or other public or private of moneys and agencies, such moneys for studies and research with expend to air contaminants, air pollution and the control, respect prevention, abatement and reduction of air pollution. (26) Develop submit to the Environmental Protection and a procedure to implement enforce the regulations Agency and the Protection Agency adopts under section which Environmental of the Clean Air Act to reduce emissions from consumer 183(e) and commercial provided the department will receive products, for to the reductions attributed credits Federal consumer the and products regulations under section 182 of the commercial Clean Air Act regulations, and the department has the resources to implement and the program. enforce Do any and (27) other acts and things not inconsistent all with any provision of this act, which it may deem necessary or proper the effective enforcement of this act and the rules for or regulations promulgated under this act. (4 amended July 9, 1992, P.L.460, No.95)
8 Compiler's Note: Department of Environmental Resources, The to in this section, abolished by Act 18 of referred was functions 1995. to the Department were Its transferred Resources and Department of Conservation and Natural the Protection. of Environmental Agricultural Regulations Section 4.1. be required Prohibited.--(a) Clean Air Except as may by the regulations promulgated under the Clean Air Act, or the Act shall not apply to the production this act of agricultural and Environmental Quality Board shall not have commodities the nor authority to adopt rules and regulations power the the contaminants and air pollution arising relating the to air from of agricultural production commodities. in this section, As used term "production of (b) the commodities" shall include, but agricultural limited to: is not (1) commercial propagation, production, harvesting or The on the premises farm operation or the disposal drying of the resulting from propagation, of residual materials the commercial or drying premises of the farm harvesting production, on the following: operation of the crops, Field corn, wheat, oats, rye, barley, including (i) and dry beans. potatoes hay, Fruits, including apples, (ii) grapes, cherries peaches, and berries. Vegetables, including snap beans, cabbage, (iii) tomatoes, onions, beets, sweet corn and green peas. carrots, mushrooms, Horticultural (iv) including nursery stock, specialties, ornamental ornamental trees and flowers. shrubs, (v) and livestock products, including cattle, Livestock sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs. Timber, wood other wood products derived from (vi) and trees. Aquatic and animals and their by-products. (vii) plants processing of agricultural commodities propagated, (2) The or dried harvested clause (1) or the disposal produced, under resulting from such processing. of residual materials The commercial production, processing or storage of (3) except compost, including, all or in part, biosolids for compost at a municipal sewage facility, to be originating treatment used commercial propagation or production predominantly in the agricultural commodity identified under clause (1), of any of whether regardless compost is being produced, processed the in which on a different or stored the premises premises than the compost is being used. (4) The use of any material whose production, processing or storage is exempt this act under clause (3) in the from propagation or production agricultural commercial of any under identified (1), or any odor or malodor commodity clause air emission resulting or fugitive the production, from processing of any material so exempted. or storage The (c) applied under subsection (b)(2) shall exemptions only apply to agricultural commodities propagated, produced, harvested or dried premises of the farm operation. on the amended 1996, 18, (4.1 P.L.1150, No.174) Dec. Note: Section 2 of Act 174 of 1996, which amended Compiler's section 4.1, provided that Act 174 shall be retroactively applied 1, 1991, in dismissing any pending to January legal or administrative action by the Department of Environmental Protection arising from any activity which,
9 by enactment of Act 174, to the provisions is not subject 787. of Act Permissible Actions.--(a) In implementing the Section 4.2. 109 of the Air Act, the board may requirements of section Clean those measures or other only adopt, by regulation, control reasonably required, in accordance with requirements which are and maintain to achieve the Clean Air Act deadlines, the ambient or to satisfy standards Clean Air Act quality air related otherwise specifically authorized or requirements, unless act by this required by the Clean Air required or specifically Act. Control or other requirements adopted under (b) measures of this section shall be no more stringent than subsection (a) required by the Air Act unless authorized or those Clean act or specifically required by the Clean Air required by this This requirement shall not apply if the board determines Act. it is reasonably that for a control measure or other necessary to exceed minimum Air Act requirements in requirement Clean the order Commonwealth: for ambient (1) quality standards; or maintain To achieve air related Clean Air Act requirements (2) To satisfy as they relate Commonwealth; specifically to the an assessment or imposition To prevent Air Act (3) of Clean sanctions; or To comply with a final decree of a Federal court. (4) The (c) may not by regulation adopt an ambient air board standard a specific pollutant which is more quality for than the air quality standard which the EPA has stringent for the specific pollutant pursuant to section 109 of adopted the Air Act. Clean (d) In any challenge to the enforcement of regulations adopted to achieve and maintain the ambient air quality standards or to satisfy Clean Air Act requirements, the related challenging the shall have the burden to person regulation the measure or other requirement or that demonstrate control of the control measure or requirement is not the stringency to achieve required the standard or to reasonably or maintain Clean Air Act requirements. satisfy related No person may file a preenforcement review challenge (e) this based under in any manner upon the standards set section in subsection (b) section. forth of this section shall This apply to rules and regulations (f) not as a final rulemaking by the board prior approved to the effective of this section or to any ambient air quality date standards by the board where no such standard has been adopted adopted by the EPA. (g) This shall not be construed to weaken or section affect site-specific or other requirements otherwise standards sources in place individual prior to the or facilities for of this section. date effective added July 9, 1992, (4.2 No.95) P.L.460, Section Evaluation.--Beginning five (5) years after 4.3. effective the of this section and every five (5) years date thereafter, the department shall conduct and submit to the General Assembly of the effectiveness of the an evaluation Act. adopted programs Clean Air to implement The evaluation the shall include: (1) A determination of whether the limitation imposed in section has hindered in any way the Commonwealth's efforts 4.2 to comply with the Clean Air Act and a recommendation on whether that provision should be changed.
10 (2) The steps taken to implement the Clean Air Act specific progress made meeting the emission reductions and toward act required on any additional steps and by the recommendations be taken. which must (3) of the funding available to implement the An evaluation programs and whether that funding is sufficient Clean Air Act on where or inadequate should and recommendations adjustments be made. of the An analysis imposed on mobile and (4) costs contamination sources stationary the air to implement of the Air Act, including on individuals and requirements Clean analysis shall also consider the The companies. of costs with the Clean Air Act requirements and benefits of compliance health, public and economic costs to the the environmental failing to meet the requirements, including Commonwealth for impact of sanctions. the An evaluation, with (5) the Department of in consultation and the of Small Business Ombudsman, of the Commerce Office taken adequacy to assist small by the of measures Commonwealth with Clean Air Act. in complying businesses the of the activities (6) by the Citizens A summary undertaken Council the air technical advisory and under Advisory committee 7.6. section An evaluation of the effectiveness of the Northeast (7) Transport Commission in meeting the mandates of the Clean Ozone make Act on any changes that could recommendations the Air and more effective. commission An assessment of the impact of missing Federal deadlines (8) under section 7.12 has had or will have on the State identified of the Clean Air Act programs. implementation (4.3 July 9, 1992, P.L.460, No.95) added Compiler's Note: The Department of Commerce, referred to in clause (5), renamed the Department of Community was Economic Development 58 of 1996. and by Act Environmental Section The board Quality 5. Board.--(a) power the its duty shall be to-- have shall and rules and regulations, (1) the prevention, Adopt for reduction abatement of air pollution, applicable control, and Commonwealth or to such parts or regions or throughout the thereof specifically designated in such subregions regulation which be applicable to all air contamination sources shall of whether such is required to be under permit regardless source Such act. and regulations may establish maximum by this rules emission rates of air allowable from such sources, contaminants prohibit the combustion of certain fuels, prohibit or regulate or regulate burning, prohibit or regulate any process or open source or class of processes or sources, require the installation of specified devices or equipment, or control the control of air pollution control designate efficiency required or sources processes or equipment devices in specific of processes Such rules and regulations or classes or sources. be adopted pursuant to the shall of the act of July provisions 31, (P.L.769), known as the "Commonwealth Documents Law," 1968 upon notice and after such public hearings as the board such deems appropriate. In exercising its authority to adopt rules and regulations, board may, and to the extent deemed the by it shall, consult with a council of technical desirable advisers, qualified by education or experience in air properly pollution matters, appointed by the board and to serve at the pleasure board, to consist of such number of advisers of the as the shall may appoint, but such technical advisers board
11 receive no compensation, than their actual and necessary other for their to the board. expenses, services and (2) quantities of air publish Establish maximum be permitted that conditions at contaminants under may various from air contaminant source in various of use point the any so as to control areas pollution. of the Commonwealth air or regulation, air contaminant sources, (3) By rule classify and of emissions and other to levels according types relate to air characteristics Classifications which pollution. pursuant subsection shall apply to the entire made to this part Any person who owns or or any Commonwealth thereof. contaminant source of any class to which the operates an air regulations and board under this subsection apply, rules of the reports containing information as may be required shall make board concerning location, size and height by the of air contaminant processes employed, fuels used and the outlets, and time periods of emissions, and such other nature or duration to air pollution available or information and as is relevant assembled. of being reasonably capable to the Secretary of Transportation performance (4) Recommend standards, or both, emission control or specification for devices vehicles. and systems on motor Adopt and regulations for the protection of public (5) rules and safety for periods when the health of air accumulation contaminants area is attaining or has attained levels in any if sustained could lead to an acute threat which, or exceeded, health of the public. Such rules and regulations shall to the appropriate to protect contain public health and procedures during periods. safety such Adopt rules and (6) for the approval and the regulations recision and suspension of approval of local air pollution control agencies. Adopt rules designed to reduce emissions (7) and regulations vehicles, including clean-fueled fleets, from motor centrally fuels, fuels, reformulated fuels, alternative clean oxygenated of travel, transportation control measures and vehicle miles control transportation Such rules and other strategies. be developed the with shall regulations in consultation of Transportation. board shall not adopt Department The mandating the regulations or use of any set of sale specifications motor fuel prescribed by the State of for under § 7545(c)(4)(B) unless the set of California 42 U.S.C. is required under the Clean Air Act or the specifications promulgated regulations thereunder. Adopt rules and regulations to implement the provisions (8) Clean Air Act. The rules and regulations adopted to of the implement the provisions of the Clean Air Act shall be consistent with requirements of the Clean Air Act and the the adopted thereunder. regulations rules and (9) to exempt sources or Adopt regulations of sources of minor significance from the provisions categories 6.1. of section Adopt rules and regulations establishing provisions (10) changes facility a permitted to allow or one operating within pursuant (3) of subsection (b) of section 6.1 without to clause requiring a permit revision if the changes are not modifications under any of 42 U.S.C. Ch. 85 Subch. I (relating to provision programs activities) and the changes do not exceed the and emissions allowable under the permit whether expressed therein as a rate or in terms of total emissions, provided of emissions that the facility provides the department and the administrator with written notification in advance of the proposed changes
12 which shall of seven (7) days, unless the board be a minimum in its regulations time frame for provides a different emergencies. In its require revisions to discretion, (11) by regulation sources applicable standards major permits for to incorporate pursuant to the Clean Air Act and and regulations promulgated board after issuance of such permit as adopted by the the of the Clean Air Act. by section required 502(b)(9) by regulation adopt rules containing (12) In its discretion, consistent reasonable the need for expeditious procedures with department approvals and operating permit by the action on plan available to the public any plan approval applications to make application, compliance plan, plan approval, or operating permit and monitoring report permit as required operating or compliance 502(b)(8) Clean Air Act. by section of the Adopt by regulation alternative volatile organic (13) emission aerospace for compound coatings and limitations including extreme coatings, which are solvents, performance by the required Department of Defense, United to be used States States of Transportation and the National United the Department Space Administration or to meet military Aeronautic and and specifications, such alternative limitations aerospace provided by the Air authorized Act. are Clean regulations containing transportation (b) In adopting measures, the board shall control have the authority to not adopt regulation limiting or expanding any municipalities' any under the Planning Code to regulate land authority Municipal approval, zoning revision, building development, subdivision or any other development activity unless permit specifically required Clean Air Act. by the July No.95) P.L.460, (5 amended 9, 1992, 6. Section Hearing Board.--The hearing board Environmental shall have the power and its duty shall be to hear and determine all appeals from actions of the department as defined appealable act of July 1988 (P.L.530, No.94), known as the in the 13, Board in accordance with the Hearing "Environmental Act," act. Any and all action taken by the hearing provisions of this with reference such appeal shall be in the form board to any all such action shall be subject to the of an adjudication, and of 2 Pa.C.S. (relating to administrative law provisions and procedure). July 9, 1992, No.95) (6 amended P.L.460, Plan and Permits.--(a) No person 6.1. Approvals Section shall install or modify any stationary air construct, assemble, source, or install contamination any air pollution thereon control or device unless such person has applied to equipment received written plan approval from the department to do and so: Provided, however, That no such written approval shall be necessary with to normal routine maintenance operations, respect to any such equipment or device used solely for the nor source, or hot water to one structure intended as a supplying of heat or two-family dwelling, nor one-family construction, where assembly, or modification is specifically installation by the department or regulations of the authorized to be rules conducted written approval. All applications for without approval shall be made in writing and shall be on such forms and contain information as the department shall prescribe such and shall and thereto detailed plans have appended specifications related to the proposed installation. (b) (1) No person shall operate any stationary air contamination unless the department shall have issued source the person a permit to operate such source under to such
13 provisions of this in response to a written application section a permit submitted and containing such information for on forms or where as the department construction, may prescribe assembly, authorized modification installation by the is specifically to be conducted rules without department of the or regulations shall written public notice approval. The department provide to comment on all permits prior to issuance or the and right may hold public hearings concerning any permit. and denial may be issued after the effective date of this (2) A permit applicant amendment a stationary air contamination to any for construction, source or assembly, requiring installation the of subsection (a) of this where modification requirements been met and there has been performed section such have upon a test or evaluation which shall satisfy the source operation that air contamination source will not discharge department the the outdoor atmosphere any air into at a rate in contaminants excess permitted by applicable regulation of the board, of that of any performance or emission or other or in violation standard by the requirement Agency Environmental established Protection cause such and for will not source, air or the department which pollution. air contamination source operating (3) A stationary lawfully a permit which fees required by section 6.3 of this without for regulations promulgated under this act have been act or the is authorized to continue to operate without paid until a permit one twenty (120) days after the department provides hundred to the source that is required or until November notice a permit whichever first. If the applicant submits a 1, 1996, occurs permit application within the complete frames in this time subsection the department fails to issue a permit through and of the applicant, the source may continue to operate no fault if the fees required by section 6.3 or the regulations promulgated under act have been paid and the source is this in conformance with act, the Clean Air Act and operated this promulgated both this act and the Clean regulations under the For any performance or emission standard or other Air Act. by the requirement Protection Agency established Environmental for department source subsequent to the effective or the the of this act but prior to the permit issuance date, the date may contain a compliance schedule authorizing the source permit out of compliance and requiring to achieve to operate the source as possible as soon no later than the time compliance but by this act, the Clean Air Act or the regulations required under either this act or the Clean Air Act. For promulgated of this a source purposes is operating lawfully subsection, a permit without it is a source for which no permit was where previously required and the source is operating in compliance with applicable requirements. regulatory For repermitting stationary air contamination (4) of any which under a valid permit on the effective source is operating of this act or which has received a permit under date the provisions (2) and (3) of this subsection and which of clauses to meet performance or emission standards or other is required requirements subsequent to the issuance of the established existing permit, the new permit may contain a compliance schedule authorizing source to operate out of compliance the requiring as soon source to achieve compliance and as the but possible than the time required by this act, the no later Clean Air Act or the regulations promulgated under either this act Clean Air Act. or the (b.1) A permit or plan approval issued hereunder may contain such terms and conditions as the department deems necessary to
14 assure the operation of the source. The board shall by proper establish a permit for permits issued under regulation shield delegated the by the EPA under to the authority Commonwealth Air V of the program shall be consistent Title Act. Clean The of section of the Clean Air Act requirements the with 504(f) promulgated thereunder. and permittee, on the regulations Each by the shall submit reports a schedule established department, such information as the department department to the containing relative to the operation may maintenance of the prescribe and source. issued or reissued under subsection (b) of (b.2) A permit term shall a five (5) year for unless a section be issued this is required to comply with the Clean Air Act shorter term and promulgated or the permittee requests a regulations thereunder term, that a permit for acid deposition control shorter except be issued for a five (5) year shall A permit may be term. terminated, suspended or revoked and reissued for modified, The terms conditions of an expired permit are cause. and pending automatically of a new permit the continued issuance permittee submitted a timely and complete the where has a new permit application paid the fees required by for and 6.3 or the regulations promulgated under this act and section department is unable, through no fault of the permittee, the or deny permit to issue before the expiration date of the a new permit. Failure department to issue or deny a previous of the permit to the expiration date of the previous permit new prior be an appealable action as described in section 10.2. shall The hearing may require that the department take action on board an application without delay. additional The (b.3) shall by regulation establish adequate, board streamlined and reasonable procedures for expeditiously determining when are complete and for expeditious applications of applications. The shall approve or review department application, disapprove the consistent a complete with by the for consideration of such established procedures board eighteen (18) months after the applications, of within date of the application except that the department receipt complete a phased schedule for acting on permit shall establish submitted within the first full year after the applications date Title effective V permit program established to of the the requirements Clean Air Act. The schedule implement of the assure at least one-third of such permits shall be shall that upon by the department annually over a period acted to not exceed (3) years after such effective date. Failure of three the department or deny a permit by a deadline to issue established subsection shall be an appealable action by this as described in section 10.2 of this act. The hearing board may require that department take action on an application the additional delay. without During the (b.4) of a permit, a permittee may (1) term any source under the permit that has been out of reactivate operation or production a period of one year or more, for that submitted permittee has provided a reactivation plan the to and written approval from the department. The received reactivation plan shall describe the measures that will be taken to ensure the will be reactivated in compliance with all source permit plan A reactivation applicable may be requirements. submitted approved by the department at any time during to and the term of a permit. The department shall take action on the reactivation within thirty (30) days unless the department plan determines that additional time is needed based on the size or complexity of the reactivated source.
15 (2) A reactivation may also be submitted to and plan by the department of the plan approval or approved as part process. An owner who has an permit application or operator shall reactivation department prior approved notify the plan source. reactivation to the of the shall adopt the regulations required by (b.5) The board and subsections as part of the regulatory (b.1), (b.3) (i) the permit program required by to implement package operating Clean Air Act. Title V of the approval A plan issued hereunder may be (c) or permit suspended or revoked reissued if the terminated, modified, and or operates source subject to the plan constructs permittee the in such a manner as to be in violation of approval or permit the act, Air Act, the regulations promulgated under this Clean this or the Clean Air Act, a plan approval or permit either act a manner as to cause air or in such if the permittee pollution, fails or adequately maintain or repair any air to properly control device attached to or otherwise pollution or equipment of the source, if the permittee to submit made a part has failed by a plan or operating permit under required a report approval or if the Environmental Protection Agency this section the that is not in compliance with the determines permit of the Clean promulgated requirements Air Act or the regulations under the Clean Air Act. The department may refuse to grant plan approval for (d) stationary any contamination source subject to the air of subsection (a) section or to issue a provisions of this to any that the department determines is likely permit source air pollution or to violate this act, the to cause Air Clean Act regulations promulgated under either this act or the or the Air Act applicable to such source or if, in the design Clean of such source, no provision is made for adequate verification of compliance, including testing or alternative means source compliance. The may also refuse to issue to verify department for a permit or revoke and reissue any cause or may terminate if the Environmental Protection Agency to any permit person the permit determines in compliance with the that is not of the Clean promulgated requirements Air Act or the regulations Clean Air the or if the applicant has constructed, under Act modified or operated any air contamination source installed, or installed any pollution control equipment or device on air source contrary plans and specifications approved such to the department. by the (e) the department shall refuse to grant an Whenever or to issue or reissue a permit hereunder approval or terminate, modify, or revoke a plan approval or permit already suspend such be in the shall issued, form of a written notice action affected thereby informing him of the action taken to the person by the department and setting forth, in such notice, a full and complete statement reasons for such action. Such notice of the be served the person affected, either personally or shall upon mail, and the action set forth in the notice shall by certified and be final subject to review unless, within thirty (30) not days service of such notice, any person affected thereby of the shall appeal to the hearing board, setting forth with particularity the relied upon. The hearing board shall grounds the to the pursuant hear provisions of the rules and appeal relating to practice and procedure before the regulations hearing board, and thereafter, shall issue an adjudication affirming, or overruling the action of the department. modifying (f) The department may by regulation establish a general plan approval and a general permit program. After the program
16 is established, the may grant general plan approval department permit for category of stationary air or a general any if the contamination that the department source determines are in such and can be sources similar in nature category specifications and standardized regulated adequately using proposing to use a general plan conditions. Any applicant shall approval the department and or general permit notify approval to the proposed use. The written receive prior take department on a notification within thirty shall action days. (30) department The establish a plan may (g) by regulation program permit stationary sources operated at and approval for locations. After the program multiple temporary is established, department grant a plan approval or issue a single the may to any air contamination source that may be permit stationary at multiple temporary locations. Such operated or approval permit require the owner or operator to notify the shall and municipality where shall take place department the operation change and may require a separate of each in advance in location permit or approval fee for operations at each application and applicant proposing to use the plan approval or location. Any by this subsection shall notify the department permit authorized receive written approval prior to the proposed use. The and department shall action on a request within thirty (30) take days. (h) shall establish comprehensive plan The department and permit programs which meet the approval operating of this act and requirements Clean Air Act. the (i) board shall by regulation establish provisions to The changes within a permitted facility or one operating allow pursuant to clause (3) of subsection (b) of section 6.1 without requiring a permit if the changes are not revision, under any of 42 U.S.C. Ch. 85 Subch. I modifications provision and (relating the changes do not activities) to programs and emissions under the permit whether the exceed allowable as a rate of emissions expressed of total therein or in terms provided the facility provides the administrator emissions, that department the written notification at least seven (7) and with in advance of the proposed days unless the board changes, provides regulations a different time frame for in its emergencies. (j) department shall make available to the public any The application, compliance plan, permit and monitoring or permit compliance report by this act. required permit The shall require (k) to any department revisions to incorporate applicable standards and regulations promulgated under the Clean Air Act after the issuance of such permit. Such revisions shall as expeditiously as practicable, but not occur than eighteen months after the promulgation of such later (18) regulations. No such revision shall be required standards and effective date of the standards or regulations if the is a date after expiration of the permit term or if less than three the (3) remain on the permit. Such permit revision shall be years treated as a permit renewal if it complies with the requirements of this act renewals. regarding amended 9, 1992, P.L.460, No.95) (6.1 July 6.2. Emergency Section Any other provision Procedure.--(a) of law to the contrary notwithstanding, if the department finds, in accordance with the rules and regulations of the board adopted the provisions of clause (5) of section 5 of this under act, that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to
17 protect human or safety, the department, with the health of the Governor, order or direct persons concurrence shall to the causing to immediately air or contributing pollution emission or discontinue ((a) reduce of air the contaminants. No.95) P.L.460, 9, 1992, July amended (b) of air In the absence of a generalized condition finds that pollution, from the if the department emissions or more contamination sources are creating operation of one air health or safety, the department danger an imminent to human regard to the provisions may, 4 of this act, without of section the responsible for the operation of the air order persons in question to immediately or contamination sources reduce of air contaminants. the discontinue emission issued under subsection (a) or (b) of this (c) An order fix shall and time, not later than twenty-four section a place for a hearing to be held before the hearing hours thereafter, Within twenty-four hours after the board. of such commencement hearing, without adjournment thereof, the hearing board and affirm, modify aside the order of the department. shall or set section not be construed to limit any power This shall (d) Governor or any other officer may have to declare which the an and on the basis of such declaration. emergency act Oct. 26, 1972, P.L.989, No.245) (6.2 added 6.3. Fees.--(a) This section authorizes the Section of fees to cover establishment the indirect and sufficient costs of administering air pollution control plan direct the process, permit program required by Title V approval operating Clean Air Act, other requirements of the Clean of the Act Air and indirect and direct costs of administering the Small the Stationary Source Technical and Environmental Business Compliance Program, Compliance Advisory Committee Assistance and Office of Small Business Ombudsman. This section also authorizes the by regulation to establish fees to support board air pollution program authorized by this act and the control by fees by section 502(b) of the Clean Air covered required not Act. interim air emission fee of fourteen dollars (b) An annual ton ($14.00) of sulfur dioxide, nitrogen per on emissions particulate of ten (10) microns or less and oxides, matter organic compounds is hereby established to cover the volatile direct and indirect costs of developing and reasonable the air pollution control permit program administering operating V of the by Title Air Act, other requirements required Clean Clean Air Act and the reasonable indirect and of the direct costs the Small Business Stationary Source of administering and Assistance Compliance Technical Program, Environmental Advisory Compliance and the Office of Small Business Committee Ombudsman to be collected during fiscal year 1992-1993 covering actual emissions in calendar year 1991, fiscal year occurring covering actual occurring in calendar year 1993-1994 emissions and year 1994-1995 covering actual emissions 1992 fiscal during calendar year 1993. The interim occurring shall not fee apply emissions of less than one hundred (100) tons to air for any of the listed pollutants, provided that when emissions exceed one hundred (100) tons the entire amount of all air emissions for of the listed pollutants up to five thousand any emissions hundred tons shall be chargeable five for (5,500) interim fee purposes. (c) The board shall establish by regulation a permanent annual emission fee as required for regulated pollutants air by section 502(b) of the Clean Air Act to cover the reasonable direct and indirect costs of administering the operating permit
18 program required V of the Clean Air Act, other related by Title of the Clean Act and the reasonable indirect requirements Air costs of administering Small Business Stationary and direct the Environmental Assistance and Source Technical Compliance Committee and the Office of Small Program, Compliance Advisory starting to be collected year Business Ombudsman in fiscal air emissions during calendar year covering 1995-1996 occurring shall the amount of the permanent fee be more 1994. In no case that which to comply with section 502(b) of than is necessary not Air permanent fee shall The apply to Clean Act. the than four thousand (4,000) tons for any emissions of more In the regulated a final regulation containing pollutant. event annual permanent emission fee is not effective by July the air the permanent annual air emission fee for sources 1, 1995, to the V operating subject permit program shall be the Title minimum dollar set under section 502(b) of the adjusted amount regulation Act time as the final such is until Air Clean effective. precluded by the Clean Air Act, the board shall (d) Unless air establish fee which considers the size a permanent emission contamination source, the resources necessary to of the air the application for plan approval process or an operating permit, of the plan approval or operating permit, the complexity quantity and of emissions from the sources, the amount type the in neighboring states, the importance of not charged of fees existing or prospective sources in this Commonwealth placing disadvantage at a competitive other relevant factors. and Until established fees are (e) by the board alternative subsection (c) of this section, stationary air under contamination sources shall pay the following interim fees: (1) Two dollars ($200.00) for the processing of an hundred for an operating application permit. hundred dollars for annual operating ($200.00) (2) Two fee. administration permit fee established under subsection (b), (c) (f) No emissions section of this be payable by any State entity, or (j) shall or political in relation to any instrumentality subdivision publicly owned or operated facility. Any fees imposed under this section in areas with (g) approved local control programs shall be deposited air pollution account established governing body in a restricted by the local the for use by that program to authorizing program the provisions of this act for which implement are they responsible. governing body shall annually submit to the The the an audit account in order to insure department funds of the were properly spent. (h) (1) Unless the board establishes a different payment schedule by regulation, facility subject to the emission each established (b) and (c) of this section fees in subsections report its emissions and pay the fee within one hundred shall (120) after twenty receipt of a reporting form from the days or by September year department for the emission from 1 of each preceding year, whichever occurs first. the (2) An air contamination source that fails to pay the fees within the frame established by this act or by regulation time pay a penalty (50%) per centum shall of the fee amount, of fifty interest plus fee amount computed in accordance with on the section 6621(a)(2) of the Internal Revenue Code of 1986 (Public Law 26 U.S.C. § 1 et seq.) from the date the fee was 99-514, required to be paid. In addition, such source may have its permit terminated or suspended. The fee, penalty and interest
19 may be collected the process for assessment and following of a civil penalty in section 9.1. collection contained permanent air fee imposed under subsection (i) The emission in each shall implementation of the (c) year be increased after if any, by which the by the by regulation fee percentage, for the Consumer recent calendar year exceeds Price Index most Price for the calendar Index 1989. For Consumer the year subsection: purposes of this Consumer The Index for any calendar year is the (1) Price Consumer average for All-Urban Consumers, Price of the Index States Department of Labor, as of the by the published United twelve (12) month close ending on August 31 of of the period calendar each year. revision of the The Price Index which is most (2) Consumer with the Consumer Price Index for calendar year 1989 consistent shall be used. The board by regulation establish the following (j) may not related V of the Clean Air Act. categories to Title of fees are adopted, stationary air contamination regulations Until such pay the following fees: sources shall Two hundred ($200.00) for the processing of any (1) dollars plan for approval. application hundred dollars (2) for the processing of any Two ($200.00) for an operating permit. application Two (3) dollars ($200.00) for annual operating hundred administration fee. permit established this subsection, individual In regard under to fees sources by Title V of the Clean Air required to be regulated shall only be subject to plan approval Act authorized in fees this subsection. No administrative shall prevent the deposit of (k) action the established pursuant to this section in the Clean Air fees Fund established in section 9.2 during the fiscal year in which they are collected. shall only be used for the purposes The fees in this section section 9.2 and shall not be authorized and to any transferred by administrative other or diverted purpose action. fees, penalties Any interest owed the Commonwealth (l) and payment collected under for section shall be delinquent this in the Air Fund. deposited Clean in this As used the term "regulated pollutant" (m) section, mean a volatile shall compound, each pollutant regulated organic under 111 and 112 of the Clean Air Act and each sections for a national primary ambient air quality pollutant which has been promulgated, except that carbon monoxide shall standard from this reference. be excluded added 9, 1992, P.L.460, No.95) (6.3 July 6.4. Section for Certain Ozone Areas.--(a) If an area Fee identified in a State implementation plan or any revision as a severe or extreme nonattainment area has failed to meet ozone national primary air quality standard for ozone by the ambient attainment date, each major source of volatile the applicable compounds (VOC's), as defined in the organic Air Act and Clean the promulgated under the Clean Air Act, located regulations area shall, except with respect to emissions during any in the year treated as an extension year under section 181(a)(5) of the Clean Act, pay a fee to the department as a penalty for Air failure for each calendar year beginning after the such attainment date until the area is redesignated as an attainment area ozone. This fee shall be assessed and collected for following the process for collection and assessment of a civil penalty contained in section 9.1.
20 (b) (1) fee shall equal five thousand dollars The adjusted in accordance clause (3) of this ($5,000.00), with ton subsection, by the source during the of VOC per emitted of eighty year (80%) of the calendar per in excess centum under (2) of this subsection. computed amount, baseline clause be in addition to all The fees required to be fee shall other source. paid by the purposes of this (2) the baseline amount For (i) section, in accordance with such guidance shall be computed, as the may as the lower of the amount of actual administrator provide, (referred VOC emissions allowed to as actuals) emissions or VOC applicable permit source or, if no such permit the under to the issued for the has year, the amount of VOC been attainment allowed the applicable implementation plan emissions under during the attainment year. (referred to as allowables) Notwithstanding subclause (i) of this (ii) the clause, administrator guidance authorizing the baseline amount may issue in accordance with of average actuals to be determined the lower determined or average of more than one over allowables a period This year. may provide that the average calendar (1) guidance a specific source may calculation if that source's for be used are cyclical or otherwise vary emissions irregular, year from to year. significantly under (3) (1) of this subsection shall The fee amount clause annually, beginning be adjusted in accordance with 1991 subsections and (i) of section 6.3. (h) For areas a total population under two hundred (c) with which fail to attain the standard by the thousand (200,000) attainment date, no sanction under applicable section or this under other provisions of this act shall apply if the any area can demonstrate, consistent with guidance issued by the Environmental Protection Agency, that attainment in the area is prevented because or ozone precursors transported of ozone other areas. applies only in cases in which from The prohibition has all requirements and implemented all measures area the met area under the Clean Air Act. applicable to the July 9, 1992, P.L.460, No.95) (6.4 added Acid department Control.--(a) The 6.5. Section Deposition to develop program for acid deposition is authorized a permit in accordance with Titles IV and V of the Clean control Act Air and it to the administrator for approval. to submit For purposes permit program authorized under (b) of the (a) section, the definitions in sections 402 subsection of this 501 of the Clean Air Act are and herein by incorporated reference. The or operator or the designated representative (c) owner source of each under section 405 of the Clean Air Act affected shall submit a permit application and compliance plan for the affected source no later than January 1, 1996. to the department case of affected for which application and plans In the sources timely the permit application and the compliance are received, including amendments thereto, shall plan, on the be binding owner or the designated representative of the owners or operator and for be enforceable as a permit or operators purposes shall of this until a permit is issued by the department. Any section permit issued by the department shall require the source to achieve compliance as possible but no later than the as soon required date act, the Clean Air Act or the regulations by this promulgated under either this act or the Clean Air Act for the source. At any time after the submission of a permit application (d) a revised compliance plan, the applicant may submit and
21 application and plan. In considering any permit compliance and compliance under this section, the application plan coordinate with Public Utility department shall the Pennsylvania requirements may be established with Commission consistent that by the administrator. provisions, permits issued by the (e) In addition to other all prohibit following: department shall of the emissions dioxide in excess of the Annual (1) of sulfur to emit sulfur dioxide that the owner or number of allowances representative hold for the unit. operator or designated of applicable emissions or standards, (2) Exceedances rates quality standards. ambient including air use of any allowance prior to the year for which (3) The it is allocated. Contravention other provision of the permit. (4) of any July 9, 1992, P.L.460, No.95) (6.5 added Hazardous Air Pollutants.--(a) The regulations Section 6.6. performance or emission standards promulgated under establishing 112 section Clean Air Act are incorporated by reference of the the department's program. After the effective into permitting performance standard, new, of the date or emission and existing sources shall comply with reconstructed, modified or emission standards to the compliance the performance pursuant under section established of the Clean Air Act and schedule 112 regulations promulgated under the Clean Air Act. The the Quality Board may not establish a more stringent Environmental or emission standard hazardous air pollutant performance for from sources, except as provided in emissions existing (d). This section shall not apply subsection and to rules regulations as final prior to the effective date of adopted this and shall not be construed to weaken standards for act individual sources or facilities in effect prior to the effective date act. The board may establish performance of this standards for sources of sources which or emission or categories included list of source categories established not on the are 112(c) of the Clean Air Act. For purposes of this under section term section, standard" includes design, the "performance work or operational standards or any equipment, practice combination thereof. In the event the administrator has not promulgated (b) a standard the emissions of hazardous air pollutants to control a category or subcategory sources under section for of major of the Air Act, pursuant to a schedule established 112 Clean to section 112(c) of the Clean pursuant Act, the department Air shall the authority to establish a performance or emission have on a case-by-case basis for individual sources or a standard category of sources. The department shall have the authority to make the required by section 112(g)(2) of the determinations Air Act the construction, reconstruction and Clean regarding Any person the performance of sources. modification challenging established standards department shall have or emission by the burden to demonstrate the the performance or emission that standard not meet the requirements of section 112 of the does Air Act. The department shall incorporate the standard Clean to control the emissions of hazardous air pollutants into the plan approval permit of any source within the or operating or subcategory. performance category or emission standard The established basis by the department shall be on a case-by-case equivalent to the limitation that would apply to the source if a performance standard had been promulgated by the or emission Act. under section 112 of the Clean Air administrator
22 (c) The department to require that new sources is authorized in the plan application that the source demonstrate approval or control emissions pollutants, including will reduce of air by using best available pollutants, hazardous air the technology. needed to protect public health, welfare and (d) (1) When from emissions air pollutants from the environment of hazardous existing the department may impose health and new sources, standards or operating practice risk-based emission such health risk-based emission requirements. In developing practice standards department requirements, or operating the and an explanation for such standards provide shall rationale provide for public review and comments on or requirements and operating plan guidelines and regulations approvals, permits, health emission contain standards or operating which risk-based Standards or requirements adopted practice requirements. to this subsection shall be developed pursuant an analysis using which, other factors, considers, where appropriate for a among or source category, criteria set forth in section source the Clean Act in assessing the proposed risk of the Air 112(f)(1) health, welfare and the environment to the the public from source. case of coke oven In the the department may (2) batteries, impose health risk-based emission standards more stringent not Federal eight until than (8) years after requirements of maximum achievable technology (MACT) promulgation control for not and year 2020 until coke oven batteries standards the satisfy the requirements of section which of the 112(i)(8)(A) Clean Act. Air Notwithstanding where limitation in clause (2), (3) the the of a coke oven battery would result in serious, operation substantial and demonstrable harm to public health, welfare and the environment, department may impose health risk-based the standards by regulation utilize proven, emission which and commercially methods of economically available available technology. department The not impose health risk-based (i) shall until after January emission for those coke standards 1, 1998, batteries satisfy the applicable MACT or lowest which oven rate (LAER) standards. emission achievable After January 1, 1998, the department (ii) only impose shall health emission standards adopted pursuant to section risk-based of the Air Act, and, if no such emission standards 112(f) Clean adopted pursuant to section 112(f) of the Clean Air Act, are the department adopt such emission standards, provided that may such are consistent with the criteria and the factors standards set forth in clause (1) and section 112(f) of the Clean Air Act and until time as health risk-based standards are enacted such Federal pursuant to section 112(f) of the by the Government Clean Air Act. The department shall have the authority to require, in (e) plan the and operating permit, reasonable monitoring, approval recordkeeping requirements for sources which emit and reporting hazardous air pollutants. (f) Nothing in this section shall preclude the department from taking action where there is an immediate or an emergency threat welfare health, potential and the environment to public an air pollutant, including a hazardous air pollutant. from (g) The early emissions reduction program authorized under section of the Clean Air Act is incorporated by 112(i)(5) reference in the department's permitting program. (6.6 added July 9, 1992, P.L.460, No.95)
23 Section 6.7. of Volatile Organic Compounds from Control Facilities.--(6.7 repealed 5, 2012, Gasoline-Dispensing July P.L.1109, No.135) Hearings.--(a) Public hearings shall be 7. Section Public or by the acting on behalf and board held by the department, of the board, in any region of the at the direction or request any before or regulations with Commonwealth affected rules control, prevention or reduction of to the regard abatement, are adopted for that region air When pollution or subregion. necessary rules and regulations for the it becomes to adopt prevention of air pollution abatement, control, or reduction than one region of the Commonwealth, the board may for more hearing for any two contiguous regions to be affected hold one rules regulations. Such hearing may be held in by such and of the two contiguous regions. In the case where it either necessary becomes rules and regulations for the to adopt abatement, prevention of air pollution control, or reduction area Commonwealth which encompasses more than any for of the or parts of more than one region, public hearings one region in the be held concerned. Full stenographic shall area be taken shall public hearings and shall be transcripts of all available by the department to any party concerned with made the subject matter upon the payment of prevailing of the hearing for such rates transcripts. to the In addition discussed at the public (b) matters the board may, in its discretion, solicit the views, hearings, of persons who may be affected by, or interested in writing, proposed and regulations. in, rules Notice to the (c) of the time and place of any public public hearing shall be given at least thirty (30) days prior to the scheduled date hearing by public advertisement in a of the or newspapers of general in the region newspaper circulation affected. of the Commonwealth designated to conduct The hearing shall persons (d) the power to issue notices of hearings in the name of the have the board. Full to be heard with respect to the subject (e) opportunity hearing be given to all persons in attendance, in of the shall to which persons, whether or not in attendance, may, addition thirty within days, submit their views to the department, (30) the shall transmit to the board with its which department report. Oct. 26, 1972, P.L.989, No.245) (7 amended 7.1. The Review.--(a) Section department shall Compliance issue, plan or modify any not approval or permit reissue to this act or amend any plan approval or permit issued pursuant under this act and may suspend, terminate or revoke any permit or plan approval issued under this act if it finds previously the applicant or a general partner, parent that or permittee of the applicant or permittee is in or subsidiary corporation of this act, or the rules violation regulations promulgated and under act, any plan approval, permit this of the or order department, as indicated by the department's compliance docket, unless the violation is being corrected to the satisfaction of the department. The may refuse to issue any plan approval (b) department pursuant to this or permit if it finds that the applicant act or permittee or a partner, parent or subsidiary corporation of the applicant or permittee has shown a lack of intention or ability with this act or the regulations promulgated to comply of the this act or any plan approval, permit or order under
24 department, as indicated or present violations, unless by past lack of intention to comply is being or has been the or ability satisfaction of the corrected to the department. compliance In performing under this (c) review the required shall consider violations arising department the section, only that occurred or are occurring under this act in Pennsylvania. or applicant appeal any violation (d) A permittee may this which the department places on the under arising act compliance docket. added July P.L.460, No.95) (7.1 9, 1992, Permit Section addition to Compliance 7.2. Schedules.--In enforcement of this act, the department other the provisions a permit under clauses (3) and (4) may (b) issue of subsection 6.1 that is out of compliance with this of section to a source the Air Act or the regulations promulgated under act, Clean this act or the Clean either Act. Any such permit must Air contain schedule requiring the source to attain an enforceable The compliance may contain interim compliance. schedule for any phase of the required work, dates milestone completing compliance date, and may contain stipulated as well as a final failure for the compliance schedule. If the penalties to meet to achieve compliance by the final compliance permittee fails the permit shall terminate. The permit shall be part date, of an overall of the outstanding noncompliance and may resolution the of an appropriate civil penalty for past include payment and shall contain such other terms and conditions violations department appropriate. as the A permit may incorporate deems a compliance within contained by reference a consent schedule and order including all provisions related to agreement, implementation or enforcement of the compliance schedule or consent order agreement. and added July P.L.460, No.95) (7.2 9, 1992, Responsibilities Section of Owners 7.3. and department that air the finds Whenever Operators.--(a) pollution is or may be resulting or danger pollution of air contamination from in the Commonwealth, the an air source may the owner or operator to take corrective order department satisfactory to the department, or it may in a manner action the owner or operator to allow access to the order by the land department party to take such action. or a third For purposes or recovering the costs (b) of collecting in taking action or pursuing a cost recovery involved corrective pursuant to an order or recovering the cost of action litigation, oversight, sampling, testing and monitoring, related department action, the investigation to a corrective collect may amount in the same manner as civil penalties the are assessed and collected following the process for assessment and collection penalty contained in section 9.1. of a civil added July P.L.460, No.95) (7.3 9, 1992, Interstate Commission.--(a) 7.4. The Section Transport its representatives on an interstate Commonwealth, through commission formed under transport Clean Air Act, shall the provide review of recommendations for additional control public measures to final commission action consistent with the prior commission's public review requirements under section 184(c)(1) of the Clean Act. The opportunity for public review Air established this section shall run concurrently with the under commission's public comment period established under section 184(c)(1) of the Air Act. Clean (b) strategies approved by an interstate transport Control commission and by the Commonwealth's representatives and set forth in resolutions or memoranda of understanding shall be
25 considered commitments executive to pursue subsequent by the regulatory or other actions to legislative, administrative control implement strategies. the strongly Commonwealth an interstate The recommends (c) that formal which allow for adopt commission transport procedures and comment period an open to the adoption public review prior of memoranda of resolutions or consideration of understanding recommend which states adopt control actions or other that Commonwealth's representatives shall take strategies. The with actions recommendation. consistent this General (d) finds that the Assembly The of Pennsylvania from the State of Ohio transport interstate of pollutants to the violation of national ambient contributes significantly standards air Commonwealth. Therefore, as set quality by the 176A in section Clean Air Act, the Governor, on forth of the of the Commonwealth, may petition the behalf EPA Federal Administrator the State of Ohio in any interstate to include commission to which is a member state. transport Pennsylvania July (7.4 No.95) 9, 1992, added P.L.460, Public of State Implementation 7.5. Section Review implementation plan required by the Clean Plans.--(a) A State which Air the Commonwealth to adopt air pollution Act commits or procedures shall be the subject of a public control measures period. The public comment comment shall be no less than period sixty days, and the department may, at its discretion, (60) public meetings or public hearings as part hold informational of the comment period. Notice of a proposed State implementation plan (b) shall be published Pennsylvania Bulletin and in sufficient in the newspapers general circulation in the area covered by having the State implementation plan. If the State implementation plan covers the State, notice shall be published in at least entire (6) newspapers circulation throughout the six of general Commonwealth. A State subject to this section implementation plan (c) following provisions: the shall include clearly indicating the (1) provisions Statements specific Clean Act with which the Air implementation plan of the State to comply. is intended An analysis of the alternative control strategies (2) considered if applicable at the recommended control in arriving and the the department or other agency reasons strategies final strategy. the selected An analysis of the economic impact of the alternative (3) control strategies the selected strategies on the regulated and and governments. community local An analysis of the (4) and technical resources needed staff by the department or other agency to implement the control strategy. (d) the public comment period and prior to the After to EPA State implementation plan required by submission of any Clean Air Act which commits the Commonwealth to adopt air the control pollution or procedures, the department shall measures a final submit implementation plan to the board for its State review together with a document which responds to all comments made during public comment period. the The implementation shall apply to a State (d.1) following and plan revision to such plan proposed or finalized after any the effective date of this subsection: (1) plan or revision developed by the department, other The State agency or local air pollution control agency shall be published and maintained on the publicly accessible Internet
26 website of the other State agency or local air department, control agency developed the plan or revision. pollution that plan (2) by the department or or revision The developed shall to the chairman and agency other State be submitted Environmental Resources and Energy minority chairman of the and Senate chairman and minority chairman Committee the of the Committee of the House and Energy of the Environmental Resources same time as the plan or revision is of Representatives at the public published or submitted to the board, for comment is applicable. whichever ((d.1) Apr. 12, 2012, P.L.230, No.27) added provisions shall also apply in the case of State (e) These required plans Clean Air Act which are implementation by the agencies other than the department which developed by State the Commonwealth to the adoption of air pollution control commit or procedures. measures Subsections (c) (d) of this section shall not apply (f) and plans to State comprised of or portions implementation thereof or reasonably available control emission permit, offset for individual sources; technology orders requirements consent agreements; and or regulations. requirements of this The shall not apply to (g) section implementation plans submitted by a local air pollution state agency. control added July P.L.460, No.95) (7.5 9, 1992, Advice The department 7.6. to Department.--(a) Section with shall Citizens Advisory Council established consult the section 448 of the act of April 9, 1929 under No.175), (P.L.177, known Administrative Code of 1929," as appropriate, in as "The of State plans the consideration and regulations implementation by the developed and needed for the implementation department of the Clean Air Act. Nothing in this section shall limit the council's ability study and review department to consider, and other related to the Clean Air Act policies activities under 1922-A of "The as provided implementation section of 1929." This section shall not apply to Administrative Code plans implementation thereof comprised of State or portions offset or reasonably available control permit, emission requirements for individual sources; consent orders technology or regulations. and agreements; of this section The requirements not apply implementation plans submitted by a to State shall pollution control agency. air local (1) The Secretary of Environmental Resources, (b) within thirty days after the effective date of this act, (30) shall designate an air technical advisory committee. The committee shall include at least eleven (11) members with technical backgrounds in the of air pollution from stationary or control sources. mobile committee, at the request of the department, may The (2) technical advice on department policies, to provide be utilized and regulations needed to implement guidance Clean Air Act. the The may also request to review a department policy, committee or regulation needed to implement the Clean Air Act. guidance (7.6 added July 9, 1992, P.L.460, No.95) Compiler's Note: Secretary of Environmental Resources, The to in subsec. by Act was abolished referred 18 of (b), 1995. functions of the secretary were transferred The to the Secretary of Conservation and Natural Resources and Secretary of Environmental Protection. the Section 7.7. Small Business Compliance Assistance Program.--(a) The department shall develop and implement a
27 Small Business Source Technical and Environmental Stationary Assistance Program shall include the following: Compliance which mechanisms (1) collecting and for Adequate developing, compliance information coordinating methods concerning and stationary and programs business for small technologies sources among such sources to encourage other lawful cooperation and comply this act and the with Air Act. to further persons Clean mechanisms for (2) small business Adequate assisting sources pollution prevention and accidental stationary with and release providing prevention, detection including alternative process changes concerning information technologies, and methods and that help reduce air products of operation pollution. (3) A compliance assistance program for small business sources which assists small business stationary stationary in determining sources requirements and in receiving applicable under this in a timely and efficient manner. permits act mechanisms that small business Adequate (4) to assure receive notice of their rights under this stationary sources the Clean Air Act in such manner and form as to assure and act time for such sources to evaluate compliance adequate reasonably and any relevant methods proposed or final or applicable rulemaking State implementation plan revision or program plan, under act and the Clean Air Act. issued this Adequate mechanisms for informing small business (5) sources of their obligations under this act and the stationary Clean Act, including mechanisms for referring these sources Air to qualified auditors or, at the department's option, for providing audits operations of such sources to determine of the with this compliance act. for (6) from a small consideration Procedures of requests for modification of: stationary business source practice or technological method of compliance; (i) any work or the of milestones for implementing such work schedule (ii) of compliance preceding any applicable or method practice date based on the technological and financial compliance capability of any business stationary sources. No small may be granted it is in compliance with the modification unless of this requirements and the Clean Air Act, applicable act the requirements of the including implementation applicable plan. applicable requirements are set forth in Federal Where only modifications authorized in such regulations regulations, may be allowed. (7) Procedures for soliciting input from and exchanging information with Office of Small Business Ombudsman the compliance requirements business stationary regarding for small sources. (8) mechanisms for the collection and dissemination Adequate to small business stationary sources, including, of information but not to: limited Developing guidance business stationary sources (i) of small manuals the categories of small businesses subject indicating to the requirements of this act and the Clean Air Act, specific compliance requirements options, a schedule of compliance and and pertinent deadlines information. other (ii) of a toll-free telephone number dedicated Establishment to questions involving small business stationary source compliance. of Procedures for assuring the confidentiality (9) information received from small business stationary sources.
28 (10) Procedures conducting confidential, on-site for with small stationary sources regarding consultations business requirements. applicability of compliance shall department feasibility of (b) evaluate The the all or part of the consultants with contracting to administer Source Technical and Small Business Stationary Environmental Program. consultant will Compliance Assistance A third-party of confidential for small business if as a source act support by the department. ((b) one Dec. 18, 1996, is selected amended No.174) P.L.1150, department The with the Compliance shall (c) consult established 7.8 and the Office Committee Advisory in section Ombudsman of Small in section 7.9 in Business established the Business Stationary Source Technical Small developing and Compliance Assistance Program. Environmental The department shall provide a reasonable opportunity (d) for public on the proposed Small Business Stationary comment Technical and Compliance Assistance Source Environmental Program. The is authorized to expend funds from the (e) department Fund collected pursuant to subsection (a), (b) or (c) Clean Air to support of section development and implementation 6.3 the Small Stationary Source Technical and of the Business Compliance Assistance Program, the Office of Small Environmental Ombudsman the Business Compliance Advisory Committee. and Upon petition the department may, after (f) by a source, and for public comment, include as a small notice opportunity stationary source for purposes business act any of this stationary which does not meet the definition of "small source stationary source" in section 3 but which does not business emit more than one hundred (100) tons per year of all regulated pollutants. (g) department, in consultation with the administrator The the Administrator Small Business Administration and and of the notice opportunity for public hearing, may providing after and the definition of "small business stationary exclude from 3 any in section or subcategory of sources source" category department the to have sufficient technical and that determines capabilities to meet the requirements of this financial and act the Air Act without the application of this section. Clean The may reduce any fee required under this (h) department and the Clean Air Act act into account the financial to take resources business stationary sources of small as authorized by the Clean Air Act. (7.7 added July 9, 1992, P.L.460, No.95) Compiler's Note: 2 of Act 174 of 1996, which amended Section (b), provided Act 174 shall be retroactively subsec. that to January in dismissing any pending applied 1, 1991, or administrative action by the Department of legal Environmental Protection from any activity which, arising of Act 174, to the provisions by enactment is not subject 787. of Act Section Compliance Advisory Committee.--(a) There is 7.8. hereby established a Compliance Advisory Committee which shall perform all following: of the Provide and recommendations to the department (1) guidance development of the Small on the Stationary Source Business Technical and Environmental Compliance Assistance Program. (2) Render advisory opinions concerning the effectiveness of the Business Stationary Source Technical and Small Environmental Compliance Assistance Program, difficulties encountered and degree and severity of enforcement.
29 (3) Make reports to the administrator concerning periodic Business Stationary Technical and Environmental the Small Source Program. Compliance Assistance for small business stationary sources (4) information Review is understandable layperson. information to assure such by the Small Business Stationary Source Technical and (5) Have the Program Assistance as the Environmental Compliance serve the and dissemination of such for secretariat development advisory opinions. reports and and Review the department on rulemakings, State (6) advise and under this act and the Clean plans programs implementation which affect small business stationary sources. Air Act recommendations (7) the development of programs Make for compliance small business stationary sources, to assist for technical and financial assistance programs. including (b) The shall consist of eleven members as committee follows: (1) appointed by the Governor, three of whom Four members be owners of owners of small not or representatives shall business stationary sources. members, each of whom shall be an owner or the (2) Four of a small representative stationary of an owner business four Of these one shall be appointed by each source. members, following: of the The leader (i) of the Senate. majority The minority of the Senate. (ii) leader The leader of the House of Representatives. (iii) majority The minority leader of the House of Representatives. (iv) (3) The of Commerce or his designee. Secretary The or his of Environmental Resources (4) Secretary designee. (5) Small Business Ombudsman or his designee. The (c) The terms of appointed members shall be for four (4) years. Vacancies be filled by the original appointing shall for the of the unexpired term. Initial terms member remainder shall members of appointed be as follows: members appointed by the Governor under clause (1) Of the (b) of this section: (1) of subsection members shall Two for two (2) years. (i) be appointed Two members shall be appointed for four (ii) years. (4) (2) members appointed under clause (2) of subsection Of the of this section: (b) majority leader of the (i) shall appoint one The Senate for four (4) member years. (ii) minority leader of the Senate shall The one appoint member for two (2) years. (iii) The majority leader of the House of Representatives shall appoint member for three (3) years. one The minority of the House of Representatives (iv) leader appoint member for one (1) year. shall one added July 9, 1992, (7.8 No.95) P.L.460, Compiler's The Secretary of Commerce, referred to in Note: subsec. was renamed the Secretary of Community and (b), Economic Development by Act 58 of 1996. Compiler's Note: Secretary of Environmental Resources, The to in subsec. by Act was abolished referred 18 of (b), 1995. functions of the secretary were transferred The to the Secretary of Conservation and Natural Resources and Secretary of Environmental Protection. the Section 7.9. Small Business Ombudsman.--(a) There is hereby established an Office of Small Business Ombudsman within the
30 Department of Environmental for the purpose of Protection as the confidential point of contact for small serving primary relating to compliance this act and the business on issues with Air Act. Clean Business Ombudsman Office perform (b) The of Small shall the requirements all functions necessary to implement of section Clean Air Act. The Office of Small Business of the 507(a)(3) perform all of the following functions to the Ombudsman shall they are with the guidelines developed by the extent consistent Agency: Environmental Protection from small Solicit regarding compliance input (1) businesses act and the Clean Air Act with interact with this and representing businesses, including Small organizations small Centers, the Small Business Administration, Business Development and trade associations and other entities. industry Provide (2) and recommendations to the department guidance development of the Business Stationary Source on the Small Environmental Technical Program. Compliance and Assistance recommendations department regarding the Make (3) to the operation of the Small Business content Source and Stationary and Compliance Assistance Program. Technical Environmental Collect distribute information and materials on the (4) and of this act and the requirements Air Act. Clean (5) to the Small Business Stationary Source Technical Report Compliance Assistance on problems and and Environmental Program experienced businesses in complying with difficulties by small act and the Clean Air this Act. (6) on the Compliance Advisory Committee established Serve by section 7.8. (7) Conduct independent evaluations of all aspects of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program. Review and comments and recommendations to the (8) provide Agency Environmental regarding the and Protection department of regulations impact small and implementation development that businesses. for and assist in the (9) of guidance Arrange preparation by the Business Stationary Source Technical and documents Small Assistance Program to ensure that the Environmental Compliance is readily understandable by the language layperson. (10) small businesses in locating sources of funding Assist the compliance requirements of this act and the Clean for with Act. Air The Office of Small Business Ombudsman shall report (c) to the annually and General Assembly on the Governor of the Small Stationary effectiveness Source Technical Business and Environmental Assistance Program and other issues Compliance relating to the impact of the Clean Air Act implementation on small businesses Commonwealth. in the For each rulemaking significantly affecting (d) proposed businesses, Office of Small Business Ombudsman shall small the a report which contains prepare analysis of the a detailed economic of such proposed rulemaking on small businesses. impact The impact report shall be completed no later than economic ninety (90) days from the date that the board approves the proposed rulemaking shall be submitted to the board for and prior rulemaking of the final consideration package, to approval the provided is available within the time period report prescribed by this section. The department shall provide the ombudsman a reasonable opportunity to revise the report with to reflect any proposed substantial change in the rulemaking which affects the initial report.
31 (e) The shall include, but not be limited to: report An analysis of the impact of the selected (1) economic on small control business. strategies regulatory on comparable Data programs (2) or plans administered states. by other An assessment of alternative of the economic (3) impact strategies. control information that the Office of Small Business All (4) other necessary for the board's review. considers Ombudsman equipment, files, records, (f) agreements All contracts, all materials and supplies which are used, employed and other Office Business Ombudsman shall be by the or expended of Small Department of Environmental Protection. transferred to the amended Dec. 1996, P.L.1150, No.174) (7.9 18, Section 2 of Act 174 of 1996, which amended Compiler's Note: 7.9, provided that Act 174 shall be retroactively section applied to January in dismissing any pending 1, 1991, or administrative action Department of legal by the arising Environmental which, from Protection any activity to the provisions is not subject of Act 174, by enactment of Act 787. Section 7.10. Transportation Management department, Associations.--(a) with the The in consultation of Transportation, after public notice and Department may, one or more transportation management comment, designate to serve specific associations of this Commonwealth to regions provide to employers required by the Clean Air Act to services employe trips and encourage the use of reduce vehicle vanpooling and public transportation to reduce air carpooling, pollution. (b) purposes of this section, transportation management For shall consist of nonprofit corporations designated associations by the department to broker transportation services, including, but not to, public transportation, vanpools, carpools, limited and pedestrian as well as strategies such as bicycling modes, work hours compressed work weeks for flextime, and staggered individuals and other developers, corporations, employes, groups. July 9, 1992, P.L.460, No.95) (7.10 added Notice the Whenever 7.11. Section of Sanctions.--(a) is notified the Environmental Protection Commonwealth that has made a final Agency finding on a State or proposed implementation submitted by the Commonwealth or a local plan pollution agency, the department shall notify, air control ten (10) working days of receipt of the notice, the within Environmental Resources Energy Committee of the Senate and and Conservation the of the House of Representatives of Committee the agency's findings. (b) Whenever the Commonwealth is formally notified that it is subject to discretionary sanctions under section or mandatory shall, of the Act, the department Air within ten (10) 179 Clean days of the receipt of this notice, notify the working Environmental Resources Energy Committee of the Senate and and Conservation of the the House of Representatives. Committee (7.11 July 9, 1992, P.L.460, No.95) added Section 7.12. Missed Federal Deadlines.--Whenever the Environmental Protection has missed a deadline for Agency developing or guidance on which states must rely regulations to comply with deadlines in the Clean Air Act by more than the ninety days and, in the opinion of the department, (90) Environmental Protection Agency has failed to provide it with
32 timely guidance to comply with the act in a timely needed the department bring a legal action against the manner, may Agency in a court Environmental Protection of competent to restrain seeking jurisdiction the Environmental an injunction the applicable Protection Air Act enforcing from Agency Clean until and unless deadline Environmental on the Commonwealth the develops appropriate regulation or Protection Agency the the Commonwealth a reasonable opportunity which guidance allows the Clean Air Act. to comply with July 9, 1992, P.L.460, No.95) (7.12 added Air Section Fund.--(7.13 repealed Quality 7.13. Improvement P.L.788, 1998, No.100) 17, Nov. Conduct.--It Section be unlawful to fail 8. Unlawful shall or to cause or assist to comply violation of any with in the provisions act or the rules and regulations of the of this under act or to fail to comply with any order, adopted this approval, permit or other plan of the department; requirement or to cause nuisance; or to cause air pollution, soil a public pollution resulting an air pollution incident; or water from prevent or to hinder, the department or interfere obstruct, with in their of any duty hereunder, personnel or its performance the department access including source or denying to the or to violate provisions of 18 Pa.C.S. § 4903 facility; the swearing) or 4904 (relating to unsworn (relating to false to authorities) in regard to papers required to falsification under act. be submitted The owner or operator of an air this source shall pollution of the air, water contamination not allow natural of the Commonwealth resulting from or other resources source. For any air pollutant for which the board has set the an emissions or for any source for which a permit has standard issued by the department, a release of such pollutant in been accordance with that standard or permit shall not constitute a violation of this act. July 9, 1992, No.95) (8 amended P.L.460, Penalties.--(a) Section who violates any Any 9. person act, rule or regulation adopted under of this provision any any order of the department this condition or term act, or any plan or permit issued pursuant to this act of any approval offense and shall, upon conviction, be commits a summary to pay a fine of not less than one hundred dollars sentenced nor ($100.00) than two thousand five hundred dollars more for each offense and, in default of the ($2,500.00) separate fine, may be sentenced to imprisonment for payment of such (90) days for each separate offense. Employes ninety of the department to conduct inspections or investigations authorized hereby officers to be law enforcement are authorized declared to issue citations for summary violations under this or file act, and the General Counsel is hereby authorized to prosecute these offenses. purposes of this subsection, a summary For may be prosecuted any district justice in the offense before the occurred. where There is no Accelerated county offense authorized for a summary offense. Rehabilitative Disposition (1) Any (b) who wilfully or negligently violates person any of this act, any rule or regulation adopted under provision act or any order of the department or any condition or this term of any plan approval or permit issued pursuant to this act commits a misdemeanor second degree and shall, upon of the conviction, to pay a fine of not less than one be sentenced thousand dollars ($1,000.00) nor more than fifty thousand dollars for each separate offense or to ($50,000.00) imprisonment for a period of not more than two (2) years for each separate offense, or both.
33 (2) Any who knowingly makes any false statement or person in any application, record, certification representation report, required or other or maintained by to be either document filed regulations act this act commits this promulgated or the under and shall, upon conviction, second of the a misdemeanor degree of not less than be sentenced thousand five to pay a fine two ($2,500.00) than fifty thousand dollars hundred dollars nor more separate offense or to imprisonment for for ($50,000.00) each more than two a period years for each separate of not (2) or both. offense, person Any releases into the ambient who (3) negligently hazardous pollutant listed under section 112 of the any air air Act or any Clean hazardous substance listed under Air extremely 302(a)(2) Superfund Amendments and section of the of 1986 Act Law 99-499, 100 Stat. 1613) Reauthorization (Public is not listed in section 112 of the Clean that Act and who Air at the time places another person in imminent danger negligently or serious bodily commits a misdemeanor of the of death injury and upon conviction, be sentenced to pay a degree third shall, less than five thousand dollars ($5,000.00) nor fine of not fifty than dollars ($50,000.00) for each separate more thousand for a period of not more than one offense or to imprisonment year for each separate offense, or both. (1) (1) person (c) who knowingly releases into the ambient Any any air pollutant listed under section 112 of the air hazardous Air Act or any extremely hazardous substance listed under Clean 302(a)(2) Amendments Superfund section and of the Act 112 that is not listed in section Reauthorization of 1986 knows Clean Act and who of the at the time that he thereby Air places another person in imminent danger of death or serious bodily injury a felony of the first degree and shall, commits conviction, be sentenced a fine of not less than upon to pay dollars nor more than one thousand twenty-five ($25,000.00) dollars ($100,000.00) per day for each hundred thousand for a period of not less than two violation or to imprisonment years, nor than twenty (20) years or both. Any person (2) more is an organization committing such violation shall, upon which conviction under clause, be subject to a fine of not more this one million ($1,000,000.00) per day for each than dollars of any person under this clause is violation. If a conviction a violation committed after a first for of such conviction person this clause, the maximum punishment shall be under doubled respect to both the fine and imprisonment. For any with air pollutant for which the board has set an emissions standard or for any for which a permit has been issued by the source a release of such in accordance with that department, pollutant or permit not constitute a violation of this standard shall section. In determining whether a defendant who is an individual (2) that the violation placed another person in imminent danger knew or serious injury: of death bodily the defendant is responsible only (i) actual awareness for or actual belief possessed; and (ii) knowledge possessed by a person other than the defendant, but by the defendant, may not be attributed to not defendant, that, the in proving a defendant's possession except knowledge, circumstantial evidence may be used, of actual including evidence that the defendant took affirmative steps to be shielded relevant information. from (3) It is an affirmative defense to a prosecution under this subsection that the conduct charged was freely consented to by the person endangered and that the danger and conduct
34 charged were foreseeable hazards of either of the reasonably following: (i) or a profession and the person An occupation, a business made had risks involved prior to giving aware been of the consent. treatment (ii) or medical Medical or scientific methods by professionally conducted experimentation approved person had been made and of the risks involved such other aware consent. The defendant may establish an to giving prior under this subclause by a preponderance of affirmative defense the evidence. general defenses, affirmative defenses and bars to (4) All may with respect to other State criminal that apply prosecution apply under this clause and shall be determined offenses may according by the principles of common law. courts to the of justification excuse applicable under this Concepts and may be developed according to those principles. section For purposes of this subsection, the term "organization" (5) a legal entity, than a government, established or means other any and the term includes a corporation, for organized purpose, a firm, a partnership, a joint stock a company, an association, a foundation, an institution, a society, a company, a trust, other association or any union of persons. (d) For purposes of subsections (b) and (c) of this section, term "serious bodily injury" means bodily injury which the involves a substantial of death, unconsciousness, extreme risk pain, protracted obvious disfigurement or physical and or impairment loss function of a bodily protracted of the member, organ or mental faculty. For purposes of this section, (e) term "person" the includes, to the entities referred to in section in addition responsible officer. 3, any corporate For purposes (f) provisions of subsections (b) and of the (c) of this section and section 9.1, the term "operator," as used in such shall include any person who is senior provisions, personnel or a corporate Except in the case management officer. wilful such term shall not include and of knowing violations, who is a stationary engineer or technician any person maintenance, for the operation, or monitoring responsible repair facilities and and often has supervisory and of equipment who duties, but who is not senior management personnel or training officer. in the a corporate case of knowing and wilful Except for purposes (3) of subsection (b) of violations, of clause section, term "a person" shall not include an employe this the is carrying out his normal who and who is not a part activities of senior personnel or a corporate officer. Except management case in the and wilful violations, for the purposes of knowing of clauses (1) and (2) of subsection (b) and subsection (c) of this section, term "a person" shall not include an employe the is carrying out normal activities and who is acting his who from the employer. orders under For purposes of this section, (g) acts negligently a person with to a material element of an offense when he should respect of a substantial and unjustifiable risk that the be aware material element exists or will result from his conduct. The risk must a nature and degree that the actor's be of such failure it, considering the nature and intent of to perceive his conduct and the circumstances known to him, involves a gross deviation the standard of care that a reasonable person from would observe in the actor's situation. (9 amended July 9, 1992, P.L.460, No.95)
35 Compiler's Note: 28 of Act 207 of 2004 provided Section any and references in any other law to a that all or "justice of the shall be "district justice" peace" district to be references judge. deemed to a magisterial Section to Penalties.--(a) Civil 9.1. In addition other remedy available at law or in equity proceeding under any of this a violation or any rule or for of a provision act under act or any order, plan promulgated regulation this issued pursuant to this act, the department approval or permit assess a civil for the violation. The penalty may may penalty or not be assessed was wilful. The civil the whether violation not exceed ten thousand dollars so assessed penalty shall day for each ($10,000.00) which occurs in the per violation three years following enactment of this section, (3) first dollars ($15,000.00) per day for each violation thousand fifteen occurs in the fourth year following enactment of this which section and thousand dollars ($25,000.00) per day twenty-five each violation occurs in the fifth year and all for which following subsequent section. In enactment years of this amount penalty, the department shall the determining of the wilfulness of the violation; consider to air, soil, the damage or other resources of the Commonwealth or their water natural benefit to the person in consequence of the uses; financial deterrence of future violations; cost to the violation; the size of the source or facility; the compliance department; of the source; severity and duration of the history the of cooperation in resolving the violation; violation; degree speed with which compliance is ultimately achieved; whether the violation voluntarily the reported; other factors unique was owners and of the source or facility; to the other or operator factors. relevant When the department proposes to assess a civil penalty, (b) it shall inform the person of the proposed amount of the penalty. The charged with the penalty shall then have person (30) days the proposed penalty in full, or, if thirty to pay wishes the amount of the penalty or the person the to contest violation to the extent not already established, fact of the shall forward the proposed amount of the penalty to the person hearing within the thirty (30) day period for the board in an escrow account with the State Treasurer placement or any Commonwealth or post an appeal bond to the hearing board bank thirty (30) in the amount of the proposed penalty, within days such bond is executed by a surety licensed to do provided that in the Commonwealth and is satisfactory business to the department. administrative or final judicial review If, through proposed that it is determined of the no violation penalty, or that occurred amount of the penalty shall be reduced, the the hearing board shall, within thirty (30) days, remit the appropriate amount person with any interest accumulated to the escrow deposit. to forward the money or the by the Failure bond time of the appeal shall result in a waiver appeal at the legal rights to contest the violation or the amount of of all civil the unless the appellant alleges financial penalty to prepay the penalty or to post inability appeal bond. The the board shall conduct a hearing to consider the hearing appellant's alleged inability to pay within thirty (30) days the of the appeal. The hearing board may waive of the date requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the hearing board finds that appellant is financially unable to pay. The hearing the board shall issue an order within thirty (30) days of the date of the hearing to consider the appellant's alleged inability
36 to pay. The assessed after administrative hearing or amount waiver of administrative shall be payable to the after hearing shall Commonwealth manner provided be collectible and in any collection for the collection by law of debts, including the (c) of section in subsection at the rate of interest established run from the date of assessment 6.3, which shall of the penalty. to pay any such neglects or refuses If any person liable penalty demand, together with interest after to pay the same the amount, costs that may accrue, shall constitute a debt and any of such as may to the Clean Air Fund. The debt person, be appropriate, a lien shall owned by said person on all constitute property incorporating a description of the a notice when of lien person subject to the action property filed with of the is duly of the court pleas where the property the prothonotary of common The prothonotary promptly enter upon the civil is located. shall or order docket, at no cost to the department, the judgment and address of the person, as may be appropriate, and the name of the lien forth in the notice of lien. Upon amount as set the lien attach to the revenues by the prothonotary, entry shall real and personal property of the person, whether or and all the person The notice of lien, filed pursuant not is solvent. which affects the property of the person to this subsection, create a lien with priority over all subsequent claims shall or liens which filed against the person, but it shall not are any valid right or interest in the property filed affect lien, established procedure prior to the filing in accordance with of lien under this subsection. of a notice amended (9.1 9, 1992, P.L.460, No.95) July 9.2. and of Fees, Fines Section Civil Disposition Penalties.--(a) as provided under subsection (a.1), all Except fines, civil penalties and fees collected under this act shall be paid into Treasury of the Commonwealth in a special fund the as the Clean Fund, hereby established, which, along known Air earned, be administered by the department interest with shall in the elimination of air pollution. The department may for use separate such as may be necessary or establish accounts to implement requirements of this act and the appropriate the Air Act. The board shall adopt rules and regulations Clean for the and use of the money in the fund. management The following apply: (a.1) shall results If an incident imposition of a fine or (1) in the penalty of at least fifty thousand dollars ($50,000), civil per centum (25%) of the fine or civil penalty twenty-five shall by the collected department to the be returned municipality the violation occurred to be used for in which projects that eliminate or reduce air pollution or for parks, recreation projects, or open spaces. trails The department notify the municipality in which (2) shall violation of the imposition of the fine or civil the occurred under subsection (a) within five (5) business days penalty after the of the right to file an appeal of the fine or expiration or civil penalty all appeals of the fine civil penalty or after have been exhausted. (3) Within one hundred and eighty (180) days of the department's notification under clause (2), of the municipality municipality a project submit the proposal to the shall for review and approval. department (4) Upon approval of the project, the department shall release per centum (25%) of the fine or civil twenty-five penalty collected to the municipality. If the cost of the project exceeds twenty-five per centum (25%) of the fine or
37 civil penalty, department may award additional money from the fine or civil to the municipality. the penalty fines (5) penalties deposited into the and If all civil hundred are one million eight than fifty Fund Clean Air less for the previous fiscal year, thousand dollars ($1,850,000) not shall for the current fiscal year. clause apply (1) States Environmental Protection Agency United (6) If the department and prosecute a violation of the Clean the jointly Act, act or a regulation adopted under this act, the Air this penalties shall not be subject to this and fines collected subsection (a.2). subsection and may its A municipality claim to funding under (7) assign (1) county in which the violation occurred within clause to the one hundred eighty (180) day period specified in clause the (3). The shall submit a project proposal in compliance county clause (1) to the department and approval within with for review days forty-five eighty of the expiration (45) of the one hundred period. day (180) (8) If a municipality not submit a project proposal does one within eighty (180) day period specified in the hundred (3) or provides notification of its intent not to file clause proposal during the one hundred eighty (180) day a project the county in which the violation occurred may submit period, proposal in compliance clause (1) to the a project with review for approval within forty-five (45) days department and expiration of the one hundred eighty of the day period. (180) (a.2) five (5) business days of imposition of a fine Within or civil under this act, the department shall notify penalty the municipality in which the violation occurred of the violation. (b) Air Fund may be supplemented by appropriations The Clean the General the Federal, State or local from Assembly, private government source. or any Air Fund (c) not be subject to 42 Pa.C.S. Clean The shall C (relating to judicial Ch. system). 37 Subch. computer amended 7, 2011, P.L.271, No.57) (9.2 July Continuing Violations.--Each day of continued Section 9.3. and each violation of any provision of this act, any violation or regulation adopted under this act or any order of the rule or any condition of any plan approval or department or term issued to this act shall constitute a separate permit pursuant and violation. offense added July 9, 1992, P.L.460, No.95) (9.3 10. 9, 1992, Remedies.--(10 repealed July Section Civil No.95) P.L.460, 10.1. Enforcement Orders.--(a) The department may Section issue such orders as are necessary to aid in the enforcement of the provisions act. These orders shall include, but of this not be limited orders modifying, suspending, shall to, or revoking plan approvals or permits, orders terminating any persons to cease unlawful activities or cease requiring of a facility or air contamination source which, in operation course of any operation, is in violation the provision of its act, of this rule or regulation promulgated under this act any or plan approval or permit, order to take corrective action or to abate a public or an order requiring the testing, nuisance or monitoring source sampling or orders of any air contamination requiring of information. Such an order may be issued production if the department finds that any condition existing in or on the or source involved is causing or contributing to facility or is creating a danger of air pollution or if it finds that the permittee or any person is in violation of any provision
38 of this act rule, regulation or order of the or of any department. (b) may, in its order, require compliance The department conditions as are to prevent or abate air with such necessary purposes or effect pollution of this the act. this under shall take effect issued An order (c) section the upon specifies otherwise. An appeal notice, unless order board of the department's order shall not act hearing to the however, that, upon application and as a supersedeas, provided, cause shown, hearing board may issue such a supersedeas for the established under board. by the rules hearing of the authority to issue an order under The (d) department is in addition to any remedy or penalty this may section which pursuant act. The failure to comply with any to this be imposed is hereby declared to be a public nuisance. order such added July 9, 1992, P.L.460, No.95) (10.1 10.2. Appealable Actions.--Any person aggrieved by Section or other administrative of the department issued an order action act person who participated in the to this pursuant or any process for a plan approval or permit shall have public comment right, within (30) days from actual or constructive the thirty of the to appeal the action to the hearing board notice action, with the act of July 13, 1988 (P.L.530, No.94), in accordance as the Hearing known Board Act, and 2 Pa.C.S. Ch. Environmental A (relating to practice procedure of Commonwealth 5 Subch. and agencies). added 9, 1992, (10.2 No.95) P.L.460, July Limitation on Action.--The provisions of any Section 10.3. statute to the contrary notwithstanding, other for civil actions or criminal under this act may be commenced at any penalties the within of seven (7) years from time date the a period offense is discovered. (10.3 added July 9, 1992, P.L.460, No.95) Section 11. Reserved to the Department Under Existing Powers in this act limit in any way whatever the Laws.--Nothing shall upon department under laws other than this conferred the powers expressly provided that all such powers are act, it being department preserved may be freely exercised by it. to the and general equitable jurisdiction shall be No court exercising of such jurisdiction even though a nuisance deprived or condition to health is subject to regulation or detrimental action by the under this act. other board July P.L.460, amended No.95) (11 9, 1992, Powers Reserved to Political Section 12. Nothing in this Subdivisions.--(a) shall prevent counties, act cities, townships or boroughs from enacting ordinances towns, with to air pollution which will not be less stringent respect than the provisions of this act, the Clean Air Act or the rules and regulations under either this act or the Clean promulgated Act. This shall not be construed to repeal existing act Air or regulations of the aforementioned resolutions ordinances, subdivisions existing at the time of the effective political of this date except as they may be less stringent than the act, provisions act, the Clean Air Act or the rules or of this regulations adopted under either this act or the Clean Air Act. (b) The procedures for the abatement, administrative prevention set control of air pollution reduction, forth and act in this not apply to any county of the first or second shall class of the Commonwealth which has and implements an air pollution program that, at a minimum, meets the control requirements of this and the Clean Air Act and the rules act,
39 regulations promulgated both this act and the Clean Air under and has approved by the department. Act been of this act to dust control (b.1) Provisions pertaining apply shall in townships measures to portions not of highways where or residences are class second of the no businesses Nov. located. 1995, P.L.645, No.68) ((b.1) added 28, Whenever, either upon complaint made to or (1) (c) department, the department finds that any initiated by the of air is in violation control standards, or person pollution regulations rules to the grant of promulgated and pursuant in subsection the department shall give made authority (b), fact to that notification and to the air of that person control of the county involved. pollution agency If such continues to exist after said (2) violation has been given, the department may take any notification action under for abatement the terms of this act. provided Whenever the finds that violations of this (d) department rules act promulgated under this act are and or the regulations violations appear to result from a that so widespread such local county failure agency involved to enforce of the control requirements, department may assume the authority the those to this act in that county. enforce The department shall (e) the power to refuse approval, have or to suspend approval, once given, to any county or rescind pollution control if the department finds that such agency air is unable or unwilling to conduct an air pollution agency county program to abate or reduce air pollution control within problems its in accordance with the requirements of this jurisdiction the act, Air Act or the rules and regulations promulgated Clean under both this act and the Clean Air Act. (f) Whenever department takes action under the the of subsections (d) of this section, it shall provisions or (e) notification to the pollution control agency give written air involved such notification shall be an county of the and appealable action. Irrespective of subsection above, and in order that (g) (b) and civil penalties and equitable remedies for air the criminal violations shall be uniform throughout the pollution the and Commonwealth, remedies set forth in this act penalties be the penalties remedies available for enforcement shall and air pollution ordinances or regulations, and of any municipal be available to any municipality, public official, or shall other person standing to initiate proceedings for the having of such or regulations, ordinances enforcement and municipal amounts the fines or civil penalties set forth herein of the shall be the amounts of the fines or civil penalties assessable and to be levied violations of any municipal ordinances or for It is hereby declared purpose of this regulations. to be the further to enunciate the purpose of this act is section that additional and cumulative remedies to abate the to provide pollution of the of this Commonwealth. Any action for the air of civil brought assessment for the enforcement of a penalties air pollution ordinance or regulation shall be brought municipal in accordance with the procedures set forth in such ordinance. Where any ordinance or regulation does not provide a municipal for of civil assessment procedure penalties, the provisions the to assessment and collection of civil penalties of related section 9.1 shall apply. (h) in this act shall affect the Municipal Planning Nothing Code unless required by the Clean Air Act. (12 amended July 9, 1992, P.L.460, No.95)
40 Section 12.1. in this act shall be Construction.--Nothing as estopping the or any district construed Commonwealth, of a municipality, attorney in from or solicitor proceeding to abate of law under pollutions courts or equity forbidden nuisances existing law. It is hereby or abate act, this under of this act to provide additional declared to be the purpose to abate cumulative pollution of the air of and remedies the and contained in this act shall in Commonwealth, this nothing abridge or alter any of action or remedies now or way rights existing or under the common law or hereafter in equity, criminal nor shall any provision of law, or civil, statutory or the granting of any plan approval or permit under this act, or any this done by virtue of this act, be construed act act, Commonwealth, persons or municipalities, in the as estopping exercise of their rights under the common the or decisional law law from proceeding in courts of law or equity or in equity, nuisances, or to abate pollution now or to suppress any or enforce common or statutory rights. hereafter existing, law having jurisdiction to abate of this No courts Commonwealth nuisance shall be deprived of such public or private any to abate or public nuisance instituted jurisdiction private nuisance for person that such the constitutes air by any reason pollution. amended July 9, 1992, P.L.460, No.95) (12.1 13. Section Nuisances.--A violation of this act or Public rule or regulation under this act or any of any promulgated plan or permit issued by the department under order, approval act shall constitute a public this The department nuisance. shall the authority to order any person causing have a public nuisance to abate the public nuisance. In addition, the department or any Commonwealth agency which undertakes to abate a public nuisance recover the expenses of abatement may the process assessment and collection of a civil following for in section penalty the nuisance is 9.1. contained Whenever contrary act or any rule or or continued maintained to this under this act or any order, regulation promulgated plan or permit, nuisance may be abatable in the manner approval the by this Any person who causes the public nuisance provided act. be liable for the shall of abatement. cost (13 July 9, 1992, P.L.460, No.95) amended 13.1. Search an agent or employe Section Warrants.--Whenever department, with the enforcement of the of the charged of this act, has been refused access to property, provisions been refused the right to examine any air contamination or has or air control source, equipment or device, or is pollution refused to or examination of books, papers and records access pertinent to any matter under investigation, such agent or employe may for a search warrant to any Commonwealth apply authorized by the of the Commonwealth to issue official laws to enable same to have access, examine and seize such the him air contamination source, property, pollution control air equipment or books, papers and records, as the case or device, be. It shall be sufficient probable cause to issue a search may warrant that the inspection is necessary to properly enforce the provisions act. of this amended 9, 1992, P.L.460, No.95) (13.1 July 13.2. Confidential Section records, Information.--All reports or information obtained by the department or referred to at public hearings under the provisions of this act shall be available public, except that upon cause shown by any to the person that the records, reports or information, or a particular portion thereof, but not emission data, to which the department
41 has access the provisions of this act, if made public, under divulge production figures or methods, processes would or sales to such or production otherwise tend to person unique or would competitive adversely person by affect position the of such intellectual property rights, secrets, trade revealing including consider such record, the or department shall report portion confidential in the information, or particular thereof act. department shall implement this of this administration The with sections section and 114(c) of the Clean consistent 112(d) Nothing shall be construed to prevent disclosure Air Act. herein record of such State or local or information report, to Federal, purposes of administration of as necessary representatives for State or local air pollution any laws, or when Federal, control in any under this act. relevant proceeding July 9, 1992, P.L.460, No.95) (13.2 amended 13.3. Existing Rules, Regulations, Permits and Section Approvals.-- (13.3 July 9, 1992, P.L.460, No.95) repealed 13.4. Public repealed July 9, Section Nuisances.--(13.4 No.95) 1992, P.L.460, repealed July 13.5. Section Variances.--(13.5 9, 1992, No.95) P.L.460, Suits to Abate Nuisances and Restrain Section 13.6. activity or condition declared by this Violations.--(a) Any or which in violation of this to be a nuisance is otherwise act be abatable act manner provided by law or equity shall in the the abatement of public nuisance. In addition, in order for to restrain any violation of this act or the rules and or prevent promulgated under act or any plan approval or regulations this issued by the department or to restrain the permit or orders and threat of public nuisance, maintenance may be suits instituted or at law in the name of the Commonwealth in equity upon of the Attorney General, the General Counsel, the relation district attorney of any county or the solicitor of any municipality affected notice has first been served upon after Attorney General intention of the General Counsel, the of the or solicitor district proceedings to so proceed. attorney Such Commonwealth in the or in the court of be prosecuted may Court of the county common the activity has taken place, pleas where condition exists or the public is affected, and, to that the jurisdiction is hereby conferred in law and equity upon end, courts. Except in cases of emergency where, in the opinion such court, the of the case require immediate of the exigencies nuisance, of the court may, in its decree, fix a abatement the time during which reasonable person responsible for the the nuisance make provision for the abatement of the may same. (b) In cases where the circumstances require it or the public health is endangered, a mandatory preliminary injunction, special injunction restraining order may be issued or temporary the terms by the court, notice of the upon prescribed therefor been given to the defendant in application having with the rules of equity practice, accordance in any such and, case, Attorney General, the General Counsel, the district the or the solicitor of any municipality shall not be attorney required to give bond. In any such proceeding the court shall, upon motion Commonwealth, issue a prohibitory or of the preliminary that if it finds mandatory the defendant injunction is engaging conduct as defined by this act or is in unlawful engaged in conduct which is causing immediate and irreparable harm public. In addition to an injunction, the court in to the such equity proceedings may levy civil penalties in the same manner as the department in accordance with section 9.1.
42 (c) Except in subsection (d) of this section, as provided person may a civil action to compel compliance any commence act or any regulation, order or plan approval with this rule, to this issued owner or operator or permit act by any pursuant of any to a violation to be causing alleged or contributing or any rule provision promulgated of this act or regulation act plan approval, permit or any issued by this under or order In addition to seeking to compel compliance, the department. person may the court to award civil penalties. The any request use factors and amounts contained in section shall court the civil penalties under this subsection. Such 9.1 in awarding shall be paid the Clean Air Fund established by penalties into or be used to prevent air pollution in the county section 9.2 the violation occurred. Except where 42 Pa.C.S. (relating where to judiciary and procedure) requires otherwise, the judicial of common pleas have jurisdiction of such actions. courts shall may be commenced if the department has an action Such not is diligently prosecuting a civil action in a commenced and or State court before the hearing Federal or is in litigation the to require violator to comply with this act, board alleged rule or regulation promulgated under this act or any order, any approval or permit issued pursuant to this act, but, in plan such action or State court or before the any in a Federal any person having or representing an interest hearing board, is or may be adversely affected may intervene as a matter which without of right bond. posting An action to subsection (c) of this section (d) pursuant not may prior to sixty (60) days after the be commenced plaintiff has given notice in writing of the violation to the department and alleged violator. to any The sixty day notice provisions of subsection (d) (e) (60) to the of this any action contrary section notwithstanding, (c) section may be initiated to subsection pursuant of this written notification to the department immediately upon in the where violation or condition complained of constitutes case the threat health or safety of the plaintiff or an imminent to the immediately affect a legal interest would plaintiff. of the (f) court, in issuing any final order in any action The pursuant to subsection of this section, may award brought (c) including attorney and expert witness fees, costs of litigation, party whenever the court to any such an award is determines appropriate. as provided in subsection (b) of this Except section, court may, if a temporary restraining order or the preliminary injunction is sought, require the filing of a bond or equivalent security with the Pennsylvania Rules in accordance Procedure. of Civil July 9, 1992, P.L.460, No.95) (13.6 added Severability.--The provisions of this act are Section 14. and if any provision, sentence, clause, section or severable part thereof be held illegal, invalid, unconstitutional shall to any person such illegality, or inapplicable or circumstances, unconstitutionality or inapplicability shall invalidity, not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of the ordinance or their application to him or to other and circumstances. It is hereby persons have to be the intent that declared act would legislative this been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included and if the person or circumstances to which therein, the ordinance or any part thereof is inapplicable had not specifically been exempted therefrom.
43 Section 15. Date.--This act shall take effect Effective immediately: however, That the rules and regulations Provided, promulgated pursuant to the provisions of this act shall be of no effect until one (1) year after the passage of this act.
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