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    NOTE:
    The following is an unofficial version of the Pennsylvania Air Pollution Control Act (APCA)
    and has been reproduced for informational purposes only. It is not intended to be relied upon
    as an official legal document and may contain typographical errors. The official version of
    the APCA may be found at Purdon’s Pennsylvania Statutes and Consolidated Statutes
    Annotated - Title 35 - Health and Safety, Chapter 23 - Air Pollution.
    “AIR POLLUTION CONTROL ACT"
    Act of 1959, P.L. 2119, No.787
    AN ACT
    To provide for the better protection of the health, general welfare
    and property of the people of the Commonwealth by the control,
    abatement, reduction and prevention of the pollution of the air by
    smokes, dusts, fumes, gases, odors, mists, vapors, pollens and
    similar matter, or any combination thereof; imposing certain
    powers and duties on the Department of Environmental Resources,
    the Environmental Quality Board and the Environmental Hearing
    Board; establishing procedures for the protection of health and
    public safety during emergency conditions; creating a stationary
    air contamination source permit system; providing additional
    remedies for abating air pollution; reserving powers to local
    political subdivisions, and defining the relationship between this
    act and the ordinances, resolutions and regulations of counties,
    cities, boroughs, towns and townships; imposing penalties for
    violation of this act; and providing for the power to enjoin
    violations of this act; and conferring upon persons aggrieved
    certain rights and remedies. (Title amended Oct. 26, 1972,
    P.L.989, No.245)
    Compiler's Note:
    Section 502(c) of Act 18 of 1995, which created
    the Department of Conservation and Natural Resources and
    renamed the Department of Environmental Resources as the
    Department of Environmental Protection, provided that the
    Environmental Quality Board shall have the powers and duties
    currently vested in it, except as vested in the Department of
    Conservation and Natural Resources by Act 18 of 1995, which
    powers and duties include those set forth in Act 787 of 1959.
    The General Assembly of the Commonwealth of Pennsylvania hereby
    enacts as follows:
    Section 1. Short Title.--This act shall be known and may be cited
    as the "Air Pollution Control Act."
    Section 2. Declaration of Policy.--(a) It is hereby declared to be
    the policy of the Commonwealth of Pennsylvania to protect the air
    resources of the Commonwealth to the degree necessary for the (i)
    protection of public health, safety and well-being of its citizens;
    (ii) prevention of injury to plant and animal life and to property;
    (iii) protection of the comfort and convenience of the public and the
    protection of the recreational resources of the Commonwealth; (iv)
    development, attraction and expansion of industry, commerce and
    agriculture; and (v) implementation of the provisions of the Clean
    Air Act in the Commonwealth.
    (b) It is further declared that:

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    (1) Interstate pollution transport commissions established under
    the Clean Air Act should develop pollution control strategies via a
    process which involves public review and opportunity for comment.
    (2) The public should be involved in developing and committing the
    Commonwealth to the adoption of particular pollution control
    strategies through review of State implementation plans required to
    be submitted by the Clean Air Act.
    (3) The department should have adequate staff and technical
    resources needed to comply with the Clean Air Act. The department
    shall be required to explore the role private industry can play in
    developing and implementing the clean air programs
    as a mechanism to
    insure the Commonwealth meets Clean Air Act deadlines.
    (4) States should not be penalized for missing Clean Air Act
    deadlines when the delay is the result of the Federal Government not
    finalizing guidance to states on implementing the act. The
    Commonwealth and other states must be given a reasonable opportunity
    to meet Clean Air Act deadlines.
    (2 amended July 9, 1992, P.L.460, No.95)
    Section 3. Definitions.--The following words and phrases, when
    used in this act, unless the context clearly indicates otherwise,
    shall have the meaning ascribed to them in this section:
    "Administrator." The Administrator of the United States
    Environmental Protection Agency.
    "Air contaminant." Smoke, dust, fume, gas, odor, mist, radioactive
    substance, vapor, pollen or any combination thereof.
    "Air contamination." The presence in the outdoor atmosphere of an
    air contaminant which contributes to any condition of air pollution.
    "Air contamination source." Any place, facility or equipment,
    stationary or mobile, at, from or by reason of which there is emitted
    into the outdoor atmosphere any air contaminant.
    "Air pollution." The presence in the outdoor atmosphere of any
    form of contaminant, including, but not limited to, the discharging
    from stacks, chimneys, openings, buildings, structures, open fires,
    vehicles, processes or any other source of any smoke, soot, fly ash,
    dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides,
    gases, vapors, odors, toxic, hazardous or radioactive substances,
    waste or any other matter in such place, manner or concentration
    inimical or which may be inimical to the public health, safety or
    welfare or which is or may be injurious to human, plant or animal
    life or to property or which unreasonably interferes with the
    comfortable enjoyment of life or property.
    "Approved air pollution control agency." An air pollution control
    agency of any political subdivision of the Commonwealth which has
    been granted approval by the Environmental Quality Board.
    "Board" or "EQB." The Environmental Quality Board.
    "Clean Air Act." Public Law 95-95 as amended, 42 U.S.C. § 7401 et
    seq.
    "Department." The Department of Environmental Resources of the
    Commonwealth.
    "Environmental Protection Agency" or "EPA." The United States
    Environmental Protection Agency or the Administrator of the United
    States Environmental Protection Agency.
    "Gasoline-dispensing facility." A facility from which gasoline is
    transferred to motor vehicle fuel tanks.
    "Hearing board." The Environmental Hearing Board.
    "Person." Any individual, public or private corporation for profit
    or not for profit, association, partnership, firm, trust, estate,
    department, board, bureau or agency of the Commonwealth
    or the
    Federal Government, political subdivision, municipality, district,

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    authority or any other legal entity whatsoever which is recognized by
    law as the subject of rights and duties.
    "Plan approval." The written approval from the Department of
    Environmental Resources which authorizes a person to construct,
    assemble, install
    or modify any stationary air contamination source or
    install thereon any air pollution control equipment or device.
    "Region." Any geographical subdivision of the Commonwealth whose
    boundaries shall be determined by the Environmental Quality Board.
    "Small business stationary source." A stationary source that:
    (1) is owned or operated by a person that employs one
    hundred (100)
    or fewer individuals;
    (2) is a small business as defined in the Small Business Act
    (Public Law 85-536, 15 U.S.C. § 78a et seq.);
    (3) is not a major stationary source;
    (4) does not emit fifty (50) tons per year of any regulated
    pollutant; and
    (5) emits less than seventy-five (75) tons per year of all
    regulated pollutants.
    "State implementation plan." The plan or plan revision that a
    state is authorized and required to submit under section 110 of the
    Clean Air Act (Public Law 95-95 as amended, 42 U.S.C. § 7410) to
    provide for attainment of the national ambient air quality standards.
    "Stationary air contamination source." Any air contamination
    source other than that which, when operated, moves in a given
    direction under its own power.
    (3 amended July 9, 1992, P.L.460, No.95)
    Compiler's Note:
    The Department of Environmental Resources, referred
    to in this section, was abolished by Act 18 of 1995. Its functions
    were transferred to the Department of Conservation and Natural
    Resources and the Department of Environmental Protection.
    Section 4. Powers and Duties of the Department of Environmental
    Resources.--The department shall have power and its duty shall be to:
    (1) Implement the provisions of the Clean Air Act in the
    Commonwealth.
    (2) Enter any building, property, premises or place and inspect
    any air contamination source for the purpose of investigating an
    actual or a suspected source of air pollution or for the purpose of
    ascertaining the compliance or noncompliance with this act, any rule
    or regulation promulgated under this act or any plan approval, permit
    or order of the department. In connection with such inspection or
    investigation, samples of air, air contaminants, fuel, process
    material or other matter may be taken for analysis, a duplicate of
    the analytical report shall be furnished promptly to the person who
    is suspected of causing such air pollution or air contamination.
    (3) Have access to, and require the production of, books, papers
    and records, including, but not limited to, computerized information
    in a format as the department may reasonably prescribe pertinent to
    any matter under investigation.
    (4) Require the owner or operator of any air contamination source
    to establish and maintain such records and make such reports and
    furnish such information, including computerized information in a
    format as the department may reasonably prescribe.
    (5) Require the owner or operator of any air contamination source
    to install, use and maintain such air contaminant monitoring
    equipment or methods as the department may reasonably prescribe.
    (6) Require the owner or operator of any air contamination source
    to sample the emissions thereof in accordance with such methods and

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    procedures and at such locations and intervals of time as the
    department may reasonably prescribe and to provide the department
    with the results thereof.
    (7) Enter upon any property on which an air contamination source
    may be located and make such tests upon the source as are necessary
    to determine whether the air contaminants being emitted from such air
    contamination source are being emitted at a rate in excess of a rate
    provided for by this act, any rule or regulations promulgated under
    this act or any plan approval, permit or order of the department or
    otherwise causing air pollution. Whenever the department determines
    that a source test is necessary, it shall give reasonable written or
    oral notice to the person owning, operating, or otherwise in control
    of such source, that the department will conduct a test on such
    source. Thereafter, the person to whom such notice is given shall
    provide such reasonably safe access to the testing area, and such
    sampling ports, facilities, electrical power and water as the
    department shall specify in its notice.
    (8) Receive, initiate and investigate complaints, institute and
    conduct surveys and testing programs, conduct general atmospheric
    sampling programs, make observations of conditions which may or do
    cause air pollution, make tests or other determinations at air
    contamination sources, and assess the degree of abatement required.
    (9) (i) Issue orders to any person owning or operating an air
    contamination source, or owning or possessing land on which such
    source is located, if such source is introducing or is likely to
    introduce air contaminants into the outdoor atmosphere in excess of
    any rate provided for by this act, any rule or regulation promulgated
    under this act or any plan approval or permit applicable to such
    source, or at such a level so as to cause air pollution. Any such
    order may require the cessation of any operation or activity which is
    introducing air contaminants into the outdoor atmosphere so as to
    cause air pollution, the reduction of emissions from such air
    contamination source, modification or repair of such source or air
    pollution control device or equipment or certain operating and
    maintenance procedures with respect to such source or air pollution
    control device or equipment, institution of a reasonable process
    change, installation of air pollution control devices or equipment,
    or any or all of said requirements as the department deems necessary.
    Such orders may specify a time for compliance, require submission of
    a proposed plan for compliance, and require submission of periodic
    reports concerning compliance. If a time for compliance is given, the
    department may, in its discretion, require the posting of a bond in
    the amount of twice the money to be expended in reaching compliance.
    (ii) All department orders shall be in writing, contain therein a
    statement of the reasons for their issuance, and be served either
    personally or by certified mail. Within thirty (30) days after
    service of any such order the person to whom the order is issued or
    any other person aggrieved by such order may file with the hearing
    board an appeal setting forth with particularity the grounds relied
    upon. An appeal to the hearing board of the department's order shall
    not act as a supersedeas: Provided, however, That upon application
    and for cause shown, the hearing board may issue such a supersedeas.
    (10) Institute, in a court of competent jurisdiction, proceedings
    to compel compliance with this act, any rule or regulation
    promulgated under this act or any plan approval, permit or order of
    the department.
    (11) Act as the agent for the board in holding public hearings
    when so directed by the board.
    (12) Institute prosecutions under this act.

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    (13) Recommend the minimum job qualifications of personnel
    employed by county and municipal air pollution control agencies
    hereafter created.
    (14) Require the submission of, and consider for approval, plans
    and specifications of air pollution control equipment, devices or
    process changes, and inspect such installations or modifications to
    insure compliance with the plans which have been approved.
    (15) Conduct or cause to be conducted studies and research with
    respect to air contaminants, their nature, causes and effects, and
    with respect to the control, prevention, abatement and reduction of
    air pollution and air contamination.
    (16) Evaluate motor vehicle emission control programs, including
    vehicle emission standards, clean alternative fuels, oxygenated
    fuels, reformulated fuels, vehicle miles of travel, congestion
    levels, transportation control measures and other transportation
    control strategies with respect to their effect upon air pollution
    and determine the need for modifications of such programs.
    (17) Determine by means of field studies and sampling the degree
    of air pollution existing in any part of the Commonwealth.
    (18) Prepare and develop a general comprehensive plan for the
    control and abatement of existing air pollution and air contamination
    and for the abatement, control and prevention of any new air
    pollution and air contamination, recognizing varying requirements for
    the different areas of the Commonwealth, and to submit a
    comprehensive plan to the board for its consideration and approval.
    (19) Encourage the formulation and execution of plans in
    conjunction with air pollution control agencies or civil associations
    of counties, cities, boroughs, towns and townships of the
    Commonwealth wherein any sources of air pollution or air
    contamination may be located, and enlist the cooperation of those who
    may be in control of such sources for the control, prevention and
    abatement of such air pollution and air contamination.
    (20) Encourage voluntary efforts and cooperation by all persons
    concerned in controlling, preventing, abating and reducing air
    pollution and air contamination.
    (21) Conduct and supervise educational programs with respect to
    the control, prevention, abatement and reduction of air pollution and
    air contamination, including the preparation and distribution of
    information relating to the means of controlling and preventing such
    air pollution and air contamination.
    (22) Develop and conduct in cooperation with local communities
    demonstration programs relating to air contaminants, air pollution
    and air contamination and the control, prevention, abatement and
    reduction of air pollution and air contamination.
    (23) Provide advisory technical consultative services to local
    communities for the control, prevention, abatement and reduction of
    air pollution and air contamination.
    (24) Cooperate with the appropriate agencies of the United States
    or of other states or any interstate agencies with respect to the
    control, prevention, abatement and reduction of air pollution, and
    where appropriate formulate interstate air pollution control compacts
    or agreements for the submission thereof to the General Assembly.
    (25) Serve as the agency of the Commonwealth for the receipt of
    moneys from the Federal government or other public or private
    agencies, and expend such moneys for studies and research with
    respect to air contaminants, air pollution and the control,
    prevention, abatement and reduction of air pollution.
    (26) Develop and submit to the Environmental Protection Agency a
    procedure to implement and enforce the regulations which the
    Environmental Protection Agency adopts under section 183(e) of the

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    Clean Air Act to reduce emissions from consumer and commercial
    products, provided the department will receive credits for the
    reductions attributed to the Federal consumer and commercial products
    regulations under section 182 of the Clean Air Act regulations, and
    the department has the resources to implement and enforce the
    program.
    (27) Do any and all other acts and things not inconsistent with
    any provision of this act, which it may deem necessary or proper for
    the effective enforcement of this act and the rules or regulations
    promulgated under this act.
    (4 amended July 9, 1992, P.L.460, No.95)
    Compiler's Note:
    The Department of Environmental Resources, referred
    to in this section, was abolished by Act 18 of 1995. Its functions
    were transferred to the Department of Conservation and Natural
    Resources and the Department of Environmental Protection.
    Section 4.1. Agricultural Regulations Prohibited.--(a) Except as
    may be required by the Clean Air Act or the regulations promulgated
    under the Clean Air Act, this act shall not apply to the production
    of agricultural commodities and the Environmental Quality Board shall
    not have the power nor the authority to adopt rules and regulations
    relating to air contaminants and air pollution arising from the
    production of agricultural commodities.
    (b) As used in this section, the term "production of agricultural
    commodities" shall include, but is not limited to:
    (1) The commercial propagation, production, harvesting or drying
    on the premises of the farm operation or the disposal of residual
    materials resulting from the commercial propagation, production,
    harvesting or drying on the premises of the farm operation of the
    following:
    (i) Field crops, including corn, wheat, oats, rye, barley, hay,
    potatoes and dry beans.
    (ii) Fruits, including apples, peaches, grapes, cherries and
    berries.
    (iii) Vegetables, including tomatoes, snap beans, cabbage,
    carrots, beets, onions, mushrooms, sweet corn and green peas.
    (iv) Horticultural specialties, including nursery stock,
    ornamental shrubs, ornamental trees and flowers.
    (v) Livestock and livestock products, including cattle, sheep,
    hogs, goats, horses, poultry, fur-bearing animals, milk, eggs and
    furs.
    (vi) Timber, wood and other wood products derived from trees.
    (vii) Aquatic plants and animals and their by-products.
    (2) The processing of agricultural commodities propagated,
    produced, harvested or dried under clause (1) or the disposal of
    residual materials resulting from such processing.
    (3) The commercial production, processing or storage of compost,
    except for compost including, all or in part, biosolids originating
    at a municipal sewage treatment facility, to be predominantly used in
    the commercial propagation or production of any agricultural
    commodity identified under clause (1), regardless of whether the
    compost is being produced, processed or stored on a different
    premises than the premises in which the compost is being used.
    (4) The use of any material whose production, processing or
    storage is exempt from this act under clause (3) in the commercial
    propagation or production of any agricultural commodity identified
    under clause (1), or any odor or malodor or fugitive air emission
    resulting from the production, processing or storage of any material
    so exempted.

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    (c) The exemptions applied under subsection (b)(2) shall only apply
    to agricultural commodities propagated, produced, harvested or dried
    on the premises of the farm operation.
    (4.1 amended Dec. 18, 1996, P.L.1150, No.174)
    Compiler's Note:
    Section 2 of Act 174 of 1996, which amended section
    4.1, provided that Act 174 shall be retroactively applied to
    January 1, 1991, in dismissing any pending legal or administrative
    action by the Department of Environmental Protection arising from
    any activity which, by enactment of Act 174, is not subject to the
    provisions of Act 787.
    Section 4.2. Permissible Actions.--(a) In implementing the
    requirements of section 109 of the Clean Air Act, the board may
    adopt, by regulation, only those control measures or other
    requirements which are reasonably required, in accordance with the
    Clean Air Act deadlines, to achieve and maintain the ambient air
    quality standards or to satisfy related Clean Air Act requirements,
    unless otherwise specifically authorized or required by this act or
    specifically required by the Clean Air Act.
    (b) Control measures or other requirements adopted under
    subsection (a) of this section shall be no more stringent than those
    required by the Clean Air Act unless authorized or required by this
    act or specifically required by the Clean Air Act. This requirement
    shall not apply if the board determines that it is reasonably
    necessary for a control measure or other requirement to exceed
    minimum Clean Air Act requirements in order for the Commonwealth:
    (1) To achieve or maintain ambient air quality standards;
    (2) To satisfy related Clean Air Act requirements as they
    specifically relate to the Commonwealth;
    (3) To prevent an assessment or imposition of Clean Air Act
    sanctions; or
    (4) To comply with a final decree of a Federal court.
    (c) The board may not by regulation adopt an ambient air quality
    standard for a specific pollutant which is more stringent than the
    air quality standard which the EPA has adopted for the specific
    pollutant pursuant to section 109 of the Clean Air Act.
    (d) In any challenge to the enforcement of regulations adopted to
    achieve and maintain the ambient air quality standards or to satisfy
    related Clean Air Act requirements, the person challenging the
    regulation shall have the burden to demonstrate that the control
    measure or other requirement or the stringency of the control measure
    or requirement is not reasonably required to achieve or maintain the
    standard or to satisfy related Clean Air Act requirements.
    (e) No person may file a pre-enforcement review challenge under
    this section based in any manner upon the standards set forth in
    subsection (b) of this section.
    (f) This section shall not apply to rules and regulations approved
    as a final rulemaking by the board prior to the effective date of
    this section or to any ambient air quality standards adopted by the
    board where no such standard has been adopted by the EPA.
    (g) This section shall not be construed to weaken or otherwise
    affect site-specific standards or other requirements for individual
    sources or facilities in place prior to the effective date of this
    section.
    (4.2 added July 9, 1992, P.L.460, No.95)
    Section 4.3. Evaluation.--Beginning five (5) years after the
    effective date of this section and every five (5) years thereafter,
    the department shall conduct and submit to the General Assembly an

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    evaluation of the effectiveness of the programs adopted to implement
    the Clean Air Act. The evaluation shall include:
    (1) A determination of whether the limitation imposed in section
    4.2 has hindered in any way the Commonwealth's efforts to comply with
    the Clean Air Act and a recommendation on whether that provision
    should be changed.
    (2) The specific steps taken to implement the Clean Air Act and
    progress made toward meeting the emission reductions required by the
    act and recommendations on any additional steps which must be taken.
    (3) An evaluation of the funding available to implement the Clean
    Air Act programs and whether that funding is sufficient or inadequate
    and recommendations on where adjustments should be made.
    (4) An analysis of the costs imposed on mobile and stationary air
    contamination sources to implement the requirements of the Clean Air
    Act, including on individuals and companies. The analysis of costs
    shall also consider the benefits of compliance with the Clean Air Act
    requirements and the public health, environmental and economic costs
    to the Commonwealth for failing to meet the requirements, including
    the impact of sanctions.
    (5) An evaluation, in consultation with the Department of Commerce
    and the Office of Small Business Ombudsman, of the adequacy of
    measures taken by the Commonwealth to assist small businesses in
    complying with the Clean Air Act.
    (6) A summary of the activities undertaken by the Citizens
    Advisory Council and the air technical advisory committee under
    section 7.6.
    (7) An evaluation of the effectiveness of the Northeast Ozone
    Transport Commission in meeting the mandates of the Clean Air Act and
    recommendations on any changes that could make the commission more
    effective.
    (8) An assessment of the impact of missing Federal deadlines
    identified under section 7.12 has had or will have on the State
    implementation of the Clean Air Act programs.
    (4.3 added July 9, 1992, P.L.460, No.95)
    Compiler's Note:
    The Department of Commerce, referred to in clause
    (5), was renamed the Department of Community and Economic
    Development by Act 58 of 1996.
    Section 5. Environmental Quality Board.--(a) The board shall have
    the power and its duty shall be to:
    (1) Adopt rules and regulations, for the prevention, control,
    reduction and abatement of air pollution, applicable throughout the
    Commonwealth or to such parts or regions or sub-regions thereof
    specifically designated in such regulation which shall be applicable
    to all air contamination sources regardless of whether such source is
    required to be under permit by this act. Such rules and regulations
    may establish maximum allowable emission rates of air contaminants
    from such sources, prohibit or regulate the combustion of certain
    fuels, prohibit or regulate open burning, prohibit or regulate any
    process or source or class of processes or sources, require the
    installation of specified control devices or equipment, or designate
    the control efficiency of air pollution control devices or equipment
    required in specific processes or sources or classes of processes or
    sources. Such rules and regulations shall be adopted pursuant to the
    provisions of the act of July 31, 1968 (P.L.769), known as the
    "Commonwealth Documents Law," upon such notice and after such public
    hearings as the board deems appropriate. In exercising its authority
    to adopt rules and regulations, the board may, and to the extent
    deemed desirable by it shall, consult with a council of technical
    advisers, properly qualified by education or experience in air
    pollution matters, appointed by the board and to serve at the

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    pleasure of the board, to consist of such number of advisers as the
    board may appoint, but such technical advisers shall receive no
    compensation, other than their actual and necessary expenses, for
    their services to the board.
    (2) Establish and publish maximum quantities of air contaminants
    that may be permitted under various conditions at the point of use
    from any air contaminant source in various areas of the Commonwealth
    so as to control air pollution.
    (3) By rule or regulation, classify air contaminant sources,
    according to levels and types of emissions and other characteristics
    which relate to air pollution. Classifications made pursuant to this
    subsection shall apply to the entire Commonwealth or any part
    thereof. Any person who owns or operates an air contaminant source of
    any class to which the rules and regulations of the board under this
    subsection apply, shall make reports containing information as may be
    required by the board concerning location, size and height of air
    contaminant outlets, processes employed, fuels used and the nature
    and time periods or duration of emissions, and such other information
    as is relevant to air pollution and available or reasonably capable
    of being assembled.
    (4) Recommend to the Secretary of Transportation performance
    or specification standards, or both, for emission control systems and
    devices on motor vehicles.
    (5) Adopt rules and regulations for the protection of public
    health and safety for periods when the accumulation of air
    contaminants in any area is attaining or has attained levels
    which, if sustained or exceeded, could lead to an acute threat to the
    health of the public. Such rules and regulations shall contain
    appropriate procedures to protect public health and safety during
    such periods.
    (6) Adopt rules and regulations for the approval and the recision
    and suspension of approval of local air pollution control agencies.
    (7) Adopt rules and regulations designed to reduce emissions from
    motor vehicles, including centrally clean-fueled fleets, clean
    alternative fuels, oxygenated fuels, reformulated fuels, vehicle
    miles of travel, transportation control measures and other
    transportation control strategies. Such rules and regulations shall
    be developed in consultation with the Department of Transportation.
    The board shall not adopt regulations mandating the sale or use of
    any set of specifications for motor fuel prescribed by the State of
    California under 42 U.S.C. § 7545(c)(4)(B) unless the set of
    specifications is required under the Clean Air Act or the regulations
    promulgated thereunder.
    (8) Adopt rules and regulations to implement the provisions of the
    Clean Air Act. The rules and regulations adopted to implement the
    provisions of the Clean Air Act shall be consistent with the
    requirements of the Clean Air Act and the regulations adopted
    thereunder.
    (9) Adopt rules and regulations to exempt sources or categories of
    sources of minor significance from the provisions of section 6.1.
    (10) Adopt rules and regulations establishing provisions to allow
    changes within a permitted facility or one operating pursuant to
    clause (3) of subsection (b) of section 6.1 without requiring a
    permit revision if the changes are not modifications under any
    provision of 42 U.S.C. Ch. 85 Subch. I (relating to programs and
    activities) and the changes do not exceed the emissions allowable
    under the permit whether expressed therein as a rate of emissions or
    in terms of total emissions, provided that the facility provides the
    department and the administrator with written notification in advance
    of the proposed changes which shall be a minimum of seven (7) days,
    unless the board provides in its regulations a different time frame
    for emergencies.

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    (11) In its discretion, by regulation require revisions to permits
    for major sources to incorporate applicable standards and regulations
    promulgated pursuant to the Clean Air Act and adopted by the board
    after the issuance of such permit as required by section 502(b)(9) of
    the Clean Air Act.
    (12) In its discretion, by regulation adopt rules containing
    reasonable procedures consistent with the need for expeditious action
    by the department on plan approvals and operating permit applications
    to make available to the public any plan approval or operating permit
    application, compliance plan, plan approval, operating permit and
    monitoring or compliance report as required by section 502(b)(8) of
    the Clean Air Act.
    (13) Adopt by regulation alternative volatile organic compound
    emission limitations for aerospace coatings and solvents, including
    extreme performance coatings, which are required to be used by the
    United States Department of Defense, the United States Department of
    Transportation and the National Aeronautic and Space Administration
    or to meet military and aerospace specifications, provided such
    alternative limitations are authorized by the Clean Air Act.
    (b) In adopting regulations containing transportation control
    measures, the board shall not have the authority to adopt any
    regulation limiting or expanding any municipalities' authority under
    the Municipal Planning Code to regulate land development, subdivision
    approval, zoning revision, building permit or any other development
    activity unless specifically required by the Clean Air Act.
    (5 amended July 9, 1992, P.L.460, No.95)
    Section 6. Environmental Hearing Board.--The hearing board shall
    have the power and its duty shall be to hear and determine all
    appeals from appealable actions of the department as defined in the
    act of July 13, 1988 (P.L.530, No.94), known as the "Environmental
    Hearing Board Act," in accordance with the provisions of this act.
    Any and all action taken by the hearing board with reference to any
    such appeal shall be in the form of an adjudication, and all such
    action shall be subject to the provisions of 2 Pa.C.S. (relating to
    administrative law and procedure).
    (6 amended July 9, 1992, P.L.460, No.95)
    Section 6.1. Plan Approvals and Permits.--(a) No person shall
    construct, assemble, install or modify any stationary air
    contamination source, or install thereon any air pollution
    control equipment or device unless such person has applied to and
    received written plan approval from the department to do so:
    Provided, however, That no such written approval shall be necessary
    with respect to normal routine maintenance operations, nor to any
    such source, equipment or device used solely for the supplying of
    heat or hot water to one structure intended as a one-family or two-
    family dwelling, nor where construction, assembly, installation or
    modification is specifically authorized by the rules or regulations
    of the department to be conducted without written approval. All
    applications for approval shall be made in writing and shall be on
    such forms and contain such information as the department shall
    prescribe and shall have appended thereto detailed plans and
    specifications related to the proposed installation.
    (b) (1) No person shall operate any stationary air contamination
    source unless the department shall have issued to such person a
    permit to operate such source under the provisions of this section in
    response to a written application for a permit submitted on forms and
    containing such information as the department may prescribe or where

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    construction, assembly, installation or modification is specifically
    authorized by the rules or regulations of the department to be
    conducted without written approval. The department shall provide
    public notice and the right to comment on all permits prior to
    issuance or denial and may hold public hearings concerning any
    permit.
    (2) A permit may be issued after the effective date of this
    amendment to any applicant for a stationary air contamination source
    requiring construction, assembly, installation or modification where
    the requirements of subsection (a) of this section have been met and
    there has been performed upon such source a test operation or
    evaluation which shall satisfy the department that the air
    contamination source will not discharge into the outdoor atmosphere any
    air contaminants at a rate in excess of that permitted by applicable
    regulation of the board, or in violation of any performance or emission
    standard or other requirement established by the Environmental Protection
    Agency or the department for such source, and which will not cause air
    pollution.
    (3) A stationary air contamination source operating lawfully without a
    permit for which fees required by section 6.3 of this act or the
    regulations promulgated under this act have been paid is authorized to
    continue to operate without a permit until one hundred twenty (120) days
    after the department provides notice to the source that a permit is
    required or until November 1, 1996, whichever occurs first. If the
    applicant submits a complete permit application within the time frames in
    this subsection and the department fails to issue a permit through no
    fault of the applicant, the source may continue to operate if the fees
    required by section 6.3 or the regulations promulgated under this act have
    been paid and the source is operated in conformance with this act, the
    Clean Air Act and the regulations promulgated under both this act and the
    Clean Air Act. For any performance or emission standard or other
    requirement established by the Environmental Protection Agency or the
    department for the source subsequent to the effective date of this act but
    prior to the permit issuance date, the permit may contain a compliance
    schedule authorizing the source to operate out of compliance and requiring
    the source to achieve compliance as soon as possible but no later than the
    time required by this act, the Clean Air Act or the regulations
    promulgated under either this act or the Clean Air Act. For purposes of
    this subsection, a source is operating lawfully without a permit where it
    is a source for which no permit was previously required and the source is
    operating in compliance with applicable regulatory requirements.
    (4) For repermitting of any stationary air contamination source which
    is operating under a valid permit on the effective date of this act or
    which has received a permit under the provisions of clauses (2) and (3) of
    this subsection and which is required to meet performance or emission
    standards or other requirements established subsequent to the issuance of
    the existing permit, the new permit may contain a compliance schedule
    authorizing the source to operate out of compliance and requiring the
    source to achieve compliance as soon as possible but no later than the
    time required by this act, the Clean Air Act or the regulations
    promulgated under either this act or the Clean Air Act.
    (b.1) A permit or plan approval issued hereunder may contain such terms
    and conditions as the department deems necessary to assure the proper
    operation of the source. The board shall by regulation establish a permit
    shield for permits issued under the authority delegated to the
    Commonwealth by the EPA under Title V of the Clean Air Act. The program
    shall be consistent with the requirements of section 504(f) of the Clean
    Air Act and the regulations promulgated thereunder. Each permittee, on a
    schedule established by the department, shall submit reports to the

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    department containing such information as the department may prescribe
    relative to the operation and maintenance of the source.
    (b.2) A permit issued or reissued under subsection (b) of this section
    shall be issued for a five (5) year term unless a shorter term is
    required to comply with the Clean Air Act and regulations promulgated
    thereunder or the permittee requests a shorter term, except that a
    permit for acid deposition control shall be issued for a five (5)
    year term. A permit may be terminated, modified, suspended or revoked
    and reissued for cause. The terms and conditions of an expired permit
    are automatically continued pending the issuance of a new permit
    where the permittee has submitted a timely and complete application
    for a new permit and paid the fees required by section 6.3 or the
    regulations promulgated under this act and the department is unable,
    through no fault of the permittee, to issue or deny a new permit
    before the expiration date of the previous permit. Failure of the
    department to issue or deny a new permit prior to the expiration date
    of the previous permit shall be an appealable action as described in
    section 10.2. The hearing board may require that the department take
    action on an application without additional delay.
    (b.3) The board shall by regulation establish adequate,
    streamlined and reasonable procedures for expeditiously determining
    when applications are complete and for expeditious review of
    applications. The department shall approve or disapprove a complete
    application, consistent with the procedures established by the board
    for consideration of such applications, within eighteen (18) months
    after the date of receipt of the complete application except that the
    department shall establish a phased schedule for acting on permit
    applications submitted within the first full year after the effective
    date of the Title V permit program established to implement the
    requirements of the Clean Air Act. The schedule shall assure that at
    least one-third of such permits shall be acted upon by the department
    annually over a period not to exceed three (3) years after such
    effective date. Failure of the department to issue or deny a permit
    by a deadline established by this subsection shall be an appealable
    action as described in section 10.2 of this act. The hearing board
    may require that the department take action on an application without
    additional delay.
    (b.4) (1) During the term of a permit, a permittee may reactivate
    any source under the permit that has been out of operation or
    production for a period of one year or more, provided that the
    permittee has submitted a reactivation plan to and received written
    approval from the department. The reactivation plan shall describe
    the measures that will be taken to ensure the source will be
    reactivated in compliance with all applicable permit requirements. A
    reactivation plan may be submitted to and approved by the department
    at any time during the term of a permit. The department shall take
    action on the reactivation plan within thirty (30) days unless the
    department determines that additional time is needed based on the
    size or complexity of the reactivated source.
    (2) A reactivation plan may also be submitted to and approved by
    the department as part of the plan approval or permit application
    process. An owner or operator who has an approved reactivation plan
    shall notify the department prior to the reactivation of the source.
    (b.5) The board shall adopt the regulations required by
    subsections (b.1), (b.3) and (i) as part of the regulatory package to
    implement the operating permit program required by Title V of the
    Clean Air Act.
    (c) A plan approval or permit issued hereunder may be terminated,
    modified, suspended or revoked and reissued if the permittee
    constructs or operates the source subject to the plan approval or
    permit in such a manner as to be in violation of this act, the Clean

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    Air Act, the regulations promulgated under either this act or the
    Clean Air Act, a plan approval or permit or in such a manner as to
    cause air pollution, if the permittee fails to properly or adequately
    maintain or repair any air pollution control device or equipment
    attached to or otherwise made a part of the source, if the permittee
    has failed to submit a report required by a plan approval or
    operating permit under this section or if the Environmental
    Protection Agency
    determines that the permit is not in compliance with
    the requirements of the Clean
    Air Act or the regulations promulgated
    under the Clean Air Act.
    (d) The department may refuse to grant plan approval for any
    stationary air contamination source subject to the provisions of
    subsection (a) of this section or to issue a permit to any
    source that the department determines is likely to cause air
    pollution or to violate this act, the Clean Air Act or the
    regulations promulgated under either this act or the Clean Air Act
    applicable to such source or if, in the design of such source, no
    provision is made for adequate verification of compliance, including
    source testing or alternative means to verify compliance. The
    department may also refuse to issue a permit or may for cause
    terminate or revoke and reissue any permit to any person if the
    Environmental Protection Agency determines that the permit is not in
    compliance with the requirements of the Clean Air Act or the
    regulations promulgated under the Clean Air Act or if the applicant
    has constructed, installed, modified or operated any air
    contamination source or installed any air pollution control equipment
    or device on such source contrary to the plans and specifications
    approved by the department.
    (e) Whenever the department shall refuse to grant an approval or
    to issue or reissue a permit hereunder or terminate, modify, suspend
    or revoke a plan approval or permit already issued, such action
    shall be in the form of a written notice to the person affected
    thereby informing him of the action taken by the department and
    setting forth, in such notice, a full and complete statement of the
    reasons for such action. Such notice shall be served upon the person
    affected, either personally or by certified mail, and the action set
    forth in the notice shall be final and not subject to review unless,
    within thirty (30) days of the service of such notice, any person
    affected thereby shall appeal to the hearing board, setting forth
    with particularity the grounds relied upon. The hearing board shall
    hear the appeal pursuant to the provisions of the rules and
    regulations relating to practice and procedure before the hearing
    board, and thereafter, shall issue an adjudication affirming,
    modifying or overruling the action of the department.
    (f) The department may by regulation establish a general plan
    approval and a general permit program. After the program is
    established, the department may grant general plan approval or a
    general permit for any category of stationary air contamination
    source if the department determines that the sources in such category
    are similar in nature and can be adequately regulated using
    standardized specifications and conditions. Any applicant
    proposing to use a general plan approval or general permit shall
    notify the department and receive written approval prior to the
    proposed use. The department shall take action on a notification
    within thirty (30) days.
    (g) The department may by regulation establish a plan approval and
    permit program for stationary sources operated at multiple temporary
    locations. After the program is established, the department may grant
    a plan approval or issue a single permit to any stationary air
    contamination source that may be operated at multiple temporary

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    locations. Such approval or permit shall require the owner or
    operator to notify the department and municipality where the
    operation shall take place in advance of each change in location and
    may require a separate application and permit or approval
    fee for
    operations at each location. Any applicant proposing to use the plan
    approval or permit authorized by this subsection shall notify the
    department and receive written approval prior to the proposed use.
    The department shall take action on a request within thirty (30)
    days.
    (h) The department shall establish comprehensive plan approval and
    operating permit programs which meet the requirements of this act and
    the Clean Air Act.
    (i) The board shall by regulation establish provisions to allow
    changes within a permitted facility or one operating pursuant to
    clause (3) of subsection (b) of section 6.1 without requiring a
    permit revision, if the changes are not modifications under any
    provision of 42 U.S.C. Ch. 85 Subch. I (relating to programs and
    activities) and the changes do not exceed the emissions allowable
    under the permit whether expressed therein as a rate of emissions or
    in terms of total emissions, provided that the facility provides the
    administrator and the department with written notification at least
    seven (7) days in advance of the proposed changes, unless the board
    provides in its regulations a different time frame for emergencies.
    (j) The department shall make available to the public any permit
    application, compliance plan, permit and monitoring or compliance
    report required by this act.
    (k) The department shall require revisions to any
    permit to
    incorporate applicable standards and regulations promulgated under
    the Clean Air Act after the issuance of such permit. Such revisions
    shall occur as expeditiously as practicable, but not later than
    eighteen (18) months after the promulgation of such standards and
    regulations. No such revision shall be required if the effective date
    of the standards or regulations is a date after the expiration of the
    permit term or if less than three (3) years remain on the permit.
    Such permit revision shall be treated as a permit renewal if it
    complies with the requirements of this act regarding renewals.
    (6.1 amended July 9, 1992, P.L.460, No.95)
    Section 6.2. Emergency Procedure.--(a) Any other provision of law
    to the contrary notwithstanding, if the department finds, in
    accordance with the rules and regulations of the board adopted under
    the provisions of clause (5) of section 5 of this act, that a
    generalized condition of air pollution exists and that it creates an
    emergency requiring immediate action to protect human health or
    safety, the department, with the concurrence of the Governor, shall
    order or direct persons causing or contributing to the air pollution
    to immediately reduce or discontinue the emission of air contaminants.
    ((a) amended July 9, 1992, P.L.460, No.95)
    (b) In the absence of a generalized condition of air pollution, if the
    department finds that emissions from the operation of one or more air
    contamination sources are creating an imminent danger to human health
    -
    or
    safety, the department may, without regard to the provisions of section 4
    of this act, order the persons responsible for the operation of the air
    contamination sources in question to immediately reduce or discontinue the
    emission of air contaminants.
    (c) An order issued under subsection (a) or (b) of this section shall
    fix a place and time, not later than twenty-four hours thereafter, for a
    hearing to be held before the hearing board. Within twenty-four hours
    after the commencement of such hearing, and without adjournment thereof,

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    the hearing board shall affirm, modify or set aside the order of the
    department.
    (d) This section shall not be construed to limit any power which the
    Governor or any other officer may have to declare an emergency and act on
    the basis of such declaration.
    (6.2.amended July 9, 1992, P.L.460, No.95)
    Section 6.3. Fees.--(a) This section authorizes the establishment of
    fees sufficient to cover the indirect and direct costs of administering
    the air pollution control plan approval process, operating permit program
    required by Title V of the Clean Air Act, other requirements of the Clean
    Air Act and the indirect and direct costs of administering the Small
    Business Stationary Source Technical and Environmental Compliance
    Assistance Program, Compliance Advisory Committee and Office of Small
    Business Ombudsman. This section also authorizes the board by regulation
    to establish fees to support the air pollution control program authorized
    by this act and not covered by fees required by section 502(b) of the
    Clean Air Act.
    (b) An annual interim air emission fee of fourteen dollars ($14.00) per
    ton on emissions of sulfur dioxide, nitrogen oxides, particulate matter of
    ten (10) microns or less and volatile organic compounds is hereby
    established to cover the reasonable direct and indirect costs of
    developing and administering the air pollution control operating permit
    program required by Title V of the Clean Air Act, other requirements of
    the Clean Air Act and the reasonable indirect and direct costs of
    administering the Small Business Stationary Source Technical and
    Environmental Compliance Assistance Program, Compliance Advisory Committee
    and the Office of Small Business Ombudsman to be collected during fiscal
    year 1992-1993 covering actual emissions occurring in calendar year 1991,
    fiscal year 1993-1994 covering actual emissions occurring in calendar year
    1992 and fiscal year 1994-1995 covering actual emissions occurring during
    calendar year 1993. The interim fee shall not apply to air emissions of
    less than one hundred (100) tons for any of the listed pollutants,
    provided that when emissions exceed one hundred (100) tons the entire
    amount of all air emissions for any of the listed pollutants up to five
    thousand five hundred (5,500) tons shall be chargeable emissions for
    interim fee purposes.
    (c) The board shall establish by regulation a permanent annual air
    emission fee as required for regulated pollutants by section 502(b) of the
    Clean Air Act to cover the reasonable direct and indirect costs of
    administering the operating permit program required by Title V of the
    Clean Air Act, other related requirements of the Clean Air Act and the
    reasonable indirect and direct costs of administering the Small Business
    Stationary Source Technical and Environmental Compliance Assistance
    Program, Compliance Advisory Committee and the Office of Small Business
    Ombudsman to be collected starting in fiscal year 1995-1996 covering air
    emissions occurring during calendar year 1994. In no case shall the amount
    of the permanent fee be more than that which is necessary to comply with
    section 502(b) of the Clean Air Act. The permanent fee shall not apply to
    emissions of more than four thousand (4,000) tons for any regulated
    pollutant. In the event a final regulation containing the permanent annual
    air emission fee is not effective by July 1, 1995, the permanent annual
    air emission fee for sources subject to the Title V operating permit
    program shall be the adjusted minimum dollar amount set under section
    502(b) of the Clean Air Act until such time as the final regulation is
    effective.
    (d) Unless precluded by the Clean Air Act, the board shall establish a
    permanent air emission fee which considers the size of the air
    contamination source, the resources necessary to process the application
    for plan approval or an operating permit, the complexity of the plan
    approval or operating permit, the quantity and type of emissions from the

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    sources, the amount of fees charged in neighboring states, the importance
    of not placing existing or prospective sources in this Commonwealth at a
    competitive disadvantage and other relevant factors.
    (e) Until alternative fees are established by the board under
    subsection (c) of this section, stationary air contamination sources shall
    pay the following interim fees:
    (1) Two hundred dollars ($200.00) for the processing of an application
    for an operating permit.
    (2) Two hundred dollars ($200.00) for annual operating permit
    administration fee.
    (f) No emissions fee established under subsection (b), (c) or (j) of
    this section shall be payable by any State entity, instrumentality or
    political subdivision in relation to any publicly owned or operated
    facility.
    (g) Any fees imposed under this section in areas with approved local
    air pollution control programs shall be deposited in a restricted account
    established by the governing body authorizing the local program for use by
    that program to implement the provisions of this act for which they are
    responsible. The governing body shall annually submit to the department an
    audit of the account in order to insure the funds were properly spent.
    (h) (1) Unless the board establishes a different payment schedule by
    regulation, each facility subject to the emission fees established in
    subsections (b) and (c) of this section shall report its emissions and pay
    the fee within one hundred twenty (120) days after receipt of a reporting
    form from the department or by September 1 of each year for the emission
    from the preceding year, whichever occurs first.
    (2) An air contamination source that fails to pay the fees within the
    time frame established by this act or by regulation shall pay a penalty of
    fifty per centum (50%) of the fee amount, plus interest on the fee amount
    computed in accordance with section 6621(a)(2) of the Internal Revenue
    Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.) from the date the
    fee was required to be paid. In addition, such source may have its permit
    terminated or suspended. The fee, penalty and interest may be collected
    following the process for assessment and collection of a civil
    penalty contained in section 9.1.
    (i) The permanent air emission fee imposed under subsection (c)
    shall be increased in each year after implementation of the fee by
    regulation by the percentage, if any, by which the Consumer Price
    Index for the most recent calendar year exceeds the Consumer Price
    Index for the calendar year 1989. For purposes of this subsection:
    (1) The Consumer Price Index for any calendar year is the average
    of the Consumer Price Index for All-Urban Consumers, published by the
    United States Department of Labor, as of the close of the twelve (12)
    month period ending on August 31 of each calendar year.
    (2) The revision of the Consumer Price Index which is most
    consistent with the Consumer Price Index for calendar year 1989 shall
    be used.
    (j) The board may by regulation establish the following categories
    of fees not related to Title V of the Clean Air Act. Until such
    regulations are adopted, stationary air contamination sources shall
    pay the following fees:
    (1) Two hundred dollars ($200.00) for the processing of any
    application for plan approval.
    (2) Two hundred dollars ($200.00) for the processing of any
    application for an operating permit.
    (3) Two hundred dollars ($200.00) for annual operating permit
    administration fee.
    In regard to fees established under this subsection, individual
    sources required to be regulated by Title V of the Clean Air Act
    shall only be subject to plan approval fees authorized in this
    subsection.

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    (k) No administrative action shall prevent the deposit of the fees
    established pursuant to this section in the Clean Air Fund
    established in section 9.2 during the fiscal year in which they are
    collected. The fees shall only be used for the purposes authorized in
    this section and section 9.2 and shall not be transferred or diverted
    to any other purpose by administrative action.
    (1) Any fees, penalties and interest owed the Commonwealth for
    delinquent payment collected under this section shall be deposited in
    the Clean Air Fund.
    (m) As used in this section, the term "regulated pollutant" shall
    mean a volatile organic compound, each pollutant regulated under
    sections 111 and 112 of the Clean Air Act and each pollutant for
    which a national primary ambient air quality standard has been
    promulgated, except that carbon monoxide shall be excluded from this
    reference.
    (6.3 added July 9, 1992, P.L.460, No.95)
    Section 6.4. Fee for Certain Ozone Areas.--(a) If an area
    identified in a State implementation plan or any revision as a severe
    or extreme ozone nonattainment area has failed to meet the national
    primary ambient air quality standard for ozone by the applicable
    attainment date, each major source of volatile organic compounds
    (VOCs), as defined in the Clean Air Act and the regulations
    promulgated under the Clean Air Act, located in the area shall,
    except with respect to emissions during any year treated as an
    extension year under section 181(a)(5) of the Clean Air Act, pay a
    fee to the department as a penalty for such failure for each calendar
    year beginning after the attainment date until the area is
    redesignated as an attainment area for ozone. This fee shall be
    assessed and collected following the process for collection and
    assessment of a civil penalty contained in section 9.1.
    (b) (1) The fee shall equal five thousand dollars ($5,000.00),
    adjusted in accordance with clause (3) of this subsection, per ton of
    VOC emitted by the source during the calendar year in excess of
    eighty per centum (80%) of the baseline amount, computed under clause
    (2) of this subsection. The fee shall be in
    addition to all other
    fees required to be paid by the source.
    (2) (i) For purposes of this section, the baseline amount shall be
    computed, in accordance with such guidance as the administrator may
    provide, as the lower of the amount of actual VOC emissions (referred
    to as actuals) or VOC emissions allowed under the permit applicable
    to the source or, if no such permit has been issued for the
    attainment year, the amount of VOC emissions allowed under the
    applicable implementation plan (referred to as
    allowables) during the
    attainment year.
    (ii) Notwithstanding subclause (i) of this clause, the
    administrator may issue guidance authorizing the baseline amount to
    be determined in accordance with the lower of average actuals or
    average allowables determined over a period of more than one (1)
    calendar year. This guidance may provide that the average calculation
    for a specific source may be used if that source's emissions are
    irregular, cyclical or otherwise vary significantly from year to
    year.
    (3) The fee amount under clause (1) of this subsection shall be
    adjusted annually, beginning 1991 in accordance with subsections (h)
    and (i) of section 6.3.
    (c) For areas with a total population under two hundred thousand
    (200,000) which fail to attain the standard by the applicable
    attainment date, no sanction under this section or under any other
    provisions of this act shall apply if the area can demonstrate,
    consistent with guidance issued by the Environmental Protection
    Agency, that attainment in the area is prevented because of ozone or

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    ozone precursors transported from other areas. The prohibition
    applies only in cases in which the area has met all requirements and
    implemented all measures applicable to the area under the Clean Air
    Act.
    (6.4 added July 9, 1992, P.L.460, No.95)
    Section 6.5. Acid Deposition Control.--(a) The department is
    authorized to develop a permit program for acid deposition control in
    accordance with Titles IV and V of the Clean Air Act and to submit it
    to the administrator for approval.
    (b) For purposes of the permit program authorized under subsection
    (a) of this section, the definitions in sections 402 and 501 of the
    Clean Air Act are incorporated herein by reference.
    (c) The owner or operator or the designated representative of each
    source affected under section 405 of the Clean Air Act shall submit a
    permit application and compliance plan for the affected source to the
    department no later than January 1, 1996. In the case of affected
    sources for which application and plans are timely received, the
    permit application and the compliance plan, including amendments
    thereto, shall be binding on the owner or operator or the designated
    representative of the owners or operators and shall be enforceable as
    a permit for purposes of this section until a permit is issued by the
    department. Any permit issued by the department shall require the
    source to achieve compliance as soon as possible but no later than the
    date required by this act, the Clean Air Act or the regulations
    promulgated under either this act or the Clean Air Act for the source.
    (d) At any time after the submission of a permit application and
    compliance plan, the applicant may submit a revised application and
    compliance plan. In considering any permit application and compliance plan
    under this section, the department shall coordinate with the Pennsylvania
    Public Utility Commission consistent with requirements that may be
    established by the administrator.
    (e) In addition to other provisions, permits issued by the department
    shall prohibit all of the following:
    (1) Annual emissions of sulfur dioxide in excess of the number of
    allowances to emit sulfur dioxide that the owner or operator or designated
    representative hold for the unit.
    (2) Exceedances of applicable emissions rates or standards, including
    ambient air quality standards.
    (3) The use of any allowance prior to the year for which it is
    allocated.
    (4) Contravention of any other provision of the permit.
    (6.5 added July 9, 1992, P.L.460, No.95)
    Section 6.6. Hazardous Air Pollutants.--(a) The regulations
    establishing performance or emission standards promulgated under section
    112 of the Clean Air Act are incorporated by reference into the
    department's permitting program. After the effective date of the
    performance or emission standard, new, reconstructed, modified and
    existing sources shall comply with the performance or emission standards
    pursuant to the compliance schedule established under section 112 of the
    Clean Air Act and the regulations promulgated under the Clean Air Act. The
    Environmental Quality Board may not establish a more stringent performance
    or emission standard for hazardous air pollutant emissions from existing
    sources, except as provided in subsection (d). This section shall not
    apply to rules and regulations adopted as final prior to the effective
    date of this act and shall not be construed to weaken standards for
    individual sources or facilities in effect prior to the effective date of
    this act. The board may establish performance or emission standards for
    sources or categories of sources which are not included on the list of
    source categories established under section 112(c) of the Clean Air Act.
    For purposes of this section, the term "performance standard" includes

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    design, equipment, work practice or operational standards or any
    combination thereof.
    (b) In the event the administrator has not promulgated a standard to
    control the emissions of hazardous air pollutants for a category or
    subcategory of major sources under section 112 of the Clean Air Act,
    pursuant to a schedule established pursuant to section 112(c) of the Clean
    Air Act, the department shall have the authority to establish a
    performance or emission standard on a case-by-case basis for individual
    sources or a category of sources. The department shall have the authority
    to make the determinations required by section 112(g)(2) of the Clean Air
    Act regarding the construction, reconstruction and modification of
    sources. Any person challenging the performance or emission standards
    established by the department shall have the burden to demonstrate that
    the performance or emission standard does not meet the requirements of
    section 112 of the Clean Air Act. The department shall incorporate the
    standard to control the emissions of hazardous air pollutants into the
    plan approval or operating permit of any source within the category or
    subcategory. The performance or emission standard established on a case-
    by-case basis by the department shall be equivalent to the limitation that
    would apply to the source if a performance or emission standard had been
    promulgated by the administrator under section 112 of the Clean Air Act.
    (c) The department is authorized to require that new sources
    demonstrate in the plan approval application that the source will reduce
    or control emissions of air pollutants, including hazardous air
    pollutants, by using the best available technology.
    (d) (1) When needed to protect public health, welfare and the
    environment from emissions of hazardous air pollutants from new and
    existing sources, the department may impose health risk-based emission
    standards or operating practice requirements. In developing such health
    risk-based emission standards or operating practice requirements, the
    department shall provide an explanation and rationale for such standards
    or requirements and provide for public review and comments on plan
    approvals, operating permits, guidelines and regulations which contain
    health risk-based emission standards or operating practice requirements.
    Standards or requirements adopted pursuant to this subsection shall be
    developed using an analysis which, among other factors, considers, where
    appropriate for a source or source category, the criteria set forth in
    section 112(f)(1) of the Clean Air Act in assessing the proposed risk to
    the public health, welfare and the environment from the source.
    (2) In the case of coke oven batteries, the department may not impose
    health risk-based emission standards more stringent than Federal
    requirements until eight (8) years after promulgation of maximum
    achievable control technology (MACT) standards and not until the year 2020
    for coke oven batteries which satisfy the requirements of section
    112(i)(8)(A) of the Clean Air Act.
    (3) Notwithstanding the limitation in clause (2), where the operation
    of a coke oven battery would result in serious, substantial and
    demonstrable harm to public health, welfare and the environment, the
    department may impose health risk-based emission standards by regulation
    which utilize proven, commercially available and economically available
    methods of technology.
    (i) The department shall not impose health risk-based emission
    standards until after January l, 1998, for those coke oven batteries which
    satisfy the applicable MACT or lowest achievable emission rate (LAER)
    standards.
    (ii) After January 1, 1998, the department shall only impose health
    risk-based emission standards adopted pursuant to section 112(f) of the
    Clean Air Act, and, if no such emission standards are adopted pursuant to
    section 112(f) of the Clean Air Act, the department may adopt such
    emission standards, provided that such standards are consistent with the
    criteria and the factors set forth in clause (1) and section 112(f) of the
    Clean Air Act and until such time as health risk-based standards are

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    enacted by the Federal Government pursuant to section 112(f) of the Clean
    Air Act.
    (e) The department shall have the authority to require, in the plan
    approval and operating permit, reasonable monitoring, recordkeeping and
    reporting requirements for sources which emit hazardous air
    pollutants.
    (f) Nothing in this section shall preclude the department from
    taking an emergency action where there is an immediate or potential
    threat to public health, welfare and the environment from an air
    pollutant, including a hazardous air pollutant.
    (g) The early emissions reduction program authorized under section
    112(i)(5) of the Clean Air Act is incorporated by reference in the
    department's permitting program.
    (6.6 added July 9, 1992, P.L.460, No.95)
    Section 6.7. Control of Volatile Organic Compounds from Gasoline-
    Dispensing Facilities.--(a) ((a) repealed Nov. 26, 1997, P.L.177,
    No.175)
    (b) ((b) repealed Nov. 26, 1997, P.L.177, No.175)
    (c) ((c) repealed Nov. 26, 1997, P.L.177, No.175)
    (d) ((d) repealed Nov. 26, 1997, P.L.177, No.175)
    (e) ((e) repealed Nov. 26, 1997, P.L.177, No.175)
    (f) ((f) repealed Nov. 26, 1997, P.L.177, No.175)
    (g) ((g) repealed Nov. 26, 1997, P.L.177, No.175)
    (h) The department shall implement the functional testing and
    certification requirements specified in EPA's Stage II enforcement
    and technical guidance documents developed under section 182 of the
    Clean Air Act to meet the Clean Air Act requirements for areas
    classified as moderate, serious, severe or extreme ozone
    nonattainment.
    (6.7 amended Nov. 26, 1997, P.L.530, No.57)
    Section
    7. Public Hearings.--(a) Public hearings shall be held by
    the board or by the department, acting on behalf and at the direction
    or request of the board, in any region of the Commonwealth affected
    before any rules or regulations with regard to the control,
    abatement, prevention or reduction of air pollution are adopted for
    that region or subregion. When it becomes necessary to adopt rules
    and regulations for the control, abatement, prevention or reduction
    of air pollution for more than one region of the Commonwealth, the
    board may hold one hearing for any two contiguous regions to be
    affected by such rules and regulations. Such hearing may be held in
    either of the two contiguous regions. In the case where it becomes
    necessary to adopt rules and regulations for the control, abatement,
    prevention or reduction of air pollution for any area of the
    Commonwealth which encompasses more than one region or parts of more
    than one region, public hearings shall be held in the area concerned.
    Full stenographic transcripts shall be taken of all public hearings
    and shall be made available by the department to any party concerned
    with the subject matter of the hearing upon the payment of prevailing
    rates for such transcripts.
    (b) In addition to the matters discussed at the public hearings,
    the board may, in its discretion, solicit the views, in writing, of
    persons who may be affected by, or interested in, proposed rules and
    regulations.
    (c) Notice to the public of the time and place of any public
    hearing shall be given at least thirty
    (30) days prior to the
    scheduled date of the hearing by public advertisement in a newspaper

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    or newspapers of general circulation in the region of the
    Commonwealth affected.
    (d) The persons designated to conduct the hearing shall have the
    power to issue notices of hearings in the name of the board.
    (e) Full opportunity to be heard with respect to the subject of
    the hearing shall be given to all persons in attendance, in
    addition to which persons, whether or not in attendance, may, within
    thirty (30) days, submit their views to the department, which the
    department shall transmit to the board with its report.
    (7 amended Oct. 26, 1972, P.L.989, No.245)
    Section 7.1. Compliance Review.--(a) The department shall not
    issue, reissue or modify any plan approval or permit pursuant to this
    act or amend any plan approval or permit issued under this act and
    may suspend, terminate or revoke any permit or plan approval
    previously issued under this act if it finds that the applicant or
    permittee or a general partner, parent or subsidiary corporation of
    the applicant or permittee is in violation of this act, or the rules
    and regulations promulgated under this act, any plan approval, permit
    or order of the department, as indicated by the department's
    compliance docket, unless the violation is being corrected to the
    satisfaction of the department.
    (b) The department may refuse to issue any plan approval or permit
    pursuant to this act if it finds that the applicant or permittee or a
    partner, parent or subsidiary corporation of the applicant or
    permittee has shown a lack of intention or ability to comply with
    this act or the regulations promulgated under this act or any plan
    approval, permit or order of the department, as indicated by past or
    present violations, unless the lack of intention or ability to comply
    is being or has been corrected to the satisfaction of the department.
    (c) In performing the compliance review required under this
    section, the department shall only consider violations arising under
    this act that occurred or are occurring in Pennsylvania.
    (d) A permittee or applicant may appeal any violation arising
    under this act which the department places on the compliance docket.
    (7.1 added July 9, 1992, P.L.460, No.95)
    Section 7.2. Permit Compliance Schedules.--In addition to the
    other enforcement provisions of this act, the department may issue a
    permit under clauses (3) and (4) of subsection (b) of section 6.1 to
    a source that is out of compliance with this act, the Clean Air Act
    or the regulations promulgated under either this act or the Clean Air
    Act. Any such permit must contain an enforceable schedule requiring
    the source to attain compliance. The compliance schedule may contain
    interim milestone dates for completing any phase of the required
    work, as well as a final compliance date, and may contain stipulated
    penalties for failure to meet the compliance schedule. If the
    permittee fails to achieve compliance by the final compliance date,
    the permit shall terminate. The permit shall be part of an overall
    resolution of the outstanding noncompliance and may include the
    payment of an appropriate civil penalty for past violations and shall
    contain such other terms and conditions as the department deems
    appropriate. A permit may incorporate by reference a compliance
    schedule contained within a consent order and agreement, including
    all provisions related to implementation or enforcement of the
    compliance schedule or consent order and agreement.
    (7.2 added July 9, 1992, P.L.460, No.95)
    Section 7.3. Responsibilities of Owners and Operators.--(a)
    Whenever the department finds that air pollution or danger of air

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    pollution is or may be resulting from an air contamination source in
    the Commonwealth, the department may order the owner or operator to
    take corrective action in a manner satisfactory to the department, or it
    may order the owner or operator to allow access to the land by the
    department or a third party to take such action.
    (b) For purposes of collecting or recovering the costs involved in
    taking corrective action or pursuing a cost recovery action pursuant to an
    order or recovering the cost of litigation, oversight, monitoring,
    sampling, testing and investigation related to a corrective action, the
    department may collect the amount in the same manner as civil penalties
    are assessed and collected following the process for assessment and
    collection of a civil penalty contained in section 9.1.
    (7.3 added July 9, 1992, P.L.460, No.95)
    Section 7.4. Interstate Transport Commission.--(a) The Commonwealth,
    through its representatives on an interstate transport commission formed
    under the Clean Air Act, shall provide public review of recommendations
    for additional control measures prior to final commission action
    consistent with the commission's public review requirements under section
    184(c)(1) of the Clean Air Act. The opportunity for public review
    established under this section shall run concurrently with the
    commission's public comment period established under section 184(c)(1) of
    the Clean Air Act.
    (b) Control strategies approved by an interstate transport commission
    and by the Commonwealth's representatives and set forth in resolutions or
    memoranda of understanding shall be considered commitments by the
    executive to pursue subsequent
    legislative, regulatory or other
    administrative actions to implement the control strategies.
    (c) The Commonwealth strongly recommends that an interstate transport
    commission adopt formal procedures which allow for an open public review
    and comment period prior to the adoption of resolutions or consideration
    of memoranda of understanding or other actions which recommend that states
    adopt control strategies. The Commonwealth's representatives shall take
    actions consistent with this recommendation.
    (d) The General Assembly of Pennsylvania finds that the interstate
    transport of pollutants from the State of Ohio contributes significantly
    to the violation of national ambient air quality standards by the
    Commonwealth. Therefore, as set forth in section 176A of the Clean Air
    Act, the Governor, on behalf of the Commonwealth, may petition the Federal
    EPA Administrator to include the State of Ohio in any interstate transport
    commission to which Pennsylvania is a member state.
    (7.4 added July 9, 1992, P.L.460, No.95)
    Section 7.5. Public Review of State Implementation Plans.--(a) A State
    implementation plan required by the Clean Air Act which commits the
    Commonwealth to adopt air pollution control measures or procedures shall
    be the subject of a public comment period. The public comment period shall
    be no less than sixty (60) days, and the department may, at its
    discretion, hold public informational meetings or public hearings as part
    of the comment period.
    (b) Notice of a proposed State implementation plan shall be published
    in the Pennsylvania Bulletin and in sufficient newspapers having general
    circulation in the area covered by the State implementation plan. If the
    State implementation plan covers the entire State, notice shall be
    published in at least six (6) newspapers of general circulation throughout
    the Commonwealth.
    (c) A State implementation plan subject to this section shall
    include the following provisions:
    (1) Statements clearly indicating the specific provisions of the
    Clean Air Act with which the State implementation plan is intended to
    comply.

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    (2) An analysis of the alternative control strategies considered
    if applicable in arriving at the recommended control strategies and
    the reasons the department or other agency selected the final
    strategy.
    (3) An analysis of the economic impact of the alternative control
    strategies and the selected strategies on the regulated community and
    local governments.
    (4) An analysis of the staff and technical resources needed by the
    department or other agency to implement the control strategy.
    (d) After the public comment period and prior to the submission to
    EPA of any State implementation plan required by the Clean Air Act
    which commits the Commonwealth to adopt air pollution control
    measures or procedures, the department shall submit a final State
    implementation plan to the board for its review together with a
    document which responds to all comments made during the public
    comment period.
    (e) These provisions shall also apply in the case of State
    implementation plans required by the Clean Air Act which are
    developed by State agencies other than the department which commit
    the Commonwealth to the adoption of air pollution control measures or
    procedures.
    (f) Subsections (c) and (d) of this section shall not apply to
    State implementation plans or portions thereof comprised of permit,
    emission offset or reasonably available control technology
    requirements for individual sources; consent orders and agreements;
    or regulations.
    (g) The requirements of this section shall not apply to state
    implementation plans submitted by a local air pollution control
    agency.
    (7.5 added July 9, 1992, P.L.460, No.95)
    Section 7.6. Advice to Department.--(a) The department shall
    consult with the Citizens Advisory Council established under section
    448 of the act of April 9, 1929 (P.L.177, No.175), known as "The
    Administrative Code of 1929," as appropriate, in the consideration of
    State implementation plans and regulations developed by the
    department and needed for the implementation of the Clean Air Act.
    Nothing in this section shall limit the council's ability to
    consider, study and review department policies and other activities
    related to the Clean Air Act implementation as provided under section
    1922-A of "The Administrative Code of 1929." This section shall not
    apply to State implementation plans or portions thereof comprised of
    permit, emission offset or reasonably available control technology
    requirements for individual sources; consent orders and agreements;
    or regulations. The requirements of this section shall not apply to
    State implementation plans submitted by a local air pollution control
    agency.
    (b) (1) The Secretary of Environmental Resources, within thirty
    (30) days after the effective date of this act, shall designate an
    air technical advisory committee. The committee shall include at
    least eleven (11) members with technical backgrounds in the control
    of air pollution from stationary or mobile sources.
    (2) The committee, at the request of the department, may be
    utilized to provide technical advice on department policies, guidance
    and regulations needed to implement the Clean Air Act.
    The committee may also request to review a department policy,
    guidance or regulation needed to implement the Clean Air Act.
    (7.6 added July 9, 1992, P.L.460, No.95)
    Compiler's Note:
    The Secretary of Environmental Resources, referred
    to in subsec. (b), was abolished by Act 18 of 1995. The functions

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    of the secretary were transferred to the Secretary of Conservation
    and Natural Resources and the Secretary of Environmental
    Protection.
    Section 7.7. Small Business Compliance Assistance Program.--(a)
    The department shall develop and implement a Small Business
    Stationary Source Technical and Environmental Compliance
    Assistance Program which shall include the following:
    (1) Adequate mechanisms for developing, collecting and
    coordinating information concerning compliance methods and
    technologies for small business stationary sources and programs to
    encourage lawful cooperation among such sources and other persons to
    further comply with this act and the Clean Air Act.
    (2) Adequate mechanisms for assisting small business stationary
    sources with pollution prevention and accidental release detection
    and prevention, including providing information concerning
    alternative technologies, process changes and products and methods of
    operation that help reduce air pollution.
    (3) A compliance assistance program for small business stationary
    sources which assists small business stationary sources in
    determining applicable requirements and in receiving permits under
    this act in a timely and efficient manner.
    (4) Adequate mechanisms to assure that small business stationary
    sources receive notice of their rights under this act and the Clean
    Air Act in such manner and form as to assure reasonably adequate time
    for such sources to evaluate compliance methods and any relevant or
    applicable proposed or final rulemaking plan, State implementation
    plan revision or program issued under this act and the Clean Air Act.
    (5) Adequate mechanisms for informing small business stationary
    sources of their obligations under this act and the Clean Air Act,
    including mechanisms for referring these sources to qualified
    auditors or, at the department's option, for providing audits of the
    operations of such sources to determine compliance with this act.
    (6) Procedures for consideration of requests from a small business
    stationary source for modification of:
    (i) any work practice or technological method of compliance; or
    (ii) the schedule of milestones for implementing such work
    practice or method of compliance preceding any applicable compliance
    date based on the technological and financial capability of any small
    business stationary sources. No modification may be granted unless it
    is in compliance with the applicable requirements of this act and the
    Clean Air Act, including the requirements of the applicable
    implementation plan. Where applicable requirements are set forth in
    Federal regulations, only modifications authorized in such
    regulations may be allowed.
    (7) Procedures for soliciting input from and exchanging information
    with the Office of Small Business ombudsman regarding compliance
    requirements for small business stationary sources.
    (8) Adequate mechanisms for the collection and dissemination of
    information to small business stationary sources, including, but not
    limited to:
    (i) Developing of small business stationary sources guidance
    manuals indicating the categories of small businesses subject to the
    requirements of this act and the Clean Air Act, specific compliance
    requirements and options, a schedule of compliance deadlines and other
    pertinent information.
    (ii) Establishment of a toll-free telephone number dedicated to
    questions involving small business stationary source
    compliance.
    (9) Procedures for assuring the confidentiality of information
    received from small business stationary sources.

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    (10) Procedures for conducting confidential, on-site consultations
    with small business stationary sources regarding applicability of
    compliance requirements.
    (b) The department shall evaluate the feasibility of contracting
    with consultants to administer all or part of the Small Business
    Stationary Source Technical and Environmental Compliance Assistance
    Program. A third-party consultant will act as a source of confidential
    support for small business if one is selected by the department. ((b)
    amended Dec. 18, 1996, P.L.1150, No.174)
    (c) The department shall consult with the Compliance Advisory
    Committee established in section 7.8 and the Office of Small Business
    Ombudsman established in section 7.9 in developing the Small Business
    Stationary Source Technical and Environmental Compliance Assistance
    Program.
    (d) The department shall provide a reasonable opportunity for
    public comment on the proposed Small Business Stationary Source
    Technical and Environmental Compliance Assistance Program.
    (e) The department is authorized to expend funds from the Clean Air
    Fund collected pursuant to subsection (a), (b) or (c) of section 6.3
    to support the development and implementation of the Small Business
    Stationary Source Technical and
    Environmental Compliance Assistance
    Program, the Office of Small Business Ombudsman and the Compliance
    Advisory Committee.
    (f) Upon petition by a source, the department may, after notice and
    opportunity for public comment, include as a small business stationary
    source for purposes of this act any stationary source which does not
    meet the definition of "small business stationary source" in section 3
    but which does not emit more than one hundred (100) tons per year of
    all regulated pollutants.
    (g) The department, in consultation with the administrator and the
    Administrator of the Small Business Administration and after providing
    notice and opportunity for public hearing, may exclude from the
    definition of "small business stationary source" in section 3 any
    category or subcategory of sources that the department determines to
    have sufficient technical and financial capabilities to meet the
    requirements of this act and the Clean Air Act without the application
    of this section.
    (h) The department may reduce any fee required under this act and
    the Clean Air Act to take into account the financial resources of
    small business stationary sources as authorized by the Clean Air Act.
    (7.7 added July 9, 1992, P.L.460, No.95)
    Compiler's Note:
    Section 2 of Act 174 of 1996, which amended subsec.
    (b), provided that Act 174 shall be retroactively applied to
    January 1, 1991, in dismissing any pending legal or administrative
    action by the Department of Environmental Protection arising from
    any activity which, by
    enactment of Act 174, is not subject to the
    provisions of Act 787.
    Section 7.8. Compliance Advisory Committee.--(a) There is hereby
    established a Compliance Advisory Committee which shall perform all
    of the following:
    (1) Provide guidance and recommendations to the department on the
    development of the Small Business Stationary Source Technical and
    Environmental Compliance Assistance Program.
    (2) Render advisory opinions concerning the effectiveness of the
    Small Business Stationary Source Technical and Environmental
    Compliance Assistance Program, difficulties encountered and
    degree and severity of enforcement.

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    (3) Make periodic reports to the administrator concerning the
    Small Business Stationary Source Technical and Environmental
    Compliance Assistance Program.
    (4) Review information for small business stationary sources to
    assure such information is understandable by the layperson.
    (5) Have the Small Business Stationary Source Technical and
    Environmental Compliance Assistance Program serve as the secretariat
    for the development and dissemination of such reports and advisory
    opinions.
    (6) Review and advise the department on rulemakings, State
    implementation plans and programs under this act and the Clean Air
    Act which affect small business stationary sources.
    (7) Make recommendations for the development of programs to assist
    compliance for small business stationary sources, including technical
    and financial assistance programs.
    (b) The committee shall consist of eleven members as follows:
    (1) Four members appointed by the Governor, three of whom shall
    not be owners or representatives of owners of small business
    stationary sources.
    (2) Four members, each of whom shall be an owner or the
    representative of an owner of a small business stationary source. Of
    these four members, one shall be appointed by each of the following:
    (i) The majority leader of the Senate.
    (ii) The minority leader of the Senate.
    (iii) The majority leader of the House of Representatives.
    (iv) The minority leader of the House of Representatives.
    (3) The Secretary of Commerce or his designee.
    (4) The Secretary of Environmental Resources or his designee.
    (5) The Small Business Ombudsman or his designee.
    (c) The terms of appointed members shall be for four (4) years.
    Vacancies shall be filled by the original appointing member for the
    remainder of the unexpired term. Initial terms of appointed members
    shall be as follows:
    (1) Of the members appointed by the Governor under clause (1) of
    subsection (b) of this section:
    (i) Two members shall be appointed for two (2) years.
    (ii) Two members shall be appointed for four (4) years.
    (2) Of the members appointed under clause (2) of subsection (b) of
    this section:
    (i) The majority leader of the Senate shall appoint one member for
    four (4) years.
    (ii) The minority leader of the Senate shall appoint one member
    for two (2) years.
    (iii) The majority leader of the House of Representatives shall
    appoint one member for three (3) years.
    (iv) The minority leader of the House of Representatives shall
    appoint one member for one (1) year.
    (7.8 added July 9, 1992, P.L.460, No.95)
    Compiler's Note:
    The Secretary of Commerce, referred to in subsec.
    (b), was renamed the Secretary of Community and Economic
    Development by Act 58 of 1996.
    Compiler's Note:
    The Secretary of Environmental Resources, referred
    to in subsec. (b), was abolished by Act 18 of 1995. The functions
    of the secretary were transferred to the Secretary of Conservation
    and Natural Resources and the Secretary of Environmental
    Protection.

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    Section 7.9. Small Business Ombudsman.--(a) There is hereby
    established an Office of Small Business Ombudsman within the
    Department of Environmental Protection for the purpose of
    serving as the confidential primary point of contact for small
    business on issues relating to compliance with this act and the Clean
    Air Act.
    (b) The Office of Small Business Ombudsman shall perform all
    functions necessary to implement the requirements of section
    507(a)(3) of the Clean Air Act. The Office of Small Business
    Ombudsman shall perform all of the following functions to the extent
    they are consistent with the guidelines developed by the
    Environmental Protection Agency:
    (1) Solicit input from small businesses regarding compliance with
    this act and the Clean Air Act and interact with organizations
    representing small businesses, including Small Business Development
    Centers, the Small Business Administration, industry and trade
    associations and other entities.
    (2) Provide guidance and recommendations to the department on the
    development of the Small Business Stationary Source Technical and
    Environmental Compliance Assistance Program.
    (3) Make recommendations to the department regarding the content
    and operation of the Small Business Stationary Source Technical and
    Environmental Compliance Assistance Program.
    (4) Collect and distribute information and materials on the
    requirements of this act and the Clean Air Act.
    (5) Report to the Small Business Stationary Source Technical and
    Environmental Compliance Assistance Program on problems and
    difficulties experienced by small businesses in complying with this
    act and the Clean Air Act.
    (6) Serve on the Compliance Advisory Committee established by
    section 7.8.
    (7) Conduct independent evaluations of all aspects of the Small
    Business Stationary Source Technical and Environmental Compliance
    Assistance Program.
    (8) Review and provide comments and recommendations to the
    Environmental Protection Agency and department regarding the
    development and implementation of regulations that impact small
    businesses.
    (9) Arrange for and assist in the preparation of guidance
    documents by the Small Business Stationary Source Technical and
    Environmental Compliance Assistance Program to ensure that the
    language is readily understandable by the layperson.
    (10) Assist small businesses in locating sources of funding for
    compliance with the requirements of this act and the Clean Air Act.
    (c) The Office of Small Business Ombudsman shall report annually
    to the Governor and General Assembly on the effectiveness of the
    Small Business Stationary Source Technical and Environmental
    Compliance Assistance Program and other issues relating to the impact
    of the Clean Air Act implementation on small businesses in the
    Commonwealth.
    (d) For each proposed rulemaking significantly affecting small
    businesses, the Office of Small Business Ombudsman shall prepare a
    report which contains a detailed analysis of the economic impact of
    such proposed rulemaking on small businesses. The economic impact
    report shall be completed no later than ninety (90) days from the
    date that the board approves the proposed rulemaking and shall be
    submitted to the board for consideration prior to approval of the
    final rulemaking package, provided the report is available within the
    time period prescribed by this section. The department shall provide
    the ombudsman with a reasonable opportunity to revise the report to

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    reflect any proposed substantial change in the rulemaking which
    affects the initial report.
    (e) The report shall include, but not be limited to:
    (1) An analysis of the economic impact of the selected control
    strategies on small business.
    (2) Data on comparable regulatory programs or plans administered
    by other states.
    (3) An assessment of the economic impact of alternative control
    strategies.
    (4) All other information that the Office of Small Business
    Ombudsman considers necessary for the board's review.
    (f) All equipment, files, records, contracts, agreements and all
    other materials and supplies which are used, employed or expended by
    the office of Small Business Ombudsman shall be transferred to the
    Department of Environmental Protection.
    (7.9 amended Dec. 18, 1996, P.L.1150, No.174)
    Compiler's Note:
    The Department of Commerce, referred to in subsec.
    (a), was renamed the Department of Community and Economic
    Development by Act 58 of 1996.
    Compiler's Note:
    Section 2 of Act 174 of 1996, which amended section
    7.9, provided that Act 174 shall be retroactively applied to
    January 1, 1991, in dismissing any pending legal or administrative
    action by the Department of Environmental Protection arising from
    any activity which, by enactment of Act 174, is not subject to the
    provisions of Act 787.
    Section 7.10. Transportation Management Associations.--(a) The
    department, in consultation with the Department of Transportation,
    may, after public notice and comment, designate one or more
    transportation management associations to serve specific regions of
    this Commonwealth to provide services to employers required by the
    Clean Air Act to reduce employee vehicle trips and encourage the use
    of carpooling, vanpooling and public transportation to reduce air
    pollution.
    (b) For purposes of this section, transportation management
    associations shall consist of nonprofit corporations designated by the
    department to broker transportation services, including, but not limited
    to, public transportation, vanpools, carpools, bicycling and pedestrian
    modes, as well as strategies such as flextime, staggered work hours and
    compressed work weeks for corporations, employees, developers, individuals
    and other groups.
    (7.10 added July 9, 1992, P.L.460, No.95)
    Section 7.11. Notice of Sanctions.--(a) Whenever the Commonwealth is
    notified that the Environmental Protection Agency has made a final or
    proposed finding on a State implementation plan submitted by the
    Commonwealth or a local air pollution control agency, the department shall
    notify, within ten (10) working days of receipt of the notice, the
    Environmental Resources and Energy Committee of the Senate and the
    Conservation Committee of the House of Representatives of the agency's
    findings.
    (b) Whenever the Commonwealth is formally notified that it is subject
    to discretionary or mandatory sanctions under section 179 of the Clean Air
    Act, the department shall, within ten (10) working days of the receipt of
    this notice, notify the Environmental Resources and Energy Committee of
    the Senate and the Conservation Committee of the House of Representatives.
    (7.11 added July 9, 1992, P.L.460, No.95)

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    Section 7.12. Missed Federal Deadlines.--Whenever the Environmental
    Protection Agency has missed a deadline for developing regulations or
    guidance on which states must rely to comply with deadlines in the Clean
    Air Act by more than ninety (90) days and, in the opinion of the
    department, the Environmental Protection Agency has failed to provide it
    with timely guidance needed to comply with the act in a timely manner, the
    department may bring a legal action against the Environmental Protection
    Agency in a court of competent jurisdiction seeking an injunction to
    restrain the Environmental Protection Agency from enforcing the applicable
    Clean Air Act deadline on the Commonwealth until and unless the
    Environmental Protection Agency develops the appropriate regulation or
    guidance which allows the Commonwealth a reasonable opportunity to comply
    with the Clean Air Act.
    (7.12 added July 9, 1992, P.L.460, No.95)
    Section 7.13. Air Quality Improvement Fund.--(7.13 repealed Nov. 17,
    1998, P.L.788, No.100)
    Section 8. Unlawful Conduct.--It shall be unlawful to fail to comply
    with or to cause or assist in the violation of any of the provisions of
    this act or the rules and regulations adopted under this act or to fail to
    comply with any order, plan approval, permit or other requirement of the
    department; or to cause a public nuisance; or to cause air pollution, soil
    or water pollution resulting from an air pollution incident; or to hinder,
    obstruct, prevent or interfere with the department or its personnel in
    their performance of any duty hereunder, including denying the department
    access to the source or facility; or to violate the provisions of 18
    Pa.C.S. § 4903 (relating to false swearing) or 4904 (relating to unsworn
    falsification to authorities) in regard to papers required to be submitted
    under this act. The owner or operator of an air contamination source shall
    not allow pollution of the air, water or other natural resources of the
    Commonwealth resulting from the source. For any air pollutant for which
    the board has set an emissions standard or for any source for which a
    permit has been issued by the department, a release of such pollutant in
    accordance with that standard or permit shall not constitute a violation
    of this act.
    (8 amended July 9, 1992, P.L.460, No.95)
    Section 9. Penalties.--(a) Any person who violates any provision of
    this act, any rule or regulation adopted under this act, any order of the
    department or any condition or term of any plan approval or permit issued
    pursuant to this act commits a summary offense and shall, upon conviction,
    be sentenced to pay a fine of not less than one hundred dollars ($100.00)
    nor more than two thousand five hundred dollars ($2,500.00) for each
    separate offense and, in default of the payment of such fine, may be
    sentenced to imprisonment for ninety (90) days for each separate offense.
    Employees of the department authorized to conduct inspections or
    investigations are hereby declared to be law enforcement officers
    authorized to issue or file citations for summary violations under this
    act, and the General Counsel is hereby authorized to prosecute these
    offenses. For purposes of this subsection, a summary offense may be
    prosecuted before any district justice in the county where the offense
    occurred. There is no Accelerated Rehabilitative Disposition authorized
    for a summary offense.
    (b) (1) Any person who willfully or negligently violates any provision
    of this act, any rule or regulation adopted under this act or any order of
    the department or any condition or term of any plan approval or permit
    issued pursuant to this act commits a misdemeanor of the second degree and
    shall, upon conviction, be sentenced to pay a fine of not less than one
    thousand dollars ($1,000.00) nor more than fifty thousand dollars
    ($50,000.00) for each separate offense or to imprisonment for a period of
    not more than two (2) years for each separate offense, or both.

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    (2) Any person who knowingly makes any false statement or
    representation in any application, record, report, certification or other
    document required to be either filed or maintained by this act or the
    regulations promulgated under this act commits a misdemeanor of the second
    degree and shall, upon conviction, be sentenced to pay a fine of not less
    than two thousand five hundred dollars ($2,500.00) nor more than fifty
    thousand dollars ($50,000.00) for each separate offense or to imprisonment
    for a period of not more than two (2) years for each separate offense, or
    both.
    (3) Any person who negligently releases into the ambient air any
    hazardous air pollutant listed under section 112 of the Clean Air Act or
    any extremely hazardous substance listed under section 302(a)(2) of the
    Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499,
    100 Stat. 1613) that is not listed in section 112 of the Clean Air Act and
    who at the time negligently places another person in imminent danger of
    death or serious bodily injury commits a misdemeanor of the third degree
    and shall, upon conviction, be sentenced to pay a fine of not less than
    five thousand dollars ($5,000.00) nor more than fifty thousand dollars
    ($50,000.00) for each separate offense or to imprisonment for a period of
    not more than one (1) year for each separate offense, or both.
    (c) (1) Any person who knowingly releases into the ambient air any
    hazardous air pollutant listed under section 112 of the Clean Air Act or
    any extremely hazardous substance listed under section 302(a)(2) of the
    Superfund Amendments and Reauthorization Act of 1986 that is not listed in
    section 112 of the Clean Air Act and who knows at the time that he thereby
    places another person in imminent danger of death or serious bodily injury
    commits a felony of the first degree and shall, upon conviction, be
    sentenced to pay a fine of not less than twenty-five thousand dollars
    ($25,000.00) nor more than one hundred thousand dollars ($100,000.00) per
    day for each violation or to imprisonment for a period of not less than
    two (2) years nor more than twenty (20) years, or both. Any person which
    is an organization committing such violation shall, upon conviction under
    this clause, be subject to a fine of not more than one million dollars
    ($1,000,000.00) per day for each violation. If a conviction of any person
    under this clause is for a violation committed after a first conviction of
    such person under this clause, the maximum punishment shall be doubled
    with respect to both the fine and imprisonment. For any air pollutant for
    which the board has set an emissions standard or for any source for which
    a permit has been issued by the department, a release of such pollutant in
    accordance with that standard or permit shall not constitute a violation
    of this section.
    (2) In determining whether a defendant who is an individual knew that
    the violation placed another person in imminent danger of death or serious
    bodily injury:
    (i) the defendant is responsible only for actual awareness or actual
    belief possessed; and
    (ii) knowledge possessed by a person other than the defendant, but not
    by the defendant, may not be attributed to the defendant, except that, in
    proving a defendant's possession of actual knowledge, circumstantial
    evidence may be used, including evidence that the defendant took
    affirmative steps to be shielded from relevant information.
    (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 charged were reasonably foreseeable
    hazards of either of the following:
    (i) An occupation, a business or a profession and the person had been
    made aware of the risks involved prior to giving consent.
    (ii) Medical treatment or medical or scientific experimentation
    conducted by professionally approved methods and such other person had
    been made aware of the risks involved prior to giving consent. The
    defendant may establish an affirmative defense under this subclause by a
    preponderance of the evidence.

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    (4) All general defenses, affirmative defenses and bars to prosecution
    that may apply with respect to other State criminal offenses may apply
    under this clause and shall be determined by the courts according to the
    principles of common law. Concepts of justification and excuse applicable
    under this section may be developed according to those principles.
    (5) For purposes of this subsection, the term "organization" means a
    legal entity, other than a government, established or organized for any
    purpose, and the term includes a corporation, a company, an association,
    a firm, a partnership, a joint stock company, a foundation, an
    institution, a trust, a society, a union or any other association of
    persons.
    (d) For purposes of subsections (b) and (c) of this section, the
    term "serious bodily injury" means bodily injury which involves a
    substantial risk of death, unconsciousness, extreme physical pain,
    protracted and obvious disfigurement or protracted loss or impairment
    of the function of a bodily member, organ or mental faculty.
    (e) For purposes of this section, the term "person" includes, in
    addition to the entities referred to in section 3, any responsible
    corporate officer.
    (f) For purposes of the provisions of subsections (b) and (c) of
    this section and section 9.1, the term "operator," as used in such
    provisions, shall include any person who is senior management
    personnel or a
    corporate officer. Except in the case of knowing and
    willful violations, such term shall not include any
    person who is a
    stationary engineer or technician responsible for the operation,
    maintenance, repair or monitoring of equipment and facilities and who
    often has supervisory and training duties, but who is not senior
    management personnel or a corporate officer. Except in the case of
    knowing and willful violations, for purposes of clause (3) of
    subsection (b) of this section, the term "a person" shall not include
    an employee who is carrying out his normal activities and who is not
    a part of senior management personnel or a corporate officer. Except
    in the case of knowing and willful violations, for the purposes of
    clauses (1) and (2) of subsection (b) and subsection (c) of this
    section, the term "a person" shall not include an employee who is
    carrying out his normal activities and who is acting under orders
    from the employer.
    (g) For purposes of this section, a person acts negligently with
    respect to a material element of an offense when he should be aware
    of a substantial and unjustifiable risk that the material element
    exists or will result from his conduct. The risk must be of such a
    nature and degree that the actor's failure to perceive it,
    considering the nature and intent of his conduct and the
    circumstances known to him, involves a gross deviation from the
    standard of care that a reasonable person would observe in the
    actor's situation.
    (9 amended July 9, 1992, P.L.460, No.95)
    Section 9.1. Civil Penalties.--(a) In addition to proceeding under
    any other remedy available at law or in equity for a violation of a
    provision of this act or any rule or regulation promulgated under
    this act or any order, plan approval or permit issued pursuant to
    this act, the department may assess a civil penalty for the
    violation. The penalty may be assessed whether or not the violation
    was willful. The civil penalty so assessed shall not exceed ten
    thousand dollars ($10,000.00) per day for each violation which occurs
    in the first three (3) years following enactment of this section,
    fifteen thousand dollars ($15,000.00) per day for each violation
    which occurs in the fourth year following enactment of this section
    and twenty-five thousand dollars ($25,000.00) per day for each
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    following enactment of this section. In determining the amount of the
    penalty, the department shall consider the willfulness of the
    violation; damage to air, soil, water or other natural resources of
    the Commonwealth or their uses; financial benefit to the person in
    consequence of the violation; deterrence of future violations; cost
    to the department; the size of the source or facility; the compliance
    history of the source; the severity and duration of the violation;
    degree of cooperation in resolving the violation; the speed with
    which compliance is ultimately achieved; whether the violation was
    voluntarily reported; other factors unique to the owners or operator
    of the source or facility; and other relevant factors.
    (b) When the department proposes to assess a civil penalty, it
    shall inform the person of the proposed amount of the penalty. The
    person charged with the penalty shall then have thirty (30) days to
    pay the proposed penalty in full, or, if the person wishes to contest
    the amount of the penalty or the fact of the violation to the extent
    not already established, the person shall forward the proposed amount
    of the penalty to the hearing board within the thirty (30) day period
    for placement in an escrow account with the State Treasurer or any
    Commonwealth bank or post an appeal bond to the hearing board within
    thirty (30) days in the amount of the proposed penalty, provided that
    such bond is executed by a surety licensed to do business in the
    Commonwealth and is satisfactory to the department. If, through
    administrative or final judicial review of the proposed penalty, it
    is determined that no violation occurred or that the amount of the
    penalty shall be reduced, the hearing board shall, within thirty (30)
    days, remit the appropriate amount to the person with any interest
    accumulated by the escrow deposit. Failure to forward the money or
    the appeal bond at the time of the appeal shall result in a waiver of
    all legal rights to contest the violation or the amount of the civil
    penalty unless the appellant alleges financial inability to prepay
    the penalty or to post the appeal bond. The hearing board shall
    conduct a hearing to consider the appellant's alleged inability to
    pay within thirty (30) days of the date of the appeal. The hearing
    board may waive the requirement to prepay the civil penalty or to
    post an appeal bond if the appellant demonstrates and the hearing
    board finds that the appellant is financially unable to pay. The
    hearing board shall issue an order within thirty (30) days of the
    date of the hearing to consider the appellant's alleged inability to
    pay. The amount assessed after administrative hearing or after waiver
    of administrative hearing shall be payable to the Commonwealth and
    shall be collectible in any manner provided by law for the collection
    of debts, including the collection of interest at the rate
    established in subsection (c) of section 6.3, which shall run from
    the date of assessment of the penalty. If any person liable to pay
    any such penalty neglects or refuses to pay the same after demand,
    the amount, together with interest and any costs that may accrue,
    shall constitute a debt of such person, as may be appropriate, to the
    Clean Air Fund. The debt shall constitute a lien on all property
    owned by said person when a notice of lien incorporating a
    description of the property of the person subject to the action is
    duly filed with the prothonotary of the court of common pleas where
    the property is located. The prothonotary shall promptly enter upon
    the civil judgment or order docket, at no cost to the department, the
    name and address of the person, as may be appropriate, and the amount
    of the lien as set forth in the notice of lien. Upon entry by the
    prothonotary, the lien shall attach to the revenues and all real and
    personal property of the person, whether or not the person is
    solvent. The notice of lien, filed pursuant to this subsection, which
    affects the property of the person shall create a lien with priority
    over all subsequent claims or liens which are filed against the
    person, but it shall not affect any valid lien, right or interest in

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    the property filed in accordance with established procedure prior to
    the filing of a notice of lien under this subsection.
    (9.1 amended July 9, 1992, P.L.460, No.95)
    Section 9.2. Disposition of Fees, Fines and Civil Penalties.--(a)
    All fines, civil penalties and fees collected under this act shall be
    paid into the Treasury of the Commonwealth in a special fund known as
    the Clean Air fund, hereby established, which, along with interest
    earned, shall be administered by the department for use in the
    elimination of air pollution. The department may establish such
    separate accounts as may be necessary or appropriate to implement the
    requirements of this act and the Clean Air Act. The board shall adopt
    rules and regulations for the management and use of the money in the
    fund.
    (b) The Clean Air Fund may be supplemented by appropriations from
    the General Assembly, the Federal, State or local government or any
    private source.
    (c) The Clean Air Fund shall not be subject to 42 Pa.C.S. Ch. 37
    Subch. C (relating to judicial computer system).
    (9.2 amended July 9, 1992, P.L.460, No.95)
    Section 9.3. Continuing Violations.--Each day of continued
    violation and each violation of any provision of this act, any rule
    or regulation adopted under this act or any order of the department
    or any condition or term of any plan approval or permit issued
    pursuant to this act shall constitute a separate offense and
    violation.
    (9.3 added July 9, 1992, P.L.460, No.95)
    Section 10. Civil Remedies.--(10 repealed July 9, 1992, P.L.460,
    No.95)
    Section 10.1. Enforcement Orders.--(a) The department may issue
    such orders as are necessary to aid in the enforcement of the
    provisions of this act. These orders shall include, but shall not be
    limited to, orders modifying, suspending, terminating or revoking any
    plan approvals or permits, orders requiring persons to cease unlawful
    activities or cease operation of a facility or air contamination
    source which, in the course of its operation, is in violation of any
    provision of this act, any rule or regulation promulgated under this
    act or plan approval or permit, order to take corrective action or to
    abate a public nuisance or an order requiring the testing, sampling
    or monitoring of any air contamination source or orders requiring
    production of information. Such an order may be issued if the
    department finds that any condition existing in or on the facility or
    source involved is causing or contributing to or is creating a danger
    of air pollution or if it finds that the permittee or any person is
    in violation of any provision of this act or of any rule, regulation
    or order of the department.
    (b) The department may, in its order, require compliance with such
    conditions as are necessary to prevent or abate air pollution or
    effect the purposes of this act.
    (c) An order issued under this section shall take effect upon
    notice, unless the order specifies otherwise. An appeal to the
    hearing board of the department's order shall not act as a
    supersedeas, provided, however, that, upon application and for cause
    shown, the hearing board may issue such a supersedeas under rules
    established by the hearing board.

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    (d) The authority of the department to issue an order under this
    section is in addition to any remedy or penalty which may be imposed
    pursuant to this act. The failure to comply with any such order is hereby
    declared to be a public nuisance.
    (10.1 added July 9, 1992, P.L.460, No.95)
    Section 10.2. Appealable Actions:--Any person aggrieved by an order or
    other administrative action of the department issued pursuant to this act
    or any person who participated in the public comment process for a plan
    approval or permit shall have the right, within thirty (30) days from
    actual or constructive notice of the action, to appeal the action to the
    hearing board in accordance with the act of July 13, 1988 (P.L.530,
    No.94), known as the Environmental Hearing Board Act, and 2 Pa.C.S. Ch. 5
    Subch. A (relating to practice and procedure of Commonwealth agencies).
    (10.2 added July 9, 1992, P.L.460, No.95)
    Section 10.3. Limitation on Action.--The provisions of any other
    statute to the contrary notwithstanding, actions for civil or criminal
    penalties under this act may be commenced at any time within a period of
    seven (7) years from the date the offense is discovered.
    (10.3 added July 9, 1992, P.L.460, No.95)
    Section 11. Powers Reserved to the Department Under Existing Laws.--
    Nothing in this act shall limit in any way whatever the powers conferred
    upon the department under laws other than this act, it being expressly
    provided that all such powers are preserved to the department and may be
    freely exercised by it. No court exercising general equitable jurisdiction
    shall be deprived of such jurisdiction even though a nuisance or condition
    detrimental to health is subject to regulation or other action by the
    board under this act.
    (11 amended July 9, 1992, P.L.460, No.95)
    Section 12. Powers Reserved to Political Subdivisions.--(a) Nothing in
    this act shall prevent counties, cities, towns, townships or boroughs from
    enacting ordinances with respect to air pollution which will not be less
    stringent than the provisions of this act, the Clean Air Act or the rules
    and regulations promulgated under either this act or the Clean Air Act.
    This act shall not be construed to repeal existing ordinances, resolutions
    or regulations of the aforementioned political subdivisions existing at
    the time of the effective date of this act, except as they may be less
    stringent than the provisions of this act, the Clean Air Act or the rules
    or regulations adopted under either this act or the Clean Air Act.
    (b) The administrative procedures for the abatement, reduction,
    prevention and control of air pollution set forth in this act shall not
    apply to any county of the first or second class of the Commonwealth which
    has and implements an air pollution control program that, at a minimum,
    meets the requirements of this act, the Clean Air Act and the rules and
    regulations promulgated under both this act and the Clean Air Act and has
    been approved by the department.
    (b.l) Provisions of this act pertaining to dust control measures shall
    not apply to portions of highways in townships of the second class where
    no businesses or residences are located.
    ((b.l) added Nov. 28, 1995, P.L.645, No.68)
    (c) (1) Whenever, either upon complaint made to or initiated by
    the department, the department finds that any person is in violation
    of air pollution control standards, or rules and regulations
    promulgated pursuant to the grant of authority made in subsection
    (b), the department shall give notification of that fact to that
    person and
    to the air pollution control agency of the county involved.

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    (2) If such violation continues to exist after said notification
    has been given, the department may take any abatement action provided
    for under the terms of this act.
    (d) Whenever the department finds that violations of this act or
    the rules and regulations promulgated under this act are so
    widespread that such violations appear to result from a failure of
    the local county control agency involved to enforce those
    requirements, the department may assume the authority to enforce this
    act in that county.
    (e) The department shall have the power to refuse approval, or to
    suspend or rescind approval, once given, to any county air pollution
    control agency if the department finds that such county agency is
    unable or unwilling to conduct an air pollution control program to
    abate or reduce air pollution problems within its jurisdiction in
    accordance with the requirements of this act, the Clean Air Act or
    the rules and regulations promulgated under both this act and the
    Clean Air Act.
    (f) Whenever the department takes action under the provisions of
    subsections (d) or (e) of this section, it shall give written
    notification to the air pollution control agency of the county
    involved and such notification shall be an appealable action.
    (g) Irrespective of subsection (b) above, and in order that the
    civil and criminal penalties and equitable remedies for air pollution
    violations shall be uniform throughout the Commonwealth, the
    penalties and remedies set forth in this act shall be the penalties
    and remedies available for enforcement of any municipal air pollution
    ordinances or regulations, and shall be available to any
    municipality, public official, or other person having standing to
    initiate proceedings for the enforcement of such municipal ordinances
    or regulations, and the amounts of the fines or civil penalties set
    forth herein shall be the amounts of the fines or civil penalties
    assessable and to be levied for violations of any municipal
    ordinances or regulations. It is hereby declared to be the purpose of
    this section to enunciate further that the purpose of this act is to
    provide additional and cumulative remedies to abate the pollution of
    the air of this Commonwealth. Any action for the assessment of civil
    penalties brought for the enforcement of a municipal air pollution
    ordinance or regulation shall be brought in accordance with the
    procedures set forth in such ordinance. Where any municipal ordinance
    or regulation does not provide a procedure for the assessment of
    civil penalties, the provisions related to assessment and collection
    of civil penalties of section 9.1 shall apply.
    (h) Nothing in this act shall affect the Municipal Planning Code
    unless required by the Clean Air Act.
    (12 amended Nov. 28, 1995, P.L.645, No.68)
    Section 12.1. Abatement of Public and Private Nuisances.--
    (repealed Oct. 26, 1972, P.L.989. No.245)
    Section 12.1a. Construction.--Nothing in this act shall be
    construed as estopping the Commonwealth, or any district attorney or
    solicitor of a municipality, from proceeding in courts of law or
    equity to abate pollutions forbidden under this act, or abate
    nuisances under existing law. It is hereby declared to be the purpose
    of this act to provide additional and cumulative remedies to abate
    the pollution of the air of this Commonwealth, and nothing contained
    in this act shall in any way abridge or alter rights of action or
    remedies now or hereafter existing in equity, or under the common law
    or statutory law, criminal or civil, nor shall any provision of this
    act, or the granting of any plan approval or permit under this act,
    or any act done by virtue of this act, be construed as estopping the
    Commonwealth, persons or municipalities, in the exercise of their

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    rights under the common law or decisional law or in equity, from
    proceeding in courts of law or equity to suppress nuisances, or to
    abate any pollution now or hereafter existing, or enforce common law
    or statutory rights. No courts of this Commonwealth having
    jurisdiction to abate public or private nuisance shall be deprived of
    such jurisdiction to abate any private or public nuisance instituted
    by any person for the reason that such nuisance constitutes air
    pollution.
    (12.1a amended July 9, 1992, P.L.460, No.95)
    Section 13. Public Nuisances.--A violation of this act or of any
    rule or regulation promulgated under this act or any order, plan
    approval or permit issued by the department
    under this act shall
    constitute a public nuisance. The department shall have the authority
    to order any person causing a public nuisance to abate the public
    nuisance. In addition, the department or any Commonwealth agency
    which undertakes to abate a public nuisance may recover the expenses
    of abatement following the process for assessment and collection of a
    civil penalty contained in section 9.1. Whenever the nuisance is
    maintained or continued contrary to this act or any rule or
    regulation promulgated under this act or any order, plan approval or
    permit, the nuisance may be abatable in the manner provided by this
    act. Any person who causes the public nuisance shall be liable for
    the cost of abatement.
    (13 amended July 9, 1992, P.L.460, No.95)
    Section 13.1. Search Warrants.--Whenever an agent or employee of
    the department, charged with the enforcement of the provisions of
    this act, has been refused access to property, or has been refused
    the right to examine any air contamination source, or air pollution
    control equipment or device, or is refused access to or examination
    of books, papers and records pertinent to any matter under
    investigation, such agent or employee may apply for a search warrant
    to any Commonwealth official authorized by the laws of the
    Commonwealth to issue the same to enable him to have access, examine
    and seize such property, air contamination source, air pollution
    control equipment or device, or books, papers and records, as the
    case may be. It shall be sufficient probable cause to issue a search
    warrant that the inspection is necessary to properly enforce the
    provisions of this act.
    (13.1 amended July 9, 1992, P.L.460, No.95)
    Section 13.2. Confidential Information.--All records, reports or
    information obtained by the department or referred to at public
    hearings under the provisions of this act shall be available to the
    public, except that upon cause shown by any person that the records,
    reports or information, or a particular portion thereof, but not
    emission data, to which the department has access under the
    provisions of this act, if made public, would divulge production or
    sales figures or methods, processes or production unique to such person
    or would otherwise tend to affect adversely the competitive position of
    such person by revealing trade secrets, including intellectual property
    rights, the department shall consider such record, report or information,
    or particular portion thereof confidential in the administration of this
    act. The department shall implement this section consistent with sections
    112(d) and 114(c) of the Clean Air Act. Nothing herein shall be construed
    to prevent disclosure of such report, record or information to Federal,
    State or local representatives as necessary for purposes of administration
    of any Federal, State or local air pollution control laws, or when
    relevant in any proceeding under this act.
    (13.2 amended July 9, 1992, P.L.460, No.95)

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    Section 13.3. Existing Rules, Regulations, Permits and Approvals.--
    (13.3 repealed July 9, 1992, P.L.460, No.95)
    Section 13.4. Public Nuisances.--(13.4 repealed July 9, 1992, P.L.460,
    No.95)
    Section 13.5. Variances.--(13.5 repealed July 9, 1992, P.L.460, No.95)
    Section 13.6. Suits to Abate Nuisances and Restrain Violations.--(a)
    Any activity or condition declared by this act to be a nuisance or which
    is otherwise in violation of this act shall be abatable in the manner
    provided by law or equity for the abatement of public nuisance. In
    addition, in order to restrain or prevent any violation of this act or the
    rules and regulations promulgated under this act or any plan approval or
    permit or orders issued by the department or to restrain the maintenance
    and threat of public nuisance, suits may be instituted in equity or at law
    in the name of the Commonwealth upon relation of the Attorney General, the
    General Counsel, the district attorney of any county or the solicitor of
    any municipality affected after notice has first been served upon the
    Attorney General of the intention of the General Counsel, district
    attorney or solicitor to so proceed. Such proceedings may be prosecuted in
    the Commonwealth Court or in the court of common pleas of the county where
    the activity has taken place, the condition exists or the public is
    affected, and, to that end, jurisdiction is hereby conferred in law and
    equity upon such courts. Except in cases of emergency where, in the
    opinion of the court, the
    exigencies of the case require immediate
    abatement of the nuisance, the court may, in its decree, fix a reasonable
    time during which the person responsible for the nuisance may make
    provision for the abatement of the same.
    (b) In cases where the circumstances require it or the public health is
    endangered, a mandatory preliminary injunction, special injunction or
    temporary restraining order may be issued upon the terms prescribed by the
    court, notice of the application therefore having been given to the
    defendant in accordance with the rules of equity practice, and, in any
    such case, the Attorney General, the General Counsel, the district
    attorney or the solicitor of any municipality shall not be required to
    give bond. In any such proceeding the court shall, upon motion of the
    Commonwealth, issue a prohibitory or mandatory preliminary injunction if
    it finds that the defendant is engaging in unlawful conduct as defined by
    this act or is engaged in conduct which is causing immediate and
    irreparable harm to the public. In addition to an injunction, the court in
    such equity proceedings may levy civil penalties in the same manner as the
    department in accordance with section 9.1.
    (c) Except as provided in subsection (d) of this section, any person
    may commence a civil action to compel compliance with this act or any
    rule, regulation, order or plan approval or permit issued pursuant to this
    act by any owner or operator alleged to be causing or contributing to a
    violation of any provision
    of this act or any rule or regulation
    promulgated under this act or any plan approval, permit or order issued by
    the department. In addition to seeking to compel compliance, any person
    may request the court to award civil penalties. The court shall use the
    factors and amounts contained in section 9.1 in awarding civil penalties
    under this subsection. Such penalties shall be paid into the Clean Air
    Fund established by section 9.2 or be used to prevent air pollution in the
    county where the violation occurred. Except where 42 Pa.C.S. (relating to
    judiciary and judicial procedure) requires otherwise, the courts of common
    pleas shall have jurisdiction of such actions. Such an action may not be
    commenced if the department has commenced and is diligently prosecuting a
    civil
    action in a Federal or State court or is in litigation before the
    hearing board to require the alleged violator to comply with this act, any
    rule or regulation promulgated under this act or any order, plan approval
    or permit
    issued pursuant to this act, but, in any such action in a

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    Federal or State court or before the hearing board, any person having or
    representing an interest which is or may be adversely affected may
    intervene as a matter of right without posting bond.
    (d) An action pursuant to subsection (c) of this section may not be
    commenced prior to sixty (60) days after the plaintiff has given notice in
    writing of the violation to the department and to any alleged violator.
    (e) The sixty (60) day notice provisions of subsection (d) of this
    section to the contrary notwithstanding, any action pursuant to subsection
    (c) of this section may be initiated immediately upon written notification
    to the department in the case where the violation or condition complained
    of constitutes an imminent threat to the health or safety of the plaintiff
    or would immediately affect a legal interest of the plaintiff.
    (f) The court, in issuing any final order in any action brought
    pursuant to subsection (c) of this section, may award costs of litigation,
    including attorney and expert witness fees, to any party whenever the
    court determines such an award is appropriate. Except as provided in
    subsection (b) of this section, the court may, if a temporary restraining
    order or preliminary injunction is sought, require the filing of a bond or
    equivalent security in accordance with the Pennsylvania Rules of Civil
    Procedure.
    (13.6 added July 9, 1992, P.L.460, No.95)
    Section 14. Severability.--The provisions of this act are severable and
    if any provision, sentence, clause, section or part thereof shall be held
    illegal, invalid, unconstitutional or inapplicable to any person or
    circumstances, such illegality, invalidity, unconstitutionality or
    inapplicability shall 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 persons and circumstances. It is
    hereby declared to be the legislative intent that this act would have been
    adopted if such illegal, invalid or unconstitutional provision, sentence,
    clause, section or part had not been included therein, and if the person
    or circumstances to which the ordinance or any part thereof is
    inapplicable had not specifically been exempted therefrom.
    Section 15. Effective Date.—This act shall take effect immediately:
    Provided, however, That the rules and regulations 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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