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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 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. 7.87 

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.450, 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 twofamily 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.added Oct. 26, 1972, P.L.989, No.245) 

 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 caseby-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 GasolineDispensing Facilities.--(a) ((a) repealed Nov. 26, 1997, P.L.530, 

No.57) 

 (b) ((b) repealed Nov. 26, 1997, P.L.530, No.57) 

 (c) ((c) repealed Nov. 26, 1997, P.L.530, No.57) 

 (d) ((d) repealed Nov. 26, 1997, P.L.530, No.57) 

 (e) ((e) repealed Nov. 26, 1997, P.L.530, No.57) 

 (f) ((f) repealed Nov. 26, 1997, P.L.530, No.57) 

 (g) ((g) repealed Nov. 26, 1997, P.L.530, No.57) 

 (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 added July 9, 1992, P.L.460, No.95) 

 

 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) 

Compiler's Note: The Department of Commerce, referred to in this section, 

was renamed the Department of Community and Economic Development by 

Act 58 of 1996. 

 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 
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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. 

 (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. 
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 (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. 

 (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 
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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 

violation which occurs in the fifth year and all subsequent years 

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 
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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 

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 
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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. 

 (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 
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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. 

 (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 July 9, 1992, P.L.460, No.95) 

 Section 12.1. 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. 

 (12.1 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.