HB 1187 — An Act amending the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act, further providing for powers and duties of the Department of Environmental Protection and for civil penalties.

PRINTER'S NO.   1336

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1187
                                               Session of
                                                 2025

     INTRODUCED BY STEELE, KHAN, CEPEDA-FREYTIZ, VITALI, CARROLL,
        PIELLI, HOHENSTEIN, PROBST, HILL-EVANS, HOWARD, BRENNAN,
        OTTEN, KENYATTA AND GREEN, APRIL 9, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, APRIL 9, 2025


                                    AN ACT
 1   Amending the act of January 8, 1960 (1959 P.L.2119, No.787),
 2      entitled "An act to provide for the better protection of the
 3      health, general welfare and property of the people of the
 4      Commonwealth by the control, abatement, reduction and
 5      prevention of the pollution of the air by smokes, dusts,
 6      fumes, gases, odors, mists, vapors, pollens and similar
 7      matter, or any combination thereof; imposing certain powers
 8      and duties on the Department of Environmental Resources, the
 9      Environmental Quality Board and the Environmental Hearing
10      Board; establishing procedures for the protection of health
11      and public safety during emergency conditions; creating a
12      stationary air contamination source permit system; providing
13      additional remedies for abating air pollution; reserving
14      powers to local political subdivisions, and defining the
15      relationship between this act and the ordinances, resolutions
16      and regulations of counties, cities, boroughs, towns and
17      townships; imposing penalties for violation of this act; and
18      providing for the power to enjoin violations of this act; and
19      conferring upon persons aggrieved certain rights and
20      remedies," further providing for powers and duties of the
21      Department of Environmental Protection and for civil
22      penalties.
23      The General Assembly of the Commonwealth of Pennsylvania
24   hereby enacts as follows:
25      Section 1.    Section 4(9) of the act of January 8, 1960 (1959
26   P.L.2119, No.787), known as the Air Pollution Control Act, is
27   amended by adding a subclause to read:
 1      Section 4.    Powers and Duties of the Department of
 2   Environmental Protection.--The department shall have power and
 3   its duty shall be to--
 4      * * *
 5      (9)   * * *
 6      (iii)    Require all major facilities, as defined in 25 Pa.
 7   Code § 121.1 (relating to definitions), to develop and maintain
 8   a municipal notification plan designed to give notice to the
 9   municipality where the major facility is situated and the
10   municipalities directly adjacent to the major facility in the
11   event of an industrial equipment breakdown or accident causing
12   air pollution, as defined in 25 Pa. Code § 121.1, that creates a
13   significant health risk to the municipality where the major
14   facility is situated and the municipalities directly adjacent to
15   the major facility. The municipal notification plan under this
16   subclause shall, at minimum:
17      (A)   Require notification to the municipality where the major
18   facility is situated and the municipalities directly adjacent to
19   the major facility as soon as possible but not later than twelve
20   hours after the breakdown or accident, unless the risk is
21   eliminated before notice is required.
22      (B)   Establish the most expeditious way to deliver notice of
23   the risk to the municipality where the major facility is
24   situated and the municipalities directly adjacent to the major
25   facility.
26      (C)   Communicate measures for community members to undertake
27   in order to mitigate the risks involved with the release of air
28   pollution, as defined in 25 Pa. Code § 121.1.
29      (D)   Require yearly updates to the plan to ensure that
30   municipal contact procedures are up to date.

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 1      (E)   In coordination with local air pollution control agency
 2   with jurisdiction over the facility, require revisions to a
 3   municipal notification plan of a major facility, as defined by
 4   25 Pa. Code § 121.1.
 5      * * *
 6      Section 2.   Section 9.1(a) of the act is amended to read:
 7      Section 9.1.   Civil Penalties.--(a)   In addition to
 8   proceeding under any other remedy available at law or in equity
 9   for a violation of a provision of this act or any rule or
10   regulation promulgated under this act or any order, plan
11   approval or permit issued pursuant to this act, the department
12   may assess a civil penalty for the violation. The penalty may be
13   assessed whether or not the violation was wilful. The civil
14   penalty so assessed shall not exceed ten thousand dollars
15   ($10,000.00) per day for each violation which occurs in the
16   first three (3) years following enactment of this section,
17   fifteen thousand dollars ($15,000.00) per day for each violation
18   which occurs in the fourth year following enactment of this
19   section [and], twenty-five thousand dollars ($25,000.00) per day
20   for each violation which occurs in the fifth year and [all
21   subsequent years following enactment of this section] thirty-
22   seven thousand five hundred dollars ($37,500.00) per day per
23   violation thereafter. In determining the amount of the penalty,
24   the department shall consider the wilfulness of the violation;
25   damage to air, soil, water or other natural resources of the
26   Commonwealth or their uses; financial benefit to the person in
27   consequence of the violation; deterrence of future violations;
28   cost to the department; the size of the source or facility; the
29   compliance history of the source; the severity and duration of
30   the violation; degree of cooperation in resolving the violation;

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1   the speed with which compliance is ultimately achieved; whether
2   the violation was voluntarily reported; other factors unique to
3   the owners or operator of the source or facility; and other
4   relevant factors.
5      * * *
6      Section 3.   This act shall take effect in 60 days.




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