SB 685 — 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.   674

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 685
                                               Session of
                                                 2025

     INTRODUCED BY MUTH, HAYWOOD, COMITTA AND HUGHES, APRIL 28, 2025

     REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 28, 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:
28      Section 4.    Powers and Duties of the Department of
 1   Environmental Protection.--The department shall have power and
 2   its duty shall be to--
 3      * * *
 4      (9)   * * *
 5      (iii)    Require all major facilities, as defined in 25 Pa.
 6   Code § 121.1 (relating to definitions), to develop and maintain
 7   a municipal notification plan designed to give notice to the
 8   municipality where the major facility is situated and the
 9   municipalities directly adjacent to the major facility in the
10   event of an industrial equipment breakdown or accident causing
11   air pollution, as defined in 25 Pa. Code § 121.1, that creates a
12   significant health risk to the municipality where the major
13   facility is situated and the municipalities directly adjacent to
14   the major facility. The municipal notification plan under this
15   subclause shall, at minimum:
16      (A)   Require notification to the municipality where the major
17   facility is situated and the municipalities directly adjacent to
18   the major facility as soon as possible but not later than twelve
19   hours after the breakdown or accident, unless the risk is
20   eliminated before notice is required.
21      (B)   Establish the most expeditious way to deliver notice of
22   the risk to the municipality where the major facility is
23   situated and the municipalities directly adjacent to the major
24   facility.
25      (C)   Communicate measures for community members to undertake
26   in order to mitigate the risks involved with the release of air
27   pollution, as defined in 25 Pa. Code § 121.1.
28      (D)   Require yearly updates to the plan to ensure that
29   municipal contact procedures are up to date.
30      (E)   In coordination with local air pollution control agency

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

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




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