35 Pa. Stat. § 4004

Current through P.A. Acts 2023-32

Section 4004 - Powers and Duties of the Department of Environmental Protection

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 non-compliance 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 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.

(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.

(18.1) Within sixty (60) days of the effective date of this clause, initiate a review and reevaluation of the State implementation plan. The review shall include alternative mechanisms to 25 Pa. Code Ch. 126 Subch. C (relating to gasoline volatility requirements) which will ensure compliance with this act. The following shall apply to the review:

(i) The department shall conduct meetings to consult with impacted organizations or entities, including gasoline refining and distribution companies, gasoline retailers, pipeline owners, impacted businesses, public utilities, local governments and other interested entities.

(ii) Within three (3) months of the effective date of this clause, the department shall provide updates to the chair and minority chair of the Environmental Resources and Energy Committee of the Senate and the chair and minority chair of the Environmental Resources and Energy Committee of the House of Representatives. The department shall, on a regular basis, provide updates to the committees.

(18.2) If a supply disruption occurs, the Governor shall submit a request to the Environmental Protection Agency to waive the requirements. As used in this clause, a "supply disruption occurs" when either of the following subclauses apply:

(i) The department learns of a supply disruption of gasoline which would comply with 25 Pa. Code Ch. 126 Subch. C in Allegheny, Armstrong, Beaver, Butler, Fayette, Washington or Westmoreland county; and the supply disruption under this subclause would reasonably qualify for a waiver of the low Reid Vapor Pressure requirements of 25 Pa. Code Ch. 126 Subch. C in accordance with section 211(c)(4)(C)(ii) and (iii) of the Clean Air Act (42 U.S.C.§ 7545(c)(4)(C)(ii) and (iii)).

(ii) Five per centum (5%) of all existing gasoline retailers in Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland Counties are unable to obtain an adequate supply of low Reid Vapor Pressure gasoline which complies with the low Reid Vapor Pressure requirements of 25 Pa. Code Ch. 126 Subch.

(18.3) Within sixty (60) days of the effective date of this clause, initiate the process of amending the State implementation plan. Upon approval of a revision which demonstrates continued compliance with Federal national ambient air quality standards through utilization of commensurate emission reductions by the Environmental Protection Agency, the board shall promulgate regulations to repeal the provisions of 25 Pa. Code Ch. 126 Subch. C (relating to gasoline volatility requirements).

(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 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.

35 P.S. § 4004

Amended by P.L. 645 2014 No. 50, § 1, eff. 5/14/2014.

Amended by P.L. 1109 2012 No. 135, § 1, eff. 7/5/2012.

1960, Jan. 8, P.L. (1959) 2119, §4. Amended 1968, June 12, P.L. 163, No. 92, §4; 1970, July 23, P.L. 606, No. 201, §1; 1972, Oct. 26, P.L. 989, No. 245, § 3, imd. effective. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1340], effective June 27, 1978. Amended 1992, July 9, P.L. 460, No. 95, § 3, imd. effective.