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.

Summary

Increase Fines for Major Facilities Air Pollution Episodes and Municipal Notification Requirement

Bill Text

• Printer's No. 0674 View text Current

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill enhances existing air pollution control regulations by establishing new municipal notification requirements for major facilities and increasing civil penalties for violations.

• Section 4(9)

  Require all major facilities, as defined in 25 Pa. Code § 121.1 (relating to definitions), to develop and maintain a municipal notification plan designed to give notice to the municipality where the major facility is situated and the municipalities directly adjacent to the major facility in the event of an industrial equipment breakdown or accident causing air pollution, as defined in 25 Pa. Code § 121.1, that creates a significant health risk to the municipality where the major facility is situated and the municipalities directly adjacent to the major facility. The municipal notification plan under this subclause shall, at minimum: (A) Require notification to the municipality where the major facility is situated and the municipalities directly adjacent to the major facility as soon as possible but not later than twelve hours after the breakdown or accident, unless the risk is eliminated before notice is required. (B) Establish the most expeditious way to deliver notice of the risk to the municipality where the major facility is situated and the municipalities directly adjacent to the major facility. (C) Communicate measures for community members to undertake in order to mitigate the risks involved with the release of air pollution, as defined in 25 Pa. Code § 121.1. (D) Require yearly updates to the plan to ensure that municipal contact procedures are up to date. (E) In coordination with local air pollution control agency with jurisdiction over the facility, require revisions to a municipal notification plan of a major facility, as defined by 25 Pa. Code § 121.1.

  This change mandates major facilities to notify local municipalities during air pollution incidents and ensures that the plans are regularly updated and communicated effectively.

• Section 9.1(a)

  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] → fifteen thousand dollars ($15,000.00) per day for each violation which occurs in the fourth year following enactment of this section, twenty-five thousand dollars ($25,000.00) per day for each violation which occurs in the fifth year and thirty-seven thousand five hundred dollars ($37,500.00) per day for each violation thereafter.

  This change increases the maximum civil penalties for violations of the air pollution control act after the initial three years.

Action History

1. April 28, 2025

   Referred to ENVIRONMENTAL RESOURCES AND ENERGY, April 28, 2025

Sponsors

• Katie J. Muth · Primary
• Carolyn T. Comitta · Cosponsor
• Vincent J. Hughes · Cosponsor
• Wayne D. Fontana · Cosponsor
• Nikil Saval · Cosponsor
• Art Haywood · Cosponsor

Subjects