PRINTER'S NO. 1348
No. 1048 Session of 2007
INTRODUCED BY RAFFERTY, AUGUST 9, 2007
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, AUGUST 9, 2007
AN ACT 1 Amending the act of January 8, 1960 (1959 P.L.2119, No.787), 2 entitled, as amended, "An act to provide for the better 3 protection of the health, general welfare and property of the 4 people of the Commonwealth by the control, abatement, 5 reduction and prevention of the pollution of the air by 6 smokes, dusts, fumes, gases, odors, mists, vapors, pollens 7 and similar matter, or any combination thereof; imposing 8 certain powers and duties on the Department of Environmental 9 Resources, the Environmental Quality Board and the 10 Environmental Hearing Board; establishing procedures for the 11 protection of health and public safety during emergency 12 conditions; creating a stationary air contamination source 13 permit system; providing additional remedies for abating air 14 pollution; reserving powers to local political subdivisions, 15 and defining the relationship between this act and the 16 ordinances, resolutions and regulations of counties, cities, 17 boroughs, towns and townships; imposing penalties for 18 violation of this act; and providing for the power to enjoin 19 violations of this act; and conferring upon persons aggrieved 20 certain rights and remedies," further providing for 21 environmental quality board; and providing for control of 22 emissions from halogenated solvent cleaning facilities and 23 for control of trichloroethylene. 24 The General Assembly of the Commonwealth of Pennsylvania 25 hereby enacts as follows: 26 Section 1. Section 5(a) of the act of January 8, 1960 (1959 27 P.L.2119, No.787), known as the Air Pollution Control Act, is 28 amended by adding a clause to read:
1 Section 5. Environmental Quality Board.--(a) The board 2 shall have the power and its duty shall be to-- 3 * * * 4 (14) Adopt by regulation emission limitations for 5 trichloroethylene from the use of solvent cleaning machines, 6 that use only trichloroethylene, in facilities that manufacture 7 narrow tubing, that meet the emission limitation standards for a 8 halogenated hazardous air pollutant solvent as contained in 40 9 CFR Pt. 63 (relating to national air emission standards for 10 hazardous air pollutants; halogenated solvent cleaning), 11 notwithstanding the Federal regulatory exclusion for such 12 facilities. The regulations shall expire one year after the 13 effective date of this clause. 14 * * * 15 Section 2. The act is amended by adding sections to read: 16 Section 6.8. Control of Emissions from Halogenated Solvent 17 Cleaning Facilities.--(a) Notwithstanding section 6.6 or any 18 other provision of law to the contrary, a facility for the 19 manufacture of narrow tubing that utilizes a solvent cleaning 20 machine, that uses trichloroethylene as a halogenated hazardous 21 air pollutant solvent, shall comply with the general emission 22 limitation standards for a trichloroethylene only halogenated 23 hazardous air pollutant solvent as contained in 40 CFR Pt. 63 24 (relating to national air emission standards for hazardous air 25 pollutants: halogenated solvent cleaning), notwithstanding the 26 Federal regulatory exclusion for such facilities. 27 (b) This section shall expire in one year. 28 (c) As used in this section, the following words and phrases 29 shall have the meanings given to them in this subsection: 30 "Facility." A facility for the manufacture of narrow tubing. 20070S1048B1348 - 2 -
1 "Halogenated hazardous air pollutant solvent." This term 2 shall have the meaning given to it in 40 CFR Pt. 63 (relating to 3 national air emission standards for hazardous air pollutants: 4 halogenated solvent cleaning). 5 "Narrow tubing." Small diameter (mechanical and hypodermic 6 size) cold drawn metallic, seamless tubing that is manufactured 7 from stainless steel, nickel alloys, titanium and its alloys or 8 alloys of zirconium and that has a portion of the outside 9 diameter of .25 inches or less. 10 "Solvent cleaning machine." This term shall have the same 11 meaning given to it in 40 CFR Pt. 63 (relating to national air 12 emission standards for hazardous air pollutants: halogenated 13 solvent cleaning). 14 Section 6.9. Control of Trichloroethylene.--Beginning one 15 year after the effective date of this section no person may use 16 trichloroethylene in this Commonwealth. 17 Section 3. This act shall take effect in 60 days. H7L35SFL/20070S1048B1348 - 3 -