PRINTER'S NO. 2163
No. 1814 Session of 1993
INTRODUCED BY HERSHEY, B. SMITH, PITTS, MILLER, PERZEL, BARLEY,
SANTONI, REBER, LYNCH, MAITLAND, SEMMEL, BUNT, HASAY, GAMBLE,
S. H. SMITH, WAUGH, E. Z. TAYLOR, DURHAM, ARMSTRONG, TIGUE,
HUTCHINSON, TRELLO, SAURMAN, FARGO, STEIGHNER, ARGALL,
GERLACH, CALTAGIRONE, SCHEETZ, STAIRS, GRUPPO, BROWN, BAKER,
STERN, SCHULER, KING, GEIST, JAROLIN, D. W. SNYDER, GODSHALL,
TOMLINSON, HENNESSEY, DRUCE, OLASZ, ROHRER, PETRARCA,
GORDNER, LEH, CHADWICK, BUSH, STISH, DENT AND YEWCIC,
JUNE 16, 1993
REFERRED TO COMMITTEE ON CONSERVATION, JUNE 16, 1993
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 agricultural regulations prohibited.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 4.1 of the act of January 8, 1960 (1959
1 P.L.2119, No.787), known as the Air Pollution Control Act,
2 amended July 9, 1992 (P.L.460, No.95), is amended to read:
3 Section 4.1. Agricultural Regulations Prohibited.--(a)
4 Except as may be required by the Clean Air Act or the
5 regulations promulgated under the Clean Air Act, this act shall
6 not apply to the production of agricultural commodities and the
7 Environmental Quality Board shall not have the power nor the
8 authority to adopt rules and regulations relating to air
9 contaminants and air pollution arising from the production of
10 agricultural commodities [in their unmanufactured state but this
11 prohibition shall not include the use of materials produced or
12 manufactured off the premises of the farm operation].
13 (b) As used in this section, the term "production of
14 agricultural commodities" shall include, but is not limited to:
15 (1) The commercial propagation, production or harvesting or
16 the disposal of residual materials resulting from the commercial
17 propagation, production or harvesting of the following:
18 (i) Field crops, including corn, wheat, oats, rye, barley,
19 hay, potatoes and dry beans.
20 (ii) Fruits, including apples, peaches, grapes, cherries and
21 berries.
22 (iii) Vegetables, including tomatoes, snap beans, cabbage,
23 carrots, beets, onions and mushrooms.
24 (iv) Horticultural specialties, including nursery stock,
25 ornamental shrubs, ornamental trees and flowers.
26 (v) Livestock and livestock products, including cattle,
27 sheep, hogs, goats, horses, poultry, furbearing animals, milk,
28 eggs and furs.
29 (vi) Timber, wood and other wood products derived from
30 trees.
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1 (vii) Aquatic plants and animals and their byproducts.
2 (2) The commercial production, processing or storage of
3 organic material to be predominantly used in the commercial
4 propagation or production of any agricultural commodity
5 identified under clause (1), regardless of whether the material
6 is being produced, processed or stored on a different premises
7 than the premises in which the material is being used.
8 (3) The use of any material whose production, processing or
9 storage is exempt from this act under clause (2) in the
10 commercial propagation or production of any agricultural
11 commodity identified under clause (1), or any odor or malodor or
12 fugitive air emission resulting from the production, processing
13 or storage of any material so exempted.
14 Section 2. This act shall be retroactively applied to
15 January 1, 1991, in dismissing any pending legal or
16 administrative action by the Department of Environmental
17 Resources arising from any activity which, by enactment of this
18 amendatory act, is not subject to the provisions of the act.
19 Section 3. This act shall take effect immediately.
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