THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KASUNIC, BLAKE, BOSCOLA, COSTA, FONTANA, HUGHES, SOLOBAY, WASHINGTON, WILLIAMS AND YUDICHAK, JUNE 15, 2012

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 15, 2012  

AN ACT

Providing for indoor ice arena air quality and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1  Short title.

This act shall be known and may be cited as the Indoor Ice

Arena Air Quality Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Air contaminant."  Carbon monoxide or nitrogen dioxide.

"Air level."  A correction air level as specified in section

7(a), a notification air level as specified in section 7(b) or

an evacuation air level as specified in section 7(c).

"Air monitor."  A device, either installed in an indoor ice

arena or hand-held, that monitors in real time the concentration

of air contaminants.

"Air sample."  The result of a single measurement of an air

contaminant in an indoor ice arena.

"Board."  The Environmental Quality Board of the

Commonwealth.

"Catalytic converter."  An air pollution abatement device

that removes air contaminants from the exhaust of a combustion

resurfacing machine, either by oxidizing them into carbon

dioxide and water or by reducing them to nitrogen.

"Combustible fuel."  Any fuel or power source used to power a

combustion resurfacing machine where its use produces air

contaminants.

"Combustion resurfacing machine."  An ice resurfacing machine

that is powered by a combustible fuel.

"Department."  The Department of Environmental Protection of

the Commonwealth.

"Hearing board."  The Environmental Hearing Board of the

Commonwealth.

"Ice resurfacing machine."  A machine that is used to repair

or improve the surface of ice.

"Indoor ice arena."  A building containing an ice rink that

is either totally enclosed or has a roof and a majority of the

building sides enclosed where one or more combustion resurfacing

machines are used.

"Operator."  An operator or manager of an indoor ice arena.

"Ventilation."  Any air handling system or other system or

equipment used to maintain air quality or climate control within

an indoor ice arena.

Section 3.  Powers and duties of department.

The department shall have the following powers and duties:

(1)  Implement and enforce this act.

(2)  Enter any indoor ice arena for the purpose of

inspection or investigation to ascertain compliance or non-

compliance with this act, any rule or regulation promulgated

under this act or any order of the department. In connection

with such inspection or investigation, air samples may be

taken.

(3)  Have access to, and require the production of, the

following:

(i)  The records described in section 10.

(ii)  A current edition of the manual for maintenance

and testing for each combustion resurfacing machine of

different manufacture.

(iii)  A current edition of the manual for

calibration of each air monitor of a different

manufacture.

(4)  Issue a permit for the operation of an indoor ice

arena.

(5)  Receive and investigate complaints relating to the

air quality in an indoor ice arena.

(6)  (i)  Issue written orders to any operator for any

violations of this act. An order may require the

discontinuance of operation of an indoor ice arena where

the discontinuance of operation is necessary for public

health and safety until sufficient measures can be

implemented to reduce the concentrations of air

contaminants to a level below the correction air level.

(ii)  All department orders shall contain a statement

of the reasons for issuance and be served either

personally or by certified mail. Within 30 days after

service of any order, the person to whom the order is

issued or any other person aggrieved by the order may

file an appeal with the hearing board setting forth the

grounds relied upon with particularity.

(7)  Institute, in a court of competent jurisdiction,

proceedings to compel compliance with this act, any rule or

regulation promulgated under this act or any permit or order

of the department.

(8)  Act as the agent of the board in holding public

hearings when directed by the board.

(9)  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 and regulations promulgated under this act.

Section 4.  Powers and duties of board.

(a)  Rules and regulations.--The board shall have the power

and duty to adopt rules and regulations for the implementation

of this act to reduce the concentrations of air contaminants in

indoor ice arenas to a concentration below a correction air

level.

(b)  Notice.--Such rules and regulations shall be adopted

pursuant to the provisions of the act of July 31, 1968 (P.L.769,

No.240), referred to as the Commonwealth Documents Law, upon

such notice and after such public hearings as the board deems

appropriate.

Section 5.  Powers and duties of hearing board.

The hearing board shall have the power and its duty shall be

to hear and determine all appeals from appealable actions of the

department as defined in the act of July 13, 1988 (P.L.530,

No.94), known as the Environmental Hearing Board Act, in

accordance with the provisions of this act. Any and all action

taken by the hearing board with reference to any such appeal

shall be in the form of an adjudication, and all such action

shall be subject to the provisions of 2 Pa.C.S. (relating to

administrative law and procedure).

Section 6.  Air samples.

(a)  General rule.--An operator shall take air samples of air

contaminants in the indoor ice arena in accordance with

regulations to be established by the board regarding the manner

and the frequency of air samples.

(b)  Results.--The results of all air samples shall be

entered into the record under section 10(1)(ii).

Section 7.  Air levels.

(a)  Correction.--An air contaminant concentration that

exceeds the following shall be known as a correction air level:

(1)  A single air sample of 30 parts per million (ppm)

for carbon monoxide.

(2)  A single air sample of 0.5 parts per million (ppm)

for nitrogen dioxide.

(b)  Notification.--An air contaminant concentration that

exceeds the following shall be known as a notification air

level:

(1)  A single air sample which exceeds 60 parts per

million (ppm), or six consecutive air samples which exceed 30

parts per million (ppm), for carbon monoxide.

(2)  A single air sample which exceeds one part per

million (ppm), or six consecutive air samples which exceed

0.5 parts per million (ppm), for nitrogen dioxide.

(c)  Evacuation.--An air contaminant concentration that

exceeds the following shall be known as an evacuation air level:

(1)  A single air sample which exceeds 125 parts per

million (ppm) for carbon monoxide.

(2)  A single air sample which exceeds two parts per

million (ppm) for nitrogen dioxide.

Section 8.  Required actions.

(a)  Correction level.--If an air sample exceeds the maximum

concentrations of air contaminants established in section 7(a),

the operator shall immediately implement all of the measures

contained in paragraph (1)(i), and as soon as practicable,

implement at least one of the measures contained in paragraph

(1)(ii):

(1)  (i)  Immediately undertake appropriate actions to

increase ventilation in the indoor ice arena and continue

to ventilate the indoor ice rink until a subsequent air

sample indicates that air contaminants are below the

concentrations indicated in section 7(a).

(ii)  Take one or more air samples following the

commencement of increased ventilation under subparagraph

(i) at a maximum of 20-minute intervals and shall

continue to do so until the air samples indicate that the

concentrations of air contaminants are below the

concentrations indicated in section 7(a).

(iii)  Record the results of each air sample taken

and each action undertaken to increase ventilation under

this subparagraph.

(2)  (i)  Increase ventilation by increasing the exchange

of indoor and outdoor air.

(ii)  Warm up the combustion resurfacing machines

outside the indoor ice arena.

(iii)  Install a local exhaust system in the indoor

area where combustion resurfacing machines are warmed up

to vent the exhaust outside.

(iv)  Retune or repair each combustion resurfacing

machine and maintain a regular schedule of retuning and

repair as recommended by the manufacturer.

(v)  Reduce edging time when a combustion resurfacing

machine is used.

(vi)  Replace combustion resurfacing machines that

are used to edge the ice with combustion resurfacing

machines with lower emissions for edging.

(vii)  Install a vertical exhaust pipe on a

combustion resurfacing machine which protrudes above the

highest point of the machine.

(viii)  Install a catalytic converter on each

combustion resurfacing machine.

(ix)  Install an oxygen sensor on each combustion

resurfacing machine to regulate fuel leanness or

richness.

(x)  Reduce the resurfacing schedule to reduce the

amount of exhaust gases emitted from combustion

resurfacing machines.

(xi)  Convert existing combustion resurfacing

machines to ice resurfacing machines that operate solely

on electric power or acquire ice resurfacing machines

that operate solely on electric power as a replacement

for combustion resurfacing machines.

(xii)  Take other measures authorized in rules or

regulation by the board for the reduction of

concentrations of air contaminants below the levels

indicated in section 7(a).

(b)  Notification level.--If an air sample exceeds the

maximum concentrations of air contaminants established in

section 7(b), the operator shall perform all of the following:

(1)  Immediately implement all of the measures contained

in section 8(a)(i) and, as soon as practicable, implement at

least two of the measures contained in section 8(a)(ii).

(2)  Notify the department within 24 hours of the air

sample result or results that indicated the air contaminant

concentrations in excess of the level in section 7(b).

(c)  Evacuation level.--

(1)  If an air sample exceeds the maximum concentrations

of air contaminants established in section 7(c), the operator

shall perform all of the following:

(i)  Immediately evacuate all individuals from the

interior of the indoor ice arena.

(ii)  Notify the local fire department, as soon as

possible following the air sample result that indicated

the air contaminant concentrations exceeded the level in

section 7(c), to assist in the evacuation of the facility

and to assess the hazard.

(iii)  Immediately implement all of the measures

contained in section 8(a)(i), and as soon as practicable,

implement at least three of the measures contained in

section 8(a)(ii).

(iv)  Notify the department within two hours of the

air sample result or results that indicated the air

contaminant concentrations exceeded the level in section

7(c).

(2)  Re-occupancy of an indoor ice arena after evacuation

under paragraph (1) may only occur if all of the following

criteria are met:

(i)  Three consecutive air samples taken by the

operator within a three-hour period and pursuant to the

procedures established by regulation indicate that the

concentrations of air contaminants have decreased to a

level below the levels in section 7(a).

(ii)  An air sample taken by the fire department

indicates that the concentrations of air contaminants

have decreased to a level below the levels in section

7(a).

(iii)  No less than three measures contained in

section 8(a)(ii) shall be implemented to reduce the

concentrations of air contaminants in indoor ice arenas.

Section 9.  Maintenance and testing.

(a)  Combustion resurfacing machines.--

(1)  All combustion resurfacing machines that are used at

an indoor ice arena shall be maintained by an individual who

is trained in the maintenance of combustion resurfacing

machines. All maintenance on combustion resurfacing machines

shall be performed according to manufacturer recommendations.

(2)  All testing of combustion resurfacing machines shall

be conducted according to the recommendations of the

manufacturer of the test equipment or the manufacturer of the

combustion resurfacing machine.

(3)  The individual who conducted the maintenance or

testing for each combustion resurfacing machine shall verify

compliance with the requirements of this subsection in the

combustion resurfacing machine record.

(b)  Air monitors.--

(1)  Each air monitor that is used at an indoor ice arena

shall be calibrated monthly, or if less frequent, in

accordance with current specifications and procedures as

established by the manufacturer of the air monitor. The board

shall establish regulations on the personnel authorized to

conduct the calibration of air monitors.

(2)  Each calibration of each air monitor shall be

entered into the record under section 10(1)(iii). The

individual who conducts the calibration shall make the entry

into the air monitor record.

Section 10.  Recordkeeping.

The operator shall establish and maintain separate records

for the following:

(1)  (i)  The date, time and the results of all air

samples.

(ii)  The date, starting time and ending time for all

air levels described under section 7.

(iii)  The date, starting time and ending time for

any measure contained in section 8 that was undertaken to

address each applicable air level.

(2)  The maintenance and testing of combustion

resurfacing machines.

(3)  The calibration of each air monitor.

(4)  Any other information as required by the board in

regulation, rule or order.

Section 11.  Permits.

(a)  General rule.--After January 1, 2014, no operator shall

commence the operation of, or continue to operate, an indoor ice

arena unless the department has issued a permit to the operator

for the operation of the indoor ice arena. The permit shall be

issued for a two-year term.

(b)  Fee.--An operator seeking a permit for the continued

operation of an indoor ice arena, or a person seeking a permit

for the commencement of operation of an indoor ice arena, may

submit an application to the department on a form established by

the board. An application submitted to the department shall be

accompanied by an application fee in an amount to be established

by the board. The fee amount shall reflect the cost to

administer the act over a two-year period.

(c)  Application.--

(1)  For the initial permit application submitted by a

current operator or a person seeking a permit to commence

operation at an indoor ice arena, the department shall issue

a permit following receipt of the completed application and

the application fee from the applicant.

(2)  For all subsequent permit applications, the

department shall issue a permit to an applicant if the

department determines, following an inspection, that the

operator has complied with the following criteria:

(i)  A completed application and the application fee

are submitted to the department.

(ii)  Proper records for air samples, combustion

resurfacing machines and air monitors are maintained at

the indoor ice arena in accordance with section 10.

(iii)  Operable air monitors are retained in the

indoor ice arena and are calibrated in accordance with

regulations established by the board.

(iv)  Air samples have been taken using the air

monitors and the results are recorded in accordance with

all applicable regulations established by the board.

(v)  The air sample record indicates that the

recorded air samples for six months prior to the

inspection show that the concentrations of air

contaminants in the indoor ice arena are below the

concentrations in the notification air level.

Notwithstanding the direction for the department to issue

a permit under this subparagraph, the following shall

apply:

(A)  If the concentrations of air contaminants in

the indoor ice arena for the two years prior to the

inspection exceeded the concentrations for the

notification air level on no more than two

occurrences, the department may issue the permit, in

the discretion of the department, if the operator can

show that the corrective measures implemented

following the occurrence prevent the concentrations

from exceeding the correction air level.

(B)  If the concentrations of air contaminants in

the indoor ice arena for the two years prior to the

inspection exceeded the concentrations for the

notification air level on more than four occurrences,

or where the concentrations exceeded the

concentrations for the evacuation air level one or

more times, the department may issue the permit, in

the discretion of the department, if the operator

implemented a sufficient number of additional

corrective measures under section 8 to prevent the

concentrations of air contaminants from exceeding the

correction air level.

(vi)  Any air sample taken by the department during

an inspection indicates that the concentrations of air

contaminants in the indoor ice arena are below the

concentrations in the notification air level.

(3)  A permit issued under this subsection shall be

publicly displayed in the indoor ice arena.

(d)  Suspension.--

(1)  Immediate suspension.

(i)  The department may, without prior notice or

hearing, immediately suspend a permit and order the

indoor ice arena closed if an imminent health hazard is

determined to exist. An imminent health hazard shall be

deemed to exist if the concentrations of air contaminants

exceed the concentrations for the evacuation air level in

one or more air samples taken by the operator or the

department.

(ii)  The department shall notify the operator of a

suspension under this subsection in writing. The notice

shall:

(A)  State that the department has determined

that an imminent health hazard exists which requires

the immediate suspension of operations.

(B)  List the findings used in the determination

that an imminent health hazard exists.

(C)  State that a hearing will be held if a

written request for a hearing is filed with the

hearing board by the permit holder within 30 days of

receipt of the notice of suspension.

(iii)  The suspension shall be effective upon posting

of the notice of suspension on the premises.

(iv)  The hearing board shall hold a hearing on the

suspension after receipt of a written request for a

hearing.

(v)  The department may terminate the suspension at

any time if the reasons for the suspension no longer

exist.

(2)  Suspension with notice.

(i)  The department may, in its discretion, after

providing for notice and an opportunity to be heard,

suspend a permit if the indoor ice arena, or its

operation, does not comply with this act and its

regulations.

(ii)  Notice shall be given in writing and shall

state the violations of this act and regulations upon

which the suspension is based. The notice shall state

that the permit shall be suspended at the end of 30 days

following receipt of the notice unless a written request

for a hearing is filed with the board by the permit

holder within the ten-day period. If no request for a

hearing is filed, the permit shall be suspended for the

period of time specified in the suspension notice.

(iii)  If no hearing is requested, or if after a

hearing the decision to suspend the permit is upheld by

the board, the department shall serve a second notice on

the operator that states: the permit is suspended; the

time period for suspension; and the starting date of the

suspension. The notice shall also state that the indoor

ice arena must remain closed during the suspension period

unless the department authorizes the reopening of the

indoor ice arena. The notice under this paragraph shall

be publicly posted on the premises by the operator.

(e)  Revocation.--

(1)  The department may, in its discretion, after

providing for notice and an opportunity to be heard, revoke a

permit for any of the following:

(i)  Serious or repeated violations of any of the

requirements of this act or its regulations.

(ii)  Interference with the department in the

performance of its duties under this act.

(iii)  A criminal conviction of the permit holder

relating to the operation of the indoor ice arena.

(iv)  Maintenance or submission of any records or

documents required by this act or regulations that are

false or misleading.

(2)  Written notice of the intention to revoke a permit

shall be provided to the operator. The notice shall specify

the reasons for the revocation of the permit. The notice

shall state that the permit shall be revoked at the end of 30

days following receipt of the notice unless a written request

for a hearing is filed with the board by the permit holder

within the ten-day period. If no request for a hearing is

filed, the permit shall be revoked for the period of time

specified in the revocation notice.

(3)  If no hearing is requested, or if after a hearing,

the decision to revoke the permit is upheld by the board, the

department shall serve a second notice on the operator that

states that the permit is revoked and the effective date of

the revocation. The notice shall also state that the indoor

ice arena must be closed on the effective date of the

revocation and must remain closed unless and until the

revocation is rescinded or a new license is issued for the

indoor ice arena. The notice under this paragraph shall be

publicly posted on the premises by the operator.

Section 12.  Inspections.

(a)  General rule.--The department shall inspect each indoor

ice arena at least once every two years. The inspection shall

include the examination of the criteria for issuance of a permit

under section 11(c)(2) and any other criteria established in

regulation by the board for inspections conducted under this

subsection.

(b)  Additional inspections.--In addition to inspections

under subsection (a), the department shall inspect an indoor ice

arena upon the following:

(1)  Notice by the operator that a notification air level

or an evacuation air level has occurred in the indoor ice

arena.

(2)  Receipt of any written complaint regarding the air

quality in an indoor ice arena. Inspections under this

subsection shall include the criteria for issuance of a

permit and any other criteria established in regulation by

the board for inspections conducted under this subsection.

(c)  Air samples.--When conducting inspections, the

department shall take air samples using the department's air

monitors.

(d)  Access.--The department for purposes of inspection shall

have access at reasonable times to any indoor ice arena and

shall include access to the ice surface, access to the records,

combustion resurfacing machines, ventilation equipment and air

monitors.

Section 13.  Orders.

When one or more air samples taken in an indoor ice arena by

the operator or the department indicate that the concentrations

of air contaminants exceed the concentrations for the

notification air level, the department in its discretion may

order the operator to take one or more reasonable corrective

measures to reduce the concentrations of air contaminants in the

indoor ice arena. The board shall, whenever possible, require

the operator to implement the least expensive and simplest

corrective measures of the available alternatives that the

department determines to be effective in maintaining the

concentrations of air contaminants below the concentrations for

the correction air level. The order shall state that the

required corrective measures must be made within the time

specified by the department and that the operator has the right

to file a request for a hearing with the board not later than

the compliance date within the order.

Section 14.  Appeals.

Any person aggrieved by an order or other administrative

action of the department issued pursuant to this act shall have

the right, within 30 days from actual or constructive notice of

the action, to appeal the action to the hearing board in

accordance with the act of July 13, 1988 (P.L.530, No.94), known

as the Environmental Hearing Board Act, and 2 Pa.C.S. Ch. 5

Subch. A (relating to practice and procedure of Commonwealth

agencies).

Section 15.  Penalties.

(a)  Summary offense.--Any person who violates any provision

of this act, any rule or regulation adopted under this act, any

order of the department or any condition or term of any permit

issued pursuant to this act commits a summary offense and shall,

upon conviction, be sentenced to pay a fine of not less than

$100 nor more than $1,000 for each separate offense and, in

default of the payment of such fine, may be sentenced to

imprisonment for 90 days for each separate offense.

(b)  Misdemeanor of the third degree.--

(1)  Any person who willfully or negligently violates any

provision of this act, any rule or regulation adopted under

this act, any order of the department or any condition or

term of any plan approval or permit issued pursuant to this

act commits a misdemeanor of the third degree and shall, upon

conviction, be sentenced to pay a fine of not less than

$1,000 nor more than $25,000 for each separate offense or to

imprisonment for a period of not more than one year for each

separate offense, or both.

(2)  Any person who knowingly makes any false statement

or representation in any application, record, report,

certification or other document required to be either filed

or maintained by this act or the regulations promulgated

under this act commits a misdemeanor of the second degree and

shall, upon conviction, be sentenced to pay a fine of not

less than $2,500 nor more than $50,000 for each separate

offense or to imprisonment for a period of not more than two

years for each separate offense, or both.

Section 16.  Report.

(a)  General rule.--By January 1, 2015, the department shall

prepare and submit a report to the Governor, the chairman and

minority chairman of the Environmental Resources and Energy

Committee of the Senate and the chairman and the minority

chairman of the Environmental Resources and Energy Committee of

the House of Representatives.

(b)  Report details.--The report shall include the following

information regarding the indoor air quality in indoor ice

arenas:

(1)  The number of onsite inspections of indoor ice

arenas made by the department.

(2)  The total number of violations of indoor air quality

standards, reporting requirements or other requirements by

indoor ice arenas and the number of violations grouped by the

type of violation.

(3)  The total number of enforcement actions taken

against violations included under paragraph (2) or other

actions taken to turn violations into compliance.

(4)  The number of permits the department refused to

issue due to insufficient documentation of maintenance of

acceptable air quality standards.

(5)  The number of permits suspended, revoked or

reinstated by the department due to violations of air quality

regulations.

(6)  The number of indoor ice arenas that failed to

maintain a record of air samples as required by regulation.

(7)  Any other information deemed relevant by the

department.

Section 17.  Regulations.

The board shall promulgate rules and regulations necessary

for the implementation of this act within 180 days of the

effective date of this act.

Section 18.  Effective date.

This act shall take effect immediately.