THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY AND BOSCOLA, APRIL 1, 2009

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 1, 2009  

AN ACT

Amending the act of January 8, 1960 (1959 P.L.2119, No.787),

entitled, as amended, "An act to provide for the better

protection of the health, general welfare and property of the

people of the Commonwealth by the control, abatement,

reduction and prevention of the pollution of the air by

smokes, dusts, fumes, gases, odors, mists, vapors, pollens

and similar matter, or any combination thereof; imposing

certain powers and duties on the Department of Environmental

Resources, the Environmental Quality Board and the

Environmental Hearing Board; establishing procedures for the

protection of health and public safety during emergency

conditions; creating a stationary air contamination source

permit system; providing additional remedies for abating air

pollution; reserving powers to local political subdivisions,

and defining the relationship between this act and the

ordinances, resolutions and regulations of counties, cities,

boroughs, towns and townships; imposing penalties for

violation of this act; and providing for the power to enjoin

violations of this act; and conferring upon persons aggrieved

certain rights and remedies," further providing for

environmental quality board; and providing for control of

emissions from halogenated solvent cleaning facilities and

for control of trichloroethylene.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5(a) of the act of January 8, 1960 (1959

P.L.2119, No.787), known as the Air Pollution Control Act, is

amended by adding a clause to read:

Section 5.  Environmental Quality Board.--(a)  The board

shall have the power and its duty shall be to--

* * *

(14)  Adopt by regulation emission limitations for

trichloroethylene from the use of solvent cleaning machines,

that use only trichloroethylene, in facilities that manufacture

narrow tubing, that meet the emission limitation standards for a

halogenated hazardous air pollutant solvent as contained in 40

CFR Pt. 63 (relating to national emission standards for

hazardous air pollutants for source categories), notwithstanding

the Federal regulatory exclusion for such facilities. The

regulations shall expire one year after the effective date of

this clause.

* * *

Section 2.  The act is amended by adding sections to read:

Section 6.8.  Control of Emissions from Halogenated Solvent

Cleaning Facilities.--(a)  Notwithstanding section 6.6 or any

other provision of law to the contrary, a facility for the

manufacture of narrow tubing that utilizes a solvent cleaning

machine, that uses trichloroethylene as a halogenated hazardous

air pollutant solvent, shall comply with the general emission

limitation standards for a trichloroethylene only halogenated

hazardous air pollutant solvent as contained in 40 CFR Pt. 63

(relating to national emission standards for hazardous air

pollutants for source categories), notwithstanding the Federal

regulatory exclusion for such facilities.

(b)  This section shall expire in one year.

(c)  As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Facility."  A facility for the manufacture of narrow tubing.

"Halogenated hazardous air pollutant solvent."  This term

shall have the meaning given to it in 40 CFR § 63.461 (relating

to definitions).

"Narrow tubing."  Small diameter (mechanical and hypodermic

size) cold drawn metallic, seamless tubing that is manufactured

from stainless steel, nickel alloys, titanium and its alloys or

alloys of zirconium and that has a portion of the outside

diameter of .25 inches or less.

"Solvent cleaning machine."  This term shall have the same

meaning given to it in 40 CFR § 63.641 (relating to

definitions).

Section 6.9.  Control of Trichloroethylene.--Beginning one

year after the effective date of this section no person may use

trichloroethylene in this Commonwealth.

Section 3.  This act shall take effect in 60 days.