Pennsylvania Act 1972-20 — UNIFORM INTERSTATE AIR POLLUTION AGREEMENTS ACT

Act text

UNIFORM INTERSTATE AIR POLLUTION AGREEMENTS ACT
                  Act of Feb. 17, 1972, P.L. 64, No. 20               Cl. 35
                                  AN ACT

     Providing for interstate air pollution agreements.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Declaration of Policy.--It is the policy of this
     State to cooperate with other states sharing airsheds with this
     State.  It is recognized that the quality of regional air masses
     is affected by sources of air contamination anywhere within an
     airshed, and that interstate concentrations of population,
     industry, motor vehicles, and other factors make coordination of
     air pollution control activities on a regional basis highly
     desirable. In order to promote this coordination, it is the
     policy of this State to administer its air pollution control
     programs with due regard for the quality of air masses moving
     between or among this State and one or more other states. It is
     further the policy of this State to provide for the development
     of recommendations concerning standards of air quality and their
     implementation applicable in interstate airsheds or regions
     through activities carried on under interstate administrative
     agreements, and for this State to give full consideration to
     these recommendations.
        Section 2.  Short Title.--This act shall be known and may be
     cited as the "Uniform Interstate Air Pollution Agreements Act."
        Section 3.  Agreements Authorized.--(a)  The Department of
     Environmental Resources of the Commonwealth of Pennsylvania may
     make one or more administrative agreements for cooperation and
     coordination of efforts to control air pollution with State and
     local authorities of other states affected by airsheds or
     regional air masses lying partly within another state or states,
     or moving between or among this State and another state or
     states. In addition to the Department of Environmental
     Resources, Regional Air Pollution Control Associations,
     counties, cities, boroughs, unincorporated towns and townships
     having responsibilities relating to air quality may be parties
     to, or otherwise participate in, the administrative agreements
     authorized hereby.
        (b)  Administrative agreements made pursuant to this act may
     contain or provide for any one or more of the following:
        (1)  The development and revision of plans for the
     complementary and coordinated administration of air pollution
     control programs by each of the participating governments or
     agencies on an airshed or regional basis.
        (2)  Consultation concerning technical and other problems
     relating to the maintenance and improvement of air quality in
     the area covered by the agreement.
        (3)  Employment of staff as may be necessary to facilitate
     the proper functioning of the agreement, and the performance by
     the staff of functions designed to assist the participants in
     the agreement in interstate or regional aspects of air pollution
     control and related activities.
        (4)  Establishment and maintenance of an office to facilitate
     the administration of this agreement.
        (5)  The contributions and formulae for distribution of
     support by the participating governments and agencies to the
     financial support of activities under the agreement.
        (6)  The securing of technical and other contract services.
        (7)  The development of recommendations concerning standards
     of air quality and their implementation.
        (8)  Any other necessary and incidental matters.
        Section 4.  Interjurisdictional Air Contamination.--
     Prevailing wind currents or other factors which disperse air
     contaminants discharged within one jurisdiction to other
     jurisdictions within or without this State shall not affect
     State or local authorities taking action to monitor, reduce or
     abate such contamination. This action shall be taken in
     accordance with the laws of the jurisdiction where the discharge
     occurs.
        Section 5.  Limitations.--(a)  No agreement made pursuant to
     this act shall provide for, or permit the exercise of,
     regulatory powers or functions by any person or agencies other
     than the separately constituted officials and agencies charged
     with the administration of the several air pollution control
     programs of the participating states, local governments, or
     State or local agencies. All regulatory activities shall be
     carried on by the duly constituted agencies and officers of the
     separate jurisdictions and the laws administered shall be only
     those of the separate jurisdictions.
        (b)  No funds shall be expended to administer an agreement
     made pursuant to this act prior to their having been made
     available by appropriation or other allocation from the
     participating governments or agencies, or otherwise made
     available by grant or gift.
        (c)  No instrumentality established or maintained pursuant to
     an agreement shall pledge the credit of this State or any of its
     subdivisions.
        Section 6.  Confidential Information.--Agencies and officers
     of this State and its political subdivisions may disclose
     information to persons employed or otherwise acting pursuant to
     an agreement made under this act. Any disclosure shall be
     subject to the same requirements of confidentiality as are
     imposed by law on the disclosing agencies or officers. Laws
     relating to trade secrets and other information required to be
     kept confidential shall be fully applicable to all employes and
     other persons with respect to any information obtained in this
     State or from sources in this State.
        Section 7.  Effective Date.--This act shall take effect
     immediately.