§ 4004.2. Permissible actions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 4004.2
§ 4004.2. Permissible actions
(a) In implementing the requirements of section 109 of the Clean Air Act,1 the board may adopt, by regulation, only those control measures or other requirements which are reasonably required, in accordance with the Clean Air Act deadlines, to achieve and maintain the ambient air quality standards or to satisfy related Clean Air Act requirements, unless otherwise specifically authorized or required by this act or specifically required by the Clean Air Act.
(b) Control measures or other requirements adopted under subsection (a) of this section shall be no more stringent than those required by the Clean Air Act unless authorized or required by this act or specifically required by the Clean Air Act. This requirement shall not apply if the board determines that it is reasonably necessary for a control measure or other requirement to exceed minimum Clean Air Act requirements in order for the Commonwealth:
(d) In any challenge to the enforcement of regulations adopted to achieve and maintain the ambient air quality standards or to satisfy related Clean Air Act requirements, the person challenging the regulation shall have the burden to demonstrate that the control measure or other requirement or the stringency of the control measure or requirement is not reasonably required to achieve or maintain the standard or to satisfy related Clean Air Act requirements.
Credits
1960, Jan. 8, P.L. (1959) 2119, No. 787, § 4.2, added 1992, July 9, P.L. 460, No. 95, § 5, effective in 60 days.
Footnotes
42 U.S.C.A. § 7409.
35 P.S. § 4004.2, PA ST 35 P.S. § 4004.2
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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