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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



CHAPTER 143. DISBURSEMENTS FROM THE CLEAN AIR FUND

Sec.


143.1.    General.
143.2.    Authorization for disbursement.
143.3.    Report.

Authority

   The provisions of this Chapter 143 issued under section 1920-A of The Administrative Code of 1929 (71 P.S. §  510-20); and the Air Pollution Control Act (35 P.S. § §  4001—4015), unless otherwise noted.

Source

   The provisions of this Chapter 143 adopted January 25, 1974, effective February 11, 1974, 4 Pa.B. 130, unless otherwise noted.

Cross References

   This Chapter 143 cited in 25 Pa. Code §  145.302 (relating to definitions); and 25 Pa. Code §  145.343 (relating to distribution of CO2 allowances in the air pollution reduction account).

§ 143.1. General.

 (a)  Monies paid into the Clean Air Fund may be disbursed at the discretion of the Secretary for use in the elimination of air pollution. The monies will be available for use of the Department in addition to funds otherwise available to it.

 (b)  For the purpose of this chapter, the full and normal range of activities of the Department shall be considered to contribute to the elimination of air pollution under subsection (a). Disbursement of Clean Air Fund monies may therefore be made for, but may not be limited to, the following purposes:

   (1)  Purchase and operation of equipment for the purpose of air monitoring and for the purpose of collecting and analyzing data on air quality and air contaminant emissions.

   (2)  Purchase and operation of other equipment for the purpose of laboratory analyses of air pollutants, field studies of air pollutants or their effects, enforcement of air pollution control regulations, and office and administrative support.

   (3)  Purchase of contractual services and consultation from firms or individuals with air pollution or other relevant expertise.

   (4)  Purchase of materials or services and travel necessary for personnel training and for provision of information and educational materials on air pollution to schools, colleges, institutions and citizens.

   (5)  Extraordinary costs of litigation arising out of the enforcement of the air pollution laws of the Commonwealth such as the printing of briefs and records.

   (6)  Payment, in whole or in part, of the costs of a public project necessary to abate air pollution whether or not the exclusive purpose of that project is the abatement of air pollution. For projects where multiple purposes will be served, monies from the Clean Air Fund may be used to cover that proportion of the total expense that is estimated to be attributable to abate the air pollution portion of the project.

Source

   The provisions of this §  143.1 adopted January 25, 1974, effective February 11, 1974, 4 Pa.B. 130; amended August 31, 1979, effective September 30, 1979, 9 Pa.B. 2933. Immediately preceding text appears at serial pages (17031) and (17032).

§ 143.2. Authorization for disbursement.

 The Secretary will authorize the use of monies disbursed from the Clean Air Fund, consistent with the Department’s established policies and procedures. The Secretary may authorize, in writing, the Director of the Bureau of Air Quality to make certain disbursements from the fund.

Source

   The provisions of this §  143.2 adopted January 25, 1974, effective February 11, 1974, 4 Pa.B. 130; amended August 31, 1979, effective September 30, 1979, 9 Pa.B. 2933. Immediately preceding text appears at serial page (17032).

§ 143.3. Report.

 Semiannual reports shall be filed with the Environmental Quality Board for the periods from January through June and July through December of each fiscal year summarizing the status and use of Clean Air Fund monies.

Source

   The provisions of this §  143.3 adopted January 25, 1974, effective February 11, 1974, 4 Pa.B. 130.



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