The bill creates a new program to regulate a subset of air pollutants, referred to as "toxic air contaminants", which are defined as hazardous air pollutants, covered air toxics, and all other air pollutants that the air quality control commission (commission) designates by rule as a toxic air contaminant
based on its adverse health effects . In implementing the program, the commission has the authority to adopt rules that are more stringent than the corresponding requirements of the federal "Clean Air Act". January 1, 2024, September 30, 2030, and every 5 years thereafter, the commission will review the list of existing toxic air contaminants and determine whether to add any additional toxic air contaminants to the list.
On or before
April 1 June 30 of each year, beginning on April 1 June 30, 2024, owners and operators of major and synthetic minor certain sources of pollution will submit to the division of administration (division) in the department of public health and environment (department) an annual toxic emissions inventory report that reports the levels of criteria air pollutants and toxic air contaminants that were emitted by the source in the preceding calendar year, beginning with January 1, 2023, to December 31, 2023. The division will also conduct a study and prepare a report on the types of information available to the division regarding toxic air contaminants and, no later than December 31, 2024, may require additional types of information to be included in annual toxic emissions reports submitted for calendar year 2025 and each calendar year thereafter.
Beginning no later than January 1, 2024, the division will develop a monitoring program to determine the concentration of toxic air contaminants in the ambient air of the state. The monitoring program will establish at least 6 long-term monitoring sites
throughout covering urban and rural areas of the state. The division must provide public notice of and an opportunity to comment on the locations of the monitoring sites. No later than May 1, 2025, and by May 1 of each year thereafter, the division will provide public notice of and an opportunity to comment on the monitoring program.
On or before
November October 1, 2025, and at least every 5 years by each October 1 thereafter, the division will prepare a report summarizing the findings of the monitoring program provide public notice of and an opportunity to comment on the report, and submit the report to the general assembly. The division will also report on the need for any additional monitoring sites during the hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" prior to the 2027 legislative session. Beginning no later than July 1, 2027, the commission will identify by rule toxic air contaminants that may pose a risk of harm to public health in the state (high-risk toxic air contaminants) and adopt health-based standards and emissions limitations (airborne toxic control measures) for high-risk toxic air contaminants. On or before July 1, 2032, and at least every 5 years thereafter, the commission will review the health-based standards and airborne toxic control measures to determine if the commission should: Identify any additional high-risk toxic air contaminants; and Adjust the existing health-based standards and airborne toxic control measures. Beginning on July 1, 2027, when applying for a new or modified air pollution permit that is subject to the new source review requirements of the federal "Clean Air Act", the owner or operator of a stationary source of pollution must submit an analysis of the impacts of the stationary source's emissions of toxic air contaminants on concentrations of toxic air contaminants in the ambient air. The division may only approve the application if the division determines, based on the analysis, that the source's emissions will not contribute to an increase in concentrations in the ambient air at or in excess of a health-based standard. Beginning on July 1, 2027, to protect public health and the environment, the division may reopen any existing air pollution permits and require the owner or operator of a stationary source of pollution to submit to the division an analysis of the impacts of the stationary source's emissions of toxic air contaminants on concentrations of toxic air contaminants in the ambient air. If the division determines, based on the analysis, that the source's emissions contribute to concentrations in the ambient air at or in excess of a health-based standard, the division may require a decrease or cessation in the applicable emissions over the shortest practicable time until the emissions no longer contribute to concentrations in the ambient air at or in excess of a health-based standard. The bill also creates the toxic air contaminant scientific advisory board (advisory board) in the department. The advisory board consists of 3 voting members appointed by the executive director of the department and a nonvoting member representing the department. Each member of the advisory board shall: Be professionally active or engaged in scientific research; Be highly qualified to evaluate health effects from exposure to toxic substances; and Have expertise in pathology, oncology, epidemiology, or toxicology. The advisory board will advise the commission on identifying toxic air contaminants and high-risk toxic air contaminants, establishing and revising health-based standards for high-risk toxic air contaminants, and reviewing and revising the list of covered air toxics.
- Determine whether to identify any additional priority toxic air contaminants;
- Determine whether to revise existing health-based standards; and
- No more than 12 months after identifying any additional priority toxic air contaminants, adopt health-based standards for those toxic air contaminants.
No later than September 30, 2030, and at least once every 5 years thereafter, the commission will:
- Adopt emission control regulations for any additional priority toxic air contaminants identified by the commission; and
- Determine whether to revise existing emission control regulations.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)