Public Protections From Toxic Air Contaminants

The act 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 as a toxic air contaminant. 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". The division of administration (division) in the department of public health and environment (department) will publish an initial list of toxic air contaminants by October 1, 2022. Beginning no later than September 30, 2030, and at least every 5 years thereafter, the commission will review the list of existing toxic air contaminants and determine whether to designate any additional air pollutants as toxic air contaminants. On or before June 30 of each year, beginning on June 30, 2024, owners and operators of certain sources of pollution will submit to the division, and the division will make available to the public, an annual toxic emissions report that reports the levels of 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 for the commission on the types of information reported to the division regarding toxic air contaminants, and, no later than April 30, 2025, the commission 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 covering urban and rural areas of the state. No later than July 1, 2025, and by July 1 of each year thereafter, the division will provide public notice of and an opportunity to comment on the monitoring program. On or before October 1, 2025, and by each October 1 thereafter, the division will prepare a report summarizing the findings of the monitoring program, post the report on its website, 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. No later than April 30, 2025, the commission will identify by rule up to 5 toxic air contaminants that may pose a risk of harm to public health (priority toxic air contaminants). No later than April 30, 2026, the commission will propose health-based standards for priority toxic air contaminants for approval by the general assembly. On or before September 30, 2029, and at least once every 5 years thereafter, the commission will: Determine whether to identify any additional priority toxic air contaminants; Determine whether to propose revisions to the general assembly to any existing health-based standards; and No more than 12 months after identifying any additional priority toxic air contaminants, propose to the general assembly health-based standards for any additional priority toxic air contaminants. No later than April 30, 2026, the commission will adopt emission control regulations to reduce emissions of each priority toxic air contaminant. For new emission sources of priority toxic air contaminants, the commission will adopt more stringent emission control regulations than those adopted for existing emission sources of priority 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. No later than December 31, 2025, the division will conduct an assessment to determine the needs of the division to administer an air permitting program to regulate new, modified, and existing stationary sources that emit priority toxic air contaminants. The division will provide public notice and hold at least 2 public meetings at which members of the public have an opportunity to comment on the assessment. The division will report on the assessment during the hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" prior to the 2026 legislative session. For the 2022-2023 state fiscal year,$3,135,853 is appropriated from the general fund to the department to implement the act, of which: $73,928 is reappropriated to the department of law to provide legal services to the department; and $597,228 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services to the department.(Note: This summary applies to this bill as enacted.)