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Bill Detail: HB20-1265

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Title Increase Public Protection Air Toxics Emissions
Status Governor Signed (07/02/2020)
Bill Subjects
  • Natural Resources & Environment
House Sponsors A. Benavidez (D)
A. Valdez (D)
Senate Sponsors D. Moreno (D)
J. Gonzales (D)
House Committee Energy and Environment
Senate Committee Finance
Date Introduced 02/03/2020

The bill creates a new program to regulate emissions of a subset
of hazardous air pollutants, referred to as covered air toxics, which are
defined as hydrogen cyanide, hydrogen fluoride, hydrogen sulfide,
benzene, and other hazardous air pollutants specified by the air quality
control commission by rule. A stationary source of air pollutants that
reported in its federal toxics release inventory filing at least one of the

following amounts of a covered air toxic in one year is defined as a
covered facility:
  • For hydrogen cyanide, 10,000 pounds;
  • For hydrogen fluoride, 10,000 pounds;
  • For hydrogen sulfide, 5,000 pounds; and
  • For benzene, 1,000 pounds.
At least every 5 years beginning in 2026, the commission will
review the best available science and adjust, as necessary to protect public
health, the list of covered air toxics and their associated emission levels.
The commission will:
  • Regulate covered air toxics more strictly than is required by
the federal clean air act;
  • Require covered facilities to monitor their emissions of
covered air toxics;
  • Set health-based emission limits for covered air toxics if no
such limit exists under state or federal law; and
  • Establish a real-time community alert system for
incidents, which are unauthorized emissions of an air
pollutant from a covered facility.
The division of administration in the department of public health
and environment will:
  • Consider and prevent adverse cumulative impacts from
covered facilities' emissions of hazardous air pollutants
when processing air pollution permits for covered facilities
that are located in or near disproportionately impacted
communities, as determined by the commission by rule;
  • Approve a new or amended permit for a covered facility
only if there is no net increase in the adverse cumulative
impacts of hazardous air pollutant emissions above existing
levels in each disproportionately impacted community
affected by the emissions; and
  • If existing emissions of hazardous air pollutants exceed the
health-based emission limits or have unacceptable adverse
cumulative impacts on any disproportionately impacted
community, require a decrease or cessation in the
applicable emissions over the shortest practicable time until
the emissions comply with the health-based emission limits
and no longer have unacceptable adverse cumulative
impacts on any disproportionately impacted community.
Covered facilities will:
  • Monitor their covered air toxics emissions and make the
monitoring data widely available, including to the public;
  • Promptly disseminate information regarding an incident
pursuant to the commission's real-time community alert
system to the public, affected local governments and other
community entities, and local emergency planning and
response organizations.
The bill specifies violations for a covered facility that is covered
by specified federal regulations based on the unauthorized emission of an
air pollutant from a flare or pressure relief device and any uncontrolled
atmospheric release of an air pollutant from an organic hazardous air
pollutant pressure relief device. The commission will review its rules for
these facilities and specifically consider adopting more stringent
provisions, including:
  • A requirement that leak detection and repair inspections
occur at these facilities on, at a minimum, a semiannual
basis or that an alternative approved instrument monitoring
method is in place pursuant to existing rules; and
  • Reductions in fugitive emissions from equipment leaks and
wastewater at these facilities.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (08/17/2020) (most recent)  
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