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Legislative Year: 2022 Change
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Bill Detail: HB22-1244

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Title Public Protections From Toxic Air Contaminants
Status Governor Signed (06/02/2022)
Bill Subjects
  • Natural Resources & Environment
House Sponsors C. Kennedy (D)
S. Gonzales-Gutierrez (D)
Senate Sponsors J. Gonzales (D)
House Committee Energy and Environment
Senate Committee State, Veterans and Military Affairs
Date Introduced 02/16/2022
Summary

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.
Beginning no later than January 1, 2024, 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 of each year, beginning on April 1, 2024,
owners and operators of major and synthetic minor sources of pollution
will submit to the division of administration (division) in the department
of public health and environment (department) an annual 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.
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 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.
On or before November 1, 2025, and at least every 5 years
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.
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.

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