Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0552.01 Sarah Lozano x3858
HOUSE BILL 22-1244
House Committees Senate Committees
Energy & Environment State, Veterans, & Military Affairs
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCRE ASE PUBLIC PROTECTION FROM101
TOXIC AIR
CONTAMINANTS, AND, IN CONNECTION THEREWITH,102
MAKING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
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
SENATE
Amended 2nd Reading
May 10, 2022
HOUSE
3rd Reading Unamended
May 6, 2022
HOUSE
Amended 2nd Reading
May 5, 2022
HOUSE SPONSORSHIP
Kennedy and Gonzales-Gutierrez, Amabile, Bacon, Benavidez, Bernett, Boesenecker,
Caraveo, Cutter, Exum, Froelich, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick,
Michaelson Jenet, Ricks, Sirota, Tipper, Titone, Valdez A., Weissman, Woodrow
SENATE SPONSORSHIP
Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. 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
1244
-2- 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) Public health, safety, and welfare are endangered by the4
emission of toxic air contaminants into the ambient air;5
(b) Coloradans are exposed to a multitude of toxic air6
contaminants from numerous sources
and background levels in the7
ambient air that may act cumulatively to produce adverse impacts to8
public health, and these impacts must be taken into account when9
regulating toxic air contaminants;10
1244-3- (c) The identification and regulation of toxic air contaminants1
should utilize the best-available scientific evidence gathered from the2
public, private industry, the scientific community, and global, federal,3
state, and local agencies;4
(d) Emissions of toxic air contaminants should be monitored and5
controlled to levels that avoid, minimize, or mitigate harm to public6
health and the environment; and7
(e) While there are federal and state programs in Colorado to8
control air pollutants subject to the national ambient air quality standards,9
there are no federal or state programs in Colorado to establish10
health-based ambient air quality standards for toxic air contaminants.11
(2) The general assembly further finds and declares that it is the12
policy of the state to:13
(a) Prioritize and protect the health and well-being of all14
Coloradans, with a particular focus on sensitive and vulnerable groups,15
such as children, infants, fetuses, the elderly, people with disabilities, and16
people in disproportionately impacted communities;17
(b) Analyze public health risks from toxic air contaminant18
emissions from sources based on verified science and reporting of19
emissions data, including consideration of background levels in the20
ambient air;21
(c) Consider regulations of toxic air contaminants in other states22
and jurisdictions in developing state regulations;23
(d) Use a science-based, consistent, and transparent process for24
communicating and addressing risks from emissions of toxic air25
contaminants; and26
(e) Meaningfully reduce exposure to toxic air contaminant27
1244
-4- emissions through state regulation.1
(3) The general assembly therefore declares that the state should2
control and reduce the emissions of toxic air contaminants through the3
identification of toxic air contaminants, the reporting of emissions data,4
and the setting of protective health-based standards and effective 5
emission control regulations.6
SECTION 2. In Colorado Revised Statutes, 25-7-103, amend7
(11) introductory portion and (11)(a) as follows:8
25-7-103. Definitions. As used in this article 7, unless the context9
otherwise requires:10
(11) "Emission control regulation" means and includes any11
standard promulgated by regulation which THAT is applicable to all air12
pollution sources within a specified area and which THAT prohibits or13
establishes permissible limits for specific types of emissions in such area;14
and also any regulation which THAT by its terms is applicable to a15
specified type of facility, process, or activity for the purpose of16
controlling the extent, degree, or nature of pollution emitted from such17
type of facility, process, or activity; any regulation adopted for the18
purpose of preventing or minimizing emission of any air pollutant in19
potentially dangerous quantities; and also any regulation that adopts any20
design, equipment, work practice, or operational standard. Emission21
control regulations shall not include standards which THAT describe22
maximum ambient air concentrations of specifically identified pollutants23
or which THAT describe varying degrees of pollution of ambient air.24
Emission control regulations pertaining to hazardous air pollutants, as25
defined in subsection (13) of this section, AND TOXIC AIR CONTAMINANTS26
DESIGNATED PURSUANT TO SECTION 25-7-109.5, shall be consistent with27
1244
-5- the emission standards promulgated under section 112 of the federal act1
or section SECTIONS 25-7-109.3 OR 25-7-109.5 in reducing or preventing2
emissions of hazardous air pollutants and may include application of3
measures, processes, methods, systems, or techniques, including, but not4
limited to, measures which THAT:5
(a) Reduce the volume of, or eliminate emissions of, such6
pollutants through process changes, EMISSIONS LIMITATIONS, CONTROL7
TECHNOLOGIES, substitution of materials, or other modifications;8
SECTION 3. In Colorado Revised Statutes, 25-7-109, amend9
(2)(c) and (2)(h) as follows:10
25-7-109. Commission to promulgate emission control11
regulations. (2) Such emission control regulations may include, but shall12
not be limited to, regulations pertaining to:13
(c) Sulfur oxides, sulfuric acids, ORGANIC SULFIDES, hydrogen14
sulfide, nitrogen oxides, carbon oxides, hydrocarbons, fluorides, and any15
other chemical substance;16
(h) Hazardous air pollutants AND TOXIC AIR CONTAMINANTS, AS17
DEFINED IN SECTION 25-7-109.5 (1)(i).18
SECTION 4. In Colorado Revised Statutes, add 25-7-109.5 as19
follows:20
25-7-109.5. Toxic air contaminants - annual toxic emissions21
reporting program - monitoring program - health-based standards22
- emission control regulations - air toxics permitting program23
assessment - rules - definitions. (1) Definitions. A S USED IN THIS24
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :25
26
(a) "ADVERSE HEALTH EFFECTS " MEANS THE DETRIMENTAL27
1244
-6- HEALTH EFFECTS FROM EXPOSURE TO EMISSIONS OF A TOXIC AIR1
CONTAMINANT, INCLUDING THE CUMULATIVE EFFECTS TO HEALTH2
FROM EXPOSURE TO THE COMBINED AIR EMISSIONS OF THE TOXIC AIR3
CONTAMINANT FROM MULTIPLE SOURCES , WHETHER THE EMISSIONS ARE4
EMITTED ROUTINELY, INTERMITTENTLY, OR ACCIDENTALLY.5
6
(b) "COMMUNITY-LED MONITORING PROGRAMS " MEANS AIR7
MONITORING AND DATA COLLECTION , CONCERNING CONCENTRATIONS OF8
TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR , CONDUCTED BY LOCAL9
GOVERNMENTS, NONGOVERNMENTAL ORGANIZATIONS , OR COMMUNITY10
GROUPS THAT IS AT LEAST AS STRINGENT AS THE SECOND EDITION OF THE11
FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "COMPENDIUM OF12
M
ETHODS FROM THE DETERMINATION OF TOXIC ORGANIC COMPOUNDS13
IN AMBIENT AIR".14 15
(c) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH16
AND ENVIRONMENT.17
(d) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE18
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).19
20
(e) "HEALTH-BASED STANDARDS" MEANS THE CHRONIC EXPOSURE21
LIMITS FOR EACH PRIORITY TOXIC AIR CONTAMINANT REQUIRED TO22
PROTECT THE PUBLIC FROM ADVERSE HEALTH EFFECTS OF THAT PRIORITY23
TOXIC AIR CONTAMINANT, ALLOWING FOR AN AMPLE MARGIN OF SAFETY ,24
REPRESENTED AS BENCHMARK NUMERICAL CONCENTRATIONS IN THE25
AMBIENT AIR.26
27
1244
-7- (f) "PRIORITY TOXIC AIR CONTAMINANT" MEANS, AS DETERMINED1
BY THE COMMISSION BY RULE UNDER SUBSECTION (6)(a)(I) OF THIS2
SECTION, A TOXIC AIR CONTAMINANT THAT MAY POSE A RISK OF HARM TO3
PUBLIC HEALTH.4
(g) (I) "SCIENTIFIC COMMUNITY" MEANS INDIVIDUALS WHO5
ARE PROFESSIONALLY OR ACADEMICALLY ENGAGED IN SCIENTIFIC6
RESEARCH ABOUT ADVERSE HEALTH EFFECTS FROM EXPOSURE TO TOXIC7
SUBSTANCES AND HAVE EXPERTISE IN FIELDS THAT INCLUDE PATHOLOGY,8
ONCOLOGY, EPIDEMIOLOGY, OR TOXICOLOGY.9
(II) "SCIENTIFIC COMMUNITY" INCLUDES INDIVIDUALS WITH10
EXPERIENCE IN THE FIELDS OF ATMOSPHERIC PHYSICS, METEOROLOGY, OR11
AMBIENT MONITORING OR EXPERIENCE ASSESSING THE IMPACTS OF12
EMISSIONS OF TOXIC AIR CONTAMINANTS ON CONCENTRATIONS IN THE13
AMBIENT AIR.14
(h) "SYNTHETIC MINOR SOURCE " HAS THE MEANING SET FORTH IN15
SECTION 25-7-114 (6).16
(i) "TOXIC AIR CONTAMINANT" MEANS:17
(I) A
HAZARDOUS AIR POLLUTANT;18
(II) A
COVERED AIR TOXIC, AS DEFINED IN SECTION 25-7-14119
(2)(b);
OR20
(III) A
NY OTHER AIR POLLUTANT THAT THE COMMISSION21
DESIGNATES AS A TOXIC AIR CONTAMINANT PURS UANT TO SUBSECTION
(3)22
OF THIS SECTION.23
(2) Rules. (a) T
HE COMMISSION SHALL PROMULGATE RULES THAT24
ARE NECESSARY FOR THE PROPER IMPLEMENTATION AND ADMINISTRATION25 OF THIS SECTION.26
(b) N
OTWITHSTANDING ANY
LIMITATION IN THIS ARTICLE 7 TO THE27
1244
-8- CONTRARY, THE COMMISSION MAY ADOPT RULES UNDER THIS SECTION1
THAT ARE MORE STRINGENT THAN THE CORRESPONDING REQUIREMENTS2
OF THE FEDERAL ACT AND THE REGULATIONS ADOPTED PURSUANT TO THE3
FEDERAL ACT.4
5
6
(3) Review of the list of toxic air contaminants - rules. (a) THE7
DIVISION SHALL PUBLISH AN INITIAL LIST OF THE TOXIC AIR8
CONTAMINANTS DESIGNATED PURSUANT TO SUBSECTIONS (1)(i)(I) AND9
(1)(i)(II) OF THIS SECTION BY OCTOBER 1, 2022.10
(b) B
EGINNING NO LATER THAN
SEPTEMBER 30, 2030, AND EVERY11
FIVE YEARS THEREAFTER, OR MORE FREQUENTLY IF THE COMMISSION12
DEEMS IT APPROPRIATE TO DO SO, THE COMMISSION SHALL, PURSUANT TO13
SUBSECTION (1)(i)(III) OF THIS SECTION, REVIEW THE LIST OF TOXIC AIR14
CONTAMINANTS AND DETERMINE WHETHER TO DESIGNATE ANY15
ADDITIONAL AIR POLLUTANTS AS TOXIC AIR CONTAMINANTS .16
(c) T
HE COMMISSION MAY DETERMINE THAT AN
EXPEDITED17
REVIEW IS APPROPRIATE BASED ON A REQUEST OF ANY PERSON IF , AS PART18
OF THE REQUEST, THE PERSON DEMONSTRATES TO THE COMMISSION 'S19
SATISFACTION THAT NEW OR UPDATED SCIENTIFIC DATA RELATED TO THE20
ADVERSE EFFECTS OF AN AIR POLLUTANT WARRANTS EXPEDITED21
CONSIDERATION FOR DESIGNATION AS A TOXIC AIR CONTAMINANT. IF THE22
COMMISSION UNDERTAKES AN EXPEDITED CONSIDERATION OF AN AIR23
POLLUTANT FOR DESIGNATION AS A TOXIC AIR CONTAMINANT , THE24
COMMISSION'S NEXT REVIEW OF ADDITIONAL AIR POLLUTANTS MUST TAKE25
PLACE NO LATER THAN FIVE YEARS AFTER THE EXPEDITED26
CONSIDERATION.27
1244
-9- (d) IN DETERMINING WHETHER ANY AIR POLLUTANT SHOULD BE1
DESIGNATED BY THE COMMISSION AS A TOXIC AIR CONTAMINANT , THE2
COMMISSION SHALL CONSIDER : 3
(I) INPUT FROM THE PUBLIC AND THE SCIENTIFIC COMMUNITY ;4
(II) EXISTING DATA CONCERNING EMISSIONS OF AIR POLLUTANTS,5
INCLUDING DATA REPORTED TO :6
(A) T
HE DIVISION CONCERNING THE EMISSIONS OF TOXIC AIR
7
POLLUTANTS; AND8
(B) T
HE FEDERAL TOXIC RELEASE INVENTORY PURSUANT TO 42
9
U.S.C.
SEC. 11023 OR PREPARED BY THE FEDERAL ENVIRONMENTAL
10
PROTECTION AGENCY 'S AIR TOXICS SCREENING ASSESSMENT11
(
AIRTOXSCREEN) PROGRAM;
12
(III) INFORMATION SUBMITTED TO THE COMMISSION ABOUT THE13
TOXICITY OF AIR POLLUTANTS THAT IS PUBLICLY AVAILABLE AND14
PEER-REVIEWED RELATED TO:15
(A) POTENCY;16
(B) MODE OF ACTION;17
(C) EXPOSURE PATTERNS;18
(D) ADVERSE HEALTH EFFECTS; AND19
(E) LEVELS OF EXPOSURE THAT MAY CAUSE OR CONTRIBUTE TO20
ADVERSE HEALTH EFFECTS, INCLUDING ADVERSE HEALTH EFFECTS ARISING21
FROM DISPROPORTIONATELY HIGH EXPOSURE OF PARTICULARLY22
VULNERABLE GROUPS, INCLUDING DISPROPORTIONATELY IMPACTED23
COMMUNITIES, INFANTS, CHILDREN, FETUSES, THE ELDERLY, AND PEOPLE24
WITH DISABILITIES; AND 25
(IV) IDENTIFICATIONS OF AIR POLLUTANTS AS TOXIC AIR26
CONTAMINANTS IN OTHER STATES.27
1244
-10- (4) Annual toxic emissions reporting program - study - rules.1
(a) O
N OR BEFORE
JUNE 30 OF EACH YEAR, BEGINNING ON JUNE 30, 2024,2
ALL OWNERS AND OPERATORS OF SOURCES REQUIRED TO HAVE AN 3
OPERATING PERMIT PURSUANT TO SECTION 25-7-114.3 AND SYNTHETIC4
MINOR SOURCES MUST SUBMIT AN ANNUAL TOXIC EMISSIONS REPORT TO5
THE DIVISION THAT REPORTS THE AMOUNT OF EACH TOXIC AIR6
CONTAMINANT EMITTED BY EACH SOURCE IN THE PRECEDING CALENDAR7
YEAR, BEGINNING WITH JANUARY 1, 2023, TO DECEMBER 31, 2023. THE8
DIVISION SHALL MAKE ANNUAL TOXIC EMISSIONS REPORTS SUBMITTED9
TO THE DIVISION PURSUANT TO THIS SUBSECTION (4)(a) AVAILABLE TO THE10
PUBLIC.11
12
(b) IF THERE IS A CHANGE OF OWNERSHIP OR CONTROL OF THE13
STATIONARY SOURCE PRIOR TO JUNE 30 OF THE YEAR THAT AN ANNUAL14
TOXIC EMISSIONS REPORT MUST BE SUBMITTED , THE OWNER OR OPERATOR15
AS OF JUNE 30 OF THAT YEAR IS RESPONSIBLE FOR SUBMITTING THE16
ANNUAL TOXIC EMISSIONS REPORT REQUIRED UNDER SUBSECTION (4)(a)17
OF THIS SECTION.18
(c) (I) THE DIVISION SHALL CONDUCT A STUDY AND PREPARE A19
REPORT THAT INCLUDES:20
(A) AN ANALYSIS OF THE EXISTING REQUIREMENTS FOR REPORTING21
TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE FEDERAL22
ENVIRONMENTAL PROTECTION AGENCY ;23
(B) AN ASSESSMENT OF THE AVAILABILITY AND QUALITY OF TOXIC24
AIR CONTAMINANT DATA REPORTED TO THE DIVISION AND THE FEDERAL25
ENVIRONMENTAL PROTECTION AGENCY , WITH THE REPORTING DATA26
BROKEN DOWN BY INDIVIDUAL TOXIC AIR CONTAMINANT, GEOGRAPHIC27
1244
-11- AREA, INDUSTRY SECTOR, AND WHETHER CATEGORIES OF STATIONARY1
SOURCES REPORTING THE DATA ARE SOURCES REQUIRED TO HAVE AN2
OPERATING PERMIT PURSUANT TO SECTION 25-7-114.3, SYNTHETIC MINOR3
SOURCES, OR MINOR SOURCES; AND4
(C) AN IDENTIFICATION OF THE INFORMATIONAL GAPS IN THE5
REPORTING OF TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE6
FEDERAL ENVIRONMENTAL PROTECTION AGENCY .7
(II) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT8
LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN9
OPPORTUNITY TO COMMENT ON THE REPORT. THE DIVISION SHALL ALSO10
CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM11
DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT12
STATIONARY SOURCES. IN FINALIZING THE REPORT, THE DIVISION SHALL13
INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED FROM14
THE PUBLIC, DISPROPORTIONATELY IMPACTED COMMUNITIES , WORKERS AT15
STATIONARY SOURCES, AND THE SCIENTIFIC COMMUNITY AND IDENTIFY16
ANY SIGNIFICANT CHANGES MADE TO THE REPORT BASED ON THOSE17
COMMENTS. NO LATER THAN OCTOBER 1, 2024, THE DIVISION SHALL18
SUBMIT THE FINALIZED REPORT TO THE COMMISSION .19
(III) NO LATER THAN APRIL 30, 2025, THE COMMISSION SHALL,20
BASED ON THE INFORMATIONAL GAPS IDENTIFIED IN THE REPORT ,21
CONSIDER THE ADOPTION OF RULES THAT ENSURE ANNUAL REPORTS ON22
TOXIC AIR CONTAMINANTS ARE SUBMITTED TO THE DIVISION AND MAY23
REQUIRE ADDITIONAL TYPES OF INFORMATION TO BE INCLUDED IN ANNUAL24
TOXIC EMISSIONS REPORTS SUBMITTED TO THE DIVISION FOR OPERATIONS25
AND EMISSIONS OCCURRING IN CALENDAR YEAR 2025 AND EACH26
CALENDAR YEAR THEREAFTER .27
1244
-12- (d) THE COMMISSION MAY ESTABLISH BY RULE A DE MINIMIS LEVEL1
OF EMISSIONS OF A TOXIC AIR CONTAMINANT BENEATH WHICH AN2
OWNER OR OPERATOR IS NOT REQUIRED TO REPORT ON THE EMISSIONS OF3
THE TOXIC AIR CONTAMINANT THROUGH AN ANNUAL TOXIC EMISSIONS4
REPORT SUBMITTED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION.5
(5) Toxic air contaminant monitoring program - reporting -6
rules. (a) B
EGINNING NO LATER THAN JANUARY 1, 2024, IN ADDITION TO7
THE FENCELINE MONITORING PROGRAM ESTABLISHED UNDER SECTION8
25-7-141
(5) AND THE COMMUNITY -BASED MONITORING PROGRAM9
ESTABLISHED UNDER SECTION 25-7-141 (6), THE DIVISION SHALL DEVELOP10
AND BEGIN TO CONDUCT A MONITORING PROGRAM TO DETERMINE THE11
CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR OF12
THE STATE.13
(b) T
HE PROGRAM SHALL INCLUDE THE INSTALLATION AND14
OPERATION OF AT LEAST SIX
MONITORING SITES COVERING BOTH URBAN15
AND RURAL AREAS OF THE STATE. THE DIVISION SHALL ENSURE THAT AT16
LEAST THREE MONITORING SITES ARE INSTALLED AND OPERATING BY17
J
ANUARY 1, 2024, AND THAT AT LEAST THREE ADDITIONAL
18
MONITORING SITES ARE INSTALLED AND OPERATING BY JULY 1, 2025.19
E
ACH MONITORING SITE MUST HAVE THE ABILITY TO DETECT TRENDS IN20
CONCENTRATIONS OF VARIOUS TOXIC AIR CONTAMINANTS IN THE AMBIENT21
AIR OVER TIME AT THE SITE.22
(c) A
T A MINIMUM, A MONITORING SITE MUST MEASURE THE23
CONCENTRATIONS OF:24
(I) T
HE TOXIC AIR CONTAMINANTS IDENTIFIED IN SECTION 2.3 OF25
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "NATIONAL AIR26
T
OXICS TRENDS STATION WORK PLAN TEMPLATE (REVISED APRIL 2019)".27
1244
-13- FOR THE MEASUREMENT OF A TOXIC AIR CONTAMINANT SPECIFIED IN THIS1
SUBSECTION (5)(c)(I), THE MEASUREMENT MUST MEET THE REQUIRED2
MINIMUM DETECTION LIMIT SPECIFIED FOR THE MEASURED AIR POLLUTANT3
IN SECTION 3.1 OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S4
"N
ATIONAL AIR TOXICS TRENDS STATION WORK PLAN TEMPLATE5
(R
EVISED APRIL 2019)" OR THE MOST RECENT VERSION.6
(II) T
HE TOXIC AIR CONTAMINANTS IDENTIFIED IN TABLE 1.2-1 OF7
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "TECHNICAL8
A
SSISTANCE DOCUMENT FOR THE NATIONAL AIR TOXICS TRENDS9
S
TATIONS PROGRAM (REVISION 3)" FROM OCTOBER 2016 OR THE MOST10
RECENT VERSION. FOR THE MEASUREMENT OF A TOXIC AIR CONTAMINANT11
SPECIFIED IN THIS SUBSECTION
(5)(c)(II) AND ALL OTHER TOXIC AIR12
CONTAMINANTS MEASURED UNDER THE MONITORING PROGRAM , THE13
DIVISION MUST SPECIFY A METHOD DETECTION LIMIT FOR EACH TOXIC AIR14
CONTAMINANT PURSUANT TO APPENDIX B OF 40 CFR 136.15
(d) I
N DETERMINING THE LOCATION OF
ANY NEW MONITORING SITE,16
THE DIVISION SHALL:17
(I) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC18
MEETINGS WHERE MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO19
COMMENT ON THE DIVISION'S PROPOSED LOCATIONS FOR THE MONITORING20
SITES; AND21
(II) G
IVE PRIORITY TO LOCATIONS THAT ARE WITHIN A22
DISPROPORTIONATELY IMPACTED
COMMUNITY. 23
(e) T
HE DIVISION MAY CHANGE THE LOCATION OF ANY24
MONITORING SITE AFTER FOLLOWING THE PROCEDURE AND REQUIREMENTS25
SPECIFIED IN SUBSECTION
(5)(d) OF THIS SECTION.26
(f) NO LATER THAN JULY 1, 2025, AND BY JULY 1 EACH YEAR27
1244
-14- THEREAFTER, THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT1
LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN2
OPPORTUNITY TO COMMENT ON THE MONITORING PROGRAM. THE DIVISION3
SHALL ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM4
DISPROPORTIONATELY IMPACTED COMMUNITIES ON THE MONITORING5
PROGRAM.6
(g) (I) NO LATER THAN OCTOBER 1, 2025, AND BY OCTOBER 17
EACH YEAR THEREAFTER, THE DIVISION SHALL PREPARE AN ANNUAL8
REPORT THAT SUMMARIZES THE TOXIC AIR CONTAMINANT DATA9
COLLECTED BY THE MONITORING SITES IN THE PREVIOUS CALENDAR YEAR.10
THE DIVISION SHALL INCLUDE IN THE REPORT A SUMMARY OF ANY11
COMMENTS RECEIVED FROM THE PUBLIC, DISPROPORTIONATELY IMPACTED12
COMMUNITIES, AND THE SCIENTIFIC COMMUNITY DURING THE TWO PUBLIC13
MEETINGS HELD PURSUANT TO SUBSECTION (5)(f) OF THIS SECTION.14
(II) ONCE THE REPORT IS FINALIZED, THE DIVISION SHALL:15
(A) POST THE REPORT ON THE DIVISION'S WEBSITE IN BOTH16
ENGLISH AND SPANISH; AND17
(B) SUBMIT THE FINALIZED REPORT TO THE HEALTH AND HUMAN18
SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND19
ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR20
SUCCESSOR COMMITTEES . NOTWITHSTANDING SECTION 24-1-13621
(11)(a)(I), THE REQUIREMENT TO REPORT TO THE LEGISLATIVE22
COMMITTEES CONTINUES INDEFINITELY .23
(h) THE DIVISION SHALL REPORT ON THE NEED FOR ANY24
ADDITIONAL MONITORING SITES FOR THE MONITORING PROGRAM, AND THE25
COSTS ASSOCIATED WITH ADDITIONAL MONITORING SITES , TO THE HEALTH26
AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND27
1244
-15- ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR1
SUCCESSOR COMMITTEES, DURING THE COMMITTEES' HEARINGS HELD2
PRIOR TO THE 2027 REGULAR SESSION OF THE GENERAL ASSEMBLY UNDER3
THE "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND4
TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF5
TITLE 2.6
(6) Health-based standards - rules. (a) THE COMMISSION SHALL7
ADOPT RULES THAT:8
(I) NO LATER THAN APRIL 30, 2025, IDENTIFY UP TO FIVE PRIORITY9
TOXIC AIR CONTAMINANTS CONSIDERING:10
11
(A) EXISTING DATA CONCERNING TOXIC AIR CONTAMINANTS12
GATHERED THROUGH DIVISION MONITORING PROGRAMS ;13
(B) DATA REPORTED TO THE DIVISION CONCERNING EMISSIONS OF14
TOXIC AIR POLLUTANTS;15
(C) DATA REPORTED TO THE FEDERAL TOXICS RELEASE INVENTORY16
PURSUANT TO 42 U.S.C. SEC. 11023 AND DATA PREPARED BY THE FEDERAL17
ENVIRONMENTAL PROTECTION AGENCY 'S AIR TOXICS SCREENING18
ASSESSMENT (AIRTOXSCREEN) PROGRAM; 19
(D) ANY OTHER RELEVANT DATA SUBMITTED TO THE COMMISSION20
DURING THE RULE-MAKING PROCESS CONCERNING THE AMOUNT OF21
EMISSIONS AND CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE22
AMBIENT AIR OF THE STATE, INCLUDING DATA COLLECTED THROUGH23
COMMUNITY-LED MONITORING PROGRAMS ; AND24
(E) INPUT FROM THE SCIENTIFIC COMMUNITY ; AND25
(II) NO LATER THAN APRIL 30, 2026, PROPOSE HEALTH-BASED26
STANDARDS FOR PRIORITY TOXIC AIR CONTAMINANTS FOR APPROVAL BY27
1244
-16- THE GENERAL ASSEMBLY.1
(b) I
N DETERMINING THE HEALTH -BASED STANDARDS, THE2
COMMISSION SHALL:3
(I)
CONSIDER THE BEST AVAILABLE PEER -REVIEWED TOXICITY4
VALUES REGARDING THE LEVELS OF EXPOSURE TO PRIORITY TOXIC AIR5
CONTAMINANTS THAT MAY CAUSE OR CONTRIBUTE TO ADVERSE HEALTH6
EFFECTS;7
(II) CONSIDER STANDARDS ADOPTED IN OTHER STATES TO REDUCE8
OR LIMIT CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE AMBIENT9
AIR;10
(III) C
ONSIDER THE EFFECTS OF EXPOSURE TO PRIORITY
TOXIC AIR11
CONTAMINANTS ON VULNERABLE GROUPS OF THE STATE , INCLUDING12
DISPROPORTIONATELY IMPACTED COMMUNITIES , INFANTS, CHILDREN,13
FETUSES, THE ELDERLY, AND PEOPLE WITH DISABILITIES;14
(IV) C
ONSIDER BOTH CANCER -RELATED HEALTH RISKS AND15
NON-CANCER-RELATED HEALTH RISKS.
16
(V) P
ROVIDE FOR A SUFFICIENT MARGIN OF SAFETY THAT17
ACCOUNTS FOR THE VARIOUS EFFECTS THAT DIFFERENT POPULATIONS MAY18
EXPERIENCE FROM EXPOSURE TO
PRIORITY TOXIC AIR CONTAMINANTS ; 19
(VI) CONSULT WITH THE SCIENTIFIC COMMUNITY THROUGH20
HOLDING AT LEAST ONE PUBLIC HEARING SPECIFICALLY FOR THIS21
CONSULTATION; AND22
(VII) I
DENTIFY THE EXCESS CANCER AND NON -CANCER RISK
23
LEVELS FOR USE IN DETERMINING THE HEALTH -BASED STANDARDS.24
(c) B
EGINNING NO LATER THAN
SEPTEMBER 30, 2029, AND AT25
LEAST ONCE EVERY FIVE YEARS THEREAFTER , THE COMMISSION SHALL:26
(I) D
ETERMINE WHETHER TO IDENTIFY ANY ADDITIONAL
PRIORITY27
1244
-17- TOXIC AIR CONTAMINANTS CONSIDERING THE DATA DESCRIBED IN1
SUBSECTION (6)(a)(I) OF THIS SECTION;2
3
(II) DETERMINE WHETHER TO INCLUDE ACUTE EXPOSURE LIMITS4
FOR PRIORITY TOXIC AIR CONTAMINANTS IN THE DEFINITION OF5
HEALTH-BASED STANDARDS;6
(III) DETERMINE WHETHER TO REVISE THE EXCESS CANCER AND7
NON-CANCER RISK LEVELS FOR USE IN DETERMINING THE HEALTH -BASED8
STANDARDS;9
(IV) REVIEW EXISTING HEALTH-BASED STANDARDS TO ENSURE10
THAT THE STANDARDS SUFFICIENTLY PROTECT PUBLIC HEALTH ; AND11
(V) DETERMINE WHETHER TO PROPOSE REVISIONS TO THE12
GENERAL ASSEMBLY TO ANY EXISTING HEALTH-BASED STANDARDS IN13
ACCORDANCE WITH THE CONSIDERATIONS SET FORTH IN SUBSECTION14
(6)(b) OF THIS SECTION AND, IF A DETERMINATION IS MADE TO REVISE ANY15
EXISTING HEALTH-BASED STANDARD, THE COMMISSION MUST, WITHIN16
TWELVE MONTHS AFTER THE DETERMINATION , ADOPT RULES TO THAT17
EFFECT.18
(d) NO MORE THAN TWELVE MONTHS AFTER THE COMMISSION19
MAKES THE DETERMINATION PURSUANT TO SECTION (6)(c)(I) OF THIS20
SECTION, THE COMMISSION SHALL PROPOSE TO THE GENERAL ASSEMBLY21
HEALTH-BASED STANDARDS FOR ANY ADDITIONAL PRIORITY TOXIC AIR22
CONTAMINANTS IN ACCORDANCE WITH SUBSECTION (6)(b) OF THIS23
SECTION.24
(7) Emission control regulations - rules. (a) NO LATER THAN25
APRIL 30, 2026, THE COMMISSION SHALL ADOPT EMISSION CONTROL26
REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR27
1244
-18- CONTAMINANT AND PRIORITIZE REDUCTIONS IN DISPROPORTIONATELY1
IMPACTED COMMUNITIES WITH MULTIPLE SOURCES OF EMISSIONS OF2
PRIORITY TOXIC AIR CONTAMINANTS .3
(b) IN DETERMINING THE EMISSION CONTROL REGULATIONS , THE4
COMMISSION SHALL CONSIDER:5
(I) ANY EMISSION CONTROL REGULATIONS ADOPTED FOR PRIORITY6
TOXIC AIR CONTAMINANTS IN OTHER STATES OR BY THE FEDERAL7
GOVERNMENT;8
(II) THE EMISSION LEVELS OF A PRIORITY TOXIC AIR CONTAMINANT9
FROM DIFFERENT INDUSTRIES AND CATEGORIES OF SOURCES, INCLUDING10
SOURCES REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO11
SECTION 25-7-114.3, SYNTHETIC MINOR SOURCES, AND MINOR SOURCES;12
(III) THE DEGREE OF REDUCTION OF EACH PRIORITY TOXIC AIR13
CONTAMINANT THAT IS ACHIEVABLE AND TECHNICALLY AND14
ECONOMICALLY FEASIBLE , TAKING INTO ACCOUNT ENERGY ,15
ENVIRONMENTAL, AND ECONOMIC IMPACTS AND OTHER COSTS PURSUANT16
TO THE REQUIREMENTS DESCRIBED IN SECTION 25-7-110.8;17
18
(IV) THE ABILITY OF EMISSION CONTROL REGULATIONS TO REDUCE19
OR ELIMINATE THE EMISSIONS OF A PRIORITY TOXIC AIR CONTAMINANT ,20
INCLUDING NON-EMITTING ALTERNATIVE PROCESSES AND CONTROL21
TECHNOLOGIES; AND22
23
(V) THE AVAILABILITY, SUITABILITY, AND RELATIVE EFFICACY OF24
A LESS HAZARDOUS SUBSTITUTE FOR A PRIORITY TOXIC AIR CONTAMINANT.25
(c) FOR NEW EMISSION SOURCES OF PRIORITY TOXIC AIR26
CONTAMINANTS, THE COMMISSION SHALL ADOPT EMISSION CONTROL27
1244
-19- REGULATIONS THAT ARE MORE STRINGENT THAN THOSE ADOPTED FOR1
EXISTING EMISSION SOURCES OF PRIORITY TOXIC AIR CONTAMINANTS . THE2
COMMISSION MAY ALSO ADOPT AN EMISSIONS THRESHOLD BELOW WHICH3
NEW EMISSION SOURCES SHALL NOT BE REQUIRED TO COMPLY WITH THE4
MORE STRINGENT EMISSION CONTROL REGULATIONS .5
(d) BEGINNING NO LATER THAN SEPTEMBER 30, 2030, AND AT6
LEAST ONCE EVERY FIVE YEARS THEREAFTER , THE COMMISSION SHALL:7
(I) ADOPT EMISSION CONTROL REGULATIONS FOR ANY ADDITI ONAL8
PRIORITY TOXIC AIR CONTAMINANTS IDENTIFIED BY THE COMMISSION IN9
ACCORDANCE WITH SUBSECTION (6)(c)(I) OF THIS SECTION; AND10
(II) DETERMINE WHETHER TO REVISE THE EXISTING EMISSION11
CONTROL REGULATIONS IN ACCORDANCE WITH THE CONSIDERATIONS SET12
FORTH IN SUBSECTION (7)(b) OF THIS SECTION. 13
(e) IN REVIEWING AND APPROVING AIR POLLUTION PERMITS UNDER14
SECTION 25-7-114.3, THE DIVISION SHALL INCLUDE ANY APPLICABLE15
EMISSION CONTROL REGULATIONS IN THE PERMIT .16
(f) THE EMISSION CONTROL REGULATIONS ESTABLISHED UNDER17
THIS SUBSECTION (7) SHALL NOT APPLY TO ANY ELECTRIC GENERATING18
RESOURCE LOCATED WITHIN THE STATE WITH A CLOSURE DATE NO LATER19
THAN JANUARY 1, 2031, THAT HAS BEEN APPROVED BY EITHER THE PUBLIC20
UTILITIES COMMISSION CREATED IN SECTION 40-2-101 (1) AS PART OF AN21
ELECTRIC RESOURCE PLAN OR THE AIR POLLUTION CONTROL DIVISION AS22
PART OF A CLEAN ENERGY PLAN.23
24
(8) Air pollution regulation for sources of toxic air25
contaminants - assessment. (a) NO LATER THAN DECEMBER 31, 2025,26
THE DIVISION SHALL CONDUCT AN ASSESSMENT TO DETERMINE THE NEEDS27
1244
-20- OF THE DIVISION TO ADMINISTER AN AIR PERMITTING PROGRAM TO1
REGULATE NEW, MODIFIED, AND EXISTING STATIONARY SOURCES THAT2
EMIT LEVELS OF PRIORITY TOXIC AIR CONTAMINANTS, REFERRED TO IN THIS3
SUBSECTION (8) AS THE "AIR TOXICS PERMITTING PROGRAM ".4
(b) THE ASSESSMENT MUST:5
(I) EVALUATE AIR TOXICS PERMITTING PROGRAMS FOR NEW ,6
MODIFIED, AND EXISTING STATIONARY SOURCES OF PRIORITY TOXIC AIR7
CONTAMINANTS IN OTHER STATES AND ON TRIBAL LANDS ;8
(II) EVALUATE AND MAKE RECOMMENDATIONS REGARDING THE9
SCOPE OF THE AIR TOXICS PERMITTING PROGRAM , INCLUDING THE TYPES10
OF PERMITS, STATIONARY SOURCES, INDUSTRIES, AND GEOGRAPHIC AREAS11
OF THE STATE THAT WOULD BE IMPACTED BY THE PROGRAM ;12
(III) IDENTIFY PROCESSES AND REASONABLE TIMELINES FOR :13
(A) THE NOTIFICATION TO ANY STATIONARY SOURCES THAT COULD14
BE SUBJECT TO THE AIR TOXICS PERMITTING PROGRAM ;15
(B) THE ASSESSMENT OF PUBLIC HEALTH RISKS ASSOCIATED WITH16
A STATIONARY SOURCE 'S EMISSIONS OF PRIORITY TOXIC AIR17
CONTAMINANTS; AND18
(C) THE ASSESSMENT AND IMPLEMENTATION OF STRATEGIES19
DESIGNED TO REDUCE EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS20
FROM A STATIONARY SOURCE THROUGH PERMITTING ; AND21
(IV) IDENTIFY THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH22
THE IMPLEMENTATION OF AN AIR TOXICS PERMITTING PROGRAM FOR23
EXISTING STATIONARY SOURCES AND POSSIBLE FUNDING MECHANISMS .24
(c) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT25
LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN26
OPPORTUNITY TO COMMENT ON THE ASSESSMENT. THE DIVISION SHALL27
1244
-21- ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM1
DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT2
STATIONARY SOURCES ON THE ASSESSMENT .3
(d) IN FINALIZING THE ASSESSMENT, THE DIVISION SHALL INCLUDE4
IN THE ASSESSMENT A SUMMARY OF ANY COMMENTS RECEIVED FROM THE5
PUBLIC, WORKERS AT STATIONARY SOURCES, AND DISPROPORTIONATELY6
IMPACTED COMMUNITIES AND IDENTIFY ANY SIGNIFICANT CHANGES MADE7
TO THE ASSESSMENT BASED ON SUCH COMMENTS .8
(e) THE DIVISION SHALL REPORT ON THE ASSESSMENT AND9
PROVIDE RECOMMENDATIONS TO THE HEALTH AND HUMAN SERVICES10
COMMITTEE OF THE SENATE AND THE ENERGY AND ENVIRONMENT11
COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR SUCCESSOR12
COMMITTEES, DURING THE COMMITTEES' HEARINGS HELD PRIOR TO THE13
2026 REGULAR SESSION OF THE GENERAL ASSEMBLY UNDER THE "STATE14
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT15
(SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.16
17
SECTION 5. In Colorado Revised Statutes, 25-7-109.3, amend18
(1), (2), (3)(a)(I), (4)(a)(I), and (4)(h)(III); and repeal (3)(b), (3)(b.1),19
(3)(f), and (3)(g) as follows:20
25-7-109.3. Colorado hazardous air pollutant control and21
reduction program - rules - repeal. (1) The commission shall22
promulgate appropriate regulations RULES pertaining to hazardous air23
pollutants as defined in section 25-7-103 (13) which THAT are consistent24
with this section,
SECTION 25-7-109.5, and the requirements of and25
emission standards promulgated pursuant to section 112 of the federal act,26
including any standard required to be imposed under section 112(r) of the27
1244
-22- federal act. The commission shall monitor the progress and results of the1
risk studies performed under section 112 of the federal act to show that2
Colorado's hazardous air pollutant control and reduction program is3
consistent with AT LEAST AS PROTECTIVE AS the national strategy.4
(2) Except as provided in section 25-7-114.4 (5), The commission5
may only promulgate rules pertaining to hazardous air pollutants as6
defined in section 25-7-103 (13) in accordance with this section, SECTION7
25-7-109.5,
AND SECTION 25-7-114.4. In order to minimize additional8
regulatory and compliance costs to the state's economy, any program9
created by the commission pursuant to this section must
MAY contain a10
provision that exempts
FROM THE REQUIREMENTS OF THE PROGRAM those11
sources or categories of sources that it determines to be of minor12
significance. from the requirements of the program.
Consistent with the13
provisions of section 25-7-105.1, the commission shall authorize14
synthetic minor sources of hazardous air pollutants by the issuance of15
construction permits or prohibitory or other rules. Such permits or rules16
must only be as stringent as necessary to establish synthetic minor status.17
The commission shall expeditiously implement this subsection (2) to18
assure ENSURE that all sources may be able to timely qualify as a synthetic19
minor source, thereby avoiding the costs of the operating permit program.20
(3) (a) (I) As soon as adequate scientific, technological, and21
hazardous air pollutant emissions information is available, the22
commission may promulgate regulations for the control of hazardous air23
pollutants, INCLUDING utilizing Colorado GACT or Colorado MACT24
technology-based emission reduction requirements, as defined in section25
25-7-103 (6.7) and (6.8).26
(b) This section shall only apply to sources emitting a hazardous27
1244
-23- air pollutant identified in the list established or amended pursuant to1
subsection (5) of this section which:2
(I) Are not included in categories or subcategories of sources3
listed or proposed to be listed by the environmental protection agency4
under section 112 of the federal act and thus will not be required to5
comply with GACT or MACT under the federal act, as defined in section6
25-7-103 (12.1) and (16.5); or7
(II) Are included in categories or subcategories of sources listed8
or proposed to be listed under section 112 of the federal act and which9
have:10
(A) Levels of emissions of hazardous air pollutants listed under11
section 112 (b) of the federal act which are below thresholds established12
under the federal act and thus will not be required to comply with GACT13
and MACT under the federal act and as defined in section 25-7-10314
(12.1) and (16.5); except that this section shall not apply to a source15
included in a category or subcategory for which a lesser quantity emission16
rate has been proposed or adopted under section 112 of the federal act; or17
(B) Hazardous air pollutant emissions above a threshold level of18
the substance listed under subparagraph (II) of paragraph (a) and19
paragraph (b) of subsection (5) of this section.20
(b.1) The commission may recognize similarities among regulated21
sources or apply, when appropriate, previous control requirements22
established by the commission in making a determination about the need23
for such regulation under this subsection (3). The commission shall also24
consider fundamentally different factors between sources in making these25
determinations.26
(f) This section shall not apply to sources subject to national27
1244
-24- emission standards for hazardous air pollutants (NESHAP) established by1
the administrator pursuant to the federal act, but only for those emissions2
for which a NESHAP is established.3
(g) This section shall not impose requirements on sources4
included in categories or subcategories of sources which are listed in5
section 112(n) of the federal act which are inconsistent with the timing of6
studies or assessments conducted under or definitions set forth in section7
112(n) of the federal act. 8
(4) (a) (I) On or after the risk-based studies required under9
sections 112(k)(3), 112(o), and 112(f) of the federal act are completed10
and received by the commission, The commission may adopt regulations11
RULES pertaining to those sources identified as emitting hazardous air12
pollutants regulated under this section, which may include additional13
emission reduction requirements to address any residual risk of health14
effects with respect to actual persons living in the vicinity of sources after15
installation of technology-based controls. Imposition of such16
requirements may be made
PURSUANT TO SECTION 25-7-109.5 OR upon a17
determination by the commission that operation of sources without18
health-based controls does not or will not represent an inconsequential19
threat to public health. Regulations
RULES as finally adopted pursuant to20
this subsection (4) may apply on a source-specific basis.21
(h) Temporary exceptional authority. (III) This paragraph (h)22
shall remain effective only until such time as the commission acts23
pursuant to its authority under paragraph (a) of this subsection (4)24
SUBSECTION (4)(h) IS REPEALED, EFFECTIVE JULY 1, 2026.25
26
SECTION 6. Appropriation. (1) For the 2022-23 state fiscal27
1244
-25- year, $3,135,853 is appropriated to the department of public health and1
environment. This appropriation is from the general fund. To implement2
this act, the department may use this appropriation as follows:3
(a) $1,792,791 for use by the air pollution control division for4
program costs, which amount is based on an assumption that the division5
will require an additional 13.1 FTE;6
(b) $671,906 for use by the division of environmental health and7
sustainability for the toxicology and environmental epidemiology unit,8
which amount is based on an assumption that the division will require an9
additional 4.0 FTE;10
(c) $73,928 for the purchase of legal services; and11
(d) $597,228 for the purchase of information technology services.12
(2) For the 2022-23 state fiscal year, $73,928 is appropriated to13
the department of law. This appropriation is from reappropriated funds14
received from the department of public health and environment under15
subsection (1)(c) of this section and is based on an assumption that the16
department of law will require an additional 0.4 FTE. To implement this17
act, the department of law may use this appropriation to provide legal18
services for the department of public health and environment.19
(3) For the 2022-23 state fiscal year, $597,228 is appropriated to20
the office of the governor for use by the office of information technology.21
This appropriation is from reappropriated funds received from the22
department of public health and environment under subsection (1)(d) of23
this section. To implement this act, the office may use this appropriation24
to provide information technology services for the department of public25
health and environment.26
SECTION 7. Applicability. This act applies to conduct occurring27
1244
-26- on or after the effective date of this act.1
SECTION 8. Safety clause. The general assembly hereby finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety.4
1244
-27-