Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0552.01 Sarah Lozano x3858
HOUSE BILL 22-1244
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCRE ASE PUBLIC PROTECTION FROM101
TOXIC AIR CONTAMINANTS .102
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
implementing the program, the commission has the authority to adopt
HOUSE SPONSORSHIP
Kennedy and Gonzales-Gutierrez,
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. 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.
HB22-1244
-2- 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 that may act cumulatively to7
produce adverse impacts to public health, and these impacts must be8
taken into account when regulating toxic air contaminants;9
(c) The identification and regulation of toxic air contaminants10
HB22-1244-3- should utilize the best-available scientific evidence gathered from the1
public, private industry, the scientific community, and global, federal,2
state, and local agencies;3
(d) Emissions of toxic air contaminants should be monitored and4
controlled to levels that prevent harm to public health and the5
environment; and6
(e) While there are federal and state programs in Colorado to7
control air pollutants subject to the national ambient air quality standards,8
there are no federal or state programs in Colorado to establish9
health-based ambient air quality standards for toxic air contaminants.10
(2) The general assembly further finds and declares that it is the11
policy of the state to:12
(a) Prioritize and protect the health and well-being of all13
Coloradans, with a particular focus on sensitive and vulnerable groups,14
such as children, infants, fetuses, the elderly, people with disabilities, and15
people in disproportionately impacted communities;16
(b) Analyze public health risks from toxic air contaminant17
emissions from sources based on verified science and reporting of18
emissions data;19
(c) Consider regulations of toxic air contaminants in other states20
and jurisdictions in developing state regulations;21
(d) Use a science-based, consistent, and transparent process for22
communicating and addressing risks from emissions of toxic air23
contaminants; and24
(e) Meaningfully reduce exposure to toxic air contaminant25
emissions through state regulation.26
(3) The general assembly therefore declares that the state should27
HB22-1244
-4- control and reduce the emissions of toxic air contaminants through the1
identification of toxic air contaminants, the reporting of emissions data,2
and the setting of protective health-based standards and effective airborne3
toxic control measures.4
SECTION 2. In Colorado Revised Statutes, add 25-7-109.5 as5
follows:6
25-7-109.5. Toxic air contaminants - advisory board - annual7
emissions inventory reports - monitoring program - health-based8
standards - airborne toxic control measures - air pollution permits -9
rules - enforcement - definitions. (1) Definitions. A
S USED IN THIS10
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :11
(a) "A
CTIVITY LEVEL" MEANS A MEASURABLE FACTOR OR12
PARAMETER OF A PROCESS THAT RELATES DIRECTLY OR INDIRECTLY TO13
THE EMISSIONS OF A TOXIC AIR CONTAMINANT OR CRITERIA AIR14
POLLUTANT, INCLUDING THROUGHPUT, HOURS OF OPERATION, QUANTITY15
OF FUEL CONSUMED, QUANTITY OF MATERIAL PRODUCED , OR QUANTITY OF16
COATING APPLIED.17
(b) "A
DVERSE HEALTH EFFECTS" MEANS THE ADVERSE HEALTH18
EFFECTS FROM EXPOSURE TO TOXIC AIR CONTAMINANT EMISSIONS ,19
INCLUDING THE CUMULATIVE AND SYNERGISTIC EFFECTS TO HEALTH FROM20
EXPOSURE TO THE COMBINED AIR EMISSIONS FROM MULTIPLE SOURCES ,21
WHETHER THE EMISSIONS ARE EMITTED ROUTINELY , INTERMITTENTLY, OR22
ACCIDENTALLY.23
(c) "A
DVISORY BOARD" MEANS THE TOXIC AIR CONTAMINANT24
SCIENTIFIC ADVISORY BOARD CREATED UNDER SUBSECTION (3)(a) OF THIS25
SECTION.26
(d) (I) "A
IRBORNE TOXIC CONTROL MEASURE " MEANS, AS27
HB22-1244
-5- DETERMINED BY THE COMMISSION BY RULE UNDER SUBSECTION (8) OF THIS1
SECTION, AN EMISSION CONTROL METHOD THAT IS DESIGNED TO REDUCE ,2
AVOID, OR ELIMINATE THE EMISSIONS OF TOXIC AIR CONTAMINANTS BASED3
ON THE MAXIMUM DEGREE OF REDUCTION OR AVOIDANCE THAT IS4
NECESSARY TO MEET THE HEALTH -BASED STANDARDS.5
(II) "A
IRBORNE TOXIC CONTROL MEASURE " INCLUDES:6
(A) E
MISSIONS LIMITATIONS, CONTROL TECHNOLOGIES, THE USE7
OF OPERATIONAL AND MAINTENANCE CONDITIONS , CLOSED SYSTEM8
ENGINEERING, DESIGN, EQUIPMENT, PRACTICE STANDARDS, AND OTHER9
MEASURES OR MODIFICATIONS THAT ARE DESIGNED TO REDUCE , AVOID, OR10
ELIMINATE EMISSIONS OF TOXIC AIR CONTAMINANTS ; AND11
(B) E
MISSIONS STANDARDS AND REGULATIONS ADOPTED BY THE12
FEDERAL ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO SECTION13
112
OF THE FEDERAL ACT.14
(e) "C
OMMUNITY-LED MONITORING PROGRAMS " MEANS AIR15
MONITORING AND DATA COLLECTION , CONCERNING CONCENTRATIONS OF16
TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR , CONDUCTED BY LOCAL17
GOVERNMENTS, NONGOVERNMENTAL ORGANIZATIONS , OR COMMUNITY18
GROUPS PURSUANT TO THE SECOND EDITION OF THE FEDERAL19
ENVIRONMENTAL PROTECTION AGENCY 'S "COMPENDIUM OF METHODS20
FROM THE DETERMINATION OF TOXIC ORGANIC COMPOUNDS IN AMBIENT21
A
IR".22
(f) "C
RITERIA AIR POLLUTANT" MEANS AN AIR POLLUTANT FOR23
WHICH THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS SET24
NATIONAL AMBIENT AIR QUALITY STANDARDS UNDER 40 CFR 50.25
(g) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH26
AND ENVIRONMENT.27
HB22-1244
-6- (h) "EMISSION UNIT" MEANS ONE OR MORE INDIVIDUAL1
EMISSIONS-PRODUCING ACTIVITIES THAT EMIT OR HAVE THE POTENTIAL TO2
EMIT ANY TOXIC AIR CONTAMINANT OR CRITERIA AIR POLLUTANT .3
(i) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF4
THE DEPARTMENT.5
(j) "G
OOD CAUSE" MEANS, FOR AN OWNER OR OPERATOR REQUIRED6
TO COMPLY WITH THE REPORTING REQUIREMENTS SET FORTH IN7
SUBSECTION (5)(a) OF THIS SECTION, THE OWNER OR OPERATOR REQUIRES8
ADDITIONAL TIME TO:9
(I) O
BTAIN MORE ACCURATE OR ADDITIONAL DATA ;10
(II) P
ERFORM ADDITIONAL ANALYSES ; OR11
(III) A
DDRESS CHANGES IN OPERATIONS OF THE STATIONARY12
SOURCE THAT HAVE A SUBSTANTIAL IMPACT ON THE INFORMATION AND13
DATA REQUIRED BY SUBSECTION (5)(a) OF THIS SECTION.14
(k) "H
EALTH-BASED STANDARDS" MEANS, AS DETERMINED BY THE15
COMMISSION BY RULE UNDER SUBSECTION (7)(a)(II) OF THIS SECTION, THE16
ACUTE AND CHRONIC TOXIC AIR CONTAMINANT EXPOSURE LEVELS17
REQUIRED TO PROTECT THE PUBLIC FROM ADVERSE HEALTH EFFECTS ,18
ALLOWING FOR AN AMPLE MARGIN OF SAFETY , REPRESENTED AS19
BENCHMARK NUMERICAL CONCENTRATIONS IN THE AMBIENT AIR .20
(l) "H
IGH-RISK TOXIC AIR CONTAMINANTS " MEANS, AS21
DETERMINED BY THE COMMISSION BY RULE UNDER SUBSECTION (7)(a)(I)22
OF THIS SECTION, TOXIC AIR CONTAMINANTS THAT MAY POSE A RISK OF23
HARM TO PUBLIC HEALTH IN THE STATE.24
(m) "M
AJOR SOURCE" HAS THE MEANING SET FORTH IN SECTION25
25-7-114
(3).26
(n) "P
ROCESS" MEANS, FOR THE PURPOSES OF AN ANNUAL27
HB22-1244
-7- EMISSIONS INVENTORY REPORT SUBMITTED UNDER SUBSECTION (5)(a) OF1
THIS SECTION, A TYPE OF ACTIVITY FOR AN EMISSION UNIT THAT CAUSES2
EMISSIONS OF ANY TOXIC AIR CONTAMINANT OR CRITERIA AIR POLLUTANT ,3
INCLUDING FLARING, INTERNAL COMBUSTION , HEATING, PAINTING,4
GRAVEL SCREENING, STORAGE TANK BREATHING LOSS, VEHICLE FUELING,5
SPILLAGE, AND SOLVENT CLEANING.6
(o) "S
YNTHETIC MINOR SOURCE " HAS THE MEANING SET FORTH IN7
SECTION 25-7-114 (6).8
(p) "T
OXIC AIR CONTAMINANT" MEANS:9
(I) A
HAZARDOUS AIR POLLUTANT;10
(II) A
COVERED AIR TOXIC, AS DEFINED IN SECTION 25-7-14111
(2)(b);
OR12
(III) A
NY OTHER AIR POLLUTANT THAT THE COMMISSION13
DESIGNATES AS A TOXIC AIR CONTAMINANT PURSUANT TO SUBSECTION (4)14
OF THIS SECTION.15
(2) Rules. (a) T
HE COMMISSION SHALL PROMULGATE RULES THAT16
ARE NECESSARY FOR THE PROPER IMPLEMENTATION AND ADMINISTRATION17
OF THIS SECTION AND, TO THE GREATEST EXTENT POSSIBLE, CONSISTENT18
WITH THE FEDERAL ACT AND THE REGULATIONS ADOPTED PURSUANT TO19
THE FEDERAL ACT.20
(b) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , THE21
COMMISSION MAY ADOPT RULES UNDER THIS SECTION THAT ARE MORE22
STRINGENT THAN THE CORRESPONDING REQUIREMENTS OF THE FEDERAL23
ACT AND THE REGULATIONS ADOPTED PURSUANT TO THE FEDERAL ACT .24
(c) A
S PART OF THE COMMISSION 'S RULES PROMULGATED25
PURSUANT TO THIS SUBSECTION (2), THE COMMISSION MAY ESTABLISH26
SCHEDULES FOR VARYING LEVELS OF COMPLIANCE LEADING TO COMPLETE27
HB22-1244
-8- COMPLIANCE FOR ANY RULE PROMULGATED PURSUANT TO THIS SECTION .1
(3) Advisory board. (a) T
HE TOXIC AIR CONTAMINANT SCIENTIFIC2
ADVISORY BOARD IS HEREBY CREATED IN THE DEPARTMENT .3
(b) (I) T
HE ADVISORY BOARD CONSISTS OF THREE VOTING4
MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR AND A NONVOTING5
MEMBER REPRESENTING THE DEPARTMENT .6
(II) T
HE MEMBERS SHALL:7
(A) B
E PROFESSIONALLY ACTIVE OR ENGAGED IN SCIENTIFIC8
RESEARCH;9
(B) B
E HIGHLY QUALIFIED TO EVALUATE HEALTH EFFECTS FROM10
EXPOSURE TO TOXIC SUBSTANCES ; AND11
(C) H
AVE EXPERTISE IN PATHOLOGY, ONCOLOGY, EPIDEMIOLOGY,12
OR TOXICOLOGY.13
(III) T
HE EXECUTIVE DIRECTOR SHALL CONSULT WITH THE14
C
OLORADO SCHOOL OF PUBLIC HEALTH IN APPOINTING THE MEMBERS OF15
THE ADVISORY BOARD.16
(c) T
HE EXECUTIVE DIRECTOR SHALL APPOINT MEMBERS TO THE17
ADVISORY BOARD NO LATER THAN NOVEMBER 30, 2022, AND FOR TERMS18
OF FIVE YEARS. THE EXECUTIVE DIRECTOR SHALL FILL ANY VACANCY BY19
APPOINTMENT FOR THE REMAINDER OF THE UNEXPIRED TERM .20
(d) T
HE ADVISORY BOARD SHALL CONVENE ITS FIRST MEETING NO21
LATER THAN MARCH 1, 2023. THE MEMBERS SHALL SELECT A CHAIR FROM22
AMONG ITS VOTING MEMBERS . THE ADVISORY BOARD SHALL CONDUCT23
TWO MEETINGS EACH YEAR AND MAY AGREE TO CO NDUCT MEETINGS MORE24
FREQUENTLY.25
(e) A
DVISORY BOARD MEMBERS ARE ENTITLED TO BE REIMBURSED26
FOR NECESSARY TRAVEL AND OTHER REASONABLE EXPENSES INCURRED IN27
HB22-1244
-9- THE PERFORMANCE OF THEIR OFFICIAL DUTIES .1
(f) T
HE ADVISORY BOARD SHALL ADVISE THE COMMISSION ON :2
(I) I
DENTIFYING ADDITIONAL TOXIC AIR CONTAMINANTS TO ADD3
TO THE LIST OF TOXIC AIR CONTAMINANTS UNDER SUBSECTION (4) OF THIS4
SECTION;5
(II) I
DENTIFYING HIGH-RISK TOXIC AIR CONTAMINANTS UNDER6
SUBSECTION (7)(a)(I) OF THIS SECTION;7
(III) I
DENTIFYING ADDITIONAL HIGH -RISK TOXIC AIR8
CONTAMINANTS UNDER SUBSECTION (7)(c)(I) OF THIS SECTION;9
(IV) E
STABLISHING HEALTH-BASED STANDARDS FOR HIGH -RISK10
TOXIC AIR CONTAMINANTS UNDER SUBSECTION (7)(a)(II) OF THIS SECTION;11
(V) R
EVIEWING AND REVISING EXISTING HEALTH -BASED12
STANDARDS UNDER SUBSECTIONS (7)(c)(III) AND (7)(c)(IV) OF THIS13
SECTION; AND14
(VI) R
EVIEWING AND REVISING THE LIST OF COVERED AIR TOXICS15
PURSUANT TO SECTION 25-7-141 (3)(a).16
(4) Review of the list of toxic air contaminants - rules.17
B
EGINNING NO LATER THAN JANUARY 1, 2024, AND EVERY FIVE YEARS18
THEREAFTER, OR MORE FREQUENTLY IF THE COMMISSION DEEMS IT19
APPROPRIATE TO DO SO, THE COMMISSION SHALL, IN CONSULTATION WITH20
THE ADVISORY BOARD, REVIEW THE LIST OF TOXIC AIR CONTAMINANTS21
AND DETERMINE BY RULE WHETHER TO ADD ANY ADDITIONAL TOXIC AIR22
CONTAMINANTS TO THE LIST. THE COMMISSION MAY DETERMINE THAT A23
REVIEW IS APPROPRIATE BASED ON A REQUEST OF ANY PERSON IF , AS PART24
OF THE REQUEST, THE PERSON DEMONSTRATES TO THE COMMISSION 'S25
SATISFACTION THAT NEW OR UPDATED SCIENTIFIC DATA RELATED TO THE26
ADVERSE EFFECTS OF AN AIR POLLUTANT WARRANTS ADDITIONAL REVIEW .27
HB22-1244
-10- THE COMMISSION SHALL MAKE THE DETERMINATIONS BASED ON :1
(a) I
NPUT FROM THE PUBLIC;2
(b) D
ATA GATHERED THROUGH :3
(I) T
HE MONITORING PROGRAM ESTABLISHED UNDER SUBSECTION4
(6)
OF THIS SECTION;5
(II) T
HE FENCELINE MONITORING PROGRAM ESTABLISHED UNDER6
SECTION 25-7-141 (5);7
(III) T
HE COMMUNITY -BASED MONITORING PROGRAM8
ESTABLISHED UNDER SECTION 25-7-141 (6); AND9
(IV) C
OMMUNITY-LED MONITORING PROGRAMS .10
(c) D
ATA PROVIDED TO THE DIVISION THROUGH THE ANNUAL11
EMISSIONS INVENTORY REPORTS SUBMITTED PURSUANT TO SUBSECTION12
(5)(a)
OF THIS SECTION;13
(d) D
ATA REPORTED TO THE FEDERAL TOXICS RELEASE INVENTORY14
PURSUANT TO 42 U.S.C. SEC. 11023;15
(e) I
NFORMATION GATHERED THROUGH EVALUATIONS OF ALL16
AVAILABLE PEER-REVIEWED SCIENTIFIC DATA RELATED TO :17
(I) P
OTENCY;18
(II) M
ODE OF ACTION;19
(III) E
XPOSURE PATTERNS;20
(IV) A
DVERSE HEALTH EFFECTS;21
(V) L
EVELS OF EXPOSURE THAT MAY CAUSE OR CONTRIBUTE TO22
ADVERSE HEALTH EFFECTS; AND23
(VI) A
NY ADVERSE HEALTH EFFECTS OF TOXIC AIR24
CONTAMINANTS, INCLUDING ADVERSE HEALTH EFFECTS ARISING FROM25
DISPROPORTIONATELY HIGH EXPOSURE OF PARTICULARLY VULNERABLE26
GROUPS, INCLUDING DISPROPORTIONATELY IMPACTED COMMUNITIES ,27
HB22-1244
-11- INFANTS, CHILDREN, FETUSES, THE ELDERLY, AND PEOPLE WITH1
DISABILITIES;2
(f) T
HE AVAILABILITY AND QUALITY OF SCIENTIFIC DATA ; AND3
(g) I
DENTIFICATIONS OF AIR POLLUTANTS AS TOXIC AIR4
CONTAMINANTS IN OTHER STATES AND JURISDICTIONS .5
(5) Annual emissions inventory reports - rules. (a) O
N OR6
BEFORE APRIL 1 OF EACH YEAR, BEGINNING ON APRIL 1, 2024, ALL7
OWNERS AND OPERATORS OF MAJOR SOURCES AND SYNTHETIC MINOR8
SOURCES MUST SUBMIT AN ANNUAL EMISSIONS INVENTORY REPORT TO THE9
DIVISION THAT REPORTS THE AMOUNT OF EACH TOXIC AIR CONTAMINANT10
AND CRITERIA AIR POLLUTANT EMITTED BY EACH MAJOR SOURCE AND11
SYNTHETIC MINOR SOURCE IN THE PRECEDING CALENDAR YEAR ,12
BEGINNING WITH JANUARY 1, 2023, TO DECEMBER 31, 2023. THE DIVISION13
SHALL MAKE ANY ANNUAL EMISSIONS INVENTORY REPORTS SUBMITTED TO14
THE DIVISION PURSUANT TO THIS SUBSECTION (5)(a) AVAILABLE TO THE15
PUBLIC.16
(b) A
NY EMISSIONS INVENTORY REPORT SUBMITTED TO THE17
DIVISION PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION MUST, AT A18
MINIMUM, INCLUDE THE FOLLOWING INFORMATION :19
(I) T
HE NAME AND IDENTIFICATION NUMBER OF THE STATIONARY20
SOURCE;21
(II) T
HE NAME OF THE OWNER OR OPERATOR OF THE STATIONARY22
SOURCE AS OF APRIL 1 OF THE YEAR THAT THE ANNUAL EMISSIONS23
INVENTORY REPORT MUST BE SUBMITTED ;24
(III) A
NY NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM25
CODES ESTABLISHED BY THE FEDERAL OFFICE OF MANAGEMENT AND26
BUDGET THAT APPLY TO THE STATIONARY SOURCE ;27
HB22-1244
-12- (IV) ANY STANDARD INDUSTRIAL CLASSIFICATION CODES1
ESTABLISHED BY THE FEDERAL OFFICE OF MANAGEMENT AND BUDGET2
THAT APPLY TO THE STATIONARY SOURCE ;3
(V) T
HE PHYSICAL ADDRESS, GEOSPATIAL COORDINATES , AND4
COUNTY OF THE STATIONARY SOURCE ;5
(VI) W
HETHER THE STATIONARY SOURCE IS LOCATED IN A6
DISPROPORTIONATELY IMPACTED COMMUNITY ;7
(VII) A
LIST OF EMISSION UNITS APPLICABLE TO THE STATIONARY8
SOURCE. FOR EACH APPLICABLE EMISSION UNIT, THE LIST MUST INCLUDE:9
(A) A
NY APPLICABLE FEDERAL-ISSUED AIR POLLUTION PERMIT10
IDENTIFICATION NUMBER;11
(B) A
NY APPLICABLE STATE-ISSUED AIR POLLUTION PERMIT12
IDENTIFICATION NUMBER;13
(C) A
NY APPLICABLE SOURCE CLASSIFICATION CODE ESTABLISHED14
BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY ;15
(D) A
NY APPLICABLE UNIT TYPE CODES ESTABLISHED BY THE16
FEDERAL ENVIRONMENTAL PROTECTION AGENCY ;17
(E) T
HE ACTIVITY LEVEL FOR THE PRECEDING CALENDAR YEAR ,18
INCLUDING DESCRIPTIONS OF THE UNITS OF MEASUREMENT AND THE DATA19
ACQUISITION METHODS USED; AND20
(F) A
DESCRIPTION OF ANY PROCESSES ASSOCIATED WITH THE21
EMISSION UNIT, INCLUDING A DESCRIPTION OF HOW THE TOXIC AIR22
CONTAMINANT OR CRITERIA AIR POLLUTANT IS EMITTED INTO THE23
ATMOSPHERE THROUGH ANY PR OCESS OR PROCESSES .24
(VIII) D
IRECT AND FUGITIVE EMISSIONS DATA, INCLUDING UNITS25
OF MEASUREMENT, CALCULATION METHODS, AND EMISSION FACTORS, FOR26
EACH TOXIC AIR CONTAMINANT AND CRITERIA AIR POLLUTANT EMITTED IN27
HB22-1244
-13- THE PRECEDING CALENDAR YEAR BY A FACILITY , INCLUDING:1
(A) T
HE TOTAL MASS OF TOXIC AIR CONTAMINANT OR CRITERIA2
AIR POLLUTANT EMITTED OVER THE PRECEDING CALENDAR YEAR ;3
(B) T
HE MAXIMUM MASS OF TOXIC AIR CONTAMINANT OR CRITERIA4
AIR POLLUTANT THAT MAY BE EMITTED IN A TWENTY -FOUR HOUR PERIOD;5
(C) A
NY EMISSION UNITS OR PROCESSES ASSOCIATED WITH THE6
TOXIC AIR CONTAMINANT OR CRITERIA AIR POLLUTANT EMITTED BY THE7
FACILITY;8
(D) R
ELEASE LOCATION TYPE ;9
(E) S
TACK LOCATION, STACK HEIGHT, EXIT VELOCITY AND10
TEMPERATURE, AND STACK DIAMETER, IF APPLICABLE;11
(F) T
HE CONTROL EFFICIENCY OF ALL EMISSIONS CONTROL12
DEVICES IF A CONTROL EFFICIENCY IS USED TO QUANTIFY EMISSIONS ; AND13
(G) T
HE AMOUNT OF EACH TOXIC AIR CONTAMINANT THAT IS14
PRODUCED OR USED AT THE FACILITY DURING THE DATA YEAR ; AND15
(IX) A
NY OTHER INFORMATION THAT THE COMMISSION MAY16
REQUIRE BY RULE.17
(c) U
PON A SHOWING OF GOOD CAUSE BY AN OWNER OR OPERATOR ,18
THE DIVISION MAY GRANT AN EXTENSION OF THE DEADLINE OF APRIL 1 TO19
SUBMIT AN ANNUAL EMISSIONS INVENTORY REPORT FOR A PERIOD NOT TO20
EXCEED SIXTY DAYS FROM APRIL 1 OF THE YEAR THAT AN ANNUAL21
EMISSIONS INVENTORY REPORT MUST BE SUBMITTED . ANY REQUEST FOR22
AN EXTENSION MUST BE IN WRITING AND SUBMITTED TO THE DIVISION AT23
LEAST FIFTEEN DAYS PRIOR TO APRIL 1 OF THE YEAR THAT AN ANNUAL24
EMISSIONS INVENTORY REPORT MUST BE SUBMITTED .25
(d) I
F THERE IS A CHANGE OF OWNERSHIP OR CONTROL OF THE26
STATIONARY SOURCE PRIOR TO APRIL 1 OF THE YEAR THAT AN ANNUAL27
HB22-1244
-14- EMISSIONS INVENTORY REPORT MUST BE SUBMITTED , THE OWNER OR1
OPERATOR AS OF APRIL 1 OF THAT YEAR IS RESPONSIBLE FOR SUBMITTING2
THE ANNUAL EMISSIONS INVENTORY REPORT REQUIRED UNDER3
SUBSECTION (5)(a) OF THIS SECTION.4
(e) T
HE DIVISION SHALL REVIEW ANY ANNUAL EMISSIONS5
INVENTORY REPORTS SUBMITTED UNDER SUBSECTION (5)(a) OF THIS6
SECTION FOR ACCURACY AND COMPLETENESS . IF THE DIVISION FINDS THAT7
AN ANNUAL EMISSIONS INVENTORY REPORT IS INACCURATE OR8
INCOMPLETE, THE DIVISION SHALL NOTIFY IN WRITING THE OWNER OR9
OPERATOR THAT SUBMITTED THE REPORT , AND THE OWNER OR OPERATOR10
MUST PROMPTLY SUBMIT ANY REQUESTED REVISIONS OR ADDITIONS11
WITHIN FORTY-FIVE DAYS AFTER NOTIFICATION BY THE DIVISION.12
(f) T
HE COMMISSION MAY ESTABLISH BY RULE A DE MINIMUS13
LEVEL OF ANNUAL EMISSIONS OF A TOXIC AIR CONTAMINANT OR CRITERIA14
AIR POLLUTANT BENEATH WHICH AN OWNER OR OPERATOR IS NOT15
REQUIRED TO REPORT ON THE EMISSIONS OF THE TOXIC AIR CONTAMINANT16
OR CRITERIA AIR POLLUTANT THROUGH AN ANNUAL EMISSIONS INVENTORY17
REPORT SUBMITTED PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION.18
(6) Toxic air contaminant monitoring program - rules.19
(a) B
EGINNING NO LATER THAN JANUARY 1, 2024, IN ADDITION TO THE20
FENCELINE MONITORING PROGRAM ESTABLISHED UNDER SECTION 25-7-14121
(5)
AND THE COMMUNITY -BASED MONITORING PROGRAM ESTABLISHED22
UNDER SECTION 25-7-141 (6), THE DIVISION SHALL DEVELOP AND BEGIN TO23
CONDUCT A MONITORING PROGRAM TO DETERMINE THE CONCENTRATIONS24
OF TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR OF THE STATE .25
(b) T
HE PROGRAM SHALL INCLUDE THE INSTALLATION AND26
OPERATION OF AT LEAST SIX LONG -TERM MONITORING SITES IN BOTH27
HB22-1244
-15- URBAN AND RURAL AREAS OF THE STATE . THE DIVISION SHALL ENSURE1
THAT AT LEAST THREE LONG-TERM MONITORING SITES ARE INSTALLED AND2
OPERATING BY JANUARY 1, 2024, AND THAT AT LEAST THREE ADDITIONAL3
LONG-TERM MONITORING SITES ARE INSTALLED AND OPERATING BY JULY4
1,
2025. EACH MONITORING SITE MUST HAVE THE ABILITY TO DETECT5
TRENDS IN CONCENTRATIONS OF VARIOUS TOXIC AIR CONTAMINANTS IN6
THE AMBIENT AIR OVER TIME AT THE SITE.7
(c) A
T A MINIMUM, A MONITORING SITE MUST MEASURE THE8
CONCENTRATIONS OF:9
(I) T
HE TOXIC AIR CONTAMINANTS IDENTIFIED IN SECTION 2.3 OF10
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "NATIONAL AIR11
T
OXICS TRENDS STATION WORK PLAN TEMPLATE (REVISED APRIL 2019)".12
F
OR THE MEASUREMENT OF A TOXIC AIR CONTAMINANT SPECIFIED IN THIS13
SUBSECTION (6)(c)(I), THE MEASUREMENT MUST MEET THE REQUIRED14
MINIMUM DETECTION LIMIT SPECIFIED FOR THE MEASURED AIR POLLUTANT15
IN SECTION 3.1 OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S16
"N
ATIONAL AIR TOXICS TRENDS STATION WORK PLAN TEMPLATE17
(R
EVISED APRIL 2019)" OR THE MOST RECENT VERSION.18
(II) T
HE TOXIC AIR CONTAMINANTS IDENTIFIED IN TABLE 1.2-1 OF19
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "TECHNICAL20
A
SSISTANCE DOCUMENT FOR THE NATIONAL AIR TOXICS TRENDS21
S
TATIONS PROGRAM (REVISION 3)" FROM OCTOBER 2016 OR THE MOST22
RECENT VERSION. FOR THE MEASUREMENT OF A TOXIC AIR CONTAMINANT23
SPECIFIED IN THIS SUBSECTION (6)(c)(II) AND ALL OTHER TOXIC AIR24
CONTAMINANTS MEASURED UNDER THE MONITORING PROGRAM , THE25
COMMISSION MUST SPECIFY BY RULE A METHOD DETECTION LIMIT FOR26
EACH TOXIC AIR CONTAMINANT PURS UANT TO APPENDIX B OF 40 CFR 136.27
HB22-1244
-16- (d) IN DETERMINING THE LOCATION OF THE MONITORING SITES , THE1
DIVISION SHALL:2
(I) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC3
MEETINGS WHERE MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO4
COMMENT ON THE DIVISION'S PROPOSED LOCATIONS FOR THE MONITORING5
SITES; AND6
(II) G
IVE PRIORITY TO LOCATIONS THAT ARE WITHIN A7
DISPROPORTIONATELY IMPACTED COMMUNITY AND AT THE GREATEST RISK8
FOR EXPOSURE TO TOXIC AIR CONTAMINANTS .9
(e) T
HE DIVISION MAY CHANGE THE LOCATION OF ANY10
MONITORING SITE AFTER FOLLOWING THE PROCEDURE AND REQUIREMENTS11
SPECIFIED IN SUBSECTION (6)(d) OF THIS SECTION.12
(f) N
O LATER THAN NOVEMBER 1, 2025, AND BY NOVEMBER 113
EVERY FIVE YEARS THEREAFTER , THE DIVISION SHALL PREPARE A DRAFT14
REPORT COVERING THE FINDINGS OF THE MONITORING SITES . THE DRAFT15
REPORT, AT A MINIMUM, MUST:16
(I) I
NCLUDE AN ANALYSIS OF THE CONCENTRATIONS OF TOXIC AIR17
CONTAMINANTS IN THE AMBIENT AIR AT EACH MONITORING SITE ;18
(II) I
DENTIFY TOXIC AIR CONTAMINANTS THAT MAY POSE A RISK19
TO PUBLIC HEALTH IN THE STATE. THE LIST MUST CONSIDER THE:20
(A) R
ISKS POSED BY INDIVIDUAL TOXIC AIR CONTAMINANTS ; AND21
(B) A
DVERSE HEALTH EFFECTS OF MULTIPLE TOXIC AIR22
CONTAMINANTS; AND23
(III) E
VALUATE THE EFFECTIVENESS OF THE MONITORING24
PROGRAM.25
(g) O
NCE THE DRAFT REPORT IS PREPARED , THE DIVISION SHALL26
POST THE DRAFT REPORT ON THE DIVISION'S WEBSITE. THE DIVISION SHALL27
HB22-1244
-17- PROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC M EETINGS AT1
WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO COMMENT ON2
THE DRAFT REPORT. THE DIVISION SHALL ALSO CONDUCT OUTREACH TO3
AND SOLICIT FEEDBACK FROM DISPROPORTIONATELY IMPACTED4
COMMUNITIES ON THE DRAFT REPORT .5
(h) I
N FINALIZING THE DRAFT REPORT , THE DIVISION SHALL6
INCLUDE IN THE DRAFT REPORT A SUMMARY OF ANY COMMENTS RECEIVED7
FROM THE PUBLIC AND DISPROPORTIONATELY IMPACTED COMMUNITIES8
AND IDENTIFY ANY SIGNIFICANT CH ANGES MADE TO THE DRAFT REPORT9
BASED ON SUCH COMMENTS .10
(i) N
O LATER THAN JULY 1, 2026, AND BY JULY 1 EVERY FIVE11
YEARS THEREAFTER, THE DIVISION SHALL FINALIZE THE DRAFT REPORT12
AND:13
(I) P
OST THE FINALIZED REPORT ON THE DIVISION'S WEBSITE; AND14
(II) S
UBMIT THE FINALIZED REPORT TO THE HEALTH AND HUMAN15
SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND16
ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES , OR ANY17
SUCCESSOR COMMITTEES . NOTWITHSTANDING SECTION 24-1-13618
(11)(a)(I),
THE REQUIREMENT TO REPORT TO THE LEGISLATIVE19
COMMITTEES CONTINUES INDEFINITELY .20
(7) Health-based standards - rules. (a) N
O LATER THAN JULY 1,21
2027,
THE COMMISSION SHALL, IN CONSULTATION WITH THE ADVISORY22
BOARD, ADOPT RULES THAT:23
(I) I
DENTIFY HIGH-RISK TOXIC AIR CONTAMINANTS BASED ON :24
(A) T
HE RISK OF HARM TO HUMAN HEALTH ;25
(B) D
ATA GATHERED THROUGH THE MONITORING PROGRAM26
ESTABLISHED UNDER SUBSECTION (6)(a) OF THIS SECTION, THE FENCELINE27
HB22-1244
-18- MONITORING PROGRAM ESTABLISHED UNDER SECTION 25-7-141 (5), THE1
COMMUNITY-BASED MONITORING PROGRAM ESTABLISHED UNDER SECTION2
25-7-141
(6), AND COMMUNITY-LED MONITORING PROGRAMS ;3
(C) Data provided to the division through the annual emissions4
inventory re
PORTS SUBMITTED TO THE DIVISION PURSUANT TO SUBSECTION5
(5)(a)
OF THIS SECTION;6
(D) D
ATA REPORTED TO THE FEDERAL TOXICS RELEASE7
INVENTORY PURSUANT TO 42 U.S.C. SEC. 11023; AND8
(E) A
NY OTHER RELEVANT DATA AVAILABLE TO THE COMMISSION9
CONCERNING THE AMOUNT OF EMISSIONS AND CONCENTRATIONS OF TOXIC10
AIR CONTAMINANTS IN THE AMBIENT AIR OF THE STATE ; AND11
(II) E
STABLISH HEALTH-BASED STANDARDS FOR HIGH-RISK TOXIC12
AIR CONTAMINANTS THAT ARE PROTECTIVE OF PUBLIC HEALTH AND13
CONSISTENT WITH CURRENT PEER -REVIEWED SCIENTIFIC DATA.14
(b) I
N DETERMINING THE HEALTH -BASED STANDARDS, THE15
COMMISSION SHALL:16
(I) R
EVIEW THE BEST AVAILABLE PEER-REVIEWED SCIENTIFIC DATA17
REGARDING THE LEVELS OF EXPOSURE TO TOXIC AIR CONTAMINANTS THAT18
MAY CAUSE OR CONTRIBUTE TO ACUTE OR CHRONIC HEALTH CONDITIONS ;19
(II) S
ET HEALTH-BASED STANDARDS THAT ARE NO LESS20
PROTECTIVE THAN THE MOST STRINGENT HEALTH -BASED STANDARDS21
ADOPTED IN OTHER STATES OR JURISDICTIONS ;22
(III) C
ONSIDER THE EFFECTS OF EXPOSURE TO TOXIC AIR23
CONTAMINANTS TO VULNERABLE GROUPS OF THE STATE , INCLUDING24
DISPROPORTIONATELY IMPACTED COMMUNITIES , INFANTS, CHILDREN,25
FETUSES, THE ELDERLY, AND PEOPLE WITH DISABILITIES;26
(IV) C
ONSIDER BOTH CANCER -RELATED HEALTH RISKS AND27
HB22-1244
-19- NON-CANCER-RELATED HEALTH RISKS. ANY CANCER-RELATED HEALTH1
RISKS ALLOWED BY THE HEALTH -BASED STANDARDS SHALL NOT EXCEED2
A LIFETIME CANCER RISK OF FIFTY IN ONE MILLION PEOPLE.3
(V) P
ROVIDE FOR A SUFFICIENT MARGIN OF SAFETY THAT4
ACCOUNTS FOR THE VARIOUS EFFECTS THAT DIFFERENT POPULATIONS MAY5
EXPERIENCE FROM EXPOSURE TO TOXIC AIR CONTAMINANTS ; AND6
(VI) F
OR ANY UNCERTAIN OR UNKNOWN HEALTH RISKS , ERR ON7
THE SIDE OF PROTECTING HUMAN HEALTH .8
(c) B
EGINNING NO LATER THAN JULY 1, 2032, AND BY JULY 19
EVERY FIVE YEARS THEREAFTER , OR MORE FREQUENTLY IF THE10
COMMISSION DEEMS IT APPROPRIATE TO DO SO , INCLUDING PURSUANT TO11
A REQUEST BY A PERSON BASED ON NEW OR UPDATED PEER -REVIEWED12
SCIENTIFIC DATA RELATED TO THE ADVERSE HEALTH EFFECTS OF A TOXIC13
AIR CONTAMINANT, THE COMMISSION SHALL, IN CONSULTATION WITH THE14
ADVISORY BOARD:15
(I) D
ETERMINE WHETHER TO IDENTIFY ANY ADDITI ONAL HIGH -RISK16
TOXIC AIR CONTAMINANTS BASED ON THE DATA DESCRIBED IN SUBSECTION17
(7)(a)(I)
OF THIS SECTION;18
(II) A
DOPT HEALTH-BASED STANDARDS FOR ANY ADDITIONAL19
HIGH-RISK TOXIC AIR CONTAMINANTS IDENTIFIED BY THE COMMISSION IN20
ACCORDANCE WITH THE CONSIDERATIONS SET FORTH IN SUBSECTION21
(7)(b)
OF THIS SECTION;22
(III) R
EVIEW EXISTING HEALTH-BASED STANDARDS TO ENSURE23
THAT THE STANDARDS SUFFICIENTLY PROTECT PUBLIC HEALTH ; AND24
(IV) D
ETERMINE WHETHER TO REVISE THE EXISTING25
HEALTH-BASED STANDARDS IN ACCORDANCE WITH THE CONSIDERATIONS26
SET FORTH IN SUBSECTION (7)(b) OF THIS SECTION AND ADOPT RULES TO27
HB22-1244
-20- THAT EFFECT.1
(8) Airborne toxic control measures - rules. (a) N
O LATER2
THAN JULY 1, 2027, THE COMMISSION SHALL ADOPT AIRBORNE TOXIC3
CONTROL MEASURES BY RULE FOR EACH HIGH -RISK TOXIC AIR4
CONTAMINANT. THE AIRBORNE TOXIC CONTROL MEASURES SHALL BE5
DESIGNED:6
(I) B
ASED ON THE TYPES AND LEVELS OF HIGH -RISK TOXIC AIR7
CONTAMINANTS THAT DIFFERENT TYPES OF STATIONARY SOURCES AND8
INDUSTRIES EMIT; AND9
(II) T
O ACHIEVE THE MAXIMUM DEGREE OF REDUCTIONS IN THE10
EMISSIONS OF HIGH-RISK TOXIC AIR CONTAMINANTS NECESSARY TO11
ENSURE THAT EMISSIONS DO NOT RESULT IN OR CONTRIBUTE TO12
CONCENTRATIONS OF HIGH -RISK TOXIC AIR CONTAMINANTS IN THE13
AMBIENT AIR AT OR IN EXCESS OF THE APPLICABLE HEALTH -BASED14
STANDARDS.15
(b) I
N DETERMINING THE AIRBORNE TOXIC CONTROL MEASURES ,16
THE COMMISSION SHALL CONSIDER :17
(I) A
NY AIRBORNE TOXIC CONTROL MEASURES ADOPTED FOR18
HIGH-RISK TOXIC AIR CONTAMINANTS IN OTHER STATES OR JURISDICTIONS ;19
(II) T
HE PRESENT AND ANTICIPATED EMISSION LEVELS OF A20
HIGH-RISK TOXIC AIR CONTAMINANT AND ANY ASSOCIATED IMPACTS OF21
SUCH EMISSION LEVELS ON CONCENTRATIONS OF THE HIGH -RISK TOXIC AIR22
CONTAMINANT IN THE AMBIENT AIR ;23
(III) T
HE STABILITY, PERSISTENCE, TRANSFORMATION PRODUCTS ,24
DISPERSION POTENTIAL, AND OTHER PHYSICAL AND CHEMICAL25
CHARACTERISTICS OF A HIGH -RISK TOXIC AIR CONTAMINANT WHEN26
PRESENT IN THE AMBIENT AIR;27
HB22-1244
-21- (IV) THE CATEGORIES, NUMBERS, AND RELATIVE CONTRIBUTION1
OF PRESENT OR ANTICIPATED STATIONARY SOURCES OF A HIGH -RISK TOXIC2
AIR CONTAMINANT;3
(V) T
HE ABILITY OF AIRBORNE TOXIC CONTROL MEASURES TO4
REDUCE OR ELIMINATE THE EMISSIONS OF A HIGH -RISK TOXIC AIR5
CONTAMINANT, INCLUDING NON-EMITTING ALTERNATIVE PROCESSES AND6
CONTROL TECHNOLOGIES ;7
(VI) T
HE ANTICIPATED EFFECT OF AIRBORNE TOXIC CONTROL8
MEASURES ON LEVELS OF EXPOSURE TO A HIGH -RISK TOXIC AIR9
CONTAMINANT;10
(VII) T
HE DEGREE THAT RECENT TECHNOLOGICAL ADVANCEMENTS11
OR OTHER IMPROVEMENTS THAT AN OWNER OR OPERATOR HAS12
IMPLEMENTED AFFECTS THE STATIONARY SOURCE 'S LEVEL OF EMISSIONS13
OF A HIGH-RISK TOXIC AIR CONTAMINANT;14
(VIII) T
HE AVAILABILITY, SUITABILITY, AND RELATIVE EFFICACY15
OF A LESS HAZARDOUS SUBSTITUTE FOR A HIGH -RISK TOXIC AIR16
CONTAMINANT; AND17
(IX) T
HE POTENTIAL ADVERSE HEALTH , SAFETY, OR18
ENVIRONMENTAL IMPACTS THAT MAY OCCUR AS A RESULT OF AN19
AIRBORNE TOXIC CONTROL MEASURE .20
(c) B
EGINNING NO LATER THAN JULY 1, 2032, AND BY JULY 121
EVERY FIVE YEARS THEREAFTER , OR MORE FREQUENTLY IF THE22
COMMISSION DEEMS IT APPROPRIATE TO DO SO , INCLUDING PURSUANT TO23
A REQUEST BY ANY PERSON BASED ON NEW OR UPDATED PEER -REVIEWED24
SCIENTIFIC DATA, THE COMMISSION SHALL:25
(I) A
DOPT AIRBORNE TOXIC CONTROL MEASURES FOR ANY26
ADDITIONAL HIGH-RISK TOXIC AIR CONTAMINANTS IDENTIFIED BY THE27
HB22-1244
-22- COMMISSION IN ACCORDANCE WITH SUBSECTION (7)(c)(I) OF THIS1
SECTION;2
(II) R
EVIEW EXISTING AIRBORNE TOXIC CONTROL MEASURES TO3
ENSURE THAT THE MEASURES ARE ACHIEVING THE MAXIMUM DEGREE OF4
REDUCTIONS IN THE EMISSIONS OF HIGH-RISK TOXIC AIR CONTAMINANTS5
NECESSARY TO ENSURE THAT EMISSIONS DO NOT RESULT IN OR6
CONTRIBUTE TO CONCENTRATIONS OF HIGH -RISK TOXIC AIR7
CONTAMINANTS IN THE AMBIENT AIR AT OR IN EXCESS OF THE APPLICABLE8
HEALTH-BASED STANDARDS; AND9
(III) D
ETERMINE WHETHER TO REVISE THE EXISTING AIRBORNE10
TOXIC CONTROL MEASURES IN ACCORDANCE WITH THE CONSIDERATIONS11
SET FORTH IN SUBSECTION (8)(b) OF THIS SECTION.12
(d) I
N REVIEWING AND APPROVING AIR POLLUTION PERMITS UNDER13
SECTION 25-7-114.3, THE DIVISION SHALL INCLUDE ANY APPLICABLE14
AIRBORNE TOXIC CONTROL MEASURES IN THE PERMIT .15
(9) Air pollution permits for new or modified sources of toxic16
air contaminants - rules. (a) B
EGINNING ON JULY 1, 2027, WHEN17
APPLYING FOR A NEW OR MODIFIED AIR POLLUTION PERMIT UNDER THIS18
ARTICLE 7 THAT IS SUBJECT TO THE NEW SOURCE REVIEW REQUIREMENTS19
OF THE FEDERAL ACT, INCLUDING MINOR SOURCE NEW SOURCE REVIEW , IN20
ADDITION TO ANY OTHER AIR POLLUTION PERMIT REQUIREMENTS21
ESTABLISHED UNDER THIS ARTICLE 7, THE OWNER OR OPERATOR MUST :22
(I) A
NALYZE THE IMPACTS OF THE STATIONARY SOURCE 'S23
EMISSIONS OF TOXIC AIR CONTAMINANTS ON THE CONCENTRATIONS OF24
TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR , BASED ON THE25
STATIONARY SOURCE'S POTENTIAL TO EMIT TOXIC AIR CONTAMINANTS ,26
WHICH MAY INCLUDE THE USE OF MODELING OR OTHER METHODS USED TO27
HB22-1244
-23- ESTIMATE IMPACTS OF EMISSIONS ON THE AMBIENT AIR , AS DETERMINED1
BY THE COMMISSION BY RULE; AND2
(II) S
UBMIT THE RESULTS OF THE ANALYSIS TO THE DIVISION AS3
PART OF ITS AIR POLLUTION PERMIT APPLICATION.4
(b) T
HE DIVISION MAY ONLY APPROVE A NEW OR MODIFIED AIR5
POLLUTION PERMIT IF, BASED ON THE RESULTS OF THE ANALYSIS , THE6
DIVISION FINDS THAT THE POTENTIAL LEVEL OF EMISSIONS OF TOXIC AIR7
CONTAMINANTS FROM THE STATIONARY SOURCE WILL NOT RESULT IN OR8
CONTRIBUTE TO CONCENTRATIONS IN THE AMBIENT AIR AT OR IN EXCESS9
OF THE APPLICABLE HEALTH-BASED STANDARDS.10
(c) I
N ALL AIR POLLUTION PERMITS DESCRIBED UNDER SUBSECTION11
(9)(a)
OF THIS SECTION THAT THE DIVISION APPROVES , THE DIVISION12
SHALL:13
(I) R
EQUIRE IN THE PERMIT THAT THE STATIONARY SOURCE DOES14
NOT EMIT LEVELS OF HIGH -RISK TOXIC AIR CONTAMINANTS THAT15
CONTRIBUTE TO CONCENTRATIONS IN THE AMBIENT AIR AT OR IN EXCESS16
OF THE APPLICABLE HEALTH-BASED STANDARDS;17
(II) I
NCLUDE ANY APPLICABLE AIRBORNE TOXIC CONTROL18
MEASURES IN THE PERMIT; AND19
(III) E
NSURE THAT ANY EMISSION LIMITS INCLUDED IN THE PERMIT20
ARE FEDERALLY AND PRACTICALLY ENFORCEABLE AND INCLUDE21
ADEQUATE TESTING, MONITORING, RECORD KEEPING, AND PUBLICLY22
AVAILABLE REPORTING TO ENSURE COMPLIANCE WITH THE REQUIREMENTS23
INCLUDED IN THE PERMIT PURSUANT TO SUBSECTION (9)(c)(I) OF THIS24
SECTION.25
(10) Air pollution permits for existing sources of toxic air26
contaminants - rules. (a) B
EGINNING ON JULY 1, 2027, TO PROTECT27
HB22-1244
-24- PUBLIC HEALTH AND THE ENVIRONMENT , AND TO ENSURE COMPLIANCE1
WITH THIS SECTION, THE DIVISION MAY REOPEN ANY EXISTING AIR2
POLLUTION PERMITS PURSUANT TO SECTION 25-7-114.5 (12.5)(a)(I)(F).3
T
HE DIVISION SHALL PRIORITIZE THE REOPENING OF ANY AIR POLLUTION4
PERMITS ISSUED FOR STATIONARY SOURCES THAT ARE IN5
DISPROPORTIONATELY IMPACTED COMMUNITIES WITH SIGNIFICANT LEVELS6
OF TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR .7
(b) I
F THE DIVISION REOPENS AN AIR POLLUTION PERMIT PURSUANT8
TO SECTION 25-7-114.5 (12.5)(a)(I)(F), THE DIVISION SHALL PROVIDE9
WRITTEN NOTICE TO THE OWNER OR OPERATOR . THE OWNER OR OPERATOR10
MUST:11
(I) A
NALYZE THE IMPACTS OF THE STATIONARY SOURCE 'S12
EMISSIONS OF TOXIC AIR CONTAMINANTS ON CONCENTRATIONS OF TOXIC13
AIR CONTAMINANTS IN THE AMBIENT AIR , BASED ON THE STATIONARY14
SOURCE'S POTENTIAL TO EMIT TOXIC AIR CONTAMINANTS , WHICH MAY15
INCLUDE THE USE OF MODELING OR OTHER METHODS USED TO ESTIMATE16
IMPACTS OF EMISSIONS ON THE AMBIENT AIR , AS DETERMINED BY THE17
COMMISSION BY RULE; AND18
(II) S
UBMIT THE RESULTS OF THE ANALYSIS TO THE DIVISION19
WITHIN SIXTY DAYS AFTER THE WRITTEN NOTICE .20
(c) I
F, BASED ON THE RESULTS OF THE ANALYSIS , THE DIVISION21
FINDS THAT THE STATIONARY SOURCE 'S LEVELS OF EMISSIONS OF TOXIC22
AIR CONTAMINANTS RESULT IN OR CONTRIBUTE TO CONCENTRATIONS IN23
THE AMBIENT AIR AT OR IN EXCESS OF ANY APPLICABLE HEALTH -BASED24
STANDARDS, THE DIVISION:25
(I) S
HALL, PURSUANT TO STANDARDS DETERMINED BY THE26
COMMISSION BY RULE, REQUIRE A DECREASE OR CESSATION IN THE27
HB22-1244
-25- APPLICABLE TOXIC AIR CONTAMINANT EMISSIONS OVER THE SHORTEST1
PRACTICABLE TIME, IN NO EVENT TO EXCEED NINETY DAYS , UNTIL THE2
LEVELS OF EMISSIONS NO LONGER RESULT IN OR CONTRIBUTE TO3
CONCENTRATIONS IN THE AMBIENT AIR AT OR IN EXCESS OF ANY4
APPLICABLE HEALTH-BASED STANDARDS; AND5
(II) M
AY PROCEED PURSUANT TO SECTION 25-7-112 OR 25-7-113.6
(d) I
N ALL AIR POLLUTION PERMITS REOPENED UNDER THIS7
SUBSECTION (10), THE DIVISION SHALL:8
(I) R
EQUIRE IN THE PERMIT THAT THE STATIONARY SOURCE DOES9
NOT EMIT LEVELS OF HIGH -RISK TOXIC AIR CONTAMINANTS THAT10
CONTRIBUTE TO CONCENTRATIONS IN THE AMBIENT AIR AT OR IN EXCESS11
OF THE APPLICABLE HEALTH-BASED STANDARDS;12
(II) I
NCLUDE ANY APPLICABLE AIRBORNE TOXIC CONTROL13
MEASURES; AND14
(III) E
NSURE THAT ANY EMISSION LIMITS INCLUDED IN THE PERMIT15
ARE FEDERALLY AND PRACTICALLY ENFORCEABLE AND INCLUDE16
ADEQUATE TESTING, MONITORING, RECORD KEEPING, AND PUBLICLY17
AVAILABLE REPORTING TO ENSURE COMPLIANCE WITH THE REQUIREMENTS18
INCLUDED IN THE PERMIT PURSUANT TO SUBSECTION (10)(d)(I) OF THIS19
SECTION.20
(11) Enforcement. T
HE DIVISION SHALL ENFORCE , IN21
ACCORDANCE WITH SECTION 25-7-115, ANY VIOLATIONS OF THIS SECTION,22
INCLUDING FALSIFYING INFORMATION REPORTED IN AN ANNUAL EMISSIONS23
INVENTORY REPORT SUBMITTED UNDER SUBSECTION (5)(a) OF THIS24
SECTION AND FAILING TO PROVIDE AN ANNUAL EMISSIONS INVENTORY25
REPORT WITHIN THE TIME PERIOD REQUIRED UNDER SUBSECTION (5)(a) OF26
THIS SECTION.27
HB22-1244
-26- SECTION 3. In Colorado Revised Statutes, 25-7-109.3, amend1
(1), (2), (4)(a)(I), and (4)(h)(III); and repeal (3)(b), (3)(b.1), (3)(f), and2
(3)(g) as follows:3
25-7-109.3. Colorado hazardous air pollutant control and4
reduction program - rules - repeal. (1) The commission shall5
promulgate appropriate regulations RULES pertaining to hazardous air6
pollutants as defined in section 25-7-103 (13) which THAT are consistent7
with this section,
SECTION 25-7-109.5, and the requirements of and8
emission standards promulgated pursuant to section 112 of the federal act,9
including any standard required to be imposed under section 112(r) of the10
federal act. The commission shall monitor the progress and results of the11
risk studies performed under section 112 of the federal act to show that12
Colorado's hazardous air pollutant control and reduction program is13
consistent with
AT LEAST AS PROTECTIVE AS the national strategy.14
(2) Except as provided in section 25-7-114.4 (5), The commission15
may only promulgate rules pertaining to hazardous air pollutants as16
defined in section 25-7-103 (13) in accordance with this section, SECTION17
25-7-109.5,
AND SECTION 25-7-114.4. In order to minimize additional18
regulatory and compliance costs to the state's economy, any program19
created by the commission pursuant to this section must
MAY contain a20
provision that exempts
FROM THE REQUIREMENTS OF THE PROGRAM those21
sources or categories of sources that it determines to be of minor22
significance. from the requirements of the program.
Consistent with the23
provisions of section 25-7-105.1, the commission shall authorize24
synthetic minor sources of hazardous air pollutants by the issuance of25
construction permits or prohibitory or other rules. Such permits or rules26
must only be as stringent as necessary to establish synthetic minor status.27
HB22-1244
-27- The commission shall expeditiously implement this subsection (2) to1
assure ENSURE that all sources may be able to timely qualify as a synthetic2
minor source, thereby avoiding the costs of the operating permit program.3
(3) (b) This section shall only apply to sources emitting a4
hazardous air pollutant identified in the list established or amended5
pursuant to subsection (5) of this section which:6
(I) Are not included in categories or subcategories of sources7
listed or proposed to be listed by the environmental protection agency8
under section 112 of the federal act and thus will not be required to9
comply with GACT or MACT under the federal act, as defined in section10
25-7-103 (12.1) and (16.5); or11
(II) Are included in categories or subcategories of sources listed12
or proposed to be listed under section 112 of the federal act and which13
have:14
(A) Levels of emissions of hazardous air pollutants listed under15
section 112 (b) of the federal act which are below thresholds established16
under the federal act and thus will not be required to comply with GACT17
and MACT under the federal act and as defined in section 25-7-10318
(12.1) and (16.5); except that this section shall not apply to a source19
included in a category or subcategory for which a lesser quantity emission20
rate has been proposed or adopted under section 112 of the federal act; or21
(B) Hazardous air pollutant emissions above a threshold level of22
the substance listed under subparagraph (II) of paragraph (a) and23
paragraph (b) of subsection (5) of this section.24
(b.1) The commission may recognize similarities among regulated25
sources or apply, when appropriate, previous control requirements26
established by the commission in making a determination about the need27
HB22-1244
-28- for such regulation under this subsection (3). The commission shall also1
consider fundamentally different factors between sources in making these2
determinations.3
(f) This section shall not apply to sources subject to national4
emission standards for hazardous air pollutants (NESHAP) established by5
the administrator pursuant to the federal act, but only for those emissions6
for which a NESHAP is established.7
(g) This section shall not impose requirements on sources8
included in categories or subcategories of sources which are listed in9
section 112(n) of the federal act which are inconsistent with the timing of10
studies or assessments conducted under or definitions set forth in section11
112(n) of the federal act. 12
(4) (a) (I) On or after the risk-based studies required under13
sections 112(k)(3), 112(o), and 112(f) of the federal act are completed14
and received by the commission, The commission may adopt regulations15
RULES pertaining to those sources identified as emitting hazardous air16
pollutants regulated under this section, which may include additional17
emission reduction requirements to address any residual risk of health18
effects with respect to actual persons living in the vicinity of sources after19
installation of technology-based controls. Imposition of such20
requirements may be made
PURSUANT TO SECTION 25-7-109.5 OR upon a21
determination by the commission that operation of sources without22
health-based controls does not or will not represent an inconsequential23
threat to public health. Regulations
RULES as finally adopted pursuant to24
this subsection (4) may apply on a source-specific basis.25
(h) Temporary exceptional authority. (III) This paragraph (h)26
shall remain effective only until such time as the commission acts27
HB22-1244
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SUBSECTION (4)(h) IS REPEALED, EFFECTIVE JULY 1, 2026.2
SECTION 4. In Colorado Revised Statutes, 25-7-114.5, amend3
(12.5)(a)(I)(D), (12.5)(a)(I)(E), and (12.5)(b)(V); and add (12.5)(a)(I)(F)4
as follows:5
25-7-114.5. Application review - public participation.6
(12.5) (a) (I) Except for sources involved in agricultural, horticultural, or7
floricultural production, such as farming, seasonal crop drying, animal8
feeding, or pesticide application, upon determination by the division that9
the criteria set forth in subsection (12.5)(b) of this section applies to a10
source that is not required to obtain a renewable operating permit, the11
division may reopen such construction permit for the purpose of imposing12
any or all of the following additional terms and conditions:13
(D) Emission control requirements pursuant to section 25-7-109.3;14
and15
(E) Additional monitoring requirements for sources affecting16
disproportionately impacted communities;
AND17
(F) A
DDITIONAL REQUIREMENTS FOR THE EMISSIONS OF TOXIC AIR18
CONTAMINANTS, AS DEFINED IN SECTION 25-7-109.5 (1)(p), PURSUANT TO19
SECTION 25-7-109.5 (9) AND (10).20
(b) With the exception of those sources involved in agricultural,21
horticultural, or floricultural production, such as farming, seasonal crop22
drying, animal feeding, and pesticide application, a source's construction23
permit may be reopened for cause for the purposes of subsection (12.5)(a)24
of this section only upon a determination by the division that the location25
of the source is significant in terms of its proximity to residential or26
business areas or a disproportionately impacted community, and one or27
HB22-1244
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(V) The emissions from the source will threaten public health, as2
determined pursuant to section 25-7-109.3 SECTION 25-7-109.3 OR3
25-7-109.5; or4
SECTION 5. Applicability. This act applies to conduct occurring5
on or after the effective date of this act.6
SECTION 6. Safety clause. The general assembly hereby finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety.9
HB22-1244
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