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 -29- pursuant to its authority under paragraph (a) of this subsection (4)1 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 -30- more of the following criteria apply to the permitted source:1 (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 -31-