Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0552.01 Sarah Lozano x3858
HOUSE BILL 22-1244
House Committees Senate Committees
Energy & Environment
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCRE ASE PUBLIC PROTECTION FROM101
TOXIC AIR
CONTAMINANTS, AND, IN CONNECTION THEREWITH,102
MAKING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates a new program to regulate a subset of air
pollutants, referred to as "toxic air contaminants", which are defined as
hazardous air pollutants, covered air toxics, and all other air pollutants
that the air quality control commission (commission) designates by rule
as a toxic air contaminant based on its adverse health effects. In
HOUSE
Amended 2nd Reading
May 5, 2022
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. implementing the program, the commission has the authority to adopt
rules that are more stringent than the corresponding requirements of the
federal "Clean Air Act".
Beginning no later than January 1, 2024, and every 5 years
thereafter, the commission will review the list of existing toxic air
contaminants and determine whether to add any additional toxic air
contaminants to the list.
On or before April 1 of each year, beginning on April 1, 2024,
owners and operators of major and synthetic minor sources of pollution
will submit to the division of administration (division) in the department
of public health and environment (department) an annual emissions
inventory report that reports the levels of criteria air pollutants and toxic
air contaminants that were emitted by the source in the preceding calendar
year, beginning with January 1, 2023, to December 31, 2023.
Beginning no later than January 1, 2024, the division will develop
a monitoring program to determine the concentration of toxic air
contaminants in the ambient air of the state. The monitoring program will
establish at least 6 long-term monitoring sites throughout urban and rural
areas of the state. The division must provide public notice of and an
opportunity to comment on the locations of the monitoring sites.
On or before November 1, 2025, and at least every 5 years
thereafter, the division will prepare a report summarizing the findings of
the monitoring program, provide public notice of and an opportunity to
comment on the report, and submit the report to the general assembly.
Beginning no later than July 1, 2027, the commission will identify
by rule toxic air contaminants that may pose a risk of harm to public
health in the state (high-risk toxic air contaminants) and adopt
health-based standards and emissions limitations (airborne toxic control
measures) for high-risk toxic air contaminants.
On or before July 1, 2032, and at least every 5 years thereafter, the
commission will review the health-based standards and airborne toxic
control measures to determine if the commission should:
! Identify any additional high-risk toxic air contaminants;
and
! Adjust the existing health-based standards and airborne
toxic control measures.
Beginning on July 1, 2027, when applying for a new or modified
air pollution permit that is subject to the new source review requirements
of the federal "Clean Air Act", the owner or operator of a stationary
source of pollution must submit an analysis of the impacts of the
stationary source's emissions of toxic air contaminants on concentrations
of toxic air contaminants in the ambient air. The division may only
approve the application if the division determines, based on the analysis,
that the source's emissions will not contribute to an increase in
concentrations in the ambient air at or in excess of a health-based
1244
-2- standard.
Beginning on July 1, 2027, to protect public health and the
environment, the division may reopen any existing air pollution permits
and require the owner or operator of a stationary source of pollution to
submit to the division an analysis of the impacts of the stationary source's
emissions of toxic air contaminants on concentrations of toxic air
contaminants in the ambient air. If the division determines, based on the
analysis, that the source's emissions contribute to concentrations in the
ambient air at or in excess of a health-based standard, the division may
require a decrease or cessation in the applicable emissions over the
shortest practicable time until the emissions no longer contribute to
concentrations in the ambient air at or in excess of a health-based
standard.
The bill also creates the toxic air contaminant scientific advisory
board (advisory board) in the department. The advisory board consists of
3 voting members appointed by the executive director of the department
and a nonvoting member representing the department. Each member of
the advisory board shall:
! Be professionally active or engaged in scientific research;
! Be highly qualified to evaluate health effects from
exposure to toxic substances; and
! Have expertise in pathology, oncology, epidemiology, or
toxicology.
The advisory board will advise the commission on identifying
toxic air contaminants and high-risk toxic air contaminants, establishing
and revising health-based standards for high-risk toxic air contaminants,
and reviewing and revising the list of covered air toxics.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) Public health, safety, and welfare are endangered by the4
emission of toxic air contaminants into the ambient air;5
(b) Coloradans are exposed to a multitude of toxic air6
contaminants from numerous sources
and background levels in the7
ambient air that may act cumulatively to produce adverse impacts to8
public health, and these impacts must be taken into account when9
regulating toxic air contaminants;10
1244-3- (c) The identification and regulation of toxic air contaminants1
should utilize the best-available scientific evidence gathered from the2
public, private industry, the scientific community, and global, federal,3
state, and local agencies;4
(d) Emissions of toxic air contaminants should be monitored and5
controlled to levels that avoid, minimize, or mitigate harm to public6
health and the environment; and7
(e) While there are federal and state programs in Colorado to8
control air pollutants subject to the national ambient air quality standards,9
there are no federal or state programs in Colorado to establish10
health-based ambient air quality standards for toxic air contaminants.11
(2) The general assembly further finds and declares that it is the12
policy of the state to:13
(a) Prioritize and protect the health and well-being of all14
Coloradans, with a particular focus on sensitive and vulnerable groups,15
such as children, infants, fetuses, the elderly, people with disabilities, and16
people in disproportionately impacted communities;17
(b) Analyze public health risks from toxic air contaminant18
emissions from sources based on verified science and reporting of19
emissions data, including consideration of background levels in the20
ambient air;21
(c) Consider regulations of toxic air contaminants in other states22
and jurisdictions in developing state regulations;23
(d) Use a science-based, consistent, and transparent process for24
communicating and addressing risks from emissions of toxic air25
contaminants; and26
(e) Meaningfully reduce exposure to toxic air contaminant27
1244
-4- emissions through state regulation.1
(3) The general assembly therefore declares that the state should2
control and reduce the emissions of toxic air contaminants through the3
identification of toxic air contaminants, the reporting of emissions data,4
and the setting of protective health-based standards and effective 5
emission control regulations.6
SECTION 2. In Colorado Revised Statutes, 25-7-103, amend7
(11) introductory portion and (11)(a) as follows:8
25-7-103. Definitions. As used in this article 7, unless the context9
otherwise requires:10
(11) "Emission control regulation" means and includes any11
standard promulgated by regulation which THAT is applicable to all air12
pollution sources within a specified area and which THAT prohibits or13
establishes permissible limits for specific types of emissions in such area;14
and also any regulation which THAT by its terms is applicable to a15
specified type of facility, process, or activity for the purpose of16
controlling the extent, degree, or nature of pollution emitted from such17
type of facility, process, or activity; any regulation adopted for the18
purpose of preventing or minimizing emission of any air pollutant in19
potentially dangerous quantities; and also any regulation that adopts any20
design, equipment, work practice, or operational standard. EXCEPT AS21
PROVIDED IN SECTION 25-7-109.5, emission control regulations shall not22
include standards which THAT describe maximum ambient air23
concentrations of specifically identified pollutants or which THAT24
describe varying degrees of pollution of ambient air. Emission control25
regulations pertaining to hazardous air pollutants, as defined in subsection26
(13) of this section, AND TOXIC AIR CONTAMI NANTS DESIGNATED27
1244
-5- PURSUANT TO SECTION 25-7-109.5, shall be consistent with the emission1
standards promulgated under section 112 of the federal act or section2
SECTIONS 25-7-109.3 OR 25-7-109.5 in reducing or preventing emissions3
of hazardous air pollutants and may include application of measures,4
processes, methods, systems, or techniques, including, but not limited to,5
measures which THAT:6
(a) Reduce the volume of, or eliminate emissions of, such7
pollutants through process changes, EMISSIONS LIMITATIONS, CONTROL8
TECHNOLOGIES, substitution of materials, or other modifications;9
SECTION 3. In Colorado Revised Statutes, 25-7-109, amend10
(2)(c) and (2)(h) as follows:11
25-7-109. Commission to promulgate emission control12
regulations. (2) Such emission control regulations may include, but shall13
not be limited to, regulations pertaining to:14
(c) Sulfur oxides, sulfuric acids, ORGANIC SULFIDES, hydrogen15
sulfide, nitrogen oxides, carbon oxides, hydrocarbons, fluorides, and any16
other chemical substance;17
(h) Hazardous air pollutants AND TOXIC AIR CONTAMINANTS, AS18
DEFINED IN SECTION 25-7-109.5 (1)(j).19
SECTION 4. In Colorado Revised Statutes, add 25-7-109.5 as20
follows:21
25-7-109.5. Toxic air contaminants - annual toxic emissions22
reporting program - monitoring program - health-based standards23
- emission control regulations - air pollution permits - rules -24
enforcement - definitions. (1) Definitions. A
S USED IN THIS SECTION,25
UNLESS THE CONTEXT OTHERWISE REQUIRES :26 27
1244
-6- (a) "ADVERSE HEALTH EFFECTS " MEANS THE DETRIMENTAL1
HEALTH EFFECTS FROM EXPOSURE TO EMISSIONS OF A TOXIC AIR2
CONTAMINANT, INCLUDING THE CUMULATIVE EFFECTS TO HEALTH3
FROM EXPOSURE TO THE COMBINED AIR EMISSIONS OF THE TOXIC AIR4
CONTAMINANT FROM MULTIPLE SOURCES , WHETHER THE EMISSIONS ARE5
EMITTED ROUTINELY, INTERMITTENTLY, OR ACCIDENTALLY.6
7
(b) "COMMUNITY-LED MONITORING PROGRAMS " MEANS AIR8
MONITORING AND DATA COLLECTION , CONCERNING CONCENTRATIONS OF9
TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR , CONDUCTED BY LOCAL10
GOVERNMENTS, NONGOVERNMENTAL ORGANIZATIONS , OR COMMUNITY11
GROUPS THAT IS AT LEAST AS STRINGENT AS THE SECOND EDITION OF THE12
FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "COMPENDIUM OF13
M
ETHODS FROM THE DETERMINATION OF TOXIC ORGANIC COMPOUNDS14
IN AMBIENT AIR".15 16
(c) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH17
AND ENVIRONMENT.18
(d) "DISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE19
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).20
21
(e) "HEALTH-BASED STANDARDS" MEANS, AS DETERMINED BY THE22
COMMISSION BY RULE UNDER SUBSECTION (6)(a)(II) OF THIS SECTION, THE23
CHRONIC EXPOSURE LIMITS FOR EACH PRIORITY TOXIC AIR CONTAMINANT24
REQUIRED TO PROTECT THE PUBLIC FROM ADVERSE HEALTH EFFECTS ,25
ALLOWING FOR AN AMPLE MARGIN OF SAFETY , REPRESENTED AS26
BENCHMARK NUMERICAL CONCENTRATIONS IN THE AMBIENT AIR .27
1244
-7- 1
(f) "PRIORITY TOXIC AIR CONTAMINANT" MEANS, AS DETERMINED2
BY THE COMMISSION BY RULE UNDER SUBSECTION (6)(a)(I) OF THIS3
SECTION, TOXIC AIR CONTAMINANTS THAT MAY POSE A RISK OF HARM TO4
PUBLIC HEALTH.5
(g) (I) "SCIENTIFIC COMMUNITY" MEANS INDIVIDUALS WHO6
ARE PROFESSIONALLY OR ACADEMICALLY ENGAGED IN SCIENTIFIC7
RESEARCH ABOUT ADVERSE HEALTH EFFECTS FROM EXPOSURE TO TOXIC8
SUBSTANCES AND HAVE EXPERTISE IN FIELDS THAT INCLUDE PATHOLOGY,9
ONCOLOGY, EPIDEMIOLOGY, OR TOXICOLOGY.10
(II) "SCIENTIFIC COMMUNITY" INCLUDES INDIVIDUALS WITH11
EXPERIENCE IN THE FIELDS OF ATMOSPHERIC PHYSICS, METEOROLOGY, OR12
AMBIENT MONITORING OR EXPERIENCE ASSESSING THE IMPACTS OF13
EMISSIONS OF TOXIC AIR CONTAMINANTS ON CONCENTRATIONS IN THE14
AMBIENT AIR.15
(h) "SYNTHETIC MINOR SOURCE " HAS THE MEANING SET FORTH IN16
SECTION 25-7-114 (6).17
(i) "TOXIC AIR CONTAMINANT" MEANS:18
(I) A
HAZARDOUS AIR POLLUTANT;19
(II) A
COVERED AIR TOXIC, AS DEFINED IN SECTION 25-7-14120
(2)(b);
OR21
(III) A
NY OTHER AIR POLLUTANT THAT THE COMMISSION22
DESIGNATES AS A TOXIC AIR CONTAMINANT PURSUANT TO SUBSECTION
(3)23
OF THIS SECTION.24
(2) Rules. (a) T
HE COMMISSION SHALL PROMULGATE RULES THAT25
ARE NECESSARY FOR THE PROPER IMPLEMENTATION AND ADMINISTRATION26 OF THIS SECTION.27
1244
-8- (b) NOTWITHSTANDING ANY LIMITATION IN THIS ARTICLE 7 TO THE1
CONTRARY, THE COMMISSION MAY ADOPT RULES UNDER THIS SECTION2
THAT ARE MORE STRINGENT THAN THE CORRESPONDING REQUIREMENTS3
OF THE FEDERAL ACT AND THE REGULATIONS ADOPTED PURSUANT TO THE4
FEDERAL ACT.5
6
7
(3) Review of the list of toxic air contaminants - rules. THE8
DIVISION SHALL PUBLISH AN INITIAL LIST OF THE TOXIC AIR9
CONTAMINANTS DESIGNATED IN SUBSECTIONS (1)(i)(I) AND (1)(i)(II) OF10
THIS SECTION BY OCTOBER 1, 2022. BEGINNING NO LATER THAN11
SEPTEMBER 30, 2030, AND EVERY FIVE YEARS THEREAFTER , OR MORE12
FREQUENTLY IF THE COMMISSION DEEMS IT APPROPRIATE TO DO SO , THE13
COMMISSION SHALL, PURSUANT TO SUBSECTION (1)(j)(III) OF THIS14
SECTION, REVIEW THE LIST OF TOXIC AIR CONTAMINANTS AND DETERMINE15
BY RULE WHETHER TO DESIGNATE ANY ADDITIONAL AIR POLLUTANTS AS16
TOXIC AIR CONTAMINANTS. THE COMMISSION MAY DETERMINE THAT AN17
EXPEDITED REVIEW IS APPROPRIATE BASED ON A REQUEST OF ANY PERSON18
IF, AS PART OF THE REQUEST , THE PERSON DEMONSTRATES TO THE19
COMMISSION'S SATISFACTION THAT NEW OR UPDATED SCIENTIFIC DATA20
RELATED TO THE ADVERSE EFFECTS OF AN AIR POLLUTANT WARRANTS21
EXPEDITED CONSIDERATION FOR DESIGNATION AS A TOXIC AIR22
CONTAMINANT. IF THE COMMISSION UNDERTAKES AN EXPEDITED23
CONSIDERATION OF AN AIR POLLUTANT FOR DESIGNATION AS A TOXIC AIR24
CONTAMINANT, THE COMMISSION'S NEXT REVIEW OF ADDITIONAL AIR25
POLLUTANTS MUST TAKE PLACE NO LATER THAN FIVE YEARS AFTER THE26
EXPEDITED CONSIDERATION. IN DETERMINING WHETHER ANY AIR27
1244
-9- POLLUTANT SHOULD BE DESIGNATED BY THE COMMISSION AS A TOXIC AIR1
CONTAMINANT, THE COMMISSION SHALL CONSIDER: 2
(a) I
NPUT FROM THE
PUBLIC AND THE SCIENTIFIC COMMUNITY ;3
(b) ANY EXISTING DATA CONCERNING EMISSIONS OF AIR4
POLLUTANTS, INCLUDING DATA REPORTED TO THE DIVISION CONCERNING5
THE EMISSIONS OF TOXIC AIR POLLUTANTS;6
(c) INFORMATION ABOUT THE TOXICITY OF AIR POLLUTANTS THAT7
IS PUBLICLY AVAILABLE AND PEER-REVIEWED RELATED TO:8
(I) P
OTENCY;9
(II) M
ODE OF ACTION;10
(III) E
XPOSURE PATTERNS;11
(IV) A
DVERSE HEALTH EFFECTS;
AND12
(V) L
EVELS OF EXPOSURE THAT MAY CAUSE OR CONTRIBUTE TO13ADVERSE HEALTH EFFECTS, INCLUDING ADVERSE HEALTH EFFECTS ARISING14
FROM DISPROPORTIONATELY HIGH EXPOSURE OF PARTICULARLY15
VULNERABLE GROUPS, INCLUDING DISPROPORTIONATELY IMPACTED16
COMMUNITIES, INFANTS, CHILDREN, FETUSES, THE ELDERLY, AND PEOPLE17
WITH DISABILITIES; AND 18
(d) IDENTIFICATIONS OF AIR POLLUTANTS AS TOXIC AIR19
CONTAMINANTS IN OTHER STATES.20
(4) Annual toxic emissions reporting program - study - rules.21
(a) O
N OR BEFORE
JUNE 30 OF EACH YEAR, BEGINNING ON JUNE 30, 2024,22
ALL OWNERS AND OPERATORS OF MAJOR SOURCES AND SYNTHETIC MINOR23
SOURCES MUST SUBMIT AN ANNUAL TOXIC EMISSIONS REPORT TO THE24
DIVISION THAT REPORTS THE AMOUNT OF EACH TOXIC AIR CONTAMINANT25
EMITTED BY EACH SOURCE REQUIRED TO HAVE AN OPERATING PERMIT26
PURSUANT TO SECTION 25-7-114.3 AND EACH SYNTHETIC MINOR SOURCE27
1244
-10- IN THE PRECEDING CALENDAR YEAR , BEGINNING WITH JANUARY 1, 2023,1
TO DECEMBER 31, 2023. THE DIVISION SHALL MAKE ANNUAL TOXIC2
EMISSIONS REPORTS SUBMITTED TO THE DIVISION PURSUANT TO THIS3
SUBSECTION (4)(a) AVAILABLE TO THE PUBLIC.4
5
(b) IF THERE IS A CHANGE OF OWNERSHIP OR CONTROL OF THE6
STATIONARY SOURCE PRIOR TO APRIL 1 OF THE YEAR THAT AN ANNUAL7
TOXIC EMISSIONS REPORT MUST BE SUBMITTED, THE OWNER OR OPERATOR8
AS OF APRIL 1 OF THAT YEAR IS RESPONSIBLE FOR SUBMITTING THE9
ANNUAL TOXIC EMISSIONS REPORT REQUIRED UNDER SUBSECTION (4)(a)10
OF THIS SECTION.11
(c) (I) THE DIVISION SHALL CONDUCT A STUDY AND PREPARE A12
REPORT THAT INCLUDES:13
(A) AN ANALYSIS OF THE EXISTING REQUIREMENTS FOR REPORTING14
TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE FEDERAL15
ENVIRONMENTAL PROTECTION AGENCY ;16
(B) AN ASSESSMENT OF THE AVAILABILITY AND QUALITY OF TOXIC17
AIR CONTAMINANT DATA REPORTED TO THE DIVISION AND THE FEDERAL18
ENVIRONMENTAL PROTECTION AGENCY , WITH THE REPORTING DATA19
BROKEN DOWN BY INDIVIDUAL TOXIC AIR CONTAMINANT, GEOGRAPHIC20
AREA, INDUSTRY SECTOR, AND WHETHER CATEGORIES OF STATIONARY21
SOURCES REPORTING THE DATA ARE SOURCES REQUIRED TO HAVE AN22
OPERATING PERMIT PURSUANT TO SECTION 25-7-114.3, SYNTHETIC MINOR23
SOURCES, OR MINOR SOURCES; AND24
(C) AN IDENTIFICATION OF THE INFORMATIONAL GAPS IN THE25
REPORTING OF TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE26
FEDERAL ENVIRONMENTAL PROTECTION AGENCY .27
1244
-11- (II) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT1
LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN2
OPPORTUNITY TO COMMENT ON THE REPORT. THE DIVISION SHALL ALSO3
CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM4
DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT5
STATIONARY SOURCES. IN FINALIZING THE REPORT, THE DIVISION SHALL6
INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED FROM7
THE PUBLIC, DISPROPORTIONATELY IMPACTED COMMUNITIES , WORKERS AT8
STATIONARY SOURCES, AND THE SCIENTIFIC COMMUNITY AND IDENTIFY9
ANY SIGNIFICANT CHANGES MADE TO THE REPORT BASED ON THOSE10
COMMENTS. NO LATER THAN JULY 1, 2024, THE DIVISION SHALL SUBMIT11
THE FINALIZED REPORT TO THE COMMISSION .12
(III) NO LATER THAN DECEMBER 31, 2024, THE COMMISSION13
SHALL, BASED ON THE INFORMATIONAL GAPS IDENTIFIED IN THE REPORT,14
CONSIDER THE ADOPTION OF RULES THAT ENSURE ANNUAL REPORTS ON15
TOXIC AIR CONTAMINANTS ARE SUBMITTED TO THE DIVISION AND MAY16
REQUIRE ADDITIONAL TYPES OF INFORMATION TO BE INCLUDED IN ANNUAL17
TOXIC EMISSIONS REPORTS SUBMITTED TO THE DIVISION FOR OPERATIONS18
AND EMISSIONS OCCURRING IN CALENDAR YEAR 2025 AND EACH19
CALENDAR YEAR THEREAFTER .20
(d) THE COMMISSION MAY ESTABLISH BY RULE A DE MINIMUS21
LEVEL OF EMISSIONS OF A TOXIC AIR CONTAMINANT BENEATH22
WHICH AN OWNER OR OPERATOR IS NOT REQUIRED TO REPORT ON THE23
EMISSIONS OF THE TOXIC AIR CONTAMINANT THROUGH AN ANNUAL24
TOXIC EMISSIONS REPORT SUBMITTED PURSUANT TO SUBSECTION (4)(a) OF25
THIS SECTION.26
(5) Toxic air contaminant monitoring program - reporting -27
1244
-12- rules. (a) BEGINNING NO LATER THAN JANUARY 1, 2024, IN ADDITION TO1
THE FENCELINE MONITORING PROGRAM ESTABLISHED UNDER SECTION2
25-7-141
(5) AND THE COMMUNITY -BASED MONITORING PROGRAM3
ESTABLISHED UNDER SECTION 25-7-141 (6), THE DIVISION SHALL DEVELOP4
AND BEGIN TO CONDUCT A MONITORING PROGRAM TO DETERMINE THE5
CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR OF6
THE STATE.7
(b) T
HE PROGRAM SHALL INCLUDE THE INSTALLATION AND8
OPERATION OF AT LEAST SIX
MONITORING SITES COVERING BOTH URBAN9
AND RURAL AREAS OF THE STATE. THE DIVISION SHALL ENSURE THAT AT10
LEAST THREE MONITORING SITES ARE INSTALLED AND OPERATING BY11
J
ANUARY 1, 2024, AND THAT AT LEAST THREE ADDITIONAL
12
MONITORING SITES ARE INSTALLED AND OPERATING BY JULY 1, 2025.13
E
ACH MONITORING SITE MUST HAVE THE ABILITY TO DETECT TRENDS IN14
CONCENTRATIONS OF VARIOUS TOXIC AIR CONTAMINANTS IN THE AMBIENT15
AIR OVER TIME AT THE SITE.16
(c) A
T A MINIMUM, A MONITORING SITE MUST MEASURE THE17
CONCENTRATIONS OF:18
(I) T
HE TOXIC AIR CONTAMINANTS IDENTIFIED IN SECTION 2.3 OF19
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "NATIONAL AIR20
T
OXICS TRENDS STATION WORK PLAN TEMPLATE (REVISED APRIL 2019)".21
F
OR THE MEASUREMENT OF A TOXIC AIR CONTAMINANT SPECIFIED IN THIS22
SUBSECTION
(5)(c)(I), THE MEASUREMENT MUST MEET THE REQUIRED23
MINIMUM DETECTION LIMIT SPECIFIED FOR THE MEASURED AIR POLLUTANT24
IN SECTION 3.1 OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S25
"N
ATIONAL AIR TOXICS TRENDS STATION WORK PLAN TEMPLATE26
(R
EVISED APRIL 2019)" OR THE MOST RECENT VERSION.27
1244
-13- (II) THE TOXIC AIR CONTAMINANTS IDENTIFIED IN TABLE 1.2-1 OF1
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "TECHNICAL2
A
SSISTANCE DOCUMENT FOR THE NATIONAL AIR TOXICS TRENDS3
S
TATIONS PROGRAM (REVISION 3)" FROM OCTOBER 2016 OR THE MOST4
RECENT VERSION. FOR THE MEASUREMENT OF A TOXIC AIR CONTAMINANT5
SPECIFIED IN THIS SUBSECTION
(5)(c)(II) AND ALL OTHER TOXIC AIR6
CONTAMINANTS MEASURED UNDER THE MONITORING PROGRAM , THE7
DIVISION MUST SPECIFY A METHOD DETECTION LIMIT FOR EACH TOXIC AIR8
CONTAMINANT PURSUANT TO APPENDIX B OF 40 CFR 136.9
(d) I
N DETERMINING THE LOCATION OF
ANY NEW MONITORING SITE,10
THE DIVISION SHALL:11
(I) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC12
MEETINGS WHERE MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO13
COMMENT ON THE DIVISION'S PROPOSED LOCATIONS FOR THE MONITORING14
SITES; AND15
(II) G
IVE PRIORITY TO LOCATIONS THAT ARE WITHIN A16
DISPROPORTIONATELY IMPACTED
COMMUNITY. 17
(e) T
HE DIVISION MAY CHANGE THE LOCATION OF ANY18
MONITORING SITE AFTER FOLLOWING THE PROCEDURE AND REQUIREMENTS19
SPECIFIED IN SUBSECTION
(5)(d) OF THIS SECTION.20
(f) NO LATER THAN MAY 1, 2025, AND BY MAY 1 EACH YEAR21
THEREAFTER, THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT22
LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN23
OPPORTUNITY TO COMMENT ON THE MONITORING PROGRAM. THE DIVISION24
SHALL ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM25
DISPROPORTIONATELY IMPACTED COMMUNITIES ON THE MONITORING26
PROGRAM.27
1244
-14- (g) (I) NO LATER THAN OCTOBER 1, 2025, AND BY OCTOBER 11
EACH YEAR THEREAFTER, THE DIVISION SHALL PREPARE AN ANNUAL2
REPORT THAT SUMMARIZES THE TOXIC AIR CONTAMINANT DATA3
COLLECTED BY THE MONITORING SITES IN THE PREVIOUS CALENDAR YEAR.4
THE DIVISION SHALL INCLUDE IN THE REPORT A SUMMARY OF ANY5
COMMENTS RECEIVED FROM THE PUBLIC , DISPROPORTIONATELY IMPACTED6
COMMUNITIES, AND THE SCIENTIFIC COMMUNITY DURING THE TWO PUBLIC7
MEETINGS HELD PURSUANT TO SUBSECTION (5)(f) OF THIS SECTION.8
(II) ONCE THE REPORT IS FINALIZED, THE DIVISION SHALL:9
(A) POST THE REPORT ON THE DIVISION'S WEBSITE IN BOTH10
ENGLISH AND SPANISH; AND11
(B) SUBMIT THE FINALIZED REPORT TO THE HEALTH AND HUMAN12
SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND13
ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR14
SUCCESSOR COMMITTEES . NOTWITHSTANDING SECTION 24-1-13615
(11)(a)(I), THE REQUIREMENT TO REPORT TO THE LEGISLATIVE16
COMMITTEES CONTINUES INDEFINITELY .17
(h) THE DIVISION SHALL REPORT ON THE NEED FOR ANY18
ADDITIONAL MONITORING SITES FOR THE MONITORING PROGRAM, AND THE19
COSTS ASSOCIATED WITH ADDITIONAL MONITORING SITES, TO THE HEALTH20
AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND21
ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES , OR THEIR22
SUCCESSOR COMMITTEES, DURING THE COMMITTEES' HEARINGS HELD23
PRIOR TO THE 2027 REGULAR SESSION OF THE GENERAL ASSEMBLY UNDER24
THE "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND25
TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF26
TITLE 2.27
1244
-15- (6) Health-based standards - rules. (a) THE COMMISSION SHALL1
ADOPT RULES THAT:2
(I) NO LATER THAN DECEMBER 31, 2024, IDENTIFY UP TO FIVE3
PRIORITY TOXIC AIR CONTAMINANTS CONSIDERING:4
5
(A) EXISTING DATA CONCERNING TOXIC AIR CONTAMINANTS6
GATHERED THROUGH DIVISION MONITORING PROGRAMS ;7
(B) DATA REPORTED TO THE DIVISION CONCERNING EMISSIONS OF8
TOXIC AIR POLLUTANTS;9
(C) DATA REPORTED TO THE FEDERAL TOXICS RELEASE INVENTORY10
PURSUANT TO 42 U.S.C. SEC. 11023 AND DATA PREPARED BY THE FEDERAL11
ENVIRONMENTAL PROTECTION AGENCY'S AIR TOXICS SCREENING12
ASSESSMENT (AIRTOXSCREEN) PROGRAM; 13
(D) ANY OTHER RELEVANT DATA SUBMITTED TO THE COMMISSION14
DURING THE RULE-MAKING PROCESS CONCERNING THE AMOUNT OF15
EMISSIONS AND CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE16
AMBIENT AIR OF THE STATE, INCLUDING DATA COLLECTED THROUGH17
COMMUNITY-LED MONITORING PROGRAMS ; AND18
(E) INPUT FROM THE SCIENTIFIC COMMUNITY ; AND19
(II) NO LATER THAN SEPTEMBER 30, 2025, ESTABLISH20
HEALTH-BASED STANDARDS FOR PRIORITY TOXIC AIR CONTAMINANTS21
THAT ARE PROTECTIVE OF PUBLIC HEALTH AND IDENTIFY THE ACCEPTABLE22
RISK LEVEL FOR EXPOSURE TO HUMAN CARCINOGENS .23
(b) I
N DETERMINING THE HEALTH -BASED STANDARDS, THE24
COMMISSION SHALL:25
(I)
CONSIDER THE BEST AVAILABLE PEER -REVIEWED SCIENTIFIC26
DATA REGARDING THE LEVELS OF EXPOSURE TO TOXIC AIR CONTAMINANTS27
1244
-16- THAT MAY CAUSE OR CONTRIBUTE TO ADVERSE HEALTH EFFECTS;1
(II) CONSIDER STANDARDS ADOPTED IN OTHER STATES TO REDUCE2
OR LIMIT CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE AMBIENT3
AIR;4
(III) C
ONSIDER THE EFFECTS OF EXPOSURE TO TOXIC AIR5
CONTAMINANTS
ON VULNERABLE GROUPS OF THE STATE , INCLUDING6
DISPROPORTIONATELY IMPACTED COMMUNITIES , INFANTS, CHILDREN,7
FETUSES, THE ELDERLY, AND PEOPLE WITH DISABILITIES;8
(IV) C
ONSIDER BOTH CANCER -RELATED HEALTH RISKS AND9
NON-CANCER-RELATED HEALTH RISKS.
10
(V) P
ROVIDE FOR A SUFFICIENT MARGIN OF SAFETY THAT11
ACCOUNTS FOR THE VARIOUS EFFECTS THAT DIFFERENT POPULATIONS MAY12
EXPERIENCE FROM EXPOSURE TO
PRIORITY TOXIC AIR CONTAMINANTS ;13
AND14
(VI) CONSULT WITH THE SCIENTIFIC COMMUNITY THROUGH15
HOLDING AT LEAST ONE PUBLIC HEARING SPECIFICALLY FOR THIS16
CONSULTATION.17
(c) B
EGINNING NO LATER THAN
SEPTEMBER 30, 2029, AND AT18
LEAST ONCE EVERY FIVE YEARS THEREAFTER , THE COMMISSION SHALL:19
(I) D
ETERMINE WHETHER TO IDENTIFY ANY ADDITIONAL
PRIORITY20
TOXIC AIR CONTAMINANTS CONSIDERING THE DATA DESCRIBED IN21
SUBSECTION (6)(a)(I) OF THIS SECTION;22
23
(II) DETERMINE WHETHER TO INCLUDE ACUTE EXPOSURE LIMITS24
FOR PRIORITY TOXIC AIR CONTAMINANTS IN THE DEFINITION OF25
HEALTH-BASED STANDARDS DETERMINED BY THE COMMISSION BY RULE;26
(III) DETERMINE WHETHER TO REVISE THE ACCEPTABLE CANCER27
1244
-17- RISK LEVEL FOR EXPOSURE TO HUMAN CARCINOGENS ;1
(IV) REVIEW EXISTING HEALTH-BASED STANDARDS TO ENSURE2
THAT THE STANDARDS SUFFICIENTLY PROTECT PUBLIC HEALTH ; AND3
(V) DETERMINE WHETHER TO REVISE THE EXISTING HEALTH -BASED4
STANDARDS IN ACCORDANCE WITH THE CONSIDERATIONS SET FORTH IN5
SUBSECTION (6)(b) OF THIS SECTION AND, IF A DETERMINATION IS MADE TO6
REVISE ANY EXISTING HEALTH-BASED STANDARD, THE COMMISSION MUST,7
WITHIN TWELVE MONTHS AFTER THE DETERMINATION , ADOPT RULES TO8
THAT EFFECT.9
(d) NO MORE THAN TWELVE MONTHS AFTER THE COMMISSION10
MAKES THE DETERMINATION PURSUANT TO SECTION (6)(c)(I) OF THIS11
SECTION, THE COMMISSION SHALL ADOPT HEALTH-BASED STANDARDS FOR12
ANY ADDITIONAL PRIORITY TOXIC AIR CONTAMINANTS IN ACCORDANCE13
WITH SUBSECTION (6)(b) OF THIS SECTION.14
(7) Emission control regulations - rules. (a) NO LATER THAN15
APRIL 30, 2026, THE COMMISSION SHALL ADOPT EMISSION CONTROL16
REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR17
CONTAMINANT AND PRIORITIZE REDUCTIONS IN DISPROPORTIONATELY18
IMPACTED COMMUNITIES WITH MULTIPLE SOURCES OF EMISSIONS OF19
PRIORITY TOXIC AIR CONTAMINANTS .20
(b) IN DETERMINING THE EMISSION CONTROL REGULATIONS , THE21
COMMISSION SHALL PRIORITIZE REDUCTIONS OF EMISSIONS IN22
DISPROPORTIONATELY IMPACTED COMMUNITIES WITH MULTIPLE SOURCES23
OF EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS , AND SHALL24
CONSIDER:25
(I) ANY EMISSION CONTROL REGULATIONS ADOPTED FOR PRIORITY26
TOXIC AIR CONTAMINANTS IN OTHER STATES OR BY THE FEDERAL27
1244
-18- GOVERNMENT;1
(II) THE EMISSION LEVELS OF A PRIORITY TOXIC AIR CONTAMINANT2
FROM DIFFERENT INDUSTRIES AND CATEGORIES OF SOURCES , INCLUDING3
SOURCES REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO4
SECTION 25-7-114.3, SYNTHETIC MINOR SOURCES, AND MINOR SOURCES;5
(III) WHERE APPROPRIATE, THE MAXIMUM DEGREE OF REDUCTION6
OF EACH PRIORITY TOXIC AIR CONTAMINANT THAT IS ACHIEVABLE AND7
TECHNICALLY AND ECONOMICALLY FEASIBLE, TAKING INTO ACCOUNT8
ENERGY, ENVIRONMENTAL, AND ECONOMIC IMPACTS AND OTHER COSTS9
PURSUANT TO THE REQUIREMENTS DESCRIBED IN SECTION 25-7-110.8;10
(IV) T
HE CATEGORIES, NUMBERS, AND RELATIVE CONTRIBUTION11
OF PRESENT OR ANTICIPATED STATIONARY SOURCES OF A HIGH -RISK TOXIC12
AIR CONTAMINANT;13
(V) T
HE ABILITY OF
EMISSION CONTROL REGULATIONS TO REDUCE14
OR ELIMINATE THE EMISSIONS OF A PRIORITY TOXIC AIR CONTAMINANT ,15
INCLUDING NON-EMITTING ALTERNATIVE PROCESSES AND CONTROL16
TECHNOLOGIES; AND17
18
(VI) THE AVAILABILITY, SUITABILITY, AND RELATIVE EFFICACY OF19
A LESS HAZARDOUS SUBSTITUTE FOR A PRIORITY TOXIC AIR CONTAMINANT.20
(c) FOR NEW EMISSION SOURCES OF PRIORITY TOXIC AIR21
CONTAMINANTS, THE COMMISSION SHALL ADOPT EMISSION CONTROL22
REGULATIONS THAT ARE MORE STRINGENT THAN THOSE IDENTIFIED23
PURSUANT TO SUBSECTIONS (7)(a) AND (7)(b) OF THIS SECTION. THE24
COMMISSION SHALL ALSO ADOPT AN EMISSIONS THRESHOLD BELOW WHICH25
NEW EMISSION SOURCES SHALL NOT BE REQUIRED TO COMPLY WITH THE26
MORE STRINGENT EMISSION CONTROL REGULATIONS .27
1244
-19- (d) BEGINNING NO LATER THAN SEPTEMBER 30, 2030, AND AT1
LEAST ONCE EVERY FIVE YEARS THEREAFTER , THE COMMISSION SHALL:2
(I) ADOPT EMISSION CONTROL REGULATIONS FOR ANY ADDITIONAL3
PRIORITY TOXIC AIR CONTAMINANTS IDENTIFIED BY THE COMMISSION IN4
ACCORDANCE WITH SUBSECTION (6)(c)(I) OF THIS SECTION; AND5
(II) DETERMINE WHETHER TO REVISE THE EXISTING EMISSION6
CONTROL REGULATIONS IN ACCORDANCE WITH THE CONSIDERATIONS SET7
FORTH IN SUBSECTION (7)(b) OF THIS SECTION. 8
(e) IN REVIEWING AND APPROVING AIR POLLUTION PERMITS UNDER9
SECTION 25-7-114.3, THE DIVISION SHALL INCLUDE ANY APPLICABLE10
EMISSION CONTROL REGULATIONS IN THE PERMIT .11
(f) THE EMISSION CONTROL REGULATIONS ESTABLISHED UNDER12
THIS SUBSECTION (7) SHALL NOT APPLY TO ANY ELECTRIC GENERATING13
RESOURCE LOCATED WITHIN THE STATE WITH A CLOSURE DATE NO LATER14
THAN JANUARY 1, 2031, THAT HAS BEEN APPROVED BY EITHER THE PUBLIC15
UTILITIES COMMISSION CREATED IN SECTION 40-2-101 (1) AS PART OF AN16
ELECTRIC RESOURCE PLAN OR THE AIR POLLUTION CONTROL DIVISION AS17
PART OF A CLEAN ENERGY PLAN.18
19
(8) Air pollution regulation for sources of toxic air20
contaminants - assessment. (a) NO LATER THAN DECEMBER 31, 2025,21
THE DIVISION SHALL CONDUCT AN ASSESSMENT TO DETERMINE THE NEEDS22
OF THE DIVISION TO ADMINISTER AN AIR PERMITTING PROGRAM TO23
REGULATE NEW, MODIFIED, AND EXISTING STATIONARY SOURCES THAT24
EMIT LEVELS OF PRIORITY TOXIC AIR CONTAMINANTS, REFERRED TO IN THIS25
SUBSECTION (8) AS THE "AIR TOXICS PERMITTING PROGRAM ".26
(b) THE ASSESSMENT MUST:27
1244
-20- (I) EVALUATE AIR TOXICS PERMITTING PROGRAMS FOR NEW ,1
MODIFIED, AND EXISTING STATIONARY SOURCES OF PRIORITY TOXIC AIR2
CONTAMINANTS IN OTHER STATES AND ON TRIBAL LANDS ;3
(II) EVALUATE AND MAKE RECOMMENDATIONS REGARDING THE4
SCOPE OF THE AIR TOXICS PERMITTING PROGRAM , INCLUDING THE TYPES5
OF PERMITS, STATIONARY SOURCES, INDUSTRIES, AND GEOGRAPHIC AREAS6
OF THE STATE THAT WOULD BE IMPACTED BY THE PROGRAM ;7
(III) IDENTIFY PROCESSES AND REASONABLE TIMELINES FOR :8
(A) THE NOTIFICATION TO ANY STATIONARY SOURCES THAT COULD9
BE SUBJECT TO THE AIR TOXICS PERMITTING PROGRAM ;10
(B) THE ASSESSMENT OF PUBLIC HEALTH RISKS ASSOCIATED WITH11
A STATIONARY SOURCE 'S EMISSIONS OF PRIORITY TOXIC AIR12
CONTAMINANTS; AND13
(C) THE ASSESSMENT AND IMPLEMENTATION OF STRATEGIES14
DESIGNED TO REDUCE EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS15
FROM A STATIONARY SOURCE THROUGH PERMITTING ; AND16
(IV) IDENTIFY THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH17
THE IMPLEMENTATION OF AN AIR TOXICS PERMITTING PROGRAM FOR18
EXISTING STATIONARY SOURCES AND POSSIBLE FUNDING MECHANISMS .19
(c) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT20
LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN21
OPPORTUNITY TO COMMENT ON THE ASSESSMENT. THE DIVISION SHALL22
ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM23
DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT24
STATIONARY SOURCES ON THE ASSESSMENT .25
(d) IN FINALIZING THE ASSESSMENT, THE DIVISION SHALL INCLUDE26
IN THE ASSESSMENT A SUMMARY OF ANY COMMENTS RECEIVED FROM THE27
1244
-21- PUBLIC, WORKERS AT STATIONARY SOURCES, AND DISPROPORTIONATELY1
IMPACTED COMMUNITIES AND IDENTIFY ANY SIGNIFICANT CHANGES MADE2
TO THE ASSESSMENT BASED ON SUCH COMMENTS .3
(e) THE DIVISION SHALL REPORT ON THE ASSESSMENT AND4
PROVIDE RECOMMENDATIONS TO THE HEALTH AND HUMAN SERVICES5
COMMITTEE OF THE SENATE AND THE ENERGY AND ENVIRONMENT6
COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR SUCCESSOR7
COMMITTEES, DURING THE COMMITTEES' HEARINGS HELD PRIOR TO THE8
2026 REGULAR SESSION OF THE GENERAL ASSEMBLY UNDER THE "STATE9
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT10
(SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.11
(9) Enforcement. T HE DIVISION SHALL ENFORCE, IN ACCORDANCE12
WITH SECTION 25-7-115, ANY VIOLATIONS OF THIS SECTION, INCLUDING13
FALSIFYING INFORMATION REPORTED IN AN ANNUAL EMISSIONS14
INVENTORY REPORT SUBMITTED UNDER SUBSECTION (5)(a) OF THIS15
SECTION AND FAILING TO PROVIDE AN ANNUAL EMISSIONS INVENTORY16
REPORT WITHIN THE TIME PERIOD REQUIRED UNDER SUBSECTION (5)(a) OF17
THIS SECTION.18
SECTION 5. In Colorado Revised Statutes, 25-7-109.3, amend19
(1), (2), (3)(a)(I), (4)(a)(I), and (4)(h)(III); and repeal (3)(b), (3)(b.1),20
(3)(f), and (3)(g) as follows:21
25-7-109.3. Colorado hazardous air pollutant control and22
reduction program - rules - repeal. (1) The commission shall23
promulgate appropriate regulations RULES pertaining to hazardous air24
pollutants as defined in section 25-7-103 (13) which THAT are consistent25
with this section,
SECTION 25-7-109.5, and the requirements of and26
emission standards promulgated pursuant to section 112 of the federal act,27
1244
-22- including any standard required to be imposed under section 112(r) of the1
federal act. The commission shall monitor the progress and results of the2
risk studies performed under section 112 of the federal act to show that3
Colorado's hazardous air pollutant control and reduction program is4
consistent with AT LEAST AS PROTECTIVE AS the national strategy.5
(2) Except as provided in section 25-7-114.4 (5), The commission6
may only promulgate rules pertaining to hazardous air pollutants as7
defined in section 25-7-103 (13) in accordance with this section, SECTION8
25-7-109.5,
AND SECTION 25-7-114.4. In order to minimize additional9
regulatory and compliance costs to the state's economy, any program10
created by the commission pursuant to this section must
MAY contain a11
provision that exempts
FROM THE REQUIREMENTS OF THE PROGRAM those12
sources or categories of sources that it determines to be of minor13
significance. from the requirements of the program.
Consistent with the14
provisions of section 25-7-105.1, the commission shall authorize15
synthetic minor sources of hazardous air pollutants by the issuance of16
construction permits or prohibitory or other rules. Such permits or rules17
must only be as stringent as necessary to establish synthetic minor status.18
The commission shall expeditiously implement this subsection (2) to19
assure ENSURE that all sources may be able to timely qualify as a synthetic20
minor source, thereby avoiding the costs of the operating permit program.21
(3) (a) (I) As soon as adequate scientific, technological, and22
hazardous air pollutant emissions information is available, the23
commission may promulgate regulations for the control of hazardous air24
pollutants, INCLUDING utilizing Colorado GACT or Colorado MACT25
technology-based emission reduction requirements, as defined in section26
25-7-103 (6.7) and (6.8).27
1244
-23- (b) This section shall only apply to sources emitting a hazardous1
air pollutant identified in the list established or amended pursuant to2
subsection (5) of this section which:3
(I) Are not included in categories or subcategories of sources4
listed or proposed to be listed by the environmental protection agency5
under section 112 of the federal act and thus will not be required to6
comply with GACT or MACT under the federal act, as defined in section7
25-7-103 (12.1) and (16.5); or8
(II) Are included in categories or subcategories of sources listed9
or proposed to be listed under section 112 of the federal act and which10
have:11
(A) Levels of emissions of hazardous air pollutants listed under12
section 112 (b) of the federal act which are below thresholds established13
under the federal act and thus will not be required to comply with GACT14
and MACT under the federal act and as defined in section 25-7-10315
(12.1) and (16.5); except that this section shall not apply to a source16
included in a category or subcategory for which a lesser quantity emission17
rate has been proposed or adopted under section 112 of the federal act; or18
(B) Hazardous air pollutant emissions above a threshold level of19
the substance listed under subparagraph (II) of paragraph (a) and20
paragraph (b) of subsection (5) of this section.21
(b.1) The commission may recognize similarities among regulated22
sources or apply, when appropriate, previous control requirements23
established by the commission in making a determination about the need24
for such regulation under this subsection (3). The commission shall also25
consider fundamentally different factors between sources in making these26
determinations.27
1244
-24- (f) This section shall not apply to sources subject to national1
emission standards for hazardous air pollutants (NESHAP) established by2
the administrator pursuant to the federal act, but only for those emissions3
for which a NESHAP is established.4
(g) This section shall not impose requirements on sources5
included in categories or subcategories of sources which are listed in6
section 112(n) of the federal act which are inconsistent with the timing of7
studies or assessments conducted under or definitions set forth in section8
112(n) of the federal act. 9
(4) (a) (I) On or after the risk-based studies required under10
sections 112(k)(3), 112(o), and 112(f) of the federal act are completed11
and received by the commission, The commission may adopt regulations12
RULES pertaining to those sources identified as emitting hazardous air13
pollutants regulated under this section, which may include additional14
emission reduction requirements to address any residual risk of health15
effects with respect to actual persons living in the vicinity of sources after16
installation of technology-based controls. Imposition of such17
requirements may be made
PURSUANT TO SECTION 25-7-109.5 OR upon a18
determination by the commission that operation of sources without19
health-based controls does not or will not represent an inconsequential20
threat to public health. Regulations
RULES as finally adopted pursuant to21
this subsection (4) may apply on a source-specific basis.22
(h) Temporary exceptional authority. (III) This paragraph (h)23
shall remain effective only until such time as the commission acts24
pursuant to its authority under paragraph (a) of this subsection (4)25
SUBSECTION (4)(h) IS REPEALED, EFFECTIVE JULY 1, 2026.26
27
1244
-25- SECTION 6. Appropriation. (1) For the 2022-23 state fiscal1
year, $3,135,853 is appropriated to the department of public health and2
environment. This appropriation is from the general fund. To implement3
this act, the department may use this appropriation as follows:4
(a) $2,192,791 for use by the air pollution control division for5
program costs, which amount is based on an assumption that the division6
will require an additional 10.1 FTE;7
(b) $271,906 for use by the division of environmental health and8
sustainability for the toxicology and environmental epidemiology unit,9
which amount is based on an assumption that the division will require an10
additional 7.0 FTE; 11
(c) $73,928 for the purchase of legal services; and12
(d) $597,228 for the purchase of information technology services.13
(2) For the 2022-23 state fiscal year, $73,928 is appropriated to14
the department of law. This appropriation is from reappropriated funds15
received from the department of public health and environment under16
subsection (1)(c) of this section and is based on an assumption that the17
department of law will require an additional 0.4 FTE. To implement this18
act, the department of law may use this appropriation to provide legal19
services for the department of public health and environment.20
(3) For the 2022-23 state fiscal year, $597,228 is appropriated to21
the office of the governor for use by the office of information technology.22
This appropriation is from reappropriated funds received from the23
department of public health and environment under subsection (1)(d) of24
this section. To implement this act, the office may use this appropriation25
to provide information technology services for the department of public26
health and environment.27
1244
-26- SECTION 7. Applicability. This act applies to conduct occurring1
on or after the effective date of this act.2
SECTION 8. Safety clause. The general assembly hereby finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety.5
1244
-27-