Colorado 2022 Regular Session

Colorado House Bill HB1244 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 22-0552.01 Sarah Lozano x3858
1	8		HOUSE BILL 22-1244
2		-	BY REPRESENTATIVE(S) Kennedy and Gonzales-Gutierrez, Amabile,
3		-	Bacon, Benavidez, Bernett, Boesenecker, Caraveo, Cutter, Exum, Froelich,
4		-	Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick, Michaelson Jenet,
5		-	Ricks, Sirota, Tipper, Titone, Valdez A., Weissman, Woodrow, Bird,
6		-	Herod, Garnett;
7		-	also SENATOR(S) Gonzales, Buckner, Danielson, Donovan, Ginal,
8		-	Hansen, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Story, Winter,
9		-	Fenberg.
	9	+	House Committees Senate Committees
	10	+	Energy & Environment State, Veterans, & Military Affairs
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING MEASURES TO INCREASE PUBLIC PROTECTION FROM TOXIC AIR
12		-	CONTAMINANTS
13		-	, AND, IN CONNECTION THEREWITH , MAKING AN
14		-	APPROPRIATION
15		-	.
16		-
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. Legislative declaration. (1) The general assembly
19		-	hereby finds and declares that:
20		-	(a) Public health, safety, and welfare are endangered by the emission
21		-	of toxic air contaminants into the ambient air;
22		-	(b) Coloradans are exposed to a multitude of toxic air contaminants
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. from numerous sources and background levels in the ambient air that may
31		-	act cumulatively to produce adverse impacts to public health, and these
32		-	impacts must be taken into account when regulating toxic air contaminants;
33		-	(c) The identification and regulation of toxic air contaminants
34		-	should utilize the best-available scientific evidence gathered from the
35		-	public, private industry, the scientific community, and global, federal, state,
36		-	and local agencies;
37		-	(d) Emissions of toxic air contaminants should be monitored and
38		-	controlled to levels that avoid, minimize, or mitigate harm to public health
39		-	and the environment; and
40		-	(e) While there are federal and state programs in Colorado to control
41		-	air pollutants subject to the national ambient air quality standards, there are
42		-	no federal or state programs in Colorado to establish health-based ambient
43		-	air quality standards for toxic air contaminants.
44		-	(2) The general assembly further finds and declares that it is the
45		-	policy of the state to:
46		-	(a) Prioritize and protect the health and well-being of all
47		-	Coloradans, with a particular focus on sensitive and vulnerable groups, such
48		-	as children, infants, fetuses, the elderly, people with disabilities, and people
49		-	in disproportionately impacted communities;
50		-	(b) Analyze public health risks from toxic air contaminant emissions
51		-	from sources based on verified science and reporting of emissions data,
52		-	including consideration of background levels in the ambient air;
53		-	(c) Consider regulations of toxic air contaminants in other states and
54		-	jurisdictions in developing state regulations;
55		-	(d) Use a science-based, consistent, and transparent process for
56		-	communicating and addressing risks from emissions of toxic air
57		-	contaminants; and
58		-	(e) Meaningfully reduce exposure to toxic air contaminant emissions
59		-	through state regulation.
60		-	PAGE 2-HOUSE BILL 22-1244 (3) The general assembly therefore declares that the state should
61		-	control and reduce the emissions of toxic air contaminants through the
62		-	identification of toxic air contaminants, the reporting of emissions data, and
63		-	the setting of protective health-based standards and effective emission
64		-	control regulations.
65		-	SECTION 2. In Colorado Revised Statutes, 25-7-103, amend (11)
66		-	introductory portion and (11)(a) as follows:
67		-	25-7-103. Definitions. As used in this article 7, unless the context
68		-	otherwise requires:
69		-	(11) "Emission control regulation" means and includes any standard
70		-	promulgated by regulation which
71		-	THAT is applicable to all air pollution
72		-	sources within a specified area and which THAT prohibits or establishes
73		-	permissible limits for specific types of emissions in such area; and also any
74		-	regulation which THAT by its terms is applicable to a specified type of
75		-	facility, process, or activity for the purpose of controlling the extent, degree,
76		-	or nature of pollution emitted from such type of facility, process, or activity;
77		-	any regulation adopted for the purpose of preventing or minimizing
78		-	emission of any air pollutant in potentially dangerous quantities; and also
79		-	any regulation that adopts any design, equipment, work practice, or operational standard. Emission control regulations shall not include standards which
80		-	THAT describe maximum ambient air concentrations of
81		-	specifically identified pollutants or which THAT describe varying degrees
82		-	of pollution of ambient air. Emission control regulations pertaining to
83		-	hazardous air pollutants, as defined in subsection (13) of this section,
	14	+	ONCERNING MEASURES TO INCRE ASE PUBLIC PROTECTION FROM101
	15	+	TOXIC AIR
	16	+	CONTAMINANTS, AND, IN CONNECTION THEREWITH,102
	17	+	MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill creates a new program to regulate a subset of air
	26	+	pollutants, referred to as "toxic air contaminants", which are defined as
	27	+	hazardous air pollutants, covered air toxics, and all other air pollutants
	28	+	that the air quality control commission (commission) designates by rule
	29	+	as a toxic air contaminant based on its adverse health effects. In
	30	+	SENATE
	31	+	Amended 2nd Reading
	32	+	May 10, 2022
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	May 6, 2022
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	May 5, 2022
	39	+	HOUSE SPONSORSHIP
	40	+	Kennedy and Gonzales-Gutierrez, Amabile, Bacon, Benavidez, Bernett, Boesenecker,
	41	+	Caraveo, Cutter, Exum, Froelich, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick,
	42	+	Michaelson Jenet, Ricks, Sirota, Tipper, Titone, Valdez A., Weissman, Woodrow
	43	+	SENATE SPONSORSHIP
	44	+	Gonzales,
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	47	+	Dashes through the words indicate deletions from existing statute. implementing the program, the commission has the authority to adopt
	48	+	rules that are more stringent than the corresponding requirements of the
	49	+	federal "Clean Air Act".
	50	+	Beginning no later than January 1, 2024, and every 5 years
	51	+	thereafter, the commission will review the list of existing toxic air
	52	+	contaminants and determine whether to add any additional toxic air
	53	+	contaminants to the list.
	54	+	On or before April 1 of each year, beginning on April 1, 2024,
	55	+	owners and operators of major and synthetic minor sources of pollution
	56	+	will submit to the division of administration (division) in the department
	57	+	of public health and environment (department) an annual emissions
	58	+	inventory report that reports the levels of criteria air pollutants and toxic
	59	+	air contaminants that were emitted by the source in the preceding calendar
	60	+	year, beginning with January 1, 2023, to December 31, 2023.
	61	+	Beginning no later than January 1, 2024, the division will develop
	62	+	a monitoring program to determine the concentration of toxic air
	63	+	contaminants in the ambient air of the state. The monitoring program will
	64	+	establish at least 6 long-term monitoring sites throughout urban and rural
	65	+	areas of the state. The division must provide public notice of and an
	66	+	opportunity to comment on the locations of the monitoring sites.
	67	+	On or before November 1, 2025, and at least every 5 years
	68	+	thereafter, the division will prepare a report summarizing the findings of
	69	+	the monitoring program, provide public notice of and an opportunity to
	70	+	comment on the report, and submit the report to the general assembly.
	71	+	Beginning no later than July 1, 2027, the commission will identify
	72	+	by rule toxic air contaminants that may pose a risk of harm to public
	73	+	health in the state (high-risk toxic air contaminants) and adopt
	74	+	health-based standards and emissions limitations (airborne toxic control
	75	+	measures) for high-risk toxic air contaminants.
	76	+	On or before July 1, 2032, and at least every 5 years thereafter, the
	77	+	commission will review the health-based standards and airborne toxic
	78	+	control measures to determine if the commission should:
	79	+	! Identify any additional high-risk toxic air contaminants;
84	80		and
85		-	TOXIC AIR CONTAMINANTS DESIGNATED PURSUANT TO SECTION
86		-	25-7-109.5,
87		-	shall be consistent with the emission standards promulgated under section
88		-	112 of the federal act or section
89		-	SECTIONS 25-7-109.3 OR 25-7-109.5 in
90		-	reducing or preventing emissions of hazardous air pollutants, and may
91		-	include application of measures, processes, methods, systems, or
92		-	techniques, including, but not limited to, measures which
93		-	THAT:
94		-	(a) Reduce the volume of, or eliminate emissions of, such pollutants
95		-	through process changes,
96		-	EMISSIONS LIMITATIONS, CONTROL TECHNOLOGIES,
97		-	substitution of materials, or other modifications;
98		-	SECTION 3. In Colorado Revised Statutes, 25-7-109, amend (2)(c)
99		-	and (2)(h) as follows:
100		-	PAGE 3-HOUSE BILL 22-1244 25-7-109. Commission to promulgate emission control
101		-	regulations. (2) Such emission control regulations may include, but shall
102		-	not be limited to, regulations pertaining to:
103		-	(c) Sulfur oxides, sulfuric acids,
104		-	ORGANIC SULFIDES, hydrogen
105		-	sulfide, nitrogen oxides, carbon oxides, hydrocarbons, fluorides, and any
106		-	other chemical substance;
107		-	(h) Hazardous air pollutants
108		-	AND TOXIC AIR CONTAMINANTS , AS
109		-	DEFINED IN SECTION
110		-	25-7-109.5 (1)(i).
111		-	SECTION 4. In Colorado Revised Statutes, add 25-7-109.5 as
112		-	follows:
113		-	25-7-109.5. Toxic air contaminants - annual toxic emissions
114		-	reporting program - monitoring program - health-based standards -
115		-	emission control regulations - air toxics permitting program assessment
116		-	- rules - definitions. (1) Definitions. A
117		-	S USED IN THIS SECTION, UNLESS
118		-	THE CONTEXT OTHERWISE REQUIRES
119		-	:
120		-	(a) "A
121		-	DVERSE HEALTH EFFECTS" MEANS THE DETRIMENTAL HEALTH
122		-	EFFECTS FROM EXPOSURE TO EMISSIONS OF A TOXIC AIR CONTAMINANT
123		-	,
124		-	INCLUDING THE CUMULATIVE EFFECTS TO HEALTH FROM EXPOSURE TO THE
125		-	COMBINED AIR EMISSIONS OF THE TOXIC AIR CONTAMINANT FROM MULTIPLE
126		-	SOURCES
127		-	, WHETHER THE EMISSIONS ARE EMITTED ROUTINELY ,
128		-	INTERMITTENTLY, OR ACCIDENTALLY.
129		-	(b) "C
130		-	OMMUNITY-LED MONITORING PROGRAMS " MEANS AIR
131		-	MONITORING AND DATA COLLECTION
132		-	, CONCERNING CONCENTRATIONS OF
133		-	TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR
134		-	, CONDUCTED BY LOCAL
135		-	GOVERNMENTS
136		-	, NONGOVERNMENTAL ORGANIZATIONS , OR COMMUNITY
137		-	GROUPS THAT IS AT LEAST AS STRINGENT AS THE SECOND EDITION OF THE
138		-	FEDERAL ENVIRONMENTAL PROTECTION AGENCY
139		-	'S "COMPENDIUM OF
140		-	METHODS FROM THE DETERMINATION OF TOXIC ORGANIC COMPOUNDS IN
141		-	AMBIENT AIR".
142		-	(c) "D
143		-	EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH AND
144		-	ENVIRONMENT
145		-	.
146		-	(d) "D
147		-	ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
148		-	PAGE 4-HOUSE BILL 22-1244 MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).
149		-	(e) "H
150		-	EALTH-BASED STANDARDS" MEANS THE CHRONIC EXPOSURE
151		-	LIMITS FOR EACH PRIORITY TOXIC AIR CONTAMINANT REQUIRED TO PROTECT
152		-	THE PUBLIC FROM ADVERSE HEALTH EFFECTS OF THAT PRIORITY TOXIC AIR
153		-	CONTAMINANT
154		-	, ALLOWING FOR AN AMPLE MARGIN OF SAFETY, REPRESENTED
155		-	AS BENCHMARK NUMERICAL CONCENTRATIONS IN THE AMBIENT AIR
156		-	.
157		-	(f) "P
158		-	RIORITY TOXIC AIR CONTAMINANT" MEANS, AS DETERMINED BY
159		-	THE COMMISSION BY RULE UNDER SUBSECTION
160		-	(6)(a)(I) OF THIS SECTION, A
161		-	TOXIC AIR CONTAMINANT THAT MAY POSE A RISK OF HARM TO PUBLIC
162		-	HEALTH
163		-	.
164		-	(g) (I) "S
165		-	CIENTIFIC COMMUNITY" MEANS INDIVIDUALS WHO ARE
166		-	PROFESSIONALLY OR ACADEMICALLY ENGAGED IN SCIENTIFIC RESEARCH
167		-	ABOUT ADVERSE HEALTH EFFECTS FROM EXPOSURE TO TOXIC SUBSTANCES
168		-	AND HAVE EXPERTISE IN FIELDS THAT INCLUDE PATHOLOGY
169		-	, ONCOLOGY,
170		-	EPIDEMIOLOGY, OR TOXICOLOGY.
171		-	(II) "S
172		-	CIENTIFIC COMMUNITY" INCLUDES INDIVIDUALS WITH
173		-	EXPERIENCE IN THE FIELDS OF ATMOSPHERIC PHYSICS
174		-	, METEOROLOGY, OR
175		-	AMBIENT MONITORING OR EXPERIENCE ASSESSING THE IMPACTS OF
176		-	EMISSIONS OF TOXIC AIR CONTAMINANTS ON CONCENTRATIONS IN THE
177		-	AMBIENT AIR
178		-	.
179		-	(h) "S
180		-	YNTHETIC MINOR SOURCE " HAS THE MEANING SET FORTH IN
181		-	SECTION
182		-	25-7-114 (6).
183		-	(i) "T
184		-	OXIC AIR CONTAMINANT" MEANS:
	81	+	! Adjust the existing health-based standards and airborne
	82	+	toxic control measures.
	83	+	Beginning on July 1, 2027, when applying for a new or modified
	84	+	air pollution permit that is subject to the new source review requirements
	85	+	of the federal "Clean Air Act", the owner or operator of a stationary
	86	+	source of pollution must submit an analysis of the impacts of the
	87	+	stationary source's emissions of toxic air contaminants on concentrations
	88	+	of toxic air contaminants in the ambient air. The division may only
	89	+	approve the application if the division determines, based on the analysis,
	90	+	that the source's emissions will not contribute to an increase in
	91	+	concentrations in the ambient air at or in excess of a health-based
	92	+	1244
	93	+	-2- standard.
	94	+	Beginning on July 1, 2027, to protect public health and the
	95	+	environment, the division may reopen any existing air pollution permits
	96	+	and require the owner or operator of a stationary source of pollution to
	97	+	submit to the division an analysis of the impacts of the stationary source's
	98	+	emissions of toxic air contaminants on concentrations of toxic air
	99	+	contaminants in the ambient air. If the division determines, based on the
	100	+	analysis, that the source's emissions contribute to concentrations in the
	101	+	ambient air at or in excess of a health-based standard, the division may
	102	+	require a decrease or cessation in the applicable emissions over the
	103	+	shortest practicable time until the emissions no longer contribute to
	104	+	concentrations in the ambient air at or in excess of a health-based
	105	+	standard.
	106	+	The bill also creates the toxic air contaminant scientific advisory
	107	+	board (advisory board) in the department. The advisory board consists of
	108	+	3 voting members appointed by the executive director of the department
	109	+	and a nonvoting member representing the department. Each member of
	110	+	the advisory board shall:
	111	+	! Be professionally active or engaged in scientific research;
	112	+	! Be highly qualified to evaluate health effects from
	113	+	exposure to toxic substances; and
	114	+	! Have expertise in pathology, oncology, epidemiology, or
	115	+	toxicology.
	116	+	The advisory board will advise the commission on identifying
	117	+	toxic air contaminants and high-risk toxic air contaminants, establishing
	118	+	and revising health-based standards for high-risk toxic air contaminants,
	119	+	and reviewing and revising the list of covered air toxics.
	120	+	Be it enacted by the General Assembly of the State of Colorado:1
	121	+	SECTION 1. Legislative declaration. (1) The general assembly2
	122	+	hereby finds and declares that:3
	123	+	(a) Public health, safety, and welfare are endangered by the4
	124	+	emission of toxic air contaminants into the ambient air;5
	125	+	(b) Coloradans are exposed to a multitude of toxic air6
	126	+	contaminants from numerous sources
	127	+	and background levels in the7
	128	+	ambient air that may act cumulatively to produce adverse impacts to8
	129	+	public health, and these impacts must be taken into account when9
	130	+	regulating toxic air contaminants;10
	131	+	1244-3- (c) The identification and regulation of toxic air contaminants1
	132	+	should utilize the best-available scientific evidence gathered from the2
	133	+	public, private industry, the scientific community, and global, federal,3
	134	+	state, and local agencies;4
	135	+	(d) Emissions of toxic air contaminants should be monitored and5
	136	+	controlled to levels that avoid, minimize, or mitigate harm to public6
	137	+	health and the environment; and7
	138	+	(e) While there are federal and state programs in Colorado to8
	139	+	control air pollutants subject to the national ambient air quality standards,9
	140	+	there are no federal or state programs in Colorado to establish10
	141	+	health-based ambient air quality standards for toxic air contaminants.11
	142	+	(2) The general assembly further finds and declares that it is the12
	143	+	policy of the state to:13
	144	+	(a) Prioritize and protect the health and well-being of all14
	145	+	Coloradans, with a particular focus on sensitive and vulnerable groups,15
	146	+	such as children, infants, fetuses, the elderly, people with disabilities, and16
	147	+	people in disproportionately impacted communities;17
	148	+	(b) Analyze public health risks from toxic air contaminant18
	149	+	emissions from sources based on verified science and reporting of19
	150	+	emissions data, including consideration of background levels in the20
	151	+	ambient air;21
	152	+	(c) Consider regulations of toxic air contaminants in other states22
	153	+	and jurisdictions in developing state regulations;23
	154	+	(d) Use a science-based, consistent, and transparent process for24
	155	+	communicating and addressing risks from emissions of toxic air25
	156	+	contaminants; and26
	157	+	(e) Meaningfully reduce exposure to toxic air contaminant27
	158	+	1244
	159	+	-4- emissions through state regulation.1
	160	+	(3) The general assembly therefore declares that the state should2
	161	+	control and reduce the emissions of toxic air contaminants through the3
	162	+	identification of toxic air contaminants, the reporting of emissions data,4
	163	+	and the setting of protective health-based standards and effective 5
	164	+	emission control regulations.6
	165	+	SECTION 2. In Colorado Revised Statutes, 25-7-103, amend7
	166	+	(11) introductory portion and (11)(a) as follows:8
	167	+	25-7-103. Definitions. As used in this article 7, unless the context9
	168	+	otherwise requires:10
	169	+	(11) "Emission control regulation" means and includes any11
	170	+	standard promulgated by regulation which THAT is applicable to all air12
	171	+	pollution sources within a specified area and which THAT prohibits or13
	172	+	establishes permissible limits for specific types of emissions in such area;14
	173	+	and also any regulation which THAT by its terms is applicable to a15
	174	+	specified type of facility, process, or activity for the purpose of16
	175	+	controlling the extent, degree, or nature of pollution emitted from such17
	176	+	type of facility, process, or activity; any regulation adopted for the18
	177	+	purpose of preventing or minimizing emission of any air pollutant in19
	178	+	potentially dangerous quantities; and also any regulation that adopts any20
	179	+	design, equipment, work practice, or operational standard. Emission21
	180	+	control regulations shall not include standards which THAT describe22
	181	+	maximum ambient air concentrations of specifically identified pollutants23
	182	+	or which THAT describe varying degrees of pollution of ambient air.24
	183	+	Emission control regulations pertaining to hazardous air pollutants, as25
	184	+	defined in subsection (13) of this section, AND TOXIC AIR CONTAMINANTS26
	185	+	DESIGNATED PURSUANT TO SECTION 25-7-109.5, shall be consistent with27
	186	+	1244
	187	+	-5- the emission standards promulgated under section 112 of the federal act1
	188	+	or section SECTIONS 25-7-109.3 OR 25-7-109.5 in reducing or preventing2
	189	+	emissions of hazardous air pollutants and may include application of3
	190	+	measures, processes, methods, systems, or techniques, including, but not4
	191	+	limited to, measures which THAT:5
	192	+	(a) Reduce the volume of, or eliminate emissions of, such6
	193	+	pollutants through process changes, EMISSIONS LIMITATIONS, CONTROL7
	194	+	TECHNOLOGIES, substitution of materials, or other modifications;8
	195	+	SECTION 3. In Colorado Revised Statutes, 25-7-109, amend9
	196	+	(2)(c) and (2)(h) as follows:10
	197	+	25-7-109. Commission to promulgate emission control11
	198	+	regulations. (2) Such emission control regulations may include, but shall12
	199	+	not be limited to, regulations pertaining to:13
	200	+	(c) Sulfur oxides, sulfuric acids, ORGANIC SULFIDES, hydrogen14
	201	+	sulfide, nitrogen oxides, carbon oxides, hydrocarbons, fluorides, and any15
	202	+	other chemical substance;16
	203	+	(h) Hazardous air pollutants AND TOXIC AIR CONTAMINANTS, AS17
	204	+	DEFINED IN SECTION 25-7-109.5 (1)(i).18
	205	+	SECTION 4. In Colorado Revised Statutes, add 25-7-109.5 as19
	206	+	follows:20
	207	+	25-7-109.5. Toxic air contaminants - annual toxic emissions21
	208	+	reporting program - monitoring program - health-based standards22
	209	+	- emission control regulations - air toxics permitting program23
	210	+	assessment - rules - definitions. (1) Definitions. A S USED IN THIS24
	211	+	SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :25
	212	+	26
	213	+	(a) "ADVERSE HEALTH EFFECTS " MEANS THE DETRIMENTAL27
	214	+	1244
	215	+	-6- HEALTH EFFECTS FROM EXPOSURE TO EMISSIONS OF A TOXIC AIR1
	216	+	CONTAMINANT, INCLUDING THE CUMULATIVE EFFECTS TO HEALTH2
	217	+	FROM EXPOSURE TO THE COMBINED AIR EMISSIONS OF THE TOXIC AIR3
	218	+	CONTAMINANT FROM MULTIPLE SOURCES , WHETHER THE EMISSIONS ARE4
	219	+	EMITTED ROUTINELY, INTERMITTENTLY, OR ACCIDENTALLY.5
	220	+	6
	221	+	(b) "COMMUNITY-LED MONITORING PROGRAMS " MEANS AIR7
	222	+	MONITORING AND DATA COLLECTION , CONCERNING CONCENTRATIONS OF8
	223	+	TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR , CONDUCTED BY LOCAL9
	224	+	GOVERNMENTS, NONGOVERNMENTAL ORGANIZATIONS , OR COMMUNITY10
	225	+	GROUPS THAT IS AT LEAST AS STRINGENT AS THE SECOND EDITION OF THE11
	226	+	FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "COMPENDIUM OF12
	227	+	M
	228	+	ETHODS FROM THE DETERMINATION OF TOXIC ORGANIC COMPOUNDS13
	229	+	IN AMBIENT AIR".14 15
	230	+	(c) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH16
	231	+	AND ENVIRONMENT.17
	232	+	(d) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE18
	233	+	MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).19
	234	+	20
	235	+	(e) "HEALTH-BASED STANDARDS" MEANS THE CHRONIC EXPOSURE21
	236	+	LIMITS FOR EACH PRIORITY TOXIC AIR CONTAMINANT REQUIRED TO22
	237	+	PROTECT THE PUBLIC FROM ADVERSE HEALTH EFFECTS OF THAT PRIORITY23
	238	+	TOXIC AIR CONTAMINANT, ALLOWING FOR AN AMPLE MARGIN OF SAFETY ,24
	239	+	REPRESENTED AS BENCHMARK NUMERICAL CONCENTRATIONS IN THE25
	240	+	AMBIENT AIR.26
	241	+	27
	242	+	1244
	243	+	-7- (f) "PRIORITY TOXIC AIR CONTAMINANT" MEANS, AS DETERMINED1
	244	+	BY THE COMMISSION BY RULE UNDER SUBSECTION (6)(a)(I) OF THIS2
	245	+	SECTION, A TOXIC AIR CONTAMINANT THAT MAY POSE A RISK OF HARM TO3
	246	+	PUBLIC HEALTH.4
	247	+	(g) (I) "SCIENTIFIC COMMUNITY" MEANS INDIVIDUALS WHO5
	248	+	ARE PROFESSIONALLY OR ACADEMICALLY ENGAGED IN SCIENTIFIC6
	249	+	RESEARCH ABOUT ADVERSE HEALTH EFFECTS FROM EXPOSURE TO TOXIC7
	250	+	SUBSTANCES AND HAVE EXPERTISE IN FIELDS THAT INCLUDE PATHOLOGY,8
	251	+	ONCOLOGY, EPIDEMIOLOGY, OR TOXICOLOGY.9
	252	+	(II) "SCIENTIFIC COMMUNITY" INCLUDES INDIVIDUALS WITH10
	253	+	EXPERIENCE IN THE FIELDS OF ATMOSPHERIC PHYSICS, METEOROLOGY, OR11
	254	+	AMBIENT MONITORING OR EXPERIENCE ASSESSING THE IMPACTS OF12
	255	+	EMISSIONS OF TOXIC AIR CONTAMINANTS ON CONCENTRATIONS IN THE13
	256	+	AMBIENT AIR.14
	257	+	(h) "SYNTHETIC MINOR SOURCE " HAS THE MEANING SET FORTH IN15
	258	+	SECTION 25-7-114 (6).16
	259	+	(i) "TOXIC AIR CONTAMINANT" MEANS:17
185	260		(I) A
186		-	HAZARDOUS AIR POLLUTANT;
	261	+	HAZARDOUS AIR POLLUTANT;18
187	262		(II) A
188		-	COVERED AIR TOXIC, AS DEFINED IN SECTION 25-7-141 (2)(b);
189		-	OR
190		-	(III) ANY OTHER AIR POLLUTANT THAT THE COMMISSION DESIGNATES
191		-	AS A TOXIC AIR CONTAMINANT PURSUANT TO SUBSECTION
192		-	(3) OF THIS
193		-	SECTION
194		-	.
	263	+	COVERED AIR TOXIC, AS DEFINED IN SECTION 25-7-14119
	264	+	(2)(b);
	265	+	OR20
	266	+	(III) A
	267	+	NY OTHER AIR POLLUTANT THAT THE COMMISSION21
	268	+	DESIGNATES AS A TOXIC AIR CONTAMINANT PURS UANT TO SUBSECTION
	269	+	(3)22
	270	+	OF THIS SECTION.23
195	271		(2) Rules. (a) T
196		-	HE COMMISSION SHALL PROMULGATE RULES THAT
197		-	PAGE 5-HOUSE BILL 22-1244 ARE NECESSARY FOR THE PROPER IMPLEMENTATION AND ADMINISTRATION
198		-	OF THIS SECTION
199		-	.
	272	+	HE COMMISSION SHALL PROMULGATE RULES THAT24
	273	+	ARE NECESSARY FOR THE PROPER IMPLEMENTATION AND ADMINISTRATION25 OF THIS SECTION.26
200	274		(b) N
201		-	OTWITHSTANDING ANY LIMITATION IN THIS ARTICLE 7 TO THE
202		-	CONTRARY
203		-	, THE COMMISSION MAY ADOPT RULES UNDER THIS SECTION THAT
204		-	ARE MORE STRINGENT THAN THE CORRESPONDING REQUIREMENTS OF THE
205		-	FEDERAL ACT AND THE REGULATIONS ADOPTED PURSUANT TO THE FEDERAL
206		-	ACT
207		-	.
208		-	(3) Review of the list of toxic air contaminants - rules. (a) T
209		-	HE
210		-	DIVISION SHALL PUBLISH AN INITIAL LIST OF THE TOXIC AIR CONTAMINANTS
211		-	DESIGNATED PURSUANT TO SUBSECTIONS
212		-	(1)(i)(I) AND (1)(i)(II) OF THIS
213		-	SECTION BY
214		-	OCTOBER 1, 2022.
	275	+	OTWITHSTANDING ANY
	276	+	LIMITATION IN THIS ARTICLE 7 TO THE27
	277	+	1244
	278	+	-8- CONTRARY, THE COMMISSION MAY ADOPT RULES UNDER THIS SECTION1
	279	+	THAT ARE MORE STRINGENT THAN THE CORRESPONDING REQUIREMENTS2
	280	+	OF THE FEDERAL ACT AND THE REGULATIONS ADOPTED PURSUANT TO THE3
	281	+	FEDERAL ACT.4
	282	+	5
	283	+	6
	284	+	(3) Review of the list of toxic air contaminants - rules. (a) THE7
	285	+	DIVISION SHALL PUBLISH AN INITIAL LIST OF THE TOXIC AIR8
	286	+	CONTAMINANTS DESIGNATED PURSUANT TO SUBSECTIONS (1)(i)(I) AND9
	287	+	(1)(i)(II) OF THIS SECTION BY OCTOBER 1, 2022.10
215	288		(b) B
216		-	EGINNING NO LATER THAN SEPTEMBER 30, 2030, AND EVERY
217		-	FIVE YEARS THEREAFTER
218		-	, OR MORE FREQUENTLY IF THE COMMISSION DEEMS
219		-	IT APPROPRIATE TO DO SO
220		-	, THE COMMISSION SHALL , PURSUANT TO
221		-	SUBSECTION
222		-	(1)(i)(III) OF THIS SECTION, REVIEW THE LIST OF TOXIC AIR
223		-	CONTAMINANTS AND DETERMINE WHETHER TO DESI GNATE ANY ADDITIONAL
224		-	AIR POLLUTANTS AS TOXIC AIR CONTAMINANTS
225		-	.
	289	+	EGINNING NO LATER THAN
	290	+	SEPTEMBER 30, 2030, AND EVERY11
	291	+	FIVE YEARS THEREAFTER, OR MORE FREQUENTLY IF THE COMMISSION12
	292	+	DEEMS IT APPROPRIATE TO DO SO, THE COMMISSION SHALL, PURSUANT TO13
	293	+	SUBSECTION (1)(i)(III) OF THIS SECTION, REVIEW THE LIST OF TOXIC AIR14
	294	+	CONTAMINANTS AND DETERMINE WHETHER TO DESIGNATE ANY15
	295	+	ADDITIONAL AIR POLLUTANTS AS TOXIC AIR CONTAMINANTS .16
226	296		(c) T
227		-	HE COMMISSION MAY DETERMINE THAT AN EXPEDITED REVIEW
228		-	IS APPROPRIATE BASED ON A REQUEST OF ANY PERSON IF
229		-	, AS PART OF THE
230		-	REQUEST
231		-	, THE PERSON DEMONSTRATES TO THE COMMISSION 'S SATISFACTION
232		-	THAT NEW OR UPDATED SCIENTIFIC DATA RELATED TO THE ADVERSE EFFECTS
233		-	OF AN AIR POLLUTANT WARRANTS EXPEDITED CONSIDERATION FOR
234		-	DESIGNATION AS A TOXIC AIR CONTAMINANT
235		-	. IF THE COMMISSION
236		-	UNDERTAKES AN EXPEDITED CONSIDERATION OF AN AIR POLLUTANT FOR
237		-	DESIGNATION AS A TOXIC AIR CONTAMINANT
238		-	, THE COMMISSION'S NEXT
239		-	REVIEW OF ADDITIONAL AIR POLLUTANTS MUST TAKE PLACE NO LATER THAN
240		-	FIVE YEARS AFTER THE EXPEDITED CONSIDERATION
241		-	.
242		-	(d) I
243		-	N DETERMINING WHETHER ANY AIR POLLUTANT SHOULD BE
244		-	DESIGNATED BY THE COMMISSION AS A TOXIC AIR CONTAMINANT
245		-	, THE
246		-	COMMISSION SHALL CONSIDER
247		-	:
248		-	(I) I
249		-	NPUT FROM THE PUBLIC AND THE SCIENTIFIC COMMUNITY ;
250		-	(II) E
251		-	XISTING DATA CONCERNING EMISSIONS OF AIR POLLUTANTS ,
252		-	INCLUDING DATA REPORTED TO :
253		-	PAGE 6-HOUSE BILL 22-1244 (A) THE DIVISION CONCERNING THE EMISSIONS OF TOXIC AIR
254		-	POLLUTANTS
255		-	; AND
256		-	(B) THE FEDERAL TOXIC RELEASE INVENTORY PURSUANT TO 42
	297	+	HE COMMISSION MAY DETERMINE THAT AN
	298	+	EXPEDITED17
	299	+	REVIEW IS APPROPRIATE BASED ON A REQUEST OF ANY PERSON IF , AS PART18
	300	+	OF THE REQUEST, THE PERSON DEMONSTRATES TO THE COMMISSION 'S19
	301	+	SATISFACTION THAT NEW OR UPDATED SCIENTIFIC DATA RELATED TO THE20
	302	+	ADVERSE EFFECTS OF AN AIR POLLUTANT WARRANTS EXPEDITED21
	303	+	CONSIDERATION FOR DESIGNATION AS A TOXIC AIR CONTAMINANT. IF THE22
	304	+	COMMISSION UNDERTAKES AN EXPEDITED CONSIDERATION OF AN AIR23
	305	+	POLLUTANT FOR DESIGNATION AS A TOXIC AIR CONTAMINANT , THE24
	306	+	COMMISSION'S NEXT REVIEW OF ADDITIONAL AIR POLLUTANTS MUST TAKE25
	307	+	PLACE NO LATER THAN FIVE YEARS AFTER THE EXPEDITED26
	308	+	CONSIDERATION.27
	309	+	1244
	310	+	-9- (d) IN DETERMINING WHETHER ANY AIR POLLUTANT SHOULD BE1
	311	+	DESIGNATED BY THE COMMISSION AS A TOXIC AIR CONTAMINANT , THE2
	312	+	COMMISSION SHALL CONSIDER : 3
	313	+	(I) INPUT FROM THE PUBLIC AND THE SCIENTIFIC COMMUNITY ;4
	314	+	(II) EXISTING DATA CONCERNING EMISSIONS OF AIR POLLUTANTS,5
	315	+	INCLUDING DATA REPORTED TO :6
	316	+	(A) T
	317	+	HE DIVISION CONCERNING THE EMISSIONS OF TOXIC AIR
	318	+	7
	319	+	POLLUTANTS; AND8
	320	+	(B) T
	321	+	HE FEDERAL TOXIC RELEASE INVENTORY PURSUANT TO 42
	322	+	9
257	323		U.S.C.
258	324		SEC. 11023 OR PREPARED BY THE FEDERAL ENVIRONMENTAL
259		-	PROTECTION AGENCY
260		-	'S AIR TOXICS SCREENING ASSESSMENT
261		-	(AIRTOXSCREEN) PROGRAM;
262		-	(III) I
263		-	NFORMATION SUBMITTED TO THE COMMISSION ABOUT THE
264		-	TOXICITY OF AIR POLLUTANTS THAT IS PUBLICLY AVAILABLE AND
265		-	PEER
266		-	-REVIEWED RELATED TO:
267		-	(A) P
268		-	OTENCY;
269		-	(B) M
270		-	ODE OF ACTION;
271		-	(C) E
272		-	XPOSURE PATTERNS;
273		-	(D) A
274		-	DVERSE HEALTH EFFECTS; AND
275		-	(E) LEVELS OF EXPOSURE THAT MAY CAUSE OR CONTRIBUTE TO
276		-	ADVERSE HEALTH EFFECTS
277		-	, INCLUDING ADVERSE HEALTH EFFECTS ARISING
278		-	FROM DISPROPORTIONATELY HIGH EXPOSURE OF PARTICULARLY
279		-	VULNERABLE GROUPS
280		-	, INCLUDING DISPROPORTIONATELY IMPACTED
281		-	COMMUNITIES
282		-	, INFANTS, CHILDREN, FETUSES, THE ELDERLY, AND PEOPLE
283		-	WITH DISABILITIES
284		-	; AND
285		-	(IV) IDENTIFICATIONS OF AIR POLLUTANTS AS TOXIC AIR
286		-	CONTAMINANTS IN OTHER STATES
287		-	.
288		-	(4) Annual toxic emissions reporting program - study - rules.
	325	+	10
	326	+	PROTECTION AGENCY 'S AIR TOXICS SCREENING ASSESSMENT11
	327	+	(
	328	+	AIRTOXSCREEN) PROGRAM;
	329	+	12
	330	+	(III) INFORMATION SUBMITTED TO THE COMMISSION ABOUT THE13
	331	+	TOXICITY OF AIR POLLUTANTS THAT IS PUBLICLY AVAILABLE AND14
	332	+	PEER-REVIEWED RELATED TO:15
	333	+	(A) POTENCY;16
	334	+	(B) MODE OF ACTION;17
	335	+	(C) EXPOSURE PATTERNS;18
	336	+	(D) ADVERSE HEALTH EFFECTS; AND19
	337	+	(E) LEVELS OF EXPOSURE THAT MAY CAUSE OR CONTRIBUTE TO20
	338	+	ADVERSE HEALTH EFFECTS, INCLUDING ADVERSE HEALTH EFFECTS ARISING21
	339	+	FROM DISPROPORTIONATELY HIGH EXPOSURE OF PARTICULARLY22
	340	+	VULNERABLE GROUPS, INCLUDING DISPROPORTIONATELY IMPACTED23
	341	+	COMMUNITIES, INFANTS, CHILDREN, FETUSES, THE ELDERLY, AND PEOPLE24
	342	+	WITH DISABILITIES; AND 25
	343	+	(IV) IDENTIFICATIONS OF AIR POLLUTANTS AS TOXIC AIR26
	344	+	CONTAMINANTS IN OTHER STATES.27
	345	+	1244
	346	+	-10- (4) Annual toxic emissions reporting program - study - rules.1
289	347		(a) O
290		-	N OR BEFORE JUNE 30 OF EACH YEAR, BEGINNING ON JUNE 30, 2024,
291		-	ALL OWNERS AND OPERATORS OF SOURCES REQUIRED TO HAVE AN
292		-	OPERATING PERMIT PURSUANT TO SECTION
293		-	25-7-114.3 AND SYNTHETIC
294		-	MINOR SOURCES MUST SUBMIT AN ANNUAL TOXIC EMISSIONS REPORT TO THE
295		-	DIVISION THAT REPORTS THE AMOUNT OF EACH TOXIC AIR CONTAMINANT
296		-	EMITTED BY EACH SOURCE IN THE PRECEDING CALENDAR YEAR
297		-	, BEGINNING
298		-	WITH
299		-	JANUARY 1, 2023, TO DECEMBER 31, 2023. THE DIVISION SHALL MAKE
300		-	ANNUAL TOXIC EMISSIONS REPORTS SUBMITTED TO THE DIVISION PURSUANT
301		-	TO THIS SUBSECTION
302		-	(4)(a) AVAILABLE TO THE PUBLIC.
303		-	PAGE 7-HOUSE BILL 22-1244 (b) IF THERE IS A CHANGE OF OWNERSHIP OR CONTROL OF THE
304		-	STATIONARY SOURCE PRIOR TO
305		-	JUNE 30 OF THE YEAR THAT AN ANNUAL
306		-	TOXIC EMISSIONS REPORT MUST BE SUBMITTED
307		-	, THE OWNER OR OPERATOR
308		-	AS OF
309		-	JUNE 30 OF THAT YEAR IS RESPONSIBLE FOR SUBMITTING THE ANNUAL
310		-	TOXIC EMISSIONS REPORT REQUIRED UNDER SUBSECTION
311		-	(4)(a) OF THIS
312		-	SECTION
313		-	.
314		-	(c) (I) T
315		-	HE DIVISION SHALL CONDUCT A STUDY AND PREPARE A
316		-	REPORT THAT INCLUDES
317		-	:
318		-	(A) A
319		-	N ANALYSIS OF THE EXISTING REQUIREMENTS FOR REPORTING
320		-	TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE FEDERAL
321		-	ENVIRONMENTAL PROTECTION AGENCY
322		-	;
323		-	(B) A
324		-	N ASSESSMENT OF THE AVAILABILITY AND QUALITY OF TOXIC
325		-	AIR CONTAMINANT DATA REPORTED TO THE DIVISION AND THE FEDERAL
326		-	ENVIRONMENTAL PROTECTION AGENCY
327		-	, WITH THE REPORTING DATA BROKEN
328		-	DOWN BY INDIVIDUAL TOXIC AIR CONTAMINANT
329		-	, GEOGRAPHIC AREA,
330		-	INDUSTRY SECTOR, AND WHETHER CATEGORIES OF STATIONARY SOURCES
331		-	REPORTING THE DATA ARE SOURCES REQUIRED TO HAVE AN OPERATING
332		-	PERMIT PURSUANT TO SECTION
333		-	25-7-114.3, SYNTHETIC MINOR SOURCES, OR
334		-	MINOR SOURCES
335		-	; AND
336		-	(C) AN IDENTIFICATION OF THE INFORMATIONAL GAPS IN THE
337		-	REPORTING OF TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE
338		-	FEDERAL ENVIRONMENTAL PROTECTION AGENCY
339		-	.
	348	+	N OR BEFORE
	349	+	JUNE 30 OF EACH YEAR, BEGINNING ON JUNE 30, 2024,2
	350	+	ALL OWNERS AND OPERATORS OF SOURCES REQUIRED TO HAVE AN 3
	351	+	OPERATING PERMIT PURSUANT TO SECTION 25-7-114.3 AND SYNTHETIC4
	352	+	MINOR SOURCES MUST SUBMIT AN ANNUAL TOXIC EMISSIONS REPORT TO5
	353	+	THE DIVISION THAT REPORTS THE AMOUNT OF EACH TOXIC AIR6
	354	+	CONTAMINANT EMITTED BY EACH SOURCE IN THE PRECEDING CALENDAR7
	355	+	YEAR, BEGINNING WITH JANUARY 1, 2023, TO DECEMBER 31, 2023. THE8
	356	+	DIVISION SHALL MAKE ANNUAL TOXIC EMISSIONS REPORTS SUBMITTED9
	357	+	TO THE DIVISION PURSUANT TO THIS SUBSECTION (4)(a) AVAILABLE TO THE10
	358	+	PUBLIC.11
	359	+	12
	360	+	(b) IF THERE IS A CHANGE OF OWNERSHIP OR CONTROL OF THE13
	361	+	STATIONARY SOURCE PRIOR TO JUNE 30 OF THE YEAR THAT AN ANNUAL14
	362	+	TOXIC EMISSIONS REPORT MUST BE SUBMITTED , THE OWNER OR OPERATOR15
	363	+	AS OF JUNE 30 OF THAT YEAR IS RESPONSIBLE FOR SUBMITTING THE16
	364	+	ANNUAL TOXIC EMISSIONS REPORT REQUIRED UNDER SUBSECTION (4)(a)17
	365	+	OF THIS SECTION.18
	366	+	(c) (I) THE DIVISION SHALL CONDUCT A STUDY AND PREPARE A19
	367	+	REPORT THAT INCLUDES:20
	368	+	(A) AN ANALYSIS OF THE EXISTING REQUIREMENTS FOR REPORTING21
	369	+	TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE FEDERAL22
	370	+	ENVIRONMENTAL PROTECTION AGENCY ;23
	371	+	(B) AN ASSESSMENT OF THE AVAILABILITY AND QUALITY OF TOXIC24
	372	+	AIR CONTAMINANT DATA REPORTED TO THE DIVISION AND THE FEDERAL25
	373	+	ENVIRONMENTAL PROTECTION AGENCY , WITH THE REPORTING DATA26
	374	+	BROKEN DOWN BY INDIVIDUAL TOXIC AIR CONTAMINANT, GEOGRAPHIC27
	375	+	1244
	376	+	-11- AREA, INDUSTRY SECTOR, AND WHETHER CATEGORIES OF STATIONARY1
	377	+	SOURCES REPORTING THE DATA ARE SOURCES REQUIRED TO HAVE AN2
	378	+	OPERATING PERMIT PURSUANT TO SECTION 25-7-114.3, SYNTHETIC MINOR3
	379	+	SOURCES, OR MINOR SOURCES; AND4
	380	+	(C) AN IDENTIFICATION OF THE INFORMATIONAL GAPS IN THE5
	381	+	REPORTING OF TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE6
	382	+	FEDERAL ENVIRONMENTAL PROTECTION AGENCY .7
	383	+	(II) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT8
	384	+	LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN9
	385	+	OPPORTUNITY TO COMMENT ON THE REPORT. THE DIVISION SHALL ALSO10
	386	+	CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM11
	387	+	DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT12
	388	+	STATIONARY SOURCES. IN FINALIZING THE REPORT, THE DIVISION SHALL13
	389	+	INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED FROM14
	390	+	THE PUBLIC, DISPROPORTIONATELY IMPACTED COMMUNITIES , WORKERS AT15
	391	+	STATIONARY SOURCES, AND THE SCIENTIFIC COMMUNITY AND IDENTIFY16
	392	+	ANY SIGNIFICANT CHANGES MADE TO THE REPORT BASED ON THOSE17
	393	+	COMMENTS. NO LATER THAN OCTOBER 1, 2024, THE DIVISION SHALL18
	394	+	SUBMIT THE FINALIZED REPORT TO THE COMMISSION .19
	395	+	(III) NO LATER THAN APRIL 30, 2025, THE COMMISSION SHALL,20
	396	+	BASED ON THE INFORMATIONAL GAPS IDENTIFIED IN THE REPORT ,21
	397	+	CONSIDER THE ADOPTION OF RULES THAT ENSURE ANNUAL REPORTS ON22
	398	+	TOXIC AIR CONTAMINANTS ARE SUBMITTED TO THE DIVISION AND MAY23
	399	+	REQUIRE ADDITIONAL TYPES OF INFORMATION TO BE INCLUDED IN ANNUAL24
	400	+	TOXIC EMISSIONS REPORTS SUBMITTED TO THE DIVISION FOR OPERATIONS25
	401	+	AND EMISSIONS OCCURRING IN CALENDAR YEAR 2025 AND EACH26
	402	+	CALENDAR YEAR THEREAFTER .27
	403	+	1244
	404	+	-12- (d) THE COMMISSION MAY ESTABLISH BY RULE A DE MINIMIS LEVEL1
	405	+	OF EMISSIONS OF A TOXIC AIR CONTAMINANT BENEATH WHICH AN2
	406	+	OWNER OR OPERATOR IS NOT REQUIRED TO REPORT ON THE EMISSIONS OF3
	407	+	THE TOXIC AIR CONTAMINANT THROUGH AN ANNUAL TOXIC EMISSIONS4
	408	+	REPORT SUBMITTED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION.5
	409	+	(5) Toxic air contaminant monitoring program - reporting -6
	410	+	rules. (a) B
	411	+	EGINNING NO LATER THAN JANUARY 1, 2024, IN ADDITION TO7
	412	+	THE FENCELINE MONITORING PROGRAM ESTABLISHED UNDER SECTION8
	413	+	25-7-141
	414	+	(5) AND THE COMMUNITY -BASED MONITORING PROGRAM9
	415	+	ESTABLISHED UNDER SECTION 25-7-141 (6), THE DIVISION SHALL DEVELOP10
	416	+	AND BEGIN TO CONDUCT A MONITORING PROGRAM TO DETERMINE THE11
	417	+	CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR OF12
	418	+	THE STATE.13
	419	+	(b) T
	420	+	HE PROGRAM SHALL INCLUDE THE INSTALLATION AND14
	421	+	OPERATION OF AT LEAST SIX
	422	+	MONITORING SITES COVERING BOTH URBAN15
	423	+	AND RURAL AREAS OF THE STATE. THE DIVISION SHALL ENSURE THAT AT16
	424	+	LEAST THREE MONITORING SITES ARE INSTALLED AND OPERATING BY17
	425	+	J
	426	+	ANUARY 1, 2024, AND THAT AT LEAST THREE ADDITIONAL
	427	+	18
	428	+	MONITORING SITES ARE INSTALLED AND OPERATING BY JULY 1, 2025.19
	429	+	E
	430	+	ACH MONITORING SITE MUST HAVE THE ABILITY TO DETECT TRENDS IN20
	431	+	CONCENTRATIONS OF VARIOUS TOXIC AIR CONTAMINANTS IN THE AMBIENT21
	432	+	AIR OVER TIME AT THE SITE.22
	433	+	(c) A
	434	+	T A MINIMUM, A MONITORING SITE MUST MEASURE THE23
	435	+	CONCENTRATIONS OF:24
	436	+	(I) T
	437	+	HE TOXIC AIR CONTAMINANTS IDENTIFIED IN SECTION 2.3 OF25
	438	+	THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "NATIONAL AIR26
	439	+	T
	440	+	OXICS TRENDS STATION WORK PLAN TEMPLATE (REVISED APRIL 2019)".27
	441	+	1244
	442	+	-13- FOR THE MEASUREMENT OF A TOXIC AIR CONTAMINANT SPECIFIED IN THIS1
	443	+	SUBSECTION (5)(c)(I), THE MEASUREMENT MUST MEET THE REQUIRED2
	444	+	MINIMUM DETECTION LIMIT SPECIFIED FOR THE MEASURED AIR POLLUTANT3
	445	+	IN SECTION 3.1 OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S4
	446	+	"N
	447	+	ATIONAL AIR TOXICS TRENDS STATION WORK PLAN TEMPLATE5
	448	+	(R
	449	+	EVISED APRIL 2019)" OR THE MOST RECENT VERSION.6
340	450		(II) T
341		-	HE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT
342		-	LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
343		-	OPPORTUNITY TO COMMENT ON THE REPORT
344		-	. THE DIVISION SHALL ALSO
345		-	CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM
346		-	DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT
347		-	STATIONARY SOURCES
348		-	. IN FINALIZING THE REPORT, THE DIVISION SHALL
349		-	INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED FROM
350		-	THE PUBLIC
351		-	, DISPROPORTIONATELY IMPACTED COMMUNITIES , WORKERS AT
352		-	STATIONARY SOURCES
353		-	, AND THE SCIENTIFIC COMMUNITY AND IDENTIFY ANY
354		-	SIGNIFICANT CHANGES MADE TO THE REPORT BASED ON THOSE COMMENTS
355		-	.
356		-	N
357		-	O LATER THAN OCTOBER 1, 2024, THE DIVISION SHALL SUBMIT THE
358		-	FINALIZED REPORT TO THE COMMISSION
359		-	.
360		-	PAGE 8-HOUSE BILL 22-1244 (III) NO LATER THAN APRIL 30, 2025, THE COMMISSION SHALL,
361		-	BASED ON THE INFORMATIONAL GAPS IDENTIFIED IN THE REPORT , CONSIDER
362		-	THE ADOPTION OF RULES THAT ENSURE ANNUAL REPORTS ON TOXIC AIR
363		-	CONTAMINANTS ARE SUBMITTED TO THE DIVISION AND MAY REQUIRE
364		-	ADDITIONAL TYPES OF INFORMATION TO BE INCLUDED IN ANNUAL TOXIC
365		-	EMISSIONS REPORTS SUBMITTED TO THE DIVISION FOR OPERATIONS AND
366		-	EMISSIONS OCCURRING IN CALENDAR YEAR
367		-	2025 AND EACH CALENDAR YEAR
368		-	THEREAFTER
369		-	.
370		-	(d) T
371		-	HE COMMISSION MAY ESTABLISH BY RULE A DE MINIMIS LEVEL
372		-	OF EMISSIONS OF A TOXIC AIR CONTAMINANT BENEATH WHICH AN OWNER OR
373		-	OPERATOR IS NOT REQUIRED TO REPORT ON THE EMISSIONS OF THE TOXIC AIR
374		-	CONTAMINANT THROUGH AN ANNUAL TOXIC EMISSIONS REPORT SUBMITTED
375		-	PURSUANT TO SUBSECTION
376		-	(4)(a) OF THIS SECTION.
377		-	(5) Toxic air contaminant monitoring program - reporting -
378		-	rules. (a) B
379		-	EGINNING NO LATER THAN JANUARY 1, 2024, IN ADDITION TO
380		-	THE FENCELINE MONITORING PROGRAM ESTABLISHED UNDER SECTION
381		-	25-7-141 (5) AND THE COMMUNITY -BASED MONITORING PROGRAM
382		-	ESTABLISHED UNDER SECTION
383		-	25-7-141 (6), THE DIVISION SHALL DEVELOP
384		-	AND BEGIN TO CONDUCT A MONITORING PROGRAM TO DETERMINE THE
385		-	CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR OF THE
386		-	STATE
387		-	.
388		-	(b) T
389		-	HE PROGRAM SHALL INCLUDE THE INSTALLATION AND
390		-	OPERATION OF AT LEAST SIX MONITORING SITES COVERING BOTH URBAN AND
391		-	RURAL AREAS OF THE STATE
392		-	. THE DIVISION SHALL ENSURE THAT AT LEAST
393		-	THREE MONITORING SITES ARE INSTALLED AND OPERATING BY
394		-	JANUARY 1,
395		-	2024,
396		-	AND THAT AT LEAST THREE ADDITIONAL MONITORING SITES ARE
397		-	INSTALLED AND OPERATING BY
398		-	JULY 1, 2025. EACH MONITORING SITE MUST
399		-	HAVE THE ABILITY TO DETECT TRENDS IN CONCENTRATIONS OF VARIOUS
400		-	TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR OVER TIME AT THE SITE
401		-	.
402		-	(c) A
403		-	T A MINIMUM, A MONITORING SITE MUST MEASURE THE
404		-	CONCENTRATIONS OF
405		-	:
406		-	(I) T
407		-	HE TOXIC AIR CONTAMINANTS IDENTIFIED IN SECTION 2.3 OF THE
408		-	FEDERAL ENVIRONMENTAL PROTECTION AGENCY
409		-	'S "NATIONAL AIR TOXICS
410		-	TRENDS STATION WORK PLAN TEMPLATE (REVISED APRIL 2019)". FOR THE
411		-	MEASUREMENT OF A TOXIC AIR CONTAMINANT SPECIFIED IN THIS
412		-	PAGE 9-HOUSE BILL 22-1244 SUBSECTION (5)(c)(I), THE MEASUREMENT MUST MEET THE REQUIRED
413		-	MINIMUM DETECTION LIMIT SPECIFIED FOR THE MEASURED AIR POLLUTANT
414		-	IN SECTION
415		-	3.1 OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S
416		-	"NATIONAL AIR TOXICS TRENDS STATION WORK PLAN TEMPLATE (REVISED
417		-	APRIL 2019)" OR THE MOST RECENT VERSION.
418		-	(II) T
419		-	HE TOXIC AIR CONTAMINANTS IDENTIFIED IN TABLE 1.2-1 OF
420		-	THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY
421		-	'S "TECHNICAL
422		-	ASSISTANCE DOCUMENT FOR THE NATIONAL AIR TOXICS TRENDS STATIONS
423		-	PROGRAM (REVISION 3)" FROM OCTOBER 2016 OR THE MOST RECENT
424		-	VERSION
425		-	. FOR THE MEASUREMENT OF A TOXIC AIR CONTAMINANT SPECIFIED
426		-	IN THIS SUBSECTION
427		-	(5)(c)(II) AND ALL OTHER TOXIC AIR CONTAMINANTS
428		-	MEASURED UNDER THE MONITORING PROGRAM
429		-	, THE DIVISION MUST SPECIFY
430		-	A METHOD DETECTION LIMIT FOR EACH TOXIC AIR CONTAMINANT PURSUANT
431		-	TO APPENDIX
432		-	B OF 40 CFR 136.
	451	+	HE TOXIC AIR CONTAMINANTS IDENTIFIED IN TABLE 1.2-1 OF7
	452	+	THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S "TECHNICAL8
	453	+	A
	454	+	SSISTANCE DOCUMENT FOR THE NATIONAL AIR TOXICS TRENDS9
	455	+	S
	456	+	TATIONS PROGRAM (REVISION 3)" FROM OCTOBER 2016 OR THE MOST10
	457	+	RECENT VERSION. FOR THE MEASUREMENT OF A TOXIC AIR CONTAMINANT11
	458	+	SPECIFIED IN THIS SUBSECTION
	459	+	(5)(c)(II) AND ALL OTHER TOXIC AIR12
	460	+	CONTAMINANTS MEASURED UNDER THE MONITORING PROGRAM , THE13
	461	+	DIVISION MUST SPECIFY A METHOD DETECTION LIMIT FOR EACH TOXIC AIR14
	462	+	CONTAMINANT PURSUANT TO APPENDIX B OF 40 CFR 136.15
433	463		(d) I
434		-	N DETERMINING THE LOCATION OF ANY NEW MONITORING SITE ,
435		-	THE DIVISION SHALL:
	464	+	N DETERMINING THE LOCATION OF
	465	+	ANY NEW MONITORING SITE,16
	466	+	THE DIVISION SHALL:17
436	467		(I) P
437		-	ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC
438		-	MEETINGS WHERE MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO
439		-	COMMENT ON THE DIVISION
440		-	'S PROPOSED LOCATIONS FOR THE MONITORING
441		-	SITES
442		-	; AND
443		-	(II) GIVE PRIORITY TO LOCATIONS THAT ARE WITHIN A
444		-	DISPROPORTIONATELY IMPACTED COMMUNITY
445		-	.
	468	+	ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC18
	469	+	MEETINGS WHERE MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO19
	470	+	COMMENT ON THE DIVISION'S PROPOSED LOCATIONS FOR THE MONITORING20
	471	+	SITES; AND21
	472	+	(II) G
	473	+	IVE PRIORITY TO LOCATIONS THAT ARE WITHIN A22
	474	+	DISPROPORTIONATELY IMPACTED
	475	+	COMMUNITY. 23
446	476		(e) T
447		-	HE DIVISION MAY CHANGE THE LOCATION OF ANY MONITORING
448		-	SITE AFTER FOLLOWING THE PROCEDURE AND REQUIREMENTS SPECIFIED IN
449		-	SUBSECTION
450		-	(5)(d) OF THIS SECTION.
451		-	(f) N
452		-	O LATER THAN JULY 1, 2025, AND BY JULY 1 EACH YEAR
453		-	THEREAFTER
454		-	, THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT
455		-	LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
456		-	OPPORTUNITY TO COMMENT ON THE MONITORING PROGRAM
457		-	. THE DIVISION
458		-	SHALL ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM
459		-	DISPROPORTIONATELY IMPACTED COMMUNITIES ON THE MONITORING
460		-	PROGRAM
461		-	.
462		-	(g) (I) N
463		-	O LATER THAN OCTOBER 1, 2025, AND BY OCTOBER 1 EACH
464		-	PAGE 10-HOUSE BILL 22-1244 YEAR THEREAFTER, THE DIVISION SHALL PREPARE AN ANNUAL REPORT THAT
465		-	SUMMARIZES THE TOXIC AIR CONTAMINANT DATA COLLECTED BY THE
466		-	MONITORING SITES IN THE PREVIOUS CALENDAR YEAR
467		-	. THE DIVISION SHALL
468		-	INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED FROM
469		-	THE PUBLIC
470		-	, DISPROPORTIONATELY IMPACTED COMMUNITIES , AND THE
471		-	SCIENTIFIC COMMUNITY DURING THE TWO PUBLIC MEETINGS HELD PURSUANT
472		-	TO SUBSECTION
473		-	(5)(f) OF THIS SECTION.
474		-	(II) O
475		-	NCE THE REPORT IS FINALIZED, THE DIVISION SHALL:
476		-	(A) P
477		-	OST THE REPORT ON THE DIVISION'S WEBSITE IN BOTH ENGLISH
478		-	AND
479		-	SPANISH; AND
480		-	(B) SUBMIT THE FINALIZED REPORT TO THE HEALTH AND HUMAN
481		-	SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND ENVIRONMENT
482		-	COMMITTEE OF THE HOUSE OF REPRESENTATIVES
483		-	, OR THEIR SUCCESSOR
484		-	COMMITTEES
485		-	. NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE
486		-	REQUIREMENT TO REPORT TO THE LEGISLATIVE COMMITTEES CONTINUES
487		-	INDEFINITELY
488		-	.
489		-	(h) T
490		-	HE DIVISION SHALL REPORT ON THE NEED FOR ANY ADDITIONAL
491		-	MONITORING SITES FOR THE MONITORING PROGRAM
492		-	, AND THE COSTS
493		-	ASSOCIATED WITH ADDITI ONAL MONITORING SITES
494		-	, TO THE HEALTH AND
495		-	HUMAN SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND
496		-	ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES
497		-	, OR THEIR
498		-	SUCCESSOR COMMITTEES
499		-	, DURING THE COMMITTEES' HEARINGS HELD PRIOR
500		-	TO THE
501		-	2027 REGULAR SESSION OF THE GENERAL ASSEMBLY UNDER THE
502		-	"STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND
503		-	TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF
504		-	TITLE
505		-	2.
506		-	(6) Health-based standards - rules. (a) T
507		-	HE COMMISSION SHALL
508		-	ADOPT RULES THAT
509		-	:
510		-	(I) N
511		-	O LATER THAN APRIL 30, 2025, IDENTIFY UP TO FIVE PRIORITY
512		-	TOXIC AIR CONTAMINANTS CONSIDERING
513		-	:
514		-	(A) E
515		-	XISTING DATA CONCERNING TOXIC AIR CONTAMINANTS
516		-	GATHERED THROUGH DIVISION MONITORING PROGRAMS
517		-	;
518		-	PAGE 11-HOUSE BILL 22-1244 (B) DATA REPORTED TO THE DIVISION CONCERNING EMISSIONS OF
519		-	TOXIC AIR POLLUTANTS
520		-	;
521		-	(C) D
522		-	ATA REPORTED TO THE FEDERAL TOXICS RELEASE INVENTORY
523		-	PURSUANT TO
524		-	42 U.S.C. SEC. 11023 AND DATA PREPARED BY THE FEDERAL
525		-	ENVIRONMENTAL PROTECTION AGENCY
526		-	'S AIR TOXICS SCREENING
527		-	ASSESSMENT
528		-	(AIRTOXSCREEN) PROGRAM;
529		-	(D) A
530		-	NY OTHER RELEVANT DATA SUBMITTED TO THE COMMISSION
531		-	DURING THE RULE
532		-	-MAKING PROCESS CONCERNING THE AMOUNT OF
533		-	EMISSIONS AND CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE
534		-	AMBIENT AIR OF THE STATE
535		-	, INCLUDING DATA COLLECTED THROUGH
536		-	COMMUNITY
537		-	-LED MONITORING PROGRAMS ; AND
538		-	(E) INPUT FROM THE SCIENTIFIC COMMUNITY ; AND
539		-	(II) NO LATER THAN APRIL 30, 2026, PROPOSE HEALTH-BASED
540		-	STANDARDS FOR PRIORITY TOXIC AIR CONTAMI NANTS FOR APPROVAL BY THE
541		-	GENERAL ASSEMBLY
542		-	.
	477	+	HE DIVISION MAY CHANGE THE LOCATION OF ANY24
	478	+	MONITORING SITE AFTER FOLLOWING THE PROCEDURE AND REQUIREMENTS25
	479	+	SPECIFIED IN SUBSECTION
	480	+	(5)(d) OF THIS SECTION.26
	481	+	(f) NO LATER THAN JULY 1, 2025, AND BY JULY 1 EACH YEAR27
	482	+	1244
	483	+	-14- THEREAFTER, THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT1
	484	+	LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN2
	485	+	OPPORTUNITY TO COMMENT ON THE MONITORING PROGRAM. THE DIVISION3
	486	+	SHALL ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM4
	487	+	DISPROPORTIONATELY IMPACTED COMMUNITIES ON THE MONITORING5
	488	+	PROGRAM.6
	489	+	(g) (I) NO LATER THAN OCTOBER 1, 2025, AND BY OCTOBER 17
	490	+	EACH YEAR THEREAFTER, THE DIVISION SHALL PREPARE AN ANNUAL8
	491	+	REPORT THAT SUMMARIZES THE TOXIC AIR CONTAMINANT DATA9
	492	+	COLLECTED BY THE MONITORING SITES IN THE PREVIOUS CALENDAR YEAR.10
	493	+	THE DIVISION SHALL INCLUDE IN THE REPORT A SUMMARY OF ANY11
	494	+	COMMENTS RECEIVED FROM THE PUBLIC, DISPROPORTIONATELY IMPACTED12
	495	+	COMMUNITIES, AND THE SCIENTIFIC COMMUNITY DURING THE TWO PUBLIC13
	496	+	MEETINGS HELD PURSUANT TO SUBSECTION (5)(f) OF THIS SECTION.14
	497	+	(II) ONCE THE REPORT IS FINALIZED, THE DIVISION SHALL:15
	498	+	(A) POST THE REPORT ON THE DIVISION'S WEBSITE IN BOTH16
	499	+	ENGLISH AND SPANISH; AND17
	500	+	(B) SUBMIT THE FINALIZED REPORT TO THE HEALTH AND HUMAN18
	501	+	SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND19
	502	+	ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR20
	503	+	SUCCESSOR COMMITTEES . NOTWITHSTANDING SECTION 24-1-13621
	504	+	(11)(a)(I), THE REQUIREMENT TO REPORT TO THE LEGISLATIVE22
	505	+	COMMITTEES CONTINUES INDEFINITELY .23
	506	+	(h) THE DIVISION SHALL REPORT ON THE NEED FOR ANY24
	507	+	ADDITIONAL MONITORING SITES FOR THE MONITORING PROGRAM, AND THE25
	508	+	COSTS ASSOCIATED WITH ADDITIONAL MONITORING SITES , TO THE HEALTH26
	509	+	AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND27
	510	+	1244
	511	+	-15- ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR1
	512	+	SUCCESSOR COMMITTEES, DURING THE COMMITTEES' HEARINGS HELD2
	513	+	PRIOR TO THE 2027 REGULAR SESSION OF THE GENERAL ASSEMBLY UNDER3
	514	+	THE "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND4
	515	+	TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF5
	516	+	TITLE 2.6
	517	+	(6) Health-based standards - rules. (a) THE COMMISSION SHALL7
	518	+	ADOPT RULES THAT:8
	519	+	(I) NO LATER THAN APRIL 30, 2025, IDENTIFY UP TO FIVE PRIORITY9
	520	+	TOXIC AIR CONTAMINANTS CONSIDERING:10
	521	+	11
	522	+	(A) EXISTING DATA CONCERNING TOXIC AIR CONTAMINANTS12
	523	+	GATHERED THROUGH DIVISION MONITORING PROGRAMS ;13
	524	+	(B) DATA REPORTED TO THE DIVISION CONCERNING EMISSIONS OF14
	525	+	TOXIC AIR POLLUTANTS;15
	526	+	(C) DATA REPORTED TO THE FEDERAL TOXICS RELEASE INVENTORY16
	527	+	PURSUANT TO 42 U.S.C. SEC. 11023 AND DATA PREPARED BY THE FEDERAL17
	528	+	ENVIRONMENTAL PROTECTION AGENCY 'S AIR TOXICS SCREENING18
	529	+	ASSESSMENT (AIRTOXSCREEN) PROGRAM; 19
	530	+	(D) ANY OTHER RELEVANT DATA SUBMITTED TO THE COMMISSION20
	531	+	DURING THE RULE-MAKING PROCESS CONCERNING THE AMOUNT OF21
	532	+	EMISSIONS AND CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE22
	533	+	AMBIENT AIR OF THE STATE, INCLUDING DATA COLLECTED THROUGH23
	534	+	COMMUNITY-LED MONITORING PROGRAMS ; AND24
	535	+	(E) INPUT FROM THE SCIENTIFIC COMMUNITY ; AND25
	536	+	(II) NO LATER THAN APRIL 30, 2026, PROPOSE HEALTH-BASED26
	537	+	STANDARDS FOR PRIORITY TOXIC AIR CONTAMINANTS FOR APPROVAL BY27
	538	+	1244
	539	+	-16- THE GENERAL ASSEMBLY.1
543	540		(b) I
544		-	N DETERMINING THE HEALTH -BASED STANDARDS , THE
545		-	COMMISSION SHALL
546		-	:
547		-	(I) C
548		-	ONSIDER THE BEST AVAILABLE PEER -REVIEWED TOXICITY
549		-	VALUES REGARDING THE LEVELS OF EXPOSURE TO PRIORITY TOXIC AIR
550		-	CONTAMINANTS THAT MAY CAUSE OR CONTRIBUTE TO ADVERSE HEALTH
551		-	EFFECTS
552		-	;
553		-	(II) C
554		-	ONSIDER STANDARDS ADOPTED IN OTHER STATES TO REDUCE
555		-	OR LIMIT CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE AMBIENT
556		-	AIR
557		-	;
	541	+	N DETERMINING THE HEALTH -BASED STANDARDS, THE2
	542	+	COMMISSION SHALL:3
	543	+	(I)
	544	+	CONSIDER THE BEST AVAILABLE PEER -REVIEWED TOXICITY4
	545	+	VALUES REGARDING THE LEVELS OF EXPOSURE TO PRIORITY TOXIC AIR5
	546	+	CONTAMINANTS THAT MAY CAUSE OR CONTRIBUTE TO ADVERSE HEALTH6
	547	+	EFFECTS;7
	548	+	(II) CONSIDER STANDARDS ADOPTED IN OTHER STATES TO REDUCE8
	549	+	OR LIMIT CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE AMBIENT9
	550	+	AIR;10
558	551		(III) C
559		-	ONSIDER THE EFFECTS OF EXPOSURE TO PRIORITY TOXIC AIR
560		-	CONTAMINANTS ON VULNERABLE GROUPS OF THE STATE
561		-	, INCLUDING
562		-	DISPROPORTIONATELY IMPACTED COMMUNITIES
563		-	, INFANTS, CHILDREN,
564		-	FETUSES, THE ELDERLY, AND PEOPLE WITH DISABILITIES;
	552	+	ONSIDER THE EFFECTS OF EXPOSURE TO PRIORITY
	553	+	TOXIC AIR11
	554	+	CONTAMINANTS ON VULNERABLE GROUPS OF THE STATE , INCLUDING12
	555	+	DISPROPORTIONATELY IMPACTED COMMUNITIES , INFANTS, CHILDREN,13
	556	+	FETUSES, THE ELDERLY, AND PEOPLE WITH DISABILITIES;14
565	557		(IV) C
566		-	ONSIDER BOTH CANCER -RELATED HEALTH RISKS AND
567		-	NON
568		-	-CANCER-RELATED HEALTH RISKS.
569		-	PAGE 12-HOUSE BILL 22-1244 (V) PROVIDE FOR A SUFFICIENT MARGIN OF SAFETY THAT ACCOUNTS
570		-	FOR THE VARIOUS EFFECTS THAT DIFFERENT POPULATIONS MAY EXPERIENCE
571		-	FROM EXPOSURE TO PRIORITY TOXIC AIR CONTAMINANTS
572		-	;
573		-	(VI) C
574		-	ONSULT WITH THE SCIENTIFIC COMMUNITY THROUGH HOLDING
575		-	AT LEAST ONE PUBLIC HEARING SPECIFICALLY FOR THIS CONSULTATION
576		-	; AND
577		-	(VII) IDENTIFY THE EXCESS CANCER AND NON -CANCER RISK LEVELS
578		-	FOR USE IN DETERMINING THE HEALTH
579		-	-BASED STANDARDS.
	558	+	ONSIDER BOTH CANCER -RELATED HEALTH RISKS AND15
	559	+	NON-CANCER-RELATED HEALTH RISKS.
	560	+	16
	561	+	(V) P
	562	+	ROVIDE FOR A SUFFICIENT MARGIN OF SAFETY THAT17
	563	+	ACCOUNTS FOR THE VARIOUS EFFECTS THAT DIFFERENT POPULATIONS MAY18
	564	+	EXPERIENCE FROM EXPOSURE TO
	565	+	PRIORITY TOXIC AIR CONTAMINANTS ; 19
	566	+	(VI) CONSULT WITH THE SCIENTIFIC COMMUNITY THROUGH20
	567	+	HOLDING AT LEAST ONE PUBLIC HEARING SPECIFICALLY FOR THIS21
	568	+	CONSULTATION; AND22
	569	+	(VII) I
	570	+	DENTIFY THE EXCESS CANCER AND NON -CANCER RISK
	571	+	23
	572	+	LEVELS FOR USE IN DETERMINING THE HEALTH -BASED STANDARDS.24
580	573		(c) B
581		-	EGINNING NO LATER THAN ~~SEPTEMBER 30, 2029, AND AT LEAST~~
582		-	~~ONCE EVERY FIVE YEARS THEREAFTER~~
583		-	, THE COMMISSION SHALL:
	574	+	EGINNING NO LATER THAN
	575	+	SEPTEMBER 30, 2029, AND AT25
	576	+	LEAST ONCE EVERY FIVE YEARS THEREAFTER , THE COMMISSION SHALL:26
584	577		(I) D
585		-	ETERMINE WHETHER TO IDENTIFY ANY ADDITIONAL PRIORITY
586		-	TOXIC AIR CONTAMINANTS CONSIDERING THE DATA DESCRIBED IN
587		-	SUBSECTION
588		-	(6)(a)(I) OF THIS SECTION;
589		-	(II) D
590		-	ETERMINE WHETHER TO INCLUDE ACUTE EXPOSURE LIMITS FOR
591		-	PRIORITY TOXIC AIR CONTAMINANTS IN THE DEFINITION OF HEALTH
592		-	-BASED
593		-	STANDARDS
594		-	;
595		-	(III) D
596		-	ETERMINE WHETHER TO REVISE THE EXCESS CANCER AND
597		-	NON
598		-	-CANCER RISK LEVELS FOR USE IN DETERMINING THE HEALTH -BASED
599		-	STANDARDS
600		-	;
601		-	(IV) R
602		-	EVIEW EXISTING HEALTH-BASED STANDARDS TO ENSURE THAT
603		-	THE STANDARDS SUFFICIENTLY PROTECT PUBLIC HEALTH
604		-	; AND
605		-	(V) DETERMINE WHETHER TO PROPOSE REVISIONS TO THE GENERAL
606		-	ASSEMBLY TO ANY EXISTING HEALTH
607		-	-BASED STANDARDS IN ACCORDANCE
608		-	WITH THE CONSIDERATIONS SET FORTH IN SUBSECTION
609		-	(6)(b) OF THIS
610		-	SECTION AND
611		-	, IF A DETERMINATION IS MADE TO REVISE ANY EXISTING
612		-	HEALTH
613		-	-BASED STANDARD, THE COMMISSION MUST , WITHIN TWELVE
614		-	MONTHS AFTER THE DETERMINATION
615		-	, ADOPT RULES TO THAT EFFECT.
616		-	(d) N
617		-	O MORE THAN TWELVE MONTHS AFTER THE COMMISSION MAKES
618		-	THE DETERMINATION PURSUANT TO SECTION
619		-	(6)(c)(I) OF THIS SECTION, THE
620		-	COMMISSION SHALL PROPOSE TO THE GENERAL ASSEMBLY HEALTH
621		-	-BASED
622		-	STANDARDS FOR ANY ADDITIONAL PRIORITY TOXIC AIR CONTAMINANTS IN
623		-	ACCORDANCE WITH SUBSECTION
624		-	(6)(b) OF THIS SECTION.
625		-	PAGE 13-HOUSE BILL 22-1244 (7) Emission control regulations - rules. (a) N O LATER THAN
626		-	APRIL 30, 2026, THE COMMISSION SHALL ADOPT EMISSION CONTROL
627		-	REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR
628		-	CONTAMINANT AND PRIORITIZE REDUCTIONS IN DISPROPORTIONATELY
629		-	IMPACTED COMMUNITIES WITH MULTIPLE SOURCES OF EMISSIONS OF
630		-	PRIORITY TOXIC AIR CONTAMINANTS
631		-	.
632		-	(b) I
633		-	N DETERMINING THE EMISSION CONTROL REGULATIONS , THE
634		-	COMMISSION SHALL CONSIDER
635		-	:
636		-	(I) A
637		-	NY EMISSION CONTROL REGULATIONS ADOPTED FOR PRIORITY
638		-	TOXIC AIR CONTAMINANTS IN OTHER STATES OR BY THE FEDERAL
639		-	GOVERNMENT
640		-	;
641		-	(II) T
642		-	HE EMISSION LEVELS OF A PRIORITY TOXIC AIR CONTAMINANT
643		-	FROM DIFFERENT INDUSTRIES AND CATEGORIES OF SOURCES
644		-	, INCLUDING
645		-	SOURCES REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO SECTION
646		-	25-7-114.3, SYNTHETIC MINOR SOURCES, AND MINOR SOURCES;
647		-	(III) T
648		-	HE DEGREE OF REDUCTION OF EACH PRIORITY TOXIC AIR
649		-	CONTAMINANT THAT IS ACHIEVABLE AND TECHNICALLY AND ECONOMICALLY
650		-	FEASIBLE
651		-	, TAKING INTO ACCOUNT ENERGY , ENVIRONMENTAL , AND
652		-	ECONOMIC IMPACTS AND OTHER COSTS PURSUANT TO THE REQUIREMENTS
653		-	DESCRIBED IN SECTION
654		-	25-7-110.8;
655		-	(IV) T
656		-	HE ABILITY OF EMISSION CONTROL REGULATIONS TO REDUCE
657		-	OR ELIMINATE THE EMISSIONS OF A PRIORITY TOXIC AIR CONTAMINANT
658		-	,
659		-	INCLUDING NON-EMITTING ALTERNATIVE PROCESSES AND CONTROL
660		-	TECHNOLOGIES
661		-	; AND
662		-	(V) THE AVAILABILITY, SUITABILITY, AND RELATIVE EFFICACY OF A
663		-	LESS HAZARDOUS SUBSTITUTE FOR A PRIORITY TOXIC AIR CONTAMINANT
664		-	.
665		-	(c) F
666		-	OR NEW EMISSION SOURCES OF PRIORITY TOXIC AIR
667		-	CONTAMINANTS
668		-	, THE COMMISSION SHALL ADOPT EMISSION CONTROL
669		-	REGULATIONS THAT ARE MORE STRINGENT THAN THOSE ADOPTED FOR
670		-	EXISTING EMISSION SOURCES OF PRIORITY TOXIC AIR CONTAMINANTS
671		-	. THE
672		-	COMMISSION MAY ALSO ADOPT AN EMISSIONS THRESHOLD BELOW WHICH
673		-	NEW EMISSION SOURCES SHALL NOT BE REQUIRED TO COMPLY WITH THE
674		-	MORE STRINGENT EMISSION CONTROL REGULATIONS
675		-	.
676		-	PAGE 14-HOUSE BILL 22-1244 (d) BEGINNING NO LATER THAN SEPTEMBER 30, 2030, AND AT LEAST
677		-	ONCE EVERY FIVE YEARS THEREAFTER
678		-	, THE COMMISSION SHALL:
679		-	(I) A
680		-	DOPT EMISSION CONTROL REGULATIONS FOR ANY ADDITIONAL
681		-	PRIORITY TOXIC AIR CONTAMINANTS IDENTIFIED BY THE COMMISSION IN
682		-	ACCORDANCE WITH SUBSECTION
683		-	(6)(c)(I) OF THIS SECTION; AND
684		-	(II) DETERMINE WHETHER TO REVISE THE EXISTING EMISSION
685		-	CONTROL REGULATIONS IN ACCORDANCE WITH THE CONSIDERATIONS SET
686		-	FORTH IN SUBSECTION
687		-	(7)(b) OF THIS SECTION.
688		-	(e) I
689		-	N REVIEWING AND APPROVING AIR POLLUTION PERMITS UNDER
690		-	SECTION
691		-	25-7-114.3, THE DIVISION SHALL INCLUDE ANY APPLICABLE
692		-	EMISSION CONTROL REGULATIONS IN THE PERMIT
693		-	.
694		-	(f) T
695		-	HE EMISSION CONTROL REGULATIONS ESTABLISHED UNDER THIS
696		-	SUBSECTION
697		-	(7) SHALL NOT APPLY TO ANY ELECTRIC GENERATING RESOURCE
698		-	LOCATED WITHIN THE STATE WITH A CLOSURE DATE NO LATER THAN
699		-	JANUARY 1, 2031, THAT HAS BEEN APPROVED BY EITHER THE PUBLIC
700		-	UTILITIES COMMISSION CREATED IN SECTION
701		-	40-2-101 (1) AS PART OF AN
702		-	ELECTRIC RESOURCE PLAN OR THE AIR POLLUTION CONTROL DIVISION AS
703		-	PART OF A CLEAN ENERGY PLAN
704		-	.
705		-	(8) Air pollution regulation for sources of toxic air contaminants
706		-	- assessment. (a) N
707		-	O LATER THAN DECEMBER 31, 2025, THE DIVISION
708		-	SHALL CONDUCT AN ASSESSMENT TO D ETERMINE THE NEEDS OF THE DIVISION
709		-	TO ADMINISTER AN AIR PERMITTING PROGRAM TO REGULATE NEW
710		-	, MODIFIED,
711		-	AND EXISTING STATIONARY SOURCES THAT EMIT LEVELS OF PRIORITY TOXIC
712		-	AIR CONTAMINANTS
713		-	, REFERRED TO IN THIS SUBSECTION (8) AS THE "AIR
714		-	TOXICS PERMITTING PROGRAM
715		-	".
716		-	(b) T
717		-	HE ASSESSMENT MUST:
718		-	(I) E
719		-	VALUATE AIR TOXICS PERMITTING PROGRAMS FOR NEW ,
720		-	MODIFIED, AND EXISTING STATIONARY SOURCES OF PRIORITY TOXIC AIR
721		-	CONTAMINANTS IN OTHER STATES AND ON TRIBAL LANDS
722		-	;
723		-	(II) E
724		-	VALUATE AND MAKE RECOMMENDATIONS REGARDING THE
725		-	SCOPE OF THE AIR TOXICS PERMITTING PROGRAM
726		-	, INCLUDING THE TYPES OF
727		-	PERMITS
728		-	, STATIONARY SOURCES, INDUSTRIES, AND GEOGRAPHIC AREAS OF
729		-	PAGE 15-HOUSE BILL 22-1244 THE STATE THAT WOULD BE IMPACTED BY THE PROGRAM ;
730		-	(III) I
731		-	DENTIFY PROCESSES AND REASONABLE TIMELINES FOR :
732		-	(A) T
733		-	HE NOTIFICATION TO ANY STATIONARY SOURCES THAT COULD
734		-	BE SUBJECT TO THE AIR TOXICS PERMITTING PROGRAM
735		-	;
736		-	(B) T
737		-	HE ASSESSMENT OF PUBLIC HEAL TH RISKS ASSOCIATED WITH A
738		-	STATIONARY SOURCE
739		-	'S EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS ;
740		-	AND
741		-	(C) THE ASSESSMENT AND IMPLEMENTATION OF STRATEGIES
742		-	DESIGNED TO REDUCE EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS
743		-	FROM A STATIONARY SOURCE THROUGH PERMITTING
744		-	; AND
745		-	(IV) IDENTIFY THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH
746		-	THE IMPLEMENTATION OF AN AIR TOXICS PERMITTING PROGRAM FOR
747		-	EXISTING STATIONARY SOURCES AND POSSIBLE FUNDING MECHANISMS
748		-	.
749		-	(c) T
750		-	HE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT LEAST
751		-	TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
752		-	OPPORTUNITY TO COMMENT ON THE ASSESSMENT
753		-	. THE DIVISION SHALL ALSO
754		-	CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM
755		-	DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT
756		-	STATIONARY SOURCES ON THE ASSESSMENT
757		-	.
758		-	(d) I
759		-	N FINALIZING THE ASSESSMENT, THE DIVISION SHALL INCLUDE IN
760		-	THE ASSESSMENT A SUMMARY OF ANY COMMENTS RECEIVED FROM THE
761		-	PUBLIC
762		-	, WORKERS AT STATIONARY SOURCES , AND DISPROPORTIONATELY
763		-	IMPACTED COMMUNITIES AND IDENTIFY ANY SIGNIFICANT CHANGES MADE
764		-	TO THE ASSESSMENT BASED ON SUCH COMMENTS
765		-	.
766		-	(e) T
767		-	HE DIVISION SHALL REPORT ON THE ASSESSMENT AND PROVIDE
768		-	RECOMMENDATIONS TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF
769		-	THE SENATE AND THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
770		-	HOUSE OF REPRESENTATIVES
771		-	, OR THEIR SUCCESSOR COMMITTEES , DURING
772		-	THE COMMITTEES
773		-	' HEARINGS HELD PRIOR TO THE 2026 REGULAR SESSION OF
774		-	THE GENERAL ASSEMBLY UNDER THE
775		-	"STATE MEASUREMENT FOR
776		-	ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT
777		-	ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
778		-	PAGE 16-HOUSE BILL 22-1244 SECTION 5. In Colorado Revised Statutes, 25-7-109.3, amend (1),
779		-	(2), (3)(a)(I), (4)(a)(I), and (4)(h)(III); and repeal (3)(b), (3)(b.1), (3)(f), and
780		-	(3)(g) as follows:
781		-	25-7-109.3. Colorado hazardous air pollutant control and
782		-	reduction program - rules - repeal. (1) The commission shall promulgate
783		-	appropriate regulations RULES pertaining to hazardous air pollutants as
784		-	defined in section 25-7-103 (13) which THAT are consistent with this
785		-	section,
786		-	SECTION 25-7-109.5, and the requirements of and emission
787		-	standards promulgated pursuant to section 112 of the federal act, including
788		-	any standard required to be imposed under section 112(r) of the federal act.
789		-	The commission shall monitor the progress and results of the risk studies
790		-	performed under section 112 of the federal act to show that Colorado's
791		-	hazardous air pollutant control and reduction program is consistent with
792		-	AT
793		-	LEAST AS PROTECTIVE AS
794		-	the national strategy.
795		-	(2) Except as provided in section 25-7-114.4 (5),
796		-	The commission
797		-	may only promulgate rules pertaining to hazardous air pollutants as defined
798		-	in section 25-7-103 (13) in accordance with this section, SECTION
799		-	25-7-109.5, AND SECTION 25-7-114.4. In order to minimize additional
800		-	regulatory and compliance costs to the state's economy, any program created
801		-	by the commission pursuant to this section must
802		-	MAY contain a provision
803		-	that exempts
804		-	FROM THE REQUIREMENTS OF THE PROGRAM those sources or
805		-	categories of sources that it determines to be of minor significance. from therequirements of the program. Consistent with the provisions of section
806		-	25-7-105.1, the commission shall authorize synthetic minor sources of
807		-	hazardous air pollutants by the issuance of construction permits or
808		-	prohibitory or other rules. Such permits or rules must only be as stringent
809		-	as necessary to establish synthetic minor status. The commission shall
810		-	expeditiously implement this subsection (2) to assure ENSURE that all
811		-	sources may be able to timely qualify as a synthetic minor source, thereby
812		-	avoiding the costs of the operating permit program.
813		-	(3) (a) (I) As soon as adequate scientific, technological, and
814		-	hazardous air pollutant emissions information is available, the commission
815		-	may promulgate regulations for the control of hazardous air pollutants,
816		-	INCLUDING utilizing Colorado GACT or Colorado MACT technology-based
817		-	emission reduction requirements, as defined in section 25-7-103 (6.7) and
818		-	(6.8).
819		-	PAGE 17-HOUSE BILL 22-1244 (b) This section shall only apply to sources emitting a hazardous air
820		-	pollutant identified in the list established or amended pursuant to subsection
821		-	(5) of this section which:
822		-	(I) Are not included in categories or subcategories of sources listed
823		-	or proposed to be listed by the environmental protection agency under
824		-	section 112 of the federal act and thus will not be required to comply with
825		-	GACT or MACT under the federal act, as defined in section 25-7-103
826		-	(12.1) and (16.5); or
827		-	(II) Are included in categories or subcategories of sources listed or
828		-	proposed to be listed under section 112 of the federal act and which have:
829		-	(A) Levels of emissions of hazardous air pollutants listed under
830		-	section 112 (b) of the federal act which are below thresholds established
831		-	under the federal act and thus will not be required to comply with GACT
832		-	and MACT under the federal act and as defined in section 25-7-103 (12.1)
833		-	and (16.5); except that this section shall not apply to a source included in a
834		-	category or subcategory for which a lesser quantity emission rate has been
835		-	proposed or adopted under section 112 of the federal act; or
836		-	(B) Hazardous air pollutant emissions above a threshold level of the
837		-	substance listed under subparagraph (II) of paragraph (a) and paragraph (b)
838		-	of subsection (5) of this section.
839		-	(b.1) The commission may recognize similarities among regulated
840		-	sources or apply, when appropriate, previous control requirements
841		-	established by the commission in making a determination about the need for
842		-	such regulation under this subsection (3). The commission shall also
843		-	consider fundamentally different factors between sources in making these
844		-	determinations.
845		-	(f) This section shall not apply to sources subject to national
846		-	emission standards for hazardous air pollutants (NESHAP) established by
847		-	the administrator pursuant to the federal act, but only for those emissions
848		-	for which a NESHAP is established.
849		-	(g) This section shall not impose requirements on sources included
850		-	in categories or subcategories of sources which are listed in section 112(n)
851		-	of the federal act which are inconsistent with the timing of studies or
852		-	PAGE 18-HOUSE BILL 22-1244 assessments conducted under or definitions set forth in section 112(n) of the
853		-	federal act.
854		-	(4) (a) (I) On or after the risk-based studies required under sections
855		-	112(k)(3), 112(o), and 112(f) of the federal act are completed and received
856		-	by the commission, The commission may adopt regulations RULES
857		-	pertaining to those sources identified as emitting hazardous air pollutants
858		-	regulated under this section, which may include additional emission
859		-	reduction requirements to address any residual risk of health effects with
860		-	respect to actual persons living in the vicinity of sources after installation
861		-	of technology-based controls. Imposition of such requirements may be made
862		-	PURSUANT TO SECTION 25-7-109.5 OR upon a determination by the
863		-	commission that operation of sources without health-based controls does
864		-	not or will not represent an inconsequential threat to public health.
865		-	Regulations
866		-	RULES as finally adopted pursuant to this subsection (4) may
867		-	apply on a source-specific basis.
868		-	(h) Temporary exceptional authority. (III) This paragraph (h)
869		-	shall remain effective only until such time as the commission acts pursuant
870		-	to its authority under paragraph (a) of this subsection (4) SUBSECTION (4)(h)
871		-	IS REPEALED, EFFECTIVE JULY 1, 2026.
872		-	SECTION 6. Appropriation. (1) For the 2022-23 state fiscal year,
873		-	$3,135,853 is appropriated to the department of public health and
874		-	environment. This appropriation is from the general fund. To implement
875		-	this act, the department may use this appropriation as follows:
876		-	(a) $1,792,791 for use by the air pollution control division for
877		-	program costs, which amount is based on an assumption that the division
878		-	will require an additional 13.1 FTE;
879		-	(b) $671,906 for use by the division of environmental health and
880		-	sustainability for the toxicology and environmental epidemiology unit,
881		-	which amount is based on an assumption that the division will require an
882		-	additional 4.0 FTE;
883		-	(c) $73,928 for the purchase of legal services; and
884		-	(d) $597,228 for the purchase of information technology services.
885		-	PAGE 19-HOUSE BILL 22-1244 (2) For the 2022-23 state fiscal year, $73,928 is appropriated to the
886		-	department of law. This appropriation is from reappropriated funds received
887		-	from the department of public health and environment under subsection
888		-	(1)(c) of this section and is based on an assumption that the department of
889		-	law will require an additional 0.4 FTE. To implement this act, the
890		-	department of law may use this appropriation to provide legal services for
891		-	the department of public health and environment.
892		-	(3) For the 2022-23 state fiscal year, $597,228 is appropriated to the
893		-	office of the governor for use by the office of information technology. This
894		-	appropriation is from reappropriated funds received from the department of
895		-	public health and environment under subsection (1)(d) of this section. To
896		-	implement this act, the office may use this appropriation to provide
897		-	information technology services for the department of public health and
898		-	environment.
899		-	SECTION 7. Applicability. This act applies to conduct occurring
900		-	on or after the effective date of this act.
901		-	SECTION 8. Safety clause. The general assembly hereby finds,
902		-	PAGE 20-HOUSE BILL 22-1244 determines, and declares that this act is necessary for the immediate
903		-	preservation of the public peace, health, or safety.
904		-	____________________________ ____________________________
905		-	Alec Garnett Steve Fenberg
906		-	SPEAKER OF THE HOUSE PRESIDENT OF
907		-	OF REPRESENTATIVES THE SENATE
908		-	____________________________ ____________________________
909		-	Robin Jones Cindi L. Markwell
910		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
911		-	OF REPRESENTATIVES THE SENATE
912		-	APPROVED________________________________________
913		-	(Date and Time)
914		-	_________________________________________
915		-	Jared S. Polis
916		-	GOVERNOR OF THE STATE OF COLORADO
917		-	PAGE 21-HOUSE BILL 22-1244
	578	+	ETERMINE WHETHER TO IDENTIFY ANY ADDITIONAL
	579	+	PRIORITY27
	580	+	1244
	581	+	-17- TOXIC AIR CONTAMINANTS CONSIDERING THE DATA DESCRIBED IN1
	582	+	SUBSECTION (6)(a)(I) OF THIS SECTION;2
	583	+	3
	584	+	(II) DETERMINE WHETHER TO INCLUDE ACUTE EXPOSURE LIMITS4
	585	+	FOR PRIORITY TOXIC AIR CONTAMINANTS IN THE DEFINITION OF5
	586	+	HEALTH-BASED STANDARDS;6
	587	+	(III) DETERMINE WHETHER TO REVISE THE EXCESS CANCER AND7
	588	+	NON-CANCER RISK LEVELS FOR USE IN DETERMINING THE HEALTH -BASED8
	589	+	STANDARDS;9
	590	+	(IV) REVIEW EXISTING HEALTH-BASED STANDARDS TO ENSURE10
	591	+	THAT THE STANDARDS SUFFICIENTLY PROTECT PUBLIC HEALTH ; AND11
	592	+	(V) DETERMINE WHETHER TO PROPOSE REVISIONS TO THE12
	593	+	GENERAL ASSEMBLY TO ANY EXISTING HEALTH-BASED STANDARDS IN13
	594	+	ACCORDANCE WITH THE CONSIDERATIONS SET FORTH IN SUBSECTION14
	595	+	(6)(b) OF THIS SECTION AND, IF A DETERMINATION IS MADE TO REVISE ANY15
	596	+	EXISTING HEALTH-BASED STANDARD, THE COMMISSION MUST, WITHIN16
	597	+	TWELVE MONTHS AFTER THE DETERMINATION , ADOPT RULES TO THAT17
	598	+	EFFECT.18
	599	+	(d) NO MORE THAN TWELVE MONTHS AFTER THE COMMISSION19
	600	+	MAKES THE DETERMINATION PURSUANT TO SECTION (6)(c)(I) OF THIS20
	601	+	SECTION, THE COMMISSION SHALL PROPOSE TO THE GENERAL ASSEMBLY21
	602	+	HEALTH-BASED STANDARDS FOR ANY ADDITIONAL PRIORITY TOXIC AIR22
	603	+	CONTAMINANTS IN ACCORDANCE WITH SUBSECTION (6)(b) OF THIS23
	604	+	SECTION.24
	605	+	(7) Emission control regulations - rules. (a) NO LATER THAN25
	606	+	APRIL 30, 2026, THE COMMISSION SHALL ADOPT EMISSION CONTROL26
	607	+	REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR27
	608	+	1244
	609	+	-18- CONTAMINANT AND PRIORITIZE REDUCTIONS IN DISPROPORTIONATELY1
	610	+	IMPACTED COMMUNITIES WITH MULTIPLE SOURCES OF EMISSIONS OF2
	611	+	PRIORITY TOXIC AIR CONTAMINANTS .3
	612	+	(b) IN DETERMINING THE EMISSION CONTROL REGULATIONS , THE4
	613	+	COMMISSION SHALL CONSIDER:5
	614	+	(I) ANY EMISSION CONTROL REGULATIONS ADOPTED FOR PRIORITY6
	615	+	TOXIC AIR CONTAMINANTS IN OTHER STATES OR BY THE FEDERAL7
	616	+	GOVERNMENT;8
	617	+	(II) THE EMISSION LEVELS OF A PRIORITY TOXIC AIR CONTAMINANT9
	618	+	FROM DIFFERENT INDUSTRIES AND CATEGORIES OF SOURCES, INCLUDING10
	619	+	SOURCES REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO11
	620	+	SECTION 25-7-114.3, SYNTHETIC MINOR SOURCES, AND MINOR SOURCES;12
	621	+	(III) THE DEGREE OF REDUCTION OF EACH PRIORITY TOXIC AIR13
	622	+	CONTAMINANT THAT IS ACHIEVABLE AND TECHNICALLY AND14
	623	+	ECONOMICALLY FEASIBLE , TAKING INTO ACCOUNT ENERGY ,15
	624	+	ENVIRONMENTAL, AND ECONOMIC IMPACTS AND OTHER COSTS PURSUANT16
	625	+	TO THE REQUIREMENTS DESCRIBED IN SECTION 25-7-110.8;17
	626	+	18
	627	+	(IV) THE ABILITY OF EMISSION CONTROL REGULATIONS TO REDUCE19
	628	+	OR ELIMINATE THE EMISSIONS OF A PRIORITY TOXIC AIR CONTAMINANT ,20
	629	+	INCLUDING NON-EMITTING ALTERNATIVE PROCESSES AND CONTROL21
	630	+	TECHNOLOGIES; AND22
	631	+	23
	632	+	(V) THE AVAILABILITY, SUITABILITY, AND RELATIVE EFFICACY OF24
	633	+	A LESS HAZARDOUS SUBSTITUTE FOR A PRIORITY TOXIC AIR CONTAMINANT.25
	634	+	(c) FOR NEW EMISSION SOURCES OF PRIORITY TOXIC AIR26
	635	+	CONTAMINANTS, THE COMMISSION SHALL ADOPT EMISSION CONTROL27
	636	+	1244
	637	+	-19- REGULATIONS THAT ARE MORE STRINGENT THAN THOSE ADOPTED FOR1
	638	+	EXISTING EMISSION SOURCES OF PRIORITY TOXIC AIR CONTAMINANTS . THE2
	639	+	COMMISSION MAY ALSO ADOPT AN EMISSIONS THRESHOLD BELOW WHICH3
	640	+	NEW EMISSION SOURCES SHALL NOT BE REQUIRED TO COMPLY WITH THE4
	641	+	MORE STRINGENT EMISSION CONTROL REGULATIONS .5
	642	+	(d) BEGINNING NO LATER THAN SEPTEMBER 30, 2030, AND AT6
	643	+	LEAST ONCE EVERY FIVE YEARS THEREAFTER , THE COMMISSION SHALL:7
	644	+	(I) ADOPT EMISSION CONTROL REGULATIONS FOR ANY ADDITI ONAL8
	645	+	PRIORITY TOXIC AIR CONTAMINANTS IDENTIFIED BY THE COMMISSION IN9
	646	+	ACCORDANCE WITH SUBSECTION (6)(c)(I) OF THIS SECTION; AND10
	647	+	(II) DETERMINE WHETHER TO REVISE THE EXISTING EMISSION11
	648	+	CONTROL REGULATIONS IN ACCORDANCE WITH THE CONSIDERATIONS SET12
	649	+	FORTH IN SUBSECTION (7)(b) OF THIS SECTION. 13
	650	+	(e) IN REVIEWING AND APPROVING AIR POLLUTION PERMITS UNDER14
	651	+	SECTION 25-7-114.3, THE DIVISION SHALL INCLUDE ANY APPLICABLE15
	652	+	EMISSION CONTROL REGULATIONS IN THE PERMIT .16
	653	+	(f) THE EMISSION CONTROL REGULATIONS ESTABLISHED UNDER17
	654	+	THIS SUBSECTION (7) SHALL NOT APPLY TO ANY ELECTRIC GENERATING18
	655	+	RESOURCE LOCATED WITHIN THE STATE WITH A CLOSURE DATE NO LATER19
	656	+	THAN JANUARY 1, 2031, THAT HAS BEEN APPROVED BY EITHER THE PUBLIC20
	657	+	UTILITIES COMMISSION CREATED IN SECTION 40-2-101 (1) AS PART OF AN21
	658	+	ELECTRIC RESOURCE PLAN OR THE AIR POLLUTION CONTROL DIVISION AS22
	659	+	PART OF A CLEAN ENERGY PLAN.23
	660	+	24
	661	+	(8) Air pollution regulation for sources of toxic air25
	662	+	contaminants - assessment. (a) NO LATER THAN DECEMBER 31, 2025,26
	663	+	THE DIVISION SHALL CONDUCT AN ASSESSMENT TO DETERMINE THE NEEDS27
	664	+	1244
	665	+	-20- OF THE DIVISION TO ADMINISTER AN AIR PERMITTING PROGRAM TO1
	666	+	REGULATE NEW, MODIFIED, AND EXISTING STATIONARY SOURCES THAT2
	667	+	EMIT LEVELS OF PRIORITY TOXIC AIR CONTAMINANTS, REFERRED TO IN THIS3
	668	+	SUBSECTION (8) AS THE "AIR TOXICS PERMITTING PROGRAM ".4
	669	+	(b) THE ASSESSMENT MUST:5
	670	+	(I) EVALUATE AIR TOXICS PERMITTING PROGRAMS FOR NEW ,6
	671	+	MODIFIED, AND EXISTING STATIONARY SOURCES OF PRIORITY TOXIC AIR7
	672	+	CONTAMINANTS IN OTHER STATES AND ON TRIBAL LANDS ;8
	673	+	(II) EVALUATE AND MAKE RECOMMENDATIONS REGARDING THE9
	674	+	SCOPE OF THE AIR TOXICS PERMITTING PROGRAM , INCLUDING THE TYPES10
	675	+	OF PERMITS, STATIONARY SOURCES, INDUSTRIES, AND GEOGRAPHIC AREAS11
	676	+	OF THE STATE THAT WOULD BE IMPACTED BY THE PROGRAM ;12
	677	+	(III) IDENTIFY PROCESSES AND REASONABLE TIMELINES FOR :13
	678	+	(A) THE NOTIFICATION TO ANY STATIONARY SOURCES THAT COULD14
	679	+	BE SUBJECT TO THE AIR TOXICS PERMITTING PROGRAM ;15
	680	+	(B) THE ASSESSMENT OF PUBLIC HEALTH RISKS ASSOCIATED WITH16
	681	+	A STATIONARY SOURCE 'S EMISSIONS OF PRIORITY TOXIC AIR17
	682	+	CONTAMINANTS; AND18
	683	+	(C) THE ASSESSMENT AND IMPLEMENTATION OF STRATEGIES19
	684	+	DESIGNED TO REDUCE EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS20
	685	+	FROM A STATIONARY SOURCE THROUGH PERMITTING ; AND21
	686	+	(IV) IDENTIFY THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH22
	687	+	THE IMPLEMENTATION OF AN AIR TOXICS PERMITTING PROGRAM FOR23
	688	+	EXISTING STATIONARY SOURCES AND POSSIBLE FUNDING MECHANISMS .24
	689	+	(c) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT25
	690	+	LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN26
	691	+	OPPORTUNITY TO COMMENT ON THE ASSESSMENT. THE DIVISION SHALL27
	692	+	1244
	693	+	-21- ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM1
	694	+	DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT2
	695	+	STATIONARY SOURCES ON THE ASSESSMENT .3
	696	+	(d) IN FINALIZING THE ASSESSMENT, THE DIVISION SHALL INCLUDE4
	697	+	IN THE ASSESSMENT A SUMMARY OF ANY COMMENTS RECEIVED FROM THE5
	698	+	PUBLIC, WORKERS AT STATIONARY SOURCES, AND DISPROPORTIONATELY6
	699	+	IMPACTED COMMUNITIES AND IDENTIFY ANY SIGNIFICANT CHANGES MADE7
	700	+	TO THE ASSESSMENT BASED ON SUCH COMMENTS .8
	701	+	(e) THE DIVISION SHALL REPORT ON THE ASSESSMENT AND9
	702	+	PROVIDE RECOMMENDATIONS TO THE HEALTH AND HUMAN SERVICES10
	703	+	COMMITTEE OF THE SENATE AND THE ENERGY AND ENVIRONMENT11
	704	+	COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR SUCCESSOR12
	705	+	COMMITTEES, DURING THE COMMITTEES' HEARINGS HELD PRIOR TO THE13
	706	+	2026 REGULAR SESSION OF THE GENERAL ASSEMBLY UNDER THE "STATE14
	707	+	MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT15
	708	+	(SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.16
	709	+	17
	710	+	SECTION 5. In Colorado Revised Statutes, 25-7-109.3, amend18
	711	+	(1), (2), (3)(a)(I), (4)(a)(I), and (4)(h)(III); and repeal (3)(b), (3)(b.1),19
	712	+	(3)(f), and (3)(g) as follows:20
	713	+	25-7-109.3. Colorado hazardous air pollutant control and21
	714	+	reduction program - rules - repeal. (1) The commission shall22
	715	+	promulgate appropriate regulations RULES pertaining to hazardous air23
	716	+	pollutants as defined in section 25-7-103 (13) which THAT are consistent24
	717	+	with this section,
	718	+	SECTION 25-7-109.5, and the requirements of and25
	719	+	emission standards promulgated pursuant to section 112 of the federal act,26
	720	+	including any standard required to be imposed under section 112(r) of the27
	721	+	1244
	722	+	-22- federal act. The commission shall monitor the progress and results of the1
	723	+	risk studies performed under section 112 of the federal act to show that2
	724	+	Colorado's hazardous air pollutant control and reduction program is3
	725	+	consistent with AT LEAST AS PROTECTIVE AS the national strategy.4
	726	+	(2) Except as provided in section 25-7-114.4 (5), The commission5
	727	+	may only promulgate rules pertaining to hazardous air pollutants as6
	728	+	defined in section 25-7-103 (13) in accordance with this section, SECTION7
	729	+	25-7-109.5,
	730	+	AND SECTION 25-7-114.4. In order to minimize additional8
	731	+	regulatory and compliance costs to the state's economy, any program9
	732	+	created by the commission pursuant to this section must
	733	+	MAY contain a10
	734	+	provision that exempts
	735	+	FROM THE REQUIREMENTS OF THE PROGRAM those11
	736	+	sources or categories of sources that it determines to be of minor12
	737	+	significance. from the requirements of the program.
	738	+	Consistent with the13
	739	+	provisions of section 25-7-105.1, the commission shall authorize14
	740	+	synthetic minor sources of hazardous air pollutants by the issuance of15
	741	+	construction permits or prohibitory or other rules. Such permits or rules16
	742	+	must only be as stringent as necessary to establish synthetic minor status.17
	743	+	The commission shall expeditiously implement this subsection (2) to18
	744	+	assure ENSURE that all sources may be able to timely qualify as a synthetic19
	745	+	minor source, thereby avoiding the costs of the operating permit program.20
	746	+	(3) (a) (I) As soon as adequate scientific, technological, and21
	747	+	hazardous air pollutant emissions information is available, the22
	748	+	commission may promulgate regulations for the control of hazardous air23
	749	+	pollutants, INCLUDING utilizing Colorado GACT or Colorado MACT24
	750	+	technology-based emission reduction requirements, as defined in section25
	751	+	25-7-103 (6.7) and (6.8).26
	752	+	(b) This section shall only apply to sources emitting a hazardous27
	753	+	1244
	754	+	-23- air pollutant identified in the list established or amended pursuant to1
	755	+	subsection (5) of this section which:2
	756	+	(I) Are not included in categories or subcategories of sources3
	757	+	listed or proposed to be listed by the environmental protection agency4
	758	+	under section 112 of the federal act and thus will not be required to5
	759	+	comply with GACT or MACT under the federal act, as defined in section6
	760	+	25-7-103 (12.1) and (16.5); or7
	761	+	(II) Are included in categories or subcategories of sources listed8
	762	+	or proposed to be listed under section 112 of the federal act and which9
	763	+	have:10
	764	+	(A) Levels of emissions of hazardous air pollutants listed under11
	765	+	section 112 (b) of the federal act which are below thresholds established12
	766	+	under the federal act and thus will not be required to comply with GACT13
	767	+	and MACT under the federal act and as defined in section 25-7-10314
	768	+	(12.1) and (16.5); except that this section shall not apply to a source15
	769	+	included in a category or subcategory for which a lesser quantity emission16
	770	+	rate has been proposed or adopted under section 112 of the federal act; or17
	771	+	(B) Hazardous air pollutant emissions above a threshold level of18
	772	+	the substance listed under subparagraph (II) of paragraph (a) and19
	773	+	paragraph (b) of subsection (5) of this section.20
	774	+	(b.1) The commission may recognize similarities among regulated21
	775	+	sources or apply, when appropriate, previous control requirements22
	776	+	established by the commission in making a determination about the need23
	777	+	for such regulation under this subsection (3). The commission shall also24
	778	+	consider fundamentally different factors between sources in making these25
	779	+	determinations.26
	780	+	(f) This section shall not apply to sources subject to national27
	781	+	1244
	782	+	-24- emission standards for hazardous air pollutants (NESHAP) established by1
	783	+	the administrator pursuant to the federal act, but only for those emissions2
	784	+	for which a NESHAP is established.3
	785	+	(g) This section shall not impose requirements on sources4
	786	+	included in categories or subcategories of sources which are listed in5
	787	+	section 112(n) of the federal act which are inconsistent with the timing of6
	788	+	studies or assessments conducted under or definitions set forth in section7
	789	+	112(n) of the federal act. 8
	790	+	(4) (a) (I) On or after the risk-based studies required under9
	791	+	sections 112(k)(3), 112(o), and 112(f) of the federal act are completed10
	792	+	and received by the commission, The commission may adopt regulations11
	793	+	RULES pertaining to those sources identified as emitting hazardous air12
	794	+	pollutants regulated under this section, which may include additional13
	795	+	emission reduction requirements to address any residual risk of health14
	796	+	effects with respect to actual persons living in the vicinity of sources after15
	797	+	installation of technology-based controls. Imposition of such16
	798	+	requirements may be made
	799	+	PURSUANT TO SECTION 25-7-109.5 OR upon a17
	800	+	determination by the commission that operation of sources without18
	801	+	health-based controls does not or will not represent an inconsequential19
	802	+	threat to public health. Regulations
	803	+	RULES as finally adopted pursuant to20
	804	+	this subsection (4) may apply on a source-specific basis.21
	805	+	(h) Temporary exceptional authority. (III) This paragraph (h)22
	806	+	shall remain effective only until such time as the commission acts23
	807	+	pursuant to its authority under paragraph (a) of this subsection (4)24
	808	+	SUBSECTION (4)(h) IS REPEALED, EFFECTIVE JULY 1, 2026.25
	809	+	26
	810	+	SECTION 6. Appropriation. (1) For the 2022-23 state fiscal27
	811	+	1244
	812	+	-25- year, $3,135,853 is appropriated to the department of public health and1
	813	+	environment. This appropriation is from the general fund. To implement2
	814	+	this act, the department may use this appropriation as follows:3
	815	+	(a) $1,792,791 for use by the air pollution control division for4
	816	+	program costs, which amount is based on an assumption that the division5
	817	+	will require an additional 13.1 FTE;6
	818	+	(b) $671,906 for use by the division of environmental health and7
	819	+	sustainability for the toxicology and environmental epidemiology unit,8
	820	+	which amount is based on an assumption that the division will require an9
	821	+	additional 4.0 FTE;10
	822	+	(c) $73,928 for the purchase of legal services; and11
	823	+	(d) $597,228 for the purchase of information technology services.12
	824	+	(2) For the 2022-23 state fiscal year, $73,928 is appropriated to13
	825	+	the department of law. This appropriation is from reappropriated funds14
	826	+	received from the department of public health and environment under15
	827	+	subsection (1)(c) of this section and is based on an assumption that the16
	828	+	department of law will require an additional 0.4 FTE. To implement this17
	829	+	act, the department of law may use this appropriation to provide legal18
	830	+	services for the department of public health and environment.19
	831	+	(3) For the 2022-23 state fiscal year, $597,228 is appropriated to20
	832	+	the office of the governor for use by the office of information technology.21
	833	+	This appropriation is from reappropriated funds received from the22
	834	+	department of public health and environment under subsection (1)(d) of23
	835	+	this section. To implement this act, the office may use this appropriation24
	836	+	to provide information technology services for the department of public25
	837	+	health and environment.26
	838	+	SECTION 7. Applicability. This act applies to conduct occurring27
	839	+	1244
	840	+	-26- on or after the effective date of this act.1
	841	+	SECTION 8. Safety clause. The general assembly hereby finds,2
	842	+	determines, and declares that this act is necessary for the immediate3
	843	+	preservation of the public peace, health, or safety.4
	844	+	1244
	845	+	-27-