HLS 15RS-1192 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 590
BY REPRESENTATIVE COX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ENVIRONMENT/AIR: Requires fence-line air monitoring systems at certain facilities
1 AN ACT
2To enact R.S. 30:2067, relative to air quality; to require a fence-line air monitoring system
3 at certain facilities; to provide for definitions; to provide for submission and approval
4 of an air monitoring plan; to provide for notices; to provide for public comment and
5 inspection; to provide for the authority of the Department of Environmental Quality;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 30:2067 is hereby enacted to read as follows:
9 ยง2067. Air quality monitoring
10 A. For purposes of this Section, the following terms shall have the meanings
11 ascribed to them in this Section, unless the context clearly indicates otherwise:
12 (1) "Facility" means any source of air pollutants that is required to obtain a
13 federally enforceable operating permit in accordance with 40 CFR Part 70.
14 (2) "Fence-line air monitoring system" means equipment that measures and
15 records air pollutant concentrations along the property boundary of a facility used
16 for detecting an exceedance of air quality standards or the existence of a public
17 health threat and includes the following:
18 (a) A meteorological station, unless a meteorological station is located on the
19 facility property.
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HB NO. 590
1 (b) Real-time data collection whereby the data collected from the system is
2 not stored for later processing, rather that it is collected, processed, and transmitted
3 simultaneously and without delay, such that an exceedance of air quality standards
4 can be identified and addressed and the state and local communities warned, while
5 the exceedance occurs.
6 (c) Ability to publish real-time data on the Internet for public inspection and
7 to send a real-time text message or telephone call community alert system for
8 first-responders, municipalities, and community members in the event of an
9 exceedance of air quality standards or the existence of a public health threat.
10 (d) Back-up power systems such that there is no more than two percent
11 downtime in system operation.
12 (e) Utilizes fourier transform infrared spectroscopy with both ultraviolet and
13 laser monitors which take automated measurements of the air pollutant
14 concentrations at the facility along one or more monitoring paths having a
15 monitoring path length of one thousand meters or more.
16 B.(1) On or before July 1, 2017, the owner or operator of each existing
17 facility shall submit to the department a plan for establishing and operating four
18 fence-line air monitoring systems along the north, south, east, and west of the facility
19 borders. The plan shall be based on rules and regulations promulgated by the
20 department pursuant to the provisions of this Section. The plan shall include detailed
21 information describing the equipment to be used to monitor, record, and report air
22 pollutant levels, wind direction, the siting, operation, and maintenance of this
23 equipment, and procedures for implementing data quality assurance and quality
24 control. The plan shall be updated within one year of the department promulgating
25 any revised rules and regulations pursuant to this Section.
26 (2) Prior to approval of any application for construction or a major
27 modification of a facility after July 1, 2017, the owner or operator shall obtain
28 approval of a fence-line air monitoring plan from the department.
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HB NO. 590
1 C. On or before July 1, 2016, the department shall promulgate, in accordance
2 with the Administrative Procedure Act, rules and regulations providing for criteria
3 the department shall apply in reviewing proposed fence-line air monitoring systems
4 required by this Section. These criteria shall be updated by the department every
5 five years from the initial promulgation in consideration of advances in air
6 monitoring technology, updated information regarding the health effects of air
7 pollutants, and review of data collected by existing fence-line air monitoring systems
8 established pursuant to this law. These criteria shall include, but are not limited to,
9 the following:
10 (1) Specifications for pollutant coverage, siting, third-party operator
11 standards, instrumentation, operation, maintenance, quality assurance, quality
12 control, and data reporting.
13 (2) Monitoring for specific chemicals in emissions, leaks, and pollutants,
14 including all criteria pollutants under the Environmental Protection Agency's
15 national primary and secondary ambient air quality standards, 40 CFR Part 50, and
16 class I and class II toxic air pollutants under LAC 33:III.5101 et seq., and other
17 pollutants that are hazardous to human health and that are most common to each
18 facility type.
19 (3) Location of equipment at the facility boundaries on the north, south, east,
20 and west. A facility that shares a contiguous border with another facility may share
21 a single fence-line air monitoring system along that border, so long as that fence-line
22 air monitoring system meets the requirements for both facilities.
23 (4) Implementation of community air monitoring systems in the vicinity of
24 all facilities, as defined in Subsection A of this Section, on or before July 1, 2017.
25 A community air monitoring system is equipment that measures and records air
26 pollutant concentrations in the ambient air at or near sensitive receptor locations near
27 a facility, and which may be useful for estimating associated pollutant exposures and
28 health risks, and in determining trends in air pollutant levels over time.
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HB NO. 590
1 D.(1) Within forty-five days of receipt of the fence-line air monitoring plan,
2 the department shall complete a preliminary review of the plan to identify any
3 deficiencies. If the department determines that the submitted plan is deficient, the
4 department will notify the facility owner or operator in writing. The notification will
5 specify the basis for this determination and the required corrective action. Upon
6 receipt of such notification, the owner or operator shall correct the plan and resubmit
7 the proposed plan within forty-five days. If the department determines that the
8 facility owner or operator failed to correct any deficiency identified in the
9 notification, the department shall disapprove the plan.
10 (2) The plan, including any revisions made to correct deficiencies, except for
11 information designated as confidential, shall be made available for public inspection
12 for at least forty days. The department shall consider any written comments received
13 during this period prior to approving or disapproving the final plan.
14 (3) Within forty-five days of the close of the public comment period, the
15 department shall approve the fence-line air monitoring plan if the department
16 determines that the plan meets the requirements of this Section and any rules and
17 regulations promulgated pursuant to this Section. This period may be extended if
18 necessary as determined by the department. Upon approval or disapproval of the
19 plan, the department shall provide written notification to the owner or operator. If the
20 plan is disapproved, the notification will specify the basis for this determination.
21 Within forty-five days of receipt of a disapproval notification, the owner or operator
22 shall correct the identified deficiencies and resubmit the plan.
23 (4) Within fifteen days of the approval or disapproval of a fence-line air
24 monitoring plan, the department shall publish the plan on the department's website
25 and shall notify any person who submitted comments to the plan, or who otherwise
26 requested notification of this action in writing. In making information available for
27 public inspection, requests for confidentiality shall be governed by LAC 33:I.501 et
28 seq.
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1 E. When submitting a fence-line air monitoring plan, or other documents or
2 records required by this Section, the facility owner or operator shall designate as
3 confidential any information claimed to be exempt from public disclosure under
4 LAC 33:I.501 et seq. If a document is submitted that contains information
5 designated confidential, the owner or operator shall provide a justification for this
6 designation and shall submit a separate copy of the document with the information
7 designated confidential redacted.
8 F. Within one year of the approval of a fence-line air monitoring, the facility
9 owner or operator shall install and operate a fence-line air monitoring system in
10 accordance with the approved fence-line air monitoring plan. The owner or operator
11 shall report collected fence-line air monitoring system data to the department on an
12 annual basis beginning one year from the date of approval of the plan and shall
13 maintain records of the data for a period of five years from the date the data is
14 collected.
15 G. By July 1, 2017, the department shall develop and implement a system
16 to monitor the real-time data submitted from fence-line air monitoring systems, so
17 as to respond timely when a fence-line air monitoring system indicates there is an
18 exceedance of air quality standards or the existence of a public health threat.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 590 Original 2015 Regular Session Cox
Abstract: Requires certain facilities to implement a fence-line air monitoring system.
Proposed law requires a facility required to obtain an operating permit in accordance with
federal law to implement a fence-line air monitoring system in accordance with a plan
approved by the Dept. of Environmental Quality.
Proposed law defines a "fence-line air monitoring system" as equipment that measures and
records air pollutant concentrations along the property boundary of a facility to detect an
exceedance of air quality standards or a threat to public health. Requires that the system
include a weather station, real-time data collection, the ability to publish real-time data,
back-up power systems, and utilizes fourier transform infrared spectroscopy.
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HB NO. 590
Proposed law requires that the owner or operator for each existing facility submit to the
department by July 1, 2017, a detailed plan for establishing and operating a fence-line air
monitoring systems based on rules and regulations promulgated pursuant to proposed law.
Further requires the plan to be updated within one year of the department promulgating any
revised rules and regulations.
Proposed law requires the owner or operator to obtain approval of a fence-line air monitoring
plan from the department prior to approval of any application for construction or a major
modification of a facility after July 1, 2017.
Proposed law requires, on or before July 1, 2016, the department to promulgate, in
accordance with the Administrative Procedure Act, rules and regulations providing for
criteria used to review proposed fence-line air monitoring systems. Proposed law requires
these criteria to include technical specifications, the chemicals monitored, location of
equipment, and implementation of a community air monitoring system. Further requires the
criteria to be updated by the department every five years from the initial promulgation.
Proposed law provides for a procedure for submitting a plan by the owner or operator and
consideration of approval by the department. The procedure includes notices to the owner
or operator of plan deficiencies and of approval or disapproval, notice to the public, and a
public comment and inspection period.
Proposed law authorizes the facility owner or operator to designate as confidential any
information claimed to be exempt from public disclosure in accordance with the
department's rules and regulations. Proposed law requires such claims to be accompanied
by a justification for this designation and submission of a separate copy of the document
with the information designated confidential redacted.
Proposed law requires within one year of the approval of a fence-line air monitoring plan the
installation and operation of a fence-line air monitoring system in accordance with the plan.
Proposed law requires the owner or operator to report the collected data to the department
on an annual basis beginning one year from the date of approval of the plan and shall
maintain records for a period of five years.
Proposed law requires, by July 1, 2017, the department to develop and implement a system
to monitor the real-time data submitted from fence-line air monitoring systems, so as to
respond timely when a fence-line air monitoring system that indicates there is an exceedance
of air quality standards or public health threat.
(Adds R.S. 30:2067)
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