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 469 Engrossed 2016 Regular Session Connick
Abstract: Requires certain facilities to implement a fence-line air monitoring system.
Proposed law requires on or before July 1, 2017, the owner or operator of each facility cited for three
permit violations within a 24-month period to install and continuously operate a fence-line air
monitoring system at both the property boundary of the facility closest to the nearest residential
community and the downwind property boundary of the facility. Proposed law provides for the
criteria pollutants the system shall monitor.
Proposed law requires a fence-line air monitoring system be installed at the facility's cost within 120
days of the third violation order or assessment becoming enforceable.
Proposed law defines "facility" as any stationary source or any group of stationary sources that are
located on one or more contiguous or adjacent properties, which are under common control of the
same person or persons and are defined as a major source under the federal Clean Air Act, present
law, any rule or regulation promulgated pursuant to either law, or emits one-half ton per year or more
of hydrogen sulfide.
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 used for detecting an
exceedance of air quality standards or the existence of a public health threat. Requires that the system
include a meteorological station, chemical-specific detection, measurement, notice, and reporting
of any and all exceedances, real-time data collection, real-time data public alerts, and back-up power
systems.
Proposed law requires facility owners or operators required to install and operate a fence-line air
monitoring system to maintain the records of all data from such system for five years and report this
data to the Dept. of Environmental Quality on a semiannual basis beginning on July 1, 2017.
Proposed law requires the data be collected and stored such that exceedances of public health
standards can be pinpointed to the date, location, and type of pollution.
Proposed law further requires compliance with the Environmental Protection Agency's monitoring
requirements.
(Adds R.S. 30:2067)
Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Limit the requirement to install fence-line air monitoring system to facilities cited for
three permit violations within a 24-month period.
2. Require fence-line air monitoring system to be installed at the facility's cost within 120
days of the third violation order or assessment becoming enforceable.
3. Require only facilities required to install and operate fence-line air monitoring system to
retain records and reduce the number of years for the retention of those records from ten
years to five years.