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2024 Regular Session
SENATE BILL NO. 503(Substitute of Senate Bill No. 275 by Senator Lambert)
BY SENATOR LAMBERT
ENVIRONMENTAL CONTROL. Provides for air monitoring. (gov sig)
1 AN ACT
2 To enact Chapter 16-A of Title 30 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 30:2383.1 through 2383.11, relative to air monitoring; to provide
4 for creation of the community air monitoring; to provide for a purpose; to provide
5 for standards for community air monitoring programs; to provide for data collection;
6 to provide for applicability; to provide for definitions; to provide for program
7 requirements; to provide for data communication; to provide for prohibited uses of
8 data; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. Chapter 16-A of Title 30 of the Louisiana Revised Statutes of 1950,
11 comprised of R.S. 30:2383.1 through 2383.11, is hereby enacted to read as follows:
12 CHAPTER 16-A LOUISIANA COMMUNITY AIR
13 MONITORING RELIABILITY
14 §2383.1. Short title
15 This chapter shall be known and may be cited as the Louisiana
16 Community Air Monitoring Reliability Act.
17 §2383.2. Purpose
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1 The purpose of this Chapter is to establish state standards for
2 community air monitoring programs operated by entities to ensure that the
3 data collected from such programs provides the public with access to accurate
4 air quality information.
5 §2383.3. Applicability
6 This Chapter shall apply to entities that have implemented community
7 air monitoring programs as defined in this Chapter.
8 §2383.4. Definitions
9 As used in this Chapter, unless the context indicates otherwise, the
10 following terms have the following meanings:
11 (1) "Ambient air" means that portion of the atmosphere, external to
12 buildings, to which the general public has access as defined in 40 CFR 50.1.
13 (2) "Community air monitoring programs" means measurement
14 systems, testing equipment, tools, and processes of ambient air used or
15 developed for the purpose of collecting air emissions data and measuring or
16 recording air pollutant concentrations by entities that received public funds or
17 use private funds. Such shall include both one-time monitoring events as well
18 as multi-sampling events. Monitoring performed by "reporting entities" as
19 defined in this Section for any purpose, including as required under judicial or
20 administrative action, are excluded from this definition and shall be subject to
21 the requirements of the applicable statutes, rules, judicial action, or
22 administrative action governing monitoring by reporting entities.
23 (3) "Criteria air pollutants" include those air pollutants for which
24 NAAQS have been established under Section 109 of the federal Clean Air Act,
25 42 U.S.C. 7409, including ozone, particulate matter, carbon monoxide, lead,
26 sulfur dioxide, and nitrogen dioxide.
27 (4) "Department" means the Louisiana Department of Environmental
28 Quality.
29 (5) "Environmental Protection Agency" or "EPA" means the United
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1 States Environmental Protection Agency.
2 (6) "Hazardous air pollutant" means a hazardous air pollutant as such
3 term is defined in Section 112(a) of the federal Clean Air Act, 42 U.S.C. 7412.
4 (7) "Toxic air pollutants" means the term as defined in LAC 33:5103.
5 (8) "National Ambient Air Quality Standards" or "NAAQS" means the
6 national ambient air quality standards established under Section 109 of the
7 federal Clean Air Act, 42 U.S.C. 7409.
8 (9) "Public funds" means any money that has been awarded, granted,
9 distributed, or otherwise provided by federal, state, tribal, or local
10 governments, departments, agencies, and instrumentalities.
11 (10) "Private funds" means any money other than public funds.
12 (11) "Reporting entities" means any organization, group, company,
13 owner, or operator of a stationary source developing or administering an air
14 monitoring program.
15 (12) "Stationary source" means a stationary source as such term is
16 defined in Section 112(a) of the federal Clean Air Act, 42 U.S.C. 7412(a).
17 §2383.5. Community air monitoring program requirements
18 A. Community air monitoring programs which seek to conduct
19 monitoring of criteria air pollutants for the purpose of alleging violations or
20 noncompliance with the federal Clean Air Act, Louisiana Environmental
21 Quality Act, or any other applicable law, rule, or regulation for which the state
22 has primary enforcement authority shall use the science-based standards set
23 forth in 40 CFR Part 50, including the NAAQS.
24 B. Community air monitoring programs which seek to conduct
25 monitoring of hazardous air pollutant or toxic air pollutant emissions for the
26 purpose of alleging violations or noncompliance with the federal Clean Air Act,
27 Louisiana Environmental Quality Act, or any other applicable law, rule, or
28 regulation for which the state has primary enforcement authority shall use the
29 most current Environmental Protection Agency-approved or promulgated
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1 emission test or monitoring method, or the most current and best available
2 version of such methods approved or promulgated by the Environmental
3 Protection Agency.
4 §2383.6. Data collection integrity
5 The parameters, equipment, and analytical methods along with any
6 modeling or mapping software utilized for analysis of the monitoring data shall
7 use the most current Environmental Protection Agency-approved or
8 promulgated emission test or monitoring method. Analysis must be conducted
9 through a laboratory approved by the Louisiana Environmental Laboratory
10 Accreditation Program, known as LELAP, or include quality assurance
11 certification of methods or equipment. Utilization of proprietary or not publicly
12 available equipment or methods shall not be acceptable for community air
13 monitoring programs.
14 §2383.7. Monitoring for criteria air pollutants
15 A. The department may use the data collected through the community
16 air monitoring program to review compliance with the state's promulgated air
17 monitoring requirements as part of its assessment of compliance with the air
18 quality standards in 40 CFR Part 50, including the NAAQS.
19 B. If community air monitoring data indicates that ambient air is not in
20 compliance with the NAAQS as determined in accordance with 40 CFR Part 50,
21 the department may consider necessary actions to address the issue, including
22 but not limited to, identifying sources of pollution, implementing pollution
23 control measures, and engaging in public outreach and education. All actions
24 taken by the department to address noncompliance with NAAQS shall be
25 consistent with the federal Clean Air Act, if applicable.
26 §2383.8. Monitoring for hazardous air pollutants
27 A. The department may use the data collected through the community
28 air monitoring program to review compliance with the state's ambient air
29 quality standards for hazardous air pollutants and toxic air pollutants.
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1 B. If community air monitoring data indicates that ambient air is not in
2 compliance with the ambient air standards specified in LAC 33:III.Chapter 51,
3 the department may consider necessary actions to address the issue, including
4 but not limited to identifying sources of pollution, implementing pollution
5 control measure, and engaging in public outreach and education. All actions
6 taken by the department to address noncompliance with ambient air standards
7 shall be consistent with the Louisiana Environmental Quality Act, if applicable.
8 §2383.9. Data communication
9 Any release or communication of the collected monitoring data shall
10 include clear explanations of data interpretation, appropriate context, including
11 the applicable or comparable ambient air standard data limitations, and
12 relevant uncertainties.
13 §2383.10. Prohibition on use of monitoring data
14 A. Data produced from community air monitoring programs alone is
15 insufficient to demonstrate a stationary source is in violation of rule, regulation,
16 or permit condition.
17 B. To promote compliance with this Chapter and the collection of
18 accurate and reliable data from community air monitoring programs, any data
19 produced from community air monitoring programs that are not in compliance
20 with this Chapter shall not be used, disclosed, or disseminated by the
21 department for purposes of or in support of the following:
22 (1) Issuing a fine, penalty, or violation against any person, including the
23 owner or operator of a stationary source.
24 (2) Bringing an administrative, regulatory, or judicial enforcement
25 action or proceeding against any person, including the owner or operator of a
26 stationary source.
27 C. The prohibitions under this Section apply to use by the department
28 or any person of any monitoring data not in compliance with this Chapter for
29 purposes of alleging violations or noncompliance with the federal Clean Air Act,
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1 Louisiana Environmental Quality Act, or any other applicable law, rule, or
2 regulation for which the state has primary enforcement authority.
3 §2383.11. Severability
4 If any provision of this Act or the application thereof to any person or
5 circumstance is held invalid, the invalidity shall not affect other provisions or
6 applications of the Act which can be given effect without the invalid provision
7 or application, and to this end the provisions of this Act are declared to be
8 severable.
9 Section 2. This Act shall become effective upon signature by the governor or, if not
10 signed by the governor, upon expiration of the time for bills to become law without signature
11 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
12 vetoed by the governor and subsequently approved by the legislature, this Act shall become
13 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jacob K. Wilson.
DIGEST
SB 503 Reengrossed 2024 Regular Session Lambert
Proposed law creates the Louisiana Community Air Monitoring Reliability Act to establish
standards for monitoring programs to ensure public access to accurate air quality
information.
Proposed law defines "ambient air" as that portion of the outdoor atmosphere which the
public can access.
Proposed law defines "community air monitoring program" as the components of a system
for collecting emissions data, during one-time or multi-sampling events, and measuring or
recording air pollutant concentrations, by entities. Reporting entities, as defined in proposed
law, are excluded.
Proposed law defines "criteria air pollutants" as those for which National Ambient Air
Quality Standards (NAAQS) are established under the Clean Air Act, including ozone,
particulates, carbon monoxide, lead, sulfur dioxide, and nitrogen dioxide.
Proposed law defines "department" as the La. Dept. of Environmental Quality (DEQ).
Proposed law defines "EPA" as the U.S. Environmental Protection Agency.
Proposed law defines "hazardous air pollutant" as a pollutant as defined in federal law.
Proposed law defines "toxic air pollutants" as pollutants defined in La. Administrative Code.
Proposed law defines "NAAQS" as the air quality standards established in federal law.
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Proposed law defines "public funds" as any money provided by government or its
instrumentalities.
Proposed law defines "private funds" as money that is not public funds.
Proposed law defines "reporting entities" as any owner or operator of a stationary source
developing or administering an air monitoring program.
Proposed law defines "stationary source" as a source defined in federal law.
Proposed law requires community air monitoring programs that seek allege violations or
noncompliance with the Clean Air Act, La. Environmental Quality Act or other rule or law
to use the standards provided in federal law and current EPA-approved testing and
monitoring methods.
Proposed law requires that equipment, software, and methods for data collection and analysis
use the current EPA-approved testing and monitoring methods. Requires that analysis be
through a LELAP-approved laboratory or include quality assurance certification. Prohibits
use of equipment or methods that are proprietary or not publicly available.
Proposed law provides that DEQ may use data collected through programs to review
compliance with NAAQS. Provides that DEQ may consider actions including source
identification, pollution control measures, and public outreach and education. Requires such
actions be in accordance with the Clean Air Act.
Proposed law provides that DEQ may use data collected to review compliance with state
ambient air quality standards for hazardous or toxic air pollutants. Provides that DEQ may
consider actions including source identification, pollution control measures, and public
outreach and education. Requires such actions be in accordance with the present law.
Proposed law requires that any communication of collected data include explanations,
context, applicable air standard data limitations, and relevant uncertainties.
Proposed law provides that data produced by programs alone is not sufficient to show a
violation of applicable law or permit. Further provides that DEQ shall not use data from
community air monitoring programs that are not in compliance with proposed law for
issuing a fine, penalty, or violation or for pursuing an enforcement action or proceeding.
Proposed law prohibits use of data not in compliance with proposed law for alleging a
violation of or noncompliance with present law or any other law for which the state has
primary enforcement authority.
Proposed law provides that invalidity of any provision of proposed law shall not affect any
other provision or application of proposed law that can be effective without the invalid
provision. Further provides that the provisions of proposed law are severable.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 30:2383.1-2383.11)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical amendments.
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