Louisiana 2024 2024 Regular Session

Louisiana Senate Bill SB503 Comm Sub / Analysis

                    HASBSB503 WATSOND 3319
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 503	2024 Regular Session	Lambert
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
ENVIRONMENTAL CONTROL. Provides for air monitoring. (gov sig)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Removes word "state" from standards to be established for air monitoring
programs.
2. Adds federal standards provided in CFR Part 58 to science-based standards
to be utilized by programs.
3. Requires programs seeking to monitor hazardous or toxic air pollutants in
order to allege Clean Air Act violations or noncompliance to use an EPA-
approved test or method or the latest revision of such test or method. 
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
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.
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. HASBSB503 WATSOND 3319
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 the latest revision of 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.
______________________
Jacob K. Wilson
Attorney