Regulate Air Toxics

Current law defines as a "covered facility" a stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of the following "covered air toxics" in one year:

• For hydrogen cyanide, 10,000 pounds;
• For hydrogen sulfide, 5,000 pounds; and
• For benzene, 5,000 pounds.

The act changes the definition of "covered facility" to include specific listed North American industry classification system codes and expands upon the requirements applicable to covered facilities by:

• Directing the air quality control commission to consider, at least every 5 years, adding new types of covered facilities and covered air toxics;
• Requiring that a covered facility's outreach to communities near the covered facility be conducted in the 2 most prevalent languages spoken in the communities; and
• Requiring covered facilities to conduct real-time fenceline monitoring of covered air toxics and to publicly report the results of the monitoring.

The act also requires the division of administration in the department of public health and environment to:

• Establish notification thresholds for covered air toxics, the exceedance of which covered facilities must disclose to the affected community; and
• Conduct community-based monitoring of covered air toxics in areas near covered facilities and to publicly report the results, and authorizes the division to spend up to $800,000 from the general fund to buy a mobile air-quality monitoring van to use for community-based monitoring.

The act appropriates $480,939 from the stationary sources control fund to the department of public health and environment to implement the act, of which $12,761 is reappropriated to the department of law for the provision of legal services to the department of public health and environment and $283,896 is reappropriated to the office of the governor for use by the office of information technology for the provision of information technology services for the department of public health and environment.

(Note: This summary applies to this bill as enacted.)