Bill Text: NY A06150 | 2021-2022 | General Assembly | Amended


Bill Title: Directs the department of environmental conservation to promulgate air quality standards for emissions of certain toxic air contaminants.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced - Dead) 2022-06-01 - substituted by s4371d [A06150 Detail]

Download: New_York-2021-A06150-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6150--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 10, 2021
                                       ___________

        Introduced  by  M.  of  A. SEPTIMO, MAMDANI, ANDERSON, FERNANDEZ, SIMON,
          SILLITTI, EPSTEIN, GOTTFRIED, SOLAGES, FORREST, JACKSON,  GONZALEZ-RO-
          JAS,  DARLING,  L. ROSENTHAL,  KELLES,  SEAWRIGHT  --  read  once  and
          referred to the Committee on Environmental Conservation -- recommitted
          to the Committee on  Environmental  Conservation  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended and recommitted to said committee

        AN ACT to amend the environmental conservation law, in relation to emis-
          sions of toxic air contaminants

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 19-0330 to read as follows:
     3  § 19-0330. Air quality standards for toxic air contaminants.
     4    1.  Definitions.  For  purposes  of  this section, the following terms
     5  shall have the following meanings:
     6    a. "Adjacent to" shall mean within a radius of one mile.
     7    b.  "Disadvantaged community" shall have the same meaning as in subdi-
     8  vision five of section 75-0101 of this chapter.
     9    c. "Fenceline" shall mean the property boundary of a major source.
    10    d. "Major source" shall mean stationary air contamination source  that
    11  emits  or has the potential to emit ten tons per year or more of a toxic
    12  air contaminant or twenty-five tons per year or more of a combination of
    13  toxic contaminants.
    14    e. "Toxic air contaminant" shall  mean  benzene,  formaldehyde,  vinyl
    15  chloride, polychlorinated dibenzodioxins, polychlorinated dibenzofurans,
    16  trichloroethylene, mercury and any other substances added by the depart-
    17  ment.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08074-11-2

        A. 6150--B                          2

     1    2.  Promulgation  of  standards. a. The department shall, on or before
     2  December thirty-first, two thousand twenty-three, promulgate ambient air
     3  quality standards for the following  toxic  air  contaminants:  benzene,
     4  formaldehyde,  vinyl chloride, polychlorinated dibenzodioxins, polychlo-
     5  rinated dibenzofurans, trichloroethylene and mercury. Such standards may
     6  be  hourly, rolling eight-hour or annual, or any combination thereof, as
     7  determined by the department in  consultation  with  the  department  of
     8  health.
     9    b.  The ambient air quality standards for toxic air contaminants shall
    10  be based on the best available scientific data concerning the  potential
    11  adverse human health effects of each contaminant.
    12    3.  Beginning  January first, two thousand twenty-four, the department
    13  shall incorporate toxic air contaminants into each major source permit.
    14    4. No later than December thirty-first, two thousand twenty-three, the
    15  department shall establish regulations specifying when and how fenceline
    16  monitoring will be required for toxic air contaminants by major sources.
    17  Such regulations shall at a minimum take into consideration the existing
    18  air quality and the major source's proximity to  a  location  within  or
    19  adjacent to a disadvantaged community.
    20    §  2.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law.
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