Relates to emissions of toxic air contaminants

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          4030

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                    January 31, 2025
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        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.
    18    2.  PROMULGATION  OF  STANDARDS. A. THE DEPARTMENT SHALL, ON OR BEFORE
    19  DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, PROMULGATE AMBIENT AIR
    20  QUALITY STANDARDS FOR THE FOLLOWING  TOXIC  AIR  CONTAMINANTS:  BENZENE,
    21  FORMALDEHYDE,  VINYL CHLORIDE, POLYCHLORINATED DIBENZODIOXINS, POLYCHLO-
    22  RINATED DIBENZOFURANS, TRICHLOROETHYLENE AND MERCURY. SUCH STANDARDS MAY
    23  BE HOURLY, ROLLING EIGHT-HOUR OR ANNUAL, OR ANY COMBINATION THEREOF,  AS
    24  DETERMINED  BY  THE  DEPARTMENT  IN  CONSULTATION WITH THE DEPARTMENT OF
    25  HEALTH.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07000-01-5
        S. 4030                             2

     1    B. THE AMBIENT AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS  SHALL
     2  BE  BASED ON THE BEST AVAILABLE SCIENTIFIC DATA CONCERNING THE POTENTIAL
     3  ADVERSE HUMAN HEALTH EFFECTS OF EACH CONTAMINANT.
     4    3.  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, THE DEPARTMENT
     5  SHALL INCORPORATE TOXIC AIR CONTAMINANTS INTO EACH MAJOR SOURCE PERMIT.
     6    4. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, THE
     7  DEPARTMENT SHALL ESTABLISH REGULATIONS SPECIFYING WHEN AND HOW FENCELINE
     8  MONITORING WILL BE REQUIRED FOR TOXIC AIR CONTAMINANTS BY MAJOR SOURCES.
     9  SUCH REGULATIONS SHALL AT A MINIMUM TAKE INTO CONSIDERATION THE EXISTING
    10  AIR QUALITY AND THE MAJOR SOURCE'S PROXIMITY TO  A  LOCATION  WITHIN  OR
    11  ADJACENT TO A DISADVANTAGED COMMUNITY.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law.