NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6150B
SPONSOR: Septimo TITLE OF BILL:
An act to amend the environmental conservation law, in relation to emis-
sions of toxic air contaminants
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to establish standards and regulations for
emissions of toxic air contaminants.
SUMMARY OF PROVISIONS:
Section 1 of this bill would amend the Environmental Conservation Law by
adding a new section 19-0330 which provides that:
The Department of Environmental Conservation (DEC), by December 31,
2023, shall promulgate ambient air quality standards for the following
toxic air contaminants: benzene, formaldehyde, vinyl chloride, polychlo-
rinated dibenzodioxins, polychlorinated dibenzofurans, trichloroethylene
and mercury. Such standards may be hourly, rolling eight-hour or annual,
or any combination thereof, as determined by DEC in consultation with
the Department of Health. Additionally, the ambient air quality stand-
ards for toxic air contaminants shall be based on the best available
scientific data concerning the potential adverse human health effects of
each contaminant.
On or after January 1, 2024, DEC shall incorporate toxic air contam-
inants into each major source permit and establish regulations specify-
ing when fenceline monitoring will be required for toxic air contam-
inants by major sources. Such regulations shall, at a minimum, take into
consideration the existing air quality and the major sources proximity
to a location within or adjacent to a disadvantaged community.
Section 2 of this bill provides that the bill shall take effect on the
ninetieth day after it shall have become a law.
JUSTIFICATION:
This legislation is necessary to reduce emissions of toxic air contam-
inants in the state, and lessen their impact on disadvantaged communi-
ties. In the United States, disadvantaged communities are the socioeco-
nomic group most likely to inhale harmful air pollutants. Inhalation of
harmful air pollutants increases the risk of heart disease, cerebrovas-
cular disease, lower respiratory infection, lung cancer, and chronic
obstructive pulmonary disease while concurrently reducing life expectan-
cy.
This inequity is illustrated by the dense concentration of industrial
facilities and highways located in the Bronx. Such facilities produce
high levels of toxic air pollutants in the borough with the highest
poverty rate and highest minority-residency rate. In correspondence with
these high rates of toxic air pollutants, marginalized residents of the
Bronx are hospitalized for asthma, respiratory illness, and cardiovascu-
lar disease at a much higher rate than other sections of the City. This
inequitable pollution pattern is replicated in disadvantaged communities
across New York State, including: Buffalo, Albany, Rochester and Syra-
cuse.
This legislation preserves and protects the quality of air in the state
by limiting the emissions of toxic air pollutants including benzene,
formaldehyde, vinyl chloride, polychlorinated dibenzodioxins, polychlo-
rinated dibenzofurans, trichloroethylene and mercury through standards
set by DEC.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
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.
