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.
