GeoLawWatch: Tracking Weather & Climate Legislation

This bill, numbered A06416, is introduced in the New York Assembly and aims to amend the environmental conservation law regarding emissions of certain toxic air contaminants. It directs the New York Department of Environmental Conservation to establish air quality standards for these toxic air pollutants.

Key Provisions:

1. Definitions: The bill provides definitions for several terms, including:

   • "Adjacent to": a radius of one mile.
   • "Disadvantaged community": as defined in section 75-0101 of the environmental conservation law.
   • "Fenceline": the property boundary of a major source of air contamination.
   • "Major source": a stationary source that emits ten tons or more of a toxic air contaminant per year or twenty-five tons of a combination of toxic contaminants.
   • "Toxic air contaminant": a defined list including benzene, formaldehyde, vinyl chloride, polychlorinated dibenzodioxins, polychlorinated dibenzofurans, trichloroethylene, and mercury, along with any other substances added by the department.

2. Standards Promulgation: The Department of Environmental Conservation is required to promulgate ambient air quality standards for the specified toxic air contaminants by December 31, 2027. These standards may vary in duration, including hourly, rolling eight-hour, or annual standards, as determined in consultation with the Department of Health.

3. Incorporation into Permits: Starting January 1, 2028, these toxic air contaminants will be incorporated into the permit process for major sources, ensuring compliance with the new air quality standards.

4. Fenceline Monitoring Regulations: By December 31, 2027, the department must establish regulations governing when and how fenceline monitoring for these contaminants will be required, taking into account existing air quality and the proximity to areas that are classified as disadvantaged communities.

The bill is designated to take effect 90 days after it becomes law.