STATE OF NEW YORK ________________________________________________________________________ 4371--D Cal. No. 1039 2021-2022 Regular Sessions IN SENATE February 3, 2021 ___________ Introduced by Sens. BIAGGI, BAILEY, CLEARE, HINCHEY, HOYLMAN, MANNION, MAY, MYRIE, PARKER, RIVERA, SANDERS, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Envi- ronmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said commit- tee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08074-12-2S. 4371--D 2 1 e. "Toxic air contaminant" shall mean benzene, formaldehyde, vinyl 2 chloride, polychlorinated dibenzodioxins, polychlorinated dibenzofurans, 3 trichloroethylene, mercury and any other substances added by the depart- 4 ment. 5 2. Promulgation of standards. a. The department shall, on or before 6 December thirty-first, two thousand twenty-three, promulgate ambient air 7 quality standards for the following toxic air contaminants: benzene, 8 formaldehyde, vinyl chloride, polychlorinated dibenzodioxins, polychlo- 9 rinated dibenzofurans, trichloroethylene and mercury. Such standards may 10 be hourly, rolling eight-hour or annual, or any combination thereof, as 11 determined by the department in consultation with the department of 12 health. 13 b. The ambient air quality standards for toxic air contaminants shall 14 be based on the best available scientific data concerning the potential 15 adverse human health effects of each contaminant. 16 3. Beginning January first, two thousand twenty-four, the department 17 shall incorporate toxic air contaminants into each major source permit. 18 4. No later than December thirty-first, two thousand twenty-three, the 19 department shall establish regulations specifying when and how fenceline 20 monitoring will be required for toxic air contaminants by major sources. 21 Such regulations shall at a minimum take into consideration the existing 22 air quality and the major source's proximity to a location within or 23 adjacent to a disadvantaged community. 24 § 2. This act shall take effect on the ninetieth day after it shall 25 have become a law.