NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6416
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 31,2025,
shall promulgate ambient air quality standards for the following toxic,
air contaminants: benzene, formaldehyde, vinyl chloride, poly-chlorinat-
ed dibenzodioxins, polychlorinated dibenzofurans, trichloroe-thylene 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 standards for toxic air contam-
inants shall be based on the best available scientific data concerning
the potential adverse human health effects of each contaminant.
On or after January 1, 2026, 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,
polychlorinated dibenzofurans, trichloroethylene and mercury through
standards set by DEC.
PRIOR LEGISLATIVE HISTORY:
2021-2022 A.6150B Vetoed
S.4371B Vetoed
2023-2024 S.3328 Passed Senate
FISCAL 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
________________________________________________________________________
6416
2025-2026 Regular Sessions
IN ASSEMBLY
March 4, 2025
___________
Introduced by M. of A. SEPTIMO, LEVENBERG, OTIS, COLTON, ROSENTHAL,
STECK, SIMONE -- read once and referred to the Committee on Environ-
mental 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07000-01-5
A. 6416 2
1 determined by the department in consultation with the department of
2 health.
3 b. The ambient air quality standards for toxic air contaminants shall
4 be based on the best available scientific data concerning the potential
5 adverse human health effects of each contaminant.
6 3. Beginning January first, two thousand twenty-eight, the department
7 shall incorporate toxic air contaminants into each major source permit.
8 4. No later than December thirty-first, two thousand twenty-seven, the
9 department shall establish regulations specifying when and how fenceline
10 monitoring will be required for toxic air contaminants by major sources.
11 Such regulations shall at a minimum take into consideration the existing
12 air quality and the major source's proximity to a location within or
13 adjacent to a disadvantaged community.
14 § 2. This act shall take effect on the ninetieth day after it shall
15 have become a law.
