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Regulate Air Toxics

Concerning additional public health protections in relation to the emission of air toxics.
2021 Regular Session
Natural Resources & Environment
Bill Summary

Current law defines as a "covered facility" a stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of the following "covered air toxics" in one year:

  • For hydrogen cyanide, 10,000 pounds;
  • For hydrogen sulfide, 5,000 pounds; and
  • For benzene, 5,000 pounds.

The bill expands upon the requirements applicable to covered facilities by:

  • Directing the air quality control commission to consider, at least every 5 years, adding new types of covered air toxics and adjusting the applicable emission thresholds;
  • Requiring that a covered facility's outreach to communities near the covered facility, in particular disproportionately impacted communities, be conducted in the 2 most prevalent languages spoken in the communities;
  • Requiring covered facilities to conduct fenceline monitoring of covered air toxics and to publicly report the results of the monitoring; and
  • Requiring covered facilities to take corrective action within 15 days after a violation occurs.

The bill also requires the division of administration in the department of public health and environment to conduct community-based monitoring of covered air toxics in areas near covered facilities and to publicly report the results.

(Note: This summary applies to this bill as introduced.)


Under Consideration


Bill Text


Sponsor Type Legislators
Prime Sponsor

Rep. A. Benavidez, Rep. A. Valdez
Sen. J. Gonzales, Sen. D. Moreno



Upcoming Schedule



1:30 pm  |  HCR 0112