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This entry was published on 2022-10-07
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SECTION 75-0115
Community air monitoring program
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 75
§ 75-0115. Community air monitoring program.

1. For purposes of this section, the following definitions and related
provisions shall apply:

a. "Community air monitoring system" means advanced sensing monitoring
equipment that measures and records air pollutant concentrations in the
ambient air at or near sensitive receptor locations in disadvantaged
communities.

b. "Disadvantaged community" means a community identified as
disadvantaged pursuant to the criteria set forth in section 75-0111 of
this article.

c. "Sensitive receptors" includes hospitals, schools and day care
centers, and such other locations as the department may determine.

2. a. On or before October first, two thousand twenty-two, the
department shall prepare, in consultation with the climate justice
working group, a program demonstrating community air monitoring systems.

b. The program shall identify the highest priority locations in
disadvantaged communities around the state to deploy community air
monitoring systems, which shall be communities with potentially high
exposure burdens for toxic air contaminants and criteria air pollutants.
The program shall be undertaken in no less than four communities
statewide with regional consideration.

c. The department shall publish the air quality data produced by the
community air monitoring systems deployed pursuant to this section on
its website as it becomes available.

3. On or before June first, two thousand twenty-four, the department
shall prepare, in consultation with the climate justice working group, a
strategy to reduce emissions of toxic air contaminants and criteria air
pollutants in disadvantaged communities affected by a high cumulative
exposure burden. The strategy shall include criteria for the development
of community emission reduction programs. The criteria presented in the
strategy shall include, but are not limited to, the following:

a. an assessment and identification of communities with high
cumulative exposure burdens for toxic air contaminants and criteria air
pollutants.

b. a methodology for assessing and identifying the contributing
sources or categories of sources, including, but not limited to,
stationary and mobile sources, and an estimate of their relative
contribution to elevated exposure to air pollution in impacted
communities identified pursuant to paragraph a of this subdivision.

c. an assessment of the existing and available measures for reducing
emissions from the contributing sources or categories of sources
identified pursuant to paragraph b of this subdivision.

4. a. Based on the assessment and identification of disadvantaged
communities with high cumulative exposure burdens for toxic air
contaminants and criteria air pollutants completed pursuant to paragraph
a of subdivision three of this section, the department shall select
disadvantaged communities around the state for preparation of community
emissions reduction programs. The department may select additional
locations annually thereafter, as appropriate.

b. The department shall have the authority to adopt regulations
establishing programs to achieve emissions reductions for the locations
selected using the most cost-effective measures identified pursuant to
paragraph c of subdivision three of this section.