AN ACT TO REQUIRE THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY TO ESTABLISH A LIST OF CERTAIN TOXIC AIR POLLUTANTS AND CONTAMINANTS THAT MAY CAUSE THE PUBLIC, ESPECIALLY INFANTS AND CHILDREN, TO BE SUSCEPTIBLE TO ILLNESS; TO REQUIRE THE DEPARTMENT TO REVIEW AND REVISE ANY CONTROL MEASURES ADOPTED FOR THE TOXIC AIR POLLUTANTS AND CONTAMINANTS IDENTIFIED ON SUCH LIST WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE LIST; TO REQUIRE THE DEPARTMENT TO PREPARE A REPORT ON THE NEED FOR RULES OR REGULATIONS FOR UP TO FIVE OF THOSE TOXIC AIR POLLUTANTS AND CONTAMINANTS FOR WHICH NO CONTROL MEASURES HAVE BEEN PREVIOUSLY ADOPTED WITHIN THREE YEARS OF THE ESTABLISHMENT OF SUCH LIST; TO REQUIRE THE DEPARTMENT TO ADOPT WITHIN THAT SAME THREE-YEAR TIMEFRAME ANY NEW CONTROL MEASURES TO REDUCE EXPOSURE TO THOSE TOXIC AIR POLLUTANTS AND CONTAMINANTS TO PROTECT PUBLIC HEALTH, PARTICULARLY THE HEALTH OF INFANTS AND CHILDREN; TO REQUIRE THE DEPARTMENT TO ANNUALLY EVALUATE AT LEAST FIFTEEN TOXIC AIR POLLUTANTS AND CONTAMINANTS IDENTIFIED OR DESIGNATED BY THE DEPARTMENT AND PROVIDE THRESHOLD EXPOSURE LEVELS AND NONTHRESHOLD HEALTH VALUES FOR THOSE TOXIC AIR POLLUTANTS AND CONTAMINANTS; TO REQUIRE THE DEPARTMENT TO PREPARE A REPORT ON THE NEED FOR REGULATIONS FOR UP TO FIVE OF THE TOXIC AIR POLLUTANTS AND CONTAMINANTS CONTAINED ON SUCH LIST FOR WHICH NO CONTROL MEASURES HAVE BEEN PREVIOUSLY ADOPTED, OR FOR AT LEAST FIVE OF THE TOXIC AIR POLLUTANTS AND CONTAMINANTS IF MORE THAN FIVE TOXIC AIR POLLUTANTS AND CONTAMINANTS HAVE BEEN IDENTIFIED; TO REQUIRE THE DEPARTMENT TO PROMULGATE RULES AND REGULATIONS TO REDUCE EMISSIONS AND AIRBORNE LEVELS OF SUCH TOXIC AIR POLLUTANTS AND CONTAMINANTS TO COMPLY WITH CERTAIN STANDARDS; TO PROVIDE THAT THE DEPARTMENT SHALL, WITH THE PARTICIPATION OF, AND IN CONSULTATION WITH, AFFECTED SOURCES, THE INTERESTED PUBLIC, AND A DIVERSE GROUP OF EXPERTS, PREPARE A REPORT ON THE NEED AND APPROPRIATE DEGREE OF REGULATION FOR EACH SUBSTANCE WHICH THE DEPARTMENT HAS DETERMINED TO BE A TOXIC AIR POLLUTANT OR CONTAMINANT; TO PROVIDE CERTAIN REQUIREMENTS FOR SUCH REPORT; TO PROVIDE THAT SUCH REPORT AND RELEVANT COMMENTS RECEIVED DURING CONSULTATION WITH AFFECTED SOURCES AND THE PUBLIC SHALL BE MADE AVAILABLE FOR PUBLIC REVIEW AND COMMENT AT LEAST FORTY-FIVE DAYS PRIOR TO A PUBLIC HEARING; TO DEFINE THE TERM "COVERED FACILITY"; TO REQUIRE COVERED FACILITIES TO CONDUCT FENCE LINE MONITORING OF COVERED AIR TOXICS AND REPORT THE RESULTS TO THE PUBLIC; TO BRING FORWARD SECTIONS 49-2-31, 49-17-19, 49-17-21, 49-17-25, 49-17-27, 49-17-29, 49-17-31, 49-17-33, 49-17-34 AND 49-17-35, MISSISSIPPI CODE OF 1972, WHICH RELATE TO RISK ASSESSMENT, AIR QUALITY STANDARDS, PUBLIC NOTICE OF EMERGENCY, ADOPTION OF REGULATIONS AND PUBLIC HEARINGS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
This legislation aims to enhance air quality oversight by holding MDEQ accountable for identifying hazardous pollutants and implementing protective measures. Regular evaluations and public reporting will ensure transparency and community awareness regarding air quality issues. The bill is rooted in the need for preventative measures to safeguard vulnerable populations, particularly infants and children, who may be more susceptible to the adverse effects of toxic exposures.
House Bill 1162 requires the Mississippi Department of Environmental Quality (MDEQ) to establish a list of toxic air pollutants and contaminants that may pose a health risk, particularly to infants and children. The bill mandates MDEQ to evaluate these pollutants, review existing control measures, and adopt new regulations as necessary to reduce exposure and protect public health. Specific timelines are outlined, requiring MDEQ to act within two years of establishing the list and to prepare reports on the need for further regulations within three years.
Despite its public health focus, the bill may face pushback regarding the additional regulatory burden it places on industrial facilities considered 'covered facilities' under the new standards. These entities will be required to conduct fence line monitoring of air toxics and report findings to the public, which some stakeholders could view as overly burdensome or invasive. Critics may argue that such regulations could hinder economic development or impose excessive compliance costs. Proponents, however, emphasize the importance of protecting health and safety, advocating for strong regulations to ensure clean air.