49-426.04. State list of hazardous air pollutants

A. The state list of hazardous air pollutants that are subject to regulation consists of all of the following:

1. Hazardous air pollutants that are designated by the director by rule if the director finds all of the following:

(a) There is scientifically reliable evidence on the health or environmental effects of the pollutant adequate to support the designation. The director shall rely on technical protocols appropriate for the development of the list of hazardous air pollutants and shall base the designation on credible medical and toxicological evidence that has been subjected to peer review. Evidence shall be considered scientifically reliable only if it demonstrates adverse effects to human health or adverse environmental effects from an air pollutant at concentrations that are likely to occur in the environment as a result of emissions of the pollutant into the ambient air.

(b) Emissions, ambient concentrations, bioaccumulation or deposition of the pollutant result in adverse effects to human health or adverse environmental effects.

(c) An adequate and reliable methodology exists for quantifying emissions and ambient concentrations of the pollutant.

2. Federally listed hazardous air pollutants.

B. Except in the case of federally listed hazardous air pollutants, the director may by rule rescind the designation of an air pollutant as a hazardous air pollutant if the director finds that any of the criteria specified in subsection A is not satisfied.

C. Any person may petition the director to designate any air pollutant as a hazardous air pollutant pursuant to subsection A. The director shall within six months of the receipt of such a petition begin the rule making process to designate the pollutant as a hazardous air pollutant pursuant to subsection A, if the petitioner demonstrates or the director finds that all of the criteria specified in subsection A are satisfied.

D. Any person may petition the director to rescind the designation of an air pollutant as a hazardous air pollutant pursuant to subsection B. The director shall within six months of the receipt of such a petition begin the rule making process to rescind the designation of the air pollutant as a hazardous air pollutant pursuant to subsection B, if the petitioner demonstrates or the director finds that any of the criteria specified in subsection A is not satisfied.

E. The director shall not designate a conventional air pollutant as a hazardous air pollutant. This subsection shall not apply to any of the following pollutants:

1. Any pollutant that independently meets the criteria of subsection A and is a precursor to a conventional air pollutant.

2. Any pollutant that is in a class of conventional air pollutants.