Full Text of SB0838 103rd General Assembly
SB0838sam001 103RD GENERAL ASSEMBLY | Sen. Javier L. Cervantes Filed: 3/20/2024 | | 10300SB0838sam001 | | LRB103 03296 BDA 71250 a |
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| 1 | | AMENDMENT TO SENATE BILL 838
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 838 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 9.20 as follows: | 6 | | (415 ILCS 5/9.20 new) | 7 | | Sec. 9.20. Health and equity insights. | 8 | | (a) Findings. The General Assembly finds that: | 9 | | (1) pollution is distributed unevenly, impacts | 10 | | overburdened communities disproportionately, and varies on | 11 | | a block-by-block basis; | 12 | | (2) disparities in impact are often missed by standard | 13 | | monitoring practices; | 14 | | (3) identifying locations that attract high numbers of | 15 | | medium-duty vehicles and heavy-duty vehicles is crucial to | 16 | | mitigate emissions significantly; |
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| 1 | | (4) investment and policy development decisions must | 2 | | be made with communities and environmental justice | 3 | | advocates in order to reliably, effectively, and | 4 | | accurately prioritize impacted communities; and | 5 | | (5) collaboration with impacted communities must | 6 | | continue through implementation of policy solutions that | 7 | | are designed with those same communities. | 8 | | (b) Definitions. In this Section: | 9 | | "Agency" means the Illinois Environmental Protection | 10 | | Agency. | 11 | | "Board" means the Illinois Pollution Control Board. | 12 | | "Community air quality monitoring" means the deployment of | 13 | | low-cost sensors at the neighborhood level to better identify | 14 | | and mitigate the large disparities in pollution exposure and | 15 | | health outcomes that can occur at the local level. | 16 | | "Continuous fenceline air quality monitoring" means | 17 | | monitoring that is located on-site, that is not switched on | 18 | | and off, and that consistently collects data 24 hours a day, 7 | 19 | | days a week unless paused for repair, calibration, or | 20 | | servicing. | 21 | | "Council" means the Health and Equity Advisory Council | 22 | | established under this Section. | 23 | | "Department" means the Department of Commerce and Economic | 24 | | Opportunity. | 25 | | "Federal Equivalent Method" or "FEM" means a method that | 26 | | is used for measuring the concentration of an air pollutant in |
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| 1 | | the ambient air and that has been designated as an equivalent | 2 | | method to the Federal Reference Method. | 3 | | "Federal Reference Method" or "FRM" means a method of | 4 | | monitoring that is certified as regulatory grade and that | 5 | | employs strict measurement standards and performance | 6 | | standards. FRM monitors are generally used by regulatory | 7 | | bodies, such as the United States Environmental Protection | 8 | | Agency. | 9 | | "Local authority" means a State or local governmental | 10 | | entity with the authority to enable mobile monitoring as a | 11 | | complement to stationary and meteorological monitoring. | 12 | | "Meteorological monitoring" means monitoring for | 13 | | meteorological data, such as wind speed and direction. | 14 | | "Overburdened communities" has the same meaning as | 15 | | "environmental justice community" as defined and as may be | 16 | | updated in the long-term renewable resources procurement plan | 17 | | of the Illinois Power Agency and its Program Administrator | 18 | | under the Illinois Solar for All Program. | 19 | | "Regulated facility" means the following: | 20 | | (1) any facility that is at least 100,000 square feet | 21 | | in size; | 22 | | (2) any set of facilities with a common owner or | 23 | | operator that, in the aggregate, is at least 500,000 | 24 | | square feet in size; and | 25 | | (3) any facility that is deemed by the Agency, after | 26 | | consultation with affected communities, to threaten local |
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| 1 | | health either because of its individual impact or its | 2 | | contribution to a cumulative impact. | 3 | | "Satellite air quality monitoring" means monitoring, | 4 | | conducted by one or more satellites, to measure the | 5 | | concentration of airborne particles, such as aerosols, in the | 6 | | atmosphere through observations of how much light reaches the | 7 | | surface of the Earth and how much light is reflected off of the | 8 | | aerosols. | 9 | | "Significant emitters" means the stationary, indirect, and | 10 | | mobile sources that are the greatest contributors to | 11 | | health-harming pollutants. | 12 | | "Truck trip" means the one-way trip a truck or tractor | 13 | | makes to or from a site with at least one warehouse to deliver | 14 | | or collect goods stored at that warehouse for later | 15 | | distribution to other locations. A truck or tractor entering a | 16 | | warehouse site and then leaving that site constitutes 2 trips. | 17 | | "Truck-attracting facility" means a property, including, | 18 | | but not limited to, parking areas and driving lanes, for | 19 | | trucks, trailers, or passenger vehicles. | 20 | | "Truck-attracting facility" includes: | 21 | | (1) a warehouse, distribution center, or intermodal | 22 | | facility on the property, including, but not limited to, a | 23 | | main building, an accessory building, or both; | 24 | | (2) an entry-and-exit point for vehicle accessory | 25 | | maintenance or a security building; and | 26 | | (3) fueling or charging infrastructure for vehicles. |
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| 1 | | "Truck count" means an accounting of the number of trucks | 2 | | traveling through a designated intersection. | 3 | | (c) Health and Equity Advisory Council. | 4 | | (1) The Health and Equity Advisory Council is hereby | 5 | | established. The Council shall: | 6 | | (A) make findings, conclusions, and | 7 | | recommendations regarding environmental justice in the | 8 | | State and uses of federal funds provided to the State | 9 | | for environmental justice; | 10 | | (B) file with the General Assembly, in accordance | 11 | | with Section 3.1 of the General Assembly Organization | 12 | | Act, by no later than June 30, 2026, an initial report | 13 | | that is consistent with the transparency provisions of | 14 | | subsection (k) and that delineates the Council's | 15 | | findings, conclusions, and recommendations; and | 16 | | (C) after the initial report under subparagraph | 17 | | (B), file with the General Assembly, in accordance | 18 | | with Section 3.1 of the General Assembly Organization | 19 | | Act, by June 30, 2026 and June 30 of each year | 20 | | thereafter, an annual report that is consistent with | 21 | | the transparency provisions of subsection (k) and that | 22 | | delineates the Council's findings, conclusions, and | 23 | | recommendations. | 24 | | (2) Voting members of the Council shall be appointed | 25 | | by the Governor by no later than 60 days after the | 26 | | effective date of this amendatory Act of the 103rd General |
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| 1 | | Assembly. If a vacancy occurs on the Council, the vacancy | 2 | | shall be filled in a manner that is consistent with the | 3 | | original appointments. The Council shall consist of the | 4 | | following voting members: | 5 | | (A) 4 members, appointed as follows, who | 6 | | represent, when possible, disadvantaged communities: | 7 | | (i) one member appointed by the Speaker of the | 8 | | House of Representatives, who shall serve as | 9 | | co-chairperson; | 10 | | (ii) one member appointed by the President of | 11 | | the Senate, who shall serve as co-chairperson; | 12 | | (iii) one member appointed by the Minority | 13 | | Leader of the Senate; | 14 | | (iv) one member appointed by the Minority | 15 | | Leader of the House of Representatives; | 16 | | (B) the Director of Public Health or his or her | 17 | | designee; | 18 | | (C) the Secretary of Human Services or his or her | 19 | | designee; | 20 | | (D) the Secretary of Transportation or his or her | 21 | | designee; and | 22 | | (E) at least 2 representatives of communities with | 23 | | heavy truck traffic. | 24 | | Additional individuals may be appointed as voting | 25 | | members of the Council with the approval of both | 26 | | co-chairpersons. |
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| 1 | | (3) The Council may, at the discretion of the Council, | 2 | | add the following nonvoting members: | 3 | | (A) one representative of a labor organization; | 4 | | (B) one representative of a statewide organization | 5 | | representing manufacturers; | 6 | | (C) 2 representatives of faith-based | 7 | | organizations; and | 8 | | (D) 2 representatives of health organizations. | 9 | | Additional individuals may participate as nonvoting | 10 | | members of the Council at the discretion of both | 11 | | co-chairpersons. | 12 | | (d) Truck counting and other monitoring. | 13 | | (1) Each year, the Agency shall conduct truck counting | 14 | | on a representative sample of local roads where trucks | 15 | | enter or exit a truck-attracting facility. If possible, | 16 | | the truck counts must include the class and age of the | 17 | | trucks counted. Truck-counting efforts shall build on | 18 | | existing efforts by community and environmental justice | 19 | | organizations and shall be conducted in consultation with | 20 | | those same entities. Any consultant hired by the Agency to | 21 | | conduct truck counting shall be approved by the Council. | 22 | | The Agency shall also take into consideration the | 23 | | experience of communities in deciding where to site | 24 | | monitors and how to move forward on subsequent policy | 25 | | development and implementation. | 26 | | (2) A truck-attracting facility must continuously |
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| 1 | | monitor on-site emissions for diesel particulate matter | 2 | | and nitrogen oxides. Monitoring must be conducted using at | 3 | | least 4 continuous fenceline monitors spaced as far apart | 4 | | as possible from one another around the perimeter of the | 5 | | truck-attracting facility. | 6 | | (3) Within one year after the effective date of this | 7 | | amendatory Act of the 103rd General Assembly, the Agency | 8 | | shall cite Federal Reference Methods (FRM) and Federal | 9 | | Equivalent Methods (FEM) established under 40 CFR Part 53, | 10 | | informed by satellite and community data when available, | 11 | | when determining the placement of air monitoring devices | 12 | | at truck-attracting facilities. | 13 | | (4) The Agency shall not announce in advance the days | 14 | | when federal reference monitors are collecting data or the | 15 | | days when mobile or meteorological monitoring is taking | 16 | | place, if the Agency does not already continuously collect | 17 | | data from those monitors or through that monitoring. The | 18 | | Agency shall identify which federal reference monitors in | 19 | | the State are not collecting data continuously. The Agency | 20 | | shall transition all instruments to continuous monitoring | 21 | | within 2 years upon determining which monitors are not | 22 | | collecting data continuously. | 23 | | (5) The Agency must create a process for community | 24 | | representatives or companies to co-locate monitoring | 25 | | equipment at FRM monitors or FEM monitors managed or owned | 26 | | by the State. Communities may request a new FRM monitor or |
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| 1 | | FEM monitor. This request may be based on satellite or | 2 | | low-cost local data, health data, data concerning recent | 3 | | changes in land use, or other qualitative or quantitative | 4 | | metrics identified by overburdened communities. This | 5 | | request should be granted as of right if the data shows the | 6 | | source is already identified as a high-priority emitter, | 7 | | or the community is already identified as overburdened. | 8 | | (e) Indirect source review. | 9 | | (1) No later than 12 months after the effective date | 10 | | of this amendatory Act of the 103rd General Assembly, the | 11 | | Agency shall adopt rules providing for the | 12 | | facility-by-facility review of regulated facilities, along | 13 | | with a menu of measures to reduce the impact of air | 14 | | pollution from these indirect sources. The Agency shall | 15 | | consider measures, including, but not limited to, | 16 | | requiring all warehouse operators to implement an air | 17 | | emissions reduction plan developed or approved by the | 18 | | Agency in consultation with community representatives and | 19 | | mitigation options, such as installing infrastructure and | 20 | | requiring use of zero-emission vehicles on-site; using | 21 | | alternatives to truck trips for incoming or outgoing | 22 | | trips; installing on-site solar power generation, | 23 | | electricity storage, and managed charging systems; or any | 24 | | combination of these types of measures. The Agency shall | 25 | | also consider greater stringency for all census blocks | 26 | | where transport-related pollution is responsible for 20% |
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| 1 | | or greater of new cases of childhood asthma and all | 2 | | warehouses located within a half mile of an overburdened | 3 | | community, as determined by the Agency after consulting | 4 | | with overburdened communities and community leaders. | 5 | | (2) Once the rules described in paragraph (1) are | 6 | | adopted, the Agency shall require a regulated facility to | 7 | | obtain a permit demonstrating that it will comply with | 8 | | rules and regulations concerning indirect sources in the | 9 | | State if the regulated facility has any development or | 10 | | major modification that would increase the pollution | 11 | | related to the facility. | 12 | | (f) Fee and point system guidelines. | 13 | | (1) The Agency shall create a points system under | 14 | | which warehouse operators must earn points based on the | 15 | | amount of emissions generated by trucks at their | 16 | | facilities, and for implementing mitigation options, such | 17 | | as installing infrastructure, requiring use of | 18 | | zero-emission vehicles on-site, using alternatives to | 19 | | truck trips for incoming or outgoing trips, providing air | 20 | | filtration for neighbors of facilities, and installing | 21 | | on-site solar power generation, electricity storage, and | 22 | | managed charging systems. | 23 | | (2) The Agency shall not allow the transfer of points | 24 | | between facilities. If a warehouse operator earns more | 25 | | points than is required for an annual points compliance | 26 | | obligation in a given reporting period, then it may use |
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| 1 | | those remaining points at the same warehouse to satisfy a | 2 | | points compliance obligation in any of the following 3 | 3 | | years. | 4 | | (3) Warehouse operators transferring points to a | 5 | | different compliance period must demonstrate that any | 6 | | on-site improvements or equipment installations that were | 7 | | used to earn the points being transferred are still | 8 | | operational at that warehouse facility in the year that | 9 | | points are used. | 10 | | (4) Points earned 3 years or less before a warehouse | 11 | | operator's first compliance period may be banked and | 12 | | transferred up to 3 years after the warehouse operator's | 13 | | first compliance period. This early compliance must be | 14 | | documented in an annual report immediately following the | 15 | | year in which the action or investment was completed. | 16 | | (5) The minimum registration fee established under | 17 | | subsection (j) shall be set at a level sufficient to | 18 | | reimburse public and private insurance plans and facility | 19 | | neighbors for health care and associated expenditures due | 20 | | to facility operations, including truck activity at the | 21 | | facility. Fee investment shall be prioritized in the | 22 | | community where the fees were levied unless consultation | 23 | | with communities reveals an alternative location is more | 24 | | appropriate. | 25 | | (6) A portion of funds, to be determined by | 26 | | consultation with community representatives, shall be used |
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| 1 | | to fund the Insights, Jobs, and Environmental Justice | 2 | | Grant Program established under this Section; fenceline | 3 | | monitors; and materials necessary to provide education on | 4 | | monitoring, air quality, and impacts of pollution in | 5 | | communities. | 6 | | (7) When considering alternatives to truck trips for | 7 | | incoming or outgoing trips, the warehouse operator shall | 8 | | consult impacted and displaced employees in selecting an | 9 | | alternative to truck trips and shall only use an | 10 | | alternative upon agreement with the impacted and displaced | 11 | | employees. If employees in the warehouse have an exclusive | 12 | | bargaining unit representative and the bargaining unit or | 13 | | the terms of the collective bargaining agreement would be | 14 | | impacted by the use of an alternative, then the warehouse | 15 | | operator shall consult with and obtain agreement from the | 16 | | employees who are impacted, displaced, or both and the | 17 | | representative, in writing, before using the alternative. | 18 | | (g) Health impacts. | 19 | | (1) The Agency shall disclose air pollution impacts on | 20 | | maternal, infant, and child health and health disparities | 21 | | at the granularity of census block group or greater, in | 22 | | line with the transparency requirements of subsection (k). | 23 | | The Agency shall provide clear information on health | 24 | | symptoms and outcomes. Metrics reported on at the census | 25 | | block level shall include, but shall not be limited to, | 26 | | the following: |
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| 1 | | (A) the number of emergency room visits due to | 2 | | pollution-related illness; | 3 | | (B) the number of diagnoses of pollution-related | 4 | | ailments; and | 5 | | (C) the number of missed work and school days. | 6 | | (2) The Agency shall disclose air pollution impacts on | 7 | | educational attainment. Metrics reported on at the census | 8 | | block level include, but shall not be limited to: | 9 | | (A) school attendance; | 10 | | (B) academic performance; and | 11 | | (C) graduation rates at the granularity of census | 12 | | block group or greater. | 13 | | (3) The Agency shall disclose air pollution impacts on | 14 | | the economy. Metrics that shall be reported on at the | 15 | | census block level include, but are not limited to: | 16 | | (A) labor force participation, measured in missed | 17 | | workdays; | 18 | | (B) labor force productivity; and | 19 | | (C) inflation and tax revenues. | 20 | | (3) The Agency shall disclose the sources of air | 21 | | pollution at the granularity of census block group or | 22 | | greater. | 23 | | (4) The Agency shall disclose the jurisdiction with | 24 | | authority over mitigation of emissions from each type of | 25 | | emissions source. | 26 | | (h) Insights, Jobs, and Environmental Justice Grant |
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| 1 | | Program. The Agency shall create and administer an Insights, | 2 | | Jobs, and Environmental Justice Grant Program. The Insights, | 3 | | Jobs, and Environmental Justice Grant Program shall be | 4 | | designed to: | 5 | | (1) identify overburdened communities, in | 6 | | collaboration with residents of overburdened communities, | 7 | | representatives of those communities, or both; | 8 | | (2) deploy an air monitoring network to collect | 9 | | sufficient air quality data for review and accountability | 10 | | for reductions; and | 11 | | (3) identify sources and impacts of concern to | 12 | | communities. | 13 | | Applications for grants from the Insights, Jobs, and | 14 | | Environmental Justice Grant Program should be as simple and | 15 | | streamlined as possible to maximize participation. Application | 16 | | forms and applications should be reviewed by the Advisory | 17 | | Council to ensure accessibility and appropriateness of awards. | 18 | | (i) Insights Analysis Program. | 19 | | (1) In 2025 and every 2 years thereafter, the Agency | 20 | | must conduct a review to determine levels of criteria | 21 | | pollutants in the overburdened communities and in median | 22 | | comparison neighborhoods. Unredacted reviews must be made | 23 | | accessible to the public in full, unless necessary to | 24 | | comply with confidentiality restrictions, and must be | 25 | | posted on a publicly available, multilingual website. | 26 | | Reviews must include an evaluation of initial and |
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| 1 | | subsequent impacts related to criteria pollution in | 2 | | overburdened communities and in comparison to median | 3 | | comparison neighborhoods and may also include climate | 4 | | impacts in overburdened communities. | 5 | | (2) The Agency, in collaboration with the Department | 6 | | and the Board, must identify significant emitters and | 7 | | their parent companies; must identify and quantify the | 8 | | health implications of the persistent air pollution; must | 9 | | identify local educational outcomes of inequitable air | 10 | | pollution; must identify local economic outcomes of | 11 | | inequitable air pollution, such as lost labor | 12 | | productivity, displaced residents, and tax base | 13 | | implications; and must develop a high-priority list of | 14 | | significant emitters and kinds of emissions. | 15 | | (3) Where the Agency is unable to identify sources, | 16 | | health, educational and economic implications of | 17 | | pollution, the Agency must identify key areas of | 18 | | uncertainty and propose a research agenda to achieve the | 19 | | unrealized insights. | 20 | | (4) The Agency shall identify or develop models for | 21 | | emissions inventories from ports and warehouses as | 22 | | indirect stationary sources; tools usable by communities | 23 | | to attribute air pollution to different sources and | 24 | | industries' models to translate concentration readings | 25 | | from non-regulatory monitors; and other inputs, such as | 26 | | meteorological data, for emissions rates, such as pounds |
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| 1 | | per hour or tons per year. | 2 | | (j) Funding. | 3 | | The Board shall impose an annual registration fee for | 4 | | warehouse operators, and institute additional fees for | 5 | | warehouse operators that fail to comply with any rules or | 6 | | regulations promulgated pursuant to this Section. Fines for | 7 | | noncompliance with this Section shall be used for the | 8 | | Insights, Jobs, and Environmental Justice Grant Program, | 9 | | described in subsection (h), as well as needs identified | 10 | | through consultations with impacted communities, including, | 11 | | but not limited to, investment in infrastructure, other | 12 | | pollution mitigation measures, monitoring, and healthcare. The | 13 | | fees and fines shall be made payable to the Environmental | 14 | | Protection Trust Fund. | 15 | | (k) Public participation and transparency. | 16 | | (1) The Agency shall provide a public participation | 17 | | process, including, but not limited to: | 18 | | (A) public notice of the submission of permit | 19 | | applications to assess potential additional | 20 | | contributions to any cumulative impacts; | 21 | | (B) posting, on a public website in | 22 | | machine-readable format, the full permit application, | 23 | | the draft and final findings by the consulted | 24 | | agencies, and the agencies' response to comments; | 25 | | (C) an opportunity for the submission of public | 26 | | comments; |
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| 1 | | (D) an opportunity for a public hearing before a | 2 | | determination; and | 3 | | (E) a summary and response of the comments | 4 | | prepared by the consulted agencies. | 5 | | (2) The Agency shall track progress in an easily | 6 | | accessible format and shall provide a transparent and | 7 | | publicly available rationale for policy and regulatory | 8 | | decisions and shall describe the extent to which community | 9 | | engagement and collected data informed those decisions. | 10 | | Such information must be updated on a quarterly basis. If | 11 | | progress is deemed insufficient by the Advisory Council | 12 | | described in subsection (c), the Agency shall be required | 13 | | to undertake remedial actions and, where appropriate, | 14 | | identify metrics of progress, as designated by the | 15 | | Advisory Council to ensure achievement of the provisions | 16 | | of this Section. | 17 | | (l) Published list. The Agency shall annually publish a | 18 | | list of warehouses and other truck-attracting facilities that | 19 | | will include the following information, which will be annually | 20 | | reported by the facilities: | 21 | | (1) location; | 22 | | (2) facility square footage; | 23 | | (3) operator name; | 24 | | (4) owner name; | 25 | | (5) secured lender name; | 26 | | (6) number of truck bays; |
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| 1 | | (7) compliance status; | 2 | | (8) documented labor violations; | 3 | | (9) the number of electric vehicle charging stations | 4 | | installed and actual usage; | 5 | | (10) the number of hydrogen fueling stations installed | 6 | | and actual usage; | 7 | | (11) the number of on-site renewable energy generation | 8 | | systems installed; | 9 | | (12) the number of vehicles used to deliver from the | 10 | | site that are owned by the operator but leased to a | 11 | | third-party and the proportion of those vehicles that are | 12 | | leased and the proportion that are owned by the operator; | 13 | | (13) the average daily number of inbound and outbound | 14 | | vehicle trips by vehicle weight and class, by time of day, | 15 | | and by day of the week; and | 16 | | (14) the average daily vehicle miles traveled for all | 17 | | vehicles making inbound and outbound trips to and from the | 18 | | qualifying warehouse. | 19 | | (m) Enforcement; investigation. | 20 | | (1) The Agency shall conduct an annual investigation | 21 | | of a random selection of at least 5% of all stationary and | 22 | | indirect sources in non-overburdened communities. The | 23 | | Agency shall conduct an annual investigation of at least | 24 | | 10% of all stationary and indirect sources in overburdened | 25 | | communities. The Agency shall conduct an annual | 26 | | investigation of any stationary or indirect source with |
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| 1 | | more than 500 children under the age of 5 living within | 2 | | one-half mile of the source. Communities may request an | 3 | | investigation at stationary or indirect sources. This | 4 | | request shall be granted as of right if the source is | 5 | | already identified as a high priority emitter or the | 6 | | community is already identified as an overburdened | 7 | | community. The results of any investigation shall be made | 8 | | public along with any recommended or required mitigation | 9 | | actions. | 10 | | (2) An annual investigation shall consist of the | 11 | | following: | 12 | | (A) fenceline monitoring and an analysis of | 13 | | meteorological data; | 14 | | (B) an analysis of satellite data; | 15 | | (C) updates on land use, truck counts and ages, | 16 | | and other inputs into emissions inventories; | 17 | | (D) the identification of defeat devices installed | 18 | | on trucks; and | 19 | | (E) other metrics identified as important by | 20 | | community representatives. | 21 | | (n) Severability. If any provision of this Section or its | 22 | | application to any person or circumstance is held invalid, the | 23 | | invalidity does not affect other provisions or applications of | 24 | | this Section which can be given effect without the invalid | 25 | | provision or application, and to this end the provisions of | 26 | | this Section are severable. ". |
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