49-422

49-422. Powers and duties; definition

A. In addition to any other powers vested in it by law, the department may:

1. Accept, receive and administer grants or other funds or gifts from public and
private agencies, including the federal government, to carry out any of the purposes of
this chapter. All monies resulting therefrom shall be deposited, pursuant to sections
35-146 and 35-147, in the account of the department.

2. Secure necessary scientific, technical, administrative and operational services,
including laboratory facilities, by contract or otherwise to carry out the purposes of
this chapter.

3. Require, as specified in subsections B and C of this section, any source of air
contaminants to monitor, sample or perform other studies to quantify emissions of air
contaminants or levels of air pollution that may reasonably be attributable to that
source, if the director either:

(a) Determines that monitoring, sampling or other studies are necessary to
determine the effects of the source on levels of air pollution.

(b) Has reasonable cause to believe a violation of this chapter, rules adopted
pursuant to this chapter or a permit issued pursuant to this chapter has been committed.

(c) Determines that those studies or data are necessary to accomplish the purposes
of this chapter, and that the monitoring, sampling or other studies by the source are
necessary in order to assess the impact of the source on the emission of air
contaminants.

B. The director shall adopt rules requiring sources of air contaminants to monitor,
sample or otherwise quantify their emissions of air pollution that may reasonably be
attributable to such sources for air contaminants for which ambient air quality standards
or emission standards or design, equipment, work practice or operational standards have
been adopted pursuant to section 49-424 or section 49-425, subsection A. In the
development of the rules, the director shall consider the cost and effectiveness of the
monitoring, sampling or other studies.

C. For those sources of air contaminants for which rules are not required to be
adopted pursuant to subsection B of this section, the director may require a source of
air contaminants, by permit or order, to perform monitoring, sampling or other
quantification of its emissions or air pollution that may reasonably be attributed to
such a source. Before requiring such monitoring, sampling or other quantification by
permit or order, the director shall consider the relative cost and accuracy of any
alternatives that may be reasonable under the circumstances such as emission factors,
modeling, mass balance analyses or emissions projections. The director may require such
monitoring, sampling or other quantification by permit or order if the director
determines in writing that all of the following conditions are met:

1. The actual or potential emissions or air pollution may adversely affect public
health or the environment.

2. A monitoring, sampling or quantification method is technically feasible for the
subject contaminant and the source.

3. An adequate scientific basis for the monitoring, sampling or quantification
method exists.

4. The monitoring, sampling or quantification method is reasonably accurate.

5. The cost of the method is reasonable in light of the use to be made of the data.

D. Orders issued and permit conditions imposed pursuant to this section may be
appealed as an appealable agency action pursuant to title 41, chapter 6, article 10.

E. On request of the on-scene commander or the department of health services, the
department of environmental quality shall assist at a significant chemical or other toxic
fire event, excluding chemical or nuclear warfare or biological agents, and shall provide
the following services if funding is available and if the director, in the director's
professional capacity, determines the department's provision of services is necessary to
protect human health and the environment:

1. Collect air samples for likely contaminants resulting from the fire. The
department of environmental quality shall coordinate sampling locations, times and
pollutants to be sampled with the department of health services and other appropriate
health and emergency response officials.

2. Maintain an hourly plume report that includes meteorological conditions that
affect dispersal of smoke.

3. In consultation with the department of health services and the on-scene
coordinator, prepare a report that includes test results of any sampling, including the
sampling rationale and protocol and chain of custody report using applicable
environmental protection agency standards. The report shall also include, to the extent
practicable, a smoke dispersion map with detail adequate to determine possible areas of
impact at the level of detail practicable and a listing of likely releases of any
chemical that is categorized by the United States environmental protection agency as a
hazardous air pollutant and the corresponding environmental protection agency description
of possible health effects of the chemical based on a reliable inventory of hazardous
materials at the site or facility.

4. For the purposes of this section, "chemical or other toxic fire event" means a
fire at a building that is required to be tracked in the municipal hazardous material
tracking process program pursuant to section 26-343.01.