A BILL TO BE ENTITLED
AN ACT to reduce state regulation of emissions of air toxics when these emissions are regulated under the federal clean air act.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 143‑215.107(a) reads as rewritten:
"(a)	Duty to Adopt Plans, Standards, etc. – The Commission is hereby directed and empowered, as rapidly as possible within the limits of funds and facilities available to it, and subject to the procedural requirements of this Article and Article 21:
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(5)	To develop and adopt emission control standards as in the judgment of the Commission may be necessary to prohibit, abate, or control air pollution commensurate with established air quality standards. This subdivision does not apply to an air emission source that is subject to hazardous air pollutant emission standards under 40 C.F.R. Pts. 61 and 63 (July 1, 2008 editions) and that is a Title V source subject to 40 C.F.R. § 70.3(a)(1) (July 1, 2008 edition). Notwithstanding the provisions of this section, the Commission may impose additional requirements as may be necessary to abate a condition that endangers public health or welfare consistent with the policies set out in G.S. 143‑211(c).
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SECTION 2.  This act becomes effective July 1, 2009.