SB24-166: Air Quality Enforcement

• Defines "repeat violator" as a person committing 5+ air quality violations in a 3-year period and "high-priority repeat violator" as a repeat violator with 5+ emission exceedances in a permit during that period.

• Requires the Division of Administration to issue formal compliance orders (instead of warning letters) for repeat violators within 6 months of violations, including civil penalties and root cause analysis for high-priority violators within 90 days.

• Mandates minimum civil penalties of 50% of maximum for repeat violators and 75% for repeat violators in disproportionately impacted communities; allows division to assess penalties without district court action.

• Allows private citizens to commence civil actions against alleged violators after 60-day notice to state officials, with 5-year statute of limitations (extended for ongoing violations) and ability to recover litigation costs if court determines appropriate.

• Requires division to post annual air quality enforcement reports beginning February 1, 2025, and owners/operators of stationary sources to submit required federal and state reports to division within 6 months of generation.