NC S858

Exempts air emission sources subject to federal emissions standards under 40 C.F.R. Parts 61 and 63 from state air toxics control rules, unless the Department determines the source presents an unacceptable risk to human health.

Requires the Department of Environment and Natural Resources to review permit applications for new or modified sources that increase toxic air pollutant emissions and determine if they pose an unacceptable health risk.

Authorizes the Department to require permit applications that eliminate unacceptable health risks and mandates written findings be reported to the Environmental Review Commission.

Directs the Division of Air Quality to review toxic air pollutant rules and implementation to identify ways to reduce regulatory burden and improve resource efficiency while protecting public health, with results due to the Environmental Review Commission by December 1, 2012.

Requires annual implementation reports to the Environmental Review Commission for 2012, 2013, and 2014 analyzing air toxic emissions changes and air quality impacts.