[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8352 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8352
To protect clean air and public health by expanding fenceline and
ambient air monitoring and access to air quality information for
communities affected by air pollution, to require hazardous air
pollutant monitoring at the fenceline of facilities whose emissions are
linked to local health threats, to ensure the Environmental Protection
Agency promulgates rules that require hazardous air pollutant data
measurement and electronic submission at fencelines and stacks of
industrial source categories, to expand and strengthen the national
ambient air quality monitoring network, to deploy air sensors in
communities affected by air pollution, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2022
Ms. Blunt Rochester (for herself, Mr. McEachin, Ms. Barragan, Ms.
Jayapal, Mr. Rush, Ms. Underwood, Ms. Castor of Florida, and Mr.
Bowman) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To protect clean air and public health by expanding fenceline and
ambient air monitoring and access to air quality information for
communities affected by air pollution, to require hazardous air
pollutant monitoring at the fenceline of facilities whose emissions are
linked to local health threats, to ensure the Environmental Protection
Agency promulgates rules that require hazardous air pollutant data
measurement and electronic submission at fencelines and stacks of
industrial source categories, to expand and strengthen the national
ambient air quality monitoring network, to deploy air sensors in
communities affected by air pollution, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Health Air Quality Act of
2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Accidental release.--The term ``accidental release''
has the meaning given the term in section 112(r)(2) of the
Clean Air Act (42 U.S.C. 7412(r)(2)).
(3) Area source; existing source; hazardous air pollutant;
major source; new source; stationary source.--Except as
otherwise provided, the terms ``area source'', ``existing
source'', ``hazardous air pollutant'', ``major source'', ``new
source'', and ``stationary source'' have the meanings given the
terms in section 112(a) of the Clean Air Act (42 U.S.C.
7412(a)).
(4) Emissions measurement system.--The term ``emission
measurement system'' means a set of monitors, testing
equipment, tools, and processes employed at a facility to
measure emissions from direct and fugitive points at a source
or facility or at the source's or facility's fenceline that
employs Environmental Protection Agency-approved or promulgated
test methods for all measured pollutants for which a method is
available.
(5) Federal equivalent method; federal reference method.--
The terms ``Federal equivalent method'' and ``Federal reference
method'' have the meanings given to such terms in section 53.1
of title 40, Code of Federal Regulations (or to the same or
substantially similar terms in successor regulations).
(6) Method 325a.--The term ``Method 325A'' means the most
current version of the test method 325A published by the
Environmental Protection Agency.
(7) Method 325b.--The term ``Method 325B'' means the most
current version of the test method 325B published by the
Environmental Protection Agency.
(8) Method to-15a.--The term ``Method TO-15A'' means the
most current version of the test method TO-15 (including TO-
15A) published by the Environmental Protection Agency.
(9) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard established under section 109 of
the Clean Air Act (42 U.S.C. 7409).
(10) NCore; slams.--The terms ``NCore'' and ``SLAMS'' have
the meaning given those terms in section 58.1 of title 40, Code
of Federal Regulations (as in effect on the date of enactment
of this Act).
(11) Real-time.--The term ``real-time'' means the actual or
near actual time during which pollutant levels occur at or near
the property boundary of a facility or in a nearby community.
(12) Source.--The term ``source'' means a source as such
term is used in the Clean Air Act (42 U.S.C. 7401 et seq.).
SEC. 3. HEALTH EMERGENCY AIR TOXICS MONITORING NETWORK.
(a) Monitoring.--
(1) In general.--
(A) Program.--The Administrator shall carry out a
program to administer or conduct, pursuant to authority
provided under the Clean Air Act (42 U.S.C. 7401 et
seq.), including sections 103 and 114 of that Act (42
U.S.C. 7403, 7414), emissions measurement and
quantification, including the best available form of
fenceline monitoring of stationary sources of hazardous
air pollutants that are on the list developed under
subsection (c), including through expansion of the
National Air Toxics Trends Station network or through
creating a new network, as appropriate.
(B) Timing.--The Administrator shall begin
implementation of the program under subparagraph (A)
not later than 18 months after the date of enactment of
this Act.
(2) Monitoring period.--
(A) In general.--The Administrator shall maintain
the monitoring required under paragraph (1) for a
period of not less than 6 years after the date on which
the monitoring required under that paragraph is first
carried out.
(B) Subsequent monitoring.--After the 6-year period
described in subparagraph (A), the Administrator shall
maintain the emissions measurement and quantification
program under paragraph (1), consistent with this
section, through--
(i) maintaining monitors at all or some
sources under the program under paragraph (1);
and
(ii) adding or moving monitors under the
program under paragraph (1) to additional
sources, following the process for substitution
of sources in subsection (g).
(C) Shortened period.--If the Administrator
determines that 6 years of monitoring, as required by
subparagraph (A), is not necessary to protect public
health or assure compliance at the source or the
facility involved, the Administrator may decrease or
end the monitoring after at least 3 years of monitoring
has occurred.
(D) Additional inspections and testing.--In
addition to fenceline monitoring under the program
under this subsection, the Administrator shall use the
Administrator's full authority to inspect and require
emission testing at sources at or inside the facility
involved to the extent necessary to identify and
address the emissions crossing the fenceline.
(b) Publication of Results.--
(1) In general.--The Administrator shall publish and
maintain the plans for and the results of all measurements,
including fenceline monitoring, conducted under the program
under subsection (a)(1) on the website of the Environmental
Protection Agency--
(A) in a highly accessible format;
(B) in multiple languages; and
(C) for a period of at least 6 years.
(2) Immediate availability.--The Administrator shall ensure
that the monitoring data described in paragraph (1) is made
publicly available under that paragraph as expeditiously as
practicable, and not later than 7 days after electronic
submission, which shall be not later than one month after the
date of collection of such data.
(c) List of Sources.--
(1) Development.--
(A) In general.--Not later than 270 days after the
date of enactment of this Act, the Administrator shall
publish, after public notice and comment, a list of
stationary sources of hazardous air pollutants that,
subject to subparagraph (B), includes--
(i) at least 45 of the sources listed--
(I) as high-priority facilities in
Appendix A of the report of the Office
of Inspector General of the
Environmental Protection Agency
numbered 20-N-0128 and dated March 31,
2020; or
(II) as contributing to high cancer
risk at the census block level in
Appendix C of the report of the Office
of Inspector General of the
Environmental Protection Agency
numbered 21-P-0129 and dated May 6,
2021; and
(ii) at least 55 other major sources or
area sources that meet the criteria described
in paragraph (2).
(B) Substitution.--
(i) In general.--If the Administrator
determines that a source described in
subparagraph (A)(i) no longer contributes to
high health risks or impacts, the Administrator
shall--
(I) cease to include that source in
the list under subparagraph (A); and
(II) include instead an additional
major source or area source described
in subparagraph (A)(ii) to ensure that
the list under subparagraph (A)
includes not less than 100 high-
priority sources.
(ii) Description of reasons.--The
Administrator shall publish in the Federal
Register--
(I) any determination to make a
substitution under clause (i); and
(II) an explanation of the reasons
for any such determination
demonstrating, based on monitoring data
or other reliable information, that the
substitution is likely to ensure that
monitoring under this section occurs at
the sources causing or contributing to
the highest potential health risks or
other impacts from hazardous air
pollution.
(iii) Requirement.--The Administrator may
include an additional major source or area
source under clause (i)(II) only if the
Administrator determines that the source is, or
is likely to be, contributing local health
risks or impacts that are equivalent to, or
greater than, those of the source for which the
new source is being substituted.
(2) Criteria.--The Administrator may include a major source
or area source described in clause (ii) of paragraph (1)(A) on
the list described in that paragraph only if the source--
(A) emits at least 1 of the pollutants described in
paragraph (3);
(B) is--
(i) located in, or within 3 miles of, a
census tract with--
(I) a cancer risk of at least 100-
in-1,000,000; or
(II) a chronic non-cancer hazard
index that is greater than 1; or
(ii) in a source category with--
(I) a cancer risk that is at least
50-in-1,000,000 for the individual most
exposed to emissions from the source
category;
(II) a total organ-specific hazard
index for chronic non-cancer risk that
is greater than 1; or
(III) an acute risk hazard quotient
that is greater than 1; and
(C)(i) is classified in 1 or more of North American
Industry Classification System codes 322, 324, 325,
326, 331, 332, 339, 424, and 562;
(ii)(I) is required to prepare and implement a risk
management plan pursuant to section 112(r) of the Clean
Air Act (42 U.S.C. 7412(r)); and
(II) has had an accidental release required to be
reported during the previous 5-year period pursuant to
sections 68.42 and 68.195 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of
this Act); or
(iii) is determined by the Administrator to be a
high priority source or facility for emissions
measurement because the emissions of the source or
facility are causing or contributing to, or have the
potential to cause or contribute to, serious health
risks or impacts.
(3) Pollutants.--The pollutants described in this paragraph
are--
(A) ethylene oxide, CAS 75218;
(B) chloroprene, CAS 126998;
(C) benzene, CAS 71432;
(D) 1,3-butadiene, CAS 106990;
(E) formaldehyde, CAS 50000;
(F) acetaldehyde, CAS 75070;
(G) lead compounds;
(H) arsenic compounds;
(I) cadmium compounds;
(J) nickel compounds;
(K) manganese compounds;
(L) any other hazardous air pollutant included in
the list described in section 112(b) of the Clean Air
Act (42 U.S.C. 7412(b)) that the Administrator
determines, after public notice and comment, the
emissions of which--
(i) are, or may be contributing to, serious
health risks; and
(ii) warrant emissions quantification and
measurement; and
(M) any pollutant that is a precursor to
atmospheric photochemical production of any other
pollutant on such list.
(4) Use of risk assessments.--In carrying out this
subsection, the Administrator shall--
(A) use--
(i) the Environmental Protection Agency's
latest evaluations and methods of compiling and
evaluating information about risks from air
toxics, or the most recent Air Toxics Screening
Assessment or other current evaluation or
report by the Environmental Protection Agency
providing similar information about cancer and
noncancer risks from hazardous air pollution
based on measured or modeled emissions;
(ii) the Risk-Screening Environmental
Indicators model of the Administrator;
(iii) a prior health risk assessment that
was performed by the Administrator for the
applicable source or source category; or
(iv) a new health risk assessment performed
by the Administrator that--
(I) follows the best available
science (including the most recent
guidance from the National Academy of
Sciences); and
(II) considers, to the greatest
extent practicable, with respect to the
applicable source or facility--
(aa) cumulative risks and
impacts;
(bb) increased
vulnerability that results from
socioeconomic disparities;
(cc) multiple source
exposure; and
(dd) exposure in utero, in
childhood, and through the age
of 85; and
(B) consider--
(i) the most recent emission tests
available to the Administrator or received by
the Environmental Protection Agency in public
comment; and
(ii) any fenceline or ambient monitoring
data for which an Environmental Protection
Agency-approved data quality check has been
performed.
(d) Methods and Technologies.--
(1) In general.--Except as provided in paragraph (3), in
carrying out the program under subsection (a), the
Administrator shall for each stationary source on the list
published under subsection (c)(1), employ an emissions
measurement system to monitor the pollutants described in
subsection (c)(3) emitted by the stationary source, including
at least--
(A) the most current Environmental Protection
Agency-approved or promulgated emission test or
monitoring method, including Methods 325A, 325B, and
TO-15 or the most current and best available version of
such methods approved or promulgated by the
Environmental Protection Agency; or
(B) for each stationary source described in
paragraph (2), the best available method for
continuous, real-time measurement of air pollutant
concentrations.
(2) Stationary sources described.--A stationary source
referred to in paragraph (1)(B) is--
(A) not less than each of the 20 stationary sources
on the list published under subsection (c)(1) that--
(i) emits the greatest volume of pollutants
described in subsection (c)(3); or
(ii) causes the greatest health risk, based
on the emissions of the pollutants described in
subsection (c)(3) individually, as a group, or
cumulatively, based on--
(I)(aa) the Environmental
Protection Agency's latest evaluations
and methods of compiling and evaluating
information about risks from air
toxics, or the most recent Air Toxics
Screening Assessment or other current
evaluation or report by the
Environmental Protection Agency
providing similar information about
cancer and noncancer risks from
hazardous air pollution based on
measured or modeled emissions;
(bb) the Risk-Screening
Environmental Indicators model of the
Administrator;
(cc) a prior health risk assessment
that was performed by the Administrator
for the applicable source or source
category; or
(dd) a new health risk assessment
performed by the Administrator that--
(AA) follows the best
available science (including
the most recent guidance from
the National Academy of
Sciences); and
(BB) considers, to the
greatest extent practicable,
with respect to the applicable
source or facility, cumulative
risks and impacts, increased
vulnerability that results from
socioeconomic disparities,
multiple source exposure, and
exposure in utero, in
childhood, and through the age
of 85; and
(II) the most recent emission tests
available to the Environmental
Protection Agency or received in public
comment, and any fenceline or ambient
monitoring data for which an
Environmental Protection Agency-
approved data quality check has been
performed;
(B) any other stationary source on the list
published under subsection (c)(1) that is regulated
under section 112(r)(7) of the Clean Air Act (42 U.S.C.
7412(r)(7)) and has had an accidental release or
incident that is required to be reported during the
previous 5-year period under such section 112(r)(7);
and
(C) any other stationary source on the list
published under subsection (c)(1) for which application
of the methods described in subparagraph (A) alone will
not be sufficient to monitor and report the pollutants
described in subsection (c)(3) that are emitted by that
stationary source.
(3) Updates.--
(A) Approved or promulgated methods.--The
Administrator shall--
(i) not later than 270 days after the date
of enactment of this Act, review and, after
public notice and comment, update each approved
or promulgated test method described in this
section to add as many of the pollutants
described in subsection (c)(3) as possible; and
(ii) otherwise strengthen the test methods
described in clause (i) to support effective
hazardous air pollutant measurement and the
full implementation of this Act.
(B) New test methods.--
(i) In general.--Not later than 18 months
after the date of enactment of this Act, the
Administrator shall approve or promulgate, as
applicable, any new test methods that are
necessary to ensure effective fenceline
monitoring of all pollutants and sources
described in this section, including--
(I) at least 1 method that
represents the best and most accurate
form of continuous, real-time fenceline
monitoring; and
(II) at least 1 method that
represents the best and most accurate
form of multimetal monitoring.
(ii) Updates required.--Not less frequently
than once every 10 years, the Administrator
shall review and, if necessary, after public
notice and comment, strengthen or add new test
methods that meet the requirements under clause
(i), which shall be based on--
(I) the best available monitoring
technologies; and
(II) the advice of staff of the
Environmental Protection Agency
responsible for enforcement of this Act
and other monitoring experts.
(e) Monitor Placement and Maintenance.--
(1) In general.--The Administrator shall, after public
notice and comment, place and maintain, or ensure placement and
regular maintenance of, all monitors required under this
section to ensure effective and reliable emissions measurement
pursuant to this section.
(2) Maintenance check.--The maintenance required under
paragraph (1) shall include a maintenance check of the monitor
not less frequently than once every 180 days, unless--
(A) the test method used by the monitor requires a
maintenance check more frequently; or
(B) a maintenance check is requested by a member of
the public.
(3) Public input.--The Administrator shall, after public
notice and comment, create a process for the public--
(A) to track the maintenance of monitors under this
subsection; and
(B) request a maintenance check of a monitor.
(f) Report.--Not later than 6 years after the date of enactment of
this Act, and not less frequently than every 6 years thereafter, the
Administrator shall submit to the Congress and post publicly on the
website of the Environmental Protection Agency a report describing the
results of the program carried out under subsection (a), which shall
include--
(1) the results of emissions measurement implemented under
that program;
(2) any actions of the Administrator taken based on that
emissions measurement data or program; and
(3) whether the Administrator proposes--
(A) to continue emissions measurements at any or
all of the stationary sources on the list published
under subsection (c)(1); or
(B) to implement emissions measurements of any
additional stationary sources as determined under
subsection (g).
(g) Determination Regarding Additional Sources.--Not later than 6
years after the date of enactment of this Act, and not less frequently
than every 6 years thereafter, the Administrator shall--
(1) after public notice and comment, make a determination
of whether to add or remove sources to the list published under
subsection (c)(1)--
(A) to ensure compliance of such stationary sources
with existing emission standards under section 112 of
the Clean Air Act (42 U.S.C. 7412);
(B) to prevent and detect accidental releases;
(C) to protect the health of the communities most
exposed to the emissions of hazardous air pollutants
from such stationary sources to the greatest extent
possible; or
(D) to ensure the 100 highest-priority sources or
facilities, based on the best available science and the
most current data on health risks and impacts, have
emissions measurement systems in place for pollutants
required to be monitored under this section; and
(2) publish a determination under paragraph (1) in the
Federal Register.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $146,000,000 for the period of
fiscal years 2023 and 2024.
SEC. 4. COMMUNITY AIR TOXICS MONITORING.
(a) Regulations.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall promulgate regulations
pursuant to authority provided by the Clean Air Act, which may include
subsections (d), (f), and (r) of section 112, section 113, and section
114 of the Clean Air Act (42 U.S.C. 7412, 7413, 7414), for each source
category described in subsection (b), that--
(1) require all sources in the source category to
implement, not later than 1 year after the promulgation of the
regulations, the best available form of emissions measurement,
including continuous emissions monitoring and fenceline
monitoring, to ensure compliance with the emission standards
for hazardous air pollutants;
(2) for facilities in the source category that are required
to submit risk management plans under section 112(r)(7) of that
Act (42 U.S.C. 7412(r)(7)), require each facility to
implement--
(A) continuous, real-time monitoring to provide for
effective emergency response and provide information to
prevent future releases; and
(B) emissions measurement, including fenceline
monitoring, to provide for effective emergency response
and provide information to prevent future releases;
(3) subject to subsection (e), establish a corrective
action level at the fenceline for at least the top 3 hazardous
air pollutants that drive the cancer, chronic non-cancer, or
acute risk for the source category;
(4) if any applicable corrective action level under
paragraph (3) is exceeded, require--
(A) a root cause analysis;
(B) full remedial action to resolve the exceedance
and protect the most exposed or most vulnerable
individuals potentially affected by the exceedance; and
(C) a public report that a violation of the Clean
Air Act (42 U.S.C. 7401 et seq.) has occurred; and
(5) treat any requirement imposed by the regulations under
this section as a requirement under section 112 of the Clean
Air Act (42 U.S.C. 7412) that is enforceable under section 113
of such Act (42 U.S.C. 7413).
(b) Source Categories.--The source categories described in this
subsection shall include--
(1) each category or subcategory of major sources or area
sources that--
(A) contains--
(i) at least 1 of the stationary sources of
hazardous air pollutants that are on the list
published under section 3(c);
(ii) major sources or area sources
identified in the most recent National
Emissions Inventory of the Environmental
Protection Agency as emitting a pollutant
described in section 3(c)(3);
(iii) petroleum, chemical, petrochemical,
or plastics manufacturing sources, marine
vessel loading operations, or other sources
that are classified in 1 or more of North
American Industry Classification System codes
322, 324, 325, 326, 331, 332, 339, 424, and
562; or
(iv) any other major source of fugitive
hazardous air pollutant emissions for which the
Environmental Protection Agency is subject to a
court-ordered or statutory deadline, engaged in
a reconsideration proceeding, or subject to a
court remand (or is likely within the 2-year
period beginning on the date of enactment of
this Act to become subject to such an
obligation or action) to review and determine
whether to revise the emissions standards that
apply to that major source; or
(B) contains any stationary source that--
(i) is regulated under section 112(r)(7) of
the Clean Air Act (42 U.S.C. 7412(r)(7)); and
(ii) has had an accidental release or
incident that is required to be reported during
the previous 5-year period under such section
112(r) and the regulations thereunder; and
(2) any other source category for which the Administrator
determines that requiring fenceline monitoring would benefit
public health or welfare.
(c) Determination of Best Available Form of Monitoring.--
(1) In general.--The Administrator, in consultation with
the Office of Air and Radiation, the Office of Enforcement and
Compliance Assurance, the Office of Environmental Justice, and
the Office of Research and Development, shall, for purposes of
the regulations promulgated pursuant to subsection (a)--
(A) determine the best available form of emissions
measurement, including continuous emissions monitoring
and fenceline monitoring; and
(B) ensure the methods required under the
regulations are at least as stringent as the most
current Environmental Protection Agency-approved or
promulgated emission test or monitoring method,
including Methods 325A, 325B, and TO-15 (or the most
current and best available version of such methods
approved or promulgated by the Environmental Protection
Agency).
(2) Requirement.--In carrying out paragraph (1)(B), the
Administrator shall ensure that 1 or more of the methods
described in or promulgated under section 3 or subsection (d)
(including multimetal monitoring) is included in the
regulations promulgated pursuant to subsection (a) if that
method is the best available method for 1 or more of the
pollutants for which monitoring is required under this section.
(d) Methods and Technologies.--
(1) In general.--For all stationary sources in the source
categories described in subsection (b), as the best available
fenceline monitoring method for those source categories, the
Administrator may, in the regulations promulgated pursuant to
subsection (a)--
(A) require application, implementation, or
employment of optical remote sensing technology to
provide real-time measurements of air pollutant
concentrations along an open-path; or
(B) provide an explanation of why application,
implementation, or employment of 1 or more of the
technologies described in subparagraph (A) is not
necessary--
(i) to ensure compliance with the emission
standards established under the regulations
promulgated pursuant to subsection (d), (f), or
(r) of section 112 of the Clean Air Act (42
U.S.C. 7412), as applicable; or
(ii) to protect the public health, to
prevent accidental releases, or to provide for
effective emergency response.
(2) Multiple-source or facility complexes.--
(A) Definition of multiple-source or facility
complex.--In this paragraph, the term ``multiple-source
or facility complex'' means 1 or more stationary
sources co-located at the same site.
(B) Multiple-source or facility complex
monitoring.--In the regulations promulgated pursuant to
subsection (a), the Administrator shall ensure that the
best available form of monitoring for a multiple-source
or facility complex that contains not less than 2
stationary sources in 1 or more of North American
Industry Classification System codes 324, 325, and 326,
or a related chemical or petrochemical sector, may be
at least a combination of--
(i) real-time, open-path monitoring; and
(ii) Method 325A and Method 325B.
(C) Requirement.--In carrying out subparagraph (B),
the Administrator may consider whether any other
multiple-source or facility complexes should be
required to employ the combined monitoring methods
described in that subparagraph.
(e) Precautionary Approach.--In promulgating the corrective action
level for each of the hazardous air pollutants described in subsection
(a)(3), the Administrator shall--
(1) consider the best available science;
(2) take a precautionary approach to ensure that the owner
or operator of the source or facility reduces the emissions of
the source or facility to prevent harm if the measured
concentration at the fenceline would, or is likely to--
(A) increase harm to public health or safety
(including through an increased health risk); or
(B) reach a level that may result in short-term,
long-term, or chronic human exposure to air pollution
(including any fetal exposure that begins in utero)
that increases the risk of--
(i) health harms resulting from odors,
irritation, sensitizing effects, or any
combination of those harms;
(ii) disease (including cancer and other
illnesses); or
(iii) death; and
(3) take into account the aggregate and cumulative
emissions and health risks from the facility, including
multiple source categories, as applicable, to ensure full
health protection from the entire facility.
(f) Maintenance and Public Reporting.--
(1) In general.--In the regulations promulgated under
subsection (a), the Administrator shall ensure that--
(A) the owners or operators of sources subject to
the requirements of this section--
(i) perform regular inspections and
maintenance of all measured equipment required
under this section; and
(ii) submit regular reports to the
Administrator that--
(I) include the measured emissions
data collected by that emissions
measurement equipment;
(II) describe the status of that
measurement equipment; and
(III) contain a detailed
explanation of the circumstances
surrounding a delay in collecting or
missing data;
(B) the emissions measurement system required under
this section is continuous and yields reliable data not
less than 95 percent of the time, without any
regulatory exemption or extension; and
(C) any problem with the fenceline monitoring
equipment required under this section is repaired
within 2 days of discovering the problem.
(2) Violation.--In the regulations promulgated under
subsection (a), the Administrator shall--
(A) require the owner or operator of a stationary
source subject to such regulations to report, with
respect to such source, at least semiannually--
(i) all exceedances of any corrective
action level; and
(ii) all corrective action planned and
taken; and
(B) for purposes of imposing penalties, treat each
day on which a violation of a reporting requirement
under subparagraph (A) continues as a separate
violation.
(3) Public reporting.--
(A) In general.--The Administrator shall make
available on the website of the Environmental
Protection Agency, in an accessible format that
includes multiple languages--
(i) all emissions measurement plans and
reports required under this section;
(ii) all emissions measurement data
collected by monitoring equipment required
under this section; and
(iii) an option to sign up for community-
wide or source-specific alerts that alert the
user if the emissions concentrations measured
pursuant to clause (i) or (ii), as applicable,
exceed--
(I) a health reference level of the
Administrator;
(II) a health reference level
approved by the Administrator; or
(III) the applicable corrective
action level under subsection (a)(3).
(B) Public notice and comment.--The Administrator
shall provide notice and receive public comment on the
format and accessibility of the information required
under subparagraph (A).
(C) Publication.--The Administrator shall publicize
the information required under subparagraph (A) in each
community that contains a source regulated under this
section through not less than 2 of the most widely
viewed local media formats for members of that
community that live nearest the regulated source.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for the period of
fiscal years 2023 and 2024.
SEC. 5. NAAQS MONITORING NETWORK.
(a) Deployment of NCore Multipollutant Monitoring Stations.--The
Administrator shall require the deployment of 80 additional NCore
multipollutant monitoring stations.
(b) Deadline.--Not later than 3 years after the date of enactment
of this Act, the Administrator shall ensure that all NCore
multipollutant monitoring stations required to be deployed under
subsection (a) are--
(1) installed and integrated into the air quality
monitoring system established pursuant to sections 110(a)(2)(B)
and 319 of the Clean Air Act (42 U.S.C. 7410(a)(2)(B), 7619);
and
(2) after installation, operated and maintained on a
continuing basis.
(c) Monitoring Results.--Monitoring results from NCore
multipollutant stations deployed pursuant to subsection (a) shall be
used for--
(1) assessments of the compliance of areas with national
ambient air quality standards;
(2) integrated science assessments in reviews of national
ambient air quality standards promulgated under section 109 of
the Clean Air Act (42 U.S.C. 7409);
(3) evaluating disparities of pollution exposures within
metropolitan areas; and
(4) such other purposes as the Administrator determines
will promote the protection of public health from air
pollution.
(d) Locations.--
(1) Vulnerable populations.--The Administrator shall ensure
that not less than 40 of the NCore multipollutant monitoring
stations required under subsection (a)--
(A) are not limited to metropolitan statistical
areas with populations of 50,000 or greater; and
(B) are sited in census tracts that each meet 1 or
more of the following criteria, with the specific site
selected consistent with Appendix D to part 58 of title
40, Code of Federal Regulations (as in effect on the
date of enactment of the Act):
(i) The rates of childhood asthma, adult
asthma, chronic obstructive pulmonary disease,
heart disease, or cancer are at least 5 percent
higher than the national average for that
condition in the census tract.
(ii) The percentage of people living below
the poverty level, that are above age 18
without a high school diploma, or that are
unemployed, is higher than the national average
in the census tract.
(iii) Two or more major sources (as defined
in section 501 of the Clean Air Act (42 U.S.C.
7661)) are located within the census tract or
adjacent census tracts combined.
(iv) There is a higher-than-national-
average population in the census tract of
vulnerable or sensitive individuals who may be
at greater risk than the general population of
adverse health effects from exposure to 1 or
more air pollutants for which national ambient
air quality standards have been established
pursuant to section 109 of the Clean Air Act
(42 U.S.C. 7409).
(2) Siting determinations.--In determining and approving
sites for NCore multipollutant monitoring stations required
under subsection (a), the Administrator shall--
(A) invite proposals from or on behalf of residents
of any community for the siting of the stations in that
community, which may include inviting proposals through
regional or virtual meetings;
(B) prioritize siting of the stations in census
tracts or counties that the Administrator determines
should be prioritized for siting based on--
(i) the potential for the levels of 1 or
more air pollutants to be monitored by the
stations to reach or exceed the level of the
applicable national ambient air quality
standard established pursuant to section 109 of
the Clean Air Act (42 U.S.C. 7409);
(ii) the number of people who live, work,
or recreate in the area or areas for which
monitoring by the stations is reasonably
anticipated to be representative with respect
to air quality and the proportion of those
people who are at higher risk than the general
population of adverse health effects from the
air pollutants monitored;
(iii) the lack or inadequacy of existing
air quality monitors for providing
representative air quality data for the
affected area or areas for the pollutants to be
measured by the station; and
(iv) the current designation of the area in
which the monitoring station would be located
as unclassifiable or attainment for one or more
of the pollutants to be monitored by that
station; and
(C) prior to making siting determinations--
(i) provide public notice of proposed
siting locations--
(I) in the Federal Register;
(II) by email to persons who have
requested notice of proposed siting
determinations;
(III) by news release; and
(IV) by posting on the public
website of the Environmental Protection
Agency; and
(ii) provide an opportunity for public
comment for not less than 30 days after the
date of publication of the notice required
under clause (i) in the Federal Register.
(3) Reliance on hybrid methods.--In determining under
paragraph (2)(B)(i) the potential for an air pollutant to reach
or exceed the level of the applicable standard, the
Administrator may rely on hybrid methods that combine
information from multiple sources, including monitors, sensors,
modeling, and satellites.
(e) Additional Ambient Monitors.--
(1) In general.--The Administrator shall deploy not fewer
than 100 Federal reference method monitors or Federal
equivalent method monitors for 1 or more air pollutants for
which national ambient air quality standards have been
established pursuant to section 109 of the Clean Air Act (42
U.S.C. 7409) in areas--
(A) that are unmonitored or undermonitored, as
determined by the Administrator; and
(B) within which the Administrator determines,
after public notice and comment, that adding those
monitors is warranted--
(i) to detect whether the area is in
nonattainment of the applicable national
ambient air quality standards; and
(ii) to improve the publicly available data
on air quality for 1 or more of those air
pollutants (or precursors to those air
pollutants).
(2) Siting determinations.--In approving sites for new
Federal reference method monitors or Federal equivalent method
monitors required under this subsection, the Administrator
shall prioritize siting of the stations in census tracts or
counties in accordance with subsection (d)(2)(B).
(3) Relation to previously deployed or planned monitors.--
The Federal reference method monitors required under this
subsection shall be in addition to, and not in lieu of, any
monitors already deployed or planned for deployment by the
Administrator, any State, any other governmental entity, or any
other entity prior to the date of enactment of this Act.
(f) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall--
(1) in coordination with the States, complete an
assessment, which includes public input, on the status of all
ambient air quality monitors that are part of Federal, State,
or local networks and used for determining compliance with
national ambient air quality standards; and
(2) submit to the Congress and make available on the public
website of the Environmental Protection Agency a report that
includes--
(A) a list of all monitors identified under
paragraph (1); and
(B) a schedule and plan to restore or replace all
monitors included in the list under subparagraph (A) to
full operation not later than 16 months of the date of
enactment of this Act, except that the schedule and
plan shall not apply to monitors--
(i) that have been discontinued in
accordance with section 58.14(c) of title 40,
Code of Federal Regulations (as in effect on
the date of enactment of this Act); and
(ii)(I) for which such discontinuation is
not subject to a judicial challenge; or
(II) for which a judicial challenge
described in subclause (I) has been fully
resolved by a settlement or order that
authorizes discontinuation of such monitor.
(g) Designations.--Not later than 2 years after the date on which
data is received from a monitor sited pursuant to this section that
demonstrates that an area that is designated pursuant to section
107(d)(1) of the Clean Air Act (42 U.S.C. 7407(d)(1)) by the
Administrator as in attainment or unclassifiable for an air pollutant
is in violation of the applicable national ambient air quality
standard, the Administrator shall redesignate pursuant to section
107(d)(3) of such Act (42 U.S.C. 7407(d)(3)) that area as in
nonattainment for that pollutant unless the designation is otherwise
precluded under this Act.
(h) Satellite Monitoring.--
(1) Satellite monitoring data.--
(A) Provision of satellite data.--The Administrator
of the Environmental Protection Agency may consult with
the Administrator of the National Aeronautics and Space
Administration regarding data from the satellites of
the National Aeronautics and Space Administration for
use in calculating design values under any national
ambient air quality standards for PM<INF>10</INF> and
PM<INF>2.5</INF>.
(B) Regulations required.--The Administrator of the
Environmental Protection Agency may promulgate
regulations to specify procedures (including any
modeling techniques) for using data described in
subparagraph (A) in combination with information from
multiple sources, including monitors and modeling, to
calculate the expected number of exceedances per year
and the design values for PM<INF>10</INF> and
PM<INF>2.5</INF> for purposes of determining compliance
or noncompliance with the national ambient air quality
standards for those pollutants.
(2) National academy of sciences report.--
(A) In general.--The Administrator may enter into
an arrangement with the National Academy of Sciences
under which the National Academy of Sciences agrees to
submit a report that describes the actions necessary,
including new science and satellite assets to enable
the contribution of satellite monitoring to the
calculation of design values and nonattainment
determinations under any national ambient air quality
standards for ozone, oxides of nitrogen, and oxides of
sulfur established pursuant to section 109 of the Clean
Air Act (42 U.S.C. 7409).
(B) Regulations required.--
(i) In general.--Not later than December
31, 2023, the Administrator, in coordination
with the Administrator of the National
Aeronautics and Space Administration and the
Administrator of the National Oceanic and
Atmospheric Administration, shall promulgate
regulations that provide a plan for the use of
satellite monitoring data in calculating design
values for the pollutants described in
subparagraph (A).
(ii) Requirement.--Not later than January
1, 2027, the Administrator shall implement the
plan required by clause (i) and provide for use
of satellite data in calculating design values
for the pollutants described in subparagraph
(A).
(3) Definition.--For purposes of this subsection, the term
``design value'' means, for each pollutant, the air quality
statistic the Administrator defines in part 50 (including
appendices) of title 40, Code of Federal Regulations, for
comparison with the relevant national ambient air quality
standard established under section 109 of the Clean Air Act (42
U.S.C. 7409), regardless of whether the regulation (including
appendices) in part 50 of title 40, Code of Federal
Regulations, uses the term ``design value''.
(i) Monitoring Plans.--Notwithstanding any other provision of law,
the Administrator may not approve a State monitoring plan under section
58.10 of title 40, Code of Federal Regulations (or successor
regulations) unless--
(1) the State provided, with respect to the State
monitoring plan--
(A) public notice;
(B) not less than 45 days for public comment; and
(C) an opportunity for public hearing; and
(2) the Administrator--
(A) proposes in the Federal Register to approve or
disapprove of the State monitoring plan;
(B) provides not less than 45 days for public
comment on the proposal described in subparagraph (A);
and
(C) publishes in the Federal Register the final
action on the proposal described in subparagraph (A).
(j) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $75,000,000 for
fiscal year 2023.
(2) Uses.--The Administrator--
(A) may use the amounts made available to carry out
this section--
(i) to directly deploy new or replacement
NCore multipollutant monitoring stations
required under subsection (a); or
(ii) to make grants under section 103 or
105 of the Clean Air Act (42 U.S.C. 7403; 7405)
to State and local governments for deployment
and operation of the NCore multipollutant
monitoring stations required under subsection
(a); and
(B) shall use not less than 5 percent, but not more
than 10 percent, of the amounts made available to carry
out this section to perform the maintenance and repairs
necessary to restore to operation NCore multipollutant
monitoring stations that are--
(i) as of the date of enactment of this
Act, nonoperational; and
(ii) located in areas that are designated
as in nonattainment of national ambient air
quality standards under section 109 of the
Clean Air Act (42 U.S.C. 7409) for ozone or
particulate matter.
SEC. 6. SENSOR MONITORING.
(a) Deployment of Air Quality Sensors.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator--
(A) shall deploy, in accordance with the
prioritization criteria described in section 5(d)(2),
not fewer than 1,000 air quality sensors, each of which
shall cost not more than $5,000;
(B) shall deploy such air quality sensors in
clusters of not fewer than five in each of the census
tracts or counties selected;
(C) before determining and approving sites for such
air quality sensors, shall invite, through public
notice and other means designed to reach communities
disproportionately impacted by air pollution, proposals
from or on each behalf of residents of any community
for the sites; and
(D) may contract with State and local air pollution
control agencies to conduct sensor monitoring and
report the results.
(2) Requirement.--In carrying out paragraph (1), the
Administrator shall select sensors for deployment that--
(A) are available on the market at the time of
purchase;
(B) the Administrator determines will provide data
of sufficient accuracy to provide a reasonable basis
for determining whether the location in which the
sensor is sited is or may be at risk of exceeding the
applicable national ambient air quality standard
established pursuant to section 109 of the Clean Air
Act (42 U.S.C. 7409); and
(C) are the lowest cost available that meet the
criteria of subparagraph (B).
(3) Exception to cost limitation.--Notwithstanding
paragraph (1), if the Administrator determines in writing that
a sensor model to measure a particular pollutant is not
available on the market at a price at or below $5,000 each, the
Administrator may spend an amount above $5,000 to acquire such
sensor model so long as the Administrator complies with
subparagraphs (B) and (C) of paragraph (2).
(b) Pollutants.--
(1) In general.--Each air quality sensor deployed pursuant
to subsection (a) shall measure ozone, PM<INF>2.5</INF>, oxides
of nitrogen, or sulfur dioxide.
(2) Determination.--The Administrator shall determine which
pollutant or air pollutants an air quality sensor deployed
pursuant to subsection (a) shall monitor based on the pollution
sources affecting the area in which the sensor is to be
deployed.
(c) Determination and Installation.--
(1) In general.--Not later than 18 months after the date on
which an air quality sensor deployed pursuant to subsection (a)
has been monitoring air quality data for 1 year, the
Administrator shall determine whether data from the air quality
sensors deployed in the applicable census tract or county shows
air pollution levels over the 1-year period ending on the date
of the determination that reached 98 percent of the level of
the national ambient air quality standard under section 109 of
the Clean Air Act (42 U.S.C. 7409) for any air pollutant.
(2) Requirement.--If the Administrator makes a
determination under paragraph (1) that an air pollutant
described in subsection (b)(1) met the threshold described in
that paragraph, the Administrator shall, not later 180 days
after the date of the determination, ensure that Federal
reference method monitors or Federal equivalent method monitors
are installed and in operation within that census tract or
county for each pollutant that met the threshold.
(3) Exceptions.--The Administrator shall waive the
requirement of paragraph (2) if the Administrator finds, within
the 180-day period described in such paragraph, and after
providing notice and an opportunity for public comment, that
based on clear and convincing evidence--
(A) the measurements from the sensor or sensors
supporting the determination described in paragraph (2)
were so inaccurate as to provide no reasonable basis
for finding that levels of the relevant pollutant
reached 98 percent of the level of the national ambient
air quality standard under section 109 of the Clean Air
Act (42 U.S.C. 7409) for the relevant pollutant; or
(B) complementary data such as information on the
ambient matric, meteorology, measurements from other
nearby sensors or ambient monitors, modeling, satellite
data, or other relevant and reliable information
demonstrate that levels of the relevant pollutant could
not have plausibly reached 98 percent of the level of
such standard.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and not less frequently than every 6 years thereafter, the
Administrator shall report on additional areas of decision making where
data from low-cost air quality sensors may be relevant and useful.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000.
SEC. 7. DATA REQUIREMENT.
To the extent practicable, the Administrator shall integrate the
data collected through the programs established under this Act into the
Environmental Justice Screening and Mapping Tool (EJSCREEN) of the
Environmental Protection Agency or a relevant similar mapping and
screening tool.
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