[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3507 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3507
To improve air quality management and the safety of communities using
the best available monitoring technology and data.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13 (legislative day, January 10), 2022
Mr. Markey (for himself, Ms. Smith, Ms. Duckworth, Mr. Durbin, Mr.
Blumenthal, Ms. Warren, Mr. Bennet, Mr. Sanders, Mr. Van Hollen, Mr.
Whitehouse, Mrs. Murray, and Mr. Booker) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To improve air quality management and the safety of communities using
the best available monitoring technology and data.
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 ``Technology Assessment for Air
Quality Management Act of 2022''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Environmental Protection Agency has not established
a process to consistently gather information on local air
quality monitoring systems across the United States;
(2) it is not yet clear how newer air sensor technologies
should be deployed to provide the most benefit, nor how the
data should be interpreted;
(3) despite national progress on reducing air pollution,
more than 40 percent of people in the United States live in
places with unhealthy levels of ozone or particle pollution;
(4) people of color, Indigenous people, and low-income
communities bear disproportionately higher exposures and health
burdens due to air pollution;
(5) air quality can vary up to 800 percent from block to
block within a single neighborhood; and
(6) existing methods that are prescribed for basin-wide air
quality monitoring--
(A) are cost-prohibitive for monitoring community-
scale air quality; and
(B) do not, as of the date of enactment of this
Act, measure the intrinsic variability of persistently
poor air quality in environmental justice communities
at the neighborhood block level.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Air pollutant.--The term ``air pollutant'' means--
(A) a criteria pollutant for which there are
national ambient air quality standards under section
109 of the Clean Air Act (42 U.S.C. 7409) and the
precursors to such a pollutant, including ammonia and
volatile organic compounds (as defined in section
51.100 of title 40, Code of Federal Regulations (or
successor regulations));
(B) a hazardous air pollutant (as defined in
section 112(a) of that Act (42 U.S.C. 7412(a))); and
(C) a greenhouse gas.
(3) Area source.--The term ``area source'' has the meaning
given the term in section 112(a) of the Clean Air Act (42
U.S.C. 7412(a)).
(4) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people, regardless of race, color, culture, natural
origin, or income, in the development, implementation, and
enforcement of environmental laws (including regulations) and
policies to ensure that each person enjoys--
(A) the same degree of protection from
environmental and health hazards; and
(B) equal access to any Federal agency action
relating to the development, implementation, and
enforcement of environmental laws (including
regulations) and policies for the purpose of having a
healthy environment in which to live, learn, work, and
recreate.
(5) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects, as compared to
other communities.
(6) Greenhouse gas.--The term ``greenhouse gas'' means any
of the following:
(A) Carbon dioxide.
(B) Methane.
(C) Nitrous oxide.
(D) Hydrofluorocarbons.
(E) Perfluorocarbons.
(F) Sulfur hexafluoride.
(7) Hyperlocal air quality monitoring system.--The term
``hyperlocal air quality monitoring system'' means a method of
monitoring ambient air quality, greenhouse gases, and co-
pollutants and detecting the presence of other air pollutants
that--
(A) yields frequently repeated, ongoing
measurements of air pollutants at a geographic scale
that is--
(i) as small as practicable to identify
communities; and
(ii) not larger than that of a census
tract; and
(B) identifies hotspots of persistent elevated
levels of air pollutants localized to, and caused by
the characteristics of, a specific geographic location.
(8) Hyperlocal data.--
(A) In general.--The term ``hyperlocal data'' means
the results returned by a hyperlocal air quality
monitoring system.
(B) Inclusions.--The term ``hyperlocal data'' may
include data on--
(i) the health impacts of air pollution;
and
(ii) sources of pollution.
(9) Indirect source.--The term ``indirect source'' has the
meaning given the term in section 110(a)(5)(C) of the Clean Air
Act (42 U.S.C. 7410(a)(5)(C)).
(10) Major source.--The term ``major source'' has the
meaning given the term in section 501 of the Clean Air Act (42
U.S.C. 7661).
(11) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Environment and Public Works
of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
SEC. 4. COMPENDIUM OF AIR QUALITY MONITORING TECHNOLOGIES AND USES OF
AIR QUALITY INSIGHTS.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Administrator shall update the Air Sensor
Toolbox of the Environmental Protection Agency or an equivalent online,
publicly available compendium--
(1) to describe all types of common air quality monitor
technologies, which may include--
(A) Federal Reference Method or Federal Equivalent
Method monitors;
(B) mobile monitoring platforms;
(C) low-cost stationary monitors;
(D) satellite sensors and surface monitors;
(E) fenceline monitoring instruments;
(F) high-resolution cameras; and
(G) other technologies, as determined to be
appropriate by the Administrator;
(2) to describe the uses of the data associated with the
types of common air quality monitor technologies described
under paragraph (1);
(3) to update and describe the advantages and limitations
of monitoring technologies with respect to different air
quality management applications, which may include--
(A) the costs and ease of purchase, installation,
operation, and maintenance of monitors;
(B) air pollutant or air pollutants monitored;
(C) spatial resolution;
(D) temporal resolution;
(E) frequency of data collection by monitors;
(F) data quality and data processing needs; and
(G) compatibility, accessibility, and ease of use
of a type of monitor with online databases;
(4) to describe--
(A) potential incongruities in air quality monitor
measurements and reference methods; and
(B) relevant insights with respect to hyperlocal
data, despite the potential incongruities described in
subparagraph (A);
(5) to describe the availability of, and how to access,
data on--
(A) the location and nature of likely sources of
air pollution, including major sources, area sources,
and indirect sources; and
(B) potential health impacts that may result from
air pollution exposure;
(6) to connect and integrate the Air Sensor Toolbox or
equivalent compendium with the EJSCREEN mapping tool of the
Environmental Protection Agency, the Environmental Information
Exchange Network, and other relevant Federal, State, and local
environmental justice mapping and screening tools--
(A) to inform communities and local air agencies of
local air pollution concerns;
(B) to address--
(i) the multiple and cumulative exposures
identified in environmental human health
analyses under section 3-301(b) of Executive
Order 12898 (42 U.S.C. 4321 note; relating to
Federal actions to address environmental
justice in minority populations and low-income
populations); and
(ii) any exclusion from participation in,
denial of and the benefits of, or
discrimination under programs and activities
receiving Federal financial assistance on the
ground of race, color, or national origin, as
prohibited under section 601 of the Civil
Rights Act of 1964 (42 U.S.C. 2000d); and
(C) to strengthen hyperlocal air quality monitoring
systems, air quality data visualization, and hyperlocal
data integration into decisionmaking; and
(7) to describe how to integrate air quality monitoring
technologies and data across spatial and temporal scales to
improve quantitative use of low-cost sensors, satellite
sensors, and other technologies.
SEC. 5. AIR QUALITY TECHNOLOGY WORKING GROUP.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish an Air
Quality Technology Working Group (referred to in this section
as the ``Working Group'').
(2) Membership.--The Working Group shall consist of 30
members, including--
(A) 1 representative from each Regional Office of
the Environmental Protection Agency;
(B) not less than 1 representative with a
demonstrated record of experience with device
installation, operation, maintenance, and calibration
of different air quality monitoring approaches;
(C) not less than 3 representatives with
demonstrated records of experience in data science as
it pertains to using measurements from monitoring
technologies to develop air quality insights for
environmental justice and associated air quality
monitoring applications;
(D) not less than 3 representatives of
environmental justice community-based organizations,
coalitions, networks, or alliances with experience in
using new technologies to assess and address air
pollution in the communities of those environmental
justice community-based organizations, coalitions,
networks, or alliances;
(E) not less than 1 representative with a
demonstrated record of experience in outreach and
engagement with environmental justice communities;
(F) not less than 1 representative from a Federal
air agency;
(G) not less than 1 representative from a State air
agency;
(H) not less than 1 representative from a local air
agency;
(I) not less than 1 representative from a Tribal
air agency;
(J) not less than 2 representatives that--
(i) are--
(I) from public health departments;
or
(II) public health scientists; and
(ii) have a demonstrated record of
experience with translating information
collected from monitoring technologies into
health insights for environmental justice
applications and air quality management; and
(K) not less than 1 representative from the air
quality technology industry.
(b) Monitoring System Template.--Not later than 1 year after the
date on which the Working Group is established under subsection (a)(1),
the Working Group shall develop and submit to the relevant committees
of Congress a report that includes--
(1) templates for integrated air quality monitoring systems
ranging in cost estimates, population sizes of communities
served, atmospheric dispersion dynamics of air pollutants, and
other relevant parameters, as determined to be appropriate by
the Working Group, that provide a holistic understanding of
local air pollutant measurements across time, which may
incorporate--
(A) 1 or more in-situ monitors;
(B) 1 or more satellite sensors;
(C) computer modeling;
(D) multipollutant monitoring options;
(E) single pollutant monitoring options; and
(F) data collection, interpretation, and reporting
to relevant Federal, State, local, and Tribal air
agencies;
(2) a description of the costs and capacity needs
associated with the integrated air quality monitoring systems
described under paragraph (1), including--
(A) costs of purchase, operation, maintenance, and
calibration of monitor technologies;
(B) workforce needs;
(C) data infrastructure needs; and
(D) any other needs, as determined to be
appropriate by the Administrator; and
(3) technology modernization targets for upgrades to
integrated air quality monitoring stations.
SEC. 6. NATIONAL INFRASTRUCTURE INVENTORY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States, in
coordination with the Environmental Protection Agency, shall carry out
a study to inventory national air quality monitoring infrastructure by
documenting--
(1) locations, operation statuses, frequencies of data
return, and dates of installation of Federal air quality
monitors;
(2) the number of people living within \1/2\ mile of
Federal air quality monitors that continuously return data;
(3) in coordination with Regional Offices of the
Environmental Protection Agency, and State, local, and Tribal
air agencies, the locations, operation statuses, and dates of
installation of additional air quality monitors that are
managed by State, local, and Tribal air agencies;
(4) data infrastructure and online platforms that are
associated with datasets collected by Federal, State, local,
and Tribal air quality monitors that are documented under
paragraphs (1) and (3); and
(5) existing workforce capacity and needs across Federal,
State, local, and Tribal levels.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the relevant committees of
Congress a report that includes--
(1) a description of the study carried out under subsection
(a);
(2) a description of the results of that study;
(3) a map of high-priority areas for air quality monitor
deployment, based on factors such as proximity to or effects on
environmental justice communities, discrepancies between
monitor readings and satellite or low-cost sensor readings,
proliferation of pollution sources, and the lack of existing
Federal Reference Method or Federal Equivalent Method monitors;
and
(4) recommendations for legislative and regulatory action
that would facilitate more effective and targeted air quality
management across scales, which may include--
(A) monitor placement;
(B) monitor accuracy;
(C) integration of monitor, modeling, and satellite
technologies;
(D) methods for hyperlocal monitoring;
(E) information gathering and sharing; and
(F) maintenance and regular upgrades to monitors
and data infrastructure.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator
$11,000,000 for each of fiscal years 2023 through 2027 for the purposes
of--
(1) carrying out this Act; and
(2) establishing 8 new full-time equivalent positions to
assist the Administrator in carrying out this Act.
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