II 

117TH CONGRESS 

2D SESSION S. 4510 

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 SENATE OF THE UNITED STATES 

JULY 12, 2022 

Ms. DUCKWORTH introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

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 


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monitoring network, to deploy air sensors in communities 

affected by air pollution, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Health Air 

5 Quality Act of 2022’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

11 (2) ACCIDENTAL RELEASE.—The term ‘‘acci12 dental release’’ has the meaning given the term in 

13 section 112(r)(2) of the Clean Air Act (42 U.S.C. 

14 7412(r)(2)). 

15 (3) AREA SOURCE; EXISTING SOURCE; HAZ16 ARDOUS AIR POLLUTANT; MAJOR SOURCE; NEW

17 SOURCE; STATIONARY SOURCE.—Except as otherwise 

18 provided, the terms ‘‘area source’’, ‘‘existing 

19 source’’, ‘‘hazardous air pollutant’’, ‘‘major source’’, 

20 ‘‘new source’’, and ‘‘stationary source’’ have the 

21 meanings given the terms in section 112(a) of the 

22 Clean Air Act (42 U.S.C. 7412(a)). 

23 (4) EMISSIONS MEASUREMENT SYSTEM.—The 

24 term ‘‘emissions measurement system’’ means a set 


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1 of monitors, testing equipment, tools, and processes 

2 employed at a facility to measure emissions from di3 rect and fugitive points at a source or facility or at 

4 the source’s or facility’s fenceline that employs Envi5 ronmental Protection Agency-approved or promul6 gated test methods for all measured pollutants for 

7 which a method is available. 

8 (5) FEDERAL EQUIVALENT METHOD; FEDERAL

9 REFERENCE METHOD.—The terms ‘‘Federal equiva10 lent method’’ and ‘‘Federal reference method’’ have 

11 the meanings given to such terms in section 53.1 of 

12 title 40, Code of Federal Regulations (or to the 

13 same or substantially similar terms in successor reg14 ulations). 

15 (6) METHOD 325A.—The term ‘‘Method 325A’’ 

16 means the most current version of the test method 

17 325A published by the Environmental Protection 

18 Agency. 

19 (7) METHOD 325B.—The term ‘‘Method 325B’’ 

20 means the most current version of the test method 

21 325B published by the Environmental Protection 

22 Agency. 

23 (8) METHOD TO–15A.—The term ‘‘Method TO– 

24 15A’’ means the most current version of the test 


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1 method TO–15 (including TO–15A) published by 

2 the Environmental Protection Agency. 

3 (9) NATIONAL AMBIENT AIR QUALITY STAND4 ARD.—The term ‘‘national ambient air quality 

5 standard’’ means a national ambient air quality 

6 standard established under section 109 of the Clean 

7 Air Act (42 U.S.C. 7409). 

8 (10) NCore; SLAMS.—The terms ‘‘NCore’’ and 

9 ‘‘SLAMS’’ have the meaning given those terms in 

10 section 58.1 of title 40, Code of Federal Regulations 

11 (as in effect on the date of enactment of this Act). 

12 (11) REAL-TIME.—The term ‘‘real-time’’ means 

13 the actual or near actual time during which pollut14 ant levels occur at or near the property boundary of 

15 a facility or in a nearby community. 

16 (12) SOURCE.—The term ‘‘source’’ means a 

17 source as such term is used in the Clean Air Act (42 

18 U.S.C. 7401 et seq.). 

19 SEC. 3. HEALTH EMERGENCY AIR TOXICS MONITORING 

20 NETWORK. 

21 (a) MONITORING.— 

22 (1) IN GENERAL.— 

23 (A) PROGRAM.—The Administrator shall 

24 carry out a program to administer or conduct, 

25 pursuant to authority provided under the Clean 


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1 Air Act (42 U.S.C. 7401 et seq.), including sec2 tions 103 and 114 of that Act (42 U.S.C. 7403, 

3 7414), emissions measurement and quantifica4 tion, including the best available form of 

5 fenceline monitoring of stationary sources of 

6 hazardous air pollutants that are on the list de7 veloped under subsection (c), including through 

8 expansion of the National Air Toxics Trends 

9 Station network or through creating a new net10 work, as appropriate. 

11 (B) TIMING.—The Administrator shall 

12 begin implementation of the program under 

13 subparagraph (A) not later than 18 months 

14 after the date of enactment of this Act. 

15 (2) MONITORING PERIOD.— 

16 (A) IN GENERAL.—The Administrator 

17 shall maintain the monitoring required under 

18 paragraph (1) for a period of not less than 6 

19 years after the date on which the monitoring re20 quired under that paragraph is first carried 

21 out. 

22 (B) SUBSEQUENT MONITORING.—After the 

23 6-year period described in subparagraph (A), 

24 the Administrator shall maintain the emissions 

25 measurement and quantification program under 


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1 paragraph (1), consistent with this section, 

2 through— 

3 (i) maintaining monitors at all or 

4 some sources under the program under 

5 paragraph (1); and 

6 (ii) adding or moving monitors under 

7 the program under paragraph (1) to addi8 tional sources, following the process for 

9 substitution of sources in subsection (g). 

10 (C) SHORTENED PERIOD.—If the Adminis11 trator determines that 6 years of monitoring, as 

12 required by subparagraph (A), is not necessary 

13 to protect public health or assure compliance at 

14 the source or the facility involved, the Adminis15 trator may decrease or end the monitoring after 

16 at least 3 years of monitoring has occurred. 

17 (D) ADDITIONAL INSPECTIONS AND TEST18 ING.—In addition to fenceline monitoring under 

19 the program under this subsection, the Admin20 istrator shall use the Administrator’s full au21 thority to inspect and require emission testing 

22 at sources at or inside the facility involved to 

23 the extent necessary to identify and address the 

24 emissions crossing the fenceline. 

25 (b) PUBLICATION OF RESULTS.— 


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1 (1) IN GENERAL.—The Administrator shall 

2 publish and maintain the plans for and the results 

3 of all measurements, including fenceline monitoring, 

4 conducted under the program under subsection 

5 (a)(1) on the website of the Environmental Protec6 tion Agency— 

7 (A) in a highly accessible format; 

8 (B) in multiple languages; and 

9 (C) for a period of at least 6 years. 

10 (2) IMMEDIATE AVAILABILITY.—The Adminis11 trator shall ensure that the monitoring data de12 scribed in paragraph (1) is made publicly available 

13 under that paragraph as expeditiously as practicable, 

14 and not later than 7 days after electronic submis15 sion, which shall be not later than one month after 

16 the date of collection of such data. 

17 (c) LIST OF SOURCES.— 

18 (1) DEVELOPMENT.— 

19 (A) IN GENERAL.—Not later than 270 

20 days after the date of enactment of this Act, 

21 the Administrator shall publish, after public no22 tice and comment, a list of stationary sources 

23 of hazardous air pollutants that, subject to sub24 paragraph (B), includes— 

25 (i) at least 45 of the sources listed— 


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1 (I) as high-priority facilities in 

2 Appendix A of the report of the Office 

3 of Inspector General of the Environ4 mental Protection Agency numbered 

5 20–N–0128 and dated March 31, 

6 2020; or 

7 (II) as contributing to high can8 cer risk at the census block level in 

9 Appendix C of the report of the Office 

10 of Inspector General of the Environ11 mental Protection Agency numbered 

12 21–P–0129 and dated May 6, 2021; 

13 and 

14 (ii) at least 55 other major sources or 

15 area sources that meet the criteria de16 scribed in paragraph (2). 

17 (B) SUBSTITUTION.— 

18 (i) IN GENERAL.—If the Adminis19 trator determines that a source described 

20 in subparagraph (A)(i) no longer contrib21 utes to high health risks or impacts, the 

22 Administrator shall— 

23 (I) cease to include that source in 

24 the list under subparagraph (A); and 


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1 (II) include instead an additional 

2 major source or area source described 

3 in subparagraph (A)(ii) to ensure that 

4 the list under subparagraph (A) in5 cludes not less than 100 high-priority 

6 sources. 

7 (ii) DESCRIPTION OF REASONS.—The 

8 Administrator shall publish in the Federal 

9 Register— 

10 (I) any determination to make a 

11 substitution under clause (i); and 

12 (II) an explanation of the reasons 

13 for any such determination dem14 onstrating, based on monitoring data 

15 or other reliable information, that the 

16 substitution is likely to ensure that 

17 monitoring under this section occurs 

18 at the sources causing or contributing 

19 to the highest potential health risks or 

20 other impacts from hazardous air pol21 lution. 

22 (iii) REQUIREMENT.—The Adminis23 trator may include an additional major 

24 source or area source under clause (i)(II) 

25 only if the Administrator determines that 


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1 the source is, or is likely to be, contrib2 uting local health risks or impacts that are 

3 equivalent to, or greater than, those of the 

4 source for which the new source is being 

5 substituted. 

6 (2) CRITERIA.—The Administrator may include 

7 a major source or area source described in clause (ii) 

8 of paragraph (1)(A) on the list described in that 

9 paragraph only if the source— 

10 (A) emits at least 1 of the pollutants de11 scribed in paragraph (3); 

12 (B) is— 

13 (i) located in, or within 3 miles of, a 

14 census tract with— 

15 (I) a cancer risk of at least 100- 

16 in-1,000,000; or 

17 (II) a chronic non-cancer hazard 

18 index that is greater than 1; or 

19 (ii) in a source category with— 

20 (I) a cancer risk that is at least 

21 50-in-1,000,000 for the individual 

22 most exposed to emissions from the 

23 source category; 


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1 (II) a total organ-specific hazard 

2 index for chronic non-cancer risk that 

3 is greater than 1; or 

4 (III) an acute risk hazard 

5 quotient that is greater than 1; and 

6 (C)(i) is classified in 1 or more of North 

7 American Industry Classification System codes 

8 322, 324, 325, 326, 331, 332, 339, 424, and 

9 562; 

10 (ii)(I) is required to prepare and imple11 ment a risk management plan pursuant to sec12 tion 112(r) of the Clean Air Act (42 U.S.C. 

13 7412(r)); and 

14 (II) has had an accidental release required 

15 to be reported during the previous 5-year period 

16 pursuant to sections 68.42 and 68.195 of title 

17 40, Code of Federal Regulations (as in effect on 

18 the date of enactment of this Act); or 

19 (iii) is determined by the Administrator to 

20 be a high-priority source or facility for emis21 sions measurement because the emissions of the 

22 source or facility are causing or contributing to, 

23 or have the potential to cause or contribute to, 

24 serious health risks or impacts. 


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1 (3) POLLUTANTS.—The pollutants described in 

2 this paragraph are— 

3 (A) ethylene oxide, CAS 75218; 

4 (B) chloroprene, CAS 126998; 

5 (C) benzene, CAS 71432; 

6 (D) 1,3–butadiene, CAS 106990; 

7 (E) formaldehyde, CAS 50000; 

8 (F) acetaldehyde, CAS 75070; 

9 (G) lead compounds; 

10 (H) arsenic compounds; 

11 (I) cadmium compounds; 

12 (J) nickel compounds; 

13 (K) manganese compounds; 

14 (L) any other hazardous air pollutant in15 cluded in the list described in section 112(b) of 

16 the Clean Air Act (42 U.S.C. 7412(b)) that the 

17 Administrator determines, after public notice 

18 and comment, the emissions of which— 

19 (i) are, or may be contributing to, se20 rious health risks; and 

21 (ii) warrant emissions quantification 

22 and measurement; and 

23 (M) any pollutant that is a precursor to at24 mospheric photochemical production of any 

25 other pollutant on such list. 


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1 (4) USE OF RISK ASSESSMENTS.—In carrying 

2 out this subsection, the Administrator shall— 

3 (A) use— 

4 (i) the Environmental Protection 

5 Agency’s latest evaluations and methods of 

6 compiling and evaluating information 

7 about risks from air toxics, or the most re8 cent Air Toxics Screening Assessment or 

9 other current evaluation or report by the 

10 Environmental Protection Agency pro11 viding similar information about cancer 

12 and noncancer risks from hazardous air 

13 pollution based on measured or modeled 

14 emissions; 

15 (ii) the Risk-Screening Environmental 

16 Indicators model of the Administrator; 

17 (iii) a prior health risk assessment 

18 that was performed by the Administrator 

19 for the applicable source or source cat20 egory; or 

21 (iv) a new health risk assessment per22 formed by the Administrator that— 

23 (I) follows the best available 

24 science (including the most recent 


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1 guidance from the National Academy 

2 of Sciences); and 

3 (II) considers, to the greatest ex4 tent practicable, with respect to the 

5 applicable source or facility— 

6 (aa) cumulative risks and 

7 impacts; 

8 (bb) increased vulnerability 

9 that results from socioeconomic 

10 disparities; 

11 (cc) multiple source expo12 sure; and 

13 (dd) exposure in utero, in 

14 childhood, and through the age of 

15 85; and 

16 (B) consider— 

17 (i) the most recent emission tests 

18 available to the Administrator or received 

19 by the Environmental Protection Agency in 

20 public comment; and 

21 (ii) any fenceline or ambient moni22 toring data for which an Environmental 

23 Protection Agency-approved data quality 

24 check has been performed. 

25 (d) METHODS AND TECHNOLOGIES.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (3), in carrying out the program under sub3 section (a), the Administrator shall, for each sta4 tionary source on the list published under subsection 

5 (c)(1), employ an emissions measurement system to 

6 monitor the pollutants described in subsection (c)(3) 

7 emitted by the stationary source, including at 

8 least— 

9 (A) the most current Environmental Pro10 tection Agency-approved or promulgated emis11 sion test or monitoring method, including Meth12 ods 325A, 325B, and TO–15 or the most cur13 rent and best available version of such methods 

14 approved or promulgated by the Environmental 

15 Protection Agency; or 

16 (B) for each stationary source described in 

17 paragraph (2), the best available method for 

18 continuous, real-time measurement of air pol19 lutant concentrations. 

20 (2) STATIONARY SOURCES DESCRIBED.—A sta21 tionary source referred to in paragraph (1)(B) is— 

22 (A) not less than each of the 20 stationary 

23 sources on the list published under subsection 

24 (c)(1) that— 


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1 (i) emits the greatest volume of pol2 lutants described in subsection (c)(3); or 

3 (ii) causes the greatest health risk, 

4 based on the emissions of the pollutants 

5 described in subsection (c)(3) individually, 

6 as a group, or cumulatively, based on— 

7 (I)(aa) the Environmental Pro8 tection Agency’s latest evaluations 

9 and methods of compiling and evalu10 ating information about risks from air 

11 toxics, or the most recent Air Toxics 

12 Screening Assessment or other cur13 rent evaluation or report by the Envi14 ronmental Protection Agency pro15 viding similar information about can16 cer and noncancer risks from haz17 ardous air pollution based on meas18 ured or modeled emissions; 

19 (bb) the Risk-Screening Environ20 mental Indicators model of the Ad21 ministrator; 

22 (cc) a prior health risk assess23 ment that was performed by the Ad24 ministrator for the applicable source 

25 or source category; or 


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1 (dd) a new health risk assess2 ment performed by the Administrator 

3 that— 

4 (AA) follows the best avail5 able science (including the most 

6 recent guidance from the Na7 tional Academy of Sciences); and 

8 (BB) considers, to the great9 est extent practicable, with re10 spect to the applicable source or 

11 facility, cumulative risks and im12 pacts, increased vulnerability that 

13 results from socioeconomic dis14 parities, multiple source expo15 sure, and exposure in utero, in 

16 childhood, and through the age of 

17 85; and 

18 (II) the most recent emission 

19 tests available to the Environmental 

20 Protection Agency or received in pub21 lic comment, and any fenceline or am22 bient monitoring data for which an 

23 Environmental Protection Agency-ap24 proved data quality check has been 

25 performed; and 


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1 (B) any other stationary source on the list 

2 published under subsection (c)(1) that is regu3 lated under section 112(r)(7) of the Clean Air 

4 Act (42 U.S.C. 7412(r)(7)) and has had an ac5 cidental release or incident that is required to 

6 be reported during the previous 5-year period 

7 under such section 112(r)(7) (42 U.S.C. 

8 7412(r)(7)); and 

9 (C) any other stationary source on the list 

10 published under subsection (c)(1) for which ap11 plication of the methods described in subpara12 graph (A) alone will not be sufficient to monitor 

13 and report the pollutants described in sub14 section (c)(3) that are emitted by that sta15 tionary source. 

16 (3) UPDATES.— 

17 (A) APPROVED OR PROMULGATED METH18 ODS.—The Administrator shall— 

19 (i) not later than 270 days after the 

20 date of enactment of this Act, review and, 

21 after public notice and comment, update 

22 each approved or promulgated test method 

23 described in this section to add as many of 

24 the pollutants described in subsection 

25 (c)(3) as possible; and 


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1 (ii) otherwise strengthen the test 

2 methods described in clause (i) to support 

3 effective hazardous air pollutant measure4 ment and the full implementation of this 

5 Act. 

6 (B) NEW TEST METHODS.— 

7 (i) IN GENERAL.—Not later than 18 

8 months after the date of enactment of this 

9 Act, the Administrator shall approve or 

10 promulgate, as applicable, any new test 

11 methods that are necessary to ensure effec12 tive fenceline monitoring of all pollutants 

13 and sources described in this section, in14 cluding— 

15 (I) at least 1 method that rep16 resents the best and most accurate 

17 form of continuous, real-time fenceline 

18 monitoring; and 

19 (II) at least 1 method that rep20 resents the best and most accurate 

21 form of multimetal monitoring. 

22 (ii) UPDATES REQUIRED.—Not less 

23 frequently than once every 10 years, the 

24 Administrator shall review and, if nec25 essary, after public notice and comment, 


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1 strengthen or add new test methods that 

2 meet the requirements under clause (i), 

3 which shall be based on— 

4 (I) the best available monitoring 

5 technologies; and 

6 (II) the advice of staff of the En7 vironmental Protection Agency re8 sponsible for enforcement of this Act 

9 and other monitoring experts. 

10 (e) MONITOR PLACEMENT AND MAINTENANCE.— 

11 (1) IN GENERAL.—The Administrator shall, 

12 after public notice and comment, place and main13 tain, or ensure placement and regular maintenance 

14 of, all monitors required under this section to ensure 

15 effective and reliable emissions measurement pursu16 ant to this section. 

17 (2) MAINTENANCE CHECK.—The maintenance 

18 required under paragraph (1) shall include a mainte19 nance check of the monitor not less frequently than 

20 once every 180 days, unless— 

21 (A) the test method used by the monitor 

22 requires a maintenance check more frequently; 

23 or 

24 (B) a maintenance check is requested by a 

25 member of the public. 


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1 (3) PUBLIC INPUT.—The Administrator shall, 

2 after public notice and comment, create a process 

3 for the public— 

4 (A) to track the maintenance of monitors 

5 under this subsection; and 

6 (B) request a maintenance check of a mon7 itor. 

8 (f) REPORT.—Not later than 6 years after the date 

9 of enactment of this Act, and not less frequently than 

10 every 6 years thereafter, the Administrator shall submit 

11 to the Congress and post publicly on the website of the 

12 Environmental Protection Agency a report describing the 

13 results of the program carried out under subsection (a), 

14 which shall include— 

15 (1) the results of emissions measurement imple16 mented under that program; 

17 (2) any actions of the Administrator taken 

18 based on that emissions measurement data or pro19 gram; and 

20 (3) whether the Administrator proposes— 

21 (A) to continue emissions measurements at 

22 any or all of the stationary sources on the list 

23 published under subsection (c)(1); or 


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1 (B) to implement emissions measurements 

2 of any additional stationary sources as deter3 mined under subsection (g). 

4 (g) DETERMINATION REGARDING ADDITIONAL

5 SOURCES.—Not later than 6 years after the date of enact6 ment of this Act, and not less frequently than every 6 

7 years thereafter, the Administrator shall— 

8 (1) after public notice and comment, make a 

9 determination of whether to add or remove sources 

10 to the list published under subsection (c)(1)— 

11 (A) to ensure compliance of such sta12 tionary sources with existing emission stand13 ards under section 112 of the Clean Air Act (42 

14 U.S.C. 7412); 

15 (B) to prevent and detect accidental re16 leases; 

17 (C) to protect the health of the commu18 nities most exposed to the emissions of haz19 ardous air pollutants from such stationary 

20 sources to the greatest extent possible; or 

21 (D) to ensure the 100 highest-priority 

22 sources or facilities, based on the best available 

23 science and the most current data on health 

24 risks and impacts, have emissions measurement 


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1 systems in place for pollutants required to be 

2 monitored under this section; and 

3 (2) publish a determination under paragraph 

4 (1) in the Federal Register. 

5 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $146,000,000 for the period of fiscal years 2023 and 

8 2024. 

9 SEC. 4. COMMUNITY AIR TOXICS MONITORING. 

10 (a) REGULATIONS.—Not later than 2 years after the 

11 date of enactment of this Act, the Administrator shall pro12 mulgate regulations pursuant to authority provided by the 

13 Clean Air Act, which may include subsections (d), (f), and 

14 (r) of section 112, section 113, and section 114 of the 

15 Clean Air Act (42 U.S.C. 7412, 7413, 7414), for each 

16 source category described in subsection (b), that— 

17 (1) require all sources in the source category to 

18 implement, not later than 1 year after the promulga19 tion of the regulations, the best available form of 

20 emissions measurement, including continuous emis21 sions monitoring and fenceline monitoring, to ensure 

22 compliance with the emission standards for haz23 ardous air pollutants; 

24 (2) for facilities in the source category that are 

25 required to submit risk management plans under 


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1 section 112(r)(7) of that Act (42 U.S.C. 

2 7412(r)(7)), require each facility to implement— 

3 (A) continuous, real-time monitoring to 

4 provide for effective emergency response and 

5 provide information to prevent future releases; 

6 and 

7 (B) emissions measurement, including 

8 fenceline monitoring, to provide for effective 

9 emergency response and provide information to 

10 prevent future releases; 

11 (3) subject to subsection (e), establish a correc12 tive action level at the fenceline for at least the top 

13 3 hazardous air pollutants that drive the cancer, 

14 chronic non-cancer, or acute risk for the source cat15 egory; 

16 (4) if any applicable corrective action level 

17 under paragraph (3) is exceeded, require— 

18 (A) a root cause analysis; 

19 (B) full remedial action to resolve the ex20 ceedance and protect the most exposed or most 

21 vulnerable individuals potentially affected by 

22 the exceedance; and 

23 (C) a public report that a violation of the 

24 Clean Air Act (42 U.S.C. 7401 et seq.) has oc25 curred; and 


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1 (5) treat any requirement imposed by the regu2 lations under this section as a requirement under 

3 section 112 of the Clean Air Act (42 U.S.C. 7412) 

4 that is enforceable under section 113 of such Act 

5 (42 U.S.C. 7413). 

6 (b) SOURCE CATEGORIES.—The source categories de7 scribed in this subsection shall include— 

8 (1) each category or subcategory of major 

9 sources or area sources that— 

10 (A) contains— 

11 (i) at least 1 of the stationary sources 

12 of hazardous air pollutants that are on the 

13 list published under section 3(c); 

14 (ii) major sources or area sources 

15 identified in the most recent National 

16 Emissions Inventory of the Environmental 

17 Protection Agency as emitting a pollutant 

18 described in section 3(c)(3); 

19 (iii) petroleum, chemical, petro20 chemical, or plastics manufacturing 

21 sources, marine vessel loading operations, 

22 or other sources that are classified in 1 or 

23 more of North American Industry Classi24 fication System codes 322, 324, 325, 326, 

25 331, 332, 339, 424, and 562; or 


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1 (iv) any other major source of fugitive 

2 hazardous air pollutant emissions for 

3 which the Environmental Protection Agen4 cy is subject to a court-ordered or statu5 tory deadline, engaged in a reconsideration 

6 proceeding, or subject to a court remand 

7 (or is likely within the 2-year period begin8 ning on the date of enactment of this Act 

9 to become subject to such an obligation or 

10 action) to review and determine whether to 

11 revise the emissions standards that apply 

12 to that major source; or 

13 (B) contains any stationary source that— 

14 (i) is regulated under section 

15 112(r)(7) of the Clean Air Act (42 U.S.C. 

16 7412(r)(7)); and 

17 (ii) has had an accidental release or 

18 incident that is required to be reported 

19 during the previous 5-year period under 

20 such section 112(r) (42 U.S.C. 7412(r)) 

21 and the regulations thereunder; and 

22 (2) any other source category for which the Ad23 ministrator determines that requiring fenceline mon24 itoring would benefit public health or welfare. 


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1 (c) DETERMINATION OF BEST AVAILABLE FORM OF

2 MONITORING.— 

3 (1) IN GENERAL.—The Administrator, in con4 sultation with the Office of Air and Radiation, the 

5 Office of Enforcement and Compliance Assurance, 

6 the Office of Environmental Justice, and the Office 

7 of Research and Development, shall, for purposes of 

8 the regulations promulgated pursuant to subsection 

9 (a)— 

10 (A) determine the best available form of 

11 emissions measurement, including continuous 

12 emissions monitoring and fenceline monitoring; 

13 and 

14 (B) ensure the methods required under the 

15 regulations are at least as stringent as the most 

16 current Environmental Protection Agency-ap17 proved or promulgated emission test or moni18 toring method, including Methods 325A, 325B, 

19 and TO–15 (or the most current and best avail20 able version of such methods approved or pro21 mulgated by the Environmental Protection 

22 Agency). 

23 (2) REQUIREMENT.—In carrying out paragraph 

24 (1)(B), the Administrator shall ensure that 1 or 

25 more of the methods described in or promulgated 


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1 under section 3 or subsection (d) (including 

2 multimetal monitoring) is included in the regulations 

3 promulgated pursuant to subsection (a) if that 

4 method is the best available method for 1 or more 

5 of the pollutants for which monitoring is required 

6 under this section. 

7 (d) METHODS AND TECHNOLOGIES.— 

8 (1) IN GENERAL.—For all stationary sources in 

9 the source categories described in subsection (b), as 

10 the best available fenceline monitoring method for 

11 those source categories, the Administrator may, in 

12 the regulations promulgated pursuant to subsection 

13 (a)— 

14 (A) require application, implementation, or 

15 employment of optical remote sensing tech16 nology to provide real-time measurements of air 

17 pollutant concentrations along an open-path; or 

18 (B) provide an explanation of why applica19 tion, implementation, or employment of 1 or 

20 more of the technologies described in subpara21 graph (A) is not necessary— 

22 (i) to ensure compliance with the 

23 emission standards established under the 

24 regulations promulgated pursuant to sub25 section (d), (f), or (r) of section 112 of the 


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1 Clean Air Act (42 U.S.C. 7412), as appli2 cable; or 

3 (ii) to protect the public health, to 

4 prevent accidental releases, or to provide 

5 for effective emergency response. 

6 (2) MULTIPLE-SOURCE OR FACILITY COM7 PLEXES.— 

8 (A) DEFINITION OF MULTIPLE-SOURCE OR

9 FACILITY COMPLEX.—In this paragraph, the 

10 term ‘‘multiple-source or facility complex’’ 

11 means 1 or more stationary sources co-located 

12 at the same site. 

13 (B) MULTIPLE-SOURCE OR FACILITY COM14 PLEX MONITORING.—In the regulations promul15 gated pursuant to subsection (a), the Adminis16 trator shall ensure that the best available form 

17 of monitoring for a multiple-source or facility 

18 complex that contains not less than 2 stationary 

19 sources in 1 or more of North American Indus20 try Classification System codes 324, 325, and 

21 326, or a related chemical or petrochemical sec22 tor, may be at least a combination of— 

23 (i) real-time, open-path monitoring; 

24 and 

25 (ii) Method 325A and Method 325B. 


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1 (C) REQUIREMENT.—In carrying out sub2 paragraph (B), the Administrator may consider 

3 whether any other multiple-source or facility 

4 complexes should be required to employ the 

5 combined monitoring methods described in that 

6 subparagraph. 

7 (e) PRECAUTIONARY APPROACH.—In promulgating 

8 the corrective action level for each of the hazardous air 

9 pollutants described in subsection (a)(3), the Adminis10 trator shall— 

11 (1) consider the best available science; 

12 (2) take a precautionary approach to ensure 

13 that the owner or operator of the source or facility 

14 reduces the emissions of the source or facility to pre15 vent harm if the measured concentration at the 

16 fenceline would, or is likely to— 

17 (A) increase harm to public health or safe18 ty (including through an increased health risk); 

19 or 

20 (B) reach a level that may result in short21 term, long-term, or chronic human exposure to 

22 air pollution (including any fetal exposure that 

23 begins in utero) that increases the risk of— 


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1 (i) health harms resulting from odors, 

2 irritation, sensitizing effects, or any com3 bination of those harms; 

4 (ii) disease (including cancer and 

5 other illnesses); or 

6 (iii) death; and 

7 (3) take into account the aggregate and cumu8 lative emissions and health risks from the facility, 

9 including multiple source categories, as applicable, to 

10 ensure full health protection from the entire facility. 

11 (f) MAINTENANCE AND PUBLIC REPORTING.— 

12 (1) IN GENERAL.—In the regulations promul13 gated under subsection (a), the Administrator shall 

14 ensure that— 

15 (A) the owners or operators of sources sub16 ject to the requirements of this section— 

17 (i) perform regular inspections and 

18 maintenance of all measured equipment re19 quired under this section; and 

20 (ii) submit regular reports to the Ad21 ministrator that— 

22 (I) include the measured emis23 sions data collected by that emissions 

24 measurement equipment; 


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1 (II) describe the status of that 

2 measurement equipment; and 

3 (III) contain a detailed expla4 nation of the circumstances sur5 rounding a delay in collecting or miss6 ing data; 

7 (B) the emissions measurement system re8 quired under this section is continuous and 

9 yields reliable data not less than 95 percent of 

10 the time, without any regulatory exemption or 

11 extension; and 

12 (C) any problem with the fenceline moni13 toring equipment required under this section is 

14 repaired within 2 days of discovering the prob15 lem. 

16 (2) VIOLATION.—In the regulations promul17 gated under subsection (a), the Administrator 

18 shall— 

19 (A) require the owner or operator of a sta20 tionary source subject to such regulations to re21 port, with respect to such source, at least semi22 annually— 

23 (i) all exceedances of any corrective 

24 action level; and 


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1 (ii) all corrective action planned and 

2 taken; and 

3 (B) for purposes of imposing penalties, 

4 treat each day on which a violation of a report5 ing requirement under subparagraph (A) con6 tinues as a separate violation. 

7 (3) PUBLIC REPORTING.— 

8 (A) IN GENERAL.—The Administrator 

9 shall make available on the website of the Envi10 ronmental Protection Agency, in an accessible 

11 format that includes multiple languages— 

12 (i) all emissions measurement plans 

13 and reports required under this section; 

14 (ii) all emissions measurement data 

15 collected by monitoring equipment required 

16 under this section; and 

17 (iii) an option to sign up for commu18 nity-wide or source-specific alerts that alert 

19 the user if the emissions concentrations 

20 measured pursuant to clause (i) or (ii), as 

21 applicable, exceed— 

22 (I) a health reference level of the 

23 Administrator; 

24 (II) a health reference level ap25 proved by the Administrator; or 


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1 (III) the applicable corrective ac2 tion level under subsection (a)(3). 

3 (B) PUBLIC NOTICE AND COMMENT.—The 

4 Administrator shall provide notice and receive 

5 public comment on the format and accessibility 

6 of the information required under subparagraph 

7 (A). 

8 (C) PUBLICATION.—The Administrator 

9 shall publicize the information required under 

10 subparagraph (A) in each community that con11 tains a source regulated under this section 

12 through not less than 2 of the most widely 

13 viewed local media formats for members of that 

14 community that live nearest the regulated 

15 source. 

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $50,000,000 for the period of fiscal years 2023 and 2024. 

19 SEC. 5. NAAQS MONITORING NETWORK. 

20 (a) DEPLOYMENT OF NCORE MULTIPOLLUTANT

21 MONITORING STATIONS.—The Administrator shall re22 quire the deployment of 80 additional NCore multipollut23 ant monitoring stations. 

24 (b) DEADLINE.—Not later than 3 years after the 

25 date of enactment of this Act, the Administrator shall enVerDate Sep 11 2014 23:05 Jul 13, 2022 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S4510.IS S4510

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1 sure that all NCore multipollutant monitoring stations re2 quired to be deployed under subsection (a) are— 

3 (1) installed and integrated into the air quality 

4 monitoring system established pursuant to sections 

5 110(a)(2)(B) and 319 of the Clean Air Act (42 

6 U.S.C. 7410(a)(2)(B), 7619); and 

7 (2) after installation, operated and maintained 

8 on a continuing basis. 

9 (c) MONITORING RESULTS.—Monitoring results from 

10 NCore multipollutant stations deployed pursuant to sub11 section (a) shall be used for— 

12 (1) assessments of the compliance of areas with 

13 national ambient air quality standards; 

14 (2) integrated science assessments in reviews of 

15 national ambient air quality standards promulgated 

16 under section 109 of the Clean Air Act (42 U.S.C. 

17 7409); 

18 (3) evaluating disparities of pollution exposures 

19 within metropolitan areas; and 

20 (4) such other purposes as the Administrator 

21 determines will promote the protection of public 

22 health from air pollution. 

23 (d) LOCATIONS.— 

24 (1) VULNERABLE POPULATIONS.—The Admin25 istrator shall ensure that not less than 40 of the 


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1 NCore multipollutant monitoring stations required 

2 under subsection (a)— 

3 (A) are not limited to metropolitan statis4 tical areas with populations of 50,000 or great5 er; and 

6 (B) are sited in census tracts that each 

7 meet 1 or more of the following criteria, with 

8 the specific site selected consistent with Appen9 dix D to part 58 of title 40, Code of Federal 

10 Regulations (as in effect on the date of enact11 ment of this Act): 

12 (i) The rates of childhood asthma, 

13 adult asthma, chronic obstructive pul14 monary disease, heart disease, or cancer 

15 are at least 5 percent higher than the na16 tional average for that condition in the 

17 census tract. 

18 (ii) The percentage of people living 

19 below the poverty level, that are above age 

20 18 without a high school diploma, or that 

21 are unemployed, is higher than the na22 tional average in the census tract. 

23 (iii) Two or more major sources (as 

24 defined in section 501 of the Clean Air Act 

25 (42 U.S.C. 7661)) are located within the 


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1 census tract or adjacent census tracts com2 bined. 

3 (iv) There is a higher-than-national4 average population in the census tract of 

5 vulnerable or sensitive individuals who may 

6 be at greater risk than the general popu7 lation of adverse health effects from expo8 sure to 1 or more air pollutants for which 

9 national ambient air quality standards 

10 have been established pursuant to section 

11 109 of the Clean Air Act (42 U.S.C. 

12 7409). 

13 (2) SITING DETERMINATIONS.—In determining 

14 and approving sites for NCore multipollutant moni15 toring stations required under subsection (a), the 

16 Administrator shall— 

17 (A) invite proposals from or on behalf of 

18 residents of any community for the siting of the 

19 stations in that community, which may include 

20 inviting proposals through regional or virtual 

21 meetings; 

22 (B) prioritize siting of the stations in cen23 sus tracts or counties that the Administrator 

24 determines should be prioritized for siting based 

25 on— 


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1 (i) the potential for the levels of 1 or 

2 more air pollutants to be monitored by the 

3 stations to reach or exceed the level of the 

4 applicable national ambient air quality 

5 standard established pursuant to section 

6 109 of the Clean Air Act (42 U.S.C. 

7 7409); 

8 (ii) the number of people who live, 

9 work, or recreate in the area or areas for 

10 which monitoring by the stations is reason11 ably anticipated to be representative with 

12 respect to air quality and the proportion of 

13 those people who are at higher risk than 

14 the general population of adverse health ef15 fects from the air pollutants monitored; 

16 (iii) the lack or inadequacy of existing 

17 air quality monitors for providing rep18 resentative air quality data for the affected 

19 area or areas for the pollutants to be 

20 measured by the station; and 

21 (iv) the current designation of the 

22 area in which the monitoring station would 

23 be located as unclassifiable or in attain24 ment for 1 or more of the pollutants to be 

25 monitored by that station; and 


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1 (C) prior to making siting determina2 tions— 

3 (i) provide public notice of proposed 

4 siting locations— 

5 (I) in the Federal Register; 

6 (II) by email to persons who have 

7 requested notice of proposed siting de8 terminations; 

9 (III) by news release; and 

10 (IV) by posting on the public 

11 website of the Environmental Protec12 tion Agency; and 

13 (ii) provide an opportunity for public 

14 comment for not less than 30 days after 

15 the date of publication of the notice re16 quired under clause (i) in the Federal Reg17 ister. 

18 (3) RELIANCE ON HYBRID METHODS.—In de19 termining under paragraph (2)(B)(i) the potential 

20 for an air pollutant to reach or exceed the level of 

21 the applicable standard, the Administrator may rely 

22 on hybrid methods that combine information from 

23 multiple sources, including monitors, sensors, mod24 eling, and satellites. 

25 (e) ADDITIONAL AMBIENT MONITORS.— 


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1 (1) IN GENERAL.—The Administrator shall de2 ploy not fewer than 100 Federal reference method 

3 monitors or Federal equivalent method monitors for 

4 1 or more air pollutants for which national ambient 

5 air quality standards have been established pursuant 

6 to section 109 of the Clean Air Act (42 U.S.C. 

7 7409) in areas— 

8 (A) that are unmonitored or undermon9 itored, as determined by the Administrator; and 

10 (B) within which the Administrator deter11 mines, after public notice and comment, that 

12 adding those monitors is warranted— 

13 (i) to detect whether the area is in 

14 nonattainment of the applicable national 

15 ambient air quality standards; and 

16 (ii) to improve the publicly available 

17 data on air quality for 1 or more of those 

18 air pollutants (or precursors to those air 

19 pollutants). 

20 (2) SITING DETERMINATIONS.—In approving 

21 sites for new Federal reference method monitors or 

22 Federal equivalent method monitors required under 

23 this subsection, the Administrator shall prioritize 

24 siting of the stations in census tracts or counties in 

25 accordance with subsection (d)(2)(B). 


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1 (3) RELATION TO PREVIOUSLY DEPLOYED OR

2 PLANNED MONITORS.—The Federal reference meth3 od monitors required under this subsection shall be 

4 in addition to, and not in lieu of, any monitors al5 ready deployed or planned for deployment by the 

6 Administrator, any State, any other governmental 

7 entity, or any other entity prior to the date of enact8 ment of this Act. 

9 (f) REPORT.—Not later than 2 years after the date 

10 of enactment of this Act, the Administrator shall— 

11 (1) in coordination with the States, complete an 

12 assessment, which includes public input, on the sta13 tus of all ambient air quality monitors that are part 

14 of Federal, State, or local networks and used for de15 termining compliance with national ambient air 

16 quality standards; and 

17 (2) submit to Congress and make available on 

18 the public website of the Environmental Protection 

19 Agency a report that includes— 

20 (A) a list of all monitors identified under 

21 paragraph (1); and 

22 (B) a schedule and plan to restore or re23 place all monitors included in the list under 

24 subparagraph (A) to full operation not later 

25 than 16 months of the date of enactment of 


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1 this Act, except that the schedule and plan shall 

2 not apply to monitors— 

3 (i) that have been discontinued in ac4 cordance with section 58.14(c) of title 40, 

5 Code of Federal Regulations (as in effect 

6 on the date of enactment of this Act); and 

7 (ii)(I) for which such discontinuation 

8 is not subject to a judicial challenge; or 

9 (II) for which a judicial challenge de10 scribed in subclause (I) has been fully re11 solved by a settlement or order that au12 thorizes discontinuation of such monitor. 

13 (g) DESIGNATIONS.—Not later than 2 years after the 

14 date on which data is received from a monitor sited pursu15 ant to this section that demonstrates that an area that 

16 is designated pursuant to section 107(d)(1) of the Clean 

17 Air Act (42 U.S.C. 7407(d)(1)) by the Administrator as 

18 in attainment or unclassifiable for an air pollutant is in 

19 violation of the applicable national ambient air quality 

20 standard, the Administrator shall redesignate pursuant to 

21 section 107(d)(3) of such Act (42 U.S.C. 7407(d)(3)) that 

22 area as in nonattainment for that pollutant unless the des23 ignation is otherwise precluded under this Act. 

24 (h) SATELLITE MONITORING.— 

25 (1) SATELLITE MONITORING DATA.— 


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1 (A) PROVISION OF SATELLITE DATA.—The 

2 Administrator may consult with the Adminis3 trator of the National Aeronautics and Space 

4 Administration regarding data from the sat5 ellites of the National Aeronautics and Space 

6 Administration for use in calculating design val7 ues under any national ambient air quality 

8 standards for PM10 and PM2.5. 

9 (B) REGULATIONS REQUIRED.—The Ad10 ministrator may promulgate regulations to 

11 specify procedures (including any modeling 

12 techniques) for using data described in subpara13 graph (A) in combination with information from 

14 multiple sources, including monitors and mod15 eling, to calculate the expected number of 

16 exceedances per year and the design values for 

17 PM10 and PM2.5 for purposes of determining 

18 compliance or noncompliance with the national 

19 ambient air quality standards for those pollut20 ants. 

21 (2) NATIONAL ACADEMY OF SCIENCES RE22 PORT.— 

23 (A) IN GENERAL.—The Administrator may 

24 enter into an arrangement with the National 

25 Academy of Sciences under which the National 


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1 Academy of Sciences agrees to submit a report 

2 that describes the actions necessary, including 

3 new science and satellite assets to enable the 

4 contribution of satellite monitoring to the cal5 culation of design values and nonattainment de6 terminations under any national ambient air 

7 quality standards for ozone, oxides of nitrogen, 

8 and oxides of sulfur established pursuant to 

9 section 109 of the Clean Air Act (42 U.S.C. 

10 7409). 

11 (B) REGULATIONS REQUIRED.— 

12 (i) IN GENERAL.—Not later than De13 cember 31, 2023, the Administrator, in co14 ordination with the Administrator of the 

15 National Aeronautics and Space Adminis16 tration and the Administrator of the Na17 tional Oceanic and Atmospheric Adminis18 tration, shall promulgate regulations that 

19 provide a plan for the use of satellite moni20 toring data in calculating design values for 

21 the pollutants described in subparagraph 

22 (A). 

23 (ii) REQUIREMENT.—Not later than 

24 January 1, 2027, the Administrator shall 

25 implement the plan required by clause (i) 


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1 and provide for use of satellite data in cal2 culating design values for the pollutants 

3 described in subparagraph (A). 

4 (3) DEFINITION.—For purposes of this sub5 section, the term ‘‘design value’’ means, for each 

6 pollutant, the air quality statistic the Administrator 

7 defines in part 50 (including appendices) of title 40, 

8 Code of Federal Regulations, for comparison with 

9 the relevant national ambient air quality standard 

10 established under section 109 of the Clean Air Act 

11 (42 U.S.C. 7409), regardless of whether the regula12 tion (including appendices) in part 50 of title 40, 

13 Code of Federal Regulations, uses the term ‘‘design 

14 value’’. 

15 (i) MONITORING PLANS.—Notwithstanding any other 

16 provision of law, the Administrator may not approve a 

17 State monitoring plan under section 58.10 of title 40, 

18 Code of Federal Regulations (or successor regulations), 

19 unless— 

20 (1) the State provided, with respect to the State 

21 monitoring plan— 

22 (A) public notice; 

23 (B) not less than 45 days for public com24 ment; and 

25 (C) an opportunity for public hearing; and 


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1 (2) the Administrator— 

2 (A) proposes in the Federal Register to ap3 prove or disapprove of the State monitoring 

4 plan; 

5 (B) provides not less than 45 days for pub6 lic comment on the proposal described in sub7 paragraph (A); and 

8 (C) publishes in the Federal Register the 

9 final action on the proposal described in sub10 paragraph (A). 

11 (j) FUNDING.— 

12 (1) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this section $75,000,000 for fiscal year 2023. 

15 (2) USES.—The Administrator— 

16 (A) may use the amounts made available 

17 to carry out this section— 

18 (i) to directly deploy new or replace19 ment NCore multipollutant monitoring sta20 tions required under subsection (a); or 

21 (ii) to make grants under section 103 

22 or 105 of the Clean Air Act (42 U.S.C. 

23 7403, 7405) to State and local govern24 ments for deployment and operation of the 


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1 NCore multipollutant monitoring stations 

2 required under subsection (a); and 

3 (B) shall use not less than 5 percent, but 

4 not more than 10 percent, of the amounts made 

5 available to carry out this section to perform 

6 the maintenance and repairs necessary to re7 store to operation NCore multipollutant moni8 toring stations that are— 

9 (i) as of the date of enactment of this 

10 Act, nonoperational; and 

11 (ii) located in areas that are des12 ignated as in nonattainment of national 

13 ambient air quality standards under sec14 tion 109 of the Clean Air Act (42 U.S.C. 

15 7409) for ozone or particulate matter. 

16 SEC. 6. SENSOR MONITORING. 

17 (a) DEPLOYMENT OF AIR QUALITY SENSORS.— 

18 (1) IN GENERAL.—Not later than 2 years after 

19 the date of enactment of this Act, the Adminis20 trator— 

21 (A) shall deploy, in accordance with the 

22 prioritization criteria described in section 

23 5(d)(2), not fewer than 1,000 air quality sen24 sors, each of which shall cost not more than 

25 $5,000; 


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1 (B) shall deploy such air quality sensors in 

2 clusters of not fewer than 5 in each of the cen3 sus tracts or counties selected; 

4 (C) before determining and approving sites 

5 for such air quality sensors, shall invite, 

6 through public notice and other means designed 

7 to reach communities disproportionately im8 pacted by air pollution, proposals from or on 

9 behalf of residents of any community for the 

10 sites; and 

11 (D) may contract with State and local air 

12 pollution control agencies to conduct sensor 

13 monitoring and report the results. 

14 (2) REQUIREMENT.—In carrying out paragraph 

15 (1), the Administrator shall select sensors for de16 ployment that— 

17 (A) are available on the market at the time 

18 of purchase; 

19 (B) the Administrator determines will pro20 vide data of sufficient accuracy to provide a 

21 reasonable basis for determining whether the lo22 cation in which the sensor is sited is or may be 

23 at risk of exceeding the applicable national am24 bient air quality standard established pursuant 


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1 to section 109 of the Clean Air Act (42 U.S.C. 

2 7409); and 

3 (C) are the lowest cost available that meet 

4 the criteria of subparagraph (B). 

5 (3) EXCEPTION TO COST LIMITATION.—Not6 withstanding paragraph (1), if the Administrator de7 termines in writing that a sensor model to measure 

8 a particular pollutant is not available on the market 

9 at a price at or below $5,000 each, the Adminis10 trator may spend an amount above $5,000 to ac11 quire such sensor model so long as the Adminis12 trator complies with subparagraphs (B) and (C) of 

13 paragraph (2). 

14 (b) POLLUTANTS.— 

15 (1) IN GENERAL.—Each air quality sensor de16 ployed pursuant to subsection (a) shall measure 

17 ozone, PM2.5, oxides of nitrogen, or sulfur dioxide. 

18 (2) DETERMINATION.—The Administrator shall 

19 determine which pollutant or air pollutants an air 

20 quality sensor deployed pursuant to subsection (a) 

21 shall monitor based on the pollution sources affect22 ing the area in which the sensor is to be deployed. 

23 (c) DETERMINATION AND INSTALLATION.— 

24 (1) IN GENERAL.—Not later than 18 months 

25 after the date on which an air quality sensor deVerDate Sep 11 2014 23:05 Jul 13, 2022 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S4510.IS S4510

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1 ployed pursuant to subsection (a) has been moni2 toring air quality data for 1 year, the Administrator 

3 shall determine whether data from the air quality 

4 sensors deployed in the applicable census tract or 

5 county shows air pollution levels over the 1-year pe6 riod ending on the date of the determination that 

7 reached 98 percent of the level of the national ambi8 ent air quality standard under section 109 of the 

9 Clean Air Act (42 U.S.C. 7409) for any air pollut10 ant. 

11 (2) REQUIREMENT.—If the Administrator 

12 makes a determination under paragraph (1) that an 

13 air pollutant described in subsection (b)(1) met the 

14 threshold described in that paragraph, the Adminis15 trator shall, not later 180 days after the date of the 

16 determination, ensure that Federal reference method 

17 monitors or Federal equivalent method monitors are 

18 installed and in operation within that census tract or 

19 county for each pollutant that met the threshold. 

20 (3) EXCEPTIONS.—The Administrator shall 

21 waive the requirement of paragraph (2) if the Ad22 ministrator finds, within the 180-day period de23 scribed in such paragraph, and after providing no24 tice and an opportunity for public comment, that 

25 based on clear and convincing evidence— 


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1 (A) the measurements from the sensor or 

2 sensors supporting the determination described 

3 in paragraph (2) were so inaccurate as to pro4 vide no reasonable basis for finding that levels 

5 of the relevant pollutant reached 98 percent of 

6 the level of the national ambient air quality 

7 standard under section 109 of the Clean Air 

8 Act (42 U.S.C. 7409) for the relevant pollutant; 

9 or 

10 (B) complementary data, such as informa11 tion on the ambient matric, meteorology, meas12 urements from other nearby sensors or ambient 

13 monitors, modeling, satellite data, or other rel14 evant and reliable information, demonstrate 

15 that levels of the relevant pollutant could not 

16 have plausibly reached 98 percent of the level of 

17 such standard. 

18 (d) REPORT.—Not later than 1 year after the date 

19 of enactment of this Act, and not less frequently than 

20 every 6 years thereafter, the Administrator shall report 

21 on additional areas of decision-making where data from 

22 low-cost air quality sensors may be relevant and useful. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $6,000,000. 


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1 SEC. 7. DATA REQUIREMENT. 

2 To the extent practicable, the Administrator shall in3 tegrate the data collected through the programs estab4 lished under this Act into the EJSCREEN mapping tool 

5 of the Environmental Protection Agency or a relevant, 

6 similar mapping and screening tool. 

Æ 


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