II 

116TH CONGRESS 

2D SESSION S. 4369 

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 immediate toxic air monitoring at 

the fenceline of facilities with pollution linked to local health threats; 

to ensure the Environmental Protection Agency promulgates rules that 

require fenceline air monitoring in communities with air polluting 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 29, 2020 

Ms. DUCKWORTH (for herself, Mr. BOOKER, Ms. WARREN, Mr. MERKLEY, Mr. 

MARKEY, and Mr. DURBIN) 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 immediate toxic air monitoring at the fenceline 

of facilities with pollution linked to local health threats; 

to ensure the Environmental Protection Agency promulgates rules that require fenceline air monitoring in communities with air polluting 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. 


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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 2020’’. 

6 SEC. 2. HEALTH EMERGENCY AIR TOXICS MONITORING. 

7 (a) MONITORING.—Not later than 120 days after the 

8 date of enactment of this Act, the Administrator shall 

9 carry out a program to administer or conduct, pursuant 

10 to authority provided under the Clean Air Act (42 U.S.C. 

11 7401 et seq.), including section 114 of such Act (42 

12 U.S.C. 7414), the best available form of fenceline moni13 toring of stationary sources of hazardous air pollutants 

14 that are on the list developed under subsection (c). 

15 (b) PUBLICATION OF RESULTS.—The Administrator 

16 shall publish and maintain the results of all fenceline mon17 itoring conducted under the program under subsection (a) 

18 on the website of the Environmental Protection Agency 

19 for a period of at least 5 years. 

20 (c) LIST OF SOURCES.— 

21 (1) DEVELOPMENT.—The Administrator shall 

22 develop a list of stationary sources of hazardous air 

23 pollutants that includes— 

24 (A) the 25 high-priority facilities listed in 

25 Appendix A of the Environmental Protection 


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1 Agency’s Office of Inspector General Report 

2 #20–N–0128 (March 31, 2020); and 

3 (B) at least another 25 major sources or 

4 synthetic area sources. 

5 (2) REQUIREMENTS.—The Administrator may 

6 include a stationary source on the list developed 

7 under paragraph (1) only if the source— 

8 (A) emits at least one of the pollutants de9 scribed in paragraph (3); 

10 (B) is— 

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

12 census tract with— 

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

14 in-1 million; or 

15 (II) a chronic non-cancer hazard 

16 index that is above 1 based on the 

17 most recent National Air Toxics As18 sessment; or 

19 (ii) in a source category with— 

20 (I) a cancer risk that is at least 

21 50-in-1 million; 

22 (II) a total organ-specific hazard 

23 index for chronic non-cancer risk that 

24 is greater than 1; or 


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1 (III) an acute risk hazard 

2 quotient that is greater than 1; and 

3 (C) is— 

4 (i) classified in one or more of North 

5 American Industry Classification System 

6 codes 322, 324, 325; or 

7 (ii) required to prepare and implement 

8 a risk management plan pursuant to sec9 tion 112(r) of the Clean Air Act (42 

10 U.S.C. 7412(r)) and had an accidental re11 lease required to be reported during the 

12 previous 3 years pursuant to section 68.42 

13 or 68.195 of title 40 Code of Federal Reg14 ulations (as in effect on the date of enact15 ment of this Act). 

16 (3) POLLUTANTS.—The pollutants described in 

17 this paragraph are ethylene oxide, chloroprene, ben18 zene, 1,3-butadiene, and formaldehyde. 

19 (d) METHODS AND TECHNOLOGIES.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), in carrying out the program under sub22 section (a), the Administrator shall— 

23 (A) for each stationary source on the list 

24 developed under subsection (c)(1), employ, as 

25 necessary to monitor the pollutants described in 


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1 subsection (c)(3) emitted by such stationary 

2 source, at least— 

3 (i) Method 325A and Method 325B; 

4 and 

5 (ii) Method TO–15; and 

6 (B) for each of the 10 stationary sources 

7 on such list that either emit the greatest volume 

8 of pollutants described in subsection (c)(3), or 

9 cause the greatest health risk as determined by 

10 the Administrator based on a residual risk as11 sessment performed pursuant to section 

12 112(f)(2) of the Clean Air Act (42 U.S.C. 

13 7412(f)(2)) or based on the most recent Na14 tional Air Toxics Assessment due to such emis15 sions individually, as a group, or cumulatively 

16 with all hazardous air pollutants emitted by 

17 such sources, and for any other stationary 

18 source on such list for which application of the 

19 methods described in subparagraph (A) alone 

20 will not be sufficient to monitor and report any 

21 such pollutants that are emitted by such sta22 tionary source, employ— 

23 (i) optical remote sensing technology 

24 to provide real-time measurements of air 


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1 pollutant concentrations along an open2 path; or 

3 (ii) other monitoring technology with 

4 the ability to provide real-time spatial and 

5 temporal data to understand the type and 

6 amount of emissions. 

7 (2) UPDATES.— 

8 (A) METHOD 325A AND METHOD 325B.—If 

9 the Administrator determines it necessary to 

10 update Method 325A and Method 325B to im11 plement this section, the Administrator shall 

12 update such Method 325A and Method 325B 

13 not later than 90 days after the date of enact14 ment of this Act. 

15 (B) NEW TEST METHOD.—If the Adminis16 trator determines it necessary to approve a new 

17 test method to implement this section, the Ad18 ministrator shall finalize such a method not 

19 later than 1 year after the date of enactment of 

20 this Act. 

21 (e) REPORT.—Not later than 18 months after the 

22 date of enactment of this Act, the Administrator shall re23 port on the results of the program carried out under sub24 section (a), including— 


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1 (1) the results of fenceline monitoring imple2 mented under the program under subsection (a); 

3 (2) any enforcement, regulatory, or permitting 

4 actions taken based on such fenceline monitoring; 

5 and 

6 (3) whether the Administrator proposes to con7 tinue fenceline monitoring at any or all of the sta8 tionary sources on the list developed under sub9 section (c)(1), or to implement fenceline monitoring 

10 of any additional stationary sources as determined 

11 under subsection (f). 

12 (f) DETERMINATION REGARDING ADDITIONAL

13 SOURCES.—Not later than 3 months before the program 

14 under subsection (a) terminates, the Administrator shall 

15 make a determination, and publish such determination in 

16 the Federal Register, on whether to add fenceline moni17 toring for any stationary sources to— 

18 (1) ensure compliance of such stationary 

19 sources with existing emission standards under sec20 tion 112 of the Clean Air Act (42 U.S.C. 7412); 

21 (2) prevent accidental releases; or 

22 (3) protect the health of the communities most 

23 exposed to the emissions of hazardous air pollutants 

24 from such stationary sources to the greatest extent 

25 possible. 


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1 (g) DETERMINATION REGARDING EMISSION FAC2 TORS.—Not later than 3 months before the program 

3 under subsection (a) terminates, the Administrator shall 

4 complete an evaluation and promulgate a determination 

5 whether any existing emission factors must be updated to 

6 better reflect or account for the results of fenceline moni7 toring data collected pursuant to Method 325A or 325B 

8 or the program under subsection (a). 

9 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $73,000,000 for fiscal year 2021. 

12 SEC. 3. COMMUNITY AIR TOXICS MONITORING. 

13 (a) REGULATIONS.—Not later than one year after the 

14 date of enactment of this Act, the Administrator shall pro15 mulgate regulations pursuant to section 112(d) of the 

16 Clean Air Act (42 U.S.C. 7412(d)) for each source cat17 egory described in subsection (b), that— 

18 (1) require all sources in such source category 

19 to implement the best available form of continuous 

20 emissions monitoring and fenceline monitoring to as21 sure compliance with the emission standards for haz22 ardous air pollutants; 

23 (2) for facilities in such source category that 

24 are required to submit risk management plans under 

25 section 112(r) of the Clean Air Act, to prevent acciVerDate Sep 11 2014 20:08 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4369.IS S4369

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1 dental releases and provide for effective emergency 

2 response; 

3 (3) establish a corrective action level at the 

4 fenceline for at least the top 3 hazardous air pollut5 ants that drive the cancer, chronic non-cancer, or 

6 acute risk for the source category; and 

7 (4) require a root cause analysis and con8 sequences if such corrective action level is exceeded. 

9 (b) SOURCE CATEGORIES.—The source categories de10 scribed in this subsection shall include each category or 

11 subcategory of major sources or area sources containing— 

12 (1) at least one of the stationary sources of 

13 hazardous air pollutants that are on the list devel14 oped under section 2(c); 

15 (2) major sources or area sources identified in 

16 the most recent National Emissions Inventory of the 

17 Environmental Protection Agency as emitting ethyl18 ene oxide, chloroprene, 1–3 butadiene, benzene, or 

19 formaldehyde; 

20 (3) chemical, petrochemical, or plastics manu21 facturing sources or marine vessel loading oper22 ations; and 

23 (4) any other major sources of fugitive haz24 ardous air pollutant emissions for which the Envi25 ronmental Protection Agency is subject to a courtVerDate Sep 11 2014 20:08 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4369.IS S4369

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1 ordered or statutory deadline, engaged in a reconsid2 eration proceeding, or subject to a court remand to, 

3 not later than 2 years after the date of enactment 

4 of this Act, review and determine whether to revise 

5 the emissions standards that apply to such sources. 

6 (c) DETERMINATION OF BEST AVAILABLE FORM OF

7 MONITORING.—The Administrator, in consultation with 

8 the Office of Air Quality Planning and Standards, the Of9 fice of Enforcement and Compliance Assurance, and the 

10 Office of Environmental Justice, shall, for purposes of the 

11 regulations promulgated pursuant to subsection (a), deter12 mine the best available form of continuous emissions mon13 itoring and fenceline monitoring and shall ensure the 

14 methods required are at least as stringent as Method 

15 325A and Method 325B. 

16 (d) METHODS AND TECHNOLOGIES.—For all sta17 tionary sources in the source categories under subsection 

18 (b), the Administrator shall, in the regulations promul19 gated pursuant to subsection (a)— 

20 (1) require application, implementation, or em21 ployment of— 

22 (A) Method TO–15 or optical remote sens23 ing technology to provide real-time measure24 ments of air pollutant concentrations along an 

25 open-path; or 


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1 (B) other monitoring technology with the 

2 ability to provide real-time spatial and temporal 

3 data to understand the type and amount of 

4 emissions; or 

5 (2) provide an explanation of why application of 

6 Method TO–15 or the technologies described in 

7 paragraph (1) is not necessary— 

8 (A) to assure compliance with the emission 

9 standards established under the regulations 

10 promulgated pursuant to subsections (d) and 

11 (f) of section 112 of the Clean Air Act (42 

12 U.S.C. 7412), as applicable; or 

13 (B) to protect the public health. 

14 (e) PRECAUTIONARY APPROACH.—In promulgating 

15 the corrective action level for each of the hazardous air 

16 pollutants described in subsection (a)(3), the Adminis17 trator shall take a precautionary approach to ensure that, 

18 if the monitored concentration at the fenceline hits a level 

19 that has potential to cause any person to experience im20 paired quality of life, become ill, or die from cancer or 

21 any other chronic or acute health impairment related to 

22 short- or long-term air pollution exposure (including any 

23 fetal exposure that begins in utero), that the facility must 

24 reduce its emissions to prevent such harm. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $17,500,000 for fiscal year 2021. 

4 SEC. 4. CRITERIA POLLUTANT/NAAQS MONITORING NET5 WORK. 

6 (a) DEPLOYMENT OF NCORE MULTIPOLLUTANT

7 MONITORING STATIONS.—The Administrator shall re8 quire an additional 80 NCore multipollutant monitoring 

9 stations. 

10 (b) DEADLINE.—Not later than 12 months after the 

11 date of enactment of this Act, the Administrator shall en12 sure all NCore multipollutant monitoring stations required 

13 to be deployed under subsection (a) are installed and inte14 grated into the air quality monitoring system established 

15 pursuant to section 319 of the Clean Air Act (42 U.S.C. 

16 7619). 

17 (c) MONITORING RESULTS.—Monitoring results from 

18 NCore multipollutant stations deployed pursuant to sub19 section (a) shall be used for purposes of comparison to 

20 national ambient air quality standards, and for such other 

21 purposes as the Administrator determines will promote the 

22 protection of public health from air pollution. 

23 (d) LOCATIONS.— 

24 (1) VULNERABLE POPULATIONS.— 


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1 (A) CENSUS TRACTS.—The Administrator 

2 shall ensure that at least 40 of the NCore 

3 multi-pollutant monitoring stations required 

4 under subsection (a) are sited in census tracts 

5 that each meet one or more of the following cri6 teria: 

7 (i) The rates of childhood asthma, 

8 adult asthma, chronic obstructive pul9 monary disease, heart disease, or cancer 

10 are higher than the national average for 

11 such condition in the census tract. 

12 (ii) The percentage of people living 

13 below the poverty level, that are above age 

14 18 without a high school diploma, or that 

15 are unemployed, is higher than the na16 tional average in the census tract. 

17 (iii) Two or more major sources (as 

18 defined in section 501(2) of the Clean Air 

19 Act (42 U.S.C. 7661(2))) are located with20 in the census tract and adjacent census 

21 tracts combined. 

22 (iv) COVID–19 death rates are at 

23 least 10 percent higher than the national 

24 average in the census tract. 


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1 (v) There is a higher than average 

2 population in the census tract of vulnerable 

3 or sensitive individuals who may be at 

4 greater risk than the general population of 

5 adverse health effects from exposure to one 

6 or more air pollutants for which national 

7 ambient air quality standards have been 

8 established pursuant to the Clean Air Act 

9 (42 U.S.C. 7401 et seq.), including in10 fants, children, pregnant women, workers, 

11 the elderly, or individuals living in an envi12 ronmental justice community. 

13 (B) LIMITATION.—Not more than 1 of the 

14 NCore multipollutant monitoring stations de15 scribed in subparagraph (A) may be sited with16 in the same metropolitan statistical area, mu17 nicipality, or county. 

18 (2) SITING DETERMINATIONS.—In determining 

19 and approving sites for NCore multipollutant moni20 toring stations required under subsection (a), the 

21 Administrator shall— 

22 (A) invite proposals from or on behalf of 

23 residents of a community for the siting of such 

24 stations in such community; 


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1 (B) prioritize siting of such stations in 

2 census tracts or counties with per capita death 

3 rates from COVID–19 that are at least 10 per4 cent higher than the national average, as of the 

5 date of enactment of this Act or the date of the 

6 proposal; and 

7 (C) prior to making siting determinations, 

8 provide public notice of proposed siting loca9 tions and provide an opportunity for public 

10 comment for at least 30 days thereafter— 

11 (i) in the Federal Register, by email 

12 to persons who have requested notice of 

13 proposed siting determinations; by news re14 lease; and 

15 (ii) by posting on the public website of 

16 the Environmental Protection Agency. 

17 (e) REPORT.—Not later than 4 months after the date 

18 of enactment of this Act, the Administrator shall— 

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

20 assessment, which includes public input, on the sta21 tus of all ambient air quality monitors that are part 

22 of Federal, State, or local networks and used for de23 termining compliance with national ambient air 

24 quality standards to determine whether each such 

25 monitor is operational; and 


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1 (2) report to Congress, and publish on the pub2 lic website of the Environmental Protection Agency, 

3 a list of all non-operational monitors and an accom4 panying schedule and plan to restore all such mon5 itors into full operation within one year. 

6 (f) FUNDING.— 

7 (1) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

9 this section $61,000,000 for fiscal year 2021. 

10 (2) USES.—The Administrator— 

11 (A) may use amounts made available to 

12 carry this section to— 

13 (i) directly to deploy NCore multi14 pollutant monitoring stations required 

15 under subsection (a); or 

16 (ii) make grants under section 105 of 

17 the Clean Air Act to State and local gov18 ernments for deployment and operation of 

19 such NCore multipollutant monitoring sta20 tions; and 

21 (B) shall use at least 5 percent, but not 

22 more than 10 percent, of amounts made avail23 able to carry out this section to perform main24 tenance and repairs necessary to restore to op25 eration to currently non-operational monitors 


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1 located in nonattainment areas for ozone or 

2 PM2.5. 

3 SEC. 5. SENSOR MONITORING. 

4 (a) DEPLOYMENT OF AIR QUALITY SENSORS.—Not 

5 later than 6 months after the date of enactment of this 

6 Act, the Administrator shall deploy at least 1,000 air qual7 ity sensors, that each cost $2,000 or less, in census tracts 

8 or counties with per capita death rates from COVID–19 

9 that are at least 10 percent higher than the national aver10 age as of the date of enactment of this Act. 

11 (b) POLLUTANTS.—Each sensor deployed pursuant 

12 to subsection (a) shall measure ozone, PM2.5, or sulfur 

13 dioxide. The Administrator shall determine which pollut14 ant or pollutants to monitor based on the pollution sources 

15 affecting the area in which the sensor is to be deployed. 

16 (c) PRIORITY.—The Administrator shall give priority 

17 for deployment of sensors pursuant to subsection (a) to 

18 census tracts or counties that— 

19 (1) lack SLAMS for the pollutant or pollutants 

20 that sensors would be deployed to measure; 

21 (2) have, or are substantially impacted by, sig22 nificant emissions of ozone, PM2.5, or sulfur diox23 ide; and 


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1 (3) are not part of an area designated as non2 attainment under the Clean Air Act for the air pol3 lutant or pollutants to be monitored. 

4 (d) CONTRACTS.—The Administrator shall contract 

5 with qualified nonprofit organizations and State and local 

6 air pollution control agencies to execute deployment of the 

7 monitors in a manner that will ensure representative 

8 measurement of ambient air quality, and provide the pub9 lic with real-time online access to the data collected. 

10 (e) DETERMINATION AND INSTALLATION.—Not later 

11 than 6 months after one year of monitoring with sensors 

12 deployed pursuant to subsection (a) has been completed, 

13 the Administrator shall determine whether data from the 

14 sensor or sensors deployed in a census track or county 

15 show air pollution levels during such year reached 98 per16 cent of the national ambient air quality standard for any 

17 of the air pollutants described in subsection (b), and not 

18 later than 6 months after such determination, the Admin19 istrator shall ensure that Federal Reference Method mon20 itors or Federal Equivalent Method monitors are installed 

21 and in operation within the census tract or county for each 

22 pollutant that reached or exceeded the 98 percent level. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $2,500,000. 


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1 SEC. 6. ENVIRONMENTAL HEALTH DISPARITIES RESEARCH 

2 GRANT PROGRAMS. 

3 (a) CENTERS OF EXCELLENCE ON ENVIRONMENTAL

4 HEALTH DISPARITIES RESEARCH GRANTS.—The Direc5 tor of the National Institutes of Health, in coordination 

6 with the National Center for Environmental Research at 

7 the Environmental Protection Agency, shall carry out a 

8 Centers of Excellence on Environmental Health Dispari9 ties Research grant program. Such program shall estab10 lish and support no fewer than 10 research centers with 

11 5 year awards to— 

12 (1) conduct basic and applied research on envi13 ronmentally driven health disparities; 

14 (2) establish, develop, or expand collaborations 

15 with other researchers and organizations involved in 

16 environmental health disparities and affected com17 munities; 

18 (3) disseminate scientific knowledge to other re19 searchers and members of affected communities; 

20 (4) recruit and mentor investigators to conduct 

21 environmental health disparities research, including 

22 investigators from health disparities populations; 

23 and 

24 (5) other activities, as determined by the Direc25 tor. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this pro3 gram $15,000,000 for each of fiscal years 2021 thru 

4 2026. 

5 SEC. 7. DEFINITIONS. 

6 In this Act: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Environ9 mental Protection Agency. 

10 (2) ACCIDENTAL RELEASE.—The term ‘‘acci11 dental release’’ has the meaning given such term in 

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

13 7412(r)). 

14 (3) AREA SOURCE; EXISTING SOURCE; HAZ15 ARDOUS AIR POLLUTANT; MAJOR SOURCE; NEW

16 SOURCE; STATIONARY SOURCE.—Except as otherwise 

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

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

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

20 meaning given such terms in section 112(a) of the 

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

22 (4) COVID–19.—The term ‘‘COVID–19’’ 

23 means the novel coronavirus disease 2019 that is the 

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1 ices pursuant to section 319 of the Public Health 

2 Service Act (42 U.S.C. 247d) on January 27, 2020. 

3 (5) METHOD 325A.—The term ‘‘Method 325A’’ 

4 means the Air Emission Measurement Center pro5 mulgated test method titled ‘‘Volatile Organic Com6 pounds from Fugitive and Area Sources: Sampler 

7 Deployment and VOC Sample Collection’’. 

8 (6) METHOD 325B.—The term ‘‘Method 325B’’ 

9 means the Air Emission Measurement Center pro10 mulgated test method titled ‘‘Volatile Organic Com11 pounds from Fugitive and Area Sources: Sampler 

12 Preparation and Analysis.’’ 

13 (7) METHOD TO–15.—The term ‘‘Method TO– 

14 15’’ means the test method titled ‘‘Determination of 

15 Volatile Organic Compounds (VOCs) In Air Col16 lected In Specially-Prepared Canisters And Analyzed 

17 By Gas Chromatography Mass Spectrometry (GC/ 

18 MS)’’ published in Compendium of Methods for the 

19 Determination of Toxic Organic Compounds in Am20 bient Air, Second Edition. 

21 (8) NCORE AND SLAMS.—The terms ‘‘NCore’’ 

22 and ‘‘SLAMS’’ have the meaning given such terms 

23 in section 58.1 of title 40, Code of Federal Regula24 tions (as in effect on the date of enactment of this 

25 Act). 


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1 (9) SYNTHETIC AREA SOURCE.—The term 

2 ‘‘synthetic area source’’ has the meaning given ‘‘syn3 thetic minor HAP source’’ in section 49.152 of title 

4 40, Code of Federal Regulations (or successor regu5 lations). 

Æ 


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