II 

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. 

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 ‘‘Technology Assess5 ment for Air Quality Management Act of 2022’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) the Environmental Protection Agency has 

2 not established a process to consistently gather in3 formation on local air quality monitoring systems 

4 across the United States; 

5 (2) it is not yet clear how newer air sensor 

6 technologies should be deployed to provide the most 

7 benefit, nor how the data should be interpreted; 

8 (3) despite national progress on reducing air 

9 pollution, more than 40 percent of people in the 

10 United States live in places with unhealthy levels of 

11 ozone or particle pollution; 

12 (4) people of color, Indigenous people, and low13 income communities bear disproportionately higher 

14 exposures and health burdens due to air pollution; 

15 (5) air quality can vary up to 800 percent from 

16 block to block within a single neighborhood; and 

17 (6) existing methods that are prescribed for 

18 basin-wide air quality monitoring— 

19 (A) are cost-prohibitive for monitoring 

20 community-scale air quality; and 

21 (B) do not, as of the date of enactment of 

22 this Act, measure the intrinsic variability of 

23 persistently poor air quality in environmental 

24 justice communities at the neighborhood block 

25 level. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) AIR POLLUTANT.—The term ‘‘air pollutant’’ 

7 means— 

8 (A) a criteria pollutant for which there are 

9 national ambient air quality standards under 

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

11 7409) and the precursors to such a pollutant, 

12 including ammonia and volatile organic com13 pounds (as defined in section 51.100 of title 40, 

14 Code of Federal Regulations (or successor regu15 lations)); 

16 (B) a hazardous air pollutant (as defined 

17 in section 112(a) of that Act (42 U.S.C. 

18 7412(a))); and 

19 (C) a greenhouse gas. 

20 (3) AREA SOURCE.—The term ‘‘area source’’ 

21 has the meaning given the term in section 112(a) of 

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

23 (4) ENVIRONMENTAL JUSTICE.—The term ‘‘en24 vironmental justice’’ means the fair treatment and 

25 meaningful involvement of all people, regardless of 

26 race, color, culture, natural origin, or income, in the 


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1 development, implementation, and enforcement of 

2 environmental laws (including regulations) and poli3 cies to ensure that each person enjoys— 

4 (A) the same degree of protection from en5 vironmental and health hazards; and 

6 (B) equal access to any Federal agency ac7 tion relating to the development, implementa8 tion, and enforcement of environmental laws 

9 (including regulations) and policies for the pur10 pose of having a healthy environment in which 

11 to live, learn, work, and recreate. 

12 (5) ENVIRONMENTAL JUSTICE COMMUNITY.— 

13 The term ‘‘environmental justice community’’ means 

14 a community with significant representation of com15 munities of color, low-income communities, or Tribal 

16 and Indigenous communities that experiences, or is 

17 at risk of experiencing, higher or more adverse 

18 human health or environmental effects, as compared 

19 to other communities. 

20 (6) GREENHOUSE GAS.—The term ‘‘greenhouse 

21 gas’’ means any of the following: 

22 (A) Carbon dioxide. 

23 (B) Methane. 

24 (C) Nitrous oxide. 

25 (D) Hydrofluorocarbons. 


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1 (E) Perfluorocarbons. 

2 (F) Sulfur hexafluoride. 

3 (7) HYPERLOCAL AIR QUALITY MONITORING

4 SYSTEM.—The term ‘‘hyperlocal air quality moni5 toring system’’ means a method of monitoring ambi6 ent air quality, greenhouse gases, and co-pollutants 

7 and detecting the presence of other air pollutants 

8 that— 

9 (A) yields frequently repeated, ongoing 

10 measurements of air pollutants at a geographic 

11 scale that is— 

12 (i) as small as practicable to identify 

13 communities; and 

14 (ii) not larger than that of a census 

15 tract; and 

16 (B) identifies hotspots of persistent ele17 vated levels of air pollutants localized to, and 

18 caused by the characteristics of, a specific geo19 graphic location. 

20 (8) HYPERLOCAL DATA.— 

21 (A) IN GENERAL.—The term ‘‘hyperlocal 

22 data’’ means the results returned by a 

23 hyperlocal air quality monitoring system. 

24 (B) INCLUSIONS.—The term ‘‘hyperlocal 

25 data’’ may include data on— 


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1 (i) the health impacts of air pollution; 

2 and 

3 (ii) sources of pollution. 

4 (9) INDIRECT SOURCE.—The term ‘‘indirect 

5 source’’ has the meaning given the term in section 

6 110(a)(5)(C) of the Clean Air Act (42 U.S.C. 

7 7410(a)(5)(C)). 

8 (10) MAJOR SOURCE.—The term ‘‘major 

9 source’’ has the meaning given the term in section 

10 501 of the Clean Air Act (42 U.S.C. 7661). 

11 (11) RELEVANT COMMITTEES OF CONGRESS.— 

12 The term ‘‘relevant committees of Congress’’ 

13 means— 

14 (A) the Committee on Environment and 

15 Public Works of the Senate; and 

16 (B) the Committee on Energy and Com17 merce of the House of Representatives. 

18 SEC. 4. COMPENDIUM OF AIR QUALITY MONITORING TECH19 NOLOGIES AND USES OF AIR QUALITY IN20 SIGHTS. 

21 Not later than 1 year after the date of enactment 

22 of this Act, and annually thereafter, the Administrator 

23 shall update the Air Sensor Toolbox of the Environmental 

24 Protection Agency or an equivalent online, publicly avail25 able compendium— 


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1 (1) to describe all types of common air quality 

2 monitor technologies, which may include— 

3 (A) Federal Reference Method or Federal 

4 Equivalent Method monitors; 

5 (B) mobile monitoring platforms; 

6 (C) low-cost stationary monitors; 

7 (D) satellite sensors and surface monitors; 

8 (E) fenceline monitoring instruments; 

9 (F) high-resolution cameras; and 

10 (G) other technologies, as determined to be 

11 appropriate by the Administrator; 

12 (2) to describe the uses of the data associated 

13 with the types of common air quality monitor tech14 nologies described under paragraph (1); 

15 (3) to update and describe the advantages and 

16 limitations of monitoring technologies with respect to 

17 different air quality management applications, which 

18 may include— 

19 (A) the costs and ease of purchase, instal20 lation, operation, and maintenance of monitors; 

21 (B) air pollutant or air pollutants mon22 itored; 

23 (C) spatial resolution; 

24 (D) temporal resolution; 


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1 (E) frequency of data collection by mon2 itors; 

3 (F) data quality and data processing 

4 needs; and 

5 (G) compatibility, accessibility, and ease of 

6 use of a type of monitor with online databases; 

7 (4) to describe— 

8 (A) potential incongruities in air quality 

9 monitor measurements and reference methods; 

10 and 

11 (B) relevant insights with respect to 

12 hyperlocal data, despite the potential incongru13 ities described in subparagraph (A); 

14 (5) to describe the availability of, and how to 

15 access, data on— 

16 (A) the location and nature of likely 

17 sources of air pollution, including major 

18 sources, area sources, and indirect sources; and 

19 (B) potential health impacts that may re20 sult from air pollution exposure; 

21 (6) to connect and integrate the Air Sensor 

22 Toolbox or equivalent compendium with the 

23 EJSCREEN mapping tool of the Environmental 

24 Protection Agency, the Environmental Information 

25 Exchange Network, and other relevant Federal, 


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1 State, and local environmental justice mapping and 

2 screening tools— 

3 (A) to inform communities and local air 

4 agencies of local air pollution concerns; 

5 (B) to address— 

6 (i) the multiple and cumulative expo7 sures identified in environmental human 

8 health analyses under section 3–301(b) of 

9 Executive Order 12898 (42 U.S.C. 4321 

10 note; relating to Federal actions to address 

11 environmental justice in minority popu12 lations and low-income populations); and 

13 (ii) any exclusion from participation 

14 in, denial of and the benefits of, or dis15 crimination under programs and activities 

16 receiving Federal financial assistance on 

17 the ground of race, color, or national ori18 gin, as prohibited under section 601 of the 

19 Civil Rights Act of 1964 (42 U.S.C. 

20 2000d); and 

21 (C) to strengthen hyperlocal air quality 

22 monitoring systems, air quality data visualiza23 tion, and hyperlocal data integration into deci24 sionmaking; and 


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1 (7) to describe how to integrate air quality 

2 monitoring technologies and data across spatial and 

3 temporal scales to improve quantitative use of low4 cost sensors, satellite sensors, and other tech5 nologies. 

6 SEC. 5. AIR QUALITY TECHNOLOGY WORKING GROUP. 

7 (a) ESTABLISHMENT.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of enactment of this Act, the Adminis10 trator shall establish an Air Quality Technology 

11 Working Group (referred to in this section as the 

12 ‘‘Working Group’’). 

13 (2) MEMBERSHIP.—The Working Group shall 

14 consist of 30 members, including— 

15 (A) 1 representative from each Regional 

16 Office of the Environmental Protection Agency; 

17 (B) not less than 1 representative with a 

18 demonstrated record of experience with device 

19 installation, operation, maintenance, and cali20 bration of different air quality monitoring ap21 proaches; 

22 (C) not less than 3 representatives with 

23 demonstrated records of experience in data 

24 science as it pertains to using measurements 

25 from monitoring technologies to develop air 


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1 quality insights for environmental justice and 

2 associated air quality monitoring applications; 

3 (D) not less than 3 representatives of envi4 ronmental justice community-based organiza5 tions, coalitions, networks, or alliances with ex6 perience in using new technologies to assess and 

7 address air pollution in the communities of 

8 those environmental justice community-based 

9 organizations, coalitions, networks, or alliances; 

10 (E) not less than 1 representative with a 

11 demonstrated record of experience in outreach 

12 and engagement with environmental justice 

13 communities; 

14 (F) not less than 1 representative from a 

15 Federal air agency; 

16 (G) not less than 1 representative from a 

17 State air agency; 

18 (H) not less than 1 representative from a 

19 local air agency; 

20 (I) not less than 1 representative from a 

21 Tribal air agency; 

22 (J) not less than 2 representatives that— 

23 (i) are— 

24 (I) from public health depart25 ments; or 


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1 (II) public health scientists; and 

2 (ii) have a demonstrated record of ex3 perience with translating information col4 lected from monitoring technologies into 

5 health insights for environmental justice 

6 applications and air quality management; 

7 and 

8 (K) not less than 1 representative from the 

9 air quality technology industry. 

10 (b) MONITORING SYSTEM TEMPLATE.—Not later 

11 than 1 year after the date on which the Working Group 

12 is established under subsection (a)(1), the Working Group 

13 shall develop and submit to the relevant committees of 

14 Congress a report that includes— 

15 (1) templates for integrated air quality moni16 toring systems ranging in cost estimates, population 

17 sizes of communities served, atmospheric dispersion 

18 dynamics of air pollutants, and other relevant pa19 rameters, as determined to be appropriate by the 

20 Working Group, that provide a holistic under21 standing of local air pollutant measurements across 

22 time, which may incorporate— 

23 (A) 1 or more in-situ monitors; 

24 (B) 1 or more satellite sensors; 

25 (C) computer modeling; 


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1 (D) multipollutant monitoring options; 

2 (E) single pollutant monitoring options; 

3 and 

4 (F) data collection, interpretation, and re5 porting to relevant Federal, State, local, and 

6 Tribal air agencies; 

7 (2) a description of the costs and capacity 

8 needs associated with the integrated air quality mon9 itoring systems described under paragraph (1), in10 cluding— 

11 (A) costs of purchase, operation, mainte12 nance, and calibration of monitor technologies; 

13 (B) workforce needs; 

14 (C) data infrastructure needs; and 

15 (D) any other needs, as determined to be 

16 appropriate by the Administrator; and 

17 (3) technology modernization targets for up18 grades to integrated air quality monitoring stations. 

19 SEC. 6. NATIONAL INFRASTRUCTURE INVENTORY. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of enactment of this Act, the Comptroller General 

22 of the United States, in coordination with the Environ23 mental Protection Agency, shall carry out a study to in24 ventory national air quality monitoring infrastructure by 

25 documenting— 


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1 (1) locations, operation statuses, frequencies of 

2 data return, and dates of installation of Federal air 

3 quality monitors; 

(2) the number of people living within 1 4 ⁄2 mile 

5 of Federal air quality monitors that continuously re6 turn data; 

7 (3) in coordination with Regional Offices of the 

8 Environmental Protection Agency, and State, local, 

9 and Tribal air agencies, the locations, operation 

10 statuses, and dates of installation of additional air 

11 quality monitors that are managed by State, local, 

12 and Tribal air agencies; 

13 (4) data infrastructure and online platforms 

14 that are associated with datasets collected by Fed15 eral, State, local, and Tribal air quality monitors 

16 that are documented under paragraphs (1) and (3); 

17 and 

18 (5) existing workforce capacity and needs 

19 across Federal, State, local, and Tribal levels. 

20 (b) REPORT.—Not later than 2 years after the date 

21 of enactment of this Act, the Administrator shall submit 

22 to the relevant committees of Congress a report that in23 cludes— 

24 (1) a description of the study carried out under 

25 subsection (a); 


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1 (2) a description of the results of that study; 

2 (3) a map of high-priority areas for air quality 

3 monitor deployment, based on factors such as prox4 imity to or effects on environmental justice commu5 nities, discrepancies between monitor readings and 

6 satellite or low-cost sensor readings, proliferation of 

7 pollution sources, and the lack of existing Federal 

8 Reference Method or Federal Equivalent Method 

9 monitors; and 

10 (4) recommendations for legislative and regu11 latory action that would facilitate more effective and 

12 targeted air quality management across scales, 

13 which may include— 

14 (A) monitor placement; 

15 (B) monitor accuracy; 

16 (C) integration of monitor, modeling, and 

17 satellite technologies; 

18 (D) methods for hyperlocal monitoring; 

19 (E) information gathering and sharing; 

20 and 

21 (F) maintenance and regular upgrades to 

22 monitors and data infrastructure. 


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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to the Admin3 istrator $11,000,000 for each of fiscal years 2023 through 

4 2027 for the purposes of— 

5 (1) carrying out this Act; and 

6 (2) establishing 8 new full-time equivalent posi7 tions to assist the Administrator in carrying out this 

8 Act. 

Æ 


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