I 
117TH CONGRESS 
2D SESSION 
H. R. 9386 
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 elec-
tronic submission at fencelines and stacks of industrial source categories, 
to expand and strengthen the national ambient air quality monitoring 
network, to deploy air sensors in communities affected by air pollution, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 1, 2022 
Mr. HARDER of California (for himself, Mr. COSTA, and Ms. BROWNLEY) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To protect clean air and public health by expanding fenceline 
and ambient air monitoring and access to air quality 
information for communities affected by air pollution, 
to require hazardous air pollutant monitoring at the 
fenceline of facilities whose emissions are linked to local 
health threats, to ensure the Environmental Protection 
Agency promulgates rules that require hazardous air pol-
lutant 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Better Data for Clean-
er Air Act of 2022’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ACCIDENTAL
RELEASE.—The term ‘‘acci-
dental release’’ has the meaning given the term in 
section 112(r)(2) of the Clean Air Act (42 U.S.C. 
7412(r)(2)). 
(3) AREA
SOURCE; EXISTING
SOURCE; HAZ-
ARDOUS
AIR
POLLUTANT; MAJOR
SOURCE; NEW 
SOURCE; STATIONARY SOURCE.—Except as otherwise 
provided, 
the 
terms 
‘‘area 
source’’, 
‘‘existing 
source’’, ‘‘hazardous air pollutant’’, ‘‘major source’’, 
‘‘new source’’, and ‘‘stationary source’’ have the 
meanings given the terms in section 112(a) of the 
Clean Air Act (42 U.S.C. 7412(a)). 
(4) EMISSIONS
MEASUREMENT
SYSTEM.—The 
term ‘‘emission measurement system’’ means a set 
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method TO–15 (including TO–15A) published by 
the Environmental Protection Agency. 
(9) NATIONAL AMBIENT AIR QUALITY STAND-
ARD.—The term ‘‘national ambient air quality 
standard’’ means a national ambient air quality 
standard established under section 109 of the Clean 
Air Act (42 U.S.C. 7409). 
(10) NCore; SLAMS.—The terms ‘‘NCore’’ and 
‘‘SLAMS’’ have the meaning given those terms in 
section 58.1 of title 40, Code of Federal Regulations 
(as in effect on the date of enactment of this Act). 
(11) REAL-TIME.—The term ‘‘real-time’’ means 
the actual or near actual time during which pollut-
ant levels occur at or near the property boundary of 
a facility or in a nearby community. 
(12) SOURCE.—The term ‘‘source’’ means a 
source as such term is used in the Clean Air Act (42 
U.S.C. 7401 et seq.). 
SEC. 3. HEALTH EMERGENCY AIR TOXICS MONITORING 
NETWORK. 
(a) MONITORING.— 
(1) IN GENERAL.— 
(A) PROGRAM.—The Administrator shall 
carry out a program to administer or conduct, 
pursuant to authority provided under the Clean 
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Air Act (42 U.S.C. 7401 et seq.), including sec-
tions 103 and 114 of that Act (42 U.S.C. 7403, 
7414), emissions measurement and quantifica-
tion, including the best available form of 
fenceline monitoring of stationary sources of 
hazardous air pollutants that are on the list de-
veloped under subsection (c), including through 
expansion of the National Air Toxics Trends 
Station network or through creating a new net-
work, as appropriate. 
(B) TIMING.—The Administrator shall 
begin implementation of the program under 
subparagraph (A) not later than 18 months 
after the date of enactment of this Act. 
(2) MONITORING PERIOD.— 
(A) IN
GENERAL.—The Administrator 
shall maintain the monitoring required under 
paragraph (1) for a period of not less than 6 
years after the date on which the monitoring re-
quired under that paragraph is first carried 
out. 
(B) SUBSEQUENT MONITORING.—After the 
6-year period described in subparagraph (A), 
the Administrator shall maintain the emissions 
measurement and quantification program under 
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paragraph (1), consistent with this section, 
through— 
(i) maintaining monitors at all or 
some sources under the program under 
paragraph (1); and 
(ii) adding or moving monitors under 
the program under paragraph (1) to addi-
tional sources, following the process for 
substitution of sources in subsection (g). 
(C) SHORTENED PERIOD.—If the Adminis-
trator determines that 6 years of monitoring, as 
required by subparagraph (A), is not necessary 
to protect public health or assure compliance at 
the source or the facility involved, the Adminis-
trator may decrease or end the monitoring after 
at least 3 years of monitoring has occurred. 
(D) ADDITIONAL INSPECTIONS AND TEST-
ING.—In addition to fenceline monitoring under 
the program under this subsection, the Admin-
istrator shall use the Administrator’s full au-
thority to inspect and require emission testing 
at sources at or inside the facility involved to 
the extent necessary to identify and address the 
emissions crossing the fenceline. 
(b) PUBLICATION OF RESULTS.— 
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(1) IN
GENERAL.—The Administrator shall 
publish and maintain the plans for and the results 
of all measurements, including fenceline monitoring, 
conducted under the program under subsection 
(a)(1) on the website of the Environmental Protec-
tion Agency— 
(A) in a highly accessible format; 
(B) in multiple languages; and 
(C) for a period of at least 6 years. 
(2) IMMEDIATE AVAILABILITY.—The Adminis-
trator shall ensure that the monitoring data de-
scribed in paragraph (1) is made publicly available 
under that paragraph as expeditiously as practicable, 
and not later than 7 days after electronic submis-
sion, which shall be not later than one month after 
the date of collection of such data. 
(c) LIST OF SOURCES.— 
(1) DEVELOPMENT.— 
(A) IN
GENERAL.—Not later than 270 
days after the date of enactment of this Act, 
the Administrator shall publish, after public no-
tice and comment, a list of stationary sources 
of hazardous air pollutants that, subject to sub-
paragraph (B), includes— 
(i) at least 45 of the sources listed— 
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(I) as high-priority facilities in 
Appendix A of the report of the Office 
of Inspector General of the Environ-
mental Protection Agency numbered 
20–N–0128 and dated March 31, 
2020; or 
(II) as contributing to high can-
cer risk at the census block level in 
Appendix C of the report of the Office 
of Inspector General of the Environ-
mental Protection Agency numbered 
21–P–0129 and dated May 6, 2021; 
and 
(ii) at least 55 other major sources or 
area sources that meet the criteria de-
scribed in paragraph (2). 
(B) SUBSTITUTION.— 
(i) IN
GENERAL.—If the Adminis-
trator determines that a source described 
in subparagraph (A)(i) no longer contrib-
utes to high health risks or impacts, the 
Administrator shall— 
(I) cease to include that source in 
the list under subparagraph (A); and 
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(II) include instead an additional 
major source or area source described 
in subparagraph (A)(ii) to ensure that 
the list under subparagraph (A) in-
cludes not less than 100 high-priority 
sources. 
(ii) DESCRIPTION OF REASONS.—The 
Administrator shall publish in the Federal 
Register— 
(I) any determination to make a 
substitution under clause (i); and 
(II) an explanation of the reasons 
for any such determination dem-
onstrating, based on monitoring data 
or other reliable information, that the 
substitution is likely to ensure that 
monitoring under this section occurs 
at the sources causing or contributing 
to the highest potential health risks or 
other impacts from hazardous air pol-
lution. 
(iii) REQUIREMENT.—The Adminis-
trator may include an additional major 
source or area source under clause (i)(II) 
only if the Administrator determines that 
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(II) a total organ-specific hazard 
index for chronic non-cancer risk that 
is greater than 1; or 
(III) 
an 
acute 
risk 
hazard 
quotient that is greater than 1; and 
(C)(i) is classified in 1 or more of North 
American Industry Classification System codes 
322, 324, 325, 326, 331, 332, 339, 424, and 
562; 
(ii)(I) is required to prepare and imple-
ment a risk management plan pursuant to sec-
tion 112(r) of the Clean Air Act (42 U.S.C. 
7412(r)); and 
(II) has had an accidental release required 
to be reported during the previous 5-year period 
pursuant to sections 68.42 and 68.195 of title 
40, Code of Federal Regulations (as in effect on 
the date of enactment of this Act); or 
(iii) is determined by the Administrator to 
be a high-priority source or facility for emis-
sions measurement because the emissions of the 
source or facility are causing or contributing to, 
or have the potential to cause or contribute to, 
serious health risks or impacts. 
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(3) POLLUTANTS.—The pollutants described in 
this paragraph are— 
(A) ethylene oxide, CAS 75218; 
(B) chloroprene, CAS 126998; 
(C) benzene, CAS 71432; 
(D) 1,3–butadiene, CAS 106990; 
(E) formaldehyde, CAS 50000; 
(F) acetaldehyde, CAS 75070; 
(G) lead compounds; 
(H) arsenic compounds; 
(I) cadmium compounds; 
(J) nickel compounds; 
(K) manganese compounds; 
(L) any other hazardous air pollutant in-
cluded in the list described in section 112(b) of 
the Clean Air Act (42 U.S.C. 7412(b)) that the 
Administrator determines, after public notice 
and comment, the emissions of which— 
(i) are, or may be contributing to, se-
rious health risks; and 
(ii) warrant emissions quantification 
and measurement; and 
(M) any pollutant that is a precursor to at-
mospheric photochemical production of any 
other pollutant on such list. 
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(4) USE OF RISK ASSESSMENTS.—In carrying 
out this subsection, the Administrator shall— 
(A) use— 
(i) 
the 
Environmental 
Protection 
Agency’s latest evaluations and methods of 
compiling 
and 
evaluating 
information 
about risks from air toxics, or the most re-
cent Air Toxics Screening Assessment or 
other current evaluation or report by the 
Environmental Protection Agency pro-
viding similar information about cancer 
and noncancer risks from hazardous air 
pollution based on measured or modeled 
emissions; 
(ii) the Risk-Screening Environmental 
Indicators model of the Administrator; 
(iii) a prior health risk assessment 
that was performed by the Administrator 
for the applicable source or source cat-
egory; or 
(iv) a new health risk assessment per-
formed by the Administrator that— 
(I) follows the best available 
science (including the most recent 
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guidance from the National Academy 
of Sciences); and 
(II) considers, to the greatest ex-
tent practicable, with respect to the 
applicable source or facility— 
(aa) cumulative risks and 
impacts; 
(bb) increased vulnerability 
that results from socioeconomic 
disparities; 
(cc) multiple source expo-
sure; and 
(dd) exposure in utero, in 
childhood, and through the age of 
85; and 
(B) consider— 
(i) the most recent emission tests 
available to the Administrator or received 
by the Environmental Protection Agency in 
public comment; and 
(ii) any fenceline or ambient moni-
toring data for which an Environmental 
Protection Agency-approved data quality 
check has been performed. 
(d) METHODS AND TECHNOLOGIES.— 
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(1) IN GENERAL.—Except as provided in para-
graph (3), in carrying out the program under sub-
section (a), the Administrator shall for each sta-
tionary source on the list published under subsection 
(c)(1), employ an emissions measurement system to 
monitor the pollutants described in subsection (c)(3) 
emitted by the stationary source, including at 
least— 
(A) the most current Environmental Pro-
tection Agency-approved or promulgated emis-
sion test or monitoring method, including Meth-
ods 325A, 325B, and TO–15 or the most cur-
rent and best available version of such methods 
approved or promulgated by the Environmental 
Protection Agency; or 
(B) for each stationary source described in 
paragraph (2), the best available method for 
continuous, real-time measurement of air pol-
lutant concentrations. 
(2) STATIONARY SOURCES DESCRIBED.—A sta-
tionary source referred to in paragraph (1)(B) is— 
(A) not less than each of the 20 stationary 
sources on the list published under subsection 
(c)(1) that— 
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(i) emits the greatest volume of pol-
lutants described in subsection (c)(3); or 
(ii) causes the greatest health risk, 
based on the emissions of the pollutants 
described in subsection (c)(3) individually, 
as a group, or cumulatively, based on— 
(I)(aa) the Environmental Pro-
tection Agency’s latest evaluations 
and methods of compiling and evalu-
ating information about risks from air 
toxics, or the most recent Air Toxics 
Screening Assessment or other cur-
rent evaluation or report by the Envi-
ronmental Protection Agency pro-
viding similar information about can-
cer and noncancer risks from haz-
ardous air pollution based on meas-
ured or modeled emissions; 
(bb) the Risk-Screening Environ-
mental Indicators model of the Ad-
ministrator; 
(cc) a prior health risk assess-
ment that was performed by the Ad-
ministrator for the applicable source 
or source category; or 
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(B) any other stationary source on the list 
published under subsection (c)(1) that is regu-
lated under section 112(r)(7) of the Clean Air 
Act (42 U.S.C. 7412(r)(7)) and has had an ac-
cidental release or incident that is required to 
be reported during the previous 5-year period 
under such section 112(r)(7); and 
(C) any other stationary source on the list 
published under subsection (c)(1) for which ap-
plication of the methods described in subpara-
graph (A) alone will not be sufficient to monitor 
and report the pollutants described in sub-
section (c)(3) that are emitted by that sta-
tionary source. 
(3) UPDATES.— 
(A) APPROVED OR PROMULGATED METH-
ODS.—The Administrator shall— 
(i) not later than 270 days after the 
date of enactment of this Act, review and, 
after public notice and comment, update 
each approved or promulgated test method 
described in this section to add as many of 
the pollutants described in subsection 
(c)(3) as possible; and 
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(ii) otherwise strengthen the test 
methods described in clause (i) to support 
effective hazardous air pollutant measure-
ment and the full implementation of this 
Act. 
(B) NEW TEST METHODS.— 
(i) IN GENERAL.—Not later than 18 
months after the date of enactment of this 
Act, the Administrator shall approve or 
promulgate, as applicable, any new test 
methods that are necessary to ensure effec-
tive fenceline monitoring of all pollutants 
and sources described in this section, in-
cluding— 
(I) at least 1 method that rep-
resents the best and most accurate 
form of continuous, real-time fenceline 
monitoring; and 
(II) at least 1 method that rep-
resents the best and most accurate 
form of multimetal monitoring. 
(ii) UPDATES
REQUIRED.—Not less 
frequently than once every 10 years, the 
Administrator shall review and, if nec-
essary, after public notice and comment, 
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strengthen or add new test methods that 
meet the requirements under clause (i), 
which shall be based on— 
(I) the best available monitoring 
technologies; and 
(II) the advice of staff of the En-
vironmental Protection Agency re-
sponsible for enforcement of this Act 
and other monitoring experts. 
(e) MONITOR PLACEMENT AND MAINTENANCE.— 
(1) IN
GENERAL.—The Administrator shall, 
after public notice and comment, place and main-
tain, or ensure placement and regular maintenance 
of, all monitors required under this section to ensure 
effective and reliable emissions measurement pursu-
ant to this section. 
(2) MAINTENANCE CHECK.—The maintenance 
required under paragraph (1) shall include a mainte-
nance check of the monitor not less frequently than 
once every 180 days, unless— 
(A) the test method used by the monitor 
requires a maintenance check more frequently; 
or 
(B) a maintenance check is requested by a 
member of the public. 
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(3) PUBLIC INPUT.—The Administrator shall, 
after public notice and comment, create a process 
for the public— 
(A) to track the maintenance of monitors 
under this subsection; and 
(B) request a maintenance check of a mon-
itor. 
(f) REPORT.—Not later than 6 years after the date 
of enactment of this Act, and not less frequently than 
every 6 years thereafter, the Administrator shall submit 
to the Congress and post publicly on the website of the 
Environmental Protection Agency a report describing the 
results of the program carried out under subsection (a), 
which shall include— 
(1) the results of emissions measurement imple-
mented under that program; 
(2) any actions of the Administrator taken 
based on that emissions measurement data or pro-
gram; and 
(3) whether the Administrator proposes— 
(A) to continue emissions measurements at 
any or all of the stationary sources on the list 
published under subsection (c)(1); or 
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(B) to implement emissions measurements 
of any additional stationary sources as deter-
mined under subsection (g). 
(g) 
DETERMINATION
REGARDING
ADDITIONAL 
SOURCES.—Not later than 6 years after the date of enact-
ment of this Act, and not less frequently than every 6 
years thereafter, the Administrator shall— 
(1) after public notice and comment, make a 
determination of whether to add or remove sources 
to the list published under subsection (c)(1)— 
(A) to ensure compliance of such sta-
tionary sources with existing emission stand-
ards under section 112 of the Clean Air Act (42 
U.S.C. 7412); 
(B) to prevent and detect accidental re-
leases; 
(C) to protect the health of the commu-
nities most exposed to the emissions of haz-
ardous air pollutants from such stationary 
sources to the greatest extent possible; or 
(D) to ensure the 100 highest-priority 
sources or facilities, based on the best available 
science and the most current data on health 
risks and impacts, have emissions measurement 
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systems in place for pollutants required to be 
monitored under this section; and 
(2) publish a determination under paragraph 
(1) in the Federal Register. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$146,000,000 for the period of fiscal years 2023 and 
2024. 
SEC. 4. COMMUNITY AIR TOXICS MONITORING. 
(a) REGULATIONS.—Not later than 2 years after the 
date of enactment of this Act, the Administrator shall pro-
mulgate regulations pursuant to authority provided by the 
Clean Air Act, which may include subsections (d), (f), and 
(r) of section 112, section 113, and section 114 of the 
Clean Air Act (42 U.S.C. 7412, 7413, 7414), for each 
source category described in subsection (b), that— 
(1) require all sources in the source category to 
implement, not later than 1 year after the promulga-
tion of the regulations, the best available form of 
emissions measurement, including continuous emis-
sions monitoring and fenceline monitoring, to ensure 
compliance with the emission standards for haz-
ardous air pollutants; 
(2) for facilities in the source category that are 
required to submit risk management plans under 
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section 
112(r)(7) 
of 
that 
Act 
(42 
U.S.C. 
7412(r)(7)), require each facility to implement— 
(A) continuous, real-time monitoring to 
provide for effective emergency response and 
provide information to prevent future releases; 
and 
(B) 
emissions 
measurement, 
including 
fenceline monitoring, to provide for effective 
emergency response and provide information to 
prevent future releases; 
(3) subject to subsection (e), establish a correc-
tive action level at the fenceline for at least the top 
3 hazardous air pollutants that drive the cancer, 
chronic non-cancer, or acute risk for the source cat-
egory; 
(4) if any applicable corrective action level 
under paragraph (3) is exceeded, require— 
(A) a root cause analysis; 
(B) full remedial action to resolve the ex-
ceedance and protect the most exposed or most 
vulnerable individuals potentially affected by 
the exceedance; and 
(C) a public report that a violation of the 
Clean Air Act (42 U.S.C. 7401 et seq.) has oc-
curred; and 
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(5) treat any requirement imposed by the regu-
lations under this section as a requirement under 
section 112 of the Clean Air Act (42 U.S.C. 7412) 
that is enforceable under section 113 of such Act 
(42 U.S.C. 7413). 
(b) SOURCE CATEGORIES.—The source categories de-
scribed in this subsection shall include— 
(1) each category or subcategory of major 
sources or area sources that— 
(A) contains— 
(i) at least 1 of the stationary sources 
of hazardous air pollutants that are on the 
list published under section 3(c); 
(ii) major sources or area sources 
identified in the most recent National 
Emissions Inventory of the Environmental 
Protection Agency as emitting a pollutant 
described in section 3(c)(3); 
(iii) 
petroleum, 
chemical, 
petro-
chemical, 
or 
plastics 
manufacturing 
sources, marine vessel loading operations, 
or other sources that are classified in 1 or 
more of North American Industry Classi-
fication System codes 322, 324, 325, 326, 
331, 332, 339, 424, and 562; or 
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(iv) any other major source of fugitive 
hazardous air pollutant emissions for 
which the Environmental Protection Agen-
cy is subject to a court-ordered or statu-
tory deadline, engaged in a reconsideration 
proceeding, or subject to a court remand 
(or is likely within the 2-year period begin-
ning on the date of enactment of this Act 
to become subject to such an obligation or 
action) to review and determine whether to 
revise the emissions standards that apply 
to that major source; or 
(B) contains any stationary source that— 
(i) 
is 
regulated 
under 
section 
112(r)(7) of the Clean Air Act (42 U.S.C. 
7412(r)(7)); and 
(ii) has had an accidental release or 
incident that is required to be reported 
during the previous 5-year period under 
such section 112(r) and the regulations 
thereunder; and 
(2) any other source category for which the Ad-
ministrator determines that requiring fenceline mon-
itoring would benefit public health or welfare. 
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(c) DETERMINATION OF BEST AVAILABLE FORM OF 
MONITORING.— 
(1) IN GENERAL.—The Administrator, in con-
sultation with the Office of Air and Radiation, the 
Office of Enforcement and Compliance Assurance, 
the Office of Environmental Justice, and the Office 
of Research and Development, shall, for purposes of 
the regulations promulgated pursuant to subsection 
(a)— 
(A) determine the best available form of 
emissions measurement, including continuous 
emissions monitoring and fenceline monitoring; 
and 
(B) ensure the methods required under the 
regulations are at least as stringent as the most 
current Environmental Protection Agency-ap-
proved or promulgated emission test or moni-
toring method, including Methods 325A, 325B, 
and TO–15 (or the most current and best avail-
able version of such methods approved or pro-
mulgated by the Environmental Protection 
Agency). 
(2) REQUIREMENT.—In carrying out paragraph 
(1)(B), the Administrator shall ensure that 1 or 
more of the methods described in or promulgated 
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under section 3 or subsection (d) (including 
multimetal monitoring) is included in the regulations 
promulgated pursuant to subsection (a) if that 
method is the best available method for 1 or more 
of the pollutants for which monitoring is required 
under this section. 
(d) METHODS AND TECHNOLOGIES.— 
(1) IN GENERAL.—For all stationary sources in 
the source categories described in subsection (b), as 
the best available fenceline monitoring method for 
those source categories, the Administrator may, in 
the regulations promulgated pursuant to subsection 
(a)— 
(A) require application, implementation, or 
employment of optical remote sensing tech-
nology to provide real-time measurements of air 
pollutant concentrations along an open-path; or 
(B) provide an explanation of why applica-
tion, implementation, or employment of 1 or 
more of the technologies described in subpara-
graph (A) is not necessary— 
(i) to ensure compliance with the 
emission standards established under the 
regulations promulgated pursuant to sub-
section (d), (f), or (r) of section 112 of the 
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Clean Air Act (42 U.S.C. 7412), as appli-
cable; or 
(ii) to protect the public health, to 
prevent accidental releases, or to provide 
for effective emergency response. 
(2) MULTIPLE-SOURCE
OR
FACILITY
COM-
PLEXES.— 
(A) DEFINITION OF MULTIPLE-SOURCE OR 
FACILITY
COMPLEX.—In this paragraph, the 
term ‘‘multiple-source or facility complex’’ 
means 1 or more stationary sources co-located 
at the same site. 
(B) MULTIPLE-SOURCE OR FACILITY COM-
PLEX MONITORING.—In the regulations promul-
gated pursuant to subsection (a), the Adminis-
trator shall ensure that the best available form 
of monitoring for a multiple-source or facility 
complex that contains not less than 2 stationary 
sources in 1 or more of North American Indus-
try Classification System codes 324, 325, and 
326, or a related chemical or petrochemical sec-
tor, may be at least a combination of— 
(i) real-time, open-path monitoring; 
and 
(ii) Method 325A and Method 325B. 
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(C) REQUIREMENT.—In carrying out sub-
paragraph (B), the Administrator may consider 
whether any other multiple-source or facility 
complexes should be required to employ the 
combined monitoring methods described in that 
subparagraph. 
(e) PRECAUTIONARY APPROACH.—In promulgating 
the corrective action level for each of the hazardous air 
pollutants described in subsection (a)(3), the Adminis-
trator shall— 
(1) consider the best available science; 
(2) take a precautionary approach to ensure 
that the owner or operator of the source or facility 
reduces the emissions of the source or facility to pre-
vent harm if the measured concentration at the 
fenceline would, or is likely to— 
(A) increase harm to public health or safe-
ty (including through an increased health risk); 
or 
(B) reach a level that may result in short- 
term, long-term, or chronic human exposure to 
air pollution (including any fetal exposure that 
begins in utero) that increases the risk of— 
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(i) health harms resulting from odors, 
irritation, sensitizing effects, or any com-
bination of those harms; 
(ii) disease (including cancer and 
other illnesses); or 
(iii) death; and 
(3) take into account the aggregate and cumu-
lative emissions and health risks from the facility, 
including multiple source categories, as applicable, to 
ensure full health protection from the entire facility. 
(f) MAINTENANCE AND PUBLIC REPORTING.— 
(1) IN GENERAL.—In the regulations promul-
gated under subsection (a), the Administrator shall 
ensure that— 
(A) the owners or operators of sources sub-
ject to the requirements of this section— 
(i) perform regular inspections and 
maintenance of all measured equipment re-
quired under this section; and 
(ii) submit regular reports to the Ad-
ministrator that— 
(I) include the measured emis-
sions data collected by that emissions 
measurement equipment; 
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(II) describe the status of that 
measurement equipment; and 
(III) contain a detailed expla-
nation of the circumstances sur-
rounding a delay in collecting or miss-
ing data; 
(B) the emissions measurement system re-
quired under this section is continuous and 
yields reliable data not less than 95 percent of 
the time, without any regulatory exemption or 
extension; and 
(C) any problem with the fenceline moni-
toring equipment required under this section is 
repaired within 2 days of discovering the prob-
lem. 
(2) VIOLATION.—In the regulations promul-
gated under subsection (a), the Administrator 
shall— 
(A) require the owner or operator of a sta-
tionary source subject to such regulations to re-
port, with respect to such source, at least semi-
annually— 
(i) all exceedances of any corrective 
action level; and 
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(ii) all corrective action planned and 
taken; and 
(B) for purposes of imposing penalties, 
treat each day on which a violation of a report-
ing requirement under subparagraph (A) con-
tinues as a separate violation. 
(3) PUBLIC REPORTING.— 
(A) IN
GENERAL.—The Administrator 
shall make available on the website of the Envi-
ronmental Protection Agency, in an accessible 
format that includes multiple languages— 
(i) all emissions measurement plans 
and reports required under this section; 
(ii) all emissions measurement data 
collected by monitoring equipment required 
under this section; and 
(iii) an option to sign up for commu-
nity-wide or source-specific alerts that alert 
the user if the emissions concentrations 
measured pursuant to clause (i) or (ii), as 
applicable, exceed— 
(I) a health reference level of the 
Administrator; 
(II) a health reference level ap-
proved by the Administrator; or 
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(III) the applicable corrective ac-
tion level under subsection (a)(3). 
(B) PUBLIC NOTICE AND COMMENT.—The 
Administrator shall provide notice and receive 
public comment on the format and accessibility 
of the information required under subparagraph 
(A). 
(C) 
PUBLICATION.—The 
Administrator 
shall publicize the information required under 
subparagraph (A) in each community that con-
tains a source regulated under this section 
through not less than 2 of the most widely 
viewed local media formats for members of that 
community that live nearest the regulated 
source. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$50,000,000 for the period of fiscal years 2023 and 2024. 
SEC. 5. NAAQS MONITORING NETWORK. 
(a) DEPLOYMENT
OF NCORE MULTIPOLLUTANT 
MONITORING STATIONS.—The Administrator shall re-
quire the deployment of 80 additional NCore multipollut-
ant monitoring stations. 
(b) DEADLINE.—Not later than 3 years after the 
date of enactment of this Act, the Administrator shall en-
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sure that all NCore multipollutant monitoring stations re-
quired to be deployed under subsection (a) are— 
(1) installed and integrated into the air quality 
monitoring system established pursuant to sections 
110(a)(2)(B) and 319 of the Clean Air Act (42 
U.S.C. 7410(a)(2)(B), 7619); and 
(2) after installation, operated and maintained 
on a continuing basis. 
(c) MONITORING RESULTS.—Monitoring results from 
NCore multipollutant stations deployed pursuant to sub-
section (a) shall be used for— 
(1) assessments of the compliance of areas with 
national ambient air quality standards; 
(2) integrated science assessments in reviews of 
national ambient air quality standards promulgated 
under section 109 of the Clean Air Act (42 U.S.C. 
7409); 
(3) evaluating disparities of pollution exposures 
within metropolitan areas; and 
(4) such other purposes as the Administrator 
determines will promote the protection of public 
health from air pollution. 
(d) LOCATIONS.— 
(1) VULNERABLE POPULATIONS.—The Admin-
istrator shall ensure that not less than 40 of the 
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NCore multipollutant monitoring stations required 
under subsection (a)— 
(A) are not limited to metropolitan statis-
tical areas with populations of 50,000 or great-
er; and 
(B) are sited in census tracts that each 
meet 1 or more of the following criteria, with 
the specific site selected consistent with Appen-
dix D to part 58 of title 40, Code of Federal 
Regulations (as in effect on the date of enact-
ment of the Act): 
(i) The rates of childhood asthma, 
adult asthma, chronic obstructive pul-
monary disease, heart disease, or cancer 
are at least 5 percent higher than the na-
tional average for that condition in the 
census tract. 
(ii) The percentage of people living 
below the poverty level, that are above age 
18 without a high school diploma, or that 
are unemployed, is higher than the na-
tional average in the census tract. 
(iii) Two or more major sources (as 
defined in section 501 of the Clean Air Act 
(42 U.S.C. 7661)) are located within the 
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census tract or adjacent census tracts com-
bined. 
(iv) There is a higher-than-national- 
average population in the census tract of 
vulnerable or sensitive individuals who may 
be at greater risk than the general popu-
lation of adverse health effects from expo-
sure to 1 or more air pollutants for which 
national ambient air quality standards 
have been established pursuant to section 
109 of the Clean Air Act (42 U.S.C. 
7409). 
(2) SITING DETERMINATIONS.—In determining 
and approving sites for NCore multipollutant moni-
toring stations required under subsection (a), the 
Administrator shall— 
(A) invite proposals from or on behalf of 
residents of any community for the siting of the 
stations in that community, which may include 
inviting proposals through regional or virtual 
meetings; 
(B) prioritize siting of the stations in cen-
sus tracts or counties that the Administrator 
determines should be prioritized for siting based 
on— 
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(i) the potential for the levels of 1 or 
more air pollutants to be monitored by the 
stations to reach or exceed the level of the 
applicable national ambient air quality 
standard established pursuant to section 
109 of the Clean Air Act (42 U.S.C. 
7409); 
(ii) the number of people who live, 
work, or recreate in the area or areas for 
which monitoring by the stations is reason-
ably anticipated to be representative with 
respect to air quality and the proportion of 
those people who are at higher risk than 
the general population of adverse health ef-
fects from the air pollutants monitored; 
(iii) the lack or inadequacy of existing 
air quality monitors for providing rep-
resentative air quality data for the affected 
area or areas for the pollutants to be 
measured by the station; and 
(iv) the current designation of the 
area in which the monitoring station would 
be located as unclassifiable or attainment 
for one or more of the pollutants to be 
monitored by that station; and 
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(C) prior to making siting determina-
tions— 
(i) provide public notice of proposed 
siting locations— 
(I) in the Federal Register; 
(II) by email to persons who have 
requested notice of proposed siting de-
terminations; 
(III) by news release; and 
(IV) by posting on the public 
website of the Environmental Protec-
tion Agency; and 
(ii) provide an opportunity for public 
comment for not less than 30 days after 
the date of publication of the notice re-
quired under clause (i) in the Federal Reg-
ister. 
(3) RELIANCE ON HYBRID METHODS.—In de-
termining under paragraph (2)(B)(i) the potential 
for an air pollutant to reach or exceed the level of 
the applicable standard, the Administrator may rely 
on hybrid methods that combine information from 
multiple sources, including monitors, sensors, mod-
eling, and satellites. 
(e) ADDITIONAL AMBIENT MONITORS.— 
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(1) IN GENERAL.—The Administrator shall de-
ploy not fewer than 100 Federal reference method 
monitors or Federal equivalent method monitors for 
1 or more air pollutants for which national ambient 
air quality standards have been established pursuant 
to section 109 of the Clean Air Act (42 U.S.C. 
7409) in areas— 
(A) that are unmonitored or undermon-
itored, as determined by the Administrator; and 
(B) within which the Administrator deter-
mines, after public notice and comment, that 
adding those monitors is warranted— 
(i) to detect whether the area is in 
nonattainment of the applicable national 
ambient air quality standards; and 
(ii) to improve the publicly available 
data on air quality for 1 or more of those 
air pollutants (or precursors to those air 
pollutants). 
(2) SITING
DETERMINATIONS.—In approving 
sites for new Federal reference method monitors or 
Federal equivalent method monitors required under 
this subsection, the Administrator shall prioritize 
siting of the stations in census tracts or counties in 
accordance with subsection (d)(2)(B). 
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(3) RELATION TO PREVIOUSLY DEPLOYED OR 
PLANNED MONITORS.—The Federal reference meth-
od monitors required under this subsection shall be 
in addition to, and not in lieu of, any monitors al-
ready deployed or planned for deployment by the 
Administrator, any State, any other governmental 
entity, or any other entity prior to the date of enact-
ment of this Act. 
(f) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Administrator shall— 
(1) in coordination with the States, complete an 
assessment, which includes public input, on the sta-
tus of all ambient air quality monitors that are part 
of Federal, State, or local networks and used for de-
termining compliance with national ambient air 
quality standards; and 
(2) submit to the Congress and make available 
on the public website of the Environmental Protec-
tion Agency a report that includes— 
(A) a list of all monitors identified under 
paragraph (1); and 
(B) a schedule and plan to restore or re-
place all monitors included in the list under 
subparagraph (A) to full operation not later 
than 16 months of the date of enactment of 
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this Act, except that the schedule and plan shall 
not apply to monitors— 
(i) that have been discontinued in ac-
cordance with section 58.14(c) of title 40, 
Code of Federal Regulations (as in effect 
on the date of enactment of this Act); and 
(ii)(I) for which such discontinuation 
is not subject to a judicial challenge; or 
(II) for which a judicial challenge de-
scribed in subclause (I) has been fully re-
solved by a settlement or order that au-
thorizes discontinuation of such monitor. 
(g) DESIGNATIONS.—Not later than 2 years after the 
date on which data is received from a monitor sited pursu-
ant to this section that demonstrates that an area that 
is designated pursuant to section 107(d)(1) of the Clean 
Air Act (42 U.S.C. 7407(d)(1)) by the Administrator as 
in attainment or unclassifiable for an air pollutant is in 
violation of the applicable national ambient air quality 
standard, the Administrator shall redesignate pursuant to 
section 107(d)(3) of such Act (42 U.S.C. 7407(d)(3)) that 
area as in nonattainment for that pollutant unless the des-
ignation is otherwise precluded under this Act. 
(h) SATELLITE MONITORING.— 
(1) SATELLITE MONITORING DATA.— 
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(A) PROVISION OF SATELLITE DATA.—The 
Administrator of the Environmental Protection 
Agency may consult with the Administrator of 
the National Aeronautics and Space Adminis-
tration regarding data from the satellites of the 
National Aeronautics and Space Administration 
for use in calculating design values under any 
national ambient air quality standards for PM10 
and PM2.5. 
(B) REGULATIONS
REQUIRED.—The Ad-
ministrator of the Environmental Protection 
Agency may promulgate regulations to specify 
procedures (including any modeling techniques) 
for using data described in subparagraph (A) in 
combination with information from multiple 
sources, including monitors and modeling, to 
calculate the expected number of exceedances 
per year and the design values for PM10 and 
PM2.5 for purposes of determining compliance 
or noncompliance with the national ambient air 
quality standards for those pollutants. 
(2) NATIONAL
ACADEMY
OF
SCIENCES
RE-
PORT.— 
(A) IN GENERAL.—The Administrator may 
enter into an arrangement with the National 
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Academy of Sciences under which the National 
Academy of Sciences agrees to submit a report 
that describes the actions necessary, including 
new science and satellite assets to enable the 
contribution of satellite monitoring to the cal-
culation of design values and nonattainment de-
terminations under any national ambient air 
quality standards for ozone, oxides of nitrogen, 
and oxides of sulfur established pursuant to 
section 109 of the Clean Air Act (42 U.S.C. 
7409). 
(B) REGULATIONS REQUIRED.— 
(i) IN GENERAL.—Not later than De-
cember 31, 2023, the Administrator, in co-
ordination with the Administrator of the 
National Aeronautics and Space Adminis-
tration and the Administrator of the Na-
tional Oceanic and Atmospheric Adminis-
tration, shall promulgate regulations that 
provide a plan for the use of satellite moni-
toring data in calculating design values for 
the pollutants described in subparagraph 
(A). 
(ii) REQUIREMENT.—Not later than 
January 1, 2027, the Administrator shall 
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implement the plan required by clause (i) 
and provide for use of satellite data in cal-
culating design values for the pollutants 
described in subparagraph (A). 
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘design value’’ means, for each 
pollutant, the air quality statistic the Administrator 
defines in part 50 (including appendices) of title 40, 
Code of Federal Regulations, for comparison with 
the relevant national ambient air quality standard 
established under section 109 of the Clean Air Act 
(42 U.S.C. 7409), regardless of whether the regula-
tion (including appendices) in part 50 of title 40, 
Code of Federal Regulations, uses the term ‘‘design 
value’’. 
(i) MONITORING PLANS.—Notwithstanding any other 
provision of law, the Administrator may not approve a 
State monitoring plan under section 58.10 of title 40, 
Code of Federal Regulations (or successor regulations) un-
less— 
(1) the State provided, with respect to the State 
monitoring plan— 
(A) public notice; 
(B) not less than 45 days for public com-
ment; and 
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(C) an opportunity for public hearing; and 
(2) the Administrator— 
(A) proposes in the Federal Register to ap-
prove or disapprove of the State monitoring 
plan; 
(B) provides not less than 45 days for pub-
lic comment on the proposal described in sub-
paragraph (A); and 
(C) publishes in the Federal Register the 
final action on the proposal described in sub-
paragraph (A). 
(j) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this section $75,000,000 for fiscal year 2023. 
(2) USES.—The Administrator— 
(A) may use the amounts made available 
to carry out this section— 
(i) to directly deploy new or replace-
ment NCore multipollutant monitoring sta-
tions required under subsection (a); or 
(ii) to make grants under section 103 
or 105 of the Clean Air Act (42 U.S.C. 
7403; 7405) to State and local govern-
ments for deployment and operation of the 
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