I 
116TH CONGRESS 
2D SESSION 
H. R. 7822 
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 indus-
trial 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 
JULY 29, 2020 
Ms. BLUNT ROCHESTER (for herself, Mr. MCEACHIN, Ms. JAYAPAL, Ms. 
BARRAGA´N, and Mr. RUSH) introduced the following bill; which was re-
ferred to the Committee on Energy 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 immediate toxic air monitoring at the fenceline 
of facilities with pollution linked to local health threats; 
to ensure the Environmental Protection Agency promul-
gates rules that require fenceline air monitoring in com-
munities with air polluting industrial source categories; 
to expand and strengthen the national ambient air qual-
ity monitoring network; to deploy air sensors in commu-
nities affected by air pollution, and for other purposes. 
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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 ‘‘Public Health Air 
Quality Act of 2020’’. 
SEC. 2. HEALTH EMERGENCY AIR TOXICS MONITORING. 
(a) MONITORING.—Not later than 120 days after the 
date of enactment of this Act, the Administrator shall 
carry out a program to administer or conduct, pursuant 
to authority provided under the Clean Air Act (42 U.S.C. 
7401 et seq.), including section 114 of such Act (42 
U.S.C. 7414), the best available form of fenceline moni-
toring of stationary sources of hazardous air pollutants 
that are on the list developed under subsection (c). 
(b) PUBLICATION OF RESULTS.—The Administrator 
shall publish and maintain the results of all fenceline mon-
itoring conducted under the program under subsection (a) 
on the website of the Environmental Protection Agency 
for a period of at least 5 years. 
(c) LIST OF SOURCES.— 
(1) DEVELOPMENT.—The Administrator shall 
develop a list of stationary sources of hazardous air 
pollutants that includes— 
(A) the 25 high-priority facilities listed in 
Appendix A of the Environmental Protection 
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Agency’s Office of Inspector General Report 
#20–N–0128 (March 31, 2020); and 
(B) at least another 25 major sources or 
synthetic area sources. 
(2) REQUIREMENTS.—The Administrator may 
include a stationary source on the list developed 
under paragraph (1) only if the source— 
(A) emits at least one of the pollutants de-
scribed in paragraph (3); 
(B) is— 
(i) located in, or within 3 miles of, a 
census tract with— 
(I) a cancer risk of at least 100- 
in-1 million; or 
(II) a chronic non-cancer hazard 
index that is above 1 based on the 
most recent National Air Toxics As-
sessment; or 
(ii) in a source category with— 
(I) a cancer risk that is at least 
50-in-1 million; 
(II) a total organ-specific hazard 
index for chronic non-cancer risk that 
is greater than 1; or 
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(III) 
an 
acute 
risk 
hazard 
quotient that is greater than 1; and 
(C) is— 
(i) classified in one or more of North 
American Industry Classification System 
codes 322, 324, 325; or 
(ii) required to prepare and implement 
a risk management plan pursuant to sec-
tion 112(r) of the Clean Air Act (42 
U.S.C. 7412(r)) and had an accidental re-
lease required to be reported during the 
previous 3 years pursuant to section 68.42 
or 68.195 of title 40 Code of Federal Reg-
ulations (as in effect on the date of enact-
ment of this Act). 
(3) POLLUTANTS.—The pollutants described in 
this paragraph are ethylene oxide, chloroprene, ben-
zene, 1,3-butadiene, and formaldehyde. 
(d) METHODS AND TECHNOLOGIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), in carrying out the program under sub-
section (a), the Administrator shall— 
(A) for each stationary source on the list 
developed under subsection (c)(1), employ, as 
necessary to monitor the pollutants described in 
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subsection (c)(3) emitted by such stationary 
source, at least— 
(i) Method 325A and Method 325B; 
and 
(ii) Method TO–15; and 
(B) for each of the 10 stationary sources 
on such list that either emit the greatest volume 
of pollutants described in subsection (c)(3), or 
cause the greatest health risk as determined by 
the Administrator based on a residual risk as-
sessment 
performed 
pursuant 
to 
section 
112(f)(2) of the Clean Air Act (42 U.S.C. 
7412(f)(2)) or based on the most recent Na-
tional Air Toxics Assessment due to such emis-
sions individually, as a group, or cumulatively 
with all hazardous air pollutants emitted by 
such sources, and for any other stationary 
source on such list for which application of the 
methods described in subparagraph (A) alone 
will not be sufficient to monitor and report any 
such pollutants that are emitted by such sta-
tionary source, employ— 
(i) optical remote sensing technology 
to provide real-time measurements of air 
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pollutant concentrations along an open- 
path; or 
(ii) other monitoring technology with 
the ability to provide real-time spatial and 
temporal data to understand the type and 
amount of emissions. 
(2) UPDATES.— 
(A) METHOD 325A AND METHOD 325B.—If 
the Administrator determines it necessary to 
update Method 325A and Method 325B to im-
plement this section, the Administrator shall 
update such Method 325A and Method 325B 
not later than 90 days after the date of enact-
ment of this Act. 
(B) NEW TEST METHOD.—If the Adminis-
trator determines it necessary to approve a new 
test method to implement this section, the Ad-
ministrator shall finalize such a method not 
later than 1 year after the date of enactment of 
this Act. 
(e) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Administrator shall re-
port on the results of the program carried out under sub-
section (a), including— 
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(1) the results of fenceline monitoring imple-
mented under the program under subsection (a); 
(2) any enforcement, regulatory, or permitting 
actions taken based on such fenceline monitoring; 
and 
(3) whether the Administrator proposes to con-
tinue fenceline monitoring at any or all of the sta-
tionary sources on the list developed under sub-
section (c)(1), or to implement fenceline monitoring 
of any additional stationary sources as determined 
under subsection (f). 
(f) 
DETERMINATION
REGARDING
ADDITIONAL 
SOURCES.—Not later than 3 months before the program 
under subsection (a) terminates, the Administrator shall 
make a determination, and publish such determination in 
the Federal Register, on whether to add fenceline moni-
toring for any stationary sources to— 
(1) ensure compliance of such stationary 
sources with existing emission standards under sec-
tion 112 of the Clean Air Act (42 U.S.C. 7412); 
(2) prevent accidental releases; or 
(3) protect the health of the communities most 
exposed to the emissions of hazardous air pollutants 
from such stationary sources to the greatest extent 
possible. 
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(g) DETERMINATION REGARDING EMISSION FAC-
TORS.—Not later than 3 months before the program 
under subsection (a) terminates, the Administrator shall 
complete an evaluation and promulgate a determination 
whether any existing emission factors must be updated to 
better reflect or account for the results of fenceline moni-
toring data collected pursuant to Method 325A or 325B 
or the program under subsection (a). 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$73,000,000 for fiscal year 2021. 
SEC. 3. COMMUNITY AIR TOXICS MONITORING. 
(a) REGULATIONS.—Not later than one year after the 
date of enactment of this Act, the Administrator shall pro-
mulgate regulations pursuant to section 112(d) of the 
Clean Air Act (42 U.S.C. 7412(d)) for each source cat-
egory described in subsection (b), that— 
(1) require all sources in such source category 
to implement the best available form of continuous 
emissions monitoring and fenceline monitoring to as-
sure compliance with the emission standards for haz-
ardous air pollutants; 
(2) for facilities in such source category that 
are required to submit risk management plans under 
section 112(r) of the Clean Air Act, to prevent acci-
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dental releases and provide for effective emergency 
response; 
(3) establish a corrective action level at the 
fenceline for at least the top 3 hazardous air pollut-
ants that drive the cancer, chronic non-cancer, or 
acute risk for the source category; and 
(4) require a root cause analysis and con-
sequences if such corrective action level is exceeded. 
(b) SOURCE CATEGORIES.—The source categories de-
scribed in this subsection shall include each category or 
subcategory of major sources or area sources containing— 
(1) at least one of the stationary sources of 
hazardous air pollutants that are on the list devel-
oped under section 2(c); 
(2) major sources or area sources identified in 
the most recent National Emissions Inventory of the 
Environmental Protection Agency as emitting ethyl-
ene oxide, chloroprene, 1–3 butadiene, benzene, or 
formaldehyde; 
(3) chemical, petrochemical, or plastics manu-
facturing sources or marine vessel loading oper-
ations; and 
(4) any other major sources of fugitive haz-
ardous air pollutant emissions for which the Envi-
ronmental Protection Agency is subject to a court- 
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ordered or statutory deadline, engaged in a reconsid-
eration proceeding, or subject to a court remand to, 
not later than 2 years after the date of enactment 
of this Act, review and determine whether to revise 
the emissions standards that apply to such sources. 
(c) DETERMINATION OF BEST AVAILABLE FORM OF 
MONITORING.—The Administrator, in consultation with 
the Office of Air Quality Planning and Standards, the Of-
fice of Enforcement and Compliance Assurance, and the 
Office of Environmental Justice, shall, for purposes of the 
regulations promulgated pursuant to subsection (a), deter-
mine the best available form of continuous emissions mon-
itoring and fenceline monitoring and shall ensure the 
methods required are at least as stringent as Method 
325A and Method 325B. 
(d) METHODS AND TECHNOLOGIES.—For all sta-
tionary sources in the source categories under subsection 
(b), the Administrator shall, in the regulations promul-
gated pursuant to subsection (a)— 
(1) require application, implementation, or em-
ployment of— 
(A) Method TO–15 or optical remote sens-
ing technology to provide real-time measure-
ments of air pollutant concentrations along an 
open-path; or 
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(B) other monitoring technology with the 
ability to provide real-time spatial and temporal 
data to understand the type and amount of 
emissions; or 
(2) provide an explanation of why application of 
Method TO–15 or the technologies described in 
paragraph (1) is not necessary— 
(A) to assure compliance with the emission 
standards established under the regulations 
promulgated pursuant to subsections (d) and 
(f) of section 112 of the Clean Air Act (42 
U.S.C. 7412), as applicable; or 
(B) to protect the public health. 
(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 take a precautionary approach to ensure that, 
if the monitored concentration at the fenceline hits a level 
that has potential to cause any person to experience im-
paired quality of life, become ill, or die from cancer or 
any other chronic or acute health impairment related to 
short- or long-term air pollution exposure (including any 
fetal exposure that begins in utero), that the facility must 
reduce its emissions to prevent such harm. 
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(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$17,500,000 for fiscal year 2021. 
SEC. 4. CRITERIA POLLUTANT/NAAQS MONITORING NET-
WORK. 
(a) DEPLOYMENT
OF NCORE MULTIPOLLUTANT 
MONITORING STATIONS.—The Administrator shall re-
quire the deployment of an additional 80 NCore multi-
pollutant monitoring stations. 
(b) DEADLINE.—Not later than 12 months after the 
date of enactment of this Act, the Administrator shall en-
sure all NCore multipollutant monitoring stations required 
to be deployed under subsection (a) are installed and inte-
grated into the air quality monitoring system established 
pursuant to section 319 of the Clean Air Act (42 U.S.C. 
7619). 
(c) MONITORING RESULTS.—Monitoring results from 
NCore multipollutant stations deployed pursuant to sub-
section (a) shall be used for purposes of comparison to 
national ambient air quality standards, and for such other 
purposes as the Administrator determines will promote the 
protection of public health from air pollution. 
(d) LOCATIONS.— 
(1) VULNERABLE POPULATIONS.— 
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(A) CENSUS TRACTS.—The Administrator 
shall ensure that at least 40 of the NCore 
multipollutant monitoring stations required 
under subsection (a) are sited in census tracts 
that each meet one or more of the following cri-
teria: 
(i) The rates of childhood asthma, 
adult asthma, chronic obstructive pul-
monary disease, heart disease, or cancer 
are higher than the national average for 
such 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(2) of the Clean Air 
Act (42 U.S.C. 7661(2))) are located with-
in the census tract and adjacent census 
tracts combined. 
(iv) COVID–19 death rates are at 
least 10 percent higher than the national 
average in the census tract. 
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(v) There is a higher than average 
population in the census tract of vulnerable 
or sensitive individuals who may be at 
greater risk than the general population of 
adverse health effects from exposure to one 
or more air pollutants for which national 
ambient air quality standards have been 
established pursuant to the Clean Air Act 
(42 U.S.C. 7401 et seq.), including in-
fants, children, pregnant women, workers, 
the elderly, or individuals living in an envi-
ronmental justice community. 
(B) LIMITATION.—Not more than 1 of the 
NCore multipollutant monitoring stations de-
scribed in subparagraph (A) may be sited with-
in the same metropolitan statistical area, mu-
nicipality, or county. 
(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 a community for the siting of such 
stations in such community; 
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(B) prioritize siting of such stations in 
census tracts or counties with per capita death 
rates from COVID–19 that are at least 10 per-
cent higher than the national average, as of the 
date of enactment of this Act or the date of the 
proposal; and 
(C) prior to making siting determinations, 
provide public notice of proposed siting loca-
tions and provide an opportunity for public 
comment for at least 30 days thereafter— 
(i) in the Federal Register, by email 
to persons who have requested notice of 
proposed siting determinations; by news re-
lease; and 
(ii) by posting on the public website of 
the Environmental Protection Agency. 
(e) REPORT.—Not later than 4 months 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 to determine whether each such 
monitor is operational; and 
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(2) report to Congress, and publish on the pub-
lic website of the Environmental Protection Agency, 
a list of all non-operational monitors and an accom-
panying schedule and plan to restore all such mon-
itors into full operation within one year. 
(f) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this section $61,000,000 for fiscal year 2021. 
(2) USES.—The Administrator— 
(A) may use amounts made available to 
carry this section to— 
(i) directly to deploy NCore multi-
pollutant 
monitoring 
stations 
required 
under subsection (a); or 
(ii) make grants under section 105 of 
the Clean Air Act to State and local gov-
ernments for deployment and operation of 
such NCore multipollutant monitoring sta-
tions; and 
(B) shall use at least 5 percent, but not 
more than 10 percent, of amounts made avail-
able to carry out this section to perform main-
tenance and repairs necessary to restore to op-
eration to currently non-operational monitors 
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located in nonattainment areas for ozone or 
PM2.5. 
SEC. 5. SENSOR MONITORING. 
(a) DEPLOYMENT OF AIR QUALITY SENSORS.—Not 
later than 6 months after the date of enactment of this 
Act, the Administrator shall deploy at least 1,000 air qual-
ity sensors, that each cost $2,000 or less, in census tracts 
or counties with per capita death rates from COVID–19 
that are at least 10 percent higher than the national aver-
age as of the date of enactment of this Act. 
(b) POLLUTANTS.—Each sensor deployed pursuant 
to subsection (a) shall measure ozone, PM2.5, or sulfur 
dioxide. The Administrator shall determine which pollut-
ant or pollutants to monitor based on the pollution sources 
affecting the area in which the sensor is to be deployed. 
(c) PRIORITY.—The Administrator shall give priority 
for deployment of sensors pursuant to subsection (a) to 
census tracts or counties that— 
(1) lack SLAMS for the pollutant or pollutants 
that sensors would be deployed to measure; 
(2) have, or are substantially impacted by, sig-
nificant emissions of ozone, PM2.5, or sulfur diox-
ide; and 
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