Title: Crowd Sourcing of Environmental Data Act of 2017
Policy area: Environmental Protection

Summary:
Crowd Sourcing of Environmental Data Act of 2017
This bill amends the Clean Air Act to give states the option of monitoring lead, ozone, particulate matter, or sulfur dioxide by greatly increasing the number of air quality sensors under their state implementation plans.
The Environmental Protection Agency: (1) may not enforce a requirement concerning the method of monitoring unless the state is acting in bad faith, and (2) must allow states to base determinations on whether national ambient air quality standards for the air pollutants were exceeded on data derived from such monitoring.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1355 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1355

  To amend the Clean Air Act to give States the option of monitoring 
    covered criteria air pollutants in designated areas by greatly 
 increasing the number of air quality sensors in exchange for greater 
  regulatory flexibility in the methods of monitoring, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2017

Mr. Schweikert introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Clean Air Act to give States the option of monitoring 
    covered criteria air pollutants in designated areas by greatly 
 increasing the number of air quality sensors in exchange for greater 
  regulatory flexibility in the methods of monitoring, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crowd Sourcing of Environmental Data 
Act of 2017''.

SEC. 2. OPTION FOR EXPANDED MONITORING.

    (a) In General.--Section 110(a) of the Clean Air Act (42 U.S.C. 
7410(a)) is amended by inserting after paragraph (3) the following:
    ``(4) Option for Expanded Monitoring.--
            ``(A) In general.--Any State may include in a State 
        implementation plan a program for monitoring one or more 
        covered criteria air pollutants in one or more designated areas 
        by--
                    ``(i) continuing to use the monitoring system 
                (including for purposes of baseline measurements) that 
                was in operation as of the submission of the revision 
                to the plan; and
                    ``(ii) greatly increasing the number of air quality 
                sensors, which may include mobile sensors, for such 
                monitoring system.
            ``(B) State discretion.--Subject to subparagraphs (C) and 
        (D), the Administrator shall allow a State to make a revision 
        to a State implementation plan in accordance with subparagraph 
        (A) at the State's discretion.
            ``(C) Ensuring quality.--On an annual basis, each State 
        that conducts monitoring pursuant to this paragraph, as a 
        condition on the continuation of such monitoring, shall 
        demonstrate to the Administrator that the quality of the data 
        produced through such monitoring is at least as good as the 
        quality of the data that would be produced for the respective 
        air pollutants in the respective designated areas if the State 
        did not exercise the option to conduct monitoring pursuant to 
        this paragraph.
            ``(D) Review by administrator.--A State's annual 
        demonstration under subparagraph (C) is deemed to have met the 
        standard described in such subparagraph unless the 
        Administrator issues a written response--
                    ``(i) finding that such standard is not met; and
                    ``(ii) explaining the basis for such finding.
            ``(E) Greater regulatory flexibility.--With respect to each 
        designated area in which a State conducts monitoring pursuant 
        to this paragraph, subject to subparagraphs (C) and (D), the 
        Administrator--
                    ``(i) shall not take any action to enforce any 
                requirement concerning the method of monitoring the 
                criteria air pollutant involved in the area involved, 
                unless the Administrator finds that the applicant is 
                acting in bad faith; and
                    ``(ii) shall allow the State involved to base any 
                determination on whether an exceedance of the national 
                ambient air quality standard for the criteria air 
                pollutant involved has occurred on data derived from 
                monitoring pursuant to this paragraph.
            ``(F) Definitions.--In this paragraph:
                    ``(i) The term `covered criteria air pollutant' 
                means an air pollutant for which air quality criteria 
                have been issued under section 108(a), except that such 
                term does not include carbon monoxide or nitrogen 
                dioxide.
                    ``(ii) The term `designated area' means an area 
                that is designated under section 107(d) as being in 
                nonattainment, in attainment, or unclassifiable.''.
    (b) Regulations.--Not later than 12 months after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall promulgate final regulations to implement 
section 110(a)(4) of the Clean Air Act, as added by subsection (a). 
Such regulations shall specify how a State must demonstrate to the 
Administrator, as required by subparagraph (C) of such section 
110(a)(4), that the quality of the data produced through monitoring 
pursuant to such section 110(a)(4) is at least as good as the quality 
of the data that would be produced for the respective air pollutants in 
the respective areas if the State did not exercise the option to 
conduct monitoring pursuant to such section 110(a)(4).
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