Title: Crowd Sourcing of Environmental Data Act of 2021
Policy area: Environmental Protection

Summary:
Crowd Sourcing of Environmental Data Act of 2021
This bill authorizes states to monitor certain criteria air pollutants (i.e., 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 if the derived data meets quality standards, and (2) must allow states to consider data derived from such methods when determining whether national ambient air quality standards for criteria air pollutants were exceeded.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 283 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 283

  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

                            January 12, 2021

Mr. Schweikert (for himself and Mr. Cardenas) 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 2021''.

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 meets all applicable data 
        quality standards under this Act.
            ``(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, the Administrator--
                    ``(i) shall not require any particular method of 
                monitoring to be used or not used, so long as the data 
                derived from such monitoring meets all applicable data 
                quality standards under this Act, as described in 
                subparagraph (C); and
                    ``(ii) shall allow the State involved to consider 
                data derived from monitoring pursuant to this paragraph 
                in making any determination on whether an exceedance of 
                the national ambient air quality standard for the 
                criteria air pollutant involved has occurred.
            ``(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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