[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4369 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4369

   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 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 SENATE OF THE UNITED STATES

                             July 29, 2020

 Ms. Duckworth (for herself, Mr. Booker, Ms. Warren, Mr. Merkley, Mr. 
 Markey, and Mr. Durbin) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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 
promulgates rules that require fenceline air monitoring in communities 
    with air polluting 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.

    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 ``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 monitoring 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 monitoring 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 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 described 
                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 Assessment; 
                                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
                                    (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 section 112(r) 
                        of the Clean Air Act (42 U.S.C. 7412(r)) and 
                        had an accidental release required to be 
                        reported during the previous 3 years pursuant 
                        to section 68.42 or 68.195 of title 40 Code of 
                        Federal Regulations (as in effect on the date 
                        of enactment of this Act).
            (3) Pollutants.--The pollutants described in this paragraph 
        are ethylene oxide, chloroprene, benzene, 1,3-butadiene, and 
        formaldehyde.
    (d) Methods and Technologies.--
            (1) In general.--Except as provided in paragraph (2), in 
        carrying out the program under subsection (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 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 assessment 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 National Air 
                Toxics Assessment due to such emissions 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 stationary source, 
                employ--
                            (i) optical remote sensing technology to 
                        provide real-time measurements of air 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 implement this section, the 
                Administrator shall update such Method 325A and Method 
                325B not later than 90 days after the date of enactment 
                of this Act.
                    (B) New test method.--If the Administrator 
                determines it necessary to approve a new test method to 
                implement this section, the Administrator 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 report on the results of the 
program carried out under subsection (a), including--
            (1) the results of fenceline monitoring implemented 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 continue 
        fenceline monitoring at any or all of the stationary sources on 
        the list developed under subsection (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 
monitoring for any stationary sources to--
            (1) ensure compliance of such stationary sources with 
        existing emission standards under section 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.
    (g) Determination Regarding Emission Factors.--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 monitoring 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 promulgate regulations 
pursuant to section 112(d) of the Clean Air Act (42 U.S.C. 7412(d)) for 
each source category 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 assure compliance with 
        the emission standards for hazardous 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 accidental releases and 
        provide for effective emergency response;
            (3) establish a corrective 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 
        category; and
            (4) require a root cause analysis and consequences if such 
        corrective action level is exceeded.
    (b) Source Categories.--The source categories described 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 developed 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 ethylene oxide, chloroprene, 1-3 
        butadiene, benzene, or formaldehyde;
            (3) chemical, petrochemical, or plastics manufacturing 
        sources or marine vessel loading operations; and
            (4) any other major sources of fugitive hazardous air 
        pollutant emissions for which the Environmental Protection 
        Agency is subject to a court-ordered or statutory deadline, 
        engaged in a reconsideration 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 Office of Enforcement and Compliance Assurance, and 
the Office of Environmental Justice, shall, for purposes of the 
regulations promulgated pursuant to subsection (a), determine the best 
available form of continuous emissions monitoring 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 stationary sources in the 
source categories under subsection (b), the Administrator shall, in the 
regulations promulgated pursuant to subsection (a)--
            (1) require application, implementation, or employment of--
                    (A) Method TO-15 or optical remote sensing 
                technology to provide real-time measurements of air 
                pollutant concentrations along an open-path; or
                    (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 Administrator 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 impaired 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.
    (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 NETWORK.

    (a) Deployment of NCore Multipollutant Monitoring Stations.--The 
Administrator shall require an additional 80 NCore multipollutant 
monitoring stations.
    (b) Deadline.--Not later than 12 months after the date of enactment 
of this Act, the Administrator shall ensure all NCore multipollutant 
monitoring stations required to be deployed under subsection (a) are 
installed and integrated 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 subsection (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.--
                    (A) Census tracts.--The Administrator shall ensure 
                that at least 40 of the NCore multi-pollutant 
                monitoring stations required under subsection (a) are 
                sited in census tracts that each meet one or more of 
                the following criteria:
                            (i) The rates of childhood asthma, adult 
                        asthma, chronic obstructive pulmonary 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 national 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 within 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.
                            (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 infants, children, pregnant 
                        women, workers, the elderly, or individuals 
                        living in an environmental justice community.
                    (B) Limitation.--Not more than 1 of the NCore 
                multipollutant monitoring stations described in 
                subparagraph (A) may be sited within the same 
                metropolitan statistical area, municipality, or county.
            (2) Siting determinations.--In determining and approving 
        sites for NCore multipollutant monitoring 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;
                    (B) prioritize siting of such stations in census 
                tracts or counties with per capita death rates from 
                COVID-19 that are at least 10 percent 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 locations 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 release; 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 status of all 
        ambient air quality monitors that are part of Federal, State, 
        or local networks and used for determining compliance with 
        national ambient air quality standards to determine whether 
        each such monitor is operational; and
            (2) report to Congress, and publish on the public website 
        of the Environmental Protection Agency, a list of all non-
        operational monitors and an accompanying schedule and plan to 
        restore all such monitors 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 multipollutant 
                        monitoring stations required under subsection 
                        (a); or
                            (ii) make grants under section 105 of the 
                        Clean Air Act to State and local governments 
                        for deployment and operation of such NCore 
                        multipollutant monitoring stations; and
                    (B) shall use at least 5 percent, but not more than 
                10 percent, of amounts made available to carry out this 
                section to perform maintenance and repairs necessary to 
                restore to operation to currently non-operational 
                monitors 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 quality 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 average 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 pollutant 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, significant 
        emissions of ozone, PM2.5, or sulfur dioxide; and
            (3) are not part of an area designated as nonattainment 
        under the Clean Air Act for the air pollutant or pollutants to 
        be monitored.
    (d) Contracts.--The Administrator shall contract with qualified 
nonprofit organizations and State and local air pollution control 
agencies to execute deployment of the monitors in a manner that will 
ensure representative measurement of ambient air quality, and provide 
the public with real-time online access to the data collected.
    (e) Determination and Installation.--Not later than 6 months after 
one year of monitoring with sensors deployed pursuant to subsection (a) 
has been completed, the Administrator shall determine whether data from 
the sensor or sensors deployed in a census track or county show air 
pollution levels during such year reached 98 percent of the national 
ambient air quality standard for any of the air pollutants described in 
subsection (b), and not later than 6 months after such determination, 
the Administrator shall ensure that Federal Reference Method monitors 
or Federal Equivalent Method monitors are installed and in operation 
within the census tract or county for each pollutant that reached or 
exceeded the 98 percent level.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,500,000.

SEC. 6. ENVIRONMENTAL HEALTH DISPARITIES RESEARCH GRANT PROGRAMS.

    (a) Centers of Excellence on Environmental Health Disparities 
Research Grants.--The Director of the National Institutes of Health, in 
coordination with the National Center for Environmental Research at the 
Environmental Protection Agency, shall carry out a Centers of 
Excellence on Environmental Health Disparities Research grant program. 
Such program shall establish and support no fewer than 10 research 
centers with 5 year awards to--
            (1) conduct basic and applied research on environmentally 
        driven health disparities;
            (2) establish, develop, or expand collaborations with other 
        researchers and organizations involved in environmental health 
        disparities and affected communities;
            (3) disseminate scientific knowledge to other researchers 
        and members of affected communities;
            (4) recruit and mentor investigators to conduct 
        environmental health disparities research, including 
        investigators from health disparities populations; and
            (5) other activities, as determined by the Director.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this program $15,000,000 for each of fiscal 
years 2021 thru 2026.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Accidental release.--The term ``accidental release'' 
        has the meaning given such term in section 112(r) of the Clean 
        Air Act (42 U.S.C. 7412(r)).
            (3) Area source; existing source; hazardous 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 meaning given such 
        terms in section 112(a) of the Clean Air Act (42 U.S.C. 
        7412(a)).
            (4) COVID-19.--The term ``COVID-19'' means the novel 
        coronavirus disease 2019 that is the subject of the declaration 
        of a public health emergency by the Secretary of Health and 
        Human Services pursuant to section 319 of the Public Health 
        Service Act (42 U.S.C. 247d) on January 27, 2020.
            (5) Method 325a.--The term ``Method 325A'' means the Air 
        Emission Measurement Center promulgated test method titled 
        ``Volatile Organic Compounds from Fugitive and Area Sources: 
        Sampler Deployment and VOC Sample Collection''.
            (6) Method 325b.--The term ``Method 325B'' means the Air 
        Emission Measurement Center promulgated test method titled 
        ``Volatile Organic Compounds from Fugitive and Area Sources: 
        Sampler Preparation and Analysis.''
            (7) Method to-15.--The term ``Method TO-15'' means the test 
        method titled ``Determination of Volatile Organic Compounds 
        (VOCs) In Air Collected In Specially-Prepared Canisters And 
        Analyzed By Gas Chromatography Mass Spectrometry (GC/MS)'' 
        published in Compendium of Methods for the Determination of 
        Toxic Organic Compounds in Ambient Air, Second Edition.
            (8) Ncore and slams.--The terms ``NCore'' and ``SLAMS'' 
        have the meaning given such terms in section 58.1 of title 40, 
        Code of Federal Regulations (as in effect on the date of 
        enactment of this Act).
            (9) Synthetic area source.--The term ``synthetic area 
        source'' has the meaning given ``synthetic minor HAP source'' 
        in section 49.152 of title 40, Code of Federal Regulations (or 
        successor regulations).
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