[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9386 Introduced in House (IH)]

<DOC>






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 electronic 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) 
 introduced the following bill; which was referred 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 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 electronic 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.

    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 ``Better Data for Cleaner Air Act of 
2022''.

SEC. 2. 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 the term in section 112(r)(2) of the 
        Clean Air Act (42 U.S.C. 7412(r)(2)).
            (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 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 of monitors, testing 
        equipment, tools, and processes employed at a facility to 
        measure emissions from direct and fugitive points at a source 
        or facility or at the source's or facility's fenceline that 
        employs Environmental Protection Agency-approved or promulgated 
        test methods for all measured pollutants for which a method is 
        available.
            (5) Federal equivalent method; federal reference method.--
        The terms ``Federal equivalent method'' and ``Federal reference 
        method'' have the meanings given to such terms in section 53.1 
        of title 40, Code of Federal Regulations (or to the same or 
        substantially similar terms in successor regulations).
            (6) Method 325a.--The term ``Method 325A'' means the most 
        current version of the test method 325A published by the 
        Environmental Protection Agency.
            (7) Method 325b.--The term ``Method 325B'' means the most 
        current version of the test method 325B published by the 
        Environmental Protection Agency.
            (8) Method to-15a.--The term ``Method TO-15A'' means the 
        most current version of the test method TO-15 (including TO-
        15A) published by the Environmental Protection Agency.
            (9) National ambient air quality standard.--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 pollutant 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 Air Act (42 U.S.C. 7401 et 
                seq.), including sections 103 and 114 of that Act (42 
                U.S.C. 7403, 7414), emissions measurement and 
                quantification, including the best available form of 
                fenceline monitoring of stationary sources of hazardous 
                air pollutants that are on the list developed under 
                subsection (c), including through expansion of the 
                National Air Toxics Trends Station network or through 
                creating a new network, 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 required 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 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 additional 
                        sources, following the process for substitution 
                        of sources in subsection (g).
                    (C) Shortened period.--If the Administrator 
                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 Administrator may decrease or 
                end the monitoring after at least 3 years of monitoring 
                has occurred.
                    (D) Additional inspections and testing.--In 
                addition to fenceline monitoring under the program 
                under this subsection, the Administrator shall use the 
                Administrator's full authority 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.--
            (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 
        Protection 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 Administrator shall ensure 
        that the monitoring data described in paragraph (1) is made 
        publicly available under that paragraph as expeditiously as 
        practicable, and not later than 7 days after electronic 
        submission, 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 notice and comment, a list of 
                stationary sources of hazardous air pollutants that, 
                subject to subparagraph (B), includes--
                            (i) at least 45 of the sources listed--
                                    (I) as high-priority facilities in 
                                Appendix A of the report of the Office 
                                of Inspector General of the 
                                Environmental Protection Agency 
                                numbered 20-N-0128 and dated March 31, 
                                2020; or
                                    (II) as contributing to high cancer 
                                risk at the census block level in 
                                Appendix C of the report of the Office 
                                of Inspector General of the 
                                Environmental 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 described 
                        in paragraph (2).
                    (B) Substitution.--
                            (i) In general.--If the Administrator 
                        determines that a source described in 
                        subparagraph (A)(i) no longer contributes to 
                        high health risks or impacts, the Administrator 
                        shall--
                                    (I) cease to include that source in 
                                the list under subparagraph (A); and
                                    (II) include instead an additional 
                                major source or area source described 
                                in subparagraph (A)(ii) to ensure that 
                                the list under subparagraph (A) 
                                includes 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 
                                demonstrating, 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 
                                pollution.
                            (iii) Requirement.--The Administrator may 
                        include an additional major source or area 
                        source under clause (i)(II) only if the 
                        Administrator determines that the source is, or 
                        is likely to be, contributing local health 
                        risks or impacts that are equivalent to, or 
                        greater than, those of the source for which the 
                        new source is being substituted.
            (2) Criteria.--The Administrator may include a major source 
        or area source described in clause (ii) of paragraph (1)(A) on 
        the list described in that paragraph only if the source--
                    (A) emits at least 1 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-1,000,000; or
                                    (II) a chronic non-cancer hazard 
                                index that is greater than 1; or
                            (ii) in a source category with--
                                    (I) a cancer risk that is at least 
                                50-in-1,000,000 for the individual most 
                                exposed to emissions from the source 
                                category;
                                    (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 implement a risk 
                management plan pursuant to section 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 emissions 
                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.
            (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 included 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, serious 
                        health risks; and
                            (ii) warrant emissions quantification and 
                        measurement; and
                    (M) any pollutant that is a precursor to 
                atmospheric photochemical production of any other 
                pollutant on such list.
            (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 recent Air Toxics Screening 
                        Assessment or other current evaluation or 
                        report by the Environmental Protection Agency 
                        providing 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 category; or
                            (iv) a new health risk assessment performed 
                        by the Administrator that--
                                    (I) follows the best available 
                                science (including the most recent 
                                guidance from the National Academy of 
                                Sciences); and
                                    (II) considers, to the greatest 
                                extent 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 
                                        exposure; 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 monitoring 
                        data for which an Environmental Protection 
                        Agency-approved data quality check has been 
                        performed.
    (d) Methods and Technologies.--
            (1) In general.--Except as provided in paragraph (3), in 
        carrying out the program under subsection (a), the 
        Administrator shall for each stationary 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 Protection 
                Agency-approved or promulgated emission test or 
                monitoring method, including Methods 325A, 325B, and 
                TO-15 or the most current 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 pollutant 
                concentrations.
            (2) Stationary sources described.--A stationary 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--
                            (i) emits the greatest volume of pollutants 
                        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 
                                Protection Agency's latest evaluations 
                                and methods of compiling and evaluating 
                                information about risks from air 
                                toxics, or the most recent Air Toxics 
                                Screening Assessment or other current 
                                evaluation or report by the 
                                Environmental Protection Agency 
                                providing similar information about 
                                cancer and noncancer risks from 
                                hazardous air pollution based on 
                                measured or modeled emissions;
                                    (bb) the Risk-Screening 
                                Environmental Indicators model of the 
                                Administrator;
                                    (cc) a prior health risk assessment 
                                that was performed by the Administrator 
                                for the applicable source or source 
                                category; or
                                    (dd) a new health risk assessment 
                                performed by the Administrator that--
                                            (AA) follows the best 
                                        available science (including 
                                        the most recent guidance from 
                                        the National Academy of 
                                        Sciences); and
                                            (BB) considers, to the 
                                        greatest extent practicable, 
                                        with respect to the applicable 
                                        source or facility, cumulative 
                                        risks and impacts, increased 
                                        vulnerability that results from 
                                        socioeconomic disparities, 
                                        multiple source exposure, and 
                                        exposure in utero, in 
                                        childhood, and through the age 
                                        of 85; and
                                    (II) the most recent emission tests 
                                available to the Environmental 
                                Protection Agency or received in public 
                                comment, and any fenceline or ambient 
                                monitoring data for which an 
                                Environmental Protection Agency-
                                approved data quality check has been 
                                performed;
                    (B) any other stationary source on the list 
                published under subsection (c)(1) that is regulated 
                under section 112(r)(7) of the Clean Air Act (42 U.S.C. 
                7412(r)(7)) and has had an accidental 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 application 
                of the methods described in subparagraph (A) alone will 
                not be sufficient to monitor and report the pollutants 
                described in subsection (c)(3) that are emitted by that 
                stationary source.
            (3) Updates.--
                    (A) Approved or promulgated methods.--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
                            (ii) otherwise strengthen the test methods 
                        described in clause (i) to support effective 
                        hazardous air pollutant measurement 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 effective fenceline 
                        monitoring of all pollutants and sources 
                        described in this section, including--
                                    (I) at least 1 method that 
                                represents the best and most accurate 
                                form of continuous, real-time fenceline 
                                monitoring; and
                                    (II) at least 1 method that 
                                represents 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 necessary, after public 
                        notice and comment, 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 
                                Environmental Protection Agency 
                                responsible 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 maintain, or ensure placement and 
        regular maintenance of, all monitors required under this 
        section to ensure effective and reliable emissions measurement 
        pursuant to this section.
            (2) Maintenance check.--The maintenance required under 
        paragraph (1) shall include a maintenance 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.
            (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 monitor.
    (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 implemented under 
        that program;
            (2) any actions of the Administrator taken based on that 
        emissions measurement data or program; 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
                    (B) to implement emissions measurements of any 
                additional stationary sources as determined under 
                subsection (g).
    (g) Determination Regarding Additional Sources.--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--
            (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 stationary sources 
                with existing emission standards under section 112 of 
                the Clean Air Act (42 U.S.C. 7412);
                    (B) to prevent and detect accidental releases;
                    (C) to protect the health of the communities most 
                exposed to the emissions of hazardous 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 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 promulgate 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 promulgation of the 
        regulations, the best available form of emissions measurement, 
        including continuous emissions monitoring and fenceline 
        monitoring, to ensure compliance with the emission standards 
        for hazardous air pollutants;
            (2) for facilities in the source category that are required 
        to submit risk management plans under 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 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;
            (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 exceedance 
                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 occurred; and
            (5) treat any requirement imposed by the regulations 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 described 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, petrochemical, 
                        or plastics manufacturing sources, marine 
                        vessel loading operations, or other sources 
                        that are classified in 1 or more of North 
                        American Industry Classification System codes 
                        322, 324, 325, 326, 331, 332, 339, 424, and 
                        562; or
                            (iv) any other major source 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 (or is likely within the 2-year 
                        period beginning 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 Administrator 
        determines that requiring fenceline monitoring would benefit 
        public health or welfare.
    (c) Determination of Best Available Form of Monitoring.--
            (1) In general.--The Administrator, in consultation 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-approved or 
                promulgated emission test or monitoring method, 
                including Methods 325A, 325B, and TO-15 (or the most 
                current and best available version of such methods 
                approved or promulgated 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 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 technology to 
                provide real-time measurements of air pollutant 
                concentrations along an open-path; or
                    (B) provide an explanation of why application, 
                implementation, or employment of 1 or more of the 
                technologies described in subparagraph (A) is not 
                necessary--
                            (i) to ensure compliance with the emission 
                        standards established under the regulations 
                        promulgated pursuant to subsection (d), (f), or 
                        (r) of section 112 of the Clean Air Act (42 
                        U.S.C. 7412), as applicable; or
                            (ii) to protect the public health, to 
                        prevent accidental releases, or to provide for 
                        effective emergency response.
            (2) Multiple-source or facility complexes.--
                    (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 complex 
                monitoring.--In the regulations promulgated pursuant to 
                subsection (a), the Administrator 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 
                Industry Classification System codes 324, 325, and 326, 
                or a related chemical or petrochemical sector, may be 
                at least a combination of--
                            (i) real-time, open-path monitoring; and
                            (ii) Method 325A and Method 325B.
                    (C) Requirement.--In carrying out subparagraph (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 Administrator 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 prevent harm if the measured 
        concentration at the fenceline would, or is likely to--
                    (A) increase harm to public health or safety 
                (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--
                            (i) health harms resulting from odors, 
                        irritation, sensitizing effects, or any 
                        combination of those harms;
                            (ii) disease (including cancer and other 
                        illnesses); or
                            (iii) death; and
            (3) take into account the aggregate and cumulative 
        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 promulgated under 
        subsection (a), the Administrator shall ensure that--
                    (A) the owners or operators of sources subject to 
                the requirements of this section--
                            (i) perform regular inspections and 
                        maintenance of all measured equipment required 
                        under this section; and
                            (ii) submit regular reports to the 
                        Administrator that--
                                    (I) include the measured emissions 
                                data collected by that emissions 
                                measurement equipment;
                                    (II) describe the status of that 
                                measurement equipment; and
                                    (III) contain a detailed 
                                explanation of the circumstances 
                                surrounding a delay in collecting or 
                                missing data;
                    (B) the emissions measurement system required 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 monitoring 
                equipment required under this section is repaired 
                within 2 days of discovering the problem.
            (2) Violation.--In the regulations promulgated under 
        subsection (a), the Administrator shall--
                    (A) require the owner or operator of a stationary 
                source subject to such regulations to report, with 
                respect to such source, at least semiannually--
                            (i) all exceedances of any corrective 
                        action level; and
                            (ii) all corrective action planned and 
                        taken; and
                    (B) for purposes of imposing penalties, treat each 
                day on which a violation of a reporting requirement 
                under subparagraph (A) continues as a separate 
                violation.
            (3) Public reporting.--
                    (A) In general.--The Administrator shall make 
                available on the website of the Environmental 
                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 community-
                        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 
                                approved by the Administrator; or
                                    (III) the applicable corrective 
                                action 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 contains 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 require the deployment of 80 additional NCore 
multipollutant monitoring stations.
    (b) Deadline.--Not later than 3 years after the date of enactment 
of this Act, the Administrator shall ensure that all NCore 
multipollutant monitoring stations required 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 subsection (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 Administrator shall ensure 
        that not less than 40 of the NCore multipollutant monitoring 
        stations required under subsection (a)--
                    (A) are not limited to metropolitan statistical 
                areas with populations of 50,000 or greater; and
                    (B) are sited in census tracts that each meet 1 or 
                more of the following criteria, with the specific site 
                selected consistent with Appendix D to part 58 of title 
                40, Code of Federal Regulations (as in effect on the 
                date of enactment of the Act):
                            (i) The rates of childhood asthma, adult 
                        asthma, chronic obstructive pulmonary disease, 
                        heart disease, or cancer are at least 5 percent 
                        higher than the national 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 national 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 census tract or 
                        adjacent census tracts combined.
                            (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 population of 
                        adverse health effects from exposure 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 monitoring 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 census 
                tracts or counties that the Administrator determines 
                should be prioritized for siting based on--
                            (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 reasonably 
                        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 effects from the 
                        air pollutants monitored;
                            (iii) the lack or inadequacy of existing 
                        air quality monitors for providing 
                        representative 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
                    (C) prior to making siting determinations--
                            (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 
                                determinations;
                                    (III) by news release; and
                                    (IV) by posting on the public 
                                website of the Environmental Protection 
                                Agency; and
                            (ii) provide an opportunity for public 
                        comment for not less than 30 days after the 
                        date of publication of the notice required 
                        under clause (i) in the Federal Register.
            (3) Reliance on hybrid methods.--In determining 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, 
        modeling, and satellites.
    (e) Additional Ambient Monitors.--
            (1) In general.--The Administrator shall deploy 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 undermonitored, as 
                determined by the Administrator; and
                    (B) within which the Administrator determines, 
                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).
            (3) Relation to previously deployed or planned monitors.--
        The Federal reference method monitors required under this 
        subsection shall be in addition to, and not in lieu of, any 
        monitors already deployed or planned for deployment by the 
        Administrator, any State, any other governmental entity, or any 
        other entity prior to the date of enactment 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 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; and
            (2) submit to the Congress and make available on the public 
        website of the Environmental Protection Agency a report that 
        includes--
                    (A) a list of all monitors identified under 
                paragraph (1); and
                    (B) a schedule and plan to restore or replace all 
                monitors included in the list under subparagraph (A) to 
                full operation not later than 16 months of the date of 
                enactment of this Act, except that the schedule and 
                plan shall not apply to monitors--
                            (i) that have been discontinued in 
                        accordance 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 
                        described in subclause (I) has been fully 
                        resolved by a settlement or order that 
                        authorizes discontinuation of such monitor.
    (g) Designations.--Not later than 2 years after the date on which 
data is received from a monitor sited pursuant 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 designation is otherwise 
precluded under this Act.
    (h) Satellite Monitoring.--
            (1) Satellite monitoring data.--
                    (A) Provision of satellite data.--The Administrator 
                of the Environmental Protection Agency may consult with 
                the Administrator of the National Aeronautics and Space 
                Administration 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 PM<INF>10</INF> and 
                PM<INF>2.5</INF>.
                    (B) Regulations required.--The Administrator 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 PM<INF>10</INF> and 
                PM<INF>2.5</INF> for purposes of determining compliance 
                or noncompliance with the national ambient air quality 
                standards for those pollutants.
            (2) National academy of sciences report.--
                    (A) In general.--The Administrator may enter into 
                an arrangement with the National 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 
                calculation of design values and nonattainment 
                determinations 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 December 
                        31, 2023, the Administrator, in coordination 
                        with the Administrator of the National 
                        Aeronautics and Space Administration and the 
                        Administrator of the National Oceanic and 
                        Atmospheric Administration, shall promulgate 
                        regulations that provide a plan for the use of 
                        satellite monitoring data in calculating design 
                        values for the pollutants described in 
                        subparagraph (A).
                            (ii) Requirement.--Not later than January 
                        1, 2027, the Administrator shall implement the 
                        plan required by clause (i) and provide for use 
                        of satellite data in calculating design values 
                        for the pollutants described in subparagraph 
                        (A).
            (3) Definition.--For purposes of this subsection, 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 regulation (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) unless--
            (1) the State provided, with respect to the State 
        monitoring plan--
                    (A) public notice;
                    (B) not less than 45 days for public comment; and
                    (C) an opportunity for public hearing; and
            (2) the Administrator--
                    (A) proposes in the Federal Register to approve or 
                disapprove of the State monitoring plan;
                    (B) provides not less than 45 days for public 
                comment on the proposal described in subparagraph (A); 
                and
                    (C) publishes in the Federal Register the final 
                action on the proposal described in subparagraph (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 replacement 
                        NCore multipollutant monitoring stations 
                        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 governments for deployment 
                        and operation of the NCore multipollutant 
                        monitoring stations required under subsection 
                        (a); and
                    (B) shall use not less than 5 percent, but not more 
                than 10 percent, of the amounts made available to carry 
                out this section to perform the maintenance and repairs 
                necessary to restore to operation NCore multipollutant 
                monitoring stations that are--
                            (i) as of the date of enactment of this 
                        Act, nonoperational; and
                            (ii) located in areas that are designated 
                        as in nonattainment of national ambient air 
                        quality standards under section 109 of the 
                        Clean Air Act (42 U.S.C. 7409) for ozone or 
                        particulate matter.

SEC. 6. SENSOR MONITORING.

    (a) Deployment of Air Quality Sensors.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator--
                    (A) shall deploy, in accordance with the 
                prioritization criteria described in section 5(d)(2), 
                not fewer than 1,000 air quality sensors, each of which 
                shall cost not more than $5,000;
                    (B) shall deploy such air quality sensors in 
                clusters of not fewer than five in each of the census 
                tracts or counties selected;
                    (C) before determining and approving sites for such 
                air quality sensors, shall invite, through public 
                notice and other means designed to reach communities 
                disproportionately impacted by air pollution, proposals 
                from or on each behalf of residents of any community 
                for the sites; and
                    (D) may contract with State and local air pollution 
                control agencies to conduct sensor monitoring and 
                report the results.
            (2) Requirement.--In carrying out paragraph (1), the 
        Administrator shall select sensors for deployment that--
                    (A) are available on the market at the time of 
                purchase;
                    (B) the Administrator determines will provide data 
                of sufficient accuracy to provide a reasonable basis 
                for determining whether the location in which the 
                sensor is sited is or may be at risk of exceeding the 
                applicable national ambient air quality standard 
                established pursuant to section 109 of the Clean Air 
                Act (42 U.S.C. 7409); and
                    (C) are the lowest cost available that meet the 
                criteria of subparagraph (B).
            (3) Exception to cost limitation.--Notwithstanding 
        paragraph (1), if the Administrator determines in writing that 
        a sensor model to measure a particular pollutant is not 
        available on the market at a price at or below $5,000 each, the 
        Administrator may spend an amount above $5,000 to acquire such 
        sensor model so long as the Administrator complies with 
        subparagraphs (B) and (C) of paragraph (2).
    (b) Pollutants.--
            (1) In general.--Each air quality sensor deployed pursuant 
        to subsection (a) shall measure ozone, PM<INF>2.5</INF>, oxides 
        of nitrogen, or sulfur dioxide.
            (2) Determination.--The Administrator shall determine which 
        pollutant or air pollutants an air quality sensor deployed 
        pursuant to subsection (a) shall monitor based on the pollution 
        sources affecting the area in which the sensor is to be 
        deployed.
    (c) Determination and Installation.--
            (1) In general.--Not later than 18 months after the date on 
        which an air quality sensor deployed pursuant to subsection (a) 
        has been monitoring air quality data for 1 year, the 
        Administrator shall determine whether data from the air quality 
        sensors deployed in the applicable census tract or county shows 
        air pollution levels over the 1-year period ending on the date 
        of the determination that reached 98 percent of the level of 
        the national ambient air quality standard under section 109 of 
        the Clean Air Act (42 U.S.C. 7409) for any air pollutant.
            (2) Requirement.--If the Administrator makes a 
        determination under paragraph (1) that an air pollutant 
        described in subsection (b)(1) met the threshold described in 
        that paragraph, the Administrator shall, not later 180 days 
        after the date of the determination, ensure that Federal 
        reference method monitors or Federal equivalent method monitors 
        are installed and in operation within that census tract or 
        county for each pollutant that met the threshold.
            (3) Exceptions.--The Administrator shall waive the 
        requirement of paragraph (2) if the Administrator finds, within 
        the 180-day period described in such paragraph, and after 
        providing notice and an opportunity for public comment, that 
        based on clear and convincing evidence--
                    (A) the measurements from the sensor or sensors 
                supporting the determination described in paragraph (2) 
                were so inaccurate as to provide no reasonable basis 
                for finding that levels of the relevant pollutant 
                reached 98 percent of the level of the national ambient 
                air quality standard under section 109 of the Clean Air 
                Act (42 U.S.C. 7409) for the relevant pollutant; or
                    (B) complementary data such as information on the 
                ambient matric, meteorology, measurements from other 
                nearby sensors or ambient monitors, modeling, satellite 
                data, or other relevant and reliable information 
                demonstrate that levels of the relevant pollutant could 
                not have plausibly reached 98 percent of the level of 
                such standard.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, and not less frequently than every 6 years thereafter, the 
Administrator shall report on additional areas of decision making where 
data from low-cost air quality sensors may be relevant and useful.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $6,000,000.

SEC. 7. DATA REQUIREMENT.

    To the extent practicable, the Administrator shall integrate the 
data collected through the programs established under this Act into the 
Environmental Justice Screening and Mapping Tool (EJSCREEN) of the 
Environmental Protection Agency or a relevant similar mapping and 
screening tool.

SEC. 8. STUDY ON HOW TO EXPAND AMBIENT AIR MONITORING AND ACCESS TO AIR 
              QUALITY INFORMATION FOR CERTAIN COMMUNITIES.

    (a) In General.--The Administrator shall--
            (1) conduct a study to formulate recommendations on how to 
        expand ambient air monitoring and access to air quality 
        information for communities affected by--
                    (A) levels of air pollution above 100 on the Air 
                Quality Index of the Environmental Protection Agency; 
                and
                    (B) high asthma rates; and
            (2) not later than 1 year after the date of enactment of 
        this Act, complete such study and submit to the Congress a 
        report on the results of such study.
    (b) Prioritization.--In conducting the study under subsection (a), 
the Administrator shall prioritize formulating recommendations with 
respect to communities with the highest asthma rates.
                                 <all>