No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3529 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3529
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 quality systems
in communities affected by air pollution, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2025
Ms. Blunt Rochester (for herself, Ms. Duckworth, Mr. Durbin, Mr.
Markey, Mr. Merkley, Mr. Van Hollen, and Mr. Padilla) 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 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 quality systems
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
2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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)).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Air quality system.--The term ``air quality system''
means an air quality sensor or set of sensors installed
together with instruments to measure meteorology and store and
transmit data.
(4) Area source; hazardous air pollutant; major source; new
source; stationary source.--Except as otherwise provided, the
terms ``area source'', ``hazardous air pollutant'', ``major
source'', ``new source'', and ``stationary source'' have the
meanings given those terms in section 112(a) of the Clean Air
Act (42 U.S.C. 7412(a)).
(5) Cumulative impact.--The term ``cumulative impact''
means the totality of exposures to combinations of chemical and
nonchemical stressors, and the effects of those exposures on
health, well-being, and quality of life outcomes.
(6) Cumulative risk.--The term ``cumulative risk'' means
the combined risks to health or the environment from multiple
agents or stressors.
(7) Emissions measurement system.--The term ``emissions
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 fenceline of the source or facility that
employs Environmental Protection Agency-approved or promulgated
test methods for all measured pollutants for which a method is
available.
(8) Federal equivalent method; federal reference method.--
The terms ``Federal equivalent method'' and ``Federal reference
method'' have the meanings given those terms in section 53.1 of
title 40, Code of Federal Regulations (or to the same or
substantially similar terms in successor regulations).
(9) Method 325a.--The term ``Method 325A'' means the most
current version of the test method 325A published by the
Environmental Protection Agency.
(10) Method 325b.--The term ``Method 325B'' means the most
current version of the test method 325B published by the
Environmental Protection Agency.
(11) METHOD 327.--The term ``Method 327'' means the most
current version of the test method 327 published by the
Environmental Protection Agency.
(12) 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.
(13) National air toxics trends network.--The term
``National Air Toxics Trends Network'' means the long-term
hazardous air pollutants monitoring data network established by
the Environmental Protection Agency to assess trends and
emissions reduction program effectiveness.
(14) 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).
(15) NCore.--The term ``NCore'' has the meaning given the
term in section 58.1 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act).
(16) Office of research and development.--The term ``Office
of Research and Development'' means the Office of Research and
Development of the Environmental Protection Agency.
(17) PFAS terms.--The terms ``perfluoroalkyl substance''
and ``polyfluoroalkyl substance'' have the meanings given those
terms in section 7331(2)(B) of the PFAS Act of 2019 (15 U.S.C.
8931(2)(B)).
(18) 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.
(19) Source.--The term ``source'' is within the meaning of
the Clean Air Act (42 U.S.C. 7401 et seq.).
(20) Test method.--The term ``test method'' means a method
described in the most recent document of the Environmental
Protection Agency entitled ``Compendium of Methods for the
Determination of Toxic Organic Compounds in Ambient Air''.
SEC. 3. HEALTH EMERGENCY AIR TOXICS MONITORING NETWORK.
(a) Monitoring.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall publish notice
in the Federal Register of, take public comment for a period of
not less than 60 days regarding, and take final action to
design and launch a plan and implement 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, 112, 113,
114, and 303 of that Act (42 U.S.C. 7403, 7412, 7413, 7414,
7603), 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 Network or through creating a
new network, as appropriate.
(2) Monitoring period.--
(A) In general.--The Administrator shall ensure
monitoring begins pursuant to this section not later
than 18 months after the date of enactment of this Act
and 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 begins.
(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, after public notice and a public comment
period of not less than 60 days, that 6 years of
monitoring, as required under subparagraph (A), is not
necessary to protect public health or ensure compliance
at the source or the facility involved, the
Administrator may reduce 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 paragraph (1), the Administrator shall use the
authority of the Administrator to inspect and require
emission testing at sources on the list published
pursuant to subsection (c) 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 a centralized database maintained in
multiple languages; and
(C) for a period of at least 10 years.
(2) Immediate availability.--The Administrator shall ensure
that the monitoring data collected under the program under
subsection (a)(1) are--
(A) electronically submitted to the Administrator
not later than 1 month after the date of collection of
the data; and
(B) made publicly available as expeditiously as
practicable, but in any case not later than 7 days
after the electronic submission of the 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 a public comment
period of not less than 60 days, a list of stationary
sources of hazardous air pollutants that, subject to
subparagraph (B) do not already have fenceline
monitoring in operation that is producing publicly
available data and 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, after public notice and a public
comment period of not less than 60 days, that a
source described in subparagraph (A)(i) no
longer contributes to high health risks or
impacts that warrant continued monitoring to
advance public health protection, inform
improved compliance, or improve available data
quality, 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 fewer than 100 high-
priority sources.
(ii) Description of reasons.--For the
purpose of providing notice, the Administrator
shall publish in the Federal Register, and seek
public comment for a period of not less than 60
days with respect to--
(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 noncancer hazard
index that is greater than or equal to
1; or
(ii) in a source category with--
(I) a cancer risk that is greater
than 100-in-1,000,000 for the
individual most exposed to emissions
from the source category;
(II) a total organ-specific hazard
index for chronic noncancer risk that
is greater than or equal to 1; or
(III) an acute risk hazard quotient
that is greater than or equal to 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--
(I) the facility is located within 350 feet
of a residence, school, childcare facility
(including a camp), hospital, park, sports or
recreation facility, or other gathering place,
community center, or institution where children
and families regularly spend time; or
(II) based on the best available science,
the emissions of the source or facility are
likely causing or contributing to, or have the
potential to cause or contribute to, serious
acute or chronic, including cancer and non-
cancer, health or safety risks or impacts,
including adverse neurological, developmental,
or other health impacts in utero or childhood.
(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) antimony compounds;
(J) cadmium compounds;
(K) cobalt compounds;
(L) nickel compounds;
(M) manganese compounds;
(N) vinyl chloride;
(O) ethylene dichloride;
(P) naphthalene;
(Q) ethylbenzene;
(R) methyl mercury;
(S) epichlorohydrin;
(T) xylenes;
(U) acrylonitrile;
(V) 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 a public comment
period of not less than 60 days, the air emissions of
which--
(i) are, or may be contributing to, serious
health risks; or
(ii) warrant emissions quantification and
measurement due to the public interest in
evaluating the emissions and effects of the
pollutant; and
(W) any pollutant or airborne chemical that is a
precursor to atmospheric photochemical production of
any other pollutant on the list described in section
112(b) of the Clean Air Act (42 U.S.C. 7412(b)).
(4) Use of information and methods.--In carrying out this
subsection, the Administrator shall--
(A) use--
(i) the evaluations and methods of the
Environmental Protection Agency for compiling
and evaluating information about risks from air
toxics in effect on January 1, 2025, that have
been peer reviewed by the Science Advisory
Board, including chemical assessments developed
by the Integrated Risk Information System of
the Environmental Protection Agency (commonly
referred to as ``IRIS''), or the most recent
Air Toxics Screening Assessment or other
current evaluation or report by the
Environmental Protection Agency, acting through
the Office of Research and Development,
providing similar information about cancer and
noncancer risks from hazardous air pollution
based on measured or modeled emissions, using
evaluations or methods that--
(I) account for, and therefore
demonstrate higher risks to, the
individual or community most exposed to
the emissions; and
(II) account for adverse
neurological, developmental, or other
health impacts in utero, in childhood,
and in adolescence;
(ii) the Risk-Screening Environmental
Indicators model of the Administrator in effect
as of December 31, 2024;
(iii) a prior health risk assessment that
was performed by the Administrator for the
applicable source or source category before
January 1, 2025; or
(iv) a new health risk assessment performed
by the Administrator for the applicable source
or source category that--
(I) is more complete and addresses
more or greater risks than previously
considered;
(II) follows the best available
science (including the most recent
guidance from the National Academy of
Sciences and the most recent
assessments under the Integrated Risk
Information System of the Environmental
Protection Agency (commonly referred to
as ``IRIS'') that were created pursuant
to the document of the Environmental
Protection Agency entitled ``ORD Staff
Handbook for Developing IRIS
Assessments'' and dated December 2022);
and
(III) considers, with respect to
the applicable source or facility--
(aa) cumulative risks and
cumulative impacts;
(bb) increased
vulnerability that results from
socioeconomic disparities;
(cc) multiple source
exposure; and
(dd) exposure in utero, in
childhood, in adolescence, 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)(1), 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 Method 325A, Method 325B,
Method TO-15A, and Method 327, that expands the scope,
strengthens the detection limit, or otherwise improves
the effectiveness of the test method; 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 quantity or rate of
pollutants described in subsection (c)(3); or
(ii) causes the greatest health risk to the
greatest number of people, based on the
emissions of the pollutants described in
subsection (c)(3) individually, as a group, or
cumulatively, based on--
(I)(aa) the latest evaluations and
methods of the Environmental Protection
Agency for 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, 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, in adolescence, and
over the course of a lifetime
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--
(i) is regulated under paragraph (7) of
section 112(r) of the Clean Air Act (42 U.S.C.
7412(r)); and
(ii) has had an accidental release or
incident that is 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 January 1, 2025),
under that paragraph; 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 may
not be sufficient--
(i) to monitor and report the pollutants
described in subsection (c)(3) that are emitted
by that stationary source; or
(ii) to advance public health and safety.
(3) Updates.--
(A) Approved or promulgated methods.--The
Administrator shall--
(i) not later than 2 years after the date
of enactment of this Act, review and, after
public notice and a public comment period of
not less than 60 days, update each approved or
promulgated test method described in this
section to add as many of the pollutants
described in subsection (c)(3) as practicable;
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, after public notice and a
public comment period of not less than 60 days,
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 based on the best available
science; and
(II) at least 1 method that
represents the best and most accurate
form of multimetal monitoring based on
the best available science.
(ii) Updates required.--Not less frequently
than once every 6 years, the Administrator
shall review and, if necessary, after public
notice and a public comment period of not less
than 60 days, strengthen or add new test
methods that meet the requirements under clause
(i), which shall be based on--
(I) the best available monitoring
technologies that improve the quality
or quantity of information provided by,
or improve the precision or other type
of scientific reliability of, a method;
and
(II) the advice of staff of the
Office of Enforcement and Compliance,
staff of the Office of Research and
Development, regional or other staff
within the Environmental Protection
Agency responsible for, and with
expertise on, the enforcement of this
Act, and other monitoring experts.
(4) Office of research and development.--The Administrator
shall act through the Assistant Administrator for Research and
Development, and in coordination with the Assistant
Administrator for Air and Radiation, to carry out this
subsection.
(e) Monitor Placement and Maintenance.--
(1) In general.--The Administrator shall, after public
notice and a public comment period of not less than 60 days
with respect to monitor placement and maintenance plans, 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 a public comment period of not less than 60 days,
create a process, including an accessible online resource or
website, for the public--
(A) to track the maintenance of monitors under this
subsection; and
(B) to 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 once every 6 years thereafter,
the Administrator shall submit to 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)(1), 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 once every 6 years thereafter, the Administrator shall--
(1) after public notice and a public comment period of not
less than 60 days, make a determination of whether to add or
remove sources to the list published under subsection (c)(1)--
(A) to ensure compliance of those 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,
including children and other vulnerable populations,
most exposed to the emissions of hazardous air
pollutants from such stationary sources to the maximum
extent practicable; 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
(including the most current research on children's
health), 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) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to Congress and make publicly
available online a report that--
(1) describes the staffing that is available, necessary,
and planned to carry out this section; and
(2) demonstrates how the Administrator intends to carry out
the duties and requirements of this section without impact or
delay on any other duty or responsibility of the Administrator.
(i) No Exemption Authority.--No exemption from compliance with any
standard or limitation under this section may be issued pursuant to
section 112(i)(4) of the Clean Air Act (42 U.S.C. 7412(i)(4)) to any
stationary source.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $146,000,000 for the period of
fiscal years 2026 and 2027.
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
section 103, subsections (d), (f), and (r) of section 112, section 113,
and section 114 of that Act (42 U.S.C. 7403, 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)--
(A) establish a corrective action level at the
fenceline for at least the top 5 hazardous air
pollutants that drive the cancer, chronic noncancer, or
acute risk for the source category; and
(B) require corrective action for the release of
any quantity of a substance listed pursuant to section
112(r)(3) of that Act (42 U.S.C. 7412(r)(3));
(4) if any applicable corrective action level under
paragraph (3)(A) is exceeded, require--
(A) a root cause analysis and preventive action
report;
(B) full remedial action, including implementation
of all control technologies, practices, processes,
operational improvements, or other measures necessary
to resolve the exceedance and protect the most exposed
or most vulnerable individuals potentially affected by
the exceedance (including children) and to make best
efforts to prevent the exceedance from recurring, based
on and applying input from the most affected
individuals and communities; and
(C) a public report that--
(i) describes--
(I) the results of the root cause
analysis and preventive action report
under subparagraph (A); and
(II) the remedial actions taken
under subparagraph (B); and
(ii) certifies 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 that Act (42 U.S.C. 7413).
(b) Source Categories.--The source categories described in this
subsection 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 or area 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 source
category; or
(B) contains any stationary source that--
(i) is regulated under paragraph (7) of
section 112(r) of the Clean Air Act (42 U.S.C.
7412(r)); and
(ii) has had an accidental release or
incident that is required to be reported during
the previous 5-year period under that section
and the regulations thereunder that were in
effect as of January 1, 2025; and
(2) any other source category for which the Administrator
determines that requiring fenceline monitoring is likely to
benefit public health or welfare, including children's health,
based on the best available science.
(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
External Civil Rights, the Office of Children's Health, 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 Method 325A, Method 325B, Method 327, and
Method TO-15A.
(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, is at
least a combination of--
(i) real-time, open-path monitoring; and
(ii) Method 325A, Method 325B, and Method
327, as applicable depending on the types of
emissions to be measured.
(C) Requirement.--In carrying out subparagraph (B),
the Administrator shall consider whether any other
multiple-source or facility complexes should be
required to employ the combined monitoring methods
described in that subparagraph.
(e) Health Priority Approach.--In promulgating the corrective
action level for each of the hazardous air pollutants described in
subsection (a)(3)(A), the Administrator shall--
(1) consider the best available science, including applying
the most health-protective approach possible and applying a
precautionary approach to account for uncertainty;
(2) 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 to any
individual, including a child); or
(B) reach a level that may result in short-term,
long-term, or chronic human exposure to air pollution
(including any exposure that begins in utero, infancy,
childhood, or adolescence) that increases the risk of--
(i) health harms resulting from odors,
irritation, sensitizing effects, or any
combination of those harms;
(ii) a chronic condition (including
neurodevelopmental) or 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 based on the best
available science.
(f) Maintenance and Public Reporting.--
(1) In general.--In the regulations promulgated pursuant to
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 to the Administrator regular
reports 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 pursuant to
subsection (a), the Administrator shall--
(A) require the owner or operator of a stationary
source subject to such regulations to report, with
respect to the 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 spoken by residents living
near the source where monitoring was conducted--
(i) all emissions measurement plans,
reports, and other information collected or
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 that has been
scientifically peer-reviewed;
(II) a health reference level
approved by the Administrator that has
been scientifically peer-reviewed;
(III) a health reference level
approved by any State or Tribal
government that has been scientifically
peer-reviewed; or
(IV) the applicable corrective
action level under subsection
(a)(3)(A).
(B) Public notice and comment.--The Administrator
shall provide notice and receive public comment for not
less than 60 days on the format and accessibility of
the information required to be made available under
subparagraph (A).
(C) Publication.--The Administrator shall publicize
the information required to be made available 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) Office of Research and Development.--The Administrator shall
ensure that the Assistant Administrator for Air and Radiation
coordinates with the Assistant Administrator for Research and
Development, as well as any other appropriate offices of the
Environmental Protection Agency, to carry out this section.
(h) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to Congress and make publicly
available online a report that--
(1) describes the staffing that is available, necessary,
and planned to carry out this section; and
(2) demonstrates how the Administrator intends to carry out
the duties and requirements of this section without impact or
delay on any other duty or responsibility of the Administrator.
(i) No Exemption Authority.--No exemption from compliance with any
standard or limitation under this section may be issued pursuant to
section 112(i)(4) of the Clean Air Act (42 U.S.C. 7412(i)(4)) to any
stationary source.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for the period of
fiscal years 2026 and 2027.
SEC. 5. NAAQS MONITORING NETWORK.
(a) Deployment of NCore Multipollutant Monitoring Stations.--
(1) In general.--The Administrator shall require the
deployment of 80 additional NCore multipollutant monitoring
stations.
(2) Requirement.--All monitors at the stations required to
be deployed pursuant to paragraph (1) that measure pollutants
for which the Administrator has established national ambient
air quality standards shall--
(A) be Federal reference method or Federal
equivalent method monitors; and
(B) produce monitoring data that are sufficient for
determining whether the relevant national ambient air
quality standard is met at the site.
(b) Deadline.--Not later than 18 months 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)(1) 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 required to be deployed under subsection (a)(1)
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 established 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.--
(A) In general.--The Administrator shall ensure
that not fewer than 40 of the NCore multipollutant
monitoring stations required to be deployed under
subsection (a)(1)--
(i) are not limited to metropolitan
statistical areas with populations of 50,000 or
greater; and
(ii) meet the requirement described in
subparagraph (B).
(B) Requirement described.--The requirement
referred to in subparagraph (A)(ii) is that the NCore
multipollutant monitoring stations shall be 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
this Act), except that where the provisions of this Act
conflict with that appendix, the provisions of this Act
shall control:
(i) The rates of childhood asthma, adult
asthma, chronic obstructive pulmonary disease,
heart disease, or cancer are not less than 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) 2 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
under 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 to
be deployed under subsection (a)(1), 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 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 under section 109 of the
Clean Air Act (42 U.S.C. 7409), including
evidence of relevant industrial activity or
nearby exceedances;
(ii) the number of people who live, work,
attend school, 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 in attainment for 1 or
more of the pollutants to be monitored by that
station; and
(C) prior to making siting determinations--
(i) hold at least 1 public hearing in or
near each proposed siting location;
(ii) provide public notice of the proposed
siting locations and the hearings required
under clause (i)--
(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;
(iii) provide an opportunity for public
comment for not less than 60 days after the
date of publication of the notice required
under clause (ii) in the Federal Register; and
(iv) publish online an explanation and
record for the siting decisions of the
Administrator.
(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 additional 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 under 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, which shall identify--
(A) each monitor that is not operating properly and
that needs to be repaired or replaced; and
(B) each monitor that is past the end of its
ordinary useful life; and
(2) submit to 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 to proper
operation or replace all monitors included in the list
under paragraph (1)(A) and to replace all monitors
included on the list under paragraph (1)(B), with all
restorations and replacements to be completed not later
than 40 months after 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 the monitor.
(g) Designations.--Not later than 2 years after the date on which
data are received from a monitor sited pursuant to this section that
demonstrate that an area designated by the Administrator pursuant to
paragraph (1) of section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) as in attainment or unclassifiable for an air pollutant is not
meeting or is contributing to air quality in a nearby area that does
not meet 1 or more applicable national ambient air quality standards,
the Administrator shall redesignate pursuant to paragraph (3) of that
section that area as in nonattainment for that pollutant unless the
designation is otherwise precluded under this Act.
(h) Satellite Monitoring.--
(1) Definition of design value.--In 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
(as in effect on the date of enactment of this Act), 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
(as in effect on the date of enactment of this Act), uses the
term ``design value''.
(2) Satellite monitoring data.--
(A) Provision of satellite data.--The Administrator
shall consult with the Administrator of the National
Aeronautics and Space Administration on methods to
facilitate the use of data from the satellites of the
National Aeronautics and Space Administration or other
entities for use in calculating design values under any
national ambient air quality standards for
PM<INF>10</INF>, PM<INF>2.5</INF>, ozone, and oxides of
nitrogen for purposes of determining compliance or
noncompliance with the national ambient air quality
standards for those pollutants.
(B) Regulations required.--Not later than 18 months
after the date of enactment of this Act, the
Administrator shall, after public notice in the Federal
Register and a public comment period of not less than
60 days, 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>, PM<INF>2.5</INF>, ozone, and oxides of
nitrogen for purposes of determining compliance or
noncompliance with the national ambient air quality
standards for those pollutants.
(3) 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 and oxides of sulfur established
under section 109 of the Clean Air Act (42 U.S.C.
7409).
(B) Regulations required.--
(i) In general.--Not later than 18 months
after the date of enactment of this Act, 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, after public notice in
the Federal Register and a public comment
period of not less than 60 days, 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, 2028, 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).
(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 of the proposal of the plan in a
highly accessible format in multiple languages,
including a publicly accessible web page address where
members of the public can at any time view the entire
proposed plan and supporting materials;
(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) after consideration of any comments received
pursuant to subparagraph (B), 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 2026.
(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 to be deployed under subsection
(a)(1); 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 to be deployed
under subsection (a)(1); 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 established under section 109
of the Clean Air Act (42 U.S.C. 7409) for ozone
or particulate matter.
SEC. 6. COMMUNITY AIR QUALITY SYSTEM MONITORING.
(a) Deployment of Air Quality Systems.--
(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 systems, each of which
shall cost not more than $5,000;
(B) shall deploy those air quality systems in
clusters of not fewer than 5 in each of the census
tracts or counties selected;
(C) before determining and approving sites for
those air quality systems, shall invite, through public
notice and other means designed to reach communities
disproportionately impacted by air pollution, proposals
from or on behalf of residents of any community for the
sites;
(D) may contract with nonprofit organizations
(including academic institutions) and State and local
air pollution control agencies to conduct air quality
system monitoring and report the results; and
(E) shall make data from air quality systems
installed pursuant to this section public on an easily
accessible data platform.
(2) Requirement.--In carrying out paragraph (1), the
Administrator shall select systems 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 air
quality system is sited is or may be at risk of
exceeding 1 or more national ambient air quality
standards established under section 109 of the Clean
Air Act (42 U.S.C. 7409); and
(C) are the lowest cost available that meet the
standards described in subparagraph (B).
(3) Exception to cost limitation.--Notwithstanding
paragraph (1), if the Administrator determines in writing that
a system 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 that
system so long as the Administrator complies with subparagraphs
(B) and (C) of paragraph (2).
(b) Pollutants.--
(1) In general.--
(A) List.--Not fewer than 500 air quality systems
deployed pursuant to subsection (a) shall measure 1 or
more of the following pollutants:
(i) Ozone.
(ii) PM<INF>2.5</INF>.
(iii) Oxides of nitrogen.
(iv) Sulfur dioxide.
(B) Required sensors.--All air quality systems
deployed pursuant to subsection (a) may include sensors
to measure wind speed, wind direction, relative
humidity, carbon dioxide and carbon monoxide, and other
inputs that aid with source identification.
(2) Determination.--The Administrator shall determine which
air pollutant or air pollutants an air quality system deployed
pursuant to subsection (a) shall monitor based on the pollution
sources affecting the area in which the air quality system is
to be deployed.
(c) Determination and Installation.--
(1) In general.--Not later than 18 months after the date on
which an air quality system deployed pursuant to subsection (a)
has been monitoring air quality data for 1 year, the
Administrator shall determine whether the air quality systems
deployed in the applicable census tract or county reported air
pollution levels over the 1-year period ending on the date of
the determination that reached or exceeded 98 percent of the
level of any applicable national ambient air quality standard
established 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 or exceeded 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 or exceeded the
threshold.
(3) Exceptions.--The Administrator shall waive the
requirement of paragraph (2) if the Administrator finds, within
the 180-day period described in that paragraph, and after
providing notice and an opportunity for public comment, that
based on clear and convincing evidence--
(A) the measurements from the systems 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 established 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 systems 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
that standard.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and after public notice and a public comment period of not
less than 60 days, the Administrator shall make publicly available
online a report describing additional areas in which data from low-cost
air quality systems may be relevant or useful for decisionmaking or for
the purpose of increasing public access to information.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000 for fiscal year 2026.
SEC. 7. HAZARDOUS AIR POLLUTANT MONITORING.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, for the purposes of improving the quality of the national
emissions inventory and advancing public access to information, the
Administrator shall, after public notice and a public comment period of
not less than 60 days, amend subpart A of part 51 of title 40, Code of
Federal Regulations, to update and expand the requirements under that
subpart to require all major and non-major sources to report additional
emissions data, including emissions of hazardous air pollutants,
perfluoroalkyl substances, and polyfluoroalkyl substances.
(b) Minimum Requirements.--The amendment required under subsection
(a) shall, at a minimum--
(1) contain all amendments described in the proposed rule
of the Environmental Protection Agency entitled ``Revisions to
the Air Emissions Reporting Requirements'' (88 Fed. Reg. 54118
(August 9, 2023));
(2) ensure reporting of emissions during periods of
malfunction of the source; and
(3) consistent with the proposal to require reporting of
emissions of perfluoroalkyl substances and polyfluoroalkyl
substances in the rule described in paragraph (1), require, in
the reporting cycle immediately following the date on which a
pollutant is listed as a hazardous air pollutant, the reporting
of emissions of that pollutant.
(c) Effective Date.--The amendment required under subsection (a)
shall take effect for the first inventory year that begins after that
amendment is finalized.
SEC. 8. DATA REQUIREMENT.
To the extent practicable, the Administrator shall--
(1)(A) restore for public access the EJSCREEN mapping tool
of the Environmental Protection Agency; or
(B) create a relevant, nationwide geospatial mapping and
screening tool similar to and providing, at minimum, all of the
data previously included in the EJSCREEN mapping tool that the
Administrator, acting through the Assistant Administrator for
Research and Development, shall make available online for
public comment not later than 270 days after the date of
enactment of this Act; and
(2) integrate into the applicable tool restored or created
under paragraph (1) the data collected through the programs
established under this Act.
SEC. 9. RULE OF CONSTRUCTION.
Nothing in this Act amends any other statute or revises or alters
any duty or authority of the Administrator under any other applicable
law.
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Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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