,,ii #aafth ,,congress #b;d ,session ,s4 #dcfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjbj,ms4 ,duckworth 7for herself1 ,mr4 ,booker1 ,ms4 ,warren1 ,mr4 ,merkley1 ,mr4 ,markey1 and ,mr4 ,durbin7 introduced the following bill2 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 pollution2 to require immediate toxic air monitoring at the fenceline of facilities with pollution linked to local health threats2 to ensure the ,environmental ,protection ,agency promulgates rules that require fenceline air monitoring in communities with air polluting industrial source categories2 to expand and strengthen the national ambient air quality monitoring network2 to deploy air sensors in communities affected by air pollution1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,health ,air ,quality ,act of #bjbj4 #b4 ,health emergency air toxics monitoring 7a7 ,monitoring ,not later than #abj days after the date of enactment of this ,act1 the ,administrator shall carry out a program to administer or conduct1 pursuant to authority provided under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 including section #aad of such ,act 7#db ,u4,s4,c4 #gdad71 the best available form of fenceline monitoring of stationary sources of hazardous air pollutants that are on the list developed under subsection 7c74 7b7 ,publication of results ,the ,administrator shall publish and maintain the results of all fenceline monitoring conducted under the program under subsection 7a7 on the website of the ,environmental ,protection ,agency for a period of at least #e years4 7c7 ,list of sources 7#a7 ,development ,the ,administrator shall develop a list of stationary sources of hazardous air pollutants that includes-- 7,a7 the #be high-priority facilities listed in ,appendix ,a of the ,environmental ,protection ,agency's ,office of ,inspector ,general ,report #bj-,n-#jabh 7,march #ca1 #bjbj72 and 7,b7 at least another #be major sources or synthetic area sources4 7#b7 ,requirements ,the ,administrator may include a stationary source on the list developed under paragraph 7#a7 only if the source-- 7,a7 emits at least one of the pollutants described in paragraph 7#c72 7,b7 is-- 7i7 located in1 or within #c miles of1 a census tract with-- 7,i7 a cancer risk of at least #ajj-;in-#a million2 or 7,,ii7 a chronic non-cancer hazard index that is above #a based on the most recent ,national ,air ,toxics ,assessment2 or 7ii7 in a source category with-- 7,i7 a cancer risk that is at least #ej-;in-#a million2 7,,ii7 a total organ-specific hazard index for chronic non-cancer risk that is greater than #a2 or 7,,iii7 an acute risk hazard quotient that is greater than #a2 and 7,c7 is-- 7i7 classified in one or more of ,north ,american ,industry ,classification ,system codes #cbb1 #cbd1 #cbe2 or 7ii7 required to prepare and implement a risk management plan pursuant to section #aab7r7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7r77 and had an accidental release required to be reported during the previous #c years pursuant to section #fh4db or #fh4aie of title #dj ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#c7 ,pollutants ,the pollutants described in this paragraph are ethylene oxide1 chloroprene1 benzene1 #a1c-;butadiene1 and formaldehyde4 7d7 ,methods and technologies 7#a7 ,in general ,except as provided in paragraph 7#b71 in carrying out the program under subsection 7a71 the ,administrator shall-- 7,a7 for each stationary source on the list developed under subsection 7c77#a71 employ1 as necessary to monitor the pollutants described in subsection 7c77#c7 emitted by such stationary source1 at least-- 7i7 ,method #cbe;,a and ,method #cbe;,b2 and 7ii7 ,method ,,to-#ae2 and 7,b7 for each of the #aj stationary sources on such list that either emit the greatest volume of pollutants described in subsection 7c77#c71 or cause the greatest health risk as determined by the ,administrator based on a residual risk assessment performed pursuant to section #aab7;f77#b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7;f77#b77 or based on the most recent ,national ,air ,toxics ,assessment due to such emissions individually1 as a group1 or cumulatively with all hazardous air pollutants emitted by such sources1 and for any other stationary source on such list for which application of the methods described in subparagraph 7,a7 alone will not be sufficient to monitor and report any such pollutants that are emitted by such stationary source1 employ-- 7i7 optical remote sensing technology to provide real-time measurements of air pollutant concentrations along an open-path2 or 7ii7 other monitoring technology with the ability to provide real-time spatial and temporal data to understand the type and amount of emissions4 7#b7 ,updates 7,a7 ,method #cbe;,a and ,method #cbe;,b ,if the ,administrator determines it necessary to update ,method #cbe;,a and ,method #cbe;,b to implement this section1 the ,administrator shall update such ,method #cbe;,a and ,method #cbe;,b not later than #ij days after the date of enactment of this ,act4 7,b7 ,new test method ,if the ,administrator determines it necessary to approve a new test method to implement this section1 the ,administrator shall finalize such a method not later than #a year after the date of enactment of this ,act4 7e7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall report on the results of the program carried out under subsection 7a71 including-- 7#a7 the results of fenceline monitoring implemented under the program under subsection 7a72 7#b7 any enforcement1 regulatory1 or permitting actions taken based on such fenceline monitoring2 and 7#c7 whether the ,administrator proposes to continue fenceline monitoring at any or all of the stationary sources on the list developed under subsection 7c77#a71 or to implement fenceline monitoring of any additional stationary sources as determined under subsection 7f74 7f7 ,determination regarding additional sources ,not later than #c months before the program under subsection 7a7 terminates1 the ,administrator shall make a determination1 and publish such determination in the ,federal ,register1 on whether to add fenceline monitoring for any stationary sources to-- 7#a7 ensure compliance of such stationary sources with existing emission standards under section #aab of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab72 7#b7 prevent accidental releases2 or 7#c7 protect the health of the communities most exposed to the emissions of hazardous air pollutants from such stationary sources to the greatest extent possible4 7g7 ,determination regarding emission factors ,not later than #c months before the program under subsection 7a7 terminates1 the ,administrator shall complete an evaluation and promulgate a determination whether any existing emission factors must be updated to better reflect or account for the results of fenceline monitoring data collected pursuant to ,method #cbe;,a or #cbe;,b or the program under subsection 7a74 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #gc1jjj1jjj for fiscal year #bjba4 #c4 ,community air toxics monitoring 7a7 ,regulations ,not later than one year after the date of enactment of this ,act1 the ,administrator shall promulgate regulations pursuant to section #aab7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7;d77 for each source category described in subsection 7b71 that-- 7#a7 require all sources in such source category to implement the best available form of continuous emissions monitoring and fenceline monitoring to assure compliance with the emission standards for hazardous air pollutants2 7#b7 for facilities in such source category that are required to submit risk management plans under section #aab7r7 of the ,clean ,air ,act1 to prevent accidental releases and provide for effective emergency response2 7#c7 establish a corrective action level at the fenceline for at least the top #c hazardous air pollutants that drive the cancer1 chronic non-cancer1 or acute risk for the source category2 and 7#d7 require a root cause analysis and consequences if such corrective action level is exceeded4 7b7 ,source categories ,the source categories described in this subsection shall include each category or subcategory of major sources or area sources containing-- 7#a7 at least one of the stationary sources of hazardous air pollutants that are on the list developed under section #b7;c72 7#b7 major sources or area sources identified in the most recent ,national ,emissions ,inventory of the ,environmental ,protection ,agency as emitting ethylene oxide1 chloroprene1 #a-c butadiene1 benzene1 or formaldehyde2 7#c7 chemical1 petrochemical1 or plastics manufacturing sources or marine vessel loading operations2 and 7#d7 any other major sources of fugitive hazardous air pollutant emissions for which the ,environmental ,protection ,agency is subject to a court-ordered or statutory deadline1 engaged in a reconsideration proceeding1 or subject to a court remand to1 not later than #b years after the date of enactment of this ,act1 review and determine whether to revise the emissions standards that apply to such sources4 7c7 ,determination of best available form of monitoring ,the ,administrator1 in consultation with the ,office of ,air ,quality ,planning and ,standards1 the ,office of ,enforcement and ,compliance ,assurance1 and the ,office of ,environmental ,justice1 shall1 for purposes of the regulations promulgated pursuant to subsection 7a71 determine the best available form of continuous emissions monitoring and fenceline monitoring and shall ensure the methods required are at least as stringent as ,method #cbe;,a and ,method #cbe;,b4 7d7 ,methods and technologies ,for all stationary sources in the source categories under subsection 7b71 the ,administrator shall1 in the regulations promulgated pursuant to subsection 7a7-- 7#a7 require application1 implementation1 or employment of-- 7,a7 ,method ,,to-#ae or optical remote sensing technology to provide real-time measurements of air pollutant concentrations along an open-path2 or 7,b7 other monitoring technology with the ability to provide real-time spatial and temporal data to understand the type and amount of emissions2 or 7#b7 provide an explanation of why application of ,method ,,to-#ae or the technologies described in paragraph 7#a7 is not necessary-- 7,a7 to assure compliance with the emission standards established under the regulations promulgated pursuant to subsections 7d7 and 7f7 of section #aab of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab71 as applicable2 or 7,b7 to protect the public health4 7e7 ,precautionary approach ,in promulgating the corrective action level for each of the hazardous air pollutants described in subsection 7a77#c71 the ,administrator shall take a precautionary approach to ensure that1 if the monitored concentration at the fenceline hits a level that has potential to cause any person to experience impaired quality of life1 become ill1 or die from cancer or any other chronic or acute health impairment related to short- or long-term air pollution exposure 7including any fetal exposure that begins in utero71 that the facility must reduce its emissions to prevent such harm4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ag1ejj1jjj for fiscal year #bjba4 #d4 ,criteria pollutant_/,,naaqs monitoring network 7a7 ,deployment of ,n,core multipollutant monitoring stations ,the ,administrator shall require an additional #hj ,n,core multipollutant monitoring stations4 7b7 ,deadline ,not later than #ab months after the date of enactment of this ,act1 the ,administrator shall ensure all ,n,core multipollutant monitoring stations required to be deployed under subsection 7a7 are installed and integrated into the air quality monitoring system established pursuant to section #cai of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfai74 7c7 ,monitoring results ,monitoring results from ,n,core multipollutant stations deployed pursuant to subsection 7a7 shall be used for purposes of comparison to national ambient air quality standards1 and for such other purposes as the ,administrator determines will promote the protection of public health from air pollution4 7d7 ,locations 7#a7 ,vulnerable populations 7,a7 ,census tracts ,the ,administrator shall ensure that at least #dj of the ,n,core multi-pollutant monitoring stations required under subsection 7a7 are sited in census tracts that each meet one or more of the following criteria3 7i7 ,the rates of childhood asthma1 adult asthma1 chronic obstructive pulmonary disease1 heart disease1 or cancer are higher than the national average for such condition in the census tract4 7ii7 ,the percentage of people living below the poverty level1 that are above age #ah without a high school diploma1 or that are unemployed1 is higher than the national average in the census tract4 7iii7 ,two or more major sources 7as defined in section #eja7b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa7b777 are located within the census tract and adjacent census tracts combined4 7iv7 ,,covid-#ai death rates are at least #aj percent higher than the national average in the census tract4 7v7 ,there is a higher than average population in the census tract of vulnerable or sensitive individuals who may be at greater risk than the general population of adverse health effects from exposure to one or more air pollutants for which national ambient air quality standards have been established pursuant to the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 including infants1 children1 pregnant women1 workers1 the elderly1 or individuals living in an environmental justice community4 7,b7 ,limitation ,not more than #a of the ,n,core multipollutant monitoring stations described in subparagraph 7,a7 may be sited within the same metropolitan statistical area1 municipality1 or county4 7#b7 ,siting determinations ,in determining and approving sites for ,n,core multipollutant monitoring stations required under subsection 7a71 the ,administrator shall-- 7,a7 invite proposals from or on behalf of residents of a community for the siting of such stations in such community2 7,b7 prioritize siting of such stations in census tracts or counties with per capita death rates from ,,covid-#ai that are at least #aj percent higher than the national average1 as of the date of enactment of this ,act or the date of the proposal2 and 7,c7 prior to making siting determinations1 provide public notice of proposed siting locations and provide an opportunity for public comment for at least #cj days thereafter-- 7i7 in the ,federal ,register1 by email to persons who have requested notice of proposed siting determinations2 by news release2 and 7ii7 by posting on the public website of the ,environmental ,protection ,agency4 7e7 ,report ,not later than #d months after the date of enactment of this ,act1 the ,administrator shall-- 7#a7 in coordination with the ,states1 complete an assessment1 which includes public input1 on the status of all ambient air quality monitors that are part of ,federal1 ,state1 or local networks and used for determining compliance with national ambient air quality standards to determine whether each such monitor is operational2 and 7#b7 report to ,congress1 and publish on the public website of the ,environmental ,protection ,agency1 a list of all non-operational monitors and an accompanying schedule and plan to restore all such monitors into full operation within one year4 7f7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #fa1jjj1jjj for fiscal year #bjba4 7#b7 ,uses ,the ,administrator-- 7,a7 may use amounts made available to carry this section to-- 7i7 directly to deploy ,n,core multipollutant monitoring stations required under subsection 7a72 or 7ii7 make grants under section #aje of the ,clean ,air ,act to ,state and local governments for deployment and operation of such ,n,core multipollutant monitoring stations2 and 7,b7 shall use at least #e percent1 but not more than #aj percent1 of amounts made available to carry out this section to perform maintenance and repairs necessary to restore to operation to currently non-operational monitors located in nonattainment areas for ozone or ,,pm#b4e4 #e4 ,sensor ,monitoring 7a7 ,deployment of air quality sensors ,not later than #f months after the date of enactment of this ,act1 the ,administrator shall deploy at least #a1jjj air quality sensors1 that each cost #b1jjj or less1 in census tracts or counties with per capita death rates from ,,covid-#ai that are at least #aj percent higher than the national average as of the date of enactment of this ,act4 7b7 ,pollutants ,each sensor deployed pursuant to subsection 7a7 shall measure ozone1 ,,pm#b4e1 or sulfur dioxide4 ,the ,administrator shall determine which pollutant or pollutants to monitor based on the pollution sources affecting the area in which the sensor is to be deployed4 7c7 ,priority ,the ,administrator shall give priority for deployment of sensors pursuant to subsection 7a7 to census tracts or counties that-- 7#a7 lack ,,slams for the pollutant or pollutants that sensors would be deployed to measure2 7#b7 have1 or are substantially impacted by1 significant emissions of ozone1 ,,pm#b4e1 or sulfur dioxide2 and 7#c7 are not part of an area designated as nonattainment under the ,clean ,air ,act for the air pollutant or pollutants to be monitored4 7d7 ,contracts ,the ,administrator shall contract with qualified nonprofit organizations and ,state and local air pollution control agencies to execute deployment of the monitors in a manner that will ensure representative measurement of ambient air quality1 and provide the public with real-time online access to the data collected4 7e7 ,determination and installation ,not later than #f months after one year of monitoring with sensors deployed pursuant to subsection 7a7 has been completed1 the ,administrator shall determine whether data from the sensor or sensors deployed in a census track or county show air pollution levels during such year reached #ih percent of the national ambient air quality standard for any of the air pollutants described in subsection 7b71 and not later than #f months after such determination1 the ,administrator shall ensure that ,federal ,reference ,method monitors or ,federal ,equivalent ,method monitors are installed and in operation within the census tract or county for each pollutant that reached or exceeded the #ih percent level4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #b1ejj1jjj4 #f4 ,environmental health disparities research grant programs 7a7 ,centers of excellence on environmental health disparities research grants ,the ,director of the ,national ,institutes of ,health1 in coordination with the ,national ,center for ,environmental ,research at the ,environmental ,protection ,agency1 shall carry out a ,centers of ,excellence on ,environmental ,health ,disparities ,research grant program4 ,such program shall establish and support no fewer than #aj research centers with #e year awards to-- 7#a7 conduct basic and applied research on environmentally driven health disparities2 7#b7 establish1 develop1 or expand collaborations with other researchers and organizations involved in environmental health disparities and affected communities2 7#c7 disseminate scientific knowledge to other researchers and members of affected communities2 7#d7 recruit and mentor investigators to conduct environmental health disparities research1 including investigators from health disparities populations2 and 7#e7 other activities1 as determined by the ,director4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this program #ae1jjj1jjj for each of fiscal years #bjba thru #bjbf4 #g4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,accidental release ,the term accidental release has the meaning given such term in section #aab7r7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7r774 7#c7 ,area source2 existing source2 hazardous air pollutant2 major source2 new source2 stationary source ,except as otherwise provided1 the terms area source1 existing source1 hazardous air pollutant1 major source1 new source1 and stationary source have the meaning given such terms in section #aab7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7;a774 7#d7 ,,covid-#ai ,the term ,,covid-#ai means the novel coronavirus disease #bjai that is the subject of the declaration of a public health emergency by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #bg1 #bjbj4 7#e7 ,method #cbe;,a ,the term ,method #cbe;,a means the ,air ,emission ,measurement ,center promulgated test method titled ,volatile ,organic ,compounds from ,fugitive and ,area ,sources3 ,sampler ,deployment and ,,voc ,sample ,collection4 7#f7 ,method #cbe;,b ,the term ,method #cbe;,b means the ,air ,emission ,measurement ,center promulgated test method titled ,volatile ,organic ,compounds from ,fugitive and ,area ,sources3 ,sampler ,preparation and ,analysis4 7#g7 ,method ,,to-#ae ,the term ,method ,,to-#ae means the test method titled ,determination of ,volatile ,organic ,compounds 7,v,o,cs7 ,in ,air ,collected ,in ,specially-,prepared ,canisters ,and ,analyzed ,by ,gas ,chromatography ,mass ,spectrometry 7,,gc_/,,ms7 published in ,compendium of ,methods for the ,determination of ,toxic ,organic ,compounds in ,ambient ,air1 ,second ,edition4 7#h7 ,n,core and ,,slams ,the terms ,n,core and ,,slams have the meaning given such terms in section #eh4a of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#i7 ,synthetic area source ,the term synthetic area source has the meaning given synthetic minor ,,hap source in section #di4aeb of title #dj1 ,code of ,federal ,regulations 7or successor regulations74