Sec. 2. Health emergency air toxics monitoring
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Not later than 120 days after the date of enactment of this Act, the Administrator shall carry out a program to administer or conduct, pursuant to authority provided under the Clean Air Act ( 42 U.S.C. 7401 et seq.), including section 114 of such Act ( 42 U.S.C. 7414 ), the best available form of fenceline monitoring of stationary sources of hazardous air pollutants that are on the list developed under subsection (c). The Administrator shall publish and maintain the results of all fenceline monitoring conducted under the program under subsection
(a)on the website of the Environmental Protection Agency for a period of at least 5 years. The Administrator shall develop a list of stationary sources of hazardous air pollutants that includes— the 25 high-priority facilities listed in Appendix A of the Environmental Protection Agency’s Office of Inspector General Report #20–N–0128 (March 31, 2020); and at least another 25 major sources or synthetic area sources. The Administrator may include a stationary source on the list developed under paragraph
(1)only if the source— emits at least one of the pollutants described in paragraph (3); is— located in, or within 3 miles of, a census tract with— a cancer risk of at least 100-in-1 million; or a chronic non-cancer hazard index that is above 1 based on the most recent National Air Toxics Assessment; or in a source category with— a cancer risk that is at least 50-in-1 million; a total organ-specific hazard index for chronic non-cancer risk that is greater than 1; or an acute risk hazard quotient that is greater than 1; and is— classified in one or more of North American Industry Classification System codes 322, 324, 325; or required to prepare and implement a risk management plan pursuant to section 112(r) of the Clean Air Act ( 42 U.S.C. 7412(r) ) and had an accidental release required to be reported during the previous 3 years pursuant to section 68.42 or 68.195 of title 40 Code of Federal Regulations (as in effect on the date of enactment of this Act). The pollutants described in this paragraph are ethylene oxide, chloroprene, benzene, 1,3-butadiene, and formaldehyde. Except as provided in paragraph (2), in carrying out the program under subsection (a), the Administrator shall— for each stationary source on the list developed under subsection (c)(1), employ, as necessary to monitor the pollutants described in subsection (c)(3) emitted by such stationary source, at least— Method 325A and Method 325B; and Method TO–15; and for each of the 10 stationary sources on such list that either emit the greatest volume of pollutants described in subsection (c)(3), or cause the greatest health risk as determined by the Administrator based on a residual risk assessment performed pursuant to section 112(f)(2) of the Clean Air Act ( 42 U.S.C. 7412(f)(2) ) or based on the most recent National Air Toxics Assessment due to such emissions individually, as a group, or cumulatively with all hazardous air pollutants emitted by such sources, and for any other stationary source on such list for which application of the methods described in subparagraph
(A)alone will not be sufficient to monitor and report any such pollutants that are emitted by such stationary source, employ— optical remote sensing technology to provide real-time measurements of air pollutant concentrations along an open-path; or other monitoring technology with the ability to provide real-time spatial and temporal data to understand the type and amount of emissions. If the Administrator determines it necessary to update Method 325A and Method 325B to implement this section, the Administrator shall update such Method 325A and Method 325B not later than 90 days after the date of enactment of this Act. If the Administrator determines it necessary to approve a new test method to implement this section, the Administrator shall finalize such a method not later than 1 year after the date of enactment of this Act. Not later than 18 months after the date of enactment of this Act, the Administrator shall report on the results of the program carried out under subsection (a), including— the results of fenceline monitoring implemented under the program under subsection (a); any enforcement, regulatory, or permitting actions taken based on such fenceline monitoring; and whether the Administrator proposes to continue fenceline monitoring at any or all of the stationary sources on the list developed under subsection (c)(1), or to implement fenceline monitoring of any additional stationary sources as determined under subsection (f). Not later than 3 months before the program under subsection
(a)terminates, the Administrator shall make a determination, and publish such determination in the Federal Register, on whether to add fenceline monitoring for any stationary sources to— ensure compliance of such stationary sources with existing emission standards under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ); prevent accidental releases; or protect the health of the communities most exposed to the emissions of hazardous air pollutants from such stationary sources to the greatest extent possible. Not later than 3 months before the program under subsection
(a)terminates, the Administrator shall complete an evaluation and promulgate a determination whether any existing emission factors must be updated to better reflect or account for the results of fenceline monitoring data collected pursuant to Method 325A or 325B or the program under subsection (a). There is authorized to be appropriated to carry out this section $73,000,000 for fiscal year 2021.
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