Sec. 3. Community air toxics monitoring
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Not later than one year after the date of enactment of this Act, the Administrator shall promulgate regulations pursuant to section 112(d) of the Clean Air Act ( 42 U.S.C. 7412(d) ) for each source category described in subsection (b), that— require all sources in such source category to implement the best available form of continuous emissions monitoring and fenceline monitoring to assure compliance with the emission standards for hazardous air pollutants; for facilities in such source category that are required to submit risk management plans under section 112(r) of the Clean Air Act, to prevent accidental releases and provide for effective emergency response; establish a corrective action level at the fenceline for at least the top 3 hazardous air pollutants that drive the cancer, chronic non-cancer, or acute risk for the source category; and require a root cause analysis and consequences if such corrective action level is exceeded.
The source categories described in this subsection shall include each category or subcategory of major sources or area sources containing— at least one of the stationary sources of hazardous air pollutants that are on the list developed under section 2(c); major sources or area sources identified in the most recent National Emissions Inventory of the Environmental Protection Agency as emitting ethylene oxide, chloroprene, 1–3 butadiene, benzene, or formaldehyde; chemical, petrochemical, or plastics manufacturing sources or marine vessel loading operations; and any other major sources of fugitive hazardous air pollutant emissions for which the Environmental Protection Agency is subject to a court-ordered or statutory deadline, engaged in a reconsideration proceeding, or subject to a court remand to, not later than 2 years after the date of enactment of this Act, review and determine whether to revise the emissions standards that apply to such sources.
The Administrator, in consultation with the Office of Air Quality Planning and Standards, the Office of Enforcement and Compliance Assurance, and the Office of Environmental Justice, shall, for purposes of the regulations promulgated pursuant to subsection (a), determine the best available form of continuous emissions monitoring and fenceline monitoring and shall ensure the methods required are at least as stringent as Method 325A and Method 325B. For all stationary sources in the source categories under subsection (b), the Administrator shall, in the regulations promulgated pursuant to subsection (a)— require application, implementation, or employment of— Method TO–15 or 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; or provide an explanation of why application of Method TO–15 or the technologies described in paragraph
(1)is not necessary— to assure compliance with the emission standards established under the regulations promulgated pursuant to subsections
(d)and
(f)of section 112 of the Clean Air Act ( 42 U.S.C. 7412 ), as applicable; or to protect the public health. In promulgating the corrective action level for each of the hazardous air pollutants described in subsection (a)(3), the Administrator shall take a precautionary approach to ensure that, if the monitored concentration at the fenceline hits a level that has potential to cause any person to experience impaired quality of life, become ill, or die from cancer or any other chronic or acute health impairment related to short- or long-term air pollution exposure (including any fetal exposure that begins in utero), that the facility must reduce its emissions to prevent such harm. There is authorized to be appropriated to carry out this section $17,500,000 for fiscal year 2021.
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Sec. 3
Community air toxics monitoring
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