Sec. 3. Health emergency air toxics monitoring network
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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.
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. 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— maintaining monitors at all or some sources under the program under paragraph (1); and adding or moving monitors under the program under paragraph
(1)to additional sources, following the process for substitution of sources in subsection (g). 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. 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. 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— in a highly accessible format; in a centralized database maintained in multiple languages; and for a period of at least 10 years. The Administrator shall ensure that the monitoring data collected under the program under subsection (a)(1) are— electronically submitted to the Administrator not later than 1 month after the date of collection of the data; and made publicly available as expeditiously as practicable, but in any case not later than 7 days after the electronic submission of the data. 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— at least 45 of the sources listed— 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 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 at least 55 other major sources or area sources that meet the criteria described in paragraph (2). 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— cease to include that source in the list under subparagraph (A); and 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. 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— any determination to make a substitution under clause (i); and 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. 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. 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— emits at least 1 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-1,000,000; or a chronic noncancer hazard index that is greater than or equal to 1; or in a source category with— a cancer risk that is greater than 100-in-1,000,000 for the individual most exposed to emissions from the source category; a total organ-specific hazard index for chronic noncancer risk that is greater than or equal to 1; or an acute risk hazard quotient that is greater than or equal to 1; and is classified in 1 or more of North American Industry Classification System codes 322, 324, 325, 326, 331, 332, 339, 424, and 562; 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 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 is determined by the Administrator to be a high-priority source or facility for emissions measurement because— 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 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. The pollutants described in this paragraph are— ethylene oxide, CAS 75218; chloroprene, CAS 126998; benzene, CAS 71432; 1,3–butadiene, CAS 106990; formaldehyde, CAS 50000; acetaldehyde, CAS 75070; lead compounds; arsenic compounds; antimony compounds; cadmium compounds; cobalt compounds; nickel compounds; manganese compounds; vinyl chloride; ethylene dichloride; naphthalene; ethylbenzene; methyl mercury; epichlorohydrin; xylenes; acrylonitrile; 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— are, or may be contributing to, serious health risks; or warrant emissions quantification and measurement due to the public interest in evaluating the emissions and effects of the pollutant; and 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) ). In carrying out this subsection, the Administrator shall— use— 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— account for, and therefore demonstrate higher risks to, the individual or community most exposed to the emissions; and account for adverse neurological, developmental, or other health impacts in utero, in childhood, and in adolescence; the Risk-Screening Environmental Indicators model of the Administrator in effect as of December 31, 2024; a prior health risk assessment that was performed by the Administrator for the applicable source or source category before January 1, 2025; or a new health risk assessment performed by the Administrator for the applicable source or source category that— is more complete and addresses more or greater risks than previously considered; 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 considers, with respect to the applicable source or facility— cumulative risks and cumulative impacts; increased vulnerability that results from socioeconomic disparities; multiple source exposure; and exposure in utero, in childhood, in adolescence, and through the age of 85; and consider— the most recent emission tests available to the Administrator or received by the Environmental Protection Agency in public comment; and any fenceline or ambient monitoring data for which an Environmental Protection Agency-approved data quality check has been performed. 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— 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 for each stationary source described in paragraph (2), the best available method for continuous, real-time measurement of air pollutant concentrations. A stationary source referred to in paragraph (1)(B) is— not less than each of the 20 stationary sources on the list published under subsection (c)(1) that— emits the greatest quantity or rate of pollutants described in subsection (c)(3); or 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— 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; the Risk-Screening Environmental Indicators model of the Administrator; a prior health risk assessment that was performed by the Administrator for the applicable source or source category; or a new health risk assessment performed by the Administrator that— follows the best available science (including the most recent guidance from the National Academy of Sciences); and 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 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; any other stationary source on the list published under subsection (c)(1) that— is regulated under paragraph
(7)of section 112(r) of the Clean Air Act ( 42 U.S.C. 7412(r) ); and 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 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— to monitor and report the pollutants described in subsection (c)(3) that are emitted by that stationary source; or to advance public health and safety. The Administrator shall— 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 otherwise strengthen the test methods described in clause
(i)to support effective hazardous air pollutant measurement and the full implementation of this Act. 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— 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 at least 1 method that represents the best and most accurate form of multimetal monitoring based on the best available science. 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— 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 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. 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. 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. The maintenance required under paragraph
(1)shall include a maintenance check of the monitor not less frequently than once every 180 days, unless— the test method used by the monitor requires a maintenance check more frequently; or a maintenance check is requested by a member of the public. 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— to track the maintenance of monitors under this subsection; and to request a maintenance check of a monitor. 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— the results of emissions measurement implemented under that program; any actions of the Administrator taken based on that emissions measurement data or program; and whether the Administrator proposes— to continue emissions measurements at any or all of the stationary sources on the list published under subsection (c)(1); or to implement emissions measurements of any additional stationary sources as determined under subsection (g). 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— 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)— to ensure compliance of those stationary sources with existing emission standards under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ); to prevent and detect accidental releases; 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 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 publish a determination under paragraph
(1)in the Federal Register. 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— describes the staffing that is available, necessary, and planned to carry out this section; and 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. 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. There is authorized to be appropriated to carry out this section $146,000,000 for the period of fiscal years 2026 and 2027.
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