Sec. 4. Community air toxics monitoring
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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— 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; 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— continuous, real-time monitoring to provide for effective emergency response and provide information to prevent future releases; and emissions measurement, including fenceline monitoring, to provide for effective emergency response and provide information to prevent future releases; subject to subsection (e)— 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 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) ); if any applicable corrective action level under paragraph (3)(A) is exceeded, require— a root cause analysis and preventive action report; 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 a public report that— describes— the results of the root cause analysis and preventive action report under subparagraph (A); and the remedial actions taken under subparagraph (B); and certifies that a violation of the Clean Air Act ( 42 U.S.C. 7401 et seq. ) has occurred; and 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 ). The source categories described in this subsection include— each category or subcategory of major sources or area sources that— contains— at least 1 of the stationary sources of hazardous air pollutants that are on the list published under section 3(c); 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); 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 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 contains any stationary source 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 under that section and the regulations thereunder that were in effect as of January 1, 2025; and 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. 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)— determine the best available form of emissions measurement, including continuous emissions monitoring and fenceline monitoring; and 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. 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. 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)— require application, implementation, or employment of optical remote sensing technology to provide real-time measurements of air pollutant concentrations along an open-path; or provide an explanation of why application, implementation, or employment of 1 or more of the technologies described in subparagraph
(A)is not necessary— 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 to protect the public health, to prevent accidental releases, or to provide for effective emergency response. In this paragraph, the term multiple-source or facility complex means 1 or more stationary sources co-located at the same site. 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— real-time, open-path monitoring; and Method 325A, Method 325B, and Method 327, as applicable depending on the types of emissions to be measured. 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. In promulgating the corrective action level for each of the hazardous air pollutants described in subsection (a)(3)(A), the Administrator shall— consider the best available science, including applying the most health-protective approach possible and applying a precautionary approach to account for uncertainty; 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— increase harm to public health or safety (including through an increased health risk to any individual, including a child); or 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— health harms resulting from odors, irritation, sensitizing effects, or any combination of those harms; a chronic condition (including neurodevelopmental) or disease (including cancer and other illnesses); or death; and 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. In the regulations promulgated pursuant to subsection (a), the Administrator shall ensure that— the owners or operators of sources subject to the requirements of this section— perform regular inspections and maintenance of all measured equipment required under this section; and submit to the Administrator regular reports that— include the measured emissions data collected by that emissions measurement equipment; describe the status of that measurement equipment; and contain a detailed explanation of the circumstances surrounding a delay in collecting or missing data; 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 any problem with the fenceline monitoring equipment required under this section is repaired within 2 days of discovering the problem. In the regulations promulgated pursuant to subsection (a), the Administrator shall— require the owner or operator of a stationary source subject to such regulations to report, with respect to the source, at least semiannually— all exceedances of any corrective action level; and all corrective action planned and taken; and for purposes of imposing penalties, treat each day on which a violation of a reporting requirement under subparagraph
(A)continues as a separate violation. 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— all emissions measurement plans, reports, and other information collected or required under this section; all emissions measurement data collected by monitoring equipment required under this section; and 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— a health reference level of the Administrator that has been scientifically peer-reviewed; a health reference level approved by the Administrator that has been scientifically peer-reviewed; a health reference level approved by any State or Tribal government that has been scientifically peer-reviewed; or the applicable corrective action level under subsection (a)(3)(A). 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). 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. 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. 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 $50,000,000 for the period of fiscal years 2026 and 2027.
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