Public Health Air Quality Act of 2022: Congressional Legislation Introduced to Expand Fenceline/Ambient Air Monitoring

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Congressman Rochester (Delaware) and Senator Duckworth (Illinois) have introduced S.4510 which is denominated the Public Health Air Quality Act of 2022 (“S.4510”).

The legislation addresses Clean Air Act monitoring issues.

S.4510 would require:

  • Expanding fenceline and ambient air monitoring
  • Expanding access to air quality information for communities affected by air pollution
  • Hazardous air pollutant monitoring at the fenceline of facilities whose emissions are linked to local health threats (requiring immediate fenceline monitoring for toxic air pollutants at 100 facilities as defined by the legislation)
  • The United States Environmental Protection Agency (“EPA”) to promulgate rules that require hazardous air pollutant data measurement and electronic submission at fencelines/stacks of industrial source categories
  • Expanding/strengthening the Clean Air Act National Ambient Air Quality Standard monitoring network (requiring the addition of at least 80 new NCore multi-pollutant monitoring stations in certain communities where necessary to protect asthmatics and persons with other health conditions)
  • Deployment of air sensors in communities affected by air pollution
  • Updating emission test methods and emission factors if necessary based on new air data
  • Ensuring the fenceline monitoring and continuous emission monitoring are core components of national emission standards for certain categorical sources
  • Additional 100 pollutant-specific monitors must be deployed in unmonitored or under-monitored areas
  • Assessment and report on the status of the entire monitoring network including the plan to address all failing monitors, encompassing the repair and maintenance
  • Integration of data collected through the referenced programs into EJSCREEN

S.4510 has been referred to the United States Senate Environment and Public Works Committee.

A copy of S.4510 can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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