[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3529 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3529
To protect clean air and public health by expanding fenceline and
ambient air monitoring and access to air quality information for
communities affected by air pollution, to require hazardous air
pollutant monitoring at the fenceline of facilities whose emissions are
linked to local health threats, to ensure the Environmental Protection
Agency promulgates rules that require hazardous air pollutant data
measurement and electronic submission at fencelines and stacks of
industrial source categories, to expand and strengthen the national
ambient air quality monitoring network, to deploy air quality systems
in communities affected by air pollution, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2025
Ms. Blunt Rochester (for herself, Ms. Duckworth, Mr. Durbin, Mr.
Markey, Mr. Merkley, Mr. Van Hollen, and Mr. Padilla) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To protect clean air and public health by expanding fenceline and
ambient air monitoring and access to air quality information for
communities affected by air pollution, to require hazardous air
pollutant monitoring at the fenceline of facilities whose emissions are
linked to local health threats, to ensure the Environmental Protection
Agency promulgates rules that require hazardous air pollutant data
measurement and electronic submission at fencelines and stacks of
industrial source categories, to expand and strengthen the national
ambient air quality monitoring network, to deploy air quality systems
in communities affected by air pollution, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Health Air Quality Act of
2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Accidental release.--The term ``accidental release''
has the meaning given the term in section 112(r)(2) of the
Clean Air Act (42 U.S.C. 7412(r)(2)).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Air quality system.--The term ``air quality system''
means an air quality sensor or set of sensors installed
together with instruments to measure meteorology and store and
transmit data.
(4) Area source; hazardous air pollutant; major source; new
source; stationary source.--Except as otherwise provided, the
terms ``area source'', ``hazardous air pollutant'', ``major
source'', ``new source'', and ``stationary source'' have the
meanings given those terms in section 112(a) of the Clean Air
Act (42 U.S.C. 7412(a)).
(5) Cumulative impact.--The term ``cumulative impact''
means the totality of exposures to combinations of chemical and
nonchemical stressors, and the effects of those exposures on
health, well-being, and quality of life outcomes.
(6) Cumulative risk.--The term ``cumulative risk'' means
the combined risks to health or the environment from multiple
agents or stressors.
(7) Emissions measurement system.--The term ``emissions
measurement system'' means a set of monitors, testing
equipment, tools, and processes employed at a facility to
measure emissions from direct and fugitive points at a source
or facility or at the fenceline of the source or facility that
employs Environmental Protection Agency-approved or promulgated
test methods for all measured pollutants for which a method is
available.
(8) Federal equivalent method; federal reference method.--
The terms ``Federal equivalent method'' and ``Federal reference
method'' have the meanings given those terms in section 53.1 of
title 40, Code of Federal Regulations (or to the same or
substantially similar terms in successor regulations).
(9) Method 325a.--The term ``Method 325A'' means the most
current version of the test method 325A published by the
Environmental Protection Agency.
(10) Method 325b.--The term ``Method 325B'' means the most
current version of the test method 325B published by the
Environmental Protection Agency.
(11) METHOD 327.--The term ``Method 327'' means the most
current version of the test method 327 published by the
Environmental Protection Agency.
(12) Method to-15a.--The term ``Method TO-15A'' means the
most current version of the test method TO-15 (including TO-
15A) published by the Environmental Protection Agency.
(13) National air toxics trends network.--The term
``National Air Toxics Trends Network'' means the long-term
hazardous air pollutants monitoring data network established by
the Environmental Protection Agency to assess trends and
emissions reduction program effectiveness.
(14) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard established under section 109 of
the Clean Air Act (42 U.S.C. 7409).
(15) NCore.--The term ``NCore'' has the meaning given the
term in section 58.1 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act).
(16) Office of research and development.--The term ``Office
of Research and Development'' means the Office of Research and
Development of the Environmental Protection Agency.
(17) PFAS terms.--The terms ``perfluoroalkyl substance''
and ``polyfluoroalkyl substance'' have the meanings given those
terms in section 7331(2)(B) of the PFAS Act of 2019 (15 U.S.C.
8931(2)(B)).
(18) Real-time.--The term ``real-time'' means the actual or
near actual time during which pollutant levels occur at or near
the property boundary of a facility or in a nearby community.
(19) Source.--The term ``source'' is within the meaning of
the Clean Air Act (42 U.S.C. 7401 et seq.).
(20) Test method.--The term ``test method'' means a method
described in the most recent document of the Environmental
Protection Agency entitled ``Compendium of Methods for the
Determination of Toxic Organic Compounds in Ambient Air''.
SEC. 3. HEALTH EMERGENCY AIR TOXICS MONITORING NETWORK.
(a) Monitoring.--
(1) In general.--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.
(2) Monitoring period.--
(A) In general.--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.
(B) Subsequent monitoring.--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--
(i) maintaining monitors at all or some
sources under the program under paragraph (1);
and
(ii) adding or moving monitors under the
program under paragraph (1) to additional
sources, following the process for substitution
of sources in subsection (g).
(C) Shortened period.--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.
(D) Additional inspections and testing.--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.
(b) Publication of Results.--
(1) In general.--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--
(A) in a highly accessible format;
(B) in a centralized database maintained in
multiple languages; and
(C) for a period of at least 10 years.
(2) Immediate availability.--The Administrator shall ensure
that the monitoring data collected under the program under
subsection (a)(1) are--
(A) electronically submitted to the Administrator
not later than 1 month after the date of collection of
the data; and
(B) made publicly available as expeditiously as
practicable, but in any case not later than 7 days
after the electronic submission of the data.
(c) List of Sources.--
(1) Development.--
(A) In general.--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--
(i) at least 45 of the sources listed--
(I) 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
(II) 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
(ii) at least 55 other major sources or
area sources that meet the criteria described
in paragraph (2).
(B) Substitution.--
(i) In general.--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--
(I) cease to include that source in
the list under subparagraph (A); and
(II) 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.
(ii) Description of reasons.--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--
(I) any determination to make a
substitution under clause (i); and
(II) 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.
(iii) Requirement.--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.
(2) Criteria.--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--
(A) emits at least 1 of the pollutants described in
paragraph (3);
(B) is--
(i) located in, or within 3 miles of, a
census tract with--
(I) a cancer risk of at least 100-
in-1,000,000; or
(II) a chronic noncancer hazard
index that is greater than or equal to
1; or
(ii) in a source category with--
(I) a cancer risk that is greater
than 100-in-1,000,000 for the
individual most exposed to emissions
from the source category;
(II) a total organ-specific hazard
index for chronic noncancer risk that
is greater than or equal to 1; or
(III) an acute risk hazard quotient
that is greater than or equal to 1; and
(C)(i) is classified in 1 or more of North American
Industry Classification System codes 322, 324, 325,
326, 331, 332, 339, 424, and 562;
(ii)(I) 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
(II) 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
(iii) is determined by the Administrator to be a
high-priority source or facility for emissions
measurement because--
(I) 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
(II) 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.
(3) Pollutants.--The pollutants described in this paragraph
are--
(A) ethylene oxide, CAS 75218;
(B) chloroprene, CAS 126998;
(C) benzene, CAS 71432;
(D) 1,3-butadiene, CAS 106990;
(E) formaldehyde, CAS 50000;
(F) acetaldehyde, CAS 75070;
(G) lead compounds;
(H) arsenic compounds;
(I) antimony compounds;