42 U.S.C. § 7619 : US Code - Section 7619: Air quality monitoring

Search 42 U.S.C. § 7619 : US Code - Section 7619: Air quality monitoring

(a) In general
After notice and opportunity for public hearing, the
Administrator shall promulgate regulations establishing an air
quality monitoring system throughout the United States which -
(1) utilizes uniform air quality monitoring criteria and
methodology and measures such air quality according to a uniform
air quality index,
(2) provides for air quality monitoring stations in major urban
areas and other appropriate areas throughout the United States to
provide monitoring such as will supplement (but not duplicate)
air quality monitoring carried out by the States required under
any applicable implementation plan,
(3) provides for daily analysis and reporting of air quality
based upon such uniform air quality index, and
(4) provides for recordkeeping with respect to such monitoring
data and for periodic analysis and reporting to the general
public by the Administrator with respect to air quality based
upon such data.
The operation of such air quality monitoring system may be carried
out by the Administrator or by such other departments, agencies, or
entities of the Federal Government (including the National Weather
Service) as the President may deem appropriate. Any air quality
monitoring system required under any applicable implementation plan
under section 7410 of this title shall, as soon as practicable
following promulgation of regulations under this section, utilize
the standard criteria and methodology, and measure air quality
according to the standard index, established under such
regulations.
(b) Air quality monitoring data influenced by exceptional events
(1) Definition of exceptional event
In this section:
(A) In general
The term "exceptional event" means an event that -
(i) affects air quality;
(ii) is not reasonably controllable or preventable;
(iii) is an event caused by human activity that is unlikely
to recur at a particular location or a natural event; and
(iv) is determined by the Administrator through the process
established in the regulations promulgated under paragraph
(2) to be an exceptional event.
(B) Exclusions
In this subsection, the term "exceptional event" does not
include -
(i) stagnation of air masses or meteorological inversions;
(ii) a meteorological event involving high temperatures or
lack of precipitation; or
(iii) air pollution relating to source noncompliance.
(2) Regulations
(A) Proposed regulations
Not later than March 1, 2006, after consultation with Federal
land managers and State air pollution control agencies, the
Administrator shall publish in the Federal Register proposed
regulations governing the review and handling of air quality
monitoring data influenced by exceptional events.
(B) Final regulations
Not later than 1 year after the date on which the
Administrator publishes proposed regulations under subparagraph
(A), and after providing an opportunity for interested persons
to make oral presentations of views, data, and arguments
regarding the proposed regulations, the Administrator shall
promulgate final regulations governing the review and handling
or (!1) air quality monitoring data influenced by an
exceptional event that are consistent with paragraph (3).
(3) Principles and requirements
(A) Principles
In promulgating regulations under this section, the
Administrator shall follow -
(i) the principle that protection of public health is the
highest priority;
(ii) the principle that timely information should be
provided to the public in any case in which the air quality
is unhealthy;
(iii) the principle that all ambient air quality data
should be included in a timely manner,(!2) an appropriate
Federal air quality database that is accessible to the
public;
(iv) the principle that each State must take necessary
measures to safeguard public health regardless of the source
of the air pollution; and
(v) the principle that air quality data should be carefully
screened to ensure that events not likely to recur are
represented accurately in all monitoring data and analyses.
(B) Requirements
Regulations promulgated under this section shall, at a
minimum, provide that -
(i) the occurrence of an exceptional event must be
demonstrated by reliable, accurate data that is promptly
produced and provided by Federal, State, or local government
agencies;
(ii) a clear causal relationship must exist between the
measured exceedances of a national ambient air quality
standard and the exceptional event to demonstrate that the
exceptional event caused a specific air pollution
concentration at a particular air quality monitoring
location;
(iii) there is a public process for determining whether an
event is exceptional; and
(iv) there are criteria and procedures for the Governor of
a State to petition the Administrator to exclude air quality
monitoring data that is directly due to exceptional events
from use in determinations by the Administrator with respect
to exceedances or violations of the national ambient air
quality standards.
(4) Interim provision
Until the effective date of a regulation promulgated under
paragraph (2), the following guidance issued by the Administrator
shall continue to apply:
(A) Guidance on the identification and use of air quality
data affected by exceptional events (July 1986).
(B) Areas affected by PM-10 natural events, May 30, 1996.
(C) Appendices I, K, and N to part 50 of title 40, Code of
Federal Regulations.