§7619 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Administrator must set up a national air quality monitoring system after giving notice and a chance for public hearing. The system must use the same methods and a single air quality index everywhere. It must put monitors in big cities and other places so they add to (but do not repeat) state monitors. The system must give daily analysis and reports using the same index. It must keep records of the monitoring data and the Administrator must report to the public from time to time. The law defines an "exceptional event" as something that affects air quality, cannot reasonably be controlled or prevented, is either a rare human-caused event at a location or a natural event, and is formally found to be exceptional by the Administrator. Exceptional events do not include air mass stagnation or inversions, very hot or dry weather, or pollution from sources breaking rules. By March 1, 2006 the Administrator had to publish proposed rules on handling data affected by exceptional events, and finalize them within one year after public input. The rules must put public health first, give timely notice when air is unhealthy, include all ambient data in a public federal database, require states to protect health no matter the pollution source, and carefully screen rare events. At minimum the rules must require accurate, prompt government data to show an event happened, a clear link between the event and any standard exceedance, a public process to decide if an event is exceptional, and a way for a Governor to ask to exclude event-related data. Until those rules take effect, specified prior guidance (July 1986 guidance; May 30, 1996 PM–10 notice; and Appendices I, K, and N to 40 CFR part 50) stays in force.

Title 42, §7619

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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.

(b)(1)In this section:

(A)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)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)(A)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)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 11 So in original. Probably should be “of”. air quality monitoring data influenced by an exceptional event that are consistent with paragraph (3).

(3)(A)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,22 So in original. Probably should be followed by “in”. 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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2005—Pub. L. 109–59 designated existing provisions as subsec. (a), inserted heading, substituted “After notice and opportunity for public hearing” for “Not later than one year after August 7, 1977, and after notice and opportunity for public hearing”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an

Effective Date

of 1977 Amendment note under section 7401 of this title.

§7619 Air quality monitoring

Summary

Title 42, §7619

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata