42 U.S. Code § 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.


[1]  So in original. Probably should be “of”.

[2]  So in original. Probably should be followed by “in”.

Source

(July 14, 1955, ch. 360, title III, § 319, as added Pub. L. 95–95, title III, § 309,Aug. 7, 1977, 91 Stat. 781; amended Pub. L. 109–59, title VI, § 6013(a),Aug. 10, 2005, 119 Stat. 1882.)
Amendments

2005—Pub. L. 109–59designated 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).
Effective Date

Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) ofPub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


40 CFR - Protection of Environment

40 CFR Part 3 - CROSS-MEDIA ELECTRONIC REPORTING

40 CFR Part 6 - PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT AND ASSESSING THE ENVIRONMENTAL EFFECTS ABROAD OF EPA ACTIONS

40 CFR Part 9 - OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

40 CFR Part 51 - REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS

40 CFR Part 58 - AMBIENT AIR QUALITY SURVEILLANCE

40 CFR Part 62 - APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS

40 CFR Part 72 - PERMITS REGULATION

40 CFR Part 81 - DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

40 CFR Part 85 - CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

40 CFR Part 86 - CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES

40 CFR Part 89 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

40 CFR Part 90 - CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS

40 CFR Part 91 - CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES

40 CFR Part 92 - CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE ENGINES

40 CFR Part 93 - DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL IMPLEMENTATION PLANS

40 CFR Part 94 - CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES

40 CFR Part 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

40 CFR Part 1027 - FEES FOR ENGINE, VEHICLE, AND EQUIPMENT COMPLIANCE PROGRAMS

40 CFR Part 1036 - CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY HIGHWAY ENGINES

40 CFR Part 1037 - CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

40 CFR Part 1039 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

40 CFR Part 1045 - CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION MARINE ENGINES AND VESSELS

40 CFR Part 1048 - CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-IGNITION ENGINES

40 CFR Part 1051 - CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES

40 CFR Part 1054 - CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-IGNITION ENGINES AND EQUIPMENT

40 CFR Part 1060 - CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE NONROAD AND STATIONARY EQUIPMENT

40 CFR Part 1065 - ENGINE-TESTING PROCEDURES

40 CFR Part 1066 - VEHICLE-TESTING PROCEDURES

40 CFR Part 1068 - GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY, AND NONROAD PROGRAMS

40 CFR Part 1074 - PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES

 

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