§ 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:
(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—
(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;
(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;
(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.
[1] So in original. Probably should be “of”.
[2] So in original. Probably should be followed by “in”.