Page:United States Statutes at Large Volume 119.djvu/1901

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1883

‘‘SEC. 319. AIR QUALITY MONITORING.

‘‘(a) IN GENERAL.—After notice and opportunity for public hearing’’; and (2) by adding at the end the following: ‘‘(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 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, 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

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Notice.

Deadlines. Federal Register, publication.

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