Revise air quality designations to exclude emissions from wildfires?

Awaiting Vote
Bill Summary

The Foreign Emissions and Nonattainment Clarification for Economic Stability Act, or FENCES Act, would amend Section 179B of the Clean Air Act. This would expand the circumstances under which states can avoid nonattainment designations (an official EPA classification for a geographic area that fails to meet the National Ambient Air Quality Standards (NAAQS) for one or more of the six common, health-based criteria pollutants) if they demonstrate they would meet air quality standards but for emissions originating outside the United States, including natural sources. It also creates a new section of the Clean Air Act which would allow states to avoid sanctions or fees when failure to meet standards is due to factors outside of their control such as foreign emissions, exceptional events, or certain mobile sources. Sponsor: Rep. August Pfluger (Republican, Texas, District 11)
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Opponents say

•      "This is a horrible, opaque way to manage environmental regulations, allowing the President to handpick individual firms — potentially for political reasons — to receive special treatment at the expense of the people that live near these polluting facilities. Creating another Presidential exemption process after seeing how the existing process has been so brazenly abused by this Administration would be a dereliction of our duty as the Subcommittee with jurisdiction over the Clean Air Act. But with that said, I know there remains significant stakeholder interest in Congress pursuing some version of bipartisan permitting reform. From my perspective, those negotiations cannot happen while the Trump Administration continues to provide zero confidence that any bipartisan agreement in Congress would be honored and implemented as intended. There is a long and growing record of the Trump Administration playing favorites among certain technologies and individual firms, doing favors for political allies, and threatening retaliation against those that object." Source: Rep. Paul Tonko (Democrat, New York, District 20), Ranking Member of the House Environment Subcommittee

Proponents say

•      "American companies are being unfairly penalized for pollution originating outside the United States. We’ve seen how even the mention of a nonattainment designation, like when the Biden EPA threatened to redesignate the Permian Basin, can create significant uncertainty for businesses and communities. These designations delay permits and hurt economic growth, while failing to address the very problem they are trying to solve. My bill restores commonsense by preventing the EPA from punishing states for pollution they didn’t cause – including foreign emissions, cross-state transport, wildfire smoke, and mobile-source emissions outside their control. I’m proud to lead this bill as another major step in modernizing and strengthening America’s broken permitting system." Source: Rep. August Pfluger (Republican, Texas, District 11)


•      "States across America are being punished for emissions and pollution, man-made or natural, that originate from outside our borders, such as emissions from factories in China and Mexico and Canadian wildfires. While the Clean Air Act (CAA) allows states to adjust their plans when foreign emissions affect their ability to meet federal standards, the Biden Environmental Protection Agency’s (EPA’s) guidance limited that relief to only human-caused emissions from abroad, excluding natural foreign emissions like wildfire smoke. Not only is it wrong to punish states for emissions outside of their control, but this kind of overly burdensome red tape can place unnecessary burdens on manufacturers and communities, delay important projects for years, and raise costs for Americans." Source: Rep. Steve Scalise (Republican, Louisiana, District 1), Majority Leader of the U.S. House of Representatives