In committee
FENCES Act
This bill protects local communities and businesses from federal penalties when their air quality fails national health standards due to pollution beyond their control. States would avoid cuts to federal highway funds, and local factories and refineries would be spared penalty fees, if officials prove their smog or soot is driven by foreign pollution, wildfires, or interstate traffic outside state regulatory power. In addition, areas that would meet clean air targets if not for pollution blowing in from other countries could avoid being officially labeled as failing air quality zones. States would have to renew these pollution studies every five years to keep their protections while continuing to enforce local emission limits.
People affected—Not determinable from the text provided; applies broadly to qualifying nonattainment jurisdictions and sources rather than a specified population count.
Fiscal magnitude—Not determinable from the text provided; the bill waives statutory Clean Air Act sanctions and penalty fees under sections 179 and 185 for qualifying areas, but specifies no budget authorizations or appropriations.
Reach54provisional · pending reviewrigor: heuristic llm
What this bill touches.
Pollution & development−35Federal vs. state/local−30
Who it helps · who it burdens.
Who it helps
- state governments and environmental agenciesAre shielded from having areas designated as nonattainment if pollution from outside the U.S. causes the violation, and avoid federal Clean Air Act sanctions and penalty fees if violations stem from outside emissions, exceptional events, or uncontrollable mobile sources (Sec. 2(b), Sec. 2(c)).
- regulated industrial facilities in high-pollution areasAre exempted from Clean Air Act penalty fees under section 185 and associated sanctions if their area's failure to meet ozone or particulate matter standards is caused by emissions from outside the area, exceptional events, or uncontrollable mobile sources (Sec. 2(c)).
Who it burdens
- state governments and environmental agenciesMust prepare and submit renewed demonstrations to the federal government at least once every five years proving that uncontrollable emissions caused the air quality violations to maintain their exemption from sanctions and fees (Sec. 2(c)).
- Environmental Protection AgencyIs barred from designating an area as nonattainment when international emissions cause standard violations and is restricted from imposing section 179 sanctions or section 185 penalty fees on qualifying areas and sources (Sec. 2(b), Sec. 2(c)).