Bill > HR6409

This bill, known as the Foreign Emissions and Nonattainment Clarification for Economic Stability Act (FENCES Act), amends the Clean Air Act to address how emissions from outside the United States are considered in air quality assessments. The bill clarifies that areas should not be designated as nonattainment areas (regions that do not meet national air quality standards) if the failure to meet standards is primarily due to emissions from outside the United States, regardless of whether these emissions result from human activity. The legislation introduces provisions that prevent the application of sanctions or fees to states with nonattainment areas if they can demonstrate that their air quality problems are caused by external emissions or exceptional events beyond their control. Specifically, for severe or extreme ozone and particulate matter nonattainment areas, states can avoid penalties by showing that they would have met air quality standards if not for emissions from outside their jurisdiction, extraordinary events, or mobile source emissions they cannot reasonably control. States must renew this demonstration every five years, and the bill emphasizes that this exemption does not absolve states of their underlying responsibility to implement measures to improve air quality.

Agriculture and Natural Resources, Business and Industry

https://www.congress.gov/bill/119th-congress/house-bill/6409/all-info