Bill > S3836

This bill, also known as the "Foreign Emissions and Nonattainment Clarification for Economic Stability Act" or the "FENCES Act," amends the Clean Air Act to clarify how emissions originating from outside the United States are handled when determining if an area meets air quality standards. Specifically, it clarifies that emissions from outside the U.S. are considered, regardless of whether they are caused by human activity, when assessing air quality. The bill also establishes that an area cannot be designated as a "nonattainment area" – meaning it's failing to meet air quality standards – if the state can prove that the area would actually meet the standards but for these foreign emissions. Furthermore, for areas classified as "Severe" or "Extreme" for ozone, or "Serious" for particulate matter, the bill prevents the imposition of penalties or fees if the state demonstrates that the failure to meet air quality standards or avoid deficiencies is due to emissions from outside the nonattainment area, exceptional events, or mobile sources that are beyond the state's control and for which the state is implementing all possible control measures. However, this exemption from penalties does not relieve the state of its underlying obligation to work towards meeting air quality standards. States must renew these demonstrations every five years to continue benefiting from this provision.

Agriculture and Natural Resources

https://www.congress.gov/bill/119th-congress/senate-bill/3836/all-info