The FENCES Act changes how the federal government enforces the Clean Air Act in areas that miss air quality targets. Right now, when a region exceeds limits for ozone or fine-particle pollution, the EPA can impose sanctions and fees on the state. This bill says those penalties cannot apply if the state shows the pollution came from outside the U.S. (including natural sources like wildfires or dust), from a designated exceptional event, or from mobile sources the state cannot further control. It also blocks the EPA from labeling an area as failing to meet air standards when foreign emissions are the cause. States would need to renew the demonstration every five years for the waiver to keep applying.
Environmental Concerns
- Clean Air Act sanctions and fees — Blocked in Severe/Extreme ozone and Serious particulate areas when state attributes pollution to outside or mobile sources
- Nonattainment designation — Prohibited where state shows foreign emissions caused the exceedance, including non-human-caused sources
- Mobile-source enforcement pressure — States exempt from penalties for mobile-source emissions deemed beyond their control
Transparency & Accountability
- Demonstration renewal requirement — States must re-prove the foreign-emissions claim every 5 years to keep the sanctions waiver
Congressional Summary
Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES ActThis bill modifies standards under the Clean Air Act to exempt states from penalties for emissions outside of the state’s control.The bill provides that certain nonattainment areas (i.e., those classified as severe or extreme for ozone or as serious for particulate matter) are not subject to sanctions for implementation plan deficiencies or for fees for failing to attain national ambient air quality standards (NAAQS) if the state demonstrates it would have avoided deficiencies or attained its standards but for emissions outside of its control (e.g., emissions from an exceptional event like a wildfire). A state must renew its demonstration at least once every five years for exemption from the sanctions or fees to continue to apply.The bill specifies that an area within a state may not be designated as a nonattainment area regarding any new or revised NAAQS for a pollutant if the state demonstrates it would be in attainment but for emissions emanating from outside of the country, regardless of whether the emissions resulted from human activity.For purposes of approving a state implementation plan or meeting certain NAAQS, current law provides that a state may demonstrate to the Environmental Protection Agency that but for emissions emanating from outside of the country, it would have attained applicable NAAQS by the attainment date for certain pollutants. The bill specifies that such emissions emanating from outside the country may include emissions that result from human activity.
Legislative Subjects
Details
- Congress
- 119th
- Chamber
- House
- Status
- summarized
- Action
- Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
- Action Date
- 2026-04-17
- Date Added
- 2026-04-14
- Source
- Congress.gov →
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