YourVoice.Now Summary
EnvironmentCorporate BenefitsTransparency & AccountabilityWhere the air is worst, states could avoid clean-air penalties — if they show the pollution was out of their hands.
Environment
A state can already point to pollution from another country as the reason it missed a target. The bill says that pollution still counts when no person caused it. Windblown dust is one example.
When the EPA sets a new air standard, it marks the areas that fall short. A state could keep that mark off an area. It would have to show the EPA that foreign pollution is the reason.
This applies in the areas ranked worst for smog or soot. A state could avoid penalties by showing the pollution came from outside that area. The bill's name points at foreign pollution. But this test also covers pollution that drifts in from other U.S. states.
A state could point to a wildfire or a dust storm as the reason it missed an air target. Federal law calls these exceptional events. The bill makes them a reason to drop the penalties and fees.
Cars and trucks are hard for a state to control. A state could avoid penalties for their pollution. It would first have to show it is already doing all it can.
Corporate Benefits
The waiver does not stop with state government. The bill says no penalty or fee applies to a state, an area, or a source inside it. That reaches individual sites in the area that would otherwise owe the fee.
Transparency & Accountability
The waiver is not permanent. A state has to make its case again at least once every five years. If it does not, the penalties and fees can apply again.
More about this bill
Some U.S. regions have air that often fails federal smog and soot limits. If you live in one, this bill would change what happens when your area misses those limits. Today the EPA can put penalties and fees on a state that misses its deadline. Under this bill, those penalties would not apply if the state proves the pollution was beyond its control. That covers pollution blowing in from other countries or other U.S. areas. It also covers wildfires and dust storms, plus vehicle pollution the state cannot cut further. The change applies only in areas ranked worst for smog or soot. The state would have to make its case again at least every five years. The bill also keeps the EPA from labeling an area as failing a new or updated air standard. That applies when the state shows foreign pollution is the reason. Foreign pollution counts even when no person caused it, like dust or drifting smoke. States would still have to keep taking steps to meet the standards. The House passed the bill on April 16, 2026. It now sits with a Senate committee.
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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