FENCES Act

The FENCES Act would amend the Clean Air Act to clarify how states are treated when air quality standards are not met due to emissions from outside the United States. If enacted, the bill would allow states to avoid federal sanctions and fees if they can demonstrate that their air quality problems would be solved but for pollution coming from outside U.S. borders, such as smoke from Canadian wildfires or dust storms. The bill specifies that this exemption applies regardless of whether foreign emissions result from human activity or natural events.

Under current law, states can face significant regulatory penalties if designated areas fail to meet national air quality standards, even when pollution originates beyond their control. The bill would create a process allowing states to renew demonstrations every five years showing that foreign emissions are responsible for their nonattainment status. Supporters argue this prevents American workers and businesses from facing penalties for pollution they cannot control, while the underlying obligation to implement air quality measures would remain unchanged. The bill has passed committee review and is eligible for a full House floor vote.