H.R. 6409 · Passed House · Environmental Protection

FENCES Act

What it does

Exempts states from Clean Air Act penalties for emissions outside their control.
Shields certain nonattainment areas from sanctions for implementation plan deficiencies or nonattainment fees if the state shows it would have complied but for emissions outside its control, such as wildfires.
Applies to areas classified as severe or extreme for ozone or serious for particulate matter, with the state renewing its demonstration at least every five years.
Bars designating an area as nonattainment for a new or revised standard if the state shows it would attain the standard but for emissions from outside the country, whether or not human-caused.

Official summary

Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES Act This 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…

Latest action

Apr 17, 2026: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Committee: Senate Environment and Public Works