H.R. 6387: Fire Improvement and Reforming Exceptional Events Act

The Fire Improvement and Reforming Exceptional Events Act (FIRE Act) proposes changes to the Clean Air Act regarding how air quality monitoring data is handled, particularly in relation to exceptional events like wildfires. Here are the key aspects of the bill:

Definition of Exceptional Events

The bill seeks to redefine what constitutes an "exceptional event." An exceptional event could be:

• A natural event such as a wildfire.
• A human activity that aims to mimic a natural event.
• A human activity that is unlikely to happen again.

Certain events will not be classified as exceptional, including normal air stagnation, meteorological inversions, or air pollution from noncompliance with regulations.

Actions to Mitigate Wildfire Risk

The bill introduces the term "action to mitigate wildfire risk," which includes prescribed burns or similar measures, conducted according to state-approved practices, to help reduce the risk and severity of wildfires.

Revisions to Regulations

The bill requires the Environmental Protection Agency (EPA) to revise its regulations, specifically stating that these revisions should address both exceptional events and actions taken to mitigate wildfire risk.

Moreover, if multiple states are involved in a petition concerning an exceptional event or a wildfire mitigation action, the EPA will conduct regional analyses to support these petitions.

Transparency and Reporting

Under this bill, the EPA is mandated to establish a public website describing the status of all petitions submitted about exceptional events and wildfires. This website should be updated monthly after the act is enacted.

Criteria for Data Exclusion

The legislation stipulates that there must be a clear causal relationship between recorded air pollution levels and the events or actions that are classified as exceptional. States will be able to petition the EPA to exclude air quality monitoring data influenced by these events from certain regulatory determinations.

Implementation Timeline

Changes to regulations are expected to be implemented 18 months after the enactment of the FIRE Act.

Additional Provisions

The bill emphasizes the role of mitigation actions in managing wildfires and specifies that there must be procedures in place for states to petition the EPA regarding the handling of air quality data.

Relevant Companies

• PLNT (Planet Fitness)
  This company could be impacted assuming that areas near their facilities experience significant wildfire activity that affects air quality, leading to potential operational constraints.
• AEP (American Electric Power)
  Utilities like AEP may face regulatory scrutiny regarding emissions during wildfire events or mitigation actions.