H.R. 6409: Foreign Emissions and Nonattainment Clarification for Economic Stability Act

This bill, known as the Foreign Emissions and Nonattainment Clarification for Economic Stability Act (FENCES Act), aims to amend the Clean Air Act to address how emissions from outside the United States are treated with respect to air quality standards. Here are the main components of the bill:

Clarification of Emissions

The bill specifies that emissions coming from outside the U.S. will be considered when assessing air quality standards. Specifically, the language added clarifies that it does not matter whether these emissions are a result of human activity or not. This is reflected in the amendments to Section 179B of the Clean Air Act.

Designations of Nonattainment Areas

The bill proposes that a state cannot declare an area as a "nonattainment area"—which is a term used to indicate areas that do not meet national air quality standards—if the state can successfully demonstrate that the nonattainment status is primarily due to emissions from outside the U.S. This means that if an area would meet air quality standards but for foreign emissions, it wouldn't be penalized as nonattainment.

Applicability of Sanctions and Fees

The bill also introduces specific conditions under which states would not face sanctions or fees. Under the new provisions, if a state identifies that it would have met certain air quality standards except for emissions coming from outside its borders, the state can avoid penalties for failing to meet those standards. This applies particularly to areas classified as Severe or Extreme for ozone or Serious for particulate matter.

Conditions for Avoiding Penalties

For a state to demonstrate the applicability of these new rules, the following conditions must be met:

• Emissions from outside the nonattainment area.
• Emissions due to exceptional events as defined by relevant regulations.
• Emissions from mobile sources that are beyond the control of the state, provided that the state is actively taking measures to control emissions from these sources.

Obligations for States

While the bill allows states some leeway regarding nonattainment penalties, it does not absolve them of the responsibility to take measures to meet air quality standards. States must continue to establish and implement plans to improve air quality.

Renewal of Demonstration

States will need to renew their demonstrations—showing that emissions from outside the U.S. are impacting air quality—at least once every five years to maintain their status under the provisions of this bill.

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