FENCES Act

Key Points

• This bill, introduced by Mr. Pfluger, changes the Clean Air Act so states aren't blamed for air pollution that blows in from other countries. This includes pollution from foreign factories as well as natural sources like smoke or dust from across the border.
• Under current rules, if an area has too much smog, it can face strict regulations and fines. This bill says that if a state can prove it would have clean air if not for that outside pollution, the government cannot label the area as "failing" or "nonattainment."
• The plan also stops the federal government from taking away highway money or charging high fees to states that can't meet air standards because of things they can't control, such as smoke from wildfires or pollution from cars and trucks passing through from other places.
• To keep these protections, states must provide proof every five years that the pollution causing the problem is still coming from outside their borders. This ensures that local leaders are still working to control the pollution they actually have the power to stop.