FENCES Act
New Bill Aims to Stop EPA Penalties for States Affected by Pollution from Other Countries
Legislative Progress
220–208
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.
Impact Analysis
Personal Impact
Life & Work
Agricultural operations in nonattainment areas can face restrictions on equipment use and dust-generating activities. If an area's nonattainment status is removed because pollution originates from outside the country — such as wildfire smoke from Mexico or transboundary dust — farmers and ranchers in those areas could see fewer regulatory constraints on their operations.
Disabilities
Broader Impacts
State Impacts
Milestones
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Sent to a congressional committee for expert review. The committee decides whether this bill moves forward.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
The House of Representatives voted to approve this bill. It now goes to the Senate.
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
Vote Results
2 votesOn Motion to Recommit
On Passage
Related News
5 articlesBill would ease Clean Air Act compliance waivers
The FENCES Act would expand existing exemptions in the Clean Air Act to make it easier for states to avoid formal nonattainment designations when air quality standards are exceeded due to foreign pollution. Environmental advocates express concern that this could bypass local pollution controls.
House Republicans advance bid to loosen Clean Air Act
House Republicans introduced a package of four bills, including the FENCES Act, aimed at streamlining permitting and easing regulatory burdens. The legislation seeks to ensure states are not penalized for uncontrollable foreign emissions, such as wildfire smoke or cross-border industrial smog.
Pfluger's permitting reform bill advances through full committee
Representative August Pfluger's FENCES Act passed the House Energy and Commerce Committee. The bill clarifies that foreign emissions—both natural and man-made—should be excluded from state air quality compliance reviews, protecting energy producers from 'unnecessary compliance burdens.'
Source Information
Document Type
Congressional Bill
Official Title
FENCES Act
Data Sources
Sponsor
Cosponsors
(2)Analysis generated by AI. Always verify with official sources.