FENCES Act

HR 6409 modifies federal air quality rules under the Clean Air Act to allow states relief from penalties when air pollution originates outside their borders. The bill exempts certain areas that fail to meet national air quality standards from financial sanctions and plan deficiencies if the state can demonstrate that foreign emissions or uncontrollable events (such as wildfires) prevented compliance. States must renew this exemption demonstration every five years to maintain relief, and areas can avoid being labeled as polluted if emissions from outside the country would otherwise cause the designation.

The bill expands what counts as "outside the country" emissions by explicitly including pollution resulting from human activities, not just natural events. When states request EPA approval of their air quality improvement plans or seek to demonstrate compliance with national standards, they can now attribute shortfalls to controllable human activities occurring internationally, provided they meet the bill's requirements. States must present evidence to the EPA supporting their claim that external emissions caused the pollution problem before they can receive exemption from financial penalties or avoid nonattainment designations.