FENCES Act
Sponsored By: Representative Pfluger
In Committee
Summary
Counts foreign and uncontrollable emissions in attainment decisions. This bill would expand the Clean Air Act to treat emissions from outside the United States, including nonhuman sources, as relevant to whether areas meet air quality standards and to bar nonattainment labels caused only by such external emissions.
Show full summary
- States and local regulators: Gives states a defense to block nonattainment designations if an area would meet the standard but for emissions from outside the U.S. It requires states to renew that demonstration at least once every 5 years.
- Border communities and families: Prevents communities near international borders from being designated nonattainment solely because of cross-border pollution.
- Enforcement and industries: Adds a new Section 179C that can bar sanctions or fees under sections 179 or 185 for Severe or Extreme ozone areas and Serious particulate matter areas when states show the shortfall was caused by external emissions, exceptional events, or mobile-source emissions beyond state control. States must still carry out their required control measures under other parts of the Act.
Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
No nonattainment labels for foreign pollution
This bill would stop the EPA from designating an area as "nonattainment" if the area would meet the air standard but for emissions coming from outside the United States. The bill would count foreign emissions even if they are natural or not caused by people. It would apply to designations for any new or revised air quality standard. The change would take effect upon enactment.
States could avoid federal sanctions
This bill would let some areas avoid federal sanctions or fees when outside or uncontrollable pollution kept them from meeting air standards. It would apply only to Severe or Extreme ozone areas and Serious particulate matter areas. States could qualify if they show the shortfall was due to emissions outside the area, an exceptional event, or mobile-source emissions they cannot control and are already addressing. The protection would not remove the state's duty to adopt other required measures. States would need to renew the demonstration at least once every 5 years.
Sponsors & CoSponsors
Sponsor
Pfluger
TX • R
Cosponsors
Crenshaw
TX • R
Sponsored 12/9/2025
Crank
CO • R
Sponsored 2/24/2026
Roll Call Votes
No roll call votes available for this bill.
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