Washington, D.C. – U.S. Senator Cynthia Lummis (R-WY) today introduced legislation to ensure fair and consistent air quality designations by clarifying that states will not be penalized under the Clean Air Act for emissions originating outside U.S. borders. The Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Actprotects producers from unnecessary compliance burdens caused by events beyond their control, such as foreign wildfires or dust storms. Representative August Pfluger (TX-11) introduced companion legislation in the House of Representatives.
“Wyoming companies should not be punished for pollution they did not create and cannot control when seeking federal permits,” said Lummis. “Penalizing businesses for foreign emissions stifles innovation, undermines economic growth, and adds red tape to an already broken permitting system. This legislation maintains strong Clean Air Act standards while restoring common-sense policies that recognize the limits of state control.”
“Washington shouldn’t punish local communities for pollution they don’t control,” said Pfluger. “The FENCES Act stops EPA from assigning nonattainment to counties and metro areas based on sources outside their authority, including foreign emissions and wildfire smoke. I’m proud to have Senator Lummis leading this effort in the Senate, and I’m grateful for her partnership as we modernize and strengthen America’s broken permitting system.”
Read the full bill text here.
Background:
States throughout America are being unfairly penalized for pollution originating outside U.S. borders, including from natural events such as Canadian wildfires. While current law allows states to adjust their air quality plans when foreign emissions interfere with compliance, EPA guidance under the Biden administration narrowed those adjustments to human-caused emissions only. This change has created unnecessary regulatory hurdles for states and industries already working to meet Clean Air Act requirements.
The FENCES Act restores clarity by confirming that all foreign emissions, whether natural or man-made, are excluded when determining compliance with national air quality standards and during new facility permitting reviews. The bill also allows states to account for foreign emissions earlier in the regulatory process, providing greater certainty and efficiency.
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