States could avoid some air penalties for pollution they did not cause
Officially: FENCES Act
States could avoid some federal air penalties when pollution mostly comes from outside their control. The bill also blocks some out-of-compliance labels for new or updated standards if foreign pollution is the real reason. States still have to keep working to meet federal air rules.
Where it stands
Environment · Hearing Tue, Apr 14
In 3 days. Members are taking positions right now.
- Foreign pollution would count under this Clean Air Act rule whether it comes from people or from natural causes. The bill makes that explicit.
- EPA could not label an area out of compliance with a new or updated air standard if the state proves foreign pollution is the only reason it misses the mark. That includes both natural and human-caused pollution from outside the country.
- A state would have to prove its case to EPA. The EPA Administrator must be satisfied with that showing.
↓ Why your message matters here
Members are still deciding how to vote — and what they hear from constituents in these final days is what tips undecided ones.
The debate
What people are saying about this bill
- Stops states and local areas from being punished for pollution they did not cause and cannot control. That includes foreign pollution and some natural events.
- Makes air quality labels more accurate by separating homegrown pollution from pollution that drifts in or comes from unusual events.
- Could lower costs for communities and businesses when outside pollution is the main reason an area has high readings. That may reduce the hit from federal sanctions and fees.
- Could make air rules harder to enforce if states use foreign pollution or exceptional-event claims to avoid sanctions and fees.
- Could weaken pressure to adopt stronger local pollution controls. Some areas may blame more of their problem on outside sources instead.
- Could lead to fights over where the pollution really came from. Those disputes may slow decisions and delay action.
Where this bill is in the process
Legislative timeline
Introduced
Introduced in House
House Committee
Under House committee consideration
House Floor Vote
Voted on by House
Latest: Placed on the Union Calendar, Calendar No. 514. (4/9/2026)
Passed House
Approved by House
Senate Review
Sent to Senate for consideration
Passed Both Chambers
Approved by both House and Senate
Signed into Law
Signed by the President
For more detail