FIRE Act
Officially: “FIRE Act” Read the full text
What it does
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1Short title
This section would let the Act be called the Fire Improvement and Reforming Exceptional Events Act, or the FIRE Act for short.
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1. Short title This Act may be cited as the Fire Improvement and Reforming Exceptional Events Act or the FIRE Act .
2Air quality monitoring data influenced by exceptional events or actions to mitigate wildfire risk
This section would amend section 319(b) of the Clean Air Act, the provision governing how the Administrator of the Environmental Protection Agency reviews and handles air quality monitoring data affected by exceptional events. It would rename that subsection so it also covers actions to mitigate wildfire risk, not only exceptional events.
It would restructure the definitions in paragraph (1). It would add a new defined term, action to mitigate wildfire risk, meaning a prescribed fire or similar measure, carried out in accordance with State-approved practices, to reduce the risk and severity of wildfires. Within the multi-part definition of exceptional event, it would rewrite one of the required criteria so that, for an event to qualify, it must be a natural event, or a human-caused event intended to mirror the occurrence or reoccurrence of a natural event, or a human-caused event that is unlikely to recur. It would replace the definition's list of exclusions, so that the term exceptional event does not include ordinarily occurring stagnation of air masses, meteorological inversions, or air pollution relating to source noncompliance.
In paragraph (2), which addresses the Administrator's implementing regulations, this section would move the deadline for the Administrator to issue revisions to those regulations from March 1, 2006 to 18 months after the date the FIRE Act is enacted, and would require the revised regulations to also address actions to mitigate wildfire risk, not only exceptional events. It would expand a related requirement so it also covers proposed revisions to regulations and applies to actions to mitigate wildfire risk in addition to exceptional events, and would update a cross-reference so that requirement applies to the whole section rather than only to paragraph (3). It would add a new requirement that, when more than one State notifies the Administrator of its intent to submit a petition for the same air quality event involving an exceptional event or an action to mitigate wildfire risk, or when the Administrator determines that such a multistate air quality event has occurred, the Administrator must conduct regional modeling and analysis sufficient to satisfy the demonstration required for that petition. It would also add a transparency requirement: not later than 12 months after enactment, the Administrator must establish, and after that update monthly, a public website describing the status of all petitions submitted under this section for exceptional events and actions to mitigate wildfire risk.
In paragraph (3), which sets out guiding principles and required elements for the regulations, this section would add a new principle that actions to mitigate wildfire risk can play an important role in reducing the magnitude and frequency of wildfires. It would expand an existing requirement so it also applies to actions to mitigate wildfire risk, not only exceptional events. It would rewrite another requirement so that a clear causal relationship must exist, or be reasonably expected to exist, between a measured exceedance of a national ambient air quality standard and the exceptional event or action to mitigate wildfire risk, in order to demonstrate that the event or action caused a specific air pollution concentration at a particular air quality monitoring location. It would also rewrite the requirement on State petitions so that there must be criteria and procedures for a State's Governor to petition the Administrator to exclude air quality monitoring data that is directly due to an exceptional event or an action to mitigate wildfire risk from use in the Administrator's determinations about: area or source exceedances or violations of the national ambient air quality standards; the designation, redesignation, classification, or reclassification of an area; a State's demonstration of attainment of a national ambient air quality standard; attainment determinations; attainment date extensions; a finding that a State implementation plan is inadequate; or preconstruction demonstrations under section 165(a)(3) of the Clean Air Act.
Finally, this section would repeal paragraph (4) of subsection (b) in its entirety.
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2. Air quality monitoring data influenced by exceptional events or actions to mitigate wildfire risk Section 319(b) of the Clean Air Act ( 42 U.S.C. 7619(b) ) is amended— (1) in the subsection heading, by inserting Or actions To mitigate wildfire risk after Events ; (2) in paragraph (1)— (A) in the paragraph heading, by striking Definition of exceptional event and inserting Definitions ; (B) in subparagraph (A), by redesignating clauses (i) through (iv), as subclauses (I) through (IV), respectively; (C) by striking (A) and all that follows through an event that— and inserting the following: (A) Exceptional event (i) In general The term exceptional event means an event that— ; (D) by amending subclause (III) of subparagraph (A)(i), as redesignated, to read as follows: (III) is an event that is— (aa) a natural event; (bb) caused by a human activity that is intended to mirror the occurrence or reoccurrence of a natural event; or (cc) caused by a human activity that is unlikely to recur; and ; (E) by striking subparagraph (B) and inserting the following: (ii) Exclusions In this subsection, the term exceptional event does not include— (I) ordinarily occurring stagnation of air masses; (II) meteorological inversions; or (III) air pollution relating to source noncompliance. ; and (F) by adding at the end the following: (B) Action to mitigate wildfire risk The term action to mitigate wildfire risk means a prescribed fire or similar measure, undertaken in accordance with State approved practices, to reduce the risk and severity of wildfires. ; (3) in paragraph (2)— (A) in subparagraph (A)— (i) by striking March 1, 2006 and inserting 18 months after the date of enactment of the FIRE Act ; (ii) by inserting revisions to before regulations ; and (iii) by adding or actions to mitigate wildfire risk before the period at the end; (B) in subparagraph (B)— (i) by inserting including proposed revisions to regulations, after subparagraph (A), ; (ii) by inserting or action to mitigate wildfire risk after an exceptional event ; and (iii) by striking paragraph (3) and inserting this section ; and (C) by adding at the end the following: (C) Regional analysis When more than one State notifies the Administrator of its intent to submit a petition pursuant to this section for an exceptional event or an action to mitigate wildfire risk for the same air quality event, or, if the Administrator determines such a multistate air quality event has occurred, the Administrator shall conduct regional modeling and analysis sufficient to satisfy the demonstration required for an exceptional event or an action to mitigate wildfire risk petition for such air quality event. (D) Transparency Not later than 12 months after the date of enactment of the FIRE Act , the Administrator shall establish, and thereafter update monthly, a public website describing the status of all petitions submitted pursuant to this section for exceptional events and actions to mitigate wildfire risk. ; (4) in paragraph (3)(A)— (A) by redesignating clauses (ii) through (v) as clauses (iii) through (vi), respectively; and (B) by inserting after clause (i) the following: (ii) the principle that actions to mitigate wildfire risk can play an important role in reducing the magnitude and frequency of wildfires; ; (5) in paragraph (3)(B)— (A) in clause (i), by inserting or action to mitigate wildfire risk before must be ; (B) by amending clause (ii) to read as follows: (ii) a clear causal relationship must exist, or be reasonably expected to exist, between the measured exceedances of a national ambient air quality standard and the exceptional event or action to mitigate wildfire risk to demonstrate that the exceptional event or action to mitigate wildfire risk caused a specific air pollution concentration at a particular air quality monitoring location; ; and (C) by amending clause (iv) to read as follows: (iv) there are criteria and procedures for the Governor of a State to petition the Administrator to exclude air quality monitoring data that is directly due to exceptional events or actions to mitigate wildfire risk from use in determinations by the Administrator with respect to— (I) area or source exceedances or violations of the national ambient air quality standards; (II) the designation, redesignation, classification, or reclassification of an area; (III) the demonstration by a State of attainment of a national ambient air quality standard; (IV) attainment determinations; (V) attainment date extensions; (VI) finding a State implementation plan to be inadequate; or (VII) preconstruction demonstrations under section 165(a)(3). ; and (6) by striking paragraph (4).
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