FENCES Act in plain language
1: Short title
This section would allow the Act to be cited as the Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES Act.
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1. Short title This Act may be cited as the Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES Act .
2: Emissions beyond control
This section would amend Section 179B of the Clean Air Act (42 U.S.C. 7509a), which lets an area avoid certain nonattainment consequences when the area would meet an air quality standard but for emissions coming from outside the United States. The amendment would insert the clarification (regardless of whether such emissions result from human activity) after that phrase each place it appears in the section, including in subsection (d), so the existing rule applies whether the foreign emissions are caused by human activity or not. This section would also add a new subsection (e) to Section 179B stating that, notwithstanding any other law, an area within a state may not be designated as a nonattainment area for any new or revised primary or secondary national ambient air quality standard for a pollutant if the state shows the Administrator, to the Administrator's satisfaction, that the area would be in attainment with that standard but for emissions coming from outside the United States, regardless of whether those emissions result from human activity. This section would further add a new section 179C to the Clean Air Act. Under new section 179C, for any nonattainment area classified under section 181 as a Severe Area or an Extreme Area for ozone, or under section 188 as a Serious Area for particulate matter, no sanction or fee under section 179 or 185 could apply to a state (or an area or source within it) based on a deficiency described in section 179(a), or based on failure to attain a national ambient air quality standard for ozone or particulate matter by the applicable attainment date, if the state demonstrates it would have avoided the deficiency, or would have attained the standard, but for one or more of: emissions coming from outside the nonattainment area; emissions from an exceptional event as defined in section 319(b)(1); or emissions from mobile sources, and for the mobile-source ground the state must also demonstrate both that those emissions are beyond the state's control to reduce or eliminate and that the state is fully implementing all measures within its authority to control emissions from mobile sources. New section 179C also states that this inapplicability of sanctions or fees does not remove any obligation a state, area, source, or other entity has under other parts of the Clean Air Act to establish and carry out measures to attain the ozone or particulate matter standard. For the exemption to keep applying to a state (or an area or source within it), the state must renew the required demonstration at least once every 5 years.
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2. Emissions beyond control (a) Clarification of emissions covered Section 179B of the Clean Air Act ( 42 U.S.C. 7509a ) is amended— (1) by inserting (regardless of whether such emissions result from human activity) after but for emissions emanating from outside of the United States each place it appears; and (2) in subsection (d), by inserting (regardless of whether such emissions result from human activity) after but for emissions emanating from outside the United States . (b) Designations Section 179B of the Clean Air Act ( 42 U.S.C. 7509a ) is further amended by adding at the end the following: (e) Designations Notwithstanding any other provision of law, an area within a State may not be designated as a nonattainment area with respect to any new or revised primary or secondary national ambient air quality standard for a pollutant if such State establishes to the satisfaction of the Administrator that such area would be in attainment with such national ambient air quality standard for such pollutant but for emissions emanating from outside of the United States (regardless of whether such emissions result from human activity). . (c) Applicability of sanctions and fees if emissions beyond control The Clean Air Act ( 42 U.S.C. 7401 et seq. ) is amended by inserting after section 179B the following new section: 179C. Applicability of sanctions and fees if emissions beyond control (a) In general Notwithstanding any other provision of this Act, with respect to any nonattainment area that is classified under section 181 as a Severe Area or an Extreme Area for ozone or under section 188 as a Serious Area for particulate matter, no sanction or fee under section 179 or 185 shall apply with respect to a State (or an area or source therein) on the basis of a deficiency described in section 179(a), or the failure to attain a national ambient air quality standard for ozone or particulate matter by the applicable attainment date, if the State demonstrates that the State would have avoided such deficiency, or such standard would have been attained, but for one or more of the following: (1) Emissions emanating from outside the nonattainment area. (2) Emissions from an exceptional event (as defined in section 319(b)(1)). (3) Emissions from mobile sources to the extent the State demonstrates that— (A) such emissions are beyond the control of the State to reduce or eliminate; and (B) the State is fully implementing such measures as are within the authority of the State to control emissions from the mobile sources. (b) No effect on underlying standards The inapplicability of sanctions or fees with respect to a State (or an area or source therein) pursuant to subsection (a) does not affect the obligation of a State, area, source, or other entity under other provisions of this Act to establish and implement measures to attain a national ambient air quality standard for ozone or particulate matter. (c) Periodic renewal of demonstration For subsection (a) to continue to apply with respect to a State (or an area or source therein), the State involved shall renew the demonstration required by subsection (a) at least once every 5 years. .