FENCES Act

This bill amends the Clean Air Act to address air quality standards impacted by emissions beyond a state's control. It clarifies that emissions emanating from outside the United States, whether human-caused or not, must be considered when assessing an area's attainment status. Specifically, it prevents an area from being designated as a nonattainment area for new or revised national ambient air quality standards if the state can demonstrate that the area would otherwise meet these standards but for these foreign emissions. The legislation also introduces a new section to exempt states from certain sanctions and fees related to nonattainment for ozone or particulate matter. This exemption applies if the state proves that its failure to attain standards or a deficiency would have been avoided but for emissions originating from outside the nonattainment area, exceptional events, or mobile source emissions beyond the state's control, provided the state is implementing all feasible measures. While providing relief from penalties, the bill explicitly states that this does not negate a state's fundamental obligation to implement measures to achieve air quality standards, requiring periodic renewal of such demonstrations every five years.