FENCES Act

This bill amends the Clean Air Act to provide states with relief from certain air quality regulations when nonattainment is due to factors beyond their control. It clarifies that "emissions emanating from outside the United States" include those from both human activity and natural sources, broadening the scope of what can be considered external pollution. A key provision 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 it would meet the standards but for these foreign emissions. This aims to avoid penalizing states for pollution originating beyond their borders. Furthermore, the bill introduces a new section to exempt states from specific sanctions and fees under the Clean Air Act for certain severe nonattainment areas (ozone or particulate matter). This exemption applies if the state proves that its failure to attain standards or address deficiencies is due to emissions from outside the nonattainment area exceptional events or mobile source emissions beyond the state's control . States must still implement measures to attain air quality standards and renew their demonstration for exemption every five years.