FENCES Act

Summary#

This bill, called the Foreign Emissions and Nonattainment Clarification for Economic Stability Act (FENCES Act), changes parts of the Clean Air Act about how air quality problems are treated when pollution comes from outside the United States. It updates section 179B to say that "but for" demonstrations that an area would meet a standard but for outside emissions apply "regardless of whether such emissions result from human activity." It adds a rule that a State may prevent an area from being labeled a "nonattainment" area for any new or revised primary or secondary national ambient air quality standard if the State shows the area would be in attainment but for emissions from outside the United States (also regardless of whether those emissions are from human activity).

The bill also creates a new section 179C. Under 179C, certain federal sanctions or fees (those in sections 179 and 185) will not apply to a State for Severe or Extreme ozone areas or Serious particulate matter areas if the State demonstrates that the missed deadline or deficiency was caused by one or more of these: (1) emissions coming from outside the nonattainment area, (2) an exceptional event as defined elsewhere in the Clean Air Act, or (3) emissions from mobile sources that the State shows are beyond its ability to reduce and for which the State is fully implementing measures it can control. The new section says this relief does not remove other obligations to adopt and implement measures to meet air quality standards. States must renew the demonstration at least once every five years for the relief to continue.

The bill was introduced in the House on December 3, 2025, by Representative August Pfluger and sponsors include Dan Crenshaw and Jeff Crank. It was referred to the House Committee on Energy and Commerce and later received in the Senate and referred to the Senate Committee on Environment and Public Works. Status: In progress.

What it means for you#

• If you live in a place that might be labeled "nonattainment," your State could avoid that label if it shows the air-quality problem is due to pollution coming from outside the United States, even if that pollution is not from human activity.
• If your State is in a Severe/Extreme ozone area or a Serious particulate matter area, this bill could prevent federal sanctions or fees if the State proves the problem was caused by outside emissions, an exceptional event, or mobile-source emissions beyond state control and the State is implementing what it can.
• The bill does not remove the State's obligation to try to meet air quality standards or to implement other required measures.

Expenses#

No publicly available information on costs or budgetary effects is included in the bill text or the provided metadata.

Proponents' View#

No publicly available information on proponents' views or official supporting statements is included in the bill text or the provided metadata.

Opponents' View#

No publicly available information on opponents' views or official objections is included in the bill text or the provided metadata.