CLEAR Act

This bill changes parts of the Clean Air Act to make it easier for states to meet national air quality standards while still protecting health. It lengthens how often national air standards are reviewed to every 10 years, instead of more frequent reviews, so rules don’t shift as often. States get at least one year to fix problems in their air plans before a federal plan is put in place, and EPA can take up to three years to issue that federal plan if the state is working to correct issues. For areas with the worst ozone pollution, it removes the extra “contingency” rules that were previously required, easing a layer of red tape for those communities. The bill also asks that how achievable a standard is be considered when setting it.

It updates how unusual pollution events are handled. States can ask EPA to ignore air-quality spikes caused by wildfires or by steps taken to reduce wildfire risk, like prescribed burns, when deciding if an area met the standard. EPA must offer regional analysis on request and create a public website to track these requests within 12 months of the law taking effect. If a state can show its air problems were mainly due to factors outside its control—such as pollution from outside the area, exceptional events like wildfires, or certain mobile-source emissions—then certain penalties and fees won’t apply; the state must renew this showing every five years, and still must keep working to meet the standards . The bill also adds more state voices to EPA’s science advisory committee and requires advice on possible public health, social, economic, and energy impacts of different clean-up strategies before standards are set or revised.

Key points

• Who is affected: State air agencies; communities in ozone and particulate matter nonattainment areas; areas impacted by wildfires and smoke .
• What changes: Standards reviewed every 10 years; more time for states to fix plans; no contingency measures for “Extreme” ozone areas; clearer process to exclude wildfire-related data; possible relief from certain penalties when emissions are beyond state control; more state members and broader impact review by EPA’s science committee .
• When: EPA must post a public tracking website within 12 months; states get at least one year to fix plan issues before a federal plan; penalty relief must be renewed every five years .