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Amends Section 179B by adding at the end a new subsection (e) providing that an area within a State may not be designated nonattainment for any new or revised primary or secondary national ambient air quality standard if the State demonstrates to the satisfaction of the Administrator that the area would be in attainment but for emissions emanating from outside of the United States (regardless of whether such emissions result from human activity).
Inserts a new section 179A after section 179, establishing that certain sanctions or fees under sections 179 or 185 shall not apply for specified nonattainment areas (Severe/Extreme for ozone; Serious for particulate matter) if the State demonstrates the deficiency or failure to attain would have been avoided but for specified causes (emissions emanating from outside the nonattainment area; emissions from an exceptional event as defined in section 319(b)(1); or emissions from mobile sources that are beyond the State's control and where the State is fully implementing measures within its authority). Also provides that the inapplicability of sanctions or fees does not affect other obligations under the Act and requires renewal of the demonstration at least once every 5 years.
Read twice and referred to the Committee on Environment and Public Works.
Introduced February 11, 2026 by Cynthia M. Lummis · Last progress February 11, 2026
FENCES Act
Read twice and referred to the Committee on Environment and Public Works.
Introduced in Senate