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Amends the Clean Air Act's exceptional-event rules to add a definition of “prescribed fire,” require EPA to consult with state and federal partners and publish revised regulations on a set timeline, change who may seek reviews of monitoring data and what determinations can be reconsidered, and establish a regional/multijurisdictional process for exceptional-event demonstrations. It also includes a savings clause preventing previously non-exceptional stationary source emissions from being reclassified as exceptional after enactment.
Amends Section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)).
Adds a new definition for “prescribed fire”: “a fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives.”
Revises the criteria for an exceptional event to state that the event (i) is a natural event, or an event caused by human activity that is unlikely to recur unless it was intended to mirror a natural event, or a prescribed fire; and (ii) is determined to be an exceptional event by the impacted State unless the Administrator, through the process established in the revised regulations, subsequently determines it is not an exceptional event.
Requires the Administrator, after consultation with Federal land managers, State air pollution control agencies, State foresters, and State fish and wildlife agencies, to publish in the Federal Register proposed revisions to existing regulations governing review of State determinations and handling of air quality monitoring data influenced by exceptional events or prescribed fires. This publication must occur not later than 270 days after the date of enactment.
Changes the timeline for finalizing revisions to the proposed regulations: replaces a previous “1 year” deadline with “180 days” in the relevant subparagraph, and requires finalization of the revisions under subparagraph (A) to govern handling of data influenced by exceptional events or prescribed fires consistent with paragraph (3).
Who is affected and how:
EPA: must consult with state and federal partners and promulgate revised exceptional-event regulations on a statutory timeline; will process and review regional/multijurisdictional demonstrations under the new procedures.
State and local air agencies (including State Governments and Local Governments): will be primary partners in consultation and in preparing or supporting exceptional-event demonstrations, including regional submissions; they may gain clearer procedures and timelines but will incur work to develop demonstrations and coordinate across jurisdictions.
Tribal communities and Tribal air managers: tribes that manage prescribed fire or share airsheds will be engaged in consultations and may participate in regional demonstrations.
Land and fire managers / prescribed-fire practitioners (proposed category): federal, state, tribal, and private land managers who conduct prescribed burns will be more directly affected because the bill defines prescribed fire and sets a framework for how monitoring impacts from those burns can be demonstrated as exceptional.
Communities, including environmental justice and rural communities downwind of fires: may see changes in how short-term air quality exceedances from prescribed or wildfires are treated in attainment determinations, permitting consequences, and public reporting; outcomes depend on the quality and acceptance of exceptional-event demonstrations.
Regulated stationary sources: protected by the savings clause that prevents retroactive reclassification of previously non-exceptional stationary-source emissions as exceptional; their prior regulatory status is preserved.
Overall effect: The legislation primarily adjusts regulatory procedures and deadlines governing when and how monitoring exceedances tied to exceptional events—especially prescribed fires—can be excluded from regulatory consequences. It shifts administrative workload to EPA and state/tribal/local partners for consultation and regional demonstrations, clarifies legal definitions, and reduces the risk of retroactive reclassification of stationary-source emissions. No new funding is provided, so implementation will rely on existing agency resources and cooperative processes.
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Read twice and referred to the Committee on Environment and Public Works.
Introduced October 23, 2025 by John R. Curtis · Last progress October 23, 2025
Read twice and referred to the Committee on Environment and Public Works.
Introduced in Senate