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S. 5045IntroducedSenateHouse · nowPresidentLawIn the House
Sec. 2 · S. 5045

Air quality monitoring data influenced by exceptional events

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Committee version → Passed the Senate · Sec. 2

(a) In general Section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) is amended— (1) in paragraph (1)— (A) in subparagraph (B)— (i) in the matter preceding clause (i), by striking In this subsection, the and inserting The; and (ii) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; (B) by redesignating subparagraph (B) as clause (ii) and indenting appropriately; (C) by striking the paragraph designation and heading and all that follows through exceptional event. at the end of subparagraph (A)(iv) and inserting the following: (1) Definitions In this subsection: (A) Exceptional event (i) In general The term exceptional event means an event— (I) (aa) that— (AA) affects air quality; (BB) is not reasonably controllable or preventable; and (CC) is an event caused by human activity that is unlikely to recur at a particular location or a natural event; or (bb) that is a prescribed fire; and (II) that is— (aa) determined by the Administrator, through the process established in the regulations revised under paragraph (2)(B), to be an exceptional event; or (bb) deemed to be an exceptional event pursuant to a State petition deemed to be approved pursuant to paragraph (3)(B)(v).; and (D) by adding at the end the following: (B) Prescribed fire (i) In general The term prescribed fire means a fire deliberately ignited in accordance with applicable law (including regulations) to burn wildland fuels in a natural or modified state under specified environmental conditions that are intended to allow the fire to be confined to a predetermined area and produce the fireline intensity and rate of spread required to attain planned resource management objectives. (ii) Inclusion The term prescribed fire includes cultural burning activities, as determined by an Indian tribe.; (2) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) Revision of regulations (i) Proposed revisions Not later than 270 days after the date of enactment of the Wildfire Emissions Prevention Act of 2026, the Administrator, after consultation with Federal land managers, State air pollution control agencies, State foresters, State fish and wildlife agencies, and Indian tribes, shall publish in the Federal Register any necessary revisions to existing regulations promulgated under this section— (I) to reduce the burden and cost for States to demonstrate an exceptional event; (II) to clarify the eligibility of prescribed fires as exceptional events pursuant to the definition in paragraph (1)(A); and (III) to establish the procedure for the review of State petitions described in paragraph (3)(B)(iv). (ii) Final revisions Not later than 180 days after the date on which the Administrator publishes proposed revisions to regulations promulgated under this section under clause (i), and after providing an opportunity for interested persons to make oral presentations of views, data, and arguments regarding the proposed revisions, the Administrator shall finalize those revisions to govern air quality monitoring data influenced by exceptional events that are consistent with paragraph (3).; (3) in paragraph (3)— (A) in subparagraph (A)— (i) by redesignating clauses (ii) through (v) as clauses (iii) through (vi), respectively; (ii) by inserting after clause (i) the following: (ii) the principle that prescribed fire can play an important role in reducing the magnitude and frequency of wildfires;; and (iii) in clause (iv) (as so redesignated), by striking manner, an appropriate and inserting manner in an appropriate; and (B) in subparagraph (B)— (i) in clause (ii), by inserting or, for prescribed fire, be reasonably expected to exist, after must exist; (ii) in clause (iii), by striking and at the end; (iii) in clause (iv)— (I) by striking with respect to exceedances and inserting the following: “with respect to— (I) exceedances; (II) in subclause (I) (as so designated), by striking the period at the end and inserting; and; and (III) by adding at the end the following: (II) the designation, redesignation, classification, or reclassification of an area, the determination of attainment of a national ambient air quality standard, or other determinations by the Administrator for determining compliance with this Act; and; and (iv) by adding at the end the following: (v) (I) a State petition described in clause (iv) be approved, disapproved, or approved-in-part and disapproved-in-part by the Administrator by the date that is 1 year after the date on which the petition is submitted; and (II) if the Administrator does not act on a State petition described in clause (iv) by that date, the State petition be deemed approved unless the Administrator, through the process established in the regulations revised under paragraph (2)(B), subsequently determines that the event is not an exceptional event.; and (4) by striking paragraph (4) and inserting the following: (4) Regional, national, or international exceptional events At the request of multiple State or local government agencies or Tribal authorities, the Administrator shall conduct analyses or otherwise collaborate with such agencies or authorities to lead the development of regional, national, or international exceptional event demonstrations when exceptional events impact multijurisdictional areas.. (b) Savings provision Nothing in this section or an amendment made by this section makes stationary source (as defined in section 51.491 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) emissions that did not qualify as an exceptional event (as defined in section 319(b)(1) of the Clean Air Act (42 U.S.C. 7619(b)(1))) on the day before the date of enactment of this Act an exceptional event under that section after that date of enactment.

•S 5045 ESSEC. 2

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Sec. 2: Air quality monitoring data influenced by exceptional events · Public Law Tracker