Summary
Stops states from being punished for air pollution if they can prove the pollution came from outside the U.S. or from sources they cannot control.
What problem does this solve?
States can be punished for failing to meet air quality goals, even if the pollution comes from places they can't control, like other countries. This bill stops those punishments if a state can prove the pollution is not its fault.
Who does this affect?
- State governments
- Industrial facilities
- Residents in areas with poor air quality
What does this bill do?
Reference
Text:
Section:
Sec. 179C(a)
Header:
Applicability of sanctions and fees if emissions beyond control
Stops penalties for pollution beyond state control
Stops the government from applying fines or other punishments to states that miss air quality goals for ozone or particle pollution due to certain uncontrollable sources.
Blocks 'nonattainment' designation for foreign pollution
Prevents the government from labeling an area as failing air quality standards ('nonattainment') if the state proves the failure is due to pollution from outside the U.S.
Exempts foreign pollution from attainment calculations
Clarifies that emissions from outside the U.S., including natural sources, should not count against a state when determining if it meets air quality standards.
Reference
Text:
Section:
Sec. 179C(a)
Header:
Applicability of sanctions and fees if emissions beyond control
Defines uncontrollable pollution sources
Specifies that uncontrollable sources include pollution from outside the nonattainment area, 'exceptional events' like wildfires, and mobile sources if the state is already doing all it can to control them.
Requires proof every five years
Requires states to re-submit their proof that pollution is beyond their control at least every five years to continue being exempt from penalties.
What is the real world impact?
•
Provides fairness for states
Protects states from federal punishments, like fines, for failing to meet air quality standards when the pollution comes from sources outside their control, such as other countries or natural events.
•
Could weaken air quality protections
Critics might argue this creates a loophole, allowing states to avoid responsibility for cleaning their air by blaming outside sources, which could be difficult for the government to disprove.
When does this start?
The rules in this bill would begin as soon as it becomes law, but states must renew their requests for exemptions every five years.
Renewal of exemption demonstration
States seeking to avoid penalties for uncontrollable pollution must renew their demonstration of proof to the government at least once every 5 years.