FENCES Act

This bill amends the Clean Air Act to address air quality challenges caused by emissions originating outside U.S. borders. It prevents states from being penalized (e.g., with sanctions or fees) for failing to meet air quality standards if the deficiency is due to emissions from outside the U.S. (regardless of whether those emissions are human-caused), or from exceptional events like wildfires. States must demonstrate this cause to avoid penalties and renew the demonstration every five years. The bill does not change air quality standards themselves but modifies how states are held accountable for meeting them. It directly affects states struggling with cross-border pollution, particularly for ozone and particulate matter.