FIRE Act
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The FIRE Act would change how the Environmental Protection Agency treats air pollution data linked to wildfires and prescribed burns when judging whether states meet national air quality standards, expanding the definition of qualifying "exceptional events" and adding a new category for deliberate wildfire-risk-reduction burns.
It would also set deadlines for the EPA to update its regulations, require regional analysis when multiple states report the same wildfire-driven pollution event, and create a public website tracking petition status, aiming to make it easier for wildfire-prone states to exclude smoke-driven exceedances from compliance determinations.
What this bill would do
What it would do
The bill would amend Section 319(b) of the Clean Air Act, which lets states ask the EPA to exclude certain air pollution readings from official air-quality-standard compliance determinations when the pollution stems from an "exceptional event." It would broaden that definition to include human-caused actions intended to mirror natural events, and create a new category, "action to mitigate wildfire risk," covering prescribed fires and similar state-approved wildfire prevention measures. It would remove high-temperature, low-precipitation, and unusual-stagnation events from the list of things that can't count as exceptional events, and require the EPA to revise its regulations within 18 months of enactment. The bill would also require the EPA to conduct regional modeling when multiple states submit petitions about the same air quality event, and to build a public website, updated monthly, tracking the status of exceptional-event and wildfire-mitigation petitions. It does not change other Clean Air Act pollution standards or requirements outside this exceptional-events process.
Key provisions
- 1Would broaden the definition of "exceptional event" to include human-caused actions intended to mirror natural events and add a new category for wildfire-risk-mitigation actions like prescribed fires
- 2Would remove high-temperature, low-precipitation events and unusual air-mass stagnation from the events excluded from qualifying as exceptional events
- 3Would require the EPA to revise its exceptional events regulations within 18 months of enactment
- 4Would require the EPA to conduct regional modeling and analysis when multiple states petition over the same air quality event
- 5Would require the EPA to create and monthly update a public website tracking the status of exceptional-event and wildfire-mitigation petitions within 12 months of enactment
Who would be affected
State environmental agencies and governors who petition the EPA to exclude wildfire- or prescribed-burn-related pollution data from compliance calculations, the EPA itself, and communities in wildfire-prone states whose air quality attainment status could be affected by how such pollution episodes are counted.
Why it matters
States with frequent wildfires or that use prescribed burns for wildfire prevention could find it easier to exclude smoke-related pollution spikes from counting against their air quality attainment status, potentially avoiding federal penalties or stricter regulatory requirements tied to failing national air quality standards.
What would change
Changes to existing law
Amends Clean Air Act, Section 319(b) (42 U.S.C. 7619(b)) (Sec. 2)
Redefines "exceptional event," adds a "action to mitigate wildfire risk" category, sets a regulatory revision deadline, and adds regional analysis and transparency website requirements.
Agencies directed to act
Effective dates
- EPA must revise exceptional events regulations
- EPA must establish the public petition-tracking website
How implementation would work
The EPA would have to conduct rulemaking to revise its exceptional-events regulations within 18 months, incorporating the new statutory definitions and criteria. Within 12 months it would need to launch a public website tracking petition status, updated monthly. When two or more states notify the EPA of intent to petition over the same air quality event, or the agency determines one occurred, the EPA would perform regional modeling and analysis to support the exceptional-event demonstration, rather than requiring each state to independently prove causation.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Official CRS summary
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This bill modifies the definition of exceptional events under the Clean Air Act and requires the Environmental Protection Agency (EPA) to revise its regulations regarding exceptional events or actions to mitigate wildfire risk.
Generally, the EPA must exclude data from use in determinations of exceedances and violations of national ambient air quality standards (NAAQS) if a state demonstrates that an exceptional event caused a specific air pollution concentration.
The bill provides that events caused by human activity that are intended to mirror the occurrence or reoccurrence of a natural event are exceptional events. Additionally, the bill no longer excludes from consideration as an exceptional event (1) meteorological events involving high temperatures or a lack of precipitation, or (2) stagnation of air masses that does not ordinarily occur.
The bill requires the EPA to revise regulations regarding the reviewing and handling of air quality monitoring data influenced by actions to mitigate wildfire risk.
The bill also requires the EPA to conduct regional modeling and analysis when multiple states submit petitions regarding the same exceptional event or action to mitigate wildfire risk.
Legislative subjects
Administrative law and regulatory procedures; Air quality; Atmospheric science and weather; Environmental Protection; Environmental assessment, monitoring, research; Environmental regulatory procedures; Fires; Forests, forestry, trees; Government information and archives; State and local government operations
Committee report
H. Rept. 119-595