S. 5045

Overview

The Clean Air Act lets states ask the Environmental Protection Agency (EPA) to set aside pollution readings caused by "exceptional events" (unusual events that can't reasonably be controlled or prevented) when judging whether an area meets federal air quality standards. This bill would make prescribed fires, meaning planned, controlled burns that clear brush and other wildland fuel, including Tribal cultural burning, eligible as exceptional events, and a state's request would be treated as approved if EPA does not act within one year, unless EPA later decides otherwise. EPA would have 270 days to propose rules that cut the cost and burden for states and 180 more days to finalize them; pollution from factories and other fixed sources would not become newly eligible. If Congress provides funding, EPA could also give competitive grants to states, Tribes, and other eligible groups to reduce wildfire smoke hazards in community buildings such as schools, covering up to 90% of costs (or more in economically distressed communities), with no state receiving more than 25% of a year's funds.