[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5045 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5045

   To amend the Clean Air Act to modify the handling of air quality 
  monitoring with respect to prescribed fires, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2026

  Mr. Curtis (for himself, Mr. Merkley, Mrs. Capito, Mr. Padilla, Mr. 
 Boozman, and Mr. Kelly) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend the Clean Air Act to modify the handling of air quality 
  monitoring with respect to prescribed fires, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wildfire Emissions Prevention Act of 
2026''.

SEC. 2. AIR QUALITY MONITORING DATA INFLUENCED BY EXCEPTIONAL EVENTS.

    (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.

SEC. 3. SMOKE READY COMMUNITIES PROGRAM.

    (a) Establishment.--Subject to the availability of appropriations, 
the Administrator of the Environmental Protection Agency (referred to 
in this section as the ``Administrator'') may make competitive grants 
under section 103(b)(3) of the Clean Air Act (42 U.S.C. 7403(b)(3)) to 
eligible entities for the assessment, prevention, control, or abatement 
of wildfire smoke hazards in community buildings, including school 
buildings (as defined in section 11 of the Asbestos School Hazard 
Detection and Control Act of 1980 (20 U.S.C. 3610)), and related 
activities.
    (b) Eligible Entities.--The entities eligible for a grant under 
subsection (a) are--
            (1) States;
            (2) federally recognized Indian Tribes; and
            (3) any entities eligible for grants under section 
        103(b)(3) of the Clean Air Act (42 U.S.C. 7403(b)(3)).
    (c) Cost Share.--
            (1) In general.--Subject to paragraph (2), the Federal 
        share of the cost of an activity carried out using a grant 
        under subsection (a) shall be not more than 90 percent.
            (2) Waiver.--The Administrator may waive the cost-share 
        requirement under paragraph (1) if the facility that is the 
        subject of the activity for which the grant is provided is in 
        an economically distressed community.
    (d) Limitation.--Of the amounts made available each fiscal year for 
grants under this section, not more than 25 percent may be awarded to 
recipients in any 1 State.
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