[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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