[House Report 119-595]
[From the U.S. Government Publishing Office]


119th Congress }                                              { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                              { 119-595

=======================================================================



 
         FIRE IMPROVEMENT AND REFORMING EXCEPTIONAL EVENTS ACT

                           ----------------
                                
 April 9, 2026.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                           ----------------
                                
        Mr. Guthrie, from the Committee on Energy and Commerce, 
                        submitted the following


                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 6387]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 6387) to amend the Clean Air Act to require 
revisions to regulations governing the review and handling of 
air quality monitoring data influenced by exceptional events or 
actions to mitigate wildfire risk, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Votes..................................................     4
Oversight Findings and Recommendations...........................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Federal Mandates Statement.......................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     6
Related Committee and Subcommittee Hearings......................     6
Committee Cost Estimate..........................................     7
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8
Minority, Additional, or Dissenting Views........................    12

                          Purpose And Summary

    The purpose of H.R. 6387 is to amend the Clean Air Act 
(CAA) to encourage wildfire mitigation efforts and provide 
clarity on how to treat the air monitoring data resulting from 
these activities in attaining a National Ambient Air Quality 
Standard (NAAQS).

                  Background and Need for Legislation


                   CLEAN AIR ACT & EXCEPTIONAL EVENTS

    The Clean Air Act (CAA) requires the U.S. Environmental 
Protection Agency (EPA) to set air quality standards for 
ambient air pollutants that are reasonably anticipated to 
endanger public health and welfare. The CAA directs EPA to 
establish National Ambient Air Quality Standards (NAAQS). EPA 
sets NAAQS for six criteria air pollutants: carbon monoxide, 
lead, particulate matter, ozone, nitrogen dioxide, and sulfur 
dioxide. Wildfires emit all of these air pollutants. After the 
EPA establishes these standards, States are primarily 
responsible for implementing and enforcing the standards.
    In 2005, Congress amended the CAA to avoid penalizing 
States for air pollutants outside of their control. These 
amendments created the Exceptional Events Rule (EER) which 
allows states to petition the EPA to exempt days with high 
wildfire-produced smoke from being considered in their PM2.5 
and PM10 compliance. To meet the criteria for EER an 
exceptional event must: (1) affect air quality; (2) be not 
reasonably controllable or preventable; (3) be a natural event 
or caused by human activity that is unlikely to recur; and (4) 
determined by the Secretary to be excludable under EPA 
regulations.\1\
---------------------------------------------------------------------------
    \1\42 U.S.C. Sec. 7619(b).
---------------------------------------------------------------------------
    On October 16, 2025, EPA issued guidance on prescribed 
fires in a memo entitled ``EPA Policy on Provisions to Allow 
Wildland Prescribed Fire in Clean Air Act State Implementation 
Plans.'' In that memo, EPA clarified that ``any regulatory 
provisions that would limit the strategic deployment of 
prescribed fires should not be included in SIPs as part of the 
control strategies for attainment or maintenance of the 
NAAQS.'' The guidance's stated purpose was to encourage states 
to engage in wildfire mitigation practices.

                       WILDFIRES & AIR POLLUTION

    Wildfires in the U.S. are increasing in severity and 
frequency. Smoke from wildfires is currently one of the largest 
sources of air pollution. The PM2.5 and PM10 particulates 
produced by wildfires travel long distances, impacting air 
quality across the country. Over the last several years, smoke 
from wildfires has caused significant declines in air quality 
in the U.S.\2\
---------------------------------------------------------------------------
    \2\D.W. Schweizer & R. Cisneros, Forest Fire Policy: Change 
Conventional Thinking of Smoke Management to Prioritize Long-Term Air 
Quality and Public Health, 10 Air Quality Atmosphere & Health, at 33 
(2016); See also G.J. Williamson, D.M.J.S. Bowman, O.F. Price, S.B. 
Henderson & F.H. Johnston, A Transdisciplinary Approach to 
Understanding the Health Effects of Wildfire and Prescribed Fire Smoke 
Regimes, Env't RSCH. Letters, at 1 (Dec. 6, 2016).
---------------------------------------------------------------------------

             PRESCRIBED FIRE & WILDFIRE MITIGATION EFFORTS

    Land treated with mechanical thinning and prescribed burns 
results in a 32 percent decline in average fire severity and 
the occurrence of high-severity wildfires was reduced by 88 
percent.\3\ Recent studies estimate that expanding the practice 
of prescribed burns or brush management could reduce air 
pollution by 655,000 tons over the next 5 years.\4\
---------------------------------------------------------------------------
    \3\Ethan Yackulic, et al., Rising from the ashes: treatments 
stabilize carbon storage in California's frequent-fire forests, Front. 
In Forests & Global Change (2025).
    \4\Id.
---------------------------------------------------------------------------
    Despite broad consensus that the practice of prescribed 
burns and other wildfire mitigation measures, like mechanical 
thinning, are the most effective way to reduce the severity and 
risk of wildfires they are still underutilized in the U.S. 
because of the limits created by federal air quality laws.
    Facilitating prescribed burns prevents and reduces the 
growing risks of wildfires. EPA has routinely and consistently 
recognized the increase in PM emissions from wildfires and the 
need for prescribed burns. Despite proof that prescribed fires 
minimize wildfire intensity and the amount of emissions per 
acre, states are often forced to prioritize certainty in NAAQS 
attainment over the future benefit of wildfire mitigation. 
Updating the EER allows states to encourage wildfire mitigation 
practices without fear that such practices will make them 
unable to meet the CAA's air quality standards.
    On June 11, 2025, the Subcommittee on Environment held a 
hearing on H.R. 6387. The title of the hearing was ``Short-
Circuiting Progress: How the Clean Air Act Impacts Building 
Necessary Infrastructure and Onshoring American Innovation.'' 
The Subcommittee received testimony from:
           James W. Boylan, Chief, Air Protection 
        Branch, Georgia Environmental Protection Division;
           Chad Whiteman, Vice President, Environment 
        and Regulatory Affairs, U.S. Chamber of Commerce;
           Paul Noe, Vice President, Public Policy, 
        American Forest & Paper Association;
           John Walke, Director, Federal Clean Air & 
        Senior Attorney, National Resources Defense Council.
    On September 16, 2025 the Subcommittee on Environment held 
a hearing on H.R. 6387. The title of the hearing was ``From 
Gridlock to Growth: Permitting Reform Under the Clean Air 
Act.'' The Subcommittee received testimony from:
           Clint Woods, Commissioner, Indiana 
        Department of Environmental Management;
           Mark Gebbia, Vice President, Environmental 
        and Permitting, Williams;
           Ashley Kunz, Senior Director, Environmental 
        Health and Safety, Micron;
           Danny Seiden, President and CEO, Arizona 
        Chamber of Commerce and Industry;
           Kerri Powell, Senior Attorney for Community 
        Health and Air Program Leader, Southern Environmental 
        Law Center;
           Ali Mirzakhalili, Air Quality Division 
        Administrator, Oregon Department of Environmental 
        Quality.
    On December 10, 2025, the Subcommittee on Environment met 
in open markup session and forwarded H.R. 6387, without 
amendment, to the full Committee by a record vote of 13 yeas 
and 10 nays. On January 21, 2026, the full Committee on Energy 
and Commerce met in open markup session and ordered H.R. 6387, 
without amendment, favorably reported to the House by a record 
vote of 27 yeas and 23 nays.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 

                 Oversight Findings and Recommendations

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held (a) hearing(s) and made findings 
that are reflected in this report.

             New Budget Authority, Entitlement Authority, 
                          and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 6387 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to amend 
the Clean Air Act to promote wildfire mitigation efforts.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 6387 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

              Related Committee and Subcommittee Hearings

    Pursuant to clause 3(c)(6) of rule XIII, the following 
related hearing was used to develop or consider H.R. 6387:
    On June 11, 2025, the Subcommittee on Environment held a 
hearing on H.R. 6387. The title of the hearing was ``Short-
Circuiting Progress: How the Clean Air Act Impacts Building 
Necessary Infrastructure and Onshoring American Innovation.'' 
The Subcommittee received testimony from:
           James W. Boylan, Chief, Air Protection 
        Branch, Georgia Environmental Protection Division;
           Chad Whiteman, Vice President, Environment 
        and Regulatory Affairs, U.S. Chamber of Commerce;
           Paul Noe, Vice President, Public Policy, 
        American Forest & Paper Association;
           John Walke, Director, Federal Clean Air & 
        Senior Attorney, National Resources Defense Council.
    On September 16, 2025 the Subcommittee on Environment held 
a hearing on H.R. 6387. The title of the hearing was ``From 
Gridlock to Growth: Permitting Reform Under the Clean Air 
Act.'' The Subcommittee received testimony from:
           Clint Woods, Commissioner, Indiana 
        Department of Environmental Management;
           Mark Gebbia, Vice President, Environmental 
        and Permitting, Williams;
           Ashley Kunz, Senior Director, Environmental 
        Health and Safety, Micron;
           Danny Seiden, President and CEO, Arizona 
        Chamber of Commerce and Industry;
           Kerri Powell, Senior Attorney for Community 
        Health and Air Program Leader, Southern Environmental 
        Law Center;
           Ali Mirzakhalili, Air Quality Division 
        Administrator, Oregon Department of Environmental 
        Quality.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 6387 contains no earmarks, limited 
tax benefits or limited tariff benefits.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation 

Section 1. Short title

    This section provides the short title, the ``Fire 
Improvement and Reforming Exceptional Events Act'' or ``FIRE 
Act.''

Section 2. Air quality monitoring data influenced by exceptional events 
        or actions to mitigate wildfire risk

    This section revises the definition of exceptional event to 
include a natural event, an event caused by human activity that 
is intended to mirror the occurrence or reoccurrence of a 
natural event, or caused by human activity that is unlikely to 
recur. The section clarifies that an exceptional event does not 
include stagnation of air masses that ordinarily occur, 
meteorological inversions, or air pollution relating to source 
noncompliance.
    The section also defines ``action to mitigate wildfire 
risk'' as prescribed fire or similar measures undertaken in 
accordance with State approved practices, to reduce the risk of 
wildfire.
    The section also requires a mechanism for the EPA to 
conduct regional modeling for multistate air quality events. 
The section also includes measures to increase transparency and 
reporting requirements.
    Section 2 also amends the requirement for establishing a 
clear and causal relationship adding language that requires 
that a clear causal relationship must exist, or be reasonably 
expected to exist, between the measured exceedances of a 
national ambient air quality standard and the exceptional event 
or action to mitigate wildfire risk to demonstrate that the 
exceptional event or action to mitigate wildfire risk caused a 
specific air pollution concentration at a particular air 
quality monitoring location.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                             CLEAN AIR ACT

           *       *       *       *       *       *       * 
           
                           TITLE III--GENERAL

           *       *       *       *       *       *       *

SEC. 319. AIR QUALITY MONITORING.

  (a) In General.--After notice and opportunity for public 
hearing, the Administrator shall promulgate regulations 
establishing an air quality monitoring system throughout the 
United States which--
          (1) utilizes uniform air quality monitoring criteria 
        and methodology and measures such air quality according 
        to a uniform air quality index,
          (2) provides for air quality monitoring stations in 
        major urban areas and other appropriate areas 
        throughout the United States to provide monitoring such 
        as will supplement (but not duplicate) air quality 
        monitoring carried out by the States required under any 
        applicable implementation plan,
          (3) provides for daily analysis and reporting of air 
        quality based upon such uniform air quality index, and
          (4) provides for recordkeeping with respect to such 
        monitoring data and for periodic analysis and reporting 
        to the general public by the Administrator with respect 
        to air quality based upon such data.
The operation of such air quality monitoring system may be 
carried out by the Administrator or by such other departments, 
agencies, or entities of the Federal Government (including the 
National Weather Service) as the President may deem 
appropriate. Any air quality monitoring system required under 
any applicable implementation plan under section 110 shall, as 
soon as practicable following promulgation of regulations under 
this section, utilize the standard criteria and methodology, 
and measure air quality according to the standard index, 
established under such regulations.
  (b) Air Quality Monitoring Data Influenced by Exceptional 
Events Or Actions To Mitigate Wildfire Risk.--
          (1)  [Definition of exceptional event] Definitions.--
        In this section:
                  [(A) In general.--The term ``exceptional 
                event'' means an event that--]
                  (A) Exceptional event._
                          (i) In general._The term 
                        ``exceptional event'' means an event 
                        that-- 
                          [(i)] (I) affects air quality;
                          [(ii)] (II) is not reasonably 
                        controllable or preventable;
                          [(iii) is an event caused by human 
                        activity that is unlikely to recur at a 
                        particular location or a natural event; 
                        and]
                                  (III) is an event that is--
                                          (aa) a natural event;
                                          (bb) caused by a 
                                        human activity that is 
                                        intended to mirror the 
                                        occurrence or 
                                        reoccurrence of a 
                                        natural event; or
                                          (cc) caused by a 
                                        human activity that is 
                                        unlikely to recur; and
                          [(iv)] (IV) is determined by the 
                        Administrator through the process 
                        established in the regulations 
                        promulgated under paragraph (2) to be 
                        an exceptional event.
                          (ii) Exclusions.--In this subsection, 
                        the term ``exceptional event'' does not 
                        include--
                                  (I) ordinarily occurring 
                                stagnation of air masses;
                                  (II) meteorological 
                                inversions; or
                                  (III) air pollution relating 
                                to source noncompliance.
                  [(B) Exclusions.--In this subsection, the 
                term ``exceptional event'' does not include--
                          [(i) stagnation of air masses or 
                        meteorological inversions;
                          [(ii) a meteorological event 
                        involving high temperatures or lack of 
                        precipitation; or
                          [(iii) air pollution relating to 
                        source noncompliance.]
                  (B) Action to mitigate wildfire risk.--The 
                term ``action to mitigate wildfire risk'' means 
                a prescribed fire or similar measure, 
                undertaken in accordance with State approved 
                practices, to reduce the risk and severity of 
                wildfires.
          (2) Regulations.--
                  (A) Proposed regulations.--Not later than 
                [March 1, 2006] 18 months after the date of 
                enactment of the FIRE Act, after consultation 
                with Federal land managers and State air 
                pollution control agencies, the Administrator 
                shall publish in the Federal Register proposed 
                revisions to regulations governing the review 
                and handling of air quality monitoring data 
                influenced by exceptional events or actions to 
                mitigate wildfire risk.
                  (B) Final regulations.--Not later than 1 year 
                after the date on which the Administrator 
                publishes proposed regulations under 
                subparagraph (A), including proposed revisions 
                to regulations, and after providing an 
                opportunity for interested persons to make oral 
                presentations of views, data, and arguments 
                regarding the proposed regulations, the 
                Administrator shall promulgate final 
                regulations governing the review and handling 
                or air quality monitoring data influenced by an 
                exceptional event or action to mitigate 
                wildfire risk that are consistent with 
                [paragraph (3)] this section.
                  (C) Regional analysis.--When more than one 
                State notifies the Administrator of its intent 
                to submit a petition pursuant to this section 
                for an exceptional event or an action to 
                mitigate wildfire risk for the same air quality 
                event, or, if the Administrator determines such 
                a multistate air quality event has occurred, 
                the Administrator shall conduct regional 
                modeling and analysis sufficient to satisfy the 
                demonstration required for an exceptional event 
                or an action to mitigate wildfire risk petition 
                for such air quality event.
                  (D) Transparency.--Not later than 12 months 
                after the date of enactment of the FIRE Act, 
                the Administrator shall establish, and 
                thereafter update monthly, a public website 
                describing the status of all petitions 
                submitted pursuant to this section for 
                exceptional events and actions to mitigate 
                wildfire risk.
          (3) Principles and requirements.--
                  (A) Principles.--In promulgating regulations 
                under this section, the Administrator shall 
                follow--
                          (i) the principle that protection of 
                        public health is the highest priority;
                          (ii) the principle that actions to 
                        mitigate wildfire risk can play an 
                        important role in reducing the 
                        magnitude and frequency of wildfires;
                          [(ii)] (iii) the principle that 
                        timely information should be provided 
                        to the public in any case in which the 
                        air quality is unhealthy;
                          [(iii)] (iv) the principle that all 
                        ambient air quality data should be 
                        included in a timely manner, an 
                        appropriate Federal air quality 
                        database that is accessible to the 
                        public;
                          [(iv)] (v) the principle that each 
                        State must take necessary measures to 
                        safeguard public health regardless of 
                        the source of the air pollution; and
                          [(v)] (vi) the principle that air 
                        quality data should be carefully 
                        screened to ensure that events not 
                        likely to recur are represented 
                        accurately in all monitoring data and 
                        analyses.
                  (B) Requirements.--Regulations promulgated 
                under this section shall, at a minimum, provide 
                that--
                          (i) the occurrence of an exceptional 
                        event or action to mitigate wildfire 
                        risk must be demonstrated by reliable, 
                        accurate data that is promptly produced 
                        and provided by Federal, State, or 
                        local government agencies;
                          [(ii) a clear causal relationship 
                        must exist between the measured 
                        exceedances of a national ambient air 
                        quality standard and the exceptional 
                        event to demonstrate that the 
                        exceptional event caused a specific air 
                        pollution concentration at a particular 
                        air quality monitoring location;]
                          (ii) a clear causal relationship must 
                        exist, or be reasonably expected to 
                        exist, between the measured exceedances 
                        of a national ambient air quality 
                        standard and the exceptional event or 
                        action to mitigate wildfire risk to 
                        demonstrate that the exceptional event 
                        or action to mitigate wildfire risk 
                        caused a specific air pollution 
                        concentration at a particular air 
                        quality monitoring location;
                          (iii) there is a public process for 
                        determining whether an event is 
                        exceptional; and
                          [(iv) there are criteria and 
                        procedures for the Governor of a State 
                        to petition the Administrator to 
                        exclude air quality monitoring data 
                        that is directly due to exceptional 
                        events from use in determinations by 
                        the Administrator with respect to 
                        exceedances or violations of the 
                        national ambient air quality 
                        standards.]
                          (iv) there are criteria and 
                        procedures for the Governor of a State 
                        to petition the Administrator to 
                        exclude air quality monitoring data 
                        that is directly due to exceptional 
                        events or actions to mitigate wildfire 
                        risk from use in determinations by the 
                        Administrator with respect to--
                                  (I) area or source 
                                exceedances or violations of 
                                the national ambient air 
                                quality standards;
                                  (II) the designation, 
                                redesignation, classification, 
                                or reclassification of an area;
                                  (III) the demonstration by a 
                                State of attainment of a 
                                national ambient air quality 
                                standard;
                                  (IV) attainment 
                                determinations;
                                  (V) attainment date 
                                extensions;
                                  (VI) finding a State 
                                implementation plan to be 
                                inadequate; or
                                  (VII) preconstruction 
                                demonstrations under section 
                                165(a)(3).
          [(4) Interim provision.--Until the effective date of 
        a regulation promulgated under paragraph (2), the 
        following guidance issued by the Administrator shall 
        continue to apply:
                  [(A) Guidance on the identification and use 
                of air quality data affected by exceptional 
                events (July 1986).
                  [(B) Areas affected by PM-10 natural events, 
                May 30, 1996.
                  [(C) Appendices I, K, and N to part 50 of 
                title 40, Code of Federal Regulations.]

           *       *       *       *       *       *       * 

                             MINORITY VIEWS

    We oppose H.R. 6387, the ``Fire Improvement and Reforming 
Exceptional Events (FIRE) Act,'' which seeks to amend the Clean 
Air Act (CAA) to artificially reduce reporting on the severity 
of air pollution and mask air pollution concerns by expanding 
the list of exceptional events that states can claim in 
demonstrating compliance with air quality standards. The bill 
makes common events--like drought and hot days--exceptional. As 
a result, communities across American will continue to 
needlessly breathe unhealthy air.

                               BACKROUND

    Since its enactment, the CAA has driven important progress 
in improving air quality and public health. The history of the 
CAA demonstrates the success of the law's longstanding approach 
and use of valuable tools to measure and curb air pollution. 
The CAA has built in flexibility, as Congress recognized that 
there are certain events that potentially worsen air pollution 
and are beyond our control to mitigate. Therefore, the CAA 
allows EPA to exclude emissions from events that are ``unusual 
or naturally occurring events that can affect air quality but 
are not reasonably controllable using techniques that air 
agencies may implement in order to attain and maintain the 
[National Ambient Air Quality Standards (NAAQS)]'' when making 
certain regulatory decisions.\1\
---------------------------------------------------------------------------
    \1\42 U.S.C. 7619(b).
---------------------------------------------------------------------------
    The majority claims that the goal of the FIRE Act is to 
provide clarity and predictability for air quality planning, 
reduce unnecessary regulatory burden on manufacturers and 
communities, and to reward states for proactive wildfire 
mitigation strategies. H.R. 6387 accomplishes none of these 
goals.

                        SUMMARY OF THE FIRE ACT

    H.R. 6387 amends CAA Section 319 to drastically expand the 
list of ``exceptional events'' states can claim in 
demonstrating compliance with air quality standards to include 
prescribed fires as well as common conditions and occurrences 
that are not, in fact, exceptional--such as hot days or 
drought. This will artificially reduce reporting on the 
severity of air pollution in an area and cause areas with poor 
air quality to appear much better than reality. This all but 
ensures that areas having stagnant air masses; experiencing 
meteorological inversions, heat waves, or droughts could avoid 
addressing their serious air pollution problems. Ultimately, 
this change will result in Americans continuing to breath 
unhealthy air. Given that pollutants--like ozone--are often 
higher on hotter days, such an expansion to the list of 
exceptional events would be a significant change.
    The Committee received testimony that the expanded 
exceptional event definition will complicate the existing 
demonstration process for states, including by adding ambiguity 
around what could be considered as an action to mitigate 
wildfire. For example, it is not clear what a ``State approved 
practice'' to mitigate wildfire risk is, or how EPA would 
verify that those practices meet the requirements of the CAA. 
According to witness testimony, legislation that restores and 
bolsters resources that facilitate coordination between 
Federal, State, and local air quality agencies would be far 
more useful to state air regulators than this provision.\2\
---------------------------------------------------------------------------
    \2\House Committee on Energy and Commerce, Testimony of Ali 
Mirzakhalili, Air Quality Division Administrator, Oregon Department of 
Environmental Quality, Hearing on From Gridlock to Growth: Permitting 
Reform Under the Clean Air Act, 119th Cong, (Sept. 16, 2025).
---------------------------------------------------------------------------
    Republicans claim that this provision will make it easier 
for states to expand the use of prescribed burn. However, under 
current law EPA already provides a pathway for states to 
exclude data influenced by wildfires and prescribed fires, 
viewing them as qualifying exceptional events. In fact, EPA 
promulgated the 2016 Exceptional Event Rule, which included 
guidance on the use of prescribed burns under its existing CAA 
authorities.\3\ Prescribed burns have been shown to mitigate 
wildfire, and EPA has supported this tool with appropriate 
guardrails to protect public health. Since EPA can already 
exclude emissions from prescribed burns in NAAQS calculations, 
this bill is completely unnecessary.
---------------------------------------------------------------------------
    \3\Environmental Protection Agency, Treatment of Data Influenced by 
Exceptional Events, 81 Fed. Reg. 68216 (Oct. 3, 2016) (final rule).
---------------------------------------------------------------------------
    It is worth noting that the majority acknowledges that the 
frequency and intensity of wildfire is increasing but fails to 
attribute this trend to climate change. It is ironic, however, 
that the majority is seeking to advance legislation to increase 
the use of prescribed burns to mitigate the impacts of climate 
change, but that same legislation would give industry a free 
pass to emit more climate warming pollution during heat waves 
or prolonged drought. Concurrently, the Trump Administration 
and the Republican majority are working tirelessly to shutter 
critical climate programs, including programs that facilitate 
better collaboration between local, state, and Federal 
governments on forest wildfire management, which are also 
essential tools in mitigating fire risk.

                               CONCLUSION

    Because the CAA intentionally allows states to claim a wide 
range of phenomena as exceptional events, this bill does not 
reduce any so-called regulatory burden on states or 
communities. In practice, this bill would add ambiguity to the 
existing regulatory process, allow for underreported pollution, 
and give polluters a free pass to emit dangerous pollution. 
H.R. 6387 is not a good faith attempt to improve wildfire 
mitigation activities. To be clear, the FIRE Act is not really 
about allowing the use of prescribed burns under the CAA. It is 
simply a dishonest attempt by the Republicans to give states a 
free pass at increasing dangerous pollution. And by deeming 
regular weather occurrences like drought and heat as 
exceptional events, Republicans want to use a hot day as an 
excuse to write off air pollution and ignore the harm it causes 
American communities.
    For the reasons stated above, we oppose H.R. 6387.

                                        Frank Pallone, Jr.,
                                                    Ranking Member.

                                  [all]