The FENCES Act amends the Clean Air Act to exempt states from federal penalties and sanctions if they can demonstrate that air quality problems in their regions are caused primarily by pollution sources outside the United States rather than local emissions. The bill allows states to avoid being designated as "nonattainment areas" (regions failing to meet federal air quality standards) if foreign emissions are the main culprit, and it shields states from fines and sanctions for failing to meet air quality deadlines when they can prove international pollution is responsible. The law applies specifically to severe ozone and particulate matter pollution in areas classified as "Severe," "Extreme," or "Serious." States seeking this exemption must demonstrate their case to the Environmental Protection Agency and renew their proof every five years. The bill essentially gives states an escape valve from Clean Air Act enforcement if they can show that foreign pollution, rather than failures in state pollution controls, is responsible for poor air quality.
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