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Code · BILL · 119th Congress · S. 3044 (Introduced in Senate) — To amend the Clean Air Act to modify the handling of air quality monitoring with respect to prescribed fires, and for... · Sec. 2

Sec. 2. Air quality monitoring data influenced by exceptional events and prescribed fires

760 words·~3 min read·/bill/119/s/3044/is/section-2

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Section 319(b) of the Clean Air Act ( 42 U.S.C. 7619(b) ) is amended— in the subsection heading, by inserting after and prescribed fires ; events in paragraph (1)— in subparagraph (A)— in clause (ii), by inserting , unless the purpose is to prevent more severe emissions before the semicolon at the end; by striking clauses
(iii)and
(iv)and inserting the following: is a natural event, or an event caused by human activity that is unlikely to recur unless the event intended to mirror the occurrence or reoccurrence of a natural event, or a prescribed fire; and is determined to be an exceptional event by the impacted State, unless the Administrator, through the process established in the regulations revised under paragraph (2), subsequently determines that the event is not an exceptional event. ; and by redesignating clauses
(i)through
(iv)as subclauses
(I)through (IV), respectively, and indenting appropriately; in subparagraph (B)— in the matter preceding clause (i), by striking In this subsection, the and inserting The ; and by redesignating each of clauses
(i)through
(iii)as subclauses
(I)through (III), respectively, and indenting appropriately; by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and indenting appropriately; by striking the paragraph designation and heading and all that follows through this section: in the matter preceding clause
(i)(as so redesignated) and inserting the following: In this subsection: ; and by adding at the end the following: The term prescribed fire means a fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives. ; in paragraph (2)— by striking subparagraph
(A)and inserting the following: Not later than 270 days after the date of enactment of the Wildfire Emissions Prevention Act of 2025 , the Administrator, after consultation with Federal land managers, State air pollution control agencies, State foresters, and State fish and wildlife agencies, shall publish in the Federal Register revisions to existing regulations promulgated under this section to govern the review of State determinations and handling of air quality monitoring data influenced by exceptional events or prescribed fires. ; and in subparagraph (B)— in the subparagraph heading, by striking and inserting regulations ; revisions by striking proposed regulations each place it appears and inserting proposed revisions ; by striking 1 year and inserting 180 days ; and by striking promulgate final regulations and all that follows through the period at the end and inserting finalize the revisions under subparagraph
(A)to regulations promulgated under this section to govern the review of State determinations and handling of air quality monitoring data influenced by exceptional events or prescribed fires that are consistent with paragraph (3). ; in paragraph (3)— in subparagraph (A)(iii), by striking manner, an appropriate and inserting manner in an appropriate ; and in subparagraph (B)— in clause (i), by inserting or a prescribed fire after an exceptional event ; in clause (ii)— by inserting or be reasonably expected to exist after must exist ; and by striking exceptional event each place it appears and inserting exceptional event or a prescribed fire ; and in clause (iv)— by striking Governor of a State to petition the Administrator and inserting Administrator to review State determinations ; by inserting or prescribed fires after exceptional events ; by striking with respect to exceedances and inserting the following: “with respect to— exceedances ; in subclause
(I)(as so designated), by striking the period at the end and inserting ; or ; and by adding at the end the following: the designation, redesignation, classification, or reclassification of an area, the demonstration by a State of attainment of a national ambient air quality standard, or other determinations by the Administrator for determining compliance with this Act. ; and by striking paragraph
(4)and inserting the following: 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. . Nothing in this Act or an amendment made by this Act 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 were not 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.
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Sec. 2
Air quality monitoring data influenced by exceptional events and prescribed fires
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