US Federal 2025-2026 Regular Session

US Federal House Bill HB6409

Introduced
12/3/25  
Refer
12/3/25  
Refer
12/3/25  
Report Pass
1/21/26  

Caption

Foreign Emissions and Nonattainment Clarification for Economic Stability Act FENCES Act

Impact

The impact of HB 6409 on state laws revolves primarily around the definition and management of nonattainment areas for air quality. If enacted, the bill would stipulate that states could prevent their areas from being classified as nonattainment for certain pollutants, provided they illustrate that these pollutants are influenced by emissions occurring beyond their jurisdiction. This change could encourage states to adopt more comprehensive air quality management strategies while shielding them from penalties and sanctions for factors outside their regulatory reach.

Summary

House Bill 6409, titled the 'Foreign Emissions and Nonattainment Clarification for Economic Stability Act' or 'FENCES Act', seeks to amend the Clean Air Act by clarifying standards for emissions originating from outside the United States. The bill aims to address the complexities involved in designating nonattainment areas for air quality standards in cases where pollutants may be transported from outside national boundaries. By doing so, it intends to provide states with more robust tools to demonstrate compliance with federal air quality standards, potentially minimizing sanctions linked to international emissions that are beyond state control.

Sentiment

The sentiment around HB 6409 is a mixture of support and opposition, reflecting deep concerns about environmental accountability versus economic stability. Proponents argue that the bill empowers states to manage air quality effectively without facing unjust penalties due to external pollution sources. They believe the legislation is essential for supporting economic growth and protecting local industries. On the other hand, critics voice fears that the bill may dilute environmental protections, arguing that it could lead to lax enforcement of emissions standards, ultimately compromising public health and environmental integrity.

Contention

Notable points of contention surrounding HB 6409 include debates over the responsibilities of states in managing local air quality against the backdrop of international pollution sources. Opponents are particularly concerned that allowing states to avoid penalties for emissions that are not directly controllable might lead to reduced overall commitment towards attaining national air quality standards. Furthermore, there are apprehensions regarding how such legislation might set a precedent for further deregulation in environmental law, potentially undermining the Clean Air Act's effectiveness in addressing air quality issues in a holistic manner.

Companion Bills

US SB3836

Related FENCES Act Foreign Emissions and Nonattainment Clarification for Economic Stability Act

US HR1174

Related Providing for consideration of 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; providing for consideration of the bill (H.R. 6398) to amend the Clean Air Act relating to review by the Environmental Protection Agency of proposed legislation; providing for consideration of the bill (H.R. 6409) to amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes; and providing for consideration of the resolution (H. Res. 1156) expressing support for tax policies that support working families.

Previously Filed As

US SB3836

FENCES Act Foreign Emissions and Nonattainment Clarification for Economic Stability Act

US SB514

MERP Clarifications Act of 2025 Methane Emissions Reduction Program Clarifications Act of 2025

US HB4218

CLEAR Act Clean Air and Economic Advancement Reform Act

US SB1128

Air quality; causation; state boundaries

US HB853

Relating to the issuance of air quality permits for certain facilities located in a nonattainment area.

US SB429

Relating to the issuance of air quality permits for certain facilities located in a nonattainment area.

US SB0103

Vehicle emissions.

US HR1174

Providing for consideration of 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; providing for consideration of the bill (H.R. 6398) to amend the Clean Air Act relating to review by the Environmental Protection Agency of proposed legislation; providing for consideration of the bill (H.R. 6409) to amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes; and providing for consideration of the resolution (H. Res. 1156) expressing support for tax policies that support working families.

US HB3263

Relating to a program for monitoring methane emissions using funds from the Texas emissions reduction plan.

US HCM2010

Air quality; ozone levels

Similar Bills

No similar bills found.