[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3044 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3044

   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

                            October 23, 2025

Mr. Curtis (for himself and Ms. Lummis) 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 
2025''.

SEC. 2. AIR QUALITY MONITORING DATA INFLUENCED BY EXCEPTIONAL EVENTS 
              AND PRESCRIBED FIRES.

    (a) In General.--Section 319(b) of the Clean Air Act (42 U.S.C. 
7619(b)) is amended--
            (1) in the subsection heading, by inserting ``and 
        Prescribed Fires'' after ``Events'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) in clause (ii), by inserting ``, unless 
                        the purpose is to prevent more severe 
                        emissions'' before the semicolon at the end;
                            (ii) by striking clauses (iii) and (iv) and 
                        inserting the following:
                            ``(iii) 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
                            ``(iv) 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
                            (iii) by redesignating clauses (i) through 
                        (iv) as subclauses (I) through (IV), 
                        respectively, and indenting appropriately;
                    (B) in subparagraph (B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``In this subsection, the'' and 
                        inserting ``The''; and
                            (ii) by redesignating each of clauses (i) 
                        through (iii) as subclauses (I) through (III), 
                        respectively, and indenting appropriately;
                    (C) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting 
                appropriately;
                    (D) 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:
            ``(1) Definitions.--In this subsection:
                    ``(A) Exceptional event.--''; and
                    (E) by adding at the end the following:
                    ``(B) Prescribed fire.--The term `prescribed fire' 
                means a fire originating from a planned ignition in 
                accordance with applicable laws, policies, and 
                regulations to meet specific objectives.'';
            (3) in paragraph (2)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) Proposed revisions.--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
                    (B) in subparagraph (B)--
                            (i) in the subparagraph heading, by 
                        striking ``regulations'' and inserting 
                        ``revisions'';
                            (ii) by striking ``proposed regulations'' 
                        each place it appears and inserting ``proposed 
                        revisions'';
                            (iii) by striking ``1 year'' and inserting 
                        ``180 days''; and
                            (iv) 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).'';
            (4) in paragraph (3)--
                    (A) in subparagraph (A)(iii), by striking ``manner, 
                an appropriate'' and inserting ``manner in an 
                appropriate''; and
                    (B) in subparagraph (B)--
                            (i) in clause (i), by inserting ``or a 
                        prescribed fire'' after ``an exceptional 
                        event'';
                            (ii) in clause (ii)--
                                    (I) by inserting ``or be reasonably 
                                expected to exist'' after ``must 
                                exist''; and
                                    (II) by striking ``exceptional 
                                event'' each place it appears and 
                                inserting ``exceptional event or a 
                                prescribed fire''; and
                            (iii) in clause (iv)--
                                    (I) by striking ``Governor of a 
                                State to petition the Administrator'' 
                                and inserting ``Administrator to review 
                                State determinations'';
                                    (II) by inserting ``or prescribed 
                                fires'' after ``exceptional events'';
                                    (III) by striking ``with respect to 
                                exceedances'' and inserting the 
                                following: ``with respect to--
                                    ``(I) exceedances'';
                                    (IV) in subclause (I) (as so 
                                designated), by striking the period at 
                                the end and inserting ``; or''; and
                                    (V) by adding at the end the 
                                following:
                                    ``(II) 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
            (5) 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 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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