Fair Air Standards Act
- Sponsor
- Rep. Steil, Bryan [R-WI-1]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Apr 27, 2026
Bottom line
The bill shifts accountability for ozone nonattainment from states to the EPA when transboundary pollution is the primary cause, potentially easing regulatory burdens on affected states and industries but raising concerns about local pollution control efforts.
What it actually does
This bill amends the Clean Air Act to create a new pathway for states to have an ozone nonattainment area redesignated as an attainment area. This redesignation would occur if the state can demonstrate, and the Environmental Protection Agency (EPA) Administrator concurs, that the area would have met ozone air quality standards but for pollution emanating from outside the state's borders, including from foreign countries. The Administrator must make a decision within 180 days of a state's submission.
Proponents argue
Proponents argue that the bill provides much-needed fairness and regulatory relief to states that are unfairly penalized for ozone pollution originating from outside their control. They contend that it allows states to focus resources on local emissions they can actually influence, preventing economic harm to communities that are otherwise making good faith efforts to comply with federal air quality standards.
Opponents contend
Opponents contend that this bill could weaken the Clean Air Act by creating a loophole for states to avoid responsibility for local emissions, potentially leading to a decline in air quality and adverse public health outcomes. They argue that proving 'but for' causation for transboundary pollution is complex and could lead to protracted legal challenges, ultimately delaying effective pollution control.
The bill is very short and can be read quickly, but understanding its full implications requires familiarity with Clean Air Act regulations and transboundary pollution dynamics.
Section 2, amending Clean Air Act Section 107(d)(4)(A)
Redesignation of Ozone Nonattainment Areas Due to Transboundary Pollution
This provision establishes a new process for states to request that an area currently designated as an ozone nonattainment area be redesignated as an attainment area. To qualify, a state must demonstrate to the EPA Administrator's satisfaction that the area would have met national ambient air quality standards for ozone if not for ozone or its precursors (pollutants that form ozone) originating from outside the state's borders, including from other states or foreign countries. The Administrator must respond to such a request within 180 days.
Supporters argue
Supporters argue this provision addresses a fundamental inequity in the Clean Air Act, where states are held responsible for pollution they cannot control. They assert it will foster economic growth by removing unnecessary regulatory hurdles for businesses in areas that are otherwise compliant, and encourage a more targeted approach to pollution control.
Critics contend
Critics argue that this provision could undermine the Clean Air Act's effectiveness by allowing states to avoid implementing necessary local pollution controls. They contend that proving 'but for' causation is scientifically challenging and could lead to prolonged disputes, ultimately delaying progress on air quality improvement and potentially harming public health.
Tradeoffs
The provision navigates the tension between holding states accountable for air quality within their borders and acknowledging the reality of transboundary pollution. It seeks to balance economic development and regulatory relief for states with the overarching goal of achieving and maintaining healthy air quality standards.