S. 3044

119 S3044 IS: Wildfire Emissions Prevention Act of 2025
 U.S. Senate
 2025-10-23
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 3044
  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.
1.
Short title
This Act may be cited as the   Wildfire Emissions Prevention Act of 2025  .
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.