EPA would revise rules for wildfire smoke and air-quality data

The EPA Administrator would have to revise the rules for deciding when unusual events affect air-quality data. The revisions would cover how states show that an exceptional event affected air-quality monitoring data, including whether prescribed fires qualify. The Administrator must consult federal land managers, state agencies, and tribes before proposing revisions. Interested people must have a chance to speak before the revisions are finalized. Proposed revisions would be due within 270 days after enactment, and final revisions within 180 days after the proposal.

A state petition would be approved by default if the Administrator misses a one-year decision deadline. This applies to state petitions about exceptional events that affect air-quality decisions under the Clean Air Act. The Administrator could later determine, through the revised review process, that the event was not exceptional. A petition may seek a finding for an air-quality exceedance or certain other decisions under the Clean Air Act. The one-year period starts when the state submits its petition.

The EPA Administrator could award competitive grants for work to address wildfire smoke in community buildings. States, federally recognized tribes, and other entities eligible for grants under the cited Clean Air Act program could apply for work in community buildings, including schools. Grants would depend on available funding. The federal share could cover up to 90 percent of costs, but the Administrator could waive the share for a facility in an economically distressed community. No more than 25 percent of the annual grant money could go to recipients in one state.

The EPA Administrator would have to work with multiple governments or tribes on exceptional-event analysis when asked. The collaboration could involve regional, national, or international exceptional-event demonstrations. The request must come from multiple state or local agencies or tribal authorities. The work concerns exceptional events affecting areas that cross jurisdictional boundaries.