I 
119TH CONGRESS 
1ST SESSION H. R. 4218 
To amend the Clean Air Act to facilitate State implementation of national 
ambient air quality standards, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2025 
Mr. CARTER of Georgia (for himself, Mr. GRIFFITH, Mr. ALLEN, Mr. 
BALDERSON, Mr. LATTA, Mr. NEWHOUSE, and Mr. WEBER of Texas) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To amend the Clean Air Act to facilitate State implementa-
tion of national ambient air quality standards, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Air and Eco-
nomic Advancement Reform Act’’ or the ‘‘CLEAR Act’’. 
SEC. 2. FACILITATING STATE IMPLEMENTATION OF NA-
TIONAL AMBIENT AIR QUALITY STANDARDS. 
(a) TIMELINE FOR REVIEW OF NATIONAL AMBIENT 
AIR QUALITY STANDARDS.—Paragraphs (1) and (2)(B) 
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of section 109(d) of the Clean Air Act (42 U.S.C. 
7409(d)) are amended by striking ‘‘five-year intervals’’ 
each place it appears and inserting ‘‘10-year intervals’’. 
(b) CONSIDERATION
OF ATTAINABILITY.—Section 
109(b)(1) of the Clean Air Act (42 U.S.C. 7409(b)(1)) 
is amended by inserting after the first sentence the fol-
lowing: ‘‘If the Administrator, in consultation with the 
independent scientific review committee appointed under 
subsection (d), finds that a range of levels of air quality 
for an air pollutant are requisite to protect public health 
with an adequate margin of safety, as described in the 
preceding sentence, the Administrator may, as a sec-
ondary consideration in establishing and revising the na-
tional primary ambient air quality standard for such air 
pollutant, consider likely attainability of the standard.’’. 
(c) OPPORTUNITY FOR STATES TO CORRECT DEFI-
CIENCY PRIOR TO PROMULGATION OF FEDERAL IMPLE-
MENTATION PLAN.—Section 110(c)(1) of the Clean Air 
Act (42 U.S.C. 7410(c)(1)) is amended— 
(1) by striking ‘‘at any time’’; and 
(2) by adding at the end the following: ‘‘Before 
promulgating the Federal implementation plan, the 
Administrator shall give the State at least one year 
after such finding or disapproval to submit a plan or 
plan revision to correct the deficiency. If the State 
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submits a plan or plan revision to correct the defi-
ciency, the Administrator may, notwithstanding the 
2-year deadline under this paragraph to promulgate 
a Federal implementation plan, take up to 3 years 
after such finding or disapproval to promulgate a 
Federal implementation plan.’’. 
(d) CONTINGENCY MEASURES FOR EXTREME OZONE 
NONATTAINMENT AREAS.—Section 172(c)(9) of the Clean 
Air Act (42 U.S.C. 7502(c)(9)) is amended by adding at 
the end the following: ‘‘Notwithstanding the preceding 
sentences and any other provision of this Act, such meas-
ures shall not be required for any nonattainment area for 
ozone classified as an Extreme Area.’’. 
(e) PLAN SUBMISSIONS AND REQUIREMENTS FOR 
OZONE NONATTAINMENT AREAS.—Section 182 of the 
Clean Air Act (42 U.S.C. 7511a) is amended— 
(1) in subsection (b)(1)(A)(ii)(III), by inserting 
‘‘and economic feasibility’’ after ‘‘technological 
achievability’’; 
(2) in subsection (c)(2)(B)(ii), by inserting 
‘‘and economic feasibility’’ after ‘‘technological 
achievability’’; 
(3) in subsection (e), in the matter preceding 
paragraph (1)— 
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(A) by striking ‘‘The provisions of clause 
(ii) of subsection (c)(2)(B) (relating to reduc-
tions of less than 3 percent), the provisions of 
paragaphs’’ and inserting ‘‘The provisions of 
paragraphs’’; and 
(B) by striking ‘‘, and the provisions of 
clause (ii) of subsection (b)(1)(A) (relating to 
reductions of less than 15 percent)’’; and 
(4) in paragraph (5) of subsection (e), by strik-
ing ‘‘, if the State demonstrates to the satisfaction 
of the Administrator that—’’ and all that follows 
through the end of the paragraph and inserting a 
period. 
(f) PLAN REVISIONS FOR MILESTONES FOR PARTIC-
ULATE
MATTER
NONATTAINMENT
AREAS.—Section 
189(c)(1) of the Clean Air Act (42 U.S.C. 7513a(c)(1)) 
is amended by inserting ‘‘, which take into account techno-
logical achievability and economic feasibility,’’ before ‘‘and 
which demonstrate reasonable further progress’’. 
SEC. 3. EMISSIONS BEYOND CONTROL. 
(a) EXCEPTIONAL EVENTS.—Section 319(b) of the 
Clean Air Act (42 U.S.C. 7619(b)) is amended— 
(1) in the subsection heading, by inserting ‘‘OR 
ACTIONS
TO
MITIGATE
WILDFIRE
RISK’’ after 
‘‘EVENTS’’; 
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(2) in paragraph (1)— 
(A) in the paragraph heading, by striking 
‘‘DEFINITION OF EXCEPTIONAL EVENT’’ and in-
serting ‘‘DEFINITIONS’’; 
(B) in subparagraph (A), by redesignating 
clauses (i) through (iv), as subclauses (I) 
through (IV), respectively; 
(C) by striking ‘‘(A)’’ and all that follows 
through ‘‘an event that—’’ and inserting the 
following: 
‘‘(A) EXCEPTIONAL EVENT.— 
‘‘(i) IN GENERAL.—The term ‘excep-
tional event’ means an event that—’’; 
(D) by amending subclause (III) of sub-
paragraph (A)(i), as redesignated, to read as 
follows: 
‘‘(III) is an event that is— 
‘‘(aa) a natural event; 
‘‘(bb) caused by a human 
activity that is intended to mirror 
the occurrence or reoccurrence of 
a natural event; or 
‘‘(cc) caused by a human ac-
tivity that is unlikely to recur; 
and’’; 
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(E) by striking subparagraph (B) and in-
serting the following: 
‘‘(ii) 
EXCLUSIONS.—In 
this 
sub-
section, the term ‘exceptional event’ does 
not include— 
‘‘(I) ordinarily occurring stagna-
tion of air masses; 
‘‘(II) meteorological inversions; 
or 
‘‘(III) air pollution relating to 
source noncompliance.’’; and 
(F) by adding at the end the following: 
‘‘(B) ACTION
TO
MITIGATE
WILDFIRE 
RISK.—The term ‘action to mitigate wildfire 
risk’ means a prescribed fire or similar meas-
ure, undertaken in accordance with State ap-
proved practices, to reduce the risk and severity 
of wildfires.’’; 
(3) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘March 1, 2006’’ and 
inserting ‘‘18 months after the date of en-
actment of the CLEAR Act’’; 
(ii) by inserting ‘‘revisions to’’ before 
‘‘regulations’’; and 
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(iii) by adding ‘‘or actions to mitigate 
wildfire risk’’ before the period at the end; 
(B) in subparagraph (B)— 
(i) by inserting ‘‘or action to mitigate 
wildfire risk’’ after ‘‘an exceptional event’’; 
and 
(ii) by striking ‘‘paragraph (3)’’ and 
inserting ‘‘this section’’; and 
(C) by adding at the end the following: 
‘‘(C) REGIONAL
ANALYSIS.—When more 
than one State notifies the Administrator of its 
intent to submit a petition for an exceptional 
event or an action to mitigate wildfire risk for 
the same air quality event, the Administrator 
shall conduct regional modeling and analysis, 
upon request by one or more States, to satisfy 
the analysis required for an exceptional event or 
an action to mitigate wildfire risk petition for 
such air quality event. 
‘‘(D) TRANSPARENCY.—Not later than 12 
months after the date of enactment of the 
CLEAR Act, the Administrator shall establish 
and update monthly a public website describing 
the status of all submitted petitions for excep-
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tional events and actions to mitigate wildfire 
risk.’’; 
(4) in paragraph (3)(A)— 
(A) by redesignating clauses (ii) through 
(v) as clauses (iii) through (vi), respectively; 
and 
(B) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) the principle that actions to miti-
gate wildfire risk can play an important 
role in reducing the magnitude and fre-
quency of wildfires;’’; 
(5) in paragraph (3)(B)— 
(A) in clause (i), by inserting ‘‘or action to 
mitigate wildfire risk’’ before ‘‘must be’’; 
(B) by amending clause (ii) to read as fol-
lows: 
‘‘(ii) a clear causal relationship must 
exist, or be reasonably expected to exist, 
between the measured exceedances of a na-
tional ambient air quality standard and the 
exceptional event or action to mitigate 
wildfire risk to demonstrate that the excep-
tional event or action to mitigate wildfire 
risk caused a specific air pollution con-
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centration at a particular air quality moni-
toring location;’’; and 
(C) by amending clause (iv) to read as fol-
lows: 
‘‘(iv) there are criteria and procedures 
for the Governor of a State to petition the 
Administrator to exclude air quality moni-
toring data that is directly due to excep-
tional events or actions to mitigate wildfire 
risk from use in determinations by the Ad-
ministrator with respect to— 
‘‘(I) area or source exceedances 
or violations of the national ambient 
air quality standards; 
‘‘(II) the designation, redesigna-
tion, classification, or reclassification 
of an area; 
‘‘(III) the demonstration by a 
State of attainment of a national am-
bient air quality standard; 
‘‘(IV) attainment determinations; 
‘‘(V) attainment date extensions; 
‘‘(VI) finding a State implemen-
tation plan to be inadequate; or 
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‘‘(VII) 
preconstruction 
dem-
onstrations under section 165(a)(3).’’; 
and 
(6) by striking paragraph (4). 
(b) APPLICABILITY
OF SANCTIONS
AND FEES
IF 
EMISSIONS BEYOND CONTROL.—The Clean Air Act (42 
U.S.C. 7401 et seq.) is amended by inserting after section 
179B the following new section: 
‘‘SEC. 179C. APPLICABILITY OF SANCTIONS AND FEES IF 
EMISSIONS BEYOND CONTROL. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, with respect to any nonattainment area 
that is classified under section 181 as a Severe Area or 
an Extreme Area for ozone or under section 188 as a Seri-
ous Area for particulate matter, no sanction or fee under 
section 179 or 185 shall apply with respect to a State (or 
an area or source therein) on the basis of a deficiency de-
scribed in section 179(a), or the failure to attain a na-
tional ambient air quality standard for ozone or particu-
late matter by the applicable attainment date, if the State 
demonstrates that the State would have avoided such defi-
ciency, or such standard would have been attained, but 
for one or more of the following: 
‘‘(1) Emissions emanating from outside the 
nonattainment area. 
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‘‘(2) Emissions from an exceptional event (as 
defined in section 319(b)(1)). 
‘‘(3) Emissions from mobile sources to the ex-
tent the State demonstrates that— 
‘‘(A) such emissions are beyond the control 
of the State to reduce or eliminate; and 
‘‘(B) the State is fully implementing such 
measures as are within the authority of the 
State to control emissions from the mobile 
sources. 
‘‘(b) NO EFFECT ON UNDERLYING STANDARDS.— 
The inapplicability of sanctions or fees with respect to a 
State (or an area or source therein) pursuant to sub-
section (a) does not affect the obligation of a State, area, 
source, or other entity under other provisions of this Act 
to establish and implement measures to attain a national 
ambient air quality standard for ozone or particulate mat-
ter. 
‘‘(c) PERIODIC RENEWAL
OF DEMONSTRATION.— 
For subsection (a) to continue to apply with respect to 
a State (or an area or source therein), the State involved 
shall renew the demonstration required by subsection (a) 
at least once every 5 years.’’. 
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SEC. 4. CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE. 
(a) COMPOSITION OF INDEPENDENT SCIENTIFIC RE-
VIEW COMMITTEE.—Section 109(d)(2)(A) of the Clean 
Air Act (42 U.S.C. 7409(d)(2)(A)) is amended— 
(1) by striking ‘‘one person representing State 
air pollution control agencies’’ and inserting ‘‘three 
persons representing State air pollution control 
agencies’’; and 
(2) by adding at the end the following: ‘‘The 
persons representing State air pollution control 
agencies shall be from geographically diverse areas 
with at least one person representing a State located 
in Region 1, 2, 3, or 5 of the Environmental Protec-
tion Agency, one person representing a State located 
in Region 4, 6, or 7 of the Environmental Protection 
Agency, and one person representing a State located 
in Region 8, 9, or 10 of the Environmental Protec-
tion Agency.’’. 
(b) CONSIDERATION OF ADVERSE PUBLIC HEALTH, 
WELFARE, SOCIAL, ECONOMIC, OR ENERGY EFFECTS.— 
Section 109(d)(2) of the Clean Air Act (42 U.S.C. 
7409(d)(2)) is amended by adding at the end the fol-
lowing: 
‘‘(D) Prior to establishing or revising a national am-
bient air quality standard, the Administrator shall re-
quest, and such committee, after receiving public com-
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ments, shall assess and provide advice under subpara-
graph (C)(iv) regarding any adverse public health, welfare, 
social, economic, or energy effects which may result from 
various strategies for attainment and maintenance of such 
national ambient air quality standard.’’. 
Æ 
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