Fire Improvement and Reforming Exceptional Events Act

Floor Speech

BREAK IN TRANSCRIPT

Mr. TONKO. Mr. Speaker, I thank the gentleman from New Jersey for yielding.

Mr. Speaker, I completely understand that many State and local governments are dealing with severe air pollution related to wildfires, but as we approach Earth Day, it is important for us to recognize that efforts like the Clean Air Act should be continued to be implemented to the fullest and even enhanced where necessary.

I will be crystal clear: The Clean Air Act already allows States to submit data for air pollution caused by exceptional events, preventing these emissions from penalizing them when determining compliance with air quality standards. Now, exceptional events are events that are typically uncommon and not easily within the State's control.

Air pollution due to wildfires, including prescribed burns for wildfire mitigation, can definitely count as exceptional.

In 2019, EPA issued guidance addressing how prescribed fires can satisfy the statutory definition of ``exceptional events.'' In 2024, EPA issued a number of other tools to assist States in meeting the regulatory requirements.

Mr. Speaker, it is true that this guidance does require States to take steps to allow prescribed burns to qualify as an exceptional event, including making certain that appropriate mitigation and monitoring measures are taken to reduce risks to people in a given area.

If Members of the majority stop to think about this for a moment, they would appreciate the need for such guidance. Not every man-made fire should be able to qualify automatically as an exceptional event.

EPA's requirements ensure that States are doing everything possible to follow best practices and limit health risks from prescribed fires that cause unsafe air quality. Yet, despite the bill's name, eliminating these safeguards for prescribed burns isn't the only change to the Clean Air Act included in this order of legislative change.

The FIRE Act allows and greatly expands what could be considered an exceptional event in the first place, including meteorological conditions that are commonly occurring, such as high-temperature days and drought, which tend to have worse air quality. We know that these types of days are becoming more common due to climate change, meaning that this bill would make it much easier for States to essentially write off air pollution on days with increasingly normalized conditions. It is just a poor sense of timing for this bill to arrive on the scene.

Exceptional events should be limited to things that are truly exceptional. It is critical that during high-temperature and low- precipitation times, days that are more likely to experience poor air quality, we are still seeking to protect people.

Exempting prescribed fire activities from air quality standards, not to mention the other commonly occurring conditions that would be considered exceptional under this bill, simply does not protect public health.

This bill is seeking to legislate a quick fix that papers over legitimate pollution-reduction issues. Instead, we should build upon the existing law and EPA's efforts to bring together partners from the Federal, State, and local levels to work together to reduce wildfire risks, including addressing climate change, while also mitigating risks to public health.

Mr. Speaker, I urge Members to oppose this bill.

BREAK IN TRANSCRIPT

Source