Overview
Title
To amend the Clean Air Act to provide for exclusion of air quality monitoring data that is directly due to a catastrophic or beneficial use wildfire from use in determinations with respect to exceedances or violations of the national ambient air quality standard for any air pollutant, and for other purposes.
ELI5 AI
H.R. 7193 is like saying, "When we check the air to see if it's healthy to breathe, we won't count the smoke from big fires as dirty air," but it doesn't clearly explain how they decide which fires to count or not.
Summary AI
H.R. 7193, titled the "Wildfire Air Quality Act," proposes changes to the Clean Air Act. It instructs the Environmental Protection Agency's Administrator to exclude air quality data caused specifically by wildfires when evaluating if air quality standards have been violated. This would happen when a wildfire significantly affects air quality. The bill also requires the Administrator to finalize a related rule within 90 days of the bill's enactment.
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AnalysisAI
Summary of the Bill
The proposed legislation, titled the “Wildfire Air Quality Act,” seeks to amend the Clean Air Act. Its primary goal is to allow the Environmental Protection Agency (EPA) to exclude air quality monitoring data influenced directly by wildfires when determining whether national air quality standards have been violated. The bill mandates the EPA to establish a rule detailing this exclusion process within 90 days of the Act’s enactment.
Significant Issues
A few critical issues arise from this bill. Firstly, the language used in the amendment lacks clarity, particularly regarding what constitutes a "catastrophic or beneficial use wildfire." This could lead to varying interpretations and inconsistent applications. Secondly, the bill does not outline specific criteria for determining what is considered a "significant impact" on air quality, potentially leading to subjective decision-making by the EPA Administrator. Moreover, the lack of a structured process for public and stakeholder engagement in the determination of wildfire impact might undermine the transparency and trust in the decision-making process. Lastly, the deadline for the EPA Administrator to publish a final rule within 90 days is tight and may result in rushed or incomplete policy development.
Impact on the General Public
For the general public, the bill could have mixed implications. On the one hand, allowing for exclusion of wildfire-related air quality data might prevent unfair penalties or sanctions in areas affected by uncontrollable natural events. On the other hand, excluding such data could potentially mask true air quality issues, delaying necessary interventions for improving air standards and protecting public health.
Impact on Specific Stakeholders
Local governments and industries in wildfire-prone areas might support this bill, as it could prevent them from facing penalties due to temporary poor air quality driven by natural events. However, environmental and public health organizations might view the bill's lack of clarity and potential for subjective decision-making as detrimental to the integrity of air quality monitoring and enforcement.
Residents in affected areas might see both protective and concerning aspects. While there is protection against penalties for air quality violations during wildfire events, there is also a potential risk that the exclusion of data could downplay the real-time health challenges posed by degraded air quality.
Overall, while the bill aims to address a practical concern regarding wildfire impacts on air quality data, its success may depend significantly on the clarity and fairness of the rules developed by the EPA and the level of public and stakeholder involvement in the process.
Issues
The amendment in Section 2 does not clearly define what qualifies as a 'catastrophic or beneficial use wildfire', leading to potential confusion and inconsistent application of the law when excluding air quality data.
The process for the Environmental Protection Agency Administrator's determination of significant impact on air quality due to wildfires, as stated in Section 2, lacks clear criteria and may introduce subjective decision-making, potentially affecting fair enforcement of air quality standards.
Section 2 raises concerns about public and stakeholder involvement, as the text does not specify a process to challenge or provide input on determinations of wildfires impacting air quality, which may undermine transparency and public trust.
The requirement in Section 2 for the EPA Administrator to publish a final rule within 90 days is potentially impractical given the complexity of rulemaking and need for adequate consultation, which may lead to rushed or inadequate policy implementation.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that the name of the legislation is the “Wildfire Air Quality Act.”
2. Air quality monitoring data excluded during a wildfire event Read Opens in new tab
Summary AI
The amendment to the Clean Air Act allows the Environmental Protection Agency (EPA) to exclude air quality monitoring data that is directly caused by a wildfire when assessing if air quality standards have been exceeded. The EPA is required to create a rule for this process within 90 days of the law being enacted.