Senate Passes Bill Exempting Prescribed Burns from Air Regs
The U.S. Senate has passed legislation allowing states to undertake prescribed burns as exempted from counting towards Clean Air Act compliance. Prescribed burns are the practice of intentionally setting fires under specific weather conditions to prevent larger, uncontrolled fires (POLITICO Pro, subscription).
What’s going on: Last Tuesday, “Senators passed the Wildfire Emissions Prevention Act, from Sens. John Curtis (R-Utah) and Jeff Merkley (D-Ore.) by unanimous consent. The bill defines prescribed burns as an ‘exceptional event’ that can be excluded from a state’s air quality data.”
- Under the Clean Air Act, which the measure amends, states must meet particulate matter requirements, and prescribed or “controlled” burns have the potential to increase emissions.
Why it’s important: “States that proactively use prescribed burns can face regulatory consequences for the temporary emissions created by the very work that prevents far greater emissions,” Curtis said on Tuesday. “Our bill provides states greater certainty.”
- Curtis called the legislation “one of the most effective ways” to prevent ruinous and potentially deadly wildfires (Roll Call).
Bipartisan consensus: Negotiations over the summer brought the act to a point of agreement by both Republicans and Democrats.
- Including parts of Merkley’s Smoke and Heat Ready Communities Act, “which creates smoke preparedness grants for communities,” in the final measure reportedly helped gain Democratic support.
Our view: “The Wildfire Emissions Prevention Act provides commonsense amendments to the Clean Air Act that will streamline permitting and provide regulatory relief to states and manufacturers all while helping prevent unnecessary loss of life, property and productivity from catastrophic wildfires,” said NAM Vice President of Domestic Policy Chris Phalen.
