CLEAR Act

Bill Number

H.R. 4218

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2026-01-21: Ordered to be Reported by the Yeas and Nays: 27 - 23.

Last Updated

2026-05-01T21:26:23Z

AI-Generated Summary

Summary of H.R. 4218: Clean Air and Economic Advancement Reform Act (CLEAR Act)

Purpose

The legislation aims to amend the Clean Air Act to make it easier for states to meet national ambient air quality standards (NAAQS), which set limits on pollutants like ozone and particulate matter to protect public health. It emphasizes flexibility for states, consideration of economic and practical factors in implementation, and relief from certain penalties when emissions are hard to control, such as from wildfires or out-of-state sources.

Key Provisions

• Extended Review Timeline for NAAQS: Changes the required review of air quality standards from every five years to every 10 years.
• Attainability in Standard-Setting: Allows the Environmental Protection Agency (EPA) Administrator, after consulting an independent scientific committee, to consider how realistically achievable a standard is as a secondary factor when setting or updating NAAQS.
• State Correction Period Before Federal Plans: Gives states at least one year to submit or revise their state implementation plans (SIPs) to fix deficiencies after an EPA finding or disapproval. If a state submits a plan, the EPA has up to three years to issue a federal implementation plan (FIP) instead of the usual two.
• Exemptions for Extreme Ozone Areas: Removes the requirement for contingency measures (backup pollution reduction steps) in areas classified as "Extreme" for ozone nonattainment.
• Economic Feasibility in Ozone and Particulate Matter Plans: Adds "economic feasibility" alongside "technological achievability" as factors for certain emission control requirements in ozone nonattainment areas. Simplifies some submission rules and removes specific percentage reduction mandates for marginal and moderate areas.
• Milestones for Particulate Matter Areas: Requires progress milestones in serious particulate matter nonattainment areas to account for technological achievability and economic feasibility.
• Expanded "Exceptional Events" Rules: Broadens the definition of exceptional events (uncontrollable pollution spikes) to include actions like prescribed fires to reduce wildfire risks, if they follow state-approved practices. Excludes routine weather events or pollution from rule violations. Adds requirements for EPA to conduct regional modeling for multi-state events, upon request, and to create a public website tracking petition statuses. Updates guidance within 18 months of enactment.
• Waiver of Sanctions and Fees for Uncontrollable Emissions: Introduces a new section (179C) that exempts severe or extreme ozone areas, and serious particulate matter areas, from EPA sanctions or fees if a state shows nonattainment is due to emissions from outside the area, exceptional events, or uncontrollable mobile sources (like vehicles), provided the state is implementing available controls. Demonstrations must be renewed every five years. This does not relieve ongoing obligations to improve air quality.
• Changes to Scientific Advisory Committee: Increases state representatives on the Clean Air Scientific Advisory Committee (CASAC) from one to three, ensuring geographic diversity across EPA regions. Requires the committee to assess potential adverse effects (health, welfare, social, economic, or energy) of strategies to meet NAAQS, based on public comments.

Significant Changes to Existing Law

• Slower Pace of Standards Review: Doubles the interval for NAAQS reviews, potentially delaying updates to reflect new science.
• Shift Toward Practicality and Economics: Introduces attainability and economic feasibility as explicit considerations, which were not previously required in standard-setting or certain planning rules. Removes or simplifies rigid emission reduction targets and contingency requirements for some areas.
• Broader Relief from Penalties: Expands exceptional events to cover proactive wildfire mitigation, adds multi-state coordination, and creates a new exemption mechanism for sanctions in high-pollution classifications, focusing on factors beyond state control. Previously, such relief was narrower and more focused on natural events.
• Enhanced State Input in Science Advice: Boosts state agency representation on CASAC and mandates broader impact assessments, moving beyond purely scientific reviews.

Potential Impacts

• On Government Agencies: The EPA may face reduced urgency in updating standards and more time to review state plans, potentially easing administrative burdens but increasing workload for regional analyses and public tracking of petitions. States gain more autonomy and time to develop plans, reducing federal overrides via FIPs.
• On Citizens: Could lead to slower improvements in air quality in some areas due to extended timelines and exemptions, potentially affecting health in nonattainment zones. However, it might lower economic costs from regulations, benefiting communities near industries or wildfire-prone regions.
• On International Relations: Minimal direct impact, though broader exceptional events rules could influence cross-border pollution disputes (e.g., with Canada or Mexico) by allowing exclusions for shared events like wildfires.
• Overall: Promotes a balance between environmental protection and economic practicality, possibly reducing regulatory costs for businesses while maintaining core air quality goals.

Main Stakeholders Affected

• States and Local Governments: Primary beneficiaries through more flexibility, time, and input in planning and advisory processes; especially those in rural, industrial, or wildfire-vulnerable areas.
• Environmental Protection Agency (EPA): Must adapt processes for longer timelines, new analyses, and petition tracking, with less authority to impose immediate federal plans.
• Industries and Businesses: Gains from economic feasibility considerations and sanction waivers, potentially lowering compliance costs in energy, manufacturing, and agriculture sectors.
• Citizens and Public Health Advocates: May experience varied air quality outcomes; those in polluted urban areas could see delayed protections, while rural residents benefit from wildfire management.
• Environmental and Scientific Groups: Could oppose expansions of exemptions, arguing they weaken health safeguards, but may support enhanced scientific assessments.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens state-federal balance under the Clean Air Act by prioritizing state-led solutions and limiting EPA sanctions, potentially reducing litigation over FIPs or attainability. The new waiver provision (Section 179C) could be challenged if seen as undermining statutory deadlines for air quality attainment, but it preserves underlying obligations to comply with NAAQS.
• Constitutional: Aligns with federalism principles by empowering states (10th Amendment) in environmental implementation, without altering core federal authority to set standards.
• Political: Positions as pro-state and pro-economy reform, likely appealing to lawmakers from industrial or agricultural districts, but may draw criticism from those prioritizing rapid pollution reductions. The bill's introduction by bipartisan sponsors (with a focus on Republican-led states) suggests potential for divided congressional support, emphasizing wildfire and economic issues amid climate debates.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Carter, Earl L. "Buddy" [R-GA-1]

Cosponsors (8)

Rep. Griffith, H. Morgan [R-VA-9], Rep. Allen, Rick W. [R-GA-12], Rep. Balderson, Troy [R-OH-12], Rep. Latta, Robert E. [R-OH-5], Rep. Newhouse, Dan [R-WA-4], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Pfluger, August [R-TX-11], Rep. Obernolte, Jay [R-CA-23]

Recent Actions

• 2026-01-21: Ordered to be Reported by the Yeas and Nays: 27 - 23.
• 2026-01-21: Committee Consideration and Mark-up Session Held
• 2025-12-10: Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 10.
• 2025-12-10: Subcommittee Consideration and Mark-up Session Held
• 2025-06-27: Referred to the Subcommittee on Environment.
• 2025-06-27: Referred to the House Committee on Energy and Commerce.
• 2025-06-27: Introduced in House
• 2025-06-27: Introduced in House

Bill Versions

• Clean Air and Economic Advancement Reform Act — issued 2025-06-27 — PDF (13 pages)