S. 5045Senate119th Congress (2025-2027)Passed Senate

Wildfire Emissions Prevention Act of 2026

A bill to amend the Clean Air Act to modify the handling of air quality monitoring with respect to prescribed fires, and for other purposes.

Introduced July 21, 2026

AI-Generated Summary

Updated September 30, 2026 at 5:51 AM UTC

The Wildfire Emissions Prevention Act of 2026 amends the Clean Air Act to treat prescribed fires, including cultural burns, as "exceptional events" for air‑quality monitoring. It directs the EPA to revise regulations so states can more easily classify these fires and to set up a petition process for states to request such designations. The bill also creates a Smoke Ready Communities grant program to help schools and other buildings reduce wildfire smoke impacts.

Key Provisions

  • Adds a definition of “prescribed fire” (including tribal cultural burns) and expands the definition of “exceptional event” to cover such fires.
  • Requires the EPA Administrator to publish proposed regulatory revisions within 270 days and finalize them within 180 days, aiming to lower state reporting burdens and clarify prescribed‑fire eligibility.
  • Establishes a state‑petition process for exceptional‑event designation, with a one‑year decision deadline; if the EPA does not act, the petition is deemed approved unless later found not to be an exceptional event.
  • Mandates EPA collaboration with multiple states, tribes, and agencies for regional or international exceptional‑event analyses.
  • Creates the Smoke Ready Communities program, offering competitive EPA grants (up to 90% federal share, waiver possible for distressed communities) to states, tribes, and eligible entities for wildfire‑smoke mitigation in community buildings, with a cap that no more than 25% of annual grant funds go to any one state.

Legislative Activity

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8 earlier actions
HouseFloor Latest Action

Held at the desk.

October 5, 2026 • 4:54 PM

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SenateIntro Referral

Introduced in Senate

July 21, 2026

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

July 21, 2026

SenateCommittee

Committee on Environment and Public Works. Ordered to be reported without amendment favorably.

September 16, 2026

SenateCommittee

Committee on Environment and Public Works. Reported by Senator Capito without amendment. Without written report.

September 16, 2026

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 620.

September 16, 2026

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S5148-5150; text: CR S5149-5150)

September 29, 2026

SenateFloor

Message on Senate action sent to the House.

October 5, 2026

HouseFloor

Received in the House.

October 5, 2026 • 4:32 PM

HouseFloor

Held at the desk.

October 5, 2026 • 4:54 PM

Floor Debate

13 members

What members said about S. 5045 on the floor

5 Republicans7 Democrats1 Independent
Chris Van Hollen
Sen. Chris Van HollenD-MD · Sep 29, 2026

Mr. President, reserving the right to object, if the Senator from Kentucky wants to bring a bill to the floor to condemn the horrendous terror attacks perpetrated by Hamas on Israel of October 7, we…

Mark R. Warner
Sen. Mark R. WarnerD-VA · Sep 29, 2026

Mr. President, I have spent the last couple of years trying to learn as much as I can about artificial intelligence and its upside, and still long AI in terms of innovational brain. I think there are…

Tim Kaine
Sen. Tim KaineD-VA · Sep 29, 2026

Mr. President, I rise to speak on the human rights reporting resolution that will be before the body within about 90 minutes. I am a cosponsor of the bill. Because this resolution is a little bit…

Peter Welch
Sen. Peter WelchD-VT · Sep 29, 2026

Mr. President, I rise in support of this resolution. I want to thank my colleagues Senator Sanders and Senator Van Hollen. Thank you, Senator Van Hollen, for your leadership on this particular…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Sep 29, 2026

Mr. President, they say an ounce of prevention is worth a pound of cure, and that is certainly true when it comes to wildfires and smoke. And as climate chaos makes the fire season longer and hotter…

Show 8 more
Bernard Sanders
Sen. Bernard SandersI-VT · Sep 29, 2026

Mr. President, today the Senate will vote on an important resolution introduced by Senator Van Hollen--and I thank him for his work on this--introduced by myself and more than 20 of our colleagues.…

Margaret Wood Hassan
Sen. Margaret Wood HassanD-NH · Sep 29, 2026

Mr. President, President Trump, who has failed to lower people's costs, last week launched a nationwide television advertisement campaign promoting himself. On televisions across the country right…

Rand Paul
Sen. Rand PaulR-KY · Sep 29, 2026

Mr. President, it should not be controversial to say that Congress should know the circumstances of the deaths of our own citizens abroad in any country. It should be equally uncontroversial to say,…

Todd Young
Sen. Todd YoungR-IN · Sep 29, 2026

Mr. President, 86 percent--86 percent. I am here today to reiterate my support for the Stop Insider Trading Act and urge my colleagues to support this important bill. Recent polling suggests that 86…

John R. Curtis
Sen. John R. CurtisR-UT · Sep 29, 2026

Mr. President, I, too, would like to give my colleagues a shout-out. Senator Padilla and Senator Merkley, thank you for being down here on the floor with me for this first UC of my Senate career.…

Alex Padilla
Sen. Alex PadillaD-CA · Sep 29, 2026

Mr. President, colleagues, I am proud to join our colleagues from Utah and Oregon in bringing up this bill. I can't overstate both the importance and the urgency of the Wildfire Emissions Prevention…

Cynthia M. Lummis
Sen. Cynthia M. LummisR-WY · Sep 29, 2026

Mr. President, reserving the right to object, the message at the heart of these PSAs is a simple one: American values are worth defending against the failed ideologies of communism and socialism. If…

Steve Daines
Sen. Steve DainesR-MT · Sep 29, 2026

Mr. President, I am here to address the resolution put forward by Senator Van Hollen. This is a misguided resolution. The Democrats are trying to distort reality for political gain. Make no mistake,…

Bill Text

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Engrossed in SenateIssued September 29, 2026

119th CONGRESS

2d Session

S. 5045

AN ACT

To amend the Clean Air Act to modify the handling of air quality monitoring with respect to prescribed fires, and for other purposes.

1.

Short title

This Act may be cited as the Wildfire Emissions Prevention Act of 2026.

2.

Air quality monitoring data influenced by exceptional events

(a)

In general

Section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (B)—

(i)

in the matter preceding clause (i), by striking In this subsection, the and inserting The; and

(ii)

by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;

(B)

by redesignating subparagraph (B) as clause (ii) and indenting appropriately;

(C)

by striking the paragraph designation and heading and all that follows through exceptional event. at the end of subparagraph (A)(iv) and inserting the following:

(1)

Definitions

In this subsection:

(A)

Exceptional event

(i)

In general

The term exceptional event means an event—

(I)
(aa)

that—

(AA)

affects air quality;

(BB)

is not reasonably controllable or preventable; and

(CC)

is an event caused by human activity that is unlikely to recur at a particular location or a natural event; or

(bb)

that is a prescribed fire; and

(II)

that is—

(aa)

determined by the Administrator, through the process established in the regulations revised under paragraph (2)(B), to be an exceptional event; or

(bb)

deemed to be an exceptional event pursuant to a State petition deemed to be approved pursuant to paragraph (3)(B)(v).

; and

(D)

by adding at the end the following:

(B)

Prescribed fire

(i)

In general

The term prescribed fire means a fire deliberately ignited in accordance with applicable law (including regulations) to burn wildland fuels in a natural or modified state under specified environmental conditions that are intended to allow the fire to be confined to a predetermined area and produce the fireline intensity and rate of spread required to attain planned resource management objectives.

(ii)

Inclusion

The term prescribed fire includes cultural burning activities, as determined by an Indian tribe.

;

(2)

in paragraph (2), by striking subparagraph (B) and inserting the following:

(B)

Revision of regulations

(i)

Proposed revisions

Not later than 270 days after the date of enactment of the Wildfire Emissions Prevention Act of 2026, the Administrator, after consultation with Federal land managers, State air pollution control agencies, State foresters, State fish and wildlife agencies, and Indian tribes, shall publish in the Federal Register any necessary revisions to existing regulations promulgated under this section—

(I)

to reduce the burden and cost for States to demonstrate an exceptional event;

(II)

to clarify the eligibility of prescribed fires as exceptional events pursuant to the definition in paragraph (1)(A); and

(III)

to establish the procedure for the review of State petitions described in paragraph (3)(B)(iv).

(ii)

Final revisions

Not later than 180 days after the date on which the Administrator publishes proposed revisions to regulations promulgated under this section under clause (i), and after providing an opportunity for interested persons to make oral presentations of views, data, and arguments regarding the proposed revisions, the Administrator shall finalize those revisions to govern air quality monitoring data influenced by exceptional events that are consistent with paragraph (3).

;

(3)

in paragraph (3)—

(A)

in subparagraph (A)—

(i)

by redesignating clauses (ii) through (v) as clauses (iii) through (vi), respectively;

(ii)

by inserting after clause (i) the following:

(ii)

the principle that prescribed fire can play an important role in reducing the magnitude and frequency of wildfires;

; and

(iii)

in clause (iv) (as so redesignated), by striking manner, an appropriate and inserting manner in an appropriate; and

(B)

in subparagraph (B)—

(i)

in clause (ii), by inserting or, for prescribed fire, be reasonably expected to exist, after must exist;

(ii)

in clause (iii), by striking and at the end;

(iii)

in clause (iv)—

(I)

by striking with respect to exceedances and inserting the following: “with respect to—

(I)

exceedances

;

(II)

in subclause (I) (as so designated), by striking the period at the end and inserting ; and; and

(III)

by adding at the end the following:

(II)

the designation, redesignation, classification, or reclassification of an area, the determination of attainment of a national ambient air quality standard, or other determinations by the Administrator for determining compliance with this Act; and

; and

(iv)

by adding at the end the following:

(v)
(I)

a State petition described in clause (iv) be approved, disapproved, or approved-in-part and disapproved-in-part by the Administrator by the date that is 1 year after the date on which the petition is submitted; and

(II)

if the Administrator does not act on a State petition described in clause (iv) by that date, the State petition be deemed approved unless the Administrator, through the process established in the regulations revised under paragraph (2)(B), subsequently determines that the event is not an exceptional event.

; and

(4)

by striking paragraph (4) and inserting the following:

(4)

Regional, national, or international exceptional events

At the request of multiple State or local government agencies or Tribal authorities, the Administrator shall conduct analyses or otherwise collaborate with such agencies or authorities to lead the development of regional, national, or international exceptional event demonstrations when exceptional events impact multijurisdictional areas.

.

(b)

Savings provision

Nothing in this section or an amendment made by this section makes stationary source (as defined in section 51.491 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) emissions that did not qualify as an exceptional event (as defined in section 319(b)(1) of the Clean Air Act (42 U.S.C. 7619(b)(1))) on the day before the date of enactment of this Act an exceptional event under that section after that date of enactment.

3.

Smoke ready communities program

(a)

Establishment

Subject to the availability of appropriations, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator) may make competitive grants under section 103(b)(3) of the Clean Air Act (42 U.S.C. 7403(b)(3)) to eligible entities for the assessment, prevention, control, or abatement of wildfire smoke hazards in community buildings, including school buildings (as defined in section 11 of the Asbestos School Hazard Detection and Control Act of 1980 (20 U.S.C. 3610)), and related activities.

(b)

Eligible entities

The entities eligible for a grant under subsection (a) are—

(1)

States;

(2)

federally recognized Indian Tribes; and

(3)

any entities eligible for grants under section 103(b)(3) of the Clean Air Act (42 U.S.C. 7403(b)(3)).

(c)

Cost share

(1)

In general

Subject to paragraph (2), the Federal share of the cost of an activity carried out using a grant under subsection (a) shall be not more than 90 percent.

(2)

Waiver

The Administrator may waive the cost-share requirement under paragraph (1) if the facility that is the subject of the activity for which the grant is provided is in an economically distressed community.

(d)

Limitation

Of the amounts made available each fiscal year for grants under this section, not more than 25 percent may be awarded to recipients in any 1 State.

Passed the Senate September 29, 2026.

Secretary