#aaith ,,congress  #b;d ,session  ,h4   
,r4 #fdji  ,,an ,,act  ,to amend the    
,clean ,air ,act to clarify standards   
for emissions emanating from outside of 
the ,united ,states1 and for other      
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,foreign ,emissions 
and ,nonattainment ,clarification for   
,economic ,stability ,act or the        
,,fences ,act4  #b4 ,emissions beyond   
control  7a7 ,clarification of emissions
 covered ,section #agi;,b of the ,clean 
,air ,act 7#db ,u4,s4,c4 #geji;a7 is    
amended--  7#a7 by inserting 7regardless
 of whether such emissions result from  
human activity7 after but for emissions 
emanating from outside of the ,united   
,states each place it appears2 and  7#b7
 in subsection 7d71 by inserting        
7regardless of whether such emissions   
result from human activity7 after but   
for emissions emanating from outside the
 ,united ,states4  7b7 ,designations    
,section #agi;,b of the ,clean ,air ,act
 7#db ,u4,s4,c4 #geji;a7 is further     

amended by adding at the end the        
following3  7e7 ,designations           
,notwithstanding any other provision of 
law1 an area within a ,state may not be 
designated as a nonattainment area with 
respect to any new or revised primary or
 secondary national ambient air quality 
standard for a pollutant if such ,state 
establishes to the satisfaction of the  
,administrator that such area would be  
in attainment with such national ambient
 air quality standard for such pollutant
 but for emissions emanating from       
outside of the ,united ,states          
7regardless of whether such emissions   
result from human activity74  4  7c7    
,applicability of sanctions and fees if 
emissions beyond control ,the ,clean    
,air ,act 7#db ,u4,s4,c4 #gdja et seq47 
is amended by inserting after section   
#agi;,b the following new section3      
#agi;,c4 ,applicability of sanctions and
 fees if emissions beyond control  7a7  
,in general ,notwithstanding any other  
provision of this ,act1 with respect to 

any nonattainment area that is          
classified under section #aha as a      
,severe ,area or an ,extreme ,area for  
ozone or under section #ahh as a        
,serious ,area for particulate matter1  
no sanction or fee under section #agi or
 #ahe shall apply with respect to a     
,state 7or an area or source therein7 on
 the basis of a deficiency described in 
section #agi7;a71 or the failure to     
attain a national ambient air quality   
standard for ozone or particulate matter
 by the applicable attainment date1 if  
the ,state demonstrates that the ,state 
would have avoided such deficiency1 or  
such standard would have been attained1 
but for one or more of the following3   
7#a7 ,emissions emanating from outside  
the nonattainment area4  7#b7 ,emissions
 from an exceptional event 7as defined  
in section #cai7;b77#a774  7#c7         
,emissions from mobile sources to the   
extent the ,state demonstrates that--   
7,a7 such emissions are beyond the      
control of the ,state to reduce or      

eliminate2 and  7,b7 the ,state is fully
 implementing such measures as are      
within the authority of the ,state to   
control emissions from the mobile       
sources4  7b7 ,no effect on underlying  
standards ,the inapplicability of       
sanctions or fees with respect to a     
,state 7or an area or source therein7   
pursuant to subsection 7a7 does not     
affect the obligation of a ,state1 area1
 source1 or other entity under other    
provisions of this ,act to establish and
 implement measures to attain a national
 ambient air quality standard for ozone 
or particulate matter4  7c7 ,periodic   
renewal of demonstration ,for subsection
 7a7 to continue to apply with respect  
to a ,state 7or an area or source       
therein71 the ,state involved shall     
renew the demonstration required by     
subsection 7a7 at least once every #e   
years4  4  ,passed the ,house of        
,representatives ,april #af1            
#bjbf4;,clerk4