Sen. Kelly and colleagues seek to exclude pollution from prescribed burns from the Clean Air Act

The Clean Air Act puts a strict cap on how much states are allowed to pollute. Arizona Sen. Mark Kelly introduced a bipartisan bill alongside five colleagues that would carve out an exception for pollution tied to prescribed burns.

The Wildfire Emissions Prevention Act would amend the Clean Air Act to include prescribed and cultural burning under a list of events that don’t count against a state’s pollution cap.

State and local fire departments use prescribed burns to clear dead vegetation and prevent fires from spreading out of control. Some Indigenous tribes also intentionally set small fires to prevent wildfires, promote ecosystem health and for ceremonial reasons.

Without proper permitting, states can be penalized for the pollution from both practices because the Clean Air Act protects against events which are “human-caused.”

The bill's sponsors believe adding controlled burning to the list of acceptable events will allow state air quality agencies and fire departments to make better use of their time and resources, as well as promote proactive fire management strategies.

In a statement Sen. Kelly said, “Arizona knows the damage catastrophic wildfires can do to our communities and forests. Prescribed burns are one of the best ways to reduce that risk before a fire gets out of control, and states shouldn’t be penalized for taking action.”