Seventy-five million people nationwide have been under air quality alerts, as days of smoke-filled skies sent soot levels soaring to more than ten times beyond what federal regulators consider safe for breathing.

But in federal air quality data, it will be as if those days never happened. That’s because a Big Oil–backed exemption in federal environmental law allows states to discount pollution from “exceptional events” beyond their control, including wildfires. And while environmental regulators are considering cracking down on soot and particle pollution, industry groups are opposing those reforms, too.

Under current rules, states like New York, where residents have been urged to remain indoors, won’t have their “hazardous” air quality index levels count against their compliance with the federal Clean Air Act — so emissions sources in the state, for example, won’t be required to reduce other discharges to help offset the smoke pollution.