Sen. Flake Leads Listening Session With EPA, Arizona Stakeholders on Revised Exceptional Events Draft Rule

Press Release

United States Sen. Jeff Flake (R-AZ) today organized and participated in a listening session with the Environmental Protection Agency (EPA) and key Arizona stakeholders on the forthcoming content of the EPA's draft rule on the process by which "exceptional events" related to air quality standards are submitted to the EPA for review.

Background: Under the Clean Air Act (CAA), the EPA sets standards for air quality pollutants, including particulate matter, or dust. Air quality data, collected from a network of monitors, showing that standards have been exceeded can trigger a set of burdensome regulations that can ultimately lead to federally enforceable pollution control requirements.

In states like Arizona, exceedances caused by naturally occurring "exceptional events" -- such as dust storms -- are only exempted from air quality data through a complex EPA process that is unpredictable, long and expensive.

In 2011 and 2012, the EPA approved 18 exceptional-event demonstrations submitted by Arizona. Combined, the Arizona Department of Environmental Quality, Maricopa County Air Quality Department and Maricopa Association of Governments were forced to spend a total of $675,000 and 790 staff hours to prove to EPA's satisfaction that a naturally occurring event caused each exceedance.

Over the past several years, the EPA issued a series of guidance documents to offer more clarity on the exceptional-events rule. Today's listening session is the latest in a series of stakeholder efforts led by Sen. Flake to inform the EPA on the effects of the Exceptional Events Rule on Arizona.

In addition, Sen. Flake is working to reintroduce the Commonsense Legislative Exceptional Events Reform (CLEER) Act, a bill he previously introduced in the House of Representatives, which would require the EPA to revise and reform the exceptional-events rule. With the EPA now agreeing to do just that, Sen. Flake has pledged to continue to work closely with Arizona stakeholders to advocate for the implementation of a streamlined, cost-efficient and regionally tailored review process.

In March 2012, the EPA announced that it would formally revise the exceptional-events rule. Today's Arizona-only listening session -- the only such session the EPA has offered to a specific state -- offers one of the final opportunities for stakeholders to influence the content of EPA's draft rule on exceptional events.

"Even the EPA admits that this process is broken, but a feasible solution couldn't be found without the input of those participating in today's call," said Flake. "Those of us on the call stressed that because the rule regarding exceptional events was intended by Congress to ease the regulatory burdens faced by states affected by uncontrollable, naturally occurring events, the EPA's revised rule ought to uphold that intent. I will continue to work with Arizona's stakeholders and the EPA to help make sure the final draft rule is reflective of this."

Among the diverse group of participants were the Arizona Cattlemen's Association, Arizona Department of Environment Quality, Arizona Public Service, Salt River Project, Arizona Chamber of Commerce and Industry, Arizona Farm Bureau Federation, Arizona Mining Association, Tucson Metro Chamber, Nature Conservancy, Southwest Gas, Arizona Department of Agriculture, Maricopa Association of Governments and Southern Arizona Home Builders Association.

Source