# ([nngrenn llf

**tip~ lltnite~**  **~hden** 

### 1Jlhtu1Finghut, IDC!r 20515

The Honorable Gina McCarthy Administrator June 10, 

### z014

United States Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D.C. 20460 DearAdministrator McCarthy: We are writing to request emergency consideration and issuance ofa clarification by the Environmental ProtectionAgency (EPA) to the interpretation ofthe "exceptionalevents" provision ofthe Clean Air Act (42 USC§ 7619) to include the current drought in California. California GovernorJerry Brown declared a State ofEmergency on January 17, 2014, due to extreme droughtconditions in the state, and the U.S. DepartmentofAgriculture has designated every county in California as drought disaster areas. These declarations are based on record-low precipitation in the 2013 water year and the n01thern California snowpack being at only 20 percent ofaverage for that time ofyear. Specifically in the San Joaquin Valley, 2013 represented the driest year sincethe start ofrecord keeping in 1895 and these drought conditions are continuing into 2014. In otherwords, the Valley is experiencing a level ofdrought not seen in
.at least II9years. A direct result ofthe ongoing drought and the associated weather conditions is thatthe Central Valley will not be able to demonstrate attainment for the 1997 PM2.5 Standard until at least 2016 as a direct result ofdrought-related airquality exceedences in Novemberand Decemberof2013. This is particularly troubling because the SanJoaquin Valley Air Pollution Control District (APCD) has informed us that except for these drought-related exceedences, the Central Valley was on track to demonstrate attainment by the endof2014. Thus, our constituents will be required to acquire more emission otfsets, driving up infrastructure and other project costs, or

**potenti~lly** face the loss offederal transpot1ation funds for critical highway projects in the Valley, as a direct result ofthese unforeseen and uncontrollable drought-related air quality impacts. · Let us be clear- we supp011 eiTorts to clean up the air in the Central Valley. lt is impor1ant to note the most recent APCD annual report shows that good quality air days torthe 1997 PM2.5 Standard have steadily increased since 2002, PM2.5 concentrations have significantly dropped since 2002, and days overthis standard are also down from a high in 2005. This is because ofthe efforts ofour families, farmers, and businesses to clean up the airwe breathe. Furthermore, APCDofficials inform us that the Central Valley must still work toward compliance with two newerPM2.5 standards, and the California Air Resources Board has promulgated or is proposingregulations that mandate the replacement ofold, pollution-emitting heavy and light duty vehicles and equipment with newer, cleanermodels. Therefore, should EPA declare the ongoing drought an exceptional event, our constituents still face an extremely demandingregulatory environment that will challenge the regions ability to meet its compliance requirements.We believe it would be wrong to penalizeour constituents by failing to declare the ongoing drought in Californiaan exceptional event under the Clean Air Act because Mother Nature has not blessedour state with rain or snow. We also believe penalizing them for this reason is contrary**t~** the intent ofthe Clean AirAct, which specifically allows the exclusion of exceptional events when determining National Ambient Air Quality Standards attainment. While we understand that the "exceptional events" provision ofthe Clean Air Act does not exclude data obtained from one single meteorological event involving stagnation or lack of precipitation, we believe the current drought emergency in California represents a multitude of events over a significant duration that would qualify under most interpretations as exceptional. Therefore, we urge you to considera broader interpretation ofthe Clean Air Act exceptional events provisions that would helpresidents ofthe California Central Valley and across our state reach attainment ofthe 1997 PM2.5 airquality standards. Thank you for your attention to this important matter. We look forward to your response andworkingwith youto ensure our communities are not unfairly penalized and additionally impacted due to the current record-breaking drought in our state.

KEVIN McCARTHY House Majority Whip

DEVI U S Member ofCongress

CC: Ms. Janet McCabe Sincerely,

DAVID VALADAO MemberofCongress

Member ofCongress

Assistant Administrator for Air and Radiation U.S. Environmental Protection Agency