Oral Statement of Lindy Bauer 

Maricopa Association of Governments 

Good afternoon, I am Lindy Bauer. I am here today to represent 

the Maricopa Association of Governments, for which I serve as the 

Environmental Director. I am here in relation to the Environmental 

Protection Agency's recently proposed Exceptional Events rule. 

The Maricopa Association of Governments - known as MAG - is 

a Council of Governments and serves as the designated Regional Air 

Quality Planning Agency for the Maricopa area. As such, MAG has 

been directly involved in air quality issues for the Phoenix urbanized 

area and the contiguous urbanized areas of Pinal County. 

The Maricopa area currently is in nonattainment for the 2008 

ozone standard, and in attainment for the PM-10 standard. MAG has 

worked closely with the state, local air agencies, and EPA's Region Nine 

office to improve the air quality in our area. Our goal is to better the 
health of our citizens. This work includes documentation of Exceptional 

Events in our area. 

MAG is vitally interested in EPA's pending rulemaking and any 

improvements that EPA may be able to 1nake concerning the 

Exceptional Events process. While we are still reviewing the rule and 

the guidance document for wildfires, our initial assessment is that EPA 

has made a bona fide effort to improve the methods by which 

Exceptional Events are determined. 

Past Exceptional Event demonstrations have cost MAG, the state, 

and Maricopa County considerable amounts of money and staff time. 

For the 2011 and 2012 demonstrations, the cost was $675,000 dollars. 

Clearly, we should strive to reduce the burdens imposed by such 

demonstrations and ensure that federal, state and local interactions are 

conducted in the most efficient manner possible. 

Some revisions do appear to streamline the process for submittal 

and approval of future Exceptional Event demonstrations. They seem to 

lessen the burden on states and entities like MAG that need to document 

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such requests. In this regard, we appreciate EPA' s recognition of these 

very real costs and expenditures of time. 

Other parts of the proposed rule address dust storms and high wind 

events that have constituted the bulk of Arizona's past Exceptional 

Event demonstrations. The proposed rule contains a significant 

discussion of such issues. MAG is reviewing EPA's proposed revisions 

in this area. As EPA knows, MAG has filed extensive comments in the 

past, including comments on EPA' s 2011 draft guidance and the 2013 

interim guidance. 

During a past listening session in Arizona, MAG articulated its 

priorities with regard to Exceptional Events. First, more deference 

needs to be given to States in the Exceptional Events process. We 

believe this consideration remains relevant and that EPA should rely on 

the expertise of State and local agencies when determining if 

Exceptional Events have occurred. 

Second - and consistent with what we see as an objective of the 

proposed rule - the process and documentation for Exceptional Events 

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should be streamlined. We advocated that EPA take prompt action with 

respect to Exceptional Event determinations. Resolution of pending 

determinations in a more efficient manner will benefit not only EPA, but 

also state and local agencies. 

Third, the Agency must remain aware of differences in regional 

climates and conditions. Through our history of interaction with EPA, 

we believe the Agency's understanding of Arizona's climate has 

improved. 

MAG is continuing to assess the proposed rule and its possible 

impact on our area. We greatly appreciate the EPA' s effort in scheduling 

this meeting today and receiving public comment. We stand ready to 

work with EPA and be a continuing resource for the Agency. 

Finally, we want to thank the Arizona Congressional Delegation. 

We particularly want to thank Senator Jeff Flake for his great work on 

this issue, including his request for an extension of the public comment 

period. 

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