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 ru le. The Maricopa Assoc iation of Governments
- known as MAG
- is a Counc il of Governments and serves as the designated Regional Air Quality Planning Agency for the Maricopa area. As such, MAG has been directly invo lved 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 thehealth of our citizens. This work include s documentation of Exceptional Events in our area. MAG is vitally interested in EPA's p ending rulemaking and any imp rovements that EPA may be able to 1nake concerning the Exceptional Events process. Whil e we are still reviewing the rule and the g uidance document for wildfires, our initial assessment is that EPA has made a bona fide effort to improve the methods by which Exception al Events are determined. Past Exceptio nal Event demonstrations hav e cost MAG, the state, and Maricopa Co unty considerable amounts of money and staff time . For the 2011 and 2012 demonstrations, the cost was $675,000 dollars. Clearly, we should str ive to reduce the burdens imposed by such demonstra tion s and ensure that federal, state and local interactions are conducted in the most effic ient manner po ss ibl e . Some revisions do appear to streamline the proces s for submittal and approval of future Ex ceptional Event demon strations. They seem to lessen the burden on states and entities like MAG that need to document 2such reque sts . In this regard, we appreciate EPA' s recognition of these very r eal 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 s ignificant discuss ion of su ch 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 As EPA knows, MAG has filed extensive comments in the past, including comments on EPA' s 20 11 draft guidance and the 2013 interim guidance.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 3

### 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 Arizo na'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 extens ion of th e public comment period.

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