## In The Matter Of:
Environmental Protection Agency's Proposed Revision
to the Exceptional Events Rule

Public Hearing

December 8, 2015

Griffin & Associates, LLC

2398 E. Camelback Road

Suite 260

Phoenix, AZ 85016

Original File EPA120815.txt 

### Min-U-Script® with Word IndexPublic Hearing - December 8, 2015

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ENVIRONMENTAL PROTECTION AGENCY'S

PROPOSED REVISION

TO THE EXCEPTIONAL EVENTS RULE

PUBLIC HEARING

December 8, 2015

Phoenix, Arizona

PANEL MEMBERS:

Ms. Colleen McKaughan, Chairwoman

Mr. Krishna Viswanathan

Mr. Lev Gabrilovich.Public Hearing - December 8, 2015

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1 CHAIRWOMAN MCKAUGHAN: Good morning,

2 everyone. We are going to get started, it's 10:00, and go

3 on the record.

4 My name is Colleen McKaughan and I'm the

5 chair of today's public hearing. Thank you for coming

6 today. Joining me on the panel -- I have two other panel

7 members. I will let them introduce themselves.

8 MR. VISWANATHAN: Krishna Viswanathan.

9 MR. LEV GABRILOVICH: Lev Gabrilovich.

10 CHAIRWOMAN MCKAUGHAN: They will be helping

11 me manage the hearing and hopefully clarifying questioning

12 during the testimony.

13 So we are here to listen to your comments on

14 the EPA's proposed revision to the Exceptional Events Rule

15 which governs the exclusion of air quality data from

16 regulatory decisions. These regulations are commonly

17 known as the Exceptional Events Rule.

18 Part of the EPA's mission is to preserve and

19 improve, when needed, the quality of our nation's ambient

20 air to protect human health and the environment.

21 As part of accomplishing this, the EPA

22 developed the National Ambient Air Quality Standards, or

23 NAAQS, for criteria pollutants and oversees the state

24 programs to improve air quality in areas where the current

25 air quality is unacceptable, and to prevent deteriorationPublic Hearing - December 8, 2015

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1 in areas where the air quality meets or exceeds the NAAQS.

2 The EPA then evaluates the status of the

3 ambient air as compared to these NAAQS by using data

4 collected in the national ambient air quality monitoring

5 network established under the authority of Section 319(A)

6 of the Clean Air Act.

7 Recognizing that it may not always be

8 appropriate for the EPA to use certain monitoring data

9 collected by the ambient air quality monitoring network

10 and maintained in the EPA's air quality system, or AQS, in

11 our regulatory determinations Congress provided a

12 statutory authority for the exclusion of data and specific

13 situations by adding Section 319(B) to the Clean Air Act

14 in 2005.

15 The EPA promulgated in 2007 the Exceptional

16 Events Rule on March 22, 2007, 72 FR 13560 to implement

17 this 2005 amendment of the Clean Air Act.

18 Soon after promulgating the 2007 Exceptional

19 Events Rule, both air agencies preparing exceptional

20 events demonstrations and the EPA offices reviewing these

21 submittals identified certain implementation challenges.

22 In 2010 the EPA began the multi-year process

23 of developing and issuing the May 2013 Interim Exceptional

24 Events Implementation Guidance.

25 Recognizing that guidance could not addressPublic Hearing - December 8, 2015

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1 all of the identified implementation challenges, at the

2 same time we issued the implementation guidance, the EPA

3 also announced our attempt to pursue a notice and comment

4 rulemaking effort to revise the 2007 Exceptional Events

5 Rule to address certain issues raised by stakeholders

6 since promulgation of the rule and to increase the

7 administrative efficiency of the Exceptional Events Rule

8 criteria and process.

9 On November 10, 2015, the U.S. Environmental

10 Protection Agency proposed revisions to the 2007

11 Exceptional Events Rule and announced the availability for

12 public comment of a draft guidance document which applied

13 to the proposed rule revisions to wildfire events that

14 could influence monitoring ozone concentrations.

15 So I'm going to talk about the proposed

16 revisions to the 2007 Exceptional Events Rule. The

17 proposed revisions to the Rule address issues raised by

18 stakeholders since promulgation of the Rule and are

19 intended to provide clarity and increase the

20 administrative efficiency of the Exceptional Events Rule

21 criteria and process.

22 Exceptional events include natural events

23 such as wildfires, high wind dust storms, stratospheric

24 ozone intrusions, and volcanic and seismic activities.

25 Highlights of the proposal will include morePublic Hearing - December 8, 2015

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1 clearly defining the scope of the Exceptional Events Rule

2 to apply only to certain types of regulatory actions,

3 revising the rule language to more closely align to the

4 Clean Air Act:

5 Relying on SIP controls to satisfy the not

6 reasonably controllable or preventable criterion, provided

7 the EPA has approved the SIP within the last five years;

8 clarifying the analyses, content, and organization for

9 exceptional events demonstrations; requiring initial

10 notification by the state to the EPA of a potential

11 exceptional event request; removing the specific deadlines

12 that apply in situations other than initial area

13 designations following promulgation of a new or revised

14 NAAQS; and clarifying fire related definitions and

15 demonstration components.

16 The EPA intends to finalize these rule

17 revisions before October 1, 2016, which is the date by

18 which states, and any tribes that wish to do so, are

19 required to submit their initial designation

20 recommendations for the 2015 National Ambient Air Quality

21 Standard for Ozone.

22 Today's public hearing offers the public an

23 opportunity to provide feedback and oral testimony on

24 EPA's proposed revisions to the Exceptional Events Rule.

25 If you would like more details on thePublic Hearing - December 8, 2015

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1 proposed rule, we have fact sheets available at the

2 registration desk outside.

3 And before we get started, a few

4 housekeeping items and ground rules to help today's

5 hearing run smoothly.

6 First, be sure you have checked in at the

7 registration desk even if you are not planning to speak

8 today. And if you signed up to speak but haven't told us

9 you are here, please step out to the registration desk and

10 help the EPA staff know that you have arrived.

11 I will call the speakers one at a time.

12 When your name is called, please come to the speaker's

13 podium at the front of the room. And the mic is on so we

14 should be able to clearly hear your testimony.

15 When I call on you to speak, please state

16 your name and spell it for the court reporter. Your

17 comments will be transcribed and included in the record of

18 comments on the proposed rule.

19 Each speaker will have five minutes to give

20 comments. Lev has a set of folders that indicate how much

21 time is left, so he will let you know when you are getting

22 close to the end of your allotted five minutes.

23 So when Lev holds up the yellow folder,

24 that's a signal that you have one minute. And when he

25 holds up the red folder, that's a signal that you havePublic Hearing - December 8, 2015

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1 completed your five minutes and it's time to stop.

2 So we are here to listen to you today.

3 However, we may ask clarifying questions if we need more

4 information on what your testimony means, and so you can

5 expect that sometimes we may ask you a question or two.

6 So once we have concluded any questions, I

7 will then call up the next speaker and so on until the end

8 of the people who have registered to speak.

9 We may have to take a break. If we have no

10 more speakers, we may take a break and then go back on the

11 record. It depends on who comes in today and what time

12 they show up to speak.

13 If you have brought a written copy of your

14 testimony, please give that to the staff at the

15 registration desk before you leave today. We will put any

16 written comments submitted today in the official docket

17 for the proposed rule.

18 If you want to comment in writing later,

19 stop by the materials table at the registration desk and

20 pick up a copy of the instructions for submitting written

21 comments. Comments must be received by January 19, 2016.

22 EPA gives just as much consideration to

23 comments we receive in writing as we do the comments we

24 receive at public hearings like this one.

25 So however you want to do it, whatever isPublic Hearing - December 8, 2015

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1 easiest for you, feel free to take advantage of both

2 opportunities if you want. You can speak and also submit

3 written comments if you choose.

4 So if you have more written comments that

5 you would like to provide us, please feel free to do so

6 and submit them by the comment period deadline.

7 We review all comments, both written and

8 oral, prior to making our final decision. EPA will

9 respond to all comments in our final rulemaking action.

10 If you have any questions during the day,

11 please see the staff at the registration desk or any one

12 of us and we will be glad to assist you and answer any

13 questions you may have.

14 And also, one other thing, the washrooms are

15 through the elevator lobby and to your left is. So if you

16 need to take advantage of that, that's where they are.

17 They also have washrooms on the bottom floor of the

18 building in the same location, through the elevator lobby

19 and to your left.

20 So thank you again for taking your time to

21 come. I know you are all busy and have other things to

22 do, but we are very excited to hear what you have to say.

23 This is actually my first opportunity to hear people's

24 view on the proposed rule, so it will be very interesting

25 to hear your comments.Public Hearing - December 8, 2015

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1 So I'm going to start calling up the

2 speakers one at a time. The first speaker is Ted

3 Steichen. I may be mispronouncing that but you can

4 correct me when you get up here.

5 MR. STEICHEN: Good morning. My name is Ted

6 Steichen. T-e-d, S-t-e-i-c-h-e-n.

7 Again, good morning. My name is Ted

8 Steichen and I'm a senior policy advisor with the American

9 Petroleum Institute, or API.

10 API is the only national trade association

11 that represents all aspects of the oil and natural gas

12 industry, which supports about 9.8 million jobs and

13 8 percent of the U.S. economy.

14 API's more than 625 members include large

15 integrated oil companies, as well as exploration and

16 production, refining, marketing, pipeline, and marine

17 businesses, and service and supply firms.

18 I'm here today to offer preliminary comments

19 on behalf of API on the proposed revisions to the

20 Exceptional Events Rule and on the draft guidance on the

21 Preparation of Exceptional Events Demonstrations For

22 Wildfire Events That May Influence Ozone Concentrations.

23 API expects to file more detailed comments on these

24 documents prior to the deadline.

25 I would like to express API's appreciationPublic Hearing - December 8, 2015

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1 that EPA has recognized the need for a program that

2 effectively excludes air quality data affected by

3 exceptional events when making regulatory determinations

4 and that the existing program as of now does not satisfy

5 that need.

6 As EPA seems to recognize, recent actions

7 making air quality standards more stringent have

8 heightened the need for a policy to address

9 non-anthropogenic sources of these emissions. The

10 exceptional events policy will address some of those

11 concerns.

12 In promulgating more stringent ozone acts,

13 this past October for example, EPA recognized in the

14 proposal that the events such as wildfires and

15 stratospheric intrusions may lead to exceedances in the

16 new 70 ppb air quality standard.

17 EPA said that events of these types could be

18 excluded and not result in non-attained designations

19 because "the state and EPA are implementing regulations

20 allowing for the exclusion of air quality monitoring data"

21 caused by such events.

22 At the same time, EPA recognizing the

23 inadequacy of the present regulation, does assure the

24 exclusion of such data from regulatory consideration;

25 thus, the agency stated it planned to revise thePublic Hearing - December 8, 2015

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1 Exceptional Events Rule to simplify and expedite the

2 process of states developing technical demonstrations and

3 for EPA to approve exclusions of these types of events.

4 The present proposal is intended to provide

5 the simplification and expedition. EPA applauds -- API

6 applauds EPA's efforts in this regard.

7 In particular, API supports EPA's proposal

8 to eliminate the requirement specified in the present rule

9 that says states demonstrate that there would have been no

10 exceedance but for the event.

11 Meeting this requirement has been a

12 substantial stumbling block for states seeking to have

13 data excluded from regulatory consideration. It seems to

14 require detailed quantitative analysis.

15 Yet, the EPA recognizes in many

16 circumstances it is obvious that an abnormally high

17 concentration is due to an exceptional event.

18 The weight of evidence approach to establish

19 the clear causal relationship required by the statute

20 seems more flexible and appropriate than a requirement for

21 a "but for" demonstration.

22 API also supports EPA's proposal to modify

23 the schedule for exceptional event demonstrations. In

24 particular, API agrees with EPA that it makes sense to

25 eliminate the requirement that states submit theirPublic Hearing - December 8, 2015

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1 exceptional event demonstrations within three calendar

2 years of an event occurring.

3 API also appreciates EPA's recognition that

4 there are concerns about the timeliness of the agency's

5 own review of exceptional events submittals.

6 The API is concerned, however, that the

7 agency is not proposing to codify any new regulatory

8 language to govern the timing of its review of exceptional

9 event demonstrations. A deadline for agency action would

10 provide greater certainty that submissions would not be

11 backlogged.

12 API is concerned that certain exceedances

13 that EPA may not deem an event may not be addressed. API

14 notes that EPA is not addressing events due to every day

15 biological processes or lightning.

16 Furthermore, the agency does not provide a

17 means for addressing international transport of either

18 routine natural emissions such as windblown dust or

19 overseas industrial activity. Appropriate treatment of

20 these emissions remains a concern to API.

21 Thank you for the opportunity. API intends

22 to submit more detailed comments on these and the issues

23 raised by the proposed rule and guidance prior to the

24 comment deadline.

25 CHAIRWOMAN MCKAUGHAN: Thank you. AnyPublic Hearing - December 8, 2015

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1 questions?

2 MR. VISWANATHAN: No.

3 MR. GABRILOVICH: No.

4 CHAIRWOMAN MCKAUGHAN: Thank you very much.

5 I would like to call Duane Yantorno.

6 MR. YANTORNO: My name is Duane Yantorno.

7 D-u-a-n-e, last name Y-a-n-t-o-r-n-o. I'm the corporate

8 manager for state and federal regulatory affairs for

9 ASARCO, L.L.C. I am also the chair of the Arizona Mining

10 Association Air Quality Subcommittee.

11 I am here today representing the Arizona

12 Mining Association Air Quality Subcommittee which

13 represents 23 active hard rock mining companies at 12

14 active hard rock mines in the state of Arizona.

15 I would like to thank EPA for the

16 opportunity to comment on today's propose rule, and thank

17 you for addressing some of the issues in this proposed

18 rule that the state has identified.

19 As you know, how EPA deals with their

20 quality data influenced by exceptional events is an

21 important issue to the arid Southwest, because many high

22 monitored levels are due to the exceptional events.

23 In Arizona, we have experienced how

24 windblown dust can affect monitored values. For example,

25 the nation has seen the haboobs that have engulfed ourPublic Hearing - December 8, 2015

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1 communities on the news each night.

2 Furthermore, the importance of streamlining

3 the Exceptional Events Rule is magnified because so much

4 of the ozone monitored in Arizona is due to exceptional

5 events.

6 Thus, the State will need to make frequent

7 use of this Rule and the draft guidance in Preparation of

8 the Exceptional Events Demonstration For Wildfire Events

9 That May Influence Ozone Concentrations.

10 This Rule and the related wildfire guidance

11 are extensive in nature; and in order to do their review

12 justice and provide EPA with meaningful comments, the

13 Arizona Mining Association is requesting an extension of

14 the comment period. Thank you very much.

15 CHAIRWOMAN MCKAUGHAN: Thank you very much.

16 Any questions?

17 MR. VISWANATHAN: No.

18 CHAIRWOMAN MCKAUGHAN: I would like to call

19 the next speaker, Mike Huckins.

20 MR. HUCKINS: Good morning. My name is Mike

21 Huckins. M-i-k-e, H-u-c-k-i-n-s. Good morning, Madam

22 Chair, members of the Panel.

23 Good morning. As I mentioned earlier, my

24 name is Mike Huckins and I'm the vice-president of public

25 affairs for the Greater Phoenix Chamber of Commerce. OurPublic Hearing - December 8, 2015

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1 Chamber represents about 2500 member businesses here in

2 the great Phoenix area.

3 I'm here today to voice support from our

4 Chamber for the majority of the proposed changes to the

5 Exceptional Events Rule.

6 As you know, Arizona is especially

7 susceptible to events such as dust storms and dry

8 conditions that cause wildfire and other conditions that

9 cause exceedance under the standards.

10 I would like to thank the EPA for taking

11 steps to allow for the excluding of the Exceptional Events

12 from various actions and note our support for the several

13 other changes that make the rule much clearer for the

14 regulated community.

15 As you know, many regulations have a direct

16 impact on businesses and we support the effort to remove

17 unnecessary requirements in the rule change being

18 discussed today.

19 As I mentioned earlier, I will keep my

20 comments brief, so, in closing, I would like to thank the

21 EPA for soliciting and hearing feedback regarding changes

22 to the Exceptional Events Rule and to encourage the EPA

23 teams working to reduce the expansive regulations and

24 continue working to make this rule change much clearer for

25 all those involved. Thank you.Public Hearing - December 8, 2015

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1 CHAIRWOMAN MCKAUGHAN: Thank you.

2 MR. VISWANATHAN: Thank you.

3 CHAIRWOMAN MCKAUGHAN: Any questions?

4 MR. VISWANATHAN: No.

5 CHAIRWOMAN MCKAUGHAN: Our next speaker is

6 Eric Massey, but I don't know if he's here yet. So maybe

7 we will go off the record until we find out our next

8 speaker and go back on.

9 (Discussion off the record.)

10 CHAIRWOMAN MCKAUGHAN: We are back on the

11 record. I would like to call Amanda Reeve.

12 MS. REEVE: My name is Amanda Reeve,

13 R-e-e-v-e, and I'm here speaking on my own behalf as well

14 as a member of the environment committee for the Arizona

15 Rock Products Association per the request of the president

16 of the association.

17 ARPA represents 43 producers of aggregate,

18 hot mixed asphalt, ready mixed concrete and cement. We

19 have 584 operations statewide.

20 Formerly, I served in the House of

21 Representatives from February 2010 to January 2013.

22 During my tenure in the legislature and as the chair of

23 the house environment committee, I was thoroughly

24 engrossed in working with the EPA, Arizona Department of

25 Environmental Quality, and other state and localPublic Hearing - December 8, 2015

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1 regulatory agencies on addressing Arizona's air quality

2 issues, most especially the functionality and efficiency

3 of the 2007 Exceptional Events Rule.

4 My involvement in working on Arizona's air

5 quality issues, including advocating for revisions to the

6 Exceptional Events Rule, has been continuous since 2010.

7 In fact, ARPA and I would like to thank

8 Senator Jeff Flake and his office for working with EPA

9 administrator Gina McCarthy in scheduling the November 30,

10 2013, listening session that provided Arizona stakeholders

11 the opportunity to speak directly with EPA's office of air

12 and radiation's acting assistant administrator Janet

13 McCabe and technical staff regarding our concerns with,

14 and suggestions for, the modifying of the Exceptional

15 Events Rule.

16 We would like to express our appreciation to

17 the EPA for this opportunity to comment on its proposed

18 rule revisions to the 2007 Exceptional Events Rule and its

19 draft guidance on the Preparation of Exceptional Events

20 Demonstrations For Wildfire Events That May Influence

21 Ozone Concentrations, choosing to host this very important

22 public hearing here in Arizona at the headquarters for the

23 Arizona Department of Environmental Quality, and for

24 working to address some of the issues identified by the

25 State of Arizona in developing this proposed rule andPublic Hearing - December 8, 2015

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1 guidance.

2 We greatly appreciate the EPA recognizing

3 the importance of streamlining the exceptional events

4 demonstration process and addressing the substantive

5 concerns in an effort to make the Exceptional Events Rule

6 more functional and practicable.

7 As such, we agree with the request put forth

8 by Senator Flake in his November 19, 2015, letter to

9 Administrator McCarthy.

10 Therefore, we formally and respectfully

11 request that a 30-day extension of the comment period be

12 granted to permit a more extensive review and assessment

13 of both the proposed rule and draft guidance.

14 These proposed revisions and draft guidance

15 are far too important to not be given the proper due

16 diligence so that substantive feedback and, if necessary,

17 additional suggestions may be provided to better inform

18 the final revisions of both. Thank you.

19 CHAIRWOMAN MCKAUGHAN: Thank you. I would

20 like to call next Craig Thomas.

21 MR. THOMAS: Good morning. My name is Craig

22 Thomas. C-r-a-i-g, T-h-o-m-a-s. I am representing a

23 conservation coalition from California called Sierra

24 Forest Legacy.

25 We represent 80 environmental organizationsPublic Hearing - December 8, 2015

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1 that are concerned mainly with federal forest policy and

2 issues that affect land management in the Sierra Nevada

3 Bioregion, roughly 12 million acres. We are in our 20th

4 year of existence in working on these issues.

5 Today we will submit substantive comments on

6 January 19th that will go deeper into some of the proposed

7 regulatory changes that we think are very positive related

8 to weighted evidence, data flagging, direct engagement

9 with federal land managers and reporting which we see are

10 very positive.

11 Today I'm mostly going to concentrate on

12 ecological issues of fire ecology and what's happening in

13 our state, in our region of California, and the West in

14 general.

15 Over the past few years, we have seen an

16 increasing number of alarming events on nightly newscasts

17 pertaining to extreme fire events that are becoming

18 increasingly more common.

19 While those experiences make an exciting

20 news cycle and garner a lot of attention, what is rarely

21 reported on, and what is far more important, is the actual

22 issue of 100 years of fire exclusion from these

23 environments.

24 So while today I'm going to focus on

25 challenges between managing the land with working with thePublic Hearing - December 8, 2015

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1 natural disturbance process, meaning fire and air quality

2 regulation -- and I will be the first to admit there are a

3 whole boatload, and I could talk for hours on the

4 challenges that aren't related to air quality regulation

5 in terms of getting enough fire acres committed in land

6 management -- but today we are going to talk about air

7 quality.

8 I appreciate this opportunity very much. I

9 have had many conversations with Beth Palma at the

10 headquarters office and really appreciate the openness and

11 ability to have that dialogue. It's very important.

12 But the main issue for us is the

13 increasingly uncontrollable amount of wildfires in the

14 West stemming from a century of fire exclusion and the

15 loss of fire's critical role in ecosystem resilience.

16 We are pleased to see such a robust

17 discussion of these issues in recent EPA air quality

18 ruling-making, proposed revisions and guidance letters.

19 We support much of the proposed

20 recommendations that focus on enabling fire's critical

21 role in establishing and maintaining ecosystem

22 sustainability and protecting public health and safety.

23 We have committed a lot of personal

24 resources in our coalition in working with the forest

25 service and air regulators, particularly the San JoaquinPublic Hearing - December 8, 2015

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1 Airborne, to go to the medical community to get the

2 notification of burns out directly through the conditioned

3 community to the patients that are air-quality challenged.

4 It's been noted as a fairly unique collaboration and we

5 tend to pursue that in much more detail in the future.

6 We believe the protection of public health

7 goes hand in hand with increased managed fire use, not at

8 the expense of it.

9 We base this statement on a clear

10 understanding that fire in its critical role in forested

11 ecosystems of California, and the fact that fire

12 suppression efforts are increasingly overwhelmed by fire

13 intensities in the 95th percentile or greater, are

14 presenting some alarming results. And I will refer to

15 that picture in the back on Page 4 in just a minute.

16 Right now we won't be commenting on the

17 workload issues. We think a lot of the proposals are

18 important, but what we will address are three things: The

19 not reasonably controllable, not reasonably preventable,

20 and human activity not likely to recur.

21 We think it's fundamental that the

22 collaboration between the air regulators and agency forest

23 service land managers continue into the future, because we

24 are seeing a lot of reporting out that it's very difficult

25 to get enough -- to get anywhere near enough fire on thePublic Hearing - December 8, 2015

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1 landscape.

2 Roughly on a -- particularly in the central

3 Sierra and the natural forest where I live, fire regime

4 and the fire return intervals in those landscapes

5 historically was burning 29,000 acres a year. We maybe

6 burn two.

7 And part of that is because of the tough

8 regulatory environment of limited burn days, limited use

9 of those burn days, but also limited burn periods. The

10 expansive fire that we need to see on this landscape,

11 controlled fire, well-managed fire needs to increase

12 dramatically.

13 Minimal increases in burn days and minimal

14 changes in burn duration will not remedy the impacts of

15 the century of fire exclusion.

16 So the use of the natural fire regime -- the

17 statements about using the natural fire regime to defend

18 exceedance demonstrations for controllable and preventable

19 ecosystem sustainability component, and having a good

20 smoke plan and good smoke management practices, are both

21 refreshing to see identified in the rulemaking.

22 What really matters more than anything else

23 is the scale. So in recent conversations we have had just

24 offline with airborne staff, talking about increasing the

25 duration of the amount of burn acres from 50 acres a dayPublic Hearing - December 8, 2015

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1 to 100 does not even come close to what we need to be

2 doing.

3 Those kind of burn -- those kinds of efforts

4 will not produce meaningful result; and if we don't get an

5 ecologically meaningful result, EPA and those of us that

6 care about air quality and human impacts and land

7 managers, and those of us that care about fire's ecosystem

8 role, we are not going to make it in terms of getting to

9 the success of our goals.

10 So if you take a look just quickly on

11 Page 4, that's a picture of the King Fire. It happened a

12 few years back, in 2014, to give you an idea of the

13 magnitude of what's happening. All that big red blob that

14 looks like a football happened in six hours. 50,000 acres

15 in six hours.

16 It had significant management and mechanical

17 fuel treatments, but it had not seen fire since 1908. The

18 mean return fire interval for that landscape is 8 to

19 12 years and hadn't seen that fire in over 100. So that's

20 what the result looks like. Thank you very much.

21 CHAIRWOMAN MCKAUGHAN: We may have some

22 extra time after we hear our next speaker, so if you have

23 more to say, maybe you want to come back up later. I

24 don't know what your schedule is.

25 MR. THOMAS: I will think about that.Public Hearing - December 8, 2015

24

1 CHAIRWOMAN MCKAUGHAN: Thank you. Eric

2 Massey?

3 (Recess taken 10:30 a.m. - 10:31 a.m.)

4 CHAIRWOMAN MCKAUGHAN: I'd like to call Eric

5 Massey to give his testimony.

6 MR. MASSEY: Thank you very much and good

7 morning. For the record, my name is Eric Massey. I'm the

8 director of the air quality division for the Arizona

9 Department of Environmental Quality, and I appreciate this

10 opportunity to provide oral comments on EPA's proposed

11 revisions to the Exceptional Events Rule.

12 ADEQ commends EPA for the level of effort

13 it's gone to listen and adapt to the concerns of the

14 states that have experienced hardships implementing the

15 existing Exceptional Events Rule.

16 Western states in particular have been

17 heavily involved through the history of this rule,

18 submitting comments and working on potential improvements

19 and working collaboratively with EPA and other states to

20 improve the process necessary to develop the documentation

21 that's been provided.

22 ADEQ's specific experience throughout this

23 entire process has been laborious, but always positive.

24 To our understanding, no other state has gained as much

25 experience with implementing this rule, in large part duePublic Hearing - December 8, 2015

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1 to the number of the specific conditions of Arizona's

2 unique environment.

3 Our efforts have always been focused on

4 making certain that the most defensible exceptional event

5 documents are developed with the most efficient and

6 productive processes that can be developed.

7 ADEQ aspires to lead Arizona and the nation

8 in protecting and enhancing the environment, at the same

9 time improving the quality of life for the people in our

10 state.

11 It's our belief that the most sustainable

12 solutions are achieved when we properly balance the needs

13 of our unique development, our economy, and our

14 communities.

15 Through this balance we believe that we

16 achieve better outcomes and generate more support for our

17 solutions, leading to lasting improvements in all three

18 areas.

19 It is through this balance that we believe

20 we can help make Arizona the No. 1 state in which to live,

21 work, recreate, start a business, get an education, and

22 work through those issues.

23 The proposed changes to the Exceptional

24 Events Rule fit well into ADEQ's vision and mission. The

25 changes have been made in response to partnershipsPublic Hearing - December 8, 2015

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1 developed between EPA and the states.

2 It benefits from lessons that states have

3 learned through implementation and uses that experience to

4 encourage more efficient processes.

5 At the same time, it continues to ensure

6 that environmental protection -- it continue to ensure

7 environmental protection but also ensures that states,

8 their communities, and their economies are not held

9 responsible for natural events or those that cannot

10 otherwise be reasonably prevented or controlled.

11 Overall, ADEQ supports all of the changes

12 that EPA has made to this rule, but recognizes that there

13 is still some work to be done in reviewing the entire

14 package.

15 We believe that there are still some areas

16 where additional changes can be made that preserve the

17 balance of the rule but still provide procedural benefit

18 for the state of Arizona.

19 As a result, we do intend to submit written

20 comments in addition to the oral comments provided here

21 today.

22 Finally, we wanted to recognize Senator

23 Flake's leadership in this matter and also support his

24 request for an extension of the public comment period.

25 There are number of -- excuse me. There arePublic Hearing - December 8, 2015

27

1 many important programs that are currently in public

2 comment or in the beginning stages of implementation,

3 specifically programs such as the Clean Power Plan and the

4 changes to the ozone national and air quality standard.

5 States already have stretched their limited

6 resources in an effort to begin developing responses and

7 programs that will implement these new rules and new

8 programs that EPA has put forth into the future.

9 Additional time will provide states with the

10 ability to provide a more thoughtful and thorough comment

11 on the proposed Exceptional Events Rule revisions and

12 ensure that we still continue moving forward and are not

13 taking necessary resources from those other important

14 programs.

15 Thank you for this opportunity to comment,

16 and I would be happy to clarify any of my remarks if there

17 are any questions.

18 MR. VISWANATHAN: No questions.

19 MR. MASSEY: Thank you very much.

20 CHAIRWOMAN MCKAUGHAN: I would like to call

21 Garrick Taylor to the podium.

22 MR. TAYLOR: Good morning, and thank you for

23 conducting this hearing and opportunity to provide a

24 statement.

25 For the record, my name is Garrick TaylorPublic Hearing - December 8, 2015

28

1 here on behalf of the Arizona Chamber of Commerce and

2 Industry and the Arizona Manufacturers Council.

3 Our organization's members very much

4 appreciate the EPA's willingness to work with stakeholders

5 in our region, including the business community, in your

6 agency's announcement last month to revise the 2007

7 Exceptional Events Rule and issue new guidance on wildfire

8 events which could affect ozone concentrations.

9 Our organizations over the years have made

10 clear our concerns over our region's potential exposure to

11 government sanctions resulting from a naturally occurring

12 event.

13 As we all know, Arizona has a unique desert

14 environment where dust storms, or haboobs, frequently roll

15 through during our summer months.

16 These exceptional events occur regularly in

17 Arizona and can contribute to artificially high air

18 quality readings and have the potential to place counties

19 in non-attainment.

20 A non-attainment designation would have, or

21 could have, lasting economic consequences on cities,

22 towns, and businesses in Arizona.

23 And while we appreciate the EPA's revision

24 and new guidance, our members hold the same position as

25 Senator Jeff Flake, that a 30-day extension of the publicPublic Hearing - December 8, 2015

29

1 comment period will lead to a more thoughtful response

2 from affected stakeholders.

3 Once again, the Arizona Chamber of Commerce

4 and the Arizona Manufacturers Council appreciate the EPA

5 holding this public hearing and look forward to working

6 with your agency in the future. Thank you.

7 CHAIRWOMAN MCKAUGHAN: So we don't have any

8 more registered speakers until about 11:50 this morning,

9 so if Mr. Thomas would like to come back up and talk some

10 more.

11 Otherwise, if anyone else would like to

12 speak, you can certainly step out to the registration desk

13 and give them your name and we will have time to listen

14 right now. So five more minutes.

15 MR. THOMAS: Sure.

16 CHAIRWOMAN MCKAUGHAN: And if anyone else

17 wants to speak, we do have time, so feel free to register

18 at the table and we will be glad to listen to your

19 testimony and then we will take a break until the next

20 speaker comes in. So thank you.

21 Mr. Thomas.

22 MR. THOMAS: Thank you. Again, for the

23 record, it's Craig Thomas representing Sierra Forest

24 Legacy. A couple of other things that I'd like to mention

25 in my testimony.Public Hearing - December 8, 2015

30

1 The Exceptional Events Rule revisions at

2 Federal Register 72870 cites the 1998 Interim Air Quality

3 Policy on Wildlife and Prescribed Fires which is

4 referenced in the '07 Exceptional Events Rule preamble.

5 Six provisions make up the basic components

6 of a certifiable smoke management program. We offer an

7 additional important criteria for EPA to consider either

8 as a part of the program evaluation or as a separate

9 evaluation of fire accomplishment and improved public

10 safety.

11 Confirming reduced uncharacteristic wildfire

12 and pollutant risk as a result of an ecologically relevant

13 fire program in California and elsewhere where fire is

14 part of the natural disturbance process benefits public

15 health and is consistent with the EPA's primary role under

16 the Clean Air Act.

17 Additionally, we request that EPA consider a

18 make-up period of regulatory forgiveness that is not

19 punitive that has significant collaborative engagement

20 around ecological recovery and increased public health

21 outreach.

22 A reasonable definition of "controllable"

23 must include the recognition that circumstances we are in

24 are due largely to fire exclusions, now exacerbated by

25 climate change.Public Hearing - December 8, 2015

31

1 Assumptions regarding what is "reasonably

2 controllable" needs increased scrutiny during the

3 Exceptional Events Rule making.

4 I will offer two examples. Reliance on

5 mechanical treatments (that's a Federal Registered Notice

6 72869 and elsewhere) as an alternative to increased fire

7 use will not lead to ecological landscape resilience.

8 While there is a role for ecologically

9 appropriate, strategic mechanical fuels reduction, the

10 scale of mechanical treatments is limited by many factors

11 with steep slopes and lack of roads being two primary

12 factors.

13 And I cite North in a couple of Journal of

14 Forestry articles where they did an extensive review of

15 the whole Sierra Nevada fire region and found roughly

16 25 percent of the landscape was accessible to mechanical

17 treatments. And most of that not driven by prescriptions

18 like habitat protection, but in actuality it's a mountain

19 range.

20 And when you go below 35 percent slopes, you

21 will have the water quality division of EPA pounding on

22 your door because of the disturbance that happens. So

23 that 35 percent slope has held up for many, many, many

24 years. So it really limits access. A lot of people don't

25 understand that. Without a relevant fire program, wePublic Hearing - December 8, 2015

32

1 write off those other acres to wildfire.

2 We support the "not likely to recur"

3 revision because it encompasses the natural fire return

4 interval and should encompass maintenance burns that

5 maintain ecological values established in previous

6 treatments and done to protect public safety.

7 The point is, we need fire back in the

8 system at regular intervals, but those that are

9 ecologically defendable or are needed for public safely.

10 As a part of the package, I think this is acknowledged

11 that it is something we strongly support.

12 The last issue is a touchy one, and that is

13 that we don't support the 2013 Guidance Letter statement

14 that wildfire is uncontrollable and therefore those

15 exceedances can be eliminated from the annual or the

16 accounting that happens for emissions accounting there at

17 a district level that's reported forward up the line.

18 The reason for that is the regulatory

19 environment, as I said, is not the sole player in why we

20 are not burning enough, but we have seen and had enough

21 experience to know that we need a deeper conversation with

22 Region 9 EPA and district air regulators to get to an

23 ecological and meaningful scale of fire use.

24 And we don't believe those emissions should

25 be written off unless this state has an ecologicallyPublic Hearing - December 8, 2015

33

1 meaningful burn program in the fire associated ecosystems,

2 because that regulatory control has limited the amount of

3 burning that we can do. And if we can do more, we are

4 going to see less wildfire events and have less acute

5 emissions impacts to the public.

6 In our detailed comment letters I will share

7 later on, we will show you some emissions graphs that are

8 startling in terms of the impacts of those acute events

9 compared to a fairly low level of emission outputs under

10 well-controlled smoke management programs.

11 Thank you very much for that additional

12 time.

13 CHAIRWOMAN MCKAUGHAN: Thank you. Thank you

14 very much. We are going to go off the record until 11:00

15 and see if we have any more speakers, and if we do we will

16 go on the record; otherwise, we will wait until we do have

17 speakers. Again, a little break and we will come back

18 when we have additional people ready to testify.

19 (Recess taken 10:43 a.m. - 11:00 a.m.)

20 CHAIRWOMAN MCKAUGHAN: We are going to

21 reconvene. Our next speaker is Dan Johnson from WESTAR.

22 I believe you requested extra time, so you may have extra

23 time up to ten minutes.

24 MR. JOHNSON: It won't be that long. I

25 worked very hard to keep it down to five. Thank you. MyPublic Hearing - December 8, 2015

34

1 name is Dan Johnson. I'm the executive director of the

2 Western States Air Resources Council, or WESTAR.

3 We are an organization of 15 western state

4 air quality management agencies, and I want to thank EPA

5 for the opportunity to comment on the proposed regulation.

6 WESTAR strongly supports EPA's efforts to

7 improve the efficiency and the effectiveness of the

8 exceptional events regulation, and we appreciate EPA's

9 efforts to work with the states on this important matter.

10 The purpose of the Exceptional Events Rule

11 is to ensure that a state never is required to

12 implement -- to develop a SIP to address uncontrollable

13 sources of air pollution.

14 That's not to say that unhealthy air quality

15 caused by exceptional events should be ignored. When air

16 quality is violated, the air is unhealthy regardless of

17 the source and appropriate actions should be taken to

18 mitigate the public health impacts.

19 The issue is not whether action should be

20 taken; it should. The issue is whether the implementation

21 of a state implementation plan to control uncontrollable

22 sources of air pollution is the best way to accomplish

23 that, and it isn't.

24 WESTAR supports EPA's proposed rule

25 revisions that address many of our long-standing concerns.Public Hearing - December 8, 2015

35

1 We welcome EPA's proposal to revise the exceptional events

2 regulation rather than issuing yet more guidance, guidance

3 that, to the implementing states, oftentimes comes across

4 as a rule.

5 We also note several important changes to

6 the rules including the proposed removal of the existing

7 obligation to show that an exceptional event is associated

8 with a concentration in excess of historical fluctuations

9 and the removal of the obligation to show that "but for"

10 the event there wouldn't have been an air quality

11 violation.

12 We also support EPA's efforts to streamline

13 the exceptional events process when the circumstances

14 surrounding the event are clear, as EPA proposes in the

15 draft wildfire guidance.

16 Streamlining addresses our long-standing

17 concern about the extraordinary commitment of resources

18 needed by both the states and by EPA to develop and to

19 approve an exceptional events proposal.

20 WESTAR is developing detailed, written

21 comments for submission to the docket, but today I want to

22 focus on two key topics for the western states.

23 The first topic is related to the "not

24 reasonably controllable or preventable" section of the

25 proposal.Public Hearing - December 8, 2015

36

1 As a condition for approval of an

2 exceptional event request, states are required to

3 demonstrate to EPA's satisfaction that any control

4 measures that could reasonably have been in place at the

5 time of the event must have been in place, including

6 escalating controls in areas subject to recurring events

7 like dust events and wildfire events in the west.

8 WESTAR supports EPA's proposal to consider

9 relevant control measures included in a non-attainment --

10 a recent non-attainment or maintenance SIPs as sufficient

11 to meet this criterion. We don't understand why that same

12 concept should not be applied in an attainment role as

13 well.

14 In an area that is currently in compliance

15 with air quality standards except on days impacted by

16 uncontrollable events, EPA's proposal would require a

17 state to implement some undefined set of emission control

18 measures in anticipation of some future uncontrollable

19 events in order just to be eligible to exclude the

20 event-impacted data.

21 While we agree that the implementation of

22 measures that would materially provide public health

23 protections against unhealthy levels of air pollution make

24 sense, such as those measures outlined in Section VI of

25 the preamble, states should not be required to guess whatPublic Hearing - December 8, 2015

37

1 those additional measures EPA would find acceptable as

2 reasonable under the Exceptional Events Rule might be.

3 Instead, we reiterate our previous comment

4 that EPA believes -- that if EPA believes a state's SIP is

5 deficient, it is EPA's responsibility, not the state's, to

6 clarify -- to clearly identify the deficiency and the

7 measures they believe are necessary to provide for

8 attainment and maintenance of the relevant air quality

9 standard.

10 The second topic is related to the wildland

11 fires section of the proposal. EPA's proposing a number

12 of substantive changes to the Exceptional Events Rule to

13 address air quality impacts from fires.

14 In particular, EPA's proposing rule language

15 describing the circumstances under which air quality data

16 affected by emissions from wildfires can be excluded from

17 regulatory determinations.

18 While we agree with the concept that data

19 affected by wildfires should be excluded from regulatory

20 determinations, we do have concerns about EPA's proposal

21 to defer to the entity conducting some prescribed fires to

22 declare those fires as wildfires, thereby making the

23 resulting air quality impacts eligible for exceptional

24 events treatment.

25 We also have concerns about EPA's proposalPublic Hearing - December 8, 2015

38

1 to authorize fire managers in lieu of air quality managers

2 to exclude air quality data under the revised rule. Our

3 written comments will elaborate our concerns in this area.

4 Thank you again for the opportunity to

5 comment today. We have lots more to say but we will put

6 those in our written comment.

7 We support EPA's proposal in many, many

8 areas. We thank you again for your willingness to work

9 with us on some of the issues that we have been concerned

10 about through the years, and I would be happy to clarify

11 any of my comments.

12 CHAIRWOMAN MCKAUGHAN: Are your written

13 comments coming at the end of the day?

14 MR. JOHNSON: The written comments will go

15 to the docket. They will be probably be literally on the

16 last day unless EPA extends the comment period. But what

17 I presented today will be delivered to you today before I

18 leave.

19 CHAIRWOMAN MCKAUGHAN: Thank you. Does

20 anyone who is registered for this afternoon want to go

21 sooner? Then we are going to go off the record.

22 (Recess taken 11:08 a.m. - 12:28 p.m.)

23 CHAIRWOMAN MCKAUGHAN: We will take a lunch

24 break from 12:30 until 2:00 and we will be back at 2:00

25 and start taking speakers then.Public Hearing - December 8, 2015

39

1 (Lunch taken 12:28 p.m. - 1:59 p.m.)

2 CHAIRWOMAN MCKAUGHAN: It's 2:00. We are

3 going to reconvene. For the people who weren't here this

4 morning, I will repeat some of the rules of the road for

5 the hearing. I won't go through the entire statement

6 again. I will go through how you make comments today.

7 So we have -- if you want more details on

8 the proposal, we have a fact sheet of it on the

9 registration desk. You are welcome to take that.

10 We want to make sure you have checked in at

11 the registration desk even if you aren't planning to speak

12 today so we have a record of people who are interested in

13 and can communicate with them.

14 If you signed up to speak but haven't told

15 us that you are here, please step out to the registration

16 desk and let the EPA staff know that you have arrived.

17 So I plan to call speakers up one at a time

18 to the podium, and the microphone is on, so when your name

19 is called, please come up to the front and present

20 testimony.

21 When do you speak, if you could state your

22 name and spell it for the court reporter so that she has

23 the correct spelling of your name and for her records

24 because all of this will go into a docket for this rule.

25 And then your comments will be transcribedPublic Hearing - December 8, 2015

40

1 and included in the record of comments on the proposed

2 rule.

3 Each speaker will have five minutes to give

4 comments. If you have a need for more time, let us know

5 that. We seem to have time on the schedule today.

6 And Lev has a set of folders that will

7 indicate how much time you have left. So when you see the

8 yellow folder, it's one minute. And the red folder means

9 you have reached the end of your five minutes. Again, if

10 you need more time, let us know.

11 So we are here to listen to you today.

12 However, a panel member may have occasionally a question,

13 a clarifying question, so we may ask you to clarify

14 something if we don't understand it. Once we conclude

15 those questions, we will go to the next speaker.

16 If you have brought a written copy of your

17 testimony, please give that to the staff at the

18 registration desk today and we will put it in the official

19 docket for the proposed rule.

20 We also have comment cards available at the

21 registration desk. If you would like to submit additional

22 written comments today, you can do that while you are

23 here. If you would like to do otherwise, you can send

24 them in electronically. You can mail them in. We take

25 them any way you want to send them to us.Public Hearing - December 8, 2015

41

1 And if you want to comment in writing later,

2 we also have instructions for submitting written comments,

3 so that's spelled out for you.

4 Comments must be received by January 19,

5 2016, at this point in time. And we give as much

6 consideration to comments we receive in writing as we do

7 to comments we receive at public hearings like this one,

8 so we don't weigh them any differently.

9 So feel free to submit your comments, oral,

10 written, mail them to us, email them to us, they are all

11 accepted, and then if you have any other questions during

12 the hearing, please feel free to ask the staff at the

13 registration desk or come see any of us. It could be on a

14 separate issue, separate and apart from what the hearing

15 is about. Just feel free.

16 And we appreciate that you are spending your

17 time with us today, and we know it's hard to get away from

18 the office and we are really looking forward to hearing

19 your comments. So why don't we just get started. The

20 next speaker is Ana Kennedy Otto.

21 MS. OTTO: Good afternoon. My name is Ana

22 Kennedy Otto. That's A-n-a, K-e-n-n-e-d-y, O-t-t-o. And

23 I'm here today representing the Arizona Farm Bureau

24 Federation.

25 We are a grassroots organization made up ofPublic Hearing - December 8, 2015

42

1 farmers and ranchers from all across the state. Our

2 industry generates over $17 billion in economic impact to

3 the State but, more importantly than that, we produce food

4 and fiber, the very basics in life we need to survive.

5 And the three key elements to growing your

6 food are sunlight, water, and dirt. And you couldn't

7 produce food without disturbing the soil and creating a

8 bit of dust, also known as particulate matters in terms of

9 regulatory terms.

10 We appreciate the EPA holding this hearing

11 on the proposed revisions to the exceptional rules. Here

12 in Arizona each year, in particular during monsoon season,

13 we have dust storms that roll across the landscape picking

14 up loose bits of dirt from all kinds of different sources,

15 whether it be the desert, county dirt roads or even

16 agriculture fields.

17 I would also add that the 15 years of

18 drought that we have been experiencing here in the

19 Southwest is an exceptional event, making an already arid

20 environment that much more arid.

21 With regards to the proposed rule, I will

22 keep my comments short as we will be submitting more

23 substantial comments as we have had time to evaluate and

24 analyze the rule, which is quite lengthy, and consequently

25 we would like to note here that we do support the letterPublic Hearing - December 8, 2015

43

1 that Senator Flake recently submitted to the agency

2 requesting that the comment period for this rule be

3 extended.

4 The Arizona Farm Bureau supports

5 establishing clear, transparent, reasonable definitions

6 for exceptional events as they relate to exceedances on

7 particulate matter standards.

8 We know based on past experience that the

9 Arizona Department of Environmental Quality has spent

10 thousands of hours and thousands of dollars in order to

11 prove to the agency that an exceptional event like a dust

12 storm has occurred, and we appreciate the development of

13 this current role revision.

14 There seems to be a number of lessons

15 learned from Arizona's experience and our department of

16 environmental quality's work with exceptional events

17 submittals to the EPA.

18 Although elements of the proposed revision

19 to the rule are certainly a step in the right direction,

20 there is certainly more that can be done to streamline

21 that process.

22 It's important that EPA not lose sight of

23 the fact that exceptional events as they relate to air

24 quality standards, and in particular with regard to

25 particulate matter, whether they be a one-time occurrencePublic Hearing - December 8, 2015

44

1 or happen more frequently like our monsoonal dust storms,

2 are just that, exceptional events.

3 It doesn't matter how many controls you may

4 have in place for the various sources of particulate

5 matter. There's going to be lots of dust.

6 Therefore, it's critical that the process of

7 flagging and documenting these exceptional events is not

8 overly burdensome to the State or its citizens including

9 farmers and ranchers. Thank you.

10 CHAIRWOMAN MCKAUGHAN: Thank you very much.

11 I think we are going to go off the record until our next

12 speaker arrives. He is registered, but he is not here

13 yet.

14 So does anyone else wish to speak at this

15 point? We can take you now.

16 (No response.)

17 (Recess taken 2:06 p.m. - 2:25 p.m.)

18 CHAIRWOMAN MCKAUGHAN: We are going to go

19 back on the record. We are going to call our next

20 speaker. The gentleman's name is Steve Chucri. So if

21 Steve could come up to the podium there.

22 MR. CHUCRI: Steve Chucri. S-t-e-v-e,

23 C-h-u-c-r-i. And I'm chairman of the Maricopa County

24 Board of Supervisors.

25 Mr. McNeely here somewhere? There you are.Public Hearing - December 8, 2015

45

1 Thank you. And I know that Mr. McNeely is going to follow

2 me.

3 First and foremost, I want to thank all of

4 you for coming and having this hearing, and I feel as

5 though this is very important to get it right in what we

6 have experienced here in Maricopa County. So if you could

7 bear with me, I'm going to go ahead and read my comments

8 since they are going into the record.

9 So welcome to Phoenix, and thank you for

10 holding your public hearing on the Exceptional Events Rule

11 here.

12 We welcome this proposal to reopen and

13 revise the Exceptional Events Rule to address the concerns

14 raised by Arizona and other stakeholders related to our

15 experience in applying the current rule.

16 Arizona is an appropriate location for your

17 hearing since our unique desert environment poses many of

18 the challenges that your rule is designed to address.

19 Natural sources in the desert, meteorology,

20 and the climate play a significant role in the generation

21 and formation of air pollution in this region.

22 More specifically, very few other locations

23 of the U.S. experience dust storms like we have here. And

24 what we are speaking to most of the time is our haboobs

25 and things of that nature.Public Hearing - December 8, 2015

46

1 As a local jurisdiction collaborating on the

2 implementation of such regulations, please recognize our

3 concerns and comments are meant to foster cooperation with

4 state and local agencies for approaches to improve the

5 Exceptional Events Rule.

6 As an elected member of the Maricopa County

7 Board of Supervisors, I'm committed to our mission to

8 provide regional leadership and to be fiscally responsible

9 with necessary public services so that residents can enjoy

10 living in a healthy and safe community.

11 We face the challenges of both ensuring both

12 the physical health and economic well-being of our

13 citizens, and in doing so we take a collaborative

14 approach, expanding our resources by partnering with our

15 other jurisdictions being the private sector and

16 non-profit organizations.

17 We recognize that the EPA has made a number

18 of changes to respond to our concerns and recommendations

19 in the proposed -- in the proposal leading to a better

20 rule which we are very grateful for; however, we also feel

21 that the proposal rule could still be improved.

22 The proposed changes will streamline the

23 process and clarify the expectations for technical

24 demonstrations, leading to a more cost effective use of

25 our state, county, and local resources.Public Hearing - December 8, 2015

47

1 We don't believe it is an efficient use of

2 public and private resources to prepare expensive and

3 complex demonstrations for events beyond our control, and

4 I want to really highlight that.

5 In fact, in 2012 and 2013, Maricopa County,

6 the Arizona Department of Environmental Quality, and the

7 Maricopa Association of Governments spent nearly $700,000

8 alone preparing for exceptional rule documentation related

9 to the various dust storms. We should be putting these

10 resources toward addressing air pollution issues over

11 which we have control.

12 I also support Senator Flake's request to

13 extend the comment period for the proposal to allow for

14 more thorough review of this complex proposed rule.

15 This concludes my remarks. And I know,

16 again, that our air quality director, Phil McNeely, will

17 speak after me. And thank you again for the opportunity

18 to bring this to your attention.

19 CHAIRWOMAN MCKAUGHAN: Thank you very much.

20 Our next speaker is Philip McNeely.

21 MR. MCNEELY: For the record, I'm Philip

22 McNeely. P-h-i-l-i-p, M-c-N-e-e-l-y. I'm the director of

23 the Maricopa County Air Quality Department. Welcome to

24 Phoenix -- from Tucson and from other places.

25 Maricopa County covers 9,000 square miles,Public Hearing - December 8, 2015

48

1 and we have over 4 million residents, so that makes us the

2 14th largest county in the country and the 4th most

3 populated county.

4 Our mission in the air quality department is

5 to provide clean air to our residents. We are committed

6 to that mission and we have made great progress with

7 improving air quality in the county.

8 However, we still have work to do. The

9 county is in non-attainment for the eight-hour ozone, and

10 it's proposed to be bumped up to "moderate."

11 We are also classified as a "serious"

12 non-attainment for PM-10. EPA has determined that

13 Maricopa County's PM-10 not-attainment area attained the

14 standard on December 31, 2012, and they approved our

15 Five Percent Plan.

16 The plan included 53 measures and it relied

17 on cooperation of the state, the county, cities and towns,

18 private sector and the public.

19 The plan includes stringent control measures

20 including a unique public outreach program that encourages

21 the public to participate in a notification program to

22 receive five-day forecasts and also notification using

23 realtime data when PM-10 levels start rising at a monitor.

24 Even though the county has a clean data

25 finding, the region continues to experience haboobs andPublic Hearing - December 8, 2015

49

1 other violent dust storms.

2 The Exceptional Events Rule was critical to

3 the attainment demonstration and remains critical to

4 dealing with significant dust storms.

5 Our department appreciates and supports many

6 of the EPA's proposed revisions to the rule, but at this

7 time we are still analyzing the proposed rule and the

8 associated technical materials, as well as consulting with

9 MAG and ADEQ. We do plan on providing additional written

10 comments and recommendations during the public comment

11 period.

12 Finally, we do also support Senator Flake's

13 request to extend the comment period to allow a more

14 thorough review of this complex proposed rule, and I again

15 thank you for holding this hearing in Phoenix. Thanks.

16 CHAIRWOMAN MCKAUGHAN: Thank you very much.

17 I'd like to call our next speaker, Ms. Lindy Bauer.

18 MS. BAUER: Thank you very much. Good

19 afternoon. I am Lindy Bauer. L-i-n-d-y, B-a-u-e-r. I'm

20 here today to represent the Maricopa Association of

21 Governments for which I serve as the environmental

22 director. I'm here in relation to the Environmental

23 Protection Agency's recently proposed Exceptional Events

24 Rule.

25 The Maricopa Association of Governments,Public Hearing - December 8, 2015

50

1 known as MAG, is a council of governments and serves as

2 the designated regional air quality planning agency for

3 the Maricopa area.

4 As such, MAG has been directly involved in

5 air quality issues for the Phoenix urbanized area and the

6 contiguous urbanized areas of Pinal County.

7 The Maricopa area is currently in

8 non-attainment for the 2008 ozone standard, and in

9 attainment for the PM-10 standard.

10 MAG has worked closely with the state, local

11 air agencies, and the EPA's Region 9 office to improve air

12 quality in our area.

13 Our goal is to better improve the health of

14 our citizens. This work includes documentation of

15 exceptional events in our area.

16 MAG is vitally interested in EPA's pending

17 rulemaking and any improvements that EPA may be able to

18 make concerning the exceptional events process.

19 While we are still reviewing the rule and

20 the guidance document for wildfires, our initial

21 assessment is that EPA has made a bona fide effort to

22 improve the methods by which exceptional events are

23 determined.

24 Past exceptional event demonstrations have

25 cost MAG, the state, and Maricopa County considerablePublic Hearing - December 8, 2015

51

1 amounts of money and staff time. For the 2011 and 2012

2 demonstrations, the cost was $675,000.

3 Clearly, we should strive to reduce the

4 burdens imposed by such demonstrations and ensure that

5 federal, state, and local interactions are conducted in

6 the most efficient manner possible.

7 Some revisions do appear to streamline the

8 process for submittal and approval of future exceptional

9 event demonstrations. They seem to lessen the burden on

10 states and entities like MAG that need to document such

11 request. In this regard, we appreciate EPA's recognition

12 of these very real costs and expenditures of time.

13 Other parts of the proposed rule address

14 dust storms and high wind events that have constituted the

15 bulk of Arizona's past exceptional event demonstrations.

16 The proposed rule contains a significant discussion of

17 such issues. MAG is reviewing EPA's proposed revisions in

18 this area.

19 As EPA knows, MAG has filed extensive

20 comments in the past including comments on EPA's 2011

21 draft guidance and the 2013 interim guidance.

22 During the past listening session in

23 Arizona, MAG articulated its priorities with regard to

24 exceptional events.

25 First, more deference needs to be given toPublic Hearing - December 8, 2015

52

1 states in the exceptional events process. We believe this

2 consideration remains relevant and that EPA should rely on

3 the expertise of state and local agencies when determining

4 if exceptional events have occurred.

5 Second, and consistent with what we see as

6 an objective of the proposed rule, the process and

7 documentation for exceptional events should be

8 streamlined.

9 We advocated that EPA take prompt action

10 with respect to exceptional event determinations.

11 Resolution of pending determinations in a more efficient

12 manner will benefit not only EPA but also state and local

13 agencies.

14 Third, the agency must remain aware of

15 differences in regional climates and conditions. Through

16 our history of interaction with EPA, we believe the

17 Agency's understanding of Arizona's climate has improved.

18 MAG is continuing to assess the proposed

19 rule and its possible impact on our area. We greatly

20 appreciate the EPA's efforts in scheduling this meeting

21 today and receiving public comment. We stand ready to

22 work with EPA and be a continuing resource for the agency.

23 Finally, we want to thank the Arizona

24 Congressional Delegation. We particularly want to thank

25 Senator Jeff Flake for his great work on this issue,Public Hearing - December 8, 2015

53

1 including his request for an extension of the public

2 comment period. Thank you.

3 CHAIRWOMAN MCKAUGHAN: Thank you very much.

4 We have no further registered speakers, does anyone in the

5 audience want to make any remarks?

6 (No response.)

7 CHAIRWOMAN MCKAUGHAN: Is anyone aware of

8 anyone who might be coming to make remarks?

9 (No response.)

10 CHAIRWOMAN MCKAUGHAN: Thank you so much for

11 being here and giving us your thoughts. We really

12 appreciate it. It's been a very productive part to hear

13 what you have to say. We are going to close the hearing

14 at this point.

15 Of course, as we have mentioned, we will be

16 accepting written comments until January 19th, or whatever

17 gets decided, and we have methods to do that

18 electronically.

19 And instructions are out on the table, so if

20 you want to take advantage of that, take a copy home and

21 share that with your friends. Feel free to send us

22 comments until the end of the public comment period.

23 Did I forget anything? We will be here for

24 another hour in case anyone comes in or you know somebody

25 who wants to testify and didn't get a chance to do so.Public Hearing - December 8, 2015

54

1 But we will be here until 3:40. If you want to ask us any

2 questions, we will stick around. Thank you very much.

3 (Recess taken 2:39 p.m. - 3:35 p.m.)

4 CHAIRWOMAN MCKAUGHAN: We officially close

5 this hearing at 3:35 p.m.

6 (Whereupon, the proceedings were adjourned

7 at 3:35 p.m. on this date.)

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25Public Hearing - December 8, 2015

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6 C E R T I F I C A T E

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8 I, WILMA A. WEINREICH, hereby certify that the

9 foregoing pages, numbered 2 through 55, constitute a full,

10 true and accurate transcript of all proceedings had in the

11 above matter, all done to the best of my skill and

12 ability.

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___________________________ WILMA A. WEINREICH 18 Certified Reporter Certificate No. 50530
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25Public Hearing - December 8, 2015

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6 C E R T I F I C A T E

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8 I, WILMA A. WEINREICH, hereby certify that the

9 foregoing pages, numbered 2 through ^ x, constitute a

10 full, true and accurate transcript of all proceedings had

11 in the above matter, all done to the best of my skill and

12 ability.

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___________________________ WILMA A. WEINREICH 18 Certified Reporter Certificate No. 50530
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25Environmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

$

$17 (1)
42:2 $675,000 (1)
51:2 $700,000 (1)
47:7

A

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25:7 assess (1)
52:18 assessment (2) 18:12;50:21 assist (1)
8:12

Min-U-Script® Griffin & Associates, LLC
602.264.2230 (1) $17 - assistEnvironmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

assistant (1)
17:12 associated (3) 33:1;35:7;49:8 association (9) 9:10;13:10,12; 14:13;16:15,16;47:7; 49:20,25 Assumptions (1)
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41:17

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8:21

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12:1 California (4) 18:23;19:13;21:11;
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December 8, 2015

43:2;47:13;49:10,13; 52:21;53:2,22 commenting (1)
21:16 comments (49) 2:13;6:17,18,20; 7:16,21,21,23,23;8:3, 4,7,9,25;9:18,23; 12:22;14:12;15:20; 19:5;24:10,18;26:20, 20;35:21;38:3,11,13, 14;39:6,25;40:1,4,22; 41:2,4,6,7,9,19; 42:22,23;45:7;46:3; 49:10;51:20,20; 53:16,22 Commerce (3) 14:25;28:1;29:3 commitment (1)
35:17 committed (4) 20:5,23;46:7;48:5 committee (2) 16:14,23 common (1)
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32:21 conversations (2) 20:9;22:23 cooperation (2) 46:3;48:17 copy (4) 7:13,20;40:16;
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19:20

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37:21 deference (1)
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21:5 detailed (5) 9:23;11:14;12:22; 33:6;35:20 details (2) 5:25;39:7 deterioration (1)
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52:3 develop (3) 24:20;34:12;35:18 developed (4) 2:22;25:5,6;26:1 developing (5) 3:23;11:2;17:25; 27:6;35:20 development (2)

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December 8, 2015

25:13;43:12 dialogue (1)
20:11 differences (1)
52:15 different (1)
42:14 differently (1)
41:8 difficult (1)
21:24 diligence (1)
18:16 direct (2) 15:15;19:8 direction (1)
43:19 directly (3) 17:11;21:2;50:4 director (5) 24:8;34:1;47:16, 22;49:22 dirt (3) 42:6,14,15 discussed (1)
15:18 Discussion (3) 16:9;20:17;51:16 district (2) 32:17,22 disturbance (3) 20:1;30:14;31:22 disturbing (1)
42:7 division (2) 24:8;31:21 docket (5) 7:16;35:21;38:15; 39:24;40:19 document (3) 4:12;50:20;51:10 documentation (4) 24:20;47:8;50:14;
52:7 documenting (1)
44:7 documents (2) 9:24;25:5 dollars (1)
43:10 done (3) 26:13;32:6;43:20 door (1)
31:22 down (1)
33:25 draft (8) 4:12;9:20;14:7; 17:19;18:13,14; 35:15;51:21 dramatically (1)
22:12 driven (1) 31:17 drought (1)
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51:14

E

earlier (2) 14:23;15:19 easiest (1)
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19:12 economic (3) 28:21;42:2;46:12 economies (1)
26:8 economy (2) 9:13;25:13 ecosystem (4) 20:15,21;22:19;
23:7 ecosystems (2) 21:11;33:1 education (1)
25:21 effective (1)
46:24 effectively (1)
10:2 effectiveness (1)
34:7 efficiency (4) 4:7,20;17:2;34:7 efficient (5) 25:5;26:4;47:1; 51:6;52:11 effort (6) 4:4;15:16;18:5; 24:12;27:6;50:21 efforts (8) 11:6;21:12;23:3; 25:3;34:6,9;35:12;
52:20 eight-hour (1)
48:9 either (2) 12:17;30:7 elaborate (1)
38:3 elected (1)
46:6 electronically (2) 40:24;53:18 elements (2) 42:5;43:18 elevator (2) 8:15,18 eligible (2) 36:19;37:23 eliminate (2) 11:8,25 eliminated (1)
32:15 else (4) 22:22;29:11,16;
44:14 elsewhere (2) 30:13;31:6 email (1)
41:10 emission (2) 33:9;36:17 emissions (8) 10:9;12:18,20; 32:16,24;33:5,7;
37:16 enabling (1)
20:20 encompass (1)
32:4 encompasses (1)
32:3 encourage (2) 15:22;26:4 encourages (1)
48:20 end (5) 6:22;7:7;38:13; 40:9;53:22 engagement (2) 19:8;30:19 engrossed (1)
16:24 engulfed (1)
13:25 enhancing (1)
25:8 enjoy (1) 46:9 enough (5) 20:5;21:25,25; 32:20,20 ensure (5) 26:5,6;27:12; 34:11;51:4 ensures (1)
26:7 ensuring (1)
46:11 entire (3) 24:23;26:13;39:5 entities (1)
51:10 entity (1)
37:21 environment (10) 2:20;16:14,23; 22:8;25:2,8;28:14; 32:19;42:20;45:17 Environmental (12) 4:9;16:25;17:23; 18:25;24:9;26:6,7; 43:9,16;47:6;49:21,
22 environments (1)
19:23 EPA (68) 2:21;3:2,8,15,20, 22;4:2;5:7,10,16; 6:10;7:22;8:8;10:1,6, 13,17,19,22;11:3,5, 15,24;12:13,14; 13:15,19;14:12; 15:10,21,22;16:24; 17:8,17;18:2;20:17; 23:5;24:12,19;26:1, 12;27:8;29:4;30:7, 17;31:21;32:22;34:4; 35:14,18;37:1,4,4; 38:16;39:16;42:10; 43:17,22;46:17; 48:12;50:17,21; 51:19;52:2,9,12,16,
22 EPA's (34) 2:14,18;3:10;5:24; 11:6,7,22;12:3; 17:11;24:10;28:4,23; 30:15;34:6,8,24;35:1, 12;36:3,8,16;37:5,11, 14,20,25;38:7;49:6; 50:11,16;51:11,17, 20;52:20 Eric (4) 16:6;24:1,4,7 escalating (1)
36:6 especially (2) 15:6;17:2 establish (1)
11:18 established (2) 3:5;32:5 establishing (2) 20:21;43:5 evaluate (1)
42:23 evaluates (1)
3:2 evaluation (2) 30:8,9 even (5) 6:7;23:1;39:11; 42:15;48:24 event (21) 5:11;11:10,17,23; 12:1,2,9,13;25:4; 28:12;35:7,10,14; 36:2,5;42:19;43:11; 50:24;51:9,15;52:10 event-impacted (1)
36:20 Events (95) 2:14,17;3:16,19,20, 24;4:4,7,11,13,16,20, 22,22;5:1,9,24;9:20, 21,22;10:3,10,14,17, 21;11:1,3;12:5,14; 13:20,22;14:3,5,8,8; 15:5,7,11,22;17:3,6, 15,18,19,20;18:3,5; 19:16,17;24:11,15; 25:24;26:9;27:11; 28:7,8,16;30:1,4; 31:3;33:4,8;34:8,10, 15;35:1,13,19;36:6,7, 7,16,19;37:2,12,24; 43:6,16,23;44:2,7; 45:10,13;46:5;47:3; 49:2,23;50:15,18,22; 51:14,24;52:1,4,7 everyone (1)
2:2 evidence (2) 11:18;19:8 exacerbated (1)
30:24 example (2) 10:13;13:24 examples (1)
31:4 exceedance (3) 11:10;15:9;22:18 exceedances (4) 10:15;12:12;32:15;
43:6 exceeds (1)
3:1 except (1)
36:15 Exceptional (87) 2:14,17;3:15,18,19, 23;4:4,7,11,16,20,22; 5:1,9,11,24;9:20,21;

Min-U-Script® Griffin & Associates, LLC
602.264.2230 (4) dialogue - ExceptionalEnvironmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

10:3,10;11:1,17,23; 12:1,5,8;13:20,22; 14:3,4,8;15:5,11,22; 17:3,6,14,18,19;18:3, 5;24:11,15;25:4,23; 27:11;28:7,16;30:1, 4;31:3;34:8,10,15; 35:1,7,13,19;36:2; 37:2,12,23;42:11,19; 43:6,11,16,23;44:2,7; 45:10,13;46:5;47:8; 49:2,23;50:15,18,22, 24;51:8,15,24;52:1,4, 7,10 excess (1)
35:8 excited (1)
8:22 exciting (1)
19:19 exclude (2) 36:19;38:2 excluded (4) 10:18;11:13;37:16,
19 excludes (1)
10:2 excluding (1)
15:11 exclusion (7) 2:15;3:12;10:20, 24;19:22;20:14;
22:15 exclusions (2) 11:3;30:24 excuse (1)
26:25 executive (1)
34:1 existence (1)
19:4 existing (3) 10:4;24:15;35:6 expanding (1)
46:14 expansive (2) 15:23;22:10 expect (1)
7:5 expectations (1)
46:23 expects (1)
9:23 expedite (1)
11:1 expedition (1)
11:5 expenditures (1)
51:12 expense (1)
21:8 expensive (1)
47:2 experience (9) 24:22,25;26:3; 32:21;43:8,15;45:15, 23;48:25 experienced (3) 13:23;24:14;45:6 experiences (1)
19:19 experiencing (1)
42:18 expertise (1)
52:3 exploration (1)
9:15 exposure (1)
28:10 express (2) 9:25;17:16 extend (2) 47:13;49:13 extended (1)
43:3 extends (1)
38:16 extension (5) 14:13;18:11;26:24; 28:25;53:1 extensive (4) 14:11;18:12;31:14;
51:19 extra (3) 23:22;33:22,22 extraordinary (1)
35:17 extreme (1)
19:17

F

face (1)
46:11 fact (6) 6:1;17:7;21:11; 39:8;43:23;47:5 factors (2) 31:10,12 fairly (2) 21:4;33:9 far (2) 18:15;19:21 Farm (2) 41:23;43:4 farmers (2) 42:1;44:9 February (1)
16:21 federal (6) 13:8;19:1,9;30:2; 31:5;51:5 Federation (1)
41:24 feedback (3) 5:23;15:21;18:16 feel (9) 8:1,5;29:17;41:9, 12,15;45:4;46:20;
53:21 few (4) 6:3;19:15;23:12;
45:22 fiber (1)
42:4 fide (1)
50:21 fields (1)
42:16 file (1)
9:23 filed (1)
51:19 final (3) 8:8,9;18:18 finalize (1)
5:16 Finally (3) 26:22;49:12;52:23 find (2) 16:7;37:1 finding (1)
48:25 fire (36) 5:14;19:12,17,22; 20:1,5,14;21:7,10,11, 12,25;22:3,4,10,11, 11,15,16,17;23:11, 17,18,19;30:9,13,13, 24;31:6,15,25;32:3,7, 23;33:1;38:1 Fires (5) 30:3;37:11,13,21,
22 fire's (3) 20:15,20;23:7 firms (1)
9:17 First (7) 6:6;8:23;9:2;20:2; 35:23;45:3;51:25 fiscally (1)
46:8 fit (1)
25:24 five (9) 5:7;6:19,22;7:1; 29:14;33:25;40:3,9;
48:15 five-day (1)
48:22 flagging (2) 19:8;44:7 Flake (5) 17:8;18:8;28:25; 43:1;52:25 Flake's (3) 26:23;47:12;49:12 flexible (1) 11:20 floor (1)
8:17 fluctuations (1)
35:8 focus (3) 19:24;20:20;35:22 focused (1)
25:3 folder (4) 6:23,25;40:8,8 folders (2) 6:20;40:6 follow (1)
45:1 following (1)
5:13 food (3) 42:3,6,7 football (1)
23:14 forecasts (1)
48:22 foremost (1)
45:3 Forest (6) 18:24;19:1;20:24; 21:22;22:3;29:23 forested (1)
21:10 Forestry (1)
31:14 forget (1)
53:23 forgiveness (1)
30:18 formally (1)
18:10 formation (1)
45:21 Formerly (1)
16:20 forth (2) 18:7;27:8 forward (4) 27:12;29:5;32:17;
41:18 foster (1)
46:3 found (1)
31:15 FR (1)
3:16 free (7) 8:1,5;29:17;41:9, 12,15;53:21 frequent (1)
14:6 frequently (2) 28:14;44:1 friends (1)
53:21 front (2) 6:13;39:19 fuel (1)
23:17 fuels (1)
31:9 functional (1)
18:6 functionality (1)
17:2 fundamental (1)
21:21 further (1)
53:4 Furthermore (2) 12:16;14:2 future (6) 21:5,23;27:8;29:6; 36:18;51:8

G

GABRILOVICH (3) 2:9,9;13:3 gained (1)
24:24 garner (1)
19:20 Garrick (2) 27:21,25 gas (1)
9:11 general (1)
19:14 generate (1)
25:16 generates (1)
42:2 generation (1)
45:20 gentleman's (1)
44:20 gets (1)
53:17 Gina (1)
17:9 given (2) 18:15;51:25 gives (1)
7:22 giving (1)
53:11 glad (2) 8:12;29:18 goal (1)
50:13 goals (1)
23:9 goes (1)
21:7 Good (13) 2:1;9:5,7;14:20,21, 23;18:21;22:19,20; 24:6;27:22;41:21;

Min-U-Script® Griffin & Associates, LLC
602.264.2230 (5) excess - GoodEnvironmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

49:18 govern (1)
12:8 government (1)
28:11 Governments (4) 47:7;49:21,25;50:1 governs (1)
2:15 granted (1)
18:12 graphs (1)
33:7 grassroots (1)
41:25 grateful (1)
46:20 great (3) 15:2;48:6;52:25 greater (3) 12:10;14:25;21:13 greatly (2) 18:2;52:19 ground (1)
6:4 growing (1)
42:5 guess (1)
36:25 Guidance (22) 3:24,25;4:2,12; 9:20;12:23;14:7,10; 17:19;18:1,13,14; 20:18;28:7,24;32:13; 35:2,2,15;50:20; 51:21,21

H

habitat (1)
31:18 haboobs (4) 13:25;28:14;45:24;
48:25 hand (2) 21:7,7 happen (1)
44:1 happened (2) 23:11,14 happening (2) 19:12;23:13 happens (2) 31:22;32:16 happy (2) 27:16;38:10 hard (4) 13:13,14;33:25;
41:17 hardships (1)
24:14 headquarters (2) 17:22;20:10 health (9) 2:20;20:22;21:6; 30:15,20;34:18; 36:22;46:12;50:13 healthy (1)
46:10 hear (6) 6:14;8:22,23,25; 23:22;53:12 hearing (19) 2:5,11;5:22;6:5; 15:21;17:22;27:23; 29:5;39:5;41:12,14, 18;42:10;45:4,10,17; 49:15;53:13;54:5 hearings (2) 7:24;41:7 heavily (1)
24:17 heightened (1)
10:8 held (2) 26:8;31:23 help (3) 6:4,10;25:20 helping (1)
2:10 high (5) 4:23;11:16;13:21; 28:17;51:14 highlight (1)
47:4 Highlights (1)
4:25 historical (1)
35:8 historically (1)
22:5 history (2) 24:17;52:16 hold (1)
28:24 holding (4) 29:5;42:10;45:10;
49:15 holds (2) 6:23,25 home (1)
53:20 hopefully (1)
2:11 host (1)
17:21 hot (1)
16:18 hour (1)
53:24 hours (4) 20:3;23:14,15;
43:10 House (2) 16:20,23 housekeeping (1) 6:4 Huckins (4) 14:19,20,21,24 H-u-c-k-i-n-s (1)
14:21 human (3) 2:20;21:20;23:6

I

idea (1)
23:12 identified (5) 3:21;4:1;13:18; 17:24;22:21 identify (1)
37:6 ignored (1)
34:15 impact (3) 15:16;42:2;52:19 impacted (1)
36:15 impacts (7) 22:14;23:6;33:5,8; 34:18;37:13,23 implement (4) 3:16;27:7;34:12;
36:17 implementation (10) 3:21,24;4:1,2;26:3; 27:2;34:20,21;36:21;
46:2 implementing (4) 10:19;24:14,25;
35:3 importance (2) 14:2;18:3 important (13) 13:21;17:21;18:15; 19:21;20:11;21:18; 27:1,13;30:7;34:9; 35:5;43:22;45:5 importantly (1)
42:3 imposed (1)
51:4 improve (8) 2:19,24;24:20; 34:7;46:4;50:11,13,
22 improved (3) 30:9;46:21;52:17 improvements (3) 24:18;25:17;50:17 improving (2) 25:9;48:7 inadequacy (1)
10:23 include (4) 4:22,25;9:14;30:23 included (4) 6:17;36:9;40:1; 48:16 includes (2) 48:19;50:14 including (8) 17:5;28:5;35:6; 36:5;44:8;48:20; 51:20;53:1 increase (3) 4:6,19;22:11 increased (4) 21:7;30:20;31:2,6 increases (1)
22:13 increasing (2) 19:16;22:24 increasingly (3) 19:18;20:13;21:12 indicate (2) 6:20;40:7 industrial (1)
12:19 industry (3) 9:12;28:2;42:2 influence (4) 4:14;9:22;14:9;
17:20 influenced (1)
13:20 inform (1)
18:17 information (1)
7:4 initial (4) 5:9,12,19;50:20 Instead (1)
37:3 Institute (1)
9:9 instructions (3) 7:20;41:2;53:19 integrated (1)
9:15 intend (1)
26:19 intended (2) 4:19;11:4 intends (2) 5:16;12:21 intensities (1)
21:13 interaction (1)
52:16 interactions (1)
51:5 interested (2) 39:12;50:16 interesting (1)
8:24 Interim (3) 3:23;30:2;51:21 international (1)
12:17 interval (2) 23:18;32:4 intervals (2) 22:4;32:8 into (6) 19:6;21:23;25:24; 27:8;39:24;45:8 introduce (1)
2:7 intrusions (2) 4:24;10:15 involved (3) 15:25;24:17;50:4 involvement (1)
17:4 issue (9) 13:21;19:22;20:12; 28:7;32:12;34:19,20; 41:14;52:25 issued (1)
4:2 issues (17) 4:5,17;12:22; 13:17;17:2,5,24;19:2, 4,12;20:17;21:17; 25:22;38:9;47:10; 50:5;51:17 issuing (2) 3:23;35:2 items (1)
6:4

J

Janet (1)
17:12 January (5) 7:21;16:21;19:6; 41:4;53:16 Jeff (3) 17:8;28:25;52:25 Joaquin (1)
20:25 jobs (1)
9:12 Johnson (4) 33:21,24;34:1;
38:14 Joining (1)
2:6 Journal (1)
31:13 jurisdiction (1)
46:1 jurisdictions (1)
46:15 justice (1)
14:12

K

keep (3) 15:19;33:25;42:22 Kennedy (2)

Min-U-Script® Griffin & Associates, LLC
602.264.2230 (6) govern - KennedyEnvironmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

41:20,22 K-e-n-n-e-d-y (1)
41:22 key (2) 35:22;42:5 kind (1)
23:3 kinds (2) 23:3;42:14 King (1)
23:11 known (3) 2:17;42:8;50:1 knows (1)
51:19 Krishna (1)
2:8

L

laborious (1)
24:23 lack (1)
31:11 land (6) 19:2,9,25;20:5; 21:23;23:6 landscape (6) 22:1,10;23:18; 31:7,16;42:13 landscapes (1)
22:4 language (3) 5:3;12:8;37:14 large (2) 9:14;24:25 largely (1)
30:24 largest (1)
48:2 last (5) 5:7;13:7;28:6; 32:12;38:16 lasting (2) 25:17;28:21 later (4) 7:18;23:23;33:7;
41:1 lead (4) 10:15;25:7;29:1;
31:7 leadership (2) 26:23;46:8 leading (3) 25:17;46:19,24 learned (2) 26:3;43:15 leave (2) 7:15;38:18 left (4) 6:21;8:15,19;40:7 Legacy (2) 18:24;29:24 legislature (1)
16:22 lengthy (1)
42:24 less (2) 33:4,4 lessen (1)
51:9 lessons (2) 26:2;43:14 letter (3) 18:8;32:13;42:25 letters (2) 20:18;33:6 Lev (5) 2:9,9;6:20,23;40:6 level (3) 24:12;32:17;33:9 levels (3) 13:22;36:23;48:23 lieu (1)
38:1 life (2) 25:9;42:4 lightning (1)
12:15 likely (2) 21:20;32:2 limited (6) 22:8,8,9;27:5; 31:10;33:2 limits (1)
31:24 Lindy (2) 49:17,19 L-i-n-d-y (1)
49:19 line (1)
32:17 listen (6) 2:13;7:2;24:13; 29:13,18;40:11 listening (2) 17:10;51:22 literally (1)
38:15 little (1)
33:17 live (2) 22:3;25:20 living (1)
46:10 LLC (1)
13:9 lobby (2) 8:15,18 local (8) 16:25;46:1,4,25; 50:10;51:5;52:3,12 location (2) 8:18;45:16 locations (1)
45:22 long (1)
33:24 long-standing (2) 34:25;35:16 look (2) 23:10;29:5 looking (1)
41:18 looks (2) 23:14,20 loose (1)
42:14 lose (1)
43:22 loss (1)
20:15 lot (5) 19:20;20:23;21:17, 24;31:24 lots (2) 38:5;44:5 low (1)
33:9 lunch (2) 38:23;39:1

M

Madam (1)
14:21 MAG (11) 49:9;50:1,4,10,16, 25;51:10,17,19,23;
52:18 magnified (1)
14:3 magnitude (1)
23:13 mail (2) 40:24;41:10 main (1)
20:12 mainly (1)
19:1 maintain (1)
32:5 maintained (1)
3:10 maintaining (1)
20:21 maintenance (3) 32:4;36:10;37:8 majority (1)
15:4 makes (2) 11:24;48:1 make-up (1)
30:18 making (7) 8:8;10:3,7;25:4; 31:3;37:22;42:19 manage (1)
2:11 managed (1)
21:7 management (7) 19:2;20:6;22:20; 23:16;30:6;33:10;
34:4 manager (1)
13:8 managers (5) 19:9;21:23;23:7; 38:1,1 managing (1)
19:25 manner (2) 51:6;52:12 Manufacturers (2) 28:2;29:4 many (15) 11:15;13:21;15:15; 20:9;27:1;31:10,23, 23,23;34:25;38:7,7; 44:3;45:17;49:5 March (1)
3:16 Maricopa (13) 44:23;45:6;46:6; 47:5,7,23,25;48:13; 49:20,25;50:3,7,25 marine (1)
9:16 marketing (1)
9:16 Massey (6) 16:6;24:2,5,6,7;
27:19 materially (1)
36:22 materials (2) 7:19;49:8 matter (6) 26:23;34:9;43:7, 25;44:3,5 matters (2) 22:22;42:8 may (21) 3:7,23;7:3,5,9,10; 8:13;9:3,22;10:15; 12:13,13;14:9;17:20; 18:17;23:21;33:22; 40:12,13;44:3;50:17 maybe (3) 16:6;22:5;23:23 McCabe (1)
17:13 McCarthy (2) 17:9;18:9 MCKAUGHAN (32) 2:1,4,10;12:25; 13:4;14:15,18;16:1,3, 5,10;18:19;23:21; 24:1,4;27:20;29:7, 16;33:13,20;38:12, 19,23;39:2;44:10,18; 47:19;49:16;53:3,7, 10;54:4 McNeely (6) 44:25;45:1;47:16, 20,21,22 M-c-N-e-e-l-y (1)
47:22 mean (1)
23:18 meaning (1)
20:1 meaningful (5) 14:12;23:4,5; 32:23;33:1 means (3) 7:4;12:17;40:8 meant (1)
46:3 measures (9) 36:4,9,18,22,24; 37:1,7;48:16,19 mechanical (5) 23:16;31:5,9,10,16 medical (1)
21:1 meet (1)
36:11 Meeting (2) 11:11;52:20 meets (1)
3:1 member (4) 15:1;16:14;40:12;
46:6 members (5) 2:7;9:14;14:22; 28:3,24 mention (1)
29:24 mentioned (3) 14:23;15:19;53:15 meteorology (1)
45:19 methods (2) 50:22;53:17 mic (1)
6:13 microphone (1)
39:18 might (2) 37:2;53:8 Mike (3) 14:19,20,24 M-i-k-e (1)
14:21 miles (1)
47:25 million (3) 9:12;19:3;48:1 mines (1)
13:14 minimal (2) 22:13,13

Min-U-Script® Griffin & Associates, LLC
602.264.2230 (7) K-e-n-n-e-d-y - minimalEnvironmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

Mining (4) 13:9,12,13;14:13 minute (3) 6:24;21:15;40:8 minutes (7) 6:19,22;7:1;29:14; 33:23;40:3,9 mispronouncing (1)
9:3 mission (5) 2:18;25:24;46:7; 48:4,6 mitigate (1)
34:18 mixed (2) 16:18,18 moderate (1)
48:10 modify (1)
11:22 modifying (1)
17:14 money (1)
51:1 monitor (1)
48:23 monitored (3) 13:22,24;14:4 monitoring (5) 3:4,8,9;4:14;10:20 monsoon (1)
42:12 monsoonal (1)
44:1 month (1)
28:6 months (1)
28:15 more (44) 4:25;5:3,25;7:3,10; 8:4;9:14,23;10:7,12; 11:20;12:22;18:6,12; 19:18,21;21:5;22:22; 23:23;25:16;26:4; 27:10;29:1,8,10,14; 33:3,15;35:2;38:5; 39:7;40:4,10;42:3,20, 22;43:20;44:1;45:22; 46:24;47:14;49:13; 51:25;52:11 morning (11) 2:1;9:5,7;14:20,21, 23;18:21;24:7;27:22; 29:8;39:4 most (8) 17:2;25:4,5,11; 31:17;45:24;48:2;
51:6 mostly (1)
19:11 mountain (1)
31:18 moving (1) 27:12 much (28) 6:20;7:22;13:4; 14:3,14,15;15:13,24; 20:8,19;21:5;23:20; 24:6,24;27:19;28:3; 33:11,14;40:7;41:5; 42:20;44:10;47:19; 49:16,18;53:3,10;
54:2 multi-year (1)
3:22 must (5) 7:21;30:23;36:5; 41:4;52:14

N

NAAQS (4) 2:23;3:1,3;5:14 name (20) 2:4;6:12,16;9:5,7; 13:6,7;14:20,24; 16:12;18:21;24:7; 27:25;29:13;34:1; 39:18,22,23;41:21;
44:20 nation (2) 13:25;25:7 National (5) 2:22;3:4;5:20; 9:10;27:4 nation's (1)
2:19 natural (11) 4:22;9:11;12:18; 20:1;22:3,16,17; 26:9;30:14;32:3;
45:19 naturally (1)
28:11 nature (2) 14:11;45:25 near (1)
21:25 nearly (1)
47:7 necessary (5) 18:16;24:20;27:13; 37:7;46:9 need (14) 7:3;8:16;10:1,5,8; 14:6;22:10;23:1; 32:7,21;40:4,10; 42:4;51:10 needed (3) 2:19;32:9;35:18 needs (4) 22:11;25:12;31:2;
51:25 network (2) 3:5,9 Nevada (2) 19:2;31:15 new (7) 5:13;10:16;12:7; 27:7,7;28:7,24 news (2) 14:1;19:20 newscasts (1)
19:16 next (14) 7:7;14:19;16:5,7; 18:20;23:22;29:19; 33:21;40:15;41:20; 44:11,19;47:20;
49:17 night (1)
14:1 nightly (1)
19:16 non-anthropogenic (1)
10:9 non-attained (1)
10:18 non-attainment (7) 28:19,20;36:9,10; 48:9,12;50:8 non-profit (1)
46:16 North (1)
31:13 not-attainment (1)
48:13 note (3) 15:12;35:5;42:25 noted (1)
21:4 notes (1)
12:14 notice (2) 4:3;31:5 notification (4) 5:10;21:2;48:21,22 November (3) 4:9;17:9;18:8 number (6) 19:16;25:1;26:25; 37:11;43:14;46:17

O

objective (1)
52:6 obligation (2) 35:7,9 obvious (1)
11:16 occasionally (1)
40:12 occur (1)
28:16 occurred (2) 43:12;52:4 occurrence (1)
43:25 occurring (2) 12:2;28:11 October (2) 5:17;10:13 off (7) 16:7,9;32:1,25; 33:14;38:21;44:11 offer (3) 9:18;30:6;31:4 offers (1)
5:22 office (5) 17:8,11;20:10; 41:18;50:11 offices (1)
3:20 official (2) 7:16;40:18 officially (1)
54:4 offline (1)
22:24 oftentimes (1)
35:3 oil (2) 9:11,15 once (3) 7:6;29:3;40:14 one (10) 6:11,24;7:24;8:11, 14;9:2;32:12;39:17; 40:8;41:7 one-time (1)
43:25 only (3) 5:2;9:10;52:12 openness (1)
20:10 operations (1)
16:19 opportunities (1)
8:2 opportunity (13) 5:23;8:23;12:21; 13:16;17:11,17;20:8; 24:10;27:15,23;34:5; 38:4;47:17 oral (5) 5:23;8:8;24:10; 26:20;41:9 order (3) 14:11;36:19;43:10 organization (3) 5:8;34:3;41:25 organizations (3) 18:25;28:9;46:16 organization's (1)
28:3 otherwise (4) 26:10;29:11;33:16;
40:23 Otto (3) 41:20,21,22 O-t-t-o (1)
41:22 out (8) 6:9;16:7;21:2,24; 29:12;39:15;41:3;
53:19 outcomes (1)
25:16 outlined (1)
36:24 outputs (1)
33:9 outreach (2) 30:21;48:20 outside (1)
6:2 Over (7) 19:15;23:19;28:9, 10;42:2;47:10;48:1 Overall (1)
26:11 overly (1)
44:8 overseas (1)
12:19 oversees (1)
2:23 overwhelmed (1)
21:12 own (2) 12:5;16:13 ozone (12) 4:14,24;5:21;9:22; 10:12;14:4,9;17:21; 27:4;28:8;48:9;50:8

P

package (2) 26:14;32:10 Page (2) 21:15;23:11 Palma (1)
20:9 panel (4) 2:6,6;14:22;40:12 Part (8) 2:18,21;22:7; 24:25;30:8,14;32:10;
53:12 participate (1)
48:21 particular (6) 11:7,24;24:16; 37:14;42:12;43:24 particularly (3) 20:25;22:2;52:24 particulate (4) 42:8;43:7,25;44:4 partnering (1)
46:14 partnerships (1)
25:25

Min-U-Script® Griffin & Associates, LLC
602.264.2230 (8) Mining - partnershipsEnvironmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

parts (1)
51:13 past (7) 10:13;19:15;43:8; 50:24;51:15,20,22 patients (1)
21:3 pending (2) 50:16;52:11 people (6) 7:8;25:9;31:24; 33:18;39:3,12 people's (1)
8:23 per (1)
16:15 percent (5) 9:13;31:16,20,23;
48:15 percentile (1)
21:13 period (13) 8:6;14:14;18:11; 26:24;29:1;30:18; 38:16;43:2;47:13; 49:11,13;53:2,22 periods (1)
22:9 permit (1)
18:12 personal (1)
20:23 pertaining (1)
19:17 Petroleum (1)
9:9 Phil (1)
47:16 Philip (2) 47:20,21 P-h-i-l-i-p (1)
47:22 Phoenix (6) 14:25;15:2;45:9; 47:24;49:15;50:5 physical (1)
46:12 pick (1)
7:20 picking (1)
42:13 picture (2) 21:15;23:11 Pinal (1)
50:6 pipeline (1)
9:16 place (4) 28:18;36:4,5;44:4 places (1)
47:24 plan (8) 22:20;27:3;34:21; 39:17;48:15,16,19;
49:9 planned (1)
10:25 planning (3) 6:7;39:11;50:2 play (1)
45:20 player (1)
32:19 please (11) 6:9,12,15;7:14;8:5, 11;39:15,19;40:17; 41:12;46:2 pleased (1)
20:16 pm (9) 38:22;39:1,1; 44:17,17;54:3,3,5,7 PM-10 (4) 48:12,13,23;50:9 podium (4) 6:13;27:21;39:18;
44:21 point (4) 32:7;41:5;44:15;
53:14 policy (5) 9:8;10:8,10;19:1;
30:3 pollutant (1)
30:12 pollutants (1)
2:23 pollution (5) 34:13,22;36:23; 45:21;47:10 populated (1)
48:3 poses (1)
45:17 position (1)
28:24 positive (3) 19:7,10;24:23 possible (2) 51:6;52:19 potential (4) 5:10;24:18;28:10,
18 pounding (1)
31:21 Power (1)
27:3 ppb (1)
10:16 practicable (1)
18:6 practices (1)
22:20 preamble (2) 30:4;36:25 preliminary (1) 9:18 Preparation (3) 9:21;14:7;17:19 prepare (1)
47:2 preparing (2) 3:19;47:8 Prescribed (2) 30:3;37:21 prescriptions (1)
31:17 present (4) 10:23;11:4,8;39:19 presented (1)
38:17 presenting (1)
21:14 preserve (2) 2:18;26:16 president (1)
16:15 prevent (1)
2:25 preventable (4) 5:6;21:19;22:18;
35:24 prevented (1)
26:10 previous (2) 32:5;37:3 primary (2) 30:15;31:11 prior (3) 8:8;9:24;12:23 priorities (1)
51:23 private (3) 46:15;47:2;48:18 probably (1)
38:15 procedural (1)
26:17 proceedings (1)
54:6 process (17) 3:22;4:8,21;11:2; 18:4;20:1;24:20,23; 30:14;35:13;43:21; 44:6;46:23;50:18; 51:8;52:1,6 processes (3) 12:15;25:6;26:4 produce (3) 23:4;42:3,7 producers (1)
16:17 production (1)
9:16 productive (2) 25:6;53:12 Products (1)
16:15 program (9) 10:1,4;30:6,8,13; 31:25;33:1;48:20,21 programs (7) 2:24;27:1,3,7,8,14;
33:10 progress (1)
48:6 prompt (1)
52:9 promulgated (1)
3:15 promulgating (2) 3:18;10:12 promulgation (3) 4:6,18;5:13 proper (1)
18:15 properly (1)
25:12 proposal (19) 4:25;10:14;11:4,7, 22;35:1,19,25;36:8, 16;37:11,20,25;38:7; 39:8;45:12;46:19,21;
47:13 proposals (1)
21:17 propose (1)
13:16 proposed (45) 2:14;4:10,13,15, 17;5:24;6:1,18;7:17; 8:24;9:19;12:23; 13:17;15:4;17:17,25; 18:13,14;19:6;20:18, 19;24:10;25:23; 27:11;34:5,24;35:6; 40:1,19;42:11,21; 43:18;46:19,22; 47:14;48:10;49:6,7, 14,23;51:13,16,17; 52:6,18 proposes (1)
35:14 proposing (3) 12:7;37:11,14 protect (2) 2:20;32:6 protecting (2) 20:22;25:8 Protection (6) 4:10;21:6;26:6,7; 31:18;49:23 protections (1)
36:23 prove (1)
43:11 provide (16) 4:19;5:23;8:5; 11:4;12:10,16;14:12; 24:10;26:17;27:9,10, 23;36:22;37:7;46:8;
48:5 provided (6) 3:11;5:6;17:10; 18:17;24:21;26:20 providing (1)
49:9 provisions (1)
30:5 public (32) 2:5;4:12;5:22,22; 7:24;14:24;17:22; 20:22;21:6;26:24; 27:1;28:25;29:5; 30:9,14,20;32:6,9; 33:5;34:18;36:22; 41:7;45:10;46:9; 47:2;48:18,20,21; 49:10;52:21;53:1,22 punitive (1)
30:19 purpose (1)
34:10 pursue (2) 4:3;21:5 put (5) 7:15;18:7;27:8; 38:5;40:18 putting (1)
47:9

Q

quality (54) 2:15,19,22,24,25; 3:1,4,9,10;5:20;10:2, 7,16,20;13:10,12,20; 16:25;17:1,5,23;20:1, 4,7,17;23:6;24:8,9; 25:9;27:4;28:18; 30:2;31:21;34:4,14, 16;35:10;36:15;37:8, 13,15,23;38:1,2;43:9, 24;47:6,16,23;48:4,7; 50:2,5,12 quality's (1)
43:16 quantitative (1)
11:14 quickly (1)
23:10 quite (1)
42:24

R

radiation's (1)
17:12 raised (4) 4:5,17;12:23;45:14 ranchers (2) 42:1;44:9 range (1)
31:19 rarely (1)

Min-U-Script® Griffin & Associates, LLC
602.264.2230 (9) parts - rarelyEnvironmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

19:20 rather (1)
35:2 reached (1)
40:9 read (1)
45:7 readings (1)
28:18 ready (3) 16:18;33:18;52:21 real (1)
51:12 really (6) 20:10;22:22;31:24; 41:18;47:4;53:11 realtime (1)
48:23 reason (1)
32:18 reasonable (3) 30:22;37:2;43:5 reasonably (7) 5:6;21:19,19; 26:10;31:1;35:24;
36:4 receive (5) 7:23,24;41:6,7;
48:22 received (2) 7:21;41:4 receiving (1)
52:21 recent (4) 10:6;20:17;22:23;
36:10 recently (2) 43:1;49:23 Recess (5) 24:3;33:19;38:22; 44:17;54:3 recognition (3) 12:3;30:23;51:11 recognize (4) 10:6;26:22;46:2,17 recognized (2) 10:1,13 recognizes (2) 11:15;26:12 Recognizing (4) 3:7,25;10:22;18:2 recommendations (4) 5:20;20:20;46:18;
49:10 reconvene (2) 33:21;39:3 record (18) 2:3;6:17;7:11;16:7, 9,11;24:7;27:25; 29:23;33:14,16; 38:21;39:12;40:1; 44:11,19;45:8;47:21 records (1) 39:23 recovery (1)
30:20 recreate (1)
25:21 recur (2) 21:20;32:2 recurring (1)
36:6 red (3) 6:25;23:13;40:8 reduce (2) 15:23;51:3 reduced (1)
30:11 reduction (1)
31:9 Reeve (3) 16:11,12,12 R-e-e-v-e (1)
16:13 refer (1)
21:14 referenced (1)
30:4 refining (1)
9:16 refreshing (1)
22:21 regard (4) 11:6;43:24;51:11,
23 regarding (3) 15:21;17:13;31:1 regardless (1)
34:16 regards (1)
42:21 regime (3) 22:3,16,17 region (7) 19:13;28:5;31:15; 32:22;45:21;48:25;
50:11 regional (3) 46:8;50:2;52:15 region's (1)
28:10 register (2) 29:17;30:2 registered (6) 7:8;29:8;31:5; 38:20;44:12;53:4 registration (13) 6:2,7,9;7:15,19; 8:11;29:12;39:9,11, 15;40:18,21;41:13 regular (1)
32:8 regularly (1)
28:16 regulated (1)
15:14 regulation (6) 10:23;20:2,4;34:5, 8;35:2 regulations (5) 2:16;10:19;15:15, 23;46:2 regulators (3) 20:25;21:22;32:22 regulatory (17) 2:16;3:11;5:2;10:3, 24;11:13;12:7;13:8; 17:1;19:7;22:8; 30:18;32:18;33:2; 37:17,19;42:9 reiterate (1)
37:3 relate (2) 43:6,23 related (8) 5:14;14:10;19:7; 20:4;35:23;37:10; 45:14;47:8 relation (1)
49:22 relationship (1)
11:19 relevant (5) 30:12;31:25;36:9; 37:8;52:2 Reliance (1)
31:4 relied (1)
48:16 rely (1)
52:2 Relying (1)
5:5 remain (1)
52:14 remains (3) 12:20;49:3;52:2 remarks (4) 27:16;47:15;53:5,8 remedy (1)
22:14 removal (2) 35:6,9 remove (1)
15:16 removing (1)
5:11 reopen (1)
45:12 repeat (1)
39:4 reported (2) 19:21;32:17 reporter (2) 6:16;39:22 reporting (2) 19:9;21:24 represent (2) 18:25;49:20 Representatives (1)
16:21 representing (4) 13:11;18:22;29:23;
41:23 represents (4) 9:11;13:13;15:1;
16:17 request (11) 5:11;16:15;18:7, 11;26:24;30:17;36:2; 47:12;49:13;51:11;
53:1 requested (1)
33:22 requesting (2) 14:13;43:2 require (2) 11:14;36:16 required (5) 5:19;11:19;34:11; 36:2,25 requirement (4) 11:8,11,20,25 requirements (1)
15:17 requiring (1)
5:9 residents (3) 46:9;48:1,5 resilience (2) 20:15;31:7 Resolution (1)
52:11 resource (1)
52:22 resources (9) 20:24;27:6,13; 34:2;35:17;46:14,25; 47:2,10 respect (1)
52:10 respectfully (1)
18:10 respond (2) 8:9;46:18 response (5) 25:25;29:1;44:16; 53:6,9 responses (1)
27:6 responsibility (1)
37:5 responsible (2) 26:9;46:8 result (6) 10:18;23:4,5,20; 26:19;30:12 resulting (2) 28:11;37:23 results (1)
21:14 return (3) 22:4;23:18;32:3 review (8) 8:7;12:5,8;14:11; 18:12;31:14;47:14;
49:14 reviewing (4) 3:20;26:13;50:19;
51:17 revise (5) 4:4;10:25;28:6; 35:1;45:13 revised (2) 5:13;38:2 revising (1)
5:3 revision (5) 2:14;28:23;32:3; 43:13,18 revisions (20) 4:10,13,16,17;5:17, 24;9:19;17:5,18; 18:14,18;20:18; 24:11;27:11;30:1; 34:25;42:11;49:6; 51:7,17 Right (4) 21:16;29:14;43:19;
45:5 rising (1)
48:23 risk (1)
30:12 road (1)
39:4 roads (2) 31:11;42:15 robust (1)
20:16 rock (3) 13:13,14;16:15 role (9) 20:15,21;21:10; 23:8;30:15;31:8; 36:12;43:13;45:20 roll (2) 28:14;42:13 room (1)
6:13 roughly (3) 19:3;22:2;31:15 routine (1)
12:18 Rule (88) 2:14,17;3:16,19; 4:5,6,7,11,13,16,17, 18,20;5:1,3,16,24; 6:1,18;7:17;8:24; 9:20;11:1,8;12:23; 13:16,18;14:3,7,10; 15:5,13,17,22,24; 17:3,6,15,18,18,25; 18:5,13;24:11,15,17, 25;25:24;26:12,17;

Min-U-Script® Griffin & Associates, LLC
602.264.2230 (10) rather - RuleEnvironmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

27:11;28:7;30:1,4; 31:3;34:10,24;35:4; 37:2,12,14;38:2; 39:24;40:2,19;42:21, 24;43:2,19;45:10,13, 15,18;46:5,20,21; 47:8,14;49:2,6,7,14, 24;50:19;51:13,16; 52:6,19 rulemaking (4) 4:4;8:9;22:21;
50:17 rules (5) 6:4;27:7;35:6; 39:4;42:11 ruling-making (1)
20:18 run (1)
6:5

S

safe (1)
46:10 safely (1)
32:9 safety (3) 20:22;30:10;32:6 same (7) 4:2;8:18;10:22; 25:8;26:5;28:24;
36:11 San (1)
20:25 sanctions (1)
28:11 satisfaction (1)
36:3 satisfy (2) 5:5;10:4 scale (3) 22:23;31:10;32:23 schedule (3) 11:23;23:24;40:5 scheduling (2) 17:9;52:20 scope (1)
5:1 scrutiny (1)
31:2 season (1)
42:12 second (2) 37:10;52:5 Section (5) 3:5,13;35:24; 36:24;37:11 sector (2) 46:15;48:18 seeing (1)
21:24 seeking (1)
11:12 seem (2) 40:5;51:9 seems (4) 10:6;11:13,20;
43:14 seismic (1)
4:24 Senator (8) 17:8;18:8;26:22; 28:25;43:1;47:12; 49:12;52:25 send (3) 40:23,25;53:21 senior (1)
9:8 sense (2) 11:24;36:24 separate (3) 30:8;41:14,14 serious (1)
48:11 serve (1)
49:21 served (1)
16:20 serves (1)
50:1 service (3) 9:17;20:25;21:23 services (1)
46:9 session (2) 17:10;51:22 set (3) 6:20;36:17;40:6 several (2) 15:12;35:5 share (2) 33:6;53:21 sheet (1)
39:8 sheets (1)
6:1 short (1)
42:22 show (4) 7:12;33:7;35:7,9 Sierra (5) 18:23;19:2;22:3; 29:23;31:15 sight (1)
43:22 signal (2) 6:24,25 signed (2) 6:8;39:14 significant (5) 23:16;30:19;45:20; 49:4;51:16 simplification (1)
11:5 simplify (1)
11:1 SIP (4) 5:5,7;34:12;37:4 SIPs (1)
36:10 situations (2) 3:13;5:12 six (3) 23:14,15;30:5 slope (1)
31:23 slopes (2) 31:11,20 smoke (4) 22:20,20;30:6;
33:10 smoothly (1)
6:5 soil (1)
42:7 sole (1)
32:19 soliciting (1)
15:21 solutions (2) 25:12,17 somebody (1)
53:24 sometimes (1)
7:5 somewhere (1)
44:25 Soon (1)
3:18 sooner (1)
38:21 source (1)
34:17 sources (6) 10:9;34:13,22; 42:14;44:4;45:19 Southwest (2) 13:21;42:19 speak (14) 6:7,8,15;7:8,12; 8:2;17:11;29:12,17; 39:11,14,21;44:14;
47:17 speaker (16) 6:19;7:7;9:2; 14:19;16:5,8;23:22; 29:20;33:21;40:3,15; 41:20;44:12,20; 47:20;49:17 speakers (9) 6:11;7:10;9:2; 29:8;33:15,17;38:25; 39:17;53:4 speaker's (1)
6:12 speaking (2) 16:13;45:24 specific (4) 3:12;5:11;24:22; 25:1 specifically (2) 27:3;45:22 specified (1)
11:8 spell (2) 6:16;39:22 spelled (1)
41:3 spelling (1)
39:23 spending (1)
41:16 spent (2) 43:9;47:7 square (1)
47:25 staff (9) 6:10;7:14;8:11; 17:13;22:24;39:16; 40:17;41:12;51:1 stages (1)
27:2 stakeholders (6) 4:5,18;17:10;28:4; 29:2;45:14 stand (1)
52:21 Standard (7) 5:21;10:16;27:4; 37:9;48:14;50:8,9 Standards (6) 2:22;10:7;15:9; 36:15;43:7,24 start (4) 9:1;25:21;38:25;
48:23 started (3) 2:2;6:3;41:19 startling (1)
33:8 state (32) 2:23;5:10;6:15; 10:19;13:8,14,18; 14:6;16:25;17:25; 19:13;24:24;25:10, 20;26:18;32:25;34:3, 11,21;36:17;39:21; 42:1,3;44:8;46:4,25; 48:17;50:10,25;51:5; 52:3,12 stated (1)
10:25 statement (4) 21:9;27:24;32:13;
39:5 statements (1)
22:17 states (22) 5:18;11:2,9,12,25; 24:14,16,19;26:1,2,7; 27:5,9;34:2,9;35:3, 18,22;36:2,25;51:10; 52:1 state's (2) 37:4,5 statewide (1)
16:19 status (1)
3:2 statute (1)
11:19 statutory (1)
3:12 steep (1)
31:11 Steichen (4) 9:3,5,6,8 S-t-e-i-c-h-e-n (1)
9:6 stemming (1)
20:14 step (4) 6:9;29:12;39:15;
43:19 steps (1)
15:11 Steve (3) 44:20,21,22 S-t-e-v-e (1)
44:22 stick (1)
54:2 still (8) 26:13,15,17;27:12; 46:21;48:8;49:7;
50:19 stop (2) 7:1,19 storm (1)
43:12 storms (10) 4:23;15:7;28:14; 42:13;44:1;45:23; 47:9;49:1,4;51:14 strategic (1)
31:9 stratospheric (2) 4:23;10:15 streamline (4) 35:12;43:20;46:22;
51:7 streamlined (1)
52:8 streamlining (3) 14:2;18:3;35:16 stretched (1)
27:5 stringent (3) 10:7,12;48:19 strive (1)
51:3 strongly (2) 32:11;34:6 stumbling (1)
11:12

Min-U-Script® Griffin & Associates, LLC
602.264.2230 (11) rulemaking - stumblingEnvironmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

Subcommittee (2) 13:10,12 subject (1)
36:6 submission (1)
35:21 submissions (1)
12:10 submit (9) 5:19;8:2,6;11:25; 12:22;19:5;26:19; 40:21;41:9 submittal (1)
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Min-U-Script® Griffin & Associates, LLC
602.264.2230 (12) Subcommittee - wishEnvironmental Protection Agency's Proposed Revision to the Exceptional Events Rule Public Hearing

December 8, 2015

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602.264.2230 (13) within - 95th