Western Governors have sent comments to the Environmental Protection Agency (EPA) on its proposed rule, Treatment of Data Influenced by Exceptional Events (the Exceptional Events Proposal), under the Clean Air Act (CAA), and the related Draft Guidance on the Preparation of Exceptional Events Demonstrations for Wildfire Events that May Influence Ozone Concentrations (the Draft Guidance).
The outreach, sent on Feb. 3, 2016, expressed Western Governors' appreciation for state concerns addressed in the Exceptional Events Proposal and Draft Guidance. The comments also communicated continued concerns over the proposed rules' retention of ill-defined criterion, such as “not reasonably controllable or preventable."
The comments emphasized: "Western Governors support EPA’s effort to improve the exceptional events rule and submission process. A review of EPA’s proposal shows that, while the agency has taken state concerns into account in certain circumstances, there are several additional steps the agency should take to ensure states’ obligations are commensurate with regulatory authority delegated to states in the CAA."