Statement of Sen. James Inhofe
Oklahoma City, OK, November 13, 2000

Today's hearing will look at the issue of weather related events on air quality and nonattainment status. We selected Oklahoma City because of the nonattainment days in 1998 which were a direct result of the fires in Mexico. I'm sure many of you remember those fires and the effect it had on the air here in Oklahoma. In addition to fires, many other weather related or natural events such as exceptional humidity, volcanic activities, dust storms, etc., can cause areas to violate the air quality standards.

In addition to creating air quality problems, these events trigger the air monitors causing local areas to violate the air standards, resulting in nonattainment days. It is important to realize that these violations are caused by naturally occurring events, not man-made sources. Therefore. states and local governments should not be penalized for these violations. I believe on this point the EPA agrees with me.

The EPA has a process for states to submit data to the EPA in order to request a waiver for particular dates, due to natural events such as the Mexican fires. The problem arises concerning the process EPA uses to make determinations and to grant waivers. For the Mexican fires they granted some dates for most states, but their decisions contradicted the recommendations from the states. I hope today we can get a better understanding of how the process works.

- What information do the states use in seeking waivers?

- What is the process the EPA uses to examine the data?

- What is the process EPA uses for making the decision?

Over the last two years I have received conflicting information from EPA officials on these questions. I hope we can get the definitive answer today.

The dates in question from the Mexican fires involve the ozone standard. These naturally occurring events such as fires will also play a role in the Particulate Matter standard, if the Supreme Court rules in EPA's favor; and it will play a role in the Regional Haze rule, which I know will have a big impact on the state of Colorado.

With the increasing number of fires, particularly controlled burns on federal land, the impact on designations and nonattainment days will continue to grow. Because of this, I believe it makes more sense to provide the governors with the clear ability to have such dates disregarded when it is shown that noncompliance is caused by these natural events."

Therefore, I will be introducing a bill tomorrow when I return to Washington, D.C., which will require the EPA administrator to disregard monitoring data if the data has been influenced by exceptional events such as fires, if it is requested by the governor of the state.

I do not intend to move the bill this year, but instead I intend for it to be wrapped into Clean Air Reauthorization next year. I will not put any of the witnesses on the spot by asking them to comment on the bill, but if you like you are free to comment on the ideas behind the bill.