Abstract

In 2016 the EPA revised the Exceptional Events Rule of the Clean Air Act (CAA) making important changes to what types of air quality events are considered exceptional. The rule allows “exceptional” air quality events to be excluded from the dataset used to determine air quality violations, specifically attainment and nonattainment. These exclusions allow air quality levels to remain above standards, yet simultaneously appear safe. This policy analysis focuses on the revisions and asks two questions. What are the negative consequences in how the rule defines exceptional events? Does this rule support the primary goal of the CAA? The paper analyzes four exclusion criteria, focuses in on air pollution from dust storms, and draws on a case study of Lamar, Colorado. It returns to the original questions to argue, first, that the rule allows common events to be excluded from the dataset, and second, works against the ultimate goal of the CAA.

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