As US wildfires pollute the skies, a loophole is obscuring the impact. Can it be fixed?

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Experts agree it’s time to change the Clean Air Act’s exceptional events rule – but offer different solutions.

Without reform, the exceptional events rule is likely to become more regularly used, and distract from the growing problem of wildfire smoke.Without reform, the exceptional events rule is likely to become more regularly used, and distract from the growing problem of wildfire smoke.

“The best advice a Boy Scout will give you is, ‘Don’t stand downwind of the campfire,’” said Frank Steitz, an assistant director at the New Jersey department of environmental protection.An obscure part of the Clean Air Act grants regulators an opening to “forgive” air pollution from wildfires, meaning that it doesn’t count against air-quality goals.

This year, said Michael Benjamin, the air quality and planning chief at the California air resources board , he and his western colleagues “felt really bad” for eastern cities affected by Canadian fires. “But part of us, especially when it was impacting Washington DC, we said, well, good,” he remembered. “Now the policymakers really understand what it means to be exposed to wildfire smoke. And maybe they’ll start to think seriously about how to mitigate it.

“Lowering the annual standard will require more exceptional event demonstrations, resulting in a significant increase in workload for the state of Arizona and Maricopa county, with no benefit to air quality or public health,” wrote that county’s department of air quality, commenting on the EPA’s proposed soot standard.

Near the California-Oregon border, the Mid Klamath Watershed Council advocates for a healthy ecosystem, which the director, Will Harling, said includes the return of beneficial fire. Obstacles to such planned burns, coupled with forgiveness offered wildfires, he said, are why his children “have smoked the equivalent of about 20,000 packs of cigarettes while they’re in their teens”.

States and their advocates generally seek liberation from regulatory paperwork. Republican senators, led by Shelley Moore Capito of West Virginia, recently introduced legislation aimed in part at making filing for exceptional events easier. Though the EPA strips exceptional events-related data from regulatory use, epidemiologists and health experts continue to analyze air quality using unmodified data,. In its annual State of the Air report, the American Lung Association has always included pollution exceedances that exceptional events would leave out, said Will Barrett, a clean-air expert for the group.

 

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