Bill Harnett WESTAR Spring Meeting April 8, 2009 Miscellaneous Topics Bill Harnett WESTAR Spring Meeting April 8, 2009

Under Review by New Administration NC 126 Petition - How to proceed as a result of the court remand to reconsider the petition Exceptional Events - will we publish the rule regarding a revision of the dates for data flagging Exceptional events for ozone Regional Haze - Approve/disapprove regional haze SIPs from CAIR affected states (also applies to PM2.5 SIPs)? Light Pollution – Grant/deny a petition to monitor and regulate light pollution? WildEarth Guardians NOI to sue - Respond to the NOI to sue for failure of 16 western states to submit transport SIPs (110(a)(2)(d)(i)) for ozone and PM2.5

Under Review by New Administration (continued) Fugitive Emissions – grant reconsideration? Ethanol – grant reconsideration? PM2.5 NSR Rule – reconsider denial of reconsideration? Reasonable Possibility – reconsider denial of reconsideration? WI and OH NSR SIPs – reconsider WI? allow OH to become effective? Debottlenecking and Aggregation – grant reconsideration?

Under Review by New Administration (continued) Deseret Power Plant Permit PM2.5 Increments, SILs and SMC final rule – need direction Tribal NSR final rule 8 hr ozone NSR anti-backsliding rule proposal

Under Review by New Administration (continued) Disapprovals or failure to submit findings for 4 Eastern cities 8-hr ozone attainment demonstrations – publish? Final 24-hr PM2.5 designations – publish? Regional Haze Findings Baton Rouge redesignation and 185 fees – need direction Phase I ozone South Coast decision aftermath – decisions needed on several issues Wehrum Oil & Gas Aggregation memo – revisit? Title V petition responses

NAAQS Review Schedules Major Milestones Ozone Lead NO2 primary SO2 Primary NO2/SO2 Secondary PM CO Integrated Science Assessment 7/2008 9/2008 12/12/2008 09/2009 05/2010 ANPR 12/2008 02/2009 08/2009 06/2010 02/2011 CASAC Review of ANPR 01/2009 04/2009 10/2009 08/2010 04/2011 Proposal 05/2009 07/2009 02/2010 01/2011 10/2011 Final 03/2008 09/2008 12/2009 03/2010 10/2010 07/2012

More Miscellaneous Fire Policy Exceptional Events Guidance? Draft Policy will be circulated within EPA soon. Cannot be shared externally until it has been shared and reviewed by OMB and other Federal Agencies Exceptional Events Guidance? WESTAR Work Group Greenhouse Gases Reporting Rule WildEarth Guardians petition to establish an ozone transport region and ozone transport commission in 16 western states. Status of CAFO monitoring and emissions study Ozone Designations

More Miscellaneous (continued) Status of CAFO monitoring and emissions study Data from this study is being received by the study’s science advisor (Dr. Al Heber) and the first year of raw data (unanalyzed data) has been submitted to the Agency. Monitoring at some sites will be completed in late 2009 and monitoring at all sites is scheduled to be completed by May 2010. The Agency will complete data analysis and publish Emission Estimating Methodologies – 18 months after completion of data collection (mid/late 2011 time frame).

GHGs and the CAA Issues and authorities Endangerment Finding Key Elements and Issues before EPA i. Title II ii. Ongoing stationary source rulemakings/litigation: boiler NSPS, refinery NSPS, cement kiln NSPS iii. Permitting actions Clean Air Act (CAA) Authorities to regulate emissions from stationary sources i. Section 108 ii. Section 111 iii. Section 112 iv. Others Implications of CAA regulations for PSD and Title V

GHGs and the CAA Clean Air Act (CAA) Authorities to regulate emissions from stationary sources i. Section 108 ii. Section 111 iii. Section 112 iv. Others Implications of CAA regulations for PSD and Title V