OAQPS Update WESTAR Fall Meeting October 2, 2008

Stage of Review Major MilestoneLead NO 2 Primary SO 2 Primary NO 2 /SO 2 Seconda ry COPM Ozone Science Assessment Final Integrated Science Assessment [1] [1] Oct 1, ‘06 [2] [2] Jul 11, ‘08 Sept 12, ‘08 Dec 12, ‘08 Jan ’10 Dec ‘09 Apr ‘11 Rulemaking Proposed rule May 1, ‘08 May 28, ‘09 Jul 30, ‘09 Feb 12, ‘10 Oct ‘10 Jan ‘11 Jul ‘12 Final rule Oct 15, ‘08 Dec 18, ‘09 Mar 2, ‘10 Oct 19, ‘10 May 13, ‘11 May 13, ‘11 Oct ‘11 Mar ‘13 [1] [1] Air Quality Criteria Document (AQCD) for lead [2] [2] Underlined dates indicate court-ordered or settlement agreement deadlines. National Ambient Air Quality Schedules

NAAQS Lead NAAQS Lead NAAQS –Final October 15, 2008 which will include monitoring and implementation rules –Designations  Timing will depend on final NAAQS and on decisions on monitoring rule (PM-10 and TSP monitoring) PM2.5 NAAQS PM2.5 NAAQS –Oral Arguments on 2006 standards in September 2008 –Final Designations – December 2008

Regional Haze SIPs Nationally, 11 SIPs submitted Nationally, 11 SIPs submitted WESTAR Region = 2 SIPs (Albuquerque and Utah 309 SIPs) WESTAR Region = 2 SIPs (Albuquerque and Utah 309 SIPs) –4 expected by December 2008 (Idaho, Nevada, New Mexico, Wyoming) –3 expected in late 2008 or early 2009 (Alaska, Oregon, Washington) –7 expected in 2009 or …. [Arizona (309 in ’08, 309(g) in ’09), California, Colorado (RP), Hawaii, Montana, North Dakota (BART ’08, rest ’09), South Dakota] Findings of Failure to Submit Findings of Failure to Submit

Permitting Rulemakings Flexible Permitting Flexible Permitting Increment Modeling Procedures Increment Modeling Procedures Fugitive Emissions Reconsideration Fugitive Emissions Reconsideration Proposed NSR applicability test for EGU Proposed NSR applicability test for EGU Debottlenecking/Aggregation/Project Netting Debottlenecking/Aggregation/Project Netting Potential to Emit Potential to Emit PM 2.5 Increments/SILs/SMCs PM 2.5 Increments/SILs/SMCs Tribal NSR Rule Tribal NSR Rule

New Fire Policy  Encompasses all uses of prescribed fire for resource management purposes including agricultural burning  EPA’s goal for this “Fire Policy” is to acknowledge the need for fire as a resource management tool, and where fire has been determined to be an acceptable land management tool, to provide guidance on developing smoke management programs that minimize air quality impacts (e.g., NAAQS and Regional Haze).  The draft policy will propose to expand usage of prescribed fire to both silviculture and agricultural purposes on both public and private land and for various types of land usage (e.g., forest land, crop land, range land, pasture land, and wet land).  Federal Register notice announcing the availability of the draft Fire Policy in Fall 2008.

NRDC Litigation of Exceptional Events Rule Oral Argument – October 8, 2008 Oral Argument – October 8, 2008 Challenges EPA's definition of 'natural event' because EPA should not have defined it to allow any causal role for human activity Challenges EPA's definition of 'natural event' because EPA should not have defined it to allow any causal role for human activity Challenges Interpretations in Preamble: Challenges Interpretations in Preamble: –Treatment of "transported pollution" as an exceptional event if they meet the criteria in the rule –Reference to agricultural and mining activities being able to qualify as an EE if they meet the criteria in the rule –lack of notice and comment about treating ag and mining as eligible for EE if they meet the criteria in the rule –Treatment of chemical spills and industrial accidents because they are stationary sources and cannot meet the criteria of the EER that anthropogenic emissions to qualify must be "unlikely to recur at a particular location” –Treatment of clean-up activities with major natural disasters (e.g., Hurricane Katrina) as an EE because clean-up has a human element –Treatment of anthropogenic pollution associated with high winds

San Joaquin Valley PM-10 Attainment and Litigation May 8, State submitted request for redesignation to attainment for the PM-10 standard ( data) May 8, State submitted request for redesignation to attainment for the PM-10 standard ( data) October 17, EPA makes final determination that SJV attains standard October 17, EPA makes final determination that SJV attains standard Violations of PM-10 standard from September to December 2006, also some violations on tribal land within SJV area Violations of PM-10 standard from September to December 2006, also some violations on tribal land within SJV area On August 27, 2007, EPA proposed to concur with the State and Tribe’s request to “flag” these exceedances as being caused by exceptional events On August 27, 2007, EPA proposed to concur with the State and Tribe’s request to “flag” these exceedances as being caused by exceptional events On March 7, 2008, EPA proposed to finalize the August 2007 proposal to affirm its October 2006 determination that the San Joaquin Valley has attained the NAAQS for PM-10 On March 7, 2008, EPA proposed to finalize the August 2007 proposal to affirm its October 2006 determination that the San Joaquin Valley has attained the NAAQS for PM-10

San Joaquin Valley PM-10 Attainment and Litigation On August 22, 2008, EPA filed a response brief in U.S. Court of Appeals for the Ninth Circuit in the litigation brought by Latino Issues Forum, et. al., petitioning for review of the EPA determination that the San Joaquin Valley has attained the PM-10 standards. Hearing expected in late 2008 or early On August 22, 2008, EPA filed a response brief in U.S. Court of Appeals for the Ninth Circuit in the litigation brought by Latino Issues Forum, et. al., petitioning for review of the EPA determination that the San Joaquin Valley has attained the PM-10 standards. Hearing expected in late 2008 or early September 24, 2008, EPA finalized the redesignation of the SJV air basin to attainment for PM-10 September 24, 2008, EPA finalized the redesignation of the SJV air basin to attainment for PM-10