1. WESTAR Fall Meeting October 2, 2008
OAQPS Update
WESTAR Fall Meeting
October 2, 2008

2. National Ambient Air Quality Schedules
Stage of Review
Major Milestone
Lead
NO2
Primary
SO2
NO2/SO2
Secondary CO PM
Ozone
Science Assessment
Final Integrated Science Assessment[1]
Oct 1, ‘06[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
Oct ‘11
Mar ‘13
[1] Air Quality Criteria Document (AQCD) for lead
[2] Underlined dates indicate court-ordered or settlement agreement deadlines.

3. NAAQS Lead NAAQS PM2.5 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
Oral Arguments on 2006 standards in September 2008
Final Designations – December 2008

4. CO2 Sequestration Rule (EPA Office of Drinking Water)
Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells
Proposed July 25, 2008
Comments due November 24, 2008

5. Regional Haze SIPs Nationally, 11 SIPs submitted
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

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

7. NRDC Litigation of Exceptional Events Rule
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 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

8. San Joaquin Valley PM-10 Attainment and Litigation
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
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 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

9. 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 2009.
September 24, 2008, EPA finalized the redesignation of the SJV air basin to attainment for PM-10