1. 308 VS. 309 DECISION PROCESS November 2001 WRAP Meeting
Andy Ginsburg, Oregon DEQ
Co-Chair IOC Forum

2. States that can choose 309 Map shows 9 states in the transport region
OR - ID - WY - CA - NV - UT - CO - AZ - NM
16 Class I areas of the Colorado Plateau circled

3. Why is this decision important?
Critical Mass
Opportunity for regional approach
Economic & Workload issues
WRAP assistance to states/tribes
Critical Mass will not work unless enough of the 9 states
(and 211 tribes) participate.
309 represents an opportunity to carry out the recommendations
of the GCVTC through a regional & cooperative approach.
The decision between 308 and 309 will have economic and
workload impacts for states and tribes, and therefore need
to be closely scrutinized.
The WRAP was formed to carry out the recommendations of
the GCVTC, and therefore can serve a major role in assisting
states/tribes that choose to follow However, products
from the WRAP will also help 308 states/tribes too.

4. Process To Meet 2003 SIP/TIP Deadline
WRAP
Forum
Work
Local
Stakeholder
Meetings
Local
Stakeholder
Meetings
308/309
Decision
Legislative
SIP/TIP
Approval
WRAP Forums should have most work completed by
mid-2002.
States may need to pursue legislative authority 2002
or 2003 depending on the state. Mostly for authority to
participate in regional trading program, authority to regulate
ag burning.
Stakeholder meetings need to begin soon - Arizona has
already started this step in the process, which Ira D. will
review next.
State rulemaking is typically 6 or more months.
Following state rulemaking is the submittal of the SIP/TIP to
EPA, due Dec
Legislative
Authority
Submit
SIP/TIP
To EPA
Rulemaking
WRAP
Forum Work

5. Oregon Time Line Example
WRAP Forum work
Stakeholder
Meetings
WRAP Forums work is again indicated here...
Oregon has not yet begun stakeholder meetings, but will soon.
The Planning Process in Oregon for seeking legislative authority
is a somewhat lengthy process that begins a year before the
legislature meets. It starts with a legislativeconcept of what
authority is being sought, and has several administrative steps.
Our next legislative session startsJan Our legislature
typically meets for 6 months.
Following this would be rulemaking and SIP submittal to EPA
by the end of the year.
Planning process for Legislature
Legislative Authority
Rulemaking
& submittal
1/2002
1/2003
7/2003
12/2003

6. 308 vs 309 Considerations Section 308 Section 309 More time (2008)
Strategies TBD
Must address BART
Must show Reasonable Progress (2064)
Section 309
Less time (2003)
Strategies identified
Annex satisfies BART
Assumes Reasonable Progress (2018)
308 provides more time than More time for SIP/TIP
development/rulemaking, and more time to seek legislative
authority if necessary.
Under 308, it will be necessary to develop new strategies.
309 already identifies what control strategies are needed.
Although the control strategies in 309 were developed for the
16 Class I areas, they may also be applicable to the remaining
Class I areas.
For stationary sourses - under 308 BART or an alternative must
be adopted. Under 309, the Annex satisfies the BART requirement.
Also under 309, NOx and PM milestones must be addressed
(for 2003) but may not be needed - whereas BART for NOx and
PM would be necessary under 308.
The 309 control strategies assume reasonable progress will be
made by Under 308, each state will have to demonstrate
reasonable progress will be achieved by 2064.

7. 308 vs 309 Considerations Section 308 Section 309
Regional Coordination
WRAP does some work
Economic impact greater?
Section 309
Critical Mass
WRAP does most work
Economic impact less?
Critical Mass will be an important issue under 309, as mentioned in
earlier slide. Likewise, states participating in 308 may have regional
issues to address.
The WRAP Forums are currently conducting the work needed
to meet Section 309, and will be turning over this work to
states/tribes in Under 308, states will likely have to
do more work in order to meet individual state needs.
The results of economic analysis of cost/benefit of 309 strategies
will also be a key element in the decision progress. It is likely that
pre-established control strategies under 309, and the fact that WRAP
is doing much of the related work, will make the economic impact
less under 309.