1. Treatment of Natural Events WESTAR Planning Committee & WESTAR NEP Workgroup March 28, 2006

2. Kudos to EPA! EPA has listened Proposal has changed substantially

3. Proposed rule Complex proposal Includes options Commenting will present difficulties Lay out principles

4. Compare WESTAR Recommendations approved by WESTAR Council May 6, 2005 Treatment of Data Influenced by Exceptional Events EPA proposed rule: 71 FR 12592, March 10, 2006

6. 1. What pollutants? WESTAR All PM PM 2.5 PM 10 PM 10-2.5 EPA PM Ozone

7. 2. What type of Natural Events? WESTAR Seismic/volcanoes Associated clean- up Wind-generated dust Impact of Drought EPA Volcanic/seismic Natural disasters/ associated clean-up High wind events Stratospheric ozone intrusion

8. 2. [Continued] WESTAR Wildfires EPA Wildfires/wildland fire use fires Prescribed fires may qualify as Exceptional Events

9. Role of Drought SAFE-TEA-LU revises CAA Section 319 to exclude meteorological events involving a lack of precipitation Wind-generated dust natural event Caused by winds Drought may lower wind thresholds EPA needs to Clarify Provide an example

10. Role of Inversions SAFETEA-LU revises CAA Section 319 to exclude meteorological events involving inversions A community may be impacted by inversion-related drainage smoke EPA needs to Clarify Provide an example

11. Fire Issues raised about treatment of Wildland fire use fires Prescribed fires Propose for further discussion and comment

12. 3. What Data can be Flagged? WESTAR Any and all data impacted by a natural event 24-hour, and Annual EPA Criteria Above the standard (an exceedance) Significantly beyond the normal fluctuating range of air quality No exceedance “but for” the event

13. Statistical Analyses WESTAR Principles Statistical analyses may qualify an event as a natural event. Statistical analyses may not exclude an event from consideration.

14. 4. Address the Annual Standard? WESTAR Yes EPA 2 of the 3 Options for Comment: 2) Interim flag/ documentation up to 3 years following quarter of occurrence 3) Flag/documentation no later than 6 months before a regulatory decision

15. 5.a. Flagging Data WESTAR By the end of the quarter of event data submission to AQS EPA 3 Options for Comment: 1) Flag at time of submission to AQS 2) Interim flag at time of submission to AQS 3) Flag no later than 6 months before a regulatory decision

16. 5.b. Submittal of Documentation WESTAR No later than 180 days after the end of the quarter a violation is discovered EPA 3 Options for Comment: 1) 180 days following the quarter in which the event occurred 2) Up to 3 years following the quarter in which the event occurred

17. 5.b. [Continued] EPA 3) no later than 6 months before a regulatory decision

18. 6. Collection of Documentation WESTAR Collect and retain data directly after an event EPA [No equivalent provision]

19. 7. Documentation during SIP Development WESTAR No Limit on timeframe for flagging and documentation EPA Option for Comment: 3) Flag/documentation no later than 6 months before a regulatory decision

20. Purposes for Flagging Data WESTAR Discount exceedances Address new standards Qualify for limited maintenance plan Exclude data from attainment & maintenance demonstrations EPA Discount exceedances

21. 8. Reasonable Documentation WESTAR EPA-States collaborative process for national guidance Technical dispute resolution mechanism EPA Regional Offices-States regional criteria EPA No specified minimum level Examples of kinds of information Comment requested on whether guidance needed for national consistency No dispute resolution mechanism

22. Documentation The Natural Events Policy No minimum level of documentation Gave examples of kinds of information Lessons Examples can become requirements Examples may not be applicable (high winds/transport) Unintended consequences

23. [Continued] Documentation needs to be reasonable Fires may affect multiple days Proposed PM 10-2.5 standard may result in more exceedances

24. 9. Natural Events Action Plans WESTAR Public education/ notification Minimize public exposure Controls for sources contributing significantly to unhealthy air EPA Options for Comment: 1) Implement/ document public notification, education, appropriate & reasonable controls 2) General mitigation plan as part of Section 110(a)(1) SIP

25. 9. [Continued] EPA 3) Develop a mitigation plan following an event 4) Do not require specific mitigation plan or measures

26. Mitigation Plans EPA proposing to require RACM Taking comment on requiring BACM EPA guidance on PM RACM? Relation to a violation Does an Exceptional Event that will not occur again need a mitigation plan?

27. 10. Action Plan Submittal WESTAR 18 months following the end of quarter showing a violation EPA Options for Comment: 1) With documentation for an event 2) Within 3 years of NAAQS promulgation 3) 18 months after the close of the quarter of the event

28. 10. [Continued] EPA 4) No requirement. Broad flexibility in response to an event

29. 11. Documentation/Plan Processing WESTAR EPA-States collaborative process to define expectations EPA Documentation Up-front State-EPA Regional Office consultation 30-day EPA review Option for 30-day extension

30. 11. [Continued] EPA Mitigation Plan Options for Comment: 1) EPA oversight 2) EPA review and concurrence 3) EPA review and concurrence 4) EPA provides broad flexibility

31. SUMMARY Kudos to EPA! Issues for further consideration “High Winds,” Drought and Inversions Fire Statistical Analyses Purposes for Flagging Data Documentation Mitigation Plans