OAQPS Update

1. OAQPS Update WESTAR Fall Meeting October 2, 2008

2. National Ambient Air Quality Schedules [1] Air Quality Criteria Document (AQCD) for lead [2]Underlined dates indicate court-ordered or settlement agreement deadlines.

3. 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 • 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, 2006 -State submitted request for redesignation to attainment for the PM-10 standard (2003-2005 data) • October 17, 2006 - 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