1. OAQPS Update WESTAR April 3, 2008

2.  On March 12, 2008, EPA significantly strengthened the National Ambient Air Quality Standards (NAAQS) for ground-level ozone  These revisions reflect new scientific evidence about ozone and its effects on public health and the environment  The final revisions affect two types of ozone standards: Primary standard to protect public health, including the health of "sensitive" populations such as people with asthma, children, and older adults Secondary standard to protect public welfare and the environment, including sensitive vegetation and ecosystems  Specifically, EPA has: Revised the level of the primary and secondary 8-hour ozone standards to 0.075 parts per million (ppm)  For more information go to http://www.epa.gov/groundlevelozone Revised Ozone NAAQS

3. Counties with Monitors Violating the Primary and Secondary 8-hour Ozone Standard of 0.075 ppm (Based on 2004-2006 Air Quality Data) ■63 Counties in Maintenance Areas ■208 Counties in 2004 Designated Nonattainment Areas ■74 Counties outside of 2004 Designated Nonattainment Areas Notes: 1.345 of 643 monitored counties with complete data violate the proposed primary 8-hour ozone standard of 0.075ppm. 2.Data was retrieved from the AQS system February 4, 2008

4. Regional Haze SIPs  Nationally, 20 draft Regional Haze SIPs have been submitted 2 SIPs are final – North and South Carolina Most of the remaining States are projected to submit from mid to late 2008 States are encouraged to work with their regional office to get the SIPs in as soon as possible

5. Regional Haze SIPs (continued)  In the West – only one WRAP state – Colorado and one local agency – Bernalillo County in New Mexico have submitted draft SIPs. Bernalillo, NM is a 309 SIP Again, mid to late 2008 is the expected submittal for most WRAP SIPs EPA is completing the Montana FIP – expected in 2010  3 major elements required in the Regional Haze SIPs – 1) Reasonable Progress; 2) BART; and 3) Long term Strategies  Late SIPs – considering possible actions on late SIPs

6. Background: 2007 Designations Guidance  Guidance for 24-hour PM 2.5 designations was issued on June 7, 2007.  Guidance recommends that States and Tribes: use the most recent 3 years of air quality data evaluate areas on a case-by-case basis base recommendations on evaluation of the same 9 factors used in the prior PM 2.5 designation process  EPA anticipates that the existing boundaries for implementing the 1997 PM 2.5 NAAQS may be appropriate for areas violating the 2006 24-hour PM 2.5 NAAQS.

7. 9 Factors for Boundary Recommendations  Emission data  Air quality data  Population density and degree of urbanization  Traffic and commuting patterns  Growth rates and patterns  Meteorology  Geography/topography  Jurisdictional boundaries (e.g., existing PM and ozone areas)  Level of control of emission sources Non Attainment Boundaries Population and Urbanization Traffic & Commuting Growth Current Emission Controls Political and Other Boundaries TopographyMeteorology Air Quality Emissions

8. 24-Hour PM 2.5 Design Value Status, 2004-2006 131 Sites in current nonattainment areas (NA) violate the 24-hr NAAQS. 48 Sites not in a current NA violate the 24-hr NAAQS  29 current NAs also violate the 24-hr NAAQS  10 current NAs meet the 24-hr NAAQS 48 violating sites outside of current NAA are located in 25 areas. States make initial recommendations for 24-hr designations using 2004-2006 data but data from other years (e.g., 2005-2007 and 2006-2008) may be relevant for final designations.

9. Process and Timeline for 24-Hr PM 2.5 Designations State and Tribal Recommendations to EPA December 2007 Administrator Decisions July 2008 RA Response Letters to States & Tribes July 2008 State/Tribal Comment Period (2 mos.) August/September 2008 Administrator Decisions / Signature November/December 2008 Effective Date of Final Designations 90 days after FR publication Milestone Approximate Date

10. Recent NSR Actions  PROPOSED RULES Reconsideration of fugitive emissions and modifications (11/13/2007 FR)  FINAL RULES NSR Recordkeeping interpretation of ‘Reasonable Possibility’ (12/21/2007 FR)

11. Upcoming Regulatory Actions  PM2.5 Implementation rule Main NSR portion (final) Increments, SIL’s, SMC’s (final)  NSR Emissions test for EGU’s (final)  Potential-to-Emit, response to Court decision (proposal)  PSD Increment Modeling procedures (final)  Title V Task Force rule (proposal)

12. Upcoming Regulatory Actions  Action on Class I Request of Forest County (WI) Potawatomi (final)  Debottlenecking, Aggregation and Project Netting (final)  Flexible Permits rule (final)  Federal NAA NSR and minor NSR program for tribal lands (final)  Fugitive Emissions (final)

13. Pb NAAQS  Proposal including Implementation Rule – May 1, 2008  Promulgation – September 1, 2008