WESTAR Planning Committee

2009-2010 Work Plan

1. Purpose/Mission Statement

The purpose of the WESTAR Planning Committee is to identify air quality issues that have a distinct impact on western states and ensure that western concerns are addressed in the national debate.

2. Identification of Major Issues

The Planning Committee identified the following major issues:

  • NAAQS Revisions/Designations/Implementation
  • PM NAAQS Implementation and Air Quality Index
  • 2008 Ozone NAAQS Designations/Implementation/Reconsideration
  • Secondary Ozone NAAQS issues
  • Lead NAAQS Designations and Monitoring Threshold
  • NO2 NAAQS NPRM Public Comment Period
  • Exceptional Events Rule Implementation
  • Wildland/Prescribed Fire Policy Revisions
  • Tracking Western Ozone Transport Issues/WildEarth Guardians Petition
  • Rural Issues
  • Rural Ozone Transport and Regional Planning
  • Rural PM10 and PM2.5
  • Agricultural Issues including Burning and CAFOs

[National Air Emission Monitoring Study CAFO emission estimating methods to be completed November 2011]

  • Oil & Gas impacts
  • Rural Lead (tailings piles)
  • Tracking Regional Haze Plan Development/Completion/Approval
  • 40 CFR 51.309 SIPs
  • 40 CFR 51.309(g) SIPs
  • 40 CFR 51.308 SIPs
  • Tracking Clean Air Performance Commitment Pilot Program (WA/EPA)
  • SIP Process Improvement
  • Air Toxics
  • Area Source MACT—Wood Boilers
  • School Bus Diesel Retrofits
  • Woody Biomass Boilers/Fuels for Schools

3.Priority of Major Issues

Committee members prioritized the following major issues for this timeframe:

First:2008 Ozone NAAQS Reconsideration and Ozone monitoring network

Second:PM2.5(Particulate Matter) NAAQS and Air Quality Index Reconsideration and Implementation

Third:Exceptional Events Rule Implementation for Ozone and PM10

Fourth:Reduce Adverse Air Quality Impacts from Oil & Gas especially in rural areas

Fifth:Track Regional Haze Plan development, submittal and approval

Sixth:Track pollutant transport issues including § 110(a)(2)(D) SIPs

4.Discussion of Major Issues

Issues/Actions:

Ozone NAAQS Standards and Implementation. The Committee will track issues concerning the ambient ozone standard including EPA’s determination due September 2009, based on a request to the courts for an extension in litigation schedules, as to whether the 2008 NAAQS should be maintained, modified or otherwise reconsidered; EPA’s proposed revisions to the Ambient Ozone Monitoring Network (74 FR 34525; July 16, 2009); a pending petition before the EPA Administrator to establish a Western Interstate Transport Region; and the Implementation Strategy rule for the 2008 NAAQS. The committee will review and comment when appropriate.

PM2.5NAAQS Reconsideration and Implementation. The Committee will track issues identified by the Committee or the WESTAR Council and provide a forum for the States to discuss issues and take appropriate actions. EPA may reconsider this NAAQS and the Air Quality Index for it, which could present other public comment opportunities. Issues include EPA’s stated intent to serve as a clearinghouse for PM2.5 emission factors developed by State/Local programs, lack of EPA AP-42 PM2.5 Emission Factors, and dearth of promulgated test methods. The Committee will review EPA’s Implementation Guidance for possible comments.

Exceptional/Natural Events. EPA promulgated a new exceptional events rule (EER) March 22, 2007 at 72 FR 13560. The committee’s Exceptional Events Workgroupis working with EPA to streamline the EE concurrence determination process, particularly as it is applied in the West to high wind events that cause PM exceedances and to wildfire events that cause Ozone exceedances. Achieving consistent, common sense, treatment of similar events by the EPA Regional Offices is another goal. The Committee will review EPA’s revised Wildland/Prescribed Fires Policy and participate in discussion opportunities.

Rural Community Air Quality. Monitoring of small, rural communities has uncovered “nonattainment” situations for both ozone and PM10 that may result, at least in part, from transport. Regional planning could address and improve rural air quality problems. EPA’s reconsideration of the ozone NAAQS could present WESTAR with an opportunity to advocate for rural community air quality protection and control of oil and gas emissions that contribute to ozone formation. EPA has not focused on protecting air quality in small communities, attempted to revoke the PM10 standard in 2006 and instead focus on urban particulate matter, and proposed to exempt mining and agriculture activities that often occur in rural areas from applicability of the standard in 2006. Emissions from agricultural burning, ozone precursors and ammonia emissions from Consolidated Animal Feedlot Operations (CAFOs) are also of concern. Retention of a PM10 NAAQS that protects rural communities, funding of an adequate monitoring network in rural areas, and supporting credible research on chemical speciation and particle size to confirm earlier study conclusions that particle size alone causes adverse health impacts are critical issues. The new monitoring network for the revised Lead (Pb) NAAQS is expected to identify areas with adverse human health impacts from smelter operations or tailings piles, often in rural areas. The nonattainment area provisions of the Clean Air Act may not be the most effective way to deal with small community air quality issues, especially in light of the latest information concerning pollutant transport. The Committee will provide a forum for the States to discuss issues, share rural air quality data, explore regional pollutant reduction opportunities, and develop comments to EPA.

Oil & Gas Air Quality Impacts: Reduction ofadverse impacts from aggregated oil andgas activities is a western regional issue. An important goal is to prevent new Ozone nonattainment areas. A uniform approach to regulations and permitting in the region may prevent deterioration of air quality, especially in rural areas.

Regional Haze Plan Submittals. The Committee will track progress and EPA approval of Regional Haze SIPs through WRAP’s Implementation Work Group (IWG) and provide policy input to WESTAR and EPA on issues, as appropriate. EPA still has not issued approvals of the “309” plans submitted in 2003. EPA may revisit the SO2 milestones. The States want this round of SIPs approved and to make adjustments during the next round of revisions in 5 years. Consistency in SIP review by Regions 6, 8, and 9 is another goal. The IWG will continue to coordinate with the WRAP and WESTAR on SIP development issues such as Natural Conditions Guidance.

Pollutant Transport Issues including WildEarth Guardians litigation. While EPA programs dealing with ozone transport (NOx SIP Call and CAIR) have impacted the eastern United States, transport is increasingly becoming a western issue. International shipping emissions transport may affect the West more than previously understood. WildEarth Guardians brought a citizens suit against EPA over pollutant transport. EPA has not promulgated Federal Implementation Plans within 2 years after making a finding May 25, 2005, that California, Colorado, Idaho, New Mexico, North Dakota, Oklahoma and Oregon failed to submit PM2.5 and 8-hour ozone interstate transport SIPs required by Section 110(a(2)(D)(i) of the Clean Air Act. A petition is pending before the EPA Administrator to establish a Western Interstate Transport Region. The Committee will track developments.

Clean Air Performance Commitment (CAP-C) Pilot Program. The National Academy of Sciences report Air Quality Management in the United States recommended that the SIP process be improved. EPA is working with some states on pilot projects to do so. The Washington State Department of Ecology and the Puget Sound Clean Air Agency are considering a CAP- C pilot program to address PM2.5 nonattainment in Tacoma. The Committee will track developments.

5.Products/Outcomes

Ozone Monitoring Network and NAAQS Reconsideration. The Committee will, when appropriate, prepare comments from WESTAR to EPA that identify and support needs and concerns of western states.

PM2.5 Implementation Guidance. The Committee will, when appropriate, prepare comments from WESTAR to EPA that identify and support needs and concerns of western States, including EPA PM2.5 emission factors and promulgated test methods essential for Emission Inventory development and attainment demonstrations.

ExceptionalEvents (EEs) Rule Implementation. Develop recommendations for documentation packages for use by States in preparation of submittals and by EPA in review of submittals to expedite concurrences for straightforward exceptional events. The Committee will work with EPA to reach consensus on treatment of “normal historical fluctuations” and “appropriate and reasonable actions to protect public health”; feedback to identify obstacles to concurrence; the development of any policies or strategies that are required during the implementation process; and possible revisions to the rule itself. Provide comments on Wildland/Prescribed Fires Policy revisions and EPA’s NPRM on NO2 NAAQS provisions concerning EEs.

Rural Community Air Quality. The Committee will continue to raise the issue of poor air quality in rural areas in discussions with and comments to EPA, especially in the context of pollutant transport, and identify strategies such as regional planning to protect public health in small communities. Develop comments in support of funding and planning an adequate monitoring network in rural areas, preventing exemption of contributing source categories, proposed CAFO rules, and maintaining a PM10 standard unless credible studies support the theory that the chemical composition of particles, rather than size, poses the risk.

Oil & Gas Impacts. Creating and populating a web-basedclearinghouse of western State regulations, applicability and controls was approved by the Board in July 2009. Adding quality assured datatoAQS about these emissions is another goal.

Regional Haze Plans. Submittal of completed “309”, “309(g)”, and “308” Regional Haze SIPs in December 2009 is the overall goal for most States, followed by EPA SIP approval. Note that some States will submit these plans in 2010. Feedback to WRAPwill be provided if necessary to ensure full consideration of minor source impacts and completion of these SIPs, as appropriate. The Committee will work with WRAP and EPA Regional Offices Management toexpedite EPA approval of “Better than BART” analyses for those states not relying solely on BART to meet goals, approval of submitted “309” SIPs, and to assist in resolution of any policy issues preventing completion of BART analyses by each western State to ensure WRAP final modeling run in 2010.

WildEarth Guardians litigation and petition. Advise WESTAR Council of ramifications of the Court Ruling and EPA’s response to the petition on transport of pollutants in the West in a briefing paper.

Clean Air Performance Agreement (CAP-C). Track at the Committee leveland, as appropriate, brief the Air Directors.

6.Work Plan and Budget

Committee Objectives:

  • Information Sharing: Provide a forum for information exchange on planning priority issues.
  • Issue identification: Monitor activities of EPA, ECOS, National Association of Clean Air Agencies, WRAP, and other entities involved in air quality management activities; identify issues of importance to Council members and recommend appropriate actions.
  • Policy analysis: Evaluate issues of concern to western states and prepare briefing papers, policy analyses, and position papers for consideration by the WESTAR Council.
  • Work plan and budget: Prepare a work plan annually for consideration by the Council and a budget to support the priority committee activities.

Work Items:

Topic / Date / Activity / Product / Outcome
WESTAR Spring/Fall Business Meetings / Fall 2009
Spring 2010 / - Present Committee work plan and budget for consideration by the Council / - Presentations
Communications / Ongoing / - Monthly committee conference calls;
- Fall and Spring face-to-face meetings as needed / - Meeting summaries;
- Draft work plan and
Budget
Policy Analysis / Ongoing / - Evaluate those issues of common concern by member states
- Review, analyze and comment on proposed and existing documents / - Position papers on
priority issues
ctivity tracking / Ongoing / - Participate in and track the activities of NACAA, WRAP, ECOS, and EPA; share information in conference calls / - Meeting summaries

Budget:

Work Item / Budget
Communications
  • 12 Committee conference calls @ $300 per call
  • Face to face meeting: 15 travelers @ $1500 each
/ $3,600
$22,500
Present work plan and budget at Fall Business meeting, attend Spring Business Meeting
  • 2 trips @ $1500 each
/ $3,000
Policy Analysis / N/C
Activity tracking / N/C
Total Budget / $29,100

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