Treatment of Natural Events

WESTAR Planning Committee & WESTAR NEP Workgroup

March 28, 2006

Kudos to EPA!

EPA has listenedProposal has changed substantially

Proposed rule

Complex proposalIncludes optionsCommenting will present

difficultiesLay out principles

Compare

WESTAR Recommendationsapproved by WESTAR Council

May 6, 2005Treatment of Data Influenced by

Exceptional EventsEPA proposed rule:

71 FR 12592,March 10, 2006

Comparison of WESTAR Recommendations with Proposed Rule on Exceptional Events Revised March 24, 2006

NOTE: WESTAR recommendations focused on Natural Events; EPA’s proposed rule addresses Exceptional Events, including the subset Natural Events.

Issue WESTAR EPA 1. What pollutants should a revised NEP cover? All PM—PM2.5 , PM10, PM10-2.5 Applies initially only to Ozone and PM. 2. What type of events should a revised NEP cover? Seismic/volcanoes (and associated clean-up)

Wildfires Wind-generated dust o recognize impact of drought

Natural Events (a category of Exceptional Events): Volcanic/seismic activities Natural disasters/associated clean-up activities High wind events Wildfires and wildland fire use fires o Prescribed fires may qualify as Exceptional

Events Stratospheric ozone intrusions. Other Exceptional Events include chemical spills, industrial accidents, structural fires, transported pollutants, terrorist attacks.

3. What data can be flagged under the NEP? Any and all data impacted by a natural event 24-hour, and annual

Air quality impact criteria: 1) above the level of the applicable standard (i.e., an

exceedance) 2) significantly beyond the normal fluctuating range

of air quality 3) large enough that no exceedance without the event

4. Does the NEP need to be revised to address the annual standard?

Yes Two of the 3 options proposed for comment: 2) interim flag/documentation up to 3 years following

the quarter of occurrence 3) flagging and documentation no later than 6 months

before a regulatory decision 5.a. What is the timeframe for flagging data to discount

data points from the determination of the attainment status of an area?

State flags applied by end of quarter of data submission to AQS

Options proposed for comment: 1) flag at the time of data submission to AQS 2) interim flag at the time of data submission to AQS 3) flag no later than 6 months before a regulatory

decision 5.b. What is the timeframe for submitting

documentation to discount data points from the determination of the attainment status of an area?

State submits documentation by 180 days following end of quarter when violation discovered

Options proposed for comment: 1) 180 days following the close of the quarter of the

event occurrence 2) up to 3 years following the quarter of the event

occurrence 3) no later than 6 months before a regulatory

determination

1. What pollutants?

WESTAR

All PM

PM2.5

PM10

PM10-2.5

EPA

PM Ozone

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

2. [Continued]

WESTAR Wildfires

EPA Wildfires/wildland fire

use fires Prescribed fires may

qualify as Exceptional Events

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 windsDrought may lower wind thresholds

EPA needs toClarifyProvide an example

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 toClarifyProvide an example

Fire

Issues raised about treatment of Wildland fire use fires Prescribed fires

Propose for further discussion and comment

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

Statistical Analyses

WESTAR PrinciplesStatistical analyses may qualify an event

as a natural event.Statistical analyses may not exclude an

event from consideration.

4. Address the Annual Standard?

WESTAR Yes

EPA2 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

5.a. Flagging Data

WESTAR

By the end of the quarter of event data submission to AQS

EPA3 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

5.b. Submittal of Documentation

WESTAR No later than 180

days after the end of the quarter a violation is discovered

EPA3 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

5.b. [Continued]

EPA

3) no later than 6 months before a regulatory decision

6. Collection of Documentation

WESTAR Collect and retain

data directly after an event

EPA [No equivalent

provision]

7. Documentation during SIP Development

WESTAR No Limit on

timeframe for flagging and documentation

EPAOption for Comment:

3) Flag/documentation no later than 6 months before a regulatory decision

Purposes for Flagging Data

WESTAR Discount exceedances Address new standards Qualify for limited

maintenance plan Exclude data from

attainment & maintenance demonstrations

EPA Discount

exceedances

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

Documentation

The Natural Events PolicyNo minimum level of documentationGave examples of kinds of informationLessons

Examples can become requirementsExamples may not be applicable (high

winds/transport)Unintended consequences

[Continued]

Documentation needs to be reasonable Fires may affect multiple daysProposed PM10-2.5 standard may result

in more exceedances

9. Natural Events Action Plans

WESTAR

Public education/ notification

Minimize public exposure

Controls for sources contributing significantly to unhealthy air

EPAOptions for Comment:

1) Implement/ document public notification, education, appropriate & reasonable controls

2) General mitigation plan as part of Section 110(a)(1) SIP

9. [Continued]

EPA

3) Develop a mitigation plan following an event

4) Do not require specific mitigation plan or measures

Mitigation Plans

EPA proposing to require RACMTaking comment on requiring BACM

EPA guidance on PM RACM?Relation to a violationDoes an Exceptional Event that will not

occur again need a mitigation plan?

10. Action Plan Submittal

WESTAR 18 months following

the end of quarter showing a violation

EPAOptions 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

10. [Continued]

EPA

4) No requirement. Broad flexibility in response to an event

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

11. [Continued]

EPA Mitigation PlanOptions for Comment:

1) EPA oversight2) EPA review and

concurrence3) EPA review and

concurrence4) EPA provides broad

flexibility

SUMMARY

Kudos to EPA!Issues for further consideration

“High Winds,” Drought and InversionsFireStatistical AnalysesPurposes for Flagging DataDocumentationMitigation Plans