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
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