PAGE INDEX TO PROPOSED RULE FOR IMPLEMENTATION OF 8-HR O3 NAAQS

Page number is last 2 digits of page in FR of 6/2/03 (68 FR 32802)

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69	I. What is the 8-hour ozone problem and EPA's strategy for addressing it?

A. What is the ozone standard and the health problem?

B. What is the geographic extent of the 8-hour ozone problem?

C. What is EPA's overall strategy for reducing ozone pollution?

1. The SIP system

2. National rule.

D. What is the relationship between the SIP system proposed and the proposed Clear Skies legislation?

II. What is the background on the 8-hour ozone standard?

A. What is the legal background?

B. What technical work influenced EPA's implementation approach?

III. How did EPA obtain stakeholder input for this effort?

IV. What is EPA's schedule for issuing an 8-hour ozone implementation rule?

V. In short, what does this proposed rulemaking contain?

A. Classification of areas

B. Attainment deadlines

C. How will EPA implement the transition from the 1-hour to the 8-hour standard in a way to ensure continued momentum in States' efforts toward cleaner air?

D. Mandatory measures

E. Consequences of failure to attain

F. Interstate transport

G. Modeling and attainment demonstration

H. Reasonable Further Progress (RFP)

1. Requirement for 15 percent VOC reductions for moderate and above areas during the first 6 years after the base year

2. Base year

I. RACM/RACT

J. Conformity

K. New Source Review

VI. What are EPA's proposed frameworks for implementing the 8-hour ozone standard?

A. How will EPA reconcile subparts 1 and 2? How will EPA classify nonattainment areas for the 8-hour standard? What attainment dates would apply?

1. Statutory framework and Supreme Court decision

2. EPA's development of options

3. Options for classification

4. Under classification option 2, how would EPA classify subpart 1 areas?

5. Rationale for regulating all "gap" areas under subpart 1 only

6. Proposed incentive feature

7. Other options EPA considered

8. Implications for the options

9. Other considerations

B. How will EPA treat attainment dates and other dates including SIP submittal dates for the 8-hour ozone standard?

1. Background

2. How will EPA address the provision regarding 1-year extensions?

3. How do attainment dates apply to Indian country?

4. How will EPA establish attainment dates for areas classified as marginal under the "incentive" feature proposed under the classification section or areas covered under subpart 1 with a requested attainment date of 3 years or less after the designation date?

C. How will EPA implement the transition from the 1-hour to the 8-hour standard in a way to ensure continued momentum in States' efforts toward cleaner air?

1. Background

2. When will EPA revoke the 1-hour standard?

3. What obligations should continue to apply as an area begins to implement the 8-hour ozone NAAQS and what obligations should no longer apply?

4. Does the requirement for continued implementation of the obligations addressed above expire at some point?

5. How will EPA ensure that the public knows which areas must continue provisions under the 1-hour SIPs if EPA revokes the 1-hour standard?

D. Should prescribed requirements of subpart 2 apply in all 8-hour nonattainment areas classified under subpart 2, or is there flexibility in application in certain narrowly defined circumstances?

1. Background

2. Approach being proposed

3. Other approaches considered

E. What is the required timeframe for obtaining emissions reductions to ensure attainment by the attainment date?

F. How will EPA address long-range transport of ground-level ozone and its precursors when implementing the 8-hour ozone standard?

1. Background

2. The EPA's anticipated approach

3. Other concerns about transport

4. Other options considered

G. How will EPA address transport of ground-level ozone and its precursors for rural nonattainment areas, multi-State nonattainment areas, areas affected by intrastate transport, and international transport?

1. Rural transport nonattainment areas

2. Multi-state nonattainment areas

3. Intrastate transport

4. International transport

5. Additional ways of addressing transport

6. State-Tribal transport

H. How will EPA address requirements for modeling and attainment demonstration SIPs when implementing the 8-hour ozone standard?

1. Multi-pollutant assessments (one-atmosphere modeling)

2. Areas with early attainment dates

3. Areas with later attainment dates

4. Modeling guidance

5. Mid-Course review

I. What requirements for RFP should apply under the 8-hour ozone standard?

1. Background

2. Proposed features in general

3. For subpart 2 areas, should the initial 15 percent RFP requirement be limited to VOC emissions?

4. What baseline year should be required for the emission inventory for the RFP requirement?

5. Should moderate areas be subject to prescribed additional RFP requirements prior to their attainment date?

6. What is the timing of the submission of the ROP plan?

7. How should CAA restrictions on creditable measures be interpreted? Which national measures should count as generating emissions reductions credit toward RFP requirements?

8. For areas covered by subpart 1 instead of subpart 2, how should the RFP requirement be structured?

9. How should the RFP requirements be implemented for areas designated for the 8-hour ozone standard that entirely or in part encompass an area that was designated nonattainment for the 1-hour ozone standard?

10. Will EPA's "Clean Data Policy" continue to apply under the 8-
hour standard for RFP?

11. How will RFP be addressed in Tribal areas?

12. How will RFP targets be calculated?

J. Are contingency measures required in the event of failure to meet a milestone or attain the 8-hour ozone NAAQS?

1. Background

2. Proposal

K. What requirements should apply for RACM and RACT for 8-hour ozone nonattainment areas?

1. Background

2. Proposed approach for RACT in general for areas covered under subpart 2

3. Proposed approach for RACT in general for areas covered under subpart 1

4. Proposed approach for previous source-specific major source RACT determinations

5. Proposed approach for NOx RACT determinations in areas affected by the NOx SIP Call

6. Proposed approach for NOx as an ozone precursor

7. Proposed approach for RACM

8. Proposed submission date for RACT and RACM requirements

L. How will the section 182(f) NOx provisions be handled under the 8-hour ozone standard?

M. What aspects of transportation conformity and the 8-hour ozone standard are addressed in this proposal?

1. What is transportation conformity?

2. Why is EPA discussing transportation conformity in this proposed rulemaking?

3. Are any changes being made to transportation conformity in this proposed rulemaking?

4. When does transportation conformity apply to 8-hour ozone nonattainment areas?

5. How does the 1-year grace period apply in metropolitan areas?

6. How does the 1-year grace period apply in "donut" areas?

7. How does the 1-year grace period apply in isolated rural areas?

8. Does conformity apply for the 1-hour ozone standard once the 1-
hour ozone standard is revoked?

9. Would transportation conformity apply if motor vehicles are an insignificant portion of an area's air quality problem?

10. What are EPA's plans for amending the conformity rule to address the 8-hour ozone standard?

11. What impact will the implementation of the 8-hour ozone standard have on a State's Transportation Conformity SIP?

12. What other parts of this proposal could affect transportation conformity determinations?

N. What requirements for General Conformity should apply to the 8-hour ozone standard?

1. What is the purpose of the General Conformity regulations?

2. How is the General Conformity program currently structured?

3. Who runs the General Conformity program?

4. How does an agency demonstrate conformity?

5. General Conformity regulation revisions for the 8-hour ozone standard

6. How does the 1-year grace period apply to General Conformity determinations?

O. How should the NSR Program be implemented under the 8-hour ozone NAAQS?

1. Background

2. Nonattainment NSR under the 8-hour ozone standard

3. Under what circumstances is a transitional program needed during the interim period?

4. Elements of the Appendix S transitional program

5. Will a State be required to assure that the increased emissions from a new major source do not cause or contribute to a violation in a nearby nonattainment area before it issues a preconstruction permit under Appendix S?

6. What happens at the end of the interim period?

7. What is the legal basis for providing this transitional program?

8. How should the NSR requirements be implemented for new 8-hour ozone areas that encompass the old 1-hour ozone nonattainment areas after EPA revokes the 1-hour ozone standard?

9. NSR option to encourage development patterns that reduce overall emissions-–Clean Air Development Communities

10. Tribal concerns

P. How will EPA ensure that the 8-hour ozone standard will be implemented in a way which allows an optimal mix of controls for ozone, PM2.5, and regional haze?

1. Could an area's 8-hour ozone strategy affect its PM2.5 and/or regional haze strategy?

2. What guidance has EPA provided regarding ozone, PM2.5 and regional haze interaction?

3. What is EPA proposing?

Q. What emission inventory requirements should apply under the 8-hour ozone NAAQS?

R. What guidance should be provided that is specific to Tribes?

S. What are the requirements for OTRs under the 8-hour ozone standard?

T. Are there any additional requirements related to enforcement and compliance?

U. What requirements should apply to emergency episodes?

V. What ambient monitoring requirements will apply under the 8-hour ozone NAAQS?

W. When will EPA require 8-hour attainment demonstration SIP submissions?

1. Background

2. Option being proposed

VII. Proposal of integrated frameworks using various options

VIII. Other Considerations

A. Will EPA be contemplating incentives for areas that want to take early action for reducing ozone under the 8-hour standard?

1. What are the Ozone Flex Guidelines for the 1-hour ozone NAAQS?

2. What is the "Early Action Compact" for implementing the 8-hour ozone NAAQS?

3. What is EPA's response to the Texas "Early Action Compact?"

4. Did EPA consider other options for incentives for areas that take early actions for reducing ozone?

5. What is the difference between the early action compact program and the transitional NSR program?

B. Clarification of how transition from 1-hour to 8-hour standard will work for early action compact areas, for conformity, and for NSR and PSD.

C. How will EPA's proposal affect funding under the Congestion Mitigation and Air Quality Improvement (CMAQ) Program?

D. Are there any environmental impact differences between the two major classification options being proposed?

IX. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments

G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer Advancement Act

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations

X. Appendices

Appendix A–-Comparison of Subpart 1 & 2 Requirements

Appendix B--"Applicable Requirements" under Subpart 2

Appendix C--Comparison of Transitional NSR and Early Action Compact Programs

Appendix D–Glossary of Terms and Acronyms

Appendix E--Application of Conformity, New Source Review and Prevention of Significant Deterioration under Various Transition Cases