draft
4/
13/
04
8­
HOUR
OZONE
NAAQS
IMPLEMENTATION
 
FINAL
RULE
 
PHASE
I
MAJOR
CHANGES
SINCE
FEB.
26,
2004
VERSION
1.
Many
of
the
revisions
were
done
for
purposes
of
clarity
or
legal
defensibility.
2.
We've
added
regulatory
text
and
preamble
discussion
related
to
the
5%
classification
adjustment
available
under
section
181(
a)(
4)
and
the
voluntary
reclassification
under
section
181(
b)(
3).
3.
Removal
of
RFG
from
the
list
of
applicable
measures
under
subpart
2
(
since
RFG
is
really
required
under
Title
II
of
the
Act.
However,
we
say
they're
still
applicable
measures
under
the
CAA
in
general,
but
that
EPA
is
considering
whether
the
RFG
requirement
would
continue
to
be
an
applicable
requirement
in
the
future.
4.
Added
per
requests
from
at
least
one
state
clarification
of
whether
nonattainment
NSR
or
PSD
applies
regarding
issuance
of
new
source
permits
in
areas
that
were
attainment
under
the
1­
hour
standard
when
they
applied
for
a
permit
but
that
are
subsequently
designated
nonattainment
before
the
permit
is
issued.
(
The
answer
is
that
NA
NSR
must
be
met).
5.
Revisions
to
the
rationale
for
selecting
classification
option
2
and
rejecting
the
other
options
considered
and
revisions
to
the
comments
and
responses
on
classification
options.
6.
Most
significantly,
the
rule
and
preamble
have
been
revised
to
provide
that
1­
hour
NSR
obligations
would
not
apply
after
the
1­
hour
standard
is
revoked.
When
the
standard
is
revoked
(
1­
year
after
the
effective
date
of
the
8­
hour
designations),
a
State
could
remove
from
its
SIP
those
NSR
provisions
under
the
1­
hour
standard
with
a
demonstration
under
section
110(
l)
of
the
Act
that
such
revision
would
not
interfere
with
timely
attainment
or
reasonable
further
progress.

OTHER
REVISIONS:

7.
Some
sections
have
been
restructured
and
reorganized.
These
sections
include
those
on
classifications
and
anti­
backsliding
(
particularly
related
to
the
category
of
areas
that
are
initially
classified
as
attainment
for
the
8­
hour
standard).
8.
A
glossary
of
acronyms/
abbreviations
was
added
(
similar
to
that
in
proposal).
9.
A
table
of
contents
and
summary
of
the
final
rule
were
added.
