"
Flynn,
Amy
E."
<
Amy_
E._
Flynn@
omb.
eop.
gov>

07/
20/
2005
06:
50
PM
To
John
Silvasi/
RTP/
USEPA/
US@
EPA
cc
Subject
FW:
EPA
Final
Rule:
8­
hour
Ozone
Implementation
(
Phase
II)

Please
find
attached
additional
comments
from
DOT/
FHWA.
Please
let
me
know
if
you
have
any
questions.

1.
EARLY
8­
hour
SIPs
In
the
July
1,
2004
conformity
rule
amendment,
EPA
indicated
that
areas
could
submit
early
8­
hour
SIPs
to
establish
motor
vehicle
budgets
so
that
these
areas
can
transition
quickly
to
budget
tests
for
conformity
determinations.

69
FR
40016
states
"
EPA
believes
that
the
option
for
an
area
to
submit
an
early
8­
hour
SIP
that
meets
Clean
Air
Act
requirements
provides
sufficient
flexibility
to
transition
areas
quickly
to
the
budget
test
for
future
conformity
determinations,
when
desired."

69
FR
40019
states
"
For
example,
an
area
could
submit
an
early
8­
hour
ozone
SIP
that
demonstrates
a
5­
10%
reduction
of
emissions
in
the
year
2007,
from
2002
baseline
year
emissions.
An
approvable
early
8­
hour
SIP
would
include
emissions
inventories
for
all
emissions
sources
for
the
entire
8­
hour
nonattainment
area
and
would
meet
applicable
requirements
for
reasonable
further
progress
SIPs.
For
more
information
on
establishing
an
early
SIP
and
how
it
could
be
used
for
conformity,
please
refer
to
the
final
8­
hour
ozone
implementation
rule."

The
excerpts
from
the
conformity
rule
imply
that
any
early
8­
hour
SIPs
(
not
just
limited
to
attainment
SIP)
can
be
submitted.
In
the
Phase
1
implementation
rule,
EPA
addressed
the
early
8­
hour
attainment
SIPs.
However,
the
phase
2
implementation
rule
does
not
include
any
discussion
of
early
submission
of
the
RFP
SIP
as
it
relates
to
conformity.
EPA
should
clarify
issues
related
to
early
8­
hour
RFP
SIP
submission
in
the
phase
2
implementation
rule.

2.
RFG
EPA
states
"
The
EPA
is
reserving
for
future
consideration
what
RFG
requirements
apply
to
areas
that
were
reclassified
as
severe
under
the
1­
hour
standard".
EPA
should
clarify
that
this
future
consideration
will
be
a
rulemaking.
