Comments on EPA NPRM, Implementation of the 2008 NAAQS for Ozone


Page 8, in the second to last paragraph  -  The last sentence seems out of date since EPA has issued their 120 day letters already. 

Page 11, in the paragraph at the top of the page  -  The last sentence reads as if EPA will not be considering any 2009-2011 monitoring data when it makes it final designations.  If some areas did submit 2009-2011 data prior to EPA's release of their 120 day letters, this should be clarified.

Page 11, in the last paragraph before D  -  If EPA has already issued their 120 day letters, suggest this paragraph be updated to reflect where EPA is currently in the designation process.  Also, the last sentence does not seems to be consistent with what is stated on page 20 regarding EPA's intent to complete designations no later than May 31, 2012.

Page 12, last sentence in the paragraph before Section III, suggest adding "including general conformity" after "... for other purposes"

Page 20-23   -  EPA proposed 2 options for establishing the maximum attainment dates.  The commenter suggests option 2 (attainment date specified as a certain number of years from the end of the calendar year in which an area's nonattainment designation is effective.) may provide greater certainty to transportation agencies in preparing for their conformity analysis, as the attainment year is one of the analysis years.  This option may eliminate the uncertainty and confusion of which 3 consecutive ozone seasons should be considered in determining the attainment year, especially if the effective date of the designations is in the middle of the ozone season.

Starting on Page 23  -  Section IV.  Revoking the 97 ozone NAAQS for transportation conformity.  One commenter suggested that EPA also provide more information regarding the transition from the 97 ozone NAAQS to the 2008 NAAQS, especially on issues related to how conformity applies for the 97 standard during the 1 year grace period and once the 97 standard is revoked.   It is appropriate to include this type of information in this rulemaking for  review/comment as opposed to future implementation rules mostly addressing other issues.

Page 23  -  Section IV.  Other commenters suggested it would be appropriate to expand on transition and implementation in the forthcoming implementation rule. 

Page 24, The commenter recommend sto change the last sentence in the first paragraph (before Section A.) to something similar to the last sentence in the paragraph  before Section III on page 12, which is more definitive.

Page 28  -  In the second line on the page, suggest deleting the word "either" since the sentence does not present two options or ideas.

