Issues raised are:

• States must demonstrate that substitution of NOx for VOC emissions reductions will result in equivalent ozone reductions at every air quality monitor in the nonattainment area.
• EPA’s failure to require this violates E.O. 12898 (regarding environmental justice) due to the potential for NOx disbenefits and ozone increases.
• EPA improperly relies on already-implemented measures in order to approve the contingency measures.