[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Proposed Rules]
[Pages 6743-6760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2991]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2009-0666; FRL-9629-3]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Illinois; Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a request from Illinois to
redesignate the Illinois portion of the Chicago-Gary-Lake County,
Illinois-Indiana (IL-IN) ozone nonattainment area (the Greater Chicago
area) to attainment of the 1997 8-hour ozone National Ambient Air
Quality Standard (NAAQS or standard) because the request meets the
statutory requirements for redesignation under the Clean Air Act (CAA).
The Illinois portion of the Greater Chicago area includes Cook, DuPage,
Kane, Lake, McHenry, and Will Counties and portions of Grundy (Aux
Sable and Goose Lake Townships) and Kendall (Oswego Township) Counties.
The Illinois Environmental Protection Agency (IEPA) submitted this
request on July 23, 2009, and supplemented its request in a submittal
on September 16, 2011. EPA is proposing to approve, as a revision of
the Illinois State Implementation Plan (SIP), the State's plan for
maintaining the 1997 8-hour ozone standard through 2025 in the Illinois
portion of the Greater Chicago area. EPA is proposing to approve 2002
Volatile Organic Compound (VOC) and Nitrogen Oxides (NOX)
emission inventories for the Illinois portion of the Greater Chicago
area as a revision of the Illinois SIP because the emission inventories
meet the requirements of section 182(a) of the CAA. Finally, EPA
proposes to approve the State's 2008 and 2025 VOC and NOX
Motor Vehicle Emission Budgets (MVEBs) for the Illinois portion of the
Greater Chicago area.
DATES: Comments must be received on or before March 12, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0666, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: [email protected].
Fax: (312) 408-2279.
Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Douglas Aburano, Chief, Attainment Planning
and Maintenance Section (AR-18J), U.S. Environmental Protection Agency,
77 West Jackson Boulevard, 18th Floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0666. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects and viruses. For additional
instructions on submitting comments, go to section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Edward Doty at (312) 886-6057
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6057, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
Table of Contents
I. What should I consider as I prepare my comments for EPA?
II. What actions is EPA proposing?
III. What is the background for these actions?
A. General Background
B. What are the impacts of the December 22, 2006, and June 8,
2007, United States Court of Appeals decisions regarding EPA's Phase
1 Ozone Implementation Rule?
1. Summary of Court Decisions
2. Requirements Under the 8-Hour Ozone Standard
3. Requirements Under the 1-Hour Ozone Standard
IV. What are the criteria for redesignation?
V. What is EPA's analysis of the State's ozone redesignation
request?
A. Has the Greater Chicago area attained the 1997 8-hour ozone
NAAQS?
B. Has the State of Illinois met all applicable requirements of
Section 110 and Part D of the CAA for the Illinois portion of the
Greater Chicago area, and does the Illinois portion of the Greater
Chicago area have a fully approved SIP under Section 110(k) of the
CAA?
1. The Illinois Portion of the Greater Chicago Area Has Met All
Applicable Requirements of Section 110 and Part D of the CAA for
Purposes of Redesignation
2. The Illinois Portion of the Greater Chicago Area Has a Fully
Approved SIP for Purposes of Redesignation Under Section 110 of the
CAA
[[Page 6744]]
3. The Illinois Portion of the Greater Chicago Area Has a Fully
Approved SIP and Meets Anti-Backsliding Requirements Under the 1-
Hour Ozone Standard
C. Are the air quality improvements in the Greater Chicago area
due to permanent and enforceable emission reductions?
1. Permanent and Enforceable Controls Implemented
2. Emission Reductions
D. Does Illinois have a fully approvable ozone maintenance plan?
1. Maintenance Plan Requirements
2. Attainment Inventory
3. Has the State documented maintenance of the ozone standard in
the Illinois portion of the Greater Chicago area?
4. What is the contingency plan for the Illinois portion of the
Greater Chicago area?
5. Monitoring Network and Verification of Continued Attainment
VI. Has the State adopted approvable motor vehicle emission budgets?
VII. 2002 Emissions Inventories
VIII. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified in the proposed rule.
II. What actions is EPA proposing?
EPA is proposing to take several related actions. First, EPA is
proposing to approve the redesignation of the Illinois portion of the
Greater Chicago area from nonattainment to attainment of the 1997 8-
hour ozone NAAQS. EPA is also proposing to approve Illinois' ozone
maintenance plan for the Illinois portion of the Greater Chicago area
as a revision of the Illinois SIP (such approval being one of the CAA
criteria for redesignation to attainment). The ozone maintenance plan
demonstrates that the Greater Chicago area should remain in attainment
of the 1997 8-hour ozone standard through 2025, and specifies the
measures that will be taken in the Illinois portion of the Greater
Chicago area to assure maintenance of the 1997 8-hour ozone standard in
the Greater Chicago area.
EPA is proposing to approve 2002 VOC and NOX emission
inventories for the Illinois portion of the Greater Chicago area as a
revision of the Illinois SIP. These emission inventories satisfy the
requirements in section 182(a)(1) of the CAA for comprehensive,
accurate, and current emission inventories.
Finally, EPA is proposing to approve VOC and NOX 2008
and 2025 MVEBs for the Illinois portion of the Greater Chicago area.
III. What is the background for these actions?
A. General Background
EPA has determined that ground-level ozone (O3) is
detrimental to human health. On July 18, 1997 (62 FR 38856), EPA
promulgated an 8-hour ozone NAAQS of 0.08 parts per million parts of
air (0.08 ppm) (the 1997 8-hour ozone standard). This standard is
violated in an area when any monitor in the area records 8-hour ozone
concentrations with a 3-year average of the annual fourth-highest daily
maximum 8-hour ozone concentrations equaling or exceeding 0.085 ppm.
Ground-level ozone is generally not emitted directly by sources.
Rather, emitted NOX and VOC react in the presence of
sunlight to form ground-level ozone, as a secondary pollutant, along
with other secondary compounds. NOX and VOC are ``ozone
precursors.'' Reduction of peak ground-level ozone concentrations is
achieved through controlling VOC and NOX emissions.
Section 107 of the CAA required EPA to designate as nonattainment
any area that violated the 1997 8-hour ozone standard. EPA promulgated
8-hour ozone designations and classifications on April 30, 2004 (69 FR
23857). The Greater Chicago area was designated and classified as a
moderate nonattainment area for the 1997 8-hour ozone standard. The
designation and classification became effective on June 15, 2004.
The CAA contains two sets of provisions, subparts 1 and 2, that
address planning and emission control requirements for ozone
nonattainment areas. Both of these subparts are found in title I, part
D of the CAA; sections 171-179 and sections 181-185, respectively.
Subpart 1 contains general, less prescriptive requirements for all
nonattainment areas of any pollutant, including ozone, governed by a
NAAQS. Subpart 2 contains additional, more specific requirements for
certain ozone nonattainment areas, and applies to ozone nonattainment
areas classified under section 181 of the CAA.
Under EPA's implementation rule for the 1997 8-hour ozone standard
(69 FR 23951, April 30, 2004), an area was classified under subpart 2
based on its 8-hour ozone design value (i.e., the 3-year average annual
fourth-highest daily maximum 8-hour average ozone concentration at the
worst-case monitoring site in the area or in its immediate downwind
environs), if it had a 1-hour ozone design value \1\ at the time of
designation at or above 0.121 ppm. All other areas were covered under
subpart 1 based on their 8-hour ozone design values \2\ (69 FR 23958).
The Greater Chicago area was designated as a subpart 2 moderate ozone
nonattainment area by EPA on April 30, 2004 (69 FR 23898), based on air
quality monitoring data from 2001-2003 (69 FR 23898).
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\1\ Fourth-highest daily maximum 1-hour ozone concentration over
a 3-year period at the worst-case monitoring site in the area.
\2\ Three-year averages of the annual fourth-highest daily
maximum 8-hour ozone concentrations at the worst-case monitoring
sites in the areas.
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40 CFR 50.10 and 40 CFR part 50, appendix I provide that the 8-hour
ozone standard is attained when the 3-year averages of the annual
fourth-highest daily maximum 8-hour average ozone concentrations at all
monitoring sites in the area are less than or equal to 0.08 ppm. The
ozone data must be complete over the 3-year period, meeting the data
completeness requirements of 40 CFR part 50, appendix I, section
2.3(d).
On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm (the 2008 8-hour ozone standard). EPA has
not yet promulgated area designations for this standard. The actions
addressed in this proposed rule relate only to the 1997 8-hour ozone
standard.
On July 23, 2009, IEPA requested that EPA redesignate the Illinois
portion of the Greater Chicago area to attainment for the 1997 8-hour
ozone standard based on ozone data for the period of 2006-2008. On
September 16, 2011, IEPA supplemented the original redesignation
request, submitting ozone data for the period of 2008-2010, revising
the mobile source emission estimates using EPA's new on-road
[[Page 6745]]
mobile source emissions model, MOVES, and extending the demonstration
of maintenance through 2025, with new MVEBs.
B. What are the impacts of the December 22, 2006, and June 8, 2007,
United States Court of Appeals decisions regarding EPA's Phase 1 Ozone
Implementation Rule?
1. Summary of Court Decisions
On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Circuit) vacated EPA's Phase 1 implementation
rule for the 1997 8-hour ozone standard (69 FR 23591, April 30, 2004).
South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C.
Cir. 2006). On June 8, 2007, in response to several petitions for
rehearing, the D.C. Circuit Court (Court) clarified that the Phase 1
rule was vacated only for those parts of the rule that had been
successfully challenged. Id., Docket No. 04 1201. Therefore, several
provisions of the Phase 1 rule remain effective: Provisions related to
classifications for areas currently classified under subpart 2 of title
I, part D of the CAA as 8-hour ozone nonattainment areas; 8-hour ozone
attainment dates for these areas; and, the timing of emission
reductions needed for attainment of the 8-hour ozone NAAQS in these
areas. The June 8, 2007, decision also left intact the Court's
rejection of EPA's reasons for implementing the 8-hour ozone standard
in certain nonattainment areas under subpart 1 in lieu of subpart 2 of
the CAA. By limiting the vacatur, the Court let stand EPA's revocation
of the 1-hour ozone standard and those anti-backsliding provisions of
the Phase 1 rule that had not been successfully challenged.
The June 8, 2007, decision reaffirmed the December 22, 2006,
decision that EPA had failed to retain four measures required for 1-
hour ozone nonattainment areas under the anti-backsliding provisions of
the regulations: (1) Part D New Source Review (NSR) requirements based
on an area's 1-hour nonattainment classification; (2) section 185
penalty fees for 1-hour severe or extreme ozone nonattainment areas;
(3) measures to be implemented pursuant to section 172(c)(9) or
182(c)(9) of the CAA, on the contingency of an area not making
reasonable further progress toward attainment of the 1-hour ozone
NAAQS, or for failure to attain the NAAQS; and, (4) certain
transportation conformity requirements for Federal actions. The June 8,
2007, decision clarified that the Court's reference to conformity
requirements was limited to requiring the continued use of 1-hour MVEBs
until 8-hour MVEBs are available for the 8-hour conformity
determinations.
This section sets forth EPA's views on the potential effect of the
Court's rulings on this proposed redesignation action. For the reasons
set forth below in sections III.B.2 and B.3, EPA does not believe that
the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from proposing and ultimately finalizing this
redesignation. EPA believes that the Court's decisions impose no
impediment to moving forward with redesignation of this area to
attainment, because, even in light of the Court's decisions,
redesignation is appropriate under the relevant redesignation
provisions of the CAA and longstanding policies regarding redesignation
requests.
2. Requirements Under the 8-Hour Ozone Standard
With respect to the 1997 8-hour ozone standard, the Greater Chicago
area is classified as moderate nonattainment under subpart 2, part D of
the CAA. The June 8, 2007, decision clarifies that the Court did not
vacate the Phase 1 rule's provisions with respect to classifications
for areas under subpart 2. The Court's decision, therefore, upholds
EPA's classifications for those areas classified under subpart 2 for
the 1997 8-hour ozone standard, and all 8-hour ozone requirements for
these areas remain in place.
3. Requirements Under the 1-Hour Ozone Standard
In its June 8, 2007, decision, the Court limited its Phase 1 rule
vacatur so as to uphold provisions of EPA's anti-backsliding
requirements that were not successfully challenged. Therefore, an area
must meet the anti-backsliding requirements which apply by virtue of
the area's classification for the 1-hour ozone standard. See 40 CFR
51.900, et seq.; 70 FR 30592, 30604 (May 26, 2005). As set forth in
more detail below, the area must address four anti-backsliding
provisions identified by the Court in its decisions.
The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone standard requirements that continue to apply after
revocation of the 1-hour ozone standard for former 1-hour ozone
nonattainment areas. Section 51.905(a)(1)(i) provides that:
The area remains subject to the obligation to adopt and
implement the applicable requirements as defined in section
51.900(f), except as provided in paragraph (a)(1)(iii) of this
section, and except as provided in paragraph (b) of this section.
Section 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005),
provides that:
Applicable requirements means for an area that the following
requirements, to the extent such requirements applied to the area
for the area's classification under section 181(a)(1) of the CAA for
the 1-hour NAAQS at the time of designation for the 8-hour NAAQS,
remain in effect:
(1) Reasonably available control technology (RACT).
(2) Inspection and maintenance programs (I/M).
(3) Major source applicability cut-offs for purposes of RACT.
(4) Rate of Progress (ROP) reductions.
(5) Stage II vapor recovery.
(6) Clean fuels fleet program under section 183(c)(4) of the
CAA.
(7) Clean fuels for boilers under section 182(e)(3) of the CAA.
(8) Transportation Control Measures (TCMs) during heavy traffic
hours as provided under section 182(e)(4) of the CAA. [Not a
requirement for the Illinois portion of the Greater Chicago area.]
(9) Enhanced (ambient) monitoring under section 182(c)(1) of the
CAA.
(10) TCMs under section 182(c)(5) of the CAA.
(11) Vehicle miles traveled (VMT) provisions of section
182(d)(1) of the CAA.
(12) NOX requirements under section 182(f) of the
CAA.
(13) Attainment demonstration or alternative as provided under
section 51.905(a)(1)(ii).
Pursuant to 40 CFR 51.905(c), the Illinois portion of the Greater
Chicago area is subject to the obligations set forth in 51.905(a) and
51.900(f).
With regard to part D NSR requirements, EPA has determined that an
area being redesignated to attainment need not have an approved
nonattainment NSR program, provided that the state demonstrates
maintenance of the standard in the area without part D NSR in effect.
The rationale for this view is described in a memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation dated October
14, 1994, titled, ``Part D New Source Requirements for Areas Requesting
Redesignation to Attainment.'' This policy assumes that the state's
Prevention of Significant Deterioration (PSD) program will become
effective in the area upon redesignation of the area to attainment.
Consequently, EPA concludes that an approved part D NSR program is not
an applicable requirement for purposes of redesignation. See the more
detailed explanations of this issue in the following rulemakings:
Detroit, Michigan (60 FR 12467-12468 (March 7, 1995); Cleveland-Akron-
Lorain, Ohio
[[Page 6746]]
(61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 FR
53665, 53669, October 23, 2001); Grand Rapids, Michigan (61 FR 31831,
31836-31837, June 21, 1996).
The conformity portion of the Court's ruling does not impact the
redesignation request for the Illinois portion of the Greater Chicago
area except to the extent that the Court, in its June 8, 2007, decision
clarified that, for those areas with MVEBs for the 1-hour ozone
standard, anti-backsliding requires that these MVEBs must be used for
8-hour conformity determinations until replaced by MVEBs for the 8-hour
ozone standard. To meet this requirement, conformity determinations in
such areas must comply with the applicable requirements of EPA's
conformity regulations at 40 CFR part 93. Note below that EPA is
proposing to find adequate and approve 8-hour MVEBs established by
Illinois' 8-hour ozone maintenance plan for the Illinois portion of the
Greater Chicago area.
Severe ozone nonattainment areas must meet the CAA requirement for
section 185 source penalty fees. Since the Greater Chicago area was
classified as severe nonattainment under the 1-hour ozone standard, the
Illinois portion of the Greater Chicago area and the Illinois SIP for
this area are subject to this CAA requirement. It should be noted,
however, that on December 30, 2008 (73 FR 79652), EPA published a final
rule making a determination that the Greater Chicago area had attained
the 1-hour ozone standard and confirming that this finding of
attainment relieved Illinois (and Indiana) of the obligation to adopt
section 185 source penalty fee regulations for this area.
Finally, with regard to the contingency measure requirements under
sections 172(c)(9) and 182(c)9) of the CAA, it is noted that these
requirements must be addressed in state ozone Reasonable Further
Progress (RFP) and attainment demonstration plans. Illinois addressed
these requirements in the 1-hour ozone RFP and attainment demonstration
plans for the Illinois portion of the Greater Chicago area by adopting
and implementing extra VOC and NOX emission controls that go
beyond the emission reductions needed for RFP and attainment of the 1-
hour ozone standard. EPA approved these ozone control plans, including
their contingency elements: VOC-15 percent RFP plan (December 18, 1997,
62 FR 66279); post-1996 RFP plan (December 18, 2000, 65 FR 78961); and,
1-hour ozone attainment demonstration and post-1999 RFP plan (November
13, 2001, 66 FR 56904). Therefore, Illinois has met the contingency
requirements of sections 172(c)(9) and 182(c)(9) of the CAA for the 1-
hour ozone standard. As noted later in this proposed rule, Illinois has
committed to retain and to implement all VOC and NOX
emission control measures under the 1-hour ozone RFP and attainment
plans for the Illinois portion of the Greater Chicago area.
IV. What are the criteria for redesignation?
The CAA provides the basic requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of
the CAA authorizes redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS based on
current air quality data; (2) the Administrator has fully approved an
applicable state implementation plan for the area under section 110(k)
of the CAA; (3) the Administrator determines that the improvement in
air quality is due to permanent and enforceable emission reductions
resulting from implementation of the applicable SIP, Federal air
pollution control regulations, and other permanent and enforceable
emission reductions; (4) the Administrator has fully approved a
maintenance plan for the area meeting the requirements of section 175A
of the CAA; and, (5) the state has met all requirements applicable to
the area under section 110 and part D of the CAA.
EPA provided guidance on redesignations in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990 on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070).
Two significant policy documents affecting the review of ozone
redesignation requests are the following: (1) ``Procedures for
Processing Requests To Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992 (the September 4, 1992 Calcagni memorandum); and, (2)
``Reasonable Further Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone National
Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995
(the May 10, 1995 Clean Data Policy memorandum). Additional guidance on
processing redesignation requests is included in the following
documents:
``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17,
1993;
``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
``Use of Actual Emissions in Maintenance Demonstrations
for Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
and,
``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994.
V. What is EPA's analysis of the State's ozone redesignation request?
EPA is proposing to approve Illinois' ozone redesignation request
for the Illinois portion of the Greater Chicago area with a
determination that the Greater Chicago area has attained the 1997 8-
hour ozone standard based on current ozone monitoring data for 2008-
2010 and that the State of Illinois and the Illinois portion of this
area have met all other applicable redesignation criteria for the 1997
8-hour ozone standard under section 107(d)(3)(E) of the CAA. The basis
for EPA's proposed approval of the redesignation request is discussed
in more detail as follows.
[[Page 6747]]
A. Has the Greater Chicago area attained the 1997 8-hour ozone NAAQS?
An area may be considered to be attaining the 1997 8-hour ozone
NAAQS if there are no violations of the NAAQS, as determined in
accordance with 40 CFR 50.10 and appendix I, based on the most recent 3
consecutive years of complete, quality-assured air quality monitoring
data at all ozone monitoring sites in the area and in its nearby
downwind environs. To attain this standard, the average of the annual
fourth-high daily maximum 8-hour average ozone concentrations measured
and recorded at each monitoring site over the most recent 3-year period
(the monitoring site's ozone design value) must not exceed 0.084 ppm.
The data must be collected and quality-assured in accordance with 40
CFR part 58, and must be recorded in EPA's Air Quality System (AQS).
As part of the July 23, 2009, ozone redesignation request, IEPA
summarized the annual fourth-high daily maximum 8-hour ozone
concentrations and the 3-year 8-hour ozone design values for the period
of 2006-2008 for all ozone monitoring sites in the Greater Chicago
area. This ozone data summary also includes ozone concentration data
for the Chiwaukee Prairie monitoring site in Wisconsin, an ozone peak
downwind impact site for ozone precursor emissions originating in the
Greater Chicago area. The September 16, 2011, updated ozone
redesignation request from Illinois also summarized the annual fourth-
high ozone data for all monitoring sites for the period of 2006-2008.
Table 1 summarizes the monitoring site-specific annual fourth-high
daily maximum 8-hour ozone concentrations and 3-year ozone design
values for all monitoring sites covered in Illinois' ozone
redesignation request for the period of 2006-2010. Note that we have
included 2009 and 2010 ozone monitoring data in this summary. These
additional data were obtained from EPA's AQS. Since Illinois' July 23,
2009, submittal of the ozone redisignation request, 2009 and 2010 ozone
monitoring data have been quality assured and submitted to EPA's AQS.
Table 1--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations in Parts per Million (ppm) and 3-Year Averages
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3-Year 3-Year
State/County Monitoring site (AQS Site ID) 2006 2007 2008 2009 2010 average average
2006-2008 2008-2010
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Illinois:
Cook............................... Alsip (170310001)...................... 0.078 0.085 0.066 0.069 0.073 0.076 0.69
Cook............................... Chicago--SWFP (170310032).............. 0.075 0.082 0.067 0.065 0.074 0.074 0.069
Cook............................... Chicago--University of Chicago 0.070 0.079 0.063 0.060 0.071 0.070 0.065
(170310064).
Cook............................... Chicago--Jardine (170310072)........... 0.065 0.075 0.063 0.062 0.071 0.067 0.065
Cook............................... Chicago--Commonwealth Edison 0.075 0.080 0.066 0.067 0.068 0.073 0.067
(170310076).
Cook............................... Chicago--Taft (170311003).............. 0.077 0.079 0.064 0.064 0.070 0.073 0.066
Cook............................... Lemont (170311601)..................... 0.070 0.085 0.071 0.067 0.073 0.075 0.070
Cook............................... Cicero (170314002)..................... 0.060 0.068 0.060 0.067 0.068 0.062 0.065
Cook............................... Des Plaines (170314007)................ 0.065 0.078 0.057 0.050 0.064 0.066 0.057
Cook............................... Northbrook (170314201)................. 0.068 0.076 0.065 0.069 0.072 0.069 0.069
Cook............................... Evanston (170317002)................... 0.072 0.080 0.058 0.064 0.067 0.070 0.063
DuPage............................. Lisle (170436001)...................... 0.062 0.072 0.057 0.059 0.064 0.063 0.060
Kane............................... Elgin (170890005)...................... 0.062 0.075 0.061 0.068 0.069 0.066 0.066
Lake............................... Waukegan (170971002)................... 0.071 0.081 0.063 0.057 0.074 0.071 0.065
Lake............................... Zion (170971007)....................... 0.068 0.080 0.069 0.075 0.078 0.072 0.074
McHenry............................ Cary (171110001)....................... 0.057 0.074 0.065 0.066 0.065 0.065 0.065
Will............................... Braidwood (171971011).................. 0.068 0.071 0.060 0.063 0.065 0.066 0.063
Indiana:
Lake............................... Gary (180890022)....................... 0.073 0.085 0.062 0.058 0.064 0.073 0.061
Lake............................... Whiting (180890030).................... 0.081 0.088 0.062 0.062 0.069 0.077 0.064
Lake............................... Hammond (180892008).................... 0.075 0.077 0.068 0.065 0.069 0.073 0.067
Porter............................. Valparaiso (181270026)................. 0.071 0.080 0.061 0.064 0.061 0.070 0.062
Wisconsin:
Kenosha............................ Chiwaukee Prairie (550590019).......... 0.079 0.085 0.072 0.071 0.081 0.078 0.075
--------------------------------------------------------------------------------------------------------------------------------------------------------
IEPA notes that the 2006-2008 ozone design values for all
monitoring sites are below the 0.084 ppm attainment level. We also note
that the 2008-2010 ozone design values for all monitoring sites are
below the 0.084 ppm attainment level. Therefore, the ozone monitoring
data for the Greater Chicago area and for Chiwaukee Prairie in
Wisconsin show attainment of the 1997 8-hour ozone standard.
IEPA commits to continue ozone monitoring at the Illinois
monitoring sites in accordance with EPA-approved monitoring plans, as
required to confirm maintenance of the 1997 8-hour ozone standard.
Should changes in the ozone monitoring system become necessary, IEPA
commits to work with the EPA to assure the continued adequacy of the
ozone monitoring network in the Illinois portion of the Greater Chicago
area.
Based on the available ozone monitoring data, we conclude that the
Greater Chicago area has attained the 1997 8-hour ozone standard, and
has continued to attain this ozone standard through the most recent
three years of quality-assured ozone monitoring data.
B. Has State of Illinois met all applicable requirements of Section 110
and Part D of the CAA for the Illinois portion of the Greater Chicago
area, and does the Illinois portion of the Greater Chicago area have a
fully approved SIP under Section 110(k) of the CAA?
In April 2004, the Greater Chicago area was designated as a
moderate nonattainment area with a June 15, 2010, attainment deadline
for the 1997 8-hour ozone standard. Prior to this, the Greater Chicago
area had been designated as a severe nonattainment area with a November
15, 2007,
[[Page 6748]]
attainment deadline for the 1-hour ozone standard. As a result of these
nonattainment designations, the State of Illinois was required to
submit SIP revisions that meet certain ozone planning and emission
control requirements of the CAA.
The September 4, 1992, Calcagni memorandum confirms that a state
with an area seeking redesignation to attainment has to fully adopt
rules and meet SIP requirements that come due prior to the submittal of
a complete redesignation request. See also 60 FR 12459, 12465-66 (March
7, 1995) (redesignation of Detroit-Ann Arbor, Michigan); 68 FR 25424,
25427 (May 12, 2003) (redesignation of St. Louis); Sierra Club v. EPA,
375 F.3d 537 (7th Cir. 2004); and, 70 FR 19895, 19900 (April 15, 2005)
(redesignation of Cincinnati). Furthermore, requirements of the CAA
that come due subsequent to the state's submittal of a complete
redesignation request would continue to be applicable to the area until
redesignation to attainment is approved, but are not required as a
prerequisite for redesignation (see section 175A(c) of the CAA). If the
redesignation is disapproved or is not completed due to a subsequent
violation of the ozone standard in the area prior to final approval of
the state's ozone redeignation request, the state remains obligated to
fulfill these CAA requirements.
We are proposing to determine that the State of Illinois and the
Illinois portion of the Greater Chicago area have met all currently
applicable SIP requirements for purposes of redesignation of the
Illinois portion of the Greater Chicago area to attainment of the 1997
8-hour ozone standard under section 110 and part D of the CAA. We have
determined that the Illinois SIP, with the exception of the 2002 base
year VOC and NOX emission inventories and certain VOC RACT
rules: (1) Meets all SIP requirements currently applicable for purposes
of redesignation under part D of title I of the CAA, in accordance with
section 107(d)(3)(E)(v) of the CAA; and, (2) is fully approved with
respect to all applicable requirements for purposes of redesignation to
attainment of the 1997 8-hour ozone standard, in accordance with
section 107(d)(3)(E)(ii) of the CAA.
As discussed below in section VII, EPA is proposing to approve
Illinois' 2002 base year VOC and NOX emission inventories as
meeting the SIP emission inventory requirement of section 182(a)(1) of
the CAA. If EPA approves the emission inventories in a final rule,
Illinois will have met the ozone precursor emission inventory
requirements of the CAA.
In the September 16, 2011, submittal the IEPA submitted VOC
emission control regulations and other rule revisions needed to meet
the VOC RACT requirements of the CAA.\3\ On November 30, 2011, EPA
proposed to approve all of these regulations and rule revisions as
revisions of the Illinois SIP. If these VOC emission control
regulations and revised rules are approved through a final rulemaking
and are incorporated into the Illinois SIP, Illinois will have met the
CAA requirements for VOC RACT.
---------------------------------------------------------------------------
\3\ Required VOC RACT rule revisions were also submitted by the
IEPA on July 29, 2010 and September 29, 2011.
---------------------------------------------------------------------------
Recognizing that the base year VOC and NOX emission
inventories and VOC RACT rules must be approved on or before we
complete final rulemaking approving Illinois' ozone redesignation
request, we determine here that, assuming that these approvals occur,
Illinois will have met all applicable section 110 and part D SIP
requirements of the CAA for purposes of approval of Illinois' ozone
redesignation request for the Illinois portion of the Greater Chicago
area. In making this determination, we have ascertained what SIP
requirements are applicable to the Illinois portion of the Greater
Chicago area for purposes of redesignation.
1. The Illinois Portion of the Greater Chicago Area Has Met All
Applicable Requirements of Section 110 and Part D of the CAA for
Purposes of Redesignation
a. Section 110: General Requirements for Implementation Plans
Section 110(a) of the CAA contains the general requirements for a
SIP. Section 110(a)(2) provides that the SIP implemented by a state
must have been adopted by the state after reasonable public notice and
hearing, and that, among other things, it must: (1) Include enforceable
emission limitations and other control measures, means or techniques
necessary to meet the requirements of the CAA; (2) provide for
establishment and operation of appropriate devices, methods, systems
and procedures necessary to monitor ambient air quality; (3) provide
for implementation of a source permit program to regulate the
modification and construction of stationary sources within the areas
covered by the plan; (4) include provisions for the implementation of
part C PSD and part D NSR permit programs; (5) include criteria for
stationary source emission control measures, monitoring, and reporting;
(6) include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
certain air pollutants, e.g., NOX SIP call.\4\ However, the
section 110(a)(2)(D) SIP requirements are not linked with a particular
area's designation and classification. EPA concludes that the SIP
requirements linked with an area's designation and classification are
the relevant measures to evaluate when reviewing a redesignation
request for the area. The section 110(a)(2)(D) requirements, where
applicable, continue to apply to a state regardless of the designation
of any one particular area within the state. Thus, we believe these
requirements are not applicable requirements for purposes or
redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399 (October
19, 2001), 68 FR 25418, 25426-27 (May 13, 2003).
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\4\ On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP call requiring the District of Columbia and 22
States to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. In compliance with EPA's
NOX SIP Call, IEPA developed rules governing the control
of NOX emissions from Electric Generating Units (EGUs),
major non-EGU industrial boilers and turbines, and major cement
kilns. EPA approved Illinois' rules as fulfilling the requirements
of the NOX SIP call on November 8, 2001, at 66 FR 56449
and 66 FR 56454.
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Further, we believe that section 110(a)(2) elements, other than
those described above that are not connected with nonattainment plan
submissions and that are not linked with an area's attainment status
are also not applicable requirements for purposes of redesignation. A
state remains subject to these requirements regardless of an area's
designation and after the area is redesignated to attainment. We
conclude that only the section 110 and part D requirements that are
linked with an area's designation and classification are the relevant
measures for evaluating this aspect of a redesignation request. This
approach is consistent with EPA's policy on applicability of conformity
and oxygenated fuel requirements for redesignation purposes, as well as
with section 184 ozone transport requirements. See: Reading,
Pennsylvania proposed and final rulemakings (61 FR 53174-53176, October
10, 1996 and 62 FR 24826, May
[[Page 6749]]
7, 1997); Cleveland-Akron-Loraine, Ohio final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida final rulemaking (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio ozone redesignation (65 FR 37890, June 19, 2000), and
the Pittsburgh, Pennsylvania ozone redesignation (66 FR 50399, October
19, 2001).
We have reviewed the Illinois SIP and conclude that it meets the
general SIP requirements under section 110 of the CAA applicable to the
State's request for redesignation. EPA has previously approved
provisions of the Illinois SIP addressing section 110 elements under
the 1-hour ozone standard (40 CFR 52.720 and 40 CFR 52.722). Further,
in a submittal dated December 12, 2007, Illinois confirmed that the
State continues to meet the section 110(a)(2) infrastructure
requirements for the 8-hour ozone standard. EPA approved elements of
this Illinois submittal on July 13, 2011, at 76 FR 41075. The
requirements of section 110(a)(2), however, are statewide requirements
that are not linked to the 8-hour ozone nonattainment status of the
Illinois portion of the Greater Chicago area. Therefore, EPA concludes
that these infrastructure elements are not applicable requirements for
purposes of review of the State's 8-hour ozone redesignation request.
b. Part D Requirements
EPA has determined that, if EPA finalizes the approval of the 2002
base year VOC and NOX emission inventories and the Illinois
VOC RACT rules, discussed below under the heading ``Subpart 2 Section
182(a) and (b) Requirements,'' the Illinois SIP will meet the SIP
requirements applicable for purposes of redesignation under part D of
the CAA for the Illinois portion of the Greater Chicago area. Subpart 1
of part D, found in sections 172-176 of the CAA, sets forth the basic
nonattainment area requirements applicable to all nonattainment areas.
Subpart 2 of part D, which includes section 182 of the CAA, establishes
additional, specific requirements for ozone nonattainment areas
depending on an area's ozone nonattainment classification.
As noted above, the Greater Chicago area was classified as moderate
nonattainment for the 1997 8-hour ozone standard under subpart 2 of
part D of the CAA. Therefore, Illinois must meet the requirements of
subpart 1 and subpart 2 of part D of the CAA applicable for purposes of
redesignation. The applicable subpart 1 requirements are contained in
sections 172(c)(1)-(9) and 176 of the CAA. The applicable subpart 2
requirements are contained in sections 182(a)-(b) (moderate
nonattainment area requirements) of the CAA.
Subpart 1 Section 172 Requirements
A thorough discussion of the requirements contained in section 172
can be found in the General Preamble for Implementation of Title I (57
FR 13498, April 16, 1992).
Section 172(c)(1) requires the state plans for all nonattainment
areas to provide for the implementation of Reasonably Available Control
Measures (RACM), including RACT at a minimum, as expeditiously as
practicable. EPA interprets this requirement to impose a duty on all
states with nonattainment areas to consider all available control
measures and to adopt and implement such measures as are reasonably
available for implementation in the areas as components of the areas'
attainment demonstrations (the attainment demonstrations must address
RACM). Because attainment of the 1997 8-hour ozone standard has been
reached in the Greater Chicago area, no additional RACM measures,
beyond RACT, are needed to provide for attainment, and section
172(c)(1) requirements (other than RACT) are no longer considered to be
applicable as a prerequisite for approval of Illinois' redesignation
request, provided the Greater Chicago area continues to attain the
standard until redesignation of the Illinois portion of the area
occurs. See 57 FR 13498, 13564 (April 16, 1991), 40 CFR 51.918.
Section 172(c)(2) requires plans for all nonattainment areas to
provide for RFP toward attainment of the NAAQS. This requirement is not
relevant to the Greater Chicago area for purposes of redesignation
because the Greater Chicago area has monitored attainment of the 1997
8-hour ozone standard. General Preamble, 57 FR 13564. In addition,
pursuant to EPA's determination of attainment of the 1997 8-hour ozone
standard for the Greater Chicago area, the requirement for RFP under
section 172(c)(2), as well as the section 172(c)(9) contingency measure
requirement, is suspended pursuant to 40 CFR 51.918.
Section 172(c)(3) requires submission and EPA approval of a
comprehensive, accurate, and current inventory of actual emissions.
This requirement is superseded by the emission inventory requirement in
section 182(a)(1) of the CAA. See the discussion of Illinois' emissions
inventory for the Illinois portion of the Greater Chicago area below in
section VII of this proposed rule.
Section 172(c)(4) requires the identification and quantification of
emissions for major new and modified stationary sources to be allowed
in an area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
in the nonattainment area. EPA approved the Illinois NSR program \5\ on
December 17, 1992 (57 FR 59928), September 27, 1995 (60 FR 49780), and
May 13, 2003 (68 FR 25504). Further, EPA has determined that, since PSD
requirements \6\ will apply after redesignation, an area being
redesignated to attainment need not comply with the requirement that a
NSR program be approved prior to redesignation, provided that the state
demonstrates maintenance of the NAAQS in the area without
implementation of part D NSR. A more detailed rationale for this view
is described in a memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation, dated October 14, 1994, titled ``Part D New
Source Review Requirements for Areas Requesting Redesignation to
Attainment.'' Illinois has demonstrated that the Greater Chicago area
will be able to maintain the 1997 8-hour ozone standard without the
continued implementation of the State's part D NSR program. Therefore,
EPA concludes that the State need not have a fully approved part D NSR
program as an applicable requirement for approval of the State's ozone
redesignation request. The State's PSD program will become effective in
the Chicago area upon redesignation to attainment of the 1997 8-hour
ozone standard. See redesignation rulemakings for Detroit, Michigan (60
FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665,
October 23, 2001); and, Grand Rapids, Michigan (61 FR 31834-31837, June
21, 1996).
---------------------------------------------------------------------------
\5\ The NSR program controls the growth and permitting of major
source emissions in ozone nonattainment areas.
\6\ PSD requirements control the growth of new source emissions
in areas designated as attainment for a NAAQS.
---------------------------------------------------------------------------
Section 172(c)(6) requires the SIP to contain emission control
measures necessary to provide for attainment of the standard. Because
attainment has been reached in the Greater Chicago area, no additional
emission control measures are needed to provide for attainment of the
standard.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, in
[[Page 6750]]
section V.B.1.a, we conclude the Illinois SIP meets the requirements of
section 110(a)(2) applicable for purposes of redesignation.
Section 176 Conformity Requirements
Section 176(c) of the CAA requires States to establish criteria and
procedures to ensure that Federally-supported or funded activities,
including highway projects, conform to the air quality planning goals
of the SIPs. The requirement to determine conformity applies to
transportation plans, programs, and projects developed, funded, or
approved under title 23 of the U.S. Code and the Federal Transit Act
(transportation conformity) as well as to all other Federally-supported
or funded projects (general conformity). State conformity SIP revisions
must be consistent with Federal conformity regulations relating to
consultation, enforcement, and enforceability, which EPA promulgated
pursuant to CAA requirements.
EPA thinks that it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of evaluating the
redesignation request under section 107(d) for two reasons. First, the
requirement to submit SIP revisions to comply with the conformity
provisions of the CAA continues to apply to areas after redesignation
to attainment since such areas would be subject to section 175A
maintenance plans. Second, EPA's Federal conformity rules require the
performance of conformity analyses in the absence of Federally-approved
state rules. Therefore, because areas are subject to the conformity
requirements regardless of whether they are redesignated to attainment
and, because they must implement conformity under Federal rules if
state rules are not yet approved, EPA believes it is reasonable to view
these requirements as not applying for purposes of evaluating a
redesignation request. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001),
upholding this interpretation. See also 60 FR 62748, 62749-62750
(December 7, 1995) (Tampa, Florida).
EPA approved Illinois' general conformity SIP on December 23, 1997
(62 FR 67000). Illinois does not have a Federally-approved
transportation conformity SIP. However, Illinois performs conformity
analyses pursuant to EPA's Federal conformity rules. Illinois has
submitted on-road motor vehicle emission budgets for the Illinois
portion of the Greater Chicago area of 117.23 tons VOC per ozone season
weekday and 373.52 tons NOX per ozone season weekday for
2008 and 48.13 tons VOC per ozone season weekday and 125.27 tons
NOX per ozone season weekday for 2025, respectively.
Illinois must use these MVEBs in any conformity determination that is
effective on or after the effective date of the ozone maintenance plan
approval.
Subpart 2 Section 182(a) and (b) Requirements
As set forth in the September 4, 1992, and September 17, 1993, EPA
guidance memoranda referenced in section IV of this action, only those
requirements which came due prior to Illinois' July 23, 2009, submittal
of the request for redesignation of the Illinois portion of the Greater
Chicago area must be fully approved into the SIP by the time EPA
approves the redesignation of the area to attainment. These
requirements are discussed below.
Comprehensive Emissions Inventory. Section 182(a)(1) requires the
submission of a comprehensive, accurate, current emission inventory of
ozone precursor emissions as a revision of the SIP. IEPA submitted
inventories of 2002 VOC and NOX emissions for the Illinois
portion of the Greater Chicago area on June 21, 2006, to meet the
requirements of section 182(a)(1). On September 16, 2011, IEPA
supplemented the 2002 emissions inventory with updated on-road mobile
source emission estimates based on the use of EPA's MOVES model. As
discussed below, EPA is proposing to approve the 2002 emission
inventories as meeting the section 182(a)(1) emission inventory
requirement.
Emission Statements. Section 182(a)(3)(B) requires a State to adopt
provisions in the SIP to require the owners or operators of stationary
sources of VOC or NOX to provide the state with annual
statements of actual emissions from the sources. EPA approved Illinois'
emission statement SIP revisions on September 9, 1993 (58 FR 47379),
and May 15, 2002 (67 FR 34614).
Reasonable Further Progress and Attainment Demonstrations. On July
2, 2007, IEPA submitted an attainment demonstration for the Greater
Chicago area and an RFP plan for the Illinois portion of the Greater
Chicago area as required by section 182(b)(1) of the CAA. Because
attainment has been reached,\7\ section 182(b)(1) planning requirements
are no longer considered to be applicable for purposes of redesignation
as long as the area continues to attain the standard. If EPA finalizes
approval of the redesignation of the Illinois portion of the Greater
Chicago area, EPA will take no further action on the ozone attainment
demonstration and RFP plan submitted by Illinois for this area.
---------------------------------------------------------------------------
\7\ EPA proposed, on September 24, 2009 (74 FR 48703), to find
that the Greater Chicago nonattainment area had attained the 1997 8-
hour ozone standard. EPA finalized this determination of attainment
on March 12, 2010 (75 FR 12088).
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VOC RACT. Section 182(b)(2) requires states with moderate ozone
nonattainment areas to implement RACT under section 172(c)(1) with
respect to each of the following: (1) All sources covered by a Control
Technology Guideline (CTG) document issued between November 15, 1990,
and the date of attainment; (2) all sources covered by a CTG document
issued prior to November 15, 1990; and, (3) all other major non-CTG
stationary sources.\8\
---------------------------------------------------------------------------
\8\ In moderate ozone nonattainment areas, major stationary
sources of VOC are those that have a potential emit 100 tons VOC per
year or more.
---------------------------------------------------------------------------
As required under the 1-hour ozone standard, Illinois submitted VOC
RACT rules covering the second and third source categories above. EPA
approved these VOC RACT rules on February 21, 1980 (45 FR 11472),
November 21, 1987 (52 FR 45333), and September 9, 1994 (59 FR 46562).
EPA issued CTGs for five source categories in September 2006, three
source categories in September 2007, and five source categories in
September 2008. States with ozone nonattainment areas classified as
moderate and above were required to submit VOC RACT for the source
categories covered by these CTGs within one year after the release of
each CTG, by September 2007, September 2008, and September 2009,
respectively.
Illinois submitted a SIP revision to address all of the new CTGs on
July 29, 2010, September 16, 2011, and September 29, 2011. EPA is
taking action on these revisions in a separate rulemaking action. Full
approval of IEPA's VOC RACT submittals is a prerequisite for approval
of the redesignation of the Illinois portion of the Greater Chicago
area to attainment of the 1997 8-hour ozone standard.
NOX RACT. Section 182(f) of the CAA establishes NOX
requirements for ozone nonattainment areas. Section 182(f)(1) generally
requires major sources of NOX to be covered by the same
levels of emission controls as required for major sources of VOC. Since
moderate (or above) ozone nonattainment areas are required to be
covered by RACT rules for major VOC sources, these ozone nonattainment
areas are also required to have NOX RACT rules. Section
182(f)(1) of the CAA, however, also provides that the requirement for
such NOX emission
[[Page 6751]]
controls does not apply (can be waived) in an area if the Administrator
determines that net air quality benefits are greater in the absence of
the NOX emission reductions. The NOX emission
control requirements can also be waived if the Administrator determines
that additional reductions of NOX emissions would not
contribute to attainment of the ozone NAAQS.
In its July 29, 2010, submittal, IEPA requested a waiver from the
NOX RACT requirements based on the fact that the 1997 8-hour
ozone standard had been attained in the Greater Chicago area and
additional NOX emission reductions in this area are not
needed to attain the ozone standard. Based on a clean air determination
for this area for the 1997 8-hour ozone standard, EPA granted Illinois
a waiver from NOX RACT for this area on February 22, 2011
(76 FR 9655).
Stage II Vapor Recovery. Section 182(b)(3) of the CAA requires
states with moderate nonattainment areas to submit Stage II vapor
recovery rules (requiring the capture of gasoline vapor at service
stations during vehicle refueling). EPA approved Illinois' Stage II
vapor recovery regulations on January 12, 1993 (58 FR 3841). Illinois
has implemented and continues to implement Stage II vapor recovery
rules in the Illinois portion of the Greater Chicago area.
Vehicle Inspection and Maintenance (I/M). Section 182(b)(4) of the
CAA and EPA's final I/M regulations in 40 CFR part 85 require states
with moderate (or above) ozone nonattainment areas to submit a fully
adopted I/M programs as a revision of the SIP. EPA approved Illinois'
enhanced I/M program on February 22, 1999 (64 FR 8517).
Thus, as discussed above, with EPA approval of the 2002 base year
emission inventories and Illinois' VOC RACT submittals, the Illinois
portion of the Greater Chicago area will satisfy the requirements
applicable for purposes of redesignation under section 110 and part D
of the CAA.
2. The Illinois Portion of the Greater Chicago Area Has a Fully
Approved SIP for Purposes of Redesignation Under Section 110 of the CAA
If EPA issues a final approval of the 2002 base year emission
inventories and the Illinois VOC RACT submittals, EPA will have fully
approved the Illinois SIP for the Illinois portion of the Greater
Chicago area under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation. EPA may rely on prior SIP
approvals when rulemaking on a redesignation request (see page 3 of the
September 4, 1992, John Calcagni memorandum; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998), Wall
v. EPA, 265 F.3d 426 (6th Cir. 2001)) plus any additional measures it
may approve in conjunction with a redesignation action. See 68 FR
25412, 25426 (May 12, 2003).
Since the passage of the CAA of 1970, Illinois has adopted and
submitted, and EPA has fully approved, SIP provisions addressing
various required SIP elements under the 1-hour ozone standard. In this
action, EPA is proposing to approve Illinois' 2002 base year emission
inventories for the Illinois portion of the Greater Chicago area as
meeting the requirement of section 182(a)(1) of the CAA. As noted
above, in a separate rule, EPA is proposing action on the Illinois VOC
RACT submittals.
No SIP provisions for the Illinois portion of the Greater Chicago
area are currently disapproved, conditionally approved, or partially
approved.
3. The Illinois Portion of the Greater Chicago Area Has a Fully
Approved SIP and Meets Anti-Backsliding Requirements Under the 1-Hour
Ozone Standard
The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone NAAQS requirements that continue to apply after the
revocation of the 1-hour ozone NAAQS for former 1-hour ozone
nonattainment areas. 40 CFR 51.905(a)(1) provides that:
The area remains subject to the obligations to adopt and
implement the applicable requirements defined in 40 CFR 51.900(f),
except as provided in paragraph (a)(1)(iii) of this section and
except as provided in paragraph (b) of this section.
40 CFR 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005),
provides that:
Applicable requirements means that for an area that the
following requirements, to the extent such requirements applied to
the area for the area's classification under section 181(a)(1) of
the CAA for the one-hour NAAQS at the time of designation for the
eight-hour NAAQS, remain in effect:
(1) RACT.
(2) I/M.
(3) Major source applicability cut-offs for purposes of RACT.
(4) ROP reductions.
(5) Stage II vapor recovery.
(6) Clean fuels fleet program under section 182(c)(4) of the
CAA.
(7) Clean fuels for boilers under section 182(e)(3) of the CAA.
(8) TCMs during heavy traffic hours as provided under section
182(e)(4) of the CAA.
(9) Enhanced (ambient) monitoring under section 182(c)(1) of the
CAA.
(10) TCMs under section 182(c)(5) of the CAA.
(11) VMT provisions of section 182(d)(1) of the CAA.
(12) NOX requirements under section 182(f) of the
CAA.
(13) Attainment demonstration or alternative as provided under
40 CFR 51.905(a)(1)(ii).
In addition to applicable requirements listed under 40 CFR
51.900(f) and as discussed above, the state must also comply with the
1-hour anti-backsliding requirements discussed in the Court's decisions
in South Coast Air Quality Management Dist. v. EPA: (1) NSR
requirements based on the area's 1-hour ozone nonattainment
classification; (2) section 185 source penalty fees; (3) contingency
measures to be implemented pursuant to section 172(c)(9) or 182(c)(9)
of the CAA for areas not making reasonable further progress toward
attainment of the 1-hour ozone NAAQS, or for failure to attain the 1-
hour ozone NAAQS; and, (4) transportation conformity requirements for
certain types of Federal actions.
Pursuant to 40 CFR 51.905(c), the Illinois portion of the Greater
Chicago area is subject to the obligations set forth in 40 CFR
51.905(a) and 40 CFR 51.900(f). The following paragraphs address the 1-
hour ozone SIP requirements applicable to the Illinois portion of the
Greater Chicago area pursuant to these anti-backsliding requirements
and those discussed in the Court's decision in South Coast Air Quality
Management Dist. v. EPA. Note that Illinois commits to continue to
comply with these requirements unless revised through SIP revisions
approved by EPA.
Prior to the revocation of the 1-hour ozone standard on June 15,
2005, the Greater Chicago area was classified as a severe nonattainment
area for the 1-hour ozone standard with an attainment deadline of
November 15, 2007, and, therefore, was subject to ozone SIP
requirements for severe 1-hour ozone nonattainment areas (sections
182(a) through 182(d) of the CAA). In reviewing Illinois' ozone
redesignation request for the Illinois portion of the Greater Chicago
area, we assessed whether the area satisfied the CAA requirements under
the 1-hour ozone standard. We conclude that this area and the State of
Illinois have satisfied all anti-backsliding CAA requirements
applicable to a severe ozone nonattainment area by complying with all
applicable 1-hour ozone SIP requirements. The following discusses how
the applicable CAA requirements have been met in the Illinois portion
of the Greater Chicago area.
[[Page 6752]]
40 CFR 51.900(f)(1) RACT
Section 182(a)(2)(A) of the CAA requires RACT corrections. Section
182(b)(2) requires RACT for each category of VOC sources covered by a
CTG and for all other major sources of VOC within an ozone
nonattainment area. Section 182(d) specifies requirements for severe
ozone nonattainment areas, including a major source emissions cut-off
of 25 tons per year. Section 182(f), as discussed above in section
V.B.2, requires major sources of NOX in an ozone
nonattainment area to be covered by emission control requirements
equivalent to those required for major sources of VOC, unless EPA
waives the NOX emission control requirements as provided in
section 182(f). The section 182(f) NOX emission control
requirements include NOX RACT in ozone nonattainment areas
required to implement VOC RACT for 1-hour ozone nonattainment areas
classified as moderate or above.
Under the 1-hour ozone standard, EPA fully approved Illinois' VOC
RACT regulations as SIP revisions for CTG sources and for major non-CTG
sources through rulemakings on the following dates: February 21, 1980
(45 FR 11472); November 21, 1987 (52 FR 45333); and, September 9, 1994
(59 FR 46562). As noted elsewhere in this proposed rule, on September
16, 2011, Illinois EPA submitted final, adopted VOC emission control
regulations covering CTG-source categories not yet addressed and
covered by the Illinois ozone SIP. As noted above, on July 29, 2010,
Illinois submitted a NOX RACT waiver request for the
Illinois portion of the Chicago area. On February 22, 2011, at 76 FR
9655, we approved Illinois' NOX RACT waiver request for this
area based on an ozone clean air determination. This suspended the
NOX RACT requirement for the Illinois portion of the Greater
Chicago area for as long the Greater Chicago area continues to attain
the 1997 8-hour ozone standard, and becomes permanent for the 1997 8-
hour ozone standard if EPA approves the redesignation of the Illinois
portion of the Greater Chicago area to attainment of this standard.
As noted elsewhere in this proposed rule, we cannot approve
Illinois' ozone redesignation request in a final rule until we can also
approve all of Illinois' required VOC RACT rules through a final rule.
With these new final rule approvals, we can conclude that Illinois has
met all RACT requirements under the 1-hour ozone standard, as well as
the 1997 8-hour ozone standard.
40 CFR 51.900(f)(2) Vehicle I/M
Through rulemaking on February 22, 1999 (64 FR 8517), EPA fully
approved Illinois' vehicle I/M program as meeting the enhanced I/M
requirements of section 182(c)(3) of the CAA. Therefore, the Illinois
portion of the Greater Chicago area meets the I/M requirements for
severe 1-hour ozone nonattainment areas.
40 CFR 51.900(f)(3) Major Source Size Cutoff for RACT
We have determined that Illinois' VOC RACT rules for CTG source
categories already incorporated into Illinois' ozone SIP and the new
CTG-based VOC RACT rules currently being reviewed by the EPA cover
source size cut-offs that are well below CTG-recommended major source
cut-offs for severe ozone nonattainment areas. In addition, Illinois'
major non-CTG source RACT rule covers all sources with the potential to
emit VOC at or in excess of 25 tons per year. Therefore, Illinois' RACT
rules meet the major source size cut-off requirement of section 182(d)
of the CAA.
40 CFR 51.900(f)(4) ROP
Sections 182(b)(1)(A) and 182(c)(2)(B) of the CAA establish the ROP
requirements for ozone nonattainment areas. EPA has fully approved
Illinois' SIP revisions that demonstrate that Illinois achieved ROP in
the Illinois portion of the Greater Chicago area. On December 18, 1997,
at 62 FR 66279, EPA approved Illinois' plan to achieve a 15 percent
reduction in VOC emissions in the Illinois portion of the Greater
Chicago area, as required in section 182(b) of the CAA. On December 18,
2000, at 65 FR 78961, EPA approved Illinois' plan to achieve ROP
between 1996 and 1999 in this area, meeting the ROP requirements of
section 182(c) of the CAA. Finally, on November 13, 2001, at 66 FR
56904, EPA approved Illinois' plan to achieve ROP emission reductions
for the period of 1999 through 2007. Therefore, Illinois has met all 1-
hour ozone ROP requirements for the Illinois portion of the Greater
Chicago area.
40 CFR 51.900(f)(5) Stage II Gasoline Vapor Recovery
On January 12, 1993 (58 FR 3841), EPA approved Illinois' Stage II
gasoline vapor recovery rules for the Illinois portion of the Greater
Chicago area as required by section 182(b)(3) of the CAA.
40 CFR 51.900(f)(6) Clean Fuel Fleet Program
On March 19, 1996, at 61 FR 11139, EPA approved Illinois' clean
fuel fleet program rules as required by section 182(c)(4) of the CAA.
Therefore, the State of Illinois has met this CAA requirement under the
1-hour ozone standard.
40 CFR 51.900(f)(7) Clean Fuels for Boilers
Section 182(e)(3) of the CAA, which requires clean fuels for
boilers, does not apply to the Greater Chicago area. This CAA
requirement only applies to extreme ozone nonattainment areas.
40 CFR 51.900(f)(8) Traffic Control Measures During Heavy Traffic Hours
This requirement applies to areas subject to section 182(e)(4) of
the CAA, which covers extreme ozone nonattainment areas, and,
therefore, does not apply to the Greater Chicago area.
40 CFR 51.900(f)(9) Enhanced Ambient Monitoring
On February 25, 1994, EPA fully approved Illinois' SIP revision
establishing an enhanced monitoring program for ozone in the Illinois
portion of the Greater Chicago area. Therefore, Illinois has complied
with the enhanced monitoring requirement of section 182(c)(1) of the
CAA.
40 CFR 51.900(f)(10) Transportation Control Measures
Within six months of November 15, 1990, and every three years
thereafter, section 182(c)(5) of the CAA requires states to submit a
demonstration that current aggregate vehicle mileage, aggregate vehicle
emissions, congestion levels, and other relevant traffic-related and
vehicle emissions-related factors (collectively ``relevant
parameters'') are consistent with those used for the area's ozone
attainment demonstration for serious and above 1-hour ozone
nonattainment areas. If the levels of relevant parameters that are
projected in the attainment demonstration are exceeded, a state has 18
months to develop and submit a revision to the SIP to include TCMs to
reduce mobile source emissions to levels consistent with the emission
levels in the attainment demonstration.
On December 26, 2000, Illinois submitted a SIP revision request
consisting of an adopted emissions control strategy and a demonstration
that the Greater Chicago area would attain the 1-hour ozone standard by
November 15, 2007, the statutory attainment deadline for the area. EPA
[[Page 6753]]
approved this requested SIP revision on November 13, 2001 (66 FR
56904). This SIP revision provided base period mobile source
information for the Chicago area that can be compared to subsequent
mobile source information needed to demonstrate compliance with section
182(c)(5) of the CAA. Through revisions to State's emissions inventory
data, submitted to EPA every three years, Illinois has updated the
mobile source emissions, and related mobile source data, in the
Illinois portion of the Greater Chicago area on a three-year cycle.
These updated mobile source emissions can be compared to those
documented in the December 26, 2000 Illinois submittal to show the
downward trend in mobile source emissions. EPA, therefore, concludes
that Illinois has complied with the requirements of section 182(c)(5),
has no currently due section 182(c)(5) obligations.
In addition, the section 182(c)(5) requirements are also included
in those measures subject to EPA's interpretation under EPA's May 10,
1995, Clean Data Policy memorandum. That is, attainment of the 1-hour
ozone standard suspends the need for the State to submit additional
TCMs under section 182(c)(5) of the CAA. EPA, therefore, concludes
that, since the Greater Chicago area is attaining the 1-hour ozone
standard,\9\ any requirement for submitting the section 182(c)(5)
measures for the Illinois portion of the Greater Chicago area is
suspended. See also 40 CFR 51.918.
---------------------------------------------------------------------------
\9\ See 73 FR 79652 (December 30, 2008).
---------------------------------------------------------------------------
40 CFR 51.900(f)(11) Vehicle Miles Travelled
Section 182(d)(1)(A) of the CAA requires severe ozone nonattainment
areas to offset the growth in emissions attributed to growth in VMT; to
select and implement TCMs necessary to comply with the periodic
emission reduction requirements of sections 182(b) and (c); and, to
consider TCMs specified in section 108(f) of the CAA, and implement
TCMs as necessary to demonstrate attainment with the ozone standard.
Through rulemaking on September 21, 1995, at 60 FR 48896, EPA approved
Illinois' TCMs as meeting these requirements of the CAA.
40 CFR 51.900(f)(12) NOX Requirements Under Section 182(f)
As noted above, EPA approved a NOX emissions control
waiver for the Illinois portion of the Greater Chicago area for the 1-
hour ozone standard. See 61 FR 2428, January 26, 1996. In addition, we
have approved Illinois' NOX emission control regulations,
adopted in response to EPA's NOX SIP call. See 66 FR 56449
and 66 FR 56454, both published on November 8, 2001.
40 CFR 51.900(f)(13) Ozone Attainment Demonstration
As noted above, on November 13, 2001, at 66 FR 56904, EPA fully
approved Illinois' 1-hour ozone attainment demonstration SIP revision
for the Greater Chicago area. Therefore, Illinois has met the ozone
attainment demonstration requirements of sections 182(b)(1)(A) and
182(c)(2)(A) of the CAA for the 1-hour ozone standard.
New Source Review
As noted elsewhere in this proposed rule, EPA believes that a part
D NSR program is not an applicable requirement for purposes of
evaluating an ozone redesignation request. EPA has determined that
states with areas being redesignated to attainment need not have an
approved part D NSR program, provided that the states demonstrate
maintenance of the standard without part D NSR programs in effect.
Nonetheless, as also discussed above, the Court's decision in South
Coast Air Management Dist. v. EPA preserved 1-hour part D NSR
requirements as an anti-backsliding requirement. Section 182(a)(2)(C)
of the CAA requires states to adopt part D NSR permit programs and to
correct the existing part D NSR permit programs to meet EPA NSR
guidance issued prior to 1990. EPA approved Illinois' NSR permit
program as meeting EPA's guidance and CAA part D NSR requirements for
the 1-hour ozone standard, including the requirements in sections
182(c)(6), (c)(7) and (c)(8), and the source offset requirements in
section 182(d)(2), through rulemakings on September 27, 1995 (60 FR
49778).
Regardless of how one views the part D NSR requirements of the CAA
for purposes of redesignation, we concluded that Illinois has met the
NSR requirements with regard to Illinois' ozone redesignation request.
The State has an approved NSR program, and the approval status of this
NSR program is not relevant to Illinois' ozone redesignation request.
Section 185 Source Emission Penalty Fees
On December 30, 2008 (73 FR 79652), EPA finalized a determination
that the Greater Chicago area had attained the 1-hour ozone standard
based on 2005-2007 ozone data. Based on the determination of
attainment, the section 185 fee requirements no longer apply to the
Illinois portion of the Greater Chicago area and to the State of
Illinois.
Contingency Measures
Sections 172(c)(9) and 182(c)(9) of the CAA require the ozone
control portion of SIPs to contain measures to be implemented in the
event that any milestone (standard attainment date, rate-of-progress
emission reduction milestone dates, etc.) in the SIP is missed. EPA
approved Illinois' contingency measures for attainment of the 1-hour
ozone standard in the Greater Chicago area in our approval of the
State's 1-hour ozone attainment plan. See 66 FR 56904, November 13,
2001.
Transportation Conformity
The transportation conformity portion of the court's ruling in
South Coast Air Quality Management District v. EPA does not impact the
redesignation request for the Illinois portion of the Greater Chicago
area because there are no transportation conformity requirements that
are relevant to redesignation requests for any standard, including the
requirement for a state to submit a transportation conformity SIP.\10\
Under longstanding EPA policy, EPA thinks that it is reasonable to
interpret the conformity SIP requirements as not applying for purposes
of evaluating a redesignation request under section 107(d) because
State conformity rules are still required after redesignation and
Federal conformity rules apply where state rules have not been
approved. See 40 CFR 51.390. Also see Wall v. EPA, 265 F.3d 426 (6th
Cir. 2001), upholding this interpretation, and 60 FR 62748 (December 7,
1995) (Tampa, Florida ozone redesignation).
---------------------------------------------------------------------------
\10\ CAA section 176(c)(4)(E) requires states to submit
revisions to their SIPs to reflect certain Federal criteria and
procedures for determining transportation conformity. Transportation
conformity SIPs are different from MVEBs that are established in
control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------
Conclusions
For the above reasons, EPA concludes that Illinois has met all
applicable part D SIP requirements for the 1-hour ozone standard as
addressed in the court's and EPA's anti-backsliding requirements for
the purposes of redesignation of the Illinois portion of the Greater
Chicago area to attainment of the 1997 8-hour ozone standard. It is
again noted that the State of Illinois has committed in its maintenance
plan to maintain the VOC and NOX emission controls already
in place and included in Illinois' ozone SIP, as approved by EPA.
[[Page 6754]]
C. Are the air quality improvements in the Greater Chicago area due to
permanent and enforceable emission reductions?
EPA finds that Illinois has demonstrated that the observed air
quality improvement in the Greater Chicago area is due to permanent and
enforceable reductions in emissions resulting from the implementation
of the Illinois and Indiana SIPs, Federal measures, and other State-
adopted measures. As discussed below, Illinois made this demonstration
by considering VOC and NOX emissions in the entire Greater
Chicago area as well as emission reductions in upwind areas (primarily
resulting from the implementation of EPA's NOX SIP call)
contributing to pollution transport into the Greater Chicago area.
In making this demonstration, Illinois first determined and
documented the changes in VOC and NOX emissions in the
Illinois portion of the Greater Chicago area between 2002 (a standard-
violation year) and 2008 (an attainment year). Second, the State
documented the VOC and NOX emission controls that have been
implemented in the Greater Chicago area. Illinois demonstrated that the
reductions in emissions and the corresponding improvement in air
quality over the intervening period (2002-2008) can be attributed to a
number of regulatory control measures that the Greater Chicago area and
upwind areas have implemented in recent years.
1. Permanent and Enforceable Controls Implemented
The following is a discussion of the permanent and enforceable
emission control measures that have been implemented in the Greater
Chicago area and in upwind areas that have resulted in VOC and
NOX emission reductions subsequent to the ozone standard
violation period (2001-2003) in the Greater Chicago area.
a. Attainment Demonstration Emission Control Measures
On March 18, 2009, IEPA submitted an ozone attainment demonstration
plan for the Greater Chicago area to EPA. Even though EPA has not taken
action on this attainment demonstration as a revision of the Illinois
SIP,\11\ Illinois notes that the VOC and NOX emission
controls contained in the attainment plan have been implemented,
resulting in VOC and NOX emission reductions that have
contributed to attainment of the 1997 8-hour ozone standard in the
Greater Chicago area. The implemented emission control measures include
the following:
---------------------------------------------------------------------------
\11\ Since EPA has determined that the Greater Chicago
nonattainment area has attained the 1997 8-hour ozone standard
(March 12, 2010, 75 FR 12088), EPA concludes that it is not
necessary for it to take action on Illinois' ozone attainment
demonstration.
---------------------------------------------------------------------------
NOX SIP call emission controls
New Source Performance Standards (NSPS), National Emission
Standards for Hazardous Air Pollutants (NESHAPS), and Maximum Available
Control Technology (MACT) standards for new sources
VOC Solvent Category Emission Controls: Aerosol Coatings;
Architectural and Industrial Maintenance (AIM) Coatings; and Consumer
Solvents
Enhanced Vehicle Inspection and Maintenance
Reformulated Gasoline
Federal Tier 2 Motor Vehicle Emission Standards and
Gasoline Sulfur Control Requirements
Federal On-Highway Heavy-Duty Engine and Vehicle
Standards, and Federal Highway Diesel Fuel Sulfur Control Requirements
Federal Off-Road Mobile Source Emission Control Programs
Incorporated into EPA's NONROAD Emissions Model, including EPA's
Nonroad Diesel Emissions Control Rule and Evaporative Large Spark
Ignition and Recreational Vehicle Standards
Federal Tier 4 Nonroad Diesel Engine Standards and Diesel
Fuel Sulfur Content Restrictions
Marine Compression-Ignition Engine Standards and
Locomotive Engine Standards
Consent Decrees requiring emission controls for: Dynergy
Midwest Generation; Conoco Phillips; CITGO; Exxon-Mobil; Marathon
Ashland; and Archer Daniels Midland.
All of these emission controls are permanent and are currently being
enforced by the State or by the Federal government.
b. Reasonable Further Progress (RFP)
Since the Greater Chicago area was classified as a moderate
nonattainment area for the 1997 8-hour ozone standard, Illinois was
required to achieve a 15 percent net reduction in VOC emissions in the
Illinois portion of the Greater Chicago area between 2002 and 2008 to
meet the RFP requirements of CAA section 182(b)(1)(A). These emission
reductions were primarily achieved through the implementation of the
emission controls listed above for the ozone attainment demonstration
plan. These emission controls resulted in a 15.7 percent reduction in
VOC emissions in the Illinois portion of the Greater Chicago area
between 2002 and 2008, and continued to provide additional VOC emission
controls in 2009 and 2010. IEPA estimates that these VOC emission
controls resulted in a VOC emission reduction of 210 tons per day
between 2002 and 2008 in the Illinois portion of the Greater Chicago
area.
c. Reasonably Available Control Technology
RACT is required for all major stationary sources of VOC in the
Greater Chicago area. Since the Greater Chicago area was designated as
a moderate nonattainment area for ozone under the 1997 8-hour ozone
standard, a major stationary source is any source that has a potential
to emit VOC equal to or greater than 100 tons per year. EPA defines
RACT as the lowest emission limitation that a source is capable of
meeting by the application of control technology that is reasonably
available considering technological feasibility and economic
reasonableness (70 FR 71612, November 29, 2005). The sum of emissions
from all emission units at a source facility determines if the source
facility is a major source and, therefore, subject to RACT
requirements.
Sections 172 and 182(b)(2) of the CAA required implementation of
VOC RACT for sources that are subject to CTGs that have been published
by the EPA. In addition to CTG source categories, major VOC sources
that are not covered by any CTG must also be covered by State RACT
regulations.
Illinois has adopted and implemented all required VOC RACT
regulations with the exception of source categories covered by CTGs
published in 2006, 2007, and 2008. The State has documented that the
implemented VOC RACT rules have reduced VOC emissions in the Illinois
portion of the Greater Chicago area, contributing to the attainment of
the 1997 8-hour ozone standard in the Greater Chicago area.
d. Additional Emission Control Measures
In addition to VOC emission reductions resulting from the
implementation of VOC RACT in the Illinois portion of the Greater
Chicago area, IEPA points out that additional VOC emission reductions
were achieved in this area as the result of the implementation of MACT
and achieving NESHAPS for VOC sources that also emit toxic chemicals,
and implementation of NSPS for new VOC sources. Illinois believes that
all of these emission control requirements are more stringent than
RACT, and, therefore, have resulted in additional VOC
[[Page 6755]]
reductions in the Illinois portion of the Greater Chicago area.\12\
---------------------------------------------------------------------------
\12\ It should be noted that Illinois' VOC RACT rules generally
exclude sources subject to MACT, NSPS, and NESHAPS from VOC RACT
rules' emission reduction requirements. Nonetheless, we agree that
additional emission reduction requirements have further lowered VOC
emissions in the subject area.
---------------------------------------------------------------------------
e. Federal Emission Control Measures
Reductions in VOC and NOX emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following.
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. 40 CFR part 86, subpart S. These emission control
requirements result in lower VOC and NOX emissions from new
cars and light duty trucks, including sport utility vehicles. The
Federal rules were phased in between 2004 and 2009. EPA has estimated
that, by the end of the phase-in period, the following vehicle
NOX emission reductions will occur nationwide: Passenger
cars (light duty vehicles) (77 percent); light duty trucks, minivans,
and sports utility vehicles (86 percent); and larger sports utility
vehicles, vans, and heavier trucks (69 to 95 percent). VOC emission
reductions are expected to range from 12 to 18 percent, depending on
vehicle class, over the same period. Although some of these emission
reductions occurred by the attainment years (2006-2008) in the Greater
Chicago area, additional emission reductions will occur during the
maintenance period for the Illinois portion of the Greater Chicago
area. For example, the Tier 2 emission standards for passenger vehicles
weighing over 8,500 pounds were not implemented until 2008 or later.
Heavy-Duty Diesel Engine Rule. EPA issued this rule in January 2001
(66 FR 5002). This rule includes standards limiting the sulfur content
of diesel fuel, which went into effect in 2004. A second phase took
effect in 2007, which further reduced the highway diesel fuel sulfur
content to 15 parts per million, leading to additional reductions in
combustion NOX and VOC emissions. This rule is expected to
achieve a 95 percent reduction in NOX emissions from diesel
trucks and buses.
Non-Road Diesel Rule. EPA issued this rule in June 2004 (69 FR
38958), which applies to diesel engines used in industries, such as
construction, agriculture, and mining. It is estimated that compliance
with this rule will cut NOX emissions from non-road diesel
engines by up to 90 percent. The non-road diesel rule was fully
implemented by 2010.
NSPS, NESHAPS, and MACT. A broad range of emission sectors are
subject to Federal NSPS, NESHAPS, and MACT standards with compliance
deadlines that led to VOC emission reductions after 2002 and prior to
2008/2009.
f. Controls To Remain in Effect
Illinois commits to maintain all of the current emission control
measures for VOC and NOX after the Illinois portion of the
Greater Chicago area is redesignated to attainment. Illinois also
commits to submit any emission control revisions needed for maintenance
of the ozone standard in the Greater Chicago area to the EPA as
requested SIP revisions. Illinois has the legal authority and necessary
resources to actively enforce against any violations of the State's air
pollution emission control rules.
2. Emission Reductions
Illinois chose 2008 (the end of the 3-year period in which the
Greater Chicago area first attained the 1997 8-hour ozone standard) as
the attainment year. IEPA compared 2002 and 2008 VOC and NOX
emissions to show that emission reductions have occurred in the area,
explaining the ozone air quality improvement in the area.
As required by sections 172(c)(3) and 182(a)(1) of the CAA and
EPA's Phase 2 ozone implementation rule (November 29, 2005, at 70 FR
71612), IEPA prepared comprehensive VOC and NOX emission
inventories for 2002. These emission inventories and their
documentation were submitted to the EPA in June 2006. Table 2
summarizes the 2002 VOC and NOX emissions by source category
and by pollutant for the Illinois portion of the Greater Chicago area.
For a discussion of emission inventory preparation methods used to
develop these emission inventories, see the discussion of 2002 base
year emission inventories below in section VII of this proposed rule.
Table 2--Total Anthropogenic VOC and NOX Emissions in the Illinois
Portion of the Greater Chicago Area in 2002
[Tons per ozone season weekday]
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Point Sources................... 76.62 307.73
Area Sources.................... 520.21 42.93
On-Road Mobile Sources.......... 168.06 540.13
Off-Road Mobile Sources......... 233.77 326.65
���������������������������������
Total....................... 998.66 1217.44
------------------------------------------------------------------------
To demonstrate that VOC and NOX emissions have decreased
between a standard violation year and the attainment year, IEPA
documented the VOC and NOX emissions in the Illinois portion
of the Greater Chicago area for 2008 and compared these emissions to
those in 2002.
For the attainment year, point source emissions were compiled from
2008 annual emission reports submitted to the IEPA, in compliance with
the State's point source emission statement reporting regulations, and
from EPA's Clean Air Markets Division emissions database for electric
utilities. Area sources were projected from the 2002 area source
emissions using source type-specific growth factors. On-road mobile
source emissions were calculated using EPA's MOVES emissions model and
vehicle miles travelled data provided by the Illinois Department of
Transportation. Off-road emissions were calculated using EPA's NONROAD
emissions model. These emission estimation procedures are consistent
with those used to develop the 2002 emission inventories. Biogenic
emissions were not included in the 2008 emission inventories (and also
not in the 2002 emission inventories) because it was assumed that these
emissions are
[[Page 6756]]
approximately constant over the time period (2002-2008) considered.
Table 3 summarizes the 2008 VOC and NOX emissions in the
Illinois portion of the Greater Chicago area. From this table and table
2, it can be seen that VOC and NOX emissions have decreased
significantly in the Illinois portion of the Greater Chicago area
between 2002 and 2008. IEPA concludes that the decrease in VOC and
NOX emissions during the 2002-2008 period are primarily due
to the implementation of permanent and enforceable emission controls,
and are the primary cause (along with emission reductions in the
Indiana portion of the Greater Chicago area) of the ozone air quality
improvement in the Greater Chicago area. We concur with the State's
conclusion.
Table 3--Total Anthropogenic VOC and NOX Emissions in the Illinois
Portion of the Greater Chicago Area in 2008
[Tons per ozone season weekday]
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Point Sources................................. 53.27 154.50
Area Sources.................................. 351.51 38.56
On-Road Mobile Sources........................ 117.23 373.52
Off-Road Mobile Sources....................... 265.44 330.18
-------------------------
Total..................................... 787.45 896.76
------------------------------------------------------------------------
One must also consider the total VOC and NOX emissions
for the Greater Chicago area. EPA has consistently concluded that
emissions from all portions of ozone nonattainment areas have the
potential to contribute to ozone standard violations anywhere within
the ozone nonattainment areas. Therefore, for the Greater Chicago area,
it is important to also consider the changes in VOC and NOX
emissions from the Indiana portion of the Greater Chicago area. In a
March 12, 2010, proposed rulemaking (75 FR 12090) addressing an ozone
redesignation request from the State of Indiana, we discussed the 2002,
2006, and 2010 VOC and NOX emissions for Lake and Porter
Counties, Indiana. Table 2 of that proposed rule (75 FR 12103) lists
2002 VOC and NOX emissions for Lake and Porter Counties, and
table 7 of that proposed rulemaking (75 FR 12106) lists 2006 and 2010
VOC and NOX emissions for these counties. The 2006 and 2010
emissions may be interpolated to estimate the 2008 emissions for Lake
and Porter Counties. Adding 2002 and estimated 2008 Lake and Porter
Counties' emissions to those in tables 2 and 3 for the Illinois portion
of the Greater Chicago area above gives the total 2002 and 2008 VOC and
NOX emissions for the Greater Chicago area. The total 2002
and 2008 VOC and NOX emissions for the Greater Chicago area
are listed in table 4 of this proposed rule. The change in emissions
between 2002 and 2008 emissions for the Greater Chicago area shows that
VOC and NOX emissions have significantly decreased in this
area between 2002 and 2008. We conclude that these emission reductions
have contributed to attainment of the ozone standard in this area.
Table 4--2002 and 2008 VOC and NOX Emissions Totals in the Greater
Chicago Area
[Tons per ozone season/summer weekday]
------------------------------------------------------------------------
Source category VOC 2002 VOC 2008
------------------------------------------------------------------------
Point Sources................................. 101.18 71.87
Area Sources.................................. 555.30 382.15
On-Road Mobile Sources........................ 188.06 129.65
Off-Road Mobile Sources....................... 268.86 281.06
-------------------------
Total VOC................................. 1113.4 864.7
------------------------------------------------------------------------
NOX 2002 NOX 2008
------------------------------------------------------------------------
Point Sources................................. 494.17 272.82
Area Sources.................................. 48.65 45.08
On-Road Mobile Sources........................ 595.13 422.89
Off-Road Mobile Sources....................... 365.26 360.02
-------------------------
Total NOX................................. 1503.2 1100.8
------------------------------------------------------------------------
Besides the 2002-2008 reductions in VOC and NOX
emissions in the Illinois and Indiana portions of the Greater Chicago
area, IEPA also notes that upwind areas have lowered their VOC and
NOX emissions during this period. Illinois, however, has not
documented these emission reductions in the redesignation request.
D. Does Illinois have a fully approvable ozone maintenance plan?
1. Maintenance Plan Requirements
Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the maintenance plan must demonstrate
continued attainment of the applicable NAAQS for at least 10 years
after the Administrator approves a redesignation to attainment. Eight
years after the redesignation, the state must submit a revised
maintenance plan which demonstrates that attainment of the NAAQS will
continue to be maintained for 10 years following the initial 10-year
maintenance period. To address the possibility of future NAAQS
violations, the maintenance plan must contain contingency measures with
a schedule for implementation, as EPA deems necessary, to assure prompt
correction of any future standard violations.
The September 4, 1992, John Calcagni memorandum provides additional
guidance on the content of maintenance plans. The memorandum clarifies
that an ozone maintenance plan should, at minimum, address the
following: (1) The attainment VOC and NOX emission
inventories; (2) a maintenance demonstration showing maintenance for
the 10-year maintenance period; (3) a commitment to maintain the
existing monitoring network; (4) factors and procedures to be used for
verification of continued attainment of the NAAQS; and, (5) a
contingency plan to prevent or correct future violations of the NAAQS.
2. Attainment Inventory
As noted above, 2008 is the final year of the 3-year period (2006-
2008) in which all ozone monitors in the Greater Chicago nonattainment
area recorded attainment of the 1997 8-hour ozone standard. Therefore,
IEPA chose 2008 as an attainment year. The discussion above describes
how Illinois derived the 2008 VOC and NOX emission
inventories for the Illinois portion of the Greater Chicago area.
3. Has the State documented maintenance of the ozone standard in the
Illinois portion of the Greater Chicago area?
The maintenance plan, as revised in the State's September 16, 2011,
submittal, shows maintenance of the 1997 8-hour ozone standard through
2025 by showing that future (2015, 2020, and 2025) VOC and
NOX emissions for the Illinois portion of the Greater
Chicago area remain at or below attainment year (2008) emission
levels.\13\
---------------------------------------------------------------------------
\13\ A maintenance demonstration need not be based on ozone
modeling. See Wall v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66
FR 53094, 53099-53100 (October 19, 2001), and 68 FR 25413, 25430-
25432 (May 12, 2003).
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Point source emissions in the Illinois portion of the Greater
Chicago area were projected to 2015, 2020, and 2025 using 2002 and 2008
point source emissions and source category-specific growth factors.
Area source emissions were similarly projected to 2015, 2020, and 2025
using the 2002 and 2008 area source emissions and source category-
specific growth factors. Area source category emissions, determined
using county populations, were projected by
[[Page 6757]]
using projected growth in county-specific populations. Off-road mobile
source emissions were projected using the 2002 emissions and growth
factors contained in EPA's NONROAD model. On-road mobile source
emissions were estimated using projected VMT levels and the MOVES
model. The projected mobile source emissions assumed the continued use
of reformulated gasoline, the phase-in of Tier 2 motor vehicle emission
standards, and the operation of an enhanced vehicle inspection and
maintenance program in the Illinois portion of the Greater Chicago
area.
Table 5 compares the VOC and NOX emissions estimated for
the Illinois portion of the Greater Chicago area for 2008 with those
for 2015, 2020, and 2025 by source category. The projected VOC and
NOX emissions show that VOC and NOX emissions in
Illinois portion of the Greater Chicago area are expected to remain
below the attainment levels throughout the 10-year-plus maintenance
period.
Table 5--2008 and Projected VOC and NOX Emissions in the Illinois Portion of the Greater Chicago Area
[Tons per ozone season weekday]
----------------------------------------------------------------------------------------------------------------
Source Category VOC 2008 VOC 2015 VOC 2020 VOC 2025
----------------------------------------------------------------------------------------------------------------
Point Sources........................... 53.27 62.02 67.63 72.79
Area Sources............................ 351.51 363.86 385.73 406.96
On-Road Mobile Sources.................. 117.23 50.33 37.98 41.35
Off-Road Mobile Sources................. 265.44 90.83 84.16 90.25
-----------------------------------------------------------------------
Total............................... 787.45 567.04 575.50 611.85
----------------------------------------------------------------------------------------------------------------
NOX 2008 NOX 2015 NOX 2020 NOX 2025
----------------------------------------------------------------------------------------------------------------
Point Sources........................... 154.50 150.06 171.13 180.13
Area Sources............................ 38.56 39.85 40.57 41.35
On-Road Mobile Sources.................. 373.52 197.14 116.69 108.93
Off-Road Mobile Sources................. 330.18 106.36 84.34 96.70
-----------------------------------------------------------------------
Total............................... 896.76 493.41 412.73 427.11
----------------------------------------------------------------------------------------------------------------
Illinois has successfully demonstrated maintenance of the 1997 8-
hour ozone standard between 2008 and 2025. In addition, VOC and
NOX emissions in the Greater Chicago area are projected to
decline between 2006 and 2020 (see table 8 in the proposed rule to
redesignate Lake and Porter Counties, Indiana to attainment of the 1997
8-hour ozone standard, March 12, 2010, 75 FR 12106).
IEPA has demonstrated maintenance of the 1997 8-hour ozone standard
during the 10-year ozone maintenance period for the Illinois portion of
the Greater Chicago area through projected VOC and NOX
emissions that show that the emissions will remain below the 2008
attainment levels during the maintenance period.
4. What is the Contingency Plan for the Illinois Portion of the Greater
Chicago Area?
Section 175A of the CAA requires the maintenance plan to include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that might occur
after redesignation. The maintenance plan must identify the contingency
measures to be considered for possible adoption, a schedule and
procedure for adoption and implementation of the selected contingency
measures, and a time limit for action by the state. The state should
also identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all measures with respect to control of pollutant(s) that
were controlled through the SIP before the redesignation of the area to
attainment. See section 175A(d) of the CAA.
As required by section 175A of the CAA, Illinois has adopted a
contingency plan to address possible future ozone air quality problems.
The contingency plan has two levels of actions/responses depending on
whether a violation of the 1997 8-hour ozone standard is only
threatened (Level I) or has actually occurred (Level II).
A Level I response will be triggered whenever: (1) An annual (1-
year) fourth-high daily maximum 8-hour ozone concentration of 84 parts
per billion (ppb) (0.084 ppm) is monitored at any site in the Greater
Chicago area; or, (2) the Illinois portion of the Greater Chicago
area's NOX or VOC emissions increase more than 5 percent
above the 2006 emissions levels.\14\ A Level I action will consist of a
study of whether adverse air quality or adverse emission trends are
likely to continue. If so, Illinois will determine what and where
emission controls will be needed to avoid a violation of the 1997 8-
hour ozone standard. The study will be completed within 9 months after
the action is triggered. If necessary, emission control measures will
be adopted within 18 months of determination of the Level I triggering
and implemented as expeditiously as practicable, taking into
consideration the ease of implementation and the technical and economic
feasibility of the selected measures.
---------------------------------------------------------------------------
\14\ Illinois commits to compiling VOC and NOX
emission inventories every three years for the duration of the
maintenance period to facilitate emission trends analyses. The 2006
emissions levels were derived as part of the three-year cycle of
updating emission estimates. Although 2008 is the year used to
demonstrate the emission reductions leading to the attainment of the
1997 8-hour ozone standard and as the base year for the
demonstration of maintenance of this ozone standard, IEPA chose the
2006 emissions levels as the base year for the Level I contingency
emissions growth trigger. 2006 is part of the 2006-2008 period in
which the Greater Chicago area first attained the 1997 8-hour ozone
standard.
---------------------------------------------------------------------------
A Level II response will be triggered when a violation of the 1997
8-hour ozone standard is monitored at any monitoring site in the
Greater Chicago area. If triggered, the IEPA will conduct a thorough
study to determine the appropriate emission control measures to address
the cause of the ozone standard violation. Analysis will be completed
within 6 months of the triggering of the Level II response. Selected
emission control measures will be implemented within 18 months of the
determination of the ozone standard violation.
[[Page 6758]]
Adoption of any additional emission control measures prompted by
either of the contingency triggers will be subject to the necessary
administrative and legal processes dictated by State law. This process
will include publication of public notices, public hearings, and other
measures required by Illinois law.
Contingency measures contained in the maintenance plan are those
emission controls or other measures that the State chooses to adopt and
implement in response to either of the contingency triggers discussed
above. Possible contingency measures contained in Illinois' contingency
plan include, but are not limited to, the following:
Illinois' Multi-Pollutant Program for electric generating
units.
NOX RACT.
Cross-State Air Pollution Rule.
Best Available Retrofit Technology.
Broader geographic applicability of existing measures.
Tier 2 vehicle standards and low sulfur fuel.
High-enhanced vehicle I/M.
Federal railroad/locomotive standards.
Federal commercial marine vessel engine standards.
Portable fuel containers (replacement with low leak
containers)
AIM Coatings
Commercial and consumer products standards
Aerosol coatings standards
Other measures to be identified.
5. Monitoring Network and Verification of Continued Attainment
In the State's ozone redesignation request and maintenance plan,
IEPA has committed to continue to monitor ozone levels in the Illinois
portion of the Greater Chicago area according to an EPA-approved
monitoring plan. Should changes in the locations of ozone monitors
become necessary, IEPA commits to work with EPA to ensure the adequacy
of the ozone monitoring network in this area. Illinois remains
obligated to continue to quality assure ozone monitoring data in
accordance with 40 CFR part 58 and to enter all ozone data into EPA's
Air Quality System in accordance with Federal guidelines.
Application of Illinois' ozone maintenance plan for the Illinois
portion of the Greater Chicago area and continued attainment of the
1997 8-hour ozone standard in the Greater Chicago area depend, in part,
on the State's efforts in tracking of ozone monitoring data to verify
continued attainment of the ozone standard. IEPA's plan for verifying
continued attainment of the 1997 8-hour ozone standard in the Greater
Chicago area (Indiana is similarly tracking continued attainment of the
standard in this area) consists of plans to continue ambient ozone
monitoring in accordance with the requirements of 40 CFR part 58. IEPA
will also continue to develop, review, and submit periodic emission
inventories as required by the Federal Consolidated Emissions Reporting
Rule (67 FR 19602, June 10, 2002) to track future levels of emissions.
VI. Has the State adopted approvable motor vehicle emission budgets?
Under the CAA, States are required to submit, at various times, SIP
revisions, such as ozone attainment demonstrations and RFP plans, and
ozone maintenance plans for applicable areas (for ozone nonattainment
areas and for areas seeking redesignation to attainment of the ozone
standard). These SIP revisions, including ozone maintenance plans, must
create and document MVEBs based on on-road mobile source emissions
allocated to highway and transit vehicle use that, together with
emissions from other sources in the area, will provide for attainment
and maintenance of the ozone NAAQS.
Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment is established for the last year of the maintenance plan
(MVEBs may also be specified for additional years during the
maintenance period). The MVEB serves as a ceiling on emissions that
would result from an area's planned transportation system. The MVEB
concept is further explained in the preamble to the November 24, 1993,
transportation conformity rule (58 FR 62188). The preamble describes
how to establish the MVEB in the SIP and how to revise the MVEB if
needed.
Under section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality violations, or delay timely attainment of
the NAAQS. CAA section 176(c)(1). If a transportation plan does not
conform, most new transportation projects that would expand the
capacity of roadways cannot go forward. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and procedures for demonstrating and
assuring conformity of such transportation activities to a SIP.
When reviewing SIP revisions containing MVEBs, including attainment
strategies, rate-of-progress plans, and maintenance plans, EPA must
affirmatively approve or find that the MVEBs are ``adequate'' for use
in determining transportation conformity. Once EPA affirmatively
approves or finds the submitted MVEBs to be adequate for transportation
conformity purposes, the MVEBs must be used by state and Federal
agencies in determining whether proposed transportation projects
conform to the SIP as required by section 176(c) of the CAA. EPA's
substantive criteria for determining the adequacy of MVEBs are set out
in 40 CFR 93.118(e)(4).
EPA's process for determining adequacy of a MVEB consists of three
basic steps: (1) Providing public notification of a SIP submission; (2)
providing the public the opportunity to comment on the MVEB during a
public comment period; and, (3) making a finding of adequacy. The
process for determining the adequacy of a submitted MVEB is codified at
40 CFR 93.118.
The ozone maintenance plan submitted by Illinois for the Illinois
portion of the Greater Chicago area, as revised in Illinois' September
16, 2011, supplemental submittal, contains new VOC and NOX
MVEBs for the Illinois portion of the Greater Chicago area for 2008 and
2025. The availability of the SIP submission with MVEBs was announced
for public comment on EPA's Adequacy Web site on September 26, 2011,
at: http://www.epa.gov/otaq/stateresources/tansconf/currsips.htm, which
provided a 30-day public comment period. The comment period for this
notification ended on October 26, 2011, and EPA received no comments
from the public. Note, however, that a second mechanism is also
provided for EPA review and public comment on MVEBs, as described in 40
CFR 93.118(f)(2). This mechanism provides for EPA's review of the
adequacy of an implementation plan MVEB simultaneously with its review
and approval and disapproval of the implementation plan itself. In this
action, EPA used the web notification discussed above to solicit public
comments on the adequacy of Illinois' MVEBs for the Illinois portion of
the Greater Chicago area, but is taking comment on the approvability of
the submitted MVEBs through this proposed rule.
Illinois' ozone maintenance plan for the Illinois portion of the
Greater Chicago area contains VOC and NOX MVEBs for 2008 and
2025. Any and all comments on the approvability of the MVEBs should be
submitted during the comment period stated in the DATES section of this
notice.
[[Page 6759]]
EPA intends to approve 2008 and 2025 MVEBs for the Illinois portion
of the Greater Chicago area for transportation conformity purposes in
the final rulemaking on Illinois' ozone redesignation request. If EPA
approves the MVEBs in the final rulemaking action, the new MVEBs must
be used in future transportation conformity determinations for the
Illinois portion of the Greater Chicago area. The new MVEBs, if
approved in the final rulemaking, will be effective on the date of
EPA's final rulemaking in the Federal Register. For required regional
emission analysis years that involve 2013 (the year after EPA is
expected to approve the ozone maintenance plan and Illinois' VOC and
NOX MVEBs) or beyond, the applicable VOC and NOX
MVEBs for the Chicago area are defined in table 6.
Table 6--MVEBs for the Illinois Portion of the Greater Chicago Area
[Tons per ozone season weekday]
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2008.............................................. 117.23 373.52
2025.............................................. 48.13 125.27
------------------------------------------------------------------------
The MVEBs are the on-road mobile source VOC and NOX
emissions for the Illinois portion of the Greater Chicago area for 2008
and 2025, including 15 percent safety margins for 2025. The MVEBs are
compatible with the 2008 and 2025 on-road mobile source VOC and
NOX emissions included in Illinois' 2008 and 2025 VOC and
NOX emission inventories, as summarized above in table 5.
The derivation of the MVEBs is thoroughly discussed in appendix B of
IEPA's April 5, 2009, ozone maintenance plan and in Illinois' September
16, 2011, supplement to the ozone maintenance plan.
EPA is proposing to approve the MVEBs for 2008 and 2025 as part of
Illinois' 1997 8-hour ozone standard maintenance plan. EPA has
determined that the MVEB emission targets are consistent with emission
control measures in the SIP and that the Greater Chicago area can
maintain attainment of the 1997 8-hour ozone NAAQS.
VII. 2002 Emissions Inventories
Section 182(a)(1) of the CAA requires States with ozone
nonattainment areas to submit a comprehensive, accurate, and current
inventory of actual emissions (emissions of VOC and NOX)
from all sources in the nonattainment areas, in accordance with
guidance provided by the EPA. On June 21, 2006, IEPA submitted 2002
base year emissions inventories for the Illinois portion of the Greater
Chicago nonattainment area. Emissions contained in that submittal cover
the general source categories of point sources, area sources, on-road
mobile sources, and non-road mobile sources. All emission summaries
were accompanied by source-specific descriptions of emission
calculation procedures and sources of input data.
IEPA prepared the point source emissions using source-reported
actual 2002 emissions data for VOC and NOX. The emissions
were adjusted for a typical summer day at each emissions unit within
the source facilities. The annual emission reports provided ozone
season hourly emissions and operating schedules that enabled the
calculations of ozone season weekday emissions.
Illinois used several methods to estimate area source activity
levels and emissions, including applying local activity levels,
apportioning national or statewide activity levels to the local level,
and applying per capita emission factors considering county-specific
populations. The documentation supplied in the emissions inventory
submittal shows how the county-specific emissions were calculated for
each area source category.
Non-road mobile source emissions were generated using EPA's NONROAD
model. In addition, separate emission estimates were developed for
commercial marine vessels, aircraft, and railroads, non-road source
categories not included in the NONROAD model.
On-road mobile source emissions contained in the June 21, 2006,
submittal were prepared by the IEPA using EPA's MOBILE6 emissions model
and daily VMT and speed estimates provided by the Illinois Department
of Transportation. Note, however, that the 2002 on-road mobile source
emissions documented in the September 16, 2011, submittal were derived
using the MOVES mobile source emissions model rather than MOBILE6.
MOVES is the currently EPA-accepted model for the determination of on-
road mobile source emissions.
Illinois' September 16, 2011, submittal documents 2002 emissions
for the Illinois portion of the Greater Chicago area in units of tons
per summer day. These emissions were modified relative to those
included in the June 21, 2006, submittal, reflecting revised mobile
source emissions calculated using MOVES (the mobile source emissions
included in the June 21, 2006 submittal were calculated using MOBILE6
mobile source emission factors). The 2002 emissions are summarized in
table 2 above in section V.C.
EPA is proposing to approve this 2002 base year emissions
inventory, as revised in the September 16, 2011, submittal, as meeting
the requirements of section 182(2)(1) of the CAA.
VIII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
[[Page 6760]]
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: January 31, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-2991 Filed 2-8-12; 8:45 am]
BILLING CODE 6560-50-P