Approval and Promulgation of Air Quality Implementation Plans; Illinois, 76332-76336 [2010-30840]
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
not yet been determined, but EPA will
provide notice of the rescheduled open
houses and hearings in local
newspapers, in our docket, and on our
Web site at least 30 days prior to the
events.
EPA’s proposed rule was published in
the Federal Register on October 19,
2010 (75 FR 64221) and can be accessed
the following Web site: https://
www.epa.gov/region9/airnavajo/
index.html#proposed. EPA has
established a public docket for the
proposed rulemaking under the docket
number EPA–R09–OAR–2010–0683.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). Due to
building security procedures, to inspect
the hard copy materials, please schedule
an appointment at least 24 hours in
advance during normal business hours
with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
Dated: November 22, 2010.
Deborah Jordan,
Air Division Director, Region IX.
[FR Doc. 2010–30841 Filed 12–7–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0671; FRL–9236–5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois
Environmental Protection
Agency (EPA).
ACTION: Proposed Rule.
AGENCY:
EPA is proposing to approve
a July 29, 2010, request from the State
of Illinois to exempt sources of Nitrogen
Oxides (NOX) in the Illinois portions of
the Chicago-Gary-Lake County, IllinoisIndiana and St. Louis, Missouri-Illinois
8-hour ozone nonattainment areas from
Clean Air Act (CAA) requirements for
NOX Reasonably Available Control
Technology (RACT) for purposes of
attaining the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). The State’s NOX RACT
waiver request is based on the most
recent three years of complete, qualityassured ozone monitoring data, which
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SUMMARY:
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demonstrate that additional reduction of
NOX emissions in the ozone
nonattainment areas would not
contribute to attainment of the 1997
8-hour ozone NAAQS in the two ozone
nonattainment areas. In addition to
waiving the NOX RACT requirement for
the State of Illinois, final approval of the
NOX RACT waiver would also suspend
a requirement for EPA to promulgate a
NOX RACT Federal Implementation
Plan (FIP) for the 8-hour ozone
nonattainment areas.
DATES: Comments must be received on
or before January 7, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2010–0671, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312) 692–2551.
• Mail: John M. Mooney, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
• Hand Delivery: John M. Mooney,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch, (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–2010–
0671. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
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www.regulations.gov, your e-mail
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 https://
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 https://
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.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What should I consider as I prepare my
comments for EPA?
II. What is the background for this action?
III. State Petition
IV. EPA Review of the Petition
A. Have the ozone nonattainment areas
attained the 1997 8–hour ozone NAAQS?
B. EPA’s analysis of Illinois’ NOX RACT
Waiver Petition
V. What are the environmental effects of this
action?
VI. EPA’s Proposed Action
VII. Statutory and Executive Order Reviews
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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.
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II. What is the background for this
action?
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 (ppm). The standard is violated in
an area when any ozone monitor in the
area (or in its downwind environs)
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.
Section 107 of the CAA required EPA
to designate as nonattainment any area
that violated the 1997 8-hour ozone
standard. The 8-hour ozone
designations and classifications were
promulgated on April 30, 2004 (69 FR
23857). In that EPA rulemaking, the
Chicago-Gary-Lake County, IllinoisIndiana (IL-IN) and St. Louis, MissouriIllinois (MO-IL) areas were designated
as nonattainment for the 1997 8-hour
ozone NAAQS, and the designations
became effective on June 15, 2004.
Ground-level ozone is not generally
emitted directly by sources. Rather,
emitted NOX and Volatile Organic
Compounds (VOC) react in the presence
of sunlight to form ground-level ozone,
as a secondary compound, along with
other secondary compounds. NOX and
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VOC are referred to as ‘‘ozone
precursors.’’ Reduction of peak groundlevel ozone concentrations is achieved
through controlling VOC and NOX
emissions.
The CAA, title 1, part D contains two
sets of provisions—subparts 1 and 2—
that address planning and emission
control requirements for ozone
nonattainment areas. Subpart 1 contains
general, less prescriptive requirements
for all nonattainment areas of any
pollutant governed by a NAAQS.
Subpart 2 contains more specific
requirements for ozone nonattainment
areas classified under section 181 of the
CAA. The Chicago-Gary-Lake County,
IL-IN and St. Louis, MO-IL areas are
classified as moderate nonattainment
areas under the 1997 8-hour ozone
NAAQS.1
The subpart 2 ozone plan
requirements under the CAA with
respect to control of VOC and NOX
emissions depend on the ozone
nonattainment classification of an area.
The air quality planning and control
requirements for the reduction of NOX
emissions are contained in section
182(f) of the CAA. Section 182(f)
requires States with areas classified as
moderate nonattainment and above to
adopt and implement the same level of
NOX emission controls for major
stationary sources as are required for
major stationary sources of VOC
emissions. Section 182(f) also provides
that these NOX emission reduction
requirements do not apply to an area
outside of an ozone transport region if
EPA determines that additional
reductions of NOX emissions would not
contribute to attainment of the ozone
standard in the area. In areas where the
ozone standard is attained, as
demonstrated by complete, qualityassured air quality data, without the
implementation of the additional
section 182(f) NOX emission controls, it
is clear that the additional NOX
emission reductions required by section
182(f) did not contribute to attainment
of the ozone standard.
On March 17, 2008, EPA notified
Douglas P. Scott, Director of the Illinois
EPA, that EPA had determined that the
State of Illinois had failed to submit a
CAA-required NOX RACT State
Implementation Plan (SIP) revision (the
NOX RACT emission control rules) for
the Illinois portions of the ChicagoGary-Lake County, IL-IN and St. Louis,
1 On May 11, 2010 (75 FR 26113), EPA published
a final rule to redesignate Lake and Porter Counties,
Indiana to attainment of the 1997 8-hour ozone
NAAQS. The Illinois portion of the Chicago-GaryLake County, IL-IN area remains designated as a
nonattainment area for the 1997 8-hour ozone
NAAQS.
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MO-IL ozone nonattainment areas. EPA
formalized this finding in the Federal
Register on March 24, 2008 (73 FR
15416), and that action commenced the
sanctions process outlined by section
179 of the CAA and 40 CFR 52.31. See
59 FR 39832, August 4, 1994. Under this
process, the new source two-to-one (2:1)
emissions offset sanction would take
effect in the Illinois ozone
nonattainment areas on September 24,
2009. The sanctions clock would run
and any imposed sanctions would
remain in effect until either a NOX
RACT SIP revision is submitted to EPA
by the State of Illinois and is
affirmatively determined complete by
EPA, or a NOX control waiver, under
section 182(f), is granted by EPA.
On September 1 and 2, 2009, the
Illinois EPA submitted adopted NOX
emission control regulations, as a
requested SIP revision, to meet the CAA
NOX RACT requirement. On September
16, 2009, EPA determined this SIP
revision submittal to be complete,
terminating the sanctions clock
activated on March 24, 2008.2 EPA
continues to review this SIP revision,
but has not yet completed rulemaking
on this requested SIP revision.
Therefore, the Illinois SIP does not yet
contain the Illinois NOX emission
control rules. In addition, it is noted
that Illinois has not yet completed
implementation of the NOX emission
control rules.
The criteria established for
determining the applicability of section
182(f) NOX emission controls and the
evaluation of section 182(f) NOX
emission control waiver requests are set
forth in a January 14, 2005, EPA policy
memorandum, ‘‘Guidance on Limiting
Nitrogen Oxides (NOX) Requirements
Related to 8-Hour Ozone
Implementation,’’ from Stephen D. Page,
Director, Office of Air Quality Planning
and Standards.
2 Termination of the sanctions clock did not
suspend or terminate a FIP clock (also started on
March 24, 2008) requiring EPA to promulgate a
NOX RACT FIP within two years of the
determination that Illinois had failed to submit
required NOX RACT rules. The FIP clock can only
be terminated (EPA’s obligation to promulgate a FIP
is ended) if EPA approves Illinois’ NOX emission
control rules as NOX RACT in the Illinois SIP or
suspended if EPA approves a waiver of the NOX
RACT requirement for both of the ozone
nonattainment areas. If the FIP clock is suspended
through approval of the NOX RACT waiver, the
suspension of the FIP clock continues only as long
as the two ozone nonattainment areas continue to
attain the 1997 8-hour ozone NAAQS. The FIP
clock is terminated if EPA approves the
redesignation of both areas (the Illinois portions of
the Chicago-Gary-Lake County, IL-IN and St. Louis,
MO-IL 8-hour ozone nonattainment areas) to
attainment of the 1997 8-hour ozone NAAQS.
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III. State Petition
IV. EPA Review of the Petition
On July 29, 2010, Illinois EPA
submitted a request for a NOX RACT
waiver for the Illinois ozone
nonattainment areas.3 This NOX RACT
waiver was requested for the 1997
8-hour ozone standard. Illinois EPA
requested that EPA consider the NOX
emission control rules submitted on
September 1 and 2, 2009, for approval
as NOX RACT in the Illinois SIP under
a possible new ozone standard that EPA
is currently considering.
Illinois EPA based its NOX RACT
waiver request on ozone air quality data
for 2007–2009, which demonstrate that
the 1997 8-hour ozone NAAQS has been
attained in the Chicago-Gary-Lake
County, IL-IN and St. Louis, MO-IL
areas without the implementation of
NOX RACT in the Illinois portions of
these areas.
A. Have the ozone nonattainment areas
attained the 1997 8-hour ozone
NAAQS?
An area may be considered to be
attaining the 1997 8-hour ozone
standard if there are no violations of the
standard, as determined in accordance
with 40 CFR 50.10 and appendix I,
based on the most recent three 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 the ozone standard.
Based on an ozone data rounding
convention described in 40 CFR 50,
appendix I, the 1997 8-hour ozone
standard is attained if the area’s ozone
design value 4 is 0.084 ppm or less. The
data must be collected and qualityassured in accordance with 40 CFR 58,
and must be recorded in EPA’s Air
Quality System (AQS). The ozone
monitors generally should have
remained at the same locations for
duration of the monitoring period
required to demonstrate attainment of
the ozone standard. The data supporting
attainment of the standard must be
complete in accordance with 40 CFR 50,
appendix I.
Table 1 summarizes the annual
fourth-high daily maximum 8-hour
ozone concentrations and their 3-year
(2007–2009) averages for all monitors in
the Chicago-Gary-Lake County, IL-IN
area and for the Chiwaukee Prairie
monitoring site in Wisconsin
(considered to be a high ozone monitor
in the downwind environs of the
Chicago-Gary-Lake County, IL-IN area).
These data reflect peak ozone
concentrations quality assured and
reported by the States of Illinois,
Indiana, and Wisconsin.
TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM) AND
3-YEAR AVERAGES FOR THE CHICAGO-GARY-LAKE COUNTY, IL-IN AREA
State/monitoring site
2007
2008
2009
3-Year
average
Indiana Monitoring Sites
Gary .................................................................................................................
Hammond ........................................................................................................
Ogden Dunes ...................................................................................................
Valparaiso ........................................................................................................
Whiting .............................................................................................................
0.085
0.077
0.084
0.080
0.088
0.062
0.068
0.069
0.061
0.062
0.058
0.065
0.067
0.064
0.062
0.068
0.070
0.073
0.068
0.071
0.085
0.082
0.084
0.079
0.075
0.080
0.079
0.085
0.068
0.076
0.080
0.072
0.081
0.080
0.074
0.071
0.066
0.066
0.058
0.063
0.063
0.066
0.063
0.071
0.060
0.063
0.058
0.057
0.061
0.067
0.063
0.057
0.069
0.065
0.076
0.060
0.062
0.067
0.064
0.067
0.067
0.069
0.064
0.059
0.057
0.075
0.066
0.063
0.073
0.071
0.073
0.068
0.067
0.071
0.069
0.074
0.065
0.069
0.067
0.063
0.066
0.074
0.068
0.064
0.085
0.069
0.071
0.075
Illinois Monitoring Sites
Alsip .................................................................................................................
Chicago-Cheltenham .......................................................................................
Chicago-Adams ...............................................................................................
Chicago-Ellis Avenue .......................................................................................
Chicago-Ohio Street ........................................................................................
Chicago-Lawndale ...........................................................................................
Chicago-Hurlbut Street ....................................................................................
Lemont .............................................................................................................
Cicero ...............................................................................................................
Northbrook .......................................................................................................
Evanston ..........................................................................................................
Lisle ..................................................................................................................
Waukegan ........................................................................................................
Illinois Beach State Park .................................................................................
Cary .................................................................................................................
Essex Road .....................................................................................................
Wisconsin Monitoring Site
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Chiwaukee Prairie ............................................................................................
3 The Illinois portion of the Chicago-Gary-Lake
County, IL-IN 8-hour ozone nonattainment area
includes Cook, DuPage, Kane, Lake, McHenry, and
Will Counties, and portions of Grundy (Aux Sable
and Goose Lake Townships) and Kendall (Oswego
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Township) Counties. The Illinois portion of the St.
Louis, MO-IL 8-hour ozone nonattainment area
includes Jersey, Madison, Monroe, and St. Clair
Counties.
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4 The worst-case monitoring site-specific ozone
design value in the area and in its downwind
environs.
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Table 2 summarizes the annual
fourth-high daily maximum 8-hour
ozone concentrations and their 3-year
(2007–2009) averages for all monitors in
the St. Louis, MO-IL area. These data
reflect peak ozone concentrations
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quality assured and reported by the
States of Illinois and Missouri.
TABLE 2—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGES IN PPM FOR
THE ST. LOUIS, MO-IL AREA
State/monitoring site
2007
2008
2009
3-Year
average
Illinois Sites
Jerseyville ........................................................................................................
Alton .................................................................................................................
Maryville ...........................................................................................................
Wood River ......................................................................................................
East St. Louis ..................................................................................................
0.075
0.081
0.087
0.086
0.077
0.069
0.068
0.070
0.067
0.064
0.068
0.067
0.074
0.066
0.069
0.070
0.072
0.077
0.073
0.070
0.087
0.083
0.089
0.094
0.085
0.087
0.070
0.072
0.076
0.069
0.064
0.073
0.070
0.072
0.071
0.067
0.064
0.065
0.075
0.075
0.078
0.076
0.071
0.075
Missouri Sites
Arnold ...............................................................................................................
Orchard Farm ..................................................................................................
West Alton .......................................................................................................
Maryland Heights .............................................................................................
Pacific ..............................................................................................................
Blair Street .......................................................................................................
Review of the 2007–2009 ozone
concentrations and site-specific ozone
design values (3-year averages) in Tables
1 and 2 shows that all of the ozone
monitoring sites in the two areas were
attaining the 1997 8-hour ozone NAAQS
during this period. Therefore, based on
the most recent three years of qualityassured ozone monitoring data, the 1997
8-hour ozone standard has been attained
in these areas. Preliminary 2010 ozone
data show that the 1997 8-hour ozone
standard continues to be attained in the
two areas.
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B. EPA’s Analysis of Illinois’ NOX RACT
Waiver Petition
EPA’s guidance document, ‘‘Guidance
on Limiting Nitrogen Oxides (NOX)
Requirements Related to 8-Hour Ozone
Implementation,’’ sets forth the criteria
for demonstrating that further NOX
emission reductions in an ozone
nonattainment area will not contribute
to ozone attainment. The guidance
provides that three consecutive years of
monitoring data documenting ozone
levels attaining the ozone NAAQS in
areas in which a State has not
implemented certain NOX emission
controls is adequate to demonstrate that
the additional NOX emission reductions
will not aid in achieving attainment of
the ozone NAAQS. As described in the
guidance document, approval of the
NOX emission control exemption is
granted by the EPA on a contingent
basis. The NOX emission control
exemption continues only as long as the
State continues to monitor attainment of
the ozone NAAQS. If, prior to
redesignation of the area to attainment
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of the ozone NAAQS, the area violates
the 1997 8-hour ozone NAAQS, as
defined at 40 CFR 50.10 and appendix
I, EPA will undertake rulemaking to
withdraw the NOX emission control
exemption, the area would once again
be subject to the NOX emission control
requirements under section 182(f) of the
CAA.
EPA’s review of the ozone monitoring
data and Illinois’ NOX emission control
exemption request shows that Illinois
has complied with the requirements for
a NOX RACT exemption in the State’s
8-hour ozone nonattainment areas under
section 182(f) of the CAA consistent
with the guidelines contained in EPA’s
January 14, 2005, guidance document.
Therefore, EPA proposes to determine
that the State of Illinois qualifies for
exemption from NOX RACT
requirements for the Illinois portions of
the Chicago-Gary-Lake County, IL-IN
and St. Louis, MO-IL ozone
nonattainment areas for the purposes of
attaining the 1997 8-hour ozone
NAAQS.
V. What are the environmental effects
of this action?
The section 182(f) NOX RACT
exemption is based on a finding that
additional reductions of NOX would not
contribute to attainment of the 1997
8-hour ozone NAAQS in the ChicagoGary-Lake County, IL-IN and St. Louis,
MO-IL ozone nonattainment areas.
These areas have three consecutive
years of ozone levels attaining the ozone
standard even though Illinois has not
implemented NOX RACT rules.
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While EPA is proposing to waive the
requirements to control NOX emissions
through NOX RACT in the Illinois ozone
nonattaiment areas on the basis that
NOX emission reductions would not
contribute to attainment of the ozone
NAAQS in the Chicago-Gary-Lake
County, IL-IN and St. Louis, MO-IL
areas, EPA recognizes that there are
other benefits to controlling NOX
emissions. These benefits include
reducing acid deposition, reducing
nitrogen deposition in sensitive
wetlands, estuaries, and their
watersheds, and mitigating ozone
transport to downwind ozone
nonattainment areas. Illinois will
continue to be required to control NOX
emissions from certain NOX sources
under other CAA programs, such as the
Acid Rain program in title IV of the
CAA, for purposes of achieving these
environmental benefits. This proposed
NOX RACT waiver will not affect other
existing and pending NOX emission
control requirements for Illinois needed
to achieve these environmental benefits.
In addition, EPA notes that an
approval of this waiver request is solely
for purposes of the CAA requirements to
meet the 1997 8-hour ozone NAAQS.
The waiver would not apply for
purposes of the ozone NAAQS
promulgated in 2008 (March 27, 2008,
73 FR 16435) or for purposes of any
future ozone NAAQS EPA may
promulgate. To the extent section 182(f)
applies in this area for purposes of the
2008 or any future ozone NAAQS, the
State would need to submit a NOX
RACT SIP or would need to demonstrate
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that a waiver is appropriate for purposes
of that different ozone NAAQS.
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VI. EPA’s Proposed Action
EPA is proposing approval of Illinois’
request to exempt the State’s 8-hour
ozone nonattainment areas from the
section 182(f) NOX RACT requirement.
This proposed approval is based on
EPA’s review of the evidence that the
requirements of section 182(f)(1)(A), as
elaborated upon in EPA’s guidance for
section 182(f) exemptions, have been
met for Chicago-Gary-Lake County, ILIN and St. Louis, MO-IL ozone
nonattainment areas. In the future, if
EPA determines that a violation of the
1997 8-hour ozone NAAQS has
occurred in the Chicago-Gary-Lake
County, IL-IN area (or at the Chiwaukee
Prairie monitoring site in Kenosha
County, Wisconsin) or in the St. Louis,
MO-IL area while the Illinois portions of
these ozone nonattainment areas are
designated as nonattainment for the
1997 8-hour ozone NAAQS, EPA will
take action to revoke the exemption.
Final approval of Illinois’ NOX RACT
exemption request would suspend a
requirement for a NOX RACT FIP
stemming from EPA’s March 24, 2008,
finding of Illinois’ failure to submit the
NOX RACT rules. The suspension
would remain in place contingent upon
continued attainment of the 1997 8-hour
ozone NAAQS in the Chicago-Gary-Lake
County, IL-IN and St. Louis, MO-IL
areas. If EPA approves a redesignation
request for either of these areas for the
1997 8-hour ozone NAAQS, the NOX
RACT FIP clock will permanently stop
at that time. If EPA determines that
there is a violation of the 1997 8-hour
ozone NAAQS while either of these
areas remain designated as
nonattainment for the 1997 8-hour
ozone NAAQS, the NOX RACT waiver
will no longer be applicable as of the
effective date of any such determination
for the violating area by EPA. At that
time, the NOX RACT FIP requirement
will no longer be suspended and the
NOX RACT FIP clock will restart at the
point at which it stopped. EPA will
provide notice in the Federal Register of
any such waiver revocation and of the
restarting of the NOX RACT FIP clock.
VII. 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
VerDate Mar<15>2010
17:01 Dec 07, 2010
Jkt 223001
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 CAA; 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).
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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: November 23, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2010–30840 Filed 12–7–10; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00020
Fmt 4702
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 58
[EPA–HQ–OAR–2006–0735; FRL–9236–4]
Notice of Data Availability Regarding
Two Studies of Ambient Lead
Concentrations Near a General
Aviation Airport
Environmental Protection
Agency (EPA).
ACTION: Notice of Data Availability
(NODA).
AGENCY:
The EPA issued a final rule
on November 12, 2008, (effective date
January 12, 2009) that revised the
primary and secondary National
Ambient Air Quality Standards
(NAAQS) for lead and associated
monitoring requirements. On December
30, 2009, EPA proposed revisions to the
lead monitoring requirements. As part
of the proposed revisions, EPA
proposed requiring monitoring near
general aviation airports estimated to
have lead emissions of 0.50 tons per
year or greater. After the proposal was
published, EPA completed a study of
ambient lead concentrations near a
general aviation airport which may be
referenced by the EPA in preparing the
final lead monitoring requirements. In
addition, a final report on one of the
studies relied on in the proposed rule
has become available. This action
announces the availability of these two
studies in the Revision to Lead Ambient
Air Monitoring Requirements docket
(EPA–HQ–OAR–2006–0735).
FOR FURTHER INFORMATION CONTACT: For
questions regarding the additional data,
contact Kevin Cavender, Air Quality
Assessment Division, C304–06,
Environmental Protection Agency, U.S.
EPA (C304–06), AQAD/AAMG,
Research Triangle Park, NC 27711;
telephone number: 919–541–2364; fax
number: 919–541–1903; e-mail address:
cavender.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. What is today’s action?
This action announces the availability
of two studies that contain information
on ambient lead concentrations near an
airport that has lead emissions from the
combustion of leaded aviation fuel. The
first is a local-scale airport modeling
and monitoring study conducted by the
EPA to investigate near-source ambient
lead concentrations attributable to lead
from the combustion of leaded aviation
gasoline (EPA, 2010). The second is a
final report documenting the study
relied on in the proposed rule which
was used to identify airports as having
E:\FR\FM\08DEP1.SGM
08DEP1
]]>Agencies
[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76332-76336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30840]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0671; FRL-9236-5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed Rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a July 29, 2010, request from the
State of Illinois to exempt sources of Nitrogen Oxides (NOX)
in the Illinois portions of the Chicago-Gary-Lake County, Illinois-
Indiana and St. Louis, Missouri-Illinois 8-hour ozone nonattainment
areas from Clean Air Act (CAA) requirements for NOX
Reasonably Available Control Technology (RACT) for purposes of
attaining the 1997 8-hour ozone National Ambient Air Quality Standard
(NAAQS). The State's NOX RACT waiver request is based on the
most recent three years of complete, quality-assured ozone monitoring
data, which demonstrate that additional reduction of NOX
emissions in the ozone nonattainment areas would not contribute to
attainment of the 1997 8-hour ozone NAAQS in the two ozone
nonattainment areas. In addition to waiving the NOX RACT
requirement for the State of Illinois, final approval of the
NOX RACT waiver would also suspend a requirement for EPA to
promulgate a NOX RACT Federal Implementation Plan (FIP) for
the 8-hour ozone nonattainment areas.
DATES: Comments must be received on or before January 7, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0671, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 692-2551.
Mail: John M. Mooney, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch, (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John M. Mooney, Chief, Attainment Planning
and Maintenance Section, Air Programs Branch, (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-
2010-0671. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail 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 https://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 https://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.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What should I consider as I prepare my comments for EPA?
II. What is the background for this action?
III. State Petition
IV. EPA Review of the Petition
A. Have the ozone nonattainment areas attained the 1997 8-hour
ozone NAAQS?
B. EPA's analysis of Illinois' NOX RACT Waiver
Petition
V. What are the environmental effects of this action?
VI. EPA's Proposed Action
VII. Statutory and Executive Order Reviews
[[Page 76333]]
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 is the background for this action?
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 (ppm). The standard is violated in an area when any ozone monitor
in the area (or in its downwind environs) 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.
Section 107 of the CAA required EPA to designate as nonattainment
any area that violated the 1997 8-hour ozone standard. The 8-hour ozone
designations and classifications were promulgated on April 30, 2004 (69
FR 23857). In that EPA rulemaking, the Chicago-Gary-Lake County,
Illinois-Indiana (IL-IN) and St. Louis, Missouri-Illinois (MO-IL) areas
were designated as nonattainment for the 1997 8-hour ozone NAAQS, and
the designations became effective on June 15, 2004.
Ground-level ozone is not generally emitted directly by sources.
Rather, emitted NOX and Volatile Organic Compounds (VOC)
react in the presence of sunlight to form ground-level ozone, as a
secondary compound, along with other secondary compounds.
NOX and VOC are referred to as ``ozone precursors.''
Reduction of peak ground-level ozone concentrations is achieved through
controlling VOC and NOX emissions.
The CAA, title 1, part D contains two sets of provisions--subparts
1 and 2--that address planning and emission control requirements for
ozone nonattainment areas. Subpart 1 contains general, less
prescriptive requirements for all nonattainment areas of any pollutant
governed by a NAAQS. Subpart 2 contains more specific requirements for
ozone nonattainment areas classified under section 181 of the CAA. The
Chicago-Gary-Lake County, IL-IN and St. Louis, MO-IL areas are
classified as moderate nonattainment areas under the 1997 8-hour ozone
NAAQS.\1\
---------------------------------------------------------------------------
\1\ On May 11, 2010 (75 FR 26113), EPA published a final rule to
redesignate Lake and Porter Counties, Indiana to attainment of the
1997 8-hour ozone NAAQS. The Illinois portion of the Chicago-Gary-
Lake County, IL-IN area remains designated as a nonattainment area
for the 1997 8-hour ozone NAAQS.
---------------------------------------------------------------------------
The subpart 2 ozone plan requirements under the CAA with respect to
control of VOC and NOX emissions depend on the ozone
nonattainment classification of an area. The air quality planning and
control requirements for the reduction of NOX emissions are
contained in section 182(f) of the CAA. Section 182(f) requires States
with areas classified as moderate nonattainment and above to adopt and
implement the same level of NOX emission controls for major
stationary sources as are required for major stationary sources of VOC
emissions. Section 182(f) also provides that these NOX
emission reduction requirements do not apply to an area outside of an
ozone transport region if EPA determines that additional reductions of
NOX emissions would not contribute to attainment of the
ozone standard in the area. In areas where the ozone standard is
attained, as demonstrated by complete, quality-assured air quality
data, without the implementation of the additional section 182(f)
NOX emission controls, it is clear that the additional
NOX emission reductions required by section 182(f) did not
contribute to attainment of the ozone standard.
On March 17, 2008, EPA notified Douglas P. Scott, Director of the
Illinois EPA, that EPA had determined that the State of Illinois had
failed to submit a CAA-required NOX RACT State
Implementation Plan (SIP) revision (the NOX RACT emission
control rules) for the Illinois portions of the Chicago-Gary-Lake
County, IL-IN and St. Louis, MO-IL ozone nonattainment areas. EPA
formalized this finding in the Federal Register on March 24, 2008 (73
FR 15416), and that action commenced the sanctions process outlined by
section 179 of the CAA and 40 CFR 52.31. See 59 FR 39832, August 4,
1994. Under this process, the new source two-to-one (2:1) emissions
offset sanction would take effect in the Illinois ozone nonattainment
areas on September 24, 2009. The sanctions clock would run and any
imposed sanctions would remain in effect until either a NOX
RACT SIP revision is submitted to EPA by the State of Illinois and is
affirmatively determined complete by EPA, or a NOX control
waiver, under section 182(f), is granted by EPA.
On September 1 and 2, 2009, the Illinois EPA submitted adopted
NOX emission control regulations, as a requested SIP
revision, to meet the CAA NOX RACT requirement. On September
16, 2009, EPA determined this SIP revision submittal to be complete,
terminating the sanctions clock activated on March 24, 2008.\2\ EPA
continues to review this SIP revision, but has not yet completed
rulemaking on this requested SIP revision. Therefore, the Illinois SIP
does not yet contain the Illinois NOX emission control
rules. In addition, it is noted that Illinois has not yet completed
implementation of the NOX emission control rules.
---------------------------------------------------------------------------
\2\ Termination of the sanctions clock did not suspend or
terminate a FIP clock (also started on March 24, 2008) requiring EPA
to promulgate a NOX RACT FIP within two years of the
determination that Illinois had failed to submit required
NOX RACT rules. The FIP clock can only be terminated
(EPA's obligation to promulgate a FIP is ended) if EPA approves
Illinois' NOX emission control rules as NOX
RACT in the Illinois SIP or suspended if EPA approves a waiver of
the NOX RACT requirement for both of the ozone
nonattainment areas. If the FIP clock is suspended through approval
of the NOX RACT waiver, the suspension of the FIP clock
continues only as long as the two ozone nonattainment areas continue
to attain the 1997 8-hour ozone NAAQS. The FIP clock is terminated
if EPA approves the redesignation of both areas (the Illinois
portions of the Chicago-Gary-Lake County, IL-IN and St. Louis, MO-IL
8-hour ozone nonattainment areas) to attainment of the 1997 8-hour
ozone NAAQS.
---------------------------------------------------------------------------
The criteria established for determining the applicability of
section 182(f) NOX emission controls and the evaluation of
section 182(f) NOX emission control waiver requests are set
forth in a January 14, 2005, EPA policy memorandum, ``Guidance on
Limiting Nitrogen Oxides (NOX) Requirements Related to 8-
Hour Ozone Implementation,'' from Stephen D. Page, Director, Office of
Air Quality Planning and Standards.
[[Page 76334]]
III. State Petition
On July 29, 2010, Illinois EPA submitted a request for a
NOX RACT waiver for the Illinois ozone nonattainment
areas.\3\ This NOX RACT waiver was requested for the 1997 8-
hour ozone standard. Illinois EPA requested that EPA consider the
NOX emission control rules submitted on September 1 and 2,
2009, for approval as NOX RACT in the Illinois SIP under a
possible new ozone standard that EPA is currently considering.
---------------------------------------------------------------------------
\3\ The Illinois portion of the Chicago-Gary-Lake County, IL-IN
8-hour ozone nonattainment 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 portion of the St. Louis, MO-IL 8-hour ozone nonattainment
area includes Jersey, Madison, Monroe, and St. Clair Counties.
---------------------------------------------------------------------------
Illinois EPA based its NOX RACT waiver request on ozone
air quality data for 2007-2009, which demonstrate that the 1997 8-hour
ozone NAAQS has been attained in the Chicago-Gary-Lake County, IL-IN
and St. Louis, MO-IL areas without the implementation of NOX RACT in
the Illinois portions of these areas.
IV. EPA Review of the Petition
A. Have the ozone nonattainment areas attained the 1997 8-hour ozone
NAAQS?
An area may be considered to be attaining the 1997 8-hour ozone
standard if there are no violations of the standard, as determined in
accordance with 40 CFR 50.10 and appendix I, based on the most recent
three 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 the ozone
standard. Based on an ozone data rounding convention described in 40
CFR 50, appendix I, the 1997 8-hour ozone standard is attained if the
area's ozone design value \4\ is 0.084 ppm or less. The data must be
collected and quality-assured in accordance with 40 CFR 58, and must be
recorded in EPA's Air Quality System (AQS). The ozone monitors
generally should have remained at the same locations for duration of
the monitoring period required to demonstrate attainment of the ozone
standard. The data supporting attainment of the standard must be
complete in accordance with 40 CFR 50, appendix I.
---------------------------------------------------------------------------
\4\ The worst-case monitoring site-specific ozone design value
in the area and in its downwind environs.
---------------------------------------------------------------------------
Table 1 summarizes the annual fourth-high daily maximum 8-hour
ozone concentrations and their 3-year (2007-2009) averages for all
monitors in the Chicago-Gary-Lake County, IL-IN area and for the
Chiwaukee Prairie monitoring site in Wisconsin (considered to be a high
ozone monitor in the downwind environs of the Chicago-Gary-Lake County,
IL-IN area). These data reflect peak ozone concentrations quality
assured and reported by the States of Illinois, Indiana, and Wisconsin.
Table 1--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations in Parts per Million (ppm) and 3-Year
Averages for the Chicago-Gary-Lake County, IL-IN Area
----------------------------------------------------------------------------------------------------------------
State/monitoring site 2007 2008 2009 3-Year average
----------------------------------------------------------------------------------------------------------------
Indiana Monitoring Sites
----------------------------------------------------------------------------------------------------------------
Gary............................................ 0.085 0.062 0.058 0.068
Hammond......................................... 0.077 0.068 0.065 0.070
Ogden Dunes..................................... 0.084 0.069 0.067 0.073
Valparaiso...................................... 0.080 0.061 0.064 0.068
Whiting......................................... 0.088 0.062 0.062 0.071
----------------------------------------------------------------------------------------------------------------
Illinois Monitoring Sites
----------------------------------------------------------------------------------------------------------------
Alsip........................................... 0.085 0.066 0.069 0.073
Chicago-Cheltenham.............................. 0.082 0.066 0.065 0.071
Chicago-Adams................................... 0.084 0.058 0.076 0.073
Chicago-Ellis Avenue............................ 0.079 0.063 0.060 0.068
Chicago-Ohio Street............................. 0.075 0.063 0.062 0.067
Chicago-Lawndale................................ 0.080 0.066 0.067 0.071
Chicago-Hurlbut Street.......................... 0.079 0.063 0.064 0.069
Lemont.......................................... 0.085 0.071 0.067 0.074
Cicero.......................................... 0.068 0.060 0.067 0.065
Northbrook...................................... 0.076 0.063 0.069 0.069
Evanston........................................ 0.080 0.058 0.064 0.067
Lisle........................................... 0.072 0.057 0.059 0.063
Waukegan........................................ 0.081 0.061 0.057 0.066
Illinois Beach State Park....................... 0.080 0.067 0.075 0.074
Cary............................................ 0.074 0.063 0.066 0.068
Essex Road...................................... 0.071 0.057 0.063 0.064
----------------------------------------------------------------------------------------------------------------
Wisconsin Monitoring Site
----------------------------------------------------------------------------------------------------------------
Chiwaukee Prairie............................... 0.085 0.069 0.071 0.075
----------------------------------------------------------------------------------------------------------------
[[Page 76335]]
Table 2 summarizes the annual fourth-high daily maximum 8-hour
ozone concentrations and their 3-year (2007-2009) averages for all
monitors in the St. Louis, MO-IL area. These data reflect peak ozone
concentrations quality assured and reported by the States of Illinois
and Missouri.
Table 2--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations and 3-Year Averages in ppm for the St.
Louis, MO-IL Area
----------------------------------------------------------------------------------------------------------------
3-Year
State/monitoring site 2007 2008 2009 average
----------------------------------------------------------------------------------------------------------------
Illinois Sites
----------------------------------------------------------------------------------------------------------------
Jerseyville..................................... 0.075 0.069 0.068 0.070
Alton........................................... 0.081 0.068 0.067 0.072
Maryville....................................... 0.087 0.070 0.074 0.077
Wood River...................................... 0.086 0.067 0.066 0.073
East St. Louis.................................. 0.077 0.064 0.069 0.070
----------------------------------------------------------------------------------------------------------------
Missouri Sites
----------------------------------------------------------------------------------------------------------------
Arnold.......................................... 0.087 0.070 0.070 0.075
Orchard Farm.................................... 0.083 0.072 0.072 0.075
West Alton...................................... 0.089 0.076 0.071 0.078
Maryland Heights................................ 0.094 0.069 0.067 0.076
Pacific......................................... 0.085 0.064 0.064 0.071
Blair Street.................................... 0.087 0.073 0.065 0.075
----------------------------------------------------------------------------------------------------------------
Review of the 2007-2009 ozone concentrations and site-specific
ozone design values (3-year averages) in Tables 1 and 2 shows that all
of the ozone monitoring sites in the two areas were attaining the 1997
8-hour ozone NAAQS during this period. Therefore, based on the most
recent three years of quality-assured ozone monitoring data, the 1997
8-hour ozone standard has been attained in these areas. Preliminary
2010 ozone data show that the 1997 8-hour ozone standard continues to
be attained in the two areas.
B. EPA's Analysis of Illinois' NOX RACT Waiver Petition
EPA's guidance document, ``Guidance on Limiting Nitrogen Oxides
(NOX) Requirements Related to 8-Hour Ozone Implementation,''
sets forth the criteria for demonstrating that further NOX
emission reductions in an ozone nonattainment area will not contribute
to ozone attainment. The guidance provides that three consecutive years
of monitoring data documenting ozone levels attaining the ozone NAAQS
in areas in which a State has not implemented certain NOX
emission controls is adequate to demonstrate that the additional
NOX emission reductions will not aid in achieving attainment
of the ozone NAAQS. As described in the guidance document, approval of
the NOX emission control exemption is granted by the EPA on
a contingent basis. The NOX emission control exemption
continues only as long as the State continues to monitor attainment of
the ozone NAAQS. If, prior to redesignation of the area to attainment
of the ozone NAAQS, the area violates the 1997 8-hour ozone NAAQS, as
defined at 40 CFR 50.10 and appendix I, EPA will undertake rulemaking
to withdraw the NOX emission control exemption, the area
would once again be subject to the NOX emission control
requirements under section 182(f) of the CAA.
EPA's review of the ozone monitoring data and Illinois'
NOX emission control exemption request shows that Illinois
has complied with the requirements for a NOX RACT exemption
in the State's 8-hour ozone nonattainment areas under section 182(f) of
the CAA consistent with the guidelines contained in EPA's January 14,
2005, guidance document. Therefore, EPA proposes to determine that the
State of Illinois qualifies for exemption from NOX RACT
requirements for the Illinois portions of the Chicago-Gary-Lake County,
IL-IN and St. Louis, MO-IL ozone nonattainment areas for the purposes
of attaining the 1997 8-hour ozone NAAQS.
V. What are the environmental effects of this action?
The section 182(f) NOX RACT exemption is based on a
finding that additional reductions of NOX would not
contribute to attainment of the 1997 8-hour ozone NAAQS in the Chicago-
Gary-Lake County, IL-IN and St. Louis, MO-IL ozone nonattainment areas.
These areas have three consecutive years of ozone levels attaining the
ozone standard even though Illinois has not implemented NOX
RACT rules.
While EPA is proposing to waive the requirements to control
NOX emissions through NOX RACT in the Illinois
ozone nonattaiment areas on the basis that NOX emission
reductions would not contribute to attainment of the ozone NAAQS in the
Chicago-Gary-Lake County, IL-IN and St. Louis, MO-IL areas, EPA
recognizes that there are other benefits to controlling NOX
emissions. These benefits include reducing acid deposition, reducing
nitrogen deposition in sensitive wetlands, estuaries, and their
watersheds, and mitigating ozone transport to downwind ozone
nonattainment areas. Illinois will continue to be required to control
NOX emissions from certain NOX sources under
other CAA programs, such as the Acid Rain program in title IV of the
CAA, for purposes of achieving these environmental benefits. This
proposed NOX RACT waiver will not affect other existing and
pending NOX emission control requirements for Illinois
needed to achieve these environmental benefits.
In addition, EPA notes that an approval of this waiver request is
solely for purposes of the CAA requirements to meet the 1997 8-hour
ozone NAAQS. The waiver would not apply for purposes of the ozone NAAQS
promulgated in 2008 (March 27, 2008, 73 FR 16435) or for purposes of
any future ozone NAAQS EPA may promulgate. To the extent section 182(f)
applies in this area for purposes of the 2008 or any future ozone
NAAQS, the State would need to submit a NOX RACT SIP or
would need to demonstrate
[[Page 76336]]
that a waiver is appropriate for purposes of that different ozone
NAAQS.
VI. EPA's Proposed Action
EPA is proposing approval of Illinois' request to exempt the
State's 8-hour ozone nonattainment areas from the section 182(f)
NOX RACT requirement. This proposed approval is based on
EPA's review of the evidence that the requirements of section
182(f)(1)(A), as elaborated upon in EPA's guidance for section 182(f)
exemptions, have been met for Chicago-Gary-Lake County, IL-IN and St.
Louis, MO-IL ozone nonattainment areas. In the future, if EPA
determines that a violation of the 1997 8-hour ozone NAAQS has occurred
in the Chicago-Gary-Lake County, IL-IN area (or at the Chiwaukee
Prairie monitoring site in Kenosha County, Wisconsin) or in the St.
Louis, MO-IL area while the Illinois portions of these ozone
nonattainment areas are designated as nonattainment for the 1997 8-hour
ozone NAAQS, EPA will take action to revoke the exemption.
Final approval of Illinois' NOX RACT exemption request
would suspend a requirement for a NOX RACT FIP stemming from
EPA's March 24, 2008, finding of Illinois' failure to submit the
NOX RACT rules. The suspension would remain in place
contingent upon continued attainment of the 1997 8-hour ozone NAAQS in
the Chicago-Gary-Lake County, IL-IN and St. Louis, MO-IL areas. If EPA
approves a redesignation request for either of these areas for the 1997
8-hour ozone NAAQS, the NOX RACT FIP clock will permanently
stop at that time. If EPA determines that there is a violation of the
1997 8-hour ozone NAAQS while either of these areas remain designated
as nonattainment for the 1997 8-hour ozone NAAQS, the NOX
RACT waiver will no longer be applicable as of the effective date of
any such determination for the violating area by EPA. At that time, the
NOX RACT FIP requirement will no longer be suspended and the
NOX RACT FIP clock will restart at the point at which it
stopped. EPA will provide notice in the Federal Register of any such
waiver revocation and of the restarting of the NOX RACT FIP
clock.
VII. 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 CAA; 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).
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 in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: November 23, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2010-30840 Filed 12-7-10; 8:45 am]
BILLING CODE 6560-50-P
