Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Illinois; Redesignation of the Illinois Portion of the St. Louis, MO-IL Area to Attainment for the 1997 8-Hour Ozone Standard, 79579-79593 [2011-32828]
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Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2010–0523; FRL–9610–5]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Illinois; Redesignation of
the Illinois Portion of the St. Louis,
MO-IL Area to Attainment for the 1997
8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a request from Illinois to redesignate the
Illinois portion of the St. Louis, MO-IL
nonattainment area, ‘‘the St. Louis
area,’’ to attainment for the 1997 8-hour
ozone standard because the request
meets the statutory requirements for
redesignation under the Clean Air Act
(CAA). The St. Louis area includes
Jersey, Madison, Monroe, and St. Clair
Counties in Illinois and St. Louis City
and Franklin, Jefferson, St. Charles and
St. Louis Counties in Missouri. The
Illinois Environmental Protection
Agency (IEPA) submitted this request on
May 26, 2010 and supplemented it on
September 16, 2011. (EPA will address
the Missouri portion of the St. Louis
area in a separate rulemaking action.)
This proposed approval also involves
several related actions. EPA is
proposing to approve, as a revision to
the Illinois State Implementation Plan
(SIP), the State’s plan for maintaining
the 1997 8-hour ozone National
Ambient Air Quality Standard (NAAQS)
through 2025 in the area. EPA is
proposing to approve the 2002
emissions inventory, submitted by IEPA
on June 21, 2006, and supplemented on
September 16, 2011, as meeting the
comprehensive emissions inventory
requirement of the CAA for the Illinois
portion of the St. Louis area. Finally,
EPA finds adequate and is proposing to
approve the State’s 2008 and 2025
Motor Vehicle Emission Budgets
(MVEBs) for the Illinois portion of the
St. Louis area.
DATES: Comments must be received on
or before January 23, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2010–0523, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. Email: Aburano.Douglas@epa.gov.
3. Fax: (312) 353–6960.
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SUMMARY:
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4. Mail: Doug Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand delivery: Doug Aburano,
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
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–
0523. 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
or viruses. For additional instructions
on submitting comments, go to section
I of this document, ‘‘What Should I
Consider as I Prepare My Comments for
EPA?’’
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
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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 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
Kathleen D’Agostino, Environmental
Engineer, at (312) 886–1767 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
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 to take?
III. What is the Background for these actions?
A. What is the general background
information?
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 Implementation Rule?
1. Summary of Court Decision
2. Requirements Under the 8-Hour
Standard
3. Requirements Under the 1-Hour
Standard
IV. What are the criteria for redesignation to
attainment?
V. What is EPA’s analysis of the state’s
request?
A. Redesignation
1. The Area Has Attained the 8-Hour
Ozone NAAQS (Section 107(d)(3)(E)(i))
2. The Area Has Met All Applicable
Requirements Under Section 110 and
Part D; and the Area Has a Fully
Approved SIP under Section 110(k)
(Sections 107(d)(3)(E)(v) and
107(d)(3)(E)(ii))
3. The Improvement in Air Quality Is Due
to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution Control
Regulations and Other Permanent and
Enforceable Reductions (Section
107(d)(3)(E)(iii))
4. The Area Has a Fully Approved
Maintenance Plan Pursuant to Section
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175A of the CAA (Section
107(d)(3)(E)(iv))
B. Adequacy of the MVEBs
C. 2002 Comprehensive Emissions
Inventory
VI. Summary of Actions
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 that 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.
II. What actions is EPA proposing to
take?
EPA is proposing to determine that
the Illinois portion of the St. Louis area
has met the requirements for
redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus proposing to
approve the request from IEPA to
change the legal designation of the
Illinois portion of the St. Louis area
from nonattainment to attainment for
the 1997 8-hour ozone NAAQS. EPA is
also taking several additional actions
related to the State’s redesignation
request, as discussed below.
EPA is proposing to approve, as a
revision to the Illinois SIP, the State’s
maintenance plan (such approval being
one of the CAA criteria for redesignation
to attainment status). The maintenance
plan is designed to keep the St. Louis
area in attainment of the ozone NAAQS
through 2025.
EPA is proposing to approve the 2002
volatile organic compound (VOC) and
nitrogen oxides (NOX) emissions
inventories for the Illinois portion of the
St. Louis area, documented in IEPA’s
May 26, 2010, and September 16, 2011
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submittals. These emissions inventories
satisfy the requirement in section
182(a)(1) of the CAA for a
comprehensive emission inventory.
Finally, EPA finds adequate and is
proposing to approve the newlyestablished 2008 and 2025 MVEBs for
the Illinois portion of the St. Louis area.
The adequacy comment period for the
MVEBs began on September 26, 2011,
with EPA’s posting of the availability of
the submittal on EPA’s Adequacy Web
site (at https://www.epa.gov/otaq/
stateresources/transconf/adequacy.
htm). The adequacy comment period for
these MVEBs ended on October 26,
2011. EPA did not receive any requests
for this submittal, or comments on this
submittal during the adequacy comment
period. Please see section V.B. of this
rulemaking, ‘‘Adequacy of the MVEBs,’’
for further explanation of this process.
Therefore, EPA finds adequate, and is
proposing to approve, the State’s 2008
and 2025 MVEBs for the Illinois portion
of the St. Louis area. These MVEBs will
be used in future transportation
conformity analyses for the area.
III. What is the background for these
actions?
A. What is the general background
information?
Ground-level ozone is not emitted
directly by sources. Rather, emissions of
NOX and VOCs react in the presence of
sunlight to form ground-level ozone.
NOX and VOCs are referred to as
precursors of ozone.
The CAA establishes a process for air
quality management through the
NAAQS. Before promulgation of the
8-hour standard, the ozone NAAQS was
based on a 1-hour standard. On
November 6, 1991 (56 FR 56693, 56751
and 56813), the St. Louis area was
designated as a moderate nonattainment
area under the 1-hour ozone NAAQS.
Jersey County, Illinois, was not included
as part of the St. Louis area, and was
designated as a marginal nonattainment
area under the 1-hour standard (56 FR
56693 and 56751). The Illinois portion
of the St. Louis area was subsequently
redesignated to attainment of the 1-hour
standard effective May 12, 2003. (See 68
FR 25442, published May 12, 2003.)
Jersey County was redesignated to
attainment of the 1-hour standard
effective April 13, 1995. (See 60 FR
13631, published March 14, 1995.)
These attainment designations were
thus in effect at the time EPA revoked
the 1-hour ozone NAAQS, on June 15,
2005.
On July 18, 1997 (62 FR 38856), EPA
promulgated an 8-hour ozone standard
of 0.08 parts per million parts (ppm). On
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April 30, 2004 (69 FR 23857), EPA
published a final rule designating and
classifying areas under the 8-hour ozone
NAAQS. These designations and
classifications became effective June 15,
2004. EPA designated as nonattainment
any area that was violating the 8-hour
ozone NAAQS based on the three most
recent years of air quality data, 2001–
2003.
The CAA contains two sets of
provisions, subpart 1 and subpart 2, that
address planning and control
requirements for nonattainment areas.
(Both are found in title I, part D, of the
CAA; 42 U.S.C. 7501–7509a and 7511–
7511f, respectively.) Subpart 1 contains
general requirements for nonattainment
areas for any pollutant, including ozone,
governed by a NAAQS. Subpart 2
provides more specific requirements for
ozone nonattainment areas.
Under EPA’s implementation rule for
the 1997 8-hour ozone standard, (69 FR
23951, published April 30, 2004), an
area was classified under subpart 2
based on its 8-hour ozone design value
(i.e. the three-year average annual
fourth-highest daily maximum 8-hour
average ozone concentration), if it had a
1-hour design value at the time of
designation at or above 0.121 ppm (the
lowest 1-hour design value in Table 1 of
subpart 2) (69 FR 23954). All other areas
were covered under subpart 1, based
upon their 8-hour design values (69 FR
23958). The St. Louis area was
designated as a subpart 2, 8-hour ozone
moderate nonattainment area by EPA on
April 30, 2004 (69 FR 23857, 23898, and
23915), based on air quality monitoring
data from 2001–2003 (69 FR 23860).
40 CFR 50.10 and 40 CFR part 50,
appendix I provide that the 8-hour
ozone standard is attained when the
three-year average of the annual fourthhighest daily maximum 8-hour average
ozone concentration is less than or
equal to 0.08 ppm, when rounded. The
data completeness requirement is met
when the average percent of days with
valid ambient monitoring data is greater
than 90%, and no single year has less
than 75% data completeness. See 40
CFR part 50, appendix I, 2.3(d).
IEPA submitted a request to
redesignate the Illinois portion of the St.
Louis area to attainment for the 8-hour
ozone standard on May 26, 2010 and
supplemented the request on September
16, 2011. Complete, quality-assured and
certified data for 2008–2010 indicate
that the 8-hour NAAQS for ozone, as
promulgated in 1997, has been attained
for the St. Louis area. In addition,
available preliminary monitoring data
for 2011 continue to show the area in
attainment of the standard. Under the
CAA, nonattainment areas may be
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redesignated to attainment if sufficient
complete, quality-assured data are
available for the Administrator to
determine that the area has attained the
standard, and the area meets the other
CAA redesignation requirements in
section 107(d)(3)(E).
On March 27, 2008 (73 FR 16436),
EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm. EPA has
not yet designated areas under the 2008
standard. The actions addressed in
today’s proposed rulemaking relate only
to the 1997 8-hour ozone standard.
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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
Implementation Rule?
1. Summary of Court Decision
On December 22, 2006, in South
Coast Air Quality Management Dist. v.
EPA, the U.S. Court of Appeals for the
District of Columbia Circuit vacated
EPA’s Phase 1 Implementation Rule for
the 8-hour Ozone Standard (69 FR
23951, April 30, 2004). 472 F.3d 882
(DC 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 with regard to 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; the 8-hour
ozone attainment dates; and the timing
for emissions reductions needed for
attainment of the 8-hour ozone NAAQS.
The June 8, 2007, decision also left
intact the Court’s rejection of EPA’s
reasons for implementing the 8-hour
standard in certain nonattainment areas
under subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand
EPA’s revocation of the 1-hour 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 improperly failed to retain four
measures required for 1-hour
nonattainment areas under the antibacksliding provisions of the
regulations: (1) Nonattainment area 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
nonattainment areas; (3) measures to be
implemented pursuant to section
172(c)(9) or 182(c)(9) of the CAA, on the
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contingency of an area not making
reasonable further progress toward
attainment of the 1-hour NAAQS, or for
failure to attain that NAAQS; and (4)
certain transportation conformity
requirements for certain types of 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
motor vehicle emissions budgets until 8hour budgets were available for 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 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 or prevent EPA from
proposing or ultimately finalizing this
redesignation. EPA concludes that the
Court’s December 22, 2006, and June 8,
2007, 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
Standard
With respect to the 8-hour standard,
the St. Louis area is classified under
subpart 2. The June 8, 2007, opinion
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.
3. Requirements Under the 1-Hour
Standard
With respect to the 1-hour standard
requirements, the St. Louis area and
Jersey County area were attainment
areas subject to a CAA section 175A
maintenance plan under the 1-hour
standard. The DC Circuit’s decisions
with respect to 1-hour nonattainment
anti-backsliding requirements do not
impact redesignation requests for these
types of areas, except to the extent that
the Court, in its June 8, 2007, decision,
clarified that for those areas with 1-hour
motor vehicle emissions budgets in their
maintenance plans, anti-backsliding
requires that those 1-hour budgets must
be used for 8-hour conformity
determinations until replaced by 8-hour
budgets. All conformity determinations
must comply with the applicable
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requirements of EPA’s conformity
regulations at 40 CFR part 93.
The three other anti-backsliding
provisions for the 1-hour standard that
the Court found were not properly
retained, the nonattainment NSR
requirements, contingency measures
(pursuant to section 172(c)(9) or
182(c)(9)), and penalty fee provisions,
do not apply to the St. Louis area and
Jersey County area because these areas
are attainment areas subject to a
maintenance plan for the 1-hour
standard, and have been redesignated to
attainment for the 1-hour standard.
Thus, the decision in South Coast Air
Quality Management Dist. would not
preclude EPA from finalizing the
redesignation of the St. Louis area.
IV. What are the criteria for
redesignation to attainment?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) allows for redesignation
provided that: (1) The Administrator
determines that the area has attained the
applicable NAAQS; (2) the
Administrator has fully approved the
applicable implementation plan for the
area under section 110(k); (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A; and, (5) the state containing such
area has met all requirements applicable
to the area under section 110 and part
D. Illinois’ request for redesignation of
the Illinois portion of the St. Louis area
is evaluated for each of these
requirements in section V.A. below.
EPA provided guidance on
redesignation 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). EPA has provided further
guidance on processing redesignation
requests in the following documents:
‘‘Ozone and Carbon Monoxide Design
Value Calculations,’’ Memorandum
from William G. Laxton, Director
Technical Support Division, June
18, 1990;
‘‘Maintenance Plans for Redesignation
of Ozone and Carbon Monoxide
Nonattainment Areas,’’
Memorandum from G.T. Helms,
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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;
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, September 4, 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 (TSD’s)
for Redesignation 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, to Air
Division Directors, Regions 1–10,
November 30, 1993.
‘‘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; and
‘‘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.
V. What is EPA’s analysis of the state’s
request?
A. Redesignation
EPA is proposing to determine that
the Illinois portion of the St. Louis area
has met all applicable redesignation
criteria under CAA section 107(d)(3)(E).
The basis for EPA’s proposed approval
of the redesignation request is as
follows:
1. The Area Has Attained the 8-Hour
Ozone NAAQS (Section 107(d)(3)(E)(i))
On June 9, 2011 (76 FR 33647) EPA
made a determination that the St. Louis
area attained the 1997 8-hour ozone
NAAQS based on monitoring data for
the 2008–2010 time period. An area may
be considered to be attaining the 8-hour
ozone NAAQS if there are no violations,
as determined in accordance with 40
CFR 50.10 and part 50, appendix I,
based on three complete, consecutive
calendar years of quality-assured air
quality monitoring data. To attain this
standard, the three-year average of the
fourth-highest daily maximum 8-hour
average ozone concentration measured
at each monitor within an area over
each year must not exceed 0.08 ppm.
Based on the rounding convention
described in 40 CFR part 50, appendix
I, the standard is attained if the design
value 1 is 0.084 ppm or below. The data
must be collected and quality-assured in
accordance with 40 CFR part 58, and
recorded in the EPA’s Air Quality
System (AQS). The monitors generally
should have remained at the same
location for the duration of the
monitoring period required for
demonstrating attainment.
All 2008–2010 monitoring data have
been quality-assured in accordance with
40 CFR 58.10, recorded in the AQS
database, and certified. The data meet
the completeness criteria in 40 CFR part
50, appendix I, which requires a
minimum completeness of 75 percent
annually and 90 percent over each
three-year period. Monitoring data are
presented in Table 1 below. In addition,
available preliminary monitoring data
for 2011 continue to show the area in
attainment of the standard.
TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND THREE YEAR AVERAGES OF 4TH
HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS
County
Monitor
Illinois ............................
Jersey ..........................
St. Clair .......................
Missouri ........................
Jefferson .....................
St. Charles ..................
St. Louis ......................
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2009 4th high
(ppm)
2010 4th high
(ppm)
0.069
0.068
0.072
0.069
0.068
0.070
0.067
0.067
0.074
0.066
0.080
0.074
0.070
0.071
0.072
0.067
0.064
0.069
0.072
0.068
0.070
0.072
0.070
0.073
0.077
0.077
0.072
0.074
0.076
0.071
0.084
0.077
0.069
0.070
0.076
0.071
0.064
0.073
0.064
0.065
0.069
0.071
0.065
0.069
Jerseyville 17–083–
1001.
Alton 17–119–0008 .....
Maryville 17–119–1009
Wood River 17–119–
3007.
East St. Louis 17–163–
0010.
Arnold 29–099–00019
Orchard Farm 29–183–
1004.
West Alton 29–183–
1002.
Maryland Heights 29–
189–0014.
Pacific 29–189–0005 ..
Blair Street 29–510–
0085.
Madison .......................
St. Louis City ...............
1 The design value is the highest three-year
average of the fourth-highest daily maximum 8-hour
average for all monitors within the area.
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2008–2010
average
(ppm)
2008 4th high
(ppm)
State
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As discussed in section V.A.4. below
with respect to the maintenance plan,
IEPA has committed to continue to
operate an EPA-approved monitoring
network as necessary to demonstrate
maintenance of the NAAQS. Should
changes in the location of an ozone
monitor become necessary, IEPA has
committed to work with EPA to ensure
the adequacy of the monitoring network.
Illinois and Missouri remain obligated
to continue to quality assure monitoring
data in accordance with 40 CFR part 58
and enter all data into AQS in
accordance with Federal guidelines.
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2. The Area Has Met All Applicable
Requirements Under Section 110 and
Part D; and the Area Has a Fully
Approved SIP Under Section 110(k)
(Sections 107(d)(3)(E)(v) and
107(d)(3)(E)(ii))
We have determined that Illinois has
met all currently applicable SIP
requirements for purposes of
redesignation for the Illinois portion of
the St. Louis area under section 110 of
the CAA (general SIP requirements). We
have also determined that the Illinois
SIP meets all SIP requirements currently
applicable for purposes of redesignation
under part D of title I of the CAA
(requirements specific to moderate
nonattainment areas), in accordance
with section 107(d)(3)(E)(v). In addition,
with the exception of the
comprehensive emissions inventory and
certain VOC reasonably available
control technology (RACT) regulations,
we have determined that the Illinois SIP
is fully approved with respect to all
applicable requirements for purposes of
redesignation, in accordance with
section 107(d)(3)(E)(ii). As discussed
below, in this action EPA is proposing
to approve IEPA’s 2002 emissions
inventory as meeting the comprehensive
emissions inventory requirement. EPA
is taking action on the Illinois VOC
RACT regulations in a separate rule.
In proposing these determinations, we
have ascertained which SIP
requirements are applicable to the
Illinois portion of the St. Louis area for
purposes of redesignation, and have
determined that there are SIP measures
meeting those requirements and that
these measures have been fully
approved or will be fully approved
under section 110(k) of the CAA by the
time EPA takes final action on the
redesignation request. See discussions
in sections a. and b. below.
In the context of redesignations, EPA
has interpreted requirements related to
attainment as not applicable for
purposes of redesignation. For example,
in the General Preamble EPA stated that:
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[t]he section 172(c)(9) requirements are
directed at ensuring RFP and attainment by
the applicable date. These requirements no
longer apply when an area has attained the
standard and is eligible for redesignation.
Furthermore, section 175A for maintenance
plans * * * provides specific requirements
for contingency measures that effectively
supersede the requirements of section
172(c)(9) for these areas. ‘‘General Preamble
for the Interpretation of Title I of the Clean
Air Act Amendments of 1990,’’ (General
Preamble) 57 FR 13498, 13564 (April 16,
1992).
See also the September 4, 1992,
Calcagni memorandum (‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division,
September 4, 1992) at 6 (‘‘The
requirements for reasonable further
progress and other measures needed for
attainment will not apply for
redesignations because they only have
meaning for areas not attaining the
standard.’’).
a. The Illinois Portion of the St. Louis
Area Has Met All Applicable
Requirements for Purposes of
Redesignation Under Section 110 and
Part D of the CAA
i. Section 110 General SIP requirements
Section 110(a) of title I of the CAA
contains the general requirements for a
SIP. Section 110(a)(2) provides that the
implementation plan submitted by a
state must have been adopted by the
state after reasonable public notice and
hearing, and that, among other things, it
includes enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; provides
for establishment and operation of
appropriate devices, methods, systems
and procedures necessary to monitor
ambient air quality; provides for
implementation of a source permit
program to regulate the modification
and construction of any stationary
source within the areas covered by the
plan; includes provisions for the
implementation of part C, Prevention of
Significant Deterioration (PSD) and part
D, NSR permit programs; includes
criteria for stationary source emission
control measures, monitoring, and
reporting; includes provisions for air
quality modeling; and provides for
public and local agency participation in
planning and emission control rule
development.
Section 110(a)(2)(D) of the CAA
requires that SIPs contain measures to
prevent sources in a state from
significantly contributing to air quality
problems in another state. To
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implement this provision, EPA has
required certain states to establish
programs to address transport of air
pollutants (NOX SIP Call,2 Clean Air
Interstate Rule (CAIR) (70 FR 25162,
May 12, 2005), and Cross-State Air
Pollution Rule (CSAPR) (75 FR 48208,
August 8, 2011), which replaces CAIR).
However, the section 110(a)(2)(D)
requirements for a state are not linked
with a particular nonattainment area’s
designation and classification. EPA
concludes that the requirements linked
with a particular nonattainment area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. The
section 110(a)(2)(D) requirements,
where applicable, continue to apply to
a state regardless of the designation of
any one particular area in the state.
Thus, we conclude that these
requirements should not be construed to
be applicable requirements for purposes
of redesignation.
Further, we conclude that the other
section 110 elements described above
that are not connected with
nonattainment plan submissions and
not linked with an area’s attainment
status are also not applicable
requirements for purposes of
redesignation. A state remains subject to
these requirements after an area is
redesignated to attainment. We
conclude that only the section 110 and
part D requirements which are linked
with a particular area’s designation and
classification are the relevant measures
which we may consider in evaluating a
redesignation request. This approach is
consistent with EPA’s existing policy on
applicability of conformity and
oxygenated fuels 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), (62 FR 24826, May 7,
1997); Cleveland-Akron-Lorain, 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 1-hour
2 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, major cement
kilns, and internal combustion engines. EPA
approved the Illinois rules as fulfilling Phase I of
the NOX SIP Call on June 28, 2001 (66 FR 34382)
and November 21, 2001 (66 FR 56454), and as
meeting Phase II of the NOX SIP Call on June 26,
2009 (74 FR 30466).
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ozone redesignation (65 FR 37890, June
19, 2000), and in the Pittsburgh,
Pennsylvania 1-hour ozone
redesignation (66 FR 50399, October 19,
2001).
We have reviewed the Illinois SIP and
have concluded 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 52.1870). 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 8hour ozone standard. EPA approved
some 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 St. Louis
area. Therefore, EPA concludes that
these infrastructure SIP elements are not
applicable requirements for purposes of
review of the State’s 8-hour ozone
redesignation request.
ii. Part D Requirements
EPA has determined that, if EPA
finalizes the approval of the 2002
comprehensive emissions inventory,
discussed in section V.C. of this
rulemaking, and the VOC RACT
submittal, 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 St. Louis area. Subpart 1 of part D,
found in sections 172–176 of the CAA,
sets forth the basic nonattainment
requirements applicable to all
nonattainment areas. Subpart 2 of part
D, which includes section 182 of the
CAA, establishes additional specific
requirements depending on the area’s
nonattainment classification.
The St. Louis area was classified as a
moderate nonattainment area under
subpart 2, therefore the state must meet
the applicable requirements of both
subpart 1 and subpart 2 of part D. The
applicable subpart 1 requirements are
contained in sections 172(c)(1)–(9) and
in section 176. The applicable subpart 2
requirements are contained in sections
182(a) and (b) (marginal and moderate
nonattainment area requirements).
Subpart 1 Section 172 Requirements.
For purposes of evaluating this
redesignation request, the applicable
section 172 SIP requirements for the St.
Louis area are contained in sections
172(c)(1)–(9). A thorough discussion of
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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 plans
for all nonattainment areas to provide
for the implementation of all reasonably
available control measures as
expeditiously as practicable and to
provide for attainment of the national
primary ambient air quality standards.
EPA interprets this requirement to
impose a duty on all states containing
nonattainment areas to consider all
available control measures and to adopt
and implement such measures as are
reasonably available for implementation
in each area as components of the area’s
attainment demonstration. Because
attainment has been reached in the St.
Louis area, no additional measures are
needed to provide for attainment, and
section 172(c)(1) requirements are no
longer considered to be applicable as
long as the area continues to attain the
standard until redesignation. See 40
CFR 51.918.
The reasonable further progress (RFP)
requirement under section 172(c)(2) is
defined as progress that must be made
toward attainment. This requirement is
not relevant for purposes of
redesignation because the St. Louis area
has monitored attainment of the ozone
NAAQS. (General Preamble, 57 FR
13564). See also 40 CFR 51.918. In
addition, because the St. Louis area has
attained the ozone NAAQS and is no
longer subject to an RFP requirement,
the requirement to submit the section
172(c)(9) contingency measures is not
applicable for purposes of
redesignation. Id.
Section 172(c)(3) requires submission
and 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).
Section 172(c)(4) requires the
identification and quantification of
allowable 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
anywhere in the nonattainment area.
EPA approved the Illinois
nonattainment NSR program 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 will apply after
redesignation, areas being redesignated
need not comply with the requirement
that a part D NSR program be approved
prior to redesignation, provided that the
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area demonstrates maintenance of the
NAAQS without a part D NSR program.
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, entitled, ‘‘Part D New Source
Review Requirements for Areas
Requesting Redesignation to
Attainment.’’ Illinois has demonstrated
that the St. Louis area will be able to
maintain the 1997 8-hour ozone
standard without a part D NSR program
in effect; therefore, EPA concludes that
the State need not have a fully approved
part D NSR program prior to approval of
the redesignation request. The State’s
PSD program will become effective in
the St. Louis area upon redesignation to
attainment. See 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).
Section 172(c)(6) requires the SIP to
contain control measures necessary to
provide for attainment of the standard.
Because attainment has been reached,
no additional measures are needed to
provide for attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above in
section i, we conclude the Illinois SIP
meets the requirements of section
110(a)(2) applicable for purposes of
redesignation.
Subpart 1 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 in the
applicable 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
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
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conformity provisions of the CAA
continues to apply to areas after
redesignation to attainment since such
areas would be subject to a section 175A
maintenance plan. 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 concludes 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 (Dec. 7,
1995) (Tampa, Florida).
EPA approved Illinois’s 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 MVEBs
for the Illinois portion of the St. Louis
area of 17.27 and 5.68 tons per day (tpd)
VOC and 52.57 and 15.22 tpd NOX for
the years 2008 and 2025, respectively.
Illinois must use these MVEBs in any
conformity determination that is
effective on or after the effective date of
the maintenance plan approval.
Subpart 2 Section 182(a) and (b)
Requirements.
Comprehensive Emissions Inventory.
Section 182(a)(1) requires the
submission of a comprehensive
emissions inventory. IEPA submitted a
2002 emissions inventory on June 21,
2006. On September 16, 2011, IEPA
supplemented this inventory with onroad mobile emissions estimates based
on the MOVES model. As discussed
below in section V.C., EPA is proposing
to approve the 2002 inventory as
meeting the section 182(a)(1)
comprehensive emissions inventory
requirement.
Emissions Statements. EPA approved
the Illinois emission statement SIP
required by section 182(a)(3)(B), on
September 9, 1993 (58 FR 47379) and
May 15, 2002 (67 FR 34614).
Reasonable Further Progress and
Attainment Demonstration. On July 2,
2007, IEPA submitted an attainment
demonstration and reasonable further
progress plan for the Illinois portion of
the St. Louis area as required by section
182(b)(1) of the CAA. Because
attainment has been reached, section
182(b)(1) requirements are no longer
considered to be applicable as long as
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the area continues to attain the
standard. If EPA finalizes approval of
the redesignation of the Illinois portion
of the St. Louis area, EPA will take no
further action on the attainment
demonstration submitted by Illinois for
the area.
VOC RACT. Section 182(b)(2) requires
states with moderate 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 issued prior
to November 15, 1990; and, (3) all other
major non-CTG stationary sources. As
required under the 1-hour ozone
standard, Illinois submitted VOC RACT
rules covering the second and third
categories. 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). With respect to the first
category, EPA issued CTGs for five
source categories in September 2006,
three source categories in September
2007, and five additional source
categories in September 2008. Areas
classified as moderate and above were
required to submit VOC RACT for the
source categories covered by these
CTGs, by September 2007, September
2008, and September 2009, respectively.
IEPA submitted a SIP revision to
address these 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 submittal is a prerequisite for
approval of the redesignation of the
Illinois portion of the St. Louis area to
attainment.
NOX RACT. Section 182(f) establishes
NOX requirements for ozone
nonattainment areas. However, it
provides that these requirements do not
apply to an area if the Administrator
determines that NOX reductions would
not contribute to attainment. On
February 22, 2011 (76 FR 9655), EPA
approved a request from IEPA to exempt
sources of NOX in the Illinois portion of
the St Louis area from section 182(f)
NOX RACT requirements. Therefore, the
State of Illinois need not have fully
approved NOX control measures under
section 182(f) for the Illinois portion of
the St. Louis area to be redesignated to
attainment.
Stage II Vapor Recovery. Section
182(b)(3) of the CAA requires states
with moderate nonattainment areas to
submit Stage II vapor recovery rules.
EPA approved Illinois’s Stage II vapor
recovery regulations on January 12,
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79585
1993 (58 FR 3841). Further, section
202(a)(6) of the CAA provides that Stage
II vapor recovery regulations are not
required if EPA promulgates on-board
vapor recovery regulations for vehicles.
EPA promulgated such regulations on
April 6, 1994 (59 FR 16262), which
became effective on May 6, 1994.
Therefore, pursuant to section 202(a)(6)
of the CAA, Stage II regulations are no
longer required in the area. EPA
approved the removal of Stage II vapor
recovery regulations from the Illinois
SIP on December 16, 1994 (59 FR
64853).
Vehicle Inspection and Maintenance
(I/M). Section 182(b)(4) and EPA’s final
I/M regulations in 40 CFR part 85
require the States to submit a fully
adopted I/M program. EPA approved the
Illinois enhanced I/M program on
February 22, 1999 (64 FR 8517).
Thus, as discussed above, with
approval of the comprehensive
emissions inventory and the Illinois
VOC RACT submittal, the Illinois
portion of the St. Louis area will satisfy
the requirements applicable for
purposes of redesignation under section
110 and part D of the CAA.
b. The Illinois Portion of the St. Louis
Area Has a Fully Approved Applicable
SIP Under Section 110(k) of the CAA
If EPA issues a final approval of the
comprehensive emissions inventory and
the Illinois VOC RACT submittal, EPA
will have fully approved the State’s SIP
for the Illinois portion of the St. Louis
area under section 110(k) of the CAA for
all requirements applicable for purposes
of redesignation. EPA may rely on prior
SIP approvals in approving 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
25413, 25426 (May 12, 2003). Since the
passage of the CAA of 1970, Illinois has
adopted and submitted, and EPA has
fully approved, provisions addressing
various required SIP elements under the
1-hour ozone standard. In this action,
EPA is proposing to approve the
comprehensive 2002 emissions
inventory for the Illinois portion of the
St. Louis area as meeting the
requirement of section 182(a)(1) of the
CAA. In a separate rule, EPA will take
action on the Illinois VOC RACT
submission. No SIP provisions for the
Illinois portion of the St. Louis area are
currently disapproved, conditionally
approved, or partially approved.
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3. The Improvement in Air Quality Is
Due to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution
Control Regulations and Other
Permanent and Enforceable Reductions
(Section 107(d)(3)(E)(iii))
EPA finds that Illinois has
demonstrated that the observed air
quality improvement in the St. Louis
area is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
SIP, Federal measures, and other stateadopted measures discussed below.
In making this demonstration, IEPA
has calculated the change in emissions
between 2002 and 2008. For the
nonattainment inventory, Illinois is
using the 2002 emissions inventory
developed to meet the comprehensive
emissions inventory requirement of
section 182(a)(1) of the CAA. Illinois
developed an attainment inventory for
2008, one of the years the St. Louis area
monitored attainment of the standard.
The reduction in emissions and the
corresponding improvement in air
quality over this time period can be
attributed to a number of regulatory
control measures that St. Louis and
upwind areas have implemented in
recent years.
jlentini on DSK4TPTVN1PROD with PROPOSALS
a. Permanent and Enforceable Controls
Implemented
The following is a discussion of
permanent and enforceable measures
that have been implemented in the area:
i. Stationary Source NOX Rules
IEPA has developed rules governing
the control of NOX emissions from
Electric Generating Units (EGUs), major
non-EGU industrial boilers, major
cement kilns, and internal combustion
engines. EPA approved the Illinois rules
as fulfilling Phase I of the NOX SIP Call
on June 28, 2001 (66 FR 34382) and
November 21, 2001 (66 FR 56454), and
as meeting Phase II of the NOX SIP Call
on June 26, 2009 (74 FR 30466). Illinois
began complying with Phase I of this
rule in 2004. Compliance with Phase II
of the SIP Call requires the control of
NOX emissions from large stationary
internal combustion engines.
Implementation of Phase II began in
2007 and was projected to result in an
82 percent NOX reduction from 1995
levels.
ii. Consumer Products and Architectural
and Industrial Maintenance Coatings
(AIM) Rules
Illinois adopted consumer products
and AIM rules on May 7, 2009.
Compliance with these rules was
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required by July 1, 2009. EPA is acting
on these rules in a separate rulemaking.
iii. Reformulated Gasoline (RFG)
Illinois requested that EPA extend the
requirement for sale of RFG to Jersey,
Madison, Monroe, and St. Clair
counties. EPA granted this request on
April 24, 2007, with compliance
required by July 1, 2007.
iv. Consent Decrees—Dynegy Midwest
Generation and ConocoPhillips
Dynegy Midwest Generation and
ConocoPhillips entered separate
settlement agreements with EPA in
2005. The settlement reached with
Dynegy Midwest Generation for alleged
violations at the Baldwin Generating
Station included the requirements to
‘‘commence operation of the SCRs
installed at Baldwin Unit 1, Unit 2
* * * so as to achieve and maintain a
30-day rolling average emission rate
from each such unit of not greater than
0.100 lb/mmbtu NOX’’ and ‘‘maintain a
30-day rolling average emission rate of
not greater than 0.120 lb/mmbtu NOX at
Baldwin Unit 3.’’ Low NOX burners and
overfire air technology are required on
Dynegy Midwest Generation’s Wood
River Units #4 and #5. At the Dynegy
Midwest Generation’s Baldwin
Generating station, ozone season
emissions were reduced from 13,204
tons in 2001 to 1,696 tons in 2009. The
ConocoPhillips settlement provided for
near-term installation of low-NOX
burners and ultra low-NOX burners on
combustion units at its ‘‘Distilling
West’’ operations. Other NOX emission
reduction requirements are set forth in
the consent decree, as are provisions for
carbon monoxide (CO), sulfur dioxide
(SO2), and particulate matter reductions.
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. Some of these emission
reductions occurred by the attainment
years (2007–2009) and additional
emission reductions will occur
throughout the maintenance period.
Heavy-Duty Diesel Engine Rule. EPA
issued this rule in July 2000. 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 busses.
Non-Road Diesel Rule. EPA issued
this rule in 2004. This rule 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 nonroad diesel engines by up to 90 percent.
Some of these emission reductions
occurred by the attainment years (2007–
2009) and additional emission
reductions will occur throughout the
maintenance period.
New Source Performance Standards
(NSPS), National Emissions Standards
for Hazardous Air Pollutants
(NESHAPS) and Maximum Achievable
Control Technology Standards (MACT).
A broad range of emission sectors are
subject to Federal NSPS, NESHAP, and
MACT standards with compliance
requirements which take effect post2002 and prior to 2009.
vi. Control Measures in Upwind Areas
On October 27, 1998 (63 FR 57356),
v. Federal Emission Control Measures
EPA issued a NOX SIP Call requiring the
Reductions in VOC and NOX
District of Columbia and 22 states
emissions have occurred statewide and
(including Illinois) to reduce emissions
in upwind areas as a result of Federal
of NOX. Affected states were required to
emission control measures, with
comply with Phase I of the SIP Call
additional emission reductions expected beginning in 2004, and Phase II
to occur in the future. Federal emission
beginning in 2007. The reduction in
control measures include the following. NOX emissions has resulted in lower
Tier 2 Emission Standards for
concentrations of transported ozone
Vehicles and Gasoline Sulfur Standards. entering the St. Louis area. Emission
These emission control requirements
reductions resulting from regulations
result in lower VOC and NOX emissions developed in response to the NOX SIP
from new cars and light duty trucks,
Call are permanent and enforceable.
including sport utility vehicles. The
b. Emission Reductions
Federal rules were phased in between
2004 and 2009. The EPA has estimated
Illinois is using the 2002
that, by the end of the phase-in period,
comprehensive emissions inventory
the following vehicle NOx emission
developed to meet the requirement of
reductions will occur nationwide:
section 182(a)(1) of the CAA as the
passenger cars (light duty vehicles) (77
nonattainment inventory. This
percent); light duty trucks, minivans,
inventory is discussed in more detail in
and sports utility vehicles (86 percent);
section V.C., below. In summary, IEPA
and, larger sports utility vehicles, vans,
developed the point source inventory
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Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Proposed Rules
using source reported actual 2002
emissions data from annual emissions
reports. The area source inventory was
developed using various methodologies
to estimate area source activity levels
and emissions including applying local
activity levels, apportioning national or
statewide activity levels to the local
level, using per capita emission factors,
using per employee emission factors,
and using data from inventories
complied by others. The documentation
supplied in the submittal shows how
the county-specific emissions were
calculated for each area source category.
Non-road mobile source emissions were
generated using the NONROAD model
version 2.20a. In addition, emissions
estimates were developed for
commercial marine vessels, aircraft, and
railroads, three non-road categories not
included in the NONROAD model. Onroad mobile emissions were prepared by
the IEPA using the MOVES emissions
model and daily vehicle miles traveled
(VMT) data provided by the Illinois
Department of Transportation (IDOT).
Illinois prepared a comprehensive
2008 emissions inventory to use as the
attainment year inventory. Point source
information was compiled from the
2008 annual emissions reports
submitted to IEPA by sources and EPA’s
Clean Air Markets Division database for
electric utilities. Area source emissions
were calculated using the most recently
available methodologies and emissions
factors from EPA along with activity
79587
data (population, employment, fuel use,
etc.) specific to 2008. Non-road mobile
source emissions were calculated using
EPA’s NONROAD emissions model. In
addition, emissions estimates were
calculated for commercial marine
vessels, aircraft, and railroads, three
non-road categories not included in the
NONROAD model. On-road mobile
source emissions were calculated using
EPA’s MOVES emissions model with
2008 VMT data provided by IDOT.
Using the inventories described
above, as well as emissions inventories
provided by Missouri, Illinois has
documented changes in VOC and NOX
emissions from 2002 to 2008 for the St.
Louis area. Emissions data are shown in
Tables 2 through 5 below.
TABLE 2—ST. LOUIS AREA VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 2002
[tpd]
VOC
Illinois
NOX
Missouri
Area total
Illinois
Missouri
Area total
Point .........................................................
Area ..........................................................
On-road ....................................................
Non-road ..................................................
17.41
29.86
25.90
12.04
32.70
71.30
79.57
47.00
50.11
101.16
105.47
59.04
53.24
1.40
76.82
36.79
127.20
19.40
226.03
60.70
180.44
20.80
302.85
97.49
Total ..................................................
85.21
230.57
315.78
168.25
433.33
601.58
TABLE 3—ST. LOUIS AREA VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2008
[tpd]
VOC
Illinois
NOX
Missouri
Area total
Illinois
Missouri
Area total
Point .........................................................
Area ..........................................................
On-road ....................................................
Non-road ..................................................
11.92
23.21
17.27
12.66
18.00
98.70
58.50
46.40
29.92
121.91
75.77
59.06
39.86
1.50
52.57
39.25
88.80
6.50
160.40
60.90
128.66
8.00
212.97
100.15
Total ..................................................
65.06
221.60
286.66
133.18
316.60
449.78
TABLE 4—COMPARISON OF 2002 AND 2008 VOC AND NOX EMISSIONS FOR THE ILLINOIS PORTION OF THE ST. LOUIS
AREA
[tpd]
VOC
2002
NOX
Net change
(2002–2008)
2008
2002
2008
Net change
(2002–2008)
jlentini on DSK4TPTVN1PROD with PROPOSALS
Point .........................................................
Area ..........................................................
On-road ....................................................
Non-road ..................................................
17.41
29.86
25.90
12.04
11.92
23.21
17.27
12.66
¥5.49
¥6.65
¥8.63
0.62
53.24
1.40
76.82
36.79
39.86
1.50
52.57
39.25
-13.38
0.10
¥24.25
2.46
Total ..................................................
85.21
65.06
¥20.15
168.25
133.18
-35.07
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Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Proposed Rules
TABLE 5—COMPARISON OF 2002 AND 2008 VOC AND NOX EMISSIONS FOR THE ENTIRE ST. LOUIS AREA
[tpd]
VOC
2002
NOX
Net change
(2002–2008)
2008
2002
2008
Net change
(2002–2008)
Point .........................................................
Area ..........................................................
On-road ....................................................
Non-road ..................................................
50.11
101.16
105.47
59.04
29.92
121.91
75.77
59.06
¥20.19
20.75
¥29.70
0.02
180.44
20.80
302.85
97.49
128.66
8.00
212.97
100.15
¥51.78
¥12.80
¥89.88
2.66
Total ..................................................
315.78
286.66
¥29.12
601.58
449.78
¥151.80
Table 4 shows that the Illinois portion
of the St. Louis area reduced VOC
emissions by 20.15 tpd and NOX
emissions by 35.07 tpd between 2002
and 2008. As shown in Table 5, the
entire St. Louis area reduced VOC
emissions by 29.12 tpd and NOX
emissions by 151.80 tpd between 2002
and 2008. Based on the information
summarized above, Illinois has
adequately demonstrated that the
improvement in air quality is due to
permanent and enforceable emissions
reductions.
4. The Area Has a Fully Approved
Maintenance Plan Pursuant to Section
175A of the CAA. (Section
107(d)(3)(E)(iv))
In conjunction with its request to
redesignate the Illinois portion of the St.
Louis nonattainment area to attainment
status, IEPA submitted a SIP revision to
provide for maintenance of the 1997 8hour ozone NAAQS in the area through
2025.
a. 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 plan must
demonstrate continued attainment of
the applicable NAAQS for at least ten
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 will
continue to be maintained for ten years
following the initial ten-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 8-hour ozone violations.
The September 4, 1992, John Calcagni
memorandum provides additional
guidance on the content of a
maintenance plan. The memorandum
clarifies that an ozone maintenance plan
should address the following items: The
attainment VOC and NOX emissions
inventories, a maintenance
demonstration showing maintenance for
the ten years of the maintenance period,
a commitment to maintain the existing
monitoring network, factors and
procedures to be used for verification of
continued attainment of the NAAQS,
and a contingency plan to prevent or
correct future violations of the NAAQS.
b. Attainment Inventory
IEPA developed an emissions
inventory for 2008, one of the years
used to demonstrate monitored
attainment of the 8-hour NAAQS, as
described above. The attainment level of
emissions is summarized in Table 3,
above.
c. Demonstration of Maintenance
Along with the redesignation request,
IEPA submitted a revision to the Illinois
8-hour ozone SIP that includes a
maintenance plan for the Illinois
portion of the St. Louis area, in
compliance with section 175A of the
CAA. This demonstration shows
maintenance of the 1997 8-hour ozone
standard through 2025 by showing that
current and future emissions of VOC
and NOX for the St. Louis area remain
at or below attainment year emission
levels. A maintenance demonstration
need not be based on modeling. See
Wall v. EPA, 265 F.3d 426 (6th Cir.
2001), Sierra Club v. EPA, 375 F. 3d 537
(7th Cir. 2004). See also 66 FR 53094,
53099–53100 (October 19, 2001), 68 FR
25413, 25430–25432 (May 12, 2003).
Illinois is using emissions inventory
projections for the years 2015, 2020 and
2025 to demonstrate maintenance. Point
and area source emissions for 2015,
2020 and 2025 were estimated using the
2008 attainment inventory and growth
factors appropriate for each source
category. Non-road emissions
projections were developed using the
growth factors contained in EPA’s
NONROAD model. On-road motor
vehicle emissions were estimated using
the EPA’s MOVES motor vehicle
emissions model.
As discussed in section V.a.3.a.v.
(Permanent and Enforceable Controls
Implemented) above, many of the
control programs that helped to bring
the area into attainment of the standard
will continue to achieve additional
emission reductions over the
maintenance period. These control
programs include Tier 2 emission
standards for vehicles and gasoline
sulfur standards, the heavy-duty diesel
engine rule, and the non-road diesel
rule. Emissions data are shown in
Tables 6–10, below.
TABLE 6—ST. LOUIS AREA PROJECTED VOC AND NOX EMISSIONS FOR INTERIM YEAR 2015
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[tpd]
VOC
Illinois
Point .........................................................
Area ..........................................................
On-road ....................................................
Non-road ..................................................
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13.70
23.76
9.11
9.27
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NOX
Missouri
Area total
21.73
109.52
33.98
37.33
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Illinois
35.43
133.28
43.09
46.60
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31.86
1.55
27.85
36.41
22DEP1
Missouri
86.37
6.64
83.79
52.61
Area total
118.23
8.19
111.64
89.02
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TABLE 6—ST. LOUIS AREA PROJECTED VOC AND NOX EMISSIONS FOR INTERIM YEAR 2015—Continued
[tpd]
VOC
Illinois
Total ..................................................
NOX
Missouri
55.84
Area total
202.56
Illinois
258.40
Missouri
97.67
Area total
229.41
327.08
TABLE 7—ST. LOUIS AREA PROJECTED VOC AND NOX EMISSIONS FOR INTERIM YEAR 2020
[tpd]
VOC
Illinois
NOX
Missouri
Area total
Illinois
Missouri
Area total
Point .........................................................
Area ..........................................................
On-road ....................................................
Non-road ..................................................
14.73
25.04
4.99
7.73
24.59
117.75
23.51
30.81
39.32
142.79
28.50
38.54
30.71
1.56
16.32
33.56
86.63
6.73
51.51
46.72
117.34
8.29
67.83
80.28
Total ..................................................
52.49
196.66
249.15
82.15
191.59
273.74
TABLE 8—ST. LOUIS AREA VOC AND NOX EMISSIONS FOR MAINTENANCE YEAR 2025
[tpd]
VOC
Illinois
NOX
Missouri
Area total
Illinois
Missouri
Area total
Point .........................................................
Area ..........................................................
On-road ....................................................
Non-road ..................................................
15.78
26.32
5.68
7.31
27.59
126.34
17.74
24.30
43.37
152.66
23.42
31.61
32.12
1.58
15.22
32.33
88.24
6.82
34.17
40.84
120.36
8.40
49.39
73.17
Total ..................................................
55.09
195.97
251.06
81.25
170.07
251.32
TABLE 9—COMPARISON OF 2008, 2015, 2020 AND 2025 VOC AND NOX EMISSIONS FOR THE ILLINOIS PORTION OF THE
ST. LOUIS AREA
[tpd]
VOC
2008
2015
2020
NOX
Net
change
(2008–
2025)
2025
2008
2015
2020
2025
Net
change
(2008–
2025)
Point .........................
Area ..........................
On-road ....................
Non-road ..................
11.92
23.21
17.27
12.66
13.70
23.76
9.11
9.27
14.73
25.04
4.99
7.73
15.78
26.32
5.68
7.31
3.86
3.11
¥11.59
¥5.35
39.86
1.50
52.57
39.25
31.86
1.55
27.85
36.41
30.71
1.56
16.32
33.56
32.12
1.58
15.22
32.33
¥7.74
0.08
¥37.35
¥6.92
Total ..................
65.06
55.84
52.49
55.09
¥9.97
133.18
97.67
82.15
81.25
¥51.93
TABLE 10—COMPARISON OF 2008, 2015, 2020, AND 2025 VOC AND NOX EMISSIONS FOR THE ENTIRE ST. LOUIS AREA
[tpd]
VOC
NOX
jlentini on DSK4TPTVN1PROD with PROPOSALS
2008
2015
2020
2025
Point .........................
Area ..........................
On-road ....................
Non-road ..................
29.92
121.91
75.77
59.06
35.43
133.28
43.09
46.60
39.32
142.79
28.50
38.54
43.37
152.66
23.42
31.61
Total ..................
286.66
258.40
249.15
251.06
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Net
change
(2008–
2025)
2008
2013
2020
2025
Net
change
(2008–
2025)
13.45
30.75
¥52.35
¥27.45
128.66
8.00
212.97
100.15
118.23
8.19
111.64
89.02
117.34
8.29
67.83
80.28
120.36
8.40
49.39
73.17
¥8.30
0.40
¥163.58
¥26.98
¥35.60
449.78
327.08
273.74
251.32
¥198.46
Sfmt 4702
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Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Proposed Rules
The emission projections show that
Illinois and Missouri do not expect
emissions in the St. Louis area to exceed
the level of the 2008 attainment year
inventory during the maintenance
period. As shown in Table 9, VOC and
NOX emissions in the Illinois portion of
the St. Louis area are projected to
decrease by 9.97 tpd and 51.93 tpd,
respectively, between 2008 and 2025.
As shown in Table 10, VOC and NOX
emissions in the entire St. Louis area are
projected to decrease by 35.60 tpd and
198.46 tpd, respectively, between 2008
and 2025.
Because the St. Louis area is affected
by the transport of ozone and its
precursors, the reduction of NOX
emissions in upwind areas will help to
ensure that the area will maintain the
1997 8-hour ozone standard in the
future. On August 8, 2011, at 76 FR
48208, EPA promulgated the CSAPR to
address interstate transport of
emissions. The CSAPR requires
substantial reductions of NOX emissions
from EGUs across most of Eastern
United States, with implementation
beginning on January 1, 2012. Compared
to 2005 emissions, EPA estimates that
by 2014 this rule and other Federal rules
will lower NOX ozone season emissions
from power plants by 340,000 tons.
Further, ozone modeling performed
by the Lake Michigan Air Directors
Consortium supports the conclusion
that the St. Louis area will maintain the
1997 8-hour ozone standard throughout
the maintenance period. Peak modeled
ozone levels in the area for 2012 and
2018 are 0.084 ppm, and 0.080 ppm,
respectively. These projected ozone
levels were modeled applying only
legally enforceable controls; e.g.,
consent decrees, rules, the NOX SIP
Call, Federal motor vehicle control
programs, etc. The modeling runs did
not include emission reductions for
implementation of the CSAPR. With the
implementation of the CSAPR, actual
2018 ozone levels would be expected to
be lower.
As part of its maintenance plan,
Illinois elected to include a ‘‘safety
margin’’ for the area. A ‘‘safety margin’’
is the difference between the attainment
level of emissions (from all sources) and
the projected level of emissions (from
all sources) in the maintenance plan
which continues to demonstrate
attainment of the standard. The
attainment level of emissions is the
level of emissions during one of the
years in which the area met the NAAQS.
The St. Louis area attained the 1997 8hour ozone NAAQS during the 2007–
2009 time period. Illinois used 2008 as
the attainment level of emissions for the
area. For the Illinois portion of the St.
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Louis area, the emissions from point,
area, non-road, and mobile sources in
2008 equaled 65.06 tpd of VOC. In the
maintenance plan, IEPA projected VOC
emissions for the year 2025 to be 55.09
tpd of VOC. The SIP submissions
demonstrate that the St. Louis area will
continue to maintain the standard with
emissions at this level. The safety
margin for VOC is calculated to be the
difference between these amounts or, in
this case, 9.97 tpd of VOC for 2025. By
this same method, 51.93 tpd (i.e., 133.18
tpd less 81.25 tpd) is the safety margin
for NOX for 2025. The safety margin, or
a portion thereof, can be allocated to
any of the source categories, as long as
the total attainment level of emissions is
maintained.
d. Monitoring Network
Illinois currently operates five ozone
monitors and Missouri operates six
monitors in the St. Louis area. In its
redesignation request, IEPA has
committed to continue to monitor ozone
levels according to an EPA approved
monitoring plan. Should changes in the
location of an ozone monitor become
necessary, IEPA commits to work with
EPA to ensure the adequacy of the
monitoring network. Illinois remains
obligated to continue to quality assure
monitoring data in accordance with 40
CFR part 58 and enter all data into the
AQS in accordance with Federal
guidelines.
e. Verification of Continued Attainment.
Continued attainment of the ozone
NAAQS in the St. Louis area depends,
in part, on the State’s efforts toward
tracking indicators of continued
attainment during the maintenance
period. IEPA’s plan for verifying
continued attainment of the 8-hour
standard in the St. Louis area consists
of plans to continue ambient ozone
monitoring in accordance with the
requirements of 40 CFR part 58. In
addition IEPA commits to compiling
VOC and NOX emissions inventories
every three years to facilitate emissions
trends analyses. The State is required to
develop and submit periodic emission
inventories as specified in the Federal
Consolidated Emissions Reporting Rule
(67 FR 39602, June 10, 2002).
f. Contingency Plan
The contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to assure that the
state will promptly correct a violation of
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the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the 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 the pollutant(s) that
were contained in the SIP before
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 for the St. Louis area to address
possible future ozone air quality
problems. The contingency plan
adopted by Illinois has two levels of
response, Level I and Level II.
A Level I response will be triggered in
the event that: (1) The fourth highest 8hour ozone concentration at any
monitoring site in the St. Louis area
exceeds 84 parts per billion (ppb) in any
year, or (2) if VOC or NOX emissions
increase more than 5% above the levels
contained in the attainment year
emissions inventory. IEPA will work
with the Missouri Department of
Natural Resources to evaluate the causes
of high ozone levels or the emissions
trends and to determine appropriate
control measures needed to ensure
continued attainment of the ozone
standard. Control measures selected
under a Level I trigger will be adopted
within 18 months after a determination
is made and implemented within
24 months of adoption.
A Level II response will be triggered
in the event that a violation of the 8hour standard is monitored within the
St. Louis area. To select appropriate
corrective measures, IEPA will work
with Missouri to conduct a
comprehensive study to determine the
causes of the violation and the control
measures necessary to mitigate the
problem. Implementation of necessary
controls in response to a Level II trigger
will take place as expeditiously as
possible, but in no event later than
18 months after IEPA makes a
determination, based on quality-assured
ambient monitoring data, that a
violation of the NAAQS has occurred.
IEPA included the following list of
potential contingency measures in its
maintenance plan:
i. Multi-Pollutant Program for electric
generating units;
ii. NOX RACT;
iii. Clean Air Transport Rule;
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Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Proposed Rules
iv. Best Available Retrofit
Technology;
v. Broader geographic applicability of
existing measures;
vi. Tier 2 Vehicle Standards and Low
Sulfur Fuel;
vii. Heavy Duty Diesel Standards and
Low Sulfur Diesel Fuel;
viii. High-enhanced I/M;
ix. Federal railroad/locomotive
standards;
x. Federal commercial marine vessel
engine standards;
xi. Portable fuel containers;
xii. Architectural/Industrial
Maintenance (AIM) Coatings rule;
xiii. Commercial and Consumer
Products rule; and
xiv. Aerosol coatings rule.
To qualify as a contingency measure,
emissions reductions from that measure
must not be factored into the emissions
projections used in the maintenance
plan.
jlentini on DSK4TPTVN1PROD with PROPOSALS
g. Provisions for Future Updates of the
Ozone Maintenance Plan
As required by section 175A(b) of the
CAA, IEPA commits to submit to the
EPA an updated ozone maintenance
plan eight years after redesignation of
the St. Louis area to cover an additional
ten-year period beyond the initial tenyear maintenance period. As required
by section 175A of the CAA, Illinois has
committed to retain the VOC and NOX
control measures contained in the SIP
prior to redesignation. Illinois also
states that any revision to the control
measures included as part of the
maintenance plan will be submitted to
EPA for approval as a SIP revision, and
will be accompanied by a showing that
such changes will not interfere with
maintenance of the NAAQS.
EPA has concluded that the
maintenance plan adequately addresses
the five basic components of a
maintenance plan: attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. Thus EPA proposes to
find that the maintenance plan SIP
revision submitted by Illinois for the St.
Louis area meets the requirements of
section 175A of the CAA.
B. Adequacy of the MVEBs
Under the CAA, states are required to
submit, at various times, control strategy
SIP revisions and ozone maintenance
plans for ozone nonattainment areas and
for areas seeking redesignations to
attainment of the ozone standard. These
emission control strategy SIP revisions
(e.g., RFP and attainment demonstration
SIP revisions) and ozone maintenance
plans create MVEBs based on on-road
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mobile source emissions for criteria
pollutants and/or their precursors to
address pollution from cars and trucks.
The MVEBs are the portions of the total
allowable emissions that are allocated to
highway and transit vehicle use that,
together with emissions from other
sources in the area, will provide for
attainment or maintenance.
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. The
MVEB serves as a ceiling on emissions
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).
Under section 176(c) of the CAA,
transportation plans and transportation
improvement programs (TIPs) 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, delay
timely attainment of the NAAQS or
delay an interim milestone. If a
transportation plan or TIP 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 and 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) EPA’s finding
of adequacy. The process of determining
the adequacy of submitted SIP MVEBs
is codified at 40 CFR 93.118.
The maintenance plan submitted by
Illinois for the St. Louis area contains
new VOC and NOX MVEBs for the
Illinois portion of the area for the years
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79591
2008 and 2025. The availability of the
SIP submission with these 2008 and
2025 MVEBs was announced for public
comment on EPA’s Adequacy Web site
on September 26, 2011, at: https://
www.epa.gov/otaq/stateresources/
transconf/currsips.htm. The EPA public
comment period on adequacy of the
2008 and 2025 MVEBs for the Illinois
portion of the St. Louis area closed on
October 26, 2011. No comments on the
submittal were received during the
adequacy comment period. The
submitted maintenance plan, which
included the MVEBs, was endorsed by
the Governor (or his or her designee)
and was subject to a State public
hearing. The MVEBs were developed as
part of an interagency consultation
process which includes Federal, State,
and local agencies. The MVEBs were
clearly identified and precisely
quantified. These MVEBs, when
considered together with all other
emissions sources, are consistent with
maintenance of the 1997 8-hour ozone
standard.
EPA, through this rulemaking, has
found adequate and is proposing to
approve the MVEBs for use to determine
transportation conformity in the Illinois
portion of the St. Louis area because
EPA has determined that the area can
maintain attainment of the 1997 8-hour
ozone NAAQS for the relevant
maintenance period with mobile source
emissions at the levels of the MVEBs.
IEPA has determined the 2008 MVEBs
for the Illinois portion of the St. Louis
area to be 17.27 tpd for VOC and 52.57
tpd for NOX. IEPA has determined the
2025 MVEBs for the Illinois portion of
the St. Louis area to be 5.68 tpd for VOC
and 15.22 tpd for NOX. These MVEBs
are consistent with the on-road mobile
source VOC and NOX emissions for
2008 and 2025, as summarized in Table
8 above. Illinois has demonstrated that
the St. Louis area can maintain the 1997
8-hour ozone NAAQS with mobile
source emissions in the Illinois portion
of the area of 16.53 tpd and 7.70 tpd of
VOC and 30.84 tpd and 10.34 tpd of
NOX in 2008 and 2025, respectively,
since emissions will remain under
attainment year emission levels.
Because the MVEBs are based on the
MOVES model, the grace period before
MOVES is required for new conformity
determinations for the Illinois portion of
the St. Louis area ends on the effective
date of this approval. See Question 11
of the Policy Guidance on the Use of
MOVES2010 for SIP Development
(https://epa.gov/otaq/models/moves/
420b09046.pdf).
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C. 2002 Comprehensive Emissions
Inventory
As discussed above, section 182(a)(1)
of the CAA requires states with ozone
nonattainment areas to submit
comprehensive, accurate and current
inventories of actual emissions from all
sources in the nonattainment area. On
June 21, 2006, IEPA submitted a 2002
emissions inventory to meet this
requirement. On September 16, 2011,
IEPA supplemented this submittal by
replacing on-road emissions estimates
derived using the MOBILE6 model with
on-road emissions estimates derived
using EPA’s MOVES model. Emissions
contained in the comprehensive 2002
inventory 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
inventory using source reported actual
2002 emissions data from annual
emissions reports. Where necessary, the
emissions were adjusted for a typical
summer day at each emission unit
within the source. The annual emissions
reports provided ozone season hourly
emissions and operating schedules that
enabled the calculation of ozone season
weekday emissions.
Illinois used several methodologies to
estimate area source activity levels and
emissions including applying local
activity levels, apportioning national or
statewide activity levels to the local
level, using per capita emission factors,
using per employee emission factors,
and using data from inventories
complied by others. Sources used by
IEPA to determine activity/commodity
level data and emission information
include: EPA’s AP–42, EPA’s FIRE
emission factor database, data from
Federal and state agencies including
EPA, the U.S. Department of Energy, the
U.S. Bureau of Labor Statistics, IDOT,
the Illinois Bureau of the Budget, the
Illinois Department of Conservation, the
Illinois Secretary of State, the Illinois
Department of Revenue, and the Illinois
Department of Agriculture. The
documentation supplied in the
submittal shows how the countyspecific emissions were calculated for
each area source category.
Non-road mobile source emissions
were generated using the NONROAD
model version 2.20a. In addition,
emissions estimates were developed for
commercial marine vessels, aircraft, and
railroads, three non-road categories not
included in the NONROAD model.
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On-road mobile emissions were
prepared by IEPA using EPA’s MVOES
emissions model and daily VMT data
provided by IDOT.
IEPA’s submittal documents 2002
emissions in the Illinois portion of the
St. Louis area in units of tons per
summer day. The 2002 summer day
emissions of VOC and NOX are
summarized in Table 2, above. EPA is
proposing to approve this 2002
inventory as meeting the section
182(a)(1) comprehensive emissions
inventory requirement.
VI. Summary of Actions
After evaluating the redesignation
request submitted by Illinois, EPA
concludes that the request meets the
redesignation criteria set forth in section
107(d)(3)(E) of the CAA. Therefore, EPA
is proposing to approve the
redesignation of the Illinois portion of
the St. Louis area from nonattainment to
attainment for the 1997 8-hour ozone
NAAQS. EPA is also proposing to
approve the maintenance plan SIP
revision for the Illinois portion of the St.
Louis area. EPA’s proposed approval of
the maintenance plan is based on the
State’s demonstration that the plan
meets the requirements of section 175A
of the CAA, as described more fully
above. EPA is also proposing to approve
IEPA’s 2002 comprehensive emissions
inventory for the Illinois portion of the
St. Louis area as meeting the
requirements of section 182(a)(1) of the
CAA. Finally, EPA finds adequate under
40 CFR 93.118(e) and is proposing to
approve the State’s 2008 and 2025
MVEBs for the Illinois portion of the St.
Louis area.
VII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, 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, these actions do
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Sfmt 4702
not impose additional requirements
beyond those imposed by state law and
the CAA. For that reason, these actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are 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
• Do 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
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
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Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Proposed Rules
40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
Dated: December 14, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011–32828 Filed 12–21–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2011–0468; FRL–9610–4]
Approval, and Promulgation of Air
Quality Implementation Plans; Ohio;
Redesignation of the Ohio Portion of
the Huntington-Ashland Area to
Attainment of the 1997 Annual
Standard for Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On May 4, 2011, the Ohio
Environmental Protection Agency
submitted a request for EPA to approve
the redesignation of the Ohio portion of
the Huntington-Ashland (OH-KY-WV)
nonattainment area to attainment of the
1997 annual standard for fine
particulate matter (PM2.5). EPA is
proposing to approve Ohio’s request.
EPA is proposing to approve several
additional related actions. EPA is
proposing to determine that the entire
Huntington-Ashland (OH-KY-WV) area
continues to attain the 1997 annual
PM2.5 standard. EPA is proposing to
approve, as revisions to the Ohio State
Implementation Plan (SIP), the state’s
plan for maintaining the 1997 annual
PM2.5 NAAQS through 2022 in the area.
EPA is proposing to approve the 2005
emissions inventory for the Ohio
portion of the Huntington-Ashland area
as meeting the comprehensive
emissions inventory requirement of the
Clean Air Act (CAA or Act). Ohio’s
maintenance plan submission includes
an insignificance finding for the mobile
source contribution of PM2.5 and
nitrogen oxides (NOX) to Ohio’s portion
of the Huntington-Ashland PM2.5 Area
for transportation conformity purposes.
EPA agrees with this finding. These
proposed actions are being taken in
accordance with the CAA and EPA’s
implementation regulation regarding the
1997 p.m.2.5 NAAQS.
DATES: Comments must be received on
or before January 23, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
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SUMMARY:
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OAR–2011–0468, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section (AR–
18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office 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–2011–
0468. 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 email. 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 email comment directly
to EPA without going through https://
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 or
viruses. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
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79593
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 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 Carolyn
Persoon, Environmental Engineer, at
(312) 353–8290 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8290,
persoon.carolyn@epa.gov.
This
supplementary information section is
arranged as follows:
SUPPLEMENTARY INFORMATION:
I. What should I consider as I prepare my
comments for EPA?
II. What actions is EPA proposing to take?
III. What is the background for these actions?
IV. What are the criteria for redesignation to
attainment?
V. What is EPA’s analysis of the state’s
request?
1. Attainment
2. The Area Has Met All Applicable
Requirements Under Section 110 and
Part D and Has a Fully Approved SIP
Under Section 110(k) (Sections
107(d)(3)(E)(v) and 107(d)(3)(E)(ii)).
3. The Improvement in Air Quality Is Due
to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution Control
Regulations and Other Permanent and
Enforceable Reductions (Section
107(d)(3)(E)(iii))
4. Ohio Has a Fully Approved Maintenance
Plan Pursuant to Section 175A of the
CAA (Section 107(d)(3)(E)(iv))
5. Insignificance Determination for the
Mobile Source Contribution to PM2.5 and
NOX
6. 2005 Comprehensive Emissions
Inventory
7. Summary of Proposed Actions
VI. What are the effects of EPA’s proposed
actions?
VII. Statutory and Executive Order Reviews
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]]>Agencies
[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Proposed Rules]
[Pages 79579-79593]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32828]
[[Page 79579]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2010-0523; FRL-9610-5]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Illinois; Redesignation of
the Illinois Portion of the St. Louis, MO-IL Area to Attainment for the
1997 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a request from Illinois to
redesignate the Illinois portion of the St. Louis, MO-IL nonattainment
area, ``the St. Louis area,'' to attainment for the 1997 8-hour ozone
standard because the request meets the statutory requirements for
redesignation under the Clean Air Act (CAA). The St. Louis area
includes Jersey, Madison, Monroe, and St. Clair Counties in Illinois
and St. Louis City and Franklin, Jefferson, St. Charles and St. Louis
Counties in Missouri. The Illinois Environmental Protection Agency
(IEPA) submitted this request on May 26, 2010 and supplemented it on
September 16, 2011. (EPA will address the Missouri portion of the St.
Louis area in a separate rulemaking action.) This proposed approval
also involves several related actions. EPA is proposing to approve, as
a revision to the Illinois State Implementation Plan (SIP), the State's
plan for maintaining the 1997 8-hour ozone National Ambient Air Quality
Standard (NAAQS) through 2025 in the area. EPA is proposing to approve
the 2002 emissions inventory, submitted by IEPA on June 21, 2006, and
supplemented on September 16, 2011, as meeting the comprehensive
emissions inventory requirement of the CAA for the Illinois portion of
the St. Louis area. Finally, EPA finds adequate and is proposing to
approve the State's 2008 and 2025 Motor Vehicle Emission Budgets
(MVEBs) for the Illinois portion of the St. Louis area.
DATES: Comments must be received on or before January 23, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0523, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: Aburano.Douglas@epa.gov.
3. Fax: (312) 353-6960.
4. Mail: Doug Aburano, Chief, Attainment Planning and Maintenance
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand delivery: Doug Aburano, 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 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-
2010-0523. 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 or viruses. For additional
instructions on submitting comments, go to section I of this document,
``What Should I Consider as I Prepare My Comments for EPA?''
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 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 Kathleen D'Agostino, Environmental
Engineer, at (312) 886-1767 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
dagostino.kathleen@epa.gov.
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 to take?
III. What is the Background for these actions?
A. What is the general background information?
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 Implementation Rule?
1. Summary of Court Decision
2. Requirements Under the 8-Hour Standard
3. Requirements Under the 1-Hour Standard
IV. What are the criteria for redesignation to attainment?
V. What is EPA's analysis of the state's request?
A. Redesignation
1. The Area Has Attained the 8-Hour Ozone NAAQS (Section
107(d)(3)(E)(i))
2. The Area Has Met All Applicable Requirements Under Section
110 and Part D; and the Area Has a Fully Approved SIP under Section
110(k) (Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
3. The Improvement in Air Quality Is Due to Permanent and
Enforceable Reductions in Emissions Resulting From Implementation of
the SIP and Applicable Federal Air Pollution Control Regulations and
Other Permanent and Enforceable Reductions (Section
107(d)(3)(E)(iii))
4. The Area Has a Fully Approved Maintenance Plan Pursuant to
Section
[[Page 79580]]
175A of the CAA (Section 107(d)(3)(E)(iv))
B. Adequacy of the MVEBs
C. 2002 Comprehensive Emissions Inventory
VI. Summary of Actions
VII. 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 that 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.
II. What actions is EPA proposing to take?
EPA is proposing to determine that the Illinois portion of the St.
Louis area has met the requirements for redesignation under section
107(d)(3)(E) of the CAA. EPA is thus proposing to approve the request
from IEPA to change the legal designation of the Illinois portion of
the St. Louis area from nonattainment to attainment for the 1997 8-hour
ozone NAAQS. EPA is also taking several additional actions related to
the State's redesignation request, as discussed below.
EPA is proposing to approve, as a revision to the Illinois SIP, the
State's maintenance plan (such approval being one of the CAA criteria
for redesignation to attainment status). The maintenance plan is
designed to keep the St. Louis area in attainment of the ozone NAAQS
through 2025.
EPA is proposing to approve the 2002 volatile organic compound
(VOC) and nitrogen oxides (NOX) emissions inventories for
the Illinois portion of the St. Louis area, documented in IEPA's May
26, 2010, and September 16, 2011 submittals. These emissions
inventories satisfy the requirement in section 182(a)(1) of the CAA for
a comprehensive emission inventory.
Finally, EPA finds adequate and is proposing to approve the newly-
established 2008 and 2025 MVEBs for the Illinois portion of the St.
Louis area. The adequacy comment period for the MVEBs began on
September 26, 2011, with EPA's posting of the availability of the
submittal on EPA's Adequacy Web site (at https://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy comment period for
these MVEBs ended on October 26, 2011. EPA did not receive any requests
for this submittal, or comments on this submittal during the adequacy
comment period. Please see section V.B. of this rulemaking, ``Adequacy
of the MVEBs,'' for further explanation of this process. Therefore, EPA
finds adequate, and is proposing to approve, the State's 2008 and 2025
MVEBs for the Illinois portion of the St. Louis area. These MVEBs will
be used in future transportation conformity analyses for the area.
III. What is the background for these actions?
A. What is the general background information?
Ground-level ozone is not emitted directly by sources. Rather,
emissions of NOX and VOCs react in the presence of sunlight
to form ground-level ozone. NOX and VOCs are referred to as
precursors of ozone.
The CAA establishes a process for air quality management through
the NAAQS. Before promulgation of the 8-hour standard, the ozone NAAQS
was based on a 1-hour standard. On November 6, 1991 (56 FR 56693, 56751
and 56813), the St. Louis area was designated as a moderate
nonattainment area under the 1-hour ozone NAAQS. Jersey County,
Illinois, was not included as part of the St. Louis area, and was
designated as a marginal nonattainment area under the 1-hour standard
(56 FR 56693 and 56751). The Illinois portion of the St. Louis area was
subsequently redesignated to attainment of the 1-hour standard
effective May 12, 2003. (See 68 FR 25442, published May 12, 2003.)
Jersey County was redesignated to attainment of the 1-hour standard
effective April 13, 1995. (See 60 FR 13631, published March 14, 1995.)
These attainment designations were thus in effect at the time EPA
revoked the 1-hour ozone NAAQS, on June 15, 2005.
On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone
standard of 0.08 parts per million parts (ppm). On April 30, 2004 (69
FR 23857), EPA published a final rule designating and classifying areas
under the 8-hour ozone NAAQS. These designations and classifications
became effective June 15, 2004. EPA designated as nonattainment any
area that was violating the 8-hour ozone NAAQS based on the three most
recent years of air quality data, 2001-2003.
The CAA contains two sets of provisions, subpart 1 and subpart 2,
that address planning and control requirements for nonattainment areas.
(Both are found in title I, part D, of the CAA; 42 U.S.C. 7501-7509a
and 7511-7511f, respectively.) Subpart 1 contains general requirements
for nonattainment areas for any pollutant, including ozone, governed by
a NAAQS. Subpart 2 provides more specific requirements for ozone
nonattainment areas.
Under EPA's implementation rule for the 1997 8-hour ozone standard,
(69 FR 23951, published April 30, 2004), an area was classified under
subpart 2 based on its 8-hour ozone design value (i.e. the three-year
average annual fourth-highest daily maximum 8-hour average ozone
concentration), if it had a 1-hour design value at the time of
designation at or above 0.121 ppm (the lowest 1-hour design value in
Table 1 of subpart 2) (69 FR 23954). All other areas were covered under
subpart 1, based upon their 8-hour design values (69 FR 23958). The St.
Louis area was designated as a subpart 2, 8-hour ozone moderate
nonattainment area by EPA on April 30, 2004 (69 FR 23857, 23898, and
23915), based on air quality monitoring data from 2001-2003 (69 FR
23860).
40 CFR 50.10 and 40 CFR part 50, appendix I provide that the 8-hour
ozone standard is attained when the three-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration is less
than or equal to 0.08 ppm, when rounded. The data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90%, and no single year has less than
75% data completeness. See 40 CFR part 50, appendix I, 2.3(d).
IEPA submitted a request to redesignate the Illinois portion of the
St. Louis area to attainment for the 8-hour ozone standard on May 26,
2010 and supplemented the request on September 16, 2011. Complete,
quality-assured and certified data for 2008-2010 indicate that the 8-
hour NAAQS for ozone, as promulgated in 1997, has been attained for the
St. Louis area. In addition, available preliminary monitoring data for
2011 continue to show the area in attainment of the standard. Under the
CAA, nonattainment areas may be
[[Page 79581]]
redesignated to attainment if sufficient complete, quality-assured data
are available for the Administrator to determine that the area has
attained the standard, and the area meets the other CAA redesignation
requirements in section 107(d)(3)(E).
On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm. EPA has not yet designated areas under the
2008 standard. The actions addressed in today's proposed rulemaking
relate only to the 1997 8-hour ozone standard.
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
Implementation Rule?
1. Summary of Court Decision
On December 22, 2006, in South Coast Air Quality Management Dist.
v. EPA, the U.S. Court of Appeals for the District of Columbia Circuit
vacated EPA's Phase 1 Implementation Rule for the 8-hour Ozone Standard
(69 FR 23951, April 30, 2004). 472 F.3d 882 (DC 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 with
regard to 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; the 8-hour
ozone attainment dates; and the timing for emissions reductions needed
for attainment of the 8-hour ozone NAAQS. The June 8, 2007, decision
also left intact the Court's rejection of EPA's reasons for
implementing the 8-hour standard in certain nonattainment areas under
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let
stand EPA's revocation of the 1-hour 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 improperly failed to retain four measures
required for 1-hour nonattainment areas under the anti-backsliding
provisions of the regulations: (1) Nonattainment area 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 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 NAAQS, or for failure to attain that NAAQS; and (4) certain
transportation conformity requirements for certain types of 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 motor vehicle emissions budgets until 8-hour
budgets were available for 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 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 or prevent EPA
from proposing or ultimately finalizing this redesignation. EPA
concludes that the Court's December 22, 2006, and June 8, 2007,
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 Standard
With respect to the 8-hour standard, the St. Louis area is
classified under subpart 2. The June 8, 2007, opinion 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.
3. Requirements Under the 1-Hour Standard
With respect to the 1-hour standard requirements, the St. Louis
area and Jersey County area were attainment areas subject to a CAA
section 175A maintenance plan under the 1-hour standard. The DC
Circuit's decisions with respect to 1-hour nonattainment anti-
backsliding requirements do not impact redesignation requests for these
types of areas, except to the extent that the Court, in its June 8,
2007, decision, clarified that for those areas with 1-hour motor
vehicle emissions budgets in their maintenance plans, anti-backsliding
requires that those 1-hour budgets must be used for 8-hour conformity
determinations until replaced by 8-hour budgets. All conformity
determinations must comply with the applicable requirements of EPA's
conformity regulations at 40 CFR part 93.
The three other anti-backsliding provisions for the 1-hour standard
that the Court found were not properly retained, the nonattainment NSR
requirements, contingency measures (pursuant to section 172(c)(9) or
182(c)(9)), and penalty fee provisions, do not apply to the St. Louis
area and Jersey County area because these areas are attainment areas
subject to a maintenance plan for the 1-hour standard, and have been
redesignated to attainment for the 1-hour standard.
Thus, the decision in South Coast Air Quality Management Dist.
would not preclude EPA from finalizing the redesignation of the St.
Louis area.
IV. What are the criteria for redesignation to attainment?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for
redesignation provided that: (1) The Administrator determines that the
area has attained the applicable NAAQS; (2) the Administrator has fully
approved the applicable implementation plan for the area under section
110(k); (3) the Administrator determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable SIP and applicable
Federal air pollutant control regulations and other permanent and
enforceable reductions; (4) the Administrator has fully approved a
maintenance plan for the area as meeting the requirements of section
175A; and, (5) the state containing such area has met all requirements
applicable to the area under section 110 and part D. Illinois' request
for redesignation of the Illinois portion of the St. Louis area is
evaluated for each of these requirements in section V.A. below.
EPA provided guidance on redesignation 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). EPA has provided further guidance on processing
redesignation requests in the following documents:
``Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum
from William G. Laxton, Director Technical Support Division, June 18,
1990;
``Maintenance Plans for Redesignation of Ozone and Carbon Monoxide
Nonattainment Areas,'' Memorandum from G.T. Helms,
[[Page 79582]]
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;
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 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 (TSD's) for Redesignation 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, to Air Division Directors,
Regions 1-10, November 30, 1993.
``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; and
``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.
V. What is EPA's analysis of the state's request?
A. Redesignation
EPA is proposing to determine that the Illinois portion of the St.
Louis area has met all applicable redesignation criteria under CAA
section 107(d)(3)(E). The basis for EPA's proposed approval of the
redesignation request is as follows:
1. The Area Has Attained the 8-Hour Ozone NAAQS (Section
107(d)(3)(E)(i))
On June 9, 2011 (76 FR 33647) EPA made a determination that the St.
Louis area attained the 1997 8-hour ozone NAAQS based on monitoring
data for the 2008-2010 time period. An area may be considered to be
attaining the 8-hour ozone NAAQS if there are no violations, as
determined in accordance with 40 CFR 50.10 and part 50, appendix I,
based on three complete, consecutive calendar years of quality-assured
air quality monitoring data. To attain this standard, the three-year
average of the fourth-highest daily maximum 8-hour average ozone
concentration measured at each monitor within an area over each year
must not exceed 0.08 ppm. Based on the rounding convention described in
40 CFR part 50, appendix I, the standard is attained if the design
value \1\ is 0.084 ppm or below. The data must be collected and
quality-assured in accordance with 40 CFR part 58, and recorded in the
EPA's Air Quality System (AQS). The monitors generally should have
remained at the same location for the duration of the monitoring period
required for demonstrating attainment.
---------------------------------------------------------------------------
\1\ The design value is the highest three-year average of the
fourth-highest daily maximum 8-hour average for all monitors within
the area.
---------------------------------------------------------------------------
All 2008-2010 monitoring data have been quality-assured in
accordance with 40 CFR 58.10, recorded in the AQS database, and
certified. The data meet the completeness criteria in 40 CFR part 50,
appendix I, which requires a minimum completeness of 75 percent
annually and 90 percent over each three-year period. Monitoring data
are presented in Table 1 below. In addition, available preliminary
monitoring data for 2011 continue to show the area in attainment of the
standard.
Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentration and Three Year Averages of 4th High Daily Maximum 8-Hour Ozone Concentrations
--------------------------------------------------------------------------------------------------------------------------------------------------------
2008 4th high 2009 4th high 2010 4th high 2008-2010
State County Monitor (ppm) (ppm) (ppm) average (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois............................. Jersey.................. Jerseyville 17-083-1001 0.069 0.068 0.072 0.069
Madison................. Alton 17-119-0008...... 0.068 0.067 0.080 0.071
Maryville 17-119-1009.. 0.070 0.074 0.074 0.072
Wood River 17-119-3007. 0.067 0.066 0.070 0.067
St. Clair............... East St. Louis 17-163- 0.064 0.069 0.072 0.068
0010.
Missouri............................. Jefferson............... Arnold 29-099-00019.... 0.070 0.070 0.077 0.072
St. Charles............. Orchard Farm 29-183- 0.072 0.073 0.077 0.074
1004.
West Alton 29-183-1002. 0.076 0.071 0.084 0.077
St. Louis............... Maryland Heights 29-189- 0.069 0.070 0.076 0.071
0014.
Pacific 29-189-0005.... 0.064 0.064 0.069 0.065
St. Louis City.......... Blair Street 29-510- 0.073 0.065 0.071 0.069
0085.
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[[Page 79583]]
As discussed in section V.A.4. below with respect to the
maintenance plan, IEPA has committed to continue to operate an EPA-
approved monitoring network as necessary to demonstrate maintenance of
the NAAQS. Should changes in the location of an ozone monitor become
necessary, IEPA has committed to work with EPA to ensure the adequacy
of the monitoring network. Illinois and Missouri remain obligated to
continue to quality assure monitoring data in accordance with 40 CFR
part 58 and enter all data into AQS in accordance with Federal
guidelines.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D; and the Area Has a Fully Approved SIP Under Section 110(k)
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
We have determined that Illinois has met all currently applicable
SIP requirements for purposes of redesignation for the Illinois portion
of the St. Louis area under section 110 of the CAA (general SIP
requirements). We have also determined that the Illinois SIP meets all
SIP requirements currently applicable for purposes of redesignation
under part D of title I of the CAA (requirements specific to moderate
nonattainment areas), in accordance with section 107(d)(3)(E)(v). In
addition, with the exception of the comprehensive emissions inventory
and certain VOC reasonably available control technology (RACT)
regulations, we have determined that the Illinois SIP is fully approved
with respect to all applicable requirements for purposes of
redesignation, in accordance with section 107(d)(3)(E)(ii). As
discussed below, in this action EPA is proposing to approve IEPA's 2002
emissions inventory as meeting the comprehensive emissions inventory
requirement. EPA is taking action on the Illinois VOC RACT regulations
in a separate rule.
In proposing these determinations, we have ascertained which SIP
requirements are applicable to the Illinois portion of the St. Louis
area for purposes of redesignation, and have determined that there are
SIP measures meeting those requirements and that these measures have
been fully approved or will be fully approved under section 110(k) of
the CAA by the time EPA takes final action on the redesignation
request. See discussions in sections a. and b. below.
In the context of redesignations, EPA has interpreted requirements
related to attainment as not applicable for purposes of redesignation.
For example, in the General Preamble EPA stated that:
[t]he section 172(c)(9) requirements are directed at ensuring RFP
and attainment by the applicable date. These requirements no longer
apply when an area has attained the standard and is eligible for
redesignation. Furthermore, section 175A for maintenance plans * * *
provides specific requirements for contingency measures that
effectively supersede the requirements of section 172(c)(9) for
these areas. ``General Preamble for the Interpretation of Title I of
the Clean Air Act Amendments of 1990,'' (General Preamble) 57 FR
13498, 13564 (April 16, 1992).
See also the September 4, 1992, Calcagni memorandum (``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) at 6 (``The requirements for reasonable further
progress and other measures needed for attainment will not apply for
redesignations because they only have meaning for areas not attaining
the standard.'').
a. The Illinois Portion of the St. Louis Area Has Met All Applicable
Requirements for Purposes of Redesignation Under Section 110 and Part D
of the CAA
i. Section 110 General SIP requirements
Section 110(a) of title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a state must have been adopted by the
state after reasonable public notice and hearing, and that, among other
things, it includes enforceable emission limitations and other control
measures, means or techniques necessary to meet the requirements of the
CAA; provides for establishment and operation of appropriate devices,
methods, systems and procedures necessary to monitor ambient air
quality; provides for implementation of a source permit program to
regulate the modification and construction of any stationary source
within the areas covered by the plan; includes provisions for the
implementation of part C, Prevention of Significant Deterioration (PSD)
and part D, NSR permit programs; includes criteria for stationary
source emission control measures, monitoring, and reporting; includes
provisions for air quality modeling; and provides for public and local
agency participation in planning and emission control rule development.
Section 110(a)(2)(D) of the CAA requires that SIPs 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
air pollutants (NOX SIP Call,\2\ Clean Air Interstate Rule
(CAIR) (70 FR 25162, May 12, 2005), and Cross-State Air Pollution Rule
(CSAPR) (75 FR 48208, August 8, 2011), which replaces CAIR). However,
the section 110(a)(2)(D) requirements for a state are not linked with a
particular nonattainment area's designation and classification. EPA
concludes that the requirements linked with a particular nonattainment
area's designation and classification are the relevant measures to
evaluate in reviewing a redesignation request. The section 110(a)(2)(D)
requirements, where applicable, continue to apply to a state regardless
of the designation of any one particular area in the state. Thus, we
conclude that these requirements should not be construed to be
applicable requirements for purposes of redesignation.
---------------------------------------------------------------------------
\2\ 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, major cement kilns, and internal
combustion engines. EPA approved the Illinois rules as fulfilling
Phase I of the NOX SIP Call on June 28, 2001 (66 FR
34382) and November 21, 2001 (66 FR 56454), and as meeting Phase II
of the NOX SIP Call on June 26, 2009 (74 FR 30466).
---------------------------------------------------------------------------
Further, we conclude that the other section 110 elements described
above that are not connected with nonattainment plan submissions and
not linked with an area's attainment status are also not applicable
requirements for purposes of redesignation. A state remains subject to
these requirements after an area is redesignated to attainment. We
conclude that only the section 110 and part D requirements which are
linked with a particular area's designation and classification are the
relevant measures which we may consider in evaluating a redesignation
request. This approach is consistent with EPA's existing policy on
applicability of conformity and oxygenated fuels 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), (62 FR 24826, May 7, 1997);
Cleveland-Akron-Lorain, 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 1-
hour
[[Page 79584]]
ozone redesignation (65 FR 37890, June 19, 2000), and in the
Pittsburgh, Pennsylvania 1-hour ozone redesignation (66 FR 50399,
October 19, 2001).
We have reviewed the Illinois SIP and have concluded 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 52.1870). 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 some 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 St. Louis area. Therefore,
EPA concludes that these infrastructure SIP elements are not applicable
requirements for purposes of review of the State's 8-hour ozone
redesignation request.
ii. Part D Requirements
EPA has determined that, if EPA finalizes the approval of the 2002
comprehensive emissions inventory, discussed in section V.C. of this
rulemaking, and the VOC RACT submittal, 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
St. Louis area. Subpart 1 of part D, found in sections 172-176 of the
CAA, sets forth the basic nonattainment requirements applicable to all
nonattainment areas. Subpart 2 of part D, which includes section 182 of
the CAA, establishes additional specific requirements depending on the
area's nonattainment classification.
The St. Louis area was classified as a moderate nonattainment area
under subpart 2, therefore the state must meet the applicable
requirements of both subpart 1 and subpart 2 of part D. The applicable
subpart 1 requirements are contained in sections 172(c)(1)-(9) and in
section 176. The applicable subpart 2 requirements are contained in
sections 182(a) and (b) (marginal and moderate nonattainment area
requirements).
Subpart 1 Section 172 Requirements.
For purposes of evaluating this redesignation request, the
applicable section 172 SIP requirements for the St. Louis area are
contained in sections 172(c)(1)-(9). 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 plans for all nonattainment areas to
provide for the implementation of all reasonably available control
measures as expeditiously as practicable and to provide for attainment
of the national primary ambient air quality standards. EPA interprets
this requirement to impose a duty on all states containing
nonattainment areas to consider all available control measures and to
adopt and implement such measures as are reasonably available for
implementation in each area as components of the area's attainment
demonstration. Because attainment has been reached in the St. Louis
area, no additional measures are needed to provide for attainment, and
section 172(c)(1) requirements are no longer considered to be
applicable as long as the area continues to attain the standard until
redesignation. See 40 CFR 51.918.
The reasonable further progress (RFP) requirement under section
172(c)(2) is defined as progress that must be made toward attainment.
This requirement is not relevant for purposes of redesignation because
the St. Louis area has monitored attainment of the ozone NAAQS.
(General Preamble, 57 FR 13564). See also 40 CFR 51.918. In addition,
because the St. Louis area has attained the ozone NAAQS and is no
longer subject to an RFP requirement, the requirement to submit the
section 172(c)(9) contingency measures is not applicable for purposes
of redesignation. Id.
Section 172(c)(3) requires submission and 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).
Section 172(c)(4) requires the identification and quantification of
allowable 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 anywhere in the nonattainment area. EPA approved the Illinois
nonattainment NSR program 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 will apply after redesignation,
areas being redesignated need not comply with the requirement that a
part D NSR program be approved prior to redesignation, provided that
the area demonstrates maintenance of the NAAQS without a part D NSR
program. 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, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
Illinois has demonstrated that the St. Louis area will be able to
maintain the 1997 8-hour ozone standard without a part D NSR program in
effect; therefore, EPA concludes that the State need not have a fully
approved part D NSR program prior to approval of the redesignation
request. The State's PSD program will become effective in the St. Louis
area upon redesignation to attainment. See 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).
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the standard. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above in section i, we
conclude the Illinois SIP meets the requirements of section 110(a)(2)
applicable for purposes of redesignation.
Subpart 1 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
in the applicable 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 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
[[Page 79585]]
conformity provisions of the CAA continues to apply to areas after
redesignation to attainment since such areas would be subject to a
section 175A maintenance plan. 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 concludes 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 (Dec. 7, 1995) (Tampa, Florida).
EPA approved Illinois's 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 MVEBs for the Illinois portion of the St. Louis area
of 17.27 and 5.68 tons per day (tpd) VOC and 52.57 and 15.22 tpd
NOX for the years 2008 and 2025, respectively. Illinois must
use these MVEBs in any conformity determination that is effective on or
after the effective date of the maintenance plan approval.
Subpart 2 Section 182(a) and (b) Requirements.
Comprehensive Emissions Inventory. Section 182(a)(1) requires the
submission of a comprehensive emissions inventory. IEPA submitted a
2002 emissions inventory on June 21, 2006. On September 16, 2011, IEPA
supplemented this inventory with on-road mobile emissions estimates
based on the MOVES model. As discussed below in section V.C., EPA is
proposing to approve the 2002 inventory as meeting the section
182(a)(1) comprehensive emissions inventory requirement.
Emissions Statements. EPA approved the Illinois emission statement
SIP required by section 182(a)(3)(B), on September 9, 1993 (58 FR
47379) and May 15, 2002 (67 FR 34614).
Reasonable Further Progress and Attainment Demonstration. On July
2, 2007, IEPA submitted an attainment demonstration and reasonable
further progress plan for the Illinois portion of the St. Louis area as
required by section 182(b)(1) of the CAA. Because attainment has been
reached, section 182(b)(1) requirements are no longer considered to be
applicable as long as the area continues to attain the standard. If EPA
finalizes approval of the redesignation of the Illinois portion of the
St. Louis area, EPA will take no further action on the attainment
demonstration submitted by Illinois for the area.
VOC RACT. Section 182(b)(2) requires states with moderate
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 issued
prior to November 15, 1990; and, (3) all other major non-CTG stationary
sources. As required under the 1-hour ozone standard, Illinois
submitted VOC RACT rules covering the second and third categories. 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).
With respect to the first category, EPA issued CTGs for five source
categories in September 2006, three source categories in September
2007, and five additional source categories in September 2008. Areas
classified as moderate and above were required to submit VOC RACT for
the source categories covered by these CTGs, by September 2007,
September 2008, and September 2009, respectively. IEPA submitted a SIP
revision to address these 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 submittal
is a prerequisite for approval of the redesignation of the Illinois
portion of the St. Louis area to attainment.
NOX RACT. Section 182(f) establishes NOX requirements
for ozone nonattainment areas. However, it provides that these
requirements do not apply to an area if the Administrator determines
that NOX reductions would not contribute to attainment. On
February 22, 2011 (76 FR 9655), EPA approved a request from IEPA to
exempt sources of NOX in the Illinois portion of the St
Louis area from section 182(f) NOX RACT requirements.
Therefore, the State of Illinois need not have fully approved
NOX control measures under section 182(f) for the Illinois
portion of the St. Louis area to be redesignated to attainment.
Stage II Vapor Recovery. Section 182(b)(3) of the CAA requires
states with moderate nonattainment areas to submit Stage II vapor
recovery rules. EPA approved Illinois's Stage II vapor recovery
regulations on January 12, 1993 (58 FR 3841). Further, section
202(a)(6) of the CAA provides that Stage II vapor recovery regulations
are not required if EPA promulgates on-board vapor recovery regulations
for vehicles. EPA promulgated such regulations on April 6, 1994 (59 FR
16262), which became effective on May 6, 1994. Therefore, pursuant to
section 202(a)(6) of the CAA, Stage II regulations are no longer
required in the area. EPA approved the removal of Stage II vapor
recovery regulations from the Illinois SIP on December 16, 1994 (59 FR
64853).
Vehicle Inspection and Maintenance (I/M). Section 182(b)(4) and
EPA's final I/M regulations in 40 CFR part 85 require the States to
submit a fully adopted I/M program. EPA approved the Illinois enhanced
I/M program on February 22, 1999 (64 FR 8517).
Thus, as discussed above, with approval of the comprehensive
emissions inventory and the Illinois VOC RACT submittal, the Illinois
portion of the St. Louis area will satisfy the requirements applicable
for purposes of redesignation under section 110 and part D of the CAA.
b. The Illinois Portion of the St. Louis Area Has a Fully Approved
Applicable SIP Under Section 110(k) of the CAA
If EPA issues a final approval of the comprehensive emissions
inventory and the Illinois VOC RACT submittal, EPA will have fully
approved the State's SIP for the Illinois portion of the St. Louis area
under section 110(k) of the CAA for all requirements applicable for
purposes of redesignation. EPA may rely on prior SIP approvals in
approving 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 25413, 25426 (May
12, 2003). Since the passage of the CAA of 1970, Illinois has adopted
and submitted, and EPA has fully approved, provisions addressing
various required SIP elements under the 1-hour ozone standard. In this
action, EPA is proposing to approve the comprehensive 2002 emissions
inventory for the Illinois portion of the St. Louis area as meeting the
requirement of section 182(a)(1) of the CAA. In a separate rule, EPA
will take action on the Illinois VOC RACT submission. No SIP provisions
for the Illinois portion of the St. Louis area are currently
disapproved, conditionally approved, or partially approved.
[[Page 79586]]
3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
EPA finds that Illinois has demonstrated that the observed air
quality improvement in the St. Louis area is due to permanent and
enforceable reductions in emissions resulting from implementation of
the SIP, Federal measures, and other state-adopted measures discussed
below.
In making this demonstration, IEPA has calculated the change in
emissions between 2002 and 2008. For the nonattainment inventory,
Illinois is using the 2002 emissions inventory developed to meet the
comprehensive emissions inventory requirement of section 182(a)(1) of
the CAA. Illinois developed an attainment inventory for 2008, one of
the years the St. Louis area monitored attainment of the standard. The
reduction in emissions and the corresponding improvement in air quality
over this time period can be attributed to a number of regulatory
control measures that St. Louis and upwind areas have implemented in
recent years.
a. Permanent and Enforceable Controls Implemented
The following is a discussion of permanent and enforceable measures
that have been implemented in the area:
i. Stationary Source NOX Rules
IEPA has developed rules governing the control of NOX
emissions from Electric Generating Units (EGUs), major non-EGU
industrial boilers, major cement kilns, and internal combustion
engines. EPA approved the Illinois rules as fulfilling Phase I of the
NOX SIP Call on June 28, 2001 (66 FR 34382) and November 21,
2001 (66 FR 56454), and as meeting Phase II of the NOX SIP
Call on June 26, 2009 (74 FR 30466). Illinois began complying with
Phase I of this rule in 2004. Compliance with Phase II of the SIP Call
requires the control of NOX emissions from large stationary
internal combustion engines. Implementation of Phase II began in 2007
and was projected to result in an 82 percent NOX reduction
from 1995 levels.
ii. Consumer Products and Architectural and Industrial Maintenance
Coatings (AIM) Rules
Illinois adopted consumer products and AIM rules on May 7, 2009.
Compliance with these rules was required by July 1, 2009. EPA is acting
on these rules in a separate rulemaking.
iii. Reformulated Gasoline (RFG)
Illinois requested that EPA extend the requirement for sale of RFG
to Jersey, Madison, Monroe, and St. Clair counties. EPA granted this
request on April 24, 2007, with compliance required by July 1, 2007.
iv. Consent Decrees--Dynegy Midwest Generation and ConocoPhillips
Dynegy Midwest Generation and ConocoPhillips entered separate
settlement agreements with EPA in 2005. The settlement reached with
Dynegy Midwest Generation for alleged violations at the Baldwin
Generating Station included the requirements to ``commence operation of
the SCRs installed at Baldwin Unit 1, Unit 2 * * * so as to achieve and
maintain a 30-day rolling average emission rate from each such unit of
not greater than 0.100 lb/mmbtu NOX'' and ``maintain a 30-
day rolling average emission rate of not greater than 0.120 lb/mmbtu
NOX at Baldwin Unit 3.'' Low NOX burners and
overfire air technology are required on Dynegy Midwest Generation's
Wood River Units 4 and 5. At the Dynegy Midwest
Generation's Baldwin Generating station, ozone season emissions were
reduced from 13,204 tons in 2001 to 1,696 tons in 2009. The
ConocoPhillips settlement provided for near-term installation of low-
NOX burners and ultra low-NOX burners on
combustion units at its ``Distilling West'' operations. Other
NOX emission reduction requirements are set forth in the
consent decree, as are provisions for carbon monoxide (CO), sulfur
dioxide (SO2), and particulate matter reductions.
v. 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. 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. The 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. Some of
these emission reductions occurred by the attainment years (2007-2009)
and additional emission reductions will occur throughout the
maintenance period.
Heavy-Duty Diesel Engine Rule. EPA issued this rule in July 2000.
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
busses.
Non-Road Diesel Rule. EPA issued this rule in 2004. This rule
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. Some of these emission reductions occurred by the
attainment years (2007-2009) and additional emission reductions will
occur throughout the maintenance period.
New Source Performance Standards (NSPS), National Emissions
Standards for Hazardous Air Pollutants (NESHAPS) and Maximum Achievable
Control Technology Standards (MACT). A broad range of emission sectors
are subject to Federal NSPS, NESHAP, and MACT standards with compliance
requirements which take effect post-2002 and prior to 2009.
vi. Control Measures in Upwind Areas
On October 27, 1998 (63 FR 57356), EPA issued a NOX SIP
Call requiring the District of Columbia and 22 states (including
Illinois) to reduce emissions of NOX. Affected states were
required to comply with Phase I of the SIP Call beginning in 2004, and
Phase II beginning in 2007. The reduction in NOX emissions
has resulted in lower concentrations of transported ozone entering the
St. Louis area. Emission reductions resulting from regulations
developed in response to the NOX SIP Call are permanent and
enforceable.
b. Emission Reductions
Illinois is using the 2002 comprehensive emissions inventory
developed to meet the requirement of section 182(a)(1) of the CAA as
the nonattainment inventory. This inventory is discussed in more detail
in section V.C., below. In summary, IEPA developed the point source
inventory
[[Page 79587]]
using source reported actual 2002 emissions data from annual emissions
reports. The area source inventory was developed using various
methodologies to estimate area source activity levels and emissions
including applying local activity levels, apportioning national or
statewide activity levels to the local level, using per capita emission
factors, using per employee emission factors, and using data from
inventories complied by others. The documentation supplied in the
submittal shows how the county-specific emissions were calculated for
each area source category. Non-road mobile source emissions were
generated using the NONROAD model version 2.20a. In addition, emissions
estimates were developed for commercial marine vessels, aircraft, and
railroads, three non-road categories not included in the NONROAD model.
On-road mobile emissions were prepared by the IEPA using the MOVES
emissions model and daily vehicle miles traveled (VMT) data provided by
the Illinois Department of Transportation (IDOT).
Illinois prepared a comprehensive 2008 emissions inventory to use
as the attainment year inventory. Point source information was compiled
from the 2008 annual emissions reports submitted to IEPA by sources and
EPA's Clean Air Markets Division database for electric utilities. Area
source emissions were calculated using the most recently available
methodologies and emissions factors from EPA along with activity data
(population, employment, fuel use, etc.) specific to 2008. Non-road
mobile source emissions were calculated using EPA's NONROAD emissions
model. In addition, emissions estimates were calculated for commercial
marine vessels, aircraft, and railroads, three non-road categories not
included in the NONROAD model. On-road mobile source emissions were
calculated using EPA's MOVES emissions model with 2008 VMT data
provided by IDOT.
Using the inventories described above, as well as emissions
inventories provided by Missouri, Illinois has documented changes in
VOC and NOX emissions from 2002 to 2008 for the St. Louis
area. Emissions data are shown in Tables 2 through 5 below.
Table 2--St. Louis Area VOC and NOX Emissions for Nonattainment Year 2002
[tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Illinois Missouri Area total Illinois Missouri Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 17.41 32.70 50.11 53.24 127.20 180.44
Area.................................................... 29.86 71.30 101.16 1.40 19.40 20.80
On-road................................................. 25.90 79.57 105.47 76.82 226.03 302.85
Non-road................................................ 12.04 47.00 59.04 36.79 60.70 97.49
-----------------------------------------------------------------------------------------------
Total............................................... 85.21 230.57 315.78 168.25 433.33 601.58
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--St. Louis Area VOC and NOX Emissions for Attainment Year 2008
[tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Illinois Missouri Area total Illinois Missouri Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................
