Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Illinois; Ozone, 6743-6760 [2012-2991]
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Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Proposed Rules
Dated: January 31, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–2989 Filed 2–8–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2009–0666; FRL–9629–3]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Illinois; Ozone
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a request from Illinois to redesignate the
Illinois portion of the Chicago-GaryLake County, Illinois-Indiana (IL-IN)
ozone nonattainment area (the Greater
Chicago area) to attainment of the 1997
8-hour ozone National Ambient Air
Quality Standard (NAAQS or standard)
because the request meets the statutory
requirements for redesignation under
the Clean Air Act (CAA). The Illinois
portion of the Greater Chicago area
includes Cook, DuPage, Kane, Lake,
McHenry, and Will Counties and
portions of Grundy (Aux Sable and
Goose Lake Townships) and Kendall
(Oswego Township) Counties. The
Illinois Environmental Protection
Agency (IEPA) submitted this request on
July 23, 2009, and supplemented its
request in a submittal on September 16,
2011. EPA is proposing to approve, as
a revision of the Illinois State
Implementation Plan (SIP), the State’s
plan for maintaining the 1997 8-hour
ozone standard through 2025 in the
Illinois portion of the Greater Chicago
area. EPA is proposing to approve 2002
Volatile Organic Compound (VOC) and
Nitrogen Oxides (NOX) emission
inventories for the Illinois portion of the
Greater Chicago area as a revision of the
Illinois SIP because the emission
inventories meet the requirements of
section 182(a) of the CAA. Finally, EPA
proposes to approve the State’s 2008
and 2025 VOC and NOX Motor Vehicle
Emission Budgets (MVEBs) for the
Illinois portion of the Greater Chicago
area.
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SUMMARY:
Comments must be received on
or before March 12, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0666, by one of the
following methods:
DATES:
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• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• Email: aburano.douglas@epa.gov.
• Fax: (312) 408–2279.
• Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, 18th Floor,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2009–
0666. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
and viruses. For additional instructions
on submitting comments, go to section
I of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
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index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Edward Doty at (312)
886–6057 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Edward Doty, Environmental Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6057,
or Doty.Edward@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?
III. What is the background for these actions?
A. General Background
B. What are the impacts of the December
22, 2006, and June 8, 2007, United States
Court of Appeals decisions regarding
EPA’s Phase 1 Ozone Implementation
Rule?
1. Summary of Court Decisions
2. Requirements Under the 8-Hour Ozone
Standard
3. Requirements Under the 1-Hour Ozone
Standard
IV. What are the criteria for redesignation?
V. What is EPA’s analysis of the State’s ozone
redesignation request?
A. Has the Greater Chicago area attained
the 1997 8-hour ozone NAAQS?
B. Has the State of Illinois met all
applicable requirements of Section 110
and Part D of the CAA for the Illinois
portion of the Greater Chicago area, and
does the Illinois portion of the Greater
Chicago area have a fully approved SIP
under Section 110(k) of the CAA?
1. The Illinois Portion of the Greater
Chicago Area Has Met All Applicable
Requirements of Section 110 and Part D
of the CAA for Purposes of
Redesignation
2. The Illinois Portion of the Greater
Chicago Area Has a Fully Approved SIP
for Purposes of Redesignation Under
Section 110 of the CAA
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3. The Illinois Portion of the Greater
Chicago Area Has a Fully Approved SIP
and Meets Anti-Backsliding
Requirements Under the 1-Hour Ozone
Standard
C. Are the air quality improvements in the
Greater Chicago area due to permanent
and enforceable emission reductions?
1. Permanent and Enforceable Controls
Implemented
2. Emission Reductions
D. Does Illinois have a fully approvable
ozone maintenance plan?
1. Maintenance Plan Requirements
2. Attainment Inventory
3. Has the State documented maintenance
of the ozone standard in the Illinois
portion of the Greater Chicago area?
4. What is the contingency plan for the
Illinois portion of the Greater Chicago
area?
5. Monitoring Network and Verification of
Continued Attainment
VI. Has the State adopted approvable motor
vehicle emission budgets?
VII. 2002 Emissions Inventories
VIII. Statutory and Executive Order Reviews
I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified in the proposed rule.
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II. What actions is EPA proposing?
EPA is proposing to take several
related actions. First, EPA is proposing
to approve the redesignation of the
Illinois portion of the Greater Chicago
area from nonattainment to attainment
of the 1997 8-hour ozone NAAQS. EPA
is also proposing to approve Illinois’
ozone maintenance plan for the Illinois
portion of the Greater Chicago area as a
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revision of the Illinois SIP (such
approval being one of the CAA criteria
for redesignation to attainment). The
ozone maintenance plan demonstrates
that the Greater Chicago area should
remain in attainment of the 1997 8-hour
ozone standard through 2025, and
specifies the measures that will be taken
in the Illinois portion of the Greater
Chicago area to assure maintenance of
the 1997 8-hour ozone standard in the
Greater Chicago area.
EPA is proposing to approve 2002
VOC and NOX emission inventories for
the Illinois portion of the Greater
Chicago area as a revision of the Illinois
SIP. These emission inventories satisfy
the requirements in section 182(a)(1) of
the CAA for comprehensive, accurate,
and current emission inventories.
Finally, EPA is proposing to approve
VOC and NOX 2008 and 2025 MVEBs
for the Illinois portion of the Greater
Chicago area.
III. What is the background for these
actions?
A. General Background
EPA has determined that ground-level
ozone (O3) is detrimental to human
health. On July 18, 1997 (62 FR 38856),
EPA promulgated an 8-hour ozone
NAAQS of 0.08 parts per million parts
of air (0.08 ppm) (the 1997 8-hour ozone
standard). This standard is violated in
an area when any monitor in the area
records 8-hour ozone concentrations
with a 3-year average of the annual
fourth-highest daily maximum 8-hour
ozone concentrations equaling or
exceeding 0.085 ppm.
Ground-level ozone is generally not
emitted directly by sources. Rather,
emitted NOX and VOC react in the
presence of sunlight to form groundlevel ozone, as a secondary pollutant,
along with other secondary compounds.
NOX and VOC are ‘‘ozone precursors.’’
Reduction of peak ground-level ozone
concentrations is achieved through
controlling VOC and NOX emissions.
Section 107 of the CAA required EPA
to designate as nonattainment any area
that violated the 1997 8-hour ozone
standard. EPA promulgated 8-hour
ozone designations and classifications
on April 30, 2004 (69 FR 23857). The
Greater Chicago area was designated
and classified as a moderate
nonattainment area for the 1997 8-hour
ozone standard. The designation and
classification became effective on June
15, 2004.
The CAA contains two sets of
provisions, subparts 1 and 2, that
address planning and emission control
requirements for ozone nonattainment
areas. Both of these subparts are found
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in title I, part D of the CAA; sections
171–179 and sections 181–185,
respectively. Subpart 1 contains general,
less prescriptive requirements for all
nonattainment areas of any pollutant,
including ozone, governed by a NAAQS.
Subpart 2 contains additional, more
specific requirements for certain ozone
nonattainment areas, and applies to
ozone nonattainment areas classified
under section 181 of the CAA.
Under EPA’s implementation rule for
the 1997 8-hour ozone standard (69 FR
23951, April 30, 2004), an area was
classified under subpart 2 based on its
8-hour ozone design value (i.e., the
3-year average annual fourth-highest
daily maximum 8-hour average ozone
concentration at the worst-case
monitoring site in the area or in its
immediate downwind environs), if it
had a 1-hour ozone design value 1 at the
time of designation at or above 0.121
ppm. All other areas were covered
under subpart 1 based on their 8-hour
ozone design values 2 (69 FR 23958).
The Greater Chicago area was
designated as a subpart 2 moderate
ozone nonattainment area by EPA on
April 30, 2004 (69 FR 23898), based on
air quality monitoring data from 2001–
2003 (69 FR 23898).
40 CFR 50.10 and 40 CFR part 50,
appendix I provide that the 8-hour
ozone standard is attained when the
3-year averages of the annual fourthhighest daily maximum 8-hour average
ozone concentrations at all monitoring
sites in the area are less than or equal
to 0.08 ppm. The ozone data must be
complete over the 3-year period,
meeting the data completeness
requirements of 40 CFR part 50,
appendix I, section 2.3(d).
On March 27, 2008 (73 FR 16436),
EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm (the 2008
8-hour ozone standard). EPA has not yet
promulgated area designations for this
standard. The actions addressed in this
proposed rule relate only to the 1997
8-hour ozone standard.
On July 23, 2009, IEPA requested that
EPA redesignate the Illinois portion of
the Greater Chicago area to attainment
for the 1997 8-hour ozone standard
based on ozone data for the period of
2006–2008. On September 16, 2011,
IEPA supplemented the original
redesignation request, submitting ozone
data for the period of 2008–2010,
revising the mobile source emission
estimates using EPA’s new on-road
1 Fourth-highest daily maximum 1-hour ozone
concentration over a 3-year period at the worst-case
monitoring site in the area.
2 Three-year averages of the annual fourth-highest
daily maximum 8-hour ozone concentrations at the
worst-case monitoring sites in the areas.
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mobile source emissions model,
MOVES, and extending the
demonstration of maintenance through
2025, with new MVEBs.
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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
Ozone Implementation Rule?
1. Summary of Court Decisions
On December 22, 2006, the U.S. Court
of Appeals for the District of Columbia
Circuit (D.C. Circuit) vacated EPA’s
Phase 1 implementation rule for the
1997 8-hour ozone standard (69 FR
23591, April 30, 2004). South Coast Air
Quality Management Dist. v. EPA, 472
F.3d 882 (D.C. Cir. 2006). On June 8,
2007, in response to several petitions for
rehearing, the D.C. Circuit Court (Court)
clarified that the Phase 1 rule was
vacated only for those parts of the rule
that had been successfully challenged.
Id., Docket No. 04 1201. Therefore,
several provisions of the Phase 1 rule
remain effective: Provisions related to
classifications for areas currently
classified under subpart 2 of title I, part
D of the CAA as 8-hour ozone
nonattainment areas; 8-hour ozone
attainment dates for these areas; and,
the timing of emission reductions
needed for attainment of the 8-hour
ozone NAAQS in these areas. The June
8, 2007, decision also left intact the
Court’s rejection of EPA’s reasons for
implementing the 8-hour ozone
standard in certain nonattainment areas
under subpart 1 in lieu of subpart 2 of
the CAA. By limiting the vacatur, the
Court let stand EPA’s revocation of the
1-hour ozone standard and those antibacksliding provisions of the Phase 1
rule that had not been successfully
challenged.
The June 8, 2007, decision reaffirmed
the December 22, 2006, decision that
EPA had failed to retain four measures
required for 1-hour ozone
nonattainment areas under the antibacksliding provisions of the
regulations: (1) Part D New Source
Review (NSR) requirements based on an
area’s 1-hour nonattainment
classification; (2) section 185 penalty
fees for 1-hour severe or extreme ozone
nonattainment areas; (3) measures to be
implemented pursuant to section
172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making
reasonable further progress toward
attainment of the 1-hour ozone NAAQS,
or for failure to attain the NAAQS; and,
(4) certain transportation conformity
requirements for Federal actions. The
June 8, 2007, decision clarified that the
Court’s reference to conformity
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requirements was limited to requiring
the continued use of 1-hour MVEBs
until 8-hour MVEBs are available for the
8-hour conformity determinations.
This section sets forth EPA’s views on
the potential effect of the Court’s rulings
on this proposed redesignation action.
For the reasons set forth below in
sections III.B.2 and B.3, EPA does not
believe that the Court’s rulings alter any
requirements relevant to this
redesignation action so as to preclude
redesignation, and do not prevent EPA
from proposing and ultimately
finalizing this redesignation. EPA
believes that the Court’s decisions
impose no impediment to moving
forward with redesignation of this area
to attainment, because, even in light of
the Court’s decisions, redesignation is
appropriate under the relevant
redesignation provisions of the CAA
and longstanding policies regarding
redesignation requests.
2. Requirements Under the 8-Hour
Ozone Standard
With respect to the 1997 8-hour ozone
standard, the Greater Chicago area is
classified as moderate nonattainment
under subpart 2, part D of the CAA. The
June 8, 2007, decision clarifies that the
Court did not vacate the Phase 1 rule’s
provisions with respect to
classifications for areas under subpart 2.
The Court’s decision, therefore, upholds
EPA’s classifications for those areas
classified under subpart 2 for the 1997
8-hour ozone standard, and all 8-hour
ozone requirements for these areas
remain in place.
3. Requirements Under the 1-Hour
Ozone Standard
In its June 8, 2007, decision, the Court
limited its Phase 1 rule vacatur so as to
uphold provisions of EPA’s antibacksliding requirements that were not
successfully challenged. Therefore, an
area must meet the anti-backsliding
requirements which apply by virtue of
the area’s classification for the 1-hour
ozone standard. See 40 CFR 51.900, et
seq.; 70 FR 30592, 30604 (May 26,
2005). As set forth in more detail below,
the area must address four antibacksliding provisions identified by the
Court in its decisions.
The anti-backsliding provisions at 40
CFR 51.905(a)(1) prescribe 1-hour ozone
standard requirements that continue to
apply after revocation of the 1-hour
ozone standard for former 1-hour ozone
nonattainment areas. Section
51.905(a)(1)(i) provides that:
The area remains subject to the obligation
to adopt and implement the applicable
requirements as defined in section 51.900(f),
except as provided in paragraph (a)(1)(iii) of
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this section, and except as provided in
paragraph (b) of this section.
Section 51.900(f), as amended by 70 FR
30592, 30604 (May 26, 2005), provides
that:
Applicable requirements means for an area
that the following requirements, to the extent
such requirements applied to the area for the
area’s classification under section 181(a)(1) of
the CAA for the 1-hour NAAQS at the time
of designation for the 8-hour NAAQS, remain
in effect:
(1) Reasonably available control technology
(RACT).
(2) Inspection and maintenance programs
(I/M).
(3) Major source applicability cut-offs for
purposes of RACT.
(4) Rate of Progress (ROP) reductions.
(5) Stage II vapor recovery.
(6) Clean fuels fleet program under section
183(c)(4) of the CAA.
(7) Clean fuels for boilers under section
182(e)(3) of the CAA.
(8) Transportation Control Measures
(TCMs) during heavy traffic hours as
provided under section 182(e)(4) of the CAA.
[Not a requirement for the Illinois portion of
the Greater Chicago area.]
(9) Enhanced (ambient) monitoring under
section 182(c)(1) of the CAA.
(10) TCMs under section 182(c)(5) of the
CAA.
(11) Vehicle miles traveled (VMT)
provisions of section 182(d)(1) of the CAA.
(12) NOX requirements under section 182(f)
of the CAA.
(13) Attainment demonstration or
alternative as provided under section
51.905(a)(1)(ii).
Pursuant to 40 CFR 51.905(c), the
Illinois portion of the Greater Chicago
area is subject to the obligations set
forth in 51.905(a) and 51.900(f).
With regard to part D NSR
requirements, EPA has determined that
an area being redesignated to attainment
need not have an approved
nonattainment NSR program, provided
that the state demonstrates maintenance
of the standard in the area without part
D NSR in effect. The rationale for this
view is described in a memorandum
from Mary Nichols, Assistant
Administrator for Air and Radiation
dated October 14, 1994, titled, ‘‘Part D
New Source Requirements for Areas
Requesting Redesignation to
Attainment.’’ This policy assumes that
the state’s Prevention of Significant
Deterioration (PSD) program will
become effective in the area upon
redesignation of the area to attainment.
Consequently, EPA concludes that an
approved part D NSR program is not an
applicable requirement for purposes of
redesignation. See the more detailed
explanations of this issue in the
following rulemakings: Detroit,
Michigan (60 FR 12467–12468 (March 7,
1995); Cleveland-Akron-Lorain, Ohio
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(61 FR 20458, 20469–20470, May 7,
1996); Louisville, Kentucky (66 FR
53665, 53669, October 23, 2001); Grand
Rapids, Michigan (61 FR 31831, 31836–
31837, June 21, 1996).
The conformity portion of the Court’s
ruling does not impact the redesignation
request for the Illinois portion of the
Greater Chicago area except to the
extent that the Court, in its June 8, 2007,
decision clarified that, for those areas
with MVEBs for the 1-hour ozone
standard, anti-backsliding requires that
these MVEBs must be used for 8-hour
conformity determinations until
replaced by MVEBs for the 8-hour ozone
standard. To meet this requirement,
conformity determinations in such areas
must comply with the applicable
requirements of EPA’s conformity
regulations at 40 CFR part 93. Note
below that EPA is proposing to find
adequate and approve 8-hour MVEBs
established by Illinois’ 8-hour ozone
maintenance plan for the Illinois
portion of the Greater Chicago area.
Severe ozone nonattainment areas
must meet the CAA requirement for
section 185 source penalty fees. Since
the Greater Chicago area was classified
as severe nonattainment under the
1-hour ozone standard, the Illinois
portion of the Greater Chicago area and
the Illinois SIP for this area are subject
to this CAA requirement. It should be
noted, however, that on December 30,
2008 (73 FR 79652), EPA published a
final rule making a determination that
the Greater Chicago area had attained
the 1-hour ozone standard and
confirming that this finding of
attainment relieved Illinois (and
Indiana) of the obligation to adopt
section 185 source penalty fee
regulations for this area.
Finally, with regard to the
contingency measure requirements
under sections 172(c)(9) and 182(c)9) of
the CAA, it is noted that these
requirements must be addressed in state
ozone Reasonable Further Progress
(RFP) and attainment demonstration
plans. Illinois addressed these
requirements in the 1-hour ozone RFP
and attainment demonstration plans for
the Illinois portion of the Greater
Chicago area by adopting and
implementing extra VOC and NOX
emission controls that go beyond the
emission reductions needed for RFP and
attainment of the 1-hour ozone
standard. EPA approved these ozone
control plans, including their
contingency elements: VOC-15 percent
RFP plan (December 18, 1997, 62 FR
66279); post-1996 RFP plan (December
18, 2000, 65 FR 78961); and, 1-hour
ozone attainment demonstration and
post-1999 RFP plan (November 13,
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2001, 66 FR 56904). Therefore, Illinois
has met the contingency requirements of
sections 172(c)(9) and 182(c)(9) of the
CAA for the 1-hour ozone standard. As
noted later in this proposed rule, Illinois
has committed to retain and to
implement all VOC and NOX emission
control measures under the 1-hour
ozone RFP and attainment plans for the
Illinois portion of the Greater Chicago
area.
IV. What are the criteria for
redesignation?
The CAA provides the basic
requirements for redesignating a
nonattainment area to attainment.
Specifically, section 107(d)(3)(E) of the
CAA authorizes redesignation provided
that: (1) The Administrator determines
that the area has attained the applicable
NAAQS based on current air quality
data; (2) the Administrator has fully
approved an applicable state
implementation plan for the area under
section 110(k) of the CAA; (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable emission
reductions resulting from
implementation of the applicable SIP,
Federal air pollution control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area meeting
the requirements of section 175A of the
CAA; and, (5) the state has met all
requirements applicable to the area
under section 110 and part D of the
CAA.
EPA provided guidance on
redesignations in the General Preamble
for the Implementation of Title I of the
CAA Amendments of 1990 on April 16,
1992 (57 FR 13498), and supplemented
this guidance on April 28, 1992 (57 FR
18070).
Two significant policy documents
affecting the review of ozone
redesignation requests are the following:
(1) ‘‘Procedures for Processing Requests
To Redesignate Areas to Attainment,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, September 4, 1992 (the
September 4, 1992 Calcagni
memorandum); and, (2) ‘‘Reasonable
Further Progress, Attainment
Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National
Ambient Air Quality Standard,’’
Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, May 10, 1995 (the May
10, 1995 Clean Data Policy
memorandum). Additional guidance on
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processing redesignation requests is
included in the following documents:
• ‘‘Maintenance Plans for
Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,’’
Memorandum from G.T. Helms, Chief
Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
• ‘‘Contingency Measures for Ozone
and Carbon Monoxide (CO)
Redesignations,’’ Memorandum from
G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1,
1992;
• ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (Act) Deadlines,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division, October
28, 1992;
• ‘‘Technical Support Documents
(TSDs) for Redesignation of Ozone and
Carbon Monoxide (CO) Nonattainment
Areas,’’ Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide
Programs Branch, August 17, 1993;
• ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) On or After
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator for Air and
Radiation, September 17, 1993;
• ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone
and CO Nonattainment Areas,’’
Memorandum from D. Kent Berry,
Acting Director, Air Quality
Management Division, November 30,
1993; and,
• ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas
Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
Air and Radiation, October 14, 1994.
V. What is EPA’s analysis of the State’s
ozone redesignation request?
EPA is proposing to approve Illinois’
ozone redesignation request for the
Illinois portion of the Greater Chicago
area with a determination that the
Greater Chicago area has attained the
1997 8-hour ozone standard based on
current ozone monitoring data for 2008–
2010 and that the State of Illinois and
the Illinois portion of this area have met
all other applicable redesignation
criteria for the 1997 8-hour ozone
standard under section 107(d)(3)(E) of
the CAA. The basis for EPA’s proposed
approval of the redesignation request is
discussed in more detail as follows.
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A. Has the Greater Chicago area
attained the 1997 8-hour ozone
NAAQS?
An area may be considered to be
attaining the 1997 8-hour ozone NAAQS
if there are no violations of the NAAQS,
as determined in accordance with 40
CFR 50.10 and appendix I, based on the
most recent 3 consecutive years of
complete, quality-assured air quality
monitoring data at all ozone monitoring
sites in the area and in its nearby
downwind environs. To attain this
standard, the average of the annual
fourth-high daily maximum 8-hour
average ozone concentrations measured
and recorded at each monitoring site
over the most recent 3-year period (the
monitoring site’s ozone design value)
must not exceed 0.084 ppm. The data
must be collected and quality-assured in
accordance with 40 CFR part 58, and
must be recorded in EPA’s Air Quality
System (AQS).
As part of the July 23, 2009, ozone
redesignation request, IEPA summarized
the annual fourth-high daily maximum
8-hour ozone concentrations and the
3-year 8-hour ozone design values for
the period of 2006–2008 for all ozone
monitoring sites in the Greater Chicago
area. This ozone data summary also
includes ozone concentration data for
the Chiwaukee Prairie monitoring site in
Wisconsin, an ozone peak downwind
impact site for ozone precursor
emissions originating in the Greater
Chicago area. The September 16, 2011,
updated ozone redesignation request
from Illinois also summarized the
annual fourth-high ozone data for all
monitoring sites for the period of 2006–
2008.
Table 1 summarizes the monitoring
site-specific annual fourth-high daily
maximum 8-hour ozone concentrations
and 3-year ozone design values for all
monitoring sites covered in Illinois’
ozone redesignation request for the
period of 2006–2010. Note that we have
included 2009 and 2010 ozone
monitoring data in this summary. These
additional data were obtained from
EPA’s AQS. Since Illinois’ July 23, 2009,
submittal of the ozone redisignation
request, 2009 and 2010 ozone
monitoring data have been quality
assured and submitted to EPA’s AQS.
TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS IN PARTS PER MILLION (PPM) AND
3-YEAR AVERAGES
Monitoring site
(AQS Site ID)
State/County
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Illinois:
Cook ..........
Cook ..........
Cook ..........
Cook ..........
Cook ..........
Cook ..........
Cook ..........
Cook ..........
Cook ..........
Cook ..........
Cook ..........
DuPage ......
Kane ..........
Lake ...........
Lake ...........
McHenry ....
Will .............
Indiana:
Lake ...........
Lake ...........
Lake ...........
Porter .........
Wisconsin:
Kenosha .....
2007
2008
2009
2010
3-Year
average
2006–
2008
3-Year
average
2008–
2010
Alsip (170310001) ..............................................
Chicago—SWFP (170310032) ...........................
Chicago—University of Chicago (170310064) ...
Chicago—Jardine (170310072) ..........................
Chicago—Commonwealth Edison (170310076)
Chicago—Taft (170311003) ...............................
Lemont (170311601) ..........................................
Cicero (170314002) ............................................
Des Plaines (170314007) ...................................
Northbrook (170314201) ....................................
Evanston (170317002) .......................................
Lisle (170436001) ...............................................
Elgin (170890005) ..............................................
Waukegan (170971002) .....................................
Zion (170971007) ...............................................
Cary (171110001) ...............................................
Braidwood (171971011) .....................................
0.078
0.075
0.070
0.065
0.075
0.077
0.070
0.060
0.065
0.068
0.072
0.062
0.062
0.071
0.068
0.057
0.068
0.085
0.082
0.079
0.075
0.080
0.079
0.085
0.068
0.078
0.076
0.080
0.072
0.075
0.081
0.080
0.074
0.071
0.066
0.067
0.063
0.063
0.066
0.064
0.071
0.060
0.057
0.065
0.058
0.057
0.061
0.063
0.069
0.065
0.060
0.069
0.065
0.060
0.062
0.067
0.064
0.067
0.067
0.050
0.069
0.064
0.059
0.068
0.057
0.075
0.066
0.063
0.073
0.074
0.071
0.071
0.068
0.070
0.073
0.068
0.064
0.072
0.067
0.064
0.069
0.074
0.078
0.065
0.065
0.076
0.074
0.070
0.067
0.073
0.073
0.075
0.062
0.066
0.069
0.070
0.063
0.066
0.071
0.072
0.065
0.066
0.69
0.069
0.065
0.065
0.067
0.066
0.070
0.065
0.057
0.069
0.063
0.060
0.066
0.065
0.074
0.065
0.063
Gary (180890022) ..............................................
Whiting (180890030) ..........................................
Hammond (180892008) ......................................
Valparaiso (181270026) .....................................
0.073
0.081
0.075
0.071
0.085
0.088
0.077
0.080
0.062
0.062
0.068
0.061
0.058
0.062
0.065
0.064
0.064
0.069
0.069
0.061
0.073
0.077
0.073
0.070
0.061
0.064
0.067
0.062
Chiwaukee Prairie (550590019) .........................
0.079
0.085
0.072
0.071
0.081
0.078
0.075
IEPA notes that the 2006–2008 ozone
design values for all monitoring sites are
below the 0.084 ppm attainment level.
We also note that the 2008–2010 ozone
design values for all monitoring sites are
below the 0.084 ppm attainment level.
Therefore, the ozone monitoring data for
the Greater Chicago area and for
Chiwaukee Prairie in Wisconsin show
attainment of the 1997 8-hour ozone
standard.
IEPA commits to continue ozone
monitoring at the Illinois monitoring
sites in accordance with EPA-approved
monitoring plans, as required to confirm
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maintenance of the 1997 8-hour ozone
standard. Should changes in the ozone
monitoring system become necessary,
IEPA commits to work with the EPA to
assure the continued adequacy of the
ozone monitoring network in the Illinois
portion of the Greater Chicago area.
Based on the available ozone
monitoring data, we conclude that the
Greater Chicago area has attained the
1997 8-hour ozone standard, and has
continued to attain this ozone standard
through the most recent three years of
quality-assured ozone monitoring data.
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B. Has State of Illinois met all
applicable requirements of Section 110
and Part D of the CAA for the Illinois
portion of the Greater Chicago area, and
does the Illinois portion of the Greater
Chicago area have a fully approved SIP
under Section 110(k) of the CAA?
In April 2004, the Greater Chicago
area was designated as a moderate
nonattainment area with a June 15,
2010, attainment deadline for the 1997
8-hour ozone standard. Prior to this, the
Greater Chicago area had been
designated as a severe nonattainment
area with a November 15, 2007,
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attainment deadline for the 1-hour
ozone standard. As a result of these
nonattainment designations, the State of
Illinois was required to submit SIP
revisions that meet certain ozone
planning and emission control
requirements of the CAA.
The September 4, 1992, Calcagni
memorandum confirms that a state with
an area seeking redesignation to
attainment has to fully adopt rules and
meet SIP requirements that come due
prior to the submittal of a complete
redesignation request. See also 60 FR
12459, 12465–66 (March 7, 1995)
(redesignation of Detroit-Ann Arbor,
Michigan); 68 FR 25424, 25427 (May 12,
2003) (redesignation of St. Louis); Sierra
Club v. EPA, 375 F.3d 537 (7th Cir.
2004); and, 70 FR 19895, 19900 (April
15, 2005) (redesignation of Cincinnati).
Furthermore, requirements of the CAA
that come due subsequent to the state’s
submittal of a complete redesignation
request would continue to be applicable
to the area until redesignation to
attainment is approved, but are not
required as a prerequisite for
redesignation (see section 175A(c) of the
CAA). If the redesignation is
disapproved or is not completed due to
a subsequent violation of the ozone
standard in the area prior to final
approval of the state’s ozone
redeignation request, the state remains
obligated to fulfill these CAA
requirements.
We are proposing to determine that
the State of Illinois and the Illinois
portion of the Greater Chicago area have
met all currently applicable SIP
requirements for purposes of
redesignation of the Illinois portion of
the Greater Chicago area to attainment
of the 1997 8-hour ozone standard
under section 110 and part D of the
CAA. We have determined that the
Illinois SIP, with the exception of the
2002 base year VOC and NOX emission
inventories and certain VOC RACT
rules: (1) Meets all SIP requirements
currently applicable for purposes of
redesignation under part D of title I of
the CAA, in accordance with section
107(d)(3)(E)(v) of the CAA; and, (2) is
fully approved with respect to all
applicable requirements for purposes of
redesignation to attainment of the 1997
8-hour ozone standard, in accordance
with section 107(d)(3)(E)(ii) of the CAA.
As discussed below in section VII,
EPA is proposing to approve Illinois’
2002 base year VOC and NOX emission
inventories as meeting the SIP emission
inventory requirement of section
182(a)(1) of the CAA. If EPA approves
the emission inventories in a final rule,
Illinois will have met the ozone
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precursor emission inventory
requirements of the CAA.
In the September 16, 2011, submittal
the IEPA submitted VOC emission
control regulations and other rule
revisions needed to meet the VOC RACT
requirements of the CAA.3 On
November 30, 2011, EPA proposed to
approve all of these regulations and rule
revisions as revisions of the Illinois SIP.
If these VOC emission control
regulations and revised rules are
approved through a final rulemaking
and are incorporated into the Illinois
SIP, Illinois will have met the CAA
requirements for VOC RACT.
Recognizing that the base year VOC
and NOX emission inventories and VOC
RACT rules must be approved on or
before we complete final rulemaking
approving Illinois’ ozone redesignation
request, we determine here that,
assuming that these approvals occur,
Illinois will have met all applicable
section 110 and part D SIP requirements
of the CAA for purposes of approval of
Illinois’ ozone redesignation request for
the Illinois portion of the Greater
Chicago area. In making this
determination, we have ascertained
what SIP requirements are applicable to
the Illinois portion of the Greater
Chicago area for purposes of
redesignation.
1. The Illinois Portion of the Greater
Chicago Area Has Met All Applicable
Requirements of Section 110 and Part D
of the CAA for Purposes of
Redesignation
a. Section 110: General Requirements
for Implementation Plans
Section 110(a) of the CAA contains
the general requirements for a SIP.
Section 110(a)(2) provides that the SIP
implemented by a state must have been
adopted by the state after reasonable
public notice and hearing, and that,
among other things, it must: (1) Include
enforceable emission limitations and
other control measures, means or
techniques necessary to meet the
requirements of the CAA; (2) provide for
establishment and operation of
appropriate devices, methods, systems
and procedures necessary to monitor
ambient air quality; (3) provide for
implementation of a source permit
program to regulate the modification
and construction of stationary sources
within the areas covered by the plan; (4)
include provisions for the
implementation of part C PSD and part
D NSR permit programs; (5) include
criteria for stationary source emission
3 Required VOC RACT rule revisions were also
submitted by the IEPA on July 29, 2010 and
September 29, 2011.
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control measures, monitoring, and
reporting; (6) include provisions for air
quality modeling; and, (7) provide for
public and local agency participation in
planning and emission control rule
development.
Section 110(a)(2)(D) of the CAA
requires SIPs to contain measures to
prevent sources in a state from
significantly contributing to air quality
problems in another state. To
implement this provision, EPA has
required certain states to establish
programs to address transport of certain
air pollutants, e.g., NOX SIP call.4
However, the section 110(a)(2)(D) SIP
requirements are not linked with a
particular area’s designation and
classification. EPA concludes that the
SIP requirements linked with an area’s
designation and classification are the
relevant measures to evaluate when
reviewing a redesignation request for
the area. The section 110(a)(2)(D)
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area within the state. Thus, we believe
these requirements are not applicable
requirements for purposes or
redesignation. See 65 FR 37890 (June
15, 2000), 66 FR 50399 (October 19,
2001), 68 FR 25418, 25426–27 (May 13,
2003).
Further, we believe that section
110(a)(2) elements, other than those
described above that are not connected
with nonattainment plan submissions
and that are not linked with an area’s
attainment status are also not applicable
requirements for purposes of
redesignation. A state remains subject to
these requirements regardless of an
area’s designation and after the area is
redesignated to attainment. We
conclude that only the section 110 and
part D requirements that are linked with
an area’s designation and classification
are the relevant measures for evaluating
this aspect of a redesignation request.
This approach is consistent with EPA’s
policy on applicability of conformity
and oxygenated fuel requirements for
redesignation purposes, as well as with
section 184 ozone transport
requirements. See: Reading,
Pennsylvania proposed and final
rulemakings (61 FR 53174–53176,
October 10, 1996 and 62 FR 24826, May
4 On October 27, 1998 (63 FR 57356), EPA issued
a NOX SIP call requiring the District of Columbia
and 22 States to reduce emissions of NOX in order
to reduce the transport of ozone and ozone
precursors. In compliance with EPA’s NOX SIP Call,
IEPA developed rules governing the control of NOX
emissions from Electric Generating Units (EGUs),
major non-EGU industrial boilers and turbines, and
major cement kilns. EPA approved Illinois’ rules as
fulfilling the requirements of the NOX SIP call on
November 8, 2001, at 66 FR 56449 and 66 FR 56454.
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7, 1997); Cleveland-Akron-Loraine,
Ohio final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida final
rulemaking (60 FR 62748, December 7,
1995). See also the discussion on this
issue in the Cincinnati, Ohio ozone
redesignation (65 FR 37890, June 19,
2000), and the Pittsburgh, Pennsylvania
ozone redesignation (66 FR 50399,
October 19, 2001).
We have reviewed the Illinois SIP and
conclude that it meets the general SIP
requirements under section 110 of the
CAA applicable to the State’s request for
redesignation. EPA has previously
approved provisions of the Illinois SIP
addressing section 110 elements under
the 1-hour ozone standard (40 CFR
52.720 and 40 CFR 52.722). Further, in
a submittal dated December 12, 2007,
Illinois confirmed that the State
continues to meet the section 110(a)(2)
infrastructure requirements for the 8hour ozone standard. EPA approved
elements of this Illinois submittal on
July 13, 2011, at 76 FR 41075. The
requirements of section 110(a)(2),
however, are statewide requirements
that are not linked to the 8-hour ozone
nonattainment status of the Illinois
portion of the Greater Chicago area.
Therefore, EPA concludes that these
infrastructure elements are not
applicable requirements for purposes of
review of the State’s 8-hour ozone
redesignation request.
b. Part D Requirements
EPA has determined that, if EPA
finalizes the approval of the 2002 base
year VOC and NOX emission inventories
and the Illinois VOC RACT rules,
discussed below under the heading
‘‘Subpart 2 Section 182(a) and (b)
Requirements,’’ the Illinois SIP will
meet the SIP requirements applicable
for purposes of redesignation under part
D of the CAA for the Illinois portion of
the Greater Chicago area. Subpart 1 of
part D, found in sections 172–176 of the
CAA, sets forth the basic nonattainment
area requirements applicable to all
nonattainment areas. Subpart 2 of part
D, which includes section 182 of the
CAA, establishes additional, specific
requirements for ozone nonattainment
areas depending on an area’s ozone
nonattainment classification.
As noted above, the Greater Chicago
area was classified as moderate
nonattainment for the 1997 8-hour
ozone standard under subpart 2 of part
D of the CAA. Therefore, Illinois must
meet the requirements of subpart 1 and
subpart 2 of part D of the CAA
applicable for purposes of
redesignation. The applicable subpart 1
requirements are contained in sections
172(c)(1)–(9) and 176 of the CAA. The
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applicable subpart 2 requirements are
contained in sections 182(a)–(b)
(moderate nonattainment area
requirements) of the CAA.
Subpart 1 Section 172 Requirements
A thorough discussion of the
requirements contained in section 172
can be found in the General Preamble
for Implementation of Title I (57 FR
13498, April 16, 1992).
Section 172(c)(1) requires the state
plans for all nonattainment areas to
provide for the implementation of
Reasonably Available Control Measures
(RACM), including RACT at a
minimum, as expeditiously as
practicable. EPA interprets this
requirement to impose a duty on all
states with nonattainment areas to
consider all available control measures
and to adopt and implement such
measures as are reasonably available for
implementation in the areas as
components of the areas’ attainment
demonstrations (the attainment
demonstrations must address RACM).
Because attainment of the 1997 8-hour
ozone standard has been reached in the
Greater Chicago area, no additional
RACM measures, beyond RACT, are
needed to provide for attainment, and
section 172(c)(1) requirements (other
than RACT) are no longer considered to
be applicable as a prerequisite for
approval of Illinois’ redesignation
request, provided the Greater Chicago
area continues to attain the standard
until redesignation of the Illinois
portion of the area occurs. See 57 FR
13498, 13564 (April 16, 1991), 40 CFR
51.918.
Section 172(c)(2) requires plans for all
nonattainment areas to provide for RFP
toward attainment of the NAAQS. This
requirement is not relevant to the
Greater Chicago area for purposes of
redesignation because the Greater
Chicago area has monitored attainment
of the 1997 8-hour ozone standard.
General Preamble, 57 FR 13564. In
addition, pursuant to EPA’s
determination of attainment of the 1997
8-hour ozone standard for the Greater
Chicago area, the requirement for RFP
under section 172(c)(2), as well as the
section 172(c)(9) contingency measure
requirement, is suspended pursuant to
40 CFR 51.918.
Section 172(c)(3) requires submission
and EPA approval of a comprehensive,
accurate, and current inventory of actual
emissions. This requirement is
superseded by the emission inventory
requirement in section 182(a)(1) of the
CAA. See the discussion of Illinois’
emissions inventory for the Illinois
portion of the Greater Chicago area
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6749
below in section VII of this proposed
rule.
Section 172(c)(4) requires the
identification and quantification of
emissions for major new and modified
stationary sources to be allowed in an
area, and section 172(c)(5) requires
source permits for the construction and
operation of new and modified major
stationary sources in the nonattainment
area. EPA approved the Illinois NSR
program 5 on December 17, 1992 (57 FR
59928), September 27, 1995 (60 FR
49780), and May 13, 2003 (68 FR
25504). Further, EPA has determined
that, since PSD requirements 6 will
apply after redesignation, an area being
redesignated to attainment need not
comply with the requirement that a NSR
program be approved prior to
redesignation, provided that the state
demonstrates maintenance of the
NAAQS in the area without
implementation of part D NSR. A more
detailed rationale for this view is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
titled ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’ Illinois
has demonstrated that the Greater
Chicago area will be able to maintain
the 1997 8-hour ozone standard without
the continued implementation of the
State’s part D NSR program. Therefore,
EPA concludes that the State need not
have a fully approved part D NSR
program as an applicable requirement
for approval of the State’s ozone
redesignation request. The State’s PSD
program will become effective in the
Chicago area upon redesignation to
attainment of the 1997 8-hour ozone
standard. See redesignation rulemakings
for Detroit, Michigan (60 FR 12467–
12468, March 7, 1995); ClevelandAkron-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 emission control measures
necessary to provide for attainment of
the standard. Because attainment has
been reached in the Greater Chicago
area, no additional emission control
measures are needed to provide for
attainment of the standard.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, in
5 The NSR program controls the growth and
permitting of major source emissions in ozone
nonattainment areas.
6 PSD requirements control the growth of new
source emissions in areas designated as attainment
for a NAAQS.
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section V.B.1.a, we conclude the Illinois
SIP meets the requirements of section
110(a)(2) applicable for purposes of
redesignation.
Section 176 Conformity Requirements
Section 176(c) of the CAA requires
States to establish criteria and
procedures to ensure that Federallysupported or funded activities,
including highway projects, conform to
the air quality planning goals of the
SIPs. The requirement to determine
conformity applies to transportation
plans, programs, and projects
developed, funded, or approved under
title 23 of the U.S. Code and the Federal
Transit Act (transportation conformity)
as well as to all other Federallysupported or funded projects (general
conformity). State conformity SIP
revisions must be consistent with
Federal conformity regulations relating
to consultation, enforcement, and
enforceability, which EPA promulgated
pursuant to CAA requirements.
EPA thinks that it is reasonable to
interpret the conformity SIP
requirements as not applying for
purposes of evaluating the redesignation
request under section 107(d) for two
reasons. First, the requirement to submit
SIP revisions to comply with the
conformity provisions of the CAA
continues to apply to areas after
redesignation to attainment since such
areas would be subject to section 175A
maintenance plans. Second, EPA’s
Federal conformity rules require the
performance of conformity analyses in
the absence of Federally-approved state
rules. Therefore, because areas are
subject to the conformity requirements
regardless of whether they are
redesignated to attainment and, because
they must implement conformity under
Federal rules if state rules are not yet
approved, EPA believes it is reasonable
to view these requirements as not
applying for purposes of evaluating a
redesignation request. See Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), upholding
this interpretation. See also 60 FR
62748, 62749–62750 (December 7, 1995)
(Tampa, Florida).
EPA approved Illinois’ general
conformity SIP on December 23, 1997
(62 FR 67000). Illinois does not have a
Federally-approved transportation
conformity SIP. However, Illinois
performs conformity analyses pursuant
to EPA’s Federal conformity rules.
Illinois has submitted on-road motor
vehicle emission budgets for the Illinois
portion of the Greater Chicago area of
117.23 tons VOC per ozone season
weekday and 373.52 tons NOX per
ozone season weekday for 2008 and
48.13 tons VOC per ozone season
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weekday and 125.27 tons NOX per
ozone season weekday for 2025,
respectively. Illinois must use these
MVEBs in any conformity determination
that is effective on or after the effective
date of the ozone maintenance plan
approval.
Subpart 2 Section 182(a) and (b)
Requirements
As set forth in the September 4, 1992,
and September 17, 1993, EPA guidance
memoranda referenced in section IV of
this action, only those requirements
which came due prior to Illinois’ July
23, 2009, submittal of the request for
redesignation of the Illinois portion of
the Greater Chicago area must be fully
approved into the SIP by the time EPA
approves the redesignation of the area to
attainment. These requirements are
discussed below.
Comprehensive Emissions Inventory.
Section 182(a)(1) requires the
submission of a comprehensive,
accurate, current emission inventory of
ozone precursor emissions as a revision
of the SIP. IEPA submitted inventories
of 2002 VOC and NOX emissions for the
Illinois portion of the Greater Chicago
area on June 21, 2006, to meet the
requirements of section 182(a)(1). On
September 16, 2011, IEPA
supplemented the 2002 emissions
inventory with updated on-road mobile
source emission estimates based on the
use of EPA’s MOVES model. As
discussed below, EPA is proposing to
approve the 2002 emission inventories
as meeting the section 182(a)(1)
emission inventory requirement.
Emission Statements. Section
182(a)(3)(B) requires a State to adopt
provisions in the SIP to require the
owners or operators of stationary
sources of VOC or NOX to provide the
state with annual statements of actual
emissions from the sources. EPA
approved Illinois’ emission statement
SIP revisions on September 9, 1993 (58
FR 47379), and May 15, 2002 (67 FR
34614).
Reasonable Further Progress and
Attainment Demonstrations. On July 2,
2007, IEPA submitted an attainment
demonstration for the Greater Chicago
area and an RFP plan for the Illinois
portion of the Greater Chicago area as
required by section 182(b)(1) of the
CAA. Because attainment has been
reached,7 section 182(b)(1) planning
requirements are no longer considered
to be applicable for purposes of
redesignation as long as the area
7 EPA proposed, on September 24, 2009 (74 FR
48703), to find that the Greater Chicago
nonattainment area had attained the 1997 8-hour
ozone standard. EPA finalized this determination of
attainment on March 12, 2010 (75 FR 12088).
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continues to attain the standard. If EPA
finalizes approval of the redesignation
of the Illinois portion of the Greater
Chicago area, EPA will take no further
action on the ozone attainment
demonstration and RFP plan submitted
by Illinois for this area.
VOC RACT. Section 182(b)(2) requires
states with moderate ozone
nonattainment areas to implement
RACT under section 172(c)(1) with
respect to each of the following: (1) All
sources covered by a Control
Technology Guideline (CTG) document
issued between November 15, 1990, and
the date of attainment; (2) all sources
covered by a CTG document issued
prior to November 15, 1990; and, (3) all
other major non-CTG stationary
sources.8
As required under the 1-hour ozone
standard, Illinois submitted VOC RACT
rules covering the second and third
source categories above. EPA approved
these VOC RACT rules on February 21,
1980 (45 FR 11472), November 21, 1987
(52 FR 45333), and September 9, 1994
(59 FR 46562).
EPA issued CTGs for five source
categories in September 2006, three
source categories in September 2007,
and five source categories in September
2008. States with ozone nonattainment
areas classified as moderate and above
were required to submit VOC RACT for
the source categories covered by these
CTGs within one year after the release
of each CTG, by September 2007,
September 2008, and September 2009,
respectively.
Illinois submitted a SIP revision to
address all of the new CTGs on July 29,
2010, September 16, 2011, and
September 29, 2011. EPA is taking
action on these revisions in a separate
rulemaking action. Full approval of
IEPA’s VOC RACT submittals is a
prerequisite for approval of the
redesignation of the Illinois portion of
the Greater Chicago area to attainment
of the 1997 8-hour ozone standard.
NOX RACT. Section 182(f) of the CAA
establishes NOX requirements for ozone
nonattainment areas. Section 182(f)(1)
generally requires major sources of NOX
to be covered by the same levels of
emission controls as required for major
sources of VOC. Since moderate (or
above) ozone nonattainment areas are
required to be covered by RACT rules
for major VOC sources, these ozone
nonattainment areas are also required to
have NOX RACT rules. Section 182(f)(1)
of the CAA, however, also provides that
the requirement for such NOX emission
8 In moderate ozone nonattainment areas, major
stationary sources of VOC are those that have a
potential emit 100 tons VOC per year or more.
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controls does not apply (can be waived)
in an area if the Administrator
determines that net air quality benefits
are greater in the absence of the NOX
emission reductions. The NOX emission
control requirements can also be waived
if the Administrator determines that
additional reductions of NOX emissions
would not contribute to attainment of
the ozone NAAQS.
In its July 29, 2010, submittal, IEPA
requested a waiver from the NOX RACT
requirements based on the fact that the
1997 8-hour ozone standard had been
attained in the Greater Chicago area and
additional NOX emission reductions in
this area are not needed to attain the
ozone standard. Based on a clean air
determination for this area for the 1997
8-hour ozone standard, EPA granted
Illinois a waiver from NOX RACT for
this area on February 22, 2011 (76 FR
9655).
Stage II Vapor Recovery. Section
182(b)(3) of the CAA requires states
with moderate nonattainment areas to
submit Stage II vapor recovery rules
(requiring the capture of gasoline vapor
at service stations during vehicle
refueling). EPA approved Illinois’ Stage
II vapor recovery regulations on January
12, 1993 (58 FR 3841). Illinois has
implemented and continues to
implement Stage II vapor recovery rules
in the Illinois portion of the Greater
Chicago area.
Vehicle Inspection and Maintenance
(I/M). Section 182(b)(4) of the CAA and
EPA’s final I/M regulations in 40 CFR
part 85 require states with moderate (or
above) ozone nonattainment areas to
submit a fully adopted I/M programs as
a revision of the SIP. EPA approved
Illinois’ enhanced I/M program on
February 22, 1999 (64 FR 8517).
Thus, as discussed above, with EPA
approval of the 2002 base year emission
inventories and Illinois’ VOC RACT
submittals, the Illinois portion of the
Greater Chicago area will satisfy the
requirements applicable for purposes of
redesignation under section 110 and
part D of the CAA.
2. The Illinois Portion of the Greater
Chicago Area Has a Fully Approved SIP
for Purposes of Redesignation Under
Section 110 of the CAA
If EPA issues a final approval of the
2002 base year emission inventories and
the Illinois VOC RACT submittals, EPA
will have fully approved the Illinois SIP
for the Illinois portion of the Greater
Chicago area under section 110(k) of the
CAA for all requirements applicable for
purposes of redesignation. EPA may rely
on prior SIP approvals when rulemaking
on a redesignation request (see page 3 of
the September 4, 1992, John Calcagni
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memorandum; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998), Wall v. EPA, 265 F.3d 426
(6th Cir. 2001)) plus any additional
measures it may approve in conjunction
with a redesignation action. See 68 FR
25412, 25426 (May 12, 2003).
Since the passage of the CAA of 1970,
Illinois has adopted and submitted, and
EPA has fully approved, SIP provisions
addressing various required SIP
elements under the 1-hour ozone
standard. In this action, EPA is
proposing to approve Illinois’ 2002 base
year emission inventories for the Illinois
portion of the Greater Chicago area as
meeting the requirement of section
182(a)(1) of the CAA. As noted above, in
a separate rule, EPA is proposing action
on the Illinois VOC RACT submittals.
No SIP provisions for the Illinois
portion of the Greater Chicago area are
currently disapproved, conditionally
approved, or partially approved.
3. The Illinois Portion of the Greater
Chicago Area Has a Fully Approved SIP
and Meets Anti-Backsliding
Requirements Under the 1-Hour Ozone
Standard
The anti-backsliding provisions at 40
CFR 51.905(a)(1) prescribe 1-hour ozone
NAAQS requirements that continue to
apply after the revocation of the 1-hour
ozone NAAQS for former 1-hour ozone
nonattainment areas. 40 CFR
51.905(a)(1) provides that:
The area remains subject to the obligations
to adopt and implement the applicable
requirements defined in 40 CFR 51.900(f),
except as provided in paragraph (a)(1)(iii) of
this section and except as provided in
paragraph (b) of this section.
40 CFR 51.900(f), as amended by 70 FR
30592, 30604 (May 26, 2005), provides
that:
Applicable requirements means that for an
area that the following requirements, to the
extent such requirements applied to the area
for the area’s classification under section
181(a)(1) of the CAA for the one-hour
NAAQS at the time of designation for the
eight-hour NAAQS, remain in effect:
(1) RACT.
(2) I/M.
(3) Major source applicability cut-offs for
purposes of RACT.
(4) ROP reductions.
(5) Stage II vapor recovery.
(6) Clean fuels fleet program under section
182(c)(4) of the CAA.
(7) Clean fuels for boilers under section
182(e)(3) of the CAA.
(8) TCMs during heavy traffic hours as
provided under section 182(e)(4) of the CAA.
(9) Enhanced (ambient) monitoring under
section 182(c)(1) of the CAA.
(10) TCMs under section 182(c)(5) of the
CAA.
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6751
(11) VMT provisions of section 182(d)(1) of
the CAA.
(12) NOX requirements under section 182(f)
of the CAA.
(13) Attainment demonstration or
alternative as provided under 40 CFR
51.905(a)(1)(ii).
In addition to applicable requirements
listed under 40 CFR 51.900(f) and as
discussed above, the state must also
comply with the 1-hour anti-backsliding
requirements discussed in the Court’s
decisions in South Coast Air Quality
Management Dist. v. EPA: (1) NSR
requirements based on the area’s 1-hour
ozone nonattainment classification; (2)
section 185 source penalty fees; (3)
contingency measures to be
implemented pursuant to section
172(c)(9) or 182(c)(9) of the CAA for
areas not making reasonable further
progress toward attainment of the 1hour ozone NAAQS, or for failure to
attain the 1-hour ozone NAAQS; and,
(4) transportation conformity
requirements for certain types of Federal
actions.
Pursuant to 40 CFR 51.905(c), the
Illinois portion of the Greater Chicago
area is subject to the obligations set
forth in 40 CFR 51.905(a) and 40 CFR
51.900(f). The following paragraphs
address the 1-hour ozone SIP
requirements applicable to the Illinois
portion of the Greater Chicago area
pursuant to these anti-backsliding
requirements and those discussed in the
Court’s decision in South Coast Air
Quality Management Dist. v. EPA. Note
that Illinois commits to continue to
comply with these requirements unless
revised through SIP revisions approved
by EPA.
Prior to the revocation of the 1-hour
ozone standard on June 15, 2005, the
Greater Chicago area was classified as a
severe nonattainment area for the 1-hour
ozone standard with an attainment
deadline of November 15, 2007, and,
therefore, was subject to ozone SIP
requirements for severe 1-hour ozone
nonattainment areas (sections 182(a)
through 182(d) of the CAA). In
reviewing Illinois’ ozone redesignation
request for the Illinois portion of the
Greater Chicago area, we assessed
whether the area satisfied the CAA
requirements under the 1-hour ozone
standard. We conclude that this area
and the State of Illinois have satisfied
all anti-backsliding CAA requirements
applicable to a severe ozone
nonattainment area by complying with
all applicable 1-hour ozone SIP
requirements. The following discusses
how the applicable CAA requirements
have been met in the Illinois portion of
the Greater Chicago area.
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40 CFR 51.900(f)(1)
40 CFR 51.900(f)(2)
RACT
Section 182(a)(2)(A) of the CAA
requires RACT corrections. Section
182(b)(2) requires RACT for each
category of VOC sources covered by a
CTG and for all other major sources of
VOC within an ozone nonattainment
area. Section 182(d) specifies
requirements for severe ozone
nonattainment areas, including a major
source emissions cut-off of 25 tons per
year. Section 182(f), as discussed above
in section V.B.2, requires major sources
of NOX in an ozone nonattainment area
to be covered by emission control
requirements equivalent to those
required for major sources of VOC,
unless EPA waives the NOX emission
control requirements as provided in
section 182(f). The section 182(f) NOX
emission control requirements include
NOX RACT in ozone nonattainment
areas required to implement VOC RACT
for 1-hour ozone nonattainment areas
classified as moderate or above.
Under the 1-hour ozone standard,
EPA fully approved Illinois’ VOC RACT
regulations as SIP revisions for CTG
sources and for major non-CTG sources
through rulemakings on the following
dates: February 21, 1980 (45 FR 11472);
November 21, 1987 (52 FR 45333); and,
September 9, 1994 (59 FR 46562). As
noted elsewhere in this proposed rule,
on September 16, 2011, Illinois EPA
submitted final, adopted VOC emission
control regulations covering CTG-source
categories not yet addressed and
covered by the Illinois ozone SIP. As
noted above, on July 29, 2010, Illinois
submitted a NOX RACT waiver request
for the Illinois portion of the Chicago
area. On February 22, 2011, at 76 FR
9655, we approved Illinois’ NOX RACT
waiver request for this area based on an
ozone clean air determination. This
suspended the NOX RACT requirement
for the Illinois portion of the Greater
Chicago area for as long the Greater
Chicago area continues to attain the
1997 8-hour ozone standard, and
becomes permanent for the 1997 8-hour
ozone standard if EPA approves the
redesignation of the Illinois portion of
the Greater Chicago area to attainment
of this standard.
As noted elsewhere in this proposed
rule, we cannot approve Illinois’ ozone
redesignation request in a final rule
until we can also approve all of Illinois’
required VOC RACT rules through a
final rule. With these new final rule
approvals, we can conclude that Illinois
has met all RACT requirements under
the 1-hour ozone standard, as well as
the 1997 8-hour ozone standard.
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Vehicle I/M
Through rulemaking on February 22,
1999 (64 FR 8517), EPA fully approved
Illinois’ vehicle I/M program as meeting
the enhanced I/M requirements of
section 182(c)(3) of the CAA. Therefore,
the Illinois portion of the Greater
Chicago area meets the I/M
requirements for severe 1-hour ozone
nonattainment areas.
40 CFR 51.900(f)(3)
Cutoff for RACT
Major Source Size
We have determined that Illinois’
VOC RACT rules for CTG source
categories already incorporated into
Illinois’ ozone SIP and the new CTGbased VOC RACT rules currently being
reviewed by the EPA cover source size
cut-offs that are well below CTGrecommended major source cut-offs for
severe ozone nonattainment areas. In
addition, Illinois’ major non-CTG source
RACT rule covers all sources with the
potential to emit VOC at or in excess of
25 tons per year. Therefore, Illinois’
RACT rules meet the major source size
cut-off requirement of section 182(d) of
the CAA.
40 CFR 51.900(f)(4)
ROP
Sections 182(b)(1)(A) and 182(c)(2)(B)
of the CAA establish the ROP
requirements for ozone nonattainment
areas. EPA has fully approved Illinois’
SIP revisions that demonstrate that
Illinois achieved ROP in the Illinois
portion of the Greater Chicago area. On
December 18, 1997, at 62 FR 66279, EPA
approved Illinois’ plan to achieve a 15
percent reduction in VOC emissions in
the Illinois portion of the Greater
Chicago area, as required in section
182(b) of the CAA. On December 18,
2000, at 65 FR 78961, EPA approved
Illinois’ plan to achieve ROP between
1996 and 1999 in this area, meeting the
ROP requirements of section 182(c) of
the CAA. Finally, on November 13,
2001, at 66 FR 56904, EPA approved
Illinois’ plan to achieve ROP emission
reductions for the period of 1999
through 2007. Therefore, Illinois has
met all 1-hour ozone ROP requirements
for the Illinois portion of the Greater
Chicago area.
40 CFR 51.900(f)(5)
Vapor Recovery
Stage II Gasoline
On January 12, 1993 (58 FR 3841),
EPA approved Illinois’ Stage II gasoline
vapor recovery rules for the Illinois
portion of the Greater Chicago area as
required by section 182(b)(3) of the
CAA.
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40 CFR 51.900(f)(6) Clean Fuel Fleet
Program
On March 19, 1996, at 61 FR 11139,
EPA approved Illinois’ clean fuel fleet
program rules as required by section
182(c)(4) of the CAA. Therefore, the
State of Illinois has met this CAA
requirement under the 1-hour ozone
standard.
40 CFR 51.900(f)(7) Clean Fuels for
Boilers
Section 182(e)(3) of the CAA, which
requires clean fuels for boilers, does not
apply to the Greater Chicago area. This
CAA requirement only applies to
extreme ozone nonattainment areas.
40 CFR 51.900(f)(8) Traffic Control
Measures During Heavy Traffic Hours
This requirement applies to areas
subject to section 182(e)(4) of the CAA,
which covers extreme ozone
nonattainment areas, and, therefore,
does not apply to the Greater Chicago
area.
40 CFR 51.900(f)(9) Enhanced
Ambient Monitoring
On February 25, 1994, EPA fully
approved Illinois’ SIP revision
establishing an enhanced monitoring
program for ozone in the Illinois portion
of the Greater Chicago area. Therefore,
Illinois has complied with the enhanced
monitoring requirement of section
182(c)(1) of the CAA.
40 CFR 51.900(f)(10) Transportation
Control Measures
Within six months of November 15,
1990, and every three years thereafter,
section 182(c)(5) of the CAA requires
states to submit a demonstration that
current aggregate vehicle mileage,
aggregate vehicle emissions, congestion
levels, and other relevant traffic-related
and vehicle emissions-related factors
(collectively ‘‘relevant parameters’’) are
consistent with those used for the area’s
ozone attainment demonstration for
serious and above 1-hour ozone
nonattainment areas. If the levels of
relevant parameters that are projected in
the attainment demonstration are
exceeded, a state has 18 months to
develop and submit a revision to the SIP
to include TCMs to reduce mobile
source emissions to levels consistent
with the emission levels in the
attainment demonstration.
On December 26, 2000, Illinois
submitted a SIP revision request
consisting of an adopted emissions
control strategy and a demonstration
that the Greater Chicago area would
attain the 1-hour ozone standard by
November 15, 2007, the statutory
attainment deadline for the area. EPA
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approved this requested SIP revision on
November 13, 2001 (66 FR 56904). This
SIP revision provided base period
mobile source information for the
Chicago area that can be compared to
subsequent mobile source information
needed to demonstrate compliance with
section 182(c)(5) of the CAA. Through
revisions to State’s emissions inventory
data, submitted to EPA every three
years, Illinois has updated the mobile
source emissions, and related mobile
source data, in the Illinois portion of the
Greater Chicago area on a three-year
cycle. These updated mobile source
emissions can be compared to those
documented in the December 26, 2000
Illinois submittal to show the
downward trend in mobile source
emissions. EPA, therefore, concludes
that Illinois has complied with the
requirements of section 182(c)(5), has no
currently due section 182(c)(5)
obligations.
In addition, the section 182(c)(5)
requirements are also included in those
measures subject to EPA’s interpretation
under EPA’s May 10, 1995, Clean Data
Policy memorandum. That is,
attainment of the 1-hour ozone standard
suspends the need for the State to
submit additional TCMs under section
182(c)(5) of the CAA. EPA, therefore,
concludes that, since the Greater
Chicago area is attaining the 1-hour
ozone standard,9 any requirement for
submitting the section 182(c)(5)
measures for the Illinois portion of the
Greater Chicago area is suspended. See
also 40 CFR 51.918.
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40 CFR 51.900(f)(11) Vehicle Miles
Travelled
Section 182(d)(1)(A) of the CAA
requires severe ozone nonattainment
areas to offset the growth in emissions
attributed to growth in VMT; to select
and implement TCMs necessary to
comply with the periodic emission
reduction requirements of sections
182(b) and (c); and, to consider TCMs
specified in section 108(f) of the CAA,
and implement TCMs as necessary to
demonstrate attainment with the ozone
standard. Through rulemaking on
September 21, 1995, at 60 FR 48896,
EPA approved Illinois’ TCMs as meeting
these requirements of the CAA.
40 CFR 51.900(f)(12) NOX
Requirements Under Section 182(f)
As noted above, EPA approved a NOX
emissions control waiver for the Illinois
portion of the Greater Chicago area for
the 1-hour ozone standard. See 61 FR
2428, January 26, 1996. In addition, we
have approved Illinois’ NOX emission
9 See
73 FR 79652 (December 30, 2008).
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control regulations, adopted in response
to EPA’s NOX SIP call. See 66 FR 56449
and 66 FR 56454, both published on
November 8, 2001.
the Illinois portion of the Greater
Chicago area and to the State of Illinois.
40 CFR 51.900(f)(13) Ozone
Attainment Demonstration
Sections 172(c)(9) and 182(c)(9) of the
CAA require the ozone control portion
of SIPs to contain measures to be
implemented in the event that any
milestone (standard attainment date,
rate-of-progress emission reduction
milestone dates, etc.) in the SIP is
missed. EPA approved Illinois’
contingency measures for attainment of
the 1-hour ozone standard in the Greater
Chicago area in our approval of the
State’s 1-hour ozone attainment plan.
See 66 FR 56904, November 13, 2001.
As noted above, on November 13,
2001, at 66 FR 56904, EPA fully
approved Illinois’ 1-hour ozone
attainment demonstration SIP revision
for the Greater Chicago area. Therefore,
Illinois has met the ozone attainment
demonstration requirements of sections
182(b)(1)(A) and 182(c)(2)(A) of the
CAA for the 1-hour ozone standard.
New Source Review
As noted elsewhere in this proposed
rule, EPA believes that a part D NSR
program is not an applicable
requirement for purposes of evaluating
an ozone redesignation request. EPA has
determined that states with areas being
redesignated to attainment need not
have an approved part D NSR program,
provided that the states demonstrate
maintenance of the standard without
part D NSR programs in effect.
Nonetheless, as also discussed above,
the Court’s decision in South Coast Air
Management Dist. v. EPA preserved
1-hour part D NSR requirements as an
anti-backsliding requirement. Section
182(a)(2)(C) of the CAA requires states
to adopt part D NSR permit programs
and to correct the existing part D NSR
permit programs to meet EPA NSR
guidance issued prior to 1990. EPA
approved Illinois’ NSR permit program
as meeting EPA’s guidance and CAA
part D NSR requirements for the 1-hour
ozone standard, including the
requirements in sections 182(c)(6), (c)(7)
and (c)(8), and the source offset
requirements in section 182(d)(2),
through rulemakings on September 27,
1995 (60 FR 49778).
Regardless of how one views the part
D NSR requirements of the CAA for
purposes of redesignation, we
concluded that Illinois has met the NSR
requirements with regard to Illinois’
ozone redesignation request. The State
has an approved NSR program, and the
approval status of this NSR program is
not relevant to Illinois’ ozone
redesignation request.
Section 185 Source Emission Penalty
Fees
On December 30, 2008 (73 FR 79652),
EPA finalized a determination that the
Greater Chicago area had attained the
1-hour ozone standard based on 2005–
2007 ozone data. Based on the
determination of attainment, the section
185 fee requirements no longer apply to
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Contingency Measures
Transportation Conformity
The transportation conformity portion
of the court’s ruling in South Coast Air
Quality Management District v. EPA
does not impact the redesignation
request for the Illinois portion of the
Greater Chicago area because there are
no transportation conformity
requirements that are relevant to
redesignation requests for any standard,
including the requirement for a state to
submit a transportation conformity
SIP.10 Under longstanding EPA policy,
EPA thinks that it is reasonable to
interpret the conformity SIP
requirements as not applying for
purposes of evaluating a redesignation
request under section 107(d) because
State conformity rules are still required
after redesignation and Federal
conformity rules apply where state rules
have not been approved. See 40 CFR
51.390. Also see Wall v. EPA, 265 F.3d
426 (6th Cir. 2001), upholding this
interpretation, and 60 FR 62748
(December 7, 1995) (Tampa, Florida
ozone redesignation).
Conclusions
For the above reasons, EPA concludes
that Illinois has met all applicable part
D SIP requirements for the 1-hour ozone
standard as addressed in the court’s and
EPA’s anti-backsliding requirements for
the purposes of redesignation of the
Illinois portion of the Greater Chicago
area to attainment of the 1997 8-hour
ozone standard. It is again noted that the
State of Illinois has committed in its
maintenance plan to maintain the VOC
and NOX emission controls already in
place and included in Illinois’ ozone
SIP, as approved by EPA.
10 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
Federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from MVEBs that are
established in control strategy SIPs and
maintenance plans.
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C. Are the air quality improvements in
the Greater Chicago area due to
permanent and enforceable emission
reductions?
EPA finds that Illinois has
demonstrated that the observed air
quality improvement in the Greater
Chicago area is due to permanent and
enforceable reductions in emissions
resulting from the implementation of
the Illinois and Indiana SIPs, Federal
measures, and other State-adopted
measures. As discussed below, Illinois
made this demonstration by considering
VOC and NOX emissions in the entire
Greater Chicago area as well as emission
reductions in upwind areas (primarily
resulting from the implementation of
EPA’s NOX SIP call) contributing to
pollution transport into the Greater
Chicago area.
In making this demonstration, Illinois
first determined and documented the
changes in VOC and NOX emissions in
the Illinois portion of the Greater
Chicago area between 2002 (a standardviolation year) and 2008 (an attainment
year). Second, the State documented the
VOC and NOX emission controls that
have been implemented in the Greater
Chicago area. Illinois demonstrated that
the reductions in emissions and the
corresponding improvement in air
quality over the intervening period
(2002–2008) can be attributed to a
number of regulatory control measures
that the Greater Chicago area and
upwind areas have implemented in
recent years.
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1. Permanent and Enforceable Controls
Implemented
The following is a discussion of the
permanent and enforceable emission
control measures that have been
implemented in the Greater Chicago
area and in upwind areas that have
resulted in VOC and NOX emission
reductions subsequent to the ozone
standard violation period (2001–2003)
in the Greater Chicago area.
a. Attainment Demonstration Emission
Control Measures
On March 18, 2009, IEPA submitted
an ozone attainment demonstration plan
for the Greater Chicago area to EPA.
Even though EPA has not taken action
on this attainment demonstration as a
revision of the Illinois SIP,11 Illinois
notes that the VOC and NOX emission
controls contained in the attainment
plan have been implemented, resulting
11 Since EPA has determined that the Greater
Chicago nonattainment area has attained the 1997
8-hour ozone standard (March 12, 2010, 75 FR
12088), EPA concludes that it is not necessary for
it to take action on Illinois’ ozone attainment
demonstration.
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in VOC and NOX emission reductions
that have contributed to attainment of
the 1997 8-hour ozone standard in the
Greater Chicago area. The implemented
emission control measures include the
following:
• NOX SIP call emission controls
• New Source Performance Standards
(NSPS), National Emission Standards
for Hazardous Air Pollutants
(NESHAPS), and Maximum Available
Control Technology (MACT) standards
for new sources
• VOC Solvent Category Emission
Controls: Aerosol Coatings;
Architectural and Industrial
Maintenance (AIM) Coatings; and
Consumer Solvents
• Enhanced Vehicle Inspection and
Maintenance
• Reformulated Gasoline
• Federal Tier 2 Motor Vehicle
Emission Standards and Gasoline Sulfur
Control Requirements
• Federal On-Highway Heavy-Duty
Engine and Vehicle Standards, and
Federal Highway Diesel Fuel Sulfur
Control Requirements
• Federal Off-Road Mobile Source
Emission Control Programs Incorporated
into EPA’s NONROAD Emissions
Model, including EPA’s Nonroad Diesel
Emissions Control Rule and Evaporative
Large Spark Ignition and Recreational
Vehicle Standards
• Federal Tier 4 Nonroad Diesel
Engine Standards and Diesel Fuel Sulfur
Content Restrictions
• Marine Compression-Ignition
Engine Standards and Locomotive
Engine Standards
• Consent Decrees requiring emission
controls for: Dynergy Midwest
Generation; Conoco Phillips; CITGO;
Exxon-Mobil; Marathon Ashland; and
Archer Daniels Midland.
All of these emission controls are
permanent and are currently being
enforced by the State or by the Federal
government.
b. Reasonable Further Progress (RFP)
Since the Greater Chicago area was
classified as a moderate nonattainment
area for the 1997 8-hour ozone standard,
Illinois was required to achieve a 15
percent net reduction in VOC emissions
in the Illinois portion of the Greater
Chicago area between 2002 and 2008 to
meet the RFP requirements of CAA
section 182(b)(1)(A). These emission
reductions were primarily achieved
through the implementation of the
emission controls listed above for the
ozone attainment demonstration plan.
These emission controls resulted in a
15.7 percent reduction in VOC
emissions in the Illinois portion of the
Greater Chicago area between 2002 and
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2008, and continued to provide
additional VOC emission controls in
2009 and 2010. IEPA estimates that
these VOC emission controls resulted in
a VOC emission reduction of 210 tons
per day between 2002 and 2008 in the
Illinois portion of the Greater Chicago
area.
c. Reasonably Available Control
Technology
RACT is required for all major
stationary sources of VOC in the Greater
Chicago area. Since the Greater Chicago
area was designated as a moderate
nonattainment area for ozone under the
1997 8-hour ozone standard, a major
stationary source is any source that has
a potential to emit VOC equal to or
greater than 100 tons per year. EPA
defines RACT as the lowest emission
limitation that a source is capable of
meeting by the application of control
technology that is reasonably available
considering technological feasibility and
economic reasonableness (70 FR 71612,
November 29, 2005). The sum of
emissions from all emission units at a
source facility determines if the source
facility is a major source and, therefore,
subject to RACT requirements.
Sections 172 and 182(b)(2) of the CAA
required implementation of VOC RACT
for sources that are subject to CTGs that
have been published by the EPA. In
addition to CTG source categories, major
VOC sources that are not covered by any
CTG must also be covered by State
RACT regulations.
Illinois has adopted and implemented
all required VOC RACT regulations with
the exception of source categories
covered by CTGs published in 2006,
2007, and 2008. The State has
documented that the implemented VOC
RACT rules have reduced VOC
emissions in the Illinois portion of the
Greater Chicago area, contributing to the
attainment of the 1997 8-hour ozone
standard in the Greater Chicago area.
d. Additional Emission Control
Measures
In addition to VOC emission
reductions resulting from the
implementation of VOC RACT in the
Illinois portion of the Greater Chicago
area, IEPA points out that additional
VOC emission reductions were achieved
in this area as the result of the
implementation of MACT and achieving
NESHAPS for VOC sources that also
emit toxic chemicals, and
implementation of NSPS for new VOC
sources. Illinois believes that all of these
emission control requirements are more
stringent than RACT, and, therefore,
have resulted in additional VOC
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for passenger vehicles weighing over
8,500 pounds were not implemented
until 2008 or later.
e. Federal Emission Control Measures
Heavy-Duty Diesel Engine Rule. EPA
issued this rule in January 2001 (66 FR
Reductions in VOC and NOX
5002). This rule includes standards
emissions have occurred statewide and
limiting the sulfur content of diesel fuel,
in upwind areas as a result of Federal
which went into effect in 2004. A
emission control measures, with
additional emission reductions expected second phase took effect in 2007, which
further reduced the highway diesel fuel
to occur in the future. Federal emission
control measures include the following. sulfur content to 15 parts per million,
leading to additional reductions in
Tier 2 Emission Standards for
combustion NOX and VOC emissions.
Vehicles and Gasoline Sulfur Standards.
This rule is expected to achieve a 95
40 CFR part 86, subpart S. These
percent reduction in NOX emissions
emission control requirements result in
from diesel trucks and buses.
lower VOC and NOX emissions from
Non-Road Diesel Rule. EPA issued
new cars and light duty trucks,
this rule in June 2004 (69 FR 38958),
including sport utility vehicles. The
which applies to diesel engines used in
Federal rules were phased in between
industries, such as construction,
2004 and 2009. EPA has estimated that,
agriculture, and mining. It is estimated
by the end of the phase-in period, the
that compliance with this rule will cut
following vehicle NOX emission
NOX emissions from non-road diesel
reductions will occur nationwide:
engines by up to 90 percent. The nonPassenger cars (light duty vehicles) (77
road diesel rule was fully implemented
percent); light duty trucks, minivans,
by 2010.
and sports utility vehicles (86 percent);
NSPS, NESHAPS, and MACT. A
and larger sports utility vehicles, vans,
broad range of emission sectors are
and heavier trucks (69 to 95 percent).
subject to Federal NSPS, NESHAPS, and
VOC emission reductions are expected
MACT standards with compliance
to range from 12 to 18 percent,
deadlines that led to VOC emission
depending on vehicle class, over the
reductions after 2002 and prior to 2008/
same period. Although some of these
2009.
emission reductions occurred by the
f. Controls To Remain in Effect
attainment years (2006–2008) in the
Greater Chicago area, additional
Illinois commits to maintain all of the
emission reductions will occur during
current emission control measures for
the maintenance period for the Illinois
VOC and NOX after the Illinois portion
portion of the Greater Chicago area. For
of the Greater Chicago area is
example, the Tier 2 emission standards
redesignated to attainment. Illinois also
reductions in the Illinois portion of the
Greater Chicago area.12
commits to submit any emission control
revisions needed for maintenance of the
ozone standard in the Greater Chicago
area to the EPA as requested SIP
revisions. Illinois has the legal authority
and necessary resources to actively
enforce against any violations of the
State’s air pollution emission control
rules.
2. Emission Reductions
Illinois chose 2008 (the end of the
3-year period in which the Greater
Chicago area first attained the 1997
8-hour ozone standard) as the
attainment year. IEPA compared 2002
and 2008 VOC and NOX emissions to
show that emission reductions have
occurred in the area, explaining the
ozone air quality improvement in the
area.
As required by sections 172(c)(3) and
182(a)(1) of the CAA and EPA’s Phase
2 ozone implementation rule (November
29, 2005, at 70 FR 71612), IEPA
prepared comprehensive VOC and NOX
emission inventories for 2002. These
emission inventories and their
documentation were submitted to the
EPA in June 2006. Table 2 summarizes
the 2002 VOC and NOX emissions by
source category and by pollutant for the
Illinois portion of the Greater Chicago
area. For a discussion of emission
inventory preparation methods used to
develop these emission inventories, see
the discussion of 2002 base year
emission inventories below in section
VII of this proposed rule.
TABLE 2—TOTAL ANTHROPOGENIC VOC AND NOX EMISSIONS IN THE ILLINOIS PORTION OF THE GREATER CHICAGO AREA
IN 2002
[Tons per ozone season weekday]
Source category
VOC
NOX
76.62
520.21
168.06
233.77
307.73
42.93
540.13
326.65
Total ..................................................................................................................................................
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Point Sources ..........................................................................................................................................
Area Sources ...........................................................................................................................................
On-Road Mobile Sources ........................................................................................................................
Off-Road Mobile Sources ........................................................................................................................
998.66
1217.44
To demonstrate that VOC and NOX
emissions have decreased between a
standard violation year and the
attainment year, IEPA documented the
VOC and NOX emissions in the Illinois
portion of the Greater Chicago area for
2008 and compared these emissions to
those in 2002.
For the attainment year, point source
emissions were compiled from 2008
annual emission reports submitted to
the IEPA, in compliance with the State’s
point source emission statement
reporting regulations, and from EPA’s
Clean Air Markets Division emissions
database for electric utilities. Area
sources were projected from the 2002
area source emissions using source typespecific growth factors. On-road mobile
source emissions were calculated using
EPA’s MOVES emissions model and
vehicle miles travelled data provided by
the Illinois Department of
Transportation. Off-road emissions were
calculated using EPA’s NONROAD
emissions model. These emission
estimation procedures are consistent
with those used to develop the 2002
emission inventories. Biogenic
emissions were not included in the 2008
emission inventories (and also not in
the 2002 emission inventories) because
it was assumed that these emissions are
12 It should be noted that Illinois’ VOC RACT
rules generally exclude sources subject to MACT,
NSPS, and NESHAPS from VOC RACT rules’
emission reduction requirements. Nonetheless, we
agree that additional emission reduction
requirements have further lowered VOC emissions
in the subject area.
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approximately constant over the time
period (2002–2008) considered.
Table 3 summarizes the 2008 VOC
and NOX emissions in the Illinois
portion of the Greater Chicago area.
From this table and table 2, it can be
seen that VOC and NOX emissions have
decreased significantly in the Illinois
portion of the Greater Chicago area
between 2002 and 2008. IEPA concludes
that the decrease in VOC and NOX
emissions during the 2002–2008 period
are primarily due to the implementation
of permanent and enforceable emission
controls, and are the primary cause
(along with emission reductions in the
Indiana portion of the Greater Chicago
area) of the ozone air quality
improvement in the Greater Chicago
area. We concur with the State’s
conclusion.
TABLE 3—TOTAL ANTHROPOGENIC
VOC AND NOX EMISSIONS IN THE
ILLINOIS PORTION OF THE GREATER
CHICAGO AREA IN 2008
[Tons per ozone season weekday]
Source category
VOC
NOX
To address the possibility of future
NAAQS violations, the maintenance
plan must contain contingency
measures with a schedule for
implementation, as EPA deems
necessary, to assure prompt correction
of any future standard violations.
The September 4, 1992, John Calcagni
memorandum provides additional
guidance on the content of maintenance
plans. The memorandum clarifies that
an ozone maintenance plan should, at
minimum, address the following: (1)
The attainment VOC and NOX emission
inventories; (2) a maintenance
TABLE 4—2002 AND 2008 VOC AND demonstration showing maintenance for
NOX EMISSIONS TOTALS IN THE the 10-year maintenance period; (3) a
commitment to maintain the existing
GREATER CHICAGO AREA
monitoring network; (4) factors and
[Tons per ozone season/summer weekday]
procedures to be used for verification of
continued attainment of the NAAQS;
Source category
VOC 2002
VOC 2008
and, (5) a contingency plan to prevent
Point Sources ...
101.18
71.87 or correct future violations of the
Area Sources ....
555.30
382.15 NAAQS.
On-Road Mobile
2. Attainment Inventory
Sources .........
188.06
129.65
As noted above, 2008 is the final year
Off-Road Mobile
Sources .........
268.86
281.06 of the 3-year period (2006–2008) in
which all ozone monitors in the Greater
Total VOC ..
1113.4
864.7 Chicago nonattainment area recorded
attainment of the 1997 8-hour ozone
NOX 2002
NOX 2008
standard. Therefore, IEPA chose 2008 as
Point Sources ...
494.17
272.82 an attainment year. The discussion
Area Sources ....
48.65
45.08 above describes how Illinois derived the
On-Road Mobile
2008 VOC and NOX emission
Sources .........
595.13
422.89 inventories for the Illinois portion of the
Off-Road Mobile
Greater Chicago area.
of the Greater Chicago area above gives
the total 2002 and 2008 VOC and NOX
emissions for the Greater Chicago area.
The total 2002 and 2008 VOC and NOX
emissions for the Greater Chicago area
are listed in table 4 of this proposed
rule. The change in emissions between
2002 and 2008 emissions for the Greater
Chicago area shows that VOC and NOX
emissions have significantly decreased
in this area between 2002 and 2008. We
conclude that these emission reductions
have contributed to attainment of the
ozone standard in this area.
53.27
351.51
154.50
38.56
117.23
373.52
265.44
330.18
Total ...........
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Point Sources ...
Area Sources ....
On-Road Mobile
Sources .........
Off-Road Mobile
Sources .........
787.45
896.76
Sources .........
365.26
360.02
One must also consider the total VOC
and NOX emissions for the Greater
Chicago area. EPA has consistently
concluded that emissions from all
portions of ozone nonattainment areas
have the potential to contribute to ozone
standard violations anywhere within the
ozone nonattainment areas. Therefore,
for the Greater Chicago area, it is
important to also consider the changes
in VOC and NOX emissions from the
Indiana portion of the Greater Chicago
area. In a March 12, 2010, proposed
rulemaking (75 FR 12090) addressing an
ozone redesignation request from the
State of Indiana, we discussed the 2002,
2006, and 2010 VOC and NOX emissions
for Lake and Porter Counties, Indiana.
Table 2 of that proposed rule (75 FR
12103) lists 2002 VOC and NOX
emissions for Lake and Porter Counties,
and table 7 of that proposed rulemaking
(75 FR 12106) lists 2006 and 2010 VOC
and NOX emissions for these counties.
The 2006 and 2010 emissions may be
interpolated to estimate the 2008
emissions for Lake and Porter Counties.
Adding 2002 and estimated 2008 Lake
and Porter Counties’ emissions to those
in tables 2 and 3 for the Illinois portion
Total NOX ..
1503.2
1100.8
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Besides the 2002–2008 reductions in
VOC and NOX emissions in the Illinois
and Indiana portions of the Greater
Chicago area, IEPA also notes that
upwind areas have lowered their VOC
and NOX emissions during this period.
Illinois, however, has not documented
these emission reductions in the
redesignation request.
D. Does Illinois have a fully approvable
ozone maintenance plan?
1. Maintenance Plan Requirements
Section 175A of the CAA sets forth
the required elements of a maintenance
plan for areas seeking redesignation
from nonattainment to attainment.
Under section 175A, the maintenance
plan must demonstrate continued
attainment of the applicable NAAQS for
at least 10 years after the Administrator
approves a redesignation to attainment.
Eight years after the redesignation, the
state must submit a revised maintenance
plan which demonstrates that
attainment of the NAAQS will continue
to be maintained for 10 years following
the initial 10-year maintenance period.
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3. Has the State documented
maintenance of the ozone standard in
the Illinois portion of the Greater
Chicago area?
The maintenance plan, as revised in
the State’s September 16, 2011,
submittal, shows maintenance of the
1997 8-hour ozone standard through
2025 by showing that future (2015,
2020, and 2025) VOC and NOX
emissions for the Illinois portion of the
Greater Chicago area remain at or below
attainment year (2008) emission
levels.13
Point source emissions in the Illinois
portion of the Greater Chicago area were
projected to 2015, 2020, and 2025 using
2002 and 2008 point source emissions
and source category-specific growth
factors. Area source emissions were
similarly projected to 2015, 2020, and
2025 using the 2002 and 2008 area
source emissions and source categoryspecific growth factors. Area source
category emissions, determined using
county populations, were projected by
13 A maintenance demonstration need not be
based on ozone modeling. See Wall v. EPA, 375
F.3d 537 (7th Cir. 2004). See also 66 FR 53094,
53099–53100 (October 19, 2001), and 68 FR 25413,
25430–25432 (May 12, 2003).
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using projected growth in countyspecific populations. Off-road mobile
source emissions were projected using
the 2002 emissions and growth factors
contained in EPA’s NONROAD model.
On-road mobile source emissions were
estimated using projected VMT levels
and the MOVES model. The projected
mobile source emissions assumed the
continued use of reformulated gasoline,
the phase-in of Tier 2 motor vehicle
emission standards, and the operation of
an enhanced vehicle inspection and
maintenance program in the Illinois
portion of the Greater Chicago area.
Table 5 compares the VOC and NOX
emissions estimated for the Illinois
portion of the Greater Chicago area for
6757
2008 with those for 2015, 2020, and
2025 by source category. The projected
VOC and NOX emissions show that VOC
and NOX emissions in Illinois portion of
the Greater Chicago area are expected to
remain below the attainment levels
throughout the 10-year-plus
maintenance period.
TABLE 5—2008 AND PROJECTED VOC AND NOX EMISSIONS IN THE ILLINOIS PORTION OF THE GREATER CHICAGO AREA
[Tons per ozone season weekday]
Source Category
VOC 2008
VOC 2015
VOC 2020
VOC 2025
Point Sources ..................................................................................
Area Sources ...................................................................................
On-Road Mobile Sources ................................................................
Off-Road Mobile Sources ................................................................
53.27
351.51
117.23
265.44
62.02
363.86
50.33
90.83
67.63
385.73
37.98
84.16
72.79
406.96
41.35
90.25
Total ...................................................................................
787.45
567.04
575.50
611.85
NOX 2008
NOX 2015
NOX 2020
NOX 2025
Point Sources ..................................................................................
Area Sources ...................................................................................
On-Road Mobile Sources ................................................................
Off-Road Mobile Sources ................................................................
154.50
38.56
373.52
330.18
150.06
39.85
197.14
106.36
171.13
40.57
116.69
84.34
180.13
41.35
108.93
96.70
Total ...................................................................................
896.76
493.41
412.73
427.11
Illinois has successfully demonstrated
maintenance of the 1997 8-hour ozone
standard between 2008 and 2025. In
addition, VOC and NOX emissions in
the Greater Chicago area are projected to
decline between 2006 and 2020 (see
table 8 in the proposed rule to
redesignate Lake and Porter Counties,
Indiana to attainment of the 1997 8-hour
ozone standard, March 12, 2010, 75 FR
12106).
IEPA has demonstrated maintenance
of the 1997 8-hour ozone standard
during the 10-year ozone maintenance
period for the Illinois portion of the
Greater Chicago area through projected
VOC and NOX emissions that show that
the emissions will remain below the
2008 attainment levels during the
maintenance period.
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4. What is the Contingency Plan for the
Illinois Portion of the Greater Chicago
Area?
Section 175A of the CAA requires the
maintenance plan to include such
contingency measures as EPA deems
necessary to assure that the state will
promptly correct a violation of the
NAAQS that might occur after
redesignation. The maintenance plan
must identify the contingency measures
to be considered for possible adoption,
a schedule and procedure for adoption
and implementation of the selected
contingency measures, and a time limit
for action by the state. The state should
also identify specific indicators to be
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used to determine when the
contingency measures need to be
adopted and implemented. The
maintenance plan must include a
requirement that the state will
implement all measures with respect to
control of pollutant(s) that were
controlled through the SIP before the
redesignation of the area to attainment.
See section 175A(d) of the CAA.
As required by section 175A of the
CAA, Illinois has adopted a contingency
plan to address possible future ozone air
quality problems. The contingency plan
has two levels of actions/responses
depending on whether a violation of the
1997 8-hour ozone standard is only
threatened (Level I) or has actually
occurred (Level II).
A Level I response will be triggered
whenever: (1) An annual (1-year) fourthhigh daily maximum 8-hour ozone
concentration of 84 parts per billion
(ppb) (0.084 ppm) is monitored at any
site in the Greater Chicago area; or, (2)
the Illinois portion of the Greater
Chicago area’s NOX or VOC emissions
increase more than 5 percent above the
2006 emissions levels.14 A Level I action
14 Illinois commits to compiling VOC and NO
X
emission inventories every three years for the
duration of the maintenance period to facilitate
emission trends analyses. The 2006 emissions
levels were derived as part of the three-year cycle
of updating emission estimates. Although 2008 is
the year used to demonstrate the emission
reductions leading to the attainment of the 1997
8-hour ozone standard and as the base year for the
demonstration of maintenance of this ozone
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will consist of a study of whether
adverse air quality or adverse emission
trends are likely to continue. If so,
Illinois will determine what and where
emission controls will be needed to
avoid a violation of the 1997 8-hour
ozone standard. The study will be
completed within 9 months after the
action is triggered. If necessary,
emission control measures will be
adopted within 18 months of
determination of the Level I triggering
and implemented as expeditiously as
practicable, taking into consideration
the ease of implementation and the
technical and economic feasibility of the
selected measures.
A Level II response will be triggered
when a violation of the 1997 8-hour
ozone standard is monitored at any
monitoring site in the Greater Chicago
area. If triggered, the IEPA will conduct
a thorough study to determine the
appropriate emission control measures
to address the cause of the ozone
standard violation. Analysis will be
completed within 6 months of the
triggering of the Level II response.
Selected emission control measures will
be implemented within 18 months of
the determination of the ozone standard
violation.
standard, IEPA chose the 2006 emissions levels as
the base year for the Level I contingency emissions
growth trigger. 2006 is part of the 2006–2008 period
in which the Greater Chicago area first attained the
1997 8-hour ozone standard.
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Adoption of any additional emission
control measures prompted by either of
the contingency triggers will be subject
to the necessary administrative and
legal processes dictated by State law.
This process will include publication of
public notices, public hearings, and
other measures required by Illinois law.
Contingency measures contained in
the maintenance plan are those
emission controls or other measures that
the State chooses to adopt and
implement in response to either of the
contingency triggers discussed above.
Possible contingency measures
contained in Illinois’ contingency plan
include, but are not limited to, the
following:
• Illinois’ Multi-Pollutant Program for
electric generating units.
• NOX RACT.
• Cross-State Air Pollution Rule.
• Best Available Retrofit Technology.
• Broader geographic applicability of
existing measures.
• Tier 2 vehicle standards and low
sulfur fuel.
• High-enhanced vehicle I/M.
• Federal railroad/locomotive
standards.
• Federal commercial marine vessel
engine standards.
• Portable fuel containers
(replacement with low leak containers)
• AIM Coatings
• Commercial and consumer products
standards
• Aerosol coatings standards
• Other measures to be identified.
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5. Monitoring Network and Verification
of Continued Attainment
In the State’s ozone redesignation
request and maintenance plan, IEPA has
committed to continue to monitor ozone
levels in the Illinois portion of the
Greater Chicago area according to an
EPA-approved monitoring plan. Should
changes in the locations of ozone
monitors become necessary, IEPA
commits to work with EPA to ensure the
adequacy of the ozone monitoring
network in this area. Illinois remains
obligated to continue to quality assure
ozone monitoring data in accordance
with 40 CFR part 58 and to enter all
ozone data into EPA’s Air Quality
System in accordance with Federal
guidelines.
Application of Illinois’ ozone
maintenance plan for the Illinois
portion of the Greater Chicago area and
continued attainment of the 1997 8-hour
ozone standard in the Greater Chicago
area depend, in part, on the State’s
efforts in tracking of ozone monitoring
data to verify continued attainment of
the ozone standard. IEPA’s plan for
verifying continued attainment of the
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1997 8-hour ozone standard in the
Greater Chicago area (Indiana is
similarly tracking continued attainment
of the standard in this area) consists of
plans to continue ambient ozone
monitoring in accordance with the
requirements of 40 CFR part 58. IEPA
will also continue to develop, review,
and submit periodic emission
inventories as required by the Federal
Consolidated Emissions Reporting Rule
(67 FR 19602, June 10, 2002) to track
future levels of emissions.
VI. Has the State adopted approvable
motor vehicle emission budgets?
Under the CAA, States are required to
submit, at various times, SIP revisions,
such as ozone attainment
demonstrations and RFP plans, and
ozone maintenance plans for applicable
areas (for ozone nonattainment areas
and for areas seeking redesignation to
attainment of the ozone standard).
These SIP revisions, including ozone
maintenance plans, must create and
document MVEBs based on on-road
mobile source emissions allocated to
highway and transit vehicle use that,
together with emissions from other
sources in the area, will provide for
attainment and maintenance of the
ozone NAAQS.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment is established for the last
year of the maintenance plan (MVEBs
may also be specified for additional
years during the maintenance period).
The MVEB serves as a ceiling on
emissions that would result from an
area’s planned transportation system.
The MVEB concept is further explained
in the preamble to the November 24,
1993, transportation conformity rule (58
FR 62188). The preamble describes how
to establish the MVEB in the SIP and
how to revise the MVEB if needed.
Under section 176(c) of the CAA, new
transportation projects, such as the
construction of new highways, must
‘‘conform’’ to (i.e., be consistent with)
the SIP. Conformity to the SIP means
that transportation activities will not
cause new air quality violations, worsen
existing air quality violations, or delay
timely attainment of the NAAQS. CAA
section 176(c)(1). If a transportation
plan does not conform, most new
transportation projects that would
expand the capacity of roadways cannot
go forward. Regulations at 40 CFR part
93 set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of such
transportation activities to a SIP.
When reviewing SIP revisions
containing MVEBs, including
attainment strategies, rate-of-progress
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Sfmt 4702
plans, and maintenance plans, EPA
must affirmatively approve or find that
the MVEBs are ‘‘adequate’’ for use in
determining transportation conformity.
Once EPA affirmatively approves or
finds the submitted MVEBs to be
adequate for transportation conformity
purposes, the MVEBs must be used by
state and Federal agencies in
determining whether proposed
transportation projects conform to the
SIP as required by section 176(c) of the
CAA. EPA’s substantive criteria for
determining the adequacy of MVEBs are
set out in 40 CFR 93.118(e)(4).
EPA’s process for determining
adequacy of a MVEB consists of three
basic steps: (1) Providing public
notification of a SIP submission; (2)
providing the public the opportunity to
comment on the MVEB during a public
comment period; and, (3) making a
finding of adequacy. The process for
determining the adequacy of a
submitted MVEB is codified at 40 CFR
93.118.
The ozone maintenance plan
submitted by Illinois for the Illinois
portion of the Greater Chicago area, as
revised in Illinois’ September 16, 2011,
supplemental submittal, contains new
VOC and NOX MVEBs for the Illinois
portion of the Greater Chicago area for
2008 and 2025. The availability of the
SIP submission with MVEBs was
announced for public comment on
EPA’s Adequacy Web site on September
26, 2011, at: https://www.epa.gov/otaq/
stateresources/tansconf/currsips.htm,
which provided a 30-day public
comment period. The comment period
for this notification ended on October
26, 2011, and EPA received no
comments from the public. Note,
however, that a second mechanism is
also provided for EPA review and
public comment on MVEBs, as
described in 40 CFR 93.118(f)(2). This
mechanism provides for EPA’s review of
the adequacy of an implementation plan
MVEB simultaneously with its review
and approval and disapproval of the
implementation plan itself. In this
action, EPA used the web notification
discussed above to solicit public
comments on the adequacy of Illinois’
MVEBs for the Illinois portion of the
Greater Chicago area, but is taking
comment on the approvability of the
submitted MVEBs through this
proposed rule.
Illinois’ ozone maintenance plan for
the Illinois portion of the Greater
Chicago area contains VOC and NOX
MVEBs for 2008 and 2025. Any and all
comments on the approvability of the
MVEBs should be submitted during the
comment period stated in the DATES
section of this notice.
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Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Proposed Rules
emissions inventories for the Illinois
portion of the Greater Chicago
nonattainment area. Emissions
contained in that submittal cover the
general source categories of point
sources, area sources, on-road mobile
sources, and non-road mobile sources.
All emission summaries were
accompanied by source-specific
descriptions of emission calculation
procedures and sources of input data.
IEPA prepared the point source
emissions using source-reported actual
2002 emissions data for VOC and NOX.
The emissions were adjusted for a
typical summer day at each emissions
unit within the source facilities. The
annual emission reports provided ozone
season hourly emissions and operating
schedules that enabled the calculations
of ozone season weekday emissions.
Illinois used several methods to
estimate area source activity levels and
TABLE 6—MVEBS FOR THE ILLINOIS
emissions, including applying local
PORTION OF THE GREATER CHICAGO activity levels, apportioning national or
AREA
statewide activity levels to the local
level, and applying per capita emission
[Tons per ozone season weekday]
factors considering county-specific
Year
VOC
NOX
populations. The documentation
supplied in the emissions inventory
2008 ..........................
117.23
373.52 submittal shows how the county2025 ..........................
48.13
125.27
specific emissions were calculated for
each area source category.
The MVEBs are the on-road mobile
Non-road mobile source emissions
source VOC and NOX emissions for the
were generated using EPA’s NONROAD
Illinois portion of the Greater Chicago
model. In addition, separate emission
area for 2008 and 2025, including 15
estimates were developed for
percent safety margins for 2025. The
commercial marine vessels, aircraft, and
MVEBs are compatible with the 2008
railroads, non-road source categories not
and 2025 on-road mobile source VOC
and NOX emissions included in Illinois’ included in the NONROAD model.
On-road mobile source emissions
2008 and 2025 VOC and NOX emission
contained in the June 21, 2006,
inventories, as summarized above in
submittal were prepared by the IEPA
table 5. The derivation of the MVEBs is
using EPA’s MOBILE6 emissions model
thoroughly discussed in appendix B of
and daily VMT and speed estimates
IEPA’s April 5, 2009, ozone
provided by the Illinois Department of
maintenance plan and in Illinois’
Transportation. Note, however, that the
September 16, 2011, supplement to the
2002 on-road mobile source emissions
ozone maintenance plan.
documented in the September 16, 2011,
EPA is proposing to approve the
submittal were derived using the
MVEBs for 2008 and 2025 as part of
MOVES mobile source emissions model
Illinois’ 1997 8-hour ozone standard
rather than MOBILE6. MOVES is the
maintenance plan. EPA has determined
currently EPA-accepted model for the
that the MVEB emission targets are
determination of on-road mobile source
consistent with emission control
measures in the SIP and that the Greater emissions.
Illinois’ September 16, 2011,
Chicago area can maintain attainment of
submittal documents 2002 emissions for
the 1997 8-hour ozone NAAQS.
the Illinois portion of the Greater
VII. 2002 Emissions Inventories
Chicago area in units of tons per
Section 182(a)(1) of the CAA requires
summer day. These emissions were
States with ozone nonattainment areas
modified relative to those included in
to submit a comprehensive, accurate,
the June 21, 2006, submittal, reflecting
and current inventory of actual
revised mobile source emissions
emissions (emissions of VOC and NOX)
calculated using MOVES (the mobile
from all sources in the nonattainment
source emissions included in the June
areas, in accordance with guidance
21, 2006 submittal were calculated
provided by the EPA. On June 21, 2006, using MOBILE6 mobile source emission
IEPA submitted 2002 base year
factors). The 2002 emissions are
mstockstill on DSK4VPTVN1PROD with PROPOSALS
EPA intends to approve 2008 and
2025 MVEBs for the Illinois portion of
the Greater Chicago area for
transportation conformity purposes in
the final rulemaking on Illinois’ ozone
redesignation request. If EPA approves
the MVEBs in the final rulemaking
action, the new MVEBs must be used in
future transportation conformity
determinations for the Illinois portion of
the Greater Chicago area. The new
MVEBs, if approved in the final
rulemaking, will be effective on the date
of EPA’s final rulemaking in the Federal
Register. For required regional emission
analysis years that involve 2013 (the
year after EPA is expected to approve
the ozone maintenance plan and
Illinois’ VOC and NOX MVEBs) or
beyond, the applicable VOC and NOX
MVEBs for the Chicago area are defined
in table 6.
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6759
summarized in table 2 above in section
V.C.
EPA is proposing to approve this 2002
base year emissions inventory, as
revised in the September 16, 2011,
submittal, as meeting the requirements
of section 182(2)(1) of the CAA.
VIII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Proposed Rules
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: January 31, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–2991 Filed 2–8–12; 8:45 am]
BILLING CODE 6560–50–P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Parts 821 and 826
[Docket No. NTSB–GC–2011–0001]
Rules of Practice in Air Safety
Proceedings; Rules Implementing the
Equal Access to Justice Act of 1980
National Transportation Safety
Board (NTSB or Board).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The NTSB proposes various
amendments to our regulations, which
sets forth rules of procedure for the
NTSB’s review of certificate actions
taken by the Federal Aviation
Administration (FAA); and rules of
procedure concerning applications for
fees and expenses under the Equal
Access to Justice Act of 1980 (EAJA).
The NTSB previously issued an advance
notice of proposed rulemaking
(ANPRM) and has carefully considered
comments submitted in response to the
ANPRM concerning these procedural
rules. This document contains both a
discussion of the comments and
explanations for the changes proposed
herein.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
SUMMARY:
Send your comments on or
before April 9, 2012.
ADDRESSES: You may send comments
identified by Docket ID Number NTSB–
GC–2011–0001 using any of the
following methods:
DATES:
VerDate Mar<15>2010
16:41 Feb 08, 2012
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Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
Mail: Send comments to NTSB Office
of General Counsel, 490 L’Enfant Plaza
East, SW., Washington, DC 20594–2003.
Facsimile: Fax comments to 202–314–
6090.
Hand Delivery: Bring comments to
490 L’Enfant Plaza East, SW., 6th Floor,
Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays.
For more information on the
rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
David Tochen, General Counsel, (202)
314–6080.
SUPPLEMENTARY INFORMATION:
I. Background—Advance Notice of
Proposed Rulemaking
On December 22, 2010, the NTSB
published an ANPRM inviting public
comments concerning the NTSB
procedural rules codified at 49 CFR
parts 821 and 826. 75 FR 80452. The
NTSB specifically sought comments
concerning the standard of review for
emergency determinations, discovery
and exchanges of information between
parties, and electronic filing of
documents in air safety enforcement
cases before the Board. The NTSB also
sought comments concerning outdated
rules in 49 CFR part 826, governing
claims brought under the EAJA.
The ANPRM included a discussion of
the rationale for the Board’s procedure
for handling certain aspects of
emergency cases. The FAA issues
emergency orders when it determines
the interests of aviation safety require
that the order take effect immediately,
and, in those cases, the certificate
holder may not exercise certificate
privileges during the pendency of an
appeal with the NTSB. Section 716 of
the Aviation Investment and Reform Act
for the 21st Century 1 (hereinafter, ‘‘the
Act’’) amended 49 U.S.C. 44709 by
granting the NTSB authority to review
such emergency determinations. The
ANPRM sought comments concerning
this review process. Specifically, the
NTSB described the considerations,
including Federal court rulings and
comments received in response to the
NTSB’s Interim Rule (published on July
1 Public Law 106–181, section 716 (2000)
(codified at 49 U.S.C. 44709(e)(3)).
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Frm 00076
Fmt 4702
Sfmt 4702
11, 2000 (64 FR 42637), initially
implementing section 716 of the Act)
resulting in the adoption, in the Final
Rule (published on April 29, 2003 (68
FR 22623)), of the standard of review
found in 49 CFR 821.54(e). Section
821.54(e) directs NTSB’s law judges to
dispose of petitions for review of the
FAA’s emergency determinations by
‘‘consider[ing] whether, based on the
acts and omissions alleged in the
Administrator’s order, and assuming the
truth of such factual allegations, the
Administrator’s emergency
determination was appropriate under
the circumstances, in that it supports a
finding that aviation safety would likely
be compromised by a stay of the
effectiveness of the order during the
pendency of the respondent’s appeal.’’
75 FR at 80452–80453. The aspect of the
standard relating to the law judges’
assumption of the truth of the FAA’s
allegations of fact prompted much
feedback from commenters.
The ANPRM also sought comments
pertaining to other matters. With regard
to discovery and the parties’ exchanges
of information, the ANPRM requested
feedback as to whether law judges
should routinely issue prehearing orders
to govern discovery, and whether a
standard sanction should apply if
parties fail to comply with a prehearing
order or discovery obligation. Id. at
80453. On the subject of the electronic
filing of documents, the ANPRM sought
comments as to how to fashion
electronic filing rules that could apply
to pro se litigants, who may not have
computer or Internet access. Finally,
with regard to procedural rules
applicable to applications for attorney’s
fees and expenses under the EAJA, the
ANPRM sought general comments
concerning updates to outdated
provisions in 49 CFR part 826. For
example, the ANPRM cited 49 CFR
826.40, which provides incorrect
contact information for the FAA office
overseeing the payment of fee awards
under the EAJA. Id. at 80453–80454.
The language of the ANPRM indicated,
however, that the Board welcomed all
comments relating to the procedural
rules found in 49 CFR parts 821 and
826.
II. Comments Received
The NTSB received 20 relevant
comments in response to the ANPRM,
which are available at https://
www.regulations.gov (Docket No.
NTSB–GC–2011–0001). The Board has
carefully reviewed and considered all
comments it received, and greatly
appreciates the time and thought the
commenters devoted to providing
detailed comments, as the comments
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]]>Agencies
[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Proposed Rules]
[Pages 6743-6760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2991]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2009-0666; FRL-9629-3]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Illinois; Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a request from Illinois to
redesignate the Illinois portion of the Chicago-Gary-Lake County,
Illinois-Indiana (IL-IN) ozone nonattainment area (the Greater Chicago
area) to attainment of the 1997 8-hour ozone National Ambient Air
Quality Standard (NAAQS or standard) because the request meets the
statutory requirements for redesignation under the Clean Air Act (CAA).
The Illinois portion of the Greater Chicago area includes Cook, DuPage,
Kane, Lake, McHenry, and Will Counties and portions of Grundy (Aux
Sable and Goose Lake Townships) and Kendall (Oswego Township) Counties.
The Illinois Environmental Protection Agency (IEPA) submitted this
request on July 23, 2009, and supplemented its request in a submittal
on September 16, 2011. EPA is proposing to approve, as a revision of
the Illinois State Implementation Plan (SIP), the State's plan for
maintaining the 1997 8-hour ozone standard through 2025 in the Illinois
portion of the Greater Chicago area. EPA is proposing to approve 2002
Volatile Organic Compound (VOC) and Nitrogen Oxides (NOX)
emission inventories for the Illinois portion of the Greater Chicago
area as a revision of the Illinois SIP because the emission inventories
meet the requirements of section 182(a) of the CAA. Finally, EPA
proposes to approve the State's 2008 and 2025 VOC and NOX
Motor Vehicle Emission Budgets (MVEBs) for the Illinois portion of the
Greater Chicago area.
DATES: Comments must be received on or before March 12, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0666, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: aburano.douglas@epa.gov.
Fax: (312) 408-2279.
Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Douglas Aburano, Chief, Attainment Planning
and Maintenance Section (AR-18J), U.S. Environmental Protection Agency,
77 West Jackson Boulevard, 18th Floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0666. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects and viruses. For additional
instructions on submitting comments, go to section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Edward Doty at (312) 886-6057
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6057, or
Doty.Edward@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?
III. What is the background for these actions?
A. General Background
B. What are the impacts of the December 22, 2006, and June 8,
2007, United States Court of Appeals decisions regarding EPA's Phase
1 Ozone Implementation Rule?
1. Summary of Court Decisions
2. Requirements Under the 8-Hour Ozone Standard
3. Requirements Under the 1-Hour Ozone Standard
IV. What are the criteria for redesignation?
V. What is EPA's analysis of the State's ozone redesignation
request?
A. Has the Greater Chicago area attained the 1997 8-hour ozone
NAAQS?
B. Has the State of Illinois met all applicable requirements of
Section 110 and Part D of the CAA for the Illinois portion of the
Greater Chicago area, and does the Illinois portion of the Greater
Chicago area have a fully approved SIP under Section 110(k) of the
CAA?
1. The Illinois Portion of the Greater Chicago Area Has Met All
Applicable Requirements of Section 110 and Part D of the CAA for
Purposes of Redesignation
2. The Illinois Portion of the Greater Chicago Area Has a Fully
Approved SIP for Purposes of Redesignation Under Section 110 of the
CAA
[[Page 6744]]
3. The Illinois Portion of the Greater Chicago Area Has a Fully
Approved SIP and Meets Anti-Backsliding Requirements Under the 1-
Hour Ozone Standard
C. Are the air quality improvements in the Greater Chicago area
due to permanent and enforceable emission reductions?
1. Permanent and Enforceable Controls Implemented
2. Emission Reductions
D. Does Illinois have a fully approvable ozone maintenance plan?
1. Maintenance Plan Requirements
2. Attainment Inventory
3. Has the State documented maintenance of the ozone standard in
the Illinois portion of the Greater Chicago area?
4. What is the contingency plan for the Illinois portion of the
Greater Chicago area?
5. Monitoring Network and Verification of Continued Attainment
VI. Has the State adopted approvable motor vehicle emission budgets?
VII. 2002 Emissions Inventories
VIII. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified in the proposed rule.
II. What actions is EPA proposing?
EPA is proposing to take several related actions. First, EPA is
proposing to approve the redesignation of the Illinois portion of the
Greater Chicago area from nonattainment to attainment of the 1997 8-
hour ozone NAAQS. EPA is also proposing to approve Illinois' ozone
maintenance plan for the Illinois portion of the Greater Chicago area
as a revision of the Illinois SIP (such approval being one of the CAA
criteria for redesignation to attainment). The ozone maintenance plan
demonstrates that the Greater Chicago area should remain in attainment
of the 1997 8-hour ozone standard through 2025, and specifies the
measures that will be taken in the Illinois portion of the Greater
Chicago area to assure maintenance of the 1997 8-hour ozone standard in
the Greater Chicago area.
EPA is proposing to approve 2002 VOC and NOX emission
inventories for the Illinois portion of the Greater Chicago area as a
revision of the Illinois SIP. These emission inventories satisfy the
requirements in section 182(a)(1) of the CAA for comprehensive,
accurate, and current emission inventories.
Finally, EPA is proposing to approve VOC and NOX 2008
and 2025 MVEBs for the Illinois portion of the Greater Chicago area.
III. What is the background for these actions?
A. General Background
EPA has determined that ground-level ozone (O3) is
detrimental to human health. On July 18, 1997 (62 FR 38856), EPA
promulgated an 8-hour ozone NAAQS of 0.08 parts per million parts of
air (0.08 ppm) (the 1997 8-hour ozone standard). This standard is
violated in an area when any monitor in the area records 8-hour ozone
concentrations with a 3-year average of the annual fourth-highest daily
maximum 8-hour ozone concentrations equaling or exceeding 0.085 ppm.
Ground-level ozone is generally not emitted directly by sources.
Rather, emitted NOX and VOC react in the presence of
sunlight to form ground-level ozone, as a secondary pollutant, along
with other secondary compounds. NOX and VOC are ``ozone
precursors.'' Reduction of peak ground-level ozone concentrations is
achieved through controlling VOC and NOX emissions.
Section 107 of the CAA required EPA to designate as nonattainment
any area that violated the 1997 8-hour ozone standard. EPA promulgated
8-hour ozone designations and classifications on April 30, 2004 (69 FR
23857). The Greater Chicago area was designated and classified as a
moderate nonattainment area for the 1997 8-hour ozone standard. The
designation and classification became effective on June 15, 2004.
The CAA contains two sets of provisions, subparts 1 and 2, that
address planning and emission control requirements for ozone
nonattainment areas. Both of these subparts are found in title I, part
D of the CAA; sections 171-179 and sections 181-185, respectively.
Subpart 1 contains general, less prescriptive requirements for all
nonattainment areas of any pollutant, including ozone, governed by a
NAAQS. Subpart 2 contains additional, more specific requirements for
certain ozone nonattainment areas, and applies to ozone nonattainment
areas classified under section 181 of the CAA.
Under EPA's implementation rule for the 1997 8-hour ozone standard
(69 FR 23951, April 30, 2004), an area was classified under subpart 2
based on its 8-hour ozone design value (i.e., the 3-year average annual
fourth-highest daily maximum 8-hour average ozone concentration at the
worst-case monitoring site in the area or in its immediate downwind
environs), if it had a 1-hour ozone design value \1\ at the time of
designation at or above 0.121 ppm. All other areas were covered under
subpart 1 based on their 8-hour ozone design values \2\ (69 FR 23958).
The Greater Chicago area was designated as a subpart 2 moderate ozone
nonattainment area by EPA on April 30, 2004 (69 FR 23898), based on air
quality monitoring data from 2001-2003 (69 FR 23898).
---------------------------------------------------------------------------
\1\ Fourth-highest daily maximum 1-hour ozone concentration over
a 3-year period at the worst-case monitoring site in the area.
\2\ Three-year averages of the annual fourth-highest daily
maximum 8-hour ozone concentrations at the worst-case monitoring
sites in the areas.
---------------------------------------------------------------------------
40 CFR 50.10 and 40 CFR part 50, appendix I provide that the 8-hour
ozone standard is attained when the 3-year averages of the annual
fourth-highest daily maximum 8-hour average ozone concentrations at all
monitoring sites in the area are less than or equal to 0.08 ppm. The
ozone data must be complete over the 3-year period, meeting the data
completeness requirements of 40 CFR part 50, appendix I, section
2.3(d).
On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm (the 2008 8-hour ozone standard). EPA has
not yet promulgated area designations for this standard. The actions
addressed in this proposed rule relate only to the 1997 8-hour ozone
standard.
On July 23, 2009, IEPA requested that EPA redesignate the Illinois
portion of the Greater Chicago area to attainment for the 1997 8-hour
ozone standard based on ozone data for the period of 2006-2008. On
September 16, 2011, IEPA supplemented the original redesignation
request, submitting ozone data for the period of 2008-2010, revising
the mobile source emission estimates using EPA's new on-road
[[Page 6745]]
mobile source emissions model, MOVES, and extending the demonstration
of maintenance through 2025, with new MVEBs.
B. What are the impacts of the December 22, 2006, and June 8, 2007,
United States Court of Appeals decisions regarding EPA's Phase 1 Ozone
Implementation Rule?
1. Summary of Court Decisions
On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Circuit) vacated EPA's Phase 1 implementation
rule for the 1997 8-hour ozone standard (69 FR 23591, April 30, 2004).
South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C.
Cir. 2006). On June 8, 2007, in response to several petitions for
rehearing, the D.C. Circuit Court (Court) clarified that the Phase 1
rule was vacated only for those parts of the rule that had been
successfully challenged. Id., Docket No. 04 1201. Therefore, several
provisions of the Phase 1 rule remain effective: Provisions related to
classifications for areas currently classified under subpart 2 of title
I, part D of the CAA as 8-hour ozone nonattainment areas; 8-hour ozone
attainment dates for these areas; and, the timing of emission
reductions needed for attainment of the 8-hour ozone NAAQS in these
areas. The June 8, 2007, decision also left intact the Court's
rejection of EPA's reasons for implementing the 8-hour ozone standard
in certain nonattainment areas under subpart 1 in lieu of subpart 2 of
the CAA. By limiting the vacatur, the Court let stand EPA's revocation
of the 1-hour ozone standard and those anti-backsliding provisions of
the Phase 1 rule that had not been successfully challenged.
The June 8, 2007, decision reaffirmed the December 22, 2006,
decision that EPA had failed to retain four measures required for 1-
hour ozone nonattainment areas under the anti-backsliding provisions of
the regulations: (1) Part D New Source Review (NSR) requirements based
on an area's 1-hour nonattainment classification; (2) section 185
penalty fees for 1-hour severe or extreme ozone nonattainment areas;
(3) measures to be implemented pursuant to section 172(c)(9) or
182(c)(9) of the CAA, on the contingency of an area not making
reasonable further progress toward attainment of the 1-hour ozone
NAAQS, or for failure to attain the NAAQS; and, (4) certain
transportation conformity requirements for Federal actions. The June 8,
2007, decision clarified that the Court's reference to conformity
requirements was limited to requiring the continued use of 1-hour MVEBs
until 8-hour MVEBs are available for the 8-hour conformity
determinations.
This section sets forth EPA's views on the potential effect of the
Court's rulings on this proposed redesignation action. For the reasons
set forth below in sections III.B.2 and B.3, EPA does not believe that
the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from proposing and ultimately finalizing this
redesignation. EPA believes that the Court's decisions impose no
impediment to moving forward with redesignation of this area to
attainment, because, even in light of the Court's decisions,
redesignation is appropriate under the relevant redesignation
provisions of the CAA and longstanding policies regarding redesignation
requests.
2. Requirements Under the 8-Hour Ozone Standard
With respect to the 1997 8-hour ozone standard, the Greater Chicago
area is classified as moderate nonattainment under subpart 2, part D of
the CAA. The June 8, 2007, decision clarifies that the Court did not
vacate the Phase 1 rule's provisions with respect to classifications
for areas under subpart 2. The Court's decision, therefore, upholds
EPA's classifications for those areas classified under subpart 2 for
the 1997 8-hour ozone standard, and all 8-hour ozone requirements for
these areas remain in place.
3. Requirements Under the 1-Hour Ozone Standard
In its June 8, 2007, decision, the Court limited its Phase 1 rule
vacatur so as to uphold provisions of EPA's anti-backsliding
requirements that were not successfully challenged. Therefore, an area
must meet the anti-backsliding requirements which apply by virtue of
the area's classification for the 1-hour ozone standard. See 40 CFR
51.900, et seq.; 70 FR 30592, 30604 (May 26, 2005). As set forth in
more detail below, the area must address four anti-backsliding
provisions identified by the Court in its decisions.
The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone standard requirements that continue to apply after
revocation of the 1-hour ozone standard for former 1-hour ozone
nonattainment areas. Section 51.905(a)(1)(i) provides that:
The area remains subject to the obligation to adopt and
implement the applicable requirements as defined in section
51.900(f), except as provided in paragraph (a)(1)(iii) of this
section, and except as provided in paragraph (b) of this section.
Section 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005),
provides that:
Applicable requirements means for an area that the following
requirements, to the extent such requirements applied to the area
for the area's classification under section 181(a)(1) of the CAA for
the 1-hour NAAQS at the time of designation for the 8-hour NAAQS,
remain in effect:
(1) Reasonably available control technology (RACT).
(2) Inspection and maintenance programs (I/M).
(3) Major source applicability cut-offs for purposes of RACT.
(4) Rate of Progress (ROP) reductions.
(5) Stage II vapor recovery.
(6) Clean fuels fleet program under section 183(c)(4) of the
CAA.
(7) Clean fuels for boilers under section 182(e)(3) of the CAA.
(8) Transportation Control Measures (TCMs) during heavy traffic
hours as provided under section 182(e)(4) of the CAA. [Not a
requirement for the Illinois portion of the Greater Chicago area.]
(9) Enhanced (ambient) monitoring under section 182(c)(1) of the
CAA.
(10) TCMs under section 182(c)(5) of the CAA.
(11) Vehicle miles traveled (VMT) provisions of section
182(d)(1) of the CAA.
(12) NOX requirements under section 182(f) of the
CAA.
(13) Attainment demonstration or alternative as provided under
section 51.905(a)(1)(ii).
Pursuant to 40 CFR 51.905(c), the Illinois portion of the Greater
Chicago area is subject to the obligations set forth in 51.905(a) and
51.900(f).
With regard to part D NSR requirements, EPA has determined that an
area being redesignated to attainment need not have an approved
nonattainment NSR program, provided that the state demonstrates
maintenance of the standard in the area without part D NSR in effect.
The rationale for this view is described in a memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation dated October
14, 1994, titled, ``Part D New Source Requirements for Areas Requesting
Redesignation to Attainment.'' This policy assumes that the state's
Prevention of Significant Deterioration (PSD) program will become
effective in the area upon redesignation of the area to attainment.
Consequently, EPA concludes that an approved part D NSR program is not
an applicable requirement for purposes of redesignation. See the more
detailed explanations of this issue in the following rulemakings:
Detroit, Michigan (60 FR 12467-12468 (March 7, 1995); Cleveland-Akron-
Lorain, Ohio
[[Page 6746]]
(61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 FR
53665, 53669, October 23, 2001); Grand Rapids, Michigan (61 FR 31831,
31836-31837, June 21, 1996).
The conformity portion of the Court's ruling does not impact the
redesignation request for the Illinois portion of the Greater Chicago
area except to the extent that the Court, in its June 8, 2007, decision
clarified that, for those areas with MVEBs for the 1-hour ozone
standard, anti-backsliding requires that these MVEBs must be used for
8-hour conformity determinations until replaced by MVEBs for the 8-hour
ozone standard. To meet this requirement, conformity determinations in
such areas must comply with the applicable requirements of EPA's
conformity regulations at 40 CFR part 93. Note below that EPA is
proposing to find adequate and approve 8-hour MVEBs established by
Illinois' 8-hour ozone maintenance plan for the Illinois portion of the
Greater Chicago area.
Severe ozone nonattainment areas must meet the CAA requirement for
section 185 source penalty fees. Since the Greater Chicago area was
classified as severe nonattainment under the 1-hour ozone standard, the
Illinois portion of the Greater Chicago area and the Illinois SIP for
this area are subject to this CAA requirement. It should be noted,
however, that on December 30, 2008 (73 FR 79652), EPA published a final
rule making a determination that the Greater Chicago area had attained
the 1-hour ozone standard and confirming that this finding of
attainment relieved Illinois (and Indiana) of the obligation to adopt
section 185 source penalty fee regulations for this area.
Finally, with regard to the contingency measure requirements under
sections 172(c)(9) and 182(c)9) of the CAA, it is noted that these
requirements must be addressed in state ozone Reasonable Further
Progress (RFP) and attainment demonstration plans. Illinois addressed
these requirements in the 1-hour ozone RFP and attainment demonstration
plans for the Illinois portion of the Greater Chicago area by adopting
and implementing extra VOC and NOX emission controls that go
beyond the emission reductions needed for RFP and attainment of the 1-
hour ozone standard. EPA approved these ozone control plans, including
their contingency elements: VOC-15 percent RFP plan (December 18, 1997,
62 FR 66279); post-1996 RFP plan (December 18, 2000, 65 FR 78961); and,
1-hour ozone attainment demonstration and post-1999 RFP plan (November
13, 2001, 66 FR 56904). Therefore, Illinois has met the contingency
requirements of sections 172(c)(9) and 182(c)(9) of the CAA for the 1-
hour ozone standard. As noted later in this proposed rule, Illinois has
committed to retain and to implement all VOC and NOX
emission control measures under the 1-hour ozone RFP and attainment
plans for the Illinois portion of the Greater Chicago area.
IV. What are the criteria for redesignation?
The CAA provides the basic requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of
the CAA authorizes redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS based on
current air quality data; (2) the Administrator has fully approved an
applicable state implementation plan for the area under section 110(k)
of the CAA; (3) the Administrator determines that the improvement in
air quality is due to permanent and enforceable emission reductions
resulting from implementation of the applicable SIP, Federal air
pollution control regulations, and other permanent and enforceable
emission reductions; (4) the Administrator has fully approved a
maintenance plan for the area meeting the requirements of section 175A
of the CAA; and, (5) the state has met all requirements applicable to
the area under section 110 and part D of the CAA.
EPA provided guidance on redesignations in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990 on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070).
Two significant policy documents affecting the review of ozone
redesignation requests are the following: (1) ``Procedures for
Processing Requests To Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992 (the September 4, 1992 Calcagni memorandum); and, (2)
``Reasonable Further Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone National
Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995
(the May 10, 1995 Clean Data Policy memorandum). Additional guidance on
processing redesignation requests is included in the following
documents:
``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17,
1993;
``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
``Use of Actual Emissions in Maintenance Demonstrations
for Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
and,
``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994.
V. What is EPA's analysis of the State's ozone redesignation request?
EPA is proposing to approve Illinois' ozone redesignation request
for the Illinois portion of the Greater Chicago area with a
determination that the Greater Chicago area has attained the 1997 8-
hour ozone standard based on current ozone monitoring data for 2008-
2010 and that the State of Illinois and the Illinois portion of this
area have met all other applicable redesignation criteria for the 1997
8-hour ozone standard under section 107(d)(3)(E) of the CAA. The basis
for EPA's proposed approval of the redesignation request is discussed
in more detail as follows.
[[Page 6747]]
A. Has the Greater Chicago area attained the 1997 8-hour ozone NAAQS?
An area may be considered to be attaining the 1997 8-hour ozone
NAAQS if there are no violations of the NAAQS, as determined in
accordance with 40 CFR 50.10 and appendix I, based on the most recent 3
consecutive years of complete, quality-assured air quality monitoring
data at all ozone monitoring sites in the area and in its nearby
downwind environs. To attain this standard, the average of the annual
fourth-high daily maximum 8-hour average ozone concentrations measured
and recorded at each monitoring site over the most recent 3-year period
(the monitoring site's ozone design value) must not exceed 0.084 ppm.
The data must be collected and quality-assured in accordance with 40
CFR part 58, and must be recorded in EPA's Air Quality System (AQS).
As part of the July 23, 2009, ozone redesignation request, IEPA
summarized the annual fourth-high daily maximum 8-hour ozone
concentrations and the 3-year 8-hour ozone design values for the period
of 2006-2008 for all ozone monitoring sites in the Greater Chicago
area. This ozone data summary also includes ozone concentration data
for the Chiwaukee Prairie monitoring site in Wisconsin, an ozone peak
downwind impact site for ozone precursor emissions originating in the
Greater Chicago area. The September 16, 2011, updated ozone
redesignation request from Illinois also summarized the annual fourth-
high ozone data for all monitoring sites for the period of 2006-2008.
Table 1 summarizes the monitoring site-specific annual fourth-high
daily maximum 8-hour ozone concentrations and 3-year ozone design
values for all monitoring sites covered in Illinois' ozone
redesignation request for the period of 2006-2010. Note that we have
included 2009 and 2010 ozone monitoring data in this summary. These
additional data were obtained from EPA's AQS. Since Illinois' July 23,
2009, submittal of the ozone redisignation request, 2009 and 2010 ozone
monitoring data have been quality assured and submitted to EPA's AQS.
Table 1--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations in Parts per Million (ppm) and 3-Year Averages
--------------------------------------------------------------------------------------------------------------------------------------------------------
3-Year 3-Year
State/County Monitoring site (AQS Site ID) 2006 2007 2008 2009 2010 average average
2006-2008 2008-2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois:
Cook............................... Alsip (170310001)...................... 0.078 0.085 0.066 0.069 0.073 0.076 0.69
Cook............................... Chicago--SWFP (170310032).............. 0.075 0.082 0.067 0.065 0.074 0.074 0.069
Cook............................... Chicago--University of Chicago 0.070 0.079 0.063 0.060 0.071 0.070 0.065
(170310064).
Cook............................... Chicago--Jardine (170310072)........... 0.065 0.075 0.063 0.062 0.071 0.067 0.065
Cook............................... Chicago--Commonwealth Edison 0.075 0.080 0.066 0.067 0.068 0.073 0.067
(170310076).
Cook............................... Chicago--Taft (170311003).............. 0.077 0.079 0.064 0.064 0.070 0.073 0.066
Cook............................... Lemont (170311601)..................... 0.070 0.085 0.071 0.067 0.073 0.075 0.070
Cook............................... Cicero (170314002)..................... 0.060 0.068 0.060 0.067 0.068 0.062 0.065
Cook............................... Des Plaines (170314007)................ 0.065 0.078 0.057 0.050 0.064 0.066 0.057
Cook............................... Northbrook (170314201)................. 0.068 0.076 0.065 0.069 0.072 0.069 0.069
Cook............................... Evanston (170317002)................... 0.072 0.080 0.058 0.064 0.067 0.070 0.063
DuPage............................. Lisle (170436001)...................... 0.062 0.072 0.057 0.059 0.064 0.063 0.060
Kane............................... Elgin (170890005)...................... 0.062 0.075 0.061 0.068 0.069 0.066 0.066
Lake............................... Waukegan (170971002)................... 0.071 0.081 0.063 0.057 0.074 0.071 0.065
Lake............................... Zion (170971007)....................... 0.068 0.080 0.069 0.075 0.078 0.072 0.074
McHenry............................ Cary (171110001)....................... 0.057 0.074 0.065 0.066 0.065 0.065 0.065
Will............................... Braidwood (171971011).................. 0.068 0.071 0.060 0.063 0.065 0.066 0.063
Indiana:
Lake............................... Gary (180890022)....................... 0.073 0.085 0.062 0.058 0.064 0.073 0.061
Lake............................... Whiting (180890030).................... 0.081 0.088 0.062 0.062 0.069 0.077 0.064
Lake............................... Hammond (180892008).................... 0.075 0.077 0.068 0.065 0.069 0.073 0.067
Porter............................. Valparaiso (181270026)................. 0.071 0.080 0.061 0.064 0.061 0.070 0.062
Wisconsin:
Kenosha............................ Chiwaukee Prairie (550590019).......... 0.079 0.085 0.072 0.071 0.081 0.078 0.075
--------------------------------------------------------------------------------------------------------------------------------------------------------
IEPA notes that the 2006-2008 ozone design values for all
monitoring sites are below the 0.084 ppm attainment level. We also note
that the 2008-2010 ozone design values for all monitoring sites are
below the 0.084 ppm attainment level. Therefore, the ozone monitoring
data for the Greater Chicago area and for Chiwaukee Prairie in
Wisconsin show attainment of the 1997 8-hour ozone standard.
IEPA commits to continue ozone monitoring at the Illinois
monitoring sites in accordance with EPA-approved monitoring plans, as
required to confirm maintenance of the 1997 8-hour ozone standard.
Should changes in the ozone monitoring system become necessary, IEPA
commits to work with the EPA to assure the continued adequacy of the
ozone monitoring network in the Illinois portion of the Greater Chicago
area.
Based on the available ozone monitoring data, we conclude that the
Greater Chicago area has attained the 1997 8-hour ozone standard, and
has continued to attain this ozone standard through the most recent
three years of quality-assured ozone monitoring data.
B. Has State of Illinois met all applicable requirements of Section 110
and Part D of the CAA for the Illinois portion of the Greater Chicago
area, and does the Illinois portion of the Greater Chicago area have a
fully approved SIP under Section 110(k) of the CAA?
In April 2004, the Greater Chicago area was designated as a
moderate nonattainment area with a June 15, 2010, attainment deadline
for the 1997 8-hour ozone standard. Prior to this, the Greater Chicago
area had been designated as a severe nonattainment area with a November
15, 2007,
[[Page 6748]]
attainment deadline for the 1-hour ozone standard. As a result of these
nonattainment designations, the State of Illinois was required to
submit SIP revisions that meet certain ozone planning and emission
control requirements of the CAA.
The September 4, 1992, Calcagni memorandum confirms that a state
with an area seeking redesignation to attainment has to fully adopt
rules and meet SIP requirements that come due prior to the submittal of
a complete redesignation request. See also 60 FR 12459, 12465-66 (March
7, 1995) (redesignation of Detroit-Ann Arbor, Michigan); 68 FR 25424,
25427 (May 12, 2003) (redesignation of St. Louis); Sierra Club v. EPA,
375 F.3d 537 (7th Cir. 2004); and, 70 FR 19895, 19900 (April 15, 2005)
(redesignation of Cincinnati). Furthermore, requirements of the CAA
that come due subsequent to the state's submittal of a complete
redesignation request would continue to be applicable to the area until
redesignation to attainment is approved, but are not required as a
prerequisite for redesignation (see section 175A(c) of the CAA). If the
redesignation is disapproved or is not completed due to a subsequent
violation of the ozone standard in the area prior to final approval of
the state's ozone redeignation request, the state remains obligated to
fulfill these CAA requirements.
We are proposing to determine that the State of Illinois and the
Illinois portion of the Greater Chicago area have met all currently
applicable SIP requirements for purposes of redesignation of the
Illinois portion of the Greater Chicago area to attainment of the 1997
8-hour ozone standard under section 110 and part D of the CAA. We have
determined that the Illinois SIP, with the exception of the 2002 base
year VOC and NOX emission inventories and certain VOC RACT
rules: (1) Meets all SIP requirements currently applicable for purposes
of redesignation under part D of title I of the CAA, in accordance with
section 107(d)(3)(E)(v) of the CAA; and, (2) is fully approved with
respect to all applicable requirements for purposes of redesignation to
attainment of the 1997 8-hour ozone standard, in accordance with
section 107(d)(3)(E)(ii) of the CAA.
As discussed below in section VII, EPA is proposing to approve
Illinois' 2002 base year VOC and NOX emission inventories as
meeting the SIP emission inventory requirement of section 182(a)(1) of
the CAA. If EPA approves the emission inventories in a final rule,
Illinois will have met the ozone precursor emission inventory
requirements of the CAA.
In the September 16, 2011, submittal the IEPA submitted VOC
emission control regulations and other rule revisions needed to meet
the VOC RACT requirements of the CAA.\3\ On November 30, 2011, EPA
proposed to approve all of these regulations and rule revisions as
revisions of the Illinois SIP. If these VOC emission control
regulations and revised rules are approved through a final rulemaking
and are incorporated into the Illinois SIP, Illinois will have met the
CAA requirements for VOC RACT.
---------------------------------------------------------------------------
\3\ Required VOC RACT rule revisions were also submitted by the
IEPA on July 29, 2010 and September 29, 2011.
---------------------------------------------------------------------------
Recognizing that the base year VOC and NOX emission
inventories and VOC RACT rules must be approved on or before we
complete final rulemaking approving Illinois' ozone redesignation
request, we determine here that, assuming that these approvals occur,
Illinois will have met all applicable section 110 and part D SIP
requirements of the CAA for purposes of approval of Illinois' ozone
redesignation request for the Illinois portion of the Greater Chicago
area. In making this determination, we have ascertained what SIP
requirements are applicable to the Illinois portion of the Greater
Chicago area for purposes of redesignation.
1. The Illinois Portion of the Greater Chicago Area Has Met All
Applicable Requirements of Section 110 and Part D of the CAA for
Purposes of Redesignation
a. Section 110: General Requirements for Implementation Plans
Section 110(a) of the CAA contains the general requirements for a
SIP. Section 110(a)(2) provides that the SIP implemented by a state
must have been adopted by the state after reasonable public notice and
hearing, and that, among other things, it must: (1) Include enforceable
emission limitations and other control measures, means or techniques
necessary to meet the requirements of the CAA; (2) provide for
establishment and operation of appropriate devices, methods, systems
and procedures necessary to monitor ambient air quality; (3) provide
for implementation of a source permit program to regulate the
modification and construction of stationary sources within the areas
covered by the plan; (4) include provisions for the implementation of
part C PSD and part D NSR permit programs; (5) include criteria for
stationary source emission control measures, monitoring, and reporting;
(6) include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
certain air pollutants, e.g., NOX SIP call.\4\ However, the
section 110(a)(2)(D) SIP requirements are not linked with a particular
area's designation and classification. EPA concludes that the SIP
requirements linked with an area's designation and classification are
the relevant measures to evaluate when reviewing a redesignation
request for the area. The section 110(a)(2)(D) requirements, where
applicable, continue to apply to a state regardless of the designation
of any one particular area within the state. Thus, we believe these
requirements are not applicable requirements for purposes or
redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399 (October
19, 2001), 68 FR 25418, 25426-27 (May 13, 2003).
---------------------------------------------------------------------------
\4\ On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP call requiring the District of Columbia and 22
States to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. In compliance with EPA's
NOX SIP Call, IEPA developed rules governing the control
of NOX emissions from Electric Generating Units (EGUs),
major non-EGU industrial boilers and turbines, and major cement
kilns. EPA approved Illinois' rules as fulfilling the requirements
of the NOX SIP call on November 8, 2001, at 66 FR 56449
and 66 FR 56454.
---------------------------------------------------------------------------
Further, we believe that section 110(a)(2) elements, other than
those described above that are not connected with nonattainment plan
submissions and that are not linked with an area's attainment status
are also not applicable requirements for purposes of redesignation. A
state remains subject to these requirements regardless of an area's
designation and after the area is redesignated to attainment. We
conclude that only the section 110 and part D requirements that are
linked with an area's designation and classification are the relevant
measures for evaluating this aspect of a redesignation request. This
approach is consistent with EPA's policy on applicability of conformity
and oxygenated fuel requirements for redesignation purposes, as well as
with section 184 ozone transport requirements. See: Reading,
Pennsylvania proposed and final rulemakings (61 FR 53174-53176, October
10, 1996 and 62 FR 24826, May
[[Page 6749]]
7, 1997); Cleveland-Akron-Loraine, Ohio final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida final rulemaking (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio ozone redesignation (65 FR 37890, June 19, 2000), and
the Pittsburgh, Pennsylvania ozone redesignation (66 FR 50399, October
19, 2001).
We have reviewed the Illinois SIP and conclude that it meets the
general SIP requirements under section 110 of the CAA applicable to the
State's request for redesignation. EPA has previously approved
provisions of the Illinois SIP addressing section 110 elements under
the 1-hour ozone standard (40 CFR 52.720 and 40 CFR 52.722). Further,
in a submittal dated December 12, 2007, Illinois confirmed that the
State continues to meet the section 110(a)(2) infrastructure
requirements for the 8-hour ozone standard. EPA approved elements of
this Illinois submittal on July 13, 2011, at 76 FR 41075. The
requirements of section 110(a)(2), however, are statewide requirements
that are not linked to the 8-hour ozone nonattainment status of the
Illinois portion of the Greater Chicago area. Therefore, EPA concludes
that these infrastructure elements are not applicable requirements for
purposes of review of the State's 8-hour ozone redesignation request.
b. Part D Requirements
EPA has determined that, if EPA finalizes the approval of the 2002
base year VOC and NOX emission inventories and the Illinois
VOC RACT rules, discussed below under the heading ``Subpart 2 Section
182(a) and (b) Requirements,'' the Illinois SIP will meet the SIP
requirements applicable for purposes of redesignation under part D of
the CAA for the Illinois portion of the Greater Chicago area. Subpart 1
of part D, found in sections 172-176 of the CAA, sets forth the basic
nonattainment area requirements applicable to all nonattainment areas.
Subpart 2 of part D, which includes section 182 of the CAA, establishes
additional, specific requirements for ozone nonattainment areas
depending on an area's ozone nonattainment classification.
As noted above, the Greater Chicago area was classified as moderate
nonattainment for the 1997 8-hour ozone standard under subpart 2 of
part D of the CAA. Therefore, Illinois must meet the requirements of
subpart 1 and subpart 2 of part D of the CAA applicable for purposes of
redesignation. The applicable subpart 1 requirements are contained in
sections 172(c)(1)-(9) and 176 of the CAA. The applicable subpart 2
requirements are contained in sections 182(a)-(b) (moderate
nonattainment area requirements) of the CAA.
Subpart 1 Section 172 Requirements
A thorough discussion of the requirements contained in section 172
can be found in the General Preamble for Implementation of Title I (57
FR 13498, April 16, 1992).
Section 172(c)(1) requires the state plans for all nonattainment
areas to provide for the implementation of Reasonably Available Control
Measures (RACM), including RACT at a minimum, as expeditiously as
practicable. EPA interprets this requirement to impose a duty on all
states with nonattainment areas to consider all available control
measures and to adopt and implement such measures as are reasonably
available for implementation in the areas as components of the areas'
attainment demonstrations (the attainment demonstrations must address
RACM). Because attainment of the 1997 8-hour ozone standard has been
reached in the Greater Chicago area, no additional RACM measures,
beyond RACT, are needed to provide for attainment, and section
172(c)(1) requirements (other than RACT) are no longer considered to be
applicable as a prerequisite for approval of Illinois' redesignation
request, provided the Greater Chicago area continues to attain the
standard until redesignation of the Illinois portion of the area
occurs. See 57 FR 13498, 13564 (April 16, 1991), 40 CFR 51.918.
Section 172(c)(2) requires plans for all nonattainment areas to
provide for RFP toward attainment of the NAAQS. This requirement is not
relevant to the Greater Chicago area for purposes of redesignation
because the Greater Chicago area has monitored attainment of the 1997
8-hour ozone standard. General Preamble, 57 FR 13564. In addition,
pursuant to EPA's determination of attainment of the 1997 8-hour ozone
standard for the Greater Chicago area, the requirement for RFP under
section 172(c)(2), as well as the section 172(c)(9) contingency measure
requirement, is suspended pursuant to 40 CFR 51.918.
Section 172(c)(3) requires submission and EPA approval of a
comprehensive, accurate, and current inventory of actual emissions.
This requirement is superseded by the emission inventory requirement in
section 182(a)(1) of the CAA. See the discussion of Illinois' emissions
inventory for the Illinois portion of the Greater Chicago area below in
section VII of this proposed rule.
Section 172(c)(4) requires the identification and quantification of
emissions for major new and modified stationary sources to be allowed
in an area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
in the nonattainment area. EPA approved the Illinois NSR program \5\ on
December 17, 1992 (57 FR 59928), September 27, 1995 (60 FR 49780), and
May 13, 2003 (68 FR 25504). Further, EPA has determined that, since PSD
requirements \6\ will apply after redesignation, an area being
redesignated to attainment need not comply with the requirement that a
NSR program be approved prior to redesignation, provided that the state
demonstrates maintenance of the NAAQS in the area without
implementation of part D NSR. A more detailed rationale for this view
is described in a memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation, dated October 14, 1994, titled ``Part D New
Source Review Requirements for Areas Requesting Redesignation to
Attainment.'' Illinois has demonstrated that the Greater Chicago area
will be able to maintain the 1997 8-hour ozone standard without the
continued implementation of the State's part D NSR program. Therefore,
EPA concludes that the State need not have a fully approved part D NSR
program as an applicable requirement for approval of the State's ozone
redesignation request. The State's PSD program will become effective in
the Chicago area upon redesignation to attainment of the 1997 8-hour
ozone standard. See redesignation rulemakings for Detroit, Michigan (60
FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665,
October 23, 2001); and, Grand Rapids, Michigan (61 FR 31834-31837, June
21, 1996).
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\5\ The NSR program controls the growth and permitting of major
source emissions in ozone nonattainment areas.
\6\ PSD requirements control the growth of new source emissions
in areas designated as attainment for a NAAQS.
---------------------------------------------------------------------------
Section 172(c)(6) requires the SIP to contain emission control
measures necessary to provide for attainment of the standard. Because
attainment has been reached in the Greater Chicago area, no additional
emission control measures are needed to provide for attainment of the
standard.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, in
[[Page 6750]]
section V.B.1.a, we conclude the Illinois SIP meets the requirements of
section 110(a)(2) applicable for purposes of redesignation.
Section 176 Conformity Requirements
Section 176(c) of the CAA requires States to establish criteria and
procedures to ensure that Federally-supported or funded activities,
including highway projects, conform to the air quality planning goals
of the SIPs. The requirement to determine conformity applies to
transportation plans, programs, and projects developed, funded, or
approved under title 23 of the U.S. Code and the Federal Transit Act
(transportation conformity) as well as to all other Federally-supported
or funded projects (general conformity). State conformity SIP revisions
must be consistent with Federal conformity regulations relating to
consultation, enforcement, and enforceability, which EPA promulgated
pursuant to CAA requirements.
EPA thinks that it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of evaluating the
redesignation request under section 107(d) for two reasons. First, the
requirement to submit SIP revisions to comply with the conformity
provisions of the CAA continues to apply to areas after redesignation
to attainment since such areas would be subject to section 175A
maintenance plans. Second, EPA's Federal conformity rules require the
performance of conformity analyses in the absence of Federally-approved
state rules. Therefore, because areas are subject to the conformity
requirements regardless of whether they are redesignated to attainment
and, because they must implement conformity under Federal rules if
state rules are not yet approved, EPA believes it is reasonable to view
these requirements as not applying for purposes of evaluating a
redesignation request. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001),
upholding this interpretation. See also 60 FR 62748, 62749-62750
(December 7, 1995) (Tampa, Florida).
EPA approved Illinois' general conformity SIP on December 23, 1997
(62 FR 67000). Illinois does not have a Federally-approved
transportation conformity SIP. However, Illinois performs conformity
analyses pursuant to EPA's Federal conformity rules. Illinois has
submitted on-road motor vehicle emission budgets for the Illinois
portion of the Greater Chicago area of 117.23 tons VOC per ozone season
weekday and 373.52 tons NOX per ozone season weekday for
2008 and 48.13 tons VOC per ozone season weekday and 125.27 tons
NOX per ozone season weekday for 2025, respectively.
Illinois must use these MVEBs in any conformity determination that is
effective on or after the effective date of the ozone maintenance plan
approval.
Subpart 2 Section 182(a) and (b) Requirements
As set forth in the September 4, 1992, and September 17, 1993, EPA
guidance memoranda referenced in section IV of this action, only those
requirements which came due prior to Illinois' July 23, 2009, submittal
of the request for redesignation of the Illinois portion of the Greater
Chicago area must be fully approved into the SIP by the time EPA
approves the redesignation of the area to attainment. These
requirements are discussed below.
Comprehensive Emissions Inventory. Section 182(a)(1) requires the
submission of a comprehensive, accurate, current emission inventory of
ozone precursor emissions as a revision of the SIP. IEPA submitted
inventories of 2002 VOC and NOX emissions for the Illinois
portion of the Greater Chicago area on June 21, 2006, to meet the
requirements of section 182(a)(1). On September 16, 2011, IEPA
supplemented the 2002 emissions inventory with updated on-road mobile
source emission estimates based on the use of EPA's MOVES model. As
discussed below, EPA is proposing to approve the 2002 emission
inventories as meeting the section 182(a)(1) emission inventory
requirement.
Emission Statements. Section 182(a)(3)(B) requires a State to adopt
provisions in the SIP to require the owners or operators of stationary
sources of VOC or NOX to provide the state with annual
statements of actual emissions from the sources. EPA approved Illinois'
emission statement SIP revisions on September 9, 1993 (58 FR 47379),
and May 15, 2002 (67 FR 34614).
Reasonable Further Progress and Attainment Demonstrations. On July
2, 2007, IEPA submitted an attainment demonstration for the Greater
Chicago area and an RFP plan for the Illinois portion of the Greater
Chicago area as required by section 182(b)(1) of the CAA. Because
attainment has been reached,\7\ section 182(b)(1) planning requirements
are no longer considered to be applicable for purposes of redesignation
as long as the area continues to attain the standard. If EPA finalizes
approval of the redesignation of the Illinois portion of the Greater
Chicago area, EPA will take no further action on the ozone attainment
demonstration and RFP plan submitted by Illinois for this area.
---------------------------------------------------------------------------
\7\ EPA proposed, on September 24, 2009 (74 FR 48703), to find
that the Greater Chicago nonattainment area had attained the 1997 8-
hour ozone standard. EPA finalized this determination of attainment
on March 12, 2010 (75 FR 12088).
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VOC RACT. Section 182(b)(2) requires states with moderate ozone
nonattainment areas to implement RACT under section 172(c)(1) with
respect to each of the following: (1) All sources covered by a Control
Technology Guideline (CTG) document issued between November 15, 1990,
and the date of attainment; (2) all sources covered by a CTG document
issued prior to November 15, 1990; and, (3) all other major non-CTG
stationary sources.\8\
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\8\ In moderate ozone nonattainment areas, major stationary
sources of VOC are those that have a potential emit 100 tons VOC per
year or more.
---------------------------------------------------------------------------
As required under the 1-hour ozone standard, Illinois submitted VOC
RACT rules covering the second and third source categories above. EPA
approved these VOC RACT rules on February 21, 1980 (45 FR 11472),
November 21, 1987 (52 FR 45333), and September 9, 1994 (59 FR 46562).
EPA issued CTGs for five source categories in September 2006, three
source categories in September 2007, and five source categories in
September 2008. States with ozone nonattainment areas classified as
moderate and above were required to submit VOC RACT for the source
categories covered by these CTGs within one year after the release of
each CTG, by September 2007, September 2008, and September 2009,
respectively.
Illinois submitted a SIP revision to address all of the new CTGs on
July 29, 2010, September 16, 2011, and September 29, 2011. EPA is
taking action on these revisions in a separate rulemaking action. Full
approval of IEPA's VOC RACT submittals is a prerequisite for approval
of the redesignation of the Illinois portion of the Greater Chicago
area to attainment of the 1997 8-hour ozone standard.
NOX RACT. Section 182(f) of the CAA establishes NOX
requirements for ozone nonattainment areas. Section 182(f)(1) generally
requires major sources of NOX to be covered by the same
levels of emission controls as required for major sources of VOC. Since
moderate (or above) ozone nonattainment areas are required to be
covered by RACT rules for major VOC sources, these ozone nonattainment
areas are also required to have NOX RACT rules. Section
182(f)(1) of the CAA, however, also provides that the requirement for
such NOX emission
[[Page 6751]]
controls does not apply (can be waived) in an area if the Administrator
determines that net air quality benefits are greater in the absence of
the NOX emission reductions. The NOX emission
control requirements can also be waived if the Administrator determines
that additional reductions of NOX emissions would not
contribute to attainment of the ozone NAAQS.
In its July 29, 2010, submittal, IEPA requested a waiver from the
NOX RACT requirements based on the fact that the 1997 8-hour
ozone standard had been attained in the Greater Chicago area and
additional NOX emission reductions in this area are not
needed to attain the ozone standard. Based on a clean air determination
for this area for the 1997 8-hour ozone standard, EPA granted Illinois
a waiver from NOX RACT for this area on February 22, 2011
(76 FR 9655).
Stage II Vapor Recovery. Section 182(b)(3) of the CAA requires
states with moderate nonattainment areas to submit Stage II vapor
recovery rules (requiring the capture of gasoline vapor at service
stations during vehicle refueling). EPA approved Illinois' Stage II
vapor recovery regulations on January 12, 1993 (58 FR 3841). Illinois
has implemented and continues to implement Stage II vapor recovery
rules in the Illinois portion of the Greater Chicago area.
Vehicle Inspection and Maintenance (I/M). Section 182(b)(4) of the
CAA and EPA's final I/M regulations in 40 CFR part 85 require states
with moderate (or above) ozone nonattainment areas to submit a fully
adopted I/M programs as a revision of the SIP. EPA approved Illinois'
enhanced I/M program on February 22, 1999 (64 FR 8517).
Thus, as discussed above, with EPA approval of the 2002 base year
emission inventories and Illinois' VOC RACT submittals, the Illinois
portion of the Greater Chicago area will satisfy the requirements
applicable for purposes of redesignation under section 110 and part D
of the CAA.
2. The Illinois Portion of the Greater Chicago Area Has a Fully
Approved SIP for Purposes of Redesignation Under Section 110 of the CAA
If EPA issues a final approval of the 2002 base year emission
inventories and the Illinois VOC RACT submittals, EPA will have fully
approved the Illinois SIP for the Illinois portion of the Greater
Chicago area under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation. EPA may rely on prior SIP
approvals when rulemaking on a redesignation request (see page 3 of the
September 4, 1992, John Calcagni memorandum; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998), Wall
v. EPA, 265 F.3d 426 (6th Cir. 2001)) plus any additional measures it
may approve in conjunction with a redesignation action. See 68 FR
25412, 25426 (May 12, 2003).
Since the passage of the CAA of 1970, Illinois has adopted and
submitted, and EPA has fully approved, SIP provisions addressing
various required SIP elements under the 1-hour ozone standard. In this
action, EPA is proposing to approve Illinois' 2002 base year emission
inventories for the Illinois portion of the Greater Chicago area as
meeting the requirement of section 182(a)(1) of the CAA. As noted
above, in a separate rule, EPA is proposing action on the Illinois VOC
RACT submittals.
No SIP provisions for the Illinois portion of the Greater Chicago
area are currently disapproved, conditionally approved, or partially
approved.
3. The Illinois Portion of the Greater Chicago Area Has a Fully
Approved SIP and Meets Anti-Backsliding Requirements Under the 1-Hour
Ozone Standard
The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone NAAQS requirements that continue to apply after the
revocation of the 1-hour ozone NAAQS for former 1-hour ozone
nonattainment areas. 40 CFR 51.905(a)(1) provides that:
The area remains subject to the obligations to adopt and
implement the applicable requirements defined in 40 CFR 51.900(f),
except as provided in paragraph (a)(1)(iii) of this section and
except as provided in paragraph (b) of this section.
40 CFR 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005),
provides that:
Applicable requirements means that for an area that the
following requirements, to the extent such requirements applied to
the area for the area's classification under section 181(a)(1) of
the CAA for the one-hour NAAQS at the time of designation for the
eight-hour NAAQS, remain in effect:
(1) RACT.
(2) I/M.
(3) Major source applicability cut-offs for purposes of RACT.
(4) ROP reductions.
(5) Stage II vapor recovery.
(6) Clean fuels fleet program under section 182(c)(4) of the
CAA.
(7) Clean fuels for boilers under section 182(e)(3) of the CAA.
(8) TCMs during heavy traffic hours as provided under section
182(e)(4) of the CAA.
(9) Enhanced (ambient) monitoring under section 182(c)(1) of the
CAA.
(10) TCMs under section 182(c)(5) of the CAA.
(11) VMT provisions of section 182(d)(1) of the CAA.
(12) NOX requirements under section 182(f) of the
CAA.
(13) Attainment demonstration or alternative as provided under
40 CFR 51.905(a)(1)(ii).
In addition to applicable requirements listed under 40 CFR
51.900(f) and as discussed above, the state must also comply with the
1-hour anti-backsliding requirements discussed in the Court's decisions
in South Coast Air Quality Management Dist. v. EPA: (1) NSR
requirements based on the area's 1-hour ozone nonattainment
classification; (2) section 185 source penalty fees; (3) contingency
measures to be implemented pursuant to section 172(c)(9) or 182(c)(9)
of the CAA for areas not making reasonable further progress toward
attainment of the 1-hour ozone NAAQS, or for failure to attain the 1-
hour ozone NAAQS; and, (4) transportation conformity requirements for
certain types of Federal actions.
Pursuant to 40 CFR 51.905(c), the Illinois portion of the Greater
Chicago area is subject to the obligations set forth in 40 CFR
51.905(a) and 40 CFR 51.900(f). The following paragraphs address the 1-
hour ozone SIP requirements applicable to the Illinois portion of the
Greater Chicago area pursuant to these anti-backsliding requirements
and those discussed in the Court's decision in South Coast Air Quality
Management Dist. v. EPA. Note that Illinois commits to continue to
comply with these requirements unless revised through SIP revisions
approved by EPA.
Prior to the revocation of the 1-hour ozone standard on June 15,
2005, the Greater Chicago area was classified as a severe nonattainment
area for the 1-hour ozone standard with an attainment deadline of
November 15, 2007, and, therefore, was subject to ozone SIP
requirements for severe 1-hour ozone nonattainment areas (sections
182(a) through 182(d) of the CAA). In reviewing Illinois' ozone
redesignation request for the Illinois portion of the Greater Chicago
area, we assessed whether the area satisfied the CAA requirements under
the 1-hour ozone standard. We conclude that this area and the State of
Illinois have satisfied all anti-backsliding CAA requirements
applicable to a severe ozone nonattainment area by complying with all
applicable 1-hour ozone SIP requirements. The following discusses how
the applicable CAA requirements have been met in the Illinois portion
of the Greater Chicago area.
[[Page 6752]]
40 CFR 51.900(f)(1) RACT
Section 182(a)(2)(A) of the CAA requires RACT corrections. Section
182(b)(2) requires RACT for each category of VOC sources covered by a
CTG and for all other major sources of VOC within an ozone
nonattainment area. Section 182(d) specifies requirements for severe
ozone nonattainment areas, including a major source emissions cut-off
of 25 tons per year. Section 182(f), as discussed above in section
V.B.2, requires major sources of NOX in an ozone
nonattainment area to be covered by emission control requirements
equivalent to those required for major sources of VOC, unless EPA
waives the NOX emission control requirements as provided in
section 182(f). The section 182(f) NOX emission control
requirements include NOX RACT in ozone nonattainment areas
required to implement VOC RACT for 1-hour ozone nonattainment areas
classified as moderate or above.
Under the 1-hour ozone standard, EPA fully approved Illinois' VOC
RACT regulations as SIP revisions for CTG sources and for major non-CTG
sources through rulemakings on the following dates: February 21, 1980
(45 FR 11472); November 21, 1987 (52 FR 45333); and, September 9, 1994
(59 FR 46562). As noted elsewhere in this proposed rule, on September
16, 2011, Illinois EPA submitted final, adopted VOC emission control
regulations covering CTG-source categories not yet addressed and
covered by the Illinois ozone SIP. As noted above, on July 29, 2010,
Illinois submitted a NOX RACT waiver request for the
Illinois portion of the Chicago area. On February 22, 2011, at 76 FR
9655, we approved Illinois' NOX RACT waiver request for this
area based on an ozone clean air determination. This suspended the
NOX RACT requirement for the Illinois portion of the Greater
Chicago area for as long the Greater Chicago area continues to attain
the 1997 8-hour ozone standard, and becomes permanent for the 1997 8-
hour ozone standard if EPA approves the redesignation of the Illinois
portion of the Greater Chicago area to attainment of this standard.
As noted elsewhere in this proposed rule, we cannot approve
Illinois' ozone redesignation request in a final rule until we can also
approve all of Illinois' required VOC RACT rules through a final rule.
With these new final rule approvals, we can conclude that Illinois has
met all RACT requirements under the 1-hour ozone standard, as well as
the 1997 8-hour ozone standard.
40 CFR 51.900(f)(2) Vehicle I/M
Through rulemaking on February 22, 1999 (64 FR 8517), EPA fully
approved Illinois' vehicle I/M program as meeting the enhanced I/M
requirements of section 182(c)(3) of the CAA. Therefore, the Illinois
portion of the Greater Chicago area meets the I/M requirements for
severe 1-hour ozone nonattainment areas.
40 CFR 51.900(f)(3) Major Source Size Cutoff for RACT
We have determined that Illinois' VOC RACT rules for CTG source
categories already incorporated into Illinois' ozone SIP and the new
CTG-based VOC RACT rules currently being reviewed by the EPA cover
source size cut-offs that are well below CTG-recommended major source
cut-offs for severe ozone nonattainment areas. In addition, Illinois'
major non-CTG source RACT rule covers all sources with the potential to
emit VOC at or in excess of 25 tons per year. Therefore, Illinois' RACT
rules meet the major source size cut-off requirement of section 182(d)
of the CAA.
40 CFR 51.900(f)(4) ROP
Sections 182(b)(1)(A) and 182(c)(2)(B) of the CAA establish the ROP
requirements for ozone nonattainment areas. EPA has fully approved
Illinois' SIP revisions that demonstrate that Illinois achieved ROP in
the Illinois portion of the Greater Chicago area. On December 18, 1997,
at 62 FR 66279, EPA approved Illinois' plan to achieve a 15 percent
reduction in VOC emissions in the Illinois portion of the Greater
Chicago area, as required in section 182(b) of the CAA. On December 18,
2000, at 65 FR 78961, EPA approved Illinois' plan to achieve ROP
between 1996 and 1999 in this area, meeting the ROP requirements of
section 182(c) of the CAA. Finally, on November 13, 2001, at 66 FR
56904, EPA approved Illinois' plan to achieve ROP emission reductions
for the period of 1999 through 2007. Therefore, Illinois has met all 1-
hour ozone ROP requirements for the Illinois portion of the Greater
Chicago area.
40 CFR 51.900(f)(5) Stage II Gasoline Vapor Recovery
On January 12, 1993 (58 FR 3841), EPA approved Illinois' Stage II
gasoline vapor recovery rules for the Illinois portion of the Greater
Chicago area as required by section 182(b)(3) of the CAA.
40 CFR 51.900(f)(6) Clean Fuel Fleet Program
On March 19, 1996, at 61 FR 11139, EPA approved Illinois' clean
fuel fleet program rules as required by section 182(c)(4) of the CAA.
Therefore, the State of Illinois has met this CAA requirement under the
1-hour ozone standard.
40 CFR 51.900(f)(7) Clean Fuels for Boilers
Section 182(e)(3) of the CAA, which requires clean fuels for
boilers, does not apply to the Greater Chicago area. This CAA
requirement only applies to extreme ozone nonattainment areas.
40 CFR 51.900(f)(8) Traffic Control Measures During Heavy Traffic Hours
This requirement applies to areas subject to section 182(e)(4) of
the CAA, which covers extreme ozone nonattainment areas, and,
therefore, does not apply to the Greater Chicago area.
40 CFR 51.900(f)(9) Enhanced Ambient Monitoring
On February 25, 1994, EPA fully approved Illinois' SIP revision
establishing an enhanced monitoring program for ozone in the Illinois
portion of the Greater Chicago area. Therefore, Illinois has complied
with the enhanced monitoring requirement of section 182(c)(1) of the
CAA.
40 CFR 51.900(f)(10) Transportation Control Measures
Within six months of November 15, 1990, and every three years
thereafter, section 182(c)(5) of the CAA requires states to submit a
demonstration that current aggregate vehicle mileage, aggregate vehicle
emissions, congestion levels, and other relevant traffic-related and
vehicle emissions-related factors (collectively ``relevant
parameters'') are consistent with those used for the area's ozone
attainment demonstration for serious and above 1-hour ozone
nonattainment areas. If the levels of relevant parameters that are
projected in the attainment demonstration are exceeded, a state has 18
months to develop and submit a revision to the SIP to include TCMs to
reduce mobile source emissions to levels consistent with the emission
levels in the attainment demonstration.
On December 26, 2000, Illinois submitted a SIP revision request
consisting of an adopted emissions control strategy and a demonstration
that the Greater Chicago area would attain the 1-hour ozone standard by
November 15, 2007, the statutory attainment deadline for the area. EPA
[[Page 6753]]
approved this requested SIP revision on November 13, 2001 (66 FR
56904). This SIP revision provided base period mobile source
information for the Chicago area that can be compared to subsequent
mobile source information needed to demonstrate compliance with section
182(c)(5) of the CAA. Through revisions to State's emissions inventory
data, submitted to EPA every three years, Illinois has updated the
mobile source emissions, and related mobile source data, in the
Illinois portion of the Greater Chicago area on a three-year cycle.
These updated mobile source emissions can be compared to those
documented in the December 26, 2000 Illinois submittal to show the
downward trend in mobile source emissions. EPA, therefore, concludes
that Illinois has complied with the requirements of section 182(c)(5),
has no currently due section 182(c)(5) obligations.
In addition, the section 182(c)(5) requirements are also included
in those measures subject to EPA's interpretation under EPA's May 10,
1995, Clean Data Policy memorandum. That is, attainment of the 1-hour
ozone standard suspends the need for the State to submit additional
TCMs under section 182(c)(5) of the CAA. EPA, therefore, concludes
that, since the Greater Chicago area is attaining the 1-hour ozone
standard,\9\ any requirement for submitting the section 182(c)(5)
measures for the Illinois portion of the Greater Chicago area is
suspended. See also 40 CFR 51.918.
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\9\ See 73 FR 79652 (December 30, 2008).
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40 CFR 51.900(f)(11) Vehicle Miles Travelled
Section 182(d)(1)(A) of the CAA requires severe ozone nonattainment
areas to offset the growth in emissions attributed to growth in VMT; to
select and implement TCMs necessary to comply with the periodic
emission reduction requirements of sections 182(b) and (c); and, to
consider TCMs specified in section 108(f) of the CAA, and implement
TCMs as necessary to demonstrate attainment with the ozone standard.
Through rulemaking on September 21, 1995, at 60 FR 48896, EPA approved
Illinois' TCMs as meeting these requirements of the CAA.
40 CFR 51.900(f)(12) NOX Requirements Under Section 182(f)
As noted above, EPA approved a NOX emissions control
waiver for the Illinois portion of the Greater Chicago area for the 1-
hour ozone standard. See 61 FR 2428, January 26, 1996. In addition, we
have approved Illinois' NOX emission control regulations,
adopted in response to EPA's NOX SIP call. See 66 FR 56449
and 66 FR 56454, both published on November 8, 2001.
40 CFR 51.900(f)(13) Ozone Attainment Demonstration
As noted above, on November 13, 2001, at 66 FR 56904, EPA fully
approved Illinois' 1-hour ozone attainment demonstration SIP revision
for the Greater Chicago area. Therefore, Illinois has met the ozone
attainment demonstration requirements of sections 182(b)(1)(A) and
182(c)(2)(A) of the CAA for the 1-hour ozone standard.
New Source Review
As noted elsewhere in this proposed rule, EPA believes that a part
D NSR program is not an applicable requirement for purposes of
evaluating an ozone redesignation request. EPA has determined that
states with areas being redesignated to attainment need not have an
approved part D NSR program, provided that the states demonstrate
maintenance of the standard without part D NSR programs in effect.
Nonetheless, as also discussed above, the Court's decision in South
Coast Air Management Dist. v. EPA preserved 1-hour part D NSR
requirements as an anti-backsliding requirement. Section 182(a)(2)(C)
of the CAA requires states to adopt part D NSR permit programs and to
correct the existing part D NSR permit programs to meet EPA NSR
guidance issued prior to 1990. EPA approved Illinois' NSR permit
program as meeting EPA's guidance and CAA part D NSR requirements for
the 1-hour ozone standard, including the requirements in sections
182(c)(6), (c)(7) and (c)(8), and the source offset requirements in
section 182(d)(2), through rulemakings on September 27, 1995 (60 FR
49778).
Regardless of how one views the part D NSR requirements of the CAA
for purposes of redesignation, we concluded that Illinois has met the
NSR requirements with regard to Illinois' ozone redesignation request.
The State has an approved NSR program, and the approval status of this
NSR program is not relevant to Illinois' ozone redesignation request.
Section 185 Source Emission Penalty Fees
On December 30, 2008 (73 FR 79652), EPA finalized a determination
that the Greater Chicago area had attained the 1-hour ozone standard
based on 2005-2007 ozone data. Based on the determination of
attainment, the section 185 fee requirements no longer apply to the
Illinois portion of the Greater Chicago area and to the State of
Illinois.
Contingency Measures
Sections 172(c)(9) and 182(c)(9) of the CAA require the ozone
control portion of SIPs to contain measures to be implemented in the
event that any milestone (standard attainment date, rate-of-progress
emission reduction milestone dates, etc.) in the SIP is missed. EPA
approved Illinois' contingency measures for attainment of the 1-hour
ozone standard in the Greater Chicago area in our approval of the
State's 1-hour ozone attainment plan. See 66 FR 56904, November 13,
2001.
Transportation Conformity
The transportation conformity portion of the court's ruling in
South Coast Air Quality Management District v. EPA does not impact the
redesignation request for the Illinois portion of the Greater Chicago
area because there are no transportation conformity requirements that
are relevant to redesignation requests for any standard, including the
requirement for a state to submit a transportation conformity SIP.\10\
Under longstanding EPA policy, EPA thinks that it is reasonable to
interpret the conformity SIP requirements as not applying for purposes
of evaluating a redesignation request under section 107(d) because
State conformity rules are still required after redesignation and
Federal conformity rules apply where state rules have not been
approved. See 40 CFR 51.390. Also see Wall v. EPA, 265 F.3d 426 (6th
Cir. 2001), upholding this interpretation, and 60 FR 62748 (December 7,
1995) (Tampa, Florida ozone redesignation).
---------------------------------------------------------------------------
\10\ CAA section 176(c)(4)(E) requires states to submit
revisions to their SIPs to reflect certain Federal criteria and
procedures for determining transportation conformity. Transportation
conformity SIPs are different from MVEBs that are established in
control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------
Conclusions
For the above reasons, EPA concludes that Illinois has met all
applicable part D SIP requirements for the 1-hour ozone standard as
addressed in the court's and EPA's anti-backsliding requirements for
the purposes of redesignation of the Illinois portion of the Greater
Chicago area to attainment of the 1997 8-hour ozone standard. It is
again noted that the State of Illinois has committed in its maintenance
plan to maintain the VOC and NOX emission controls already
in place and included in Illinois' ozone SIP, as approved by EPA.
[[Page 6754]]
C. Are the air quality improvements in the Greater Chicago area due to
permanent and enforceable emission reductions?
EPA finds that Illinois has demonstrated that the observed air
quality improvement in the Greater Chicago area is due to permanent and
enforceable reductions in emissions resulting from the implementation
of the Illinois and Indiana SIPs, Federal measures, and other State-
adopted measures. As discussed below, Illinois made this demonstration
by considering VOC and NOX emissions in the entire Greater
Chicago area as well as emission reductions in upwind areas (primarily
resulting from the implementation of EPA's NOX SIP call)
contributing to pollution transport into the Greater Chicago area.
In making this demonstration, Illinois first determined and
documented the changes in VOC and NOX emissions in the
Illinois portion of the Greater Chicago area between 2002 (a standard-
violation year) and 2008 (an attainment year). Second, the State
documented the VOC and NOX emission controls that have been
implemented in the Greater Chicago area. Illinois demonstrated that the
reductions in emissions and the corresponding improvement in air
quality over the intervening period (2002-2008) can be attributed to a
number of regulatory control measures that the Greater Chicago area and
upwind areas have implemented in recent years.
1. Permanent and Enforceable Controls Implemented
The following is a discussion of the permanent and enforceable
emission control measures that have been implemented in the Greater
Chicago area and in upwind areas that have resulted in VOC and
NOX emission reductions subsequent to the ozone standard
violation period (2001-2003) in the Greater Chicago area.
a. Attainment Demonstration Emission Control Measures
On March 18, 2009, IEPA submitted an ozone attainment demonstration
plan for the Greater Chicago area to EPA. Even though EPA has not taken
action on this attainment demonstration as a revision of the Illinois
SIP,\11\ Illinois notes that the VOC and NOX emission
controls contained in the attainment plan have been implemented,
resulting in VOC and NOX emission reductions that have
contributed to attainment of the 1997 8-hour ozone standard in the
Greater Chicago area. The implemented emission control measures include
the following:
---------------------------------------------------------------------------
\11\ Since EPA has determined that the Greater Chicago
nonattainment area has attained the 1997 8-hour ozone standard
(March 12, 2010, 75 FR 12088), EPA concludes that it is not
necessary for it to take action on Illinois' ozone attainment
demonstration.
---------------------------------------------------------------------------
NOX SIP call emission controls
New Source Performance Standards (NSPS), National Emission
Standards for Hazardous Air Pollutants (NESHAPS), and Maximum Available
Control Technology (MACT) standards for new sources
VOC Solvent Category Emission Controls: Aerosol Coatings;
Architectural and Industrial Maintenance (AIM) Coatings; and Consumer
Solvents
Enhanced Vehicle Inspection and Maintenance
Reformulated Gasoline
Federal Tier 2 Motor Vehicle Emission Standards and
Gasoline Sulfur Control Requirements
Federal On-Highway Heavy-Duty Engine and Vehicle
Standards, and Federal Highway Diesel Fuel Sulfur Control Requirements
Federal Off-Road Mobile Source Emission Control Programs
Incorporated into EPA's NONROAD Emissions Model, including EPA's
Nonroad Diesel Emissions Control Rule and Evaporative Large Spark
Ignition and Recreational Vehicle Standards
Federal Tier 4 Nonroad Diesel Engine Standards and Diesel
Fuel Sulfur Content Restrictions
Marine Compression-Ignition Engine Standards and
Locomotive Engine Standards
Consent Decrees requiring emission controls for: Dynergy
Midwest Generation; Conoco Phillips; CITGO; Exxon-Mobil; Marathon
Ashland; and Archer Daniels Midland.
All of these emission controls are permanent and are currently being
enforced by the State or by the Federal government.
b. Reasonable Further Progress (RFP)
Since the Greater Chicago area was classified as a moderate
nonattainment area for the 1997 8-hour ozone standard, Illinois was
required to achieve a 15 percent net reduction in VOC emissions in the
Illinois portion of the Greater Chicago area between 2002 and 2008 to
meet the RFP requirements of CAA section 182(b)(1)(A). These emission
reductions were primarily achieved through the implementation of the
emission controls listed above for the ozone attainment demonstration
plan. These emission controls resulted in a 15.7 percent reduction in
VOC emissions in the Illinois portion of the Greater Chicago area
between 2002 and 2008, and continued to provide additional VOC emission
controls in 2009 and 2010. IEPA estimates that these VOC emission
controls resulted in a VOC emission reduction of 210 tons per day
between 2002 and 2008 in the Illinois portion of the Greater Chicago
area.
c. Reasonably Available Control Technology
RACT is required for all major stationary sources of VOC in the
Greater Chicago area. Since the Greater Chicago area was designated as
a moderate nonattainment area for ozone under the 1997 8-hour ozone
standard, a major stationary source is any source that has a potential
to emit VOC equal to or greater than 100 tons per year. EPA defines
RACT as the lowest emission limitation that a source is capable of
meeting by the application of control technology that is reasonably
available considering technological feasibility and economic
reasonableness (70 FR 71612, November 29, 2005). The sum of emissions
from all emission units at a source facility determines if the source
facility is a major source and, therefore, subject to RACT
requirements.
Sections 172 and 182(b)(2) of the CAA required implementation of
VOC RACT for sources that are subject to CTGs that have been published
by the EPA. In addition to CTG source categories, major VOC sources
that are not covered by any CTG must also be covered by State RACT
regulations.
Illinois has adopted and implemented all required VOC RACT
regulations with the exception of source categories covered by CTGs
published in 2006, 2007, and 2008. The State has documented that the
implemented VOC RACT rules have reduced VOC emissions in the Illinois
portion of the Greater Chicago area, contributing to the attainment of
the 1997 8-hour ozone standard in the Greater Chicago area.
d. Additional Emission Control Measures
In addition to VOC emission reductions resulting from the
implementation of VOC RACT in the Illinois portion of the Greater
Chicago area, IEPA points out that additional VOC emission reductions
were achieved in this area as the result of the implementation of MACT
and achieving NESHAPS for VOC sources that also emit toxic chemicals,
and implementation of NSPS for new VOC sources. Illinois believes that
all of these emission control requirements are more stringent than
RACT, and, therefore, have resulted in additional VOC
[[Page 6755]]
reductions in the Illinois portion of the Greater Chicago area.\12\
---------------------------------------------------------------------------
\12\ It should be noted that Illinois' VOC RACT rules generally
exclude sources subject to MACT, NSPS, and NESHAPS from VOC RACT
rules' emission reduction requirements. Nonetheless, we agree that
additional emission reduction requirements have further lowered VOC
emissions in the subject area.
---------------------------------------------------------------------------
e. Federal Emission Control Measures
Reductions in VOC and NOX emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following.
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. 40 CFR part 86, subpart S. These emission control
requirements result in lower VOC and NOX emissions from new
cars and light duty trucks, including sport utility vehicles. The
Federal rules were phased in between 2004 and 2009. EPA has estimated
that, by the end of the phase-in period, the following vehicle
NOX emission reductions will occur nationwide: Passenger
cars (light duty vehicles) (77 percent); light duty trucks, minivans,
and sports utility vehicles (86 percent); and larger sports utility
vehicles, vans, and heavier trucks (69 to 95 percent). VOC emission
reductions are expected to range from 12 to 18 percent, depending on
vehicle class, over the same period. Although some of these emission
reductions occurred by the attainment years (2006-2008) in the Greater
Chicago area, additional emission reductions will occur during the
maintenance period for the Illinois portion of the Greater Chicago
area. For example, the Tier 2 emission standards for passenger vehicles
weighing over 8,500 pounds were not implemented until 2008 or later.
Heavy-Duty Diesel Engine Rule. EPA issued this rule in January 2001
(66 FR 5002). This rule includes standards limiting the sulfur content
of diesel fuel, which went into effect in 2004. A second phase took
effect in 2007, which further reduced the highway diesel fuel sulfur
content to 15 parts per million, leading to additional reductions in
combustion NOX and VOC emissions. This rule is expected to
achieve a 95 percent reduction in NOX emissions from diesel
trucks and buses.
Non-Road Diesel Rule. EPA issued this rule in June 2004 (69 FR
38958), which applies to diesel engines used in industries, such as
construction, agriculture, and mining. It is estimated that compliance
with this rule will cut NOX emissions from non-road diesel
engines by up to 90 percent. The non-road diesel rule was fully
implemented by 2010.
NSPS, NESHAPS, and MACT. A broad range of emission sectors are
subject to Federal NSPS, NESHAPS, and MACT standards with compliance
deadlines that led to VOC emission reductions after 2002 and prior to
2008/2009.
f. Controls To Remain in Effect
Illinois commits to maintain all of the current emission control
measures for VOC and NOX after the Illinois portion of the
Greater Chicago area is redesignated to attainment. Illinois also
commits to submit any emission control revisions needed for maintenance
of the ozone standard in the Greater Chicago area to the EPA as
requested SIP revisions. Illinois has the legal authority and necessary
resources to actively enforce against any violations of the State's air
pollution emission control rules.
2. Emission Reductions
Illinois chose 2008 (the end of the 3-year period in which the
Greater Chicago area first attained the 1997 8-hour ozone standard) as
the attainment year. IEPA compared 2002 and 2008 VOC and NOX
emissions to show that emission reductions have occurred in the area,
explaining the ozone air quality improvement in the area.
As required by sections 172(c)(3) and 182(a)(1) of the CAA and
EPA's Phase 2 ozone implementation rule (November 29, 2005, at 70 FR
71612), IEPA prepared comprehensive VOC and NOX emission
inventories for 2002. These emission inventories and their
documentation were submitted to the EPA in June 2006. Table 2
summarizes the 2002 VOC and NOX emissions by source category
and by pollutant for the Illinois portion of the Greater Chicago area.
For a discussion of emission inventory preparation methods used to
develop these emission inventories, see the discussion of 2002 base
year emission inventories below in section VII of this proposed rule.
Table 2--Total Anthropogenic VOC and NOX Emissions in the Illinois
Portion of the Greater Chicago Area in 2002
[Tons per ozone season weekday]
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Point Sources................... 76.62 307.73
Area Sources.................... 520.21 42.93
On-Road Mobile Sources.......... 168.06 540.13
Off-Road Mobile Sources......... 233.77 326.65
���������������������������������
Total....................... 998.66 1217.44
------------------------------------------------------------------------
To demonstrate that VOC and NOX emissions have decreased
between a standard violation year and the attainment year, IEPA
documented the VOC and NOX emissions in the Illinois portion
of the Greater Chicago area for 2008 and compared these emissions to
those in 2002.
For the attainment year, point source emissions were compiled from
2008 annual emission reports submitted to the IEPA, in compliance with
the State's point source emission statement reporting regulations, and
from EPA's Clean Air Markets Division emissions database for electric
utilities. Area sources were projected from the 2002 area source
emissions using source type-specific growth factors. On-road mobile
source emissions were calculated using EPA's MOVES emissions model and
vehicle miles travelled data provided by the Illinois Department of
Transportation. Off-road emissions were calculated using EPA's NONROAD
emissions model. These emission estimation procedures are consistent
with those used to develop the 2002 emission inventories. Biogenic
emissions were not included in the 2008 emission inventories (and also
not in the 2002 emission inventories) because it was assumed that these
emissions are
[[Page 6756]]
approximately constant over the time period (2002-2008) considered.
Table 3 summarizes the 2008 VOC and NOX emissions in the
Illinois portion of the Greater Chicago area. From this table and table
2, it can be seen that VOC and NOX emissions have decreased
significantly in the Illinois portion of the Greater Chicago area
between 2002 and 2008. IEPA concludes that the decrease in VOC and
NOX emissions during the 2002-2008 period are primarily due
to the implementation of permanent and enforceable emission controls,
and are the primary cause (along with emission reductions in the
Indiana portion of the Greater Chicago area) of the ozone air quality
improvement in the Greater Chicago area. We concur with the State's
conclusion.
Table 3--Total Anthropogenic VOC and NOX Emissions in the Illinois
Portion of the Greater Chicago Area in 2008
[Tons per ozone season weekday]
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Point Sources................................. 53.27 154.50
Area Sources.................................. 351.51 38.56
On-Road Mobile Sources........................ 117.23 373.52
Off-Road Mobile Sources....................... 265.44 330.18
-------------------------
Total..................................... 787.45 896.76
------------------------------------------------------------------------
One must also consider the total VOC and NOX emissions
for the Greater Chicago area. EPA has consistently concluded that
emissions from all portions of ozone nonattainment areas have the
potential to contribute to ozone standard violations anywhere within
the ozone nonattainment areas. Therefore, for the Greater Chicago area,
it is important to also consider the changes in VOC and NOX
emissions from the Indiana portion of the Greater Chicago area. In a
March 12, 2010, proposed rulemaking (75 FR 12090) addressing an ozone
redesignation request from the State of Indiana, we discussed the 2002,
2006, and 2010 VOC and NOX emissions for Lake and Porter
Counties, Indiana. Table 2 of that proposed rule (75 FR 12103) lists
2002 VOC and NOX emissions for Lake and Porter Counties, and
table 7 of that proposed rulemaking (75 FR 12106) lists 2006 and 2010
VOC and NOX emissions for these counties. The 2006 and 2010
emissions may be interpolated to estimate the 2008 emissions for Lake
and Porter Counties. Adding 2002 and estimated 2008 Lake and Porter
Counties' emissions to those in tables 2 and 3 for the Illinois portion
of the Greater Chicago area above gives the total 2002 and 2008 VOC and
NOX emissions for the Greater Chicago area. The total 2002
and 2008 VOC and NOX emissions for the Greater Chicago area
are listed in table 4 of this proposed rule. The change in emissions
between 2002 and 2008 emissions for the Greater Chicago area shows that
VOC and NOX emissions have significantly decreased in this
area between 2002 and 2008. We conclude that these emission reductions
have contributed to attainment of the ozone standard in this area.
Table 4--2002 and 2008 VOC and NOX Emissions Totals in the Greater
Chicago Area
[Tons per ozone season/summer weekday]
------------------------------------------------------------------------
Source category VOC 2002 VOC 2008
------------------------------------------------------------------------
Point Sources................................. 101.18 71.87
Area Sources.................................. 555.30 382.15
On-Road Mobile Sources........................ 188.06 129.65
Off-Road Mobile Sources....................... 268.86 281.06
-------------------------
Total VOC................................. 1113.4 864.7
------------------------------------------------------------------------
NOX 2002 NOX 2008
------------------------------------------------------------------------
Point Sources................................. 494.17 272.82
Area Sources.................................. 48.65 45.08
On-Road Mobile Sources........................ 595.13 422.89
Off-Road Mobile Sources....................... 365.26 360.02
-------------------------
Total NOX................................. 1503.2 1100.8
------------------------------------------------------------------------
Besides the 2002-2008 reductions in VOC and NOX
emissions in the Illinois and Indiana portions of the Greater Chicago
area, IEPA also notes that upwind areas have lowered their VOC and
NOX emissions during this period. Illinois, however, has not
documented these emission reductions in the redesignation request.
D. Does Illinois have a fully approvable ozone maintenance plan?
1. Maintenance Plan Requirements
Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the maintenance plan must demonstrate
continued attainment of the applicable NAAQS for at least 10 years
after the Administrator approves a redesignation to attainment. Eight
years after the redesignation, the state must submit a revised
maintenance plan which demonstrates that attainment of the NAAQS will
continue to be maintained for 10 years following the initial 10-year
maintenance period. To address the possibility of future NAAQS
violations, the maintenance plan must contain contingency measures with
a schedule for implementation, as EPA deems necessary, to assure prompt
correction of any future standard violations.
The September 4, 1992, John Calcagni memorandum provides additional
guidance on the content of maintenance plans. The memorandum clarifies
that an ozone maintenance plan should, at minimum, address the
following: (1) The attainment VOC and NOX emission
inventories; (2) a maintenance demonstration showing maintenance for
the 10-year maintenance period; (3) a commitment to maintain the
existing monitoring network; (4) factors and procedures to be used for
verification of continued attainment of the NAAQS; and, (5) a
contingency plan to prevent or correct future violations of the NAAQS.
2. Attainment Inventory
As noted above, 2008 is the final year of the 3-year period (2006-
2008) in which all ozone monitors in the Greater Chicago nonattainment
area recorded attainment of the 1997 8-hour ozone standard. Therefore,
IEPA chose 2008 as an attainment year. The discussion above describes
how Illinois derived the 2008 VOC and NOX emission
inventories for the Illinois portion of the Greater Chicago area.
3. Has the State documented maintenance of the ozone standard in the
Illinois portion of the Greater Chicago area?
The maintenance plan, as revised in the State's September 16, 2011,
submittal, shows maintenance of the 1997 8-hour ozone standard through
2025 by showing that future (2015, 2020, and 2025) VOC and
NOX emissions for the Illinois portion of the Greater
Chicago area remain at or below attainment year (2008) emission
levels.\13\
---------------------------------------------------------------------------
\13\ A maintenance demonstration need not be based on ozone
modeling. See Wall v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66
FR 53094, 53099-53100 (October 19, 2001), and 68 FR 25413, 25430-
25432 (May 12, 2003).
---------------------------------------------------------------------------
Point source emissions in the Illinois portion of the Greater
Chicago area were projected to 2015, 2020, and 2025 using 2002 and 2008
point source emissions and source category-specific growth factors.
Area source emissions were similarly projected to 2015, 2020, and 2025
using the 2002 and 2008 area source emissions and source category-
specific growth factors. Area source category emissions, determined
using county populations, were projected by
[[Page 6757]]
using projected growth in county-specific populations. Off-road mobile
source emissions were projected using the 2002 emissions and growth
factors contained in EPA's NONROAD model. On-road mobile source
emissions were estimated using projected VMT levels and the MOVES
model. The projected mobile source emissions assumed the continued use
of reformulated gasoline, the phase-in of Tier 2 motor vehicle emission
standards, and the operation of an enhanced vehicle inspection and
maintenance program in the Illinois portion of the Greater Chicago
area.
Table 5 compares the VOC and NOX emissions estimated for
the Illinois portion of the Greater Chicago area for 2008 with those
for 2015, 2020, and 2025 by source category. The projected VOC and
NOX emissions show that VOC and NOX emissions in
Illinois portion of the Greater Chicago area are expected to remain
below the attainment levels throughout the 10-year-plus maintenance
period.
Table 5--2008 and Projected VOC and NOX Emissions in the Illinois Portion of the Greater Chicago Area
[Tons per ozone season weekday]
----------------------------------------------------------------------------------------------------------------
Source Category VOC 2008 VOC 2015 VOC 2020 VOC 2025
----------------------------------------------------------------------------------------------------------------
Point Sources........................... 53.27 62.02 67.63 72.79
Area Sources............................ 351.51 363.86 385.73 406.96
On-Road Mobile Sources.................. 117.23 50.33 37.98 41.35
Off-Road Mobile Sources................. 265.44 90.83 84.16 90.25
-----------------------------------------------------------------------
Total............................... 787.45 567.04 575.50 611.85
----------------------------------------------------------------------------------------------------------------
NOX 2008 NOX 2015 NOX 2020 NOX 2025
----------------------------------------------------------------------------------------------------------------
Point Sources........................... 154.50 150.06 171.13 180.13
Area Sources............................ 38.56 39.85 40.57 41.35
On-Road Mobile Sources.................. 373.52 197.14 116.69 108.93
Off-Road Mobile Sources................. 330.18 106.36 84.34 96.70
-----------------------------------------------------------------------
Total............................... 896.76 493.41 412.73 427.11
----------------------------------------------------------------------------------------------------------------
Illinois has successfully demonstrated maintenance of the 1997 8-
hour ozone standard between 2008 and 2025. In addition, VOC and
NOX emissions in the Greater Chicago area are projected to
decline between 2006 and 2020 (see table 8 in the proposed rule to
redesignate Lake and Porter Counties, Indiana to attainment of the 1997
8-hour ozone standard, March 12, 2010, 75 FR 12106).
IEPA has demonstrated maintenance of the 1997 8-hour ozone standard
during the 10-year ozone maintenance period for the Illinois portion of
the Greater Chicago area through projected VOC and NOX
emissions that show that the emissions will remain below the 2008
attainment levels during the maintenance period.
4. What is the Contingency Plan for the Illinois Portion of the Greater
Chicago Area?
Section 175A of the CAA requires the maintenance plan to include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that might occur
after redesignation. The maintenance plan must identify the contingency
measures to be considered for possible adoption, a schedule and
procedure for adoption and implementation of the selected contingency
measures, and a time limit for action by the state. The state should
also identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all measures with respect to control of pollutant(s) that
were controlled through the SIP before the redesignation of the area to
attainment. See section 175A(d) of the CAA.
As required by section 175A of the CAA, Illinois has adopted a
contingency plan to address possible future ozone air quality problems.
The contingency plan has two levels of actions/responses depending on
whether a violation of the 1997 8-hour ozone standard is only
threatened (Level I) or has actually occurred (Level II).
A Level I response will be triggered whenever: (1) An annual (1-
year) fourth-high daily maximum 8-hour ozone concentration of 84 parts
per billion (ppb) (0.084 ppm) is monitored at any site in the Greater
Chicago area; or, (2) the Illinois portion of the Greater Chicago
area's NOX or VOC emissions increase more than 5 percent
above the 2006 emissions levels.\14\ A Level I action will consist of a
study of whether adverse air quality or adverse emission trends are
likely to continue. If so, Illinois will determine what and where
emission controls will be needed to avoid a violation of the 1997 8-
hour ozone standard. The study will be completed within 9 months after
the action is triggered. If necessary, emission control measures will
be adopted within 18 months of determination of the Level I triggering
and implemented as expeditiously as practicable, taking into
consideration the ease of implementation and the technical and economic
feasibility of the selected measures.
---------------------------------------------------------------------------
\14\ Illinois commits to compiling VOC and NOX
emission inventories every three years for the duration of the
maintenance period to facilitate emission trends analyses. The 2006
emissions levels were derived as part of the three-year cycle of
updating emission estimates. Although 2008 is the year used to
demonstrate the emission reductions leading to the attainment of the
1997 8-hour ozone standard and as the base year for the
demonstration of maintenance of this ozone standard, IEPA chose the
2006 emissions levels as the base year for the Level I contingency
emissions growth trigger. 2006 is part of the 2006-2008 period in
which the Greater Chicago area first attained the 1997 8-hour ozone
standard.
---------------------------------------------------------------------------
A Level II response will be triggered when a violation of the 1997
8-hour ozone standard is monitored at any monitoring site in the
Greater Chicago area. If triggered, the IEPA will conduct a thorough
study to determine the appropriate emission control measures to address
the cause of the ozone standard violation. Analysis will be completed
within 6 months of the triggering of the Level II response. Selected
emission control measures will be implemented within 18 months of the
determination of the ozone standard violation.
[[Page 6758]]
Adoption of any additional emission control measures prompted by
either of the contingency triggers will be subject to the necessary
administrative and legal processes dictated by State law. This process
will include publication of public notices, public hearings, and other
measures required by Illinois law.
Contingency measures contained in the maintenance plan are those
emission controls or other measures that the State chooses to adopt and
implement in response to either of the contingency triggers discussed
above. Possible contingency measures contained in Illinois' contingency
plan include, but are not limited to, the following:
Illinois' Multi-Pollutant Program for electric generating
units.
NOX RACT.
Cross-State Air Pollution Rule.
Best Available Retrofit Technology.
Broader geographic applicability of existing measures.
Tier 2 vehicle standards and low sulfur fuel.
High-enhanced vehicle I/M.
Federal railroad/locomotive standards.
Federal commercial marine vessel engine standards.
Portable fuel containers (replacement with low leak
containers)
AIM Coatings
Commercial and consumer products standards
Aerosol coatings standards
Other measures to be identified.
5. Monitoring Network and Verification of Continued Attainment
In the State's ozone redesignation request and maintenance plan,
IEPA has committed to continue to monitor ozone levels in the Illinois
portion of the Greater Chicago area according to an EPA-approved
monitoring plan. Should changes in the locations of ozone monitors
become necessary, IEPA commits to work with EPA to ensure the adequacy
of the ozone monitoring network in this area. Illinois remains
obligated to continue to quality assure ozone monitoring data in
accordance with 40 CFR part 58 and to enter all ozone data into EPA's
Air Quality System in accordance with Federal guidelines.
Application of Illinois' ozone maintenance plan for the Illinois
portion of the Greater Chicago area and continued attainment of the
1997 8-hour ozone standard in the Greater Chicago area depend, in part,
on the State's efforts in tracking of ozone monitoring data to verify
continued attainment of the ozone standard. IEPA's plan for verifying
continued attainment of the 1997 8-hour ozone standard in the Greater
Chicago area (Indiana is similarly tracking continued attainment of the
standard in this area) consists of plans to continue ambient ozone
monitoring in accordance with the requirements of 40 CFR part 58. IEPA
will also continue to develop, review, and submit periodic emission
inventories as required by the Federal Consolidated Emissions Reporting
Rule (67 FR 19602, June 10, 2002) to track future levels of emissions.
VI. Has the State adopted approvable motor vehicle emission budgets?
Under the CAA, States are required to submit, at various times, SIP
revisions, such as ozone attainment demonstrations and RFP plans, and
ozone maintenance plans for applicable areas (for ozone nonattainment
areas and for areas seeking redesignation to attainment of the ozone
standard). These SIP revisions, including ozone maintenance plans, must
create and document MVEBs based on on-road mobile source emissions
allocated to highway and transit vehicle use that, together with
emissions from other sources in the area, will provide for attainment
and maintenance of the ozone NAAQS.
Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment is established for the last year of the maintenance plan
(MVEBs may also be specified for additional years during the
maintenance period). The MVEB serves as a ceiling on emissions that
would result from an area's planned transportation system. The MVEB
concept is further explained in the preamble to the November 24, 1993,
transportation conformity rule (58 FR 62188). The preamble describes
how to establish the MVEB in the SIP and how to revise the MVEB if
needed.
Under section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality violations, or delay timely attainment of
the NAAQS. CAA section 176(c)(1). If a transportation plan does not
conform, most new transportation projects that would expand the
capacity of roadways cannot go forward. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and procedures for demonstrating and
assuring conformity of such transportation activities to a SIP.
When reviewing SIP revisions containing MVEBs, including attainment
strategies, rate-of-progress plans, and maintenance plans, EPA must
affirmatively approve or find that the MVEBs are ``adequate'' for use
in determining transportation conformity. Once EPA affirmatively
approves or finds the submitted MVEBs to be adequate for transportation
conformity purposes, the MVEBs must be used by state and Federal
agencies in determining whether proposed transportation projects
conform to the SIP as required by section 176(c) of the CAA. EPA's
substantive criteria for determining the adequacy of MVEBs are set out
in 40 CFR 93.118(e)(4).
EPA's process for determining adequacy of a MVEB consists of three
basic steps: (1) Providing public notification of a SIP submission; (2)
providing the public the opportunity to comment on the MVEB during a
public comment period; and, (3) making a finding of adequacy. The
process for determining the adequacy of a submitted MVEB is codified at
40 CFR 93.118.
The ozone maintenance plan submitted by Illinois for the Illinois
portion of the Greater Chicago area, as revised in Illinois' September
16, 2011, supplemental submittal, contains new VOC and NOX
MVEBs for the Illinois portion of the Greater Chicago area for 2008 and
2025. The availability of the SIP submission with MVEBs was announced
for public comment on EPA's Adequacy Web site on September 26, 2011,
at: https://www.epa.gov/otaq/stateresources/tansconf/currsips.htm, which
provided a 30-day public comment period. The comment period for this
notification ended on October 26, 2011, and EPA received no comments
from the public. Note, however, that a second mechanism is also
provided for EPA review and public comment on MVEBs, as described in 40
CFR 93.118(f)(2). This mechanism provides for EPA's review of the
adequacy of an implementation plan MVEB simultaneously with its review
and approval and disapproval of the implementation plan itself. In this
action, EPA used the web notification discussed above to solicit public
comments on the adequacy of Illinois' MVEBs for the Illinois portion of
the Greater Chicago area, but is taking comment on the approvability of
the submitted MVEBs through this proposed rule.
Illinois' ozone maintenance plan for the Illinois portion of the
Greater Chicago area contains VOC and NOX MVEBs for 2008 and
2025. Any and all comments on the approvability of the MVEBs should be
submitted during the comment period stated in the DATES section of this
notice.
[[Page 6759]]
EPA intends to approve 2008 and 2025 MVEBs for the Illinois portion
of the Greater Chicago area for transportation conformity purposes in
the final rulemaking on Illinois' ozone redesignation request. If EPA
approves the MVEBs in the final rulemaking action, the new MVEBs must
be used in future transportation conformity determinations for the
Illinois portion of the Greater Chicago area. The new MVEBs, if
approved in the final rulemaking, will be effective on the date of
EPA's final rulemaking in the Federal Register. For required regional
emission analysis years that involve 2013 (the year after EPA is
expected to approve the ozone maintenance plan and Illinois' VOC and
NOX MVEBs) or beyond, the applicable VOC and NOX
MVEBs for the Chicago area are defined in table 6.
Table 6--MVEBs for the Illinois Portion of the Greater Chicago Area
[Tons per ozone season weekday]
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2008.............................................. 117.23 373.52
2025.............................................. 48.13 125.27
------------------------------------------------------------------------
The MVEBs are the on-road mobile source VOC and NOX
emissions for the Illinois portion of the Greater Chicago area for 2008
and 2025, including 15 percent safety margins for 2025. The MVEBs are
compatible with the 2008 and 2025 on-road mobile source VOC and
NOX emissions included in Illinois' 2008 and 2025 VOC and
NOX emission inventories, as summarized above in table 5.
The derivation of the MVEBs is thoroughly discussed in appendix B of
IEPA's April 5, 2009, ozone maintenance plan and in Illinois' September
16, 2011, supplement to the ozone maintenance plan.
EPA is proposing to approve the MVEBs for 2008 and 2025 as part of
Illinois' 1997 8-hour ozone standard maintenance plan. EPA has
determined that the MVEB emission targets are consistent with emission
control measures in the SIP and that the Greater Chicago area can
maintain attainment of the 1997 8-hour ozone NAAQS.
VII. 2002 Emissions Inventories
Section 182(a)(1) of the CAA requires States with ozone
nonattainment areas to submit a comprehensive, accurate, and current
inventory of actual emissions (emissions of VOC and NOX)
from all sources in the nonattainment areas, in accordance with
guidance provided by the EPA. On June 21, 2006, IEPA submitted 2002
base year emissions inventories for the Illinois portion of the Greater
Chicago nonattainment area. Emissions contained in that submittal cover
the general source categories of point sources, area sources, on-road
mobile sources, and non-road mobile sources. All emission summaries
were accompanied by source-specific descriptions of emission
calculation procedures and sources of input data.
IEPA prepared the point source emissions using source-reported
actual 2002 emissions data for VOC and NOX. The emissions
were adjusted for a typical summer day at each emissions unit within
the source facilities. The annual emission reports provided ozone
season hourly emissions and operating schedules that enabled the
calculations of ozone season weekday emissions.
Illinois used several methods to estimate area source activity
levels and emissions, including applying local activity levels,
apportioning national or statewide activity levels to the local level,
and applying per capita emission factors considering county-specific
populations. The documentation supplied in the emissions inventory
submittal shows how the county-specific emissions were calculated for
each area source category.
Non-road mobile source emissions were generated using EPA's NONROAD
model. In addition, separate emission estimates were developed for
commercial marine vessels, aircraft, and railroads, non-road source
categories not included in the NONROAD model.
On-road mobile source emissions contained in the June 21, 2006,
submittal were prepared by the IEPA using EPA's MOBILE6 emissions model
and daily VMT and speed estimates provided by the Illinois Department
of Transportation. Note, however, that the 2002 on-road mobile source
emissions documented in the September 16, 2011, submittal were derived
using the MOVES mobile source emissions model rather than MOBILE6.
MOVES is the currently EPA-accepted model for the determination of on-
road mobile source emissions.
Illinois' September 16, 2011, submittal documents 2002 emissions
for the Illinois portion of the Greater Chicago area in units of tons
per summer day. These emissions were modified relative to those
included in the June 21, 2006, submittal, reflecting revised mobile
source emissions calculated using MOVES (the mobile source emissions
included in the June 21, 2006 submittal were calculated using MOBILE6
mobile source emission factors). The 2002 emissions are summarized in
table 2 above in section V.C.
EPA is proposing to approve this 2002 base year emissions
inventory, as revised in the September 16, 2011, submittal, as meeting
the requirements of section 182(2)(1) of the CAA.
VIII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
[[Page 6760]]
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: January 31, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-2991 Filed 2-8-12; 8:45 am]
BILLING CODE 6560-50-P
