Approval and Promulgation of Air Quality Implementation Plans; Illinois; Revision to the Chicago 8-Hour Ozone Maintenance Plan, 60073-60075 [2014-23795]
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(442) (i)(A)(2) and
(3) to read as follows:
■
§ 52.220
Identification of plan.
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(c) * * *
(442) * * *
(i) * * *
(A) * * *
(2) Rule 400.3, ‘‘Internal Combustion
Engine(s),’’ adopted on October 22,
2013.
(3) Rule 400.4, ‘‘Emissions of Oxides
of Nitrogen from Wallboard Kilns,’’
adopted on October 22, 2013.
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[FR Doc. 2014–23788 Filed 10–3–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0274; FRL 9917–33–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Revision to the Chicago 8-Hour Ozone
Maintenance Plan
AGENCY:
Environmental Protection
Agency.
Final rule.
ACTION:
The Environmental Protection
Agency (EPA) is approving the State of
Illinois’ March 28, 2014, revision to the
state implementation plan (SIP) for the
1997 8-hour ozone maintenance plan for
the Illinois portion of the Chicago-GaryLake County, Illinois-Indiana area (the
Greater Chicago Area). This SIP revision
establishes new Motor Vehicle
Emissions Budgets (MVEB) for volatile
organic compounds (VOC) and oxides of
nitrogen (NOX) for the year 2025. EPA
is approving the allocation of a portion
of the safety margin for VOC and NOX
in the ozone maintenance plan to the
2025 MVEBs. Total year 2025 emissions
of VOC and NOX for the area will
remain below the attainment levels as
required by the transportation
conformity regulations.
DATES: This final rule is effective on
November 5, 2014.
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SUMMARY:
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EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2014–0274. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Michael
Leslie, Environmental Engineer, at (312)
353–6680 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@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:
ADDRESSES:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
I. What is the background for this action?
II. What is EPA’s response to comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
On August 13, 2012 (77 FR 48062),
EPA approved a request from the State
of Illinois to redesignate the Illinois
portion of the Greater Chicago Area to
attainment of the 1997 8-hour ozone
national ambient air quality standard
(NAAQS). In addition to approving the
ozone redesignation request, EPA
approved the State’s plan for
maintaining the 1997 8-hour ozone
NAAQS in the Illinois portion of the
Greater Chicago Area through 2025. The
ozone maintenance plan established
MVEBs for VOC and NOX for the year
2025.
MVEBs are the projected levels of
controlled emissions from the
transportation sector (mobile sources)
that are estimated in the SIP to provide
for maintenance of the ozone NAAQS.
The transportation conformity rule
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60073
allows the MVEB to be changed as long
as the total level of emissions from all
sources remains below the attainment
levels.
On March 28, 2014, Illinois submitted
a SIP revision to the 1997 8-hour ozone
maintenance plan for the Illinois
portion of the Greater Chicago Area.
This SIP revision establishes new
MVEBs for VOC and NOX for the year
2025. Illinois allocated a portion of the
safety margin for VOC and NOX in the
ozone maintenance plan to the 2025
MVEBs. Total year 2025 emissions of
VOC and NOX for the area will remain
below the attainment levels required by
the transportation conformity
regulations.
On May 22, 2014, EPA published
proposed (79 FR 29395) and direct final
(79 FR 29324) rules approving a revision
to the 1997 8-hour ozone maintenance
plan for the Illinois portion of the
Greater Chicago Area. EPA subsequently
received adverse comments on the
direct final rule and withdrew it on June
26, 2014 (79 FR 36220). The proposal
was not withdrawn.
II. What is EPA’s response to
comments?
EPA received one supportive and one
adverse comment on the May 22, 2014
(79 FR 29324) proposed approval of the
Illinois SIP revision. The adverse
comment was submitted by Robert
Ukeiley.
Comment from Robert Ukeiley: The
commenter contends that EPA’s
approval of an increase in mobile source
NOX and VOC emissions will interfere
with attainment the 2008 ozone NAAQS
as expeditiously as possible and will
also interfere with reasonable further
progress in violation of Clean Air Act
Section 110(l). The comment provides
no support for or explanation of the
basis for these claims.
Response to Robert Ukeiley: Clean Air
Act (Act) Section 110(l) provides in
part: ‘‘The Administrator shall not
approve a revision of a plan if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress or any other applicable
requirement of this chapter.’’ As a
general matter, EPA must and does
consider section 110(l) requirements for
every SIP revision, including whether
the revision would ‘‘interfere with’’ any
applicable requirement. See, e.g., 70 FR
53, 57 (January 3, 2005); 70 FR 17029,
17033 (April 4, 2005); 70 FR 28429,
28431 (May 18, 2005); and 70 FR 58119,
58134 (October 5, 2005).
At this time, the Greater Chicago Area
is marginal nonattainment for the 2008
ozone NAAQS. Marginal areas have an
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations
attainment date of December 31, 2015.
Marginal areas do not have any
reasonable further progress
requirements under section 171 of the
Act.
The Illinois maintenance plan update
for the 1997 8-hour ozone NAAQS does
not revise or remove any existing
emissions limit for any source. The
transportation conformity process,
found at 40 CFR part 93 subpart A,
allows areas to modify existing MVEBs
by adding a ‘‘safety margin’’ to the
budgets provided that, in this case, the
maintenance plan for the area
demonstrates that a ‘‘safety margin’’
exists. A safety margin, as defined in the
transportation conformity rule, is the
amount by which the total projected
emissions from all sources of a given
pollutant are less than the total
emissions that would satisfy the
applicable requirement for reasonable
further progress, attainment, or
maintenance. (40 CFR 93.101) This
concept is further described in 40 CFR
93.124(a). The attainment level of
emissions is the level of emissions
during one of the years in which the
area met the NAAQS. This maintenance
plan update establishes new MVEBs for
VOC and NOX for the year 2025 by
allocation of a portion of the safety
margin for VOC and NOX from the
approved 1997 8-hour ozone
maintenance plan. The safety margin for
the Illinois portion of the Greater
Chicago Area is 175.60 tons/day of VOC
and 469.65 tons/day of NOX as shown
in Table 1 below.
TABLE 1—SAFETY MARGIN FOR CHICAGO’S 1997 8-HOUR OZONE MAINTENANCE PLAN
2008 Attainment
year emissions
(tons/day)
2025 Projected
year maintenance emissions
(tons/day)
VOC .................................................................................................................................
NOX ..................................................................................................................................
787.45
896.76
611.95
427.11
Illinois has requested the allocation of
12 tons/day of the VOC and 25 tons/day
of NOX from the safety margins to the
of emissions from the safety margin
allocated to the new MVEBs, and new
MVEBs.
Pollutant
2025 MVEBs. Table 2 shows the
approved 1997 8-hour ozone
maintenance plan MVEBs, the amount
Safety margin
(tons/day)
175.60
469.65
TABLE 2—APPROVED AND NEW MVEBS FOR CHICAGO’S 1997 8-HOUR OZONE MAINTENANCE PLAN
Approved 2025
MVEB
(tons/day)
Pollutant
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VOC .................................................................................................................................
NOX ..................................................................................................................................
Tables 1 and 2 show that the total
year 2025 emissions of VOC and NOX
for the area will remain below the
attainment level required by the
transportation conformity regulations.
On this basis, EPA concludes that the
maintenance plan update does not
interfere with attainment or
maintenance of any air quality NAAQS.
The revised MVEBs will be used to
show that the area’s transportation plan
and transportation improvement
program conform to the SIP for any
required analysis year starting with
2025 through the last year of the area’s
transportation plan. This revision to the
MVEBs has no impact on transportation
conformity requirements for any year
prior to 2025.
The commenter does not provide any
information to demonstrate that
approval of this maintenance plan
update would have any impact on the
area’s ability to comply with the 2008
ozone NAAQS. In fact, the maintenance
plan update provided with the State’s
submission demonstrates a decline in
ozone precursor emissions over the
timeframe of the initial maintenance
period. The maintenance plan update
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will not relax the currently applicable
MVEB that is used for any analysis year
prior to 2025, nor will the maintenance
plan update alter the status quo of the
air quality, at least through 2025. As
stated above, this area’s attainment date
for the 2008 ozone NAAQS is December
31, 2015. We believe they will attain (or
adopt a strategy to attain) the ozone
NAAQS well before 2025, so the change
to the 2025 budget should not interfere
with the attainment of the 2008 ozone
NAAQS as expeditiously as practicable.
Accordingly, EPA finds no basis under
section 110(l) for EPA to disapprove the
SIP revision.
III. What action is EPA taking?
EPA is approving a revision to the
1997 8-hour ozone maintenance plan for
the Illinois portion of the Greater
Chicago Area. The revision will change
the MVEBs for VOC and NOX that are
used for transportation conformity
purposes. The new 1997 8-hour ozone
maintenance plan MVEBs for the
Illinois portion of the Greater Chicago
Area are 60.13 tons/day of VOC
emissions and 150.27 tons/day of NOX
emissions for the year 2025. The
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Safety margin
allocation
(tons/day)
48.13
125.27
New 2025
MVEB
(tons/day)
12.00
25.00
60.13
150.27
revision will keep the total emissions
for the area at or below the attainment
levels required by law. This action will
allow State or local agencies to continue
to maintain air quality while allowing
planned transportation projects to
proceed.
IV. 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 Act. 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);
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
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60075
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 5, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
The Environmental Protection
Agency (EPA) is taking final action to
approve elements of state
implementation plan (SIP) submissions
from Ohio regarding the infrastructure
requirements of section 110 of the Clean
Air Act (CAA) for the 2008 lead (Pb) and
2010 nitrogen dioxide (NO2) National
Ambient Air Quality Standards
(NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. The
proposed rulemaking associated with
this final action was published on July
25, 2014, and EPA received no
comments pertaining to infrastructure
for the 2008 Pb or 2010 NO2 NAAQS
during the comment period, which
ended on August 25, 2014. The 2008
ozone and 2010 SO2 infrastructure SIPs
were also addressed in the proposed
rulemaking but will be addressed in a
separate final rulemaking.
DATES: This final rule is effective on
November 5, 2014.
ADDRESSES: EPA has established dockets
for this action under Docket ID No.
EPA–R05–OAR–2011–0888 (2008 Pb
infrastructure SIP elements) and Docket
ID No. EPA–R05–OAR–2012–0991
(2010 NO2 infrastructure SIP elements).
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., Confidential Business Information
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
Environmental protection, Air
pollution control, Incorporation by
reference, Oxides of Nitrogen, Ozone,
Volatile organic compounds.
Dated: September 22, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.726 is amended by
adding paragraph (oo) to read as
follows:
■
§ 52.726
Control strategy: Ozone.
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(oo) Approval—On March 28, 2014,
the State of Illinois submitted a revision
to its State Implementation Plan for the
Illinois portion of the Chicago-GaryLake County, Illinois-Indiana area (the
Greater Chicago Area). The submittal
established new Motor Vehicle
Emissions Budgets (MVEB) for Volatile
Organic Compounds (VOC) and Oxides
of Nitrogen (NOX) for the year 2025. The
MVEBs for the Illinois portion of the
Greater Chicago Area are: 60.13 tons/
day of VOC emissions and 150.27 tons/
day of NOX emissions for the year 2025.
[FR Doc. 2014–23795 Filed 10–3–14; 8:45 am]
BILLING CODE 6560–50–P
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40 CFR Part 52
[EPA–R05–OAR–2011–0888; EPA–R05–
OAR–2012–0991; FRL 9917–32–Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Infrastructure SIP Requirements for
the 2008 Lead and 2010 NO2 NAAQS
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60073-60075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23795]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0274; FRL 9917-33-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Revision to the Chicago 8-Hour Ozone Maintenance Plan
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of Illinois' March 28, 2014, revision to the state implementation
plan (SIP) for the 1997 8-hour ozone maintenance plan for the Illinois
portion of the Chicago-Gary-Lake County, Illinois-Indiana area (the
Greater Chicago Area). This SIP revision establishes new Motor Vehicle
Emissions Budgets (MVEB) for volatile organic compounds (VOC) and
oxides of nitrogen (NOX) for the year 2025. EPA is approving
the allocation of a portion of the safety margin for VOC and
NOX in the ozone maintenance plan to the 2025 MVEBs. Total
year 2025 emissions of VOC and NOX for the area will remain
below the attainment levels as required by the transportation
conformity regulations.
DATES: This final rule is effective on November 5, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2014-0274. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Michael Leslie,
Environmental Engineer, at (312) 353-6680 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, leslie.michael@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:
I. What is the background for this action?
II. What is EPA's response to comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
On August 13, 2012 (77 FR 48062), EPA approved a request from the
State of Illinois to redesignate the Illinois portion of the Greater
Chicago Area to attainment of the 1997 8-hour ozone national ambient
air quality standard (NAAQS). In addition to approving the ozone
redesignation request, EPA approved the State's plan for maintaining
the 1997 8-hour ozone NAAQS in the Illinois portion of the Greater
Chicago Area through 2025. The ozone maintenance plan established MVEBs
for VOC and NOX for the year 2025.
MVEBs are the projected levels of controlled emissions from the
transportation sector (mobile sources) that are estimated in the SIP to
provide for maintenance of the ozone NAAQS. The transportation
conformity rule allows the MVEB to be changed as long as the total
level of emissions from all sources remains below the attainment
levels.
On March 28, 2014, Illinois submitted a SIP revision to the 1997 8-
hour ozone maintenance plan for the Illinois portion of the Greater
Chicago Area. This SIP revision establishes new MVEBs for VOC and
NOX for the year 2025. Illinois allocated a portion of the
safety margin for VOC and NOX in the ozone maintenance plan
to the 2025 MVEBs. Total year 2025 emissions of VOC and NOX
for the area will remain below the attainment levels required by the
transportation conformity regulations.
On May 22, 2014, EPA published proposed (79 FR 29395) and direct
final (79 FR 29324) rules approving a revision to the 1997 8-hour ozone
maintenance plan for the Illinois portion of the Greater Chicago Area.
EPA subsequently received adverse comments on the direct final rule and
withdrew it on June 26, 2014 (79 FR 36220). The proposal was not
withdrawn.
II. What is EPA's response to comments?
EPA received one supportive and one adverse comment on the May 22,
2014 (79 FR 29324) proposed approval of the Illinois SIP revision. The
adverse comment was submitted by Robert Ukeiley.
Comment from Robert Ukeiley: The commenter contends that EPA's
approval of an increase in mobile source NOX and VOC
emissions will interfere with attainment the 2008 ozone NAAQS as
expeditiously as possible and will also interfere with reasonable
further progress in violation of Clean Air Act Section 110(l). The
comment provides no support for or explanation of the basis for these
claims.
Response to Robert Ukeiley: Clean Air Act (Act) Section 110(l)
provides in part: ``The Administrator shall not approve a revision of a
plan if the revision would interfere with any applicable requirement
concerning attainment and reasonable further progress or any other
applicable requirement of this chapter.'' As a general matter, EPA must
and does consider section 110(l) requirements for every SIP revision,
including whether the revision would ``interfere with'' any applicable
requirement. See, e.g., 70 FR 53, 57 (January 3, 2005); 70 FR 17029,
17033 (April 4, 2005); 70 FR 28429, 28431 (May 18, 2005); and 70 FR
58119, 58134 (October 5, 2005).
At this time, the Greater Chicago Area is marginal nonattainment
for the 2008 ozone NAAQS. Marginal areas have an
[[Page 60074]]
attainment date of December 31, 2015. Marginal areas do not have any
reasonable further progress requirements under section 171 of the Act.
The Illinois maintenance plan update for the 1997 8-hour ozone
NAAQS does not revise or remove any existing emissions limit for any
source. The transportation conformity process, found at 40 CFR part 93
subpart A, allows areas to modify existing MVEBs by adding a ``safety
margin'' to the budgets provided that, in this case, the maintenance
plan for the area demonstrates that a ``safety margin'' exists. A
safety margin, as defined in the transportation conformity rule, is the
amount by which the total projected emissions from all sources of a
given pollutant are less than the total emissions that would satisfy
the applicable requirement for reasonable further progress, attainment,
or maintenance. (40 CFR 93.101) This concept is further described in 40
CFR 93.124(a). The attainment level of emissions is the level of
emissions during one of the years in which the area met the NAAQS. This
maintenance plan update establishes new MVEBs for VOC and
NOX for the year 2025 by allocation of a portion of the
safety margin for VOC and NOX from the approved 1997 8-hour
ozone maintenance plan. The safety margin for the Illinois portion of
the Greater Chicago Area is 175.60 tons/day of VOC and 469.65 tons/day
of NOX as shown in Table 1 below.
Table 1--Safety Margin for Chicago's 1997 8-Hour Ozone Maintenance Plan
----------------------------------------------------------------------------------------------------------------
2025 Projected
2008 Attainment year maintenance Safety margin
Pollutant year emissions emissions (tons/ (tons/day)
(tons/day) day)
----------------------------------------------------------------------------------------------------------------
VOC....................................................... 787.45 611.95 175.60
NOX....................................................... 896.76 427.11 469.65
----------------------------------------------------------------------------------------------------------------
Illinois has requested the allocation of 12 tons/day of the VOC and
25 tons/day of NOX from the safety margins to the 2025
MVEBs. Table 2 shows the approved 1997 8-hour ozone maintenance plan
MVEBs, the amount of emissions from the safety margin allocated to the
new MVEBs, and new MVEBs.
Table 2--Approved and New MVEBs for Chicago's 1997 8-Hour Ozone Maintenance Plan
----------------------------------------------------------------------------------------------------------------
Safety margin
Pollutant Approved 2025 allocation (tons/ New 2025 MVEB
MVEB (tons/day) day) (tons/day)
----------------------------------------------------------------------------------------------------------------
VOC....................................................... 48.13 12.00 60.13
NOX....................................................... 125.27 25.00 150.27
----------------------------------------------------------------------------------------------------------------
Tables 1 and 2 show that the total year 2025 emissions of VOC and
NOX for the area will remain below the attainment level
required by the transportation conformity regulations. On this basis,
EPA concludes that the maintenance plan update does not interfere with
attainment or maintenance of any air quality NAAQS. The revised MVEBs
will be used to show that the area's transportation plan and
transportation improvement program conform to the SIP for any required
analysis year starting with 2025 through the last year of the area's
transportation plan. This revision to the MVEBs has no impact on
transportation conformity requirements for any year prior to 2025.
The commenter does not provide any information to demonstrate that
approval of this maintenance plan update would have any impact on the
area's ability to comply with the 2008 ozone NAAQS. In fact, the
maintenance plan update provided with the State's submission
demonstrates a decline in ozone precursor emissions over the timeframe
of the initial maintenance period. The maintenance plan update will not
relax the currently applicable MVEB that is used for any analysis year
prior to 2025, nor will the maintenance plan update alter the status
quo of the air quality, at least through 2025. As stated above, this
area's attainment date for the 2008 ozone NAAQS is December 31, 2015.
We believe they will attain (or adopt a strategy to attain) the ozone
NAAQS well before 2025, so the change to the 2025 budget should not
interfere with the attainment of the 2008 ozone NAAQS as expeditiously
as practicable. Accordingly, EPA finds no basis under section 110(l)
for EPA to disapprove the SIP revision.
III. What action is EPA taking?
EPA is approving a revision to the 1997 8-hour ozone maintenance
plan for the Illinois portion of the Greater Chicago Area. The revision
will change the MVEBs for VOC and NOX that are used for
transportation conformity purposes. The new 1997 8-hour ozone
maintenance plan MVEBs for the Illinois portion of the Greater Chicago
Area are 60.13 tons/day of VOC emissions and 150.27 tons/day of
NOX emissions for the year 2025. The revision will keep the
total emissions for the area at or below the attainment levels required
by law. This action will allow State or local agencies to continue to
maintain air quality while allowing planned transportation projects to
proceed.
IV. 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 Act. 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);
[[Page 60075]]
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 5, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Oxides of Nitrogen, Ozone, Volatile organic compounds.
Dated: September 22, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.726 is amended by adding paragraph (oo) to read as
follows:
Sec. 52.726 Control strategy: Ozone.
* * * * *
(oo) Approval--On March 28, 2014, the State of Illinois submitted a
revision to its State Implementation Plan for the Illinois portion of
the Chicago-Gary-Lake County, Illinois-Indiana area (the Greater
Chicago Area). The submittal established new Motor Vehicle Emissions
Budgets (MVEB) for Volatile Organic Compounds (VOC) and Oxides of
Nitrogen (NOX) for the year 2025. The MVEBs for the Illinois
portion of the Greater Chicago Area are: 60.13 tons/day of VOC
emissions and 150.27 tons/day of NOX emissions for the year
2025.
[FR Doc. 2014-23795 Filed 10-3-14; 8:45 am]
BILLING CODE 6560-50-P
