Air Plan Approval; Illinois; Redesignation of the Illinois Portion of the St. Louis-St. Charles-Farmington, Missouri-Illinois Area to Attainment of the 2008 Ozone Standard, 57892-57905 [2017-26419]
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Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2017–0277; FRL–9971–64Region 5]
Air Plan Approval; Illinois;
Redesignation of the Illinois Portion of
the St. Louis-St. Charles-Farmington,
Missouri-Illinois Area to Attainment of
the 2008 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to find that
the St. Louis-St. Charles-Farmington,
Missouri-Illinois (MO–IL) area, ‘‘the St.
Louis area,’’ is attaining the 2008 ozone
National Ambient Air Quality Standard
(NAAQS or standard) based on 2014–
2016 monitoring data. EPA is further
proposing to redesignate the Illinois
portion of the St. Louis area, ‘‘the MetroEast area,’’ to attainment for the 2008
ozone NAAQS because the Metro-East
area meets the statutory requirements
for redesignation under the Clean Air
Act (CAA). (EPA will address the
Missouri portion of the St. Louis area in
a separate rulemaking action.) The St.
Louis area includes Madison, Monroe
and St. Clair Counties in Illinois (the
Metro-East area), and Franklin,
Jefferson, St. Charles, and St. Louis
Counties and the City of St. Louis in
Missouri. The Illinois Environmental
Protection Agency (IEPA) submitted a
request to redesignate the Metro-East
area on May 8, 2017. EPA is also
proposing to approve, as a revision to
the Illinois State Implementation Plan
(SIP), the State’s plan for maintaining
the 2008 ozone standard through 2030
in the St. Louis area. Finally, EPA finds
adequate and is proposing to approve,
as a SIP revision, the State’s 2030
volatile organic compound (VOC) and
oxides of nitrogen (NOX) Motor Vehicle
Emission Budgets (MVEBs) for the
Metro-East area.
DATES: Comments must be received on
or before January 8, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2017–0277 at https://
www.regulations.gov or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
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SUMMARY:
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information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the Web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, 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) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What are the actions EPA is proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA’s analysis of IEPA’s
redesignation request?
A. Has the St. Louis area attained the 2008
ozone NAAQS?
B. Has Illinois met all applicable
requirements of section 110 and part D
of the CAA for the Metro-East area, and
does the Metro-East area have a fully
approved SIP under section 110(k) of the
CAA?
C. Are the air quality improvements in the
St. Louis area due to permanent and
enforceable emission reductions?
D. Does Illinois have a fully approvable
ozone maintenance plan for the St. Louis
area?
V. Has Illinois adopted approvable motor
vehicle emission budgets?
A. What are motor vehicle emission
budgets?
B. What is the status of EPA’s adequacy
determination for the proposed VOC and
NOX MVEBs for the Metro-East area?
C. What is a safety margin and how did
Illinois allocate it?
VI. Proposed Actions
VII. Statutory and Executive Order reviews
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I. What are the actions EPA is
proposing?
EPA is proposing to take several
related actions. EPA is proposing to
determine that the St. Louis
nonattainment area is attaining the 2008
ozone standard, based on qualityassured and certified monitoring data
for 2014–2016 and that the Metro-East
area has met the requirements for
redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus proposing to
change the legal designation of the
Metro-East area from nonattainment to
attainment for the 2008 ozone standard.
EPA is also proposing to approve, as
a revision to the Illinois SIP, the State’s
maintenance plan for the area (such
approval being one of the CAA criteria
for redesignation to attainment status).
The maintenance plan is designed to
keep the St. Louis area in attainment of
the 2008 ozone NAAQS through 2030.
Finally, EPA finds adequate and is
proposing to approve into the SIP the
newly-established 2030 MVEBs for the
Metro-East area. The adequacy comment
period for the MVEBs began on August
21, 2017, with EPA’s posting of the
availability of Illinois’ submittal on
EPA’s Adequacy Web site (at https://
www.epa.gov/state-and-localtransportation/adequacy-review-stateimplementation-plan-sip-submissionsconformity). The adequacy comment
period for these MVEBs ended on
September 20, 2017. EPA did not
receive any adverse comments on this
submittal during the adequacy comment
period. In a letter dated September 26,
2017, EPA informed IEPA that the 2030
MVEBs are adequate for use in
transportation conformity analyses.
Please see section V.B. of this
rulemaking, ‘‘What is the status of EPA’s
adequacy determination for the
proposed VOC and NOX MVEBs for the
Metro-East area?,’’ for further
explanation of this process.
II. What is the background for these
actions?
EPA has determined that ground-level
ozone is detrimental to human health.
On March 12, 2008, EPA promulgated a
revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS is attained in an
area when the 3-year average of the
annual fourth highest daily maximum
8-hour average concentration is equal to
or less than 0.075 ppm, when truncated
after the thousandth decimal place, at
all of the ozone monitoring sites in the
area. See 40 CFR 50.15 and appendix P
to 40 CFR part 50.
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Upon promulgation of a new or
revised NAAQS, section 107(d)(1)(B) of
the CAA requires EPA to designate as
nonattainment any areas that are
violating the NAAQS, based on the most
recent three years of quality-assured
ozone monitoring data. The St. Louis
area was designated as a marginal
nonattainment area for the 2008 ozone
NAAQS on May 21, 2012 (77 FR 30088)
(effective July 20, 2012) based on 2008–
2010 monitoring data.
In a final implementation rule for the
2008 ozone NAAQS (SIP Requirements
Rule),1 EPA established ozone standard
attainment dates based on table 1 of
section 181(a) of the CAA. The rule
established an attainment date three
years after the July 20, 2012, effective
designation date for areas classified as
marginal nonattainment for the 2008
ozone NAAQS. Therefore, the
attainment date for the St. Louis area
was July 20, 2015. On May 4, 2016 (81
FR 26697), based on EPA’s evaluation
and determination that the area met the
attainment date extension criteria of
CAA section 181(8)(5), EPA granted the
St. Louis area a 1-year extension of the
marginal area attainment date to July 20,
2016. On June 27, 2016 (81 FR 41444),
in accordance with section 181(b)(2)(A)
of the CAA and the provisions of the SIP
Requirements Rule (40 CFR 51.1103),
EPA made a determination that the St.
Louis area attained the standard by the
July 20, 2016, attainment date for the
2008 ozone NAAQS. EPA’s
determination was based upon three
years of complete, quality-assured and
certified data for the 2013–2015 time
period.
On May 8, 2017, Illinois submitted to
EPA a request to redesignate the Illinois
portion of the St. Louis area, also called
the Metro-East area, to attainment for
the 2008 ozone NAAQS, and to approve
the maintenance place for the area,
including the 2030 MVEBs, as a revision
to the Illinois SIP.
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III. What are the criteria for
redesignation?
Section 107(d)(3)(E) of the CAA
allows redesignation of an area to
1 This rule, titled ‘‘Implementation of the 2008
National Ambient Air Quality Standards for Ozone:
State Implementation Plan Requirements’’ and
published at 80 FR 12264 (March 6, 2015),
addresses nonattainment area SIP requirements for
the 2008 ozone NAAQS, including requirements
pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control
technology (RACT), reasonably available control
measures (RACM), new source review (NSR),
emission inventories, and the timing requirements
for SIP submissions and compliance with emission
control measures in the SIP. This rule also
addresses the revocation of the 1997 ozone NAAQS
and the anti-backsliding requirements that apply
when the 1997 ozone NAAQS is revoked.
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attainment of the NAAQS provided that:
(1) The Administrator (EPA) determines
that the area has attained the NAAQS;
(2) the Administrator has fully approved
the applicable 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
reductions in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the state
containing the area has met all
requirements applicable to the area for
the purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided
guidance on redesignations in the
General Preamble for the
Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and
supplemented this guidance on April
28, 1992 (57 FR 18070). EPA has
provided further guidance on processing
redesignation requests in the following
documents:
1. ‘‘Ozone and Carbon Monoxide Design
Value Calculations,’’ Memorandum from Bill
Laxton. Director, Technical Support Division,
June 18, 1990;
2. ‘‘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;
3. ‘‘Contingency Measures for Ozone and
Carbon Monoxide (CO) Redesignations,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
June 1, 1992;
4. ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992 (the ‘‘Calcagni Memorandum’’);
5. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992;
6. ‘‘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;
7. ‘‘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;
8. ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone and
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57893
CO Nonattainment Areas,’’ Memorandum
from D. Kent Berry, Acting Director, Air
Quality Management Division, November 30,
1993;
9. ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994; and
10. ‘‘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.
IV. What is EPA’s analysis of IEPA’s
redesignation request?
A. Has the St. Louis area attained the
2008 ozone NAAQS?
For redesignation of a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). An area is
attaining the 2008 ozone NAAQS if it
meets the 2008 ozone NAAQS, as
determined in accordance with 40 CFR
50.15 and appendix P of part 50, based
on three complete, consecutive calendar
years of quality-assured air quality data
for all monitoring sites in the area. To
attain the NAAQS, the three-year
average of the annual fourth-highest
daily maximum 8-hour average ozone
concentrations (ozone design values) at
each monitor must not exceed 0.075
ppm. The air quality data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in EPA’s Air Quality System
(AQS). Ambient air quality monitoring
data for the 3-year period must also
meet data completeness requirements.
An ozone design value is valid if daily
maximum 8-hour average
concentrations are available for at least
90 percent of the days within the ozone
monitoring seasons,2 on average, for the
three-year period, with a minimum data
completeness of 75 percent during the
ozone monitoring season of any year
during the three-year period. See section
2.3 of appendix P to 40 CFR part 50.
On June 27, 2016, in accordance with
section 181(b)(2)(A) of the CAA and the
provisions of the SIP Requirements Rule
(40 CFR 51.1103), EPA made a
determination that the St. Louis area
attained the standard by its July 20,
2016 attainment date for the 2008 ozone
NAAQS. (81 FR 41444). This
determination was based upon three
2 The ozone season is defined by state in 40 CFR
58 appendix D. For the 2013–2015 time period, the
ozone season was April-October. Beginning in 2016,
the ozone season is March-October. See 80 FR
65292, 65466–67 (October 26, 2015).
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years of complete, quality-assured, and
certified data for the 2013–2015 time
period. In addition, EPA has reviewed
the ozone monitoring data from
monitoring sites in the St. Louis area for
the 2014–2016 time period. These data,
which are complete, quality-assured,
and certified, demonstrate that the St.
Louis area is attaining the 2008 ozone
NAAQS. The annual fourth-highest 8-
hour ozone concentrations and the 3year average of these concentrations
(ozone design values) for each
monitoring site are summarized in
Table 1.
TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE 4TH
HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE ST. LOUIS AREA
State
County
Monitor
Illinois .............
Madison .......................................
Missouri .........
St. Clair ........................................
Jefferson ......................................
St. Charles ...................................
St. Louis .......................................
St. Louis City ...............................
The 3-year ozone design values for
2013–2015 and 2014–2016 are 0.071
ppm and 0.072 ppm, respectively,3
which meet the criteria for attainment of
the 2008 ozone NAAQS. Therefore, in
today’s action, EPA proposes to
determine that the St. Louis area is
attaining the 2008 ozone NAAQS based
on complete, quality-assured and
certified 2014–2016 ozone monitoring
data.
EPA will not take final action to
determine that the St. Louis area is
attaining the NAAQS nor approve the
redesignation of this area if the design
value of a monitoring site in the area
exceeds the NAAQS after proposal but
prior to final approval of the
redesignation. Preliminary 2017 data
indicate that this area continues to
attain the 2008 ozone NAAQS. As
discussed in section IV.D.3. below, IEPA
has committed to continue monitoring
ozone in this area to verify maintenance
of the ozone standard.
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B. Has Illinois met all applicable
requirements of section 110 and part D
of the CAA for the Metro-East area, and
does the Metro-East area have a fully
approved SIP under section 110(k) of
the CAA?
As criteria for redesignation of an area
from nonattainment to attainment of a
NAAQS, the CAA requires EPA to
determine that the state has met all
applicable requirements under section
110 and part D of title I of the CAA (see
section 107(d)(3)(E)(v) of the CAA) and
that the area has a fully approved SIP
under section 110(k) of the CAA (see
3 The monitor ozone design value for the monitor
with the highest 3-year averaged concentration.
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2013
4th high
(ppm)
17–119–0008
17–119–1009
17–119–3007
17–119–9991
17–163–0010
29–099–0019
29–183–1002
29–183–1004
29–189–0005
29–189–0014
29–510–0085
0.072
0.075
0.069
0.071
0.066
0.069
0.071
0.071
0.067
0.070
0.066
2014
4th high
(ppm)
0.072
0.070
0.070
0.068
0.067
0.072
0.072
0.072
0.065
0.072
0.066
section 107(d)(3)(E)(ii) of the CAA).
Illinois has met all applicable SIP
requirements, for purposes of
redesignation, under section 110 and
part D of title I of the CAA
(requirements specific to nonattainment
areas for the 2008 ozone NAAQS).
Additionally, all applicable
requirements of the Illinois SIP for the
area have been fully approved under
section 110(k) of the CAA. In making
these determinations, EPA ascertained
which CAA requirements are applicable
to the Metro-East area and the Illinois
SIP and, if applicable, whether the
required Illinois SIP elements are fully
approved under section 110(k) and part
D of the CAA. As discussed more fully
below, SIPs must be fully approved only
with respect to currently applicable
requirements of the CAA.
The September 4, 1992 Calcagni
memorandum (see ‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division,
September 4, 1992) describes EPA’s
interpretation of section 107(d)(3)(E)(v)
of the CAA. Under this interpretation, a
state and the area it wishes to
redesignate must meet the relevant CAA
requirements that are due prior to the
state’s submittal of a complete
redesignation request for the area. See
also the September 17, 1993, Michael
Shapiro memorandum and 60 FR 12459,
12465–12466 (March 7, 1995)
(redesignation of Detroit-Ann Arbor,
Michigan to attainment of the 1-hour
ozone NAAQS). Applicable
requirements of the CAA that become
due subsequent to the state’s submittal
of a complete request remain applicable
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2015
4th high
(ppm)
0.069
0.064
0.069
0.067
0.066
0.069
0.070
0.066
0.065
0.069
0.063
2016
4th high
(ppm)
0.073
0.067
0.075
0.068
0.073
0.070
0.075
0.076
0.067
0.073
0.068
2013–2015
average
(ppm)
2014–2016
average
(ppm)
0.071
0.069
0.069
0.068
0.066
0.070
0.071
0.069
0.065
0.070
0.065
0.071
0.067
0.071
0.067
0.068
0.070
0.072
0.071
0.065
0.071
0.065
until a redesignation to attainment is
approved, but are not required as a
prerequisite to redesignation. See
section 175A(c) of the CAA. Sierra Club
v. EPA, 375 F.3d 537 (7th Cir. 2004). See
also 68 FR 25424, 25427 (May 12, 2003)
(redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour
ozone NAAQS).
1. Illinois Has Met All Applicable
Requirements of Section 110 and Part D
of the CAA Applicable to the Metro-East
Area for Purposes of Redesignation
a. Section 110 General Requirements for
Implementation Plans
Section 110(a)(2) of the CAA contains
the general requirements for a SIP.
Section 110(a)(2) provides that the SIP
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 prevention of
significant deterioration (PSD) and part
D new source review (NSR) permit
programs; (5) include provisions for
stationary source emission control
measures, monitoring, and reporting; (6)
include provisions for air quality
modeling; and, (7) provide for public
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and local agency participation in
planning and emission control rule
development.
Additionally, 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., the NOX SIP call.4
However, like many of the 110(a)(2)
requirements, the section 110(a)(2)(D)
SIP requirements are not linked with a
particular area’s ozone designation and
classification. EPA concludes that the
SIP requirements linked with the area’s
ozone 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, these
requirements are not applicable
requirements for purposes of
redesignation. See 65 FR 37890 (June
15, 2000), 66 FR 50399 (October 19,
2001), 68 FR 25418, 25426–25427 (May
13, 2003).
Similarly, other section 110 elements
that are neither connected with
nonattainment plan submissions nor
linked with an area’s ozone attainment
status are not applicable requirements
for purposes of redesignation. The area
will remain subject to these
requirements after the area is
redesignated to attainment of the 2008
ozone NAAQS. The section 110 and part
D requirements which are linked with a
particular area’s designation and
classification are the relevant measures
to evaluate in reviewing a redesignation
request. This approach is consistent
with EPA’s existing policy on
applicability (i.e., for redesignations) of
conformity and oxygenated fuels
requirements, as well as with section
184 ozone transport requirements. See,
e.g., Reading, Pennsylvania proposed
and final rulemakings, 61 FR 53174–
53176 (October 10, 1996) and 62 FR
24826 (May 7, 1997); Cleveland-Akron4 On October 27, 1992 (63 FR 57356), EPA issued
a NOX SIP call requiring the District of Columbia
and 22 states to reduce emissions of NOX in order
to reduce the transport of ozone and ozone
precursors. In compliance with EPA’s NOX SIP Call,
IEPA developed rules governing the control of NOX
emissions from Electric Generating Units (EGUs),
major non-EGU industrial boilers, major cement
kilns, and internal combustion engines. EPA
approved the Illinois rules as fulfilling Phase I of
the NOX SIP Call on June 28, 2001 (66 FR 34382)
and November 21, 2001 (66 FR 56454), and as
meeting Phase II of the NOX SIP Call on June 26,
2009 (74 FR 30466).
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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 of 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, to the extent those requirements
are applicable for purposes of
redesignation.5
b. Part D Requirements
Section 172(c) of the CAA sets forth
the basic requirements of air quality
plans for states with nonattainment
areas that are required to submit plans
pursuant to section 172(b). Subpart 2 of
part D, which includes section 182 of
the CAA, establishes specific
requirements for ozone nonattainment
areas depending on the areas’
nonattainment classifications.
The St. Louis area was classified as
marginal under subpart 2 for the 2008
ozone NAAQS. As such, the area is
subject to the subpart 1 requirements
contained in section 172(c) and section
176. The area is also subject to the
subpart 2 requirements contained in
section 182(a) (marginal nonattainment
area requirements). A thorough
discussion of the requirements
contained in section 172(c) and 182 can
be found in the General Preamble for
Implementation of Title I (57 FR 13498).
i. Subpart 1 Section 172 Requirements
As provided in subpart 2, for marginal
ozone nonattainment areas such as the
St. Louis area, the specific requirements
of section 182(a) apply in lieu of the
attainment planning requirements that
would otherwise apply under section
172(c), including the attainment
demonstration and reasonably available
control measures (RACM) under section
172(c)(1), reasonable further progress
(RFP) under section 172(c)(2), and
contingency measures under section
172(c)(9). 42 U.S.C. 7511a(a).
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate and current inventory of actual
emissions. This requirement is
5 On October 16, 2014 (79 FR 62042), EPA
approved elements of the SIP submitted by Illinois
to meet the requirements of section 110 for the 2008
ozone standard. The requirements of section
110(a)(2), however, are statewide requirements that
are not linked to the 8-hour ozone nonattainment
status of the St. Louis area. Therefore, EPA
concludes that these infrastructure requirements are
not applicable requirements for purposes of review
of the State’s 8-hour ozone redesignation request.
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superseded by the inventory
requirement in section 182(a)(1)
discussed below.
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources in an area,
and section 172(c)(5) requires source
permits for the construction and
operation of new and modified major
stationary sources anywhere in the
nonattainment area. EPA approved the
Illinois nonattainment NSR program as
meeting the requirements of section
172(c)(4) and 172(c)(5) on December 17,
1992 (57 FR 59928), September 27, 1995
(60 FR 49780) and May 13, 2003 (68 FR
25504). Nonetheless, EPA has
determined that, since PSD
requirements will apply after
redesignation, areas being redesignated
need not comply with the requirement
that a NSR program be approved prior
to redesignation, provided that the area
demonstrates maintenance of the
NAAQS without 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,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’ Illinois
has shown that the St. Louis area can
demonstrate maintenance of the
standard without part D NSR in effect;
therefore, EPA concludes that the State
need not have a fully approved part D
NSR program prior to approval of the
redesignation request. See 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). EPA
delegated the authority to implement
the Federal PSD program to IEPA
pursuant to 40 CFR 52.21. This
delegated PSD program will become
effective in the Metro-East area upon
redesignation to attainment.
Section 172(c)(6) requires the SIP to
contain control measures necessary to
provide for attainment of the NAAQS.
Because attainment has been reached,
no additional measures are needed to
provide for attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, the
Illinois SIP meets the requirements of
section 110(a)(2) for purposes of
redesignation.
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ii. Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that Federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs and
projects that are developed, funded or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other Federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with Federal conformity
regulations relating to consultation,
enforcement and enforceability that EPA
promulgated pursuant to its authority
under the CAA.
EPA interprets the conformity SIP
requirements 6 as not applicable 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
conformity rules have not been
approved. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748
(December 7, 1995) (redesignation of
Tampa, Florida).
EPA approved Illinois’s general
conformity SIP on December 23, 1997
(62 FR 67000). Illinois does not have a
Federally approved transportation
conformity SIP. However, Illinois
performs conformity analyses pursuant
to EPA’s Federal conformity rules.
Illinois has submitted 2030 on-road
MVEBs for the Metro-East area of 9.05
tons per day (tpd) VOC and 16.68 tpd
NOX. Illinois must use these MVEBs in
any conformity determination that is
effective on or after the effective date of
the maintenance plan approval.
iii. Section 182(a) Requirements
Section 182(a)(1) requires states to
submit a comprehensive, accurate, and
current inventory of actual emissions
from sources of VOC and NOX emitted
within the boundaries of the ozone
nonattainment area. IEPA submitted a
2011 base year emissions inventory for
the Metro-East area on September 3,
6 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 SIPs requiring
the development of Motor Vehicle Emission
Budgets (MVEBs), such as control strategy SIPs and
maintenance plans, which are discussed in section
V.A, below.
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2014. EPA approved this emissions
inventory as a revision to the Illinois
SIP on March 7, 2016 (81 FR 11671).
Under section 182(a)(2)(A), states
with ozone nonattainment areas that
were designated prior to the enactment
of the 1990 CAA amendments were
required to submit, within six months of
classification, all rules and corrections
to existing VOC reasonably available
control technology (RACT) rules that
were required under section 172(b)(3)
prior to the 1990 CAA amendments. The
Metro-East area is not subject to the
section 182(a)(2) RACT ‘‘fix up’’
requirement for the 2008 ozone NAAQS
because it was designated as
nonattainment for this standard after the
enactment of the 1990 CAA
amendments and because Illinois
complied with this requirement for the
Metro-East area under the prior 1-hour
ozone NAAQS. See 59 FR 46562
(September 9, 1994).
Section 182(a)(2)(B) requires each
state with a marginal ozone
nonattainment area that implemented or
was required to implement a vehicle
inspection and maintenance (I/M)
program prior to the 1990 CAA
amendments to submit a SIP revision for
an I/M program no less stringent than
that required prior to the 1990 CAA
amendments or already in the SIP at the
time of the CAA amendments,
whichever is more stringent. For the
purposes of the 2008 ozone standard
and IEPA’s redesignation request for
this standard, the Metro-East area is not
subject to the section 182(a)(2)(B)
requirement because the Metro-East area
was designated as nonattainment for the
2008 ozone standard after the enactment
of the 1990 CAA amendments.
The source permitting and offset
requirements of section 182(a)(2)(C) and
section 182(a)(4) are included in
Illinois’ nonattainment NSR program,
which EPA approved on December 17,
1992 (57 FR 59928), September 27, 1995
(60 FR 49780) and May 13, 2003 (68 FR
25504). As discussed above, Illinois has
demonstrated that the Metro-East area
can demonstrate maintenance of the
standard without part D NSR in effect;
therefore, EPA concludes that the state
need not have a fully approved part D
NSR program prior to approval of the
redesignation request. IEPA has been
delegated the authority to implement
the Federal PSD program, which will
become effective in the Metro-East area
upon redesignation to attainment.
Section 182(a)(3) requires states to
submit periodic emission inventories
and a revision to the SIP to require the
owners or operators of stationary
sources to annually submit emission
statements documenting actual VOC
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and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule,
Illinois will continue to update its
emissions inventory at least once every
three years consistent with the
requirements of 40 CFR part 51, subpart
A, and in 40 CFR 51.122. With regard
to stationary source emission
statements, EPA approved the Illinois
emission statement rule on May 15,
2002 (67 FR 34614), which requires
certain sources in ozone nonattainment
areas to report annual VOC and NOX
emissions. On May 9, 2017, Illinois
certified that this approved SIP
regulation remains in place and meets
the emissions statement requirement for
areas designated as nonattainment for
the 2008 ozone standard. EPA approved
the Illinois emissions statement
certification SIP on July 11, 2017 (82 FR
31913).
Therefore, the Metro-East area has
satisfied all applicable requirements for
purposes of redesignation under section
110 and part D of title I of the CAA.
2. The Metro-East Area Has a Fully
Approved SIP for Purposes of
Redesignation Under Section 110(k) of
the CAA
At various times, Illinois has adopted
and submitted, and EPA has approved,
provisions addressing the various SIP
elements applicable for the ozone
NAAQS. As discussed above, EPA has
fully approved the Illinois SIP for the
Metro-East area under section 110(k) for
all requirements applicable for purposes
of redesignation under the 2008 ozone
NAAQS. EPA may rely on prior SIP
approvals in approving a redesignation
request (see the Calcagni memorandum
at page 3; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F.3d
984, 989–990 (6th Cir. 1998); Wall v.
EPA, 265 F.3d 426), plus any additional
measures it may approve in conjunction
with a redesignation action (see 68 FR
25426 (May 12, 2003) and citations
therein).
C. Are the air quality improvements in
the St. Louis area due to permanent and
enforceable emission reductions?
To redesignate an area from
nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from the
implementation of the SIP and
applicable Federal air pollution control
regulations and other permanent and
enforceable emission reductions. Illinois
has demonstrated that the observed
ozone air quality improvement in the St.
Louis area is due to permanent and
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enforceable reductions in VOC and NOX
emissions resulting from state measures
approved as part of the SIP and Federal
measures.
In making this demonstration, IEPA
has calculated the change in emissions
between 2011 and 2014. IEPA attributes
the reduction in emissions and
corresponding improvement in air
quality over this time period to a
number of regulatory control measures
that have been implemented in the St.
Louis area and upwind areas in recent
years. In addition, IEPA provided an
analysis to demonstrate the
improvement in air quality was not due
to unusually favorable meteorology.
Based on the information summarized
below, Illinois has adequately
demonstrated that the improvement in
air quality is due to permanent and
enforceable emissions reductions.
1. Permanent and Enforceable Emission
Controls Implemented
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a. Regional NOX Controls
Clean Air Interstate Rule (CAIR)/Cross
State Air Pollution Rule (CSAPR).
CAIR created regional cap-and-trade
programs to reduce sulfur dioxide (SO2)
and NOX emissions in 27 eastern states,
including Illinois, that contributed to
downwind nonattainment and
maintenance of the 1997 8-hour ozone
NAAQS and the 1997 fine particulate
matter (PM2.5) NAAQS. See 70 FR 25162
(May 12, 2005). EPA approved Illinois’s
CAIR regulations into the Illinois SIP on
October 10, 2007 (72 FR 58528). In
2008, the United States Court of
Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated
CAIR, North Carolina v. EPA, 531 F.3d
896 (D.C. Cir. 2008), but ultimately
remanded the rule to EPA without
vacatur to preserve the environmental
benefits provided by CAIR, North
Carolina v. EPA, 550 F.3d 1176, 1178
(D.C. Cir. 2008). On August 8, 2011 (76
FR 48208), acting on the D.C. Circuit’s
remand, EPA promulgated CSAPR to
replace CAIR and to address the
interstate transport of emissions
contributing to nonattainment and
interfering with maintenance of the two
air quality standards covered by CAIR
and the 2006 PM2.5 NAAQS. CSAPR
requires substantial reductions of SO2
and NOX emissions from electric
generating units (EGUs) in 28 states in
the Eastern United States, including
Illinois.
Implementation of CSAPR was
scheduled to begin on January 1, 2012,
when CSAPR’s cap-and-trade programs
would have superseded the CAIR cap
and trade programs. Numerous parties
filed petitions for review of CSAPR, and
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on December 30, 2011, the D.C. Circuit
issued an order staying CSAPR pending
resolution of the petitions and directing
EPA to continue to administer CAIR.
EME Homer City Generation, L.P. v.
EPA, No. 11–1302 (D.C. Cir. Dec. 30,
2011), Order at 2.
On August 21, 2012, the D.C. Circuit
issued its ruling, vacating and
remanding CSAPR to EPA and once
again ordering continued
implementation of CAIR. EME Homer
City Generation, L.P. v. EPA, 696 F.3d
7, 38 (D.C. Cir. 2012). The D.C. Circuit
subsequently denied EPA’s petition for
rehearing en banc. EME Homer City
Generation, L.P. v. EPA, No. 11–1302,
2013 WL 656247 (D.C. Cir. Jan. 24,
2013), at *1. EPA and other parties then
petitioned the Supreme Court for a writ
of certiorari, and the Supreme Court
granted the petitions on June 24, 2013.
EPA v. EME Homer City Generation,
L.P., 133 S. Ct. 2857 (2013).
On April 29, 2014, the Supreme Court
vacated and reversed the D.C. Circuit
Court’s decision regarding CSAPR, and
remanded that decision to the D.C.
Circuit Court to resolve remaining
issues in accordance with its ruling.
EPA v. EME Homer City Generation,
L.P., 134 S. Ct. 1584 (2014). EPA moved
to have the stay of CSAPR lifted in light
of the Supreme Court decision. EME
Homer City Generation, L.P. v. EPA,
Case No. 11–1302, Document No.
1499505 (D.C. Cir. filed June 26, 2014).
In its motion, EPA asked the D.C.
Circuit to toll CSAPR’s compliance
deadlines by three years so that the
Phase 1 emissions budgets applied in
2015 and 2016 (instead of 2012 and
2013), and the Phase 2 emissions
budgets apply in 2017 and beyond
(instead of 2014 and beyond). On
October 23, 2014, the D.C. Circuit
granted EPA’s motion and lifted the stay
of CSAPR, which was imposed on
December 30, 2011. EME Homer City
Generation, L.P. v. EPA, No. 11–1302
(D.C. Cir. Oct. 23, 2014), Order at 3. On
December 3, 2014, EPA issued an
interim final rule to clarify how EPA
will implement CSAPR consistent with
the D.C. Circuit Court’s order granting
EPA’s motion requesting lifting the stay
and tolling the rule’s deadlines. See 79
FR 71663 (December 3, 2014) (interim
final rulemaking). Consistent with that
rule, EPA began implementing CSAPR
on January 1, 2015. EPA expects that the
implementation of CSAPR will preserve
the reductions achieved by CAIR and
result in additional SO2 and NOX
emission reductions throughout the
maintenance period.
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b. 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.
On February 10, 2000 (65 FR 6698), EPA
promulgated Tier 2 motor vehicle
emission standards and gasoline sulfur
control requirements. These emission
control requirements result in lower
VOC and NOX emissions from new cars
and light duty trucks, including sport
utility vehicles. With respect to fuels,
this rule required refiners and importers
of gasoline to meet lower standards for
sulfur in gasoline, which were phased
in between 2004 and 2006. By 2006,
refiners were required to meet a 30 ppm
average sulfur level, with a maximum
cap of 80 ppm. This reduction in fuel
sulfur content ensures the effectiveness
of low emission-control technologies.
The Tier 2 tailpipe standards
established in this rule were phased in
for new vehicles between 2004 and
2009. EPA estimates that, when fully
implemented, this rule will cut NOX
and VOC emissions from light-duty
vehicles and light-duty trucks by
approximately 76 and 28 percent,
respectively. NOX and VOC reductions
from medium-duty passenger vehicles
included as part of the Tier 2 vehicle
program are estimated to be
approximately 37,000 and 9,500 tons
per year, respectively, when fully
implemented. Some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period, as older vehicles
are replaced with newer, compliant
model years.
Heavy-Duty Diesel Engine Rules. In
July 2000, EPA issued a rule for onhighway heavy-duty diesel engines that
includes standards limiting the sulfur
content of diesel fuel. Emissions
standards for NOX, VOC and PM were
phased in between model years 2007
and 2010. In addition, the rule reduced
the highway diesel fuel sulfur content to
15 parts per million by 2007, leading to
additional reductions in combustion
NOX and VOC emissions. EPA has
estimated future year emission
reductions due to implementation of
this rule. Nationally, EPA estimated that
2015 NOX and VOC emissions would
decrease by 1,260,000 tons and 54,000
tons, respectively. Nationally, EPA
estimated that 2030 NOX and VOC
emissions will decrease by 2,570,000
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tons and 115,000 tons, respectively. As
projected by these estimates and
demonstrated in the on-road emission
modeling for the St. Louis area, some of
these emission reductions occurred by
the attainment years and additional
emission reductions will occur
throughout the maintenance period, as
older vehicles are replaced with newer,
compliant model years.
Nonroad Diesel Rule. On June 29,
2004 (69 FR 38958), EPA issued a rule
adopting emissions standards for
nonroad diesel engines and sulfur
reductions in nonroad diesel fuel. This
rule applies to diesel engines used
primarily in construction, agricultural,
and industrial applications. Emission
standards are phased in for 2008
through 2015 model years based on
engine size. The SO2 limits for nonroad
diesel fuels were phased in from 2007
through 2012. EPA estimates that when
fully implemented, compliance with
this rule will cut NOX emissions from
these nonroad diesel engines by
approximately 90 percent. Some of
these emission reductions occurred by
the attainment years, and additional
emission reductions will occur
throughout the maintenance period as
older engines are replaced with newer,
compliant model years.
Nonroad Spark-Ignition Engines and
Recreational Engine Standards. On
November 8, 2002 (67 FR 68242), EPA
adopted emission standards for large
spark-ignition engines such as those
used in forklifts and airport groundservice equipment; recreational vehicles
such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and
recreational marine diesel engines.
These emission standards were phased
in from model year 2004 through 2012.
When fully implemented, EPA estimates
an overall 72 percent reduction in VOC
emissions from these engines and an 80
percent reduction in NOX emissions.
Some of these emission reductions
occurred by the attainment years and
additional emission reductions will
occur throughout the maintenance
period as older vehicles are replaced
with newer, compliant model years.
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Reciprocating Internal Combustion
Engines. On March 3, 2010 (75 FR
9648), EPA issued a rule to reduce
hazardous air pollutants from existing
diesel powered stationary reciprocating
internal combustion engines, also
known as compression ignition engines.
Amendments to this rule were finalized
on January 14, 2013 (78 FR 6674). EPA
estimated that when this rule was fully
implemented in 2013, NOX and VOC
emissions from these engines would be
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reduced by approximately 9,600 and
36,000 tons per year, respectively.
Category 3 Marine Diesel Engine
Standards. On April 30, 2010 (75 FR
22896), EPA issued emission standards
for marine compression-ignition engines
at or above 30 liters per cylinder. Tier
2 emission standards applied beginning
in 2011, and are expected to result in a
15 to 25 percent reduction in NOX
emissions from these engines. Final Tier
3 emission standards applied beginning
in 2016 and are expected to result in
approximately an 80 percent reduction
in NOX from these engines. Some of
these emission reductions occurred by
the attainment years, and additional
emission reductions will occur
throughout the maintenance period as
older engines are replaced with newer,
compliant model years.
c. Control Measures Specific to the
Metro-East Area
VOC RACT Rules. Illinois adopted
several VOC RACT rules corresponding
to the source categories covered in the
Control Technique Guideline (CTG)
documents issued by EPA in 2006,
2007, and 2008. Illinois adopted rules to
control VOC emissions from the
following source categories: Industrial
cleaning solvents; flat wood paneling;
flexible packaging printing lines;
lithographic printing lines; letterpress
printing lines; paper, film, and foil
coatings; large appliance coatings; metal
furniture coatings; miscellaneous metal
and plastic parts coatings, automobile
and light-duty truck assembly coatings;
miscellaneous industrial adhesives; and,
fiberglass boat manufacturing. EPA
approved these rules into the Illinois
SIP on March 23, 2012 (77 FR 16940).
Illinois Administrative Code (IAC)
rule 219.187 controls VOC emissions
from industrial solvent cleaning
operations and required compliance by
January 1, 2012. IEPA did not quantify
the emission reductions expected from
this category.
IAC rules 219.204–205, 219.207–208,
219.210–212, and 219.217–219.219
require the control of emissions from
coating operations including flat wood
paneling; large appliance coatings;
metal furniture coatings; paper, film,
and foil coatings; miscellaneous metal
and plastic parts coatings; and
automobile and light-duty truck
assembly coatings. Compliance with the
regulations pertaining to paper, film,
and foil coatings; large appliance
coatings; and metal furniture coatings
was required by May 1, 2011.7 IEPA
7 While VOC emission reductions from these
source categories may not be evident when
comparing the 2011 and 2014 emission inventories
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estimated a 20% reduction in VOC
emissions from implementation of the
paper, film and foil coatings rule, but
did not quantify emission reductions
from the large appliance coating or
metal furniture coating rules.
Compliance with the regulations
pertaining to flat wood paneling,
miscellaneous metal and plastic parts
coatings, and automobile and light-duty
truck assembly coatings was required by
May 1, 2012. IEPA estimated a 60% and
35% reduction in VOC emissions from
flat wood paneling coatings and
miscellaneous metal and plastic parts
coatings, respectively, due to the
implementation of these rules. IEPA did
not quantify the reduction in VOC
emissions due to the implementation of
automobile and light-duty truck
assembly coatings regulations.
IAC rules 219.401–404 control VOC
emissions from flexible package printing
lines; 219.405–411 control VOC
emissions from lithographic printing
lines; and 219.412–417 control VOC
emissions from letterpress printing
lines. These rules required compliance
by August 1, 2010.8 IEPA estimated a
25% reduction in VOC emissions from
lithographic printing lines and a 30%
reduction in VOC emissions from
letterpress printing lines, but did not
quantify the emission reductions
expected from flexible packaging
printing lines.
IAC rules 219.890–894 control VOC
emissions from fiberglass boat
manufacturing and required compliance
by May 1, 2012. IEPA did not identify
a reduction in VOC emissions from this
source category. IAC rules 219.900–904
control VOC emissions from
miscellaneous industrial adhesives and
required compliance by May 1, 2012.
IEPA estimated a 40% reduction in VOC
emissions from this source category.
Consumer and Commercial Products
and Architectural and Industrial
Maintenance Coatings Rules. Illinois
adopted regulations to control emissions
from consumer and commercial
products and architectural and
industrial maintenance coatings on June
8, 2009, and amended them to include
because of the regulatory compliance date, the
reductions from these permanent and enforceable
requirements occurred after the 2008–2010 time
period EPA used to designate the St. Louis area as
nonattainment for the 2008 ozone standard, thus
contributing to the improvement in air quality.
8 While VOC emission reductions from these
source categories may not be evident when
comparing the 2011 and 2014 emission inventories
because the regulatory compliance date occurred in
2010, the reductions primarily occurred after the
2008–2010 time period EPA used to designate the
St. Louis area as nonattainment for the 2008 ozone
standard, thus contributing to the improvement in
air quality.
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additional product categories and
emission limits on May 4, 2012.
Consumer and commercial products are
regulated under IAC 223.200–285, and
architectural and industrial
maintenance coatings are regulated
under IAC 223.300–370. EPA approved
these rules into the Illinois SIP on May
6, 2013 (78 FR 26258). Compliance with
the original rules was required by July
1, 2009, and compliance for the
additional product categories was
required by July 1, 2012. Illinois
estimated an 18% reduction in VOC
emissions from consumer and
commercial products and architectural
and industrial maintenance coatings
due to implementation of these rules.
Illinois Multi Pollutant Standards
(MPS) and Combined Pollutant
Standards (CPS) Rules. The Illinois
MPS and CPS rules, IAC 225.233 and
225.291–296, are designed to control
mercury emissions from coal-fired
electric generating units, and also
control NOX emissions. Illinois adopted
these regulations on June 26, 2009, with
compliance required by January 1, 2012.
These rules were approved by EPA on
July 6, 2012 (77 FR 39943). IEPA
estimated a 59 percent reduction in NOX
from these sources statewide from the
implementation of these rules.
2. Emission Reductions
Illinois is using the 2011 base year
emissions inventory, approved by EPA
as meeting the requirements of CAA
Section 182(a)(1), as the nonattainment
inventory. See 81 FR 11671 (March 7,
2016). Although 2008–2010 ozone
monitoring data was used to designate
the St. Louis area as nonattainment, the
area continued to monitor
nonattainment in 2011; therefore, 2011
is an appropriate year to use as the
nonattainment inventory.
For the attainment inventory, Illinois
is using 2014, one of the years the St.
Louis area monitored attainment of the
2008 ozone standard. IEPA compiled
point source emission information from
2014 annual emission reports submitted
by sources. IEPA calculated area source
emissions primarily using an emission
factor multiplied by an activity rate
(e.g., population, employment, amount
of fuel burned, etc.).9 IEPA calculated
onroad mobile source emissions using
57899
EPA’s MOVES2014a emissions model,
with vehicle miles traveled (VMT) data
provided by the Illinois Department of
Transportation (IDOT). IEPA calculated
non-road mobile source emissions using
EPA’s MOVES2014a emissions model,
and calculated aircraft emissions using
the Emissions and Dispersion Modeling
System (EDMS) model. Emissions from
locomotives were grown from the 2011
inventory. Commercial marine vessel
emissions were provided by the Lake
Michigan Air Directors Consortium
(LADCO).
Using the inventories described
above, along with 2011 and 2014
emissions inventories provided by the
Missouri Department of Natural
Resources (MDNR) for the Missouri
portion of the St. Louis area, IEPA’s
submittal documents changes in VOC
and NOX emissions from 2011 to 2014.
Subsequent to IEPA’s submittal,
Missouri submitted corrections to its
2014 and 2030 emissions inventories for
the Missouri portion of the St. Louis
area. These revisions are reflected in the
emissions data for the St. Louis area
shown in Tables 2 through 5.
TABLE 2—ST. LOUIS AREA VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 2011
IN TONS PER SUMMER DAY [TPSD]
VOC
Illinois
NOX
Missouri
Area total
Illinois
Missouri
Area total
Point .........................................................
Area ..........................................................
On-road ....................................................
Nonroad ...................................................
10.80
18.12
11.44
8.49
14.58
72.77
38.00
39.03
25.38
90.89
49.44
47.52
26.18
1.23
34.14
17.17
90.68
5.60
124.21
47.55
116.86
6.83
158.35
64.72
Total ..................................................
48.86
164.38
213.24
78.72
268.04
346.76
TABLE 3—ST. LOUIS AREA VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2014 [TPSD]
VOC
Illinois
NOX
Missouri
Area total
Illinois
Missouri
Area total
Point .........................................................
Area ..........................................................
On-road ....................................................
Nonroad ...................................................
9.38
19.06
10.11
7.47
13.86
69.81
38.21
33.42
23.24
88.87
48.32
40.89
23.29
1.53
26.94
24.62
81.70
6.47
111.76
38.44
104.99
8.00
138.70
63.06
Total ..................................................
46.02
155.30
201.32
76.38
238.37
314.75
TABLE 4—CHANGE IN VOC AND NOX EMISSIONS BETWEEN 2011 AND 2014 FOR THE METRO-EAST AREA [TPSD]
sradovich on DSK3GMQ082PROD with PROPOSALS
VOC
2011
Point .........................................................
Area ..........................................................
On-road ....................................................
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Net change
(2011–2014)
2014
10.80
18.12
11.44
9 The 2014 inventory included additional
categories not calculated in the 2011 inventory.
These categories include oil and gas production, oil
NOX
9.38
19.06
10.11
¥1.42
0.94
¥1.33
exploration, and agricultural field burning. While
emissions from these categories may be significant
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2011
2014
26.18
1.23
34.14
23.29
1.53
26.94
Net change
(2011–2014)
¥2.89
0.30
¥7.20
state-wide, IEPA has indicated that these emissions
are very minor for the Metro-East area.
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TABLE 4—CHANGE IN VOC AND NOX EMISSIONS BETWEEN 2011 AND 2014 FOR THE METRO-EAST AREA [TPSD]—
Continued
VOC
2011
NOX
Net change
(2011–2014)
2014
2011
2014
Net change
(2011–2014)
Nonroad ...................................................
8.49
7.47
¥1.02
17.17
24.62
7.45
Total ..................................................
48.86
46.02
¥2.84
78.72
76.38
¥2.34
TABLE 5—CHANGE IN VOC AND NOX EMISSIONS BETWEEN 2011 AND 2014 FOR THE ENTIRE ST. LOUIS AREA [TPSD]
VOC
2011
NOX
Net change
(2011–2014)
2014
2011
2014
Net change
(2011–2014)
Point .........................................................
Area ..........................................................
On-road ....................................................
Nonroad ...................................................
25.38
90.89
49.44
47.52
23.24
88.87
48.32
40.89
¥2.14
¥2.02
¥1.12
¥6.63
116.86
6.83
158.35
64.72
104.99
8.00
138.70
63.06
¥11.87
1.17
¥19.65
¥1.66
Total ..................................................
213.24
201.32
¥11.92
346.76
314.75
¥32.01
Table 5 shows that emissions of VOC
and NOX in the St. Louis area were
reduced by 11.92 TPSD and 32.01
TPSD, respectively, between 2011 and
2014. As shown in Table 4, the MetroEast area alone reduced VOC and NOX
emissions by 2.84 TPSD and 2.34 TPSD,
respectively, between 2011 and 2014.
As discussed above, Illinois identified
numerous Federal rules and state rules
approved into the Illinois SIP that
resulted in the reduction of VOC and
NOX emissions from 2011 to 2014.
Therefore, Illinois has shown that the
air quality improvements in the St.
Louis area are due to permanent and
enforceable emission reductions.
sradovich on DSK3GMQ082PROD with PROPOSALS
3. Meteorology
To further support IEPA’s
demonstration that the improvement in
air quality is due to permanent and
enforceable emission reductions,
LADCO performed a meteorology
analysis. The analysis concluded that
the improvement in air quality was not
due to favorable meteorology. LADCO
conducted a classification and
regression tree (CART) analysis with
2000 through 2015 data from three
Metro-East area ozone sites. The goal of
the analysis was to determine the
meteorological and air quality
conditions associated with ozone
episodes, and construct trends for the
days identified as sharing similar
meteorological conditions.
LADCO developed regression trees for
the three monitors to classify each
summer day by its ozone concentration
and associated meteorological
conditions. By grouping days with
similar meteorology, the influence of
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meteorological variability on the
underlying trend in ozone
concentrations is partially removed, and
the remaining trend is presumed to be
due to trends in precursor emissions or
other non-meteorological influences.
The CART analysis showed the
resulting trends in ozone concentrations
declining over the period examined,
supporting the conclusion that the
improvement in air quality was not due
to unusually favorable meteorology.
D. Does Illinois have a fully approvable
ozone maintenance plan for the MetroEast area?
As one of the criteria for redesignation
to attainment, section 107(d)(3)(E)(iv) of
the CAA requires EPA to determine that
the area has a fully approved
maintenance plan pursuant to section
175A of the CAA. Section 175A of the
CAA sets forth the 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 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
for an additional 10 years beyond the
initial 10 year maintenance period. To
address the possibility of future NAAQS
violations, the maintenance plan must
contain contingency measures, as EPA
deems necessary, to assure prompt
correction of the future NAAQS
violation.
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The Calcagni Memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
elements: (1) An attainment emission
inventory; (2) a maintenance
demonstration; (3) a commitment for
continued air quality monitoring; (4) a
process for verification of continued
attainment; and (5) a contingency plan.
In conjunction with its request to
redesignate the Metro-East area to
attainment for the 2008 ozone standard,
IEPA submitted, as a SIP revision, a
plan to provide for maintenance of the
2008 ozone standard through 2030,
more than 10 years after the expected
effective date of the redesignation to
attainment. As discussed below, EPA
proposes to find that the Illinois ozone
maintenance plan includes the
necessary components and approve the
maintenance plan as a revision to the
Illinois SIP.
1. Attainment Inventory
EPA is proposing to determine that
the St. Louis area has attained the 2008
ozone NAAQS based on monitoring data
for the period of 2014–2016. IEPA
selected 2014 as the year to establish
attainment emission levels for VOC and
NOX. IEPA’s 2014 attainment emissions
inventory identifies the levels of
emissions in the St. Louis area that are
sufficient to attain the 2008 ozone
NAAQS. The basis of the attainment
year emissions was discussed above in
section IV.C.2. of this proposed rule.
Additionally, the attainment level
emissions, by source category, are
summarized in Table 3 above. The
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attainment emissions inventory is
consistent with the Calcagni memo.
2. Has the state documented
maintenance of the ozone standard in
the St. Louis area?
Illinois has demonstrated
maintenance of the 2008 ozone standard
through 2030 by ensuring that current
and future emissions of VOC and NOX
for the St. Louis area remain at or below
attainment year emission levels through
the use of emission inventories. A
maintenance demonstration need not be
based on modeling. See Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), Sierra Club
v. EPA, 375 F. 3d 537 (7th Cir. 2004).
See also 66 FR 53094, 53099–53100
(October 19, 2001), 68 FR 25413, 25430–
25432 (May 12, 2003).
Illinois is using emissions inventories
for the years 2020 and 2030 to
demonstrate maintenance. 2030 is more
than 10 years after the expected
effective date of the redesignation to
attainment, and 2020 was selected to
demonstrate that emissions are not
expected to increase in the interim
between the attainment year and the
final maintenance year.
To develop the 2020 and 2030
inventories, the state collected data from
the EPA’s Air Emissions Modeling
platform (2011v6.2) inventories for
years 2011, 2017 and 2025. For year
2020, emissions for point and area
source sectors, as well as nonroad
mobile categories not calculated by the
MOVES model, were derived by
interpolating between 2017 and 2025.
For year 2030, emissions for point and
area source sectors, as well as nonroad
mobile categories not calculated by the
MOVES model, were derived using the
TREND function in Excel. Finally,
onroad and nonroad mobile source
emissions were calculated for 2020 and
2030 using the MOVES2014a model.
Total VMT for 2020 and 2030 were
assumed to increase at a rate of 1.012
percent per year from 2014. Emissions
data are shown in Tables 6 through 9
below.
TABLE 6—ST. LOUIS AREA VOC AND NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2020 [TPSD]
VOC
Illinois
NOX
Missouri
Area total
Illinois
Missouri
Area total
Point .........................................................
Area ..........................................................
Onroad .....................................................
Nonroad ...................................................
9.03
18.40
6.38
5.65
14.32
68.86
26.64
28.71
23.35
87.26
33.02
34.36
16.81
1.51
13.22
18.45
88.60
16.87
46.42
28.27
105.41
18.38
59.64
46.72
Total ..................................................
39.47
138.53
178.00
49.99
180.16
230.15
TABLE 7—ST. LOUIS AREA VOC AND NOX EMISSIONS FOR MAINTENANCE YEAR 2030 [TPSD]
VOC
Illinois
NOX
Missouri
Area total
Illinois
Missouri
Area total
Point .........................................................
Area ..........................................................
Onroad .....................................................
Nonroad ...................................................
8.53
18.05
3.75
5.09
14.31
68.80
18.42
30.01
22.84
86.85
22.17
35.10
16.93
1.51
6.70
11.31
93.08
13.03
25.57
29.90
110.01
14.54
32.27
41.21
Total ..................................................
35.43
131.54
166.97
36.46
161.58
198.04
TABLE 8—CHANGE IN VOC AND NOX EMISSIONS BETWEEN 2014 AND 2030 FOR THE METRO-EAST AREA [TPSD]
VOC
2014
2020
NOX
2030
Net change
(2014–2030)
2014
2020
2030
Net change
(2014–2030)
Point .............................................................
Area ..............................................................
Onroad .........................................................
Nonroad .......................................................
9.38
19.06
10.11
7.47
9.03
18.40
6.38
5.65
8.53
18.05
3.75
5.09
¥0.85
¥1.01
¥6.36
¥2.38
23.29
1.53
26.94
24.62
16.81
1.51
13.22
18.45
16.93
1.51
6.70
11.31
¥6.36
¥0.02
¥20.24
¥13.31
Total ......................................................
46.02
39.47
35.43
¥10.59
76.38
49.99
36.46
¥39.92
TABLE 9—CHANGE IN VOC AND NOX EMISSIONS BETWEEN 2014 AND 2030 FOR THE ENTIRE ST. LOUIS AREA [TPSD]
sradovich on DSK3GMQ082PROD with PROPOSALS
VOC
2014
2020
NOX
2030
Net change
(2014–2030)
2014
2020
2030
Net change
(2014–2030)
Point .............................................................
Area ..............................................................
Onroad .........................................................
Nonroad .......................................................
23.24
88.87
48.32
40.89
23.35
87.26
33.02
34.36
22.84
86.85
22.17
35.10
¥0.40
¥2.02
¥26.15
¥5.79
104.99
8.00
138.70
63.06
105.41
18.38
59.64
46.72
110.01
14.54
32.27
41.21
5.02
6.54
¥106.43
¥21.85
Total ......................................................
201.32
178.00
166.97
¥34.35
314.75
230.15
198.04
¥116.71
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In summary, the maintenance
demonstration for the St. Louis area
shows maintenance of the 2008 ozone
standard by providing emissions
information to support the
demonstration that future emissions of
VOC and NOX will remain at or below
2014 emission levels when taking into
account both future source growth and
implementation of future controls. Table
9 shows VOC and NOX emissions in the
St. Louis area are projected to decrease
by 34.35 TPSD and 116.71 TPSD,
respectively, between 2014 and 2030.
As shown in Table 8, VOC and NOX
emissions in the Metro-East portion of
the area alone are projected to decrease
by 10.59 TPSD and 39.92 TPSD,
respectively, between 2014 and 2030.
sradovich on DSK3GMQ082PROD with PROPOSALS
3. Continued Air Quality Monitoring
IEPA has committed to continue to
monitor ozone levels according to an
EPA approved monitoring plan to
ensure maintenance of the 2008 ozone
standard. Illinois remains obligated to
meet monitoring requirements and
continue to quality assure monitoring
data in accordance with 40 CFR part 58,
and to enter all data into AQS in
accordance with Federal guidelines.
4. Verification of Continued Attainment
The State of Illinois has the legal
authority to enforce and implement the
requirements of the maintenance plan
for the Metro-East area. This includes
the authority to adopt, implement, and
enforce any subsequent emission
control measures determined to be
necessary to correct future ozone
attainment problems.
Verification of continued attainment
is accomplished through operation of
the ambient ozone monitoring network
and the periodic update of the area’s
emissions inventory. IEPA has
committed to continue monitoring
ozone levels according to an EPA
approved monitoring plan. Should
changes in the location of an ozone
monitor become necessary, IEPA will
work with EPA to ensure the adequacy
of the monitoring network. IEPA has
further committed to continue to quality
assure the monitoring data to meet the
requirements of 40 CFR part 58 and
enter all data into AQS in accordance
with Federal guidelines.
In addition, to track future levels of
emissions, IEPA will continue to
develop and submit to EPA updated
emission inventories for all source
categories at least once every three
years, consistent with the requirements
of 40 CFR part 51, subpart A, and in 40
CFR 51.122. The Consolidated
Emissions Reporting Rule (CERR) was
promulgated by EPA on June 10, 2002
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(67 FR 39602). The CERR was replaced
by the Annual Emissions Reporting
Requirements (AERR) on December 17,
2008 (73 FR 76539). The most recent
triennial inventory for Illinois was
compiled for 2014. Point source
facilities covered by the Illinois
emission statement rule will continue to
submit VOC and NOX emissions on an
annual basis as required by 35 Ill. Adm.
Code Part 254.
5. What is the contingency plan for the
St. Louis area?
Section 175A of the CAA requires that
the state must adopt a maintenance
plan, as a SIP revision, that includes
such contingency measures as EPA
deems necessary to assure that the state
will promptly correct a violation of the
NAAQS that occurs after redesignation
of the area to attainment of the NAAQS.
The maintenance plan must identify:
The contingency measures to be
considered and, if needed for
maintenance, adopted and
implemented; a schedule and procedure
for adoption and implementation; 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
considered, adopted, and implemented.
The maintenance plan must include a
commitment that the state will
implement all measures with respect to
the control of the pollutant that were
contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d) of
the CAA.
As required by section 175A of the
CAA, Illinois has adopted a contingency
plan for the St. Louis area to address
possible future ozone air quality
problems. The contingency plan
adopted by Illinois has two levels of
response, Level I and Level II.
A Level I response is triggered in the
event that: (1) The fourth highest 8-hour
ozone concentration at any monitoring
site in the St. Louis area exceeds 0.075
parts ppm in any year, or (2) VOC or
NOX emissions in the Metro-East area
increase more than 5% above the levels
contained in the 2014 attainment year
emissions inventory. IEPA will work
with the Missouri Department of
Natural Resources (MDNR) to evaluate
the causes of high ozone levels or
emissions trends and to determine
appropriate control measures needed to
ensure continued attainment of the
ozone standard. Control measures
selected under a Level I response must
be adopted within 18 months after a
determination is made and
implemented within 24 months of
adoption.
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A Level II response is triggered in the
event that a violation of the 2008 ozone
standard is monitored within the St.
Louis area. To select appropriate
corrective measures, IEPA will work
with the MDNR to conduct a
comprehensive study to determine the
causes of the violation and the control
measures necessary to mitigate the
problem. Implementation of necessary
controls in response to a Level II trigger
must take place as expeditiously as
possible, but in no event later than 18
months after IEPA makes a
determination, based on quality-assured
ambient monitoring data, that a
violation of the NAAQS has occurred.
IEPA included the following list of
potential contingency measures that
could be implemented if a Level I or
Level II response is triggered:
a. Continued phasing in of Mercury
and Air Toxics Standards, Reciprocating
Internal Combustion Engines NESHAP
and Industrial/Commercial/Institutional
Boilers and Process Heaters NESHAP;
b. CSAPR update after promulgation
by EPA;
c. NESHAP risk and technology
review including: Mineral Wool
Production 40 CFR 63 subpart DDD,
Ferroalloys Production 40 CFR 63
subpart XXX, Petroleum Refineries 40
CFR 63 subparts CC and UUU;
d. New Source Performance
Standards—Petroleum Refineries 40
CFR subpart Ja;
e. Broader geographic applicability of
existing measures;
f. Implementation of oil and gas sector
emission guidelines, once finalized by
EPA;
g. Conversion of coal-fired EGUs to
natural gas and from baseload units to
intermittent units;
h. Implementation of ozone transport
commission model rules for above
ground storage tanks;
i. Implementation of the Clean Power
Plan, once stay is lifted;
j. Implementation of the 2017 lightduty vehicle greenhouse gas and
corporate average fuel economy
standards;
k. Mobile source air toxics rule;
l. Tier 3 Vehicle emissions and fuel
standards;
m. Heavy-duty vehicle greenhouse gas
rules;
n. Regulations on the sale of
aftermarket catalytic converters;
o. Adopting standards and limitations
for organic material emissions for area
sources (consumer and commercial
products and architectural and
industrial maintenance coatings rule),
current California commercial and
consumer products—aerosol adhesive
coatings, dual purpose air freshener/
disinfectant, etc.
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To qualify as a contingency measure,
emissions reductions from that measure
must not be factored into the emissions
projections used in the maintenance
plan.
EPA has concluded that Illinois’
maintenance plan adequately addresses
the five basic components of a
maintenance plan: Attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. In addition, as
required by section 175A(b) of the CAA,
IEPA has committed to submit to EPA
an updated ozone maintenance plan
eight years after redesignation of the
Metro-East area to cover an additional
ten years beyond the initial 10-year
maintenance period. Thus, the
maintenance plan SIP revision
submitted by IEPA meets the
requirements of section 175A of the
CAA and EPA proposes to approve it as
a revision to the Illinois SIP.
sradovich on DSK3GMQ082PROD with PROPOSALS
V. Has Illinois adopted approvable
motor vehicle emission budgets?
A. What are motor vehicle emission
budgets?
Under section 176(c) of the CAA, new
transportation plans, programs, or
projects that receive Federal funding or
support, 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
problems, or delay timely attainment of
the NAAQS or interim air quality
milestones. Regulations at 40 CFR part
93 set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of transportation
activities to a SIP. Transportation
conformity is a requirement for
nonattainment and maintenance areas.
Maintenance areas are areas that were
previously nonattainment for a
particular NAAQS, but that have been
redesignated to attainment with an
approved maintenance plan for the
NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs for nonattainment areas and
maintenance plans for areas seeking
redesignations to attainment of the
ozone standard and maintenance areas.
See the SIP requirements for the 2008
ozone standard in EPA’s March 6, 2015
implementation rule (80 FR 12264).
These control strategy SIPs (including
reasonable further progress plans and
attainment plans) and maintenance
plans must include MVEBs for criteria
pollutants, including ozone, and their
precursor pollutants (VOC and NOX for
ozone) to address pollution from onroad
transportation sources. The MVEBs are
the portion of the total allowable
emissions that are allocated to highway
and transit vehicle use that, together
with emissions from other sources in
the area, will provide for attainment or
maintenance. See 40 CFR 93.101.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment must be established, at
minimum, for the last year of the
maintenance plan. A state may adopt
MVEBs for other years as well. The
MVEB serves as a ceiling on emissions
from an area’s planned transportation
system. The MVEB concept is further
explained in the preamble to the
November 24, 1993, Transportation
Conformity Rule (58 FR 62188). The
preamble also describes how to
establish the MVEB in the SIP and how
to revise the MVEB, if needed,
subsequent to initially establishing a
MVEB in the SIP.
B. What is the status of EPA’s adequacy
determination for the proposed VOC
and NOX MVEBs for the Metro-East
area?
When reviewing submitted control
strategy SIPs or maintenance plans
containing MVEBs, EPA must
affirmatively find that the MVEBs
contained therein are adequate for use
in determining transportation
conformity. Once EPA affirmatively
finds that the submitted MVEBs are
adequate for transportation 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 adequacy of a MVEB are set
out in 40 CFR 93.118(e)(4). The process
for determining adequacy consists of
three basic steps: Public notification of
a SIP submission; provision for a public
comment period; and EPA’s adequacy
determination. This process for
determining the adequacy of submitted
MVEBs for transportation conformity
purposes was initially outlined in EPA’s
May 14, 1999 guidance, ‘‘Conformity
Guidance on Implementation of March
2, 1999, Conformity Court Decision.’’
EPA adopted regulations to codify the
adequacy process in the Transportation
Conformity Rule Amendments for the
‘‘New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and
Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change,’’
on July 1, 2004 (69 FR 40004).
Additional information on the adequacy
process for transportation conformity
purposes is available in the proposed
rule titled, ‘‘Transportation Conformity
Rule Amendments: Response to Court
Decision and Additional Rule Changes,’’
68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, IEPA’s
maintenance plan includes VOC and
NOX MVEBs for the Metro-East area for
2030, the last year of the maintenance
period. EPA reviewed the VOC and NOX
MVEBs in accordance with the
adequacy process. IEPA’s May 8, 2017,
maintenance plan SIP submission,
including the VOC and NOX MVEBs for
the Metro-East area, was open for public
comment on EPA’s adequacy Web site
on August 21, 2017, at: https://
www.epa.gov/state-and-localtransportation/adequacy-review-stateimplementation-plan-sip-submissionsconformity.
The EPA public comment period on
adequacy of the 2030 MVEBs for the
Metro-East area closed on September 20,
2017. No comments on the submittal
were received during the adequacy
comment period. The submitted
maintenance plan, which included the
MVEBs, was endorsed by the Governor
(or his or her designee) and was subject
to a state public hearing. The MVEBs
were developed as part of an
interagency consultation process which
includes Federal, state, and local
agencies. Additionally, the MVEBs were
clearly identified and precisely
quantified. These MVEBs, when
considered together with all other
emissions sources, are consistent with
maintenance of the 2008 ozone
standard.
TABLE 10—MVEBS FOR THE METRO-EAST AREA [TPSD]
Attainment
year 2014 on-road
emissions
VOC .................................................
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2030 estimated on-road
emissions
2030 mobile
safety margin
allocation
2030 MVEBs
10.11
3.75
5.30
9.05
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TABLE 10—MVEBS FOR THE METRO-EAST AREA [TPSD]—Continued
Attainment
year 2014 on-road
emissions
2030 estimated on-road
emissions
2030 mobile
safety margin
allocation
2030 MVEBs
26.94
6.70
9.98
16.68
NOX ..................................................
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As shown in Table 10, the 2030
MVEBs exceed the estimated 2030 onroad sector emissions. In an effort to
accommodate future variations in travel
demand models and vehicle miles
traveled forecast, IEPA allocated a
portion of the safety margin (described
further below) to the mobile sector.
Illinois has demonstrated that the St.
Louis area can maintain the 2008 ozone
NAAQS with mobile source emissions
in the Metro-East portion of the area of
9.05 TPSD of VOC and 16.68 TPSD of
NOX in 2030. This is because emissions
will remain under attainment year
emission levels despite partial
allocation of the safety margin. Based on
this analysis, the St. Louis area should
maintain attainment of the 2008 ozone
NAAQS for the relevant maintenance
period with mobile source emissions at
the levels of the MVEBs.
Therefore, EPA has found that the
MVEBs are adequate and is proposing to
approve the MVEBs for use in
determining transportation conformity
in the Metro-East portion of the St.
Louis area.
C. What is a safety margin and how did
Illinois allocate it?
EPA’s transportation conformity
regulations allow for the use of a safety
margin in the development of MVEBs
for maintenance plans. A ‘‘safety
margin’’ is the difference between the
attainment level of emissions (from all
sources) and the projected level of
emissions (from all sources) in the
maintenance plan. As noted in Table 8,
the emissions in the Metro-East area are
projected to have safety margins of
10.59 TPSD for VOC and 39.92 TPSD for
NOX in 2030 (the difference between the
attainment year, 2014, emissions and
the projected 2030 emissions for all
sources in the Metro-East area). Even if
emissions reached the full level of the
safety margin, the counties would still
demonstrate maintenance because
emission levels would equal those in
the attainment year.
As shown in Table 10 above, Illinois
is allocating a portion of that safety
margin to the mobile source sector.
Specifically, in 2030, Illinois is
allocating 5.30 TPSD and 9.98 TPSD of
the VOC and NOX safety margins,
respectively. IEPA is not requesting
allocation of the entire available safety
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18:45 Dec 07, 2017
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margins reflected in the demonstration
of maintenance. Therefore, even though
the State is requesting MVEBs that
exceed the projected onroad mobile
source emissions for 2030 contained in
the demonstration of maintenance, the
increase in onroad mobile source
emissions that can be considered for
transportation conformity purposes is
well within the safety margins of the
ozone maintenance demonstration.
Further, once allocated to mobile
sources, these safety margins will not be
available for use by other sources. Thus,
IEPA continues to demonstrate
maintenance of the 2008 ozone standard
despite IEPA’s allocation of part of the
safety margin to the mobile source
sector.
VI. Proposed Actions
EPA is proposing to determine that
the St. Louis nonattainment area is
attaining the 2008 ozone standard,
based on quality-assured and certified
monitoring data for 2014–2016 and that
the Metro-East portion of this area has
met the requirements for redesignation
under section 107(d)(3)(E) of the CAA.
EPA is thus proposing to approve
IEPA’s request to change the legal
designation of the Metro-East portion of
the St. Louis area from nonattainment to
attainment for the 2008 ozone standard.
EPA is also proposing to approve, as a
revision to the Illinois SIP, the state’s
maintenance plan for the area. The
maintenance plan is designed to keep
the St. Louis area in attainment of the
2008 ozone NAAQS through 2030.
Finally, EPA finds adequate and is
proposing to approve the newlyestablished 2030 MVEBs for the MetroEast area.
VII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
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areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
Dated: November 17, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017–26419 Filed 12–7–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 1304
RIN 0970–AC63
CLASS Condition of the Head Start
Designation Renewal System
Office of Head Start (OHS),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS).
ACTION: Request for comments.
AGENCY:
OHS invites public comment
on several specific changes being
considered for the CLASS condition of
the Designation Renewal System (DRS)
as outlined in the Head Start Program
Performance Standards. We are
considering changes to the CLASS
condition with a goal of improving
implementation and transparency of the
DRS. Changes being considered include
removal of the ‘‘lowest 10 percent’’
provision of the CLASS condition, an
increase of the minimum thresholds for
the Emotional Support and Classroom
Organization domains to a score of 5,
removal of the minimum threshold for
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SUMMARY:
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the Instructional Support domain, and
establishment of authority for the
Secretary to set an absolute minimum
threshold for the Instructional Support
domain prior to the start of each fiscal
year to be applied for DRS CLASS
reviews in the same fiscal year. OHS
requests feedback on these possible
changes as well as alternative changes to
the CLASS condition, particularly ways
the Instructional Support threshold
could be set and/or adjusted that would
incentivize program improvement while
acknowledging the current state of the
field. OHS also invites feedback on
other conditions of the DRS.
DATES: Submit comments by February 6,
2018.
ADDRESSES: You may send comments,
identified by [docket number and/or
RIN number], by either of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow
instructions for sending comments. We
prefer to receive comments via this
method.
• Mail: Office of Head Start,
Attention: Colleen Rathgeb, Director,
Division of Planning, Oversight and
Policy, 330 C Street SW., Washington,
DC 20024.
Instructions: All submissions received
must include our agency name and the
docket number or Regulatory
Information Number (RIN) for this
notice. All comments will be posted
without change to https://
www.regulations.gov, including any
personal information provided. We
accept anonymous comments. If you
wish to remain anonymous, enter
‘‘N/A’’ in the required fields.
FOR FURTHER INFORMATION CONTACT:
Colleen Rathgeb, Director, Division of
Planning, Oversight and Policy, Office
of Head Start, [colleen.rathgeb@
acf.hhs.gov], (202) 358–3263 (not a tollfree call). Deaf and hearing impaired
individuals may call the Federal Dual
Party Relay Service at 1–800–877–8339
between 8 a.m. and 7 p.m. Eastern
Standard Time.
SUPPLEMENTARY INFORMATION:
Background Information
The Head Start program provides
grants to local public and private nonprofit and for-profit agencies to provide
comprehensive education and child
development services to economically
disadvantaged children, from birth to
age five, and families and to help young
children develop the skills they need to
be successful in school. Our agencies
provide these families comprehensive
services to support children’s cognitive,
social, and emotional development. In
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Fmt 4702
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57905
addition to education services, agencies
provide children and their families with
health, nutrition, social, and other
services.
To drive program quality
improvement, the Improving Head Start
for School Readiness Act of 2007, Pub.
L. 110–134, (the Act) required HHS to
develop a system to facilitate
designation of Head Start grantees
delivering a high-quality and
comprehensive program for a period of
five years and required grantees not
delivering high-quality and
comprehensive services to enter open
competition for continued funding.
Prior to the Act, when HHS designated
a Head Start agency, it remained a Head
Start grantee indefinitely unless the
grantee either relinquished funding or
HHS terminated its grant.
To meet the requirement in the Act,
HHS established the DRS, which is
described in 45 CFR 1304.10 through
16. The DRS includes seven conditions.
If an agency meets any of the seven
conditions, it must compete with other
providers in the community for renewed
grant funding. The seven conditions are:
(1) A deficiency under section
641A(c)(1)(A), (C), or (D) of the Act; (2)
failure to establish, utilize, and analyze
children’s progress on agencyestablished School Readiness goals; (3)
scores below minimum thresholds in
the Classroom Assessment Scoring
System: Pre-K (CLASS) domains or in
the lowest 10 percent in any of the three
domains of the agencies monitored in a
given year unless the average score is
equal to or above the standard of
excellence; (4) revocation of a license to
operate a center or program; (5)
suspension from the program; (6)
debarment from receiving federal or
state funds or disqualified from the
Child and Adult Care Food Program; or
(7) an audit finding of at risk for failing
to continue as ‘‘a going concern.’’ The
Act also requires HHS to periodically
evaluate whether or not the DRS criteria
are applied in a manner that is
transparent, reliable, and valid.
Section 641(c)(1)(D) of the Act
requires the DRS to be based in part on
classroom quality as measured under
section 641A(c)(2)(F), which refers to a
valid and reliable research-based
observational instrument, implemented
by qualified individuals with
demonstrated reliability, that assesses
classroom quality, including assessing
multiple dimensions of teacher-child
interactions that are linked to positive
child development and later
achievement. The third condition of the
DRS is based on use of the CLASS,
which is an observational measurement
tool for assessing the quality of teacher-
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]]>Agencies
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Proposed Rules]
[Pages 57892-57905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26419]
[[Page 57892]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2017-0277; FRL-9971-64-Region 5]
Air Plan Approval; Illinois; Redesignation of the Illinois
Portion of the St. Louis-St. Charles-Farmington, Missouri-Illinois Area
to Attainment of the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that the St. Louis-St. Charles-Farmington, Missouri-Illinois (MO-IL)
area, ``the St. Louis area,'' is attaining the 2008 ozone National
Ambient Air Quality Standard (NAAQS or standard) based on 2014-2016
monitoring data. EPA is further proposing to redesignate the Illinois
portion of the St. Louis area, ``the Metro-East area,'' to attainment
for the 2008 ozone NAAQS because the Metro-East area meets the
statutory requirements for redesignation under the Clean Air Act (CAA).
(EPA will address the Missouri portion of the St. Louis area in a
separate rulemaking action.) The St. Louis area includes Madison,
Monroe and St. Clair Counties in Illinois (the Metro-East area), and
Franklin, Jefferson, St. Charles, and St. Louis Counties and the City
of St. Louis in Missouri. The Illinois Environmental Protection Agency
(IEPA) submitted a request to redesignate the Metro-East area on May 8,
2017. EPA is also proposing to approve, as a revision to the Illinois
State Implementation Plan (SIP), the State's plan for maintaining the
2008 ozone standard through 2030 in the St. Louis area. Finally, EPA
finds adequate and is proposing to approve, as a SIP revision, the
State's 2030 volatile organic compound (VOC) and oxides of nitrogen
(NOX) Motor Vehicle Emission Budgets (MVEBs) for the Metro-
East area.
DATES: Comments must be received on or before January 8, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0277 at https://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, 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) 886-1767,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What are the actions EPA is proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of IEPA's redesignation request?
A. Has the St. Louis area attained the 2008 ozone NAAQS?
B. Has Illinois met all applicable requirements of section 110
and part D of the CAA for the Metro-East area, and does the Metro-
East area have a fully approved SIP under section 110(k) of the CAA?
C. Are the air quality improvements in the St. Louis area due to
permanent and enforceable emission reductions?
D. Does Illinois have a fully approvable ozone maintenance plan
for the St. Louis area?
V. Has Illinois adopted approvable motor vehicle emission budgets?
A. What are motor vehicle emission budgets?
B. What is the status of EPA's adequacy determination for the
proposed VOC and NOX MVEBs for the Metro-East area?
C. What is a safety margin and how did Illinois allocate it?
VI. Proposed Actions
VII. Statutory and Executive Order reviews
I. What are the actions EPA is proposing?
EPA is proposing to take several related actions. EPA is proposing
to determine that the St. Louis nonattainment area is attaining the
2008 ozone standard, based on quality-assured and certified monitoring
data for 2014-2016 and that the Metro-East area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
EPA is thus proposing to change the legal designation of the Metro-East
area from nonattainment to attainment for the 2008 ozone standard.
EPA is also proposing to approve, as a revision to the Illinois
SIP, the State's maintenance plan for the area (such approval being one
of the CAA criteria for redesignation to attainment status). The
maintenance plan is designed to keep the St. Louis area in attainment
of the 2008 ozone NAAQS through 2030.
Finally, EPA finds adequate and is proposing to approve into the
SIP the newly-established 2030 MVEBs for the Metro-East area. The
adequacy comment period for the MVEBs began on August 21, 2017, with
EPA's posting of the availability of Illinois' submittal on EPA's
Adequacy Web site (at https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity). The adequacy comment period for these MVEBs
ended on September 20, 2017. EPA did not receive any adverse comments
on this submittal during the adequacy comment period. In a letter dated
September 26, 2017, EPA informed IEPA that the 2030 MVEBs are adequate
for use in transportation conformity analyses. Please see section V.B.
of this rulemaking, ``What is the status of EPA's adequacy
determination for the proposed VOC and NOX MVEBs for the
Metro-East area?,'' for further explanation of this process.
II. What is the background for these actions?
EPA has determined that ground-level ozone is detrimental to human
health. On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS
of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008).
Under EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS
is attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.075 ppm, when truncated after the thousandth decimal place, at
all of the ozone monitoring sites in the area. See 40 CFR 50.15 and
appendix P to 40 CFR part 50.
[[Page 57893]]
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS, based on the most recent three years of
quality-assured ozone monitoring data. The St. Louis area was
designated as a marginal nonattainment area for the 2008 ozone NAAQS on
May 21, 2012 (77 FR 30088) (effective July 20, 2012) based on 2008-2010
monitoring data.
In a final implementation rule for the 2008 ozone NAAQS (SIP
Requirements Rule),\1\ EPA established ozone standard attainment dates
based on table 1 of section 181(a) of the CAA. The rule established an
attainment date three years after the July 20, 2012, effective
designation date for areas classified as marginal nonattainment for the
2008 ozone NAAQS. Therefore, the attainment date for the St. Louis area
was July 20, 2015. On May 4, 2016 (81 FR 26697), based on EPA's
evaluation and determination that the area met the attainment date
extension criteria of CAA section 181(8)(5), EPA granted the St. Louis
area a 1-year extension of the marginal area attainment date to July
20, 2016. On June 27, 2016 (81 FR 41444), in accordance with section
181(b)(2)(A) of the CAA and the provisions of the SIP Requirements Rule
(40 CFR 51.1103), EPA made a determination that the St. Louis area
attained the standard by the July 20, 2016, attainment date for the
2008 ozone NAAQS. EPA's determination was based upon three years of
complete, quality-assured and certified data for the 2013-2015 time
period.
---------------------------------------------------------------------------
\1\ This rule, titled ``Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: State Implementation Plan
Requirements'' and published at 80 FR 12264 (March 6, 2015),
addresses nonattainment area SIP requirements for the 2008 ozone
NAAQS, including requirements pertaining to attainment
demonstrations, reasonable further progress (RFP), reasonably
available control technology (RACT), reasonably available control
measures (RACM), new source review (NSR), emission inventories, and
the timing requirements for SIP submissions and compliance with
emission control measures in the SIP. This rule also addresses the
revocation of the 1997 ozone NAAQS and the anti-backsliding
requirements that apply when the 1997 ozone NAAQS is revoked.
---------------------------------------------------------------------------
On May 8, 2017, Illinois submitted to EPA a request to redesignate
the Illinois portion of the St. Louis area, also called the Metro-East
area, to attainment for the 2008 ozone NAAQS, and to approve the
maintenance place for the area, including the 2030 MVEBs, as a revision
to the Illinois SIP.
III. What are the criteria for redesignation?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines that the area has attained the NAAQS; (2) the Administrator
has fully approved the applicable 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
reductions in emissions resulting from implementation of the applicable
SIP, applicable Federal air pollutant control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA; and (5) the state containing
the area has met all requirements applicable to the area for the
purposes of redesignation under section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton. Director, Technical Support Division,
June 18, 1990;
2. ``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;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni
Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
6. ``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;
7. ``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;
8. ``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;
9. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994; and
10. ``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.
IV. What is EPA's analysis of IEPA's redesignation request?
A. Has the St. Louis area attained the 2008 ozone NAAQS?
For redesignation of a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2008
ozone NAAQS if it meets the 2008 ozone NAAQS, as determined in
accordance with 40 CFR 50.15 and appendix P of part 50, based on three
complete, consecutive calendar years of quality-assured air quality
data for all monitoring sites in the area. To attain the NAAQS, the
three-year average of the annual fourth-highest daily maximum 8-hour
average ozone concentrations (ozone design values) at each monitor must
not exceed 0.075 ppm. The air quality data must be collected and
quality-assured in accordance with 40 CFR part 58 and recorded in EPA's
Air Quality System (AQS). Ambient air quality monitoring data for the
3-year period must also meet data completeness requirements. An ozone
design value is valid if daily maximum 8-hour average concentrations
are available for at least 90 percent of the days within the ozone
monitoring seasons,\2\ on average, for the three-year period, with a
minimum data completeness of 75 percent during the ozone monitoring
season of any year during the three-year period. See section 2.3 of
appendix P to 40 CFR part 50.
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\2\ The ozone season is defined by state in 40 CFR 58 appendix
D. For the 2013-2015 time period, the ozone season was April-
October. Beginning in 2016, the ozone season is March-October. See
80 FR 65292, 65466-67 (October 26, 2015).
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On June 27, 2016, in accordance with section 181(b)(2)(A) of the
CAA and the provisions of the SIP Requirements Rule (40 CFR 51.1103),
EPA made a determination that the St. Louis area attained the standard
by its July 20, 2016 attainment date for the 2008 ozone NAAQS. (81 FR
41444). This determination was based upon three
[[Page 57894]]
years of complete, quality-assured, and certified data for the 2013-
2015 time period. In addition, EPA has reviewed the ozone monitoring
data from monitoring sites in the St. Louis area for the 2014-2016 time
period. These data, which are complete, quality-assured, and certified,
demonstrate that the St. Louis area is attaining the 2008 ozone NAAQS.
The annual fourth-highest 8-hour ozone concentrations and the 3-year
average of these concentrations (ozone design values) for each
monitoring site are summarized in Table 1.
Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the 4th High Daily Maximum 8-Hour Ozone Concentrations for the
St. Louis Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013 4th 2014 4th 2015 4th 2016 4th 2013-2015 2014-2016
State County Monitor high high high high average average
(ppm) (ppm) (ppm) (ppm) (ppm) (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois........................... Madison........................ 17-119-0008 0.072 0.072 0.069 0.073 0.071 0.071
17-119-1009 0.075 0.070 0.064 0.067 0.069 0.067
17-119-3007 0.069 0.070 0.069 0.075 0.069 0.071
17-119-9991 0.071 0.068 0.067 0.068 0.068 0.067
St. Clair...................... 17-163-0010 0.066 0.067 0.066 0.073 0.066 0.068
Missouri........................... Jefferson...................... 29-099-0019 0.069 0.072 0.069 0.070 0.070 0.070
St. Charles.................... 29-183-1002 0.071 0.072 0.070 0.075 0.071 0.072
29-183-1004 0.071 0.072 0.066 0.076 0.069 0.071
St. Louis...................... 29-189-0005 0.067 0.065 0.065 0.067 0.065 0.065
29-189-0014 0.070 0.072 0.069 0.073 0.070 0.071
St. Louis City................. 29-510-0085 0.066 0.066 0.063 0.068 0.065 0.065
--------------------------------------------------------------------------------------------------------------------------------------------------------
The 3-year ozone design values for 2013-2015 and 2014-2016 are
0.071 ppm and 0.072 ppm, respectively,\3\ which meet the criteria for
attainment of the 2008 ozone NAAQS. Therefore, in today's action, EPA
proposes to determine that the St. Louis area is attaining the 2008
ozone NAAQS based on complete, quality-assured and certified 2014-2016
ozone monitoring data.
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\3\ The monitor ozone design value for the monitor with the
highest 3-year averaged concentration.
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EPA will not take final action to determine that the St. Louis area
is attaining the NAAQS nor approve the redesignation of this area if
the design value of a monitoring site in the area exceeds the NAAQS
after proposal but prior to final approval of the redesignation.
Preliminary 2017 data indicate that this area continues to attain the
2008 ozone NAAQS. As discussed in section IV.D.3. below, IEPA has
committed to continue monitoring ozone in this area to verify
maintenance of the ozone standard.
B. Has Illinois met all applicable requirements of section 110 and part
D of the CAA for the Metro-East area, and does the Metro-East area have
a fully approved SIP under section 110(k) of the CAA?
As criteria for redesignation of an area from nonattainment to
attainment of a NAAQS, the CAA requires EPA to determine that the state
has met all applicable requirements under section 110 and part D of
title I of the CAA (see section 107(d)(3)(E)(v) of the CAA) and that
the area has a fully approved SIP under section 110(k) of the CAA (see
section 107(d)(3)(E)(ii) of the CAA). Illinois has met all applicable
SIP requirements, for purposes of redesignation, under section 110 and
part D of title I of the CAA (requirements specific to nonattainment
areas for the 2008 ozone NAAQS). Additionally, all applicable
requirements of the Illinois SIP for the area have been fully approved
under section 110(k) of the CAA. In making these determinations, EPA
ascertained which CAA requirements are applicable to the Metro-East
area and the Illinois SIP and, if applicable, whether the required
Illinois SIP elements are fully approved under section 110(k) and part
D of the CAA. As discussed more fully below, SIPs must be fully
approved only with respect to currently applicable requirements of the
CAA.
The September 4, 1992 Calcagni memorandum (see ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E)(v) of the CAA. Under this interpretation, a state and the
area it wishes to redesignate must meet the relevant CAA requirements
that are due prior to the state's submittal of a complete redesignation
request for the area. See also the September 17, 1993, Michael Shapiro
memorandum and 60 FR 12459, 12465-12466 (March 7, 1995) (redesignation
of Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone
NAAQS). Applicable requirements of the CAA that become due subsequent
to the state's submittal of a complete request remain applicable until
a redesignation to attainment is approved, but are not required as a
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to
attainment of the 1-hour ozone NAAQS).
1. Illinois Has Met All Applicable Requirements of Section 110 and Part
D of the CAA Applicable to the Metro-East Area for Purposes of
Redesignation
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA contains the general requirements for
a SIP. Section 110(a)(2) provides that the SIP 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
prevention of significant deterioration (PSD) and part D new source
review (NSR) permit programs; (5) include provisions for stationary
source emission control measures, monitoring, and reporting; (6)
include provisions for air quality modeling; and, (7) provide for
public
[[Page 57895]]
and local agency participation in planning and emission control rule
development.
Additionally, 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., the
NOX SIP call.\4\ However, like many of the 110(a)(2)
requirements, the section 110(a)(2)(D) SIP requirements are not linked
with a particular area's ozone designation and classification. EPA
concludes that the SIP requirements linked with the area's ozone
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, these requirements are not applicable requirements for
purposes of redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399
(October 19, 2001), 68 FR 25418, 25426-25427 (May 13, 2003).
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\4\ On October 27, 1992 (63 FR 57356), EPA issued a
NOX SIP call requiring the District of Columbia and 22
states to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. In compliance with EPA's
NOX SIP Call, IEPA developed rules governing the control
of NOX emissions from Electric Generating Units (EGUs),
major non-EGU industrial boilers, major cement kilns, and internal
combustion engines. EPA approved the Illinois rules as fulfilling
Phase I of the NOX SIP Call on June 28, 2001 (66 FR
34382) and November 21, 2001 (66 FR 56454), and as meeting Phase II
of the NOX SIP Call on June 26, 2009 (74 FR 30466).
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Similarly, other section 110 elements that are neither connected
with nonattainment plan submissions nor linked with an area's ozone
attainment status are not applicable requirements for purposes of
redesignation. The area will remain subject to these requirements after
the area is redesignated to attainment of the 2008 ozone NAAQS. The
section 110 and part D requirements which are linked with a particular
area's designation and classification are the relevant measures to
evaluate in reviewing a redesignation request. This approach is
consistent with EPA's existing policy on applicability (i.e., for
redesignations) of conformity and oxygenated fuels requirements, as
well as with section 184 ozone transport requirements. See, e.g.,
Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174-53176
(October 10, 1996) and 62 FR 24826 (May 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 of 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, to the extent
those requirements are applicable for purposes of redesignation.\5\
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\5\ On October 16, 2014 (79 FR 62042), EPA approved elements of
the SIP submitted by Illinois to meet the requirements of section
110 for the 2008 ozone standard. The requirements of section
110(a)(2), however, are statewide requirements that are not linked
to the 8-hour ozone nonattainment status of the St. Louis area.
Therefore, EPA concludes that these infrastructure requirements are
not applicable requirements for purposes of review of the State's 8-
hour ozone redesignation request.
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b. Part D Requirements
Section 172(c) of the CAA sets forth the basic requirements of air
quality plans for states with nonattainment areas that are required to
submit plans pursuant to section 172(b). Subpart 2 of part D, which
includes section 182 of the CAA, establishes specific requirements for
ozone nonattainment areas depending on the areas' nonattainment
classifications.
The St. Louis area was classified as marginal under subpart 2 for
the 2008 ozone NAAQS. As such, the area is subject to the subpart 1
requirements contained in section 172(c) and section 176. The area is
also subject to the subpart 2 requirements contained in section 182(a)
(marginal nonattainment area requirements). A thorough discussion of
the requirements contained in section 172(c) and 182 can be found in
the General Preamble for Implementation of Title I (57 FR 13498).
i. Subpart 1 Section 172 Requirements
As provided in subpart 2, for marginal ozone nonattainment areas
such as the St. Louis area, the specific requirements of section 182(a)
apply in lieu of the attainment planning requirements that would
otherwise apply under section 172(c), including the attainment
demonstration and reasonably available control measures (RACM) under
section 172(c)(1), reasonable further progress (RFP) under section
172(c)(2), and contingency measures under section 172(c)(9). 42 U.S.C.
7511a(a).
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. This
requirement is superseded by the inventory requirement in section
182(a)(1) discussed below.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in an
area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
anywhere in the nonattainment area. EPA approved the Illinois
nonattainment NSR program as meeting the requirements of section
172(c)(4) and 172(c)(5) on December 17, 1992 (57 FR 59928), September
27, 1995 (60 FR 49780) and May 13, 2003 (68 FR 25504). Nonetheless, EPA
has determined that, since PSD requirements will apply after
redesignation, areas being redesignated need not comply with the
requirement that a NSR program be approved prior to redesignation,
provided that the area demonstrates maintenance of the NAAQS without
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, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
Illinois has shown that the St. Louis area can demonstrate maintenance
of the standard without part D NSR in effect; therefore, EPA concludes
that the State need not have a fully approved part D NSR program prior
to approval of the redesignation request. See rulemakings for Detroit,
Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorain,
Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66
FR 53665, October 23, 2001); and Grand Rapids, Michigan (61 FR 31834-
31837, June 21, 1996). EPA delegated the authority to implement the
Federal PSD program to IEPA pursuant to 40 CFR 52.21. This delegated
PSD program will become effective in the Metro-East area upon
redesignation to attainment.
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the NAAQS. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, the Illinois SIP meets
the requirements of section 110(a)(2) for purposes of redesignation.
[[Page 57896]]
ii. Section 176 Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs and projects that are developed, funded or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other Federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
that EPA promulgated pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \6\ as not
applicable 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 conformity
rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir.
2001) (upholding this interpretation); see also 60 FR 62748 (December
7, 1995) (redesignation of Tampa, Florida).
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\6\ 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 SIPs requiring the development of Motor
Vehicle Emission Budgets (MVEBs), such as control strategy SIPs and
maintenance plans, which are discussed in section V.A, below.
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EPA approved Illinois's general conformity SIP on December 23, 1997
(62 FR 67000). Illinois does not have a Federally approved
transportation conformity SIP. However, Illinois performs conformity
analyses pursuant to EPA's Federal conformity rules. Illinois has
submitted 2030 on-road MVEBs for the Metro-East area of 9.05 tons per
day (tpd) VOC and 16.68 tpd NOX. Illinois must use these
MVEBs in any conformity determination that is effective on or after the
effective date of the maintenance plan approval.
iii. Section 182(a) Requirements
Section 182(a)(1) requires states to submit a comprehensive,
accurate, and current inventory of actual emissions from sources of VOC
and NOX emitted within the boundaries of the ozone
nonattainment area. IEPA submitted a 2011 base year emissions inventory
for the Metro-East area on September 3, 2014. EPA approved this
emissions inventory as a revision to the Illinois SIP on March 7, 2016
(81 FR 11671).
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC reasonably available control technology
(RACT) rules that were required under section 172(b)(3) prior to the
1990 CAA amendments. The Metro-East area is not subject to the section
182(a)(2) RACT ``fix up'' requirement for the 2008 ozone NAAQS because
it was designated as nonattainment for this standard after the
enactment of the 1990 CAA amendments and because Illinois complied with
this requirement for the Metro-East area under the prior 1-hour ozone
NAAQS. See 59 FR 46562 (September 9, 1994).
Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented or was required to implement a
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision for an I/M program no less
stringent than that required prior to the 1990 CAA amendments or
already in the SIP at the time of the CAA amendments, whichever is more
stringent. For the purposes of the 2008 ozone standard and IEPA's
redesignation request for this standard, the Metro-East area is not
subject to the section 182(a)(2)(B) requirement because the Metro-East
area was designated as nonattainment for the 2008 ozone standard after
the enactment of the 1990 CAA amendments.
The source permitting and offset requirements of section
182(a)(2)(C) and section 182(a)(4) are included in Illinois'
nonattainment NSR program, which EPA approved on December 17, 1992 (57
FR 59928), September 27, 1995 (60 FR 49780) and May 13, 2003 (68 FR
25504). As discussed above, Illinois has demonstrated that the Metro-
East area can demonstrate maintenance of the standard without part D
NSR in effect; therefore, EPA concludes that the state need not have a
fully approved part D NSR program prior to approval of the
redesignation request. IEPA has been delegated the authority to
implement the Federal PSD program, which will become effective in the
Metro-East area upon redesignation to attainment.
Section 182(a)(3) requires states to submit periodic emission
inventories and a revision to the SIP to require the owners or
operators of stationary sources to annually submit emission statements
documenting actual VOC and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule, Illinois will continue to
update its emissions inventory at least once every three years
consistent with the requirements of 40 CFR part 51, subpart A, and in
40 CFR 51.122. With regard to stationary source emission statements,
EPA approved the Illinois emission statement rule on May 15, 2002 (67
FR 34614), which requires certain sources in ozone nonattainment areas
to report annual VOC and NOX emissions. On May 9, 2017,
Illinois certified that this approved SIP regulation remains in place
and meets the emissions statement requirement for areas designated as
nonattainment for the 2008 ozone standard. EPA approved the Illinois
emissions statement certification SIP on July 11, 2017 (82 FR 31913).
Therefore, the Metro-East area has satisfied all applicable
requirements for purposes of redesignation under section 110 and part D
of title I of the CAA.
2. The Metro-East Area Has a Fully Approved SIP for Purposes of
Redesignation Under Section 110(k) of the CAA
At various times, Illinois has adopted and submitted, and EPA has
approved, provisions addressing the various SIP elements applicable for
the ozone NAAQS. As discussed above, EPA has fully approved the
Illinois SIP for the Metro-East area under section 110(k) for all
requirements applicable for purposes of redesignation under the 2008
ozone NAAQS. EPA may rely on prior SIP approvals in approving a
redesignation request (see the Calcagni memorandum at page 3;
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426), plus any
additional measures it may approve in conjunction with a redesignation
action (see 68 FR 25426 (May 12, 2003) and citations therein).
C. Are the air quality improvements in the St. Louis area due to
permanent and enforceable emission reductions?
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and enforceable emission reductions. Illinois has
demonstrated that the observed ozone air quality improvement in the St.
Louis area is due to permanent and
[[Page 57897]]
enforceable reductions in VOC and NOX emissions resulting
from state measures approved as part of the SIP and Federal measures.
In making this demonstration, IEPA has calculated the change in
emissions between 2011 and 2014. IEPA attributes the reduction in
emissions and corresponding improvement in air quality over this time
period to a number of regulatory control measures that have been
implemented in the St. Louis area and upwind areas in recent years. In
addition, IEPA provided an analysis to demonstrate the improvement in
air quality was not due to unusually favorable meteorology. Based on
the information summarized below, Illinois has adequately demonstrated
that the improvement in air quality is due to permanent and enforceable
emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule
(CSAPR).
CAIR created regional cap-and-trade programs to reduce sulfur
dioxide (SO2) and NOX emissions in 27 eastern
states, including Illinois, that contributed to downwind nonattainment
and maintenance of the 1997 8-hour ozone NAAQS and the 1997 fine
particulate matter (PM2.5) NAAQS. See 70 FR 25162 (May 12,
2005). EPA approved Illinois's CAIR regulations into the Illinois SIP
on October 10, 2007 (72 FR 58528). In 2008, the United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) initially
vacated CAIR, North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), but
ultimately remanded the rule to EPA without vacatur to preserve the
environmental benefits provided by CAIR, North Carolina v. EPA, 550
F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR 48208),
acting on the D.C. Circuit's remand, EPA promulgated CSAPR to replace
CAIR and to address the interstate transport of emissions contributing
to nonattainment and interfering with maintenance of the two air
quality standards covered by CAIR and the 2006 PM2.5 NAAQS.
CSAPR requires substantial reductions of SO2 and
NOX emissions from electric generating units (EGUs) in 28
states in the Eastern United States, including Illinois.
Implementation of CSAPR was scheduled to begin on January 1, 2012,
when CSAPR's cap-and-trade programs would have superseded the CAIR cap
and trade programs. Numerous parties filed petitions for review of
CSAPR, and on December 30, 2011, the D.C. Circuit issued an order
staying CSAPR pending resolution of the petitions and directing EPA to
continue to administer CAIR. EME Homer City Generation, L.P. v. EPA,
No. 11-1302 (D.C. Cir. Dec. 30, 2011), Order at 2.
On August 21, 2012, the D.C. Circuit issued its ruling, vacating
and remanding CSAPR to EPA and once again ordering continued
implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696
F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit subsequently denied EPA's
petition for rehearing en banc. EME Homer City Generation, L.P. v. EPA,
No. 11-1302, 2013 WL 656247 (D.C. Cir. Jan. 24, 2013), at *1. EPA and
other parties then petitioned the Supreme Court for a writ of
certiorari, and the Supreme Court granted the petitions on June 24,
2013. EPA v. EME Homer City Generation, L.P., 133 S. Ct. 2857 (2013).
On April 29, 2014, the Supreme Court vacated and reversed the D.C.
Circuit Court's decision regarding CSAPR, and remanded that decision to
the D.C. Circuit Court to resolve remaining issues in accordance with
its ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584
(2014). EPA moved to have the stay of CSAPR lifted in light of the
Supreme Court decision. EME Homer City Generation, L.P. v. EPA, Case
No. 11-1302, Document No. 1499505 (D.C. Cir. filed June 26, 2014). In
its motion, EPA asked the D.C. Circuit to toll CSAPR's compliance
deadlines by three years so that the Phase 1 emissions budgets applied
in 2015 and 2016 (instead of 2012 and 2013), and the Phase 2 emissions
budgets apply in 2017 and beyond (instead of 2014 and beyond). On
October 23, 2014, the D.C. Circuit granted EPA's motion and lifted the
stay of CSAPR, which was imposed on December 30, 2011. EME Homer City
Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. Oct. 23, 2014), Order
at 3. On December 3, 2014, EPA issued an interim final rule to clarify
how EPA will implement CSAPR consistent with the D.C. Circuit Court's
order granting EPA's motion requesting lifting the stay and tolling the
rule's deadlines. See 79 FR 71663 (December 3, 2014) (interim final
rulemaking). Consistent with that rule, EPA began implementing CSAPR on
January 1, 2015. EPA expects that the implementation of CSAPR will
preserve the reductions achieved by CAIR and result in additional
SO2 and NOX emission reductions throughout the
maintenance period.
b. 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. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2
motor vehicle emission standards and gasoline sulfur control
requirements. These emission control requirements result in lower VOC
and NOX emissions from new cars and light duty trucks,
including sport utility vehicles. With respect to fuels, this rule
required refiners and importers of gasoline to meet lower standards for
sulfur in gasoline, which were phased in between 2004 and 2006. By
2006, refiners were required to meet a 30 ppm average sulfur level,
with a maximum cap of 80 ppm. This reduction in fuel sulfur content
ensures the effectiveness of low emission-control technologies. The
Tier 2 tailpipe standards established in this rule were phased in for
new vehicles between 2004 and 2009. EPA estimates that, when fully
implemented, this rule will cut NOX and VOC emissions from
light-duty vehicles and light-duty trucks by approximately 76 and 28
percent, respectively. NOX and VOC reductions from medium-
duty passenger vehicles included as part of the Tier 2 vehicle program
are estimated to be approximately 37,000 and 9,500 tons per year,
respectively, when fully implemented. Some of these emission reductions
occurred by the attainment years and additional emission reductions
will occur throughout the maintenance period, as older vehicles are
replaced with newer, compliant model years.
Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for
on-highway heavy-duty diesel engines that includes standards limiting
the sulfur content of diesel fuel. Emissions standards for
NOX, VOC and PM were phased in between model years 2007 and
2010. In addition, the rule reduced the highway diesel fuel sulfur
content to 15 parts per million by 2007, leading to additional
reductions in combustion NOX and VOC emissions. EPA has
estimated future year emission reductions due to implementation of this
rule. Nationally, EPA estimated that 2015 NOX and VOC
emissions would decrease by 1,260,000 tons and 54,000 tons,
respectively. Nationally, EPA estimated that 2030 NOX and
VOC emissions will decrease by 2,570,000
[[Page 57898]]
tons and 115,000 tons, respectively. As projected by these estimates
and demonstrated in the on-road emission modeling for the St. Louis
area, some of these emission reductions occurred by the attainment
years and additional emission reductions will occur throughout the
maintenance period, as older vehicles are replaced with newer,
compliant model years.
Nonroad Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for nonroad diesel engines and sulfur
reductions in nonroad diesel fuel. This rule applies to diesel engines
used primarily in construction, agricultural, and industrial
applications. Emission standards are phased in for 2008 through 2015
model years based on engine size. The SO2 limits for nonroad
diesel fuels were phased in from 2007 through 2012. EPA estimates that
when fully implemented, compliance with this rule will cut
NOX emissions from these nonroad diesel engines by
approximately 90 percent. Some of these emission reductions occurred by
the attainment years, and additional emission reductions will occur
throughout the maintenance period as older engines are replaced with
newer, compliant model years.
Nonroad Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards were
phased in from model year 2004 through 2012. When fully implemented,
EPA estimates an overall 72 percent reduction in VOC emissions from
these engines and an 80 percent reduction in NOX emissions.
Some of these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period as older vehicles are replaced with newer, compliant model
years.
National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Reciprocating Internal Combustion Engines. On March 3, 2010 (75 FR
9648), EPA issued a rule to reduce hazardous air pollutants from
existing diesel powered stationary reciprocating internal combustion
engines, also known as compression ignition engines. Amendments to this
rule were finalized on January 14, 2013 (78 FR 6674). EPA estimated
that when this rule was fully implemented in 2013, NOX and
VOC emissions from these engines would be reduced by approximately
9,600 and 36,000 tons per year, respectively.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896), EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
applied beginning in 2011, and are expected to result in a 15 to 25
percent reduction in NOX emissions from these engines. Final
Tier 3 emission standards applied beginning in 2016 and are expected to
result in approximately an 80 percent reduction in NOX from
these engines. Some of these emission reductions occurred by the
attainment years, and additional emission reductions will occur
throughout the maintenance period as older engines are replaced with
newer, compliant model years.
c. Control Measures Specific to the Metro-East Area
VOC RACT Rules. Illinois adopted several VOC RACT rules
corresponding to the source categories covered in the Control Technique
Guideline (CTG) documents issued by EPA in 2006, 2007, and 2008.
Illinois adopted rules to control VOC emissions from the following
source categories: Industrial cleaning solvents; flat wood paneling;
flexible packaging printing lines; lithographic printing lines;
letterpress printing lines; paper, film, and foil coatings; large
appliance coatings; metal furniture coatings; miscellaneous metal and
plastic parts coatings, automobile and light-duty truck assembly
coatings; miscellaneous industrial adhesives; and, fiberglass boat
manufacturing. EPA approved these rules into the Illinois SIP on March
23, 2012 (77 FR 16940).
Illinois Administrative Code (IAC) rule 219.187 controls VOC
emissions from industrial solvent cleaning operations and required
compliance by January 1, 2012. IEPA did not quantify the emission
reductions expected from this category.
IAC rules 219.204-205, 219.207-208, 219.210-212, and 219.217-
219.219 require the control of emissions from coating operations
including flat wood paneling; large appliance coatings; metal furniture
coatings; paper, film, and foil coatings; miscellaneous metal and
plastic parts coatings; and automobile and light-duty truck assembly
coatings. Compliance with the regulations pertaining to paper, film,
and foil coatings; large appliance coatings; and metal furniture
coatings was required by May 1, 2011.\7\ IEPA estimated a 20% reduction
in VOC emissions from implementation of the paper, film and foil
coatings rule, but did not quantify emission reductions from the large
appliance coating or metal furniture coating rules. Compliance with the
regulations pertaining to flat wood paneling, miscellaneous metal and
plastic parts coatings, and automobile and light-duty truck assembly
coatings was required by May 1, 2012. IEPA estimated a 60% and 35%
reduction in VOC emissions from flat wood paneling coatings and
miscellaneous metal and plastic parts coatings, respectively, due to
the implementation of these rules. IEPA did not quantify the reduction
in VOC emissions due to the implementation of automobile and light-duty
truck assembly coatings regulations.
---------------------------------------------------------------------------
\7\ While VOC emission reductions from these source categories
may not be evident when comparing the 2011 and 2014 emission
inventories because of the regulatory compliance date, the
reductions from these permanent and enforceable requirements
occurred after the 2008-2010 time period EPA used to designate the
St. Louis area as nonattainment for the 2008 ozone standard, thus
contributing to the improvement in air quality.
---------------------------------------------------------------------------
IAC rules 219.401-404 control VOC emissions from flexible package
printing lines; 219.405-411 control VOC emissions from lithographic
printing lines; and 219.412-417 control VOC emissions from letterpress
printing lines. These rules required compliance by August 1, 2010.\8\
IEPA estimated a 25% reduction in VOC emissions from lithographic
printing lines and a 30% reduction in VOC emissions from letterpress
printing lines, but did not quantify the emission reductions expected
from flexible packaging printing lines.
---------------------------------------------------------------------------
\8\ While VOC emission reductions from these source categories
may not be evident when comparing the 2011 and 2014 emission
inventories because the regulatory compliance date occurred in 2010,
the reductions primarily occurred after the 2008-2010 time period
EPA used to designate the St. Louis area as nonattainment for the
2008 ozone standard, thus contributing to the improvement in air
quality.
---------------------------------------------------------------------------
IAC rules 219.890-894 control VOC emissions from fiberglass boat
manufacturing and required compliance by May 1, 2012. IEPA did not
identify a reduction in VOC emissions from this source category. IAC
rules 219.900-904 control VOC emissions from miscellaneous industrial
adhesives and required compliance by May 1, 2012. IEPA estimated a 40%
reduction in VOC emissions from this source category.
Consumer and Commercial Products and Architectural and Industrial
Maintenance Coatings Rules. Illinois adopted regulations to control
emissions from consumer and commercial products and architectural and
industrial maintenance coatings on June 8, 2009, and amended them to
include
[[Page 57899]]
additional product categories and emission limits on May 4, 2012.
Consumer and commercial products are regulated under IAC 223.200-285,
and architectural and industrial maintenance coatings are regulated
under IAC 223.300-370. EPA approved these rules into the Illinois SIP
on May 6, 2013 (78 FR 26258). Compliance with the original rules was
required by July 1, 2009, and compliance for the additional product
categories was required by July 1, 2012. Illinois estimated an 18%
reduction in VOC emissions from consumer and commercial products and
architectural and industrial maintenance coatings due to implementation
of these rules.
Illinois Multi Pollutant Standards (MPS) and Combined Pollutant
Standards (CPS) Rules. The Illinois MPS and CPS rules, IAC 225.233 and
225.291-296, are designed to control mercury emissions from coal-fired
electric generating units, and also control NOX emissions.
Illinois adopted these regulations on June 26, 2009, with compliance
required by January 1, 2012. These rules were approved by EPA on July
6, 2012 (77 FR 39943). IEPA estimated a 59 percent reduction in
NOX from these sources statewide from the implementation of
these rules.
2. Emission Reductions
Illinois is using the 2011 base year emissions inventory, approved
by EPA as meeting the requirements of CAA Section 182(a)(1), as the
nonattainment inventory. See 81 FR 11671 (March 7, 2016). Although
2008-2010 ozone monitoring data was used to designate the St. Louis
area as nonattainment, the area continued to monitor nonattainment in
2011; therefore, 2011 is an appropriate year to use as the
nonattainment inventory.
For the attainment inventory, Illinois is using 2014, one of the
years the St. Louis area monitored attainment of the 2008 ozone
standard. IEPA compiled point source emission information from 2014
annual emission reports submitted by sources. IEPA calculated area
source emissions primarily using an emission factor multiplied by an
activity rate (e.g., population, employment, amount of fuel burned,
etc.).\9\ IEPA calculated onroad mobile source emissions using EPA's
MOVES2014a emissions model, with vehicle miles traveled (VMT) data
provided by the Illinois Department of Transportation (IDOT). IEPA
calculated non-road mobile source emissions using EPA's MOVES2014a
emissions model, and calculated aircraft emissions using the Emissions
and Dispersion Modeling System (EDMS) model. Emissions from locomotives
were grown from the 2011 inventory. Commercial marine vessel emissions
were provided by the Lake Michigan Air Directors Consortium (LADCO).
---------------------------------------------------------------------------
\9\ The 2014 inventory included additional categories not
calculated in the 2011 inventory. These categories include oil and
gas production, oil exploration, and agricultural field burning.
While emissions from these categories may be significant state-wide,
IEPA has indicated that these emissions are very minor for the
Metro-East area.
---------------------------------------------------------------------------
Using the inventories described above, along with 2011 and 2014
emissions inventories provided by the Missouri Department of Natural
Resources (MDNR) for the Missouri portion of the St. Louis area, IEPA's
submittal documents changes in VOC and NOX emissions from
2011 to 2014. Subsequent to IEPA's submittal, Missouri submitted
corrections to its 2014 and 2030 emissions inventories for the Missouri
portion of the St. Louis area. These revisions are reflected in the
emissions data for the St. Louis area shown in Tables 2 through 5.
Table 2--St. Louis Area VOC and NOX Emissions for Nonattainment Year 2011
in Tons per Summer Day [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Illinois Missouri Area total Illinois Missouri Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 10.80 14.58 25.38 26.18 90.68 116.86
Area.................................................... 18.12 72.77 90.89 1.23 5.60 6.83
On-road................................................. 11.44 38.00 49.44 34.14 124.21 158.35
Nonroad................................................. 8.49 39.03 47.52 17.17 47.55 64.72
-----------------------------------------------------------------------------------------------
Total............................................... 48.86 164.38 213.24 78.72 268.04 346.76
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--St. Louis Area VOC and NOX Emissions for Attainment Year 2014 [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Illinois Missouri Area total Illinois Missouri Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 9.38 13.86 23.24 23.29 81.70 104.99
Area.................................................... 19.06 69.81 88.87 1.53 6.47 8.00
On-road................................................. 10.11 38.21 48.32 26.94 111.76 138.70
Nonroad................................................. 7.47 33.42 40.89 24.62 38.44 63.06
-----------------------------------------------------------------------------------------------
Total............................................... 46.02 155.30 201.32 76.38 238.37 314.75
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Change in VOC and NOX Emissions Between 2011 and 2014 for the Metro-East Area [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Net change Net change
2011 2014 (2011-2014) 2011 2014 (2011-2014)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 10.80 9.38 -1.42 26.18 23.29 -2.89
Area.................................................... 18.12 19.06 0.94 1.23 1.53 0.30
On-road................................................. 11.44 10.11 -1.33 34.14 26.94 -7.20
[[Page 57900]]
Nonroad................................................. 8.49 7.47 -1.02 17.17 24.62 7.45
-----------------------------------------------------------------------------------------------
Total............................................... 48.86 46.02 -2.84 78.72 76.38 -2.34
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5--Change in VOC and NOX Emissions Between 2011 and 2014 for the Entire St. Louis Area [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Net change Net change
2011 2014 (2011-2014) 2011 2014 (2011-2014)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 25.38 23.24 -2.14 116.86 104.99 -11.87
Area.................................................... 90.89 88.87 -2.02 6.83 8.00 1.17
On-road................................................. 49.44 48.32 -1.12 158.35 138.70 -19.65
Nonroad................................................. 47.52 40.89 -6.63 64.72 63.06 -1.66
-----------------------------------------------------------------------------------------------
Total............................................... 213.24 201.32 -11.92 346.76 314.75 -32.01
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5 shows that emissions of VOC and NOX in the St.
Louis area were reduced by 11.92 TPSD and 32.01 TPSD, respectively,
between 2011 and 2014. As shown in Table 4, the Metro-East area alone
reduced VOC and NOX emissions by 2.84 TPSD and 2.34 TPSD,
respectively, between 2011 and 2014.
As discussed above, Illinois identified numerous Federal rules and
state rules approved into the Illinois SIP that resulted in the
reduction of VOC and NOX emissions from 2011 to 2014.
Therefore, Illinois has shown that the air quality improvements in the
St. Louis area are due to permanent and enforceable emission
reductions.
3. Meteorology
To further support IEPA's demonstration that the improvement in air
quality is due to permanent and enforceable emission reductions, LADCO
performed a meteorology analysis. The analysis concluded that the
improvement in air quality was not due to favorable meteorology. LADCO
conducted a classification and regression tree (CART) analysis with
2000 through 2015 data from three Metro-East area ozone sites. The goal
of the analysis was to determine the meteorological and air quality
conditions associated with ozone episodes, and construct trends for the
days identified as sharing similar meteorological conditions.
LADCO developed regression trees for the three monitors to classify
each summer day by its ozone concentration and associated
meteorological conditions. By grouping days with similar meteorology,
the influence of meteorological variability on the underlying trend in
ozone concentrations is partially removed, and the remaining trend is
presumed to be due to trends in precursor emissions or other non-
meteorological influences. The CART analysis showed the resulting
trends in ozone concentrations declining over the period examined,
supporting the conclusion that the improvement in air quality was not
due to unusually favorable meteorology.
D. Does Illinois have a fully approvable ozone maintenance plan for the
Metro-East area?
As one of the criteria for redesignation to attainment, section
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has
a fully approved maintenance plan pursuant to section 175A of the CAA.
Section 175A of the CAA sets forth the 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 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 for an
additional 10 years beyond the initial 10 year maintenance period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, as EPA deems necessary, to
assure prompt correction of the future NAAQS violation.
The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emission inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan.
In conjunction with its request to redesignate the Metro-East area
to attainment for the 2008 ozone standard, IEPA submitted, as a SIP
revision, a plan to provide for maintenance of the 2008 ozone standard
through 2030, more than 10 years after the expected effective date of
the redesignation to attainment. As discussed below, EPA proposes to
find that the Illinois ozone maintenance plan includes the necessary
components and approve the maintenance plan as a revision to the
Illinois SIP.
1. Attainment Inventory
EPA is proposing to determine that the St. Louis area has attained
the 2008 ozone NAAQS based on monitoring data for the period of 2014-
2016. IEPA selected 2014 as the year to establish attainment emission
levels for VOC and NOX. IEPA's 2014 attainment emissions
inventory identifies the levels of emissions in the St. Louis area that
are sufficient to attain the 2008 ozone NAAQS. The basis of the
attainment year emissions was discussed above in section IV.C.2. of
this proposed rule. Additionally, the attainment level emissions, by
source category, are summarized in Table 3 above. The
[[Page 57901]]
attainment emissions inventory is consistent with the Calcagni memo.
2. Has the state documented maintenance of the ozone standard in the
St. Louis area?
Illinois has demonstrated maintenance of the 2008 ozone standard
through 2030 by ensuring that current and future emissions of VOC and
NOX for the St. Louis area remain at or below attainment
year emission levels through the use of emission inventories. A
maintenance demonstration need not be based on modeling. See Wall v.
EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. EPA, 375 F. 3d 537
(7th Cir. 2004). See also 66 FR 53094, 53099-53100 (October 19, 2001),
68 FR 25413, 25430-25432 (May 12, 2003).
Illinois is using emissions inventories for the years 2020 and 2030
to demonstrate maintenance. 2030 is more than 10 years after the
expected effective date of the redesignation to attainment, and 2020
was selected to demonstrate that emissions are not expected to increase
in the interim between the attainment year and the final maintenance
year.
To develop the 2020 and 2030 inventories, the state collected data
from the EPA's Air Emissions Modeling platform (2011v6.2) inventories
for years 2011, 2017 and 2025. For year 2020, emissions for point and
area source sectors, as well as nonroad mobile categories not
calculated by the MOVES model, were derived by interpolating between
2017 and 2025. For year 2030, emissions for point and area source
sectors, as well as nonroad mobile categories not calculated by the
MOVES model, were derived using the TREND function in Excel. Finally,
onroad and nonroad mobile source emissions were calculated for 2020 and
2030 using the MOVES2014a model. Total VMT for 2020 and 2030 were
assumed to increase at a rate of 1.012 percent per year from 2014.
Emissions data are shown in Tables 6 through 9 below.
Table 6--St. Louis Area VOC and NOX Emissions for Interim Maintenance Year 2020 [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Illinois Missouri Area total Illinois Missouri Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 9.03 14.32 23.35 16.81 88.60 105.41
Area.................................................... 18.40 68.86 87.26 1.51 16.87 18.38
Onroad.................................................. 6.38 26.64 33.02 13.22 46.42 59.64
Nonroad................................................. 5.65 28.71 34.36 18.45 28.27 46.72
-----------------------------------------------------------------------------------------------
Total............................................... 39.47 138.53 178.00 49.99 180.16 230.15
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7--St. Louis Area VOC and NOX Emissions for Maintenance Year 2030 [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-----------------------------------------------------------------------------------------------
Illinois Missouri Area total Illinois Missouri Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 8.53 14.31 22.84 16.93 93.08 110.01
Area.................................................... 18.05 68.80 86.85 1.51 13.03 14.54
Onroad.................................................. 3.75 18.42 22.17 6.70 25.57 32.27
Nonroad................................................. 5.09 30.01 35.10 11.31 29.90 41.21
-----------------------------------------------------------------------------------------------
Total............................................... 35.43 131.54 166.97 36.46 161.58 198.04
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 8--Change in VOC and NOX Emissions Between 2014 and 2030 for the Metro-East Area [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-------------------------------------------------------------------------------------------
Net change Net change
2014 2020 2030 (2014-2030) 2014 2020 2030 (2014-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................................... 9.38 9.03 8.53 -0.85 23.29 16.81 16.93 -6.36
Area........................................................ 19.06 18.40 18.05 -1.01 1.53 1.51 1.51 -0.02
Onroad...................................................... 10.11 6.38 3.75 -6.36 26.94 13.22 6.70 -20.24
Nonroad..................................................... 7.47 5.65 5.09 -2.38 24.62 18.45 11.31 -13.31
-------------------------------------------------------------------------------------------
Total................................................... 46.02 39.47 35.43 -10.59 76.38 49.99 36.46 -39.92
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 9--Change in VOC and NOX Emissions Between 2014 and 2030 for the Entire St. Louis Area [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC NOX
-------------------------------------------------------------------------------------------
Net change Net change
2014 2020 2030 (2014-2030) 2014 2020 2030 (2014-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................................... 23.24 23.35 22.84 -0.40 104.99 105.41 110.01 5.02
Area........................................................ 88.87 87.26 86.85 -2.02 8.00 18.38 14.54 6.54
Onroad...................................................... 48.32 33.02 22.17 -26.15 138.70 59.64 32.27 -106.43
Nonroad..................................................... 40.89 34.36 35.10 -5.79 63.06 46.72 41.21 -21.85
-------------------------------------------------------------------------------------------
Total................................................... 201.32 178.00 166.97 -34.35 314.75 230.15 198.04 -116.71
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 57902]]
In summary, the maintenance demonstration for the St. Louis area
shows maintenance of the 2008 ozone standard by providing emissions
information to support the demonstration that future emissions of VOC
and NOX will remain at or below 2014 emission levels when
taking into account both future source growth and implementation of
future controls. Table 9 shows VOC and NOX emissions in the
St. Louis area are projected to decrease by 34.35 TPSD and 116.71 TPSD,
respectively, between 2014 and 2030. As shown in Table 8, VOC and
NOX emissions in the Metro-East portion of the area alone
are projected to decrease by 10.59 TPSD and 39.92 TPSD, respectively,
between 2014 and 2030.
3. Continued Air Quality Monitoring
IEPA has committed to continue to monitor ozone levels according to
an EPA approved monitoring plan to ensure maintenance of the 2008 ozone
standard. Illinois remains obligated to meet monitoring requirements
and continue to quality assure monitoring data in accordance with 40
CFR part 58, and to enter all data into AQS in accordance with Federal
guidelines.
4. Verification of Continued Attainment
The State of Illinois has the legal authority to enforce and
implement the requirements of the maintenance plan for the Metro-East
area. This includes the authority to adopt, implement, and enforce any
subsequent emission control measures determined to be necessary to
correct future ozone attainment problems.
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of the area's emissions inventory. IEPA has committed to
continue monitoring ozone levels according to an EPA approved
monitoring plan. Should changes in the location of an ozone monitor
become necessary, IEPA will work with EPA to ensure the adequacy of the
monitoring network. IEPA has further committed to continue to quality
assure the monitoring data to meet the requirements of 40 CFR part 58
and enter all data into AQS in accordance with Federal guidelines.
In addition, to track future levels of emissions, IEPA will
continue to develop and submit to EPA updated emission inventories for
all source categories at least once every three years, consistent with
the requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122.
The Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA
on June 10, 2002 (67 FR 39602). The CERR was replaced by the Annual
Emissions Reporting Requirements (AERR) on December 17, 2008 (73 FR
76539). The most recent triennial inventory for Illinois was compiled
for 2014. Point source facilities covered by the Illinois emission
statement rule will continue to submit VOC and NOX emissions
on an annual basis as required by 35 Ill. Adm. Code Part 254.
5. What is the contingency plan for the St. Louis area?
Section 175A of the CAA requires that the state must adopt a
maintenance plan, as a SIP revision, that includes such contingency
measures as EPA deems necessary to assure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation of the
area to attainment of the NAAQS. The maintenance plan must identify:
The contingency measures to be considered and, if needed for
maintenance, adopted and implemented; a schedule and procedure for
adoption and implementation; 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 considered, adopted,
and implemented. The maintenance plan must include a commitment that
the state will implement all measures with respect to the control of
the pollutant that were contained in the SIP before redesignation of
the area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, Illinois has adopted a
contingency plan for the St. Louis area to address possible future
ozone air quality problems. The contingency plan adopted by Illinois
has two levels of response, Level I and Level II.
A Level I response is triggered in the event that: (1) The fourth
highest 8-hour ozone concentration at any monitoring site in the St.
Louis area exceeds 0.075 parts ppm in any year, or (2) VOC or
NOX emissions in the Metro-East area increase more than 5%
above the levels contained in the 2014 attainment year emissions
inventory. IEPA will work with the Missouri Department of Natural
Resources (MDNR) to evaluate the causes of high ozone levels or
emissions trends and to determine appropriate control measures needed
to ensure continued attainment of the ozone standard. Control measures
selected under a Level I response must be adopted within 18 months
after a determination is made and implemented within 24 months of
adoption.
A Level II response is triggered in the event that a violation of
the 2008 ozone standard is monitored within the St. Louis area. To
select appropriate corrective measures, IEPA will work with the MDNR to
conduct a comprehensive study to determine the causes of the violation
and the control measures necessary to mitigate the problem.
Implementation of necessary controls in response to a Level II trigger
must take place as expeditiously as possible, but in no event later
than 18 months after IEPA makes a determination, based on quality-
assured ambient monitoring data, that a violation of the NAAQS has
occurred.
IEPA included the following list of potential contingency measures
that could be implemented if a Level I or Level II response is
triggered:
a. Continued phasing in of Mercury and Air Toxics Standards,
Reciprocating Internal Combustion Engines NESHAP and Industrial/
Commercial/Institutional Boilers and Process Heaters NESHAP;
b. CSAPR update after promulgation by EPA;
c. NESHAP risk and technology review including: Mineral Wool
Production 40 CFR 63 subpart DDD, Ferroalloys Production 40 CFR 63
subpart XXX, Petroleum Refineries 40 CFR 63 subparts CC and UUU;
d. New Source Performance Standards--Petroleum Refineries 40 CFR
subpart Ja;
e. Broader geographic applicability of existing measures;
f. Implementation of oil and gas sector emission guidelines, once
finalized by EPA;
g. Conversion of coal-fired EGUs to natural gas and from baseload
units to intermittent units;
h. Implementation of ozone transport commission model rules for
above ground storage tanks;
i. Implementation of the Clean Power Plan, once stay is lifted;
j. Implementation of the 2017 light-duty vehicle greenhouse gas and
corporate average fuel economy standards;
k. Mobile source air toxics rule;
l. Tier 3 Vehicle emissions and fuel standards;
m. Heavy-duty vehicle greenhouse gas rules;
n. Regulations on the sale of aftermarket catalytic converters;
o. Adopting standards and limitations for organic material
emissions for area sources (consumer and commercial products and
architectural and industrial maintenance coatings rule), current
California commercial and consumer products--aerosol adhesive coatings,
dual purpose air freshener/disinfectant, etc.
[[Page 57903]]
To qualify as a contingency measure, emissions reductions from that
measure must not be factored into the emissions projections used in the
maintenance plan.
EPA has concluded that Illinois' maintenance plan adequately
addresses the five basic components of a maintenance plan: Attainment
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, and a contingency plan. In addition, as
required by section 175A(b) of the CAA, IEPA has committed to submit to
EPA an updated ozone maintenance plan eight years after redesignation
of the Metro-East area to cover an additional ten years beyond the
initial 10-year maintenance period. Thus, the maintenance plan SIP
revision submitted by IEPA meets the requirements of section 175A of
the CAA and EPA proposes to approve it as a revision to the Illinois
SIP.
V. Has Illinois adopted approvable motor vehicle emission budgets?
A. What are motor vehicle emission budgets?
Under section 176(c) of the CAA, new transportation plans,
programs, or projects that receive Federal funding or support, 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 problems, or delay timely attainment of the
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and procedures for demonstrating and
assuring conformity of transportation activities to a SIP.
Transportation conformity is a requirement for nonattainment and
maintenance areas. Maintenance areas are areas that were previously
nonattainment for a particular NAAQS, but that have been redesignated
to attainment with an approved maintenance plan for the NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas. See the SIP requirements for the 2008 ozone standard
in EPA's March 6, 2015 implementation rule (80 FR 12264). These control
strategy SIPs (including reasonable further progress plans and
attainment plans) and maintenance plans must include MVEBs for criteria
pollutants, including ozone, and their precursor pollutants (VOC and
NOX for ozone) to address pollution from onroad
transportation sources. The MVEBs are the portion of the total
allowable emissions that are allocated to highway and transit vehicle
use that, together with emissions from other sources in the area, will
provide for attainment or maintenance. See 40 CFR 93.101.
Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment must be established, at minimum, for the last year of the
maintenance plan. A state may adopt MVEBs for other years as well. The
MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB concept is further explained in the
preamble to the November 24, 1993, Transportation Conformity Rule (58
FR 62188). The preamble also describes how to establish the MVEB in the
SIP and how to revise the MVEB, if needed, subsequent to initially
establishing a MVEB in the SIP.
B. What is the status of EPA's adequacy determination for the proposed
VOC and NOX MVEBs for the Metro-East area?
When reviewing submitted control strategy SIPs or maintenance plans
containing MVEBs, EPA must affirmatively find that the MVEBs contained
therein are adequate for use in determining transportation conformity.
Once EPA affirmatively finds that the submitted MVEBs are adequate for
transportation 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 adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission;
provision for a public comment period; and EPA's adequacy
determination. This process for determining the adequacy of submitted
MVEBs for transportation conformity purposes was initially outlined in
EPA's May 14, 1999 guidance, ``Conformity Guidance on Implementation of
March 2, 1999, Conformity Court Decision.'' EPA adopted regulations to
codify the adequacy process in the Transportation Conformity Rule
Amendments for the ``New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule Amendments--Response to Court
Decision and Additional Rule Change,'' on July 1, 2004 (69 FR 40004).
Additional information on the adequacy process for transportation
conformity purposes is available in the proposed rule titled,
``Transportation Conformity Rule Amendments: Response to Court Decision
and Additional Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, IEPA's maintenance plan includes VOC and
NOX MVEBs for the Metro-East area for 2030, the last year of
the maintenance period. EPA reviewed the VOC and NOX MVEBs
in accordance with the adequacy process. IEPA's May 8, 2017,
maintenance plan SIP submission, including the VOC and NOX
MVEBs for the Metro-East area, was open for public comment on EPA's
adequacy Web site on August 21, 2017, at: https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity.
The EPA public comment period on adequacy of the 2030 MVEBs for the
Metro-East area closed on September 20, 2017. No comments on the
submittal were received during the adequacy comment period. The
submitted maintenance plan, which included the MVEBs, was endorsed by
the Governor (or his or her designee) and was subject to a state public
hearing. The MVEBs were developed as part of an interagency
consultation process which includes Federal, state, and local agencies.
Additionally, the MVEBs were clearly identified and precisely
quantified. These MVEBs, when considered together with all other
emissions sources, are consistent with maintenance of the 2008 ozone
standard.
Table 10--MVEBs for the Metro-East Area [TPSD]
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Attainment year 2014 on- 2030 estimated on-road 2030 mobile safety
road emissions emissions margin allocation 2030 MVEBs
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VOC............................................. 10.11 3.75 5.30 9.05
[[Page 57904]]
NOX............................................. 26.94 6.70 9.98 16.68
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As shown in Table 10, the 2030 MVEBs exceed the estimated 2030 on-
road sector emissions. In an effort to accommodate future variations in
travel demand models and vehicle miles traveled forecast, IEPA
allocated a portion of the safety margin (described further below) to
the mobile sector. Illinois has demonstrated that the St. Louis area
can maintain the 2008 ozone NAAQS with mobile source emissions in the
Metro-East portion of the area of 9.05 TPSD of VOC and 16.68 TPSD of
NOX in 2030. This is because emissions will remain under
attainment year emission levels despite partial allocation of the
safety margin. Based on this analysis, the St. Louis area should
maintain attainment of the 2008 ozone NAAQS for the relevant
maintenance period with mobile source emissions at the levels of the
MVEBs.
Therefore, EPA has found that the MVEBs are adequate and is
proposing to approve the MVEBs for use in determining transportation
conformity in the Metro-East portion of the St. Louis area.
C. What is a safety margin and how did Illinois allocate it?
EPA's transportation conformity regulations allow for the use of a
safety margin in the development of MVEBs for maintenance plans. A
``safety margin'' is the difference between the attainment level of
emissions (from all sources) and the projected level of emissions (from
all sources) in the maintenance plan. As noted in Table 8, the
emissions in the Metro-East area are projected to have safety margins
of 10.59 TPSD for VOC and 39.92 TPSD for NOX in 2030 (the
difference between the attainment year, 2014, emissions and the
projected 2030 emissions for all sources in the Metro-East area). Even
if emissions reached the full level of the safety margin, the counties
would still demonstrate maintenance because emission levels would equal
those in the attainment year.
As shown in Table 10 above, Illinois is allocating a portion of
that safety margin to the mobile source sector. Specifically, in 2030,
Illinois is allocating 5.30 TPSD and 9.98 TPSD of the VOC and
NOX safety margins, respectively. IEPA is not requesting
allocation of the entire available safety margins reflected in the
demonstration of maintenance. Therefore, even though the State is
requesting MVEBs that exceed the projected onroad mobile source
emissions for 2030 contained in the demonstration of maintenance, the
increase in onroad mobile source emissions that can be considered for
transportation conformity purposes is well within the safety margins of
the ozone maintenance demonstration. Further, once allocated to mobile
sources, these safety margins will not be available for use by other
sources. Thus, IEPA continues to demonstrate maintenance of the 2008
ozone standard despite IEPA's allocation of part of the safety margin
to the mobile source sector.
VI. Proposed Actions
EPA is proposing to determine that the St. Louis nonattainment area
is attaining the 2008 ozone standard, based on quality-assured and
certified monitoring data for 2014-2016 and that the Metro-East portion
of this area has met the requirements for redesignation under section
107(d)(3)(E) of the CAA. EPA is thus proposing to approve IEPA's
request to change the legal designation of the Metro-East portion of
the St. Louis area from nonattainment to attainment for the 2008 ozone
standard. EPA is also proposing to approve, as a revision to the
Illinois SIP, the state's maintenance plan for the area. The
maintenance plan is designed to keep the St. Louis area in attainment
of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and
is proposing to approve the newly-established 2030 MVEBs for the Metro-
East area.
VII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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
[[Page 57905]]
practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
Dated: November 17, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-26419 Filed 12-7-17; 8:45 am]
BILLING CODE 6560-50-P
