Air Plan Approval; Illinois; Redesignation of the Illinois Portion of the St. Louis Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 10461-10469 [2019-05285]
Download as PDF
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules
amozie on DSK9F9SC42PROD with PROPOSALS
of Management and Budget under
Executive Order 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 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule does
not have tribal implications as specified
by Executive Order 13175, because the
SIP is not approved to apply in Indian
country located in the state, and EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law. Thus, Executive
Order 13175 does not apply to this
action.
List of Subjects 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen Dioxide,
Intergovernmental Relations, Ozone,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
VerDate Sep<11>2014
17:18 Mar 20, 2019
Jkt 247001
Dated: March 9, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2019–04781 Filed 3–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2018–0842; FRL–9991–11–
Region 5]
Air Plan Approval; Illinois;
Redesignation of the Illinois Portion of
the St. Louis Area to Attainment of the
1997 Annual Standard for Fine
Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On December 6, 2018, the
Illinois Environmental Protection
Agency (Illinois) submitted a request for
the Environmental Protection Agency
(EPA) to redesignate the Illinois portion
of the St. Louis, MO–IL nonattainment
area (hereafter, ‘‘St. Louis area’’) to
attainment for the 1997 fine particulate
matter (PM2.5) annual national ambient
air quality standard (NAAQS or
standard). The Illinois portion of the St.
Louis area includes Madison, Monroe,
and St. Clair counties, and Baldwin
Township in Randolph County. EPA is
taking this action because it has
determined that the St. Louis area is
attaining the annual 1997 PM2.5
standard based on the most recent three
years of certified air quality data. EPA
is also proposing to approve a revision
to the Illinois state implementation plan
(SIP) for maintaining the 1997 annual
PM2.5 NAAQS through 2030. Illinois’
maintenance plan submission includes
an updated emission inventory, which
includes emission inventories for PM2.5,
NOX, volatile organic compounds
(VOCs) and ammonia. The maintenance
plan submission also includes motor
vehicle emission budgets (MVEBs) for
the mobile source contribution of PM2.5
and nitrogen oxides (NOX) to the St.
Louis PM2.5 area for transportation
conformity purposes. EPA is proposing
to approve and update both the
emissions inventory and MVEBs. EPA is
proposing to take these actions in
accordance with the Clean Air Act
(CAA) and EPA’s SIP rules regarding the
1997 PM2.5 NAAQS.
DATES: Comments must be received on
or before April 22, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0842 at https://
SUMMARY:
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
10461
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
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:
Michelle Becker, Life Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3901,
Becker.Michelle@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 actions are EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to
attainment?
IV. What is EPA’s analysis of the state’s
request?
1. Attainment Determination (Section
107(d)(3)(E)(i)).
2. Section 110 and Part D Requirements,
and Approval SIP under Section 110(k)
(Section 107(d)(3)(E)(ii) and (v)).
3. Permanent and Enforceable Reductions
in Emissions (Section 107(d)(3)(E)(iii)).
4. Maintenance Plan Pursuant to Section
175A of the CAA (Section
107(d)(3)(E)(iv)).
5. Motor Vehicle Emissions Budget
(MVEBs) for PM2.5 and NOX, and Safety
Margin for the St. Louis Area.
6. Comprehensive Emissions Inventory for
the St. Louis Area
V. What are the effects of EPA’s actions?
VI. Statutory and Executive Order Reviews.
E:\FR\FM\21MRP1.SGM
21MRP1
10462
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules
I. What actions are EPA taking?
EPA is proposing to take several
actions related to the redesignation of
the St. Louis area to attainment of the
1997 annual PM2.5 NAAQS. EPA is
proposing to determine that the St.
Louis area has attained the 1997 annual
PM2.5 NAAQS based on quality-assured,
certified 2015–2017 air quality data.
EPA is proposing to grant the request to
redesignate the St. Louis area to
attainment of the 1997 annual PM2.5
NAAQS.
EPA proposes to find that Illinois’
PM2.5 maintenance plan meets the
requirements of section 175A of the
CAA and is proposing to approve
Illinois’ PM2.5 maintenance plan for the
1997 annual PM2.5 NAAQS for the St.
Louis area as a revision to the Illinois
SIP. The PM2.5 maintenance plan
provides for the maintenance of the
1997 annual PM2.5 NAAQS in the St.
Louis area through 2030.
EPA is also proposing to approve
Illinois’ 2008 and 2030 MVEBs for the
St. Louis area.
Finally, EPA is proposing to approve
Illinois’ 2008 primary PM2.5, NOX,
sulfur dioxide (SO2), VOC, and
ammonia (NH3) emission inventories for
the St. Louis area as satisfying the
requirement of section 172(c)(3) of the
CAA for a current, accurate, and
comprehensive emission inventory.
II. What is the background for these
actions?
On July 18, 1997, EPA promulgated
the first primary annual PM2.5 NAAQS
to provide increased protection of
public health from fine particle
pollution (62 FR 38652). In that action,
EPA promulgated an annual standard at
a level of 15 micrograms per cubic meter
(mg/m3) of ambient air, based on a threeyear average of the annual mean PM2.5
concentrations at each monitoring site.
On January 5, 2005, EPA published air
quality area designations for the 1997
annual PM2.5 standard based on air
quality data for calendar years 2001–
2003 (70 FR 944). In that rulemaking,
EPA designated the St. Louis area,
which includes Madison, Monroe, and
St. Clair counties, and Baldwin
Township in Randolph county in
Illinois, as nonattainment for the 1997
annual PM2.5 standard.
III. What are the criteria for
redesignation to attainment?
The CAA sets forth criteria for
redesignating a nonattainment area to
attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation provided that: (1) The
Administrator determines that the area
has attained the applicable NAAQS
based on current air quality data; (2) the
Administrator has fully approved an
applicable SIP for the area under section
110(k) of the CAA; (3) the Administrator
determines that the improvement in air
quality is due to permanent and
enforceable emission reductions
resulting from implementation of the
applicable SIP, Federal air pollution
control regulations, and other
permanent and enforceable emission
reductions; (4) the Administrator has
fully approved a maintenance plan for
the area 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
purposes of redesignation under section
110 and part D of subchapter I of the
CAA.
IV. What is EPA’s analysis of the state’s
request?
EPA is proposing to redesignate the
St. Louis area to attainment of the 1997
annual PM2.5 NAAQS and to approve
updates to the Illinois maintenance plan
including MVEBs and emissions
inventory for the area. The rationale for
these proposed actions follows.
1. Attainment Determination (Section
107(d)(3)(E)(i))
To redesignate an area from
nonattainment to attainment, the CAA
requires EPA to determine that the area
has attained the applicable NAAQS
(CAA section 107(d)(3)(E)(i)). For PM2.5,
an area is attaining the 1997 annual
PM2.5 NAAQS if it meets the standard,
as determined in accordance with 40
CFR 50.13 and part 50, appendix N,
based on three complete, consecutive
calendar years of quality-assured air
quality monitoring data. To attain the
1997 annual PM2.5 NAAQS, the 3-year
average of the annual arithmetic mean
concentration, as determined in
accordance with 40 CFR part 50,
appendix N, must be less than or equal
to 15.0 mg/m3 at all relevant monitoring
sites in the subject area over a 3-year
period. The relevant data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System
(AQS) database. The monitors generally
should have remained at the same
location for the duration of the
monitoring period required for
demonstrating attainment.
EPA reviewed the certified, qualityassured/quality-controlled PM2.5
monitoring data from the St. Louis area
for the 1997 annual PM2.5 NAAQS from
2015–2017 and determined that the
design value for the area is less than the
standard of 15.0 mg/m3 for that period.
The PM2.5 design values for monitors
with complete data are summarized in
Table 1:
TABLE 1—MONITORING DATA FOR THE ST. LOUIS AREA FOR 2015–2017 1997 ANNUAL PM2.5 STANDARD (μg/m 3)
Year
State
City/county
2015
amozie on DSK9F9SC42PROD with PROPOSALS
Average
Site
Illinois .........................
Illinois .........................
Illinois .........................
Illinois .........................
Illinois .........................
Missouri ......................
Missouri ......................
Madison .......................................
Madison .......................................
Madison .......................................
Randolph .....................................
St. Claire .....................................
St. Louis City ...............................
St. Louis City ...............................
Missouri ......................
Missouri ......................
Missouri ......................
St. Louis City ...............................
St. Louis County ..........................
Jefferson ......................................
Alton
Wood River
Granite City
Houston
East St. Louis
Blair Street
South
Broadway
Forest Park
Ladue
Arnold West
2016
2017
2015–2017
9.0
9.1
10.4
7.9
10.7
10.4
11.1
8.8
8.7
9.1
8.0
10.0
8.5
8.1
8.7
8.3
9.6
9.6*
8.8
7.9
7.8
8.8
8.7
9.7
8.5
9.8
8.9
9.0
9.2
10.3
11.6
8.7
8.7
8.3
8.3
9.4
8.2
8.7
9.5
9.3
* data completeness requirements met by substituting data from a secondary monitor resulting in a valid design value (83 FR 66631).
Pursuant to section 179(c) of the CAA,
EPA is proposing to determine that the
VerDate Sep<11>2014
17:18 Mar 20, 2019
Jkt 247001
St. Louis area is attaining the 1997
annual PM2.5 NAAQS. This proposed
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
determination is based upon complete,
quality-assured, and certified ambient
E:\FR\FM\21MRP1.SGM
21MRP1
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules
air monitoring data for the 2015–2017
monitoring period that show the area
has monitored attainment of 1997
annual PM2.5 NAAQS.
2. Section 110 and Part D Requirements,
and Approval SIP under Section 110(k)
(Section 107(d)(3)(E)(ii) and (v))
EPA is proposing to find that Illinois
has met all currently applicable SIP
requirements for purposes of
redesignation for the St. Louis area
under section 110 of the CAA (general
SIP requirements), and the planning
requirements in part D of subchapter I
of the CAA (part D). We are proposing
to find that all applicable requirements
of the Illinois SIP, for purposes of
redesignation, have been implemented,
in accordance with section
107(d)(3)(E)(ii) and 107(d)(3)(E)(v) of the
CAA. As discussed below, in this
section, EPA is proposing to approve
Illinois’ 2008 emissions inventory as
meeting the section 172(C)(3)
requirement for a comprehensive
emissions inventory.
In making these proposed
determinations, we have ascertained
which SIP requirements are applicable
for purposes of redesignation, have
concluded that there are SIP measures
meeting these requirements, and that
they are approved or will be approved
by the time of final rulemaking on the
State’s PM2.5 redesignation request.
a. Illinois has met all Applicable
Requirements for Purposes of
Redesignation of the St. Louis Area
Under Section 110 and Part D of the
CAA
amozie on DSK9F9SC42PROD with PROPOSALS
i. Section 110 General SIP Requirements
Section 110(a) of title I of the CAA
contains the general requirements for a
SIP. Section 110(a)(2) provides that the
implementation plan submitted by a
state must have been adopted by the
state after reasonable public notice and
hearing, and, among other things, must
include enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; provide
for establishment and operation of
appropriate devices, methods, systems,
and procedures necessary to monitor
ambient air quality; provide for
implementation of a source permit
program to regulate the modification
and construction of any stationary
source within the areas covered by the
plan; include provisions for the
implementation of part C, Prevention of
Significant Deterioration (PSD) and part
D, New Source Review (NSR) permit
programs; include criteria for stationary
source emission control measures,
VerDate Sep<11>2014
17:18 Mar 20, 2019
Jkt 247001
monitoring, and reporting; include
provisions for air quality modeling; and
provide for public and local agency
participation in planning and emission
control rule development. Section
110(a)(2)(D) of the CAA requires that
SIPs contain measures to prevent
sources in a state from significantly
contributing to air quality problems in
another state.
EPA interprets the ‘‘applicable’’
requirements for an area’s redesignation
to be those requirements linked with
that area’s nonattainment designation.
Therefore, we believe that the section
110 elements described above that are
not connected with nonattainment plan
submissions and not linked with an
area’s attainment status, such as the
‘‘infrastructure SIP’’ elements of section
110(a)(2), are not applicable
requirements for purposes of the
redesignation. A state remains subject to
these requirements after an area is
redesignated to attainment, and thus
EPA does not interpret such
requirements to be relevant applicable
requirements to evaluate in a
redesignation. For example, the
requirement to submit state plans
addressing interstate transport
obligations under section
110(a)(2)(D)(i)(I) continue to apply to a
state regardless of the designation of any
particular area in the state, and thus are
not applicable requirements to be
evaluated in the redesignation context.
EPA has applied this interpretation
consistently in many redesignations for
decades. See, e.g., 81 FR 44210 (July 7,
2016) (final redesignation for the
Sullivan county, Tennessee area); 79 FR
43655 (July 28, 2014) (final
redesignation for Bellefontaine, Ohio
lead nonattainment area); 61 FR 53174–
53176 (October 10, 1996) and 62 FR
24826 (May 7, 1997) (proposed and final
redesignation for Reading, Pennsylvania
ozone nonattainment area); 61 FR 20458
(May 7, 1996) (final redesignation for
Cleveland-Akron-Lorain, Ohio ozone
nonattainment area); and 60 FR 62748
(December 7, 1995) (final redesignation
of Tampa, Florida ozone nonattainment
area). See also 65 FR 37879, 37890 (June
19, 2000) (discussing this issue in final
redesignation of Cincinnati, Ohio 1-hour
ozone nonattainment area); and 66 FR
50399 (October 19, 2001) (final
redesignation of Pittsburgh,
Pennsylvania 1-hour ozone
nonattainment area).
We have reviewed the Illinois SIP and
determined that it meets the general SIP
requirements under section 110 of the
CAA to the extent they are applicable
for purposes of redesignation. EPA has
previously approved provisions of
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
10463
Illinois’ SIP addressing section 110
requirements at 40 CFR 52.720.
ii. Part D Requirements
EPA has determined that, upon
approval of the base year emissions
inventories discussed in section IV.6 of
this rulemaking, the Illinois SIP will
meet the SIP requirements for the St.
Louis area applicable for purposes of
redesignation under part D of the CAA.
Subpart 1 of part D, found in sections
172–176 of the CAA, sets forth the basic
nonattainment requirements applicable
to all nonattainment areas. Subpart 4 of
part D, found in section 189 of the CAA,
sets forth nonattainment requirements
applicable for particulate matter
nonattainment areas.
(1) Section 172 Requirements
Section 172(c) sets out general
nonattainment plan requirements. A
thorough discussion of these
requirements can be found in the
General Preamble for Implementation of
Title I (57 FR 13498, April 16, 1992)
(‘‘General Preamble’’). EPA’s
longstanding interpretation of the
nonattainment planning requirements of
section 172 is that once an area is
attaining the NAAQS, those
requirements are not ‘‘applicable’’ for
purposes of CAA section 107(d)(3)(E)(ii)
and therefore need not be approved into
the SIP before EPA can redesignate the
area. In the General Preamble, EPA set
forth its interpretation of applicable
requirements for purposes of evaluating
redesignation requests when an area is
attaining a standard. See 57 FR 13564.
EPA noted that the requirements for
reasonable further progress (RFP) and
other measures designed to provide for
an area’s attainment do not apply in
evaluating redesignation requests
because those nonattainment planning
requirements ‘‘have no meaning’’ for an
area that has already attained the
standard. Id. This interpretation was
also set forth in the Calcagni
Memorandum.1
EPA’s long-standing interpretation
regarding the applicability of section
172(c)’s attainment planning
requirements for an area that is attaining
a NAAQS applies in this redesignation
of the St. Louis area 1997 annual PM2.5
nonattainment area as well.
As noted above, the remaining section
172(c) ‘‘attainment planning’’
requirements are not applicable for
purposes of evaluating the state’s
redesignation request. Specifically,
these are the reasonably available
1 September 4, 1992 Memorandum from John
Calcagni, Director, Air Quality Management
Division (EPA), entitled, ‘‘Procedures for Processing
Requests to Redesignate Areas to Attainment.’’
E:\FR\FM\21MRP1.SGM
21MRP1
amozie on DSK9F9SC42PROD with PROPOSALS
10464
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules
control measures (RACM) requirement
under section 172(c)(1), which requires
the plans for all nonattainment areas to
provide for the implementation of all
RACM as expeditiously as practicable
and to provide for attainment of the
primary NAAQS; the RFP requirement
under section 172(c)(2), which is
defined as progress that must be made
toward attainment; the requirement to
submit section 172(c)(9) contingency
measures, which are measures to be
taken if the area fails to make reasonable
further progress to attainment; and the
section 172(c)(6) requirement that the
SIP contain control measures necessary
to provide for attainment of the
standard. These requirements are not
applicable in evaluating Illinois’
redesignation request because the St.
Louis area has monitored attainment of
the 1997 annual standard prior to the
required attainment date of April 5,
2010, as promulgated in the Clean Data
Determination published July 27, 2012
(77 FR 38183).
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate and current inventory of actual
emissions. Illinois submitted a 2008
base year emissions inventory as part of
their PM2.5 attainment demonstration on
December 6, 2018 and requested that the
2008 inventories be used as the most
accurate and current inventory. As
discussed below in section IV.6, EPA is
proposing to approve Illinois’ 2008
emissions inventory as meeting the
section 172(c)(3) emission inventory
requirement for the St. Louis area.
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) and 189(a)(1)(A)
requires source permits for the
construction and operation of new and
modified major stationary sources
anywhere in the nonattainment area.
EPA approved the current Illinois NSR
program for PM2.5 on May 13, 2003 (68
FR 25504). In addition, the state’s
maintenance plan does not rely on
nonattainment NSR, therefore having a
fully approved NSR program is not an
applicable requirement; nonetheless, we
have approved the state’s program.2
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, we
find that the Illinois SIP meets the
section 110(a)(2) applicable
2 A 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.’’
VerDate Sep<11>2014
17:18 Mar 20, 2019
Jkt 247001
requirements for purposes of
redesignation.
(2) Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that Federallysupported or funded activities,
including highway projects, conform to
the air quality planning goals in the
applicable SIPs. The requirement to
determine conformity applies to
transportation plans, programs and
projects developed, funded or approved
under Title 23 of the U.S. Code and the
Federal Transit Act (transportation
conformity) as well as to all other
Federally-supported or funded projects
(general conformity). State
transportation conformity regulations
must be consistent with Federal
conformity regulations relating to
consultation, enforcement, and
enforceability, which EPA promulgated
pursuant to CAA requirements.
EPA approved Illinois’ transportation
conformity SIPs on December 23, 1997
(62 FR 67000). In April 2010, EPA
promulgated changes to 40 CFR 51.851,
eliminating the requirement for states to
maintain a general conformity SIP. EPA
confirms that Illinois has met the
applicable conformity requirements
under section 176.
b. Illinois Has a Fully Approved
Applicable SIP Under Section 110(k) of
the CAA
Upon final approval of Illinois’
comprehensive 2008 emissions
inventories, EPA will have fully
approved the Illinois SIP for the St.
Louis area under section 110(k) of the
CAA for all requirements applicable for
purposes of redesignation. EPA may rely
on prior SIP approvals in approving a
redesignation request (See page 3 of the
Calcagni memorandum; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–90 (6th Cir.
1998); Wall v. EPA, 265 F.3d 426 (6th
Cir. 2001)) plus any additional measures
it may approve in conjunction with a
redesignation action. See 68 FR 25413,
25426 (May 12, 2003). Since the passage
of the CAA of 1970, Illinois has adopted
and submitted, and EPA has fully
approved, provisions addressing various
required SIP elements under particulate
matter standards. In this action, EPA is
proposing to approve Illinois’ 2008
comprehensive emissions inventories
for the St. Louis area as meeting the
requirement of section 172(c)(3) of the
CAA. No St. Louis area SIP provisions
are currently disapproved, conditionally
approved, or partially approved.
Therefore, EPA has fully approved the
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
applicable requirements for the St.
Louis area under section 110(k) in
accordance with section 107(d)(3)(E)(ii).
3. Permanent and Enforceable
Reductions in Emissions (Section
107(d)(3)(E)(iii))
EPA finds that Illinois has
demonstrated that the observed air
quality improvement in the St. Louis
area is due to permanent and
enforceable reductions from Federal
measures. In making this demonstration,
Illinois has calculated the change in
emissions between 2002, one of the
years the St. Louis area was monitoring
nonattainment, and 2008, one of the
years the St. Louis area monitored
attainment. The reduction in emissions
and the corresponding improvement in
air quality over this period can be
attributed to several regulatory control
measures that the St. Louis and
contributing areas have implemented in
recent years.
a. Permanent and Enforceable Controls
Implemented
The following is a discussion of
permanent and enforceable measures
that have been implemented in the area:
i. Federal Emission Control Measures
Reductions in directly emitted fine
particles and fine particle precursor
emissions have occurred statewide and
in upwind areas because of Federal
emission control measures, with
additional emission reductions expected
to occur in the future. Federal emission
control measures include the following:
Tier 2 Emission Standards for
Vehicles and Gasoline Sulfur Standards.
These emission control requirements
result in lower NOX and SO2 emissions
from new cars and light duty trucks,
including sport utility vehicles. The
Federal rules were phased in between
2004 and 2009. EPA has estimated that,
by the end of the phase-in period, new
vehicles will emit less NOX with the
following percentage decreases:
Passenger cars (light duty vehicles)—
77%; light duty trucks, minivans and
sports utility vehicles—86%; and, larger
sports utility vehicles, vans and heavier
trucks—69% to 95%. EPA expects fleetwide average emissions to decline by
similar percentages as new vehicles
replace older vehicles. The Tier 2
standards also reduced the sulfur
content of gasoline to 30 parts per
million (ppm) beginning in January
2006, reducing both directly emitted
sulfates and the precursor SO2.
Heavy-Duty Diesel Engine Rule. EPA
issued this rule in July 2000. This rule
includes standards limiting the sulfur
content of diesel fuel, which went into
E:\FR\FM\21MRP1.SGM
21MRP1
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules
effect in 2004. A second phase took
effect in 2007 which reduced fine
particle emissions from heavy-duty
highway engines and further reduced
the highway diesel fuel sulfur content to
15 ppm. The total program is estimated
to achieve a 90% reduction in direct
PM2.5 emissions and a 95% reduction in
NOX emissions for these new engines
using low sulfur diesel, compared to
existing engines using higher sulfur
content diesel. The reduction in fuel
sulfur content also yielded an
immediate reduction in sulfate particle
emissions from all diesel vehicles.
Nonroad Diesel Rule. In May 2004,
EPA promulgated a rule for large
nonroad diesel engines, such as those
used in construction, agriculture and
mining equipment, that was phased in
between 2008 and 2014. The rule also
reduces the sulfur content in nonroad
diesel fuel by over 99%. Prior to 2006,
nonroad diesel fuel averaged
approximately 3,400 ppm sulfur. This
rule limited nonroad diesel sulfur
content to 500 ppm by 2006, with a
further reduction to 15 ppm by 2010.
The combined engine and fuel rules will
reduce NOX and PM2.5 emissions from
large nonroad diesel engines by over
90%, compared to current nonroad
engines using higher sulfur content
diesel. It is estimated that compliance
with this rule will cut NOX emissions
from nonroad diesel engines by up to
90%. This rule achieved some emission
reductions by 2008 and was fully
implemented by 2010. The reduction in
fuel sulfur content also yielded an
immediate reduction in sulfate particle
emissions from all diesel vehicles.
Nonroad Large Spark-Ignition Engine
and Recreational Engine Standards. In
November 2002, EPA promulgated
emission standards for groups of
previously unregulated nonroad
engines. These engines include large
spark-ignition engines such as those
used in forklifts and airport groundservice equipment; recreational vehicles
using spark-ignition engines such as offhighway motorcycles, all-terrain
vehicles and snowmobiles; and
recreational marine diesel engines.
Emission standards from large sparkignition engines were implemented in
two tiers, with Tier 1 starting in 2004
and Tier 2 in 2007. Recreational vehicle
emission standards were phased in from
2006 through 2012. Marine diesel
engine standards were phased in from
2006 through 2009. With full
implementation of the entire nonroad
spark-ignition engine and recreational
engine standards, an 80% reduction in
NOX is expected by 2020. Most of these
emission reductions occurred by the
2015–2017 period used to demonstrate
attainment, but additional emission
reductions will occur during the
maintenance period.
ii. Control Measures in Contributing
Areas
NOX SIP Call. On October 27, 1998
(63 FR 57356), EPA issued a NOX SIP
Call requiring the District of Columbia
and 22 states (including Illinois and
Missouri) to reduce emissions of NOX.
Affected states were required to comply
with Phase I of the SIP Call beginning
in 2004, and Phase II beginning in 2007.
Emission reductions resulting from
regulations developed in response to the
NOX SIP Call are permanent and
enforceable.
Clean Air Interstate Rule (CAIR). On
March 10, 2004, EPA promulgated the
CAIR. The CAIR required Electric
Generating Units (EGUs) in 28 eastern
states and the District of Columbia to
significantly reduce emissions of NOX
and SO2. On July 6, 2011, EPA finalized
Cross-State Air Pollution Rule (CSAPR)
as a replacement for CAIR. CSAPR
became effective on January 1, 2015, for
SO2 and annual NOX, and May 1, 2015,
for ozone season NOX. EPA estimated
CSAPR will reduce EGU SO2 emissions
by 73% and NOX emissions by 54%
from 2005 levels in the CSAPR region,
which includes Illinois.
On September 7, 2016, EPA
promulgated an update to CSAPR that
will bring even greater reductions in
NOX emissions. EPA estimated that the
CSAPR update and other changes
already underway in the power sector
will cut ozone season NOX emissions
from power plants in the eastern United
10465
States by 20%, resulting in a reduction
of 80,000 tons in 2017 compared to 2015
levels.
iii. Consent Decrees
Air quality in the Illinois portion of
the nonattainment area has benefited
from implementation of state point
source NOX controls and other emission
controls targeting PM2.5 precursors.
Federally-initiated litigation resulting in
emission-reducing consent decrees with
local industry include the
ConocoPhillips Global Refinery
Settlement (filed January 27, 2005, U.S.
District Court for the Southern District
in Texas), which provided for
installation (no later than December 31,
2009) of low-NOX burners and ultra-low
NOX burners on combustion units at its
‘‘Distilling West’’ operations (Roxana,
IL, refinery), as well as reductions of
SO2, particulate matter, and NOX from
process operations. A settlement
reached with Dynegy Midwest
Generation (USA v. IL Power Co., et al.
3:99–cv–833 Consent Decree, March
2005, U.S. District Court for the
Southern District of Illinois) included
the requirements to ‘‘commence
operation of the SCRs [selective
catalytic reduction systems] installed at
Baldwin Unit 1, Unit 2 . . . so as to
achieve and maintain a 30-day rolling
average emission rate from each such
unit of not greater than 0.100 lb/mmBtu
NOX’’ and ‘‘maintain a 30-day rolling
average emission rate of not greater than
0.120 lb/mmBtu NOX at Baldwin Unit
3.’’ Within this same timeframe, the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Integrated Iron and Steel Manufacturing
Facilities was amended on July 13,
2006, affecting emission limits from the
blast furnaces and Basic Oxygen
Furnace shop at the U.S. Steel facility in
Granite City, Illinois. The control
measures and emission reductions
resulting from this federal rulemaking
and consent agreements continue to be
permanent and enforceable.
The emissions reductions resulting
from these control measures are in Table
2.
TABLE 2—2002 AND 2008 EMISSIONS TOTALS FOR THE ST. LOUIS 1997 ANNUAL PM2.5 NAAQS
[Tons/year]
amozie on DSK9F9SC42PROD with PROPOSALS
Pollutant
2002
PM2.5 ..........................................................................................................................
NOX ............................................................................................................................
SO2 ............................................................................................................................
VOC ...........................................................................................................................
NH3 ............................................................................................................................
VerDate Sep<11>2014
17:18 Mar 20, 2019
Jkt 247001
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
2008
10,950.60
61,860.58
55,940.09
40,697.69
4,418.65
E:\FR\FM\21MRP1.SGM
8,136.98
44,722.08
50,557.33
21,753.04
3,873.19
21MRP1
Difference
¥2,813.62
¥17,138.50
¥5,382.76
¥18,944.65
¥545.46
10466
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules
4. Maintenance Plan Pursuant to
Section 175A of the CAA (Section
107(d)(3)(E)(iv))
In conjunction with the request to
redesignate the St. Louis nonattainment
area to attainment status, Illinois has
submitted a SIP revision to provide for
maintenance of the 1997 annual PM2.5
NAAQS in the area through 2030.
a. What is required in a maintenance
plan?
amozie on DSK9F9SC42PROD with PROPOSALS
Section 175A of the CAA sets forth
the required elements of a maintenance
plan for areas seeking redesignation
from nonattainment to attainment.
Under section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least ten
years after EPA approves a
redesignation to attainment. Eight years
after redesignation, the state must
submit a revised maintenance plan
which demonstrates that attainment will
continue to be maintained for ten years
following the initial ten year
maintenance period. To address the
possibility of future NAAQS violations,
the maintenance plan must contain
contingency measures with a schedule
for implementation as EPA deems
necessary to assure prompt correction of
any future PM2.5 NAAQS violations.
The Calcagni Memorandum provides
additional guidance on the content of a
maintenance plan. The memorandum
states that a maintenance plan should
address the following items: The
attainment emissions inventory, a
maintenance demonstration showing
maintenance for the ten years of the
maintenance period, a commitment to
maintain the existing monitoring
network, factors and procedures to be
used for verification of continued
attainment of the NAAQS, and a
contingency plan to prevent or correct
future violations of the NAAQS.
As discussed in detail in the section
below, the state’s maintenance plan
submission expressly documents that
the area’s emissions inventory and
modeling show that the area will remain
below the attainment year inventories
through 2030, more than ten years after
redesignation.
b. Attainment Inventory
Illinois developed an emissions
inventory for annual PM2.5 emissions for
2008, one of the years in the period
during which the St. Louis area
monitored attainment of the 1997
annual PM2.5 NAAQS. The attainment
levels of emissions are summarized in
Tables 3 through 7, along with future
maintenance projections.
c. Demonstration of Maintenance
As discussed above, EPA has
determined that the St. Louis area
attained the 1997 annual PM2.5 NAAQS
based on monitoring data for the 3-year
period from 2007–2009 and based on
2015–2017 monitoring data continues to
attain the standard. In its maintenance
plan, Illinois selected 2008 as the
attainment emission inventory year. The
attainment inventory identifies the level
of emissions in the St. Louis area that
is sufficient to attain the 1997 annual
PM2.5 NAAQS. Illinois began
development of the attainment
inventory by first generating a baseline
emissions inventory for the St. Louis
area. The year 2008 was chosen as the
base year for developing a
comprehensive emissions inventory for
direct PM2.5, NOX, SO2, VOC, and NH3.
The projected inventory included with
the maintenance plan estimates
emissions forward to 2025 and 2030,
which satisfies the ten year interval
required in section 175A of the CAA.
The emissions inventories address
four major types of sources: Point, area,
onroad mobile, and nonroad mobile.
The future year emissions inventories
have been estimated using projected
rates of growth in population, traffic,
economic activity, expected control
programs, and other parameters.
Nonroad mobile emissions estimates
were based on EPA’s nonroad mobile
model, with the exception of the
railroad locomotives, commercial
marine, and aircraft. Onroad mobile
source emissions were calculated using
EPA’s MOVES2014a onroad mobile
emission model. The 2008 PM2.5, NOX,
SO2, VOC, and NH3 emissions for St.
Louis area, as well as the emissions for
other years, were developed consistent
with EPA guidance.
Section 175A requires a state seeking
redesignation to attainment to submit a
SIP revision to provide for the
maintenance of the NAAQS in the area
‘‘for at least 10 years after the
redesignation.’’ EPA has interpreted this
as a showing of maintenance ‘‘for a
period of ten years following
redesignation.’’ Calcagni Memorandum,
p. 9. Where the emissions inventory
method of showing maintenance is
used, the purpose is to show that
emissions during the maintenance
period will not increase over the
attainment year inventory. Id. at pp. 9–
10.
As discussed in detail below, Illinois’
maintenance plan submission expressly
documents that the St. Louis area’s
overall emissions inventories will
remain well below the attainment year
inventories through 2030. In addition,
for the reasons set forth below, EPA
believes that the St. Louis area will
continue to maintain the 1997 annual
PM2.5 NAAQS through 2030. Thus, if
EPA finalizes its proposed approval of
the redesignation request and
maintenance plan, the approval will be
based upon this showing, in accordance
with section 175A, and EPA’s analysis
described herein, that the Illinois
maintenance plan provides for
maintenance for at least 10 years after
redesignation.
The maintenance plan for the St.
Louis 1997 annual PM2.5 area includes
a maintenance demonstration that:
(i) Shows compliance with and
maintenance of the annual PM2.5
standard by providing information to
support the demonstration that current
and future emissions of PM2.5 and NOX,
as well as other precursors, remain at or
below 2008 emissions levels.
(ii) Uses 2008 as the attainment year
and includes future emission inventory
projections for 2025 and 2030.
(iii) Identifies an ‘‘out year’’ at least
ten years after EPA review and potential
approval of the maintenance plan. Per
40 CFR part 93, PM2.5, and NOX MVEBs
were established for the last year (2030)
of the maintenance plan.
(iv) Provides, as shown in Tables 3
through 7 below, the estimated and
projected emissions inventories, in tons
per year, covering only the Illinois
portion of the St. Louis, MO–IL area, for
PM2.5, NOX, SO2, VOC, and NH3.
TABLE 3—ST. LOUIS AREA PM2.5 EMISSION INVENTORIES
[Tons/year]
Sector
2008 Attainment
Point ...........................................................................................................................
Area ...........................................................................................................................
Onroad .......................................................................................................................
VerDate Sep<11>2014
17:18 Mar 20, 2019
Jkt 247001
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
2030 Maintenance
2,438.05
4,749.40
524.49
E:\FR\FM\21MRP1.SGM
2,350.90
4,656.69
104.24
21MRP1
Difference
¥87.15
¥92.71
¥420.25
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules
10467
TABLE 3—ST. LOUIS AREA PM2.5 EMISSION INVENTORIES—Continued
[Tons/year]
Sector
2008 Attainment
2030 Maintenance
Difference
Offroad .......................................................................................................................
425.04
304.41
¥120.63
Total ....................................................................................................................
8,136.98
7,416.24
¥720.74
TABLE 4—2002 AND 2008 EMISSIONS TOTALS FOR THE ST. LOUIS 1997 ANNUAL PM2.5 NAAQS
[Tons/year]
Sector
2008 Attainment
2030 Maintenance
Difference
Point ...........................................................................................................................
Area ...........................................................................................................................
Onroad .......................................................................................................................
Offroad .......................................................................................................................
16,608.41
1,638.36
17,965.82
8,509.49
14,519.27
1,766.40
2,984.38
9,222.09
¥2,089.14
128.04
¥14,981.44
712.60
Total ....................................................................................................................
44,722.08
28,492.14
¥16,229.94
TABLE 5—ST. LOUIS AREA SO2 EMISSION INVENTORIES
[Tons/year]
Sector
2008 Attainment
2030 Maintenance
Difference
Point ...........................................................................................................................
Area ...........................................................................................................................
Onroad .......................................................................................................................
Offroad .......................................................................................................................
49,895.15
246.64
60.26
355.25
47,652.59
275.09
51.76
432.68
¥2,242.56
28.45
¥8.50
77.43
Total ....................................................................................................................
50,577.33
48,412.12
¥2,165.21
TABLE 6—ST. LOUIS AREA VOC EMISSION INVENTORIES
[Tons/year]
Sector
2008 Attainment
2030 Maintenance
Difference
Point ...........................................................................................................................
Area ...........................................................................................................................
Onroad .......................................................................................................................
Offroad .......................................................................................................................
4,270.41
7,796.35
6,741.77
2,994.51
6,071.31
9,676.73
1,402.96
1,605.73
1,800.90
1,880.38
¥5,338.81
¥1,388.78
Total ....................................................................................................................
21,753.04
18,756.74
¥2,996.30
TABLE 7—ST. LOUIS AREA NH3 EMISSION INVENTORIES
[Tons/year]
amozie on DSK9F9SC42PROD with PROPOSALS
Sector
2008 Attainment
2030 Maintenance
Difference
2008–2030
Point ...........................................................................................................................
Area ...........................................................................................................................
Onroad .......................................................................................................................
Offroad .......................................................................................................................
208.31
3,354.13
304.71
6.04
270.38
3,381.35
187.59
8.94
62.07
27.22
¥117.12
2.9
Total ....................................................................................................................
3,873.19
3,848.27
¥24.92
As discussed in the section below, the
state’s maintenance plan submission
expressly documents that the area’s
emission levels will remain below the
attainment year emission levels through
2030.
determining attainment with the annual
PM2.5 standard for the St. Louis area.
EPA has determined that the monitors
maintained by both Illinois and
Missouri constitute an adequate
monitoring network.
d. Monitoring Network
e. Verification of Continued Attainment
Illinois and Missouri each currently
operate five monitors for purposes of
Illinois remains obligated to continue
to quality-assure monitoring data and
VerDate Sep<11>2014
17:18 Mar 20, 2019
Jkt 247001
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
enter all data into the AQS in
accordance with Federal guidelines in
accordance with 40 CFR part 58. Illinois
will use these data, supplemented with
additional information as necessary, to
assure that the area continues to attain
the standard. Illinois will also continue
to develop and submit periodic
emission inventories as required by the
Federal Consolidated Emissions
E:\FR\FM\21MRP1.SGM
21MRP1
10468
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules
Reporting Rule (67 FR 39602, June 10,
2002) to track future levels of emissions.
These actions will help to verify
continued attainment in accordance
with 40 CFR part 58.
f. Contingency Plan
The contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to assure that the
state will promptly correct a violation of
the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the contingency
measures, and a time limit for action by
the state. The state should also identify
specific indicators to be used to
determine when the contingency
measures need to be adopted and
implemented. The maintenance plan
must include a requirement that the
state will implement all pollution
control measures that were contained in
the SIP before redesignation of the area
to attainment. See section 175A(d) of
the CAA.
The Illinois contingency plan defines
Level I and Level II contingency
measure triggers. The Level I triggers are
activated when the PM2.5 average of the
weighted annual mean of 15.0 mg/m3 or
greater occurs in a single calendar year
within the maintenance area or the total
maintenance area emissions increase
5% or more above the 2008 inventory.
A Level I trigger response will consist of
a study, to be completed within nine
months, to determine whether the PM2.5
value indicates a trend toward higher
PM2.5 values or whether emissions
appear to be increasing. The Level II
trigger will be prompted whenever a
violation of the standard (three-year
average of the weighted annual means of
greater than 15.0 mg/m3). If the Level II
trigger occurs, Illinois will conduct an
analysis to determine control measures
to address the violation within six
months. Level II trigger measures that
can be implemented in a short time will
be selected to be in place within 18
months from the close of the calendar
year that prompted the action level.
Illinois will also consider the timing of
an action level trigger and determine if
additional, significant new regulations
not currently included as part of the
maintenance provisions will be
implemented in a timely manner and
will constitute our response.
Because it is not possible to determine
what control measures will be
appropriate at an unspecified time in
the future, Illinois provides that
additional facility-specific controls
requiring reductions in NOX, PM2.5, SO2
and/or VOC emissions and broader
geographic applicability of existing
measures are options for
implementation.
As required by section 175A(b) of the
CAA, Illinois commits to submit to EPA
an updated PM2.5 maintenance plan
eight years after redesignation of the St.
Louis area to cover an additional ten
year period beyond the initial ten year
maintenance period.
For the reasons set forth above, EPA
is proposing to approve Illinois’ 1997
annual PM2.5 maintenance plan for the
St. Louis area as meeting the
requirements of CAA section 175A.
Illinois further commits to conduct
ongoing review of its data, and if
monitored concentrations or emissions
are trending upward, Illinois commits to
take appropriate steps to avoid a
violation if possible. Illinois commits to
continue implementing SIP
requirements upon and after
redesignation.
EPA finds that Illinois’ contingency
measures, as well as the commitment to
continue implementing any SIP
requirements, satisfy the pertinent
requirements of section 175A.
5. Motor Vehicle Emissions Budget
(MVEBs) for PM2.5 and NOX, and Safety
Margin for the St. Louis Area
The maintenance plan submitted by
Illinois for the St. Louis area contains
new primary PM2.5, NOX, and VOC
MVEBs for the area for the years 2008
and 2030. MVEBs are the projected
levels of controlled emissions from the
transportation sector (mobile sources)
that are estimated in the SIP to provide
for maintenance of the ozone standard.
The MVEBs were calculated using
MOVES2014a. Table 8 details Illinois’
2008 and 2030 MVEBs for the St. Louis
area.
TABLE 8—MVEBS FOR THE ST. LOUIS
1997 ANNUAL PM2.5 MAINTENANCE
PLAN
[tons/year]
Pollutant
PM2.5 .........
NOX ...........
VOC ..........
2008 MVEB
524.49
17,965.82
6,741.77
2030 MVEB
208.29
5,980.67
2,470.72
Illinois included ‘‘safety margins’’ as
provided for in 40 CFR 93.124(a). A
‘‘safety margin’’, as defined in the
transportation conformity rule (40 CFR
part 93, subpart A), is the amount by
which the total projected emissions
from all sources of a given pollutant are
less than the total emissions that would
satisfy the applicable requirement for
reasonable further progress, attainment,
or maintenance. The attainment level of
PM2.5, NOX, and VOC emissions for the
St. Louis area is shown in tables 3, 4,
and 6. Table 9 shows the remaining
safety margin for the St. Louis area
following the allocation to the PM2.5,
NOX, and VOC MVEBs.
TABLE 9—2030 SAFETY MARGIN FOR ST. LOUIS 2012 ANNUAL PM2.5 MAINTENANCE PLAN
[tons/year]
2030 Safety
margin
Pollutant
amozie on DSK9F9SC42PROD with PROPOSALS
PM2.5 ..........................................................................................................................
NOX ............................................................................................................................
VOC ...........................................................................................................................
The 2008 actual and 2030 projected
emissions, even with this allocation,
will be below the 2008 attainment year
emissions for PM2.5, NOX, and VOC. For
this reason, EPA finds that the
VerDate Sep<11>2014
17:18 Mar 20, 2019
Jkt 247001
720.74
16,299.94
2,996.3
allocation of the safety margin to the
MVEBs for the St. Louis area meet the
requirements of the transportation
conformity regulations at 40 CFR part
93,and are approvable. Once allocated
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
Safety margin
allocated to 2030
MVEB
104.05
2,996.29
1,067.76
Safety margin
remaining
616.69
13,233.65
1,928.54
to mobile sources, these portions of the
safety margins will not be available for
use by other sources.
E:\FR\FM\21MRP1.SGM
21MRP1
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Proposed Rules
6. Comprehensive Emissions Inventory
for the St. Louis Area
As discussed above, section 172(c)(3)
of the CAA requires areas to submit a
comprehensive emissions inventory
including direct PM and all four
precursors (SO2, NOX, VOCs, and
ammonia). Actual emissions contained
in the submittal cover the general source
categories of point sources, area sources,
onroad mobile sources, and nonroad
mobile sources for the base attainment
year of 2008.
For this reason, EPA proposes to
approve the emissions inventory as
complete and accurate, and meets the
requirement of CAA section 172(c)(3).
V. What are the effects of EPA’s
actions?
EPA is proposing to change the
official designation of the St. Louis area
for the 1997 annual PM2.5 NAAQS,
found at 40 CFR part 81, from
nonattainment to attainment. EPA is
proposing to determine that the St.
Louis area has attained the 1997 annual
PM2.5 standard, based on the most
recent three years of certified air quality
data. This action also proposes to
approve the maintenance plan for the
1997 annual PM2.5 NAAQS as revisions
to the Illinois SIP for the St. Louis area.
Also, the EPA proposes to approve the
2008 emissions inventory for the St.
Louis area as well as the 2008 and 2030
MVEBs for the St. Louis area. These
MVEBs will be used in future
transportation conformity analyses for
the area.
In addition, if finalized, according to
the Fine Particulate Matter National
Ambient Air Quality Standards: State
Implementation Plan Requirements (81
FR 58009, August 24, 2016), ‘‘for an area
that is redesignated to attainment after
the effective date of this final rule, the
1997 primary annual PM2.5 NAAQS will
be revoked in such an area on the
effective date of its redesignation to
attainment for that NAAQS. After
revocation of the 1997 primary annual
PM2.5 NAAQS in a given area, the
designation for that standard is no
longer in effect.’’
amozie on DSK9F9SC42PROD with PROPOSALS
VI. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of the
maintenance plan under CAA 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
required by state law. A redesignation to
attainment does not in and of itself
VerDate Sep<11>2014
17:18 Mar 20, 2019
Jkt 247001
impose any new requirements, but
rather results in the application 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
Act 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 these
reasons, these actions:
• 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
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
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
10469
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Sulfur oxides.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: March 11, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019–05285 Filed 3–20–19; 8:45 am]
BILLING CODE 6560–50–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
48 CFR Parts 739 and 752
[0412–AA87]
United States Agency for International
Development Acquisition Regulation
(AIDAR): Security and Information
Technology Requirements
U.S. Agency for International
Development.
ACTION: Proposed rule.
AGENCY:
The U.S. Agency for
International Development (USAID)
seeks public comment on a proposed
rule that would amend the USAID
Acquisition Regulation (AIDAR) to
incorporate a revised definition of
information technology and other
requirements relating to information
security and information technology
approvals. The Federal Information
Technology Acquisition Reform Act
requires improved management of the
acquisition of Information technology
resources. This proposed rule revising
the AIDAR, if adopted, would provide
increased oversight of contractor
acquisition and use of information
technology resources.
DATES: Comments must be received no
later than May 20, 2019.
ADDRESSES: Address all comments
concerning this notice to Carol Ketrick,
Bureau for Management, Office of
Acquisition and Assistance, Policy
SUMMARY:
E:\FR\FM\21MRP1.SGM
21MRP1
Agencies
[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Proposed Rules]
[Pages 10461-10469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05285]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2018-0842; FRL-9991-11-Region 5]
Air Plan Approval; Illinois; Redesignation of the Illinois
Portion of the St. Louis Area to Attainment of the 1997 Annual Standard
for Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On December 6, 2018, the Illinois Environmental Protection
Agency (Illinois) submitted a request for the Environmental Protection
Agency (EPA) to redesignate the Illinois portion of the St. Louis, MO-
IL nonattainment area (hereafter, ``St. Louis area'') to attainment for
the 1997 fine particulate matter (PM2.5) annual national
ambient air quality standard (NAAQS or standard). The Illinois portion
of the St. Louis area includes Madison, Monroe, and St. Clair counties,
and Baldwin Township in Randolph County. EPA is taking this action
because it has determined that the St. Louis area is attaining the
annual 1997 PM2.5 standard based on the most recent three
years of certified air quality data. EPA is also proposing to approve a
revision to the Illinois state implementation plan (SIP) for
maintaining the 1997 annual PM2.5 NAAQS through 2030.
Illinois' maintenance plan submission includes an updated emission
inventory, which includes emission inventories for PM2.5,
NOX, volatile organic compounds (VOCs) and ammonia. The
maintenance plan submission also includes motor vehicle emission
budgets (MVEBs) for the mobile source contribution of PM2.5
and nitrogen oxides (NOX) to the St. Louis PM2.5
area for transportation conformity purposes. EPA is proposing to
approve and update both the emissions inventory and MVEBs. EPA is
proposing to take these actions in accordance with the Clean Air Act
(CAA) and EPA's SIP rules regarding the 1997 PM2.5 NAAQS.
DATES: Comments must be received on or before April 22, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0842 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 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: Michelle Becker, Life Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-3901,
Becker.Michelle@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 actions are EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of the state's request?
1. Attainment Determination (Section 107(d)(3)(E)(i)).
2. Section 110 and Part D Requirements, and Approval SIP under
Section 110(k) (Section 107(d)(3)(E)(ii) and (v)).
3. Permanent and Enforceable Reductions in Emissions (Section
107(d)(3)(E)(iii)).
4. Maintenance Plan Pursuant to Section 175A of the CAA (Section
107(d)(3)(E)(iv)).
5. Motor Vehicle Emissions Budget (MVEBs) for PM2.5
and NOX, and Safety Margin for the St. Louis Area.
6. Comprehensive Emissions Inventory for the St. Louis Area
V. What are the effects of EPA's actions?
VI. Statutory and Executive Order Reviews.
[[Page 10462]]
I. What actions are EPA taking?
EPA is proposing to take several actions related to the
redesignation of the St. Louis area to attainment of the 1997 annual
PM2.5 NAAQS. EPA is proposing to determine that the St.
Louis area has attained the 1997 annual PM2.5 NAAQS based on
quality-assured, certified 2015-2017 air quality data. EPA is proposing
to grant the request to redesignate the St. Louis area to attainment of
the 1997 annual PM2.5 NAAQS.
EPA proposes to find that Illinois' PM2.5 maintenance
plan meets the requirements of section 175A of the CAA and is proposing
to approve Illinois' PM2.5 maintenance plan for the 1997
annual PM2.5 NAAQS for the St. Louis area as a revision to
the Illinois SIP. The PM2.5 maintenance plan provides for
the maintenance of the 1997 annual PM2.5 NAAQS in the St.
Louis area through 2030.
EPA is also proposing to approve Illinois' 2008 and 2030 MVEBs for
the St. Louis area.
Finally, EPA is proposing to approve Illinois' 2008 primary
PM2.5, NOX, sulfur dioxide (SO2), VOC,
and ammonia (NH3) emission inventories for the St. Louis
area as satisfying the requirement of section 172(c)(3) of the CAA for
a current, accurate, and comprehensive emission inventory.
II. What is the background for these actions?
On July 18, 1997, EPA promulgated the first primary annual
PM2.5 NAAQS to provide increased protection of public health
from fine particle pollution (62 FR 38652). In that action, EPA
promulgated an annual standard at a level of 15 micrograms per cubic
meter ([micro]g/m\3\) of ambient air, based on a three-year average of
the annual mean PM2.5 concentrations at each monitoring
site. On January 5, 2005, EPA published air quality area designations
for the 1997 annual PM2.5 standard based on air quality data
for calendar years 2001-2003 (70 FR 944). In that rulemaking, EPA
designated the St. Louis area, which includes Madison, Monroe, and St.
Clair counties, and Baldwin Township in Randolph county in Illinois, as
nonattainment for the 1997 annual PM2.5 standard.
III. What are the criteria for redesignation to attainment?
The CAA sets forth criteria for redesignating a nonattainment area
to attainment. Specifically, section 107(d)(3)(E) of the CAA allows for
redesignation provided that: (1) The Administrator determines that the
area has attained the applicable NAAQS based on current air quality
data; (2) the Administrator has fully approved an applicable SIP for
the area under section 110(k) of the CAA; (3) the Administrator
determines that the improvement in air quality is due to permanent and
enforceable emission reductions resulting from implementation of the
applicable SIP, Federal air pollution control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area 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 purposes
of redesignation under section 110 and part D of subchapter I of the
CAA.
IV. What is EPA's analysis of the state's request?
EPA is proposing to redesignate the St. Louis area to attainment of
the 1997 annual PM2.5 NAAQS and to approve updates to the
Illinois maintenance plan including MVEBs and emissions inventory for
the area. The rationale for these proposed actions follows.
1. Attainment Determination (Section 107(d)(3)(E)(i))
To redesignate an area from nonattainment to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). For PM2.5, an area is
attaining the 1997 annual PM2.5 NAAQS if it meets the
standard, as determined in accordance with 40 CFR 50.13 and part 50,
appendix N, based on three complete, consecutive calendar years of
quality-assured air quality monitoring data. To attain the 1997 annual
PM2.5 NAAQS, the 3-year average of the annual arithmetic
mean concentration, as determined in accordance with 40 CFR part 50,
appendix N, must be less than or equal to 15.0 [micro]g/m\3\ at all
relevant monitoring sites in the subject area over a 3-year period. The
relevant data must be collected and quality-assured in accordance with
40 CFR part 58 and recorded in the EPA Air Quality System (AQS)
database. The monitors generally should have remained at the same
location for the duration of the monitoring period required for
demonstrating attainment.
EPA reviewed the certified, quality-assured/quality-controlled
PM2.5 monitoring data from the St. Louis area for the 1997
annual PM2.5 NAAQS from 2015-2017 and determined that the
design value for the area is less than the standard of 15.0 [mu]g/m\3\
for that period. The PM2.5 design values for monitors with
complete data are summarized in Table 1:
Table 1--Monitoring Data for the St. Louis Area for 2015-2017 1997 Annual PM2.5 Standard ([mu]g/m \3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year Average
State City/county Site ---------------------------------------------------------------
2015 2016 2017 2015-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois.................................. Madison..................... Alton 9.0 8.8 8.7 8.8
Illinois.................................. Madison..................... Wood River 9.1 8.7 8.3 8.7
Illinois.................................. Madison..................... Granite City 10.4 9.1 9.6 9.7
Illinois.................................. Randolph.................... Houston 7.9 8.0 9.6* 8.5
Illinois.................................. St. Claire.................. East St. Louis 10.7 10.0 8.8 9.8
Missouri.................................. St. Louis City.............. Blair Street 10.4 8.5 7.9 8.9
Missouri.................................. St. Louis City.............. South Broadway 11.1 8.1 7.8 9.0
Missouri.................................. St. Louis City.............. Forest Park 9.2 8.7 8.3 8.7
Missouri.................................. St. Louis County............ Ladue 10.3 8.7 9.4 9.5
Missouri.................................. Jefferson................... Arnold West 11.6 8.3 8.2 9.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
* data completeness requirements met by substituting data from a secondary monitor resulting in a valid design value (83 FR 66631).
Pursuant to section 179(c) of the CAA, EPA is proposing to
determine that the St. Louis area is attaining the 1997 annual
PM2.5 NAAQS. This proposed determination is based upon
complete, quality-assured, and certified ambient
[[Page 10463]]
air monitoring data for the 2015-2017 monitoring period that show the
area has monitored attainment of 1997 annual PM2.5 NAAQS.
2. Section 110 and Part D Requirements, and Approval SIP under Section
110(k) (Section 107(d)(3)(E)(ii) and (v))
EPA is proposing to find that Illinois has met all currently
applicable SIP requirements for purposes of redesignation for the St.
Louis area under section 110 of the CAA (general SIP requirements), and
the planning requirements in part D of subchapter I of the CAA (part
D). We are proposing to find that all applicable requirements of the
Illinois SIP, for purposes of redesignation, have been implemented, in
accordance with section 107(d)(3)(E)(ii) and 107(d)(3)(E)(v) of the
CAA. As discussed below, in this section, EPA is proposing to approve
Illinois' 2008 emissions inventory as meeting the section 172(C)(3)
requirement for a comprehensive emissions inventory.
In making these proposed determinations, we have ascertained which
SIP requirements are applicable for purposes of redesignation, have
concluded that there are SIP measures meeting these requirements, and
that they are approved or will be approved by the time of final
rulemaking on the State's PM2.5 redesignation request.
a. Illinois has met all Applicable Requirements for Purposes of
Redesignation of the St. Louis Area Under Section 110 and Part D of the
CAA
i. Section 110 General SIP Requirements
Section 110(a) of title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a state must have been adopted by the
state after reasonable public notice and hearing, and, among other
things, must include enforceable emission limitations and other control
measures, means or techniques necessary to meet the requirements of the
CAA; provide for establishment and operation of appropriate devices,
methods, systems, and procedures necessary to monitor ambient air
quality; provide for implementation of a source permit program to
regulate the modification and construction of any stationary source
within the areas covered by the plan; include provisions for the
implementation of part C, Prevention of Significant Deterioration (PSD)
and part D, New Source Review (NSR) permit programs; include criteria
for stationary source emission control measures, monitoring, and
reporting; include provisions for air quality modeling; and provide for
public and local agency participation in planning and emission control
rule development. Section 110(a)(2)(D) of the CAA requires that SIPs
contain measures to prevent sources in a state from significantly
contributing to air quality problems in another state.
EPA interprets the ``applicable'' requirements for an area's
redesignation to be those requirements linked with that area's
nonattainment designation. Therefore, we believe that the section 110
elements described above that are not connected with nonattainment plan
submissions and not linked with an area's attainment status, such as
the ``infrastructure SIP'' elements of section 110(a)(2), are not
applicable requirements for purposes of the redesignation. A state
remains subject to these requirements after an area is redesignated to
attainment, and thus EPA does not interpret such requirements to be
relevant applicable requirements to evaluate in a redesignation. For
example, the requirement to submit state plans addressing interstate
transport obligations under section 110(a)(2)(D)(i)(I) continue to
apply to a state regardless of the designation of any particular area
in the state, and thus are not applicable requirements to be evaluated
in the redesignation context.
EPA has applied this interpretation consistently in many
redesignations for decades. See, e.g., 81 FR 44210 (July 7, 2016)
(final redesignation for the Sullivan county, Tennessee area); 79 FR
43655 (July 28, 2014) (final redesignation for Bellefontaine, Ohio lead
nonattainment area); 61 FR 53174-53176 (October 10, 1996) and 62 FR
24826 (May 7, 1997) (proposed and final redesignation for Reading,
Pennsylvania ozone nonattainment area); 61 FR 20458 (May 7, 1996)
(final redesignation for Cleveland-Akron-Lorain, Ohio ozone
nonattainment area); and 60 FR 62748 (December 7, 1995) (final
redesignation of Tampa, Florida ozone nonattainment area). See also 65
FR 37879, 37890 (June 19, 2000) (discussing this issue in final
redesignation of Cincinnati, Ohio 1-hour ozone nonattainment area); and
66 FR 50399 (October 19, 2001) (final redesignation of Pittsburgh,
Pennsylvania 1-hour ozone nonattainment area).
We have reviewed the Illinois SIP and determined that it meets the
general SIP requirements under section 110 of the CAA to the extent
they are applicable for purposes of redesignation. EPA has previously
approved provisions of Illinois' SIP addressing section 110
requirements at 40 CFR 52.720.
ii. Part D Requirements
EPA has determined that, upon approval of the base year emissions
inventories discussed in section IV.6 of this rulemaking, the Illinois
SIP will meet the SIP requirements for the St. Louis area applicable
for purposes of redesignation under part D of the CAA. Subpart 1 of
part D, found in sections 172-176 of the CAA, sets forth the basic
nonattainment requirements applicable to all nonattainment areas.
Subpart 4 of part D, found in section 189 of the CAA, sets forth
nonattainment requirements applicable for particulate matter
nonattainment areas.
(1) Section 172 Requirements
Section 172(c) sets out general nonattainment plan requirements. A
thorough discussion of these requirements can be found in the General
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992)
(``General Preamble''). EPA's longstanding interpretation of the
nonattainment planning requirements of section 172 is that once an area
is attaining the NAAQS, those requirements are not ``applicable'' for
purposes of CAA section 107(d)(3)(E)(ii) and therefore need not be
approved into the SIP before EPA can redesignate the area. In the
General Preamble, EPA set forth its interpretation of applicable
requirements for purposes of evaluating redesignation requests when an
area is attaining a standard. See 57 FR 13564. EPA noted that the
requirements for reasonable further progress (RFP) and other measures
designed to provide for an area's attainment do not apply in evaluating
redesignation requests because those nonattainment planning
requirements ``have no meaning'' for an area that has already attained
the standard. Id. This interpretation was also set forth in the
Calcagni Memorandum.\1\
---------------------------------------------------------------------------
\1\ September 4, 1992 Memorandum from John Calcagni, Director,
Air Quality Management Division (EPA), entitled, ``Procedures for
Processing Requests to Redesignate Areas to Attainment.''
---------------------------------------------------------------------------
EPA's long-standing interpretation regarding the applicability of
section 172(c)'s attainment planning requirements for an area that is
attaining a NAAQS applies in this redesignation of the St. Louis area
1997 annual PM2.5 nonattainment area as well.
As noted above, the remaining section 172(c) ``attainment
planning'' requirements are not applicable for purposes of evaluating
the state's redesignation request. Specifically, these are the
reasonably available
[[Page 10464]]
control measures (RACM) requirement under section 172(c)(1), which
requires the plans for all nonattainment areas to provide for the
implementation of all RACM as expeditiously as practicable and to
provide for attainment of the primary NAAQS; the RFP requirement under
section 172(c)(2), which is defined as progress that must be made
toward attainment; the requirement to submit section 172(c)(9)
contingency measures, which are measures to be taken if the area fails
to make reasonable further progress to attainment; and the section
172(c)(6) requirement that the SIP contain control measures necessary
to provide for attainment of the standard. These requirements are not
applicable in evaluating Illinois' redesignation request because the
St. Louis area has monitored attainment of the 1997 annual standard
prior to the required attainment date of April 5, 2010, as promulgated
in the Clean Data Determination published July 27, 2012 (77 FR 38183).
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions.
Illinois submitted a 2008 base year emissions inventory as part of
their PM2.5 attainment demonstration on December 6, 2018 and
requested that the 2008 inventories be used as the most accurate and
current inventory. As discussed below in section IV.6, EPA is proposing
to approve Illinois' 2008 emissions inventory as meeting the section
172(c)(3) emission inventory requirement for the St. Louis area.
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) and 189(a)(1)(A) requires source permits
for the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. EPA approved the current
Illinois NSR program for PM2.5 on May 13, 2003 (68 FR
25504). In addition, the state's maintenance plan does not rely on
nonattainment NSR, therefore having a fully approved NSR program is not
an applicable requirement; nonetheless, we have approved the state's
program.\2\
---------------------------------------------------------------------------
\2\ A 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.''
---------------------------------------------------------------------------
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we find that the
Illinois SIP meets the section 110(a)(2) applicable requirements for
purposes of redesignation.
(2) Section 176 Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally-supported or funded activities,
including highway projects, conform to the air quality planning goals
in the applicable SIPs. The requirement to determine conformity applies
to transportation plans, programs and projects developed, funded or
approved under Title 23 of the U.S. Code and the Federal Transit Act
(transportation conformity) as well as to all other Federally-supported
or funded projects (general conformity). State transportation
conformity regulations must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability,
which EPA promulgated pursuant to CAA requirements.
EPA approved Illinois' transportation conformity SIPs on December
23, 1997 (62 FR 67000). In April 2010, EPA promulgated changes to 40
CFR 51.851, eliminating the requirement for states to maintain a
general conformity SIP. EPA confirms that Illinois has met the
applicable conformity requirements under section 176.
b. Illinois Has a Fully Approved Applicable SIP Under Section 110(k) of
the CAA
Upon final approval of Illinois' comprehensive 2008 emissions
inventories, EPA will have fully approved the Illinois SIP for the St.
Louis area under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation. EPA may rely on prior SIP
approvals in approving a redesignation request (See page 3 of the
Calcagni memorandum; Southwestern Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989-90 (6th Cir. 1998); Wall v. EPA, 265 F.3d
426 (6th Cir. 2001)) plus any additional measures it may approve in
conjunction with a redesignation action. See 68 FR 25413, 25426 (May
12, 2003). Since the passage of the CAA of 1970, Illinois has adopted
and submitted, and EPA has fully approved, provisions addressing
various required SIP elements under particulate matter standards. In
this action, EPA is proposing to approve Illinois' 2008 comprehensive
emissions inventories for the St. Louis area as meeting the requirement
of section 172(c)(3) of the CAA. No St. Louis area SIP provisions are
currently disapproved, conditionally approved, or partially approved.
Therefore, EPA has fully approved the applicable requirements for the
St. Louis area under section 110(k) in accordance with section
107(d)(3)(E)(ii).
3. Permanent and Enforceable Reductions in Emissions (Section
107(d)(3)(E)(iii))
EPA finds that Illinois has demonstrated that the observed air
quality improvement in the St. Louis area is due to permanent and
enforceable reductions from Federal measures. In making this
demonstration, Illinois has calculated the change in emissions between
2002, one of the years the St. Louis area was monitoring nonattainment,
and 2008, one of the years the St. Louis area monitored attainment. The
reduction in emissions and the corresponding improvement in air quality
over this period can be attributed to several regulatory control
measures that the St. Louis and contributing areas have implemented in
recent years.
a. Permanent and Enforceable Controls Implemented
The following is a discussion of permanent and enforceable measures
that have been implemented in the area:
i. Federal Emission Control Measures
Reductions in directly emitted fine particles and fine particle
precursor emissions have occurred statewide and in upwind areas because
of Federal emission control measures, with additional emission
reductions expected to occur in the future. Federal emission control
measures include the following:
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. These emission control requirements result in lower
NOX and SO2 emissions from new cars and light
duty trucks, including sport utility vehicles. The Federal rules were
phased in between 2004 and 2009. EPA has estimated that, by the end of
the phase-in period, new vehicles will emit less NOX with
the following percentage decreases: Passenger cars (light duty
vehicles)--77%; light duty trucks, minivans and sports utility
vehicles--86%; and, larger sports utility vehicles, vans and heavier
trucks--69% to 95%. EPA expects fleet-wide average emissions to decline
by similar percentages as new vehicles replace older vehicles. The Tier
2 standards also reduced the sulfur content of gasoline to 30 parts per
million (ppm) beginning in January 2006, reducing both directly emitted
sulfates and the precursor SO2.
Heavy-Duty Diesel Engine Rule. EPA issued this rule in July 2000.
This rule includes standards limiting the sulfur content of diesel
fuel, which went into
[[Page 10465]]
effect in 2004. A second phase took effect in 2007 which reduced fine
particle emissions from heavy-duty highway engines and further reduced
the highway diesel fuel sulfur content to 15 ppm. The total program is
estimated to achieve a 90% reduction in direct PM2.5
emissions and a 95% reduction in NOX emissions for these new
engines using low sulfur diesel, compared to existing engines using
higher sulfur content diesel. The reduction in fuel sulfur content also
yielded an immediate reduction in sulfate particle emissions from all
diesel vehicles.
Nonroad Diesel Rule. In May 2004, EPA promulgated a rule for large
nonroad diesel engines, such as those used in construction, agriculture
and mining equipment, that was phased in between 2008 and 2014. The
rule also reduces the sulfur content in nonroad diesel fuel by over
99%. Prior to 2006, nonroad diesel fuel averaged approximately 3,400
ppm sulfur. This rule limited nonroad diesel sulfur content to 500 ppm
by 2006, with a further reduction to 15 ppm by 2010. The combined
engine and fuel rules will reduce NOX and PM2.5
emissions from large nonroad diesel engines by over 90%, compared to
current nonroad engines using higher sulfur content diesel. It is
estimated that compliance with this rule will cut NOX
emissions from nonroad diesel engines by up to 90%. This rule achieved
some emission reductions by 2008 and was fully implemented by 2010. The
reduction in fuel sulfur content also yielded an immediate reduction in
sulfate particle emissions from all diesel vehicles.
Nonroad Large Spark-Ignition Engine and Recreational Engine
Standards. In November 2002, EPA promulgated emission standards for
groups of previously unregulated nonroad engines. These engines include
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles using spark-
ignition engines such as off-highway motorcycles, all-terrain vehicles
and snowmobiles; and recreational marine diesel engines. Emission
standards from large spark-ignition engines were implemented in two
tiers, with Tier 1 starting in 2004 and Tier 2 in 2007. Recreational
vehicle emission standards were phased in from 2006 through 2012.
Marine diesel engine standards were phased in from 2006 through 2009.
With full implementation of the entire nonroad spark-ignition engine
and recreational engine standards, an 80% reduction in NOX
is expected by 2020. Most of these emission reductions occurred by the
2015-2017 period used to demonstrate attainment, but additional
emission reductions will occur during the maintenance period.
ii. Control Measures in Contributing Areas
NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA
issued a NOX SIP Call requiring the District of Columbia and
22 states (including Illinois and Missouri) to reduce emissions of
NOX. Affected states were required to comply with Phase I of
the SIP Call beginning in 2004, and Phase II beginning in 2007.
Emission reductions resulting from regulations developed in response to
the NOX SIP Call are permanent and enforceable.
Clean Air Interstate Rule (CAIR). On March 10, 2004, EPA
promulgated the CAIR. The CAIR required Electric Generating Units
(EGUs) in 28 eastern states and the District of Columbia to
significantly reduce emissions of NOX and SO2. On
July 6, 2011, EPA finalized Cross-State Air Pollution Rule (CSAPR) as a
replacement for CAIR. CSAPR became effective on January 1, 2015, for
SO2 and annual NOX, and May 1, 2015, for ozone
season NOX. EPA estimated CSAPR will reduce EGU
SO2 emissions by 73% and NOX emissions by 54%
from 2005 levels in the CSAPR region, which includes Illinois.
On September 7, 2016, EPA promulgated an update to CSAPR that will
bring even greater reductions in NOX emissions. EPA
estimated that the CSAPR update and other changes already underway in
the power sector will cut ozone season NOX emissions from
power plants in the eastern United States by 20%, resulting in a
reduction of 80,000 tons in 2017 compared to 2015 levels.
iii. Consent Decrees
Air quality in the Illinois portion of the nonattainment area has
benefited from implementation of state point source NOX
controls and other emission controls targeting PM2.5
precursors. Federally-initiated litigation resulting in emission-
reducing consent decrees with local industry include the ConocoPhillips
Global Refinery Settlement (filed January 27, 2005, U.S. District Court
for the Southern District in Texas), which provided for installation
(no later than December 31, 2009) of low-NOX burners and
ultra-low NOX burners on combustion units at its
``Distilling West'' operations (Roxana, IL, refinery), as well as
reductions of SO2, particulate matter, and NOX
from process operations. A settlement reached with Dynegy Midwest
Generation (USA v. IL Power Co., et al. 3:99-cv-833 Consent Decree,
March 2005, U.S. District Court for the Southern District of Illinois)
included the requirements to ``commence operation of the SCRs
[selective catalytic reduction systems] installed at Baldwin Unit 1,
Unit 2 . . . so as to achieve and maintain a 30-day rolling average
emission rate from each such unit of not greater than 0.100 lb/mmBtu
NOX'' and ``maintain a 30-day rolling average emission rate
of not greater than 0.120 lb/mmBtu NOX at Baldwin Unit 3.''
Within this same timeframe, the National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel
Manufacturing Facilities was amended on July 13, 2006, affecting
emission limits from the blast furnaces and Basic Oxygen Furnace shop
at the U.S. Steel facility in Granite City, Illinois. The control
measures and emission reductions resulting from this federal rulemaking
and consent agreements continue to be permanent and enforceable.
The emissions reductions resulting from these control measures are
in Table 2.
Table 2--2002 and 2008 Emissions Totals for the St. Louis 1997 Annual PM2.5 NAAQS
[Tons/year]
----------------------------------------------------------------------------------------------------------------
Pollutant 2002 2008 Difference
----------------------------------------------------------------------------------------------------------------
PM2.5.................................................. 10,950.60 8,136.98 -2,813.62
NOX.................................................... 61,860.58 44,722.08 -17,138.50
SO2.................................................... 55,940.09 50,557.33 -5,382.76
VOC.................................................... 40,697.69 21,753.04 -18,944.65
NH3.................................................... 4,418.65 3,873.19 -545.46
----------------------------------------------------------------------------------------------------------------
[[Page 10466]]
4. Maintenance Plan Pursuant to Section 175A of the CAA (Section
107(d)(3)(E)(iv))
In conjunction with the request to redesignate the St. Louis
nonattainment area to attainment status, Illinois has submitted a SIP
revision to provide for maintenance of the 1997 annual PM2.5
NAAQS in the area through 2030.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after EPA
approves a redesignation to attainment. Eight years after
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for ten
years following the initial ten year maintenance period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future
PM2.5 NAAQS violations.
The Calcagni Memorandum provides additional guidance on the content
of a maintenance plan. The memorandum states that a maintenance plan
should address the following items: The attainment emissions inventory,
a maintenance demonstration showing maintenance for the ten years of
the maintenance period, a commitment to maintain the existing
monitoring network, factors and procedures to be used for verification
of continued attainment of the NAAQS, and a contingency plan to prevent
or correct future violations of the NAAQS.
As discussed in detail in the section below, the state's
maintenance plan submission expressly documents that the area's
emissions inventory and modeling show that the area will remain below
the attainment year inventories through 2030, more than ten years after
redesignation.
b. Attainment Inventory
Illinois developed an emissions inventory for annual
PM2.5 emissions for 2008, one of the years in the period
during which the St. Louis area monitored attainment of the 1997 annual
PM2.5 NAAQS. The attainment levels of emissions are
summarized in Tables 3 through 7, along with future maintenance
projections.
c. Demonstration of Maintenance
As discussed above, EPA has determined that the St. Louis area
attained the 1997 annual PM2.5 NAAQS based on monitoring
data for the 3-year period from 2007-2009 and based on 2015-2017
monitoring data continues to attain the standard. In its maintenance
plan, Illinois selected 2008 as the attainment emission inventory year.
The attainment inventory identifies the level of emissions in the St.
Louis area that is sufficient to attain the 1997 annual
PM2.5 NAAQS. Illinois began development of the attainment
inventory by first generating a baseline emissions inventory for the
St. Louis area. The year 2008 was chosen as the base year for
developing a comprehensive emissions inventory for direct
PM2.5, NOX, SO2, VOC, and
NH3. The projected inventory included with the maintenance
plan estimates emissions forward to 2025 and 2030, which satisfies the
ten year interval required in section 175A of the CAA.
The emissions inventories address four major types of sources:
Point, area, onroad mobile, and nonroad mobile. The future year
emissions inventories have been estimated using projected rates of
growth in population, traffic, economic activity, expected control
programs, and other parameters. Nonroad mobile emissions estimates were
based on EPA's nonroad mobile model, with the exception of the railroad
locomotives, commercial marine, and aircraft. Onroad mobile source
emissions were calculated using EPA's MOVES2014a onroad mobile emission
model. The 2008 PM2.5, NOX, SO2, VOC,
and NH3 emissions for St. Louis area, as well as the
emissions for other years, were developed consistent with EPA guidance.
Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the area ``for at least 10 years after the redesignation.'' EPA has
interpreted this as a showing of maintenance ``for a period of ten
years following redesignation.'' Calcagni Memorandum, p. 9. Where the
emissions inventory method of showing maintenance is used, the purpose
is to show that emissions during the maintenance period will not
increase over the attainment year inventory. Id. at pp. 9-10.
As discussed in detail below, Illinois' maintenance plan submission
expressly documents that the St. Louis area's overall emissions
inventories will remain well below the attainment year inventories
through 2030. In addition, for the reasons set forth below, EPA
believes that the St. Louis area will continue to maintain the 1997
annual PM2.5 NAAQS through 2030. Thus, if EPA finalizes its
proposed approval of the redesignation request and maintenance plan,
the approval will be based upon this showing, in accordance with
section 175A, and EPA's analysis described herein, that the Illinois
maintenance plan provides for maintenance for at least 10 years after
redesignation.
The maintenance plan for the St. Louis 1997 annual PM2.5
area includes a maintenance demonstration that:
(i) Shows compliance with and maintenance of the annual
PM2.5 standard by providing information to support the
demonstration that current and future emissions of PM2.5 and
NOX, as well as other precursors, remain at or below 2008
emissions levels.
(ii) Uses 2008 as the attainment year and includes future emission
inventory projections for 2025 and 2030.
(iii) Identifies an ``out year'' at least ten years after EPA
review and potential approval of the maintenance plan. Per 40 CFR part
93, PM2.5, and NOX MVEBs were established for the
last year (2030) of the maintenance plan.
(iv) Provides, as shown in Tables 3 through 7 below, the estimated
and projected emissions inventories, in tons per year, covering only
the Illinois portion of the St. Louis, MO-IL area, for
PM2.5, NOX, SO2, VOC, and
NH3.
Table 3--St. Louis Area PM2.5 Emission Inventories
[Tons/year]
----------------------------------------------------------------------------------------------------------------
Sector 2008 Attainment 2030 Maintenance Difference
----------------------------------------------------------------------------------------------------------------
Point.................................................. 2,438.05 2,350.90 -87.15
Area................................................... 4,749.40 4,656.69 -92.71
Onroad................................................. 524.49 104.24 -420.25
[[Page 10467]]
Offroad................................................ 425.04 304.41 -120.63
--------------------------------------------------------
Total.............................................. 8,136.98 7,416.24 -720.74
----------------------------------------------------------------------------------------------------------------
Table 4--2002 and 2008 Emissions Totals for the St. Louis 1997 Annual PM2.5 NAAQS
[Tons/year]
----------------------------------------------------------------------------------------------------------------
Sector 2008 Attainment 2030 Maintenance Difference
----------------------------------------------------------------------------------------------------------------
Point.................................................. 16,608.41 14,519.27 -2,089.14
Area................................................... 1,638.36 1,766.40 128.04
Onroad................................................. 17,965.82 2,984.38 -14,981.44
Offroad................................................ 8,509.49 9,222.09 712.60
--------------------------------------------------------
Total.............................................. 44,722.08 28,492.14 -16,229.94
----------------------------------------------------------------------------------------------------------------
Table 5--St. Louis Area SO2 Emission Inventories
[Tons/year]
----------------------------------------------------------------------------------------------------------------
Sector 2008 Attainment 2030 Maintenance Difference
----------------------------------------------------------------------------------------------------------------
Point.................................................. 49,895.15 47,652.59 -2,242.56
Area................................................... 246.64 275.09 28.45
Onroad................................................. 60.26 51.76 -8.50
Offroad................................................ 355.25 432.68 77.43
--------------------------------------------------------
Total.............................................. 50,577.33 48,412.12 -2,165.21
----------------------------------------------------------------------------------------------------------------
Table 6--St. Louis Area VOC Emission Inventories
[Tons/year]
----------------------------------------------------------------------------------------------------------------
Sector 2008 Attainment 2030 Maintenance Difference
----------------------------------------------------------------------------------------------------------------
Point.................................................. 4,270.41 6,071.31 1,800.90
Area................................................... 7,796.35 9,676.73 1,880.38
Onroad................................................. 6,741.77 1,402.96 -5,338.81
Offroad................................................ 2,994.51 1,605.73 -1,388.78
--------------------------------------------------------
Total.............................................. 21,753.04 18,756.74 -2,996.30
----------------------------------------------------------------------------------------------------------------
Table 7--St. Louis Area NH3 Emission Inventories
[Tons/year]
----------------------------------------------------------------------------------------------------------------
Difference 2008-
Sector 2008 Attainment 2030 Maintenance 2030
----------------------------------------------------------------------------------------------------------------
Point.................................................. 208.31 270.38 62.07
Area................................................... 3,354.13 3,381.35 27.22
Onroad................................................. 304.71 187.59 -117.12
Offroad................................................ 6.04 8.94 2.9
--------------------------------------------------------
Total.............................................. 3,873.19 3,848.27 -24.92
----------------------------------------------------------------------------------------------------------------
As discussed in the section below, the state's maintenance plan
submission expressly documents that the area's emission levels will
remain below the attainment year emission levels through 2030.
d. Monitoring Network
Illinois and Missouri each currently operate five monitors for
purposes of determining attainment with the annual PM2.5
standard for the St. Louis area. EPA has determined that the monitors
maintained by both Illinois and Missouri constitute an adequate
monitoring network.
e. Verification of Continued Attainment
Illinois remains obligated to continue to quality-assure monitoring
data and enter all data into the AQS in accordance with Federal
guidelines in accordance with 40 CFR part 58. Illinois will use these
data, supplemented with additional information as necessary, to assure
that the area continues to attain the standard. Illinois will also
continue to develop and submit periodic emission inventories as
required by the Federal Consolidated Emissions
[[Page 10468]]
Reporting Rule (67 FR 39602, June 10, 2002) to track future levels of
emissions. These actions will help to verify continued attainment in
accordance with 40 CFR part 58.
f. Contingency Plan
The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all pollution control measures that were contained in the SIP
before redesignation of the area to attainment. See section 175A(d) of
the CAA.
The Illinois contingency plan defines Level I and Level II
contingency measure triggers. The Level I triggers are activated when
the PM2.5 average of the weighted annual mean of 15.0
[micro]g/m\3\ or greater occurs in a single calendar year within the
maintenance area or the total maintenance area emissions increase 5% or
more above the 2008 inventory. A Level I trigger response will consist
of a study, to be completed within nine months, to determine whether
the PM2.5 value indicates a trend toward higher
PM2.5 values or whether emissions appear to be increasing.
The Level II trigger will be prompted whenever a violation of the
standard (three-year average of the weighted annual means of greater
than 15.0 [micro]g/m\3\). If the Level II trigger occurs, Illinois will
conduct an analysis to determine control measures to address the
violation within six months. Level II trigger measures that can be
implemented in a short time will be selected to be in place within 18
months from the close of the calendar year that prompted the action
level. Illinois will also consider the timing of an action level
trigger and determine if additional, significant new regulations not
currently included as part of the maintenance provisions will be
implemented in a timely manner and will constitute our response.
Because it is not possible to determine what control measures will
be appropriate at an unspecified time in the future, Illinois provides
that additional facility-specific controls requiring reductions in
NOX, PM2.5, SO2 and/or VOC emissions
and broader geographic applicability of existing measures are options
for implementation.
As required by section 175A(b) of the CAA, Illinois commits to
submit to EPA an updated PM2.5 maintenance plan eight years
after redesignation of the St. Louis area to cover an additional ten
year period beyond the initial ten year maintenance period.
For the reasons set forth above, EPA is proposing to approve
Illinois' 1997 annual PM2.5 maintenance plan for the St.
Louis area as meeting the requirements of CAA section 175A.
Illinois further commits to conduct ongoing review of its data, and
if monitored concentrations or emissions are trending upward, Illinois
commits to take appropriate steps to avoid a violation if possible.
Illinois commits to continue implementing SIP requirements upon and
after redesignation.
EPA finds that Illinois' contingency measures, as well as the
commitment to continue implementing any SIP requirements, satisfy the
pertinent requirements of section 175A.
5. Motor Vehicle Emissions Budget (MVEBs) for PM2.5 and
NOX, and Safety Margin for the St. Louis Area
The maintenance plan submitted by Illinois for the St. Louis area
contains new primary PM2.5, NOX, and VOC MVEBs
for the area for the years 2008 and 2030. MVEBs are the projected
levels of controlled emissions from the transportation sector (mobile
sources) that are estimated in the SIP to provide for maintenance of
the ozone standard. The MVEBs were calculated using MOVES2014a. Table 8
details Illinois' 2008 and 2030 MVEBs for the St. Louis area.
Table 8--MVEBs for the St. Louis 1997 Annual PM2.5 Maintenance Plan
[tons/year]
------------------------------------------------------------------------
Pollutant 2008 MVEB 2030 MVEB
------------------------------------------------------------------------
PM2.5................................... 524.49 208.29
NOX..................................... 17,965.82 5,980.67
VOC..................................... 6,741.77 2,470.72
------------------------------------------------------------------------
Illinois included ``safety margins'' as provided for in 40 CFR
93.124(a). A ``safety margin'', as defined in the transportation
conformity rule (40 CFR part 93, subpart A), is the amount by which the
total projected emissions from all sources of a given pollutant are
less than the total emissions that would satisfy the applicable
requirement for reasonable further progress, attainment, or
maintenance. The attainment level of PM2.5, NOX,
and VOC emissions for the St. Louis area is shown in tables 3, 4, and
6. Table 9 shows the remaining safety margin for the St. Louis area
following the allocation to the PM2.5, NOX, and
VOC MVEBs.
Table 9--2030 Safety Margin for St. Louis 2012 annual PM2.5 Maintenance Plan
[tons/year]
----------------------------------------------------------------------------------------------------------------
Safety margin
Pollutant 2030 Safety allocated to 2030 Safety margin
margin MVEB remaining
----------------------------------------------------------------------------------------------------------------
PM2.5.................................................. 720.74 104.05 616.69
NOX.................................................... 16,299.94 2,996.29 13,233.65
VOC.................................................... 2,996.3 1,067.76 1,928.54
----------------------------------------------------------------------------------------------------------------
The 2008 actual and 2030 projected emissions, even with this
allocation, will be below the 2008 attainment year emissions for
PM2.5, NOX, and VOC. For this reason, EPA finds
that the allocation of the safety margin to the MVEBs for the St. Louis
area meet the requirements of the transportation conformity regulations
at 40 CFR part 93,and are approvable. Once allocated to mobile sources,
these portions of the safety margins will not be available for use by
other sources.
[[Page 10469]]
6. Comprehensive Emissions Inventory for the St. Louis Area
As discussed above, section 172(c)(3) of the CAA requires areas to
submit a comprehensive emissions inventory including direct PM and all
four precursors (SO2, NOX, VOCs, and ammonia).
Actual emissions contained in the submittal cover the general source
categories of point sources, area sources, onroad mobile sources, and
nonroad mobile sources for the base attainment year of 2008.
For this reason, EPA proposes to approve the emissions inventory as
complete and accurate, and meets the requirement of CAA section
172(c)(3).
V. What are the effects of EPA's actions?
EPA is proposing to change the official designation of the St.
Louis area for the 1997 annual PM2.5 NAAQS, found at 40 CFR
part 81, from nonattainment to attainment. EPA is proposing to
determine that the St. Louis area has attained the 1997 annual
PM2.5 standard, based on the most recent three years of
certified air quality data. This action also proposes to approve the
maintenance plan for the 1997 annual PM2.5 NAAQS as
revisions to the Illinois SIP for the St. Louis area. Also, the EPA
proposes to approve the 2008 emissions inventory for the St. Louis area
as well as the 2008 and 2030 MVEBs for the St. Louis area. These MVEBs
will be used in future transportation conformity analyses for the area.
In addition, if finalized, according to the Fine Particulate Matter
National Ambient Air Quality Standards: State Implementation Plan
Requirements (81 FR 58009, August 24, 2016), ``for an area that is
redesignated to attainment after the effective date of this final rule,
the 1997 primary annual PM2.5 NAAQS will be revoked in such
an area on the effective date of its redesignation to attainment for
that NAAQS. After revocation of the 1997 primary annual
PM2.5 NAAQS in a given area, the designation for that
standard is no longer in effect.''
VI. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA 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 required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application 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 Act 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 these reasons, these actions:
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 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, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 11, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-05285 Filed 3-20-19; 8:45 am]
BILLING CODE 6560-50-P