Air Plan Approval; Illinois; Redesignation of the Illinois Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to Attainment of the 2008 Ozone Standard, 13668-13686 [2022-05020]
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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Proposed Rules
which is incorporated by reference in 14
CFR 71.1. The RNAV route listed in this
document would be published
subsequently in FAA Order JO 7400.11.
FAA Order JO 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this proposed rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
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Issued in Washington, DC, on March 3,
2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022–05034 Filed 3–9–22; 8:45 am]
FEDERAL TRADE COMMISSION
[File No. R207009]
16 CFR Part 4
Petition for Rulemaking of NetChoice
et al.; Correction
Federal Trade Commission.
ACTION: Receipt of petition; correction.
AGENCY:
The Federal Trade
Commission (‘‘Commission’’) published
a document in the Federal Register of
March 3, 2022, concerning the receipt
from and request for comments on a
petition for rulemaking by NetChoice,
Americans for Prosperity, Hispanic
Leadership Fund, Innovation Economy
Institute, Institute for Policy Innovation,
James Madison Institute, National
Taxpayers Union, R Street Institute, and
Young Voices. The document contained
an incorrect subject heading. The
Commission is issuing this correction to
provide the correct subject heading.
FOR FURTHER INFORMATION CONTACT:
Daniel Freer (phone: 202–326–2663,
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
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1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11F,
Airspace Designations and Reporting
Points, dated August 10, 2021, and
effective September 15, 2021, is
amended as follows:
■
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
Paragraph 6011 United States Area
Navigation Routes.
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*
146°35′57.61″
145°26′50.51″
145°43′02.09″
145°16′35.97″
*
*
*
W)
W)
W)
W)
email: dfreer@ftc.gov), Office of the
Secretary, Federal Trade Commission,
600 Pennsylvania Avenue NW,
Washington, DC 20580.
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
[EPA–R05–OAR–2022–0137; FRL–9604–01–
R5]
Correction
BILLING CODE 4910–13–P
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
T–226 Johnstone Point, AK (JOH) to Fort Yukon, AK (FYU) [Amended]
Johnstone Point, AK (JOH)
VOR/DME
(Lat. 60°28′51.43″ N, long.
Gulkana, AK (GKN)
VOR/DME
(Lat. 62°09′13.51″ N, long.
Big Delta, AK (BIG)
VORTAC
(Lat. 64°00′16.06″ N, long.
Fort Yukon, AK (FYU)
VORTAC
(Lat. 66°34′27.31″ N, long.
proposes to amend 14 CFR part 71 as
follows:
In FR Doc. 2022–04489 appearing at
87 FR 12003 in the Federal Register of
Thursday, March 3, 2022, on page
12003, at the top of the second column,
change the subject heading to read
[Petition for Rulemaking of NetChoice et
al.] as set forth above. The initial subject
heading of [Petition for Rulemaking of
Institute for Policy Integrity] was
incorrect.
Dated: March 4, 2022.
April J. Tabor,
Secretary.
[FR Doc. 2022–04986 Filed 3–9–22; 8:45 am]
BILLING CODE 6750–01–P
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40 CFR Parts 52 and 81
Air Plan Approval; Illinois;
Redesignation of the Illinois Portion of
the Chicago-Naperville, IllinoisIndiana-Wisconsin Area to Attainment
of the 2008 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to find that
the Illinois portion of the ChicagoNaperville, IL-IN-WI area (Chicago area)
is attaining the 2008 ozone National
Ambient Air Quality Standard (NAAQS
or standard) and to act in accordance
with a request from Illinois submitted
on January 25, 2022 to redesignate the
Illinois portion of the Chicago area to
attainment for the 2008 ozone NAAQS
because the request meets the statutory
requirements for redesignation under
the Clean Air Act (CAA). EPA is
proposing to approve, as a revision to
the Illinois State Implementation Plan
(SIP), the State’s plan for maintaining
the 2008 ozone NAAQS through 2035 in
the Illinois portion of the Chicago area.
EPA finds adequate and is proposing to
approve the 2035 volatile organic
SUMMARY:
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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Proposed Rules
compound (VOC) and oxides of nitrogen
(NOX) Motor Vehicle Emission Budgets
(Budgets) for the Illinois portion of the
Chicago area. Pursuant to section 110
and part D of the CAA, EPA is
proposing to approve the VOC
reasonably available control technology
(RACT), enhanced motor vehicle
inspection and maintenance (I/M),
clean-fuel vehicle programs (CFVP), and
the enhanced monitoring of ozone and
ozone precursors (EMP) SIP revisions
submitted by Illinois, because they
satisfy serious SIP requirements of the
CAA for the Illinois portion of the
Chicago area. Finally, EPA is proposing
to approve a CAA section 182(f) waiver
from NOX RACT requirements for the
Illinois portion of the Chicago area
under the 2008 ozone NAAQS.
DATES: Comments must be received on
or before April 11, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2022–0137 at https://
www.regulations.gov or via email to
blakley.pamela@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:
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR 18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
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‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA’s analysis of Illinois’
redesignation request?
V. Has the state adopted approvable motor
vehicle emission budgets?
VI. VOC RACT
VII. Enhanced I/M
VIII. Clean Fuels Vehicles Program
IX. Enhanced Monitoring Plan
X. NOX RACT Waiver
XI. Proposed Actions
XII. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing to take several
related actions. First, EPA is proposing
to determine that the Illinois portion of
the Chicago nonattainment area is
attaining the 2008 ozone NAAQS, based
on quality-assured and certified
monitoring data for the 2019–2021
period. The Illinois portion of the
Chicago area consists of Cook, DuPage,
Kane, Lake, McHenry, and Will
Counties and portions of Grundy (Aux
Sable and Goose Lake Townships) and
Kendall (Oswego Township) Counties in
Illinois; the portions of the Chicago area
outside of Illinois are Lake and Porter
Counties in Indiana, and the portion of
Kenosha County, Wisconsin east of
Interstate 94. The Illinois portion of the
Chicago area has met the requirements
for redesignation under section
107(d)(3)(E) of the CAA. EPA is thus
proposing to change the legal
designation of the Illinois portion of the
Chicago area from nonattainment to
attainment for the 2008 ozone NAAQS.
EPA is proposing to approve, as a
revision to the Illinois SIP, the State’s
maintenance plan (such approval being
one of the CAA criteria for redesignation
to attainment status) for the area. The
maintenance plan is designed to keep
the Chicago area in attainment of the
2008 ozone NAAQS through 2035. As
part of the maintenance plan, EPA is
proposing to approve the 2035 VOC and
NOX Budgets for the Illinois portion of
the Chicago area. EPA is also proposing
to approve several elements which meet
section 110 and part D of the CAA and
EPA’s regulations for an area which is
classified as serious nonattainment for
the 2008 ozone NAAQS. These elements
include VOC RACT which includes the
Stepan Co. construction permit,
Enhanced I/M certification, the CFVP,
and the EMP SIP revisions submitted by
Illinois. Finally, EPA is proposing to
approve a CAA section 182(f) waiver
from NOX RACT requirements for the
Illinois portion of the Chicago area
under the 2008 ozone NAAQS. This
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NOX RACT waiver is based on the most
recent three years of complete, certified
ozone monitoring data, which show
attainment of the 2008 ozone NAAQS in
the Chicago area and demonstrate that
additional reduction of NOX emissions
in the area would not contribute to
attainment of the 2008 ozone NAAQS.
II. What is the background for these
actions?
EPA has determined that ground-level
ozone is detrimental to human health.
On March 27, 2008, EPA promulgated a
revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR part 50, the 2008
ozone NAAQS is attained in an area
when the 3-year average of the annual
fourth highest daily maximum 8-hour
average concentration is equal to or less
than 0.075 ppm, when truncated after
the thousandth decimal place, at all of
the ozone monitoring sites in the area.
See 40 CFR 50.15 and appendix P to 40
CFR part 50.
Upon promulgation of a new or
revised NAAQS, section 107(d)(1)(B) of
the CAA requires EPA to designate as
nonattainment any areas that are
violating the NAAQS, based on the most
recent three years of quality assured
ozone monitoring data. The Chicago
area was originally designated as a
marginal nonattainment area for the
2008 ozone NAAQS on June 11, 2012
(77 FR 34221), effective July 20, 2012.
EPA reclassified the Chicago area from
marginal to moderate nonattainment on
May 4, 2016 (81 FR 26697), effective
June 3, 2016. The Chicago area was
again reclassified to serious on August
23, 2019 (84 FR 44238), effective
September 23, 2019.
III. What are the criteria for
redesignation?
Section 107(d)(3)(E) of the CAA
allows redesignation of an area to
attainment of the NAAQS provided that:
(1) The Administrator (EPA) determines
that the area has attained the NAAQS;
(2) the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k) of the
CAA; (3) the Administrator determines
that the improvement in air quality is
due to permanent and enforceable
reductions in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the state
containing the area has met all
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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Proposed Rules
requirements applicable to the area for
the purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided
guidance on redesignations in the
General Preamble for the
Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) (the
‘‘General Preamble’’) and supplemented
this guidance on April 28, 1992 (57 FR
18070). EPA has provided further
guidance on processing redesignation
requests in the following documents:
1. ‘‘Ozone and Carbon Monoxide Design
Value Calculations,’’ Memorandum from Bill
Laxton, Director, Technical Support Division,
June 18, 1990;
2. ‘‘Maintenance Plans for Redesignation of
Ozone and Carbon Monoxide Nonattainment
Areas,’’ Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
3. ‘‘Contingency Measures for Ozone and
Carbon Monoxide (CO) Redesignations,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
June 1, 1992;
4. ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992 (the ‘‘Calcagni Memorandum’’);
5. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992;
6. ‘‘Technical Support Documents (TSDs)
for Redesignation of Ozone and Carbon
Monoxide (CO) Nonattainment Areas,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone
and Carbon Monoxide (CO) National
Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation,
September 17, 1993;
8. ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone and
CO Nonattainment Areas,’’ Memorandum
from D. Kent Berry, Acting Director, Air
Quality Management Division, November 30,
1993;
9. ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994; and
10. ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National Ambient
Air Quality Standard,’’ Memorandum from
John S. Seitz, Director, Office of Air Quality
Planning and Standards, May 10, 1995.
IV. What is EPA’s analysis of Illinois’
redesignation request?
A. Has the Chicago area attained the
2008 ozone NAAQS?
For redesignation of a nonattainment
area to attainment, the CAA requires
EPA to determine that the Illinois
portion of Chicago area has attained the
applicable NAAQS (CAA section
107(d)(3)(E)(i)). An area is attaining the
2008 ozone NAAQS if it meets the 2008
ozone NAAQS, as determined in
accordance with 40 CFR 50.15 and
appendix U of part 50, based on three
complete, consecutive calendar years of
quality-assured air quality data for all
monitoring sites in the area. To attain
the NAAQS, the 3-year average of the
annual fourth-highest daily maximum 8hour average ozone concentrations
(ozone design values) at each monitor
must not exceed 0.075 ppm. The air
quality data must be collected and
quality-assured in accordance with 40
CFR part 58 and recorded in EPA’s Air
Quality System (AQS). Ambient air
quality monitoring data for the 3-year
period must also meet data
completeness requirements. An ozone
design value is valid if daily maximum
8-hour average concentrations are
available for at least 90 percent of the
days within the ozone monitoring
seasons,1 on average, for the 3-year
period, with a minimum data
completeness of 75 percent during the
ozone monitoring season of any year
during the 3-year period. See section 4
of appendix P to 40 CFR part 50.
EPA has reviewed the available ozone
monitoring data from monitoring sites
in the Chicago area for the 2019–2021
period. These data have been quality
assured, are recorded in the Air Quality
System (AQS), and have been certified.
These data demonstrate that the Chicago
area is attaining the 2008 ozone
NAAQS. The annual fourth-highest 8hour ozone concentrations and the 3year average of these concentrations
(monitoring site ozone design values)
for each monitoring site are summarized
in Table 1.
TABLE 1—ANNUAL FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS (ppm) AND 3-YEAR AVERAGE OF
THE FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE CHICAGO AREA
Monitoring site
(AQS site ID)
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State/county
Illinois:
Cook .......................
Cook .......................
Cook .......................
Cook .......................
Cook .......................
Cook .......................
Cook .......................
Cook .......................
Cook .......................
Cook .......................
DuPage ...................
Kane .......................
Lake ........................
McHenry .................
Will ..........................
Indiana:
Lake ........................
Lake ........................
Porter ......................
2020
2021
3-Year
average
2019–2021
Alsip (17–031–0001) ...........................................
Chicago—SWFP (17–031–0032) ........................
Chicago—ComED (17–031–0076) ......................
Chicago—Taft (17–031–1003) ............................
Lemont (17–031–1601) .......................................
Shiller Park (17–031–3103) .................................
Cicero (17–031–4002) .........................................
Des Plaines (17–031–4007) ................................
Northbrook (17–031–4201) .................................
Evanston (17–031–7002) ....................................
Lisle (17–043–6001) ............................................
Elgin (17–089–0005) ...........................................
Zion (17–097–1007) ............................................
Cary (17–111–0001) ............................................
Braidwood (17–197–1011) ..................................
0.070
0.071
0.065
0.069
0.068
0.064
0.064
0.066
0.069
0.069
0.066
0.071
0.066
0.070
0.060
0.076
0.077
0.063
0.076
0.078
0.068
0.079
0.072
0.079
0.074
0.073
0.073
0.076
0.076
0.067
0.068
0.077
0.070
0.068
0.072
0.060
0.067
0.069
0.075
0.078
0.069
0.068
0.077
0.069
0.065
0.071
0.075
0.067
0.071
0.072
0.064
0.070
0.069
0.074
0.073
0.070
0.070
0.073
0.071
0.064
Gary (18–089–0022) ...........................................
Hammond (18–089–2008) ...................................
Ogden Dunes (18–127–0024) .............................
0.066
0.065
0.068
0.074
0.071
0.076
0.070
0.068
0.072
0.069
0.068
0.072
1 The ozone season is defined by state in 40 CFR
58 appendix D. The ozone season for Illinois is
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(October 26, 2015).
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TABLE 1—ANNUAL FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS (ppm) AND 3-YEAR AVERAGE OF
THE FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE CHICAGO AREA—Continued
Monitoring site
(AQS site ID)
Porter ......................
Wisconsin:
Kenosha .................
Kenosha .................
Valparaiso (18–127–0026) ..................................
0.071
0.067
0.066
0.068
Chiwaukee (55–059–0019) .................................
Kenosha (55–059–0025) .....................................
0.067
0.066
0.078
0.078
0.079
0.072
0.074
0.072
The Chicago area’s 3-year ozone
design value for 2019–2021 is 0.075
ppm,2 which meets the 2008 ozone
NAAQS. Therefore, in today’s action,
EPA proposes to determine that the
Illinois portion of the Chicago area is
attaining the 2008 ozone NAAQS.
EPA will not take final action to
determine that the Illinois portion of the
Chicago area is attaining the NAAQS,
nor to approve the redesignation of the
Illinois portion of the Chicago area, if
the design value of a monitoring site in
the area violates the NAAQS after
proposal but prior to final approval of
the redesignation. As discussed in
section IV.D.3. below, Illinois has
committed to continue monitoring
ozone in this area to verify maintenance
of the 2008 ozone NAAQS.
B. Has Illinois met all applicable
requirements of section 110 and part D
of the CAA for the Illinois portion of the
Chicago area, and does Illinois have a
fully approved SIP for the area under
section 110(k) of the CAA?
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3-Year
average
2019–2021
State/county
As criteria for redesignation of an area
from nonattainment to attainment of a
NAAQS, the CAA requires EPA to
determine that the state has met all
applicable requirements under section
110 and part D of the CAA (see section
107(d)(3)(E)(v) of the CAA) and that the
state has a fully approved SIP under
section 110(k) of the CAA (see section
107(d)(3)(E)(ii) of the CAA). EPA finds
that Illinois has met all applicable SIP
requirements, for purposes of
redesignation, under section 110 and
part D of the CAA (requirements
specific to nonattainment areas for the
2008 ozone NAAQS). The Illinois
submittal included several
nonattainment plan elements to address
the serious nonattainment area
requirements for the Illinois portion of
the Chicago area for the 2008 ozone
NAAQS. These include VOC RACT,
CFVP, EMP, Enhanced I/M, and a 182(f)
waiver from NOX RACT. As discussed
in sections VI through X below, EPA is
proposing to approve these elements as
2 The monitor ozone design value for the monitor
with the highest 3-year averaged concentration.
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meeting the requirements of section
182(c) of the CAA for the Illinois
portion of the Chicago area under the
2008 ozone NAAQS. With the exception
of those SIP elements, EPA finds that all
applicable requirements of the Illinois
SIP for the Chicago area, for purposes of
redesignation, have been fully approved
under section 110(k) of the CAA.
Recognizing that the serious VOC
RACT, CFVP, EMP, enhanced I/M, and
182(f) waiver from NOX RACT must be
approved on or before we complete final
rulemaking redesignating the area, we
determine here that, assuming that this
occurs, Illinois will have met all
applicable section 110 and part D SIP
requirements of the CAA for purposes of
redesignation. In making these
determinations, EPA ascertained which
CAA requirements are applicable to the
Illinois portion of the Chicago area and
the Illinois SIP and, if applicable,
whether the required Illinois SIP
elements are fully approved under
section 110(k) and part D of the CAA.
As discussed more fully below, SIPs
must be fully approved only with
respect to currently applicable
requirements of the CAA.
The September 4, 1992 Calcagni
memorandum describes EPA’s
interpretation of section 107(d)(3)(E) of
the CAA. Under this interpretation, a
state and the area it wishes to
redesignate must meet the relevant CAA
requirements that are due prior to the
state’s submittal of a complete
redesignation request for the area. See
also the September 17, 1993, Michael
Shapiro memorandum and 60 FR 12459,
12465–66 (March 7, 1995)
(redesignation of Detroit-Ann Arbor,
Michigan to attainment of the 1-hour
ozone NAAQS). Applicable
requirements of the CAA that come due
subsequent to the state’s submittal of a
complete request remain applicable
until a redesignation to attainment is
approved, but are not required as a
prerequisite to redesignation. See
section 175A(c) of the CAA and Sierra
Club v. EPA, 375 F.3d 537 (7th Cir.
2004). See also 68 FR 25424, 25427
(May 12, 2003) (redesignation of the St.
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Louis/East St. Louis area to attainment
of the 1-hour ozone NAAQS).
Since EPA is proposing here to
determine that the area has attained the
2008 standard, under 40 CFR 51.918, if
that determination is finalized, the
requirements to submit certain planning
SIPs related to attainment, including
attainment demonstration requirements
(the reasonably available control
measures (RACM) requirement of
section 172(c)(1) of the CAA, the
reasonable further progress (RFP) and
attainment demonstration requirements
of sections 172(c)(2) and (6) and
182(b)(1) of the CAA, and the
requirement for contingency measures
of section 172(c)(9) of the CAA) would
not be applicable to the area as long as
it continues to attain the NAAQS and
would cease to apply upon
redesignation. In addition, in the
context of redesignations, EPA has
interpreted requirements related to
attainment as not applicable for
purposes of redesignation. For example,
in the General Preamble, EPA stated
that:
‘‘The section 172(c)(9) requirements
are directed at ensuring RFP and
attainment by the applicable date. These
requirements no longer apply when an
area has attained the standard and is
eligible for redesignation. Furthermore,
section 175A for maintenance plans
provides specific requirements for
contingency measures that effectively
supersede the requirements of section
172(c)(9) for these areas.’’ (General
Preamble, 57 FR at 13564).
See also Calcagni memorandum at 6
(‘‘The requirements for reasonable
further progress and other measures
needed for attainment will not apply for
redesignations because they only have
meaning for areas not attaining the
standard’’).
a. Section 110 General Requirements
for Implementation Plans
Section 110(a)(2) of the CAA
delineates the general requirements for
a SIP. Section 110(a)(2) provides that
the SIP must have been adopted by the
state after reasonable public notice and
hearing, and that, among other things, it
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must: (1) Include enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; (2)
provide for establishment and operation
of appropriate devices, methods,
systems and procedures necessary to
monitor ambient air quality; (3) provide
for implementation of a source permit
program to regulate the modification
and construction of stationary sources
within the areas covered by the plan; (4)
include provisions for the
implementation of part C prevention of
significant deterioration (PSD) and part
D new source review (NSR) permit
programs; (5) include provisions for
stationary source emission control
measures, monitoring, and reporting; (6)
include provisions for air quality
modeling; and, (7) provide for public
and local agency participation in
planning and emission control rule
development.
Section 110(a)(2)(D) of the CAA
requires SIPs to contain measures to
prevent sources in a state from
significantly contributing to air quality
problems in another state. To
implement this provision, EPA has
required certain states to establish
programs to address transport of certain
air pollutants, e.g., NOX SIP call, the
Clean Air Interstate Rule (CAIR), Cross
State Air Pollution Rule (CSAPR).
However, like many of the 110(a)(2)
requirements, the section 110(a)(2)(D)
SIP requirements are not linked with a
particular area’s ozone designation and
classification. EPA concludes that the
SIP requirements linked with the area’s
ozone designation and classification are
the relevant measures to evaluate when
reviewing a redesignation request for
the area. The section 110(a)(2)(D)
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area within the state. Thus, we believe
these requirements are not applicable
requirements for purposes of
redesignation. See 65 FR 37890 (June
15, 2000), 66 FR 50399 (October 19,
2001), 68 FR 25418, 25426–27 (May 13,
2003).
In addition, EPA believes that other
section 110 elements that are neither
connected with nonattainment plan
submissions nor linked with an area’s
ozone attainment status are not
applicable requirements for purposes of
redesignation. The area will still be
subject to these requirements after the
area is redesignated to attainment of the
2008 ozone NAAQS. The section 110
and part D requirements which are
linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
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reviewing a redesignation request. This
approach is consistent with EPA’s
existing policy on applicability (i.e., for
redesignations) of conformity
requirements, as well as with section
184 ozone transport requirements. See
Reading, Pennsylvania proposed and
final rulemakings, 61 FR 53174–53176
(October 10, 1996) and 62 FR 24826
(May 7, 1997); Cleveland-AkronLoraine, Wisconsin final rulemaking, 61
FR 20458 (May 7, 1996); and Tampa,
Florida final rulemaking, 60 FR 62748
(December 7, 1995). See also the
discussion of this issue in the
Cincinnati, Ohio ozone redesignation,
65 FR 37890 (June 19, 2000), and the
Pittsburgh, Pennsylvania ozone
redesignation, 66 FR 50399 (October 19,
2001).
We have reviewed the Illinois SIP and
have concluded that it meets the general
SIP requirements under section 110 of
the CAA, to the extent those
requirements are applicable for
purposes of redesignation.3
b. Part D Requirements
Section 172(c) of the CAA sets forth
the basic requirements of air quality
plans for states with nonattainment
areas that are required to submit them
pursuant to section 172(b). Subpart 2 of
part D, which includes section 182 of
the CAA, establishes specific
requirements for ozone nonattainment
areas depending on the areas’
nonattainment classifications.
The Chicago area is classified as
serious under subpart 2 for the 2008
ozone NAAQS. As such, the area is
subject to the subpart 1 requirements
contained in section 172(c) and section
176 as well as the subpart 2
requirements contained in sections
182(a), (b), and (c) (marginal, moderate,
and serious nonattainment area
requirements). A thorough discussion of
the requirements contained in section
172(c) and 182 can be found in the
General Preamble.
i. Subpart 1 Section 172 Requirements
Section 172(c)(1) 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. Under this requirement, a state
must consider all available control
measures, including reductions that are
available from adopting RACT on
existing sources, for a nonattainment
area and adopt and implement such
measures as are reasonably available in
3 EPA has previously approved provisions of the
Illinois SIP addressing section 110 elements under
the 2008 ozone NAAQS. See 79 FR 62042 (Oct. 16,
2014) and 84 FR 49671 (Sept. 23, 2019).
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the area as components of the area’s
attainment demonstration. Illinois
submitted an attainment demonstration
for the Illinois portion of the Chicago
2008 ozone NAAQS moderate
nonattainment area on January 10, 2019.
Because attainment has been reached in
the Illinois portion of the Chicago area,
no additional measures are needed to
provide for attainment, and section
172(c)(1) requirements are no longer
considered to be applicable as long as
the area continues to attain the standard
until redesignation. See 40 CFR 51.918.
If EPA finalizes the redesignation of the
area, EPA will take no further action on
the attainment demonstration submitted
by Illinois.
The RFP requirement under section
172(c)(2) is defined as progress that
must be made toward attainment. This
requirement is not relevant for purposes
of redesignation because the Chicago
area has monitored attainment of the
2008 ozone NAAQS. See General
Preamble, 57 FR at 13564.
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate and current inventory of actual
emissions. This requirement was
superseded by the inventory
requirement in section 182(a)(1)
discussed below.
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources in an area,
and section 172(c)(5) requires source
permits for the construction and
operation of new and modified major
stationary sources anywhere in the
nonattainment area. On February 6,
2019 (84 FR 2063), EPA approved
Illinois’ certification that its existing SIP
approved NSR regulations fully satisfy
the NSR requirements set forth in 40
CFR 51.165 for both marginal and
moderate ozone nonattainment areas for
the 2008 ozone NAAQS. Nonetheless,
EPA has determined that, since PSD
requirements will apply after
redesignation, an area being
redesignated need not comply with the
requirement that the NSR program be
approved prior to redesignation,
provided that the area demonstrates
maintenance of the NAAQS without
part D NSR. A more detailed rationale
for this view is described in a
memorandum from Mary Nichols,
Assistant Administrator for Air and
Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’ Illinois
has demonstrated that the Illinois
portion of the Chicago area will be able
to maintain the 2008 ozone NAAQS
without part D NSR in effect; therefore,
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EPA concludes that the state need not
have a fully approved part D NSR
program prior to approval of the
redesignation request. See rulemakings
for Detroit, Michigan (60 FR 12467–
12468, March 7, 1995); ClevelandAkron-Lorain, Ohio (61 FR 20458,
20469–20470, May 7, 1996); Louisville,
Kentucky (66 FR 53665, October 23,
2001); and Grand Rapids, Michigan (61
FR 31834–31837, June 21, 1996). The
Illinois PSD program will become
effective in the Illinois portion of the
Chicago area upon redesignation to
attainment. EPA approved Illinois’ PSD
program on September 9, 2021 (86 FR
50459).
Section 172(c)(6) requires the SIP to
contain control measures necessary to
provide for attainment of the standard.
Because attainment has been reached,
no additional measures are needed to
provide for attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, we
believe the Illinois SIP meets the
requirements of section 110(a)(2) for
purposes of redesignation.
Section 172(c)(9) requires the SIP to
provide for the implementation of
contingency measures if the area fails to
make reasonably further progress or to
attain the NAAQS by the attainment
deadline. Because the Illinois portion of
the Chicago area has attained the ozone
NAAQS and is no longer subject to an
RFP requirement, the section 172(c)(9)
contingency measures are not applicable
for purposes of redesignation. (General
Preamble, 57 FR at 13564). See also 40
CFR 51.918.
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ii. Section 176
Requirements
Conformity
Section 176(c) of the CAA requires
that federally supported or funded
projects conform to the applicable SIP.
The requirement to determine
conformity applies to transportation
plans, programs and projects that are
developed, funded or approved under
title 23 of the United States Code
(U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to
all other federally supported or funded
projects (general conformity). State
transportation conformity SIP revisions
must be consistent with Federal
conformity regulations relating to
consultation, enforcement and
enforceability that EPA promulgated
pursuant to its authority under the CAA.
EPA interprets the conformity SIP
requirements 4 as not applying for
4 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
Federal criteria and procedures for determining
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purposes of evaluating a redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and Federal
conformity rules apply where state
conformity rules have not been
approved. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748
(December 7, 1995) (redesignation of
Tampa, Florida).
EPA approved Illinois’ general
conformity SIP on December 23, 1997
(62 FR 67000). Illinois does not have a
federally approved transportation
conformity SIP. However, Illinois
performs conformity analyses pursuant
to EPA’s Federal conformity rules.
Illinois has also submitted 2035 VOC
and NOX Budgets for the Illinois portion
of the Chicago area. The metropolitan
planning organization that covers the
Illinois portion of this area must use
these Budgets in any conformity
determination that is effective on or
after the effective date of the
maintenance plan approval.
iii. Subpart 2 Section 182(a), (b), and
(c) Requirements
Section 182(a)(1) requires states to
submit a comprehensive, accurate, and
current inventory of actual emissions
from sources of VOC and NOX emitted
within the boundaries of the ozone
nonattainment area. EPA approved
Illinois’ base year emissions inventory
for the Illinois portion of the Chicago
area on March 7, 2016 (81 FR 11671)
and August 19, 2020 (85 FR 50955).
Under section 182(a)(2)(A), states
with ozone nonattainment areas that
were designated prior to the enactment
of the 1990 CAA amendments were
required to submit, within six months of
classification, all rules and corrections
to existing VOC RACT rules that were
required under section 172(b)(3) prior to
the 1990 CAA amendments. The Illinois
portion of the Chicago area is not
subject to the section 182(a)(2) RACT
‘‘fix up’’ requirement for the 2008 ozone
NAAQS because it was designated as
nonattainment for this standard after the
enactment of the 1990 CAA
amendments and because Illinois
complied with this requirement for the
Illinois portion of the Chicago area
under the prior 1-hour ozone NAAQS.
See February 21, 1980 (45 FR 11472);
November 21, 1987 (52 FR 45333); and
September 9, 1994 (59 FR 46562).
Section 182(a)(2)(B) requires each
state with a marginal ozone
transportation conformity. Transportation
conformity SIPs are different from SIPs requiring
the development of Motor Vehicle Emission
Budgets, such as control strategy SIPs and
maintenance plans.
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13673
nonattainment area that implemented or
was required to implement a vehicle I/
M program prior to the 1990 CAA
Amendments to submit a SIP revision
for an I/M program no less stringent
than that required prior to the 1990
CAA Amendments or already in the SIP
at the time of the CAA Amendments,
whichever is more stringent. For the
purposes of the 2008 ozone standard
and the consideration of Illinois’
redesignation request for this standard,
the Illinois portion of the Chicago area
is not subject to the section 182(a)(2)(B)
requirement because the area was
designated as nonattainment for the
2008 ozone standard after the enactment
of the 1990 CAA Amendments and
because Illinois complied with this
requirement for the Illinois portion of
the Chicago area under the prior 1-hour
ozone NAAQS.
Section 182(a)(3) requires states to
submit periodic emission inventories
and a revision to the SIP to require the
owners or operators of stationary
sources to annually submit emission
statements documenting actual VOC
and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule,
Illinois will continue to update its
emissions inventory at least once every
three years. EPA approved Illinois’
emission statement SIP for the Illinois
portion of the Chicago area for the 2008
ozone NAAQS on July 11, 2017 (82 FR
31913).
Section 182(b)(1) requires the
submission of an attainment
demonstration and RFP plan. Illinois
submitted an attainment demonstration
and RFP plan for the Illinois portion of
the Chicago 2008 ozone NAAQS
moderate nonattainment area on January
10, 2019. Because attainment has been
reached, section 182(b)(1) requirements
are no longer considered to be
applicable if the area continues to attain
the standard. If EPA finalizes approval
of the redesignation of the area, EPA
will take no further action on the
attainment demonstration submitted by
Illinois.
Section 182(b)(2) requires states with
moderate nonattainment areas to
implement VOC RACT with respect to
each of the following: (1) All sources
covered by a Control Technology
Guideline (CTG) document issued
between November 15, 1990, and the
date of attainment; (2) all sources
covered by a CTG issued prior to
November 15, 1990; and (3) all other
major non-CTG stationary sources. EPA
approved Illinois’ moderate VOC RACT
SIP for the Illinois portion of the
Chicago area on August 13, 2021 (86 FR
44616). Illinois submitted VOC RACT at
the serious major source threshold on
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January 25, 2022. As discussed in
section VI., below, EPA is proposing to
approve these submittals as meeting the
serious VOC RACT requirements of
section 182(b)(2) of the CAA. EPA will
not finalize this redesignation until we
have fully approved Illinois’ VOC RACT
SIP.
Section 182(b)(3) requires states to
adopt Stage II gasoline vapor recovery
regulations. On May 16, 2012 (77 FR
28772), EPA determined that the use of
onboard vapor recovery technology for
capturing gasoline vapor when gasolinepowered vehicles are refueled is in
widespread use throughout the highway
motor vehicle fleet and waived the
requirement that current and former
ozone nonattainment areas implement
Stage II vapor recovery systems on
gasoline pumps.
Section 182(b)(4) requires a basic
vehicle I/M program in each state with
a moderate ozone nonattainment area.
EPA approved Illinois’ enhanced I/M
program on February 22, 1999 (64 FR
8517) and on August 13, 2014 (79 FR
47377). EPA approved Illinois’ I/M
program certification for the Illinois
portion of the Chicago area for the
moderate classification of the 2008
ozone NAAQS on August 19, 2020 (85
FR 50955).
Regarding the source permitting and
offset requirements of sections
182(a)(2)(C), 182(a)(4), and 182(b)(5),
Illinois currently has a fully approved
part D NSR program in place. EPA
approved Illinois’ NSR SIP on May 13,
2003 (68 FR 25504), September 27, 1995
(60 FR 49778), December 17, 1992 (57
FR 59928), March 31, 1986 (51 FR
10837), September 25, 1985 (50 FR
38803), September 3, 1981 (46 FR
44172), and February 21, 1980 (45 FR
11470). Further, EPA approved Illinois’
SIP revision addressing the NSR
requirements for the 2008 ozone
NAAQS on February 6, 2019 (84 FR
2063). In addition, EPA approved
Illinois’ PSD program on September 9,
2021 (86 FR 50459), which will become
effective in the Illinois portion of the
Chicago area upon redesignation to
attainment.
Section 182(c) contains the
requirements for areas classified as
serious. On August 23, 2019 (84 FR
44238), EPA reclassified the Chicago
area from moderate to serious and
established August 3, 2020 and March
23, 2021 as the due dates for serious
area SIP revisions.
Section 182(c)(1) of the CAA requires
states with nonattainment areas
classified serious or higher to adopt and
implement a program to improve air
monitoring for ambient concentrations
of ozone, NOX and VOC. EPA initiated
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the Photochemical Assessment
Monitoring Stations (PAMS) program in
February 1993. The PAMS program
required the establishment of an
enhanced monitoring network in all
ozone nonattainment areas classified as
serious, severe, or extreme. On February
25, 1994 (59 FR 9091), EPA approved
Illinois’ SIP revision establishing an
EMP. For the reasons discussed in
section IX, EPA is proposing to approve
the Illinois’ EMP certification for the
2008 ozone NAAQS. EPA will not
finalize this redesignation until it has
approved the EMP program
certification.
CAA section 182(c)(3) requires states
with ozone nonattainment areas
classified as serious or higher to adopt
and implement a program for an
Enhanced I/M program. Illinois
submitted an Enhanced I/M
performance modeling analysis on
January 25, 2022 to support the I/M
program certification. For the reasons
discussed in section VII, below, EPA is
proposing to approve the Illinois I/M
certification as meeting the section
182(c)(3) serious enhanced I/M
requirements for the Illinois portion
under the 2008 ozone NAAQS. EPA will
not finalize this redesignation until it
has approved the I/M program
certification.
CAA section 182(c)(4) requires states
with ozone nonattainment areas
classified as serious or higher to submit
a SIP revision describing
implementation of a CFVP, as described
in CAA title II part C (40 CFR 88). EPA
approved Illinois’ CFVP on March 19,
1996 (61 FR 11139). CAA section
182(c)(4) included numerical standards
for the CFVP that were intended to
encourage innovation and reduce
emissions for fleets of motor vehicles in
certain nonattainment areas as
compared to conventionally fueled
vehicles available at the time. As
originally adopted, those Clean Fuel
Fleet standards were substantially more
stringent than the standards that applied
to vehicles and engines generally. Now
that EPA has begun implementing Tier
3 emission standards in 40 CFR part 86,
subpart S, the Clean Fuel Fleet
standards are either less stringent than
or equivalent to the standards that apply
to vehicles and engines generally. On
July 29, 2021 (86 FR 34308), EPA
published a final rule in which EPA
determined that vehicles and engines
certified to current emission standards
under 40 CFR part 86 or 1036 are
deemed to also meet the Clean Fuel
Fleet standards as Ultra Low-Emission
Vehicles.
For the reasons discussed in section
VIII., EPA is proposing to approve the
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Illinois’ certification that its current
CFVP meets the serious CFVP
requirements for the Illinois portion for
the 2008 ozone NAAQS. EPA will not
finalize this redesignation until it has
approved the CFVP program.
The remaining section 182(c)
requirements for areas classified as
serious include: An attainment
demonstration, RFP, RFP contingency
measures, and a transportation control
demonstration. These elements are not
needed to redesignate the Illinois
portion because the area has attained
the 2008 ozone NAAQS. This rationale
is outlined in 40 CFR 51.918, the
General Preamble, and the Calcagni
memorandum at 6 (‘‘The requirements
for reasonable further progress and other
measures needed for attainment will not
apply for redesignations because they
only have meaning for areas not
attaining the standard.’’). EPA believes
that it is reasonable to interpret these
provisions so as not to require areas that
are meeting the ozone standard to make
the SIP submissions to EPA described in
the provisions as long as the areas
continue to meet the standard. (If such
an area were to monitor a violation of
the standard prior to being redesignated
to attainment, however, the area would
have to address the pertinent
requirements and submit the SIP
revisions described in those provisions
to EPA.)
Thus, as discussed above, with
approval of Illinois’ VOC RACT,
enhanced I/M certification, the CFVP
certification, the EMP SIP section, and
the 182(f) waiver from NOX RACT, EPA
finds that the Illinois portion will satisfy
all applicable requirements for purposes
of redesignation under section 110 and
part D of the CAA.
Section 182(f) of the CAA establishes
NOX requirements for ozone
nonattainment areas. Section 182(f)(1)
generally requires major sources of NOX
to be covered by the same levels of
emission controls as required for major
sources of VOC. Since moderate (or
above) ozone nonattainment areas are
required to be covered by RACT rules
for major VOC sources, these ozone
nonattainment areas are also required to
have NOX RACT rules. Section 182(f)(1)
of the CAA, however, also provides that
the requirement for such NOX emission
controls does not apply (can be waived)
in an area if the Administrator
determines that net air quality benefits
are greater in the absence of the NOX
emission reductions. The NOX emission
control requirements can also be waived
if the Administrator determines that
additional reductions of NOX emissions
would not contribute to attainment of
the ozone NAAQS.
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On January 25, 2022, Illinois
requested a waiver from NOX RACT
requirements for the Illinois portion of
the Chicago area based on the fact that
the 2008 ozone standard had been
attained in the Chicago area and
additional NOX emission reductions in
this area are not needed to attain the
2008 ozone NAAQS. As discussed in
section X below, EPA is proposing to
grant Illinois a waiver from NOX RACT
for the Illinois portion of the Chicago
area for the 2008 ozone NAAQS.
The Illinois portion has a fully
approved SIP for purposes of
redesignation under section 110(k) of
the CAA. At various times, Illinois has
adopted and submitted, and EPA has
approved, provisions addressing the
various SIP elements applicable for the
ozone NAAQS. As discussed above, if
EPA finalizes approval of Illinois’ VOC
RACT submissions, enhanced I/M
certification, CFVP certification, EMP
certification, and 182(f) waiver from
NOX RACT, EPA will have fully
approved the Illinois SIP for the Illinois
portion of the Chicago area under
section 110(k) for all requirements
applicable for purposes of redesignation
under the 2008 ozone NAAQS. EPA
may rely on prior SIP approvals in
approving a redesignation request (see
the Calcagni memorandum at page 3;
Southwestern Pennsylvania Growth
Alliance v. Browner, 144 F.3d 984, 989–
990 (6th Cir. 1998); Wall v. EPA, 265
F.3d 426 (6th Cir. 2001)). Additional
measures may also be approved in
conjunction with a redesignation action
(see 68 FR 25426 (May 12, 2003) and
citations therein).
C. Are the air quality improvements in
the Chicago area due to permanent and
enforceable emission reductions?
To redesignate an area from
nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from the
implementation of the SIP and
applicable Federal air pollution control
regulations and other permanent and
enforceable emission reductions. EPA
has determined that Illinois has
demonstrated that that the observed
ozone air quality improvement in the
Illinois portion of the Chicago area is
due to permanent and enforceable
reductions in VOC and NOX emissions
resulting from state measures adopted
into the SIP and Federal measures.
In making this demonstration, the
state has calculated the change in
emissions between 2011 and 2019. The
reduction in emissions and the
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corresponding improvement in air
quality over this time period can be
attributed to several regulatory control
measures that the Chicago area and
upwind areas have implemented in
recent years. In addition, Illinois
provided an analysis to demonstrate the
improvement in air quality was not due
to unusually favorable meteorology.
Based on the information summarized
below, EPA finds that Illinois has
adequately demonstrated that the
improvement in air quality is due to
permanent and enforceable emissions
reductions.
1. Permanent and Enforceable Emission
Controls Implemented
a. Regional NOX Controls
Clean Air Interstate Rule (CAIR)/Cross
State Air Pollution Rule (CSAPR). Under
the ‘‘good neighbor provision’’ of CAA
section 110(a)(2)(D)(i)(I), states are
required to address interstate transport
of air pollution. Specifically, the good
neighbor provision provides that each
state’s SIP must contain provisions
prohibiting emissions from within that
state which will contribute significantly
to nonattainment of the NAAQS, or
interfere with maintenance of the
NAAQS, in any other state.
On May 12, 2005, EPA published
CAIR, which required eastern states,
including Illinois, to prohibit emissions
consistent with annual and ozone
season NOX budgets and annual sulfur
dioxide (SO2) budgets (70 FR 25152).
CAIR addressed the good neighbor
provision for the 1997 ozone NAAQS
and 1997 fine particulate matter (PM2.5)
NAAQS and was designed to mitigate
the impact of transported NOX
emissions, a precursor of both ozone
and PM2.5, as well as transported SO2
emissions, another precursor of PM2.5.
The United States Court of Appeals for
the District of Columbia Circuit (D.C.
Circuit) remanded CAIR to EPA for
replacement in 2008. North Carolina v.
EPA, 531 F.3d 896, modified, 550 F.3d
1176 (2008). While EPA worked on
developing a replacement rule,
implementation of the CAIR program
continued as planned with the NOX
annual and ozone season programs
beginning in 2009 and the SO2 annual
program beginning in 2010.
On August 8, 2011 (76 FR 48208),
acting on the D.C. Circuit’s remand, EPA
published CSAPR to replace CAIR and
to address the good neighbor provision
for the 1997 ozone NAAQS, the 1997
PM2.5 NAAQS, and the 2006 PM2.5
NAAQS. Through Federal
Implementation Plans, CSAPR required
electric generating units (EGUs) in
eastern states, including Illinois, to meet
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annual and ozone season NOX budgets
and annual SO2 budgets implemented
through new trading programs. After
delays caused by litigation, EPA started
implementing the CSAPR trading
programs in 2015, simultaneously
discontinuing administration of the
CAIR trading programs. On October 26,
2016, EPA published the CSAPR
Update, which established, starting in
2017, a new ozone season NOX trading
program for EGUs in eastern states,
including Illinois, to address the good
neighbor provision for the 2008 ozone
NAAQS (81 FR 74504). The CSAPR
Update is estimated to result in a 20
percent reduction in ozone season NOX
emissions from EGUs in the eastern
United States, a reduction of 80,000 tons
in 2017 compared to 2015 levels. The
reduction in NOX emissions from the
implementation of CAIR and then
CSAPR occurred by the attainment years
and additional emission reductions will
occur throughout the maintenance
period.
b. Illinois Point Source Reductions
Illinois has implemented several
programs to control emissions for point
sources. Illinois has RACT for all major
emissions sources and for all sources
covered by a CTG. A CTG is a document
issued by EPA which establishes a
‘‘presumptive norm’’ for RACT for a
specific VOC source category. Illinois
has adopted New Source Performance
Standards (NSPS) for three source
categories: Reciprocating Internal
Combustion Engine Standards;
Industrial/Commercial/Institutional
Steam Generating Units; and Crude Oil
and Natural Gas Production,
Transmission and Distribution. National
Emission Standards for Hazardous Air
Pollutants (NESHAP)/Maximum
Achievable Control Technology
(‘‘MACT’’) Standards that cover the
Reciprocating Internal Combustion
Engines, Industrial/Commercial/
Institutional Boilers and Process Heaters
source categories are also being
implemented in the Illinois portion.
c. Federal Emission Control Measures
Reductions in VOC and NOX
emissions have occurred statewide and
in upwind areas as a result of Federal
emission control measures, with
additional emission reductions expected
to occur in the future. Federal emission
control measures include the following:
Tier 3 Emission Standards for
Vehicles and Gasoline Sulfur Standards.
On April 28, 2014 (79 FR 23414), EPA
promulgated Tier 3 motor vehicle
emission and fuel standards to reduce
both tailpipe and evaporative emissions
and to further reduce the sulfur content
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in fuels. The rule is being phased in
between 2017 and 2025. Tier 3 sets new
tailpipe standards for the sum of VOC
and NOX and for particulate matter
(PM). The VOC and NOX tailpipe
standards for light-duty vehicles
represent approximately an 80 percent
reduction from today’s fleet average and
a 70 percent reduction in per-vehicle
PM standards. Heavy-duty tailpipe
standards represent about a 60 percent
reduction in both fleet average VOC and
NOX and per-vehicle PM standards. The
evaporative emissions requirements in
the rule will result in approximately a
50 percent reduction from current
standards and apply to all light-duty
and on-road gasoline-powered heavyduty vehicles. Finally, the rule lowered
the sulfur content of gasoline to an
annual average of 10 ppm by January
2017. As projected by these estimates
and demonstrated in the on-road
emission modeling for the Illinois
portion, some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period, as older vehicles
are replaced with newer, compliant
model years.
Heavy-Duty Diesel Engine Rules. In
July 2000, EPA issued a rule for on-road
heavy-duty diesel engines that includes
standards limiting the sulfur content of
diesel fuel. Emissions standards for
NOX, VOC, and PM were phased in
between model years 2007 and 2010. In
addition, the rule reduced the highway
diesel fuel sulfur content to 15 parts per
million by 2007, leading to additional
reductions in combustion NOX and VOC
emissions. EPA has estimated future
year emission reductions due to
implementation of this rule. Nationally,
EPA estimated that by 2015 NOX and
VOC emissions would decrease by
1,260,000 tons and 54,000 tons,
respectively. Nationally, EPA estimated
that by 2030 NOX and VOC emissions
will decrease by 2,570,000 tons and
115,000 tons, respectively. As projected
by these estimates and demonstrated in
the on-road emission modeling for the
Illinois portion, some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period, as older vehicles
are replaced with newer, compliant
model years.
Non-road Diesel Rule. On June 29,
2004 (69 FR 38958), EPA issued a rule
adopting emissions standards for nonroad diesel engines and sulfur
reductions in non-road diesel fuel. This
rule applies to diesel engines used
primarily in construction, agricultural,
and industrial applications. Emission
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standards were phased in for the 2008
through 2015 model years based on
engine size. The sulfur limits for nonroad diesel fuels were phased in from
2007 through 2012. EPA estimated that
compliance with this rule will cut NOX
emissions from these non-road diesel
engines by approximately 90 percent.
As projected by these estimates and
demonstrated in the non-road emission
modeling for the Illinois portion, some
of these emission reductions occurred
by the attainment years and additional
emission reductions will occur
throughout the maintenance period.
Non-road Spark-Ignition Engines and
Recreational Engine Standards. On
November 8, 2002 (67 FR 68242), EPA
adopted emission standards for large
spark-ignition engines such as those
used in forklifts and airport groundservice equipment; recreational vehicles
such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and
recreational marine diesel engines.
These emission standards were phased
in from model year 2004 through 2012.
EPA estimated an overall 72 percent
reduction in VOC emissions from these
engines and an 80 percent reduction in
NOX emissions. As projected by these
estimates and demonstrated in the nonroad emission modeling for the Illinois
portion, as shown in tables 2 and 3
below, some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period.
Category 3 Marine Diesel Engine
Standards. On April 30, 2010 (75 FR
22896), EPA issued emission standards
for marine compression-ignition engines
at or above 30 liters per cylinder. Tier
2 emission standards applied beginning
in 2011 and are expected to result in a
15 to 25 percent reduction in NOX
emissions from these engines. Final Tier
3 emission standards applied beginning
in 2016 and are expected to result in
approximately an 80 percent reduction
in NOX from these engines. As projected
by these estimates and demonstrated in
the non-road emission modeling for the
Illinois portion, some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period.
2. Emission Reductions
Illinois is using a 2011 emissions
inventory as the nonattainment year.
This is appropriate because it was one
of the years used to designate the
Chicago area as nonattainment. Illinois
is using 2019 as the attainment year,
which is appropriate because it is one
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of the years in the 2019–2021 period
used to demonstrate attainment.
The 2011 emissions inventory was
derived from an emissions inventory for
the Chicago area approved by EPA as
meeting the requirements of CAA
section 182(a)(1). See 81 FR 11671
(March 7, 2016).
Point source information was
compiled from 2019 annual emissions
reports submitted to the Illinois
Environmental Protection Agency
(Illinois EPA) by emission sources. Area
source emissions were calculated
primarily using an emission factor
multiplied by an activity rate (e.g.,
population, employment, amount of fuel
burned, etc.).
On-road mobile source emissions
were calculated using EPA’s MOVES3
emissions model with vehicle miles
traveled (VMT) data provided by the
Illinois Department of Transportation
(IDOT). Non-road mobile source
emissions were also calculated using
EPA’s MOVES3 emissions model.
Aircraft emissions were developed
using the Federal Aviation
Administration’s data from the 2017
Terminal Area Forecast for the Illinois
portion of the Chicago area. Emissions
from locomotives were developed from
2017 values using existing work from
other rail projects. Commercial marine
vessel emissions were developed from
2019 values using the Army Corps of
Engineers 2019 report of Waterborne
Commerce of the United States.
Illinois has projected NOX and VOC
emissions for the Illinois portion of the
Chicago area for 2035. Illinois has also
projected 2030 emissions to represent a
midpoint during the maintenance
period. Emissions for these two
projection years are compared to
emission levels in 2019 to determine
whether the maintenance plan is
adequate to maintain the NAAQS
during this period. Point and area
source categories, along with non-road
categories not calculated by the MOVES
model, were calculated using EPA’s
2011 Version 6.2 emissions modeling
platform, also known as the NODA. This
data set projects 2011 emissions to 2017
and 2025. To account for a base year of
2019 and projected years of 2030 and
2035, additional manipulation had to be
performed to obtain appropriate growth
factors. In this case, the Excel TREND
function was used to extrapolate data
from the individual years of 2017 to
2025 in order to obtain 2030 emissions.
Emissions presented in the NODA are
expressed in tons/year. Growth factors
for the applicable year (2030 or 2035)
were calculated by taking the ratio of
the future year to the base year. Illinois
had already calculated daily emissions
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for the 2019 inventory, so calculating
emissions for the future years was a
simple multiplication of the applicable
growth factor to obtain the future year
emissions.
Illinois EPA’s 2019 inventory
included some point sources that began
operation after the 2011 NODA base
year. These emissions were grown using
growth factors already calculated using
the NODA for the same source
classification codes (SCC). Illinois
modified the projections in the NODA
point source portion of the inventory in
certain cases where fuel switching and/
or shutdowns occurred. Two large
combustion sources were also included
in the 2030 and 2035 point source
inventories. These sources obtained a
construction permit but have not yet
been constructed. Daily emissions for
these sources were calculated by
dividing the allowable emissions by
365.
On-road and non-road emissions for
2030 and 2035 were calculated using
the MOVES3 model. The inputs assume
the continued phase-in of the Tier 3
standards beginning in 2017, and
continued operation of Illinois’ vehicle
I/M program, and all existing fuel
programs.
As part of common practice when
projecting non-road emissions,
emissions from a proposed third airport
for the Chicago area have been included
in this inventory.
13677
Emissions for the Indiana and
Wisconsin portions of the Chicago area
were based on inventories developed by
those states in an earlier round of
redesignation requests. For the current
document, 2011 and 2030 emissions are
directly taken from these earlier
inventories, whereas 2019 and 2035
emissions were determined by
interpolation and extrapolation from
these inventories.
Using the inventories described
above, Illinois’ submittal documents the
changes in VOC and NOX emissions
from 2011 to 2019 for the Illinois
portion area. Emissions data are shown
in Tables 2 and 3.
TABLE 2—EMISSIONS REDUCTION OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA, AND ILLINOIS PORTIONS OF THE
CHICAGO NONATTAINMENT AREA 2011–2019
[tons/day]
2011
Nonattainment
year
Sector
2019
Attainment
year
Emissions
reduction
2011–2019
Illinois:
Point ......................................................................................................................................
Area ......................................................................................................................................
On-Road ...............................................................................................................................
Non-road ...............................................................................................................................
119.99
32.03
285.34
176.60
82.78
34.63
134.37
121.65
37.21
¥2.60
150.97
54.95
Total ...............................................................................................................................
613.96
373.43
240.53
Indiana:
Point ......................................................................................................................................
Area ......................................................................................................................................
On-road .................................................................................................................................
Non-road ...............................................................................................................................
94.81
9.39
24.70
15.84
64.20
0.91
14.91
13.43
30.61
8.48
9.79
2.41
Total ...............................................................................................................................
144.74
93.45
51.29
Wisconsin:
Point ......................................................................................................................................
Area ......................................................................................................................................
On-Road ...............................................................................................................................
Non-road ...............................................................................................................................
8.80
1.20
4.82
2.25
0.08
1.13
1.81
1.64
8.72
0.07
3.01
0.61
Total ...............................................................................................................................
17.07
4.66
12.41
Chicago-Naperville, IL-IN-WI 2008 ozone area:
Illinois ....................................................................................................................................
Indiana ..................................................................................................................................
Wisconsin .............................................................................................................................
613.96
144.74
17.07
373.43
93.45
4.66
240.53
51.29
12.41
Total ...............................................................................................................................
775.77
471.54
304.23
TABLE 3—EMISSIONS REDUCTION OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA, AND WISCONSIN PORTIONS OF THE
CHICAGO NONATTAINMENT AREA 2011–2019
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[tons/day]
Sector
2011
Illinois:
Point ......................................................................................................................................
Area ......................................................................................................................................
On-Road ...............................................................................................................................
Non-road ...............................................................................................................................
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2019
48.25
215.14
72.43
101.83
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46.32
232.00
66.45
67.67
Emissions
reduction
2011–2019
1.93
¥16.86
5.98
34.16
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TABLE 3—EMISSIONS REDUCTION OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA, AND WISCONSIN PORTIONS OF THE
CHICAGO NONATTAINMENT AREA 2011–2019—Continued
[tons/day]
Sector
Emissions
reduction
2011–2019
2019
Total ...............................................................................................................................
437.65
412.44
25.21
Indiana:
Point ......................................................................................................................................
Area ......................................................................................................................................
On-road .................................................................................................................................
Non-road ...............................................................................................................................
17.76
18.26
9.58
21.43
11.30
17.00
6.80
5.53
6.46
1.26
2.78
15.90
Total ...............................................................................................................................
67.03
40.63
26.40
Wisconsin:
Point ......................................................................................................................................
Area ......................................................................................................................................
On-Road ...............................................................................................................................
Non-road ...............................................................................................................................
0.64
4.10
1.90
1.14
0.19
3.58
0.89
0.70
0.45
0.52
1.01
0.44
Total ...............................................................................................................................
7.78
5.36
2.42
Chicago-Naperville, IL-IN-WI 2008 ozone area:
Illinois ....................................................................................................................................
Indiana ..................................................................................................................................
Wisconsin .............................................................................................................................
437.65
67.03
7.78
412.44
40.63
5.36
25.21
26.40
2.42
Total ...............................................................................................................................
512.46
458.43
54.03
As shown in Table 2 and 3, NOX and
VOC emissions in the Illinois portion
declined by 240.53 tons/day and 25.21
tons/day, respectively, between 2011
and 2019. NOX and VOC emissions
throughout the entire Chicago area
declined by 304.23 tons/day and 54.03
tons/day, respectively, between 2011
and 2019.
3. Meteorology
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2011
To further support Illinois’
demonstration that the improvement in
air quality between the year violations
occurred and the year attainment was
achieved is due to permanent and
enforceable emission reductions, and
not unusually favorable meteorology,
Illinois submitted a classification and
regression tree (CART) analysis
completed by the Lake Michigan Air
Directors Consortium (LADCO). A
CART analysis is a statistical analysis
that constructs ozone concentration
trends for high ozone days having
similar meteorological characteristics.
The purpose of this analysis is to
minimize the effect of meteorological
variability on the trend in ozone
concentrations. The resulting trend in
ozone concentrations is due to
reductions of anthropogenic emissions.
The CART analysis used ozone
concentrations from the Zion and
Chiwaukee monitors for the 2005–2020
period. These two monitors were chosen
because the Chiwaukee monitor is the
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design value monitor for the Chicago
area and the Zion monitor is very near
the location of the Chiwaukee monitor.
Both monitors are north of the urban
center, as well as being near the Lake
Michigan shoreline. The CART analysis
shows that days with high ozone as well
as high temperatures and southerly
winds show a marked decrease in ozone
concentrations over the 16-year period.
The analysis supports the conclusion
that the decrease in ozone
concentrations leading to attainment of
the ozone standard in the Chicago area
is caused by actual reductions in
emissions, not by favorable
meteorological conditions.
As discussed above, Illinois identified
numerous permanent and enforceable
control measures that resulted in the
reduction of VOC and NOX emissions
from 2011 to 2019. In addition,
LADCO’s CART analyses of
meteorological variables associated with
ozone formation demonstrate that the
improvement in air quality in the
Chicago area between the year
violations occurred and the year
attainment was achieved is not due to
unusually favorable meteorology.
Therefore, EPA finds that Illinois has
shown that the air quality
improvements in the Illinois portion of
the Chicago area are due to permanent
and enforceable emissions reductions.
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D. Does Illinois have a fully approvable
ozone maintenance plan for the Chicago
area?
As one of the criteria for redesignation
to attainment section 107(d)(3)(E)(iv) of
the CAA requires EPA to determine that
the area has a fully approved
maintenance plan pursuant to section
175A of the CAA. Section 175A of the
CAA sets forth the elements of a
maintenance plan for areas seeking
redesignation from nonattainment to
attainment. Under section 175A, the
maintenance plan must demonstrate
continued attainment of the NAAQS for
at least 10 years after the Administrator
approves a redesignation to attainment.
Eight years after the redesignation, the
state must submit a revised maintenance
plan which demonstrates that
attainment of the NAAQS will continue
for an additional 10 years beyond the
initial 10-year maintenance period. To
address the possibility of future NAAQS
violations, the maintenance plan must
contain contingency measures, as EPA
deems necessary, to ensure prompt
correction of the future NAAQS
violation.
The Calcagni Memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
elements: (1) An attainment emission
inventory; (2) a maintenance
demonstration; (3) a commitment for
continued air quality monitoring; (4) a
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process for verification of continued
attainment; and (5) a contingency plan.
In conjunction with its request to
redesignate the Illinois portion of the
Chicago area to attainment for the 2008
ozone NAAQS, Illinois submitted a SIP
revision to provide for maintenance of
the 2008 ozone NAAQS through 2035,
more than 10 years after the expected
effective date of the redesignation to
attainment. As discussed below, EPA
proposes to find that Illinois’ ozone
maintenance plan includes the
necessary components and to approve
the maintenance plan as a revision of
the Illinois SIP.
1. Attainment Inventory
EPA is proposing to determine that
the Illinois portion of the Chicago area
has attained the 2008 ozone NAAQS
based on monitoring data for the 2019–
2021 period. Illinois selected 2019 as
the attainment emissions inventory year
to establish attainment emission levels
for VOC and NOX. The attainment
emissions inventory identifies the levels
of emissions in the Chicago area that are
sufficient to attain the 2008 ozone
NAAQS. The derivation of the
attainment year emissions was
discussed above in section IV.C.2 of this
proposed rule. The attainment level
emissions, by source category, are
summarized in Tables 2 and 3 above.
2. Has the state documented
maintenance of the ozone standard in
the Chicago area?
Illinois has demonstrated
maintenance of the 2008 ozone NAAQS
through 2035 by ensuring that current
and future emissions of VOC and NOX
for the Illinois portion of the Chicago
area remain at or below attainment year
emission levels. A maintenance
demonstration need not be based on
modeling.5 See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001), Sierra Club v. EPA,
375 F. 3d 537 (7th Cir. 2004). See also
66 FR 53094, 53099–53100 (October 19,
2001), 68 FR 25413, 25430–25432 (May
12, 2003).
Illinois is using emissions inventories
for the years 2030 and 2035 to
demonstrate maintenance. 2035 is more
than 10 years after the expected
effective date of the redesignation to
attainment and 2030 was selected to
demonstrate that emissions are not
expected to spike in the interim
between the attainment year and the
final maintenance year. The emissions
inventories were developed as described
below.
Illinois calculated emissions for point
and area source categories, along with
non-road categories not calculated by
the MOVES model, using the NODA.
This data set projects 2011 emissions to
2019 and 2035.
Emissions presented in the NODA are
expressed in tons/year. Growth factors
for the applicable year (2030 or 2035)
were calculated by taking the ratio of
the future year to the base year. Illinois
had already calculated daily emissions
for the 2019 attainment inventory, so to
calculate emissions for the future years,
Illinois multiplied the 2019 emissions
by the applicable growth factor. Illinois’
13679
2019 inventory included some point
sources that began operation after the
2011 NODA base year. These emissions
were developed using growth factors
already calculated using the NODA for
the same SCC. Illinois EPA notes that
the projections in the NODA calculated
by the IPM model do not agree in
certain cases with what Illinois believes
will actually happen with fuel
switching and/or shutdowns. In those
cases, Illinois modified the NODA
projections in the point source portion
of the inventory. In the 2030 and 2035
point source inventories, Illinois also
included two large combustion sources
that have obtained construction permits
but have not yet been constructed. Daily
emissions for these sources were
calculated by dividing the allowable
emissions by 365.
On-road and non-road emissions for
2030 and 2035 were calculated using
the MOVES3 model. The inputs assume
the continued phase-in of the phase-in
of the Tier 3 standards beginning in
2017, continued operation of Illinois’
vehicle I/M program, and reformulated
gasoline program). Total VMT for 2030
and 2035 were assumed to increase at a
rate of 1.5 percent per year from 2019.
As part of common practice when
projecting non-road emissions,
emissions from a proposed third airport
for the Chicago area have been included
in this inventory.
Projected emissions data are shown in
Tables 4 and 5 below.
TABLE 4—PROJECTED EMISSIONS OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA, AND WISCONSIN PORTIONS OF THE
CHICAGO NONATTAINMENT AREA 2030 AND 2035
[tons/day]
2019
Attainment
year
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Sector
2030
Interim
year
2035
Maintenance
year
Emissions
reduction
2019–2035
llinois:
Point ..........................................................................................................
Area ..........................................................................................................
On-Road ...................................................................................................
Non-road ...................................................................................................
82.78
34.63
134.37
121.65
97.92
34.98
55.93
106.10
101.13
35.15
48.80
108.27
¥18.35
¥0.52
85.57
13.38
Total ...................................................................................................
373.43
294.93
293.35
80.08
Indiana:
Point ..........................................................................................................
Area ..........................................................................................................
On-road .....................................................................................................
Non-road ...................................................................................................
64.20
0.91
14.91
13.43
62.23
0.88
6.62
10.25
61.93
0.87
5.51
8.49
2.27
0.04
9.40
4.94
5 While modeling is not required, Illinois cited
photochemical modeling performed by EPA and
LADCO in support of the interstate transport ‘‘Good
Neighbor’’ provision of the CAA for the 2015 ozone
NAAQS. These modeling results project the highest
2023 average design values to be 0.0662 and 0.0668,
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well below the 2008 ozone NAAQS. Compared to
actual monitored 2009–2013 average design values,
both sets of 2023 modeling results show large
decreases in ozone concentrations, especially on in
the heart of the urban area and at the critical
monitors at the north of the nonattainment area
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along the shore of Lake Michigan. These results
provide evidence that ozone concentrations will
continue to decrease across the entire
nonattainment area.
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TABLE 4—PROJECTED EMISSIONS OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA, AND WISCONSIN PORTIONS OF THE
CHICAGO NONATTAINMENT AREA 2030 AND 2035—Continued
[tons/day]
2019
Attainment
year
Sector
2030
Interim
year
2035
Maintenance
year
Emissions
reduction
2019–2035
Total ...................................................................................................
93.45
79.98
76.80
16.65
Wisconsin:
Point ..........................................................................................................
Area ..........................................................................................................
On-Road ...................................................................................................
Non-road ...................................................................................................
EGU Emission credit ................................................................................
0.08
1.13
1.81
1.64
........................
0.12
0.95
0.85
1.21
7.22
0.12
0.96
0.70
1.21
7.22
¥0.04
0.17
1.11
0.43
7.22
Total ...................................................................................................
4.66
3.13
2.99
1.67
Chicago-Naperville, IL-IN-WI 2008 ozone area:
Illinois ........................................................................................................
Indiana ......................................................................................................
Wisconsin .................................................................................................
373.43
93.45
4.66
294.93
79.98
3.13
293.35
76.80
2.99
80.08
16.65
1.67
Total ...................................................................................................
471.54
378.04
373.14
98.40
TABLE 5—PROJECTED EMISSIONS OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA, AND WISCONSIN PORTIONS OF THE
CHICAGO NONATTAINMENT AREA 2030 AND 2035
[tons/day]
2019
Attainment
year
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Sector
2030
Interim year
2035
Maintenance
year
Emissions
reduction
2019–2035
Illinois:
Point ..........................................................................................................
Area ..........................................................................................................
On-Road ...................................................................................................
Non-road ...................................................................................................
46.32
232.00
66.45
67.67
44.61
225.11
37.43
66.39
46.56
221.67
34.26
67.35
¥0.24
10.33
32.19
0.32
Total ...................................................................................................
412.44
373.54
369.84
42.60
Indiana:
Point ..........................................................................................................
Area ..........................................................................................................
On-road .....................................................................................................
Non-road ...................................................................................................
11.30
17.00
6.80
5.53
11.40
17.58
3.77
4.80
11.57
17.85
2.93
4.35
¥0.27
¥0.85
3.87
1.18
Total ...................................................................................................
40.63
37.55
36.70
3.93
Wisconsin:
Point ..........................................................................................................
Area ..........................................................................................................
On-Road ...................................................................................................
Non-road ...................................................................................................
EGU Emission credit ................................................................................
0.19
3.58
0.89
0.70
........................
0.26
3.49
0.54
0.63
0.37
0.26
3.56
0.47
0.62
0.37
¥0.07
0.02
0.42
0.08
0.37
Total ...................................................................................................
5.36
4.92
4.91
0.45
Chicago-Naperville, IL-IN-WI 2008 ozone area:
Illinois ........................................................................................................
Indiana ......................................................................................................
Wisconsin .................................................................................................
412.44
40.63
5.36
373.54
37.55
4.92
369.84
36.70
4.91
42.60
3.93
0.45
Total ...................................................................................................
458.43
416.01
411.45
46.98
In summary, Illinois’ maintenance
demonstration for the Chicago area
shows maintenance of the 2008 ozone
NAAQS by providing emissions
information to support the
demonstration that future emissions of
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NOX and VOC will remain at or below
2019 emission levels when considering
both future source growth and
implementation of future controls. The
NOX and VOC emissions in the Illinois
portion of the Chicago area are projected
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to decrease by 80.08 tons/day and 42.60
tons/day, respectively, between 2019
and 2035. NOX and VOC emissions in
the entire Chicago area are projected to
decrease by 98.40 tons/day and 46.98
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tons/day respectively between 2019 and
2035.
3. Continued Air Quality Monitoring
Illinois has committed to continue
monitoring ozone levels according to an
EPA approved monitoring plan, as
required to ensure maintenance of the
ozone NAAQS. Should changes in the
location of an ozone monitor become
necessary, Illinois has committed to
work with EPA to ensure the adequacy
of the monitoring network. Illinois
remains obligated to meet monitoring
requirements and continue to quality
assure monitoring data in accordance
with 40 CFR part 58, and to enter all
data into EPA’s Air Quality System
(AQS) in accordance with Federal
guidelines.
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4. Verification of Continued Attainment
The State of Illinois has confirmed
that it has the legal authority to
implement and enforce the measures
relied upon to attain and maintain the
NAAQS pursuant to the Illinois
Environmental Protection Act. This
includes the authority to adopt,
implement, and enforce any subsequent
emission control measures determined
to be necessary to correct future ozone
attainment problems in the Illinois
portion of the Chicago area.
Verification of continued attainment
is accomplished through operation of
the ambient ozone monitoring network
and the periodic update of the area’s
emissions inventory. Illinois will
continue to operate an EPA approved
ozone monitoring network. In addition,
to track future levels of emissions,
Illinois will continue to develop and
submit to EPA updated emission
inventories for all source categories at
least once every 3 years, consistent with
the requirements of 40 CFR part 51,
subpart A, and in 40 CFR 51.122. The
Consolidated Emissions Reporting Rule
(CERR) was promulgated by EPA on
June 10, 2002 (67 FR 39602). The CERR
was replaced by the Annual Emissions
Reporting Requirements (AERR) on
December 17, 2008 (73 FR 76539). The
most recent triennial inventory for
Illinois was compiled for 2014.
5. What is the contingency plan for the
Illinois portion of the Chicago area?
Section 175A of the CAA requires that
the state must adopt a maintenance
plan, as a SIP revision, that includes
such contingency measures as EPA
deems necessary to ensure that the state
will promptly correct a violation of the
NAAQS that occurs after redesignation
of the area to attainment of the NAAQS.
The maintenance plan must identify:
The contingency measures to be
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considered and, if needed for
maintenance, adopted and
implemented; a schedule and procedure
for adoption and implementation; and a
time limit for action by the state. The
state should also identify specific
indicators to be used to determine when
the contingency measures need to be
considered, adopted, and implemented.
The maintenance plan must include a
commitment that the state will
implement all measures with respect to
the control of the pollutant that were
contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d) of
the CAA.
As required by section 175A of the
CAA, Illinois has adopted a contingency
plan for the Illinois portion to address
possible future ozone air quality
problems. The contingency plan
adopted by Illinois has two levels of
response, a Level I response and a Level
II response.
In Illinois’ plan, a Level I response
will be triggered in the event that: (1)
The fourth highest ozone concentration
at any monitoring site in the Chicago
area exceeds 0.075 ppm in any year or
(2) the maintenance area’s NOX or VOC
emissions inventories increase more
than 5 percent above the levels included
in the 2019 attainment year inventories.
Illinois committed to compiling VOC
and NOX emissions inventories every
three years for the duration of the
Maintenance Plan to facilitate the
emissions trends analysis. If a Level I
response is triggered, Illinois will
coordinate with LADCO and other Lake
Michigan states to evaluate the causes of
high ozone levels or the emissions
trends and to determine if control
measures are needed to ensure
continued attainment of ozone NAAQS.
Under Level I, measures that could be
implemented in a short time would be
selected, if any are deemed necessary, to
be in place quickly after the Illinois EPA
becomes aware that corrective measures
have been triggered. Control measures
selected under Level I will be adopted
in most cases within 18 months after a
determination is made, and
implemented, generally, within 24
months of adoption.
A Level II response would be
triggered if a violation of the ozone
NAAQS occurs at a monitoring site
within the Chicago maintenance area. In
order to select appropriate corrective
measures, Illinois will work with
LADCO and other Lake Michigan states
to conduct a comprehensive study to
determine the causes of the violation
and the control measures necessary to
mitigate the problem. The analysis will
examine the following factors: The
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number, location, and severity of the
ambient ozone concentrations; the
weather patterns contributing to ozone
levels; potential contributing emissions
sources; the geographic applicability of
possible contingency measures;
emissions trends, including timeliness
of implementation of scheduled control
measures; current and recently
identified control technologies; and air
quality contributions from outside the
maintenance area. Implementation of
necessary controls in response to a
Level II trigger will take place as
expeditiously as possible, but no later
than 18 months after Illinois
determines, based on quality-assured
ambient data, that a violation of the
NAAQS has occurred. Illinois will
select contingency measures from the
following list, or Illinois will implement
other measures deemed appropriate and
effective at the time the selection is
made. However, Illinois is not limited to
the measures on this list:
Point Source Measures—Broader
geographic applicability of existing
measures, if determined to be an issue;
• Oil and Gas Sector Emission
Guidelines, once finalized by EPA;
• Revisions to Illinois NOX state rules
for boilers and engines.
• Implementation of OTC model rules
for above ground storage tanks;
Mobile Source Measures
• Regulations on the Sale of
Aftermarket Catalytic Converters
Area Source Measures
• Current California Commercial and
Consumer Products—Aerosol Adhesive
Coatings, Dual Purpose Air Freshener/
Disinfectant, etc.
• Regulations on Small Off-Road
Engines (‘‘SORE’’).
To qualify as a contingency measure,
emissions reductions from that measure
must not be factored into the emissions
projections used in the maintenance
plan.
EPA has concluded that Illinois’
maintenance plan adequately addresses
the five basic components of a
maintenance plan: Attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. In addition, as
required by section 175A(b) of the CAA,
Illinois has committed to submit to EPA
an updated ozone maintenance plan
eight years after redesignation of the
Illinois portion of the Chicago area to
cover an additional ten years beyond the
initial 10-year maintenance period.
Thus, EPA finds that the maintenance
plan SIP revision submitted by Illinois
for the Chicago area meets the
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requirements of section 175A of the
CAA and EPA proposes to approve it as
a revision to the Illinois SIP.
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V. Has the state adopted approvable
motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new
transportation plans, programs, or
projects that receive Federal funding or
support, such as the construction of new
highways, must ‘‘conform’’ to (i.e., be
consistent with) the SIP. Conformity to
the SIP means that transportation
activities will not cause or contribute to
any new air quality violations, increase
the frequency or severity of any existing
air quality problems, or delay timely
attainment or any required interim
emissions reductions or any other
milestones. Regulations at 40 CFR part
93 set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of transportation
activities to a SIP. Transportation
conformity is a requirement for
nonattainment and maintenance areas.
Maintenance areas are areas that were
previously nonattainment for a
particular NAAQS, but that have been
redesignated to attainment with an
approved CAA section 175A
maintenance plan for the NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs for nonattainment areas and
maintenance plans for areas seeking
redesignations to attainment of the
ozone standard and maintenance areas.
See the SIP requirements for the 2008
ozone NAAQS in EPA’s December 6,
2018 implementation rule (83 FR
62998). These control strategy SIPs
(including reasonable further progress
plans and attainment plans) and
maintenance plans must include the
Budgets for criteria pollutants,
including ozone, and their precursor
pollutants (VOC and NOX for ozone) to
address pollution from on-road
transportation sources. The Budgets are
the portion of the total allowable
emissions that are allocated to highway
and transit vehicle use that, together
with emissions from other sources in
the area, will provide for attainment or
maintenance. See 40 CFR 93.101.
Under 40 CFR part 93, a Budget for an
area seeking a redesignation to
attainment must be established, at
minimum, for the last year of the
maintenance plan. A state may adopt
Budgets for other years as well. The
Budgets serve as a ceiling on emissions
from an area’s planned transportation
system. The Budget concept is further
explained in the preamble to the
November 24, 1993, Transportation
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Conformity Rule (58 FR 62188). The
preamble also describes how to
establish the Budget(s) in the SIP and
how to revise the Budget, if needed,
after initially establishing a Budget in
the SIP.
As discussed earlier, Illinois’
maintenance plan includes NOX and
VOC Budgets for the Illinois portion for
2035, the last year of the maintenance
period. The Budgets were developed as
part of an interagency consultation
process which includes Federal, state,
and local agencies. The Budgets were
clearly identified and precisely
quantified. These Budgets, when
considered together with all other
emissions sources, are consistent with
maintenance of the 2008 ozone NAAQS.
These Budgets represent the projected
2035 on-road emissions plus a safety
margin, which is described below.
TABLE 6—2035 BUDGETS FOR THE ILLINOIS PORTION FOR THE 2008
OZONE NAAQS MAINTENANCE PLAN
[tons/day]
Pollutant
2035 Budget
NOX ........................................
VOC ........................................
110.00
65.00
EPA is proposing to approve the
Budgets for use to determine
transportation conformity in the Illinois
portion of the Chicago-Naperville, IL-INWI area, because EPA has determined
that the area can maintain attainment of
the 2008 ozone NAAQS for the relevant
maintenance period with mobile source
emissions at the levels of the budgets.
Also, EPA is reviewing the budgets to
determine if the submitted budgets meet
the adequacy criteria in the
transportation conformity regulations
(40 CFR 93.118(e)(4)). Additionally, as
required by the transportation
conformity rule (40 CFR 93.118(f)(2)),
EPA is using this proposal to notify the
public that EPA is beginning a 30-day
comment period on the adequacy of the
submitted motor vehicle emissions
budgets. Comments on the adequacy of
the budgets should be submitted to the
docket for this proposal. EPA will make
a final determination on the adequacy of
the submitted budgets either in a final
action on this proposal or notifying the
State in writing, notifying the public by
publishing a Federal Register notice
and announcing the determination on
EPA’s adequacy web page.6
6 See www.epa.gov/state-and-localtransportation/adequacy-review-stateimplementation-plan-sip-submissions-conformity.
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B. What is a safety margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. As
noted in Tables 4 and 5, the emissions
in the Illinois portion of the Chicago
area are projected to have safety margins
of 80.08 tons/day for NOX and 42.60
tons/day for VOC in 2035 (the difference
between the attainment year, 2019,
emissions and the projected 2035
emissions for all sources in the Illinois
portion). Even if emissions exceeded
projected levels by the full amount of
the safety margin, the counties would
still demonstrate maintenance since
emission levels would equal those in
the attainment year.
The transportation conformity
regulations allow states to allocate all or
a portion of a documented safety margin
to the motor vehicle emissions budgets
for an area (40 CFR 93.124(a)). Illinois
is allocating a portion of the safety
margin, 61.20 tons/day of NOX and
30.74 tons/day of VOC, to the mobile
sector for the 2035 Budgets. Since only
a part of the safety margin is being used,
maintenance requirements are still
easily met. Illinois can request an
allocation to the Budgets of the available
safety margins reflected in the
demonstration of maintenance in a
future SIP revision.
VI. VOC RACT
Sections 172(c)(1) and 182(b)(2) of the
CAA require states to implement RACT
in ozone nonattainment areas classified
as moderate (and higher). Specifically,
these areas are required to implement
RACT for all major VOC and NOX
emissions sources and for all sources
covered by a CTG. A CTG is a document
issued by EPA which establishes a
‘‘presumptive norm’’ for RACT for a
specific VOC source category. States
must submit rules, or negative
declarations when no such sources exist
for CTG source categories.
EPA’s SIP Requirements Rule for the
2008 ozone NAAQS indicates that states
may meet RACT through the
establishment of new or more stringent
requirements that meet RACT control
levels, through a certification that
previously adopted RACT controls in
their SIPs approved by EPA for a prior
ozone NAAQS also represent adequate
RACT control levels for attainment of
the 2008 ozone NAAQS, or with a
combination of these two approaches. In
addition, a state may submit a negative
declaration in instances where there are
no CTG sources.
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Illinois’ VOC RACT demonstration
under the 2008 moderate classification
was fully approved into the SIP by EPA
on August 13, 2021 (86 FR 44616).
Illinois certifies that the Illinois portion
of the Chicago area’s moderate area VOC
RACT program also satisfies serious area
VOC RACT requirements.
Illinois has previously adopted RACT
rules for VOC emission sources in the
Chicago area under 35 Ill. Adm. Code
Part 218. Illinois certifies that these
regulations still satisfy the serious area
VOC RACT requirements for the Illinois
portion of the Chicago area under the
2008 8-hour ozone NAAQS. Major nonCTG VOC sources, which are subject to
RACT, are major VOC sources which are
not subject to the applicability criteria
in a CTG. Many major sources of ozone
precursors located in the ozone
nonattainment area that are not subject
to specific RACT rules are subject to
generic RACT rules. The serious major
source threshold of 50 tons per year is
addressed for non-CTG VOC major
sources under 35 Ill. Adm. Code Part
218 Subparts PP, QQ, RR, and TT.
Illinois has previously submitted
several Negative Declarations for CTG
categories for which there were no
applicable sources found in Illinois that
meet the applicability criteria for those
CTGs and which did not have
appropriate controls due to other state
requirements. In those cases, it was
unnecessary to adopt new state rules
and submit SIP revisions to address
those CTG categories. Illinois certifies
that the negative declarations for the
CTGs for the Ship Building and Ship
Repair Industry, Natural Gas/Gasoline
Processing Plants, Aerospace
Manufacturing and Rework Facilities,
High-Density Polyethylene,
Polypropylene Manufacturing,
Vegetable Oil Processing, and Oil and
Natural Gas Industry, approved by EPA
on August 13, 2021, are still valid (86
FR 44616).
Illinois evaluated whether its VOC
sources under the Industrial Wastewater
category meet the serious level RACT
requirements through RACT
equivalence or RACT applicability of
potential VOC emissions being below
the 50 tons/year major source threshold.
Illinois’ analysis of its industrial
wastewater VOC sources is detailed
below.
Industrial Wastewater
EPA issued a draft CTG for the
industrial wastewater category in
September 1992. However, because this
CTG was never finalized, industrial
wastewater sources are considered to be
non-CTG sources. Industrial wastewater
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is a category that is not covered by the
Illinois non-CTG RACT rule.
On December 23, 1999, Illinois
submitted to EPA a Negative Declaration
Letter for the Chicago area covering the
Industrial Wastewater sources. At that
time, Illinois determined that all sources
in the Chicago area to which the draft
CTG would be applicable were covered
by other regulations that were as
stringent or more stringent than the
draft CTG. Those sources were two
refineries and one chemical plant that
were subject to Federal regulations
covering waste operations that were
equally or more stringent than the CTG.
Illinois reviewed its most recent
inventory to determine if any sources
fall under the industrial wastewater
category, including organic chemicals,
plastics, and synthetic fibers;
pharmaceuticals; pesticides
manufacturing; petroleum refining;
pulp, paper, and paperboard mills; and
hazardous waste treatment, storage, and
disposal facilities. Illinois found 54
sources that required further review.
Illinois examined each unit at these
sources and the operating permits of
those sources to determine whether any
source was a significant source of
wastewater or if the draft CTG was
potentially applicable to a source or
unit. Of those 54 sources, it was
determined that the draft CTG would be
applicable to only six sources. It was
found that all subject sources were
covered under the NESHAP at 40 CFR
63 subpart G, the NESHAP at 40 CFR 63
subpart FFFF, or by 35 Ill. Adm. Code
Section 218 Subpart C.
Illinois requested additional
information for twelve industrial
wastewater sources that were identified
as potentially being subject to non-CTG
RACT based on historical emissions. On
January 25, 2022, Illinois submitted
supplementary information
demonstrating that these twelve sources
were below the 50 tons/year non-CTG
major source threshold for serious areas
or demonstrated RACT equivalence. The
twelve sources that Illinois evaluated
include the following refineries and
chemical plants: Ester Solutions, Hexion
Inc., INEOS Styrolution America LLC,
INEOS Joliet, Polynt Composites USA,
AKZO Nobel, AbbVie, LyondellBasell,
Exxon Mobil Oil Corp., Citgo Petroleum,
Koppers Inc., and Stepan Co.
Ester in Cook County, Hexion in
Bedford Park, INEOS Styrolution
America LLC in Channahon, and Polynt
in Carpentersville were not subject to
RACT because their potential to emit
(PTE) VOC from wastewater was less
than 50 tons/year. Ester has a permitted
VOC level of 7.71 tons/year. Hexion has
a permitted VOC level of 10.82 tons/
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13683
year. INEOS Joliet has a permitted VOC
level of 9.27 tons/year. The reported
VOC emissions from wastewater at
INEOS Styrolution is less than 1 ton/
year and the VOC PTE from wastewater
is well below 50 tons/year. Wastewater
is not a significant source of VOC
emissions at Polynt as there is no
mention of wastewater or wastewater
treatment in Polynt’s operating permit.
Although Akzo in Morris had a VOC
PTE of over 50 tons/year, it was subject
to various control measures. Akzo sent
its VOC emissions to an afterburner to
achieve at least 85 percent control. After
considering these controls, the total
VOC PTE from wastewater at Akzo was
determined to be less than 1 ton/year.
AbbVie in North Chicago
demonstrated RACT equivalence. Most
of its wastewater was taken off site for
treatment. The remaining VOC
containing wastewater streams were
well controlled at the on-site wastewater
treatment plant. The requirements to
conduct pretreatment were federally
enforceable through its Discharge
Control Document, which was issued by
the publicly owned treatment works and
Illinois. The estimates that AbbVie gave
for controlled and uncontrolled
emissions resulted in about 98 percent
control of VOC from their wastewater
operations. Illinois concluded that
AbbVie was well controlled and that
this level of control represented RACT.
LyondellBasell is subject to the
Miscellaneous Organic Chemical
Manufacturing NESHAP and Benzene
Waste Operations (BWON) NESHAP (40
CFR part 61, subpart FF). After
considering these applicable NESHAPs,
EPA calculated the total VOC PTE to be
20.38 tons/year, which was below the
50 tons/year non-CTG threshold.
Both Exxon Mobil Oil Corporation’s
Joliet Refinery and Citgo Petroleum’s
Lemont Refinery demonstrated that they
had achieved RACT equivalence for
their VOC wastewater emissions. Both
refineries are subject to the
requirements of 40 CFR part 63, subpart
CC ‘‘National Emission Standards for
Hazardous Air Pollutants from
Petroleum Refineries’’ (MACT CC) and
40 CFR part 61, subpart FF ‘‘National
Emission Standard for Benzene Waste
Operations’’ (BWON). Under these
programs, Exxon Mobil has a control
efficiency of 98 percent for wastewater
VOC emissions and Citgo has a control
efficiency of 99.4 percent for wastewater
VOC emissions. The control efficiencies
are calculated using the pre-control and
post-control VOC emissions from the
wastewater at each refinery. Exxon
Mobil’s pre-control VOC emissions are
calculated site-wide for all streams at
point of generation and includes
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maintenance and spills. Exxon Mobil’s
post-control VOC emissions are also
calculated site-wide and accounts for
the uncontrolled wastewater streams,
effluent from the waste treatment unit,
and the uncontrolled maintenance and
spills. Citgo’s pre-control VOC
emissions are calculated site-wide for
all streams at point of generation and
includes maintenance and spills in the
wastewater system. Citgo’s post-control
VOC emissions are also calculated sitewide and accounts for the uncontrolled
VOC emissions from the wastewater
system.
Koppers submitted its supporting data
for VOC emissions from the wastewater
system at the plant. Environmental
Resources Management, Inc. performed
the modeling of the wastewater
treatment plant using a Toxchem model
to predict the annual potential VOC
emissions. The total VOC PTE at
Koppers was 2.25 tons/year, which was
far below the 50 tons/year non-CTG
threshold.
Illinois issued a construction permit
for Stepan Co. (I.D. No.: 197800AAE,
issued June 8, 2021) that limits the
throughput from upstream processes
into the wastewater stream. This results
in a potential to emit of 17.70 tons/year,
which is below the 50 tons/year nonCTG threshold. This limit is due to new
controls, which include an additional
air stripper system for the wastewater
treatment plant, that were installed in
2020. Illinois has submitted this
construction permit as a revision to the
Illinois SIP. EPA is proposing to
approve this construction permit as a
revision to the Illinois SIP, making the
throughput limits federally enforceable.
Based on the information that Illinois
provided, we agree that that these
sources are below 50 tons/year non-CTG
threshold for moderate areas or have
demonstrated RACT equivalence.
Therefore, EPA is proposing to find that
these VOC RACT submittals for the
Illinois portion of the Chicago area meet
the serious VOC RACT requirements for
the 2008 ozone NAAQS under the CAA.
VII. Enhanced I/M Program
CAA section 182(c)(3) requires states
with ozone nonattainment areas
classified as serious or higher to
implement an enhanced vehicle I/M
program. The general purpose of motor
vehicle I/M programs is to reduce
emissions from in-use motor vehicles in
need of repairs and thereby contribute
to state and local efforts to improve air
quality and to attain the NAAQS. The
Illinois I/M program has been in
operation since 1984. It was originally
implemented in accordance with the
1977 CAA Amendments and operated in
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the eight counties of Cook, Lake,
DuPage, McHenry, Kane, Will, Grundy
(2 townships), and Kendall (1
township). Vehicles were originally
tested by measuring tailpipe emissions
using a steady-state idle test. Tampering
inspections were added in 1989.
The 1990 CAA Amendments set
additional requirements for I/M
programs. For moderate areas, a ‘‘basic’’
program was required under section
182(b)(4). For serious or worse areas, an
‘‘enhanced’’ program was required
under section 182(c)(3). EPA’s
requirements for basic and enhanced I/
M programs are found in 40 CFR part
51, subpart S.
Illinois’ I/M program transitioned to
an enhanced program in December
1995. The major enhancement involved
adding new test procedures to more
effectively identify high-emitting
vehicles. These new test procedures
included a transient emissions test in
which tailpipe emissions were
measured while the vehicle was driven
on a dynamometer (a treadmill-type
device). Improving repairs and public
convenience were also major focuses of
the enhancement effort.
Since July of 2001, all model year
(MY) 1996 and later cars and light
trucks have been inspected by scanning
the vehicle’s computerized secondgeneration on-board diagnostic (OBD)
system instead of measuring tailpipe
emissions. As of July 2008, the program
dropped tailpipe testing entirely and
has inspected all vehicles by scanning
the OBD system. This change was the
result of statutory changes in the State’s
2007–2009 biennial budget which
exempted model years of vehicles not
federally required to be equipped with
this OBD technology (MY 1995 and
earlier cars and light trucks and MY
2006 and earlier heavy trucks).
EPA fully approved the Illinois
enhanced I/M program on February 22,
1999 (64 FR 8517) and on August 13,
2014 (79 FR 47377). Illinois’ I/M
program was revised and approved on
August 13, 2014 (79 FR 47377). The
revisions to Illinois’ I/M program
included a demonstration under section
110(l) of the CAA addressing lost
emission reductions associated with the
program changes.
The legal authority and administrative
requirements for the Illinois I/M
program are found in 625 ILCS 5/13C
(Illinois Vehicle Emission Inspection
Law of 2005); 35 Ill. Adm. Code 240
(Emissions Standard and Limitations for
Mobile Source); and 35 Ill. Adm. Code
276 (Procedures to be followed in the
performance of inspections of Motor
Vehicle Emissions).
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To support their certification of the
enhanced I/M program, Illinois
submitted a modeling demonstration
with EPA’s enhanced performance
standard for areas designated and
classified under the 8-hour ozone
standard, as specified in 40 CFR
51.351(i). Illinois used the most recent
version of EPA’s mobile source
emissions model, MOVES3.0.2 (released
in September 2021), for the analysis.
This modeling was conducted in
accordance with EPA’s technical
guidance: Performance Standard
Modeling for New and Existing Vehicle
Inspection and Maintenance (I/M)
Programs Using the MOVES Mobile
Source Emissions Model, EPA–420–B–
14–006, January 2014, and MOVES3
Technical Guidance: Using MOVES to
Prepare Emission Inventories for State
Implementation Plans and
Transportation Conformity, EPA–420–
B–20–052, November 2020.
The performance standard modeling
analysis involves a comparison of
emission reductions from EPA’s model
program specified in 40 CFR 51.351(i)
and Illinois’ actual program in the eight
counties of Cook, Lake, DuPage,
McHenry, Kane, Will, Grundy (2
townships), and Kendall (1 township).
To demonstrate that an enhanced I/M
program meets the performance
standard, the actual I/M program must
obtain the same or lower emissions
levels as the EPA model program within
±0.02 gram per mile. Illinois’ I/M
performance analysis shows that
Illinois’ I/M program achieves emission
reductions at least as great as this
criterion. Illinois’ demonstration
supports its certification that the current
I/M program meets the applicable
enhanced I/M performance standard
requirements in 40 CFR part 51, subpart
S in all areas in which the program is
implemented for the 2008 ozone
NAAQS.
VIII. Clean Fuels Vehicles Program
CAA section 182(c)(4) requires states
with ozone nonattainment areas
classified as serious or higher to submit
a SIP revision describing
implementation of a CFVP, as described
in CAA Title II Part C (40 CFR 88). EPA
approved Illinois’ CFVP on March 19,
1996 (61 FR 11139). CAA section
182(c)(4) included numerical standards
for the CFVP that were intended to
encourage innovation and reduce
emissions for fleets of motor vehicles in
certain nonattainment areas as
compared to conventionally fueled
vehicles available at the time. As
originally adopted, those Clean Fuel
Fleet standards were substantially more
stringent than the standards that applied
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to vehicles and engines generally. Now
that EPA has begun implementing Tier
3 emission standards in 40 CFR part 86,
subpart S, the Clean Fuel Fleet
standards are either less stringent than
or equivalent to the standards that apply
to vehicles and engines generally. On
July 29, 2021 (86 FR 34308), EPA
published a final rule in which EPA
determined that vehicles and engines
certified to current emission standards
under 40 CFR part 86 or 1036 are
deemed to also meet the Clean Fuel
Fleet standards as Ultra Low-Emission
Vehicles. Since vehicle emission
standards have only become more
stringent since Illinois’ program was
approved, the CAA section 182(c)(4)
CFVP requirement remains satisfied
without the need for further action by
the state.
IX. Enhanced Monitoring Plan
Section 182(c)(1) of the CAA requires
States with nonattainment areas
classified serious or higher adopt and
implement a program to improve air
monitoring for ambient concentrations
of ozone, NOX, and VOC. EPA initiated
the PAMS program in February 1993.
The PAMS program required the
establishment of an enhanced
monitoring network in all ozone
nonattainment areas classified as
serious, severe, or extreme. On February
25, 1995 (59 FR 9091), EPA approved
Illinois’ SIP revision establishing an
enhanced monitoring program.
Since that time, EPA concluded that
requiring enhanced monitoring for
ozone nonattainment areas classified as
moderate or above is appropriate for the
purposes of monitoring ambient air
quality and better understanding ozone
pollution. In EPA’s revision to the ozone
standard on October 1, 2015, EPA relied
on the authority provided in sections
103(c), 110(a)(2)(B), 114(a) and 301(a)(1)
of the CAA to expand the PAMS
applicability to areas other than those
that are serious or above ozone
nonattainment and substantially revise
the PAMS requirements in 40 CFR part
58 appendix D (80 FR 65292).
Specifically, this rule required states
with moderate and above ozone
nonattainment areas to develop and
implement an EMP. These plans should
detail enhanced ozone and ozone
precursor monitoring activities to be
performed to better understand areaspecific ozone issues.
To meet this requirement, Illinois
submitted its updated EMP as part of
the Illinois Ambient Air Monitoring
2019 Network Plan, which has been
approved by EPA. Illinois will continue
to meet its CAA section 182(c)(1) EMP
requirements by maintaining an air
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monitoring network in the Illinois
portion of the Chicago area. Illinois will
work with EPA through the air
monitoring network review process, as
required by 40 CFR part 58, to
determine the adequacy of the ozone
monitoring network, additional
monitoring needs, and recommended
monitor decommissions. Air monitoring
data from these monitors will continue
to be quality assured, reported, and
certified according to 40 CFR part 58.
Illinois will continue to meet its CAA
section 182(c)(1) EMP requirements by
including its EMP in Illinois’ Air
Monitoring Network Plan, which is
subject to EPA review and approval on
an annual basis. Therefore, EPA is
proposing to find that Illinois has met
the EMP requirements for its portion of
the Chicago area for the 2008 ozone
NAAQS.
X. NOX RACT Waiver
In some cases, an ozone
nonattainment area might attain the
ozone standard, as demonstrated by
three consecutive years of adequate
monitoring data, without having
implemented the section 182(f) NOX
provisions over that 3-year period.
Where the NOX requirements were not
implemented over that 3-year period,
the section 182(f) language is met since
‘‘additional’’ reductions of NOX would
not contribute to attainment. That is,
since attainment has already occurred,
additional NOX reductions could not
improve the area’s attainment status
and, therefore, the NOX exemption
request could be approved.
EPA’s approval of the exemption, if
warranted, would be granted on a
contingent basis (i.e., the exemption
would last for only if the area’s
monitoring data continue to
demonstrate attainment). The State must
continue to operate an appropriate air
quality monitoring network, in
accordance with 40 CFR part 58, to
verify the attainment status of the area.
The air quality data relied on for the
above determinations must be
consistent with 40 CFR part 58
requirements and other relevant EPA
guidance. If it is subsequently
determined by EPA that the area has
violated the standard, EPA would
conduct notice and comment
rulemaking to remove the NOX
exemption.
Specifically, Illinois requested to
exempt major stationary sources of NOX
(as defined in section 302 and
subsections 182(c) and (d) of the CAA
from the RACT requirements of section
182(b)(2)), based on the fact that the
entire nonattainment area, as the result
of permanent and enforceable emission
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Fmt 4702
Sfmt 4702
13685
control measures, has recorded three
years of complete, quality assured
ambient air quality monitoring data for
the years 2019–2021 demonstrating
attainment of the 2008 ozone standard,
as shown in Table 1. As such, the area
is eligible for a waiver of NOX RACT
requirements, as specified in section
182(f)(1)(A) of the CAA. Upon final
approval of the NOX waiver, Illinois will
not be required to adopt and implement
NOX emission control regulations
pursuant section 182(f) for the Illinois
portion of the Chicago area to qualify for
redesignation. If the Chicago area
violates before redesignation, then EPA
would not be able to finalize approval
of a NOX waiver.
XI. Proposed Actions
EPA is proposing to determine that
the Illinois portion of the Chicago area
is attaining the 2008 ozone NAAQS,
based on quality-assured and certified
monitoring data for the 2019–2021
period. EPA is proposing to approve the
VOC RACT, enhanced I/M, CFVP, and
EMP SIP revisions included in Illinois’
January 25, 2022 submittal because they
satisfy the serious requirements of the
CAA for the Illinois portion of the
Chicago area. EPA is proposing to
approve a CAA section 182(f) waiver
from NOX RACT requirements for the
Illinois portion of the Chicago area
under the 2008 ozone NAAQS because
it satisfies the requirements of the CAA.
EPA is proposing to determine that, if
and when EPA approves Illinois’ VOC
RACT, enhanced I/M, CFVP, EMP, and
NOX RACT Exemption SIP submittals,
the Illinois portion of the Chicago area
will have met the requirements for
redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus proposing to
change the legal designation for the
Illinois portion of the ChicagoNaperville, IL-IN-WI area from
nonattainment to attainment for the
2008 ozone NAAQS. EPA is also
proposing to approve, as a revision to
the Illinois SIP, the state’s maintenance
plan for the area. The maintenance plan
is designed to keep the Illinois portion
of the Chicago area in attainment of the
2008 ozone NAAQS through 2035.
Finally, EPA is proposing to find
adequate and approve the newlyestablished 2035 Budgets for the Illinois
portion of the Chicago area.
XII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
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impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
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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
PO 00000
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Fmt 4702
Sfmt 9990
tribe has jurisdiction. In those areas of
Indian country, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, Administrative
practice and procedure, Designations
and classifications, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: March 3, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022–05020 Filed 3–9–22; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Proposed Rules]
[Pages 13668-13686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05020]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2022-0137; FRL-9604-01-R5]
Air Plan Approval; Illinois; Redesignation of the Illinois
Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to
Attainment of the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that the Illinois portion of the Chicago-Naperville, IL-IN-WI area
(Chicago area) is attaining the 2008 ozone National Ambient Air Quality
Standard (NAAQS or standard) and to act in accordance with a request
from Illinois submitted on January 25, 2022 to redesignate the Illinois
portion of the Chicago area to attainment for the 2008 ozone NAAQS
because the request meets the statutory requirements for redesignation
under the Clean Air Act (CAA). EPA is proposing to approve, as a
revision to the Illinois State Implementation Plan (SIP), the State's
plan for maintaining the 2008 ozone NAAQS through 2035 in the Illinois
portion of the Chicago area. EPA finds adequate and is proposing to
approve the 2035 volatile organic
[[Page 13669]]
compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle
Emission Budgets (Budgets) for the Illinois portion of the Chicago
area. Pursuant to section 110 and part D of the CAA, EPA is proposing
to approve the VOC reasonably available control technology (RACT),
enhanced motor vehicle inspection and maintenance (I/M), clean-fuel
vehicle programs (CFVP), and the enhanced monitoring of ozone and ozone
precursors (EMP) SIP revisions submitted by Illinois, because they
satisfy serious SIP requirements of the CAA for the Illinois portion of
the Chicago area. Finally, EPA is proposing to approve a CAA section
182(f) waiver from NOX RACT requirements for the Illinois
portion of the Chicago area under the 2008 ozone NAAQS.
DATES: Comments must be received on or before April 11, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0137 at https://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR 18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Illinois' redesignation request?
V. Has the state adopted approvable motor vehicle emission budgets?
VI. VOC RACT
VII. Enhanced I/M
VIII. Clean Fuels Vehicles Program
IX. Enhanced Monitoring Plan
X. NOX RACT Waiver
XI. Proposed Actions
XII. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing to take several related actions. First, EPA is
proposing to determine that the Illinois portion of the Chicago
nonattainment area is attaining the 2008 ozone NAAQS, based on quality-
assured and certified monitoring data for the 2019-2021 period. The
Illinois portion of the Chicago area consists of Cook, DuPage, Kane,
Lake, McHenry, and Will Counties and portions of Grundy (Aux Sable and
Goose Lake Townships) and Kendall (Oswego Township) Counties in
Illinois; the portions of the Chicago area outside of Illinois are Lake
and Porter Counties in Indiana, and the portion of Kenosha County,
Wisconsin east of Interstate 94. The Illinois portion of the Chicago
area has met the requirements for redesignation under section
107(d)(3)(E) of the CAA. EPA is thus proposing to change the legal
designation of the Illinois portion of the Chicago area from
nonattainment to attainment for the 2008 ozone NAAQS. EPA is proposing
to approve, as a revision to the Illinois SIP, the State's maintenance
plan (such approval being one of the CAA criteria for redesignation to
attainment status) for the area. The maintenance plan is designed to
keep the Chicago area in attainment of the 2008 ozone NAAQS through
2035. As part of the maintenance plan, EPA is proposing to approve the
2035 VOC and NOX Budgets for the Illinois portion of the
Chicago area. EPA is also proposing to approve several elements which
meet section 110 and part D of the CAA and EPA's regulations for an
area which is classified as serious nonattainment for the 2008 ozone
NAAQS. These elements include VOC RACT which includes the Stepan Co.
construction permit, Enhanced I/M certification, the CFVP, and the EMP
SIP revisions submitted by Illinois. Finally, EPA is proposing to
approve a CAA section 182(f) waiver from NOX RACT
requirements for the Illinois portion of the Chicago area under the
2008 ozone NAAQS. This NOX RACT waiver is based on the most
recent three years of complete, certified ozone monitoring data, which
show attainment of the 2008 ozone NAAQS in the Chicago area and
demonstrate that additional reduction of NOX emissions in
the area would not contribute to attainment of the 2008 ozone NAAQS.
II. What is the background for these actions?
EPA has determined that ground-level ozone is detrimental to human
health. On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS
of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008).
Under EPA's regulations at 40 CFR part 50, the 2008 ozone NAAQS is
attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.075 ppm, when truncated after the thousandth decimal place, at
all of the ozone monitoring sites in the area. See 40 CFR 50.15 and
appendix P to 40 CFR part 50.
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS, based on the most recent three years of
quality assured ozone monitoring data. The Chicago area was originally
designated as a marginal nonattainment area for the 2008 ozone NAAQS on
June 11, 2012 (77 FR 34221), effective July 20, 2012. EPA reclassified
the Chicago area from marginal to moderate nonattainment on May 4, 2016
(81 FR 26697), effective June 3, 2016. The Chicago area was again
reclassified to serious on August 23, 2019 (84 FR 44238), effective
September 23, 2019.
III. What are the criteria for redesignation?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines that the area has attained the NAAQS; (2) the Administrator
has fully approved the applicable implementation plan for the area
under section 110(k) of the CAA; (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP, applicable Federal air pollutant control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA; and (5) the state containing
the area has met all
[[Page 13670]]
requirements applicable to the area for the purposes of redesignation
under section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) (the ``General Preamble'') and
supplemented this guidance on April 28, 1992 (57 FR 18070). EPA has
provided further guidance on processing redesignation requests in the
following documents:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division,
June 18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni
Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
6. ``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum
from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994; and
10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May
10, 1995.
IV. What is EPA's analysis of Illinois' redesignation request?
A. Has the Chicago area attained the 2008 ozone NAAQS?
For redesignation of a nonattainment area to attainment, the CAA
requires EPA to determine that the Illinois portion of Chicago area has
attained the applicable NAAQS (CAA section 107(d)(3)(E)(i)). An area is
attaining the 2008 ozone NAAQS if it meets the 2008 ozone NAAQS, as
determined in accordance with 40 CFR 50.15 and appendix U of part 50,
based on three complete, consecutive calendar years of quality-assured
air quality data for all monitoring sites in the area. To attain the
NAAQS, the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentrations (ozone design values) at each monitor
must not exceed 0.075 ppm. The air quality data must be collected and
quality-assured in accordance with 40 CFR part 58 and recorded in EPA's
Air Quality System (AQS). Ambient air quality monitoring data for the
3-year period must also meet data completeness requirements. An ozone
design value is valid if daily maximum 8-hour average concentrations
are available for at least 90 percent of the days within the ozone
monitoring seasons,\1\ on average, for the 3-year period, with a
minimum data completeness of 75 percent during the ozone monitoring
season of any year during the 3-year period. See section 4 of appendix
P to 40 CFR part 50.
---------------------------------------------------------------------------
\1\ The ozone season is defined by state in 40 CFR 58 appendix
D. The ozone season for Illinois is March-October. See 80 FR 65292,
65466-67 (October 26, 2015).
---------------------------------------------------------------------------
EPA has reviewed the available ozone monitoring data from
monitoring sites in the Chicago area for the 2019-2021 period. These
data have been quality assured, are recorded in the Air Quality System
(AQS), and have been certified. These data demonstrate that the Chicago
area is attaining the 2008 ozone NAAQS. The annual fourth-highest 8-
hour ozone concentrations and the 3-year average of these
concentrations (monitoring site ozone design values) for each
monitoring site are summarized in Table 1.
Table 1--Annual Fourth High Daily Maximum 8-Hour Ozone Concentrations (ppm) and 3-Year Average of the Fourth High Daily Maximum 8-Hour Ozone
Concentrations for the Chicago Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
3-Year average
State/county Monitoring site (AQS site ID) 2019 2020 2021 2019-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois:
Cook....................................... Alsip (17-031-0001).................... 0.070 0.076 0.068 0.071
Cook....................................... Chicago--SWFP (17-031-0032)............ 0.071 0.077 0.077 0.075
Cook....................................... Chicago--ComED (17-031-0076)........... 0.065 0.063 0.070 0.067
Cook....................................... Chicago--Taft (17-031-1003)............ 0.069 0.076 0.068 0.071
Cook....................................... Lemont (17-031-1601)................... 0.068 0.078 0.072 0.072
Cook....................................... Shiller Park (17-031-3103)............. 0.064 0.068 0.060 0.064
Cook....................................... Cicero (17-031-4002)................... 0.064 0.079 0.067 0.070
Cook....................................... Des Plaines (17-031-4007).............. 0.066 0.072 0.069 0.069
Cook....................................... Northbrook (17-031-4201)............... 0.069 0.079 0.075 0.074
Cook....................................... Evanston (17-031-7002)................. 0.069 0.074 0.078 0.073
DuPage..................................... Lisle (17-043-6001).................... 0.066 0.073 0.069 0.070
Kane....................................... Elgin (17-089-0005).................... 0.071 0.073 0.068 0.070
Lake....................................... Zion (17-097-1007)..................... 0.066 0.076 0.077 0.073
McHenry.................................... Cary (17-111-0001)..................... 0.070 0.076 0.069 0.071
Will....................................... Braidwood (17-197-1011)................ 0.060 0.067 0.065 0.064
Indiana:
Lake....................................... Gary (18-089-0022)..................... 0.066 0.074 0.070 0.069
Lake....................................... Hammond (18-089-2008).................. 0.065 0.071 0.068 0.068
Porter..................................... Ogden Dunes (18-127-0024).............. 0.068 0.076 0.072 0.072
[[Page 13671]]
Porter..................................... Valparaiso (18-127-0026)............... 0.071 0.067 0.066 0.068
Wisconsin:
Kenosha.................................... Chiwaukee (55-059-0019)................ 0.067 0.078 0.079 0.074
Kenosha.................................... Kenosha (55-059-0025).................. 0.066 0.078 0.072 0.072
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Chicago area's 3-year ozone design value for 2019-2021 is 0.075
ppm,\2\ which meets the 2008 ozone NAAQS. Therefore, in today's action,
EPA proposes to determine that the Illinois portion of the Chicago area
is attaining the 2008 ozone NAAQS.
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\2\ The monitor ozone design value for the monitor with the
highest 3-year averaged concentration.
---------------------------------------------------------------------------
EPA will not take final action to determine that the Illinois
portion of the Chicago area is attaining the NAAQS, nor to approve the
redesignation of the Illinois portion of the Chicago area, if the
design value of a monitoring site in the area violates the NAAQS after
proposal but prior to final approval of the redesignation. As discussed
in section IV.D.3. below, Illinois has committed to continue monitoring
ozone in this area to verify maintenance of the 2008 ozone NAAQS.
B. Has Illinois met all applicable requirements of section 110 and part
D of the CAA for the Illinois portion of the Chicago area, and does
Illinois have a fully approved SIP for the area under section 110(k) of
the CAA?
As criteria for redesignation of an area from nonattainment to
attainment of a NAAQS, the CAA requires EPA to determine that the state
has met all applicable requirements under section 110 and part D of the
CAA (see section 107(d)(3)(E)(v) of the CAA) and that the state has a
fully approved SIP under section 110(k) of the CAA (see section
107(d)(3)(E)(ii) of the CAA). EPA finds that Illinois has met all
applicable SIP requirements, for purposes of redesignation, under
section 110 and part D of the CAA (requirements specific to
nonattainment areas for the 2008 ozone NAAQS). The Illinois submittal
included several nonattainment plan elements to address the serious
nonattainment area requirements for the Illinois portion of the Chicago
area for the 2008 ozone NAAQS. These include VOC RACT, CFVP, EMP,
Enhanced I/M, and a 182(f) waiver from NOX RACT. As
discussed in sections VI through X below, EPA is proposing to approve
these elements as meeting the requirements of section 182(c) of the CAA
for the Illinois portion of the Chicago area under the 2008 ozone
NAAQS. With the exception of those SIP elements, EPA finds that all
applicable requirements of the Illinois SIP for the Chicago area, for
purposes of redesignation, have been fully approved under section
110(k) of the CAA.
Recognizing that the serious VOC RACT, CFVP, EMP, enhanced I/M, and
182(f) waiver from NOX RACT must be approved on or before we
complete final rulemaking redesignating the area, we determine here
that, assuming that this occurs, Illinois will have met all applicable
section 110 and part D SIP requirements of the CAA for purposes of
redesignation. In making these determinations, EPA ascertained which
CAA requirements are applicable to the Illinois portion of the Chicago
area and the Illinois SIP and, if applicable, whether the required
Illinois SIP elements are fully approved under section 110(k) and part
D of the CAA. As discussed more fully below, SIPs must be fully
approved only with respect to currently applicable requirements of the
CAA.
The September 4, 1992 Calcagni memorandum describes EPA's
interpretation of section 107(d)(3)(E) of the CAA. Under this
interpretation, a state and the area it wishes to redesignate must meet
the relevant CAA requirements that are due prior to the state's
submittal of a complete redesignation request for the area. See also
the September 17, 1993, Michael Shapiro memorandum and 60 FR 12459,
12465-66 (March 7, 1995) (redesignation of Detroit-Ann Arbor, Michigan
to attainment of the 1-hour ozone NAAQS). Applicable requirements of
the CAA that come due subsequent to the state's submittal of a complete
request remain applicable until a redesignation to attainment is
approved, but are not required as a prerequisite to redesignation. See
section 175A(c) of the CAA and Sierra Club v. EPA, 375 F.3d 537 (7th
Cir. 2004). See also 68 FR 25424, 25427 (May 12, 2003) (redesignation
of the St. Louis/East St. Louis area to attainment of the 1-hour ozone
NAAQS).
Since EPA is proposing here to determine that the area has attained
the 2008 standard, under 40 CFR 51.918, if that determination is
finalized, the requirements to submit certain planning SIPs related to
attainment, including attainment demonstration requirements (the
reasonably available control measures (RACM) requirement of section
172(c)(1) of the CAA, the reasonable further progress (RFP) and
attainment demonstration requirements of sections 172(c)(2) and (6) and
182(b)(1) of the CAA, and the requirement for contingency measures of
section 172(c)(9) of the CAA) would not be applicable to the area as
long as it continues to attain the NAAQS and would cease to apply upon
redesignation. In addition, in the context of redesignations, EPA has
interpreted requirements related to attainment as not applicable for
purposes of redesignation. For example, in the General Preamble, EPA
stated that:
``The section 172(c)(9) requirements are directed at ensuring RFP
and attainment by the applicable date. These requirements no longer
apply when an area has attained the standard and is eligible for
redesignation. Furthermore, section 175A for maintenance plans provides
specific requirements for contingency measures that effectively
supersede the requirements of section 172(c)(9) for these areas.''
(General Preamble, 57 FR at 13564).
See also Calcagni memorandum at 6 (``The requirements for
reasonable further progress and other measures needed for attainment
will not apply for redesignations because they only have meaning for
areas not attaining the standard'').
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA delineates the general requirements
for a SIP. Section 110(a)(2) provides that the SIP must have been
adopted by the state after reasonable public notice and hearing, and
that, among other things, it
[[Page 13672]]
must: (1) Include enforceable emission limitations and other control
measures, means or techniques necessary to meet the requirements of the
CAA; (2) provide for establishment and operation of appropriate
devices, methods, systems and procedures necessary to monitor ambient
air quality; (3) provide for implementation of a source permit program
to regulate the modification and construction of stationary sources
within the areas covered by the plan; (4) include provisions for the
implementation of part C prevention of significant deterioration (PSD)
and part D new source review (NSR) permit programs; (5) include
provisions for stationary source emission control measures, monitoring,
and reporting; (6) include provisions for air quality modeling; and,
(7) provide for public and local agency participation in planning and
emission control rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
certain air pollutants, e.g., NOX SIP call, the Clean Air
Interstate Rule (CAIR), Cross State Air Pollution Rule (CSAPR).
However, like many of the 110(a)(2) requirements, the section
110(a)(2)(D) SIP requirements are not linked with a particular area's
ozone designation and classification. EPA concludes that the SIP
requirements linked with the area's ozone designation and
classification are the relevant measures to evaluate when reviewing a
redesignation request for the area. The section 110(a)(2)(D)
requirements, where applicable, continue to apply to a state regardless
of the designation of any one particular area within the state. Thus,
we believe these requirements are not applicable requirements for
purposes of redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399
(October 19, 2001), 68 FR 25418, 25426-27 (May 13, 2003).
In addition, EPA believes that other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's ozone attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment of the 2008
ozone NAAQS. The section 110 and part D requirements which are linked
with a particular area's designation and classification are the
relevant measures to evaluate in reviewing a redesignation request.
This approach is consistent with EPA's existing policy on applicability
(i.e., for redesignations) of conformity requirements, as well as with
section 184 ozone transport requirements. See Reading, Pennsylvania
proposed and final rulemakings, 61 FR 53174-53176 (October 10, 1996)
and 62 FR 24826 (May 7, 1997); Cleveland-Akron-Loraine, Wisconsin final
rulemaking, 61 FR 20458 (May 7, 1996); and Tampa, Florida final
rulemaking, 60 FR 62748 (December 7, 1995). See also the discussion of
this issue in the Cincinnati, Ohio ozone redesignation, 65 FR 37890
(June 19, 2000), and the Pittsburgh, Pennsylvania ozone redesignation,
66 FR 50399 (October 19, 2001).
We have reviewed the Illinois SIP and have concluded that it meets
the general SIP requirements under section 110 of the CAA, to the
extent those requirements are applicable for purposes of
redesignation.\3\
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\3\ EPA has previously approved provisions of the Illinois SIP
addressing section 110 elements under the 2008 ozone NAAQS. See 79
FR 62042 (Oct. 16, 2014) and 84 FR 49671 (Sept. 23, 2019).
---------------------------------------------------------------------------
b. Part D Requirements
Section 172(c) of the CAA sets forth the basic requirements of air
quality plans for states with nonattainment areas that are required to
submit them pursuant to section 172(b). Subpart 2 of part D, which
includes section 182 of the CAA, establishes specific requirements for
ozone nonattainment areas depending on the areas' nonattainment
classifications.
The Chicago area is classified as serious under subpart 2 for the
2008 ozone NAAQS. As such, the area is subject to the subpart 1
requirements contained in section 172(c) and section 176 as well as the
subpart 2 requirements contained in sections 182(a), (b), and (c)
(marginal, moderate, and serious nonattainment area requirements). A
thorough discussion of the requirements contained in section 172(c) and
182 can be found in the General Preamble.
i. Subpart 1 Section 172 Requirements
Section 172(c)(1) 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. Under
this requirement, a state must consider all available control measures,
including reductions that are available from adopting RACT on existing
sources, for a nonattainment area and adopt and implement such measures
as are reasonably available in the area as components of the area's
attainment demonstration. Illinois submitted an attainment
demonstration for the Illinois portion of the Chicago 2008 ozone NAAQS
moderate nonattainment area on January 10, 2019. Because attainment has
been reached in the Illinois portion of the Chicago area, no additional
measures are needed to provide for attainment, and section 172(c)(1)
requirements are no longer considered to be applicable as long as the
area continues to attain the standard until redesignation. See 40 CFR
51.918. If EPA finalizes the redesignation of the area, EPA will take
no further action on the attainment demonstration submitted by
Illinois.
The RFP requirement under section 172(c)(2) is defined as progress
that must be made toward attainment. This requirement is not relevant
for purposes of redesignation because the Chicago area has monitored
attainment of the 2008 ozone NAAQS. See General Preamble, 57 FR at
13564.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. This
requirement was superseded by the inventory requirement in section
182(a)(1) discussed below.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in an
area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
anywhere in the nonattainment area. On February 6, 2019 (84 FR 2063),
EPA approved Illinois' certification that its existing SIP approved NSR
regulations fully satisfy the NSR requirements set forth in 40 CFR
51.165 for both marginal and moderate ozone nonattainment areas for the
2008 ozone NAAQS. Nonetheless, EPA has determined that, since PSD
requirements will apply after redesignation, an area being redesignated
need not comply with the requirement that the NSR program be approved
prior to redesignation, provided that the area demonstrates maintenance
of the NAAQS without part D NSR. A more detailed rationale for this
view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Illinois has demonstrated that the
Illinois portion of the Chicago area will be able to maintain the 2008
ozone NAAQS without part D NSR in effect; therefore,
[[Page 13673]]
EPA concludes that the state need not have a fully approved part D NSR
program prior to approval of the redesignation request. See rulemakings
for Detroit, Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-
Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville,
Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids, Michigan
(61 FR 31834-31837, June 21, 1996). The Illinois PSD program will
become effective in the Illinois portion of the Chicago area upon
redesignation to attainment. EPA approved Illinois' PSD program on
September 9, 2021 (86 FR 50459).
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the standard. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we believe the
Illinois SIP meets the requirements of section 110(a)(2) for purposes
of redesignation.
Section 172(c)(9) requires the SIP to provide for the
implementation of contingency measures if the area fails to make
reasonably further progress or to attain the NAAQS by the attainment
deadline. Because the Illinois portion of the Chicago area has attained
the ozone NAAQS and is no longer subject to an RFP requirement, the
section 172(c)(9) contingency measures are not applicable for purposes
of redesignation. (General Preamble, 57 FR at 13564). See also 40 CFR
51.918.
ii. Section 176 Conformity Requirements
Section 176(c) of the CAA requires that federally supported or
funded projects conform to the applicable SIP. The requirement to
determine conformity applies to transportation plans, programs and
projects that are developed, funded or approved under title 23 of the
United States Code (U.S.C.) and the Federal Transit Act (transportation
conformity) as well as to all other federally supported or funded
projects (general conformity). State transportation conformity SIP
revisions must be consistent with Federal conformity regulations
relating to consultation, enforcement and enforceability that EPA
promulgated pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \4\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state conformity rules have
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also 60 FR 62748 (December 7,
1995) (redesignation of Tampa, Florida).
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\4\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from SIPs requiring the development of Motor
Vehicle Emission Budgets, such as control strategy SIPs and
maintenance plans.
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EPA approved Illinois' general conformity SIP on December 23, 1997
(62 FR 67000). Illinois does not have a federally approved
transportation conformity SIP. However, Illinois performs conformity
analyses pursuant to EPA's Federal conformity rules. Illinois has also
submitted 2035 VOC and NOX Budgets for the Illinois portion
of the Chicago area. The metropolitan planning organization that covers
the Illinois portion of this area must use these Budgets in any
conformity determination that is effective on or after the effective
date of the maintenance plan approval.
iii. Subpart 2 Section 182(a), (b), and (c) Requirements
Section 182(a)(1) requires states to submit a comprehensive,
accurate, and current inventory of actual emissions from sources of VOC
and NOX emitted within the boundaries of the ozone
nonattainment area. EPA approved Illinois' base year emissions
inventory for the Illinois portion of the Chicago area on March 7, 2016
(81 FR 11671) and August 19, 2020 (85 FR 50955).
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC RACT rules that were required under
section 172(b)(3) prior to the 1990 CAA amendments. The Illinois
portion of the Chicago area is not subject to the section 182(a)(2)
RACT ``fix up'' requirement for the 2008 ozone NAAQS because it was
designated as nonattainment for this standard after the enactment of
the 1990 CAA amendments and because Illinois complied with this
requirement for the Illinois portion of the Chicago area under the
prior 1-hour ozone NAAQS. See February 21, 1980 (45 FR 11472); November
21, 1987 (52 FR 45333); and September 9, 1994 (59 FR 46562).
Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented or was required to implement a
vehicle I/M program prior to the 1990 CAA Amendments to submit a SIP
revision for an I/M program no less stringent than that required prior
to the 1990 CAA Amendments or already in the SIP at the time of the CAA
Amendments, whichever is more stringent. For the purposes of the 2008
ozone standard and the consideration of Illinois' redesignation request
for this standard, the Illinois portion of the Chicago area is not
subject to the section 182(a)(2)(B) requirement because the area was
designated as nonattainment for the 2008 ozone standard after the
enactment of the 1990 CAA Amendments and because Illinois complied with
this requirement for the Illinois portion of the Chicago area under the
prior 1-hour ozone NAAQS.
Section 182(a)(3) requires states to submit periodic emission
inventories and a revision to the SIP to require the owners or
operators of stationary sources to annually submit emission statements
documenting actual VOC and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule, Illinois will continue to
update its emissions inventory at least once every three years. EPA
approved Illinois' emission statement SIP for the Illinois portion of
the Chicago area for the 2008 ozone NAAQS on July 11, 2017 (82 FR
31913).
Section 182(b)(1) requires the submission of an attainment
demonstration and RFP plan. Illinois submitted an attainment
demonstration and RFP plan for the Illinois portion of the Chicago 2008
ozone NAAQS moderate nonattainment area on January 10, 2019. Because
attainment has been reached, section 182(b)(1) requirements are no
longer considered to be applicable if the area continues to attain the
standard. If EPA finalizes approval of the redesignation of the area,
EPA will take no further action on the attainment demonstration
submitted by Illinois.
Section 182(b)(2) requires states with moderate nonattainment areas
to implement VOC RACT with respect to each of the following: (1) All
sources covered by a Control Technology Guideline (CTG) document issued
between November 15, 1990, and the date of attainment; (2) all sources
covered by a CTG issued prior to November 15, 1990; and (3) all other
major non-CTG stationary sources. EPA approved Illinois' moderate VOC
RACT SIP for the Illinois portion of the Chicago area on August 13,
2021 (86 FR 44616). Illinois submitted VOC RACT at the serious major
source threshold on
[[Page 13674]]
January 25, 2022. As discussed in section VI., below, EPA is proposing
to approve these submittals as meeting the serious VOC RACT
requirements of section 182(b)(2) of the CAA. EPA will not finalize
this redesignation until we have fully approved Illinois' VOC RACT SIP.
Section 182(b)(3) requires states to adopt Stage II gasoline vapor
recovery regulations. On May 16, 2012 (77 FR 28772), EPA determined
that the use of onboard vapor recovery technology for capturing
gasoline vapor when gasoline-powered vehicles are refueled is in
widespread use throughout the highway motor vehicle fleet and waived
the requirement that current and former ozone nonattainment areas
implement Stage II vapor recovery systems on gasoline pumps.
Section 182(b)(4) requires a basic vehicle I/M program in each
state with a moderate ozone nonattainment area. EPA approved Illinois'
enhanced I/M program on February 22, 1999 (64 FR 8517) and on August
13, 2014 (79 FR 47377). EPA approved Illinois' I/M program
certification for the Illinois portion of the Chicago area for the
moderate classification of the 2008 ozone NAAQS on August 19, 2020 (85
FR 50955).
Regarding the source permitting and offset requirements of sections
182(a)(2)(C), 182(a)(4), and 182(b)(5), Illinois currently has a fully
approved part D NSR program in place. EPA approved Illinois' NSR SIP on
May 13, 2003 (68 FR 25504), September 27, 1995 (60 FR 49778), December
17, 1992 (57 FR 59928), March 31, 1986 (51 FR 10837), September 25,
1985 (50 FR 38803), September 3, 1981 (46 FR 44172), and February 21,
1980 (45 FR 11470). Further, EPA approved Illinois' SIP revision
addressing the NSR requirements for the 2008 ozone NAAQS on February 6,
2019 (84 FR 2063). In addition, EPA approved Illinois' PSD program on
September 9, 2021 (86 FR 50459), which will become effective in the
Illinois portion of the Chicago area upon redesignation to attainment.
Section 182(c) contains the requirements for areas classified as
serious. On August 23, 2019 (84 FR 44238), EPA reclassified the Chicago
area from moderate to serious and established August 3, 2020 and March
23, 2021 as the due dates for serious area SIP revisions.
Section 182(c)(1) of the CAA requires states with nonattainment
areas classified serious or higher to adopt and implement a program to
improve air monitoring for ambient concentrations of ozone,
NOX and VOC. EPA initiated the Photochemical Assessment
Monitoring Stations (PAMS) program in February 1993. The PAMS program
required the establishment of an enhanced monitoring network in all
ozone nonattainment areas classified as serious, severe, or extreme. On
February 25, 1994 (59 FR 9091), EPA approved Illinois' SIP revision
establishing an EMP. For the reasons discussed in section IX, EPA is
proposing to approve the Illinois' EMP certification for the 2008 ozone
NAAQS. EPA will not finalize this redesignation until it has approved
the EMP program certification.
CAA section 182(c)(3) requires states with ozone nonattainment
areas classified as serious or higher to adopt and implement a program
for an Enhanced I/M program. Illinois submitted an Enhanced I/M
performance modeling analysis on January 25, 2022 to support the I/M
program certification. For the reasons discussed in section VII, below,
EPA is proposing to approve the Illinois I/M certification as meeting
the section 182(c)(3) serious enhanced I/M requirements for the
Illinois portion under the 2008 ozone NAAQS. EPA will not finalize this
redesignation until it has approved the I/M program certification.
CAA section 182(c)(4) requires states with ozone nonattainment
areas classified as serious or higher to submit a SIP revision
describing implementation of a CFVP, as described in CAA title II part
C (40 CFR 88). EPA approved Illinois' CFVP on March 19, 1996 (61 FR
11139). CAA section 182(c)(4) included numerical standards for the CFVP
that were intended to encourage innovation and reduce emissions for
fleets of motor vehicles in certain nonattainment areas as compared to
conventionally fueled vehicles available at the time. As originally
adopted, those Clean Fuel Fleet standards were substantially more
stringent than the standards that applied to vehicles and engines
generally. Now that EPA has begun implementing Tier 3 emission
standards in 40 CFR part 86, subpart S, the Clean Fuel Fleet standards
are either less stringent than or equivalent to the standards that
apply to vehicles and engines generally. On July 29, 2021 (86 FR
34308), EPA published a final rule in which EPA determined that
vehicles and engines certified to current emission standards under 40
CFR part 86 or 1036 are deemed to also meet the Clean Fuel Fleet
standards as Ultra Low-Emission Vehicles.
For the reasons discussed in section VIII., EPA is proposing to
approve the Illinois' certification that its current CFVP meets the
serious CFVP requirements for the Illinois portion for the 2008 ozone
NAAQS. EPA will not finalize this redesignation until it has approved
the CFVP program.
The remaining section 182(c) requirements for areas classified as
serious include: An attainment demonstration, RFP, RFP contingency
measures, and a transportation control demonstration. These elements
are not needed to redesignate the Illinois portion because the area has
attained the 2008 ozone NAAQS. This rationale is outlined in 40 CFR
51.918, the General Preamble, and the Calcagni memorandum at 6 (``The
requirements for reasonable further progress and other measures needed
for attainment will not apply for redesignations because they only have
meaning for areas not attaining the standard.''). EPA believes that it
is reasonable to interpret these provisions so as not to require areas
that are meeting the ozone standard to make the SIP submissions to EPA
described in the provisions as long as the areas continue to meet the
standard. (If such an area were to monitor a violation of the standard
prior to being redesignated to attainment, however, the area would have
to address the pertinent requirements and submit the SIP revisions
described in those provisions to EPA.)
Thus, as discussed above, with approval of Illinois' VOC RACT,
enhanced I/M certification, the CFVP certification, the EMP SIP
section, and the 182(f) waiver from NOX RACT, EPA finds that
the Illinois portion will satisfy all applicable requirements for
purposes of redesignation under section 110 and part D of the CAA.
Section 182(f) of the CAA establishes NOX requirements
for ozone nonattainment areas. Section 182(f)(1) generally requires
major sources of NOX to be covered by the same levels of
emission controls as required for major sources of VOC. Since moderate
(or above) ozone nonattainment areas are required to be covered by RACT
rules for major VOC sources, these ozone nonattainment areas are also
required to have NOX RACT rules. Section 182(f)(1) of the
CAA, however, also provides that the requirement for such
NOX emission controls does not apply (can be waived) in an
area if the Administrator determines that net air quality benefits are
greater in the absence of the NOX emission reductions. The
NOX emission control requirements can also be waived if the
Administrator determines that additional reductions of NOX
emissions would not contribute to attainment of the ozone NAAQS.
[[Page 13675]]
On January 25, 2022, Illinois requested a waiver from
NOX RACT requirements for the Illinois portion of the
Chicago area based on the fact that the 2008 ozone standard had been
attained in the Chicago area and additional NOX emission
reductions in this area are not needed to attain the 2008 ozone NAAQS.
As discussed in section X below, EPA is proposing to grant Illinois a
waiver from NOX RACT for the Illinois portion of the Chicago
area for the 2008 ozone NAAQS.
The Illinois portion has a fully approved SIP for purposes of
redesignation under section 110(k) of the CAA. At various times,
Illinois has adopted and submitted, and EPA has approved, provisions
addressing the various SIP elements applicable for the ozone NAAQS. As
discussed above, if EPA finalizes approval of Illinois' VOC RACT
submissions, enhanced I/M certification, CFVP certification, EMP
certification, and 182(f) waiver from NOX RACT, EPA will
have fully approved the Illinois SIP for the Illinois portion of the
Chicago area under section 110(k) for all requirements applicable for
purposes of redesignation under the 2008 ozone NAAQS. EPA may rely on
prior SIP approvals in approving a redesignation request (see the
Calcagni memorandum at page 3; Southwestern Pennsylvania Growth
Alliance v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v.
EPA, 265 F.3d 426 (6th Cir. 2001)). Additional measures may also be
approved in conjunction with a redesignation action (see 68 FR 25426
(May 12, 2003) and citations therein).
C. Are the air quality improvements in the Chicago area due to
permanent and enforceable emission reductions?
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and enforceable emission reductions. EPA has determined that
Illinois has demonstrated that that the observed ozone air quality
improvement in the Illinois portion of the Chicago area is due to
permanent and enforceable reductions in VOC and NOX
emissions resulting from state measures adopted into the SIP and
Federal measures.
In making this demonstration, the state has calculated the change
in emissions between 2011 and 2019. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to several regulatory control measures that the Chicago area
and upwind areas have implemented in recent years. In addition,
Illinois provided an analysis to demonstrate the improvement in air
quality was not due to unusually favorable meteorology. Based on the
information summarized below, EPA finds that Illinois has adequately
demonstrated that the improvement in air quality is due to permanent
and enforceable emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule
(CSAPR). Under the ``good neighbor provision'' of CAA section
110(a)(2)(D)(i)(I), states are required to address interstate transport
of air pollution. Specifically, the good neighbor provision provides
that each state's SIP must contain provisions prohibiting emissions
from within that state which will contribute significantly to
nonattainment of the NAAQS, or interfere with maintenance of the NAAQS,
in any other state.
On May 12, 2005, EPA published CAIR, which required eastern states,
including Illinois, to prohibit emissions consistent with annual and
ozone season NOX budgets and annual sulfur dioxide
(SO2) budgets (70 FR 25152). CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate
matter (PM2.5) NAAQS and was designed to mitigate the impact
of transported NOX emissions, a precursor of both ozone and
PM2.5, as well as transported SO2 emissions,
another precursor of PM2.5. The United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded
CAIR to EPA for replacement in 2008. North Carolina v. EPA, 531 F.3d
896, modified, 550 F.3d 1176 (2008). While EPA worked on developing a
replacement rule, implementation of the CAIR program continued as
planned with the NOX annual and ozone season programs
beginning in 2009 and the SO2 annual program beginning in
2010.
On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, EPA published CSAPR to replace CAIR and to address the good
neighbor provision for the 1997 ozone NAAQS, the 1997 PM2.5
NAAQS, and the 2006 PM2.5 NAAQS. Through Federal
Implementation Plans, CSAPR required electric generating units (EGUs)
in eastern states, including Illinois, to meet annual and ozone season
NOX budgets and annual SO2 budgets implemented
through new trading programs. After delays caused by litigation, EPA
started implementing the CSAPR trading programs in 2015, simultaneously
discontinuing administration of the CAIR trading programs. On October
26, 2016, EPA published the CSAPR Update, which established, starting
in 2017, a new ozone season NOX trading program for EGUs in
eastern states, including Illinois, to address the good neighbor
provision for the 2008 ozone NAAQS (81 FR 74504). The CSAPR Update is
estimated to result in a 20 percent reduction in ozone season
NOX emissions from EGUs in the eastern United States, a
reduction of 80,000 tons in 2017 compared to 2015 levels. The reduction
in NOX emissions from the implementation of CAIR and then
CSAPR occurred by the attainment years and additional emission
reductions will occur throughout the maintenance period.
b. Illinois Point Source Reductions
Illinois has implemented several programs to control emissions for
point sources. Illinois has RACT for all major emissions sources and
for all sources covered by a CTG. A CTG is a document issued by EPA
which establishes a ``presumptive norm'' for RACT for a specific VOC
source category. Illinois has adopted New Source Performance Standards
(NSPS) for three source categories: Reciprocating Internal Combustion
Engine Standards; Industrial/Commercial/Institutional Steam Generating
Units; and Crude Oil and Natural Gas Production, Transmission and
Distribution. National Emission Standards for Hazardous Air Pollutants
(NESHAP)/Maximum Achievable Control Technology (``MACT'') Standards
that cover the Reciprocating Internal Combustion Engines, Industrial/
Commercial/Institutional Boilers and Process Heaters source categories
are also being implemented in the Illinois portion.
c. Federal Emission Control Measures
Reductions in VOC and NOX emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following:
Tier 3 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3
motor vehicle emission and fuel standards to reduce both tailpipe and
evaporative emissions and to further reduce the sulfur content
[[Page 13676]]
in fuels. The rule is being phased in between 2017 and 2025. Tier 3
sets new tailpipe standards for the sum of VOC and NOX and
for particulate matter (PM). The VOC and NOX tailpipe
standards for light-duty vehicles represent approximately an 80 percent
reduction from today's fleet average and a 70 percent reduction in per-
vehicle PM standards. Heavy-duty tailpipe standards represent about a
60 percent reduction in both fleet average VOC and NOX and
per-vehicle PM standards. The evaporative emissions requirements in the
rule will result in approximately a 50 percent reduction from current
standards and apply to all light-duty and on-road gasoline-powered
heavy-duty vehicles. Finally, the rule lowered the sulfur content of
gasoline to an annual average of 10 ppm by January 2017. As projected
by these estimates and demonstrated in the on-road emission modeling
for the Illinois portion, some of these emission reductions occurred by
the attainment years and additional emission reductions will occur
throughout the maintenance period, as older vehicles are replaced with
newer, compliant model years.
Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for
on-road heavy-duty diesel engines that includes standards limiting the
sulfur content of diesel fuel. Emissions standards for NOX,
VOC, and PM were phased in between model years 2007 and 2010. In
addition, the rule reduced the highway diesel fuel sulfur content to 15
parts per million by 2007, leading to additional reductions in
combustion NOX and VOC emissions. EPA has estimated future
year emission reductions due to implementation of this rule.
Nationally, EPA estimated that by 2015 NOX and VOC emissions
would decrease by 1,260,000 tons and 54,000 tons, respectively.
Nationally, EPA estimated that by 2030 NOX and VOC emissions
will decrease by 2,570,000 tons and 115,000 tons, respectively. As
projected by these estimates and demonstrated in the on-road emission
modeling for the Illinois portion, some of these emission reductions
occurred by the attainment years and additional emission reductions
will occur throughout the maintenance period, as older vehicles are
replaced with newer, compliant model years.
Non-road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for non-road diesel engines and
sulfur reductions in non-road diesel fuel. This rule applies to diesel
engines used primarily in construction, agricultural, and industrial
applications. Emission standards were phased in for the 2008 through
2015 model years based on engine size. The sulfur limits for non-road
diesel fuels were phased in from 2007 through 2012. EPA estimated that
compliance with this rule will cut NOX emissions from these
non-road diesel engines by approximately 90 percent. As projected by
these estimates and demonstrated in the non-road emission modeling for
the Illinois portion, some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period.
Non-road Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards were
phased in from model year 2004 through 2012. EPA estimated an overall
72 percent reduction in VOC emissions from these engines and an 80
percent reduction in NOX emissions. As projected by these
estimates and demonstrated in the non-road emission modeling for the
Illinois portion, as shown in tables 2 and 3 below, some of these
emission reductions occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896), EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
applied beginning in 2011 and are expected to result in a 15 to 25
percent reduction in NOX emissions from these engines. Final
Tier 3 emission standards applied beginning in 2016 and are expected to
result in approximately an 80 percent reduction in NOX from
these engines. As projected by these estimates and demonstrated in the
non-road emission modeling for the Illinois portion, some of these
emission reductions occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period.
2. Emission Reductions
Illinois is using a 2011 emissions inventory as the nonattainment
year. This is appropriate because it was one of the years used to
designate the Chicago area as nonattainment. Illinois is using 2019 as
the attainment year, which is appropriate because it is one of the
years in the 2019-2021 period used to demonstrate attainment.
The 2011 emissions inventory was derived from an emissions
inventory for the Chicago area approved by EPA as meeting the
requirements of CAA section 182(a)(1). See 81 FR 11671 (March 7, 2016).
Point source information was compiled from 2019 annual emissions
reports submitted to the Illinois Environmental Protection Agency
(Illinois EPA) by emission sources. Area source emissions were
calculated primarily using an emission factor multiplied by an activity
rate (e.g., population, employment, amount of fuel burned, etc.).
On-road mobile source emissions were calculated using EPA's MOVES3
emissions model with vehicle miles traveled (VMT) data provided by the
Illinois Department of Transportation (IDOT). Non-road mobile source
emissions were also calculated using EPA's MOVES3 emissions model.
Aircraft emissions were developed using the Federal Aviation
Administration's data from the 2017 Terminal Area Forecast for the
Illinois portion of the Chicago area. Emissions from locomotives were
developed from 2017 values using existing work from other rail
projects. Commercial marine vessel emissions were developed from 2019
values using the Army Corps of Engineers 2019 report of Waterborne
Commerce of the United States.
Illinois has projected NOX and VOC emissions for the
Illinois portion of the Chicago area for 2035. Illinois has also
projected 2030 emissions to represent a midpoint during the maintenance
period. Emissions for these two projection years are compared to
emission levels in 2019 to determine whether the maintenance plan is
adequate to maintain the NAAQS during this period. Point and area
source categories, along with non-road categories not calculated by the
MOVES model, were calculated using EPA's 2011 Version 6.2 emissions
modeling platform, also known as the NODA. This data set projects 2011
emissions to 2017 and 2025. To account for a base year of 2019 and
projected years of 2030 and 2035, additional manipulation had to be
performed to obtain appropriate growth factors. In this case, the Excel
TREND function was used to extrapolate data from the individual years
of 2017 to 2025 in order to obtain 2030 emissions.
Emissions presented in the NODA are expressed in tons/year. Growth
factors for the applicable year (2030 or 2035) were calculated by
taking the ratio of the future year to the base year. Illinois had
already calculated daily emissions
[[Page 13677]]
for the 2019 inventory, so calculating emissions for the future years
was a simple multiplication of the applicable growth factor to obtain
the future year emissions.
Illinois EPA's 2019 inventory included some point sources that
began operation after the 2011 NODA base year. These emissions were
grown using growth factors already calculated using the NODA for the
same source classification codes (SCC). Illinois modified the
projections in the NODA point source portion of the inventory in
certain cases where fuel switching and/or shutdowns occurred. Two large
combustion sources were also included in the 2030 and 2035 point source
inventories. These sources obtained a construction permit but have not
yet been constructed. Daily emissions for these sources were calculated
by dividing the allowable emissions by 365.
On-road and non-road emissions for 2030 and 2035 were calculated
using the MOVES3 model. The inputs assume the continued phase-in of the
Tier 3 standards beginning in 2017, and continued operation of
Illinois' vehicle I/M program, and all existing fuel programs.
As part of common practice when projecting non-road emissions,
emissions from a proposed third airport for the Chicago area have been
included in this inventory.
Emissions for the Indiana and Wisconsin portions of the Chicago
area were based on inventories developed by those states in an earlier
round of redesignation requests. For the current document, 2011 and
2030 emissions are directly taken from these earlier inventories,
whereas 2019 and 2035 emissions were determined by interpolation and
extrapolation from these inventories.
Using the inventories described above, Illinois' submittal
documents the changes in VOC and NOX emissions from 2011 to
2019 for the Illinois portion area. Emissions data are shown in Tables
2 and 3.
Table 2--Emissions Reduction of NOX Emissions for the Illinois, Indiana, and Illinois Portions of the Chicago
Nonattainment Area 2011-2019
[tons/day]
----------------------------------------------------------------------------------------------------------------
2011 2019 Emissions
Sector Nonattainment Attainment reduction
year year 2011-2019
----------------------------------------------------------------------------------------------------------------
Illinois:
Point....................................................... 119.99 82.78 37.21
Area........................................................ 32.03 34.63 -2.60
On-Road..................................................... 285.34 134.37 150.97
Non-road.................................................... 176.60 121.65 54.95
-----------------------------------------------
Total................................................... 613.96 373.43 240.53
----------------------------------------------------------------------------------------------------------------
Indiana:
Point....................................................... 94.81 64.20 30.61
Area........................................................ 9.39 0.91 8.48
On-road..................................................... 24.70 14.91 9.79
Non-road.................................................... 15.84 13.43 2.41
-----------------------------------------------
Total................................................... 144.74 93.45 51.29
----------------------------------------------------------------------------------------------------------------
Wisconsin:
Point....................................................... 8.80 0.08 8.72
Area........................................................ 1.20 1.13 0.07
On-Road..................................................... 4.82 1.81 3.01
Non-road.................................................... 2.25 1.64 0.61
-----------------------------------------------
Total................................................... 17.07 4.66 12.41
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI 2008 ozone area:
Illinois.................................................... 613.96 373.43 240.53
Indiana..................................................... 144.74 93.45 51.29
Wisconsin................................................... 17.07 4.66 12.41
-----------------------------------------------
Total................................................... 775.77 471.54 304.23
----------------------------------------------------------------------------------------------------------------
Table 3--Emissions Reduction of VOC Emissions for the Illinois, Indiana, and Wisconsin Portions of the Chicago
Nonattainment Area 2011-2019
[tons/day]
----------------------------------------------------------------------------------------------------------------
Emissions
Sector 2011 2019 reduction 2011-
2019
----------------------------------------------------------------------------------------------------------------
Illinois:
Point....................................................... 48.25 46.32 1.93
Area........................................................ 215.14 232.00 -16.86
On-Road..................................................... 72.43 66.45 5.98
Non-road.................................................... 101.83 67.67 34.16
-----------------------------------------------
[[Page 13678]]
Total................................................... 437.65 412.44 25.21
----------------------------------------------------------------------------------------------------------------
Indiana:
Point....................................................... 17.76 11.30 6.46
Area........................................................ 18.26 17.00 1.26
On-road..................................................... 9.58 6.80 2.78
Non-road.................................................... 21.43 5.53 15.90
-----------------------------------------------
Total................................................... 67.03 40.63 26.40
----------------------------------------------------------------------------------------------------------------
Wisconsin:
Point....................................................... 0.64 0.19 0.45
Area........................................................ 4.10 3.58 0.52
On-Road..................................................... 1.90 0.89 1.01
Non-road.................................................... 1.14 0.70 0.44
-----------------------------------------------
Total................................................... 7.78 5.36 2.42
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI 2008 ozone area:
Illinois.................................................... 437.65 412.44 25.21
Indiana..................................................... 67.03 40.63 26.40
Wisconsin................................................... 7.78 5.36 2.42
-----------------------------------------------
Total................................................... 512.46 458.43 54.03
----------------------------------------------------------------------------------------------------------------
As shown in Table 2 and 3, NOX and VOC emissions in the
Illinois portion declined by 240.53 tons/day and 25.21 tons/day,
respectively, between 2011 and 2019. NOX and VOC emissions
throughout the entire Chicago area declined by 304.23 tons/day and
54.03 tons/day, respectively, between 2011 and 2019.
3. Meteorology
To further support Illinois' demonstration that the improvement in
air quality between the year violations occurred and the year
attainment was achieved is due to permanent and enforceable emission
reductions, and not unusually favorable meteorology, Illinois submitted
a classification and regression tree (CART) analysis completed by the
Lake Michigan Air Directors Consortium (LADCO). A CART analysis is a
statistical analysis that constructs ozone concentration trends for
high ozone days having similar meteorological characteristics. The
purpose of this analysis is to minimize the effect of meteorological
variability on the trend in ozone concentrations. The resulting trend
in ozone concentrations is due to reductions of anthropogenic
emissions.
The CART analysis used ozone concentrations from the Zion and
Chiwaukee monitors for the 2005-2020 period. These two monitors were
chosen because the Chiwaukee monitor is the design value monitor for
the Chicago area and the Zion monitor is very near the location of the
Chiwaukee monitor. Both monitors are north of the urban center, as well
as being near the Lake Michigan shoreline. The CART analysis shows that
days with high ozone as well as high temperatures and southerly winds
show a marked decrease in ozone concentrations over the 16-year period.
The analysis supports the conclusion that the decrease in ozone
concentrations leading to attainment of the ozone standard in the
Chicago area is caused by actual reductions in emissions, not by
favorable meteorological conditions.
As discussed above, Illinois identified numerous permanent and
enforceable control measures that resulted in the reduction of VOC and
NOX emissions from 2011 to 2019. In addition, LADCO's CART
analyses of meteorological variables associated with ozone formation
demonstrate that the improvement in air quality in the Chicago area
between the year violations occurred and the year attainment was
achieved is not due to unusually favorable meteorology. Therefore, EPA
finds that Illinois has shown that the air quality improvements in the
Illinois portion of the Chicago area are due to permanent and
enforceable emissions reductions.
D. Does Illinois have a fully approvable ozone maintenance plan for the
Chicago area?
As one of the criteria for redesignation to attainment section
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has
a fully approved maintenance plan pursuant to section 175A of the CAA.
Section 175A of the CAA sets forth the elements of a maintenance plan
for areas seeking redesignation from nonattainment to attainment. Under
section 175A, the maintenance plan must demonstrate continued
attainment of the NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue for an
additional 10 years beyond the initial 10-year maintenance period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, as EPA deems necessary, to
ensure prompt correction of the future NAAQS violation.
The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emission inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a
[[Page 13679]]
process for verification of continued attainment; and (5) a contingency
plan. In conjunction with its request to redesignate the Illinois
portion of the Chicago area to attainment for the 2008 ozone NAAQS,
Illinois submitted a SIP revision to provide for maintenance of the
2008 ozone NAAQS through 2035, more than 10 years after the expected
effective date of the redesignation to attainment. As discussed below,
EPA proposes to find that Illinois' ozone maintenance plan includes the
necessary components and to approve the maintenance plan as a revision
of the Illinois SIP.
1. Attainment Inventory
EPA is proposing to determine that the Illinois portion of the
Chicago area has attained the 2008 ozone NAAQS based on monitoring data
for the 2019-2021 period. Illinois selected 2019 as the attainment
emissions inventory year to establish attainment emission levels for
VOC and NOX. The attainment emissions inventory identifies
the levels of emissions in the Chicago area that are sufficient to
attain the 2008 ozone NAAQS. The derivation of the attainment year
emissions was discussed above in section IV.C.2 of this proposed rule.
The attainment level emissions, by source category, are summarized in
Tables 2 and 3 above.
2. Has the state documented maintenance of the ozone standard in the
Chicago area?
Illinois has demonstrated maintenance of the 2008 ozone NAAQS
through 2035 by ensuring that current and future emissions of VOC and
NOX for the Illinois portion of the Chicago area remain at
or below attainment year emission levels. A maintenance demonstration
need not be based on modeling.\5\ See Wall v. EPA, 265 F.3d 426 (6th
Cir. 2001), Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also
66 FR 53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432
(May 12, 2003).
---------------------------------------------------------------------------
\5\ While modeling is not required, Illinois cited photochemical
modeling performed by EPA and LADCO in support of the interstate
transport ``Good Neighbor'' provision of the CAA for the 2015 ozone
NAAQS. These modeling results project the highest 2023 average
design values to be 0.0662 and 0.0668, well below the 2008 ozone
NAAQS. Compared to actual monitored 2009-2013 average design values,
both sets of 2023 modeling results show large decreases in ozone
concentrations, especially on in the heart of the urban area and at
the critical monitors at the north of the nonattainment area along
the shore of Lake Michigan. These results provide evidence that
ozone concentrations will continue to decrease across the entire
nonattainment area.
---------------------------------------------------------------------------
Illinois is using emissions inventories for the years 2030 and 2035
to demonstrate maintenance. 2035 is more than 10 years after the
expected effective date of the redesignation to attainment and 2030 was
selected to demonstrate that emissions are not expected to spike in the
interim between the attainment year and the final maintenance year. The
emissions inventories were developed as described below.
Illinois calculated emissions for point and area source categories,
along with non-road categories not calculated by the MOVES model, using
the NODA. This data set projects 2011 emissions to 2019 and 2035.
Emissions presented in the NODA are expressed in tons/year. Growth
factors for the applicable year (2030 or 2035) were calculated by
taking the ratio of the future year to the base year. Illinois had
already calculated daily emissions for the 2019 attainment inventory,
so to calculate emissions for the future years, Illinois multiplied the
2019 emissions by the applicable growth factor. Illinois' 2019
inventory included some point sources that began operation after the
2011 NODA base year. These emissions were developed using growth
factors already calculated using the NODA for the same SCC. Illinois
EPA notes that the projections in the NODA calculated by the IPM model
do not agree in certain cases with what Illinois believes will actually
happen with fuel switching and/or shutdowns. In those cases, Illinois
modified the NODA projections in the point source portion of the
inventory. In the 2030 and 2035 point source inventories, Illinois also
included two large combustion sources that have obtained construction
permits but have not yet been constructed. Daily emissions for these
sources were calculated by dividing the allowable emissions by 365.
On-road and non-road emissions for 2030 and 2035 were calculated
using the MOVES3 model. The inputs assume the continued phase-in of the
phase-in of the Tier 3 standards beginning in 2017, continued operation
of Illinois' vehicle I/M program, and reformulated gasoline program).
Total VMT for 2030 and 2035 were assumed to increase at a rate of 1.5
percent per year from 2019. As part of common practice when projecting
non-road emissions, emissions from a proposed third airport for the
Chicago area have been included in this inventory.
Projected emissions data are shown in Tables 4 and 5 below.
Table 4--Projected Emissions of NOX Emissions for the Illinois, Indiana, and Wisconsin Portions of the Chicago
Nonattainment Area 2030 and 2035
[tons/day]
----------------------------------------------------------------------------------------------------------------
2019 2035 Emissions
Sector Attainment 2030 Interim Maintenance reduction 2019-
year year year 2035
----------------------------------------------------------------------------------------------------------------
llinois:
Point....................................... 82.78 97.92 101.13 -18.35
Area........................................ 34.63 34.98 35.15 -0.52
On-Road..................................... 134.37 55.93 48.80 85.57
Non-road.................................... 121.65 106.10 108.27 13.38
---------------------------------------------------------------
Total................................... 373.43 294.93 293.35 80.08
----------------------------------------------------------------------------------------------------------------
Indiana:
Point....................................... 64.20 62.23 61.93 2.27
Area........................................ 0.91 0.88 0.87 0.04
On-road..................................... 14.91 6.62 5.51 9.40
Non-road.................................... 13.43 10.25 8.49 4.94
---------------------------------------------------------------
[[Page 13680]]
Total................................... 93.45 79.98 76.80 16.65
----------------------------------------------------------------------------------------------------------------
Wisconsin:
Point....................................... 0.08 0.12 0.12 -0.04
Area........................................ 1.13 0.95 0.96 0.17
On-Road..................................... 1.81 0.85 0.70 1.11
Non-road.................................... 1.64 1.21 1.21 0.43
EGU Emission credit......................... .............. 7.22 7.22 7.22
---------------------------------------------------------------
Total................................... 4.66 3.13 2.99 1.67
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI 2008 ozone area:
Illinois.................................... 373.43 294.93 293.35 80.08
Indiana..................................... 93.45 79.98 76.80 16.65
Wisconsin................................... 4.66 3.13 2.99 1.67
---------------------------------------------------------------
Total................................... 471.54 378.04 373.14 98.40
----------------------------------------------------------------------------------------------------------------
Table 5--Projected Emissions of VOC Emissions for the Illinois, Indiana, and Wisconsin Portions of the Chicago
Nonattainment Area 2030 and 2035
[tons/day]
----------------------------------------------------------------------------------------------------------------
2019 2035 Emissions
Sector Attainment 2030 Interim Maintenance reduction
year year year 2019-2035
----------------------------------------------------------------------------------------------------------------
Illinois:
Point....................................... 46.32 44.61 46.56 -0.24
Area........................................ 232.00 225.11 221.67 10.33
On-Road..................................... 66.45 37.43 34.26 32.19
Non-road.................................... 67.67 66.39 67.35 0.32
---------------------------------------------------------------
Total................................... 412.44 373.54 369.84 42.60
----------------------------------------------------------------------------------------------------------------
Indiana:
Point....................................... 11.30 11.40 11.57 -0.27
Area........................................ 17.00 17.58 17.85 -0.85
On-road..................................... 6.80 3.77 2.93 3.87
Non-road.................................... 5.53 4.80 4.35 1.18
---------------------------------------------------------------
Total................................... 40.63 37.55 36.70 3.93
----------------------------------------------------------------------------------------------------------------
Wisconsin:
Point....................................... 0.19 0.26 0.26 -0.07
Area........................................ 3.58 3.49 3.56 0.02
On-Road..................................... 0.89 0.54 0.47 0.42
Non-road.................................... 0.70 0.63 0.62 0.08
EGU Emission credit......................... .............. 0.37 0.37 0.37
---------------------------------------------------------------
Total................................... 5.36 4.92 4.91 0.45
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI 2008 ozone area:
Illinois.................................... 412.44 373.54 369.84 42.60
Indiana..................................... 40.63 37.55 36.70 3.93
Wisconsin................................... 5.36 4.92 4.91 0.45
---------------------------------------------------------------
Total................................... 458.43 416.01 411.45 46.98
----------------------------------------------------------------------------------------------------------------
In summary, Illinois' maintenance demonstration for the Chicago
area shows maintenance of the 2008 ozone NAAQS by providing emissions
information to support the demonstration that future emissions of
NOX and VOC will remain at or below 2019 emission levels
when considering both future source growth and implementation of future
controls. The NOX and VOC emissions in the Illinois portion
of the Chicago area are projected to decrease by 80.08 tons/day and
42.60 tons/day, respectively, between 2019 and 2035. NOX and
VOC emissions in the entire Chicago area are projected to decrease by
98.40 tons/day and 46.98
[[Page 13681]]
tons/day respectively between 2019 and 2035.
3. Continued Air Quality Monitoring
Illinois has committed to continue monitoring ozone levels
according to an EPA approved monitoring plan, as required to ensure
maintenance of the ozone NAAQS. Should changes in the location of an
ozone monitor become necessary, Illinois has committed to work with EPA
to ensure the adequacy of the monitoring network. Illinois remains
obligated to meet monitoring requirements and continue to quality
assure monitoring data in accordance with 40 CFR part 58, and to enter
all data into EPA's Air Quality System (AQS) in accordance with Federal
guidelines.
4. Verification of Continued Attainment
The State of Illinois has confirmed that it has the legal authority
to implement and enforce the measures relied upon to attain and
maintain the NAAQS pursuant to the Illinois Environmental Protection
Act. This includes the authority to adopt, implement, and enforce any
subsequent emission control measures determined to be necessary to
correct future ozone attainment problems in the Illinois portion of the
Chicago area.
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of the area's emissions inventory. Illinois will continue to
operate an EPA approved ozone monitoring network. In addition, to track
future levels of emissions, Illinois will continue to develop and
submit to EPA updated emission inventories for all source categories at
least once every 3 years, consistent with the requirements of 40 CFR
part 51, subpart A, and in 40 CFR 51.122. The Consolidated Emissions
Reporting Rule (CERR) was promulgated by EPA on June 10, 2002 (67 FR
39602). The CERR was replaced by the Annual Emissions Reporting
Requirements (AERR) on December 17, 2008 (73 FR 76539). The most recent
triennial inventory for Illinois was compiled for 2014.
5. What is the contingency plan for the Illinois portion of the Chicago
area?
Section 175A of the CAA requires that the state must adopt a
maintenance plan, as a SIP revision, that includes such contingency
measures as EPA deems necessary to ensure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation of the
area to attainment of the NAAQS. The maintenance plan must identify:
The contingency measures to be considered and, if needed for
maintenance, adopted and implemented; a schedule and procedure for
adoption and implementation; and a time limit for action by the state.
The state should also identify specific indicators to be used to
determine when the contingency measures need to be considered, adopted,
and implemented. The maintenance plan must include a commitment that
the state will implement all measures with respect to the control of
the pollutant that were contained in the SIP before redesignation of
the area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, Illinois has adopted a
contingency plan for the Illinois portion to address possible future
ozone air quality problems. The contingency plan adopted by Illinois
has two levels of response, a Level I response and a Level II response.
In Illinois' plan, a Level I response will be triggered in the
event that: (1) The fourth highest ozone concentration at any
monitoring site in the Chicago area exceeds 0.075 ppm in any year or
(2) the maintenance area's NOX or VOC emissions inventories
increase more than 5 percent above the levels included in the 2019
attainment year inventories. Illinois committed to compiling VOC and
NOX emissions inventories every three years for the duration
of the Maintenance Plan to facilitate the emissions trends analysis. If
a Level I response is triggered, Illinois will coordinate with LADCO
and other Lake Michigan states to evaluate the causes of high ozone
levels or the emissions trends and to determine if control measures are
needed to ensure continued attainment of ozone NAAQS. Under Level I,
measures that could be implemented in a short time would be selected,
if any are deemed necessary, to be in place quickly after the Illinois
EPA becomes aware that corrective measures have been triggered. Control
measures selected under Level I will be adopted in most cases within 18
months after a determination is made, and implemented, generally,
within 24 months of adoption.
A Level II response would be triggered if a violation of the ozone
NAAQS occurs at a monitoring site within the Chicago maintenance area.
In order to select appropriate corrective measures, Illinois will work
with LADCO and other Lake Michigan states to conduct a comprehensive
study to determine the causes of the violation and the control measures
necessary to mitigate the problem. The analysis will examine the
following factors: The number, location, and severity of the ambient
ozone concentrations; the weather patterns contributing to ozone
levels; potential contributing emissions sources; the geographic
applicability of possible contingency measures; emissions trends,
including timeliness of implementation of scheduled control measures;
current and recently identified control technologies; and air quality
contributions from outside the maintenance area. Implementation of
necessary controls in response to a Level II trigger will take place as
expeditiously as possible, but no later than 18 months after Illinois
determines, based on quality-assured ambient data, that a violation of
the NAAQS has occurred. Illinois will select contingency measures from
the following list, or Illinois will implement other measures deemed
appropriate and effective at the time the selection is made. However,
Illinois is not limited to the measures on this list:
Point Source Measures--Broader geographic applicability of existing
measures, if determined to be an issue;
Oil and Gas Sector Emission Guidelines, once finalized by
EPA;
Revisions to Illinois NOX state rules for
boilers and engines.
Implementation of OTC model rules for above ground storage
tanks;
Mobile Source Measures
Regulations on the Sale of Aftermarket Catalytic
Converters
Area Source Measures
Current California Commercial and Consumer Products--
Aerosol Adhesive Coatings, Dual Purpose Air Freshener/Disinfectant,
etc.
Regulations on Small Off-Road Engines (``SORE'').
To qualify as a contingency measure, emissions reductions from that
measure must not be factored into the emissions projections used in the
maintenance plan.
EPA has concluded that Illinois' maintenance plan adequately
addresses the five basic components of a maintenance plan: Attainment
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, and a contingency plan. In addition, as
required by section 175A(b) of the CAA, Illinois has committed to
submit to EPA an updated ozone maintenance plan eight years after
redesignation of the Illinois portion of the Chicago area to cover an
additional ten years beyond the initial 10-year maintenance period.
Thus, EPA finds that the maintenance plan SIP revision submitted by
Illinois for the Chicago area meets the
[[Page 13682]]
requirements of section 175A of the CAA and EPA proposes to approve it
as a revision to the Illinois SIP.
V. Has the state adopted approvable motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new transportation plans,
programs, or projects that receive Federal funding or support, such as
the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause or contribute to any new air
quality violations, increase the frequency or severity of any existing
air quality problems, or delay timely attainment or any required
interim emissions reductions or any other milestones. Regulations at 40
CFR part 93 set forth EPA policy, criteria, and procedures for
demonstrating and assuring conformity of transportation activities to a
SIP. Transportation conformity is a requirement for nonattainment and
maintenance areas. Maintenance areas are areas that were previously
nonattainment for a particular NAAQS, but that have been redesignated
to attainment with an approved CAA section 175A maintenance plan for
the NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas. See the SIP requirements for the 2008 ozone NAAQS in
EPA's December 6, 2018 implementation rule (83 FR 62998). These control
strategy SIPs (including reasonable further progress plans and
attainment plans) and maintenance plans must include the Budgets for
criteria pollutants, including ozone, and their precursor pollutants
(VOC and NOX for ozone) to address pollution from on-road
transportation sources. The Budgets are the portion of the total
allowable emissions that are allocated to highway and transit vehicle
use that, together with emissions from other sources in the area, will
provide for attainment or maintenance. See 40 CFR 93.101.
Under 40 CFR part 93, a Budget for an area seeking a redesignation
to attainment must be established, at minimum, for the last year of the
maintenance plan. A state may adopt Budgets for other years as well.
The Budgets serve as a ceiling on emissions from an area's planned
transportation system. The Budget concept is further explained in the
preamble to the November 24, 1993, Transportation Conformity Rule (58
FR 62188). The preamble also describes how to establish the Budget(s)
in the SIP and how to revise the Budget, if needed, after initially
establishing a Budget in the SIP.
As discussed earlier, Illinois' maintenance plan includes
NOX and VOC Budgets for the Illinois portion for 2035, the
last year of the maintenance period. The Budgets were developed as part
of an interagency consultation process which includes Federal, state,
and local agencies. The Budgets were clearly identified and precisely
quantified. These Budgets, when considered together with all other
emissions sources, are consistent with maintenance of the 2008 ozone
NAAQS. These Budgets represent the projected 2035 on-road emissions
plus a safety margin, which is described below.
Table 6--2035 Budgets for the Illinois Portion for the 2008 Ozone NAAQS
Maintenance Plan
[tons/day]
------------------------------------------------------------------------
Pollutant 2035 Budget
------------------------------------------------------------------------
NOX....................................................... 110.00
VOC....................................................... 65.00
------------------------------------------------------------------------
EPA is proposing to approve the Budgets for use to determine
transportation conformity in the Illinois portion of the Chicago-
Naperville, IL-IN-WI area, because EPA has determined that the area can
maintain attainment of the 2008 ozone NAAQS for the relevant
maintenance period with mobile source emissions at the levels of the
budgets. Also, EPA is reviewing the budgets to determine if the
submitted budgets meet the adequacy criteria in the transportation
conformity regulations (40 CFR 93.118(e)(4)). Additionally, as required
by the transportation conformity rule (40 CFR 93.118(f)(2)), EPA is
using this proposal to notify the public that EPA is beginning a 30-day
comment period on the adequacy of the submitted motor vehicle emissions
budgets. Comments on the adequacy of the budgets should be submitted to
the docket for this proposal. EPA will make a final determination on
the adequacy of the submitted budgets either in a final action on this
proposal or notifying the State in writing, notifying the public by
publishing a Federal Register notice and announcing the determination
on EPA's adequacy web page.\6\
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\6\ See www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity.
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B. What is a safety margin?
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. As noted in Tables 4 and 5,
the emissions in the Illinois portion of the Chicago area are projected
to have safety margins of 80.08 tons/day for NOX and 42.60
tons/day for VOC in 2035 (the difference between the attainment year,
2019, emissions and the projected 2035 emissions for all sources in the
Illinois portion). Even if emissions exceeded projected levels by the
full amount of the safety margin, the counties would still demonstrate
maintenance since emission levels would equal those in the attainment
year.
The transportation conformity regulations allow states to allocate
all or a portion of a documented safety margin to the motor vehicle
emissions budgets for an area (40 CFR 93.124(a)). Illinois is
allocating a portion of the safety margin, 61.20 tons/day of
NOX and 30.74 tons/day of VOC, to the mobile sector for the
2035 Budgets. Since only a part of the safety margin is being used,
maintenance requirements are still easily met. Illinois can request an
allocation to the Budgets of the available safety margins reflected in
the demonstration of maintenance in a future SIP revision.
VI. VOC RACT
Sections 172(c)(1) and 182(b)(2) of the CAA require states to
implement RACT in ozone nonattainment areas classified as moderate (and
higher). Specifically, these areas are required to implement RACT for
all major VOC and NOX emissions sources and for all sources
covered by a CTG. A CTG is a document issued by EPA which establishes a
``presumptive norm'' for RACT for a specific VOC source category.
States must submit rules, or negative declarations when no such sources
exist for CTG source categories.
EPA's SIP Requirements Rule for the 2008 ozone NAAQS indicates that
states may meet RACT through the establishment of new or more stringent
requirements that meet RACT control levels, through a certification
that previously adopted RACT controls in their SIPs approved by EPA for
a prior ozone NAAQS also represent adequate RACT control levels for
attainment of the 2008 ozone NAAQS, or with a combination of these two
approaches. In addition, a state may submit a negative declaration in
instances where there are no CTG sources.
[[Page 13683]]
Illinois' VOC RACT demonstration under the 2008 moderate
classification was fully approved into the SIP by EPA on August 13,
2021 (86 FR 44616). Illinois certifies that the Illinois portion of the
Chicago area's moderate area VOC RACT program also satisfies serious
area VOC RACT requirements.
Illinois has previously adopted RACT rules for VOC emission sources
in the Chicago area under 35 Ill. Adm. Code Part 218. Illinois
certifies that these regulations still satisfy the serious area VOC
RACT requirements for the Illinois portion of the Chicago area under
the 2008 8-hour ozone NAAQS. Major non-CTG VOC sources, which are
subject to RACT, are major VOC sources which are not subject to the
applicability criteria in a CTG. Many major sources of ozone precursors
located in the ozone nonattainment area that are not subject to
specific RACT rules are subject to generic RACT rules. The serious
major source threshold of 50 tons per year is addressed for non-CTG VOC
major sources under 35 Ill. Adm. Code Part 218 Subparts PP, QQ, RR, and
TT.
Illinois has previously submitted several Negative Declarations for
CTG categories for which there were no applicable sources found in
Illinois that meet the applicability criteria for those CTGs and which
did not have appropriate controls due to other state requirements. In
those cases, it was unnecessary to adopt new state rules and submit SIP
revisions to address those CTG categories. Illinois certifies that the
negative declarations for the CTGs for the Ship Building and Ship
Repair Industry, Natural Gas/Gasoline Processing Plants, Aerospace
Manufacturing and Rework Facilities, High-Density Polyethylene,
Polypropylene Manufacturing, Vegetable Oil Processing, and Oil and
Natural Gas Industry, approved by EPA on August 13, 2021, are still
valid (86 FR 44616).
Illinois evaluated whether its VOC sources under the Industrial
Wastewater category meet the serious level RACT requirements through
RACT equivalence or RACT applicability of potential VOC emissions being
below the 50 tons/year major source threshold. Illinois' analysis of
its industrial wastewater VOC sources is detailed below.
Industrial Wastewater
EPA issued a draft CTG for the industrial wastewater category in
September 1992. However, because this CTG was never finalized,
industrial wastewater sources are considered to be non-CTG sources.
Industrial wastewater is a category that is not covered by the Illinois
non-CTG RACT rule.
On December 23, 1999, Illinois submitted to EPA a Negative
Declaration Letter for the Chicago area covering the Industrial
Wastewater sources. At that time, Illinois determined that all sources
in the Chicago area to which the draft CTG would be applicable were
covered by other regulations that were as stringent or more stringent
than the draft CTG. Those sources were two refineries and one chemical
plant that were subject to Federal regulations covering waste
operations that were equally or more stringent than the CTG.
Illinois reviewed its most recent inventory to determine if any
sources fall under the industrial wastewater category, including
organic chemicals, plastics, and synthetic fibers; pharmaceuticals;
pesticides manufacturing; petroleum refining; pulp, paper, and
paperboard mills; and hazardous waste treatment, storage, and disposal
facilities. Illinois found 54 sources that required further review.
Illinois examined each unit at these sources and the operating permits
of those sources to determine whether any source was a significant
source of wastewater or if the draft CTG was potentially applicable to
a source or unit. Of those 54 sources, it was determined that the draft
CTG would be applicable to only six sources. It was found that all
subject sources were covered under the NESHAP at 40 CFR 63 subpart G,
the NESHAP at 40 CFR 63 subpart FFFF, or by 35 Ill. Adm. Code Section
218 Subpart C.
Illinois requested additional information for twelve industrial
wastewater sources that were identified as potentially being subject to
non-CTG RACT based on historical emissions. On January 25, 2022,
Illinois submitted supplementary information demonstrating that these
twelve sources were below the 50 tons/year non-CTG major source
threshold for serious areas or demonstrated RACT equivalence. The
twelve sources that Illinois evaluated include the following refineries
and chemical plants: Ester Solutions, Hexion Inc., INEOS Styrolution
America LLC, INEOS Joliet, Polynt Composites USA, AKZO Nobel, AbbVie,
LyondellBasell, Exxon Mobil Oil Corp., Citgo Petroleum, Koppers Inc.,
and Stepan Co.
Ester in Cook County, Hexion in Bedford Park, INEOS Styrolution
America LLC in Channahon, and Polynt in Carpentersville were not
subject to RACT because their potential to emit (PTE) VOC from
wastewater was less than 50 tons/year. Ester has a permitted VOC level
of 7.71 tons/year. Hexion has a permitted VOC level of 10.82 tons/year.
INEOS Joliet has a permitted VOC level of 9.27 tons/year. The reported
VOC emissions from wastewater at INEOS Styrolution is less than 1 ton/
year and the VOC PTE from wastewater is well below 50 tons/year.
Wastewater is not a significant source of VOC emissions at Polynt as
there is no mention of wastewater or wastewater treatment in Polynt's
operating permit.
Although Akzo in Morris had a VOC PTE of over 50 tons/year, it was
subject to various control measures. Akzo sent its VOC emissions to an
afterburner to achieve at least 85 percent control. After considering
these controls, the total VOC PTE from wastewater at Akzo was
determined to be less than 1 ton/year.
AbbVie in North Chicago demonstrated RACT equivalence. Most of its
wastewater was taken off site for treatment. The remaining VOC
containing wastewater streams were well controlled at the on-site
wastewater treatment plant. The requirements to conduct pretreatment
were federally enforceable through its Discharge Control Document,
which was issued by the publicly owned treatment works and Illinois.
The estimates that AbbVie gave for controlled and uncontrolled
emissions resulted in about 98 percent control of VOC from their
wastewater operations. Illinois concluded that AbbVie was well
controlled and that this level of control represented RACT.
LyondellBasell is subject to the Miscellaneous Organic Chemical
Manufacturing NESHAP and Benzene Waste Operations (BWON) NESHAP (40 CFR
part 61, subpart FF). After considering these applicable NESHAPs, EPA
calculated the total VOC PTE to be 20.38 tons/year, which was below the
50 tons/year non-CTG threshold.
Both Exxon Mobil Oil Corporation's Joliet Refinery and Citgo
Petroleum's Lemont Refinery demonstrated that they had achieved RACT
equivalence for their VOC wastewater emissions. Both refineries are
subject to the requirements of 40 CFR part 63, subpart CC ``National
Emission Standards for Hazardous Air Pollutants from Petroleum
Refineries'' (MACT CC) and 40 CFR part 61, subpart FF ``National
Emission Standard for Benzene Waste Operations'' (BWON). Under these
programs, Exxon Mobil has a control efficiency of 98 percent for
wastewater VOC emissions and Citgo has a control efficiency of 99.4
percent for wastewater VOC emissions. The control efficiencies are
calculated using the pre-control and post-control VOC emissions from
the wastewater at each refinery. Exxon Mobil's pre-control VOC
emissions are calculated site-wide for all streams at point of
generation and includes
[[Page 13684]]
maintenance and spills. Exxon Mobil's post-control VOC emissions are
also calculated site-wide and accounts for the uncontrolled wastewater
streams, effluent from the waste treatment unit, and the uncontrolled
maintenance and spills. Citgo's pre-control VOC emissions are
calculated site-wide for all streams at point of generation and
includes maintenance and spills in the wastewater system. Citgo's post-
control VOC emissions are also calculated site-wide and accounts for
the uncontrolled VOC emissions from the wastewater system.
Koppers submitted its supporting data for VOC emissions from the
wastewater system at the plant. Environmental Resources Management,
Inc. performed the modeling of the wastewater treatment plant using a
Toxchem model to predict the annual potential VOC emissions. The total
VOC PTE at Koppers was 2.25 tons/year, which was far below the 50 tons/
year non-CTG threshold.
Illinois issued a construction permit for Stepan Co. (I.D. No.:
197800AAE, issued June 8, 2021) that limits the throughput from
upstream processes into the wastewater stream. This results in a
potential to emit of 17.70 tons/year, which is below the 50 tons/year
non-CTG threshold. This limit is due to new controls, which include an
additional air stripper system for the wastewater treatment plant, that
were installed in 2020. Illinois has submitted this construction permit
as a revision to the Illinois SIP. EPA is proposing to approve this
construction permit as a revision to the Illinois SIP, making the
throughput limits federally enforceable.
Based on the information that Illinois provided, we agree that that
these sources are below 50 tons/year non-CTG threshold for moderate
areas or have demonstrated RACT equivalence. Therefore, EPA is
proposing to find that these VOC RACT submittals for the Illinois
portion of the Chicago area meet the serious VOC RACT requirements for
the 2008 ozone NAAQS under the CAA.
VII. Enhanced I/M Program
CAA section 182(c)(3) requires states with ozone nonattainment
areas classified as serious or higher to implement an enhanced vehicle
I/M program. The general purpose of motor vehicle I/M programs is to
reduce emissions from in-use motor vehicles in need of repairs and
thereby contribute to state and local efforts to improve air quality
and to attain the NAAQS. The Illinois I/M program has been in operation
since 1984. It was originally implemented in accordance with the 1977
CAA Amendments and operated in the eight counties of Cook, Lake,
DuPage, McHenry, Kane, Will, Grundy (2 townships), and Kendall (1
township). Vehicles were originally tested by measuring tailpipe
emissions using a steady-state idle test. Tampering inspections were
added in 1989.
The 1990 CAA Amendments set additional requirements for I/M
programs. For moderate areas, a ``basic'' program was required under
section 182(b)(4). For serious or worse areas, an ``enhanced'' program
was required under section 182(c)(3). EPA's requirements for basic and
enhanced I/M programs are found in 40 CFR part 51, subpart S.
Illinois' I/M program transitioned to an enhanced program in
December 1995. The major enhancement involved adding new test
procedures to more effectively identify high-emitting vehicles. These
new test procedures included a transient emissions test in which
tailpipe emissions were measured while the vehicle was driven on a
dynamometer (a treadmill-type device). Improving repairs and public
convenience were also major focuses of the enhancement effort.
Since July of 2001, all model year (MY) 1996 and later cars and
light trucks have been inspected by scanning the vehicle's computerized
second-generation on-board diagnostic (OBD) system instead of measuring
tailpipe emissions. As of July 2008, the program dropped tailpipe
testing entirely and has inspected all vehicles by scanning the OBD
system. This change was the result of statutory changes in the State's
2007-2009 biennial budget which exempted model years of vehicles not
federally required to be equipped with this OBD technology (MY 1995 and
earlier cars and light trucks and MY 2006 and earlier heavy trucks).
EPA fully approved the Illinois enhanced I/M program on February
22, 1999 (64 FR 8517) and on August 13, 2014 (79 FR 47377). Illinois'
I/M program was revised and approved on August 13, 2014 (79 FR 47377).
The revisions to Illinois' I/M program included a demonstration under
section 110(l) of the CAA addressing lost emission reductions
associated with the program changes.
The legal authority and administrative requirements for the
Illinois I/M program are found in 625 ILCS 5/13C (Illinois Vehicle
Emission Inspection Law of 2005); 35 Ill. Adm. Code 240 (Emissions
Standard and Limitations for Mobile Source); and 35 Ill. Adm. Code 276
(Procedures to be followed in the performance of inspections of Motor
Vehicle Emissions).
To support their certification of the enhanced I/M program,
Illinois submitted a modeling demonstration with EPA's enhanced
performance standard for areas designated and classified under the 8-
hour ozone standard, as specified in 40 CFR 51.351(i). Illinois used
the most recent version of EPA's mobile source emissions model,
MOVES3.0.2 (released in September 2021), for the analysis. This
modeling was conducted in accordance with EPA's technical guidance:
Performance Standard Modeling for New and Existing Vehicle Inspection
and Maintenance (I/M) Programs Using the MOVES Mobile Source Emissions
Model, EPA-420-B-14-006, January 2014, and MOVES3 Technical Guidance:
Using MOVES to Prepare Emission Inventories for State Implementation
Plans and Transportation Conformity, EPA-420-B-20-052, November 2020.
The performance standard modeling analysis involves a comparison of
emission reductions from EPA's model program specified in 40 CFR
51.351(i) and Illinois' actual program in the eight counties of Cook,
Lake, DuPage, McHenry, Kane, Will, Grundy (2 townships), and Kendall (1
township).
To demonstrate that an enhanced I/M program meets the performance
standard, the actual I/M program must obtain the same or lower
emissions levels as the EPA model program within 0.02 gram
per mile. Illinois' I/M performance analysis shows that Illinois' I/M
program achieves emission reductions at least as great as this
criterion. Illinois' demonstration supports its certification that the
current I/M program meets the applicable enhanced I/M performance
standard requirements in 40 CFR part 51, subpart S in all areas in
which the program is implemented for the 2008 ozone NAAQS.
VIII. Clean Fuels Vehicles Program
CAA section 182(c)(4) requires states with ozone nonattainment
areas classified as serious or higher to submit a SIP revision
describing implementation of a CFVP, as described in CAA Title II Part
C (40 CFR 88). EPA approved Illinois' CFVP on March 19, 1996 (61 FR
11139). CAA section 182(c)(4) included numerical standards for the CFVP
that were intended to encourage innovation and reduce emissions for
fleets of motor vehicles in certain nonattainment areas as compared to
conventionally fueled vehicles available at the time. As originally
adopted, those Clean Fuel Fleet standards were substantially more
stringent than the standards that applied
[[Page 13685]]
to vehicles and engines generally. Now that EPA has begun implementing
Tier 3 emission standards in 40 CFR part 86, subpart S, the Clean Fuel
Fleet standards are either less stringent than or equivalent to the
standards that apply to vehicles and engines generally. On July 29,
2021 (86 FR 34308), EPA published a final rule in which EPA determined
that vehicles and engines certified to current emission standards under
40 CFR part 86 or 1036 are deemed to also meet the Clean Fuel Fleet
standards as Ultra Low-Emission Vehicles. Since vehicle emission
standards have only become more stringent since Illinois' program was
approved, the CAA section 182(c)(4) CFVP requirement remains satisfied
without the need for further action by the state.
IX. Enhanced Monitoring Plan
Section 182(c)(1) of the CAA requires States with nonattainment
areas classified serious or higher adopt and implement a program to
improve air monitoring for ambient concentrations of ozone,
NOX, and VOC. EPA initiated the PAMS program in February
1993. The PAMS program required the establishment of an enhanced
monitoring network in all ozone nonattainment areas classified as
serious, severe, or extreme. On February 25, 1995 (59 FR 9091), EPA
approved Illinois' SIP revision establishing an enhanced monitoring
program.
Since that time, EPA concluded that requiring enhanced monitoring
for ozone nonattainment areas classified as moderate or above is
appropriate for the purposes of monitoring ambient air quality and
better understanding ozone pollution. In EPA's revision to the ozone
standard on October 1, 2015, EPA relied on the authority provided in
sections 103(c), 110(a)(2)(B), 114(a) and 301(a)(1) of the CAA to
expand the PAMS applicability to areas other than those that are
serious or above ozone nonattainment and substantially revise the PAMS
requirements in 40 CFR part 58 appendix D (80 FR 65292). Specifically,
this rule required states with moderate and above ozone nonattainment
areas to develop and implement an EMP. These plans should detail
enhanced ozone and ozone precursor monitoring activities to be
performed to better understand area-specific ozone issues.
To meet this requirement, Illinois submitted its updated EMP as
part of the Illinois Ambient Air Monitoring 2019 Network Plan, which
has been approved by EPA. Illinois will continue to meet its CAA
section 182(c)(1) EMP requirements by maintaining an air monitoring
network in the Illinois portion of the Chicago area. Illinois will work
with EPA through the air monitoring network review process, as required
by 40 CFR part 58, to determine the adequacy of the ozone monitoring
network, additional monitoring needs, and recommended monitor
decommissions. Air monitoring data from these monitors will continue to
be quality assured, reported, and certified according to 40 CFR part
58.
Illinois will continue to meet its CAA section 182(c)(1) EMP
requirements by including its EMP in Illinois' Air Monitoring Network
Plan, which is subject to EPA review and approval on an annual basis.
Therefore, EPA is proposing to find that Illinois has met the EMP
requirements for its portion of the Chicago area for the 2008 ozone
NAAQS.
X. NOX RACT Waiver
In some cases, an ozone nonattainment area might attain the ozone
standard, as demonstrated by three consecutive years of adequate
monitoring data, without having implemented the section 182(f)
NOX provisions over that 3-year period. Where the
NOX requirements were not implemented over that 3-year
period, the section 182(f) language is met since ``additional''
reductions of NOX would not contribute to attainment. That
is, since attainment has already occurred, additional NOX
reductions could not improve the area's attainment status and,
therefore, the NOX exemption request could be approved.
EPA's approval of the exemption, if warranted, would be granted on
a contingent basis (i.e., the exemption would last for only if the
area's monitoring data continue to demonstrate attainment). The State
must continue to operate an appropriate air quality monitoring network,
in accordance with 40 CFR part 58, to verify the attainment status of
the area. The air quality data relied on for the above determinations
must be consistent with 40 CFR part 58 requirements and other relevant
EPA guidance. If it is subsequently determined by EPA that the area has
violated the standard, EPA would conduct notice and comment rulemaking
to remove the NOX exemption.
Specifically, Illinois requested to exempt major stationary sources
of NOX (as defined in section 302 and subsections 182(c) and
(d) of the CAA from the RACT requirements of section 182(b)(2)), based
on the fact that the entire nonattainment area, as the result of
permanent and enforceable emission control measures, has recorded three
years of complete, quality assured ambient air quality monitoring data
for the years 2019-2021 demonstrating attainment of the 2008 ozone
standard, as shown in Table 1. As such, the area is eligible for a
waiver of NOX RACT requirements, as specified in section
182(f)(1)(A) of the CAA. Upon final approval of the NOX
waiver, Illinois will not be required to adopt and implement
NOX emission control regulations pursuant section 182(f) for
the Illinois portion of the Chicago area to qualify for redesignation.
If the Chicago area violates before redesignation, then EPA would not
be able to finalize approval of a NOX waiver.
XI. Proposed Actions
EPA is proposing to determine that the Illinois portion of the
Chicago area is attaining the 2008 ozone NAAQS, based on quality-
assured and certified monitoring data for the 2019-2021 period. EPA is
proposing to approve the VOC RACT, enhanced I/M, CFVP, and EMP SIP
revisions included in Illinois' January 25, 2022 submittal because they
satisfy the serious requirements of the CAA for the Illinois portion of
the Chicago area. EPA is proposing to approve a CAA section 182(f)
waiver from NOX RACT requirements for the Illinois portion
of the Chicago area under the 2008 ozone NAAQS because it satisfies the
requirements of the CAA. EPA is proposing to determine that, if and
when EPA approves Illinois' VOC RACT, enhanced I/M, CFVP, EMP, and
NOX RACT Exemption SIP submittals, the Illinois portion of
the Chicago area will have met the requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is thus proposing to change the
legal designation for the Illinois portion of the Chicago-Naperville,
IL-IN-WI area from nonattainment to attainment for the 2008 ozone
NAAQS. EPA is also proposing to approve, as a revision to the Illinois
SIP, the state's maintenance plan for the area. The maintenance plan is
designed to keep the Illinois portion of the Chicago area in attainment
of the 2008 ozone NAAQS through 2035. Finally, EPA is proposing to find
adequate and approve the newly-established 2035 Budgets for the
Illinois portion of the Chicago area.
XII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
[[Page 13686]]
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, Administrative
practice and procedure, Designations and classifications,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: March 3, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-05020 Filed 3-9-22; 8:45 am]
BILLING CODE 6560-50-P
