Proposed Rule2022-05020
Air Plan Approval; Illinois; Redesignation of the Illinois Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to Attainment of the 2008 Ozone Standard
Primary source
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Published
March 10, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 compound (VOC) and oxides of nitrogen (NO<INF>X</INF>) 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 NO<INF>X</INF> RACT requirements for the Illinois portion of the Chicago area under the 2008 ozone NAAQS.
Full Text
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<title>Federal Register, Volume 87 Issue 47 (Thursday, March 10, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 (NO<INF>X</INF>) 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 NO<INF>X</INF> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#41232d202a2d24386f31202c242d20012431206f262e37"><span class="__cf_email__" data-cfemail="36545a575d5a534f1846575b535a577653465718515940">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
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, <a href="/cdn-cgi/l/email-protection#b5d9d0c6d9dcd09bd8dcd6ddd4d0d9f5d0c5d49bd2dac3"><span class="__cf_email__" data-cfemail="08646d7b64616d2665616b60696d64486d7869266f677e">[email protected]</span></a>.
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. NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> RACT
requirements for the Illinois portion of the Chicago area under the
2008 ozone NAAQS. This NO<INF>X</INF> 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 NO<INF>X</INF> 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.
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\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).
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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
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3-Year average
State/county Monitoring site (AQS site ID) 2019 2020 2021 2019-2021
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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
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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.
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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 NO<INF>X</INF> 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 NO<INF>X</INF> 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., NO<INF>X</INF> 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).
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b. Part D Requirements
Section 172(c) of the CAA sets forth the basic requirements of air
quality plans for states with nonattainment areas that are required to
submit 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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,
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> requirements
for ozone nonattainment areas. Section 182(f)(1) generally requires
major sources of NO<INF>X</INF> 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 NO<INF>X</INF> RACT rules. Section 182(f)(1) of the
CAA, however, also provides that the requirement for such
NO<INF>X</INF> 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 NO<INF>X</INF> emission reductions. The
NO<INF>X</INF> emission control requirements can also be waived if the
Administrator determines that additional reductions of NO<INF>X</INF>
emissions would not contribute to attainment of the ozone NAAQS.
[[Page 13675]]
On January 25, 2022, Illinois requested a waiver from
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF>
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 NO<INF>X</INF> 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 NO<INF>X</INF> budgets and annual sulfur dioxide
(SO<INF>2</INF>) budgets (70 FR 25152). CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate
matter (PM<INF>2.5</INF>) NAAQS and was designed to mitigate the impact
of transported NO<INF>X</INF> emissions, a precursor of both ozone and
PM<INF>2.5</INF>, as well as transported SO<INF>2</INF> emissions,
another precursor of PM<INF>2.5</INF>. 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 NO<INF>X</INF> annual and ozone season programs
beginning in 2009 and the SO<INF>2</INF> 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 PM<INF>2.5</INF>
NAAQS, and the 2006 PM<INF>2.5</INF> NAAQS. Through Federal
Implementation Plans, CSAPR required electric generating units (EGUs)
in eastern states, including Illinois, to meet annual and ozone season
NO<INF>X</INF> budgets and annual SO<INF>2</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> emissions from EGUs in the eastern United States, a
reduction of 80,000 tons in 2017 compared to 2015 levels. The reduction
in NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> and
for particulate matter (PM). The VOC and NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF>,
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 NO<INF>X</INF> and VOC emissions. EPA has estimated future
year emission reductions due to implementation of this rule.
Nationally, EPA estimated that by 2015 NO<INF>X</INF> and VOC emissions
would decrease by 1,260,000 tons and 54,000 tons, respectively.
Nationally, EPA estimated that by 2030 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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, NO<INF>X</INF> and VOC emissions in the
Illinois portion declined by 240.53 tons/day and 25.21 tons/day,
respectively, between 2011 and 2019. NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF>. 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
NO<INF>X</INF> 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
NO<INF>X</INF> and VOC will remain at or below 2019 emission levels
when considering both future source growth and implementation of future
controls. The NO<INF>X</INF> 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. NO<INF>X</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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;
<bullet> Oil and Gas Sector Emission Guidelines, once finalized by
EPA;
<bullet> Revisions to Illinois NO<INF>X</INF> state rules for
boilers and engines.
<bullet> Implementation of OTC model rules for above ground storage
tanks;
Mobile Source Measures
<bullet> Regulations on the Sale of Aftermarket Catalytic
Converters
Area Source Measures
<bullet> Current California Commercial and Consumer Products--
Aerosol Adhesive Coatings, Dual Purpose Air Freshener/Disinfectant,
etc.
<bullet> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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\
---------------------------------------------------------------------------
\6\ See <a href="http://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity">www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity</a>.
---------------------------------------------------------------------------
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 NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> 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 <plus-minus>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,
NO<INF>X</INF>, 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)
NO<INF>X</INF> provisions over that 3-year period. Where the
NO<INF>X</INF> requirements were not implemented over that 3-year
period, the section 182(f) language is met since ``additional''
reductions of NO<INF>X</INF> would not contribute to attainment. That
is, since attainment has already occurred, additional NO<INF>X</INF>
reductions could not improve the area's attainment status and,
therefore, the NO<INF>X</INF> 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 NO<INF>X</INF> exemption.
Specifically, Illinois requested to exempt major stationary sources
of NO<INF>X</INF> (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 NO<INF>X</INF> RACT requirements, as specified in section
182(f)(1)(A) of the CAA. Upon final approval of the NO<INF>X</INF>
waiver, Illinois will not be required to adopt and implement
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
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</html>Indexed from Federal Register on March 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.