Rule2023-17343
Air Plan Approval; Illinois; Base Year Emissions Inventory for the 2015 Ozone Standard
Primary source
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Published
August 15, 2023
Effective
October 16, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), revisions to the State Implementation Plan (SIP) submitted by the Illinois Environmental Protection Agency (Illinois EPA) on October 22, 2020, and February 14, 2023. The revisions address the emissions inventory requirements for the Chicago and Metro-East nonattainment areas under the 2015 ozone National Ambient Air Quality Standard (NAAQS or standard). The Chicago nonattainment area includes Cook, DuPage, Grundy (Aux Sable and Goose Lake Townships), Kane, Kendall (Oswego Township), Lake, McHenry, and Will counties. The Metro-East nonattainment area includes Madison, Monroe, and St. Clair counties. The CAA requires emissions inventories for all ozone nonattainment areas.
Full Text
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<title>Federal Register, Volume 88 Issue 156 (Tuesday, August 15, 2023)</title>
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[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55383-55387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17343]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0555; FRL-11148-02-R5]
Air Plan Approval; Illinois; Base Year Emissions Inventory for
the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), revisions to the State Implementation Plan
(SIP) submitted by the Illinois Environmental Protection Agency
(Illinois EPA) on October 22, 2020, and February 14, 2023. The
revisions address the emissions inventory requirements for the Chicago
and Metro-East nonattainment areas under the 2015 ozone National
Ambient Air Quality Standard (NAAQS or standard). The Chicago
nonattainment area includes Cook, DuPage, Grundy (Aux Sable and Goose
Lake Townships), Kane, Kendall (Oswego Township), Lake, McHenry, and
Will counties. The Metro-East nonattainment area includes Madison,
Monroe, and St. Clair counties. The CAA requires emissions inventories
for all ozone nonattainment areas.
DATES: This direct final rule will be effective October 16, 2023,
unless EPA receives adverse comments by September 14, 2023. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0555 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#4b29272a20272e32653b2a262e272a0b2e3b2a652c243d"><span class="__cf_email__" data-cfemail="b0d2dcd1dbdcd5c99ec0d1ddd5dcd1f0d5c0d19ed7dfc6">[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: Emily Crispell, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8512, <a href="/cdn-cgi/l/email-protection#6c0f1e051f1c0900004209010500152c091c0d420b031a"><span class="__cf_email__" data-cfemail="cdaebfa4bebda8a1a1e3a8a0a4a1b48da8bdace3aaa2bb">[email protected]</span></a>. The
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and facility closures due to COVID-
19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. The 2015 Ozone NAAQS Emissions Inventory Rule Requirements
On December 28, 2015, EPA promulgated a revised 8-hour ozone NAAQS
of 0.070 parts per million (ppm). See 80 FR 65292. Portions of the
Chicago area and the Metro-East area were designated as marginal
nonattainment areas for the 2015 ozone NAAQS. See 83 FR 25776 (August
3, 2018). The Chicago and Metro-East areas have since been reclassified
as moderate
[[Page 55384]]
nonattainment areas. See 87 FR 60897 (November 7, 2022).
CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and
7511a(a)(1), require states to develop and submit, as SIP revisions,
emission inventories for all areas designated as nonattainment for any
NAAQS, including the ozone NAAQS. An emission inventory for ozone is an
estimation of actual emissions of air pollutants that contribute to the
formation of ozone in an area. Ozone is a gas that is formed by the
reaction of Volatile Organic Compounds (VOC) and Oxides of Nitrogen
(NO<INF>X</INF>) in the atmosphere in the presence of sunlight (VOC and
NO<INF>X</INF> are referred to as ozone precursors). Therefore, an
emission inventory for ozone focuses on the emissions of VOC and
NO<INF>X</INF>. VOC is emitted by many types of pollution sources,
including power plants, industrial sources, on-road and non-road mobile
sources, smaller stationary sources, collectively referred to as area
sources, and biogenic sources. NO<INF>X</INF> is primarily emitted by
combustion sources, both stationary and mobile.
Emission inventories provide emissions data for a variety of air
quality planning tasks, including establishing baseline emission level
(anthropogenic [manmade] emissions associated with ozone standard
violations), calculating emission reduction targets needed to attain
the NAAQS and to achieve reasonable further progress (RFP) toward
attainment of the ozone standard, determining emission inputs for ozone
air quality modeling analyses, and tracking emissions over time to
determine progress toward achieving air quality and emission reduction
goals. As stated above, the CAA requires the states to submit emissions
inventories for areas designated as nonattainment for ozone. The
``Implementation of the 2015 National Ambient Air Quality Standards for
Ozone: Nonattainment Area State Implementation Plan Requirements''
specifies that states submit ozone season day emissions estimates for
an inventory calendar year to be consistent with the baseline year for
the RFP plan as required by 40 CFR 51.1310(b). See 83 FR 62998
(February 4, 2019). For the RFP baseline year for the 2015 ozone NAAQS
under 40 CFR 51.1310(b), states may use a calendar year for the most
recently available complete triennial (3-year cycle) emissions
inventory (40 CFR 51, subpart A) preceding the year of the area's
effective date of designation as a nonattainment area. (83 FR 63034-
63035, December 6, 2018).\1\ States are required to submit estimates of
VOC and NO<INF>X</INF> emissions for four general classes of
anthropogenic sources: stationary point sources; area sources; on-road
mobile sources; and non-road mobile sources.
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\1\ The RFP requirements specified in CAA section 182(b)(1)
shall apply to all area's designated nonattainment for ozone
classified Moderate or higher.
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II. Illinois EPA's Emissions Inventory
On October 22, 2020, Illinois EPA submitted a SIP revision
addressing the emissions inventory requirement of CAA section
182(a)(1). The October 22, 2020, submittal did not provide information
for McHenry and Monroe Counties as those counties were not originally
included in the nonattainment areas. On June 14, 2021, McHenry County
was added to the Chicago nonattainment area and Monroe County was added
to the Metro-East nonattainment area (86 FR 31438). On February 14,
2023, Illinois EPA submitted an updated SIP revision including
emissions inventory information for McHenry and Monroe Counties and an
updated mobile source inventory using the most recent Motor Vehicle
Emissions Simulator (MOVES3). Illinois EPA provided documentation of a
2017 NO<INF>X</INF> and VOC base year emissions inventory requirement
for the Chicago metropolitan and the Metro-East nonattainment areas.
Illinois EPA selected 2017 because: (1) the 2017 baseline year was the
most recent comprehensive, accurate, and quality assured triennial
emissions inventory in the National Emissions Inventory (NEI) database
available at the time the state began preparing the emissions inventory
submittal for the Chicago and the Metro-East nonattainment areas; and
(2) it is consistent with baseline year for the RFP plan as required by
40 CFR 51.1310(b). The baseline year for RFP would be the calendar year
for the most recently available triennial emissions inventory at the
time rate of progress/RFP plans are developed (e.g., 2017 for initial
designations effective in 2018) (83 FR 62998). Tables 1 and 2 summarize
the 2017 NO<INF>X</INF> and VOC emissions for the Chicago area and the
Metro-East area in tons of emissions per ozone season day.\2\
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\2\ The ozone season is the portion of the year in which high
ozone concentrations may be expected in a given area.
Table 1--2017 Ozone Season Day NOX Emissions
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Total NOX
County/nonattainment area Point Area Non-road On-road
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Chicago Nonattainment Area..................... 76.82 33.59 131.52 160.36 402.29
Metro-East Nonattainment Area.................. 12.12 1.93 20.68 17.04 51.77
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TABLE 2--2017 Ozone Season Day VOC Emissions
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County/nonattainment area Point Area Non-road On-road Total VOC
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Chicago Nonattainment Area..................... 45.31 226.68 70.09 63.28 405.36
Metro-East Nonattainment Area.................. 9.79 19.41 5.01 6.13 40.34
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A. Base Year Inventory
Illinois EPA estimated NO<INF>X</INF> and VOC emissions for all
source categories in the Chicago and Metro-East ozone nonattainment
areas. Emissions for these counties were totaled by source category for
each ozone nonattainment area.
1. Point Sources
To develop the NO<INF>X</INF> and VOC point source emissions
inventories, Illinois EPA used the annual source reported emissions
data including emissions, process rates, operating schedules, emission
control data, and other relevant information obtained from the permit
files and plant inspections. Ozone season day emissions for point
sources were calculated for each process using the original source
specific data.
[[Page 55385]]
2. Area Sources
To develop the NO<INF>X</INF> and VOC area source emissions
inventories, Illinois EPA used 2017 category activity levels, where
available, or projections of changes in activity from 2014 to 2017
levels with a preference to Illinois-specific data.
3. On-Road and Non-Road Sources
To develop the NO<INF>X</INF> and VOC on-road and non-road source
emissions inventories, Illinois EPA used EPA's MOVES3 model. Inputs to
run the model were provided by the Division of Mobile Source Programs
within the Illinois EPA's Bureau of Air. Aircraft emissions were
calculated using actual activity data (operations) for each airport.
Emissions from locomotives were calculated from data provided by EPA.
Commercial marine vessel emissions were grown from 2014 emissions
estimates using a growth factor for 2014 to 2017 calculated by using
the ratio of the total tonnage shipped for those years for the
Illinois, Mississippi, and Ohio Rivers based on data from the
Waterborne Commerce Statistics Center's (U.S. Army Corps of Engineers)
Waterborne Commerce Statistics Report for Calendar Year 2017.
B. How did the state develop the emission inventories?
For point sources (electrical generating units (EGUs) and non-
EGUs), Illinois EPA calculates and stores emissions data annually in
the state's air emissions inventory database. Under the authority of 35
Ill. Adm. Code 254 and 203, Illinois EPA requires any facility in the
state that emits a pollutant above the specified thresholds to submit
emission inventory statements annually. These reports are required to
contain detailed source type-specific or annual source unit-specific
and seasonal actual emissions for all source units in a facility.
Illinois EPA has provided a detailed list of point sources included in
the 2017 base year inventory by nonattainment area and source category
with their respective NO<INF>X</INF> and VOC emissions within
appendices A and B of their February 14, 2023, submittal.
For area source (sometimes referred to as non-point source)
emissions, Illinois EPA relied on a variety of state-specific data to
estimate emissions based on EPA's procedures and guidance for the 2017
base emissions inventory. Area sources are spread over wide areas with
no distinct discharge points or are comprised of a large number of
small point sources that are difficult to describe separately and whose
emissions are not well characterized (e.g., heating furnaces in
individual homes, architectural surface coating, automobile refueling,
dry cleaning, etc.).
To develop an accurate and complete area source inventory, Illinois
EPA used data from EPA's AP-42: Compilation of Air Emissions Factors,
EPA's WebFIRE emission factor database, and data from Federal and state
agencies including EPA's Office of Air Quality Planning and Standards,
the U.S. Department of Energy, U.S. Bureau of Labor Statistics,
Illinois Department of Transportation, Illinois Department of
Agriculture, along with 2017 category activity levels, where available,
or projections of changes in activity from 2014 to 2017 levels with a
preference to Illinois-specific data. In most cases, Illinois EPA
calculated 2017 area source emissions estimates by using emissions
factors detailed in appendix D of Illinois EPA's submittal. In other
cases, Illinois EPA estimated area source emissions by using growth
factors to convert 2014 emissions to 2017 emission levels. The area
source emissions for the partial county 2015 ozone NAAQS nonattainment
areas, were apportioned by taking the whole county emission estimates
and allocating to the partial county areas on a township level using
surrogates related to the activity being estimated.
Illinois EPA has provided a detailed list of the area sources
included in the 2017 base year inventory by Source Classification Code
(SCC) and county, with their respective NO<INF>X</INF> and VOC
emissions in appendices A and B, including a detailed discussion how
the emissions were derived for each source category within their
February 14, 2023, submittal.
The non-road mobile source emissions were developed by Illinois EPA
using MOVES3. Commercial marine vessel emissions were grown from 2014
values. Aircraft emissions were calculated using the number of landings
and take-offs in conjunction with an emission factor using the
Emissions and Dispersion Modeling System. In appendices A and B of its
submittal, Illinois EPA provided a list of the non-road sources
included in the 2017 base year inventory by SCC and county, with their
respective NO<INF>X</INF> and VOC emissions.
On-road mobile source emissions were developed by Illinois EPA
using MOVES3. The state-specific data inputs were retrieved from
Division of Mobile Source Programs within the Illinois EPA's Bureau of
Air.
Most of the quality assurance (QA) for on-road mobile emissions was
processed through tools built into MOVES3. Additionally, just like the
point and nonpoint inventories, QA was performed when the data was
submitted to the Emissions Inventory System Gateway. In appendices A
and B of the February 14, 2023, submittal, Illinois EPA documented on-
road emissions by SCC and county.
III. EPA's Evaluation
EPA has reviewed Illinois EPA's October 22, 2020, and February 14,
2023, SIP submittals for consistency with sections 172(c)(3) and
182(a)(1) of the CAA, and EPA's emission inventory requirements. In
particular, EPA has reviewed the techniques used by Illinois EPA to
derive and quality assure the emissions estimates. Illinois EPA
documented the procedures used to estimate the emissions for each of
the major source types. The documentation of the emission estimation
procedures is sufficient for EPA to determine that Illinois followed
acceptable procedures to estimate the emissions.
Illinois EPA developed a QA plan and followed this plan during
various phases of the emissions estimation and documentation process to
QA the emissions for completeness and accuracy. These quality assurance
procedures were summarized in the documentation describing how the
emissions totals were developed. The quality assurance procedures have
been determined to be adequate and acceptable. We conclude that
Illinois EPA has developed inventories of NO<INF>X</INF> and VOC
emissions that are comprehensive and complete.
IV. Illinois's Public Notice and Comment
40 CFR part 51, appendix V, requires that the state provide
sufficient notice and opportunity for public comment and hearing on all
SIP submittals. On October 11, 2022, Illinois EPA notified the public
of the 30-day period for the opportunity to comment on the requested
SIP revisions pertaining to the emission inventories for the 2015 ozone
NAAQS nonattainment areas. The notification was published on Illinois
EPA's website at: <a href="https://www2.illinois.gov/epa/public-notices/Pages/default.aspx">https://www2.illinois.gov/epa/public-notices/Pages/default.aspx</a>. Illinois EPA did not receive any public comments or
requests for a public hearing by the stated date in the public notice.
Illinois EPA canceled the public hearing.
V. What action is EPA taking?
EPA is approving Illinois EPA's SIP revision submitted to address
the ozone-related emission inventory requirements for the Chicago
metropolitan area and the Metro-East area nonattainment areas for the
2015 ozone NAAQS. The
[[Page 55386]]
emission inventories we are approving into the SIP are specified in
Tables 1 and 2, above. We are approving the emission inventories
because they contain comprehensive, accurate, and current inventories
of actual emissions for all relevant sources in accordance with CAA
sections 172(c)(3) and 182(a), and because Illinois adopted the
emission inventories after providing for reasonable public notice and a
public hearing.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective October 16,
2023 without further notice unless we receive relevant adverse written
comments by September 14, 2023. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
October 16, 2023.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Illinois EPA did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an environmental justice analysis and
did not consider environmental justice in this action. Due to the
nature of the action being taken, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of environmental justice is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 16, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 8, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, 40 CFR part 52 is amended
as follows:
[[Page 55387]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.720, amend the table in paragraph (e) under the heading
``Emissions Inventories'' by adding an entry for ``Emissions
inventory--2017 (2015 8-hour ozone)'' after the entry for ``Emission
inventory--2012 (2008 Lead)'' to read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(e) * * *
EPA Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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Applicable State
Name of SIP provision geographic or submittal EPA approval date Comments
nonattainment area date
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* * * * * * *
Emissions inventory--2017 (2015 8- Chicago and St. 10/22/2020 8/15/2023, [INSERT ....................
hour ozone). Louis areas. Federal Register
CITATION].
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[FR Doc. 2023-17343 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P
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