DOE proposes to maintain a previously approved incorporation by reference and to incorporate by reference the following industry standards into 10 CFR part 430:

Copies of IES LM-9-20, IES LM-54-20, IESNA LM-75-01/R12, IES LM-78-17, IES LM-78-20, and IES LM-79-19 can be obtained by going to https://www.ies.org/store.

For a further discussion of these standards, see section IV.M.

DOE's energy conservation standards and test procedures for CFLKs are currently prescribed at title 10 of the Code of Federal Regulations (“CFR”), part 430 section 32(s), 10 CFR part 430, subpart B, appendix V (“Appendix V”), and 10 CFR part 430, subpart B, appendix V1 (“Appendix V1”). The following sections discuss DOE's authority to establish test procedures for CFLKs and relevant background information regarding DOE's consideration of test procedures for this product.

The Energy Policy and Conservation Act, as amended (“EPCA”), 1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B  2 of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency. These products include CFLKs, the subject of this document. (42 U.S.C. 6291(50), 42 U.S.C. 6293(16)(A)(ii), 42 U.S.C. 6295(ff)(2)-(5))

The energy conservation program under EPCA consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), energy conservation standards (42 U.S.C. 6295), and the authority to require information and reports from manufacturers (42 U.S.C. 6296).

The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making other representations about the efficiency of those consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the products comply with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s))

Federal energy efficiency requirements for covered products established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. (42 U.S.C. 6297(d))

Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products. EPCA requires that any test procedures prescribed or amended under this section be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))

EPCA, as codified, directs DOE to establish test procedures for CFLKs based on the test procedures referenced in the Energy Star specifications for Residential Light Fixtures and Compact Fluorescent Light Bulbs, as in effect on August 8, 2005. EPCA also specifies that once established, DOE may review and revise the test procedures. (42 U.S.C. 6293(b)(16))

EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered product, including CFLKs, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle or period of use. (42 U.S.C. 6293(b)(1)(A))

If the Secretary determines, on her own behalf or in response to a petition by any interested person, that a test procedure should be prescribed or amended, the Secretary shall promptly publish in the Federal Register proposed test procedures and afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such procedures. The comment period on a proposed rule to amend a test procedure shall be at least 60 days and may not exceed 270 days. In prescribing or amending a test procedure, the Secretary shall take into account such information as the Secretary determines relevant to such procedure, including technological developments relating to energy use or energy efficiency of the type (or class) of covered products involved. (42 U.S.C. 6293(b)(2)). If DOE determines that test procedure revisions are not appropriate, DOE must publish its determination not to amend the test procedures. (42 U.S.C. 6293(b)(1)(A)(ii))

In addition, EPCA requires that DOE amend its test procedures for all covered products to integrate measures of standby mode and off mode energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off mode energy consumption must be incorporated into the overall energy efficiency, energy consumption, or other energy descriptor for each covered product unless the current test procedures already account for and incorporate standby and off mode energy consumption or such integration is technically infeasible. If an integrated test procedure is technically infeasible, DOE must prescribe a separate standby mode and off mode energy use test procedure for the covered product, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment must consider the most current versions of the International Electrotechnical Commission (“IEC”) Standard 62301  3 and IEC Standard 62087  4 as applicable. (42 U.S.C. 6295(gg)(2)(A))

DOE is publishing this notice of proposed rulemaking (“NOPR”) in satisfaction of the 7-year review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

DOE's existing test procedure for CFLKs appears at title 10 of the CFR part 430, subpart B, appendix V (“Uniform Test Method for Measuring the Energy Consumption of Ceiling Fan Light Kits With Pin-Based Sockets for Fluorescent Lamps”) and title 10 of the CFR part 430, subpart B, appendix V1 (“Uniform Test Method for Measuring the Energy Consumption of Ceiling Fan Light Kits Packaged With Other Fluorescent Lamps (not Compact Fluorescent Lamps or General Service Fluorescent Lamps), Packaged With Other SSL Lamps (not Integrated LED [light-emitting diode] Lamps), or With Integrated SSL Circuitry”).

On December 24, 2015, DOE published a final rule (“December 2015 Final Rule”) making two key updates to its CFLK test procedure. 80 FR 80209 (Dec. 24, 2015) First, DOE updated the CFLK test procedure to require that representations of efficacy, including certifications of compliance with CFLK standards, be made according to the corresponding DOE lamp test procedures, where they exist ( e.g., for a CFLK with medium screw base sockets that is packaged with compact fluorescent lamps (“CFLs”), the CFLK test procedure references the DOE test procedure for CFLs at 10 CFR 430.23(y)). 80 FR 80209, 80211. Second, DOE updated the CFLK test procedure by establishing in a separate appendix, i.e., appendix V1, the test procedure for CFLKs packaged with inseparable light sources that require luminaire efficacy testing ( e.g., CFLKs with integrated SSL circuitry) and for CFLKs packaged with lamps for which DOE test procedures did not exist. 80 FR 80209, 80212. With these changes, the December 2015 Final Rule aligned CFLK requirements for measuring efficacy of lamps and/or light sources in CFLKs with current DOE lamp test procedures.

The December 2015 Final Rule also replaced references to superseded ENERGY STAR requirements with the latest versions of industry standards in appendix V, the test procedure for measuring system efficacy of the lamp-and-ballast platform. Additionally, for ease of reference, the final rule replaced references to ENERGY STAR requirements in existing CFLK standards contained in 10 CFR 430.32(s) with the specific requirements. 80 FR 80209, 80211. Further, in that final rule, DOE determined that it accounts for standby mode energy consumption of CFLKs under the efficiency metric for ceiling fans rather than under the CFLK efficiency metric; and therefore, did not specify a standby mode test procedure for CFLKs. 80 FR 80209, 80212. Representations regarding CFLKs subject to the January 21, 2020 standards must be based on the amended test procedure, including appendix V1. 5 See 80 FR 80209, 80220; 81 FR 580 (January 6, 2016); 83 FR 22587 (May 16, 2018).

On August 6, 2021, DOE published a NOPR amending the certification requirements for CFLKs (“August 2021 NOPR”). 86 FR 43120 (Aug. 6, 2021) In the August 2021 NOPR, DOE proposed to update the reporting requirements for CFLKs to address the January 21, 2020 standards and remove the reporting requirements for the January 1, 2007 standards. The August 2021 NOPR proposed to align the CFLK certification reporting requirements at 10 CFR 429.33 with the CFLK energy conservation standards relating to: (a) Efficacy for light sources in CFLKs; (b) lumen maintenance, lifetime, and rapid cycle stress testing for medium screw base CFLs in CFLKs; (c) electronic ballasts for pin-based fluorescent lamps in CFLKs; (d) test sample size; and (e) kind of lamp. 86 FR 43126, 43128.

EPCA requires DOE to review test procedures for covered products at least once every 7 years. 42 U.S.C. 6293(b)(1)(A) DOE initiated the first step in the 7 year review process by publishing a request for information (“RFI”) document on May 4, 2021 (“May 2021 RFI”), which identified specific issues on which DOE seeks input to aid in its analysis of whether an amended test procedure for CFLKs would more accurately or fully comply with the requirement that the test procedure produces results that measure energy use during a representative average use cycle for the product, and not be unduly burdensome to conduct. 86 FR 23635.

DOE received comments in response to the May 2021 RFI from the interested parties listed in Table I.1.

A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record. 6

In accordance with section 3(a) of 10 CFR part 430, subpart C, appendix A (“appendix A”), DOE notes that it is deviating from the provision in appendix A regarding publication of an additional pre-NOPR rulemaking document. Section 8(b) of appendix A. DOE is opting to deviate from this step because, as discussed in the following section DOE's proposal is limited to updating the referenced version of the applicable industry standard, proposing certain terminology changes, and deleting an obsolete reference. DOE has tentatively determined the proposals do not require consideration of test data or market data that would typically be requested through an additional pre- NOPR rulemaking document, such as an RFI or notice of data availability.

In this NOPR, DOE proposes to update 10 CFR 430.23(x), appendix V, and appendix V1 as follows: (1) Update references to industry standards to their latest versions and incorporate industry standards necessary for executing the test; (2) modify appendix V1 to allow for the use of a goniophotometer; (3) revise definitions regarding CFLKs with SSL light sources in appendix V1 to clarify the scope and test methods for CFLKs; and (4) remove appendix V, the test procedure that must be used for CFLKs with pin-based sockets that are manufactured on or after January 1, 2007, and prior to January 21, 2020 and rename appendix V1 as appendix V.

DOE's proposed actions are summarized in Table II.1 compared to the current test procedure as well as the reason for the proposed change.

DOE has tentatively determined that the proposed amendments described in section III of this NOPR would not alter the measured efficiency of CFLKs or require retesting or recertification solely as a result of DOE's adoption of the proposed amendments to the test procedures, if made final. DOE has tentatively determined that the proposed amendments described in section III of this NOPR are reasonably designed to more accurately measure energy efficiency for CFLKs during a representative average use cycle and are not overly burdensome to conduct. Additionally, DOE has tentatively determined that the proposed amendments, if made final, would not increase the cost of testing. Discussion of DOE's proposed actions are addressed in detail in section III of this NOPR.

Although the May 2021 RFI requested comments, information and data regarding several specific issues, DOE welcomed written comments from the public on any subject within the scope of the document (including topics not raised in the RFI). In response to the May 2021 RFI, DOE received several general comments. Kecaph stated that ceiling fan lights need to be inspected and that the public is not going to pay for light fixtures that are not working properly. (kecaph, No. 2 at p. 1) Regarding early assessment RFIs, the CA IOUs reiterated their recent comments to DOE's NOPR on Procedures, Interpretations, and Policies for Consideration in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment (“Process Rule”). The CA IOUs generally supported DOE's proposal to remove inactive components of the test procedure and update references to industry resources, but the CA IOUs believed that early assessment RFIs are largely unnecessary. Instead, the CA IOUs recommended that DOE return to the publication of a RFI as the first step of a rulemaking. (CA IOUs, No. 3 at pp. 1-2)

As stated in section I.A, DOE is publishing this NOPR to satisfy the 7-year review requirement specified in EPCA to review test procedures for CFLKs. The scope of this NOPR does not cover inspection of installed ceiling fan lights, but rather addresses how to measure their energy efficiency. The scope of this notice also does not cover changes to the Process Rule. More information regarding updates to the Process Rule can be found on www.regulations.gov under docket number EERE-2021-BT-STD-0003-0044.

ALA stated that it strongly supported that all assessments of standby power continue to be calculated with the ceiling fan's standby power. (ALA, No. 4 at p. 2) As discussed in section I.B of this document, DOE determined in the December 2015 Final Rule that standby mode energy consumption of CFLKs is accounted for under the efficiency metric for ceiling fans, rather than under the CFLK efficiency metric; and therefore did not specify a standby mode test procedure for CFLKs. 80 FR 80209, 80212. DOE continues to find this determination valid and therefore is not proposing a standby mode test procedure for CFLKs in this NOPR.

This rulemaking addresses the DOE test procedure for CFLKs. DOE defines CFLKs as follows:

The scope of the test procedure in appendix V1 covers fluorescent lamps other than compact fluorescent lamps or general service fluorescent lamps, SSL products other than integrated LED lamps, or integrated SSL circuitry packaged with CFLKs. To support the test procedure for CFLKs the following terms are defined in appendix V1: “CFLK with integrated SSL circuitry,” “Covers,” “Other (non-CFL and non-GSFL) fluorescent lamp,” “Other SSL products,” and “Solid-State Lighting (SSL).” In the definitions of “Other SSL products” and “SSL”, DOE cites organic light-emitting diode (“OLEDs”) as an example of a type of light source that uses SSL technology.

ALA stated that no manufacturers have any plans to use OLEDs in CFLKs. (ALA, No. 4 at p. 2) DOE has included OLEDs as an example of SSL technology because it is a type of light source that may be used in CFLKs, even if it is not at present. Therefore, DOE maintains the use of OLEDs as examples of an SSL product, to ensure there is an applicable test procedure for these products.

The current DOE test procedure for CFLKs in appendix V1 specifies instructions for measuring the lamp efficacy or luminaire efficacy, as applicable. Appendix V1 incorporates by reference the 2009 version of Illuminating Engineering Society (“IES”) Lighting Measurement and Testing (“LM”)-9 (“IES LM-9-09”  7 ) for testing “other fluorescent lamps” ( i.e., not CFLs or general service fluorescent lamps (“GSFLs”)) and the 2008 version of IES LM-79 (“IES LM-79-08”  8 ) for testing “other SSL products” ( i.e., not integrated LED lamps) and CFLKs with integrated SSL circuitry. Appendix V1 references these industry standards for test conditions and measurements. These referenced industry test standards have been updated by industry since DOE last amended its test procedures. IES LM-9-09 has been updated with a 2020 version  9 (IES LM-9-20) and IES LM-79-08 has been updated with a 2019 version  10 (IES LM-79-19). In addition, DOE is proposing to incorporate by reference IES LM-54-20, 11 IESNA LM-75-01/R12, 12 IES LM-78-20, 13 and IES LM-78-17  14 for appendix V1. DOE received several comments on how the changes in the updated versions of these standards would impact DOE's test procedure for CFLKs.

The CA IOUs suggested, regarding IES LM-9, LM-54, LM-78, LM-79, and any other lighting industry test procedures referenced in the DOE test procedure, that DOE communicate directly with the sponsoring bodies to obtain information regarding the impacts of the proposed changes to the referenced industry standards. The CA IOUs suggested that, in the absence of such information, DOE commission testing of CFLKs using currently referenced industry standards and proposed updates to referenced industry standards to make an independent determination. (CA IOUs, No. 3 at p. 2)

ALA stated that all the LM methods identified in the May 2021 RFI are simply updated American National Standards Institute (“ANSI”) accredited versions of LMs currently used. ALA further stated that it typically supports updating standards that are backed by ANSI and have no initial concerns with making these updates as long as there is no meaningful difference in the measured value. (ALA, No. 4 at p. 1) ALA stated that ALA's CFLK manufacturers do not have data to share that shows the difference between current LMs and updated LMs since their members focus their testing on what is currently required under regulations. (ALA, No. 4 at p. 1) ALA stated that their members have heard from other fixture and light source manufacturers that the measurable differences are insignificant. ALA stated that if pre-rulemaking testing proves otherwise and results in excessive retesting, ALA CFLK manufacturers will oppose updates to the LMs as it will be costly and time consuming. (ALA, No. 4 at pp. 1-2)

DOE has tentatively concluded that the proposed updates to industry test standard references do not involve substantive changes to the test setup and methodology and therefore do not pose additional test burden and will have no impact on test costs. Further, DOE has tentatively determined that incorporation by reference of the latest versions will not change measured values, better aligns DOE test procedures with industry practice, and further increases the clarity of the test methods. DOE requests comment on its assessments of the impacts of incorporating by reference IES LM-9-20, IES LM-54-20, IESNA LM-75-01/R12, IES LM-79-19, IES LM-78-20, and IES LM-78-17 for appendix V1. Each proposed industry test standard is discussed in the following sections.

IES LM-9 provides methods for taking electrical and photometric measurements of fluorescent lamps. DOE's initial review indicates no major changes in IES LM-9-20 compared to IES LM-9-09, except for updates to certain relevant references. Firstly, section 6.2 of IES LM-9-20 updates its reference of IES LM-54, the industry standard for lamp seasoning, from the 1999 version  15 (“IESNA LM-54-99”) to the 2020 version (IES LM-54-20). Secondly, section 7.0 of IES LM-9-20 updates its references of IES LM-78, the industry standard for measurements in an integrating sphere, from the 2007 version  16 (“IESNA LM-78-07”) to the 2020 version (IES LM-78-20). DOE has tentatively concluded that updates in IES LM-9-20 would not change final measured values and proposes to update references from the 2009 version of IES LM-9 to the 2020 version in appendix V1. These updates are discussed in detail in the following sections.

Because lamp seasoning is a necessary part of testing fluorescent lamps in CFLKs, DOE is proposing to incorporate by reference IES LM-54-20 for appendix V1 and to reference it when referencing IES LM-9-20 in appendix V1. Because an integrating sphere is a method used to make necessary photometric measurements of fluorescent lamps in CFLKs, DOE is proposing to incorporate by reference IES LM-78-20 for appendix V1 and to reference it when referencing IES LM-9-20 directly in appendix V1.

IES LM-54 is the industry standard for lamp seasoning. Appendix V1 currently references sections of IES LM-9-09, which reference IESNA LM-54-99. The 2020 version of IES LM-9, proposed for incorporation by reference for appendix V1 in this notice, updated this reference to IES LM-54-20. The 2020 version of IES LM-54 adds numerous new sections, which codify best practices, that labs are likely already following. Specifically, IES LM-54-20 adds section 4.0 on physical environment test conditions that covers topics such as keeping labs clean and within the ambient temperature range; not subjecting lamps to excessive vibration/shock; and using airflow to cool the seasoning area. IES LM-54-20 also adds section 5.0 on electrical test conditions, which includes instructions on frequency, voltage wave shape, and voltage regulation; basic lamp connection protocols; and setting up an adjacent ground for fluorescent lamps. Additionally, IES LM-54-20 includes new section 6.1 on test preparation which addresses how to handle and mark lamps. Finally, IES LM-54-20 adds a statement in section 6.2.1.1 expressly stating that the orientation of the lamp during seasoning should be maintained for the entire test.

Based on DOE's knowledge of third party labs, DOE understands that the added instructions in IES LM-54-20 regarding the appropriate physical conditions of the lab, test setup for taking electrical measurements, and marking and handling the lamps physical environment conditions are basic steps followed by labs when conducting testing. These basic instructions are also included in most up to date industry standards. Therefore, DOE has tentatively determined that the additions in IES LM-54-20 are industry best practices for taking lamp measurements, and therefore likely are already being followed by laboratories. DOE has tentatively concluded that the changes in IES LM-54-20 will allow for further accuracy in testing but will not impact final measured values of efficacy.

IES LM-78 is the industry standard for taking measurements in an integrating sphere. Appendix V1 currently references sections of IES LM-9-09 which reference IESNA LM-78-07. The 2020 version of IES LM-9, proposed for incorporation by reference for appendix V1 in this NOPR, has updated this reference to IES LM-78-20.

DOE identified several changes in the 2020 version of IES LM-78 compared to the 2007 version, including additions in the 2020 version that are not in 2007 version. The 2020 version includes a discussion of spectral measurements, in new sections 7.1.2 and 7.2.2, on taking measurements with a spectroradiometer within a sphere. Section 5.1 and 5.2 of IES LM-78-20 also provides specific sections on 2π and 4π geometry, respectively. For 4π geometry, the 2020 version adds the specification that the total surface area of the lamp should be less than 2 percent of the total area of the sphere wall. Section 5.3 of IES LM-78-20 adds an explanation on using sphere angular response distribution function (“SRDF”) to assess sphere responsivity. Further, in Section 7.2 of IES LM-78-20 the equation to compute luminous flux now includes subtraction of dark/stray light, a ratio of spectral mismatch correction factor to self-absorption factor, and the sphere angular non-uniformity correction factor.

These additions do not change the existing method of taking lumen measurements with an integrating sphere and only add additional techniques that manufacturers could use if they choose to do so, such as using a spectroradiometer, 4π geometry, 2π geometry, or the SRDF function to determine sphere responsivity. Further, Section 6.2.1 and Section 6.3.2 of IESNA LM-78-07 also directed that stray light and spectral mismatch correction, respectively should be accounted for in taking lumen measurements. Section 7.0 of IES LM-78-20 only explicitly incorporates these factors into the total luminous flux equation. DOE has tentatively concluded that the additional information in IES LM-78-20 is reflective of industry learning and making more accurate and consistent measurements using the integrating sphere, but will not impact final measured values of efficacy.

DOE also identified updates to specifications in IESNA LM-78-07. Section 5.1 of IES LM-78-20 states the sphere diameter shall be 1.5 times the length of a linear lamp, whereas it was specified as 2 times the length in Section 6.3.7 of IESNA LM-78-07. Section 5.6 of IES LM-78-20 also states for the degree of the spectral match to the V(λ) function, it is preferable that the value of the photometer be less than 3 percent, whereas it was less than 5 percent in Section 3.5 of IESNA LM-78-07. Throughout IES LM-78-20, the term “spatial luminous intensity” is replaced with “angular luminous intensity”. The updated standard has replaced “spatial” with “angular” to more clearly describe that light is being measured by angles. 17 Finally, in Section 8.0 of IES LM-78-20, the uncertainty analysis section has been condensed to a list of potential sources of errors and references to other industry standards for guidance.

The change in sphere diameter will have a minimal impact on the size of the sphere used and subsequently on the test setup inside the sphere and measurements. The change in the degree of spectral match to the V(λ) function is a minor adjustment to a correction factor in measurement and as such will result in more accurate testing, but will not change the final measured value. Finally, the reorganization of the uncertainty analysis section has minimal impact. DOE has tentatively concluded that the updates to sphere diameter and spectral match tolerance will allow for further accuracy in testing and will not impact final measured values of efficacy.

IES LM-79 provides methods for taking electrical and photometric measurements of SSL products. DOE's initial review indicates several changes in IES LM-79-19 compared to IES LM-79-08. Regarding testing conditions, Section 4.2.1 of IES LM-79-19 changes the tolerance of ambient temperature to +/−1.2 degrees Celsius measured not more than 1.5 meters from the test lamp, whereas in IES LM-79-08, it specified +/−1 degree Celsius measured from not more than 1 meter. DOE has tentatively concluded that the change in ambient temperature and distance is minor and will not impact final measured values of efficacy.

For instrumentation, Section 5.3.3 of IES LM-79-19 adds specifications that the alternating current (“AC”) power analyzer to have a frequency range from direct current (“DC”) to at least 100 kilohertz (“kHz”) and for products with high-frequency components a frequency range of at least 1 megahertz (“MHz”). Section 5.1.2 of IES LM-79-19 also adds current crest factor capability requirements for the AC power supply. Regarding power supply tolerances, Section 5.1 of IES LM-79-19 adds the following: (1) The supplied frequency to have a tolerance of +/−2 hertz (“Hz”) from the prescribed frequency; and (2) the AC voltage component of the DC regulated voltage to be less than 0.5 percent root mean square (“RMS”) of the DC regulated voltage.

Additionally, Section 3.2 of IES LM-79-08 required that the calibration uncertainties of instruments for AC voltage and current be a minimum of 0.2 percent and for the AC power meter be a minimum of 0.5 percent. Section 5.3 of IES LM-79-19 replaces these specifications with expanded uncertainty minimums of: (1) 0.4 percent for RMS AC voltage for 60 Hz sinusoidal waveform measurements; (2) 0.6 percent for RMS AC current for 0.5 Hz to 1 kHz range and 2 percent for 1 kHz to 100 kHz range; and (3) 1 percent for active AC power in the 0.5 Hz to 1 kHz range and 2 percent in the 1 kHz to 100 kHz range. DOE has tentatively concluded that the additions regarding tolerances of the test instruments and power supply measurements and updates to calibration uncertainties will allow for further accuracy in testing, but will not impact final measured values of efficacy.

For test circuits, Section 5.0 of IES LM-79-19 adds the following specifications: (1) Use of separate sense leads to avoid voltage drops; (2) resistance and capacitance of test circuit (excluding power supply) to be less than respectively 0.5 ohms and 1.5 nanofarads; and (3) the internal impedance of voltage measurement circuits (excluding the power meter) to be at least 1 megaohm. DOE has tentatively concluded that the additions regarding the leads, resistance, capacitance and impedance will allow for more stable test circuits and will not impact final measured values of efficacy.

For electrical measurements, Section 5.4 of IES LM-79-19 adds tolerances intervals of +/−0.5 percent for AC RMS voltage, +/−0.2 percent for DC voltage and current. It also states optical and electrical waveforms should be analyzed to ensure measurement equipment is appropriate. Section 5.4 of IES LM-79-19 adds a discussion for testing low voltage products, stating that measurements can be taken with a combination of a voltages above and below set value and interpolated to get the required measurement. Section 5.4 of IES LM-79-19 also addresses inrush currents, stating that the AC power supply should begin applying current at zero-phase or, if the product is not capable of a zero-phase start, the AC voltage should be ramped up from 0 volts over a few seconds. 18 DOE has tentatively concluded that the additions regarding the tolerances of voltages and analyzing waveforms will allow for further accuracy in testing, but will not impact final measured values of efficacy.

Regarding stability, Section 6.4 of IES LM-79-19 states that to determine stability three readings of light output and electrical power must be taken at 10-minute intervals over 20 minutes. Section 5.0 of IES LM-79-08 required three readings taken at 15-minute intervals over 30 minutes. Section 6.4 of IES LM-79-19 also clarifies that it is the average of the three measurements taken chronologically that should be used to determine the stabilization threshold. Additionally, unlike IES LM-79-08, IES LM-79-19 no longer allows the use of alternative stabilization methods for measurements of a number of products of the same model. Determining an alternative stabilization method that results in total lumens being within 0.5 percent of the value when the normal stabilization method is used would require considerable testing and may need to be reassessed with each basic model. Therefore, DOE has tentatively concluded that disallowing an alternative stabilization method does not change the overall test burden. DOE has tentatively concluded that the changes to the stabilization method will still result in a stabilized lamp and will not impact final measured values of efficacy.

Further, section 7.2 of IES LM-79-19 updates its references of IES LM-78, the industry standard for measurements in an integrating sphere, from the 2007 version (“IESNA LM-78-07”) to the 2017 version (IES LM-78-17). Because an integrating sphere is a method used to make necessary photometric measurements of light sources used in CFLKs, DOE is proposing to incorporate by reference IES LM-78-17 for appendix V1 and to reference it when referencing IES LM-79-19 in appendix V1. Although IES LM-78-17 has been updated to IES LM-78-20, DOE is proposing to incorporate by reference IES LM-78-17 for appendix V1, as it is the version directly referenced by IES LM-79-19. DOE has tentatively determined that updating IESNA LM-78-07 to IES LM-78-20 will not impact final measured values (see section III.B.1). DOE has also tentatively determined that changes in IES LM-78-20 compared to IES LM-78-17 are minor and do not impact final measured values. Therefore, DOE has tentatively concluded that since updating to IESNA LM-78-07 to IES LM-78-20 does not impact final measured values, updating IESNA LM-78-07 to IES LM-78-17 will also not impact final measured values.

Finally, Section 7.2.2 of IES LM-79-19 adds that the spectroradiometer system have a wavelength uncertainty within 0.5 nanometers. Section 7.3.2 of IES LM-79-19 also adds that for 2π geometry the total surface area of the test lamp internal to the sphere should be no more than 1 percent of the total surface area of the sphere. DOE has tentatively concluded that the additional specifications regarding the spectroradiometer will allow for further accuracy in testing, but will not impact final measured values of efficacy.

In summary, DOE has tentatively concluded that updates in IES LM-79-19 would not change final measured values and proposes to update references from the 2008 version of IES LM-79 to the 2019 version in appendix V1. DOE notes that the sections of IES LM-79-08 were reorganized in the 2019 version. Currently, appendix V1 references section 2 through 9.2 of IES LM-79-08, which correspond to sections 4 through 6 and 7.2 of IES LM-79-19. DOE proposes to change the section references of IES LM-79-19 from section 2 through 9.2 to corresponding sections 4 through 6 and 7.2. In addition, because DOE is proposing to allow the use of the goniophotometer method (see section III.C.2 of this document), DOE is also proposing to reference all of section 7.0 of IES LM-79-19 to include sub-sections addressing the goniophotometer method. Section 7.2 of IES LM-79-19 references IESNA LM-75-01/R12 for general recommendations and requirements on making measurements with goniophotometers. Therefore, DOE is proposing to incorporate by reference IESNA LM-75-01/R12 for appendix V1 and to reference it when referencing IES LM-79-19 in appendix V1.

DOE proposes changes to appendix V1 to clarify definitions regarding CFLKs with SSL light sources and allow for the use of the goniophotometer method to make photometric measurements. DOE also proposes to arrange the definitions in appendix V1 in alphabetical order. Note that the proposed section references of industry test standards are based on the version of the standard proposed for adoption (see section III.B of this document).

DOE proposes to revise certain existing terms in appendix V1. Specifically, DOE proposes to replace the terms “CFLK with integrated SSL circuitry” and “other SSL products” respectively, with “CFLK with non-consumer-replaceable SSL circuitry” and “CFLK with consumer-replaceable SSL circuitry” throughout appendix V1; and provide further clarifications in the definitions of these terms.

DOE initiated an analysis of CFLK energy conservation standards by publishing an RFI on June 4, 2021 (“June 2021 RFI”). 86 FR 29954. In response to the June 2021 RFI, ALA recommended that DOE revise the two product classes for standards to align with the current CFLK test procedure that differentiate between LED lamps with an ANSI approved base that are tested individually, and a light kit that incorporates an integrated LED light source that is tested as a complete unit. (ALA, No. 3 at p. 2  19 ) This comment indicates that it is not clear that DOE's CFLK test procedure directs CFLKs with consumer replaceable SSL light sources without ANSI bases to be tested individually using lamp efficacy, similar to the required efficacy measurement for CFLKs with ANSI base lamps. Additionally, information collected in manufacturer interviews as part of the ongoing CFLK standards analysis also indicated that this part of the test procedure may need further clarification. DOE tentatively concluded that that the current definitions for “CFLK with integrated circuitry” and “other SSL products” were not clear and could lead to confusion when manufacturers classify products and determine the required efficacy measurement.

Under the current Appendix V1, CFLKs that use SSL circuitry are separated as either a “CFLK with integrated SSL circuitry” or “other SSL products,” and have different methods to measure efficacy. A CFLK with integrated SSL circuitry is defined as a CFLK that has SSL light sources, drivers, heat sinks, or intermediate circuitry (such as wiring between a replaceable driver and a replaceable light source) that are not consumer replaceable. Section 2.1 of 10 CFR Part 430, Subpart B, Appendix V1. Because the SSL light source in a CFLK with integrated circuitry will require cutting of wires or similar methods to remove and test the light source, it cannot be restored to the same condition it was prior to testing. Hence, DOE directs manufacturers to test and report the efficacy with the light source in the CFLK, i.e., luminaire efficacy. In this NOPR, to further clarify which CFLKs fall into this category, DOE proposes to change the term “CFLK with integrated SSL circuitry” to “CFLK with non-consumer-replaceable SSL circuitry.” Further, DOE proposes to modify the definition by specifying that the light sources and all necessary components in these CFLKs cannot be replaced without permanently altering the product; and specifying that the light sources in these CFLKs do not have an ANSI base. DOE will continue to require the measurement of luminaire efficacy for these CFLKs. DOE proposes the following definition for “CFLK with non-consumer-replaceable SSL circuitry”:

Under section 2.4 of 10 CFR part 430, subpart B, Appendix V1, “other SSL products” are defined as an integrated unit consisting of a light source, driver, heat sink, and intermediate circuitry that uses SSL technology (such as light-emitting diodes or organic light-emitting diodes) and is consumer replaceable in a CFLK. The term does not include LED lamps with ANSI-standard bases. Examples of other SSL products include OLED lamps, LED lamps with non-ANSI-standard bases, such as Zhaga interfaces, and LED light engines. Hence, the SSL light source is an integrated unit that can be removed, tested, and placed back into the CFLK so it is the same product as it was when sold, i.e., consumer replaceable. Therefore, DOE directs manufacturers to remove the SSL light source and test and report its efficacy, i.e., lamp efficacy. In this NOPR to further clarify which CFLKs fall into this category, DOE proposes to change the term “other SSL products” to “CFLK with consumer-replaceable SSL circuitry.” Further, DOE proposes to modify the definition by specifying that the light sources and all necessary components in these CFLKs can be replaced without permanently altering the product; and specifying that the light sources in these CFLKs do not have an ANSI base. DOE will continue to require the measurement of lamp efficacy of the light sources in these CFLKs. DOE proposes the following definition for “CFLK with consumer-replaceable SSL circuitry:”

DOE proposes to continue to allow the luminaire efficacy of CFLKs with non-consumer-replaceable SSL circuitry to be measured without a cover if that cover is consumer replaceable. As such, DOE proposes to also replace the reference of “CFLKs with integrated SSL circuitry” with “CFLKs with non-consumer-replaceable SSL circuitry” in the definition of “cover.” Additionally, in the scope section of appendix V1, DOE proposes to replace the reference of “SSL products other than integrated LED lamps” with “consumer-replaceable SSL circuitry other than integrated LED lamps” and replace the reference of “integrated SSL circuitry” with “non-consumer-replaceable SSL circuitry.”

As noted previously, to clarify the definitions of CFLKs with SSL circuitry, DOE is proposing to specify that CFLKs with non-consumer-replaceable SSL circuitry and CFLKs with consumer-replaceable SSL circuitry have non-ANSI standard bases. Further, to clarify that other SSL light sources with ANSI bases (not integrated LED lamps) must be tested for lamp efficacy, DOE is proposing to specify the efficacy measurement and referenced test procedure for these lamps in the table in appendix V1.

DOE is also proposing to reflect these clarifications in the title of appendix V1. DOE has tentatively concluded that clarifying the terminology and definitions of CFLKs with SSL light sources will not require a manufacturer to change their method of testing and therefore will have no impact on test costs. DOE requests comment on the proposed definitions for “CFLK with consumer-replaceable SSL circuitry” and “CFLK with non-consumer-replaceable SSL circuitry.”

In this NOPR, DOE is proposing to allow for the use of a goniophotometer to test the lamp efficacy or luminaire efficacy of CFLKs, as applicable.

ALA stated that informal testing conducted by ALA manufacturers indicated that the difference in the measured efficacy using a goniophotometer versus an integrated sphere was inconsequential. ALA further stated that since efficacy differences are negligible, it preferred the use of an integrated sphere because of time efficiency and ease of use. (ALA, No. 4 at p. 2)

DOE has tentatively concluded that difference in measured efficacy using a goniophotometer versus an integrated sphere is not significant and allowing both the methods would allow manufacturers flexibility in testing. Further, allowing manufacturers to test the performance of CFLKs with either an integrated sphere or goniophotometer aligns the CFLK test procedure with the DOE test procedures for GSFLs, incandescent reflector lamps (“IRLs”), and general service incandescent lamps (“GSILs”). Therefore, DOE is proposing to allow the use of a goniophotometer in appendix V1. DOE has tentatively concluded that allowing the use of both integrating sphere and goniophotometer for photometric measurements will not require a manufacturer to change their method of testing and therefore will have no impact on test costs. DOE requests comment on the allowance of both goniophotometer and integrating sphere methods and any data on the difference in efficacy measurements when testing the same lamp with goniophotometer versus integrating sphere.

DOE proposes to remove appendix V as it is no longer needed. All CFLKs manufactured as of January 21, 2020, must be tested according to current appendix V1. See 80 FR 80209, 80220 and 81 FR 580. Therefore, appendix V is no longer applicable, and removal of this appendix would not result in any change to the currently applicable test procedure.

The CA IOUs and ALA both stated their support for removal of appendix V. (CA IOUs, No. 3 at p.1; ALA, No. 4 at p.1) The CA IOUs stated that under the current energy conservation standards, all CFLKs manufactured as of January 21, 2020, must be tested in accordance with appendix V1, and therefore appendix V is no longer applicable. (CA IOUs, No. 3 at p. 1) ALA suggested DOE replace the language in appendix V with the language in appendix V1. ALA stated that DOE could then eliminate appendix V1 and update any cross references. (ALA, No. 4 at p. 1) Because appendix V is no longer applicable for the test procedure, DOE is proposing to remove appendix V. DOE also proposes to rename appendix V1 as appendix V. DOE has tentatively concluded that removing an unused appendix will have no impact on test costs.

As specified in section III.C, in the current appendix V1 (proposed to be renamed appendix V), DOE is replacing “other SSL products” and “integrated SSL circuitry” respectively, with “consumer-replaceable SSL circuitry” and “non-consumer-replaceable SSL circuitry.” The terms “other SSL products” and “integrated SSL circuitry” are used in 10 CFR 429.33 which specifies the CFLK sampling plan, represented values, and certification; 10 CFR 430.23(x) which provides references to DOE test procedures for lamps in CFLKs not within the scope of appendix V1; and 10 CFR 430.32(s)(6) which specifies CFLK energy conservation standards. To align with the revised terms in appendix V1, in 10 CFR 429.33, 10 CFR 430.23(x) and 10 CFR 430.32(s)(6), DOE is proposing to replace the terms “other SSL products” and “integrated SSL circuitry” respectively, with “consumer-replaceable SSL circuitry” and “non-consumer-replaceable SSL circuitry.” DOE is also proposing to explicitly state the term “other SSL light sources with ANSI bases (not integrated LED lamps)” in 10 CFR 429.33 and 10 CFR 430.23(x) to clarify instructions for these lamps.

Manufacturers, including importers, must use product-specific certification templates to certify compliance to DOE. For CFLKs, the certification template reflects the general certification requirements specified at 10 CFR 429.12 and the product-specific requirements specified at 10 CFR 429.33. As discussed in the previous paragraphs, DOE is not proposing to amend the product-specific certification requirements for these products.

In this NOPR, DOE proposes to amend the existing test procedure for CFLKs by (1) updating references to industry standards to their latest versions and incorporating industry standards necessary for executing the test; (2) modifying appendix V1 to allow for the use of a goniophotometer; (3) revising definitions regarding CFLKs with SSL light sources in appendix V1 to clarify the scope and test methods for CFLKs; and (4) removing appendix V, the test procedure that must be used for CFLKs with pin-based sockets that are manufactured on or after January 1, 2007, and prior to January 21, 2020 and renaming appendix V1 as appendix V.

The proposed updates and incorporation of industry standards do not change the method of testing CFLKs, but only make minor changes to certain testing specifications. The changes do not require the purchase of additional equipment or increase test burden, and subsequently do not impact testing costs. The proposed change to allow the use a goniophotometer method is optional and does not require manufacturers to change their current testing methodology, and therefore does not impact testing costs. The proposed revision to definitions regarding CFLKs with SSL light sources only clarifies the scope and test methodology, and therefore does not impact testing costs. Finally, DOE is proposing to remove appendix V because it is obsolete and therefore, its removal does not impact testing costs. DOE has tentatively determined that the amendments proposed in this NOPR would not impact testing costs.

DOE's established practice is to adopt relevant industry standards as DOE test procedures, unless such methodology would be unduly burdensome to conduct or would not produce test results that reflect the energy efficiency, energy use, water use (as specified in EPCA) or estimated operating costs of that product during a representative average use cycle or period of use. Section 8(c) of appendix A of 10 CFR part 430, subpart C. In cases where the industry standard does not meet EPCA statutory criteria for test procedures, DOE will make modifications through the rulemaking process to these standards as the DOE test procedure.

DOE is proposing to update the latest version of several industry test standards referenced in appendix V1. For the electrical and photometric measurement of CFLKs, DOE is proposing to incorporate by reference IES LM-9-20 and IES LM-79-19. For seasoning instructions for CFLKs, DOE is proposing to incorporate IES LM-54-20. For integrated sphere measurements for CFLKs, DOE is proposing to incorporate IES LM-78-20.

The industry standards DOE proposes to incorporate by reference via amendments described in this NOPR are discussed in further detail in section III.B of this document. DOE requests comment on the benefits and burdens of the proposed updates and additions to industry standards referenced in the test procedure for CFLKs.

EPCA prescribes that, if DOE amends a test procedure, all representations of energy efficiency and energy use, including those made on marketing materials and product labels, must be made in accordance with that amended test procedure, beginning 180 days after publication of such a test procedure final rule in the Federal Register . (42 U.S.C. 6293(c)(2))

If DOE were to publish an amended test procedure EPCA provides an allowance for individual manufacturers to petition DOE for an extension of the 180-day period if the manufacturer may experience undue hardship in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an extension, petitions must be filed with DOE no later than 60 days before the end of the 180-day period and must detail how the manufacturer will experience undue hardship. ( Id. )

The Office of Management and Budget (“OMB”) has determined that this test procedure rulemaking does not constitute “significant regulatory actions” under section 3(f) of Executive Order (“E.O.”) 12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this action was not subject to review under the Executive order by the Office of Information and Regulatory Affairs (“OIRA”) in OMB.

The Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) requires preparation of an initial regulatory flexibility analysis (“IRFA”) for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel.

For manufacturers of CFLKs, the Small Business Association (“SBA”) has set a size threshold, which defines those entities classified as “small businesses” for the purposes of the statute. DOE used the SBA's small business size standards to determine whether any small entities would be subject to the requirements of the rule. See 13 CFR part 121. The size standards are listed by the North American Industry Classification System (“NAICS”) code and industry description and are available at www.sba.gov/document/support--table-size-standards. Manufacturing of CFLKs is classified under NAICS 335210, “Small Electrical Appliance Manufacturing.” The SBA sets a threshold of 1,500 employees or less for an entity to be considered as a small business for this category.

To estimate the number of companies that could be small businesses that manufacture CFLKs impacted by this rulemaking, DOE conducted a survey using information from DOE's Compliance Certification Database and previous rulemakings. DOE used information from these sources to create a list of companies that potentially manufacture or sell CFLKs. DOE screened out companies that do not offer products covered by this rulemaking, do not meet the definition of a “small business,” or are foreign owned and operated. DOE determined that 31 companies are small businesses that manufacture CFLKs covered by this rulemaking.

DOE has tentatively concluded that the proposed updates to DOE's test procedure for CFLKs do not involve substantive changes to the test setup and methodology and will not pose any additional test burden or additional test costs for any CFLK manufacturers, large or small.

Therefore, DOE initially concludes that the impacts of the proposed test procedure amendments proposed in this NOPR would not have a “significant economic impact on a substantial number of small entities,” and that the preparation of an IRFA is not warranted. DOE will transmit the certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605(b).

Manufacturers of CFLKs must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including CFLKs. ( See generally 10 CFR part 429.) The collection-of-information requirement for the certification and recordkeeping is subject to review and approval by OMB under the Paperwork Reduction Act (“PRA”). This requirement has been approved by OMB under OMB control number 1910-1400. Public reporting burden for the certification is estimated to average 35 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number.

In this NOPR, DOE proposes test procedure amendments that it expects will be used to develop and implement future energy conservation standards for CFLKs. DOE has determined that this rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ) and DOE's implementing regulations at 10 CFR part 1021. Specifically, DOE has determined that adopting test procedures for measuring energy efficiency of consumer products and industrial equipment is consistent with activities identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6. Accordingly, neither an environmental assessment nor an environmental impact statement is required.

Executive Order 13132, “Federalism,” 64 FR 43255 (Aug. 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE has examined this proposed rule and has determined that it would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this proposed rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive Order 13132.

Regarding the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity, (2) write regulations to minimize litigation, (3) provide a clear legal standard for affected conduct rather than a general standard, and (4) promote simplification and burden reduction. Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation (1) clearly specifies the preemptive effect, if any, (2) clearly specifies any effect on existing Federal law or regulation, (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction, (4) specifies the retroactive effect, if any, (5) adequately defines key terms, and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, the proposed rule meets the relevant standards of Executive Order 12988.

Title II of the Unfunded Mandates Reform Act of 1995 (“UMRA”) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820; also available at www.energy.gov/gc/office-general-counsel. DOE examined this proposed rule according to UMRA and its statement of policy and determined that the rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply.

Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This proposed rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment.

DOE has determined, under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights” 53 FR 8859 (March 18, 1988), that this proposed regulation would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution.

Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving Implementation of the Information Quality Act (April 24, 2019), DOE published updated guidelines which are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has reviewed this proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.

Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that (1) is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.

The proposed regulatory action to amend the test procedure for measuring the energy efficiency of CFLKs is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA. Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects.

Under section 301 of the Department of Energy Organization Act (Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. (15 U.S.C. 788; “FEAA”) Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32(c) requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission (“FTC”) concerning the impact of the commercial or industry standards on competition.

The proposed modifications to the test procedure for CFLKs would incorporate testing methods contained in certain sections of the following commercial standards:

DOE has evaluated these standards and is unable to conclude whether they fully comply with the requirements of section 32(b) of the FEAA ( i.e., whether it was developed in a manner that fully provides for public participation, comment, and review). DOE will consult with both the Attorney General and the Chairman of the FTC concerning the impact of these test procedures on competition, prior to prescribing a final rule.

In this NOPR, DOE proposes to incorporate by reference the test standard published by IES, “ANSI/IES LM-9-20—Approved Method: Electrical and Photometric Measurement of Fluorescent Lamps. IES LM-9-20 is an industry accepted standard that describes methods for taking electrical and photometric measurement of fluorescent lamps. The test procedure proposed in this NOPR references IES LM-9 for testing the performance of fluorescent lamps. IES LM-9 is readily available on IES's website at https://www.ies.org/store.

In this NOPR, DOE proposes to incorporate by reference the test standard published by IES, ANSI/IES LM-79-19—Approved Method: Optical and Electrical Measurements of Solid-State Lighting Products. IES LM-79-19 is an industry accepted standard that describes methods for taking electrical and photometric measurements of SSL products. The test procedure proposed in this NOPR references IES LM-79 for testing of CFLKs with SSL circuitry. IES LM-79 is readily available on IES's website at https://www.ies.org/store.

In this NOPR, DOE proposes to incorporate by reference the test standard published by IES, ANSI/IES LM-54-20—Approved Method: IES Guide to Lamp Seasoning. IES LM-54-20 is an industry accepted test standard that specifies a method for seasoning lamps. The test procedure proposed in this NOPR references IES LM-9 for testing the fluorescent lamps, which in turn references IES LM-54 for seasoning lamps. IES LM-54 is readily available on IES's website at https://www.ies.org/store.

In this NOPR, DOE proposes to incorporate by reference the test standard published by IES, IESNA LM-75-01/R12—Goniophotometer Types and Photometric Coordinates. IESNA LM-75-01/R12 is an industry accepted test standard that specifies goniophotometer types and photometric coordinates. The test procedure proposed in this NOPR references IES LM-79 for testing CFLKs with SSL circuitry, which in turn references IESNA LM-75-01/R12 for general recommendations and requirements on making measurement with goniophotometers. IESNA LM-75-01/R12 is available with the purchase of the lighting library subscription on IES's website at https://www.ies.org/store.

In this NOPR, DOE proposes to incorporate by reference the test standard published by IES, ANSI/IES LM-78-20—Approved Method: Total Luminous Flux Measurement of Lamps Using an Integrating Sphere Photometer. IES LM-78-20 is an industry accepted test standard that specifies a method for measuring lumen output in an integrating sphere. The test procedure proposed in this NOPR references IES LM-9 for testing the performance of fluorescent lamps, which in turn references IES LM-78-20 for integrating sphere photometer calibration and measurements. IES LM-78-20 is readily available on IES's website at https://www.ies.org/store.

In this NOPR, DOE proposes to incorporate by reference the test standard published by IES, IES LM-78-17—Approved Method: Total Flux Measurement of Lamps Using an Integrating Sphere. IES LM-78-17 is an industry accepted test standard that specifies a method for measuring lumen output in an integrating sphere. The test procedure proposed in this NOPR references IES LM-79 for testing CFLKs with SSL circuitry, which in turn references IES LM-78-17 for integrating sphere photometer calibration and measurements. IES LM-78-17 is readily available on IES's website at https://www.ies.org/store.

The time and date of the webinar meeting are listed in the DATES section at the beginning of this document. Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE's website: www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=10. Participants are responsible for ensuring their systems are compatible with the webinar software.

Any person who has an interest in the topics addressed in this document, or who is representative of a group or class of persons that has an interest in these issues, may request an opportunity to make an oral presentation at the webinar. Such persons may submit to ApplianceStandardsQuestions@ee.doe.gov. Persons who wish to speak should include with their request a computer file in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that briefly describes the nature of their interest in this rulemaking and the topics they wish to discuss. Such persons should also provide a daytime telephone number where they can be reached.

Persons requesting to speak should briefly describe the nature of their interest in this rulemaking and provide a telephone number for contact. DOE requests persons selected to make an oral presentation to submit an advance copy of their statements at least two weeks before the webinar. At its discretion, DOE may permit persons who cannot supply an advance copy of their statement to participate, if those persons have made advance alternative arrangements with the Building Technologies Office. As necessary, requests to give an oral presentation should ask for such alternative arrangements.

DOE will designate a DOE official to preside at the webinar/public meeting and may also use a professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type public hearing, but DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A court reporter will be present to record the proceedings and prepare a transcript. DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the webinar/public meeting. There shall not be discussion of proprietary information, costs or prices, market share, or other commercial matters regulated by U.S. anti-trust laws. After the webinar/public meeting and until the end of the comment period, interested parties may submit further comments on the proceedings and any aspect of the rulemaking.

The webinar/public meeting will be conducted in an informal, conference style. DOE will present summaries of comments received before the webinar/public meeting, allow time for prepared general statements by participants, and encourage all interested parties to share their views on issues affecting this rulemaking. Each participant will be allowed to make a general statement (within time limits determined by DOE), before the discussion of specific topics. DOE will permit, as time permits, other participants to comment briefly on any general statements.

At the end of all prepared statements on a topic, DOE will permit participants to clarify their statements briefly. Participants should be prepared to answer questions by DOE and by other participants concerning these issues. DOE representatives may also ask questions of participants concerning other matters relevant to this rulemaking. The official conducting the webinar/public meeting will accept additional comments or questions from those attending, as time permits. The presiding official will announce any further procedural rules or modification of the above procedures that may be needed for the proper conduct of the webinar/public meeting.

A transcript of the webinar/public meeting will be included in the docket, which can be viewed as described in the Docket section at the beginning of this document. In addition, any person may buy a copy of the transcript from the transcribing reporter.

DOE will accept comments, data, and information regarding this proposed rule no later than the date provided in the DATES section at the beginning of this proposed rule. 20 Interested parties may submit comments using any of the methods described in the ADDRESSES section at the beginning of this document.

Submitting comments via www.regulations.gov. The www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment.

However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.

Do not submit to www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (“CBI”)). Comments submitted through www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section.

DOE processes submissions made through www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that www.regulations.gov provides after you have successfully uploaded your comment.

Submitting comments via email. Comments and documents submitted via email also will be posted to www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments

Include contact information each time you submit comments, data, documents, and other information to DOE. No faxes will be accepted.

Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author.

Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time.

Confidential Business Information. Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email two well-marked copies: One copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked non-confidential with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination.

It is DOE's policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure).

Although DOE welcomes comments on any aspect of this proposal, DOE is particularly interested in receiving comments and views of interested parties concerning the following issues:

The Secretary of Energy has approved publication of this notice of proposed rulemaking and announcement of public meeting.

This document of the Department of Energy was signed on March 1, 2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

For the reasons stated in the preamble, DOE is proposing to amend parts 429 and 430 of chapter II of title 10, Code of Federal Regulations as set forth below:

The revision and additions read as follows:

The revision reads as follows:

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would modify the route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System (NAS).

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

Communications should identify both docket numbers (FAA Docket No. FAA-2022-0186; Airspace Docket No. 22-AAL-6) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the internet at https://www.regulations.gov.

Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2022-0186; Airspace Docket No. 22-AAL-6.” The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified comment closing date will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

An electronic copy of this document may be downloaded through the internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.

You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Operations Support Group, Western Service Center, Federal Aviation Administration, 2200 South 216th St., Des Moines, WA 98198.

This document proposes to amend FAA Order JO 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021. FAA Order JO 7400.11F is publicly available as listed in the ADDRESSES section of this document. FAA Order JO 7400.11F lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The aviation industry/users have indicated a desire for the FAA to transition the Alaskan en route navigation structure away from the dependency on NDBs. The advances in technology have allowed for alternate navigation methods to support decommissioning of high cost ground navigation equipment. The FAA has included OSE on their schedule to be decommissioned. A non-rulemaking study was conducted in accordance with FAA Order JO 7400.2, Procedures for Handling Airspace Matters. As a result, the FAA received no objections to its removal.

Colored Federal airways B-7 and G-9 are dependent on OSE and will result in the airways being unusable once decommissioning occurs. Therefore, the FAA is proposing to revoke B-7 and G-9. The proposed revocation of B-7 can be mitigated currently by utilizing VHF Omnidirectional Radar (VOR) Federal airways V-462 and V-350 and in the future the FAA will propose a United States Area Navigation (RNAV) route to overlay the current B-7. The proposed revocation of G-9 is mitigated by VOR Federal airway V-319 and RNAV route T-269 that currently overlay the route.

The FAA is proposing an amendment to 14 CFR part 71 to revoke Colored Federal airways B-7 and G-9 in the vicinity of Bethel, AK due to the decommissioning of OSE.

B-7: B-7 currently navigates between the Cape Newenham, AK, NDB and OSE. The FAA proposes to revoke the route in its entirety.

G-9: G-9 currently navigates between OSE and the Cairn Mountain, AK, NDB. The FAA proposes to revoke the route in its entirety.

Colored Federal airways are published in paragraph 6009(a) and 6009(d) of FAA Order JO 7400.11F dated August 10, 2021 and effective September 15, 2021, which is incorporated by reference in 14 CFR 71.1. The Colored Federal airways listed in this document would be published subsequently in FAA Order JO 7400.11.

FAA Order JO 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, part A, subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would modify the route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System (NAS).

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

Communications should identify both docket numbers (FAA Docket No. FAA-2022-0172; Airspace Docket No. 22-AAL-3) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the internet at https://www.regulations.gov.

Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2022-0172; Airspace Docket No. 22-AAL-3.” The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified comment closing date will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

An electronic copy of this document may be downloaded through the internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.

You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Operations Support Group, Western Service Center, Federal Aviation Administration, 2200 South 216th St., Des Moines, WA 98198.

This document proposes to amend FAA Order JO 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021. FAA Order JO 7400.11F is publicly available as listed in the ADDRESSES section of this document. FAA Order JO 7400.11F lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The aviation industry/users have indicated a desire for the FAA to transition the Alaskan en route navigation structure away from the dependency on NDBs. The advances in technology have allowed for alternate navigation methods to support decommissioning of high cost ground navigation equipment. The FAA has included EAV on their schedule to be decommissioned effective February 23, 2023. A non-rulemaking study was conducted in accordance with FAA Order JO 7400.2, Procedures for Handling Airspace Matters. As a result, the FAA received no objections to its removal.

Colored Federal airways A-5 and B-4 are dependent upon EAV and will result in the airways being unusable once the decommissioning occurs. The FAA is proposing to revoke A-5 and B-4 as a result. The revocation of A-5 is mitigated by United States Area Navigation (RNAV) route T-233 that currently overlays the route. To mitigate the loss of B-4, the FAA has a planned RNAV route T-374.

The FAA is proposing an amendment to 14 CFR part 71 to revoke Colored Federal airways A-5 and B-4 due to the decommissioning of EAV.

A-5: A-5 currently navigates between the Ambler, AK, NDB and the Evansville, AK, NDB. The FAA proposes to revoke the route in its entirety.

B-4: B-4 currently navigates between the Utopia Creek, AK, NDB via the Evansville, AK, NDB to the Yukon River, AK, NDB. The FAA proposes to revoke the route in its entirety.

Colored Federal airways are published in paragraph 6009(c) and 6009(d) of FAA Order JO 7400.11F dated August 10, 2021 and effective September 15, 2021, which is incorporated by reference in 14 CFR 71.1. The Colored Federal airways listed in this document would be published subsequently in FAA Order JO 7400.11.

FAA Order JO 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, part A, subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would expand the availability of RNAV in Alaska and improve the efficient flow of air traffic within the National Airspace System (NAS) by lessoning the dependency on ground based navigation.

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

Communications should identify both docket numbers (FAA Docket No. FAA-2022-0197; Airspace Docket No. 21-AAL-17) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the internet at https://www.regulations.gov.

Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2022-0197; Airspace Docket No. 21-AAL-17.” The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified comment closing date will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

An electronic copy of this document may be downloaded through the internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.

You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 2200 South 216th St., Des Moines, WA 98198.

This document proposes to amend FAA Order JO 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021. FAA Order JO 7400.11F is publicly available as listed in the ADDRESSES section of this document. FAA Order JO 7400.11F lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

In 2003, Congress enacted the Vision 100—Century of Aviation Reauthorization Act (Pub L. 108-176), which established a joint planning and development office in the FAA to manage the work related to the Next Generation Air Transportation System (NextGen). Today, NextGen is an ongoing FAA-led modernization of the nation's air transportation system to make flying safer, more efficient, and more predictable.

In support of NextGen, this proposal is part of a larger and comprehensive T-route modernization project in the state of Alaska. The project mission statement states: “To modernize Alaska's Air Traffic Service route structure using satellite based navigation Development of new T-routes and optimization of existing T-routes will enhance safety, increase efficiency and access, and will provide enroute continuity that is not subject to the restrictions associated with ground based airway navigation.” As part of this project, the FAA evaluated the existing Colored airway structure for: (a) Direct replacement ( i.e., overlay) with a T-route that offers a similar or lower Minimum Enroute Altitude (MEA) or Global Navigation Satellite System Minimum Enroute Altitude (GNSS MEA); (b) the replacement of the Colored airway with a T-route in an optimized but similar geographic area, while retaining similar or lower MEA; or (c) removal with no route structure (T-route) restored in that area because the value was determined to be insignificant.

The aviation industry/users have indicated a desire for the FAA to transition the Alaskan en route navigation structure away from dependency on Non-Directional Beacons (NDB), and move to develop and improve the RNAV route structure. To ensure proper connectivity to associated routes, the FAA has been developing waypoints (WP) to allow a smoother transition between airways. RNAV route T-226 requires WUTGA, AK, WP, to connect it to a future proposed route, T-386. While reviewing T-226, the FAA determined that the legal description contained in the FAA Order JO 7400.11F included WPs, FIDAL; ROBES; KLUNG; DOZEY; PAXON; DONEL; and HEXAX, that were not required since they are not considered turn points. In order to provide consistency throughout the Order, the FAA proposes to correct the legal description to follow the format provided in FAA Order JO 7400.2N, Procedures for Handling Airspace Matters. The proposal would also omit the connection point WUTGA, AK, WP, since it is not a turn point.

The FAA is proposing an amendment to 14 CFR part 71 to amend RNAV route T-226 in the vicinity of Central, AK in support of a large comprehensive T-route modernization project for the state of Alaska. The proposed amendment is described below.

T-226: The FAA proposes to correct the legal description contained in the FAA Order JO 7400.11F by removing the Fixes that are not considered turn points. Those include: FIDAL; ROBES; KLUNG; DOZEY; PAXON; DONEL; and HEXAX. The rest of the route would remain unchanged.

United States Area Navigation Routes are published in paragraph 6011 of FAA Order JO 7400.11F dated August 10, 2021 and effective September 15, 2021, which is incorporated by reference in 14 CFR 71.1. The RNAV route listed in this document would be published subsequently in FAA Order JO 7400.11.

FAA Order JO 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

In FR Doc. 2022-04489 appearing at 87 FR 12003 in the Federal Register of Thursday, March 3, 2022, on page 12003, at the top of the second column, change the subject heading to read [Petition for Rulemaking of NetChoice et al.] as set forth above. The initial subject heading of [Petition for Rulemaking of Institute for Policy Integrity] was incorrect.

Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:

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 X 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 X RACT requirements for the Illinois portion of the Chicago area under the 2008 ozone NAAQS. This NO X 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 X emissions in the area would not contribute to attainment of the 2008 ozone NAAQS.

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.

Section 107(d)(3)(E) of the CAA allows redesignation of an area to attainment of the NAAQS provided that: (1) The Administrator (EPA) determines that the area has attained the NAAQS; (2) the Administrator has fully approved the applicable implementation plan for the area under section 110(k) of the CAA; (3) the Administrator determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable SIP, applicable Federal air pollutant control regulations, and other permanent and enforceable emission reductions; (4) the Administrator has fully approved a maintenance plan for the area as meeting the requirements of section 175A of the CAA; and (5) the state containing the area has met all requirements applicable to the area for the purposes of redesignation under section 110 and part D of the CAA.

On April 16, 1992, EPA provided guidance on redesignations in the General Preamble for the Implementation of Title I of the CAA Amendments of 1990 (57 FR 13498) (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:

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.

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.

The Chicago area's 3-year ozone design value for 2019-2021 is 0.075 ppm, 2 which meets the 2008 ozone NAAQS. Therefore, in today's action, EPA proposes to determine that the Illinois portion of the Chicago area is attaining the 2008 ozone NAAQS.

EPA will not take final action to determine that the Illinois portion of the Chicago area is attaining the NAAQS, nor to approve the redesignation of the Illinois portion of the Chicago area, if the design value of a monitoring site in the area violates the NAAQS after proposal but prior to final approval of the redesignation. As discussed in section IV.D.3. below, Illinois has committed to continue monitoring ozone in this area to verify maintenance of the 2008 ozone NAAQS.

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 X 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 X 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”).

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 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 X 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

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.

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, 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.

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).

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 X 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.

Section 182(a)(1) requires states to submit a comprehensive, accurate, and current inventory of actual emissions from sources of VOC and NO X 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 X 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 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 X 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 X 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 X requirements for ozone nonattainment areas. Section 182(f)(1) generally requires major sources of NO X 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 X RACT rules. Section 182(f)(1) of the CAA, however, also provides that the requirement for such NO X 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 X emission reductions. The NO X emission control requirements can also be waived if the Administrator determines that additional reductions of NO X emissions would not contribute to attainment of the ozone NAAQS.

On January 25, 2022, Illinois requested a waiver from NO X 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 X 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 X 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 X 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).

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 X 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.

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 X budgets and annual sulfur dioxide (SO 2 ) budgets (70 FR 25152). CAIR addressed the good neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate matter (PM 2.5 ) NAAQS and was designed to mitigate the impact of transported NO X emissions, a precursor of both ozone and PM 2.5 , as well as transported SO 2 emissions, another precursor of PM 2.5 . The United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanded CAIR to EPA for replacement in 2008. North Carolina v. EPA, 531 F.3d 896, modified, 550 F.3d 1176 (2008). While EPA worked on developing a replacement rule, implementation of the CAIR program continued as planned with the NO X annual and ozone season programs beginning in 2009 and the SO 2 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 2.5 NAAQS, and the 2006 PM 2.5 NAAQS. Through Federal Implementation Plans, CSAPR required electric generating units (EGUs) in eastern states, including Illinois, to meet annual and ozone season NO X budgets and annual SO 2 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 X 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 X emissions from EGUs in the eastern United States, a reduction of 80,000 tons in 2017 compared to 2015 levels. The reduction in NO X emissions from the implementation of CAIR and then CSAPR occurred by the attainment years and additional emission reductions will occur throughout the maintenance period.

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.

Reductions in VOC and NO X 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 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 X and for particulate matter (PM). The VOC and NO X 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 X 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 X , 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 X and VOC emissions. EPA has estimated future year emission reductions due to implementation of this rule. Nationally, EPA estimated that by 2015 NO X and VOC emissions would decrease by 1,260,000 tons and 54,000 tons, respectively. Nationally, EPA estimated that by 2030 NO X 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 X 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 X 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 X 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 X 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.

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 X 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 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 X emissions from 2011 to 2019 for the Illinois portion area. Emissions data are shown in Tables 2 and 3.

As shown in Table 2 and 3, NO X and VOC emissions in the Illinois portion declined by 240.53 tons/day and 25.21 tons/day, respectively, between 2011 and 2019. NO X and VOC emissions throughout the entire Chicago area declined by 304.23 tons/day and 54.03 tons/day, respectively, between 2011 and 2019.

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 X 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.

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 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.

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 X . 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.

Illinois has demonstrated maintenance of the 2008 ozone NAAQS through 2035 by ensuring that current and future emissions of VOC and NO X for the Illinois portion of the Chicago area remain at or below attainment year emission levels. A maintenance demonstration need not be based on modeling. 5 See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May 12, 2003).

Illinois is using emissions inventories for the years 2030 and 2035 to demonstrate maintenance. 2035 is more than 10 years after the expected effective date of the redesignation to attainment and 2030 was selected to demonstrate that emissions are not expected to spike in the interim between the attainment year and the final maintenance year. The emissions inventories were developed as described below.

Illinois calculated emissions for point and area source categories, along with non-road categories not calculated by the MOVES model, using the NODA. This data set projects 2011 emissions to 2019 and 2035.

Emissions presented in the NODA are expressed in tons/year. Growth factors for the applicable year (2030 or 2035) were calculated by taking the ratio of the future year to the base year. Illinois had already calculated daily emissions for the 2019 attainment inventory, so to calculate emissions for the future years, Illinois multiplied the 2019 emissions by the applicable growth factor. Illinois' 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.

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 X and VOC will remain at or below 2019 emission levels when considering both future source growth and implementation of future controls. The NO X 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 X and VOC emissions in the entire Chicago area are projected to decrease by 98.40 tons/day and 46.98 tons/day respectively between 2019 and 2035.

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.

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.

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 X 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 X emissions inventories every three years for the duration of the Maintenance Plan to facilitate the emissions trends analysis. If a Level I response is triggered, Illinois will coordinate with LADCO and other Lake Michigan states to evaluate the causes of high ozone levels or the emissions trends and to determine if control measures are needed to ensure continued attainment of ozone NAAQS. Under Level I, measures that could be implemented in a short time would be selected, if any are deemed necessary, to be in place quickly after the Illinois EPA becomes aware that corrective measures have been triggered. Control measures selected under Level I will be adopted in most cases within 18 months after a determination is made, and implemented, generally, within 24 months of adoption.

A Level II response would be triggered if a violation of the ozone NAAQS occurs at a monitoring site within the Chicago maintenance area. In order to select appropriate corrective measures, Illinois will work with LADCO and other Lake Michigan states to conduct a comprehensive study to determine the causes of the violation and the control measures necessary to mitigate the problem. The analysis will examine the following factors: The number, location, and severity of the ambient ozone concentrations; the weather patterns contributing to ozone levels; potential contributing emissions sources; the geographic applicability of possible contingency measures; emissions trends, including timeliness of implementation of scheduled control measures; current and recently identified control technologies; and air quality contributions from outside the maintenance area. Implementation of necessary controls in response to a Level II trigger will take place as expeditiously as possible, but no later than 18 months after Illinois determines, based on quality-assured ambient data, that a violation of the NAAQS has occurred. Illinois will select contingency measures from the following list, or Illinois will implement other measures deemed appropriate and effective at the time the selection is made. However, Illinois is not limited to the measures on this list:

Point Source Measures—Broader geographic applicability of existing measures, if determined to be an issue;

• Oil and Gas Sector Emission Guidelines, once finalized by EPA;

• Revisions to Illinois NO X state rules for boilers and engines.

• Implementation of OTC model rules for above ground storage tanks;

• Regulations on the Sale of Aftermarket Catalytic Converters

• Current California Commercial and Consumer Products—Aerosol Adhesive Coatings, Dual Purpose Air Freshener/Disinfectant, etc.

• Regulations on Small Off-Road Engines (“SORE”).

To qualify as a contingency measure, emissions reductions from that measure must not be factored into the emissions projections used in the maintenance plan.

EPA has concluded that Illinois' maintenance plan adequately addresses the five basic components of a maintenance plan: Attainment inventory, maintenance demonstration, monitoring network, verification of continued attainment, and a contingency plan. In addition, as required by section 175A(b) of the CAA, Illinois has committed to submit to EPA an updated ozone maintenance plan eight years after redesignation of the Illinois portion of the Chicago area to cover an additional ten years beyond the initial 10-year maintenance period. Thus, EPA finds that the maintenance plan SIP revision submitted by Illinois for the Chicago area meets the requirements of section 175A of the CAA and EPA proposes to approve it as a revision to the Illinois SIP.

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 X 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 X 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.

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

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 X 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 X 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.

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 X 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.

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.

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 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.

CAA section 182(c)(3) requires states with ozone nonattainment areas classified as serious or higher to implement an enhanced vehicle I/M program. The general purpose of motor vehicle I/M programs is to reduce emissions from in-use motor vehicles in need of repairs and thereby contribute to state and local efforts to improve air quality and to attain the NAAQS. The Illinois I/M program has been in operation since 1984. It was originally implemented in accordance with the 1977 CAA Amendments and operated in the eight counties of Cook, Lake, DuPage, McHenry, Kane, Will, Grundy (2 townships), and Kendall (1 township). Vehicles were originally tested by measuring tailpipe emissions using a steady-state idle test. Tampering inspections were added in 1989.

The 1990 CAA Amendments set additional requirements for I/M programs. For moderate areas, a “basic” program was required under section 182(b)(4). For serious or worse areas, an “enhanced” program was required under section 182(c)(3). EPA's requirements for basic and enhanced I/M programs are found in 40 CFR part 51, subpart S.

Illinois' I/M program transitioned to an enhanced program in December 1995. The major enhancement involved adding new test procedures to more effectively identify high-emitting vehicles. These new test procedures included a transient emissions test in which tailpipe emissions were measured while the vehicle was driven on a dynamometer (a treadmill-type device). Improving repairs and public convenience were also major focuses of the enhancement effort.

Since July of 2001, all model year (MY) 1996 and later cars and light trucks have been inspected by scanning the vehicle's computerized second-generation on-board diagnostic (OBD) system instead of measuring tailpipe emissions. As of July 2008, the program dropped tailpipe testing entirely and has inspected all vehicles by scanning the OBD system. This change was the result of statutory changes in the State's 2007-2009 biennial budget which exempted model years of vehicles not federally required to be equipped with this OBD technology (MY 1995 and earlier cars and light trucks and MY 2006 and earlier heavy trucks).

EPA fully approved the Illinois enhanced I/M program on February 22, 1999 (64 FR 8517) and on August 13, 2014 (79 FR 47377). Illinois' I/M program was revised and approved on August 13, 2014 (79 FR 47377). The revisions to Illinois' I/M program included a demonstration under section 110(l) of the CAA addressing lost emission reductions associated with the program changes.

The legal authority and administrative requirements for the Illinois I/M program are found in 625 ILCS 5/13C (Illinois Vehicle Emission Inspection Law of 2005); 35 Ill. Adm. Code 240 (Emissions Standard and Limitations for Mobile Source); and 35 Ill. Adm. Code 276 (Procedures to be followed in the performance of inspections of Motor Vehicle Emissions).

To support their certification of the enhanced I/M program, Illinois submitted a modeling demonstration with EPA's enhanced performance standard for areas designated and classified under the 8-hour ozone standard, as specified in 40 CFR 51.351(i). Illinois used the most recent version of EPA's mobile source emissions model, MOVES3.0.2 (released in September 2021), for the analysis. This modeling was conducted in accordance with EPA's technical guidance: Performance Standard Modeling for New and Existing Vehicle Inspection and Maintenance (I/M) Programs Using the MOVES Mobile Source Emissions Model, EPA-420-B-14-006, January 2014, and MOVES3 Technical Guidance: Using MOVES to Prepare Emission Inventories for State Implementation Plans and Transportation Conformity, EPA-420-B-20-052, November 2020.

The performance standard modeling analysis involves a comparison of emission reductions from EPA's model program specified in 40 CFR 51.351(i) and Illinois' actual program in the eight counties of Cook, Lake, DuPage, McHenry, Kane, Will, Grundy (2 townships), and Kendall (1 township).

To demonstrate that an enhanced I/M program meets the performance standard, the actual I/M program must obtain the same or lower emissions levels as the EPA model program within ±0.02 gram per mile. Illinois' I/M performance analysis shows that Illinois' I/M program achieves emission reductions at least as great as this criterion. Illinois' demonstration supports its certification that the current I/M program meets the applicable enhanced I/M performance standard requirements in 40 CFR part 51, subpart S in all areas in which the program is implemented for the 2008 ozone NAAQS.

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. 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.

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 X , 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.

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 X provisions over that 3-year period. Where the NO X requirements were not implemented over that 3-year period, the section 182(f) language is met since “additional” reductions of NO X would not contribute to attainment. That is, since attainment has already occurred, additional NO X reductions could not improve the area's attainment status and, therefore, the NO X 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 X exemption.

Specifically, Illinois requested to exempt major stationary sources of NO X (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 X RACT requirements, as specified in section 182(f)(1)(A) of the CAA. Upon final approval of the NO X waiver, Illinois will not be required to adopt and implement NO X 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 X waiver.

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 X 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 X 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.

Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

• Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on tribes, impact any existing sources of air pollution on tribal lands, nor impair the maintenance of ozone national ambient air quality standards in tribal lands.