[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22640]


[[Page Unknown]]

[Federal Register: September 13, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL63-1-5716a; FRL-5070-9]

 

Approval and Promulgation of Implementation Plan; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) 
approves Illinois' 1990 base year ozone precursor emission inventories 
for certain ozone nonattainment areas as revisions to the Illinois 
ozone State Implementation Plan (SIP). The emission inventories were 
submitted by the State of Illinois to satisfy a Federal requirement 
that States containing ozone nonattainment areas submit inventories of 
actual ozone precursor emissions in accordance with USEPA guidance. The 
ozone nonattainment areas covered by the emission inventories addressed 
in this rulemaking are: Chicago (Cook, DuPage, Kane, Lake, McHenry, and 
Will Counties, Aux Sable and Goose Lake Townships in Grundy County, and 
Oswego Township in Kendall County); Metro-East St. Louis (Madison, 
Monroe, and St. Clair Counties); and Jersey County. In the proposed 
rules section of this Federal Register, USEPA is proposing approval of 
and soliciting public comment on this requested SIP revision. If 
adverse comments are received on this direct final rule, USEPA will 
withdraw this final rule and address the comments received in response 
to this final rule in a final rule on the related proposed rule which 
is being published in the proposed rules section of this Federal 
Register.

DATES: This final rule will be effective November 14, 1994 unless an 
adverse comment is received by October 13, 1994. If the effective date 
of this action is delayed due to adverse comments, timely notice will 
be published in the Federal Register.

ADDRESSES: Written comments can be mailed to: J. Elmer Bortzer, Chief, 
Regulation Development Section (AR-18J), Regulation Development Branch, 
Air and Radiation Division, United States Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the SIP revision and USEPA's analyses are available for 
inspection at the following address: (It is recommended that you 
telephone Edward Doty at (312) 886-6057 before visiting the Region 5 
office.) United States Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Regulation Development 
Section (AR-18J), Regulation Development Branch, Air and Radiation 
Division, United States Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6057.

SUPPLEMENTARY INFORMATION:

I. Emission Inventory Policy and Guidelines

    Under the Clean Air Act (Act), as amended in 1990 (amended Act), 
States have the responsibility to inventory emissions contributing to 
the violation of National Ambient Air Quality Standard (NAAQS), to 
track these emissions over time, and to ensure that control strategies 
are implemented to reduce the emissions and move the areas towards 
attainment of the NAAQS. States containing ozone nonattainment areas 
are required, under section 182(a)(1) of the amended Act, to submit by 
November 15, 1992, a comprehensive, accurate and current inventory of 
actual ozone precursor emissions (emissions of Volatile Organic 
Compounds (VOC), Oxides of Nitrogen (NOX), and Carbon Monoxide 
(CO)) for each ozone nonattainment area. This inventory must include 
base year (1990) emissions from point, area, on-road mobile, and non-
road mobile anthropogenic (man-made) sources and biogenic (natural or 
plant generated) sources in the ozone nonattainment area(s) and the 
ozone precursor emissions from major stationary source (with VOC, 
NOX, or CO emissions equal to or exceeding 100 tons per year) 
located within 25 miles of the nonattainment area(s). The emissions 
inventory must be established for the peak ozone season (those months 
when peak hourly ozone concentrations occur in excess of the primary 
ozone NAAQS, generally June through August in Illinois) and must 
represent typical weekday emissions. Available guidance for preparing 
and reviewing the emission inventories is provided in the General 
Preamble to title I of the Act. See 57 FR 13498 (April 16, 1992). 
Additional guidance is identified in the Technical Support Document 
(TSD) for this rulemaking.
    The amended Act also requires States with ozone nonattainment areas 
classified as moderate, serious, severe, or extreme to submit a plan by 
November 15, 1993 to reduce VOC emissions by 15 percent by November 15, 
1996. The baseline level of emissions, from which the 15 percent 
reduction is calculated, is determined by adjusting the base year 
emissions inventory to exclude biogenic emissions and certain emission 
reductions not creditable toward the 15 percent Reasonable Further 
Progress (RFP) requirement. The 1990 base year emissions inventory is 
the primary emissions inventory from which the RFP projection 
inventory, future period inventories, and attainment demonstration 
modeling inventories are derived. Further information on these 
inventories and their purposes can be found in the ``Emission Inventory 
Requirements for Ozone State Implementation Plans,'' U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, 
Research Triangle Park, North Carolina, March 1991.
    As a primary tool for the review of the quality of emission 
inventory submittals, the USEPA has developed three levels (I, II, and 
III) of emission inventory quality assurance review checklists. The 
Level I and II reviews are used to determine that all required 
components of the base year emission inventory and its associated 
documentation are present. These reviews also evaluate the level of 
quality of the supporting documentation and the data provided by the 
State and assess whether the emission estimates were developed 
according to current USEPA guidance. The Level III review evaluates 10 
crucial aspects and the overall acceptability of the emission inventory 
submittal. Failure to meet one of these crucial aspects would lead to 
disapproval of the emission inventory submittal. The 10 crucial aspects 
of the emission inventory submittal are:

    1. An Inventory Preparation Plan (IPP) must be submitted by the 
State and approved by the USEPA. In addition, a Quality Assurance 
(QA) plan contained within the IPP must have been implemented and 
documented.
    2. The emission inventory submittal must contain adequate 
documentation showing the procedures and input data used and the 
input data sources.
    3. The point source portion of the inventory must be complete.
    4. The point source emissions must have been prepared or 
calculated in accordance with current USEPA guidance.
    5. The area source portion of the inventory must be complete.
    6. The area source emissions must have been calculated in 
accordance with current USEPA policy.
    7. The biogenic emissions must have been calculated using 
USEPA's PC-Biogenic Emissions Inventory System (PC-BEIS) or other 
equivalent technique in accordance with current USEPA guidance.
    8. The Vehicle Miles Travelled (VMT) estimates used in the 
calculation of on-road mobile source emissions must have been 
adequately documented in the inventory submittal.
    9. The MOBILE emission factor model must have been correctly 
applied to produce emission factors for each of the vehicle classes.
    10. Non-road mobile source emissions must have been prepared in 
accordance with current USEPA guidance for all of the non-road 
mobile source categories.

Detailed Level I and II review procedures and questions may be found in 
the ``Quality Review Guidelines for 1990 Base Year Emission 
Inventories,'' United States Environmental Protection Agency, Office of 
Air Quality Planning and Standards, Research Triangle Park, North 
Carolina, July 1992. Level III criteria are specified in a memorandum 
from David Mobley, Emission Inventory Branch, Office of Air Quality 
Planning and Standards, USEPA, to the Chief of the Regulation 
Development Branch, Region V, et al., titled ``Final Emission Inventory 
Level III Acceptance Criteria,'' October 7, 1992.
    The Act requires States to observe certain procedural requirements 
in development and submitting SIP revisions, including the base year 
emissions inventory submittal. Section 110(a)(2) of the Act provides 
that each SIP revision submitted by the State must be adopted after 
reasonable notice and public hearing. Final approval of the emissions 
inventory would not occur until the State revises the emissions 
inventory to address public comments. Future changes to the base year 
emission inventory (due to previously missed sources or to corrected 
source emission factors or activity levels) that impact the 15 percent 
RFP calculations or the demonstration of attainment or that require a 
revised emission control strategy will be required to be addressed in a 
SIP revision.

II. Illinois' Emission Inventory Submittals

    On November 12, 1993, the Illinois Environmental Protection Agency 
(IEPA) submitted the final, adopted base year ozone precursor emission 
inventories for the Chicago, Metro-East St. Louis (the Illinois portion 
of the St. Louis/Metro-East St. Louis ozone nonattainment area), and 
Jersey County ozone nonattainment areas. The emission inventory 
submittals cover the emissions of VOC, NOX, and CO for each of the 
ozone nonattainment areas as well as the emissions from major 
stationary sources located within 25 miles of the ozone nonattainment 
areas.
    Prior to developing the base year emission inventories, the IEPA 
developed an IPP as required by the USEPA. This IPP outlined the 
procedures that would be followed in preparing and documenting the 
emission inventories and defined the QA procedures that would be used 
to assure the accuracy and completeness of the emission inventories. 
The IPP was submitted to the USEPA in March 1992, and was approved by 
the USEPA in May 1992.
    Emissions contained in the emission inventories cover the general 
source categories of stationary point sources (or simply point 
sources), area sources, on-road mobile sources, off-road mobile 
sources, and biogenic sources. Emission inventory summary tables in the 
submittals include more detailed source category breakdowns as 
requested by the USEPA. All emission summaries were accompanied by 
documentation covering the sources and values of input data and by 
sample calculations.
    To determine point source emissions, the IEPA used permit-based 
data from the State's Emission Inventory System (EIS) for all process 
emission sources in the ozone nonattainment areas and for major sources 
located within 25 miles of the ozone nonattainment areas. This data 
base provided current documentation of the facility-specific and source 
type-specific emissions for all facilities with VOC, NOX, or CO 
emissions to an accuracy of 0.1 pounds per hour. Data obtained from the 
EIS were cross-referenced with data from other databases, such as 
USEPA's Toxic Release Information System (TRIS) and the Illinois 
Manufacturers Directory to assure data accuracy and completeness of 
source coverage. Potentially missing sources were identified and were 
contacted concerning their ozone precursor emissions.
    The point source portions of the emission inventories contain 
detailed facility-specific emission listings at the source segment 
level as well as facility emission totals. All facilities emitting VOC, 
NOX, or CO at an actual rate of 10 tons per year or more are 
covered in the point source emission listings (many facilities with 
lower emissions are also included). Emissions were calculated using 
techniques outlined in the approved IPP and included the use of 
emission factors obtained from stack tests, the AP-42 Compilation of 
Air Pollution Emission Factors, and other publications containing 
current emission factors.
    The point source inventory detailed listings identify the emission 
factors, source activity levels or throughputs, operating schedules, 
and control equipment efficiencies used for each facility and source 
segment. All emissions were adjusted in the facility emission totals to 
reflect weekday emissions for the June through August period. Where 
covered by emission controls, total facility emissions were adjusted to 
account for rule effectiveness and rule penetration. Sources subject to 
controls with emission control efficiencies equal to or greater than 95 
percent were covered by facility-specific rule effectiveness studies. 
For these facilities, rule effectiveness values determined through the 
studies were applied to the facility emissions. For those facilities 
with emission control efficiencies equal to or greater than 95 percent 
but not covered specifically in the rule effectiveness studies, a 
median rule effectiveness level of 92.1 percent was assumed. For all 
other facilities, a default rule effectiveness of 80 percent was 
assumed. Using guideline emission profiles, the State has adjusted 
emissions to exclude compounds considered by the USEPA to be 
nonreactive.
    Area source emissions were calculated using a variety of 
information sources and guidance from the USEPA. Where appropriate, 
point source emissions have been subtracted from the calculated area 
source emissions to account for source coverage overlap between the 
point source emissions and the area source emissions and to avoid 
double counting of emissions. For all source categories covered by 
emission control regulations, the IEPA has assumed a rule effectiveness 
level of 80 percent where sources are covered by emission control 
regulations.
    To estimate the area source emissions, the IEPA primarily relied on 
the USEPA guidance documents, Procedures for the Preparation of 
Emission Inventories for Carbon Monoxide and Precursors of Ozone, 
Volumes I and II, EPA-450/4-91-016 and EPA-450/4-91-014, May 1991. The 
documentation of the area source emissions covers the techniques used 
for each source category. Sample calculations are given for each source 
category and input data are documented for each source category by 
county. The data are well documented in both hard copy and in computer 
data files submitted as additional documentation.
    On-road mobile source emissions were calculated using USEPA's 
Procedures for Emission Inventory Preparation, Volume IV: Mobile 
Sources and USEPA's MOBILE5a emission factor model. Weekday average 
Vehicle Miles Travelled (VMT) and speed data by roadway link were 
obtained by the IEPA from the Chicago Area Transportation Study (CATS) 
for the Chicago urban area and from the East-West Gateway Coordinating 
Council (EWGCC) for the Metro-East St. Louis urban area. These VMT and 
speed data were produced by the application of transportation models in 
these urban areas. The Illinois Department of Transportation (IDOT) 
provided VMT data by county and roadway type for the roadways outside 
of the urban areas and for roadways in the urban areas not covered by 
the transportation models. The VMT data have been quality assured by 
comparison of modelled roadway link traffic levels with current traffic 
counts (the IDOT VMT estimates were derived directly from current 
traffic counts). All VMT data supplied by CATS, EWGCC, and IDOT were 
adjusted, based on monthly traffic data, to reflect VMT levels during 
the peak ozone season. To determine speeds for roadways not covered by 
the CATS and EWGCC urban transportation models, the IEPA developed 
tables of speeds by roadway type based on the averages of speeds by 
roadway types derived in the CATS and EWGCC urban transportation 
models. Speeds for both congested periods and for noncongested periods 
were considered in the calculation of average day emission levels. The 
IEPA, based on hourly averaged traffic data, assumed that 75 percent of 
the daily VMT occurred at congested period speeds and that 25 percent 
of the daily VMT occurred during noncongested periods. It should be 
noted that the vehicle speeds were generated by the traffic models 
rather than generated independently as inputs to the traffic models. 
The IEPA has reviewed the speed assignments by roadway type and county 
and asserts that the speeds generated by the model are conceptually 
sound and are viewed as being quality assured.
    The IEPA used the modelled VMT and speed data along with other 
area-specific data, such as the areas' representative vehicle type 
distribution based on vehicle registration data, and default data and 
USEPA's MOBILE5a model to estimate the on-road mobile source emissions. 
These emission estimates were adjusted to account for the impacts of 
vehicle Inspection and Maintenance (I/M) and the average minimum and 
maximum daily temperatures on the ten highest ozone days in each ozone 
nonattainment area. All input data used in the MOBILE5a modeling were 
described and documented in the emission inventory submittals.
    Off-road mobile source emissions for railroad locomotives were 
based on the annual amount of fuel oil used by locomotives in the ozone 
nonattainment areas and AP-42 emission factors. County fuel oil usage 
rates were calculated by apportioning State total fuel oil usage based 
county track mileage. To calculate daily emission rates, locomotive 
usage was assumed to be uniform throughout the year and occurring over 
6\1/2\ days per week. VOC emissions were multiplied by 0.98 to remove 
the emissions of methane.
    Off-road mobile source emissions for aircraft were based on 
landing/takeoff rates for O'Hare and Midway Airports in the Chicago 
area accounting for the number and types of engines for each type of 
plane. Emissions by engine type were obtained from current Federal 
Aviation Administration (FAA) reports. Emissions for all other airports 
were determined considering annual operations (a landing or a takeoff) 
for each airport (landing/takeoff rates are assumed to equal one-half 
the number of annual operations). For these airports, annual emissions 
were determined using the derived landing/takeoff rates and default 
emission factors obtained from FAA reports. All aircraft emissions, 
calculated on an annual basis, were converted to daily emissions 
assuming uniform operations throughout the year and throughout the 
week.
    Off-road mobile source emissions for commercial vessels were 
determined by considering distillate and residual fuel oil sales data 
and vessel movement data combined with AP-42 emission factors. 
Emissions were apportioned to counties by considering the county 
mileage of navigable waterways and tonnage of shipments.
    Off-road mobile source emissions for all other off-road mobile 
source categories were determined as part of an USEPA off-road emission 
study. This 1991 study directly supplied emissions for the Chicago and 
St. Louis/Metro-East St. Louis ozone nonattainment areas. Off-road 
mobile source emissions for Jersey County were derived from the 1991 
USEPA study by proportioning the study derived emissions for the St. 
Louis area to Jersey County on the basis of population ratios and other 
source activity levels.
    Biogenic emissions for all three areas were determined using 
USEPA's PC-BEIS biogenic emissions calculation model. Information on 
land use, an input to the model, was obtained from several sources. 
Agricultural data for 1990 was obtained from the 1991 Illinois 
Agricultural Statistics. Information on the amount of land covered by 
forests was found in Forest Resources in Illinois: An Atlas and 
Analysis of Spatial and Temporal Trends. The area of water for each 
county was obtained from the 1987 Inventory of Illinois Surface Water 
Resources. Other land use data were taken from the database supplied 
with the PC-BEIS model. Meteorological data used with PC-BEIS were 
determined by following USEPA guidance on the use of PC-BEIS and 
considering the ten days (1988 through 1990) with the highest peak 
hourly ozone concentrations in each ozone nonattainment area. The 
representative day (from a meteorological standpoint) was selected as 
the day with the fourth highest daily maximum ozone concentration for 
each ozone nonattainment area. All data considered in the modeling of 
biogenic emissions were documented in the emission inventory submittals 
and included in associated computer-based data files.
    The emissions in units of tons/day for an average summer weekday 
are summarized for each ozone nonattainment area below: 

                    Chicago Ozone Nonattainment Area                    
------------------------------------------------------------------------
              Source type                   VOC         CO        NOX   
------------------------------------------------------------------------
Point Sources..........................     313.05     704.06     263.42
Area Sources...........................     268.01      22.46      23.83
On-Road Mobile Sources.................     491.22    2924.41     540.26
Off-Road Mobile Sources................     144.28    1086.60     167.51
Biogenic Sources.......................     109.81       N.A.       N.A.
                                        --------------------------------
    Totals.............................    1326.37    4737.53    995.02 
------------------------------------------------------------------------


              Metro-East St. Louis Ozone Nonattainment Area             
------------------------------------------------------------------------
            Source category                 VOC         CO        NOX   
------------------------------------------------------------------------
Point Sources..........................      74.05     113.93      95.85
Area Sources...........................      33.84       3.46       1.66
On-Road Mobile Sources.................      43.27     281.89      45.13
Off-Road Mobile Sources................      23.49     108.20      23.99
Biogenic Sources.......................      53.59       N.A.       N.A.
                                        --------------------------------
    Totals.............................     228.24     507.48     166.63
------------------------------------------------------------------------


                              Jersey County                             
------------------------------------------------------------------------
            Source category                 VOC         CO        NOX   
------------------------------------------------------------------------
Point Sources..........................       0.08       0.00       0.00
Area Sources...........................       2.79       0.56       0.06
On-Road Mobile Sources.................       1.51       9.74       1.50
Off-Road Mobile Sources................       1.41       5.93       2.76
Biogenic Sources.......................      14.65       N.A.       N.A.
                                        --------------------------------
    Totals.............................      20.44      16.23       4.32
------------------------------------------------------------------------

III. Final Rulemaking Action

    The USEPA has conducted Level I, II, and III quality assurance 
reviews of the Illinois emission inventory submittals and has concluded 
that the State of Illinois has met the requirements of section 
182(a)(1) of the Act by submitting an ozone precursor emission 
inventory that includes comprehensive, accurate, and current actual 
emissions from all identified sources in the subject ozone 
nonattainment areas. In particular, the Illinois submittals meet the 10 
crucial criteria contained in the Level III quality assurance review. 
The emissions inventory is, therefore, approved for incorporation in 
the SIP as satisfying the requirements of section 182(a)(1) of the 
amended Act. This approved SIP revision and the emission levels 
contained within it will form the basis for subsequent SIP revisions 
dealing with RFP and attainment of the ozone standard.
    The USEPA is publishing this action without prior proposal because 
USEPA views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the USEPA is proposing to approve the requested 
SIP revision should adverse or critical comments be filed. This action 
will be effective on November 14, 1994, unless adverse or critical 
comments are received by October 13, 1994.
    If the USEPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent rule that 
withdraws this final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The USEPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective November 14, 1994.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The OMB has exempted this regulatory action from 
Executive Order 12866 review.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, USEPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    The SIP approvals under section 110 and subchapter I, part D, of 
the Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, I certify 
that it does not have a significant impact on small entities. Moreover, 
due to the nature of the Federal-State relationship under the Act, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids the USEPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 
(1976).
    Under section 307(b)(1)of the Act, petitions for judicial review of 
this action must be filed in the United States Court of Appeals for the 
appropriate circuit by November 14, 1994. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purpose of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: September 2, 1994.
Valdas V. Adamkus,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart O--Illinois

    2. Section 52.726 is amended by adding paragraph (i) to read as 
follows:


Sec. 52.726  Control strategy: Ozone.

* * * * *
    (i) The base year ozone emission inventory requirement of section 
182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied 
for the following Illinois ozone nonattainment areas: the Chicago 
nonattainment area--Cook, Du Page, Kane, Lake, Will and McHenry 
Counties, Aux Sable and Gooselake Townships in Grundy County and Oswego 
Township in Kendall County--, the Metro-East St. Louis nonattainment 
area--Madison, Monroe, and St. Clair Counties--, and Jersey County.

[FR Doc. 94-22640 Filed 9-12-94; 8:45 am]
BILLING CODE 6560-50-P