[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29144]


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[Federal Register: November 25, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[IL80-2-6784; FRL-5113-4]

 

Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Illinois

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) 
proposes to approve a State Implementation Plan (SIP) request to 
redesignate the Jersey County, Illinois ozone nonattainment area to 
attainment. The USEPA is also approving the accompanying maintenance 
plan as an SIP revision. The redesignation request and maintenance plan 
were submitted by the Illinois Environmental Protection Agency (IEPA) 
on November 12, 1993. The State has met the requirements for 
redesignation contained in the Clean Air Act (Act), as amended in 1990. 
The redesignation request is based on ambient monitoring data that show 
no violations for the ozone National Ambient Air Quality Standard 
(NAAQS) during the three-year period from 1990 through 1992.

DATES: Comments on this SIP revision request and on USEPA's proposed 
rulemaking action must be received by December 27, 1994.

ADDRESSES: Written comments should be addressed 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.

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, Telephone Number (312) 
886-6057.

SUPPLEMENTARY INFORMATION: On November 12, 1993, the IEPA submitted a 
redesignation and maintenance plan for Jersey County as a requested 
revision to the Illinois State Implementation Plan (SIP). The IEPA has 
requested that Jersey County be redesignated to attainment for ozone.
    On November 6, 1991 (56 FR 56694), the USEPA formally designated 
Jersey County as a marginal ozone nonattainment area. This 
classification and designation was based on a monitored violation of 
the ozone National Ambient Air Quality Standard (NAAQS) in Jersey 
County in 1988.
    Jersey County is a rural county located approximately 25 miles 
north of St. Louis, Missouri. Based on the 1990 census, the population 
of Jersey County is 20,539, with the largest urban population being 
that of Jerseyville, with a population of approximately 8,000.

I. USEPA Redesignation Policy

    The Act's requirements for redesignation to attainment are 
contained in section 107(d)(3)(E). These requirements and other USEPA 
redesignation requirements are discussed in a September 4, 1992, 
memorandum from the Director of the Air Quality Management Division, 
Office of Air Quality Planning and Standards, to Directors of Regional 
Air Divisions. As outlined in this memorandum, section 107(d)(3)(E) 
requires that the following conditions be met for redesignation to 
attainment:
    1. The USEPA must determine that the area subject to the 
redesignation request has attained the NAAQS;
    2. The USEPA must have fully approved the applicable SIP for the 
subject area under section 110(k) of the Act;
    3. The USEPA must determine that the improvement in air quality in 
the area is due to permanent and enforceable reductions in emissions 
resulting from the implementation of the applicable SIP, Federal air 
pollution control regulations, and other federally enforceable emission 
reductions;
    4. The USEPA must have fully approved a maintenance plan for the 
area as meeting the requirements of section 175A of the Act; and
    5. The State must have met all requirements applicable to the area 
under section 110 and part D of the Act.
    To demonstrate that the area has attained the ozone NAAQS, the 
State must show that the ozone data in the area do not exhibit 
violation of the NAAQS at any monitoring site in the area during the 
most recent three years of monitoring at the sites. In accordance with 
40 CFR part 50.9, the annual average number of expected exceedances of 
the ozone standard (0.12 parts per million [ppm], one-hour averaged) at 
any monitor cannot exceed 1.0 during the three year period. The data 
used in this demonstration must be quality assured, in accordance with 
40 CFR part 58, and collected in accordance with 40 CFR part 50, 
appendix H. The data should be recorded in USEPA's Aerometric 
Information Retrieval System (AIRS).
    The SIP for the area must be fully approved under section 110(k) of 
the Act and must satisfy all requirements that apply to the area. These 
requirements include new requirements added by the 1990 amendments to 
the Clean Air Act. The State must meet all requirements of section 110 
and part D of the Act that were applicable prior to the submittal of 
the complete, finally adopted redesignation request. (It should be 
noted that, based on section 175A of the Act, other requirements of 
part D of the Act remain in effect until the USEPA approves the 
maintenance plan and the redesignation to attainment. If the USEPA 
disapproves the request to redesignate an area to attainment, these 
requirements remain in effect with no delay.) A SIP which meets the 
pre-redesignation request submittal requirements must be fully approved 
by the USEPA prior to USEPA's approval of the redesignation of the area 
to attainment of the NAAQS. The requirements of title I of the Act, 
which includes section 110 and part D of the Act, are discussed in the 
April 16, 1992, General Preamble to Title I (57 FR 13498).
    The State must be able to reasonably attribute the improvements in 
air quality to permanent and enforceable emission reductions. 
Attainment resulting from temporary emission reductions or from 
temporary favorable (not conducive to high ozone concentrations) 
meteorology would not qualify as a permanent air quality improvement. 
The State should demonstrate that the emission reductions from a past 
high ozone period (generally the year or period for which the area's 
ozone classification design value was determined, 1988 for Jersey 
County) to the period of attainment were due to the implementation of 
permanent and enforceable emission control measures and were sufficient 
to explain the attainment of the ozone NAAQS.
    Prior to the redesignation of an area to attainment, the USEPA must 
fully approve a maintenance plan (as a SIP revision) which meets the 
requirements of section 175A of the Act. The maintenance plan must 
provide for maintenance of the NAAQS attainment in the area for at 
least 10 years after the USEPA approval of the redesignation request. 
The maintenance plan must contain additional emission control measures 
as necessary to assure maintenance of the NAAQS (generally this means 
maintaining the precursor emissions at or below the attainment year 
levels). The Act also requires (section 175A(b)) a second SIP revision 
8 years after an area is redesignated to attainment to assure 
maintenance of the NAAQS for an additional 10 years beyond the first 10 
year maintenance period.
    The maintenance plan must contain such contingency measures as the 
USEPA deems necessary to ensure prompt correction of any violation of 
the NAAQS occurring after the area is redesignated to attainment or 
exceedance of other triggering levels, such as emissions exceeding 
attainment levels (this could be caused by emission increases not 
anticipated in the maintenance plan).
    At a minimum, the maintenance plan should contain the following 
elements:

1. Attainment Inventory

    The State must develop an emissions inventory for the initial 
period of attainment to identify the level of emissions which is 
associated with attainment of the NAAQS. This emissions inventory must 
be consistent with USEPA's most recent guidance on preparation and 
documentation of emission inventories. The emissions inventory should 
be based on actual, typical summer weekday emissions of ozone 
precursors (Volatile Organic Compounds [VOC], Oxides of Nitrogen 
[NOX], and Carbon Monoxide [CO]).

2. Maintenance Demonstration

    A State may generally demonstrate maintenance of the NAAQS by 
either showing that future emissions of the ozone precursors will not 
exceed the levels of the emissions in the attainment inventory or by 
modeling to demonstrate that the future mix of sources and emission 
rates will not cause a violation of the NAAQS. The maintenance plan 
should be based on the same type and level of modeling used to 
demonstrate attainment of the NAAQS in the SIP. Regardless of which 
approach is used, the State must project the emissions for the 10 year 
period following the anticipated time of the USEPA approval of the 
redesignation request (the State should assume that the USEPA will take 
two years to complete the rulemaking on the redesignation request). The 
projected emissions must reflect the expected actual emissions based on 
enforceable emission rates and typical source activity rates, such as 
production rates, adjusted for expected source growth. Projected 
emission reductions must reflect the impacts of permanent, enforceable 
emission control measures. The assumptions of emission reductions and 
source growth and techniques used to project the emissions must be 
clearly documented.

3. Monitoring Network

    The maintenance plan must contain provisions for the continued 
operation of ozone air quality monitors in the area to be redesignated. 
This is needed to provide verification of the maintenance of the NAAQS 
attainment, and is also needed to provide triggering data for the 
activation of contingency measures in the event of a future violation 
or exceedance of the NAAQS (the State may choose to activate some 
contingency measures when the NAAQS is simply exceeded but not yet 
violated to prevent future NAAQS violations).

4. Verification of Continued Attainment

    The State must assure that it has the legal authority to implement 
and enforce all measures necessary to attain and maintain the NAAQS. In 
addition, the maintenance plan must indicate how the State will track 
the progress and success of the maintenance plan. This includes 
tracking air quality levels and emissions.

5. Contingency Plan

    Section 175A of the amended Act requires that a maintenance plan 
include contingency provisions, as necessary, to promptly correct any 
violation of the NAAQS that occurs after the redesignation of an area 
to attainment. For the purposes of section 175A, a State is not 
required to fully adopt contingency measures that will take effect 
without further action by the State. The contingency plan, however, is 
considered to be an enforceable part of the SIP and must ensure that 
the contingency measures will be adopted and implemented expeditiously 
after they are triggered. The plan must clearly identify the measures 
that will be considered for adoption, a schedule and procedure for 
their adoption and implementation, and a specific time limit for action 
by the State. The plan must also identify the specific indicators or 
triggers that will be used to determine when the contingency measures 
will be required.

II. Summary of the Illinois Redesignation Submittal

    Summarized below are the contents of the Illinois redesignation 
request and maintenance plan.

A. Monitored Attainment of the NAAQS

    During the period of 1990 through 1992 (the three year period 
covered by the redesignation request), two exceedances of the ozone 
standard, 0.127 ppm and 0.125 ppm, were monitored in Jersey County, 
with both exceedances recorded in 1990. The expected ozone standard 
exceedance rate for the 1990-1992 period was 0.67 exceedance per year. 
This is in contrast to seven ozone standard exceedances, with a peak 
ozone concentration of 0.128 ppm, monitored in 1988, when ozone 
monitoring was initiated in Jersey County. The IEPA has quality assured 
the 1990-1992 ozone data for Jersey County and has entered these data 
into AIRS.
    As a check on the continued attainment of the NAAQS in Jersey 
County, one may also consider the 1993 peak ozone concentrations (not 
addressed in the Illinois redesignation request, but registered in 
AIRS). Two exceedances of the ozone standard, 0.135 ppm and 0.127 ppm, 
were monitored in Jersey County in 1993. The 1991 through 1993 data 
continue to show attainment of the ozone NAAQS, with an annual average 
expected exceedance rate of 0.67.
    These data show that attainment of the ozone NAAQS has been 
monitored in Jersey County based on the most recent quality assured air 
quality data available.

B. Meeting Applicable Requirements of Section 110 and Part D

    Until 1991 and prior to the 1990 amendment of the Act, Jersey 
County had been designated as attainment for ozone. The only ozone 
precursor emission control regulations covering Jersey County were 
statewide Reasonably Available Control Technology (RACT) regulations 
and Prevention of Significant Deterioration (PSD) regulations covering 
the growth of new or existing sources. The USEPA has promulgated PSD 
regulations for Illinois, which have been delegated to the State for 
implementation. The USEPA has previously approved Illinois' RACT 
regulations covering Jersey County.
    The IEPA certifies that all RACT controls required in Jersey County 
have been implemented and will remain in effect after the redesignation 
of the County to attainment. These rules will remain in effect until 
the State demonstrates to the USEPA's satisfaction that the ozone 
standard can be maintained without one or more of the controls.
    Title 40 CFR part 52, subpart O, section 52.722, evidences that the 
Illinois SIP was approved under section 110 of the Act and that the 
USEPA found that the SIP satisfied all part D, title I (as amended in 
1977), requirements. The 1990 Act amendments, however, modified section 
110(a)(2) and under part D, revised sections 172 and 182 adding new 
requirements for all nonattainment areas. Therefore, for purposes of 
redesignation, to satisfy the requirement that the SIP meet all 
applicable requirements under the Act, USEPA has reviewed the SIP to 
ensure that it contains all measures and information that were due 
under the Act, as amended in 1990, prior to or at the same time 
Illinois submitted the redesignation request as considered here. The 
USEPA interprets section 107(d)(3)(E)(V) of the Act to mean that, for a 
redesignation request to be approved, the State must have met all 
requirements that applied to the subject area prior to and at the same 
time of the submission of the complete redesignation request.
B.1. Section 110 Requirements
    Although section 110 of the Act was amended in 1990, the Illinois 
SIP addressing the Jersey County area meets the requirements of section 
110(a)(2). A number of the requirements in section 110(a)(2) did not 
change in substance and, therefore, USEPA believes that the pre-
amendment SIP meets these requirements. As to those requirements that 
were amended (57 FR 27936 and 23939, June 23, 1993), many duplicate 
other requirements of the Act and are addressed below.
B.2. Part D Requirements
    Before Jersey County can be redesignated to attainment, the area 
and its associated SIP must meet the applicable requirements of part D. 
Under part D, an area's classification indicates the requirements to 
which it will be subject. Subpart 1 of part D sets forth the basic 
requirements applicable to all nonattainment areas. Subpart 2 of part D 
establishes additional requirements for nonattainment areas classified 
in table 1 of section 181(a) of the Act. As described in the April 16, 
1992, General Preamble for the Implementation of Title I, specific 
requirements of subpart 2 may override Subpart 1's general provisions 
(57 FR 13501). On November 6, 1991, Jersey County was classified as a 
marginal ozone nonattainment area (56 FR 56694). Therefore, in order to 
be redesignated to attainment, the State, for Jersey County, must meet 
the applicable requirements of subpart 1 of part D, as well as the 
applicable requirements of subpart 2 of part D as they pertain to 
marginal ozone nonattainment areas.
B.2.a. Subpart 1 of Part D--Section 172(c) Provisions
    Section 172(c) sets forth general requirements applicable to all 
nonattainment areas. Under section 172(b), the section 172(c) 
requirements are applicable on a schedule as determined by the 
Administrator, but no later than three years after an area has been 
designated as nonattainment under the amended Act. With the exception 
of requirements for which subpart 2 established SIP submission dates 
for corollary requirements prior to November 12, 1993 (which are 
discussed below), the requirements of section 172(c) were not 
applicable to ozone nonattainment areas on or before November 12, 1993, 
the date on which the State of Illinois submitted the complete 
redesignation request for Jersey County. Therefore, these requirements, 
including those of sections 172(c)(2) and 172(c)(9) are not applicable 
requirements for purposes of evaluating this redesignation request.
    With respect to the requirement of section 172(c)(1) concerning the 
adoption of RACT, the USEPA notes that, as discussed elsewhere in this 
action, Illinois has completed the adoption of stationary source RACT 
rules statewide, the USEPA has approved these rules in prior 
rulemaking, and has found no deficiencies in the rules for Jersey 
County. In addition, the USEPA notes that, with respect to Jersey 
County, no additional RACT controls beyond the RACT rules already 
covered in the SIP are necessary or were required at the time of the 
submission of the redesignation request.
    With respect to the emissions inventory requirement of section 
172(c)(3), the USEPA notes that the State of Illinois has developed and 
submitted the required emissions inventory, which section 182(a)(1) 
required to be submitted by November 15, 1992. This emissions inventory 
has been the subject of separate review and rulemaking by the USEPA. 
EPA expects to take final action approving the emissions inventory 
before the USEPA takes final action approving the redesignation request 
for Jersey County. The emissions inventory must be approved for EPA to 
take final action approving this redesignation request.
    As for the section 172(c)(5) New Source Review (NSR) requirement, 
once an area is redesignated to attainment this requirement is no 
longer applicable. The area then becomes subject to prevention of 
significant deterioration (PSD) requirements in lieu of the part D NSR 
program. Under USEPA policy described in a Memorandum from Mary 
Nichols, Assistant Administrator for Air and Radiation, dated October 
14, 1994, and area need not comply with the NSR requirement of section 
172(c) to be redesignated if it is demonstrated that the area will 
continue to maintain the ozone standard without a part D NSR program in 
place. As the State of Illinois has demonstrated the maintenance of the 
standard will occur without a part D NSR program (see discussion below) 
and PSD requirements will apply, the lack of fully-approved part D NSR 
rules applicable to Jersey County does not preclude the redesignation 
of Jersey County.
    The requirements of section 172(c) are discussed below along with 
their relevancy to the redesignation request at hand:
    (1) Section 172(c)(1) of the Act requires SIPs to provide for all 
Reasonably Available Control Measures (RACM) as expeditiously as 
practicable and to provide for attainment of the NAAQS. As discussed 
elsewhere in this action, Illinois has completed the adoption of 
stationary source RACT rules statewide. The USEPA has approved these 
statewide RACT rules in prior rulemaking and has found no deficiencies 
in the rules for Jersey County.
    In addition, the USEPA notes that, with respect to Jersey County, 
no additional RACM controls beyond the RACT rules already covered in 
the SIP are necessary upon redesignation to attainment. The April 16, 
1992, General Preamble to the Implementation of Title I (57 FR 13560) 
explains that section 172(c)(1) requires the plans for all 
nonattainment areas to provide for the implementation of RACM as 
expeditiously as practicable. The USEPA interprets this requirement to 
impose a duty on all nonattainment areas to consider all available 
control measures and to adopt and implement such measures as are 
reasonably available for implementation in the area's attainment 
demonstration. Because attainment has been reached in Jersey County, no 
additional measures are needed to provide for attainment.
    (2) Section 172(c)(2) requires the SIP to provide for Reasonable 
Further Progress (RFP) towards attainment of the NAAQS. This 
requirement only has relevance during the time it takes the area to 
attain the NAAQS. Because Jersey County has already attained the NAAQS, 
the SIP has already achieved the necessary RFP towards attainment of 
the NAAQS.
    (3) Section 172(c)(3) requires the SIP to contain a comprehensive, 
accurate, current inventory of actual emissions from all sources of the 
relevant pollutants. The State of Illinois has developed and submitted 
the required emissions inventory for Jersey County. This emissions 
inventory has been the subject of separate review and rulemaking by the 
USEPA. The approval of the emissions inventory is expected to be (and 
must be) finalized before the USEPA takes action to approve in final 
the redesignation of Jersey County to attainment for ozone.
    (4) Section 172(c)(4) requires the SIP to identify and quantify the 
emissions which will be allowed to result from the construction of 
major new or modified stationary sources in the ozone nonattainment 
areas. Although the USEPA has not approved Illinois' NSR regulations, 
it should be noted that once an area is redesignated to attainment, 
nonattainment NSR requirements are not generally applicable. The 
redesignated area becomes subject to PSD requirements instead of the 
NSR requirements. The USEPA has promulgated acceptable PSD regulations 
for Illinois and has delegated the implementation of these regulations 
to the State. It should be noted, however, that until the USEPA 
officially redesignates Jersey County to attainment for ozone, sources 
seeking permits for major modifications or major source construction 
must be addressed through a new source review acceptable to the USEPA.
    (5) Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, the USEPA believes 
that the Illinois SIP meets the requirements of section 110(a)(2).
    (6) Section 172(c)(9) requires the SIP to contain contingency 
measures to be undertaken if an area fails to make RFP or fails to 
attain the NAAQS. Since Jersey County has attained the NAAQS, the 
section 172(c)(9) contingency measure requirements are not applicable 
unless the redesignation request and maintenance plan are not fully 
approved. It should be noted that section 175A contingency measures 
apply to areas that are redesignated to attainment.
B.2.b. Other Part D Requirements
    Below is a summary of Illinois' compliance with the part D 
requirements for marginal ozone nonattainment areas, such as Jersey 
County.
    (1) Submittal of a Comprehensive Base Year Emissions Inventory. 
Section 182(a)(1) of the Act requires the State to submit a 
comprehensive, accurate, current inventory of actual emissions from all 
sources of ozone precursors. As noted above, Illinois has submitted a 
final, adopted 1990 base year emissions inventory and associated 
documentation for Jersey County. This emissions inventory is being 
reviewed in a separate rulemaking action. A Technical Support Document 
(TSD) recommending approval of this emissions inventory has been 
prepared to support a direct final rulemaking on this emissions 
inventory. This emissions inventory must be approved in final 
rulemaking before the USEPA can approve the redesignation of Jersey 
County in final rulemaking.
    (2) Emission Statement SIP Revision. Section 182(a)(3)(B) of the 
Act requires the State to submit a SIP revision to require stationary 
sources of VOC or NOX to annually submit statements of emissions 
from the sources. Illinois has submitted this SIP revision. A final 
USEPA rulemaking approving this SIP revision was published on September 
9, 1993 (58 FR 47379).
    (3) New Source Review Regulations. Section 182(a)(2)(C) of the Act 
requires the State to submit a SIP revision to: (a) require source 
permits in accordance with sections 172(c)(5) and 173 of the Act for 
the construction and operation of each new or modified major source 
(with respect to the emissions of ozone precursors); and (b) correct 
requirements in the existing SIP concerning permit programs as were 
required under section 172(b)(6) of the pre-1990 Act to comply with 
regulations promulgated by the USEPA prior to the 1990 amendment of the 
Act. Illinois has submitted a SIP revision request to comply with the 
requirements of section 182(a)(2)(C). The USEPA has reviewed this SIP 
revision request and has proposed to approve it (September 23, 1994, 59 
FR 48839). Although the USEPA has not taken final rulemaking Action on 
this SIP revision, it should be noted that the USEPA does not consider 
compliance with these requirements to be a prerequisite to the 
redesignation or an area to attainment of the ozone NAAQS. The USEPA 
believes that the applicability of the part C PSD program to 
maintenance areas makes it unnecessary to require that an area have 
obtained full approval of NSR regulations required by part D of the Act 
in order to be redesignated. The USEPA believes that this 
interpretation of the Act is appropriate notwithstanding the 
requirement in section 175A(d) that the contingency provisions of a 
maintenance plan include a commitment on the part of the State to 
implement all measures to control the relevant air pollutant that were 
contained in the SIP prior to redesignation. The term ``measure'' is 
not defined in section 175A(d) and it appears that Congress utilized 
the terms ``measure'' or ``control measure'' differently in different 
provisions of the Act that concern the PSD and NSR permitting programs. 
Compare section 110(a)(2) (A) and (C) with section 161. In light of 
this ambiguity in the use of the term ``measure,'' USEPA believes that 
the term ``measure'' as used in section 175A(d) may be interpreted so 
as not to include NSR permitting programs. That this is an appropriate 
interpretation is further supported by USEPA's historical practice, 
dating before the amended Act, of not requiring redesignating areas to 
demonstrate through modeling or to otherwise justify replacing the 
nonattainment area NSR program with the PSD program once the areas were 
redesignated. Rather, the USEPA has historically allowed the NSR 
programs to be automatically replaced by the PSD programs upon 
redesignation.
    (4) RACT corrections. Section 182(a)(2)(A) of the Act requires the 
State to correct deficiencies in the State's RACT regulations noted by 
the USEPA prior to the amended Act. The State notes that no 
deficiencies were noted for the RACT regulations applicable to Jersey 
County. Therefore, RACT corrections are not an issue for the Jersey 
County redesignation.
    (5) Conformity of federal actions with the SIP. Section 176(c) of 
the Act requires the States to revise their SIPs to establish criteria 
and procedures to ensure that Federal actions, before they are taken, 
conform to the air quality planning goals in the applicable SIPs. The 
requirement to determine conformity applies to transportation plans, 
programs and projects developed, funded or approved under Title 23 
U.S.C. or the Federal Transit Act (``transportation conformity''), as 
well as to all other Federal actions (``general conformity''). Section 
176 further provides that the conformity revisions to be submitted by 
the States be consistent with Federal conformity regulations that the 
Act required USEPA to promulgate. Congress provided for the State 
revisions to be submitted one year after the date for promulgation of 
final USEPA conformity regulations. When that date passed without such 
promulgation, USEPA's General Preamble for the Implementation of Title 
I informed the States that its conformity regulations would establish a 
submittal date (see 57 FR 13498, 13557, April 16, 1992).
    The USEPA promulgated final transportation conformity regulations 
on November 24, 1993, (58 FR 62188) and general conformity regulations 
on November 30, 1993, (58 FR 63214). These conformity regulations 
require the States to adopt both transportation and general conformity 
provisions in the SIPs for areas designated nonattainment or subject to 
a maintenance plan approved under section 175A of the Act. Pursuant to 
section 51.396 of the transportation conformity rule and section 51.851 
of the general conformity rule, the State of Illinois is required to 
submit a SIP revision containing transportation conformity criteria and 
procedures consistent with those established in the Federal rule by 
November 25, 1994. Similarly, the State of Illinois is required to 
submit a SIP revision containing general conformity criteria and 
procedures consistent with those established in the Federal rule by 
December 1, 1994. Because the deadlines for these submittals have not 
yet come due, they are not applicable requirements under section 
107(d)(3)(E)(V) and, thus, do not affect approval of the redesignation 
request. It should be noted, however, that regardless of the attainment 
status of Jersey County, Illinois is obligated under the transportation 
conformity rule and under the general conformity rule to submit the 
conformity SIP revisions, including revisions covering Jersey County by 
the deadlines discussed here. Therefore, the attainment status of 
Jersey County should not be an issue in this case. It is further noted 
that the Illinois redesignation request for Jersey County indicates 
that the State of Illinois will submit a SIP revision to meet USEPA's 
conformity requirements after Illinois has had sufficient time to 
review and act on USEPA's final conformity regulations.

C. Improvement of Air Quality Due to Permanent and Enforceable Emission 
Reductions

    The IEPA notes, on the basis of relative emissions and on the basis 
of the meteorology leading to high ozone concentrations in Jersey 
County, that the high ozone concentrations observed in Jersey County in 
1988 were due to ozone precursor emissions in the St. Louis/Metro-East 
St. Louis ozone nonattainment area. For example, the IEPA notes that 
the 1990 summertime VOC emissions in Jersey County were only 20 tons 
per day while the VOC emissions in the St. Louis/Metro-East St. Louis 
ozone nonattainment area were 922 tons per day. Given the proximity of 
the St. Louis/Metro-East St. Louis ozone nonattainment area, the 
dominance of ozone precursor emissions from that area compared to those 
from Jersey County, and the meteorology of peak ozone days in Jersey 
County (winds are predominately from the southeast through southwest on 
these days placing Jersey County immediately downwind of the St. Louis/
Metro-East St. Louis area), one can see that the ozone precursor 
emissions in the St. Louis/Metro-East St. Louis area are the likely 
source of the high ozone concentrations in Jersey County.
    Between 1987 and 1990, the following VO emission control measures 
were implemented in the Metro-East St. Louis area: (1) reduction in 
fuel volatility (Reid Vapor Pressure [RVP]) from 11.2 pounds per square 
inch (psi) to 9.0 psi; (2) continued implementation of the Federal 
Motor Vehicle Emission Control Program (FMVCP); (3) basic vehicle 
Inspection and Maintenance (I/M); and (4) RACT. In Jersey County, the 
following VOC emission control measures were implemented between 1987 
and 1990: (1) reduction in fuel RVP from 11.2 psi to 9.5 psi; (2) 
continued implementation of the FMVCP; and (3) RACT on major sources. 
These emission control programs produced real and permanent decreases 
in VOC emissions and are responsible for the attainment of the ozone 
NAAQS in Jersey County.
    The largest emission reductions have occurred for mobile sources 
and gasoline related evaporative emissions, which are a significant 
portion of the total VOC emissions for the St. Louis/Metro-East St. 
Louis and Jersey County areas. Mobile source emissions decreased 
approximately 25 percent between 1987 and 1990, and gasoline 
evaporative emissions decreased approximately 10 percent in the same 
time period.

D. Maintenance Plan

    The following summarizes Illinois' maintenance plan for Jersey 
County:
    (1) Emission certification and tracking. The IEPA will continue to 
inventory ozone precursor emissions in Jersey County and will make 
periodic updates in the emissions inventory consistent with the 
requirements of the Act. The IEPA will track Jersey County emissions to 
ensure that significant increases in emissions are identified and 
evaluated for possible air quality impacts. If significant negative air 
impacts are indicated, appropriate regulatory action will be initiated.
    (2) Maintenance of existing control programs. The IEPA commits to 
continue enforcement of all State-adopted emission control measures 
included in the Illinois SIP. This will include review and issuance of 
stationary source permits and inspection of emission sources consistent 
with the USEPA-approved Illinois program plan. This commitment insures 
that future VOC emission levels will not exceed current levels in 
Jersey County.
    (3) Compliance with Act requirements for the Metro-East St. Louis 
area. The IEPA notes that the Act requires the St. Louis/Metro-East St. 
Louis ozone nonattainment area to achieve additional VOC emission 
reductions beyond the current emission levels. For example, the area 
will achieve an additional 15 percent VOC emission reduction from the 
1990 emission level by 1996 as the result of Reasonable Further 
Progress (RFP) requirements. Accounting for source growth and emission 
reductions expected in the Metro-East St. Louis area through 2004, the 
IEPA expects an 18 ton per day VOC emission reduction between 1990 and 
2004 (ten years after the year in which the USEPA is expected to 
approve the redesignation of Jersey County). This emission decrease 
does not account for the additional emission reduction that will occur 
in the St. Louis/Metro-East St. Louis area as a result of the attempt 
to attain the ozone standard by 1996.
    (4) Contingency measures. After Jersey County is redesignated to 
attainment, the trigger for contingency measures will be a violation of 
the ozone standard based on quality assured data and a notice from the 
USEPA that the State of Illinois has failed to maintain the ozone 
NAAQS. After these triggering conditions have occurred, the IEPA will 
select the appropriate contingency measure(s) to prevent a violation of 
the ozone standard from reoccurring. The State commits to apply such a 
contingency measure within 18 months after the receipt of the 
notification from the USEPA of the NAAQS violation (A time schedule for 
the actions leading to the implementation of emission control measures 
was not given in the maintenance plan. It is assumed that the State 
will adopt necessary regulations earlier than 18 months, such that the 
regulations can be implemented within the 18 month time period). The 
contingency measure(s) to be considered will be selected from the 
following list or from measures deemed appropriate and effective at the 
time the control measure selection is actually made:

a. lower reid vapor pressure for gasoline
b. reformulated gasoline program
c. Stage I and breathing controls at gasoline service stations
d. Stage II vapor recovery controls at gasoline service stations
e. extended geographic coverage of existing control measures
f. requirements for RACT for existing source covered by USEPA Control 
Technique Guidelines (CTGs) issued in response to the amended Act
g. application of RACT to non-major sources
h. implementation of one or more transportation control measures 
sufficient to achieve at least a 0.5 percent reduction in Jersey County 
VOC emissions. The transportation control measures will be selected 
from the following:
    i. trip reduction programs, including but not limited to employer-
based transportation management plans, areawide rideshare programs, 
work schedule changes, and telecommuting
    ii. transit improvements
    iii. traffic flow improvements
    iv. other transportation control measures in widespread use that 
the State and local governments deem to be appropriate
i. alternative fuel programs for fleet vehicle operations
j. controls on consumer products consistent with those adopted 
elsewhere in the United States
k. requirements for VOC emission offsets for new and modified major VOC 
sources
l. requirements for VOC emission offsets for new and modified minor VOC 
sources
m. increased ratio of emission offsets required for new sources; and
n. requirements for VOC controls on new minor sources.

    The contingency measures may be considered for Jersey County or for 
upwind areas whose emissions impact the air quality in Jersey County. 
The selection of a particular contingency measure for implementation 
will be based on VOC emission reduction potential, cost-effectiveness, 
economic and social considerations, or other factors that the IEPA 
deems to be appropriate.
    (5) Emission control authority and additional commitments. The IEPA 
certifies that it has the authority to continue the application of 
existing emission control measures and additional emission control 
measures if required.
    The IEPA commits to continue monitoring of ozone in Jersey County 
for the purposes of tracking continued maintenance of the ozone 
standard attainment. Additionally, the IEPA commits to revise the 
maintenance plan as necessary to comply with any subsequent USEPA 
finding that the maintenance plan is inadequate to maintain attainment 
of the ozone NAAQS (such a finding would be made by the USEPA if 
subsequent violations of the ozone standard showed that the maintenance 
plan is adequate to maintain attainment of the ozone standard or to 
further lower emissions after a monitored violation of the ozone 
standard) and to revise the maintenance plan in eight years in 
compliance with section 175A of the Act.
    (6) Demonstration of maintenance. To demonstrate maintenance of the 
NAAQS, the IEPA has projected VOC, NOx, and CO emissions to 2004, ten 
years after USEPA is expected to approve the redesignation of Jersey 
County. Emission projections were based on methodology consistent with 
USEPA guidelines. For stationary point sources, the IEPA used growth 
factors obtained from Regional Economic Models, Incorporated (REMI) 
using Illinois-specific data. Area source and off-highway emissions 
were projected using population projections and other factors 
consistent with the approach used to project emissions in the State's 
15 percent rate of progress plan (currently under development). On-
highway emissions were projected assuming an annual growth rate of 2.5 
percent as estimated by the Illinois Department of Transportation. On-
highway emissions were estimated using MOBILE5a.
    Emission estimates for the attainment base year (1990), 2006, and 
several interim years are given below:

                      VOC Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                                           1990    1995    2000    2004 
------------------------------------------------------------------------
Point sources...........................    0.08    0.09    0.09    0.10
Area sources............................    2.79    2.81    2.83    2.84
On-road mobile sources..................    1.51    1.35    1.19    1.06
Off-road mobile sources.................    1.41    1.42    1.44    1.45
Biogenic sources........................   14.65   14.65   14.65   14.65
                                         -------------------------------
    Total...............................   20.44   20.32   20.20   20.10
------------------------------------------------------------------------


                      NOX Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                                           1990    1995    2000    2004 
------------------------------------------------------------------------
Point sources...........................    0.00    0.00    0.00    0.00
Area sources............................    0.06    0.06    0.06    0.06
On-road mobile sources..................    1.50    1.50    1.49    1.49
Off-road mobile sources.................    2.76    2.86    2.95    3.03
                                         -------------------------------
    Totals..............................    4.32    4.42    4.50    4.58
------------------------------------------------------------------------


                       CO Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                                           1990    1995    2000    2004 
------------------------------------------------------------------------
Point sources...........................    0.00    0.00    0.00    0.00
Area sources............................    0.56    0.56    0.56    0.56
On-road mobile sources..................    9.74    7.95    6.16    4.73
Off-road mobile sources.................    5.93    5.99    6.06    6.11
                                         -------------------------------
    Totals..............................   16.23   14.50   12.78   11.40
------------------------------------------------------------------------

    The IEPA believes the decrease in VOC and CO emissions and 
relatively constant NOX emissions (the small increase in NOX 
emissions between 1990 and 2004 is viewed by the IEPA to be 
inconsequential with respect to ozone concentration changes) between 
1990 and 2004 demonstrates the maintenance of the ozone NAAQS for the 
required ten year maintenance period.
    It should be noted that the interim year emissions above were 
determined by the USEPA based on discussions with the IEPA. The USEPA 
and IEPA agreed that the interim year emission estimates should be 
based on linear interpolation between the 1990 and 2004 emission 
estimates. This is consistent with the source growth estimation 
procedure used by the State to estimate the 2004 emission levels, and 
USEPA believes that this method is appropriate and reasonable for 
estimating the interim year emissions. The USEPA believes that this 
method provides reasonable estimates of the emission levels in those 
years and does not underestimate those emissions. The interim year 
estimates support the IEPA's conclusion that the ozone NAAQS should be 
maintained in Jersey County for the period between 1990 and 2004.

III. USEPA Analysis of Redesignation Request

1. Monitored Attainment of the NAAQS

    The IEPA has collected quality assured ozone data showing 
attainment of the ozone standard at all monitoring sites during the 
most recent three years of monitoring. These data are recorded in AIRS.

2. Approved State Implementation Plan

    Jersey County is covered by a SIP approved by the USEPA under 
section 110 and part D of the Act. Illinois has implemented this SIP. 
The implementation of this SIP included the adoption and implementation 
of USEPA approved RACT regulations and other required reasonably 
available control measures required by the pre-1990 Act.
    Illinois has complied with the amended Act. Illinois has submitted 
a 1990 base year emissions inventory for VOC, CO, and NOX 
emissions. This emissions inventory appears to be acceptable, and must 
be approved in final before the USEPA can approve the redesignation of 
Jersey County to attainment for ozone. The emission inventory is the 
subject of a separate rulemaking action. Illinois has also submitted a 
SIP revision requiring annual emission statements from major sources 
and the SIP was approved by USEPA on September 9, 1993, (See 58 FR 
47379).
    As noted above, although Illinois' NSR regulations have not been 
approved by the USEPA, the USEPA does not consider this to be 
reasonable basis for disapproving Illinois' redesignation request since 
PSD requirements will replace NSR after Jersey County has been 
redesignated to attainment. Until such time, addition of major new 
sources or major modification of existing ozone precursor sources must 
be covered NSR permits acceptable to both the State of Illinois and the 
USEPA.
    Lack of adopted mobile source conformity regulations is 
inconsequential since such regulations are required whether Jersey 
County is designated as nonattainment or attainment for ozone.

3. Improvement of Air Quality Due to Permanent Emission Reductions

    Implementation of VOC emission controls in Jersey County and in the 
St. Louis/Metro-East St. Louis ozone nonattainment areas has led to 
permanent, enforceable emission reductions which can explain the 
observed improvement in ozone levels in Jersey County.

4. Maintenance Plan

    The contingency portion of the maintenance plan was found to be 
acceptable. In addition, an acceptable demonstration of maintenance for 
Jersey County has been made through emission projections to 2004.
    One issue concerning the contingency measures, however, must be 
noted. As discussed above, Illinois has chosen to include the 
implementation of tighter gasoline RVP (requiring lower RVP) 
requirements as a contingency measure. At the same time Illinois was 
finalizing its maintenance plans, the USEPA issued new guidance 
concerning the use of lower RVP as contingency measures in maintenance 
plans. This new guidance was provided in a November 8, 1993, memorandum 
from Michael Horowitz, Office of General Counsel, to Directors of Air 
and Radiation Divisions. The guidance indicates that, for States to 
include lower RVP as a contingency measure in maintenance plans, the 
maintenance plan must include several things with respect to this 
contingency measure. First, the maintenance plan must indicate that if 
the former nonattainment area fell back into nonattainment, the State 
would submit a request to the USEPA to find under section 211(c)(4)(C) 
of the Act that the lower RVP requirement is necessary for the area to 
achieve the ozone NAAQS. Second, since the implementation of a lower 
RVP would rely upon USEPA's determination of whether it was necessary 
to achieve attainment, the State must provide for the possibility that 
a lower RVP could not be implemented. To do so, the State would need to 
provide for a backup measure in the maintenance plan. The maintenance 
plan could also include a commitment to adopt, as an alternative to the 
specified measure, measures identified by the USEPA as practicable in 
its denial of the State's request for a lower RVP requirement. If the 
State chooses to adopt measures specified by the USEPA and the USEPA 
has provided several options for acceptable measures, the State must 
adopt the requisite number of these measures as is necessary to again 
achieve the standard. The State would need to include a schedule for 
submittal of the section 211(c)(4)(C) request to the USEPA and a 
schedule for final adoption and implementation of a lower RVP standard, 
or the back-up measure(s), or the alternative measures selected by the 
USEPA. The schedule would need to be tied to the triggering event for 
the contingency measure, not to USEPA action on the 211(c)(4)(C) 
request.
    Notwithstanding the November 8, 1993, policy discussed above, which 
was not available to Illinois at the time the State was finalizing and 
submitting it maintenance plans to the USEPA, USEPA should approve 
Illinois' maintenance plan as it currently exists. This is because 
Illinois has identified a wide range of contingency measures to choose 
from in the maintenance plan and is, therefore, not relying exclusively 
on lower RVP requirements as a contingency measure. If Illinois, 
however, upon the triggering of the need to implement contingency 
measures, chooses to implement requirements for lower RVP, Illinois 
must submit the section 211(c)(4)(C) request in compliance with the 
Act.
    Based on the above, it is recommended that the USEPA approve 
Illinois' request for the redesignation of Jersey County to attainment 
for ozone as well as Illinois' maintenance plan for this county.

IV. USEPA's Proposed Rulemaking Action

    The USEPA proposes to approve the redesignation of Jersey County to 
attainment for ozone because the State of Illinois has met the 
requirements of the Act revising the Illinois ozone SIP.

V. Request for Public Comments

    USEPA is requesting comments on the requested SIP revision and this 
proposed rule. As indicated at the outset of this notice, USEPA will 
consider any comments received by December 27, 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 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 affected. 
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 USEPA to base its actions concerning SIPS on such grounds. 
Union Electric Co, v. USEPA, 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 January 24, 1995. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: November 16, 1994.
Jo Lynn Traub,
Acting 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 (h) to read as 
follows:


Sec. 52.726  Control strategy: Ozone.

    * * *
    (h) Approval--On November 12, 1993, the Illinois Environmental 
Protection Agency submitted an ozone redesignation request and 
maintenance plan for Jersey County ozone nonattainment area and 
requested that Jersey County be redesignated to attainment for ozone. 
The redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(d) of the Act as amended in 1990. The 
redesignation meets the Federal requirements of section 182(a)(1) of 
the Clean Air Act as a revision to the Illinois ozone State 
Implementation Plan for Jersey County.
* * * * *
[FR Doc. 94-29144 Filed 11-23-94; 8:45 am]
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