[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5291-5295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2966]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IL132-2-7237; FRL-5418-6]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is 
approving Illinois' request to exempt the Chicago ozone nonattainment 
area from the applicable oxides of nitrogen (NOX) transportation 
conformity requirements. The Chicago ozone nonattainment area is 
classified as severe nonattainment for ozone. The request is based on 
the urban airshed modeling (UAM) conducted by the Lake Michigan Ozone 
Control Program (LMOP) which shows that additional NOX reductions 
in the Chicago area will not contribute to attainment of the ozone 
standard. Approval of this NOX exemption for transportation 
conformity will simplify the process of demonstrating that 
transportation plans and projects will not contribute to violations of 
the ozone standard. Comments received on the August 16, 1995, proposal 
are addressed in this rulemaking. The continued approval of this 
exemption is contingent on the results of subsequent modeling including 
the final ozone attainment demonstration and plan for the Chicago 
nonattainment area. This plan is expected to be submitted by mid-1997 
and to incorporate the results of the Ozone Transport Assessment Group 
(OTAG) process. The attainment plan will supersede the initial modeling 
results as the basis for the waiver which USEPA is granting in this 
notice. If the attainment plan relies on NOX controls on mobile 
sources in the Chicago ozone nonattainment area to demonstrate 
attainment, the NOX waiver for transportation conformity will be 
reconsidered. To the extent the final plans achieve attainment of the 
ozone standard without additional NOX reductions from mobile 
sources, the NOX exemption would continue. USEPA's rulemaking 
action to reconsider the initial NOX waiver may occur 
simultaneously with rulemaking action on the attainment plans. This 
NOX waiver approval does not change the transportation conformity 
requirement for a NOX budget test unless the attainment SIP shows 
that NOX emissions could grow without limit without threatening 
attainment (as described in the November 14, 1995, amendment to the 
conformity rule).

EFFECTIVE DATE: This action will be effective March 13, 1996.

ADDRESSES: Copies of the documents relevant to this action are 
available for inspection at the following address: U.S. Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Regulation 
Development Section, Regulation Development Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois, 60604. (312) 353-8656.

SUPPLEMENTARY INFORMATION:

I. Background

    Clean Air Act section 176(c)(3)(A)(iii) requires, in order to 
demonstrate conformity with the applicable State Implementation Plan 
(SIP), that transportation plans and transportation improvement 
programs (TIPs) contribute to emissions reductions in ozone 
nonattainment areas during the period before control strategy SIPs are 
approved by USEPA. This requirement is implemented in 40 CFR 51.436 
through 51.440 (and 93.122 through 93.124), which establishes the so-
called ``build/no-build test.'' This test requires a demonstration that 
the ``Action'' scenario (representing the implementation of the 
proposed transportation plan/TIP) will result in lower motor vehicle 
emissions than the ``Baseline'' scenario (representing the 
implementation of the current transportation plan/TIP). In addition, 
the ``Action'' scenario must result in emissions lower than 1990 
levels.
    The November 24, 1993, final transportation conformity rule does 
not require the build/no-build test and less-than-1990 test for 
NOX as an ozone precursor in ozone nonattainment areas where the 
Administrator determines that additional reductions of NOX would 
not contribute to attainment of the National Ambient Air Quality 
Standard (NAAQS) for ozone. Clean Air Act section 176(c)(3)(A)(iii), 
which is the conformity provision requiring contributions to emission 
reductions before SIPs with emissions budgets can be approved, 
specifically references Clean Air Act section 182(b)(1). That section 
requires submission of State plans that, among other things, provide 
for specific annual reductions of volatile organic compounds (VOCs) and 
NOX emissions ``as necessary'' to attain the ozone standard by the 
applicable attainment date. Section 182(b)(1) further states that its 
requirements do not apply in the case of NOX for those ozone 
nonattainment areas for which USEPA determines that additional 
reductions of NOX would not contribute to ozone attainment.
    As explained below, the USEPA thru an amendment to it's 
transportation conformity rule, has changed the procedural mechanism 
through which a NOX exemption from transportation conformity would 
be granted. Instead of a petition under 182(f), transportation 
conformity NOX exemptions for ozone nonattainment areas that are 
subject to section 182(b)(1) need to be submitted as a SIP revision 
request. The Chicago ozone nonattainment area is classified as severe 
and, thus, is subject to section 182(b)(1).
    The USEPA published on August 29, 1995, an interim final rule (60 
FR 44762) which amended the transportation conformity rule and changed 
the statutory authority from 182(f) to 182(b)(1) of the Act for areas 
that are subject to section 182(b)(1). The interim final rule was 
effective immediately upon publication and provides the means for 
exempting areas subject to 182(b)(1) from NOX provisions of the 
transportation conformity rule. In conjunction with the interim rule, 
USEPA published a proposal providing for further amendments to the 
transportation conformity rule and describing how USEPA intended to 
process section 182(b)(1) NOX waivers (60 FR 44790). On November 
14, 1995, the USEPA published a final rule (60 FR 57179) 

[[Page 5292]]
after completing notice-and-comment rulemaking, which includes the 
provisions of the August 29, 1995, interim rule. The November 14, 1995, 
rule also addresses the NOX budget requirement.
    The June 20, 1995, SIP revision request from Illinois, has been 
submitted to meet the requirements of section 182(b)(1). A public 
hearing on this SIP revision request was held on July 17, 1995. The 
USEPA proposed to approve the SIP revision request on August 16, 1995, 
(60 FR 42491).
    The Chicago severe ozone nonattainment area includes the Counties 
of Cook, DuPage, Grundy (Aux Sable and Gooselake Townships), Kane, 
Kendall (Oswego Township), Lake, McHenry, and Will. In evaluating the 
SIP revision request, the USEPA considered whether additional NOX 
reductions would contribute to attainment of the standard in the 
Chicago area and also in the downwind areas of the LMOP modeling 
domain.
    As outlined in relevant USEPA guidance, the use of photochemical 
grid modeling is the recommended approach for testing the contribution 
of NOX emission reductions to attainment of the ozone standard.
    A summary of the UAM modeling and USEPA's review of the modeling 
and submittal are contained in the August 16, 1995, proposed rule (60 
FR 42491). Review of the modeling results show a very definite 
directional signal indicating that application of NOX controls in 
the Chicago ozone nonattainment area would exacerbate peak ozone 
concentrations not only in the Chicago area but also in the LMOP 
modeling domain. The LMOP modeling domain includes northern Indiana, 
western Michigan and eastern Wisconsin. The States and the Lake 
Michigan Air Directors Consortium (LADCo) have completed the validation 
process for the UAM modeling system to be used in the demonstration of 
attainment for the LMOP modeling domain.

II. Response to Comments on the Proposal

    Four sets of comments were received on the proposed approval of the 
NOX waiver. The Illinois Department of Transportation commented 
positively on the approval of the waiver. The comments opposed to the 
approval of the waiver are summarized in this section.

Comment

    The State of New York is concerned by the claim that VOC only 
controls reduce both peak ozone and geographic extent of ozone 
exposure. Modeling in the northeast shows a need for NOX 
reductions as well as VOC to reduce regional ozone. The model 
assumptions are questioned: whether the Federal motor vehicle control 
program (FMVCP) is assumed in future year (1996 and 2007) emission 
inventories; how the transport and boundary conditions were modeled; 
and how modeling across the board reductions are adequate for a 
specific source category exemption.

Response

    Reductions from the FMVCP were assumed for the 1996 and 2007 
emissions inventories for the UAM modeling.
    Several modeling and data analyses were performed by Illinois and 
the Lake Michigan Air Directors Consortium (LADCO) [the technical 
representatives of the States in the LMOP] to examine the relative 
benefits of VOC versus NOX emission controls. The modeling 
analyses included emissions sensitivity tests for several different 
basecase scenarios, including: (1) An original base period emissions 
inventory; (2) increased VOC emissions in the base period inventory 
(higher VOC/NOX ratios); (3) increased base period VOC/NOX 
ratios through either increased VOC emissions or decreased NOX 
emissions; and (4) differences in photochemistry photolysis rates as 
applied in the Urban Airshed Model--Version IV (UAM-IV) (the 
photochemical dispersion model generally accepted and supported by the 
EPA) and in UAM-V (the photochemical dispersion model approved by the 
EPA for use in the LMOP).
    Despite differences in the absolute and relative amounts of VOC and 
NOX emissions in the sensitivity analyses, the analyses found that 
the modeled domain-wide peak ozone concentration, the coverage of 
modeled ozone concentrations exceeding 120 parts per billion (ppb), and 
the number of hours with modeled ozone concentrations exceeding 120 
ppb, decreased in response to VOC emission reductions and increased in 
response to NOX emission reductions (up to more than 60 percent 
controls for some episode analysis days) for all modeled episodes.
    VOC and NOX emission reductions were found to produce 
different impacts spatially. In and downwind of major urban areas, 
within the ozone nonattainment areas, VOC reductions were effective in 
lowering peak ozone concentrations, while NOX emission reductions 
resulted in increased peak ozone concentrations. Farther downwind, 
within attainment areas, VOC emissions reductions became less effective 
for reducing ozone concentrations, while NOX emission reductions 
were effective in lowering ozone concentrations. It must be noted, 
however, that the magnitude of ozone decreases farther downwind due to 
NOX emission reductions was less than the magnitude of ozone 
increases in the ozone nonattainment areas as a result of the same 
NOX emission reductions.
    Analyses of ambient data by LMOP contractors provided results which 
corroborated the modeling results. These analyses identified areas of 
VOC- and NOX-limited conditions (VOC-limited conditions would 
imply a greater sensitivity of ozone concentrations to changes in VOC 
emissions. The reverse would be true for NOX-limited conditions) 
and tracked the ozone and ozone precursor concentrations in the urban 
plumes as they moved downwind. The analyses indicated VOC-limited 
conditions in the Chicago/Northwest Indiana and Milwaukee areas and 
NOX-limited conditions further downwind. These results imply that 
VOC controls in the Chicago/Northwest Indiana and Milwaukee areas would 
be more effective at reducing peak ozone concentrations within the 
severe ozone nonattainment areas.
    The consistency between the modeling results and the ambient data 
analysis results for all episodes with joint data supports the view 
that the UAM-V modeling system developed in the LMOP may be used to 
investigate the relative merits of VOC versus NOX emission 
controls. The UAM-V results for all modeled episodes point to the 
benefits of VOC controls versus NOX controls in reducing the 
modeled domain peak ozone concentrations.

Comment

    There have been monitored violations of the ozone standard in the 
Chicago nonattainment area within the past year. Therefore, a NOX 
exemption for the Chicago area would seem to conflict with the intent 
of the 1990 amendments to the Act.

Response

    This NOX exemption is based on the UAM submittals which 
demonstrate that NOX reductions will not contribute to reaching 
attainment of the ozone standard by the 2007 attainment date as 
required by the Act. In such circumstances, the Act explicitly provides 
that the relevant area may be granted a waiver from the requirement to 
adopt and implement NOX control measures. 

[[Page 5293]]


Comment

    NYSDEC requested additional time to better review the technical 
details of the modeling performed for the Chicago area and that all 
waivers be delayed until the review is complete.

Response

    The LADCo modeling has been available to any interested parties 
since the modeling was initiated. Further, the docket records contain 
the submittal summarizing the results of the model runs conducted to 
support the NOX waiver petition. These modeling results have been 
available to the public since July 13, 1994, when LADCo originally 
submitted the request for the USEPA to approve the NOX waiver 
under section 182(f) for RACT, NSR and conformity. On March 6, 1995, 
the USEPA proposed to approve the section 182(f) NOX waiver for 
the Lake Michigan area. The modeling has been available as part of the 
docket file for this proposed approval. Therefore, USEPA does not 
believe it is appropriate to delay action on the waiver request.

Comment

    NYSDEC disagrees that the NOX waiver rule should be a Table 3 
action for signature by the Regional Administrator and because of the 
national implications of the NOX exemption believes it should be a 
Table 1 action.

Response

    The NOX waiver for transportation conformity is a SIP revision 
request submitted by the State of Illinois. SIP revisions have been 
delegated to the Regional Administrator for signature under the 
procedures published in the Federal Register on January 19, 1989 (54 FR 
2214-2225), as revised by a July 10, 1995, memorandum from Mary 
Nichols, Assistant Administrator for Air and Radiation. This NOX 
waiver is applicable only for the purpose of relieving the need to meet 
the interim transportation conformity test for the Chicago area. In 
addition, the policy related to processing the NOX waivers for 
transportation conformity has been coordinated at the national level.

Comment

    Both Connecticut and the NYSDEC are concerned that the waiver for 
Chicago will create economic hardship and a need for increased emission 
reductions in the northeast.

Response

    The USEPA has taken steps to assure that downwind areas will not be 
negatively impacted by NOX exemptions. The USEPA intends to use 
its authority under section 110(a)(2)(D) to require a State to reduce 
NOX emissions from stationary and/or mobile sources where there is 
evidence, such as photochemical grid modeling, showing that the 
NOX emissions could contribute significantly to nonattainment in, 
or interfere with maintenance by, any other State or in another 
nonattainment area within the same State. This action would be 
independent of any action taken by USEPA on a NOX exemption 
request under section 182(f) or 182(b)(1). That is, USEPA action to 
grant or deny a NOX exemption request under section 182(f) or 
182(b)(1) for any area would not shield that area from USEPA action to 
require NOX emission reductions, if necessary, under section 
110(a)(2)(D).
    Significant new modeling analyses are being conducted by LADCO, 
USEPA and other agencies as part of the Ozone Transport Assessment 
Group (OTAG) process. The OTAG is a consultative process among the 
eastern States and USEPA. The OTAG process, which ends at the close of 
1996, assesses national and regional control strategies, using improved 
modeling techniques. The goal of the OTAG process is for USEPA and the 
affected States to reach consensus on the additional regional and 
national emissions reductions that are needed for attainment of the 
ozone standard. Based on the results of the OTAG process, States are 
expected to submit by mid-1997 attainment plans which show attainment 
through local, regional, and national controls.
    The OTAG plans to complete additional modeling between now and 
September 1996 using emissions data and strategies currently being 
developed among OTAG workgroups. These new analyses will improve the 
information available on NOX and VOC impacts on ozone 
concentrations both in the LADCO area and over the eastern half of the 
United States. These analyses will for example, provide more accurate 
boundary conditions for the LADCO area analyses; this provides greater 
accuracy in both the attainment plan and in the decision regarding 
NOX reductions contribution to attainment.
    In light of the modeling completed thus far and considering the 
importance of the OTAG and attainment plan modeling efforts, USEPA 
grants this waiver on a contingent basis. As the OTAG modeling results 
and control recommendations are completed in 1996, this information 
will be incorporated into the attainment plans being developed by the 
LADCO States. When these attainment plans are submitted to USEPA in 
mid-1997, these new modeling analyses will be reviewed to determine if 
the NOX waiver should be continued, altered or removed.
    The attainment plans will supersede the initial modeling results 
which are the basis for the waiver which the USEPA grants in this 
notice. To the extent the attainment plans include NOX controls on 
certain major stationary sources or mobile sources in the LADCO 
nonattainment areas, USEPA will remove the NOX waiver for those 
sources. To the extent that plans achieve attainment without additional 
NOX reductions from certain sources, the NOX reductions would 
be considered excess reductions and, thus, the exemption would continue 
for those sources. USEPA's rulemaking action to reconsider this initial 
NOX waiver may occur simultaneously with rulemaking action on the 
attainment plans.

Comment

    The State of Connecticut is concerned that the LADCo modeling does 
not look at the larger regional issues. The USEPA Regional Oxidant 
Model showed that NOX controls were necessary for large portions 
of the United States to reach attainment.

Response

    Direct comparisons of ROM and UAM-V results must be conducted with 
caution and may produce conflicting results even though both modeling 
systems are performing adequately. The UAM-V modeling system is 
theoretically more complete and incorporates improved scientific 
principles and more area-specific input data. ROM, on the other hand, 
is a simpler modeling system with lower spatial resolution, more 
uncertain emission estimates, and no special treatment of 
meteorological phenomena, such as lake-breeze effects (critical factors 
in the Lake Michigan area), and individual source plumes for large 
sources. These differences in model formulation and data input 
resolution as well as differences in output resolution may preclude 
direct comparisons of the two models.
    The significant new modeling analyses being conducted by LADCO, 
USEPA and other agencies as part of the OTAG process will address the 
issues of regional and local transport, as stated above.

Comment

    The American Lung Association (ALA) and Citizens Commission for 
Clean Air in the Lake Michigan Basin (CCCALMB) comment that 
transportation conformity exemptions under section 182(b)(1) waive only 
the 

[[Page 5294]]
section 176(c)(3)(A)(iii) requirement to contribute to specific annual 
reductions of NOX. NOX emissions must still be accounted for 
in the modeling and thus Illinois should submit NOX emissions 
budgets along with the VOC budgets in the attainment and 15 percent 
plan submittals.

Response

    The USEPA published a final rule amending the transportation 
conformity rule on November 14, 1995, (60 FR 57179) which addresses the 
issue of conformity to NOX budgets in control strategy SIPs when a 
NOX waiver for transportation conformity has been approved. The 
final rule is based on the August 29, 1995, (60 FR 44790) proposed rule 
and comments which were received on that proposal. The final rule 
requires consistency with NOX motor vehicle emissions budgets in 
control strategy SIPs regardless of whether a NOX waiver has been 
granted. However, the need to comply with the NOX build/no-build 
test and less than 1990 tests for NOX no longer apply to ozone 
nonattainment areas receiving a NOX waiver. Furthermore, some 
flexibility is possible for areas that have been issued a NOX 
waiver based upon air quality modeling data. This flexibility is 
described in the notice (60 FR 57183). The NOX budget provisions 
will be effective 90 days from November 14, 1995. The Illinois NOX 
exemption SIP revision request was submitted pursuant to section 
182(b)(1) as provided for by the amended transportation conformity 
rule.
    As noted previously, in light of the modeling completed thus far 
and considering the importance of the OTAG and attainment plan modeling 
efforts, USEPA is granting this waiver on a contingent basis. As the 
OTAG modeling results and control recommendations are completed in 
1996, this information will be incorporated into the attainment plans 
being developed by the LADCO States, including Illinois. When these 
attainment plans are submitted to USEPA in mid-1997, these new modeling 
analyses will be reviewed to determine if the NOX waiver should be 
continued, altered or removed.
    In this action, USEPA is exempting the Chicago nonattainment area 
from the transportation conformity requirement to achieve further 
reductions of NOX. The 15 percent plan which is the current 
control strategy SIP for the area does not establish a NOX budget 
for motor vehicles. Future modeling for the attainment demonstration 
will set future NOX emissions budgets or demonstrate that NOX 
emissions may grow without affecting attainment.

Comment

    The ALA and CCCALMB notes that NOX contributes to decreased 
visibility, acidic deposition, fine particulates and nitrate loading in 
the Great Lakes.

Response

    The focus of the NOX waiver test relied on by Illlinois is on 
whether NOX reductions contribute to attainment of the ozone NAAQS 
in the Chicago nonattainment area and, by its terms, does not require 
consideration of overall NOX reduction benefits. Other air 
pollution problems are being dealt with as part of separate regulatory 
activities such as the acid rain program and FMVPC. None of the 
NOX reduction programs in place or under development to address 
other air quality objectives are deleted or diminished by issuance of 
this waiver

Comment

    The ALA and CCCALMB comment that a ``super-regional'' NOX 
strategy should be adopted before USEPA permanently grants NOX 
exemptions. Although the Ozone Transport Assessment Group (OTAG) is 
working on a strategy, there is no guarantee that the work will be 
completed.

Response

    As discussed previously, in light of the modeling completed thus 
far and considering the importance of the OTAG and attainment plan 
modeling efforts, USEPA grants this waiver on a contingent basis. As 
the OTAG modeling results and control recommendations are completed in 
1996, this information will be incorporated into the attainment plans 
being developed by the LADCO States. When these attainment plans are 
submitted to USEPA in mid-1997, these new modeling analyses will be 
reviewed to determine if the NOX waiver should be continued, 
altered or removed.
    The Chicago attainment plan will supersede the initial waiver which 
USEPA grants in this notice. If the attainment plan relies on NOX 
controls on mobile sources in the Chicago nonattainment area to 
demonstrate attainment, USEPA will remove the NOX waiver for those 
sources. To the extent the plans achieve attainment without additional 
NOX reductions in the Chicago area, the NOX exemption would 
continue for those sources. USEPA's rulemaking actions to reconsider 
the initial NOX waiver may occur simultaneously with rulemaking 
action on the attainment plans.

III. Final Action

    The USEPA is approving a waiver under section 182(b)(1) of the 
NOX transportation conformity requirements for a build/no-build 
and less than-1990 interim test for the Chicago ozone nonattainment 
area as requested by the State of Illinois. In light of the modeling 
completed thus far and considering the importance of the OTAG process 
and attainment plan modeling efforts, USEPA grants this NOX waiver 
on a contingent basis. As the OTAG modeling results and control 
recommendations are completed in 1996, this information will be 
incorporated into attainment plans being developed by the LADCO States. 
When these attainment plans are submitted to USEPA in mid-1997, these 
new modeling analyses will be reviewed to determine if the NOX 
waiver should be continued, altered, or removed. USEPA's rulemaking 
action to reconsider the initial NOX waiver may occur 
simultaneously with rulemaking action on the attainment plans.
    The USEPA also reserves the right to require NOX emission 
controls for transportation sources under section 110(a)(2)(D) of the 
Act if future ozone modeling demonstrates that such controls are needed 
to achieve the ozone standard in downwind areas.
    This action will become effective on March 13, 1996.

IV. Miscellaneous

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. The USEPA shall consider each request for revision to the SIP 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. 

[[Page 5295]]
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    This approval does not create any new requirements. Therefore, I 
certify that this action does not have a significant impact on any 
small entities affected. Moreover, due to the nature of the Federal-
State relationship under the Act, preparation of the regulatory 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of the 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 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the 
USEPA must prepare a budgetary impact statement to accompany any 
proposed or final rule that includes a Federal mandate that may result 
in estimated costs to State, local, or tribal governments in the 
aggregate; or to the private sector, of $100 million or more. Under 
Section 205, the USEPA must select the most cost-effective and least 
burdensome alternative that achieves the objectives of the rule and is 
consistent with statutory requirements. Section 203 requires the USEPA 
to establish a plan for informing and advising any small governments 
that may be significantly or uniquely impacted by the rule.
    The USEPA has determined that the approval action promulgated today 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector.
    This Federal action will relieve requirements otherwise imposed 
under the Act, and hence does not impose any federal intergovernmental 
mandate, as defined in section 101 of the Unfunded Mandates Act. 
Accordingly, no additional costs to State, local, or tribal 
governments, or the private sector, result from this action.
    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 April 12, 1996. 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 rule, 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) of the Act).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Conformity, Oxides 
of nitrogen, Ozone, Transportation conformity.

    Dated: January 23, 1996.
 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 (l) to read as 
follows:


Sec. 52.726  Control Strategy: Ozone.

* * * * *
    (l) Approval--The United States Environmental Protection Agency is 
approving under section 182(b)(1) of the Clean Air Act the exemption of 
the Chicago severe, ozone nonattainment area from the build/no-build 
and less than-1990 interim transportation conformity oxides of nitrogen 
requirements as requested by the State of Illinois in a June 20, 1995 
submittal. In light of the modeling completed thus far and considering 
the importance of the OTAG process and attainment plan modeling 
efforts, USEPA grants this NOX waiver on a contingent basis. As 
the OTAG modeling results and control recommendations are completed in 
1996, this information will be incorporated into attainment plans being 
developed by the LADCO States. When these attainment plans are 
submitted to USEPA in mid-1997, these new modeling analyses will be 
reviewed to determine if the NOX waiver should be continued, 
altered, or removed. USEPA's rulemaking action to reconsider the 
initial NOX waiver may occur simultaneously with rulemaking action 
on the attainment plans. The USEPA also reserves the right to require 
NOX emission controls for transportation sources under section 
110(a)(2)(D) of the Act if future ozone modeling demonstrates that such 
controls are needed to achieve the ozone standard in downwind areas. 
The Chicago severe ozone nonattainment area includes the Counties of 
Cook, DuPage, Grundy (Aux Sable and Gooselake Townships), Kane, Kendall 
(Oswego Township), Lake, McHenry, and Will.

[FR Doc. 96-2966 Filed 2-9-96; 8:45 am]
BILLING CODE 6560-50-P