[Federal Register Volume 65, Number 43 (Friday, March 3, 2000)]
[Proposed Rules]
[Pages 11525-11536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5203]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL164-1a; FRL-6546-7]


Approval and Promulgation of Air Quality Plans; Illinois; Post-
1996 Rate of Progress Plan for the Chicago Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve, through parallel processing, 
a proposed Post-1996 Rate-Of-Progress (ROP) Plan submitted by the State 
of Illinois for the Chicago Ozone Nonattainment Area. Illinois 
originally submitted a Post-1996 ROP Plan on December 18, 1997, as a 
requested revision the State Implementation Plan (SIP) for ozone. A 
Post-1996 ROP Plan is required for the Chicago Ozone Nonattainment Area 
under the Clean Air Act (Act). The State submitted proposed amendments 
to the plan on December 17, 1999, January 14, 2000, and January 21, 
2000, with a request for EPA to parallel process a rulemaking on the 
proposed plan as amended. The purpose of the Post-1996 ROP Plan is to 
reduce ground-level ozone (smog) pollution in the Chicago Metropolitan 
Area. The submitted proposed plan shows that Illinois reduced emissions 
of ozone-forming pollutants by 9% by November 15, 1999. These 
pollutants include emissions of Volatile Organic Compounds (VOC), and 
Oxides of Nitrogen (NOX). The submittal also includes a 
demonstration that the Chicago Area has achieved a sufficient emission 
reduction needed to meet contingency measure requirements under the 
Act. In addition, EPA is proposing in this rulemaking to approve as a 
revision to the SIP certain Transportation Control Measures (TCM) 
included in the plan. EPA will take final rulemaking action once 
Illinois adopts and submits the final Post-1996 ROP Plan. If the final 
adopted plan is significantly different from the proposed plan, which 
is the basis of this parallel proposed rulemaking, EPA will repropose 
its rulemaking.

DATES: Written comments must be received on or before April 3, 2000.

ADDRESSES: You should address written comments to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.

[[Page 11526]]

    You can access copies of the SIP revision request and Technical 
Support Document (TSD) for this rulemaking action at the following 
address:

U.S. Environmental Protection Agency, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (We 
recommend that you telephone Mark J. Palermo at (312) 886-6082 before 
visiting the Region 5 Office).

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental 
Protection Specialist, at (312) 886-6082.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' are used, we mean EPA.
    The supplemental information is organized in the following order:

I. What is EPA proposing to approve in this action?
II. The Post-1996 ROP Plan.
    What is a Post-1996 ROP Plan?
    What is the contingency measure requirement?
    What environmental benefits does the Post-1996 ROP Plan provide?
    What counties are in the Chicago Ozone Nonattainment Area?
    Who is affected by the proposed Illinois Post-1996 ROP Plan?
    What public review opportunities were provided?
    What criteria must a Post-1996 ROP Plan meet to be approved?
    What are the special requirements for claiming NOX 
reductions?
III. Illinois' Calculation of the Needed ROP Reduction.
    How does Illinois demonstrate that it meets the requirements for 
claiming NOX reductions?
    How did Illinois calculate the needed ROP and contingency 
measure reduction?
    A. Proportion of VOC to NOX Emission Reduction.
    B. Emission Baselines.
    C. 1999 Emission Target Level to Meet 9% Reduction.
    D. 1999 Projected Growth Level.
    E. Emission Reduction Needed for 9% Reduction Net-Of-Growth.
    F. Calculation of the Needed Contingency Measure Reduction.
IV. The proposed Illinois Post-1996 ROP Plan Control Strategies.
    What are the criteria for acceptable control strategies?
    What are the control strategies under the proposed Illinois 
Post-1996 ROP Plan?
    A. Point/Area Sources.
    1. Title IV Acid Rain Power Plant Controls.
    2. 1999 Cold Cleaning Degreasing.
    3. Stepan Batch Processes.
    4. Municipal Solid Waste Landfills.
    5. Coke Oven By-Product Plants.
    B. Mobile/Nonroad Sources.
    1. Enhanced I/M Program.
    2. Phase I Reformulated Gasoline.
    3. Post-1994 Tier 1 Vehicle Emission Rates.
    4. 1992 Vehicle I/M Program Amendments.
    5. Federal Gasoline Detergent Additive.
    6. Federal Non-Road Small Engine Standards.
    7. Federal Non-Road Heavy-Duty Engine Standards.
    8. Clean-Fuel Fleet Vehicle Program.
    9. Energy Policy Act.
    10.TCMs.
    What are the Federal Register citations for the federal approval 
or promulgation of the control measures?
    How were the emission reductions to be achieved through the 
control strategies calculated?
    What are the emission reductions to be achieved through the 
control strategies?
V. EPA's approval of the TCMs in the Post-1996 ROP Plan.
    What are TCMs?
    What are the TCMs submitted with the Illinois Post-1996 ROP 
Plan?
    How do TCMs become approvable as revisions to the SIP?
    Are the Chicago Area 1996-1999 TCMs approvable?
VI. EPA review of the proposed Illinois Post-1996 ROP Plan.
    Why is the proposed Illinois Post-1996 ROP Plan approvable?
    Why is the contingency measure portion of the plan approvable?
VII. Transportation Conformity Mobile Source Budget.
VIII. Proposed Rulemaking Action.
IX. Administrative Requirements.
    A. Executive Order 12866.
    B. Executive Order 13132.
    C. Executive Order 13045.
    D. Executive Order 13084.
    E. Regulatory Flexibility Act.
    F. Unfunded Mandates.
    G. Submission to Congress and the Comptroller General.
    H. National Technology Transfer and Advancement Act.

I. What is EPA Proposing to Approve in This Action?

    We are proposing to approve the following:

1. The proposed Post-1996 ROP Plan for the Illinois portion of the 
Chicago Ozone Nonattainment Area;
2. The proposed contingency measure plan for this area; and,
3. TCMs implemented between 1996 and 1999 in the area.

    On December 18, 1997, the State of Illinois submitted the Post-1996 
ROP Plan for the Chicago Ozone Nonattainment Area as a requested SIP 
revision. The plan was submitted to meet the Act's requirement that the 
State demonstrate a 9% reduction of ozone producing emissions in the 
Chicago Ozone Nonattainment Area between 1996 and 1999. The State 
submitted proposed amendments to the plan on December 17, 1999, and 
January 14, 2000, with a request for EPA to parallel process, pursuant 
to the provisions of 40 CFR part 51, appendix V, its rulemaking on the 
proposed plan as amended. On January 21, 2000, Illinois EPA transmitted 
changes to the December 17, 1999, proposed plan in response to public 
comments received at the State's January 18, 2000, public hearing on 
the proposed plan. Our proposed rulemaking is based upon the Illinois 
proposed plan as amended January 21, 2000.
    We are proposing to approve the proposed plan because it adequately 
demonstrates a 9% emission reduction has occurred in the Chicago Area. 
We will take final rulemaking action once Illinois adopts and submits 
the final Post-1996 ROP Plan. If the final adopted plan is 
significantly different from the proposed plan, we will repropose 
rulemaking on the plan.
    The State also submitted with the proposed Post-1996 ROP Plan a 
proposed demonstration that the Chicago Area meets the contingency 
measure requirements of the Act. We are proposing approval of the 
proposed contingency measure demonstration because it adequately shows 
a 3% reduction in emissions beyond that which is necessary to meet the 
9% ROP plan requirement. As we will do with the Post-1996 ROP plan, 
once we receive the final adopted demonstration that the State has met 
its contingency measure requirement for the Post-1996 ROP plan, we will 
take final rulemaking action, provided that the final demonstration is 
not significantly different from the proposed demonstration.
    We are also proposing to approve certain TCMs submitted with the 
proposed Post-1996 ROP Plan as a revision to the SIP. The plan relies 
on these TCMs as part of the overall strategy to meet the 9% emission 
reduction requirement. To be creditable, the TCMs must be incorporated 
into the SIP.

II. The Post-1996 ROP Plan

What is a Post-1996 ROP Plan?

    An ROP plan is a strategy to achieve timely periodic reductions of 
emissions that produce ground-level ozone (smog) in areas that are not 
attaining the ozone National Ambient Air Quality Standards (NAAQS). A 
Post-1996 ROP Plan demonstrates how ozone-forming emissions affecting 
an area will be reduced by 9% between 1996 and 1999.
    ROP plans are a requirement of the Act under section 182. Section 
182(c)(2)(B) requires State ozone nonattainment areas classified 
serious and above to adopt and implement plans to achieve periodic 
reductions in ozone precursors (VOC and NOx) after 1996. The 
requirement is intended to ensure that an area makes progress

[[Page 11527]]

toward achieving attainment of the ozone NAAQS.
    The Post-1996 ROP reductions are to occur at a rate of 9%, net of 
emission growth, averaged over a three-year period. The States must 
achieve the first three-year 9% milestone, called the ``Post-1996 ROP 
Plan,'' by November 15, 1999. Because the Chicago Ozone Nonattainment 
Area is classified as severe, the area is subject to the Post-1996 ROP 
requirement.
    The plan contains: (1) Documentation showing how the State 
calculated the emission reduction needed on a daily basis to achieve a 
9% reduction; (2) a description of the control measures used to achieve 
the emission reduction; and (3) a description of how the State has 
determined the emission reduction from each control measure.
    On December 18, 1997, we approved a 15% ROP plan for the Chicago 
Area which showed a 15% VOC emission reduction between 1990 and 1996, 
as required under section 182(b)(1) of the Act (see 62 FR 66279). This 
15% reduction is a measure of progress toward achieving attainment. 
However, the Chicago nonattainment area has not yet reached attainment 
of the 1-hour ozone NAAQS through the 15% reduction alone. The Post-
1996 ROP Plan will assure continued progress toward achieving 
attainment by the Act's mandated date of 2007.

What is the Contingency Measure Requirement?

    In addition to the Post-1996 ROP Plan, the Illinois submittal also 
addresses contingency measures required under the Act.
    Section 172(c)(9) of the Act requires States with ozone 
nonattainment areas classified as moderate and above to adopt 
contingency measures by November 15, 1993. Such measures must provide 
for the implementation of specific emission control measures if an 
ozone nonattainment area fails to achieve ROP or to attain the NAAQS 
within the time-frames specified under the Act.
    Section 182(c)(9) of the Act requires that, in addition to the 
contingency measures required under section 172(c)(9), the contingency 
measure SIP revision for serious and above ozone nonattainment areas 
must also provide for the implementation of specific measures if the 
area fails to meet any applicable milestone in the Act.
    As provided by these sections of the Act, the contingency measures 
must take effect without further action by the State or by the EPA 
Administrator upon failure by the State to: meet ROP emission reduction 
milestones; attainment of the NAAQS by the required deadline; or other 
applicable milestones of the Act.
    Our policy, as provided in the April 16, 1992, ``General Preamble 
for the Implementation of Title I of the Clean Air Act Amendments of 
1990'' (General Preamble) (57 FR 13498), states that the contingency 
measures, in total, must generally be able to provide for 3% reduction 
of 1990 baseline emissions beyond the reduction required for a 
particular milestone year.
    While all contingency measures must be fully adopted rules or 
measures, States can use the measures in two different ways. A State 
can choose to implement contingency measures before the milestone 
deadline. Alternatively, a State may decide not to implement a 
contingency measure until an area has actually failed to achieve a ROP 
or attainment milestone. In the latter situation, the contingency 
measure emission reduction must be achieved within one year following 
identification of a milestone failure.
    In the December 18, 1997, rulemaking approving the 15% ROP Plan for 
the Chicago Area, we indicated that the 15% ROP Plan had enough 
emission reductions to provide a 3% reduction beyond the 15% reduction 
required for 1996. The General Preamble indicates that the 3% reduction 
``buffer'' must be maintained through each ROP milestone. Therefore, 
Illinois must demonstrate that the Chicago Area has enough contingency 
measure reductions in addition to the reductions claimed for the Post-
1996 ROP Plan. Because of this requirement, Illinois' proposed Post-
1996 ROP Plan identifies, for contingency purposes, an emission 
reduction beyond the reduction required for ROP.

What Environmental Benefits Does the Post-1996 ROP Plan Provide?

    The proposed Illinois Post-1996 ROP Plan shows reductions of both 
Volatile Organic Compound (VOC) and Oxides of Nitrogen (NOX) 
emissions. VOC and NOX) contribute to the formation of 
ground-level ozone in the atmosphere.
    The reactivity of ozone causes health problems because it damages 
lung tissue, reduces lung function and sensitizes the lungs to other 
irritants. When inhaled, even at low levels, ozone can:
     Cause acute respiratory problems such as shortness of 
breath, chest pain, wheezing, and coughing;
     Aggravate asthma;
     Cause significant temporary decreases in lung capacity;
     Cause inflammation of lung tissue;
     Lead to hospital admissions and emergency room visits; 
and,
     Impair the body's immune system defenses, making people 
more susceptible to respiratory illness, including bronchitis and 
pneumonia.

Repeated exposure to ozone pollution for several months may cause 
permanent structural damage to the lungs.
    Because ozone pollution usually forms in hot weather, anyone who 
spends time outdoors in the summer is at risk, particularly children, 
moderate exercisers, and outdoor workers. Children are at greatest risk 
from exposure to ozone because their respiratory systems are still 
developing and are more susceptible to environmental threats. Children 
also breathe more air per pound of body weight than adults, thus 
increasing their exposure.
    People with existing lung disease, including asthma, chronic 
bronchitis, and emphysema, are at particular risk from high ozone 
levels. Since they already suffer from reduced ability to breathe, 
these individuals are often greatly affected by the increased 
impairment that can result from exposure to ozone.
    Ozone also affects vegetation and ecosystems, leading to reductions 
in agricultural and commercial forest yields, reduced growth and 
survivability of tree seedlings, and increased plant susceptibility to 
disease, pests, and other environmental stresses (e.g., harsh weather). 
In long-lived species, these effects may become evident only after 
several years or even decades, thus having the potential for long-term 
effects on forest ecosystems. Ground-level ozone damage to the foliage 
of trees and other plants also can decrease the aesthetic value of 
ornamental species as well as the natural beauty of our national parks 
and recreation areas.
    The overall 9% ROP reduction includes VOC emissions reductions from 
sources (industries, vehicles, etc.) within the Chicago Ozone 
Nonattainment Area, and NOx emission reductions from sources within the 
State boundaries, but outside the Chicago Ozone Nonattainment Area.
    Although the proposed plan's NOx reductions come from outside the 
nonattainment area, the reductions are nonetheless creditable toward 
meeting the overall required ROP reduction. (See ``What are the special 
requirements for claiming NOx reductions?,'' below). This is because 
downstate NOx emissions contribute to ozone formation in the Chicago 
Ozone Nonattainment Area, and reducing such emissions

[[Page 11528]]

helps the Chicago Area achieve attainment of the ozone NAAQS.
    It should be noted that the Illinois ROP plan documentation refers 
to the term ``Volatile Organic Material'' (VOM) rather than VOC. The 
State's definition of VOM is equivalent to EPA's definition of VOC. The 
two terms are interchangeable when discussing volatile organic 
emissions. For consistency with the Act and EPA policy, we are using 
the term VOC in this rulemaking.

What Counties are in the Chicago Ozone Nonattainment Area?

    The Illinois portion of the Chicago Ozone Nonattainment Area 
includes the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, 
and the townships of Aux Sable and Goose Lake in Grundy County, and 
Oswego in Kendall County.

Who is Affected by the Proposed Illinois Post-1996 ROP Plan?

    The proposed Post-1996 ROP Plan does not create any new control 
requirements. Rather, it is a demonstration that existing regulations 
and control programs will achieve a 9% emission reduction.
    The proposed Post-1996 ROP Plan refers to various emission control 
regulations that have contributed to achieving the 9% emission 
reduction for the Chicago Area. These regulations, both federal and 
State, affect a variety of industries, businesses, and, through the 
vehicle inspection and maintenance program, motor vehicle owners. 
However, these regulations are already federally enforceable through 
SIP revision or EPA promulgation.
    The TCMs submitted with the proposed Post-1996 ROP Plan are the 
only State ROP measures that are not already part of the federally 
approved SIP. We are proposing to approve these TCMs in this rulemaking 
action, and we discuss the TCM proposed approval in part V of this 
document.

What Public Review Opportunities Were Provided?

    The Illinois Environmental Protection Agency (Illinois EPA) held a 
public hearing on October 24, 1997, in Chicago, Illinois, to receive 
public comment on the proposed plan. The State held an additional 
public hearing for amendments to the proposed plan on January 18, 2000, 
in Chicago, Illinois. The State's comment period closed on February 8, 
2000. Illinois EPA will formally respond to the comments, and will 
submit a Responsiveness Summary to us when it submits its final Post-
1996 ROP Plan.

What Criteria Must a Post-1996 ROP Plan Meet to be Approved?

    Section 182(c)(2)(B) establishes certain elements a Post-1996 ROP 
Plan must satisfy for approval. These elements are: (1) Emission 
baseline; (2) emission target level; (3) accounting for growth 
projections; and (4) emission reduction estimates from plan control 
measures. Through these elements, the plan must show that the 
nonattainment area will achieve a 9% emission reduction by November 15, 
1999.
    We have issued several guidance documents for States to use in 
developing approvable Post-1996 ROP Plans. These documents address such 
topics as: (1) The relationship of ROP plans to other SIP elements 
required by the Act; (2) calculation of baseline and emission target 
level; (3) procedures for projecting emission growth; and (4) 
methodology for determining emission reduction estimates for various 
control measures, including federal emission control measures.
    Our January 1994, guidance document, Guidance on the Post-1996 
Rate-Of-Progress Plan and the Attainment Demonstration, provides States 
with the appropriate methods to calculate the emission reductions 
needed to meet the 9% ROP requirement. A complete list of ROP guidance 
documents is provided in the TSD for this rulemaking, which can be 
obtained from the Region 5 office at the address indicated above.

What are the Special Requirements for Claiming NOX 
Reductions?

    If a Post-1996 ROP Plan relies on NOX reductions, it is 
subject to certain requirements. Under section 182(c)(2)(C) of the Act, 
a plan can substitute NOX reductions for VOC if the 
resulting ozone reduction is at least equivalent to the ozone reduction 
that would occur under a plan that relies only on VOC reductions. As 
required by section 182(c)(2)(C), we issued guidance concerning the 
conditions for demonstrating equivalency. Our guidance provides that 
the NOX substitution strategy must show that the sum of the 
creditable VOC and NOX reductions equal a 9% reduction from 
1990 baseline emissions. Moreover, the State must provide technical 
justification that the NOX reductions will reduce ozone 
concentrations within the area.
    On December 29, 1997, we issued a policy memorandum entitled, 
``Guidance for Implementing the 1-Hour Ozone and Pre-Existing PM10 
NAAQS.'' The policy provides that States included in the core part of 
the Ozone Transport Assessment Group (OTAG) domain can claim credit for 
NOX reductions that occur within the State's boundaries. 
(For more information on OTAG, see http://www.epa.gov/ttn/rto/otag). 
Illinois is within the core OTAG domain. Consequently, the State can 
claim NOX reductions from outside the Chicago Ozone 
Nonattainment Area, but within the State's boundaries, for its Post-
1996 ROP Plan, provided the State submits a technical analysis showing 
that NOX reductions will reduce ozone concentrations in the 
nonattainment area.
    The December 1997 policy also states that a nonattainment area 
which has been granted a NOX waiver can still claim 
NOX reductions from outside the nonattainment area, but 
within the State's boundaries, if such reductions will reduce ozone 
concentrations within the nonattainment area. We granted a 
NOX waiver for the Chicago Ozone Nonattainment Area on 
January 26, 1996 (61 FR 2428). NOX waivers are allowed under 
section 182(f) of the Act. A State can obtain a waiver to exempt an 
area from local NOX control requirements if it can show that 
local NOX reductions are not beneficial for attainment of 
the ozone NAAQS. Illinois made this demonstration for the Chicago Ozone 
Nonattainment Area, and a NOX waiver was granted. However, 
OTAG modeling has shown that several NOX waiver areas 
actually benefit from NOX reductions downwind. Therefore, 
under the December 1997 policy, a State can credit NOX 
reductions outside a NOX waiver area, but within the State's 
boundaries, if the State provides a technical analysis showing the 
reductions will lower ozone concentrations within the nonattainment 
area.

III. Illinois' Calculation of the Needed ROP Reduction

How Does Illinois Demonstrate That It Meets the Requirements for 
Claiming NOX Reductions?

    To justify claiming attainment area NOX reductions for 
ROP, Illinois submitted results of both the OTAG regional ozone 
modeling study, and ozone modeling done in January 1999 by the Lake 
Michigan Air Directors Consortium. The modeling results show that 
downstate NOX reductions contribute to a reduction of ozone 
background concentrations in the Chicago Area. Illinois, therefore, 
satisfies the requirement set forth in the December 1997 policy that 
NOX reductions outside the nonattainment area must reduce 
ozone concentrations

[[Page 11529]]

within the nonattainment area to be creditable as ROP reductions.

How Did Illinois Calculate the Needed ROP and Contingency Measure 
Reduction?

    The following tables summarize the State's Post-1996 ROP 
calculations for determining the needed 9% ROP and 3% contingency 
measure emission reductions.

Required Emission Reduction by 1999 for the Chicago Area

    ROP based on NOX Substitution in the Ozone Attainment 
Area

    VOC = 2%; NOX = 7%

                      Needed VOC Reduction by 1999
------------------------------------------------------------------------
                                                           Tons VOC/day
------------------------------------------------------------------------
              Calculation of the VOC Target Level for 1999
------------------------------------------------------------------------
1990 Chicago Area Total VOC Emissions...................        1,363.40
1990 ROP VOC Emissions (Anthropogenic only).............        1,216.56
1990-99 Noncreditable Reductions........................          179.57
1990 Adjusted Base Year Emissions (1990 ROP Emissions           1,036.99
 minus Noncreditable Reductions)........................
2% of Adjusted Base Year Emissions......................           20.74
1999 Fleet Turnover Correction Factor...................           28.46
1996 Target Level (From 15% ROP Plan)...................          857.02
1999 Target Level (1996 Target Level minus 2% Reductions          807.82
 minus Fleet Turnover Correction Factor)................
------------------------------------------------------------------------
          Calculation of the Needed VOC Reduction Net-of-Growth
------------------------------------------------------------------------
1996 VOC Emissions with 15% ROP Plan Measures...........          835.81
1999 Projected VOC Emissions (1996 VOC Emissions Grown            929.61
 to 1999 plus Noncreditable Emission Reductions Only)...
VOC Creditable Reduction Needs by 1999 Net-of-Growth              121.79
 (1999 Projected Emissions minus 1999 Target Level).....
Contingency Measure Requirement (3% of Adjusted Base               31.11
 Year Emissions)........................................
                                                         ---------------
    TOTAL VOC EMISSION REDUCTIONS REQUIRED..............          152.90
------------------------------------------------------------------------


                      Needed NOX Reduction by 1999
------------------------------------------------------------------------
                                                           Tons NOX/day
------------------------------------------------------------------------
              Calculation of the NOX Target Level for 1999
------------------------------------------------------------------------
1990 Attainment Area Total NOX Emissions................         2085.80
1990 ROP NOX Emissions (Anthropogenic only).............         2085.80
1990-99 Noncreditable Reductions........................          128.26
1990 Adjusted Base Year Emissions (1990 ROP Emissions            1957.54
 minus Noncreditable Reductions)........................
7% of Adjusted Base Year Emissions......................          137.03
1999 Target Level (1990 Adjusted Base Year Emissions             1820.51
 minus 7% Reductions)...................................
------------------------------------------------------------------------
          Calculation of the Needed NOX Reduction Net-of-Growth
------------------------------------------------------------------------
1999 Projected NOX Emissions (1996 NOX Emissions Grown           2063.03
 to 1999 plus Noncreditable Emission Reductions Only)...
Creditable Reduction Needs by 1999 Net-of-Growth (1999            242.52
 Projected Emissions minus 1999 Target Level)...........
Contingency Measure Requirement (All Contingency Coming                0
 From VOC Portion of ROP Plan)..........................
                                                         ---------------
    TOTAL NOX EMISSION REDUCTION REQUIRED...............          242.52
------------------------------------------------------------------------

    Using EPA guidance, Illinois calculated the needed emissions 
reduction by taking the following steps:

A. Determine what proportion of the 9% reduction is VOC and what 
proportion is NOX.
B. Establish the emission baselines for both VOC and NOX.
C. Calculate the emission target levels to meet the overall 9% 
reduction by 1999.
D. Estimate the projected emission growth that would occur if no 9% 
emission reduction takes place.
E. Subtract the projected emission level from the emission target to 
determine the VOC and NOX emission reduction needed, net of 
growth.
F. Calculate the needed contingency measure reduction.
    The State obtained data for developing the plan from the Chicago 
Ozone Nonattainment Area 15% ROP Plan, EPA guidance documents, and 
information received from industry and public agencies.
A. Proportion of VOC to NOX Emission Reduction
    Illinois' proposed Post-1996 ROP Plan relies on both VOC and 
NOX reductions to meet the 9% reduction in ozone precursors. 
Under Illinois' proposed plan, 2% of the required ROP reductions are 
VOC reductions in the Chicago Ozone Nonattainment Area, and 7% are 
NOX reductions from within the State, but outside the ozone 
nonattainment area.
B. Emission Baselines
    Under our Post-1996 policy, plans that rely on both VOC and 
NOX reductions should have separate emission baselines for 
each pollutant. The Act requires baselines to represent 1990 
anthropogenic emissions on a peak ozone season weekday basis. Peak 
ozone season weekday emissions represent the average daily emissions of 
weekdays

[[Page 11530]]

that occur during the peak 3-month ozone period of June through August.
    Illinois used the Chicago Area's 1990 base year emission inventory 
as the basis for the VOC baseline. We approved the Chicago Area 1990 
inventory as a SIP revision on March 14, 1995 (see 60 FR 13631). dddd
    For the NOX baseline, Illinois used the 1990 statewide 
NOX emission inventory it submitted to EPA in response to 
the NOX SIP Call (see Federal Register 63 FR 57356, October 
27, 1998). The NOX baseline consists of the 1990 emissions 
which occurred statewide, but excluding emissions from the Chicago and 
Metro-East St. Louis ozone nonattainment areas. The State excluded the 
nonattainment area emissions from the baseline because the State is 
relying on NOX reductions only from the State's ozone 
attainment area, and because the State has an approved waiver from 
NOX emission controls in the Chicago Ozone Nonattainment 
Area. Illinois EPA's technical analysis for supporting NOX 
substitution shows that NOX reductions which occur in the 
attainment area reduces ozone concentrations in the Chicago Ozone 
Nonattainment Area. Therefore, Illinois' NOX baseline is 
consistent with the technical analysis Illinois submitted for 
justifying NOX substitution in the Chicago Ozone 
Nonattainment Area.
    The Act requires that the ROP baseline be ``adjusted'' to exclude 
emissions eliminated by the Federal Motor Vehicle Control Program 
(FMVCP) and Federal Reid Vapor Pressure (RVP) regulations promulgated 
before November 15, 1990. Because these regulations were promulgated 
before the 1990 amendments to the Act, the Act prohibits States from 
claiming ROP reductions from these regulations. To achieve an accurate 
ROP target, however, the State must subtract the noncreditable 
reductions from the baseline to reflect the impact of these reductions 
on 1999 emissions. The resulting inventory is called the ``adjusted 
base year inventory.''
    The adjusted base year inventory under the proposed Illinois Post-
1996 ROP Plan is different than the adjusted inventory used under the 
15% ROP Plan. This is because the emission reduction associated with 
the FMVCP program change over time as fleet turnover occurs, i.e., old 
vehicles in an area are replaced with new vehicles. Illinois EPA 
determined the emission reduction associated with the noncreditable 
FMVCP and RVP programs by using our MOBILE emission factors program.
C. 1999 Emission Target Level To Meet 9% Reduction
    After the State establishes the adjusted base year emission 
inventories, the next step is to calculate the VOC and NOX 
emission target levels for 1999. The January 1994 EPA policy document, 
Guidance on the Post-1996 Rate-Of-Progress Plan and the Attainment 
Demonstration, provides the method for calculating target levels. To 
calculate the VOC target, the State first identified the previous 
milestone target, which in this case is the 1996 target level under the 
15% plan. From the 1996 target level, the State subtracted (1) the 
percent reduction required to meet the ROP requirement, and (2) the 
fleet turnover correction factor.
    The State obtained the 1996 VOC target level from the 15% ROP Plan. 
The percent reduction used is 2% of the adjusted base year inventory. 
The fleet turnover correction factor represents the emission reduction 
that has occurred under the pre-1990 Act FMVCP and RVP regulations 
between consecutive milestone years, i.e., 1996 to 1999. Since the 1996 
target level and the 2% ROP reduction do not factor in these 
reductions, the fleet turnover correction factor is necessary to 
accurately calculate the emission level that must be achieved by 1999.
    For NOX, a 1996 target level from a 15% plan does not 
exist. Therefore, the State needs only to subtract the 7% adjusted 
emission inventory reductions, and the noncreditable NOX 
reductions from the pre-1990 Act FMVCP program, from the 1990 adjusted 
base year emission inventory. No fleet correction factor is necessary 
when calculating the NOX target this way.
D. 1999 Projected Growth Level
    To account for source emission growth between 1990 and 1999, the 
State must develop a projected emission inventory for both VOC and 
NOX. The projected emission inventory represents what 
emissions would be in 1999 if no control measure claimed for credit in 
the Post-1996 ROP Plan had occurred.
    The State established the projected emission inventories for point, 
and nonroad source categories by taking the 1990 emission inventories 
and applying either EPA growth factors, or State justified growth 
factors. Projected vehicle emissions were established using the MOBILE 
model. The projected emission inventory for NOX is 
consistent with the emission inventory data which the State submitted 
to us in response to the NOX SIP call.
E. Emission Reduction Needed for 9% Reduction Net-Of-Growth
    According to the State's calculations, a 152.90 TPD VOC emission 
reduction is needed in the Chicago Ozone Nonattainment Area, and a 
242.52 TPD NOX emission reduction is needed in the Illinois 
Ozone Attainment Area to meet the 9% ROP requirement.
F. Calculation of the Needed Contingency Measure Reduction
    Consistent with guidance provided in the General Preamble, Illinois 
determined the needed contingency measure reduction by multiplying 3% 
of the 1990 adjusted base year emissions. Based on this calculation, 
the needed contingency measure reduction for the Chicago Area is 31.11 
TPD of VOC.

IV. The Proposed Illinois Post-1996 ROP Plan Control Strategies

What Are the Criteria for Acceptable Control Strategies?

    Under section 182(b)(1)(C) of the Act, emission reductions claimed 
for ROP must be creditable to the extent that the reductions have 
actually occurred before the applicable ROP milestone date, i.e., 
November 15, 1999.
    To meet this requirement, our policy provides that all credited 
emission reductions must be real, permanent, and enforceable. In 
addition, the plan's control measures must be adopted and implemented 
before November 15, 1999.
    Post-1996 plans must also adequately document the methods used to 
calculate the emission reduction for each control measure. Our policy 
under the ``General Preamble'' (see 57 FR 13567) provides that, at a 
minimum, the methods should follow the following four principles: (1) 
Emission reductions from control measures must be quantifiable; (2) 
control measures must be enforceable; (3) interpretation of the control 
measures must be replicable; and (4) control measures must be 
accountable.
    Section 182(b)(1)(D) of the Act places limits on what control 
measures States can include in ROP plans. All permanent and enforceable 
control measures occurring after 1990 are creditable with the following 
exceptions: (1) FMVCP requirements promulgated by January 1, 1990; (2) 
RVP regulations promulgated by November 15, 1990; (3) Reasonably 
Available Control Technology (RACT) ``Fix-Up'' regulations required 
under section 182(a)(2)(A) of the Act; and (4) Inspection and 
Maintenance (I/M) program ``Fix-Ups'' as required under section 
182(a)(2)(B) of the Act.

[[Page 11531]]

What Are the Control Strategies Under the Proposed Illinois Post-1996 
ROP Plan?

A. Point/Area Sources
1. Title IV Acid Rain Power Plant Controls
    This federal regulation requires certain power plants to limit 
NOX emissions to reduce acid rain. These NOX 
reductions, in turn, benefit the Chicago Area in dealing with its ozone 
nonattainment problem.
    Phase I of the acid rain regulation began on January 1, 1996, and 
Phase II began January 2000. Illinois is claiming credit for only those 
NOX control measures that certain power plants have 
implemented to meet the Federal acid rain rules.
    The power plants that Illinois is claiming NOX 
reductions from are the following:

----------------------------------------------------------------------------------------------------------------
                                                                                                     Emission
              Plant name                         Unit(s)                 Control technology        reduction NOX
                                                                                                        TPD
----------------------------------------------------------------------------------------------------------------
Illinois Power........................  Baldwin 1................  Selective Catalytic Reduction           50.00
Illinois Power........................  Baldwin 2................  Selective Catalytic Reduction           44.85
Illinois Power........................  Baldwin 3................  Low NOX Burner...............           16.10
Illinois Power........................  Vermillion 1-2...........  Low NOX Burner...............            5.48
Illinois Power........................  Hennepin 1-2.............  Boiler Tuning Modifications..            3.78
Electric Energy.......................  Joppa 1-6................  Low NOX Burner...............           51.85
Commonwealth Edison...................  Powerton 5-6.............  Change to Low-Sulfur Coal....           14.30
Dominion Energy.......................  Kincaid 1-2..............  Change to Low-Sulfur Coal....           18.39
Cilco.................................  Edwards 2-3..............  Low NOX Burner...............           17.18
----------------------------------------------------------------------------------------------------------------

    Baldwin 3, Vermillion 1-2, Hennepin 2, and Joppa 1-6 are subject to 
Phase I NOX emission rates under the acid rain rule. 
Powerton 5-6 and Kincaid 1-2 were required to change to low-sulfur coal 
to meet sulfur dioxide limitations under the acid rain rules; low-
sulfur coal has reduced NOX emission rates at these plants.
    Baldwin 1-2, and Edwards 2-3 are subject to the acid rain Phase II 
NOX emission limitations, which take effect January 2000. 
NOX reductions from these sources are creditable because the 
sources implemented control measures to meet the Phase II acid rain 
requirements prior to November 15, 1999. The State determined emission 
reductions using OTAG data, as well as data from Continuous Emission 
Monitors (CEM) at the plants.
2. 1999 Cold Cleaning Degreasing
    This rule establishes vapor pressure standards for cold cleaning 
degreasing solvents sold or used in the Chicago Ozone Nonattainment 
Area. Cold cleaning degreasing takes place at auto repair shops, car 
dealerships, machine shops and other metal fabrication, and 
manufacturing businesses. Cold cleaning degreasers typically consist of 
a holding tank containing solvent, connecting hoses, and a small vat 
where components are sprayed and brushed clean. The rule regulates both 
the suppliers and users of cold cleaning degreasing solvents in the 
nonattainment area. Beginning March 15, 1999, the rule limits the vapor 
pressure of solvent to 2.0 millimeters of mercury (0.038 pounds per 
square inch) measured at 20 degrees Celsius (68 degrees Fahrenheit).
3. Stepan Batch Processes
    On April 2, 1996, we approved Illinois' batch process RACT rule as 
a revision to the SIP. Under the rule, the process vents at batch 
operations must be controlled with a reduction efficiency of 90 percent 
(or down to a VOC concentration of no more than 20 parts per million 
volume). Illinois had claimed credit for the rule under the 15% plan. 
However, at the time of rulemaking on the 15% plan, we did not allow 
credit for controls at Stepan Company's Milldale facility, because of 
the uncertainty whether the controls were implemented before or after 
1990. As part of the December 17, 1999, Post-1996 ROP amended 
submittal, Illinois submitted documentation showing that the controls 
were implemented after 1990. Therefore, we are proposing to approve 
credit for the emission reductions which occurred at Stepan Company.
4. Municipal Solid Waste Landfills
    On November 23, 1998 (63 FR 64628), we approved Illinois' section 
111(d)/129 State Plan for municipal solid waste landfills. The State 
Plan includes regulations requiring the control of Non-Methane Organic 
Compound (NMOC) emissions at existing landfills that have a design 
capacity threshold of equal to or above 2.5 million megagrams (Mg) 
measured in mass units and 2.5 million cubic meters (m3) measured in 
volume units, and have an annual emissions equal to or above 50 Mg/year 
of NMOC gases. The rule adopts our March 12, 1996, Emission Guidelines 
for this source category (see 61 FR 9905). Subject landfills must 
install a well-designed and well-operated collection and control system 
to reduce NMOC gases. A portion of NMOC is VOC, and therefore landfill 
controls are creditable toward the ROP plan. In the Chicago Ozone 
Nonattainment Area, there are twelve landfills which have installed and 
are operating the required gas collection and control systems pursuant 
to construction permits.
5. Coke Oven By-Product Plants
    This Federal NESHAP applies to all furnace and foundry coke oven 
by-product recovery plants. The NESHAP requires that process vessels 
and tar storage tanks in furnace and foundry coke by-product recovery 
plants be enclosed and emissions ducted to an enclosed point in the by-
product recovery process where they will be recovered or destroyed. 
This requirement is based on the use of a gas blanketing system. The 
same requirement also applies to storage tanks for benzene, benzene-
toluene-xylene mixtures, and light-oil in furnace coke by-product 
recovery plants. The standard also calls for visual inspections and 
monitoring (leak detection and repair) as well as annual maintenance 
inspections.
    It should be noted that Illinois originally claimed credit in the 
December 18, 1997, submitted Post-1996 ROP Plan for the Emission 
Reduction Marketing System (ERMS), a new State regulation establishing 
a VOC cap and trade requirement for Chicago Area stationary sources. 
However, the ERMS program has been delayed beyond November 15, 1999. 
Therefore, Illinois is not claiming credit in the proposed Post-1996 
ROP Plan for ERMS.

[[Page 11532]]

However, Illinois EPA plans to rely on the ERMS program in future ROP 
plans.
B. Mobile/Nonroad Sources
1. Enhanced I/M Program
    The Act requires Illinois to establish an enhanced vehicle I/M 
program in the Chicago Area to achieve a higher emission reduction than 
the State's original I/M program. Enhanced I/M covers more vehicles in 
operation in the fleet and employs more effective techniques for 
finding high emitting vehicles. The new program also has additional 
features to ensure that all vehicles are tested properly and are 
effectively repaired.
    We approved the Illinois' enhanced    I/M program for the Chicago 
Ozone Nonattainment Area on February 22, 1999 (64 FR 8517). The State 
began testing vehicles under the new program on February 1, 1999.
    A single contractor, Envirotest, Inc., operates a test-only 
centralized network for inspections and re-inspection. The    I/M 
contractor has constructed or retrofitted all the emission test sites 
required under the State I/M contract.
    The Illinois I/M program requires coverage of all 1968 and newer 
gasoline-powered light-duty passenger cars and light-duty trucks up to 
8,500 pounds Gross Vehicle Weight Rating (GVWR). The program requires 
all applicable 1981 and newer vehicles to meet an IM240 exhaust test (a 
test that simulates actual driving conditions using a dynamometer). 
These vehicles must also undergo a gas cap check to reduce evaporative 
emissions. All applicable 1968 through 1980 vehicles will be subject to 
a basic idle emission exhaust test. The frequency of the test is 
biennial, with the first four years of a new vehicle excluded.
    Due to the delay in implementation of the enhanced I/M program, we 
requested Illinois EPA to revise its original estimate from 30.10 TPD 
to 15 TPD emission reduction, which represents only the level of 
emission reduction that occurred between February 1, 1999, and November 
15, 1999. Since the 15 TPD reduction does not represent the Illinois' 
program full cutpoints, additional emission reduction credit will be 
available for use in future ROP plans.
2. Phase I Reformulated Gasoline
    Beginning January 1, 1995, EPA regulations require only 
reformulated gasoline to be sold in the Chicago Ozone Nonattainment 
Area. Reformulated gasoline is specially designed to result in less VOC 
emissions occurring from motor vehicle operation and gasoline 
evaporation. Illinois ran our MOBILE model and determined that Phase I 
of the reformulated gasoline requirement achieved 65.5 TPD of 
reductions in the Chicago Area in 1999.
3. Post-1994 Tier 1 Vehicle Emission Rates
    Pursuant to section 202 of the Act, we promulgated new standards 
that tighten emission control requirements for passenger cars and 
light-duty trucks, called ``Tier I'' standards. The standards, fully 
effective in 1996, are approximately twice as stringent as pre-1990 
vehicle standards.
    Tier I standards require both VOC and NOX reduction. 
Illinois is claiming VOC reductions from Tier I that occur within the 
Chicago Ozone Nonattainment Area, and NOX reductions that 
occur within the Illinois Ozone Attainment Area.
4. 1992 Vehicle I/M Program Amendments
    In 1992, Illinois added improvements to its original I/M program as 
a result of an agreement resolving a lawsuit between Wisconsin and EPA. 
Illinois added a tamper check and two-speed idle test to the basic I/M 
program in the Chicago metropolitan area. The State also increased the 
coverage of the program over the Chicago metropolitan area. Illinois 
fully implemented these changes to the I/M program in 1992.
5. Federal Gasoline Detergent Additive
    Beginning January 1, 1995, federal regulations require that 
gasoline sold nationwide must contain additives to prevent accumulation 
of deposits in engines and fuel systems. Preventing such deposits 
maintains the efficiency of engine systems and reduces VOC emissions 
resulting from engine efficiency degradation.
6. Federal Non-Road Small Engine Standards
    Illinois is claiming emission reduction credit from two federal 
rules which affect gasoline nonroad engines, the 1995 federal emission 
standards for nonroad engines at 25 horsepower (hp) and below, and the 
1996 marine gasoline engine standards.
    The nonroad engine standards, beginning in model year 1997, 
primarily affects two stroke and four stroke lawn and garden equipment, 
and light commercial, construction, and logging equipment. The marine 
engine rule applies to marine spark-ignition engines for outboards, 
personal watercraft, and jet boats, beginning in model year 1998.
    The State estimated the emission reduction for these standards 
through using our guidance document, ``Future Nonroad Emission 
Reduction Credits for Court-Ordered Nonroad Standards,'' dated November 
28, 1994.
    The State also claimed an emission reduction for the impact the 
reformulated gasoline program has on nonroad engines. Our guidance 
document, ``VOC Emission Benefits for Nonroad Equipment with the Use of 
Federal Phase I Reformulated Gasoline,'' dated August 18, 1993, 
provides the methodology for determining the emission reduction impact 
of reformulated gasoline on nonroad engines.
7. Federal Non-Road Heavy-Duty Engine Standards
    In 1994, we promulgated national NOX emission standards 
for large nonroad Compression Ignition (CI) engines at 50 hp and above. 
Such engines include farm tractors, bulldozers, and forklifts. This 
standard is the ``Tier 1'' standard for CI engines at or above 50 hp. 
Implementation of the standard began January 1, 1996. Illinois is 
claiming credit for the NOX reductions this regulation 
achieves in the Illinois Ozone Attainment Area.
8. Clean-Fuel Fleet (CFF) Vehicle Program
    The State has a CFF rule which requires certain vehicle fleets in 
the Chicago Ozone Nonattainment Area to purchase vehicles with tighter 
emission standards than conventional vehicles. The program affects 
fleets with ten or more vehicles which can be centrally fueled. 
Beginning with model year 1999, these fleets must ensure that a certain 
percentage of new vehicle acquisitions are certified to meet EPA's Low 
Emission Vehicle (LEV) emission standards. In model year 1999, 30% of 
new light-duty vehicle acquisitions, and 50% of heavy-duty vehicle 
acquisitions made by covered fleets must be certified LEVs.
9. Energy Policy Act
    The National Energy Policy Act (EPAct) was enacted in October 1992. 
EPAct mandates implementation (use) of Alternative Fueled Vehicles 
(AFVs) in federal, State, and utility fleets. EPAct requires that 25% 
of new vehicle purchases by federal fleets, 10% of new vehicle 
purchases by State fleets, and 30% of new vehicle purchases by utility 
fleets must be AFVs beginning in 1996. Illinois EPA estimated that, by 
1996, 2,000 AFVs were operating in the Chicago Area.
10. TCMs
    See part V of this rulemaking action, ``EPA's approval of the TCMs 
in the

[[Page 11533]]

Post-1996 ROP Plan,'' for a description of the TCMs for which Illinois 
is claiming credit to meet the 9% reduction requirement.

What Are the Federal Register Citations for the Federal Approval or 
Promulgation of the Control Measures?

          Federal Approval or Promulgation of Control Measures
------------------------------------------------------------------------
       Control measure            Date of EPA approval or promulgation
------------------------------------------------------------------------
Title IV Acid Rain Power       Federal Regulation, 40 CFR 72-78, April
 Plant Controls.                13, 1995 (60 FR 18761).
1999 Cold Cleaning Degreasing  November 26, 1997 (62 FR 6295).
Batch Process Rule...........  April 2, 1996 (61 FR 14484).
Municipal Solid Waste          November 23, 1998 (63 FR 64628).
 Landfills.
Coke Oven By-Products          Federal Regulation, 40 CFR 61 Subpart L,
 Recovery NESHAP.               September 14, 1989 (54 FR 38047).
Enhanced Vehicle I/M Program.  February 22, 1999 (64 FR 8517).
Reformulated Gasoline........  Federal Regulation, 40 CFR 80, Subpart D,
                                February 16, 1994 (59 FR 7716).
Post-1994 Tier 1 Vehicle       Federal Regulation, 40 CFR 86, June 5,
 Emission Rates.                1991 (56 FR 25724).
1992 Vehicle I/M Program       April 9, 1996 (61 FR 15715).
 Amendments.
Federal Gasoline Detergent     Federal Regulation, 40 CFR 80, Subpart G,
 Additive.                      November 1, 1994 (59 FR 54706).
TCMs.........................  EPA is proposing approval today. Final
                                rulemaking action will occur on date of
                                final rulemaking action on the Post-1996
                                ROP Plan.
1992 EPAct...................  Federal Regulation, 10 CFR 490, March 14,
                                1996 (61 FR 10621).
Federal Nonroad Small          Federal Regulation, 40 CFR 90, July 3,
 Gasoline Engine Standards.     1995 (60 FR 34582).
Federal Marine Spark-Ignition  Federal Regulation, 40 CFR 91, October 4,
 Engine Standard.               1996 (61 FR 52087).
Federal Nonroad Large Diesel   Federal Regulation, 40 CFR 89, June 17,
 Engine Standards.              1994 (59 FR 31306).
CFF Vehicle Program..........  March 19, 1996 (61 FR 11139).
------------------------------------------------------------------------

How Were the Emission Reductions To Be Achieved Through the Control 
Strategies Calculated?

    We have issued several policy documents, listed in the TSD, which 
provide assumptions for States to use in quantifying emission 
reductions. We have also developed the MOBILE model for the States to 
calculate emission reductions from mobile sources.
    The State appropriately used our policy documents and MOBILE model 
for calculating emission reductions. Illinois obtained the necessary 
data for quantifying the source baselines and emission reductions from 
its 1990 emission inventory, OTAG documentation submittal, CEM data 
(for acid rain reductions), permit information, and from surveying 
affected industries. Where Illinois had to develop its own assumptions 
regarding emission reductions, the assumptions were adequately 
justified based on existing data.
    It should be noted that Illinois is claiming Post-1996 ROP credit 
for mobile and nonroad source measures that were part of the 15% ROP 
Plan, including Tier 1, I/M expansion, Phase I reformulated gasoline, 
nonroad small engine standards, federal detergent additive, and EPAct. 
However, no double-counting of emission reductions has occurred, 
because, unlike other 15% control measures, the State did not consider 
these measures when calculating the 1999 projected growth inventory. 
The State treated these reductions separately because the impact of 
these measures change over time due to fleet turnover.
    As noted in part III of this Federal Register document, the State 
calculated the projected growth in emissions assuming no 9% ROP 
reductions in place, and subtracted the 1999 target from the projected 
emissions to find the needed reduction net-of-growth. The impact on the 
plan would be the same if Illinois factored in the above control 
measures in the 1999 projected growth inventory and had not treated 
these measures as creditable Post-1996 ROP reductions. Consequently, 
Illinois can claim reductions from these measures as legitimate Post-
1996 ROP reductions.

What Are the Emission Reductions To Be Achieved Through the Control 
Strategies?

    The following tables summarize the State's VOC and NOx reduction 
claims for the Post-1996 ROP control measures, and the amount of 
reductions we find acceptable.

------------------------------------------------------------------------
                                                           VOC reduction
                                           VOC reduction      credit
             Control measure               state claimed  accepted tons/
                                             tons/day           day
------------------------------------------------------------------------
         Mobile Source Measures
Post-1994 Tier 1 Vehicle Emission Rates.           16.80           16.80
Phase I Reformulated Gasoline...........           65.50           65.50
Federal Detergent Additive Gasoline.....            2.20            2.20
1992 I/M Program Improvements...........            7.00            7.00
Enhanced I/M Program....................           30.10           15.00
Conventional TCMs.......................            2.00            2.00
National Energy Policy Act of 1992......            0.20            0.20
Federal Non-Road Small Engine Standards.           23.43           23.43
National Low Emission Vehicle Program...           (\1\)           (\1\)
Clean Fuel Fleet Vehicle Program........            0.30            0.30
                                         -------------------------------
    Subtotal............................          147.53          132.43
------------------------------------------------------------------------
        Industrial Source Measure
ERMS....................................           (\1\)           (\1\)

[[Page 11534]]

 
Stepan Batch Process Rule Credit........            9.40            9.40
Municipal Solid Waste Landfill..........            1.06            1.06
Coke Oven By-Product NESHAP.............            2.65            2.65
                                         -------------------------------
    Subtotal............................           13.11           13.11
------------------------------------------------------------------------
          Area Source Measures
1999 Cold Cleaning Degreasing Limits....           11.35           11.35
                                         -------------------------------
    Total 1999 Creditable VOC Reductions          171.99         156.89
------------------------------------------------------------------------
\1\ Deferred.


------------------------------------------------------------------------
                                                           NOX reduction
                                           NOX reduction      credit
             Control measure               state claimed  accepted tons/
                                             tons/day           day
------------------------------------------------------------------------
         Mobile Source Measures
Post-1994 Tier 1 Vehicle Emission Rates.           24.30           24.30
Federal Heavy-Duty Non-Road Engine                 15.75           15.75
 Standards..............................
                                         -------------------------------
    Subtotal............................           40.05           40.05
------------------------------------------------------------------------
       Industrial Source Measures
Title IV Acid Rain Controls.............          221.92          221.92
                                         -------------------------------
    Total 1999 Creditable NOX Reductions          261.97          261.97
------------------------------------------------------------------------

V. EPA's Approval of the TCMs in the Post-1996 ROP Plan

What Are TCMs?

    TCMs are programs that encompass elements of transportation system 
management and/or transportation demand management. Transportation 
system management strategies are typically low capital intensive 
transportation improvements that increase the efficiency of 
transportation facilities and services. Transportation demand 
management involves policies, programs, and actions directed toward 
increasing the use of high occupancy vehicles (transit, carpooling, and 
vanpooling), and the use of bicycling and walking.
    The Chicago Area Transportation Study (CATS), a Metropolitan 
Planning Organization (MPO), implements TCMs in the Chicago Area. CATS 
implements a number of TCM projects to both reduce Vehicle Miles 
Traveled (VMT) and VOC emissions per VMT. The projects have been 
programmed and funded through the areas' Transportation Improvement 
Programs (TIP) under the federal Congestion Mitigation and Air Quality 
Improvement Program (CMAQ).
    The proposed Post-1996 ROP Plan claims emission reduction credit 
for TCMs implemented between 1990 and 1996 which were not included in 
the 15% plan, and TCMs implemented between 1996 and 1999.

What Are the TCMs Submitted With the Illinois Post-1996 ROP Plan?

    CATS has documented TCM implementation and estimated emission 
reductions in the following documents:

    (1) ``Transportation Control Measures Committal to the State 
Implementation Plan,'' November 5, 1992;
    (2) ``Transportation Control Measures Contribution to the 15% Rate 
of Progress State Implementation Plan,'' December 9, 1993;
    (3) ``Transportation Control Measures Contribution to the Control 
Strategy State Implementation Plan,'' March 9, 1995;
    (4) ``Transportation Control Measures Contribution to the Post-1996 
Rate-Of-Progress State Implementation Plan,'' March 22, 1996;
    (5) ``Transportation Control Measures Contribution to the 9% 
Control Strategy State Implementation Plan,'' June 11, 1998; and,
    (6) ``1999 Transportation Control Measures Contribution to the 9% 
Rate of Progress Control Strategy State Implementation Plan,'' December 
9, 1999.

    The November 5, 1992, document provides a comprehensive discussion 
of the TCM planning and implementation process in the Chicago region. 
Illinois submitted the December 9, 1993, and March 9, 1995, documents 
with the Chicago Area VMT Offset SIP revision, and provided the basis 
for emission reductions claimed as part of the 15% ROP Plan.
    On September 21, 1995, we incorporated into the SIP 127 TCMs when 
we approved the Illinois' Vehicle Miles Traveled (VMT) Offset SIP (60 
FR 48896). As indicated in the September 21, 1995, rulemaking, the 
combined emission reduction from these TCMs is 2.78 TPD by 1996. Of 
this reduction, the State claimed 2 TPD in the 15% plan, which leaves 
0.78 TPD for use in the 9% ROP plan.
    The 1995, 1996, 1998, and 2000 TCM documents demonstrate an 
additional 1.22 TPD from TCMs which have been implemented by November 
15, 1999. These TCMs include:

(1) Improved public transportation, such as fixed guideway transit and 
rail station infrastructure improvements;
(2) Traffic flow improvements, such as traffic signalization and 
intersection and road widening;
(3) Increased park and ride service, parking at major transit stations, 
and fringe parking to serve major highway facilities; and,
(4) Bicycle and pedestrian programs, including increased bicycle lanes 
and paths, racks and storage facilities, and sidewalks and walkways.

How Do TCMs Become Approvable as Revisions to the SIP?

    States can take credit for TCMs that we have approved as revisions 
to the

[[Page 11535]]

SIP. Our requirements for TCMs are summarized in the June 1993, 
guidance document, ``Guidance on Preparing Enforceable Regulations and 
Compliance Programs for the 15 Percent Rate-of-Progress Plans,'' dated 
June 1993.
    The required elements are:
    (1) A complete description of the measure, and, if possible, its 
estimated emission reduction benefits;
    (2) Evidence that the measure was properly adopted by a 
jurisdiction(s) with legal authority to execute the measure;
    (3) Evidence that funding will be available to implement the 
measure;
    (4) Evidence that all necessary approvals have been obtained from 
all appropriate government offices;
    (5) Evidence that the implementing agencies have adopted a complete 
schedule to plan, implement, and enforce the measure; and
    (6) A description of any monitoring program to evaluate the 
measure's effectiveness and to allow for necessary in-place corrections 
or alterations.

Are the Chicago Area 1996-1999 TCMs Approvable?

    The TCM documents cited above provide the necessary documentation 
to incorporate into the SIP the TCMs implemented between 1996 and 1999 
in the Chicago Ozone Nonattainment Area.

VI. EPA Review of the Proposed Illinois Post-1996 ROP Plan

Why Is the Proposed Illinois Post-1996 ROP Plan Approvable?

    We reviewed the documentation submitted with the proposed Post-1996 
ROP Plan. From this review, we find that the proposed plan is 
approvable.
    The State provided sufficient justification that the attainment 
area NOX reductions will reduce ozone concentrations in the 
Chicago Ozone Nonattainment Area. Illinois also correctly calculated, 
following our guidance documents, the emission reduction needed to meet 
the 9% ROP reduction requirement.
    The proposed plan's control measures are creditable because the 
emissions reductions achieved are real, permanent, and enforceable. All 
claimed emission reductions from the plan's control measures occurred 
by November 15, 1999, the Act's deadline by which creditable reductions 
are to occur.
    The State's emission reduction estimates for the control strategies 
follow our guidance documents, where applicable, and are adequately 
documented with acceptable emission control assumptions.
    Finally, the proposed Post-1996 ROP Plan shows that it will achieve 
a 9% reduction of ozone precursor emissions affecting the Chicago Ozone 
Nonattainment Area.

         Comparison of Needed and Creditable Emission Reductions
------------------------------------------------------------------------
 
----------------------------------------------------------
VOC Reduction Needed to Meet    121.79 TPD
 2% ROP.
VOC Reduction Needed to Meet    31.11 TPD
 3% Contingency.
VOC Reduction Needed for ROP    152.90 TPD
 and Contingency.
Total Creditable VOC Reduction  156.89 TPD
NOX Reduction Needed to Meet    242.52 TPD
 7% ROP.
Total Creditable NOX Reduction  261.97 TPD
------------------------------------------------------------------------

    For these reasons, we are proposing to approve Illinois' proposed 
Chicago Area Post-1996 ROP Plan, under our parallel processing 
regulations at 40 CFR part 51, appendix V. We will take final 
rulemaking action once the final adopted plan is submitted, provided 
that the final submitted plan is not significantly different from the 
proposed plan.

Why Is the Contingency Measure Portion of the Plan Approvable?

    The proposed Post-1996 ROP Plan achieves, in addition to a 9% ozone 
precursor reduction, a 3% reduction in VOC through creditable control 
measures. For this reason, the contingency measure portion of the 
proposed Post-1996 ROP Plan satisfies the contingency measure 
requirements of the Act. We therefore propose to approve the 
contingency measure portion of the plan.

VII. Transportation Conformity Mobile Source Budget

    In Illinois' December 17, 1999, supplemental submittal, the State 
clearly identified in the proposed Post-1996 ROP Plan the establishment 
of the 1999 motor vehicle emissions budget of 279.3 TPD of VOC. The 
1999 budget in the supplemental submittal is a revision to the budget 
in the earlier ROP submission. The revisions in the credit granted for 
the control strategies resulted in a change to the 1999 on-road mobile 
source emissions total. This emissions level serves as the emissions 
budget for determining transportation conformity. This Federal Register 
approval will also approve the 1999 on-road mobile source budget of 
279.3 TPD of VOC.

VIII. Proposed Rulemaking Action

    In this rulemaking action, we are proposing to approve, through 
parallel processing, the proposed Illinois SIP revision, submitted on 
December 18, 1997, December 17, 1999, January 14, 2000, and January 21, 
2000, establishing the proposed Post-1996 ROP Plan and contingency 
measures for the Chicago Ozone Nonattainment Area. We are also 
proposing to approve certain TCMs which were submitted with the Post-
1996 ROP Plan and were implemented between 1996 and 1999. We are taking 
this action pursuant to parallel processing regulations under 40 CFR 
part 51, appendix V.

IX. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Order 12612 (Federalism) and Executive Order 12875 (Enhancing 
the Intergovernmental Partnership). Executive Order 13132 requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This final rule will not have substantial direct effects on the 
States, on the relationship between the national

[[Page 11536]]

government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132. Thus, the requirements of section 6 of the 
Executive Order do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. If the mandate is 
unfunded, EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation.
    In addition, Executive Order 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions.
    This final rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air 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 create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
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 EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen Oxides, Ozone, Volatile Organic Compounds.

    Dated: February 24, 2000.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 00-5203 Filed 3-2-00; 8:45 am]
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