[Federal Register Volume 65, Number 243 (Monday, December 18, 2000)]
[Rules and Regulations]
[Pages 78961-78974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32026]



[[Page 78961]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL164-2; FRL 6917-7]


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: Final rule.

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SUMMARY: The EPA is approving the post-1996 Rate-of-Progress (ROP) plan 
submitted by the State of Illinois for the Chicago ozone nonattainment 
area, as a requested revision of 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 purpose of the 
post-1996 ROP plan is to incrementally reduce ground-level ozone (smog) 
pollution in the Chicago ozone nonattainment area and to provide for 
progress toward attainment of the 1-hour ozone standard in this 
nonattainment area. The submitted plan, which covers the period of 1996 
through 1999 and emission reductions occurring prior to November 15, 
1999, shows that Illinois reduced emissions of ozone-forming pollutants 
by the amounts required by the Act to occur prior to November 15, 1999. 
These pollutants include emissions of Volatile Organic Compounds (VOC) 
and Oxides of Nitrogen (NOX). The submittal includes a 
demonstration that the Chicago area has also achieved a sufficient 
emission reduction to meet contingency measure requirements under the 
Act. In addition to the post-1996 ROP plan and the contingency measure 
provisions, the EPA is approving, as a revision to the SIP, certain 
Transportation Control Measures (TCM) included in the plan. EPA is also 
approving a 1999 on-road mobile source emissions budget of 279.3 tons/
day of volatile organic compounds for the Chicago ozone nonattainment 
area. EPA proposed approval on this SIP revision submittal on March 3, 
2000. This final action addresses public comments submitted regarding 
the proposed rulemaking and the State submittal.

DATES: This final rule is effective January 17, 2001.

ADDRESSES: You can access copies of the SIP revision request and the 
Technical Support Document (TSD) for the proposed rulemaking on the SIP 
revision request 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 Edward Doty at (312) 886-6057 before visiting the Region 5 
Office).

FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist, 
U.S. Environmental Protection Agency, Air and Radiation Division (AR-
18J), 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-
6057, [email protected].

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 Approving In This Action?
II. What Is the Procedural Background of the Illinois Submittal and 
EPA Rulemaking?
III. The Illinois Post-1996 ROP Plan.
    A. What is a post-1996 ROP plan?
    B. What is the contingency measure requirement?
    C. What environmental benefits does the post-1996 ROP plan 
provide?
    D. What Illinois counties are in the Chicago ozone nonattainment 
area?
    E. Who is affected by the Illinois post-1996 ROP plan?
    F. What criteria must a post-1996 ROP plan meet to be approved?
    G. What are the special requirements for claiming NOX 
reductions?
IV. Illinois' Calculation of the Needed ROP Reduction.
    A. How does Illinois demonstrate that it meets the requirements 
for claiming NOX reductions?
    B. How did Illinois calculate the needed ROP and contingency 
measure reduction?
    1. Proportion of VOC to NOX Emission Reduction.
    2. Emission Baselines.
    3. 1999 Emission Target Level to Meet ROP Emission Reduction 
Requirement.
    4. 1999 Projected Growth Level.
    5. Emission Reduction Needed for ROP Reduction Net-Of-Growth.
    6. Calculation of the Needed Contingency Measure Emission 
Reduction.
V. The Illinois Post-1996 ROP Plan Control Strategies.
    A. What are the criteria for acceptable control strategies?
    B. What are the control strategies under the Illinois post-1996 
ROP plan?
    1. Point/Area Sources.
    a. Title IV Acid Rain Power Plant Controls.
    b. 1999 Cold Cleaning Degreasing.
    c. Stepan Batch Processes.
    d. Municipal Solid Waste Landfills.
    e. Coke Oven By-Product Plants.
    2. Mobile Sources.
    a. Enhanced Vehicle Inspection/Maintenance Program.
    b. Phase I Reformulated Gasoline.
    c. Post-1994 Tier 1 Vehicle Emission Rates.
    d. 1992 Vehicle Inspection/Maintenance Amendments.
    e. Federal Gasoline Detergent Additive.
    f. Federal Non-Road Small Engine Standards.
    g. Federal Non-Road Heavy-Duty Engine Standards.
    h. Clean-Fuel Fleet Vehicle Program.
    i. Energy Policy Act.
    j. TCMs.
    C. What are the Federal Register citations for the Federal 
approval or promulgation of the control measures?
    D. How did Illinois calculate the emission reductions for the 
control strategies?
    E. What amount of emission reduction is achieved by each control 
strategy?
VI. Public Comment on Proposed Rulemaking and EPA's Response.
VII. EPA's Approval of the TCMs in the Post-1996 ROP Plan.
    A. What are TCMs?
    B. What are the TCMs included in the Illinois post-1996 ROP 
plan?
    C. How do TCMs become approvable as revisions to the SIP?
    D. Are the Chicago Area 1996-1999 TCMs approvable?
VIII. EPA Review of the Illinois Post-1996 ROP Plan.
    A. Why is the Illinois post-1996 ROP plan approvable?
    B. Why is the contingency measure portion of the plan 
approvable?
IX. Transportation Conformity Mobile Source Budget.
X. Final Rulemaking Action.
XI. Administrative Requirements.
    A. Executive Order 12866
    B. Executive Order 13045
    C. Executive Order 13084
    D. Executive Order 13132
    E. Regulatory Flexibility
    F. Unfunded Mandates
    G. Submission to Congress and the Comptroller General
    H. National Technology Transfer and Advancement Act
    I. Petitions for Judicial Review

I. What Is EPA Approving in This Action?

    We are approving the following:
    A. The post-1996 ROP plan for the Illinois portion of the Chicago 
ozone nonattainment area (see the definition of the Chicago ozone 
nonattainment area and the Illinois portion of this area below);
    B. The contingency measure plan for this area; and,
    C. TCMs implemented between 1996 and 1999 in the area.
    We are approving the post-1996 ROP plan because it adequately 
demonstrates that the State has achieved a permanent and enforceable 
emission reduction as required for a post-1996 ROP plan by the Act and 
has made adequate incremental progress toward attaining the 1-hour 
ozone standard in the Chicago ozone nonattainment area. The post-1996 
plan addressed in this rulemaking covers VOC and NOX 
emission reductions occurring prior to November 15, 1999.

[[Page 78962]]

    The State also submitted with the post-1996 ROP plan a 
demonstration that the Chicago area meets the contingency measure 
requirements of the Act. We are approving the contingency measure 
demonstration because it adequately shows a 3 percent reduction in 
emissions beyond that which is necessary to meet the ROP plan 
requirements.
    We are approving certain TCMs submitted with the 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 ROP emission reduction requirement. To be 
creditable, the TCMs must be incorporated into the SIP.

II. What Is the Procedural Background of the Illinois Submittal and 
EPA Rulemaking?

    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, in 
section 182(c)(2)(B), that the State demonstrate a 9 percent reduction 
of VOC emissions in the Chicago ozone nonattainment area for the 3 year 
period between 1996 and 1999. The State submitted proposed amendments 
to the plan on December 17, 1999, and January 14, 2000, with a request 
for us to parallel process the plan, as amended, pursuant to the 
provisions of 40 CFR part 51, appendix V. On January 21, 2000, the 
Illinois Environmental Protection Agency (Illinois EPA) transmitted 
further changes to the plan in response to public comments received at 
the State's January 18, 2000 public hearing. On March 3, 2000, we 
published a proposed approval, through parallel process, on the 
Illinois proposed plan as amended January 21, 2000. (See 65 FR 11525). 
On February 17, 2000, Illinois completed its public review process on 
the amended plan, which was necessary to receive final approval by us. 
The State completed its Responsiveness Summary to public comments on 
February 17, 2000. Illinois also submitted its final, adopted post-1996 
ROP plan on February 17, 2000. No changes were made to the plan as 
proposed on January 14, 2000.
    During the 30-day public comment period for our March 3, 2000 
proposed rulemaking, we received one public comment letter on the 
proposal. We address these comments in section VI of this action.

III. The Illinois Post-1996 ROP Plan

A. 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 VOC emissions 
affecting an area will be reduced by 9 percent between 1996 and 1999 
(in post-1996 ROP plans, NOX emission reductions may be 
substituted for VOC emission reductions, as discussed below).
    ROP plans are a requirement of the Act under section 182. Section 
182(c)(2)(B) requires States with ozone nonattainment areas classified 
as serious and above to adopt and implement plans to achieve periodic 
reductions in VOC emissions after 1996. The requirement is intended to 
ensure that an area makes progress toward attainment of the ozone 
NAAQS. The post-1996 ROP emission reductions are to occur at a rate of 
3 percent per year relative to the 1990 baseline emissions, net of 
emission growth, averaged over three-year periods. States must achieve 
the first three-year 9 percent 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.
    In lieu of the 9 percent VOC emission reduction, under section 
182(c)(2)(C) of the Act, the post-1996 ROP plan (and subsequent ROP 
plans) may provide for reductions of both VOC and NOX 
emissions as long as the combination of VOC and NOX emission 
reductions result in ozone concentration reductions equivalent to or 
exceeding the ozone concentration reductions resulting from the 9 
percent VOC emissions reduction. The substitution of NOX 
emission reductions is further discussed below.
    The post-1996 ROP plan contains: (1) Documentation showing how the 
State calculated the emission reduction(s) needed on a daily basis to 
achieve a 9 percent VOC emission reduction (or its equivalent in 
combined VOC and NOX emission reductions); (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 percent ROP plan for the 
Chicago Area which showed a 15 percent VOC emission reduction between 
1990 and 1996, as required under section 182(b)(1) of the Act (see 62 
FR 66279). This 15 percent reduction is a measure of progress toward 
achieving attainment. The Chicago nonattainment area, however, has not 
reached attainment of the 1-hour ozone NAAQS through the 15 percent 
reduction alone. The post-1996 ROP plan will contribute to continued 
progress toward achieving attainment by the Act's mandated date of 
November 15, 2007 for the Chicago ozone nonattainment area.

B. 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 fails to attain the 
NAAQS within the time-frame 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 revisions 
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; achieve attainment of the 1-
hour ozone NAAQS by the Act's required deadline; or achieve 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 a 3 percent 
reduction of 1990 VOC 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 must be implemented within one year

[[Page 78963]]

following identification of a milestone failure.
    In the December 18, 1997 rulemaking approving the 15 percent ROP 
Plan for the Chicago Area, we indicated that the 15 percent ROP plan 
had enough emission reductions to provide a 3 percent reduction beyond 
the 15 percent reduction required for 1996. The General Preamble 
indicates that the 3 percent 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 to maintain the 3 
percent emissions reduction buffer. Because of this requirement, 
Illinois' post-1996 ROP plan identifies, for contingency purposes, a 3 
percent emission reduction beyond the emission reduction required for 
ROP.

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

    The proposed Illinois post-1996 ROP plan shows reductions of both 
VOC and 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, making people more 
susceptible to respiratory illness, including bronchitis and pneumonia.
    Repeated exposure to ozone at elevated concentrations for several 
months may cause permanent structural damage to the lungs.
    Because ozone 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 the potential impacts of 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 ROP emissions 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 of the Chicago and 
Metro-East/St. Louis ozone nonattainment areas.
    Although the 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 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.

D. What Illinois 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.

E. Who Is Affected by the Illinois Post-1996 ROP Plan?

    The post-1996 ROP plan does not create any new control 
requirements. Rather, it is a demonstration that existing regulations 
and control programs achieved a 9 percent emission reduction.
    The post-1996 ROP plan refers to various emission control 
regulations that have contributed to achieving the required 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. These 
regulations are already federally enforceable through separate SIP 
revisions or through separate EPA promulgation.
    The TCMs submitted with the post-1996 ROP plan are the only State 
ROP measures that are not already part of the federally approved SIP. 
We are approving these TCMs in this rulemaking action, and we discuss 
the TCM approval in section VII of this rulemaking.

F. 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 contain for approval. These elements are: (1) An emission 
baseline; (2) an emission target level; (3) an emission reduction 
estimate to compensate for emission growth projections and to reach the 
ROP emission reduction goal; and (4) emission reduction estimates for 
the plan's control measures. Through these elements, the plan must show 
that the nonattainment area will achieve a 9 percent VOC emission 
reduction by November 15, 1999 (or its equivalent in combined VOC and 
NOX emission reductions).
    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 emissions and emission 
target levels; (3) procedures for projecting emission growth; and (4) 
methodology for determining emission reduction estimates for various 
control measures, including federal measures.
    Our January 1994, policy document, Guidance on the Post-1996 Rate-
Of-Progress Plan and the Attainment Demonstration (post-1996 policy), 
provides States with an appropriate method to calculate the emission

[[Page 78964]]

reductions needed to meet the ROP emission reduction requirement. A 
complete list of ROP guidance documents is provided in the Technical 
Support Document (TSD) for the March 3, 2000 proposed rulemaking (65 FR 
11525) on the State's post-1996 ROP plan. The TSD for the proposed 
rulemaking can be obtained from the Region 5 office at the address 
indicated above.

G. What Are the Special Requirements for Claiming NOX 
Reductions?

    If a post-1996 ROP plan relies on NOX reductions, it is 
subject to certain additional requirements. As noted above, under 
section 182(c)(2)(C) of the Act, a plan can substitute NOX 
reductions for VOC if the resulting reduction in ozone concentrations 
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 policy concerning the conditions for 
demonstrating equivalency (see ``NOX Substitution 
Guidance,'' December 1993). Our NOX substitution policy 
provides that a ROP plan based in part on a NOX substitution 
strategy must show that the sum of the creditable VOC and 
NOX reduction percentages (relative to 1990 baseline 
emissions) equal or exceed a total of 9. Moreover, the State must 
provide technical justification that the NOX reductions will 
reduce ozone concentrations within the nonattainment area.
    On December 29, 1997, we issued a policy memorandum entitled, 
``Guidance for Implementing the 1-Hour Ozone and Pre-Existing PM10 
NAAQS'' (December 1997 policy). This policy document provides that a 
State included in the core part of the Ozone Transport Assessment Group 
(OTAG) domain (within the fine grid area where NOX emission 
reductions will be required) can claim ROP 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 of the OTAG domain. Consequently, the State can claim 
NOX reductions from outside of 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 outside of the nonattainment area 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) and proposed a NOX waiver for 
the Illinois portion of the St. Louis ozone nonattainment area on April 
17, 2000 (65 FR 20404). NOX waivers are authorized 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. Illinois 
has made a similar demonstration for the Illinois portion of the St. 
Louis nonattainment area. OTAG modeling, however, has shown that 
several NOX waiver areas actually benefit from 
NOX reductions upwind and outside of the specific local 
areas. 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 that the NOX reductions will lower ozone 
concentrations within the nonattainment area.

IV. Illinois' Calculation of the Needed ROP Reduction

A. How Does Illinois Demonstrate That it Meets the Requirements for 
Claiming NOX Reductions?

    To justify claiming upwind 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 (LADCO). The modeling results show that downstate 
NOX reductions contribute to a reduction of ozone background 
concentrations in the Chicago Area. These reduced background 
concentrations lead to reduced ozone concentrations within and downwind 
of the Chicago area. Illinois, therefore, satisfies the requirement set 
forth in the December 1997 policy that NOX reductions 
outside of the nonattainment area must reduce ozone concentrations 
within the nonattainment area to be creditable as ROP reductions.

B. 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 percent ROP and 3 percent 
contingency measure emission reductions. The calculation of required 
emission reductions was based on a combination of VOC and 
NOX emission reductions. To achieve the 9 percent emission 
reduction, the State chose a VOC/NOX emission reduction 
blend of a 2 percent VOC emission reduction and a 7 percent 
NOX emission reduction.

                      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 percent of Adjusted Base Year Emissions...............           20.74
1999 Fleet Turnover Correction Factor...................           28.46
1996 Target Level (From 15 percent ROP Plan)............          857.02
1999 Target Level (1996 Target Level minus 2 percent              807.82
 Reductions minus Fleet Turnover Correction Factor).....
------------------------------------------------------------------------
          Calculation of the Needed VOC Reduction Net-of-Growth
------------------------------------------------------------------------
1996 VOC Emissions with 15 percent ROP Plan Measures....          835.81
1999 Projected VOC Emissions (1996 VOC Emissions Grown            929.61
 to 1999 plus Noncreditable Emission Reductions Only)...

[[Page 78965]]

 
VOC Creditable Reduction Needs by 1999 Net-of-Growth              121.79
 (1999 Projected Emissions minus 1999 Target Level).....
Contingency Measure Requirement (3 percent of Adjusted             31.11
 Base 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 minus      1957.54
 Noncreditable Reductions).................................
7 percent of Adjusted Base Year Emissions..................       137.03
1999 Target Level: (1990 Adjusted Base Year Emissions minus      1820.51
 7 percent Reductions).....................................
------------------------------------------------------------------------
         Calculation of the Needed NOX Reduction Net-of-Growth
------------------------------------------------------------------------
1999 Projected NOX Emissions (1996 NOX Emissions Grown to        2063.03
 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 our post-1996 policy, Illinois calculated the needed 
emissions reduction by taking the following steps:
    (1) Determine what proportion of the 9 percent reduction is VOC and 
what proportion is NOX;
    (2) Establish the emission baselines for both VOC and 
NOX;
    (3) Calculate the emission target levels to meet the overall 9 
percent reduction by 1999;
    (4) Estimate the projected emission growth that would occur if no 9 
percent emission reduction takes place;
    (5) Subtract the projected emission level from the emission target 
to determine the VOC and NOX emission reduction needed, net 
of growth; and,
    (6) Calculate the needed contingency measure reduction.
    The State obtained data for developing the plan from the Chicago 
ozone nonattainment area 15 percent ROP Plan, EPA guidance documents, 
and information received from industry and public agencies.
1. Proportion of VOC to NOX Emission Reduction
    Illinois' post-1996 ROP plan relies on both VOC and NOX 
reductions to meet the 9 percent reduction in ozone precursors. Under 
Illinois' plan, the VOC reduction is a 2 percent reduction of the VOC 
emissions in the Illinois portion of the Chicago nonattainment area, 
and the NOX reduction is a 7 percent reduction of the 
NOX emissions within the State, but outside of the 
NOX waiver areas (outside of the ozone nonattainment areas).
2. Emission Baselines
    Under our post-1996 policy, ROP plans that rely on both VOC and 
NOX reductions should have separate emission baselines for 
VOC and NOX. The Act requires baselines to represent 1990 
anthropogenic emissions on a peak ozone season weekday basis. Peak 
ozone season weekday emissions represent the average VOC and 
NOX daily emissions that occur on weekdays 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).
    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 and has sought a waiver from certain NOX controls in 
the Metro-East/St. Louis ozone nonattainment area. The EPA proposed to 
approve the Metro-East/St. Louis NOX waiver on April 17, 
2000 (see Federal Register 65 FR 20404, April 17, 2000). 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 
State's technical analysis submitted to justify NOX 
substitution in the Chicago nonattainment area post-1996 ROP plan.
    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 Illinois post-1996 ROP 
plan is different than the adjusted inventory used under the 15 percent 
ROP Plan.

[[Page 78966]]

This is because the emission reduction associated with the FMVCP 
program changes 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.
3. 1999 Emission Target Level to Meet ROP Emission Reduction 
Requirement
    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. Our post-1996 policy 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 percent 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 percent 
ROP Plan. The percent reduction used is 2 percent 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 percent 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 percent plan does 
not exist. Therefore, the State needs only to subtract the 7 percent 
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.
4. 1999 Projected Growth Level
    To account for source emission growth between 1990 and 1999, the 
State must develop projected emission inventories for VOC and 
NOX. The projected emission inventories represent what 
emissions would be expected in 1999 if no post-1996 ROP control 
measures had been implemented.
    The State established the projected emission inventories for point, 
area, 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.
5. Emission Reduction Needed for ROP 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 areas to meet the 9 percent ROP requirement.
6. Calculation of the Needed Contingency Measure Emission Reduction
    Consistent with guidance provided in the General Preamble, Illinois 
determined the emission reduction needed to meet the contingency 
measure requirement by multiplying 3 percent of the 1990 adjusted base 
year VOC emissions. Based on this calculation, the needed contingency 
measure reduction for the Chicago nonattainment area is 31.11 TPD of 
VOC.

V. The Illinois Post-1996 ROP Plan Control Strategies

A. 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., by 
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 provides that, at a minimum, the methods 
should meet 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.

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

1. Point/Area Sources
    a. Title IV Acid Rain Power Plant Controls. Under title IV of the 
Clean Air Act, certain power plants are required 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 
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

[[Page 78967]]

 
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 Federal acid rain 
rules. Powerton 5-6 and Kincaid 1-2 were required to change to low-
sulfur coal to meet sulfur dioxide limitations under the Federal 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 took effect January 2000. 
NOX reductions from these sources are creditable because the 
power plants actually implemented control measures to meet the Phase II 
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.
    b. 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).
    c. 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 percent plan. At the time of rulemaking on the 15 
percent plan, however, we did not allow credit for controls at Stepan 
Company's Milldale facility because of uncertainty whether the controls 
at the facility 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, in this rulemaking, we are approving credit for the emission 
reductions which occurred at Stepan Company. These emission reductions 
were ultimately not needed for approval of Illinois' 15 percent ROP 
plan, and, therefore, are creditable toward the post-1996 ROP plan 
requirements.
    d. 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 equal to or 
greater than 2.5 million megagrams (Mg) measured in mass units and 2.5 
million cubic meters measured in volume units, and that have an annual 
emissions equal to or greater than 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.
    e. Coke Oven By-Product Plants. This Federal National Emission 
Standard for Hazardous Air Pollutants (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 that emissions be ducted to 
an enclosed point in the by-product recovery process where they are to 
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, post-1996 ROP plan submittal for the Emission 
Reduction Marketing System (ERMS), a new State regulation establishing 
a VOC cap and trade requirement for Chicago area stationary sources. 
The ERMS program, however, has been delayed beyond November 15, 1999. 
Therefore, Illinois is not claiming credit in the final post-1996 ROP 
plan for ERMS. Nonetheless, Illinois EPA plans to rely on the ERMS 
program in future ROP plans.
2. Mobile Sources
    a. Enhanced Vehicle Inspection/Maintenance 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 VOC emission reduction 
estimate from 30.10 TPD to 15 TPD, which represents only the level of

[[Page 78968]]

emission reduction that occurred between February 1, 1999, and November 
15, 1999. Since the 15 TPD reduction does not reflect the program's 
full cutpoints, and thus, emission reduction potential, additional 
emission reduction credit will be available for use in future ROP 
plans.
    b. 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 VOC emission reductions in the Chicago ozone 
nonattainment area in 1999.
    c. 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 
1'' standards. The standards, fully effective in 1996, are 
approximately twice as stringent as pre-1990 vehicle standards.
    Tier 1 standards require both VOC and NOX emission 
reductions. Illinois is claiming VOC reductions from Tier 1 that occur 
within the Chicago ozone nonattainment area, and NOX 
reductions that occur within the Illinois ozone attainment areas.
    d. 1992 Vehicle Inspection/Maintenance 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.
    e. 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.
    f. 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. 
Illinois EPA estimated the emission reduction for these standards 
through the use of our guidance document, ``Future Nonroad Emission 
Reduction Credits for Court-Ordered Nonroad Standards,'' dated November 
28, 1994.
    The State also claims 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 and was used by Illinois to 
determine the emission reduction credit for this control measure.
    g. 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.
    h. Clean-Fuel Fleet Vehicle Program. The State has a Clean-Fuel 
Fleet (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, covered 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 percent of new 
light-duty vehicles and 50 percent of heavy-duty vehicles acquired by 
covered fleets must be certified LEVs.
    i. 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 
company fleets. EPAct requires that 25 percent of new vehicle purchases 
by Federal fleets, 10 percent of new vehicle purchases by State fleets, 
and 30 percent 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 ozone nonattainment area.
    j. TCMs. See Part VII of this Federal Register document, ``EPA's 
approval of the TCMs in the post-1996 ROP plan,'' for a description of 
the TCMs for which Illinois is claiming credit to meet the 9 percent 
reduction requirement.

C. What are the Federal Register citations for the Federal approval or 
promulgation of the control measures?

          Federal Approval or Promulgation of Control Measures
------------------------------------------------------------------------
                                              Date of EPA approval or
            Control measure                        promulgation
------------------------------------------------------------------------
Title IV Acid Rain Power Plant Controls  Federal Regulation, 40 CFR 72-
                                          78, April 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 Landfills........  November 23, 1998 (63 FR
                                          64628).
Coke Oven By-Products Recovery NESHAP..  Federal Regulation, 40 CFR 61
                                          Subpart L, 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 Emission Rates  Federal Regulation, 40 CFR 86,
                                          June 5, 1991 (56 FR 25724).
1992 Vehicle I/M Program Amendments....  April 9, 1996 (61 FR 15715).
Federal Gasoline Detergent Additive....  Federal Regulation, 40 CFR 80,
                                          Subpart G, November 1, 1994
                                          (59 FR 54706).

[[Page 78969]]

 
TCMs...................................  EPA is promulgating approval in
                                          this rulemaking action.
1992 EPAct.............................  Federal Regulation, 10 CFR 490,
                                          March 14, 1996 (61 FR 10621).
Federal Nonroad Small Gasoline Engine    Federal Regulation, 40 CFR 90,
 Standards.                               July 3, 1995 (60 FR 34582).
Federal Marine Spark--Ignition Engine    Federal Regulation, 40 CFR 91,
 Standard.                                October 4, 1996 (61 FR 52087).
Federal Nonroad Large Diesel Engine      Federal Regulation, 40 CFR 89,
 Standards.                               June 17, 1994 (59 FR 31306).
CFF Vehicle Program....................  March 19, 1996 (61 FR 11139).
------------------------------------------------------------------------

D. How Did Illinois Calculate the Emission Reductions for the Control 
Strategies?

    We have issued several policy documents, listed in the TSD for the 
April 17, 2000 proposed rulemaking, 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 inventory 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 percent 
ROP Plan, including Tier 1, I/M expansion, Phase I reformulated 
gasoline, nonroad small engine standards, Federal detergent additive, 
and EPAct. No double-counting of emission reductions, however, has 
occurred. Unlike other 15 percent control measures, the State did not 
consider these measures when calculating the 1999 projected growth 
inventory. The State treated these reductions separately because the 
impacts of these measures change over time due to fleet turnover.
    As noted in section IV of this final rulemaking, the State 
calculated the projected growth in emissions assuming no post-1996 ROP 
emission 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. 
Therefore, Illinois can claim reductions from these measures as 
legitimate post-1996 ROP reductions.

E. What Amount of Emission Reduction Is Achieved by Each Control 
Strategy?

    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...        Deferred        Deferred
Clean Fuel Fleet Vehicle Program........            0.30            0.30
      Subtotal..........................          147.53          132.43
------------------------------------------------------------------------
                       Industrial Source Measures
------------------------------------------------------------------------
ERMS....................................        Deferred        Deferred
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                   171.99          156.89
       reductions.......................
------------------------------------------------------------------------
------------------------------------------------------------------------


[[Page 78970]]


------------------------------------------------------------------------
                                                           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                   261.97          261.97
       reductions.......................
------------------------------------------------------------------------

VI. Public Comment on Proposed Rulemaking and EPA's Response

    EPA received one public comment letter regarding our proposed 
rulemaking of the Illinois post-1996 ROP plan. The comment letter was 
submitted by the American Lung Association of Metropolitan Chicago.
    The commenter disagrees with our proposed rulemaking because we 
accept downstate NOX emission reductions as one of the 
control strategies for the Chicago area post-1996 ROP demonstration. 
The following discussion summarizes the commenter's arguments against 
crediting downstate NOX reductions, and provides our 
responses.
    Comment: The commenter believes that the Act prohibits 
NOX reductions from outside the Chicago ozone nonattainment 
area from being claimed as creditable ROP reductions under the post-
1996 ROP plan. Section 182(c)(2)(B) of the Act states that the post-
1996 ROP plan shall reduce by 9 percent ``baseline emissions,'' as 
described in section 182(b)(1)(B). Section 182(b)(1)(B), in turn, 
defines ``baseline emissions'' to mean the total amount of actual VOC 
or NOX emission from all anthropogenic sources in the area 
during 1990, excluding emissions reduced by pre-1990 vehicle emissions 
regulations and 1990 gasoline volatility regulations. Based on section 
182(b)(1)(B), the commenter asserts that, since baseline emissions 
under the Act's definition reflect only VOC or NOX emissions 
within the ozone nonattainment area, and a 9 percent ROP plan is to 
reduce the emission baseline, Illinois is prohibited from claiming 
NOX reductions from outside of the nonattainment area.
    Response: We disagree with the commenter. Claiming downstate 
NOX reductions is consistent with the Act's requirements 
concerning ROP plans and NOX substitution.
    The Act's provision for NOX substitution is separate 
from the sections of the Act focused on by the commenter. Section 
182(c)(2)(B) of the Act discusses the reduction of VOC emissions by a 
post-1996 ROP plan. Section 182(c)(2)(C) provides that NOX 
reductions can be substituted for or combined with VOC reductions to 
meet the ROP requirements under section 182(c)(2)(B). Section 
182(c)(2)(C) does not state such NOX reductions must come 
from ``baseline emissions'' as defined under section 182(b)(1)(B). 
Rather, section 182(c)(2)(C) defers to the EPA Administrator to 
determine ``the conditions under which NOX control may be 
substituted for VOC control or may be combined with VOC control in 
order to maximize the reduction in ozone air pollution.'' The only 
caveat to NOX substitution under 182(c)(2)(C) is that 
NOX reductions claimed under the ROP plan, in combination 
with VOC reductions, ``would result in a reduction in ozone 
concentrations at least equivalent to that which would result from the 
amount of VOC emission reduction required under section 182(c)(2)(B).'' 
Accordingly, the Act directs us to use our technical judgement to 
determine what types of NOX control would be suitable for 
NOX substitution strategies under section 182(c)(2)(C).
    As discussed in section III of this final rulemaking, we have made 
the technical determination that, for areas within the OTAG fine grid, 
upwind NOX reductions can result in reductions in ozone 
concentrations that are equivalent to results achievable from local VOC 
reductions. In Part IV of this Federal Register document, we discussed 
how we provided Illinois with guidance on how to establish VOC/
NOX reduction equivalency with respect to upwind 
NOX reductions, and how the State appropriately followed 
that guidance. The ozone modeling contained in the State's April 1998 
attainment demonstration shows upwind NOX emissions 
significantly contribute to high ozone concentrations in the Chicago 
area. Even if the Chicago area reduces VOC emissions significantly 
beyond current levels, the area would not reach attainment without 
reduction of upwind NOX emissions. These findings are 
consistent with the results of OTAG's study of NOX transport 
on ozone nonattainment areas. Moreover, the State submitted, as part of 
the post-1996 ROP Plan, modeling results from the Lake Michigan Air 
Directors Consortium (LADCO) and from OTAG to demonstrate that upwind 
NOX reductions do reduce ozone concentrations in the Chicago 
area. All of this is consistent with guidance in the December 29, 1997 
policy, which explains the conditions under which a NOX 
waiver area may claim ROP credit for upwind NOX reductions. 
(See our answer to ``How does Illinois demonstrate that it meets the 
requirements for claiming NOX reductions?'' in Part IV of 
this Federal Register document.) Therefore, ROP credit for upwind 
NOX reductions is consistent with section 182(c)(2)(C), 
which directs that the substitution of NOX for VOC control, 
or the combination of NOX and VOC control, ``maximize the 
reduction in ozone air pollution.''
    Comment: The commenter alleges that the State's Post-1996 ROP Plan 
has not met the requirement under section 182(c)(2)(C) that the 
specific NOX reductions credited toward ROP provide 
reductions in ozone concentrations at least equivalent to that which 
would result from a 9% reduction in VOC emissions.
    Response: We disagree with the commenter and believe the State's 
plan is consistent with the requirements of section 182(c)(2)(C) and 
EPA guidance interpreting that section, and does indeed ensure VOC/
NOX equivalency.
    We issued NOX substitution guidance initially on 
December 15, 1993 and clarified the guidance on August 8, 1994.\1\ In 
each case, the guidance

[[Page 78971]]

requires a demonstration that substitution of NOX for VOC 
controls will provide at least equivalent ozone benefits. The 1993 
guidance stated that States should ``justify substitution by 
illustrating `consistency' between the cumulative emission changes 
emerging from the reasonable further progress/ substitution and the 
emission reductions in the model attainment demonstration (or 
comparable modeling analysis).'' In the 1994 guidance, EPA required 
either photochemical grid modeling or regional modeling results to show 
that NOX control is beneficial in helping an area to attain 
the ozone NAAQS.
---------------------------------------------------------------------------

    \1\ ``Transmittal of NOX Substitution Guidance,'' 
memorandum from John S. Seitz, Director, Office of Air Quality 
Planning and Standards, to Air Division Directors, December 15, 
1993. ``Clarification of Policy for Nitrogen Oxides (NOX) 
Substitution,'' memorandum from John S. Seitz, Director, Office of 
Air Quality Planning and Standards, to Air Division Directors, 
August 8, 1994.
---------------------------------------------------------------------------

    As described in the 1993 guidance, any combination of VOC and 
NOX emission reduction percentages which total to 3 percent 
per year, e.g., 2 percent NOX and 1 percent VOC, and which 
meet other SIP consistency requirements described in that document are 
allowed (VOC and NOX emission reductions are equated on a 
percentage equivalency basis). These requirements ensure that the 
cumulative ROP reductions are consistent with the emission reduction 
measures identified in the model attainment demonstration. Further, the 
NOX emission reductions credited toward ROP may be capped by 
the cumulative reductions dictated by the attainment demonstration. For 
example, a control strategy emerging from a modeled attainment 
demonstration might show reductions of 6% NOX and 40% VOC 
are needed to attain. Assuming zero creditable NOX emission 
reductions from 1990 through 1996, NOX reductions averaging 
2% per year over the 3 years from 1996 to 1999 represent a cap on the 
NOX ROP reductions. In allowing a combination of 
NOX and VOC controls or the substitution of NOX 
emissions reductions for VOC emissions reductions, section 182(c)(2)(C) 
of the statute states that the resulting reductions ``in ozone 
concentrations'' must be ``at least equivalent'' to that which would 
result from the 3% VOC reductions required as a demonstration of ROP 
under section 182(c)(2)(B). The second sentence of Section 182(c)(2)(C) 
requires us to issue guidance ``concerning the conditions under which 
NOX control may be substituted for [or combined with] VOC 
control.'' In particular, we are authorized to address in the guidance 
the appropriate amounts of VOC control and NOX control 
needed, in combination, ``in order to maximize the reduction in ozone 
air pollution.'' Further, the Act explicitly provides that the guidance 
may permit ROP demonstrations which allow a lower percentage of VOC 
emission reductions. In light of the entire set of language and 
Congress' evident intent under this subsection to maximize the 
opportunity for ozone reductions, we believe that section 182(c)(2)(C) 
confers on us the discretion to select, for purposes of determining 
equivalent reductions, a percentage of NOX emission 
reductions which is reasonably calculated to achieve both the ozone 
reduction and attainment progress goals intended by Congress.
    The NOX control measures relied on by the Chicago Post-
1996 ROP Plan, i.e., Federal acid rain rules, Tier I vehicle emission 
standards, and non-road engine standards, are also relied upon in the 
Chicago ozone attainment demonstration submittal. Based on our review 
of all the information submitted in support of this attainment 
demonstration, it is our belief that the percentage of ozone reduction 
benefits achieved by application of NOX controls, for both 
ozone reduction and attainment progress goals, is ``at least 
equivalent'' as that achieved by application of VOC controls. This is 
because both the NOX and VOC controls are necessary if the 
area is to realize ozone reduction benefits and to ultimately attain 
the ozone NAAQS. That is, the ``basis for equivalency is the ability of 
a given control strategy (i.e., any particular mix of NOX 
and VOC emission reductions) to effect attainment of the ozone NAAQS by 
the designated attainment year.'' ( NOX substitution 
guidance at page 2).
    Comment: The commenter argues that, assuming the State could claim 
ROP credit in the Chicago area for downstate NOX reductions, 
there is no rational basis for excluding the East St. Louis area from 
the baseline.
    Response: We disagree with the commenter because the exclusion of 
emission reductions from the East St. Louis ozone nonattainment area 
from the Chicago area ROP demonstration is reasonable and consistent 
with the Act's requirements.
    Nothing in the Act or our NOX substitution policy 
mandates that States which claim NOX emission reductions 
from outside the nonattainment area must claim NOX 
reductions state-wide. Rather, consistent with our NOX 
substitution policy, a State need only claim those NOX 
reductions as are necessary to meet the ROP plan's NOX 
reduction target in a given milestone year. The State did not claim 
East St. Louis area NOX reductions to meet the Chicago area 
Post-1996 ROP plan's 1999 NOX reduction target. Illinois 
wanted to avoid potential ``double counting'' issues that it believes 
may arise by claiming emission reductions from one nonattainment area 
as part of an ROP demonstration in another nonattainment area. Since 
the State's decision to exclude these reductions does not interfere 
with the Chicago area's ability to meet its ROP and attainment 
objectives, we find no valid basis for rejecting the Chicago Area 9% 
ROP plan because it did not claim NOX reductions from the 
East St. Louis area.
    In conclusion, throughout the preceding section we have considered 
the commenter's objections to our proposed rulemaking, and, for the 
reasons presented above, we continue to believe that upwind 
NOX reductions are creditable toward ROP under the Act. 
Moreover, we have determined that the State's demonstration meets the 
VOC/ NOX equivalency requirement in section 182(c)(2)(C) as 
interpreted under the Agency's NOX substitution policy. 
Therefore, we are taking final action to approve the Chicago area post-
1996 ROP plan.

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

A. 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).

B. What Are the TCMs Included in Illinois Post-1996 ROP Plan?

    The post-1996 ROP plan claims emission reduction credit for those 
TCMs implemented between 1990 and 1996 which were not included in the 
15

[[Page 78972]]

percent plan, and the TCMs implemented between 1996 and 1999.
    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 
percent 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 percent 
Control Strategy State Implementation Plan,'' June 11, 1998; and,
    (6) ``1999 Transportation Control Measures Contribution to the 9 
percent 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 percent 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 VOC emission reduction from these TCMs is 2.78 TPD by 1996. Of 
this reduction, the State claimed 2 TPD in the 15 percent plan, which 
leaves 0.78 TPD for use in the post-1996 ROP plan.
    The 1995, 1996, 1998, and 1999 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.

C. How Do TCMs Become Approvable as Revisions to the SIP?

    States can take credit for TCMs that we have approved as revisions 
to the 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 benefit;
    (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.

D. 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.

VIII. EPA Review of the Illinois Post-1996 ROP Plan

A. Why Is the Illinois Post-1996 ROP Plan Approvable?

    We reviewed the documentation submitted with the Illinois post-1996 
ROP plan. From this review, we find that the 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 percent ROP reduction requirement. The 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 post-1996 ROP plan shows that it will achieve a 
reduction of ozone precursor emissions sufficient to achieve the 
required ROP toward attaining the 1-hour ozone NAAQS in the Chicago 
ozone nonattainment area.

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

    For these reasons, we are approving Illinois' Chicago Area post-
1996 ROP plan, as meeting the requirements of section 182(c)(2)(B).

B. Why Is the Contingency Measure Portion of the Plan Approvable?

    The post-1996 ROP plan achieves, in addition to the required ROP 
VOC and NOX emission reductions, a 3 percent reduction in 
VOC emissions through creditable control measures. For this reason, the 
contingency measure portion of the post-1996 ROP plan satisfies the 
contingency measure requirements of the Act. We therefore approve the 
contingency measure portion of the plan.

IX. 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 also approves the 1999 on-road mobile source budget of 279.3 
TPD of VOC.

[[Page 78973]]

X. Final Rulemaking Action

    In this rulemaking action, we are approving Illinois' SIP 
revisions, submitted on December 18, 1997, December 17, 1999, January 
14, 2000, and January 21, 2000, establishing the post-1996 ROP plan and 
contingency measures for the Chicago ozone nonattainment area. We are 
approving certain TCMs which were submitted with the post-1996 ROP plan 
and were implemented between 1996 and 1999. We are also approving the 
1999 on-road mobile source budget of 279.3 TPD of VOC.

XI. 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 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.

C. 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, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to 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 officials 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. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

D. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 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 rule will not 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, as specified in Executive Order 13132, because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

E. Regulatory Flexibility

    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 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 sections 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 
costs to State, local, or tribal governments in the aggregate; or to 
the 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 costs of $100 
million or more

[[Page 78974]]

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. section 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 action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2). This rule will be effective January 17, 2001.

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.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 16, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: December 5, 2000.
Francis X. Lyons,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, 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 et seq.

Subpart O--Illinois

    2. Section 52.726 is amended by adding paragraphs (w), (x) and (y) 
to read as follows:


Sec. 52.726  Control Strategy: Ozone.

* * * * *
    (w) Approval--On December 18, 1997, December 17, 1999, January 14, 
2000, and January 21, 2000, Illinois submitted a post-1996 Rate Of 
Progress Plan for the Chicago ozone nonattainment area as a requested 
revision to the Illinois State Implementation Plan. This plan reduces 
ozone precursor emissions by 9 percent from 1990 baseline emissions by 
November 15, 1999. This plan also supports a mobile source emissions 
budget of 279.3 tons/day of volatile organic compounds for 
transportation conformity purposes.
    (x) Approval--On December 18, 1997, Illinois submitted a 
contingency measure plan as part of the Chicago Area post-1996 Rate of 
Progress Plan. This plan reduces volatile organic compound emissions in 
the Chicago ozone nonattainment area by 3 percent from 1990 baseline 
emissions by November 15, 1999.
    (y) Approval--On December 18, 1997, Illinois submitted 
Transportation Control Measures (TCMs) as part of the post-1996 Rate Of 
Progress Plan for the Chicago ozone nonattainment area. The TCMs being 
approved are listed in the following documents published by the Chicago 
Area Transportation Study: ``Transportation Control Measures 
Contribution to the Post-1996 Rate-Of-Progress State Implementation 
Plan,'' March 22, 1996; ``Transportation Control Measures Contribution 
to the 9 percent Control Strategy State Implementation Plan,'' June 11, 
1998; and ``1999 Transportation Control Measures Contribution to the 9 
percent Rate of Progress Control Strategy State Implementation Plan,'' 
December 9, 1999.

[FR Doc. 00-32026 Filed 12-15-00; 8:45 am]
BILLING CODE 6560-50-P