[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Proposed Rules]
[Pages 79579-79593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32828]



[[Page 79579]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2010-0523; FRL-9610-5]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Illinois; Redesignation of 
the Illinois Portion of the St. Louis, MO-IL Area to Attainment for the 
1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a request from Illinois to 
redesignate the Illinois portion of the St. Louis, MO-IL nonattainment 
area, ``the St. Louis area,'' to attainment for the 1997 8-hour ozone 
standard because the request meets the statutory requirements for 
redesignation under the Clean Air Act (CAA). The St. Louis area 
includes Jersey, Madison, Monroe, and St. Clair Counties in Illinois 
and St. Louis City and Franklin, Jefferson, St. Charles and St. Louis 
Counties in Missouri. The Illinois Environmental Protection Agency 
(IEPA) submitted this request on May 26, 2010 and supplemented it on 
September 16, 2011. (EPA will address the Missouri portion of the St. 
Louis area in a separate rulemaking action.) This proposed approval 
also involves several related actions. EPA is proposing to approve, as 
a revision to the Illinois State Implementation Plan (SIP), the State's 
plan for maintaining the 1997 8-hour ozone National Ambient Air Quality 
Standard (NAAQS) through 2025 in the area. EPA is proposing to approve 
the 2002 emissions inventory, submitted by IEPA on June 21, 2006, and 
supplemented on September 16, 2011, as meeting the comprehensive 
emissions inventory requirement of the CAA for the Illinois portion of 
the St. Louis area. Finally, EPA finds adequate and is proposing to 
approve the State's 2008 and 2025 Motor Vehicle Emission Budgets 
(MVEBs) for the Illinois portion of the St. Louis area.

DATES: Comments must be received on or before January 23, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0523, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 353-6960.
    4. Mail: Doug Aburano, Chief, Attainment Planning and Maintenance 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand delivery: Doug Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, 18th floor, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office normal hours of operation, and special arrangements should be 
made for deliveries of boxed information. The Regional Office official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-0523. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to section I of this document, 
``What Should I Consider as I Prepare My Comments for EPA?''
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Kathleen D'Agostino, Environmental 
Engineer, at (312) 886-1767 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

Table of Contents

I. What should I consider as I prepare my comments for EPA?
II. What actions is EPA proposing to take?
III. What is the Background for these actions?
    A. What is the general background information?
    B. What are the impacts of the December 22, 2006, and June 8, 
2007, United States Court of Appeals decisions regarding EPA's Phase 
1 Implementation Rule?
    1. Summary of Court Decision
    2. Requirements Under the 8-Hour Standard
    3. Requirements Under the 1-Hour Standard
IV. What are the criteria for redesignation to attainment?
V. What is EPA's analysis of the state's request?
    A. Redesignation
    1. The Area Has Attained the 8-Hour Ozone NAAQS (Section 
107(d)(3)(E)(i))
    2. The Area Has Met All Applicable Requirements Under Section 
110 and Part D; and the Area Has a Fully Approved SIP under Section 
110(k) (Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
    3. The Improvement in Air Quality Is Due to Permanent and 
Enforceable Reductions in Emissions Resulting From Implementation of 
the SIP and Applicable Federal Air Pollution Control Regulations and 
Other Permanent and Enforceable Reductions (Section 
107(d)(3)(E)(iii))
    4. The Area Has a Fully Approved Maintenance Plan Pursuant to 
Section

[[Page 79580]]

175A of the CAA (Section 107(d)(3)(E)(iv))
    B. Adequacy of the MVEBs
    C. 2002 Comprehensive Emissions Inventory
VI. Summary of Actions
VII. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What actions is EPA proposing to take?

    EPA is proposing to determine that the Illinois portion of the St. 
Louis area has met the requirements for redesignation under section 
107(d)(3)(E) of the CAA. EPA is thus proposing to approve the request 
from IEPA to change the legal designation of the Illinois portion of 
the St. Louis area from nonattainment to attainment for the 1997 8-hour 
ozone NAAQS. EPA is also taking several additional actions related to 
the State's redesignation request, as discussed below.
    EPA is proposing to approve, as a revision to the Illinois SIP, the 
State's maintenance plan (such approval being one of the CAA criteria 
for redesignation to attainment status). The maintenance plan is 
designed to keep the St. Louis area in attainment of the ozone NAAQS 
through 2025.
    EPA is proposing to approve the 2002 volatile organic compound 
(VOC) and nitrogen oxides (NOX) emissions inventories for 
the Illinois portion of the St. Louis area, documented in IEPA's May 
26, 2010, and September 16, 2011 submittals. These emissions 
inventories satisfy the requirement in section 182(a)(1) of the CAA for 
a comprehensive emission inventory.
    Finally, EPA finds adequate and is proposing to approve the newly-
established 2008 and 2025 MVEBs for the Illinois portion of the St. 
Louis area. The adequacy comment period for the MVEBs began on 
September 26, 2011, with EPA's posting of the availability of the 
submittal on EPA's Adequacy Web site (at http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy comment period for 
these MVEBs ended on October 26, 2011. EPA did not receive any requests 
for this submittal, or comments on this submittal during the adequacy 
comment period. Please see section V.B. of this rulemaking, ``Adequacy 
of the MVEBs,'' for further explanation of this process. Therefore, EPA 
finds adequate, and is proposing to approve, the State's 2008 and 2025 
MVEBs for the Illinois portion of the St. Louis area. These MVEBs will 
be used in future transportation conformity analyses for the area.

III. What is the background for these actions?

A. What is the general background information?

    Ground-level ozone is not emitted directly by sources. Rather, 
emissions of NOX and VOCs react in the presence of sunlight 
to form ground-level ozone. NOX and VOCs are referred to as 
precursors of ozone.
    The CAA establishes a process for air quality management through 
the NAAQS. Before promulgation of the 8-hour standard, the ozone NAAQS 
was based on a 1-hour standard. On November 6, 1991 (56 FR 56693, 56751 
and 56813), the St. Louis area was designated as a moderate 
nonattainment area under the 1-hour ozone NAAQS. Jersey County, 
Illinois, was not included as part of the St. Louis area, and was 
designated as a marginal nonattainment area under the 1-hour standard 
(56 FR 56693 and 56751). The Illinois portion of the St. Louis area was 
subsequently redesignated to attainment of the 1-hour standard 
effective May 12, 2003. (See 68 FR 25442, published May 12, 2003.) 
Jersey County was redesignated to attainment of the 1-hour standard 
effective April 13, 1995. (See 60 FR 13631, published March 14, 1995.) 
These attainment designations were thus in effect at the time EPA 
revoked the 1-hour ozone NAAQS, on June 15, 2005.
    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone 
standard of 0.08 parts per million parts (ppm). On April 30, 2004 (69 
FR 23857), EPA published a final rule designating and classifying areas 
under the 8-hour ozone NAAQS. These designations and classifications 
became effective June 15, 2004. EPA designated as nonattainment any 
area that was violating the 8-hour ozone NAAQS based on the three most 
recent years of air quality data, 2001-2003.
    The CAA contains two sets of provisions, subpart 1 and subpart 2, 
that address planning and control requirements for nonattainment areas. 
(Both are found in title I, part D, of the CAA; 42 U.S.C. 7501-7509a 
and 7511-7511f, respectively.) Subpart 1 contains general requirements 
for nonattainment areas for any pollutant, including ozone, governed by 
a NAAQS. Subpart 2 provides more specific requirements for ozone 
nonattainment areas.
    Under EPA's implementation rule for the 1997 8-hour ozone standard, 
(69 FR 23951, published April 30, 2004), an area was classified under 
subpart 2 based on its 8-hour ozone design value (i.e. the three-year 
average annual fourth-highest daily maximum 8-hour average ozone 
concentration), if it had a 1-hour design value at the time of 
designation at or above 0.121 ppm (the lowest 1-hour design value in 
Table 1 of subpart 2) (69 FR 23954). All other areas were covered under 
subpart 1, based upon their 8-hour design values (69 FR 23958). The St. 
Louis area was designated as a subpart 2, 8-hour ozone moderate 
nonattainment area by EPA on April 30, 2004 (69 FR 23857, 23898, and 
23915), based on air quality monitoring data from 2001-2003 (69 FR 
23860).
    40 CFR 50.10 and 40 CFR part 50, appendix I provide that the 8-hour 
ozone standard is attained when the three-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentration is less 
than or equal to 0.08 ppm, when rounded. The data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than 90%, and no single year has less than 
75% data completeness. See 40 CFR part 50, appendix I, 2.3(d).
    IEPA submitted a request to redesignate the Illinois portion of the 
St. Louis area to attainment for the 8-hour ozone standard on May 26, 
2010 and supplemented the request on September 16, 2011. Complete, 
quality-assured and certified data for 2008-2010 indicate that the 8-
hour NAAQS for ozone, as promulgated in 1997, has been attained for the 
St. Louis area. In addition, available preliminary monitoring data for 
2011 continue to show the area in attainment of the standard. Under the 
CAA, nonattainment areas may be

[[Page 79581]]

redesignated to attainment if sufficient complete, quality-assured data 
are available for the Administrator to determine that the area has 
attained the standard, and the area meets the other CAA redesignation 
requirements in section 107(d)(3)(E).
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour 
ozone standard of 0.075 ppm. EPA has not yet designated areas under the 
2008 standard. The actions addressed in today's proposed rulemaking 
relate only to the 1997 8-hour ozone standard.

B. What are the impacts of the December 22, 2006, and June 8, 2007, 
United States Court of Appeals decisions regarding EPA's Phase 1 
Implementation Rule?

1. Summary of Court Decision
    On December 22, 2006, in South Coast Air Quality Management Dist. 
v. EPA, the U.S. Court of Appeals for the District of Columbia Circuit 
vacated EPA's Phase 1 Implementation Rule for the 8-hour Ozone Standard 
(69 FR 23951, April 30, 2004). 472 F.3d 882 (DC Cir. 2006). On June 8, 
2007, in response to several petitions for rehearing, the D.C. Circuit 
Court (Court) clarified that the Phase 1 Rule was vacated only with 
regard to those parts of the rule that had been successfully 
challenged. Id., Docket No. 04 1201. Therefore, several provisions of 
the Phase 1 Rule remain effective: Provisions related to 
classifications for areas currently classified under subpart 2 of title 
I, part D, of the CAA as 8-hour ozone nonattainment areas; the 8-hour 
ozone attainment dates; and the timing for emissions reductions needed 
for attainment of the 8-hour ozone NAAQS. The June 8, 2007, decision 
also left intact the Court's rejection of EPA's reasons for 
implementing the 8-hour standard in certain nonattainment areas under 
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let 
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been 
successfully challenged.
    The June 8, 2007, decision reaffirmed the December 22, 2006, 
decision that EPA had improperly failed to retain four measures 
required for 1-hour nonattainment areas under the anti-backsliding 
provisions of the regulations: (1) Nonattainment area New Source Review 
(NSR) requirements based on an area's 1-hour nonattainment 
classification; (2) section 185 penalty fees for 1-hour severe or 
extreme nonattainment areas; (3) measures to be implemented pursuant to 
section 172(c)(9) or 182(c)(9) of the CAA, on the contingency of an 
area not making reasonable further progress toward attainment of the 1-
hour NAAQS, or for failure to attain that NAAQS; and (4) certain 
transportation conformity requirements for certain types of Federal 
actions. The June 8, 2007, decision clarified that the Court's 
reference to conformity requirements was limited to requiring the 
continued use of 1-hour motor vehicle emissions budgets until 8-hour 
budgets were available for 8-hour conformity determinations.
    This section sets forth EPA's views on the potential effect of the 
Court's rulings on this proposed redesignation action. For the reasons 
set forth below in sections B.2. and B.3., EPA does not believe that 
the Court's rulings alter any requirements relevant to this 
redesignation action so as to preclude redesignation or prevent EPA 
from proposing or ultimately finalizing this redesignation. EPA 
concludes that the Court's December 22, 2006, and June 8, 2007, 
decisions impose no impediment to moving forward with redesignation of 
this area to attainment, because even in light of the Court's 
decisions, redesignation is appropriate under the relevant 
redesignation provisions of the CAA and longstanding policies regarding 
redesignation requests.
2. Requirements Under the 8-Hour Standard
    With respect to the 8-hour standard, the St. Louis area is 
classified under subpart 2. The June 8, 2007, opinion clarifies that 
the Court did not vacate the Phase 1 Rule's provisions with respect to 
classifications for areas under subpart 2. The Court's decision 
therefore upholds EPA's classifications for those areas classified 
under subpart 2 for the 1997 8-hour ozone standard.
3. Requirements Under the 1-Hour Standard
    With respect to the 1-hour standard requirements, the St. Louis 
area and Jersey County area were attainment areas subject to a CAA 
section 175A maintenance plan under the 1-hour standard. The DC 
Circuit's decisions with respect to 1-hour nonattainment anti-
backsliding requirements do not impact redesignation requests for these 
types of areas, except to the extent that the Court, in its June 8, 
2007, decision, clarified that for those areas with 1-hour motor 
vehicle emissions budgets in their maintenance plans, anti-backsliding 
requires that those 1-hour budgets must be used for 8-hour conformity 
determinations until replaced by 8-hour budgets. All conformity 
determinations must comply with the applicable requirements of EPA's 
conformity regulations at 40 CFR part 93.
    The three other anti-backsliding provisions for the 1-hour standard 
that the Court found were not properly retained, the nonattainment NSR 
requirements, contingency measures (pursuant to section 172(c)(9) or 
182(c)(9)), and penalty fee provisions, do not apply to the St. Louis 
area and Jersey County area because these areas are attainment areas 
subject to a maintenance plan for the 1-hour standard, and have been 
redesignated to attainment for the 1-hour standard.
    Thus, the decision in South Coast Air Quality Management Dist. 
would not preclude EPA from finalizing the redesignation of the St. 
Louis area.

IV. What are the criteria for redesignation to attainment?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) allows for 
redesignation provided that: (1) The Administrator determines that the 
area has attained the applicable NAAQS; (2) the Administrator has fully 
approved the applicable implementation plan for the area under section 
110(k); (3) the Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable SIP and applicable 
Federal air pollutant control regulations and other permanent and 
enforceable reductions; (4) the Administrator has fully approved a 
maintenance plan for the area as meeting the requirements of section 
175A; and, (5) the state containing such area has met all requirements 
applicable to the area under section 110 and part D. Illinois' request 
for redesignation of the Illinois portion of the St. Louis area is 
evaluated for each of these requirements in section V.A. below.
    EPA provided guidance on redesignation in the General Preamble for 
the Implementation of Title I of the CAA Amendments of 1990 on April 
16, 1992 (57 FR 13498), and supplemented this guidance on April 28, 
1992 (57 FR 18070). EPA has provided further guidance on processing 
redesignation requests in the following documents:

``Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum 
from William G. Laxton, Director Technical Support Division, June 18, 
1990;
``Maintenance Plans for Redesignation of Ozone and Carbon Monoxide 
Nonattainment Areas,'' Memorandum from G.T. Helms,

[[Page 79582]]

Chief, Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in Response to 
Clean Air Act (ACT) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSD's) for Redesignation Ozone and 
Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T. Helms, 
Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
``State Implementation Plan (SIP) Requirements for Areas Submitting 
Requests for Redesignation to Attainment of the Ozone and Carbon 
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or 
After November 15, 1992,'' Memorandum from Michael H. Shapiro, Acting 
Assistant Administrator for Air and Radiation, September 17, 1993;
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and 
CO Nonattainment Areas,'' Memorandum from D. Kent Berry, Acting 
Director, Air Quality Management Division, to Air Division Directors, 
Regions 1-10, November 30, 1993.
``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
``Reasonable Further Progress, Attainment Demonstration, and Related 
Requirements for Ozone Nonattainment Areas Meeting the Ozone National 
Ambient Air Quality Standard,'' Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, May 10, 1995.

V. What is EPA's analysis of the state's request?

A. Redesignation

    EPA is proposing to determine that the Illinois portion of the St. 
Louis area has met all applicable redesignation criteria under CAA 
section 107(d)(3)(E). The basis for EPA's proposed approval of the 
redesignation request is as follows:
1. The Area Has Attained the 8-Hour Ozone NAAQS (Section 
107(d)(3)(E)(i))
    On June 9, 2011 (76 FR 33647) EPA made a determination that the St. 
Louis area attained the 1997 8-hour ozone NAAQS based on monitoring 
data for the 2008-2010 time period. An area may be considered to be 
attaining the 8-hour ozone NAAQS if there are no violations, as 
determined in accordance with 40 CFR 50.10 and part 50, appendix I, 
based on three complete, consecutive calendar years of quality-assured 
air quality monitoring data. To attain this standard, the three-year 
average of the fourth-highest daily maximum 8-hour average ozone 
concentration measured at each monitor within an area over each year 
must not exceed 0.08 ppm. Based on the rounding convention described in 
40 CFR part 50, appendix I, the standard is attained if the design 
value \1\ is 0.084 ppm or below. The data must be collected and 
quality-assured in accordance with 40 CFR part 58, and recorded in the 
EPA's Air Quality System (AQS). The monitors generally should have 
remained at the same location for the duration of the monitoring period 
required for demonstrating attainment.
---------------------------------------------------------------------------

    \1\ The design value is the highest three-year average of the 
fourth-highest daily maximum 8-hour average for all monitors within 
the area.
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    All 2008-2010 monitoring data have been quality-assured in 
accordance with 40 CFR 58.10, recorded in the AQS database, and 
certified. The data meet the completeness criteria in 40 CFR part 50, 
appendix I, which requires a minimum completeness of 75 percent 
annually and 90 percent over each three-year period. Monitoring data 
are presented in Table 1 below. In addition, available preliminary 
monitoring data for 2011 continue to show the area in attainment of the 
standard.

     Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentration and Three Year Averages of 4th High Daily Maximum 8-Hour Ozone Concentrations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           2008 4th high   2009 4th high   2010 4th high     2008-2010
                State                           County                   Monitor               (ppm)           (ppm)           (ppm)       average (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois.............................  Jersey..................  Jerseyville 17-083-1001           0.069           0.068           0.072           0.069
                                       Madison.................  Alton 17-119-0008......           0.068           0.067           0.080           0.071
                                                                 Maryville 17-119-1009..           0.070           0.074           0.074           0.072
                                                                 Wood River 17-119-3007.           0.067           0.066           0.070           0.067
                                       St. Clair...............  East St. Louis 17-163-            0.064           0.069           0.072           0.068
                                                                  0010.
Missouri.............................  Jefferson...............  Arnold 29-099-00019....           0.070           0.070           0.077           0.072
                                       St. Charles.............  Orchard Farm 29-183-              0.072           0.073           0.077           0.074
                                                                  1004.
                                                                 West Alton 29-183-1002.           0.076           0.071           0.084           0.077
                                       St. Louis...............  Maryland Heights 29-189-          0.069           0.070           0.076           0.071
                                                                  0014.
                                                                 Pacific 29-189-0005....           0.064           0.064           0.069           0.065
                                       St. Louis City..........  Blair Street 29-510-              0.073           0.065           0.071           0.069
                                                                  0085.
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[[Page 79583]]

    As discussed in section V.A.4. below with respect to the 
maintenance plan, IEPA has committed to continue to operate an EPA-
approved monitoring network as necessary to demonstrate maintenance of 
the NAAQS. Should changes in the location of an ozone monitor become 
necessary, IEPA has committed to work with EPA to ensure the adequacy 
of the monitoring network. Illinois and Missouri remain obligated to 
continue to quality assure monitoring data in accordance with 40 CFR 
part 58 and enter all data into AQS in accordance with Federal 
guidelines.
2. The Area Has Met All Applicable Requirements Under Section 110 and 
Part D; and the Area Has a Fully Approved SIP Under Section 110(k) 
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
    We have determined that Illinois has met all currently applicable 
SIP requirements for purposes of redesignation for the Illinois portion 
of the St. Louis area under section 110 of the CAA (general SIP 
requirements). We have also determined that the Illinois SIP meets all 
SIP requirements currently applicable for purposes of redesignation 
under part D of title I of the CAA (requirements specific to moderate 
nonattainment areas), in accordance with section 107(d)(3)(E)(v). In 
addition, with the exception of the comprehensive emissions inventory 
and certain VOC reasonably available control technology (RACT) 
regulations, we have determined that the Illinois SIP is fully approved 
with respect to all applicable requirements for purposes of 
redesignation, in accordance with section 107(d)(3)(E)(ii). As 
discussed below, in this action EPA is proposing to approve IEPA's 2002 
emissions inventory as meeting the comprehensive emissions inventory 
requirement. EPA is taking action on the Illinois VOC RACT regulations 
in a separate rule.
    In proposing these determinations, we have ascertained which SIP 
requirements are applicable to the Illinois portion of the St. Louis 
area for purposes of redesignation, and have determined that there are 
SIP measures meeting those requirements and that these measures have 
been fully approved or will be fully approved under section 110(k) of 
the CAA by the time EPA takes final action on the redesignation 
request. See discussions in sections a. and b. below.
    In the context of redesignations, EPA has interpreted requirements 
related to attainment as not applicable for purposes of redesignation. 
For example, in the General Preamble EPA stated that:

[t]he section 172(c)(9) requirements are directed at ensuring RFP 
and attainment by the applicable date. These requirements no longer 
apply when an area has attained the standard and is eligible for 
redesignation. Furthermore, section 175A for maintenance plans * * * 
provides specific requirements for contingency measures that 
effectively supersede the requirements of section 172(c)(9) for 
these areas. ``General Preamble for the Interpretation of Title I of 
the Clean Air Act Amendments of 1990,'' (General Preamble) 57 FR 
13498, 13564 (April 16, 1992).

See also the September 4, 1992, Calcagni memorandum (``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) at 6 (``The requirements for reasonable further 
progress and other measures needed for attainment will not apply for 
redesignations because they only have meaning for areas not attaining 
the standard.'').
a. The Illinois Portion of the St. Louis Area Has Met All Applicable 
Requirements for Purposes of Redesignation Under Section 110 and Part D 
of the CAA
i. Section 110 General SIP requirements
    Section 110(a) of title I of the CAA contains the general 
requirements for a SIP. Section 110(a)(2) provides that the 
implementation plan submitted by a state must have been adopted by the 
state after reasonable public notice and hearing, and that, among other 
things, it includes enforceable emission limitations and other control 
measures, means or techniques necessary to meet the requirements of the 
CAA; provides for establishment and operation of appropriate devices, 
methods, systems and procedures necessary to monitor ambient air 
quality; provides for implementation of a source permit program to 
regulate the modification and construction of any stationary source 
within the areas covered by the plan; includes provisions for the 
implementation of part C, Prevention of Significant Deterioration (PSD) 
and part D, NSR permit programs; includes criteria for stationary 
source emission control measures, monitoring, and reporting; includes 
provisions for air quality modeling; and provides for public and local 
agency participation in planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain measures 
to prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
air pollutants (NOX SIP Call,\2\ Clean Air Interstate Rule 
(CAIR) (70 FR 25162, May 12, 2005), and Cross-State Air Pollution Rule 
(CSAPR) (75 FR 48208, August 8, 2011), which replaces CAIR). However, 
the section 110(a)(2)(D) requirements for a state are not linked with a 
particular nonattainment area's designation and classification. EPA 
concludes that the requirements linked with a particular nonattainment 
area's designation and classification are the relevant measures to 
evaluate in reviewing a redesignation request. The section 110(a)(2)(D) 
requirements, where applicable, continue to apply to a state regardless 
of the designation of any one particular area in the state. Thus, we 
conclude that these requirements should not be construed to be 
applicable requirements for purposes of redesignation.
---------------------------------------------------------------------------

    \2\ On October 27, 1998 (63 FR 57356), EPA issued a 
NOX SIP Call requiring the District of Columbia and 22 
states to reduce emissions of NOX in order to reduce the 
transport of ozone and ozone precursors. In compliance with EPA's 
NOX SIP Call, IEPA developed rules governing the control 
of NOX emissions from Electric Generating Units (EGUs), 
major non-EGU industrial boilers, major cement kilns, and internal 
combustion engines. EPA approved the Illinois rules as fulfilling 
Phase I of the NOX SIP Call on June 28, 2001 (66 FR 
34382) and November 21, 2001 (66 FR 56454), and as meeting Phase II 
of the NOX SIP Call on June 26, 2009 (74 FR 30466).
---------------------------------------------------------------------------

    Further, we conclude that the other section 110 elements described 
above that are not connected with nonattainment plan submissions and 
not linked with an area's attainment status are also not applicable 
requirements for purposes of redesignation. A state remains subject to 
these requirements after an area is redesignated to attainment. We 
conclude that only the section 110 and part D requirements which are 
linked with a particular area's designation and classification are the 
relevant measures which we may consider in evaluating a redesignation 
request. This approach is consistent with EPA's existing policy on 
applicability of conformity and oxygenated fuels requirements for 
redesignation purposes, as well as with section 184 ozone transport 
requirements. See Reading, Pennsylvania, proposed and final rulemakings 
(61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 1997); 
Cleveland-Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 
1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 7, 
1995). See also the discussion on this issue in the Cincinnati, Ohio 1-
hour

[[Page 79584]]

ozone redesignation (65 FR 37890, June 19, 2000), and in the 
Pittsburgh, Pennsylvania 1-hour ozone redesignation (66 FR 50399, 
October 19, 2001).
    We have reviewed the Illinois SIP and have concluded that it meets 
the general SIP requirements under section 110 of the CAA applicable to 
the State's request for redesignation. EPA has previously approved 
provisions of the Illinois SIP addressing section 110 elements under 
the 1-hour ozone standard (40 CFR 52.1870). Further in a submittal 
dated December 12, 2007, Illinois confirmed that the State continues to 
meet the section 110(a)(2) infrastructure requirements for the 8-hour 
ozone standard. EPA approved some elements of this Illinois submittal 
on July 13, 2011, at 76 FR 41075. The requirements of section 
110(a)(2), however, are statewide requirements that are not linked to 
the 8-hour ozone nonattainment status of the St. Louis area. Therefore, 
EPA concludes that these infrastructure SIP elements are not applicable 
requirements for purposes of review of the State's 8-hour ozone 
redesignation request.
ii. Part D Requirements
    EPA has determined that, if EPA finalizes the approval of the 2002 
comprehensive emissions inventory, discussed in section V.C. of this 
rulemaking, and the VOC RACT submittal, discussed below under the 
heading ``Subpart 2 Section 182(a) and (b) Requirements,'' the Illinois 
SIP will meet the SIP requirements applicable for purposes of 
redesignation under part D of the CAA for the Illinois portion of the 
St. Louis area. Subpart 1 of part D, found in sections 172-176 of the 
CAA, sets forth the basic nonattainment requirements applicable to all 
nonattainment areas. Subpart 2 of part D, which includes section 182 of 
the CAA, establishes additional specific requirements depending on the 
area's nonattainment classification.
    The St. Louis area was classified as a moderate nonattainment area 
under subpart 2, therefore the state must meet the applicable 
requirements of both subpart 1 and subpart 2 of part D. The applicable 
subpart 1 requirements are contained in sections 172(c)(1)-(9) and in 
section 176. The applicable subpart 2 requirements are contained in 
sections 182(a) and (b) (marginal and moderate nonattainment area 
requirements).
    Subpart 1 Section 172 Requirements.
    For purposes of evaluating this redesignation request, the 
applicable section 172 SIP requirements for the St. Louis area are 
contained in sections 172(c)(1)-(9). A thorough discussion of the 
requirements contained in section 172 can be found in the General 
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992).
    Section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all reasonably available control 
measures as expeditiously as practicable and to provide for attainment 
of the national primary ambient air quality standards. EPA interprets 
this requirement to impose a duty on all states containing 
nonattainment areas to consider all available control measures and to 
adopt and implement such measures as are reasonably available for 
implementation in each area as components of the area's attainment 
demonstration. Because attainment has been reached in the St. Louis 
area, no additional measures are needed to provide for attainment, and 
section 172(c)(1) requirements are no longer considered to be 
applicable as long as the area continues to attain the standard until 
redesignation. See 40 CFR 51.918.
    The reasonable further progress (RFP) requirement under section 
172(c)(2) is defined as progress that must be made toward attainment. 
This requirement is not relevant for purposes of redesignation because 
the St. Louis area has monitored attainment of the ozone NAAQS. 
(General Preamble, 57 FR 13564). See also 40 CFR 51.918. In addition, 
because the St. Louis area has attained the ozone NAAQS and is no 
longer subject to an RFP requirement, the requirement to submit the 
section 172(c)(9) contingency measures is not applicable for purposes 
of redesignation. Id.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. This 
requirement is superseded by the emission inventory requirement in 
section 182(a)(1).
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be 
allowed in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. EPA approved the Illinois 
nonattainment NSR program on December 17, 1992 (57 FR 59928), September 
27, 1995 (60 FR 49780) and May 13, 2003 (68 FR 25504). Further, EPA has 
determined that, since PSD requirements will apply after redesignation, 
areas being redesignated need not comply with the requirement that a 
part D NSR program be approved prior to redesignation, provided that 
the area demonstrates maintenance of the NAAQS without a part D NSR 
program. A more detailed rationale for this view is described in a 
memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled, ``Part D New Source Review 
Requirements for Areas Requesting Redesignation to Attainment.'' 
Illinois has demonstrated that the St. Louis area will be able to 
maintain the 1997 8-hour ozone standard without a part D NSR program in 
effect; therefore, EPA concludes that the State need not have a fully 
approved part D NSR program prior to approval of the redesignation 
request. The State's PSD program will become effective in the St. Louis 
area upon redesignation to attainment. See rulemakings for Detroit, 
Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorain, 
Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 
FR 53665, October 23, 2001); and Grand Rapids, Michigan (61 FR 31834-
31837, June 21, 1996).
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the standard. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above in section i, we 
conclude the Illinois SIP meets the requirements of section 110(a)(2) 
applicable for purposes of redesignation.
    Subpart 1 Section 176 Conformity Requirements.
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that federally supported or funded activities, 
including highway projects, conform to the air quality planning goals 
in the applicable SIPs. The requirement to determine conformity applies 
to transportation plans, programs and projects developed, funded or 
approved under title 23 of the U.S. Code and the Federal Transit Act 
(transportation conformity) as well as to all other Federally supported 
or funded projects (general conformity). State conformity revisions 
must be consistent with Federal conformity regulations relating to 
consultation, enforcement, and enforceability, which EPA promulgated 
pursuant to CAA requirements.
    EPA thinks that it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of evaluating the 
redesignation request under section 107(d) for two reasons. First, the 
requirement to submit SIP revisions to comply with the

[[Page 79585]]

conformity provisions of the CAA continues to apply to areas after 
redesignation to attainment since such areas would be subject to a 
section 175A maintenance plan. Second, EPA's Federal conformity rules 
require the performance of conformity analyses in the absence of 
Federally approved state rules. Therefore, because areas are subject to 
the conformity requirements regardless of whether they are redesignated 
to attainment and, because they must implement conformity under Federal 
rules if state rules are not yet approved, EPA concludes it is 
reasonable to view these requirements as not applying for purposes of 
evaluating a redesignation request. See Wall v. EPA, 265 F.3d 426 (6th 
Cir. 2001), upholding this interpretation. See also 60 FR 62748, 62749-
62750 (Dec. 7, 1995) (Tampa, Florida).
    EPA approved Illinois's general conformity SIP on December 23, 1997 
(62 FR 67000). Illinois does not have a federally approved 
transportation conformity SIP. However, Illinois performs conformity 
analyses pursuant to EPA's Federal conformity rules. Illinois has 
submitted on-road MVEBs for the Illinois portion of the St. Louis area 
of 17.27 and 5.68 tons per day (tpd) VOC and 52.57 and 15.22 tpd 
NOX for the years 2008 and 2025, respectively. Illinois must 
use these MVEBs in any conformity determination that is effective on or 
after the effective date of the maintenance plan approval.
    Subpart 2 Section 182(a) and (b) Requirements.
    Comprehensive Emissions Inventory. Section 182(a)(1) requires the 
submission of a comprehensive emissions inventory. IEPA submitted a 
2002 emissions inventory on June 21, 2006. On September 16, 2011, IEPA 
supplemented this inventory with on-road mobile emissions estimates 
based on the MOVES model. As discussed below in section V.C., EPA is 
proposing to approve the 2002 inventory as meeting the section 
182(a)(1) comprehensive emissions inventory requirement.
    Emissions Statements. EPA approved the Illinois emission statement 
SIP required by section 182(a)(3)(B), on September 9, 1993 (58 FR 
47379) and May 15, 2002 (67 FR 34614).
    Reasonable Further Progress and Attainment Demonstration. On July 
2, 2007, IEPA submitted an attainment demonstration and reasonable 
further progress plan for the Illinois portion of the St. Louis area as 
required by section 182(b)(1) of the CAA. Because attainment has been 
reached, section 182(b)(1) requirements are no longer considered to be 
applicable as long as the area continues to attain the standard. If EPA 
finalizes approval of the redesignation of the Illinois portion of the 
St. Louis area, EPA will take no further action on the attainment 
demonstration submitted by Illinois for the area.
    VOC RACT. Section 182(b)(2) requires states with moderate 
nonattainment areas to implement RACT under section 172(c)(1) with 
respect to each of the following: (1) All sources covered by a Control 
Technology Guideline (CTG) document issued between November 15, 1990, 
and the date of attainment; (2) all sources covered by a CTG issued 
prior to November 15, 1990; and, (3) all other major non-CTG stationary 
sources. As required under the 1-hour ozone standard, Illinois 
submitted VOC RACT rules covering the second and third categories. EPA 
approved these VOC RACT rules on February 21, 1980(45 FR 11472), 
November 21, 1987 (52 FR 45333), and September 9, 1994 (59 FR 46562). 
With respect to the first category, EPA issued CTGs for five source 
categories in September 2006, three source categories in September 
2007, and five additional source categories in September 2008. Areas 
classified as moderate and above were required to submit VOC RACT for 
the source categories covered by these CTGs, by September 2007, 
September 2008, and September 2009, respectively. IEPA submitted a SIP 
revision to address these CTGs on July 29, 2010, September 16, 2011, 
and September 29, 2011. EPA is taking action on these revisions in a 
separate rulemaking action. Full approval of IEPA's VOC RACT submittal 
is a prerequisite for approval of the redesignation of the Illinois 
portion of the St. Louis area to attainment.
    NOX RACT. Section 182(f) establishes NOX requirements 
for ozone nonattainment areas. However, it provides that these 
requirements do not apply to an area if the Administrator determines 
that NOX reductions would not contribute to attainment. On 
February 22, 2011 (76 FR 9655), EPA approved a request from IEPA to 
exempt sources of NOX in the Illinois portion of the St 
Louis area from section 182(f) NOX RACT requirements. 
Therefore, the State of Illinois need not have fully approved 
NOX control measures under section 182(f) for the Illinois 
portion of the St. Louis area to be redesignated to attainment.
    Stage II Vapor Recovery. Section 182(b)(3) of the CAA requires 
states with moderate nonattainment areas to submit Stage II vapor 
recovery rules. EPA approved Illinois's Stage II vapor recovery 
regulations on January 12, 1993 (58 FR 3841). Further, section 
202(a)(6) of the CAA provides that Stage II vapor recovery regulations 
are not required if EPA promulgates on-board vapor recovery regulations 
for vehicles. EPA promulgated such regulations on April 6, 1994 (59 FR 
16262), which became effective on May 6, 1994. Therefore, pursuant to 
section 202(a)(6) of the CAA, Stage II regulations are no longer 
required in the area. EPA approved the removal of Stage II vapor 
recovery regulations from the Illinois SIP on December 16, 1994 (59 FR 
64853).
    Vehicle Inspection and Maintenance (I/M). Section 182(b)(4) and 
EPA's final I/M regulations in 40 CFR part 85 require the States to 
submit a fully adopted I/M program. EPA approved the Illinois enhanced 
I/M program on February 22, 1999 (64 FR 8517).
    Thus, as discussed above, with approval of the comprehensive 
emissions inventory and the Illinois VOC RACT submittal, the Illinois 
portion of the St. Louis area will satisfy the requirements applicable 
for purposes of redesignation under section 110 and part D of the CAA.
b. The Illinois Portion of the St. Louis Area Has a Fully Approved 
Applicable SIP Under Section 110(k) of the CAA
    If EPA issues a final approval of the comprehensive emissions 
inventory and the Illinois VOC RACT submittal, EPA will have fully 
approved the State's SIP for the Illinois portion of the St. Louis area 
under section 110(k) of the CAA for all requirements applicable for 
purposes of redesignation. EPA may rely on prior SIP approvals in 
approving a redesignation request (See page 3 of the September 4, 1992, 
John Calcagni memorandum; Southwestern Pennsylvania Growth Alliance v. 
Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 
426 (6th Cir. 2001)) plus any additional measures it may approve in 
conjunction with a redesignation action. See 68 FR 25413, 25426 (May 
12, 2003). Since the passage of the CAA of 1970, Illinois has adopted 
and submitted, and EPA has fully approved, provisions addressing 
various required SIP elements under the 1-hour ozone standard. In this 
action, EPA is proposing to approve the comprehensive 2002 emissions 
inventory for the Illinois portion of the St. Louis area as meeting the 
requirement of section 182(a)(1) of the CAA. In a separate rule, EPA 
will take action on the Illinois VOC RACT submission. No SIP provisions 
for the Illinois portion of the St. Louis area are currently 
disapproved, conditionally approved, or partially approved.

[[Page 79586]]

3. The Improvement in Air Quality Is Due to Permanent and Enforceable 
Reductions in Emissions Resulting From Implementation of the SIP and 
Applicable Federal Air Pollution Control Regulations and Other 
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
    EPA finds that Illinois has demonstrated that the observed air 
quality improvement in the St. Louis area is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the SIP, Federal measures, and other state-adopted measures discussed 
below.
    In making this demonstration, IEPA has calculated the change in 
emissions between 2002 and 2008. For the nonattainment inventory, 
Illinois is using the 2002 emissions inventory developed to meet the 
comprehensive emissions inventory requirement of section 182(a)(1) of 
the CAA. Illinois developed an attainment inventory for 2008, one of 
the years the St. Louis area monitored attainment of the standard. The 
reduction in emissions and the corresponding improvement in air quality 
over this time period can be attributed to a number of regulatory 
control measures that St. Louis and upwind areas have implemented in 
recent years.
a. Permanent and Enforceable Controls Implemented
    The following is a discussion of permanent and enforceable measures 
that have been implemented in the area:
i. Stationary Source NOX Rules
    IEPA has developed rules governing the control of NOX 
emissions from Electric Generating Units (EGUs), major non-EGU 
industrial boilers, major cement kilns, and internal combustion 
engines. EPA approved the Illinois rules as fulfilling Phase I of the 
NOX SIP Call on June 28, 2001 (66 FR 34382) and November 21, 
2001 (66 FR 56454), and as meeting Phase II of the NOX SIP 
Call on June 26, 2009 (74 FR 30466). Illinois began complying with 
Phase I of this rule in 2004. Compliance with Phase II of the SIP Call 
requires the control of NOX emissions from large stationary 
internal combustion engines. Implementation of Phase II began in 2007 
and was projected to result in an 82 percent NOX reduction 
from 1995 levels.
ii. Consumer Products and Architectural and Industrial Maintenance 
Coatings (AIM) Rules
    Illinois adopted consumer products and AIM rules on May 7, 2009. 
Compliance with these rules was required by July 1, 2009. EPA is acting 
on these rules in a separate rulemaking.
iii. Reformulated Gasoline (RFG)
    Illinois requested that EPA extend the requirement for sale of RFG 
to Jersey, Madison, Monroe, and St. Clair counties. EPA granted this 
request on April 24, 2007, with compliance required by July 1, 2007.
iv. Consent Decrees--Dynegy Midwest Generation and ConocoPhillips
    Dynegy Midwest Generation and ConocoPhillips entered separate 
settlement agreements with EPA in 2005. The settlement reached with 
Dynegy Midwest Generation for alleged violations at the Baldwin 
Generating Station included the requirements to ``commence operation of 
the SCRs installed at Baldwin Unit 1, Unit 2 * * * so as to achieve and 
maintain a 30-day rolling average emission rate from each such unit of 
not greater than 0.100 lb/mmbtu NOX'' and ``maintain a 30-
day rolling average emission rate of not greater than 0.120 lb/mmbtu 
NOX at Baldwin Unit 3.'' Low NOX burners and 
overfire air technology are required on Dynegy Midwest Generation's 
Wood River Units 4 and 5. At the Dynegy Midwest 
Generation's Baldwin Generating station, ozone season emissions were 
reduced from 13,204 tons in 2001 to 1,696 tons in 2009. The 
ConocoPhillips settlement provided for near-term installation of low-
NOX burners and ultra low-NOX burners on 
combustion units at its ``Distilling West'' operations. Other 
NOX emission reduction requirements are set forth in the 
consent decree, as are provisions for carbon monoxide (CO), sulfur 
dioxide (SO2), and particulate matter reductions.
v. Federal Emission Control Measures
    Reductions in VOC and NOX emissions have occurred 
statewide and in upwind areas as a result of Federal emission control 
measures, with additional emission reductions expected to occur in the 
future. Federal emission control measures include the following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. These emission control requirements result in lower VOC and 
NOX emissions from new cars and light duty trucks, including 
sport utility vehicles. The Federal rules were phased in between 2004 
and 2009. The EPA has estimated that, by the end of the phase-in 
period, the following vehicle NOx emission reductions will occur 
nationwide: passenger cars (light duty vehicles) (77 percent); light 
duty trucks, minivans, and sports utility vehicles (86 percent); and, 
larger sports utility vehicles, vans, and heavier trucks (69 to 95 
percent). VOC emission reductions are expected to range from 12 to 18 
percent, depending on vehicle class, over the same period. Some of 
these emission reductions occurred by the attainment years (2007-2009) 
and additional emission reductions will occur throughout the 
maintenance period.
    Heavy-Duty Diesel Engine Rule. EPA issued this rule in July 2000. 
This rule includes standards limiting the sulfur content of diesel 
fuel, which went into effect in 2004. A second phase took effect in 
2007 which further reduced the highway diesel fuel sulfur content to 15 
parts per million, leading to additional reductions in combustion 
NOX and VOC emissions. This rule is expected to achieve a 95 
percent reduction in NOX emissions from diesel trucks and 
busses.
    Non-Road Diesel Rule. EPA issued this rule in 2004. This rule 
applies to diesel engines used in industries, such as construction, 
agriculture, and mining. It is estimated that compliance with this rule 
will cut NOX emissions from non-road diesel engines by up to 
90 percent. Some of these emission reductions occurred by the 
attainment years (2007-2009) and additional emission reductions will 
occur throughout the maintenance period.
    New Source Performance Standards (NSPS), National Emissions 
Standards for Hazardous Air Pollutants (NESHAPS) and Maximum Achievable 
Control Technology Standards (MACT). A broad range of emission sectors 
are subject to Federal NSPS, NESHAP, and MACT standards with compliance 
requirements which take effect post-2002 and prior to 2009.
vi. Control Measures in Upwind Areas
    On October 27, 1998 (63 FR 57356), EPA issued a NOX SIP 
Call requiring the District of Columbia and 22 states (including 
Illinois) to reduce emissions of NOX. Affected states were 
required to comply with Phase I of the SIP Call beginning in 2004, and 
Phase II beginning in 2007. The reduction in NOX emissions 
has resulted in lower concentrations of transported ozone entering the 
St. Louis area. Emission reductions resulting from regulations 
developed in response to the NOX SIP Call are permanent and 
enforceable.
b. Emission Reductions
    Illinois is using the 2002 comprehensive emissions inventory 
developed to meet the requirement of section 182(a)(1) of the CAA as 
the nonattainment inventory. This inventory is discussed in more detail 
in section V.C., below. In summary, IEPA developed the point source 
inventory

[[Page 79587]]

using source reported actual 2002 emissions data from annual emissions 
reports. The area source inventory was developed using various 
methodologies to estimate area source activity levels and emissions 
including applying local activity levels, apportioning national or 
statewide activity levels to the local level, using per capita emission 
factors, using per employee emission factors, and using data from 
inventories complied by others. The documentation supplied in the 
submittal shows how the county-specific emissions were calculated for 
each area source category. Non-road mobile source emissions were 
generated using the NONROAD model version 2.20a. In addition, emissions 
estimates were developed for commercial marine vessels, aircraft, and 
railroads, three non-road categories not included in the NONROAD model. 
On-road mobile emissions were prepared by the IEPA using the MOVES 
emissions model and daily vehicle miles traveled (VMT) data provided by 
the Illinois Department of Transportation (IDOT).
    Illinois prepared a comprehensive 2008 emissions inventory to use 
as the attainment year inventory. Point source information was compiled 
from the 2008 annual emissions reports submitted to IEPA by sources and 
EPA's Clean Air Markets Division database for electric utilities. Area 
source emissions were calculated using the most recently available 
methodologies and emissions factors from EPA along with activity data 
(population, employment, fuel use, etc.) specific to 2008. Non-road 
mobile source emissions were calculated using EPA's NONROAD emissions 
model. In addition, emissions estimates were calculated for commercial 
marine vessels, aircraft, and railroads, three non-road categories not 
included in the NONROAD model. On-road mobile source emissions were 
calculated using EPA's MOVES emissions model with 2008 VMT data 
provided by IDOT.
    Using the inventories described above, as well as emissions 
inventories provided by Missouri, Illinois has documented changes in 
VOC and NOX emissions from 2002 to 2008 for the St. Louis 
area. Emissions data are shown in Tables 2 through 5 below.

                                        Table 2--St. Louis Area VOC and NOX Emissions for Nonattainment Year 2002
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                                                             Illinois        Missouri       Area total       Illinois        Missouri       Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           17.41           32.70           50.11           53.24          127.20          180.44
Area....................................................           29.86           71.30          101.16            1.40           19.40           20.80
On-road.................................................           25.90           79.57          105.47           76.82          226.03          302.85
Non-road................................................           12.04           47.00           59.04           36.79           60.70           97.49
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           85.21          230.57          315.78          168.25          433.33          601.58
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                         Table 3--St. Louis Area VOC and NOX Emissions for Attainment Year 2008
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                                                             Illinois        Missouri       Area total       Illinois        Missouri       Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           11.92           18.00           29.92           39.86           88.80          128.66
Area....................................................           23.21           98.70          121.91            1.50            6.50            8.00
On-road.................................................           17.27           58.50           75.77           52.57          160.40          212.97
Non-road................................................           12.66           46.40           59.06           39.25           60.90          100.15
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           65.06          221.60          286.66          133.18          316.60          449.78
--------------------------------------------------------------------------------------------------------------------------------------------------------


                        Table 4--Comparison of 2002 and 2008 VOC and NOX Emissions for the Illinois Portion of the St. Louis Area
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                                                                                            Net change                                      Net change
                                                               2002            2008         (2002-2008)        2002            2008         (2002-2008)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           17.41           11.92           -5.49           53.24           39.86          -13.38
Area....................................................           29.86           23.21           -6.65            1.40            1.50            0.10
On-road.................................................           25.90           17.27           -8.63           76.82           52.57          -24.25
Non-road................................................           12.04           12.66            0.62           36.79           39.25            2.46
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           85.21           65.06          -20.15          168.25          133.18          -35.07
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 79588]]


                                Table 5--Comparison of 2002 and 2008 VOC and NOX Emissions for the Entire St. Louis Area
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                                                                                            Net change                                      Net change
                                                               2002            2008         (2002-2008)        2002            2008         (2002-2008)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           50.11           29.92          -20.19          180.44          128.66          -51.78
Area....................................................          101.16          121.91           20.75           20.80            8.00          -12.80
On-road.................................................          105.47           75.77          -29.70          302.85          212.97          -89.88
Non-road................................................           59.04           59.06            0.02           97.49          100.15            2.66
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          315.78          286.66          -29.12          601.58          449.78         -151.80
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 4 shows that the Illinois portion of the St. Louis area 
reduced VOC emissions by 20.15 tpd and NOX emissions by 
35.07 tpd between 2002 and 2008. As shown in Table 5, the entire St. 
Louis area reduced VOC emissions by 29.12 tpd and NOX 
emissions by 151.80 tpd between 2002 and 2008. Based on the information 
summarized above, Illinois has adequately demonstrated that the 
improvement in air quality is due to permanent and enforceable 
emissions reductions.
4. The Area Has a Fully Approved Maintenance Plan Pursuant to Section 
175A of the CAA. (Section 107(d)(3)(E)(iv))
    In conjunction with its request to redesignate the Illinois portion 
of the St. Louis nonattainment area to attainment status, IEPA 
submitted a SIP revision to provide for maintenance of the 1997 8-hour 
ozone NAAQS in the area through 2025.
a. Maintenance Plan Requirements
    Section 175A of the CAA sets forth the required elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. Under section 175A, the plan must demonstrate continued 
attainment of the applicable NAAQS for at least ten years after the 
Administrator approves a redesignation to attainment. Eight years after 
the redesignation, the state must submit a revised maintenance plan 
which demonstrates that attainment will continue to be maintained for 
ten years following the initial ten-year maintenance period. To address 
the possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures with a schedule for implementation as EPA 
deems necessary to assure prompt correction of any future 8-hour ozone 
violations.
    The September 4, 1992, John Calcagni memorandum provides additional 
guidance on the content of a maintenance plan. The memorandum clarifies 
that an ozone maintenance plan should address the following items: The 
attainment VOC and NOX emissions inventories, a maintenance 
demonstration showing maintenance for the ten years of the maintenance 
period, a commitment to maintain the existing monitoring network, 
factors and procedures to be used for verification of continued 
attainment of the NAAQS, and a contingency plan to prevent or correct 
future violations of the NAAQS.
b. Attainment Inventory
    IEPA developed an emissions inventory for 2008, one of the years 
used to demonstrate monitored attainment of the 8-hour NAAQS, as 
described above. The attainment level of emissions is summarized in 
Table 3, above.
c. Demonstration of Maintenance
    Along with the redesignation request, IEPA submitted a revision to 
the Illinois 8-hour ozone SIP that includes a maintenance plan for the 
Illinois portion of the St. Louis area, in compliance with section 175A 
of the CAA. This demonstration shows maintenance of the 1997 8-hour 
ozone standard through 2025 by showing that current and future 
emissions of VOC and NOX for the St. Louis area remain at or 
below attainment year emission levels. A maintenance demonstration need 
not be based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 
2001), Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 
FR 53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May 
12, 2003).
    Illinois is using emissions inventory projections for the years 
2015, 2020 and 2025 to demonstrate maintenance. Point and area source 
emissions for 2015, 2020 and 2025 were estimated using the 2008 
attainment inventory and growth factors appropriate for each source 
category. Non-road emissions projections were developed using the 
growth factors contained in EPA's NONROAD model. On-road motor vehicle 
emissions were estimated using the EPA's MOVES motor vehicle emissions 
model.
    As discussed in section V.a.3.a.v. (Permanent and Enforceable 
Controls Implemented) above, many of the control programs that helped 
to bring the area into attainment of the standard will continue to 
achieve additional emission reductions over the maintenance period. 
These control programs include Tier 2 emission standards for vehicles 
and gasoline sulfur standards, the heavy-duty diesel engine rule, and 
the non-road diesel rule. Emissions data are shown in Tables 6-10, 
below.

                                      Table 6--St. Louis Area Projected VOC and NOX Emissions for Interim Year 2015
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                                                             Illinois        Missouri       Area total       Illinois        Missouri       Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           13.70           21.73           35.43           31.86           86.37          118.23
Area....................................................           23.76          109.52          133.28            1.55            6.64            8.19
On-road.................................................            9.11           33.98           43.09           27.85           83.79          111.64
Non-road................................................            9.27           37.33           46.60           36.41           52.61           89.02
                                                         -----------------------------------------------------------------------------------------------

[[Page 79589]]

 
    Total...............................................           55.84          202.56          258.40           97.67          229.41          327.08
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                      Table 7--St. Louis Area Projected VOC and NOX Emissions for Interim Year 2020
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                                                             Illinois        Missouri       Area total       Illinois        Missouri       Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           14.73           24.59           39.32           30.71           86.63          117.34
Area....................................................           25.04          117.75          142.79            1.56            6.73            8.29
On-road.................................................            4.99           23.51           28.50           16.32           51.51           67.83
Non-road................................................            7.73           30.81           38.54           33.56           46.72           80.28
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           52.49          196.66          249.15           82.15          191.59          273.74
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                         Table 8--St. Louis Area VOC and NOX Emissions for Maintenance Year 2025
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                             NOX
                                                         -----------------------------------------------------------------------------------------------
                                                             Illinois        Missouri       Area total       Illinois        Missouri       Area total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           15.78           27.59           43.37           32.12           88.24          120.36
Area....................................................           26.32          126.34          152.66            1.58            6.82            8.40
On-road.................................................            5.68           17.74           23.42           15.22           34.17           49.39
Non-road................................................            7.31           24.30           31.61           32.33           40.84           73.17
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           55.09          195.97          251.06           81.25          170.07          251.32
--------------------------------------------------------------------------------------------------------------------------------------------------------


                  Table 9--Comparison of 2008, 2015, 2020 and 2025 VOC and NOX Emissions for the Illinois Portion of the St. Louis Area
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  VOC                                                      NOX
                                       -----------------------------------------------------------------------------------------------------------------
                                                                                     Net change                                               Net change
                                           2008       2015       2020       2025    (2008-2025)     2008       2015       2020       2025    (2008-2025)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.................................      11.92      13.70      14.73      15.78        3.86       39.86      31.86      30.71      32.12       -7.74
Area..................................      23.21      23.76      25.04      26.32        3.11        1.50       1.55       1.56       1.58        0.08
On-road...............................      17.27       9.11       4.99       5.68      -11.59       52.57      27.85      16.32      15.22      -37.35
Non-road..............................      12.66       9.27       7.73       7.31       -5.35       39.25      36.41      33.56      32.33       -6.92
                                       -----------------------------------------------------------------------------------------------------------------
    Total.............................      65.06      55.84      52.49      55.09       -9.97      133.18      97.67      82.15      81.25      -51.93
--------------------------------------------------------------------------------------------------------------------------------------------------------


                         Table 10--Comparison of 2008, 2015, 2020, and 2025 VOC and NOX Emissions for the Entire St. Louis Area
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  VOC                                                      NOX
                                       -----------------------------------------------------------------------------------------------------------------
                                                                                     Net change                                               Net change
                                           2008       2015       2020       2025    (2008-2025)     2008       2013       2020       2025    (2008-2025)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.................................      29.92      35.43      39.32      43.37       13.45      128.66     118.23     117.34     120.36       -8.30
Area..................................     121.91     133.28     142.79     152.66       30.75        8.00       8.19       8.29       8.40        0.40
On-road...............................      75.77      43.09      28.50      23.42      -52.35      212.97     111.64      67.83      49.39     -163.58
Non-road..............................      59.06      46.60      38.54      31.61      -27.45      100.15      89.02      80.28      73.17      -26.98
                                       -----------------------------------------------------------------------------------------------------------------
    Total.............................     286.66     258.40     249.15     251.06      -35.60      449.78     327.08     273.74     251.32     -198.46
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 79590]]

    The emission projections show that Illinois and Missouri do not 
expect emissions in the St. Louis area to exceed the level of the 2008 
attainment year inventory during the maintenance period. As shown in 
Table 9, VOC and NOX emissions in the Illinois portion of 
the St. Louis area are projected to decrease by 9.97 tpd and 51.93 tpd, 
respectively, between 2008 and 2025. As shown in Table 10, VOC and 
NOX emissions in the entire St. Louis area are projected to 
decrease by 35.60 tpd and 198.46 tpd, respectively, between 2008 and 
2025.
    Because the St. Louis area is affected by the transport of ozone 
and its precursors, the reduction of NOX emissions in upwind 
areas will help to ensure that the area will maintain the 1997 8-hour 
ozone standard in the future. On August 8, 2011, at 76 FR 48208, EPA 
promulgated the CSAPR to address interstate transport of emissions. The 
CSAPR requires substantial reductions of NOX emissions from 
EGUs across most of Eastern United States, with implementation 
beginning on January 1, 2012. Compared to 2005 emissions, EPA estimates 
that by 2014 this rule and other Federal rules will lower 
NOX ozone season emissions from power plants by 340,000 
tons.
    Further, ozone modeling performed by the Lake Michigan Air 
Directors Consortium supports the conclusion that the St. Louis area 
will maintain the 1997 8-hour ozone standard throughout the maintenance 
period. Peak modeled ozone levels in the area for 2012 and 2018 are 
0.084 ppm, and 0.080 ppm, respectively. These projected ozone levels 
were modeled applying only legally enforceable controls; e.g., consent 
decrees, rules, the NOX SIP Call, Federal motor vehicle 
control programs, etc. The modeling runs did not include emission 
reductions for implementation of the CSAPR. With the implementation of 
the CSAPR, actual 2018 ozone levels would be expected to be lower.
    As part of its maintenance plan, Illinois elected to include a 
``safety margin'' for the area. A ``safety margin'' is the difference 
between the attainment level of emissions (from all sources) and the 
projected level of emissions (from all sources) in the maintenance plan 
which continues to demonstrate attainment of the standard. The 
attainment level of emissions is the level of emissions during one of 
the years in which the area met the NAAQS. The St. Louis area attained 
the 1997 8-hour ozone NAAQS during the 2007-2009 time period. Illinois 
used 2008 as the attainment level of emissions for the area. For the 
Illinois portion of the St. Louis area, the emissions from point, area, 
non-road, and mobile sources in 2008 equaled 65.06 tpd of VOC. In the 
maintenance plan, IEPA projected VOC emissions for the year 2025 to be 
55.09 tpd of VOC. The SIP submissions demonstrate that the St. Louis 
area will continue to maintain the standard with emissions at this 
level. The safety margin for VOC is calculated to be the difference 
between these amounts or, in this case, 9.97 tpd of VOC for 2025. By 
this same method, 51.93 tpd (i.e., 133.18 tpd less 81.25 tpd) is the 
safety margin for NOX for 2025. The safety margin, or a 
portion thereof, can be allocated to any of the source categories, as 
long as the total attainment level of emissions is maintained.
d. Monitoring Network
    Illinois currently operates five ozone monitors and Missouri 
operates six monitors in the St. Louis area. In its redesignation 
request, IEPA has committed to continue to monitor ozone levels 
according to an EPA approved monitoring plan. Should changes in the 
location of an ozone monitor become necessary, IEPA commits to work 
with EPA to ensure the adequacy of the monitoring network. Illinois 
remains obligated to continue to quality assure monitoring data in 
accordance with 40 CFR part 58 and enter all data into the AQS in 
accordance with Federal guidelines.
e. Verification of Continued Attainment.
    Continued attainment of the ozone NAAQS in the St. Louis area 
depends, in part, on the State's efforts toward tracking indicators of 
continued attainment during the maintenance period. IEPA's plan for 
verifying continued attainment of the 8-hour standard in the St. Louis 
area consists of plans to continue ambient ozone monitoring in 
accordance with the requirements of 40 CFR part 58. In addition IEPA 
commits to compiling VOC and NOX emissions inventories every 
three years to facilitate emissions trends analyses. The State is 
required to develop and submit periodic emission inventories as 
specified in the Federal Consolidated Emissions Reporting Rule (67 FR 
39602, June 10, 2002).
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all measures with respect to control of the pollutant(s) that 
were contained in the SIP before redesignation of the area to 
attainment. See section 175A(d) of the CAA.
    As required by section 175A of the CAA, Illinois has adopted a 
contingency plan for the St. Louis area to address possible future 
ozone air quality problems. The contingency plan adopted by Illinois 
has two levels of response, Level I and Level II.
    A Level I response will be triggered in the event that: (1) The 
fourth highest 8-hour ozone concentration at any monitoring site in the 
St. Louis area exceeds 84 parts per billion (ppb) in any year, or (2) 
if VOC or NOX emissions increase more than 5% above the 
levels contained in the attainment year emissions inventory. IEPA will 
work with the Missouri Department of Natural Resources to evaluate the 
causes of high ozone levels or the emissions trends and to determine 
appropriate control measures needed to ensure continued attainment of 
the ozone standard. Control measures selected under a Level I trigger 
will be adopted within 18 months after a determination is made and 
implemented within 24 months of adoption.
    A Level II response will be triggered in the event that a violation 
of the 8-hour standard is monitored within the St. Louis area. To 
select appropriate corrective measures, IEPA will work with Missouri to 
conduct a comprehensive study to determine the causes of the violation 
and the control measures necessary to mitigate the problem. 
Implementation of necessary controls in response to a Level II trigger 
will take place as expeditiously as possible, but in no event later 
than 18 months after IEPA makes a determination, based on quality-
assured ambient monitoring data, that a violation of the NAAQS has 
occurred.
    IEPA included the following list of potential contingency measures 
in its maintenance plan:
    i. Multi-Pollutant Program for electric generating units;
    ii. NOX RACT;
    iii. Clean Air Transport Rule;

[[Page 79591]]

    iv. Best Available Retrofit Technology;
    v. Broader geographic applicability of existing measures;
    vi. Tier 2 Vehicle Standards and Low Sulfur Fuel;
    vii. Heavy Duty Diesel Standards and Low Sulfur Diesel Fuel;
    viii. High-enhanced I/M;
    ix. Federal railroad/locomotive standards;
    x. Federal commercial marine vessel engine standards;
    xi. Portable fuel containers;
    xii. Architectural/Industrial Maintenance (AIM) Coatings rule;
    xiii. Commercial and Consumer Products rule; and
    xiv. Aerosol coatings rule.

To qualify as a contingency measure, emissions reductions from that 
measure must not be factored into the emissions projections used in the 
maintenance plan.
g. Provisions for Future Updates of the Ozone Maintenance Plan
    As required by section 175A(b) of the CAA, IEPA commits to submit 
to the EPA an updated ozone maintenance plan eight years after 
redesignation of the St. Louis area to cover an additional ten-year 
period beyond the initial ten-year maintenance period. As required by 
section 175A of the CAA, Illinois has committed to retain the VOC and 
NOX control measures contained in the SIP prior to 
redesignation. Illinois also states that any revision to the control 
measures included as part of the maintenance plan will be submitted to 
EPA for approval as a SIP revision, and will be accompanied by a 
showing that such changes will not interfere with maintenance of the 
NAAQS.
    EPA has concluded that the maintenance plan adequately addresses 
the five basic components of a maintenance plan: attainment inventory, 
maintenance demonstration, monitoring network, verification of 
continued attainment, and a contingency plan. Thus EPA proposes to find 
that the maintenance plan SIP revision submitted by Illinois for the 
St. Louis area meets the requirements of section 175A of the CAA.

B. Adequacy of the MVEBs

    Under the CAA, states are required to submit, at various times, 
control strategy SIP revisions and ozone maintenance plans for ozone 
nonattainment areas and for areas seeking redesignations to attainment 
of the ozone standard. These emission control strategy SIP revisions 
(e.g., RFP and attainment demonstration SIP revisions) and ozone 
maintenance plans create MVEBs based on on-road mobile source emissions 
for criteria pollutants and/or their precursors to address pollution 
from cars and trucks. The MVEBs are the portions of the total allowable 
emissions that are allocated to highway and transit vehicle use that, 
together with emissions from other sources in the area, will provide 
for attainment or maintenance.
    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to 
attainment is established for the last year of the maintenance plan. 
The MVEB serves as a ceiling on emissions from an area's planned 
transportation system. The MVEB concept is further explained in the 
preamble to the November 24, 1993, transportation conformity rule (58 
FR 62188).
    Under section 176(c) of the CAA, transportation plans and 
transportation improvement programs (TIPs) must ``conform'' to (i.e., 
be consistent with) the SIP. Conformity to the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing air quality violations, delay timely attainment of the 
NAAQS or delay an interim milestone. If a transportation plan or TIP 
does not conform, most new transportation projects that would expand 
the capacity of roadways cannot go forward. Regulations at 40 CFR part 
93 set forth EPA policy, criteria, and procedures for demonstrating and 
assuring conformity of such transportation activities to a SIP.
    When reviewing SIP revisions containing MVEBs, including attainment 
strategies, rate-of-progress plans, and maintenance plans, EPA must 
affirmatively approve and find that the MVEBs are ``adequate'' for use 
in determining transportation conformity. Once EPA affirmatively 
approves or finds the submitted MVEBs to be adequate for transportation 
conformity purposes, the MVEBs must be used by state and Federal 
agencies in determining whether proposed transportation projects 
conform to the SIP as required by section 176(c) of the CAA. EPA's 
substantive criteria for determining the adequacy of MVEBs are set out 
in 40 CFR 93.118(e)(4).
    EPA's process for determining adequacy of a MVEB consists of three 
basic steps: (1) Providing public notification of a SIP submission; (2) 
providing the public the opportunity to comment on the MVEB during a 
public comment period; and, (3) EPA's finding of adequacy. The process 
of determining the adequacy of submitted SIP MVEBs is codified at 40 
CFR 93.118.
    The maintenance plan submitted by Illinois for the St. Louis area 
contains new VOC and NOX MVEBs for the Illinois portion of 
the area for the years 2008 and 2025. The availability of the SIP 
submission with these 2008 and 2025 MVEBs was announced for public 
comment on EPA's Adequacy Web site on September 26, 2011, at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public 
comment period on adequacy of the 2008 and 2025 MVEBs for the Illinois 
portion of the St. Louis area closed on October 26, 2011. No comments 
on the submittal were received during the adequacy comment period. The 
submitted maintenance plan, which included the MVEBs, was endorsed by 
the Governor (or his or her designee) and was subject to a State public 
hearing. The MVEBs were developed as part of an interagency 
consultation process which includes Federal, State, and local agencies. 
The MVEBs were clearly identified and precisely quantified. These 
MVEBs, when considered together with all other emissions sources, are 
consistent with maintenance of the 1997 8-hour ozone standard.
    EPA, through this rulemaking, has found adequate and is proposing 
to approve the MVEBs for use to determine transportation conformity in 
the Illinois portion of the St. Louis area because EPA has determined 
that the area can maintain attainment of the 1997 8-hour ozone NAAQS 
for the relevant maintenance period with mobile source emissions at the 
levels of the MVEBs. IEPA has determined the 2008 MVEBs for the 
Illinois portion of the St. Louis area to be 17.27 tpd for VOC and 
52.57 tpd for NOX. IEPA has determined the 2025 MVEBs for 
the Illinois portion of the St. Louis area to be 5.68 tpd for VOC and 
15.22 tpd for NOX. These MVEBs are consistent with the on-
road mobile source VOC and NOX emissions for 2008 and 2025, 
as summarized in Table 8 above. Illinois has demonstrated that the St. 
Louis area can maintain the 1997 8-hour ozone NAAQS with mobile source 
emissions in the Illinois portion of the area of 16.53 tpd and 7.70 tpd 
of VOC and 30.84 tpd and 10.34 tpd of NOX in 2008 and 2025, 
respectively, since emissions will remain under attainment year 
emission levels.
    Because the MVEBs are based on the MOVES model, the grace period 
before MOVES is required for new conformity determinations for the 
Illinois portion of the St. Louis area ends on the effective date of 
this approval. See Question 11 of the Policy Guidance on the Use of 
MOVES2010 for SIP Development (http://epa.gov/otaq/models/moves/420b09046.pdf).

[[Page 79592]]

C. 2002 Comprehensive Emissions Inventory

    As discussed above, section 182(a)(1) of the CAA requires states 
with ozone nonattainment areas to submit comprehensive, accurate and 
current inventories of actual emissions from all sources in the 
nonattainment area. On June 21, 2006, IEPA submitted a 2002 emissions 
inventory to meet this requirement. On September 16, 2011, IEPA 
supplemented this submittal by replacing on-road emissions estimates 
derived using the MOBILE6 model with on-road emissions estimates 
derived using EPA's MOVES model. Emissions contained in the 
comprehensive 2002 inventory cover the general source categories of 
point sources, area sources, on-road mobile sources, and non-road 
mobile sources. All emission summaries were accompanied by source-
specific descriptions of emission calculation procedures and sources of 
input data.
    IEPA prepared the point source inventory using source reported 
actual 2002 emissions data from annual emissions reports. Where 
necessary, the emissions were adjusted for a typical summer day at each 
emission unit within the source. The annual emissions reports provided 
ozone season hourly emissions and operating schedules that enabled the 
calculation of ozone season weekday emissions.
    Illinois used several methodologies to estimate area source 
activity levels and emissions including applying local activity levels, 
apportioning national or statewide activity levels to the local level, 
using per capita emission factors, using per employee emission factors, 
and using data from inventories complied by others. Sources used by 
IEPA to determine activity/commodity level data and emission 
information include: EPA's AP-42, EPA's FIRE emission factor database, 
data from Federal and state agencies including EPA, the U.S. Department 
of Energy, the U.S. Bureau of Labor Statistics, IDOT, the Illinois 
Bureau of the Budget, the Illinois Department of Conservation, the 
Illinois Secretary of State, the Illinois Department of Revenue, and 
the Illinois Department of Agriculture. The documentation supplied in 
the submittal shows how the county-specific emissions were calculated 
for each area source category.
    Non-road mobile source emissions were generated using the NONROAD 
model version 2.20a. In addition, emissions estimates were developed 
for commercial marine vessels, aircraft, and railroads, three non-road 
categories not included in the NONROAD model.
    On-road mobile emissions were prepared by IEPA using EPA's MVOES 
emissions model and daily VMT data provided by IDOT.
    IEPA's submittal documents 2002 emissions in the Illinois portion 
of the St. Louis area in units of tons per summer day. The 2002 summer 
day emissions of VOC and NOX are summarized in Table 2, 
above. EPA is proposing to approve this 2002 inventory as meeting the 
section 182(a)(1) comprehensive emissions inventory requirement.

VI. Summary of Actions

    After evaluating the redesignation request submitted by Illinois, 
EPA concludes that the request meets the redesignation criteria set 
forth in section 107(d)(3)(E) of the CAA. Therefore, EPA is proposing 
to approve the redesignation of the Illinois portion of the St. Louis 
area from nonattainment to attainment for the 1997 8-hour ozone NAAQS. 
EPA is also proposing to approve the maintenance plan SIP revision for 
the Illinois portion of the St. Louis area. EPA's proposed approval of 
the maintenance plan is based on the State's demonstration that the 
plan meets the requirements of section 175A of the CAA, as described 
more fully above. EPA is also proposing to approve IEPA's 2002 
comprehensive emissions inventory for the Illinois portion of the St. 
Louis area as meeting the requirements of section 182(a)(1) of the CAA. 
Finally, EPA finds adequate under 40 CFR 93.118(e) and is proposing to 
approve the State's 2008 and 2025 MVEBs for the Illinois portion of the 
St. Louis area.

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these actions do not impose additional requirements beyond 
those imposed by state law and the CAA. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on tribes, impact any existing sources of air pollution on tribal 
lands, nor impair the maintenance of ozone national ambient air quality 
standards in tribal lands.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen oxides, Ozone, Volatile organic compounds.

[[Page 79593]]

40 CFR Part 81

    Air pollution control, Environmental protection, National parks, 
Wilderness areas.

    Dated: December 14, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-32828 Filed 12-21-11; 8:45 am]
BILLING CODE 6560-50-P