[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Proposed Rules]
[Pages 22693-22700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07817]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0031; FRL-10007-82-Region 5]


Air Plan Approval; Illinois; Reasonable Further Progress Plan and 
Other Plan Elements for the Chicago Nonattainment Area for the 2008 
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Illinois State Implementation Plan (SIP) to 
meet the base year emissions inventory, reasonable further progress 
(RFP), RFP contingency measures, and motor vehicle inspection and 
maintenance (I/M) requirements of the Clean Air Act (CAA) for the 
Illinois portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin 
area (Chicago area) for the 2008 ozone national ambient air quality 
standard (NAAQS or standard). EPA is also proposing to approve the 2017 
transportation conformity motor vehicle emissions budgets (MVEBs) for 
the Illinois portion of the Chicago area for the 2008 ozone NAAQS. EPA 
is proposing to approve the state's submission as a SIP revision 
pursuant to section 110 and part D of the CAA and EPA's regulations 
because it satisfies the emissions inventory, RFP, RFP contingency 
measures, I/M, and transportation conformity requirements for areas 
classified as moderate nonattainment for the 2008 ozone NAAQS. Final 
approval of the Illinois SIP as meeting the I/M and RFP requirements of 
the CAA for the 2008 ozone NAAQS will permanently stop the Federal 
Implementation Plan (FIP) clocks for those specific elements, which 
were triggered by EPA's December 11, 2017 finding that Illinois failed 
to submit certain required SIP elements for the 2008 ozone NAAQS.

DATES: Comments must be received on or before May 26, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0031, at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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:

I. What is the background for this action?
II. What is EPA's evaluation of the Illinois submittal?
III. What action is EPA proposing?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

A. Background on the 2008 Ozone Standard

    On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm).\1\ Promulgation of a revised NAAQS 
triggers a requirement for EPA to designate all areas of the country as 
nonattainment, attainment, or unclassifiable for the NAAQS. For the 
ozone NAAQS, this also involves classifying any nonattainment areas at 
the time of designation.\2\ Ozone nonattainment areas are classified 
based on the severity of their ozone levels as determined based on the 
area's ``design value,'' which represents air quality in the area for 
the most recent 3 years. The classifications for ozone nonattainment 
areas are marginal, moderate, serious, severe, and extreme.\3\
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    \1\ 73 FR 16436, codified at 40 CFR 50.15.
    \2\ CAA sections 107(d)(1) and 181(a)(1).
    \3\ CAA section 181(a)(1).
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    Areas that EPA designates nonattainment for the ozone NAAQS are 
subject to the general nonattainment area planning requirements of CAA 
section 172 and the ozone-specific planning requirements of CAA section 
182. Ozone nonattainment areas in the lower classification levels have 
fewer and/or less stringent mandatory air quality planning and control 
requirements than those in higher classifications. For marginal areas, 
a state is required to submit a baseline emissions inventory, adopt 
provisions into the SIP requiring emissions statements from stationary 
sources, and implement a nonattainment New Source Review (NSR) program 
for the relevant

[[Page 22694]]

ozone NAAQS.\4\ For moderate areas, a state needs to comply with the 
marginal area requirements, plus additional moderate area requirements, 
including the requirement to submit a modeled demonstration that the 
area will attain the NAAQS as expeditiously as practicable but no later 
than 6 years after designation, the requirement to submit an RFP plan, 
the requirement to adopt and implement certain emissions controls, such 
as Reasonably Available Control Technology (RACT) and I/M, and the 
requirement for greater emissions offsets for new or modified major 
stationary sources under the state's nonattainment NSR program.\5\
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    \4\ CAA section 182(a).
    \5\ CAA section 182(b).
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B. Background on the Chicago 2008 Ozone Nonattainment Area

    On June 11, 2012,\6\ EPA designated the Chicago area as a marginal 
nonattainment area for the 2008 ozone NAAQS. The Chicago area includes 
Cook, DuPage, Kane, Lake, McHenry, and Will Counties and part of Grundy 
and Kendall Counties in Illinois; Lake and Porter Counties in Indiana; 
and part of Kenosha County in Wisconsin. On May 4, 2016,\7\ pursuant to 
section 181(b)(2) of the CAA, EPA determined that the Chicago area 
failed to attain the 2008 ozone NAAQS by the July 20, 2015, marginal 
area attainment deadline and thus reclassified the area from marginal 
to moderate nonattainment. In that action, EPA established January 1, 
2017, as the due date for the state to submit all moderate area 
nonattainment plan SIP requirements applicable to newly reclassified 
areas. On August 23, 2019,\8\ pursuant to section 181(b)(2) of the CAA, 
EPA determined that the Chicago area failed to attain the 2008 ozone 
NAAQS by the July 20, 2018, moderate area attainment deadline and thus 
reclassified the area from moderate to serious nonattainment. In that 
action, EPA established August 3, 2020 and March 23, 2021 as the due 
dates for serious area nonattainment plan SIP submissions for newly 
reclassified areas. Today's action does not address serious area 
nonattainment planning requirements.
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    \6\ 77 FR 34221, effective July 20, 2012.
    \7\ 81 FR 26697.
    \8\ 84 FR 44238.
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B. Background on EPA's Finding of Failure To Submit SIPs for the 2008 
Ozone NAAQS

    On December 11, 2017, EPA found that three states failed to submit 
SIP revisions in a timely manner to satisfy certain moderate 
nonattainment plan requirements for the 2008 ozone NAAQS.\9\ EPA found, 
inter alia, that Illinois failed to submit a SIP to meet the following 
requirements of the CAA for the Chicago area: A basic I/M program, 
contingency measures for volatile organic compounds (VOC) and oxides of 
nitrogen (NOX), a nonattainment NSR program for moderate 
nonattainment areas,\10\ an ozone attainment demonstration, RACT non-
control techniques guidelines for major stationary sources of VOC, RACT 
for major stationary sources of NOX, and RFP for VOC and 
NOX.
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    \9\ 82 FR 58118 (effective January 10, 2018).
    \10\ On May 23, 2018, IEPA submitted a SIP revision requesting 
EPA's approval of IEPA's certification that its existing SIP 
approved Nonattainment NSR regulations fully satisfy the 
Nonattainment NSR requirements set forth in 40 CFR 51.165 for both 
marginal and moderate ozone nonattainment areas for the 2008 ozone 
NAAQS. On February 6, 2019 (84 FR 2063), EPA approved IEPA's 
certification. This final action permanently stopped the FIP clock 
triggered by EPA's December 11, 2017 finding.
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    This finding established certain deadlines for the imposition of 
sanctions if the states do not submit timely SIP revisions addressing 
the requirements for which EPA made the finding and for EPA to 
promulgate a FIP to address any outstanding SIP requirements. 
Specifically, Illinois was required to submit a complete SIP addressing 
the deficiencies that were the basis for the finding within 18 months 
of the effective date of the findings (i.e., July 10, 2019) so as to 
avoid triggering, pursuant to CAA section 179(a) and (b) and 40 CFR 
52.31, the offset sanction identified in CAA section 179(b)(2) in the 
affected nonattainment area. Additionally, EPA is required to 
promulgate a FIP for the affected nonattainment area if EPA does not 
take final action to approve the state's submittal within 2 years of 
the effective date of the findings (i.e., January 10, 2020).
    On January 10, 2019, the Illinois Environmental Protection Agency 
(IEPA) submitted a SIP revision addressing moderate area requirements 
for the Illinois portion of the Chicago area for the 2008 ozone NAAQS. 
On March 7, 2019, EPA found that the SIP revision fulfilled the 
completeness criteria in 40 CFR part 51, appendix V.\11\ Through the 
completeness finding, EPA determined that the deficiencies which formed 
the basis for the December 11, 2017, finding had been corrected and, as 
a result, the sanctions clock at CAA section 179(a) and (b) was 
permanently stopped.
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    \11\ [thinsp]Letter from Edward Nam, Director, Air & Radiation 
Division, EPA Region 5 to Julie Armitage, Chief, Bureau of Air, 
IEPA.
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II. What is EPA's evaluation of the Illinois submittal?

    IEPA's January 10, 2019, SIP revision for the Chicago area contains 
a number of nonattainment plan elements, including a revised 2011 base 
year emissions inventory for VOC and NOX, a 15 percent RFP 
plan, a 3 percent contingency measure plan, 2017 VOC and NOX 
motor vehicle emissions budgets, a VOC RACT certification and negative 
declarations, an enhanced I/M certification, an attainment 
demonstration, a reasonably available control measure (RACM) 
demonstration, and a NOX RACT waiver request. In addition, 
on December 5, 2018 IEPA had submitted to EPA support for a Negative 
Declaration for the Oil and Gas Industry, which is the subject of a 
December 16, 2016 Control Technology Guideline. See 81 FR 74798 
(October 27, 2016). EPA will be addressing the attainment 
demonstration, the contingency measure plan as it applies to the 
attainment demonstration, the RACM demonstration, NOX RACT 
submission, and VOC RACT SIP submissions in a separate action.

A. Revised 2011 Base Year Emissions Inventory

    CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 
7511a(a)(1), require states to develop and submit, as SIP revisions, 
comprehensive, accurate, and complete emissions inventories for all 
areas designated as nonattainment for the ozone NAAQS. An emissions 
inventory for ozone is an estimation of actual emissions of VOC and 
NOX from all sources located in the relevant designated 
nonattainment area. For the 2008 ozone NAAQS, EPA has recommended that 
states use 2011 as a base year for the emissions estimates.\12\ On 
March 7, 2016,\13\ EPA approved the 2011 base year emissions inventory 
submitted by IEPA on September 3, 2014, for the Illinois portion of the 
Chicago area. IEPA included a revised 2011 base year emissions 
inventory in its January 10, 2019, submission. The revised 2011 base 
year emissions inventory only modifies the emissions estimates for the 
on-road and non-road mobile sectors, with emissions estimates for point 
and area sectors remaining unchanged from the inventory approved by 
EPA.
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    \12\ 78 FR 34178, 34190 (June 6, 2013).
    \13\ 81 FR 11671.
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    In the original 2011 base year emissions inventory approved by EPA, 
Illinois calculated 2011 on-road mobile

[[Page 22695]]

emissions using the 2010 version of the MOVES model. The current 
version of the MOVES model is 2014a. In addition, when compiling the 
2014 inventory, IEPA used updated estimates of vehicle registrations 
(fleet mix) and vehicle miles traveled and found significant 
differences from the 2011 values. To maintain consistency of the 
inventory for comparison to future years, the 2014 VMT and vehicle 
population from 2014 was back-casted to 2011, using the same growth 
factor that was used for projecting the vehicle population and VMT from 
2014 to 2017, 1.2 percent per year. With this data, MOVES2014a was run 
to obtain 2011 emissions.
    The 2010 version of the MOVES model was also used to calculate non-
road emissions in the original base year inventory. To maintain 
consistency, the 2011 non-road inventory was recalculated using 
MOVES2014a.\14\ Because it is important to maintain a consistent 
methodology when comparing emissions inventories from different years 
and because MOVES2014a is the current version of the model, EPA is 
proposing to approve the updated 2011 base year emissions inventory as 
a revision to the Illinois SIP.
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    \14\ MOVES does not calculate off-road emissions for commercial 
marine vessels, aircraft, or rail locomotives. Emission estimates 
for these source types remain unchanged from the original 2011 base 
year inventory.

                                       Table 1--Revised 2011 Base Year Emissions Inventory in Tons per Summer Day
                                                                         [tpsd]
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                                                                            VOC                                                NoX
                                                    ----------------------------------------------------------------------------------------------------
                       County                                                        Non-                                               Non-
                                                       Point     Area    On- road    road      Total      Point     Area    On- road    road      Total
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Cook...............................................     27.01    123.60     86.53     52.60    289.74      42.52     14.60    182.22     78.83    318.17
DuPage.............................................      4.11     25.77     20.19     16.38     66.45       5.49      4.53     45.63     19.19     74.85
Grundy (P).........................................      1.87      0.51      0.23      0.66      3.26       5.39      0.06      0.91      0.99      7.35
Kane...............................................      3.25     13.45     10.48      8.37     35.55       3.80      1.77     22.27     14.41     42.25
Kendall (P)........................................      0.50      1.33      0.70      0.92      3.45       0.77      0.19      1.53      1.08      3.57
Lake...............................................      2.14     19.35     14.69     16.89     53.07      13.74      3.52     32.47     15.01     64.74
McHenry............................................      1.21      8.46      6.86      5.39     21.92       0.86      1.17     13.99      8.78     24.80
Will...............................................      8.16     17.57     14.56      9.10     49.40      47.42      1.30     33.61     17.80    100.13
                                                    ----------------------------------------------------------------------------------------------------
    Total..........................................     48.26    210.04    154.24    110.31    522.85     119.99     27.13    332.64    156.10    635.86
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B. 15 Percent RFP Plan and 3 Percent Contingency Plan

1. Background
    The CAA requires that states with areas designated as nonattainment 
for ozone achieve RFP toward attainment of the ozone NAAQS. CAA section 
172(c)(2) contains a general requirement that nonattainment plans must 
provide for emissions reductions that meet RFP. For areas classified 
moderate and above, section 182(b)(1) imposes a more specific RFP 
requirement that a state had to meet through a 15 percent reduction in 
VOC emissions from the baseline anthropogenic emissions within 6 years 
after November 15, 1990. The state must meet the 15 percent requirement 
by the end of the 6-year period, regardless of when the nonattainment 
area attains the NAAQS. As with other nonattainment plan requirements 
for more recent iterations of the ozone NAAQS, EPA has promulgated 
regulations and guidance to interpret the statutory requirements of the 
CAA.
    EPA's final rule to implement the 2008 ozone NAAQS (SIP 
Requirements Rule),\15\ addressed, among other things, the RFP 
requirements as they apply to areas designated nonattainment and 
classified as moderate for the 2008 ozone NAAQS.\16\ EPA interprets the 
15 percent VOC emission reduction requirement in CAA section 182(b)(1) 
such that a state that has already met the 15 percent requirement for 
VOC for an area under either the 1-hour ozone NAAQS or the 1997 8-hour 
ozone NAAQS would not have to fulfill that requirement through 
reductions of VOC again. Instead, EPA is interpreting CAA section 
172(c)(2) to require states with such areas to obtain 15 percent ozone 
precursor emission reductions (VOC and/or NOX) over the 
first 6 years after the baseline year for the 2008 ozone NAAQS. The 
state previously met the 15 percent VOC reduction requirement of CAA 
section 182(b)(1) for the Illinois portion of the Chicago area under 
the 1-hour ozone NAAQS. Therefore, the state may rely upon both VOC and 
NOX emissions reductions to meet the RFP requirement for the 
2008 ozone NAAQS.
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    \15\ 80 FR 12264 (March 6, 2015).
    \16\ Ibid., at 12271 and 40 CFR 51.1110.
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    EPA's SIP Requirements Rule indicates the base year for the 2008 
ozone NAAQS, for which areas were designated nonattainment effective 
July 20, 2012, can be 2011 or a different year of the states choosing. 
However, states selecting a pre-2011 alternate baseline year must 
achieve 3 percent emission reductions each year after the initial 6-
year period has concluded up to the beginning of the attainment year. 
For a multi-state area, states must agree on the same base year. 
Illinois, Indiana, and Wisconsin have selected the EPA-recommended base 
year of 2011.\17\
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    \17\ On February 16, 2018, the D.C. Circuit Court issued a 
decision in South Coast Air Quality Management District v. EPA, 882 
F.3d 1138 (D.C. Cir. 2018), in which several parties challenged 
different aspects of EPA's SIP Requirements Rule for the 2008 Ozone 
NAAQS. In this decision, the Court upheld 2011 as a reasonable 
baseline year for the 2008 ozone NAAQS but vacated the provision 
allowing for an alternate year. Because Wisconsin, Illinois, and 
Indiana have selected 2011 as the baseline year, the decision does 
not impact the Illinois RP plan.
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    States may not take credit for VOC or NOX reductions 
occurring from sources outside the nonattainment area for purposes of 
meeting the 15 percent RFP and 3 percent RFP requirements of CAA 
sections 172(c)(2), 182(b)(1) and 182(c)(2)(B). The Illinois 15 percent 
RFP represents emissions reductions which occurred in the Illinois 
portion of the nonattainment area from 2011 to 2017, thereby satisfying 
this requirement.
    Except as specifically provided in section 182(b)(1)(D) of the CAA, 
all state control measures approved into the SIP or Federal measures 
that provide emissions reductions that occur after the baseline 
emissions inventory year are creditable for purposes of the RFP 
requirements, provided that the reductions meet the standard 
requirements for creditability which

[[Page 22696]]

include being enforceable, quantifiable, permanent, and surplus in 
terms of not having previously been counted toward RFP.
    States must also include contingency measures in their 
nonattainment plans. The contingency measures required for areas 
classified as moderate and above under CAA sections 172(c)(9) and 
182(c)(9) must provide for the implementation of specific measures if 
the area fails to attain or to meet any applicable RFP milestone. The 
state must submit these measures for approval by EPA into the SIP as 
adopted measures that would take effect without further rulemaking 
action by the state or the EPA upon a determination that an area failed 
to attain or to meet the applicable milestone. Per EPA guidance for 
purposes of the ozone NAAQS, contingency measures should represent one 
year's worth of RFP progress, amounting to reductions of at least 3 
percent of the baseline emissions inventory for the nonattainment 
area.\18\ The purpose of the contingency measures is to provide 
additional emission reductions in the event of a failure to attain or 
meet any applicable milestone, which would occur while the state is 
revising its SIP for the area to rectify the failure to attain or to 
meet RFP requirements.\19\
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    \18\ See the SIP Requirements Rule (80 FR at 12285) and April 
16, 1992 General Preamble section III.A.3.c (57 FR 13498 at 13511).
    \19\ 80 FR 12285.
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    Regarding the contingency measures, EPA's prior guidance for 
purposes of the ozone NAAQS specifies that some portion of the 
contingency measures must include VOC reductions. This previous 
limitation is no longer necessary in all areas. In particular, EPA has 
concluded that states with nonattainment areas classified as moderate 
and above that have already completed the initial 15 percent VOC 
reduction required by CAA section 182(b)(1)(A)(i), can meet the 
contingency measures requirement based entirely on NOX 
controls if that is what the state's analyses have demonstrated would 
be most effective in bringing the area into attainment. There is no 
minimum VOC requirement. Also, EPA is continuing its long-standing 
policy that allows states to use promulgated Federal measures as 
contingency measures as long as they provide emission reductions in the 
relevant years in excess of those needed for attainment or RFP.\20\
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    \20\ Id.
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2. Illinois's 15 Percent RFP and 3 Percent RFP Contingency Measures 
Plan
    To demonstrate that the Illinois portion of the Chicago area has 
achieved 15 percent RFP over the 6-year attainment planning period, 
Illinois is using a 2011 base year inventory and a 2017 RFP inventory. 
Illinois used growth factors to project emissions from 2011 to 2017. 
For point and area source categories along with non-road categories not 
calculated by the MOVES model, growth factors were primarily derived 
using Version 6.2 of the ``Notice of Data Availability of the 
Environmental Protection Agency's Updated Ozone Transport Modeling Data 
for the 2008 Ozone NAAQS'' (NODA). This data set projected 2011 
emissions to 2017 and 2025. For large NOX emitting units, 
however, a growth factor was applied based on actual 2011 to 2016 
growth in emissions as reported to the IEPA. In addition, when the NODA 
predicted that a coal-firing emission unit would shut down but it 
actually switched to natural gas, the state conservatively assumed a 
growth factor of 1.0. Two coal-fired sources were shut down in 2012. 
These sources were updated to zero in the 2017 inventory.
    Illinois calculated on-road emissions using EPA's MOVES2014a model. 
Vehicle population and vehicle miles traveled were assumed to increase 
at a rate of 1.2 percent per year from 2011. Off-road emissions other 
than commercial marine vessels, aircraft, and rail locomotive were also 
calculated using the MOVES2014a model. The MOVES model incorporates a 
number of Federal emissions control programs into its projections. 
These emissions reduction measures are permanent and enforceable and 
are implemented in the nonattainment area. The MOVES model assumed 
increases in vehicle or equipment population and usage while projecting 
decreases in ozone precursor emissions from 2011 to 2017. The estimated 
emissions reductions are therefore not due to reductions in source 
activity, but to the implementation of control measures. Tables 2 and 3 
list the Federal permanent and enforceable control programs modeled by 
the MOVES model.

                       Table 2--Federal On-Road Emission Control Programs Modeled by MOVES
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       On-road control program                Pollutants              Model year *              Regulation
----------------------------------------------------------------------------------------------------------------
Passenger vehicles, SUVs, and light    VOC & NOX..............  2004-09+ (Tier 2),       40 CFR parts 85 & 86.
 duty trucks--emissions and fuel                                 2017+ (Tier 3).
 standards.
Light-duty trucks and medium duty      VOC....................  2004-10................  40 CFR part 86.
 passenger vehicle--evaporative
 standards.
Heavy-duty highway compression         VOC & NOX..............  2007+..................  40 CFR part 86.
 engines.
Heavy-duty spark ignition engines....  VOC & NOX..............  2005-08+...............  40 CFR part 86.
Motorcycles..........................  VOC & NOX..............  2006-10 (Tier 1 & 2)...  40 CFR part 86.
Mobile Source Air Toxics--fuel         Organic Toxics & VOC...  2009-15 **.............  40 CFR parts 59, 80,
 formulation, passenger vehicle                                                           85, & 86.
 emissions, and portable container
 emissions.
Light duty vehicle corporate average   Fuel efficiency (VOC &   2012-16 & 2017-25......  40 CFR part 600.
 fuel economy standards.                NOX).
----------------------------------------------------------------------------------------------------------------
* The range in model years affected can reflect phasing of requirements based on engine size or initial years
  for replacing earlier tier requirements.
** The range in model years reflects phased implementation of fuel, passenger vehicle, and portable container
  emission requirements as well as the phasing by vehicle size and type.


[[Page 22697]]


 Table 3--Federal Non-Road Emission Control Programs Modeled by the MOVES Model or Considered in Development of
                                                the MAR Inventory
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      Nonroad control program *               Pollutants             Model year **              Regulation
----------------------------------------------------------------------------------------------------------------
Aircraft.............................  VOC & NOX..............  2000-2005+.............  40 CFR Part 87.
Compression Ignition.................  VOC & NOX..............  2000-2015+ (Tier 4)....  40 CFR parts 89 & 1039.
Large Spark Ignition.................  VOC & NOX..............  2007+..................  40 CFR part 1048.
Locomotive Engines...................  VOC & NOX..............  2012-2014 (Tier 3),      40 CFR part 1033.
                                                                 2015+ (Tier 4).
Marine Compression Ignition..........  VOC & NOX..............  2012-2018..............  40 CFR part 1042.
Marine Spark Ignition................  VOC & NOX..............  2010+..................  40 CFR part 1045.
Recreational Vehicle.................  VOC & NOX..............  2006-2012 (Tiers 1--3).  40 CFR part 1051.
Small Spark Ignition Engine <19 Kw--   VOC & NOX..............  2005-2012 (Tiers 2 & 3)  40 CFR parts 90 & 1054.
 emission standards.
Small Spark Ignition Engine <19 Kw--   VOC....................  2008-2016..............  40 CFR parts 1045, 54,
 evaporative standards.                                                                   & 60.
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* Compression ignition applies to diesel non-road compression engines including engines operated in
  construction, agricultural, and mining equipment. Recreational vehicles include snowmobiles, off-road
  motorcycles, and all-terrain vehicles. Small spark ignition engines include engines operated in lawn and hand-
  held equipment.
** The range in model years affected can reflect phasing of requirements based on engine size or initial years
  for replacing earlier tier requirements.

    Table 4 shows Illinois's 2017 projected emissions inventory.

                                                       Table 4--Projected 2017 Emissions Inventory
                                                                         [tpsd]
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                                                                            VOC                                                NoX
                                                    ----------------------------------------------------------------------------------------------------
                       County                                               On-      Non-                                      On-      Non-
                                                       Point     Area      road      road      Total      Point     Area      road      road      Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cook...............................................     26.96    116.65     44.63     38.40    226.64      29.33     14.50     89.71     61.96    195.50
DuPage.............................................      4.07     22.98     10.60     12.22     49.87       6.77      4.64     22.72     12.94     47.07
Grundy (P).........................................      1.91      0.48      0.11      0.44      2.94       9.81      0.06      0.45      1.45     11.76
Kane...............................................      3.22     12.12      5.43      6.28     27.05       3.36      1.84     11.00      9.69     25.89
Kendall (P)........................................      0.51      1.27      0.37      0.67      2.81       0.87      0.19      0.76      0.73      2.55
Lake...............................................      2.14     17.04      7.70     12.45     39.33      15.93      3.74     16.17     11.36     47.20
McHenry............................................      1.14      7.77      3.65      3.90     16.46       0.78      1.21      6.97      5.73     14.69
Will...............................................      8.16     16.49      7.59      6.69     38.92      56.72      1.25     16.62     13.43     88.01
                                                    ----------------------------------------------------------------------------------------------------
    Total..........................................     48.10    194.79     80.08     81.05    404.02     123.57     27.42    164.40    117.28    432.67
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    Illinois submitted documentation showing that emission reductions 
in the Illinois portion of the Chicago area met the 15 percent RFP and 
3 percent RFP contingency measures requirements through shutdown of the 
two coal-fired electric generating units and Federal permanent and 
enforceable control measures within the on-road and non-road mobile 
source sectors. Table 5 shows the calculations Illinois used to 
determine that these reductions meet the RFP and RFP contingency 
measures requirements.

                           Table 5--2017 RFP and Contingency Target Level Calculations
                                               [Emissions in tpsd]
----------------------------------------------------------------------------------------------------------------
             Description                  Formula                   VOC                          NOX
----------------------------------------------------------------------------------------------------------------
A. 2011 Base Year Inventory.........  ...............  522.85......................  635.86
B. RFP Reductions totaling 15%......  ...............  5%..........................  10%
C. RFP Emissions Reductions Required             A*B   26.14.......................  63.59
 Between 2011 & 2017.
D. RFP Target Level for 2017........              A-C  496.71......................  572.27
E. Contingency Percentage...........  ...............  0%..........................  3%
F. Contingency Emission Reduction                A*E   0...........................  19.08
 Requirements.
G. RFP + Contingency Reduction                      C+F26.14.......................  82.66
 Requirements.
H. Reductions between 2011 and 2017:  ...............  ............................  ...........................
    Federal on-road control programs  ...............  74.16.......................  168.24
    Federal non-road control          ...............  29.26.......................  38.82
     programs.
    Crawford shutdown...............  ...............  negligible..................  8.11
    Fisk shutdown...................  ...............  negligible..................  3.62
                                                      ----------------------------------------------------------
        Total.......................  ...............  103.42......................  218.79
I. Adjustments to reductions:         ...............  ............................  ...........................

[[Page 22698]]

 
    Agency hold-back................  ...............  19.00.......................  95.00
    Allocation to mobile source       ...............  52.92.......................  39.60
     budget.
                                                      ----------------------------------------------------------
        Total.......................  ...............  71.92.......................  134.60
J. Creditable reduction.............             H-I   31.50.......................  84.19
K. Compare creditable reductions to    JG   Yes.........................  Yes
 RFP and contingency reduction
 requirements to determine if at
 least 18% reduction is achieved.
L. RFP + Contingency Target Level...             A-G   496.71......................  553.20
M. 2017 Projected Emissions.........  ...............  404.02......................  432.67
N. Compare RFP & Contingency Target             MX for 
ozone) to address pollution from on-road transportation sources. The 
MVEBs are the portion 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 meet an

[[Page 22699]]

RFP milestone or provide for attainment or maintenance of the 
NAAQS.\22\ The MVEB serves as a ceiling on emissions from an area's 
planned transportation system.\23\
---------------------------------------------------------------------------

    \21\ See the SIP requirements for the 2008 ozone standard in the 
SIP Requirements Rule (80 FR 12264).
    \22\ 40 CFR 93.101.
    \23\ The MVEB concept is further explained in the preamble to 
the November 24, 1993, Transportation Conformity Rule (58 FR 62188). 
The preamble also describes how to establish the MVEB in the SIP and 
how to revise the MVEB, if needed, subsequent to initially 
establishing a MVEB in the SIP.
---------------------------------------------------------------------------

    When reviewing control strategy or maintenance plan submissions, 
EPA must affirmatively find that the MVEBs contained therein are 
adequate for use in determining transportation conformity. Once EPA 
affirmatively finds that the submitted MVEBs are adequate for 
transportation 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 adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: Public notification of a SIP submission; 
provision for a public comment period; and EPA's adequacy 
determination. See 40 CFR 93.118(f). This process for determining the 
adequacy of submitted MVEBs for transportation conformity purposes was 
initially outlined in EPA's May 14, 1999 guidance, ``Conformity 
Guidance on Implementation of March 2, 1999, Conformity Court 
Decision.'' EPA adopted regulations to codify the adequacy process in 
the Transportation Conformity Rule Amendments for the ``New 8-Hour 
Ozone and PM2.5 National Ambient Air Quality Standards and 
Miscellaneous Revisions for Existing Areas; Transportation Conformity 
Rule Amendments--Response to Court Decision and Additional Rule 
Change,'' on July 1, 2004.\24\ Additional information on the adequacy 
process for transportation conformity purposes is available in a June 
30, 2003, proposed rule titled, ``Transportation Conformity Rule 
Amendments: Response to Court Decision and Additional Rule Changes.'' 
\25\
---------------------------------------------------------------------------

    \24\ 69 FR 40004.
    \25\ 68 FR 38974, 38984.
---------------------------------------------------------------------------

    The Illinois RFP and contingency measure plan includes VOC and 
NOX MVEBs for the Illinois portion of the Chicago area for 
2017. EPA reviewed the VOC and NOX MVEBs through the 
adequacy process. Illinois's January 10, 2019, RFP and contingency 
measure SIP submission, including the VOC and NOX MVEBs for 
the Illinois portion of the Chicago area, was available for public 
comment on EPA's adequacy website on February 22, 2019, found at: 
https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa. The EPA 
public comment period on adequacy of the 2017 MVEBs for the Illinois 
portion of the Chicago area closed on March 25, 2019. No comments on 
the submittal were received during the adequacy comment period. The 
submitted RFP and contingency measure plan, which included the MVEBs, 
was endorsed by the Governor's 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 the 15 percent RFP and 3 percent RFP contingency 
measures requirements of the 2008 8-hour ozone standard.

                  Table 6--2017 VOC and NOX MVEBs for the Illinois Portion of the Chicago Area
                                                     [tpsd]
----------------------------------------------------------------------------------------------------------------
                                                                Allocation of surplus
                                     2017 on-road emissions     reductions to on-road          2017 MVEBs
                                                                    mobile sector
----------------------------------------------------------------------------------------------------------------
VOC...............................                    80.08                     52.92                    133.00
NOX...............................                   164.40                     39.60                    204.00
----------------------------------------------------------------------------------------------------------------

    As shown in Table 6, the 2017 MVEBs exceed the estimated 2017 on-
road sector emissions. In an effort to accommodate future variations in 
travel demand models and vehicle miles traveled forecast, Illinois 
allocated a portion of the surplus RFP and contingency plan reductions 
to the mobile sector. Illinois has demonstrated that the Illinois 
portion of the Chicago area can meet the 15 percent RFP and 3 percent 
RFP contingency measure requirements of the 2008 ozone NAAQS with 
mobile source emissions of 133.00 tpsd of VOC and 204.00 tpsd of 
NOX in 2017, because despite partial allocation of the RFP 
and RFP contingency measures plan surplus reductions, emissions will 
remain under 2017 RFP plus contingency measure target levels. EPA has 
found adequate and is thus proposing to approve the 2017 VOC and 
NOX MVEBs for use to determine transportation conformity in 
the Illinois portion of the Chicago area under the 2008 ozone NAAQS 
because EPA has determined that the area can meet the 15 percent RFP 
and 3 percent RFP contingency measure requirements of the 2008 ozone 
NAAQS with mobile source emissions at the levels of the MVEBs.

D. Motor Vehicle I/M Program Certification

    The requirement to adopt a motor vehicle I/M program for moderate 
ozone nonattainment areas is described in CAA section 182(b)(4), and 
the regulations for basic and enhanced I/M programs are found at 40 CFR 
part 51, subpart S. Under these cumulative requirements, states with 
areas classified as moderate nonattainment for ozone with 1990 Census-
defined urbanized populations of 200,000 or more are required to adopt 
basic I/M programs, while serious and higher classified ozone 
nonattainment areas outside of the northeast ozone transport region 
with 1990 Census-defined urbanized populations of 200,000 or more are 
required to adopt enhanced I/M programs. The Chicago area meets the 
criteria for mandatory I/M under the 2008 ozone NAAQS.
    The Illinois portion of the Chicago area was required to adopt an 
enhanced I/M program under the 1-hour ozone NAAQS. EPA approved 
Illinois's enhanced I/M program on February 22, 1999 (64 FR 8517) and 
on August 13, 2014 (79 FR 47377). The Illinois I/M program for the 
Chicago nonattainment area is governed by: 625 ILCS 5/13C--Illinois 
Vehicle Emissions Inspection Law of 2005; 35 Illinois Administrative 
Code 240--Emissions Standards and Limitations for Mobile Sources; and 
35 Illinois Administrative Code 276--Procedures to be followed in the 
performance of inspections of Motor

[[Page 22700]]

Vehicle Emissions. These requirements remain in place in the Illinois 
ozone SIP. In its January 10, 2019, submission, Illinois certified that 
the existing SIP-approved enhanced I/M program in place for the Chicago 
area satisfies the I/M requirements of section 182(b)(4) of the CAA for 
the Illinois portion of the Chicago area for the 2008 ozone NAAQS. We 
agree that Illinois has satisfied the CAA section 182(b)(4) I/M 
requirement for the Chicago area for the 2008 ozone NAAQS.

III. What action is EPA proposing?

    EPA is proposing to approve revisions to the Illinois SIP pursuant 
to section 110 and part D of the CAA and EPA's regulations because 
IEPA's January 10, 2019, SIP plan submission satisfies the emissions 
inventory, RFP, RFP contingency measures, transportation conformity, 
and I/M requirements of the CAA for the Illinois portion of the Chicago 
area for the 2008 ozone NAAQS. Final approval of these portions of 
IEPA's January 10, 2018 SIP revision would permanently stop the FIP 
clocks triggered by the December 11, 2017 finding with respect to a 
basic I/M program and RFP. Final approval of these portions of IEPA's 
submittal will not affect the FIP clocks triggered by the December 11, 
2017 finding for the following SIP elements: Contingency measures for 
VOC and NOX, an attainment demonstration, RACT non-control 
techniques guidelines for major stationary sources of VOC, and RACT for 
major stationary sources of NOX.

IV. Statutory and Executive Order Reviews

    Under the CAA 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, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is 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.);
     Does 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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is 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
     Does 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: April 8, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-07817 Filed 4-22-20; 8:45 am]
 BILLING CODE 6560-50-P