[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
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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
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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
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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).
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* 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
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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
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County On- Non- On- Non-
Point Area road road Total Point Area road road Total
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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
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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]
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Description Formula VOC NOX
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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
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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.
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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\
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\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.
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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\
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\24\ 69 FR 40004.
\25\ 68 FR 38974, 38984.
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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