[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55383-55387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17343]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0555; FRL-11148-02-R5]


Air Plan Approval; Illinois; Base Year Emissions Inventory for 
the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act (CAA), revisions to the State Implementation Plan 
(SIP) submitted by the Illinois Environmental Protection Agency 
(Illinois EPA) on October 22, 2020, and February 14, 2023. The 
revisions address the emissions inventory requirements for the Chicago 
and Metro-East nonattainment areas under the 2015 ozone National 
Ambient Air Quality Standard (NAAQS or standard). The Chicago 
nonattainment area includes Cook, DuPage, Grundy (Aux Sable and Goose 
Lake Townships), Kane, Kendall (Oswego Township), Lake, McHenry, and 
Will counties. The Metro-East nonattainment area includes Madison, 
Monroe, and St. Clair counties. The CAA requires emissions inventories 
for all ozone nonattainment areas.

DATES: This direct final rule will be effective October 16, 2023, 
unless EPA receives adverse comments by September 14, 2023. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0555 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Emily Crispell, Environmental 
Scientist, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8512, [email protected]. The 
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding Federal holidays and facility closures due to COVID-
19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. The 2015 Ozone NAAQS Emissions Inventory Rule Requirements

    On December 28, 2015, EPA promulgated a revised 8-hour ozone NAAQS 
of 0.070 parts per million (ppm). See 80 FR 65292. Portions of the 
Chicago area and the Metro-East area were designated as marginal 
nonattainment areas for the 2015 ozone NAAQS. See 83 FR 25776 (August 
3, 2018). The Chicago and Metro-East areas have since been reclassified 
as moderate

[[Page 55384]]

nonattainment areas. See 87 FR 60897 (November 7, 2022).
    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, 
emission inventories for all areas designated as nonattainment for any 
NAAQS, including the ozone NAAQS. An emission inventory for ozone is an 
estimation of actual emissions of air pollutants that contribute to the 
formation of ozone in an area. Ozone is a gas that is formed by the 
reaction of Volatile Organic Compounds (VOC) and Oxides of Nitrogen 
(NOX) in the atmosphere in the presence of sunlight (VOC and 
NOX are referred to as ozone precursors). Therefore, an 
emission inventory for ozone focuses on the emissions of VOC and 
NOX. VOC is emitted by many types of pollution sources, 
including power plants, industrial sources, on-road and non-road mobile 
sources, smaller stationary sources, collectively referred to as area 
sources, and biogenic sources. NOX is primarily emitted by 
combustion sources, both stationary and mobile.
    Emission inventories provide emissions data for a variety of air 
quality planning tasks, including establishing baseline emission level 
(anthropogenic [manmade] emissions associated with ozone standard 
violations), calculating emission reduction targets needed to attain 
the NAAQS and to achieve reasonable further progress (RFP) toward 
attainment of the ozone standard, determining emission inputs for ozone 
air quality modeling analyses, and tracking emissions over time to 
determine progress toward achieving air quality and emission reduction 
goals. As stated above, the CAA requires the states to submit emissions 
inventories for areas designated as nonattainment for ozone. The 
``Implementation of the 2015 National Ambient Air Quality Standards for 
Ozone: Nonattainment Area State Implementation Plan Requirements'' 
specifies that states submit ozone season day emissions estimates for 
an inventory calendar year to be consistent with the baseline year for 
the RFP plan as required by 40 CFR 51.1310(b). See 83 FR 62998 
(February 4, 2019). For the RFP baseline year for the 2015 ozone NAAQS 
under 40 CFR 51.1310(b), states may use a calendar year for the most 
recently available complete triennial (3-year cycle) emissions 
inventory (40 CFR 51, subpart A) preceding the year of the area's 
effective date of designation as a nonattainment area. (83 FR 63034-
63035, December 6, 2018).\1\ States are required to submit estimates of 
VOC and NOX emissions for four general classes of 
anthropogenic sources: stationary point sources; area sources; on-road 
mobile sources; and non-road mobile sources.
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    \1\ The RFP requirements specified in CAA section 182(b)(1) 
shall apply to all area's designated nonattainment for ozone 
classified Moderate or higher.
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II. Illinois EPA's Emissions Inventory

    On October 22, 2020, Illinois EPA submitted a SIP revision 
addressing the emissions inventory requirement of CAA section 
182(a)(1). The October 22, 2020, submittal did not provide information 
for McHenry and Monroe Counties as those counties were not originally 
included in the nonattainment areas. On June 14, 2021, McHenry County 
was added to the Chicago nonattainment area and Monroe County was added 
to the Metro-East nonattainment area (86 FR 31438). On February 14, 
2023, Illinois EPA submitted an updated SIP revision including 
emissions inventory information for McHenry and Monroe Counties and an 
updated mobile source inventory using the most recent Motor Vehicle 
Emissions Simulator (MOVES3). Illinois EPA provided documentation of a 
2017 NOX and VOC base year emissions inventory requirement 
for the Chicago metropolitan and the Metro-East nonattainment areas. 
Illinois EPA selected 2017 because: (1) the 2017 baseline year was the 
most recent comprehensive, accurate, and quality assured triennial 
emissions inventory in the National Emissions Inventory (NEI) database 
available at the time the state began preparing the emissions inventory 
submittal for the Chicago and the Metro-East nonattainment areas; and 
(2) it is consistent with baseline year for the RFP plan as required by 
40 CFR 51.1310(b). The baseline year for RFP would be the calendar year 
for the most recently available triennial emissions inventory at the 
time rate of progress/RFP plans are developed (e.g., 2017 for initial 
designations effective in 2018) (83 FR 62998). Tables 1 and 2 summarize 
the 2017 NOX and VOC emissions for the Chicago area and the 
Metro-East area in tons of emissions per ozone season day.\2\
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    \2\ The ozone season is the portion of the year in which high 
ozone concentrations may be expected in a given area.

                                  Table 1--2017 Ozone Season Day NOX Emissions
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                                                                                                      Total NOX
           County/nonattainment area                Point         Area       Non-road     On-road
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Chicago Nonattainment Area.....................        76.82        33.59       131.52       160.36       402.29
Metro-East Nonattainment Area..................        12.12         1.93        20.68        17.04        51.77
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                                  TABLE 2--2017 Ozone Season Day VOC Emissions
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           County/nonattainment area                Point         Area       Non-road     On-road     Total VOC
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Chicago Nonattainment Area.....................        45.31       226.68        70.09        63.28       405.36
Metro-East Nonattainment Area..................         9.79        19.41         5.01         6.13        40.34
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A. Base Year Inventory

    Illinois EPA estimated NOX and VOC emissions for all 
source categories in the Chicago and Metro-East ozone nonattainment 
areas. Emissions for these counties were totaled by source category for 
each ozone nonattainment area.
1. Point Sources
    To develop the NOX and VOC point source emissions 
inventories, Illinois EPA used the annual source reported emissions 
data including emissions, process rates, operating schedules, emission 
control data, and other relevant information obtained from the permit 
files and plant inspections. Ozone season day emissions for point 
sources were calculated for each process using the original source 
specific data.

[[Page 55385]]

2. Area Sources
    To develop the NOX and VOC area source emissions 
inventories, Illinois EPA used 2017 category activity levels, where 
available, or projections of changes in activity from 2014 to 2017 
levels with a preference to Illinois-specific data.
3. On-Road and Non-Road Sources
    To develop the NOX and VOC on-road and non-road source 
emissions inventories, Illinois EPA used EPA's MOVES3 model. Inputs to 
run the model were provided by the Division of Mobile Source Programs 
within the Illinois EPA's Bureau of Air. Aircraft emissions were 
calculated using actual activity data (operations) for each airport. 
Emissions from locomotives were calculated from data provided by EPA. 
Commercial marine vessel emissions were grown from 2014 emissions 
estimates using a growth factor for 2014 to 2017 calculated by using 
the ratio of the total tonnage shipped for those years for the 
Illinois, Mississippi, and Ohio Rivers based on data from the 
Waterborne Commerce Statistics Center's (U.S. Army Corps of Engineers) 
Waterborne Commerce Statistics Report for Calendar Year 2017.

B. How did the state develop the emission inventories?

    For point sources (electrical generating units (EGUs) and non-
EGUs), Illinois EPA calculates and stores emissions data annually in 
the state's air emissions inventory database. Under the authority of 35 
Ill. Adm. Code 254 and 203, Illinois EPA requires any facility in the 
state that emits a pollutant above the specified thresholds to submit 
emission inventory statements annually. These reports are required to 
contain detailed source type-specific or annual source unit-specific 
and seasonal actual emissions for all source units in a facility. 
Illinois EPA has provided a detailed list of point sources included in 
the 2017 base year inventory by nonattainment area and source category 
with their respective NOX and VOC emissions within 
appendices A and B of their February 14, 2023, submittal.
    For area source (sometimes referred to as non-point source) 
emissions, Illinois EPA relied on a variety of state-specific data to 
estimate emissions based on EPA's procedures and guidance for the 2017 
base emissions inventory. Area sources are spread over wide areas with 
no distinct discharge points or are comprised of a large number of 
small point sources that are difficult to describe separately and whose 
emissions are not well characterized (e.g., heating furnaces in 
individual homes, architectural surface coating, automobile refueling, 
dry cleaning, etc.).
    To develop an accurate and complete area source inventory, Illinois 
EPA used data from EPA's AP-42: Compilation of Air Emissions Factors, 
EPA's WebFIRE emission factor database, and data from Federal and state 
agencies including EPA's Office of Air Quality Planning and Standards, 
the U.S. Department of Energy, U.S. Bureau of Labor Statistics, 
Illinois Department of Transportation, Illinois Department of 
Agriculture, along with 2017 category activity levels, where available, 
or projections of changes in activity from 2014 to 2017 levels with a 
preference to Illinois-specific data. In most cases, Illinois EPA 
calculated 2017 area source emissions estimates by using emissions 
factors detailed in appendix D of Illinois EPA's submittal. In other 
cases, Illinois EPA estimated area source emissions by using growth 
factors to convert 2014 emissions to 2017 emission levels. The area 
source emissions for the partial county 2015 ozone NAAQS nonattainment 
areas, were apportioned by taking the whole county emission estimates 
and allocating to the partial county areas on a township level using 
surrogates related to the activity being estimated.
    Illinois EPA has provided a detailed list of the area sources 
included in the 2017 base year inventory by Source Classification Code 
(SCC) and county, with their respective NOX and VOC 
emissions in appendices A and B, including a detailed discussion how 
the emissions were derived for each source category within their 
February 14, 2023, submittal.
    The non-road mobile source emissions were developed by Illinois EPA 
using MOVES3. Commercial marine vessel emissions were grown from 2014 
values. Aircraft emissions were calculated using the number of landings 
and take-offs in conjunction with an emission factor using the 
Emissions and Dispersion Modeling System. In appendices A and B of its 
submittal, Illinois EPA provided a list of the non-road sources 
included in the 2017 base year inventory by SCC and county, with their 
respective NOX and VOC emissions.
    On-road mobile source emissions were developed by Illinois EPA 
using MOVES3. The state-specific data inputs were retrieved from 
Division of Mobile Source Programs within the Illinois EPA's Bureau of 
Air.
    Most of the quality assurance (QA) for on-road mobile emissions was 
processed through tools built into MOVES3. Additionally, just like the 
point and nonpoint inventories, QA was performed when the data was 
submitted to the Emissions Inventory System Gateway. In appendices A 
and B of the February 14, 2023, submittal, Illinois EPA documented on-
road emissions by SCC and county.

III. EPA's Evaluation

    EPA has reviewed Illinois EPA's October 22, 2020, and February 14, 
2023, SIP submittals for consistency with sections 172(c)(3) and 
182(a)(1) of the CAA, and EPA's emission inventory requirements. In 
particular, EPA has reviewed the techniques used by Illinois EPA to 
derive and quality assure the emissions estimates. Illinois EPA 
documented the procedures used to estimate the emissions for each of 
the major source types. The documentation of the emission estimation 
procedures is sufficient for EPA to determine that Illinois followed 
acceptable procedures to estimate the emissions.
    Illinois EPA developed a QA plan and followed this plan during 
various phases of the emissions estimation and documentation process to 
QA the emissions for completeness and accuracy. These quality assurance 
procedures were summarized in the documentation describing how the 
emissions totals were developed. The quality assurance procedures have 
been determined to be adequate and acceptable. We conclude that 
Illinois EPA has developed inventories of NOX and VOC 
emissions that are comprehensive and complete.

IV. Illinois's Public Notice and Comment

    40 CFR part 51, appendix V, requires that the state provide 
sufficient notice and opportunity for public comment and hearing on all 
SIP submittals. On October 11, 2022, Illinois EPA notified the public 
of the 30-day period for the opportunity to comment on the requested 
SIP revisions pertaining to the emission inventories for the 2015 ozone 
NAAQS nonattainment areas. The notification was published on Illinois 
EPA's website at: https://www2.illinois.gov/epa/public-notices/Pages/default.aspx. Illinois EPA did not receive any public comments or 
requests for a public hearing by the stated date in the public notice. 
Illinois EPA canceled the public hearing.

V. What action is EPA taking?

    EPA is approving Illinois EPA's SIP revision submitted to address 
the ozone-related emission inventory requirements for the Chicago 
metropolitan area and the Metro-East area nonattainment areas for the 
2015 ozone NAAQS. The

[[Page 55386]]

emission inventories we are approving into the SIP are specified in 
Tables 1 and 2, above. We are approving the emission inventories 
because they contain comprehensive, accurate, and current inventories 
of actual emissions for all relevant sources in accordance with CAA 
sections 172(c)(3) and 182(a), and because Illinois adopted the 
emission inventories after providing for reasonable public notice and a 
public hearing.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective October 16, 
2023 without further notice unless we receive relevant adverse written 
comments by September 14, 2023. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
October 16, 2023.

VI. 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The Illinois EPA did not evaluate environmental justice 
considerations as part of its SIP submittal; the CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. EPA did not perform an environmental justice analysis and 
did not consider environmental justice in this action. Due to the 
nature of the action being taken, this action is expected to have a 
neutral to positive impact on the air quality of the affected area. 
Consideration of environmental justice is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving environmental justice for people 
of color, low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 16, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 8, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, 40 CFR part 52 is amended 
as follows:

[[Page 55387]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. In Sec.  52.720, amend the table in paragraph (e) under the heading 
``Emissions Inventories'' by adding an entry for ``Emissions 
inventory--2017 (2015 8-hour ozone)'' after the entry for ``Emission 
inventory--2012 (2008 Lead)'' to read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (e) * * *

                       EPA Approved Illinois Nonregulatory and Quasi-Regulatory Provisions
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                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date         Comments
                                    nonattainment area       date
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                                                  * * * * * * *
Emissions inventory--2017 (2015 8- Chicago and St.        10/22/2020  8/15/2023, [INSERT    ....................
 hour ozone).                       Louis areas.                       Federal Register
                                                                       CITATION].
 
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[FR Doc. 2023-17343 Filed 8-14-23; 8:45 am]
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