Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Proposed Rules 79579 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2010–0523; FRL–9610–5] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Illinois; Redesignation of 

the Illinois Portion of the St. Louis, 

MO-IL Area to Attainment for the 1997 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a request from Illinois to redesignate the 

Illinois portion of the St. Louis, MO-IL 

nonattainment area, ‘‘the St. Louis 

area,’’ to attainment for the 1997 8-hour 

ozone standard because the request 

meets the statutory requirements for 

redesignation under the Clean Air Act 

(CAA). The St. Louis area includes 

Jersey, Madison, Monroe, and St. Clair 

Counties in Illinois and St. Louis City 

and Franklin, Jefferson, St. Charles and 

St. Louis Counties in Missouri. The 

Illinois Environmental Protection 

Agency (IEPA) submitted this request on 

May 26, 2010 and supplemented it on 

September 16, 2011. (EPA will address 

the Missouri portion of the St. Louis 

area in a separate rulemaking action.) 

This proposed approval also involves 

several related actions. EPA is 

proposing to approve, as a revision to 

the Illinois State Implementation Plan 

(SIP), the State’s plan for maintaining 

the 1997 8-hour ozone National 

Ambient Air Quality Standard (NAAQS) 

through 2025 in the area. EPA is 

proposing to approve the 2002 

emissions inventory, submitted by IEPA 

on June 21, 2006, and supplemented on 

September 16, 2011, as meeting the 

comprehensive emissions inventory 

requirement of the CAA for the Illinois 

portion of the St. Louis area. Finally, 

EPA finds adequate and is proposing to 

approve the State’s 2008 and 2025 

Motor Vehicle Emission Budgets 

(MVEBs) for the Illinois portion of the 

St. Louis area. 

DATES: Comments must be received on 

or before January 23, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0523, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. Email: Aburano.Douglas@epa.gov. 

3. Fax: (312) 353–6960. 

4. Mail: Doug Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand delivery: Doug Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, 18th floor, Chicago, Illinois 

60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

0523. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional instructions 

on submitting comments, go to section 

I of this document, ‘‘What Should I 

Consider as I Prepare My Comments for 

EPA?’’ 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone 

Kathleen D’Agostino, Environmental 

Engineer, at (312) 886–1767 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. What should I consider as I prepare my 

comments for EPA? 

II. What actions is EPA proposing to take? 

III. What is the Background for these actions? 

A. What is the general background 

information? 

B. What are the impacts of the December 

22, 2006, and June 8, 2007, United States 

Court of Appeals decisions regarding 

EPA’s Phase 1 Implementation Rule? 

1. Summary of Court Decision 

2. Requirements Under the 8-Hour 

Standard 

3. Requirements Under the 1-Hour 

Standard 

IV. What are the criteria for redesignation to 

attainment? 

V. What is EPA’s analysis of the state’s 

request? 

A. Redesignation 

1. The Area Has Attained the 8-Hour 

Ozone NAAQS (Section 107(d)(3)(E)(i)) 

2. The Area Has Met All Applicable 

Requirements Under Section 110 and 

Part D; and the Area Has a Fully 

Approved SIP under Section 110(k) 

(Sections 107(d)(3)(E)(v) and 

107(d)(3)(E)(ii)) 

3. The Improvement in Air Quality Is Due 

to Permanent and Enforceable 

Reductions in Emissions Resulting From 

Implementation of the SIP and 

Applicable Federal Air Pollution Control 

Regulations and Other Permanent and 

Enforceable Reductions (Section 

107(d)(3)(E)(iii)) 

4. The Area Has a Fully Approved 

Maintenance Plan Pursuant to Section 


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175A of the CAA (Section 

107(d)(3)(E)(iv)) 

B. Adequacy of the MVEBs 

C. 2002 Comprehensive Emissions 

Inventory 

VI. Summary of Actions 

VII. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information 

and/or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What actions is EPA proposing to 

take? 

EPA is proposing to determine that 

the Illinois portion of the St. Louis area 

has met the requirements for 

redesignation under section 107(d)(3)(E) 

of the CAA. EPA is thus proposing to 

approve the request from IEPA to 

change the legal designation of the 

Illinois portion of the St. Louis area 

from nonattainment to attainment for 

the 1997 8-hour ozone NAAQS. EPA is 

also taking several additional actions 

related to the State’s redesignation 

request, as discussed below. 

EPA is proposing to approve, as a 

revision to the Illinois SIP, the State’s 

maintenance plan (such approval being 

one of the CAA criteria for redesignation 

to attainment status). The maintenance 

plan is designed to keep the St. Louis 

area in attainment of the ozone NAAQS 

through 2025. 

EPA is proposing to approve the 2002 

volatile organic compound (VOC) and 

nitrogen oxides (NOX) emissions 

inventories for the Illinois portion of the 

St. Louis area, documented in IEPA’s 

May 26, 2010, and September 16, 2011 

submittals. These emissions inventories 

satisfy the requirement in section 

182(a)(1) of the CAA for a 

comprehensive emission inventory. 

Finally, EPA finds adequate and is 

proposing to approve the newlyestablished 2008 and 2025 MVEBs for 

the Illinois portion of the St. Louis area. 

The adequacy comment period for the 

MVEBs began on September 26, 2011, 

with EPA’s posting of the availability of 

the submittal on EPA’s Adequacy Web 

site (at http://www.epa.gov/otaq/

stateresources/transconf/adequacy.

htm). The adequacy comment period for 

these MVEBs ended on October 26, 

2011. EPA did not receive any requests 

for this submittal, or comments on this 

submittal during the adequacy comment 

period. Please see section V.B. of this 

rulemaking, ‘‘Adequacy of the MVEBs,’’ 

for further explanation of this process. 

Therefore, EPA finds adequate, and is 

proposing to approve, the State’s 2008 

and 2025 MVEBs for the Illinois portion 

of the St. Louis area. These MVEBs will 

be used in future transportation 

conformity analyses for the area. 

III. What is the background for these 

actions? 

A. What is the general background 

information? 

Ground-level ozone is not emitted 

directly by sources. Rather, emissions of 

NOX and VOCs react in the presence of 

sunlight to form ground-level ozone. 

NOX and VOCs are referred to as 

precursors of ozone. 

The CAA establishes a process for air 

quality management through the 

NAAQS. Before promulgation of the 

8-hour standard, the ozone NAAQS was 

based on a 1-hour standard. On 

November 6, 1991 (56 FR 56693, 56751 

and 56813), the St. Louis area was 

designated as a moderate nonattainment 

area under the 1-hour ozone NAAQS. 

Jersey County, Illinois, was not included 

as part of the St. Louis area, and was 

designated as a marginal nonattainment 

area under the 1-hour standard (56 FR 

56693 and 56751). The Illinois portion 

of the St. Louis area was subsequently 

redesignated to attainment of the 1-hour 

standard effective May 12, 2003. (See 68 

FR 25442, published May 12, 2003.) 

Jersey County was redesignated to 

attainment of the 1-hour standard 

effective April 13, 1995. (See 60 FR 

13631, published March 14, 1995.) 

These attainment designations were 

thus in effect at the time EPA revoked 

the 1-hour ozone NAAQS, on June 15, 

2005. 

On July 18, 1997 (62 FR 38856), EPA 

promulgated an 8-hour ozone standard 

of 0.08 parts per million parts (ppm). On 

April 30, 2004 (69 FR 23857), EPA 

published a final rule designating and 

classifying areas under the 8-hour ozone 

NAAQS. These designations and 

classifications became effective June 15, 

2004. EPA designated as nonattainment 

any area that was violating the 8-hour 

ozone NAAQS based on the three most 

recent years of air quality data, 2001– 

2003. 

The CAA contains two sets of 

provisions, subpart 1 and subpart 2, that 

address planning and control 

requirements for nonattainment areas. 

(Both are found in title I, part D, of the 

CAA; 42 U.S.C. 7501–7509a and 7511– 

7511f, respectively.) Subpart 1 contains 

general requirements for nonattainment 

areas for any pollutant, including ozone, 

governed by a NAAQS. Subpart 2 

provides more specific requirements for 

ozone nonattainment areas. 

Under EPA’s implementation rule for 

the 1997 8-hour ozone standard, (69 FR 

23951, published April 30, 2004), an 

area was classified under subpart 2 

based on its 8-hour ozone design value 

(i.e. the three-year average annual 

fourth-highest daily maximum 8-hour 

average ozone concentration), if it had a 

1-hour design value at the time of 

designation at or above 0.121 ppm (the 

lowest 1-hour design value in Table 1 of 

subpart 2) (69 FR 23954). All other areas 

were covered under subpart 1, based 

upon their 8-hour design values (69 FR 

23958). The St. Louis area was 

designated as a subpart 2, 8-hour ozone 

moderate nonattainment area by EPA on 

April 30, 2004 (69 FR 23857, 23898, and 

23915), based on air quality monitoring 

data from 2001–2003 (69 FR 23860). 

40 CFR 50.10 and 40 CFR part 50, 

appendix I provide that the 8-hour 

ozone standard is attained when the 

three-year average of the annual fourthhighest daily maximum 8-hour average 

ozone concentration is less than or 

equal to 0.08 ppm, when rounded. The 

data completeness requirement is met 

when the average percent of days with 

valid ambient monitoring data is greater 

than 90%, and no single year has less 

than 75% data completeness. See 40 

CFR part 50, appendix I, 2.3(d). 

IEPA submitted a request to 

redesignate the Illinois portion of the St. 

Louis area to attainment for the 8-hour 

ozone standard on May 26, 2010 and 

supplemented the request on September 

16, 2011. Complete, quality-assured and 

certified data for 2008–2010 indicate 

that the 8-hour NAAQS for ozone, as 

promulgated in 1997, has been attained 

for the St. Louis area. In addition, 

available preliminary monitoring data 

for 2011 continue to show the area in 

attainment of the standard. Under the 

CAA, nonattainment areas may be 


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redesignated to attainment if sufficient 

complete, quality-assured data are 

available for the Administrator to 

determine that the area has attained the 

standard, and the area meets the other 

CAA redesignation requirements in 

section 107(d)(3)(E). 

On March 27, 2008 (73 FR 16436), 

EPA promulgated a revised 8-hour 

ozone standard of 0.075 ppm. EPA has 

not yet designated areas under the 2008 

standard. The actions addressed in 

today’s proposed rulemaking relate only 

to the 1997 8-hour ozone standard. 

B. What are the impacts of the 

December 22, 2006, and June 8, 2007, 

United States Court of Appeals 

decisions regarding EPA’s Phase 1 

Implementation Rule? 

1. Summary of Court Decision 

On December 22, 2006, in South 

Coast Air Quality Management Dist. v. 

EPA, the U.S. Court of Appeals for the 

District of Columbia Circuit vacated 

EPA’s Phase 1 Implementation Rule for 

the 8-hour Ozone Standard (69 FR 

23951, April 30, 2004). 472 F.3d 882 

(DC Cir. 2006). On June 8, 2007, in 

response to several petitions for 

rehearing, the D.C. Circuit Court (Court) 

clarified that the Phase 1 Rule was 

vacated only with regard to those parts 

of the rule that had been successfully 

challenged. Id., Docket No. 04 1201. 

Therefore, several provisions of the 

Phase 1 Rule remain effective: 

Provisions related to classifications for 

areas currently classified under subpart 

2 of title I, part D, of the CAA as 8-hour 

ozone nonattainment areas; the 8-hour 

ozone attainment dates; and the timing 

for emissions reductions needed for 

attainment of the 8-hour ozone NAAQS. 

The June 8, 2007, decision also left 

intact the Court’s rejection of EPA’s 

reasons for implementing the 8-hour 

standard in certain nonattainment areas 

under subpart 1 in lieu of subpart 2. By 

limiting the vacatur, the Court let stand 

EPA’s revocation of the 1-hour standard 

and those anti-backsliding provisions of 

the Phase 1 Rule that had not been 

successfully challenged. 

The June 8, 2007, decision reaffirmed 

the December 22, 2006, decision that 

EPA had improperly failed to retain four 

measures required for 1-hour 

nonattainment areas under the antibacksliding provisions of the 

regulations: (1) Nonattainment area New 

Source Review (NSR) requirements 

based on an area’s 1-hour nonattainment 

classification; (2) section 185 penalty 

fees for 1-hour severe or extreme 

nonattainment areas; (3) measures to be 

implemented pursuant to section 

172(c)(9) or 182(c)(9) of the CAA, on the 

contingency of an area not making 

reasonable further progress toward 

attainment of the 1-hour NAAQS, or for 

failure to attain that NAAQS; and (4) 

certain transportation conformity 

requirements for certain types of Federal 

actions. The June 8, 2007, decision 

clarified that the Court’s reference to 

conformity requirements was limited to 

requiring the continued use of 1-hour 

motor vehicle emissions budgets until 8- 

hour budgets were available for 8-hour 

conformity determinations. 

This section sets forth EPA’s views on 

the potential effect of the Court’s rulings 

on this proposed redesignation action. 

For the reasons set forth below in 

sections B.2. and B.3., EPA does not 

believe that the Court’s rulings alter any 

requirements relevant to this 

redesignation action so as to preclude 

redesignation or prevent EPA from 

proposing or ultimately finalizing this 

redesignation. EPA concludes that the 

Court’s December 22, 2006, and June 8, 

2007, decisions impose no impediment 

to moving forward with redesignation of 

this area to attainment, because even in 

light of the Court’s decisions, 

redesignation is appropriate under the 

relevant redesignation provisions of the 

CAA and longstanding policies 

regarding redesignation requests. 

2. Requirements Under the 8-Hour 

Standard 

With respect to the 8-hour standard, 

the St. Louis area is classified under 

subpart 2. The June 8, 2007, opinion 

clarifies that the Court did not vacate 

the Phase 1 Rule’s provisions with 

respect to classifications for areas under 

subpart 2. The Court’s decision 

therefore upholds EPA’s classifications 

for those areas classified under subpart 

2 for the 1997 8-hour ozone standard. 

3. Requirements Under the 1-Hour 

Standard 

With respect to the 1-hour standard 

requirements, the St. Louis area and 

Jersey County area were attainment 

areas subject to a CAA section 175A 

maintenance plan under the 1-hour 

standard. The DC Circuit’s decisions 

with respect to 1-hour nonattainment 

anti-backsliding requirements do not 

impact redesignation requests for these 

types of areas, except to the extent that 

the Court, in its June 8, 2007, decision, 

clarified that for those areas with 1-hour 

motor vehicle emissions budgets in their 

maintenance plans, anti-backsliding 

requires that those 1-hour budgets must 

be used for 8-hour conformity 

determinations until replaced by 8-hour 

budgets. All conformity determinations 

must comply with the applicable 

requirements of EPA’s conformity 

regulations at 40 CFR part 93. 

The three other anti-backsliding 

provisions for the 1-hour standard that 

the Court found were not properly 

retained, the nonattainment NSR 

requirements, contingency measures 

(pursuant to section 172(c)(9) or 

182(c)(9)), and penalty fee provisions, 

do not apply to the St. Louis area and 

Jersey County area because these areas 

are attainment areas subject to a 

maintenance plan for the 1-hour 

standard, and have been redesignated to 

attainment for the 1-hour standard. 

Thus, the decision in South Coast Air 

Quality Management Dist. would not 

preclude EPA from finalizing the 

redesignation of the St. Louis area. 

IV. What are the criteria for 

redesignation to attainment? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) allows for redesignation 

provided that: (1) The Administrator 

determines that the area has attained the 

applicable NAAQS; (2) the 

Administrator has fully approved the 

applicable implementation plan for the 

area under section 110(k); (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A; and, (5) the state containing such 

area has met all requirements applicable 

to the area under section 110 and part 

D. Illinois’ request for redesignation of 

the Illinois portion of the St. Louis area 

is evaluated for each of these 

requirements in section V.A. below. 

EPA provided guidance on 

redesignation in the General Preamble 

for the Implementation of Title I of the 

CAA Amendments of 1990 on April 16, 

1992 (57 FR 13498), and supplemented 

this guidance on April 28, 1992 (57 FR 

18070). EPA has provided further 

guidance on processing redesignation 

requests in the following documents: 

‘‘Ozone and Carbon Monoxide Design 

Value Calculations,’’ Memorandum 

from William G. Laxton, Director 

Technical Support Division, June 

18, 1990; 

‘‘Maintenance Plans for Redesignation 

of Ozone and Carbon Monoxide 

Nonattainment Areas,’’ 

Memorandum from G.T. Helms, 


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1The design value is the highest three-year 

average of the fourth-highest daily maximum 8-hour 

average for all monitors within the area. 

Chief, Ozone/Carbon Monoxide 

Programs Branch, April 30, 1992; 

‘‘Contingency Measures for Ozone and 

Carbon Monoxide (CO) 

Redesignations,’’ Memorandum 

from G.T. Helms, Chief, Ozone/ 

Carbon Monoxide Programs Branch, 

June 1, 1992; 

‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, September 4, 1992; 

‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to 

Clean Air Act (ACT) Deadlines,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, October 28, 1992; 

‘‘Technical Support Documents (TSD’s) 

for Redesignation Ozone and 

Carbon Monoxide (CO) 

Nonattainment Areas,’’ 

Memorandum from G.T. Helms, 

Chief, Ozone/Carbon Monoxide 

Programs Branch, August 17, 1993; 

‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and 

Carbon Monoxide (CO) National 

Ambient Air Quality Standards 

(NAAQS) On or After November 15, 

1992,’’ Memorandum from Michael 

H. Shapiro, Acting Assistant 

Administrator for Air and 

Radiation, September 17, 1993; 

‘‘Use of Actual Emissions in 

Maintenance Demonstrations for 

Ozone and CO Nonattainment 

Areas,’’ Memorandum from D. Kent 

Berry, Acting Director, Air Quality 

Management Division, to Air 

Division Directors, Regions 1–10, 

November 30, 1993. 

‘‘Part D New Source Review (part D 

NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from 

Mary D. Nichols, Assistant 

Administrator for Air and 

Radiation, October 14, 1994; and 

‘‘Reasonable Further Progress, 

Attainment Demonstration, and 

Related Requirements for Ozone 

Nonattainment Areas Meeting the 

Ozone National Ambient Air 

Quality Standard,’’ Memorandum 

from John S. Seitz, Director, Office 

of Air Quality Planning and 

Standards, May 10, 1995. 

V. What is EPA’s analysis of the state’s 

request? 

A. Redesignation 

EPA is proposing to determine that 

the Illinois portion of the St. Louis area 

has met all applicable redesignation 

criteria under CAA section 107(d)(3)(E). 

The basis for EPA’s proposed approval 

of the redesignation request is as 

follows: 

1. The Area Has Attained the 8-Hour 

Ozone NAAQS (Section 107(d)(3)(E)(i)) 

On June 9, 2011 (76 FR 33647) EPA 

made a determination that the St. Louis 

area attained the 1997 8-hour ozone 

NAAQS based on monitoring data for 

the 2008–2010 time period. An area may 

be considered to be attaining the 8-hour 

ozone NAAQS if there are no violations, 

as determined in accordance with 40 

CFR 50.10 and part 50, appendix I, 

based on three complete, consecutive 

calendar years of quality-assured air 

quality monitoring data. To attain this 

standard, the three-year average of the 

fourth-highest daily maximum 8-hour 

average ozone concentration measured 

at each monitor within an area over 

each year must not exceed 0.08 ppm. 

Based on the rounding convention 

described in 40 CFR part 50, appendix 

I, the standard is attained if the design 

value 1 is 0.084 ppm or below. The data 

must be collected and quality-assured in 

accordance with 40 CFR part 58, and 

recorded in the EPA’s Air Quality 

System (AQS). The monitors generally 

should have remained at the same 

location for the duration of the 

monitoring period required for 

demonstrating attainment. 

All 2008–2010 monitoring data have 

been quality-assured in accordance with 

40 CFR 58.10, recorded in the AQS 

database, and certified. The data meet 

the completeness criteria in 40 CFR part 

50, appendix I, which requires a 

minimum completeness of 75 percent 

annually and 90 percent over each 

three-year period. Monitoring data are 

presented in Table 1 below. In addition, 

available preliminary monitoring data 

for 2011 continue to show the area in 

attainment of the standard. 

TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND THREE YEAR AVERAGES OF 4TH

HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS

State County Monitor 2008 4th high 

(ppm) 

2009 4th high 

(ppm) 

2010 4th high 

(ppm) 

2008–2010 

average 

(ppm) 

Illinois ............................ Jersey .......................... Jerseyville 17–083– 

1001.

0.069 0.068 0.072 0.069 

Madison ....................... Alton 17–119–0008 ..... 0.068 0.067 0.080 0.071 

Maryville 17–119–1009 0.070 0.074 0.074 0.072 

Wood River 17–119– 

3007.

0.067 0.066 0.070 0.067 

St. Clair ....................... East St. Louis 17–163– 

0010.

0.064 0.069 0.072 0.068 

Missouri ........................ Jefferson ..................... Arnold 29–099–00019 0.070 0.070 0.077 0.072 

St. Charles .................. Orchard Farm 29–183– 

1004.

0.072 0.073 0.077 0.074 

West Alton 29–183– 

1002.

0.076 0.071 0.084 0.077 

St. Louis ...................... Maryland Heights 29– 

189–0014.

0.069 0.070 0.076 0.071 

Pacific 29–189–0005 .. 0.064 0.064 0.069 0.065 

St. Louis City ............... Blair Street 29–510– 

0085.

0.073 0.065 0.071 0.069 


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2On October 27, 1998 (63 FR 57356), EPA issued 

a NOX SIP Call requiring the District of Columbia 

and 22 states to reduce emissions of NOX in order 

to reduce the transport of ozone and ozone 

precursors. In compliance with EPA’s NOX SIP Call, 

IEPA developed rules governing the control of NOX

emissions from Electric Generating Units (EGUs), 

major non-EGU industrial boilers, major cement 

kilns, and internal combustion engines. EPA 

approved the Illinois rules as fulfilling Phase I of 

the NOX SIP Call on June 28, 2001 (66 FR 34382) 

and November 21, 2001 (66 FR 56454), and as 

meeting Phase II of the NOX SIP Call on June 26, 

2009 (74 FR 30466). 

As discussed in section V.A.4. below 

with respect to the maintenance plan, 

IEPA has committed to continue to 

operate an EPA-approved monitoring 

network as necessary to demonstrate 

maintenance of the NAAQS. Should 

changes in the location of an ozone 

monitor become necessary, IEPA has 

committed to work with EPA to ensure 

the adequacy of the monitoring network. 

Illinois and Missouri remain obligated 

to continue to quality assure monitoring 

data in accordance with 40 CFR part 58 

and enter all data into AQS in 

accordance with Federal guidelines. 

2. The Area Has Met All Applicable 

Requirements Under Section 110 and 

Part D; and the Area Has a Fully 

Approved SIP Under Section 110(k) 

(Sections 107(d)(3)(E)(v) and 

107(d)(3)(E)(ii)) 

We have determined that Illinois has 

met all currently applicable SIP 

requirements for purposes of 

redesignation for the Illinois portion of 

the St. Louis area under section 110 of 

the CAA (general SIP requirements). We 

have also determined that the Illinois 

SIP meets all SIP requirements currently 

applicable for purposes of redesignation 

under part D of title I of the CAA 

(requirements specific to moderate 

nonattainment areas), in accordance 

with section 107(d)(3)(E)(v). In addition, 

with the exception of the 

comprehensive emissions inventory and 

certain VOC reasonably available 

control technology (RACT) regulations, 

we have determined that the Illinois SIP 

is fully approved with respect to all 

applicable requirements for purposes of 

redesignation, in accordance with 

section 107(d)(3)(E)(ii). As discussed 

below, in this action EPA is proposing 

to approve IEPA’s 2002 emissions 

inventory as meeting the comprehensive 

emissions inventory requirement. EPA 

is taking action on the Illinois VOC 

RACT regulations in a separate rule. 

In proposing these determinations, we 

have ascertained which SIP 

requirements are applicable to the 

Illinois portion of the St. Louis area for 

purposes of redesignation, and have 

determined that there are SIP measures 

meeting those requirements and that 

these measures have been fully 

approved or will be fully approved 

under section 110(k) of the CAA by the 

time EPA takes final action on the 

redesignation request. See discussions 

in sections a. and b. below. 

In the context of redesignations, EPA 

has interpreted requirements related to 

attainment as not applicable for 

purposes of redesignation. For example, 

in the General Preamble EPA stated that: 

[t]he section 172(c)(9) requirements are 

directed at ensuring RFP and attainment by 

the applicable date. These requirements no 

longer apply when an area has attained the 

standard and is eligible for redesignation. 

Furthermore, section 175A for maintenance 

plans * * * provides specific requirements 

for contingency measures that effectively 

supersede the requirements of section 

172(c)(9) for these areas. ‘‘General Preamble 

for the Interpretation of Title I of the Clean 

Air Act Amendments of 1990,’’ (General 

Preamble) 57 FR 13498, 13564 (April 16, 

1992). 

See also the September 4, 1992, 

Calcagni memorandum (‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air 

Quality Management Division, 

September 4, 1992) at 6 (‘‘The 

requirements for reasonable further 

progress and other measures needed for 

attainment will not apply for 

redesignations because they only have 

meaning for areas not attaining the 

standard.’’). 

a. The Illinois Portion of the St. Louis 

Area Has Met All Applicable 

Requirements for Purposes of 

Redesignation Under Section 110 and 

Part D of the CAA 

i. Section 110 General SIP requirements 

Section 110(a) of title I of the CAA 

contains the general requirements for a 

SIP. Section 110(a)(2) provides that the 

implementation plan submitted by a 

state must have been adopted by the 

state after reasonable public notice and 

hearing, and that, among other things, it 

includes enforceable emission 

limitations and other control measures, 

means or techniques necessary to meet 

the requirements of the CAA; provides 

for establishment and operation of 

appropriate devices, methods, systems 

and procedures necessary to monitor 

ambient air quality; provides for 

implementation of a source permit 

program to regulate the modification 

and construction of any stationary 

source within the areas covered by the 

plan; includes provisions for the 

implementation of part C, Prevention of 

Significant Deterioration (PSD) and part 

D, NSR permit programs; includes 

criteria for stationary source emission 

control measures, monitoring, and 

reporting; includes provisions for air 

quality modeling; and provides for 

public and local agency participation in 

planning and emission control rule 

development. 

Section 110(a)(2)(D) of the CAA 

requires that SIPs contain measures to 

prevent sources in a state from 

significantly contributing to air quality 

problems in another state. To 

implement this provision, EPA has 

required certain states to establish 

programs to address transport of air 

pollutants (NOX SIP Call,2 Clean Air 

Interstate Rule (CAIR) (70 FR 25162, 

May 12, 2005), and Cross-State Air 

Pollution Rule (CSAPR) (75 FR 48208, 

August 8, 2011), which replaces CAIR). 

However, the section 110(a)(2)(D) 

requirements for a state are not linked 

with a particular nonattainment area’s 

designation and classification. EPA 

concludes that the requirements linked 

with a particular nonattainment area’s 

designation and classification are the 

relevant measures to evaluate in 

reviewing a redesignation request. The 

section 110(a)(2)(D) requirements, 

where applicable, continue to apply to 

a state regardless of the designation of 

any one particular area in the state. 

Thus, we conclude that these 

requirements should not be construed to 

be applicable requirements for purposes 

of redesignation. 

Further, we conclude that the other 

section 110 elements described above 

that are not connected with 

nonattainment plan submissions and 

not linked with an area’s attainment 

status are also not applicable 

requirements for purposes of 

redesignation. A state remains subject to 

these requirements after an area is 

redesignated to attainment. We 

conclude that only the section 110 and 

part D requirements which are linked 

with a particular area’s designation and 

classification are the relevant measures 

which we may consider in evaluating a 

redesignation request. This approach is 

consistent with EPA’s existing policy on 

applicability of conformity and 

oxygenated fuels requirements for 

redesignation purposes, as well as with 

section 184 ozone transport 

requirements. See Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174–53176, 

October 10, 1996), (62 FR 24826, May 7, 

1997); Cleveland-Akron-Lorain, Ohio, 

final rulemaking (61 FR 20458, May 7, 

1996); and Tampa, Florida, final 

rulemaking (60 FR 62748, December 7, 

1995). See also the discussion on this 

issue in the Cincinnati, Ohio 1-hour 


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ozone redesignation (65 FR 37890, June 

19, 2000), and in the Pittsburgh, 

Pennsylvania 1-hour ozone 

redesignation (66 FR 50399, October 19, 

2001). 

We have reviewed the Illinois SIP and 

have concluded that it meets the general 

SIP requirements under section 110 of 

the CAA applicable to the State’s 

request for redesignation. EPA has 

previously approved provisions of the 

Illinois SIP addressing section 110 

elements under the 1-hour ozone 

standard (40 CFR 52.1870). Further in a 

submittal dated December 12, 2007, 

Illinois confirmed that the State 

continues to meet the section 110(a)(2) 

infrastructure requirements for the 8- 

hour ozone standard. EPA approved 

some elements of this Illinois submittal 

on July 13, 2011, at 76 FR 41075. The 

requirements of section 110(a)(2), 

however, are statewide requirements 

that are not linked to the 8-hour ozone 

nonattainment status of the St. Louis 

area. Therefore, EPA concludes that 

these infrastructure SIP elements are not 

applicable requirements for purposes of 

review of the State’s 8-hour ozone 

redesignation request. 

ii. Part D Requirements 

EPA has determined that, if EPA 

finalizes the approval of the 2002 

comprehensive emissions inventory, 

discussed in section V.C. of this 

rulemaking, and the VOC RACT 

submittal, discussed below under the 

heading ‘‘Subpart 2 Section 182(a) and 

(b) Requirements,’’ the Illinois SIP will 

meet the SIP requirements applicable 

for purposes of redesignation under part 

D of the CAA for the Illinois portion of 

the St. Louis area. Subpart 1 of part D, 

found in sections 172–176 of the CAA, 

sets forth the basic nonattainment 

requirements applicable to all 

nonattainment areas. Subpart 2 of part 

D, which includes section 182 of the 

CAA, establishes additional specific 

requirements depending on the area’s 

nonattainment classification. 

The St. Louis area was classified as a 

moderate nonattainment area under 

subpart 2, therefore the state must meet 

the applicable requirements of both 

subpart 1 and subpart 2 of part D. The 

applicable subpart 1 requirements are 

contained in sections 172(c)(1)–(9) and 

in section 176. The applicable subpart 2 

requirements are contained in sections 

182(a) and (b) (marginal and moderate 

nonattainment area requirements). 

Subpart 1 Section 172 Requirements. 

For purposes of evaluating this 

redesignation request, the applicable 

section 172 SIP requirements for the St. 

Louis area are contained in sections 

172(c)(1)–(9). A thorough discussion of 

the requirements contained in section 

172 can be found in the General 

Preamble for Implementation of Title I 

(57 FR 13498, April 16, 1992). 

Section 172(c)(1) requires the plans 

for all nonattainment areas to provide 

for the implementation of all reasonably 

available control measures as 

expeditiously as practicable and to 

provide for attainment of the national 

primary ambient air quality standards. 

EPA interprets this requirement to 

impose a duty on all states containing 

nonattainment areas to consider all 

available control measures and to adopt 

and implement such measures as are 

reasonably available for implementation 

in each area as components of the area’s 

attainment demonstration. Because 

attainment has been reached in the St. 

Louis area, no additional measures are 

needed to provide for attainment, and 

section 172(c)(1) requirements are no 

longer considered to be applicable as 

long as the area continues to attain the 

standard until redesignation. See 40 

CFR 51.918. 

The reasonable further progress (RFP) 

requirement under section 172(c)(2) is 

defined as progress that must be made 

toward attainment. This requirement is 

not relevant for purposes of 

redesignation because the St. Louis area 

has monitored attainment of the ozone 

NAAQS. (General Preamble, 57 FR 

13564). See also 40 CFR 51.918. In 

addition, because the St. Louis area has 

attained the ozone NAAQS and is no 

longer subject to an RFP requirement, 

the requirement to submit the section 

172(c)(9) contingency measures is not 

applicable for purposes of 

redesignation. Id. 

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate and current inventory of actual 

emissions. This requirement is 

superseded by the emission inventory 

requirement in section 182(a)(1). 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources to be 

allowed in an area, and section 172(c)(5) 

requires source permits for the 

construction and operation of new and 

modified major stationary sources 

anywhere in the nonattainment area. 

EPA approved the Illinois 

nonattainment NSR program on 

December 17, 1992 (57 FR 59928), 

September 27, 1995 (60 FR 49780) and 

May 13, 2003 (68 FR 25504). Further, 

EPA has determined that, since PSD 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a part D NSR program be approved 

prior to redesignation, provided that the 

area demonstrates maintenance of the 

NAAQS without a part D NSR program. 

A more detailed rationale for this view 

is described in a memorandum from 

Mary Nichols, Assistant Administrator 

for Air and Radiation, dated October 14, 

1994, entitled, ‘‘Part D New Source 

Review Requirements for Areas 

Requesting Redesignation to 

Attainment.’’ Illinois has demonstrated 

that the St. Louis area will be able to 

maintain the 1997 8-hour ozone 

standard without a part D NSR program 

in effect; therefore, EPA concludes that 

the State need not have a fully approved 

part D NSR program prior to approval of 

the redesignation request. The State’s 

PSD program will become effective in 

the St. Louis area upon redesignation to 

attainment. See rulemakings for Detroit, 

Michigan (60 FR 12467–12468, March 7, 

1995); Cleveland-Akron-Lorain, Ohio 

(61 FR 20458, 20469–20470, May 7, 

1996); Louisville, Kentucky (66 FR 

53665, October 23, 2001); and Grand 

Rapids, Michigan (61 FR 31834–31837, 

June 21, 1996). 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the standard. 

Because attainment has been reached, 

no additional measures are needed to 

provide for attainment. 

Section 172(c)(7) requires the SIP to 

meet the applicable provisions of 

section 110(a)(2). As noted above in 

section i, we conclude the Illinois SIP 

meets the requirements of section 

110(a)(2) applicable for purposes of 

redesignation. 

Subpart 1 Section 176 Conformity 

Requirements. 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that federally 

supported or funded activities, 

including highway projects, conform to 

the air quality planning goals in the 

applicable SIPs. The requirement to 

determine conformity applies to 

transportation plans, programs and 

projects developed, funded or approved 

under title 23 of the U.S. Code and the 

Federal Transit Act (transportation 

conformity) as well as to all other 

Federally supported or funded projects 

(general conformity). State conformity 

revisions must be consistent with 

Federal conformity regulations relating 

to consultation, enforcement, and 

enforceability, which EPA promulgated 

pursuant to CAA requirements. 

EPA thinks that it is reasonable to 

interpret the conformity SIP 

requirements as not applying for 

purposes of evaluating the redesignation 

request under section 107(d) for two 

reasons. First, the requirement to submit 

SIP revisions to comply with the 


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conformity provisions of the CAA 

continues to apply to areas after 

redesignation to attainment since such 

areas would be subject to a section 175A 

maintenance plan. Second, EPA’s 

Federal conformity rules require the 

performance of conformity analyses in 

the absence of Federally approved state 

rules. Therefore, because areas are 

subject to the conformity requirements 

regardless of whether they are 

redesignated to attainment and, because 

they must implement conformity under 

Federal rules if state rules are not yet 

approved, EPA concludes it is 

reasonable to view these requirements 

as not applying for purposes of 

evaluating a redesignation request. See 

Wall v. EPA, 265 F.3d 426 (6th Cir. 

2001), upholding this interpretation. See 

also 60 FR 62748, 62749–62750 (Dec. 7, 

1995) (Tampa, Florida). 

EPA approved Illinois’s general 

conformity SIP on December 23, 1997 

(62 FR 67000). Illinois does not have a 

federally approved transportation 

conformity SIP. However, Illinois 

performs conformity analyses pursuant 

to EPA’s Federal conformity rules. 

Illinois has submitted on-road MVEBs 

for the Illinois portion of the St. Louis 

area of 17.27 and 5.68 tons per day (tpd) 

VOC and 52.57 and 15.22 tpd NOX for 

the years 2008 and 2025, respectively. 

Illinois must use these MVEBs in any 

conformity determination that is 

effective on or after the effective date of 

the maintenance plan approval. 

Subpart 2 Section 182(a) and (b) 

Requirements. 

Comprehensive Emissions Inventory. 

Section 182(a)(1) requires the 

submission of a comprehensive 

emissions inventory. IEPA submitted a 

2002 emissions inventory on June 21, 

2006. On September 16, 2011, IEPA 

supplemented this inventory with onroad mobile emissions estimates based 

on the MOVES model. As discussed 

below in section V.C., EPA is proposing 

to approve the 2002 inventory as 

meeting the section 182(a)(1) 

comprehensive emissions inventory 

requirement. 

Emissions Statements. EPA approved 

the Illinois emission statement SIP 

required by section 182(a)(3)(B), on 

September 9, 1993 (58 FR 47379) and 

May 15, 2002 (67 FR 34614). 

Reasonable Further Progress and 

Attainment Demonstration. On July 2, 

2007, IEPA submitted an attainment 

demonstration and reasonable further 

progress plan for the Illinois portion of 

the St. Louis area as required by section 

182(b)(1) of the CAA. Because 

attainment has been reached, section 

182(b)(1) requirements are no longer 

considered to be applicable as long as 

the area continues to attain the 

standard. If EPA finalizes approval of 

the redesignation of the Illinois portion 

of the St. Louis area, EPA will take no 

further action on the attainment 

demonstration submitted by Illinois for 

the area. 

VOC RACT. Section 182(b)(2) requires 

states with moderate nonattainment 

areas to implement RACT under section 

172(c)(1) with respect to each of the 

following: (1) All sources covered by a 

Control Technology Guideline (CTG) 

document issued between November 15, 

1990, and the date of attainment; (2) all 

sources covered by a CTG issued prior 

to November 15, 1990; and, (3) all other 

major non-CTG stationary sources. As 

required under the 1-hour ozone 

standard, Illinois submitted VOC RACT 

rules covering the second and third 

categories. EPA approved these VOC 

RACT rules on February 21, 1980(45 FR 

11472), November 21, 1987 (52 FR 

45333), and September 9, 1994 (59 FR 

46562). With respect to the first 

category, EPA issued CTGs for five 

source categories in September 2006, 

three source categories in September 

2007, and five additional source 

categories in September 2008. Areas 

classified as moderate and above were 

required to submit VOC RACT for the 

source categories covered by these 

CTGs, by September 2007, September 

2008, and September 2009, respectively. 

IEPA submitted a SIP revision to 

address these CTGs on July 29, 2010, 

September 16, 2011, and September 29, 

2011. EPA is taking action on these 

revisions in a separate rulemaking 

action. Full approval of IEPA’s VOC 

RACT submittal is a prerequisite for 

approval of the redesignation of the 

Illinois portion of the St. Louis area to 

attainment. 

NOX RACT. Section 182(f) establishes 

NOX requirements for ozone 

nonattainment areas. However, it 

provides that these requirements do not 

apply to an area if the Administrator 

determines that NOX reductions would 

not contribute to attainment. On 

February 22, 2011 (76 FR 9655), EPA 

approved a request from IEPA to exempt 

sources of NOX in the Illinois portion of 

the St Louis area from section 182(f) 

NOX RACT requirements. Therefore, the 

State of Illinois need not have fully 

approved NOX control measures under 

section 182(f) for the Illinois portion of 

the St. Louis area to be redesignated to 

attainment. 

Stage II Vapor Recovery. Section 

182(b)(3) of the CAA requires states 

with moderate nonattainment areas to 

submit Stage II vapor recovery rules. 

EPA approved Illinois’s Stage II vapor 

recovery regulations on January 12, 

1993 (58 FR 3841). Further, section 

202(a)(6) of the CAA provides that Stage 

II vapor recovery regulations are not 

required if EPA promulgates on-board 

vapor recovery regulations for vehicles. 

EPA promulgated such regulations on 

April 6, 1994 (59 FR 16262), which 

became effective on May 6, 1994. 

Therefore, pursuant to section 202(a)(6) 

of the CAA, Stage II regulations are no 

longer required in the area. EPA 

approved the removal of Stage II vapor 

recovery regulations from the Illinois 

SIP on December 16, 1994 (59 FR 

64853). 

Vehicle Inspection and Maintenance 

(I/M). Section 182(b)(4) and EPA’s final 

I/M regulations in 40 CFR part 85 

require the States to submit a fully 

adopted I/M program. EPA approved the 

Illinois enhanced I/M program on 

February 22, 1999 (64 FR 8517). 

Thus, as discussed above, with 

approval of the comprehensive 

emissions inventory and the Illinois 

VOC RACT submittal, the Illinois 

portion of the St. Louis area will satisfy 

the requirements applicable for 

purposes of redesignation under section 

110 and part D of the CAA. 

b. The Illinois Portion of the St. Louis 

Area Has a Fully Approved Applicable 

SIP Under Section 110(k) of the CAA 

If EPA issues a final approval of the 

comprehensive emissions inventory and 

the Illinois VOC RACT submittal, EPA 

will have fully approved the State’s SIP 

for the Illinois portion of the St. Louis 

area under section 110(k) of the CAA for 

all requirements applicable for purposes 

of redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (See page 3 of the 

September 4, 1992, John Calcagni 

memorandum; Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–990 (6th 

Cir. 1998); Wall v. EPA, 265 F.3d 426 

(6th Cir. 2001)) plus any additional 

measures it may approve in conjunction 

with a redesignation action. See 68 FR 

25413, 25426 (May 12, 2003). Since the 

passage of the CAA of 1970, Illinois has 

adopted and submitted, and EPA has 

fully approved, provisions addressing 

various required SIP elements under the 

1-hour ozone standard. In this action, 

EPA is proposing to approve the 

comprehensive 2002 emissions 

inventory for the Illinois portion of the 

St. Louis area as meeting the 

requirement of section 182(a)(1) of the 

CAA. In a separate rule, EPA will take 

action on the Illinois VOC RACT 

submission. No SIP provisions for the 

Illinois portion of the St. Louis area are 

currently disapproved, conditionally 

approved, or partially approved. 


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3. The Improvement in Air Quality Is 

Due to Permanent and Enforceable 

Reductions in Emissions Resulting From 

Implementation of the SIP and 

Applicable Federal Air Pollution 

Control Regulations and Other 

Permanent and Enforceable Reductions 

(Section 107(d)(3)(E)(iii)) 

EPA finds that Illinois has 

demonstrated that the observed air 

quality improvement in the St. Louis 

area is due to permanent and 

enforceable reductions in emissions 

resulting from implementation of the 

SIP, Federal measures, and other stateadopted measures discussed below. 

In making this demonstration, IEPA 

has calculated the change in emissions 

between 2002 and 2008. For the 

nonattainment inventory, Illinois is 

using the 2002 emissions inventory 

developed to meet the comprehensive 

emissions inventory requirement of 

section 182(a)(1) of the CAA. Illinois 

developed an attainment inventory for 

2008, one of the years the St. Louis area 

monitored attainment of the standard. 

The reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to a number of regulatory 

control measures that St. Louis and 

upwind areas have implemented in 

recent years. 

a. Permanent and Enforceable Controls 

Implemented 

The following is a discussion of 

permanent and enforceable measures 

that have been implemented in the area: 

i. Stationary Source NOX Rules 

IEPA has developed rules governing 

the control of NOX emissions from 

Electric Generating Units (EGUs), major 

non-EGU industrial boilers, major 

cement kilns, and internal combustion 

engines. EPA approved the Illinois rules 

as fulfilling Phase I of the NOX SIP Call 

on June 28, 2001 (66 FR 34382) and 

November 21, 2001 (66 FR 56454), and 

as meeting Phase II of the NOX SIP Call 

on June 26, 2009 (74 FR 30466). Illinois 

began complying with Phase I of this 

rule in 2004. Compliance with Phase II 

of the SIP Call requires the control of 

NOX emissions from large stationary 

internal combustion engines. 

Implementation of Phase II began in 

2007 and was projected to result in an 

82 percent NOX reduction from 1995 

levels. 

ii. Consumer Products and Architectural 

and Industrial Maintenance Coatings 

(AIM) Rules 

Illinois adopted consumer products 

and AIM rules on May 7, 2009. 

Compliance with these rules was 

required by July 1, 2009. EPA is acting 

on these rules in a separate rulemaking. 

iii. Reformulated Gasoline (RFG) 

Illinois requested that EPA extend the 

requirement for sale of RFG to Jersey, 

Madison, Monroe, and St. Clair 

counties. EPA granted this request on 

April 24, 2007, with compliance 

required by July 1, 2007. 

iv. Consent Decrees—Dynegy Midwest 

Generation and ConocoPhillips 

Dynegy Midwest Generation and 

ConocoPhillips entered separate 

settlement agreements with EPA in 

2005. The settlement reached with 

Dynegy Midwest Generation for alleged 

violations at the Baldwin Generating 

Station included the requirements to 

‘‘commence operation of the SCRs 

installed at Baldwin Unit 1, Unit 2 

* * * so as to achieve and maintain a 

30-day rolling average emission rate 

from each such unit of not greater than 

0.100 lb/mmbtu NOX’’ and ‘‘maintain a 

30-day rolling average emission rate of 

not greater than 0.120 lb/mmbtu NOX at 

Baldwin Unit 3.’’ Low NOX burners and 

overfire air technology are required on 

Dynegy Midwest Generation’s Wood 

River Units #4 and #5. At the Dynegy 

Midwest Generation’s Baldwin 

Generating station, ozone season 

emissions were reduced from 13,204 

tons in 2001 to 1,696 tons in 2009. The 

ConocoPhillips settlement provided for 

near-term installation of low-NOX

burners and ultra low-NOX burners on 

combustion units at its ‘‘Distilling 

West’’ operations. Other NOX emission 

reduction requirements are set forth in 

the consent decree, as are provisions for 

carbon monoxide (CO), sulfur dioxide 

(SO2), and particulate matter reductions. 

v. Federal Emission Control Measures 

Reductions in VOC and NOX

emissions have occurred statewide and 

in upwind areas as a result of Federal 

emission control measures, with 

additional emission reductions expected 

to occur in the future. Federal emission 

control measures include the following. 

Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 

These emission control requirements 

result in lower VOC and NOX emissions 

from new cars and light duty trucks, 

including sport utility vehicles. The 

Federal rules were phased in between 

2004 and 2009. The EPA has estimated 

that, by the end of the phase-in period, 

the following vehicle NOx emission 

reductions will occur nationwide: 

passenger cars (light duty vehicles) (77 

percent); light duty trucks, minivans, 

and sports utility vehicles (86 percent); 

and, larger sports utility vehicles, vans, 

and heavier trucks (69 to 95 percent). 

VOC emission reductions are expected 

to range from 12 to 18 percent, 

depending on vehicle class, over the 

same period. Some of these emission 

reductions occurred by the attainment 

years (2007–2009) and additional 

emission reductions will occur 

throughout the maintenance period. 

Heavy-Duty Diesel Engine Rule. EPA 

issued this rule in July 2000. This rule 

includes standards limiting the sulfur 

content of diesel fuel, which went into 

effect in 2004. A second phase took 

effect in 2007 which further reduced the 

highway diesel fuel sulfur content to 15 

parts per million, leading to additional 

reductions in combustion NOX and VOC 

emissions. This rule is expected to 

achieve a 95 percent reduction in NOX

emissions from diesel trucks and busses. 

Non-Road Diesel Rule. EPA issued 

this rule in 2004. This rule applies to 

diesel engines used in industries, such 

as construction, agriculture, and mining. 

It is estimated that compliance with this 

rule will cut NOX emissions from nonroad diesel engines by up to 90 percent. 

Some of these emission reductions 

occurred by the attainment years (2007– 

2009) and additional emission 

reductions will occur throughout the 

maintenance period. 

New Source Performance Standards 

(NSPS), National Emissions Standards 

for Hazardous Air Pollutants 

(NESHAPS) and Maximum Achievable 

Control Technology Standards (MACT). 

A broad range of emission sectors are 

subject to Federal NSPS, NESHAP, and 

MACT standards with compliance 

requirements which take effect post2002 and prior to 2009. 

vi. Control Measures in Upwind Areas 

On October 27, 1998 (63 FR 57356), 

EPA issued a NOX SIP Call requiring the 

District of Columbia and 22 states 

(including Illinois) to reduce emissions 

of NOX. Affected states were required to 

comply with Phase I of the SIP Call 

beginning in 2004, and Phase II 

beginning in 2007. The reduction in 

NOX emissions has resulted in lower 

concentrations of transported ozone 

entering the St. Louis area. Emission 

reductions resulting from regulations 

developed in response to the NOX SIP 

Call are permanent and enforceable. 

b. Emission Reductions 

Illinois is using the 2002 

comprehensive emissions inventory 

developed to meet the requirement of 

section 182(a)(1) of the CAA as the 

nonattainment inventory. This 

inventory is discussed in more detail in 

section V.C., below. In summary, IEPA 

developed the point source inventory 


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using source reported actual 2002 

emissions data from annual emissions 

reports. The area source inventory was 

developed using various methodologies 

to estimate area source activity levels 

and emissions including applying local 

activity levels, apportioning national or 

statewide activity levels to the local 

level, using per capita emission factors, 

using per employee emission factors, 

and using data from inventories 

complied by others. The documentation 

supplied in the submittal shows how 

the county-specific emissions were 

calculated for each area source category. 

Non-road mobile source emissions were 

generated using the NONROAD model 

version 2.20a. In addition, emissions 

estimates were developed for 

commercial marine vessels, aircraft, and 

railroads, three non-road categories not 

included in the NONROAD model. Onroad mobile emissions were prepared by 

the IEPA using the MOVES emissions 

model and daily vehicle miles traveled 

(VMT) data provided by the Illinois 

Department of Transportation (IDOT). 

Illinois prepared a comprehensive 

2008 emissions inventory to use as the 

attainment year inventory. Point source 

information was compiled from the 

2008 annual emissions reports 

submitted to IEPA by sources and EPA’s 

Clean Air Markets Division database for 

electric utilities. Area source emissions 

were calculated using the most recently 

available methodologies and emissions 

factors from EPA along with activity 

data (population, employment, fuel use, 

etc.) specific to 2008. Non-road mobile 

source emissions were calculated using 

EPA’s NONROAD emissions model. In 

addition, emissions estimates were 

calculated for commercial marine 

vessels, aircraft, and railroads, three 

non-road categories not included in the 

NONROAD model. On-road mobile 

source emissions were calculated using 

EPA’s MOVES emissions model with 

2008 VMT data provided by IDOT. 

Using the inventories described 

above, as well as emissions inventories 

provided by Missouri, Illinois has 

documented changes in VOC and NOX

emissions from 2002 to 2008 for the St. 

Louis area. Emissions data are shown in 

Tables 2 through 5 below. 

TABLE 2—ST. LOUIS AREA VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 2002 

[tpd] 

VOC NOX

Illinois Missouri Area total Illinois Missouri Area total 

Point ......................................................... 17.41 32.70 50.11 53.24 127.20 180.44 

Area .......................................................... 29.86 71.30 101.16 1.40 19.40 20.80 

On-road .................................................... 25.90 79.57 105.47 76.82 226.03 302.85 

Non-road .................................................. 12.04 47.00 59.04 36.79 60.70 97.49 

Total .................................................. 85.21 230.57 315.78 168.25 433.33 601.58 

TABLE 3—ST. LOUIS AREA VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2008 

[tpd] 

VOC NOX

Illinois Missouri Area total Illinois Missouri Area total 

Point ......................................................... 11.92 18.00 29.92 39.86 88.80 128.66 

Area .......................................................... 23.21 98.70 121.91 1.50 6.50 8.00 

On-road .................................................... 17.27 58.50 75.77 52.57 160.40 212.97 

Non-road .................................................. 12.66 46.40 59.06 39.25 60.90 100.15 

Total .................................................. 65.06 221.60 286.66 133.18 316.60 449.78 

TABLE 4—COMPARISON OF 2002 AND 2008 VOC AND NOX EMISSIONS FOR THE ILLINOIS PORTION OF THE ST. LOUIS

AREA

[tpd] 

VOC NOX

2002 2008 Net change 

(2002–2008) 2002 2008 Net change (2002–2008) 

Point ......................................................... 17.41 11.92 ¥5.49 53.24 39.86 -13.38 

Area .......................................................... 29.86 23.21 ¥6.65 1.40 1.50 0.10 

On-road .................................................... 25.90 17.27 ¥8.63 76.82 52.57 ¥24.25 

Non-road .................................................. 12.04 12.66 0.62 36.79 39.25 2.46 

Total .................................................. 85.21 65.06 ¥20.15 168.25 133.18 -35.07 


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TABLE 5—COMPARISON OF 2002 AND 2008 VOC AND NOX EMISSIONS FOR THE ENTIRE ST. LOUIS AREA

[tpd] 

VOC NOX

2002 2008 Net change 

(2002–2008) 2002 2008 Net change (2002–2008) 

Point ......................................................... 50.11 29.92 ¥20.19 180.44 128.66 ¥51.78 

Area .......................................................... 101.16 121.91 20.75 20.80 8.00 ¥12.80 

On-road .................................................... 105.47 75.77 ¥29.70 302.85 212.97 ¥89.88 

Non-road .................................................. 59.04 59.06 0.02 97.49 100.15 2.66 

Total .................................................. 315.78 286.66 ¥29.12 601.58 449.78 ¥151.80 

Table 4 shows that the Illinois portion 

of the St. Louis area reduced VOC 

emissions by 20.15 tpd and NOX

emissions by 35.07 tpd between 2002 

and 2008. As shown in Table 5, the 

entire St. Louis area reduced VOC 

emissions by 29.12 tpd and NOX

emissions by 151.80 tpd between 2002 

and 2008. Based on the information 

summarized above, Illinois has 

adequately demonstrated that the 

improvement in air quality is due to 

permanent and enforceable emissions 

reductions. 

4. The Area Has a Fully Approved 

Maintenance Plan Pursuant to Section 

175A of the CAA. (Section 

107(d)(3)(E)(iv)) 

In conjunction with its request to 

redesignate the Illinois portion of the St. 

Louis nonattainment area to attainment 

status, IEPA submitted a SIP revision to 

provide for maintenance of the 1997 8- 

hour ozone NAAQS in the area through 

2025. 

a. Maintenance Plan Requirements 

Section 175A of the CAA sets forth 

the required elements of a maintenance 

plan for areas seeking redesignation 

from nonattainment to attainment. 

Under section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least ten 

years after the Administrator approves a 

redesignation to attainment. Eight years 

after the redesignation, the state must 

submit a revised maintenance plan 

which demonstrates that attainment will 

continue to be maintained for ten years 

following the initial ten-year 

maintenance period. To address the 

possibility of future NAAQS violations, 

the maintenance plan must contain 

contingency measures with a schedule 

for implementation as EPA deems 

necessary to assure prompt correction of 

any future 8-hour ozone violations. 

The September 4, 1992, John Calcagni 

memorandum provides additional 

guidance on the content of a 

maintenance plan. The memorandum 

clarifies that an ozone maintenance plan 

should address the following items: The 

attainment VOC and NOX emissions 

inventories, a maintenance 

demonstration showing maintenance for 

the ten years of the maintenance period, 

a commitment to maintain the existing 

monitoring network, factors and 

procedures to be used for verification of 

continued attainment of the NAAQS, 

and a contingency plan to prevent or 

correct future violations of the NAAQS. 

b. Attainment Inventory 

IEPA developed an emissions 

inventory for 2008, one of the years 

used to demonstrate monitored 

attainment of the 8-hour NAAQS, as 

described above. The attainment level of 

emissions is summarized in Table 3, 

above. 

c. Demonstration of Maintenance 

Along with the redesignation request, 

IEPA submitted a revision to the Illinois 

8-hour ozone SIP that includes a 

maintenance plan for the Illinois 

portion of the St. Louis area, in 

compliance with section 175A of the 

CAA. This demonstration shows 

maintenance of the 1997 8-hour ozone 

standard through 2025 by showing that 

current and future emissions of VOC 

and NOX for the St. Louis area remain 

at or below attainment year emission 

levels. A maintenance demonstration 

need not be based on modeling. See 

Wall v. EPA, 265 F.3d 426 (6th Cir. 

2001), Sierra Club v. EPA, 375 F. 3d 537 

(7th Cir. 2004). See also 66 FR 53094, 

53099–53100 (October 19, 2001), 68 FR 

25413, 25430–25432 (May 12, 2003). 

Illinois is using emissions inventory 

projections for the years 2015, 2020 and 

2025 to demonstrate maintenance. Point 

and area source emissions for 2015, 

2020 and 2025 were estimated using the 

2008 attainment inventory and growth 

factors appropriate for each source 

category. Non-road emissions 

projections were developed using the 

growth factors contained in EPA’s 

NONROAD model. On-road motor 

vehicle emissions were estimated using 

the EPA’s MOVES motor vehicle 

emissions model. 

As discussed in section V.a.3.a.v. 

(Permanent and Enforceable Controls 

Implemented) above, many of the 

control programs that helped to bring 

the area into attainment of the standard 

will continue to achieve additional 

emission reductions over the 

maintenance period. These control 

programs include Tier 2 emission 

standards for vehicles and gasoline 

sulfur standards, the heavy-duty diesel 

engine rule, and the non-road diesel 

rule. Emissions data are shown in 

Tables 6–10, below. 

TABLE 6—ST. LOUIS AREA PROJECTED VOC AND NOX EMISSIONS FOR INTERIM YEAR 2015 

[tpd] 

VOC NOX

Illinois Missouri Area total Illinois Missouri Area total 

Point ......................................................... 13.70 21.73 35.43 31.86 86.37 118.23 

Area .......................................................... 23.76 109.52 133.28 1.55 6.64 8.19 

On-road .................................................... 9.11 33.98 43.09 27.85 83.79 111.64 

Non-road .................................................. 9.27 37.33 46.60 36.41 52.61 89.02 


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TABLE 6—ST. LOUIS AREA PROJECTED VOC AND NOX EMISSIONS FOR INTERIM YEAR 2015—Continued 

[tpd] 

VOC NOX

Illinois Missouri Area total Illinois Missouri Area total 

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

TABLE 7—ST. LOUIS AREA PROJECTED VOC AND NOX EMISSIONS FOR INTERIM YEAR 2020 

[tpd] 

VOC NOX

Illinois Missouri Area total Illinois Missouri Area total 

Point ......................................................... 14.73 24.59 39.32 30.71 86.63 117.34 

Area .......................................................... 25.04 117.75 142.79 1.56 6.73 8.29 

On-road .................................................... 4.99 23.51 28.50 16.32 51.51 67.83 

Non-road .................................................. 7.73 30.81 38.54 33.56 46.72 80.28 

Total .................................................. 52.49 196.66 249.15 82.15 191.59 273.74 

TABLE 8—ST. LOUIS AREA VOC AND NOX EMISSIONS FOR MAINTENANCE YEAR 2025 

[tpd] 

VOC NOX

Illinois Missouri Area total Illinois Missouri Area total 

Point ......................................................... 15.78 27.59 43.37 32.12 88.24 120.36 

Area .......................................................... 26.32 126.34 152.66 1.58 6.82 8.40 

On-road .................................................... 5.68 17.74 23.42 15.22 34.17 49.39 

Non-road .................................................. 7.31 24.30 31.61 32.33 40.84 73.17 

Total .................................................. 55.09 195.97 251.06 81.25 170.07 251.32 

TABLE 9—COMPARISON OF 2008, 2015, 2020 AND 2025 VOC AND NOX EMISSIONS FOR THE ILLINOIS PORTION OF THE

ST. LOUIS AREA

[tpd] 

VOC NOX

2008 2015 2020 2025 

Net 

change 

(2008– 

2025) 

2008 2015 2020 2025 

Net 

change 

(2008– 

2025) 

Point ......................... 11.92 13.70 14.73 15.78 3.86 39.86 31.86 30.71 32.12 ¥7.74 

Area .......................... 23.21 23.76 25.04 26.32 3.11 1.50 1.55 1.56 1.58 0.08 

On-road .................... 17.27 9.11 4.99 5.68 ¥11.59 52.57 27.85 16.32 15.22 ¥37.35 

Non-road .................. 12.66 9.27 7.73 7.31 ¥5.35 39.25 36.41 33.56 32.33 ¥6.92 

Total .................. 65.06 55.84 52.49 55.09 ¥9.97 133.18 97.67 82.15 81.25 ¥51.93 

TABLE 10—COMPARISON OF 2008, 2015, 2020, AND 2025 VOC AND NOX EMISSIONS FOR THE ENTIRE ST. LOUIS AREA

[tpd] 

VOC NOX

2008 2015 2020 2025 

Net 

change 

(2008– 

2025) 

2008 2013 2020 2025 

Net 

change 

(2008– 

2025) 

Point ......................... 29.92 35.43 39.32 43.37 13.45 128.66 118.23 117.34 120.36 ¥8.30 

Area .......................... 121.91 133.28 142.79 152.66 30.75 8.00 8.19 8.29 8.40 0.40 

On-road .................... 75.77 43.09 28.50 23.42 ¥52.35 212.97 111.64 67.83 49.39 ¥163.58 

Non-road .................. 59.06 46.60 38.54 31.61 ¥27.45 100.15 89.02 80.28 73.17 ¥26.98 

Total .................. 286.66 258.40 249.15 251.06 ¥35.60 449.78 327.08 273.74 251.32 ¥198.46 


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The emission projections show that 

Illinois and Missouri do not expect 

emissions in the St. Louis area to exceed 

the level of the 2008 attainment year 

inventory during the maintenance 

period. As shown in Table 9, VOC and 

NOX emissions in the Illinois portion of 

the St. Louis area are projected to 

decrease by 9.97 tpd and 51.93 tpd, 

respectively, between 2008 and 2025. 

As shown in Table 10, VOC and NOX

emissions in the entire St. Louis area are 

projected to decrease by 35.60 tpd and 

198.46 tpd, respectively, between 2008 

and 2025. 

Because the St. Louis area is affected 

by the transport of ozone and its 

precursors, the reduction of NOX

emissions in upwind areas will help to 

ensure that the area will maintain the 

1997 8-hour ozone standard in the 

future. On August 8, 2011, at 76 FR 

48208, EPA promulgated the CSAPR to 

address interstate transport of 

emissions. The CSAPR requires 

substantial reductions of NOX emissions 

from EGUs across most of Eastern 

United States, with implementation 

beginning on January 1, 2012. Compared 

to 2005 emissions, EPA estimates that 

by 2014 this rule and other Federal rules 

will lower NOX ozone season emissions 

from power plants by 340,000 tons. 

Further, ozone modeling performed 

by the Lake Michigan Air Directors 

Consortium supports the conclusion 

that the St. Louis area will maintain the 

1997 8-hour ozone standard throughout 

the maintenance period. Peak modeled 

ozone levels in the area for 2012 and 

2018 are 0.084 ppm, and 0.080 ppm, 

respectively. These projected ozone 

levels were modeled applying only 

legally enforceable controls; e.g., 

consent decrees, rules, the NOX SIP 

Call, Federal motor vehicle control 

programs, etc. The modeling runs did 

not include emission reductions for 

implementation of the CSAPR. With the 

implementation of the CSAPR, actual 

2018 ozone levels would be expected to 

be lower. 

As part of its maintenance plan, 

Illinois elected to include a ‘‘safety 

margin’’ for the area. A ‘‘safety margin’’ 

is the difference between the attainment 

level of emissions (from all sources) and 

the projected level of emissions (from 

all sources) in the maintenance plan 

which continues to demonstrate 

attainment of the standard. The 

attainment level of emissions is the 

level of emissions during one of the 

years in which the area met the NAAQS. 

The St. Louis area attained the 1997 8- 

hour ozone NAAQS during the 2007– 

2009 time period. Illinois used 2008 as 

the attainment level of emissions for the 

area. For the Illinois portion of the St. 

Louis area, the emissions from point, 

area, non-road, and mobile sources in 

2008 equaled 65.06 tpd of VOC. In the 

maintenance plan, IEPA projected VOC 

emissions for the year 2025 to be 55.09 

tpd of VOC. The SIP submissions 

demonstrate that the St. Louis area will 

continue to maintain the standard with 

emissions at this level. The safety 

margin for VOC is calculated to be the 

difference between these amounts or, in 

this case, 9.97 tpd of VOC for 2025. By 

this same method, 51.93 tpd (i.e., 133.18 

tpd less 81.25 tpd) is the safety margin 

for NOX for 2025. The safety margin, or 

a portion thereof, can be allocated to 

any of the source categories, as long as 

the total attainment level of emissions is 

maintained. 

d. Monitoring Network 

Illinois currently operates five ozone 

monitors and Missouri operates six 

monitors in the St. Louis area. In its 

redesignation request, IEPA has 

committed to continue to monitor ozone 

levels according to an EPA approved 

monitoring plan. Should changes in the 

location of an ozone monitor become 

necessary, IEPA commits to work with 

EPA to ensure the adequacy of the 

monitoring network. Illinois remains 

obligated to continue to quality assure 

monitoring data in accordance with 40 

CFR part 58 and enter all data into the 

AQS in accordance with Federal 

guidelines. 

e. Verification of Continued Attainment. 

Continued attainment of the ozone 

NAAQS in the St. Louis area depends, 

in part, on the State’s efforts toward 

tracking indicators of continued 

attainment during the maintenance 

period. IEPA’s plan for verifying 

continued attainment of the 8-hour 

standard in the St. Louis area consists 

of plans to continue ambient ozone 

monitoring in accordance with the 

requirements of 40 CFR part 58. In 

addition IEPA commits to compiling 

VOC and NOX emissions inventories 

every three years to facilitate emissions 

trends analyses. The State is required to 

develop and submit periodic emission 

inventories as specified in the Federal 

Consolidated Emissions Reporting Rule 

(67 FR 39602, June 10, 2002). 

f. Contingency Plan 

The contingency plan provisions are 

designed to promptly correct or prevent 

a violation of the NAAQS that might 

occur after redesignation of an area to 

attainment. Section 175A of the CAA 

requires that a maintenance plan 

include such contingency measures as 

EPA deems necessary to assure that the 

state will promptly correct a violation of 

the NAAQS that occurs after 

redesignation. The maintenance plan 

should identify the contingency 

measures to be adopted, a schedule and 

procedure for adoption and 

implementation of the contingency 

measures, and a time limit for action by 

the state. The state should also identify 

specific indicators to be used to 

determine when the contingency 

measures need to be adopted and 

implemented. The maintenance plan 

must include a requirement that the 

state will implement all measures with 

respect to control of the pollutant(s) that 

were contained in the SIP before 

redesignation of the area to attainment. 

See section 175A(d) of the CAA. 

As required by section 175A of the 

CAA, Illinois has adopted a contingency 

plan for the St. Louis area to address 

possible future ozone air quality 

problems. The contingency plan 

adopted by Illinois has two levels of 

response, Level I and Level II. 

A Level I response will be triggered in 

the event that: (1) The fourth highest 8- 

hour ozone concentration at any 

monitoring site in the St. Louis area 

exceeds 84 parts per billion (ppb) in any 

year, or (2) if VOC or NOX emissions 

increase more than 5% above the levels 

contained in the attainment year 

emissions inventory. IEPA will work 

with the Missouri Department of 

Natural Resources to evaluate the causes 

of high ozone levels or the emissions 

trends and to determine appropriate 

control measures needed to ensure 

continued attainment of the ozone 

standard. Control measures selected 

under a Level I trigger will be adopted 

within 18 months after a determination 

is made and implemented within 

24 months of adoption. 

A Level II response will be triggered 

in the event that a violation of the 8- 

hour standard is monitored within the 

St. Louis area. To select appropriate 

corrective measures, IEPA will work 

with Missouri to conduct a 

comprehensive study to determine the 

causes of the violation and the control 

measures necessary to mitigate the 

problem. Implementation of necessary 

controls in response to a Level II trigger 

will take place as expeditiously as 

possible, but in no event later than 

18 months after IEPA makes a 

determination, based on quality-assured 

ambient monitoring data, that a 

violation of the NAAQS has occurred. 

IEPA included the following list of 

potential contingency measures in its 

maintenance plan: 

i. Multi-Pollutant Program for electric 

generating units; 

ii. NOX RACT; 

iii. Clean Air Transport Rule; 


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iv. Best Available Retrofit 

Technology; 

v. Broader geographic applicability of 

existing measures; 

vi. Tier 2 Vehicle Standards and Low 

Sulfur Fuel; 

vii. Heavy Duty Diesel Standards and 

Low Sulfur Diesel Fuel; 

viii. High-enhanced I/M; 

ix. Federal railroad/locomotive 

standards; 

x. Federal commercial marine vessel 

engine standards; 

xi. Portable fuel containers; 

xii. Architectural/Industrial 

Maintenance (AIM) Coatings rule; 

xiii. Commercial and Consumer 

Products rule; and 

xiv. Aerosol coatings rule. 

To qualify as a contingency measure, 

emissions reductions from that measure 

must not be factored into the emissions 

projections used in the maintenance 

plan. 

g. Provisions for Future Updates of the 

Ozone Maintenance Plan 

As required by section 175A(b) of the 

CAA, IEPA commits to submit to the 

EPA an updated ozone maintenance 

plan eight years after redesignation of 

the St. Louis area to cover an additional 

ten-year period beyond the initial tenyear maintenance period. As required 

by section 175A of the CAA, Illinois has 

committed to retain the VOC and NOX

control measures contained in the SIP 

prior to redesignation. Illinois also 

states that any revision to the control 

measures included as part of the 

maintenance plan will be submitted to 

EPA for approval as a SIP revision, and 

will be accompanied by a showing that 

such changes will not interfere with 

maintenance of the NAAQS. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: attainment 

inventory, maintenance demonstration, 

monitoring network, verification of 

continued attainment, and a 

contingency plan. Thus EPA proposes to 

find that the maintenance plan SIP 

revision submitted by Illinois for the St. 

Louis area meets the requirements of 

section 175A of the CAA. 

B. Adequacy of the MVEBs 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIP revisions and ozone maintenance 

plans for ozone nonattainment areas and 

for areas seeking redesignations to 

attainment of the ozone standard. These 

emission control strategy SIP revisions 

(e.g., RFP and attainment demonstration 

SIP revisions) and ozone maintenance 

plans create MVEBs based on on-road 

mobile source emissions for criteria 

pollutants and/or their precursors to 

address pollution from cars and trucks. 

The MVEBs are the portions of the total 

allowable emissions that are allocated to 

highway and transit vehicle use that, 

together with emissions from other 

sources in the area, will provide for 

attainment or maintenance. 

Under 40 CFR part 93, a MVEB for an 

area seeking a redesignation to 

attainment is established for the last 

year of the maintenance plan. The 

MVEB serves as a ceiling on emissions 

from an area’s planned transportation 

system. The MVEB concept is further 

explained in the preamble to the 

November 24, 1993, transportation 

conformity rule (58 FR 62188). 

Under section 176(c) of the CAA, 

transportation plans and transportation 

improvement programs (TIPs) must 

‘‘conform’’ to (i.e., be consistent with) 

the SIP. Conformity to the SIP means 

that transportation activities will not 

cause new air quality violations, worsen 

existing air quality violations, delay 

timely attainment of the NAAQS or 

delay an interim milestone. If a 

transportation plan or TIP does not 

conform, most new transportation 

projects that would expand the capacity 

of roadways cannot go forward. 

Regulations at 40 CFR part 93 set forth 

EPA policy, criteria, and procedures for 

demonstrating and assuring conformity 

of such transportation activities to a SIP. 

When reviewing SIP revisions 

containing MVEBs, including 

attainment strategies, rate-of-progress 

plans, and maintenance plans, EPA 

must affirmatively approve and find that 

the MVEBs are ‘‘adequate’’ for use in 

determining transportation conformity. 

Once EPA affirmatively approves or 

finds the submitted MVEBs to be 

adequate for transportation conformity 

purposes, the MVEBs must be used by 

state and Federal agencies in 

determining whether proposed 

transportation projects conform to the 

SIP as required by section 176(c) of the 

CAA. EPA’s substantive criteria for 

determining the adequacy of MVEBs are 

set out in 40 CFR 93.118(e)(4). 

EPA’s process for determining 

adequacy of a MVEB consists of three 

basic steps: (1) Providing public 

notification of a SIP submission; (2) 

providing the public the opportunity to 

comment on the MVEB during a public 

comment period; and, (3) EPA’s finding 

of adequacy. The process of determining 

the adequacy of submitted SIP MVEBs 

is codified at 40 CFR 93.118. 

The maintenance plan submitted by 

Illinois for the St. Louis area contains 

new VOC and NOX MVEBs for the 

Illinois portion of the area for the years 

2008 and 2025. The availability of the 

SIP submission with these 2008 and 

2025 MVEBs was announced for public 

comment on EPA’s Adequacy Web site 

on September 26, 2011, at: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/currsips.htm. The EPA public 

comment period on adequacy of the 

2008 and 2025 MVEBs for the Illinois 

portion of the St. Louis area closed on 

October 26, 2011. No comments on the 

submittal were received during the 

adequacy comment period. The 

submitted maintenance plan, which 

included the MVEBs, was endorsed by 

the Governor (or his or her designee) 

and was subject to a State public 

hearing. The MVEBs were developed as 

part of an interagency consultation 

process which includes Federal, State, 

and local agencies. The MVEBs were 

clearly identified and precisely 

quantified. These MVEBs, when 

considered together with all other 

emissions sources, are consistent with 

maintenance of the 1997 8-hour ozone 

standard. 

EPA, through this rulemaking, has 

found adequate and is proposing to 

approve the MVEBs for use to determine 

transportation conformity in the Illinois 

portion of the St. Louis area because 

EPA has determined that the area can 

maintain attainment of the 1997 8-hour 

ozone NAAQS for the relevant 

maintenance period with mobile source 

emissions at the levels of the MVEBs. 

IEPA has determined the 2008 MVEBs 

for the Illinois portion of the St. Louis 

area to be 17.27 tpd for VOC and 52.57 

tpd for NOX. IEPA has determined the 

2025 MVEBs for the Illinois portion of 

the St. Louis area to be 5.68 tpd for VOC 

and 15.22 tpd for NOX. These MVEBs 

are consistent with the on-road mobile 

source VOC and NOX emissions for 

2008 and 2025, as summarized in Table 

8 above. Illinois has demonstrated that 

the St. Louis area can maintain the 1997 

8-hour ozone NAAQS with mobile 

source emissions in the Illinois portion 

of the area of 16.53 tpd and 7.70 tpd of 

VOC and 30.84 tpd and 10.34 tpd of 

NOX in 2008 and 2025, respectively, 

since emissions will remain under 

attainment year emission levels. 

Because the MVEBs are based on the 

MOVES model, the grace period before 

MOVES is required for new conformity 

determinations for the Illinois portion of 

the St. Louis area ends on the effective 

date of this approval. See Question 11 

of the Policy Guidance on the Use of 

MOVES2010 for SIP Development 

(http://epa.gov/otaq/models/moves/ 

420b09046.pdf). 


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C. 2002 Comprehensive Emissions 

Inventory 

As discussed above, section 182(a)(1) 

of the CAA requires states with ozone 

nonattainment areas to submit 

comprehensive, accurate and current 

inventories of actual emissions from all 

sources in the nonattainment area. On 

June 21, 2006, IEPA submitted a 2002 

emissions inventory to meet this 

requirement. On September 16, 2011, 

IEPA supplemented this submittal by 

replacing on-road emissions estimates 

derived using the MOBILE6 model with 

on-road emissions estimates derived 

using EPA’s MOVES model. Emissions 

contained in the comprehensive 2002 

inventory cover the general source 

categories of point sources, area sources, 

on-road mobile sources, and non-road 

mobile sources. All emission summaries 

were accompanied by source-specific 

descriptions of emission calculation 

procedures and sources of input data. 

IEPA prepared the point source 

inventory using source reported actual 

2002 emissions data from annual 

emissions reports. Where necessary, the 

emissions were adjusted for a typical 

summer day at each emission unit 

within the source. The annual emissions 

reports provided ozone season hourly 

emissions and operating schedules that 

enabled the calculation of ozone season 

weekday emissions. 

Illinois used several methodologies to 

estimate area source activity levels and 

emissions including applying local 

activity levels, apportioning national or 

statewide activity levels to the local 

level, using per capita emission factors, 

using per employee emission factors, 

and using data from inventories 

complied by others. Sources used by 

IEPA to determine activity/commodity 

level data and emission information 

include: EPA’s AP–42, EPA’s FIRE 

emission factor database, data from 

Federal and state agencies including 

EPA, the U.S. Department of Energy, the 

U.S. Bureau of Labor Statistics, IDOT, 

the Illinois Bureau of the Budget, the 

Illinois Department of Conservation, the 

Illinois Secretary of State, the Illinois 

Department of Revenue, and the Illinois 

Department of Agriculture. The 

documentation supplied in the 

submittal shows how the countyspecific emissions were calculated for 

each area source category. 

Non-road mobile source emissions 

were generated using the NONROAD 

model version 2.20a. In addition, 

emissions estimates were developed for 

commercial marine vessels, aircraft, and 

railroads, three non-road categories not 

included in the NONROAD model. 

On-road mobile emissions were 

prepared by IEPA using EPA’s MVOES 

emissions model and daily VMT data 

provided by IDOT. 

IEPA’s submittal documents 2002 

emissions in the Illinois portion of the 

St. Louis area in units of tons per 

summer day. The 2002 summer day 

emissions of VOC and NOX are 

summarized in Table 2, above. EPA is 

proposing to approve this 2002 

inventory as meeting the section 

182(a)(1) comprehensive emissions 

inventory requirement. 

VI. Summary of Actions 

After evaluating the redesignation 

request submitted by Illinois, EPA 

concludes that the request meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. Therefore, EPA 

is proposing to approve the 

redesignation of the Illinois portion of 

the St. Louis area from nonattainment to 

attainment for the 1997 8-hour ozone 

NAAQS. EPA is also proposing to 

approve the maintenance plan SIP 

revision for the Illinois portion of the St. 

Louis area. EPA’s proposed approval of 

the maintenance plan is based on the 

State’s demonstration that the plan 

meets the requirements of section 175A 

of the CAA, as described more fully 

above. EPA is also proposing to approve 

IEPA’s 2002 comprehensive emissions 

inventory for the Illinois portion of the 

St. Louis area as meeting the 

requirements of section 182(a)(1) of the 

CAA. Finally, EPA finds adequate under 

40 CFR 93.118(e) and is proposing to 

approve the State’s 2008 and 2025 

MVEBs for the Illinois portion of the St. 

Louis area. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, these actions do 

not impose additional requirements 

beyond those imposed by state law and 

the CAA. For that reason, these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Volatile organic compounds. 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Proposed Rules 79593 

40 CFR Part 81 

Air pollution control, Environmental 

protection, National parks, Wilderness 

areas. 

Dated: December 14, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–32828 Filed 12–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2011–0468; FRL–9610–4] 

Approval, and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Redesignation of the Ohio Portion of 

the Huntington-Ashland Area to 

Attainment of the 1997 Annual 

Standard for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On May 4, 2011, the Ohio 

Environmental Protection Agency 

submitted a request for EPA to approve 

the redesignation of the Ohio portion of 

the Huntington-Ashland (OH-KY-WV) 

nonattainment area to attainment of the 

1997 annual standard for fine 

particulate matter (PM2.5). EPA is 

proposing to approve Ohio’s request. 

EPA is proposing to approve several 

additional related actions. EPA is 

proposing to determine that the entire 

Huntington-Ashland (OH-KY-WV) area 

continues to attain the 1997 annual 

PM2.5 standard. EPA is proposing to 

approve, as revisions to the Ohio State 

Implementation Plan (SIP), the state’s 

plan for maintaining the 1997 annual 

PM2.5 NAAQS through 2022 in the area. 

EPA is proposing to approve the 2005 

emissions inventory for the Ohio 

portion of the Huntington-Ashland area 

as meeting the comprehensive 

emissions inventory requirement of the 

Clean Air Act (CAA or Act). Ohio’s 

maintenance plan submission includes 

an insignificance finding for the mobile 

source contribution of PM2.5 and 

nitrogen oxides (NOX) to Ohio’s portion 

of the Huntington-Ashland PM2.5 Area 

for transportation conformity purposes. 

EPA agrees with this finding. These 

proposed actions are being taken in 

accordance with the CAA and EPA’s 

implementation regulation regarding the 

1997 p.m.2.5 NAAQS. 

DATES: Comments must be received on 

or before January 23, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0468, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section (AR– 

18J), U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2011– 

0468. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Carolyn 

Persoon, Environmental Engineer, at 

(312) 353–8290 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

supplementary information section is 

arranged as follows: 

I. What should I consider as I prepare my 

comments for EPA? 

II. What actions is EPA proposing to take? 

III. What is the background for these actions? 

IV. What are the criteria for redesignation to 

attainment? 

V. What is EPA’s analysis of the state’s 

request? 

1. Attainment 

2. The Area Has Met All Applicable 

Requirements Under Section 110 and 

Part D and Has a Fully Approved SIP 

Under Section 110(k) (Sections 

107(d)(3)(E)(v) and 107(d)(3)(E)(ii)). 

3. The Improvement in Air Quality Is Due 

to Permanent and Enforceable 

Reductions in Emissions Resulting From 

Implementation of the SIP and 

Applicable Federal Air Pollution Control 

Regulations and Other Permanent and 

Enforceable Reductions (Section 

107(d)(3)(E)(iii)) 

4. Ohio Has a Fully Approved Maintenance 

Plan Pursuant to Section 175A of the 

CAA (Section 107(d)(3)(E)(iv)) 

5. Insignificance Determination for the 

Mobile Source Contribution to PM2.5 and 

NOX

6. 2005 Comprehensive Emissions 

Inventory 

7. Summary of Proposed Actions 

VI. What are the effects of EPA’s proposed 

actions? 

VII. Statutory and Executive Order Reviews 


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