```

[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Proposed Rules]
[Pages 68378-68384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27276]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0046; FRL-9902- 91-Region 5]

Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Amendments to Vehicle Inspection and Maintenance Program for 
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve a state implementation plan (SIP) 
revision submitted by the Illinois Environmental Protection Agency 
(IEPA) on November 29, 2012, concerning the state's vehicle inspection 
and maintenance (I/M) program in the Chicago and Metro-East St. Louis 
ozone nonattainment areas in Illinois. The revision amends I/M program 
requirements in the active control measures portion of the ozone SIP to 
reflect changes that have been implemented at the state level since EPA 
fully approved the I/M program on February 22, 1999. The submittal also 
includes a demonstration under section 110(l) of the Clean Air Act 
(CAA) addressing lost emission reductions associated with the program 
changes.

DATES: Comments must be received on or before December 16, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0046, by one of the following methods:
    1. 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, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (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

[[Page 68379]]

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-
2013-0046. 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 the 
SUPPLEMENTARY INFORMATION section of this document.
    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 Francisco J. Acevedo, Mobile Source 
Program Manager, at (312)886-6061 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source 
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312)886-6061, 
acevedo.francisco@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:

    I. What should I consider as I prepare my comments for EPA?
    II. Background
    III. What changes have been made to the Illinois I/M program?
    IV. What is EPA's analysis of the State's submittal?
    a. Substantive I/M Requirements
    b. Performance Evaluation
    c. Demonstrating Noninterference With Attainment and Maintenance 
Under CAA Section 110(l)
V. What action is EPA proposing to take?
VI. 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.

II. Background

    The general purpose of motor vehicle I/M programs is to reduce 
emissions from in-use motor vehicles in need of repairs and thereby 
contribute to state and local efforts to improve air quality and to 
attain the national ambient air quality standards (NAAQS).
    Illinois has operated an enhanced I/M program in both the Chicago 
and Metro-East St. Louis ozone nonattainment areas since February 1999. 
The program is presently operating in Cook, DuPage and Lake Counties 
and portions of McHenry, Kane, Will and Kendall Counties in the Chicago 
ozone nonattainment area and in portions of Madison, St. Clair and 
Monroe Counties in the Metro-East St. Louis ozone nonattainment area. 
The program was authorized by the Illinois Vehicle Emissions Inspection 
Law (VEIL) of 1995 (625 ILCS 5/13B). EPA fully approved Illinois's 
enhanced I/M program into the SIP on February 22, 1999, (64 FR 8517) 
including the program's legal authority and administrative program 
standards and procedures found in 35 Ill. Adm. Code 240 and 276. 
Initially, all vehicles were inspected by measuring tailpipe emission 
levels. As of February 1, 2007, the program dropped tailpipe testing 
entirely and inspected all vehicles by scanning the on-board 
diagnostics (OBD) systems. This change was the result of statutory 
changes outlined in the VEIL of 2005, as amended, 625 ILCS 5/13C.

III. What changes have been made to the Illinois I/M program?

    The Illinois I/M SIP revision submitted on November 29, 2012, 
reflects several changes to the approved program. The most significant 
changes to the Illinois I/M program took effect beginning on February 
2007 and include:
     The elimination of the IM240 transient mode exhaust test 
for all vehicles beginning February 1, 2007.
     The elimination of the evaporative system integrity (gas 
cap pressure) test for all OBD compliant vehicles beginning February 1, 
2007.
     The replacement of the computer-matching enforcement 
mechanism with a registration denial based system beginning January 1, 
2008.
     The elimination of the steady-state idle exhaust and 
evaporative integrity (gas cap pressure) testing for all vehicles 
beginning February 1, 2012.
     The exemption of pre-2007 model year (MY) heavy-duty 
vehicles (HDVs) with gross vehicle weight rating (GVWR) between 8,501 
and 14,000 pounds beginning February 1, 2012.
     The exemption of all HDVs with a GVWR greater than 14,000 
pounds as of February 1, 2012.
     The requirement of OBD pass/fail testing for all 2007 and 
newer OBD-compliant HDVs.
    In addition to the changes discussed above, the November 29, 2012, 
submittal included a number of minor revisions to the program that do 
not

[[Page 68380]]

have a significant impact on overall program operations or the 
emissions reductions associated with it. A full list of the regulatory 
changes submitted by Illinois for EPA approval includes:
     VEIL of 2005, as amended, 625 ILCS 5/13C (Public Act 94-
526 enacted on August 10, 2005; Public Act 94-848 enacted on June 9, 
2006; Public Act 97-106, enacted on July 14, 2011).
     Revisions to 35 Ill. Adm. Code 240 (R11-19 effective March 
18, 2011 (35 Ill. Reg. 5552 (April 1, 2011)); R12-12 effective February 
1, 2012 (36 Ill. Reg. 1066 (January 27, 2012)).
     Revisions to 35 Ill. Adm. Code 276 effective June 28, 2011 
(35 Ill. Reg. 11268) and January 30, 2012 (36 Ill. Reg. 2257).
    To support the changes outlined above, the revision also included a 
summary of the MOVES2010a modeling inputs used to calculate program 
benefits; a demonstration for meeting the modeling requirements for 
EPA's alternate low enhanced I/M performance standard; and a section 
110(l) demonstration that includes offset emission credits. Full copies 
of the SIP revision are located in EPA's docket.

IV. What is EPA's analysis of the State's submittal?

a. Substantive I/M Requirements
    EPA's requirements for basic and enhanced I/M programs are found in 
40 CFR part 51, subpart S. The I/M SIP revision submitted by Illinois 
must be consistent with these requirements and must meet EPA's 
requirements for enforceability and section 110(l) requirements of the 
CAA. The most important aspects of I/M affected by the submitted 
revisions to the Illinois I/M program include network type changes, 
vehicle coverage and exemptions, test procedures and standards, test 
equipment, waivers and compliance, and the performance standard 
evaluation.

1. Network Type and Program Evaluation--40 CFR 51.353

    Under 40 CFR 51.353, basic and enhanced I/M programs can be 
centralized, decentralized, or a hybrid of the two at the state's 
discretion, but must be demonstrated to achieve the same (or better) 
level of emission reduction as the applicable performance standard 
described in either 40 CFR 51.351 or 40 CFR 51.352. The revised 
Illinois I/M program consists of a hybrid network which includes a 
combination of centralized test-only stations and decentralized, 
appointment-only, test and repair stations. Provision and maintenance 
of all test equipment, operation of data management services, waiver 
analysis, and inspector training, is handled by the state's contractor, 
Applus+ Technologies, Inc. All tests, regardless of station type, are 
conducted using the same test equipment and fraud prevention 
techniques. Vehicles in the Chicago and Metro-East St. Louis areas 
required to comply with the I/M program are tested biennially by the 
contractor at either centralized test-only stations or decentralized 
test and repair stations. The Illinois I/M program is conducted under 
the legal authority of the VEIL of 2005. The submittal includes 
provisions for ongoing program evaluation to satisfy the requirements 
of 40 CFR 51.353. In addition, the state has committed to submit to EPA 
annual reports that meet the requirements of 40 CFR 51.353 and 40 CFR 
51.366. This part of the submittal continues to meet the requirements 
of 40 CFR 51.353 of the Federal I/M regulation.

2. Vehicle Coverage--40 CFR 51.356

    Under 40 CFR 51.356, the performance standard for enhanced I/M 
programs (including alternate low enhanced programs) assumes coverage 
of all MY 1968 and later light duty vehicles (LDVs) and light duty 
trucks (LDTs) up to 8,500 pounds GVWR, and includes vehicles operating 
on all fuel types. Subject vehicles include vehicles registered or 
required to be registered within the I/M program area boundaries, and 
fleets primarily operated within the I/M program area boundaries and 
belonging to the covered model years and vehicle classes. Under EPA 
regulations, other levels of coverage may be approved if the necessary 
emission reductions are achieved. The Illinois I/M program requires all 
1996 and newer MY LDVs, LDTs, and OBD compliant HDVs registered in the 
Chicago or Metro-East St. Louis ozone nonattainment area to be subject 
to the OBD inspection. The legal authority to enforce the vehicle 
coverage requirement in Illinois is provided by the VEIL of 2005. The 
rules implemented to enforce vehicle coverage are contained in the 
emissions standards adopted by the Illinois Pollution Control Board (35 
Ill. Adm. Code 240), and the procedural rules adopted by IEPA (35 Ill. 
Adm. Code 276). As described in section IV.b below, EPA concludes that 
the state has demonstrated that it meets the alternate low enhanced 
performance standards with the revised program changes. Thus, the 
changes in vehicle coverage under the revised requirements are 
acceptable under 40 CFR 51.356.

3. Test Procedures--Standards--40 CFR 51.357

    Under 40 CFR 51.357, I/M programs must establish and implement 
written test procedures and pass/fail standards for each model year and 
vehicle type. Under the revised requirements, Illinois establishes OBD 
as the primary testing method and eliminates the previously established 
idle and transient tailpipe testing methods. In addition, the revised 
requirements eliminate the evaporative emission test also known as the 
``gas cap test'', which was previously required but is no longer 
necessary with OBD technology. The Illinois I/M program submittal 
contains detailed procedures for connecting to the OBD system, 
information on readiness codes for OBD tests, and pass/fail standards 
for OBD equipped vehicles. Updated test procedures are contained in 35 
Ill. Adm. Code 276 and applicable emission standards are contained in 
35 Ill. Adm. Code 240. This part of the submittal meets the 
requirements of 40 CFR 51.357 and 40 CFR 51.358 of the Federal I/M 
regulation.

4. Test Equipment--40 CFR 51.358

    Computerized test systems are required for performing any 
measurement on subject vehicles. The Federal I/M regulation requires 
that the state SIP submittal include written technical specifications 
for all test equipment used in the program. The specifications must 
describe the analysis process, the necessary test equipment, the 
required features, and written acceptance testing criteria and 
procedures. As mentioned before, the revised changes repeal references 
in the requirements relating to idle and transient tailpipe testing 
methods, including emission equipment specifications and inspection 
requirements retaining the requirements and specifications for OBD 
testing. All test stations, whether they are centralized test-only 
stations, or decentralized test and repair stations, are required to 
use the same test equipment and data management systems as provided by 
the contractor.\1\ Requirements for the entire test system and vehicle 
inspection report are contained in the Illinois I/M program contract 
with Applus+ Technologies, Inc. The Illinois I/M program submittal 
contains detailed technical specifications for program test equipment 
that mirror EPA's requirements and guidance. This part of the submittal 
continues to meet the

[[Page 68381]]

requirements of 40 CFR 51.358 of the Federal I/M regulation.
---------------------------------------------------------------------------

    \1\ The contractor's license plate recognition system is not 
required at low-volume decentralized test and repair stations.
---------------------------------------------------------------------------

5. Quality Control--40 CFR 51.359

    Section 3.3.3.22 of Illinois I/M program contract with Applus+ 
Technologies, Inc., as well as 35 Ill. Adm. Code 276, Subpart F, 
directs IEPA and the contractor to ensure quality and reliability. The 
results of the ongoing quality assurance program and program 
evaluations are incorporated into the annual report submitted to EPA 
under 40 CFR 51.366. This part of the submittal continues to meet the 
requirements of 40 CFR 51.359 of the Federal I/M regulation.

6. Waivers and Compliance Via Diagnostic Inspection--40 CFR 51.360

    The Federal I/M regulation allows for the issuance of a waiver, 
which is a form of compliance with the program requirements that allows 
a motorist to comply without meeting the applicable test standards. The 
waiver requirements for Illinois are specified in 35 Ill. Adm. Code 
276, Subpart D. In addition to waivers, the I/M program allows 
motorists to comply if they meet the requirements for an economic 
hardship extension, if their vehicle is located outside of the test 
area, or if the vehicle has complied with another jurisdiction's 
testing requirement. Legal authority for the issuance of waivers in the 
Illinois I/M program is contained in the VEIL of 2005. Specifically, 
Sections 625 ILCS 5/13C-15 and 5/13C-30 provide the criteria that must 
be met before a vehicle that has failed a vehicle emissions retest can 
qualify for a waiver, economic hardship extension, outside of affected 
counties annual exemption, or reciprocity emission compliance 
certificate. In addition, 35 Ill. Adm. Code 276, Subpart D, provides 
the procedures to be followed in the issuance of a waiver, economic 
hardship extension, or outside of affected counties annual exemption. 
Finally, 35 Ill. Adm. Code 276, Subpart J, provides the requirements 
for the issuance of an emissions compliance certificate under 
reciprocity with other states or jurisdictions. This part of the 
submittal continues to meet the requirements of 40 CFR 51.360.

7. Motorist Compliance Enforcement--40 CFR 51.361 and Motorist 
Compliance Enforcement Program Oversight--40 CFR 51.362

    Under 40 CFR 51.361, compliance must be ensured through the denial 
of motor vehicle registration in enhanced I/M programs unless an 
exception for use of an existing alternative is approved. The 
enforcement mechanism for the Illinois I/M program changed from a 
computer-matching system to a vehicle registration denial based system 
on January 1, 2008. Sections 625 ILCS 5/13C-15 and 5/13C-55 of the VEIL 
of 2005 specifically require that the owner of a vehicle subject to 
inspection have proof of compliance from IEPA in order to obtain or 
renew a vehicle registration for a subject vehicle. As part of this 
process, IEPA and the Illinois Secretary of State maintain a level of 
motorist enforcement necessary to ensure a compliance rate of no less 
than 96 percent of subject vehicles. This part of the submittal 
continues to meet the requirements of 40 CFR 51.361 and 40 CFR 51.362 
of the Federal I/M regulation.
b. Performance Evaluation
    As part of the November 29, 2012, I/M SIP revision, IEPA provided 
an updated performance evaluation using the EPA's motor vehicle 
emissions simulator model, MOVES2010a.\2\ The updated performance 
evaluation included a summary report outlining the modeling results and 
full modeling input files, output data files, and run specifications 
for the MOVES2010a evaluation. The purpose of the updated performance 
evaluation is to demonstrate that the Illinois I/M program, as amended, 
would continue to meet the Federal enhanced I/M performance standard in 
both the Chicago and Metro-East St. Louis ozone nonattainment areas in 
Illinois. The results of IEPA's analysis are summarized in Tables 1 and 
2 below, which show that the emissions reductions achieved by the 
Illinois I/M program, as amended, meet or exceed those achieved under 
the performance standards. The amended Illinois I/M program thus 
continues to achieve greater emissions reductions than the Federal 
model program because the Illinois I/M program includes elements that 
go beyond Federal I/M requirements.
---------------------------------------------------------------------------

    \2\ EPA announced the release of MOVES2010 in March 2010 (75 FR 
9411). EPA subsequently released two minor model revisions: 
MOVES2010a in September 2010 and MOVES2010b in April 2012. Both of 
these minor revisions enhance model performance and do not 
significantly affect the criteria pollutant emissions results from 
MOVES2010.

     Table 1--Summary of Results of IEPA's Alternative Low Enhanced
           Performance Modeling for Chicago Nonattainment Area
                            [Grams per mile]
------------------------------------------------------------------------
                                                            VOC     NOX
                      Program type                          \1\     \2\
------------------------------------------------------------------------
Alternative Low Enhanced I/M Performance Standard.......    0.37    1.29
Illinois 2012 I/M Program...............................    0.37    1.24
------------------------------------------------------------------------
\1\ Volatile organic compound.
\2\ Oxides of nitrogen.

     Table 2--Summary of Results of IEPA's Alternative Low Enhanced
    Performance Modeling for Metro-East St. Louis Nonattainment Area
                            [Grams per mile]
------------------------------------------------------------------------
                      Program type                          VOC     NOX
------------------------------------------------------------------------
Alternative Low Enhanced I/M Performance Standard.......    0.46    1.50
Illinois 2012 I/M Program...............................     \1\    1.45
                                                            0.47
------------------------------------------------------------------------
\1\ Value is within +/-0.02 grams per mile margin for error allowed for
  by EPA.

    Based on our review of the I/M SIP revision, EPA finds IEPA's 
performance standard evaluation and use of the alternate low enhanced 
I/M performance standard to be acceptable. EPA also finds that the 
Illinois I/M program, as amended, meets or exceeds the alternate low 
enhanced performance standard in both the Chicago and Metro-East St. 
Louis nonattainment areas as required under 40 CFR 51.351.
c. Demonstrating Noninterference With Attainment and Maintenance Under 
CAA Section 110(l)
    Revisions to SIP-approved control measures must meet the 
requirements of CAA section 110(l) to be approved by EPA. Section 
110(l) states:

    The Administrator shall not approve a revision of a plan if the 
revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in section 
171), or any other applicable requirement of this Act.

    EPA interprets section 110(l) to apply to all requirements of the 
CAA and to all areas of the country, whether attainment, nonattainment, 
unclassifiable, or maintenance for one or more of the six criteria 
pollutants. EPA also interprets section 110(l) to require a 
demonstration addressing all pollutants whose emissions and/or ambient 
concentrations may change as a result of the SIP revision. In the 
absence of an attainment demonstration, to demonstrate no interference 
with any

[[Page 68382]]

applicable NAAQS or requirement of the CAA under section 110(l), EPA 
believes it is appropriate to allow states to substitute equivalent 
emissions reductions to compensate for any change to a SIP approved 
program, as long as actual emissions in the air are not increased. 
``Equivalent'' emissions reductions mean reductions which are equal to 
or greater than those reductions achieved by the control measure 
approved in the active portion of the SIP. In order to show that 
compensating emissions reductions are equivalent, modeling or adequate 
justification must be provided. The compensating, equivalent reductions 
must represent actual, new emissions reductions achieved in a 
contemporaneous time frame to the change of the existing SIP control 
measure, in order to preserve the status quo level of emission in the 
air. In addition to being contemporaneous, the equivalent emissions 
reductions must also be permanent, enforceable, quantifiable, and 
surplus to be approved into the SIP.
    The Illinois I/M SIP revision includes a 110(l) demonstration that 
uses equivalent emissions reductions to compensate for emission 
reduction losses resulting from changes to the February 22, 1999, SIP 
approved I/M program in the Chicago and Metro-East St. Louis ozone 
nonattainment areas in Illinois. The submittal indicates that IEPA used 
the latest version of EPA's motor vehicle emissions model program, 
MOVES2010a, to estimate the emissions effects of the program changes. 
Based on our review of the information provided, EPA finds that IEPA 
used reasonable methods and appropriate models in estimating the 
emissions effects of the program changes. IEPA's MOVES modeling shows 
that the changes to the Illinois I/M program result in fewer reductions 
than would have otherwise been obtained from the I/M program originally 
approved in the SIP by EPA on February 22, 1999. Tables 3 and 4 below 
summarize IEPA's emissions calculations comparing the revised I/M 
program to the SIP approved I/M program in units of tons per day (tpd) 
and highlight the emissions increases that need to be addressed as part 
of the 110(l) demonstration.

                                Table 3--SIP I/M Program vs. Revised I/M Program in the Chicago Ozone Nonattainment Area
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  SIP I/M program               Revised I/M program             Emissions increase
                          Year                           -----------------------------------------------------------------------------------------------
                                                                VOC             NOX             VOC             NOX             VOC             NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
2007....................................................          138.44          462.33          146.08          476.28            7.65           13.95
2009....................................................          108.57          374.35          113.76          383.86            5.19            9.51
2012....................................................           75.42          255.38           80.27          260.22            4.85            4.84
2015....................................................           56.56          186.63           59.99          189.59            3.43            2.96
2025....................................................           39.64          113.83           40.06          114.13            0.42            0.31
--------------------------------------------------------------------------------------------------------------------------------------------------------

                          Table 4--SIP I/M Program vs. Revised I/M Program in the Metro-East St. Louis Ozone Nonattainment Area
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  SIP I/M program               Revised I/M program             Emissions increase
                          Year                           -----------------------------------------------------------------------------------------------
                                                                VOC             NOX             VOC             NOX             VOC             NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
2007....................................................           15.94           52.65           17.03           54.74            1.09            2.09
2009....................................................           12.76           42.20           13.59           43.69            0.83            1.49
2012....................................................            9.86           31.15           10.80           32.25            0.94            1.09
2015....................................................            7.62           23.20            8.36           23.98            0.75            0.78
2025....................................................            4.91           13.29            4.95           13.31            0.05            0.02
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The revised Illinois I/M program produces fewer reductions of VOC 
and NOX emissions which are contributors to the formation of 
ground-level ozone and fine particular matter (PM2.5). Thus, 
the increase in VOC and NOX needs to be offset with 
equivalent (or greater) emissions reductions from another control 
measures in order to demonstrate non-interference with the 8-hour ozone 
and PM2.5 NAAQS. Although the program also results in fewer 
reductions of carbon monoxide (CO) emissions, substitute CO emissions 
reductions are not needed for this demonstration, because both areas in 
Illinois are attaining the CO NAAQS and CO levels in both areas are 
well below the standard. IEPA has determined that it is unlikely that 
the amendments to the Illinois I/M program will interfere with either 
areas' ability to continue to attain the CO NAAQS.
    To address the projected loss of VOC and NOX emission 
reductions, IEPA reviewed its records of permitted emissions sources in 
both nonattainment areas in Illinois and identified those sources that 
have ceased operation since 2002. In the Chicago nonattainment area, 
IEPA identified 1,168 facilities with permitted VOC emissions and 687 
facilities with permitted NOX emissions that have 
permanently closed and have expired permits that have been revoked. In 
the Metro-East St. Louis nonattainment area, IEPA identified 82 
facilities with permitted VOC emissions and 39 facilities with 
permitted NOX emissions that have permanently closed and 
have expired permits that have been revoked. The expiration and 
revocation of these sources' permits allows the state to use the 
emission credits associated with them for other purposes under the SIP 
and makes such reductions permanent and enforceable. IEPA review of 
emissions from shutdown facilities shows cumulative reductions of 50.32 
tpd of VOC and 121.29 tpd of NOX in the Chicago area in 2012 
and 1.97 tpd of VOC and 1.74 tpd of NOX in the Metro-East 
St. Louis area in 2012.
    Tables 5 and 6 below compare the increases in VOC and 
NOX emissions from the revised I/M program to the cumulative 
reductions in VOC and NOX emissions from facility shutdowns. 
Table 5 shows that emission offsets for both VOC and NOX 
exceed the increase in emissions resulting from the revised I/M program 
in the Chicago

[[Page 68383]]

nonattainment area from 2007 through 2012. Table 6 shows that emission 
offsets for VOC exceed the increase in emissions resulting from the 
revised I/M program in the Metro-East St. Louis nonattainment area from 
2007 through 2012. However, in 2007 and 2008, increases in 
NOX from the revised I/M program exceeded the offsets of 
NOX from shutdown facilities in the Metro-East St. Louis 
nonattainment area.

               Table 5--NOX and VOC Emissions From Closed Facilities in Chicago Nonattainment Area
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                           Chicago nonattainment area
-----------------------------------------------------------------------------------------------------------------
                                                          Cumulative                              Cumulative
                                  I/M program change   facility shutdown  I/M program change   facility shutdown
              Year                emissions increase       emissions      emissions increase       emissions
                                         (VOC)          reduction (VOC)          (NOX)          reduction (NOX)
----------------------------------------------------------------------------------------------------------------
2007............................                7.65               33.16               13.95              100.71
2008............................                6.15               39.96               11.22              109.33
2009............................                5.19               45.00                9.51              117.95
2010............................                4.28               48.11                7.54              120.58
2011............................                3.60               49.30                6.29              121.24
2012............................                4.85               50.32                4.84              121.29
----------------------------------------------------------------------------------------------------------------

        Table 6--NOX and VOC Emissions From Closed Facilities in Metro-East St. Louis Nonattainment Area
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                     Metro-East St. Louis nonattainment area
-----------------------------------------------------------------------------------------------------------------
                                                          Cumulative                              Cumulative
                                  I/M program change   facility shutdown  I/M program change   facility shutdown
              Year                emissions increase       emissions      emissions increase       emissions
                                         (VOC           reduction (VOC)          (NOX)          reduction (NOX)
----------------------------------------------------------------------------------------------------------------
2007............................                1.09                1.64                2.09                1.39
2008............................                0.94                1.70                1.80                1.49
2009............................                0.83                1.83                1.49                1.52
2010............................                0.75                1.85                1.41                1.56
2011............................                0.68                1.94                1.28                1.71
2012............................                0.94                1.97                1.09                1.74
----------------------------------------------------------------------------------------------------------------

    EPA policy allows for substitution between VOC and NOX 
emissions in its guidance on reasonable further progress. This guidance 
recommends that states assume, as an approximation, that equivalent 
percent changes in the area's inventory for the respective pollutant 
yield an equivalent change in ozone levels. For example, decreasing 
area NOX emissions by 3 percent would have the same effect 
as decreasing area VOC emissions by 3 percent. Stated another way, if 
an area has twice as many tons of NOX emissions as VOC 
emissions, then 2 tons of NOX emissions would be assumed to 
have the same effect on ozone as 1 ton of VOC emissions. Following this 
approach, IEPA used a 1 VOC to 2.04 NOX conversion ratio for 
the Metro-East St. Louis area.
    Table 7 below summarizes IEPA's I/M emissions make-up demonstration 
for the Metro-East St. Louis area and takes into consideration the VOC 
to NOX substitution approach discussed above. Based on the 
use of permanent, enforceable, contemporaneous, surplus emissions 
reductions achieved through the shutdown of permitted emissions 
sources, EPA believes that the revisions to the Illinois I/M program do 
not interfere with both areas' ability to demonstrate compliance with 
the 8-hour ozone and PM2.5 NAAQS.

 Table 7--Metro-East St. Louis Area Comparison of NOX Emissions Shortfall to Excess VOC Reductions Applying VOC
                                           to NOX Substitution Policy
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                                                              Cumulative          Excess VOC
                                                                           facility shutdown    emissions using
                        Year                             NOX emissions        excess VOC        the VOC to NOX
                                                           shortfall           emissions        emissions ratio
                                                                              reductions           (1:2.04)
----------------------------------------------------------------------------------------------------------------
2007................................................                0.70                0.55                1.12
2008................................................                0.31                0.76                1.55
----------------------------------------------------------------------------------------------------------------

    EPA also examined whether the amendments to the approved I/M 
program in Illinois have interfered with attainment of other air 
quality standards. The Illinois I/M program was implemented to address 
only the ozone NAAQS and EPA has no reason to believe that the 
amendments to the approved I/M program have caused or

[[Page 68384]]

will cause the nonattainment of the NAAQS for CO, lead, nitrogen 
dioxide, or sulfur dioxide. The Metro-East St. Louis area is designated 
as nonattainment for the PM2.5 NAAQS and as discussed 
before, NOX is a precursor to PM2.5 formation. 
However, as demonstrated above, permanent, enforceable, 
contemporaneous, surplus emissions reductions achieved through the 
shutdown of permitted VOC and NOX emissions sources have 
offset the minor increase in NOX emissions resulting from 
the change to the I/M program. Therefore, the changes to the I/M 
program do not interfere with attainment of the PM2.5 NAAQS. 
In addition, EPA believes that the amendments to the approved I/M 
program in Illinois will not interfere with the ability of the Chicago 
and Metro-East St. Louis ozone nonattainment areas to meet any other 
CAA requirement.
    Based on the above discussion and the state's 100(l) demonstration, 
EPA believes that the changes to the Illinois I/M program will not 
interfere with attainment or maintenance of any of the NAAQS in either 
the Chicago and Metro-East St. Louis nonattainment areas and would not 
interfere with any other applicable requirement of the CAA, and thus, 
are approvable under CAA section 110(l).

V. What action is EPA proposing to take?

    EPA is proposing to approve the revisions to the Illinois ozone SIP 
submitted on November 29, 2012, concerning the I/M program in the 
Chicago and Metro-East St. Louis ozone nonattainment areas in Illinois. 
EPA finds that the revisions meet all applicable requirements and will 
not interfere with reasonable further progress or attainment of any of 
the NAAQS.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

    Dated: November 1, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-27276 Filed 11-13-13; 8:45 am]
BILLING CODE 6560-50-P
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