Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Rules and Regulations 11671 

1Biogenic emissions are produced by living 

organisms and are typically not included in the 

base year emission inventories, but are considered 

in ozone modeling analyses, which must consider 

all emissions in a modeled area. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0664; FRL–9943–33– 

Region 5] 

Air Plan Approval; Illinois; Base Year 

Emission Inventories for the 2008 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the Illinois Environmental 

Protection Agency (IEPA) on September 

3, 2014, to address emission inventory 

requirements for the Illinois portions of 

the Chicago-Naperville, Illinois-IndianaWisconsin (IL-IN-WI) and St. Louis, 

Missouri-Illinois (MO-IL) ozone 

nonattainment areas under the 2008 

ozone National Ambient Air Quality 

Standard (NAAQS or standard). The 

Clean Air Act (CAA) requires emission 

inventories for all ozone nonattainment 

areas. The emission inventories 

contained in Illinois’ September 3, 2014, 

submission meet this CAA requirement. 

DATES: This direct final rule will be 

effective May 6, 2016, unless EPA 

receives adverse comments by April 6, 

2016. If adverse comments are received 

by EPA, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2014–0664 at http://

www.regulations.gov or via email to 

Aburano.Douglas@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Edward Doty, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6057, Doty.Edward@

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. The 2008 Ozone NAAQS and Emission 

Inventory Requirements 

II. Illinois’ Emission Inventories 

A. Base Year 

B. How did the state develop the emission 

inventories? 

III. EPA’s Evaluation 

A. Did the state adequately document the 

derivation of the emission estimates? 

B. Did the state quality assure the emission 

estimates? 

C. Did the state provide for public review 

of the requested SIP revision? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. The 2008 Ozone NAAQS and 

Emission Inventory Requirements 

On March 12, 2008, EPA promulgated 

a revised 8-hour ozone NAAQS of 0.075 

parts per million (ppm). See 73 FR 

16436 (March 27, 2008). In 2012, EPA 

designated nonattainment areas for the 

2008 ozone NAAQS (77 FR 30088, May 

21, 2012, and 77 FR 34221, June 11, 

2012). The Chicago-Naperville, IL-IN-WI 

and St. Louis, MO-IL areas were 

designated as marginal nonattainment 

areas for the 2008 ozone NAAQS. The 

Illinois portion (the Chicago area) of the 

Chicago-Naperville, IL-IN-WI ozone 

nonattainment area includes the 

counties of Cook, DuPage, Kane, Lake, 

McHenry, and Will, Aux Sable and 

Goose Lake Townships in Grundy 

County, and Oswego Township in 

Kendall County. The Illinois portion 

(the Metro-East St. Louis area) of the St. 

Louis, MO-IL ozone nonattainment area 

includes Madison, Monroe, and St. Clair 

Counties. 

CAA sections 172(c)(3) and 182(a)(1), 

42 U.S.C. 7502(c)(3) and 7511a(a)(1), 

require states to develop and submit, as 

SIP revisions, emission inventories for 

all areas designated as nonattainment 

for the ozone NAAQS. An emission 

inventory for ozone is an estimation of 

actual emissions of air pollutants that 

contribute to the formation of ozone in 

an area. Ozone is a gas that is formed 

by the reaction of Volatile Organic 

Compounds (VOC) and Oxides of 

Nitrogen (NOX) in the atmosphere in the 

presence of sunlight (VOC and NOX are 

referred to as ozone precursors). 

Therefore, an emission inventory for 

ozone covers the emissions of VOC and 

NOX. VOC is emitted by many types of 

pollution sources, including power 

plants, industrial sources, on-road and 

off-road mobile sources, smaller 

stationary sources, collectively referred 

to as area sources, and biogenic 

sources.1 NOX is primarily emitted by 

combustion sources, both stationary and 

mobile. 

The emission inventories provide 

emissions data for a variety of air 

quality planning tasks, including 

establishing baseline emission levels, 

calculating emission reduction targets 

needed to attain the NAAQS, 

determining emission inputs for ozone 

air quality modeling analyses, and 

tracking emissions over time to 

determine progress toward achieving air 

quality and emission reduction goals. 

As stated above, the CAA requires the 

states to submit emission inventories for 

areas designated as nonattainment for 

ozone. For the 2008 ozone NAAQS, EPA 

has recommended that states use 2011 

as a base year for the emission estimates 

(78 FR 34178, 34190, June 6, 2013). 

However, EPA also allows states to 

submit base year emissions for other 

years during a recent ozone standard 

violation period. States are required to 

submit estimates of VOC and NOX

emissions for four general classes of 

anthropogenic sources: Stationary point 

sources; area sources; on-road mobile 

sources; and off-road mobile sources in 

their emission inventories. 

II. Illinois’ Emission Inventories 

Illinois submitted a SIP revision 

addressing the VOC and NOX emission 

inventory requirement for the Chicago 

and Metro-East St. Louis areas on 

September 3, 2014. Tables 1 and 2 

summarize the 2011 VOC and NOX

emissions for these two areas for a 

typical summer day (reflective of the 

summer period, when the highest ozone 

concentrations are expected in these 

ozone nonattainment areas). 

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11672 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Rules and Regulations 

2 VOM as defined at 35 Illinois Administrative 

Code section 211.7150 is identical to EPA’s 

definition of VOC at 40 CFR 51.100(s). The terms 

VOC and VOM are interchangeable, and refer to the 

same compounds. We use VOC here to remain 

consistent with EPA’s standard practice to refer to 

VOC as an ozone precursor. 

TABLE 1—CHICAGO AREA 2011 

EMISSION INVENTORY

[Tons per day] 

Source type VOC NOX

Point .................................. 48.26 119.88 

Area .................................. 210.04 27.13 

On-Road Mobile ............... 91.03 296.38 

Off-Road Mobile ............... 168.66 170.86 

Totals ......................... 517.98 614.37 

TABLE 2—METRO-EAST ST. LOUIS

AREA 2011 EMISSION INVENTORY

[Tons per day] 

Source Type VOC NOX

Point .................................. 10.80 26.18 

Area .................................. 18.12 1.24 

On-Road Mobile ............... 11.44 34.14 

Off-Road Mobile ............... 8.49 17.17 

Totals ......................... 48.86 78.72 

A. Base Year 

As recommended by the EPA, the 

IEPA has selected 2011 as the base year 

for the submitted emission inventories. 

B. How did the state develop the 

emission inventories? 

Illinois estimated VOC (Volatile 

Organic Material (VOM) in the Illinois 

emission inventory 2) and NOX

emissions for each Illinois county 

contained in (and for each township for 

counties partially contained in) the 

Chicago and Metro-East St. Louis areas. 

Emissions for the counties (or 

townships) were totaled by source 

category for the two ozone 

nonattainment areas. To develop the 

VOC and NOX emission inventories, 

IEPA used the procedures summarized 

below. 

The primary source of emissions data 

for point sources was the sourcereported 2011 Annual Emission Reports 

(AERs) (emission statements). Under 

Illinois state law covering emission 

statement requirements at 35 Illinois 

Administrative Code part 254, major 

sources are required to report emissions 

annually to the state. The emissions 

reported to the state for 2011 were the 

primary source of facility-emissions, 

which were further divided into source 

category-specific emission totals by 

county/township. 

Area source emissions were generally 

calculated by multiplying source 

category-specific emission factors by 

2011 source activity levels (population, 

employment levels, etc.) for each county 

or township. In some cases, 2011 area 

source category emissions were 

projected from 2010 emissions using 

estimated source category-specific 

growth rates. 

On-road mobile source emissions 

were estimated using EPA’s Motor 

Vehicle Emission Simulator model and 

vehicle activity levels provided by the 

state Department of Transportation and 

local planning agencies. 

Off-road emissions were estimated 

using the National Mobile Inventory 

Model (NMIM). These emission 

estimates were supplemented with 

emission estimates for aircraft, 

locomotives, and commercial marine 

vessels provided through contractor 

studies since NMIM does not cover 

these source types. 

III. EPA’s Evaluation 

EPA has reviewed Illinois’ September 

3, 2014, requested SIP revision for 

consistency with CAA and EPA 

emission inventory requirements. In 

particular, EPA has reviewed the 

techniques used by IEPA to derive and 

quality assure the emission estimates. 

EPA has also evaluated whether Illinois 

provided the public with the 

opportunity to review and comment on 

the development of the emission 

estimates and whether IEPA addressed 

public comments. 

A. Did the state adequately document 

the derivation of the emission 

estimates? 

IEPA documented the general 

procedures used to estimate the 

emissions for each of the four major 

source types and for some specific 

source types for the off-road emissions. 

The documentation of the emission 

estimation procedures was adequate for 

us to determine that Illinois followed 

acceptable procedures to estimate the 

emissions. 

B. Did the state quality assure the 

emission estimates? 

Illinois developed a quality assurance 

plan and followed this plan during 

various phases of the emissions 

estimation and documentation process 

to quality assure the emissions for 

completeness and accuracy. These 

quality assurance procedures are 

summarized in the documentation 

describing how the emissions totals 

were developed. We have determined 

that the quality assurance procedures 

followed by Illinois are adequate and 

acceptable and that Illinois has 

developed inventories of VOC and NOX

emissions that are comprehensive and 

complete. 

C. Did the state provide for public 

review of the requested SIP revision? 

IEPA notified the public of the 

opportunity for comment both in 

newspapers and on IEPA’s Web site. No 

comments were received on the 

emission inventories and no public 

hearing was requested. 

IV. Final Action 

We are approving the Illinois SIP 

revision submitted to address the 

emission inventory requirements for the 

Chicago and Metro-East St. Louis areas 

for the 2008 ozone NAAQS. The 

emission inventories we are approving 

into the SIP are specified in Tables 1 

and 2 above. We are approving the 

emission inventories because they 

contain comprehensive, accurate, and 

current inventories of actual emissions 

for all relevant sources in accordance 

with CAA sections 172(c)(3) and 

182(a)(1) and because Illinois adopted 

the emission inventories after providing 

for reasonable public notice and the 

opportunity for public hearings. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective May 6, 2016 without further 

notice unless we receive relevant 

adverse written comments by April 6, 

2016. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that, if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

May 6, 2016. 

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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Rules and Regulations 11673 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 6, 2016. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 22, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.726 is amended by 

adding paragraph (pp) to read as 

follows: 

§ 52.726 Control strategy: Ozone. 

* * * * * 

(pp) On September 3, 2014, Illinois 

submitted 2011 volatile organic 

compounds and oxides of nitrogen 

emission inventories for the Illinois 

portions of the Chicago-Naperville, 

Illinois-Indiana-Wisconsin and St. 

Louis, Missouri-Illinois nonattainment 

areas for the 2008 ozone national 

ambient air quality standard as a 

revision of the Illinois state 

implementation plan. The emission 

inventories are approved as a revision of 

the state’s implementation plan. 

[FR Doc. 2016–04879 Filed 3–4–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0860; FRL 9943–31– 

Region 5] 

Air Plan Approval; Wisconsin; Base 

Year Emission Inventories for the 2008 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the Wisconsin Department 

of Natural Resources (WDNR) on 

November 14, 2014, to address emission 

inventory requirements for the 

Sheboygan nonattainment area 

(Sheboygan area) and the Wisconsin 

portion (Kenosha area) of the ChicagoNaperville, Illinois-Indiana-Wisconsin 

(Chicago-Naperville, IL-IN-WI) 

nonattainment area under the 2008 

ozone National Ambient Air Quality 

Standard (NAAQS or standard). The 

Clean Air Act (CAA) requires emission 

inventories for all ozone nonattainment 

areas. The emission inventories 

contained in Wisconsin’s November 14, 

2014, submission meet this CAA 

requirement. 

DATES: This direct final rule is effective 

on May 6, 2016, unless the EPA receives 

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