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[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Proposed Rules]
[Pages 6743-6760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2991]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2009-0666; FRL-9629-3]

Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Illinois; Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a request from Illinois to 
redesignate the Illinois portion of the Chicago-Gary-Lake County, 
Illinois-Indiana (IL-IN) ozone nonattainment area (the Greater Chicago 
area) to attainment of the 1997 8-hour ozone National Ambient Air 
Quality Standard (NAAQS or standard) because the request meets the 
statutory requirements for redesignation under the Clean Air Act (CAA). 
The Illinois portion of the Greater Chicago area includes Cook, DuPage, 
Kane, Lake, McHenry, and Will Counties and portions of Grundy (Aux 
Sable and Goose Lake Townships) and Kendall (Oswego Township) Counties. 
The Illinois Environmental Protection Agency (IEPA) submitted this 
request on July 23, 2009, and supplemented its request in a submittal 
on September 16, 2011. EPA is proposing to approve, as a revision of 
the Illinois State Implementation Plan (SIP), the State's plan for 
maintaining the 1997 8-hour ozone standard through 2025 in the Illinois 
portion of the Greater Chicago area. EPA is proposing to approve 2002 
Volatile Organic Compound (VOC) and Nitrogen Oxides (NOX) 
emission inventories for the Illinois portion of the Greater Chicago 
area as a revision of the Illinois SIP because the emission inventories 
meet the requirements of section 182(a) of the CAA. Finally, EPA 
proposes to approve the State's 2008 and 2025 VOC and NOX 
Motor Vehicle Emission Budgets (MVEBs) for the Illinois portion of the 
Greater Chicago area.

DATES: Comments must be received on or before March 12, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0666, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: aburano.douglas@epa.gov.
     Fax: (312) 408-2279.
     Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: Douglas Aburano, Chief, Attainment Planning 
and Maintenance Section (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's 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-
2009-0666. 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 and 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 U.S. 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 Edward Doty at (312) 886-6057 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist, 
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, or 
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:

Table of Contents

I. What should I consider as I prepare my comments for EPA?
II. What actions is EPA proposing?
III. What is the background for these actions?
    A. General Background
    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 Ozone Implementation Rule?
    1. Summary of Court Decisions
    2. Requirements Under the 8-Hour Ozone Standard
    3. Requirements Under the 1-Hour Ozone Standard
IV. What are the criteria for redesignation?
V. What is EPA's analysis of the State's ozone redesignation 
request?
    A. Has the Greater Chicago area attained the 1997 8-hour ozone 
NAAQS?
    B. Has the State of Illinois met all applicable requirements of 
Section 110 and Part D of the CAA for the Illinois portion of the 
Greater Chicago area, and does the Illinois portion of the Greater 
Chicago area have a fully approved SIP under Section 110(k) of the 
CAA?
    1. The Illinois Portion of the Greater Chicago Area Has Met All 
Applicable Requirements of Section 110 and Part D of the CAA for 
Purposes of Redesignation
    2. The Illinois Portion of the Greater Chicago Area Has a Fully 
Approved SIP for Purposes of Redesignation Under Section 110 of the 
CAA

[[Page 6744]]

    3. The Illinois Portion of the Greater Chicago Area Has a Fully 
Approved SIP and Meets Anti-Backsliding Requirements Under the 1-
Hour Ozone Standard
    C. Are the air quality improvements in the Greater Chicago area 
due to permanent and enforceable emission reductions?
    1. Permanent and Enforceable Controls Implemented
    2. Emission Reductions
    D. Does Illinois have a fully approvable ozone maintenance plan?
    1. Maintenance Plan Requirements
    2. Attainment Inventory
    3. Has the State documented maintenance of the ozone standard in 
the Illinois portion of the Greater Chicago area?
    4. What is the contingency plan for the Illinois portion of the 
Greater Chicago area?
    5. Monitoring Network and Verification of Continued Attainment
VI. Has the State adopted approvable motor vehicle emission budgets?
VII. 2002 Emissions Inventories
VIII. 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 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 in the proposed rule.

II. What actions is EPA proposing?

    EPA is proposing to take several related actions. First, EPA is 
proposing to approve the redesignation of the Illinois portion of the 
Greater Chicago area from nonattainment to attainment of the 1997 8-
hour ozone NAAQS. EPA is also proposing to approve Illinois' ozone 
maintenance plan for the Illinois portion of the Greater Chicago area 
as a revision of the Illinois SIP (such approval being one of the CAA 
criteria for redesignation to attainment). The ozone maintenance plan 
demonstrates that the Greater Chicago area should remain in attainment 
of the 1997 8-hour ozone standard through 2025, and specifies the 
measures that will be taken in the Illinois portion of the Greater 
Chicago area to assure maintenance of the 1997 8-hour ozone standard in 
the Greater Chicago area.
    EPA is proposing to approve 2002 VOC and NOX emission 
inventories for the Illinois portion of the Greater Chicago area as a 
revision of the Illinois SIP. These emission inventories satisfy the 
requirements in section 182(a)(1) of the CAA for comprehensive, 
accurate, and current emission inventories.
    Finally, EPA is proposing to approve VOC and NOX 2008 
and 2025 MVEBs for the Illinois portion of the Greater Chicago area.

III. What is the background for these actions?

A. General Background

    EPA has determined that ground-level ozone (O3) is 
detrimental to human health. On July 18, 1997 (62 FR 38856), EPA 
promulgated an 8-hour ozone NAAQS of 0.08 parts per million parts of 
air (0.08 ppm) (the 1997 8-hour ozone standard). This standard is 
violated in an area when any monitor in the area records 8-hour ozone 
concentrations with a 3-year average of the annual fourth-highest daily 
maximum 8-hour ozone concentrations equaling or exceeding 0.085 ppm.
    Ground-level ozone is generally not emitted directly by sources. 
Rather, emitted NOX and VOC react in the presence of 
sunlight to form ground-level ozone, as a secondary pollutant, along 
with other secondary compounds. NOX and VOC are ``ozone 
precursors.'' Reduction of peak ground-level ozone concentrations is 
achieved through controlling VOC and NOX emissions.
    Section 107 of the CAA required EPA to designate as nonattainment 
any area that violated the 1997 8-hour ozone standard. EPA promulgated 
8-hour ozone designations and classifications on April 30, 2004 (69 FR 
23857). The Greater Chicago area was designated and classified as a 
moderate nonattainment area for the 1997 8-hour ozone standard. The 
designation and classification became effective on June 15, 2004.
    The CAA contains two sets of provisions, subparts 1 and 2, that 
address planning and emission control requirements for ozone 
nonattainment areas. Both of these subparts are found in title I, part 
D of the CAA; sections 171-179 and sections 181-185, respectively. 
Subpart 1 contains general, less prescriptive requirements for all 
nonattainment areas of any pollutant, including ozone, governed by a 
NAAQS. Subpart 2 contains additional, more specific requirements for 
certain ozone nonattainment areas, and applies to ozone nonattainment 
areas classified under section 181 of the CAA.
    Under EPA's implementation rule for the 1997 8-hour ozone standard 
(69 FR 23951, April 30, 2004), an area was classified under subpart 2 
based on its 8-hour ozone design value (i.e., the 3-year average annual 
fourth-highest daily maximum 8-hour average ozone concentration at the 
worst-case monitoring site in the area or in its immediate downwind 
environs), if it had a 1-hour ozone design value \1\ at the time of 
designation at or above 0.121 ppm. All other areas were covered under 
subpart 1 based on their 8-hour ozone design values \2\ (69 FR 23958). 
The Greater Chicago area was designated as a subpart 2 moderate ozone 
nonattainment area by EPA on April 30, 2004 (69 FR 23898), based on air 
quality monitoring data from 2001-2003 (69 FR 23898).
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    \1\ Fourth-highest daily maximum 1-hour ozone concentration over 
a 3-year period at the worst-case monitoring site in the area.
    \2\ Three-year averages of the annual fourth-highest daily 
maximum 8-hour ozone concentrations at the worst-case monitoring 
sites in the areas.
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    40 CFR 50.10 and 40 CFR part 50, appendix I provide that the 8-hour 
ozone standard is attained when the 3-year averages of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations at all 
monitoring sites in the area are less than or equal to 0.08 ppm. The 
ozone data must be complete over the 3-year period, meeting the data 
completeness requirements of 40 CFR part 50, appendix I, section 
2.3(d).
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour 
ozone standard of 0.075 ppm (the 2008 8-hour ozone standard). EPA has 
not yet promulgated area designations for this standard. The actions 
addressed in this proposed rule relate only to the 1997 8-hour ozone 
standard.
    On July 23, 2009, IEPA requested that EPA redesignate the Illinois 
portion of the Greater Chicago area to attainment for the 1997 8-hour 
ozone standard based on ozone data for the period of 2006-2008. On 
September 16, 2011, IEPA supplemented the original redesignation 
request, submitting ozone data for the period of 2008-2010, revising 
the mobile source emission estimates using EPA's new on-road

[[Page 6745]]

mobile source emissions model, MOVES, and extending the demonstration 
of maintenance through 2025, with new MVEBs.

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 Ozone 
Implementation Rule?

1. Summary of Court Decisions
    On December 22, 2006, the U.S. Court of Appeals for the District of 
Columbia Circuit (D.C. Circuit) vacated EPA's Phase 1 implementation 
rule for the 1997 8-hour ozone standard (69 FR 23591, April 30, 2004). 
South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. 
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 for 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; 8-hour ozone 
attainment dates for these areas; and, the timing of emission 
reductions needed for attainment of the 8-hour ozone NAAQS in these 
areas. The June 8, 2007, decision also left intact the Court's 
rejection of EPA's reasons for implementing the 8-hour ozone standard 
in certain nonattainment areas under subpart 1 in lieu of subpart 2 of 
the CAA. By limiting the vacatur, the Court let stand EPA's revocation 
of the 1-hour ozone 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 failed to retain four measures required for 1-
hour ozone nonattainment areas under the anti-backsliding provisions of 
the regulations: (1) Part D 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 ozone 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 ozone 
NAAQS, or for failure to attain the NAAQS; and, (4) certain 
transportation conformity requirements for 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 MVEBs 
until 8-hour MVEBs are available for the 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 III.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, and do not 
prevent EPA from proposing and ultimately finalizing this 
redesignation. EPA believes that the Court's 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 Ozone Standard
    With respect to the 1997 8-hour ozone standard, the Greater Chicago 
area is classified as moderate nonattainment under subpart 2, part D of 
the CAA. The June 8, 2007, decision 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, and all 8-hour ozone requirements for 
these areas remain in place.
3. Requirements Under the 1-Hour Ozone Standard
    In its June 8, 2007, decision, the Court limited its Phase 1 rule 
vacatur so as to uphold provisions of EPA's anti-backsliding 
requirements that were not successfully challenged. Therefore, an area 
must meet the anti-backsliding requirements which apply by virtue of 
the area's classification for the 1-hour ozone standard. See 40 CFR 
51.900, et seq.; 70 FR 30592, 30604 (May 26, 2005). As set forth in 
more detail below, the area must address four anti-backsliding 
provisions identified by the Court in its decisions.
    The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone standard requirements that continue to apply after 
revocation of the 1-hour ozone standard for former 1-hour ozone 
nonattainment areas. Section 51.905(a)(1)(i) provides that:

    The area remains subject to the obligation to adopt and 
implement the applicable requirements as defined in section 
51.900(f), except as provided in paragraph (a)(1)(iii) of this 
section, and except as provided in paragraph (b) of this section.

Section 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005), 
provides that:

    Applicable requirements means for an area that the following 
requirements, to the extent such requirements applied to the area 
for the area's classification under section 181(a)(1) of the CAA for 
the 1-hour NAAQS at the time of designation for the 8-hour NAAQS, 
remain in effect:
    (1) Reasonably available control technology (RACT).
    (2) Inspection and maintenance programs (I/M).
    (3) Major source applicability cut-offs for purposes of RACT.
    (4) Rate of Progress (ROP) reductions.
    (5) Stage II vapor recovery.
    (6) Clean fuels fleet program under section 183(c)(4) of the 
CAA.
    (7) Clean fuels for boilers under section 182(e)(3) of the CAA.
    (8) Transportation Control Measures (TCMs) during heavy traffic 
hours as provided under section 182(e)(4) of the CAA. [Not a 
requirement for the Illinois portion of the Greater Chicago area.]
    (9) Enhanced (ambient) monitoring under section 182(c)(1) of the 
CAA.
    (10) TCMs under section 182(c)(5) of the CAA.
    (11) Vehicle miles traveled (VMT) provisions of section 
182(d)(1) of the CAA.
    (12) NOX requirements under section 182(f) of the 
CAA.
    (13) Attainment demonstration or alternative as provided under 
section 51.905(a)(1)(ii).

Pursuant to 40 CFR 51.905(c), the Illinois portion of the Greater 
Chicago area is subject to the obligations set forth in 51.905(a) and 
51.900(f).
    With regard to part D NSR requirements, EPA has determined that an 
area being redesignated to attainment need not have an approved 
nonattainment NSR program, provided that the state demonstrates 
maintenance of the standard in the area without part D NSR in effect. 
The rationale for this view is described in a memorandum from Mary 
Nichols, Assistant Administrator for Air and Radiation dated October 
14, 1994, titled, ``Part D New Source Requirements for Areas Requesting 
Redesignation to Attainment.'' This policy assumes that the state's 
Prevention of Significant Deterioration (PSD) program will become 
effective in the area upon redesignation of the area to attainment. 
Consequently, EPA concludes that an approved part D NSR program is not 
an applicable requirement for purposes of redesignation. See the more 
detailed explanations of this issue in the following rulemakings: 
Detroit, Michigan (60 FR 12467-12468 (March 7, 1995); Cleveland-Akron-
Lorain, Ohio

[[Page 6746]]

(61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 
53665, 53669, October 23, 2001); Grand Rapids, Michigan (61 FR 31831, 
31836-31837, June 21, 1996).
    The conformity portion of the Court's ruling does not impact the 
redesignation request for the Illinois portion of the Greater Chicago 
area except to the extent that the Court, in its June 8, 2007, decision 
clarified that, for those areas with MVEBs for the 1-hour ozone 
standard, anti-backsliding requires that these MVEBs must be used for 
8-hour conformity determinations until replaced by MVEBs for the 8-hour 
ozone standard. To meet this requirement, conformity determinations in 
such areas must comply with the applicable requirements of EPA's 
conformity regulations at 40 CFR part 93. Note below that EPA is 
proposing to find adequate and approve 8-hour MVEBs established by 
Illinois' 8-hour ozone maintenance plan for the Illinois portion of the 
Greater Chicago area.
    Severe ozone nonattainment areas must meet the CAA requirement for 
section 185 source penalty fees. Since the Greater Chicago area was 
classified as severe nonattainment under the 1-hour ozone standard, the 
Illinois portion of the Greater Chicago area and the Illinois SIP for 
this area are subject to this CAA requirement. It should be noted, 
however, that on December 30, 2008 (73 FR 79652), EPA published a final 
rule making a determination that the Greater Chicago area had attained 
the 1-hour ozone standard and confirming that this finding of 
attainment relieved Illinois (and Indiana) of the obligation to adopt 
section 185 source penalty fee regulations for this area.
    Finally, with regard to the contingency measure requirements under 
sections 172(c)(9) and 182(c)9) of the CAA, it is noted that these 
requirements must be addressed in state ozone Reasonable Further 
Progress (RFP) and attainment demonstration plans. Illinois addressed 
these requirements in the 1-hour ozone RFP and attainment demonstration 
plans for the Illinois portion of the Greater Chicago area by adopting 
and implementing extra VOC and NOX emission controls that go 
beyond the emission reductions needed for RFP and attainment of the 1-
hour ozone standard. EPA approved these ozone control plans, including 
their contingency elements: VOC-15 percent RFP plan (December 18, 1997, 
62 FR 66279); post-1996 RFP plan (December 18, 2000, 65 FR 78961); and, 
1-hour ozone attainment demonstration and post-1999 RFP plan (November 
13, 2001, 66 FR 56904). Therefore, Illinois has met the contingency 
requirements of sections 172(c)(9) and 182(c)(9) of the CAA for the 1-
hour ozone standard. As noted later in this proposed rule, Illinois has 
committed to retain and to implement all VOC and NOX 
emission control measures under the 1-hour ozone RFP and attainment 
plans for the Illinois portion of the Greater Chicago area.

IV. What are the criteria for redesignation?

    The CAA provides the basic requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of 
the CAA authorizes redesignation provided that: (1) The Administrator 
determines that the area has attained the applicable NAAQS based on 
current air quality data; (2) the Administrator has fully approved an 
applicable state implementation plan for the area under section 110(k) 
of the CAA; (3) the Administrator determines that the improvement in 
air quality is due to permanent and enforceable emission reductions 
resulting from implementation of the applicable SIP, Federal air 
pollution control regulations, and other permanent and enforceable 
emission reductions; (4) the Administrator has fully approved a 
maintenance plan for the area meeting the requirements of section 175A 
of the CAA; and, (5) the state has met all requirements applicable to 
the area under section 110 and part D of the CAA.
    EPA provided guidance on redesignations 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).
    Two significant policy documents affecting the review of ozone 
redesignation requests are the following: (1) ``Procedures for 
Processing Requests To Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992 (the September 4, 1992 Calcagni memorandum); and, (2) 
``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 
(the May 10, 1995 Clean Data Policy memorandum). Additional guidance on 
processing redesignation requests is included in the following 
documents:
     ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, 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;
     ``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 (TSDs) for Redesignation of 
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, November 30, 1993; 
and,
     ``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.

V. What is EPA's analysis of the State's ozone redesignation request?

    EPA is proposing to approve Illinois' ozone redesignation request 
for the Illinois portion of the Greater Chicago area with a 
determination that the Greater Chicago area has attained the 1997 8-
hour ozone standard based on current ozone monitoring data for 2008-
2010 and that the State of Illinois and the Illinois portion of this 
area have met all other applicable redesignation criteria for the 1997 
8-hour ozone standard under section 107(d)(3)(E) of the CAA. The basis 
for EPA's proposed approval of the redesignation request is discussed 
in more detail as follows.

[[Page 6747]]

A. Has the Greater Chicago area attained the 1997 8-hour ozone NAAQS?

    An area may be considered to be attaining the 1997 8-hour ozone 
NAAQS if there are no violations of the NAAQS, as determined in 
accordance with 40 CFR 50.10 and appendix I, based on the most recent 3 
consecutive years of complete, quality-assured air quality monitoring 
data at all ozone monitoring sites in the area and in its nearby 
downwind environs. To attain this standard, the average of the annual 
fourth-high daily maximum 8-hour average ozone concentrations measured 
and recorded at each monitoring site over the most recent 3-year period 
(the monitoring site's ozone design value) must not exceed 0.084 ppm. 
The data must be collected and quality-assured in accordance with 40 
CFR part 58, and must be recorded in EPA's Air Quality System (AQS).
    As part of the July 23, 2009, ozone redesignation request, IEPA 
summarized the annual fourth-high daily maximum 8-hour ozone 
concentrations and the 3-year 8-hour ozone design values for the period 
of 2006-2008 for all ozone monitoring sites in the Greater Chicago 
area. This ozone data summary also includes ozone concentration data 
for the Chiwaukee Prairie monitoring site in Wisconsin, an ozone peak 
downwind impact site for ozone precursor emissions originating in the 
Greater Chicago area. The September 16, 2011, updated ozone 
redesignation request from Illinois also summarized the annual fourth-
high ozone data for all monitoring sites for the period of 2006-2008.
    Table 1 summarizes the monitoring site-specific annual fourth-high 
daily maximum 8-hour ozone concentrations and 3-year ozone design 
values for all monitoring sites covered in Illinois' ozone 
redesignation request for the period of 2006-2010. Note that we have 
included 2009 and 2010 ozone monitoring data in this summary. These 
additional data were obtained from EPA's AQS. Since Illinois' July 23, 
2009, submittal of the ozone redisignation request, 2009 and 2010 ozone 
monitoring data have been quality assured and submitted to EPA's AQS.

                  Table 1--Annual Fourth-High Daily Maximum 8-Hour Ozone Concentrations in Parts per Million (ppm) and 3-Year Averages
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      3-Year     3-Year
              State/County                    Monitoring site (AQS Site ID)         2006      2007      2008      2009      2010     average    average
                                                                                                                                    2006-2008  2008-2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois:
    Cook...............................  Alsip (170310001)......................     0.078     0.085     0.066     0.069     0.073      0.076       0.69
    Cook...............................  Chicago--SWFP (170310032)..............     0.075     0.082     0.067     0.065     0.074      0.074      0.069
    Cook...............................  Chicago--University of Chicago              0.070     0.079     0.063     0.060     0.071      0.070      0.065
                                          (170310064).
    Cook...............................  Chicago--Jardine (170310072)...........     0.065     0.075     0.063     0.062     0.071      0.067      0.065
    Cook...............................  Chicago--Commonwealth Edison                0.075     0.080     0.066     0.067     0.068      0.073      0.067
                                          (170310076).
    Cook...............................  Chicago--Taft (170311003)..............     0.077     0.079     0.064     0.064     0.070      0.073      0.066
    Cook...............................  Lemont (170311601).....................     0.070     0.085     0.071     0.067     0.073      0.075      0.070
    Cook...............................  Cicero (170314002).....................     0.060     0.068     0.060     0.067     0.068      0.062      0.065
    Cook...............................  Des Plaines (170314007)................     0.065     0.078     0.057     0.050     0.064      0.066      0.057
    Cook...............................  Northbrook (170314201).................     0.068     0.076     0.065     0.069     0.072      0.069      0.069
    Cook...............................  Evanston (170317002)...................     0.072     0.080     0.058     0.064     0.067      0.070      0.063
    DuPage.............................  Lisle (170436001)......................     0.062     0.072     0.057     0.059     0.064      0.063      0.060
    Kane...............................  Elgin (170890005)......................     0.062     0.075     0.061     0.068     0.069      0.066      0.066
    Lake...............................  Waukegan (170971002)...................     0.071     0.081     0.063     0.057     0.074      0.071      0.065
    Lake...............................  Zion (170971007).......................     0.068     0.080     0.069     0.075     0.078      0.072      0.074
    McHenry............................  Cary (171110001).......................     0.057     0.074     0.065     0.066     0.065      0.065      0.065
    Will...............................  Braidwood (171971011)..................     0.068     0.071     0.060     0.063     0.065      0.066      0.063
Indiana:
    Lake...............................  Gary (180890022).......................     0.073     0.085     0.062     0.058     0.064      0.073      0.061
    Lake...............................  Whiting (180890030)....................     0.081     0.088     0.062     0.062     0.069      0.077      0.064
    Lake...............................  Hammond (180892008)....................     0.075     0.077     0.068     0.065     0.069      0.073      0.067
    Porter.............................  Valparaiso (181270026).................     0.071     0.080     0.061     0.064     0.061      0.070      0.062
Wisconsin:
    Kenosha............................  Chiwaukee Prairie (550590019)..........     0.079     0.085     0.072     0.071     0.081      0.078      0.075
--------------------------------------------------------------------------------------------------------------------------------------------------------

    IEPA notes that the 2006-2008 ozone design values for all 
monitoring sites are below the 0.084 ppm attainment level. We also note 
that the 2008-2010 ozone design values for all monitoring sites are 
below the 0.084 ppm attainment level. Therefore, the ozone monitoring 
data for the Greater Chicago area and for Chiwaukee Prairie in 
Wisconsin show attainment of the 1997 8-hour ozone standard.
    IEPA commits to continue ozone monitoring at the Illinois 
monitoring sites in accordance with EPA-approved monitoring plans, as 
required to confirm maintenance of the 1997 8-hour ozone standard. 
Should changes in the ozone monitoring system become necessary, IEPA 
commits to work with the EPA to assure the continued adequacy of the 
ozone monitoring network in the Illinois portion of the Greater Chicago 
area.
    Based on the available ozone monitoring data, we conclude that the 
Greater Chicago area has attained the 1997 8-hour ozone standard, and 
has continued to attain this ozone standard through the most recent 
three years of quality-assured ozone monitoring data.

B. Has State of Illinois met all applicable requirements of Section 110 
and Part D of the CAA for the Illinois portion of the Greater Chicago 
area, and does the Illinois portion of the Greater Chicago area have a 
fully approved SIP under Section 110(k) of the CAA?

    In April 2004, the Greater Chicago area was designated as a 
moderate nonattainment area with a June 15, 2010, attainment deadline 
for the 1997 8-hour ozone standard. Prior to this, the Greater Chicago 
area had been designated as a severe nonattainment area with a November 
15, 2007,

[[Page 6748]]

attainment deadline for the 1-hour ozone standard. As a result of these 
nonattainment designations, the State of Illinois was required to 
submit SIP revisions that meet certain ozone planning and emission 
control requirements of the CAA.
    The September 4, 1992, Calcagni memorandum confirms that a state 
with an area seeking redesignation to attainment has to fully adopt 
rules and meet SIP requirements that come due prior to the submittal of 
a complete redesignation request. See also 60 FR 12459, 12465-66 (March 
7, 1995) (redesignation of Detroit-Ann Arbor, Michigan); 68 FR 25424, 
25427 (May 12, 2003) (redesignation of St. Louis); Sierra Club v. EPA, 
375 F.3d 537 (7th Cir. 2004); and, 70 FR 19895, 19900 (April 15, 2005) 
(redesignation of Cincinnati). Furthermore, requirements of the CAA 
that come due subsequent to the state's submittal of a complete 
redesignation request would continue to be applicable to the area until 
redesignation to attainment is approved, but are not required as a 
prerequisite for redesignation (see section 175A(c) of the CAA). If the 
redesignation is disapproved or is not completed due to a subsequent 
violation of the ozone standard in the area prior to final approval of 
the state's ozone redeignation request, the state remains obligated to 
fulfill these CAA requirements.
    We are proposing to determine that the State of Illinois and the 
Illinois portion of the Greater Chicago area have met all currently 
applicable SIP requirements for purposes of redesignation of the 
Illinois portion of the Greater Chicago area to attainment of the 1997 
8-hour ozone standard under section 110 and part D of the CAA. We have 
determined that the Illinois SIP, with the exception of the 2002 base 
year VOC and NOX emission inventories and certain VOC RACT 
rules: (1) Meets all SIP requirements currently applicable for purposes 
of redesignation under part D of title I of the CAA, in accordance with 
section 107(d)(3)(E)(v) of the CAA; and, (2) is fully approved with 
respect to all applicable requirements for purposes of redesignation to 
attainment of the 1997 8-hour ozone standard, in accordance with 
section 107(d)(3)(E)(ii) of the CAA.
    As discussed below in section VII, EPA is proposing to approve 
Illinois' 2002 base year VOC and NOX emission inventories as 
meeting the SIP emission inventory requirement of section 182(a)(1) of 
the CAA. If EPA approves the emission inventories in a final rule, 
Illinois will have met the ozone precursor emission inventory 
requirements of the CAA.
    In the September 16, 2011, submittal the IEPA submitted VOC 
emission control regulations and other rule revisions needed to meet 
the VOC RACT requirements of the CAA.\3\ On November 30, 2011, EPA 
proposed to approve all of these regulations and rule revisions as 
revisions of the Illinois SIP. If these VOC emission control 
regulations and revised rules are approved through a final rulemaking 
and are incorporated into the Illinois SIP, Illinois will have met the 
CAA requirements for VOC RACT.
---------------------------------------------------------------------------

    \3\ Required VOC RACT rule revisions were also submitted by the 
IEPA on July 29, 2010 and September 29, 2011.
---------------------------------------------------------------------------

    Recognizing that the base year VOC and NOX emission 
inventories and VOC RACT rules must be approved on or before we 
complete final rulemaking approving Illinois' ozone redesignation 
request, we determine here that, assuming that these approvals occur, 
Illinois will have met all applicable section 110 and part D SIP 
requirements of the CAA for purposes of approval of Illinois' ozone 
redesignation request for the Illinois portion of the Greater Chicago 
area. In making this determination, we have ascertained what SIP 
requirements are applicable to the Illinois portion of the Greater 
Chicago area for purposes of redesignation.
1. The Illinois Portion of the Greater Chicago Area Has Met All 
Applicable Requirements of Section 110 and Part D of the CAA for 
Purposes of Redesignation
a. Section 110: General Requirements for Implementation Plans
    Section 110(a) of the CAA contains the general requirements for a 
SIP. Section 110(a)(2) provides that the SIP implemented by a state 
must have been adopted by the state after reasonable public notice and 
hearing, and that, among other things, it must: (1) Include enforceable 
emission limitations and other control measures, means or techniques 
necessary to meet the requirements of the CAA; (2) provide for 
establishment and operation of appropriate devices, methods, systems 
and procedures necessary to monitor ambient air quality; (3) provide 
for implementation of a source permit program to regulate the 
modification and construction of stationary sources within the areas 
covered by the plan; (4) include provisions for the implementation of 
part C PSD and part D NSR permit programs; (5) include criteria for 
stationary source emission control measures, monitoring, and reporting; 
(6) include provisions for air quality modeling; and, (7) provide for 
public and local agency participation in planning and emission control 
rule development.
    Section 110(a)(2)(D) of the CAA requires SIPs to 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 
certain air pollutants, e.g., NOX SIP call.\4\ However, the 
section 110(a)(2)(D) SIP requirements are not linked with a particular 
area's designation and classification. EPA concludes that the SIP 
requirements linked with an area's designation and classification are 
the relevant measures to evaluate when reviewing a redesignation 
request for the area. The section 110(a)(2)(D) requirements, where 
applicable, continue to apply to a state regardless of the designation 
of any one particular area within the state. Thus, we believe these 
requirements are not applicable requirements for purposes or 
redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399 (October 
19, 2001), 68 FR 25418, 25426-27 (May 13, 2003).
---------------------------------------------------------------------------

    \4\ On 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 and turbines, and major cement 
kilns. EPA approved Illinois' rules as fulfilling the requirements 
of the NOX SIP call on November 8, 2001, at 66 FR 56449 
and 66 FR 56454.
---------------------------------------------------------------------------

    Further, we believe that section 110(a)(2) elements, other than 
those described above that are not connected with nonattainment plan 
submissions and that are not linked with an area's attainment status 
are also not applicable requirements for purposes of redesignation. A 
state remains subject to these requirements regardless of an area's 
designation and after the area is redesignated to attainment. We 
conclude that only the section 110 and part D requirements that are 
linked with an area's designation and classification are the relevant 
measures for evaluating this aspect of a redesignation request. This 
approach is consistent with EPA's policy on applicability of conformity 
and oxygenated fuel 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 and 62 FR 24826, May

[[Page 6749]]

7, 1997); Cleveland-Akron-Loraine, 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 ozone redesignation (65 FR 37890, June 19, 2000), and 
the Pittsburgh, Pennsylvania ozone redesignation (66 FR 50399, October 
19, 2001).
    We have reviewed the Illinois SIP and conclude 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 52.720 and 40 CFR 52.722). 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 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 
Illinois portion of the Greater Chicago area. Therefore, EPA concludes 
that these infrastructure elements are not applicable requirements for 
purposes of review of the State's 8-hour ozone redesignation request.
b. Part D Requirements
    EPA has determined that, if EPA finalizes the approval of the 2002 
base year VOC and NOX emission inventories and the Illinois 
VOC RACT rules, 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 Greater Chicago area. Subpart 1 
of part D, found in sections 172-176 of the CAA, sets forth the basic 
nonattainment area requirements applicable to all nonattainment areas. 
Subpart 2 of part D, which includes section 182 of the CAA, establishes 
additional, specific requirements for ozone nonattainment areas 
depending on an area's ozone nonattainment classification.
    As noted above, the Greater Chicago area was classified as moderate 
nonattainment for the 1997 8-hour ozone standard under subpart 2 of 
part D of the CAA. Therefore, Illinois must meet the requirements of 
subpart 1 and subpart 2 of part D of the CAA applicable for purposes of 
redesignation. The applicable subpart 1 requirements are contained in 
sections 172(c)(1)-(9) and 176 of the CAA. The applicable subpart 2 
requirements are contained in sections 182(a)-(b) (moderate 
nonattainment area requirements) of the CAA.

Subpart 1 Section 172 Requirements

    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 state plans for all nonattainment 
areas to provide for the implementation of Reasonably Available Control 
Measures (RACM), including RACT at a minimum, as expeditiously as 
practicable. EPA interprets this requirement to impose a duty on all 
states with nonattainment areas to consider all available control 
measures and to adopt and implement such measures as are reasonably 
available for implementation in the areas as components of the areas' 
attainment demonstrations (the attainment demonstrations must address 
RACM). Because attainment of the 1997 8-hour ozone standard has been 
reached in the Greater Chicago area, no additional RACM measures, 
beyond RACT, are needed to provide for attainment, and section 
172(c)(1) requirements (other than RACT) are no longer considered to be 
applicable as a prerequisite for approval of Illinois' redesignation 
request, provided the Greater Chicago area continues to attain the 
standard until redesignation of the Illinois portion of the area 
occurs. See 57 FR 13498, 13564 (April 16, 1991), 40 CFR 51.918.
    Section 172(c)(2) requires plans for all nonattainment areas to 
provide for RFP toward attainment of the NAAQS. This requirement is not 
relevant to the Greater Chicago area for purposes of redesignation 
because the Greater Chicago area has monitored attainment of the 1997 
8-hour ozone standard. General Preamble, 57 FR 13564. In addition, 
pursuant to EPA's determination of attainment of the 1997 8-hour ozone 
standard for the Greater Chicago area, the requirement for RFP under 
section 172(c)(2), as well as the section 172(c)(9) contingency measure 
requirement, is suspended pursuant to 40 CFR 51.918.
    Section 172(c)(3) requires submission and EPA 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) of the CAA. See the discussion of Illinois' emissions 
inventory for the Illinois portion of the Greater Chicago area below in 
section VII of this proposed rule.
    Section 172(c)(4) requires the identification and quantification of 
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 
in the nonattainment area. EPA approved the Illinois NSR program \5\ 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 \6\ will apply after redesignation, an area being 
redesignated to attainment need not comply with the requirement that a 
NSR program be approved prior to redesignation, provided that the state 
demonstrates maintenance of the NAAQS in the area without 
implementation of part D NSR. 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, titled ``Part D New 
Source Review Requirements for Areas Requesting Redesignation to 
Attainment.'' Illinois has demonstrated that the Greater Chicago area 
will be able to maintain the 1997 8-hour ozone standard without the 
continued implementation of the State's part D NSR program. Therefore, 
EPA concludes that the State need not have a fully approved part D NSR 
program as an applicable requirement for approval of the State's ozone 
redesignation request. The State's PSD program will become effective in 
the Chicago area upon redesignation to attainment of the 1997 8-hour 
ozone standard. See redesignation 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).
---------------------------------------------------------------------------

    \5\ The NSR program controls the growth and permitting of major 
source emissions in ozone nonattainment areas.
    \6\ PSD requirements control the growth of new source emissions 
in areas designated as attainment for a NAAQS.
---------------------------------------------------------------------------

    Section 172(c)(6) requires the SIP to contain emission control 
measures necessary to provide for attainment of the standard. Because 
attainment has been reached in the Greater Chicago area, no additional 
emission control measures are needed to provide for attainment of the 
standard.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, in

[[Page 6750]]

section V.B.1.a, we conclude the Illinois SIP meets the requirements of 
section 110(a)(2) applicable for purposes of redesignation.

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 
of the 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 SIP 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 conformity 
provisions of the CAA continues to apply to areas after redesignation 
to attainment since such areas would be subject to section 175A 
maintenance plans. 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 believes 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 
(December 7, 1995) (Tampa, Florida).
    EPA approved Illinois' 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 motor vehicle emission budgets for the Illinois 
portion of the Greater Chicago area of 117.23 tons VOC per ozone season 
weekday and 373.52 tons NOX per ozone season weekday for 
2008 and 48.13 tons VOC per ozone season weekday and 125.27 tons 
NOX per ozone season weekday for 2025, respectively. 
Illinois must use these MVEBs in any conformity determination that is 
effective on or after the effective date of the ozone maintenance plan 
approval.

Subpart 2 Section 182(a) and (b) Requirements

    As set forth in the September 4, 1992, and September 17, 1993, EPA 
guidance memoranda referenced in section IV of this action, only those 
requirements which came due prior to Illinois' July 23, 2009, submittal 
of the request for redesignation of the Illinois portion of the Greater 
Chicago area must be fully approved into the SIP by the time EPA 
approves the redesignation of the area to attainment. These 
requirements are discussed below.
    Comprehensive Emissions Inventory. Section 182(a)(1) requires the 
submission of a comprehensive, accurate, current emission inventory of 
ozone precursor emissions as a revision of the SIP. IEPA submitted 
inventories of 2002 VOC and NOX emissions for the Illinois 
portion of the Greater Chicago area on June 21, 2006, to meet the 
requirements of section 182(a)(1). On September 16, 2011, IEPA 
supplemented the 2002 emissions inventory with updated on-road mobile 
source emission estimates based on the use of EPA's MOVES model. As 
discussed below, EPA is proposing to approve the 2002 emission 
inventories as meeting the section 182(a)(1) emission inventory 
requirement.
    Emission Statements. Section 182(a)(3)(B) requires a State to adopt 
provisions in the SIP to require the owners or operators of stationary 
sources of VOC or NOX to provide the state with annual 
statements of actual emissions from the sources. EPA approved Illinois' 
emission statement SIP revisions on September 9, 1993 (58 FR 47379), 
and May 15, 2002 (67 FR 34614).
    Reasonable Further Progress and Attainment Demonstrations. On July 
2, 2007, IEPA submitted an attainment demonstration for the Greater 
Chicago area and an RFP plan for the Illinois portion of the Greater 
Chicago area as required by section 182(b)(1) of the CAA. Because 
attainment has been reached,\7\ section 182(b)(1) planning requirements 
are no longer considered to be applicable for purposes of redesignation 
as long as the area continues to attain the standard. If EPA finalizes 
approval of the redesignation of the Illinois portion of the Greater 
Chicago area, EPA will take no further action on the ozone attainment 
demonstration and RFP plan submitted by Illinois for this area.
---------------------------------------------------------------------------

    \7\ EPA proposed, on September 24, 2009 (74 FR 48703), to find 
that the Greater Chicago nonattainment area had attained the 1997 8-
hour ozone standard. EPA finalized this determination of attainment 
on March 12, 2010 (75 FR 12088).
---------------------------------------------------------------------------

    VOC RACT. Section 182(b)(2) requires states with moderate ozone 
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 document 
issued prior to November 15, 1990; and, (3) all other major non-CTG 
stationary sources.\8\
---------------------------------------------------------------------------

    \8\ In moderate ozone nonattainment areas, major stationary 
sources of VOC are those that have a potential emit 100 tons VOC per 
year or more.
---------------------------------------------------------------------------

    As required under the 1-hour ozone standard, Illinois submitted VOC 
RACT rules covering the second and third source categories above. 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).
    EPA issued CTGs for five source categories in September 2006, three 
source categories in September 2007, and five source categories in 
September 2008. States with ozone nonattainment areas classified as 
moderate and above were required to submit VOC RACT for the source 
categories covered by these CTGs within one year after the release of 
each CTG, by September 2007, September 2008, and September 2009, 
respectively.
    Illinois submitted a SIP revision to address all of the new 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 submittals is a prerequisite for approval 
of the redesignation of the Illinois portion of the Greater Chicago 
area to attainment of the 1997 8-hour ozone standard.
    NOX RACT. Section 182(f) of the CAA establishes NOX 
requirements for ozone nonattainment areas. Section 182(f)(1) generally 
requires major sources of NOX to be covered by the same 
levels of emission controls as required for major sources of VOC. Since 
moderate (or above) ozone nonattainment areas are required to be 
covered by RACT rules for major VOC sources, these ozone nonattainment 
areas are also required to have NOX RACT rules. Section 
182(f)(1) of the CAA, however, also provides that the requirement for 
such NOX emission

[[Page 6751]]

controls does not apply (can be waived) in an area if the Administrator 
determines that net air quality benefits are greater in the absence of 
the NOX emission reductions. The NOX emission 
control requirements can also be waived if the Administrator determines 
that additional reductions of NOX emissions would not 
contribute to attainment of the ozone NAAQS.
    In its July 29, 2010, submittal, IEPA requested a waiver from the 
NOX RACT requirements based on the fact that the 1997 8-hour 
ozone standard had been attained in the Greater Chicago area and 
additional NOX emission reductions in this area are not 
needed to attain the ozone standard. Based on a clean air determination 
for this area for the 1997 8-hour ozone standard, EPA granted Illinois 
a waiver from NOX RACT for this area on February 22, 2011 
(76 FR 9655).
    Stage II Vapor Recovery. Section 182(b)(3) of the CAA requires 
states with moderate nonattainment areas to submit Stage II vapor 
recovery rules (requiring the capture of gasoline vapor at service 
stations during vehicle refueling). EPA approved Illinois' Stage II 
vapor recovery regulations on January 12, 1993 (58 FR 3841). Illinois 
has implemented and continues to implement Stage II vapor recovery 
rules in the Illinois portion of the Greater Chicago area.
    Vehicle Inspection and Maintenance (I/M). Section 182(b)(4) of the 
CAA and EPA's final I/M regulations in 40 CFR part 85 require states 
with moderate (or above) ozone nonattainment areas to submit a fully 
adopted I/M programs as a revision of the SIP. EPA approved Illinois' 
enhanced I/M program on February 22, 1999 (64 FR 8517).
    Thus, as discussed above, with EPA approval of the 2002 base year 
emission inventories and Illinois' VOC RACT submittals, the Illinois 
portion of the Greater Chicago area will satisfy the requirements 
applicable for purposes of redesignation under section 110 and part D 
of the CAA.
2. The Illinois Portion of the Greater Chicago Area Has a Fully 
Approved SIP for Purposes of Redesignation Under Section 110 of the CAA
    If EPA issues a final approval of the 2002 base year emission 
inventories and the Illinois VOC RACT submittals, EPA will have fully 
approved the Illinois SIP for the Illinois portion of the Greater 
Chicago area under section 110(k) of the CAA for all requirements 
applicable for purposes of redesignation. EPA may rely on prior SIP 
approvals when rulemaking on 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 
25412, 25426 (May 12, 2003).
    Since the passage of the CAA of 1970, Illinois has adopted and 
submitted, and EPA has fully approved, SIP provisions addressing 
various required SIP elements under the 1-hour ozone standard. In this 
action, EPA is proposing to approve Illinois' 2002 base year emission 
inventories for the Illinois portion of the Greater Chicago area as 
meeting the requirement of section 182(a)(1) of the CAA. As noted 
above, in a separate rule, EPA is proposing action on the Illinois VOC 
RACT submittals.
    No SIP provisions for the Illinois portion of the Greater Chicago 
area are currently disapproved, conditionally approved, or partially 
approved.
3. The Illinois Portion of the Greater Chicago Area Has a Fully 
Approved SIP and Meets Anti-Backsliding Requirements Under the 1-Hour 
Ozone Standard
    The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone NAAQS requirements that continue to apply after the 
revocation of the 1-hour ozone NAAQS for former 1-hour ozone 
nonattainment areas. 40 CFR 51.905(a)(1) provides that:

    The area remains subject to the obligations to adopt and 
implement the applicable requirements defined in 40 CFR 51.900(f), 
except as provided in paragraph (a)(1)(iii) of this section and 
except as provided in paragraph (b) of this section.

40 CFR 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005), 
provides that:

    Applicable requirements means that for an area that the 
following requirements, to the extent such requirements applied to 
the area for the area's classification under section 181(a)(1) of 
the CAA for the one-hour NAAQS at the time of designation for the 
eight-hour NAAQS, remain in effect:
    (1) RACT.
    (2) I/M.
    (3) Major source applicability cut-offs for purposes of RACT.
    (4) ROP reductions.
    (5) Stage II vapor recovery.
    (6) Clean fuels fleet program under section 182(c)(4) of the 
CAA.
    (7) Clean fuels for boilers under section 182(e)(3) of the CAA.
    (8) TCMs during heavy traffic hours as provided under section 
182(e)(4) of the CAA.
    (9) Enhanced (ambient) monitoring under section 182(c)(1) of the 
CAA.
    (10) TCMs under section 182(c)(5) of the CAA.
    (11) VMT provisions of section 182(d)(1) of the CAA.
    (12) NOX requirements under section 182(f) of the 
CAA.
    (13) Attainment demonstration or alternative as provided under 
40 CFR 51.905(a)(1)(ii).

    In addition to applicable requirements listed under 40 CFR 
51.900(f) and as discussed above, the state must also comply with the 
1-hour anti-backsliding requirements discussed in the Court's decisions 
in South Coast Air Quality Management Dist. v. EPA: (1) NSR 
requirements based on the area's 1-hour ozone nonattainment 
classification; (2) section 185 source penalty fees; (3) contingency 
measures to be implemented pursuant to section 172(c)(9) or 182(c)(9) 
of the CAA for areas not making reasonable further progress toward 
attainment of the 1-hour ozone NAAQS, or for failure to attain the 1-
hour ozone NAAQS; and, (4) transportation conformity requirements for 
certain types of Federal actions.
    Pursuant to 40 CFR 51.905(c), the Illinois portion of the Greater 
Chicago area is subject to the obligations set forth in 40 CFR 
51.905(a) and 40 CFR 51.900(f). The following paragraphs address the 1-
hour ozone SIP requirements applicable to the Illinois portion of the 
Greater Chicago area pursuant to these anti-backsliding requirements 
and those discussed in the Court's decision in South Coast Air Quality 
Management Dist. v. EPA. Note that Illinois commits to continue to 
comply with these requirements unless revised through SIP revisions 
approved by EPA.
    Prior to the revocation of the 1-hour ozone standard on June 15, 
2005, the Greater Chicago area was classified as a severe nonattainment 
area for the 1-hour ozone standard with an attainment deadline of 
November 15, 2007, and, therefore, was subject to ozone SIP 
requirements for severe 1-hour ozone nonattainment areas (sections 
182(a) through 182(d) of the CAA). In reviewing Illinois' ozone 
redesignation request for the Illinois portion of the Greater Chicago 
area, we assessed whether the area satisfied the CAA requirements under 
the 1-hour ozone standard. We conclude that this area and the State of 
Illinois have satisfied all anti-backsliding CAA requirements 
applicable to a severe ozone nonattainment area by complying with all 
applicable 1-hour ozone SIP requirements. The following discusses how 
the applicable CAA requirements have been met in the Illinois portion 
of the Greater Chicago area.

[[Page 6752]]

40 CFR 51.900(f)(1) RACT

    Section 182(a)(2)(A) of the CAA requires RACT corrections. Section 
182(b)(2) requires RACT for each category of VOC sources covered by a 
CTG and for all other major sources of VOC within an ozone 
nonattainment area. Section 182(d) specifies requirements for severe 
ozone nonattainment areas, including a major source emissions cut-off 
of 25 tons per year. Section 182(f), as discussed above in section 
V.B.2, requires major sources of NOX in an ozone 
nonattainment area to be covered by emission control requirements 
equivalent to those required for major sources of VOC, unless EPA 
waives the NOX emission control requirements as provided in 
section 182(f). The section 182(f) NOX emission control 
requirements include NOX RACT in ozone nonattainment areas 
required to implement VOC RACT for 1-hour ozone nonattainment areas 
classified as moderate or above.
    Under the 1-hour ozone standard, EPA fully approved Illinois' VOC 
RACT regulations as SIP revisions for CTG sources and for major non-CTG 
sources through rulemakings on the following dates: February 21, 1980 
(45 FR 11472); November 21, 1987 (52 FR 45333); and, September 9, 1994 
(59 FR 46562). As noted elsewhere in this proposed rule, on September 
16, 2011, Illinois EPA submitted final, adopted VOC emission control 
regulations covering CTG-source categories not yet addressed and 
covered by the Illinois ozone SIP. As noted above, on July 29, 2010, 
Illinois submitted a NOX RACT waiver request for the 
Illinois portion of the Chicago area. On February 22, 2011, at 76 FR 
9655, we approved Illinois' NOX RACT waiver request for this 
area based on an ozone clean air determination. This suspended the 
NOX RACT requirement for the Illinois portion of the Greater 
Chicago area for as long the Greater Chicago area continues to attain 
the 1997 8-hour ozone standard, and becomes permanent for the 1997 8-
hour ozone standard if EPA approves the redesignation of the Illinois 
portion of the Greater Chicago area to attainment of this standard.
    As noted elsewhere in this proposed rule, we cannot approve 
Illinois' ozone redesignation request in a final rule until we can also 
approve all of Illinois' required VOC RACT rules through a final rule. 
With these new final rule approvals, we can conclude that Illinois has 
met all RACT requirements under the 1-hour ozone standard, as well as 
the 1997 8-hour ozone standard.

40 CFR 51.900(f)(2) Vehicle I/M

    Through rulemaking on February 22, 1999 (64 FR 8517), EPA fully 
approved Illinois' vehicle I/M program as meeting the enhanced I/M 
requirements of section 182(c)(3) of the CAA. Therefore, the Illinois 
portion of the Greater Chicago area meets the I/M requirements for 
severe 1-hour ozone nonattainment areas.

40 CFR 51.900(f)(3) Major Source Size Cutoff for RACT

    We have determined that Illinois' VOC RACT rules for CTG source 
categories already incorporated into Illinois' ozone SIP and the new 
CTG-based VOC RACT rules currently being reviewed by the EPA cover 
source size cut-offs that are well below CTG-recommended major source 
cut-offs for severe ozone nonattainment areas. In addition, Illinois' 
major non-CTG source RACT rule covers all sources with the potential to 
emit VOC at or in excess of 25 tons per year. Therefore, Illinois' RACT 
rules meet the major source size cut-off requirement of section 182(d) 
of the CAA.

40 CFR 51.900(f)(4) ROP

    Sections 182(b)(1)(A) and 182(c)(2)(B) of the CAA establish the ROP 
requirements for ozone nonattainment areas. EPA has fully approved 
Illinois' SIP revisions that demonstrate that Illinois achieved ROP in 
the Illinois portion of the Greater Chicago area. On December 18, 1997, 
at 62 FR 66279, EPA approved Illinois' plan to achieve a 15 percent 
reduction in VOC emissions in the Illinois portion of the Greater 
Chicago area, as required in section 182(b) of the CAA. On December 18, 
2000, at 65 FR 78961, EPA approved Illinois' plan to achieve ROP 
between 1996 and 1999 in this area, meeting the ROP requirements of 
section 182(c) of the CAA. Finally, on November 13, 2001, at 66 FR 
56904, EPA approved Illinois' plan to achieve ROP emission reductions 
for the period of 1999 through 2007. Therefore, Illinois has met all 1-
hour ozone ROP requirements for the Illinois portion of the Greater 
Chicago area.

40 CFR 51.900(f)(5) Stage II Gasoline Vapor Recovery

    On January 12, 1993 (58 FR 3841), EPA approved Illinois' Stage II 
gasoline vapor recovery rules for the Illinois portion of the Greater 
Chicago area as required by section 182(b)(3) of the CAA.

40 CFR 51.900(f)(6) Clean Fuel Fleet Program

    On March 19, 1996, at 61 FR 11139, EPA approved Illinois' clean 
fuel fleet program rules as required by section 182(c)(4) of the CAA. 
Therefore, the State of Illinois has met this CAA requirement under the 
1-hour ozone standard.

40 CFR 51.900(f)(7) Clean Fuels for Boilers

    Section 182(e)(3) of the CAA, which requires clean fuels for 
boilers, does not apply to the Greater Chicago area. This CAA 
requirement only applies to extreme ozone nonattainment areas.

40 CFR 51.900(f)(8) Traffic Control Measures During Heavy Traffic Hours

    This requirement applies to areas subject to section 182(e)(4) of 
the CAA, which covers extreme ozone nonattainment areas, and, 
therefore, does not apply to the Greater Chicago area.

40 CFR 51.900(f)(9) Enhanced Ambient Monitoring

    On February 25, 1994, EPA fully approved Illinois' SIP revision 
establishing an enhanced monitoring program for ozone in the Illinois 
portion of the Greater Chicago area. Therefore, Illinois has complied 
with the enhanced monitoring requirement of section 182(c)(1) of the 
CAA.

40 CFR 51.900(f)(10) Transportation Control Measures

    Within six months of November 15, 1990, and every three years 
thereafter, section 182(c)(5) of the CAA requires states to submit a 
demonstration that current aggregate vehicle mileage, aggregate vehicle 
emissions, congestion levels, and other relevant traffic-related and 
vehicle emissions-related factors (collectively ``relevant 
parameters'') are consistent with those used for the area's ozone 
attainment demonstration for serious and above 1-hour ozone 
nonattainment areas. If the levels of relevant parameters that are 
projected in the attainment demonstration are exceeded, a state has 18 
months to develop and submit a revision to the SIP to include TCMs to 
reduce mobile source emissions to levels consistent with the emission 
levels in the attainment demonstration.
    On December 26, 2000, Illinois submitted a SIP revision request 
consisting of an adopted emissions control strategy and a demonstration 
that the Greater Chicago area would attain the 1-hour ozone standard by 
November 15, 2007, the statutory attainment deadline for the area. EPA

[[Page 6753]]

approved this requested SIP revision on November 13, 2001 (66 FR 
56904). This SIP revision provided base period mobile source 
information for the Chicago area that can be compared to subsequent 
mobile source information needed to demonstrate compliance with section 
182(c)(5) of the CAA. Through revisions to State's emissions inventory 
data, submitted to EPA every three years, Illinois has updated the 
mobile source emissions, and related mobile source data, in the 
Illinois portion of the Greater Chicago area on a three-year cycle. 
These updated mobile source emissions can be compared to those 
documented in the December 26, 2000 Illinois submittal to show the 
downward trend in mobile source emissions. EPA, therefore, concludes 
that Illinois has complied with the requirements of section 182(c)(5), 
has no currently due section 182(c)(5) obligations.
    In addition, the section 182(c)(5) requirements are also included 
in those measures subject to EPA's interpretation under EPA's May 10, 
1995, Clean Data Policy memorandum. That is, attainment of the 1-hour 
ozone standard suspends the need for the State to submit additional 
TCMs under section 182(c)(5) of the CAA. EPA, therefore, concludes 
that, since the Greater Chicago area is attaining the 1-hour ozone 
standard,\9\ any requirement for submitting the section 182(c)(5) 
measures for the Illinois portion of the Greater Chicago area is 
suspended. See also 40 CFR 51.918.
---------------------------------------------------------------------------

    \9\ See 73 FR 79652 (December 30, 2008).
---------------------------------------------------------------------------

40 CFR 51.900(f)(11) Vehicle Miles Travelled

    Section 182(d)(1)(A) of the CAA requires severe ozone nonattainment 
areas to offset the growth in emissions attributed to growth in VMT; to 
select and implement TCMs necessary to comply with the periodic 
emission reduction requirements of sections 182(b) and (c); and, to 
consider TCMs specified in section 108(f) of the CAA, and implement 
TCMs as necessary to demonstrate attainment with the ozone standard. 
Through rulemaking on September 21, 1995, at 60 FR 48896, EPA approved 
Illinois' TCMs as meeting these requirements of the CAA.

40 CFR 51.900(f)(12) NOX Requirements Under Section 182(f)

    As noted above, EPA approved a NOX emissions control 
waiver for the Illinois portion of the Greater Chicago area for the 1-
hour ozone standard. See 61 FR 2428, January 26, 1996. In addition, we 
have approved Illinois' NOX emission control regulations, 
adopted in response to EPA's NOX SIP call. See 66 FR 56449 
and 66 FR 56454, both published on November 8, 2001.

40 CFR 51.900(f)(13) Ozone Attainment Demonstration

    As noted above, on November 13, 2001, at 66 FR 56904, EPA fully 
approved Illinois' 1-hour ozone attainment demonstration SIP revision 
for the Greater Chicago area. Therefore, Illinois has met the ozone 
attainment demonstration requirements of sections 182(b)(1)(A) and 
182(c)(2)(A) of the CAA for the 1-hour ozone standard.

New Source Review

    As noted elsewhere in this proposed rule, EPA believes that a part 
D NSR program is not an applicable requirement for purposes of 
evaluating an ozone redesignation request. EPA has determined that 
states with areas being redesignated to attainment need not have an 
approved part D NSR program, provided that the states demonstrate 
maintenance of the standard without part D NSR programs in effect.
    Nonetheless, as also discussed above, the Court's decision in South 
Coast Air Management Dist. v. EPA preserved 1-hour part D NSR 
requirements as an anti-backsliding requirement. Section 182(a)(2)(C) 
of the CAA requires states to adopt part D NSR permit programs and to 
correct the existing part D NSR permit programs to meet EPA NSR 
guidance issued prior to 1990. EPA approved Illinois' NSR permit 
program as meeting EPA's guidance and CAA part D NSR requirements for 
the 1-hour ozone standard, including the requirements in sections 
182(c)(6), (c)(7) and (c)(8), and the source offset requirements in 
section 182(d)(2), through rulemakings on September 27, 1995 (60 FR 
49778).
    Regardless of how one views the part D NSR requirements of the CAA 
for purposes of redesignation, we concluded that Illinois has met the 
NSR requirements with regard to Illinois' ozone redesignation request. 
The State has an approved NSR program, and the approval status of this 
NSR program is not relevant to Illinois' ozone redesignation request.

Section 185 Source Emission Penalty Fees

    On December 30, 2008 (73 FR 79652), EPA finalized a determination 
that the Greater Chicago area had attained the 1-hour ozone standard 
based on 2005-2007 ozone data. Based on the determination of 
attainment, the section 185 fee requirements no longer apply to the 
Illinois portion of the Greater Chicago area and to the State of 
Illinois.

Contingency Measures

    Sections 172(c)(9) and 182(c)(9) of the CAA require the ozone 
control portion of SIPs to contain measures to be implemented in the 
event that any milestone (standard attainment date, rate-of-progress 
emission reduction milestone dates, etc.) in the SIP is missed. EPA 
approved Illinois' contingency measures for attainment of the 1-hour 
ozone standard in the Greater Chicago area in our approval of the 
State's 1-hour ozone attainment plan. See 66 FR 56904, November 13, 
2001.

Transportation Conformity

    The transportation conformity portion of the court's ruling in 
South Coast Air Quality Management District v. EPA does not impact the 
redesignation request for the Illinois portion of the Greater Chicago 
area because there are no transportation conformity requirements that 
are relevant to redesignation requests for any standard, including the 
requirement for a state to submit a transportation conformity SIP.\10\ 
Under longstanding EPA policy, EPA thinks that it is reasonable to 
interpret the conformity SIP requirements as not applying for purposes 
of evaluating a redesignation request under section 107(d) because 
State conformity rules are still required after redesignation and 
Federal conformity rules apply where state rules have not been 
approved. See 40 CFR 51.390. Also see Wall v. EPA, 265 F.3d 426 (6th 
Cir. 2001), upholding this interpretation, and 60 FR 62748 (December 7, 
1995) (Tampa, Florida ozone redesignation).
---------------------------------------------------------------------------

    \10\ CAA section 176(c)(4)(E) requires states to submit 
revisions to their SIPs to reflect certain Federal criteria and 
procedures for determining transportation conformity. Transportation 
conformity SIPs are different from MVEBs that are established in 
control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------

Conclusions

    For the above reasons, EPA concludes that Illinois has met all 
applicable part D SIP requirements for the 1-hour ozone standard as 
addressed in the court's and EPA's anti-backsliding requirements for 
the purposes of redesignation of the Illinois portion of the Greater 
Chicago area to attainment of the 1997 8-hour ozone standard. It is 
again noted that the State of Illinois has committed in its maintenance 
plan to maintain the VOC and NOX emission controls already 
in place and included in Illinois' ozone SIP, as approved by EPA.

[[Page 6754]]

C. Are the air quality improvements in the Greater Chicago area due to 
permanent and enforceable emission reductions?

    EPA finds that Illinois has demonstrated that the observed air 
quality improvement in the Greater Chicago area is due to permanent and 
enforceable reductions in emissions resulting from the implementation 
of the Illinois and Indiana SIPs, Federal measures, and other State-
adopted measures. As discussed below, Illinois made this demonstration 
by considering VOC and NOX emissions in the entire Greater 
Chicago area as well as emission reductions in upwind areas (primarily 
resulting from the implementation of EPA's NOX SIP call) 
contributing to pollution transport into the Greater Chicago area.
    In making this demonstration, Illinois first determined and 
documented the changes in VOC and NOX emissions in the 
Illinois portion of the Greater Chicago area between 2002 (a standard-
violation year) and 2008 (an attainment year). Second, the State 
documented the VOC and NOX emission controls that have been 
implemented in the Greater Chicago area. Illinois demonstrated that the 
reductions in emissions and the corresponding improvement in air 
quality over the intervening period (2002-2008) can be attributed to a 
number of regulatory control measures that the Greater Chicago area and 
upwind areas have implemented in recent years.
1. Permanent and Enforceable Controls Implemented
    The following is a discussion of the permanent and enforceable 
emission control measures that have been implemented in the Greater 
Chicago area and in upwind areas that have resulted in VOC and 
NOX emission reductions subsequent to the ozone standard 
violation period (2001-2003) in the Greater Chicago area.
a. Attainment Demonstration Emission Control Measures
    On March 18, 2009, IEPA submitted an ozone attainment demonstration 
plan for the Greater Chicago area to EPA. Even though EPA has not taken 
action on this attainment demonstration as a revision of the Illinois 
SIP,\11\ Illinois notes that the VOC and NOX emission 
controls contained in the attainment plan have been implemented, 
resulting in VOC and NOX emission reductions that have 
contributed to attainment of the 1997 8-hour ozone standard in the 
Greater Chicago area. The implemented emission control measures include 
the following:
---------------------------------------------------------------------------

    \11\ Since EPA has determined that the Greater Chicago 
nonattainment area has attained the 1997 8-hour ozone standard 
(March 12, 2010, 75 FR 12088), EPA concludes that it is not 
necessary for it to take action on Illinois' ozone attainment 
demonstration.
---------------------------------------------------------------------------

     NOX SIP call emission controls
     New Source Performance Standards (NSPS), National Emission 
Standards for Hazardous Air Pollutants (NESHAPS), and Maximum Available 
Control Technology (MACT) standards for new sources
     VOC Solvent Category Emission Controls: Aerosol Coatings; 
Architectural and Industrial Maintenance (AIM) Coatings; and Consumer 
Solvents
     Enhanced Vehicle Inspection and Maintenance
     Reformulated Gasoline
     Federal Tier 2 Motor Vehicle Emission Standards and 
Gasoline Sulfur Control Requirements
     Federal On-Highway Heavy-Duty Engine and Vehicle 
Standards, and Federal Highway Diesel Fuel Sulfur Control Requirements
     Federal Off-Road Mobile Source Emission Control Programs 
Incorporated into EPA's NONROAD Emissions Model, including EPA's 
Nonroad Diesel Emissions Control Rule and Evaporative Large Spark 
Ignition and Recreational Vehicle Standards
     Federal Tier 4 Nonroad Diesel Engine Standards and Diesel 
Fuel Sulfur Content Restrictions
     Marine Compression-Ignition Engine Standards and 
Locomotive Engine Standards
     Consent Decrees requiring emission controls for: Dynergy 
Midwest Generation; Conoco Phillips; CITGO; Exxon-Mobil; Marathon 
Ashland; and Archer Daniels Midland.

All of these emission controls are permanent and are currently being 
enforced by the State or by the Federal government.
b. Reasonable Further Progress (RFP)
    Since the Greater Chicago area was classified as a moderate 
nonattainment area for the 1997 8-hour ozone standard, Illinois was 
required to achieve a 15 percent net reduction in VOC emissions in the 
Illinois portion of the Greater Chicago area between 2002 and 2008 to 
meet the RFP requirements of CAA section 182(b)(1)(A). These emission 
reductions were primarily achieved through the implementation of the 
emission controls listed above for the ozone attainment demonstration 
plan. These emission controls resulted in a 15.7 percent reduction in 
VOC emissions in the Illinois portion of the Greater Chicago area 
between 2002 and 2008, and continued to provide additional VOC emission 
controls in 2009 and 2010. IEPA estimates that these VOC emission 
controls resulted in a VOC emission reduction of 210 tons per day 
between 2002 and 2008 in the Illinois portion of the Greater Chicago 
area.
c. Reasonably Available Control Technology
    RACT is required for all major stationary sources of VOC in the 
Greater Chicago area. Since the Greater Chicago area was designated as 
a moderate nonattainment area for ozone under the 1997 8-hour ozone 
standard, a major stationary source is any source that has a potential 
to emit VOC equal to or greater than 100 tons per year. EPA defines 
RACT as the lowest emission limitation that a source is capable of 
meeting by the application of control technology that is reasonably 
available considering technological feasibility and economic 
reasonableness (70 FR 71612, November 29, 2005). The sum of emissions 
from all emission units at a source facility determines if the source 
facility is a major source and, therefore, subject to RACT 
requirements.
    Sections 172 and 182(b)(2) of the CAA required implementation of 
VOC RACT for sources that are subject to CTGs that have been published 
by the EPA. In addition to CTG source categories, major VOC sources 
that are not covered by any CTG must also be covered by State RACT 
regulations.
    Illinois has adopted and implemented all required VOC RACT 
regulations with the exception of source categories covered by CTGs 
published in 2006, 2007, and 2008. The State has documented that the 
implemented VOC RACT rules have reduced VOC emissions in the Illinois 
portion of the Greater Chicago area, contributing to the attainment of 
the 1997 8-hour ozone standard in the Greater Chicago area.
d. Additional Emission Control Measures
    In addition to VOC emission reductions resulting from the 
implementation of VOC RACT in the Illinois portion of the Greater 
Chicago area, IEPA points out that additional VOC emission reductions 
were achieved in this area as the result of the implementation of MACT 
and achieving NESHAPS for VOC sources that also emit toxic chemicals, 
and implementation of NSPS for new VOC sources. Illinois believes that 
all of these emission control requirements are more stringent than 
RACT, and, therefore, have resulted in additional VOC

[[Page 6755]]

reductions in the Illinois portion of the Greater Chicago area.\12\
---------------------------------------------------------------------------

    \12\ It should be noted that Illinois' VOC RACT rules generally 
exclude sources subject to MACT, NSPS, and NESHAPS from VOC RACT 
rules' emission reduction requirements. Nonetheless, we agree that 
additional emission reduction requirements have further lowered VOC 
emissions in the subject area.
---------------------------------------------------------------------------

e. 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. 40 CFR part 86, subpart S. 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. 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. Although some of these emission 
reductions occurred by the attainment years (2006-2008) in the Greater 
Chicago area, additional emission reductions will occur during the 
maintenance period for the Illinois portion of the Greater Chicago 
area. For example, the Tier 2 emission standards for passenger vehicles 
weighing over 8,500 pounds were not implemented until 2008 or later.
    Heavy-Duty Diesel Engine Rule. EPA issued this rule in January 2001 
(66 FR 5002). 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 buses.
    Non-Road Diesel Rule. EPA issued this rule in June 2004 (69 FR 
38958), which 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 non-road diesel 
engines by up to 90 percent. The non-road diesel rule was fully 
implemented by 2010.
    NSPS, NESHAPS, and MACT. A broad range of emission sectors are 
subject to Federal NSPS, NESHAPS, and MACT standards with compliance 
deadlines that led to VOC emission reductions after 2002 and prior to 
2008/2009.
f. Controls To Remain in Effect
    Illinois commits to maintain all of the current emission control 
measures for VOC and NOX after the Illinois portion of the 
Greater Chicago area is redesignated to attainment. Illinois also 
commits to submit any emission control revisions needed for maintenance 
of the ozone standard in the Greater Chicago area to the EPA as 
requested SIP revisions. Illinois has the legal authority and necessary 
resources to actively enforce against any violations of the State's air 
pollution emission control rules.
2. Emission Reductions
    Illinois chose 2008 (the end of the 3-year period in which the 
Greater Chicago area first attained the 1997 8-hour ozone standard) as 
the attainment year. IEPA compared 2002 and 2008 VOC and NOX 
emissions to show that emission reductions have occurred in the area, 
explaining the ozone air quality improvement in the area.
    As required by sections 172(c)(3) and 182(a)(1) of the CAA and 
EPA's Phase 2 ozone implementation rule (November 29, 2005, at 70 FR 
71612), IEPA prepared comprehensive VOC and NOX emission 
inventories for 2002. These emission inventories and their 
documentation were submitted to the EPA in June 2006. Table 2 
summarizes the 2002 VOC and NOX emissions by source category 
and by pollutant for the Illinois portion of the Greater Chicago area. 
For a discussion of emission inventory preparation methods used to 
develop these emission inventories, see the discussion of 2002 base 
year emission inventories below in section VII of this proposed rule.

   Table 2--Total Anthropogenic VOC and NOX Emissions in the Illinois
               Portion of the Greater Chicago Area in 2002
                     [Tons per ozone season weekday]
------------------------------------------------------------------------
         Source category                  VOC                 NOX
------------------------------------------------------------------------
Point Sources...................               76.62              307.73
Area Sources....................              520.21               42.93
On-Road Mobile Sources..........              168.06              540.13
Off-Road Mobile Sources.........              233.77              326.65
���������������������������������
    Total.......................              998.66             1217.44
------------------------------------------------------------------------

    To demonstrate that VOC and NOX emissions have decreased 
between a standard violation year and the attainment year, IEPA 
documented the VOC and NOX emissions in the Illinois portion 
of the Greater Chicago area for 2008 and compared these emissions to 
those in 2002.
    For the attainment year, point source emissions were compiled from 
2008 annual emission reports submitted to the IEPA, in compliance with 
the State's point source emission statement reporting regulations, and 
from EPA's Clean Air Markets Division emissions database for electric 
utilities. Area sources were projected from the 2002 area source 
emissions using source type-specific growth factors. On-road mobile 
source emissions were calculated using EPA's MOVES emissions model and 
vehicle miles travelled data provided by the Illinois Department of 
Transportation. Off-road emissions were calculated using EPA's NONROAD 
emissions model. These emission estimation procedures are consistent 
with those used to develop the 2002 emission inventories. Biogenic 
emissions were not included in the 2008 emission inventories (and also 
not in the 2002 emission inventories) because it was assumed that these 
emissions are

[[Page 6756]]

approximately constant over the time period (2002-2008) considered.
    Table 3 summarizes the 2008 VOC and NOX emissions in the 
Illinois portion of the Greater Chicago area. From this table and table 
2, it can be seen that VOC and NOX emissions have decreased 
significantly in the Illinois portion of the Greater Chicago area 
between 2002 and 2008. IEPA concludes that the decrease in VOC and 
NOX emissions during the 2002-2008 period are primarily due 
to the implementation of permanent and enforceable emission controls, 
and are the primary cause (along with emission reductions in the 
Indiana portion of the Greater Chicago area) of the ozone air quality 
improvement in the Greater Chicago area. We concur with the State's 
conclusion.

   Table 3--Total Anthropogenic VOC and NOX Emissions in the Illinois
               Portion of the Greater Chicago Area in 2008
                     [Tons per ozone season weekday]
------------------------------------------------------------------------
                Source category                     VOC          NOX
------------------------------------------------------------------------
Point Sources.................................        53.27       154.50
Area Sources..................................       351.51        38.56
On-Road Mobile Sources........................       117.23       373.52
Off-Road Mobile Sources.......................       265.44       330.18
                                               -------------------------
    Total.....................................       787.45       896.76
------------------------------------------------------------------------

    One must also consider the total VOC and NOX emissions 
for the Greater Chicago area. EPA has consistently concluded that 
emissions from all portions of ozone nonattainment areas have the 
potential to contribute to ozone standard violations anywhere within 
the ozone nonattainment areas. Therefore, for the Greater Chicago area, 
it is important to also consider the changes in VOC and NOX 
emissions from the Indiana portion of the Greater Chicago area. In a 
March 12, 2010, proposed rulemaking (75 FR 12090) addressing an ozone 
redesignation request from the State of Indiana, we discussed the 2002, 
2006, and 2010 VOC and NOX emissions for Lake and Porter 
Counties, Indiana. Table 2 of that proposed rule (75 FR 12103) lists 
2002 VOC and NOX emissions for Lake and Porter Counties, and 
table 7 of that proposed rulemaking (75 FR 12106) lists 2006 and 2010 
VOC and NOX emissions for these counties. The 2006 and 2010 
emissions may be interpolated to estimate the 2008 emissions for Lake 
and Porter Counties. Adding 2002 and estimated 2008 Lake and Porter 
Counties' emissions to those in tables 2 and 3 for the Illinois portion 
of the Greater Chicago area above gives the total 2002 and 2008 VOC and 
NOX emissions for the Greater Chicago area. The total 2002 
and 2008 VOC and NOX emissions for the Greater Chicago area 
are listed in table 4 of this proposed rule. The change in emissions 
between 2002 and 2008 emissions for the Greater Chicago area shows that 
VOC and NOX emissions have significantly decreased in this 
area between 2002 and 2008. We conclude that these emission reductions 
have contributed to attainment of the ozone standard in this area.

   Table 4--2002 and 2008 VOC and NOX Emissions Totals in the Greater
                              Chicago Area
                 [Tons per ozone season/summer weekday]
------------------------------------------------------------------------
                Source category                   VOC 2002     VOC 2008
------------------------------------------------------------------------
Point Sources.................................       101.18        71.87
Area Sources..................................       555.30       382.15
On-Road Mobile Sources........................       188.06       129.65
Off-Road Mobile Sources.......................       268.86       281.06
                                               -------------------------
    Total VOC.................................       1113.4        864.7
------------------------------------------------------------------------
                                                   NOX 2002     NOX 2008
------------------------------------------------------------------------
Point Sources.................................       494.17       272.82
Area Sources..................................        48.65        45.08
On-Road Mobile Sources........................       595.13       422.89
Off-Road Mobile Sources.......................       365.26       360.02
                                               -------------------------
    Total NOX.................................       1503.2       1100.8
------------------------------------------------------------------------

    Besides the 2002-2008 reductions in VOC and NOX 
emissions in the Illinois and Indiana portions of the Greater Chicago 
area, IEPA also notes that upwind areas have lowered their VOC and 
NOX emissions during this period. Illinois, however, has not 
documented these emission reductions in the redesignation request.

D. Does Illinois have a fully approvable ozone maintenance plan?

1. 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 maintenance plan must demonstrate 
continued attainment of the applicable NAAQS for at least 10 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 of the NAAQS will 
continue to be maintained for 10 years following the initial 10-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 standard violations.
    The September 4, 1992, John Calcagni memorandum provides additional 
guidance on the content of maintenance plans. The memorandum clarifies 
that an ozone maintenance plan should, at minimum, address the 
following: (1) The attainment VOC and NOX emission 
inventories; (2) a maintenance demonstration showing maintenance for 
the 10-year maintenance period; (3) a commitment to maintain the 
existing monitoring network; (4) factors and procedures to be used for 
verification of continued attainment of the NAAQS; and, (5) a 
contingency plan to prevent or correct future violations of the NAAQS.
2. Attainment Inventory
    As noted above, 2008 is the final year of the 3-year period (2006-
2008) in which all ozone monitors in the Greater Chicago nonattainment 
area recorded attainment of the 1997 8-hour ozone standard. Therefore, 
IEPA chose 2008 as an attainment year. The discussion above describes 
how Illinois derived the 2008 VOC and NOX emission 
inventories for the Illinois portion of the Greater Chicago area.
3. Has the State documented maintenance of the ozone standard in the 
Illinois portion of the Greater Chicago area?
    The maintenance plan, as revised in the State's September 16, 2011, 
submittal, shows maintenance of the 1997 8-hour ozone standard through 
2025 by showing that future (2015, 2020, and 2025) VOC and 
NOX emissions for the Illinois portion of the Greater 
Chicago area remain at or below attainment year (2008) emission 
levels.\13\
---------------------------------------------------------------------------

    \13\ A maintenance demonstration need not be based on ozone 
modeling. See Wall v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66 
FR 53094, 53099-53100 (October 19, 2001), and 68 FR 25413, 25430-
25432 (May 12, 2003).
---------------------------------------------------------------------------

    Point source emissions in the Illinois portion of the Greater 
Chicago area were projected to 2015, 2020, and 2025 using 2002 and 2008 
point source emissions and source category-specific growth factors. 
Area source emissions were similarly projected to 2015, 2020, and 2025 
using the 2002 and 2008 area source emissions and source category-
specific growth factors. Area source category emissions, determined 
using county populations, were projected by

[[Page 6757]]

using projected growth in county-specific populations. Off-road mobile 
source emissions were projected using the 2002 emissions and growth 
factors contained in EPA's NONROAD model. On-road mobile source 
emissions were estimated using projected VMT levels and the MOVES 
model. The projected mobile source emissions assumed the continued use 
of reformulated gasoline, the phase-in of Tier 2 motor vehicle emission 
standards, and the operation of an enhanced vehicle inspection and 
maintenance program in the Illinois portion of the Greater Chicago 
area.
    Table 5 compares the VOC and NOX emissions estimated for 
the Illinois portion of the Greater Chicago area for 2008 with those 
for 2015, 2020, and 2025 by source category. The projected VOC and 
NOX emissions show that VOC and NOX emissions in 
Illinois portion of the Greater Chicago area are expected to remain 
below the attainment levels throughout the 10-year-plus maintenance 
period.

      Table 5--2008 and Projected VOC and NOX Emissions in the Illinois Portion of the Greater Chicago Area
                                         [Tons per ozone season weekday]
----------------------------------------------------------------------------------------------------------------
             Source Category                  VOC 2008          VOC 2015          VOC 2020          VOC 2025
----------------------------------------------------------------------------------------------------------------
Point Sources...........................             53.27             62.02             67.63             72.79
Area Sources............................            351.51            363.86            385.73            406.96
On-Road Mobile Sources..................            117.23             50.33             37.98             41.35
Off-Road Mobile Sources.................            265.44             90.83             84.16             90.25
                                         -----------------------------------------------------------------------
    Total...............................            787.45            567.04            575.50            611.85
----------------------------------------------------------------------------------------------------------------
                                                  NOX 2008          NOX 2015          NOX 2020          NOX 2025
----------------------------------------------------------------------------------------------------------------
Point Sources...........................            154.50            150.06            171.13            180.13
Area Sources............................             38.56             39.85             40.57             41.35
On-Road Mobile Sources..................            373.52            197.14            116.69            108.93
Off-Road Mobile Sources.................            330.18            106.36             84.34             96.70
                                         -----------------------------------------------------------------------
    Total...............................            896.76            493.41            412.73            427.11
----------------------------------------------------------------------------------------------------------------

    Illinois has successfully demonstrated maintenance of the 1997 8-
hour ozone standard between 2008 and 2025. In addition, VOC and 
NOX emissions in the Greater Chicago area are projected to 
decline between 2006 and 2020 (see table 8 in the proposed rule to 
redesignate Lake and Porter Counties, Indiana to attainment of the 1997 
8-hour ozone standard, March 12, 2010, 75 FR 12106).
    IEPA has demonstrated maintenance of the 1997 8-hour ozone standard 
during the 10-year ozone maintenance period for the Illinois portion of 
the Greater Chicago area through projected VOC and NOX 
emissions that show that the emissions will remain below the 2008 
attainment levels during the maintenance period.
4. What is the Contingency Plan for the Illinois Portion of the Greater 
Chicago Area?
    Section 175A of the CAA requires the maintenance plan to include 
such contingency measures as EPA deems necessary to assure that the 
state will promptly correct a violation of the NAAQS that might occur 
after redesignation. The maintenance plan must identify the contingency 
measures to be considered for possible adoption, a schedule and 
procedure for adoption and implementation of the selected 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 pollutant(s) that 
were controlled through the SIP before the 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 to address possible future ozone air quality problems. 
The contingency plan has two levels of actions/responses depending on 
whether a violation of the 1997 8-hour ozone standard is only 
threatened (Level I) or has actually occurred (Level II).
    A Level I response will be triggered whenever: (1) An annual (1-
year) fourth-high daily maximum 8-hour ozone concentration of 84 parts 
per billion (ppb) (0.084 ppm) is monitored at any site in the Greater 
Chicago area; or, (2) the Illinois portion of the Greater Chicago 
area's NOX or VOC emissions increase more than 5 percent 
above the 2006 emissions levels.\14\ A Level I action will consist of a 
study of whether adverse air quality or adverse emission trends are 
likely to continue. If so, Illinois will determine what and where 
emission controls will be needed to avoid a violation of the 1997 8-
hour ozone standard. The study will be completed within 9 months after 
the action is triggered. If necessary, emission control measures will 
be adopted within 18 months of determination of the Level I triggering 
and implemented as expeditiously as practicable, taking into 
consideration the ease of implementation and the technical and economic 
feasibility of the selected measures.
---------------------------------------------------------------------------

    \14\ Illinois commits to compiling VOC and NOX 
emission inventories every three years for the duration of the 
maintenance period to facilitate emission trends analyses. The 2006 
emissions levels were derived as part of the three-year cycle of 
updating emission estimates. Although 2008 is the year used to 
demonstrate the emission reductions leading to the attainment of the 
1997 8-hour ozone standard and as the base year for the 
demonstration of maintenance of this ozone standard, IEPA chose the 
2006 emissions levels as the base year for the Level I contingency 
emissions growth trigger. 2006 is part of the 2006-2008 period in 
which the Greater Chicago area first attained the 1997 8-hour ozone 
standard.
---------------------------------------------------------------------------

    A Level II response will be triggered when a violation of the 1997 
8-hour ozone standard is monitored at any monitoring site in the 
Greater Chicago area. If triggered, the IEPA will conduct a thorough 
study to determine the appropriate emission control measures to address 
the cause of the ozone standard violation. Analysis will be completed 
within 6 months of the triggering of the Level II response. Selected 
emission control measures will be implemented within 18 months of the 
determination of the ozone standard violation.

[[Page 6758]]

    Adoption of any additional emission control measures prompted by 
either of the contingency triggers will be subject to the necessary 
administrative and legal processes dictated by State law. This process 
will include publication of public notices, public hearings, and other 
measures required by Illinois law.
    Contingency measures contained in the maintenance plan are those 
emission controls or other measures that the State chooses to adopt and 
implement in response to either of the contingency triggers discussed 
above. Possible contingency measures contained in Illinois' contingency 
plan include, but are not limited to, the following:
     Illinois' Multi-Pollutant Program for electric generating 
units.
     NOX RACT.
     Cross-State Air Pollution Rule.
     Best Available Retrofit Technology.
     Broader geographic applicability of existing measures.
     Tier 2 vehicle standards and low sulfur fuel.
     High-enhanced vehicle I/M.
     Federal railroad/locomotive standards.
     Federal commercial marine vessel engine standards.
     Portable fuel containers (replacement with low leak 
containers)
     AIM Coatings
     Commercial and consumer products standards
     Aerosol coatings standards
     Other measures to be identified.
5. Monitoring Network and Verification of Continued Attainment
    In the State's ozone redesignation request and maintenance plan, 
IEPA has committed to continue to monitor ozone levels in the Illinois 
portion of the Greater Chicago area according to an EPA-approved 
monitoring plan. Should changes in the locations of ozone monitors 
become necessary, IEPA commits to work with EPA to ensure the adequacy 
of the ozone monitoring network in this area. Illinois remains 
obligated to continue to quality assure ozone monitoring data in 
accordance with 40 CFR part 58 and to enter all ozone data into EPA's 
Air Quality System in accordance with Federal guidelines.
    Application of Illinois' ozone maintenance plan for the Illinois 
portion of the Greater Chicago area and continued attainment of the 
1997 8-hour ozone standard in the Greater Chicago area depend, in part, 
on the State's efforts in tracking of ozone monitoring data to verify 
continued attainment of the ozone standard. IEPA's plan for verifying 
continued attainment of the 1997 8-hour ozone standard in the Greater 
Chicago area (Indiana is similarly tracking continued attainment of the 
standard in this area) consists of plans to continue ambient ozone 
monitoring in accordance with the requirements of 40 CFR part 58. IEPA 
will also continue to develop, review, and submit periodic emission 
inventories as required by the Federal Consolidated Emissions Reporting 
Rule (67 FR 19602, June 10, 2002) to track future levels of emissions.

VI. Has the State adopted approvable motor vehicle emission budgets?

    Under the CAA, States are required to submit, at various times, SIP 
revisions, such as ozone attainment demonstrations and RFP plans, and 
ozone maintenance plans for applicable areas (for ozone nonattainment 
areas and for areas seeking redesignation to attainment of the ozone 
standard). These SIP revisions, including ozone maintenance plans, must 
create and document MVEBs based on on-road mobile source emissions 
allocated to highway and transit vehicle use that, together with 
emissions from other sources in the area, will provide for attainment 
and maintenance of the ozone NAAQS.
    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 
(MVEBs may also be specified for additional years during the 
maintenance period). The MVEB serves as a ceiling on emissions that 
would result 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). The preamble describes 
how to establish the MVEB in the SIP and how to revise the MVEB if 
needed.
    Under section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, 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, or delay timely attainment of 
the NAAQS. CAA section 176(c)(1). If a transportation plan 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 or 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) making a finding of adequacy. The 
process for determining the adequacy of a submitted MVEB is codified at 
40 CFR 93.118.
    The ozone maintenance plan submitted by Illinois for the Illinois 
portion of the Greater Chicago area, as revised in Illinois' September 
16, 2011, supplemental submittal, contains new VOC and NOX 
MVEBs for the Illinois portion of the Greater Chicago area for 2008 and 
2025. The availability of the SIP submission with MVEBs was announced 
for public comment on EPA's Adequacy Web site on September 26, 2011, 
at: http://www.epa.gov/otaq/stateresources/tansconf/currsips.htm, which 
provided a 30-day public comment period. The comment period for this 
notification ended on October 26, 2011, and EPA received no comments 
from the public. Note, however, that a second mechanism is also 
provided for EPA review and public comment on MVEBs, as described in 40 
CFR 93.118(f)(2). This mechanism provides for EPA's review of the 
adequacy of an implementation plan MVEB simultaneously with its review 
and approval and disapproval of the implementation plan itself. In this 
action, EPA used the web notification discussed above to solicit public 
comments on the adequacy of Illinois' MVEBs for the Illinois portion of 
the Greater Chicago area, but is taking comment on the approvability of 
the submitted MVEBs through this proposed rule.
    Illinois' ozone maintenance plan for the Illinois portion of the 
Greater Chicago area contains VOC and NOX MVEBs for 2008 and 
2025. Any and all comments on the approvability of the MVEBs should be 
submitted during the comment period stated in the DATES section of this 
notice.

[[Page 6759]]

    EPA intends to approve 2008 and 2025 MVEBs for the Illinois portion 
of the Greater Chicago area for transportation conformity purposes in 
the final rulemaking on Illinois' ozone redesignation request. If EPA 
approves the MVEBs in the final rulemaking action, the new MVEBs must 
be used in future transportation conformity determinations for the 
Illinois portion of the Greater Chicago area. The new MVEBs, if 
approved in the final rulemaking, will be effective on the date of 
EPA's final rulemaking in the Federal Register. For required regional 
emission analysis years that involve 2013 (the year after EPA is 
expected to approve the ozone maintenance plan and Illinois' VOC and 
NOX MVEBs) or beyond, the applicable VOC and NOX 
MVEBs for the Chicago area are defined in table 6.

   Table 6--MVEBs for the Illinois Portion of the Greater Chicago Area
                     [Tons per ozone season weekday]
------------------------------------------------------------------------
                       Year                            VOC        NOX
------------------------------------------------------------------------
2008..............................................     117.23     373.52
2025..............................................      48.13     125.27
------------------------------------------------------------------------

    The MVEBs are the on-road mobile source VOC and NOX 
emissions for the Illinois portion of the Greater Chicago area for 2008 
and 2025, including 15 percent safety margins for 2025. The MVEBs are 
compatible with the 2008 and 2025 on-road mobile source VOC and 
NOX emissions included in Illinois' 2008 and 2025 VOC and 
NOX emission inventories, as summarized above in table 5. 
The derivation of the MVEBs is thoroughly discussed in appendix B of 
IEPA's April 5, 2009, ozone maintenance plan and in Illinois' September 
16, 2011, supplement to the ozone maintenance plan.
    EPA is proposing to approve the MVEBs for 2008 and 2025 as part of 
Illinois' 1997 8-hour ozone standard maintenance plan. EPA has 
determined that the MVEB emission targets are consistent with emission 
control measures in the SIP and that the Greater Chicago area can 
maintain attainment of the 1997 8-hour ozone NAAQS.

VII. 2002 Emissions Inventories

    Section 182(a)(1) of the CAA requires States with ozone 
nonattainment areas to submit a comprehensive, accurate, and current 
inventory of actual emissions (emissions of VOC and NOX) 
from all sources in the nonattainment areas, in accordance with 
guidance provided by the EPA. On June 21, 2006, IEPA submitted 2002 
base year emissions inventories for the Illinois portion of the Greater 
Chicago nonattainment area. Emissions contained in that submittal 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 emissions using source-reported 
actual 2002 emissions data for VOC and NOX. The emissions 
were adjusted for a typical summer day at each emissions unit within 
the source facilities. The annual emission reports provided ozone 
season hourly emissions and operating schedules that enabled the 
calculations of ozone season weekday emissions.
    Illinois used several methods to estimate area source activity 
levels and emissions, including applying local activity levels, 
apportioning national or statewide activity levels to the local level, 
and applying per capita emission factors considering county-specific 
populations. The documentation supplied in the emissions inventory 
submittal shows how the county-specific emissions were calculated for 
each area source category.
    Non-road mobile source emissions were generated using EPA's NONROAD 
model. In addition, separate emission estimates were developed for 
commercial marine vessels, aircraft, and railroads, non-road source 
categories not included in the NONROAD model.
    On-road mobile source emissions contained in the June 21, 2006, 
submittal were prepared by the IEPA using EPA's MOBILE6 emissions model 
and daily VMT and speed estimates provided by the Illinois Department 
of Transportation. Note, however, that the 2002 on-road mobile source 
emissions documented in the September 16, 2011, submittal were derived 
using the MOVES mobile source emissions model rather than MOBILE6. 
MOVES is the currently EPA-accepted model for the determination of on-
road mobile source emissions.
    Illinois' September 16, 2011, submittal documents 2002 emissions 
for the Illinois portion of the Greater Chicago area in units of tons 
per summer day. These emissions were modified relative to those 
included in the June 21, 2006, submittal, reflecting revised mobile 
source emissions calculated using MOVES (the mobile source emissions 
included in the June 21, 2006 submittal were calculated using MOBILE6 
mobile source emission factors). The 2002 emissions are summarized in 
table 2 above in section V.C.
    EPA is proposing to approve this 2002 base year emissions 
inventory, as revised in the September 16, 2011, submittal, as meeting 
the requirements of section 182(2)(1) of the CAA.

VIII. 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 Clean Air Act; 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).

[[Page 6760]]

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

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: January 31, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-2991 Filed 2-8-12; 8:45 am]
BILLING CODE 6560-50-P
```