```

[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Rules and Regulations]
[Pages 66279-66294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32641]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL117-3; FRL-5935-2]

Approval and Promulgation of State Implementation Plan; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action on the following revisions to the 
Illinois ozone State Implementation Plan (SIP): Rate-Of-Progress (ROP) 
plans for the purpose of reducing Volatile Organic Compound (VOC) 
emissions in the Chicago ozone nonattainment area (Cook, DuPage, Kane, 
Lake, McHenry, and Will Counties, Oswego Township in Kendall County, 
and Aux Sable and Goose Lake Townships in Grundy County) and in the 
Metro-East St. Louis ozone nonattainment area (Madison, Monroe, and St. 
Clair Counties) by 15 percent by November 15, 1996, relative to 1990 
baseline emissions; contingency plans for the same ozone nonattainment 
areas for the purpose of achieving an additional 3 percent VOC emission 
reductions beyond the 15 percent ROP plans; and transportation control 
measures (TCM) for the Metro-East St. Louis area. Previously, on July 
14, 1997, EPA issued a direct final approval of these SIP revisions. On 
the same day (July 14, 1997), EPA proposed approval and solicited 
public comment on the SIP revisions. This proposed rule established a 
30-day public comment period noting that if adverse comments were 
received regarding the direct final rule EPA would withdraw the direct 
final rule and publish an additional final rule to address the public 
comments. Adverse comments were received during the public comment 
period, and EPA withdrew the direct final rule on September 3, 1997 (62 
FR 46446). This final rule addresses these comments and finalizes the 
approval of the Chicago and Metro-East area 15 percent and contingency 
plans, and the Metro-East area TCMs.

DATES: This final rule is effective January 20, 1998.

ADDRESSES: Copies of the SIP revision request are available for 
inspection at the following address: (It is recommended that you 
telephone Mark J. Palermo at (312) 886-6082, before visiting the Region 
5 office).
    U.S. Environmental Protection Agency, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard, Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental 
Protection Specialist, at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background on Rate-Of-Progress and Contingency Plan Requirements and 
EPA Review Criteria

    On November 15, 1990, Congress enacted amendments to the Clean Air 
Act (Act); Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q. Section 182(b)(1) of the Act requires States with ozone 
nonattainment areas classified as moderate and above to submit ROP 
plans to reduce VOC emissions by 15 percent from 1990 levels by 
November 15, 1996, accounting for growth in the VOC emissions occurring 
after 1990. For purposes of these plans, the Act, under sections 
182(b)(1) (B) and (D), defines baseline emissions as the total amounts 
of actual VOC emissions from all anthropogenic sources in the ozone 
nonattainment areas during the calendar year of the enactment of the 
revision of the Act (1990), subtracting or factoring out emission 
reductions achieved by the Federal Motor Vehicle Emissions Control 
Program (FMVCP) regulations promulgated before January 1, 1990, and by 
the 1990 gasoline Reid Vapor Pressure (RVP) regulations (55 FR 23666, 
June 11, 1990).1 The baseline emissions are also referred to 
as the ``1990 adjusted base year inventories.'' EPA interprets 
``calendar year'' emissions to consist of typical ozone season weekday 
emissions, because the applicable ozone National Ambient Air Quality 
Standard (NAAQS) (0.12 parts per million, one-hour average) is 
generally exceeded or violated during ozone season weekdays when ozone 
precursor emissions and meteorological conditions are the most 
conducive to ozone formation. (See ``State Implementation Plans: 
General Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990,'' proposed rule (57 FR 13507), Federal Register, 
April 16, 1992 (hereafter referred to as the General Preamble)).
---------------------------------------------------------------------------

    \1\ The 1990 RVP regulations limit the volatility of gasoline in 
ozone nonattainment areas during the ozone season. The FMVCP 
provides vehicle emission limits that automobile manufacturers must 
meet in designing and building new automobiles.
---------------------------------------------------------------------------

    Section 182(b)(1)(D) of the Act places limits on what emission 
reductions can be claimed by ROP plans. All permanent and enforceable 
VOC emission reductions occurring after 1990 are creditable with the 
following exceptions: (1) Those resulting from any emission control 
measure relating to

[[Page 66280]]

motor vehicle exhaust and evaporative emissions promulgated by the 
Administrator by January 1, 1990; (2) those due to RVP regulations 
promulgated by the Administrator by November 15, 1990, or due to 
regulations required under section 211(h) of the Act; (3) those due to 
measures to correct Reasonably Available Control Technology (RACT) 
regulations as required under section 182(a)(2)(A) of the Act; and (4) 
those due to measures to correct previously noted problems in an 
existing vehicle inspection and maintenance (I/M) program as required 
under section 182(a)(2)(B) of the Act.
    Section 172(c)(9) of the Act as implemented by EPA requires States 
with ozone nonattainment areas classified as moderate and above to 
adopt contingency measures by November 15, 1993. Such measures must 
provide for the implementation of specific emission control measures if 
an ozone nonattainment area fails to achieve ROP or fails to attain the 
NAAQS within the time-frames specified under the Act. Section 182(c)(9) 
of the Act requires that, in addition to the contingency measures 
required under section 172(c)(9), the contingency measure SIP revision 
for serious and above ozone nonattainment areas must also provide for 
the implementation of specific measures if the area fails to meet any 
applicable milestone in the Act. As provided by these sections of the 
Act, the contingency measures must take effect without further action 
by the State or by the EPA Administrator upon failure by the State to 
meet ROP requirements or attainment of the NAAQS by the required 
deadline, or other applicable milestones of the Act.
    The General Preamble states that the contingency measures, in 
total, must generally be able to provide for 3 percent reductions from 
the 1990 baseline emissions. While all contingency measures must be 
fully adopted rules or measures, States can use the measures in two 
different ways. A State can choose to implement contingency measures 
before the November 15, 1996, ROP milestone deadline. Alternatively, a 
State may decide not to implement a contingency measure until an area 
has actually failed to achieve a ROP or attainment milestone. In the 
latter situation, the contingency measure emission reduction must be 
achieved within one year following identification of a milestone 
failure.
    The EPA has developed a number of guidelines addressing the review 
of ROP and contingency plans and addressing such topics as: (1) The 
relationship of ROP plans to other SIP elements required by the Act; 
(2) recommended emission reduction levels for various control measures 
including Federal emission control measures; and (3) emission inventory 
projection procedures. All relevant guidelines are listed below.
    1. Procedures for Preparing Emissions Projections, EPA-450/4-91-
019, Environmental Protection Agency, July 1991.
    2. State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990; 
Proposed rule (57 FR 13498), Federal Register, April 16, 1992.
    3. ``November 15, 1992, Deliverables for Reasonable Further 
Progress and Modeling Emission Inventories,'' memorandum from J. David 
Mobley, Edwin L. Meyer, and G. T. Helms, Office of Air Quality Planning 
and Standards, Environmental Protection Agency, August 7, 1992.
    4. Guidance on the Adjusted Base Year Emissions Inventory and the 
1996 Target for the 15 Percent Rate of Progress Plans, EPA-452/R-92-
005, Environmental Protection Agency, October 1992.
    5. ``Quantification of Rule Effectiveness Improvements,'' 
memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs 
Branch, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, October 1992.
    6. Guidance for Growth Factors, Projections, and Control Strategies 
for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-002, March 
1993.
    7. ``Correction to `Guidance on the Adjusted Base Year Emissions 
Inventory and the 1996 Target for the 15 Percent Rate of Progress 
Plans','' memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide 
Programs Branch, Office of Air Quality Planning and Standards, 
Environmental Protection Agency, March 2, 1993.
    8. ``15 Percent Rate-of-Progress Plans,'' memorandum from G. T. 
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, March 
16, 1993.
    9. Guidance on the Relationship Between the 15 Percent Rate-of-
Progress Plans and Other Provisions of the Clean Air Act, EPA-452/R-93-
007, Environmental Protection Agency, May 1993.
    10. ``Credit Toward the 15 Percent Rate-of-Progress Reductions from 
Federal Measures,'' memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, Environmental Protection Agency, May 6, 1993.
    11. Guidance on Preparing Enforceable Regulations and Compliance 
Programs for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-005, 
Environmental Protection Agency, June 1993.
    12. ``Correction Errata to the 15 Percent Rate-of-Progress Plan 
Guidance Series,'' memorandum from G. T. Helms, Chief, Ozone and Carbon 
Monoxide Programs Branch, Environmental Protection Agency, July 28, 
1993.
    13. ``Early Implementation of Contingency Measures for Ozone and 
Carbon Monoxide (CO) Nonattainment Areas,'' memorandum from G. T. 
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Environmental 
Protection Agency, August 13, 1993.
    14. ``Region III Questions on Emission Projections for the 15 
Percent Rate-of-Progress Plans,'' memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, Office of Air Quality Planning 
and Standards, Environmental Protection Agency, August 17, 1993.
    15. ``Guidance on Issues Related to 15 Percent Rate-of-Progress 
Plans,'' memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation, Environmental Protection Agency, 
August 23, 1993.
    16. ``Credit Toward the 15 Percent Requirements from Architectural 
and Industrial Maintenance Coatings,'' memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, September 10, 1993.
    17. ``Reclassification of Areas to Nonattainment and 15 Percent 
Rate-of-Progress Plans,'' memorandum from John S. Seitz, Director, 
Office of Air Quality Planning and Standards, Environmental Protection 
Agency, September 20, 1993.
    18. ``Clarification of Guidance for Growth Factors, Projections and 
Control Strategies for the 15 Percent Rate of Progress Plans,'' 
memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs 
Branch, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, October 6, 1993.
    19. ``Review and Rulemaking on 15 Percent Rate-of-Progress Plans,'' 
memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs 
Branch, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, October 6, 1993.
    20. ``Questions and Answers from the 15 Percent Rate-of-Progress 
Plan

[[Page 66281]]

Workshop,'' memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide 
Programs Branch, Environmental Protection Agency, October 29, 1993.
    21. ``Rate-of-Progress Plan Guidance on the 15 Percent 
Calculations,'' memorandum from D. Kent Berry, Acting Director, Air 
Quality Management Division, Environmental Protection Agency, October 
29, 1993.
    22. ``Clarification of Issues Regarding the Contingency Measures 
that are due November 15, 1993, for Moderate and Above Ozone 
Nonattainment Areas,'' memorandum from D. Kent Berry, Acting Director, 
Air Quality Management Division, Environmental Protection Agency, 
November 8, 1993.
    23. ``Credit for 15 percent Rate-of-Progress Plan Reductions from 
the Architectural and Industrial Maintenance (AIM) Coating Rule,'' 
memorandum from John S. Seitz, Director, Office of Air Quality Planning 
and Standards, Environmental Protection Agency, December 9, 1993.
    24. ``Rule Effectiveness Guidance: Integration of Inventory, 
Compliance, and Assessment Applications,'' memorandum from G. T. Helms, 
Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air Quality 
Planning and Standards, Environmental Protection Agency, January 21, 
1994.
    25. ``Guidance on Projection of Nonroad Inventories to Future 
Years,'' memorandum from Philip A. Lorang, Director, Emission Planning 
and Strategies Division, Office of Air and Radiation, Environmental 
Protection Agency, February 4, 1994.
    26. ``Discussion at the Division Directors Meeting on June 1 
Concerning the 15 Percent and 3 Percent Calculations,'' memorandum from 
G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of 
Air Quality Planning and Standards, Environmental Protection Agency, 
June 2, 1994.
    27. ``Future Nonroad Emission Reduction Credits for Court-Ordered 
Nonroad Standards,'' memorandum from Philip A. Lorang, Director, 
Emission Planning and Strategies Division, Office of Air and Radiation, 
Environmental Protection Agency, November 28, 1994.
    28. ``Credit for the 15 Percent Rate-of-Progress Plans for 
Reductions from the Architectural and Industrial Maintenance (AIM) 
Coating Rule and the Autobody Refinishing Rule,'' memorandum from John 
S. Seitz, Director, Office of Air Quality Planning and Standards, 
Environmental Protection Agency, November 29, 1994.
    29. ``Transmittal of Rule Effectiveness Protocol for 1996 
Demonstrations,'' memorandum from Susan E. Bromm, Director, Chemical, 
Commercial Services and Municipal Division, Office of Compliance, 
Environmental Protection Agency, December 22, 1994.
    30. ``Future Nonroad Emission Reduction Credits for Locomotives,'' 
memorandum from Philip A. Lorang, Director, Emission Planning and 
Strategies Division, Office of Air and Radiation, Environmental 
Protection Agency, January 3, 1995.
    31. ``Credit for the 15 Percent Rate-of-Progress Plans for 
Reductions from the Architectural and Industrial Maintenance (AIM) 
Coating Rule,'' memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, March 
22, 1995.
    32. ``Fifteen Percent Rate-of-Progress Plans--Additional 
Guidance,'' memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, May 5, 
1995.
    33. ``Regulatory Schedule for Consumer and Commercial Products 
under Section 183(e) of the Clean Air Act,'' memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, 
Environmental Protection Agency, June 22, 1995.
    34. ``Update on the credit for the 15 percent Rate-of-Progress 
Plans for Reductions from the Architectural and Industrial Maintenance 
Coatings Rule,'' memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, March 
7, 1996.

II. Rate-Of-Progress and Contingency Plan Submittals for the Chicago 
and Metro-East St. Louis Ozone Nonattainment Areas

A. Administrative Actions/Requirements

    The Act requires States to observe certain procedural requirements 
in developing SIPs and SIP revisions for submittal to the EPA. Sections 
110(a)(2) and 110(l) of the Act provide that each SIP submitted by a 
State must be adopted by the State after reasonable notice and public 
hearing.
    The State of Illinois held a public hearing on October 15, 1993, to 
hear and collect public comments on the 15 percent ROP and 3 percent 
contingency plans for both the Chicago and the Metro-East St. Louis 
ozone nonattainment areas. Subsequently, the plans were adopted by the 
State and submitted to EPA on November 15, 1993. The submittals 
included records of public comments, hearing records, and responses to 
public comments. The plans were supplemented with additional submittals 
to the EPA on February 18, 1994, November 22, 1994, January 31, 1995, 
and May 23, 1995. These subsequent submittals contain supplemental 
documentation on the State's emission reduction estimates for various 
source categories. At EPA's request, the Illinois Environmental 
Protection Agency (IEPA) made additional submittals of technical 
support information and updated emission estimates on May 9, 1996, and 
July 22, 1996. All of the above submittals are considered to be part of 
the record of decision for this rulemaking. All submittals are 
available for review at the EPA Region 5 offices noted above.
    On January 21, 1994, by letter, the EPA found the November 1993, 
submittals to be incomplete due to an incomplete set of State emission 
control regulations. Subsequently, the State adopted and submitted all 
required regulations. EPA found the ROP and contingency plan submittals 
to be complete, by letter, on June 15, 1995.

B. Accurate Emission Inventories

    Sections 172(c)(3) and 182(b)(1) of the Act require nonattainment 
plans to include and be based on comprehensive, accurate, and current 
inventories of actual emissions from all sources of relevant pollutants 
in the nonattainment areas. On March 14, 1995 (60 FR 13631), EPA 
approved base year (1990) VOC emission inventories for the Chicago and 
Metro-East St. Louis ozone nonattainment areas (the inventories also 
included major source emissions from surrounding areas). The VOC 
emissions from these emission inventories establish the baseline for 
Illinois' ROP and contingency plans.
    It should be noted throughout the discussions that follow that 
volatile organic emissions are referred to as VOC emissions. In the 
Illinois ROP and contingency plans (as well as in the base year 
emission inventory documentation), the State uses the term ``Volatile 
Organic Material (VOM)'' rather than VOC. The State's definition of VOM 
is equivalent to EPA's definition of VOC. The two terms are 
interchangeable when discussing volatile organic emissions. For 
consistency with the Act and with EPA policy, the term VOC is used in 
this rulemaking. VOC emissions referred to in today's action are 
identical to VOM emissions referred to in Illinois' ROP and contingency 
measure plans.

C. Required VOC Emission Reductions

    Following EPA ROP guidelines (primarily guidance contained in the 
Guidance on the Adjusted Base Year

[[Page 66282]]

Emissions Inventory and the 1996 Target of the 15 Percent Rate of 
Progress Plans, EPA-452/R-92-005, October 1992, and in the Guidance for 
Growth Factors, Projections, and Control Strategies for the 15 Percent 
Rate-of-Progress Plans, EPA-452/R-93-002, March 1993), the IEPA has 
determined that creditable VOC reductions (as opposed to noncreditable 
emission reductions defined in section 182(b)(1)(D) of the Act) of 
249.98 tons per day (TPD) for the Chicago ozone nonattainment area, and 
26.66 TPD for the Metro-East St. Louis ozone nonattainment area are 
needed to achieve the 15% ROP requirement. To meet the 3 percent 
contingency requirement, the IEPA determined that the contingency 
measures must also be able to achieve a 31.92 TPD VOC emission 
reduction in the Chicago ozone nonattainment area and 4.96 TPD VOC 
emission reduction in the Metro-East St. Louis ozone nonattainment 
area. The IEPA has fully documented the calculation of these emission 
reduction requirements and has shown that EPA recommended procedures 
were followed. This documentation includes identification of emission/
source growth factors and noncreditable emission reductions from 
emission controls referenced in section 182(b)(1)(D) of the Act. Tables 
1 and 2 summarize the calculation of emission reductions needed by 
1996.

  Table 1.-- Emission Reductions Required by 1996 for the Chicago Area  
------------------------------------------------------------------------
         Calculation of reduction needs by 1996            Tons VOC/day 
------------------------------------------------------------------------
1990 Chicago Area Total VOC Emissions...................        1,363.40
1990 ROP Emissions (Anthropogenic only).................        1,216.56
1990-1996 Noncreditable Reductions (Reductions from 1990                
 RVP, Pre-1990 FMVCP, and RACT Fix-up Regulations)......          199.93
1990 Adjusted Base Year Emissions (1990 ROP Emissions                   
 minus Noncreditable Reductions)........................        1,064.05
15 Percent of Adjusted Base Year Emissions..............          159.61
Total Required Emission Reductions by 1996 (15 Percent                  
 of Adjusted Base Year Emissions plus Noncreditable                     
 Reductions)............................................          359.54
1996 Target Level (1990 ROP Emissions minus Total                       
 Required Emission Reductions by 1996)..................          857.02
1996 Projected Emissions (1990 Adjusted Base Year                       
 Emissions plus Growth Factors).........................        1,107.00
Reduction Needs By 1996 To Achieve 15 Percent Net Of                    
 Growth (1996 Projected Emissions plus 1996 Target                      
 Level).................................................          249.98
Contingency Measure Requirement (3% of Adjusted Base                    
 Year Emissions)........................................           31.92
                                                         ---------------
    Total Emission Reductions Required..................          281.90
------------------------------------------------------------------------

  Table 2.--Emission Reductions Required by 1996 for the Metro-East St. 
                               Louis Area                               
------------------------------------------------------------------------
         Calculation of reduction needs by 1996            Tons VOC/day 
------------------------------------------------------------------------
1990 Metro-East Area Total VOC Emissions................          234.79
1990 ROP Emissions (Anthropogenic only).................          174.65
1990-1996 Noncreditable Reductions (1990 RVP, Pre-1990                  
 FMVCP, and RACT Fix-Up Reductions).....................           10.75
1990 Adjusted Base Year Emissions (1990 ROP Emissions                   
 minus Noncreditable Reductions)........................          165.24
15 Percent of Adjusted Base Year Emissions..............           24.79
Total Required Emission Reductions by 1996 (15 Percent                  
 of Adjusted Base Year Emissions plus Noncreditable                     
 Reductions)............................................           35.54
1996 Target Level (1990 ROP Emissions minus Total                       
 Required Emission Reductions by 1996)..................          139.11
1996 Projected Emissions (1990 Adjusted Base Year                       
 Emissions plus Growth Factors).........................          165.77
Reduction Needs By 1996 To Achieve 15 Percent Net Of                    
 Growth (1996 Projected Emissions minus 1996 Target                     
 Level).................................................           26.66
Contingency Measure Requirement (3% of Adjusted Base                    
 Year Emissions)........................................            4.96
                                                         ---------------
    Total Emission Reductions Required..................           31.62
------------------------------------------------------------------------

D. Control Measures

    Tables 3 and 4 below summarize the creditable emission reductions 
from the 15% ROP and 3% contingency plan control measures. These tables 
indicate the emission reduction credit the State has claimed for each 
control measure, and the actual emission reduction credit which EPA 
finds acceptable. Unless otherwise noted, the emission control measures 
apply to both the Chicago and Metro-East St. Louis ozone nonattainment 
areas. Table 5 indicates the date of EPA approval of State adopted 
control measures, date of EPA promulgation of Federal control measures, 
or an identification of the source for taking credit for a control 
measure, where EPA promulgation has not occurred. Following the tables 
is a discussion describing each of the emission control measures 
selected to help achieve ROP and contingency measure plan requirements, 
and EPA's review of the emission reduction claimed for each control 
measure. (Note that the IEPA, in describing the selected emission 
control measures and emission reduction impacts, does not distinguish 
between ROP plan measures and contingency plan measures).
    Emission reductions not needed to achieve 15 percent ROP and 3 
percent contingency requirements in the Chicago and Metro-East St. 
Louis ozone nonattainment areas, respectively, will be applied toward 
achieving the post-1996 ROP requirement, leading to attainment of the 
ozone air quality standard. (Post-1996 ROP plans are required to be 
submitted under section 182(c)(2)(B) of the Act).
    Certain federal measures relied on by Illinois to meet the 15 
percent ROP requirement were not implemented by 1996: non-road small 
engine standards, Toxic Substance Disposal Facility (TSDF) RACT Phase 
II Controls, Architectural and Industrial Maintenance (AIM) coating, 
traffic coating, and consumer and commercial products solvent control. 
Many of the 15 percent ROP SIPs originally submitted to EPA have relied 
on some of these federal measures as well as reductions from enhanced 
I/M programs which were not implemented by 1996. Consequently, it is no 
longer possible for these States to achieve the portion of the 15 
percent reductions attributed to these programs by November 15, 1996. 
Under these circumstances, disapproval of the 15 percent SIPs would 
serve no

[[Page 66283]]

purpose. Therefore, in these circumstances, EPA will approve a 15 
percent ROP plan SIP if the emission reductions under the plan will 
achieve the 15 percent level as soon after November 15, 1996, as 
practicable. To make this ``as soon as practicable'' determination, the 
EPA must determine that the 15 percent ROP plan contains all VOC 
control strategies that are practicable for the nonattainment area in 
question and that meaningfully accelerate the date by which the 15 
percent level is achieved. The EPA does not believe that measures 
meaningfully accelerate the 15 percent date if they provide only an 
insignificant amount of reductions. However, as a minimum requirement, 
EPA will approve a 15 percent SIP only if it achieves the reductions 
from the measures needed to reach the 15 percent level by no later than 
November 15, 1999.
    The federal rules for federal non-road small engine standards and 
TSDF RACT Phase II have been promulgated and emission reductions will 
occur before November 15, 1999. Proposed rules have been published for 
AIM coatings, traffic coatings, and consumer and commercial products, 
and EPA expects final rules to be promulgated in 1998, with compliance 
dates for these rules to occur no later than November 15, 1999. EPA has 
reviewed other VOC SIP measures that are at least theoretically 
available to Illinois, and has concluded that implementation of any 
such measure that might be appropriate would not accelerate the date of 
achieving the 15 percent reductions. Therefore, EPA finds that 
Illinois' ROP plans for the Chicago and Metro-East ozone nonattainment 
areas achieve 15 percent emission reduction as soon as practicable.

   Table 3.--Control Measures for the Chicago Ozone Nonattainment Area  
------------------------------------------------------------------------
                                                           VOC reduction
                                           VOC reduction      credit    
             Control Measure               state claimed  accepted tons/
                                             tons/day           day     
------------------------------------------------------------------------
Mobile Source Measures:                                                 
    Enhanced Vehicle I/M Program........           19.60       See below
    Conventional TCMs...................            2.00            2.00
    National Energy Policy Act of 1992..            0.20            0.20
    Post-1994 Tier 1 Vehicle Emission                                   
     Rates..............................            2.40            2.40
    1995 Reformulated Gasoline..........          112.79          112.79
    1992 Vehicle I/M Program Amendments.            8.40            8.40
    Federal Detergent Additive Gasoline.            2.20            2.20
    Federal Non-Road Small Engine                                       
     Standards..........................            4.37            4.37
                                         -------------------------------
        Subtotal........................          151.96          132.36
Industrial Source Measures:                                             
    RACT Geographic Expansion...........            3.43            3.43
    Expanded RACT--Lowered Source Size                                  
     Cutoffs (25 Tons Per Year).........            2.78            2.78
    New Control Technique Guidelines                                    
     (CTG):                                                             
        Batch Processes.................           12.60            3.21
        Industrial Waste Treatment                                      
         Facilities (IWTF)..............            0.14            0.14
        Volatile Organic Liquid (VOL)                                   
         Storage........................            2.18            2.18
        Plastic Parts Coating...........            0.28            0.28
        Lithographic Printing...........            4.06            4.06
        Automobile Refinishing..........           16.30           16.30
    Coke Oven National Emission Standard                                
     for Hazardous Air Pollutants                                       
     (NESHAP)/Maximum Available Control                                 
     Technology (MACT)..................            6.93            6.93
    SOCMI NESHAP........................            1.33            1.33
    TSDF RACT Phase I and II Controls...            2.08            2.08
    Marine Vessel Loading...............            1.40            1.40
    Tightening of RACT Standards and                                    
     Source Size Cutoffs................           12.05           12.05
    Plant Shut-Downs....................           31.60           31.60
    Improved Rule Effectiveness from                                    
     Clean Air Act Permit Program                                       
     (CAAPP)............................           26.30           26.30
                                         -------------------------------
        Subtotal........................          123.46          114.07
Area Source Measures:                                                   
    Stage II Service Station Vapor                                      
     Recovery...........................           23.67           23.67
    AIM Coating.........................           13.28           10.60
    Traffic and Maintenance Coatings....            3.73            3.73
    Underground Gasoline Storage Tank                                   
     Breathing Control..................            4.87            4.87
    Consumer and Commercial Products                                    
     Solvent Control....................            8.10            8.10
                                         -------------------------------
        Subtotal........................           53.65           50.97
                                         ===============================
        Total...........................          329.07          297.40
------------------------------------------------------------------------

      Table 4.--Control Measures for the Metro-East St. Louis Ozone     
                           Nonattainment Area                           
------------------------------------------------------------------------
                                           VOC reduction                
                                              credit       VOC reduction
             Control measure                 requested        credit    
                                               (TPD)      approved (TPD)
------------------------------------------------------------------------
Mobile Source Measures:                                                 
    Enhanced Vehicle I/M Program........            4.80       See below
    Conventional TCMs...................            0.20            0.20

[[Page 66284]]

                                                                        
    Post-1994 Tier 1 Vehicle Emission                                   
     Rates..............................            0.19            0.19
    7.2/8.2 psi RVP Conventional                                        
     Gasoline...........................            8.55            8.55
    1992 Vehicle I/M Program Amendments.            0.20            0.20
    Federal Detergent Additive Gasoline.            0.20            0.20
    Federal Non-Road Small Engine                                       
     Standards..........................            0.42            0.42
                                         -------------------------------
        Subtotal........................           14.56            9.76
Industrial Source Measures:                                             
    New CTGs or Available CTGs:                                         
        Batch Processes.................            0.36            0.36
        IWTF............................            0.10            0.10
        Automobile Refinishing..........            1.20            1.20
    Coke Oven NESHAP/MACT...............            0.10            0.10
    SOCMI NESHAP........................            0.26            0.26
    TSDF RACT Phase I and II Controls...            0.06            0.06
    Marine Vessel Loading...............           11.82           11.82
    Tightening of RACT Standards and                                    
     Source Size Cutoffs................            0.39            0.39
    Plant Shut-Downs....................            1.44            1.44
    Improved Rule Effectiveness from                                    
     CAAPP..............................            9.50            9.50
    Hazardous Air Pollutant (HAP)                                       
     Standards Early Reduction Program..            0.74            0.74
                                         -------------------------------
        Subtotal........................           25.97           25.97
Area Source Measures:                                                   
    AIM Coating.........................            0.94            0.75
    Traffic and Maintenance Coating.....            0.62            0.62
    Underground Gasoline Storage Tank                                   
     Breathing Control..................            0.44            0.44
    Consumer and Commercial Product                                     
     Solvent Reduction..................            0.58            0.58
                                         -------------------------------
        Subtotal........................            2.58            2.39
                                         ===============================
        Total...........................           43.11           38.12
------------------------------------------------------------------------

     Table 5.--Federal Approval or Promulgation of Control Measures     
------------------------------------------------------------------------
       Control measure                    Date of EPA approval          
------------------------------------------------------------------------
Chicago Area TCMs............  September 21, 1995 (60 FR 4886).         
Metro-East Area TCMs.........  Date of EPA approval action is date of   
                                today's Federal Register. See discussion
                                below.                                  
1992 National Energy Policy    Federal Regulation March 14, 1996 (61 FR 
 Act.                           10621).                                 
Post-1994 Tier 1 Vehicle       Federal Regulation June 5, 1991 (56 FR   
 Emission Rates.                25724).                                 
1995 Reformulated Gasoline...  Federal Regulation February 16, 1994 (59 
                                FR 7716).                               
Metro-East area 7.2 psi RVP    March 23, 1995 (60 FR 5318).             
 Conventional Gasoline Rule.                                            
1992 Vehicle I/M Program       April 9, 1996 (61 FR 15715).             
 Amendments.                                                            
Federal Gasoline Detergent     Federal Regulation November 1, 1994 (59  
 Additive.                      FR 54706).                              
Federal Non-Road Small Engine  Federal Regulation August 2, 1995 (60 FR 
 Standards.                     34582) See ``Guidance on Projection of  
                                Nonroad Inventories to Future Years,''  
                                February 4, 1994, and ``Future Nonroad  
                                Emission Reduction Credits for Court-   
                                Ordered Nonroad Standards,'' November   
                                28, 1994.                               
Chicago Area RACT Geographic   September 9, 1994 (59 FR 46562).         
 Expansion.                                                             
Chicago Area Expanded RACT--   October 21, 1996 (61 FR 54556).          
 Lowered Size Cutoffs (25                                               
 Tons VOC Per Year).                                                    
Batch Processes..............  April 2, 1996 (61 FR 14484).             
IWTF.........................  Federal Regulation April 22, 1994 (59 FR 
                                19468).                                 
VOL Storage Tanks............  August 8, 1996 (61 FR 41338).            
Plastic Parts Coating........  October 26, 1995 (60 FR 54807).          
Lithographic Printing........  November 8, 1995 (60 FR 56238).          
Automobile Refinishing.......  July 25, 1996 (61 FR 38577).             
Coke Oven NESHAP.............  Federal Regulation October 27, 1993 (58  
                                FR 57911).                              
SOCMI NESHAP.................  Federal Regulation April 22, 1994 (59 FR 
                                19454).                                 
TSDF RACT (RCRA) Phase I and   Federal Regulation Phase I, June 21, 1990
 II.                            (55 FR 25454) Phase II, December 6, 1994
                                (59 FR 62896) See ``Credit Toward the 15
                                Percent Rate-Of-Progress Reductions from
                                Federal Measures,'' May 6, 1993.        
Marine Vessel Loading Control  April 3, 1995 (60 FR 16801).             
Tightened RACT Coating         February 13, 1996 (61 FR 5511).          
 Standards.                                                             
Tightened RACT SOCMI Air       September 27, 1995 (60 FR 49770).        
 Oxidation.                                                             
Plant Shut-downs.............  See discussion below.                    
Improved Rule Effectiveness    March 7, 1995 (60 FR 12478).             
 from CAAPP.                                                            
HAP Standards Early Reduction  Federal Regulation November 21, 1994 (59 
 Program.                       FR 59924).                              
Underground Gasoline Storage   March 23, 1995 (60 FR 15233).            
 Tank Breathing Controls.                                               

[[Page 66285]]

                                                                        
Stage II Gasoline Vapor        January 12, 1993 (58 FR 3841).           
 Recovery.                                                              
AIM Coatings.................  Creditable toward ROP. See ``Update on   
                                the Credit for the 15 Percent ROP Plans 
                                for Reductions from the AIM Coatings    
                                Rule,'' March 7, 1996.                  
Traffic and Maintenance        Creditable toward ROP. See ``Update on   
 Coatings.                      the Credit for the 15 Percent ROP Plans 
                                for Reductions from the AIM Coatings    
                                Rule,'' March 7, 1996.                  
Consumer and Commercial        Creditable toward ROP. See ``Regulatory  
 Products Solvent Control.      Schedule for Consumer and Commercial    
                                Products under Section 183(e) of the    
                                Clean Air Act,'' June 22, 1995.         
------------------------------------------------------------------------

1. Mobile Sources
    a. Enhanced Vehicle I/M. The Illinois 15 percent ROP plan submittal 
claims emission reduction credit for enhanced vehicle I/M for the 
Chicago and Metro-East St. Louis areas. The State has signed a contract 
for the construction and implementation of enhanced I/M, which provides 
that enhanced I/M testing will begin in January 1999. Based on EPA's 
review of the State's plan submittal, the State has adopted sufficient 
measures, in conjunction with credit from certain Federal measures, to 
achieve 15 percent ROP and 3 percent contingency requirements without 
enhanced I/M. Enhanced I/M will play a significant role in achieving 
post-1996 9 percent ROP requirements, and ultimately, help bring the 
Chicago and Metro-East St. Louis ozone nonattainment areas into 
attainment of the public health based ozone air quality standards. The 
amount of emission reduction credit which can be taken for enhanced I/M 
will be determined when Illinois submits and EPA takes action on the 
State's 9 percent ROP plan.
    b. Conventional TCMs. The Metropolitan Planning Organizations (MPO) 
for the Chicago and Metro-East St. Louis areas (Chicago Area 
Transportation Study and East-West Gateway Coordinating Council, 
respectively) are administering a number of TCM projects to both reduce 
vehicle miles traveled (VMT) and the amount of VOC emissions per VMT. 
The projects have been programmed and funded through the areas' 
Transportation Improvement Programs (TIP) under the federal Congestion 
Mitigation and Air Quality Improvement Program (CMAQ).2 
Illinois is claiming emission reductions from the TCMs in its 15 
percent ROP plans for the Chicago and Metro-East areas.
---------------------------------------------------------------------------

    \2\ MPOs can utilize United States Department of Transportation 
(DOT) funds from CMAQ. CMAQ is a federal program which provides 
funding for transportation related projects and programs designed to 
contribute to attainment of air quality standards.
---------------------------------------------------------------------------

    States can take credit for TCMs which are approved as revisions to 
the SIP. EPA's requirements for TCMs are summarized in the June 1993, 
EPA guidance document, Guidance on Preparing Enforceable Regulations 
and Compliance Programs for the 15 Percent Rate-of-Progress Plans. The 
required elements are (1) a complete description of the measure, and, 
if possible, its estimated emissions reduction benefits; (2) evidence 
that the measure was properly adopted by a jurisdiction(s) with legal 
authority to execute the measure; (3) evidence that funding will be 
available to implement the measure; (4) evidence that all necessary 
approvals have been obtained from all appropriate government offices; 
(5) evidence that a complete schedule to plan, implement, and enforce 
the measure has been adopted by the implementing agencies; and (6) a 
description of any monitoring program to evaluate the measure's 
effectiveness and to allow for necessary in-place corrections or 
alterations.
    The Chicago area TCMs were approved on September 21, 1995 (60 FR 
4886). The Metro-East St. Louis area's 15 percent ROP plan includes 
work trip reductions, transit improvements, and traffic flow 
improvements TCMs. These TCMs are being approved in today's action as a 
revision to the SIP because they fully satisfy all the requirements 
based on the following: (1) a complete description of the program and 
estimated emission reduction are provided in documentation included in 
the docket for this rulemaking action; (2) the measure has been adopted 
by the East-West Gateway Coordinating Council, the authorized MPO for 
the St. Louis metropolitan area; (3) the program is currently operating 
and has received federal CMAQ program money for operation; (4) all 
necessary approvals have been obtained from DOT in the FY 1994-1997 TIP 
(which includes the TCMs); (5) the TIP provides the schedule, 
implementation mechanism, and also the enforcement mechanism for the 
TCM (the conformity provisions in 40 CFR part 93 provide that TCMs in 
an approved SIP must be implemented on schedule before a conformity 
determination can be made by DOT); and (6) the CMAQ program requires 
monitoring of programs funded under CMAQ and annual reports to DOT on 
achieved emission reductions.
    The emission reductions claimed in the ROP plans for both the 
Chicago and Metro-East TCMs are adequately documented and acceptable.
    c. National Energy Policy Act of 1992. The National Energy Policy 
Act (EPAct) was enacted in October 1992. EPAct mandates implementation 
(use) of Alternative Fueled Vehicles (AFVs) in federal, State, and 
utility fleets. EPAct requires that 25% of new vehicle purchases by 
federal fleets, 10% of new vehicle purchases by State fleets, and 30% 
of new vehicle purchases by utility fleets must be AFVs beginning in 
1996. IEPA estimated that EPAct would implement approximately 2,000 
AFVs in the Chicago Area by 1996. The EPA mobile source emission factor 
model, MOBILE5a, was used to determine the impacts of EPAct on mobile 
source emissions. The State's emission reduction estimates for this 
federal measure are adequately documented and acceptable.
    d. Post-1994 Tier 1 Emission Rates. Section 202 of the Act sets new 
Tier 1 emission standards for motor vehicles, some of which will be 
implemented prior to the end of 1996. The Tier 1 standards are 
approximately twice as stringent as prior (established prior to the 
1990 Clean Air Act amendments) motor vehicle emission standards. For 
passenger cars and light-duty trucks weighing up to 6,000 pounds, the 
implementation of the standards is to be phased-in over three years, 40 
percent of the manufactured vehicles for model year 1994, 80 percent of 
the manufactured vehicles in model year 1995, and 100 percent of the 
manufactured vehicles in the model year 1996 and later. For gasoline 
and diesel powered light-duty trucks weighing more than 6,000 pounds, 
the Tier 1 standards are to be met in 50 percent of the manufactured 
vehicles in model year 1996 and in 100 percent of the manufactured 
vehicles thereafter.
    The IEPA has determined that the emission reductions resulting from 
these tightened vehicle standards are

[[Page 66286]]

creditable toward the 15 percent ROP plan and used the MOBILE5a 
emission factor model to calculate the VOC emission reductions for this 
control measure. The State's emission reduction estimates are 
adequately documented and acceptable.
    e. 1992 I/M Program Amendments. As a result of an agreement 
resolving a lawsuit between Wisconsin and EPA, the State of Illinois 
added a tamper check and two-speed idle test to the basic I/M program 
in the Chicago metropolitan area. The I/M program area coverage was 
also increased to encompass almost all of the Chicago metropolitan 
area. These changes in the I/M program were implemented in 1992, and 
were approved by EPA on April 9, 1996 (61 FR 15715). Similar changes in 
the components of the I/M program were implemented in the Metro-East 
St. Louis area, as well.
    The IEPA used the MOBILE5a emission factor model to estimate the 
emission reductions for both areas. The State's emission reduction 
estimates are adequately documented and are acceptable.
    f. Federal Detergent Gasoline Additive. The Federal detergent 
gasoline additive regulation was promulgated November 1, 1994 (59 FR 
54706). This regulation requires, beginning January 1, 1995, that 
gasoline sold nationwide contain additives to prevent accumulation of 
deposits in engines and fuel systems. Preventing such deposits 
maintains the efficiencies of engine systems and reduces VOC emissions 
resulting from engine efficiency degradation.
    The State has reviewed guidance from EPA's Office of Mobile Sources 
which indicates that the use of gasoline containing the required 
additives will reduce vehicle VOC emissions by 0.7 percent in 1996. 
This guidance is the basis for the VOC emission reductions claimed in 
the 15 percent ROP plans for this control measure. The emission 
reduction estimates are acceptable.
    g. Federal Non-Road Small Engine Standards. Federal standards for 
non-road engines (25 horsepower and below) were promulgated on July 3, 
1995 (60 FR 34582). The standards would primarily affect 2 stroke and 4 
stroke lawn and garden equipment and light commercial, construction, 
and logging equipment. Although full implementation of this control 
measure will not occur until after November 15, 1996, the States can 
take credit for this measure pursuant to EPA policy memoranda, 
``Guidance on Projection of Nonroad Inventories to Future Years,'' 
February 4, 1994, and ``Future Nonroad Emission Reduction Credits for 
Court-Ordered Nonroad Standards,'' November 28, 1994. Based on this 
policy, the IEPA assumed that the Federal non-road small engine 
standards would reduce 1996 VOC emissions from these sources by 4.5 
percent. The IEPA also assumes that these rules will have a rule 
effectiveness of 100 percent because the rules affect all manufacturers 
of small engines in the nation. The 4.5 percent emission reduction 
claim is assumed to appropriately account for rule penetration (the 
fraction of small engine emissions affected by the rule). The assumed 
emission reduction percentage is acceptable.
    h. Reformulated Gasoline. Beginning January 1, 1995, sellers of 
gasoline in the Chicago ozone nonattainment area were required to sell 
only reformulated gasoline as required under federal regulation 
promulgated February 16, 1994 (59 FR 7716). Using the MOBILE5a emission 
factor model, the IEPA has determined that the use of reformulated 
gasoline will result in a 15 percent reduction in vehicle VOC 
emissions. The IEPA notes that the use of reformulated gasoline will 
also result in lower gasoline marketing and off-road engine emissions 
in the Chicago ozone nonattainment area. The emission reduction 
estimates are adequately documented and acceptable.
    i. 7.2 RVP Gasoline. On October 25, 1994, the IEPA submitted to the 
EPA a SIP revision request for the purpose of lowering the RVP of 
gasoline from 9.0 pounds per square inch (psi) to 7.2 psi in the Metro-
East St. Louis ozone nonattainment area. EPA approved this SIP revision 
on March 23, 1995 (60 FR 15233). The Illinois rule requires the use of 
7.2 psi RVP gasoline in the Metro-East St. Louis area during the period 
of June 1 through September 15 each year beginning in 1995. The rule 
grants a 1 psi waiver for ethanol blended gasolines that have an 
ethanol content between 9 and 10 percent ethanol by volume.
    The IEPA used the MOBILE5a emission factor model to calculate the 
resulting VOC emission reduction for on-highway mobile sources. 
Illinois used a RVP ratio (reduced RVP versus average RVP of gasoline 
sold in 1990) along with 1996 gasoline usage estimates to calculate the 
VOC emission reduction from gasoline marketing sources. The calculation 
of the emission reduction is adequately documented and acceptable.
2. Industrial Sources
    a. RACT Geographic Expansion. The State, on August 13, 1992, 
adopted a rule to expand the coverage of existing RACT regulations to 
include Oswego Township in Kendall County, and Aux Sable and Goose Lake 
Townships in Grundy County. This geographic expansion has affected 
several facilities, which are adequately documented in the ROP plan 
submittal. EPA approved this expansion on September 9, 1994 (59 FR 
46562). The emission reduction estimate is acceptable.
    b. RACT--Reduction in Major Source Threshold. Section 182(d) of the 
Act defines ``major source'' for severe ozone nonattainment areas to 
include any stationary source or group of sources located within a 
contiguous area and under common control that emits, or has the 
potential to emit, at least 25 tons of VOC per year. This establishes a 
maximum source size cutoff for the application of RACT rules (the State 
has adopted RACT rules with much smaller source size cutoffs for most 
applicable source categories) for severe ozone nonattainment areas, 
such as the Chicago area.
    On January 6, 1994, the Illinois Pollution Control Board (IPCB) 
adopted modified source size cutoffs of 25 tons per year, potential to 
emit, for flexographic/rotogravure printing operations, petroleum 
solvent dry cleaners, and non-Control Technology Guideline (non-CTG) 
sources in the Chicago ozone nonattainment area. Other source 
categories regulated in the Chicago area are covered by category-
specific source size applicability cutoffs well below the 25 ton VOC 
per year specified in section 182(d) of the Act. EPA approved this 
regulation on October 21, 1996 (61 FR 54556). The State's emission 
reduction estimates for this rule are adequately documented and 
acceptable.
    c. Post-1990 CTG Rules. Section 182(b)(2)(A) of the Act requires 
States with moderate and above ozone nonattainment areas to adopt RACT 
rules covering post-1990 CTG source categories. Illinois claimed 
emission reduction credit for many of the State rules adopted to meet 
the section 182(b)(2)(A) requirement. The following briefly discusses 
these rules and claimed emission reduction credit taken by the State:
    i. Batch Processes. Illinois' batch process rule controls VOC 
emissions from batch chemical processes found in the following 
industries: plastic materials and resin manufacturing; cyclic crudes 
and intermediates manufacturing and processing; industrial organic 
chemical manufacturing; pharmaceuticals manufacturing; gum and wood 
chemicals manufacturing; and agricultural chemicals manufacturing. This 
rule was derived from an EPA draft

[[Page 66287]]

CTG dated December 29, 1993, and an EPA Alternative Control Techniques 
(ACT) document completed in February 1994. The rule was approved by EPA 
on April 2, 1996 (61 FR 14484). The IEPA used RACT flow rate equations 
from the draft CTG for the development of the control specifications of 
batch processes. Emissions must be controlled using condensers, 
absorbers, adsorbers, thermal destruction systems, flares, thermal 
incinerators, or catalytic incinerators. In determining the 
applicability of the control requirements of the rule, owners or 
operators must determine the actual average flow rates for vent 
streams. If the actual average vent stream flow rate (standard cubic 
feet per minute) is below the applicability flow rate value calculated 
using the RACT flow rate equations (specific to volatility), the VOC 
from a process vent must be controlled with a reduction efficiency of 
90 percent (or down to a VOC concentration of no more than 20 parts per 
million volume). Sources are exempted from emission controls if the 
annual VOC emissions are less than 500 pounds for individual batch 
operations or less than 30,000 pounds for a batch process train. The 
owner or operator must keep records of average flow rates during 
testing periods and annual VOC mass emission rates. Compliance with 
this rule is required by March 15, 1996.
    The IEPA has determined there are 15 affected facilities in the 
Chicago ozone nonattainment area and 3 affected facilities in the 
Metro-East St. Louis ozone nonattainment area. The EPA accepts the 
emission reductions of 3.21 TPD claimed for facilities in the Chicago 
area, and 0.36 TPD in the Metro-East area.
    It should be noted that the State, during discussions with the EPA, 
has raised the point that a significant additional VOC emission 
reduction may be claimed for this source category. In the earlier 
submittals, the State indicated a significant emission reduction of 
9.39 TPD for an alcohol stripper unit at the Stepan Company's Millsdale 
facility (Chicago ozone nonattainment area) (permit/source number 
78030038087). The State and EPA are working with the affected company 
to determine the exact timing of the emission reduction. If it is 
ultimately determined that the emission reduction occurred after 1990, 
the State will seek the correction of the ROP plan to credit this 
emission reduction in the post-1996 ROP plans.
    ii. IWTF. The State is claiming emission reduction from the NESHAP 
for this source category, 40 CFR part 63, subpart G, promulgated April 
22, 1994 (59 FR 19468). The State's emission reduction estimates for 
this rule are adequately documented and acceptable. It should be noted, 
however, that the IEPA is still expected to develop a State rule for 
this source category to implement RACT. If a RACT level rule is adopted 
and implemented in the near future, the State may claim additional 
emission reduction credits for this source category in the post-1996 
ROP plans.
    iii. VOL Storage. On November 30, 1994, the IEPA submitted an 
adopted rule and supporting information for the control of VOC 
emissions at VOL storage operations in the Chicago and Metro-East St. 
Louis ozone nonattainment areas. The EPA approved this rule on August 
8, 1996 (61 FR 41339).
    The VOL storage emission control requirements apply to facilities 
storing VOLs with vapor pressures of 0.75 pounds per square inch 
absolute (psia) or greater (facilities storing VOLs with vapor 
pressures equal to or exceeding 0.5 psia must keep records of VOLs 
stored including VOL vapor pressures) in any storage tank of 40,000 
gallons capacity or greater. The rule does not apply to vessels storing 
petroleum liquids, which are covered under other rules.
    For fixed roof tanks, the VOL storage rule requires the 
installation of internal floating roofs with foam or liquid-filled 
seals and secondary seals to close the gap between the tank's inner 
wall and the floating roof. These controls must be implemented by March 
15, 1996.
    External floating roof tanks must be equipped with primary and 
secondary seals before March 15, 2004, or at the time of the next tank 
cleaning, whichever comes first.
    For internal floating roof tanks, the internal floating roofs must 
be equipped with primary and secondary seals before March 15, 2004, or 
at the time of the next tank cleaning, whichever comes first.
    Sources may also use closed vent systems and emission control 
devices provided the emission control systems are operated with no 
detectable emissions or monitored VOC concentrations above 500 parts 
per million above background levels. Control devices must be operated 
to reduce VOC emissions by at least 95 percent. Storage vessels of 
40,000 gallons or greater storage capacity that store VOLs with a 
maximum true vapor pressure equal to or greater than 11.1 psia must be 
equipped with a closed vent system and emission control device with 
emission control efficiency equal to or greater than 95 percent.
    Recognizing that only fixed roof tanks would be required to 
implement emission controls by the end of 1996, the IEPA claimed 
emission reductions for only these types of tanks. The emission 
reduction estimates are adequately documented and acceptable.
    iv. Plastic Parts Coating. On May 5, 1995, the IEPA submitted an 
adopted rule for the control of VOC emissions from automotive/
transportation and business machine plastic parts coating operations in 
the Chicago and Metro-East St. Louis ozone nonattainment areas (no 
applicable sources exist in the Metro-East St. Louis area). The EPA 
approved this rule on October 25, 1995 (60 FR 54807).
    The rule specifies the VOC content limits for various types of 
coating distinguishing between coating of automotive/transportation 
plastic parts and business machine plastic parts (see 60 FR 54808). 
Sources may also choose to use add-on control devices which achieve 
equivalent emission reductions. Compliance with this rule must be met 
by March 15, 1996. The emission reductions claimed for this source 
category are adequately documented and acceptable.
    v. Lithographic Printing. Using EPA's September 1993 draft CTG for 
this source category, the IEPA developed a regulation establishing VOC 
content limits, emission control requirements, and required work 
practices for this source category. The State's rule includes 
limitations on the VOC content of fountain solutions and cleaning 
solutions. The rule also provides for the use of afterburners and other 
emission control devices for heat set web offset lithographic printing 
operations. The rule establishes recordkeeping, testing, and reporting 
requirements as well as work-practice requirements, such as a 
requirement for the storage of cleaning materials and spent cleaning 
solutions in air-tight containers.
    The rule is applicable to all lithographic printing lines at a 
facility if the VOC emissions, in total, from the lithographic printing 
lines exceed 45.5 kilograms per day or 100 pounds per day. The rule 
also applies to facilities with heat set web offset printing lines if 
the maximum theoretical emissions of VOC, in total, ever exceed 90.7 
megagrams per year or 100 tons per year. Compliance with the rule is 
required by March 15, 1996. The EPA approved this rule on November 8, 
1995 (60 FR 56238).
    The IEPA has determined that 113 facilities in the Chicago ozone 
nonattainment area will be potentially affected by the rule, with 49 
facilities likely to require new emission controls

[[Page 66288]]

or process modifications. Only one facility in the Metro-East St. Louis 
area is expected to be affected by the rule, with no anticipated 
reduction in VOC emissions. Emission reduction credits for the Chicago 
facilities were calculated using the emission reduction factors for 
add-on controls, fountain solution reformulation or process 
modification, and cleaning solution reformulation provided for model 
plants in the September 1993 draft CTG. The emissions reduction credit 
claimed is adequately documented and acceptable.
    vi. Automobile Refinishing. The EPA, on the behalf of the IEPA, 
contracted with Midwest Research Institute (MRI) to conduct a study of 
the motor vehicle refinishing industry in the Chicago and Metro-East 
ozone nonattainment areas. This study included an estimate of the 1990 
base year emissions and the study report recommended emission control 
strategies and possible resultant emission reductions. The study 
concluded that approximately 1,463 refinishing shops are located in the 
Chicago ozone nonattainment area, and 107 are located in the Metro-East 
ozone nonattainment area.
    Based on the study, review of similar regulations developed by the 
California Air Resources Board (CARB), and discussions with local 
automobile refinishing representatives, the IEPA adopted the following 
coating VOC content limits (pounds VOC per gallon of coating, minus 
water and exempt compounds):

Pretreatment Wash Primer.......................................      6.5
Precoat........................................................      5.5
Primer/Primer Surfacer Coating.................................      4.8
Primer Sealer..................................................      4.6
Topcoat System.................................................      5.0
Basecoat/Clearcoat.............................................      5.0
Three or Four Stage Topcoat System.............................      5.2
Specialty Coatings.............................................      7.0
Anti-Glare/Safety Coating......................................      7.0
                                                                        

    In addition to these VOC content limits, the regulation also 
establishes VOC content limits for surface preparation/cleaning 
products (6.5 pounds VOC per gallon of plastic parts cleaning compounds 
and 1.4 pounds of VOC per gallon of other surface cleaning/preparation 
products). The rule also requires the use of gun cleaners designed to 
minimize solvent evaporation during the cleaning, rinsing, and draining 
operations with recirculation of solvent during the cleaning operation 
and collection of spent solvent. Spent and fresh solvent must be stored 
in closed containers. Coating application must be done using High 
Volume, Low Pressure guns or electrostatic application systems. As an 
alternative to the VOC content limits, a facility may use add-on 
control systems, such as incinerators or carbon adsorbers, which would 
reduce VOC emissions by at least 90 percent. Facilities that use less 
than 20 gallons of coatings per year total are exempted from the 
coating application and gun cleaner equipment requirements.
    Refinishing facilities are required to keep monthly records of 
coating purchases and the VOC contents of these coatings. Facilities 
are also required to use coatings in accordance with the coating 
manufacturer's specifications. Compliance with the rule must be met by 
March 15, 1996. The EPA approved the rule on July 25, 1996 (61 FR 
38577). The emission reduction estimates for this rule are adequately 
documented and acceptable.
    d. Coke Oven NESHAP. The coke oven NESHAP, 40 CFR part 63, subpart 
L, promulgated on October 27, 1993 (58 FR 57911), control emissions 
from coke oven doors, off-takes, lids, and charging. The emission 
control requirements of the rule must be met by the end of 1995. The 
emission reduction estimates are adequately documented and acceptable.
    e. Hazardous Organic NESHAP--SOCMI. The SOCMI NESHAP, 40 CFR part 
63, subpart F, promulgated April 22, 1994, (59 FR 19454) affects 
processes which produce one or more of the 396 designated SOCMI 
chemicals using one or more designated HAPs as a reactant or producing 
HAPs as a byproduct or co-product. Under EPA policy memorandum, 
``Credit Toward the 15 Percent Rate-Of-Progress Reductions from Federal 
Measures,'' May 6, 1993, 5 percent emission reduction from 1990 base 
line levels can be claimed from this rule. The State's emission 
reduction estimates are acceptable.
    f. TSDF RACT Phase I and II. Under RCRA, EPA is taking action to 
control VOC emissions in three phases. Phase I regulations were 
promulgated by the EPA in June 1990 and became effective in December 
1990. Phase II regulations were promulgated on December 6, 1994. The 
effective date for the Phase II regulations was suspended until 
December 6, 1996 (see 61 FR 59932, November 25, 1996). The Phase II 
compliance date is December 8, 1997. Although final compliance with the 
Phase II regulation will occur after November 15, 1996, States can take 
emission reduction credit for Phase II TSDF regulations toward the 15 
percent ROP plan pursuant to EPA policy memorandum, ``Credit Toward the 
15 Percent Rate-Of-Progress Reductions from Federal Measures,'' May 6, 
1993. Illinois' emission reduction estimates for these federal rules 
are acceptable.
    g. Marine Vessel Loading Controls. The State's rule requires a 95 
percent reduction in VOC emissions resulting from the loading of 
gasoline and crude oil into marine vessels at all marine terminals in 
the Chicago and Metro-East St. Louis ozone nonattainment areas which 
load gasoline or crude oil into tank ships and barges. The rule applies 
between May 1 and September 30 each year beginning in 1996, and 
requires that vessel cargo compartments be closed to the atmosphere 
during loading using: (1) Devices to protect tanks from 
underpressurization and overpressurization; (2) level-monitoring and 
alarm systems designed to prevent overfilling; and (3) devices for 
cargo gauging and sampling. VOC capture must be achieved with either 
(1) a vacuum-assisted vapor collection system, or (2) certification of 
vessel vapor-tightness. Piping used in the transfer of gasoline or 
crude oil must be maintained and operated to prevent visible liquid 
leaks, significant odors, and visible fumes. Owners and operators must 
use leak inspection procedures similar to those used at petroleum 
refineries.
    Based on IEPA's records, there are five affected facilities in the 
Chicago ozone nonattainment area and six affected facilities in the 
Metro-East St. Louis ozone nonattainment area. To calculate VOC 
emission reduction for this source category, the IEPA assumed that 
vapor recovery and emissions control systems can reduce VOC emissions 
by 90 percent. The rule was adopted on October 20, 1994, and was 
approved by the EPA on April 3, 1995 (60 FR 16801). The emission 
reduction credits claimed are adequately documented and acceptable.
    h. Tightening of RACT Standards and Cutoffs. Based on an April 
1993, Science Applications International Corporation (SAIC) report 
titled, ``Technical Document for Reasonably Available Control 
Technology for Illinois to Assist in Achieving 15 Percent Reduction in 
Ozone Nonattainment Areas,'' the IEPA determined that the VOC content 
limits for coatings could be lowered for the following source 
categories: Automobile/Truck Coating; Paper Coating; Fabric Coating; 
Metal Furniture Coating; Flexographic/Rotogravure Printing; 
Miscellaneous Surface Coating; Can Coating; Metal Coil Coating; Vinyl 
Coating; Miscellaneous Metal Coating; and Large Appliance Coating. 
After further consideration, the IEPA determined that no additional 
tightening of existing coating VOC

[[Page 66289]]

content limits could be justified at this time for automobile/truck 
coating and flexographic/rotogravure printing.
    The State's tightened RACT coating limits are similar to those used 
in the South Coast Air Quality Management District of California. The 
tightened limits were adopted by the Illinois Pollution Control Board 
on April 20, 1995, and were approved by EPA on February 13, 1996 (61 FR 
5511). The tightened SOCMI air oxidation requirements were adopted on 
October 20, 1994, and were approved by EPA on September 27, 1995 (60 FR 
49770). The 15 percent ROP documentation indicates that for the Chicago 
area an estimated 8.00 TPD emission reduction has occurred from sources 
covered under the tightened RACT coating limit rule, and 4.05 TPD 
emission reduction has occurred from sources covered under the 
tightened SOCMI air oxidation rule. In the Metro-East area, 0.39 TPD 
were claimed, while no emission reductions occurred due to the SOCMI 
air oxidation rule. The emission reductions claimed are acceptable.
    i. Plant Shut-downs. Facilities or plant units which have been 
shut-down since 1990 were identified through: (1) Facility responses to 
permit renewals; (2) responses to Annual Emission Report (AER) 
requests; (3) direct field inspections; and (4) requests from the 
facilities themselves to have their source permits withdrawn due to 
shut-down. Facility closings and emission reductions were verified 
through review of Emission Inventory System (EIS) records, permit file 
data, and field reports.
    To further support the estimated emission reductions, the IEPA has 
provided the EPA with a list of closed facilities. The IEPA maintains a 
plant shut-down file which documents the methods of verification.
    The shut-down credits were calculated using 1990 emissions 
projected to 1996 using the Emissions Growth Assessment System (EGAS) 
growth factors for specific source units. The projected 1996 emissions 
were used because these emissions had already been built into the 
projected 1996 emissions used to calculate the emission targets under 
the ROP plans.
    Emission reductions from the plant shut-downs are made permanent 
through the closing of source permits and, therefore, are acceptable. 
The source permits for these facilities will not be reissued by the 
IEPA. If these sources wish to restart, they will have to go through 
new source review and will be controlled through new source emission 
control requirements.
    j. Improved Rule Effectiveness. Illinois' Title V program, the 
CAAPP, covers most source facilities in the two ozone nonattainment 
areas. The IEPA submitted the CAAPP to the EPA in November 1993, and 
the EPA gave the program interim approval on March 7, 1995 (60 FR 
12478). The program became effective in 1996.
    A primary emphasis of the CAAPP is rigorous recordkeeping, 
reporting, and monitoring. The CAAPP regulations include recordkeeping, 
reporting, and monitoring requirements not covered under existing 
regulations or emphasizes existing regulations for such requirements. 
Sources must submit progress reports to the IEPA at a minimum of every 
6 months and the permittees must certify no less frequently than 
annually that the facilities are in compliance with the permit 
requirements. Source owners or operators must also promptly report any 
deviances from permit conditions to the IEPA. The CAAPP requirements 
contain significant civil and criminal penalties for source owners or 
operators failing to comply with the permit requirements, including the 
recordkeeping, reporting, and monitoring requirements.
    The IEPA used EPA's rule effectiveness evaluation questionnaire, 
and, based on the requirements of the CAAPP regulations, determined 
that the CAAPP requirements should lead to a rule effectiveness of 95 
percent for all source facilities covered by the CAAPP. The IEPA 
determined the VOC emission reduction credit for this rule 
effectiveness improvement by considering the ``current'' rule 
effectiveness for each facility or source category used to develop the 
1990 base year emissions inventory (80 percent for most facilities, 
with some facilities starting at 92 percent based on prior study 
results). The IEPA documented the rule effectiveness improvement 
findings in a report titled ``Impact of CAAPP on Inventory RE.''
    In comments on a draft version of the ROP plan, the EPA had 
indicated to the IEPA that recent changes in Title V requirements and 
guidelines to allow more source flexibility could jeopardize the 
anticipated improvement in rule effectiveness since some of the changes 
in EPA policy could relax compliance monitoring. Particularly, the 
increased flexibility would allow sources to switch from enhanced 
monitoring procedures to less stringent Compliance Assurance Monitoring 
(CAM) procedures. The IEPA, however, views this increased source 
flexibility as having minimal impact on the rule effectiveness to be 
obtained from the CAAPP, in light of the overall requirements sources 
are still subject to under CAAPP. It is pointed out that the EPA 
engineers who are technically supporting the compliance assurance 
monitoring procedures in EPA's revised Title V policy agree with a rule 
effectiveness estimate of 95 percent for programs like the CAAPP. The 
EPA agrees with this view and accepts the estimated emission reduction 
claimed.
    k. HAP Early Reduction Program. This program, promulgated on 
November 21, 1994 (59 FR 59924), allows an existing source subject to 
an applicable section 112(d) standard to be granted a 6-year compliance 
extension upon commitment by the owner or operator of the source that 
the source has achieved a reduction of 90 percent or more of HAP by 
1994. Emission reductions are determined by comparing the post-control 
emissions with verifiable and actual emissions in a base year not 
earlier than 1987, except that 1985 or 1986 may be used as a base year 
if the emissions data are based on information received before November 
15, 1990. In the Metro-East St. Louis nonattainment area, only one 
applicable facility has committed to the early reduction program. Under 
the program, such commitments are federally enforceable. The reduction 
in VOC from this facility due to the program, therefore, is creditable.
3. Area Sources
    a. Stage II Vapor Recovery. On August 13, 1992, Illinois adopted 
Stage II vapor recovery rules, which require the return of gasoline 
vapors to underground storage tanks during automobile refueling. Full 
phase-in of the requirements occurred on November 1, 1994. EPA approved 
these rules on January 12, 1993 (58 FR 3841).
    The IEPA has monitored the effectiveness of the Stage II 
regulations and the status of service station compliance. The Stage II 
controls have been established at most service stations in the Chicago 
nonattainment area and have been certified to reduce VOC emissions by 
at least 95 percent. The emission reduction estimates derived from this 
observation are acceptable.
    b. Architectural Coating. EPA is in the process of adopting a 
national rule applicable to manufacturers of AIM coatings. EPA proposed 
this rule on June 25, 1995 (61 FR 32729). Based on EPA policy 
memoranda, the State has assumed that an emission reduction credit of 
20 percent could be taken for this source category. Even though the 
final rule has not been promulgated, and the compliance with the rule 
is not expected until 1998, the EPA is allowing States to take credit 
for 20

[[Page 66290]]

percent emission reduction credit for this source category, relative to 
1990 emission levels. See ``Credit for the 15 Percent Rate-Of-Progress 
Plans for Reductions from the AIM Coating Rule,'' March 22, 1995, and 
``Update on the Credit for the 15 Percent Rate-Of-Progress Plans for 
Reductions from the Architectural and Industrial Maintenance Coatings 
Rule,'' March 7, 1996. The State has calculated emission reductions for 
architectural coatings separate from the traffic marking and 
maintenance coating provisions of the AIM rule. The State's emission 
reduction estimates for architectural coatings are acceptable.
    c. Traffic Marking and Maintenance Coating. The State has chosen to 
rely on the Federal AIM rule (now expected to be implemented in 1998) 
for emission reductions in this source category. Although EPA policy 
memoranda,''Credit for the 15 Percent Rate-Of-Progress Plans for 
Reductions from the Architectural and Industrial Maintenance Coating 
Rule,'' March 22, 1995, and ``Update on the Credit for the 15 Percent 
Rate-Of-Progress Plans for Reductions from the Architectural and 
Industrial Maintenance Coatings Rule,'' March 7, 1996, indicated that 
the State can assume a 20 percent emission reduction for this source 
category, the State notes that a more appropriate method for 
determining the emission reduction for traffic marking and maintenance 
coatings would involve consideration of the VOC content limit (150 
grams VOC/liter coating) proposed in EPA's draft AIM rule. Data 
supplied by the Illinois Department of Transportation indicates that 
the median VOC content in traffic/maintenance coatings in the State of 
Illinois in 1990 was 413 grams/liter coating (this median VOC content 
level is assumed to apply to both ozone nonattainment areas in the 
State). Comparing the proposed limit to this median VOC content level 
indicates that a 63.7 percent reduction in VOC emissions would occur if 
the proposed VOC content limit were attained. This leads to VOC 
reduction estimates of 3.73 TPD for the Chicago area and 0.62 TPD for 
the Metro-East St. Louis area. These estimates are acceptable.
    d. Underground Gasoline Storage Tank Breathing Controls. The State 
rule, adopted by the State on September 15, 1994, requires the 
installation of Pressure/Vacuum relief-control valves (P/V valves) on 
gasoline storage tank vents by March 15, 1995. The P/V valves must 
remain closed against tank pressures of at least 3.5 inches water 
column and tank vacuums of at least 6 inches water column. Gasoline 
storage tank owners must maintain records of malfunctions and repairs 
and must register installation of the P/V valves with the IEPA prior to 
March 15, 1995. The P/V valves must be tested annually and the owners 
must keep records of the tests. EPA approved this rule on March 23, 
1995 (60 FR 15233).
    The IEPA estimates that this rule will reduce gasoline breathing 
emissions by 90 percent. This emission reduction estimate is acceptable 
as are the emission reduction credits claimed for the Chicago and 
Metro-East St. Louis areas.
    e. Consumer and Commercial Solvents. The March 23, 1995 Federal 
Register contained EPA's list of affected product categories and 
schedule for regulation of consumer and commercial solvent contents as 
required by section 183(e) of the Act. The EPA intends to regulate the 
solvent contents in 24 product categories. The Federal Register action 
states that the EPA expects the regulation to achieve a 25 percent 
reduction in VOC emissions from the regulated product categories. This 
regulation was scheduled to be promulgated in 1996. Under EPA policy 
memorandum ``Regulatory Schedule for Consumer and Commercial Products 
under Section 183(e) of the Clean Air Act,'' June 22, 1995, EPA will 
grant an emission reduction credit for this source category even though 
emission reductions are not expected to occur until after 1996.
    The IEPA cites an EPA study which states that the best estimate of 
VOC emissions for consumer and commercial products is 8.03 pounds per 
person per year. The study further states that the Federal regulation 
of consumer and commercial product solvents is expected to reduce these 
emissions by 1 pound per person per year. Using the 1996 projected 
populations and the ratio of 6.3 pounds VOC per person per year used 
for this source category in the 1990 base year emissions inventory to 
the 8.03 pounds per person per year specified in the EPA study, the 
IEPA has determined that the Federal rule gives an 8.10 tons VOC per 
day reduction in the Chicago ozone nonattainment area and a 0.58 tons 
VOC per day reduction in the Metro-East St. Louis ozone nonattainment 
area. The emission reduction credits are acceptable.

III. Public Comments and Response

    During the 30-day public comment period for the July 14, 1997, 
proposed rulemaking, EPA received two comment letters adverse to 
approval of the Chicago and Metro-East area 15 percent plans: an August 
13, 1997, letter from the American Lung Association of Metropolitan 
Chicago, Citizens for a Better Environment (Wisconsin), Citizens 
Commission for Clean Air in the Lake Michigan Basin, the Hoosier 
Environmental Council, the Illinois Chapter of the Sierra Club, and the 
Michigan Environmental Council (ALA et al); and an August 6, 1997 
letter from a concerned citizen. The following discussion summarizes 
the comments and EPA's response to those comments.

A. Post-1996 Federal Measures

    Comments: ALA et al indicate that Illinois should not be allowed to 
take credit for certain federal control measures which were not 
implemented by November 15, 1996, including Federal Non-Road Small 
Engine Standards, TSDF RACT Phase II, AIM coating, and Consumer and 
Commercial Products Solvent Control. According to the commenters, 
section 182(b)(1) of the Act clearly requires States to submit plans 
that demonstrate a 15 percent emission reduction before November 15, 
1996. The commenters also state the policy memoranda regarding credit 
for post-1996 measures cited in the July 14, 1997, proposed rulemaking 
provide no good basis for thwarting the clear intent and requirements 
of the Clean Air Act, and were issued without formal public comment.
    Response: Section 182(b)(1)(A) of the Act requires States to submit 
their 15% SIP revisions by November 15, 1993. Section 182(b)(1)(C) of 
the Act provides the following general rule for creditability of 
emissions reductions toward the 15 percent requirement: ``Emissions 
reductions are creditable toward the 15 percent required, to the extent 
they have actually occurred, as of [November 15, 1996], from the 
implementation of measures required under the applicable implementation 
plan, rules promulgated by the Administrator, or a permit under Title 
V.'' In addition, section 182(b)(1)(D) identifies specific control 
measures which cannot be creditable toward the 15 percent plan, 
including pre-1990 FMVCP, 1990 RVP, RACT fix-ups, and I/M fix-ups.
    Between 1992 and 1996, EPA issued a series of policy memoranda 
indicating its intention to implement several federal measures before 
November 15, 1996, and provided emission reductions estimates from 
these measures for States to use in their 15 percent plans. However, 
several federal measures have been significantly delayed. By the time 
it was realized that some federal measures would not be implemented by 
November 1996, several States had already completed and submitted their

[[Page 66291]]

15 percent plans relying on the federal measures.
    Section 182(b)(1)(C) is ambiguous as to whether emission reductions 
from federal measures expected to occur by November 1996 are creditable 
now that the deadline has passed. Read literally, section 182(b)(1)(C) 
provides that although the 15 percent SIPs are required to be submitted 
by November 1993, emissions reductions are creditable as part of those 
SIPs only if ``they have actually occurred, as of [November 1996]''. 
This literal reading renders the provision internally inconsistent. 
Accordingly, EPA believes that the provision should be interpreted to 
provide, in effect, that emissions reductions are creditable ``to the 
extent they will have actually occurred, as of [November 1996], from 
the implementation of [the specified measures]'' (the term ``will'' is 
added). This interpretation renders the provision internally 
consistent.
    Moreover, section 182(b)(1)(C) of the Act explicitly includes as 
creditable reductions those resulting from ``rules promulgated by the 
Administrator.'' This provision does not state the date by which those 
measures must be promulgated, i.e., does not indicate whether the 
measures must be promulgated by the time the 15% SIPs were due 
(November 1993), or whether the measures may be promulgated after this 
due date.
    Because the statute is silent on this point, EPA has discretion to 
develop a reasonable interpretation, under Chevron U.S.A. Inc. v. NRDC, 
467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). EPA believes it is 
reasonable to interpret section 182(b)(1)(C) of the Act to credit 
reductions from federal measures as long as those reductions were 
expected to occur by November, 1996, even if the federal measures are 
not promulgated by the November 1993 due date for the 15 percent SIPs.
    EPA's interpretation is consistent with the Congressionally 
mandated schedule for promulgating regulations for consumer and 
commercial products, under section 182(e) of the Act. This provision 
requires EPA to promulgate regulations controlling emissions from 
consumer and commercial products that generate emissions in 
nonattainment areas. Under the schedule, by November 1993--the same 
date that the States were required to submit the 15% SIPs--EPA was to 
issue a report and establish a rulemaking schedule for consumer and 
commercial products. Further, EPA was to promulgate regulations for the 
first set of consumer and commercial products by November 1995. It is 
reasonable to conclude that Congress anticipated that reductions from 
these measures would be creditable as part of the 15% SIPs.
    Since all the federal measures Illinois relied on were expected to 
occur by November 1996, these measures are creditable for purposes of 
the 15 percent plan. It is not intended under section 182(b)(1)(C) of 
the Act for EPA to disapprove 15 percent plans which claim credit for 
federal measures which were not implemented as was expected during plan 
development. To interpret the Act otherwise would unfairly punish the 
State for delays in federal rule implementation for which the State had 
no power to control.
    In addition, all the post-1996 federal measures for which Illinois 
has claimed credit are close to being implemented since the measures 
either have been promulgated or have been proposed. The following table 
indicates the post-1996 federal measures included in Illinois' 15 
percent plans, the statutory provisions which require the measures' 
promulgation, and the status of the measures' implementation:

----------------------------------------------------------------------------------------------------------------
          Federal measure                    Statutory requirement                          Status              
----------------------------------------------------------------------------------------------------------------
Non-road Engines 25 hp and below    Act Section 213(a)(2)..................  Phase I standards published July 3,
 (Phase I).                                                                   1995 (60 FR 34582).               
                                                                             Final Compliance date MY 1997,     
                                                                              except Class V engine families,   
                                                                              which must comply January 1, 1998.
TSDF RACT and RCRA Phase II         RCRA Section 3004(n)...................  Final rule published December 6,   
 Control.                                                                     1994 (59 FR 62896).               
                                                                             Final Compliance Date December 8,  
                                                                              1997 (61 FR 59932).               
AIM Coatings......................  Act Section 183(e)(3)..................  Proposed rule published June 25,   
                                                                              1996 (61 FR 32729).               
Traffic and Maintenance Coatings..  Act Section 183(e)(3)..................  Proposed rule published June 25,   
                                                                              1996 (61 FR 32729).               
Consumer and Commercial Products..  Act Section 183(e)(3)..................  Proposed rule published April 2,   
                                                                              1996 (61 FR 14531).               
----------------------------------------------------------------------------------------------------------------

    To exclude credit for these mandated federal measures would mean 
the State would have to develop and submit a new 15 percent plan and 
adopt substitute State measures. This would force the State to achieve 
more than a 15 percent emission reduction once the reductions from the 
mandated federal measures occur. EPA believes this over compliance with 
the 15 percent requirement would not be supported by the intent of the 
Act and would be unreasonably burdensome for the State, especially 
since the State is already obligated to secure substantial additional 
VOC reductions in the Chicago area to meet post-1996 ROP requirements.
    The fact that EPA cannot determine precisely the amount of credit 
available for federal measures not yet promulgated does not preclude 
granting the credit. The credit can be granted as long as EPA is able 
to develop reasonable estimates of the amount of VOC reductions from 
the measures EPA expects to promulgate. EPA believes that it is able to 
develop reasonable estimates, particularly because EPA has either 
already proposed or promulgated the measures at issue. Many other parts 
of the SIP, including State measures, typically include estimates and 
assumptions concerning VOC amounts, rather than actual measurements. 
For example, EPA's document to estimate emissions, ``Compilation of Air 
Pollutant Emission Factors,'' January 1995, AP-42), provide emission 
factors used to estimate emissions from various sources and source 
processes. AP-42 emission factors have been used, and continue to be 
used, by States and EPA to determine base year emission inventory 
figures for sources and to estimate emissions from sources where such 
information is needed. Estimates in the expected amount of VOC 
reductions are commonly made in air quality plans, even for those 
control measures that are already promulgated. Moreover, the fact that 
EPA is occasionally delayed in its rulemaking is not an argument 
against granting credits from these measures. The measures are 
statutorily required, and States and citizens could bring suit to 
enforce the requirements that EPA promulgate them. If the amount of 
credit that EPA allows the State to claim turns out to be greater than 
the amount EPA determines to be appropriate when EPA promulgates the 
federal measures, EPA intends to take appropriate action to require 
correction of any shortfall in necessary emissions reductions that may 
occur.
    The above analysis focuses on the statutory provisions that include

[[Page 66292]]

specific dates for 15 percent submittal (November 1993) and 
implementation (November 1996). These dates have expired, and EPA has 
developed new dates for submittal and implementation. EPA does not 
believe that the expiration of the statutory dates, and the development 
of new ones, has implications for the issue of whether reductions form 
federal measures promulgated after the date of the 15 percent SIP 
approval may be counted toward those 15 percent SIPs. Although the 
statutory dates have passed, EPA believes that the analysis described 
above continues to be valid.

B. Rule Effectiveness Improvements

    Comments: ALA et al indicate that the rule effectiveness 
improvement credit is an ``extraordinarily large paper reduction,'' and 
that neither Illinois nor EPA have adequately demonstrated that 95 
percent rule effectiveness has been or will be achieved in light of 
changes to Title V monitoring requirements under the upcoming CAM rule. 
The commenters also note that the emission reduction credit given for 
rule effectiveness improvements in the Chicago area is comparable to 
the emission reduction credit given for reformulated gasoline in the 
Milwaukee ozone nonattainment area. The commenters find their concerns 
substantiated by a recent University of Southern California study which 
found that industrial sources in Houston have been emitting VOC 
hundreds of times more than what has been reported. Also, the 
commenters claim that neither Illinois nor EPA could provide the 
commenters a complete list of Illinois sources subject to non-CTG RACT 
requirements, or compliance information related to these sources, even 
after the commenters submitted a Freedom of Information Act (FOIA) 
request to the IEPA. The commenters recommend that credit should be 
allowed for only 85 percent rule effectiveness for most sources until 
the actual changes are verified through the 1996 update to Illinois' 
emission inventories.
    Response: The CAAPP program realizes VOC emission reductions 
through improving the implementation of existing VOC add-on control 
requirements in the Chicago and Metro-East areas. CAAPP requires more 
stringent record keeping, reporting, compliance certification, and 
monitoring requirements, and provides more severe enforcement penalties 
than the existing State rules. These provisions, in turn, assure higher 
rates of compliance, and, correspondingly, lower emissions from the 
sources.
    As was indicated in the July 14, 1997, direct final rule, IEPA's 
rule effectiveness evaluation is reported in the April 1995 document, 
``Impact of Clean Air Act Permit Program on Inventory Rule 
Effectiveness,'' included in the State submittal. One of the elements 
of the CAAPP program considered in the Illinois rule effectiveness 
evaluation was Title V enhanced monitoring. After IEPA completed the 
study, however, EPA decided to promulgate more flexible Title V 
monitoring requirements known as CAM.
    The original enhanced monitoring program would have required many 
affected facilities to install expensive Continuous Emission Monitoring 
Systems (CEMS) or develop other monitoring directly correlated with 
emission values. After consultation with stakeholders, EPA decided that 
such requirements would be overly prescriptive and excessively 
burdensome for many industries to install and operate CEMS and on State 
and local agencies in implementing their operating permit programs. On 
October 22, 1997, the EPA promulgated the final CAM rule (62 FR 54899), 
which requires monitoring of operating parameters of add-on control 
equipment to assure compliance. The CAM rule is much less burdensome to 
administer by State and Local agencies than the original enhanced 
monitoring program, allowing agencies to direct resources in assuring 
compliance more effectively. Furthermore, the CAM rule covers more 
sources than the original enhanced monitoring proposal. The rule also 
provides State and local agencies an additional enforcement tool to 
address persistent control device operation problems through a Quality 
Improvement Plan (QIP). A QIP is a comprehensive two-step evaluation 
and correction process that will require the facility owner to prepare 
a formal plan and a schedule for correcting control device problems. 
Such activities may include significant repairs to or even replacement 
of control devices. The QIP provisions are intended to provide 
compliance assurance benefits equivalent to the direct monitoring 
provisions contained in the original enhanced monitoring. Finally, 
sources already subject to more stringent monitoring requirements are 
not provided any additional flexibility under CAM, and CAM does not 
affect the stringency of any other record keeping, reporting and 
compliance certification requirements required under CAAPP. For these 
reasons, the EPA finds that the CAM rule does not negatively impact 
Illinois' estimate of rule effectiveness improvement from CAAPP.
    EPA is not required under the Act to withhold 15 percent plan 
credit from control measures until the actual reduction is verified. 
Rather, EPA interprets section 182(b)(1) of the Act to allow States to 
rely on reasonable estimates of emission reductions when developing the 
15 percent plans. The State's report ``Impact of the CAAPP on Inventory 
Rule Effectiveness,'' represents a reasonable estimate of rule 
effectiveness improvement due to CAAPP. It should also be noted that 
Illinois' rule effectiveness improvement estimate is consistent with 
EPA's Regulatory Impact Analysis (RIA) for the new ozone NAAQS, which 
found 95 percent rule effectiveness to be the most representative value 
for proposed Act control assumptions (See appendix A of the RIA for the 
July 18, 1997 ozone NAAQS). To the extent that future verification of 
the rule effectiveness improvements from CAAPP demonstrates less 
emission reductions than anticipated, Illinois will be expected to make 
up the shortfall.
    The Milwaukee area 15 percent plan is not an appropriate basis from 
which to judge the reasonableness of the Chicago 15 percent plan's rule 
effectiveness improvement credit. This is because the two plans are 
based on vastly different emission baselines (see EPA's March 22, 1996, 
approval of the Milwaukee 15 percent ROP plan (61 FR 11735)). There is 
significantly more industrial activity and vehicle miles traveled in 
the Chicago area compared to the Milwaukee area, and, correspondingly, 
control measures implemented in the Chicago area achieve a higher 
aggregate emission reduction than similar control measures in 
Milwaukee. The 1990 base-year emission inventory for the Milwaukee area 
is 559.9 TPD of VOC, while the 1990 inventory for the Chicago area is 
1,363.4 TPD. The commenters note that the emission reduction estimate 
for improved rule effectiveness in Chicago (26.3 TPD), is comparable 
with the emission estimate of reformulated gasoline in Milwaukee (34.06 
TPD accounting for both reformulated gasoline and enhanced I/M). 
However, the reformulated gasoline program in Chicago alone secures a 
112.79 TPD emission reduction. Given this disparity, the EPA finds the 
emission reduction estimates in the Milwaukee and Chicago 15 percent 
plans are incomparable for purposes of the determining the adequacy of 
either plan.
    Finally, in regard to the commenters' concern regarding non-CTG 
sources,

[[Page 66293]]

EPA contacted IEPA to determine the status of the FOIA request for a 
complete list of non-CTG sources in the Chicago area. IEPA has 
indicated that it responded by sending two lists to Citizens for a 
Better Environment, a January 25, 1996, list of non-CTG sources with 
Maximum Theoretical Emissions (MTE) of 100 TPY of VOC and above, and a 
May 16, 1996, list of sources which emit greater than or equal to 100 
TPY of VOC. IEPA also provided to the American Lung Association of 
Metropolitan Chicago a list of non-CTG sources with a Potential To Emit 
(PTE) of greater than or equal to 25 TPY of VOM, and Maximum 
Theoretical Emissions (MTE) of less than 100 TPY of VOC. These lists 
should have been sufficient to meet the commenters' requests. If the 
commenters' would like additional information about these lists, the 
commenters should contact the IEPA.

C. Plant Closures

    Comments: ALA et al indicated that it is unclear how the emission 
reduction credits associated with plant shutdowns were calculated, and 
that Illinois should receive only credit equal to the extra emissions 
that were built into the 1996 projections specifically for the 
individual facilities that have shut down. The commenters also note 
that EPA should make it clear that no market-based credits can be 
attributed to these shutdowns once the reductions have been credited 
toward a SIP. This prohibition should apply to New Source Review (NSR) 
offset credits and any credits or allowances that are transacted as 
part of Illinois' proposed VOC cap and trade program.
    Response: Each plant shutdown emission estimate represents the 
projected 1996 VOC emission estimate used in calculating the State's 
overall emission reduction requirement under the 15 percent plan. 
Section 182(b)(1) requires the 15 percent emission reduction to account 
for source growth, so IEPA had factored into its 15 percent calculation 
what emissions would be in 1996 had no 15 percent control strategies 
occurred. (See Guidance for Growth Factors, Projections, and Control 
Strategies for the 15 Percent Rate-of-Progress Plans for more detailed 
discussion on the growth projection requirement). Because IEPA used 
projected 1996 emissions from the closed plants when calculating the 
emission reduction needed for 15 percent reduction, the IEPA claimed 
those 1996 projections as creditable emission reductions in the 15 
percent plan. The projected 1996 emissions were calculated using EGAS 
growth factors for specific emission units. These same growth factors 
were used to determine the plant closure emission reductions. 
Therefore, Illinois has received plant closure credit equal to the 
emission projections built into the 15 percent requirement calculation.
    As for the concern regarding the double-counting of emission 
reductions from plant closures in other VOC control programs, the 
State's NSR rules prohibit source closure reductions which are credited 
toward ROP to be used to meet NSR offset requirements. Illinois adopted 
a VOC trading program on November 20, 1997, as part of its post-1996 
ROP plan. Under the rules, no shutdown emissions reduction claimed in 
the 15 percent plan can be used as credits in the trading program.

D. Stage II Gasoline Vapor Recovery

    Comments: A comment from a citizen indicates that emission 
reductions associated with the Stage II vapor recovery rule are being 
overestimated because of low levels of cooperation with the rule. This 
comment was made based on visits to five gasoline dispensing stations 
in the Chicago nonattainment area and finding four of the stations have 
either ``no controls'' or ``breaks in the existing controls.'' 
Specifically, out of the five stations the commenter visited, the 
commenter contends that one station has all boots, one station has ``no 
vapor controls,'' one station has ``no boots,'' and two stations have 
``some broken or missing boots.''
    Response: The IEPA has indicated that the four stations in question 
have been inspected according to an annual inspection schedule and use 
Stage II equipment which do not need boots to work effectively. The 
``boot'' the commenter refers to is the device used in conjunction with 
a particular Stage II control system called the ``vapor balance 
system.'' The vapor balance system collects vapors by using the 
displacement pressure between the vehicle tank and the station's 
underground tank during vehicle refueling. For the vapor balance system 
to work effectively, a tight seal must be made at the interface between 
the gasoline dispensing nozzle and the vehicle fuel inlet. The boot, or 
bellow, is the device fitted onto the nozzle which creates the tight 
seal during refueling.
    Another type of Stage II system, known as a ``vacuum assist 
system'' draws in vapors during refueling by using a vacuum-generating 
device. Because of this design, vacuum assist systems can recover 
vapors effectively without a tight seal at the nozzle/fillpipe 
interface. Therefore, boots are not needed for assist systems, and the 
lack of a boot is by itself no indication that the gasoline dispensing 
nozzle has no Stage II control.
    The four stations considered by the commenter to be out of 
compliance are all registered with the IEPA to use vacuum assist 
systems, while the one station considered by the commenter to be in 
compliance uses a vapor balance system. The commenter apparently 
assumes that all Stage II systems utilize balance systems with booted 
nozzles and used their existence as evidence of a Stage II vapor 
recovery system, or more importantly, that their absence indicates no 
vapor recovery system. Both vapor balance and vacuum assist systems are 
required under Illinois' Stage II rules to be certified by CARB to have 
a 95 percent control efficiency. The IEPA has conducted inspections of 
the five stations between December 1996 and January 1997, in accordance 
with an annual Stage II inspection program, and has found that all five 
stations use Stage II equipment which meet the CARB certification 
requirement. Therefore, unless the IEPA discovers compliance violations 
at the stations at future inspections, the EPA assumes the stations to 
be in compliance with Stage II controls.
    In addition, it should be noted that the IEPA has built into its 
Stage II emission reduction estimates the assumption that not all 
gasoline dispensing stations in the Chicago nonattainment area may be 
in compliance at all times; malfunctions in the Stage II equipment can 
occur. Therefore, IEPA used EPA guidance to determine the in-use 
efficiency of its overall Stage II program. (See ``Technical Guidance--
Stage II Vapor Recovery Systems for Control of Vehicle Refueling 
Emissions at Gasoline Dispensing Stations,'' November 1991). Under the 
Technical guidance, the State's throughput exemption level of 10,000 
gallons per month, combined with an annual inspection frequency yields 
a program efficiency of 84 percent. Illinois has applied the in-use 
efficiency of 84 percent when calculating the emission reduction 
estimate for this source category.
    Because the four stations the commenter believed to be out of 
compliance use Stage II equipment which were found to be in compliance 
at the time of the most recent IEPA inspection, and that equipment 
malfunctions are taken into account in IEPA's emission reduction 
estimate for the Stage II program, the EPA finds IEPA's estimate of 
Stage II emission reductions is reliable.

[[Page 66294]]

IV. EPA Rulemaking Action

    The EPA is approving, through final rulemaking action, Illinois' 15 
percent ROP and 3 percent contingency plan SIP revisions for the 
Chicago and Metro-East St. Louis ozone nonattainment areas, and the 
Metro East St. Louis TCM work trip reductions; transit improvements; 
and traffic flow improvements.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the Act 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, the Administrator 
certifies that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the Federal-State 
relationship under the Act, preparation of a flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
State action. The Clean Air Act forbids EPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S. 
246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must undertake various actions 
in association with any proposed or final rule that includes a Federal 
mandate that may result in estimated costs to state, local, or tribal 
governments in the aggregate; or to the private sector, of $100 million 
or more. This Federal action approves pre-existing requirements under 
state or local law, and imposes no new requirements. Accordingly, no 
additional costs to state, local, or tribal governments, or the private 
sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 17, 1998. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone.

    Dated: December 5, 1997.
Michelle D. Jordan,
Acting Regional Administrator.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart O--Illinois

    2. Section 52.726 is amended by adding paragraphs (p), (q), and (r) 
to read as follows:

Sec. 52.726  Control Strategy: Ozone.

* * * * *
    (p) Approval--On November 15, 1993, Illinois submitted 15 percent 
rate-of-progress and 3 percent contingency plans for the Chicago ozone 
nonattainment area as a requested revision to the Illinois State 
Implementation Plan. These plans satisfy sections 182(b)(1), 172(c)(9), 
and 182(c)(9) of the Clean Air Act, as amended in 1990.
    (q) Approval--On November 15, 1993, Illinois submitted 15 percent 
rate-of-progress and 3 percent contingency plans for the Metro-East St. 
Louis ozone nonattainment area as a requested revision to the Illinois 
State Implementation Plan. These plans satisfy sections 182(b)(1) and 
172(c)(9) of the Clean Air Act, as amended in 1990.
    (r) Approval--On November 15, 1993, Illinois submitted the 
following transportation control measures as part of the 15 percent 
rate-of-progress and 3 percent contingency plans for the Metro-East 
ozone nonattainment area: Work trip reductions; transit improvements; 
and traffic flow improvements.

[FR Doc. 97-32641 Filed 12-17-97; 8:45 am]
BILLING CODE 6560-50-U
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