Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules 11525

February 8, 2000.

Arthur Levitt

[FR Doc. 00–5045 Filed 3–2–00; 8:45 am]

BILLING CODE 8010–01–p

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 990

[Docket No. FR–4425–N–10]

Negotiated Rulemaking Committee on

Operating Fund Allocation; Meeting

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Negotiated Rulemaking

Committee Meetings.

SUMMARY: This document announces a

meeting of the Negotiated Rulemaking

Committee on Operating Fund

Allocation. These meetings are

sponsored by HUD for the purpose of

discussing and negotiating a proposed

rule that would change the current

method of determining the payment of

operating subsidies to public housing

agencies (PHAs).

DATES: The committee meeting will be

held on March 7 and March 8, 2000. On

March 7, 2000, the meeting will begin

at approximately 9:30 am and end at

approximately 5:30 pm. On March 8,

2000, the meeting will begin at

approximately 9 am and end at

approximately 4 pm.

ADDRESSES: The committee meeting will

take place at the Channel Inn, 650 Water

Street, SW, Washington, DC 20024;

telephone 1–800–368–5668.

FOR FURTHER INFORMATION CONTACT:

Steve Sprague, Funding and Financial

Management Division, Office of Public

and Indian Housing, Room 4216, U.S.

Department of Housing and Urban

Development, 451 Seventh Street, SW,

Washington, DC 20410–0500; telephone

(202) 708–1872 (this telephone number

is not toll-free). Hearing or speechimpaired individuals may access this

number via TTY by calling the toll-free

Federal Information Relay Service at 1–

800–877–8339.

SUPPLEMENTARY INFORMATION:

I. Background

The Secretary of HUD has established

the Negotiated Rulemaking Committee

on Operating Fund Allocation to

negotiate and develop a proposal that

would change the current method of

determining the payment of operating

subsidies to public housing agencies

(PHAs). The establishment of the

committee is required by the Quality

Housing and Work Responsibility Act of

1998 (Pub.L. 105–276, approved

October 21, 1998) (the ‘‘Public Housing

Reform Act’’). The Public Housing

Reform Act makes extensive changes to

HUD’s public and assisted housing

programs. These changes include the

establishment of an Operating Fund for

the purpose of making assistance

available to PHAs for the operation and

management of public housing. The

Public Housing Reform Act requires that

the assistance to be made available from

the new Operating Fund be determined

using a formula developed through

negotiated rulemaking procedures.

II. Negotiated Rulemaking Committee

Meeting

This document announces a meeting

of the Negotiated Rulemaking

Committee on Operating Fund

Allocation. The next committee meeting

will take place as described in the DATES

and ADDRESSES section of this

document.

The agenda planned for the

committee meeting includes the

development and review of draft

regulatory and preamble language; and

the scheduling of future meetings, if

necessary.

The meeting will be open to the

public without advance registration.

Public attendance may be limited to the

space available. Members of the public

may make statements during the

meeting, to the extent time permits, and

file written statements with the

committee for its consideration. Written

statements should be submitted to the

address listed in the FOR FURTHER

INFORMATION section of this notice.

Summaries of committee meetings will

be available for public inspection and

copying at the address in the same

section.

Dated: February 29, 2000.

Harold Lucas,

Assistant Secretary for Public and Indian

Housing.

[FR Doc. 00–5294 Filed 3–1–00; 11:30 am]

BILLING CODE 4210–33–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL164–1a; FRL–6546–7]

Approval and Promulgation of Air

Quality Plans; Illinois; Post-1996 Rate

of Progress Plan for the Chicago

Ozone Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

approve, through parallel processing, a

proposed Post-1996 Rate-Of-Progress

(ROP) Plan submitted by the State of

Illinois for the Chicago Ozone

Nonattainment Area. Illinois originally

submitted a Post-1996 ROP Plan on

December 18, 1997, as a requested

revision the State Implementation Plan

(SIP) for ozone. A Post-1996 ROP Plan

is required for the Chicago Ozone

Nonattainment Area under the Clean

Air Act (Act). The State submitted

proposed amendments to the plan on

December 17, 1999, January 14, 2000,

and January 21, 2000, with a request for

EPA to parallel process a rulemaking on

the proposed plan as amended. The

purpose of the Post-1996 ROP Plan is to

reduce ground-level ozone (smog)

pollution in the Chicago Metropolitan

Area. The submitted proposed plan

shows that Illinois reduced emissions of

ozone-forming pollutants by 9% by

November 15, 1999. These pollutants

include emissions of Volatile Organic

Compounds (VOC), and Oxides of

Nitrogen (NOX). The submittal also

includes a demonstration that the

Chicago Area has achieved a sufficient

emission reduction needed to meet

contingency measure requirements

under the Act. In addition, EPA is

proposing in this rulemaking to approve

as a revision to the SIP certain

Transportation Control Measures (TCM)

included in the plan. EPA will take final

rulemaking action once Illinois adopts

and submits the final Post-1996 ROP

Plan. If the final adopted plan is

significantly different from the proposed

plan, which is the basis of this parallel

proposed rulemaking, EPA will

repropose its rulemaking.

DATES: Written comments must be

received on or before April 3, 2000.

ADDRESSES: You should address written

comments to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

11526 Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules

You can access copies of the SIP

revision request and Technical Support

Document (TSD) for this rulemaking

action at the following address:

U.S. Environmental Protection Agency,

Region 5, Air and Radiation Division,

77 West Jackson Boulevard, Chicago,

Illinois 60604. (We recommend that

you telephone Mark J. Palermo at

(312) 886–6082 before visiting the

Region 5 Office).

FOR FURTHER INFORMATION CONTACT:

Mark J. Palermo, Environmental

Protection Specialist, at (312) 886–6082.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever

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

EPA.

The supplemental information is

organized in the following order:

I. What is EPA proposing to approve in this

action?

II. The Post-1996 ROP Plan.

What is a Post-1996 ROP Plan?

What is the contingency measure

requirement?

What environmental benefits does the Post1996 ROP Plan provide?

What counties are in the Chicago Ozone

Nonattainment Area?

Who is affected by the proposed Illinois

Post-1996 ROP Plan?

What public review opportunities were

provided?

What criteria must a Post-1996 ROP Plan

meet to be approved?

What are the special requirements for

claiming NOX reductions?

III. Illinois’ Calculation of the Needed ROP

Reduction.

How does Illinois demonstrate that it meets

the requirements for claiming NOX

reductions?

How did Illinois calculate the needed ROP

and contingency measure reduction?

A. Proportion of VOC to NOX Emission

Reduction.

B. Emission Baselines.

C. 1999 Emission Target Level to Meet 9%

Reduction.

D. 1999 Projected Growth Level.

E. Emission Reduction Needed for 9%

Reduction Net-Of-Growth.

F. Calculation of the Needed Contingency

Measure Reduction.

IV. The proposed Illinois Post-1996 ROP Plan

Control Strategies.

What are the criteria for acceptable control

strategies?

What are the control strategies under the

proposed Illinois Post-1996 ROP Plan?

A. Point/Area Sources.

1. Title IV Acid Rain Power Plant Controls.

2. 1999 Cold Cleaning Degreasing.

3. Stepan Batch Processes.

4. Municipal Solid Waste Landfills.

5. Coke Oven By-Product Plants.

B. Mobile/Nonroad Sources.

1. Enhanced I/M Program.

2. Phase I Reformulated Gasoline.

3. Post-1994 Tier 1 Vehicle Emission Rates.

4. 1992 Vehicle I/M Program Amendments.

5. Federal Gasoline Detergent Additive.

6. Federal Non-Road Small Engine

Standards.

7. Federal Non-Road Heavy-Duty Engine

Standards.

8. Clean-Fuel Fleet Vehicle Program.

9. Energy Policy Act.

10.TCMs.

What are the Federal Register citations for

the federal approval or promulgation of

the control measures?

How were the emission reductions to be

achieved through the control strategies

calculated?

What are the emission reductions to be

achieved through the control strategies?

V. EPA’s approval of the TCMs in the Post1996 ROP Plan.

What are TCMs?

What are the TCMs submitted with the

Illinois Post-1996 ROP Plan?

How do TCMs become approvable as

revisions to the SIP?

Are the Chicago Area 1996–1999 TCMs

approvable?

VI. EPA review of the proposed Illinois Post1996 ROP Plan.

Why is the proposed Illinois Post-1996

ROP Plan approvable?

Why is the contingency measure portion of

the plan approvable?

VII. Transportation Conformity Mobile

Source Budget.

VIII. Proposed Rulemaking Action.

IX. Administrative Requirements.

A. Executive Order 12866.

B. Executive Order 13132.

C. Executive Order 13045.

D. Executive Order 13084.

E. Regulatory Flexibility Act.

F. Unfunded Mandates.

G. Submission to Congress and the

Comptroller General.

H. National Technology Transfer and

Advancement Act.

I. What is EPA Proposing to Approve in

This Action?

We are proposing to approve the

following:

1. The proposed Post-1996 ROP Plan for

the Illinois portion of the Chicago

Ozone Nonattainment Area;

2. The proposed contingency measure

plan for this area; and,

3. TCMs implemented between 1996

and 1999 in the area.

On December 18, 1997, the State of

Illinois submitted the Post-1996 ROP

Plan for the Chicago Ozone

Nonattainment Area as a requested SIP

revision. The plan was submitted to

meet the Act’s requirement that the

State demonstrate a 9% reduction of

ozone producing emissions in the

Chicago Ozone Nonattainment Area

between 1996 and 1999. The State

submitted proposed amendments to the

plan on December 17, 1999, and January

14, 2000, with a request for EPA to

parallel process, pursuant to the

provisions of 40 CFR part 51, appendix

V, its rulemaking on the proposed plan

as amended. On January 21, 2000,

Illinois EPA transmitted changes to the

December 17, 1999, proposed plan in

response to public comments received

at the State’s January 18, 2000, public

hearing on the proposed plan. Our

proposed rulemaking is based upon the

Illinois proposed plan as amended

January 21, 2000.

We are proposing to approve the

proposed plan because it adequately

demonstrates a 9% emission reduction

has occurred in the Chicago Area. We

will take final rulemaking action once

Illinois adopts and submits the final

Post-1996 ROP Plan. If the final adopted

plan is significantly different from the

proposed plan, we will repropose

rulemaking on the plan.

The State also submitted with the

proposed Post-1996 ROP Plan a

proposed demonstration that the

Chicago Area meets the contingency

measure requirements of the Act. We are

proposing approval of the proposed

contingency measure demonstration

because it adequately shows a 3%

reduction in emissions beyond that

which is necessary to meet the 9% ROP

plan requirement. As we will do with

the Post-1996 ROP plan, once we

receive the final adopted demonstration

that the State has met its contingency

measure requirement for the Post-1996

ROP plan, we will take final rulemaking

action, provided that the final

demonstration is not significantly

different from the proposed

demonstration.

We are also proposing to approve

certain TCMs submitted with the

proposed Post-1996 ROP Plan as a

revision to the SIP. The plan relies on

these TCMs as part of the overall

strategy to meet the 9% emission

reduction requirement. To be creditable,

the TCMs must be incorporated into the

SIP.

II. The Post-1996 ROP Plan

What is a Post-1996 ROP Plan?

An ROP plan is a strategy to achieve

timely periodic reductions of emissions

that produce ground-level ozone (smog)

in areas that are not attaining the ozone

National Ambient Air Quality Standards

(NAAQS). A Post-1996 ROP Plan

demonstrates how ozone-forming

emissions affecting an area will be

reduced by 9% between 1996 and 1999.

ROP plans are a requirement of the

Act under section 182. Section

182(c)(2)(B) requires State ozone

nonattainment areas classified serious

and above to adopt and implement

plans to achieve periodic reductions in

ozone precursors (VOC and NOx) after

1996. The requirement is intended to

ensure that an area makes progress

Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules 11527

toward achieving attainment of the

ozone NAAQS.

The Post-1996 ROP reductions are to

occur at a rate of 9%, net of emission

growth, averaged over a three-year

period. The States must achieve the first

three-year 9% milestone, called the

‘‘Post-1996 ROP Plan,’’ by November 15,

1999. Because the Chicago Ozone

Nonattainment Area is classified as

severe, the area is subject to the Post1996 ROP requirement.

The plan contains: (1) Documentation

showing how the State calculated the

emission reduction needed on a daily

basis to achieve a 9% reduction; (2) a

description of the control measures used

to achieve the emission reduction; and

(3) a description of how the State has

determined the emission reduction from

each control measure.

On December 18, 1997, we approved

a 15% ROP plan for the Chicago Area

which showed a 15% VOC emission

reduction between 1990 and 1996, as

required under section 182(b)(1) of the

Act (see 62 FR 66279). This 15%

reduction is a measure of progress

toward achieving attainment. However,

the Chicago nonattainment area has not

yet reached attainment of the 1-hour

ozone NAAQS through the 15%

reduction alone. The Post-1996 ROP

Plan will assure continued progress

toward achieving attainment by the

Act’s mandated date of 2007.

What is the Contingency Measure

Requirement?

In addition to the Post-1996 ROP

Plan, the Illinois submittal also

addresses contingency measures

required under the Act.

Section 172(c)(9) of the Act 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 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

emission reduction milestones;

attainment of the NAAQS by the

required deadline; or other applicable

milestones of the Act.

Our policy, as provided in the April

16, 1992, ‘‘General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990’’ (General

Preamble) (57 FR 13498), states that the

contingency measures, in total, must

generally be able to provide for 3%

reduction of 1990 baseline emissions

beyond the reduction required for a

particular milestone year.

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 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.

In the December 18, 1997, rulemaking

approving the 15% ROP Plan for the

Chicago Area, we indicated that the

15% ROP Plan had enough emission

reductions to provide a 3% reduction

beyond the 15% reduction required for

1996. The General Preamble indicates

that the 3% reduction ‘‘buffer’’ must be

maintained through each ROP

milestone. Therefore, Illinois must

demonstrate that the Chicago Area has

enough contingency measure reductions

in addition to the reductions claimed for

the Post-1996 ROP Plan. Because of this

requirement, Illinois’ proposed Post1996 ROP Plan identifies, for

contingency purposes, an emission

reduction beyond the reduction

required for ROP.

What Environmental Benefits Does the

Post-1996 ROP Plan Provide?

The proposed Illinois Post-1996 ROP

Plan shows reductions of both Volatile

Organic Compound (VOC) and Oxides

of Nitrogen (NOX) emissions. VOC and

NOX) contribute to the formation of

ground-level ozone in the atmosphere.

The reactivity of ozone causes health

problems because it damages lung

tissue, reduces lung function and

sensitizes the lungs to other irritants.

When inhaled, even at low levels, ozone

can:

• Cause acute respiratory problems

such as shortness of breath, chest pain,

wheezing, and coughing;

• Aggravate asthma;

• Cause significant temporary

decreases in lung capacity;

• Cause inflammation of lung tissue;

• Lead to hospital admissions and

emergency room visits; and,

• Impair the body’s immune system

defenses, making people more

susceptible to respiratory illness,

including bronchitis and pneumonia.

Repeated exposure to ozone pollution

for several months may cause

permanent structural damage to the

lungs.

Because ozone pollution usually

forms in hot weather, anyone who

spends time outdoors in the summer is

at risk, particularly children, moderate

exercisers, and outdoor workers.

Children are at greatest risk from

exposure to ozone because their

respiratory systems are still developing

and are more susceptible to

environmental threats. Children also

breathe more air per pound of body

weight than adults, thus increasing their

exposure.

People with existing lung disease,

including asthma, chronic bronchitis,

and emphysema, are at particular risk

from high ozone levels. Since they

already suffer from reduced ability to

breathe, these individuals are often

greatly affected by the increased

impairment that can result from

exposure to ozone.

Ozone also affects vegetation and

ecosystems, leading to reductions in

agricultural and commercial forest

yields, reduced growth and survivability

of tree seedlings, and increased plant

susceptibility to disease, pests, and

other environmental stresses (e.g., harsh

weather). In long-lived species, these

effects may become evident only after

several years or even decades, thus

having the potential for long-term

effects on forest ecosystems. Groundlevel ozone damage to the foliage of

trees and other plants also can decrease

the aesthetic value of ornamental

species as well as the natural beauty of

our national parks and recreation areas.

The overall 9% ROP reduction

includes VOC emissions reductions

from sources (industries, vehicles, etc.)

within the Chicago Ozone

Nonattainment Area, and NOx emission

reductions from sources within the State

boundaries, but outside the Chicago

Ozone Nonattainment Area.

Although the proposed plan’s NOx

reductions come from outside the

nonattainment area, the reductions are

nonetheless creditable toward meeting

the overall required ROP reduction. (See

‘‘What are the special requirements for

claiming NOx reductions?,’’ below).

This is because downstate NOx

emissions contribute to ozone formation

in the Chicago Ozone Nonattainment

Area, and reducing such emissions

11528 Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules

helps the Chicago Area achieve

attainment of the ozone NAAQS.

It should be noted that the Illinois

ROP plan documentation refers to 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 EPA

policy, we are using the term VOC in

this rulemaking.

What Counties are in the Chicago Ozone

Nonattainment Area?

The Illinois portion of the Chicago

Ozone Nonattainment Area includes the

counties of Cook, DuPage, Kane, Lake,

McHenry, and Will, and the townships

of Aux Sable and Goose Lake in Grundy

County, and Oswego in Kendall County.

Who is Affected by the Proposed Illinois

Post-1996 ROP Plan?

The proposed Post-1996 ROP Plan

does not create any new control

requirements. Rather, it is a

demonstration that existing regulations

and control programs will achieve a 9%

emission reduction.

The proposed Post-1996 ROP Plan

refers to various emission control

regulations that have contributed to

achieving the 9% emission reduction for

the Chicago Area. These regulations,

both federal and State, affect a variety of

industries, businesses, and, through the

vehicle inspection and maintenance

program, motor vehicle owners.

However, these regulations are already

federally enforceable through SIP

revision or EPA promulgation.

The TCMs submitted with the

proposed Post-1996 ROP Plan are the

only State ROP measures that are not

already part of the federally approved

SIP. We are proposing to approve these

TCMs in this rulemaking action, and we

discuss the TCM proposed approval in

part V of this document.

What Public Review Opportunities Were

Provided?

The Illinois Environmental Protection

Agency (Illinois EPA) held a public

hearing on October 24, 1997, in Chicago,

Illinois, to receive public comment on

the proposed plan. The State held an

additional public hearing for

amendments to the proposed plan on

January 18, 2000, in Chicago, Illinois.

The State’s comment period closed on

February 8, 2000. Illinois EPA will

formally respond to the comments, and

will submit a Responsiveness Summary

to us when it submits its final Post-1996

ROP Plan.

What Criteria Must a Post-1996 ROP

Plan Meet to be Approved?

Section 182(c)(2)(B) establishes

certain elements a Post-1996 ROP Plan

must satisfy for approval. These

elements are: (1) Emission baseline; (2)

emission target level; (3) accounting for

growth projections; and (4) emission

reduction estimates from plan control

measures. Through these elements, the

plan must show that the nonattainment

area will achieve a 9% emission

reduction by November 15, 1999.

We have issued several guidance

documents for States to use in

developing approvable Post-1996 ROP

Plans. These documents address such

topics as: (1) The relationship of ROP

plans to other SIP elements required by

the Act; (2) calculation of baseline and

emission target level; (3) procedures for

projecting emission growth; and (4)

methodology for determining emission

reduction estimates for various control

measures, including federal emission

control measures.

Our January 1994, guidance

document, Guidance on the Post-1996

Rate-Of-Progress Plan and the

Attainment Demonstration, provides

States with the appropriate methods to

calculate the emission reductions

needed to meet the 9% ROP

requirement. A complete list of ROP

guidance documents is provided in the

TSD for this rulemaking, which can be

obtained from the Region 5 office at the

address indicated above.

What are the Special Requirements for

Claiming NOX Reductions?

If a Post-1996 ROP Plan relies on NOX

reductions, it is subject to certain

requirements. Under section

182(c)(2)(C) of the Act, a plan can

substitute NOX reductions for VOC if

the resulting ozone reduction is at least

equivalent to the ozone reduction that

would occur under a plan that relies

only on VOC reductions. As required by

section 182(c)(2)(C), we issued guidance

concerning the conditions for

demonstrating equivalency. Our

guidance provides that the NOX

substitution strategy must show that the

sum of the creditable VOC and NOX

reductions equal a 9% reduction from

1990 baseline emissions. Moreover, the

State must provide technical

justification that the NOX reductions

will reduce ozone concentrations within

the area.

On December 29, 1997, we issued a

policy memorandum entitled,

‘‘Guidance for Implementing the 1-Hour

Ozone and Pre-Existing PM10 NAAQS.’’

The policy provides that States included

in the core part of the Ozone Transport

Assessment Group (OTAG) domain can

claim credit for NOX reductions that

occur within the State’s boundaries.

(For more information on OTAG, see

http://www.epa.gov/ttn/rto/otag).

Illinois is within the core OTAG

domain. Consequently, the State can

claim NOX reductions from outside the

Chicago Ozone Nonattainment Area, but

within the State’s boundaries, for its

Post-1996 ROP Plan, provided the State

submits a technical analysis showing

that NOX reductions will reduce ozone

concentrations in the nonattainment

area.

The December 1997 policy also states

that a nonattainment area which has

been granted a NOX waiver can still

claim NOX reductions from outside the

nonattainment area, but within the

State’s boundaries, if such reductions

will reduce ozone concentrations within

the nonattainment area. We granted a

NOX waiver for the Chicago Ozone

Nonattainment Area on January 26,

1996 (61 FR 2428). NOX waivers are

allowed under section 182(f) of the Act.

A State can obtain a waiver to exempt

an area from local NOX control

requirements if it can show that local

NOX reductions are not beneficial for

attainment of the ozone NAAQS. Illinois

made this demonstration for the Chicago

Ozone Nonattainment Area, and a NOX

waiver was granted. However, OTAG

modeling has shown that several NOX

waiver areas actually benefit from NOX

reductions downwind. Therefore, under

the December 1997 policy, a State can

credit NOX reductions outside a NOX

waiver area, but within the State’s

boundaries, if the State provides a

technical analysis showing the

reductions will lower ozone

concentrations within the

nonattainment area.

III. Illinois’ Calculation of the Needed

ROP Reduction

How Does Illinois Demonstrate That It

Meets the Requirements for Claiming

NOX Reductions?

To justify claiming attainment area

NOX reductions for ROP, Illinois

submitted results of both the OTAG

regional ozone modeling study, and

ozone modeling done in January 1999

by the Lake Michigan Air Directors

Consortium. The modeling results show

that downstate NOX reductions

contribute to a reduction of ozone

background concentrations in the

Chicago Area. Illinois, therefore,

satisfies the requirement set forth in the

December 1997 policy that NOX

reductions outside the nonattainment

area must reduce ozone concentrations

Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules 11529

within the nonattainment area to be

creditable as ROP reductions.

How Did Illinois Calculate the Needed

ROP and Contingency Measure

Reduction?

The following tables summarize the

State’s Post-1996 ROP calculations for

determining the needed 9% ROP and

3% contingency measure emission

reductions.

Required Emission Reduction by 1999

for the Chicago Area

ROP based on NOX Substitution in the

Ozone Attainment Area

VOC = 2%; NOX = 7%

NEEDED VOC REDUCTION BY 1999

Tons VOC/day

Calculation of the VOC Target Level for 1999

1990 Chicago Area Total VOC Emissions .......................................................................................................................................... 1,363.40

1990 ROP VOC Emissions (Anthropogenic only) ............................................................................................................................... 1,216.56

1990–99 Noncreditable Reductions .................................................................................................................................................... 179.57

1990 Adjusted Base Year Emissions (1990 ROP Emissions minus Noncreditable Reductions) ...................................................... 1,036.99

2% of Adjusted Base Year Emissions ................................................................................................................................................. 20.74

1999 Fleet Turnover Correction Factor ............................................................................................................................................... 28.46

1996 Target Level (From 15% ROP Plan) .......................................................................................................................................... 857.02

1999 Target Level (1996 Target Level minus 2% Reductions minus Fleet Turnover Correction Factor) ......................................... 807.82

Calculation of the Needed VOC Reduction Net-of-Growth

1996 VOC Emissions with 15% ROP Plan Measures ........................................................................................................................ 835.81

1999 Projected VOC Emissions (1996 VOC Emissions Grown to 1999 plus Noncreditable Emission Reductions Only) ................ 929.61

VOC Creditable Reduction Needs by 1999 Net-of-Growth (1999 Projected Emissions minus 1999 Target Level) .......................... 121.79

Contingency Measure Requirement (3% of Adjusted Base Year Emissions) .................................................................................... 31.11

TOTAL VOC EMISSION REDUCTIONS REQUIRED ................................................................................................................. 152.90

NEEDED NOX REDUCTION BY 1999

Tons NOX/day

Calculation of the NOX Target Level for 1999

1990 Attainment Area Total NOX Emissions ...................................................................................................................................... 2085.80

1990 ROP NOX Emissions (Anthropogenic only) ............................................................................................................................... 2085.80

1990–99 Noncreditable Reductions .................................................................................................................................................... 128.26

1990 Adjusted Base Year Emissions (1990 ROP Emissions minus Noncreditable Reductions) ...................................................... 1957.54

7% of Adjusted Base Year Emissions ................................................................................................................................................. 137.03

1999 Target Level (1990 Adjusted Base Year Emissions minus 7% Reductions) ............................................................................. 1820.51

Calculation of the Needed NOX Reduction Net-of-Growth

1999 Projected NOX Emissions (1996 NOX Emissions Grown to 1999 plus Noncreditable Emission Reductions Only) ................. 2063.03

Creditable Reduction Needs by 1999 Net-of-Growth (1999 Projected Emissions minus 1999 Target Level) ................................... 242.52

Contingency Measure Requirement (All Contingency Coming From VOC Portion of ROP Plan) ..................................................... 0

TOTAL NOX EMISSION REDUCTION REQUIRED .................................................................................................................... 242.52

Using EPA guidance, Illinois

calculated the needed emissions

reduction by taking the following steps:

A. Determine what proportion of the 9%

reduction is VOC and what

proportion is NOX.

B. Establish the emission baselines for

both VOC and NOX.

C. Calculate the emission target levels to

meet the overall 9% reduction by

1999.

D. Estimate the projected emission

growth that would occur if no 9%

emission reduction takes place.

E. Subtract the projected emission level

from the emission target to determine

the VOC and NOX emission reduction

needed, net of growth.

F. Calculate the needed contingency

measure reduction.

The State obtained data for

developing the plan from the Chicago

Ozone Nonattainment Area 15% ROP

Plan, EPA guidance documents, and

information received from industry and

public agencies.

A. Proportion of VOC to NOX Emission

Reduction

Illinois’ proposed Post-1996 ROP Plan

relies on both VOC and NOX reductions

to meet the 9% reduction in ozone

precursors. Under Illinois’ proposed

plan, 2% of the required ROP

reductions are VOC reductions in the

Chicago Ozone Nonattainment Area,

and 7% are NOX reductions from within

the State, but outside the ozone

nonattainment area.

B. Emission Baselines

Under our Post-1996 policy, plans

that rely on both VOC and NOX

reductions should have separate

emission baselines for each pollutant.

The Act requires baselines to represent

1990 anthropogenic emissions on a peak

ozone season weekday basis. Peak ozone

season weekday emissions represent the

average daily emissions of weekdays

11530 Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules

that occur during the peak 3-month

ozone period of June through August.

Illinois used the Chicago Area’s 1990

base year emission inventory as the

basis for the VOC baseline. We

approved the Chicago Area 1990

inventory as a SIP revision on March 14,

1995 (see 60 FR 13631). dddd

For the NOX baseline, Illinois used

the 1990 statewide NOX emission

inventory it submitted to EPA in

response to the NOX SIP Call (see

Federal Register 63 FR 57356, October

27, 1998). The NOX baseline consists of

the 1990 emissions which occurred

statewide, but excluding emissions from

the Chicago and Metro-East St. Louis

ozone nonattainment areas. The State

excluded the nonattainment area

emissions from the baseline because the

State is relying on NOX reductions only

from the State’s ozone attainment area,

and because the State has an approved

waiver from NOX emission controls in

the Chicago Ozone Nonattainment Area.

Illinois EPA’s technical analysis for

supporting NOX substitution shows that

NOX reductions which occur in the

attainment area reduces ozone

concentrations in the Chicago Ozone

Nonattainment Area. Therefore, Illinois’

NOX baseline is consistent with the

technical analysis Illinois submitted for

justifying NOX substitution in the

Chicago Ozone Nonattainment Area.

The Act requires that the ROP

baseline be ‘‘adjusted’’ to exclude

emissions eliminated by the Federal

Motor Vehicle Control Program

(FMVCP) and Federal Reid Vapor

Pressure (RVP) regulations promulgated

before November 15, 1990. Because

these regulations were promulgated

before the 1990 amendments to the Act,

the Act prohibits States from claiming

ROP reductions from these regulations.

To achieve an accurate ROP target,

however, the State must subtract the

noncreditable reductions from the

baseline to reflect the impact of these

reductions on 1999 emissions. The

resulting inventory is called the

‘‘adjusted base year inventory.’’

The adjusted base year inventory

under the proposed Illinois Post-1996

ROP Plan is different than the adjusted

inventory used under the 15% ROP

Plan. This is because the emission

reduction associated with the FMVCP

program change over time as fleet

turnover occurs, i.e., old vehicles in an

area are replaced with new vehicles.

Illinois EPA determined the emission

reduction associated with the

noncreditable FMVCP and RVP

programs by using our MOBILE

emission factors program.

C. 1999 Emission Target Level To Meet

9% Reduction

After the State establishes the

adjusted base year emission inventories,

the next step is to calculate the VOC and

NOX emission target levels for 1999. The

January 1994 EPA policy document,

Guidance on the Post-1996 Rate-OfProgress Plan and the Attainment

Demonstration, provides the method for

calculating target levels. To calculate

the VOC target, the State first identified

the previous milestone target, which in

this case is the 1996 target level under

the 15% plan. From the 1996 target

level, the State subtracted (1) the

percent reduction required to meet the

ROP requirement, and (2) the fleet

turnover correction factor.

The State obtained the 1996 VOC

target level from the 15% ROP Plan. The

percent reduction used is 2% of the

adjusted base year inventory. The fleet

turnover correction factor represents the

emission reduction that has occurred

under the pre–1990 Act FMVCP and

RVP regulations between consecutive

milestone years, i.e., 1996 to 1999. Since

the 1996 target level and the 2% ROP

reduction do not factor in these

reductions, the fleet turnover correction

factor is necessary to accurately

calculate the emission level that must be

achieved by 1999.

For NOX, a 1996 target level from a

15% plan does not exist. Therefore, the

State needs only to subtract the 7%

adjusted emission inventory reductions,

and the noncreditable NOX reductions

from the pre–1990 Act FMVCP program,

from the 1990 adjusted base year

emission inventory. No fleet correction

factor is necessary when calculating the

NOX target this way.

D. 1999 Projected Growth Level

To account for source emission

growth between 1990 and 1999, the

State must develop a projected emission

inventory for both VOC and NOX. The

projected emission inventory represents

what emissions would be in 1999 if no

control measure claimed for credit in

the Post-1996 ROP Plan had occurred.

The State established the projected

emission inventories for point, and

nonroad source categories by taking the

1990 emission inventories and applying

either EPA growth factors, or State

justified growth factors. Projected

vehicle emissions were established

using the MOBILE model. The projected

emission inventory for NOX is

consistent with the emission inventory

data which the State submitted to us in

response to the NOX SIP call.

E. Emission Reduction Needed for 9%

Reduction Net-Of-Growth

According to the State’s calculations,

a 152.90 TPD VOC emission reduction

is needed in the Chicago Ozone

Nonattainment Area, and a 242.52 TPD

NOX emission reduction is needed in

the Illinois Ozone Attainment Area to

meet the 9% ROP requirement.

F. Calculation of the Needed

Contingency Measure Reduction

Consistent with guidance provided in

the General Preamble, Illinois

determined the needed contingency

measure reduction by multiplying 3% of

the 1990 adjusted base year emissions.

Based on this calculation, the needed

contingency measure reduction for the

Chicago Area is 31.11 TPD of VOC.

IV. The Proposed Illinois Post-1996

ROP Plan Control Strategies

What Are the Criteria for Acceptable

Control Strategies?

Under section 182(b)(1)(C) of the Act,

emission reductions claimed for ROP

must be creditable to the extent that the

reductions have actually occurred

before the applicable ROP milestone

date, i.e., November 15, 1999.

To meet this requirement, our policy

provides that all credited emission

reductions must be real, permanent, and

enforceable. In addition, the plan’s

control measures must be adopted and

implemented before November 15, 1999.

Post-1996 plans must also adequately

document the methods used to calculate

the emission reduction for each control

measure. Our policy under the ‘‘General

Preamble’’ (see 57 FR 13567) provides

that, at a minimum, the methods should

follow the following four principles: (1)

Emission reductions from control

measures must be quantifiable; (2)

control measures must be enforceable;

(3) interpretation of the control

measures must be replicable; and (4)

control measures must be accountable.

Section 182(b)(1)(D) of the Act places

limits on what control measures States

can include in ROP plans. All

permanent and enforceable control

measures occurring after 1990 are

creditable with the following

exceptions: (1) FMVCP requirements

promulgated by January 1, 1990; (2) RVP

regulations promulgated by November

15, 1990; (3) Reasonably Available

Control Technology (RACT) ‘‘Fix-Up’’

regulations required under section

182(a)(2)(A) of the Act; and (4)

Inspection and Maintenance (I/M)

program ‘‘Fix-Ups’’ as required under

section 182(a)(2)(B) of the Act.

Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules 11531

What Are the Control Strategies Under

the Proposed Illinois Post-1996 ROP

Plan?

A. Point/Area Sources

1. Title IV Acid Rain Power Plant

Controls

This federal regulation requires

certain power plants to limit NOX

emissions to reduce acid rain. These

NOX reductions, in turn, benefit the

Chicago Area in dealing with its ozone

nonattainment problem.

Phase I of the acid rain regulation

began on January 1, 1996, and Phase II

began January 2000. Illinois is claiming

credit for only those NOX control

measures that certain power plants have

implemented to meet the Federal acid

rain rules.

The power plants that Illinois is

claiming NOX reductions from are the

following:

Plant name Unit(s) Control technology

Emission reduction NOX

TPD

Illinois Power ........................... Baldwin 1 ................................ Selective Catalytic Reduction .................................................. 50.00

Illinois Power ........................... Baldwin 2 ................................ Selective Catalytic Reduction .................................................. 44.85

Illinois Power ........................... Baldwin 3 ................................ Low NOX Burner ...................................................................... 16.10

Illinois Power ........................... Vermillion 1–2 ......................... Low NOX Burner ...................................................................... 5.48

Illinois Power ........................... Hennepin 1–2 ......................... Boiler Tuning Modifications ...................................................... 3.78

Electric Energy ........................ Joppa 1–6 ............................... Low NOX Burner ...................................................................... 51.85

Commonwealth Edison ........... Powerton 5–6 .......................... Change to Low-Sulfur Coal ...................................................... 14.30

Dominion Energy ..................... Kincaid 1–2 ............................. Change to Low-Sulfur Coal ...................................................... 18.39

Cilco ......................................... Edwards 2–3 ........................... Low NOX Burner ...................................................................... 17.18

Baldwin 3, Vermillion 1–2, Hennepin

2, and Joppa 1–6 are subject to Phase I

NOX emission rates under the acid rain

rule. Powerton 5–6 and Kincaid 1–2

were required to change to low-sulfur

coal to meet sulfur dioxide limitations

under the acid rain rules; low-sulfur

coal has reduced NOX emission rates at

these plants.

Baldwin 1–2, and Edwards 2–3 are

subject to the acid rain Phase II NOX

emission limitations, which take effect

January 2000. NOX reductions from

these sources are creditable because the

sources implemented control measures

to meet the Phase II acid rain

requirements prior to November 15,

1999. The State determined emission

reductions using OTAG data, as well as

data from Continuous Emission

Monitors (CEM) at the plants.

2. 1999 Cold Cleaning Degreasing

This rule establishes vapor pressure

standards for cold cleaning degreasing

solvents sold or used in the Chicago

Ozone Nonattainment Area. Cold

cleaning degreasing takes place at auto

repair shops, car dealerships, machine

shops and other metal fabrication, and

manufacturing businesses. Cold

cleaning degreasers typically consist of

a holding tank containing solvent,

connecting hoses, and a small vat where

components are sprayed and brushed

clean. The rule regulates both the

suppliers and users of cold cleaning

degreasing solvents in the

nonattainment area. Beginning March

15, 1999, the rule limits the vapor

pressure of solvent to 2.0 millimeters of

mercury (0.038 pounds per square inch)

measured at 20 degrees Celsius (68

degrees Fahrenheit).

3. Stepan Batch Processes

On April 2, 1996, we approved

Illinois’ batch process RACT rule as a

revision to the SIP. Under the rule, the

process vents at batch operations 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). Illinois had

claimed credit for the rule under the

15% plan. However, at the time of

rulemaking on the 15% plan, we did not

allow credit for controls at Stepan

Company’s Milldale facility, because of

the uncertainty whether the controls

were implemented before or after 1990.

As part of the December 17, 1999, Post1996 ROP amended submittal, Illinois

submitted documentation showing that

the controls were implemented after

1990. Therefore, we are proposing to

approve credit for the emission

reductions which occurred at Stepan

Company.

4. Municipal Solid Waste Landfills

On November 23, 1998 (63 FR 64628),

we approved Illinois’ section 111(d)/129

State Plan for municipal solid waste

landfills. The State Plan includes

regulations requiring the control of NonMethane Organic Compound (NMOC)

emissions at existing landfills that have

a design capacity threshold of equal to

or above 2.5 million megagrams (Mg)

measured in mass units and 2.5 million

cubic meters (m3) measured in volume

units, and have an annual emissions

equal to or above 50 Mg/year of NMOC

gases. The rule adopts our March 12,

1996, Emission Guidelines for this

source category (see 61 FR 9905).

Subject landfills must install a welldesigned and well-operated collection

and control system to reduce NMOC

gases. A portion of NMOC is VOC, and

therefore landfill controls are creditable

toward the ROP plan. In the Chicago

Ozone Nonattainment Area, there are

twelve landfills which have installed

and are operating the required gas

collection and control systems pursuant

to construction permits.

5. Coke Oven By-Product Plants

This Federal NESHAP applies to all

furnace and foundry coke oven byproduct recovery plants. The NESHAP

requires that process vessels and tar

storage tanks in furnace and foundry

coke by-product recovery plants be

enclosed and emissions ducted to an

enclosed point in the by-product

recovery process where they will be

recovered or destroyed. This

requirement is based on the use of a gas

blanketing system. The same

requirement also applies to storage

tanks for benzene, benzene-toluenexylene mixtures, and light-oil in furnace

coke by-product recovery plants. The

standard also calls for visual inspections

and monitoring (leak detection and

repair) as well as annual maintenance

inspections.

It should be noted that Illinois

originally claimed credit in the

December 18, 1997, submitted Post-1996

ROP Plan for the Emission Reduction

Marketing System (ERMS), a new State

regulation establishing a VOC cap and

trade requirement for Chicago Area

stationary sources. However, the ERMS

program has been delayed beyond

November 15, 1999. Therefore, Illinois

is not claiming credit in the proposed

Post-1996 ROP Plan for ERMS.

11532 Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules

However, Illinois EPA plans to rely on

the ERMS program in future ROP plans.

B. Mobile/Nonroad Sources

1. Enhanced I/M Program

The Act requires Illinois to establish

an enhanced vehicle I/M program in the

Chicago Area to achieve a higher

emission reduction than the State’s

original I/M program. Enhanced I/M

covers more vehicles in operation in the

fleet and employs more effective

techniques for finding high emitting

vehicles. The new program also has

additional features to ensure that all

vehicles are tested properly and are

effectively repaired.

We approved the Illinois’ enhanced

I/M program for the Chicago Ozone

Nonattainment Area on February 22,

1999 (64 FR 8517). The State began

testing vehicles under the new program

on February 1, 1999.

A single contractor, Envirotest, Inc.,

operates a test-only centralized network

for inspections and re-inspection. The

I/M contractor has constructed or

retrofitted all the emission test sites

required under the State I/M contract.

The Illinois I/M program requires

coverage of all 1968 and newer gasolinepowered light-duty passenger cars and

light-duty trucks up to 8,500 pounds

Gross Vehicle Weight Rating (GVWR).

The program requires all applicable

1981 and newer vehicles to meet an

IM240 exhaust test (a test that simulates

actual driving conditions using a

dynamometer). These vehicles must also

undergo a gas cap check to reduce

evaporative emissions. All applicable

1968 through 1980 vehicles will be

subject to a basic idle emission exhaust

test. The frequency of the test is

biennial, with the first four years of a

new vehicle excluded.

Due to the delay in implementation of

the enhanced I/M program, we

requested Illinois EPA to revise its

original estimate from 30.10 TPD to 15

TPD emission reduction, which

represents only the level of emission

reduction that occurred between

February 1, 1999, and November 15,

1999. Since the 15 TPD reduction does

not represent the Illinois’ program full

cutpoints, additional emission

reduction credit will be available for use

in future ROP plans.

2. Phase I Reformulated Gasoline

Beginning January 1, 1995, EPA

regulations require only reformulated

gasoline to be sold in the Chicago Ozone

Nonattainment Area. Reformulated

gasoline is specially designed to result

in less VOC emissions occurring from

motor vehicle operation and gasoline

evaporation. Illinois ran our MOBILE

model and determined that Phase I of

the reformulated gasoline requirement

achieved 65.5 TPD of reductions in the

Chicago Area in 1999.

3. Post-1994 Tier 1 Vehicle Emission

Rates

Pursuant to section 202 of the Act, we

promulgated new standards that tighten

emission control requirements for

passenger cars and light-duty trucks,

called ‘‘Tier I’’ standards. The

standards, fully effective in 1996, are

approximately twice as stringent as pre1990 vehicle standards.

Tier I standards require both VOC and

NOX reduction. Illinois is claiming VOC

reductions from Tier I that occur within

the Chicago Ozone Nonattainment Area,

and NOX reductions that occur within

the Illinois Ozone Attainment Area.

4. 1992 Vehicle I/M Program

Amendments

In 1992, Illinois added improvements

to its original I/M program as a result of

an agreement resolving a lawsuit

between Wisconsin and EPA. Illinois

added a tamper check and two-speed

idle test to the basic I/M program in the

Chicago metropolitan area. The State

also increased the coverage of the

program over the Chicago metropolitan

area. Illinois fully implemented these

changes to the I/M program in 1992.

5. Federal Gasoline Detergent Additive

Beginning January 1, 1995, federal

regulations require that gasoline sold

nationwide must contain additives to

prevent accumulation of deposits in

engines and fuel systems. Preventing

such deposits maintains the efficiency

of engine systems and reduces VOC

emissions resulting from engine

efficiency degradation.

6. Federal Non-Road Small Engine

Standards

Illinois is claiming emission

reduction credit from two federal rules

which affect gasoline nonroad engines,

the 1995 federal emission standards for

nonroad engines at 25 horsepower (hp)

and below, and the 1996 marine

gasoline engine standards.

The nonroad engine standards,

beginning in model year 1997, primarily

affects two stroke and four stroke lawn

and garden equipment, and light

commercial, construction, and logging

equipment. The marine engine rule

applies to marine spark-ignition engines

for outboards, personal watercraft, and

jet boats, beginning in model year 1998.

The State estimated the emission

reduction for these standards through

using our guidance document, ‘‘Future

Nonroad Emission Reduction Credits for

Court-Ordered Nonroad Standards,’’

dated November 28, 1994.

The State also claimed an emission

reduction for the impact the

reformulated gasoline program has on

nonroad engines. Our guidance

document, ‘‘VOC Emission Benefits for

Nonroad Equipment with the Use of

Federal Phase I Reformulated Gasoline,’’

dated August 18, 1993, provides the

methodology for determining the

emission reduction impact of

reformulated gasoline on nonroad

engines.

7. Federal Non-Road Heavy-Duty Engine

Standards

In 1994, we promulgated national

NOX emission standards for large

nonroad Compression Ignition (CI)

engines at 50 hp and above. Such

engines include farm tractors,

bulldozers, and forklifts. This standard

is the ‘‘Tier 1’’ standard for CI engines

at or above 50 hp. Implementation of the

standard began January 1, 1996. Illinois

is claiming credit for the NOX

reductions this regulation achieves in

the Illinois Ozone Attainment Area.

8. Clean-Fuel Fleet (CFF) Vehicle

Program

The State has a CFF rule which

requires certain vehicle fleets in the

Chicago Ozone Nonattainment Area to

purchase vehicles with tighter emission

standards than conventional vehicles.

The program affects fleets with ten or

more vehicles which can be centrally

fueled. Beginning with model year 1999,

these fleets must ensure that a certain

percentage of new vehicle acquisitions

are certified to meet EPA’s Low

Emission Vehicle (LEV) emission

standards. In model year 1999, 30% of

new light-duty vehicle acquisitions, and

50% of heavy-duty vehicle acquisitions

made by covered fleets must be certified

LEVs.

9. Energy Policy Act

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.

Illinois EPA estimated that, by 1996,

2,000 AFVs were operating in the

Chicago Area.

10. TCMs

See part V of this rulemaking action,

‘‘EPA’s approval of the TCMs in the

Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules 11533

Post-1996 ROP Plan,’’ for a description

of the TCMs for which Illinois is

claiming credit to meet the 9%

reduction requirement.

What Are the Federal Register Citations

for the Federal Approval or

Promulgation of the Control Measures?

FEDERAL APPROVAL OR PROMULGATION OF CONTROL MEASURES

Control measure Date of EPA approval or promulgation

Title IV Acid Rain Power Plant Controls ............ Federal Regulation, 40 CFR 72–78, April 13, 1995 (60 FR 18761).

1999 Cold Cleaning Degreasing ........................ November 26, 1997 (62 FR 6295).

Batch Process Rule ............................................ April 2, 1996 (61 FR 14484).

Municipal Solid Waste Landfills .......................... November 23, 1998 (63 FR 64628).

Coke Oven By-Products Recovery NESHAP ..... Federal Regulation, 40 CFR 61 Subpart L, September 14, 1989 (54 FR 38047).

Enhanced Vehicle I/M Program .......................... February 22, 1999 (64 FR 8517).

Reformulated Gasoline ....................................... Federal Regulation, 40 CFR 80, Subpart D, February 16, 1994 (59 FR 7716).

Post-1994 Tier 1 Vehicle Emission Rates .......... Federal Regulation, 40 CFR 86, June 5, 1991 (56 FR 25724).

1992 Vehicle I/M Program Amendments ........... April 9, 1996 (61 FR 15715).

Federal Gasoline Detergent Additive ................. Federal Regulation, 40 CFR 80, Subpart G, November 1, 1994 (59 FR 54706).

TCMs .................................................................. EPA is proposing approval today. Final rulemaking action will occur on date of final rulemaking

action on the Post-1996 ROP Plan.

1992 EPAct ......................................................... Federal Regulation, 10 CFR 490, March 14, 1996 (61 FR 10621).

Federal Nonroad Small Gasoline Engine Standards.Federal Regulation, 40 CFR 90, July 3, 1995 (60 FR 34582).

Federal Marine Spark-Ignition Engine Standard Federal Regulation, 40 CFR 91, October 4, 1996 (61 FR 52087).

Federal Nonroad Large Diesel Engine Standards.Federal Regulation, 40 CFR 89, June 17, 1994 (59 FR 31306).

CFF Vehicle Program ......................................... March 19, 1996 (61 FR 11139).

How Were the Emission Reductions To

Be Achieved Through the Control

Strategies Calculated?

We have issued several policy

documents, listed in the TSD, which

provide assumptions for States to use in

quantifying emission reductions. We

have also developed the MOBILE model

for the States to calculate emission

reductions from mobile sources.

The State appropriately used our

policy documents and MOBILE model

for calculating emission reductions.

Illinois obtained the necessary data for

quantifying the source baselines and

emission reductions from its 1990

emission inventory, OTAG

documentation submittal, CEM data (for

acid rain reductions), permit

information, and from surveying

affected industries. Where Illinois had

to develop its own assumptions

regarding emission reductions, the

assumptions were adequately justified

based on existing data.

It should be noted that Illinois is

claiming Post-1996 ROP credit for

mobile and nonroad source measures

that were part of the 15% ROP Plan,

including Tier 1, I/M expansion, Phase

I reformulated gasoline, nonroad small

engine standards, federal detergent

additive, and EPAct. However, no

double-counting of emission reductions

has occurred, because, unlike other 15%

control measures, the State did not

consider these measures when

calculating the 1999 projected growth

inventory. The State treated these

reductions separately because the

impact of these measures change over

time due to fleet turnover.

As noted in part III of this Federal

Register document, the State calculated

the projected growth in emissions

assuming no 9% ROP reductions in

place, and subtracted the 1999 target

from the projected emissions to find the

needed reduction net-of-growth. The

impact on the plan would be the same

if Illinois factored in the above control

measures in the 1999 projected growth

inventory and had not treated these

measures as creditable Post-1996 ROP

reductions. Consequently, Illinois can

claim reductions from these measures as

legitimate Post-1996 ROP reductions.

What Are the Emission Reductions To

Be Achieved Through the Control

Strategies?

The following tables summarize the

State’s VOC and NOx reduction claims

for the Post-1996 ROP control measures,

and the amount of reductions we find

acceptable.

Control measure

VOC reduction

state claimed

tons/day

VOC reduction

credit accepted tons/day

Mobile Source Measures

Post-1994 Tier 1 Vehicle Emission Rates ............................................................................................................... 16.80 16.80

Phase I Reformulated Gasoline .............................................................................................................................. 65.50 65.50

Federal Detergent Additive Gasoline ...................................................................................................................... 2.20 2.20

1992 I/M Program Improvements ............................................................................................................................ 7.00 7.00

Enhanced I/M Program ............................................................................................................................................ 30.10 15.00

Conventional TCMs ................................................................................................................................................. 2.00 2.00

National Energy Policy Act of 1992 ......................................................................................................................... 0.20 0.20

Federal Non-Road Small Engine Standards ........................................................................................................... 23.43 23.43

National Low Emission Vehicle Program ................................................................................................................ (1) (1)

Clean Fuel Fleet Vehicle Program .......................................................................................................................... 0.30 0.30

Subtotal ............................................................................................................................................................. 147.53 132.43

Industrial Source Measure

ERMS ....................................................................................................................................................................... (1) (1)

11534 Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules

Control measure

VOC reduction

state claimed

tons/day

VOC reduction

credit accepted tons/day

Stepan Batch Process Rule Credit .......................................................................................................................... 9.40 9.40

Municipal Solid Waste Landfill ................................................................................................................................. 1.06 1.06

Coke Oven By-Product NESHAP ............................................................................................................................ 2.65 2.65

Subtotal ............................................................................................................................................................. 13.11 13.11

Area Source Measures

1999 Cold Cleaning Degreasing Limits ................................................................................................................... 11.35 11.35

Total 1999 Creditable VOC Reductions ........................................................................................................... 171.99 156.89

1 Deferred.

Control measure

NOX reduction

state claimed

tons/day

NOX reduction

credit accepted tons/day

Mobile Source Measures

Post-1994 Tier 1 Vehicle Emission Rates ............................................................................................................... 24.30 24.30

Federal Heavy-Duty Non-Road Engine Standards ................................................................................................. 15.75 15.75

Subtotal ............................................................................................................................................................. 40.05 40.05

Industrial Source Measures

Title IV Acid Rain Controls ...................................................................................................................................... 221.92 221.92

Total 1999 Creditable NOX Reductions ........................................................................................................... 261.97 261.97

V. EPA’s Approval of the TCMs in the

Post-1996 ROP Plan

What Are TCMs?

TCMs are programs that encompass

elements of transportation system

management and/or transportation

demand management. Transportation

system management strategies are

typically low capital intensive

transportation improvements that

increase the efficiency of transportation

facilities and services. Transportation

demand management involves policies,

programs, and actions directed toward

increasing the use of high occupancy

vehicles (transit, carpooling, and

vanpooling), and the use of bicycling

and walking.

The Chicago Area Transportation

Study (CATS), a Metropolitan Planning

Organization (MPO), implements TCMs

in the Chicago Area. CATS implements

a number of TCM projects to both

reduce Vehicle Miles Traveled (VMT)

and 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).

The proposed Post-1996 ROP Plan

claims emission reduction credit for

TCMs implemented between 1990 and

1996 which were not included in the

15% plan, and TCMs implemented

between 1996 and 1999.

What Are the TCMs Submitted With the

Illinois Post-1996 ROP Plan?

CATS has documented TCM

implementation and estimated emission

reductions in the following documents:

(1) ‘‘Transportation Control Measures

Committal to the State Implementation

Plan,’’ November 5, 1992;

(2) ‘‘Transportation Control Measures

Contribution to the 15% Rate of

Progress State Implementation Plan,’’

December 9, 1993;

(3) ‘‘Transportation Control Measures

Contribution to the Control Strategy

State Implementation Plan,’’ March 9,

1995;

(4) ‘‘Transportation Control Measures

Contribution to the Post-1996 Rate-OfProgress State Implementation Plan,’’

March 22, 1996;

(5) ‘‘Transportation Control Measures

Contribution to the 9% Control Strategy

State Implementation Plan,’’ June 11,

1998; and,

(6) ‘‘1999 Transportation Control

Measures Contribution to the 9% Rate of

Progress Control Strategy State

Implementation Plan,’’ December 9,

1999.

The November 5, 1992, document

provides a comprehensive discussion of

the TCM planning and implementation

process in the Chicago region. Illinois

submitted the December 9, 1993, and

March 9, 1995, documents with the

Chicago Area VMT Offset SIP revision,

and provided the basis for emission

reductions claimed as part of the 15%

ROP Plan.

On September 21, 1995, we

incorporated into the SIP 127 TCMs

when we approved the Illinois’ Vehicle

Miles Traveled (VMT) Offset SIP (60 FR

48896). As indicated in the September

21, 1995, rulemaking, the combined

emission reduction from these TCMs is

2.78 TPD by 1996. Of this reduction, the

State claimed 2 TPD in the 15% plan,

which leaves 0.78 TPD for use in the 9%

ROP plan.

The 1995, 1996, 1998, and 2000 TCM

documents demonstrate an additional

1.22 TPD from TCMs which have been

implemented by November 15, 1999.

These TCMs include:

(1) Improved public transportation, such

as fixed guideway transit and rail

station infrastructure

improvements;

(2) Traffic flow improvements, such as

traffic signalization and intersection

and road widening;

(3) Increased park and ride service,

parking at major transit stations,

and fringe parking to serve major

highway facilities; and,

(4) Bicycle and pedestrian programs,

including increased bicycle lanes

and paths, racks and storage

facilities, and sidewalks and

walkways.

How Do TCMs Become Approvable as

Revisions to the SIP?

States can take credit for TCMs that

we have approved as revisions to the

Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules 11535

SIP. Our requirements for TCMs are

summarized in the June 1993, guidance

document, ‘‘Guidance on Preparing

Enforceable Regulations and

Compliance Programs for the 15 Percent

Rate-of-Progress Plans,’’ dated June

1993.

The required elements are:

(1) A complete description of the

measure, and, if possible, its estimated

emission 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 the implementing

agencies have adopted a complete

schedule to plan, implement, and

enforce the measure; and

(6) A description of any monitoring

program to evaluate the measure’s

effectiveness and to allow for necessary

in-place corrections or alterations.

Are the Chicago Area 1996–1999 TCMs

Approvable?

The TCM documents cited above

provide the necessary documentation to

incorporate into the SIP the TCMs

implemented between 1996 and 1999 in

the Chicago Ozone Nonattainment Area.

VI. EPA Review of the Proposed Illinois

Post-1996 ROP Plan

Why Is the Proposed Illinois Post-1996

ROP Plan Approvable?

We reviewed the documentation

submitted with the proposed Post-1996

ROP Plan. From this review, we find

that the proposed plan is approvable.

The State provided sufficient

justification that the attainment area

NOX reductions will reduce ozone

concentrations in the Chicago Ozone

Nonattainment Area. Illinois also

correctly calculated, following our

guidance documents, the emission

reduction needed to meet the 9% ROP

reduction requirement.

The proposed plan’s control measures

are creditable because the emissions

reductions achieved are real,

permanent, and enforceable. All

claimed emission reductions from the

plan’s control measures occurred by

November 15, 1999, the Act’s deadline

by which creditable reductions are to

occur.

The State’s emission reduction

estimates for the control strategies

follow our guidance documents, where

applicable, and are adequately

documented with acceptable emission

control assumptions.

Finally, the proposed Post-1996 ROP

Plan shows that it will achieve a 9%

reduction of ozone precursor emissions

affecting the Chicago Ozone

Nonattainment Area.

COMPARISON OF NEEDED AND

CREDITABLE EMISSION REDUCTIONS

VOC Reduction Needed to Meet 2% ROP.121.79 TPD

VOC Reduction Needed to Meet 3% Contingency.31.11 TPD

VOC Reduction Needed for ROP and

Contingency.

152.90 TPD

Total Creditable VOC

Reduction.

156.89 TPD

NOX Reduction Needed to Meet 7% ROP.242.52 TPD

Total Creditable NOX

Reduction.

261.97 TPD

For these reasons, we are proposing to

approve Illinois’ proposed Chicago Area

Post-1996 ROP Plan, under our parallel

processing regulations at 40 CFR part

51, appendix V. We will take final

rulemaking action once the final

adopted plan is submitted, provided

that the final submitted plan is not

significantly different from the proposed

plan.

Why Is the Contingency Measure Portion

of the Plan Approvable?

The proposed Post-1996 ROP Plan

achieves, in addition to a 9% ozone

precursor reduction, a 3% reduction in

VOC through creditable control

measures. For this reason, the

contingency measure portion of the

proposed Post-1996 ROP Plan satisfies

the contingency measure requirements

of the Act. We therefore propose to

approve the contingency measure

portion of the plan.

VII. Transportation Conformity Mobile

Source Budget

In Illinois’ December 17, 1999,

supplemental submittal, the State

clearly identified in the proposed Post1996 ROP Plan the establishment of the

1999 motor vehicle emissions budget of

279.3 TPD of VOC. The 1999 budget in

the supplemental submittal is a revision

to the budget in the earlier ROP

submission. The revisions in the credit

granted for the control strategies

resulted in a change to the 1999 on-road

mobile source emissions total. This

emissions level serves as the emissions

budget for determining transportation

conformity. This Federal Register

approval will also approve the 1999 onroad mobile source budget of 279.3 TPD

of VOC.

VIII. Proposed Rulemaking Action

In this rulemaking action, we are

proposing to approve, through parallel

processing, the proposed Illinois SIP

revision, submitted on December 18,

1997, December 17, 1999, January 14,

2000, and January 21, 2000, establishing

the proposed Post-1996 ROP Plan and

contingency measures for the Chicago

Ozone Nonattainment Area. We are also

proposing to approve certain TCMs

which were submitted with the Post1996 ROP Plan and were implemented

between 1996 and 1999. We are taking

this action pursuant to parallel

processing regulations under 40 CFR

part 51, appendix V.

IX. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review.’’

B. Executive Order 13132

Federalism (64 FR 43255, August 10,

1999) revokes and replaces Executive

Order 12612 (Federalism) and Executive

Order 12875 (Enhancing the

Intergovernmental Partnership).

Executive Order 13132 requires EPA to

develop an accountable process to

ensure ‘‘meaningful and timely input by

State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.’’ Under Executive

Order 13132, EPA may not issue a

regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This final rule will not have

substantial direct effects on the States,

on the relationship between the national

11536 Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Proposed Rules

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

rule.

C. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it does not involve

decisions intended to mitigate

environmental health or safety risks.

D. Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly

affects or uniquely affects the

communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments. If the mandate is

unfunded, EPA must provide to the

Office of Management and Budget, in a

separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation.

In addition, Executive Order 13084

requires EPA to develop an effective

process permitting elected and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’ Today’s rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

This final rule will not have a

significant impact on a substantial

number of small entities because SIP

approvals under section 110 and

subchapter I, part D of the Clean Air 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 create any new requirements, I

certify that this action will not have a

significant economic impact on a

substantial number of small entities.

Moreover, due to the nature of the

Federal-State relationship under the

Clean Air Act, preparation of flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co., v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated annual costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. 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 to the private sector,

result from this action.

G. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

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

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This rule is not a ‘‘major’’ rule as

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

H. National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use ‘‘voluntary

consensus standards’’ (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

The EPA believes that VCS are

inapplicable to this action. Today’s

action does not require the public to

perform activities conducive to the use

of VCS.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Nitrogen Oxides, Ozone,

Volatile Organic Compounds.

Dated: February 24, 2000.

David A. Ullrich,

Acting Regional Administrator, Region 5.

[FR Doc. 00–5203 Filed 3–2–00; 8:45 am]

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