68378 Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Proposed Rules 

Commonwealth of Virginia that serves 

to remove from the SIP Virginia’s 

repealed regulation for the National Low 

Emission Vehicle (NLEV) program. 

Virginia repealed its regulation in 

December 2011, because the Virginia 

NLEV program regulation had by then 

expired and was superseded by more 

stringent federal Tier 2 passenger car 

and light-duty truck standards, which 

were promulgated by EPA on February 

10, 2000. More stringent federal Tier 2 

vehicle emission standards were 

implemented, on a phased-in basis, 

between model years 2004 and 2006, 

taking the place of the NLEV program. 

In the Final Rules section of this 

Federal Register, EPA is approving the 

Commonwealth’s SIP submittal as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by December 16, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0407 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0407, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0407. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, (215) 814–2176, or by email 

at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, also titled ‘‘Removal of the 

Regulation for the National Low 

Emission Vehicle Program,’’ which is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: September 30, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–27028 Filed 11–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0046; FRL–9902– 

91-Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Amendments to Vehicle Inspection and 

Maintenance Program for Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a state implementation plan (SIP) 

revision submitted by the Illinois 

Environmental Protection Agency 

(IEPA) on November 29, 2012, 

concerning the state’s vehicle inspection 

and maintenance (I/M) program in the 

Chicago and Metro-East St. Louis ozone 

nonattainment areas in Illinois. The 

revision amends I/M program 

requirements in the active control 

measures portion of the ozone SIP to 

reflect changes that have been 

implemented at the state level since 

EPA fully approved the I/M program on 

February 22, 1999. The submittal also 

includes a demonstration under section 

110(l) of the Clean Air Act (CAA) 

addressing lost emission reductions 

associated with the program changes. 

DATES: Comments must be received on 

or before December 16, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2013–0046, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312)692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 


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Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Proposed Rules 68379 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2013– 

0046. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional instructions 

on submitting comments, go to section 

I of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding federal holidays. We 

recommend that you telephone 

Francisco J. Acevedo, Mobile Source 

Program Manager, at (312)886–6061 

before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Francisco J. Acevedo, Mobile Source 

Program Manager, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312)886–6061, 

acevedo.francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What should I consider as I prepare my 

comments for EPA? 

II. Background 

III. What changes have been made to the 

Illinois I/M program? 

IV. What is EPA’s analysis of the State’s 

submittal? 

a. Substantive I/M Requirements 

b. Performance Evaluation 

c. Demonstrating Noninterference With 

Attainment and Maintenance Under 

CAA Section 110(l) 

V. What action is EPA proposing to take? 

VI. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period. 

II. Background 

The general purpose of motor vehicle 

I/M programs is to reduce emissions 

from in-use motor vehicles in need of 

repairs and thereby contribute to state 

and local efforts to improve air quality 

and to attain the national ambient air 

quality standards (NAAQS). 

Illinois has operated an enhanced I/M 

program in both the Chicago and MetroEast St. Louis ozone nonattainment 

areas since February 1999. The program 

is presently operating in Cook, DuPage 

and Lake Counties and portions of 

McHenry, Kane, Will and Kendall 

Counties in the Chicago ozone 

nonattainment area and in portions of 

Madison, St. Clair and Monroe Counties 

in the Metro-East St. Louis ozone 

nonattainment area. The program was 

authorized by the Illinois Vehicle 

Emissions Inspection Law (VEIL) of 

1995 (625 ILCS 5/13B). EPA fully 

approved Illinois’s enhanced I/M 

program into the SIP on February 22, 

1999, (64 FR 8517) including the 

program’s legal authority and 

administrative program standards and 

procedures found in 35 Ill. Adm. Code 

240 and 276. Initially, all vehicles were 

inspected by measuring tailpipe 

emission levels. As of February 1, 2007, 

the program dropped tailpipe testing 

entirely and inspected all vehicles by 

scanning the on-board diagnostics 

(OBD) systems. This change was the 

result of statutory changes outlined in 

the VEIL of 2005, as amended, 625 ILCS 

5/13C. 

III. What changes have been made to 

the Illinois I/M program? 

The Illinois I/M SIP revision 

submitted on November 29, 2012, 

reflects several changes to the approved 

program. The most significant changes 

to the Illinois I/M program took effect 

beginning on February 2007 and 

include: 

• The elimination of the IM240 

transient mode exhaust test for all 

vehicles beginning February 1, 2007. 

• The elimination of the evaporative 

system integrity (gas cap pressure) test 

for all OBD compliant vehicles 

beginning February 1, 2007. 

• The replacement of the computermatching enforcement mechanism with 

a registration denial based system 

beginning January 1, 2008. 

• The elimination of the steady-state 

idle exhaust and evaporative integrity 

(gas cap pressure) testing for all vehicles 

beginning February 1, 2012. 

• The exemption of pre-2007 model 

year (MY) heavy-duty vehicles (HDVs) 

with gross vehicle weight rating 

(GVWR) between 8,501 and 14,000 

pounds beginning February 1, 2012. 

• The exemption of all HDVs with a 

GVWR greater than 14,000 pounds as of 

February 1, 2012. 

• The requirement of OBD pass/fail 

testing for all 2007 and newer OBDcompliant HDVs. 

In addition to the changes discussed 

above, the November 29, 2012, 

submittal included a number of minor 

revisions to the program that do not 


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1The contractor’s license plate recognition 

system is not required at low-volume decentralized 

test and repair stations. 

have a significant impact on overall 

program operations or the emissions 

reductions associated with it. A full list 

of the regulatory changes submitted by 

Illinois for EPA approval includes: 

• VEIL of 2005, as amended, 625 ILCS 

5/13C (Public Act 94–526 enacted on 

August 10, 2005; Public Act 94–848 

enacted on June 9, 2006; Public Act 97– 

106, enacted on July 14, 2011). 

• Revisions to 35 Ill. Adm. Code 240 

(R11–19 effective March 18, 2011 (35 Ill. 

Reg. 5552 (April 1, 2011)); R12–12 

effective February 1, 2012 (36 Ill. Reg. 

1066 (January 27, 2012)). 

• Revisions to 35 Ill. Adm. Code 276 

effective June 28, 2011 (35 Ill. Reg. 

11268) and January 30, 2012 (36 Ill. Reg. 

2257). 

To support the changes outlined 

above, the revision also included a 

summary of the MOVES2010a modeling 

inputs used to calculate program 

benefits; a demonstration for meeting 

the modeling requirements for EPA’s 

alternate low enhanced I/M 

performance standard; and a section 

110(l) demonstration that includes offset 

emission credits. Full copies of the SIP 

revision are located in EPA’s docket. 

IV. What is EPA’s analysis of the State’s 

submittal? 

a. Substantive I/M Requirements 

EPA’s requirements for basic and 

enhanced I/M programs are found in 40 

CFR part 51, subpart S. The I/M SIP 

revision submitted by Illinois must be 

consistent with these requirements and 

must meet EPA’s requirements for 

enforceability and section 110(l) 

requirements of the CAA. The most 

important aspects of I/M affected by the 

submitted revisions to the Illinois I/M 

program include network type changes, 

vehicle coverage and exemptions, test 

procedures and standards, test 

equipment, waivers and compliance, 

and the performance standard 

evaluation. 

1. Network Type and Program 

Evaluation—40 CFR 51.353 

Under 40 CFR 51.353, basic and 

enhanced I/M programs can be 

centralized, decentralized, or a hybrid of 

the two at the state’s discretion, but 

must be demonstrated to achieve the 

same (or better) level of emission 

reduction as the applicable performance 

standard described in either 40 CFR 

51.351 or 40 CFR 51.352. The revised 

Illinois I/M program consists of a hybrid 

network which includes a combination 

of centralized test-only stations and 

decentralized, appointment-only, test 

and repair stations. Provision and 

maintenance of all test equipment, 

operation of data management services, 

waiver analysis, and inspector training, 

is handled by the state’s contractor, 

Applus+ Technologies, Inc. All tests, 

regardless of station type, are conducted 

using the same test equipment and fraud 

prevention techniques. Vehicles in the 

Chicago and Metro-East St. Louis areas 

required to comply with the I/M 

program are tested biennially by the 

contractor at either centralized test-only 

stations or decentralized test and repair 

stations. The Illinois I/M program is 

conducted under the legal authority of 

the VEIL of 2005. The submittal 

includes provisions for ongoing program 

evaluation to satisfy the requirements of 

40 CFR 51.353. In addition, the state has 

committed to submit to EPA annual 

reports that meet the requirements of 40 

CFR 51.353 and 40 CFR 51.366. This 

part of the submittal continues to meet 

the requirements of 40 CFR 51.353 of 

the Federal I/M regulation. 

2. Vehicle Coverage—40 CFR 51.356 

Under 40 CFR 51.356, the 

performance standard for enhanced I/M 

programs (including alternate low 

enhanced programs) assumes coverage 

of all MY 1968 and later light duty 

vehicles (LDVs) and light duty trucks 

(LDTs) up to 8,500 pounds GVWR, and 

includes vehicles operating on all fuel 

types. Subject vehicles include vehicles 

registered or required to be registered 

within the I/M program area boundaries, 

and fleets primarily operated within the 

I/M program area boundaries and 

belonging to the covered model years 

and vehicle classes. Under EPA 

regulations, other levels of coverage may 

be approved if the necessary emission 

reductions are achieved. The Illinois 

I/M program requires all 1996 and 

newer MY LDVs, LDTs, and OBD 

compliant HDVs registered in the 

Chicago or Metro-East St. Louis ozone 

nonattainment area to be subject to the 

OBD inspection. The legal authority to 

enforce the vehicle coverage 

requirement in Illinois is provided by 

the VEIL of 2005. The rules 

implemented to enforce vehicle 

coverage are contained in the emissions 

standards adopted by the Illinois 

Pollution Control Board (35 Ill. Adm. 

Code 240), and the procedural rules 

adopted by IEPA (35 Ill. Adm. Code 

276). As described in section IV.b 

below, EPA concludes that the state has 

demonstrated that it meets the alternate 

low enhanced performance standards 

with the revised program changes. Thus, 

the changes in vehicle coverage under 

the revised requirements are acceptable 

under 40 CFR 51.356. 

3. Test Procedures—Standards—40 CFR 

51.357 

Under 40 CFR 51.357, I/M programs 

must establish and implement written 

test procedures and pass/fail standards 

for each model year and vehicle type. 

Under the revised requirements, Illinois 

establishes OBD as the primary testing 

method and eliminates the previously 

established idle and transient tailpipe 

testing methods. In addition, the revised 

requirements eliminate the evaporative 

emission test also known as the ‘‘gas cap 

test’’, which was previously required 

but is no longer necessary with OBD 

technology. The Illinois I/M program 

submittal contains detailed procedures 

for connecting to the OBD system, 

information on readiness codes for OBD 

tests, and pass/fail standards for OBD 

equipped vehicles. Updated test 

procedures are contained in 35 Ill. Adm. 

Code 276 and applicable emission 

standards are contained in 35 Ill. Adm. 

Code 240. This part of the submittal 

meets the requirements of 40 CFR 

51.357 and 40 CFR 51.358 of the Federal 

I/M regulation. 

4. Test Equipment—40 CFR 51.358 

Computerized test systems are 

required for performing any 

measurement on subject vehicles. The 

Federal I/M regulation requires that the 

state SIP submittal include written 

technical specifications for all test 

equipment used in the program. The 

specifications must describe the 

analysis process, the necessary test 

equipment, the required features, and 

written acceptance testing criteria and 

procedures. As mentioned before, the 

revised changes repeal references in the 

requirements relating to idle and 

transient tailpipe testing methods, 

including emission equipment 

specifications and inspection 

requirements retaining the requirements 

and specifications for OBD testing. All 

test stations, whether they are 

centralized test-only stations, or 

decentralized test and repair stations, 

are required to use the same test 

equipment and data management 

systems as provided by the contractor.1

Requirements for the entire test system 

and vehicle inspection report are 

contained in the Illinois I/M program 

contract with Applus+ Technologies, 

Inc. The Illinois I/M program submittal 

contains detailed technical 

specifications for program test 

equipment that mirror EPA’s 

requirements and guidance. This part of 

the submittal continues to meet the 


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2EPA announced the release of MOVES2010 in 

March 2010 (75 FR 9411). EPA subsequently 

released two minor model revisions: MOVES2010a 

in September 2010 and MOVES2010b in April 

2012. Both of these minor revisions enhance model 

performance and do not significantly affect the 

criteria pollutant emissions results from 

MOVES2010. 

requirements of 40 CFR 51.358 of the 

Federal I/M regulation. 

5. Quality Control—40 CFR 51.359 

Section 3.3.3.22 of Illinois I/M 

program contract with Applus+ 

Technologies, Inc., as well as 35 Ill. 

Adm. Code 276, Subpart F, directs IEPA 

and the contractor to ensure quality and 

reliability. The results of the ongoing 

quality assurance program and program 

evaluations are incorporated into the 

annual report submitted to EPA under 

40 CFR 51.366. This part of the 

submittal continues to meet the 

requirements of 40 CFR 51.359 of the 

Federal I/M regulation. 

6. Waivers and Compliance Via 

Diagnostic Inspection—40 CFR 51.360 

The Federal I/M regulation allows for 

the issuance of a waiver, which is a 

form of compliance with the program 

requirements that allows a motorist to 

comply without meeting the applicable 

test standards. The waiver requirements 

for Illinois are specified in 35 Ill. Adm. 

Code 276, Subpart D. In addition to 

waivers, the I/M program allows 

motorists to comply if they meet the 

requirements for an economic hardship 

extension, if their vehicle is located 

outside of the test area, or if the vehicle 

has complied with another jurisdiction’s 

testing requirement. Legal authority for 

the issuance of waivers in the Illinois 

I/M program is contained in the VEIL 

of 2005. Specifically, Sections 625 ILCS 

5/13C–15 and 5/13C–30 provide the 

criteria that must be met before a 

vehicle that has failed a vehicle 

emissions retest can qualify for a 

waiver, economic hardship extension, 

outside of affected counties annual 

exemption, or reciprocity emission 

compliance certificate. In addition, 35 

Ill. Adm. Code 276, Subpart D, provides 

the procedures to be followed in the 

issuance of a waiver, economic hardship 

extension, or outside of affected 

counties annual exemption. Finally, 35 

Ill. Adm. Code 276, Subpart J, provides 

the requirements for the issuance of an 

emissions compliance certificate under 

reciprocity with other states or 

jurisdictions. This part of the submittal 

continues to meet the requirements of 

40 CFR 51.360. 

7. Motorist Compliance Enforcement— 

40 CFR 51.361 and Motorist Compliance 

Enforcement Program Oversight—40 

CFR 51.362 

Under 40 CFR 51.361, compliance 

must be ensured through the denial of 

motor vehicle registration in enhanced 

I/M programs unless an exception for 

use of an existing alternative is 

approved. The enforcement mechanism 

for the Illinois I/M program changed 

from a computer-matching system to a 

vehicle registration denial based system 

on January 1, 2008. Sections 625 ILCS 

5/13C–15 and 5/13C–55 of the VEIL of 

2005 specifically require that the owner 

of a vehicle subject to inspection have 

proof of compliance from IEPA in order 

to obtain or renew a vehicle registration 

for a subject vehicle. As part of this 

process, IEPA and the Illinois Secretary 

of State maintain a level of motorist 

enforcement necessary to ensure a 

compliance rate of no less than 96 

percent of subject vehicles. This part of 

the submittal continues to meet the 

requirements of 40 CFR 51.361 and 40 

CFR 51.362 of the Federal I/M 

regulation. 

b. Performance Evaluation 

As part of the November 29, 2012, 

I/M SIP revision, IEPA provided an 

updated performance evaluation using 

the EPA’s motor vehicle emissions 

simulator model, MOVES2010a.2 The 

updated performance evaluation 

included a summary report outlining 

the modeling results and full modeling 

input files, output data files, and run 

specifications for the MOVES2010a 

evaluation. The purpose of the updated 

performance evaluation is to 

demonstrate that the Illinois I/M 

program, as amended, would continue 

to meet the Federal enhanced I/M 

performance standard in both the 

Chicago and Metro-East St. Louis ozone 

nonattainment areas in Illinois. The 

results of IEPA’s analysis are 

summarized in Tables 1 and 2 below, 

which show that the emissions 

reductions achieved by the Illinois I/M 

program, as amended, meet or exceed 

those achieved under the performance 

standards. The amended Illinois I/M 

program thus continues to achieve 

greater emissions reductions than the 

Federal model program because the 

Illinois I/M program includes elements 

that go beyond Federal I/M 

requirements. 

TABLE 1—SUMMARY OF RESULTS OF

IEPA’S ALTERNATIVE LOW ENHANCED PERFORMANCE MODELING

FOR CHICAGO NONATTAINMENT

AREA

[Grams per mile] 

Program type VOC 1 NOX 2

Alternative Low Enhanced I/ 

M Performance Standard .. 0.37 1.29 

Illinois 2012 I/M Program ..... 0.37 1.24 

1Volatile organic compound. 

2Oxides of nitrogen. 

TABLE 2—SUMMARY OF RESULTS OF

IEPA’S ALTERNATIVE LOW ENHANCED PERFORMANCE MODELING

FOR METRO-EAST ST. LOUIS NONATTAINMENT AREA

[Grams per mile] 

Program type VOC NOX

Alternative Low Enhanced I/ 

M Performance Standard .. 0.46 1.50 

Illinois 2012 I/M Program ..... 1 0.47 1.45 

1Value is within +/¥0.02 grams per mile 

margin for error allowed for by EPA. 

Based on our review of the I/M SIP 

revision, EPA finds IEPA’s performance 

standard evaluation and use of the 

alternate low enhanced I/M 

performance standard to be acceptable. 

EPA also finds that the Illinois I/M 

program, as amended, meets or exceeds 

the alternate low enhanced performance 

standard in both the Chicago and MetroEast St. Louis nonattainment areas as 

required under 40 CFR 51.351. 

c. Demonstrating Noninterference With 

Attainment and Maintenance Under 

CAA Section 110(l) 

Revisions to SIP-approved control 

measures must meet the requirements of 

CAA section 110(l) to be approved by 

EPA. Section 110(l) states: 

The Administrator shall not approve a 

revision of a plan if the revision would 

interfere with any applicable requirement 

concerning attainment and reasonable further 

progress (as defined in section 171), or any 

other applicable requirement of this Act. 

EPA interprets section 110(l) to apply 

to all requirements of the CAA and to 

all areas of the country, whether 

attainment, nonattainment, 

unclassifiable, or maintenance for one 

or more of the six criteria pollutants. 

EPA also interprets section 110(l) to 

require a demonstration addressing all 

pollutants whose emissions and/or 

ambient concentrations may change as a 

result of the SIP revision. In the absence 

of an attainment demonstration, to 

demonstrate no interference with any 


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applicable NAAQS or requirement of 

the CAA under section 110(l), EPA 

believes it is appropriate to allow states 

to substitute equivalent emissions 

reductions to compensate for any 

change to a SIP approved program, as 

long as actual emissions in the air are 

not increased. ‘‘Equivalent’’ emissions 

reductions mean reductions which are 

equal to or greater than those reductions 

achieved by the control measure 

approved in the active portion of the 

SIP. In order to show that compensating 

emissions reductions are equivalent, 

modeling or adequate justification must 

be provided. The compensating, 

equivalent reductions must represent 

actual, new emissions reductions 

achieved in a contemporaneous time 

frame to the change of the existing SIP 

control measure, in order to preserve the 

status quo level of emission in the air. 

In addition to being contemporaneous, 

the equivalent emissions reductions 

must also be permanent, enforceable, 

quantifiable, and surplus to be approved 

into the SIP. 

The Illinois I/M SIP revision includes 

a 110(l) demonstration that uses 

equivalent emissions reductions to 

compensate for emission reduction 

losses resulting from changes to the 

February 22, 1999, SIP approved I/M 

program in the Chicago and Metro-East 

St. Louis ozone nonattainment areas in 

Illinois. The submittal indicates that 

IEPA used the latest version of EPA’s 

motor vehicle emissions model 

program, MOVES2010a, to estimate the 

emissions effects of the program 

changes. Based on our review of the 

information provided, EPA finds that 

IEPA used reasonable methods and 

appropriate models in estimating the 

emissions effects of the program 

changes. IEPA’s MOVES modeling 

shows that the changes to the Illinois 

I/M program result in fewer reductions 

than would have otherwise been 

obtained from the I/M program 

originally approved in the SIP by EPA 

on February 22, 1999. Tables 3 and 4 

below summarize IEPA’s emissions 

calculations comparing the revised I/M 

program to the SIP approved I/M 

program in units of tons per day (tpd) 

and highlight the emissions increases 

that need to be addressed as part of the 

110(l) demonstration. 

TABLE 3—SIP I/M PROGRAM VS. REVISED I/M PROGRAM IN THE CHICAGO OZONE NONATTAINMENT AREA

[tpd] 

Year 

SIP I/M program Revised I/M program Emissions increase 

VOC NOX VOC NOX VOC NOX

2007 ......................................................... 138.44 462.33 146.08 476.28 7.65 13.95 

2009 ......................................................... 108.57 374.35 113.76 383.86 5.19 9.51 

2012 ......................................................... 75.42 255.38 80.27 260.22 4.85 4.84 

2015 ......................................................... 56.56 186.63 59.99 189.59 3.43 2.96 

2025 ......................................................... 39.64 113.83 40.06 114.13 0.42 0.31 

TABLE 4—SIP I/M PROGRAM VS. REVISED I/M PROGRAM IN THE METRO-EAST ST. LOUIS OZONE NONATTAINMENT AREA

[tpd] 

Year 

SIP I/M program Revised I/M program Emissions increase 

VOC NOX VOC NOX VOC NOX

2007 ......................................................... 15.94 52.65 17.03 54.74 1.09 2.09 

2009 ......................................................... 12.76 42.20 13.59 43.69 0.83 1.49 

2012 ......................................................... 9.86 31.15 10.80 32.25 0.94 1.09 

2015 ......................................................... 7.62 23.20 8.36 23.98 0.75 0.78 

2025 ......................................................... 4.91 13.29 4.95 13.31 0.05 0.02 

The revised Illinois I/M program 

produces fewer reductions of VOC and 

NOX emissions which are contributors 

to the formation of ground-level ozone 

and fine particular matter (PM2.5). Thus, 

the increase in VOC and NOX needs to 

be offset with equivalent (or greater) 

emissions reductions from another 

control measures in order to 

demonstrate non-interference with the 

8-hour ozone and PM2.5 NAAQS. 

Although the program also results in 

fewer reductions of carbon monoxide 

(CO) emissions, substitute CO emissions 

reductions are not needed for this 

demonstration, because both areas in 

Illinois are attaining the CO NAAQS 

and CO levels in both areas are well 

below the standard. IEPA has 

determined that it is unlikely that the 

amendments to the Illinois I/M program 

will interfere with either areas’ ability to 

continue to attain the CO NAAQS. 

To address the projected loss of VOC 

and NOX emission reductions, IEPA 

reviewed its records of permitted 

emissions sources in both 

nonattainment areas in Illinois and 

identified those sources that have 

ceased operation since 2002. In the 

Chicago nonattainment area, IEPA 

identified 1,168 facilities with permitted 

VOC emissions and 687 facilities with 

permitted NOX emissions that have 

permanently closed and have expired 

permits that have been revoked. In the 

Metro-East St. Louis nonattainment 

area, IEPA identified 82 facilities with 

permitted VOC emissions and 39 

facilities with permitted NOX emissions 

that have permanently closed and have 

expired permits that have been revoked. 

The expiration and revocation of these 

sources’ permits allows the state to use 

the emission credits associated with 

them for other purposes under the SIP 

and makes such reductions permanent 

and enforceable. IEPA review of 

emissions from shutdown facilities 

shows cumulative reductions of 50.32 

tpd of VOC and 121.29 tpd of NOX in 

the Chicago area in 2012 and 1.97 tpd 

of VOC and 1.74 tpd of NOX in the 

Metro-East St. Louis area in 2012. 

Tables 5 and 6 below compare the 

increases in VOC and NOX emissions 

from the revised I/M program to the 

cumulative reductions in VOC and NOX

emissions from facility shutdowns. 

Table 5 shows that emission offsets for 

both VOC and NOX exceed the increase 

in emissions resulting from the revised 

I/M program in the Chicago 


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Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Proposed Rules 68383 

nonattainment area from 2007 through 

2012. Table 6 shows that emission 

offsets for VOC exceed the increase in 

emissions resulting from the revised 

I/M program in the Metro-East St. Louis 

nonattainment area from 2007 through 

2012. However, in 2007 and 2008, 

increases in NOX from the revised I/M 

program exceeded the offsets of NOX

from shutdown facilities in the MetroEast St. Louis nonattainment area. 

TABLE 5—NOX AND VOC EMISSIONS FROM CLOSED FACILITIES IN CHICAGO NONATTAINMENT AREA

[tpd] 

Chicago nonattainment area 

Year 

I/M program 

change emissions 

increase 

(VOC) 

Cumulative facility 

shutdown 

emissions 

reduction 

(VOC) 

I/M program 

change emissions 

increase 

(NOX) 

Cumulative facility 

shutdown 

emissions 

reduction 

(NOX) 

2007 ................................................................................. 7.65 33.16 13.95 100.71 

2008 ................................................................................. 6.15 39.96 11.22 109.33 

2009 ................................................................................. 5.19 45.00 9.51 117.95 

2010 ................................................................................. 4.28 48.11 7.54 120.58 

2011 ................................................................................. 3.60 49.30 6.29 121.24 

2012 ................................................................................. 4.85 50.32 4.84 121.29 

TABLE 6—NOX AND VOC EMISSIONS FROM CLOSED FACILITIES IN METRO-EAST ST. LOUIS NONATTAINMENT AREA

[tpd] 

Metro-East St. Louis nonattainment area 

Year 

I/M program 

change emissions 

increase 

(VOC 

Cumulative facility 

shutdown 

emissions 

reduction 

(VOC) 

I/M program 

change emissions 

increase 

(NOX) 

Cumulative facility 

shutdown 

emissions 

reduction 

(NOX) 

2007 ................................................................................. 1.09 1.64 2.09 1.39 

2008 ................................................................................. 0.94 1.70 1.80 1.49 

2009 ................................................................................. 0.83 1.83 1.49 1.52 

2010 ................................................................................. 0.75 1.85 1.41 1.56 

2011 ................................................................................. 0.68 1.94 1.28 1.71 

2012 ................................................................................. 0.94 1.97 1.09 1.74 

EPA policy allows for substitution 

between VOC and NOX emissions in its 

guidance on reasonable further progress. 

This guidance recommends that states 

assume, as an approximation, that 

equivalent percent changes in the area’s 

inventory for the respective pollutant 

yield an equivalent change in ozone 

levels. For example, decreasing area 

NOX emissions by 3 percent would have 

the same effect as decreasing area VOC 

emissions by 3 percent. Stated another 

way, if an area has twice as many tons 

of NOX emissions as VOC emissions, 

then 2 tons of NOX emissions would be 

assumed to have the same effect on 

ozone as 1 ton of VOC emissions. 

Following this approach, IEPA used a 1 

VOC to 2.04 NOX conversion ratio for 

the Metro-East St. Louis area. 

Table 7 below summarizes IEPA’s I/M 

emissions make-up demonstration for 

the Metro-East St. Louis area and takes 

into consideration the VOC to NOX

substitution approach discussed above. 

Based on the use of permanent, 

enforceable, contemporaneous, surplus 

emissions reductions achieved through 

the shutdown of permitted emissions 

sources, EPA believes that the revisions 

to the Illinois I/M program do not 

interfere with both areas’ ability to 

demonstrate compliance with the 8- 

hour ozone and PM2.5 NAAQS. 

TABLE 7—METRO-EAST ST. LOUIS AREA COMPARISON OF NOX EMISSIONS SHORTFALL TO EXCESS VOC REDUCTIONS

APPLYING VOC TO NOX SUBSTITUTION POLICY

[tpd] 

Year NOX emissions 

shortfall 

Cumulative facility 

shutdown excess 

VOC emissions 

reductions 

Excess VOC 

emissions using 

the VOC to NOX

emissions ratio 

(1:2.04) 

2007 ..................................................................................................................... 0.70 0.55 1.12 

2008 ..................................................................................................................... 0.31 0.76 1.55 

EPA also examined whether the 

amendments to the approved I/M 

program in Illinois have interfered with 

attainment of other air quality 

standards. The Illinois I/M program was 

implemented to address only the ozone 

NAAQS and EPA has no reason to 

believe that the amendments to the 

approved I/M program have caused or 


TKELleY on DSK3SPTVN1PROD with PROPOSALS
68384 Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Proposed Rules 

will cause the nonattainment of the 

NAAQS for CO, lead, nitrogen dioxide, 

or sulfur dioxide. The Metro-East St. 

Louis area is designated as 

nonattainment for the PM2.5 NAAQS 

and as discussed before, NOX is a 

precursor to PM2.5 formation. However, 

as demonstrated above, permanent, 

enforceable, contemporaneous, surplus 

emissions reductions achieved through 

the shutdown of permitted VOC and 

NOX emissions sources have offset the 

minor increase in NOX emissions 

resulting from the change to the I/M 

program. Therefore, the changes to the 

I/M program do not interfere with 

attainment of the PM2.5 NAAQS. In 

addition, EPA believes that the 

amendments to the approved I/M 

program in Illinois will not interfere 

with the ability of the Chicago and 

Metro-East St. Louis ozone 

nonattainment areas to meet any other 

CAA requirement. 

Based on the above discussion and 

the state’s 100(l) demonstration, EPA 

believes that the changes to the Illinois 

I/M program will not interfere with 

attainment or maintenance of any of the 

NAAQS in either the Chicago and 

Metro-East St. Louis nonattainment 

areas and would not interfere with any 

other applicable requirement of the 

CAA, and thus, are approvable under 

CAA section 110(l). 

V. What action is EPA proposing to 

take? 

EPA is proposing to approve the 

revisions to the Illinois ozone SIP 

submitted on November 29, 2012, 

concerning the I/M program in the 

Chicago and Metro-East St. Louis ozone 

nonattainment areas in Illinois. EPA 

finds that the revisions meet all 

applicable requirements and will not 

interfere with reasonable further 

progress or attainment of any of the 

NAAQS. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Volatile organic 

compounds. 

Dated: November 1, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–27276 Filed 11–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 13–236; FCC 13–123] 

National Television Multiple Ownership 

Rule 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This Notice commences a 

proceeding to consider elimination of 

the so-called UHF discount in the 

Commission’s national television 

multiple ownership rule. Currently, the 

national television ownership rule 

prohibits a single entity from owning 

television stations that, in the aggregate, 

reach more than 39 percent of the total 

television households in the nation. It 

thus appears that the DTV transition has 

rendered the UHF discount obsolete and 

it should be eliminated. This Notice 

seeks comment on that tentative 

conclusion. It also tentatively decides, 

in the event that the UHF discount is 

eliminated, to grandfather existing 

television station combinations that 

would exceed the 39 percent national 

audience reach cap in the absence of the 

UHF discount and seeks comment on 

that proposal. Finally, it seeks comment 

on whether a VHF discount should be 

adopted, as it appears that under current 

conditions VHF channels may be 

technically inferior to UHF channels for 

the propagation of digital television 

signals. 

DATES: The Commission must receive 

written comments on or before 

December 16, 2013 and reply comments 

on or before January 13, 2014. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 13–236; 

FCC 13–123, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http://

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

• Mail: U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington, DC 20554. Commercial 

overnight mail (other than U.S. Postal 

Service Express Mail) must be sent to 

9300 East Hampton Drive, Capitol 

Heights, MD 20743. 

• Hand or Messenger Delivery: 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. 

• People With Disabilities: Contact 

the FCC to request reasonable 


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