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No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66279

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601, et seq.).

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this

document and any other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the General

Accounting Office prior to publication

of this document in today's Federal

Register. This action is not a "major

rule" as defined in 5 U.S.C. 804(2).

Dated: December 9, 1997.

Richard D. Wilson,

A ctin gA ssistantA dm inistratorforA ir and

Radiation.

Accordingly, for the reasons set out

above, the publication on October 24,

1997 of the final rule at 62 FR 55460 is

corrected as follows:

1. On page 55470, first column, lines

45-47, the words "a 90-day period (i.e.,

the 30-day comment period and 60 days

after the end of the period)" are

removed and replaced by the words "a

120-day period (i.e., the 30-day

comment period and 90 days after the

end of the period)".

PART 72-[CORRECTED]

§ 72.8 [Corrected]

2. On page 55477, third column,

§ 72.8(b)(2), line 4, the words "which

that the unit" are removed and replaced

by the words "which the unit".

PART 77-[CORRECTED]

§ 77.4 [Corrected]

3. On page 55487, second column,

amendatory instruction 49, line 4, the

words "and removing paragraph

(g)(2)(i)(D)" are added after the words

"(k)(2)".

PART 78-[CORRECTED]

§ 78.4 [Corrected]

4. On page 55488, second column,

amendatory instruction 54, line 11, the

word "shown" is added after the words

"based on good cause".

[FR Doc. 97 32927 Filed 12 17 97; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[ILl17-3; FRL-5935-2]

Approval and Promulgation of State

Implementation Plan; Illinois

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action on

the following revisions to the Illinois

ozone State Implementation Plan (SIP):

Rate-Of-Progress (ROP) plans for the

purpose of reducing Volatile Organic

Compound (VOC) emissions in the

Chicago ozone nonattainment area

(Cook, DuPage, Kane, Lake, McHenry,

and Will Counties, Oswego Township in

Kendall County, and Aux Sable and

Goose Lake Townships in Grundy

County) and in the Metro-East St. Louis

ozone nonattainment area (Madison,

Monroe, and St. Clair Counties) by 15

percent by November 15, 1996, relative

to 1990 baseline emissions; contingency

plans for the same ozone nonattainment

areas for the purpose of achieving an

additional 3 percent VOC emission

reductions beyond the 15 percent ROP

plans; and transportation control

measures (TCM) for the Metro-East St.

Louis area. Previously, on July 14, 1997,

EPA issued a direct final approval of

these SIP revisions. On the same day

(July 14, 1997), EPA proposed approval

and solicited public comment on the

SIP revisions. This proposed rule

established a 30-day public comment

period noting that if adverse comments

were received regarding the direct final

rule EPA would withdraw the direct

final rule and publish an additional

final rule to address the public

comments. Adverse comments were

received during the public comment

period, and EPA withdrew the direct

final rule on September 3, 1997 (62 FR

46446). This final rule addresses these

comments and finalizes the approval of

the Chicago and Metro-East area 15

percent and contingency plans, and the

Metro-East area TCMs.

DATES: This final rule is effective

January 20, 1998.

ADDRESSES: Copies of the SIP revision

request are available for inspection at

the following address: (It is

recommended that you telephone Mark

J. Palermo at (312) 886-6082, before

visiting the Region 5 office).

U.S. Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard,

Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT:

Mark J. Palermo, Environmental

Protection Specialist, at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background on Rate-Of-Progress and

Contingency Plan Requirements and

EPA Review Criteria

On November 15, 1990, Congress

enacted amendments to the Clean Air

Act (Act); Public Law 101-549, 104 Stat.

2399, codified at 42 U.S.C. 7401-7671q.

Section 182(b)(1) of the Act requires

States with ozone nonattainment areas

classified as moderate and above to

submit ROP plans to reduce VOC

emissions by 15 percent from 1990

levels by November 15, 1996,

accounting for growth in the VOC

emissions occurring after 1990. For

purposes of these plans, the Act, under

sections 182(b)(1) (B) and (D), defines

baseline emissions as the total amounts

of actual VOC emissions from all

anthropogenic sources in the ozone

nonattainment areas during the calendar

year of the enactment of the revision of

the Act (1990), subtracting or factoring

out emission reductions achieved by the

Federal Motor Vehicle Emissions

Control Program (FMVCP) regulations

promulgated before January 1, 1990, and

by the 1990 gasoline Reid Vapor

Pressure (RVP) regulations (55 FR

23666, June 11, 1990). 1 The baseline

emissions are also referred to as the

"1990 adjusted base year inventories."

EPA interprets "calendar year"

emissions to consist of typical ozone

season weekday emissions, because the

applicable ozone National Ambient Air

Quality Standard (NAAQS) (0.12 parts

per million, one-hour average) is

generally exceeded or violated during

ozone season weekdays when ozone

precursor emissions and meteorological

conditions are the most conducive to

ozone formation. (See "State

Implementation Plans: General

Preamble for the Implementation of

Title I of the Clean Air Act Amendments

of 1990," proposed rule (57 FR 13507),

Federal Register, April 16, 1992

(hereafter referred to as the General

Preamble)).

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

limits on what emission reductions can

be claimed by ROP plans. All

permanent and enforceable VOC

emission reductions occurring after

1990 are creditable with the following

exceptions: (1) Those resulting from any

emission control measure relating to

1 The 1990 RVP regulations limit the volatility of

gasoline in ozone nonattainment areas during the

ozone season. The FMVCP provides vehicle

emission limits that automobile manufacturers must

meet in designing and building new automobiles.

Federal Register / Vol. 62,

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No. 243 / Thursday, December 18, 1997 / Rules and Regulations

motor vehicle exhaust and evaporative

emissions promulgated by the

Administrator by January 1, 1990; (2)

those due to RVP regulations

promulgated by the Administrator by

November 15, 1990, or due to

regulations required under section

211(h) of the Act; (3) those due to

measures to correct Reasonably

Available Control Technology (RACT)

regulations as required under section

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

due to measures to correct previously

noted problems in an existing vehicle

inspection and maintenance (I/M)

program as required under section

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

Section 172(c)(9) of the Act as

implemented by EPA requires States

with ozone nonattainment areas

classified as moderate and above to

adopt contingency measures by

November 15, 1993. Such measures

must provide for the implementation of

specific emission control measures if an

ozone nonattainment area fails to

achieve ROP or fails to attain the

NAAQS within the time-frames

specified under the Act. Section

182(c)(9) of the Act requires that, in

addition to the contingency measures

required under section 172(c)(9), the

contingency measure SIP revision for

serious and above ozone nonattainment

areas must also provide for the

implementation of specific measures if

the area fails to meet any applicable

milestone in the Act. As provided by

these sections of the Act, the

contingency measures must take effect

without further action by the State or by

the EPA Administrator upon failure by

the State to meet ROP requirements or

attainment of the NAAQS by the

required deadline, or other applicable

milestones of the Act.

The General Preamble states that the

contingency measures, in total, must

generally be able to provide for 3

percent reductions from the 1990

baseline emissions. While all

contingency measures must be fully

adopted rules or measures, States can

use the measures in two different ways.

A State can choose to implement

contingency measures before the

November 15, 1996, ROP milestone

deadline. Alternatively, a State may

decide not to implement a contingency

measure until an area has actually failed

to achieve a ROP or attainment

milestone. In the latter situation, the

contingency measure emission

reduction must be achieved within one

year following identification of a

milestone failure.

The EPA has developed a number of

guidelines addressing the review of ROP

and contingency plans and addressing

such topics as: (1) The relationship of

ROP plans to other SIP elements

required by the Act; (2) recommended

emission reduction levels for various

control measures including Federal

emission control measures; and (3)

emission inventory projection

procedures. All relevant guidelines are

listed below.

1. Proceduresfor Preparing Emissions

Projections, EPA-450/4-91-019,

Environmental Protection Agency, July

1991.

2. State Implementation Plans;

General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990; Proposed

rule (57 FR 13498), Federal Register,

April 16, 1992.

3. "November 15, 1992, Deliverables

for Reasonable Further Progress and

Modeling Emission Inventories,"

memorandum from J. David Mobley,

Edwin L. Meyer, and G. T. Helms, Office

of Air Quality Planning and Standards,

Environmental Protection Agency,

August 7, 1992.

4. Guidance on the Adjusted Base

Year Emissions Inventory and the 1996

Target for the 15 Percent Rate of

Progress Plans, EPA-452/R-92-005,

Environmental Protection Agency,

October 1992.

5. "Quantification of Rule

Effectiveness Improvements,"

memorandum from G. T. Helms, Chief,

Ozone/Carbon Monoxide Programs

Branch, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, October 1992.

6. Guidance for Growth Factors,

Projections, and Control Strategies for

the 15 Percent Rate -of-Progress Plans,

EPA-452/R-93-002, March 1993.

7. "Correction to 'Guidance on the

Adjusted Base Year Emissions Inventory

and the 1996 Target for the 15 Percent

Rate of Progress Plans'," memorandum

from G. T. Helms, Chief, Ozone/Carbon

Monoxide Programs Branch, Office of

Air Quality Planning and Standards,

Environmental Protection Agency,

March 2, 1993.

8. "15 Percent Rate-of-Progress

Plans," memorandum from G. T. Helms,

Chief, Ozone/Carbon Monoxide

Programs Branch, Office of Air Quality

Planning and Standards, Environmental

Protection Agency, March 16, 1993.

9. Guidance on the Relationship

Between the 15 Percent Rate -of-Progress

Plans and Other Provisions of the Clean

Air Act, EPA-452/R-93-007,

Environmental Protection Agency, May

1993.

10. "Credit Toward the 15 Percent

Rate-of-Progress Reductions from

Federal Measures," memorandum from

G. T. Helms, Chief, Ozone/Carbon

Monoxide Programs Branch,

Environmental Protection Agency, May

6, 1993.

11. Guidance on Preparing

Enforceable Regulations and

Compliance Programs for the 15 Percent

Rate -of-Progress Plans, EPA-452/R-93-

005, Environmental Protection Agency,

June 1993.

12. "Correction Errata to the 15

Percent Rate-of-Progress Plan Guidance

Series," memorandum from G. T.

Helms, Chief, Ozone and Carbon

Monoxide Programs Branch,

Environmental Protection Agency, July

28, 1993.

13. "Early Implementation of

Contingency Measures for Ozone and

Carbon Monoxide (CO) Nonattainment

Areas," memorandum from G. T. Helms,

Chief, Ozone/Carbon Monoxide

Programs Branch, Environmental

Protection Agency, August 13, 1993.

14. "Region III Questions on Emission

Projections for the 15 Percent Rate-ofProgress Plans," memorandum from

G.T. Helms, Chief, Ozone/Carbon

Monoxide Programs Branch, Office of

Air Quality Planning and Standards,

Environmental Protection Agency,

August 17, 1993.

15. "Guidance on Issues Related to 15

Percent Rate-of-Progress Plans,"

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation, Environmental

Protection Agency, August 23, 1993.

16. "Credit Toward the 15 Percent

Requirements from Architectural and

Industrial Maintenance Coatings,"

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, September 10, 1993.

17. "Reclassification of Areas to

Nonattainment and 15 Percent Rate-ofProgress Plans," memorandum from

John S. Seitz, Director, Office of Air

Quality Planning and Standards,

Environmental Protection Agency,

September 20, 1993.

18. "Clarification of Guidance for

Growth Factors, Projections and Control

Strategies for the 15 Percent Rate of

Progress Plans," memorandum from G.

T. Helms, Chief, Ozone/Carbon

Monoxide Programs Branch, Office of

Air Quality Planning and Standards,

Environmental Protection Agency,

October 6, 1993.

19. "Review and Rulemaking on 15

Percent Rate-of-Progress Plans,"

memorandum from G. T. Helms, Chief,

Ozone/Carbon Monoxide Programs

Branch, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, October 6, 1993.

20. "Questions and Answers from the

15 Percent Rate-of-Progress Plan

66280 Federal Register / Vol. 62,

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Workshop," memorandum from G. T.

Helms, Chief, Ozone/Carbon Monoxide

Programs Branch, Environmental

Protection Agency, October 29, 1993.

21. "Rate-of-Progress Plan Guidance

on the 15 Percent Calculations,"

memorandum from D. Kent Berry,

Acting Director, Air Quality

Management Division, Environmental

Protection Agency, October 29, 1993.

22. "Clarification of Issues Regarding

the Contingency Measures that are due

November 15, 1993, for Moderate and

Above Ozone Nonattainment Areas,"

memorandum from D. Kent Berry,

Acting Director, Air Quality

Management Division, Environmental

Protection Agency, November 8, 1993.

23. "Credit for 15 percent Rate-ofProgress Plan Reductions from the

Architectural and Industrial

Maintenance (AIM) Coating Rule,"

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, December 9, 1993.

24. "Rule Effectiveness Guidance:

Integration of Inventory, Compliance,

and Assessment Applications,"

memorandum from G. T. Helms, Chief,

Ozone/Carbon Monoxide Programs

Branch, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, January 21, 1994.

25. "Guidance on Projection of

Nonroad Inventories to Future Years,"

memorandum from Philip A. Lorang,

Director, Emission Planning and

Strategies Division, Office of Air and

Radiation, Environmental Protection

Agency, February 4, 1994.

26. "Discussion at the Division

Directors Meeting on June 1 Concerning

the 15 Percent and 3 Percent

Calculations," memorandum from G. T.

Helms, Chief, Ozone/Carbon Monoxide

Programs Branch, Office of Air Quality

Planning and Standards, Environmental

Protection Agency, June 2, 1994.

27. "Future Nonroad Emission

Reduction Credits for Court-Ordered

Nonroad Standards," memorandum

from Philip A. Lorang, Director,

Emission Planning and Strategies

Division, Office of Air and Radiation,

Environmental Protection Agency,

November 28, 1994.

28. "Credit for the 15 Percent Rate-ofProgress Plans for Reductions from the

Architectural and Industrial

Maintenance (AIM) Coating Rule and

the Autobody Refinishing Rule,"

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, November 29, 1994.

29. "Transmittal of Rule Effectiveness

Protocol for 1996 Demonstrations,"

memorandum from Susan E. Bromm,

Director, Chemical, Commercial

Services and Municipal Division, Office

of Compliance, Environmental

Protection Agency, December 22, 1994.

30. "Future Nonroad Emission

Reduction Credits for Locomotives,"

memorandum from Philip A. Lorang,

Director, Emission Planning and

Strategies Division, Office of Air and

Radiation, Environmental Protection

Agency, January 3, 1995.

31. "Credit for the 15 Percent Rate-ofProgress Plans for Reductions from the

Architectural and Industrial

Maintenance (AIM) Coating Rule,"

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, March 22, 1995.

32. "Fifteen Percent Rate-of-Progress

Plans-Additional Guidance,"

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, May 5, 1995.

33. "Regulatory Schedule for

Consumer and Commercial Products

under Section 183(e) of the Clean Air

Act," memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, June 22, 1995.

34. "Update on the credit for the 15

percent Rate-of-Progress Plans for

Reductions from the Architectural and

Industrial Maintenance Coatings Rule,"

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, March 7, 1996.

II. Rate-Of-Progress and Contingency

Plan Submittals for the Chicago and

Metro-East St. Louis Ozone

Nonattainment Areas

A. Adm inistrative Actions!

Requirements

The Act requires States to observe

certain procedural requirements in

developing SIPs and SIP revisions for

submittal to the EPA. Sections 110(a)(2)

and 110(1) of the Act provide that each

SIP submitted by a State must be

adopted by the State after reasonable

notice and public hearing.

The State of Illinois held a public

hearing on October 15, 1993, to hear and

collect public comments on the 15

percent ROP and 3 percent contingency

plans for both the Chicago and the

Metro-East St. Louis ozone

nonattainment areas. Subsequently, the

plans were adopted by the State and

submitted to EPA on November 15,

1993. The submittals included records

of public comments, hearing records,

and responses to public comments. The

plans were supplemented with

additional submittals to the EPA on

February 18, 1994, November 22, 1994,

January 31, 1995, and May 23, 1995.

These subsequent submittals contain

supplemental documentation on the

State's emission reduction estimates for

various source categories. At EPA's

request, the Illinois Environmental

Protection Agency (IEPA) made

additional submittals of technical

support information and updated

emission estimates on May 9, 1996, and

July 22, 1996. All of the above

submittals are considered to be part of

the record of decision for this

rulemaking. All submittals are available

for review at the EPA Region 5 offices

noted above.

On January 21, 1994, by letter, the

EPA found the November 1993,

submittals to be incomplete due to an

incomplete set of State emission control

regulations. Subsequently, the State

adopted and submitted all required

regulations. EPA found the ROP and

contingency plan submittals to be

complete, by letter, on June 15, 1995.

B. Accurate Emission Inventories

Sections 172(c)(3) and 182(b)(1) of the

Act require nonattainment plans to

include and be based on

comprehensive, accurate, and current

inventories of actual emissions from all

sources of relevant pollutants in the

nonattainment areas. On March 14, 1995

(60 FR 13631), EPA approved base year

(1990) VOC emission inventories for the

Chicago and Metro-East St. Louis ozone

nonattainment areas (the inventories

also included major source emissions

from surrounding areas). The VOC

emissions from these emission

inventories establish the baseline for

Illinois' ROP and contingency plans.

It should be noted throughout the

discussions that follow that volatile

organic emissions are referred to as VOC

emissions. In the Illinois ROP and

contingency plans (as well as in the base

year emission inventory

documentation), the State uses the term

"Volatile Organic Material (VOM)"

rather than VOC. The State's definition

of VOM is equivalent to EPA's

definition of VOC. The two terms are

interchangeable when discussing

volatile organic emissions. For

consistency with the Act and with EPA

policy, the term VOC is used in this

rulemaking. VOC emissions referred to

in today's action are identical to VOM

emissions referred to in Illinois' ROP

and contingency measure plans.

C. Required VOCEmission Reductions

Following EPA ROP guidelines

(primarily guidance contained in the

Guidance on the Adjusted Base Year

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Emissions Inventory and the 1996

Target of the 15 Percent Rate of Progress

Plans, EPA-452/R-92-005, October

1992, and in the Guidance for Growth

Factors, Projections, and Control

Strategies for the 15 Percent Rate-ofProgress Plans, EPA-452/R-93-002,

March 1993), the IEPA has determined

that creditable VOC reductions (as

opposed to noncreditable emission

reductions defined in section

182(b)(1)(D) of the Act) of 249.98 tons

per day (TPD) for the Chicago ozone

nonattainment area, and 26.66 TPD for

the Metro-East St. Louis ozone

nonattainment area are needed to

achieve the 15% ROP requirement. To

meet the 3 percent contingency

requirement, the IEPA determined that

the contingency measures must also be

able to achieve a 31.92 TPD VOC

emission reduction in the Chicago

ozone nonattainment area and 4.96 TPD

VOC emission reduction in the MetroEast St. Louis ozone nonattainment area.

The IEPA has fully documented the

calculation of these emission reduction

requirements and has shown that EPA

recommended procedures were

followed. This documentation includes

identification of emission/source growth

factors and noncreditable emission

reductions from emission controls

referenced in section 182(b)(1)(D) of the

Act. Tables 1 and 2 summarize the

calculation of emission reductions

needed by 1996.

TABLE 1 .- EMISSION REDUCTIONS REQUIRED BY 1996 FOR THE CHICAGO AREA

Calculation of reduction needs by 1996 Tons VOC/day

1990 C hicago A rea T ota l V O C E m issio ns .......................................................................................................................................... 1,363 .40

1990 R O P E m issions (A nthro pogenic o nly) ........................................................................................................................................ 1,2 16 .56

1990-1996 Noncreditable Reductions (Reductions from 1990 RVP, Pre-1990 FMVCP, and RACT Fix-up Regulations) ............... 199.93

1990 Adjusted Base Year Emissions (1990 ROP Emissions minus Noncreditable Reductions) ....................................................... 1,064.05

15 P e rcent of A djusted B ase Y ear E m issions .................................................................................................................................... 159 .6 1

Total Required Emission Reductions by 1996 (15 Percent of Adjusted Base Year Emissions plus Noncreditable Reductions) ..... 359.54

1996 Target Level (1990 ROP Emissions minus Total Required Emission Reductions by 1996) ..................................................... 857.02

1996 Projected Emissions (1990 Adjusted Base Year Emissions plus Growth Factors) ................................................................... 1,107.00

Reduction Needs By 1996 To Achieve 15 Percent Net Of Growth (1996 Projected Emissions plus 1996 Target Level) ................ 249.98

Contingency Measure Requirement (3% of Adjusted Base Year Emissions) .................................................................................... 31.92

T ota l E m issio n R e d uctio ns R e q u ire d ........................................................................................................................................... 2 8 1 .9 0

TABLE 2.-EMISSION REDUCTIONS REQUIRED BY 1996 FOR THE METRO-EAST ST. LOUIS AREA

Calculation of reduction needs by 1996 Tons VOC/day

1990 M etro-East A rea Total V O C E m issions ...................................................................................................................................... 234 .79

1990 R O P E m issions (A nthro pogenic o nly) ........................................................................................................................................ 174 .65

1990-1996 Noncreditable Reductions (1990 RVP, Pre-1990 FMVCP, and RACT Fix-Up Reductions) ........................................... 10.75

1990 Adjusted Base Year Emissions (1990 ROP Emissions minus Noncreditable Reductions) ....................................................... 165.24

15 P e rcent of A djusted B ase Y ear E m issions .................................................................................................................................... 24 .79

Total Required Emission Reductions by 1996 (15 Percent of Adjusted Base Year Emissions plus Noncreditable Reductions) ..... 35.54

1996 Target Level (1990 ROP Emissions minus Total Required Emission Reductions by 1996) ..................................................... 139.11

1996 Projected Emissions (1990 Adjusted Base Year Emissions plus Growth Factors) ................................................................... 165.77

Reduction Needs By 1996 To Achieve 15 Percent Net Of Growth (1996 Projected Emissions minus 1996 Target Level) ............. 26.66

Contingency Measure Requirement (3% of Adjusted Base Year Emissions) .................................................................................... 4.96

T o ta l E m iss io n R e d u ctio ns R e q u ire d ........................................................................................................................................... 3 1 .6 2

D. Control Measures

Tables 3 and 4 below summarize the

creditable emission reductions from the

15% ROP and 3% contingency plan

control measures. These tables indicate

the emission reduction credit the State

has claimed for each control measure,

and the actual emission reduction credit

which EPA finds acceptable. Unless

otherwise noted, the emission control

measures apply to both the Chicago and

Metro-East St. Louis ozone

nonattainment areas. Table 5 indicates

the date of EPA approval of State

adopted control measures, date of EPA

promulgation of Federal control

measures, or an identification of the

source for taking credit for a control

measure, where EPA promulgation has

not occurred. Following the tables is a

discussion describing each of the

emission control measures selected to

help achieve ROP and contingency

measure plan requirements, and EPA's

review of the emission reduction

claimed for each control measure. (Note

that the IEPA, in describing the selected

emission control measures and emission

reduction impacts, does not distinguish

between ROP plan measures and

contingency plan measures).

Emission reductions not needed to

achieve 15 percent ROP and 3 percent

contingency requirements in the

Chicago and Metro-East St. Louis ozone

nonattainment areas, respectively, will

be applied toward achieving the post1996 ROP requirement, leading to

attainment of the ozone air quality

standard. (Post-1996 ROP plans are

required to be submitted under section

182(c)(2)(B) of the Act).

Certain federal measures relied on by

Illinois to meet the 15 percent ROP

requirement were not implemented by

1996: non-road small engine standards,

Toxic Substance Disposal Facility

(TSDF) RACT Phase II Controls,

Architectural and Industrial

Maintenance (AIM) coating, traffic

coating, and consumer and commercial

products solvent control. Many of the 15

percent ROP SIPs originally submitted

to EPA have relied on some of these

federal measures as well as reductions

from enhanced I/M programs which

were not implemented by 1996.

Consequently, it is no longer possible

for these States to achieve the portion of

the 15 percent reductions attributed to

these programs by November 15, 1996.

Under these circumstances, disapproval

of the 15 percent SIPs would serve no

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purpose. Therefore, in these

circumstances, EPA will approve a 15

percent ROP plan SIP if the emission

reductions under the plan will achieve

the 15 percent level as soon after

November 15, 1996, as practicable. To

make this "as soon as practicable"

determination, the EPA must determine

that the 15 percent ROP plan contains

all VOC control strategies that are

practicable for the nonattainment area

in question and that meaningfully

accelerate the date by which the 15

percent level is achieved. The EPA does

not believe that measures meaningfully

accelerate the 15 percent date if they

provide only an insignificant amount of

reductions. However, as a minimum

requirement, EPA will approve a 15

percent SIP only if it achieves the

reductions from the measures needed to

reach the 15 percent level by no later

than November 15, 1999.

The federal rules for federal non-road

small engine standards and TSDF RACT

Phase Ihave been promulgated and

emission reductions will occur before

November 15, 1999. Proposed rules

have been published for AIM coatings,

traffic coatings, and consumer and

commercial products, and EPA expects

final rules to be promulgated in 1998,

with compliance dates for these rules to

occur no later than November 15, 1999.

EPA has reviewed other VOC SIP

measures that are at least theoretically

available to Illinois, and has concluded

that implementation of any such

measure that might be appropriate

would not accelerate the date of

achieving the 15 percent reductions.

Therefore, EPA finds that Illinois' ROP

plans for the Chicago and Metro-East

ozone nonattainment areas achieve 15

percent emission reduction as soon as

practicable.

TABLE 3.-CONTROL MEASURES FOR THE CHICAGO OZONE NONATTAINMENT AREA

VOC reduction VOC reduction

Control Measure state claimed credit accepttons/day ed tons/day

Mobile Source Measures:

Enhanced Vehicle I/M Program ........................................................................................................................ 19.60 See below

Conventional TCM s .......................................................................................................................................... 2.00 2.00

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

Post-1994 Tier 1 Vehicle Em ission Rates ........................................................................................................ 2.40 2.40

1995 Reform ulated Gasoline ............................................................................................................................ 112.79 112.79

1992 Vehicle I/M Program Am endments .......................................................................................................... 8.40 8.40

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

Federal Non-Road Sm all Engine Standards .................................................................................................... 4.37 4.37

S u b to ta l ...................................................................................................................................................... 1 5 1 .9 6 1 3 2 .3 6

Industrial Source Measures:

RACT Geographic Expansion ........................................................................................................................... 3.43 3.43

Expanded RACT- Lowered Source Size Cutoffs (25 Tons Per Year) ............................................................ 2.78 2.78

New Control Technique Guidelines (CTG):

B a tc h P ro c e s s e s ........................................................................................................................................ 1 2 .6 0 3 .2 1

Industrial W aste Treatm ent Facilities (IW TF) ............................................................................................ 0.14 0.14

Volatile O rganic Liquid (VO L) Storage ...................................................................................................... 2.18 2.18

Plastic Parts Coating ................................................................................................................................. 0.28 0.28

L ith o g ra p h ic P rin tin g .................................................................................................................................. 4 .0 6 4 .0 6

Autom obile Refinishing .............................................................................................................................. 16.30 16.30

Coke Oven National Emission Standard for Hazardous Air Pollutants (NESHAP)/Maximum Available Control Technology (M ACT) ................................................................................................................................ 6.93 6.93

S O C M I N E S H A P .............................................................................................................................................. 1 .3 3 1 .3 3

TSDF RACT Phase I and II Controls ............................................................................................................... 2.08 2.08

Marine Vessel Loading ..................................................................................................................................... 1.40 1.40

Tightening of RACT Standards and Source Size Cutoffs ................................................................................ 12.05 12.05

P la n t S h u t-D o w n s ............................................................................................................................................. 3 1 .6 0 3 1 .6 0

Im proved Rule Effectiveness from Clean Air Act Perm it Program (CAAPP) ................................................... 26.30 26.30

S u b to ta l ...................................................................................................................................................... 1 2 3 .4 6 1 1 4 .0 7

Area Source Measures:

Stage II Service Station Vapor Recovery ......................................................................................................... 23.67 23.67

A IM C o a tin g ...................................................................................................................................................... 1 3 .2 8 1 0 .6 0

Traffic and M aintenance Coatings .................................................................................................................... 3.73 3.73

Underground Gasoline Storage Tank Breathing Control ................................................................................. 4.87 4.87

Consum er and Com m ercial Products Solvent Control ..................................................................................... 8.10 8.10

S u b to ta l ...................................................................................................................................................... 5 3 .6 5 5 0 .9 7

T o ta l ........................................................................................................................................................... 3 2 9 .0 7 2 9 7 .4 0

TABLE 4.-CONTROL MEASURES FOR THE METRO-EAST ST. LOUIS OZONE NONATTAINMENT AREA

VOC reduction VOC reduction

Control measure credit re- credit apquested (TPD) proved (TPD)

Mobile Source Measures:

Enhanced Vehicle I/M Program ........................................................................................................................

C o n v e n tio n a l T C M s ..........................................................................................................................................

See below

0.20

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TABLE 4.-CONTROL MEASURES FOR THE METRO-EAST ST. LOUIS OZONE NONATTAINMENT AREA-Continued

VOC reduction VOC reduction

Control measure credit re- credit apquested (TPD) proved (TPD)

Post-1994 Tier 1 Vehicle Em ission Rates ....................................................................................................... 0.19 0.19

7.2/8.2 psi RVP Conventional Gasoline ........................................................................................................... 8.55 8.55

1992 Vehicle I/M Program Am endments .......................................................................................................... 0.20 0.20

Federal Detergent Additive Gasoline ................................................................................................................ 0.20 0.20

Federal Non-Road Sm all Engine Standards .................................................................................................... 0.42 0.42

S u b to ta l ...................................................................................................................................................... 1 4 .5 6 9 .7 6

Industrial Source Measures:

New CTGs or Available CTGs:

B a tc h P ro c e s s e s ........................................................................................................................................ 0 .3 6 0 .3 6

IW T F .......................................................................................................................................................... 0 .1 0 0 .1 0

Autom obile Refinishing .............................................................................................................................. 1.20 1.20

Coke Oven NESHAP/M ACT ............................................................................................................................. 0.10 0.10

S O C M I N E S H A P .............................................................................................................................................. 0 .2 6 0 .2 6

TSDF RACT Phase I and II Controls ............................................................................................................... 0.06 0.06

Marine Vessel Loading ..................................................................................................................................... 11.82 11.82

Tightening of RACT Standards and Source Size Cutoffs ................................................................................ 0.39 0.39

P la n t S h u t-D o w n s ............................................................................................................................................. 1 .4 4 1 .4 4

Im proved Rule Effectiveness from CAAPP ...................................................................................................... 9.50 9.50

Hazardous Air Pollutant (HAP) Standards Early Reduction Program .............................................................. 0.74 0.74

S u b to ta l ...................................................................................................................................................... 2 5 .9 7 2 5 .9 7

Area Source Measures:

A IM C o a tin g ...................................................................................................................................................... 0 .9 4 0 .7 5

Traffic and M aintenance Coating ...................................................................................................................... 0.62 0.62

Underground Gasoline Storage Tank Breathing Control ................................................................................. 0.44 0.44

Consum er and Com m ercial Product Solvent Reduction .................................................................................. 0.58 0.58

S u b to ta l ...................................................................................................................................................... 2 .5 8 2 .3 9

T o ta l ........................................................................................................................................................... 4 3 .1 1 3 8 .1 2

TABLE 5.-FEDERAL APPROVAL OR PROMULGATION OF CONTROL MEASURES

Control measure Date of EPA approval

Chicago Area TCMs ...........................................

Metro-East Area TCMs .......................................

1992 National Energy Policy Act ........................

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

1995 Reformulated Gasoline ..............................

Metro-East area 7.2 psi RVP Conventional Gasoline Rule.

1992 Vehicle I/M Program Amendments ............

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

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

Chicago Area RACT Geographic Expansion .....

Chicago Area Expanded RACT-Lowered Size

Cutoffs (25 Tons VOC Per Year).

B atch P rocesses .................................................

IW T F ...................................................................

VOL Storage Tanks ............................................

P lastic Parts C oating ..........................................

Lithographic P rinting ...........................................

Automobile Refinishing .......................................

Coke Oven NESHAP ..........................................

SOCMI NESHAP ................................................

TSDF RACT (RCRA) Phase I and II ..................

Marine Vessel Loading Control ..........................

Tightened RACT Coating Standards ..................

Tightened RACT SOCMI Air Oxidation ..............

P lant S hut-dow ns ................................................

Improved Rule Effectiveness from CAAPP ........

HAP Standards Early Reduction Program .........

Underground Gasoline Storage Tank Breathing

Controls.

September 21, 1995 (60 FR 4886).

Date of EPA approval action is date of today's Federal Register. See discussion below.

Federal Regulation March 14, 1996 (61 FR 10621).

Federal Regulation June 5, 1991 (56 FR 25724).

Federal Regulation February 16, 1994 (59 FR 7716).

March 23, 1995 (60 FR 5318).

April 9, 1996 (61 FR 15715).

Federal Regulation November 1, 1994 (59 FR 54706).

Federal Regulation August 2, 1995 (60 FR 34582) See Guidance on Projection of Nonroad

Inventories to Future Years," February 4, 1994, and "Future Nonroad Emission Reduction

Credits for Court-Ordered Nonroad Standards," November 28, 1994.

September 9, 1994 (59 FR 46562).

October 21, 1996 (61 FR 54556).

April 2, 1996 (61 FR 14484).

Federal Regulation April 22, 1994 (59 FR 19468).

August 8, 1996 (61 FR 41338).

October 26, 1995 (60 FR 54807).

November 8, 1995 (60 FR 56238).

July 25, 1996 (61 FR 38577).

Federal Regulation October 27, 1993 (58 FR 57911).

Federal Regulation April 22, 1994 (59 FR 19454).

Federal Regulation Phase I, June 21, 1990 (55 FR 25454) Phase II, December 6, 1994 (59

FR 62896) See "Credit Toward the 15 Percent Rate-Of-Progress Reductions from Federal

Measures," May 6, 1993.

April 3, 1995 (60 FR 16801).

February 13, 1996 (61 FR 5511).

September 27, 1995 (60 FR 49770).

See discussion below.

March 7, 1995 (60 FR 12478).

Federal Regulation November 21, 1994 (59 FR 59924).

March 23, 1995 (60 FR 15233).

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TABLE 5.-FEDERAL APPROVAL OR PROMULGATION OF CONTROL MEASURES-Continued

Control measure Date of EPA approval

Stage II Gasoline Vapor Recovery ..................... January 12, 1993 (58 FR 3841).

AIM Coatings ...................................................... Creditable toward ROP. See "Update on the Credit for the 15 Percent ROP Plans for Reductions from the AIM Coatings Rule," March 7, 1996.

Traffic and Maintenance Coatings ...................... Creditable toward ROP. See "Update on the Credit for the 15 Percent ROP Plans for Reductions from the AIM Coatings Rule," March 7, 1996.

Consumer and Commercial Products Solvent Creditable toward ROP. See "Regulatory Schedule for Consumer and Commercial Products

Control. under Section 183(e) of the Clean Air Act," June 22, 1995.

1. Mobile Sources

a. Enhanced Vehicle IM. The Illinois

15 percent ROP plan submittal claims

emission reduction credit for enhanced

vehicle I/M for the Chicago and MetroEast St. Louis areas. The State has

signed a contract for the construction

and implementation of enhanced I/M,

which provides that enhanced I/M

testing will begin in January 1999.

Based on EPA's review of the State's

plan submittal, the State has adopted

sufficient measures, in conjunction with

credit from certain Federal measures, to

achieve 15 percent ROP and 3 percent

contingency requirements without

enhanced I/M. Enhanced I/M will play

a significant role in achieving post-1996

9 percent ROP requirements, and

ultimately, help bring the Chicago and

Metro-East St. Louis ozone

nonattainment areas into attainment of

the public health based ozone air

quality standards. The amount of

emission reduction credit which can be

taken for enhanced I/M will be

determined when Illinois submits and

EPA takes action on the State's 9

percent ROP plan.

b. Conventional TCMs. The

Metropolitan Planning Organizations

(MPO) for the Chicago and Metro-East

St. Louis areas (Chicago Area

Transportation Study and East-West

Gateway Coordinating Council,

respectively) are administering a

number of TCM projects to both reduce

vehicle miles traveled (VMT) and the

amount of VOC emissions per VMT. The

projects have been programmed and

funded through the areas'

Transportation Improvement Programs

(TIP) under the federal Congestion

Mitigation and Air Quality

Improvement Program (CMAQ). 2 Illinois

is claiming emission reductions from

the TCMs in its 15 percent ROP plans

for the Chicago and Metro-East areas.

States can take credit for TCMs which

are approved as revisions to the SIP.

2 MPOs can utilize United States Department of

Transportation (DOT) funds from CMAQ. CMAQ is

a federal program which provides funding for

transportation related projects and programs

designed to contribute to attainment of air quality

standards.

EPA's requirements for TCMs are

summarized in the June 1993, EPA

guidance document, Guidance on

Preparing Enforceable Regulations and

Compliance Programs for the 15 Percent

Rate -of-Progress Plans. The required

elements are (1) a complete description

of the measure, and, if possible, its

estimated emissions reduction benefits;

(2) evidence that the measure was

properly adopted by a jurisdiction(s)

with legal authority to execute the

measure; (3) evidence that funding will

be available to implement the measure;

(4) evidence that all necessary approvals

have been obtained from all appropriate

government offices; (5) evidence that a

complete schedule to plan, implement,

and enforce the measure has been

adopted by the implementing agencies;

and (6) a description of any monitoring

program to evaluate the measure's

effectiveness and to allow for necessary

in-place corrections or alterations.

The Chicago area TCMs were

approved on September 21, 1995 (60 FR

4886). The Metro-East St. Louis area's

15 percent ROP plan includes work trip

reductions, transit improvements, and

traffic flow improvements TCMs. These

TCMs are being approved in today's

action as a revision to the SIP because

they fully satisfy all the requirements

based on the following: (1) a complete

description of the program and

estimated emission reduction are

provided in documentation included in

the docket for this rulemaking action;

(2) the measure has been adopted by the

East-West Gateway Coordinating

Council, the authorized MPO for the St.

Louis metropolitan area; (3) the program

is currently operating and has received

federal CMAQ program money for

operation; (4) all necessary approvals

have been obtained from DOT in the FY

1994-1997 TIP (which includes the

TCMs); (5) the TIP provides the

schedule, implementation mechanism,

and also the enforcement mechanism for

the TCM (the conformity provisions in

40 CFR part 93 provide that TCMs in an

approved SIP must be implemented on

schedule before a conformity

determination can be made by DOT);

and (6) the CMAQ program requires

monitoring of programs funded under

CMAQ and annual reports to DOT on

achieved emission reductions.

The emission reductions claimed in

the ROP plans for both the Chicago and

Metro-East TCMs are adequately

documented and acceptable.

c. National Energy Policy Act of 1992.

The National Energy Policy Act (EPAct)

was enacted in October 1992. EPAct

mandates implementation (use) of

Alternative Fueled Vehicles (AFVs) in

federal, State, and utility fleets. EPAct

requires that 25% of new vehicle

purchases by federal fleets, 10% of new

vehicle purchases by State fleets, and

30% of new vehicle purchases by utility

fleets must be AFVs beginning in 1996.

IEPA estimated that EPAct would

implement approximately 2,000 AFVs

in the Chicago Area by 1996. The EPA

mobile source emission factor model,

MOBILE5a, was used to determine the

impacts of EPAct on mobile source

emissions. The State's emission

reduction estimates for this federal

measure are adequately documented

and acceptable.

d. Post-1994 Tier] Emission Rates.

Section 202 of the Act sets new Tier 1

emission standards for motor vehicles,

some of which will be implemented

prior to the end of 1996. The Tier 1

standards are approximately twice as

stringent as prior (established prior to

the 1990 Clean Air Act amendments)

motor vehicle emission standards. For

passenger cars and light-duty trucks

weighing up to 6,000 pounds, the

implementation of the standards is to be

phased-in over three years, 40 percent of

the manufactured vehicles for model

year 1994, 80 percent of the

manufactured vehicles in model year

1995, and 100 percent of the

manufactured vehicles in the model

year 1996 and later. For gasoline and

diesel powered light-duty trucks

weighing more than 6,000 pounds, the

Tier 1 standards are to be met in 50

percent of the manufactured vehicles in

model year 1996 and in 100 percent of

the manufactured vehicles thereafter.

The IEPA has determined that the

emission reductions resulting from

these tightened vehicle standards are

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creditable toward the 15 percent ROP

plan and used the MOBILE5a emission

factor model to calculate the VOC

emission reductions for this control

measure. The State's emission reduction

estimates are adequately documented

and acceptable.

e. 1992 IM Program Amendments. As

a result of an agreement resolving a

lawsuit between Wisconsin and EPA,

the State of Illinois added a tamper

check and two-speed idle test to the

basic I/M program in the Chicago

metropolitan area. The I/M program area

coverage was also increased to

encompass almost all of the Chicago

metropolitan area. These changes in the

I/M program were implemented in 1992,

and were approved by EPA on April 9,

1996 (61 FR 15715). Similar changes in

the components of the I/M program

were implemented in the Metro-East St.

Louis area, as well.

The IEPA used the MOBILE5a

emission factor model to estimate the

emission reductions for both areas. The

State's emission reduction estimates are

adequately documented and are

acceptable.

f. Federal Detergent Gasoline

Additive. The Federal detergent gasoline

additive regulation was promulgated

November 1, 1994 (59 FR 54706). This

regulation requires, beginning January 1,

1995, that gasoline sold nationwide

contain additives to prevent

accumulation of deposits in engines and

fuel systems. Preventing such deposits

maintains the efficiencies of engine

systems and reduces VOC emissions

resulting from engine efficiency

degradation.

The State has reviewed guidance from

EPA's Office of Mobile Sources which

indicates that the use of gasoline

containing the required additives will

reduce vehicle VOC emissions by 0.7

percent in 1996. This guidance is the

basis for the VOC emission reductions

claimed in the 15 percent ROP plans for

this control measure. The emission

reduction estimates are acceptable.

g. Federal Non-Road Sm all Engine

Standards. Federal standards for nonroad engines (25 horsepower and below)

were promulgated on July 3, 1995 (60

FR 34582). The standards would

primarily affect 2 stroke and 4 stroke

lawn and garden equipment and light

commercial, construction, and logging

equipment. Although full

implementation of this control measure

will not occur until after November 15,

1996, the States can take credit for this

measure pursuant to EPA policy

memoranda, "Guidance on Projection of

Nonroad Inventories to Future Years,"

February 4, 1994, and "Future Nonroad

Emission Reduction Credits for CourtOrdered Nonroad Standards,"

November 28, 1994. Based on this

policy, the IEPA assumed that the

Federal non-road small engine

standards would reduce 1996 VOC

emissions from these sources by 4.5

percent. The IEPA also assumes that

these rules will have a rule effectiveness

of 100 percent because the rules affect

all manufacturers of small engines in

the nation. The 4.5 percent emission

reduction claim is assumed to

appropriately account for rule

penetration (the fraction of small engine

emissions affected by the rule). The

assumed emission reduction percentage

is acceptable.

h. Reform ulated Gasoline. Beginning

January 1, 1995, sellers of gasoline in

the Chicago ozone nonattainment area

were required to sell only reformulated

gasoline as required under federal

regulation promulgated February 16,

1994 (59 FR 7716). Using the MOBILE5a

emission factor model, the IEPA has

determined that the use of reformulated

gasoline will result in a 15 percent

reduction in vehicle VOC emissions.

The IEPA notes that the use of

reformulated gasoline will also result in

lower gasoline marketing and off-road

engine emissions in the Chicago ozone

nonattainment area. The emission

reduction estimates are adequately

documented and acceptable.

i. 7.2 RVP Gasoline. On October 25,

1994, the IEPA submitted to the EPA a

SIP revision request for the purpose of

lowering the RVP of gasoline from 9.0

pounds per square inch (psi) to 7.2 psi

in the Metro-East St. Louis ozone

nonattainment area. EPA approved this

SIP revision on March 23, 1995 (60 FR

15233). The Illinois rule requires the use

of 7.2 psi RVP gasoline in the MetroEast St. Louis area during the period of

June 1 through September 15 each year

beginning in 1995. The rule grants a 1

psi waiver for ethanol blended gasolines

that have an ethanol content between 9

and 10 percent ethanol by volume.

The IEPA used the MOBILE5a

emission factor model to calculate the

resulting VOC emission reduction for

on-highway mobile sources. Illinois

used a RVP ratio (reduced RVP versus

average RVP of gasoline sold in 1990)

along with 1996 gasoline usage

estimates to calculate the VOC emission

reduction from gasoline marketing

sources. The calculation of the emission

reduction is adequately documented

and acceptable.

2. Industrial Sources

a. RA CT Geographic Expansion. The

State, on August 13, 1992, adopted a

rule to expand the coverage of existing

RACT regulations to include Oswego

Township in Kendall County, and Aux

Sable and Goose Lake Townships in

Grundy County. This geographic

expansion has affected several facilities,

which are adequately documented in

the ROP plan submittal. EPA approved

this expansion on September 9, 1994 (59

FR 46562). The emission reduction

estimate is acceptable.

b. RA CT-Reduction in Major Source

Threshold. Section 182(d) of the Act

defines "major source" for severe ozone

nonattainment areas to include any

stationary source or group of sources

located within a contiguous area and

under common control that emits, or

has the potential to emit, at least 25 tons

of VOC per year. This establishes a

maximum source size cutoff for the

application of RACT rules (the State has

adopted RACT rules with much smaller

source size cutoffs for most applicable

source categories) for severe ozone

nonattainment areas, such as the

Chicago area.

On January 6, 1994, the Illinois

Pollution Control Board (IPCB) adopted

modified source size cutoffs of 25 tons

per year, potential to emit, for

flexographic/rotogravure printing

operations, petroleum solvent dry

cleaners, and non-Control Technology

Guideline (non-CTG) sources in the

Chicago ozone nonattainment area.

Other source categories regulated in the

Chicago area are covered by categoryspecific source size applicability cutoffs

well below the 25 ton VOC per year

specified in section 182(d) of the Act.

EPA approved this regulation on

October 21, 1996 (61 FR 54556). The

State's emission reduction estimates for

this rule are adequately documented

and acceptable.

c. Post-1990 CTG Rules. Section

182(b)(2)(A) of the Act requires States

with moderate and above ozone

nonattainment areas to adopt RACT

rules covering post-1990 CTG source

categories. Illinois claimed emission

reduction credit for many of the State

rules adopted to meet the section

182(b)(2)(A) requirement. The following

briefly discusses these rules and

claimed emission reduction credit taken

by the State:

i. Batch Processes. Illinois' batch

process rule controls VOC emissions

from batch chemical processes found in

the following industries: plastic

materials and resin manufacturing;

cyclic crudes and intermediates

manufacturing and processing;

industrial organic chemical

manufacturing; pharmaceuticals

manufacturing; gum and wood

chemicals manufacturing; and

agricultural chemicals manufacturing.

This rule was derived from an EPA draft

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CTG dated December 29, 1993, and an

EPA Alternative Control Techniques

(ACT) document completed in February

1994. The rule was approved by EPA on

April 2, 1996 (61 FR 14484). The IEPA

used RACT flow rate equations from the

draft CTG for the development of the

control specifications of batch

processes. Emissions must be controlled

using condensers, absorbers, adsorbers,

thermal destruction systems, flares,

thermal incinerators, or catalytic

incinerators. In determining the

applicability of the control requirements

of the rule, owners or operators must

determine the actual average flow rates

for vent streams. If the actual average

vent stream flow rate (standard cubic

feet per minute) is below the

applicability flow rate value calculated

using the RACT flow rate equations

(specific to volatility), the VOC from a

process vent must be controlled with a

reduction efficiency of 90 percent (or

down to a VOC concentration of no

more than 20 parts per million volume).

Sources are exempted from emission

controls if the annual VOC emissions

are less than 500 pounds for individual

batch operations or less than 30,000

pounds for a batch process train. The

owner or operator must keep records of

average flow rates during testing periods

and annual VOC mass emission rates.

Compliance with this rule is required by

March 15, 1996.

The IEPA has determined there are 15

affected facilities in the Chicago ozone

nonattainment area and 3 affected

facilities in the Metro-East St. Louis

ozone nonattainment area. The EPA

accepts the emission reductions of 3.21

TPD claimed for facilities in the Chicago

area, and 0.36 TPD in the Metro-East

area.

It should be noted that the State,

during discussions with the EPA, has

raised the point that a significant

additional VOC emission reduction may

be claimed for this source category. In

the earlier submittals, the State

indicated a significant emission

reduction of 9.39 TPD for an alcohol

stripper unit at the Stepan Company's

Millsdale facility (Chicago ozone

nonattainment area) (permit/source

number 78030038087). The State and

EPA are working with the affected

company to determine the exact timing

of the emission reduction. If it is

ultimately determined that the emission

reduction occurred after 1990, the State

will seek the correction of the ROP plan

to credit this emission reduction in the

post-1996 ROP plans.

ii. IWTF. The State is claiming

emission reduction from the NESHAP

for this source category, 40 CFR part 63,

subpart G, promulgated April 22, 1994

(59 FR 19468). The State's emission

reduction estimates for this rule are

adequately documented and acceptable.

It should be noted, however, that the

IEPA is still expected to develop a State

rule for this source category to

implement RACT. If a RACT level rule

is adopted and implemented in the near

future, the State may claim additional

emission reduction credits for this

source category in the post-1996 ROP

plans.

iii. VOL Storage. On November 30,

1994, the IEPA submitted an adopted

rule and supporting information for the

control of VOC emissions at VOL

storage operations in the Chicago and

Metro-East St. Louis ozone

nonattainment areas. The EPA approved

this rule on August 8, 1996 (61 FR

41339).

The VOL storage emission control

requirements apply to facilities storing

VOLs with vapor pressures of 0.75

pounds per square inch absolute (psia)

or greater (facilities storing VOLs with

vapor pressures equal to or exceeding

0.5 psia must keep records of VOLs

stored including VOL vapor pressures)

in any storage tank of 40,000 gallons

capacity or greater. The rule does not

apply to vessels storing petroleum

liquids, which are covered under other

rules.

For fixed roof tanks, the VOL storage

rule requires the installation of internal

floating roofs with foam or liquid-filled

seals and secondary seals to close the

gap between the tank's inner wall and

the floating roof. These controls must be

implemented by March 15, 1996.

External floating roof tanks must be

equipped with primary and secondary

seals before March 15, 2004, or at the

time of the next tank cleaning,

whichever comes first.

For internal floating roof tanks, the

internal floating roofs must be equipped

with primary and secondary seals before

March 15, 2004, or at the time of the

next tank cleaning, whichever comes

first.

Sources may also use closed vent

systems and emission control devices

provided the emission control systems

are operated with no detectable

emissions or monitored VOC

concentrations above 500 parts per

million above background levels.

Control devices must be operated to

reduce VOC emissions by at least 95

percent. Storage vessels of 40,000

gallons or greater storage capacity that

store VOLs with a maximum true vapor

pressure equal to or greater than 11.1

psia must be equipped with a closed

vent system and emission control device

with emission control efficiency equal

to or greater than 95 percent.

Recognizing that only fixed roof tanks

would be required to implement

emission controls by the end of 1996,

the IEPA claimed emission reductions

for only these types of tanks. The

emission reduction estimates are

adequately documented and acceptable.

iv. Plastic Parts Coating. On May 5,

1995, the IEPA submitted an adopted

rule for the control of VOC emissions

from automotive/transportation and

business machine plastic parts coating

operations in the Chicago and MetroEast St. Louis ozone nonattainment

areas (no applicable sources exist in the

Metro-East St. Louis area). The EPA

approved this rule on October 25, 1995

(60 FR 54807).

The rule specifies the VOC content

limits for various types of coating

distinguishing between coating of

automotive/transportation plastic parts

and business machine plastic parts (see

60 FR 54808). Sources may also choose

to use add-on control devices which

achieve equivalent emission reductions.

Compliance with this rule must be met

by March 15, 1996. The emission

reductions claimed for this source

category are adequately documented

and acceptable.

v. Lithographic Printing. Using EPA's

September 1993 draft CTG for this

source category, the IEPA developed a

regulation establishing VOC content

limits, emission control requirements,

and required work practices for this

source category. The State's rule

includes limitations on the VOC content

of fountain solutions and cleaning

solutions. The rule also provides for the

use of afterburners and other emission

control devices for heat set web offset

lithographic printing operations. The

rule establishes recordkeeping, testing,

and reporting requirements as well as

work-practice requirements, such as a

requirement for the storage of cleaning

materials and spent cleaning solutions

in air-tight containers.

The rule is applicable to all

lithographic printing lines at a facility if

the VOC emissions, in total, from the

lithographic printing lines exceed 45.5

kilograms per day or 100 pounds per

day. The rule also applies to facilities

with heat set web offset printing lines if

the maximum theoretical emissions of

VOC, in total, ever exceed 90.7

megagrams per year or 100 tons per

year. Compliance with the rule is

required by March 15, 1996. The EPA

approved this rule on November 8, 1995

(60 FR 56238).

The IEPA has determined that 113

facilities in the Chicago ozone

nonattainment area will be potentially

affected by the rule, with 49 facilities

likely to require new emission controls

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or process modifications. Only one

facility in the Metro-East St. Louis area

is expected to be affected by the rule,

with no anticipated reduction in VOC

emissions. Emission reduction credits

for the Chicago facilities were calculated

using the emission reduction factors for

add-on controls, fountain solution

reformulation or process modification,

and cleaning solution reformulation

provided for model plants in the

September 1993 draft CTG. The

emissions reduction credit claimed is

adequately documented and acceptable.

vi. Automobile Refinishing. The EPA,

on the behalf of the IEPA, contracted

with Midwest Research Institute (MRI)

to conduct a study of the motor vehicle

refinishing industry in the Chicago and

Metro-East ozone nonattainment areas.

This study included an estimate of the

1990 base year emissions and the study

report recommended emission control

strategies and possible resultant

emission reductions. The study

concluded that approximately 1,463

refinishing shops are located in the

Chicago ozone nonattainment area, and

107 are located in the Metro-East ozone

nonattainment area.

Based on the study, review of similar

regulations developed by the California

Air Resources Board (CARB), and

discussions with local automobile

refinishing representatives, the IEPA

adopted the following coating VOC

content limits (pounds VOC per gallon

of coating, minus water and exempt

compounds):

Pretreatment Wash Primer .............. 6.5

Precoat .............................................. 5.5

Primer/Primer Surfacer Coating ...... 4.8

Prim er Sealer ................................... 4.6

Topcoat System ............................... 5.0

Basecoat/Clearcoat ........................... 5.0

Three or Four Stage Topcoat System ................................................ 5 .2

Specialty Coatings ........................... 7.0

Anti-Glare/Safety Coating ............... 7.0

In addition to these VOC content

limits, the regulation also establishes

VOC content limits for surface

preparation/cleaning products (6.5

pounds VOC per gallon of plastic parts

cleaning compounds and 1.4 pounds of

VOC per gallon of other surface

cleaning/preparation products). The

rule also requires the use of gun

cleaners designed to minimize solvent

evaporation during the cleaning,

rinsing, and draining operations with

recirculation of solvent during the

cleaning operation and collection of

spent solvent. Spent and fresh solvent

must be stored in closed containers.

Coating application must be done using

High Volume, Low Pressure guns or

electrostatic application systems. As an

alternative to the VOC content limits, a

facility may use add-on control systems,

such as incinerators or carbon

adsorbers, which would reduce VOC

emissions by at least 90 percent.

Facilities that use less than 20 gallons

of coatings per year total are exempted

from the coating application and gun

cleaner equipment requirements.

Refinishing facilities are required to

keep monthly records of coating

purchases and the VOC contents of

these coatings. Facilities are also

required to use coatings in accordance

with the coating manufacturer's

specifications. Compliance with the rule

must be met by March 15, 1996. The

EPA approved the rule on July 25, 1996

(61 FR 38577). The emission reduction

estimates for this rule are adequately

documented and acceptable.

d. Coke Oven NESHAP. The coke

oven NESHAP, 40 CFR part 63, subpart

L, promulgated on October 27, 1993 (58

FR 57911), control emissions from coke

oven doors, off-takes, lids, and charging.

The emission control requirements of

the rule must be met by the end of 1995.

The emission reduction estimates are

adequately documented and acceptable.

e. Hazardous Organic NESHAPSOCML The SOCMI NESHAP, 40 CFR

part 63, subpart F, promulgated April

22, 1994, (59 FR 19454) affects

processes which produce one or more of

the 396 designated SOCMI chemicals

using one or more designated HAPs as

a reactant or producing HAPs as a

byproduct or co-product. Under EPA

policy memorandum, "Credit Toward

the 15 Percent Rate-Of-Progress

Reductions from Federal Measures,"

May 6, 1993, 5 percent emission

reduction from 1990 base line levels can

be claimed from this rule. The State's

emission reduction estimates are

acceptable.

f. TSDF RA CT Phase I and II. Under

RCRA, EPA is taking action to control

VOC emissions in three phases. Phase I

regulations were promulgated by the

EPA in June 1990 and became effective

in December 1990. Phase II regulations

were promulgated on December 6, 1994.

The effective date for the Phase II

regulations was suspended until

December 6, 1996 (see 61 FR 59932,

November 25, 1996). The Phase II

compliance date is December 8, 1997.

Although final compliance with the

Phase II regulation will occur after

November 15, 1996, States can take

emission reduction credit for Phase II

TSDF regulations toward the 15 percent

ROP plan pursuant to EPA policy

memorandum, "Credit Toward the 15

Percent Rate-Of-Progress Reductions

from Federal Measures," May 6, 1993.

Illinois' emission reduction estimates

for these federal rules are acceptable.

g. Marine Vessel Loading Controls.

The State's rule requires a 95 percent

reduction in VOC emissions resulting

from the loading of gasoline and crude

oil into marine vessels at all marine

terminals in the Chicago and Metro-East

St. Louis ozone nonattainment areas

which load gasoline or crude oil into

tank ships and barges. The rule applies

between May 1 and September 30 each

year beginning in 1996, and requires

that vessel cargo compartments be

closed to the atmosphere during loading

using: (1) Devices to protect tanks from

underpressurization and

overpressurization; (2) level-monitoring

and alarm systems designed to prevent

overfilling; and (3) devices for cargo

gauging and sampling. VOC capture

must be achieved with either (1) a

vacuum-assisted vapor collection

system, or (2) certification of vessel

vapor-tightness. Piping used in the

transfer of gasoline or crude oil must be

maintained and operated to prevent

visible liquid leaks, significant odors,

and visible fumes. Owners and

operators must use leak inspection

procedures similar to those used at

petroleum refineries.

Based on IEPA's records, there are

five affected facilities in the Chicago

ozone nonattainment area and six

affected facilities in the Metro-East St.

Louis ozone nonattainment area. To

calculate VOC emission reduction for

this source category, the IEPA assumed

that vapor recovery and emissions

control systems can reduce VOC

emissions by 90 percent. The rule was

adopted on October 20, 1994, and was

approved by the EPA on April 3, 1995

(60 FR 16801). The emission reduction

credits claimed are adequately

documented and acceptable.

h. Tightening of RA CT Standards and

Cutoffs. Based on an April 1993,

Science Applications International

Corporation (SAIC) report titled,

"Technical Document for Reasonably

Available Control Technology for

Illinois to Assist in Achieving 15

Percent Reduction in Ozone

Nonattainment Areas," the IEPA

determined that the VOC content limits

for coatings could be lowered for the

following source categories:

Automobile/Truck Coating; Paper

Coating; Fabric Coating; Metal Furniture

Coating; Flexographic/Rotogravure

Printing; Miscellaneous Surface Coating;

Can Coating; Metal Coil Coating; Vinyl

Coating; Miscellaneous Metal Coating;

and Large Appliance Coating. After

further consideration, the IEPA

determined that no additional

tightening of existing coating VOC

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content limits could be justified at this

time for automobile/truck coating and

flexographic/rotogravure printing.

The State's tightened RACT coating

limits are similar to those used in the

South Coast Air Quality Management

District of California. The tightened

limits were adopted by the Illinois

Pollution Control Board on April 20,

1995, and were approved by EPA on

February 13, 1996 (61 FR 5511). The

tightened SOCMI air oxidation

requirements were adopted on October

20, 1994, and were approved by EPA on

September 27, 1995 (60 FR 49770). The

15 percent ROP documentation

indicates that for the Chicago area an

estimated 8.00 TPD emission reduction

has occurred from sources covered

under the tightened RACT coating limit

rule, and 4.05 TPD emission reduction

has occurred from sources covered

under the tightened SOCMI air

oxidation rule. In the Metro-East area,

0.39 TPD were claimed, while no

emission reductions occurred due to the

SOCMI air oxidation rule. The emission

reductions claimed are acceptable.

i. Plant Shut-downs. Facilities or

plant units which have been shut-down

since 1990 were identified through: (1)

Facility responses to permit renewals;

(2) responses to Annual Emission

Report (AER) requests; (3) direct field

inspections; and (4) requests from the

facilities themselves to have their source

permits withdrawn due to shut-down.

Facility closings and emission

reductions were verified through review

of Emission Inventory System (EIS)

records, permit file data, and field

reports.

To further support the estimated

emission reductions, the IEPA has

provided the EPA with a list of closed

facilities. The IEPA maintains a plant

shut-down file which documents the

methods of verification.

The shut-down credits were

calculated using 1990 emissions

projected to 1996 using the Emissions

Growth Assessment System (EGAS)

growth factors for specific source units.

The projected 1996 emissions were used

because these emissions had already

been built into the projected 1996

emissions used to calculate the emission

targets under the ROP plans.

Emission reductions from the plant

shut-downs are made permanent

through the closing of source permits

and, therefore, are acceptable. The

source permits for these facilities will

not be reissued by the IEPA. If these

sources wish to restart, they will have

to go through new source review and

will be controlled through new source

emission control requirements.

j. Improved Rule Effectiveness.

Illinois' Title V program, the CAAPP,

covers most source facilities in the two

ozone nonattainment areas. The IEPA

submitted the CAAPP to the EPA in

November 1993, and the EPA gave the

program interim approval on March 7,

1995 (60 FR 12478). The program

became effective in 1996.

A primary emphasis of the CAAPP is

rigorous recordkeeping, reporting, and

monitoring. The CAAPP regulations

include recordkeeping, reporting, and

monitoring requirements not covered

under existing regulations or

emphasizes existing regulations for such

requirements. Sources must submit

progress reports to the IEPA at a

minimum of every 6 months and the

permittees must certify no less

frequently than annually that the

facilities are in compliance with the

permit requirements. Source owners or

operators must also promptly report any

deviances from permit conditions to the

IEPA. The CAAPP requirements contain

significant civil and criminal penalties

for source owners or operators failing to

comply with the permit requirements,

including the recordkeeping, reporting,

and monitoring requirements.

The IEPA used EPA's rule

effectiveness evaluation questionnaire,

and, based on the requirements of the

CAAPP regulations, determined that the

CAAPP requirements should lead to a

rule effectiveness of 95 percent for all

source facilities covered by the CAAPP.

The IEPA determined the VOC emission

reduction credit for this rule

effectiveness improvement by

considering the "current" rule

effectiveness for each facility or source

category used to develop the 1990 base

year emissions inventory (80 percent for

most facilities, with some facilities

starting at 92 percent based on prior

study results). The IEPA documented

the rule effectiveness improvement

findings in a report titled "Impact of

CAAPP on Inventory RE."

In comments on a draft version of the

ROP plan, the EPA had indicated to the

IEPA that recent changes in Title V

requirements and guidelines to allow

more source flexibility could jeopardize

the anticipated improvement in rule

effectiveness since some of the changes

in EPA policy could relax compliance

monitoring. Particularly, the increased

flexibility would allow sources to

switch from enhanced monitoring

procedures to less stringent Compliance

Assurance Monitoring (CAM)

procedures. The IEPA, however, views

this increased source flexibility as

having minimal impact on the rule

effectiveness to be obtained from the

CAAPP, in light of the overall

requirements sources are still subject to

under CAAPP. It is pointed out that the

EPA engineers who are technically

supporting the compliance assurance

monitoring procedures in EPA's revised

Title V policy agree with a rule

effectiveness estimate of 95 percent for

programs like the CAAPP. The EPA

agrees with this view and accepts the

estimated emission reduction claimed.

k. HAP Early Reduction Program. This

program, promulgated on November 21,

1994 (59 FR 59924), allows an existing

source subject to an applicable section

112(d) standard to be granted a 6-year

compliance extension upon

commitment by the owner or operator of

the source that the source has achieved

a reduction of 90 percent or more of

HAP by 1994. Emission reductions are

determined by comparing the postcontrol emissions with verifiable and

actual emissions in a base year not

earlier than 1987, except that 1985 or

1986 may be used as a base year if the

emissions data are based on information

received before November 15, 1990. In

the Metro-East St. Louis nonattainment

area, only one applicable facility has

committed to the early reduction

program. Under the program, such

commitments are federally enforceable.

The reduction in VOC from this facility

due to the program, therefore, is

creditable.

3. Area Sources

a. Stage II Vapor Recovery. On August

13, 1992, Illinois adopted Stage II vapor

recovery rules, which require the return

of gasoline vapors to underground

storage tanks during automobile

refueling. Full phase-in of the

requirements occurred on November 1,

1994. EPA approved these rules on

January 12, 1993 (58 FR 3841).

The IEPA has monitored the

effectiveness of the Stage II regulations

and the status of service station

compliance. The Stage II controls have

been established at most service stations

in the Chicago nonattainment area and

have been certified to reduce VOC

emissions by at least 95 percent. The

emission reduction estimates derived

from this observation are acceptable.

b. Architectural Coating. EPA is in the

process of adopting a national rule

applicable to manufacturers of AIM

coatings. EPA proposed this rule on

June 25, 1995 (61 FR 32729). Based on

EPA policy memoranda, the State has

assumed that an emission reduction

credit of 20 percent could be taken for

this source category. Even though the

final rule has not been promulgated, and

the compliance with the rule is not

expected until 1998, the EPA is

allowing States to take credit for 20

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percent emission reduction credit for

this source category, relative to 1990

emission levels. See "Credit for the 15

Percent Rate-Of-Progress Plans for

Reductions from the AIM Coating Rule,"

March 22, 1995, and "Update on the

Credit for the 15 Percent Rate-OfProgress Plans for Reductions from the

Architectural and Industrial

Maintenance Coatings Rule," March 7,

1996. The State has calculated emission

reductions for architectural coatings

separate from the traffic marking and

maintenance coating provisions of the

AIM rule. The State's emission

reduction estimates for architectural

coatings are acceptable.

c. Traffic Marking and Maintenance

Coating. The State has chosen to rely on

the Federal AIM rule (now expected to

be implemented in 1998) for emission

reductions in this source category.

Although EPA policy

memoranda,"Credit for the 15 Percent

Rate-Of-Progress Plans for Reductions

from the Architectural and Industrial

Maintenance Coating Rule," March 22,

1995, and "Update on the Credit for the

15 Percent Rate-Of-Progress Plans for

Reductions from the Architectural and

Industrial Maintenance Coatings Rule,"

March 7, 1996, indicated that the State

can assume a 20 percent emission

reduction for this source category, the

State notes that a more appropriate

method for determining the emission

reduction for traffic marking and

maintenance coatings would involve

consideration of the VOC content limit

(150 grams VOC/liter coating) proposed

in EPA's draft AIM rule. Data supplied

by the Illinois Department of

Transportation indicates that the

median VOC content in traffic/

maintenance coatings in the State of

Illinois in 1990 was 413 grams/liter

coating (this median VOC content level

is assumed to apply to both ozone

nonattainment areas in the State).

Comparing the proposed limit to this

median VOC content level indicates that

a 63.7 percent reduction in VOC

emissions would occur if the proposed

VOC content limit were attained. This

leads to VOC reduction estimates of 3.73

TPD for the Chicago area and 0.62 TPD

for the Metro-East St. Louis area. These

estimates are acceptable.

d. Underground Gasoline Storage

Tank Breathing Controls. The State rule,

adopted by the State on September 15,

1994, requires the installation of

Pressure/Vacuum relief-control valves

(P/V valves) on gasoline storage tank

vents by March 15, 1995. The P/V

valves must remain closed against tank

pressures of at least 3.5 inches water

column and tank vacuums of at least 6

inches water column. Gasoline storage

tank owners must maintain records of

malfunctions and repairs and must

register installation of the P/V valves

with the IEPA prior to March 15, 1995.

The P/V valves must be tested annually

and the owners must keep records of the

tests. EPA approved this rule on March

23, 1995 (60 FR 15233).

The IEPA estimates that this rule will

reduce gasoline breathing emissions by

90 percent. This emission reduction

estimate is acceptable as are the

emission reduction credits claimed for

the Chicago and Metro-East St. Louis

areas.

e. Consumer and Commercial

Solvents. The March 23, 1995 Federal

Register contained EPA's list of affected

product categories and schedule for

regulation of consumer and commercial

solvent contents as required by section

183(e) of the Act. The EPA intends to

regulate the solvent contents in 24

product categories. The Federal Register

action states that the EPA expects the

regulation to achieve a 25 percent

reduction in VOC emissions from the

regulated product categories. This

regulation was scheduled to be

promulgated in 1996. Under EPA policy

memorandum "Regulatory Schedule for

Consumer and Commercial Products

under Section 183(e) of the Clean Air

Act," June 22, 1995, EPA will grant an

emission reduction credit for this source

category even though emission

reductions are not expected to occur

until after 1996.

The IEPA cites an EPA study which

states that the best estimate of VOC

emissions for consumer and commercial

products is 8.03 pounds per person per

year. The study further states that the

Federal regulation of consumer and

commercial product solvents is

expected to reduce these emissions by 1

pound per person per year. Using the

1996 projected populations and the ratio

of 6.3 pounds VOC per person per year

used for this source category in the 1990

base year emissions inventory to the

8.03 pounds per person per year

specified in the EPA study, the IEPA has

determined that the Federal rule gives

an 8.10 tons VOC per day reduction in

the Chicago ozone nonattainment area

and a 0.58 tons VOC per day reduction

in the Metro-East St. Louis ozone

nonattainment area. The emission

reduction credits are acceptable.

Il. Public Comments and Response

During the 30-day public comment

period for the July 14, 1997, proposed

rulemaking, EPA received two comment

letters adverse to approval of the

Chicago and Metro-East area 15 percent

plans: an August 13, 1997, letter from

the American Lung Association of

Metropolitan Chicago, Citizens for a

Better Environment (Wisconsin),

Citizens Commission for Clean Air in

the Lake Michigan Basin, the Hoosier

Environmental Council, the Illinois

Chapter of the Sierra Club, and the

Michigan Environmental Council (ALA

et al); and an August 6, 1997 letter from

a concerned citizen. The following

discussion summarizes the comments

and EPA's response to those comments.

A. Post-1996 Federal Measures

Comments: ALA et al indicate that

Illinois should not be allowed to take

credit for certain federal control

measures which were not implemented

by November 15, 1996, including

Federal Non-Road Small Engine

Standards, TSDF RACT Phase II, AIM

coating, and Consumer and Commercial

Products Solvent Control. According to

the commenters, section 182(b)(1) of the

Act clearly requires States to submit

plans that demonstrate a 15 percent

emission reduction before November 15,

1996. The commenters also state the

policy memoranda regarding credit for

post-1996 measures cited in the July 14,

1997, proposed rulemaking provide no

good basis for thwarting the clear intent

and requirements of the Clean Air Act,

and were issued without formal public

comment.

Response: Section 182(b)(1)(A) of the

Act requires States to submit their 15%

SIP revisions by November 15, 1993.

Section 182(b)(1)(C) of the Act provides

the following general rule for

creditability of emissions reductions

toward the 15 percent requirement:

"Emissions reductions are creditable

toward the 15 percent required, to the

extent they have actually occurred, as of

[November 15, 1996], from the

implementation of measures required

under the applicable implementation

plan, rules promulgated by the

Administrator, or a permit under Title

V." In addition, section 182(b)(1)(D)

identifies specific control measures

which cannot be creditable toward the

15 percent plan, including pre-1990

FMVCP, 1990 RVP, RACT fix-ups, and

I/M fix-ups.

Between 1992 and 1996, EPA issued

a series of policy memoranda indicating

its intention to implement several

federal measures before November 15,

1996, and provided emission reductions

estimates from these measures for States

to use in their 15 percent plans.

However, several federal measures have

been significantly delayed. By the time

it was realized that some federal

measures would not be implemented by

November 1996, several States had

already completed and submitted their

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15 percent plans relying on the federal

measures.

Section 182(b)(1)(C) is ambiguous as

to whether emission reductions from

federal measures expected to occur by

November 1996 are creditable now that

the deadline has passed. Read literally,

section 182(b)(1)(C) provides that

although the 15 percent SIPs are

required to be submitted by November

1993, emissions reductions are

creditable as part of those SIPs only if

"they have actually occurred, as of

[November 1996]". This literal reading

renders the provision internally

inconsistent. Accordingly, EPA believes

that the provision should be interpreted

to provide, in effect, that emissions

reductions are creditable "to the extent

they will have actually occurred, as of

[November 1996], from the

implementation of [the specified

measures]" (the term "will" is added).

This interpretation renders the

provision internally consistent.

Moreover, section 182(b)(1)(C) of the

Act explicitly includes as creditable

reductions those resulting from "rules

promulgated by the Administrator."

This provision does not state the date by

which those measures must be

promulgated, i.e., does not indicate

whether the measures must be

promulgated by the time the 15% SIPs

were due (November 1993), or whether

the measures may be promulgated after

this due date.

Because the statute is silent on this

point, EPA has discretion to develop a

reasonable interpretation, under

Chevron U.S.A. Inc. v. NRDC, 467 U.S.

837, 104 S.Ct. 2778, 81 L.Ed.2d 694

(1984). EPA believes it is reasonable to

interpret section 182(b)(1)(C) of the Act

to credit reductions from federal

measures as long as those reductions

were expected to occur by November,

1996, even if the federal measures are

not promulgated by the November 1993

due date for the 15 percent SIPs.

EPA's interpretation is consistent

with the Congressionally mandated

schedule for promulgating regulations

for consumer and commercial products,

under section 182(e) of the Act. This

provision requires EPA to promulgate

regulations controlling emissions from

consumer and commercial products that

generate emissions in nonattainment

areas. Under the schedule, by November

1993-the same date that the States

were required to submit the 15% SIPsEPA was to issue a report and establish

a rulemaking schedule for consumer

and commercial products. Further, EPA

was to promulgate regulations for the

first set of consumer and commercial

products by November 1995. It is

reasonable to conclude that Congress

anticipated that reductions from these

measures would be creditable as part of

the 15% SIPs.

Since all the federal measures Illinois

relied on were expected to occur by

November 1996, these measures are

creditable for purposes of the 15 percent

plan. It is not intended under section

182(b)(1)(C) of the Act for EPA to

disapprove 15 percent plans which

claim credit for federal measures which

were not implemented as was expected

during plan development. To interpret

the Act otherwise would unfairly

punish the State for delays in federal

rule implementation for which the State

had no power to control.

In addition, all the post-1996 federal

measures for which Illinois has claimed

credit are close to being implemented

since the measures either have been

promulgated or have been proposed.

The following table indicates the post1996 federal measures included in

Illinois' 15 percent plans, the statutory

provisions which require the measures'

promulgation, and the status of the

measures' implementation:

Federal measure Statutory requirement Status

Non-road Engines 25 hp and below (Phase I) Act Section 213(a)(2) ......... Phase I standards published July 3, 1995 (60 FR 34582).

Final Compliance date MY 1997, except Class V engine families,

which must comply January 1, 1998.

TSDF RACT and RCRA Phase II Control ...... RCRA Section 3004(n) ...... Final rule published December 6, 1994 (59 FR 62896).

Final Compliance Date December 8, 1997 (61 FR 59932).

AIM Coatings ................................................... Act Section 183(e)(3) ......... Proposed rule published June 25, 1996 (61 FR 32729).

Traffic and Maintenance Coatings .................. Act Section 183(e)(3) ......... Proposed rule published June 25, 1996 (61 FR 32729).

Consumer and Commercial Products ............. Act Section 183(e)(3) ......... Proposed rule published April 2, 1996 (61 FR 14531).

To exclude credit for these mandated

federal measures would mean the State

would have to develop and submit a

new 15 percent plan and adopt

substitute State measures. This would

force the State to achieve more than a

15 percent emission reduction once the

reductions from the mandated federal

measures occur. EPA believes this over

compliance with the 15 percent

requirement would not be supported by

the intent of the Act and would be

unreasonably burdensome for the State,

especially since the State is already

obligated to secure substantial

additional VOC reductions in the

Chicago area to meet post-1996 ROP

requirements.

The fact that EPA cannot determine

precisely the amount of credit available

for federal measures not yet

promulgated does not preclude granting

the credit. The credit can be granted as

long as EPA is able to develop

reasonable estimates of the amount of

VOC reductions from the measures EPA

expects to promulgate. EPA believes

that it is able to develop reasonable

estimates, particularly because EPA has

either already proposed or promulgated

the measures at issue. Many other parts

of the SIP, including State measures,

typically include estimates and

assumptions concerning VOC amounts,

rather than actual measurements. For

example, EPA's document to estimate

emissions, "Compilation of Air

Pollutant Emission Factors," January

1995, AP-42), provide emission factors

used to estimate emissions from various

sources and source processes. AP-42

emission factors have been used, and

continue to be used, by States and EPA

to determine base year emission

inventory figures for sources and to

estimate emissions from sources where

such information is needed. Estimates

in the expected amount of VOC

reductions are commonly made in air

quality plans, even for those control

measures that are already promulgated.

Moreover, the fact that EPA is

occasionally delayed in its rulemaking

is not an argument against granting

credits from these measures. The

measures are statutorily required, and

States and citizens could bring suit to

enforce the requirements that EPA

promulgate them. If the amount of credit

that EPA allows the State to claim turns

out to be greater than the amount EPA

determines to be appropriate when EPA

promulgates the federal measures, EPA

intends to take appropriate action to

require correction of any shortfall in

necessary emissions reductions that

may occur.

The above analysis focuses on the

statutory provisions that include

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specific dates for 15 percent submittal

(November 1993) and implementation

(November 1996). These dates have

expired, and EPA has developed new

dates for submittal and implementation.

EPA does not believe that the expiration

of the statutory dates, and the

development of new ones, has

implications for the issue of whether

reductions form federal measures

promulgated after the date of the 15

percent SIP approval may be counted

toward those 15 percent SIPs. Although

the statutory dates have passed, EPA

believes that the analysis described

above continues to be valid.

B. Rule Effectiveness Improvements

Comments: ALA et al indicate that the

rule effectiveness improvement credit is

an "extraordinarily large paper

reduction," and that neither Illinois nor

EPA have adequately demonstrated that

95 percent rule effectiveness has been or

will be achieved in light of changes to

Title V monitoring requirements under

the upcoming CAM rule. The

commenters also note that the emission

reduction credit given for rule

effectiveness improvements in the

Chicago area is comparable to the

emission reduction credit given for

reformulated gasoline in the Milwaukee

ozone nonattainment area. The

commenters find their concerns

substantiated by a recent University of

Southern California study which found

that industrial sources in Houston have

been emitting VOC hundreds of times

more than what has been reported. Also,

the commenters claim that neither

Illinois nor EPA could provide the

commenters a complete list of Illinois

sources subject to non-CTG RACT

requirements, or compliance

information related to these sources,

even after the commenters submitted a

Freedom of Information Act (FOIA)

request to the IEPA. The commenters

recommend that credit should be

allowed for only 85 percent rule

effectiveness for most sources until the

actual changes are verified through the

1996 update to Illinois' emission

inventories.

Response: The CAAPP program

realizes VOC emission reductions

through improving the implementation

of existing VOC add-on control

requirements in the Chicago and MetroEast areas. CAAPP requires more

stringent record keeping, reporting,

compliance certification, and

monitoring requirements, and provides

more severe enforcement penalties than

the existing State rules. These

provisions, in turn, assure higher rates

of compliance, and, correspondingly,

lower emissions from the sources.

As was indicated in the July 14, 1997,

direct final rule, IEPA's rule

effectiveness evaluation is reported in

the April 1995 document, "Impact of

Clean Air Act Permit Program on

Inventory Rule Effectiveness," included

in the State submittal. One of the

elements of the CAAPP program

considered in the Illinois rule

effectiveness evaluation was Title V

enhanced monitoring. After IEPA

completed the study, however, EPA

decided to promulgate more flexible

Title V monitoring requirements known

as CAM.

The original enhanced monitoring

program would have required many

affected facilities to install expensive

Continuous Emission Monitoring

Systems (CEMS) or develop other

monitoring directly correlated with

emission values. After consultation with

stakeholders, EPA decided that such

requirements would be overly

prescriptive and excessively

burdensome for many industries to

install and operate CEMS and on State

and local agencies in implementing

their operating permit programs. On

October 22, 1997, the EPA promulgated

the final CAM rule (62 FR 54899),

which requires monitoring of operating

parameters of add-on control equipment

to assure compliance. The CAM rule is

much less burdensome to administer by

State and Local agencies than the

original enhanced monitoring program,

allowing agencies to direct resources in

assuring compliance more effectively.

Furthermore, the CAM rule covers more

sources than the original enhanced

monitoring proposal. The rule also

provides State and local agencies an

additional enforcement tool to address

persistent control device operation

problems through a Quality

Improvement Plan (QIP). A QIP is a

comprehensive two-step evaluation and

correction process that will require the

facility owner to prepare a formal plan

and a schedule for correcting control

device problems. Such activities may

include significant repairs to or even

replacement of control devices. The QIP

provisions are intended to provide

compliance assurance benefits

equivalent to the direct monitoring

provisions contained in the original

enhanced monitoring. Finally, sources

already subject to more stringent

monitoring requirements are not

provided any additional flexibility

under CAM, and CAM does not affect

the stringency of any other record

keeping, reporting and compliance

certification requirements required

under CAAPP. For these reasons, the

EPA finds that the CAM rule does not

negatively impact Illinois' estimate of

rule effectiveness improvement from

CAAPP.

EPA is not required under the Act to

withhold 15 percent plan credit from

control measures until the actual

reduction is verified. Rather, EPA

interprets section 182(b)(1) of the Act to

allow States to rely on reasonable

estimates of emission reductions when

developing the 15 percent plans. The

State's report "Impact of the CAAPP on

Inventory Rule Effectiveness,"

represents a reasonable estimate of rule

effectiveness improvement due to

CAAPP. It should also be noted that

Illinois' rule effectiveness improvement

estimate is consistent with EPA's

Regulatory Impact Analysis (RIA) for the

new ozone NAAQS, which found 95

percent rule effectiveness to be the most

representative value for proposed Act

control assumptions (See appendix A of

the RIA for the July 18, 1997 ozone

NAAQS). To the extent that future

verification of the rule effectiveness

improvements from CAAPP

demonstrates less emission reductions

than anticipated, Illinois will be

expected to make up the shortfall.

The Milwaukee area 15 percent plan

is not an appropriate basis from which

to judge the reasonableness of the

Chicago 15 percent plan's rule

effectiveness improvement credit. This

is because the two plans are based on

vastly different emission baselines (see

EPA's March 22, 1996, approval of the

Milwaukee 15 percent ROP plan (61 FR

11735)). There is significantly more

industrial activity and vehicle miles

traveled in the Chicago area compared

to the Milwaukee area, and,

correspondingly, control measures

implemented in the Chicago area

achieve a higher aggregate emission

reduction than similar control measures

in Milwaukee. The 1990 base-year

emission inventory for the Milwaukee

area is 559.9 TPD of VOC, while the

1990 inventory for the Chicago area is

1,363.4 TPD. The commenters note that

the emission reduction estimate for

improved rule effectiveness in Chicago

(26.3 TPD), is comparable with the

emission estimate of reformulated

gasoline in Milwaukee (34.06 TPD

accounting for both reformulated

gasoline and enhanced I/M). However,

the reformulated gasoline program in

Chicago alone secures a 112.79 TPD

emission reduction. Given this

disparity, the EPA finds the emission

reduction estimates in the Milwaukee

and Chicago 15 percent plans are

incomparable for purposes of the

determining the adequacy of either plan.

Finally, in regard to the commenters'

concern regarding non-CTG sources,

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EPA contacted IEPA to determine the

status of the FOIA request for a

complete list of non-CTG sources in the

Chicago area. IEPA has indicated that it

responded by sending two lists to

Citizens for a Better Environment, a

January 25, 1996, list of non-CTG

sources with Maximum Theoretical

Emissions (MTE) of 100 TPY of VOC

and above, and a May 16, 1996, list of

sources which emit greater than or equal

to 100 TPY of VOC. IEPA also provided

to the American Lung Association of

Metropolitan Chicago a list of non-CTG

sources with a Potential To Emit (PTE)

of greater than or equal to 25 TPY of

VOM, and Maximum Theoretical

Emissions (MTE) of less than 100 TPY

of VOC. These lists should have been

sufficient to meet the commenters'

requests. If the commenters' would like

additional information about these lists,

the commenters should contact the

IEPA.

C. Plant Closures

Comments: ALA et al indicated that it

is unclear how the emission reduction

credits associated with plant shutdowns

were calculated, and that Illinois should

receive only credit equal to the extra

emissions that were built into the 1996

projections specifically for the

individual facilities that have shut

down. The commenters also note that

EPA should make it clear that no

market-based credits can be attributed to

these shutdowns once the reductions

have been credited toward a SIP. This

prohibition should apply to New Source

Review (NSR) offset credits and any

credits or allowances that are transacted

as part of Illinois' proposed VOC cap

and trade program.

Response: Each plant shutdown

emission estimate represents the

projected 1996 VOC emission estimate

used in calculating the State's overall

emission reduction requirement under

the 15 percent plan. Section 182(b)(1)

requires the 15 percent emission

reduction to account for source growth,

so IEPA had factored into its 15 percent

calculation what emissions would be in

1996 had no 15 percent control

strategies occurred. (See Guidance for

Growth Factors, Projections, and

Control Strategies for the 15 Percent

Rate -of-Progress Plans for more detailed

discussion on the growth projection

requirement). Because IEPA used

projected 1996 emissions from the

closed plants when calculating the

emission reduction needed for 15

percent reduction, the IEPA claimed

those 1996 projections as creditable

emission reductions in the 15 percent

plan. The projected 1996 emissions

were calculated using EGAS growth

factors for specific emission units.

These same growth factors were used to

determine the plant closure emission

reductions. Therefore, Illinois has

received plant closure credit equal to

the emission projections built into the

15 percent requirement calculation.

As for the concern regarding the

double-counting of emission reductions

from plant closures in other VOC

control programs, the State's NSR rules

prohibit source closure reductions

which are credited toward ROP to be

used to meet NSR offset requirements.

Illinois adopted a VOC trading program

on November 20, 1997, as part of its

post-1996 ROP plan. Under the rules, no

shutdown emissions reduction claimed

in the 15 percent plan can be used as

credits in the trading program.

D. Stage II Gasoline Vapor Recovery

Comments: A comment from a citizen

indicates that emission reductions

associated with the Stage II vapor

recovery rule are being overestimated

because of low levels of cooperation

with the rule. This comment was made

based on visits to five gasoline

dispensing stations in the Chicago

nonattainment area and finding four of

the stations have either "no controls" or

"breaks in the existing controls."

Specifically, out of the five stations the

commenter visited, the commenter

contends that one station has all boots,

one station has "no vapor controls," one

station has "no boots," and two stations

have "some broken or missing boots."

Response: The IEPA has indicated

that the four stations in question have

been inspected according to an annual

inspection schedule and use Stage II

equipment which do not need boots to

work effectively. The "boot" the

commenter refers to is the device used

in conjunction with a particular Stage II

control system called the "vapor

balance system." The vapor balance

system collects vapors by using the

displacement pressure between the

vehicle tank and the station's

underground tank during vehicle

refueling. For the vapor balance system

to work effectively, a tight seal must be

made at the interface between the

gasoline dispensing nozzle and the

vehicle fuel inlet. The boot, or bellow,

is the device fitted onto the nozzle

which creates the tight seal during

refueling.

Another type of Stage II system,

known as a "vacuum assist system"

draws in vapors during refueling by

using a vacuum-generating device.

Because of this design, vacuum assist

systems can recover vapors effectively

without a tight seal at the nozzle/

fillpipe interface. Therefore, boots are

not needed for assist systems, and the

lack of a boot is by itself no indication

that the gasoline dispensing nozzle has

no Stage II control.

The four stations considered by the

commenter to be out of compliance are

all registered with the IEPA to use

vacuum assist systems, while the one

station considered by the commenter to

be in compliance uses a vapor balance

system. The commenter apparently

assumes that all Stage II systems utilize

balance systems with booted nozzles

and used their existence as evidence of

a Stage II vapor recovery system, or

more importantly, that their absence

indicates no vapor recovery system.

Both vapor balance and vacuum assist

systems are required under Illinois'

Stage II rules to be certified by CARB to

have a 95 percent control efficiency.

The IEPA has conducted inspections of

the five stations between December

1996 and January 1997, in accordance

with an annual Stage II inspection

program, and has found that all five

stations use Stage II equipment which

meet the CARB certification

requirement. Therefore, unless the IEPA

discovers compliance violations at the

stations at future inspections, the EPA

assumes the stations to be in

compliance with Stage II controls.

In addition, it should be noted that

the IEPA has built into its Stage II

emission reduction estimates the

assumption that not all gasoline

dispensing stations in the Chicago

nonattainment area may be in

compliance at all times; malfunctions in

the Stage II equipment can occur.

Therefore, IEPA used EPA guidance to

determine the in-use efficiency of its

overall Stage II program. (See

"Technical Guidance-Stage II Vapor

Recovery Systems for Control of Vehicle

Refueling Emissions at Gasoline

Dispensing Stations," November 1991).

Under the Technical guidance, the

State's throughput exemption level of

10,000 gallons per month, combined

with an annual inspection frequency

yields a program efficiency of 84

percent. Illinois has applied the in-use

efficiency of 84 percent when

calculating the emission reduction

estimate for this source category.

Because the four stations the

commenter believed to be out of

compliance use Stage II equipment

which were found to be in compliance

at the time of the most recent IEPA

inspection, and that equipment

malfunctions are taken into account in

IEPA's emission reduction estimate for

the Stage II program, the EPA finds

IEPA's estimate of Stage II emission

reductions is reliable.

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IV. EPA Rulemaking Action

The EPA is approving, through final

rulemaking action, Illinois' 15 percent

ROP and 3 percent contingency plan SIP

revisions for the Chicago and Metro-East

St. Louis ozone nonattainment areas,

and the Metro East St. Louis TCM work

trip reductions; transit improvements;

and traffic flow improvements.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Act do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the Act, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. EPA., 427

U.S. 246, 256-66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

undertake various actions in association

with any proposed or final rule that

includes a Federal mandate that may

result in estimated costs to state, local,

or tribal governments in the aggregate;

or to the private sector, of $100 million

or more. This Federal action approves

pre-existing requirements under state or

local law, and imposes no new

requirements. Accordingly, no

additional costs to state, local, or tribal

governments, or the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today's Federal Register. This rule is

not a "major rule" as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by February 17, 1998. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Ozone.

Dated: December 5, 1997.

Michelle D. Jordan,

Acting Regional A dm inistrator.

For the reasons stated in the

preamble, part 52, chapter I, title 40 of

the Code of Federal Regulations is

amended as follows:

PART 52-[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart O-Illinois

2. Section 52.726 is amended by

adding paragraphs (p), (q), and (r) to

read as follows:

§52.726 Control Strategy: Ozone.

(p) Approval-On November 15,

1993, Illinois submitted 15 percent rateof-progress and 3 percent contingency

plans for the Chicago ozone

nonattainment area as a requested

revision to the Illinois State

Implementation Plan. These plans

satisfy sections 182(b)(1), 172(c)(9), and

182(c)(9) of the Clean Air Act, as

amended in 1990.

(q) Approval-On November 15, 1993,

Illinois submitted 15 percent rate-ofprogress and 3 percent contingency

plans for the Metro-East St. Louis ozone

nonattainment area as a requested

revision to the Illinois State

Implementation Plan. These plans

satisfy sections 182(b)(1) and 172(c)(9)

of the Clean Air Act, as amended in

1990.

(r) Approval-On November 15, 1993,

Illinois submitted the following

transportation control measures as part

of the 15 percent rate-of-progress and 3

percent contingency plans for the

Metro-East ozone nonattainment area:

Work trip reductions; transit

improvements; and traffic flow

improvements.

[FR Doc. 97 32641 Filed 12 17 97; 8:45 am]

BILLING CODE 6560-50-U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97-195; RM-9126]

Radio Broadcasting Services; Haiku,

HI

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

293C to Haiku, Hawaii, as that

community's first local FM transmission

service, in response to a petition for rule

making filed on behalf of Native

Hawaiian Broadcasting. See 62 FR

47786, September 11, 1997. Coordinates

used for Channel 293C at Haiku,

Hawaii, are 20-55-03 and 156-19-33.

With this action, the proceeding is

terminated.

DATES: Effective January 26, 1998. A

filing window for Channel 293C at

Haiku, Hawaii, will not be opened at

this time. Instead, the issue of opening

a filing window for this channel will be

addressed by the Commission in a

subsequent Order.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418-2180. Questions related to the

window application filing process

66294 Federal Register / Vol. 62,

HeinOnline -- 62 Fed. Reg. 66294 1997