[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29144]
[[Page Unknown]]
[Federal Register: November 25, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[IL80-2-6784; FRL-5113-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Illinois
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The United States Environmental Protection Agency (USEPA)
proposes to approve a State Implementation Plan (SIP) request to
redesignate the Jersey County, Illinois ozone nonattainment area to
attainment. The USEPA is also approving the accompanying maintenance
plan as an SIP revision. The redesignation request and maintenance plan
were submitted by the Illinois Environmental Protection Agency (IEPA)
on November 12, 1993. The State has met the requirements for
redesignation contained in the Clean Air Act (Act), as amended in 1990.
The redesignation request is based on ambient monitoring data that show
no violations for the ozone National Ambient Air Quality Standard
(NAAQS) during the three-year period from 1990 through 1992.
DATES: Comments on this SIP revision request and on USEPA's proposed
rulemaking action must be received by December 27, 1994.
ADDRESSES: Written comments should be addressed to: J. Elmer Bortzer,
Chief, Regulation Development Section (AR-18J), Regulation Development
Branch, Air and Radiation Division, United States Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Regulation Development
Section (AR-18J), Regulation Development Branch, Air and Radiation
Division, United States Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312)
886-6057.
SUPPLEMENTARY INFORMATION: On November 12, 1993, the IEPA submitted a
redesignation and maintenance plan for Jersey County as a requested
revision to the Illinois State Implementation Plan (SIP). The IEPA has
requested that Jersey County be redesignated to attainment for ozone.
On November 6, 1991 (56 FR 56694), the USEPA formally designated
Jersey County as a marginal ozone nonattainment area. This
classification and designation was based on a monitored violation of
the ozone National Ambient Air Quality Standard (NAAQS) in Jersey
County in 1988.
Jersey County is a rural county located approximately 25 miles
north of St. Louis, Missouri. Based on the 1990 census, the population
of Jersey County is 20,539, with the largest urban population being
that of Jerseyville, with a population of approximately 8,000.
I. USEPA Redesignation Policy
The Act's requirements for redesignation to attainment are
contained in section 107(d)(3)(E). These requirements and other USEPA
redesignation requirements are discussed in a September 4, 1992,
memorandum from the Director of the Air Quality Management Division,
Office of Air Quality Planning and Standards, to Directors of Regional
Air Divisions. As outlined in this memorandum, section 107(d)(3)(E)
requires that the following conditions be met for redesignation to
attainment:
1. The USEPA must determine that the area subject to the
redesignation request has attained the NAAQS;
2. The USEPA must have fully approved the applicable SIP for the
subject area under section 110(k) of the Act;
3. The USEPA must determine that the improvement in air quality in
the area is due to permanent and enforceable reductions in emissions
resulting from the implementation of the applicable SIP, Federal air
pollution control regulations, and other federally enforceable emission
reductions;
4. The USEPA must have fully approved a maintenance plan for the
area as meeting the requirements of section 175A of the Act; and
5. The State must have met all requirements applicable to the area
under section 110 and part D of the Act.
To demonstrate that the area has attained the ozone NAAQS, the
State must show that the ozone data in the area do not exhibit
violation of the NAAQS at any monitoring site in the area during the
most recent three years of monitoring at the sites. In accordance with
40 CFR part 50.9, the annual average number of expected exceedances of
the ozone standard (0.12 parts per million [ppm], one-hour averaged) at
any monitor cannot exceed 1.0 during the three year period. The data
used in this demonstration must be quality assured, in accordance with
40 CFR part 58, and collected in accordance with 40 CFR part 50,
appendix H. The data should be recorded in USEPA's Aerometric
Information Retrieval System (AIRS).
The SIP for the area must be fully approved under section 110(k) of
the Act and must satisfy all requirements that apply to the area. These
requirements include new requirements added by the 1990 amendments to
the Clean Air Act. The State must meet all requirements of section 110
and part D of the Act that were applicable prior to the submittal of
the complete, finally adopted redesignation request. (It should be
noted that, based on section 175A of the Act, other requirements of
part D of the Act remain in effect until the USEPA approves the
maintenance plan and the redesignation to attainment. If the USEPA
disapproves the request to redesignate an area to attainment, these
requirements remain in effect with no delay.) A SIP which meets the
pre-redesignation request submittal requirements must be fully approved
by the USEPA prior to USEPA's approval of the redesignation of the area
to attainment of the NAAQS. The requirements of title I of the Act,
which includes section 110 and part D of the Act, are discussed in the
April 16, 1992, General Preamble to Title I (57 FR 13498).
The State must be able to reasonably attribute the improvements in
air quality to permanent and enforceable emission reductions.
Attainment resulting from temporary emission reductions or from
temporary favorable (not conducive to high ozone concentrations)
meteorology would not qualify as a permanent air quality improvement.
The State should demonstrate that the emission reductions from a past
high ozone period (generally the year or period for which the area's
ozone classification design value was determined, 1988 for Jersey
County) to the period of attainment were due to the implementation of
permanent and enforceable emission control measures and were sufficient
to explain the attainment of the ozone NAAQS.
Prior to the redesignation of an area to attainment, the USEPA must
fully approve a maintenance plan (as a SIP revision) which meets the
requirements of section 175A of the Act. The maintenance plan must
provide for maintenance of the NAAQS attainment in the area for at
least 10 years after the USEPA approval of the redesignation request.
The maintenance plan must contain additional emission control measures
as necessary to assure maintenance of the NAAQS (generally this means
maintaining the precursor emissions at or below the attainment year
levels). The Act also requires (section 175A(b)) a second SIP revision
8 years after an area is redesignated to attainment to assure
maintenance of the NAAQS for an additional 10 years beyond the first 10
year maintenance period.
The maintenance plan must contain such contingency measures as the
USEPA deems necessary to ensure prompt correction of any violation of
the NAAQS occurring after the area is redesignated to attainment or
exceedance of other triggering levels, such as emissions exceeding
attainment levels (this could be caused by emission increases not
anticipated in the maintenance plan).
At a minimum, the maintenance plan should contain the following
elements:
1. Attainment Inventory
The State must develop an emissions inventory for the initial
period of attainment to identify the level of emissions which is
associated with attainment of the NAAQS. This emissions inventory must
be consistent with USEPA's most recent guidance on preparation and
documentation of emission inventories. The emissions inventory should
be based on actual, typical summer weekday emissions of ozone
precursors (Volatile Organic Compounds [VOC], Oxides of Nitrogen
[NOX], and Carbon Monoxide [CO]).
2. Maintenance Demonstration
A State may generally demonstrate maintenance of the NAAQS by
either showing that future emissions of the ozone precursors will not
exceed the levels of the emissions in the attainment inventory or by
modeling to demonstrate that the future mix of sources and emission
rates will not cause a violation of the NAAQS. The maintenance plan
should be based on the same type and level of modeling used to
demonstrate attainment of the NAAQS in the SIP. Regardless of which
approach is used, the State must project the emissions for the 10 year
period following the anticipated time of the USEPA approval of the
redesignation request (the State should assume that the USEPA will take
two years to complete the rulemaking on the redesignation request). The
projected emissions must reflect the expected actual emissions based on
enforceable emission rates and typical source activity rates, such as
production rates, adjusted for expected source growth. Projected
emission reductions must reflect the impacts of permanent, enforceable
emission control measures. The assumptions of emission reductions and
source growth and techniques used to project the emissions must be
clearly documented.
3. Monitoring Network
The maintenance plan must contain provisions for the continued
operation of ozone air quality monitors in the area to be redesignated.
This is needed to provide verification of the maintenance of the NAAQS
attainment, and is also needed to provide triggering data for the
activation of contingency measures in the event of a future violation
or exceedance of the NAAQS (the State may choose to activate some
contingency measures when the NAAQS is simply exceeded but not yet
violated to prevent future NAAQS violations).
4. Verification of Continued Attainment
The State must assure that it has the legal authority to implement
and enforce all measures necessary to attain and maintain the NAAQS. In
addition, the maintenance plan must indicate how the State will track
the progress and success of the maintenance plan. This includes
tracking air quality levels and emissions.
5. Contingency Plan
Section 175A of the amended Act requires that a maintenance plan
include contingency provisions, as necessary, to promptly correct any
violation of the NAAQS that occurs after the redesignation of an area
to attainment. For the purposes of section 175A, a State is not
required to fully adopt contingency measures that will take effect
without further action by the State. The contingency plan, however, is
considered to be an enforceable part of the SIP and must ensure that
the contingency measures will be adopted and implemented expeditiously
after they are triggered. The plan must clearly identify the measures
that will be considered for adoption, a schedule and procedure for
their adoption and implementation, and a specific time limit for action
by the State. The plan must also identify the specific indicators or
triggers that will be used to determine when the contingency measures
will be required.
II. Summary of the Illinois Redesignation Submittal
Summarized below are the contents of the Illinois redesignation
request and maintenance plan.
A. Monitored Attainment of the NAAQS
During the period of 1990 through 1992 (the three year period
covered by the redesignation request), two exceedances of the ozone
standard, 0.127 ppm and 0.125 ppm, were monitored in Jersey County,
with both exceedances recorded in 1990. The expected ozone standard
exceedance rate for the 1990-1992 period was 0.67 exceedance per year.
This is in contrast to seven ozone standard exceedances, with a peak
ozone concentration of 0.128 ppm, monitored in 1988, when ozone
monitoring was initiated in Jersey County. The IEPA has quality assured
the 1990-1992 ozone data for Jersey County and has entered these data
into AIRS.
As a check on the continued attainment of the NAAQS in Jersey
County, one may also consider the 1993 peak ozone concentrations (not
addressed in the Illinois redesignation request, but registered in
AIRS). Two exceedances of the ozone standard, 0.135 ppm and 0.127 ppm,
were monitored in Jersey County in 1993. The 1991 through 1993 data
continue to show attainment of the ozone NAAQS, with an annual average
expected exceedance rate of 0.67.
These data show that attainment of the ozone NAAQS has been
monitored in Jersey County based on the most recent quality assured air
quality data available.
B. Meeting Applicable Requirements of Section 110 and Part D
Until 1991 and prior to the 1990 amendment of the Act, Jersey
County had been designated as attainment for ozone. The only ozone
precursor emission control regulations covering Jersey County were
statewide Reasonably Available Control Technology (RACT) regulations
and Prevention of Significant Deterioration (PSD) regulations covering
the growth of new or existing sources. The USEPA has promulgated PSD
regulations for Illinois, which have been delegated to the State for
implementation. The USEPA has previously approved Illinois' RACT
regulations covering Jersey County.
The IEPA certifies that all RACT controls required in Jersey County
have been implemented and will remain in effect after the redesignation
of the County to attainment. These rules will remain in effect until
the State demonstrates to the USEPA's satisfaction that the ozone
standard can be maintained without one or more of the controls.
Title 40 CFR part 52, subpart O, section 52.722, evidences that the
Illinois SIP was approved under section 110 of the Act and that the
USEPA found that the SIP satisfied all part D, title I (as amended in
1977), requirements. The 1990 Act amendments, however, modified section
110(a)(2) and under part D, revised sections 172 and 182 adding new
requirements for all nonattainment areas. Therefore, for purposes of
redesignation, to satisfy the requirement that the SIP meet all
applicable requirements under the Act, USEPA has reviewed the SIP to
ensure that it contains all measures and information that were due
under the Act, as amended in 1990, prior to or at the same time
Illinois submitted the redesignation request as considered here. The
USEPA interprets section 107(d)(3)(E)(V) of the Act to mean that, for a
redesignation request to be approved, the State must have met all
requirements that applied to the subject area prior to and at the same
time of the submission of the complete redesignation request.
B.1. Section 110 Requirements
Although section 110 of the Act was amended in 1990, the Illinois
SIP addressing the Jersey County area meets the requirements of section
110(a)(2). A number of the requirements in section 110(a)(2) did not
change in substance and, therefore, USEPA believes that the pre-
amendment SIP meets these requirements. As to those requirements that
were amended (57 FR 27936 and 23939, June 23, 1993), many duplicate
other requirements of the Act and are addressed below.
B.2. Part D Requirements
Before Jersey County can be redesignated to attainment, the area
and its associated SIP must meet the applicable requirements of part D.
Under part D, an area's classification indicates the requirements to
which it will be subject. Subpart 1 of part D sets forth the basic
requirements applicable to all nonattainment areas. Subpart 2 of part D
establishes additional requirements for nonattainment areas classified
in table 1 of section 181(a) of the Act. As described in the April 16,
1992, General Preamble for the Implementation of Title I, specific
requirements of subpart 2 may override Subpart 1's general provisions
(57 FR 13501). On November 6, 1991, Jersey County was classified as a
marginal ozone nonattainment area (56 FR 56694). Therefore, in order to
be redesignated to attainment, the State, for Jersey County, must meet
the applicable requirements of subpart 1 of part D, as well as the
applicable requirements of subpart 2 of part D as they pertain to
marginal ozone nonattainment areas.
B.2.a. Subpart 1 of Part D--Section 172(c) Provisions
Section 172(c) sets forth general requirements applicable to all
nonattainment areas. Under section 172(b), the section 172(c)
requirements are applicable on a schedule as determined by the
Administrator, but no later than three years after an area has been
designated as nonattainment under the amended Act. With the exception
of requirements for which subpart 2 established SIP submission dates
for corollary requirements prior to November 12, 1993 (which are
discussed below), the requirements of section 172(c) were not
applicable to ozone nonattainment areas on or before November 12, 1993,
the date on which the State of Illinois submitted the complete
redesignation request for Jersey County. Therefore, these requirements,
including those of sections 172(c)(2) and 172(c)(9) are not applicable
requirements for purposes of evaluating this redesignation request.
With respect to the requirement of section 172(c)(1) concerning the
adoption of RACT, the USEPA notes that, as discussed elsewhere in this
action, Illinois has completed the adoption of stationary source RACT
rules statewide, the USEPA has approved these rules in prior
rulemaking, and has found no deficiencies in the rules for Jersey
County. In addition, the USEPA notes that, with respect to Jersey
County, no additional RACT controls beyond the RACT rules already
covered in the SIP are necessary or were required at the time of the
submission of the redesignation request.
With respect to the emissions inventory requirement of section
172(c)(3), the USEPA notes that the State of Illinois has developed and
submitted the required emissions inventory, which section 182(a)(1)
required to be submitted by November 15, 1992. This emissions inventory
has been the subject of separate review and rulemaking by the USEPA.
EPA expects to take final action approving the emissions inventory
before the USEPA takes final action approving the redesignation request
for Jersey County. The emissions inventory must be approved for EPA to
take final action approving this redesignation request.
As for the section 172(c)(5) New Source Review (NSR) requirement,
once an area is redesignated to attainment this requirement is no
longer applicable. The area then becomes subject to prevention of
significant deterioration (PSD) requirements in lieu of the part D NSR
program. Under USEPA policy described in a Memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation, dated October
14, 1994, and area need not comply with the NSR requirement of section
172(c) to be redesignated if it is demonstrated that the area will
continue to maintain the ozone standard without a part D NSR program in
place. As the State of Illinois has demonstrated the maintenance of the
standard will occur without a part D NSR program (see discussion below)
and PSD requirements will apply, the lack of fully-approved part D NSR
rules applicable to Jersey County does not preclude the redesignation
of Jersey County.
The requirements of section 172(c) are discussed below along with
their relevancy to the redesignation request at hand:
(1) Section 172(c)(1) of the Act requires SIPs to provide for all
Reasonably Available Control Measures (RACM) as expeditiously as
practicable and to provide for attainment of the NAAQS. As discussed
elsewhere in this action, Illinois has completed the adoption of
stationary source RACT rules statewide. The USEPA has approved these
statewide RACT rules in prior rulemaking and has found no deficiencies
in the rules for Jersey County.
In addition, the USEPA notes that, with respect to Jersey County,
no additional RACM controls beyond the RACT rules already covered in
the SIP are necessary upon redesignation to attainment. The April 16,
1992, General Preamble to the Implementation of Title I (57 FR 13560)
explains that section 172(c)(1) requires the plans for all
nonattainment areas to provide for the implementation of RACM as
expeditiously as practicable. The USEPA interprets this requirement to
impose a duty on all nonattainment areas to consider all available
control measures and to adopt and implement such measures as are
reasonably available for implementation in the area's attainment
demonstration. Because attainment has been reached in Jersey County, no
additional measures are needed to provide for attainment.
(2) Section 172(c)(2) requires the SIP to provide for Reasonable
Further Progress (RFP) towards attainment of the NAAQS. This
requirement only has relevance during the time it takes the area to
attain the NAAQS. Because Jersey County has already attained the NAAQS,
the SIP has already achieved the necessary RFP towards attainment of
the NAAQS.
(3) Section 172(c)(3) requires the SIP to contain a comprehensive,
accurate, current inventory of actual emissions from all sources of the
relevant pollutants. The State of Illinois has developed and submitted
the required emissions inventory for Jersey County. This emissions
inventory has been the subject of separate review and rulemaking by the
USEPA. The approval of the emissions inventory is expected to be (and
must be) finalized before the USEPA takes action to approve in final
the redesignation of Jersey County to attainment for ozone.
(4) Section 172(c)(4) requires the SIP to identify and quantify the
emissions which will be allowed to result from the construction of
major new or modified stationary sources in the ozone nonattainment
areas. Although the USEPA has not approved Illinois' NSR regulations,
it should be noted that once an area is redesignated to attainment,
nonattainment NSR requirements are not generally applicable. The
redesignated area becomes subject to PSD requirements instead of the
NSR requirements. The USEPA has promulgated acceptable PSD regulations
for Illinois and has delegated the implementation of these regulations
to the State. It should be noted, however, that until the USEPA
officially redesignates Jersey County to attainment for ozone, sources
seeking permits for major modifications or major source construction
must be addressed through a new source review acceptable to the USEPA.
(5) Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, the USEPA believes
that the Illinois SIP meets the requirements of section 110(a)(2).
(6) Section 172(c)(9) requires the SIP to contain contingency
measures to be undertaken if an area fails to make RFP or fails to
attain the NAAQS. Since Jersey County has attained the NAAQS, the
section 172(c)(9) contingency measure requirements are not applicable
unless the redesignation request and maintenance plan are not fully
approved. It should be noted that section 175A contingency measures
apply to areas that are redesignated to attainment.
B.2.b. Other Part D Requirements
Below is a summary of Illinois' compliance with the part D
requirements for marginal ozone nonattainment areas, such as Jersey
County.
(1) Submittal of a Comprehensive Base Year Emissions Inventory.
Section 182(a)(1) of the Act requires the State to submit a
comprehensive, accurate, current inventory of actual emissions from all
sources of ozone precursors. As noted above, Illinois has submitted a
final, adopted 1990 base year emissions inventory and associated
documentation for Jersey County. This emissions inventory is being
reviewed in a separate rulemaking action. A Technical Support Document
(TSD) recommending approval of this emissions inventory has been
prepared to support a direct final rulemaking on this emissions
inventory. This emissions inventory must be approved in final
rulemaking before the USEPA can approve the redesignation of Jersey
County in final rulemaking.
(2) Emission Statement SIP Revision. Section 182(a)(3)(B) of the
Act requires the State to submit a SIP revision to require stationary
sources of VOC or NOX to annually submit statements of emissions
from the sources. Illinois has submitted this SIP revision. A final
USEPA rulemaking approving this SIP revision was published on September
9, 1993 (58 FR 47379).
(3) New Source Review Regulations. Section 182(a)(2)(C) of the Act
requires the State to submit a SIP revision to: (a) require source
permits in accordance with sections 172(c)(5) and 173 of the Act for
the construction and operation of each new or modified major source
(with respect to the emissions of ozone precursors); and (b) correct
requirements in the existing SIP concerning permit programs as were
required under section 172(b)(6) of the pre-1990 Act to comply with
regulations promulgated by the USEPA prior to the 1990 amendment of the
Act. Illinois has submitted a SIP revision request to comply with the
requirements of section 182(a)(2)(C). The USEPA has reviewed this SIP
revision request and has proposed to approve it (September 23, 1994, 59
FR 48839). Although the USEPA has not taken final rulemaking Action on
this SIP revision, it should be noted that the USEPA does not consider
compliance with these requirements to be a prerequisite to the
redesignation or an area to attainment of the ozone NAAQS. The USEPA
believes that the applicability of the part C PSD program to
maintenance areas makes it unnecessary to require that an area have
obtained full approval of NSR regulations required by part D of the Act
in order to be redesignated. The USEPA believes that this
interpretation of the Act is appropriate notwithstanding the
requirement in section 175A(d) that the contingency provisions of a
maintenance plan include a commitment on the part of the State to
implement all measures to control the relevant air pollutant that were
contained in the SIP prior to redesignation. The term ``measure'' is
not defined in section 175A(d) and it appears that Congress utilized
the terms ``measure'' or ``control measure'' differently in different
provisions of the Act that concern the PSD and NSR permitting programs.
Compare section 110(a)(2) (A) and (C) with section 161. In light of
this ambiguity in the use of the term ``measure,'' USEPA believes that
the term ``measure'' as used in section 175A(d) may be interpreted so
as not to include NSR permitting programs. That this is an appropriate
interpretation is further supported by USEPA's historical practice,
dating before the amended Act, of not requiring redesignating areas to
demonstrate through modeling or to otherwise justify replacing the
nonattainment area NSR program with the PSD program once the areas were
redesignated. Rather, the USEPA has historically allowed the NSR
programs to be automatically replaced by the PSD programs upon
redesignation.
(4) RACT corrections. Section 182(a)(2)(A) of the Act requires the
State to correct deficiencies in the State's RACT regulations noted by
the USEPA prior to the amended Act. The State notes that no
deficiencies were noted for the RACT regulations applicable to Jersey
County. Therefore, RACT corrections are not an issue for the Jersey
County redesignation.
(5) Conformity of federal actions with the SIP. Section 176(c) of
the Act requires the States to revise their SIPs to establish criteria
and procedures to ensure that Federal actions, before they are taken,
conform to the air quality planning goals in the applicable SIPs. The
requirement to determine conformity applies to transportation plans,
programs and projects developed, funded or approved under Title 23
U.S.C. or the Federal Transit Act (``transportation conformity''), as
well as to all other Federal actions (``general conformity''). Section
176 further provides that the conformity revisions to be submitted by
the States be consistent with Federal conformity regulations that the
Act required USEPA to promulgate. Congress provided for the State
revisions to be submitted one year after the date for promulgation of
final USEPA conformity regulations. When that date passed without such
promulgation, USEPA's General Preamble for the Implementation of Title
I informed the States that its conformity regulations would establish a
submittal date (see 57 FR 13498, 13557, April 16, 1992).
The USEPA promulgated final transportation conformity regulations
on November 24, 1993, (58 FR 62188) and general conformity regulations
on November 30, 1993, (58 FR 63214). These conformity regulations
require the States to adopt both transportation and general conformity
provisions in the SIPs for areas designated nonattainment or subject to
a maintenance plan approved under section 175A of the Act. Pursuant to
section 51.396 of the transportation conformity rule and section 51.851
of the general conformity rule, the State of Illinois is required to
submit a SIP revision containing transportation conformity criteria and
procedures consistent with those established in the Federal rule by
November 25, 1994. Similarly, the State of Illinois is required to
submit a SIP revision containing general conformity criteria and
procedures consistent with those established in the Federal rule by
December 1, 1994. Because the deadlines for these submittals have not
yet come due, they are not applicable requirements under section
107(d)(3)(E)(V) and, thus, do not affect approval of the redesignation
request. It should be noted, however, that regardless of the attainment
status of Jersey County, Illinois is obligated under the transportation
conformity rule and under the general conformity rule to submit the
conformity SIP revisions, including revisions covering Jersey County by
the deadlines discussed here. Therefore, the attainment status of
Jersey County should not be an issue in this case. It is further noted
that the Illinois redesignation request for Jersey County indicates
that the State of Illinois will submit a SIP revision to meet USEPA's
conformity requirements after Illinois has had sufficient time to
review and act on USEPA's final conformity regulations.
C. Improvement of Air Quality Due to Permanent and Enforceable Emission
Reductions
The IEPA notes, on the basis of relative emissions and on the basis
of the meteorology leading to high ozone concentrations in Jersey
County, that the high ozone concentrations observed in Jersey County in
1988 were due to ozone precursor emissions in the St. Louis/Metro-East
St. Louis ozone nonattainment area. For example, the IEPA notes that
the 1990 summertime VOC emissions in Jersey County were only 20 tons
per day while the VOC emissions in the St. Louis/Metro-East St. Louis
ozone nonattainment area were 922 tons per day. Given the proximity of
the St. Louis/Metro-East St. Louis ozone nonattainment area, the
dominance of ozone precursor emissions from that area compared to those
from Jersey County, and the meteorology of peak ozone days in Jersey
County (winds are predominately from the southeast through southwest on
these days placing Jersey County immediately downwind of the St. Louis/
Metro-East St. Louis area), one can see that the ozone precursor
emissions in the St. Louis/Metro-East St. Louis area are the likely
source of the high ozone concentrations in Jersey County.
Between 1987 and 1990, the following VO emission control measures
were implemented in the Metro-East St. Louis area: (1) reduction in
fuel volatility (Reid Vapor Pressure [RVP]) from 11.2 pounds per square
inch (psi) to 9.0 psi; (2) continued implementation of the Federal
Motor Vehicle Emission Control Program (FMVCP); (3) basic vehicle
Inspection and Maintenance (I/M); and (4) RACT. In Jersey County, the
following VOC emission control measures were implemented between 1987
and 1990: (1) reduction in fuel RVP from 11.2 psi to 9.5 psi; (2)
continued implementation of the FMVCP; and (3) RACT on major sources.
These emission control programs produced real and permanent decreases
in VOC emissions and are responsible for the attainment of the ozone
NAAQS in Jersey County.
The largest emission reductions have occurred for mobile sources
and gasoline related evaporative emissions, which are a significant
portion of the total VOC emissions for the St. Louis/Metro-East St.
Louis and Jersey County areas. Mobile source emissions decreased
approximately 25 percent between 1987 and 1990, and gasoline
evaporative emissions decreased approximately 10 percent in the same
time period.
D. Maintenance Plan
The following summarizes Illinois' maintenance plan for Jersey
County:
(1) Emission certification and tracking. The IEPA will continue to
inventory ozone precursor emissions in Jersey County and will make
periodic updates in the emissions inventory consistent with the
requirements of the Act. The IEPA will track Jersey County emissions to
ensure that significant increases in emissions are identified and
evaluated for possible air quality impacts. If significant negative air
impacts are indicated, appropriate regulatory action will be initiated.
(2) Maintenance of existing control programs. The IEPA commits to
continue enforcement of all State-adopted emission control measures
included in the Illinois SIP. This will include review and issuance of
stationary source permits and inspection of emission sources consistent
with the USEPA-approved Illinois program plan. This commitment insures
that future VOC emission levels will not exceed current levels in
Jersey County.
(3) Compliance with Act requirements for the Metro-East St. Louis
area. The IEPA notes that the Act requires the St. Louis/Metro-East St.
Louis ozone nonattainment area to achieve additional VOC emission
reductions beyond the current emission levels. For example, the area
will achieve an additional 15 percent VOC emission reduction from the
1990 emission level by 1996 as the result of Reasonable Further
Progress (RFP) requirements. Accounting for source growth and emission
reductions expected in the Metro-East St. Louis area through 2004, the
IEPA expects an 18 ton per day VOC emission reduction between 1990 and
2004 (ten years after the year in which the USEPA is expected to
approve the redesignation of Jersey County). This emission decrease
does not account for the additional emission reduction that will occur
in the St. Louis/Metro-East St. Louis area as a result of the attempt
to attain the ozone standard by 1996.
(4) Contingency measures. After Jersey County is redesignated to
attainment, the trigger for contingency measures will be a violation of
the ozone standard based on quality assured data and a notice from the
USEPA that the State of Illinois has failed to maintain the ozone
NAAQS. After these triggering conditions have occurred, the IEPA will
select the appropriate contingency measure(s) to prevent a violation of
the ozone standard from reoccurring. The State commits to apply such a
contingency measure within 18 months after the receipt of the
notification from the USEPA of the NAAQS violation (A time schedule for
the actions leading to the implementation of emission control measures
was not given in the maintenance plan. It is assumed that the State
will adopt necessary regulations earlier than 18 months, such that the
regulations can be implemented within the 18 month time period). The
contingency measure(s) to be considered will be selected from the
following list or from measures deemed appropriate and effective at the
time the control measure selection is actually made:
a. lower reid vapor pressure for gasoline
b. reformulated gasoline program
c. Stage I and breathing controls at gasoline service stations
d. Stage II vapor recovery controls at gasoline service stations
e. extended geographic coverage of existing control measures
f. requirements for RACT for existing source covered by USEPA Control
Technique Guidelines (CTGs) issued in response to the amended Act
g. application of RACT to non-major sources
h. implementation of one or more transportation control measures
sufficient to achieve at least a 0.5 percent reduction in Jersey County
VOC emissions. The transportation control measures will be selected
from the following:
i. trip reduction programs, including but not limited to employer-
based transportation management plans, areawide rideshare programs,
work schedule changes, and telecommuting
ii. transit improvements
iii. traffic flow improvements
iv. other transportation control measures in widespread use that
the State and local governments deem to be appropriate
i. alternative fuel programs for fleet vehicle operations
j. controls on consumer products consistent with those adopted
elsewhere in the United States
k. requirements for VOC emission offsets for new and modified major VOC
sources
l. requirements for VOC emission offsets for new and modified minor VOC
sources
m. increased ratio of emission offsets required for new sources; and
n. requirements for VOC controls on new minor sources.
The contingency measures may be considered for Jersey County or for
upwind areas whose emissions impact the air quality in Jersey County.
The selection of a particular contingency measure for implementation
will be based on VOC emission reduction potential, cost-effectiveness,
economic and social considerations, or other factors that the IEPA
deems to be appropriate.
(5) Emission control authority and additional commitments. The IEPA
certifies that it has the authority to continue the application of
existing emission control measures and additional emission control
measures if required.
The IEPA commits to continue monitoring of ozone in Jersey County
for the purposes of tracking continued maintenance of the ozone
standard attainment. Additionally, the IEPA commits to revise the
maintenance plan as necessary to comply with any subsequent USEPA
finding that the maintenance plan is inadequate to maintain attainment
of the ozone NAAQS (such a finding would be made by the USEPA if
subsequent violations of the ozone standard showed that the maintenance
plan is adequate to maintain attainment of the ozone standard or to
further lower emissions after a monitored violation of the ozone
standard) and to revise the maintenance plan in eight years in
compliance with section 175A of the Act.
(6) Demonstration of maintenance. To demonstrate maintenance of the
NAAQS, the IEPA has projected VOC, NOx, and CO emissions to 2004, ten
years after USEPA is expected to approve the redesignation of Jersey
County. Emission projections were based on methodology consistent with
USEPA guidelines. For stationary point sources, the IEPA used growth
factors obtained from Regional Economic Models, Incorporated (REMI)
using Illinois-specific data. Area source and off-highway emissions
were projected using population projections and other factors
consistent with the approach used to project emissions in the State's
15 percent rate of progress plan (currently under development). On-
highway emissions were projected assuming an annual growth rate of 2.5
percent as estimated by the Illinois Department of Transportation. On-
highway emissions were estimated using MOBILE5a.
Emission estimates for the attainment base year (1990), 2006, and
several interim years are given below:
VOC Emissions (Tons Per Day)
------------------------------------------------------------------------
1990 1995 2000 2004
------------------------------------------------------------------------
Point sources........................... 0.08 0.09 0.09 0.10
Area sources............................ 2.79 2.81 2.83 2.84
On-road mobile sources.................. 1.51 1.35 1.19 1.06
Off-road mobile sources................. 1.41 1.42 1.44 1.45
Biogenic sources........................ 14.65 14.65 14.65 14.65
-------------------------------
Total............................... 20.44 20.32 20.20 20.10
------------------------------------------------------------------------
NOX Emissions (Tons Per Day)
------------------------------------------------------------------------
1990 1995 2000 2004
------------------------------------------------------------------------
Point sources........................... 0.00 0.00 0.00 0.00
Area sources............................ 0.06 0.06 0.06 0.06
On-road mobile sources.................. 1.50 1.50 1.49 1.49
Off-road mobile sources................. 2.76 2.86 2.95 3.03
-------------------------------
Totals.............................. 4.32 4.42 4.50 4.58
------------------------------------------------------------------------
CO Emissions (Tons Per Day)
------------------------------------------------------------------------
1990 1995 2000 2004
------------------------------------------------------------------------
Point sources........................... 0.00 0.00 0.00 0.00
Area sources............................ 0.56 0.56 0.56 0.56
On-road mobile sources.................. 9.74 7.95 6.16 4.73
Off-road mobile sources................. 5.93 5.99 6.06 6.11
-------------------------------
Totals.............................. 16.23 14.50 12.78 11.40
------------------------------------------------------------------------
The IEPA believes the decrease in VOC and CO emissions and
relatively constant NOX emissions (the small increase in NOX
emissions between 1990 and 2004 is viewed by the IEPA to be
inconsequential with respect to ozone concentration changes) between
1990 and 2004 demonstrates the maintenance of the ozone NAAQS for the
required ten year maintenance period.
It should be noted that the interim year emissions above were
determined by the USEPA based on discussions with the IEPA. The USEPA
and IEPA agreed that the interim year emission estimates should be
based on linear interpolation between the 1990 and 2004 emission
estimates. This is consistent with the source growth estimation
procedure used by the State to estimate the 2004 emission levels, and
USEPA believes that this method is appropriate and reasonable for
estimating the interim year emissions. The USEPA believes that this
method provides reasonable estimates of the emission levels in those
years and does not underestimate those emissions. The interim year
estimates support the IEPA's conclusion that the ozone NAAQS should be
maintained in Jersey County for the period between 1990 and 2004.
III. USEPA Analysis of Redesignation Request
1. Monitored Attainment of the NAAQS
The IEPA has collected quality assured ozone data showing
attainment of the ozone standard at all monitoring sites during the
most recent three years of monitoring. These data are recorded in AIRS.
2. Approved State Implementation Plan
Jersey County is covered by a SIP approved by the USEPA under
section 110 and part D of the Act. Illinois has implemented this SIP.
The implementation of this SIP included the adoption and implementation
of USEPA approved RACT regulations and other required reasonably
available control measures required by the pre-1990 Act.
Illinois has complied with the amended Act. Illinois has submitted
a 1990 base year emissions inventory for VOC, CO, and NOX
emissions. This emissions inventory appears to be acceptable, and must
be approved in final before the USEPA can approve the redesignation of
Jersey County to attainment for ozone. The emission inventory is the
subject of a separate rulemaking action. Illinois has also submitted a
SIP revision requiring annual emission statements from major sources
and the SIP was approved by USEPA on September 9, 1993, (See 58 FR
47379).
As noted above, although Illinois' NSR regulations have not been
approved by the USEPA, the USEPA does not consider this to be
reasonable basis for disapproving Illinois' redesignation request since
PSD requirements will replace NSR after Jersey County has been
redesignated to attainment. Until such time, addition of major new
sources or major modification of existing ozone precursor sources must
be covered NSR permits acceptable to both the State of Illinois and the
USEPA.
Lack of adopted mobile source conformity regulations is
inconsequential since such regulations are required whether Jersey
County is designated as nonattainment or attainment for ozone.
3. Improvement of Air Quality Due to Permanent Emission Reductions
Implementation of VOC emission controls in Jersey County and in the
St. Louis/Metro-East St. Louis ozone nonattainment areas has led to
permanent, enforceable emission reductions which can explain the
observed improvement in ozone levels in Jersey County.
4. Maintenance Plan
The contingency portion of the maintenance plan was found to be
acceptable. In addition, an acceptable demonstration of maintenance for
Jersey County has been made through emission projections to 2004.
One issue concerning the contingency measures, however, must be
noted. As discussed above, Illinois has chosen to include the
implementation of tighter gasoline RVP (requiring lower RVP)
requirements as a contingency measure. At the same time Illinois was
finalizing its maintenance plans, the USEPA issued new guidance
concerning the use of lower RVP as contingency measures in maintenance
plans. This new guidance was provided in a November 8, 1993, memorandum
from Michael Horowitz, Office of General Counsel, to Directors of Air
and Radiation Divisions. The guidance indicates that, for States to
include lower RVP as a contingency measure in maintenance plans, the
maintenance plan must include several things with respect to this
contingency measure. First, the maintenance plan must indicate that if
the former nonattainment area fell back into nonattainment, the State
would submit a request to the USEPA to find under section 211(c)(4)(C)
of the Act that the lower RVP requirement is necessary for the area to
achieve the ozone NAAQS. Second, since the implementation of a lower
RVP would rely upon USEPA's determination of whether it was necessary
to achieve attainment, the State must provide for the possibility that
a lower RVP could not be implemented. To do so, the State would need to
provide for a backup measure in the maintenance plan. The maintenance
plan could also include a commitment to adopt, as an alternative to the
specified measure, measures identified by the USEPA as practicable in
its denial of the State's request for a lower RVP requirement. If the
State chooses to adopt measures specified by the USEPA and the USEPA
has provided several options for acceptable measures, the State must
adopt the requisite number of these measures as is necessary to again
achieve the standard. The State would need to include a schedule for
submittal of the section 211(c)(4)(C) request to the USEPA and a
schedule for final adoption and implementation of a lower RVP standard,
or the back-up measure(s), or the alternative measures selected by the
USEPA. The schedule would need to be tied to the triggering event for
the contingency measure, not to USEPA action on the 211(c)(4)(C)
request.
Notwithstanding the November 8, 1993, policy discussed above, which
was not available to Illinois at the time the State was finalizing and
submitting it maintenance plans to the USEPA, USEPA should approve
Illinois' maintenance plan as it currently exists. This is because
Illinois has identified a wide range of contingency measures to choose
from in the maintenance plan and is, therefore, not relying exclusively
on lower RVP requirements as a contingency measure. If Illinois,
however, upon the triggering of the need to implement contingency
measures, chooses to implement requirements for lower RVP, Illinois
must submit the section 211(c)(4)(C) request in compliance with the
Act.
Based on the above, it is recommended that the USEPA approve
Illinois' request for the redesignation of Jersey County to attainment
for ozone as well as Illinois' maintenance plan for this county.
IV. USEPA's Proposed Rulemaking Action
The USEPA proposes to approve the redesignation of Jersey County to
attainment for ozone because the State of Illinois has met the
requirements of the Act revising the Illinois ozone SIP.
V. Request for Public Comments
USEPA is requesting comments on the requested SIP revision and this
proposed rule. As indicated at the outset of this notice, USEPA will
consider any comments received by December 27, 1994.
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The OMB has exempted this regulatory action from
Executive Order 12866 review.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each for revision to any SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
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, USEPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
The 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, I certify
that it does not have a significant impact on small entities affected.
Moreover, due to the nature of the Federal-State relationship under the
Act, preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Act forbids USEPA to base its actions concerning SIPS on such grounds.
Union Electric Co, v. USEPA, 427 U.S. 246,256-66 (1976)
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 January 24, 1995. 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
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: November 16, 1994.
Jo Lynn Traub,
Acting Regional Administrator.
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 paragraph (h) to read as
follows:
Sec. 52.726 Control strategy: Ozone.
* * *
(h) Approval--On November 12, 1993, the Illinois Environmental
Protection Agency submitted an ozone redesignation request and
maintenance plan for Jersey County ozone nonattainment area and
requested that Jersey County be redesignated to attainment for ozone.
The redesignation request and maintenance plan meet the redesignation
requirements in section 107(d)(3)(d) of the Act as amended in 1990. The
redesignation meets the Federal requirements of section 182(a)(1) of
the Clean Air Act as a revision to the Illinois ozone State
Implementation Plan for Jersey County.
* * * * *
[FR Doc. 94-29144 Filed 11-23-94; 8:45 am]
BILLING CODE 6560-50-P
