[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Rules and Regulations]
[Pages 66279-66294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32641]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL117-3; FRL-5935-2]
Approval and Promulgation of State Implementation Plan; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action on the following revisions to the
Illinois ozone State Implementation Plan (SIP): Rate-Of-Progress (ROP)
plans for the purpose of reducing Volatile Organic Compound (VOC)
emissions in the Chicago ozone nonattainment area (Cook, DuPage, Kane,
Lake, McHenry, and Will Counties, Oswego Township in Kendall County,
and Aux Sable and Goose Lake Townships in Grundy County) and in the
Metro-East St. Louis ozone nonattainment area (Madison, Monroe, and St.
Clair Counties) by 15 percent by November 15, 1996, relative to 1990
baseline emissions; contingency plans for the same ozone nonattainment
areas for the purpose of achieving an additional 3 percent VOC emission
reductions beyond the 15 percent ROP plans; and transportation control
measures (TCM) for the Metro-East St. Louis area. Previously, on July
14, 1997, EPA issued a direct final approval of these SIP revisions. On
the same day (July 14, 1997), EPA proposed approval and solicited
public comment on the SIP revisions. This proposed rule established a
30-day public comment period noting that if adverse comments were
received regarding the direct final rule EPA would withdraw the direct
final rule and publish an additional final rule to address the public
comments. Adverse comments were received during the public comment
period, and EPA withdrew the direct final rule on September 3, 1997 (62
FR 46446). This final rule addresses these comments and finalizes the
approval of the Chicago and Metro-East area 15 percent and contingency
plans, and the Metro-East area TCMs.
DATES: This final rule is effective January 20, 1998.
ADDRESSES: Copies of the SIP revision request are available for
inspection at the following address: (It is recommended that you
telephone Mark J. Palermo at (312) 886-6082, before visiting the Region
5 office).
U.S. Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois, 60604.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental
Protection Specialist, at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background on Rate-Of-Progress and Contingency Plan Requirements and
EPA Review Criteria
On November 15, 1990, Congress enacted amendments to the Clean Air
Act (Act); Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q. Section 182(b)(1) of the Act requires States with ozone
nonattainment areas classified as moderate and above to submit ROP
plans to reduce VOC emissions by 15 percent from 1990 levels by
November 15, 1996, accounting for growth in the VOC emissions occurring
after 1990. For purposes of these plans, the Act, under sections
182(b)(1) (B) and (D), defines baseline emissions as the total amounts
of actual VOC emissions from all anthropogenic sources in the ozone
nonattainment areas during the calendar year of the enactment of the
revision of the Act (1990), subtracting or factoring out emission
reductions achieved by the Federal Motor Vehicle Emissions Control
Program (FMVCP) regulations promulgated before January 1, 1990, and by
the 1990 gasoline Reid Vapor Pressure (RVP) regulations (55 FR 23666,
June 11, 1990).1 The baseline emissions are also referred to
as the ``1990 adjusted base year inventories.'' EPA interprets
``calendar year'' emissions to consist of typical ozone season weekday
emissions, because the applicable ozone National Ambient Air Quality
Standard (NAAQS) (0.12 parts per million, one-hour average) is
generally exceeded or violated during ozone season weekdays when ozone
precursor emissions and meteorological conditions are the most
conducive to ozone formation. (See ``State Implementation Plans:
General Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990,'' proposed rule (57 FR 13507), Federal Register,
April 16, 1992 (hereafter referred to as the General Preamble)).
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\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.
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Section 182(b)(1)(D) of the Act places limits on what emission
reductions can be claimed by ROP plans. All permanent and enforceable
VOC emission reductions occurring after 1990 are creditable with the
following exceptions: (1) Those resulting from any emission control
measure relating to
[[Page 66280]]
motor vehicle exhaust and evaporative emissions promulgated by the
Administrator by January 1, 1990; (2) those due to RVP regulations
promulgated by the Administrator by November 15, 1990, or due to
regulations required under section 211(h) of the Act; (3) those due to
measures to correct Reasonably Available Control Technology (RACT)
regulations as required under section 182(a)(2)(A) of the Act; and (4)
those due to measures to correct previously noted problems in an
existing vehicle inspection and maintenance (I/M) program as required
under section 182(a)(2)(B) of the Act.
Section 172(c)(9) of the Act as implemented by EPA requires States
with ozone nonattainment areas classified as moderate and above to
adopt contingency measures by November 15, 1993. Such measures must
provide for the implementation of specific emission control measures if
an ozone nonattainment area fails to achieve ROP or fails to attain the
NAAQS within the time-frames specified under the Act. Section 182(c)(9)
of the Act requires that, in addition to the contingency measures
required under section 172(c)(9), the contingency measure SIP revision
for serious and above ozone nonattainment areas must also provide for
the implementation of specific measures if the area fails to meet any
applicable milestone in the Act. As provided by these sections of the
Act, the contingency measures must take effect without further action
by the State or by the EPA Administrator upon failure by the State to
meet ROP requirements or attainment of the NAAQS by the required
deadline, or other applicable milestones of the Act.
The General Preamble states that the contingency measures, in
total, must generally be able to provide for 3 percent reductions from
the 1990 baseline emissions. While all contingency measures must be
fully adopted rules or measures, States can use the measures in two
different ways. A State can choose to implement contingency measures
before the November 15, 1996, ROP milestone deadline. Alternatively, a
State may decide not to implement a contingency measure until an area
has actually failed to achieve a ROP or attainment milestone. In the
latter situation, the contingency measure emission reduction must be
achieved within one year following identification of a milestone
failure.
The EPA has developed a number of guidelines addressing the review
of ROP and contingency plans and addressing such topics as: (1) The
relationship of ROP plans to other SIP elements required by the Act;
(2) recommended emission reduction levels for various control measures
including Federal emission control measures; and (3) emission inventory
projection procedures. All relevant guidelines are listed below.
1. Procedures for Preparing Emissions Projections, EPA-450/4-91-
019, Environmental Protection Agency, July 1991.
2. State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990;
Proposed rule (57 FR 13498), Federal Register, April 16, 1992.
3. ``November 15, 1992, Deliverables for Reasonable Further
Progress and Modeling Emission Inventories,'' memorandum from J. David
Mobley, Edwin L. Meyer, and G. T. Helms, Office of Air Quality Planning
and Standards, Environmental Protection Agency, August 7, 1992.
4. Guidance on the Adjusted Base Year Emissions Inventory and the
1996 Target for the 15 Percent Rate of Progress Plans, EPA-452/R-92-
005, Environmental Protection Agency, October 1992.
5. ``Quantification of Rule Effectiveness Improvements,''
memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, Office of Air Quality Planning and Standards, Environmental
Protection Agency, October 1992.
6. Guidance for Growth Factors, Projections, and Control Strategies
for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-002, March
1993.
7. ``Correction to `Guidance on the Adjusted Base Year Emissions
Inventory and the 1996 Target for the 15 Percent Rate of Progress
Plans','' memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide
Programs Branch, Office of Air Quality Planning and Standards,
Environmental Protection Agency, March 2, 1993.
8. ``15 Percent Rate-of-Progress Plans,'' memorandum from G. T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air
Quality Planning and Standards, Environmental Protection Agency, March
16, 1993.
9. Guidance on the Relationship Between the 15 Percent Rate-of-
Progress Plans and Other Provisions of the Clean Air Act, EPA-452/R-93-
007, Environmental Protection Agency, May 1993.
10. ``Credit Toward the 15 Percent Rate-of-Progress Reductions from
Federal Measures,'' memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, Environmental Protection Agency, May 6, 1993.
11. Guidance on Preparing Enforceable Regulations and Compliance
Programs for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-005,
Environmental Protection Agency, June 1993.
12. ``Correction Errata to the 15 Percent Rate-of-Progress Plan
Guidance Series,'' memorandum from G. T. Helms, Chief, Ozone and Carbon
Monoxide Programs Branch, Environmental Protection Agency, July 28,
1993.
13. ``Early Implementation of Contingency Measures for Ozone and
Carbon Monoxide (CO) Nonattainment Areas,'' memorandum from G. T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Environmental
Protection Agency, August 13, 1993.
14. ``Region III Questions on Emission Projections for the 15
Percent Rate-of-Progress Plans,'' memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, Office of Air Quality Planning
and Standards, Environmental Protection Agency, August 17, 1993.
15. ``Guidance on Issues Related to 15 Percent Rate-of-Progress
Plans,'' memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation, Environmental Protection Agency,
August 23, 1993.
16. ``Credit Toward the 15 Percent Requirements from Architectural
and Industrial Maintenance Coatings,'' memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, Environmental
Protection Agency, September 10, 1993.
17. ``Reclassification of Areas to Nonattainment and 15 Percent
Rate-of-Progress Plans,'' memorandum from John S. Seitz, Director,
Office of Air Quality Planning and Standards, Environmental Protection
Agency, September 20, 1993.
18. ``Clarification of Guidance for Growth Factors, Projections and
Control Strategies for the 15 Percent Rate of Progress Plans,''
memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, Office of Air Quality Planning and Standards, Environmental
Protection Agency, October 6, 1993.
19. ``Review and Rulemaking on 15 Percent Rate-of-Progress Plans,''
memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, Office of Air Quality Planning and Standards, Environmental
Protection Agency, October 6, 1993.
20. ``Questions and Answers from the 15 Percent Rate-of-Progress
Plan
[[Page 66281]]
Workshop,'' memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide
Programs Branch, Environmental Protection Agency, October 29, 1993.
21. ``Rate-of-Progress Plan Guidance on the 15 Percent
Calculations,'' memorandum from D. Kent Berry, Acting Director, Air
Quality Management Division, Environmental Protection Agency, October
29, 1993.
22. ``Clarification of Issues Regarding the Contingency Measures
that are due November 15, 1993, for Moderate and Above Ozone
Nonattainment Areas,'' memorandum from D. Kent Berry, Acting Director,
Air Quality Management Division, Environmental Protection Agency,
November 8, 1993.
23. ``Credit for 15 percent Rate-of-Progress Plan Reductions from
the Architectural and Industrial Maintenance (AIM) Coating Rule,''
memorandum from John S. Seitz, Director, Office of Air Quality Planning
and Standards, Environmental Protection Agency, December 9, 1993.
24. ``Rule Effectiveness Guidance: Integration of Inventory,
Compliance, and Assessment Applications,'' memorandum from G. T. Helms,
Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air Quality
Planning and Standards, Environmental Protection Agency, January 21,
1994.
25. ``Guidance on Projection of Nonroad Inventories to Future
Years,'' memorandum from Philip A. Lorang, Director, Emission Planning
and Strategies Division, Office of Air and Radiation, Environmental
Protection Agency, February 4, 1994.
26. ``Discussion at the Division Directors Meeting on June 1
Concerning the 15 Percent and 3 Percent Calculations,'' memorandum from
G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of
Air Quality Planning and Standards, Environmental Protection Agency,
June 2, 1994.
27. ``Future Nonroad Emission Reduction Credits for Court-Ordered
Nonroad Standards,'' memorandum from Philip A. Lorang, Director,
Emission Planning and Strategies Division, Office of Air and Radiation,
Environmental Protection Agency, November 28, 1994.
28. ``Credit for the 15 Percent Rate-of-Progress Plans for
Reductions from the Architectural and Industrial Maintenance (AIM)
Coating Rule and the Autobody Refinishing Rule,'' memorandum from John
S. Seitz, Director, Office of Air Quality Planning and Standards,
Environmental Protection Agency, November 29, 1994.
29. ``Transmittal of Rule Effectiveness Protocol for 1996
Demonstrations,'' memorandum from Susan E. Bromm, Director, Chemical,
Commercial Services and Municipal Division, Office of Compliance,
Environmental Protection Agency, December 22, 1994.
30. ``Future Nonroad Emission Reduction Credits for Locomotives,''
memorandum from Philip A. Lorang, Director, Emission Planning and
Strategies Division, Office of Air and Radiation, Environmental
Protection Agency, January 3, 1995.
31. ``Credit for the 15 Percent Rate-of-Progress Plans for
Reductions from the Architectural and Industrial Maintenance (AIM)
Coating Rule,'' memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, Environmental Protection Agency, March
22, 1995.
32. ``Fifteen Percent Rate-of-Progress Plans--Additional
Guidance,'' memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, Environmental Protection Agency, May 5,
1995.
33. ``Regulatory Schedule for Consumer and Commercial Products
under Section 183(e) of the Clean Air Act,'' memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards,
Environmental Protection Agency, June 22, 1995.
34. ``Update on the credit for the 15 percent Rate-of-Progress
Plans for Reductions from the Architectural and Industrial Maintenance
Coatings Rule,'' memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, Environmental Protection Agency, March
7, 1996.
II. Rate-Of-Progress and Contingency Plan Submittals for the Chicago
and Metro-East St. Louis Ozone Nonattainment Areas
A. Administrative Actions/Requirements
The Act requires States to observe certain procedural requirements
in developing SIPs and SIP revisions for submittal to the EPA. Sections
110(a)(2) and 110(l) of the Act provide that each SIP submitted by a
State must be adopted by the State after reasonable notice and public
hearing.
The State of Illinois held a public hearing on October 15, 1993, to
hear and collect public comments on the 15 percent ROP and 3 percent
contingency plans for both the Chicago and the Metro-East St. Louis
ozone nonattainment areas. Subsequently, the plans were adopted by the
State and submitted to EPA on November 15, 1993. The submittals
included records of public comments, hearing records, and responses to
public comments. The plans were supplemented with additional submittals
to the EPA on February 18, 1994, November 22, 1994, January 31, 1995,
and May 23, 1995. These subsequent submittals contain supplemental
documentation on the State's emission reduction estimates for various
source categories. At EPA's request, the Illinois Environmental
Protection Agency (IEPA) made additional submittals of technical
support information and updated emission estimates on May 9, 1996, and
July 22, 1996. All of the above submittals are considered to be part of
the record of decision for this rulemaking. All submittals are
available for review at the EPA Region 5 offices noted above.
On January 21, 1994, by letter, the EPA found the November 1993,
submittals to be incomplete due to an incomplete set of State emission
control regulations. Subsequently, the State adopted and submitted all
required regulations. EPA found the ROP and contingency plan submittals
to be complete, by letter, on June 15, 1995.
B. Accurate Emission Inventories
Sections 172(c)(3) and 182(b)(1) of the Act require nonattainment
plans to include and be based on comprehensive, accurate, and current
inventories of actual emissions from all sources of relevant pollutants
in the nonattainment areas. On March 14, 1995 (60 FR 13631), EPA
approved base year (1990) VOC emission inventories for the Chicago and
Metro-East St. Louis ozone nonattainment areas (the inventories also
included major source emissions from surrounding areas). The VOC
emissions from these emission inventories establish the baseline for
Illinois' ROP and contingency plans.
It should be noted throughout the discussions that follow that
volatile organic emissions are referred to as VOC emissions. In the
Illinois ROP and contingency plans (as well as in the base year
emission inventory documentation), the State uses the term ``Volatile
Organic Material (VOM)'' rather than VOC. The State's definition of VOM
is equivalent to EPA's definition of VOC. The two terms are
interchangeable when discussing volatile organic emissions. For
consistency with the Act and with EPA policy, the term VOC is used in
this rulemaking. VOC emissions referred to in today's action are
identical to VOM emissions referred to in Illinois' ROP and contingency
measure plans.
C. Required VOC Emission Reductions
Following EPA ROP guidelines (primarily guidance contained in the
Guidance on the Adjusted Base Year
[[Page 66282]]
Emissions Inventory and the 1996 Target of the 15 Percent Rate of
Progress Plans, EPA-452/R-92-005, October 1992, and in the Guidance for
Growth Factors, Projections, and Control Strategies for the 15 Percent
Rate-of-Progress Plans, EPA-452/R-93-002, March 1993), the IEPA has
determined that creditable VOC reductions (as opposed to noncreditable
emission reductions defined in section 182(b)(1)(D) of the Act) of
249.98 tons per day (TPD) for the Chicago ozone nonattainment area, and
26.66 TPD for the Metro-East St. Louis ozone nonattainment area are
needed to achieve the 15% ROP requirement. To meet the 3 percent
contingency requirement, the IEPA determined that the contingency
measures must also be able to achieve a 31.92 TPD VOC emission
reduction in the Chicago ozone nonattainment area and 4.96 TPD VOC
emission reduction in the Metro-East St. Louis ozone nonattainment
area. The IEPA has fully documented the calculation of these emission
reduction requirements and has shown that EPA recommended procedures
were followed. This documentation includes identification of emission/
source growth factors and noncreditable emission reductions from
emission controls referenced in section 182(b)(1)(D) of the Act. Tables
1 and 2 summarize the calculation of emission reductions needed by
1996.
Table 1.-- Emission Reductions Required by 1996 for the Chicago Area
------------------------------------------------------------------------
Calculation of reduction needs by 1996 Tons VOC/day
------------------------------------------------------------------------
1990 Chicago Area Total VOC Emissions................... 1,363.40
1990 ROP Emissions (Anthropogenic only)................. 1,216.56
1990-1996 Noncreditable Reductions (Reductions from 1990
RVP, Pre-1990 FMVCP, and RACT Fix-up Regulations)...... 199.93
1990 Adjusted Base Year Emissions (1990 ROP Emissions
minus Noncreditable Reductions)........................ 1,064.05
15 Percent of Adjusted Base Year Emissions.............. 159.61
Total Required Emission Reductions by 1996 (15 Percent
of Adjusted Base Year Emissions plus Noncreditable
Reductions)............................................ 359.54
1996 Target Level (1990 ROP Emissions minus Total
Required Emission Reductions by 1996).................. 857.02
1996 Projected Emissions (1990 Adjusted Base Year
Emissions plus Growth Factors)......................... 1,107.00
Reduction Needs By 1996 To Achieve 15 Percent Net Of
Growth (1996 Projected Emissions plus 1996 Target
Level)................................................. 249.98
Contingency Measure Requirement (3% of Adjusted Base
Year Emissions)........................................ 31.92
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Total Emission Reductions Required.................. 281.90
------------------------------------------------------------------------
Table 2.--Emission Reductions Required by 1996 for the Metro-East St.
Louis Area
------------------------------------------------------------------------
Calculation of reduction needs by 1996 Tons VOC/day
------------------------------------------------------------------------
1990 Metro-East Area Total VOC Emissions................ 234.79
1990 ROP Emissions (Anthropogenic only)................. 174.65
1990-1996 Noncreditable Reductions (1990 RVP, Pre-1990
FMVCP, and RACT Fix-Up Reductions)..................... 10.75
1990 Adjusted Base Year Emissions (1990 ROP Emissions
minus Noncreditable Reductions)........................ 165.24
15 Percent of Adjusted Base Year Emissions.............. 24.79
Total Required Emission Reductions by 1996 (15 Percent
of Adjusted Base Year Emissions plus Noncreditable
Reductions)............................................ 35.54
1996 Target Level (1990 ROP Emissions minus Total
Required Emission Reductions by 1996).................. 139.11
1996 Projected Emissions (1990 Adjusted Base Year
Emissions plus Growth Factors)......................... 165.77
Reduction Needs By 1996 To Achieve 15 Percent Net Of
Growth (1996 Projected Emissions minus 1996 Target
Level)................................................. 26.66
Contingency Measure Requirement (3% of Adjusted Base
Year Emissions)........................................ 4.96
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Total Emission Reductions Required.................. 31.62
------------------------------------------------------------------------
D. Control Measures
Tables 3 and 4 below summarize the creditable emission reductions
from the 15% ROP and 3% contingency plan control measures. These tables
indicate the emission reduction credit the State has claimed for each
control measure, and the actual emission reduction credit which EPA
finds acceptable. Unless otherwise noted, the emission control measures
apply to both the Chicago and Metro-East St. Louis ozone nonattainment
areas. Table 5 indicates the date of EPA approval of State adopted
control measures, date of EPA promulgation of Federal control measures,
or an identification of the source for taking credit for a control
measure, where EPA promulgation has not occurred. Following the tables
is a discussion describing each of the emission control measures
selected to help achieve ROP and contingency measure plan requirements,
and EPA's review of the emission reduction claimed for each control
measure. (Note that the IEPA, in describing the selected emission
control measures and emission reduction impacts, does not distinguish
between ROP plan measures and contingency plan measures).
Emission reductions not needed to achieve 15 percent ROP and 3
percent contingency requirements in the Chicago and Metro-East St.
Louis ozone nonattainment areas, respectively, will be applied toward
achieving the post-1996 ROP requirement, leading to attainment of the
ozone air quality standard. (Post-1996 ROP plans are required to be
submitted under section 182(c)(2)(B) of the Act).
Certain federal measures relied on by Illinois to meet the 15
percent ROP requirement were not implemented by 1996: non-road small
engine standards, Toxic Substance Disposal Facility (TSDF) RACT Phase
II Controls, Architectural and Industrial Maintenance (AIM) coating,
traffic coating, and consumer and commercial products solvent control.
Many of the 15 percent ROP SIPs originally submitted to EPA have relied
on some of these federal measures as well as reductions from enhanced
I/M programs which were not implemented by 1996. Consequently, it is no
longer possible for these States to achieve the portion of the 15
percent reductions attributed to these programs by November 15, 1996.
Under these circumstances, disapproval of the 15 percent SIPs would
serve no
[[Page 66283]]
purpose. Therefore, in these circumstances, EPA will approve a 15
percent ROP plan SIP if the emission reductions under the plan will
achieve the 15 percent level as soon after November 15, 1996, as
practicable. To make this ``as soon as practicable'' determination, the
EPA must determine that the 15 percent ROP plan contains all VOC
control strategies that are practicable for the nonattainment area in
question and that meaningfully accelerate the date by which the 15
percent level is achieved. The EPA does not believe that measures
meaningfully accelerate the 15 percent date if they provide only an
insignificant amount of reductions. However, as a minimum requirement,
EPA will approve a 15 percent SIP only if it achieves the reductions
from the measures needed to reach the 15 percent level by no later than
November 15, 1999.
The federal rules for federal non-road small engine standards and
TSDF RACT Phase II have been promulgated and emission reductions will
occur before November 15, 1999. Proposed rules have been published for
AIM coatings, traffic coatings, and consumer and commercial products,
and EPA expects final rules to be promulgated in 1998, with compliance
dates for these rules to occur no later than November 15, 1999. EPA has
reviewed other VOC SIP measures that are at least theoretically
available to Illinois, and has concluded that implementation of any
such measure that might be appropriate would not accelerate the date of
achieving the 15 percent reductions. Therefore, EPA finds that
Illinois' ROP plans for the Chicago and Metro-East ozone nonattainment
areas achieve 15 percent emission reduction as soon as practicable.
Table 3.--Control Measures for the Chicago Ozone Nonattainment Area
------------------------------------------------------------------------
VOC reduction
VOC reduction credit
Control Measure state claimed accepted tons/
tons/day day
------------------------------------------------------------------------
Mobile Source Measures:
Enhanced Vehicle I/M Program........ 19.60 See below
Conventional TCMs................... 2.00 2.00
National Energy Policy Act of 1992.. 0.20 0.20
Post-1994 Tier 1 Vehicle Emission
Rates.............................. 2.40 2.40
1995 Reformulated Gasoline.......... 112.79 112.79
1992 Vehicle I/M Program Amendments. 8.40 8.40
Federal Detergent Additive Gasoline. 2.20 2.20
Federal Non-Road Small Engine
Standards.......................... 4.37 4.37
-------------------------------
Subtotal........................ 151.96 132.36
Industrial Source Measures:
RACT Geographic Expansion........... 3.43 3.43
Expanded RACT--Lowered Source Size
Cutoffs (25 Tons Per Year)......... 2.78 2.78
New Control Technique Guidelines
(CTG):
Batch Processes................. 12.60 3.21
Industrial Waste Treatment
Facilities (IWTF).............. 0.14 0.14
Volatile Organic Liquid (VOL)
Storage........................ 2.18 2.18
Plastic Parts Coating........... 0.28 0.28
Lithographic Printing........... 4.06 4.06
Automobile Refinishing.......... 16.30 16.30
Coke Oven National Emission Standard
for Hazardous Air Pollutants
(NESHAP)/Maximum Available Control
Technology (MACT).................. 6.93 6.93
SOCMI NESHAP........................ 1.33 1.33
TSDF RACT Phase I and II Controls... 2.08 2.08
Marine Vessel Loading............... 1.40 1.40
Tightening of RACT Standards and
Source Size Cutoffs................ 12.05 12.05
Plant Shut-Downs.................... 31.60 31.60
Improved Rule Effectiveness from
Clean Air Act Permit Program
(CAAPP)............................ 26.30 26.30
-------------------------------
Subtotal........................ 123.46 114.07
Area Source Measures:
Stage II Service Station Vapor
Recovery........................... 23.67 23.67
AIM Coating......................... 13.28 10.60
Traffic and Maintenance Coatings.... 3.73 3.73
Underground Gasoline Storage Tank
Breathing Control.................. 4.87 4.87
Consumer and Commercial Products
Solvent Control.................... 8.10 8.10
-------------------------------
Subtotal........................ 53.65 50.97
===============================
Total........................... 329.07 297.40
------------------------------------------------------------------------
Table 4.--Control Measures for the Metro-East St. Louis Ozone
Nonattainment Area
------------------------------------------------------------------------
VOC reduction
credit VOC reduction
Control measure requested credit
(TPD) approved (TPD)
------------------------------------------------------------------------
Mobile Source Measures:
Enhanced Vehicle I/M Program........ 4.80 See below
Conventional TCMs................... 0.20 0.20
[[Page 66284]]
Post-1994 Tier 1 Vehicle Emission
Rates.............................. 0.19 0.19
7.2/8.2 psi RVP Conventional
Gasoline........................... 8.55 8.55
1992 Vehicle I/M Program Amendments. 0.20 0.20
Federal Detergent Additive Gasoline. 0.20 0.20
Federal Non-Road Small Engine
Standards.......................... 0.42 0.42
-------------------------------
Subtotal........................ 14.56 9.76
Industrial Source Measures:
New CTGs or Available CTGs:
Batch Processes................. 0.36 0.36
IWTF............................ 0.10 0.10
Automobile Refinishing.......... 1.20 1.20
Coke Oven NESHAP/MACT............... 0.10 0.10
SOCMI NESHAP........................ 0.26 0.26
TSDF RACT Phase I and II Controls... 0.06 0.06
Marine Vessel Loading............... 11.82 11.82
Tightening of RACT Standards and
Source Size Cutoffs................ 0.39 0.39
Plant Shut-Downs.................... 1.44 1.44
Improved Rule Effectiveness from
CAAPP.............................. 9.50 9.50
Hazardous Air Pollutant (HAP)
Standards Early Reduction Program.. 0.74 0.74
-------------------------------
Subtotal........................ 25.97 25.97
Area Source Measures:
AIM Coating......................... 0.94 0.75
Traffic and Maintenance Coating..... 0.62 0.62
Underground Gasoline Storage Tank
Breathing Control.................. 0.44 0.44
Consumer and Commercial Product
Solvent Reduction.................. 0.58 0.58
-------------------------------
Subtotal........................ 2.58 2.39
===============================
Total........................... 43.11 38.12
------------------------------------------------------------------------
Table 5.--Federal Approval or Promulgation of Control Measures
------------------------------------------------------------------------
Control measure Date of EPA approval
------------------------------------------------------------------------
Chicago Area TCMs............ September 21, 1995 (60 FR 4886).
Metro-East Area TCMs......... Date of EPA approval action is date of
today's Federal Register. See discussion
below.
1992 National Energy Policy Federal Regulation March 14, 1996 (61 FR
Act. 10621).
Post-1994 Tier 1 Vehicle Federal Regulation June 5, 1991 (56 FR
Emission Rates. 25724).
1995 Reformulated Gasoline... Federal Regulation February 16, 1994 (59
FR 7716).
Metro-East area 7.2 psi RVP March 23, 1995 (60 FR 5318).
Conventional Gasoline Rule.
1992 Vehicle I/M Program April 9, 1996 (61 FR 15715).
Amendments.
Federal Gasoline Detergent Federal Regulation November 1, 1994 (59
Additive. FR 54706).
Federal Non-Road Small Engine Federal Regulation August 2, 1995 (60 FR
Standards. 34582) See ``Guidance on Projection of
Nonroad Inventories to Future Years,''
February 4, 1994, and ``Future Nonroad
Emission Reduction Credits for Court-
Ordered Nonroad Standards,'' November
28, 1994.
Chicago Area RACT Geographic September 9, 1994 (59 FR 46562).
Expansion.
Chicago Area Expanded RACT-- October 21, 1996 (61 FR 54556).
Lowered Size Cutoffs (25
Tons VOC Per Year).
Batch Processes.............. April 2, 1996 (61 FR 14484).
IWTF......................... Federal Regulation April 22, 1994 (59 FR
19468).
VOL Storage Tanks............ August 8, 1996 (61 FR 41338).
Plastic Parts Coating........ October 26, 1995 (60 FR 54807).
Lithographic Printing........ November 8, 1995 (60 FR 56238).
Automobile Refinishing....... July 25, 1996 (61 FR 38577).
Coke Oven NESHAP............. Federal Regulation October 27, 1993 (58
FR 57911).
SOCMI NESHAP................. Federal Regulation April 22, 1994 (59 FR
19454).
TSDF RACT (RCRA) Phase I and Federal Regulation Phase I, June 21, 1990
II. (55 FR 25454) Phase II, December 6, 1994
(59 FR 62896) See ``Credit Toward the 15
Percent Rate-Of-Progress Reductions from
Federal Measures,'' May 6, 1993.
Marine Vessel Loading Control April 3, 1995 (60 FR 16801).
Tightened RACT Coating February 13, 1996 (61 FR 5511).
Standards.
Tightened RACT SOCMI Air September 27, 1995 (60 FR 49770).
Oxidation.
Plant Shut-downs............. See discussion below.
Improved Rule Effectiveness March 7, 1995 (60 FR 12478).
from CAAPP.
HAP Standards Early Reduction Federal Regulation November 21, 1994 (59
Program. FR 59924).
Underground Gasoline Storage March 23, 1995 (60 FR 15233).
Tank Breathing Controls.
[[Page 66285]]
Stage II Gasoline Vapor January 12, 1993 (58 FR 3841).
Recovery.
AIM Coatings................. Creditable toward ROP. See ``Update on
the Credit for the 15 Percent ROP Plans
for Reductions from the AIM Coatings
Rule,'' March 7, 1996.
Traffic and Maintenance Creditable toward ROP. See ``Update on
Coatings. the Credit for the 15 Percent ROP Plans
for Reductions from the AIM Coatings
Rule,'' March 7, 1996.
Consumer and Commercial Creditable toward ROP. See ``Regulatory
Products Solvent Control. Schedule for Consumer and Commercial
Products under Section 183(e) of the
Clean Air Act,'' June 22, 1995.
------------------------------------------------------------------------
1. Mobile Sources
a. Enhanced Vehicle I/M. The Illinois 15 percent ROP plan submittal
claims emission reduction credit for enhanced vehicle I/M for the
Chicago and Metro-East St. Louis areas. The State has signed a contract
for the construction and implementation of enhanced I/M, which provides
that enhanced I/M testing will begin in January 1999. Based on EPA's
review of the State's plan submittal, the State has adopted sufficient
measures, in conjunction with credit from certain Federal measures, to
achieve 15 percent ROP and 3 percent contingency requirements without
enhanced I/M. Enhanced I/M will play a significant role in achieving
post-1996 9 percent ROP requirements, and ultimately, help bring the
Chicago and Metro-East St. Louis ozone nonattainment areas into
attainment of the public health based ozone air quality standards. The
amount of emission reduction credit which can be taken for enhanced I/M
will be determined when Illinois submits and EPA takes action on the
State's 9 percent ROP plan.
b. Conventional TCMs. The Metropolitan Planning Organizations (MPO)
for the Chicago and Metro-East St. Louis areas (Chicago Area
Transportation Study and East-West Gateway Coordinating Council,
respectively) are administering a number of TCM projects to both reduce
vehicle miles traveled (VMT) and the amount of VOC emissions per VMT.
The projects have been programmed and funded through the areas'
Transportation Improvement Programs (TIP) under the federal Congestion
Mitigation and Air Quality Improvement Program (CMAQ).2
Illinois is claiming emission reductions from the TCMs in its 15
percent ROP plans for the Chicago and Metro-East areas.
---------------------------------------------------------------------------
\2\ MPOs can utilize United States Department of Transportation
(DOT) funds from CMAQ. CMAQ is a federal program which provides
funding for transportation related projects and programs designed to
contribute to attainment of air quality standards.
---------------------------------------------------------------------------
States can take credit for TCMs which are approved as revisions to
the SIP. EPA's requirements for TCMs are summarized in the June 1993,
EPA guidance document, Guidance on Preparing Enforceable Regulations
and Compliance Programs for the 15 Percent Rate-of-Progress Plans. The
required elements are (1) a complete description of the measure, and,
if possible, its estimated emissions reduction benefits; (2) evidence
that the measure was properly adopted by a jurisdiction(s) with legal
authority to execute the measure; (3) evidence that funding will be
available to implement the measure; (4) evidence that all necessary
approvals have been obtained from all appropriate government offices;
(5) evidence that a complete schedule to plan, implement, and enforce
the measure has been adopted by the implementing agencies; and (6) a
description of any monitoring program to evaluate the measure's
effectiveness and to allow for necessary in-place corrections or
alterations.
The Chicago area TCMs were approved on September 21, 1995 (60 FR
4886). The Metro-East St. Louis area's 15 percent ROP plan includes
work trip reductions, transit improvements, and traffic flow
improvements TCMs. These TCMs are being approved in today's action as a
revision to the SIP because they fully satisfy all the requirements
based on the following: (1) a complete description of the program and
estimated emission reduction are provided in documentation included in
the docket for this rulemaking action; (2) the measure has been adopted
by the East-West Gateway Coordinating Council, the authorized MPO for
the St. Louis metropolitan area; (3) the program is currently operating
and has received federal CMAQ program money for operation; (4) all
necessary approvals have been obtained from DOT in the FY 1994-1997 TIP
(which includes the TCMs); (5) the TIP provides the schedule,
implementation mechanism, and also the enforcement mechanism for the
TCM (the conformity provisions in 40 CFR part 93 provide that TCMs in
an approved SIP must be implemented on schedule before a conformity
determination can be made by DOT); and (6) the CMAQ program requires
monitoring of programs funded under CMAQ and annual reports to DOT on
achieved emission reductions.
The emission reductions claimed in the ROP plans for both the
Chicago and Metro-East TCMs are adequately documented and acceptable.
c. National Energy Policy Act of 1992. The National Energy Policy
Act (EPAct) was enacted in October 1992. EPAct mandates implementation
(use) of Alternative Fueled Vehicles (AFVs) in federal, State, and
utility fleets. EPAct requires that 25% of new vehicle purchases by
federal fleets, 10% of new vehicle purchases by State fleets, and 30%
of new vehicle purchases by utility fleets must be AFVs beginning in
1996. IEPA estimated that EPAct would implement approximately 2,000
AFVs in the Chicago Area by 1996. The EPA mobile source emission factor
model, MOBILE5a, was used to determine the impacts of EPAct on mobile
source emissions. The State's emission reduction estimates for this
federal measure are adequately documented and acceptable.
d. Post-1994 Tier 1 Emission Rates. Section 202 of the Act sets new
Tier 1 emission standards for motor vehicles, some of which will be
implemented prior to the end of 1996. The Tier 1 standards are
approximately twice as stringent as prior (established prior to the
1990 Clean Air Act amendments) motor vehicle emission standards. For
passenger cars and light-duty trucks weighing up to 6,000 pounds, the
implementation of the standards is to be phased-in over three years, 40
percent of the manufactured vehicles for model year 1994, 80 percent of
the manufactured vehicles in model year 1995, and 100 percent of the
manufactured vehicles in the model year 1996 and later. For gasoline
and diesel powered light-duty trucks weighing more than 6,000 pounds,
the Tier 1 standards are to be met in 50 percent of the manufactured
vehicles in model year 1996 and in 100 percent of the manufactured
vehicles thereafter.
The IEPA has determined that the emission reductions resulting from
these tightened vehicle standards are
[[Page 66286]]
creditable toward the 15 percent ROP plan and used the MOBILE5a
emission factor model to calculate the VOC emission reductions for this
control measure. The State's emission reduction estimates are
adequately documented and acceptable.
e. 1992 I/M Program Amendments. As a result of an agreement
resolving a lawsuit between Wisconsin and EPA, the State of Illinois
added a tamper check and two-speed idle test to the basic I/M program
in the Chicago metropolitan area. The I/M program area coverage was
also increased to encompass almost all of the Chicago metropolitan
area. These changes in the I/M program were implemented in 1992, and
were approved by EPA on April 9, 1996 (61 FR 15715). Similar changes in
the components of the I/M program were implemented in the Metro-East
St. Louis area, as well.
The IEPA used the MOBILE5a emission factor model to estimate the
emission reductions for both areas. The State's emission reduction
estimates are adequately documented and are acceptable.
f. Federal Detergent Gasoline Additive. The Federal detergent
gasoline additive regulation was promulgated November 1, 1994 (59 FR
54706). This regulation requires, beginning January 1, 1995, that
gasoline sold nationwide contain additives to prevent accumulation of
deposits in engines and fuel systems. Preventing such deposits
maintains the efficiencies of engine systems and reduces VOC emissions
resulting from engine efficiency degradation.
The State has reviewed guidance from EPA's Office of Mobile Sources
which indicates that the use of gasoline containing the required
additives will reduce vehicle VOC emissions by 0.7 percent in 1996.
This guidance is the basis for the VOC emission reductions claimed in
the 15 percent ROP plans for this control measure. The emission
reduction estimates are acceptable.
g. Federal Non-Road Small Engine Standards. Federal standards for
non-road engines (25 horsepower and below) were promulgated on July 3,
1995 (60 FR 34582). The standards would primarily affect 2 stroke and 4
stroke lawn and garden equipment and light commercial, construction,
and logging equipment. Although full implementation of this control
measure will not occur until after November 15, 1996, the States can
take credit for this measure pursuant to EPA policy memoranda,
``Guidance on Projection of Nonroad Inventories to Future Years,''
February 4, 1994, and ``Future Nonroad Emission Reduction Credits for
Court-Ordered Nonroad Standards,'' November 28, 1994. Based on this
policy, the IEPA assumed that the Federal non-road small engine
standards would reduce 1996 VOC emissions from these sources by 4.5
percent. The IEPA also assumes that these rules will have a rule
effectiveness of 100 percent because the rules affect all manufacturers
of small engines in the nation. The 4.5 percent emission reduction
claim is assumed to appropriately account for rule penetration (the
fraction of small engine emissions affected by the rule). The assumed
emission reduction percentage is acceptable.
h. Reformulated Gasoline. Beginning January 1, 1995, sellers of
gasoline in the Chicago ozone nonattainment area were required to sell
only reformulated gasoline as required under federal regulation
promulgated February 16, 1994 (59 FR 7716). Using the MOBILE5a emission
factor model, the IEPA has determined that the use of reformulated
gasoline will result in a 15 percent reduction in vehicle VOC
emissions. The IEPA notes that the use of reformulated gasoline will
also result in lower gasoline marketing and off-road engine emissions
in the Chicago ozone nonattainment area. The emission reduction
estimates are adequately documented and acceptable.
i. 7.2 RVP Gasoline. On October 25, 1994, the IEPA submitted to the
EPA a SIP revision request for the purpose of lowering the RVP of
gasoline from 9.0 pounds per square inch (psi) to 7.2 psi in the Metro-
East St. Louis ozone nonattainment area. EPA approved this SIP revision
on March 23, 1995 (60 FR 15233). The Illinois rule requires the use of
7.2 psi RVP gasoline in the Metro-East St. Louis area during the period
of June 1 through September 15 each year beginning in 1995. The rule
grants a 1 psi waiver for ethanol blended gasolines that have an
ethanol content between 9 and 10 percent ethanol by volume.
The IEPA used the MOBILE5a emission factor model to calculate the
resulting VOC emission reduction for on-highway mobile sources.
Illinois used a RVP ratio (reduced RVP versus average RVP of gasoline
sold in 1990) along with 1996 gasoline usage estimates to calculate the
VOC emission reduction from gasoline marketing sources. The calculation
of the emission reduction is adequately documented and acceptable.
2. Industrial Sources
a. RACT Geographic Expansion. The State, on August 13, 1992,
adopted a rule to expand the coverage of existing RACT regulations to
include Oswego Township in Kendall County, and Aux Sable and Goose Lake
Townships in Grundy County. This geographic expansion has affected
several facilities, which are adequately documented in the ROP plan
submittal. EPA approved this expansion on September 9, 1994 (59 FR
46562). The emission reduction estimate is acceptable.
b. RACT--Reduction in Major Source Threshold. Section 182(d) of the
Act defines ``major source'' for severe ozone nonattainment areas to
include any stationary source or group of sources located within a
contiguous area and under common control that emits, or has the
potential to emit, at least 25 tons of VOC per year. This establishes a
maximum source size cutoff for the application of RACT rules (the State
has adopted RACT rules with much smaller source size cutoffs for most
applicable source categories) for severe ozone nonattainment areas,
such as the Chicago area.
On January 6, 1994, the Illinois Pollution Control Board (IPCB)
adopted modified source size cutoffs of 25 tons per year, potential to
emit, for flexographic/rotogravure printing operations, petroleum
solvent dry cleaners, and non-Control Technology Guideline (non-CTG)
sources in the Chicago ozone nonattainment area. Other source
categories regulated in the Chicago area are covered by category-
specific source size applicability cutoffs well below the 25 ton VOC
per year specified in section 182(d) of the Act. EPA approved this
regulation on October 21, 1996 (61 FR 54556). The State's emission
reduction estimates for this rule are adequately documented and
acceptable.
c. Post-1990 CTG Rules. Section 182(b)(2)(A) of the Act requires
States with moderate and above ozone nonattainment areas to adopt RACT
rules covering post-1990 CTG source categories. Illinois claimed
emission reduction credit for many of the State rules adopted to meet
the section 182(b)(2)(A) requirement. The following briefly discusses
these rules and claimed emission reduction credit taken by the State:
i. Batch Processes. Illinois' batch process rule controls VOC
emissions from batch chemical processes found in the following
industries: plastic materials and resin manufacturing; cyclic crudes
and intermediates manufacturing and processing; industrial organic
chemical manufacturing; pharmaceuticals manufacturing; gum and wood
chemicals manufacturing; and agricultural chemicals manufacturing. This
rule was derived from an EPA draft
[[Page 66287]]
CTG dated December 29, 1993, and an EPA Alternative Control Techniques
(ACT) document completed in February 1994. The rule was approved by EPA
on April 2, 1996 (61 FR 14484). The IEPA used RACT flow rate equations
from the draft CTG for the development of the control specifications of
batch processes. Emissions must be controlled using condensers,
absorbers, adsorbers, thermal destruction systems, flares, thermal
incinerators, or catalytic incinerators. In determining the
applicability of the control requirements of the rule, owners or
operators must determine the actual average flow rates for vent
streams. If the actual average vent stream flow rate (standard cubic
feet per minute) is below the applicability flow rate value calculated
using the RACT flow rate equations (specific to volatility), the VOC
from a process vent must be controlled with a reduction efficiency of
90 percent (or down to a VOC concentration of no more than 20 parts per
million volume). Sources are exempted from emission controls if the
annual VOC emissions are less than 500 pounds for individual batch
operations or less than 30,000 pounds for a batch process train. The
owner or operator must keep records of average flow rates during
testing periods and annual VOC mass emission rates. Compliance with
this rule is required by March 15, 1996.
The IEPA has determined there are 15 affected facilities in the
Chicago ozone nonattainment area and 3 affected facilities in the
Metro-East St. Louis ozone nonattainment area. The EPA accepts the
emission reductions of 3.21 TPD claimed for facilities in the Chicago
area, and 0.36 TPD in the Metro-East area.
It should be noted that the State, during discussions with the EPA,
has raised the point that a significant additional VOC emission
reduction may be claimed for this source category. In the earlier
submittals, the State indicated a significant emission reduction of
9.39 TPD for an alcohol stripper unit at the Stepan Company's Millsdale
facility (Chicago ozone nonattainment area) (permit/source number
78030038087). The State and EPA are working with the affected company
to determine the exact timing of the emission reduction. If it is
ultimately determined that the emission reduction occurred after 1990,
the State will seek the correction of the ROP plan to credit this
emission reduction in the post-1996 ROP plans.
ii. IWTF. The State is claiming emission reduction from the NESHAP
for this source category, 40 CFR part 63, subpart G, promulgated April
22, 1994 (59 FR 19468). The State's emission reduction estimates for
this rule are adequately documented and acceptable. It should be noted,
however, that the IEPA is still expected to develop a State rule for
this source category to implement RACT. If a RACT level rule is adopted
and implemented in the near future, the State may claim additional
emission reduction credits for this source category in the post-1996
ROP plans.
iii. VOL Storage. On November 30, 1994, the IEPA submitted an
adopted rule and supporting information for the control of VOC
emissions at VOL storage operations in the Chicago and Metro-East St.
Louis ozone nonattainment areas. The EPA approved this rule on August
8, 1996 (61 FR 41339).
The VOL storage emission control requirements apply to facilities
storing VOLs with vapor pressures of 0.75 pounds per square inch
absolute (psia) or greater (facilities storing VOLs with vapor
pressures equal to or exceeding 0.5 psia must keep records of VOLs
stored including VOL vapor pressures) in any storage tank of 40,000
gallons capacity or greater. The rule does not apply to vessels storing
petroleum liquids, which are covered under other rules.
For fixed roof tanks, the VOL storage rule requires the
installation of internal floating roofs with foam or liquid-filled
seals and secondary seals to close the gap between the tank's inner
wall and the floating roof. These controls must be implemented by March
15, 1996.
External floating roof tanks must be equipped with primary and
secondary seals before March 15, 2004, or at the time of the next tank
cleaning, whichever comes first.
For internal floating roof tanks, the internal floating roofs must
be equipped with primary and secondary seals before March 15, 2004, or
at the time of the next tank cleaning, whichever comes first.
Sources may also use closed vent systems and emission control
devices provided the emission control systems are operated with no
detectable emissions or monitored VOC concentrations above 500 parts
per million above background levels. Control devices must be operated
to reduce VOC emissions by at least 95 percent. Storage vessels of
40,000 gallons or greater storage capacity that store VOLs with a
maximum true vapor pressure equal to or greater than 11.1 psia must be
equipped with a closed vent system and emission control device with
emission control efficiency equal to or greater than 95 percent.
Recognizing that only fixed roof tanks would be required to
implement emission controls by the end of 1996, the IEPA claimed
emission reductions for only these types of tanks. The emission
reduction estimates are adequately documented and acceptable.
iv. Plastic Parts Coating. On May 5, 1995, the IEPA submitted an
adopted rule for the control of VOC emissions from automotive/
transportation and business machine plastic parts coating operations in
the Chicago and Metro-East St. Louis ozone nonattainment areas (no
applicable sources exist in the Metro-East St. Louis area). The EPA
approved this rule on October 25, 1995 (60 FR 54807).
The rule specifies the VOC content limits for various types of
coating distinguishing between coating of automotive/transportation
plastic parts and business machine plastic parts (see 60 FR 54808).
Sources may also choose to use add-on control devices which achieve
equivalent emission reductions. Compliance with this rule must be met
by March 15, 1996. The emission reductions claimed for this source
category are adequately documented and acceptable.
v. Lithographic Printing. Using EPA's September 1993 draft CTG for
this source category, the IEPA developed a regulation establishing VOC
content limits, emission control requirements, and required work
practices for this source category. The State's rule includes
limitations on the VOC content of fountain solutions and cleaning
solutions. The rule also provides for the use of afterburners and other
emission control devices for heat set web offset lithographic printing
operations. The rule establishes recordkeeping, testing, and reporting
requirements as well as work-practice requirements, such as a
requirement for the storage of cleaning materials and spent cleaning
solutions in air-tight containers.
The rule is applicable to all lithographic printing lines at a
facility if the VOC emissions, in total, from the lithographic printing
lines exceed 45.5 kilograms per day or 100 pounds per day. The rule
also applies to facilities with heat set web offset printing lines if
the maximum theoretical emissions of VOC, in total, ever exceed 90.7
megagrams per year or 100 tons per year. Compliance with the rule is
required by March 15, 1996. The EPA approved this rule on November 8,
1995 (60 FR 56238).
The IEPA has determined that 113 facilities in the Chicago ozone
nonattainment area will be potentially affected by the rule, with 49
facilities likely to require new emission controls
[[Page 66288]]
or process modifications. Only one facility in the Metro-East St. Louis
area is expected to be affected by the rule, with no anticipated
reduction in VOC emissions. Emission reduction credits for the Chicago
facilities were calculated using the emission reduction factors for
add-on controls, fountain solution reformulation or process
modification, and cleaning solution reformulation provided for model
plants in the September 1993 draft CTG. The emissions reduction credit
claimed is adequately documented and acceptable.
vi. Automobile Refinishing. The EPA, on the behalf of the IEPA,
contracted with Midwest Research Institute (MRI) to conduct a study of
the motor vehicle refinishing industry in the Chicago and Metro-East
ozone nonattainment areas. This study included an estimate of the 1990
base year emissions and the study report recommended emission control
strategies and possible resultant emission reductions. The study
concluded that approximately 1,463 refinishing shops are located in the
Chicago ozone nonattainment area, and 107 are located in the Metro-East
ozone nonattainment area.
Based on the study, review of similar regulations developed by the
California Air Resources Board (CARB), and discussions with local
automobile refinishing representatives, the IEPA adopted the following
coating VOC content limits (pounds VOC per gallon of coating, minus
water and exempt compounds):
Pretreatment Wash Primer....................................... 6.5
Precoat........................................................ 5.5
Primer/Primer Surfacer Coating................................. 4.8
Primer Sealer.................................................. 4.6
Topcoat System................................................. 5.0
Basecoat/Clearcoat............................................. 5.0
Three or Four Stage Topcoat System............................. 5.2
Specialty Coatings............................................. 7.0
Anti-Glare/Safety Coating...................................... 7.0
In addition to these VOC content limits, the regulation also
establishes VOC content limits for surface preparation/cleaning
products (6.5 pounds VOC per gallon of plastic parts cleaning compounds
and 1.4 pounds of VOC per gallon of other surface cleaning/preparation
products). The rule also requires the use of gun cleaners designed to
minimize solvent evaporation during the cleaning, rinsing, and draining
operations with recirculation of solvent during the cleaning operation
and collection of spent solvent. Spent and fresh solvent must be stored
in closed containers. Coating application must be done using High
Volume, Low Pressure guns or electrostatic application systems. As an
alternative to the VOC content limits, a facility may use add-on
control systems, such as incinerators or carbon adsorbers, which would
reduce VOC emissions by at least 90 percent. Facilities that use less
than 20 gallons of coatings per year total are exempted from the
coating application and gun cleaner equipment requirements.
Refinishing facilities are required to keep monthly records of
coating purchases and the VOC contents of these coatings. Facilities
are also required to use coatings in accordance with the coating
manufacturer's specifications. Compliance with the rule must be met by
March 15, 1996. The EPA approved the rule on July 25, 1996 (61 FR
38577). The emission reduction estimates for this rule are adequately
documented and acceptable.
d. Coke Oven NESHAP. The coke oven NESHAP, 40 CFR part 63, subpart
L, promulgated on October 27, 1993 (58 FR 57911), control emissions
from coke oven doors, off-takes, lids, and charging. The emission
control requirements of the rule must be met by the end of 1995. The
emission reduction estimates are adequately documented and acceptable.
e. Hazardous Organic NESHAP--SOCMI. The SOCMI NESHAP, 40 CFR part
63, subpart F, promulgated April 22, 1994, (59 FR 19454) affects
processes which produce one or more of the 396 designated SOCMI
chemicals using one or more designated HAPs as a reactant or producing
HAPs as a byproduct or co-product. Under EPA policy memorandum,
``Credit Toward the 15 Percent Rate-Of-Progress Reductions from Federal
Measures,'' May 6, 1993, 5 percent emission reduction from 1990 base
line levels can be claimed from this rule. The State's emission
reduction estimates are acceptable.
f. TSDF RACT Phase I and II. Under RCRA, EPA is taking action to
control VOC emissions in three phases. Phase I regulations were
promulgated by the EPA in June 1990 and became effective in December
1990. Phase II regulations were promulgated on December 6, 1994. The
effective date for the Phase II regulations was suspended until
December 6, 1996 (see 61 FR 59932, November 25, 1996). The Phase II
compliance date is December 8, 1997. Although final compliance with the
Phase II regulation will occur after November 15, 1996, States can take
emission reduction credit for Phase II TSDF regulations toward the 15
percent ROP plan pursuant to EPA policy memorandum, ``Credit Toward the
15 Percent Rate-Of-Progress Reductions from Federal Measures,'' May 6,
1993. Illinois' emission reduction estimates for these federal rules
are acceptable.
g. Marine Vessel Loading Controls. The State's rule requires a 95
percent reduction in VOC emissions resulting from the loading of
gasoline and crude oil into marine vessels at all marine terminals in
the Chicago and Metro-East St. Louis ozone nonattainment areas which
load gasoline or crude oil into tank ships and barges. The rule applies
between May 1 and September 30 each year beginning in 1996, and
requires that vessel cargo compartments be closed to the atmosphere
during loading using: (1) Devices to protect tanks from
underpressurization and overpressurization; (2) level-monitoring and
alarm systems designed to prevent overfilling; and (3) devices for
cargo gauging and sampling. VOC capture must be achieved with either
(1) a vacuum-assisted vapor collection system, or (2) certification of
vessel vapor-tightness. Piping used in the transfer of gasoline or
crude oil must be maintained and operated to prevent visible liquid
leaks, significant odors, and visible fumes. Owners and operators must
use leak inspection procedures similar to those used at petroleum
refineries.
Based on IEPA's records, there are five affected facilities in the
Chicago ozone nonattainment area and six affected facilities in the
Metro-East St. Louis ozone nonattainment area. To calculate VOC
emission reduction for this source category, the IEPA assumed that
vapor recovery and emissions control systems can reduce VOC emissions
by 90 percent. The rule was adopted on October 20, 1994, and was
approved by the EPA on April 3, 1995 (60 FR 16801). The emission
reduction credits claimed are adequately documented and acceptable.
h. Tightening of RACT Standards and Cutoffs. Based on an April
1993, Science Applications International Corporation (SAIC) report
titled, ``Technical Document for Reasonably Available Control
Technology for Illinois to Assist in Achieving 15 Percent Reduction in
Ozone Nonattainment Areas,'' the IEPA determined that the VOC content
limits for coatings could be lowered for the following source
categories: Automobile/Truck Coating; Paper Coating; Fabric Coating;
Metal Furniture Coating; Flexographic/Rotogravure Printing;
Miscellaneous Surface Coating; Can Coating; Metal Coil Coating; Vinyl
Coating; Miscellaneous Metal Coating; and Large Appliance Coating.
After further consideration, the IEPA determined that no additional
tightening of existing coating VOC
[[Page 66289]]
content limits could be justified at this time for automobile/truck
coating and flexographic/rotogravure printing.
The State's tightened RACT coating limits are similar to those used
in the South Coast Air Quality Management District of California. The
tightened limits were adopted by the Illinois Pollution Control Board
on April 20, 1995, and were approved by EPA on February 13, 1996 (61 FR
5511). The tightened SOCMI air oxidation requirements were adopted on
October 20, 1994, and were approved by EPA on September 27, 1995 (60 FR
49770). The 15 percent ROP documentation indicates that for the Chicago
area an estimated 8.00 TPD emission reduction has occurred from sources
covered under the tightened RACT coating limit rule, and 4.05 TPD
emission reduction has occurred from sources covered under the
tightened SOCMI air oxidation rule. In the Metro-East area, 0.39 TPD
were claimed, while no emission reductions occurred due to the SOCMI
air oxidation rule. The emission reductions claimed are acceptable.
i. Plant Shut-downs. Facilities or plant units which have been
shut-down since 1990 were identified through: (1) Facility responses to
permit renewals; (2) responses to Annual Emission Report (AER)
requests; (3) direct field inspections; and (4) requests from the
facilities themselves to have their source permits withdrawn due to
shut-down. Facility closings and emission reductions were verified
through review of Emission Inventory System (EIS) records, permit file
data, and field reports.
To further support the estimated emission reductions, the IEPA has
provided the EPA with a list of closed facilities. The IEPA maintains a
plant shut-down file which documents the methods of verification.
The shut-down credits were calculated using 1990 emissions
projected to 1996 using the Emissions Growth Assessment System (EGAS)
growth factors for specific source units. The projected 1996 emissions
were used because these emissions had already been built into the
projected 1996 emissions used to calculate the emission targets under
the ROP plans.
Emission reductions from the plant shut-downs are made permanent
through the closing of source permits and, therefore, are acceptable.
The source permits for these facilities will not be reissued by the
IEPA. If these sources wish to restart, they will have to go through
new source review and will be controlled through new source emission
control requirements.
j. Improved Rule Effectiveness. Illinois' Title V program, the
CAAPP, covers most source facilities in the two ozone nonattainment
areas. The IEPA submitted the CAAPP to the EPA in November 1993, and
the EPA gave the program interim approval on March 7, 1995 (60 FR
12478). The program became effective in 1996.
A primary emphasis of the CAAPP is rigorous recordkeeping,
reporting, and monitoring. The CAAPP regulations include recordkeeping,
reporting, and monitoring requirements not covered under existing
regulations or emphasizes existing regulations for such requirements.
Sources must submit progress reports to the IEPA at a minimum of every
6 months and the permittees must certify no less frequently than
annually that the facilities are in compliance with the permit
requirements. Source owners or operators must also promptly report any
deviances from permit conditions to the IEPA. The CAAPP requirements
contain significant civil and criminal penalties for source owners or
operators failing to comply with the permit requirements, including the
recordkeeping, reporting, and monitoring requirements.
The IEPA used EPA's rule effectiveness evaluation questionnaire,
and, based on the requirements of the CAAPP regulations, determined
that the CAAPP requirements should lead to a rule effectiveness of 95
percent for all source facilities covered by the CAAPP. The IEPA
determined the VOC emission reduction credit for this rule
effectiveness improvement by considering the ``current'' rule
effectiveness for each facility or source category used to develop the
1990 base year emissions inventory (80 percent for most facilities,
with some facilities starting at 92 percent based on prior study
results). The IEPA documented the rule effectiveness improvement
findings in a report titled ``Impact of CAAPP on Inventory RE.''
In comments on a draft version of the ROP plan, the EPA had
indicated to the IEPA that recent changes in Title V requirements and
guidelines to allow more source flexibility could jeopardize the
anticipated improvement in rule effectiveness since some of the changes
in EPA policy could relax compliance monitoring. Particularly, the
increased flexibility would allow sources to switch from enhanced
monitoring procedures to less stringent Compliance Assurance Monitoring
(CAM) procedures. The IEPA, however, views this increased source
flexibility as having minimal impact on the rule effectiveness to be
obtained from the CAAPP, in light of the overall requirements sources
are still subject to under CAAPP. It is pointed out that the EPA
engineers who are technically supporting the compliance assurance
monitoring procedures in EPA's revised Title V policy agree with a rule
effectiveness estimate of 95 percent for programs like the CAAPP. The
EPA agrees with this view and accepts the estimated emission reduction
claimed.
k. HAP Early Reduction Program. This program, promulgated on
November 21, 1994 (59 FR 59924), allows an existing source subject to
an applicable section 112(d) standard to be granted a 6-year compliance
extension upon commitment by the owner or operator of the source that
the source has achieved a reduction of 90 percent or more of HAP by
1994. Emission reductions are determined by comparing the post-control
emissions with verifiable and actual emissions in a base year not
earlier than 1987, except that 1985 or 1986 may be used as a base year
if the emissions data are based on information received before November
15, 1990. In the Metro-East St. Louis nonattainment area, only one
applicable facility has committed to the early reduction program. Under
the program, such commitments are federally enforceable. The reduction
in VOC from this facility due to the program, therefore, is creditable.
3. Area Sources
a. Stage II Vapor Recovery. On August 13, 1992, Illinois adopted
Stage II vapor recovery rules, which require the return of gasoline
vapors to underground storage tanks during automobile refueling. Full
phase-in of the requirements occurred on November 1, 1994. EPA approved
these rules on January 12, 1993 (58 FR 3841).
The IEPA has monitored the effectiveness of the Stage II
regulations and the status of service station compliance. The Stage II
controls have been established at most service stations in the Chicago
nonattainment area and have been certified to reduce VOC emissions by
at least 95 percent. The emission reduction estimates derived from this
observation are acceptable.
b. Architectural Coating. EPA is in the process of adopting a
national rule applicable to manufacturers of AIM coatings. EPA proposed
this rule on June 25, 1995 (61 FR 32729). Based on EPA policy
memoranda, the State has assumed that an emission reduction credit of
20 percent could be taken for this source category. Even though the
final rule has not been promulgated, and the compliance with the rule
is not expected until 1998, the EPA is allowing States to take credit
for 20
[[Page 66290]]
percent emission reduction credit for this source category, relative to
1990 emission levels. See ``Credit for the 15 Percent Rate-Of-Progress
Plans for Reductions from the AIM Coating Rule,'' March 22, 1995, and
``Update on the Credit for the 15 Percent Rate-Of-Progress Plans for
Reductions from the Architectural and Industrial Maintenance Coatings
Rule,'' March 7, 1996. The State has calculated emission reductions for
architectural coatings separate from the traffic marking and
maintenance coating provisions of the AIM rule. The State's emission
reduction estimates for architectural coatings are acceptable.
c. Traffic Marking and Maintenance Coating. The State has chosen to
rely on the Federal AIM rule (now expected to be implemented in 1998)
for emission reductions in this source category. Although EPA policy
memoranda,''Credit for the 15 Percent Rate-Of-Progress Plans for
Reductions from the Architectural and Industrial Maintenance Coating
Rule,'' March 22, 1995, and ``Update on the Credit for the 15 Percent
Rate-Of-Progress Plans for Reductions from the Architectural and
Industrial Maintenance Coatings Rule,'' March 7, 1996, indicated that
the State can assume a 20 percent emission reduction for this source
category, the State notes that a more appropriate method for
determining the emission reduction for traffic marking and maintenance
coatings would involve consideration of the VOC content limit (150
grams VOC/liter coating) proposed in EPA's draft AIM rule. Data
supplied by the Illinois Department of Transportation indicates that
the median VOC content in traffic/maintenance coatings in the State of
Illinois in 1990 was 413 grams/liter coating (this median VOC content
level is assumed to apply to both ozone nonattainment areas in the
State). Comparing the proposed limit to this median VOC content level
indicates that a 63.7 percent reduction in VOC emissions would occur if
the proposed VOC content limit were attained. This leads to VOC
reduction estimates of 3.73 TPD for the Chicago area and 0.62 TPD for
the Metro-East St. Louis area. These estimates are acceptable.
d. Underground Gasoline Storage Tank Breathing Controls. The State
rule, adopted by the State on September 15, 1994, requires the
installation of Pressure/Vacuum relief-control valves (P/V valves) on
gasoline storage tank vents by March 15, 1995. The P/V valves must
remain closed against tank pressures of at least 3.5 inches water
column and tank vacuums of at least 6 inches water column. Gasoline
storage tank owners must maintain records of malfunctions and repairs
and must register installation of the P/V valves with the IEPA prior to
March 15, 1995. The P/V valves must be tested annually and the owners
must keep records of the tests. EPA approved this rule on March 23,
1995 (60 FR 15233).
The IEPA estimates that this rule will reduce gasoline breathing
emissions by 90 percent. This emission reduction estimate is acceptable
as are the emission reduction credits claimed for the Chicago and
Metro-East St. Louis areas.
e. Consumer and Commercial Solvents. The March 23, 1995 Federal
Register contained EPA's list of affected product categories and
schedule for regulation of consumer and commercial solvent contents as
required by section 183(e) of the Act. The EPA intends to regulate the
solvent contents in 24 product categories. The Federal Register action
states that the EPA expects the regulation to achieve a 25 percent
reduction in VOC emissions from the regulated product categories. This
regulation was scheduled to be promulgated in 1996. Under EPA policy
memorandum ``Regulatory Schedule for Consumer and Commercial Products
under Section 183(e) of the Clean Air Act,'' June 22, 1995, EPA will
grant an emission reduction credit for this source category even though
emission reductions are not expected to occur until after 1996.
The IEPA cites an EPA study which states that the best estimate of
VOC emissions for consumer and commercial products is 8.03 pounds per
person per year. The study further states that the Federal regulation
of consumer and commercial product solvents is expected to reduce these
emissions by 1 pound per person per year. Using the 1996 projected
populations and the ratio of 6.3 pounds VOC per person per year used
for this source category in the 1990 base year emissions inventory to
the 8.03 pounds per person per year specified in the EPA study, the
IEPA has determined that the Federal rule gives an 8.10 tons VOC per
day reduction in the Chicago ozone nonattainment area and a 0.58 tons
VOC per day reduction in the Metro-East St. Louis ozone nonattainment
area. The emission reduction credits are acceptable.
III. Public Comments and Response
During the 30-day public comment period for the July 14, 1997,
proposed rulemaking, EPA received two comment letters adverse to
approval of the Chicago and Metro-East area 15 percent plans: an August
13, 1997, letter from the American Lung Association of Metropolitan
Chicago, Citizens for a Better Environment (Wisconsin), Citizens
Commission for Clean Air in the Lake Michigan Basin, the Hoosier
Environmental Council, the Illinois Chapter of the Sierra Club, and the
Michigan Environmental Council (ALA et al); and an August 6, 1997
letter from a concerned citizen. The following discussion summarizes
the comments and EPA's response to those comments.
A. Post-1996 Federal Measures
Comments: ALA et al indicate that Illinois should not be allowed to
take credit for certain federal control measures which were not
implemented by November 15, 1996, including Federal Non-Road Small
Engine Standards, TSDF RACT Phase II, AIM coating, and Consumer and
Commercial Products Solvent Control. According to the commenters,
section 182(b)(1) of the Act clearly requires States to submit plans
that demonstrate a 15 percent emission reduction before November 15,
1996. The commenters also state the policy memoranda regarding credit
for post-1996 measures cited in the July 14, 1997, proposed rulemaking
provide no good basis for thwarting the clear intent and requirements
of the Clean Air Act, and were issued without formal public comment.
Response: Section 182(b)(1)(A) of the Act requires States to submit
their 15% SIP revisions by November 15, 1993. Section 182(b)(1)(C) of
the Act provides the following general rule for creditability of
emissions reductions toward the 15 percent requirement: ``Emissions
reductions are creditable toward the 15 percent required, to the extent
they have actually occurred, as of [November 15, 1996], from the
implementation of measures required under the applicable implementation
plan, rules promulgated by the Administrator, or a permit under Title
V.'' In addition, section 182(b)(1)(D) identifies specific control
measures which cannot be creditable toward the 15 percent plan,
including pre-1990 FMVCP, 1990 RVP, RACT fix-ups, and I/M fix-ups.
Between 1992 and 1996, EPA issued a series of policy memoranda
indicating its intention to implement several federal measures before
November 15, 1996, and provided emission reductions estimates from
these measures for States to use in their 15 percent plans. However,
several federal measures have been significantly delayed. By the time
it was realized that some federal measures would not be implemented by
November 1996, several States had already completed and submitted their
[[Page 66291]]
15 percent plans relying on the federal measures.
Section 182(b)(1)(C) is ambiguous as to whether emission reductions
from federal measures expected to occur by November 1996 are creditable
now that the deadline has passed. Read literally, section 182(b)(1)(C)
provides that although the 15 percent SIPs are required to be submitted
by November 1993, emissions reductions are creditable as part of those
SIPs only if ``they have actually occurred, as of [November 1996]''.
This literal reading renders the provision internally inconsistent.
Accordingly, EPA believes that the provision should be interpreted to
provide, in effect, that emissions reductions are creditable ``to the
extent they will have actually occurred, as of [November 1996], from
the implementation of [the specified measures]'' (the term ``will'' is
added). This interpretation renders the provision internally
consistent.
Moreover, section 182(b)(1)(C) of the Act explicitly includes as
creditable reductions those resulting from ``rules promulgated by the
Administrator.'' This provision does not state the date by which those
measures must be promulgated, i.e., does not indicate whether the
measures must be promulgated by the time the 15% SIPs were due
(November 1993), or whether the measures may be promulgated after this
due date.
Because the statute is silent on this point, EPA has discretion to
develop a reasonable interpretation, under Chevron U.S.A. Inc. v. NRDC,
467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). EPA believes it is
reasonable to interpret section 182(b)(1)(C) of the Act to credit
reductions from federal measures as long as those reductions were
expected to occur by November, 1996, even if the federal measures are
not promulgated by the November 1993 due date for the 15 percent SIPs.
EPA's interpretation is consistent with the Congressionally
mandated schedule for promulgating regulations for consumer and
commercial products, under section 182(e) of the Act. This provision
requires EPA to promulgate regulations controlling emissions from
consumer and commercial products that generate emissions in
nonattainment areas. Under the schedule, by November 1993--the same
date that the States were required to submit the 15% SIPs--EPA was to
issue a report and establish a rulemaking schedule for consumer and
commercial products. Further, EPA was to promulgate regulations for the
first set of consumer and commercial products by November 1995. It is
reasonable to conclude that Congress anticipated that reductions from
these measures would be creditable as part of the 15% SIPs.
Since all the federal measures Illinois relied on were expected to
occur by November 1996, these measures are creditable for purposes of
the 15 percent plan. It is not intended under section 182(b)(1)(C) of
the Act for EPA to disapprove 15 percent plans which claim credit for
federal measures which were not implemented as was expected during plan
development. To interpret the Act otherwise would unfairly punish the
State for delays in federal rule implementation for which the State had
no power to control.
In addition, all the post-1996 federal measures for which Illinois
has claimed credit are close to being implemented since the measures
either have been promulgated or have been proposed. The following table
indicates the post-1996 federal measures included in Illinois' 15
percent plans, the statutory provisions which require the measures'
promulgation, and the status of the measures' implementation:
----------------------------------------------------------------------------------------------------------------
Federal measure Statutory requirement Status
----------------------------------------------------------------------------------------------------------------
Non-road Engines 25 hp and below Act Section 213(a)(2).................. Phase I standards published July 3,
(Phase I). 1995 (60 FR 34582).
Final Compliance date MY 1997,
except Class V engine families,
which must comply January 1, 1998.
TSDF RACT and RCRA Phase II RCRA Section 3004(n)................... Final rule published December 6,
Control. 1994 (59 FR 62896).
Final Compliance Date December 8,
1997 (61 FR 59932).
AIM Coatings...................... Act Section 183(e)(3).................. Proposed rule published June 25,
1996 (61 FR 32729).
Traffic and Maintenance Coatings.. Act Section 183(e)(3).................. Proposed rule published June 25,
1996 (61 FR 32729).
Consumer and Commercial Products.. Act Section 183(e)(3).................. Proposed rule published April 2,
1996 (61 FR 14531).
----------------------------------------------------------------------------------------------------------------
To exclude credit for these mandated federal measures would mean
the State would have to develop and submit a new 15 percent plan and
adopt substitute State measures. This would force the State to achieve
more than a 15 percent emission reduction once the reductions from the
mandated federal measures occur. EPA believes this over compliance with
the 15 percent requirement would not be supported by the intent of the
Act and would be unreasonably burdensome for the State, especially
since the State is already obligated to secure substantial additional
VOC reductions in the Chicago area to meet post-1996 ROP requirements.
The fact that EPA cannot determine precisely the amount of credit
available for federal measures not yet promulgated does not preclude
granting the credit. The credit can be granted as long as EPA is able
to develop reasonable estimates of the amount of VOC reductions from
the measures EPA expects to promulgate. EPA believes that it is able to
develop reasonable estimates, particularly because EPA has either
already proposed or promulgated the measures at issue. Many other parts
of the SIP, including State measures, typically include estimates and
assumptions concerning VOC amounts, rather than actual measurements.
For example, EPA's document to estimate emissions, ``Compilation of Air
Pollutant Emission Factors,'' January 1995, AP-42), provide emission
factors used to estimate emissions from various sources and source
processes. AP-42 emission factors have been used, and continue to be
used, by States and EPA to determine base year emission inventory
figures for sources and to estimate emissions from sources where such
information is needed. Estimates in the expected amount of VOC
reductions are commonly made in air quality plans, even for those
control measures that are already promulgated. Moreover, the fact that
EPA is occasionally delayed in its rulemaking is not an argument
against granting credits from these measures. The measures are
statutorily required, and States and citizens could bring suit to
enforce the requirements that EPA promulgate them. If the amount of
credit that EPA allows the State to claim turns out to be greater than
the amount EPA determines to be appropriate when EPA promulgates the
federal measures, EPA intends to take appropriate action to require
correction of any shortfall in necessary emissions reductions that may
occur.
The above analysis focuses on the statutory provisions that include
[[Page 66292]]
specific dates for 15 percent submittal (November 1993) and
implementation (November 1996). These dates have expired, and EPA has
developed new dates for submittal and implementation. EPA does not
believe that the expiration of the statutory dates, and the development
of new ones, has implications for the issue of whether reductions form
federal measures promulgated after the date of the 15 percent SIP
approval may be counted toward those 15 percent SIPs. Although the
statutory dates have passed, EPA believes that the analysis described
above continues to be valid.
B. Rule Effectiveness Improvements
Comments: ALA et al indicate that the rule effectiveness
improvement credit is an ``extraordinarily large paper reduction,'' and
that neither Illinois nor EPA have adequately demonstrated that 95
percent rule effectiveness has been or will be achieved in light of
changes to Title V monitoring requirements under the upcoming CAM rule.
The commenters also note that the emission reduction credit given for
rule effectiveness improvements in the Chicago area is comparable to
the emission reduction credit given for reformulated gasoline in the
Milwaukee ozone nonattainment area. The commenters find their concerns
substantiated by a recent University of Southern California study which
found that industrial sources in Houston have been emitting VOC
hundreds of times more than what has been reported. Also, the
commenters claim that neither Illinois nor EPA could provide the
commenters a complete list of Illinois sources subject to non-CTG RACT
requirements, or compliance information related to these sources, even
after the commenters submitted a Freedom of Information Act (FOIA)
request to the IEPA. The commenters recommend that credit should be
allowed for only 85 percent rule effectiveness for most sources until
the actual changes are verified through the 1996 update to Illinois'
emission inventories.
Response: The CAAPP program realizes VOC emission reductions
through improving the implementation of existing VOC add-on control
requirements in the Chicago and Metro-East areas. CAAPP requires more
stringent record keeping, reporting, compliance certification, and
monitoring requirements, and provides more severe enforcement penalties
than the existing State rules. These provisions, in turn, assure higher
rates of compliance, and, correspondingly, lower emissions from the
sources.
As was indicated in the July 14, 1997, direct final rule, IEPA's
rule effectiveness evaluation is reported in the April 1995 document,
``Impact of Clean Air Act Permit Program on Inventory Rule
Effectiveness,'' included in the State submittal. One of the elements
of the CAAPP program considered in the Illinois rule effectiveness
evaluation was Title V enhanced monitoring. After IEPA completed the
study, however, EPA decided to promulgate more flexible Title V
monitoring requirements known as CAM.
The original enhanced monitoring program would have required many
affected facilities to install expensive Continuous Emission Monitoring
Systems (CEMS) or develop other monitoring directly correlated with
emission values. After consultation with stakeholders, EPA decided that
such requirements would be overly prescriptive and excessively
burdensome for many industries to install and operate CEMS and on State
and local agencies in implementing their operating permit programs. On
October 22, 1997, the EPA promulgated the final CAM rule (62 FR 54899),
which requires monitoring of operating parameters of add-on control
equipment to assure compliance. The CAM rule is much less burdensome to
administer by State and Local agencies than the original enhanced
monitoring program, allowing agencies to direct resources in assuring
compliance more effectively. Furthermore, the CAM rule covers more
sources than the original enhanced monitoring proposal. The rule also
provides State and local agencies an additional enforcement tool to
address persistent control device operation problems through a Quality
Improvement Plan (QIP). A QIP is a comprehensive two-step evaluation
and correction process that will require the facility owner to prepare
a formal plan and a schedule for correcting control device problems.
Such activities may include significant repairs to or even replacement
of control devices. The QIP provisions are intended to provide
compliance assurance benefits equivalent to the direct monitoring
provisions contained in the original enhanced monitoring. Finally,
sources already subject to more stringent monitoring requirements are
not provided any additional flexibility under CAM, and CAM does not
affect the stringency of any other record keeping, reporting and
compliance certification requirements required under CAAPP. For these
reasons, the EPA finds that the CAM rule does not negatively impact
Illinois' estimate of rule effectiveness improvement from CAAPP.
EPA is not required under the Act to withhold 15 percent plan
credit from control measures until the actual reduction is verified.
Rather, EPA interprets section 182(b)(1) of the Act to allow States to
rely on reasonable estimates of emission reductions when developing the
15 percent plans. The State's report ``Impact of the CAAPP on Inventory
Rule Effectiveness,'' represents a reasonable estimate of rule
effectiveness improvement due to CAAPP. It should also be noted that
Illinois' rule effectiveness improvement estimate is consistent with
EPA's Regulatory Impact Analysis (RIA) for the new ozone NAAQS, which
found 95 percent rule effectiveness to be the most representative value
for proposed Act control assumptions (See appendix A of the RIA for the
July 18, 1997 ozone NAAQS). To the extent that future verification of
the rule effectiveness improvements from CAAPP demonstrates less
emission reductions than anticipated, Illinois will be expected to make
up the shortfall.
The Milwaukee area 15 percent plan is not an appropriate basis from
which to judge the reasonableness of the Chicago 15 percent plan's rule
effectiveness improvement credit. This is because the two plans are
based on vastly different emission baselines (see EPA's March 22, 1996,
approval of the Milwaukee 15 percent ROP plan (61 FR 11735)). There is
significantly more industrial activity and vehicle miles traveled in
the Chicago area compared to the Milwaukee area, and, correspondingly,
control measures implemented in the Chicago area achieve a higher
aggregate emission reduction than similar control measures in
Milwaukee. The 1990 base-year emission inventory for the Milwaukee area
is 559.9 TPD of VOC, while the 1990 inventory for the Chicago area is
1,363.4 TPD. The commenters note that the emission reduction estimate
for improved rule effectiveness in Chicago (26.3 TPD), is comparable
with the emission estimate of reformulated gasoline in Milwaukee (34.06
TPD accounting for both reformulated gasoline and enhanced I/M).
However, the reformulated gasoline program in Chicago alone secures a
112.79 TPD emission reduction. Given this disparity, the EPA finds the
emission reduction estimates in the Milwaukee and Chicago 15 percent
plans are incomparable for purposes of the determining the adequacy of
either plan.
Finally, in regard to the commenters' concern regarding non-CTG
sources,
[[Page 66293]]
EPA contacted IEPA to determine the status of the FOIA request for a
complete list of non-CTG sources in the Chicago area. IEPA has
indicated that it responded by sending two lists to Citizens for a
Better Environment, a January 25, 1996, list of non-CTG sources with
Maximum Theoretical Emissions (MTE) of 100 TPY of VOC and above, and a
May 16, 1996, list of sources which emit greater than or equal to 100
TPY of VOC. IEPA also provided to the American Lung Association of
Metropolitan Chicago a list of non-CTG sources with a Potential To Emit
(PTE) of greater than or equal to 25 TPY of VOM, and Maximum
Theoretical Emissions (MTE) of less than 100 TPY of VOC. These lists
should have been sufficient to meet the commenters' requests. If the
commenters' would like additional information about these lists, the
commenters should contact the IEPA.
C. Plant Closures
Comments: ALA et al indicated that it is unclear how the emission
reduction credits associated with plant shutdowns were calculated, and
that Illinois should receive only credit equal to the extra emissions
that were built into the 1996 projections specifically for the
individual facilities that have shut down. The commenters also note
that EPA should make it clear that no market-based credits can be
attributed to these shutdowns once the reductions have been credited
toward a SIP. This prohibition should apply to New Source Review (NSR)
offset credits and any credits or allowances that are transacted as
part of Illinois' proposed VOC cap and trade program.
Response: Each plant shutdown emission estimate represents the
projected 1996 VOC emission estimate used in calculating the State's
overall emission reduction requirement under the 15 percent plan.
Section 182(b)(1) requires the 15 percent emission reduction to account
for source growth, so IEPA had factored into its 15 percent calculation
what emissions would be in 1996 had no 15 percent control strategies
occurred. (See Guidance for Growth Factors, Projections, and Control
Strategies for the 15 Percent Rate-of-Progress Plans for more detailed
discussion on the growth projection requirement). Because IEPA used
projected 1996 emissions from the closed plants when calculating the
emission reduction needed for 15 percent reduction, the IEPA claimed
those 1996 projections as creditable emission reductions in the 15
percent plan. The projected 1996 emissions were calculated using EGAS
growth factors for specific emission units. These same growth factors
were used to determine the plant closure emission reductions.
Therefore, Illinois has received plant closure credit equal to the
emission projections built into the 15 percent requirement calculation.
As for the concern regarding the double-counting of emission
reductions from plant closures in other VOC control programs, the
State's NSR rules prohibit source closure reductions which are credited
toward ROP to be used to meet NSR offset requirements. Illinois adopted
a VOC trading program on November 20, 1997, as part of its post-1996
ROP plan. Under the rules, no shutdown emissions reduction claimed in
the 15 percent plan can be used as credits in the trading program.
D. Stage II Gasoline Vapor Recovery
Comments: A comment from a citizen indicates that emission
reductions associated with the Stage II vapor recovery rule are being
overestimated because of low levels of cooperation with the rule. This
comment was made based on visits to five gasoline dispensing stations
in the Chicago nonattainment area and finding four of the stations have
either ``no controls'' or ``breaks in the existing controls.''
Specifically, out of the five stations the commenter visited, the
commenter contends that one station has all boots, one station has ``no
vapor controls,'' one station has ``no boots,'' and two stations have
``some broken or missing boots.''
Response: The IEPA has indicated that the four stations in question
have been inspected according to an annual inspection schedule and use
Stage II equipment which do not need boots to work effectively. The
``boot'' the commenter refers to is the device used in conjunction with
a particular Stage II control system called the ``vapor balance
system.'' The vapor balance system collects vapors by using the
displacement pressure between the vehicle tank and the station's
underground tank during vehicle refueling. For the vapor balance system
to work effectively, a tight seal must be made at the interface between
the gasoline dispensing nozzle and the vehicle fuel inlet. The boot, or
bellow, is the device fitted onto the nozzle which creates the tight
seal during refueling.
Another type of Stage II system, known as a ``vacuum assist
system'' draws in vapors during refueling by using a vacuum-generating
device. Because of this design, vacuum assist systems can recover
vapors effectively without a tight seal at the nozzle/fillpipe
interface. Therefore, boots are not needed for assist systems, and the
lack of a boot is by itself no indication that the gasoline dispensing
nozzle has no Stage II control.
The four stations considered by the commenter to be out of
compliance are all registered with the IEPA to use vacuum assist
systems, while the one station considered by the commenter to be in
compliance uses a vapor balance system. The commenter apparently
assumes that all Stage II systems utilize balance systems with booted
nozzles and used their existence as evidence of a Stage II vapor
recovery system, or more importantly, that their absence indicates no
vapor recovery system. Both vapor balance and vacuum assist systems are
required under Illinois' Stage II rules to be certified by CARB to have
a 95 percent control efficiency. The IEPA has conducted inspections of
the five stations between December 1996 and January 1997, in accordance
with an annual Stage II inspection program, and has found that all five
stations use Stage II equipment which meet the CARB certification
requirement. Therefore, unless the IEPA discovers compliance violations
at the stations at future inspections, the EPA assumes the stations to
be in compliance with Stage II controls.
In addition, it should be noted that the IEPA has built into its
Stage II emission reduction estimates the assumption that not all
gasoline dispensing stations in the Chicago nonattainment area may be
in compliance at all times; malfunctions in the Stage II equipment can
occur. Therefore, IEPA used EPA guidance to determine the in-use
efficiency of its overall Stage II program. (See ``Technical Guidance--
Stage II Vapor Recovery Systems for Control of Vehicle Refueling
Emissions at Gasoline Dispensing Stations,'' November 1991). Under the
Technical guidance, the State's throughput exemption level of 10,000
gallons per month, combined with an annual inspection frequency yields
a program efficiency of 84 percent. Illinois has applied the in-use
efficiency of 84 percent when calculating the emission reduction
estimate for this source category.
Because the four stations the commenter believed to be out of
compliance use Stage II equipment which were found to be in compliance
at the time of the most recent IEPA inspection, and that equipment
malfunctions are taken into account in IEPA's emission reduction
estimate for the Stage II program, the EPA finds IEPA's estimate of
Stage II emission reductions is reliable.
[[Page 66294]]
IV. EPA Rulemaking Action
The EPA is approving, through final rulemaking action, Illinois' 15
percent ROP and 3 percent contingency plan SIP revisions for the
Chicago and Metro-East St. Louis ozone nonattainment areas, and the
Metro East St. Louis TCM work trip reductions; transit improvements;
and traffic flow improvements.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
V. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the Act
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the Act, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The Clean Air Act forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S.
246, 256-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. This Federal action approves pre-existing requirements under
state or local law, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or the private
sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 17, 1998. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone.
Dated: December 5, 1997.
Michelle D. Jordan,
Acting Regional Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart O--Illinois
2. Section 52.726 is amended by adding paragraphs (p), (q), and (r)
to read as follows:
Sec. 52.726 Control Strategy: Ozone.
* * * * *
(p) Approval--On November 15, 1993, Illinois submitted 15 percent
rate-of-progress and 3 percent contingency plans for the Chicago ozone
nonattainment area as a requested revision to the Illinois State
Implementation Plan. These plans satisfy sections 182(b)(1), 172(c)(9),
and 182(c)(9) of the Clean Air Act, as amended in 1990.
(q) Approval--On November 15, 1993, Illinois submitted 15 percent
rate-of-progress and 3 percent contingency plans for the Metro-East St.
Louis ozone nonattainment area as a requested revision to the Illinois
State Implementation Plan. These plans satisfy sections 182(b)(1) and
172(c)(9) of the Clean Air Act, as amended in 1990.
(r) Approval--On November 15, 1993, Illinois submitted the
following transportation control measures as part of the 15 percent
rate-of-progress and 3 percent contingency plans for the Metro-East
ozone nonattainment area: Work trip reductions; transit improvements;
and traffic flow improvements.
[FR Doc. 97-32641 Filed 12-17-97; 8:45 am]
BILLING CODE 6560-50-U
