[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5291-5295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2966]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL132-2-7237; FRL-5418-6]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Environmental Protection Agency (USEPA) is
approving Illinois' request to exempt the Chicago ozone nonattainment
area from the applicable oxides of nitrogen (NOX) transportation
conformity requirements. The Chicago ozone nonattainment area is
classified as severe nonattainment for ozone. The request is based on
the urban airshed modeling (UAM) conducted by the Lake Michigan Ozone
Control Program (LMOP) which shows that additional NOX reductions
in the Chicago area will not contribute to attainment of the ozone
standard. Approval of this NOX exemption for transportation
conformity will simplify the process of demonstrating that
transportation plans and projects will not contribute to violations of
the ozone standard. Comments received on the August 16, 1995, proposal
are addressed in this rulemaking. The continued approval of this
exemption is contingent on the results of subsequent modeling including
the final ozone attainment demonstration and plan for the Chicago
nonattainment area. This plan is expected to be submitted by mid-1997
and to incorporate the results of the Ozone Transport Assessment Group
(OTAG) process. The attainment plan will supersede the initial modeling
results as the basis for the waiver which USEPA is granting in this
notice. If the attainment plan relies on NOX controls on mobile
sources in the Chicago ozone nonattainment area to demonstrate
attainment, the NOX waiver for transportation conformity will be
reconsidered. To the extent the final plans achieve attainment of the
ozone standard without additional NOX reductions from mobile
sources, the NOX exemption would continue. USEPA's rulemaking
action to reconsider the initial NOX waiver may occur
simultaneously with rulemaking action on the attainment plans. This
NOX waiver approval does not change the transportation conformity
requirement for a NOX budget test unless the attainment SIP shows
that NOX emissions could grow without limit without threatening
attainment (as described in the November 14, 1995, amendment to the
conformity rule).
EFFECTIVE DATE: This action will be effective March 13, 1996.
ADDRESSES: Copies of the documents relevant to this action are
available for inspection at the following address: U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois, 60604.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Regulation
Development Section, Regulation Development Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois, 60604. (312) 353-8656.
SUPPLEMENTARY INFORMATION:
I. Background
Clean Air Act section 176(c)(3)(A)(iii) requires, in order to
demonstrate conformity with the applicable State Implementation Plan
(SIP), that transportation plans and transportation improvement
programs (TIPs) contribute to emissions reductions in ozone
nonattainment areas during the period before control strategy SIPs are
approved by USEPA. This requirement is implemented in 40 CFR 51.436
through 51.440 (and 93.122 through 93.124), which establishes the so-
called ``build/no-build test.'' This test requires a demonstration that
the ``Action'' scenario (representing the implementation of the
proposed transportation plan/TIP) will result in lower motor vehicle
emissions than the ``Baseline'' scenario (representing the
implementation of the current transportation plan/TIP). In addition,
the ``Action'' scenario must result in emissions lower than 1990
levels.
The November 24, 1993, final transportation conformity rule does
not require the build/no-build test and less-than-1990 test for
NOX as an ozone precursor in ozone nonattainment areas where the
Administrator determines that additional reductions of NOX would
not contribute to attainment of the National Ambient Air Quality
Standard (NAAQS) for ozone. Clean Air Act section 176(c)(3)(A)(iii),
which is the conformity provision requiring contributions to emission
reductions before SIPs with emissions budgets can be approved,
specifically references Clean Air Act section 182(b)(1). That section
requires submission of State plans that, among other things, provide
for specific annual reductions of volatile organic compounds (VOCs) and
NOX emissions ``as necessary'' to attain the ozone standard by the
applicable attainment date. Section 182(b)(1) further states that its
requirements do not apply in the case of NOX for those ozone
nonattainment areas for which USEPA determines that additional
reductions of NOX would not contribute to ozone attainment.
As explained below, the USEPA thru an amendment to it's
transportation conformity rule, has changed the procedural mechanism
through which a NOX exemption from transportation conformity would
be granted. Instead of a petition under 182(f), transportation
conformity NOX exemptions for ozone nonattainment areas that are
subject to section 182(b)(1) need to be submitted as a SIP revision
request. The Chicago ozone nonattainment area is classified as severe
and, thus, is subject to section 182(b)(1).
The USEPA published on August 29, 1995, an interim final rule (60
FR 44762) which amended the transportation conformity rule and changed
the statutory authority from 182(f) to 182(b)(1) of the Act for areas
that are subject to section 182(b)(1). The interim final rule was
effective immediately upon publication and provides the means for
exempting areas subject to 182(b)(1) from NOX provisions of the
transportation conformity rule. In conjunction with the interim rule,
USEPA published a proposal providing for further amendments to the
transportation conformity rule and describing how USEPA intended to
process section 182(b)(1) NOX waivers (60 FR 44790). On November
14, 1995, the USEPA published a final rule (60 FR 57179)
[[Page 5292]]
after completing notice-and-comment rulemaking, which includes the
provisions of the August 29, 1995, interim rule. The November 14, 1995,
rule also addresses the NOX budget requirement.
The June 20, 1995, SIP revision request from Illinois, has been
submitted to meet the requirements of section 182(b)(1). A public
hearing on this SIP revision request was held on July 17, 1995. The
USEPA proposed to approve the SIP revision request on August 16, 1995,
(60 FR 42491).
The Chicago severe ozone nonattainment area includes the Counties
of Cook, DuPage, Grundy (Aux Sable and Gooselake Townships), Kane,
Kendall (Oswego Township), Lake, McHenry, and Will. In evaluating the
SIP revision request, the USEPA considered whether additional NOX
reductions would contribute to attainment of the standard in the
Chicago area and also in the downwind areas of the LMOP modeling
domain.
As outlined in relevant USEPA guidance, the use of photochemical
grid modeling is the recommended approach for testing the contribution
of NOX emission reductions to attainment of the ozone standard.
A summary of the UAM modeling and USEPA's review of the modeling
and submittal are contained in the August 16, 1995, proposed rule (60
FR 42491). Review of the modeling results show a very definite
directional signal indicating that application of NOX controls in
the Chicago ozone nonattainment area would exacerbate peak ozone
concentrations not only in the Chicago area but also in the LMOP
modeling domain. The LMOP modeling domain includes northern Indiana,
western Michigan and eastern Wisconsin. The States and the Lake
Michigan Air Directors Consortium (LADCo) have completed the validation
process for the UAM modeling system to be used in the demonstration of
attainment for the LMOP modeling domain.
II. Response to Comments on the Proposal
Four sets of comments were received on the proposed approval of the
NOX waiver. The Illinois Department of Transportation commented
positively on the approval of the waiver. The comments opposed to the
approval of the waiver are summarized in this section.
Comment
The State of New York is concerned by the claim that VOC only
controls reduce both peak ozone and geographic extent of ozone
exposure. Modeling in the northeast shows a need for NOX
reductions as well as VOC to reduce regional ozone. The model
assumptions are questioned: whether the Federal motor vehicle control
program (FMVCP) is assumed in future year (1996 and 2007) emission
inventories; how the transport and boundary conditions were modeled;
and how modeling across the board reductions are adequate for a
specific source category exemption.
Response
Reductions from the FMVCP were assumed for the 1996 and 2007
emissions inventories for the UAM modeling.
Several modeling and data analyses were performed by Illinois and
the Lake Michigan Air Directors Consortium (LADCO) [the technical
representatives of the States in the LMOP] to examine the relative
benefits of VOC versus NOX emission controls. The modeling
analyses included emissions sensitivity tests for several different
basecase scenarios, including: (1) An original base period emissions
inventory; (2) increased VOC emissions in the base period inventory
(higher VOC/NOX ratios); (3) increased base period VOC/NOX
ratios through either increased VOC emissions or decreased NOX
emissions; and (4) differences in photochemistry photolysis rates as
applied in the Urban Airshed Model--Version IV (UAM-IV) (the
photochemical dispersion model generally accepted and supported by the
EPA) and in UAM-V (the photochemical dispersion model approved by the
EPA for use in the LMOP).
Despite differences in the absolute and relative amounts of VOC and
NOX emissions in the sensitivity analyses, the analyses found that
the modeled domain-wide peak ozone concentration, the coverage of
modeled ozone concentrations exceeding 120 parts per billion (ppb), and
the number of hours with modeled ozone concentrations exceeding 120
ppb, decreased in response to VOC emission reductions and increased in
response to NOX emission reductions (up to more than 60 percent
controls for some episode analysis days) for all modeled episodes.
VOC and NOX emission reductions were found to produce
different impacts spatially. In and downwind of major urban areas,
within the ozone nonattainment areas, VOC reductions were effective in
lowering peak ozone concentrations, while NOX emission reductions
resulted in increased peak ozone concentrations. Farther downwind,
within attainment areas, VOC emissions reductions became less effective
for reducing ozone concentrations, while NOX emission reductions
were effective in lowering ozone concentrations. It must be noted,
however, that the magnitude of ozone decreases farther downwind due to
NOX emission reductions was less than the magnitude of ozone
increases in the ozone nonattainment areas as a result of the same
NOX emission reductions.
Analyses of ambient data by LMOP contractors provided results which
corroborated the modeling results. These analyses identified areas of
VOC- and NOX-limited conditions (VOC-limited conditions would
imply a greater sensitivity of ozone concentrations to changes in VOC
emissions. The reverse would be true for NOX-limited conditions)
and tracked the ozone and ozone precursor concentrations in the urban
plumes as they moved downwind. The analyses indicated VOC-limited
conditions in the Chicago/Northwest Indiana and Milwaukee areas and
NOX-limited conditions further downwind. These results imply that
VOC controls in the Chicago/Northwest Indiana and Milwaukee areas would
be more effective at reducing peak ozone concentrations within the
severe ozone nonattainment areas.
The consistency between the modeling results and the ambient data
analysis results for all episodes with joint data supports the view
that the UAM-V modeling system developed in the LMOP may be used to
investigate the relative merits of VOC versus NOX emission
controls. The UAM-V results for all modeled episodes point to the
benefits of VOC controls versus NOX controls in reducing the
modeled domain peak ozone concentrations.
Comment
There have been monitored violations of the ozone standard in the
Chicago nonattainment area within the past year. Therefore, a NOX
exemption for the Chicago area would seem to conflict with the intent
of the 1990 amendments to the Act.
Response
This NOX exemption is based on the UAM submittals which
demonstrate that NOX reductions will not contribute to reaching
attainment of the ozone standard by the 2007 attainment date as
required by the Act. In such circumstances, the Act explicitly provides
that the relevant area may be granted a waiver from the requirement to
adopt and implement NOX control measures.
[[Page 5293]]
Comment
NYSDEC requested additional time to better review the technical
details of the modeling performed for the Chicago area and that all
waivers be delayed until the review is complete.
Response
The LADCo modeling has been available to any interested parties
since the modeling was initiated. Further, the docket records contain
the submittal summarizing the results of the model runs conducted to
support the NOX waiver petition. These modeling results have been
available to the public since July 13, 1994, when LADCo originally
submitted the request for the USEPA to approve the NOX waiver
under section 182(f) for RACT, NSR and conformity. On March 6, 1995,
the USEPA proposed to approve the section 182(f) NOX waiver for
the Lake Michigan area. The modeling has been available as part of the
docket file for this proposed approval. Therefore, USEPA does not
believe it is appropriate to delay action on the waiver request.
Comment
NYSDEC disagrees that the NOX waiver rule should be a Table 3
action for signature by the Regional Administrator and because of the
national implications of the NOX exemption believes it should be a
Table 1 action.
Response
The NOX waiver for transportation conformity is a SIP revision
request submitted by the State of Illinois. SIP revisions have been
delegated to the Regional Administrator for signature under the
procedures published in the Federal Register on January 19, 1989 (54 FR
2214-2225), as revised by a July 10, 1995, memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation. This NOX
waiver is applicable only for the purpose of relieving the need to meet
the interim transportation conformity test for the Chicago area. In
addition, the policy related to processing the NOX waivers for
transportation conformity has been coordinated at the national level.
Comment
Both Connecticut and the NYSDEC are concerned that the waiver for
Chicago will create economic hardship and a need for increased emission
reductions in the northeast.
Response
The USEPA has taken steps to assure that downwind areas will not be
negatively impacted by NOX exemptions. The USEPA intends to use
its authority under section 110(a)(2)(D) to require a State to reduce
NOX emissions from stationary and/or mobile sources where there is
evidence, such as photochemical grid modeling, showing that the
NOX emissions could contribute significantly to nonattainment in,
or interfere with maintenance by, any other State or in another
nonattainment area within the same State. This action would be
independent of any action taken by USEPA on a NOX exemption
request under section 182(f) or 182(b)(1). That is, USEPA action to
grant or deny a NOX exemption request under section 182(f) or
182(b)(1) for any area would not shield that area from USEPA action to
require NOX emission reductions, if necessary, under section
110(a)(2)(D).
Significant new modeling analyses are being conducted by LADCO,
USEPA and other agencies as part of the Ozone Transport Assessment
Group (OTAG) process. The OTAG is a consultative process among the
eastern States and USEPA. The OTAG process, which ends at the close of
1996, assesses national and regional control strategies, using improved
modeling techniques. The goal of the OTAG process is for USEPA and the
affected States to reach consensus on the additional regional and
national emissions reductions that are needed for attainment of the
ozone standard. Based on the results of the OTAG process, States are
expected to submit by mid-1997 attainment plans which show attainment
through local, regional, and national controls.
The OTAG plans to complete additional modeling between now and
September 1996 using emissions data and strategies currently being
developed among OTAG workgroups. These new analyses will improve the
information available on NOX and VOC impacts on ozone
concentrations both in the LADCO area and over the eastern half of the
United States. These analyses will for example, provide more accurate
boundary conditions for the LADCO area analyses; this provides greater
accuracy in both the attainment plan and in the decision regarding
NOX reductions contribution to attainment.
In light of the modeling completed thus far and considering the
importance of the OTAG and attainment plan modeling efforts, USEPA
grants this waiver on a contingent basis. As the OTAG modeling results
and control recommendations are completed in 1996, this information
will be incorporated into the attainment plans being developed by the
LADCO States. When these attainment plans are submitted to USEPA in
mid-1997, these new modeling analyses will be reviewed to determine if
the NOX waiver should be continued, altered or removed.
The attainment plans will supersede the initial modeling results
which are the basis for the waiver which the USEPA grants in this
notice. To the extent the attainment plans include NOX controls on
certain major stationary sources or mobile sources in the LADCO
nonattainment areas, USEPA will remove the NOX waiver for those
sources. To the extent that plans achieve attainment without additional
NOX reductions from certain sources, the NOX reductions would
be considered excess reductions and, thus, the exemption would continue
for those sources. USEPA's rulemaking action to reconsider this initial
NOX waiver may occur simultaneously with rulemaking action on the
attainment plans.
Comment
The State of Connecticut is concerned that the LADCo modeling does
not look at the larger regional issues. The USEPA Regional Oxidant
Model showed that NOX controls were necessary for large portions
of the United States to reach attainment.
Response
Direct comparisons of ROM and UAM-V results must be conducted with
caution and may produce conflicting results even though both modeling
systems are performing adequately. The UAM-V modeling system is
theoretically more complete and incorporates improved scientific
principles and more area-specific input data. ROM, on the other hand,
is a simpler modeling system with lower spatial resolution, more
uncertain emission estimates, and no special treatment of
meteorological phenomena, such as lake-breeze effects (critical factors
in the Lake Michigan area), and individual source plumes for large
sources. These differences in model formulation and data input
resolution as well as differences in output resolution may preclude
direct comparisons of the two models.
The significant new modeling analyses being conducted by LADCO,
USEPA and other agencies as part of the OTAG process will address the
issues of regional and local transport, as stated above.
Comment
The American Lung Association (ALA) and Citizens Commission for
Clean Air in the Lake Michigan Basin (CCCALMB) comment that
transportation conformity exemptions under section 182(b)(1) waive only
the
[[Page 5294]]
section 176(c)(3)(A)(iii) requirement to contribute to specific annual
reductions of NOX. NOX emissions must still be accounted for
in the modeling and thus Illinois should submit NOX emissions
budgets along with the VOC budgets in the attainment and 15 percent
plan submittals.
Response
The USEPA published a final rule amending the transportation
conformity rule on November 14, 1995, (60 FR 57179) which addresses the
issue of conformity to NOX budgets in control strategy SIPs when a
NOX waiver for transportation conformity has been approved. The
final rule is based on the August 29, 1995, (60 FR 44790) proposed rule
and comments which were received on that proposal. The final rule
requires consistency with NOX motor vehicle emissions budgets in
control strategy SIPs regardless of whether a NOX waiver has been
granted. However, the need to comply with the NOX build/no-build
test and less than 1990 tests for NOX no longer apply to ozone
nonattainment areas receiving a NOX waiver. Furthermore, some
flexibility is possible for areas that have been issued a NOX
waiver based upon air quality modeling data. This flexibility is
described in the notice (60 FR 57183). The NOX budget provisions
will be effective 90 days from November 14, 1995. The Illinois NOX
exemption SIP revision request was submitted pursuant to section
182(b)(1) as provided for by the amended transportation conformity
rule.
As noted previously, in light of the modeling completed thus far
and considering the importance of the OTAG and attainment plan modeling
efforts, USEPA is granting this waiver on a contingent basis. As the
OTAG modeling results and control recommendations are completed in
1996, this information will be incorporated into the attainment plans
being developed by the LADCO States, including Illinois. When these
attainment plans are submitted to USEPA in mid-1997, these new modeling
analyses will be reviewed to determine if the NOX waiver should be
continued, altered or removed.
In this action, USEPA is exempting the Chicago nonattainment area
from the transportation conformity requirement to achieve further
reductions of NOX. The 15 percent plan which is the current
control strategy SIP for the area does not establish a NOX budget
for motor vehicles. Future modeling for the attainment demonstration
will set future NOX emissions budgets or demonstrate that NOX
emissions may grow without affecting attainment.
Comment
The ALA and CCCALMB notes that NOX contributes to decreased
visibility, acidic deposition, fine particulates and nitrate loading in
the Great Lakes.
Response
The focus of the NOX waiver test relied on by Illlinois is on
whether NOX reductions contribute to attainment of the ozone NAAQS
in the Chicago nonattainment area and, by its terms, does not require
consideration of overall NOX reduction benefits. Other air
pollution problems are being dealt with as part of separate regulatory
activities such as the acid rain program and FMVPC. None of the
NOX reduction programs in place or under development to address
other air quality objectives are deleted or diminished by issuance of
this waiver
Comment
The ALA and CCCALMB comment that a ``super-regional'' NOX
strategy should be adopted before USEPA permanently grants NOX
exemptions. Although the Ozone Transport Assessment Group (OTAG) is
working on a strategy, there is no guarantee that the work will be
completed.
Response
As discussed previously, in light of the modeling completed thus
far and considering the importance of the OTAG and attainment plan
modeling efforts, USEPA grants this waiver on a contingent basis. As
the OTAG modeling results and control recommendations are completed in
1996, this information will be incorporated into the attainment plans
being developed by the LADCO States. When these attainment plans are
submitted to USEPA in mid-1997, these new modeling analyses will be
reviewed to determine if the NOX waiver should be continued,
altered or removed.
The Chicago attainment plan will supersede the initial waiver which
USEPA grants in this notice. If the attainment plan relies on NOX
controls on mobile sources in the Chicago nonattainment area to
demonstrate attainment, USEPA will remove the NOX waiver for those
sources. To the extent the plans achieve attainment without additional
NOX reductions in the Chicago area, the NOX exemption would
continue for those sources. USEPA's rulemaking actions to reconsider
the initial NOX waiver may occur simultaneously with rulemaking
action on the attainment plans.
III. Final Action
The USEPA is approving a waiver under section 182(b)(1) of the
NOX transportation conformity requirements for a build/no-build
and less than-1990 interim test for the Chicago ozone nonattainment
area as requested by the State of Illinois. In light of the modeling
completed thus far and considering the importance of the OTAG process
and attainment plan modeling efforts, USEPA grants this NOX waiver
on a contingent basis. As the OTAG modeling results and control
recommendations are completed in 1996, this information will be
incorporated into attainment plans being developed by the LADCO States.
When these attainment plans are submitted to USEPA in mid-1997, these
new modeling analyses will be reviewed to determine if the NOX
waiver should be continued, altered, or removed. USEPA's rulemaking
action to reconsider the initial NOX waiver may occur
simultaneously with rulemaking action on the attainment plans.
The USEPA also reserves the right to require NOX emission
controls for transportation sources under section 110(a)(2)(D) of the
Act if future ozone modeling demonstrates that such controls are needed
to achieve the ozone standard in downwind areas.
This action will become effective on March 13, 1996.
IV. Miscellaneous
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, USEPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
[[Page 5295]]
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
This approval does not create any new requirements. Therefore, I
certify that this action 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 the regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Act forbids USEPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. USEPA,
427 U.S. 246, 256-66 (1976).
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the
USEPA must prepare a budgetary impact statement to accompany 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. Under
Section 205, the USEPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the rule and is
consistent with statutory requirements. Section 203 requires the USEPA
to establish a plan for informing and advising any small governments
that may be significantly or uniquely impacted by the rule.
The USEPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
This Federal action will relieve requirements otherwise imposed
under the Act, and hence does not impose any federal intergovernmental
mandate, as defined in section 101 of the Unfunded Mandates Act.
Accordingly, no additional costs to State, local, or tribal
governments, or the private sector, result from this action.
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 April 12, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purpose of judicial rule, 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) of the Act).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Conformity, Oxides
of nitrogen, Ozone, Transportation conformity.
Dated: January 23, 1996.
Valdas V. Adamkus,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart O--Illinois
2. Section 52.726 is amended by adding paragraph (l) to read as
follows:
Sec. 52.726 Control Strategy: Ozone.
* * * * *
(l) Approval--The United States Environmental Protection Agency is
approving under section 182(b)(1) of the Clean Air Act the exemption of
the Chicago severe, ozone nonattainment area from the build/no-build
and less than-1990 interim transportation conformity oxides of nitrogen
requirements as requested by the State of Illinois in a June 20, 1995
submittal. In light of the modeling completed thus far and considering
the importance of the OTAG process and attainment plan modeling
efforts, USEPA grants this NOX waiver on a contingent basis. As
the OTAG modeling results and control recommendations are completed in
1996, this information will be incorporated into attainment plans being
developed by the LADCO States. When these attainment plans are
submitted to USEPA in mid-1997, these new modeling analyses will be
reviewed to determine if the NOX waiver should be continued,
altered, or removed. USEPA's rulemaking action to reconsider the
initial NOX waiver may occur simultaneously with rulemaking action
on the attainment plans. The USEPA also reserves the right to require
NOX emission controls for transportation sources under section
110(a)(2)(D) of the Act if future ozone modeling demonstrates that such
controls are needed to achieve the ozone standard in downwind areas.
The Chicago severe ozone nonattainment area includes the Counties of
Cook, DuPage, Grundy (Aux Sable and Gooselake Townships), Kane, Kendall
(Oswego Township), Lake, McHenry, and Will.
[FR Doc. 96-2966 Filed 2-9-96; 8:45 am]
BILLING CODE 6560-50-P
