95-23472. Approval and Promulgation of an Implementation Plan for Vehicle Miles Traveled; Illinois  

  • [Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
    [Rules and Regulations]
    [Pages 48896-48902]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-23472]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [IL98-2-6840; FRL-5299-3]
    
    
    Approval and Promulgation of an Implementation Plan for Vehicle 
    Miles Traveled; Illinois
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Final rule.
    
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    SUMMARY: The United States Environmental Protection Agency (USEPA) is 
    approving a request from Illinois, for a State Implementation Plan 
    (SIP) revision for the Chicago ozone nonattainment area, which 
    demonstrates how mobile source emissions will continue to decline over 
    the years and not increase. In addition, Illinois has implemented 127 
    transportation control measures (TCMs) for a total reduction of more 
    than two tons per day of volatile organic compounds. Two public comment 
    letters were received which are addressed in this rulemaking. This 
    rulemaking action approves, in final, the first two requirements of the 
    vehicle miles traveled (VMT) Offset SIP revision request and the 
    associated TCMs for Chicago, Illinois as requested by Illinois.
    
    EFFECTIVE DATE: This final rule is effective on October 23, 1995.
    
    ADDRESSES: Copies of the documents relevant to this action are 
    available for inspection during normal business hours at the following 
    location: Regulation Development Section, Regulation Development Branch 
    (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West 
    Jackson Boulevard, Chicago, Illinois, 60604.
        Please contact Patricia Morris at (312) 353-8656 before visiting 
    the Region 5 office.
    
    FOR FURTHER INFORMATION CONTACT: Patricia Morris, Regulation 
    Development Section, Regulation Development Branch (AR-18J), U.S. 
    Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
    Chicago, Illinois 60604, (312) 353-8656.
    
    SUPPLEMENTARY INFORMATION: 
    
    I. Background
    
        Section 182(d)(1)(A) of the Clean Air Act, as amended in 1990 
    (Act), requires States containing ozone nonattainment areas classified 
    as ``severe'' pursuant to section 181(a) of the Act to adopt TCMs and 
    transportation control strategies to offset any growth in emissions 
    from growth in VMT or number of vehicle trips, and to attain reductions 
    in motor vehicle emissions (in combination with other emission 
    reduction requirements) as necessary to comply with the Act's RFP 
    milestones and attainment requirements. The requirements for 
    establishing a VMT Offset program are discussed in the April 16, 1992, 
    General Preamble to Title I of the Act (57 FR 13498), in addition to 
    section 182(d)(1)(A) of the Act.
        The VMT Offset provision requires that States submit by November 
    15, 1992, specific enforceable TCMs and strategies to offset any growth 
    in emissions from growth in VMT or number of vehicle trips sufficient 
    to allow total area emissions to comply with the RFP and attainment 
    requirements of the Act.
        As described in the November 2, 1994, proposed rule (see 59 FR 
    54866, 54867), the USEPA has observed that these three elements (i.e., 
    offsetting growth in mobile source emissions, attainment of the RFP 
    reduction, and attainment of the ozone National Ambient Air Quality 
    Standards (NAAQS)) can be divided into three separate submissions that 
    could be submitted on different dates.
        Under this approach, the first element, the emissions offset 
    element, was due on November 15, 1992. The USEPA believes this element 
    is not necessarily dependent on the development of the other elements. 
    The State could submit the emissions growth offset element independent 
    of an analysis of that element's consistency with the periodic 
    reduction and attainment requirements of the Act. Emissions trends from 
    other sources need not be considered to show compliance with this 
    offset requirement. As submitting this element in isolation does not 
    implicate the timing problem of advancing deadlines for RFP and 
    attainment demonstrations, USEPA does not believe it is necessary to 
    extend the statutory deadline for submittal of the emissions growth 
    offset element.
        The second element, which requires the VMT Offset SIP to comply 
    with the 15 percent RFP requirement of the Act, was due on November 15, 
    1993, which is the same date on which the 15 percent RFP SIP itself was 
    due under section 182(b)(1) of the Act. The USEPA believes it is 
    reasonable to extend the deadline for this element to the date on which 
    the entire 15 percent SIP was due, as this allows States to develop the 
    comprehensive strategy to address the 15 percent reduction requirement 
    and assure that the TCM elements required under section 182(d)(1)(A) 
    are consistent with the remainder of the 15 percent demonstration. 
    Indeed, USEPA believes that only upon submittal of the broader 15 
    percent plan can a State have had the necessary opportunity to 
    coordinate its VMT strategy with its 15 percent plan.
        The third element, which requires the VMT Offset SIP to comply with 
    the post-1996 RFP and attainment requirements of the Act, was due on 
    November 15, 1994, the statutory deadline for those broader 
    submissions. The USEPA believes it is reasonable to extend the deadline 
    for this element to the date on which the post-1996 RFP and attainment 
    SIPs are due for the same reasons it is reasonable to extend the 
    deadline for the second element. First, it is arguably impossible for a 
    State to make the showing required by Section 182(d)(1)(A) for the 
    third element until the broader demonstrations have been developed by 
    the State. Moreover, allowing States to develop the comprehensive 
    strategy to address post-1996 RFP and attainment by providing a fuller 
    opportunity to assure that the TCM elements comply with the broader RFP 
    and attainment demonstrations, will result in a better program for 
    reducing emissions in the long term.
        On July 14, 1994, Illinois submitted to USEPA documentation to 
    fulfill the VMT-Offset SIP. A public hearing was held on June 22, 1994, 
    and documentation on the public hearing was submitted to complete the 
    SIP revision request. The SIP revision was found to be complete by the 
    USEPA in a letter dated August 4, 1994. The USEPA proposed to approve 
    the first and second element on December 4, 
    
    [[Page 48897]]
    1994. The public comment period ended on January 5, 1995, and two 
    public comment letters were received.
    
    II. Evaluation of the State Submittal
    
        Section 182(d)(1)(A) of the Act requires the State to offset any 
    growth in emissions from growth in VMT. As discussed in the General 
    Preamble, the purpose is to prevent a growth in motor vehicle emissions 
    from canceling out the emission reduction benefits of the federally 
    mandated programs in the Act. The USEPA interprets this provision to 
    require that sufficient measures be adopted so that projected motor 
    vehicle volatile organic compound (VOC) emissions will never be higher 
    during the ozone season in one year than during the ozone season in the 
    year before. When growth in VMT and vehicle trips would otherwise cause 
    a motor vehicle emissions upturn, this upturn must be prevented. The 
    emissions level at the point of upturn becomes a ceiling on motor 
    vehicle emissions. This requirement applies to projected emissions in 
    the years between the submission of the SIP revision and the attainment 
    deadline, and is above and beyond the separate requirements for the RFP 
    and the attainment demonstrations. The ceiling level is defined, 
    therefore, up to the point of upturn, as motor vehicle emissions that 
    would occur in the ozone season of that year, with VMT growth, if all 
    measures for that area in that year were implemented as required by the 
    Act. When this curve begins to turn up due to growth in VMT or vehicle 
    trips, the ceiling becomes a fixed value. The ceiling line would 
    include the effects of Federal measures such as new motor vehicle 
    standards, phase II RVP controls, and reformulated gasoline, as well as 
    the Act-mandated SIP requirements.
        The State of Illinois has demonstrated in its submittal of July 14, 
    1994, that the predicted growth in VMT in Chicago, Illinois, is not 
    expected to result in a growth in motor vehicle emissions that will 
    negate the effects of the reductions mandated by the Act. For this 
    analysis, Illinois used an average summer weekday VMT growth rate of 
    2.7 percent per year between 1990 and 1996. This growth rate is 
    supported by the ground counts in the Illinois road file and confirmed 
    by the Illinois Department of Transportation. Further, Illinois has 
    projected motor vehicle emissions to the year 2007 using a 2.7 percent 
    per year growth rate not withstanding that the most current 
    socioeconomic data in combination with the transportation network model 
    predicts a lower VMT growth rate. The 2.7 percent per year projection 
    does not predict an upturn in motor vehicle emissions through the year 
    2007. In the event that the projected socioeconomic data and associated 
    VMT grow more rapidly than currently predicted, Illinois is required by 
    Section 182(c)(5) to track actual VMT starting with 1996 and every 
    three years thereafter to demonstrate that the actual VMT is equal to 
    or less than the projected VMT. TCMs will be required to offset VMT 
    that is above the projected levels (section 182(c)(5)).
        Illinois has evaluated the effectiveness and predicted impact of a 
    number of TCMs. The TCM evaluation is documented in the December 9, 
    1993, Chicago Area Transportation Study (CATS) document 
    ``Transportation Control Measures Contribution to the 15 percent Rate 
    of Progress State Implementation Plan''. CATS is the metropolitan 
    planning organization for the Chicago metropolitan area. The December 
    9, 1993, document (which is part of the docket for this notice) lists 
    the TCMs and the emission reduction calculation methodology. Illinois 
    has implemented TCMs in the Chicago area and has included TCMs in the 
    15 percent RFP SIP. Today's SIP revision approval incorporates these 
    TCMs into the Illinois SIP and requires Illinois to construct and 
    operate the specified TCMs that are identified and credited to meet the 
    15 percent RFP and post 1996 RFP. These TCMs are listed in Table 1. On 
    March 9, 1995 the Policy Committee of the Chicago Area Transportation 
    Study, as metropolitan planning organization for northeastern Illinois, 
    approved these TCMs for submittal to the Illinois Environmental 
    Protection Agency as part of the control strategy SIP for the Chicago 
    ozone nonattainment area. There are 127 TCMs that are being 
    incorporated into the Illinois SIP, for an estimated reduction in 
    volatile organic compounds of 2.78 tons per day (tpd). Illinois is 
    using 2.0 tpd to meet the required 15 percent, and the additional 0.78 
    tpd will be credited toward the post 1996 RFP. Most of the TCMs (111) 
    have already been completed and the remaining TCMs are scheduled to be 
    completed by the end of 1996. The vanpool incentive program has been 
    implemented and the Pace Board (the project implementor) has committed 
    to this project for future years.
        Illinois has taken credit for conventional TCMs such as signal 
    interconnects, additional commuter parking, vanpool programs and 
    transit improvements which include station improvements and new rapid 
    transit service to Midway Airport. The specific projects are listed in 
    Table 1. In addition, Illinois has implemented a number of TCMs that 
    are expected to benefit air quality such as bicycle and pedestrian 
    projects that will help eliminate trips. At this time, however, 
    Illinois is not taking a reduction credit for these projects since a 
    methodology for determining the emission reduction credit is not firmly 
    established and additional studies of the effectiveness of these 
    projects are being conducted. Illinois may take credit for these 
    projects at a later date. Because Illinois is not taking credit at this 
    time, these projects are not currently being approved as part of this 
    SIP revision request.
        Illinois submitted a 15 percent RFP SIP for the Chicago area to the 
    USEPA in November 1993, but the submittal was found incomplete in a 
    letter dated January 21, 1994. The RFP SIP lacked enforceable 
    regulations.
        On May 23, 1995, Illinois submitted materials to supplement the 15 
    percent RFP plan. This submittal finalized Illinois' 15 percent SIP. 
    The USEPA found Illinois' submitted 15 percent SIP complete on June 15, 
    1995. The SIP submission contains a menu of adopted emissions 
    reductions measures that the State believes will achieve the 15 percent 
    reduction requirement by November 15, 1996. In the submission, Illinois 
    uses TCMs for a reduction credit of 2 tpd.
        For the attainment demonstration and post-1996 RFP SIPs, which 
    Illinois submitted on November 22, 1994 and May 23, 1995, USEPA is 
    still in the process of evaluating these SIP submission.
        Illinois has met the first and second elements of the VMT offset 
    SIP requirements of section 182(d)(1)(A). Regarding the first element, 
    Illinois has identified and evaluated TCMs to reduce VMT, and has shown 
    that VMT growth will not result in a growth of motor vehicle emissions 
    that will negate the effects of the reductions required under the Act 
    and that there will not be an upturn of motor vehicle emissions. 
    Regarding the second element, Illinois has submitted a complete 15 
    percent SIP that relies upon TCMs for 2 tpd to make its proffered 
    showing that the 15 percent reduction will be achieved. These TCMs will 
    be approved into the Illinois SIP effective with this final rule. 
    Consequently, USEPA does not believe it is necessary to delay taking 
    action on this second element of the VMT SIP, and that the Agency can 
    at this point rely upon Illinois's submitted 15 percent SIP to satisfy 
    the second VMT SIP element. However, if in evaluating the 15 percent 
    SIP for approval it is 
    
    [[Page 48898]]
    determined that Illinois will in fact need to implement additional 
    measures to meet the 15 percent RFP requirement, and a subsequent 
    submission of a revised 15 percent SIP is required, EPA would have to 
    reevaluate its approval of the second element of the VMT SIP.
        The third requirement is for Illinois to use TCMs as necessary to 
    attain the standard. This third requirement will be applicable if 
    Illinois incorporates TCMs into its attainment plan through any future 
    SIP revisions.
    
    III. Public Comments
    
        On December 6, 1994, the USEPA proposed to approve the first and 
    second elements of the Illinois VMT Offset SIP and requested public 
    comment. The public comment period closed on January 5, 1995, and 2 
    sets of comments were received. The Natural Resources Defense Council 
    (NRDC) submitted comments and the Environmental Law and Policy Center 
    submitted comments for themselves and the following groups: the 
    American Lung Association of Metropolitan Chicago; Business and 
    Professional People for the Public Interest; the Center for 
    Neighborhood Technology; the Chicagoland Bicycle Federation; and the 
    Sierra Club, Illinois Chapter. The following summarizes the comments 
    and USEPA's response to these comments:
        Comment: Commenters argue that the Act requires TCMs to offset 
    emissions resulting from all growth in VMT above 1990 levels, and USEPA 
    is required by the Act to ensure emission reductions despite an 
    increase in VMT. The legislative history states that ``[t]he baseline 
    for determining whether there has been a growth in emissions due to 
    increased VMT is the level of vehicle emissions that would occur if VMT 
    held constant in the year.'' See H. Rep. No. 101-490 Part I, 101st 
    Cong., 2nd session at 242, and S. Rep. No. 101-228, 101st Cong., 1st 
    Sess. at 44.
        Response: As discussed in the General Preamble, USEPA believes that 
    section 182(d)(1)(A) of the Act requires the State to ``offset any 
    growth in emissions'' from growth in VMT but not, as suggested by the 
    comment, all emissions resulting from VMT growth (see 57 FR 13498, 
    13522-13523, April 16, 1992). The purpose is to prevent a growth in 
    motor vehicle emissions from canceling out the emission reduction 
    benefits of the federally mandated programs in the Act. The baseline 
    for emissions is the 1990 level of vehicle emissions and the subsequent 
    reductions in emission levels required to reach attainment. Thus, the 
    anticipated benefits from the mandated measures such as the Federal 
    motor vehicle pollution control program, lower reid vapor pressure, 
    enhanced inspection and maintenance and all other motor vehicle 
    emission control programs are included in the ceiling line calculation 
    used by Illinois in the VMT Offset SIP. Table 2 in the Illinois 
    submittal shows how emissions will decline substantially from 491.2 
    tons per day (tpd) in 1990 to 151.4 tpd in 2007 (assuming a 2.7 percent 
    per year VMT growth rate) and will not begin to turn up. Emission 
    reductions are expected every year through the year 2007.
        The ceiling line approach does not ``tolerate increases in traffic 
    of a magnitude that would wipe out the air quality gains'' as suggested 
    by the comment. In fact, the ceiling line level decreases from year to 
    year as the State implements various control measures and the 
    decreasing ceiling line prevents an upturn in mobile source emissions. 
    Dramatic increases in VMT that could wipe out the benefits of motor 
    vehicle emission reduction measures will not be allowed and will 
    trigger the implementation of TCMs. This prevents mere preservation of 
    the status quo, and ensures emissions reductions despite an increase in 
    VMT such that the rate of emissions decline is not slowed by increases 
    in VMT or number of trips. To prevent future growth changes from 
    adversely impacting emissions from motor vehicles, Illinois is required 
    by section 182(c)(5) to track actual VMT starting with 1996 and every 
    three years thereafter to demonstrate that the actual VMT is equal to 
    or less than the projected VMT. TCMs will be required to offset VMT 
    that is above the projected levels (section 182(c)(5)).
        Under the commenter's approach to section 182(d)(1)(A), Illinois 
    would have to offset VMT growth even while vehicle emissions are 
    declining. Although the statutory language could be read to require 
    offsetting any VMT growth, USEPA believes that the language can also be 
    read so that only actual emissions increases resulting from VMT growth 
    need to be offset. The statute by its own terms requires offsetting of 
    ``any growth in emissions from growth in VMT.'' It is reasonable to 
    interpret this language as requiring that VMT growth must be offset 
    only where such growth results in emissions increases from the motor 
    vehicle fleet in the area.
        While it is true that the language of the legislative history 
    appears to support the commenter's interpretation of the statutory 
    language, such an interpretation would have drastic implications for 
    Illinois if the State were forced to ignore the beneficial impacts of 
    all vehicle tailpipe and alternative fuel controls. Although the 
    original authors of the provision and the legislative history may in 
    fact have intended this result, USEPA does not believe that the 
    Congress as a whole, or even the full House of Representatives, 
    believed at the time it voted to pass the 1990 Amendments to the Act 
    that the words of this provision would impose such severe restrictions.
        Given the susceptibility of the statutory language to these two 
    alternative interpretations, USEPA believes it is the Agency's role in 
    administering the statute to take the interpretation most reasonable in 
    light of the practical implications of such interpretation and the 
    purposes and intent of the statutory scheme as a whole. In the context 
    of the intricate planning requirements Congress established in title I 
    to bring areas towards attainment of the ozone NAAQS, and in light of 
    the absence of any discussion of this aspect of the VMT offset 
    provision by the Congress as a whole (either in floor debate or in the 
    Conference Report), USEPA concludes that the appropriate interpretation 
    of section 182(d)(1)(A) requires offsetting VMT growth only when such 
    growth would result in actual emissions increases.
        Comment: Section 182(d)(1)(A) of the Act requires that emissions of 
    oxides of nitrogen (NOX) as well as VOCs resulting from VMT growth 
    must be offset.
        Response: USEPA disagrees with the commenter's interpretation that 
    section 182(d)(1)(A) requires NOX emissions from VMT growth to be 
    offset. While that section provides that ``any growth in emissions'' 
    from growth in VMT must be offset, USEPA believes that Congress clearly 
    intended that the offset requirement be limited to VOC emissions. 
    First, section 182(d)(1)(A)'s requirement that a State's VMT TCMs 
    comply with the ``periodic emissions reduction requirements'' of 
    sections 182(b) and (c) the Act indicates that the VMT offset SIP 
    requirement is VOC-specific. Section 182(c)(2)(B), which requires 
    reasonable further progress demonstrations for serious ozone 
    nonattainment areas, provides that such demonstrations will result in 
    VOC emissions reductions; thus, the only ``periodic emissions reduction 
    requirement'' of section 182(c)(2)(B) is VOC-specific. In fact, it is 
    only in section 182(c)(2)(C)--a provision not referenced in section 
    182(d)(1)(A)--that Congress provided States the authority to submit 
    demonstrations providing for reductions of emissions of VOCs and 
    
    [[Page 48899]]
    NOX in lieu of the SIP otherwise required by section 182(c)(2)(B).
        Moreover, the 15 percent periodic reduction requirement of section 
    182(b)(1)(A)(i) applies only to VOC emissions, while only the separate 
    ``annual'' reduction requirement applies to both VOC and NOX 
    emissions. USEPA believes that Congress did not intend the terms 
    ``periodic emissions reductions'' and ``annual emissions reductions'' 
    to be synonymous, and that the former does not include the latter. In 
    section 176(c)(3)(A)(iii) of the Act, Congress required that conformity 
    SIPs ``contribute to annual emissions reductions'' consistent with 
    section 182(b)(1) (and thus achieve NOX emissions reductions), but 
    does not refer to the 15 percent periodic reduction requirement. 
    Conversely, section 182(d)(1)(A) refers to the periodic emissions 
    reduction requirements of the Act, but does not refer to annual 
    emissions reduction requirements that require NOX reductions. 
    Consequently, USEPA interprets the requirement that VMT SIPs comply 
    with periodic emissions reduction requirements of the Act to mean that 
    only VOC emissions are subject to section 182(d)(1)(A) in severe ozone 
    nonattainment areas.
        Finally, USEPA notes that where Congress intended section 182 ozone 
    SIP requirements to apply to NOX as well as VOC emissions, it 
    specifically extended applicability to NOX. Thus, references to 
    ozone or emissions in general in section 182 do not on their own 
    implicate NOX. For example, in section 182(a)(2)(C), the Act 
    requires States to require preconstruction permits for new or modified 
    stationary sources ``with respect to ozone''; Congress clearly did not 
    believe this reference to ozone alone was sufficient to subject 
    NOX emissions to the permitting requirement, since it was 
    necessary to enact section 182(f)(1) of the Act, which specifically 
    extends the permitting requirement to major stationary sources of 
    NOX. Since section 182(d)(1)(A) does not specifically identify 
    NOX emissions requirements in addition to the VOC emissions 
    requirements identified in the provision, USEPA does not believe States 
    are required to offset NOX emissions from VMT growth in their 
    section 182(d)(1)(A) SIPs.
    
    IV. Final Rulemaking Action
    
        Based on the State's submittal request and in consideration of the 
    public comments received in response to the proposed rule, USEPA is 
    approving the SIP revision submitted by the State of Illinois as 
    satisfying the first two of the three VMT offset plan requirements. The 
    USEPA is also approving into the Illinois SIP 127 TCMs creditable to 
    the 15 percent and post 1996 RFP.
        This action has been classified as a Table 3 action 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 has exempted this 
    regulatory action from Executive Order 12866 review.
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any SIP. Each request for revision to any SIP shall be 
    considered separately in light of specific technical, economic, and 
    environmental factors and in relation to relevant statutory and 
    regulatory requirements.
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
    Alternatively, USEPA may certify that the rule will not have a 
    significant 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, I certify that it does 
    not have a significant impact on small entities affected. Moreover, due 
    to the nature of the Federal-state relationship under the Act, 
    preparation of a regulatory flexibility analysis would constitute 
    Federal inquiry into the economic reasonableness of state action. The 
    Act forbids USEPA to base its actions concerning SIPs on such grounds. 
    See Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 
    1976); 42 U.S.C. 7410(a)(2).
        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 approves pre-existing requirements under State 
    or local law, and imposes no new Federal requirements. 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 November 20, 1995. Filing a petition for 
    reconsideration by the Administrator of this final rule does not affect 
    the finality of this rule for the purposes of judicial review nor does 
    it extend the time within which a petition for judicial review may be 
    filed, and shall not postpone the effectiveness of such rule or action. 
    This action may not be challenged later in proceedings to enforce its 
    requirements. (see Section 307(b)(2)).
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Ozone, 
    Transportation control measures, Vehicle miles traveled offset.
    
        Dated: August 31, 1995.
    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 (j) to read as 
    follows:
    
    
    Sec. 52.726  Control Strategy: Ozone
    
    * * * * *
        (j) Approval--On July 14, 1994, Illinois submitted two of three 
    elements required by section 182(d)(1)(A) of the Clean Air Amendments 
    of 1990 to be incorporated as part of the vehicle miles 
    
    [[Page 48900]]
    traveled (VMT) State Implementation Plan intended to offset any growth 
    in emissions from a growth in vehicle miles traveled. These elements 
    are the offsetting of growth in emissions attributable to growth in VMT 
    which was due November 15, 1992, and, transportation control measures 
    (TCMs) required as part of Illinois' 15 percent reasonable further 
    progress (RFP) plan which was due November 15, 1993. Illinois satisfied 
    the first requirement by projecting emissions from mobile sources and 
    demonstrating that no increase in emissions would take place. Illinois 
    satisfied the second requirement by submitting the TCMs listed in Table 
    1 which are now approved into the Illinois SIP.
    
                                                         Table 1                                                    
    ----------------------------------------------------------------------------------------------------------------
                                                                                                              SIP   
                 Project type                           Location description                 Completion      credit 
                                                                                               status       VOC tpd 
    ----------------------------------------------------------------------------------------------------------------
    RS/SIG MOD...........................  Madison Street (Western Ave. to Halsted         Done..........   0.015400
                                            Street).                                                                
    SIG COORD............................  Willow Road (Landwer Road to Shermer).........  Awarded.......   0.052000
    SIG COORD............................  Rand Road (Baldwin Road to Kennicott).........  Awarded.......   0.052000
    SIG COORD............................  Northwest Hwy (Potter Road to Cumberland        Awarded.......   0.030000
                                            Avenue).                                                                
    SIGS/SIG COORD.......................  159th Street (US 45 to 76th Ave & at 91st       Awarded.......   0.030000
                                            Avenue).                                                                
    SIG COORD............................  Harlem Ave. (71st St. to 92nd)................  Awarded.......   0.052000
    SIG COORD............................  Harlem Ave. (99th Street to 135th St.)........  Awarded.......   0.052000
    RECONST/SIGS/LTS.....................  Archer Ave. (88th Ave to 65th St.)............  Awarded.......   0.030000
    SIG COORD............................  Ogden Ave. (N. Aurora Road to Naper Boulevard)  Awarded.......   0.030000
    SIG COORD............................  North Ave. (Tyler to Kautz)...................  Awarded.......   0.030000
    SIG COORD............................  Higgens Road (Il 72 at Il 31).................  Awarded.......   0.030000
    SIG COORD............................  Sheridan Road (Il 173 to Wadsworth)...........  Awarded.......   0.030000
    SIG COORD............................  Lagrange Road (Belmont to Lake St.)...........  Awarded.......   0.030000
    SIG COORD............................  Dundee Road (Sanders Road to Skokie Valley      Awarded.......   0.052000
                                            Road).                                                                  
    SIG COORD............................  Dundee Road (Buffalo Grove Road to Il 21).....  Awarded.......   0.030000
    INT IMP/SIG COORD....................  Golf Road (E. River Road to Washington Ave.)..  Awarded.......   0.052000
    SIG COORD............................  Golf Road (Barrington to Roselle Road)........  Awarded.......   0.030000
    SIG COORD............................  Higgins Road (Barrington to Roselle Road).....  Awarded.......   0.030000
    SIG COORD............................  Joe Orr Road (Vincennes Ave. to Il 1).........  Awarded.......   0.030000
    ----------------------------------------------------------------------------------------------------------------
    
    
                                                         Table 1                                                    
    ----------------------------------------------------------------------------------------------------------------
              Project type                       Location description                Completion status    SIP credit
    ----------------------------------------------------------------------------------------------------------------
    SIG COORD/RS....................  Crawford Ave. (93rd Street to 127th         Awarded                   0.052000
                                       Street).                                                                     
    SIG COORD.......................  IL 53 (Briarcliff to South of I-55).......  Done                      0.030000
    SIG COORD.......................  Ogden Ave. (Oakwood Avenue to Fairview      Awarded                   0.019000
                                       Avenue).                                                                     
    SIG COORD.......................  US 14 (Rohlwing Road to Wilke Road).......  Awarded                   0.030000
    SIG COORD.......................  US 30 (At Cottage Grove, Ellis St)........  Awarded                   0.030000
    SIG COORD.......................  IL 53 (Modonough to Mills)................  Done                      0.030000
    SIG CONN........................  Ogden Ave. (IL 43 to 31st Street).........  Awarded                   0.013000
    SIG CONN........................  US 12 (Long Grove--Hicks Road)............  Awarded                   0.055200
    SIG CONN........................  North Ave. (Oak Park to Ridgeland)........  Awarded                   0.007000
    SIG CONN........................  Roosevelt Road (Westchester Bl--IL 43)....  Awarded                   0.137000
    SIG CONN........................  Depster St (Keeler to Crawford Ave.)......  Awarded                   0.010000
    SIG CONN........................  Arlington Hgts Rd. (Thomas to Central)....  Awarded                   0.044000
    SIG CONN........................  Palatine Rd. (Shoenbeck to Wolf Roads)....  Awarded                   0.042500
    SIG CONN........................  Western Ave. (US 30--Lakewood)............  Awarded                   0.018900
    RS/INT IMP......................  North Ave. (I-290 to IL 43)...............  Awarded                   0.056100
    INT IMP.........................  Plum Grove Rd. (At Higgins Road)..........  Awarded                   0.010700
    INT IMP.........................  St Street (At Illinois)...................  Awarded                   0.002700
    RS/SIG MOD/INT IMP..............  Illinois/Grand (Kingsbury to Lake Shore     Done                      0.004200
                                       Drive).                                                                      
    ADD TURN LANES..................  York Rd. (Industrial to Grand Ave.).......  Done                      0.003800
    SERVICE IMP.....................  SW Route Lane Service.....................  Scheduled                 0.005516
    SIG INTCONN.....................  Washington Street.........................  Scheduled                 0.030370
    SIG INTCONN.....................  IL 59.....................................  Scheduled                 0.068650
    ENGR............................  Citywide--Naperville......................  ......................    0.086230
    SIG INTCONN.....................  Washington Street.........................  Scheduled                 0.008230
    SIG INTCONN.....................  Lewis Ave. (Yorkhousse to ILL 173)........  Scheduled                 0.034600
    SIG INTCONN.....................  Schaumberg Rd. (Barrington to Martingale).  Scheduled                 0.078080
    Vanpool Program (94 vehicles)...  Region-Wide Suburban......................  Done                      0.134000
    Transp. Center..................  North West Cook County....................  Done                      0.032835
    Transp. Center..................  Sears T.F.................................  Done                      0.005805
    Station.........................  Clark/Lake................................  Done                      0.010000
    Station Recon...................  18 Th Douglas Line........................  Done                      0.001500
    Station Recon...................  Linden....................................  Done                      0.001500
    Station Recon...................  Cottage Grove.............................  Done                      0.001300
    Com. Pkg........................  Lisle.....................................  Done                      0.010177
    Com. Pkg........................  Jefferson Park............................  Done                      0.000110
    Com. Pkg........................  Edison Park...............................  Done                      0.003614
    Com. Pkg........................  Palatine..................................  Done                      0.004336
    
    [[Page 48901]]
                                                                                                                    
    Com. Pkg........................  Central Street............................  Done                      0.000519
    Com. Pkg........................  Palatine..................................  Done                      0.004890
    Com. Pkg........................  Crystal Lake..............................  Done                      0.034948
    Com. Pkg........................  137Th/Riverdale...........................  Done                      0.004565
    Com. Pkg........................  River Forest..............................  Done                      0.000289
    Com. Pkg........................  115Th/Kensington..........................  Done                      0.002795
    Com. Pkg........................  119Th St..................................  Done                      0.004483
    Com. Pkg........................  Wilmette..................................  Done                      0.001587
    Com. Pkg........................  111Th St..................................  Done                      0.000507
    Com. Pkg........................  Edison Park...............................  Done                      0.002371
    Com. Pkg........................  Joliet....................................  Done                      0.003967
    Com. Pkg........................  Hanover Park..............................  Done                      0.021799
    Com. Pkg........................  Bartlett..................................  Done                      0.008911
    Com. Pkg........................  Chicago Ridge.............................  Done                      0.002159
    Com. Pkg........................  103 Rd St.................................  Done                      0.000675
    Com. Pkg........................  Elmhurst..................................  Done                      0.003857
    Com. Pkg........................  Bartlett..................................  Done                      0.009326
    Com. Pkg........................  Morton Grove..............................  Done                      0.001444
    Com. Pkg........................  Palatine..................................  Done                      0.003598
    Com. Pkg........................  Harvard...................................  Done                      0.006299
    Com. Pkg........................  Willow Springs............................  Done                      0.001200
    Com. Pkg........................  Edgebrook.................................  Done                      0.002240
    Com. Pkg........................  Bensenville...............................  Done                      0.002010
    Com. Pkg........................  Hanover Park..............................  Done                      0.015020
    Com. Pkg........................  Midlothian................................  Done                      0.002570
    Com. Pkg........................  Route 59..................................  Done                      0.025020
    Com. Pkg........................  Lake Forest (West)........................  Done                      0.013780
    Com. Pkg........................  Lombard...................................  Done                    ..........
    Com. Pkg........................  Elmhurst..................................  Done                      0.001010
    Com. Pkg........................  Woodstock.................................  Done                      0.019000
    Com. Pkg........................  University Park...........................  Done                      0.019950
    Com. Pkg........................  Grayslake.................................  Done                      0.006210
    Com. Pkg........................  Oak Forest................................  Done                      0.004260
    Com. Pkg........................  91 St St..................................  Done                      0.003380
    Com. Pkg........................  Lockport..................................  Done                      0.007360
    Com. Pkg........................  Ravenswood................................  Done                      0.000130
    Com. Pkg........................  Hickory Creek.............................  Done                      0.060140
    Com. Pkg........................  Cary......................................  Done                      0.005980
    Com. Pkg........................  Blue Island...............................  Done                      0.019430
    Com. Pkg........................  Lemont....................................  Done                      0.016200
    Com. Pkg........................  Itasca....................................  Done                      0.003860
    Com. Pkg........................  Maywood...................................  Done                      0.000600
    Com. Pkg........................  Ivanhoe...................................  Done                      0.001960
    Com. Pkg........................  Ravinia...................................  Done                      0.003210
    Com. Pkg........................  Fox River Grove...........................  Done                      0.025170
    Com. Pkg........................  Medinah...................................  Done                      0.012250
    Com. Pkg........................  Hanover Park..............................  Done                      0.011840
    Com. Pkg........................  Worth.....................................  Done                      0.003530
    Com. Pkg........................  Roselle...................................  Done                      0.007710
    Com. Pkg........................  Crystal Lake..............................  Done                      0.015050
    Com. Pkg........................  Gresham...................................  Done                      0.000300
    Com. Pkg........................  Barrington................................  Done                      0.002420
    Rideshare Prog..................  Regionwide................................  Scheduled                 0.040000
    Rapid Transit Service...........  Midway Airport............................  Done                      0.220000
    Transp. Center..................  Deerfield Lake-Cook.......................  Done                      0.004160
    Station Recon...................  Davis St..................................  Done                      0.004000
    Station Recon...................  Addison...................................  Done                      0.004000
    Station Recon...................  King Drive................................  Done                      0.003000
    Station Recon...................  Washington/Wells..........................  Done                      0.003000
    Com. Pkg........................  Cary......................................  Done                      0.027910
    Com. Pkg........................  Morton Grove..............................  Done                      0.002460
    Com. Pkg........................  80th Ave..................................  Scheduled                 0.043200
    Com. Pkg........................  Round Lake................................  Done                      0.015150
    Com. Pkg........................  Grayslake.................................  Done                      0.009170
    Com. Pkg........................  Ingleside.................................  Scheduled                 0.005430
    Com. Pkg........................  Schamburg.................................  Scheduled                 0.042090
    Com. Pkg........................  Oak Forest................................  Scheduled                 0.004680
    Com. Pkg........................  Lake Cook.................................  Scheduled                 0.026390
    Com. Pkg........................  Grayslake.................................  Scheduled                 0.035290
    ----------------------------------------------------------------------------------------------------------------
    
    
    
    [[Page 48902]]
    
    [FR Doc. 95-23472 Filed 9-20-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
10/23/1995
Published:
09/21/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-23472
Dates:
This final rule is effective on October 23, 1995.
Pages:
48896-48902 (7 pages)
Docket Numbers:
IL98-2-6840, FRL-5299-3
PDF File:
95-23472.pdf
CFR: (1)
40 CFR 52.726