[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Proposed Rules]
[Pages 13668-13686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05020]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2022-0137; FRL-9604-01-R5]


Air Plan Approval; Illinois; Redesignation of the Illinois 
Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to 
Attainment of the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find 
that the Illinois portion of the Chicago-Naperville, IL-IN-WI area 
(Chicago area) is attaining the 2008 ozone National Ambient Air Quality 
Standard (NAAQS or standard) and to act in accordance with a request 
from Illinois submitted on January 25, 2022 to redesignate the Illinois 
portion of the Chicago area to attainment for the 2008 ozone NAAQS 
because the request meets the statutory requirements for redesignation 
under the Clean Air Act (CAA). EPA is proposing to approve, as a 
revision to the Illinois State Implementation Plan (SIP), the State's 
plan for maintaining the 2008 ozone NAAQS through 2035 in the Illinois 
portion of the Chicago area. EPA finds adequate and is proposing to 
approve the 2035 volatile organic

[[Page 13669]]

compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle 
Emission Budgets (Budgets) for the Illinois portion of the Chicago 
area. Pursuant to section 110 and part D of the CAA, EPA is proposing 
to approve the VOC reasonably available control technology (RACT), 
enhanced motor vehicle inspection and maintenance (I/M), clean-fuel 
vehicle programs (CFVP), and the enhanced monitoring of ozone and ozone 
precursors (EMP) SIP revisions submitted by Illinois, because they 
satisfy serious SIP requirements of the CAA for the Illinois portion of 
the Chicago area. Finally, EPA is proposing to approve a CAA section 
182(f) waiver from NOX RACT requirements for the Illinois 
portion of the Chicago area under the 2008 ozone NAAQS.

DATES: Comments must be received on or before April 11, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0137 at https://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR 18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Illinois' redesignation request?
V. Has the state adopted approvable motor vehicle emission budgets?
VI. VOC RACT
VII. Enhanced I/M
VIII. Clean Fuels Vehicles Program
IX. Enhanced Monitoring Plan
X. NOX RACT Waiver
XI. Proposed Actions
XII. Statutory and Executive Order Reviews

I. What is EPA proposing?

    EPA is proposing to take several related actions. First, EPA is 
proposing to determine that the Illinois portion of the Chicago 
nonattainment area is attaining the 2008 ozone NAAQS, based on quality-
assured and certified monitoring data for the 2019-2021 period. The 
Illinois portion of the Chicago area consists of Cook, DuPage, Kane, 
Lake, McHenry, and Will Counties and portions of Grundy (Aux Sable and 
Goose Lake Townships) and Kendall (Oswego Township) Counties in 
Illinois; the portions of the Chicago area outside of Illinois are Lake 
and Porter Counties in Indiana, and the portion of Kenosha County, 
Wisconsin east of Interstate 94. The Illinois portion of the Chicago 
area has met the requirements for redesignation under section 
107(d)(3)(E) of the CAA. EPA is thus proposing to change the legal 
designation of the Illinois portion of the Chicago area from 
nonattainment to attainment for the 2008 ozone NAAQS. EPA is proposing 
to approve, as a revision to the Illinois SIP, the State's maintenance 
plan (such approval being one of the CAA criteria for redesignation to 
attainment status) for the area. The maintenance plan is designed to 
keep the Chicago area in attainment of the 2008 ozone NAAQS through 
2035. As part of the maintenance plan, EPA is proposing to approve the 
2035 VOC and NOX Budgets for the Illinois portion of the 
Chicago area. EPA is also proposing to approve several elements which 
meet section 110 and part D of the CAA and EPA's regulations for an 
area which is classified as serious nonattainment for the 2008 ozone 
NAAQS. These elements include VOC RACT which includes the Stepan Co. 
construction permit, Enhanced I/M certification, the CFVP, and the EMP 
SIP revisions submitted by Illinois. Finally, EPA is proposing to 
approve a CAA section 182(f) waiver from NOX RACT 
requirements for the Illinois portion of the Chicago area under the 
2008 ozone NAAQS. This NOX RACT waiver is based on the most 
recent three years of complete, certified ozone monitoring data, which 
show attainment of the 2008 ozone NAAQS in the Chicago area and 
demonstrate that additional reduction of NOX emissions in 
the area would not contribute to attainment of the 2008 ozone NAAQS.

II. What is the background for these actions?

    EPA has determined that ground-level ozone is detrimental to human 
health. On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS 
of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). 
Under EPA's regulations at 40 CFR part 50, the 2008 ozone NAAQS is 
attained in an area when the 3-year average of the annual fourth 
highest daily maximum 8-hour average concentration is equal to or less 
than 0.075 ppm, when truncated after the thousandth decimal place, at 
all of the ozone monitoring sites in the area. See 40 CFR 50.15 and 
appendix P to 40 CFR part 50.
    Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B) 
of the CAA requires EPA to designate as nonattainment any areas that 
are violating the NAAQS, based on the most recent three years of 
quality assured ozone monitoring data. The Chicago area was originally 
designated as a marginal nonattainment area for the 2008 ozone NAAQS on 
June 11, 2012 (77 FR 34221), effective July 20, 2012. EPA reclassified 
the Chicago area from marginal to moderate nonattainment on May 4, 2016 
(81 FR 26697), effective June 3, 2016. The Chicago area was again 
reclassified to serious on August 23, 2019 (84 FR 44238), effective 
September 23, 2019.

III. What are the criteria for redesignation?

    Section 107(d)(3)(E) of the CAA allows redesignation of an area to 
attainment of the NAAQS provided that: (1) The Administrator (EPA) 
determines that the area has attained the NAAQS; (2) the Administrator 
has fully approved the applicable implementation plan for the area 
under section 110(k) of the CAA; (3) the Administrator determines that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP, applicable Federal air pollutant control regulations, and other 
permanent and enforceable emission reductions; (4) the Administrator 
has fully approved a maintenance plan for the area as meeting the 
requirements of section 175A of the CAA; and (5) the state containing 
the area has met all

[[Page 13670]]

requirements applicable to the area for the purposes of redesignation 
under section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignations in the 
General Preamble for the Implementation of Title I of the CAA 
Amendments of 1990 (57 FR 13498) (the ``General Preamble'') and 
supplemented this guidance on April 28, 1992 (57 FR 18070). EPA has 
provided further guidance on processing redesignation requests in the 
following documents:

    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, Director, Technical Support Division, 
June 18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (the ``Calcagni 
Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 
1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum 
from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, 
August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) 
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary 
D. Nichols, Assistant Administrator for Air and Radiation, October 
14, 1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 
10, 1995.

IV. What is EPA's analysis of Illinois' redesignation request?

A. Has the Chicago area attained the 2008 ozone NAAQS?

    For redesignation of a nonattainment area to attainment, the CAA 
requires EPA to determine that the Illinois portion of Chicago area has 
attained the applicable NAAQS (CAA section 107(d)(3)(E)(i)). An area is 
attaining the 2008 ozone NAAQS if it meets the 2008 ozone NAAQS, as 
determined in accordance with 40 CFR 50.15 and appendix U of part 50, 
based on three complete, consecutive calendar years of quality-assured 
air quality data for all monitoring sites in the area. To attain the 
NAAQS, the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentrations (ozone design values) at each monitor 
must not exceed 0.075 ppm. The air quality data must be collected and 
quality-assured in accordance with 40 CFR part 58 and recorded in EPA's 
Air Quality System (AQS). Ambient air quality monitoring data for the 
3-year period must also meet data completeness requirements. An ozone 
design value is valid if daily maximum 8-hour average concentrations 
are available for at least 90 percent of the days within the ozone 
monitoring seasons,\1\ on average, for the 3-year period, with a 
minimum data completeness of 75 percent during the ozone monitoring 
season of any year during the 3-year period. See section 4 of appendix 
P to 40 CFR part 50.
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    \1\ The ozone season is defined by state in 40 CFR 58 appendix 
D. The ozone season for Illinois is March-October. See 80 FR 65292, 
65466-67 (October 26, 2015).
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    EPA has reviewed the available ozone monitoring data from 
monitoring sites in the Chicago area for the 2019-2021 period. These 
data have been quality assured, are recorded in the Air Quality System 
(AQS), and have been certified. These data demonstrate that the Chicago 
area is attaining the 2008 ozone NAAQS. The annual fourth-highest 8-
hour ozone concentrations and the 3-year average of these 
concentrations (monitoring site ozone design values) for each 
monitoring site are summarized in Table 1.

      Table 1--Annual Fourth High Daily Maximum 8-Hour Ozone Concentrations (ppm) and 3-Year Average of the Fourth High Daily Maximum 8-Hour Ozone
                                                           Concentrations for the Chicago Area
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                                                                                                                                          3-Year average
                  State/county                        Monitoring site (AQS site ID)            2019            2020            2021          2019-2021
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Illinois:
    Cook.......................................  Alsip (17-031-0001)....................           0.070           0.076           0.068           0.071
    Cook.......................................  Chicago--SWFP (17-031-0032)............           0.071           0.077           0.077           0.075
    Cook.......................................  Chicago--ComED (17-031-0076)...........           0.065           0.063           0.070           0.067
    Cook.......................................  Chicago--Taft (17-031-1003)............           0.069           0.076           0.068           0.071
    Cook.......................................  Lemont (17-031-1601)...................           0.068           0.078           0.072           0.072
    Cook.......................................  Shiller Park (17-031-3103).............           0.064           0.068           0.060           0.064
    Cook.......................................  Cicero (17-031-4002)...................           0.064           0.079           0.067           0.070
    Cook.......................................  Des Plaines (17-031-4007)..............           0.066           0.072           0.069           0.069
    Cook.......................................  Northbrook (17-031-4201)...............           0.069           0.079           0.075           0.074
    Cook.......................................  Evanston (17-031-7002).................           0.069           0.074           0.078           0.073
    DuPage.....................................  Lisle (17-043-6001)....................           0.066           0.073           0.069           0.070
    Kane.......................................  Elgin (17-089-0005)....................           0.071           0.073           0.068           0.070
    Lake.......................................  Zion (17-097-1007).....................           0.066           0.076           0.077           0.073
    McHenry....................................  Cary (17-111-0001).....................           0.070           0.076           0.069           0.071
    Will.......................................  Braidwood (17-197-1011)................           0.060           0.067           0.065           0.064
Indiana:
    Lake.......................................  Gary (18-089-0022).....................           0.066           0.074           0.070           0.069
    Lake.......................................  Hammond (18-089-2008)..................           0.065           0.071           0.068           0.068
    Porter.....................................  Ogden Dunes (18-127-0024)..............           0.068           0.076           0.072           0.072

[[Page 13671]]

 
    Porter.....................................  Valparaiso (18-127-0026)...............           0.071           0.067           0.066           0.068
Wisconsin:
    Kenosha....................................  Chiwaukee (55-059-0019)................           0.067           0.078           0.079           0.074
    Kenosha....................................  Kenosha (55-059-0025)..................           0.066           0.078           0.072           0.072
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    The Chicago area's 3-year ozone design value for 2019-2021 is 0.075 
ppm,\2\ which meets the 2008 ozone NAAQS. Therefore, in today's action, 
EPA proposes to determine that the Illinois portion of the Chicago area 
is attaining the 2008 ozone NAAQS.
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    \2\ The monitor ozone design value for the monitor with the 
highest 3-year averaged concentration.
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    EPA will not take final action to determine that the Illinois 
portion of the Chicago area is attaining the NAAQS, nor to approve the 
redesignation of the Illinois portion of the Chicago area, if the 
design value of a monitoring site in the area violates the NAAQS after 
proposal but prior to final approval of the redesignation. As discussed 
in section IV.D.3. below, Illinois has committed to continue monitoring 
ozone in this area to verify maintenance of the 2008 ozone NAAQS.

B. Has Illinois met all applicable requirements of section 110 and part 
D of the CAA for the Illinois portion of the Chicago area, and does 
Illinois have a fully approved SIP for the area under section 110(k) of 
the CAA?

    As criteria for redesignation of an area from nonattainment to 
attainment of a NAAQS, the CAA requires EPA to determine that the state 
has met all applicable requirements under section 110 and part D of the 
CAA (see section 107(d)(3)(E)(v) of the CAA) and that the state has a 
fully approved SIP under section 110(k) of the CAA (see section 
107(d)(3)(E)(ii) of the CAA). EPA finds that Illinois has met all 
applicable SIP requirements, for purposes of redesignation, under 
section 110 and part D of the CAA (requirements specific to 
nonattainment areas for the 2008 ozone NAAQS). The Illinois submittal 
included several nonattainment plan elements to address the serious 
nonattainment area requirements for the Illinois portion of the Chicago 
area for the 2008 ozone NAAQS. These include VOC RACT, CFVP, EMP, 
Enhanced I/M, and a 182(f) waiver from NOX RACT. As 
discussed in sections VI through X below, EPA is proposing to approve 
these elements as meeting the requirements of section 182(c) of the CAA 
for the Illinois portion of the Chicago area under the 2008 ozone 
NAAQS. With the exception of those SIP elements, EPA finds that all 
applicable requirements of the Illinois SIP for the Chicago area, for 
purposes of redesignation, have been fully approved under section 
110(k) of the CAA.
    Recognizing that the serious VOC RACT, CFVP, EMP, enhanced I/M, and 
182(f) waiver from NOX RACT must be approved on or before we 
complete final rulemaking redesignating the area, we determine here 
that, assuming that this occurs, Illinois will have met all applicable 
section 110 and part D SIP requirements of the CAA for purposes of 
redesignation. In making these determinations, EPA ascertained which 
CAA requirements are applicable to the Illinois portion of the Chicago 
area and the Illinois SIP and, if applicable, whether the required 
Illinois SIP elements are fully approved under section 110(k) and part 
D of the CAA. As discussed more fully below, SIPs must be fully 
approved only with respect to currently applicable requirements of the 
CAA.
    The September 4, 1992 Calcagni memorandum describes EPA's 
interpretation of section 107(d)(3)(E) of the CAA. Under this 
interpretation, a state and the area it wishes to redesignate must meet 
the relevant CAA requirements that are due prior to the state's 
submittal of a complete redesignation request for the area. See also 
the September 17, 1993, Michael Shapiro memorandum and 60 FR 12459, 
12465-66 (March 7, 1995) (redesignation of Detroit-Ann Arbor, Michigan 
to attainment of the 1-hour ozone NAAQS). Applicable requirements of 
the CAA that come due subsequent to the state's submittal of a complete 
request remain applicable until a redesignation to attainment is 
approved, but are not required as a prerequisite to redesignation. See 
section 175A(c) of the CAA and Sierra Club v. EPA, 375 F.3d 537 (7th 
Cir. 2004). See also 68 FR 25424, 25427 (May 12, 2003) (redesignation 
of the St. Louis/East St. Louis area to attainment of the 1-hour ozone 
NAAQS).
    Since EPA is proposing here to determine that the area has attained 
the 2008 standard, under 40 CFR 51.918, if that determination is 
finalized, the requirements to submit certain planning SIPs related to 
attainment, including attainment demonstration requirements (the 
reasonably available control measures (RACM) requirement of section 
172(c)(1) of the CAA, the reasonable further progress (RFP) and 
attainment demonstration requirements of sections 172(c)(2) and (6) and 
182(b)(1) of the CAA, and the requirement for contingency measures of 
section 172(c)(9) of the CAA) would not be applicable to the area as 
long as it continues to attain the NAAQS and would cease to apply upon 
redesignation. In addition, in the context of redesignations, EPA has 
interpreted requirements related to attainment as not applicable for 
purposes of redesignation. For example, in the General Preamble, EPA 
stated that:
    ``The section 172(c)(9) requirements are directed at ensuring RFP 
and attainment by the applicable date. These requirements no longer 
apply when an area has attained the standard and is eligible for 
redesignation. Furthermore, section 175A for maintenance plans provides 
specific requirements for contingency measures that effectively 
supersede the requirements of section 172(c)(9) for these areas.'' 
(General Preamble, 57 FR at 13564).
    See also Calcagni memorandum at 6 (``The requirements for 
reasonable further progress and other measures needed for attainment 
will not apply for redesignations because they only have meaning for 
areas not attaining the standard'').
a. Section 110 General Requirements for Implementation Plans
    Section 110(a)(2) of the CAA delineates the general requirements 
for a SIP. Section 110(a)(2) provides that the SIP must have been 
adopted by the state after reasonable public notice and hearing, and 
that, among other things, it

[[Page 13672]]

must: (1) Include enforceable emission limitations and other control 
measures, means or techniques necessary to meet the requirements of the 
CAA; (2) provide for establishment and operation of appropriate 
devices, methods, systems and procedures necessary to monitor ambient 
air quality; (3) provide for implementation of a source permit program 
to regulate the modification and construction of stationary sources 
within the areas covered by the plan; (4) include provisions for the 
implementation of part C prevention of significant deterioration (PSD) 
and part D new source review (NSR) permit programs; (5) include 
provisions for stationary source emission control measures, monitoring, 
and reporting; (6) include provisions for air quality modeling; and, 
(7) provide for public and local agency participation in planning and 
emission control rule development.
    Section 110(a)(2)(D) of the CAA requires SIPs to contain measures 
to prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
certain air pollutants, e.g., NOX SIP call, the Clean Air 
Interstate Rule (CAIR), Cross State Air Pollution Rule (CSAPR). 
However, like many of the 110(a)(2) requirements, the section 
110(a)(2)(D) SIP requirements are not linked with a particular area's 
ozone designation and classification. EPA concludes that the SIP 
requirements linked with the area's ozone designation and 
classification are the relevant measures to evaluate when reviewing a 
redesignation request for the area. The section 110(a)(2)(D) 
requirements, where applicable, continue to apply to a state regardless 
of the designation of any one particular area within the state. Thus, 
we believe these requirements are not applicable requirements for 
purposes of redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399 
(October 19, 2001), 68 FR 25418, 25426-27 (May 13, 2003).
    In addition, EPA believes that other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's ozone attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated to attainment of the 2008 
ozone NAAQS. The section 110 and part D requirements which are linked 
with a particular area's designation and classification are the 
relevant measures to evaluate in reviewing a redesignation request. 
This approach is consistent with EPA's existing policy on applicability 
(i.e., for redesignations) of conformity requirements, as well as with 
section 184 ozone transport requirements. See Reading, Pennsylvania 
proposed and final rulemakings, 61 FR 53174-53176 (October 10, 1996) 
and 62 FR 24826 (May 7, 1997); Cleveland-Akron-Loraine, Wisconsin final 
rulemaking, 61 FR 20458 (May 7, 1996); and Tampa, Florida final 
rulemaking, 60 FR 62748 (December 7, 1995). See also the discussion of 
this issue in the Cincinnati, Ohio ozone redesignation, 65 FR 37890 
(June 19, 2000), and the Pittsburgh, Pennsylvania ozone redesignation, 
66 FR 50399 (October 19, 2001).
    We have reviewed the Illinois SIP and have concluded that it meets 
the general SIP requirements under section 110 of the CAA, to the 
extent those requirements are applicable for purposes of 
redesignation.\3\
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    \3\ EPA has previously approved provisions of the Illinois SIP 
addressing section 110 elements under the 2008 ozone NAAQS. See 79 
FR 62042 (Oct. 16, 2014) and 84 FR 49671 (Sept. 23, 2019).
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b. Part D Requirements
    Section 172(c) of the CAA sets forth the basic requirements of air 
quality plans for states with nonattainment areas that are required to 
submit them pursuant to section 172(b). Subpart 2 of part D, which 
includes section 182 of the CAA, establishes specific requirements for 
ozone nonattainment areas depending on the areas' nonattainment 
classifications.
    The Chicago area is classified as serious under subpart 2 for the 
2008 ozone NAAQS. As such, the area is subject to the subpart 1 
requirements contained in section 172(c) and section 176 as well as the 
subpart 2 requirements contained in sections 182(a), (b), and (c) 
(marginal, moderate, and serious nonattainment area requirements). A 
thorough discussion of the requirements contained in section 172(c) and 
182 can be found in the General Preamble.
i. Subpart 1 Section 172 Requirements
    Section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all RACM as expeditiously as 
practicable and to provide for attainment of the primary NAAQS. Under 
this requirement, a state must consider all available control measures, 
including reductions that are available from adopting RACT on existing 
sources, for a nonattainment area and adopt and implement such measures 
as are reasonably available in the area as components of the area's 
attainment demonstration. Illinois submitted an attainment 
demonstration for the Illinois portion of the Chicago 2008 ozone NAAQS 
moderate nonattainment area on January 10, 2019. Because attainment has 
been reached in the Illinois portion of the Chicago area, no additional 
measures are needed to provide for attainment, and section 172(c)(1) 
requirements are no longer considered to be applicable as long as the 
area continues to attain the standard until redesignation. See 40 CFR 
51.918. If EPA finalizes the redesignation of the area, EPA will take 
no further action on the attainment demonstration submitted by 
Illinois.
    The RFP requirement under section 172(c)(2) is defined as progress 
that must be made toward attainment. This requirement is not relevant 
for purposes of redesignation because the Chicago area has monitored 
attainment of the 2008 ozone NAAQS. See General Preamble, 57 FR at 
13564.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. This 
requirement was superseded by the inventory requirement in section 
182(a)(1) discussed below.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in an 
area, and section 172(c)(5) requires source permits for the 
construction and operation of new and modified major stationary sources 
anywhere in the nonattainment area. On February 6, 2019 (84 FR 2063), 
EPA approved Illinois' certification that its existing SIP approved NSR 
regulations fully satisfy the NSR requirements set forth in 40 CFR 
51.165 for both marginal and moderate ozone nonattainment areas for the 
2008 ozone NAAQS. Nonetheless, EPA has determined that, since PSD 
requirements will apply after redesignation, an area being redesignated 
need not comply with the requirement that the NSR program be approved 
prior to redesignation, provided that the area demonstrates maintenance 
of the NAAQS without part D NSR. A more detailed rationale for this 
view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Illinois has demonstrated that the 
Illinois portion of the Chicago area will be able to maintain the 2008 
ozone NAAQS without part D NSR in effect; therefore,

[[Page 13673]]

EPA concludes that the state need not have a fully approved part D NSR 
program prior to approval of the redesignation request. See rulemakings 
for Detroit, Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-
Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, 
Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids, Michigan 
(61 FR 31834-31837, June 21, 1996). The Illinois PSD program will 
become effective in the Illinois portion of the Chicago area upon 
redesignation to attainment. EPA approved Illinois' PSD program on 
September 9, 2021 (86 FR 50459).
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the standard. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we believe the 
Illinois SIP meets the requirements of section 110(a)(2) for purposes 
of redesignation.
    Section 172(c)(9) requires the SIP to provide for the 
implementation of contingency measures if the area fails to make 
reasonably further progress or to attain the NAAQS by the attainment 
deadline. Because the Illinois portion of the Chicago area has attained 
the ozone NAAQS and is no longer subject to an RFP requirement, the 
section 172(c)(9) contingency measures are not applicable for purposes 
of redesignation. (General Preamble, 57 FR at 13564). See also 40 CFR 
51.918.
ii. Section 176 Conformity Requirements
    Section 176(c) of the CAA requires that federally supported or 
funded projects conform to the applicable SIP. The requirement to 
determine conformity applies to transportation plans, programs and 
projects that are developed, funded or approved under title 23 of the 
United States Code (U.S.C.) and the Federal Transit Act (transportation 
conformity) as well as to all other federally supported or funded 
projects (general conformity). State transportation conformity SIP 
revisions must be consistent with Federal conformity regulations 
relating to consultation, enforcement and enforceability that EPA 
promulgated pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \4\ as not applying 
for purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and Federal conformity rules apply where state conformity rules have 
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) 
(upholding this interpretation); see also 60 FR 62748 (December 7, 
1995) (redesignation of Tampa, Florida).
---------------------------------------------------------------------------

    \4\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from SIPs requiring the development of Motor 
Vehicle Emission Budgets, such as control strategy SIPs and 
maintenance plans.
---------------------------------------------------------------------------

    EPA approved Illinois' general conformity SIP on December 23, 1997 
(62 FR 67000). Illinois does not have a federally approved 
transportation conformity SIP. However, Illinois performs conformity 
analyses pursuant to EPA's Federal conformity rules. Illinois has also 
submitted 2035 VOC and NOX Budgets for the Illinois portion 
of the Chicago area. The metropolitan planning organization that covers 
the Illinois portion of this area must use these Budgets in any 
conformity determination that is effective on or after the effective 
date of the maintenance plan approval.
iii. Subpart 2 Section 182(a), (b), and (c) Requirements
    Section 182(a)(1) requires states to submit a comprehensive, 
accurate, and current inventory of actual emissions from sources of VOC 
and NOX emitted within the boundaries of the ozone 
nonattainment area. EPA approved Illinois' base year emissions 
inventory for the Illinois portion of the Chicago area on March 7, 2016 
(81 FR 11671) and August 19, 2020 (85 FR 50955).
    Under section 182(a)(2)(A), states with ozone nonattainment areas 
that were designated prior to the enactment of the 1990 CAA amendments 
were required to submit, within six months of classification, all rules 
and corrections to existing VOC RACT rules that were required under 
section 172(b)(3) prior to the 1990 CAA amendments. The Illinois 
portion of the Chicago area is not subject to the section 182(a)(2) 
RACT ``fix up'' requirement for the 2008 ozone NAAQS because it was 
designated as nonattainment for this standard after the enactment of 
the 1990 CAA amendments and because Illinois complied with this 
requirement for the Illinois portion of the Chicago area under the 
prior 1-hour ozone NAAQS. See February 21, 1980 (45 FR 11472); November 
21, 1987 (52 FR 45333); and September 9, 1994 (59 FR 46562).
    Section 182(a)(2)(B) requires each state with a marginal ozone 
nonattainment area that implemented or was required to implement a 
vehicle I/M program prior to the 1990 CAA Amendments to submit a SIP 
revision for an I/M program no less stringent than that required prior 
to the 1990 CAA Amendments or already in the SIP at the time of the CAA 
Amendments, whichever is more stringent. For the purposes of the 2008 
ozone standard and the consideration of Illinois' redesignation request 
for this standard, the Illinois portion of the Chicago area is not 
subject to the section 182(a)(2)(B) requirement because the area was 
designated as nonattainment for the 2008 ozone standard after the 
enactment of the 1990 CAA Amendments and because Illinois complied with 
this requirement for the Illinois portion of the Chicago area under the 
prior 1-hour ozone NAAQS.
    Section 182(a)(3) requires states to submit periodic emission 
inventories and a revision to the SIP to require the owners or 
operators of stationary sources to annually submit emission statements 
documenting actual VOC and NOX emissions. As discussed below 
in section IV.D.4. of this proposed rule, Illinois will continue to 
update its emissions inventory at least once every three years. EPA 
approved Illinois' emission statement SIP for the Illinois portion of 
the Chicago area for the 2008 ozone NAAQS on July 11, 2017 (82 FR 
31913).
    Section 182(b)(1) requires the submission of an attainment 
demonstration and RFP plan. Illinois submitted an attainment 
demonstration and RFP plan for the Illinois portion of the Chicago 2008 
ozone NAAQS moderate nonattainment area on January 10, 2019. Because 
attainment has been reached, section 182(b)(1) requirements are no 
longer considered to be applicable if the area continues to attain the 
standard. If EPA finalizes approval of the redesignation of the area, 
EPA will take no further action on the attainment demonstration 
submitted by Illinois.
    Section 182(b)(2) requires states with moderate nonattainment areas 
to implement VOC RACT with respect to each of the following: (1) All 
sources covered by a Control Technology Guideline (CTG) document issued 
between November 15, 1990, and the date of attainment; (2) all sources 
covered by a CTG issued prior to November 15, 1990; and (3) all other 
major non-CTG stationary sources. EPA approved Illinois' moderate VOC 
RACT SIP for the Illinois portion of the Chicago area on August 13, 
2021 (86 FR 44616). Illinois submitted VOC RACT at the serious major 
source threshold on

[[Page 13674]]

January 25, 2022. As discussed in section VI., below, EPA is proposing 
to approve these submittals as meeting the serious VOC RACT 
requirements of section 182(b)(2) of the CAA. EPA will not finalize 
this redesignation until we have fully approved Illinois' VOC RACT SIP.
    Section 182(b)(3) requires states to adopt Stage II gasoline vapor 
recovery regulations. On May 16, 2012 (77 FR 28772), EPA determined 
that the use of onboard vapor recovery technology for capturing 
gasoline vapor when gasoline-powered vehicles are refueled is in 
widespread use throughout the highway motor vehicle fleet and waived 
the requirement that current and former ozone nonattainment areas 
implement Stage II vapor recovery systems on gasoline pumps.
    Section 182(b)(4) requires a basic vehicle I/M program in each 
state with a moderate ozone nonattainment area. EPA approved Illinois' 
enhanced I/M program on February 22, 1999 (64 FR 8517) and on August 
13, 2014 (79 FR 47377). EPA approved Illinois' I/M program 
certification for the Illinois portion of the Chicago area for the 
moderate classification of the 2008 ozone NAAQS on August 19, 2020 (85 
FR 50955).
    Regarding the source permitting and offset requirements of sections 
182(a)(2)(C), 182(a)(4), and 182(b)(5), Illinois currently has a fully 
approved part D NSR program in place. EPA approved Illinois' NSR SIP on 
May 13, 2003 (68 FR 25504), September 27, 1995 (60 FR 49778), December 
17, 1992 (57 FR 59928), March 31, 1986 (51 FR 10837), September 25, 
1985 (50 FR 38803), September 3, 1981 (46 FR 44172), and February 21, 
1980 (45 FR 11470). Further, EPA approved Illinois' SIP revision 
addressing the NSR requirements for the 2008 ozone NAAQS on February 6, 
2019 (84 FR 2063). In addition, EPA approved Illinois' PSD program on 
September 9, 2021 (86 FR 50459), which will become effective in the 
Illinois portion of the Chicago area upon redesignation to attainment.
    Section 182(c) contains the requirements for areas classified as 
serious. On August 23, 2019 (84 FR 44238), EPA reclassified the Chicago 
area from moderate to serious and established August 3, 2020 and March 
23, 2021 as the due dates for serious area SIP revisions.
    Section 182(c)(1) of the CAA requires states with nonattainment 
areas classified serious or higher to adopt and implement a program to 
improve air monitoring for ambient concentrations of ozone, 
NOX and VOC. EPA initiated the Photochemical Assessment 
Monitoring Stations (PAMS) program in February 1993. The PAMS program 
required the establishment of an enhanced monitoring network in all 
ozone nonattainment areas classified as serious, severe, or extreme. On 
February 25, 1994 (59 FR 9091), EPA approved Illinois' SIP revision 
establishing an EMP. For the reasons discussed in section IX, EPA is 
proposing to approve the Illinois' EMP certification for the 2008 ozone 
NAAQS. EPA will not finalize this redesignation until it has approved 
the EMP program certification.
    CAA section 182(c)(3) requires states with ozone nonattainment 
areas classified as serious or higher to adopt and implement a program 
for an Enhanced I/M program. Illinois submitted an Enhanced I/M 
performance modeling analysis on January 25, 2022 to support the I/M 
program certification. For the reasons discussed in section VII, below, 
EPA is proposing to approve the Illinois I/M certification as meeting 
the section 182(c)(3) serious enhanced I/M requirements for the 
Illinois portion under the 2008 ozone NAAQS. EPA will not finalize this 
redesignation until it has approved the I/M program certification.
    CAA section 182(c)(4) requires states with ozone nonattainment 
areas classified as serious or higher to submit a SIP revision 
describing implementation of a CFVP, as described in CAA title II part 
C (40 CFR 88). EPA approved Illinois' CFVP on March 19, 1996 (61 FR 
11139). CAA section 182(c)(4) included numerical standards for the CFVP 
that were intended to encourage innovation and reduce emissions for 
fleets of motor vehicles in certain nonattainment areas as compared to 
conventionally fueled vehicles available at the time. As originally 
adopted, those Clean Fuel Fleet standards were substantially more 
stringent than the standards that applied to vehicles and engines 
generally. Now that EPA has begun implementing Tier 3 emission 
standards in 40 CFR part 86, subpart S, the Clean Fuel Fleet standards 
are either less stringent than or equivalent to the standards that 
apply to vehicles and engines generally. On July 29, 2021 (86 FR 
34308), EPA published a final rule in which EPA determined that 
vehicles and engines certified to current emission standards under 40 
CFR part 86 or 1036 are deemed to also meet the Clean Fuel Fleet 
standards as Ultra Low-Emission Vehicles.
    For the reasons discussed in section VIII., EPA is proposing to 
approve the Illinois' certification that its current CFVP meets the 
serious CFVP requirements for the Illinois portion for the 2008 ozone 
NAAQS. EPA will not finalize this redesignation until it has approved 
the CFVP program.
    The remaining section 182(c) requirements for areas classified as 
serious include: An attainment demonstration, RFP, RFP contingency 
measures, and a transportation control demonstration. These elements 
are not needed to redesignate the Illinois portion because the area has 
attained the 2008 ozone NAAQS. This rationale is outlined in 40 CFR 
51.918, the General Preamble, and the Calcagni memorandum at 6 (``The 
requirements for reasonable further progress and other measures needed 
for attainment will not apply for redesignations because they only have 
meaning for areas not attaining the standard.''). EPA believes that it 
is reasonable to interpret these provisions so as not to require areas 
that are meeting the ozone standard to make the SIP submissions to EPA 
described in the provisions as long as the areas continue to meet the 
standard. (If such an area were to monitor a violation of the standard 
prior to being redesignated to attainment, however, the area would have 
to address the pertinent requirements and submit the SIP revisions 
described in those provisions to EPA.)
    Thus, as discussed above, with approval of Illinois' VOC RACT, 
enhanced I/M certification, the CFVP certification, the EMP SIP 
section, and the 182(f) waiver from NOX RACT, EPA finds that 
the Illinois portion will satisfy all applicable requirements for 
purposes of redesignation under section 110 and part D of the CAA.
    Section 182(f) of the CAA establishes NOX requirements 
for ozone nonattainment areas. Section 182(f)(1) generally requires 
major sources of NOX to be covered by the same levels of 
emission controls as required for major sources of VOC. Since moderate 
(or above) ozone nonattainment areas are required to be covered by RACT 
rules for major VOC sources, these ozone nonattainment areas are also 
required to have NOX RACT rules. Section 182(f)(1) of the 
CAA, however, also provides that the requirement for such 
NOX emission controls does not apply (can be waived) in an 
area if the Administrator determines that net air quality benefits are 
greater in the absence of the NOX emission reductions. The 
NOX emission control requirements can also be waived if the 
Administrator determines that additional reductions of NOX 
emissions would not contribute to attainment of the ozone NAAQS.

[[Page 13675]]

    On January 25, 2022, Illinois requested a waiver from 
NOX RACT requirements for the Illinois portion of the 
Chicago area based on the fact that the 2008 ozone standard had been 
attained in the Chicago area and additional NOX emission 
reductions in this area are not needed to attain the 2008 ozone NAAQS. 
As discussed in section X below, EPA is proposing to grant Illinois a 
waiver from NOX RACT for the Illinois portion of the Chicago 
area for the 2008 ozone NAAQS.
    The Illinois portion has a fully approved SIP for purposes of 
redesignation under section 110(k) of the CAA. At various times, 
Illinois has adopted and submitted, and EPA has approved, provisions 
addressing the various SIP elements applicable for the ozone NAAQS. As 
discussed above, if EPA finalizes approval of Illinois' VOC RACT 
submissions, enhanced I/M certification, CFVP certification, EMP 
certification, and 182(f) waiver from NOX RACT, EPA will 
have fully approved the Illinois SIP for the Illinois portion of the 
Chicago area under section 110(k) for all requirements applicable for 
purposes of redesignation under the 2008 ozone NAAQS. EPA may rely on 
prior SIP approvals in approving a redesignation request (see the 
Calcagni memorandum at page 3; Southwestern Pennsylvania Growth 
Alliance v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. 
EPA, 265 F.3d 426 (6th Cir. 2001)). Additional measures may also be 
approved in conjunction with a redesignation action (see 68 FR 25426 
(May 12, 2003) and citations therein).

C. Are the air quality improvements in the Chicago area due to 
permanent and enforceable emission reductions?

    To redesignate an area from nonattainment to attainment, section 
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air 
quality improvement in the area is due to permanent and enforceable 
reductions in emissions resulting from the implementation of the SIP 
and applicable Federal air pollution control regulations and other 
permanent and enforceable emission reductions. EPA has determined that 
Illinois has demonstrated that that the observed ozone air quality 
improvement in the Illinois portion of the Chicago area is due to 
permanent and enforceable reductions in VOC and NOX 
emissions resulting from state measures adopted into the SIP and 
Federal measures.
    In making this demonstration, the state has calculated the change 
in emissions between 2011 and 2019. The reduction in emissions and the 
corresponding improvement in air quality over this time period can be 
attributed to several regulatory control measures that the Chicago area 
and upwind areas have implemented in recent years. In addition, 
Illinois provided an analysis to demonstrate the improvement in air 
quality was not due to unusually favorable meteorology. Based on the 
information summarized below, EPA finds that Illinois has adequately 
demonstrated that the improvement in air quality is due to permanent 
and enforceable emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
    Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule 
(CSAPR). Under the ``good neighbor provision'' of CAA section 
110(a)(2)(D)(i)(I), states are required to address interstate transport 
of air pollution. Specifically, the good neighbor provision provides 
that each state's SIP must contain provisions prohibiting emissions 
from within that state which will contribute significantly to 
nonattainment of the NAAQS, or interfere with maintenance of the NAAQS, 
in any other state.
    On May 12, 2005, EPA published CAIR, which required eastern states, 
including Illinois, to prohibit emissions consistent with annual and 
ozone season NOX budgets and annual sulfur dioxide 
(SO2) budgets (70 FR 25152). CAIR addressed the good 
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate 
matter (PM2.5) NAAQS and was designed to mitigate the impact 
of transported NOX emissions, a precursor of both ozone and 
PM2.5, as well as transported SO2 emissions, 
another precursor of PM2.5. The United States Court of 
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded 
CAIR to EPA for replacement in 2008. North Carolina v. EPA, 531 F.3d 
896, modified, 550 F.3d 1176 (2008). While EPA worked on developing a 
replacement rule, implementation of the CAIR program continued as 
planned with the NOX annual and ozone season programs 
beginning in 2009 and the SO2 annual program beginning in 
2010.
    On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's 
remand, EPA published CSAPR to replace CAIR and to address the good 
neighbor provision for the 1997 ozone NAAQS, the 1997 PM2.5 
NAAQS, and the 2006 PM2.5 NAAQS. Through Federal 
Implementation Plans, CSAPR required electric generating units (EGUs) 
in eastern states, including Illinois, to meet annual and ozone season 
NOX budgets and annual SO2 budgets implemented 
through new trading programs. After delays caused by litigation, EPA 
started implementing the CSAPR trading programs in 2015, simultaneously 
discontinuing administration of the CAIR trading programs. On October 
26, 2016, EPA published the CSAPR Update, which established, starting 
in 2017, a new ozone season NOX trading program for EGUs in 
eastern states, including Illinois, to address the good neighbor 
provision for the 2008 ozone NAAQS (81 FR 74504). The CSAPR Update is 
estimated to result in a 20 percent reduction in ozone season 
NOX emissions from EGUs in the eastern United States, a 
reduction of 80,000 tons in 2017 compared to 2015 levels. The reduction 
in NOX emissions from the implementation of CAIR and then 
CSAPR occurred by the attainment years and additional emission 
reductions will occur throughout the maintenance period.
b. Illinois Point Source Reductions
    Illinois has implemented several programs to control emissions for 
point sources. Illinois has RACT for all major emissions sources and 
for all sources covered by a CTG. A CTG is a document issued by EPA 
which establishes a ``presumptive norm'' for RACT for a specific VOC 
source category. Illinois has adopted New Source Performance Standards 
(NSPS) for three source categories: Reciprocating Internal Combustion 
Engine Standards; Industrial/Commercial/Institutional Steam Generating 
Units; and Crude Oil and Natural Gas Production, Transmission and 
Distribution. National Emission Standards for Hazardous Air Pollutants 
(NESHAP)/Maximum Achievable Control Technology (``MACT'') Standards 
that cover the Reciprocating Internal Combustion Engines, Industrial/
Commercial/Institutional Boilers and Process Heaters source categories 
are also being implemented in the Illinois portion.
c. Federal Emission Control Measures
    Reductions in VOC and NOX emissions have occurred 
statewide and in upwind areas as a result of Federal emission control 
measures, with additional emission reductions expected to occur in the 
future. Federal emission control measures include the following:
    Tier 3 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3 
motor vehicle emission and fuel standards to reduce both tailpipe and 
evaporative emissions and to further reduce the sulfur content

[[Page 13676]]

in fuels. The rule is being phased in between 2017 and 2025. Tier 3 
sets new tailpipe standards for the sum of VOC and NOX and 
for particulate matter (PM). The VOC and NOX tailpipe 
standards for light-duty vehicles represent approximately an 80 percent 
reduction from today's fleet average and a 70 percent reduction in per-
vehicle PM standards. Heavy-duty tailpipe standards represent about a 
60 percent reduction in both fleet average VOC and NOX and 
per-vehicle PM standards. The evaporative emissions requirements in the 
rule will result in approximately a 50 percent reduction from current 
standards and apply to all light-duty and on-road gasoline-powered 
heavy-duty vehicles. Finally, the rule lowered the sulfur content of 
gasoline to an annual average of 10 ppm by January 2017. As projected 
by these estimates and demonstrated in the on-road emission modeling 
for the Illinois portion, some of these emission reductions occurred by 
the attainment years and additional emission reductions will occur 
throughout the maintenance period, as older vehicles are replaced with 
newer, compliant model years.
    Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for 
on-road heavy-duty diesel engines that includes standards limiting the 
sulfur content of diesel fuel. Emissions standards for NOX, 
VOC, and PM were phased in between model years 2007 and 2010. In 
addition, the rule reduced the highway diesel fuel sulfur content to 15 
parts per million by 2007, leading to additional reductions in 
combustion NOX and VOC emissions. EPA has estimated future 
year emission reductions due to implementation of this rule. 
Nationally, EPA estimated that by 2015 NOX and VOC emissions 
would decrease by 1,260,000 tons and 54,000 tons, respectively. 
Nationally, EPA estimated that by 2030 NOX and VOC emissions 
will decrease by 2,570,000 tons and 115,000 tons, respectively. As 
projected by these estimates and demonstrated in the on-road emission 
modeling for the Illinois portion, some of these emission reductions 
occurred by the attainment years and additional emission reductions 
will occur throughout the maintenance period, as older vehicles are 
replaced with newer, compliant model years.
    Non-road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a 
rule adopting emissions standards for non-road diesel engines and 
sulfur reductions in non-road diesel fuel. This rule applies to diesel 
engines used primarily in construction, agricultural, and industrial 
applications. Emission standards were phased in for the 2008 through 
2015 model years based on engine size. The sulfur limits for non-road 
diesel fuels were phased in from 2007 through 2012. EPA estimated that 
compliance with this rule will cut NOX emissions from these 
non-road diesel engines by approximately 90 percent. As projected by 
these estimates and demonstrated in the non-road emission modeling for 
the Illinois portion, some of these emission reductions occurred by the 
attainment years and additional emission reductions will occur 
throughout the maintenance period.
    Non-road Spark-Ignition Engines and Recreational Engine Standards. 
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for 
large spark-ignition engines such as those used in forklifts and 
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and 
recreational marine diesel engines. These emission standards were 
phased in from model year 2004 through 2012. EPA estimated an overall 
72 percent reduction in VOC emissions from these engines and an 80 
percent reduction in NOX emissions. As projected by these 
estimates and demonstrated in the non-road emission modeling for the 
Illinois portion, as shown in tables 2 and 3 below, some of these 
emission reductions occurred by the attainment years and additional 
emission reductions will occur throughout the maintenance period.
    Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR 
22896), EPA issued emission standards for marine compression-ignition 
engines at or above 30 liters per cylinder. Tier 2 emission standards 
applied beginning in 2011 and are expected to result in a 15 to 25 
percent reduction in NOX emissions from these engines. Final 
Tier 3 emission standards applied beginning in 2016 and are expected to 
result in approximately an 80 percent reduction in NOX from 
these engines. As projected by these estimates and demonstrated in the 
non-road emission modeling for the Illinois portion, some of these 
emission reductions occurred by the attainment years and additional 
emission reductions will occur throughout the maintenance period.
2. Emission Reductions
    Illinois is using a 2011 emissions inventory as the nonattainment 
year. This is appropriate because it was one of the years used to 
designate the Chicago area as nonattainment. Illinois is using 2019 as 
the attainment year, which is appropriate because it is one of the 
years in the 2019-2021 period used to demonstrate attainment.
    The 2011 emissions inventory was derived from an emissions 
inventory for the Chicago area approved by EPA as meeting the 
requirements of CAA section 182(a)(1). See 81 FR 11671 (March 7, 2016).
    Point source information was compiled from 2019 annual emissions 
reports submitted to the Illinois Environmental Protection Agency 
(Illinois EPA) by emission sources. Area source emissions were 
calculated primarily using an emission factor multiplied by an activity 
rate (e.g., population, employment, amount of fuel burned, etc.).
    On-road mobile source emissions were calculated using EPA's MOVES3 
emissions model with vehicle miles traveled (VMT) data provided by the 
Illinois Department of Transportation (IDOT). Non-road mobile source 
emissions were also calculated using EPA's MOVES3 emissions model. 
Aircraft emissions were developed using the Federal Aviation 
Administration's data from the 2017 Terminal Area Forecast for the 
Illinois portion of the Chicago area. Emissions from locomotives were 
developed from 2017 values using existing work from other rail 
projects. Commercial marine vessel emissions were developed from 2019 
values using the Army Corps of Engineers 2019 report of Waterborne 
Commerce of the United States.
    Illinois has projected NOX and VOC emissions for the 
Illinois portion of the Chicago area for 2035. Illinois has also 
projected 2030 emissions to represent a midpoint during the maintenance 
period. Emissions for these two projection years are compared to 
emission levels in 2019 to determine whether the maintenance plan is 
adequate to maintain the NAAQS during this period. Point and area 
source categories, along with non-road categories not calculated by the 
MOVES model, were calculated using EPA's 2011 Version 6.2 emissions 
modeling platform, also known as the NODA. This data set projects 2011 
emissions to 2017 and 2025. To account for a base year of 2019 and 
projected years of 2030 and 2035, additional manipulation had to be 
performed to obtain appropriate growth factors. In this case, the Excel 
TREND function was used to extrapolate data from the individual years 
of 2017 to 2025 in order to obtain 2030 emissions.
    Emissions presented in the NODA are expressed in tons/year. Growth 
factors for the applicable year (2030 or 2035) were calculated by 
taking the ratio of the future year to the base year. Illinois had 
already calculated daily emissions

[[Page 13677]]

for the 2019 inventory, so calculating emissions for the future years 
was a simple multiplication of the applicable growth factor to obtain 
the future year emissions.
    Illinois EPA's 2019 inventory included some point sources that 
began operation after the 2011 NODA base year. These emissions were 
grown using growth factors already calculated using the NODA for the 
same source classification codes (SCC). Illinois modified the 
projections in the NODA point source portion of the inventory in 
certain cases where fuel switching and/or shutdowns occurred. Two large 
combustion sources were also included in the 2030 and 2035 point source 
inventories. These sources obtained a construction permit but have not 
yet been constructed. Daily emissions for these sources were calculated 
by dividing the allowable emissions by 365.
    On-road and non-road emissions for 2030 and 2035 were calculated 
using the MOVES3 model. The inputs assume the continued phase-in of the 
Tier 3 standards beginning in 2017, and continued operation of 
Illinois' vehicle I/M program, and all existing fuel programs.
    As part of common practice when projecting non-road emissions, 
emissions from a proposed third airport for the Chicago area have been 
included in this inventory.
    Emissions for the Indiana and Wisconsin portions of the Chicago 
area were based on inventories developed by those states in an earlier 
round of redesignation requests. For the current document, 2011 and 
2030 emissions are directly taken from these earlier inventories, 
whereas 2019 and 2035 emissions were determined by interpolation and 
extrapolation from these inventories.
    Using the inventories described above, Illinois' submittal 
documents the changes in VOC and NOX emissions from 2011 to 
2019 for the Illinois portion area. Emissions data are shown in Tables 
2 and 3.

  Table 2--Emissions Reduction of NOX Emissions for the Illinois, Indiana, and Illinois Portions of the Chicago
                                          Nonattainment Area 2011-2019
                                                   [tons/day]
----------------------------------------------------------------------------------------------------------------
                                                                       2011            2019          Emissions
                             Sector                                Nonattainment    Attainment       reduction
                                                                       year            year          2011-2019
----------------------------------------------------------------------------------------------------------------
Illinois:
    Point.......................................................          119.99           82.78           37.21
    Area........................................................           32.03           34.63           -2.60
    On-Road.....................................................          285.34          134.37          150.97
    Non-road....................................................          176.60          121.65           54.95
                                                                 -----------------------------------------------
        Total...................................................          613.96          373.43          240.53
----------------------------------------------------------------------------------------------------------------
Indiana:
    Point.......................................................           94.81           64.20           30.61
    Area........................................................            9.39            0.91            8.48
    On-road.....................................................           24.70           14.91            9.79
    Non-road....................................................           15.84           13.43            2.41
                                                                 -----------------------------------------------
        Total...................................................          144.74           93.45           51.29
----------------------------------------------------------------------------------------------------------------
Wisconsin:
    Point.......................................................            8.80            0.08            8.72
    Area........................................................            1.20            1.13            0.07
    On-Road.....................................................            4.82            1.81            3.01
    Non-road....................................................            2.25            1.64            0.61
                                                                 -----------------------------------------------
        Total...................................................           17.07            4.66           12.41
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI 2008 ozone area:
    Illinois....................................................          613.96          373.43          240.53
    Indiana.....................................................          144.74           93.45           51.29
    Wisconsin...................................................           17.07            4.66           12.41
                                                                 -----------------------------------------------
        Total...................................................          775.77          471.54          304.23
----------------------------------------------------------------------------------------------------------------


 Table 3--Emissions Reduction of VOC Emissions for the Illinois, Indiana, and Wisconsin Portions of the Chicago
                                          Nonattainment Area 2011-2019
                                                   [tons/day]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Emissions
                             Sector                                    2011            2019       reduction 2011-
                                                                                                       2019
----------------------------------------------------------------------------------------------------------------
Illinois:
    Point.......................................................           48.25           46.32            1.93
    Area........................................................          215.14          232.00          -16.86
    On-Road.....................................................           72.43           66.45            5.98
    Non-road....................................................          101.83           67.67           34.16
                                                                 -----------------------------------------------

[[Page 13678]]

 
        Total...................................................          437.65          412.44           25.21
----------------------------------------------------------------------------------------------------------------
Indiana:
    Point.......................................................           17.76           11.30            6.46
    Area........................................................           18.26           17.00            1.26
    On-road.....................................................            9.58            6.80            2.78
    Non-road....................................................           21.43            5.53           15.90
                                                                 -----------------------------------------------
        Total...................................................           67.03           40.63           26.40
----------------------------------------------------------------------------------------------------------------
Wisconsin:
    Point.......................................................            0.64            0.19            0.45
    Area........................................................            4.10            3.58            0.52
    On-Road.....................................................            1.90            0.89            1.01
    Non-road....................................................            1.14            0.70            0.44
                                                                 -----------------------------------------------
        Total...................................................            7.78            5.36            2.42
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI 2008 ozone area:
    Illinois....................................................          437.65          412.44           25.21
    Indiana.....................................................           67.03           40.63           26.40
    Wisconsin...................................................            7.78            5.36            2.42
                                                                 -----------------------------------------------
        Total...................................................          512.46          458.43           54.03
----------------------------------------------------------------------------------------------------------------

    As shown in Table 2 and 3, NOX and VOC emissions in the 
Illinois portion declined by 240.53 tons/day and 25.21 tons/day, 
respectively, between 2011 and 2019. NOX and VOC emissions 
throughout the entire Chicago area declined by 304.23 tons/day and 
54.03 tons/day, respectively, between 2011 and 2019.
3. Meteorology
    To further support Illinois' demonstration that the improvement in 
air quality between the year violations occurred and the year 
attainment was achieved is due to permanent and enforceable emission 
reductions, and not unusually favorable meteorology, Illinois submitted 
a classification and regression tree (CART) analysis completed by the 
Lake Michigan Air Directors Consortium (LADCO). A CART analysis is a 
statistical analysis that constructs ozone concentration trends for 
high ozone days having similar meteorological characteristics. The 
purpose of this analysis is to minimize the effect of meteorological 
variability on the trend in ozone concentrations. The resulting trend 
in ozone concentrations is due to reductions of anthropogenic 
emissions.
    The CART analysis used ozone concentrations from the Zion and 
Chiwaukee monitors for the 2005-2020 period. These two monitors were 
chosen because the Chiwaukee monitor is the design value monitor for 
the Chicago area and the Zion monitor is very near the location of the 
Chiwaukee monitor. Both monitors are north of the urban center, as well 
as being near the Lake Michigan shoreline. The CART analysis shows that 
days with high ozone as well as high temperatures and southerly winds 
show a marked decrease in ozone concentrations over the 16-year period. 
The analysis supports the conclusion that the decrease in ozone 
concentrations leading to attainment of the ozone standard in the 
Chicago area is caused by actual reductions in emissions, not by 
favorable meteorological conditions.
    As discussed above, Illinois identified numerous permanent and 
enforceable control measures that resulted in the reduction of VOC and 
NOX emissions from 2011 to 2019. In addition, LADCO's CART 
analyses of meteorological variables associated with ozone formation 
demonstrate that the improvement in air quality in the Chicago area 
between the year violations occurred and the year attainment was 
achieved is not due to unusually favorable meteorology. Therefore, EPA 
finds that Illinois has shown that the air quality improvements in the 
Illinois portion of the Chicago area are due to permanent and 
enforceable emissions reductions.

D. Does Illinois have a fully approvable ozone maintenance plan for the 
Chicago area?

    As one of the criteria for redesignation to attainment section 
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has 
a fully approved maintenance plan pursuant to section 175A of the CAA. 
Section 175A of the CAA sets forth the elements of a maintenance plan 
for areas seeking redesignation from nonattainment to attainment. Under 
section 175A, the maintenance plan must demonstrate continued 
attainment of the NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment of the NAAQS will continue for an 
additional 10 years beyond the initial 10-year maintenance period. To 
address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures, as EPA deems necessary, to 
ensure prompt correction of the future NAAQS violation.
    The Calcagni Memorandum provides further guidance on the content of 
a maintenance plan, explaining that a maintenance plan should address 
five elements: (1) An attainment emission inventory; (2) a maintenance 
demonstration; (3) a commitment for continued air quality monitoring; 
(4) a

[[Page 13679]]

process for verification of continued attainment; and (5) a contingency 
plan. In conjunction with its request to redesignate the Illinois 
portion of the Chicago area to attainment for the 2008 ozone NAAQS, 
Illinois submitted a SIP revision to provide for maintenance of the 
2008 ozone NAAQS through 2035, more than 10 years after the expected 
effective date of the redesignation to attainment. As discussed below, 
EPA proposes to find that Illinois' ozone maintenance plan includes the 
necessary components and to approve the maintenance plan as a revision 
of the Illinois SIP.
1. Attainment Inventory
    EPA is proposing to determine that the Illinois portion of the 
Chicago area has attained the 2008 ozone NAAQS based on monitoring data 
for the 2019-2021 period. Illinois selected 2019 as the attainment 
emissions inventory year to establish attainment emission levels for 
VOC and NOX. The attainment emissions inventory identifies 
the levels of emissions in the Chicago area that are sufficient to 
attain the 2008 ozone NAAQS. The derivation of the attainment year 
emissions was discussed above in section IV.C.2 of this proposed rule. 
The attainment level emissions, by source category, are summarized in 
Tables 2 and 3 above.
2. Has the state documented maintenance of the ozone standard in the 
Chicago area?
    Illinois has demonstrated maintenance of the 2008 ozone NAAQS 
through 2035 by ensuring that current and future emissions of VOC and 
NOX for the Illinois portion of the Chicago area remain at 
or below attainment year emission levels. A maintenance demonstration 
need not be based on modeling.\5\ See Wall v. EPA, 265 F.3d 426 (6th 
Cir. 2001), Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 
66 FR 53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432 
(May 12, 2003).
---------------------------------------------------------------------------

    \5\ While modeling is not required, Illinois cited photochemical 
modeling performed by EPA and LADCO in support of the interstate 
transport ``Good Neighbor'' provision of the CAA for the 2015 ozone 
NAAQS. These modeling results project the highest 2023 average 
design values to be 0.0662 and 0.0668, well below the 2008 ozone 
NAAQS. Compared to actual monitored 2009-2013 average design values, 
both sets of 2023 modeling results show large decreases in ozone 
concentrations, especially on in the heart of the urban area and at 
the critical monitors at the north of the nonattainment area along 
the shore of Lake Michigan. These results provide evidence that 
ozone concentrations will continue to decrease across the entire 
nonattainment area.
---------------------------------------------------------------------------

    Illinois is using emissions inventories for the years 2030 and 2035 
to demonstrate maintenance. 2035 is more than 10 years after the 
expected effective date of the redesignation to attainment and 2030 was 
selected to demonstrate that emissions are not expected to spike in the 
interim between the attainment year and the final maintenance year. The 
emissions inventories were developed as described below.
    Illinois calculated emissions for point and area source categories, 
along with non-road categories not calculated by the MOVES model, using 
the NODA. This data set projects 2011 emissions to 2019 and 2035.
    Emissions presented in the NODA are expressed in tons/year. Growth 
factors for the applicable year (2030 or 2035) were calculated by 
taking the ratio of the future year to the base year. Illinois had 
already calculated daily emissions for the 2019 attainment inventory, 
so to calculate emissions for the future years, Illinois multiplied the 
2019 emissions by the applicable growth factor. Illinois' 2019 
inventory included some point sources that began operation after the 
2011 NODA base year. These emissions were developed using growth 
factors already calculated using the NODA for the same SCC. Illinois 
EPA notes that the projections in the NODA calculated by the IPM model 
do not agree in certain cases with what Illinois believes will actually 
happen with fuel switching and/or shutdowns. In those cases, Illinois 
modified the NODA projections in the point source portion of the 
inventory. In the 2030 and 2035 point source inventories, Illinois also 
included two large combustion sources that have obtained construction 
permits but have not yet been constructed. Daily emissions for these 
sources were calculated by dividing the allowable emissions by 365.
    On-road and non-road emissions for 2030 and 2035 were calculated 
using the MOVES3 model. The inputs assume the continued phase-in of the 
phase-in of the Tier 3 standards beginning in 2017, continued operation 
of Illinois' vehicle I/M program, and reformulated gasoline program). 
Total VMT for 2030 and 2035 were assumed to increase at a rate of 1.5 
percent per year from 2019. As part of common practice when projecting 
non-road emissions, emissions from a proposed third airport for the 
Chicago area have been included in this inventory.
    Projected emissions data are shown in Tables 4 and 5 below.

 Table 4--Projected Emissions of NOX Emissions for the Illinois, Indiana, and Wisconsin Portions of the Chicago
                                        Nonattainment Area 2030 and 2035
                                                   [tons/day]
----------------------------------------------------------------------------------------------------------------
                                                       2019                            2035          Emissions
                     Sector                         Attainment     2030 Interim     Maintenance   reduction 2019-
                                                       year            year            year            2035
----------------------------------------------------------------------------------------------------------------
llinois:
    Point.......................................           82.78           97.92          101.13          -18.35
    Area........................................           34.63           34.98           35.15           -0.52
    On-Road.....................................          134.37           55.93           48.80           85.57
    Non-road....................................          121.65          106.10          108.27           13.38
                                                 ---------------------------------------------------------------
        Total...................................          373.43          294.93          293.35           80.08
----------------------------------------------------------------------------------------------------------------
Indiana:
    Point.......................................           64.20           62.23           61.93            2.27
    Area........................................            0.91            0.88            0.87            0.04
    On-road.....................................           14.91            6.62            5.51            9.40
    Non-road....................................           13.43           10.25            8.49            4.94
                                                 ---------------------------------------------------------------

[[Page 13680]]

 
        Total...................................           93.45           79.98           76.80           16.65
----------------------------------------------------------------------------------------------------------------
Wisconsin:
    Point.......................................            0.08            0.12            0.12           -0.04
    Area........................................            1.13            0.95            0.96            0.17
    On-Road.....................................            1.81            0.85            0.70            1.11
    Non-road....................................            1.64            1.21            1.21            0.43
    EGU Emission credit.........................  ..............            7.22            7.22            7.22
                                                 ---------------------------------------------------------------
        Total...................................            4.66            3.13            2.99            1.67
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI 2008 ozone area:
    Illinois....................................          373.43          294.93          293.35           80.08
    Indiana.....................................           93.45           79.98           76.80           16.65
    Wisconsin...................................            4.66            3.13            2.99            1.67
                                                 ---------------------------------------------------------------
        Total...................................          471.54          378.04          373.14           98.40
----------------------------------------------------------------------------------------------------------------


 Table 5--Projected Emissions of VOC Emissions for the Illinois, Indiana, and Wisconsin Portions of the Chicago
                                        Nonattainment Area 2030 and 2035
                                                   [tons/day]
----------------------------------------------------------------------------------------------------------------
                                                       2019                            2035          Emissions
                     Sector                         Attainment     2030  Interim    Maintenance      reduction
                                                       year            year            year          2019-2035
----------------------------------------------------------------------------------------------------------------
Illinois:
    Point.......................................           46.32           44.61           46.56           -0.24
    Area........................................          232.00          225.11          221.67           10.33
    On-Road.....................................           66.45           37.43           34.26           32.19
    Non-road....................................           67.67           66.39           67.35            0.32
                                                 ---------------------------------------------------------------
        Total...................................          412.44          373.54          369.84           42.60
----------------------------------------------------------------------------------------------------------------
Indiana:
    Point.......................................           11.30           11.40           11.57           -0.27
    Area........................................           17.00           17.58           17.85           -0.85
    On-road.....................................            6.80            3.77            2.93            3.87
    Non-road....................................            5.53            4.80            4.35            1.18
                                                 ---------------------------------------------------------------
        Total...................................           40.63           37.55           36.70            3.93
----------------------------------------------------------------------------------------------------------------
Wisconsin:
    Point.......................................            0.19            0.26            0.26           -0.07
    Area........................................            3.58            3.49            3.56            0.02
    On-Road.....................................            0.89            0.54            0.47            0.42
    Non-road....................................            0.70            0.63            0.62            0.08
    EGU Emission credit.........................  ..............            0.37            0.37            0.37
                                                 ---------------------------------------------------------------
        Total...................................            5.36            4.92            4.91            0.45
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI 2008 ozone area:
    Illinois....................................          412.44          373.54          369.84           42.60
    Indiana.....................................           40.63           37.55           36.70            3.93
    Wisconsin...................................            5.36            4.92            4.91            0.45
                                                 ---------------------------------------------------------------
        Total...................................          458.43          416.01          411.45           46.98
----------------------------------------------------------------------------------------------------------------

    In summary, Illinois' maintenance demonstration for the Chicago 
area shows maintenance of the 2008 ozone NAAQS by providing emissions 
information to support the demonstration that future emissions of 
NOX and VOC will remain at or below 2019 emission levels 
when considering both future source growth and implementation of future 
controls. The NOX and VOC emissions in the Illinois portion 
of the Chicago area are projected to decrease by 80.08 tons/day and 
42.60 tons/day, respectively, between 2019 and 2035. NOX and 
VOC emissions in the entire Chicago area are projected to decrease by 
98.40 tons/day and 46.98

[[Page 13681]]

tons/day respectively between 2019 and 2035.
3. Continued Air Quality Monitoring
    Illinois has committed to continue monitoring ozone levels 
according to an EPA approved monitoring plan, as required to ensure 
maintenance of the ozone NAAQS. Should changes in the location of an 
ozone monitor become necessary, Illinois has committed to work with EPA 
to ensure the adequacy of the monitoring network. Illinois remains 
obligated to meet monitoring requirements and continue to quality 
assure monitoring data in accordance with 40 CFR part 58, and to enter 
all data into EPA's Air Quality System (AQS) in accordance with Federal 
guidelines.
4. Verification of Continued Attainment
    The State of Illinois has confirmed that it has the legal authority 
to implement and enforce the measures relied upon to attain and 
maintain the NAAQS pursuant to the Illinois Environmental Protection 
Act. This includes the authority to adopt, implement, and enforce any 
subsequent emission control measures determined to be necessary to 
correct future ozone attainment problems in the Illinois portion of the 
Chicago area.
    Verification of continued attainment is accomplished through 
operation of the ambient ozone monitoring network and the periodic 
update of the area's emissions inventory. Illinois will continue to 
operate an EPA approved ozone monitoring network. In addition, to track 
future levels of emissions, Illinois will continue to develop and 
submit to EPA updated emission inventories for all source categories at 
least once every 3 years, consistent with the requirements of 40 CFR 
part 51, subpart A, and in 40 CFR 51.122. The Consolidated Emissions 
Reporting Rule (CERR) was promulgated by EPA on June 10, 2002 (67 FR 
39602). The CERR was replaced by the Annual Emissions Reporting 
Requirements (AERR) on December 17, 2008 (73 FR 76539). The most recent 
triennial inventory for Illinois was compiled for 2014.
5. What is the contingency plan for the Illinois portion of the Chicago 
area?
    Section 175A of the CAA requires that the state must adopt a 
maintenance plan, as a SIP revision, that includes such contingency 
measures as EPA deems necessary to ensure that the state will promptly 
correct a violation of the NAAQS that occurs after redesignation of the 
area to attainment of the NAAQS. The maintenance plan must identify: 
The contingency measures to be considered and, if needed for 
maintenance, adopted and implemented; a schedule and procedure for 
adoption and implementation; and a time limit for action by the state. 
The state should also identify specific indicators to be used to 
determine when the contingency measures need to be considered, adopted, 
and implemented. The maintenance plan must include a commitment that 
the state will implement all measures with respect to the control of 
the pollutant that were contained in the SIP before redesignation of 
the area to attainment in accordance with section 175A(d) of the CAA.
    As required by section 175A of the CAA, Illinois has adopted a 
contingency plan for the Illinois portion to address possible future 
ozone air quality problems. The contingency plan adopted by Illinois 
has two levels of response, a Level I response and a Level II response.
    In Illinois' plan, a Level I response will be triggered in the 
event that: (1) The fourth highest ozone concentration at any 
monitoring site in the Chicago area exceeds 0.075 ppm in any year or 
(2) the maintenance area's NOX or VOC emissions inventories 
increase more than 5 percent above the levels included in the 2019 
attainment year inventories. Illinois committed to compiling VOC and 
NOX emissions inventories every three years for the duration 
of the Maintenance Plan to facilitate the emissions trends analysis. If 
a Level I response is triggered, Illinois will coordinate with LADCO 
and other Lake Michigan states to evaluate the causes of high ozone 
levels or the emissions trends and to determine if control measures are 
needed to ensure continued attainment of ozone NAAQS. Under Level I, 
measures that could be implemented in a short time would be selected, 
if any are deemed necessary, to be in place quickly after the Illinois 
EPA becomes aware that corrective measures have been triggered. Control 
measures selected under Level I will be adopted in most cases within 18 
months after a determination is made, and implemented, generally, 
within 24 months of adoption.
    A Level II response would be triggered if a violation of the ozone 
NAAQS occurs at a monitoring site within the Chicago maintenance area. 
In order to select appropriate corrective measures, Illinois will work 
with LADCO and other Lake Michigan states to conduct a comprehensive 
study to determine the causes of the violation and the control measures 
necessary to mitigate the problem. The analysis will examine the 
following factors: The number, location, and severity of the ambient 
ozone concentrations; the weather patterns contributing to ozone 
levels; potential contributing emissions sources; the geographic 
applicability of possible contingency measures; emissions trends, 
including timeliness of implementation of scheduled control measures; 
current and recently identified control technologies; and air quality 
contributions from outside the maintenance area. Implementation of 
necessary controls in response to a Level II trigger will take place as 
expeditiously as possible, but no later than 18 months after Illinois 
determines, based on quality-assured ambient data, that a violation of 
the NAAQS has occurred. Illinois will select contingency measures from 
the following list, or Illinois will implement other measures deemed 
appropriate and effective at the time the selection is made. However, 
Illinois is not limited to the measures on this list:
    Point Source Measures--Broader geographic applicability of existing 
measures, if determined to be an issue;
     Oil and Gas Sector Emission Guidelines, once finalized by 
EPA;
     Revisions to Illinois NOX state rules for 
boilers and engines.
     Implementation of OTC model rules for above ground storage 
tanks;
Mobile Source Measures
     Regulations on the Sale of Aftermarket Catalytic 
Converters
Area Source Measures
     Current California Commercial and Consumer Products--
Aerosol Adhesive Coatings, Dual Purpose Air Freshener/Disinfectant, 
etc.
     Regulations on Small Off-Road Engines (``SORE'').
    To qualify as a contingency measure, emissions reductions from that 
measure must not be factored into the emissions projections used in the 
maintenance plan.
    EPA has concluded that Illinois' maintenance plan adequately 
addresses the five basic components of a maintenance plan: Attainment 
inventory, maintenance demonstration, monitoring network, verification 
of continued attainment, and a contingency plan. In addition, as 
required by section 175A(b) of the CAA, Illinois has committed to 
submit to EPA an updated ozone maintenance plan eight years after 
redesignation of the Illinois portion of the Chicago area to cover an 
additional ten years beyond the initial 10-year maintenance period. 
Thus, EPA finds that the maintenance plan SIP revision submitted by 
Illinois for the Chicago area meets the

[[Page 13682]]

requirements of section 175A of the CAA and EPA proposes to approve it 
as a revision to the Illinois SIP.

V. Has the state adopted approvable motor vehicle emission budgets?

A. Motor Vehicle Emission Budgets

    Under section 176(c) of the CAA, new transportation plans, 
programs, or projects that receive Federal funding or support, such as 
the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the SIP. Conformity to the SIP means that 
transportation activities will not cause or contribute to any new air 
quality violations, increase the frequency or severity of any existing 
air quality problems, or delay timely attainment or any required 
interim emissions reductions or any other milestones. Regulations at 40 
CFR part 93 set forth EPA policy, criteria, and procedures for 
demonstrating and assuring conformity of transportation activities to a 
SIP. Transportation conformity is a requirement for nonattainment and 
maintenance areas. Maintenance areas are areas that were previously 
nonattainment for a particular NAAQS, but that have been redesignated 
to attainment with an approved CAA section 175A maintenance plan for 
the NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs for nonattainment areas and maintenance plans for 
areas seeking redesignations to attainment of the ozone standard and 
maintenance areas. See the SIP requirements for the 2008 ozone NAAQS in 
EPA's December 6, 2018 implementation rule (83 FR 62998). These control 
strategy SIPs (including reasonable further progress plans and 
attainment plans) and maintenance plans must include the Budgets for 
criteria pollutants, including ozone, and their precursor pollutants 
(VOC and NOX for ozone) to address pollution from on-road 
transportation sources. The Budgets are the portion of the total 
allowable emissions that are allocated to highway and transit vehicle 
use that, together with emissions from other sources in the area, will 
provide for attainment or maintenance. See 40 CFR 93.101.
    Under 40 CFR part 93, a Budget for an area seeking a redesignation 
to attainment must be established, at minimum, for the last year of the 
maintenance plan. A state may adopt Budgets for other years as well. 
The Budgets serve as a ceiling on emissions from an area's planned 
transportation system. The Budget concept is further explained in the 
preamble to the November 24, 1993, Transportation Conformity Rule (58 
FR 62188). The preamble also describes how to establish the Budget(s) 
in the SIP and how to revise the Budget, if needed, after initially 
establishing a Budget in the SIP.
    As discussed earlier, Illinois' maintenance plan includes 
NOX and VOC Budgets for the Illinois portion for 2035, the 
last year of the maintenance period. The Budgets were developed as part 
of an interagency consultation process which includes Federal, state, 
and local agencies. The Budgets were clearly identified and precisely 
quantified. These Budgets, when considered together with all other 
emissions sources, are consistent with maintenance of the 2008 ozone 
NAAQS. These Budgets represent the projected 2035 on-road emissions 
plus a safety margin, which is described below.

 Table 6--2035 Budgets for the Illinois Portion for the 2008 Ozone NAAQS
                            Maintenance Plan
                               [tons/day]
------------------------------------------------------------------------
                         Pollutant                           2035 Budget
------------------------------------------------------------------------
NOX.......................................................        110.00
VOC.......................................................         65.00
------------------------------------------------------------------------

    EPA is proposing to approve the Budgets for use to determine 
transportation conformity in the Illinois portion of the Chicago-
Naperville, IL-IN-WI area, because EPA has determined that the area can 
maintain attainment of the 2008 ozone NAAQS for the relevant 
maintenance period with mobile source emissions at the levels of the 
budgets. Also, EPA is reviewing the budgets to determine if the 
submitted budgets meet the adequacy criteria in the transportation 
conformity regulations (40 CFR 93.118(e)(4)). Additionally, as required 
by the transportation conformity rule (40 CFR 93.118(f)(2)), EPA is 
using this proposal to notify the public that EPA is beginning a 30-day 
comment period on the adequacy of the submitted motor vehicle emissions 
budgets. Comments on the adequacy of the budgets should be submitted to 
the docket for this proposal. EPA will make a final determination on 
the adequacy of the submitted budgets either in a final action on this 
proposal or notifying the State in writing, notifying the public by 
publishing a Federal Register notice and announcing the determination 
on EPA's adequacy web page.\6\
---------------------------------------------------------------------------

    \6\ See www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity.
---------------------------------------------------------------------------

B. What is a safety margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. As noted in Tables 4 and 5, 
the emissions in the Illinois portion of the Chicago area are projected 
to have safety margins of 80.08 tons/day for NOX and 42.60 
tons/day for VOC in 2035 (the difference between the attainment year, 
2019, emissions and the projected 2035 emissions for all sources in the 
Illinois portion). Even if emissions exceeded projected levels by the 
full amount of the safety margin, the counties would still demonstrate 
maintenance since emission levels would equal those in the attainment 
year.
    The transportation conformity regulations allow states to allocate 
all or a portion of a documented safety margin to the motor vehicle 
emissions budgets for an area (40 CFR 93.124(a)). Illinois is 
allocating a portion of the safety margin, 61.20 tons/day of 
NOX and 30.74 tons/day of VOC, to the mobile sector for the 
2035 Budgets. Since only a part of the safety margin is being used, 
maintenance requirements are still easily met. Illinois can request an 
allocation to the Budgets of the available safety margins reflected in 
the demonstration of maintenance in a future SIP revision.

VI. VOC RACT

    Sections 172(c)(1) and 182(b)(2) of the CAA require states to 
implement RACT in ozone nonattainment areas classified as moderate (and 
higher). Specifically, these areas are required to implement RACT for 
all major VOC and NOX emissions sources and for all sources 
covered by a CTG. A CTG is a document issued by EPA which establishes a 
``presumptive norm'' for RACT for a specific VOC source category. 
States must submit rules, or negative declarations when no such sources 
exist for CTG source categories.
    EPA's SIP Requirements Rule for the 2008 ozone NAAQS indicates that 
states may meet RACT through the establishment of new or more stringent 
requirements that meet RACT control levels, through a certification 
that previously adopted RACT controls in their SIPs approved by EPA for 
a prior ozone NAAQS also represent adequate RACT control levels for 
attainment of the 2008 ozone NAAQS, or with a combination of these two 
approaches. In addition, a state may submit a negative declaration in 
instances where there are no CTG sources.

[[Page 13683]]

    Illinois' VOC RACT demonstration under the 2008 moderate 
classification was fully approved into the SIP by EPA on August 13, 
2021 (86 FR 44616). Illinois certifies that the Illinois portion of the 
Chicago area's moderate area VOC RACT program also satisfies serious 
area VOC RACT requirements.
    Illinois has previously adopted RACT rules for VOC emission sources 
in the Chicago area under 35 Ill. Adm. Code Part 218. Illinois 
certifies that these regulations still satisfy the serious area VOC 
RACT requirements for the Illinois portion of the Chicago area under 
the 2008 8-hour ozone NAAQS. Major non-CTG VOC sources, which are 
subject to RACT, are major VOC sources which are not subject to the 
applicability criteria in a CTG. Many major sources of ozone precursors 
located in the ozone nonattainment area that are not subject to 
specific RACT rules are subject to generic RACT rules. The serious 
major source threshold of 50 tons per year is addressed for non-CTG VOC 
major sources under 35 Ill. Adm. Code Part 218 Subparts PP, QQ, RR, and 
TT.
    Illinois has previously submitted several Negative Declarations for 
CTG categories for which there were no applicable sources found in 
Illinois that meet the applicability criteria for those CTGs and which 
did not have appropriate controls due to other state requirements. In 
those cases, it was unnecessary to adopt new state rules and submit SIP 
revisions to address those CTG categories. Illinois certifies that the 
negative declarations for the CTGs for the Ship Building and Ship 
Repair Industry, Natural Gas/Gasoline Processing Plants, Aerospace 
Manufacturing and Rework Facilities, High-Density Polyethylene, 
Polypropylene Manufacturing, Vegetable Oil Processing, and Oil and 
Natural Gas Industry, approved by EPA on August 13, 2021, are still 
valid (86 FR 44616).
    Illinois evaluated whether its VOC sources under the Industrial 
Wastewater category meet the serious level RACT requirements through 
RACT equivalence or RACT applicability of potential VOC emissions being 
below the 50 tons/year major source threshold. Illinois' analysis of 
its industrial wastewater VOC sources is detailed below.
Industrial Wastewater
    EPA issued a draft CTG for the industrial wastewater category in 
September 1992. However, because this CTG was never finalized, 
industrial wastewater sources are considered to be non-CTG sources. 
Industrial wastewater is a category that is not covered by the Illinois 
non-CTG RACT rule.
    On December 23, 1999, Illinois submitted to EPA a Negative 
Declaration Letter for the Chicago area covering the Industrial 
Wastewater sources. At that time, Illinois determined that all sources 
in the Chicago area to which the draft CTG would be applicable were 
covered by other regulations that were as stringent or more stringent 
than the draft CTG. Those sources were two refineries and one chemical 
plant that were subject to Federal regulations covering waste 
operations that were equally or more stringent than the CTG.
    Illinois reviewed its most recent inventory to determine if any 
sources fall under the industrial wastewater category, including 
organic chemicals, plastics, and synthetic fibers; pharmaceuticals; 
pesticides manufacturing; petroleum refining; pulp, paper, and 
paperboard mills; and hazardous waste treatment, storage, and disposal 
facilities. Illinois found 54 sources that required further review. 
Illinois examined each unit at these sources and the operating permits 
of those sources to determine whether any source was a significant 
source of wastewater or if the draft CTG was potentially applicable to 
a source or unit. Of those 54 sources, it was determined that the draft 
CTG would be applicable to only six sources. It was found that all 
subject sources were covered under the NESHAP at 40 CFR 63 subpart G, 
the NESHAP at 40 CFR 63 subpart FFFF, or by 35 Ill. Adm. Code Section 
218 Subpart C.
    Illinois requested additional information for twelve industrial 
wastewater sources that were identified as potentially being subject to 
non-CTG RACT based on historical emissions. On January 25, 2022, 
Illinois submitted supplementary information demonstrating that these 
twelve sources were below the 50 tons/year non-CTG major source 
threshold for serious areas or demonstrated RACT equivalence. The 
twelve sources that Illinois evaluated include the following refineries 
and chemical plants: Ester Solutions, Hexion Inc., INEOS Styrolution 
America LLC, INEOS Joliet, Polynt Composites USA, AKZO Nobel, AbbVie, 
LyondellBasell, Exxon Mobil Oil Corp., Citgo Petroleum, Koppers Inc., 
and Stepan Co.
    Ester in Cook County, Hexion in Bedford Park, INEOS Styrolution 
America LLC in Channahon, and Polynt in Carpentersville were not 
subject to RACT because their potential to emit (PTE) VOC from 
wastewater was less than 50 tons/year. Ester has a permitted VOC level 
of 7.71 tons/year. Hexion has a permitted VOC level of 10.82 tons/year. 
INEOS Joliet has a permitted VOC level of 9.27 tons/year. The reported 
VOC emissions from wastewater at INEOS Styrolution is less than 1 ton/
year and the VOC PTE from wastewater is well below 50 tons/year. 
Wastewater is not a significant source of VOC emissions at Polynt as 
there is no mention of wastewater or wastewater treatment in Polynt's 
operating permit.
    Although Akzo in Morris had a VOC PTE of over 50 tons/year, it was 
subject to various control measures. Akzo sent its VOC emissions to an 
afterburner to achieve at least 85 percent control. After considering 
these controls, the total VOC PTE from wastewater at Akzo was 
determined to be less than 1 ton/year.
    AbbVie in North Chicago demonstrated RACT equivalence. Most of its 
wastewater was taken off site for treatment. The remaining VOC 
containing wastewater streams were well controlled at the on-site 
wastewater treatment plant. The requirements to conduct pretreatment 
were federally enforceable through its Discharge Control Document, 
which was issued by the publicly owned treatment works and Illinois. 
The estimates that AbbVie gave for controlled and uncontrolled 
emissions resulted in about 98 percent control of VOC from their 
wastewater operations. Illinois concluded that AbbVie was well 
controlled and that this level of control represented RACT.
    LyondellBasell is subject to the Miscellaneous Organic Chemical 
Manufacturing NESHAP and Benzene Waste Operations (BWON) NESHAP (40 CFR 
part 61, subpart FF). After considering these applicable NESHAPs, EPA 
calculated the total VOC PTE to be 20.38 tons/year, which was below the 
50 tons/year non-CTG threshold.
    Both Exxon Mobil Oil Corporation's Joliet Refinery and Citgo 
Petroleum's Lemont Refinery demonstrated that they had achieved RACT 
equivalence for their VOC wastewater emissions. Both refineries are 
subject to the requirements of 40 CFR part 63, subpart CC ``National 
Emission Standards for Hazardous Air Pollutants from Petroleum 
Refineries'' (MACT CC) and 40 CFR part 61, subpart FF ``National 
Emission Standard for Benzene Waste Operations'' (BWON). Under these 
programs, Exxon Mobil has a control efficiency of 98 percent for 
wastewater VOC emissions and Citgo has a control efficiency of 99.4 
percent for wastewater VOC emissions. The control efficiencies are 
calculated using the pre-control and post-control VOC emissions from 
the wastewater at each refinery. Exxon Mobil's pre-control VOC 
emissions are calculated site-wide for all streams at point of 
generation and includes

[[Page 13684]]

maintenance and spills. Exxon Mobil's post-control VOC emissions are 
also calculated site-wide and accounts for the uncontrolled wastewater 
streams, effluent from the waste treatment unit, and the uncontrolled 
maintenance and spills. Citgo's pre-control VOC emissions are 
calculated site-wide for all streams at point of generation and 
includes maintenance and spills in the wastewater system. Citgo's post-
control VOC emissions are also calculated site-wide and accounts for 
the uncontrolled VOC emissions from the wastewater system.
    Koppers submitted its supporting data for VOC emissions from the 
wastewater system at the plant. Environmental Resources Management, 
Inc. performed the modeling of the wastewater treatment plant using a 
Toxchem model to predict the annual potential VOC emissions. The total 
VOC PTE at Koppers was 2.25 tons/year, which was far below the 50 tons/
year non-CTG threshold.
    Illinois issued a construction permit for Stepan Co. (I.D. No.: 
197800AAE, issued June 8, 2021) that limits the throughput from 
upstream processes into the wastewater stream. This results in a 
potential to emit of 17.70 tons/year, which is below the 50 tons/year 
non-CTG threshold. This limit is due to new controls, which include an 
additional air stripper system for the wastewater treatment plant, that 
were installed in 2020. Illinois has submitted this construction permit 
as a revision to the Illinois SIP. EPA is proposing to approve this 
construction permit as a revision to the Illinois SIP, making the 
throughput limits federally enforceable.
    Based on the information that Illinois provided, we agree that that 
these sources are below 50 tons/year non-CTG threshold for moderate 
areas or have demonstrated RACT equivalence. Therefore, EPA is 
proposing to find that these VOC RACT submittals for the Illinois 
portion of the Chicago area meet the serious VOC RACT requirements for 
the 2008 ozone NAAQS under the CAA.

VII. Enhanced I/M Program

    CAA section 182(c)(3) requires states with ozone nonattainment 
areas classified as serious or higher to implement an enhanced vehicle 
I/M program. The general purpose of motor vehicle I/M programs is to 
reduce emissions from in-use motor vehicles in need of repairs and 
thereby contribute to state and local efforts to improve air quality 
and to attain the NAAQS. The Illinois I/M program has been in operation 
since 1984. It was originally implemented in accordance with the 1977 
CAA Amendments and operated in the eight counties of Cook, Lake, 
DuPage, McHenry, Kane, Will, Grundy (2 townships), and Kendall (1 
township). Vehicles were originally tested by measuring tailpipe 
emissions using a steady-state idle test. Tampering inspections were 
added in 1989.
    The 1990 CAA Amendments set additional requirements for I/M 
programs. For moderate areas, a ``basic'' program was required under 
section 182(b)(4). For serious or worse areas, an ``enhanced'' program 
was required under section 182(c)(3). EPA's requirements for basic and 
enhanced I/M programs are found in 40 CFR part 51, subpart S.
    Illinois' I/M program transitioned to an enhanced program in 
December 1995. The major enhancement involved adding new test 
procedures to more effectively identify high-emitting vehicles. These 
new test procedures included a transient emissions test in which 
tailpipe emissions were measured while the vehicle was driven on a 
dynamometer (a treadmill-type device). Improving repairs and public 
convenience were also major focuses of the enhancement effort.
    Since July of 2001, all model year (MY) 1996 and later cars and 
light trucks have been inspected by scanning the vehicle's computerized 
second-generation on-board diagnostic (OBD) system instead of measuring 
tailpipe emissions. As of July 2008, the program dropped tailpipe 
testing entirely and has inspected all vehicles by scanning the OBD 
system. This change was the result of statutory changes in the State's 
2007-2009 biennial budget which exempted model years of vehicles not 
federally required to be equipped with this OBD technology (MY 1995 and 
earlier cars and light trucks and MY 2006 and earlier heavy trucks).
    EPA fully approved the Illinois enhanced I/M program on February 
22, 1999 (64 FR 8517) and on August 13, 2014 (79 FR 47377). Illinois' 
I/M program was revised and approved on August 13, 2014 (79 FR 47377). 
The revisions to Illinois' I/M program included a demonstration under 
section 110(l) of the CAA addressing lost emission reductions 
associated with the program changes.
    The legal authority and administrative requirements for the 
Illinois I/M program are found in 625 ILCS 5/13C (Illinois Vehicle 
Emission Inspection Law of 2005); 35 Ill. Adm. Code 240 (Emissions 
Standard and Limitations for Mobile Source); and 35 Ill. Adm. Code 276 
(Procedures to be followed in the performance of inspections of Motor 
Vehicle Emissions).
    To support their certification of the enhanced I/M program, 
Illinois submitted a modeling demonstration with EPA's enhanced 
performance standard for areas designated and classified under the 8-
hour ozone standard, as specified in 40 CFR 51.351(i). Illinois used 
the most recent version of EPA's mobile source emissions model, 
MOVES3.0.2 (released in September 2021), for the analysis. This 
modeling was conducted in accordance with EPA's technical guidance: 
Performance Standard Modeling for New and Existing Vehicle Inspection 
and Maintenance (I/M) Programs Using the MOVES Mobile Source Emissions 
Model, EPA-420-B-14-006, January 2014, and MOVES3 Technical Guidance: 
Using MOVES to Prepare Emission Inventories for State Implementation 
Plans and Transportation Conformity, EPA-420-B-20-052, November 2020.
    The performance standard modeling analysis involves a comparison of 
emission reductions from EPA's model program specified in 40 CFR 
51.351(i) and Illinois' actual program in the eight counties of Cook, 
Lake, DuPage, McHenry, Kane, Will, Grundy (2 townships), and Kendall (1 
township).
    To demonstrate that an enhanced I/M program meets the performance 
standard, the actual I/M program must obtain the same or lower 
emissions levels as the EPA model program within 0.02 gram 
per mile. Illinois' I/M performance analysis shows that Illinois' I/M 
program achieves emission reductions at least as great as this 
criterion. Illinois' demonstration supports its certification that the 
current I/M program meets the applicable enhanced I/M performance 
standard requirements in 40 CFR part 51, subpart S in all areas in 
which the program is implemented for the 2008 ozone NAAQS.

VIII. Clean Fuels Vehicles Program

    CAA section 182(c)(4) requires states with ozone nonattainment 
areas classified as serious or higher to submit a SIP revision 
describing implementation of a CFVP, as described in CAA Title II Part 
C (40 CFR 88). EPA approved Illinois' CFVP on March 19, 1996 (61 FR 
11139). CAA section 182(c)(4) included numerical standards for the CFVP 
that were intended to encourage innovation and reduce emissions for 
fleets of motor vehicles in certain nonattainment areas as compared to 
conventionally fueled vehicles available at the time. As originally 
adopted, those Clean Fuel Fleet standards were substantially more 
stringent than the standards that applied

[[Page 13685]]

to vehicles and engines generally. Now that EPA has begun implementing 
Tier 3 emission standards in 40 CFR part 86, subpart S, the Clean Fuel 
Fleet standards are either less stringent than or equivalent to the 
standards that apply to vehicles and engines generally. On July 29, 
2021 (86 FR 34308), EPA published a final rule in which EPA determined 
that vehicles and engines certified to current emission standards under 
40 CFR part 86 or 1036 are deemed to also meet the Clean Fuel Fleet 
standards as Ultra Low-Emission Vehicles. Since vehicle emission 
standards have only become more stringent since Illinois' program was 
approved, the CAA section 182(c)(4) CFVP requirement remains satisfied 
without the need for further action by the state.

IX. Enhanced Monitoring Plan

    Section 182(c)(1) of the CAA requires States with nonattainment 
areas classified serious or higher adopt and implement a program to 
improve air monitoring for ambient concentrations of ozone, 
NOX, and VOC. EPA initiated the PAMS program in February 
1993. The PAMS program required the establishment of an enhanced 
monitoring network in all ozone nonattainment areas classified as 
serious, severe, or extreme. On February 25, 1995 (59 FR 9091), EPA 
approved Illinois' SIP revision establishing an enhanced monitoring 
program.
    Since that time, EPA concluded that requiring enhanced monitoring 
for ozone nonattainment areas classified as moderate or above is 
appropriate for the purposes of monitoring ambient air quality and 
better understanding ozone pollution. In EPA's revision to the ozone 
standard on October 1, 2015, EPA relied on the authority provided in 
sections 103(c), 110(a)(2)(B), 114(a) and 301(a)(1) of the CAA to 
expand the PAMS applicability to areas other than those that are 
serious or above ozone nonattainment and substantially revise the PAMS 
requirements in 40 CFR part 58 appendix D (80 FR 65292). Specifically, 
this rule required states with moderate and above ozone nonattainment 
areas to develop and implement an EMP. These plans should detail 
enhanced ozone and ozone precursor monitoring activities to be 
performed to better understand area-specific ozone issues.
    To meet this requirement, Illinois submitted its updated EMP as 
part of the Illinois Ambient Air Monitoring 2019 Network Plan, which 
has been approved by EPA. Illinois will continue to meet its CAA 
section 182(c)(1) EMP requirements by maintaining an air monitoring 
network in the Illinois portion of the Chicago area. Illinois will work 
with EPA through the air monitoring network review process, as required 
by 40 CFR part 58, to determine the adequacy of the ozone monitoring 
network, additional monitoring needs, and recommended monitor 
decommissions. Air monitoring data from these monitors will continue to 
be quality assured, reported, and certified according to 40 CFR part 
58.
    Illinois will continue to meet its CAA section 182(c)(1) EMP 
requirements by including its EMP in Illinois' Air Monitoring Network 
Plan, which is subject to EPA review and approval on an annual basis. 
Therefore, EPA is proposing to find that Illinois has met the EMP 
requirements for its portion of the Chicago area for the 2008 ozone 
NAAQS.

X. NOX RACT Waiver

    In some cases, an ozone nonattainment area might attain the ozone 
standard, as demonstrated by three consecutive years of adequate 
monitoring data, without having implemented the section 182(f) 
NOX provisions over that 3-year period. Where the 
NOX requirements were not implemented over that 3-year 
period, the section 182(f) language is met since ``additional'' 
reductions of NOX would not contribute to attainment. That 
is, since attainment has already occurred, additional NOX 
reductions could not improve the area's attainment status and, 
therefore, the NOX exemption request could be approved.
    EPA's approval of the exemption, if warranted, would be granted on 
a contingent basis (i.e., the exemption would last for only if the 
area's monitoring data continue to demonstrate attainment). The State 
must continue to operate an appropriate air quality monitoring network, 
in accordance with 40 CFR part 58, to verify the attainment status of 
the area. The air quality data relied on for the above determinations 
must be consistent with 40 CFR part 58 requirements and other relevant 
EPA guidance. If it is subsequently determined by EPA that the area has 
violated the standard, EPA would conduct notice and comment rulemaking 
to remove the NOX exemption.
    Specifically, Illinois requested to exempt major stationary sources 
of NOX (as defined in section 302 and subsections 182(c) and 
(d) of the CAA from the RACT requirements of section 182(b)(2)), based 
on the fact that the entire nonattainment area, as the result of 
permanent and enforceable emission control measures, has recorded three 
years of complete, quality assured ambient air quality monitoring data 
for the years 2019-2021 demonstrating attainment of the 2008 ozone 
standard, as shown in Table 1. As such, the area is eligible for a 
waiver of NOX RACT requirements, as specified in section 
182(f)(1)(A) of the CAA. Upon final approval of the NOX 
waiver, Illinois will not be required to adopt and implement 
NOX emission control regulations pursuant section 182(f) for 
the Illinois portion of the Chicago area to qualify for redesignation. 
If the Chicago area violates before redesignation, then EPA would not 
be able to finalize approval of a NOX waiver.

XI. Proposed Actions

    EPA is proposing to determine that the Illinois portion of the 
Chicago area is attaining the 2008 ozone NAAQS, based on quality-
assured and certified monitoring data for the 2019-2021 period. EPA is 
proposing to approve the VOC RACT, enhanced I/M, CFVP, and EMP SIP 
revisions included in Illinois' January 25, 2022 submittal because they 
satisfy the serious requirements of the CAA for the Illinois portion of 
the Chicago area. EPA is proposing to approve a CAA section 182(f) 
waiver from NOX RACT requirements for the Illinois portion 
of the Chicago area under the 2008 ozone NAAQS because it satisfies the 
requirements of the CAA. EPA is proposing to determine that, if and 
when EPA approves Illinois' VOC RACT, enhanced I/M, CFVP, EMP, and 
NOX RACT Exemption SIP submittals, the Illinois portion of 
the Chicago area will have met the requirements for redesignation under 
section 107(d)(3)(E) of the CAA. EPA is thus proposing to change the 
legal designation for the Illinois portion of the Chicago-Naperville, 
IL-IN-WI area from nonattainment to attainment for the 2008 ozone 
NAAQS. EPA is also proposing to approve, as a revision to the Illinois 
SIP, the state's maintenance plan for the area. The maintenance plan is 
designed to keep the Illinois portion of the Chicago area in attainment 
of the 2008 ozone NAAQS through 2035. Finally, EPA is proposing to find 
adequate and approve the newly-established 2035 Budgets for the 
Illinois portion of the Chicago area.

XII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not

[[Page 13686]]

impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because 
redesignation is an action that affects the status of a geographical 
area and does not impose any new regulatory requirements on tribes, 
impact any existing sources of air pollution on tribal lands, nor 
impair the maintenance of ozone national ambient air quality standards 
in tribal lands.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Designations and classifications, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: March 3, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-05020 Filed 3-9-22; 8:45 am]
BILLING CODE 6560-50-P


