Approval and Promulgation of Implementation Plan; Illinois

Federal RegisterSep 13, 1994

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL63-1-5716a; FRL-5070-9]

Approval and Promulgation of Implementation Plan; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA)

approves Illinois' 1990 base year ozone precursor emission inventories

for certain ozone nonattainment areas as revisions to the Illinois

ozone State Implementation Plan (SIP). The emission inventories were

submitted by the State of Illinois to satisfy a Federal requirement

that States containing ozone nonattainment areas submit inventories of

actual ozone precursor emissions in accordance with USEPA guidance. The

ozone nonattainment areas covered by the emission inventories addressed

in this rulemaking are: Chicago (Cook, DuPage, Kane, Lake, McHenry, and

Will Counties, Aux Sable and Goose Lake Townships in Grundy County, and

Oswego Township in Kendall County); Metro-East St. Louis (Madison,

Monroe, and St. Clair Counties); and Jersey County. In the proposed

rules section of this Federal Register, USEPA is proposing approval of

and soliciting public comment on this requested SIP revision. If

adverse comments are received on this direct final rule, USEPA will

withdraw this final rule and address the comments received in response

to this final rule in a final rule on the related proposed rule which

is being published in the proposed rules section of this Federal

Register.

DATES: This final rule will be effective November 14, 1994 unless an

adverse comment is received by October 13, 1994. If the effective date

of this action is delayed due to adverse comments, timely notice will

be published in the Federal Register.

ADDRESSES: Written comments can be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section (AR-18J), Regulation Development Branch,

Air and Radiation Division, United States Environmental Protection

Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

Copies of the SIP revision and USEPA's analyses are available for

inspection at the following address: (It is recommended that you

telephone Edward Doty at (312) 886-6057 before visiting the Region 5

office.) United States Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Regulation Development

Section (AR-18J), Regulation Development Branch, Air and Radiation

Division, United States Environmental Protection Agency, Region 5, 77

West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6057.

SUPPLEMENTARY INFORMATION:

I. Emission Inventory Policy and Guidelines

Under the Clean Air Act (Act), as amended in 1990 (amended Act),

States have the responsibility to inventory emissions contributing to

the violation of National Ambient Air Quality Standard (NAAQS), to

track these emissions over time, and to ensure that control strategies

are implemented to reduce the emissions and move the areas towards

attainment of the NAAQS. States containing ozone nonattainment areas

are required, under section 182(a)(1) of the amended Act, to submit by

November 15, 1992, a comprehensive, accurate and current inventory of

actual ozone precursor emissions (emissions of Volatile Organic

Compounds (VOC), Oxides of Nitrogen (NOX), and Carbon Monoxide

(CO)) for each ozone nonattainment area. This inventory must include

base year (1990) emissions from point, area, on-road mobile, and non-

road mobile anthropogenic (man-made) sources and biogenic (natural or

plant generated) sources in the ozone nonattainment area(s) and the

ozone precursor emissions from major stationary source (with VOC,

NOX, or CO emissions equal to or exceeding 100 tons per year)

located within 25 miles of the nonattainment area(s). The emissions

inventory must be established for the peak ozone season (those months

when peak hourly ozone concentrations occur in excess of the primary

ozone NAAQS, generally June through August in Illinois) and must

represent typical weekday emissions. Available guidance for preparing

and reviewing the emission inventories is provided in the General

Preamble to title I of the Act. See 57 FR 13498 (April 16, 1992).

Additional guidance is identified in the Technical Support Document

(TSD) for this rulemaking.

The amended Act also requires States with ozone nonattainment areas

classified as moderate, serious, severe, or extreme to submit a plan by

November 15, 1993 to reduce VOC emissions by 15 percent by November 15,

1996. The baseline level of emissions, from which the 15 percent

reduction is calculated, is determined by adjusting the base year

emissions inventory to exclude biogenic emissions and certain emission

reductions not creditable toward the 15 percent Reasonable Further

Progress (RFP) requirement. The 1990 base year emissions inventory is

the primary emissions inventory from which the RFP projection

inventory, future period inventories, and attainment demonstration

modeling inventories are derived. Further information on these

inventories and their purposes can be found in the ``Emission Inventory

Requirements for Ozone State Implementation Plans,'' U.S. Environmental

Protection Agency, Office of Air Quality Planning and Standards,

Research Triangle Park, North Carolina, March 1991.

As a primary tool for the review of the quality of emission

inventory submittals, the USEPA has developed three levels (I, II, and

III) of emission inventory quality assurance review checklists. The

Level I and II reviews are used to determine that all required

components of the base year emission inventory and its associated

documentation are present. These reviews also evaluate the level of

quality of the supporting documentation and the data provided by the

State and assess whether the emission estimates were developed

according to current USEPA guidance. The Level III review evaluates 10

crucial aspects and the overall acceptability of the emission inventory

submittal. Failure to meet one of these crucial aspects would lead to

disapproval of the emission inventory submittal. The 10 crucial aspects

of the emission inventory submittal are:

1. An Inventory Preparation Plan (IPP) must be submitted by the

State and approved by the USEPA. In addition, a Quality Assurance

(QA) plan contained within the IPP must have been implemented and

documented.

2. The emission inventory submittal must contain adequate

documentation showing the procedures and input data used and the

input data sources.

3. The point source portion of the inventory must be complete.

4. The point source emissions must have been prepared or

calculated in accordance with current USEPA guidance.

5. The area source portion of the inventory must be complete.

6. The area source emissions must have been calculated in

accordance with current USEPA policy.

7. The biogenic emissions must have been calculated using

USEPA's PC-Biogenic Emissions Inventory System (PC-BEIS) or other

equivalent technique in accordance with current USEPA guidance.

8. The Vehicle Miles Travelled (VMT) estimates used in the

calculation of on-road mobile source emissions must have been

adequately documented in the inventory submittal.

9. The MOBILE emission factor model must have been correctly

applied to produce emission factors for each of the vehicle classes.

10. Non-road mobile source emissions must have been prepared in

accordance with current USEPA guidance for all of the non-road

mobile source categories.

Detailed Level I and II review procedures and questions may be found in

the ``Quality Review Guidelines for 1990 Base Year Emission

Inventories,'' United States Environmental Protection Agency, Office of

Air Quality Planning and Standards, Research Triangle Park, North

Carolina, July 1992. Level III criteria are specified in a memorandum

from David Mobley, Emission Inventory Branch, Office of Air Quality

Planning and Standards, USEPA, to the Chief of the Regulation

Development Branch, Region V, et al., titled ``Final Emission Inventory

Level III Acceptance Criteria,'' October 7, 1992.

The Act requires States to observe certain procedural requirements

in development and submitting SIP revisions, including the base year

emissions inventory submittal. Section 110(a)(2) of the Act provides

that each SIP revision submitted by the State must be adopted after

reasonable notice and public hearing. Final approval of the emissions

inventory would not occur until the State revises the emissions

inventory to address public comments. Future changes to the base year

emission inventory (due to previously missed sources or to corrected

source emission factors or activity levels) that impact the 15 percent

RFP calculations or the demonstration of attainment or that require a

revised emission control strategy will be required to be addressed in a

SIP revision.

II. Illinois' Emission Inventory Submittals

On November 12, 1993, the Illinois Environmental Protection Agency

(IEPA) submitted the final, adopted base year ozone precursor emission

inventories for the Chicago, Metro-East St. Louis (the Illinois portion

of the St. Louis/Metro-East St. Louis ozone nonattainment area), and

Jersey County ozone nonattainment areas. The emission inventory

submittals cover the emissions of VOC, NOX, and CO for each of the

ozone nonattainment areas as well as the emissions from major

stationary sources located within 25 miles of the ozone nonattainment

areas.

Prior to developing the base year emission inventories, the IEPA

developed an IPP as required by the USEPA. This IPP outlined the

procedures that would be followed in preparing and documenting the

emission inventories and defined the QA procedures that would be used

to assure the accuracy and completeness of the emission inventories.

The IPP was submitted to the USEPA in March 1992, and was approved by

the USEPA in May 1992.

Emissions contained in the emission inventories cover the general

source categories of stationary point sources (or simply point

sources), area sources, on-road mobile sources, off-road mobile

sources, and biogenic sources. Emission inventory summary tables in the

submittals include more detailed source category breakdowns as

requested by the USEPA. All emission summaries were accompanied by

documentation covering the sources and values of input data and by

sample calculations.

To determine point source emissions, the IEPA used permit-based

data from the State's Emission Inventory System (EIS) for all process

emission sources in the ozone nonattainment areas and for major sources

located within 25 miles of the ozone nonattainment areas. This data

base provided current documentation of the facility-specific and source

type-specific emissions for all facilities with VOC, NOX, or CO

emissions to an accuracy of 0.1 pounds per hour. Data obtained from the

EIS were cross-referenced with data from other databases, such as

USEPA's Toxic Release Information System (TRIS) and the Illinois

Manufacturers Directory to assure data accuracy and completeness of

source coverage. Potentially missing sources were identified and were

contacted concerning their ozone precursor emissions.

The point source portions of the emission inventories contain

detailed facility-specific emission listings at the source segment

level as well as facility emission totals. All facilities emitting VOC,

NOX, or CO at an actual rate of 10 tons per year or more are

covered in the point source emission listings (many facilities with

lower emissions are also included). Emissions were calculated using

techniques outlined in the approved IPP and included the use of

emission factors obtained from stack tests, the AP-42 Compilation of

Air Pollution Emission Factors, and other publications containing

current emission factors.

The point source inventory detailed listings identify the emission

factors, source activity levels or throughputs, operating schedules,

and control equipment efficiencies used for each facility and source

segment. All emissions were adjusted in the facility emission totals to

reflect weekday emissions for the June through August period. Where

covered by emission controls, total facility emissions were adjusted to

account for rule effectiveness and rule penetration. Sources subject to

controls with emission control efficiencies equal to or greater than 95

percent were covered by facility-specific rule effectiveness studies.

For these facilities, rule effectiveness values determined through the

studies were applied to the facility emissions. For those facilities

with emission control efficiencies equal to or greater than 95 percent

but not covered specifically in the rule effectiveness studies, a

median rule effectiveness level of 92.1 percent was assumed. For all

other facilities, a default rule effectiveness of 80 percent was

assumed. Using guideline emission profiles, the State has adjusted

emissions to exclude compounds considered by the USEPA to be

nonreactive.

Area source emissions were calculated using a variety of

information sources and guidance from the USEPA. Where appropriate,

point source emissions have been subtracted from the calculated area

source emissions to account for source coverage overlap between the

point source emissions and the area source emissions and to avoid

double counting of emissions. For all source categories covered by

emission control regulations, the IEPA has assumed a rule effectiveness

level of 80 percent where sources are covered by emission control

regulations.

To estimate the area source emissions, the IEPA primarily relied on

the USEPA guidance documents, Procedures for the Preparation of

Emission Inventories for Carbon Monoxide and Precursors of Ozone,

Volumes I and II, EPA-450/4-91-016 and EPA-450/4-91-014, May 1991. The

documentation of the area source emissions covers the techniques used

for each source category. Sample calculations are given for each source

category and input data are documented for each source category by

county. The data are well documented in both hard copy and in computer

data files submitted as additional documentation.

On-road mobile source emissions were calculated using USEPA's

Procedures for Emission Inventory Preparation, Volume IV: Mobile

Sources and USEPA's MOBILE5a emission factor model. Weekday average

Vehicle Miles Travelled (VMT) and speed data by roadway link were

obtained by the IEPA from the Chicago Area Transportation Study (CATS)

for the Chicago urban area and from the East-West Gateway Coordinating

Council (EWGCC) for the Metro-East St. Louis urban area. These VMT and

speed data were produced by the application of transportation models in

these urban areas. The Illinois Department of Transportation (IDOT)

provided VMT data by county and roadway type for the roadways outside

of the urban areas and for roadways in the urban areas not covered by

the transportation models. The VMT data have been quality assured by

comparison of modelled roadway link traffic levels with current traffic

counts (the IDOT VMT estimates were derived directly from current

traffic counts). All VMT data supplied by CATS, EWGCC, and IDOT were

adjusted, based on monthly traffic data, to reflect VMT levels during

the peak ozone season. To determine speeds for roadways not covered by

the CATS and EWGCC urban transportation models, the IEPA developed

tables of speeds by roadway type based on the averages of speeds by

roadway types derived in the CATS and EWGCC urban transportation

models. Speeds for both congested periods and for noncongested periods

were considered in the calculation of average day emission levels. The

IEPA, based on hourly averaged traffic data, assumed that 75 percent of

the daily VMT occurred at congested period speeds and that 25 percent

of the daily VMT occurred during noncongested periods. It should be

noted that the vehicle speeds were generated by the traffic models

rather than generated independently as inputs to the traffic models.

The IEPA has reviewed the speed assignments by roadway type and county

and asserts that the speeds generated by the model are conceptually

sound and are viewed as being quality assured.

The IEPA used the modelled VMT and speed data along with other

area-specific data, such as the areas' representative vehicle type

distribution based on vehicle registration data, and default data and

USEPA's MOBILE5a model to estimate the on-road mobile source emissions.

These emission estimates were adjusted to account for the impacts of

vehicle Inspection and Maintenance (I/M) and the average minimum and

maximum daily temperatures on the ten highest ozone days in each ozone

nonattainment area. All input data used in the MOBILE5a modeling were

described and documented in the emission inventory submittals.

Off-road mobile source emissions for railroad locomotives were

based on the annual amount of fuel oil used by locomotives in the ozone

nonattainment areas and AP-42 emission factors. County fuel oil usage

rates were calculated by apportioning State total fuel oil usage based

county track mileage. To calculate daily emission rates, locomotive

usage was assumed to be uniform throughout the year and occurring over

6\1/2\ days per week. VOC emissions were multiplied by 0.98 to remove

the emissions of methane.

Off-road mobile source emissions for aircraft were based on

landing/takeoff rates for O'Hare and Midway Airports in the Chicago

area accounting for the number and types of engines for each type of

plane. Emissions by engine type were obtained from current Federal

Aviation Administration (FAA) reports. Emissions for all other airports

were determined considering annual operations (a landing or a takeoff)

for each airport (landing/takeoff rates are assumed to equal one-half

the number of annual operations). For these airports, annual emissions

were determined using the derived landing/takeoff rates and default

emission factors obtained from FAA reports. All aircraft emissions,

calculated on an annual basis, were converted to daily emissions

assuming uniform operations throughout the year and throughout the

week.

Off-road mobile source emissions for commercial vessels were

determined by considering distillate and residual fuel oil sales data

and vessel movement data combined with AP-42 emission factors.

Emissions were apportioned to counties by considering the county

mileage of navigable waterways and tonnage of shipments.

Off-road mobile source emissions for all other off-road mobile

source categories were determined as part of an USEPA off-road emission

study. This 1991 study directly supplied emissions for the Chicago and

St. Louis/Metro-East St. Louis ozone nonattainment areas. Off-road

mobile source emissions for Jersey County were derived from the 1991

USEPA study by proportioning the study derived emissions for the St.

Louis area to Jersey County on the basis of population ratios and other

source activity levels.

Biogenic emissions for all three areas were determined using

USEPA's PC-BEIS biogenic emissions calculation model. Information on

land use, an input to the model, was obtained from several sources.

Agricultural data for 1990 was obtained from the 1991 Illinois

Agricultural Statistics. Information on the amount of land covered by

forests was found in Forest Resources in Illinois: An Atlas and

Analysis of Spatial and Temporal Trends. The area of water for each

county was obtained from the 1987 Inventory of Illinois Surface Water

Resources. Other land use data were taken from the database supplied

with the PC-BEIS model. Meteorological data used with PC-BEIS were

determined by following USEPA guidance on the use of PC-BEIS and

considering the ten days (1988 through 1990) with the highest peak

hourly ozone concentrations in each ozone nonattainment area. The

representative day (from a meteorological standpoint) was selected as

the day with the fourth highest daily maximum ozone concentration for

each ozone nonattainment area. All data considered in the modeling of

biogenic emissions were documented in the emission inventory submittals

and included in associated computer-based data files.

The emissions in units of tons/day for an average summer weekday

are summarized for each ozone nonattainment area below:

Chicago Ozone Nonattainment Area

------------------------------------------------------------------------

Source type VOC CO NOX

------------------------------------------------------------------------

Point Sources.......................... 313.05 704.06 263.42

Area Sources........................... 268.01 22.46 23.83

On-Road Mobile Sources................. 491.22 2924.41 540.26

Off-Road Mobile Sources................ 144.28 1086.60 167.51

Biogenic Sources....................... 109.81 N.A. N.A.

--------------------------------

Totals............................. 1326.37 4737.53 995.02

------------------------------------------------------------------------

Metro-East St. Louis Ozone Nonattainment Area

------------------------------------------------------------------------

Source category VOC CO NOX

------------------------------------------------------------------------

Point Sources.......................... 74.05 113.93 95.85

Area Sources........................... 33.84 3.46 1.66

On-Road Mobile Sources................. 43.27 281.89 45.13

Off-Road Mobile Sources................ 23.49 108.20 23.99

Biogenic Sources....................... 53.59 N.A. N.A.

--------------------------------

Totals............................. 228.24 507.48 166.63

------------------------------------------------------------------------

Jersey County

------------------------------------------------------------------------

Source category VOC CO NOX

------------------------------------------------------------------------

Point Sources.......................... 0.08 0.00 0.00

Area Sources........................... 2.79 0.56 0.06

On-Road Mobile Sources................. 1.51 9.74 1.50

Off-Road Mobile Sources................ 1.41 5.93 2.76

Biogenic Sources....................... 14.65 N.A. N.A.

--------------------------------

Totals............................. 20.44 16.23 4.32

------------------------------------------------------------------------

III. Final Rulemaking Action

The USEPA has conducted Level I, II, and III quality assurance

reviews of the Illinois emission inventory submittals and has concluded

that the State of Illinois has met the requirements of section

182(a)(1) of the Act by submitting an ozone precursor emission

inventory that includes comprehensive, accurate, and current actual

emissions from all identified sources in the subject ozone

nonattainment areas. In particular, the Illinois submittals meet the 10

crucial criteria contained in the Level III quality assurance review.

The emissions inventory is, therefore, approved for incorporation in

the SIP as satisfying the requirements of section 182(a)(1) of the

amended Act. This approved SIP revision and the emission levels

contained within it will form the basis for subsequent SIP revisions

dealing with RFP and attainment of the ozone standard.

The USEPA is publishing this action without prior proposal because

USEPA views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the USEPA is proposing to approve the requested

SIP revision should adverse or critical comments be filed. This action

will be effective on November 14, 1994, unless adverse or critical

comments are received by October 13, 1994.

If the USEPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent rule that

withdraws this final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The USEPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective November 14, 1994.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The OMB has exempted this regulatory action from

Executive Order 12866 review.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to any SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, USEPA may certify that the rule will not have a

significant economic impact on a substantial number of small entities.

Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

The SIP approvals under section 110 and subchapter I, part D, of

the Act do not create any new requirements, but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, I certify

that it does not have a significant impact on small entities. Moreover,

due to the nature of the Federal-State relationship under the Act,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Act forbids the USEPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66

(1976).

Under section 307(b)(1)of the Act, petitions for judicial review of

this action must be filed in the United States Court of Appeals for the

appropriate circuit by November 14, 1994. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purpose of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.

Dated: September 2, 1994.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart O--Illinois

2. Section 52.726 is amended by adding paragraph (i) to read as

follows:

Sec. 52.726 Control strategy: Ozone.

* * * * *

(i) The base year ozone emission inventory requirement of section

182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied

for the following Illinois ozone nonattainment areas: the Chicago

nonattainment area--Cook, Du Page, Kane, Lake, Will and McHenry

Counties, Aux Sable and Gooselake Townships in Grundy County and Oswego

Township in Kendall County--, the Metro-East St. Louis nonattainment

area--Madison, Monroe, and St. Clair Counties--, and Jersey County.

[FR Doc. 94-22640 Filed 9-12-94; 8:45 am]

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