Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[IL80-2-6784; FRL-5113-4]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; State of Illinois

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The United States Environmental Protection Agency (USEPA)

proposes to approve a State Implementation Plan (SIP) request to

redesignate the Jersey County, Illinois ozone nonattainment area to

attainment. The USEPA is also approving the accompanying maintenance

plan as an SIP revision. The redesignation request and maintenance plan

were submitted by the Illinois Environmental Protection Agency (IEPA)

on November 12, 1993. The State has met the requirements for

redesignation contained in the Clean Air Act (Act), as amended in 1990.

The redesignation request is based on ambient monitoring data that show

no violations for the ozone National Ambient Air Quality Standard

(NAAQS) during the three-year period from 1990 through 1992.

DATES: Comments on this SIP revision request and on USEPA's proposed

rulemaking action must be received by December 27, 1994.

ADDRESSES: Written comments should be addressed 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.

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, Telephone Number (312)

886-6057.

SUPPLEMENTARY INFORMATION: On November 12, 1993, the IEPA submitted a

redesignation and maintenance plan for Jersey County as a requested

revision to the Illinois State Implementation Plan (SIP). The IEPA has

requested that Jersey County be redesignated to attainment for ozone.

On November 6, 1991 (56 FR 56694), the USEPA formally designated

Jersey County as a marginal ozone nonattainment area. This

classification and designation was based on a monitored violation of

the ozone National Ambient Air Quality Standard (NAAQS) in Jersey

County in 1988.

Jersey County is a rural county located approximately 25 miles

north of St. Louis, Missouri. Based on the 1990 census, the population

of Jersey County is 20,539, with the largest urban population being

that of Jerseyville, with a population of approximately 8,000.

I. USEPA Redesignation Policy

The Act's requirements for redesignation to attainment are

contained in section 107(d)(3)(E). These requirements and other USEPA

redesignation requirements are discussed in a September 4, 1992,

memorandum from the Director of the Air Quality Management Division,

Office of Air Quality Planning and Standards, to Directors of Regional

Air Divisions. As outlined in this memorandum, section 107(d)(3)(E)

requires that the following conditions be met for redesignation to

attainment:

1. The USEPA must determine that the area subject to the

redesignation request has attained the NAAQS;

2. The USEPA must have fully approved the applicable SIP for the

subject area under section 110(k) of the Act;

3. The USEPA must determine that the improvement in air quality in

the area is due to permanent and enforceable reductions in emissions

resulting from the implementation of the applicable SIP, Federal air

pollution control regulations, and other federally enforceable emission

reductions;

4. The USEPA must have fully approved a maintenance plan for the

area as meeting the requirements of section 175A of the Act; and

5. The State must have met all requirements applicable to the area

under section 110 and part D of the Act.

To demonstrate that the area has attained the ozone NAAQS, the

State must show that the ozone data in the area do not exhibit

violation of the NAAQS at any monitoring site in the area during the

most recent three years of monitoring at the sites. In accordance with

40 CFR part 50.9, the annual average number of expected exceedances of

the ozone standard (0.12 parts per million [ppm], one-hour averaged) at

any monitor cannot exceed 1.0 during the three year period. The data

used in this demonstration must be quality assured, in accordance with

40 CFR part 58, and collected in accordance with 40 CFR part 50,

appendix H. The data should be recorded in USEPA's Aerometric

Information Retrieval System (AIRS).

The SIP for the area must be fully approved under section 110(k) of

the Act and must satisfy all requirements that apply to the area. These

requirements include new requirements added by the 1990 amendments to

the Clean Air Act. The State must meet all requirements of section 110

and part D of the Act that were applicable prior to the submittal of

the complete, finally adopted redesignation request. (It should be

noted that, based on section 175A of the Act, other requirements of

part D of the Act remain in effect until the USEPA approves the

maintenance plan and the redesignation to attainment. If the USEPA

disapproves the request to redesignate an area to attainment, these

requirements remain in effect with no delay.) A SIP which meets the

pre-redesignation request submittal requirements must be fully approved

by the USEPA prior to USEPA's approval of the redesignation of the area

to attainment of the NAAQS. The requirements of title I of the Act,

which includes section 110 and part D of the Act, are discussed in the

April 16, 1992, General Preamble to Title I (57 FR 13498).

The State must be able to reasonably attribute the improvements in

air quality to permanent and enforceable emission reductions.

Attainment resulting from temporary emission reductions or from

temporary favorable (not conducive to high ozone concentrations)

meteorology would not qualify as a permanent air quality improvement.

The State should demonstrate that the emission reductions from a past

high ozone period (generally the year or period for which the area's

ozone classification design value was determined, 1988 for Jersey

County) to the period of attainment were due to the implementation of

permanent and enforceable emission control measures and were sufficient

to explain the attainment of the ozone NAAQS.

Prior to the redesignation of an area to attainment, the USEPA must

fully approve a maintenance plan (as a SIP revision) which meets the

requirements of section 175A of the Act. The maintenance plan must

provide for maintenance of the NAAQS attainment in the area for at

least 10 years after the USEPA approval of the redesignation request.

The maintenance plan must contain additional emission control measures

as necessary to assure maintenance of the NAAQS (generally this means

maintaining the precursor emissions at or below the attainment year

levels). The Act also requires (section 175A(b)) a second SIP revision

8 years after an area is redesignated to attainment to assure

maintenance of the NAAQS for an additional 10 years beyond the first 10

year maintenance period.

The maintenance plan must contain such contingency measures as the

USEPA deems necessary to ensure prompt correction of any violation of

the NAAQS occurring after the area is redesignated to attainment or

exceedance of other triggering levels, such as emissions exceeding

attainment levels (this could be caused by emission increases not

anticipated in the maintenance plan).

At a minimum, the maintenance plan should contain the following

elements:

1. Attainment Inventory

The State must develop an emissions inventory for the initial

period of attainment to identify the level of emissions which is

associated with attainment of the NAAQS. This emissions inventory must

be consistent with USEPA's most recent guidance on preparation and

documentation of emission inventories. The emissions inventory should

be based on actual, typical summer weekday emissions of ozone

precursors (Volatile Organic Compounds [VOC], Oxides of Nitrogen

[NOX], and Carbon Monoxide [CO]).

2. Maintenance Demonstration

A State may generally demonstrate maintenance of the NAAQS by

either showing that future emissions of the ozone precursors will not

exceed the levels of the emissions in the attainment inventory or by

modeling to demonstrate that the future mix of sources and emission

rates will not cause a violation of the NAAQS. The maintenance plan

should be based on the same type and level of modeling used to

demonstrate attainment of the NAAQS in the SIP. Regardless of which

approach is used, the State must project the emissions for the 10 year

period following the anticipated time of the USEPA approval of the

redesignation request (the State should assume that the USEPA will take

two years to complete the rulemaking on the redesignation request). The

projected emissions must reflect the expected actual emissions based on

enforceable emission rates and typical source activity rates, such as

production rates, adjusted for expected source growth. Projected

emission reductions must reflect the impacts of permanent, enforceable

emission control measures. The assumptions of emission reductions and

source growth and techniques used to project the emissions must be

clearly documented.

3. Monitoring Network

The maintenance plan must contain provisions for the continued

operation of ozone air quality monitors in the area to be redesignated.

This is needed to provide verification of the maintenance of the NAAQS

attainment, and is also needed to provide triggering data for the

activation of contingency measures in the event of a future violation

or exceedance of the NAAQS (the State may choose to activate some

contingency measures when the NAAQS is simply exceeded but not yet

violated to prevent future NAAQS violations).

4. Verification of Continued Attainment

The State must assure that it has the legal authority to implement

and enforce all measures necessary to attain and maintain the NAAQS. In

addition, the maintenance plan must indicate how the State will track

the progress and success of the maintenance plan. This includes

tracking air quality levels and emissions.

5. Contingency Plan

Section 175A of the amended Act requires that a maintenance plan

include contingency provisions, as necessary, to promptly correct any

violation of the NAAQS that occurs after the redesignation of an area

to attainment. For the purposes of section 175A, a State is not

required to fully adopt contingency measures that will take effect

without further action by the State. The contingency plan, however, is

considered to be an enforceable part of the SIP and must ensure that

the contingency measures will be adopted and implemented expeditiously

after they are triggered. The plan must clearly identify the measures

that will be considered for adoption, a schedule and procedure for

their adoption and implementation, and a specific time limit for action

by the State. The plan must also identify the specific indicators or

triggers that will be used to determine when the contingency measures

will be required.

II. Summary of the Illinois Redesignation Submittal

Summarized below are the contents of the Illinois redesignation

request and maintenance plan.

A. Monitored Attainment of the NAAQS

During the period of 1990 through 1992 (the three year period

covered by the redesignation request), two exceedances of the ozone

standard, 0.127 ppm and 0.125 ppm, were monitored in Jersey County,

with both exceedances recorded in 1990. The expected ozone standard

exceedance rate for the 1990-1992 period was 0.67 exceedance per year.

This is in contrast to seven ozone standard exceedances, with a peak

ozone concentration of 0.128 ppm, monitored in 1988, when ozone

monitoring was initiated in Jersey County. The IEPA has quality assured

the 1990-1992 ozone data for Jersey County and has entered these data

into AIRS.

As a check on the continued attainment of the NAAQS in Jersey

County, one may also consider the 1993 peak ozone concentrations (not

addressed in the Illinois redesignation request, but registered in

AIRS). Two exceedances of the ozone standard, 0.135 ppm and 0.127 ppm,

were monitored in Jersey County in 1993. The 1991 through 1993 data

continue to show attainment of the ozone NAAQS, with an annual average

expected exceedance rate of 0.67.

These data show that attainment of the ozone NAAQS has been

monitored in Jersey County based on the most recent quality assured air

quality data available.

B. Meeting Applicable Requirements of Section 110 and Part D

Until 1991 and prior to the 1990 amendment of the Act, Jersey

County had been designated as attainment for ozone. The only ozone

precursor emission control regulations covering Jersey County were

statewide Reasonably Available Control Technology (RACT) regulations

and Prevention of Significant Deterioration (PSD) regulations covering

the growth of new or existing sources. The USEPA has promulgated PSD

regulations for Illinois, which have been delegated to the State for

implementation. The USEPA has previously approved Illinois' RACT

regulations covering Jersey County.

The IEPA certifies that all RACT controls required in Jersey County

have been implemented and will remain in effect after the redesignation

of the County to attainment. These rules will remain in effect until

the State demonstrates to the USEPA's satisfaction that the ozone

standard can be maintained without one or more of the controls.

Title 40 CFR part 52, subpart O, section 52.722, evidences that the

Illinois SIP was approved under section 110 of the Act and that the

USEPA found that the SIP satisfied all part D, title I (as amended in

1977), requirements. The 1990 Act amendments, however, modified section

110(a)(2) and under part D, revised sections 172 and 182 adding new

requirements for all nonattainment areas. Therefore, for purposes of

redesignation, to satisfy the requirement that the SIP meet all

applicable requirements under the Act, USEPA has reviewed the SIP to

ensure that it contains all measures and information that were due

under the Act, as amended in 1990, prior to or at the same time

Illinois submitted the redesignation request as considered here. The

USEPA interprets section 107(d)(3)(E)(V) of the Act to mean that, for a

redesignation request to be approved, the State must have met all

requirements that applied to the subject area prior to and at the same

time of the submission of the complete redesignation request.

B.1. Section 110 Requirements

Although section 110 of the Act was amended in 1990, the Illinois

SIP addressing the Jersey County area meets the requirements of section

110(a)(2). A number of the requirements in section 110(a)(2) did not

change in substance and, therefore, USEPA believes that the pre-

amendment SIP meets these requirements. As to those requirements that

were amended (57 FR 27936 and 23939, June 23, 1993), many duplicate

other requirements of the Act and are addressed below.

B.2. Part D Requirements

Before Jersey County can be redesignated to attainment, the area

and its associated SIP must meet the applicable requirements of part D.

Under part D, an area's classification indicates the requirements to

which it will be subject. Subpart 1 of part D sets forth the basic

requirements applicable to all nonattainment areas. Subpart 2 of part D

establishes additional requirements for nonattainment areas classified

in table 1 of section 181(a) of the Act. As described in the April 16,

1992, General Preamble for the Implementation of Title I, specific

requirements of subpart 2 may override Subpart 1's general provisions

(57 FR 13501). On November 6, 1991, Jersey County was classified as a

marginal ozone nonattainment area (56 FR 56694). Therefore, in order to

be redesignated to attainment, the State, for Jersey County, must meet

the applicable requirements of subpart 1 of part D, as well as the

applicable requirements of subpart 2 of part D as they pertain to

marginal ozone nonattainment areas.

B.2.a. Subpart 1 of Part D--Section 172(c) Provisions

Section 172(c) sets forth general requirements applicable to all

nonattainment areas. Under section 172(b), the section 172(c)

requirements are applicable on a schedule as determined by the

Administrator, but no later than three years after an area has been

designated as nonattainment under the amended Act. With the exception

of requirements for which subpart 2 established SIP submission dates

for corollary requirements prior to November 12, 1993 (which are

discussed below), the requirements of section 172(c) were not

applicable to ozone nonattainment areas on or before November 12, 1993,

the date on which the State of Illinois submitted the complete

redesignation request for Jersey County. Therefore, these requirements,

including those of sections 172(c)(2) and 172(c)(9) are not applicable

requirements for purposes of evaluating this redesignation request.

With respect to the requirement of section 172(c)(1) concerning the

adoption of RACT, the USEPA notes that, as discussed elsewhere in this

action, Illinois has completed the adoption of stationary source RACT

rules statewide, the USEPA has approved these rules in prior

rulemaking, and has found no deficiencies in the rules for Jersey

County. In addition, the USEPA notes that, with respect to Jersey

County, no additional RACT controls beyond the RACT rules already

covered in the SIP are necessary or were required at the time of the

submission of the redesignation request.

With respect to the emissions inventory requirement of section

172(c)(3), the USEPA notes that the State of Illinois has developed and

submitted the required emissions inventory, which section 182(a)(1)

required to be submitted by November 15, 1992. This emissions inventory

has been the subject of separate review and rulemaking by the USEPA.

EPA expects to take final action approving the emissions inventory

before the USEPA takes final action approving the redesignation request

for Jersey County. The emissions inventory must be approved for EPA to

take final action approving this redesignation request.

As for the section 172(c)(5) New Source Review (NSR) requirement,

once an area is redesignated to attainment this requirement is no

longer applicable. The area then becomes subject to prevention of

significant deterioration (PSD) requirements in lieu of the part D NSR

program. Under USEPA policy described in a Memorandum from Mary

Nichols, Assistant Administrator for Air and Radiation, dated October

14, 1994, and area need not comply with the NSR requirement of section

172(c) to be redesignated if it is demonstrated that the area will

continue to maintain the ozone standard without a part D NSR program in

place. As the State of Illinois has demonstrated the maintenance of the

standard will occur without a part D NSR program (see discussion below)

and PSD requirements will apply, the lack of fully-approved part D NSR

rules applicable to Jersey County does not preclude the redesignation

of Jersey County.

The requirements of section 172(c) are discussed below along with

their relevancy to the redesignation request at hand:

(1) Section 172(c)(1) of the Act requires SIPs to provide for all

Reasonably Available Control Measures (RACM) as expeditiously as

practicable and to provide for attainment of the NAAQS. As discussed

elsewhere in this action, Illinois has completed the adoption of

stationary source RACT rules statewide. The USEPA has approved these

statewide RACT rules in prior rulemaking and has found no deficiencies

in the rules for Jersey County.

In addition, the USEPA notes that, with respect to Jersey County,

no additional RACM controls beyond the RACT rules already covered in

the SIP are necessary upon redesignation to attainment. The April 16,

1992, General Preamble to the Implementation of Title I (57 FR 13560)

explains that section 172(c)(1) requires the plans for all

nonattainment areas to provide for the implementation of RACM as

expeditiously as practicable. The USEPA interprets this requirement to

impose a duty on all nonattainment areas to consider all available

control measures and to adopt and implement such measures as are

reasonably available for implementation in the area's attainment

demonstration. Because attainment has been reached in Jersey County, no

additional measures are needed to provide for attainment.

(2) Section 172(c)(2) requires the SIP to provide for Reasonable

Further Progress (RFP) towards attainment of the NAAQS. This

requirement only has relevance during the time it takes the area to

attain the NAAQS. Because Jersey County has already attained the NAAQS,

the SIP has already achieved the necessary RFP towards attainment of

the NAAQS.

(3) Section 172(c)(3) requires the SIP to contain a comprehensive,

accurate, current inventory of actual emissions from all sources of the

relevant pollutants. The State of Illinois has developed and submitted

the required emissions inventory for Jersey County. This emissions

inventory has been the subject of separate review and rulemaking by the

USEPA. The approval of the emissions inventory is expected to be (and

must be) finalized before the USEPA takes action to approve in final

the redesignation of Jersey County to attainment for ozone.

(4) Section 172(c)(4) requires the SIP to identify and quantify the

emissions which will be allowed to result from the construction of

major new or modified stationary sources in the ozone nonattainment

areas. Although the USEPA has not approved Illinois' NSR regulations,

it should be noted that once an area is redesignated to attainment,

nonattainment NSR requirements are not generally applicable. The

redesignated area becomes subject to PSD requirements instead of the

NSR requirements. The USEPA has promulgated acceptable PSD regulations

for Illinois and has delegated the implementation of these regulations

to the State. It should be noted, however, that until the USEPA

officially redesignates Jersey County to attainment for ozone, sources

seeking permits for major modifications or major source construction

must be addressed through a new source review acceptable to the USEPA.

(5) Section 172(c)(7) requires the SIP to meet the applicable

provisions of section 110(a)(2). As noted above, the USEPA believes

that the Illinois SIP meets the requirements of section 110(a)(2).

(6) Section 172(c)(9) requires the SIP to contain contingency

measures to be undertaken if an area fails to make RFP or fails to

attain the NAAQS. Since Jersey County has attained the NAAQS, the

section 172(c)(9) contingency measure requirements are not applicable

unless the redesignation request and maintenance plan are not fully

approved. It should be noted that section 175A contingency measures

apply to areas that are redesignated to attainment.

B.2.b. Other Part D Requirements

Below is a summary of Illinois' compliance with the part D

requirements for marginal ozone nonattainment areas, such as Jersey

County.

(1) Submittal of a Comprehensive Base Year Emissions Inventory.

Section 182(a)(1) of the Act requires the State to submit a

comprehensive, accurate, current inventory of actual emissions from all

sources of ozone precursors. As noted above, Illinois has submitted a

final, adopted 1990 base year emissions inventory and associated

documentation for Jersey County. This emissions inventory is being

reviewed in a separate rulemaking action. A Technical Support Document

(TSD) recommending approval of this emissions inventory has been

prepared to support a direct final rulemaking on this emissions

inventory. This emissions inventory must be approved in final

rulemaking before the USEPA can approve the redesignation of Jersey

County in final rulemaking.

(2) Emission Statement SIP Revision. Section 182(a)(3)(B) of the

Act requires the State to submit a SIP revision to require stationary

sources of VOC or NOX to annually submit statements of emissions

from the sources. Illinois has submitted this SIP revision. A final

USEPA rulemaking approving this SIP revision was published on September

9, 1993 (58 FR 47379).

(3) New Source Review Regulations. Section 182(a)(2)(C) of the Act

requires the State to submit a SIP revision to: (a) require source

permits in accordance with sections 172(c)(5) and 173 of the Act for

the construction and operation of each new or modified major source

(with respect to the emissions of ozone precursors); and (b) correct

requirements in the existing SIP concerning permit programs as were

required under section 172(b)(6) of the pre-1990 Act to comply with

regulations promulgated by the USEPA prior to the 1990 amendment of the

Act. Illinois has submitted a SIP revision request to comply with the

requirements of section 182(a)(2)(C). The USEPA has reviewed this SIP

revision request and has proposed to approve it (September 23, 1994, 59

FR 48839). Although the USEPA has not taken final rulemaking Action on

this SIP revision, it should be noted that the USEPA does not consider

compliance with these requirements to be a prerequisite to the

redesignation or an area to attainment of the ozone NAAQS. The USEPA

believes that the applicability of the part C PSD program to

maintenance areas makes it unnecessary to require that an area have

obtained full approval of NSR regulations required by part D of the Act

in order to be redesignated. The USEPA believes that this

interpretation of the Act is appropriate notwithstanding the

requirement in section 175A(d) that the contingency provisions of a

maintenance plan include a commitment on the part of the State to

implement all measures to control the relevant air pollutant that were

contained in the SIP prior to redesignation. The term ``measure'' is

not defined in section 175A(d) and it appears that Congress utilized

the terms ``measure'' or ``control measure'' differently in different

provisions of the Act that concern the PSD and NSR permitting programs.

Compare section 110(a)(2) (A) and (C) with section 161. In light of

this ambiguity in the use of the term ``measure,'' USEPA believes that

the term ``measure'' as used in section 175A(d) may be interpreted so

as not to include NSR permitting programs. That this is an appropriate

interpretation is further supported by USEPA's historical practice,

dating before the amended Act, of not requiring redesignating areas to

demonstrate through modeling or to otherwise justify replacing the

nonattainment area NSR program with the PSD program once the areas were

redesignated. Rather, the USEPA has historically allowed the NSR

programs to be automatically replaced by the PSD programs upon

redesignation.

(4) RACT corrections. Section 182(a)(2)(A) of the Act requires the

State to correct deficiencies in the State's RACT regulations noted by

the USEPA prior to the amended Act. The State notes that no

deficiencies were noted for the RACT regulations applicable to Jersey

County. Therefore, RACT corrections are not an issue for the Jersey

County redesignation.

(5) Conformity of federal actions with the SIP. Section 176(c) of

the Act requires the States to revise their SIPs to establish criteria

and procedures to ensure that Federal actions, before they are taken,

conform to the air quality planning goals in the applicable SIPs. The

requirement to determine conformity applies to transportation plans,

programs and projects developed, funded or approved under Title 23

U.S.C. or the Federal Transit Act (``transportation conformity''), as

well as to all other Federal actions (``general conformity''). Section

176 further provides that the conformity revisions to be submitted by

the States be consistent with Federal conformity regulations that the

Act required USEPA to promulgate. Congress provided for the State

revisions to be submitted one year after the date for promulgation of

final USEPA conformity regulations. When that date passed without such

promulgation, USEPA's General Preamble for the Implementation of Title

I informed the States that its conformity regulations would establish a

submittal date (see 57 FR 13498, 13557, April 16, 1992).

The USEPA promulgated final transportation conformity regulations

on November 24, 1993, (58 FR 62188) and general conformity regulations

on November 30, 1993, (58 FR 63214). These conformity regulations

require the States to adopt both transportation and general conformity

provisions in the SIPs for areas designated nonattainment or subject to

a maintenance plan approved under section 175A of the Act. Pursuant to

section 51.396 of the transportation conformity rule and section 51.851

of the general conformity rule, the State of Illinois is required to

submit a SIP revision containing transportation conformity criteria and

procedures consistent with those established in the Federal rule by

November 25, 1994. Similarly, the State of Illinois is required to

submit a SIP revision containing general conformity criteria and

procedures consistent with those established in the Federal rule by

December 1, 1994. Because the deadlines for these submittals have not

yet come due, they are not applicable requirements under section

107(d)(3)(E)(V) and, thus, do not affect approval of the redesignation

request. It should be noted, however, that regardless of the attainment

status of Jersey County, Illinois is obligated under the transportation

conformity rule and under the general conformity rule to submit the

conformity SIP revisions, including revisions covering Jersey County by

the deadlines discussed here. Therefore, the attainment status of

Jersey County should not be an issue in this case. It is further noted

that the Illinois redesignation request for Jersey County indicates

that the State of Illinois will submit a SIP revision to meet USEPA's

conformity requirements after Illinois has had sufficient time to

review and act on USEPA's final conformity regulations.

C. Improvement of Air Quality Due to Permanent and Enforceable Emission

Reductions

The IEPA notes, on the basis of relative emissions and on the basis

of the meteorology leading to high ozone concentrations in Jersey

County, that the high ozone concentrations observed in Jersey County in

1988 were due to ozone precursor emissions in the St. Louis/Metro-East

St. Louis ozone nonattainment area. For example, the IEPA notes that

the 1990 summertime VOC emissions in Jersey County were only 20 tons

per day while the VOC emissions in the St. Louis/Metro-East St. Louis

ozone nonattainment area were 922 tons per day. Given the proximity of

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

dominance of ozone precursor emissions from that area compared to those

from Jersey County, and the meteorology of peak ozone days in Jersey

County (winds are predominately from the southeast through southwest on

these days placing Jersey County immediately downwind of the St. Louis/

Metro-East St. Louis area), one can see that the ozone precursor

emissions in the St. Louis/Metro-East St. Louis area are the likely

source of the high ozone concentrations in Jersey County.

Between 1987 and 1990, the following VO emission control measures

were implemented in the Metro-East St. Louis area: (1) reduction in

fuel volatility (Reid Vapor Pressure [RVP]) from 11.2 pounds per square

inch (psi) to 9.0 psi; (2) continued implementation of the Federal

Motor Vehicle Emission Control Program (FMVCP); (3) basic vehicle

Inspection and Maintenance (I/M); and (4) RACT. In Jersey County, the

following VOC emission control measures were implemented between 1987

and 1990: (1) reduction in fuel RVP from 11.2 psi to 9.5 psi; (2)

continued implementation of the FMVCP; and (3) RACT on major sources.

These emission control programs produced real and permanent decreases

in VOC emissions and are responsible for the attainment of the ozone

NAAQS in Jersey County.

The largest emission reductions have occurred for mobile sources

and gasoline related evaporative emissions, which are a significant

portion of the total VOC emissions for the St. Louis/Metro-East St.

Louis and Jersey County areas. Mobile source emissions decreased

approximately 25 percent between 1987 and 1990, and gasoline

evaporative emissions decreased approximately 10 percent in the same

time period.

D. Maintenance Plan

The following summarizes Illinois' maintenance plan for Jersey

County:

(1) Emission certification and tracking. The IEPA will continue to

inventory ozone precursor emissions in Jersey County and will make

periodic updates in the emissions inventory consistent with the

requirements of the Act. The IEPA will track Jersey County emissions to

ensure that significant increases in emissions are identified and

evaluated for possible air quality impacts. If significant negative air

impacts are indicated, appropriate regulatory action will be initiated.

(2) Maintenance of existing control programs. The IEPA commits to

continue enforcement of all State-adopted emission control measures

included in the Illinois SIP. This will include review and issuance of

stationary source permits and inspection of emission sources consistent

with the USEPA-approved Illinois program plan. This commitment insures

that future VOC emission levels will not exceed current levels in

Jersey County.

(3) Compliance with Act requirements for the Metro-East St. Louis

area. The IEPA notes that the Act requires the St. Louis/Metro-East St.

Louis ozone nonattainment area to achieve additional VOC emission

reductions beyond the current emission levels. For example, the area

will achieve an additional 15 percent VOC emission reduction from the

1990 emission level by 1996 as the result of Reasonable Further

Progress (RFP) requirements. Accounting for source growth and emission

reductions expected in the Metro-East St. Louis area through 2004, the

IEPA expects an 18 ton per day VOC emission reduction between 1990 and

2004 (ten years after the year in which the USEPA is expected to

approve the redesignation of Jersey County). This emission decrease

does not account for the additional emission reduction that will occur

in the St. Louis/Metro-East St. Louis area as a result of the attempt

to attain the ozone standard by 1996.

(4) Contingency measures. After Jersey County is redesignated to

attainment, the trigger for contingency measures will be a violation of

the ozone standard based on quality assured data and a notice from the

USEPA that the State of Illinois has failed to maintain the ozone

NAAQS. After these triggering conditions have occurred, the IEPA will

select the appropriate contingency measure(s) to prevent a violation of

the ozone standard from reoccurring. The State commits to apply such a

contingency measure within 18 months after the receipt of the

notification from the USEPA of the NAAQS violation (A time schedule for

the actions leading to the implementation of emission control measures

was not given in the maintenance plan. It is assumed that the State

will adopt necessary regulations earlier than 18 months, such that the

regulations can be implemented within the 18 month time period). The

contingency measure(s) to be considered will be selected from the

following list or from measures deemed appropriate and effective at the

time the control measure selection is actually made:

a. lower reid vapor pressure for gasoline

b. reformulated gasoline program

c. Stage I and breathing controls at gasoline service stations

d. Stage II vapor recovery controls at gasoline service stations

e. extended geographic coverage of existing control measures

f. requirements for RACT for existing source covered by USEPA Control

Technique Guidelines (CTGs) issued in response to the amended Act

g. application of RACT to non-major sources

h. implementation of one or more transportation control measures

sufficient to achieve at least a 0.5 percent reduction in Jersey County

VOC emissions. The transportation control measures will be selected

from the following:

i. trip reduction programs, including but not limited to employer-

based transportation management plans, areawide rideshare programs,

work schedule changes, and telecommuting

ii. transit improvements

iii. traffic flow improvements

iv. other transportation control measures in widespread use that

the State and local governments deem to be appropriate

i. alternative fuel programs for fleet vehicle operations

j. controls on consumer products consistent with those adopted

elsewhere in the United States

k. requirements for VOC emission offsets for new and modified major VOC

sources

l. requirements for VOC emission offsets for new and modified minor VOC

sources

m. increased ratio of emission offsets required for new sources; and

n. requirements for VOC controls on new minor sources.

The contingency measures may be considered for Jersey County or for

upwind areas whose emissions impact the air quality in Jersey County.

The selection of a particular contingency measure for implementation

will be based on VOC emission reduction potential, cost-effectiveness,

economic and social considerations, or other factors that the IEPA

deems to be appropriate.

(5) Emission control authority and additional commitments. The IEPA

certifies that it has the authority to continue the application of

existing emission control measures and additional emission control

measures if required.

The IEPA commits to continue monitoring of ozone in Jersey County

for the purposes of tracking continued maintenance of the ozone

standard attainment. Additionally, the IEPA commits to revise the

maintenance plan as necessary to comply with any subsequent USEPA

finding that the maintenance plan is inadequate to maintain attainment

of the ozone NAAQS (such a finding would be made by the USEPA if

subsequent violations of the ozone standard showed that the maintenance

plan is adequate to maintain attainment of the ozone standard or to

further lower emissions after a monitored violation of the ozone

standard) and to revise the maintenance plan in eight years in

compliance with section 175A of the Act.

(6) Demonstration of maintenance. To demonstrate maintenance of the

NAAQS, the IEPA has projected VOC, NOx, and CO emissions to 2004, ten

years after USEPA is expected to approve the redesignation of Jersey

County. Emission projections were based on methodology consistent with

USEPA guidelines. For stationary point sources, the IEPA used growth

factors obtained from Regional Economic Models, Incorporated (REMI)

using Illinois-specific data. Area source and off-highway emissions

were projected using population projections and other factors

consistent with the approach used to project emissions in the State's

15 percent rate of progress plan (currently under development). On-

highway emissions were projected assuming an annual growth rate of 2.5

percent as estimated by the Illinois Department of Transportation. On-

highway emissions were estimated using MOBILE5a.

Emission estimates for the attainment base year (1990), 2006, and

several interim years are given below:

VOC Emissions (Tons Per Day)

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

1990 1995 2000 2004

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

Point sources........................... 0.08 0.09 0.09 0.10

Area sources............................ 2.79 2.81 2.83 2.84

On-road mobile sources.................. 1.51 1.35 1.19 1.06

Off-road mobile sources................. 1.41 1.42 1.44 1.45

Biogenic sources........................ 14.65 14.65 14.65 14.65

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

Total............................... 20.44 20.32 20.20 20.10

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

NOX Emissions (Tons Per Day)

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

1990 1995 2000 2004

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

Point sources........................... 0.00 0.00 0.00 0.00

Area sources............................ 0.06 0.06 0.06 0.06

On-road mobile sources.................. 1.50 1.50 1.49 1.49

Off-road mobile sources................. 2.76 2.86 2.95 3.03

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

Totals.............................. 4.32 4.42 4.50 4.58

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

CO Emissions (Tons Per Day)

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

1990 1995 2000 2004

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

Point sources........................... 0.00 0.00 0.00 0.00

Area sources............................ 0.56 0.56 0.56 0.56

On-road mobile sources.................. 9.74 7.95 6.16 4.73

Off-road mobile sources................. 5.93 5.99 6.06 6.11

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

Totals.............................. 16.23 14.50 12.78 11.40

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

The IEPA believes the decrease in VOC and CO emissions and

relatively constant NOX emissions (the small increase in NOX

emissions between 1990 and 2004 is viewed by the IEPA to be

inconsequential with respect to ozone concentration changes) between

1990 and 2004 demonstrates the maintenance of the ozone NAAQS for the

required ten year maintenance period.

It should be noted that the interim year emissions above were

determined by the USEPA based on discussions with the IEPA. The USEPA

and IEPA agreed that the interim year emission estimates should be

based on linear interpolation between the 1990 and 2004 emission

estimates. This is consistent with the source growth estimation

procedure used by the State to estimate the 2004 emission levels, and

USEPA believes that this method is appropriate and reasonable for

estimating the interim year emissions. The USEPA believes that this

method provides reasonable estimates of the emission levels in those

years and does not underestimate those emissions. The interim year

estimates support the IEPA's conclusion that the ozone NAAQS should be

maintained in Jersey County for the period between 1990 and 2004.

III. USEPA Analysis of Redesignation Request

1. Monitored Attainment of the NAAQS

The IEPA has collected quality assured ozone data showing

attainment of the ozone standard at all monitoring sites during the

most recent three years of monitoring. These data are recorded in AIRS.

2. Approved State Implementation Plan

Jersey County is covered by a SIP approved by the USEPA under

section 110 and part D of the Act. Illinois has implemented this SIP.

The implementation of this SIP included the adoption and implementation

of USEPA approved RACT regulations and other required reasonably

available control measures required by the pre-1990 Act.

Illinois has complied with the amended Act. Illinois has submitted

a 1990 base year emissions inventory for VOC, CO, and NOX

emissions. This emissions inventory appears to be acceptable, and must

be approved in final before the USEPA can approve the redesignation of

Jersey County to attainment for ozone. The emission inventory is the

subject of a separate rulemaking action. Illinois has also submitted a

SIP revision requiring annual emission statements from major sources

and the SIP was approved by USEPA on September 9, 1993, (See 58 FR

47379).

As noted above, although Illinois' NSR regulations have not been

approved by the USEPA, the USEPA does not consider this to be

reasonable basis for disapproving Illinois' redesignation request since

PSD requirements will replace NSR after Jersey County has been

redesignated to attainment. Until such time, addition of major new

sources or major modification of existing ozone precursor sources must

be covered NSR permits acceptable to both the State of Illinois and the

USEPA.

Lack of adopted mobile source conformity regulations is

inconsequential since such regulations are required whether Jersey

County is designated as nonattainment or attainment for ozone.

3. Improvement of Air Quality Due to Permanent Emission Reductions

Implementation of VOC emission controls in Jersey County and in the

St. Louis/Metro-East St. Louis ozone nonattainment areas has led to

permanent, enforceable emission reductions which can explain the

observed improvement in ozone levels in Jersey County.

4. Maintenance Plan

The contingency portion of the maintenance plan was found to be

acceptable. In addition, an acceptable demonstration of maintenance for

Jersey County has been made through emission projections to 2004.

One issue concerning the contingency measures, however, must be

noted. As discussed above, Illinois has chosen to include the

implementation of tighter gasoline RVP (requiring lower RVP)

requirements as a contingency measure. At the same time Illinois was

finalizing its maintenance plans, the USEPA issued new guidance

concerning the use of lower RVP as contingency measures in maintenance

plans. This new guidance was provided in a November 8, 1993, memorandum

from Michael Horowitz, Office of General Counsel, to Directors of Air

and Radiation Divisions. The guidance indicates that, for States to

include lower RVP as a contingency measure in maintenance plans, the

maintenance plan must include several things with respect to this

contingency measure. First, the maintenance plan must indicate that if

the former nonattainment area fell back into nonattainment, the State

would submit a request to the USEPA to find under section 211(c)(4)(C)

of the Act that the lower RVP requirement is necessary for the area to

achieve the ozone NAAQS. Second, since the implementation of a lower

RVP would rely upon USEPA's determination of whether it was necessary

to achieve attainment, the State must provide for the possibility that

a lower RVP could not be implemented. To do so, the State would need to

provide for a backup measure in the maintenance plan. The maintenance

plan could also include a commitment to adopt, as an alternative to the

specified measure, measures identified by the USEPA as practicable in

its denial of the State's request for a lower RVP requirement. If the

State chooses to adopt measures specified by the USEPA and the USEPA

has provided several options for acceptable measures, the State must

adopt the requisite number of these measures as is necessary to again

achieve the standard. The State would need to include a schedule for

submittal of the section 211(c)(4)(C) request to the USEPA and a

schedule for final adoption and implementation of a lower RVP standard,

or the back-up measure(s), or the alternative measures selected by the

USEPA. The schedule would need to be tied to the triggering event for

the contingency measure, not to USEPA action on the 211(c)(4)(C)

request.

Notwithstanding the November 8, 1993, policy discussed above, which

was not available to Illinois at the time the State was finalizing and

submitting it maintenance plans to the USEPA, USEPA should approve

Illinois' maintenance plan as it currently exists. This is because

Illinois has identified a wide range of contingency measures to choose

from in the maintenance plan and is, therefore, not relying exclusively

on lower RVP requirements as a contingency measure. If Illinois,

however, upon the triggering of the need to implement contingency

measures, chooses to implement requirements for lower RVP, Illinois

must submit the section 211(c)(4)(C) request in compliance with the

Act.

Based on the above, it is recommended that the USEPA approve

Illinois' request for the redesignation of Jersey County to attainment

for ozone as well as Illinois' maintenance plan for this county.

IV. USEPA's Proposed Rulemaking Action

The USEPA proposes to approve the redesignation of Jersey County to

attainment for ozone because the State of Illinois has met the

requirements of the Act revising the Illinois ozone SIP.

V. Request for Public Comments

USEPA is requesting comments on the requested SIP revision and this

proposed rule. As indicated at the outset of this notice, USEPA will

consider any comments received by December 27, 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 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 affected.

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

Act, preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Act forbids USEPA to base its actions concerning SIPS on such grounds.

Union Electric Co, v. USEPA, 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 January 24, 1995. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

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

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

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

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

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

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.

40 CFR Part 81

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.

Dated: November 16, 1994.

Jo Lynn Traub,

Acting 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 (h) to read as

follows:

Sec. 52.726 Control strategy: Ozone.

* * *

(h) Approval--On November 12, 1993, the Illinois Environmental

Protection Agency submitted an ozone redesignation request and

maintenance plan for Jersey County ozone nonattainment area and

requested that Jersey County be redesignated to attainment for ozone.

The redesignation request and maintenance plan meet the redesignation

requirements in section 107(d)(3)(d) of the Act as amended in 1990. The

redesignation meets the Federal requirements of section 182(a)(1) of

the Clean Air Act as a revision to the Illinois ozone State

Implementation Plan for Jersey County.

* * * * *

[FR Doc. 94-29144 Filed 11-23-94; 8:45 am]

BILLING CODE 6560-50-P