81 FR 11671 - Air Plan Approval; Illinois; Base Year Emission Inventories for the 20088-Hour Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 44 (March 7, 2016)
Federal Register Volume 81, Issue 44 (March 7, 2016)
| Page Range | 11671-11673 | |
| FR Document | 2016-04879 |
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)] [Rules and Regulations] [Pages 11671-11673] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04879] [[Page 11671]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0664; FRL-9943-33-Region 5] Air Plan Approval; Illinois; Base Year Emission Inventories for the 2008 8-Hour Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Illinois Environmental Protection Agency (IEPA) on September 3, 2014, to address emission inventory requirements for the Illinois portions of the Chicago-Naperville, Illinois-Indiana-Wisconsin (IL-IN-WI) and St. Louis, Missouri-Illinois (MO-IL) ozone nonattainment areas under the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard). The Clean Air Act (CAA) requires emission inventories for all ozone nonattainment areas. The emission inventories contained in Illinois' September 3, 2014, submission meet this CAA requirement. DATES: This direct final rule will be effective May 6, 2016, unless EPA receives adverse comments by April 6, 2016. If adverse comments are received by EPA, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2014-0664 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Edward Doty, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6057, [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. The 2008 Ozone NAAQS and Emission Inventory Requirements II. Illinois' Emission Inventories A. Base Year B. How did the state develop the emission inventories? III. EPA's Evaluation A. Did the state adequately document the derivation of the emission estimates? B. Did the state quality assure the emission estimates? C. Did the state provide for public review of the requested SIP revision? IV. Final Action V. Statutory and Executive Order Reviews I. The 2008 Ozone NAAQS and Emission Inventory Requirements On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). In 2012, EPA designated nonattainment areas for the 2008 ozone NAAQS (77 FR 30088, May 21, 2012, and 77 FR 34221, June 11, 2012). The Chicago- Naperville, IL-IN-WI and St. Louis, MO-IL areas were designated as marginal nonattainment areas for the 2008 ozone NAAQS. The Illinois portion (the Chicago area) of the Chicago-Naperville, IL-IN-WI ozone nonattainment area includes the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, Aux Sable and Goose Lake Townships in Grundy County, and Oswego Township in Kendall County. The Illinois portion (the Metro- East St. Louis area) of the St. Louis, MO-IL ozone nonattainment area includes Madison, Monroe, and St. Clair Counties. CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 7511a(a)(1), require states to develop and submit, as SIP revisions, emission inventories for all areas designated as nonattainment for the ozone NAAQS. An emission inventory for ozone is an estimation of actual emissions of air pollutants that contribute to the formation of ozone in an area. Ozone is a gas that is formed by the reaction of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX ) in the atmosphere in the presence of sunlight (VOC and NOX are referred to as ozone precursors). Therefore, an emission inventory for ozone covers the emissions of VOC and NOX . VOC is emitted by many types of pollution sources, including power plants, industrial sources, on-road and off-road mobile sources, smaller stationary sources, collectively referred to as area sources, and biogenic sources.\1\ NOX is primarily emitted by combustion sources, both stationary and mobile. --------------------------------------------------------------------------- \1\ Biogenic emissions are produced by living organisms and are typically not included in the base year emission inventories, but are considered in ozone modeling analyses, which must consider all emissions in a modeled area. --------------------------------------------------------------------------- The emission inventories provide emissions data for a variety of air quality planning tasks, including establishing baseline emission levels, calculating emission reduction targets needed to attain the NAAQS, determining emission inputs for ozone air quality modeling analyses, and tracking emissions over time to determine progress toward achieving air quality and emission reduction goals. As stated above, the CAA requires the states to submit emission inventories for areas designated as nonattainment for ozone. For the 2008 ozone NAAQS, EPA has recommended that states use 2011 as a base year for the emission estimates (78 FR 34178, 34190, June 6, 2013). However, EPA also allows states to submit base year emissions for other years during a recent ozone standard violation period. States are required to submit estimates of VOC and NOX emissions for four general classes of anthropogenic sources: Stationary point sources; area sources; on- road mobile sources; and off-road mobile sources in their emission inventories. II. Illinois' Emission Inventories Illinois submitted a SIP revision addressing the VOC and NOX emission inventory requirement for the Chicago and Metro-East St. Louis areas on September 3, 2014. Tables 1 and 2 summarize the 2011 VOC and NOX emissions for these two areas for a typical summer day (reflective of the summer period, when the highest ozone concentrations are expected in these ozone nonattainment areas). [[Page 11672]] Table 1--Chicago Area 2011 Emission Inventory [Tons per day] ------------------------------------------------------------------------ Source type VOC NOX ------------------------------------------------------------------------ Point................................................. 48.26 119.88 Area.................................................. 210.04 27.13 On-Road Mobile........................................ 91.03 296.38 Off-Road Mobile....................................... 168.66 170.86 ----------------- Totals............................................ 517.98 614.37 ------------------------------------------------------------------------ Table 2--Metro-East St. Louis Area 2011 Emission Inventory [Tons per day] ------------------------------------------------------------------------ Source Type VOC NOX ------------------------------------------------------------------------ Point................................................. 10.80 26.18 Area.................................................. 18.12 1.24 On-Road Mobile........................................ 11.44 34.14 Off-Road Mobile....................................... 8.49 17.17 ----------------- Totals............................................ 48.86 78.72 ------------------------------------------------------------------------ A. Base Year As recommended by the EPA, the IEPA has selected 2011 as the base year for the submitted emission inventories. B. How did the state develop the emission inventories? Illinois estimated VOC (Volatile Organic Material (VOM) in the Illinois emission inventory \2\) and NOX emissions for each Illinois county contained in (and for each township for counties partially contained in) the Chicago and Metro-East St. Louis areas. Emissions for the counties (or townships) were totaled by source category for the two ozone nonattainment areas. To develop the VOC and NOX emission inventories, IEPA used the procedures summarized below. --------------------------------------------------------------------------- \2\ VOM as defined at 35 Illinois Administrative Code section 211.7150 is identical to EPA's definition of VOC at 40 CFR 51.100(s). The terms VOC and VOM are interchangeable, and refer to the same compounds. We use VOC here to remain consistent with EPA's standard practice to refer to VOC as an ozone precursor. --------------------------------------------------------------------------- The primary source of emissions data for point sources was the source-reported 2011 Annual Emission Reports (AERs) (emission statements). Under Illinois state law covering emission statement requirements at 35 Illinois Administrative Code part 254, major sources are required to report emissions annually to the state. The emissions reported to the state for 2011 were the primary source of facility- emissions, which were further divided into source category-specific emission totals by county/township. Area source emissions were generally calculated by multiplying source category-specific emission factors by 2011 source activity levels (population, employment levels, etc.) for each county or township. In some cases, 2011 area source category emissions were projected from 2010 emissions using estimated source category-specific growth rates. On-road mobile source emissions were estimated using EPA's Motor Vehicle Emission Simulator model and vehicle activity levels provided by the state Department of Transportation and local planning agencies. Off-road emissions were estimated using the National Mobile Inventory Model (NMIM). These emission estimates were supplemented with emission estimates for aircraft, locomotives, and commercial marine vessels provided through contractor studies since NMIM does not cover these source types. III. EPA's Evaluation EPA has reviewed Illinois' September 3, 2014, requested SIP revision for consistency with CAA and EPA emission inventory requirements. In particular, EPA has reviewed the techniques used by IEPA to derive and quality assure the emission estimates. EPA has also evaluated whether Illinois provided the public with the opportunity to review and comment on the development of the emission estimates and whether IEPA addressed public comments. A. Did the state adequately document the derivation of the emission estimates? IEPA documented the general procedures used to estimate the emissions for each of the four major source types and for some specific source types for the off-road emissions. The documentation of the emission estimation procedures was adequate for us to determine that Illinois followed acceptable procedures to estimate the emissions. B. Did the state quality assure the emission estimates? Illinois developed a quality assurance plan and followed this plan during various phases of the emissions estimation and documentation process to quality assure the emissions for completeness and accuracy. These quality assurance procedures are summarized in the documentation describing how the emissions totals were developed. We have determined that the quality assurance procedures followed by Illinois are adequate and acceptable and that Illinois has developed inventories of VOC and NOX emissions that are comprehensive and complete. C. Did the state provide for public review of the requested SIP revision? IEPA notified the public of the opportunity for comment both in newspapers and on IEPA's Web site. No comments were received on the emission inventories and no public hearing was requested. IV. Final Action We are approving the Illinois SIP revision submitted to address the emission inventory requirements for the Chicago and Metro-East St. Louis areas for the 2008 ozone NAAQS. The emission inventories we are approving into the SIP are specified in Tables 1 and 2 above. We are approving the emission inventories because they contain comprehensive, accurate, and current inventories of actual emissions for all relevant sources in accordance with CAA sections 172(c)(3) and 182(a)(1) and because Illinois adopted the emission inventories after providing for reasonable public notice and the opportunity for public hearings. We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective May 6, 2016 without further notice unless we receive relevant adverse written comments by April 6, 2016. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that, if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective May 6, 2016. [[Page 11673]] V. Statutory and Executive Order Reviews Under the CAA, 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, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 6, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: February 22, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. Section 52.726 is amended by adding paragraph (pp) to read as follows: Sec. 52.726 Control strategy: Ozone. * * * * * (pp) On September 3, 2014, Illinois submitted 2011 volatile organic compounds and oxides of nitrogen emission inventories for the Illinois portions of the Chicago-Naperville, Illinois-Indiana-Wisconsin and St. Louis, Missouri-Illinois nonattainment areas for the 2008 ozone national ambient air quality standard as a revision of the Illinois state implementation plan. The emission inventories are approved as a revision of the state's implementation plan. [FR Doc. 2016-04879 Filed 3-4-16; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION identified in the FOR FURTHER actual emissions of air pollutants that
AGENCY INFORMATION CONTACT section. For the contribute to the formation of ozone in
full EPA public comment policy, an area. Ozone is a gas that is formed
40 CFR Part 52 information about CBI or multimedia by the reaction of Volatile Organic
[EPA–R05–OAR–2014–0664; FRL–9943–33– submissions, and general guidance on Compounds (VOC) and Oxides of
Region 5] making effective comments, please visit Nitrogen (NOX) in the atmosphere in the
http://www2.epa.gov/dockets/ presence of sunlight (VOC and NOX are
Air Plan Approval; Illinois; Base Year commenting-epa-dockets. referred to as ozone precursors).
Emission Inventories for the 2008 FOR FURTHER INFORMATION CONTACT: Therefore, an emission inventory for
8-Hour Ozone Standard Edward Doty, Attainment Planning and ozone covers the emissions of VOC and
AGENCY: Environmental Protection Maintenance Section, Air Programs NOX. VOC is emitted by many types of
Agency (EPA). Branch (AR–18J), Environmental pollution sources, including power
ACTION: Direct final rule.
Protection Agency, Region 5, 77 West plants, industrial sources, on-road and
Jackson Boulevard, Chicago, Illinois off-road mobile sources, smaller
SUMMARY: The Environmental Protection 60604, (312) 886–6057, Doty.Edward@ stationary sources, collectively referred
Agency (EPA) is approving a State epa.gov.
to as area sources, and biogenic
Implementation Plan (SIP) revision SUPPLEMENTARY INFORMATION: sources.1 NOX is primarily emitted by
submitted by the Illinois Environmental Throughout this document, whenever combustion sources, both stationary and
Protection Agency (IEPA) on September ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
3, 2014, to address emission inventory mobile.
EPA. This supplementary information
requirements for the Illinois portions of The emission inventories provide
section is arranged as follows:
the Chicago-Naperville, Illinois-Indiana- emissions data for a variety of air
Wisconsin (IL-IN-WI) and St. Louis, I. The 2008 Ozone NAAQS and Emission quality planning tasks, including
Inventory Requirements
Missouri-Illinois (MO-IL) ozone establishing baseline emission levels,
II. Illinois’ Emission Inventories
nonattainment areas under the 2008 A. Base Year calculating emission reduction targets
ozone National Ambient Air Quality B. How did the state develop the emission needed to attain the NAAQS,
Standard (NAAQS or standard). The inventories? determining emission inputs for ozone
Clean Air Act (CAA) requires emission III. EPA’s Evaluation air quality modeling analyses, and
inventories for all ozone nonattainment A. Did the state adequately document the tracking emissions over time to
areas. The emission inventories derivation of the emission estimates?
determine progress toward achieving air
contained in Illinois’ September 3, 2014, B. Did the state quality assure the emission
estimates? quality and emission reduction goals.
submission meet this CAA requirement. As stated above, the CAA requires the
C. Did the state provide for public review
DATES: This direct final rule will be states to submit emission inventories for
of the requested SIP revision?
effective May 6, 2016, unless EPA IV. Final Action areas designated as nonattainment for
receives adverse comments by April 6, V. Statutory and Executive Order Reviews ozone. For the 2008 ozone NAAQS, EPA
2016. If adverse comments are received
I. The 2008 Ozone NAAQS and has recommended that states use 2011
by EPA, EPA will publish a timely
withdrawal of the direct final rule in the Emission Inventory Requirements as a base year for the emission estimates
Federal Register informing the public (78 FR 34178, 34190, June 6, 2013).
On March 12, 2008, EPA promulgated
that the rule will not take effect. However, EPA also allows states to
a revised 8-hour ozone NAAQS of 0.075
ADDRESSES: Submit your comments, parts per million (ppm). See 73 FR submit base year emissions for other
identified by Docket ID No. EPA–R05– 16436 (March 27, 2008). In 2012, EPA years during a recent ozone standard
OAR–2014–0664 at http:// designated nonattainment areas for the violation period. States are required to
www.regulations.gov or via email to 2008 ozone NAAQS (77 FR 30088, May submit estimates of VOC and NOX
Aburano.Douglas@epa.gov. For 21, 2012, and 77 FR 34221, June 11, emissions for four general classes of
comments submitted at Regulations.gov, 2012). The Chicago-Naperville, IL-IN-WI anthropogenic sources: Stationary point
follow the online instructions for and St. Louis, MO-IL areas were sources; area sources; on-road mobile
submitting comments. Once submitted, designated as marginal nonattainment sources; and off-road mobile sources in
comments cannot be edited or removed areas for the 2008 ozone NAAQS. The their emission inventories.
from Regulations.gov. For either manner Illinois portion (the Chicago area) of the
II. Illinois’ Emission Inventories
of submission, EPA may publish any Chicago-Naperville, IL-IN-WI ozone
comment received to its public docket. nonattainment area includes the Illinois submitted a SIP revision
Do not submit electronically any counties of Cook, DuPage, Kane, Lake, addressing the VOC and NOX emission
information you consider to be McHenry, and Will, Aux Sable and inventory requirement for the Chicago
Confidential Business Information (CBI) Goose Lake Townships in Grundy and Metro-East St. Louis areas on
or other information whose disclosure is County, and Oswego Township in September 3, 2014. Tables 1 and 2
restricted by statute. Multimedia Kendall County. The Illinois portion summarize the 2011 VOC and NOX
submissions (audio, video, etc.) must be (the Metro-East St. Louis area) of the St. emissions for these two areas for a
accompanied by a written comment. Louis, MO-IL ozone nonattainment area
typical summer day (reflective of the
The written comment is considered the includes Madison, Monroe, and St. Clair
summer period, when the highest ozone
official comment and should include Counties.
mstockstill on DSK4VPTVN1PROD with RULES
discussion of all points you wish to CAA sections 172(c)(3) and 182(a)(1), concentrations are expected in these
make. EPA will generally not consider 42 U.S.C. 7502(c)(3) and 7511a(a)(1), ozone nonattainment areas).
comments or comment contents located require states to develop and submit, as
1 Biogenic emissions are produced by living
outside of the primary submission (i.e. SIP revisions, emission inventories for
organisms and are typically not included in the
on the web, cloud, or other file sharing all areas designated as nonattainment base year emission inventories, but are considered
system). For additional submission for the ozone NAAQS. An emission in ozone modeling analyses, which must consider
methods, please contact the person inventory for ozone is an estimation of all emissions in a modeled area.
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TABLE 1—CHICAGO AREA 2011 Area source emissions were generally acceptable and that Illinois has
EMISSION INVENTORY calculated by multiplying source developed inventories of VOC and NOX
[Tons per day]
category-specific emission factors by emissions that are comprehensive and
2011 source activity levels (population, complete.
Source type VOC NOX employment levels, etc.) for each county
or township. In some cases, 2011 area C. Did the state provide for public
Point .................................. 48.26 119.88 source category emissions were review of the requested SIP revision?
Area .................................. 210.04 27.13 projected from 2010 emissions using
On-Road Mobile ............... 91.03 296.38 estimated source category-specific
IEPA notified the public of the
Off-Road Mobile ............... 168.66 170.86 growth rates. opportunity for comment both in
On-road mobile source emissions newspapers and on IEPA’s Web site. No
Totals ......................... 517.98 614.37
were estimated using EPA’s Motor comments were received on the
Vehicle Emission Simulator model and emission inventories and no public
TABLE 2—METRO-EAST ST. LOUIS vehicle activity levels provided by the hearing was requested.
AREA 2011 EMISSION INVENTORY state Department of Transportation and IV. Final Action
[Tons per day]
local planning agencies.
Off-road emissions were estimated We are approving the Illinois SIP
Source Type VOC NOX using the National Mobile Inventory revision submitted to address the
Model (NMIM). These emission emission inventory requirements for the
Point .................................. 10.80 26.18 estimates were supplemented with Chicago and Metro-East St. Louis areas
Area .................................. 18.12 1.24 emission estimates for aircraft, for the 2008 ozone NAAQS. The
On-Road Mobile ............... 11.44 34.14 locomotives, and commercial marine emission inventories we are approving
Off-Road Mobile ............... 8.49 17.17 vessels provided through contractor into the SIP are specified in Tables 1
studies since NMIM does not cover and 2 above. We are approving the
Totals ......................... 48.86 78.72
these source types. emission inventories because they
A. Base Year III. EPA’s Evaluation contain comprehensive, accurate, and
current inventories of actual emissions
As recommended by the EPA, the EPA has reviewed Illinois’ September
for all relevant sources in accordance
IEPA has selected 2011 as the base year 3, 2014, requested SIP revision for
with CAA sections 172(c)(3) and
for the submitted emission inventories. consistency with CAA and EPA
emission inventory requirements. In 182(a)(1) and because Illinois adopted
B. How did the state develop the particular, EPA has reviewed the the emission inventories after providing
emission inventories? techniques used by IEPA to derive and for reasonable public notice and the
quality assure the emission estimates. opportunity for public hearings.
Illinois estimated VOC (Volatile
EPA has also evaluated whether Illinois We are publishing this action without
Organic Material (VOM) in the Illinois
provided the public with the prior proposal because we view this as
emission inventory 2) and NOX
opportunity to review and comment on a noncontroversial amendment and
emissions for each Illinois county
contained in (and for each township for the development of the emission anticipate no adverse comments.
counties partially contained in) the estimates and whether IEPA addressed However, in the proposed rules section
Chicago and Metro-East St. Louis areas. public comments. of this Federal Register publication, we
Emissions for the counties (or A. Did the state adequately document are publishing a separate document that
townships) were totaled by source the derivation of the emission will serve as the proposal to approve the
category for the two ozone estimates? state plan if relevant adverse written
nonattainment areas. To develop the comments are filed. This rule will be
IEPA documented the general effective May 6, 2016 without further
VOC and NOX emission inventories, procedures used to estimate the
IEPA used the procedures summarized notice unless we receive relevant
emissions for each of the four major adverse written comments by April 6,
below. source types and for some specific
The primary source of emissions data 2016. If we receive such comments, we
source types for the off-road emissions. will withdraw this action before the
for point sources was the source- The documentation of the emission
reported 2011 Annual Emission Reports effective date by publishing a
estimation procedures was adequate for
(AERs) (emission statements). Under subsequent document that will
us to determine that Illinois followed
Illinois state law covering emission withdraw the final action. All public
acceptable procedures to estimate the
statement requirements at 35 Illinois comments received will then be
emissions.
Administrative Code part 254, major addressed in a subsequent final rule
sources are required to report emissions B. Did the state quality assure the based on the proposed action. EPA will
annually to the state. The emissions emission estimates? not institute a second comment period.
reported to the state for 2011 were the Illinois developed a quality assurance Any parties interested in commenting
primary source of facility-emissions, plan and followed this plan during on this action should do so at this time.
which were further divided into source various phases of the emissions Please note that, if EPA receives adverse
category-specific emission totals by estimation and documentation process comment on an amendment, paragraph,
county/township. to quality assure the emissions for or section of this rule and if that
mstockstill on DSK4VPTVN1PROD with RULES
completeness and accuracy. These provision may be severed from the
2 VOM as defined at 35 Illinois Administrative quality assurance procedures are remainder of the rule, EPA may adopt
Code section 211.7150 is identical to EPA’s summarized in the documentation as final those provisions of the rule that
definition of VOC at 40 CFR 51.100(s). The terms describing how the emissions totals are not the subject of an adverse
VOC and VOM are interchangeable, and refer to the
same compounds. We use VOC here to remain
were developed. We have determined comment. If we do not receive any
consistent with EPA’s standard practice to refer to that the quality assurance procedures comments, this action will be effective
VOC as an ozone precursor. followed by Illinois are adequate and May 6, 2016.
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V. Statutory and Executive Order governments or preempt tribal law as PART 52—APPROVAL AND
Reviews specified by Executive Order 13175 (65 PROMULGATION OF
Under the CAA, the Administrator is FR 67249, November 9, 2000). IMPLEMENTATION PLANS
required to approve a SIP submission The Congressional Review Act, 5
■ 1. The authority citation for part 52
that complies with the provisions of the U.S.C. 801 et seq., as added by the Small continues to read as follows:
CAA and applicable Federal regulations. Business Regulatory Enforcement
42 U.S.C. 7410(k); 40 CFR 52.02(a). Fairness Act of 1996, generally provides Authority: 42 U.S.C. 7401 et seq.
Thus, in reviewing SIP submissions, that before a rule may take effect, the ■ 2. Section 52.726 is amended by
EPA’s role is to approve state choices, agency promulgating the rule must adding paragraph (pp) to read as
provided that they meet the criteria of submit a rule report, which includes a follows:
the CAA. Accordingly, this action copy of the rule, to each House of the
merely approves state law as meeting § 52.726 Control strategy: Ozone.
Congress and to the Comptroller General
Federal requirements and does not of the United States. EPA will submit a * * * * *
impose additional requirements beyond (pp) On September 3, 2014, Illinois
report containing this action and other
those imposed by state law. For that submitted 2011 volatile organic
required information to the U.S. Senate,
reason, this action: compounds and oxides of nitrogen
the U.S. House of Representatives, and
• Is not a ‘‘significant regulatory emission inventories for the Illinois
action’’ subject to review by the Office the Comptroller General of the United portions of the Chicago-Naperville,
of Management and Budget under States prior to publication of the rule in Illinois-Indiana-Wisconsin and St.
Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule Louis, Missouri-Illinois nonattainment
October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it areas for the 2008 ozone national
January 21, 2011); is published in the Federal Register. ambient air quality standard as a
• Does not impose an information This action is not a ‘‘major rule’’ as revision of the Illinois state
collection burden under the provisions defined by 5 U.S.C. 804(2). implementation plan. The emission
of the Paperwork Reduction Act (44 Under section 307(b)(1) of the CAA, inventories are approved as a revision of
U.S.C. 3501 et seq.); petitions for judicial review of this the state’s implementation plan.
• Is certified as not having a action must be filed in the United States [FR Doc. 2016–04879 Filed 3–4–16; 8:45 am]
significant economic impact on a Court of Appeals for the appropriate BILLING CODE 6560–50–P
substantial number of small entities circuit by May 6, 2016. Filing a petition
under the Regulatory Flexibility Act (5 for reconsideration by the Administrator
U.S.C. 601 et seq.); of this final rule does not affect the ENVIRONMENTAL PROTECTION
• Does not contain any unfunded AGENCY
finality of this action for the purposes of
mandate or significantly or uniquely
judicial review nor does it extend the 40 CFR Part 52
affect small governments, as described
time within which a petition for judicial
in the Unfunded Mandates Reform Act [EPA–R05–OAR–2014–0860; FRL 9943–31–
of 1995 (Pub. L. 104–4); review may be filed, and shall not
postpone the effectiveness of such rule Region 5]
• Does not have Federalism
implications as specified in Executive or action. Parties with objections to this Air Plan Approval; Wisconsin; Base
Order 13132 (64 FR 43255, August 10, direct final rule are encouraged to file a Year Emission Inventories for the 2008
1999); comment in response to the parallel 8-Hour Ozone Standard
• Is not an economically significant notice of proposed rulemaking for this
regulatory action based on health or action published in the proposed rules AGENCY: Environmental Protection
safety risks subject to Executive Order section of today’s Federal Register, Agency (EPA).
13045 (62 FR 19885, April 23, 1997); rather than file an immediate petition ACTION: Direct final rule.
• Is not a significant regulatory action for judicial review of this direct final
subject to Executive Order 13211 (66 FR SUMMARY: The Environmental Protection
rule, so that EPA can withdraw this
28355, May 22, 2001); Agency (EPA) is approving a State
direct final rule and address the
• Is not subject to requirements of Implementation Plan (SIP) revision
comment in the proposed rulemaking.
Section 12(d) of the National submitted by the Wisconsin Department
This action may not be challenged later of Natural Resources (WDNR) on
Technology Transfer and Advancement in proceedings to enforce its
Act of 1995 (15 U.S.C. 272 note) because November 14, 2014, to address emission
requirements. (See section 307(b)(2).) inventory requirements for the
application of those requirements would
be inconsistent with the CAA; and List of Subjects in 40 CFR Part 52 Sheboygan nonattainment area
• Does not provide EPA with the (Sheboygan area) and the Wisconsin
discretionary authority to address, as Environmental protection, Air portion (Kenosha area) of the Chicago-
appropriate, disproportionate human pollution control, Carbon monoxide, Naperville, Illinois-Indiana-Wisconsin
health or environmental effects, using Incorporation by reference, (Chicago-Naperville, IL-IN-WI)
practicable and legally permissible Intergovernmental relations, Nitrogen nonattainment area under the 2008
methods, under Executive Order 12898 dioxide, Ozone, Reporting and ozone National Ambient Air Quality
(59 FR 7629, February 16, 1994). recordkeeping requirements, Volatile Standard (NAAQS or standard). The
In addition, the SIP is not approved organic compounds. Clean Air Act (CAA) requires emission
mstockstill on DSK4VPTVN1PROD with RULES
to apply on any Indian reservation land inventories for all ozone nonattainment
Dated: February 22, 2016.
or in any other area where EPA or an areas. The emission inventories
Robert A. Kaplan, contained in Wisconsin’s November 14,
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Acting Regional Administrator, Region 5. 2014, submission meet this CAA
Indian country, the rule does not have requirement.
40 CFR part 52 is amended as follows:
tribal implications and will not impose DATES:This direct final rule is effective
substantial direct costs on tribal on May 6, 2016, unless the EPA receives
VerDate Sep<11>2014 16:13 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\07MRR1.SGM 07MRR1](https://thefederalregister.org/doc/81_FR_11715/page/3.svg)
Document Created: 2018-02-02 15:07:28
Document Modified: 2018-02-02 15:07:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective May 6, 2016, unless EPA receives adverse comments by April 6, 2016. If adverse comments are received by EPA, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Edward Doty, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6057, [email protected] | |
| FR Citation | 81 FR 11671 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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