[Federal Register Volume 62, Number 13 (Tuesday, January 21, 1997)]
[Rules and Regulations]
[Pages 2916-2918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1331]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL143-1a; FRL-5671-5]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On January 8, 1996, the State of Illinois submitted to EPA a
site-specific State Implementation Plan (SIP) revision request for
Reynolds Metals Company's (Reynolds) McCook Sheet and Plate Plant in
McCook, Illinois (in Cook County). The purpose of this request is to
amend the State's volatile organic material (VOM) reasonably available
control technology (RACT) requirements for Reynolds' aluminum rolling
operations to mirror the facility's RACT requirements promulgated under
the Chicago area Federal Implementation Plan (FIP). VOM, as defined by
the State of Illinois, is identical to ``volatile organic compounds''
(VOC), as defined by EPA. Emissions of VOC react with nitrogen oxides
in sunlight to form ground-level ozone, commonly known as smog.
Exposure to high ozone concentrations causes respiratory irritation,
especially to children, seniors, and people with asthma and other
respiratory problems. RACT rules establish the lowest VOC emission
limitation that major stationary sources are capable of meeting by the
application of control technology that is reasonably available,
considering technological and economic feasibility. In this action, EPA
is approving the requested SIP revision through a ``direct final''
rulemaking; the rationale for this approval is set forth in the
``supplementary information'' section of this rulemaking. Elsewhere in
this Federal Register, EPA is proposing approval and soliciting comment
on this direct final action; if adverse comments are received, EPA will
withdraw the direct final and address the comments received in a new
final rule; otherwise, no further rulemaking will occur on this
requested SIP revision.
DATES: This final rule is effective March 24, 1997 unless adverse
comments are received by February 20, 1997. If the effective date is
delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments can be mailed to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), Air and
Radiation Division, U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois, 60604.
Copies of the SIP revision request are available for inspection at
the following address: (It is recommended that you telephone Mark J.
Palermo at (312) 886-6082, before visiting the Region 5 office.) U.S.
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois, 60604.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Air Programs Branch
(AR-18J) at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background
On June 29, 1990, the EPA promulgated a FIP which contained RACT
regulations for stationary sources located in six northeastern Illinois
(Chicago area) counties: Cook, DuPage, Kane, Lake, McHenry, and
Will.1 Included in EPA's rules was a requirement that major non-
Control Techniques Guideline (CTG) sources be subject to 40 CFR 52.741
(s), (u), (v), (w), or (x). 2 The major non-CTG limits in 40 CFR
52.741(x) applied to the hot and cold aluminum rolling operations at
the Reynolds McCook facility, and required the facility's rolling mills
to meet an 81 percent (%) reduction in uncontrolled VOM emissions. On
August 19, 1991, Reynolds requested that EPA reconsider the application
of 40 CFR 52.741(x) to the facility, and on October 17, 1991, Reynolds
requested that EPA promulgate site-specific RACT limits for the
facility's hot and cold rolling mills. EPA agreed to reconsider the
RACT control requirements for Reynold's aluminum rolling operations,
and on March 10, 1995, revised the FIP as it applied to Reynolds by
promulgating site-specific lubricant selection and temperature control
requirements as RACT for the facility (60 FR at 3042). On November 15,
1990, Congress enacted amendments to the 1977 Clean Air Act; Public Law
101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q (Act).
Section 182(b)(2) of the Act requires states with moderate and above
ozone nonattainment areas to adopt RACT rules covering ``major''
sources not already covered by a CTG for all areas designated
nonattainment for ozone and classified as moderate or
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above. The Chicago ozone nonattainment area (Cook, DuPage, Kane, Lake,
McHenry, Will Counties and Aux Sable and Goose Lake Townships in Grundy
County and Oswego Township in Kendall County) is classified as
``severe'' nonattainment for ozone, and, hence, is subject to the Act's
non-CTG RACT requirement. Under Section 182(d), sources located in
severe ozone nonatttainment areas are considered ``major'' sources if
they have the potential to emit 25 tons per year or more of VOC.
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\1 \A definition of RACT is cited in a General Preamble-
Supplement on CTGs, published at 44 FR at 53761 (September 17,
1979). RACT is defined as the lowest emission limitation that a
particular source is capable of meeting by the application of
control technology that is reasonably available, considering
technological and economic feasibility.
\2 \CTGs are documents published by EPA which contain
information on available air pollution control techniques and
provide recommendations on what the EPA considers the ``presumptive
norm'' for RACT. Sources which are not covered by a CTG are called
``non-CTG'' sources.
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On October 21, 1993, and March 4, 1994, the State of Illinois
submitted RACT rules covering major non-CTG sources in the Chicago
severe ozone nonattainment area, which includes Subparts PP, QQ, RR,
TT, and UU of Part 218 of the 35 Illinois Administrative Code (IAC), as
a revision to the Illinois SIP. These State rules were based on the
Chicago FIP as promulgated on June 29, 1990. The SIP revision was
approved by EPA on October 21, 1996 (61 FR at 54556). Included in the
SIP revision was section 218.103, which provided that if EPA amended
the June 29, 1990 FIP for any source, Illinois would adopt and submit
to EPA site-specific SIP revision corresponding to that amendment.
On June 9, 1995, Reynolds and the Illinois Environmental Protection
Agency (IEPA) filed a joint petition for an adjusted standard with the
Illinois Pollution Control Board (Board). The adjusted standard
petition requested that Illinois revise its RACT requirements for
Reynolds' aluminum rolling operations to mirror Reynolds' requirements
under the March 10, 1995, FIP revision. A public hearing on the
adjusted standard petition was held on July 18, 1995, in Chicago,
Illinois. On September 21, 1995, the Board adopted a Final Opinion and
Order, AS 91-8, granting the adjusted standard requested by Reynolds.
The adjusted standard also became effective on September 21, 1995.
The IEPA formally submitted the adjusted standard for Reynolds on
January 8, 1996, as a site-specific revision to the Illinois SIP for
ozone. In doing so, IEPA intends to cover the Act's Section 182(b)(2)
major non-CTG RACT requirement for Reynolds' McCook, Illinois facility.
II. Analysis of SIP Submittal
The adjusted standard's requirements for the Reynolds McCook
facility are as follows:
A. Hot Rolling Mill
The Reynolds facility's hot rolling operations must use an oil/
water emulsion rolling lubricant not to exceed 15 percent, by weight,
of petroleum-based oil and additives. The hot rolling operations must
also not exceed a maximum inlet sump rolling lubricant temperature of
200 degrees Fahrenheit (F). Compliance shall be demonstrated by a
monthly analysis of a grab rolling lubricant sample from the hot mill
and continuous temperature reading of the rolling lubricant temperature
measured at or after the inlet sump but prior to the lubricant nozzles.
The lubricants at the hot mill must be sampled and tested, for the
percentage of oil and water, on a monthly basis. ASTM Method D95-83
(Reapproved 1990), ``Standard Test Method for Water in Petroleum
Products and Bituminous Materials by Distillation,'' shall be used to
determine the percent by weight for petroleum-based oil and additives.
B. Cold Rolling Mills
For the Reynolds McCook facility's cold rolling mills, the rolling
lubricants used must have an initial and final boiling point between
460 and 635 degrees F. To demonstrate compliance, all incoming
shipments of the oils to be used as lubricants must be sampled and
tested using ASTM 86-90 ``Standard Test Method for Distillation of
Petroleum Products.'' Moreover, a grab sample of the as-applied rolling
lubricant must be taken on a monthly basis during any month the mill is
in operation, and tested using ASTM 86-90, as well.
Reynolds' cold rolling mills must also not exceed an inlet supply
rolling lubricant temperature of 150 degrees F. Compliance with this
temperature control shall be demonstrated through continuous
temperature readings of the rolling lubricant temperature measured at
or after the inlet sump but prior to the lubricant nozzles.
C. Coolant Temperature Monitoring
Coolant temperature shall be monitored at all of the rolling mills
by use of thermocouple probes and chart recorder or computer data
system which automatically record values at least every five (5)
minutes.
D. Recordkeeping and Reporting
The Reynolds McCook facility must maintain records of all emulsion
formulations, percent oil tests, and rolling lubricant temperatures
used in hot rolling operations for three years. Likewise, Reynolds must
maintain records of rolling lubricant formulations, distillation range
tests for incoming shipments of oils and as-applied rolling lubricants,
and rolling lubricant temperatures for three years, as well. These
records shall be made available to IEPA or EPA upon request.
If Reynolds violates the control requirements specified in the
adjusted standard for any reason, it must submit a written report
providing a description of the deviation, along with a date and time,
cause of the deviation, if known, and any corrective action taken. Such
written report shall be submitted, for each calendar year, by May 1 of
the following year, unless more frequent or detailed reporting is
required under other provisions, including permit conditions.
E. Compliance Date
Reynolds shall comply with the above requirements listed above by
November 20, 1995.
III. Final Action
The EPA has undertaken its analysis of the site-specific SIP
revision request for Reynolds McCook facility and has determined that
the VOM control measures specified for the facility's aluminum rolling
mills is generally consistent with the March 10, 1995, site-specific
FIP revision for the facility, and, therefore, constitutes RACT. On
this basis, this site-specific SIP revision is approvable.
This site-specific SIP revision consists of adjusted standard AS
91-8, which was adopted on September 21, 1995, and became effective on
September 21, 1995. This adjusted standard replaces the requirements of
section 218.986 of the 35 IAC as they apply to Reynolds McCook
facility's hot and cold aluminum rolling operations.
The EPA is publishing this action without prior proposal because
EPA views this as a noncontroversial revision and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective on March 24, 1997 unless, by February 20, 1997, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent rulemaking that
will withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public
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is advised that this action will be effective on March 24, 1997.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
IV. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
B. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
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, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the Act
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the Act, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The Clean Air Act forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S.
246, 256-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. This Federal action approves pre-existing requirements under
state or local law, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or the private
sector, result from this action.
D. Petitions for Judicial Review
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 March 24, 1997. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See Section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: December 17, 1996.
Michelle D. Jordan,
Acting Regional Administrator.
For the reasons stated in the preamble, 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 52.720 is amended by adding paragraph (c)(132) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(132) On January 8, 1996, Illinois submitted a site-specific
revision to the State Implementation Plan establishing lubricant
selection and temperature control requirements for the hot and cold
aluminum operations at Reynolds Metals Company's McCook Sheet and Plate
Plant in McCook, Illinois (in Cook County), as part of the Ozone
Control Plan for the Chicago area.
(i) Incorporation by reference. September 21, 1995, Opinion and
Order of the Illinois Pollution Control Board AS 91-8, effective
September 21, 1995.
[FR Doc. 97-1331 Filed 1-17-97; 8:45 am]
BILLING CODE 6560-50-P
