[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3575-3578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1935]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL112-1-6759a; FRL-5331-7]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: On October 24, 1994, the State of Illinois submitted a site-
specific State Implementation Plan (SIP) revision request to the United
States Environmental Protection Agency (USEPA) for Alumax
Incorporated's Morris, Illinois facility, as part of the State's
requirement under the Clean Air Act (Act) to adopt Reasonably Available
Control Technology (RACT) rules controlling Volatile Organic Material
(VOM) for sources in the Chicago ozone nonattainment area which have
the potential to emit 25 tons of VOM per year and are not covered under
a USEPA Control Techniques Guideline (CTG) document. VOM, as defined by
the State of Illinois, is identical to ``volatile organic compounds''
(VOC), as defined by USEPA. Emissions of VOC react with other
pollutants, such as oxides of nitrogen, on hot summer days to form
ground-level ozone, commonly known as smog. Ozone pollution is of
particular concern because of its harmful effects upon lung tissue and
breathing passages. Chicago area RACT rules are intended to establish
for each particular major stationary source in the Chicago ozone
nonattainment area the lowest VOC emission limitation it is capable of
meeting by the application of control technology that is reasonably
available, considering technological and economic feasibility. RACT
controls are a major component of the Chicago ozone nonattainment
area's overall strategy to achieve and maintain attainment with the
ozone standard. A final approval action is being taken because the
submittal meets all pertinent Federal requirements.
DATES: The ``direct final'' is effective on April 1, 1996, unless USEPA
receives adverse or critical comments by March 4, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the revision request and USEPA's analysis
(Technical Support Document) are available for inspection at the
following address: U.S. Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois
60604. (It is recommended that you telephone Mark J. Palermo at (312)
886-6082 before visiting the Region 5 Office.)
Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Regulation Development Branch (AR-18J),
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(2) of the Act requires States with moderate and
above ozone nonattainment areas to adopt VOC RACT rules covering
``major'' sources not already covered by a CTG for all areas designated
nonattainment for ozone and classified as moderate or above. Under
Section 182(d), sources located in areas classified as ``severe'' are
considered ``major'' sources if they have the potential to emit 25 tons
per year or more of VOC.
On October 21, 1993, the State of Illinois submitted ``generic''
RACT rules covering non-CTG major sources in the Chicago severe ozone
nonattainment
[[Page 3576]]
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. This SIP revision is soon to be promulgated by USEPA.
On December 20, 1993, Alumax and the Illinois Environmental
Protection Agency (IEPA) filed a joint petition for an adjusted
standard for Alumax's Morris, Illinois facility with the Illinois
Pollution Control Board (Board). The adjusted standard petition sought
relief for the Morris facility's hot and cold aluminum rolling mills
from VOM control requirements found in part 218, subpart TT. Subpart TT
would require the Morris facility's rolling mills to meet an 81 percent
(%) reduction in uncontrolled VOM emissions. A public hearing on the
adjusted standard was held on March 1, 1994, in Morris, Illinois.
Alumax and IEPA contended that alternative control requirements for the
Morris facility are necessary due to Alumax's finding that placing add-
on control equipment to the facility's hot and cold rolling mills in
order to meet the 81% control requirement would be technically and
economically infeasible. On September 1, 1994, the Board adopted a
Final Opinion and Order, AS 92-13, granting the adjusted standard,
replacing the 81% control requirement with less stringent requirements,
which include lubricant selection and temperature control. The adjusted
standard also became effective on September 1, 1994.
The IEPA formally submitted the adjusted standard for Alumax on
October 24, 1994, 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 Alumax's Morris, Illinois facility.
USEPA made a finding of completeness of this SIP submittal in a letter
dated November 30, 1994.
II. State Submittal
The site-specific SIP revision would alter application of
regulations contained within subpart TT, section 218.986 of the 35 IAC,
as they apply to the Alumax facility's hot and cold aluminum rolling
mills. The regulations in section 218.986 address ``other emission
units.'' The request for an adjusted standard deals solely with the
requirements found in subsections (a), (b), and (c), which require
installation and maintenance of emission capture and control equipment
which achieves an overall reduction in uncontrolled VOM emissions of at
least 81%, an independent requirement for coating lines (not applicable
in this case), or an alternative control plan which has been approved
by the IEPA and the USEPA.
The site-specific SIP revision submittal contains a study conducted
by Environmental Resources Management (ERM) which reviewed possible VOM
emission control strategies and associated costs for the Alumax
facility's hot and cold aluminum rolling mills. This study considered
five process modification and treatment technologies to demonstrate
RACT for the facility, including thermal incineration, oil absorption,
carbon adsorption, steam concentration, and rolling lubricant selection
with temperature control. Also considered was mill hooding, but hooding
is ineffectual without connection to an add-on control device. The
study found thermal incineration, oil absorption, carbon adsorption,
and steam concentration to be technically and economically infeasible
for the Alumax facility. Rolling lubricant selection with temperature
control, however, was found to be the most appropriate VOM control
method for the facility. The use of inherently low volatility rolling
oils as lubricants in the cold rolling mills, and oil and water
emulsions which maximizes water, instead of oil in lubricating the hot
rolling mills, could achieve lower VOM emissions in the Alumax
facility. Likewise, the study recommended temperature control of these
lubricants so that the vapor pressure exerted by the system does not
cause excessive VOM emission while maximizing the sensible heat
capacity of the system. The Board's adjusted standard reflects these
recommendations, by exempting the Alumax facility from the 81% control
requirement, and, instead, requiring that lubricant selection and
temperature control be used at the facility, along with requiring
certain monitoring, test methods, and recordkeeping/recording be
performed to demonstrate compliance. Based upon the ERM study, the
USEPA finds acceptable the justification for not requiring the use of
add-on control technology at the Alumax facility, and establishing for
the facility instead lubricant selection and temperature control as
RACT.
III. Analysis of Adjusted Standard
The adjusted standard's requirements for the Alumax facility are as
follows:
A. Hot Rolling Mill
The Alumax Morris facility's hot rolling mill must use an oil/water
emulsion rolling lubricant not to exceed 10%, by weight, of petroleum-
based oil and additives, and a maximum inlet sump rolling lubricant
temperature of 200 Fahrenheit (F). Compliance shall be demonstrated by
a monthly analysis of a grab rolling lubricant sample from the hot mill
and continuous temperature reading in the inlet sump feeding the mill.
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
The Morris facility's cold rolling mills must use low vapor
pressure lubricants composed of highly paraffinic oils and additives
(rolling lubricant) and a maximum inlet sump rolling lubricant
temperature of 150 degrees F. Stoddard solvent shall be the only
solvent additive used in rolling lubricants. Compliance shall be
demonstrated by a monthly analysis of a grab rolling lubricant sample
from each operating mill and continuous temperature readings of the
rolling lubricant temperature of the inlet sump feeding each mill.
All incoming shipments of the rolling lubricants for the cold mills
must be sampled and each sample must undergo a distillation range test
using ASTM method D86-90, ``Standard Test Method for Distillation of
Petroleum Products''. The initial and final boiling points of oils must
be between 440 and 650 degrees F. Also, for the cold mills, samples of
the as-applied rolling lubricants must be taken on a monthly basis to
verify, using ASTM D86-90, that the initial boiling point is greater
than 310 degrees F and no more than 10.0 % of as-applied rolling
lubricants shall boil off between the initial boiling point and 440
degrees F.
In addition, Stoddard solvent shall be the only solvent additive
used in the cold mill rolling lubricants. All incoming shipments of
Stoddard solvent must be sampled like the rolling lubricants using ASTM
method D86-90, and the initial and final boiling points of the solvent
additive must be between 310 and 390 degrees F.
C. Coolant Temperature Monitoring
Coolant temperature shall be monitored at all of the rolling mills
by use of thermocouple probes and computer data system which
automatically record values at least every five (5) minutes.
[[Page 3577]]
D. Recordkeeping and Reporting
All percent oil test results for hot mill lubricants, all
distillation test results for cold mill lubricants and Stoddard
solvent, all coolant temperature recording data, and all oil/water
emulsion formulations with identification of all oils and solvent
additives shall be kept on file, and be available for inspection by the
Agency (IEPA or USEPA), for three years.
If Alumax deviates from these control requirements 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. Unless more frequent or
detailed reporting is required under other provisions, including permit
conditions, such written report shall be submitted, for each calendar
year, by February 15 of the following year.
E. Compliance Date
Alumax shall comply with the above requirements listed above by
October 31, 1994.
II. Final Rulemaking Action
The USEPA has undertaken its analysis of the site-specific SIP
revision request based on a review of the materials presented by Alumax
and IEPA, and has determined that the VOM control requirements
specified for the Alumax Morris facility's aluminum rolling mills does
constitute RACT and are fully enforceable. On this basis, the site-
specific SIP revision request for Alumax's Morris facility is
approvable.
This adjusted standard, AS 92-13, was adopted on September 1, 1994,
and became effective on September 1, 1994, and replaces the
requirements of section 218.986 of the 35 IAC as they apply to Alumax's
Morris, Illinois hot and cold rolling operations.
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. However, USEPA is publishing a separate document
in this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments are filed. The ``direct final'' approval shall be effective on
April 1, 1996, unless USEPA receives adverse or critical comments by
March 4, 1996. If USEPA receives comments adverse to or critical of the
approval discussed above, USEPA will withdraw this approval before its
effective date by publishing a subsequent Federal Register document
which withdraws this final action. All public comments received will
then be addressed in a subsequent rulemaking document. Please be aware
that USEPA will institute another comment period on this action only if
warranted by significant revisions to the rulemaking based on any
comments received in response to today's action. Any parties interested
in commenting on this action should do so at this time. If no such
comments are received, USEPA hereby advises the public that this action
will be effective on April 1, 1996.
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 Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting, allowing,
or establishing a precedent for any future request for revision to any
SIP. USEPA shall consider each request for revision to the SIP in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') (signed into law on March 22, 1995) requires that the
USEPA prepare a budgetary impact statement before promulgating a rule
that includes a Federal mandate that may result in expenditure by
State, local, and tribal governments, in aggregate, or by the private
sector, of $100 million or more in any one year. Section 203 requires
the USEPA to establish a plan for obtaining input from and informing,
educating, and advising any small governments that may be significantly
or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the USEPA must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The USEPA must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the USEPA explains why this
alternative is not selected or the selection of this alternative is
inconsistent with law.
Because this final rule is estimated to result in the expenditure
by State, local, and tribal governments or the private sector of less
then $100 million in any one year, the USEPA has not prepared a
budgetary impact statement or specifically addressed the selection of
the least costly, most cost-effective, or least burdensome alternative.
Because small governments will not be significantly or uniquely
affected by this rule, the USEPA is not required to develop a plan with
regard to small governments. This rule only approves the incorporation
of existing state rules into the SIP. It imposes no additional
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 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
Clean Air 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 any 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 the
State action. The Clean Air Act forbids USEPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. USEPA., 427 U.S.
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 1, 1996. 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, Incorporation by
reference.
[[Page 3578]]
Dated: October 27, 1995.
Valdas V. Adamkus,
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)(118) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(118) On October 24, 1994, the State submitted a site-specific
revision to the State Implementation Plan establishing lubricant
selection and temperature control requirements for Alumax Incorporated,
Morris, Illinois facility's hot and cold aluminum rolling mills, as
part of the Ozone Control Plan for the Chicago area.
(i) Incorporation by reference. September 1, 1994, Opinion and
Order of the Illinois Pollution Control Board AS 92-13, effective
September 1, 1994.
[FR Doc. 96-1935 Filed 1-31-96; 8:45 am]
BILLING CODE 6560-50-P
