Approval and Promulgation of Implementation Plans; Illinois

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]

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