[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