[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

[[Page 2917]]

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