ILLINOIS POLLUTION CONTROL BOARD
December 7,
1995
IN THE MATTER OF:
)
JOINT PETITION OF OUTBOARD
)
AS 94-3
MARINE CORPORATION
AND
THE
)
(Adjusted Standard
-
Air)
ENVIRONMENTAL PROTECTION
)
AGENCY FOR AN ADJUSTED
)
STANDARD FROM 35 ILL. ADM.
)
CODE PART 218 SUBPART TT
)
MARYBETH
FLOWERS APPEARED ON BEHALF OF OUTBOARD MARINE
CORPORATION;
KYLE NASH DAVIS, ASSISTANT COUNSEL, APPEARED ON BEHALF OF THE
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
OPINION AND ORDER OF THE BOARD
(by M. McFawn):
This matter is before the Board on a joint petition for
adjusted standard filed by Outboard Marine Corporation
(OMC)
and
the Illinois Environmental Protection Agency (Agency).
The co-
petitioners seek an adjusted standard from the requirements of 35
Ill.
Adm. Code Part 218 Subpart TT as they apply to OMC’s
aluminum die casting operations at its facility in Waukegan,
Illinois.
The Board’s responsibility in this matter arises from the
Environmental Protection Act
(Act)
(415 ILCS 5/1 et
seq.).
The
Board is charged therein to “determine,
define and implement the
environmental control standards applicable in the State of
Illinois” (Section 5(b)
of the Act)
and to “grant
.
.
.
an
adjusted standard for persons who can justify such an adjustment”
(Section 28.1(a)
of the Act).
More generally, the Board’s
responsibility in this matter is based on the system of checks
and balances integral to Illinois environmental governance: the
Board is charged with the rulemaking and principal adjudicatory
functions,
and the Agency
is responsible for carrying out the
principal administrative duties.
Based upon the record before it and upon review of the
factors involved in the consideration of adjusted standards, the
Board finds that petitioners have demonstrated that grant of an
adjusted standard is warranted.
The adjusted standard
accordingly will be granted.
PROCEDURAL HISTORY
ONC filed its initial adjusted standard petition on February
14,
1994.
After additional negotiations between the parties, OMC
filed an amended petition on February 14,
1995.
On March 16,
1995, the Agency filed a motion to join the amended petition
subject to certain conditions, together with proposed language
2
for a Board order.
The Agency’s joining as a co—petitioner was
based on OMC’s agreement to delete certain language from the
amended petition exempting die cast emissions from the
calculation of MTE and PTE determinations as specified in 35
Ill.
Adm. Code 218.980(a)
and 218.980(b).
The Board granted the
Agency’s motion for co—petitioner status and amended the petition
to include the Agency’s proposed adjusted standard language on
April
6,
1995.
A hearing was held in this matter before Board Hearing
Officer Allen E. Schoenberger on April 18,
1995, which was
continued on the record to June
1,
1995.
At hearing, OMC
presented the testimony of Lawrence E. Keller, the Technical
Services Manager and Associate Director of Corporate
Environmental Affairs for ONC.
At the June 1,
1995 hearing, Mr.
Keller expressed OMC’s agreement with the Agency’s proposed
changes to the adjusted standard.
(June 1,
1995 Tr.
at
8.)
The
parties did not file post-hearing briefs.
ADJUSTED STANDARD PROCEDURE
Section 28.1 of the Act provides that a petitioner may
request, and the Board may adopt, an environmental standard that
is:
(a) applicable solely to the petitioner,
and
(b) different
from the standard that would otherwise apply to petitioner
pursuant to a rule of general applicability.
Such a standard is
called an adjusted standard.
The general procedures that govern
an adjusted standard proceeding are found at Section 28.1 of the
Act and within the Board’s procedural rules at 35 Ill. Adm. Code
Part 106.
Where, as here,
the regulation of general applicability does
not specify a level of justification required for a petitioner to
qualify for an adjusted standard, the Act at Section 28.1(c)
specifies four demonstrations that must be made by a successful
petitioner:
1)
Factors relating to that petitioner are substantially
and significantly different from the factors relied
upon by the Board in adopting the general regulation
applicable to that petitioner;
2)
The existence of those factors justifies an adjusted
standard;
3)
The requested standard will not result in environmental
or health effects substantially and significantly more
adverse than the effects considered by the Board in
adopting the rule of general applicability; and
4)
The adjusted standard is consistent with any applicable
federal law.
3
BACKGROUND
OMC is seeking an adjusted standard for its facility in
Waukegan, Lake County,
Illinois.
This facility manufactures
component parts for OMC’s Marine Power Products Group (MPPG).
The largest operation at this facility is aluminum die casting of
component parts.
The manufactured parts are then assembled at
the Waukegan facility and other locations.
The die cast facility was constructed in 1975, with a design
capacity of 129 die cast machines.
The facility is approximately
375 feet wide,
600 feet long, and 40 feet high, with a total
volume of approximately 9 million cubic feet.
The facility
currently contains 68 die cast machines, which are permitted
under Agency Operating Permit No.
75090033.
Adjacent to the die
casting facility is a smelter building, which contains four gas—
fired reverberatory aluminum melting furnaces.
The smelter
building is approximately 380 feet long and 170 feet wide.
OMC’s Die Casting Process.
OMC receives aluminum alloys from outside suppliers in both
solid and molten form.
The aluminum is stored in molten form in
the four reverberatory furnaces.
The molten aluminum is
transferred in ladles to smaller, gas—fired “holding furnaces” in
the die cast building, each of which is adjacent to a die casting
machine.
(Am. Pet. at 4.)
In the die casting process, the molten aluminum is forced
into a die mold under high pressure.
A die mold consists of two
halves, with additional inserts and cores.
The mold is locked in
a horizontal press, and the two die faces are brought together
and properly aligned under high pressure.
Molten aluminum is
then injected into the die mold at high speed under high
pressure.
The molten aluminum completely fills the complex die
cavity, and the metal is held in the die mold until it solidifies
into a single integrated structure.
The die is then opened and
the casting is removed.
Excess metal is trimmed from the
casting,
and the castings are machined and finished in other
parts of the facility.
Scrap parts and the metal trimmed from
castings are recycled.
OMC produces more than 50 different parts at the facility.
It currently operates sixty—eight
(68) die cast machines,
including fifty—two
(52) small machines
(600—900 tons),
seven
(7)
medium machines
(1,200 tons), and nine
(9)
large machines (1,600
tons).
(Am.
Pet. at 4.)
Generally, twenty to thirty
(20-3 0) of
these machines are operated at a time, depending on the
production schedule, and the number of machines undergoing
maintenance or die changeouts.
ONC typically operates its
facility
24 hours per day,
6 days per week,
50 weeks per year.
4
The maximum practical capacity of the facility is 56 million
pounds of metal delivered to the die cast floor each year.
Each part OMC produces at its facility requires its own
unique die mold.
OMC operates its die casting operations on a
“just-in—time” basis to supply parts to other OMC facilities on
an as—needed basis.
This operational strategy requires
a greater
number of die changes than is found at facilities which produce
fewer types of parts.
(Am. Pet. at 5.)
The finished castings must be completely water impermeable,
corrosion resistant, and paintable.
Co—petitioners state that
these requirements place significant constraints on the types
of
mold release agents and other raw materials used in its process.
Any raw material changes must be thoroughly tested for impacts to
the downstream manufacturing process and the products end use.
(Am.
Pet. at 5.)
Ventilation System.
The die cast building is ventilated using
6 natural gas-
fired duplex air make up units and 15 centrifugal roof mounted
exhaust blowers.
The ventilation system was designed to achieve
approximately 24 air changes per hour.
Each air make up unit has
a maximum firing rate of 19.3 MMBtu/hour.
OMC states that,
in
typical cold weather, three or four of these units would be fired
at any one time.
Each exhaust blower has a rated capacity of 165,000 cubic
feet per minute
(cfm),
for a total exhaust capacity of
approximately 2.3 million cfm.
Typically, eight or nine of these
blowers are operating at one time.
Die casting process emissions
and combustion exhaust from the air supply units and holding
furnaces are emitted internally to the building and exhausted
therefrom by the roof mounted blowers.
(Am. Pet.
at 10.)
OMC states that it did not design the die cast building to
include individual machine exhaust hoods based on its prior
experience with these hoods in other facilities.
OMC states that
individual machine hoods would interfere with the die casting
process, since they would obstruct the dies from being vertically
hoisted from the die cast machines, and would have to be
physically moved for each die changeout.
ONC states that,
because it conducts an average of 40 die changes per week,
and
since each die changeout currently takes approximately 7.5 hours,
this would be a major cost factor for its operation.
VOM Emissions Sources.
There are several potential sources of volatile organic
material
(VON) emissions in ONC’s die—casting process.
These
include die lubricants, anti-solder pastes, and plunger
5
lubricants.
Furthermore, there are several additional potential
sources of VON in OMC’s process which co—petitioners assert do
not contribute significantly to VOM emissions, and which are
therefore not covered by the proposed adjusted standard.
a)
Die Lubricants
OMC states that die lubricants are essential to the die
casting process.
These lubricants are applied to the die mold in
order to allow the finished part to be released from the mold
after the molten metal has solidified.
Die lubricants are
applied to the open surface of each half of the die mold prior to
the casting cycle.
The lubricants create a thin oil film between
the die mold and the casting, which functions as the mold release
agent.
The lubricant also provides surficial cooling of the die
mold.
(Am.
Pet.
at 6.)
OMC applies die lubricants both manually
and through the use of robot—controlled spraying systems.
ONC states that die lubricants have traditionally been
considered the main potential source of VON emissions from the
die casting process, due to the potential for evaporation and/or
decomposition of die spray components upon contact with the hot
die surface.
OMC uses both solvent—dispersed and water soluble
die lubricants.
Solvent-dispersed die lubricants consist of heavy oils that
must be thinned with a solvent, such as mineral spirits, prior to
application.
(Am. Pet. at 6.)
Approximately 5 gallons of
mineral spirits must be used for every gallon of “neat” die
lubricant.
(Am. Pet.
at 6-7.)
The solvent decreases the
viscosity of the lubricant so that the heavy oil can be evenly
applied to the die through spraying.
The solvents volatilize
from the hot die surface and leave the less volatile lubricating
oils behind.
OMC must then apply solvent degreasers to the
finished castings to remove residual oils prior to painting or
applying other surface coatings.
For purposes of the order
granting the adjusted standard in this matter,
a “solvent-
dispersed die lubricant”
is any die lubricant that contains more
than 24 percent organic content, by weight as applied, or
contains more than 1.8 pounds of organics per gallon as applied.
Water soluble die lubricants consist of water—in—oil
emulsions that require no solvent thinning.
(Am. Pet. at 7.)
Additional water is added to the neat solution in a ratio which
varies
from 30:1 to 100:1, depending on the particular part being
cast.
Thus, the co—petitioners have agreed that a “water soluble
die lubricant”
is that lubricant applied in an aqueous emulsion
and contains less than 24 percent organic content, by weight,
as
applied.
Any die lubricant that contains more than 24 percent
organic content by weight,
as applied,
is not a water soluble die
lubricant even if the die lubricant is soluble in water.
Upon
application to the hot die surface, the water evaporates and
6
leaves the less volatile lubricating oils behind.
(Am. Pet. at
7.)
OMC has found it unnecessary to use solvent degreasers when
cleaning castings produced by using water soluble lubricants.
Since 1990, OMC has used water soluble lubricants when producing
most parts.
However, OMC still maintains a small stock of
solvent-dispersed lubricants for emergency situations.
OMC states that emissions from the die lubricants occur when
the die lubricant is applied to the hot die surface, which is
approximately
5000
F.
(Am. Pet. at 11.)
While the die lubricant
is designed to stay on the die,
a certain amount of the die
lubricant will be volatilized or will undergo organic
decomposition.
Some of the lubricant will also end up on the
finished casting.
Additionally,
a portion of the die lubricant will not
contact the die when sprayed,
and will be captured as overspray.
The overspray is captured in a sump surrounding each die cast
machine.
The sumps are maintained at ambient temperature,
and
therefore emissions from overspray are expected to be small.
(Am. Pet. at 11.)
b)
Plunger Lubricants
Plunger lubricants are applied to the plunger or “piston”
that forces the molten aluminum into the die mold.
(Am. Pet. at
8.)
Depending on the machine size, approximately 5-10 grams of
lubricant are applied to the plunger tip before each die cast
shot cycle begins.
Typically, more than 50 percent of this
material drips off the plunger and is captured in drip pans or
the sump surrounding each machine for recycling or disposal.
The
remainder ends up on the trimmed portion of the casting,
is
burned as it contacts the hot aluminum in the shot sleeve,
or
is
volatilized.
ONC’s plunger lubricants are viscous,
low volatility
materials that contain severely hydrotreated petroleum naphtha
and petroleum sulfonates.
(Am. Pet. at 8.)
The vapor pressure
of the plunger lubricants is less than 0.1 psia at 70°F.
c)
Anti-Solder Pastes
Soldering or sticking is
a condition where a casting will
not release from the die mold.
This generally occurs with small,
detailed castings.
In order to prevent this problem, OMC applies
anti-solder pastes to problem areas of die molds where soldering
can occur.
The anti—solder past is applied manually with a small
brush by the machine operator, and acts as a supplemental mold
release agent.
Because anti—solder pastes are applied manually,
there
is no overspray.
(Am. Pet. at 12.)
Anti-solder pastes
have the same potential fate as die lubricants, including
7
decomposition or combustion, transfer to the finished casting, or
volatilization.
OMC’s anti-solder pastes are gray or black semi—solids that
contain low volatility hydrocarbons, petroleum sulfonates,
graphite, and sulfuric acid.
(Am. Pet. at 8.)
These anti-solder
pastes have a vapor pressure of less than 0.1 psia at 70°F.
ONC
has historically not considered anti—solder paste consumption
when estimating die casting process emissions, due to the small
amount of anti—solder pastes used in the process.
(Am. Pet.
at
12.)
However,
for purposes of the adjusted standard petition,
ONC has assumed a worst case scenario of 80 percent emissions of
the anti-solder paste as VON.
(km. Pet. at 12.)
d)
Other Potential VON Sources
There are several other sources of potential VON emissions
at OMC’s Waukegan facility, which are not covered by OMC’s
proposed adjusted standard.
For the reasons set forth below,
co—
petitioners do not believe that these constitute significant
sources of regulated VON emissions.
First, several pieces of equipment used in the die-casting
process are fired by natural gas.
These include the small
aluminum holding furnaces associated with each die—casting
machine, the air make—up units which are used to supply thermally
conditioned air to the factory floor, and a die cleaning tank.
However, the co-petitioners state that the natural gas combustion
product emissions are exempt from the control requirements of
Subpart TT.
(Am.
Pet.
at
10..)
Second, because hydrogen gas readily dissolves
in molten
aluminum at temperatures above 1350°F and may cause porosity in
finished parts, OMC adds inert degassing agents,
such as
nitrogen, to the molten aluminum, which reduce the amount of
hydrogen absorption in the holding furnaces.
However,
ONC’s
degassing agents do not contain organic materials,
and co—
petitioners assert that they therefore do not contribute to VON
emissions.
Third, during the casting process, OMC uses hydraulic
pressure to clamp the two halves of a die mold together,
to
inject the molten aluminum into the die molds, and to control the
insertions of moveable cores into the die molds.
ONC’s hydraulic
system uses a low vapor pressure,
fire resistant organic
hydraulic fluid that recirculates within each die cast machine’s
hydraulic system.
(Am. Pet. at 9.)
The hydraulic system
generally operates as a closed system; however,
due to the high
pressures exerted within the hydraulic system, hydraulic fluid
can at times be exuded.
The co—petitioners assert that these
8
fluids do not contribute significantly to the total VON emissions
from OMC’s die casting process.
(Am. Pet. at 9.)
Fourth,
in order to maintain proper die temperatures during
and between operational cycles, ONC circulates heat transfer
fluids in a closed loop system.
This system contains a low vapor
pressure organic heat transfer fluid.
Due to the closed nature
of this system, co-petitioners assert that these fluids do not
contribute to VON emissions from the die casting process.
RULE OF GENERAL APPLICABILITY
ONC seeks an adjusted standard from the requirements of
35
Ill. Adm. Code Part 218 Subpart TT.
The applicable portions of
Section 218.986, Control Requirements,
of this Subpart requires
compliance through the use of one of the following methods:
a)
Emission capture and control equipment which
achieve an overall reduction in uncontrolled VON
emissions of at least 81 percent from each
emission unit,
or
.
b)
For coating lines, the daily-weighted average VON
content shall not exceed 0.42 kg VON/i
(3.5 lbs.
VON/gal.) of coating (minus water and any
compounds which are specifically exempted from the
definitions of VON)
as applied during any day
or
c)
An equivalent alternative control plan which has
been approved by the Agency and USEPA in a
federally enforceable permit or as a SIP revision.
(35 Ill. Adm. Code 218.986.)
COMPLIANCE ALTERNATIVES
ONC states that, after researching practices in the
industry,
including review of USEPA’s BACT/LAER Clearinghouse
database,
it is not aware of any operating die cast facilities
with VON emission control systems that achieve an 81 percent
overall reduction in VOM emissions.
OMC states that the only
end-of-stack control technology it identified in the industry is
multi—stage physical filtration, which
is being operated at
several relatively new facilities.
(Am.
Pet.
at 16.)
This
treatment technology filters out oil mist generated by the die
casting process.
However, this process is not intended to reduce
VON emissions,
since vapor-phase emissions pass through the
filtration media.
(Am.
Pet. at 16.)
9
Add-On Control Technolociies.
OMC asserts that the feasibility of installing add-on
control technology at the Waukegan facility is severely limited
by the large number of die cast machines,
large volumes of air,
and low emissions concentrations associated with its die casting
process.
These factors limit the effectiveness of any add—on
controls which ONC could conceivably install.
However, ONC
performed cost evaluations for the following control
technologies:
1)
multi-stage filtration;
2)
carbon adsorption;
3)
catalytic incineration; and
4)
thermal incineration.
Assuming that these technologies could achieve the required
81 percent overall reduction,
co—petitioners assert that their
use would still not be economically reasonable.
Co—petitioners
assert that the capital investment for the simplest of these
technologies, multi-stage filtration, would be approximately $4
million.
The total annualized cost for any of these technologies
would be in excess of $2 million.
(Am.
Pet. at 17.)
In analyzing the cost—effectiveness of these add—on
technologies, co-petitioners assert that application of multi-
stage filtration,
the simplest control technology, would cost in
excess of $74,000 per ton of VON reduced.
The cost of the other
technologies would be even greater.
Petitioners assert that
these values are clearly beyond the cost—effectiveness range
associated with RACT.
(Am.
Pet.
at
17.)
Use of Low Vapor—Pressure Coatings.
ONC has also investigated the option of complying with the
requirements of
35 Ill.
Adm. Code 218.986(b).
This regulation
allows the use of “coatings” which do not exceed 3.5 lbs.
VON/gal., minus water.
Coatings are defined at 35 Ill. Adm. Code
211.1190(b), which provides:
A coating includes a material applied onto or
impregnated into a substrate for decorative,
protective,
or functional purposes.
Such materials
shall include, but are not limited to paints,
varnishes,
adhesives, diluents, and thinners.
The co-petitioners do not believe that the lubricants used
by ONC in its die-casting process meet the definition of
“coatings”,
since the lubricants provide only a temporary barrier
10
between surfaces, and do not necessarily contain solids.
(Am.
Pet. at 18.)
However, OMC investigated the use of die
lubricants, plunger lubricants, and anti-solder pastes which meet
the 3.5 lbs. VON/gal., minus water,
requirement.
Co-petitioners
assert that there are no technically acceptable substitute
materials available which meet this requirement.
(Am.
Pet. at
18.)
OMC currently uses water soluble die lubricants in its
production processes.
These lubricants, as—applied,
typically
contain less than 0.1 lb. VON/gal.
However, when the water is
removed, only liquid organics remain, which have a density of 7.5
lbs. VOM/gal.
These lubricants therefore fail to satisfy the 3.5
lbs. VOM/gal.
criterion.
OMC further asserts that it is not aware of any commercially
available die lubricants technically suitable for use at its
Waukegan facility which satisfy the 3.5 VON/gal., minus water,
criteria.
OMC investigated the use of a water/graphite emulsion
which would satisfy these criteria, but found that it was not
suitable for its process, due to the generation of dust and the
effect of graphite residues on downstream surface finishing.
(Am. Pet. at 19.)
OMC also investigated alternative die
lubricants,
including inorganic powder die lubricants and
silicone-based die lubricants,
but found them to be commercially
unavailable and unacceptable for its process, respectively.
ONC currently uses plunger lubricants that are 100 percent
organic, and anti-solder pastes with a high organic content.
ONC
states that it
is not aware of acceptable, commercially available
alternatives which meet the 3.5 lbs. VON/gal. criteria for either
of these materials.
(Am. Pet. at 20.)
JUSTIFICATION OF ADJUSTED STANDARD
The co—petitioners assert that an adjusted standard is
justified in this matter because there is no technology available
for satisfying the 81 percent overall reductions in VON
emissions.
Co—petitioners assert that emissions control of this
type have not been demonstrated within the die casting industry.
Furthermore, co—petitioners assert that, given the low
concentrations of VON generated by the die casting process,
it is
uncertain whether an 81 percent reduction is technologically
achievable.
Finally, co-petitioners assert that even if
available control technologies could achieve an 81 percent
overall reduction in VON emissions, they would not be
economically reasonable for ONC’s facility.
Co-petitioners further state that, even if applicable to its
processes, the use of lubricants which meet the 3.5 lbs. VON/gal.
criteria set forth in 35 Ill. Adm. Code 218.986(b)
does not
represent a viable compliance option.
Co—petitioners assert that
11
the “minus water” language excludes the use of materials such as
water soluble die lubricants.
Furthermore, co—petitioners are
not aware of any alternative materials which are acceptable for
OMC’s process, and which meet the 3.5 lbs. VOM/gal. criteria.
PROPOSED
ADJUSTED
STANDARD
The
Agency
submitted
proposed
language
for
the
requested
adjusted
standard
on
March
16,
1995.
OMC expressed its agreement
to the proposed language at the June 1,
1995 hearing.
(June
1,
1995 Tr. at 8.)
The proposed language would allow OMC two
alternative control strategies:
1) use of water soluble die
lubricants and low vapor pressure plunger lubricants and anti—
solder pastes; or
2) installation of emission capture and control
equipment which achieves at least an 81 percent overall reduction
in uncontrolled VON emissions from each emission unit.
The
proposed adjusted standard also includes definitions of the terms
“anti—solder paste”,
“marine engine die casting operation”,
“plunger lubricant”, “solvent-dispersed die lubricant”, and
“water soluble die lubricant”.
However, we believe that these
terms have been adequately defined within this opinion, and that
it is unnecessary to include the proposed definitions within the
terms of the order.
Under the first alternative, OMC would be required to use
water soluble die lubricants and low vapor plunger lubricants and
anti—solder pastes.
OMC would be allowed to use a
de minimis
amount of solvent—dispersed die lubricants in emergency
situations,
and in order to meet short—term needs.
However, OMC
would not be permitted to exceed 119 gallons of solvent-dispersed
die lubricants per year.
ONC would also be required to use
plunger lubricants and anti-solder pastes with organic materials
that have a vapor pressure less than 0.1 psia at 21°C.
This
alternative would allow OMC to continue its current practices in
its die casting operations.
The second alternative, installation of emission capture and
control equipment,
is
identical to the capture and control
requirements under 35 Ill.
Adm. Code 218.986(a).
However, the
co—petitioners have demonstrated that such equipment is not
reasonably available at this time.
Therefore, this alternative
is not included in the adjusted standard.
Should such technology
become available and feasible at a future date, OMC may,
of
course, choose to comply with 35 Ill. Adm.
Code 218.986(a)
and
attendant regulations.
Nothing in this opinion and order
precludes it from doing so at a future date.
Furthermore, the adjusted standard appears to have been
drafted so as to be allow it to be transferred to other
potential,
future owners of the facility.
However, Section 28.1
of the Act provides that an adjusted standard is applicable
12
solely to the petitioner.
(Section 28.1 of the Act.)
Therefore,
the adjusted standard language has been modified in the attached
order to clarify that it is applicable solely to OMC.
HEALTH AND ENVIRONMENTAL EFFECTS
OMC’s Waukegan facility is located
in the Chicago severe
ozone non—attainment area.
ONC states that the maximum VON
emissions under the proposed adjusted standard are approximately
34 TPY,
or 0.1 TPD.
ONC states that this represents
approximately 0.03 percent of the Chicago Area Ozone Season
Weekday Point Source Inventory emissions, and less than 0.01
percent of the total VON inventory emissions.
(Am. Pet. at 25.)
Furthermore, ONC points out that,
over the last several years,
its actual emissions have been only 40—50 percent of the maximum
emissions.
OMC therefore asserts that it
is a minor contributor
to the Chicago non—attainment area’s emission inventory.
(Am.
Pet. at 25.)
ONC asserts that the proposed adjusted standard would limit
the maximum emissions from solvent—dispersed lubricants, the
largest contributor of VON emissions from its die-casting
process, to less than 1.3 TPY or .0036 TPD.
(Am.
Pet.
at 25.)
OMC also asserts that the operating flexibility created by
allowing it to use a small amount of solvent—dispersed die
lubricants provides a necessary degree of operating flexibility
to address short—term production or quality concerns without
compromising the objectives of Subpart TT.
(Am. Pet. at 25.)
ONC also asserts that requiring it to use add—on controls
tc
comply with the 81 percent capture efficiency requirement would
generate
a new solid waste stream.
OMC asserts that the die
lubricant overspray which is now collected as a liquid in sumps
beneath each die cast machine, would be collected by an air pre—
filtration unit associated with capture hooding at each machine.
ONC asserts that this would generate a solid waste stream of
spent filters which would significantly increase the volume and
weight of its waste stream.
(Am.
Pet. at 26.)
CONSISTENCY WITH FEDERAL
LAW
Petitioners assert that the proposed adjusted standard is
consistent with applicable federal law.
Petitioners assert that
the petition demonstrates that the use of water soluble die
lubricants,
low vapor pressure plunger lubricants, and low vapor
pressure anti—solder pastes are the only technically feasible,
economically reasonable control technology, and constitute PACT
for ONC’s Waukegan facility.
(Am. Pet.
at 26.)
13
CONCLUSION
The Board finds that co-petitioners have demonstrated that
an adjusted standard is appropriate for ONC’s aluminum die
casting operations at its facility in Waukegan,
Illinois.
Co-
petitioners have demonstrated that there is no other
technologically and economically feasible add-on control
technology which it can employ to achieve the 81 percent overall
reductions required by the regulation of general applicability.
Co—petitioners have also demonstrated that there are no
acceptable low VON lubricants available for its process.
Furthermore, co—petitioners have demonstrated that the proposed
adjusted standard will not contribute significantly to VOM
emissions in the Chicago non—attainment area, and will therefore
not significantly impact human health or the environment, and
that it can be granted consistent with federal law.
We find that the lack of available control technologies for
OMC’s process and the unavailability of acceptable low VOM
solvents constitute factors which makes petitioner’s situation
substantially and significantly different from the factors relied
upon by the Board
in adopting the regulation of general
applicability.
The proposed adjusted standard is therefore
granted.
This opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
Petitioner Outboard Marine Company
(OMC)
is hereby granted
an adjusted standard from the requirements of 35 Ill. Adm. Code
Part 218, Subpart TT:
Other Emission Sources, most specifically
Sections 218.980(b),
218.986,
218.987,
218.988, and Subpart UU,
Recordkeeping and Reporting for Non-CTG Sources,
as they apply to
emissions of volatile organic material
(VON)
from its marine
engine die casting operation at its facility located at 200 Sea
Horse Drive, Waukegan, Lake County,
Illinois, subject to the
following requirements:
A.
Control Requirements
ONC shall use die lubricants, plunger lubricants,
and anti-
solder pastes which meet the following requirements:
1)
Die lubricants shall be water soluble;
however,
a de
minimis
amount of solvent—dispersed die lubricants
shall be allowed if total annual usage of the solvent—
dispersed die lubricant does not exceed 119 gal./yr.;
and
14
2)
Plunger lubricants and anti-solder pastes with organic
materials shall have vapor pressures less than 0.1 psia
at 21°C (70°F).
B.
Performance Testing
1)
Upon request by the Agency, OMC,
at its own expense,
shall conduct sampling and analysis to demonstrate
compliance with Section
(A).
2)
Sampling and analysis to demonstrate compliance with
Section
(A)
shall:
a)
For water soluble die lubricants,
be conducted in
accordance with the applicable test methods and
procedures specified in test method ASTM D4017-81
(1987),
as incorporated by reference in 35 Ill.
Adm. Code 2l8.l12(a)(13).
Organic material
content shall be considered to be all material not
identified as water pursuant to this test method.
b)
For plunger lubricants and anti—solder pastes, be
conducted in accordance with the applicable vapor
pressure test methods and procedures specified in
35 Ill. Adm. Code 218.110.
3)
Nothing in this order shall limit the authority of U.S.
EPA pursuant to the Clean Air Act,
as amended,to
require testing or shall affect the authority of U.S.
EPA under Section 114 of the Clean Air Act.
42 U.S.C.
7414
(1990).
C.
Recordkeeping and Reporting
ONC shall collect and record all of the following
information and shall retain such records at the source for the
most recent consecutive three—year period.
These records shall
be made available immediately to the Agency upon request.
ONC
shall:
1)
By a date consistent with Section D,
submit to the
Agency a certification that the emission unit will be
in compliance with the requirements of Section
(A)
of
this order.
Such certification shall include all
calculations and other supporting data,
including the
results of any sampling or analysis conducted pursuant
to Section
(B) to demonstrate that the emission unit
would be in compliance with the requirements of this
order.
15
2)
On and after a date consistent with Section
D, collect
and record all of the following information:
a)
For water soluble die lubricants,
daily records
shall be maintained evidencing the following:
i)
The name and manufacturer of each water
soluble die lubricant use at the source;
ii)
The organic content of each water soluble die
lubricant by weight,
as applied, and the
volume of each water soluble die lubricant
used; and
iii) A copy of the Material Safety Data Sheets for
each water soluble die lubricant used in the
marine engine die casting operation.
b)
For plunger lubricants and anti—solder paste,
monthly records shall be maintained evidencing the
following:
i)
The name and manufacturer of each plunger
lubricant and anti—solder paste used at the
source on a monthly basis;
ii)
Vapor pressure of each plunger lubricant and
anti—solder paste used at the source; and
iii)
Material Safety Data Sheets for each plunger
lubricant and anti—solder paste used at the
source.
The Material Safety Data Sheets
shall include the vapor pressure of each
material.
c)
For solvent-dispersed die lubricants, daily
records shall be maintained evidencing the
following:
i)
The name and manufacturer of each solvent—
dispersed die lubricant used at the source;
and
ii)
Total volume of all solvent-dispersed die
lubricants and associated solvent thinner
used each day with the date,
time,
and amount
of solvent thinner added to the solvent-
dispersed die lubricant; and
iii) Annual usage of all solvent-dispersed die
lubricants and associated solvent thinner,
16
determined as a running total of usage data;
and
iv)
Material Safety Data Sheets for each solvent-
dispersed lubricant used at the source.
3)
On and after a date consistent with Section D, ONC
shall:
a)
Notify the Agency within 30 days after a violation
of the requirements of this order.
Such
notification shall include a copy of any records
of such violation; and
b)
Notify the Agency at least 30 calendar days before
changing the method of compliance with this Order.
4)
OMC shall notify the Agency in writing within 30 days
whenever the usage of solvent—dispersed die lubricants
exceeds 55 gallons within a calendar year.
The
notification shall include all applicable records
required to be maintained pursuant to subsections
(1)
of this Section, and shall include a plan to ensure
future compliance with the requirements of Section A.
D.
Compliance Date
ONC shall comply with the requirements of this order within
30 days of its effective date, or upon initial start—up,
whichever is later.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act
(415 ILCS
5/41
(1994)) provides for the appeal of final Board orders within
35 days of the date of service of this order.
The Rules of the
Supreme Court of Illinois establish filing requirements.
(See
also
35 Ill.
Adm. Code 101.246, “Motions for Reconsideration”.)
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby ce~.,fythat the ab9ve opinion and order was
adopted on the
7(~~~/
day of
~
,
1995, by a
voteof
~
A
Dorothy N.,.4unn, Clerk
Illinois &llution Control Board
