RECOMMENDATION

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERK’S

OFFICE

AUG

12003

IN THE MATTER OF:

PETITION OF ARGONNE NATIONAL

LABORTAORY FOR AN ADJUSTED

STANDARD FROM

35 ILL. ADM.

CODE 218.182

TO:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

William D. Luck

Assistant General Counsel

Argonne National Laboratory

9700 S. Cass Avenue

Argonne, Illinois 60439

)

STATE OF ILLINOIS

)

Pollution

Control Board

Bradley Halloran, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite

11-500

Chicago, Illinois 60601

Gloria Walach, Counsel

U.S. Department ofEnergy

9800 S. Cass Avenue

Argonne, Illinois 60439

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution

Control Board the RECOMMENDATION ofthe Illinois Environmental Protection Agency, a

copy ofwhich is herewith served upon you.

Date:

July31,

2003

1021 North Grand Avenue East

P.O.

Box

19276

Spring field, IL 62794-9276

217/782-5544

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

Assistant Counsel

Division ofLegal Counsel

THIS FILING IS SUBMITTED ON

RECYCLED PAPER

)

AS 03-4

)

(Air

Adjusted Standard)

)

NOTICE

RECEIVED

CLERKS

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

AUG

12003

THE MATTER OF:

)

STATE OF ILLINOIS

)

03-4

Pollution

Control Board

PETITION OF ARGONNE NATIONAL

)

(Air

—

Adjusted Standard)

LABORATORIES FOR AN ADJUSTED

)

STANDARD FROM 35 ILL.

)

ADM. CODE 218.182.

)

RECOMMENDATION

NOW COMES the Illinois Environmental Protection Agency

(“Illinois EPA”) by one of

its attorneys, Rachel L. Doctors, in response to the Petition for adjusted standard (“Petition”) of

the Argonne National Laboratories (“Argonne” or “Petitioner”) from 35

Iii. Adm. Code 218.182

and pursuant to 35 Ill. Adm. Code

104.416.

The Illinois EPA hereby recommends that the

Pollution Control Board (“Board”)

GRANT

Argonne’s request for an adjusted standard from

Ill. Adm.

Code 218.182 to exempt it from the applicable vapor pressure limits, as well as the

associated equipment requirements and record keeping requirements, for those cold cleaning

applications involving the preparation ofsample material and the associated apparatus used for

research and development testing and analysis activities at its facility located near Waterfall Glen

Forest Preserve, in DuPage County, Illinois.

INTRODUCTION

On April 22, 2003,

Argonne filed a petition with the Board for an adjusted

standard from 35

Ill. Adm.

Code 218.182 pursuant to 35 Ill. Adm. Code

104.402.

On May

15,

2003, the Board dismissed the adjusted standard petition for Petitioner’s failure to cause notice

ofthe petition in a newspaper of general circulation within 14 days after the

filing ofthe petition.

On May 19, 2003, Argonne refiled the petition for adjusted standard, also moving

the Board to incorporate the record ofthe previous petition (AS

03-3) into the record ofthe new

proceeding (AS

03-4).

Petitioner published notice in the required newspaper on May 24, 2003,

and filed a certificate of publication with the Board on June

10, 2003. The Board accepted this

Petition on June 19,2003.

The Illinois EPA is required to file its Recommendation with the Board within 45

days ofthe filing ofa petition for adjusted standard or within 30 days before a scheduled hearing

date, whichever occurs earlier.

35 Ill. Adm.

Code 104.416).

The Board granted the Illinois

EPA’s oral motion to extend the date for filing the Recommendation.

II.

BACKGROUND

Argonne is owned by the federal government and managed and operated by the

University ofChicago.

The facility is located on

1,500 acres in DuPage County,

Illinois.

It is

surrounded by the 2,240 acre Waterfall Glen Forest Preserve District.

It employs 3,200 people at

this site and

1,300

at a site near Idaho Falls, Idaho.

Argonne

is a research and development laboratory.

It does research in basic

energy and related sciences, and serves as an engineering center for the study ofnuclear and

nonnuclear energy sources.

Other areas ofresearch include biological, heavy-ion research into

the properties of super-heavy elements, coal chemistry studies, immobilization ofradioactive

waste products for safe

disposal, etc.

Environmental research includes biological activity of

mutagens and carcinogens, and newtechnologies for cleaning up environmental contaminants.

has also supported anti-terrorism efforts with the development ofbiological, chemical, and

nuclear detection systems.

(Pet. at 3).

•

—Argonne was issued a Clean Air Act Permit Program (CAAPP) permit on April 3,

2001.

The site’s major source of emissions is the Central Heating Plant that consists of five

boilers.

Other sources ofemissions include underground

gasoline storage tanks, an engine test

facility, bulking operation ofliquid wastes from research activities, and diesel generators.

Argonne has requested permanent relief in the form of an adjusted standard from

35 Ill.

Adm.

Code 218.182,

Cold Cleaning.

This regulation prohibits, after March

15,

2001, the

operation ofany cold cleaning degreaser with a solvent vapor pressure which exceeds 1.0 mm

Hg (0.019 psi) mçasured at 20CC (68~F).Petitioner seeks an adjusted standard to exempt it from

the applicable vapor pressure limits, as well as the associated equipment requirements and record

keeping requirements, for those cold cleaning applications involving the preparation ofsample

material and the associated apparatus used for research and development testing and analysis

activities.

To the best of Illinois EPA’s knowledge, there are no state air or land pollution

enforcement actions currently pending before the Board or any circuit court against the

Petitioner.

III.

RELIEF REQUESTED

Argonne has requested relief from the requirements

covering cold cleaning

degreasing operations contained in 35

Ill. Adm. Code 218.182.

Subsection (a) requires certain

operating procedures.

Subsection (b) requires that cold cleaning degreasers have a cover and

device for draining cleaned parts.

Subsection (c) requires that solvents used for cold cleaning

degreasing be limited to a solvent vapor pressure of 1.0 mm Hg (0.019 psi) measured at 20°C

(68°F).

Subsection (d) requires the operatorto keep records of purchases ofsolvent used for

cold cleaning degreasing activities.

Petitioner seeks an adjusted standard to

exempt it from the

applicable vapor pressure limits, as well as the associated equipment requirements and record

keeping requirements, for those cold cleaning applications involving the preparation ofsample

material and the associated apparatus used for research and development testing and

analysis

activities.

10.

Petitioner limits its request to those types cold cleaning applications involving the

preparation ofsample material and associated apparatus used forresearch and development

testing and analysis activities where:

1) the research and development-related cold cleaning

activities include, but are not limited to, washing and rinsing

slides, drying glassware, preparing

sample, cleaning specimens, gel stain/de-staining, membrane rinsing, and the cleaning of small

parts and equipment and the preparation ofsample materials and

associated apparatus fortesting;

and 2) solvents meeting the vapor pressure limit ofthe cited regulation cannot be used without

compromising the quality ofthe equipment being used or the validity ofresearch results.

IV.

LEVEL OF JUSTIFICATION

11.

The Illinois EPA agrees with the Petitioner that the regulation of general

applicability of35 Ill. Adm. Code

218.182 does not detail the specific level ofjustification or

other specific requirements necessary forthis type ofadjusted standard.

Since there is no

specific level ofjustification for an adjusted standard provided for in the regulation at issue in

this petition, the general level ofjustification provided in Section 28.1 of the Environmental

Protection Act (Act), 415 ILCS 5/28.1, is the standard ofreviewby which the Board is tojudge

the instant adjusted standard petition.

Section 28.1(c) ofthe Act provides the general level of

justification that the Board must find a petitioner to have met when granting an adjusted standard

petition.

Section 28.1(c) provides:

The Board may grant adjusted standards whenever the Board determines, upon adequate

•

proofby petitioner, that:

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;

the existence of those factorsjustifies an adjusted standard;

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

the adjusted standard

is consistent with any applicable federal law.

See also 35 Ill. Adm.

Code 104.426.

12.

As explained below, the Illinois EPA has concluded that Argonne has met the

required level ofjustification because it has demonstrated that there are factors that are

substantially and significantly different than those relied upon by the Board when it adopted its

regulation limiting the solvent vapor pressure used for cold cleaning degreasers, and that the

factors that Argonne believes entitle it to regulatory relief, indeed,justify an adjusted standard.

13.

Amendments to the Board’s Cold Cleaning Degreasing rule

(35

Ill. Adm.

Code

218.182) were proposed by the Illinois EPA to meet the requirement to reduce the emissions of

volatile organic material (VOM) by a further three percent ofthe

1990 baseline. (Section

182(b)(1) ofthe Clean Air Act (CAA)).

R97-24 (June

1997)).

These

1997 amendments

required the use ofsolvents with a lower vapor pressure of 1.0 mm Hg.

While the emissions

reductions resulting from the rule are required by the CAA, the method ofachieving the

reductions, control of emissions from degreasing activities,

is not.

14.

At that 1997

hearing, the Illinois EPA testified that the majority of cold cleaning

degreasing operations occurred at auto repair shops, car dealerships, machine shops, and metal

fabrication and~

manufacturing businesses.

It stated that there are between 50,000 and 60,000

cleaning units in the Chicago area. (R97-24 at 3-4).

While the Illinois EPA consultedwith the

above types of retail businesses it did not consult with Argonne, a research and development

laboratory.

FACTS PRESENTED IN THE PETITION

15.

The Illinois EPA has investigated the facts alleged in Argonne’s adjusted standard

petition.

The Illinois EPA has spoken with the Petitioner numerous times and inspected the

facility as part ofits

implementation ofthe CAAPP.

16.

With respect to cold cleaning at Argonne, the Petitioner alleges that many types of

activities are in compliance with the vapor pressure limit ofthe current regulation.

Petitioner

does have shops that perform conventional machining operations and they do use cleaning

solvents that meet the vapor limitations ofSection 218.1 82(b)(2), as well as the other control

requirements of Section 218.182.

17.

Petitioner alleges that some research activities involve

equipment that requires

sample surface areas completely free ofany residual contaminations.

For example, x-ray

equipment and analytical instruments used for atomic and sub-atomic researchnecessitate the

use ofseveral common laboratory solvents, such as methanol, ethanol, isopropanol, etc. (Pet.

4).

Also see Petitioner’s Ex.

2 that gives a summary, by building at the Chicago facility, ofthe

examples ofactivities and compounds that would be included in the adjusted standard.

18.

The rule contains two exemptions, one for wipe cleaning and another for cleaning

electronic components. Argonne alleges that in many ofthe above instances wipe cleaning

cannot be used because oflow levels ofparticulate residue.

It uses the examples of preparing

metal samples prior to analysis with electronic instrumentat-i&n and the use ofparticle

accelerators.

These instruments and associated vacuumpumping equipment must be cleaned so

that the vacuum state is maintained, any residual contamination can cause out-gassing that can

destroy vacuum conditions and affect the research results.

(Pet. at 4 &

5).

•

19.

Section 218.182(f) also exempts the cold cleaning ofelectronic components.

Petitioner states that while certain equipment are considered electronic components, this is not

true of all ofthe parts and equipment associated with testing and analysis, or ofthe preparation

ofsample materials.

(Pet. at

5).

VI.

EFFORTS NECESSARY TO ACHIEVE COMPLIANCE AND ALTERNATIVES

20.

In its adjusted standard petition, Argonne alleges that it has continued to search

for replacement solvents

and has not found a feasible alternative, regardless ofcost.

Petitioner

found that organic solvents that met the vapor pressure limit could leave residues that could

compromise the integrity ofthe research.

In other cases, it found that acetone, a solvent that is

not a VOM, was not feasible to use because ofits low flashpoint.

(Pet. at 6).

21.

With respect to the other requirements ofSection 218.182 oflabeling the

container used for cleaning or tracking solvent usage based on activity,

e.g. cleaning, Argonne

also states that there is no

feasible compliance alternative.

As beakers are used for short periods

oftime and then are used for other activities, a permanent label

would not serve a purpose.

With

respect to

the record keeping requirement in subsection (d), Argonne tracks chemical usage on a

facility wide basis, but believes that tracking all the uses ofa one liter bottle ofisopropanol

where only 600 milliliters are used annually in a given laboratory would be burdensome.

(Pet.

6).

22.

Argonne has

presented the information and documentation necessary for the

Illinois EPA to conclude that there are no technically feasible or economically reasonable

alternatives available, as required by Section 28.1 ofthe Act.

VII.

ENVIRONMENTAL IMPACT

23.

Argonne is

located on a

1,500 acre site in DuPage County, Illinois, approximately

27 miles Southwest ofdowntown Chicago and 24 miles due west ofLake Michigan.

DuPage

County is part ofthe six county Chicago metropolitan area.

The Chicago area is currently in

nonattainment ofthe 1-hour ozone National Ambient Air Quality Standards

(“NAAQS”).

It is in

attainment for the other criteria pollutants.

The Board’s Cold Cleaning rules are part ofIllinois’

State Implementation Plan (“SIP”) to achieve or maintain compliance with the NAAQS.

24.

The closest air monitoring station to Argonne’s Chicago is located in Lemont,

Illinois, which is located at 729

Houston and is approximately threemiles from Argonne.

The

last exceedance ofthe NAAQS ofthe 1-hour standard was in 1994. Argonne alleges that the

emissions associated with its cold cleaning activities would be minimal, no more than one ton

per year. (Pet.

at 7).

Based on the best available information for calendar year 2002, it estimates

that no more than 200 gallons (approximately 1500 pounds) of solvent were used for cleaning.

While usage will vary depending on the type of research conducts during a given year,

Pet.

Exhibit

shows that the estimated annual organic solvents used in cold cleaning operations has

remained fairly constant and minimal. (Pet. at 8).

25.

The Illinois EPA agrees with the Petitioner that the estimated additional one ton

per year of VOM emissions is minimal; and, hence, that the environmental impact from this

adjusted standard will be minimal.

In the

1999 Chicago nonattainment area inventory ofozOne

precursor emissions, the Illinois EPA estimated that approximately 660 tons ofVOM are emitted

in the Chicago area on a typical summer day.

An additional one ton per year (emphasis added) is

not expected to negatively affect the region’s

air quality.

VIII.

PETITIONER’S JUSTIFICATION OF PROPOSED ADJUSTED STANDARD

26.

As discussed above, the Board must review thejustification contained in the

petition for a proposed adjusted standardpursuant to 35 Ill. Adm. Code

104.426.

This section

restates the four factors specified in Section 28.1 ofthe Act, 415 ILCS

5/28.1, to be proven by

the Petitioner:

the Petitioner’s relevant factors are substantially

or significantly different from the

factors relied upon by the Board in adopting the general regulation applicable to the Petitioner;

these factors justify an adjusted standard; the requested adjusted standard will not result in

environmental or health effects substantially or significantly more adverse than the effects

considered by the Board in adopting the rule of general applicability; and, the requested adjusted

standard is consistent with any applicable federal law.

27.

As discussed above, cold cleaning in laboratory beakers as part ofbench scale

activities was not considered as part ofthe rule making.

Further, the adjusted standard will not

result in environmental or health effects substantially or significantly more adverseThan the

effects envisioned by the Board in

adopting the rule.

28.

The Illinois EPA believes that the Petitioner has made the required showing that

there are no

reasonable alternatives to using solvent with a higher vapor pressure for the cold

cleaning and preparation ofsample materials.

IX.

CONSISTENCY WITH FEDERAL LAW

29.

The cold cleaning rules are part ofthe Illinois Rate-of-Progress (ROP) SIP for

achieving the NAAQS for ozone. Note: Section

182 ofthe CAA requires States with severe

nonattainment areas to submit plans demonstrating ROP.

The granting ofthis Petition would be

consistent with the ROP SIP, as the expected emissions that would result are de minimus.

Ifthe

Board grants the adjusted standard, the Illinois EPA would be requiredto request a revision of

the

SIP.

30.

Granting this petition for adjusted standard is also

consistent with federal law.

While the cold cleaning rule is part ofthe SIP forthe Chicago area, the content ofthe rule was

not prescribed by federal law.

In addition, while U.S. EPA has regulated halogenated solvent

cleaning in 40 CFR part

63, Subpart T, those regulations only apply to batch and in-line

cleaning, which are not at issue

in this Petition.

•

HEARING

31.

The Illinois EPA requests that a hearing be held on this matter, because ifthe

adjusted standard is granted, it will need to be submitted to the U.S. EPA as a revision to Illinois’

SIP for the Chicago NAA. 40 CFR Section 51.102 requires that a state have a public hearing

prior to adopting a revision to a SIP.

Argonne has agreed to a hearing.

XI.

RECOMMENDATION AND CONCLUSION

32.

The Illinois

EPA recommends, for the reasons stated above, that Argonne, for its

Chicago facility, be granted the requested adjusted standard from the requirements of35

Ill.

Adm.

Code 218.182 pursuant to 415 ILCS 5/28.1.

The Illinois EPA concurs with Argonne on

the proposed language as set forth in paragraph

(f)

ofthe Petition.

WHEREFORE, for the reasons stated herein, the Illinois EPA recommends that the

Pollution Control Board GRANT the Adjusted Standard Petition ofArgonne National

Laboratory.

Respectfully

Submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

BY:______________________

Rachel L. Doctors

Assistant Counsel

Division of Legal Counsel

Dated: July

~L.

2003

1021 N. Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

STATE OF ILLINOIS

COUNTY OF SANGAMON

)

)SS.

)

PROOF OF SERVICE

I, the undersigned, on oath state that I have served the attached Recommendation upon

theperson to whom it is

directed, by placing it in an

envelope addressed to:

TO:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

• 100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

William D. Luck

Assistant General Counsel

Argonne National Laboratory

9700 S. Cass Avenue

Argonne, Illinois 60439

BradleyHalloran, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

•

Chicago, Illinois

60661

Gloria Walach, Counsel

U.S. Department ofEnergy

9800 S. Cass Avenue

Argonne, Illinois 60439

and mailing it by Overnight Mail from Springfield, Illinois on July 31, 2003, with sufficient

postage affixed.

“OFFICIAL SEAL”

Stephen C. Ewart

Notary Public. State

of Illinois

My Commission Exp.

11/16~OO6

SUBSCRIBED AND SWORN

TO BEFORE

this

31th

day ofJuly, 2003

EA~A+

Notary Public