[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Rules and Regulations]
[Pages 40-41]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32278]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL12-37-6747; FRL-5131-4]
Approval and Promulgation of Implementation Plan; Illinois
AGENCY: United States Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The United States Environmental Protection Agency (USEPA) is
withdrawing two stays pending reconsideration (of emission limitations)
applicable to the metal furniture paint and adhesive operations at the
Montgomery, Illinois facility owned by Allsteel, Inc. (Allsteel). In
the proposed rules section of this Federal Register USEPA is
withdrawing related proposed rules.
EFFECTIVE DATE: This action is effective January 3, 1995.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following location: U.S. Environmental Protection Agency, Region 5,
Regulation Development Branch, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Steve Rosenthal, Regulation
Development Branch, U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604. Telephone: (312) 886-
6052.
SUPPLEMENTARY INFORMATION:
I. Background Information
On June 29, 1990, USEPA promulgated a Federal Implementation Plan
(FIP) which contained stationary source Volatile Organic Compound (VOC)
control measures representing Reasonably Available Control Technology
(RACT) for emission sources located in six Chicago, Illinois counties.
On that date, USEPA also took final rulemaking action on certain VOC
rules previously adopted and submitted by the State of Illinois for
inclusion in its State Implementation Plan (SIP) (55 FR 26814). Among
the sources impacted by these actions is Allsteel's plant in Kane
County.
As a result of this rulemaking, Allsteel's paint operations became
subject to the FIP's VOC emission limitations for metal furniture
coating at 40 CFR 52.741(e), while the adhesive operations were
required to comply with the FIP's ``generic'' rule for miscellaneous
fabricated product manufacturing at 40 CFR 52.741(u). However, because
USEPA had insufficient time to respond to Allsteel's highly technical
comments, the Agency deferred the effective date of the applicable
rules with regard to Allsteel for six months. Similarly, USEPA deferred
action on a site-specific limit for Allsteel's adhesive lines submitted
by the State of Illinois for inclusion as a SIP revision.
On August 28, 1990, Allsteel filed a petition for review of USEPA's
June 29, 1990 rulemaking in the United States Court of Appeals for the
Seventh Circuit. Nine other parties filed petitions for review, which
were ultimately consolidated by the Court as Illinois Environmental
Regulatory Group (IERG) et al. v. Reilly, No. 90-2778. In addition,
Allsteel filed petitions for reconsideration of the FIP as it applied
to both the adhesive and specialty paint operations. Pursuant to these
petitions, USEPA convened proceedings for reconsideration pursuant to
section 307(d)(7)(B) of the Clean Air Act (Act) 42. U.S.C.
7607(d)(7)(B). On May 31, 1991 (56 FR 24722), USEPA issued a stay of
the FIP rules pending reconsideration for the adhesive operations; on
June 4, 1993 (58 FR 31653), USEPA issued a stay of the FIP rules
pending reconsideration for the specialty paint operations. Both stays,
issued pursuant to section 307(d)(7)(B) of the Act, were issued only as
necessary to complete reconsideration of the subject rules.
On May 13, 1993, USEPA proposed site-specific RACT requirements for
the paint operations (58 FR 28376). On June 18, 1993, USEPA proposed to
disapprove the State's SIP submission and to promulgate a new rule for
the adhesive operations (58 FR 33578).
On July 11, 1994, Allsteel filed with USEPA a Withdrawal of
Requests for Reconsideration in which it represented that the adhesive
operations were permanently shut down on March 18, 1994, and that the
paint operations were to be discontinued by July 15, 1994. In addition,
on August 15, 1994, the State of Illinois withdrew its SIP revision
request for the adhesive lines.
II. Summary and Conclusions
As a result of Allsteel's July 11, 1994, Withdrawal of Requests for
Reconsideration and the State of [[Page 41]] Illinois' August 15, 1994,
withdrawal of its SIP submission, in the proposed rules section of this
Federal Register USEPA is withdrawing its May 13, 1993, proposed site-
specific RACT requirements for Allsteel's paint operations and its June
18, 1993, proposal to disapprove the State's SIP submission and to
promulgate a new rule for the adhesive operations. In this final rule
USEPA is withdrawing the May 31, 1991, and the June 4, 1993, stays
pending reconsideration, since they are no longer necessary to complete
reconsideration of the subject rules. It should be noted that USEPA's
June 29, 1990, FIP regulations remain in place.
Pursuant to the good cause exception in section 553(b)(B) of the
Administrative Procedure Act, USEPA is taking final action without
proposal. The USEPA believes notice-and-comment rulemaking is
unnecessary to rescind the stay of the FIP rules because the stay
affects only one party and that party requested the stay. Furthermore,
there were no comments when USEPA initially promulgated the stay. In
addition, USEPA believes it is in the public interest to forego notice-
and-comment rulemaking and to rescind the stay as expeditiously as
possible because (1) Allsteel has withdrawn the petition for
reconsideration upon which the stay was based, and (2) as a result of
the rescission of the stay, the June 29, 1990 FIP regulations are fully
enforceable.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Volatile organic
compound.
Dated: December 23, 1994.
Carol M. Browner,
Administrator.
For the reasons stated in the preamble, part 52, chapter 1, 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
Sec. 52.74 [Amended]
2. Section 52.741 is amended by removing and reserving paragraphs
(z)(1)(ii) and (z)(5), and in paragraph (z)(1)(i), by removing the
semicolon and the word ``and'' at the end of the paragraph and adding a
period.
[FR Doc. 94-32278 Filed 12-30-94; 8:45 am]
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