[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Proposed Rules]
[Pages 87-88]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32279]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL12-38-6748; IL53-3-6693; FRL-5131-3]
Approval and Promulgation of Implementation Plan; Illinois
AGENCY: United States Environmental Protection Agency.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The United States Environmental Protection Agency (USEPA) is
withdrawing certain proposed rulemaking actions resulting from the
reconsideration of emission limitations for the metal furniture paint
and adhesive operations at the Montgomery, Illinois facility owned by
Allsteel, Inc. (Allsteel). In the final rules section of this Federal
Register, USEPA is withdrawing the stays pending reconsideration (of
emission limitations) applicable to this facility.
DATES: The proposed rule is withdrawn as of January 3, 1995.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 [[Page 88]] 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 Illinois' August 15, 1994 withdrawal
of its SIP submission, 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 the Final rules
section of this Federal Register USEPA is withdrawing the May 31, 1991
and the June 4, 1993 stays pending reconsideration, since it is 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Volatile organic
compound.
Dated: December 23, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-32279 Filed 12-30-94; 8:45 am]
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