40 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

Regulatory Process

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-forprofit enterprises and government

entities with jurisdiction over

population of less than 50,000.

Because this action does not create

any new requirements but simply

includes additional information into the

SIP, I certify that it does not have a

significant impact on any small entities.

Moreover, due to the nature of the

Federal-state relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (S. Ct. 1976); 42 U.S.C.

7410(a)(2).

The OMB has exempted this action

from review under Executive Order

12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: December 15, 1994.

David P. HoweKamp,

Acting Regional Administrator.

Subpart F of 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 F—California

2. Section 52.220 is amended by

adding paragraph (c)(200)(ii) to read as

follows:

§ 52.220 Identification of Plan.

* * * * *

(c) * * *

(200) * * *

(ii) Additional material.

(A) Negative Declarations for the

Mojave Desert Air Quality Management

District for the following Volatile

Organic Compound Sources: Natural

Gas and Gasoline Processing Equipment

and Chemical Processing and

Manufacturing, adopted on May 25,

1994.

* * * * *

[FR Doc. 94–32232 Filed 12–30–94; 8:45 am]

BILLING CODE 6560–50–P

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.

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
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations 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-andcomment 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-andcomment 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

§ 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]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[FL54–1–6026a; FRL–5089–2]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Florida

AGENCY: U.S. Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On June 23, 1993, the State of

Florida, through the Florida Department

of Environmental Protection (FDEP),

submitted a maintenance plan and a

request to redesignate the Duval County

area from transitional nonattainment to

attainment for ozone (O3). The O3

nonattainment area consists only of

Duval County. Under the Clean Air Act

(CAA), designations can be revised if

sufficient data are available to warrant

such revisions. In this action, EPA is

approving Florida’s request because it

meets the maintenance plan and

redesignation requirements set forth in

the CAA and EPA is approving the 1990

base year emissions inventory. The

approved maintenance plan will

become a federally enforceable part of

the State Implementation Plan (SIP) for

the Duval County nonattainment area.

DATES: This final rule will be effective

March 6, 1995 unless adverse or critical

comments are received by February 2,

1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Joey

LeVasseur, at the EPA Regional Office

listed below. Copies of the documents

relative to this action are available for

public inspection during normal

business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW.,

Washington, DC 20460

Environmental Protection Agency,

Region IV Air Programs Branch, 345

Courtland Street, NE., Atlanta,

Georgia 30365

Air Resources Management Division,

Florida Department of Environmental

Protection, Twin Towers Office

Building, 2600 Blair Stone Road,

Tallahassee, Florida 32399–2400

FOR FURTHER INFORMATION CONTACT: Joey

LeVasseur, Regulatory Planning and

Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region IV

Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia

30365. The telephone number is 404/

347–3555 ext. 4215. Reference file

FL54–1–6026.

SUPPLEMENTARY INFORMATION: The CAA,

as amended in 1977 (1977 Act) required

areas that were designated

nonattainment based on a failure to

meet the O3 national ambient air quality

standard (NAAQS) to develop SIPs with

sufficient control measures to

expeditiously attain and maintain the

standard. Duval County was designated

under section 107 of the 1977 Act as

nonattainment with respect to the O3

NAAQS on March 3, 1978. [43 FR 8964,

40 CFR Section 81.310] In accordance

with section 110 of the 1977 Act, the

State submitted a part D O3 SIP on April

30, 1979, which was supplemented on

August 27, 1979, and January 23, 1980,

which EPA conditionally approved on

March 18, 1980, and fully approved on

May 14, 1981, as meeting the

requirements of section 110 and part D

of the 1977 Act.

On November 15, 1990, the CAA

Amendments of 1990 were enacted

(1990 Amendments) [Pub. L. 101–549,

104 Stat. 2399, codified at 42 U.S.C.

§§ 7401–7671q]. The nonattainment

designation of Duval County was

continued by operation of law pursuant

to section 107(d)(1)(C)(i) of the 1990

Amendments. Furthermore, it was

classified by operation of law as

transitional for O3 according to section

181(a)(1). (See 56 FR 56694 (Nov. 6,

1991) and 57 FR 56762 (Nov. 30, 1992),

codified at 40 CFR 81.310.)

Duval County more recently has

ambient monitoring data that show no

violations of the O3 NAAQS, during the

period from 1987 through 1993. In

addition, there have been no

exceedences reported for the 1994 O3

season, to date. Therefore, in an effort to

comply with the amended CAA and to

ensure continued attainment of the

NAAQS, Florida submitted an O3

maintenance SIP for the Duval County

area on June 23, 1993, and a

supplemental revision on August 23,

1994. Florida also requested

redesignation of the area to attainment

with respect to the O3 NAAQS.

The 1990 Amendments revised

section 107(d)(1)(E) to provide five

specific requirements that an area must

meet in order to be redesignated from

nonattainment to attainment.

1. The area must have attained the

applicable NAAQS;

2. The area must meet all relevant

requirements under section 110 and part

D of the CAA;