[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DATES: The proposed rule is withdrawn as of January 3, 1995.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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