[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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