Approval and Promulgation of Implementation Plan; Illinois

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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