[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Rules and Regulations]
[Pages 31361-31363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14988]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5836-8]


National Emission Standards for Hazardous Air Pollutants; Final 
Standards for Hazardous Air Pollutant Emissions From Wood Furniture 
Manufacturing Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On December 7, 1995 (60 FR 62930), the EPA promulgated 
National Emission Standards for Hazardous Air Pollutants; Final 
Standards for Hazardous Air Pollutant Emissions from Wood Furniture 
Manufacturing Operations under section 112 of the Clean Air Act (CAA), 
42 U.S.C. 7412. The national emission standards for hazardous air 
pollutants (NESHAP) requires existing and new major sources to control 
emissions using maximum achievable control technology (MACT) to control 
hazardous air pollutants. This action revises the definition of wood 
furniture component in the NESHAP to exclude foam seat cushions not 
made at a wood furniture manufacturing facility from this definition. 
The revisions clarify the applicability of the final rule to eliminate 
potential overlapping requirements with other NESHAP.

DATES: The direct final rule will be effective August 8, 1997 unless 
significant adverse comments are received by July 9, 1997. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Interested parties may submit written comments (in 
duplicate, if possible) on the proposed changes to the NESHAP to: Air 
and Radiation Docket and Information Center (6102), Attention, Docket 
No. A-93-10, U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460. If a public hearing is held, it will be held at 
the EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
standards and the proposed changes, contact Mr. Paul Almodovar, 
Coatings and Consumer Products Group, Emission Standards Division (MD-
13), U.S. Environmental Protection Agency, Research Triangle Park, NC 
27711; telephone (919) 541-0283. For information regarding the 
applicability of this action to a particular entity, contact Mr. Robert 
Marshall, Manufacturing Branch, Office of Compliance, (2223A), U.S. 
EPA, 401 M Street, SW, Washington, DC 20460; telephone (202) 564-7021.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by this action are owners or 
operators of facilities that are engaged, either in part or in whole, 
in wood furniture manufacturing operations and that are major sources 
as defined in 40 CFR Part 63, subpart A, section 63.2. Regulated 
categories include:


------------------------------------------------------------------------
             Category                  Examples of regulated entities   
------------------------------------------------------------------------
Industry..........................  Facilities which are manor sources  
                                     of hazardous air pollutants and    
                                     manufacture wood furniture or wood 
                                     furniture components.              
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities that EPA is now aware potentially 
could be regulated by this action. Other types of entities not listed 
in the table also could be regulated. To determine whether your 
facility [company, business, organization, etc.] is regulated by this 
action, you should carefully examine the applicability criteria in 
section 63.800 of the NESHAP for Wood Furniture Manufacturing 
Operations that was promulgated in the Federal Register on December 7, 
1995 (60 FR 62930) and codified at 40 CFR part 63, subpart JJ. If you 
have questions regarding the applicability of this action to a 
particular entity, consult Mr. Robert Marshall at the address listed in 
the preceding FOR FURTHER INFORMATION CONTACT section.
    Any significant and timely adverse comments received on any portion 
of this direct final rule will be addressed in a subsequent final rule 
based on the proposed rule contained in the Proposed Rules Section of 
this Federal Register that is identical to this direct final rule. If 
no significant and timely adverse comments are received on this direct 
final rule, then the direct final rule will become effective August 8, 
1997 and no further action will be taken on the parallel proposal 
published today.
    The information presented below is organized as follows:

I. Background
II. Summary of and Rationale for Rule Changes
III. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Regulatory Flexibility Act
    E. Regulatory Review
    F. Unfunded Mandates Act
    G. Submission to Congress and the General Accounting Office

I. Background

    On December 7, 1995 (60 FR 62930), the EPA promulgated the NESHAP 
for Wood Furniture Manufacturing Operations. These standards were 
codified as subpart JJ in 40 CFR part 63. These standards established 
emission limits for, among other things, coating and gluing of wood 
furniture and wood furniture components. Wood furniture components were 
defined to include ``seat cushions,'' some of which are made of foam 
and are manufactured and glued to the wood furniture at the wood 
furniture manufacturing facility. Others are manufactured off-site at a 
foam fabrication facility, and provided to the wood furniture 
manufacturing facility to include with the final wood furniture 
product.
    This action clarifies the applicability of the final rule by 
revising the definition of ``wood furniture component'' to exclude from 
this definition, seat cushions manufactured and fabricated at a 
facility that does not engage in any other wood furniture or wood 
furniture component manufacturing operations. The manufacture of these 
foam seat cushions will be subject to a different NESHAP as discussed 
in more detail below.

II. Summary of and Rationale for Rule Changes

    The EPA has revised the definition of ``wood furniture component'' 
in the Wood Furniture Manufacturing NESHAP to exclude foam seat 
cushions not made at a wood furniture manufacturing facility from this

[[Page 31362]]

definition. The following is the revised definition for wood furniture 
component:
    Wood furniture component means any part that is used in the 
manufacture of wood furniture. Examples include, but are not limited 
to, drawer sides, cabinet doors, seat cushions, and laminated tops. 
However, foam seat cushions manufactured and fabricated at a facility 
that does not engage in any other wood furniture or wood furniture 
component manufacturing operation are excluded from this definition.
    The EPA is currently developing a separate NESHAP for foam 
fabricators which will cover facilities that manufacture foam seat 
cushions at foam fabricating plants for a variety of industries, 
including wood furniture manufacturers. To avoid duplicative 
requirements for such facilities, these foam seat cushions are no 
longer covered by this subpart. This will ensure that these facilities 
would not be subject to one set of requirements for seat cushions sold 
to the wood furniture industry and a different set of requirements for 
seat cushions sold to other industries. However, wood furniture 
manufacturing facilities that manufacture their foam seat cushions on-
site or perform other upholstery operations still will be subject to 
the emission limits for the application of contact adhesives included 
in this subpart.

III. Administrative Requirements

A. Docket

    Docket A-93-10 is an organized and complete file of all of the 
information submitted to, or otherwise considered by, the EPA in the 
development of this rulemaking. The docket is a dynamic file, since 
material is added throughout the rulemaking development. The docketing 
system is intended to allow members of the public to readily identify 
and locate documents to enable them to participate effectively in the 
rulemaking process. The contents of the docket serves as the record in 
case of judicial review (except for interagency review materials) 
(Sec. 307(d)(7)(A) of the CAA, 42 U.S.C. 7607(d)(7)(A)).

B. Paperwork Reduction Act

    There are no additional information collection requirements 
contained in these amendments to the final rule. Therefore, approval 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq., is not required.

C. Executive Order 12866

    Under Executive Order 12866, the EPA is required to determine 
whether a regulation is ``significant'' and therefore subject to Office 
of Management and Budget review and the requirements of this Executive 
Order to prepare a regulatory impact analysis. The Executive Order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule that may (1) have an annual effect on the economy of 
$100 million or more, or adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or Tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this action is not a ``significant regulatory action'' 
within the meaning of the Executive Order.

D. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis for this final rule. EPA has also determined that 
this rule will not have a significant economic impact on a substantial 
number of small entities. This notice makes clarifying amendments to 
the Wood Furniture Manufacturing Operations NESHAP, including 
applicability and definitions. These amendments will not place any 
additional requirements on any entity affected by this rule, including 
small entities. Therefore, these amendments will not have a significant 
impact on a substantial number of small entities.

E. Regulatory Review

    In accordance with sections 112(d)(6) and 112(f)(2) of the CAA, 42 
U.S.C. 7412(d)(6) and 7412(f)(2), this regulation will be reviewed 
within 8 years of the date of promulgation. This review may include an 
assessment of such factors as evaluation of the residual health risk, 
any overlap with other programs, the existence of alternative methods 
of control, enforceability, improvements in emission control technology 
and health data, and recordkeeping and reporting requirements.

F. Unfunded Mandates Act

    The economic impact analysis performed for the original rule showed 
that the economic impacts from implementation of the promulgated 
standards would not be ``significant'' as defined in Executive Order 
12866. No changes are being made in these amendments that would 
increase the economic impacts. The EPA prepared the following statement 
of the impact of the original rule in response to the requirements of 
the Unfunded Mandates Reform Act.
    There are no Federal funds available to assist State, local, and 
Tribal governments in meeting these costs. There are important benefits 
from volatile organic compounds and hazardous air pollutant emission 
reductions because these compounds have significant adverse impacts on 
human health and welfare and on the environment. The rule does not have 
any disproportionate budgetary effects on any particular region of the 
nation, State, local, or Tribal government, or urban, rural, or other 
type of community. On the contrary, the rule will result in only a 
minimal increase in the average product rates (less than 1 percent). 
Moreover, the rule will not have a material effect on the national 
economy.
    Throughout the regulatory negotiation process prior to issuing the 
final rule on December 7, 1995, the EPA provided numerous opportunities 
for consultations with interested parties (e.g., public comment period; 
opportunity for a public hearing [none was requested]; meetings with 
industry, trade associations, State and local air pollution control 
agency representatives, environmental groups, State, local, and Tribal 
governments, and concerned citizens). Although small governments are 
not significantly or uniquely affected by this rule, these procedures, 
as well as additional public conferences and meetings, gave small 
governments an opportunity to give meaningful and timely input and 
obtain information, education, and advice on compliance.
    Prior to the promulgation of the rule in 1995, the EPA considered 
several regulatory options. The final rule represents the least costly 
and least burdensome alternatives currently available for achieving the 
objectives of section 112 of the CAA. All of the regulatory options 
selected are based on pollution prevention measures. Finally, after 
careful consideration of the costs, the environmental impacts, and the 
comments, the EPA decided that the MACT floor was the appropriate level 
of control for this regulation.

[[Page 31363]]

G. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedures Act 
(APA), as added by the Small Business Regulatory Enforcement Fairness 
Act of 1996, the EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. Sec. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements, Wood furniture 
manufacturing.

    Dated: May 30, 1997.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, Title 40, Chapter I of the 
Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

    1. The authority citation for Part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart JJ--National Emissions Standards for Wood Furniture 
Manufacturing Operations

    2. Sec. 63.801 is amended by revising the definition for ``wood 
furniture component'' to read as follows:


Sec. 63.801  Definitions.

* * * * *
    Wood furniture component means any part that is used in the 
manufacture of wood furniture. Examples include, but are not limited 
to, drawer sides, cabinet doors, seat cushions, and laminated tops. 
However, foam seat cushions manufactured and fabricated at a facility 
that does not engage in any other wood furniture or wood furniture 
component manufacturing operation are excluded from this definition.
* * * * *
[FR Doc. 97-14988 Filed 6-6-97; 8:45 am]
BILLING CODE 6560-50-P