[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Notices]
[Pages 67360-67361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33612]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5940-2]


Proposed Settlements; Petitions for Review of ``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: Notice of proposed settlements; request for public comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 113(g) of the Clean Air Act (``the 
Act''), notice is hereby given of three proposed settlement agreements 
regarding the following petitions for review: Chemical Manufacturers 
Association v. EPA, No. 96-1031(D.C. Cir.); Halogenated Solvents 
Industry Alliance, Inc. v. EPA, No. 96-1036 (D.C. Cir.); and Society of 
the Plastics Industry, Inc., v. Browner, No. 96-1038 (D.C. Cir.). Each 
petition seeks judicial review under section 307(b) of the Act of the 
final rule entitled, ``National Emission Standards for Hazardous Air 
Pollutants; Final Standards for Hazardous Air Pollutant Emissions from 
Wood Furniture Manufacturing Operations,'' 60 FR 62930 (Dec. 7, 1995) 
(``Wood Furniture NESHAP''), promulgated by the United States 
Environmental Protection Agency (``EPA''), respondent, and codified at 
40 CFR part 63, subpart JJ.
    There is a separate proposed settlement agreement (``PSA'') for 
each petition for review, which addresses the specific issues raised by 
the respective petitioner. For convenience of interested parties, 
following is a brief summary of some of the key points of each PSA; 
however, interested parties are strongly encouraged to obtain a copy of 
the PSAs to discern for themselves the full scope of the proposed 
settlements instead of relying solely on the summaries below.
    The PSA between EPA and the Chemical Manufacturers Association 
requires EPA to conduct notice and comment rulemaking proposing that 
certain glycol ethers be removed from Table 6 of the Wood Furniture 
NESHAP and that the de minimis value in Table 6 for 2-ethoxy ethyl 
acetate be revised to read 10.0 tons/year.
    The PSA between EPA and the Halogenated Solvents Industry Alliance 
would require EPA: (1) to conduct notice-and-comment rulemaking in 
accordance with section 307(d) of the Act proposing that 
perchloroethylene and trichloroethylene be deleted from Table 4 of the 
Wood Furniture NESHAP; and (2) to give great weight to the 
recommendations of the Science Panel regarding whether a reassessment 
of the cancer hazard for methylene chloride should be undertaken based 
on the current state-of-the-science. This PSA also requires EPA to 
conduct additional notice and comment rulemaking with respect to 
methylene chloride if methylene chloride is reassessed and certain 
findings are made as a result of that reassessment.
    The PSA between the Society of the Plastics Industry and EPA would 
require EPA to propose technical amendments to the Wood Furniture 
NESHAP that would remove the subheadings of ``Nonthreshold 
Pollutants,'' ``High-Concern Pollutants,'' and ``Unrankable 
Pollutants'' in Table 6 of the Wood Furniture NESHAP and to remove 
footnote ``a'' to Table 6, on the grounds that the subheadings and 
footnote are unnecessary because no subcategories of pollutants are 
created in Table 6.
    Each of the proposed settlement agreements would require EPA to 
sign a notice of proposed rulemaking regarding the above amendments no 
later than six (6) months after the date the settlement agreement is 
signed, and a notice of final rulemaking no later than twelve (12) 
months after the date the settlement agreement is signed.

Notice of Proposed Settlement

    For a period of thirty (30) days following the date of publication 
of this document, the Agency will receive written comments relating to 
the settlement from persons who were not named as parties to the 
litigation in question. EPA or the Department of Justice may withhold 
or withdraw consent to the proposed settlement if the comments disclose 
facts or circumstances that indicate that such consent is 
inappropriate, improper, inadequate, or inconsistent with the 
requirements of the Act. Copies of the proposed settlement agreements 
may be requested from Phyllis Cochran, Air and Radiation Division 
(2344), Office of General Counsel, U.S. Environmental Protection 
Agency, 401 M Street, S.W., Washington, D.C. 20460, (202) 260-7606, or 
by e-mail at [email protected]. Written comments should 
be sent to Jon

[[Page 67361]]

Devine at the above address and must be submitted on or before January 
23, 1998.

    Dated: September 12, 1997.
Scott C. Fulton,
Principal Deputy General Counsel.
[FR Doc. 97-33612 Filed 12-23-97; 8:45 am]
BILLING CODE 6560-50-P