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

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:

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Category Examples of regulated entities

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Industry.......................... Facilities which are manor sources

of hazardous air pollutants and

manufacture wood furniture or wood

furniture components.

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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]

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