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''

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.

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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