[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]
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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
