[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59086-59090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24000]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0484; FRL-9205-9]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Adoption of Control Techniques Guidelines for Flexible
Packaging Printing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Maryland Department
of the Environment (MDE). This SIP revision includes amendments to
Maryland's regulation for Volatile Organic Compounds from Specific
Processes, and meets the requirement to adopt Reasonably Available
Control Technology (RACT) for sources covered by EPA's Control
Techniques Guidelines (CTG) standards for flexible packaging printing.
These amendments will reduce emissions of volatile organic compound
(VOC) emissions from flexible packaging printing. Therefore, this
revision will help Maryland attain and maintain the national ambient
air
[[Page 59087]]
quality standard (NAAQS) for ozone. This action is being taken under
the Clean Air Act (CAA).
DATES: This rule is effective on November 26, 2010 without further
notice, unless EPA receives adverse written comment by October 27,
2010. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0484, by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected]
C. Mail: EPA-R03-OAR-2010-0484, Maria A. Pino, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0484. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland
21230.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION: On April 23, 2010, MDE submitted to EPA a
SIP revision concerning the adoption of the EPA CTG for flexible
packaging printing.
I. Background
Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including RACT for sources of emissions. Section 182(b)(2)(A) provides
that for certain nonattainment areas, States must revise their SIPs to
include RACT for sources of VOC emissions covered by a CTG document
issued after November 15, 1990 and prior to the area's date of
attainment.
The CTG for flexible package printing is intended to provide state
and local air pollution control authorities information that should
assist them in determining RACT for VOC from flexible package printing
facilities. In developing this CTG, EPA, among other things, evaluated
the sources of VOC emissions from this industry and the available
control approaches for addressing these emissions, including the costs
of such approaches. Based on available information and data, EPA
provides recommendations for RACT for VOC from flexible package
printing facilities.
In December 1978, EPA published a CTG for graphic arts (rotogravure
printing and flexographic printing) that included flexible package
printing. The 1978 CTG discusses the flexible package printing
industry, the nature of VOC emissions from that industry, available
control technologies for addressing such emissions, the costs of
available control options, and other items. EPA also published a
national emission standard for hazardous air pollutants (NESHAP) for
the printing and publishing industry (40 CFR Part 60, Subpart KK) in
May 1996, which is applicable to flexible package printing.
Under section 183(e) of the CAA, EPA conducted a study of VOC
emissions from the use of consumer and commercial products to assess
their potential to contribute to levels of ozone that violate the NAAQS
for ozone, and to establish criteria for regulating VOC emissions from
these products. Section 183(e) of the CAA directs EPA to list for
regulation those categories of products that account for at least 80
percent of the VOC emissions, on a reactivity-adjusted basis, from
consumer and commercial products in areas that violate the NAAQS for
ozone (i.e., ozone nonattainment areas), and to divide the list of
categories to be regulated into four groups.
EPA published the original list of product categories and the
original schedule that established the four groups of categories in the
Federal Register on March 23, 1995 (60 FR 15264). Flexible package
printing materials was included in that list. EPA noted in that notice
that EPA may amend the list of products for regulation, and the groups
of products for regulation, and the groups of product categories, in
order to achieve an effective regulatory program in accordance with the
Agency's discretion under CAA section 183(e). EPA published a revised
schedule and grouping on March 18, 1999 (64 FR 13422). EPA again
revised the list to regroup the product categories on November 17, 2005
(70 FR 69759). On May 16, 2006 (71 FR 28320), EPA modified the section
183(e) list and schedule for regulation by adding one category and
removing one category of consumer and commercial products. Flexible
package printing materials remained on the list and are still included
on the current section 183(e) list under Group II.
In September 2006, after conducting a review of currently existing
state and local VOC emission reduction approaches for flexible package
printing, reviewing the 1978 CTG and the 1996 NESHAP for the printing
and publishing industry (40 CFR part 60, subpart KK), which is
applicable to
[[Page 59088]]
flexible package printing, and taking into account the information that
has become available since then, EPA developed a new CTG for flexible
package printing entitled ``Control Techniques Guidelines for Flexible
Package Printing'' (Publication No. EPA 453/R-06-003).
Flexible packaging refers to any package or part of a package the
shape of which can be readily changed. There are two types of printing
processes used by flexible package printing facilities: (1) Rotogravure
printing; and (2) flexographic printing. There are two main sources of
VOC emissions from flexible package printing for both rotogravure and
flexographic: (1) Evaporation of VOC from inks, coatings, and
adhesives, and (2) evaporation of VOC from cleaning materials. There
are two approaches to reducing VOC emissions from inks, coatings, and
adhesives used in the flexible package printing industry: (1) Adding/
improving add-on controls, and (2) material reformulation or
substitution.
II. Summary of SIP Revision
On April 23, 2010, MDE submitted to EPA a SIP revision
(10-04) concerning the adoption of the EPA CTG for flexible
packaging printing. EPA develops CTGs as guidance on control
requirements for source categories. States can follow the CTGs or adopt
more restrictive standards. MDE has adopted EPA's CTG standards for
flexible packaging printing and work practices (see EPA 453/R-06-003,
September 2006). This SIP revision includes amendments to COMAR
26.11.19.10 and a new regulation .10-1 under COMAR 26.11.19, Volatile
Organic Compounds from Specific Processes. This action affects sources
that use flexographic and rotogravure presses to print flexible
packaging materials.
New regulation COMAR 26.11.19.10-1 contains the following
requirements and standards for flexible packaging printing lines:
Emissions are either reduced by using water-based inks that contain
less than 25 percent VOC by volume of the volatile portion of the ink,
or high solids inks that contain not less than 60 percent nonvolatiles.
If compliance cannot be achieved through use of the water-based inks or
high solids inks described above, the source shall reduce the VOC
content of each ink, or reduce the average VOC content of inks used at
each press as follows:
(a) 60 percent reduction for flexographic presses;
(b) 65 percent reduction for packaging rotogravure presses; and
(c) 75 percent reduction for publication rotogravure presses.
Additional emission standards and requirements for a flexible
packaging printing line with potential to emit VOCs of 25 tons or more
per year are limiting the VOC content of each flexible packaging
coating or limiting the average VOC content of flexible packaging
coatings of the line to not more than:
(a) 0.8 lb VOC/lb or kg VOC/kg solids applied; or
(b) 0.16 lb VOC/lb or kg VOC/kg materials applied; or
(c) Venting the dryer exhaust of the line through a control device
that is constructed, operated, and maintained to achieve an overall
control efficiency of:
65 percent overall control for a press that was first
installed prior to March 14, 1995 and that is controlled by an add-on
air pollution control device (APCD) whose first installation date was
prior to the effective date.
70 percent overall control for a press that was first
installed prior to March 14, 1995 and that is controlled by an add-on
APCD whose first installation date was on or after the effective date
of the rule.
75 percent overall control for a press that was first
installed on or after March 14, 1995 and that is controlled by an add-
on APCD whose first installation date was prior to the effective date
of the rule.
80 percent overall control for a press that was first
installed on or after March 14, 1995 and that is controlled by an add-
on APCD whose first installation date was on or after the effective
date of the rule.
III. Final Action
Maryland's April 23, 2010 SIP revision meets the CAA requirement to
include RACT for sources covered by the EPA CTG for flexible package
printing. Therefore, EPA is approving the Maryland SIP revision for
adoption of the CTG standards for flexible packaging printing. EPA is
publishing this rule without prior proposal because the Agency views
this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on November 26, 2010 without further notice
unless EPA receives adverse comment by October 27, 2010. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
[[Page 59089]]
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 26, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action pertaining to Maryland's adoption
of the CTG standards for flexible packaging printing may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR 26.11.19.10 and adding an entry for COMAR
26.11.19.10-1 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c)* * *
EPA-Approved Regulations in the Maryland SIP
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Additional
Code of Maryland State explanation/
Administrative Regulations Title/subject effective date EPA approval date citation at 40 CFR
(COMAR) citation 52.1100
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26.11.19 Volatile Organic Compounds from Specific Processes
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* * * * * * *
26.11.19.10................... Flexographic and 4/19/10 September 27, 2010 Revision to
rotogravure printing. [Insert page section
number where the .10(B)(2).
document begins].
26.11.19.10-1................. Flexible packaging 4/19/10 September 27, 2010 New Regulation.
printing. [Insert page
number where the
document begins].
* * * * * * *
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[FR Doc. 2010-24000 Filed 9-24-10; 8:45 am]
BILLING CODE 6560-50-P