National Emission Standards for the Printing and Publishing Industry, 29792-29805 [06-4821]

Download as PDF 29792 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS Name of non-regulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date * * Kentucky portion of the AshlandHuntington Sulfur Dioxide Maintenance Plan. * Boyd County ............. * 05/13/05 EPA approval date * 05/24/06 [Insert first page number of publication]. Authority: 42 U.S.C. 7401 et seq. PART 81—[AMENDED] 2. In § 81.318, the table entitled ‘‘Kentucky SO2’’ is amended by revising the entry for ‘‘That portion of Boyd I 1. The authority citation for part 81 continues to read as follows: I Explanation * * County south of UTM northing line 4251 km’’ to read as follows: § 81.318 * Kentucky. * * * * KENTUCKY—SO2 Does not meet primary standards Does not meet secondary standards Cannot be classified * ................................... * ........................ * .................................................... * X * * * * Designated area * * That portion of Boyd County south of UTM northing line 4251km. * * * * * * * Paper and Other Web Coating NESHAP and the Printing, Coating, and Dyeing of Fabric and Other Textiles NESHAP to clarify the interaction between these rules and the Printing and Publishing Industry NESHAP. * [FR Doc. 06–4820 Filed 5–23–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2004–0441; FRL–8174–5] RIN 2060–AI66 National Emission Standards for the Printing and Publishing Industry Environmental Protection Agency (EPA). ACTION: Direct final rule. wwhite on PROD1PC61 with RULES AGENCY: SUMMARY: EPA is taking direct final action on amendments to the national emission standards for hazardous air pollutants (NESHAP) for the printing and publishing industry which were promulgated on May 30, 1996, under the authority of section 112 of the Clean Air Act (CAA). The direct final rule amendments amend specific provisions in the Printing and Publishing Industry NESHAP to resolve issues and questions raised after promulgation of the final rule and to correct errors in the regulatory text. This action also makes direct final rule amendments to the 16:41 May 23, 2006 Jkt 208001 The direct final rule is effective on August 22, 2006 without further notice, unless EPA receives adverse written comment by June 23, 2006 or by July 10, 2006 if a public hearing is requested by June 5, 2006. If adverse comments are received, EPA will publish a timely withdrawal in the Federal Register indicating which amendments, sections or paragraphs will become effective and which are being withdrawn due to adverse comment. If anyone contacts EPA requesting to speak at a public hearing, a public hearing will be held on June 8, 2006. DATES: 40 CFR Part 63 VerDate Aug<31>2005 * EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2004–0441. All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly ADDRESSES: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Better than national standards available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air and Radiation Docket, EPA West Building, Room B–102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air and Radiation Docket is (202) 566–1742. Public Hearing. If a public hearing is held, it will be held at 10 a.m. at the EPA’s Environmental Research Center Auditorium, Research Triangle Park, NC, or at an alternate site nearby. FOR FURTHER INFORMATION CONTACT: For further information contact Mr. David Salman, EPA, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Coatings and Chemicals Group (D205–01), Research Triangle Park, NC 27711; telephone number (919) 541–0859; fax number (919) 541–0246; e-mail address: salman.dave@epa.gov. SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities potentially regulated by this action include: E:\FR\FM\24MYR1.SGM 24MYR1 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations Category NAICS* code Industry .................................................... 322212 322221 322222 322223 322224 322225 323111 323112 323119 326192 29793 Examples of potentially regulated entities Folding Paperboard Box Manufacturing. Coated and Laminated Packaging Paper and Plastics Film Manufacturing. Coated and Laminated Paper Manufacturing. Plastics, Foil, and Coated Paper Bag Manufacturing. Uncoated Paper and Multiwall Bag Manufacturing. Laminated Aluminum Foil Manufacturing for Flexible Packaging. Commercial Gravure Printing. Commercial Flexographic Printing. Other Commercial Printing. Resilient Floor Covering Manufacturing. wwhite on PROD1PC61 with RULES * North American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility is regulated by this action, you should examine the applicability criteria of the rule. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of today’s direct final NESHAP will also be available on the WWW through the Technology Transfer Network (TTN). Following the Administrator’s signature, a copy of the NESHAP will be posted on the TTN’s policy and guidance page for newly proposed or promulgated rules at https:// www.epa.gov/ttn/oarpg/. The TTN at EPA’s Web site provides information and technology exchange in various areas of air pollution control. Comments. We are publishing the direct final rule amendments without prior proposal because we view the amendments as noncontroversial and do not anticipate adverse comments. However, in the Proposed Rules section of this Federal Register notice, we are publishing a separate document that will serve as the proposal to amend the Printing and Publishing Industry NESHAP (40 CFR part 63, subpart KK), the Paper and Other Web Coating NESHAP (40 CFR part 63, subpart JJJJ), and the Printing, Coating, and Dyeing of Fabric and Other Textiles NESHAP (40 CFR part 63, subpart OOOO) if adverse comments are filed. Instructions for submitting comments are provided in that document. If we receive any adverse comments on one or more distinct amendments, we will publish a timely withdrawal in the Federal Register informing the public which provisions will become effective, and which provisions are being withdrawn due to adverse comment. We will address all public comments in a subsequent final rule, should the EPA VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 determine to issue one. Any of the distinct amendments in today’s direct final rule for which we do not receive adverse comment will become effective on the previously mentioned date. We will not institute a second comment period on the direct final rule amendments. Any parties interested in commenting must do so at this time. Judicial Review. Under section 307(b)(1) of the CAA, judicial review of the direct final rule amendments is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by July 24, 2006. Under section 307(d)(7)(B) of the CAA, only an objection to the direct final rule amendments that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Moreover, under section 307(b)(2) of the CAA, the requirements established by the direct final rule amendments may not be challenged separately in any civil or criminal proceeding brought by EPA to enforce these requirements. Outline. The information presented in this preamble is organized as follows: I. Background II. Amendments A. Applicability B. Designation of Affected Source C. Definitions D. Standards: Publication Rotogravure Printing E. Standards: Product and Packaging Rotogravure and Wide-Web Flexographic Printing F. Performance Test Methods G. Monitoring Requirements H. Recordkeeping Requirements I. Reporting Requirements J. Appendix A to 40 CFR Part 63, Subpart KK III. Statutory and Executive Order Reviews A. Executive Order 12866, Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility D. Unfunded Mandates Reform Act E. Executive Order 13132, Federalism F. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Congressional Review Act. I. Background On May 30 1996, we issued the final NESHAP for the printing and publishing industry (61 FR 27140). The final NESHAP established standards to control organic hazardous air pollutant (HAP) emissions from new and existing publication rotogravure, product and packaging rotogravure, and wide-web flexographic printing operations. Since promulgation of the rule, various issues and questions have been raised by stakeholders and some errors have been identified in the regulatory text. Today’s action includes direct final rule amendments that resolve inconsistencies, clarify language, and add additional compliance flexibility. We are also making direct final rule amendments to the Paper and Other Web Coating NESHAP (40 CFR part 63, subpart JJJJ), and the Printing, Coating, and Dyeing of Fabric and Other Textiles NESHAP (40 CFR part 63, subpart OOOO) to clarify the interaction between these rules and the Printing and Publishing Industry NESHAP (40 CFR part 63, subpart KK). None of the amendments will have any discernable effect on the stringency of the rules. II. Amendments The discussion in this section of the preamble pertains to the Printing and Publishing Industry NESHAP (40 CFR part 63, subpart KK) unless otherwise noted as applying to the Paper and Other Web Coating NESHAP (40 CFR part 63, subpart JJJJ) or the Printing, Coating, and Dyeing of Fabric and Other Textiles NESHAP (40 CFR part 63, subpart OOOO). E:\FR\FM\24MYR1.SGM 24MYR1 29794 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations A. Applicability The final rule contains a provision which some sources can use to establish and maintain themselves as area sources of HAP with respect to the Printing and Publishing Industry NESHAP. EPA has received many questions about whether this provision in 40 CFR 63.820(a)(2) is an optional or mandatory provision for sources that wish to establish and maintain themselves as area sources. We have added language to 40 CFR 63.820(a)(2) to emphasize that this is an optional provision. Facilities which establish and maintain themselves as area sources through other mechanisms, as described in 40 CFR 63.820(a)(7), are not subject to this subpart. wwhite on PROD1PC61 with RULES B. Designation of Affected Source In 40 CFR 63.821(a)(3), the final rule provides an option for including ‘‘standalone coating equipment’’ in product and packaging rotogravure or wide-web flexographic printing affected sources. We have amended 40 CFR 63.821(a)(3) to now refer to ‘‘stand-alone equipment’’ rather than ‘‘stand-alone coating equipment.’’ This change provides the owner or operator with more flexibility for bringing additional equipment into the product and packaging rotogravure or wide-web flexographic printing affected source. This may simplify the compliance demonstration for some affected sources because they will not need to separately quantify the materials used on stand-alone equipment in order to exclude them from the compliance demonstration as is necessary when stand-alone equipment is not part of the product and packaging rotogravure or wide-web flexographic printing affected source. This may also simplify the compliance demonstration for affected sources which vent emissions from product and packaging rotogravure or wide-web flexographic presses and from stand-alone equipment to a common control device. Consistent with this change, we have also amended 40 CFR 63.3300(a) of the Paper and Other Web Coating NESHAP (40 CFR part 63, subpart JJJJ) to now refer to ‘‘stand-alone equipment’’ rather than ‘‘stand-alone coating equipment.’’ In response to several requests we have added options in 40 CFR 63.821(a)(4) for including narrow-web flexographic presses and in 40 CFR 63.821(a)(5) for including proof presses in product and packaging rotogravure or wide-web flexographic printing affected sources. These options may simplify the compliance demonstration for some affected sources because they will not need to separately quantify the materials used on narrow-web flexographic VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 presses or proof presses in order to exclude them from the compliance demonstration as is necessary when narrow-web flexographic presses and proof presses are not part of the product and packaging rotogravure or wide-web flexographic printing affected source. We have corrected 40 CFR 63.821(a)(2)(ii)(A) to state that the total mass of materials applied by the press using product and packaging rotogravure ‘‘print’’ stations be included in the numerator. The final rule incorrectly referred to product and packaging rotogravure ‘‘work’’ stations in the numerator. We have added a new 40 CFR 63.821(a)(6) to clarify that certain operations affiliated with product and packaging rotogravure or wide-web flexographic printing affected sources are part of the printing and publishing industry source category, but are not part of the product and packaging rotogravure or wide-web flexographic printing affected source. These affiliated operations include mixing or dissolving of ink or coating ingredients prior to application; ink or coating mixing for viscosity adjustment, color tint or additive blending, or pH adjustment; cleaning of ink or coating lines and line parts; handling and storage of inks, coatings and solvents; and conveyance and treatment of wastewater. Including these affiliated operations in the printing and publishing source category is consistent with 40 CFR 63.7985(d)(2) of the Miscellaneous Coating Manufacturing NESHAP (40 CFR part 63, subpart HHHHH) which exempts these affiliated operations from coverage under that rule. They were excluded from the product and packaging rotogravure or wide-web flexographic printing affected source in the final rule because they were not within the scope of the data collected and used to establish the floor and the maximum achievable control technology (MACT) standard for these affected sources. These affiliated operations continue to be part of publication rotogravure affected sources as described in 40 CFR 63.821(a)(1). The material balance records kept for the solvent recovery systems used by all publication rotogravure facilities were broader in scope and included these affiliated operations. As a result, they form part of the basis for the floor and the MACT standard for publication rotogravure affected sources. We have added a new 40 CFR 63.821(a)(7) to clarify that certain lithographic presses, letterpress presses, or screen printing presses, referred to in this new paragraph as ‘‘other presses,’’ are part of the printing and publishing PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 industry source category, but are not part of the publication rotogravure affected source or the product and packaging rotogravure or wide-web flexographic printing affected source unless the owner or operator chooses to include them in the affected source as stand-alone equipment as provided in 40 CFR 63.821(a)(3). A definition of the term ‘‘other presses’’ has been added to the rule. Rotogravure, flexography, lithography, letterpress, and screen printing were all part of the printing and publishing source category in the ‘‘Initial List of Categories of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 1990’’ published on July 16, 1992 (57 FR 31576). The source category was described in detail in ‘‘Documentation for Developing the Initial Source Category List’’ (EPA–450/ 3–91–030, July 1992). The publication rotogravure affected source in the final rule addresses the publication rotogravure printing process. The product and packaging rotogravure or wide-web flexographic printing affected source in the final rule addresses the product and packaging rotogravure and wide-web flexographic printing processes. Lithography, letterpress, and screen printing are different printing processes than publication rotogravure, product and packaging rotogravure, and flexographic printing. Lithographic, letterpress, and screen printing presses that did not also meet the definition of rotogravure press or wide-web flexographic press (i.e., that had no rotogravure print stations and no wideweb flexographic print stations), therefore, were not part of the publication rotogravure affected source, or the product and packaging rotogravure or wide-web flexographic printing affected source in the final rule. We have added a new 40 CFR 63.821(a)(8) to clarify that narrow-web flexographic presses are part of the printing and publishing industry source category, but are not part of the publication rotogravure affected source or the product and packaging rotogravure or wide-web flexographic printing affected source unless the owner or operator chooses to include them in the product and packaging rotogravure or wide-web flexographic printing affected source as provided in 40 CFR 63.821(a)(3) through (5). The rule did not previously treat narrowweb flexographic presses as part of either of these affected sources. We are providing the option of including them in the product and packaging rotogravure or wide-web flexographic printing affected source because this may simplify the compliance E:\FR\FM\24MYR1.SGM 24MYR1 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations wwhite on PROD1PC61 with RULES demonstration for some affected sources that previously had to separately quantify the materials used on these presses in order to exclude them from the compliance demonstration. We have added the word ‘‘affected’’ to 40 CFR 63.821(b)(1) and (2) to clarify that these paragraphs apply to ‘‘affected sources.’’ C. Definitions We have added, removed, and revised a number of definitions in the rule. These changes add clarity and consistency to the rule. We added a definition of ‘‘coating’’ to clarify that in addition to solvent-borne coatings and waterborne coatings, materials with 100 percent or near 100 percent solids such as wax coatings, wax laminations, extrusion coatings, ultra-violet cured coatings, etc., are coatings. Materials used to form unsupported substrates such as calendaring of vinyl, blown film, cast film, etc., are not coatings. We added a definition of ‘‘flexible packaging.’’ This term is used in the revised definition of ‘‘printing operation.’’ We added a definition of ‘‘narrowweb flexographic press’’ to complement the already existing definition of ‘‘wideweb flexographic press.’’ We added a definition of ‘‘other press’’ to complement the use of that term in 40 CFR 63.821(a)(7). We added a definition of ‘‘publication rotogravure press’’ to complement the definition of ‘‘rotogravure press.’’ This definition clarifies that a publication rotogravure press may include one or more flexographic imprinters and that a publication rotogravure press with one or more flexographic imprinters is not a flexographic press. We added a definition of ‘‘stand-alone equipment’’ and removed the definition of ‘‘stand-alone coating equipment.’’ This change provides the owner or operator with additional flexibility for bringing additional equipment into the product and packaging rotogravure or wide-web flexographic printing affected source. We also removed the definitions of ‘‘coating operation’’ and ‘‘coating station.’’ Since these two terms were used only in the definition of standalone coating equipment and they are not used in the definition of stand-alone equipment, these two definitions are no longer needed. We revised the definition of ‘‘certified product data sheet’’ (CPDS) to refer to 40 CFR 63.827(b) rather than to Method 311 or 40 CFR 63.827(b) since Method 311 is discussed in 40 CFR 63.827(b). We included volatile matter weight fraction along with solids weight VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 fraction in the reference to 40 CFR 63.827(c) since both of these attributes are addressed in 40 CFR 63.827(c). We also explained how a material safety data sheet may serve as a CPDS. We revised the definition of ‘‘control device efficiency’’ to refer to organic HAP emissions rather than to HAP emissions. The word ‘‘organic’’ was inadvertently omitted from the original definition. We revised the definitions of ‘‘flexographic press’’ and ‘‘rotogravure press’’ to clarify that the unwind or feed section may contain more than one unwind or feed station. For example, a press that prints on paper and then laminates plastic film to the paper will have an unwind or feed station for the paper, and an unwind or feed station for the plastic that is being laminated to the paper. Both are included in the unwind or feed section. We revised the definition of ‘‘flexographic print station’’ to clarify the meaning of the term and to distinguish it from certain operations which take place on ‘‘other presses.’’ We revised the definition of ‘‘printing operation’’ to include fabric or other textiles for use in flexible packaging, and to exclude wood furniture components and wood building products. Fabric is printed by roller (intaglio), rotary screen, ink jet, and other printing techniques. Rotogravure and flexographic printing are not traditional fabric printing techniques because the materials used are too fluid. Today, there is some rotogravure or flexographic printing of non-woven substrates, which may meet the definition of ‘‘fabric’’ or ‘‘textile’’ in the Printing, Coating, and Dyeing of Fabrics and Other Textiles NESHAP (40 CFR part 63, subpart OOOO). This includes rotogravure or flexographic printing of fabric or other textiles for use in flexible packaging which is most appropriately covered by the Printing and Publishing Industry NESHAP (40 CFR part 63, subpart KK). Therefore, we are including rotogravure or flexographic printing of fabric or other textiles for use in flexible packaging in the definition of ‘‘printing operation’’ in the Printing and Publishing Industry NESHAP. Consistent with this change, we have also amended 40 CFR 63.4281 of the Printing, Coating, and Dyeing of Fabrics and Other Textiles NESHAP (40 CFR part 63, subpart OOOO) by adding a new paragraph (d)(4) which states that equipment used to coat or print on fabric or other textiles for use in flexible packaging that is included in an affected source under the Printing and Publishing Industry NESHAP (40 CFR part 63, subpart KK) is not part of an PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 29795 affected source under the Printing, Coating, and Dyeing of Fabrics and Other Textiles NESHAP. There is some rotogravure printing of wood furniture components and wood building products. These wood printing operations are covered by the Wood Furniture Manufacturing Operations NESHAP (40 CFR part 63, subpart JJ) or the Surface Coating of Wood Building Products NESHAP (40 CFR part 63, subpart QQQQ). Therefore, we are excluding them from the definition of ‘‘printing operation’’ in the Printing and Publishing Industry NESHAP (40 CFR part 63, subpart KK). We revised the definition of ‘‘proof press’’ by broadening it to include checking the quality of substrates, inks, or other solids-containing materials. Proof presses sometimes serve these other purposes, for example, at a paper mill or ink manufacturing facility. We corrected the definition of ‘‘rotogravure print station’’ to use the term ‘‘print station’’ rather than the term ‘‘work station’’ in the body of the definition and revised this definition to clarify that other types of materials that may not be referred to by the supplier or by the user as inks can be applied by rotogravure print stations. The term ‘‘ink’’ in the definition in the final rule was intended to include any solids containing material since materials that might be characterized by the supplier or by the user as inks, coatings, or adhesives are applied on rotogravure print stations. We revised the definition of ‘‘work station’’ to clarify that work stations are present on equipment other than rotogravure or wide-web flexographic presses. For example, work stations are present on proof presses and standalone equipment. The symbol H was used in two different ways in the final rule. To resolve this inconsistency, we revised the definition of the symbol H and changed the symbol used in equation 8 from H to Happ. The symbol H is now defined to mean the monthly organic HAP emitted in kilograms. The symbol Happ is defined to mean the total monthly organic HAP applied in kilograms. Since the symbol Happ is only used in equation 8, we have placed the definition of Happ immediately after that equation. The symbols Ci and MWi were used only in equation 20 in the final rule. The definitions of these symbols were inconsistent with the manner in which the results of Methods 25 and 25A are expressed. The definitions referred to individual organic compounds. The results of Methods 25 and 25A, however, are expressed as carbon. We E:\FR\FM\24MYR1.SGM 24MYR1 29796 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations have added a new symbol Cc for use in equation 20. The definition of Cc is consistent with the manner in which the results of Methods 25 and 25A are expressed. Since Cc is used only in equation 20, we have placed the definition of Cc immediately after that equation. The symbols MWi and Ci are not needed and have been removed. The symbols Mf and Qsd are used only in equation 20. We have moved the definitions of these symbols to immediately after that equation. wwhite on PROD1PC61 with RULES D. Standards: Publication Rotogravure Printing We revised 40 CFR 63.824(b)(1)(i)(A) and (b)(3)(i) by inserting a comma between ‘‘varnish’’ and ‘‘adhesive’’ to clarify that these are two different types of materials. We revised 40 CFR 63.824(b)(1)(ii)(A) and (b)(2)(ii) to clarify the continuous emission monitoring requirements for solvent recovery devices and oxidizers. For solvent recovery devices, a single continuous volumetric gas flow measurement should be sufficient since the inlet and outlet volumetric gas flow rates for a solvent recovery device are essentially equal. For oxidizers, separate continuous volumetric gas flow measurements of the inlet and outlet volumetric gas flow rates are required. E. Standards: Product and Packaging Rotogravure and Wide-Web Flexographic Printing We corrected the first sentence of 40 CFR 63.825(b) introductory text to refer to ‘‘organic HAP emissions’’ rather than to ‘‘emissions.’’ We revised 40 CFR 63.825(b)(6) to use the symbol Happ instead of H because the symbol H is used with a different meaning elsewhere in the final rule. We defined Happ in 40 CFR 63.825(b)(6) in the same way in which H was previously used in this paragraph of the final rule. We revised 40 CFR 63.825(c)(2)(iii) and (d)(2) to clarify the continuous emission monitoring requirements for solvent recovery devices and oxidizers. For solvent recovery devices, a single continuous volumetric gas flow measurement should be sufficient since the inlet and outlet volumetric gas flow rates for a solvent recovery device are essentially equal. For oxidizers, separate continuous volumetric gas flow measurements of the inlet and outlet volumetric gas flow rates are required. We revised 40 CFR 63.825(d)(1)(iv) to refer to a common oxidizer rather than a common solvent recovery system because 40 CFR 63.825(d) describes compliance demonstration requirements for oxidizers. VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 F. Performance Test Methods We revised 40 CFR 63.827(a)(1)(i) and (ii) to clarify that there must be continuous emission monitors for both total organic volatile matter concentration and volumetric gas flow rate, and that the continuous emission monitoring must be done in accordance with the requirements of this subpart. Both concentration and flow data are needed to calculate the total organic volatile matter mass flow. In 40 CFR 63.827(b) of the final rule, the provisions for using manufacturers formulation data for determining organic HAP content required the inclusion of all HAP present at a level greater than 0.1 weight percent in any raw material used. This requirement was based on indications from ink and coating manufacturers that they were already receiving this level of information from their raw material suppliers. A trade association representing certain raw material suppliers submitted information showing that ink and coating manufacturers are not receiving this level of information from their suppliers. Rather, they are receiving information consistent with the requirements of the Occupational Safety and Health Administration (OSHA) hazard communication standards which require the identification of hazardous constituents present at greater than or equal to 0.1 weight percent for OSHAdefined carcinogens as specified in 29 CFR 1910.1200(d)(4) and greater than or equal to 1.0 weight percent for other hazardous constituents. We revised 40 CFR 63.827(b) to make it consistent with the OSHA hazard communication standards, included some examples, and clarified that test data and formulation data can be provided by suppliers or independent third parties. We revised 40 CFR 63.827(c) by including some examples, specifying how to calculate weight solids fraction from volatile matter weight fraction, and clarifying that test data and formulation data can be provided by suppliers or independent third parties. We revised 40 CFR 63.827(d)(1)(vi) to clarify that the same method must be used to determine inlet and outlet organic volatile matter concentration, and that the 50 parts per million by volume levels for Method 25A are expressed on an as carbon basis. We revised 40 CFR 63.827(d)(1)(viii) to clarify that the results of Methods 25 and 25A are expressed on an as carbon basis and to define the symbols used in equation 20 immediately after that equation. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 In 40 CFR 63.827(e)(1) and (2) the final rule referred to the capture efficiency procedures in appendix B to 40 CFR 52.741 and 40 CFR 52.741(a)(4)(iii)(B). We revised 40 CFR 63.827(e)(1) and (2) to refer to Methods 204 and 204A through F of 40 CFR part 51, appendix M. These methods did not exist when the final rule was published on May 30, 1996. They are updated versions of the procedures specified in the final rule. G. Monitoring Requirements We revised 40 CFR 63.828(a)(3) to clarify that there must be continuous emission monitors for both total organic volatile matter concentration and volumetric gas flow rate. Both concentration and flow data are needed to calculate the total organic volatile matter mass flow. H. Recordkeeping Requirements We corrected 40 CFR 63.829(e)(1) and (2) to state that records must be kept of the total mass, as opposed to volume, of each material applied on product and packaging rotogravure or wide-web flexographic printing presses during each month. This is consistent with 40 CFR 63.821(b)(2) and 40 CFR 63.827(b)(2) which require these measurements to be done on a mass basis. I. Reporting Requirements We revised 40 CFR 63.830(b)(6) to clarify that summary reports are required even if the affected source does not have any control devices or does not take the performance of any control devices into account in demonstrating compliance with the emission limitations in 40 CFR 63.824 or 40 CFR 63.825. As stated in 40 CFR 63.830(b)(6)(i) through (iv), these summary reports must include information about various types of exceedances. These types of exceedances can occur at sources with or without control devices. J. Appendix A to 40 CFR Part 63, Subpart KK We revised appendix A to subpart KK to make several clarifications. In paragraph 3.2 of appendix A we have clarified that the confidence intervals are two-sided, changed the designation of the table to Table A–1, changed the table references to Table A–1, and corrected the table entry for 11 valid test runs. In paragraph 4.8 of appendix A we have changed the table reference to Table A–1. E:\FR\FM\24MYR1.SGM 24MYR1 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations III. Statutory and Executive Order Reviews wwhite on PROD1PC61 with RULES A. Executive Order 12866, Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA must determine whether this regulatory action is ‘‘significant’’ and, therefore, subject to Office of Management and Budget (OMB) review and the requirements of the Executive Order. 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. It has been determined that this rule is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 and is, therefore, not subject to OMB review. B. Paperwork Reduction Act This action does not impose any new information collection burden. This action adds clarifications and corrections to the final standards. However, OMB has previously approved the information collection requirements contained in the existing regulations (69 FR 3912, January 27, 2004) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and has assigned OMB control number 2060– 0335 (EPA ICR No. 1739.04). A copy of the Information Collection Request (ICR) may be obtained from Ms. Susan Auby by mail at the Office of Environmental Information, Collection Strategies Division (2822), EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at auby.susan@epa.gov, or by calling (202) 566–1672. You also may download a copy from the internet at https:// www.epa.gov/icr. Include the ICR number in any correspondence. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations are listed in 40 CFR part 9. C. Regulatory Flexibility Analysis EPA has determined that it is not necessary to prepare a regulatory flexibility analysis in connection with the direct final rule amendments. For purposes of assessing the impacts of today’s direct final rule on small entities, small entity is defined as: (1) A small business ranging from 500 to 1,000 as defined by the Small Business Administration’s regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impact of today’s direct final rule amendments on small entities, EPA has concluded that this action will not have a significant economic impact on a substantial number of small entities. We conducted an assessment of the impact of the May 30, 1996 final rule on small businesses within the industries affected by that rule. This analysis allowed us to conclude that there would not be a significant economic impact on a substantial number of small entities from the implementation of that rule. There is nothing contained in the direct final rule amendments that will impose an economic impact on small businesses in any way not considered in the analysis of the May 30, 1996 final rule; this means that the direct final rule amendments have no incremental economic impact on small businesses beyond what was already examined in the final rule. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 29797 D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104–4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any 1 year. Before promulgating a rule for which a written statement is needed, section 205 of the UMRA generally requires us to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows us to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. EPA has determined that the direct final rule amendments do not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any 1 year. The direct final rule amendments apply to affected sources in the printing and publishing industry and clarify and correct errors in the final rule and, therefore, add no additional burden on sources. Thus, the direct final rule amendments are not subject to the requirements of sections 202 and 205 of the UMRA. E. Executive Order 13132, Federalism Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, E:\FR\FM\24MYR1.SGM 24MYR1 29798 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations 1999), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ The direct final rule amendments do not have federalism implications. They will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. No printing and publishing facilities subject to the direct final rule amendments are owned by State or local governments. Therefore, State and local governments will not have any direct compliance costs resulting from the direct final rule amendments. Furthermore, the direct final rule amendments do not require these governments to take on any new responsibilities. Thus, Executive Order 13132 does not apply to the direct final rule amendments. wwhite on PROD1PC61 with RULES F. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ The direct final rule amendments do not have tribal implications as specified in Executive Order 13175. They will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, because we are not aware of any Indian tribal governments or communities affected by the direct final rule amendments. Thus, Executive Order 13175 does not apply to the direct final rule amendments. EPA specifically solicits additional comment on the direct final rule amendments from tribal officials. VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5–501 of the Executive Order has the potential to influence the regulation. The direct final rule amendments are not subject to Executive Order 13045 because they are based on technology performance and not on health or safety risks. H. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use The direct final rule amendments are not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because they are not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) of 1995, Public Law 104– 113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. VCS are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS. These amendments add references to EPA Methods 204 and 204A through F of 40 CFR part 51, appendix M for determining capture efficiency. These methods replace the capture efficiency procedures of appendix B to 40 CFR 52.741 and 40 CFR 52.741(a)(4)(iii)(B). EPA Methods 204 and 204A through F PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 are updated versions of the previously used procedures. Consistent with the NTTAA, EPA conducted searches to identify VCS in addition to these EPA methods. No applicable VCS were identified for EPA Methods 204 and 204A–F. The search and review results have been documented and are placed in the docket for the amendments. EPA test methods included in the rule are specified in 40 CFR 63.827. Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General Provisions, a source may apply to EPA for permission to use alternative test methods or alternative monitoring requirements in place of any of the EPA testing methods, performance specifications, or procedures. J. Congressional Review Act 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 the direct final rule amendments and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to publication of the direct final rule amendments in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. The direct final rule amendments are not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). The direct final rule amendments will be effective on August 22, 2006. List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, and Reporting and recordkeeping requirements. Dated: May 18, 2006. Stephen L. Johnson, Administrator. For the reasons set out in the preamble, Title 40, chapter I, part 63 of the Code of Federal Regulations is amended as follows: I PART 63—[AMENDED] 1. The authority citation for part 63 continues to read as follows: I Authority: 42 U.S.C. 7401, et seq. E:\FR\FM\24MYR1.SGM 24MYR1 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations Subpart KK—[Amended] 2. Section 63.820 is amended by revising paragraph (a)(2) introductory text to read as follows: I § 63.820 Applicability. (a) * * * (2) Each new and existing facility at which publication rotogravure, product and packaging rotogravure, or wide-web flexographic printing presses are operated for which the owner or operator chooses to commit to and meets the criteria of paragraphs (a)(2)(i) and (ii) of this section for purposes of establishing the facility to be an area source of HAP with respect to this subpart. A facility which establishes area source status through some other mechanism, as described in paragraph (a)(7) of this section, is not subject to the provisions of this subpart. * * * * * I 3. Section 63.821 is amended by: I a. Revising paragraphs (a)(1), (a)(2) introductory text, (a)(2)(i), (a)(2)(ii)(A), and (a)(3). I b. Adding paragraphs (a)(4) through (a)(8). I c. Revising paragraphs (b)(1) and (b)(2) to read as follows: wwhite on PROD1PC61 with RULES § 63.821 Designation of Affected Sources. (a) * * * (1) All of the publication rotogravure presses and all related equipment, including proof presses, cylinder and parts cleaners, ink and solvent mixing and storage equipment, and solvent recovery equipment at a facility. (2) All of the product and packaging rotogravure or wide-web flexographic printing presses at a facility plus any other equipment at that facility which the owner or operator chooses to include in accordance with paragraphs (a)(3) or (a)(4) of this section, except (i) Proof presses, unless the owner or operator chooses to include proof presses in the affected source in accordance with paragraph (a)(5) of this section. (ii) * * * (A) the sum of the total mass of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, and other materials applied by the press using product and packaging rotogravure print stations and the total mass of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, and other materials applied by the press using wide-web flexographic print stations in each month never exceeds 5 percent of the total mass of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, and other materials applied by the press in that month, VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 including all inboard and outboard stations; and * * * * * (3) The owner or operator of an affected source, as defined in paragraph (a)(2) of this section, may elect to include in that affected source standalone equipment subject to the following provisions: (i) Stand-alone equipment meeting any of the criteria specified in this subparagraph is eligible for inclusion: (A) The stand-alone equipment and one or more product and packaging rotogravure or wide-web flexographic presses are used to apply solidscontaining materials to the same web or substrate; or (B) The stand-alone equipment and one or more product and packaging rotogravure or wide-web flexographic presses apply a common solidscontaining material; or (C) A common control device is used to control organic HAP emissions from the stand-alone equipment and from one or more product and packaging rotogravure or wide-web flexographic printing presses; (ii) All eligible stand-alone equipment located at the facility is included in the affected source; and (iii) No product and packaging rotogravure or wide-web flexographic presses are excluded from the affected source under the provisions of paragraph (a)(2)(ii) of this section. (4) The owner or operator of an affected source, as defined in paragraph (a)(2) of this section, may elect to include in that affected source narrowweb flexographic presses subject to the following provisions: (i) Each narrow-web flexographic press meeting any of the criteria specified in this subparagraph is eligible for inclusion: (A) The narrow-web flexographic press and one or more product and packaging rotogravure or wide-web flexographic presses are used to apply solids containing material to the same web or substrate; or (B) The narrow-web flexographic press and one or more product and packaging rotogravure or wide-web flexographic presses apply a common solids-containing material; or (C) A common control device is used to control organic HAP emissions from the narrow-web flexographic press and from one or more product and packaging rotogravure or wide-web flexographic presses; and (ii) All eligible narrow-web flexographic presses located at the facility are included in the affected source. PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 29799 (5) The owner or operator of an affected source, as defined in paragraph (a)(2) of this section, may elect to include in that affected source rotogravure proof presses or flexographic proof presses subject to the following provisions: (i) Each proof press meeting any of the criteria specified in this subparagraph is eligible for inclusion. (A) The proof press and one or more product and packaging rotogravure or wide-web flexographic presses apply a common solids-containing material; or (B) A common control device is used to control organic HAP emissions from the proof press and from one or more product and packaging rotogravure or wide-web flexographic presses; and (ii) All eligible proof presses located at the facility are included in the affected source. (6) Affiliated operations such as mixing or dissolving of ink or coating ingredients prior to application; ink or coating mixing for viscosity adjustment, color tint or additive blending, or pH adjustment; cleaning of ink or coating lines and line parts; handling and storage of inks, coatings, and solvents; and conveyance and treatment of wastewater are part of the printing and publishing industry source category, but are not part of the product and packaging rotogravure or wide-web flexographic printing affected source. (7) Other presses are part of the printing and publishing industry source category, but are not part of the publication rotogravure affected source or the product and packaging rotogravure or wide-web flexographic printing affected source and are, therefore, exempt from the requirements of this subpart except as provided in paragraph (a)(3) of this section. (8) Narrow web-flexographic presses are part of the printing and publishing industry source category, but are not part of the publication rotogravure affected source or the product and packaging rotogravure or wide-web flexographic printing affected source and are, therefore, exempt from the requirements of this subpart except as provided in paragraphs (a)(3) through (5) of this section. (b) * * * (1) The owner or operator of the affected source applies no more than 500 kilograms (kg) per month, for every month, of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, and other materials on product and packaging rotogravure or wide-web flexographic printing presses, or (2) The owner or operator of the affected source applies no more than E:\FR\FM\24MYR1.SGM 24MYR1 29800 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations 400 kg per month, for every month, of organic HAP on product and packaging rotogravure or wide-web flexographic printing presses. * * * * * I 4. Section 63.822 is amended by: I a. Adding in alphabetical order in paragraph (a) definitions for ‘‘coating,’’ ‘‘flexible packaging,’’ ‘‘narrow-web flexographic press,’’ ‘‘other press,’’ ‘‘publication rotogravure press,’’ and ‘‘stand-alone equipment.’’ I b. Removing the definitions of ‘‘coating operation,’’ ‘‘coating station,’’ and ‘‘stand-alone coating equipment’’ from paragraph (a). I c. Revising the definitions in paragraph (a) of ‘‘certified product data sheet (CPDS),’’ ‘‘control device efficiency,’’ ‘‘flexographic press,’’ ‘‘flexographic print station,’’ ‘‘printing operation,’’ ‘‘proof press,’’ ‘‘rotogravure press,’’ ‘‘rotogravure print station,’’ and ‘‘work station.’’ I d. Revising paragraph (b)(12). I e. Removing and reserving paragraphs (b)(6), (b)(22), (b)(32), and (b)(36) to read as follows: wwhite on PROD1PC61 with RULES § 63.822 Definitions. (a) * * * * * * * * Certified product data sheet (CPDS) means documentation furnished by suppliers of inks, coatings, varnishes, adhesives, primers, solvents, and other materials or by an independent third party that provides the organic HAP weight fraction of these materials determined in accordance with § 63.827(b), or the volatile matter weight fraction or solids weight fraction determined in accordance with § 63.827(c). A material safety data sheet (MSDS) may serve as a CPDS provided the MSDS meets the data requirements of § 63.827(b) and (c). The purpose of the CPDS is to assist the owner or operator in demonstrating compliance with the emission limitations presented in §§ 63.824–63.825. Coating means material applied onto or impregnated into a substrate for decorative, protective, or functional purposes. Such materials include, but are not limited to, solvent-borne coatings, waterborne coatings, wax coatings, wax laminations, extrusion coatings, extrusion laminations, 100 percent solid adhesives, ultra-violet cured coatings, electron beam cured coatings, hot melt coatings, and cold seal coatings. Materials used to form unsupported substrates such as calendaring of vinyl, blown film, cast film, extruded film, and coextruded film are not considered coatings. * * * * * VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 Control device efficiency means the ratio of organic HAP emissions recovered or destroyed by a control device to the total organic HAP emissions that are introduced into the control device, expressed as a percentage. * * * * * Flexible packaging means any package or part of a package the shape of which can be readily changed. Flexible packaging includes, but is not limited to, bags, pouches, labels, liners and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any combination of these materials. Flexographic press means an unwind or feed section, which may include more than one unwind or feed station (such as on a laminator), a series of individual work stations, one or more of which is a flexographic print station, any dryers (including interstage dryers and overhead tunnel dryers) associated with the work stations, and a rewind, stack, or collection section. The work stations may be oriented vertically, horizontally, or around the circumference of a single large impression cylinder. Inboard and outboard work stations, including those employing any other technology, such as rotogravure, are included if they are capable of printing or coating on the same substrate. A publication rotogravure press with one or more flexographic imprinters is not a flexographic press. Flexographic print station means a print station on which a flexographic printing operation is conducted. A flexographic print station includes an anilox roller that transfers material to a raised image (type or art) on a plate cylinder. The material is then transferred from the image on the plate cylinder to the web or sheet to be printed. A flexographic print station may include a fountain roller to transfer material from the reservoir to the anilox roller, or material may be transferred directly from the reservoir to the anilox roller. The materials applied are of a fluid, rather than paste, consistency. * * * * * Narrow-web flexographic press means a flexographic press that is not capable of printing substrates greater than 18 inches in width and that does not also meet the definition of rotogravure press (i.e., it has no rotogravure print stations). * * * * * Other press means a lithographic press, letterpress press, or screen printing press that does not meet the definition of rotogravure press or PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 flexographic press (i.e., it has no rotogravure print stations and no flexographic print stations), and that does not print on fabric or other textiles as defined in the Printing, Coating, and Dyeing of Fabrics and Other Textiles NESHAP (40 CFR part 63, subpart OOOO), wood furniture components as defined in the Wood Furniture Manufacturing Operations NESHAP (40 CFR part 63, subpart JJ) or wood building products as defined in the Surface Coating of Wood Building Products NESHAP (40 CFR part 63, subpart QQQQ). * * * * * Printing operation means the formation of words, designs, or pictures on a substrate other than wood furniture components as defined in the Wood Furniture Manufacturing Operations NESHAP (40 CFR part 63, subpart JJ), wood building products as defined in the Surface Coating of Wood Building Products NESHAP (40 CFR part 63, subpart QQQQ), and fabric or other textiles as defined in the Printing, Coating, and Dyeing of Fabric and Other Textiles NESHAP (40 CFR part 63, subpart OOOO), except for fabric or other textiles for use in flexible packaging. * * * * * Proof press means any press which prints only non-saleable items used to check the quality of image formation of rotogravure cylinders or flexographic plates; substrates such as paper, plastic film, metal foil, or vinyl; or ink, coating varnish, adhesive, primer, or other solids-containing material. * * * * * Publication rotogravure press means a rotogravure press used for publication rotogravure printing. A publication rotogravure press may include one or more flexographic imprinters. A publication rotogravure press with one or more flexographic imprinters is not a flexographic press. * * * * * Rotogravure press means an unwind or feed section, which may include more than one unwind or feed station (such as on a laminator), a series of individual work stations, one or more of which is a rotogravure print station, any dryers associated with the work stations, and a rewind, stack, or collection section. Inboard and outboard work stations, including those employing any other technology, such as flexography, are included if they are capable of printing or coating on the same substrate. Rotogravure print station means a print station on which a rotogravure printing operation is conducted. A E:\FR\FM\24MYR1.SGM 24MYR1 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations § 63.824 Standards: Publication rotogravure printing. wwhite on PROD1PC61 with RULES * * * * * (b) * * * (1) * * * (i) * * * (A) Measure the mass of each ink, coating, varnish, adhesive, primer, solvent, and other material used by the affected source during the month. * * * * * (ii) * * * (A) Install continuous emission monitors to collect the data necessary to calculate the total organic volatile matter mass flow in the gas stream entering and the total organic volatile matter mass flow in the gas stream exiting the solvent recovery device for each month such that the percent control efficiency (E) of the solvent recovery device can be calculated for the month. This requires continuous emission monitoring of the total organic volatile matter concentration in the gas stream entering the solvent recovery device, the total organic volatile matter VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 concentration in the gas stream exiting the solvent recovery device, and the volumetric gas flow rate through the solvent recovery device. A single continuous volumetric gas flow measurement should be sufficient for a solvent recovery device since the inlet and outlet volumetric gas flow rates for a solvent recovery device are essentially equal. Each month’s individual inlet concentration values and corresponding individual gas flow rate values are multiplied and then summed to get the total organic volatile matter mass flow in the gas stream entering the solvent recovery device for the month. Each month’s individual outlet concentration values and corresponding individual gas flow rate values are multiplied and then summed to get the total organic volatile matter mass flow in the gas stream exiting the solvent recovery device for the month. * * * * * (2) * * * (ii) Use continuous emission monitors, conduct an initial performance test of capture efficiency, and continuously monitor a site specific operating parameter to assure capture efficiency. The percent control efficiency of the oxidizer shall be demonstrated in accordance with the requirements of paragraph (b)(1)(ii) of this section except that separate continuous measurements of the inlet volumetric gas flow rate and the outlet volumetric gas flow rate are required for an oxidizer. (3) * * * (i) Measure the mass of each ink, coating, varnish, adhesive, primer, solvent, and other material used in the affected source during the month. * * * * * I 6. Section 63.825 is amended by: I a. Revising the first sentence of paragraph (b) introductory text. I b. Revising paragraph (b)(6). I c. Revising paragraph (c)(2)(iii). I d. Revising paragraph (d)(1)(iv). I e. Revising paragraph (d)(2) to read as follows: § 63.825 Standards: Product and packaging rotogravure and wide-web flexographic printing. * * * * * (b) Each product and packaging rotogravure or wide-web flexographic printing affected source shall limit organic HAP emissions to no more than 5 percent of the organic HAP applied for the month; or to no more than 4 percent of the mass of inks, coatings, varnishes, adhesives, primers, solvents, reducers, thinners, and other materials applied for the month; or to no more than 20 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 percent of the mass of solids applied for the month; or to a calculated equivalent allowable mass based on the organic HAP and solids contents of the inks, coatings, varnishes, adhesives, primers, solvents, reducers, thinners, and other materials applied for the month. * * * * * * * * (6) Demonstrate that the total monthly organic HAP applied, Happ, as determined by Equation 8, is less than the calculated equivalent allowable organic HAP, Ha, as determined by paragraph (e) of this section. p q i =1 j=1 H app = ∑ M i Chi + ∑ M jChj Eq. 8 Where: Happ = Total monthly organic HAP applied, kg. * * * * * (c) * * * (2) * * * (iii) Install continuous emission monitors to collect the data necessary to calculate the total organic volatile matter mass flow in the gas stream entering and the total organic volatile mass flow in the gas stream exiting the solvent recovery device for each month such that the percent control efficiency (E) of the solvent recovery device can be calculated for the month. This requires continuous emission monitoring of the total organic volatile matter concentration in the gas stream entering the solvent recovery device, the total organic volatile matter concentration in the gas stream exiting the solvent recovery device, and the volumetric gas flow rate through the solvent recovery device. A single continuous volumetric gas flow measurement should be sufficient for a solvent recovery device since the inlet and outlet volumetric gas flow rates for a solvent recovery device are essentially equal. Each month’s individual inlet concentration values and corresponding individual gas flow rate values are multiplied and then summed to get the total organic volatile matter mass flow in the gas stream entering the solvent recovery device for the month. Each month’s individual outlet concentration values and corresponding individual gas flow rate values are multiplied and then summed to get the total organic volatile matter mass flow in the gas stream exiting the solvent recovery device for the month. * * * * * (d) * * * (1) * * * (iv) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, organic HAP emission rate based on materials E:\FR\FM\24MYR1.SGM 24MYR1 ER24MY06.002</MATH> rotogravure print station includes a rotogravure cylinder and supply for ink or other solids containing material. The image (type and art) to be printed is etched or engraved below the surface of the rotogravure cylinder. On a rotogravure cylinder the printing image consists of millions of minute cells. * * * * * Stand-alone equipment means an unwind or feed section, which may include more than one unwind or feed station (such as on a laminator); a series of one or more work stations and any associated dryers; and a rewind, stack, or collection section that is not part of a product and packaging rotogravure or wide-web flexographic press. Standalone equipment is sometimes referred to as ‘‘off-line’’ equipment. * * * * * Work station means a unit on which material is deposited onto a substrate. (b) * * * (6) [Reserved] * * * * * (12) H = the monthly organic HAP emitted, kg. * * * * * (22) [Reserved] * * * * * (32) [Reserved] * * * * * (36) [Reserved] * * * * * I 5. Section 63.824 is amended by revising paragraphs (b)(1)(i)(A), (b)(1)(ii)(A), (b)(2)(ii), and (b)(3)(i) to read as follows: 29801 29802 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations applied, or emission of less than the calculated allowable organic HAP, measure the mass of each ink, coating, varnish, adhesive, primer, solvent, and other material applied on the press or group of presses controlled by a common control device during the month. * * * * * (2) Use continuous emission monitors, conduct an initial performance test of capture efficiency, and continuously monitor a site specific operating parameter to assure capture efficiency. The percent control efficiency of the oxidizer shall be demonstrated in accordance with the requirements of paragraph (c)(2) of this section except that separate continuous volumetric gas flow measurements of the inlet and outlet volumetric gas flow rates are required for an oxidizer. * * * * * I 7. Section 63.827 is amended by: I a. Revising paragraphs (a)(1)(i) and (a)(1)(ii). I b. Revising paragraph (b). I c. Revising paragraph (c). I d. Revising paragraphs (d)(1)(vi) and (d)(1)(viii). I e. Revising paragraphs (e)(1) and (e)(2) to read as follows: wwhite on PROD1PC61 with RULES § 63.827 Performance Test Methods. (a) * * * (1) * * * (i) It is equipped with continuous emission monitors for determining total organic volatile matter concentration and the volumetric gas flow rate, and capture efficiency has been determined in accordance with the requirements of this subpart, such that an overall organic HAP control efficiency can be calculated, and (ii) The continuous emission monitors are used to demonstrate continuous compliance in accordance with § 63.824(b)(1)(ii), § 63.825(b)(2)(ii), § 63.825(c)(2), or § 63.825(d)(2), as applicable, and § 63.828, or * * * * * (b) Determination of the weight fraction organic HAP of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, diluents, and other materials used by a publication rotogravure affected source shall be conducted according to paragraph (b)(1) of this section. Determination of the weight fraction organic HAP of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, diluents, and other materials applied by a product and packaging rotogravure or wide-web flexographic printing affected source shall be conducted according to paragraph (b)(2) of this section. If the VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 weight fraction organic HAP values are not determined using the procedures in paragraphs (b)(1) or (b)(2) of this section, the owner or operator must submit an alternative test method for determining their values for approval by the Administrator in accordance with § 63.7(f). The recovery efficiency of the test method must be determined for all of the target organic HAP and a correction factor, if necessary, must be determined and applied. (1) Each owner or operator of a publication rotogravure affected source shall determine the weight fraction organic HAP of each ink, coating, varnish, adhesive, primer, solvent, and other material used by following one of the procedures in paragraphs (b)(1)(i) through (iii) of this section: (i) The owner or operator may test the material in accordance with Method 311 of appendix A of this part. The Method 311 determination may be performed by the owner or operator of the affected source, the supplier of the material, or an independent third party. The organic HAP content determined by Method 311 must be calculated according to the criteria and procedures in paragraphs (b)(1)(i)(A) through (C) of this section. (A) Include each organic HAP determined to be present at greater than or equal to 0.1 weight percent for Occupational Safety and Health Administration (OSHA)-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and greater than or equal to 1.0 weight percent for other organic HAP compounds. (B) Express the weight fraction of each organic HAP included according to paragraph (b)(1)(i)(A) of this section as a value truncated to four places after the decimal point (for example, 0.3791). (C) Calculate the total weight fraction of organic HAP in the tested material by summing the weight fraction of each organic HAP included according to paragraph (b)(1)(i)(A) of this section and truncating the result to three places after the decimal point (for example, 0.763). (ii) The owner or operator may determine the weight fraction volatile matter of the material in accordance with § 63.827(c)(1) and use this value for the weight fraction organic HAP for all compliance purposes. (iii) The owner or operator may use formulation data to determine the weight fraction organic HAP of a material. Formulation data may be provided to the owner or operator on a CPDS by the supplier of the material or an independent third party. Formulation data may be used provided that the weight fraction organic HAP is calculated according to the criteria and procedures in paragraphs (b)(1)(iii)(A) PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 through (D) of this section. In the event of an inconsistency between the formulation data and the result of Method 311 of appendix A of this part, where the test result is higher, the Method 311 data will take precedence unless, after consultation, the owner or operator can demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. (A) For each raw material used in making the material, include each organic HAP present in that raw material at greater than or equal to 0.1 weight percent for OSHA-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and greater than or equal to 1.0 weight percent for other organic HAP compounds. The weight fraction of each such organic HAP in each raw material must be determined by Method 311 of appendix A of this part, by an alternate method approved by the Administrator, or from a CPDS provided by the raw material supplier or an independent third party. The weight fraction of each such organic HAP in each raw material must be expressed as a value truncated to four places after the decimal point (for example, 0.1291). (B) For each raw material used in making the material, the weight fraction contribution of each organic HAP, which is included according to paragraph (b)(1)(iii)(A) of this section, in that raw material to the weight fraction organic HAP of the material is calculated by multiplying the weight fraction, truncated to four places after the decimal point (for example, 0.1291), of that organic HAP in that raw material times the weight fraction of that raw material, truncated to four places after the decimal point (for example, 0.2246), in the material. The product of each such multiplication is to be truncated to four places after the decimal point (for example, 0.1291 times 0.2246 yields 0.02899586 which truncates to 0.0289). (C) For each organic HAP which is included according to paragraph (b)(1)(iii)(A) of this section, the total weight fraction of that organic HAP in the material is calculated by adding the weight fraction contribution of that organic HAP from each raw material in which that organic HAP is included according to paragraph (b)(1)(iii)(A) of this section. The sum of each such addition must be expressed to four places after the decimal point. (D) The total weight fraction of organic HAP in the material is the sum of the counted individual organic HAP weight fractions. This sum must be truncated to three places after the decimal point (for example, 0.763). (2) Each owner or operator of a product and packaging rotogravure or E:\FR\FM\24MYR1.SGM 24MYR1 wwhite on PROD1PC61 with RULES Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations wide-web flexographic printing affected source shall determine the organic HAP weight fraction of each ink, coating, varnish, adhesive, primer, solvent, and other material applied by following one of the procedures in paragraphs (b)(2)(i) through (iii) of this section: (i) The owner or operator may test the material in accordance with Method 311 of appendix A of this part. The Method 311 determination may be performed by the owner or operator of the affected source, the supplier of the material, or an independent third party. The organic HAP content determined by Method 311 must be calculated according to the criteria and procedures in paragraphs (b)(2)(i)(A) through (C) of this section. (A) Include each organic HAP determined to be present at greater than or equal to 0.1 weight percent for OSHA-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and greater than or equal to 1.0 weight percent for other organic HAP compounds. (B) Express the weight fraction of each organic HAP included according to paragraph (b)(2)(i)(A) of this section as a value truncated to four places after the decimal point (for example, 0.3791). (C) Calculate the total weight fraction of organic HAP in the tested material by summing the weight fraction of each organic HAP included according to paragraph (b)(2)(i)(A) of this section and truncating the result to three places after the decimal point (for example, 0.763). (ii) The owner or operator may determine the weight fraction volatile matter of the material in accordance with § 63.827(c)(2) and use this value for the weight fraction organic HAP for all compliance purposes. (iii) The owner or operator may use formulation data to determine the weight fraction organic HAP of a material. Formulation data may be provided to the owner or operator on a CPDS by the supplier of the material or an independent third party. Formulation data may be used provided that the weight fraction organic HAP is calculated according to the criteria and procedures in paragraphs (b)(2)(iii)(A) through (D) of this section. In the event of an inconsistency between the formulation data and the result of Method 311 of appendix A of this part, where the test result is higher, the Method 311 data will take precedence unless, after consultation, the owner or operator can demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. (A) For each raw material used in making the material, include each organic HAP present in that raw material at greater than or equal to 0.1 weight percent for OSHA-defined VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 carcinogens as specified in 29 CFR 1910.1200(d)(4) and greater than or equal to 1.0 weight percent for other organic HAP compounds. The weight fraction of each such organic HAP in each raw material must be determined by Method 311 of appendix A of this part, by an alternate method approved by the Administrator, or from a CPDS provided by the raw material supplier or an independent third party. The weight fraction of each such organic HAP in each raw material must be expressed as a value truncated to four places after the decimal point (for example, 0.1291). (B) For each raw material used in making the material, the weight fraction contribution of each organic HAP, which is included according to paragraph (b)(2)(iii)(A) of this section, in that raw material to the weight fraction organic HAP of the material is calculated by multiplying the weight fraction, truncated to four places after the decimal point (for example, 0.1291), of that organic HAP in that raw material times the weight fraction of that raw material, truncated to four places after the decimal point (for example, 0.2246), in the material. The product of each such multiplication is truncated to four places after the decimal point (for example, 0.1291 times 0.2246 yields 0.02899586 which truncates to 0.0289). (C) For each organic HAP which is included according to paragraph (b)(2)(iii)(A) of this section, the total weight fraction of that organic HAP in the material is calculated by adding the weight fraction contribution of that organic HAP from each raw material in which that organic HAP is included according to paragraph (b)(2)(iii)(A) of this section. The sum of each such addition must be expressed to four places after the decimal point. (D) The total weight fraction of organic HAP in the material is the sum of the counted individual organic HAP weight fractions. This sum is to be truncated to three places after the decimal point (for example, 0.763). (c) Determination of the weight fraction volatile matter content of inks, coatings, varnishes, adhesives, primers, solvents, reducers, thinners, diluents, and other materials used by a publication rotogravure affected source shall be conducted according to paragraph (c)(1) of this section. Determination of the weight fraction volatile matter content and weight fraction solids content of inks, coatings, varnishes, adhesives, primers, solvents, reducers, thinners, diluents, and other materials applied by a product and packaging rotogravure or wide-web flexographic printing affected source PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 29803 shall be conducted according to paragraph (c)(2) of this section. (1) Each owner or operator of a publication rotogravure affected source shall determine the volatile matter weight fraction of each ink, coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent, and other material used by following the procedures in paragraph (b)(1)(i) of this section, or by using formulation data as described in paragraph (c)(3) of this section. (i) Determine the volatile matter weight fraction of the material using Method 24A of 40 CFR part 60, appendix A. The Method 24A determination may be performed by the owner or operator of the affected source, the supplier of the material, or an independent third party. The Method 24A result shall be truncated to three places after the decimal point (for example, 0.763). If these values cannot be determined using Method 24A, the owner or operator shall submit an alternative technique for determining their values for approval by the Administrator. (2) Each owner or operator of a product and packaging rotogravure or wide-web flexographic printing affected source shall determine the volatile matter weight fraction and solids weight fraction of each ink, coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent, and other material applied by following the procedures in paragraphs (b)(2)(i) and (ii) of this section, or by using formulation data as described in paragraph (c)(3) of this section. (i) Determine the volatile matter weight fraction of the material using Method 24 of 40 CFR part 60, appendix A. The Method 24 determination may be performed by the owner or operator of the affected source, the supplier of the material, or an independent third party. The Method 24 result shall be truncated to three places after the decimal point (for example, 0.763). If these values cannot be determined using Method 24, the owner or operator shall submit an alternative technique for determining their values for approval by the Administrator. (ii) Calculate the solids weight fraction Method 24 result by subtracting the volatile matter weight fraction Method 24 result from 1.000. This calculation may be performed by the owner or operator, the supplier of the material, or an independent third party. (3) The owner or operator may use formulation data to determine the volatile matter weight fraction or solids weight fraction of a material. Formulation data may be provided to E:\FR\FM\24MYR1.SGM 24MYR1 29804 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations (1) * * * (vi) Method 25 of 40 CFR part 60, appendix A, shall be used to determine organic volatile matter concentration, except as provided in paragraphs (d)(1)(vi)(A) through (D) of this section. The owner or operator shall submit notice of the intended test method to the Administrator for approval along with notice of the performance test required under § 63.7(c). The same method must be used for both the inlet and outlet measurements. The owner or operator may use Method 25A of 40 CFR part 60, appendix A, if (A) An exhaust gas organic volatile matter concentration of 50 parts per million by volume (ppmv) or less as carbon is required to comply with the standards of §§ 63.824–63.825, or Eq. 20 (3) An owner or operator complying with §§ 63.824–63.825 through continuous emission monitoring of a control device shall install, calibrate, operate, and maintain continuous emission monitors to measure total organic volatile matter concentration and volumetric gas flow rate in accordance with § 63.824(b)(1)(ii), § 63.825(b)(2)(ii), § 63.825(c)(2), or § 63.825(d)(2), as applicable. * * * * * I 9. Section 63.829 is amended by revising paragraphs (e)(1) and (e)(2) to read as follows: § 63.828 * Monitoring Requirements. (a) * * * VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 § 63.829 Recordkeeping Requirements. * * * * * (e) * * * (1) For each facility which meets the criteria of § 63.821(b)(1), the owner or operator shall maintain records of the total mass of each material applied on product and packaging rotogravure or wide-web flexographic printing presses during each month. (2) For each facility which meets the criteria of § 63.821(b)(2), the owner or operator shall maintain records of the total mass and organic HAP content of each material applied on product and packaging rotogravure or wide-web flexographic printing presses during each month. * * * * * I 10. Section 63.830 is amended by revising paragraph (b)(6) introductory text to read as follows: § 63.830 Reporting Requirements. * * (b) * * * PO 00000 Frm 00044 * Fmt 4700 * Sfmt 4700 (6) A summary report specified in § 63.10(e)(3) of this part shall be submitted on a semi-annual basis (i.e., once every 6-month period). These summary reports are required even if the affected source does not have any control devices or does not take the performance of any control devices into account in demonstrating compliance with the emission limitations in § 63.824 or § 63.825. In addition to a report of operating parameter exceedances as required by § 63.10(e)(3)(i), the summary report shall include, as applicable: * * * * * I 11. Appendix A is amended by revising paragraphs 3.2 and 4.8 to read as follows: Appendix A to Subpart KK of Part 63— Data Quality Objective and Lower Confidence Limit Approaches for Alternative Capture Efficiency Protocols and Test Methods * * * * * 3.2 The DQO calculation is made as follows using Equations 1 and 2:  a  P=  100  x avg    a= t 0.975s n Eq. 1 Eq. 2 Where: a = Distance from the average measured CE value to the endpoints of the 95percent (two-sided) confidence interval for the measured value. E:\FR\FM\24MYR1.SGM 24MYR1 ER24MY06.005</MATH> Where: Mf = Total organic volatile matter mass flow rate, kg/hour (h). Qsd = Volumetric flow rate of gases entering or exiting the control device, as determined according to § 63.827(d)(1)(ii), dry standard cubic meters (dscm)/h. Cc = Concentration of organic compounds as carbon, ppmv. 12.0 = Molecular weight of carbon. 0.0416 = Conversion factor for molar volume, kg-moles per cubic meter (mol/m3) (@ 293 Kelvin (K) and 760 millimeters of mercury (mmHg)). * * * * * (e) * * * (1) You may assume your capture efficiency equals 100 percent if your capture system is a permanent total enclosure (PTE). You must confirm that your capture system is a PTE by demonstrating that it meets the requirements of section 6 of Method 204 of 40 CFR part 51, appendix M, and that all exhaust gases from the enclosure are delivered to a control device. (2) You may determine capture efficiency according to the protocols for testing with temporary total enclosures that are specified in Methods 204 and 204A through F of 40 CFR part 51, appendix M. You may exclude never controlled work stations from such capture efficiency determinations. * * * * * I 8. Section 63.828 is amended by revising paragraph (a)(3) to read as follows: ER24MY06.004</MATH> wwhite on PROD1PC61 with RULES M f = Qsd Cc [12.0] [0.0416] [10−6 ] (B) The organic volatile matter concentration at the inlet to the control system and the required level of control are such to result in exhaust gas organic volatile matter concentrations of 50 ppmv or less as carbon, or (C) Because of the high efficiency of the control device, the anticipated organic volatile matter concentration at the control device exhaust is 50 ppmv or less as carbon, regardless of inlet concentration, or (D) The control device is not an oxidizer. * * * * * (viii) Organic volatile matter mass flow rates shall be determined using Equation 20: ER24MY06.003</MATH> the owner or operator on a CPDS by the supplier of the material or an independent third party. The volatile matter weight fraction and solids weight fraction shall be truncated to three places after the decimal point (for example, 0.763). In the event of any inconsistency between the formulation data and the result of Method 24 or Method 24A of 40 CFR part 60, appendix A, where the test result for volatile matter weight fraction is higher or the test result for solids weight fraction is lower, the applicable test method data will take precedence unless, after consultation, the owner or operator can demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. (d) * * * Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations t0.975 1 or 2 ........................ 3 ................................ 4 ................................ 5 ................................ 6 ................................ 7 ................................ 8 ................................ 9 ................................ 10 .............................. 11 .............................. 12 .............................. 13 .............................. 14 .............................. 15 .............................. 16 .............................. 17 .............................. 18 .............................. 19 .............................. 20 .............................. 21 .............................. t0.90 N/A 4.303 3.182 2.776 2.571 2.447 2.365 2.306 2.262 2.228 2.201 2.179 2.160 2.145 2.131 2.120 2.110 2.101 2.093 2.086 N/A 1.886 1.638 1.533 1.476 1.440 1.415 1.397 1.383 1.372 1.363 1.356 1.350 1.345 1.341 1.337 1.333 1.330 1.328 1.325 * * * * * 4.8 The LCL is calculated at an 80 percent (two-sided) confidence level as follows using Equation 11: LC1 = x avg − t 0.90 s n Eq. 11 Where: LC1 = LCL at an 80-percent (two-sided) confidence level. n = Number of valid test runs. s = Sample standard deviation. t0.90 = t-value at the 80-percent (twosided) confidence level (see Table A–1). xavg = Average measured CE value (calculated from all valid test runs). * * * * * Subpart JJJJ—[Amended] 12. Section 63.3300 is amended by revising paragraph (a) to read as follows: wwhite on PROD1PC61 with RULES I § 63.3300 Which of my emission sources are affected by this subpart? * * * * * (a) Any web coating line that is standalone equipment under subpart KK of VerDate Aug<31>2005 16:41 May 23, 2006 Subpart OOOO—[Amended] 13. Section 63.4281 is amended by: a. Revising paragraph (d) introductory text. I b. Adding paragraphs (d)(4) to read as follows: I I § 63.4281 Am I subject to this subpart? * TABLE A–1.—t-VALUES Number of valid test runs, n this part (National Emission Standards for the Printing and Publishing Industry) which the owner or operator includes in the affected source under subpart KK. * * * * * Jkt 208001 * * * * (d) Web coating lines specified in paragraphs (d)(1) through (4) of this section are not part of the affected source of this subpart. * * * * * (4) Any web coating line that coats or prints fabric or other textiles for use in flexible packaging and that is included in an affected source under subpart KK of this part (National Emission Standards for the Printing and Publishing Industry). * * * * * [FR Doc. 06–4821 Filed 5–23–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration 42 CFR Part 102 RIN 0906—AA60 Smallpox Vaccine Injury Compensation Program: Smallpox (Vaccinia) Vaccine Injury Table Health Resources and Services Administration (HRSA), HHS. ACTION: Adoption of interim final rule as final rule with an amendment. AGENCY: SUMMARY: This document adopts the Smallpox (Vaccinia) Vaccine Injury Table (the Table) Interim Final Rule as the Final Rule with an amendment, as follows: the Final Rule clarifies that, in order for the presumption of causation to apply, the time intervals listed on the Table refer specifically to the period in which the first symptom or manifestation of onset of injury must appear following administration of the smallpox vaccine or exposure to vaccinia, and that the time intervals listed have no relevance to time of diagnosis of the injury. DATES: The Interim Final Rule, published on August 27, 2003, was PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 effective on that date, and is adopted as the Final Rule with an amendment effective May 24, 2006. FOR FURTHER INFORMATION CONTACT: Paul T. Clark, Director, Smallpox Vaccine Injury Compensation Program, Healthcare Systems Bureau, Health Resources and Services Administration, (301) 443–2330. SUPPLEMENTARY INFORMATION: Background The Smallpox Emergency Personnel Protection Act of 2003 (SEPPA), Pub. L. 108–20, 117 Stat. 638, directed the Secretary of Health and Human Services (the Secretary) to establish the Smallpox Vaccine Injury Compensation Program (the Program). Secondary to other payers, the Program provides medical, lost employment income, and death benefits for eligible individuals who sustained covered injuries as a result of receiving smallpox vaccine or other covered countermeasures, or as a result of accidental exposure to vaccinia. Congress appropriated $42 million in fiscal year (FY) 2003 for the administration of, and payment of benefits under, the Program. The Consolidated Appropriations Act of 2005 reduced this appropriation to $22 million. The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006 (Pub. L. 109– 149) further reduced the Program’s appropriation by $10 million to a total of $12 million. Individuals who receive a smallpox vaccination under a Department of Health and Human Services (HHS), State, or local emergency response plan approved by HHS within the period described in the Secretary’s Declaration, and who sustain a covered injury may be eligible for benefits under SEPPA. Individuals who contracted vaccinia through contact with such individuals or other eligible vaccinia contacts and who sustain a covered injury may also be eligible for benefits. In the case of death resulting directly from receipt of the smallpox vaccine or exposure to vaccinia by eligible individuals, certain of their survivors may be considered for death benefits. If an eligible individual who sustained a covered injury dies from another cause before payment of benefits has been made under the Program, the estate may qualify for payment of unreimbursed medical expenses incurred and employment income lost as a result of the covered injury, secondary to other payers. SEPPA directed the Secretary to establish a table identifying adverse effects (including injuries, disabilities, E:\FR\FM\24MYR1.SGM 24MYR1 ER24MY06.006</MATH> n = Number of valid test runs. P = DQO indicator statistic, distance from the average measured CE value to the endpoints of the 95-percent (two-sided) confidence interval, expressed as a percent of the average measured CE value. s = Sample standard deviation. t0.975 = t-value at the 95-percent (twosided) confidence level (see Table A–1). xavg = Average measured CE value (calculated from all valid test runs). xi = The CE value calculated from the ith test run. 29805

Agencies

[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Rules and Regulations]
[Pages 29792-29805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4821]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2004-0441; FRL-8174-5]
RIN 2060-AI66


National Emission Standards for the Printing and Publishing 
Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action on amendments to the 
national emission standards for hazardous air pollutants (NESHAP) for 
the printing and publishing industry which were promulgated on May 30, 
1996, under the authority of section 112 of the Clean Air Act (CAA). 
The direct final rule amendments amend specific provisions in the 
Printing and Publishing Industry NESHAP to resolve issues and questions 
raised after promulgation of the final rule and to correct errors in 
the regulatory text. This action also makes direct final rule 
amendments to the Paper and Other Web Coating NESHAP and the Printing, 
Coating, and Dyeing of Fabric and Other Textiles NESHAP to clarify the 
interaction between these rules and the Printing and Publishing 
Industry NESHAP.

DATES: The direct final rule is effective on August 22, 2006 without 
further notice, unless EPA receives adverse written comment by June 23, 
2006 or by July 10, 2006 if a public hearing is requested by June 5, 
2006. If adverse comments are received, EPA will publish a timely 
withdrawal in the Federal Register indicating which amendments, 
sections or paragraphs will become effective and which are being 
withdrawn due to adverse comment. If anyone contacts EPA requesting to 
speak at a public hearing, a public hearing will be held on June 8, 
2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2004-0441. All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air and Radiation Docket, 
EPA West Building, Room B-102, 1301 Constitution Ave., NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air and Radiation Docket is (202) 566-1742.
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. at the EPA's Environmental Research Center Auditorium, Research 
Triangle Park, NC, or at an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: For further information contact Mr. 
David Salman, EPA, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, Coatings and Chemicals Group (D205-01), 
Research Triangle Park, NC 27711; telephone number (919) 541-0859; fax 
number (919) 541-0246; e-mail address: salman.dave@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

[[Page 29793]]



------------------------------------------------------------------------
                                                        Examples of
           Category                NAICS* code     potentially regulated
                                                         entities
------------------------------------------------------------------------
Industry......................            322212  Folding Paperboard Box
                                                   Manufacturing.
                                          322221  Coated and Laminated
                                                   Packaging Paper and
                                                   Plastics Film
                                                   Manufacturing.
                                          322222  Coated and Laminated
                                                   Paper Manufacturing.
                                          322223  Plastics, Foil, and
                                                   Coated Paper Bag
                                                   Manufacturing.
                                          322224  Uncoated Paper and
                                                   Multiwall Bag
                                                   Manufacturing.
                                          322225  Laminated Aluminum
                                                   Foil Manufacturing
                                                   for Flexible
                                                   Packaging.
                                          323111  Commercial Gravure
                                                   Printing.
                                          323112  Commercial
                                                   Flexographic
                                                   Printing.
                                          323119  Other Commercial
                                                   Printing.
                                          326192  Resilient Floor
                                                   Covering
                                                   Manufacturing.
------------------------------------------------------------------------
* North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria of the rule. If you have 
any questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's direct final NESHAP will also be 
available on the WWW through the Technology Transfer Network (TTN). 
Following the Administrator's signature, a copy of the NESHAP will be 
posted on the TTN's policy and guidance page for newly proposed or 
promulgated rules at https://www.epa.gov/ttn/oarpg/. The TTN at EPA's 
Web site provides information and technology exchange in various areas 
of air pollution control.
    Comments. We are publishing the direct final rule amendments 
without prior proposal because we view the amendments as 
noncontroversial and do not anticipate adverse comments. However, in 
the Proposed Rules section of this Federal Register notice, we are 
publishing a separate document that will serve as the proposal to amend 
the Printing and Publishing Industry NESHAP (40 CFR part 63, subpart 
KK), the Paper and Other Web Coating NESHAP (40 CFR part 63, subpart 
JJJJ), and the Printing, Coating, and Dyeing of Fabric and Other 
Textiles NESHAP (40 CFR part 63, subpart OOOO) if adverse comments are 
filed. Instructions for submitting comments are provided in that 
document. If we receive any adverse comments on one or more distinct 
amendments, we will publish a timely withdrawal in the Federal Register 
informing the public which provisions will become effective, and which 
provisions are being withdrawn due to adverse comment. We will address 
all public comments in a subsequent final rule, should the EPA 
determine to issue one. Any of the distinct amendments in today's 
direct final rule for which we do not receive adverse comment will 
become effective on the previously mentioned date. We will not 
institute a second comment period on the direct final rule amendments. 
Any parties interested in commenting must do so at this time.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the direct final rule amendments is available only by filing 
a petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by July 24, 2006. Under section 307(d)(7)(B) of the 
CAA, only an objection to the direct final rule amendments that was 
raised with reasonable specificity during the period for public comment 
can be raised during judicial review. Moreover, under section 307(b)(2) 
of the CAA, the requirements established by the direct final rule 
amendments may not be challenged separately in any civil or criminal 
proceeding brought by EPA to enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
II. Amendments
    A. Applicability
    B. Designation of Affected Source
    C. Definitions
    D. Standards: Publication Rotogravure Printing
    E. Standards: Product and Packaging Rotogravure and Wide-Web 
Flexographic Printing
    F. Performance Test Methods
    G. Monitoring Requirements
    H. Recordkeeping Requirements
    I. Reporting Requirements
    J. Appendix A to 40 CFR Part 63, Subpart KK
III. Statutory and Executive Order Reviews
    A. Executive Order 12866, Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132, Federalism
    F. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045, Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act.

I. Background

    On May 30 1996, we issued the final NESHAP for the printing and 
publishing industry (61 FR 27140). The final NESHAP established 
standards to control organic hazardous air pollutant (HAP) emissions 
from new and existing publication rotogravure, product and packaging 
rotogravure, and wide-web flexographic printing operations.
    Since promulgation of the rule, various issues and questions have 
been raised by stakeholders and some errors have been identified in the 
regulatory text. Today's action includes direct final rule amendments 
that resolve inconsistencies, clarify language, and add additional 
compliance flexibility. We are also making direct final rule amendments 
to the Paper and Other Web Coating NESHAP (40 CFR part 63, subpart 
JJJJ), and the Printing, Coating, and Dyeing of Fabric and Other 
Textiles NESHAP (40 CFR part 63, subpart OOOO) to clarify the 
interaction between these rules and the Printing and Publishing 
Industry NESHAP (40 CFR part 63, subpart KK). None of the amendments 
will have any discernable effect on the stringency of the rules.

II. Amendments

    The discussion in this section of the preamble pertains to the 
Printing and Publishing Industry NESHAP (40 CFR part 63, subpart KK) 
unless otherwise noted as applying to the Paper and Other Web Coating 
NESHAP (40 CFR part 63, subpart JJJJ) or the Printing, Coating, and 
Dyeing of Fabric and Other Textiles NESHAP (40 CFR part 63, subpart 
OOOO).

[[Page 29794]]

A. Applicability

    The final rule contains a provision which some sources can use to 
establish and maintain themselves as area sources of HAP with respect 
to the Printing and Publishing Industry NESHAP. EPA has received many 
questions about whether this provision in 40 CFR 63.820(a)(2) is an 
optional or mandatory provision for sources that wish to establish and 
maintain themselves as area sources. We have added language to 40 CFR 
63.820(a)(2) to emphasize that this is an optional provision. 
Facilities which establish and maintain themselves as area sources 
through other mechanisms, as described in 40 CFR 63.820(a)(7), are not 
subject to this subpart.

B. Designation of Affected Source

    In 40 CFR 63.821(a)(3), the final rule provides an option for 
including ``stand-alone coating equipment'' in product and packaging 
rotogravure or wide-web flexographic printing affected sources. We have 
amended 40 CFR 63.821(a)(3) to now refer to ``stand-alone equipment'' 
rather than ``stand-alone coating equipment.'' This change provides the 
owner or operator with more flexibility for bringing additional 
equipment into the product and packaging rotogravure or wide-web 
flexographic printing affected source. This may simplify the compliance 
demonstration for some affected sources because they will not need to 
separately quantify the materials used on stand-alone equipment in 
order to exclude them from the compliance demonstration as is necessary 
when stand-alone equipment is not part of the product and packaging 
rotogravure or wide-web flexographic printing affected source. This may 
also simplify the compliance demonstration for affected sources which 
vent emissions from product and packaging rotogravure or wide-web 
flexographic presses and from stand-alone equipment to a common control 
device.
    Consistent with this change, we have also amended 40 CFR 63.3300(a) 
of the Paper and Other Web Coating NESHAP (40 CFR part 63, subpart 
JJJJ) to now refer to ``stand-alone equipment'' rather than ``stand-
alone coating equipment.''
    In response to several requests we have added options in 40 CFR 
63.821(a)(4) for including narrow-web flexographic presses and in 40 
CFR 63.821(a)(5) for including proof presses in product and packaging 
rotogravure or wide-web flexographic printing affected sources. These 
options may simplify the compliance demonstration for some affected 
sources because they will not need to separately quantify the materials 
used on narrow-web flexographic presses or proof presses in order to 
exclude them from the compliance demonstration as is necessary when 
narrow-web flexographic presses and proof presses are not part of the 
product and packaging rotogravure or wide-web flexographic printing 
affected source.
    We have corrected 40 CFR 63.821(a)(2)(ii)(A) to state that the 
total mass of materials applied by the press using product and 
packaging rotogravure ``print'' stations be included in the numerator. 
The final rule incorrectly referred to product and packaging 
rotogravure ``work'' stations in the numerator.
    We have added a new 40 CFR 63.821(a)(6) to clarify that certain 
operations affiliated with product and packaging rotogravure or wide-
web flexographic printing affected sources are part of the printing and 
publishing industry source category, but are not part of the product 
and packaging rotogravure or wide-web flexographic printing affected 
source. These affiliated operations include mixing or dissolving of ink 
or coating ingredients prior to application; ink or coating mixing for 
viscosity adjustment, color tint or additive blending, or pH 
adjustment; cleaning of ink or coating lines and line parts; handling 
and storage of inks, coatings and solvents; and conveyance and 
treatment of wastewater. Including these affiliated operations in the 
printing and publishing source category is consistent with 40 CFR 
63.7985(d)(2) of the Miscellaneous Coating Manufacturing NESHAP (40 CFR 
part 63, subpart HHHHH) which exempts these affiliated operations from 
coverage under that rule. They were excluded from the product and 
packaging rotogravure or wide-web flexographic printing affected source 
in the final rule because they were not within the scope of the data 
collected and used to establish the floor and the maximum achievable 
control technology (MACT) standard for these affected sources.
    These affiliated operations continue to be part of publication 
rotogravure affected sources as described in 40 CFR 63.821(a)(1). The 
material balance records kept for the solvent recovery systems used by 
all publication rotogravure facilities were broader in scope and 
included these affiliated operations. As a result, they form part of 
the basis for the floor and the MACT standard for publication 
rotogravure affected sources.
    We have added a new 40 CFR 63.821(a)(7) to clarify that certain 
lithographic presses, letterpress presses, or screen printing presses, 
referred to in this new paragraph as ``other presses,'' are part of the 
printing and publishing industry source category, but are not part of 
the publication rotogravure affected source or the product and 
packaging rotogravure or wide-web flexographic printing affected source 
unless the owner or operator chooses to include them in the affected 
source as stand-alone equipment as provided in 40 CFR 63.821(a)(3). A 
definition of the term ``other presses'' has been added to the rule.
    Rotogravure, flexography, lithography, letterpress, and screen 
printing were all part of the printing and publishing source category 
in the ``Initial List of Categories of Sources Under Section 112(c)(1) 
of the Clean Air Act Amendments of 1990'' published on July 16, 1992 
(57 FR 31576). The source category was described in detail in 
``Documentation for Developing the Initial Source Category List'' (EPA-
450/3-91-030, July 1992). The publication rotogravure affected source 
in the final rule addresses the publication rotogravure printing 
process. The product and packaging rotogravure or wide-web flexographic 
printing affected source in the final rule addresses the product and 
packaging rotogravure and wide-web flexographic printing processes. 
Lithography, letterpress, and screen printing are different printing 
processes than publication rotogravure, product and packaging 
rotogravure, and flexographic printing. Lithographic, letterpress, and 
screen printing presses that did not also meet the definition of 
rotogravure press or wide-web flexographic press (i.e., that had no 
rotogravure print stations and no wide-web flexographic print 
stations), therefore, were not part of the publication rotogravure 
affected source, or the product and packaging rotogravure or wide-web 
flexographic printing affected source in the final rule.
    We have added a new 40 CFR 63.821(a)(8) to clarify that narrow-web 
flexographic presses are part of the printing and publishing industry 
source category, but are not part of the publication rotogravure 
affected source or the product and packaging rotogravure or wide-web 
flexographic printing affected source unless the owner or operator 
chooses to include them in the product and packaging rotogravure or 
wide-web flexographic printing affected source as provided in 40 CFR 
63.821(a)(3) through (5). The rule did not previously treat narrow-web 
flexographic presses as part of either of these affected sources. We 
are providing the option of including them in the product and packaging 
rotogravure or wide-web flexographic printing affected source because 
this may simplify the compliance

[[Page 29795]]

demonstration for some affected sources that previously had to 
separately quantify the materials used on these presses in order to 
exclude them from the compliance demonstration.
    We have added the word ``affected'' to 40 CFR 63.821(b)(1) and (2) 
to clarify that these paragraphs apply to ``affected sources.''

C. Definitions

    We have added, removed, and revised a number of definitions in the 
rule. These changes add clarity and consistency to the rule.
    We added a definition of ``coating'' to clarify that in addition to 
solvent-borne coatings and waterborne coatings, materials with 100 
percent or near 100 percent solids such as wax coatings, wax 
laminations, extrusion coatings, ultra-violet cured coatings, etc., are 
coatings. Materials used to form unsupported substrates such as 
calendaring of vinyl, blown film, cast film, etc., are not coatings.
    We added a definition of ``flexible packaging.'' This term is used 
in the revised definition of ``printing operation.''
    We added a definition of ``narrow-web flexographic press'' to 
complement the already existing definition of ``wide-web flexographic 
press.''
    We added a definition of ``other press'' to complement the use of 
that term in 40 CFR 63.821(a)(7).
    We added a definition of ``publication rotogravure press'' to 
complement the definition of ``rotogravure press.'' This definition 
clarifies that a publication rotogravure press may include one or more 
flexographic imprinters and that a publication rotogravure press with 
one or more flexographic imprinters is not a flexographic press.
    We added a definition of ``stand-alone equipment'' and removed the 
definition of ``stand-alone coating equipment.'' This change provides 
the owner or operator with additional flexibility for bringing 
additional equipment into the product and packaging rotogravure or 
wide-web flexographic printing affected source. We also removed the 
definitions of ``coating operation'' and ``coating station.'' Since 
these two terms were used only in the definition of stand-alone coating 
equipment and they are not used in the definition of stand-alone 
equipment, these two definitions are no longer needed.
    We revised the definition of ``certified product data sheet'' 
(CPDS) to refer to 40 CFR 63.827(b) rather than to Method 311 or 40 CFR 
63.827(b) since Method 311 is discussed in 40 CFR 63.827(b). We 
included volatile matter weight fraction along with solids weight 
fraction in the reference to 40 CFR 63.827(c) since both of these 
attributes are addressed in 40 CFR 63.827(c). We also explained how a 
material safety data sheet may serve as a CPDS.
    We revised the definition of ``control device efficiency'' to refer 
to organic HAP emissions rather than to HAP emissions. The word 
``organic'' was inadvertently omitted from the original definition.
    We revised the definitions of ``flexographic press'' and 
``rotogravure press'' to clarify that the unwind or feed section may 
contain more than one unwind or feed station. For example, a press that 
prints on paper and then laminates plastic film to the paper will have 
an unwind or feed station for the paper, and an unwind or feed station 
for the plastic that is being laminated to the paper. Both are included 
in the unwind or feed section.
    We revised the definition of ``flexographic print station'' to 
clarify the meaning of the term and to distinguish it from certain 
operations which take place on ``other presses.''
    We revised the definition of ``printing operation'' to include 
fabric or other textiles for use in flexible packaging, and to exclude 
wood furniture components and wood building products. Fabric is printed 
by roller (intaglio), rotary screen, ink jet, and other printing 
techniques. Rotogravure and flexographic printing are not traditional 
fabric printing techniques because the materials used are too fluid. 
Today, there is some rotogravure or flexographic printing of non-woven 
substrates, which may meet the definition of ``fabric'' or ``textile'' 
in the Printing, Coating, and Dyeing of Fabrics and Other Textiles 
NESHAP (40 CFR part 63, subpart OOOO). This includes rotogravure or 
flexographic printing of fabric or other textiles for use in flexible 
packaging which is most appropriately covered by the Printing and 
Publishing Industry NESHAP (40 CFR part 63, subpart KK). Therefore, we 
are including rotogravure or flexographic printing of fabric or other 
textiles for use in flexible packaging in the definition of ``printing 
operation'' in the Printing and Publishing Industry NESHAP.
    Consistent with this change, we have also amended 40 CFR 63.4281 of 
the Printing, Coating, and Dyeing of Fabrics and Other Textiles NESHAP 
(40 CFR part 63, subpart OOOO) by adding a new paragraph (d)(4) which 
states that equipment used to coat or print on fabric or other textiles 
for use in flexible packaging that is included in an affected source 
under the Printing and Publishing Industry NESHAP (40 CFR part 63, 
subpart KK) is not part of an affected source under the Printing, 
Coating, and Dyeing of Fabrics and Other Textiles NESHAP.
    There is some rotogravure printing of wood furniture components and 
wood building products. These wood printing operations are covered by 
the Wood Furniture Manufacturing Operations NESHAP (40 CFR part 63, 
subpart JJ) or the Surface Coating of Wood Building Products NESHAP (40 
CFR part 63, subpart QQQQ). Therefore, we are excluding them from the 
definition of ``printing operation'' in the Printing and Publishing 
Industry NESHAP (40 CFR part 63, subpart KK).
    We revised the definition of ``proof press'' by broadening it to 
include checking the quality of substrates, inks, or other solids-
containing materials. Proof presses sometimes serve these other 
purposes, for example, at a paper mill or ink manufacturing facility.
    We corrected the definition of ``rotogravure print station'' to use 
the term ``print station'' rather than the term ``work station'' in the 
body of the definition and revised this definition to clarify that 
other types of materials that may not be referred to by the supplier or 
by the user as inks can be applied by rotogravure print stations. The 
term ``ink'' in the definition in the final rule was intended to 
include any solids containing material since materials that might be 
characterized by the supplier or by the user as inks, coatings, or 
adhesives are applied on rotogravure print stations.
    We revised the definition of ``work station'' to clarify that work 
stations are present on equipment other than rotogravure or wide-web 
flexographic presses. For example, work stations are present on proof 
presses and stand-alone equipment.
    The symbol H was used in two different ways in the final rule. To 
resolve this inconsistency, we revised the definition of the symbol H 
and changed the symbol used in equation 8 from H to Happ. 
The symbol H is now defined to mean the monthly organic HAP emitted in 
kilograms. The symbol Happ is defined to mean the total 
monthly organic HAP applied in kilograms. Since the symbol 
Happ is only used in equation 8, we have placed the 
definition of Happ immediately after that equation.
    The symbols Ci and MWi were used only in 
equation 20 in the final rule. The definitions of these symbols were 
inconsistent with the manner in which the results of Methods 25 and 25A 
are expressed. The definitions referred to individual organic 
compounds. The results of Methods 25 and 25A, however, are expressed as 
carbon. We

[[Page 29796]]

have added a new symbol Cc for use in equation 20. The 
definition of Cc is consistent with the manner in which the 
results of Methods 25 and 25A are expressed. Since Cc is 
used only in equation 20, we have placed the definition of 
Cc immediately after that equation. The symbols 
MWi and Ci are not needed and have been removed. 
The symbols Mf and Qsd are used only in equation 
20. We have moved the definitions of these symbols to immediately after 
that equation.

D. Standards: Publication Rotogravure Printing

    We revised 40 CFR 63.824(b)(1)(i)(A) and (b)(3)(i) by inserting a 
comma between ``varnish'' and ``adhesive'' to clarify that these are 
two different types of materials.
    We revised 40 CFR 63.824(b)(1)(ii)(A) and (b)(2)(ii) to clarify the 
continuous emission monitoring requirements for solvent recovery 
devices and oxidizers. For solvent recovery devices, a single 
continuous volumetric gas flow measurement should be sufficient since 
the inlet and outlet volumetric gas flow rates for a solvent recovery 
device are essentially equal. For oxidizers, separate continuous 
volumetric gas flow measurements of the inlet and outlet volumetric gas 
flow rates are required.

E. Standards: Product and Packaging Rotogravure and Wide-Web 
Flexographic Printing

    We corrected the first sentence of 40 CFR 63.825(b) introductory 
text to refer to ``organic HAP emissions'' rather than to 
``emissions.''
    We revised 40 CFR 63.825(b)(6) to use the symbol Happ 
instead of H because the symbol H is used with a different meaning 
elsewhere in the final rule. We defined Happ in 40 CFR 
63.825(b)(6) in the same way in which H was previously used in this 
paragraph of the final rule.
    We revised 40 CFR 63.825(c)(2)(iii) and (d)(2) to clarify the 
continuous emission monitoring requirements for solvent recovery 
devices and oxidizers. For solvent recovery devices, a single 
continuous volumetric gas flow measurement should be sufficient since 
the inlet and outlet volumetric gas flow rates for a solvent recovery 
device are essentially equal. For oxidizers, separate continuous 
volumetric gas flow measurements of the inlet and outlet volumetric gas 
flow rates are required.
    We revised 40 CFR 63.825(d)(1)(iv) to refer to a common oxidizer 
rather than a common solvent recovery system because 40 CFR 63.825(d) 
describes compliance demonstration requirements for oxidizers.

F. Performance Test Methods

    We revised 40 CFR 63.827(a)(1)(i) and (ii) to clarify that there 
must be continuous emission monitors for both total organic volatile 
matter concentration and volumetric gas flow rate, and that the 
continuous emission monitoring must be done in accordance with the 
requirements of this subpart. Both concentration and flow data are 
needed to calculate the total organic volatile matter mass flow.
    In 40 CFR 63.827(b) of the final rule, the provisions for using 
manufacturers formulation data for determining organic HAP content 
required the inclusion of all HAP present at a level greater than 0.1 
weight percent in any raw material used. This requirement was based on 
indications from ink and coating manufacturers that they were already 
receiving this level of information from their raw material suppliers. 
A trade association representing certain raw material suppliers 
submitted information showing that ink and coating manufacturers are 
not receiving this level of information from their suppliers. Rather, 
they are receiving information consistent with the requirements of the 
Occupational Safety and Health Administration (OSHA) hazard 
communication standards which require the identification of hazardous 
constituents present at greater than or equal to 0.1 weight percent for 
OSHA-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and 
greater than or equal to 1.0 weight percent for other hazardous 
constituents. We revised 40 CFR 63.827(b) to make it consistent with 
the OSHA hazard communication standards, included some examples, and 
clarified that test data and formulation data can be provided by 
suppliers or independent third parties.
    We revised 40 CFR 63.827(c) by including some examples, specifying 
how to calculate weight solids fraction from volatile matter weight 
fraction, and clarifying that test data and formulation data can be 
provided by suppliers or independent third parties.
    We revised 40 CFR 63.827(d)(1)(vi) to clarify that the same method 
must be used to determine inlet and outlet organic volatile matter 
concentration, and that the 50 parts per million by volume levels for 
Method 25A are expressed on an as carbon basis.
    We revised 40 CFR 63.827(d)(1)(viii) to clarify that the results of 
Methods 25 and 25A are expressed on an as carbon basis and to define 
the symbols used in equation 20 immediately after that equation.
    In 40 CFR 63.827(e)(1) and (2) the final rule referred to the 
capture efficiency procedures in appendix B to 40 CFR 52.741 and 40 CFR 
52.741(a)(4)(iii)(B). We revised 40 CFR 63.827(e)(1) and (2) to refer 
to Methods 204 and 204A through F of 40 CFR part 51, appendix M. These 
methods did not exist when the final rule was published on May 30, 
1996. They are updated versions of the procedures specified in the 
final rule.

G. Monitoring Requirements

    We revised 40 CFR 63.828(a)(3) to clarify that there must be 
continuous emission monitors for both total organic volatile matter 
concentration and volumetric gas flow rate. Both concentration and flow 
data are needed to calculate the total organic volatile matter mass 
flow.

H. Recordkeeping Requirements

    We corrected 40 CFR 63.829(e)(1) and (2) to state that records must 
be kept of the total mass, as opposed to volume, of each material 
applied on product and packaging rotogravure or wide-web flexographic 
printing presses during each month. This is consistent with 40 CFR 
63.821(b)(2) and 40 CFR 63.827(b)(2) which require these measurements 
to be done on a mass basis.

I. Reporting Requirements

    We revised 40 CFR 63.830(b)(6) to clarify that summary reports are 
required even if the affected source does not have any control devices 
or does not take the performance of any control devices into account in 
demonstrating compliance with the emission limitations in 40 CFR 63.824 
or 40 CFR 63.825. As stated in 40 CFR 63.830(b)(6)(i) through (iv), 
these summary reports must include information about various types of 
exceedances. These types of exceedances can occur at sources with or 
without control devices.

J. Appendix A to 40 CFR Part 63, Subpart KK

    We revised appendix A to subpart KK to make several clarifications. 
In paragraph 3.2 of appendix A we have clarified that the confidence 
intervals are two-sided, changed the designation of the table to Table 
A-1, changed the table references to Table A-1, and corrected the table 
entry for 11 valid test runs. In paragraph 4.8 of appendix A we have 
changed the table reference to Table A-1.

[[Page 29797]]

III. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether this regulatory action is ``significant'' and, 
therefore, subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. 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.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is, 
therefore, not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action adds clarifications and corrections to the final standards. 
However, OMB has previously approved the information collection 
requirements contained in the existing regulations (69 FR 3912, January 
27, 2004) under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501, et seq., and has assigned OMB control number 2060-0335 
(EPA ICR No. 1739.04). A copy of the Information Collection Request 
(ICR) may be obtained from Ms. Susan Auby by mail at the Office of 
Environmental Information, Collection Strategies Division (2822), EPA, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at 
auby.susan@epa.gov, or by calling (202) 566-1672. You also may download 
a copy from the internet at https://www.epa.gov/icr. Include the ICR 
number in any correspondence.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9.

C. Regulatory Flexibility Analysis

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with the direct final rule 
amendments.
    For purposes of assessing the impacts of today's direct final rule 
on small entities, small entity is defined as: (1) A small business 
ranging from 500 to 1,000 as defined by the Small Business 
Administration's regulations at 13 CFR 121.201; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impact of today's direct final rule 
amendments on small entities, EPA has concluded that this action will 
not have a significant economic impact on a substantial number of small 
entities. We conducted an assessment of the impact of the May 30, 1996 
final rule on small businesses within the industries affected by that 
rule. This analysis allowed us to conclude that there would not be a 
significant economic impact on a substantial number of small entities 
from the implementation of that rule. There is nothing contained in the 
direct final rule amendments that will impose an economic impact on 
small businesses in any way not considered in the analysis of the May 
30, 1996 final rule; this means that the direct final rule amendments 
have no incremental economic impact on small businesses beyond what was 
already examined in the final rule.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating a rule for which a written statement is 
needed, section 205 of the UMRA generally requires us to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows us to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that the direct final rule amendments do not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any 1 year. The direct final rule 
amendments apply to affected sources in the printing and publishing 
industry and clarify and correct errors in the final rule and, 
therefore, add no additional burden on sources. Thus, the direct final 
rule amendments are not subject to the requirements of sections 202 and 
205 of the UMRA.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10,

[[Page 29798]]

1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    The direct final rule amendments do not have federalism 
implications. They will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. No 
printing and publishing facilities subject to the direct final rule 
amendments are owned by State or local governments. Therefore, State 
and local governments will not have any direct compliance costs 
resulting from the direct final rule amendments. Furthermore, the 
direct final rule amendments do not require these governments to take 
on any new responsibilities. Thus, Executive Order 13132 does not apply 
to the direct final rule amendments.

F. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' The direct final rule 
amendments do not have tribal implications as specified in Executive 
Order 13175. They will not have substantial direct effects on tribal 
governments, on the relationship between the Federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, because we are not 
aware of any Indian tribal governments or communities affected by the 
direct final rule amendments. Thus, Executive Order 13175 does not 
apply to the direct final rule amendments.
    EPA specifically solicits additional comment on the direct final 
rule amendments from tribal officials.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. The direct final rule 
amendments are not subject to Executive Order 13045 because they are 
based on technology performance and not on health or safety risks.

H. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    The direct final rule amendments are not subject to Executive Order 
13211 (66 FR 28355, May 22, 2001) because they are not a significant 
regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995, Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by VCS bodies. The 
NTTAA directs EPA to provide Congress, through OMB, explanations when 
the Agency decides not to use available and applicable VCS.
    These amendments add references to EPA Methods 204 and 204A through 
F of 40 CFR part 51, appendix M for determining capture efficiency. 
These methods replace the capture efficiency procedures of appendix B 
to 40 CFR 52.741 and 40 CFR 52.741(a)(4)(iii)(B). EPA Methods 204 and 
204A through F are updated versions of the previously used procedures.
    Consistent with the NTTAA, EPA conducted searches to identify VCS 
in addition to these EPA methods. No applicable VCS were identified for 
EPA Methods 204 and 204A-F. The search and review results have been 
documented and are placed in the docket for the amendments.
    EPA test methods included in the rule are specified in 40 CFR 
63.827. Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the 
General Provisions, a source may apply to EPA for permission to use 
alternative test methods or alternative monitoring requirements in 
place of any of the EPA testing methods, performance specifications, or 
procedures.

J. Congressional Review Act

    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 the 
direct final rule amendments and other required information to the 
United States Senate, the United States House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the direct final rule amendments in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. The direct final rule amendments are not a ``major rule'' as 
defined by 5 U.S.C. 804(2). The direct final rule amendments will be 
effective on August 22, 2006.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, and Reporting and recordkeeping requirements.

    Dated: May 18, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, Title 40, chapter I, part 63 
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

[[Page 29799]]

Subpart KK--[Amended]

0
2. Section 63.820 is amended by revising paragraph (a)(2) introductory 
text to read as follows:


Sec.  63.820  Applicability.

    (a) * * *
    (2) Each new and existing facility at which publication 
rotogravure, product and packaging rotogravure, or wide-web 
flexographic printing presses are operated for which the owner or 
operator chooses to commit to and meets the criteria of paragraphs 
(a)(2)(i) and (ii) of this section for purposes of establishing the 
facility to be an area source of HAP with respect to this subpart. A 
facility which establishes area source status through some other 
mechanism, as described in paragraph (a)(7) of this section, is not 
subject to the provisions of this subpart.
* * * * *

0
3. Section 63.821 is amended by:
0
a. Revising paragraphs (a)(1), (a)(2) introductory text, (a)(2)(i), 
(a)(2)(ii)(A), and (a)(3).
0
b. Adding paragraphs (a)(4) through (a)(8).
0
c. Revising paragraphs (b)(1) and (b)(2) to read as follows:


Sec.  63.821  Designation of Affected Sources.

    (a) * * *
    (1) All of the publication rotogravure presses and all related 
equipment, including proof presses, cylinder and parts cleaners, ink 
and solvent mixing and storage equipment, and solvent recovery 
equipment at a facility.
    (2) All of the product and packaging rotogravure or wide-web 
flexographic printing presses at a facility plus any other equipment at 
that facility which the owner or operator chooses to include in 
accordance with paragraphs (a)(3) or (a)(4) of this section, except
    (i) Proof presses, unless the owner or operator chooses to include 
proof presses in the affected source in accordance with paragraph 
(a)(5) of this section.
    (ii) * * *
    (A) the sum of the total mass of inks, coatings, varnishes, 
adhesives, primers, solvents, thinners, reducers, and other materials 
applied by the press using product and packaging rotogravure print 
stations and the total mass of inks, coatings, varnishes, adhesives, 
primers, solvents, thinners, reducers, and other materials applied by 
the press using wide-web flexographic print stations in each month 
never exceeds 5 percent of the total mass of inks, coatings, varnishes, 
adhesives, primers, solvents, thinners, reducers, and other materials 
applied by the press in that month, including all inboard and outboard 
stations; and
* * * * *
    (3) The owner or operator of an affected source, as defined in 
paragraph (a)(2) of this section, may elect to include in that affected 
source stand-alone equipment subject to the following provisions:
    (i) Stand-alone equipment meeting any of the criteria specified in 
this subparagraph is eligible for inclusion:
    (A) The stand-alone equipment and one or more product and packaging 
rotogravure or wide-web flexographic presses are used to apply solids-
containing materials to the same web or substrate; or
    (B) The stand-alone equipment and one or more product and packaging 
rotogravure or wide-web flexographic presses apply a common solids-
containing material; or
    (C) A common control device is used to control organic HAP 
emissions from the stand-alone equipment and from one or more product 
and packaging rotogravure or wide-web flexographic printing presses;
    (ii) All eligible stand-alone equipment located at the facility is 
included in the affected source; and
    (iii) No product and packaging rotogravure or wide-web flexographic 
presses are excluded from the affected source under the provisions of 
paragraph (a)(2)(ii) of this section.
    (4) The owner or operator of an affected source, as defined in 
paragraph (a)(2) of this section, may elect to include in that affected 
source narrow-web flexographic presses subject to the following 
provisions:
    (i) Each narrow-web flexographic press meeting any of the criteria 
specified in this subparagraph is eligible for inclusion:
    (A) The narrow-web flexographic press and one or more product and 
packaging rotogravure or wide-web flexographic presses are used to 
apply solids containing material to the same web or substrate; or
    (B) The narrow-web flexographic press and one or more product and 
packaging rotogravure or wide-web flexographic presses apply a common 
solids-containing material; or
    (C) A common control device is used to control organic HAP 
emissions from the narrow-web flexographic press and from one or more 
product and packaging rotogravure or wide-web flexographic presses; and
    (ii) All eligible narrow-web flexographic presses located at the 
facility are included in the affected source.
    (5) The owner or operator of an affected source, as defined in 
paragraph (a)(2) of this section, may elect to include in that affected 
source rotogravure proof presses or flexographic proof presses subject 
to the following provisions:
    (i) Each proof press meeting any of the criteria specified in this 
subparagraph is eligible for inclusion.
    (A) The proof press and one or more product and packaging 
rotogravure or wide-web flexographic presses apply a common solids-
containing material; or
    (B) A common control device is used to control organic HAP 
emissions from the proof press and from one or more product and 
packaging rotogravure or wide-web flexographic presses; and
    (ii) All eligible proof presses located at the facility are 
included in the affected source.
    (6) Affiliated operations such as mixing or dissolving of ink or 
coating ingredients prior to application; ink or coating mixing for 
viscosity adjustment, color tint or additive blending, or pH 
adjustment; cleaning of ink or coating lines and line parts; handling 
and storage of inks, coatings, and solvents; and conveyance and 
treatment of wastewater are part of the printing and publishing 
industry source category, but are not part of the product and packaging 
rotogravure or wide-web flexographic printing affected source.
    (7) Other presses are part of the printing and publishing industry 
source category, but are not part of the publication rotogravure 
affected source or the product and packaging rotogravure or wide-web 
flexographic printing affected source and are, therefore, exempt from 
the requirements of this subpart except as provided in paragraph (a)(3) 
of this section.
    (8) Narrow web-flexographic presses are part of the printing and 
publishing industry source category, but are not part of the 
publication rotogravure affected source or the product and packaging 
rotogravure or wide-web flexographic printing affected source and are, 
therefore, exempt from the requirements of this subpart except as 
provided in paragraphs (a)(3) through (5) of this section.
    (b) * * *
    (1) The owner or operator of the affected source applies no more 
than 500 kilograms (kg) per month, for every month, of inks, coatings, 
varnishes, adhesives, primers, solvents, thinners, reducers, and other 
materials on product and packaging rotogravure or wide-web flexographic 
printing presses, or
    (2) The owner or operator of the affected source applies no more 
than

[[Page 29800]]

400 kg per month, for every month, of organic HAP on product and 
packaging rotogravure or wide-web flexographic printing presses.
* * * * *

0
4. Section 63.822 is amended by:
0
a. Adding in alphabetical order in paragraph (a) definitions for 
``coating,'' ``flexible packaging,'' ``narrow-web flexographic press,'' 
``other press,'' ``publication rotogravure press,'' and ``stand-alone 
equipment.''
0
b. Removing the definitions of ``coating operation,'' ``coating 
station,'' and ``stand-alone coating equipment'' from paragraph (a).
0
c. Revising the definitions in paragraph (a) of ``certified product 
data sheet (CPDS),'' ``control device efficiency,'' ``flexographic 
press,'' ``flexographic print station,'' ``printing operation,'' 
``proof press,'' ``rotogravure press,'' ``rotogravure print station,'' 
and ``work station.''
0
d. Revising paragraph (b)(12).
0
e. Removing and reserving paragraphs (b)(6), (b)(22), (b)(32), and 
(b)(36) to read as follows:


Sec.  63.822  Definitions.

    (a) * * *
* * * * *
    Certified product data sheet (CPDS) means documentation furnished 
by suppliers of inks, coatings, varnishes, adhesives, primers, 
solvents, and other materials or by an independent third party that 
provides the organic HAP weight fraction of these materials determined 
in accordance with Sec.  63.827(b), or the volatile matter weight 
fraction or solids weight fraction determined in accordance with Sec.  
63.827(c). A material safety data sheet (MSDS) may serve as a CPDS 
provided the MSDS meets the data requirements of Sec.  63.827(b) and 
(c). The purpose of the CPDS is to assist the owner or operator in 
demonstrating compliance with the emission limitations presented in 
Sec. Sec.  63.824-63.825.
    Coating means material applied onto or impregnated into a substrate 
for decorative, protective, or functional purposes. Such materials 
include, but are not limited to, solvent-borne coatings, waterborne 
coatings, wax coatings, wax laminations, extrusion coatings, extrusion 
laminations, 100 percent solid adhesives, ultra-violet cured coatings, 
electron beam cured coatings, hot melt coatings, and cold seal 
coatings. Materials used to form unsupported substrates such as 
calendaring of vinyl, blown film, cast film, extruded film, and 
coextruded film are not considered coatings.
* * * * *
    Control device efficiency means the ratio of organic HAP emissions 
recovered or destroyed by a control device to the total organic HAP 
emissions that are introduced into the control device, expressed as a 
percentage.
* * * * *
    Flexible packaging means any package or part of a package the shape 
of which can be readily changed. Flexible packaging includes, but is 
not limited to, bags, pouches, labels, liners and wraps utilizing 
paper, plastic, film, aluminum foil, metalized or coated paper or film, 
or any combination of these materials.
    Flexographic press means an unwind or feed section, which may 
include more than one unwind or feed station (such as on a laminator), 
a series of individual work stations, one or more of which is a 
flexographic print station, any dryers (including interstage dryers and 
overhead tunnel dryers) associated with the work stations, and a 
rewind, stack, or collection section. The work stations may be oriented 
vertically, horizontally, or around the circumference of a single large 
impression cylinder. Inboard and outboard work stations, including 
those employing any other technology, such as rotogravure, are included 
if they are capable of printing or coating on the same substrate. A 
publication rotogravure press with one or more flexographic imprinters 
is not a flexographic press.
    Flexographic print station means a print station on which a 
flexographic printing operation is conducted. A flexographic print 
station includes an anilox roller that transfers material to a raised 
image (type or art) on a plate cylinder. The material is then 
transferred from the image on the plate cylinder to the web or sheet to 
be printed. A flexographic print station may include a fountain roller 
to transfer material from the reservoir to the anilox roller, or 
material may be transferred directly from the reservoir to the anilox 
roller. The materials applied are of a fluid, rather than paste, 
consistency.
* * * * *
    Narrow-web flexographic press means a flexographic press that is 
not capable of printing substrates greater than 18 inches in width and 
that does not also meet the definition of rotogravure press (i.e., it 
has no rotogravure print stations).
* * * * *
    Other press means a lithographic press, letterpress press, or 
screen printing press that does not meet the definition of rotogravure 
press or flexographic press (i.e., it has no rotogravure print stations 
and no flexographic print stations), and that does not print on fabric 
or other textiles as defined in the Printing, Coating, and Dyeing of 
Fabrics and Other Textiles NESHAP (40 CFR part 63, subpart OOOO), wood 
furniture components as defined in the Wood Furniture Manufacturing 
Operations NESHAP (40 CFR part 63, subpart JJ) or wood building 
products as defined in the Surface Coating of Wood Building Products 
NESHAP (40 CFR part 63, subpart QQQQ).
* * * * *
    Printing operation means the formation of words, designs, or 
pictures on a substrate other than wood furniture components as defined 
in the Wood Furniture Manufacturing Operations NESHAP (40 CFR part 63, 
subpart JJ), wood building products as defined in the Surface Coating 
of Wood Building Products NESHAP (40 CFR part 63, subpart QQQQ), and 
fabric or other textiles as defined in the Printing, Coating, and 
Dyeing of Fabric and Other Textiles NESHAP (40 CFR part 63, subpart 
OOOO), except for fabric or other textiles for use in flexible 
packaging.
* * * * *
    Proof press means any press which prints only non-saleable items 
used to check the quality of image formation of rotogravure cylinders 
or flexographic plates; substrates such as paper, plastic film, metal 
foil, or vinyl; or ink, coating varnish, adhesive, primer, or other 
solids-containing material.
* * * * *
    Publication rotogravure press means a rotogravure press used for 
publication rotogravure printing. A publication rotogravure press may 
include one or more flexographic imprinters. A publication rotogravure 
press with one or more flexographic imprinters is not a flexographic 
press.
* * * * *
    Rotogravure press means an unwind or feed section, which may 
include more than one unwind or feed station (such as on a laminator), 
a series of individual work stations, one or more of which is a 
rotogravure print station, any dryers associated with the work 
stations, and a rewind, stack, or collection section. Inboard and 
outboard work stations, including those employing any other technology, 
such as flexography, are included if they are capable of printing or 
coating on the same substrate.
    Rotogravure print station means a print station on which a 
rotogravure printing operation is conducted. A

[[Page 29801]]

rotogravure print station includes a rotogravure cylinder and supply 
for ink or other solids containing material. The image (type and art) 
to be printed is etched or engraved below the surface of the 
rotogravure cylinder. On a rotogravure cylinder the printing image 
consists of millions of minute cells.
* * * * *
    Stand-alone equipment means an unwind or feed section, which may 
include more than one unwind or feed station (such as on a laminator); 
a series of one or more work stations and any associated dryers; and a 
rewind, stack, or collection section that is not part of a product and 
packaging rotogravure or wide-web flexographic press. Stand-alone 
equipment is sometimes referred to as ``off-line'' equipment.
* * * * *
    Work station means a unit on which material is deposited onto a 
substrate.
    (b) * * *
    (6) [Reserved]
* * * * *
    (12) H = the monthly organic HAP emitted, kg.
* * * * *
    (22) [Reserved]
* * * * *
    (32) [Reserved]
* * * * *
    (36) [Reserved]
* * * * *

0
5. Section 63.824 is amended by revising paragraphs (b)(1)(i)(A), 
(b)(1)(ii)(A), (b)(2)(ii), and (b)(3)(i) to read as follows:


Sec.  63.824  Standards: Publication rotogravure printing.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (A) Measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent, and other material used by the affected source during 
the month.
* * * * *
    (ii) * * *
    (A) Install continuous emission monitors to collect the data 
necessary to calculate the total organic volatile matter mass flow in 
the gas stream entering and the total organic volatile matter mass flow 
in the gas stream exiting the solvent recovery device for each month 
such that the percent control efficiency (E) of the solvent recovery 
device can be calculated for the month. This requires continuous 
emission monitoring of the total organic volatile matter concentration 
in the gas stream entering the solvent recovery device, the total 
organic volatile matter concentration in the gas stream exiting the 
solvent recovery device, and the volumetric gas flow rate through the 
solvent recovery device. A single continuous volumetric gas flow 
measurement should be sufficient for a solvent recovery device since 
the inlet and outlet volumetric gas flow rates for a solvent recovery 
device are essentially equal. Each month's individual inlet 
concentration values and corresponding indiv
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