National Emission Standards for the Printing and Publishing Industry, 29792-29805 [06-4821]
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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.
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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
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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:
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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:
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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.
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* 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
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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
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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).
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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III. Statutory and Executive Order
Reviews
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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
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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.
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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,
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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.
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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.
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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
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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.
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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:
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§ 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,
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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.
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(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
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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:
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§ 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.
*
*
*
*
*
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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
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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
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§ 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
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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
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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
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:
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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
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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)
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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
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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
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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
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
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
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
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]
-----------------------------------------------------------------------
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