Approval and Promulgation of Air Quality Implementation Plans; Maryland; Adoption of Control Techniques Guidelines for Flexible Packaging Printing, 59086-59090 [2010-24000]
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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
paper, film, and foil coatings may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 26,
2010. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action pertaining to Maryland’s
adoption of the CTG standards for
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entry for
COMAR 26.11.19.07 to read as follows:
■
§ 52.1070
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Identification of plan.
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(c) * * *
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EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
Administrative
Regulations
(COMAR) citation
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26.11.19
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26.11.19.07 .............
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4/19/10
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9/27/10 [Insert page number
where the document begins].
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R03–OAR–2010–0484; FRL–9205–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Adoption of Control
Techniques Guidelines for Flexible
Packaging Printing
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a State
SUMMARY:
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Revisions to Section .07A, .07B
and the addition of new Section
.07D.
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BILLING CODE 6560–50–P
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Volatile Organic Compounds From Specific Processes
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[FR Doc. 2010–23980 Filed 9–24–10; 8:45 am]
Additional explanation/citation at
40 CFR 52.1100
EPA approval date
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Paper, fabric, vinyl and other
plastic parts coating.
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State
effective
date
Title/subject
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Implementation Plan (SIP) revision
submitted by the Maryland Department
of the Environment (MDE). This SIP
revision includes amendments to
Maryland’s regulation for Volatile
Organic Compounds from Specific
Processes, and meets the requirement to
adopt Reasonably Available Control
Technology (RACT) for sources covered
by EPA’s Control Techniques
Guidelines (CTG) standards for flexible
packaging printing. These amendments
will reduce emissions of volatile organic
compound (VOC) emissions from
flexible packaging printing. Therefore,
this revision will help Maryland attain
and maintain the national ambient air
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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
quality standard (NAAQS) for ozone.
This action is being taken under the
Clean Air Act (CAA).
DATES: This rule is effective on
November 26, 2010 without further
notice, unless EPA receives adverse
written comment by October 27, 2010.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0484, by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: pino.maria@epa.gov
C. Mail: EPA–R03–OAR–2010–0484,
Maria A. Pino, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0484. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
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you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: On April
23, 2010, MDE submitted to EPA a SIP
revision concerning the adoption of the
EPA CTG for flexible packaging
printing.
I. Background
Section 172(c)(1) of the CAA provides
that SIPs for nonattainment areas must
include reasonably available control
measures (RACM), including RACT for
sources of emissions. Section
182(b)(2)(A) provides that for certain
nonattainment areas, States must revise
their SIPs to include RACT for sources
of VOC emissions covered by a CTG
document issued after November 15,
1990 and prior to the area’s date of
attainment.
The CTG for flexible package printing
is intended to provide state and local air
pollution control authorities
information that should assist them in
determining RACT for VOC from
flexible package printing facilities. In
developing this CTG, EPA, among other
things, evaluated the sources of VOC
emissions from this industry and the
available control approaches for
addressing these emissions, including
the costs of such approaches. Based on
available information and data, EPA
provides recommendations for RACT for
VOC from flexible package printing
facilities.
In December 1978, EPA published a
CTG for graphic arts (rotogravure
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printing and flexographic printing) that
included flexible package printing. The
1978 CTG discusses the flexible package
printing industry, the nature of VOC
emissions from that industry, available
control technologies for addressing such
emissions, the costs of available control
options, and other items. EPA also
published a national emission standard
for hazardous air pollutants (NESHAP)
for the printing and publishing industry
(40 CFR Part 60, Subpart KK) in May
1996, which is applicable to flexible
package printing.
Under section 183(e) of the CAA, EPA
conducted a study of VOC emissions
from the use of consumer and
commercial products to assess their
potential to contribute to levels of ozone
that violate the NAAQS for ozone, and
to establish criteria for regulating VOC
emissions from these products. Section
183(e) of the CAA directs EPA to list for
regulation those categories of products
that account for at least 80 percent of
the VOC emissions, on a reactivityadjusted basis, from consumer and
commercial products in areas that
violate the NAAQS for ozone (i.e., ozone
nonattainment areas), and to divide the
list of categories to be regulated into
four groups.
EPA published the original list of
product categories and the original
schedule that established the four
groups of categories in the Federal
Register on March 23, 1995 (60 FR
15264). Flexible package printing
materials was included in that list. EPA
noted in that notice that EPA may
amend the list of products for
regulation, and the groups of products
for regulation, and the groups of product
categories, in order to achieve an
effective regulatory program in
accordance with the Agency’s discretion
under CAA section 183(e). EPA
published a revised schedule and
grouping on March 18, 1999 (64 FR
13422). EPA again revised the list to
regroup the product categories on
November 17, 2005 (70 FR 69759). On
May 16, 2006 (71 FR 28320), EPA
modified the section 183(e) list and
schedule for regulation by adding one
category and removing one category of
consumer and commercial products.
Flexible package printing materials
remained on the list and are still
included on the current section 183(e)
list under Group II.
In September 2006, after conducting a
review of currently existing state and
local VOC emission reduction
approaches for flexible package
printing, reviewing the 1978 CTG and
the 1996 NESHAP for the printing and
publishing industry (40 CFR part 60,
subpart KK), which is applicable to
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flexible package printing, and taking
into account the information that has
become available since then, EPA
developed a new CTG for flexible
package printing entitled ‘‘Control
Techniques Guidelines for Flexible
Package Printing’’ (Publication No. EPA
453/R–06–003).
Flexible packaging refers to any
package or part of a package the shape
of which can be readily changed. There
are two types of printing processes used
by flexible package printing facilities:
(1) Rotogravure printing; and (2)
flexographic printing. There are two
main sources of VOC emissions from
flexible package printing for both
rotogravure and flexographic: (1)
Evaporation of VOC from inks, coatings,
and adhesives, and (2) evaporation of
VOC from cleaning materials. There are
two approaches to reducing VOC
emissions from inks, coatings, and
adhesives used in the flexible package
printing industry: (1) Adding/improving
add-on controls, and (2) material
reformulation or substitution.
II. Summary of SIP Revision
On April 23, 2010, MDE submitted to
EPA a SIP revision (#10–04) concerning
the adoption of the EPA CTG for flexible
packaging printing. EPA develops CTGs
as guidance on control requirements for
source categories. States can follow the
CTGs or adopt more restrictive
standards. MDE has adopted EPA’s CTG
standards for flexible packaging printing
and work practices (see EPA 453/R–06–
003, September 2006). This SIP revision
includes amendments to COMAR
26.11.19.10 and a new regulation .10–1
under COMAR 26.11.19, Volatile
Organic Compounds from Specific
Processes. This action affects sources
that use flexographic and rotogravure
presses to print flexible packaging
materials.
New regulation COMAR 26.11.19.10–
1 contains the following requirements
and standards for flexible packaging
printing lines: Emissions are either
reduced by using water-based inks that
contain less than 25 percent VOC by
volume of the volatile portion of the ink,
or high solids inks that contain not less
than 60 percent nonvolatiles. If
compliance cannot be achieved through
use of the water-based inks or high
solids inks described above, the source
shall reduce the VOC content of each
ink, or reduce the average VOC content
of inks used at each press as follows:
(a) 60 percent reduction for
flexographic presses;
(b) 65 percent reduction for packaging
rotogravure presses; and
(c) 75 percent reduction for
publication rotogravure presses.
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Additional emission standards and
requirements for a flexible packaging
printing line with potential to emit
VOCs of 25 tons or more per year are
limiting the VOC content of each
flexible packaging coating or limiting
the average VOC content of flexible
packaging coatings of the line to not
more than:
(a) 0.8 lb VOC/lb or kg VOC/kg solids
applied; or
(b) 0.16 lb VOC/lb or kg VOC/kg
materials applied; or
(c) Venting the dryer exhaust of the
line through a control device that is
constructed, operated, and maintained
to achieve an overall control efficiency
of:
• 65 percent overall control for a
press that was first installed prior to
March 14, 1995 and that is controlled by
an add-on air pollution control device
(APCD) whose first installation date was
prior to the effective date.
• 70 percent overall control for a
press that was first installed prior to
March 14, 1995 and that is controlled by
an add-on APCD whose first installation
date was on or after the effective date of
the rule.
• 75 percent overall control for a
press that was first installed on or after
March 14, 1995 and that is controlled by
an add-on APCD whose first installation
date was prior to the effective date of
the rule.
• 80 percent overall control for a
press that was first installed on or after
March 14, 1995 and that is controlled by
an add-on APCD whose first installation
date was on or after the effective date of
the rule.
III. Final Action
Maryland’s April 23, 2010 SIP
revision meets the CAA requirement to
include RACT for sources covered by
the EPA CTG for flexible package
printing. Therefore, EPA is approving
the Maryland SIP revision for adoption
of the CTG standards for flexible
packaging printing. EPA is publishing
this rule without prior proposal because
the Agency views this as a
noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
November 26, 2010 without further
notice unless EPA receives adverse
comment by October 27, 2010. If EPA
receives adverse comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
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will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
List of Subjects in 40 CFR Part 52
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 26,
2010. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action pertaining to Maryland’s
adoption of the CTG standards for
flexible packaging printing may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entry for
COMAR 26.11.19.10 and adding an
entry for COMAR 26.11.19.10–1 to read
as follows:
■
§ 52.1070
*
Identification of plan.
*
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(c)* * *
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*
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
Administrative
Regulations
(COMAR)
citation
*
State effective
date
Title/subject
*
*
26.11.19
*
*
*
*
Flexographic and rotogravure printing ..................
26.11.19.10–1 ...........
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Flexible packaging printing ...................................
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Additional explanation/
citation at 40 CFR
52.1100
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Volatile Organic Compounds from Specific Processes
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26.11.19.10 ...............
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EPA approval date
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September 27, 2010 .....
[Insert page number
where the document
begins].
4/19/10 September 27, 2010 .....
[Insert page number
where the document
begins].
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Revision to section
.10(B)(2).
New Regulation.
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[FR Doc. 2010–24000 Filed 9–24–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2010–0585; FRL–9204–9]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; State of Nevada;
Redesignation of Las Vegas Valley to
Attainment for the Carbon Monoxide
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
revisions include the suspension of a
local wintertime cleaner burning
gasoline rule, and the relaxation of a
State rule governing wintertime gasoline
in Clark County. EPA’s proposed
approval of the redesignation request
and maintenance plan had been made
contingent upon receipt of a
supplemental submittal from the State
of Nevada containing a commitment to
seek reinstatement of the existing vapor
pressure limit in the State wintertime
gasoline rule, if necessary, to implement
the related contingency measure in the
maintenance plan. Nevada has now
submitted, and EPA is today approving,
the necessary commitment as a revision
to the Nevada state implementation
plan.
Effective Date: This rule is
effective on September 27, 2010.
DATES:
EPA is taking final action to
approve the State of Nevada’s request to
redesignate to attainment the Las Vegas
Valley nonattainment area for the
carbon monoxide national ambient air
quality standard. EPA is also taking
final action to approve the carbon
monoxide maintenance plan and motor
vehicle emissions budgets for the area,
as well as certain additional revisions to
the Nevada state implementation plan
that relate to Las Vegas Valley. These
SUMMARY:
EPA has established docket
number EPA–R09–OAR–2010–0585 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
ADDRESSES:
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Karina O’Connor, EPA Region IX, (775)
833–1276, oconnor.karina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. This
supplementary information is organized
as follows:
Table of Contents
I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 29, 2010 (75 FR 44734), we
proposed to approve the Nevada
Division of Environmental Protection’s
(NDEP’s) request to redesignate to
attainment the Las Vegas Valley 1 carbon
monoxide (CO) nonattainment area
located within Clark County, Nevada,
and related revisions to the Nevada state
implementation plan (SIP). The specific
SIP revision submittals that we
proposed to approve are listed in the
following table:
Plan or rule
Adoption date(s)
State of Nevada submittal date(s)
Carbon Monoxide Redesignation Request and Maintenance Plan, Las
Vegas Valley Nonattainment Area, Clark County, Nevada (September 2008).
Clark County Air Quality Regulations, Section 54 (‘‘Cleaner Burning
Gasoline (CBG): Wintertime Program’’) (Suspended).
Adopted by the Clark County
Board of Commissioners on
September 2, 2008.
Adopted by the Clark County
Board of Commissioners on
September 15, 2009, effective
September 29, 2009.
Adopted by the Nevada Board of
Agriculture on December 9,
2009, effective January 28,
2010.
Submitted by NDEP by letter
dated September 18, 2008.
mstockstill on DSKH9S0YB1PROD with RULES
Nevada Administrative Code (NAC) section 590.065 (amended) ..........
Submitted by NDEP by
dated March 26, 2010.
letter
Submitted by NDEP by
dated March 26, 2010.
letter
We proposed to approve NDEP’s
redesignation request because we found
that the area meets all of the criteria for
redesignation under section
107(d)(3)(E)(i) through (v) of the Clean
Air Act (CAA or ‘‘Act’’), as discussed in
the following paragraphs.
• Based on our review of the
monitoring network and complete,
quality-assured data for 2008–2009 up
to the present time, we proposed to find
that Las Vegas Valley has attained, and
continues to attain, the CO standard and
thus meets the criterion for
redesignation set forth in section
107(d)(3)(E)(i). See the July 29, 2010
proposed rule at pages 44738–44739.
• Based on our review of previous
rulemakings approving various rules
and plans affecting the Las Vegas Valley
CO nonattainment area, we proposed to
find that, with the sole exception of the
CO milestone requirement, the area has
a fully approved SIP under CAA section
110(k) that meets all of the applicable
requirements under CAA section 110
and part D for the purposes of
redesignation and thereby meets the
criteria for redesignation under CAA
section 107(d)(3)(E)(ii) and (v). See the
July 29, 2010 proposed rule at pages
44739–44743. With respect to the CO
milestone requirement under CAA
section 187(d), we proposed to adapt to
CO nonattainment areas the provisions
of our Clean Data Policy, which was
initially established for ozone (see
discussion at 75 FR 44742). Under the
Clean Data Policy, certain CAA Part D
1 Specifically, the Las Vegas Valley CO
nonattainment area is defined by reference to State
hydrographic area #212. See 40 CFR 81.329. The
Las Vegas Valley encompasses roughly 1,500 square
miles within Clark County and includes the cities
of Las Vegas, North Las Vegas, and Henderson.
Roughly two million people reside in Clark County,
mostly within Las Vegas Valley. NDEP is the state
agency under state law that is responsible for SIP
matters for the State of Nevada. Within Clark
County, the Clark County Board of Commissioners,
acting through the Department of Air Quality and
Environmental Management (DAQEM), is
empowered under state law to develop air quality
plans and to regulate stationary sources within the
county with the exception of certain types of power
plants, which lie exclusively within the jurisdiction
of NDEP.
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]]>Agencies
[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59086-59090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24000]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0484; FRL-9205-9]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Adoption of Control Techniques Guidelines for Flexible
Packaging Printing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Maryland Department
of the Environment (MDE). This SIP revision includes amendments to
Maryland's regulation for Volatile Organic Compounds from Specific
Processes, and meets the requirement to adopt Reasonably Available
Control Technology (RACT) for sources covered by EPA's Control
Techniques Guidelines (CTG) standards for flexible packaging printing.
These amendments will reduce emissions of volatile organic compound
(VOC) emissions from flexible packaging printing. Therefore, this
revision will help Maryland attain and maintain the national ambient
air
[[Page 59087]]
quality standard (NAAQS) for ozone. This action is being taken under
the Clean Air Act (CAA).
DATES: This rule is effective on November 26, 2010 without further
notice, unless EPA receives adverse written comment by October 27,
2010. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0484, by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: pino.maria@epa.gov
C. Mail: EPA-R03-OAR-2010-0484, Maria A. Pino, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0484. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland
21230.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: On April 23, 2010, MDE submitted to EPA a
SIP revision concerning the adoption of the EPA CTG for flexible
packaging printing.
I. Background
Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including RACT for sources of emissions. Section 182(b)(2)(A) provides
that for certain nonattainment areas, States must revise their SIPs to
include RACT for sources of VOC emissions covered by a CTG document
issued after November 15, 1990 and prior to the area's date of
attainment.
The CTG for flexible package printing is intended to provide state
and local air pollution control authorities information that should
assist them in determining RACT for VOC from flexible package printing
facilities. In developing this CTG, EPA, among other things, evaluated
the sources of VOC emissions from this industry and the available
control approaches for addressing these emissions, including the costs
of such approaches. Based on available information and data, EPA
provides recommendations for RACT for VOC from flexible package
printing facilities.
In December 1978, EPA published a CTG for graphic arts (rotogravure
printing and flexographic printing) that included flexible package
printing. The 1978 CTG discusses the flexible package printing
industry, the nature of VOC emissions from that industry, available
control technologies for addressing such emissions, the costs of
available control options, and other items. EPA also published a
national emission standard for hazardous air pollutants (NESHAP) for
the printing and publishing industry (40 CFR Part 60, Subpart KK) in
May 1996, which is applicable to flexible package printing.
Under section 183(e) of the CAA, EPA conducted a study of VOC
emissions from the use of consumer and commercial products to assess
their potential to contribute to levels of ozone that violate the NAAQS
for ozone, and to establish criteria for regulating VOC emissions from
these products. Section 183(e) of the CAA directs EPA to list for
regulation those categories of products that account for at least 80
percent of the VOC emissions, on a reactivity-adjusted basis, from
consumer and commercial products in areas that violate the NAAQS for
ozone (i.e., ozone nonattainment areas), and to divide the list of
categories to be regulated into four groups.
EPA published the original list of product categories and the
original schedule that established the four groups of categories in the
Federal Register on March 23, 1995 (60 FR 15264). Flexible package
printing materials was included in that list. EPA noted in that notice
that EPA may amend the list of products for regulation, and the groups
of products for regulation, and the groups of product categories, in
order to achieve an effective regulatory program in accordance with the
Agency's discretion under CAA section 183(e). EPA published a revised
schedule and grouping on March 18, 1999 (64 FR 13422). EPA again
revised the list to regroup the product categories on November 17, 2005
(70 FR 69759). On May 16, 2006 (71 FR 28320), EPA modified the section
183(e) list and schedule for regulation by adding one category and
removing one category of consumer and commercial products. Flexible
package printing materials remained on the list and are still included
on the current section 183(e) list under Group II.
In September 2006, after conducting a review of currently existing
state and local VOC emission reduction approaches for flexible package
printing, reviewing the 1978 CTG and the 1996 NESHAP for the printing
and publishing industry (40 CFR part 60, subpart KK), which is
applicable to
[[Page 59088]]
flexible package printing, and taking into account the information that
has become available since then, EPA developed a new CTG for flexible
package printing entitled ``Control Techniques Guidelines for Flexible
Package Printing'' (Publication No. EPA 453/R-06-003).
Flexible packaging refers to any package or part of a package the
shape of which can be readily changed. There are two types of printing
processes used by flexible package printing facilities: (1) Rotogravure
printing; and (2) flexographic printing. There are two main sources of
VOC emissions from flexible package printing for both rotogravure and
flexographic: (1) Evaporation of VOC from inks, coatings, and
adhesives, and (2) evaporation of VOC from cleaning materials. There
are two approaches to reducing VOC emissions from inks, coatings, and
adhesives used in the flexible package printing industry: (1) Adding/
improving add-on controls, and (2) material reformulation or
substitution.
II. Summary of SIP Revision
On April 23, 2010, MDE submitted to EPA a SIP revision
(10-04) concerning the adoption of the EPA CTG for flexible
packaging printing. EPA develops CTGs as guidance on control
requirements for source categories. States can follow the CTGs or adopt
more restrictive standards. MDE has adopted EPA's CTG standards for
flexible packaging printing and work practices (see EPA 453/R-06-003,
September 2006). This SIP revision includes amendments to COMAR
26.11.19.10 and a new regulation .10-1 under COMAR 26.11.19, Volatile
Organic Compounds from Specific Processes. This action affects sources
that use flexographic and rotogravure presses to print flexible
packaging materials.
New regulation COMAR 26.11.19.10-1 contains the following
requirements and standards for flexible packaging printing lines:
Emissions are either reduced by using water-based inks that contain
less than 25 percent VOC by volume of the volatile portion of the ink,
or high solids inks that contain not less than 60 percent nonvolatiles.
If compliance cannot be achieved through use of the water-based inks or
high solids inks described above, the source shall reduce the VOC
content of each ink, or reduce the average VOC content of inks used at
each press as follows:
(a) 60 percent reduction for flexographic presses;
(b) 65 percent reduction for packaging rotogravure presses; and
(c) 75 percent reduction for publication rotogravure presses.
Additional emission standards and requirements for a flexible
packaging printing line with potential to emit VOCs of 25 tons or more
per year are limiting the VOC content of each flexible packaging
coating or limiting the average VOC content of flexible packaging
coatings of the line to not more than:
(a) 0.8 lb VOC/lb or kg VOC/kg solids applied; or
(b) 0.16 lb VOC/lb or kg VOC/kg materials applied; or
(c) Venting the dryer exhaust of the line through a control device
that is constructed, operated, and maintained to achieve an overall
control efficiency of:
65 percent overall control for a press that was first
installed prior to March 14, 1995 and that is controlled by an add-on
air pollution control device (APCD) whose first installation date was
prior to the effective date.
70 percent overall control for a press that was first
installed prior to March 14, 1995 and that is controlled by an add-on
APCD whose first installation date was on or after the effective date
of the rule.
75 percent overall control for a press that was first
installed on or after March 14, 1995 and that is controlled by an add-
on APCD whose first installation date was prior to the effective date
of the rule.
80 percent overall control for a press that was first
installed on or after March 14, 1995 and that is controlled by an add-
on APCD whose first installation date was on or after the effective
date of the rule.
III. Final Action
Maryland's April 23, 2010 SIP revision meets the CAA requirement to
include RACT for sources covered by the EPA CTG for flexible package
printing. Therefore, EPA is approving the Maryland SIP revision for
adoption of the CTG standards for flexible packaging printing. EPA is
publishing this rule without prior proposal because the Agency views
this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on November 26, 2010 without further notice
unless EPA receives adverse comment by October 27, 2010. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
[[Page 59089]]
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 26, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action pertaining to Maryland's adoption
of the CTG standards for flexible packaging printing may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR 26.11.19.10 and adding an entry for COMAR
26.11.19.10-1 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c)* * *
EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland State explanation/
Administrative Regulations Title/subject effective date EPA approval date citation at 40 CFR
(COMAR) citation 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.19 Volatile Organic Compounds from Specific Processes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.19.10................... Flexographic and 4/19/10 September 27, 2010 Revision to
rotogravure printing. [Insert page section
number where the .10(B)(2).
document begins].
26.11.19.10-1................. Flexible packaging 4/19/10 September 27, 2010 New Regulation.
printing. [Insert page
number where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 59090]]
* * * * *
[FR Doc. 2010-24000 Filed 9-24-10; 8:45 am]
BILLING CODE 6560-50-P
