[Federal Register Volume 62, Number 169 (Tuesday, September 2, 1997)]
[Rules and Regulations]
[Pages 46199-46202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23030]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD040-3018a; FRL-5881-6]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Volatile Organic Compound Emissions From Sheet-Fed
and Web Lithographic Printing and Paper Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the State Implementation Plan (SIP) revisions
submitted by the State of Maryland on July 11, 1995. These revisions
establish volatile organic compound (VOC) emission reduction
requirements for sheet-fed and web lithographic printing operations,
and paper, fabric, vinyl, and other plastic coating operations
throughout the State of Maryland under COMAR 26.11.19 Volatile Organic
Compounds from Specific Processes. EPA is also approving the
administrative changes to Maryland's regulations for VOC emissions from
specific processes. The intended effect of this action is to approve
these provisions into the Maryland SIP, in accordance with the SIP
submittal and revision provisions of the Clean Air Act (the Act). This
action is being taken under section 110 of the Act.
EFFECTIVE DATE: This final rule is effective November 3, 1997 unless by
October 2, 1997, adverse or critical comments are received. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO
and Mobile Sources Section, Mailcode 3AT21, U.S. Environmental
Protection Agency, Region III, 841 Chestnut Building, Philadelphia,
Pennsylvania 19107. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
Air, Radiation, and Toxics Division, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107 and the Maryland Department of the Environment, 2500 Broening
Highway, Baltimore, Maryland 21224.
FOR FURTHER INFORMATION CONTACT: Carolyn M. Donahue, (215) 566-2095, at
the EPA Region III office address listed above, or via e-mail at
donahue.carolyn@epamail.epa.gov. While information may be requested via
e-mail, comments must be submitted in writing to the above Region III
address.
[[Page 46200]]
SUPPLEMENTARY INFORMATION: On July 11, 1995, the Maryland Department of
the Environment (MDE) submitted new and revised regulations to EPA as
State Implementation Plan (SIP) revisions. These regulations control
emissions of VOCs throughout the State. MDE submitted these SIP
revision requests pursuant to the rate-of-progress (ROP) requirements
of section 182 of the Act. Specifically, Maryland has adopted VOC
control measures for lithographic printing operations and paper coating
operations. A more detailed analysis of Maryland's submittal is
contained in the Technical Support Document for this action.
Background
Section 182(b)(1) of the Act requires states with ozone
nonattainment areas classified as moderate or above to reduce VOC
emissions 15% from 1990 baseline levels. States were required to
achieve the 15% VOC emission reduction by 1996. This ROP requirement,
known as the 15% plan, was due to EPA as a SIP revision by November 15,
1993.
In Maryland, 15% plans were required for the Baltimore severe ozone
nonattainment area, the Maryland portion of the Philadelphia severe
ozone nonattainment area, and the Maryland portion of the Metropolitan
Washington, DC serious ozone nonattainment area. Maryland submitted the
required 15% plans to EPA as SIP revisions on July 12, 1995. In these
15% plans, Maryland takes credit for the emission reductions achieved
through the VOC regulations that Maryland submitted as SIP revisions on
July 11, 1995. These regulations must be approved into Maryland's SIP
before the 15% plans can be approved.
Summary of SIP Revisions
State Submittal: COMAR 26.11.19.11 Control of VOC Emissions From Sheet-
Fed and Web Lithographic Printing
This revision establishes standards for lithographic printing
operations from sheet-fed and web printers. EPA approved subsections A,
B, and C of this regulation (59 FR 60908, November 29, 1994) into the
Maryland SIP. On October 18, 1993, Maryland withdrew sections D and E
of the lithographic printing regulation from federal consideration, but
resubmitted the regulation with two sets of amendments on July 11,
1995. The first set of amendments was adopted by the state of Maryland
on July 24, 1991 and effective August 19, 1991. The second set of
amendments was adopted by the State on May 5, 1995 and effective on
June 5, 1995.
General Provisions
This SIP revision applies to regulations .01, .07, .10, and .11
under COMAR 26.11.19 Volatile Organic Compounds from Specific
Processes. Administrative revisions to sections .01, .07, and .10, such
as recodifying term definitions, result from revisions to section .11.
The lithographic printing regulation applies to a person who owns
or operates a lithographic web printing press in any facility where the
actual VOC emissions from all lithographic web printing presses exceed
100 pounds per day, or to a person who owns or operates a sheet-fed
lithographic printing press of a cylinder width 18 inches or greater.
The title of this regulation was amended to ``Lithographic Printing''
from ``Other Miscellaneous Printing and Coating Processes.'' This
regulation does not apply to printing on fabric, metal, or plastic.
Requirements for Sheet-Fed Printers
A person may not use any sheet-fed letter or lithographic printing
press with a cylinder width of 18 inches or greater unless the fountain
solution is refrigerated to maintain a temperature less than 55 deg. F
(if isopropyl alcohol is used). Also, a temperature indicator must be
installed to monitor fountain solution temperature if the solution is
refrigerated, and the fountain solution must contain less than 8.5
percent isopropyl alcohol by weight.
Requirements for Lithographic Web Printers
A person operating a lithographic web printing press shall operate
the press only if the dryer exhaust is ducted to a control device that
is constructed, operated and maintained to achieve an overall control
efficiency of 90 percent or more. Also, isopropyl alcohol must not be
used in the fountain solution.
Requirements for all Lithographic Printing Presses
A person using VOC-containing materials to clean printing presses
is required to store all waste material containing VOC in closed
containers, maintain lids on VOC-containing cleanup materials when not
in use, and participate, upon request by MDE, in the evaluation of non-
VOC and low-VOC cleaning materials when these materials have the
potential to be substitutes for currently used materials. Also, good
operating practices for persons who clean printing equipment must be
established in writing and made available upon request from MDE.
EPA Evaluation: These revisions, which regulate VOC emissions from
lithographic printing operations, will result in significant
enforceable VOC emission reductions. These reductions are needed for
Maryland's 15% plans. EPA has determined that Maryland's regulation,
COMAR 26.11.19.11, Lithographic Printing, as well as the administrative
changes to COMAR 26.11.19.01, .07 and .10, are approvable as SIP
revisions.
State Submittal: Revision to COMAR 26.11.19.07 Control of VOC Emissions
From Paper, Fabric, Vinyl, and Other Plastic Parts Coating
This regulation establishes standards for the application of
coating materials on paper, fabric, vinyl, and other plastic
substances. EPA has previously approved revisions to this regulation on
September 7, 1994 (59 FR 46180) and November 29, 1994 (59 FR 60908).
Requirements for Paper, Fabric and Vinyl Coating
This regulation, COMAR 26.11.19.07.B, applies to a person who
performs web or sheet-fed paper, fabric or vinyl coating at a facility
where the total facility VOC emissions are more than 50 pounds per day.
Requirements for Plastic Parts Coating
Also, a person may not emit more than 20 pounds per day of VOC from
any plastic parts coating installation, unless the coating contains
less than 3 pounds of VOC per gallon of coating minus water. This
revision adds section E to COMAR 26.11.19.07 Paper, Fabric, Vinyl and
Other Plastic Parts Coating.
EPA Evaluation: These revisions, which regulate VOC emissions from
paper, fabric, vinyl and other plastic parts coating operations, will
result in significant enforceable VOC emission reductions. These
reductions are needed for Maryland's 15% plans. EPA has determined that
the revisions to Maryland's regulation COMAR 26.11.19.07 are approvable
as SIP revisions.
EPA is approving these SIP revisions without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revisions
should adverse or critical comments be filed. This action will be
effective November 3, 1997 unless, within 30 days of publication,
adverse or critical comments are received.
[[Page 46201]]
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on November 3, 1997.
Final Action
EPA is approving revisions to the Maryland SIP to establish VOC
control requirements for sheet-fed and web lithographic printing
operations, and paper, fabric, vinyl and other plastic coating
operations. These regulations achieve fully enforceable VOC emission
reductions.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the Regional
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action proposed/promulgated
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
D. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action to approve Maryland's VOC control
regulations for sheet-fed and web lithographic printing and paper
coating must be filed in the United States Court of Appeals for the
appropriate circuit by November 3, 1997. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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.
This action 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: August 15, 1997.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
40 CFR part 52, subpart V of chapter I, title 40 is amended as
follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart V--Maryland
2. Section 52.1070 is amended by adding paragraphs (c) (126) and
(127) to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(126) Revisions to the Maryland State Implementation Plan submitted
on July 11, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 11, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound
regulations in Maryland's air quality regulations, Code of Maryland
Administrative Regulations (COMAR) 26.11.
(B) Revision to COMAR 26.11.19.11 Control of VOC Emissions from
Sheet-Fed and Web Lithographic Printing, adopted by the Secretary of
the Environment on May 5, 1995, and effective on June 5, 1995,
including the following:
(1) Deletion of COMAR 26.11.19.11 title, ``Other Miscellaneous
Printing and Coating Processes'' and addition of new title,
``Lithographic Printing.''
(2) Deletion of COMAR 26.11.19.11.A(4), definition for the term
``plastic parts coating.''
[[Page 46202]]
(3) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts
coating.
(4) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6)
Applicability.
(5) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic
Coating.
(6) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed
Letter or Lithographic Printing.
(7) Addition of new COMAR 26.11.19.11.D Requirements for
Lithographic Web Printing.
(8) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning
Printing Equipment.
(9) Deletion of COMAR 26.11.19.10 title, ``Graphic Arts'' and
addition of new title, ``Flexographic and Rotogravure Printing.''
(10) Deletion of COMAR 26.11.19.10.A(4), definition for the term
``web printing.''
(11) Addition of COMAR 26.11.19.01.B(8), definition for the term
``web printing.''
(ii) Additional Material.
(A) Remainder of July 11, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web
Lithographic Printing.
(127) Revisions to the Maryland State Implementation Plan submitted
on July 11, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 11, 1995 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
(B) Revision to COMAR 26.11.19.07 Control of VOC Emissions from
Paper Coating, adopted by the Secretary of the Environment on May 5,
1995, and effective on June 5, 1995, including the following:
(1) Addition of COMAR 26.11.19.07.A(2-1), definition for the term
``plastic parts coating.''
(2) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric
and vinyl coating.
(3) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic
Coating.
(ii) Additional Material.
(A) Remainder of July 11, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating.
[FR Doc. 97-23030 Filed 8-29-97; 8:45 am]
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