[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Rules and Regulations]
[Pages 26399-26401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12630]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE026-1005; FRL-5820-3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware--Regulation 24--Control of Volatile Organic Compound
Emissions, Section 47--Offset Lithographic Printing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. This revision pertains to
Regulation 24, Control of Volatile Organic Compound Emissions, Section
47--Offset Lithographic Printing. This section establishes volatile
organic compounds (VOCs) emission standards that represent the
reasonably available control technology (RACT) for offset lithographic
printing operations. This action is being taken under section 110 of
the Clean Air Act (CAA).
EFFECTIVE DATE: This final rule is effective on June 13, 1997.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
Air, Radiation, and Toxics Division, Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, Environmental
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460; and
Delaware Department of Natural Resources & Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the
EPA Region III office.
SUPPLEMENTARY INFORMATION:
Background
The Delaware Department of Natural Resources & Environmental
Control (DNREC) submitted a revision to the Delaware SIP on December
19, 1994.
[[Page 26400]]
The revision consisted of amendments to Delaware Regulation 24--Control
of Volatile Organic Compound Emissions which added RACT requirements to
control emissions of VOCs from eight source categories. The entire
State of Delaware is designated nonattainment for ozone. Kent and New
Castle Counties are classified as ``severe,'' and Sussex County is
classified as ``marginal.'' The entire State of Delaware is contained
within the Ozone Transport Region (OTR). Pursuant to section
184(b)(1)(B) of the CAA, for purposes of controlling VOCs from
stationary sources, the Delaware SIP must require that sources in
Sussex County meet, as a minimum, the requirements for areas classified
as ``moderate.'' Delaware is required to impose RACT on a statewide
basis on all major stationary sources of VOC. On January 26, 1996 (61
FR 2419), EPA published a direct final rulemaking approving Delaware's
amendments to Regulation 24--Control of Volatile Organic Compound
Emissions, as RACT for all eight source categories. On January 26, 1996
(61 FR 2464), EPA simultaneously published a Notice of Proposed
Rulemaking (NPR) proposing approval of the amendments to Regulation 24
which provided the opportunity for public comment. On February 26,
1996, EPA received adverse comments on its approval of one section of
Delaware Regulation 24 pertaining to one source category, namely,
Section 47--Offset Lithographic Printing. In accordance with federal
rulemaking procedures, EPA withdrew its final approval of Section 47 in
a notice published on March 26, 1996 (61 FR 13101). EPA stated it would
prepare a separate final rule for Section 47 of Regulation 24 wherein
it would address the comments received on its January 26, 1996
proposal.
EPA's Review of Section 47 of Delaware Regulation 24
EPA reviewed Section 47 of the Delaware's VOC rule using EPA policy
guidance documents: Alternative Control Techniques (ACT) Document--
Offset Lithographic Printing, June 1994, EPA-453/R-94-054; and Draft
Control Techniques Guideline (CTG)--Control of Volatile Organic
Compound Emissions from Offset Lithographic Printing, September 1993,
EPA-453/D-95-001. EPA has determined that Section 47 of Delaware
Regulation 24 is approvable for the purposes of imposing RACT on Offset
Lithographic Printing operations in Delaware.
Response to Public Comments
EPA received one letter of comment on its proposed approval of
Delaware Regulation 24--Section 47 from the Graphics Arts Association.
Those comments are summarized below and EPA responses are provided:
Comment: The commenter states that EPA has not finalized a CTG for
this source category or included a model rule in its ACT. The commenter
includes a history of the Graphic Arts industry's comments on EPA's ACT
and draft CTG, and points to instances where Delaware's regulation
differs from those documents.
Response: Delaware was required by section 182(b)(2)(C) of the CAA
to revise its SIP to impose RACT on all major sources of VOCs
irrespective of the fact that EPA had not issued a final CTG and did
not include a model rule in its ACT for this source category. Although
there may be instances where Delaware's regulation differs from EPA's
guidance documents, EPA has determined that Delaware's regulation
satisfies its obligation under Title I of the CAA to impose RACT on
major sources of VOC.
Comment: The commenter takes issue with the Delaware regulation's
applicability threshold of 15 pounds/day and requests it be amended to
50 tons/year. The commenter argues that while EPA's ACT suggested an
applicability threshold of 15 pounds/day, no justification was provided
by EPA in its ACT.
Response: EPA has determined that the applicability levels in
Delaware's regulation are approvable for offset lithographic printers.
As enacted in 1977, the RACT requirement of the CAA applied to
stationary sources and was not limited in application to ``major''
stationary sources. Hence, many of the CTGs developed under the 1977
CAA include a recommendation that states apply RACT to sources of VOC
that are below the definition of ``major'' sources. A general lower
size cutoff of 15 pounds/day actual VOC emissions without control
devices from all activities in a particular CTG category was suggested
by EPA in other related guidance and adopted into many state
regulations. As amended in 1990, the CAA still requires major and non-
major sources to comply with RACT in accordance with CTGs issued by
EPA. With respect to sources for which EPA has not issued a CTG, the
CAA requires RACT at such major ``non-CTG'' sources. However, States
have the authority to establish limits more stringent than those
required by the CAA. See CAA section 116. Therefore, Delaware may
define its applicability thresholds as it seems necessary and
appropriate. As the relevant CAA's requirements are met by Section 47
of Regulation 24, EPA has no basis to disapprove Delaware's
applicability thresholds. Moreover, the commenter's request that EPA
amend the applicability threshold to 50 tons/year raises a more
fundamental issue. In taking action to approve Delaware's request that
it approve Section 47 of Regulation 24 as a SIP revision, EPA is
exercising its authority under section 110 of the CAA. Section 110 of
the CAA authorizes EPA to approve, disapprove or conditionally approve
a state's submittal to amend its SIP. EPA must act upon the state
submittal as received, and has no authority to amend the state's
request. Lastly it is worth noting that in ozone nonattainment areas
classified as severe, such as Kent and New Castle Counties, a major
stationary source of VOC is defined as a stationary source which emits
25 tons/year. Therefore, if Delaware had selected a 50 ton/year
threshold as the commenter suggests, its RACT regulation for
Lithographic Printers would not satisfy the CAA.
Comment: The commenter suggested deletions and additions to the
Delaware Offset Lithographic Printing Rule on the following sections:
Applicability, Definitions, Standards, Control Devices, Test Methods
and Procedures, and Recordkeeping and Reporting, and Calculations.
Response: EPA has determined that Delaware's rule is consistent
with EPA guidance and policies. Furthermore, as provided above, EPA
must act upon a state submittal as received and has no authority to
amend the state's request.
Other specific requirements of Section 47 and the rationale for
EPA's proposed action are explained in the NPR and will not be restated
here.
Final Action
EPA is approving Delaware's Regulation 24, Section 47--Offset
Lithographic Printing, as a revision to the Delaware SIP.
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.
[[Page 26401]]
Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. 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 CAA
does 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, EPA 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 CAA
forbids EPA to base its actions concerning SIPs on such grounds. Union
Electric Co. versus 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 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 5 U.S.C. 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 must be filed in the United States Court
of Appeals for the appropriate circuit by July 14, 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 on the Delaware Regulation 24, Section 47--
Offset Lithographic 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, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: April 22, 1997.
Stanley Laskowski,
Acting Regional Administrator, Region III.
Chapter I, title 40, of the Code of Federal Regulations 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 I--Delaware
2. Section 52.420 is amended by adding paragraph (c)(55) to read as
follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
(55) Revisions to the Delaware Regulations, Regulation 24, Section
47--Offset Lithographic Printing submitted on December 19, 1994 by the
Delaware Department of Natural Resources & Environmental Control
(DNREC):
(i) Incorporation by reference.
(A) Letter of December 19, 1994 from the Delaware DNREC
transmitting Regulation 24, Section 47--Offset Lithographic Printing,
effective November 29, 1994.
(B) Regulation 24, Section 47--Offset Lithographic Printing,
effective November 29, 1994.
(ii) Additional Material from Delaware's December 19, 1994
submittal pertaining to Section 47 of Regulation 24.
[FR Doc. 97-12630 Filed 5-13-97; 8:45 am]
BILLING CODE 6560-50-P
