	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2010-0484; FRL-        ]

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.

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
quality standard (NAAQS) for ozone.  This action is being taken under
the Clean Air Act (CAA). 

             

DATES:  This rule is effective on [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  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:

 www.regulations.gov.  Follow the on-line instructions for submitting
comments.

     B.    E-mail:    HYPERLINK "mailto:pino.maria@epa.gov" 
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 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 www.regulations.gov or
e-mail.  The www.regulations.gov website 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
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
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 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   HYPERLINK "mailto:shandruk.irene@epa.gov" 
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 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 [Insert date 60 days from date of publication in the
Federal Register] without further notice unless EPA receives adverse
comment by [Insert date 30 days from date of publication in the Federal
Register].  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 (Public Law 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).

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 [Insert date 60 days from date of
publication of this document in the Federal Register].  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. 

__September 07, 2010__                  		           
________/s/__________________

Dated:                                				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.

*		*		*		*		*

(c)* * *

       EPA-APPROVED REGULATIONS IN THE MARYLAND SIP

Code of Maryland administrative regulations (COMAR) citation	

Title/subject	

State effective date	

EPA approval date	

Additional explanation/

citation at 40 CFR 52.1100  



 *    *    *    *    *    *    *

26.11.19	 Volatile Organic Compounds from Specific Processes            
                                                  



 *    *    *    *    *    *    *

26.11.19.10

	Flexographic and Rotogravure Printing	4/19/10	[Insert Federal Register
publication date]

[Insert page number where the document begins]	Revision to section
.10(B)(2)

26.11.19.10-1

	Flexible Packaging Printing	4/19/10	[Insert Federal Register
publication date]

[Insert page number where the document begins]	New Regulation



 *    *    *    *    *    *    *

*	*	*	*	*

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