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 : Env ironmental Protection Agency (EPA). ACTION : Direct final rule. SUMMARY : EPA is taking direct final action to approve a State I mplementation Plan (SI P) revision submitted by

the Mary land Department of the Environment (MDE). This SI P revision include s amendments to Mary land’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 f lexible packaging printing
. These amendments will reduce emissions of volatile organic compound (VOC) emissions from flexible packaging printing. Therefore, this revision will help Mary land attain and maintain the national ambient air quality standard ( N AAQS ) for ozone. This action is being taken under the Clean Air Act (CAA).

DATES : This rule is effective on [ In sert date 60 day s after publication in the Federal Register] without further notice, unless EPA receives adverse written commen t by [ In sert date 30 day s after publication in the Federal Register] . I f 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.2

ADDRESSES: Submit y our comments, identified by Docket I D Number EPA - R03 - OAR 2010 - 0484 , by

one of the following methods: A. www.regulations.gov . Follow the on
- line instructions for submitting comments. B. E
- mail: pin o.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 I II, 1650 Arch Street, Philadelphia, Pennsy lvania 19103. D. Hand Delivery : At the previously
- listed EPA Region I II 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 y our comments to Docket I D 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 In formation (CBI ) or other information whose disclosure is restricted by statute. Do not submit information that y ou consider to be CBIor otherwise protected through www.regulations.gov or e - mail. The www.regulations.gov website is an A anony mous access @ sy stem, which means EPA will not know y our identity or contact information unless y ou provide it in the body of y our comment. I f y ou send an e
- mail comment directly to EPA without going through www.regulations.gov , y our e - mail address will be automatically captured and included as part of3

the comment that is placed in the public docket and made available on the I nternet. I f y ou submit an electronic comment, EPA recommends that y ou inclu de y our name and other contact information in the body

of y our comment and with any disk or CD
- ROM y ou submit. I f EPA cannot read y our comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider y our com ment. Electronic files should avoid the use of special characters, any

form of encry

ption, 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 copy righted material, is not placed on the Internet and will be publicly available only

in hard copy

for m. 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 I II, 1650 Arch Street, Philadelphia , Pennsy lvania 19103. Copies of the State submittal are available at the Mary land Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230
. FOR FURTHER INFORMATION CONTACT : Irene Shandruk, (215) 814
- 2166, or by e ma il at shandruk.irene@epa.gov
.
SUPPLEMENTARY INFORMATION: On April 23, 2010, MDE submitted to EPA a SI P revision concerning the adoption of the EPA CTG for flexible packaging printing.4

I. Background S e ction 172(c)(1) of the CAA provides that SI Ps for nonattainment areas must include reasonably

a vailable control measures (RACM), including RACT for sources of emissions. Section 182(b)(2)(A) provides that for certain nonattainment areas, States must revis e their SI Ps 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 contr ol authorities information that should assist them in determining RACT for VOC from flexible package printing facilities. Indeveloping 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.

InDecember 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 addre ssing such emissions, the costs of available co ntrol options, and other items. EPA also published a national emission standard for hazardous air pollutants (NESHAP) for the printing and publishing industry

(40 CFR P art 60, Subpart KK) in May 1996, which i s applicable to5

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 bas is, 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 o riginal 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 r egulation, 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 group ing 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 I I
.6

InSeptember 2006, a fter conducting a review of currently ex isting 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 ty pes of printing processes used by flexible package printing facilities: (1) rotogravure printing; and (2) flexo graphic printing. T here are two main sou rces 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 fr om 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 SI P 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 adopt ed EPA’s CTG stand ards for flexible packaging printing and work practices (see EPA 453/R
- 06
- 003, September 2006). This SI P revision includes amendments to7

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 s tandards 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. I f compliance cannot be achieved through use of the water
- based inks or h igh 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
. A dditional emission standards and requirements for a flexible packaging printing line with potential to emit VOC s of 25 tons or more per y ear are l imiting 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) V enting the dry er exhaust of the line through a control device that is constructed, operated, and maintained to achieve an overall control efficiency of:8  65 percent overall control for a press that was first installed prior to March 14, 1995 and that is con trolled 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 f irst 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 effect ive 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 Mary land’s April 23, 2010 SI P revision meets the CAA requirement to include RACT for sources covered by

the EPA CTG for flexible package printing. Therefore, EPA is approv ing the Mary land SI P revision for adoption of the CTG standards for flexible packaging p rinting
. 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 A Proposed Rules @ section of today = s Federal Register , EPA is publishing a separa te document that will serve as the proposal to approve the SI P revision if adverse comments are filed. This rule will be effective on [ In sert date 60 day s from date of publication in the Federal Register ] without further notice unless EPA9

receives adverse comment by [ In sert date 30 day s from date of publication in the Federal Register ]. I f 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 al l 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. Gener al Requirements Under the Clean Air Act, the Administrator is required to approve a SI P 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, i n reviewing SI P submissions, E PA’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 bey ond 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 p rovisions 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 .) ;10

 does not contain any

unfund ed mandate or significantly or uniquely

affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public L aw 104
- 4) ;
 d oes not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999 );

 is no t a n 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 discretio nary 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).

Inaddition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SI P is not approved to apply in I ndian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or pre empt tribal law. B. Submission to Congress and the Comptroller General11

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 informatio n 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 day s 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 ap propriate circuit by [ I nsert date 60 day s 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 jud icial 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 respo nse 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 direc t final rule and address the comment in the proposed rulemaking. This action pertaining to Maryland’s adoption of the CTG standards for flexible12

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, In corporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

__ September 07, 2010

__ ________ /s/

__________________ Dated: W. C. Early , Acting Regional Administrator, Region I II.13

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 B Mary land 2. I n ' 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 Id entification of plan
. * * * * * (c)* * * EPA
- APPROVED REGUL ATI ONS I N THE MARYL AND SI P 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)14

Code of Maryland administrative regulations (COMAR) citation Title/subject State effective date EPA

approval date Additional

explanation/ citation at 40 CFR 52.1100 26.11.19.10
- 1 Flexible Packaging

Printi ng 4/19/10 [Insert Federal Register publication date] [Insert page number where the document begins] New Regulation

* * * * * * * * * * * *