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[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Rules and Regulations]
[Pages 72626-72627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30159]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0603; FRL-9493-1]

Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Amendments to the Control of Volatile Organic Compound 
Emissions From Offset Lithographic Printing and Letterpress 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. The SIP revision amends the control 
of volatile organic compound (VOC) emissions from offset lithographic 
printing and letterpress printing. EPA is approving this SIP revision 
to meet the requirements of a reasonably available control technology 
(RACT) rule for the offset lithographic printing and letterpress 
printing control technique guideline (CTG) category in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on December 27, 
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0603. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (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 through http://www.regulations.gov or in hard copy for public inspection 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 
Delaware Department of Natural Resources and Environmental Control, 89 
Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by 
email at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 23, 2011 (76 FR 59089), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed 
approval of a regulation that amends the control of VOC emissions from 
offset lithographic printing and letterpress printing (7 DE Admin Code 
1124, Section 47.0). The purpose of this SIP revision is to conform to 
the new CTG issued by EPA in September 2006 (EPA-453/R-06-002) for the 
offset lithographic printing industry by adding control requirements 
for letterpress printing operations. The formal SIP revision that 
reflects the new requirements was submitted by the Delaware Department 
of Natural Resources and Environmental Control (DNREC) on May 25, 2011.

II. Summary of SIP Revision

    DNREC's SIP revision to Section 47.0 expands the control of VOC 
emissions to include letterpress printing presses and sets up a new and 
more stringent 95 percent reduction standard for those control systems 
installed after April 11, 2011 (effective date of the SIP revision). 
Amendments to Section 47.0 also include specifying a one-year 
transition period for facilities to comply with the new requirements 
and providing flexibility for facilities to locate unspecified 
temperature monitoring devices for control systems. Other specific 
requirements of Section 47.0 and the rationale for EPA's proposed 
action are explained in the NPR and will not be restated here. No 
public comments were received on the NPR.

III. Final Action

    EPA is approving the control of VOC emissions from offset 
lithographic printing and letterpress printing (7 DE Admin Code 1124, 
Section 47.0) as a revision to the Delaware SIP. This SIP revision 
meets the requirements of a RACT rule for the offset lithographic 
printing and letterpress printing CTG category.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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

[[Page 72627]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 24, 2012. 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. This action, pertaining to Delaware's control of VOC emissions 
from offset lithographic printing and letterpress 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: November 4, 2011.
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 I-- Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by revising 
the entry for Regulation 1124, Section 47.0 to read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
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                                                            State
State regulation  (7 DNREC 1100)      Title/subject       effective     EPA approval date        Additional
                                                             date                                explanation
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                                                  * * * * * * *
              1124                                Control of Volatile Organic Compound Emissions
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Section 47.0....................  Offset Lithographic        4/11/11  11/25/11 [Insert      Amendments to
                                   Printing and                        page number where     Sections 47.1
                                   Letterpress Printing.               the document          through 47.6 to
                                                                       begins].              include control
                                                                                             requirements for
                                                                                             letterpress
                                                                                             printing.
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[FR Doc. 2011-30159 Filed 11-23-11; 8:45 am]
BILLING CODE 6560-50-P
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