MEMORANDUM

TO: Board of Environmental Protection FROM: Jeff Crawford, Bureau ofAir Quality DATE: RE: June 17,2010 Adoption of Proposed Ru le: Chapter 154 Control ofVolatile Organic Compounds from Flexible Package Printing 

### ****************************************************************************** Statutory and Regulatory Reference: 

### A. Statutory authority. 38 MRSA Section 585-A provides that the Board of Environmental Protection "may establish and amend regulations to implement ambient air quality standards and emission standards. These regulations shall be designed to achieve and maintain ambient a i r quality standards and em i ssion standards within any region and prevent air pollution. " 

### B. Specific legal mandates requiring adoption. Section 1 84 of the Clean Air Act requires states to implement or update reasonably available control technology (RACT) controls on all major VOC and NOx emission sources and on source categories covered by a Control Technique Guideline (CTG) document. EPA defines RACT as the lowest emission limit that a particular sou rc e is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility

. In September 2006, EPA p ublished a CTG for Flexible Package Printers t hat recommends control options for this source category. Location/ Applicability: The proposed regulations will apply statewide. Description: The Department is proposing this rule as part of its effort to satisfy the RACT requirements mandated under the CAA and regulations related to the 1997 8-hour ozone NAAQS. According to the EPA's Final Rule to Implement the 8-Hour Ozone NAAQS (70 FR 71612, November 29, 2005) , areas classified as "moderate " nonattainment or higher must subm it a demonstration, as a revision to the SIP, tha t their current rules fulfill 8-hour ozone RACT requirements for all CTG categories and all major, non-CTG sources. This demonstration can be made with either a new RACT determination or a certification that previously-requ ired RACT controls represent RACT for the 8-hour ozone NAAQS. For those cases in which states have new stationary sources not covered by existing RACT regulations, or when new data or technical information indicates that a previously adopted RACTmeasure does not represent a newly- avai lable RACT control level , stat es are required to update their rules. Discussion: The proposed rule was posted to a 30-day p ublic comment pe ri od, during w hi ch the Department received comments from two parties. Based on the se comments, the Departmen t amend ed its or igi nal proposal in the following areas: Applicability : The rule was amended to exc lude quality ass urance/qual i ty control and research development activities from the work practice requirem e nts con tained in Section 4. Definitions: The Department added a definition for quality control / quality assurance operations a nd research and develop ment pur poses. Work practice s: The wo rk practice require ments of Section 4 were amended to ap ply t o ad hesives , in add i tion to i nks and coatings. Rccordkcep ing : The r ecordkeeping prov i s i o n s of Section 5 were amended t o: ( 1) apply to t he use of adhesives , in addit ion to inks and coati ngs; (2) inc lu de a provi sion r equ iring facilities with emiss i ons below the applicabi lity threshold to calcu late thei r em i ss ions before the applicat io n of control devices ; (3) revise the recordkeeping r e quirem ents to be consistent with Maine's o perating permit program; and (4) i nclude test method s and mon ito ring procedu res to en su r e comp liance with the required control efficiency (as requ ired by Section 3 o f the proposal )

. Environmental 

### Issues : T he proposed regulation wi ll reduce emiss i ons of vo latil e orga nic compounds f rom flexib l e package p rinting ope rations. Volatile o r ganic compounds react with nitrogen ox ides i n the presence of s unlight to form gro u nd l evel ozone, which is responsib le for exacerb ating a variety o f respi ratory ai l ments , s uch as asthma. Altho ugh chi ldren , the elderly and th ose with respiratory problems are most at ri sk, even healthy indi v iduals m ay expe rience i ncreased re sp iratory ai l ments and other symptoms when they are expose d to ambien t ozone while engaged in activity that involves physical exertio n. Alth ough these sy mptoms are often temporary , repeated exposure can result in permanent lu ng damage. Departmental Recommendation: The Department recommends that the Board adopt the proposed Chapter 15 4 Control ofVo lat il e Organi c Compo und s 

### ti·om F l exib le Package Printing as proposed. Estimated T im e of Presentation: I 0 minutes



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