MEMORANDUM 

TO: Board of Environmental Protection 

FROM: Jeff Crawford, Bureau of Air Quality 

DATE: 

RE: 

June 17,2010 

Adoption of Proposed Rule: Chapter 154 Control of Volatile Organic Compounds from 

Flexible Package Printing 

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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 air quality standards and emission 

standards within any region and prevent air pollution." 

B. Specific legal mandates requiring adoption. 

Section 184 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 source is capable of meeting by the application of 

control technology that is reasonably available considering technological and economic 

feasibility. In September 2006, EPA published a CTG for Flexible Package Printers that 

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 submit a demonstration, as a 

revision to the SIP, that 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-required 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 RACT 
measure does not represent a newly-available RACT control level, states are required to update 

their rules. 

Discussion: 

The proposed rule was posted to a 30-day public comment period, during which the Department 

received comments from two parties. Based on these comments, the Department amended its 

original proposal in the following areas: 

Applicability: The rule was amended to exclude quality assurance/quality control and research 

development activities from the work practice requirements contained in Section 4. 

Definitions: The Department added a definition for quality control /quality assurance operations 

and research and development purposes. 

Work practices: The work practice requirements of Section 4 were amended to apply to 

adhesives, in addition to inks and coatings. 

Rccordkceping: The recordkeeping provisions of Section 5 were amended to: ( 1) apply to the 

use of adhesives, in addition to inks and coatings; (2) include a provision requiring facilities with 

emissions below the applicability threshold to calculate their emissions before the application of 

control devices; (3) revise the recordkeeping requirements to be consistent with Maine's 

operating permit program; and (4) include test methods and monitoring procedures to ensure 

compliance with the required control efficiency (as required by Section 3 of the proposal). 

Environmental Issues: 

The proposed regulation will reduce emissions of volatile organic compounds from flexible 

package printing operations. Volatile organic compounds react with nitrogen oxides in the 

presence of sunlight to form ground level ozone, which is responsible for exacerbating a variety 

of respiratory ailments, such as asthma. Although children, the elderly and those with respiratory 

problems are most at risk, even healthy individuals may experience increased respiratory ailments 

and other symptoms when they are exposed to ambient ozone while engaged in activity that 

involves physical exertion. Although these symptoms are often temporary, repeated exposure can 

result in permanent lung damage. 

Departmental Recommendation: 

The Department recommends that the Board adopt the proposed Chapter 154 Control ofVolatile 

Organic Compounds ti·om Flexible Package Printing as proposed. 

Estimated Time of Presentation: 

I 0 minutes 

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