STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFiCE OF THE 89 KINGS HIGHWAY PHONE: (302) 739-9000

SECRETARY DOVER, DELAWARE 19901 FAX: (302) 739-6242 Secretary'sOrderNo.: 2011-A-0021 RE: ApprovingFinalAmendments to 7DEAdmin. Code 1124, ControlofVolatile OrganicCompoundEmissions: Section 47.0, "OffsetLithographicPrinting"

Dateoflssuance: March 16, 2011 EffectiveDate oftheAmendment: April 11, 2011
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") the following findings, reasons and conclusions are entered as an Order ofthe Secretary in the abovereferencedrulemaking proceeding. Background andProceduralHistory This Order considers proposed regulation amendments to 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions: Section 47.0, "Offset Lithographic Printing" Thepurposeofthese proposedamendments is to conform to new Control Techniques Guidelines (CTG) issued by the U.S. Environmental Protection Agency (EPA). Section 182(b)(2) of the Clean Air Act requires that all ozone non-attainment areas, including Delaware, must develop or update relevant regulations to implement Reasonably Available Control Technology controls on emission sources covered in theU.S. Environmental Protection Agency ("EPA")'s Control Techniques Guidelines ("CTG"), or Alternative Control Techniques, and submit the regulations to EPA as State ImplementationPlanrevisions. Section 47.0 was originally developed in 1994 after EPA issued a CTG in 1993 for control ofvolatile organic compound (VOC) emissions from the offset lithographic printing industry. In September 2006, the EPA updated its CTG for the offset lithographic printing industry by adding control requirements for letterpress printing operations. To reflect the new requirements in EPA's 2006 CTG, the Department's DivisionofAir Quality ("DAQ") revised 7 DE Admin. Code 1124, Section47.0, "Offset Lithographic Printing" in early 2010. The 2010 revision expanded the control scope to include letterpress printing presses, and set up a new and more stringent 95% reduction standard for those control systems installed after the effective date of the proposed revision. After a relevant public comment period, a public hearing was held on June 2, 2010. Two organizations, Printing Industries of America ("PIA") and Graphic Arts Association ("GAA") submitted comments regarding the proposed Section 47.0 prior to the June 2, 2010 hearing. Based on these comments, DAQ determined that substantive changes to the proposed Section 47.0, as set forth in the public hearing ofJune 2, 2010,

were necessary. Two major changes are (1) specifying a one-year transition period for facilities to comply with the new requirements, and (2) providing flexibility for facilities to locate temperature monitoringdevices for control systems. These new and substantive changes are reflected in Sections 47.1.2, 47.3.1, 47.5.4.4, 47.4.4, 47.6.1.2.2, and 47.6.3.1. To provide the opportunity for the public to review and comment on these new changes,



### 2the Department published a new and revised proposed Section 47.0, established a new public comment period, and scheduled a second public hearing on February 1,2011 to specificallyaddressthosenewchanges. The Department's Division of Air Quality (DAQ) commenced the regulatory development process with Start Action Notice 2010-25. The Department published the proposed regulatory amendments in the January I, 20II Delaware Register of Regulations and held a public hearing on February 1,2011. The Department's presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer's Report dated March 8, 2011 (Report). The Report recommends certain findings andthe adoption of the proposed revisedAmendmentsas attached to the Report as AppendixA. Findings and Discussion I find that the proposed Amendments are well-supported bythe record developed by the Department, and adopt the Report to the extent it is consistent with this Order. The Department's experts in DAQ developed the record and drafted the proposed Amendments. It should be noted that, while the Department received public comments

once again from GAA with regard to the proposed revised amendments to the aforementioned Section 47.0 of7 DE Admin. Code 1124, the Department believes that

no additional revisionstothis proposedregulatory language is necessary atthis time. I find thattheDepartment'sexperts in DAQ fully developedthe recordto support adoption ofthese revisedAmendments. With the adoption ofthese revisedregulatory amendments, Delaware will have the Department's regulations conform to EPA's regulations, asrequired bythe CleanAirAct.

3In conclusion, the following findings and conclusions are entered: I.) The Department hasjurisdiction under its statutory authority to issue an Orderadoptingthese proposedAmendmentsas final; 2.) The Department provided adequate public notice ofthe proposed revised Amendments, and provided the public with an adequate opportunity to comment on the proposed revisedAmendments, including at apublichearing; 3.) The Department held public hearings, initially onJune 2, 2010, and then again on February 1, 20

### lIon the proposed revised Amendments, in order to consider publiccommentsbefore making anyfinal decision; 4) The Department's Hearing Officer's Report, including its recommended record and the recommended revised Amendments as set forth in Appendix A, are adoptedto provide additional reasons andfindings forthis Order; 5.) The recommended revised Amendments were fully vetted to the public, both in legal notices and at the time of the public hearing, and do not reflect any substantive changes from the proposed revisedregulation Amendments as published in the January 1, 2011, DelawareRegisterof Regulations; 6.) The recommended revised Amendments should be adopted as final regulationAmendments because (I)Delaware will be enabled to confonnto new CTGas issued by the EPA; (2) the Department's revisions to Section 47.0 of7DE Admin. Code 1124 will enable Delaware to do the following: (i); specify a one-year transition period for facilities to comply with the new requirements, (ii) provide flexibility for facilities to locate temperature monitoring devices for control systems; and (3) the revisedregulation amendments are well supported by documents in therecord; andthat

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### 7.) The Department shall submit this Order approving the final regulation to the Delaware Register ofRegulations 

### for publication in its next available issue, and 

### provide such other notice as 

### the law and regulation require and the Department determines is appropriate.

# G~6F~ Collin P. 

### O'Mara Secretary

hearlReg.1124.Seet.47.Amndmts. 2011.0RD.



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