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's Order No.: 2011-A-0021 

RE: Approving Final Amendments to 7 DE Admin. Code 1124, 

Control of Volatile Organic Compound Emissions: Section 47.0, 

"Offset Lithographic Printing" 

Date oflssuance: March 16, 2011
 

Effective Date of the Amendment: 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 of the Secretary in the abovereferenced rulemaking proceeding. 

Background and Procedural History 

This Order considers proposed regulation amendments to 7 DE Admin. Code 

1124, Control of Volatile Organic Compound Emissions: Section 47.0, "Offset 

Lithographic Printing" The purpose ofthese proposed amendments 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 the 
U.S. Environmental Protection Agency ("EPA")'s Control Techniques Guidelines 

("CTG"), or Alternative Control Techniques, and submit the regulations to EPA as State 

Implementation Plan revisions. 

Section 47.0 was originally developed in 1994 after EPA issued a CTG in 1993 

for control of volatile 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 

Division of Air Quality ("DAQ") revised 7 DE Admin. Code 1124, Section 47.0, "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 of June 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 monitoring devices 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, 

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the 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 

specifically address those new changes. 

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, 20 II 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 and the adoption of the proposed 

revised Amendments as attached to the Report as Appendix A. 

Findings and Discussion 

I find that the proposed Amendments are well-supported by the 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 of 7 DE Admin. Code 1124, the Department believes that 

no additional revisions to this proposed regulatory language is necessary at this time. 

I find that the Department's experts in DAQ fully developed the record to support 

adoption of these revised Amendments. With the adoption of these revised regulatory 

amendments, Delaware will have the Department's regulations conform to EPA's 

regulations, as required by the Clean Air Act. 

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In conclusion, the following findings and conclusions are entered: 

I.) The Department has jurisdiction under its statutory authority to issue an 

Order adopting these proposed Amendments as final; 

2.) The Department provided adequate public notice of the proposed revised 

Amendments, and provided the public with an adequate opportunity to comment on the 

proposed revised Amendments, including at a public hearing; 

3.) The Department held public hearings, initially on June 2, 2010, and then 

again on February 1, 20 lIon the proposed revised Amendments, in order to consider 

public comments before making any final 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 

adopted to provide additional reasons and findings for this 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 revised regulation Amendments as published in 

the January 1, 2011, Delaware Register ofRegulations; 

6.) The recommended revised Amendments should be adopted as final 

regulation Amendments because (I) Delaware will be enabled to confonn to new CTG as 

issued by the EPA; (2) the Department's revisions to Section 47.0 of7 DE 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 revised regulation 

amendments are well supported by documents in the record; and that 

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7.) The Department shall submit this Order approving the final regulation to 

the Delaware Register of Regulations 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 

hearl Reg.1124.Seet.47.Amndmts. 2011.0RD. 

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