MEMORANDUM 

TO: The Honorable Collin P. O'Mara 

Cabinet Secretary, Dept. of Natural Resources and Environmental Control 

FROM: LiSaA.Ve# 

Public Hearing Officer, Office of the Secretary 

Department ofNatural Resources and Environmental Control 

RE: Proposed Amendments to 7 DE Admin. Code 1124, Control of Volatile 

Organic Compound Emissions: Section 47.0, "Offset Lithographic 

Printing" 

DATE: March 8, 20 II 

I. Background: 

A public hearing was held on Tuesday, February I, 2011, at 6:00 p.m. at the 

Department of Natural Resources and Environmental Control ("DNREC", 

"Department"), 89 Kings Highway, Dover, Delaware to receive comment on proposed 

amendments to 7 DE Admin. Code 1124, Control of Volatile Organic Compound 

Emissions: Section 47.0, "Lithographic Printing". The purpose of these proposed 

amendments is to conform to new Control Techniques Guidelines (CTG) issued by the 

U.S. Environmental Protection Agency (EPA). 

Section I82(b)(2) of the Clean Air Act (CAA) requires all ozone non-attainment 

areas, including Delaware, to update relevant regulations for Reasonably Available 

Control Technology (RACT) controls for emission sources covered in EPA's CTG, and 

to submit the regulations to EPA as State Implementation Plain (SIP) revisions. Section 

47.0 was originally developed in 1994 after EPA issued a CrG 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 20 IO. The 20 I0 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, 20 I0 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 (I) 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, 

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 I, 2011 to 

specifically address those new changes. 

On January 4,2011, DAQ e-mailed PIA and GAA, informing them of the hearing 

on February I, 2011. A copy of DAQ's responses to each of their prior comments was 

provided with said email. It should be noted that, although responses to this email were 

2
 
received from GAA on the afternoon of February 1, 2011, the Department did not 

recommend any changes to the proposed regulatory language as a result of the same. No 

other comments were received by the Department concerning this matter. Proper notice 

of the hearing was provided as required by law. 

II. Summary of Hearing Record: 

At the time of the hearing on February 1, 2011, Frank Gao, an Environmental 

Engineer in the Planning Branch of the Department's Division of Air Quality ("DAQ") 

offered the Department's seven (7) exhibits pertaining to these proposed amendments, 

and this Hearing Officer entered them into the formal hearing record developed in this 

matter. Included within those Departmental exhibits were copies of the Start Action 

Notices for this prorilUlgation, copies of the legal notices regarding the holding of this 

public hearing on February 1,2011, a copy of the Control Techniques Guidelines (CTG) 

from the EPA which triggered the revisions addressed within this promulgation, copies of 

PIA/GAA's comments of June 2, 2010 and the DAQ's responses to the same, a copy of 

the most recent correspondence from GAA (dated February 1,2011), and copies of the 

actual proposed amendments to Section 47.0 of7 DE Admin. Code 1124. 

Also contained within the Department's exhibits was a revised version of the 

proposed amendments on Section 47.0 of existing Regulation 1124, which included some 

additional regulatory language from the original revised language that appeared in the 

January 2011 edition of the Delaware Register ofRegulations. DAQ made one addition 

to the proposed Section 47.0, specifically, in 47.6.3.1, a phrase "and EPA" has been 

added after the phrase" ... approved by the Department." To serve as background in 

support of this change, DAQ explained at the time of the hearing that EPA has recently 

3
 
identified that some of Delaware's SIP regulations have provisions that allow alternate or 

unspecified testing, monitoring or recordkeeping methods under the condition of prior 

approval by the Department. EPA has indicated that the Department should make such 

methods be approved by EPA as well. In Section 47.0, DAQ believed there to be two 

such provisions, and so the same was discussed with EPA. In an e-mail response to the 

Department's inquiries in this matter, EPA indicated that a phrase "and EPA" should be 

added in both provisions. After careful review and analysis, DAQ decided that the phrase 

"[approval] by EPA" should be added in Section 47.6.3.1, where an unspecified 

temperature monitoring location would be allowed for flexibility. In the other provision, 

i.e., Section 47.6.4.4, where alternative recordkeeping schedules would be approved by 

the Department, DAQ believes that the Department has the authority to ensure through 

approval process that the alternate schedules will meet EPA's requirements. Therefore, 

the phrase "approval by EPA" is not necessary in the latter section. 

With regard to the additional comments received by the Department from GAA 

on February 1,2011, the DAQ reviewed the same and determined that (1) most of the 

February 1,2011 comments had already been provided to the Department previously in 

PIAlGAA's comments dated June 2, 2010, and had therefore been thoroughly addressed 

and responded to by the Department; (2) none of the February I, 20 II comments 

concerned the new changes which were the subject of the February I, 20 I0 public 

hearing; and (3) only two comments were relevant for indicating inappropriate wording 

and clerical errors in the presently proposed revision to Section 47.0. The DAQ has now 

corrected those errors, and, given the fact that these corrections were non-substantive in 

4
 
nature, there is no need for any additional publication and/or public hearing concerning 

this promulgation. 

For the Secretary's review, and in order for the Secretary to gain a thorough 

understanding of this proposed promulgation, copies of the above-referenced proposed 

revised amendments are attached hereto as Appendix "A", and the same are expressly 

incorporated into this Hearing Officer's Report. 

It should be noted that the Department adhered to all appropriate Delaware 

statutes and the regulatory development process in this matter, and that the Department 

has met the required public notice obligations regarding these proposed revised 

amendments. It should also be noted that the Department has reviewed this proposed 

amendment in the light of the Regulatory Flexibility Act, and believes the same to be 

lawful, feasible and desirable, and that the recommendations as proposed should be 

applicable to all Delaware citizens equally. 

III. Conclusions and Recommendations: 

Based on the record developed in this matter, I conclude that the Department has 

provided appropriate reasoning regarding the need for these proposed revised 

amendments to 7 DE Admin. Code 1124, Control of Volatile Organic Compound 

Emissions: Section 47.0, "Offset Lithographic Printing". I also recommend the adoption 

of the proposed revised regulatory amendments, based upon the reasoning provided by 

DAQ. Accordingly, I recommend promulgation of these proposed amendments in the 

customary manner provided by law. 

5
 
Further, I recommend the following findings: 

I.	 The Department has jurisdiction under its statutory authority, 7 DeLC.. 

Chapter 60, to make a determination in this proceeding; 

2.	 The Department provided adequate public notice of the proceeding and the 

public hearing in a manner required by the law and regulations; 

3.	 The Department held a public hearing in a manner required by the law and 

regulations; 

4.	 The Department considered all timely and relevant public comments in 

making its determination; 

5.	 The Department has reviewed these proposed revised amendments in the light 

of the Regulatory Flexibility Act, and believes the same to be lawful, feasible 

and desirable, and that the recommendations as proposed should be applicable 

to all Delaware citizens equally; 

6.	 Promulgation of the aforementioned proposed revised amendments to Section 

47.0 of 7 DE Admin. Code 1124 will allow Delaware to conform to new 

Control Techniques Guidelines (CTG) documents as issued by the EPA; 

7.	 The aforementioned proposed revised amendments to 7 DE Admin. Code 

1124 will enable Delaware to do the following: (I) specify a one-year 

transition period for facilities to company with the new requirements; (2) 

provide flexibility for facilities to locate temperature monitoring devices for 

control systems; and (3) insert the phrase "[approval] by EPA" in Section 

47.6.3.1, where an unspecified temperature monitoring location would be 

6
 
allowed for flexibility, and that such allowance should be approved by EPA as 

well as the Department; 

8.	 The Department has an adequate record for its decision, and no further public 

hearing is appropriate or necessary; 

9.	 The Department's proposed revised amendments to these regulations, as 

published in the January 1, 20 II Delaware Register of Regulations and the 

subsequent revisions to the same, as vetted to the public at the time of the 

hearing on February 1, 2011 and set forth within Appendix "A" hereto, are 

adequately supported, not arbitrary or capricious, and are consistent with the 

applicable laws and regulations. Consequently, they should be approved as a 

final regulation, which shall go into effect ten days after their publication in 

the next available issue of the Delaware Register ofRegulations; and 

10.	 The Department shall submit the proposed revised regulation amendments as 

final to the Delaware Register of Regulations for publication in its next 

available issue, and shall provide written notice to the persons affected by the 

Order. 

lahearl Reg. I 124.Sec1.47.Amndmts. 2011. 

7
 
APPENDIX "A"
 
Public Hearing, February 2,2011 

7 DE Admin Code 1124 Section 47 "Offset Lithographic Printing" 

Exhibit 6 

(1) Revised version of Section 47.6.3.1 by adding the phrase "and EPA" 

47.6.3.1	 Within six months after [insert the effective date of this revision of 47.0 of this 

regulation!. or upon initial startup of a new printing press, +!he owner or operator 

of a heatset offset lithographic printing press, or a heatset letterpress printing 

press. shall install, calibrate, maintain, and operate a temperature monitoring 

device, according to the manufacture~s instructions, at the outlet of the control 

device or at a location approved by the Department [and EPA!. The monitoring 

temperature shall be set during the testing required to certify compliance with the 

requirements of 47.4 of this regulation. Monitoring shall be performed only when 

the unit is operational. 

(2) E-mail communication with EPA Region 3 Office regarding the above revision 

From: Gao Frank F. (DNREC)
 

Sent: Tuesday, February 01,201112:38 PM
 

To: 'Cripps.Christopher@epamail.epa.gov'
 

Cc: Amirikian Ronald A. (DNREC); Pettingill Gene (DNREC); Vest Lisa A. (DNREC)
 

Subject:RE: FW: Quick question
 

Hi Chris,
 

Thanks a lot for the advice. By careful review of your comments, we have decided to add "and
 

EPA" in 47.6.3.1, but not 47.6.4.4. The reason for the 46.6.4.4 is that we believe that the
 

Department has the authority, through approval process, to ensure that both DNREC and EPA
 

recordkeeping requirements such as gO-day notification are met.
 

Please let me know if you have further comments by 4pm today so that I can include then in the
 

hearing records.
 

Thanks again for your help,
 

Frank
 

-----Original Message----­

From: Cripps.Christopher@epamail.epa.gov
 

Sent: Wednesday, January 26,20114:50 PM
 

To: Gao Frank F. (DNREC)
 

Cc: Wentworth.Ellen@epamail.epa.gov
 

Subject:Re: FW: Quick question
 

1 
I. I would opine that adding "and EPA" would be necessary in both cases because the regulation 

as written does not provide for any limits on what the Department may approve. 

II. If 47.6.4.4 set some limits on what the Department could approve then it would be a 

different story. An analogous situation is found in the leak detection and repair standards for 

SOCMI of 40 CFR Part 60, section 60.483-2: generally this requires monitoring valves in 

gas/vapor service and valves in light liquid service at least quarterly; if however, less than two 

percent of the valves are found to be leaking for 5 or more consecutive quarters the 

owner/operator may skip 3 quarterly checks provided they notify EPA first. I suppose if DNREC 

were to limit the amount of extension DNREC could give to some fixed, specific periods (but 

perhaps not less that once per month) then perhaps you would not need "and EPA." 

If 47.6.4.4 were to say: 

"If, through recordkeeping for a period of 6 months or more, the printing process is shown to 

consistently meet the requirements in 47.3.2.4 and 47.5.4 ofthis regulation, the monitoring 

requirement may be waived or extended to a longer period of time but in no case less 

frequently than once per week upon prior notification of and approval by the Department." 

The only difference in how this is phrased and the monitoring changes in §60.483-2 that I see is 

that the above language requires the Department to approve the change whereas §60.483-2 

only requires an owner/operator to notify EPA 90 days before skipping 3 quarterly checks (I 

assume that basically under §60.483-2 unless EPA affirmatively objects within 90 days the 

owner/operator can proceed without an approval). 

III. I cannot find an example of how to limit discretion for 47.6.3.1 regarding siting a 

temperature monitoring device other than at the outlet of the control device. 

Christopher Cripps 

Air Program Planning Office 

U. S. Environmental Protection Agency, Region 1111650 Arch Street (3AP30) 

Philadelphia, PA 19103-2023 

Work: (215) 814-2179 

Fax: (215) 814-2124 

PS: The Air Protection Division Reorganized on October 11, 2009: Note new Mail Code! 

From: Gao Frank F. (DNREC)
 

Sent: Tuesday, January 25, 2011 2:56 PM
 

To: 'Christopher.Cripps@epa.gov'
 

Cc: Amirikian Ronaid A. (DNREC); Pettingill Gene (DNREC);
 

'Wentworth.Ellen@epamail.epa.gov'
 

Subject: Quick question
 

Hi Chris,
 

Last June we had a hearing on several revisions of our VOC RACTs based on EPA's new CTGs. I
 

remember that you reviewed all revisions and provided quite some good comments. Section 47
 

2 
"Offset lithographic I'rinting" got some comments in the June 2010 hearing, and we decided to 

make some changes based on some of those comments. A new hearing is scheduled for Feb. 2 

(Next Tuesday). 

Just recently, Gene talked to Ellen Wentworth about adding "EI'A's approval" in some other 

RACTs' language (Please talk to Ellen if you need further info about it). Based on their discussion, 

we are thinking if adding a phrase "and EPA" in Section 47's language. I have attached to this email the current language of Section 47, and highlighted the locations where "and EPA" would 

be added after "by the Department" (see 47.6.3.1 and 47.6.4.4). Due to the short time before 

the hearing (just next Tuesday), could you please review this issue, discuss with Ellen if 

necessary, and give me quick response? Our hearing officer has indicated that if we would want 

to include "and EPA" in Section 47 language, we would need to address it in the upcoming 

hearing to avoid having another hearing in the future. 

Your quick response would be greatly appreciated! Thanks in advance, 

Frank 

[attachment "Reg1124_Sect47_Nov2010_Proposal.doc" deleted by 

Christopher CrippsjR3jUSEPAjUSj 

3