### MEMORANDUM

TO: The Honorable CollinP. O'Mara Cabinet Secretary, Dept. ofNatural Resources and Environmental Control FROM: LiSaA.Ve# Public Hearing Officer, Office ofthe Secretary DepartmentofNaturalResources and Environmental Control 

### RE: Proposed Amendments to 7DE Admin. Code 1124, Control ofVolatile Organic Compound Emissions: Section 47.0, "OffsetLithographic Printing" DATE: March 8, 20II

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 ProtectionAgency (EPA). Section I82(b)(2) ofthe 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 submitthe 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 printingindustry. 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 20I

### O. The 20I0 revision expanded the control scope to include letterpress printing presses, and set up anew and more stringent 95% reduction standard for those control systems installed afterthe effective date ofthe proposedrevision. After

arelevantpublic commentperiod, apublichearing washeld onJune 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, 20I0 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 (I) specifying a one-year transition period for facilities to comply with the new requirements, and (2) providing flexibility for facilities to locate temperature monitoringdevicesfor 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 addressthose newchanges. On January 4,2011, DAQ e-mailed PIA and GAA, informingthem ofthe hearing

on February I, 2011. A copy ofDAQ's responses to each oftheir prior comments was provided with said email. It should be noted that, although responses to this email were

2received from GAA on the afternoon of February 1, 2011, the Department did not recommend any changes to the proposedregulatory language as a result ofthe same. No other comments were received by the Department concerning this matter. Proper notice ofthehearing was provided as required by law. II. Summary ofHearingRecord: At the time ofthe hearing on February 1, 2011, Frank Gao, an Environmental Engineer in the Planning Branch ofthe Department's Division ofAir 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 ofthe Start Action Notices for this prorilUlgation, copies ofthe legal notices regarding the holding ofthis public hearing on February 1,2011, a copy ofthe Control Techniques Guidelines (CTG) from the EPA which triggeredthe revisions addressed within this promulgation, copies of PIA/GAA's comments ofJune 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 ofthe actual proposed amendments to Section47.0 of7DEAdmin. Code 1124. Also contained within the Department's exhibits was a revised version ofthe proposed amendments on Section 47.0 ofexistingRegulation 1124, which included some additional regulatory language from the original revised language that appeared in the January 2011 edition ofthe Delaware Register of Regulations. 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 ofthis change, DAQ explained at the time ofthe hearing that EPA has recently

3identifiedthat some ofDelaware's SIP regulationshave provisionsthatallow alternate or unspecified testing, monitoring or recordkeeping methods under the condition ofprior 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 inbothprovisions. Aftercarefulreview and analysis, DAQdecidedthatthephrase "[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 "approvalby 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 ofthe 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, 20II comments concerned the new changes which were the subject of the February I, 20I0 public hearing; and (3) only two comments were relevant for indicating inappropriate wording and clerical errors in the presentlyproposed revisionto Section 47.0. The DAQ has now corrected those errors, and, given the fact that these corrections were non-substantive in

4nature, there is no need for any additional publication and/or public hearing concerning thispromulgation. For the Secretary's review, and in order for the Secretary to gain a thorough understanding ofthis proposed promulgation, copies ofthe above-referenced proposed revised amendments are attached hereto as Appendix "A", and the same are expressly incorporated intothis Hearing Officer'sReport. 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 ofthe 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 andRecommendations: 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: Section47.0, "OffsetLithographic Printing". I also recommend the adoption ofthe proposed revised regulatory amendments, based upon the reasoning provided by DAQ. Accordingly, I recommend promulgation ofthese proposed amendments in the customarymannerprovidedby law.



### 5Further, Irecommend the following findings: I. The Department has jurisdiction under its statutory authority, 7 DeLC

.. Chapter 60, to make adetermination inthisproceeding; 2. The Department provided adequate public notice ofthe proceeding and the public hearing in amannerrequiredby the law andregulations; 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 makingits determination; 5. The Departmenthas reviewedthese proposed revisedamendments inthe light ofthe Regulatory Flexibility Act, and believes the same to be lawful, feasible and desirable, and thattherecommendations as proposed shouldbe applicable to all Delawarecitizens equally; 6. Promulgation ofthe aforementioned proposed revisedamendments to Section 47.0 of 7 DE Admin. Code 1124 will allow Delaware to conform to new ControlTechniques Guidelines (CTG) documents as issuedby theEPA; 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



### 6allowed for flexibility, andthat such allowance shouldbe 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 ornecessary; 9. The Department's proposed revised amendments to these regulations, as published in the January 1, 20II Delaware Register ofRegulations and the subsequent revisions to the same, as vetted to the public at the time ofthe 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 issueofthe DelawareRegister of Regulations; and 10. The Department shall submit the proposed revisedregulation amendments as final to the Delaware Register ofRegulations for publication in its next available issue, and shall provide written notice to the persons affected by the Order.

lahearl Reg. I124.Sec1.47.Amndmts. 2011.

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# APPENDIX 

# "A"Public Hearing, February 2,2011 7 DE Admin Code 1124Section 47 "Offset Lithographic Printing" Exhibit 6
(1) Revised version ofSection47.6.3.1 byaddingthe 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, February01,201112:38 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 forthe advice. By careful review ofyour comments, we have decided to add "and EPA" in 47.6.3.1, but not47.6.4.4. The reason forthe46.6.4.4 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 ifyou have furthercomments by4pm today so that Ican include then inthe hearing records. Thanks again foryour 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 1I. Iwould opine thatadding "and EPA" would be necessary in both cases because the regulation as written does not provide forany limitsonwhat the Department may approve. II. If47.6.4.4 set some limits on what the Department could approve then itwould be a differentstory. An analogous situation is found in the leak detection and repair standards for SOCMI of40CFR Part 60, section 60.483-2: generallythis requires monitoringvalves in gas/vaporservice and valves in light liquid service at least quarterly; ifhowever, less than two percent ofthe valves are found to be leakingfor5 or more consecutive quartersthe owner/operatormay skip 3 quarterlychecks provided they notify EPA first. I suppose ifDNREC were to limitthe amount ofextension DNREC could give to some fixed, specific periods (but perhaps not less thatonce per month)then perhaps you would not need "and EPA." If47.6.4.4 were to say: "If, through recordkeeping fora period of6monthsor more, the printing process is shown to consistently meetthe requirements in 47.3.2.4 and 47.5.4 ofthis regulation, the monitoring requirement may be waived or extended to a longer period oftime but in no case less frequentlythan once per week upon prior notification ofand approval by the Department." The onlydifference in howthis is phrased and the monitoring changes in §60.483-2 that Isee is that theabove language requires the Department to approve the change whereas §60.483-2 only requires an owner/operatorto notify EPA 90 days before skipping 3 quarterly checks (I assume that basically under §60.483-2 unless EPA affirmativelyobjects within 90days the owner/operator can proceed withoutan approval). III. Icannot find an example ofhowto limitdiscretion for47.6.3.1 regarding siting a temperature monitoringdevice otherthan atthe outlet ofthe control device. Christopher Cripps Air Program Planning Office U. S. Environmental ProtectionAgency, 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 ofourVOC RACTs based on EPA's new CTGs. I rememberthatyou reviewed all revisions and provided quite some good comments. Section 47 2"Offset lithographic I'rinting" got some comments in theJune 2010 hearing, and we decided to make some changes based on some ofthose comments. A new hearing is scheduled for Feb. 2 (NextTuesday). Just recently, Gene talked to Ellen Wentworth aboutadding "EI'A's approval" in some other RACTs' language (Please talkto Ellen ifyou need further info about it). Based on theirdiscussion, we are thinking ifadding a phrase "and EPA" in Section 47's language. I have attached to this emailthe current language ofSection 47, and highlighted the locationswhere "and EPA" would be added after "by the Department" (see 47.6.3.1 and 47.6.4.4). Due to the shorttime before the hearing (just nextTuesday), could you please reviewthis issue, discuss with Ellen if necessary, and give me quick response? Our hearing officer has indicated that ifwewould want to include "and EPA" in Section 47 language, we would need to address it in the upcoming hearingtoavoid 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

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