Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compound Emissions From Sheet-Fed and Web Lithographic Printing and Paper Coatings

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD040-3018a; FRL-5881-6]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland; Control of Volatile Organic Compound Emissions From Sheet-Fed

and Web Lithographic Printing and Paper Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revisions

submitted by the State of Maryland on July 11, 1995. These revisions

establish volatile organic compound (VOC) emission reduction

requirements for sheet-fed and web lithographic printing operations,

and paper, fabric, vinyl, and other plastic coating operations

throughout the State of Maryland under COMAR 26.11.19 Volatile Organic

Compounds from Specific Processes. EPA is also approving the

administrative changes to Maryland's regulations for VOC emissions from

specific processes. The intended effect of this action is to approve

these provisions into the Maryland SIP, in accordance with the SIP

submittal and revision provisions of the Clean Air Act (the Act). This

action is being taken under section 110 of the Act.

EFFECTIVE DATE: This final rule is effective November 3, 1997 unless by

October 2, 1997, adverse or critical comments are received. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO

and Mobile Sources Section, Mailcode 3AT21, U.S. Environmental

Protection Agency, Region III, 841 Chestnut Building, Philadelphia,

Pennsylvania 19107. Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

Air, Radiation, and Toxics Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107 and the Maryland Department of the Environment, 2500 Broening

Highway, Baltimore, Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Carolyn M. Donahue, (215) 566-2095, at

the EPA Region III office address listed above, or via e-mail at

[email protected]. While information may be requested via

e-mail, comments must be submitted in writing to the above Region III

address.

[[Page 46200]]

SUPPLEMENTARY INFORMATION: On July 11, 1995, the Maryland Department of

the Environment (MDE) submitted new and revised regulations to EPA as

State Implementation Plan (SIP) revisions. These regulations control

emissions of VOCs throughout the State. MDE submitted these SIP

revision requests pursuant to the rate-of-progress (ROP) requirements

of section 182 of the Act. Specifically, Maryland has adopted VOC

control measures for lithographic printing operations and paper coating

operations. A more detailed analysis of Maryland's submittal is

contained in the Technical Support Document for this action.

Background

Section 182(b)(1) of the Act requires states with ozone

nonattainment areas classified as moderate or above to reduce VOC

emissions 15% from 1990 baseline levels. States were required to

achieve the 15% VOC emission reduction by 1996. This ROP requirement,

known as the 15% plan, was due to EPA as a SIP revision by November 15,

1993.

In Maryland, 15% plans were required for the Baltimore severe ozone

nonattainment area, the Maryland portion of the Philadelphia severe

ozone nonattainment area, and the Maryland portion of the Metropolitan

Washington, DC serious ozone nonattainment area. Maryland submitted the

required 15% plans to EPA as SIP revisions on July 12, 1995. In these

15% plans, Maryland takes credit for the emission reductions achieved

through the VOC regulations that Maryland submitted as SIP revisions on

July 11, 1995. These regulations must be approved into Maryland's SIP

before the 15% plans can be approved.

Summary of SIP Revisions

State Submittal: COMAR 26.11.19.11 Control of VOC Emissions From Sheet-

Fed and Web Lithographic Printing

This revision establishes standards for lithographic printing

operations from sheet-fed and web printers. EPA approved subsections A,

B, and C of this regulation (59 FR 60908, November 29, 1994) into the

Maryland SIP. On October 18, 1993, Maryland withdrew sections D and E

of the lithographic printing regulation from federal consideration, but

resubmitted the regulation with two sets of amendments on July 11,

1995. The first set of amendments was adopted by the state of Maryland

on July 24, 1991 and effective August 19, 1991. The second set of

amendments was adopted by the State on May 5, 1995 and effective on

June 5, 1995.

General Provisions

This SIP revision applies to regulations .01, .07, .10, and .11

under COMAR 26.11.19 Volatile Organic Compounds from Specific

Processes. Administrative revisions to sections .01, .07, and .10, such

as recodifying term definitions, result from revisions to section .11.

The lithographic printing regulation applies to a person who owns

or operates a lithographic web printing press in any facility where the

actual VOC emissions from all lithographic web printing presses exceed

100 pounds per day, or to a person who owns or operates a sheet-fed

lithographic printing press of a cylinder width 18 inches or greater.

The title of this regulation was amended to ``Lithographic Printing''

from ``Other Miscellaneous Printing and Coating Processes.'' This

regulation does not apply to printing on fabric, metal, or plastic.

Requirements for Sheet-Fed Printers

A person may not use any sheet-fed letter or lithographic printing

press with a cylinder width of 18 inches or greater unless the fountain

solution is refrigerated to maintain a temperature less than 55 deg. F

(if isopropyl alcohol is used). Also, a temperature indicator must be

installed to monitor fountain solution temperature if the solution is

refrigerated, and the fountain solution must contain less than 8.5

percent isopropyl alcohol by weight.

Requirements for Lithographic Web Printers

A person operating a lithographic web printing press shall operate

the press only if the dryer exhaust is ducted to a control device that

is constructed, operated and maintained to achieve an overall control

efficiency of 90 percent or more. Also, isopropyl alcohol must not be

used in the fountain solution.

Requirements for all Lithographic Printing Presses

A person using VOC-containing materials to clean printing presses

is required to store all waste material containing VOC in closed

containers, maintain lids on VOC-containing cleanup materials when not

in use, and participate, upon request by MDE, in the evaluation of non-

VOC and low-VOC cleaning materials when these materials have the

potential to be substitutes for currently used materials. Also, good

operating practices for persons who clean printing equipment must be

established in writing and made available upon request from MDE.

EPA Evaluation: These revisions, which regulate VOC emissions from

lithographic printing operations, will result in significant

enforceable VOC emission reductions. These reductions are needed for

Maryland's 15% plans. EPA has determined that Maryland's regulation,

COMAR 26.11.19.11, Lithographic Printing, as well as the administrative

changes to COMAR 26.11.19.01, .07 and .10, are approvable as SIP

revisions.

State Submittal: Revision to COMAR 26.11.19.07 Control of VOC Emissions

From Paper, Fabric, Vinyl, and Other Plastic Parts Coating

This regulation establishes standards for the application of

coating materials on paper, fabric, vinyl, and other plastic

substances. EPA has previously approved revisions to this regulation on

September 7, 1994 (59 FR 46180) and November 29, 1994 (59 FR 60908).

Requirements for Paper, Fabric and Vinyl Coating

This regulation, COMAR 26.11.19.07.B, applies to a person who

performs web or sheet-fed paper, fabric or vinyl coating at a facility

where the total facility VOC emissions are more than 50 pounds per day.

Requirements for Plastic Parts Coating

Also, a person may not emit more than 20 pounds per day of VOC from

any plastic parts coating installation, unless the coating contains

less than 3 pounds of VOC per gallon of coating minus water. This

revision adds section E to COMAR 26.11.19.07 Paper, Fabric, Vinyl and

Other Plastic Parts Coating.

EPA Evaluation: These revisions, which regulate VOC emissions from

paper, fabric, vinyl and other plastic parts coating operations, will

result in significant enforceable VOC emission reductions. These

reductions are needed for Maryland's 15% plans. EPA has determined that

the revisions to Maryland's regulation COMAR 26.11.19.07 are approvable

as SIP revisions.

EPA is approving these SIP revisions without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revisions

should adverse or critical comments be filed. This action will be

effective November 3, 1997 unless, within 30 days of publication,

adverse or critical comments are received.

[[Page 46201]]

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. EPA will not institute a second comment period on this

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, the public is

advised that this action will be effective on November 3, 1997.

Final Action

EPA is approving revisions to the Maryland SIP to establish VOC

control requirements for sheet-fed and web lithographic printing

operations, and paper, fabric, vinyl and other plastic coating

operations. These regulations achieve fully enforceable VOC emission

reductions.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the Regional

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action proposed/promulgated

does not include a Federal mandate that may result in estimated costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector. This Federal action

approves pre-existing requirements under State or local law, and

imposes no new requirements. Accordingly, no additional costs to State,

local, or tribal governments, or to the private sector, result from

this action.

D. Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action to approve Maryland's VOC control

regulations for sheet-fed and web lithographic printing and paper

coating must be filed in the United States Court of Appeals for the

appropriate circuit by November 3, 1997. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: August 15, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart V of chapter I, title 40 is amended as

follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart V--Maryland

2. Section 52.1070 is amended by adding paragraphs (c) (126) and

(127) to read as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(126) Revisions to the Maryland State Implementation Plan submitted

on July 11, 1995 by the Maryland Department of the Environment:

(i) Incorporation by reference.

(A) Letter of July 11, 1995 from the Maryland Department of the

Environment transmitting additions and deletions to Maryland's State

Implementation Plan, pertaining to volatile organic compound

regulations in Maryland's air quality regulations, Code of Maryland

Administrative Regulations (COMAR) 26.11.

(B) Revision to COMAR 26.11.19.11 Control of VOC Emissions from

Sheet-Fed and Web Lithographic Printing, adopted by the Secretary of

the Environment on May 5, 1995, and effective on June 5, 1995,

including the following:

(1) Deletion of COMAR 26.11.19.11 title, ``Other Miscellaneous

Printing and Coating Processes'' and addition of new title,

``Lithographic Printing.''

(2) Deletion of COMAR 26.11.19.11.A(4), definition for the term

``plastic parts coating.''

[[Page 46202]]

(3) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts

coating.

(4) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6)

Applicability.

(5) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic

Coating.

(6) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed

Letter or Lithographic Printing.

(7) Addition of new COMAR 26.11.19.11.D Requirements for

Lithographic Web Printing.

(8) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning

Printing Equipment.

(9) Deletion of COMAR 26.11.19.10 title, ``Graphic Arts'' and

addition of new title, ``Flexographic and Rotogravure Printing.''

(10) Deletion of COMAR 26.11.19.10.A(4), definition for the term

``web printing.''

(11) Addition of COMAR 26.11.19.01.B(8), definition for the term

``web printing.''

(ii) Additional Material.

(A) Remainder of July 11, 1995 Maryland State submittal pertaining

to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web

Lithographic Printing.

(127) Revisions to the Maryland State Implementation Plan submitted

on July 11, 1995 by the Maryland Department of the Environment:

(i) Incorporation by reference.

(A) Letter of July 11, 1995 from the Maryland Department of the

Environment transmitting additions to Maryland's State Implementation

Plan, pertaining to volatile organic compound regulations in Maryland's

air quality regulations, Code of Maryland Administrative Regulations

(COMAR) 26.11.

(B) Revision to COMAR 26.11.19.07 Control of VOC Emissions from

Paper Coating, adopted by the Secretary of the Environment on May 5,

1995, and effective on June 5, 1995, including the following:

(1) Addition of COMAR 26.11.19.07.A(2-1), definition for the term

``plastic parts coating.''

(2) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric

and vinyl coating.

(3) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic

Coating.

(ii) Additional Material.

(A) Remainder of July 11, 1995 Maryland State submittal pertaining

to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating.

[FR Doc. 97-23030 Filed 8-29-97; 8:45 am]

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