CR 18-067 Rule Text

In addition, in order to assure consistency among the VOC vapor pressure limits used in Part 1 under s. NR 422.142 (1m), Wis. Adm. Code, those used in Part 2, and those used in EPA’s 2006 CTG published by EPA, the department is proposing to revise the formula used to calculate the VOC vapor pressure for the cleaning solutions referred in s. NR 422.142 (2) (c) 1. b, Wis. Adm. Code, from “vapor pressure for each VOC component” to “VOC composite partial vapor pressure.” These two terms are similar but not idential. The VOC vapor pressure limits remain 10 mm of Hg at 20°C (68°F).

(D) Clarify the monitoring and recordkeeping requirement: The temperature monitoring requirements currently contained in ss. NR 422.142 (3) and 422.143 (5), Wis. Adm. Code, do not specify the temperature monitoring locations for the add-on control devices. The location to measure the temperature differs between thermal and catalytic oxidizers. The department is proposing to revise the monitoring requirements in ss. NR 422.142 (3) and 422.143 (5), Wis. Adm. Code, to further clarify the temperature monitoring and maintenance requirements for control devices. The recordkeeping requirements in ss. NR 422.142 (4) and 422.143 (6), Wis. Adm. Code, will also be revised accordingly.

(E) Change stack test requirements for small sources: The department is proposing to remove the periodic stack testing requirement in ss. NR 422.142 (5) (b) 2. and 422.143 (7) (b) 2., Wis. Adm. Code, that requires retesting the control device every 48 months. This is being proposed only for the sources with allowable VOC emissions from lithographic printing presses less than 100 tons per year. The department has evaluated stack test results for existing lithographic printing sources located in the nine affected counties and found that the tested control efficiencies all exceed 98%, which is much greater than the control efficiency required in s. NR 422.142 (2) (a), Wis. Adm. Code (85% or 90%) and in s. NR 422.143 (3) (a) 1., Wis. Adm. Code (90% or 95%). Data also indicates that the control efficiency does not go down as the control device ages. Therefore, the department has determined that initial stack testing, periodic monitoring and recording of control device operating temperature, and maintenance of the control device per manufacturer's recommendations are sufficient to demonstrate compliance with the control efficiency requirements for the control devices installed with the lithographic printing presses, and the periodic stack testing requirement for small sources could be removed from Part 1 and Part 2.

For the sources with allowable VOC emissions from lithographic printing presses that are greater than 100 tons per year, the periodic testing requirement (every 24 months) will remain in the rule. However, several testing exception scenarios specified in s. NR 439.075 (4), Wis. Adm. Code, still apply to these larger sources that could reduce the frequency of periodic testing for these sources. The department will revise the language in ss. NR 422.142 (5) (b) 1. and 422.143 (7) (b) 1., Wis. Adm. Code, to clarify that the testing exceptions in s. NR 439.075 (4), Wis. Adm. Code, apply to larger sources.

(F) Add the calculation methods for composite partial vapor pressure calculations in Part 2: The department is proposing to add s. NR 422.143 (7) (d), Wis. Adm. Code, to specify the methods and the equation used to calculate the composite partial vapor pressure for cleaning solutions. Sec. NR 422.143 (3) (c), Wis. Adm. Code, contains limitations based on the composite partial vapor pressure of blanket or roller washes, but the rule does not specify how the composite partial vapor pressure is to be calculated. This change adds clarity as to how affected sources are to demonstrate compliance with the applicable limitations. Section NR 422.142 (5) (d), Wis. Adm. Code, will also be revised to refer to the calculation method specified in s. NR 422.143 (7) (d), Wis. Adm. Code.

(G) Revise the applicable areas in Part 2: For reasons stated in pargraph (A) above, the department is proposing to revise the applicability section of the rule in s. NR 422.143 (1), Wis. Adm. Code, to cover new and modified facilities located in Kewaunee and Manitowoc counties as requested by the printing industry. These types of facilities were originally covered by Part 1 requirements.

Under the Clean Air Act, VOC RACT is required in any moderate, serious, severe, or extreme ozone nonattainment area. Therefore, the department is proposing to revise the applicability section of the Part 2 requirements to cover facilities located in areas designated as moderate, serious, severe, or extreme ozone nonattainment.

In addition, in order to prevent backsliding, this rule will apply in any area formerly designated as a moderate, serious, severe, or extreme ozone nonattainment area that has subsequently been redesignated to attainment, except for Kewaunee and Manitowoc counties. In these two counties, the existing lithographic printing facilities are subject to Part 1. New and modified lithographic printing facilities will be subject to Part 2 requirements after this rule revision becomes effective.

6. Summary of, and comparison with, existing or proposed federal statutes and regulations: There are no existing or proposed federal statues or regulations for lithographic printing operation. However, EPA published an updated CTG for Offset Lithographic Printing and Letterpress Printing in 2006. If the proposed changes are adopted, the requirements in s. NR 422.143, Wis. Adm. Code, will assure that the rule is consistent with EPA’s 2006 CTG.

7. Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota): There are no specific state rules for lithographic printing operations for the states of Iowa and Minnesota because no area in these two states has been designated as a moderate (or more severe) ozone nonattainment area, and therefore these states are not required to apply RACT requirements to lithographic printing operations. The state of Michigan regulates existing lithographic printing facilities under its general VOC control requirements for existing graphic arts lines (R 366.1624). Michigan promulgated these rules in response to designations under the 1979 air quality standard for ozone. The state of Illinois includes requirements for lithographic printing operations (Title 35, Section 219.405 through 219.411) that are similar to the requirements in s. NR 422.143, Wis. Adm. Code. These requirements are based on EPA’s 2006 CTG and are included in Illinois state rules because, like Wisconsin, Illinois is required to apply RACT to the lithographic printing operations in certain ozone nonattainment areas.

8. Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen: The department has analyzed all 24 lithographic printing facilities located in the nine affected counties in southeast Wisconsin. Three of the 24 facilities are currently permitted under federal Part 70 operation permits (Title V major sources). Twelve facilities are permitted under state operation permit programs, including Federally Enforceable State Operation Permits (FESOP) and Registration Permits. Nine facilities have actual VOC emissions less than 10 tons per year and are exempt from the state operation permit requirements. The analysis results support the following regulatory approach:

(A) Change the applicability for Part 1: Because of the different applicabilities in the current versions of Part 1 and Part 2, facilities located in Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha Counties could be subject to the requirements of Part 1, Part 2, or both. The applicability thresholds are 10 tons per year of maximum theoretical VOC emissions for Part 1, and 3 tons per year of actual VOC emissions for Part 2. Although a direct comparison of the applicability thresholds between Part 1 (based on maximum theoretical emissions from all printing presses) and Part 2 (based on actual emissions before control) is not possible, more facilities are subject to Part 2 (21 facilities) than Part 1 (19 facilities). Using the applicability threshold in Part 2 results in more facilities covered by the RACT requirements. Therefore, the department concludes that the proposed change will not be considered backsliding, pursuant to 40 CFR § 51.905(b).

(B) Change the stack test requirements for small sources: Current rules require lithographic printing facilities with allowable VOC emissions from lithographic printing presses of less than 100 tons per year to perform stack tests every 48 months. Currently, five small lithographic printing facilities are required to perform repeated stack tests every 48 months. The department has evaluated previous stack test results for these facilities and found that the tested control efficiencies are all above 98%, which is much greater than the control efficiency required in s. NR 422.142 (2) (a), Wis. Adm. Code (85% or 90%), and in s. NR 422.143 (3) (a) 1., Wis. Adm. Code (90% or 95%). Therefore, the department is proposing to require initial stack testing only for small lithographic printing sources with the control devices. The periodic stack testing requirement (every 48 months) for small sources would be removed from both Part 1 and Part 2.

9. Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact analysis: The purpose of this rulemaking action is to clarify the existing requirements. It does not impose new emission limitations. The changes will not affect the operation of any existing lithographic printing facility located in the nine counties of southeast Wisconsin (Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha). The department anticipates little to no economic impact on small businesses. Small businesses could expect modest cost savings due to the clarifications of the rule requirements and the removal of periodic stack test requirements (every 48 months) for small sources. The department also expects savings on the agency’s compliance efforts since there will be fewer stack test plans and reports to review.

An economic impact analysis and final fiscal estimate was completed prior to the submittal of this rule to the Legislative Council as required under s. 227.137(2), Stats.

10. Effect on small business: As stated above, this rulemaking will have little to no economic impact on small businesses. The proposal to apply Part 2 to most affected facilities in Wisconsin and to remove periodic stack testing requirements will clarify requirements and lower certain costs for small printers in the affected counties. This rulemaking action is mainly for clarification purposes. It does not change or impose new emission limits, and provides only minor changes to monitoring, recordkeeping, or reporting requirements on small businesses.

11. Agency contact person: Yu-Lien Chu – AM/7, DNR, P.O. Box 7921, Madison, WI 53707-7921; [phone]; [phone] (fax); [e-mail]

12. Place where comments are to be submitted and deadline for submission: The department conducted a public hearing in Waukesha, Wisconsin on November 5, 2018. The public comment period ended on November 12, 2018. No comments were received during the public hearing or the public comment period.

SECTION 1. NR 422.02 (7c), (14m) and (45e) are created to read:

NR 422.02 (7c) “Automatic blanket and roller wash” means any cleaning solution used by the automatic blanket and roller wash cleaning systems associated with lithographic printing presses.

(14m) “Cleaning solution” means a liquid solvent or solution used to clean the operating surfaces of a printing press and its parts. “Cleaning solution” includes a blanket wash, a roller wash, a metering roller cleaner, a plate cleaner, an impression cylinder wash, a rubber rejuvenator, and any other cleaner used for cleaning a press or press parts, or to remove spilled ink or coating from areas around the press. “Cleaning solution” does not include janitorial supplies or any cleaner used on electronic components of a press; a pre-press cleaning operation, such as platemaking; a post-press cleaning operation, such as a binding, finishing, or mailroom activity; or cleaning performed in a parts washer or cold cleaner.

(45e) “Janitorial supplies” means cleaners, including detergent-based products, used for floor cleaning and other general cleaning purposes, except for those products used to clean spilled ink.

SECTION 2. NR 422.142 (1) (a), (1m) (f), and (2) (c) (title), 1., and 2. (intro.) are amended to read:

  NR 422.142 (1) (a) This section applies to all lithographic printing presses at any facility which that is located in the county of Kenosha, Kewaunee, or Manitowoc county, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha was constructed before the effective date of this rule [LRB inserts date], and which has maximum theoretical emissions of VOCs from all lithographic printing presses at the facility greater than or equal to 755.7 kilograms (1666 pounds) in any month.

  (1m) (f) A 40% VOC capture efficiency for automatic blanket or roller wash, as defined in s. NR 422.02 (7c), where the VOC composite partial vapor pressure of the automatic blanket or roller wash is less than 10 mm of Hg at 20°C (68°F).

  (2) (c) Blanket or roller wash Cleaning solutions. 1. Except as provided in subd. 2., any person who owns or operates any lithographic printing press shall use blanket or roller wash a cleaning solution which, as applied, has one any of the following:

a. A VOC content of no greater than 30% 70% by weight.

b. A vapor pressure for each VOC component composite partial vapor pressure of less than or equal to 10 mm of Hg at 20C (68F).

2. The owner or operator of a facility may use blanket or roller wash a cleaning solution which that does not meet the emission limitations of subd. 1., provided the amount used at the facility under this subdivision over any 12 consecutive months does not exceed one any of the following:

SECTION 3. NR 422.142 (3) is renumbered NR 422.142 (3) (a) and NR 422.142 (3) (title) is amended to read:

NR 422.142 (3) (title) TEMPERATURE MONITORING REQUIREMENTS.

SECTION 4. NR 422.142 (3) (b) is created to read:

NR 422.142 (3) (b) The owner or operator of any lithographic printing press subject to the VOC control device requirements of sub. (2) (a) shall comply with the the monitoring requirements in s. NR 422.143 (5) (b).

SECTION 5. NR 422.142 (4) (intro.) and (a) are amended to read:

NR 422.142 (4) RECORDKEEPING REQUIREMENTS. In addition to the applicable recordkeeping requirements in s. NR 439.04, the owner or operator of any lithographic printing press shall collect and record the applicable information specified in this subsection. The information shall be maintained at the facility for a minimum of 5 years and shall be made available to an authorized department representative at any time during normal working hours. The information required is all of the following:

(a) For a heatset web lithographic printing press using a control device, for each day of operation all of the following:

1. Control device Temperature monitoring data for the control device in accordance with sub. (3) (b) for each day of operation.

2. A log of the operating time for or record of any time when the control device, or control device monitoring equipment and is offline while the associated printing line or is in operation.

3. A maintenance log for the control device and control device monitoring equipment detailing all routine and non−routine maintenance performed and including the dates and duration of any outages.

SECTION 6. NR 422.142 (4) (a) 4. is created to read:

NR 422.142 (4) (a) 4. Annual inspection results for catalytic oxidizers.

SECTION 7. NR 422.142 (4) (d) and (e), and (5) (b) 1. and 2., (c), and (d) are amended to read:

  NR 422.142 (4) (d) For each blanket or roller wash cleaning solution prepared, the percent by weight VOC content or the VOC composite partial vapor pressure as applied and the vapor pressure of each VOC component.

  (e) For each month of operation, the volume of all blanket or roller wash cleaning solutions used which does that do not meet the emission limitations of sub. (2) (c) 1., as allowed under sub. (2) (c) 2.

  (5) (b) 1. Any facility with allowable VOC emissions from lithographic printing presses of 100 tons or more per year shall perform an emission test which that demonstrates compliance with sub. (2) (a) every 24 months. Each biennial test shall be performed within 90 days of the anniversary date of the initial emission test or an alternate date approved by the department. The testing exceptions listed in s. NR 439.075 (4) may apply to this test schedule.

2. Any facility with allowable VOC emissions from lithographic printing presses of less than 100 tons per year shall perform an initial emission test which that demonstrates compliance with sub. (2) (a) every 48 months. Each test shall be performed within 90 days of the anniversary date of the initial emission test.

  (c) The VOC content of lithographic inks, blanket or roller wash the as-applied fountain solutions and cleaning solutions shall be determined in accordance with s. NR 439.06 (3) (j) 422.143 (7) (c).

  (d) The vapor pressure of each VOC composite partial vapor pressure of each cleaning solution in blanket or roller wash shall be determined by ASTM D2879−10, incorporated by reference in s. NR 484.10 (39m) in accordance with s. NR 422.143 (7) (d).

SECTION 8. NR 422.143 (1) (a) is amended to read:

  NR 422.143 Lithographic printing — part 2. (1) APPLICABILITY. (a) Subsections (3) (b) and (c) and (4) apply This section applies to the owner or operator of a printing facility that operates a lithographic printing press in the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha if actual VOC emissions from all lithographic printing presses, including related lithographic cleaning activities and fountain solution use at the facility, before consideration of controls, equal or exceed 3 tons on a 12 consecutive month rolling basis. When determining the VOC emissions for applicability under this paragraph, the VOC emissions from the cleaning of electronic components of a lithographic printing press, pre−press and post−press cleaning operations and the use of janitorial supplies used to clean around a lithographic printing press are excluded. The VOC emissions from solvents used in cold cleaners are excluded for applicability purposes and meets the criteria in subd. (1) (a) 1. and 2.

SECTION 9. NR 422.143 (1) (a) (Note) is repealed.

SECTION 10. NR 422.143 (1) (a) 1. and 2. and (am) are created to read:

NR 422.143 (1) (a) 1. The facility has actual VOC emissions from all lithographic printing presses, including related lithographic cleaning activities and fountain solution use at the facility, before consideration of controls, equal to or greater than 3 tons on a 12 consecutive month rolling basis.

2. The facility meets any of the following criteria:

a. The facility is located in Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha County.

b. The facility is constructed or modified on or after the effective date of this rule [LRB inserts date] and is located in Kewaunee or Manitowoc county.

c. The facility is located in any area designated as a moderate, serious, severe, or extreme ozone nonattainment area.

d. The facility is located in any area formerly designated as a moderate, serious, severe, or extreme ozone nonattainment area that has subsequently been redesignated to attainment, except for any facility subject to s. NR 422.142.

(am) When determining the VOC emissions for applicability under this paragraph, the VOC emissions shall include the emissions from the use of inks, fountain solutions, and cleaning solutions as defined in s. NR 422.02 (14m).