ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING; RENUMBERING AND AMENDING; CONSOLIDATING, RENUBERING AND AMENDING; AMENDING; AND CREATING RULES
The Wisconsin Natural Resources Board adopts an order to repeal NR 422.143 (1) (a) (Note), (1) (b), (3) (c) 1., and (8) (a) and (b) (title); to renumber and amend NR 422.142 (3), 422.143 (5), (7) (c), and (8) (b) 1. and 2.; to consolidate, renumber and amend NR 422.143 (3) (c) (intro.) and 2.; to amend NR 422.142 (1) (a), (1m) (f), (2) (c) (title), 1., and 2. (intro.), (4) (intro.), (a), (d), and (e), (5) (b) 1. and 2., (c), and (d), 422.143 (1) (a), (1m) (f), (2) (intro.) and (a), (6) (intro.), (a), (d), and (e), and (7) (a), (b) 1. and 2.; and to create NR 422.02 (7c), (14m) and (45e), 422.142 (3) (b) and (4) (a) 4., 422.143 (1) (a) 1. and 2. and (am), (5) (b), (6) (a) 4., (7) (c) 1. and 2. and (d), and (8) (c), relating to regulating volatile organic compound emissions from lithographic printing facilities and affecting small business. |
AM-18-13
Analysis Prepared by the Department of Natural Resources
1. Statute interpreted: Section 285.11(6), Stats. The State Implementation Plan developed under s. 285.11(6), Stats., is revised. 2. Statutory authority: Sections 227.11(2)(a), 285.11(1) and (6), and 285.17, Stats. 3. Explanation of agency authority: Section 227.11(2)(a), Stats., expressly confers rulemaking authority to an agency where such rules are necessary to effectuate the purpose of existing statutory authority. Section 285.11(6), Stats., requires the Wisconsin Department of Natural Resources (the department) to develop one or more comprehensive plans for the prevention, abatement and control of air pollution in this state. In addition, the department is responsible for the revision and implementation of the plans. Sections 285.11 and 285.17, Stats., allow the department to categorize organic compound emissions into separate organic compound air contaminant source categories, and to establish emission limitations or other requirements for these categories of sources in order to protect air quality. The proposed rule changes will clarify the existing state rule requirements for lithographic printing operations in the southeastern part of Wisconsin and will streamline the implementation of these state rules. 4. Related statute or rule: There are no other statutes or rules directly related to the proposed rule changes.
5. Plain language analysis: The main objectives of the proposed rule changes are to clarify and streamline the requirements for lithographic printing facilities. Currently, there are two state rules (ss. NR 422.142 and NR 422.143, Wis. Adm. Code) regulating the volatile organic compound (VOC) emissions from lithographic printing operations. Section NR 422.142, Wis. Adm. Code (Lithographic printing - Part 1) contains requirements that were established as Reasonably Available Control Technology (RACT) requirements for the 1979 1-hour ozone National Ambient Air Quality Standard (NAAQS) for nine counties in southeast Wisconsin (Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha Counties), and became effective on July 1, 1995. Section NR 422.143, Wis. Adm. Code (Lithographic printing - Part 2) was established as RACT requirements for the 1997 8-hour ozone NAAQS for seven counties located in southeast Wisconsin (Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha), and became effective on August 1, 2009. The requirements in Part 2 are mostly based on the limits established in the Control Techniques Guidelines (CTG) for Offset Lithographic Printing and Letterpress Printing, published by the U.S. Environmental Protection Agency (EPA) in 2006. While technically sufficient, the department received internal and external feedback that the two-part organizational structure of these rules creates potential confusion in the application of the rules. In order to clarify and streamline the requirements in these two rules, the department is proposing the following changes to ss. NR 422.142 and 422.143, Wis. Adm. Code: (A) Change the applicability for Part 1: Currently, section 422.142, Wis. Adm. Code, (Part 1) applies to nine counties in southeast Wisconsin. Seven of these counties (Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha) are also regulated by s. 422.143, Wis. Adm. Code (Part 2). This creates confusion about the applicable requirements for the lithographic printing facilities located in these seven counties, since the requirements in Part 1 and Part 2 are slightly different. Since the requirements of s. NR 422.143, Wis. Adm. Code, are generally more stringent and are consistent with the latest CTG published by EPA in 2006, the department is proposing to remove these seven counties from the list of the affected facilities under of s. NR 422.142, Wis. Adm. Code.
In addition, the printing industry has suggested that Part 2 requirements apply to the new and modified facilities located in Kewaunee and Manitowoc counties since Part 2 requirements are more consistent with the latest CTG. Although Part 2 has higher control efficiency requirements for the add-on control devices, the printing industry stated that the new control devices will be able to meet the higher efficiency requirements specified in Part 2. Therefore, the department has narrowed the applicability of Part 1 requirements to only cover any existing facility located in Kewaunee and Manitowoc counties. Currently, there is only one existing lithographic printing facility located in these two counties.
(B) Replace the term “blanket or roller wash” with “cleaning solution”: The current version of Part 1 and Part 2 includes VOC emission limitations for “blanket or roller wash.” The current definition for “blanket or roller wash” in s. NR 422.02 (12), Wis. Adm. Code, could be interpreted to include all the printing press related cleaning activities, including blanket wash, roller wash, metering roller cleaner, plate cleaner, and other cleaners used for cleaning press parts or to remove dried ink or coating from areas around the press. However, the printing industry refers to “blanket or roller wash” as the solvents used for blanket wash and roller wash only. To avoid potential confusion, the department is proposing to replace the term “blanket or roller wash” with “cleaning solution” in ss. NR 422.142 and 422.143, Wis. Adm. Code. This is also consistent with the terms used in EPA’s 2006 CTG. The department is proposing to add the definition of “cleaning solution” to s. NR 422.02, Wis. Adm. Code. (C) Revise the VOC emission limits for blanket or roller wash: The department is proposing to revise the VOC emission limit for “blanket or roller wash” in ss. NR 422.142 (2) (c) and 422.143 (3) (c), Wis. Adm. Code, to be based on the VOC emission limit for “cleaning solution” for the reason discussed in paragraph (B) above. The VOC content limit for “blanket or roller wash” currently contained in s. NR 422.142 (2) (c), Wis. Adm. Code, is less than 30% by weight. The VOC content limits for “blanket or roller wash” currently contained in s. NR 422.143 (3) (c), Wis. Adm. Code, are less than 30% by weight for non-ultraviolet ink application equipment and less than 70% for ultraviolet ink application. The printing industry stated that the VOC content limit of 30% by weight is impractical. The printing industry asserted that this VOC content limit originated in the 1993 draft CTG. The 30% VOC content limit for cleaners is not included in the final 2006 CTG published by EPA. The VOC content limit for cleaning solutions in the final 2006 CTG is less than 70% by weight. The department is proposing to revise the VOC content limits for the cleaning solutions in ss. NR 422.142 (2) (c) and 422.143 (3) (c), Wis. Adm. Code, to be less than 70% by weight, regardless of the type of ink applications. This change is consistent with the VOC content limits in the 2006 CTG. 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.
