i BOARD: BOARD: Paul C.Aughtry, I11 Henry C.Scott chairman Edmin H. Cooper, 111 M. David Mitchell. MD Vice Chairman PROMOTE PROTECT PROSPER Glenn A. McCall Steven G. Kisner Secretary C. Earl Hunter, Commissioner Coleman F. Buckhouse, MD



### February 23,2009
A. Stanley Meiburg, Acting Regional Administrator US EPA Region4 Atlanta Federal Center 61 Forsyth Street, SW Atlanta, GA 30303-8909
Re: Negative Declaration for Applicability of Group 

### I11 Control Techniques Guidelines (CTGs) for the South Carolina (SC) 8-Hour Ozone Attainment Demonstration For the Portion of York County, SC Within the Rock Hill Fort Mill Area Transportation Study (RFATS) Metropolitan Planning Organization

### (MPO) Dear Mr. Meiburg:
The Clean Air Act (CAA) (section 183(e))directs the Environmental Protection Agency (EPA) to list regulated categories of consumer and commercial products that account for at least 80 percent of the volatile organic compounds (VOC) emissions in areas that violate the National Ambient Air Quality Standards (NMQS)for ozone. The CAA further directs the EPA to divide the list of categories to be regulated into four groups. The EPA published the initial list in the 

### Federal Register on March 23, 1995. Since then, however,the EPA has revised the list several times, with the most recent being May 2006.
"CMsection 172(c)(l)provides that state implementation plans (SIPs) for nonattainment areas must include 'reasonable available control measures (RACM),' including RACT, for sources of emissions. CAA section 182(b)(2)(A)provides that for certain nonattainment areas, States must revise their SIPs to include RACT for each category of VOC sources covered by a CTG document issued between November 15, 1990, and the date ofattainment" (72 

### FR 57218).


### The EPA defines RACT as the lowest emission limitation that a particular source is capable of meeting by the application of control technology (i.e., devices, systems, process modification, or other apparatus or techniques that reduce air pollution) that is reasonably available considering technological and economic feasibility. The RACT requirement is meant to ensure that all moderate and above nonattainment areas, have in place all RACT for source categories covered by a Control Techniques Guideline (CTG) document and for major sources that arenot subject to a CTG.
Per Mr. Steckel's letter dated March 25, 2006, 

### Sample Languagefor Negative Declaration for use with 8-hour Ozone Reasonably Available Control Technology - 

### State Implementation Plan (RACT SIP) Certification, a State must adopt a control method if it has a source in its area

SOUTH CAROLINA 

### DEPARTMENTOF

### HEALTH AND ENVIRONMENTALCONTROL, 2600BullStreet Columbia,SC29201 Phone:(803)898-3432 www.scc1hec.gov

### South Carolina Negative Oe ion for Applicability 

### of Group

### I11 CTG February 23,2009 Page 2 

### subject to a CTG. Alternatively, a State may also declare that there are no sources in its area subject to a RACT requirement, and therefore, the requirement to adopt a rule for those sources isno longer applicable.
As you know, on April 30, 2004, the EPA designated and classified a portion of York County, South Carolina within the Rock Hill Fort Mill Area Transportation Study (RFATS) Metropolitan Planning Organization (MPO) as 

### a moderate nonattainment area forthe 8-hour ozone NAAQS as 

### part ofthe Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina nonattainmentarea. As a result of this designation, the South Carolina Department of Health and Environmental Control (SCDHEC or Department) is required to amend the SIP, in accordance with the requirements of the CAA, as amended (42 U.S.C. 7401 et seq.). The South Carolina attainment SIP for the Charlotte/Gastonia/Rock Hill (York County, SC) 8-hour ozone nonattainment area addresses the CTGs that were established up until May 2006. Since then, additional CTGs have been promulgated.
On October 9, 2007, (as a result of the 2006 revisions) a final CTG for the Group I11 (Paper, Film, and Foil Coatings, Metal Furniture Coating and Large Appliance Coatings) sources was published inthe

### Federal Register (72 FR 5721 5). The CM section 182(b)(2)provides any CTG issued after 1990 specify the date by which States are required to submit a SIP revision. For the GroupI11 sources,the EPAprovides that States should submit their SIPrevisions within oneyear ofthe date that the CTGs are finalized, or October 9,2008.
The Department has reviewed its permit files and emission inventory and has determined that there are no stationary sources or emitting facilities located in the York County ozone nonattainment area subject to the aforementioned GroupI11 CTG category.
The Clean Air Act (CAA) provides that SIP revisions submitted by a State must afford "reasonable notice and public hearing." Furthermore, the completeness criteria indicate that a complete submission must include, "Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice" and "Certification that public hearing(s) were held in accordance with the information provided inthepublic notice and the State's laws and constitution..."


### As such,the Department published a notice ofintent to amend the SIP and an announcement of a 30-day comment period and public hearing in the 

### South Carolina State Register on December 26, 2008 (Attachment A). On the same day, a prehearing package was submitted to the EPA Region 4. At the conclusion of the public comment period, a public hearing was offered on February 3, 2009. No comments from the public were received, nor was a public hearing requested. *Therefore the final Amendment to the SIP takes effect upon publication of the aforementioned notice in the

### South CarolinaState Register on December 26,2008. Correspondence between the Department and Region 4 staff clarified that in light of this fact, South Carolina need only provide a formal written letter certifying that this is the case. As such, the Department would like to certify in writing to the EPA that there are no sources (as described

### South Carolina Negative de ion for Applicability of Group 

### I11 CTG February 23,2009 Page 3 

### by the North American Industry Classification System WAICS] codes in 72 

### FR 57215) in the current ozone nonattainment area in South Carolina subject to the Group 111CTGs.
Should you have any further questions concerning this certification, please feel free to contact Maeve S.

### R. Mason ofmy staff at (803) 898-2230 or masollmr@dhec.sc.~ov.

Robert W. King,Jr.,

# ~.k. Deputy Commissioner Environmental Quality Control South Carolina Department ofHealth and Environmental Control

ec: Richard A. Schutt, Chief, Air Planning Branch, U.S. EPA Region 4 Lynorae Benjamin, Chief, Regulatory Development Section Zuri Farngalo, Regulatory Development Section

cc: Myra 

### C. Reece, Chief, Bureau of Air Quality, SCDHEC Renee Shealy,Assistant Bureau Chief,Bureau ofAir Quality, SCDHEC Robert J. Brown, Jr.,Director, Division ofAir Planning, Development & 

### Outreach, Bureau ofAir Quality, SCDHEC Maeve S.R. Mason, Manager, Regulation Development, Bureau ofAir Quality, SCDHEC
Attachment A:South Carolina 

### State Register 

### Notice of Public Hearing 

## - Published on December 26,2008.

# Attachment 

# A

SouthCarolina

# StateRegister Notice ofPublicHearing December 26,2008NOTICES 3
DEPARTMENT OFHEALTHAND ENVIRONMENTALCONTROL
PUBLICNOTICE Statutory Authority: S.C. Code Section 48-1-10 et seq.
The South Carolina Department of Health and Environmental Control (Department) is publishing this public notice to provide interested persons the ability to comment on the Department's response to meet obligations of the United States Environmental Protection Agency (EPA). Specifically, the Department proposes to address the requirements of the EPA regarding the Control Techniques Guideline (CTG) Rule, pursuant to Section 182(b)(2)(A) of the CAA. To be considered, comments must be received by January 26, 2009, the close of the drafting comment period. The Department is also providing the public with the opportunity to request a public hearing on the issue. If requested, a public hearing will be held on Tuesday, February 3, 2009, at 1p.m., in room 3 141ofthe SimsBuilding, 2600 Bull Street, Columbia, South Carolina. The public is invited to attend. However, pursuant to 40 CFR 51.102, if no request for a public hearing is received by the close of the comment period (January 26, 2009), the hearing will be cancelled. If the public hearing is cancelled, the Department will notify the public at least one week prior to the scheduled hearing via the "Scheduled Public Hearings" link on the Air Quality Regulation Development webpage at 

### 1~tt~://www.scdhec.aov/environment/baq/re~ulato~.~~x. Interested persons may also contact Maeve S. R. Mason, Regulatory Development Section, Bureau of Air Quality, at 2600 Bull Street, Columbia, SC 29201, or via phone at (803) 898-2230 formore information ortofind outwhether the public hearing will be held. Synopsis:
The Clean Air Act (CAA) (section 183(e)) directs the EPA to list regulated categories of consumer and commercial products that account for at least 80percent of the volatile organic compounds (VOC) emissions in areas that violate the National Ambient Air Quality Standards (NAAQS) for ozone. The CAA further directs EPA to divide the list ofcategories tobe regulated into four groups.
The EPA published the initial list in the 

### Federal Register on March 23, 1995. Since then, however, the EPA hasrevised the list several times, with the most recent being May 2006.
"CAA section 172(c)(l) provides that state implementation plans (SIPs) for nonattainment areas must include 'reasonable available control measures (RACM),' including RACT, for sources of emissions. CAA section 182(b)(2)(A) provides that for certain nonattainment areas, States must revise their SIPs to include RACT for each category of VOC sources covered by a CTG document issued between November 15, 1990, and the date ofattainment" (72 FR 572

### 18).
The EPA defines RACT as the lowest emission limitation that a particular source is capable of meeting by the application of control technology (i.e., devices, systems, process modification, or other apparatus or techniques that reduce air pollution) that is reasonably available considering technological and economic feasibility. The RACTrequirement is meant to ensure that all moderate and above nonattainment areas, have in place all RACT for source categories covered by a CTG document and for major sources that are not subject to a CTG.
States must adopt control methods for sourcesin its nonattainment area(s) subject to a CTG. Alternatively, a Statemay also declare that there are no sources in its nonattainment area(s) subject to a RACT requirement, and therefore, the requirement to adopt a rule for those sources doesnot apply.

South CarolmaState Register Vol.32,Issue 12 December 26,20084 NOTICES
On April 30, 2004, the EPA designated and classified a portion of York County, South Carolina within the Rock Hill Fort Mill Area Transportation Study (RFATS) Metropolitan Planning Organization (MPO) as a moderate nonattainment area for the 8-hour ozone NAAQS as part of the Charlotte-Gastonia-Rock Hill, North Carolina - South Carolina nonattainrnent area. As a result of this designation, the Department is required to amend the SIP, in accordance with the requirements of the CAA, as amended (42 U.S.C. 7401 et seq.). On August 31, 2007, the Department submitted a Reasonably Available Control Technology (RACT)/Reasonably Available Control Measures (RACM) SIP and the Rock Hill-Fort Mill Area Transportation Study (RFATS) 8-Hour Ozone Attainment Demonstration (SIP Amendment) for the Charlotte/Gastonia~Rock Hill (York County, SC) 8-hour ozone nonattainment area to the EPA which addressed the CTGs that had been promulgated up to that point (May 2006). Since then, additional CTGs have been promulgated.
On October 9, 2007, (as a result ofthe 2006 revisions) a final CTG for the Group 111 (Paper, Film, and Foil Coatings, Metal Furniture Coating and Large Appliance Coatings) sources was published in the Federal Register (72 FR 57215). The CAA section 182(b)(2) provides that any CTG issued after 1990 specify the date by which States are required to submit a SIP revision. For the Group I11 sources (the subject of this Notice), the EPA provides that States should submit their SIPrevisions within one year of the date that the CTGs are finalized, or October 9, 2008.
The Department has reviewed its permit files and emissions inventory and has determined that there are no stationary sources or emitting facilities located 

### in the York County ozone nonattainment areathat are subject to the following Group I11 CTG category sources as defined by the aforementioned Federal Register Notice. Pending any commentsreceived, 

### a lettertothis effect will be senttothe EPA. Category Paper, film,and foil coatings

Metal furniturecoatings

Large appliancecoatings North American Industry ClassificationSystem Code 322221,322222,322223,322224, 322225,322226,322229,325992, 326lll,326112,326lI3,326l3, 32791.339944. Examples of affected entities
Facilitiesthat apply coatings to packaging paper, paper bags, laminated aluminumfoil, coated paperboard, photographic film, abrasives, carbonpaper, and other coated paper, film and foil products. Facilities that apply coatings to metal furniture components or products.
Facilities that apply coatings to household and commercial cooking equipment, refrigerators,laundry equipment,laundry drycleaningand pressing equipment.

South Carol~na Slate Regrsler Cbl.32,Issue 12 December 26,2008