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 Region 4 

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. 

"CM 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 of attainment" (72 FR 5721 8). 

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 are not subject to 

a CTG. 

Per Mr. Steckel's letter dated March 25, 2006, Sample Language for 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 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, 

2600 Bull Street Columbia, SC 29201 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 

is no 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 for the 8-hour ozone NAAQS as 

part of the Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina nonattainment area. 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 in the 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 

Group I11 sources, the EPA provides that States should submit their SIP revisions within one year 

of the 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 Group I11 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 in the public notice and the State's laws and constitution.. ." 

As such, the Department published a notice of intent 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 Carolina State 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 111 CTGs. 

Should you have any further questions concerning this certification, please feel free to contact 

Maeve S. R. Mason of my staff at (803) 898-2230 or masollmr@dhec.sc.~ov. 

Robert W. King, Jr., ~.k. 

Deputy Commissioner 

Environmental Quality Control 

South Carolina Department of Health 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 of Air Quality, SCDHEC 

Robert J. Brown, Jr., Director, Division of Air Planning, Development & Outreach, 

Bureau of Air Quality, SCDHEC 

Maeve S.R. Mason, Manager, Regulation Development, Bureau of Air Quality, SCDHEC 

Attachment A:South Carolina State Register Notice of Public Hearing - Published on 

December 26,2008. 
Attachment A 

South Carolina State Register Notice of Public Hearing 

December 26,2008 
NOTICES 3 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

PUBLIC NOTICE 

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 1 p.m., in room 3 141 of the Sims Building, 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 for more information or to find out whether 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 80 percent 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 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. 

"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 of attainment" (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 RACT requirement 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 sources in its nonattainment area(s) subject to a CTG. Alternatively, a 

State may 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 does not apply. 

South Carolma State Register Vol. 32, Issue 12 

December 26,2008 
4 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 of the 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 SIP revisions 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 area that are subject 

to the following Group I11 CTG category sources as defined by the aforementioned Federal Register Notice. 

Pending any comments received, a letter to this effect will be sent to the EPA. 

Category 

Paper, film, and foil coatings 

Metal furniture coatings 

Large appliance coatings 

North American Industry 

Classification System Code 

322221,322222,322223,322224, 

322225,322226,322229,325992, 

326lll,326112,326lI3,326l3, 

32791.339944. 

Examples of affected entities 

Facilities that apply coatings to 

packaging paper, paper bags, 

laminated aluminum foil, coated 

paperboard, photographic film, 

abrasives, carbon paper, 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 drycleaning and 

pressing equipment. 

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

December 26,2008