BOARD: 

Paul C. Aughrry, I11 

~QQI ROm: 

t Henry C. Scott 

Chairman L 

Edwin H. Cooper, 111 M. David Mitchell, MD 

Vice Chairman 

PROMOIE PROTECT PROSPER Glenn A. McCall 

Steven G. Kisner 

Secretary C. Earl Hunter, Commissioner Colen~an F. Buckhouse, MU 

I'rormti~~g cmdpot~tir~g thr hzdlth qf the public md tl~r e~z~iro~rinmt 

July 9, 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 IV 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 (NAAQS) for ozone. The C,4A fkther directs the EPA to divide 

the list of categories to be regulated into four groups. 

The EPA published the initial list in the E'ederul 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 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 nonattainrnent 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 Languuge for Negcrtive Declurrrtion for 

use with 8-how Ozone Reason~~bly Avuiluble Control Technology - State Implernentution Plan 

(RAC'T SIP) Certification, a State must adopt a control method if it has a source in its area 

SOUTH CAROLINA DEPARTMENT OF H E A L T H A N D EN\TIRONhIEbJ'rAL CONTROL 

2600 Bull Street Columbia, SC 29201 Phone: (803) 898-3432 www.scdhec.gov 
South Carolina.Negative ~eclaration for Applicability of Croup IV CTG 

July 9,9009 

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 

CharlottelGastonidRock 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 July 14, 2008, (as a result of the 2006 revisions) a final CTG for the Group IV 

(Miscellaneous Metal Product Coatings, Plastic Parts Coatings, Auto and Light-Duty Truck 

Assembly Coatings, Fiberglass Boat Manufacturing Materials, and Miscellaneous Industrial 

Adhesives) sources was published in the Federcrl Register (73 FR 40230). 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 IV 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 July 14, 2009. 

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 IV 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 C'urolinct Stute Register on May 22, 

2009 (Attachment A). At the conclusion of the public comment period, a public hearing was 

offered on June 30, 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 Chrolina State Register on May 22,2009. 

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 CarolinaNegative Declaration for Applicability of Group IV CTG 

July 9,2009 

Page 3 

by the North American Industry Classification System WAICS] codes in 73 FR 40230) in the 

current ozone nonattainment area in South Carolina subject to the Group IV 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 masonmr@,dhec.sc.gov. 

Robert W. King, Jr., P.E. 

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 

May 22,2009. 
Attachment A 

South Carolina State Register Notice of Public Hearing 

May 22,2009 
NOTICES 11 

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 nonattainrnent 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. 

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 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 3 1, 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 July 14,2008, (as a result of the 2006 revisions) a final CTG for the Group IV (Miscellaneous Metal Product 

Coatings, Plastic Parts Coatings, Auto and Light-Duty Truck Assembly Coatings, Fiberglass Boat 

Manufacturing Materials, and Miscellaneous Industrial Adhesives) sources was published in the Federal 

Register (73 FR 40230). 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 IV 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 July 14,2009. 

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 IV 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. 

South Carolrna State Register C'ol 33, Issue 5 

May 22,2009