BOARD: Paul C.Aughrry, I11 

## ~QQI ROm:

t HenryC. 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 thrhzdlth qf the public mdtl~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. TheC,4A fkther directsthe EPA to divide the list ofcategoriesto 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 mostrecent 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 betweenNovember 15, 1990, andthe date of attainment" (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 nonattainrnent areas, have in place all RACT for source categories covered by a Control Techniques Guideline 

### (CTG)document and formajor sourcesthat are not subjectto a CTG.
Per Mr. Steckel's letter dated March 25, 2006, 

### Sample Languugefor Negcrtive Declurrrtionfor 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

SOUTHCAROLINADEPARTMENT OFH E A L T H A N DEN\TIRONhIEbJ'rALCONTROL 2600BullStreet Columbia,SC29201 Phone:(803)898-3432 www.scdhec.govSouth Carolina.Negative ~eclaration for Applicability ofCroup 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 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 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 subjectto 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 inthepublic notice andthe State's laws and constitution..

### ."
As such,the Department published a notice of intent to amend the SIPand an announcement ofa 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 ChrolinaState Register onMay 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 liketo certify in writing to the EPA that there areno sources (as describedSouth CarolinaNegative Declaration for Applicability ofGroup IV CTG July 9,2009 Page 3


### by the North American Industry Classification System WAICS] codes in 73 FR 40230) in the current ozonenonattainment areain South Carolina subjectto the Group

### IV CTGs. Should you have any further questions concerning this certification, please feel free to contact Maeve 

### S.R. Mason ofmy staffat (803) 898-2230 or masonmr@,dhec.sc.gov.

Robert 

### W.King, Jr., P.E. Deputy Commissioner Environmental Quality Control SouthCarolina Department ofHealth and Environmental Control

ec: Richard A. 

### Schutt, Chief, Air Planning Branch, U.S.EPA Region4 

### 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 ofAir Planning, Development & 

### Outreach, Bureau of Air 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 May 22,2009.

# Attachment

# A
SouthCarolina State Register Notice of Public Hearing May 

# 22,2009NOTICES 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 ofthe 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 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 beingMay 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 sourcescovered by a CTGdocument issued between November 15, 1990, and the date of attainment" (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 ensurethat all moderate and abovenonattainment areas, have in place all RACT for source categoriescovered by a CTG document and for major sourcesthat are not subject to a CTG. States must adopt control methods for sources in its nonattainrnent area(s) subject to a CTG. Alternatively, a Statemay alsodeclarethat there are no sources in its nonattainment area(s) subject to aRACTrequirement, and therefore, the requirement to adopt a rule forthose sources doesnot 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 ofthis designation, the Department is requiredto amendthe 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). Sincethen, additional CTGs have been promulgated. OnJuly 14,2008,(as aresult ofthe 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 SIPrevision. For the Group IV sources (the subject ofthis Notice), the EPA provides that States should submit their SIP revisions within one year of the date that the CTGs are finalized, orJuly 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 commentsreceived, a lettertothis effect will be sent to the EPA.

South CarolrnaState Register C'ol 33,Issue5 May 22,2009