BOARD: BOARD: 

AU~I'IAnuler 

Chairman 

R. Kenyon Weill 

MllfkS.lutl 

VIet Chalrm~n 

Catherine B. Templeton. Director 

Promoting and protecting the health of the public and the environment 

July 17,2012 

Gwendolyn Keyes Fleming, Esq. 

Regional Administrator 

US EPA Region 4 

Atlanta Federal Center 

61 Forsyth Street, S.W. 

Atlanta, GA 30303-8909 

L. Clarence BatfS. Jr. 

Ann B. Kirol. DDS 

. John O. Hutto. Sr .. MD 

Re: South Carolina Air Quality Implementation Plan, 2008 8-hour Ozone Infrastructure 

Requirements 

Dear Ms. Fleming: 

I am writing today to inform the United States Environmental Protection Agency (EPA) that the 

South Carolina Department of Health and Environmental Control (Department) has certified that 

the Clean Air Act (CAA) Sections 1l0(a)(I) and (2) requirements for the 2008 8-hour ozone 

National Ambient Air Quality Standards (NAAQS) have been met and that the Department has 

properly public noticed our SIP amendment. We are again formally requesting that the EPA 

acknowledge this certification as a demonstration that the South Carolina Air Quality 

Implementation Plan (SIP) is adequate in addressing the 2008 8-hour ozone NAAQS. 

During the Department's October 9,2011, quarterly call with EPA Region 4 staff, the Department 

was informed that as long as their current SIP includes all of the required infrastructure elements to 

implement, maintain, and enforce the 2008 ozone NAAQS, states could rely on previous ozone 

infrastructure submittals. This reliance meant that states need only certify the current SIP as 

adequate in addressing the 2008 ozone NAAQS, and that public notice was not required. This was 

affirmed by the EPA in the July 13, 2011, (76 FR 41111) final rule approving the December 13, 

2007, submission by the Department demonstrating that South Carolina meets the SIP 

requirements of Sections 110(a)(1) and (2) of the CAA for the 1997 ozone NAAQS. The final rule 

(76 FR 41111) stated that South Carolina's "infrastructure submission" provided to the EP A on 

December 13, 2007, addressed all the required infrastructure elements for the 1997 ozone N AA QS. 

Based on this final action, the Department believes our SIP is sufficient in addressing the necessary 

requirements for implementing, maintaining, and enforcing the 2008 ozone NAAQS and certified 

this belief to the EPA on October 24, 2011. 

EPA Region 4, however, recently informed the Department of the need to public notice the 

certification letter that the Department originally submitted to the EPA on October 24, 2011. The 

Department published a "Notice of General Public Interest" on May 25, 2012, in order to afford 

the public the opportunity to comment on the certification and/or request a Public Hearing. The 

Department did not receive any comments or a request for a Public Hearing by the end of the 

SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

2600 Bull Street 0 Columbia, SC 29201 0 Phone: (803) 898-3432 0 www.scdhec.gov 
Appendix D 

Copy of Legal Authority 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix D 

Page 1
LEGAL AUTHORITY1

No plan for attaining a goal, the attainment of which is dependent upon regulatory action, can be used 

with any degree of effectiveness unless the legal framework is strong. Consequently, the Requirements 

for Preparation, Adoption, and Submittal of Implementation Plans, 40 CFR 51, as amended, define the 

necessary statutory powers which must be immediately available to states to carry out the responsibility to 

the Clean Air Act. 

40 CFR 51.230 sets forth six specific requirements for State authority. The South Carolina Pollution 

Control Act, Act 1157 of 1970, as amended, S. C. Code Sections 48-1-10 thru - 350 (1976), provides the 

State’s authority to respond to these requirements. The Attorney General of the State of South Carolina 

has given an opinion as to the adequacy of South Carolina laws, as follows: 

Legal Authority Required 

40 CFR 51 

Adequacy of 

S. C. Law S. C. Statutes Involved 

(a) “Adopt emission standards and limitations and 

any other measures necessary for attainment and 

maintenance of national standards.” 

Adequate S. C. Code Secs. 48-1-20, 48-1-50(23) 

(b) “Enforce applicable laws, regulations, & 

standards, and seek injunctive relief.” Adequate 

S. C. Code Sec. 48-1-50(1), (3), (4), (5), 

(11); Secs. 48-1-120, 48-1-130, 

48-1-210, 48-1-320, 48-1-330. 

(c) “Abate pollutant emissions on an emergency 

basis to prevent substantial endangerment to the 

health of persons, i.e., authority comparable to 

that available to the Administrator under section 

305 of the Act.” 

Adequate S. C. Code Sec. 48-1-290. 

(d) “Prevent construction, modification, or 

operation of a facility, building, structure, or 

installation, or combination thereof, which 

directly or indirectly results or may result in 

emissions of any air pollutant at any location 

which will prevent the attainment or maintenance 

of a national standard.” 

Adequate S. C. Code Sec. 48-1-50(5), (10); Secs. 

48-1-100, 48-1-110. 

(e) “Obtain Information necessary to determine 

whether air pollution sources are in compliance 

with applicable laws, regulations, and standards, 

Including authority to require recordkeeping and 

to make inspections and conduct tests of air 

pollution sources.” 

Adequate S. C. Code Sec. 48-1-50(10), (20), (22), 

(24). 

(f) “Require owners or operators of stationary 

sources to install, maintain, and use emission 

monitoring devices and to make periodic reports 

to the State on the nature and amounts of 

emissions from such stationary sources; also 

authority for the State to make such data available 

to the public as reported and as correlated with 

any applicable emission standards or limitations.” 

Adequate S. C. Code Secs. 48-1-50(22), 48-1-270. 

1

 Section 2 of the EPA-approved South Carolina Air Quality Implementation Plan (SIP), which defines the State’s 

statutory powers as required in 40 CFR 51.230. 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix D 

Page 2
Public Hearings 

The South Carolina Pollution Control Act provides for notice and public hearings prior to action by the 

Board of Health and Environmental Control concerning adoption of regulations and standards, adoption 

or modification of final compliance dates, and other specified legal actions. 

Additionally, Act 176 of 1977 enacted by the South Carolina General Assembly requires, among other 

things, that at least thirty days public notice be given before adoption, amendment or repeal of any rule. It 

also requires that the substance of the intended action or a description of the subjects and issues involved 

be made known. While this act escapes the actual requirement for a public hearing in each case, the two 

Acts taken together do impose the requirement of a thirty days notice of public hearing, assuring 

compliance with the requirements of 40 CFR 51.102, as amended. 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix D 

Page 3
Appendix C 

South Carolina State Register 

Notice of General Public Interest, May 25, 2012 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix C 

Page 1
NOTICES 11 

South Carolina State Register Vol. 36, Issue 5 

May 25, 2012 

 UPON APPROVAL AND ENTRY OF THE AGREEMENTS BY THE COURT, ANY AND ALL 

CLAIMS BY ANY AND ALL PERSONS AGAINST SETTLING DEFENDANTS SEEKING 

CONTRIBUTION PROTECTION FOR MATTERS ENCOMPASSED BY THE AGREEMENT SHALL BE 

FORECLOSED. 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

NOTICE OF GENERAL PUBLIC INTEREST 

NOTICE TO AMEND AIR QUALITY STATE IMPLEMENTATION PLAN 

Statutory Authority: 1976 Code Sections 48-1-10 et seq. 

South Carolina Air Quality Implementation Plan:

The Department of Health and Environmental Control (Department) proposes to amend the South Carolina Air 

Quality Implementation Plan, also known as the State Implementation Plan, or SIP. Interested persons are 

invited to present their views in writing to Melinda C. Mathias; Division of Air Assessment, Innovations and 

Regulation, Bureau of Air Quality; 2600 Bull Street; Columbia, SC 29201. Comments may also be submitted 

via email to mathiamc@dhec.sc.gov. To be considered, comments must be received no later than 5:00 p.m. on 

June 25, 2012, the close of the comment period. The Department is also providing the public with the 

opportunity to request a public hearing on the proposed SIP amendment. As such, a public hearing has been 

scheduled for July 2, 2012, at 1 p.m. in the Wallace Room (3141), 2600 Bull Street, Columbia, South Carolina. 

The public is invited to attend. However, pursuant to 40 CFR 51.102 (2011), if the Department does not 

receive a request for a public hearing by the close of the comment period (June 25, 2012), the Department will 

cancel the hearing. If the Department cancels the public hearing, then the Department will notify the public at 

least one week prior to the scheduled hearing on the SIP Public Hearings webpage at: 

http://www.scdhec.gov/environment/baq/Regulation-SIPManagement/public_hearings.asp. Interested parties 

are also encouraged to contact Melinda C. Mathias at (803) 898-3269 or mathiamc@dhec.sc.gov for more 

information or to determine if the Department has cancelled the public hearing. 

Synopsis: 

The United States Environmental Protection Agency (EPA) recently informed the Department of the need to 

public notice a certification letter that the Department submitted to the EPA on October 24, 2011, to address 

the “infrastructure” SIP requirements under Clean Air Act (CAA) Sections 110(a)(1) and (2) for the 2008 

ozone National Ambient Air Quality Standards (NAAQS). The infrastructure SIP requirements provide for the 

implementation, maintenance, and enforcement of the NAAQS. On March 27, 2008, the EPA issued the revised 

NAAQS for ozone. In September 2009, the EPA announced they were reconsidering the 2008 ozone NAAQS. 

On September 2, 2011, after several postponements of the final reconsideration, the President of the United 

States released a statement asking the EPA to withdraw the reconsideration. This move prompted the EPA to 

announce on September 22, 2011, its intention to proceed with certain required actions to implement the 2008 

ozone NAAQS, to include infrastructure SIP submittals. During the Department’s October 9, 2011, quarterly call 

with EPA Region 4 staff, the Department was informed that as long as the current SIP includes all of the required 

infrastructure elements to implement, maintain, and enforce the 2008 ozone NAAQS, states could rely on 

previous ozone infrastructure submittals. This reliance meant that states need only certify the current SIP as 

adequate in addressing the 2008 ozone NAAQS, and that public notice was not required. This was affirmed by 

the EPA in the July 13, 2011, (76 FR 41111) final rule approving the December 13, 2007, submission by the 

Department demonstrating that South Carolina meets the SIP requirements of sections 110(a)(1) and (2) of the 

CAA for the 1997 ozone NAAQS. The final rule (76 FR 41111) stated that South Carolina’s “infrastructure 

submission” provided to the EPA on December 13, 2007, addressed all the required infrastructure elements for 

the 1997 ozone NAAQS. Based on this action, the Department believes our SIP is sufficient in addressing the 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix C 

Page 2
12 NOTICES 

South Carolina State Register Vol. 36, Issue 5 

May 25, 2012 

necessary requirements for implementing, maintaining, and enforcing the 2008 ozone NAAQS and certified such 

to the EPA on October 24, 2011. In this letter, the Department further applauded EPA’s efforts to “simplify” the 

requirements for these types of SIP submittals by allowing states to certify their SIP adequacy. However, the 

EPA has since verbally notified the Department of its requirement to provide the public with the ability to 

comment on this certification. As such, the Department is providing the public with opportunity to comment on 

this certification and/or request a public hearing. 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

ERRATA 

May 25, 2012 

The Department of Health and Environmental Control has conducted an audit of Regulation 61-62, Air 

Pollution Control Regulations and Standards, and is publishing these errata to correct errors in the regulations 

pertaining to 61-62.5, Standard 1 and 7.1. These corrections do not create new regulatory requirements, the 

corrections are nonsubstantive, do not change the legal meaning, and are made pursuant to regulation drafting 

guidelines to improve the overall quality of the Department’s regulations. 

R.61-62.5, Standard 1, Emissions from Fuel Burning Operations 

State Register Doc. 4130, May 27, 2012 

At R.61-62.5, Standard 1, (I)(C), add a serial comma after the word “duration” for consistency to read: 

 The opacity standards set forth above do not apply during startup or shutdown. Owners and operators shall, 

to the extent practicable, maintain and operate any source including associated air pollution control equipment 

in a manner consistent with good air pollution control practices for minimizing emissions. In addition, the 

owner or operator of fuel burning sources except natural gas fired units, shall maintain a log of the time, 

magnitude, duration, and any other pertinent information to determine periods of startup and shutdown and 

make available to the Department upon request. 

At R.61-62.5, Standard 1, (III)(A), replace the references “paragraph B” and “paragraph C of this Section” 

with “Section (III)(B)” and “Section (III)(C),” respectively, for citation consistency and clarity to read: 

 The maximum allowable discharge of sulfur dioxide (SO2) from fuel burning operations shall be in 

accordance with a system of priorities as specified hereinafter in Section (III)(B). The classifications shall be 

delineated on a county basis. The maximum allowable discharge for the various classes is specified in Section 

(III)(C). 

At R.61-62.5, Standard 1, (III)(B)(3), add codification denotations “a” through “c” for codification 

consistency and ease of use to read: 

 3. The following classifications are assigned: 

 a. Class I - Charleston County 

 b. Class II - Aiken County; Anderson County 

 c. Class III - All others 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix C 

Page 3
Appendix B 

SIP Submittal Completeness Criteria Checklist 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix B 

Page 1
Attachment B: 

SIP Submittal Completeness Criteria Checklist 

SIP Submitted by: South Carolina Date Submitted: July 13, 2012 

Subject: Confirmation of 110(a)(2)(A)-(M) Ozone Infrastructure Elements of South Carolina SIP 

Section 110(a)element Element/CAA Text Statute How Addressed in SIP§110(a)(2)(A)

Emissions limits and other

control measures

“...include enforceable emissionlimitations and other control measures,means, or techniques (includingeconomic incentives such as fees,

marketable permits, and auctions ofemissions rights), as well as schedules

and timetables for compliance as may benecessary or appropriate to meet theapplicable requirements of this Act.”

Pollution Control

Act, S.C. CodeAnn. § 48‐1‐

50(23) (et seq.)

Regulation 61‐62.5, Standard No. 2, Ambient Ai

Requirements (Initial EPA approval: 12/28/78)

Regulation 61‐62.1, Definitions and General Reqapproval: 5/31/72)

Regulation 61‐30, Environmental Protection Fee

23, 1995)

§110(a)(2)(B)

Ambient air qualitymonitoring/data system

“...provide for establishment and

operation of appropriate devices,

methods, systems, and procedures

necessary to monitor, compile, andanalyze data on ambient air quality, and

upon request, make such data available

to the Administrator”

S.C. Code Ann. §48‐1‐50(14) (et

seq.)

Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (Initial EPA approval: 2/10/82)

The South Carolina monitoring network (2012 S

Network Description and Ambient Air Network M

approved October 12, 2011. The comment per

ended July 5, 2012.

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012
Section 110(a)

element Element/CAA Text Statute How Addressed in SIP§110(a)(2)(C)

Program for enforcement and

control measures

“...include a program to provide for the

enforcement of the measures describedin subparagraph (A) and regulation of the

modification and construction of any

stationary source within the areas

covered by the plan as necessary to

assure that national ambient air quality

standards are achieved, including a

permit program as required in parts C

and D;”

S.C. Code Ann. §

48‐1‐50(10) (et

seq.)

S.C. Code Ann. §

48‐1‐50(11) (et

seq.)

Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (Initial EPA approval: 2/10/82)

Regulation 61‐62.5, Standard No. 7.1, Nonattain

Review (Initial EPA approval: 1/14/77)

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012
Section 110(a)

element Element/CAA Text Statute How Addressed in SIP§110(a)(2)(D)

Interstate transport

“contain adequate provisions—

(i) prohibiting, consistent with the

provisions of this title, any source or

other type of emissions activity withinthe state from emitting any air pollutantin amounts which will‐‐ 

(I) contribute significantly to

nonattainment in, or interfere with

maintenance by, any other state with

respect to any such national primary or

secondary ambient air quality standard,

or

(II) interfere with measures required

to be included in the applicable

implementation plan for any other Stateunder part C to prevent significantdeterioration of air quality or to protectvisibility,

(ii) insuring compliance with the

applicable requirements of sections 126

and 115 (relating to interstate and

international pollution abatement);”

S.C. Code Ann. §48‐1‐10 (et seq.)

Regulation 61‐62.96, Nitrogen Oxides (NOX) Bu

{SC CAIR RULE, Direct Final Rule effective Decem

Regulation 61‐62.5, Standard No. 7, Prevention DeteriorationRegulation 61‐62.5, Standard No. 7.1, Nonattain

ReviewThe state submitted the Regional Haze Impleme

incorporation into the SC SIP on December 17, 

EPA finalized a limited disapproval due to the re

Court of Appeals for the DC Circuit to EPA of the Rule (CAIR). On June 28, 2012, EPA finalized a li

same SC SIP amendment to meet the monitorin

strategy (LTS) requirements for reasonably attr

impairment (RAVI) and is therefore rescinding t

Regulations previously approved into the SC SIP 

November 24, 1987.

*CAIR was intended to have been replaced by t

Pollution Rule (CSAPR) and future revised rulem

revisions to the NAAQS. However, as the CSAP

and under litigation, CAIR is currently state and 

CAIR continues to address emission activities thidentified as contributing to nonattainment or i

maintenance by any other state.

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012
Section 110(a)

element Element/CAA Text Statute How Addressed in SIP§110(a)(2)(E)(i)

Adequate resources

“...provide

(i) necessary assurances that the state

(or, except where the Administrator

deems inappropriate, the general

purpose local government or

governments, or a regional agencydesignated by the state or generalpurpose local governments for suchpurpose) will have adequate personnel,funding, and authority under state (and,as appropriate, local) law to carry out

such implementation plan (and is not

prohibited by any provision of federal or

state law from carrying out suchimplementation plan or portionthereof);”

S.C. Code Ann. §48‐1‐50(12) (et

seq.)EnvironmentalProtection FundAct of 1993, S.C.

Code Ann. § 48‐1‐50 (et seq.)

AdministrativeProcedures Act,S.C. Code Ann. §1‐23‐40 (et seq.)

§110(a)(2)(E)(ii)

“(ii) requirements that the state complywith the requirements respecting state

boards under section 128, and”

S.C. Code Ann. §48‐1‐10 (et seq.)S.C. Code Ann. §

8‐13‐100(31) (et

seq.)**S.C. Code Ann. §8‐13‐730 (et

seq.)**S.C. Code Ann. §8‐13‐700(A) and(B)(1)‐(5)(etseq.)**

These elements, 110(a)(2)(E)(i‐iii), are met whe

completeness determination for each SIP submprovides for adequate personnel, funding, and 

state law to carry out their SIPs and related issu

understood and contained in all prehearing and 

packages in the historical record of the rule. SC 

local agencies that these requirements would a

Regulation 61‐30, Environmental Protection Fee

23, 1995)** June 6, 2012, EPA proposed to approve a SC was submitted April 3, 2012, as meeting the req

128 of the CAA and supports EPA’s proposed ap

110(a)(2)(E)(ii) for South Carolina’s infrastructu

1997 and 2006 PM2.5 NAAQS. Once approved 

these elements will be addressed for all NAAQS

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012
Section 110(a)

element Element/CAA Text Statute How Addressed in SIP§110(a)(2)(E)(iii)

“(iii) necessary assurances that, wherethe state has relied on a local or regional

government, agency, or instrumentalityfor the implementation of any planprovision, the state has responsibility for

ensuring adequate implementation of

such plan provision;”

S.C. Code Ann. §48‐1‐10 (et seq.)

§110(a)(2)(F)

Stationary source monitoring

system

“...require, as may be prescribed by theAdministrator—

(i) the installation, maintenance, and

replacement of equipment, and the

implementation of other necessary steps

by owners or operators of stationary

sources to monitor emissions from suchsources,

(ii) periodic reports on the nature and

amounts of emissions and emissions‐related data from such sources, and

(iii) correlation of such reports by the

state agency with any emission

limitations or standards establishedpursuant to this Act, which reports shall

be available at reasonable times for

public inspection; “

S.C. Code Ann. §48‐1‐50 (22) (etseq.)

Regulation 61‐62.1, Definitions and General Req

approval: 5/31/72)

On June 14, 2010, the Department submitted a 

amendments to R. 61‐62.1 that incorporated th

rule known as the Air Emissions Reporting Requ

FR 76540, December 17, 2008). Effective May 2

replaced the incorporation of the Consolidated 

Rule (CERR) in the State Regulation.

§110(a)(2)(G)

Emergency power

“...provide for authority comparable tothat in section 303 and adequate

contingency plans to implement such

authority;”

S.C. Code Ann. §48‐1‐290 (etseq.)AdministrativeProcedures Act,S.C. Code Ann. §1‐23‐130 (et

seq.)

Regulation 61‐62.3, Air Pollution Episodes (Initia

5/31/72)

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012
Section 110(a)

element Element/CAA Text Statute How Addressed in SIP§110(a)(2)(H)

Future SIP revisions

“...provide for revision of such plan—

(i) from time to time as may be

necessary to take account of revisions of

such national primary or secondary

ambient air quality standard or the

availability of improved or more

expeditious methods of attaining such

standard, and

(iii) except as provided in paragraph

(3)(C), whenever the Administrator finds

on the basis of information available tothe Administrator that the plan is

substantially inadequate to attain thenational ambient air quality standardwhich it implements, or to otherwisecomply with any additional requirementsestablished under this Act;”

S.C. Code Ann. §48‐1‐10 (et seq.)

This information typically comes in the cover le

submission and is verified under the completen

submittals.

§110(a)(2)(I)

Nonattainment

“...in the case of a plan or plan revisionfor an area designated as a

nonattainment area, meet the applicable

requirements of part D (relating tononattainment areas);”

S.C. Code Ann. §48‐1‐10 (et seq.)

Extant SIPs meet this requirement, through (1) 

subsequent approval of those plans redesignati

attainment, and (2) updates to maintenance plaEPA has designated all of South Carolina as unc

for the 2008 ozone standard, except for a portio

Although the monitor in York County is meeting 

included the eastern, urbanized area of York Co

Rock Hill, NC‐SC nonattainment area because oCharlotte.

§110(a)(2)(J)(§ 121consultation)

Consultation withgovernment officials

“...meet the applicable requirements of

section 121 (relating to consultation),”

S.C. Code Ann. §48‐1‐50(8) (et

seq.)

Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (Initial EPA approval: 2/10/82)

§110(a)(2)(J)(Section 127

public notification)

Public notification

“...meet the applicable requirements of

section 127 of this title,”

S.C. Code Ann. §48‐1‐60 (et seq.)

Regulation 61‐62.3, Air Pollution Episodes (Initia

5/31/72)

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012
Section 110(a)

element Element/CAA Text Statute How Addressed in SIP§110(a)(2)(J)(PSD)

PSD and visibility protection

“...meet the applicable requirements of

... part C (relating to prevention ofsignificant deterioration of air quality and

visibility protection);”

S.C. Code Ann. §48‐1‐10 (et seq.)

Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (EPA approval: 2/10/82)

The state submitted the Regional Haze Impleme

incorporation into the SC SIP on December 17, 

EPA finalized a limited disapproval due to the re

Court of Appeals for the DC Circuit to EPA of the 

Rule (CAIR). June 28, 2012, EPA finalized a limit

same SC SIP amendment to meet the monitorin

strategy (LTS) requirements for reasonably attrimpairment (RAVI) and is therefore rescinding t

Regulations previously approved into the SC SIP 

November 24, 1987.

§110(a)(2)(K)

Air quality modeling/data

“...provide for:

(i) the performance of such air quality

modeling as the Administrator mayprescribe for the purpose of predicting

the effect on ambient air quality of anyemissions of any air pollutant for which

the Administrator has established a

national ambient air quality standard,and

(ii) the submission, upon request, of

data related to such air quality modeling

to the Administrator;”

S.C. Code Ann. §48‐1‐10 (et seq.)

Regulation 61‐62.5, Standard No. 2, Ambient Ai

(Initial EPA approval: 12/28/78)Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (Initial EPA approval: 2/10/82)

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012
Section 110(a)

element Element/CAA Text Statute How Addressed in SIP§110(a)(2)(L)

Permitting fees

“...require the owner or operator of

each major stationary source to pay to

the permitting authority, as a conditionof any permit required under this Act, a

fee sufficient to cover—

(i) the reasonable costs of reviewing

and acting upon any application for sucha permit, and

(ii) if the owner or operator receives a

permit for such source, the reasonablecosts of implementing and enforcing the

terms and conditions of any such permit

(not including any court costs or other

costs associated with any enforcement

action), until such fee requirement issuperseded with respect to such sources

by the Administrator's approval of a fee

program under title V;”

S.C. Code Ann. §48‐2‐50 (et seq.)

State only Regulation 61‐30, Environmental Pro

(Promulgated June 23, 1995)

§110(a)(2)(M)

Consultation/participation by

affected local entities

“...provide for consultation and

participation by local political

subdivisions affected by the plan.”

S.C. Code Ann. §48‐1‐50(8) (et

seq.)S.C. Code Ann. §

1‐23‐40 (et seq.)

Regulation 61‐62.5, Standard No. 7, Prevention 

Deterioration (EPA approval: 2/10/82)

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012
Appendix A 

October 24, 2011, SC 2008 8-Hour Ozone 

Infrastructure Requirements 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix A 

Page 1
BOARD: BOARD: 

Allen Amsler R. Kenyon Wells 

Chairman 

L Clarence Barrs, Jr. Mark S. Lutz 

Vice Chairman Ann B. Kirol. DO 

Sreven G. Kisner 

ecrerary C. Earl Hunter, Commissioner John O. Hurro, r., MD 

Promoting and protecting the health o/the public and the mvironment 

October 24, 2011 

Gwendolyn Keyes Fleming, Esq. 

Regional Administrator 

US EPA Region 4 

Atlanta Federal Center 

61 Forsyth Street, S.W. 

Atlanta, GA 30303-8909 

Re: South Carolina Air Quality Implementation Plan, 2008 8-bour Ozone Infrastructure Requirements 

Dear Ms. Fleming: 

I am writing today to certify that the South Carolina Department of Health and Environmental Control 

(Department) has met the Clean Air Act (CAA) Sections 110(a)(1) and (2) requirements for the 2008 8-

hour ozone National Ambient Air Quality Standards (NAAQS). As such, we are formally requesting that 

the U.S. Environmental Protection Agency (EPA) acknowledge this certification as a demonstration that 

the South Carolina Air Quality Implementation Plan (SIP) is adequate in addressing the 2008 8-bour 

ozone NAAQS. 

Section 110(a) of the CAA requires that eacb state adopt and submit a SIP for the implementation, 

maintenance, and enforcement of each NAAQS promulgated by the EPA, which is commonly referred to 

as an "infrastructure" SIP. On Marcb 27, 2008, the EPA issued the revised 8-bour NAAQS for ozone. In 

September 2009, the EPA announced they were reconsidering the 2008 8-bour ozone NAAQS. Then, on 

September 2, 2011, the White House released a statement asking the EPA to withdraw the reconsideration 

which prompted EPA's announcement on September 22, 2011, stating its intention to proceed with 

certain required actions to implement the 2008 8-hour ozone NAAQS, to include infrastructure. 

On July 13, 2011, (76 FR 41111), the EPA approved South Carolina's December 13, 2007, SIP 

submission demonstrating that South Carolina meets the SIP requirements of Sections 110(a)(1) and (2) 

of the CAA for the 1997 8-hour ozone NAAQS. South Carolina certified that the South Carolina SIP 

contains provisions that ensure the 1997 8-hour ozone NAAQS is implemented, enforced, and maintained 

in South Carolina. 

Based on the EPA's July 13, 2011 , (76 FR 41111) action, the Department believes our SIP is equally 

sufficient in addressing the necessary requirements for implementing, maintaining and enforcing the 2008 

8-hour ozone NAAQS and is certifying this today. In regards to any issues or concerns surrounding any 

references to Clean Air Interstate Rule (CAIR), our state's Regulations at 61-62.96, Nitrogen Oxides 

(NOX) and Sulfur Dioxide (S02) Budget Trading Program, along with our federally approved SIP (74 FR 

53167, October 16, 2009) ensure that the state's CAIR program is being complied with and enforced. 

This SIP will be replaced by the Federal Implementation Plan (FIP) for the Cross State Air Pollution Rule 

(CSAPR) that establishes state specific emission control requirements using state budgets starting January 

1, 2012 (76 FR 48208, August 8, 2011). 

TROL 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix A 

Page 2

BOARD: BOARD: 

All n Amsler 

Chairman 

R. Kenyon Wells 

Mark . LulZ 

Vice Chairman 

L Clarence Barrs, Jr. 

Ann B. Kirol, DD 

reven G. Kisner 

ecrerary C. Earl Hunter, Commissioner John O. Huuo. r., MD 

Promoting and prot~cting th~ health of the public and th~ mvironmmt 

October 24, 2011 

Gwendolyn Keyes Fleming, Esq. 

Regional Administrator 

US EPA Region 4 

Atlanta Federal Center 

61 Forsyth Street, S.W. 

Atlanta., GA 30303-8909 

Re: South Carolina Air Quality Implementation Plan, 2008 8-hour Ozone Infrastructure Requirements 

Dear Ms. Fleming: 

I am writing today to certify that the South Carolina Department of Health and Environmental Control 

(Department) has met the Clean Air Act (CAA) Sections 110(a)(l) and (2) requirements for the 2008 8-

hour ozone National Ambient Air QuaHty Standards (NAAQS). As such, we are formally requesting that 

the U.S. Environmental Protection Agency (EPA) acknowledge thls certification as a demonstration that 

the South Carolina Air Quality Implementation Plan (SIP) is adequate in addressing the 2008 8-hour 

ozone NAAQS. 

Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, 

maintenance, and enforcement of each NAAQS promulgated by the EPA, wruch is commonly referred to 

as an "infrastructure" SIP. On March 27, 2008, the EPA issued the revised 8-hour NAAQS for ozone. In 

September 2009, the EPA announced they were reconsidering the 2008 8-hour ozone NAAQS. Then, on 

September 2, 2011 , the Whlte House released a statement asking the EPA to withdraw the reconsideration 

wruch prompted EPA's announcement on September 22, 2011, stating its intention to proceed with 

certain required actions to implement the 2008 8-hour ozone NAAQS, to include infrastructure. 

On July 13, 2011, (76 FR 41111), the EPA approved South Carolina's December 13, 2007, SIP 

submission demonstrating that South Carolina meets the SIP requirements of Sections 110(a)(l) and (2) 

of the CAA for the 1997 8-hour ozone NAAQS. South Carolina certified that the South Carolina SIP 

contains provisions that ensure the 1997 8-hour ozone NAAQS is implemented, enforced, and maintained 

in South Carolina. 

Based on the EPA's July 13, 2011, (76 FR 41111) action, the Department believes our SIP is equally 

sufficient in addressing the necessary requirements for implementing, maintaining and enforcing the 2008 

8-hour ozone NAAQS and is certifying this today. In regards to any issues or concerns surrounding any 

references to Clean Air Interstate Rule (CAIR), our state's Regulations at 61-62.96, Nitrogen Oxides 

(NOX) and Sulfur Dioxide (S02) Budget Trading Program, along with our federally approved SIP (74 FR 

53167, October 16, 2009) ensure that the state's CAIR program is being complied with and enforced. 

This SIP will be replaced by the Federal Implementation Plan (FIP) for the Cross State Air Pollution Rule 

(CSAPR) that establishes state specific emission control requirements using state budgets starting January 

1, 2012 (76 FR 48208, August 8, 2011). 

MENTAL L 
Page 2 

SC Air Quality Implementation Plan, 2008 8-hour Ozone Infrastructure Requirements 

October 24, 2011 

The only current nonattainment area in South Carolina is a portion of York County, SC that was 

designated nonattainment for the 1997 8-hour ozone NAAQS (69 FR 23951) as a part of the CharlotteGastonia-Rock Hill, NC-SC 8-hour ozone nonattainment area. It should be noted that on June 1, 2011 , 

based on clean data, the Department submitted a redesignation request (to "attainment") and maintenance 

plan for the South Carolina portion of the Charlotte-Gastonia-Rock Hill, NC-SC 8-hour ozone 

nonattainment area. 

In addition, on October 11, 2011 , the Department updated our boundary recommendation for the 20088-

hour ozone NAAQS submitted in 2009. This update requests that each entire county of the State of South 

Carolina be designated "attainment" for the 2008 8-hour ozone NAAQS, including all of York County. 

The Department appreciates this opportunity to certify that these elements are addressed in our SIP and 

applauds EPA's efforts to "simplify" the requirements for SIP submittals.

l As you know, states are 

charged with carrying out requirements of the CAA and with developing SIPs that outline how air 

pollution will be controlled to meet the NAAQS. The prescriptive requirements under the CAA have 

made the SIP process burdensome, complicated and costly. South Carolina is already under-funded for 

existing mandates ~ therefore we appreciate EPA's flexibility in allowing certifications like this as a means 

to preserve already limited state resources. If you have any questions please contact Myra Reece at (803) 

898-41 r reecemc@dhec. c.gov . 

. wRobert W. King, Jr., P.E. 

Deputy Commissioner 

Environmental Quality Control 

ec: Mr. Scott Davis, Chief, Air Planning Branch, EPA Region 4 

Ms. Lynorae Benjamin, Chief, Regulatory Development Section, EPA Region 4 

Ms. Jane Spann, Regulatory Development Section, EPA Region 4 

Ms. Myra C. Reece, Chief, Bureau of Air Quality, S.C. DHEC 

Ms. Renee Shealy, Assistant Bureau Chief, Bureau of Air Quality, S.C. DHEC 

Mr. Robert Brown, Director, Division of Air Assessment, Innovations, and Regulation, 

Bureau of Air Quality, S.C. DHEC 

Ms. Maeve Mason, Manager, Regulation and SIP Management Section, Bureau of Air Quality, 

S.C. DHEC 

Attachment - South Carolina Certification: Clean Air Act Sections 11 O(a)(l) and 110(a)(2), 8-hour 

Ozone Requirements ~ December 13, 2007 

I See April 6, 2011 , McCabe memo on SIP reform. 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix A 

Page 3

Page 2 

SC Air Quality Implementation Plan, 2008 8-hour Ozone Infrastructure Requirements 

October 24, 2011 

The only current nonattainment area in South Carolina is a portion of York County, SC that was 

designated nonattainment for the 1997 8-hour ozone NAAQS (69 FR 23951) as a part of the CharlotteGastonia-Rock Hill, NC-SC 8-hour ozone nonattainment area. It should be noted that on June 1, 2011 , 

based on clean data, the Department submitted a redesignation request (to "attainment") and maintenance 

plan for the South Carolina portion of the Charlotte-Gastonia-Rock HiU, NC-SC 8-hour ozone 

nonattainment area. 

In addition, on October 11 , 2011, the Department updated our boundary recommendation for the 20088-

hour ozone NAAQS submitted in 2009. This update requests that each entire county of the State of South 

Carolina be designated "attainment" for the 2008 8-hour ozone NAAQS, including all of York County. 

The Department appreciates this opportunity to certify that these elements are addressed in our SIP and 

applauds EPA's efforts to "simplify" the requirements for SIP submittals. 

1 As you know, states are 

charged with carrying out requirements of the CAA and with developing SIPs that outline how air 

pollution will be controlled to meet the NAAQS. The prescriptive requirements under the CAA have 

made the SIP process burdensome, complicated and costly. South Carolina is already under-funded for 

existing mandates; therefore we appreciate EPA's flexibility in allowing certifications like this as a means 

to preserve already limited state resources. If you have any questions please contact Myra Reece at (803) 

898-41 r reecemc@dhec. c.go . 

. wRobert W. King, Jr., P.E. 

Deputy Commissioner 

Environmental Quality Control 

ec: Mr. Scott Davis, Chief, Air Planning Branch, EPA Region 4 

Ms. Lynorae Benjamin, Chief, Regulatory Development Section, EPA Region 4 

Ms. Jane Spann, Regulatory Development Section, EPA Region 4 

Ms. Myra C. Reece, Chief, Bureau of Air Quality, S.C. DHEC 

Ms. Renee Shealy, Assistant Bureau Chief, Bureau of Air Quality, S.C. DHEC 

Mr. Robert Brown, Director, Division of Air Assessment, Innovations, and Regulation, 

Bureau of Air Quality, S.C. DHEC 

Ms. Maeve Mason, Manager, Regulation and SIP Management Section, Bureau of Air Quality, 

S.C. DHEC 

Attachment - South Carolina Certification: Clean Air Act Sections 11 O(aXl) and 110(a)(2), 8-hour 

Ozone Requirements; December 13, 2007 

I See April 6, 2011 , McCabe memo on SIP reform. 
BOARD: BOARD: 

Paul C. Aughtry. III 

Chairman 

Henry C. Scott 

:~win H. Coope •. III 

Vice Chairman 

M. David Mitchell. MD 

Glenn A. McCall 

'steven G, Kisner 

Secretary C. Earl Hunter. Commissioner 

Promoting and prot«ting th~ health of ~ public and th~ mvironmmt 

Dece lher n , 2007 

Kay T. Princ;e, Chief 

Air Planning Branch 

U.S. Environmental Protection Agency, Region 4 

61 For'iyth Street, SW 

Atlanta. GA 30303-8960 

Re: ~1ion 110 Requirements 

Dear 1 :>. Prince: 

Coleman F. Buckhouse. MD 

On Novem'ber 16, 2007, Ms Jane Spann with U.S. EPA Region 4, Air, Pesticides and Toxics 

Management Division contacted the South Carolina Department of Health and Environmental Control 

("'Department") via electronic mail to request additional information and clarification related to Clean Air 

Act (C AA) Section 110(a)(l) and (2) requirements for the 1997 8-hour ozone and fine particulate matter 

(PM2 ~) national ambient air quality standards (NAAQS). Specifically this request referenced several 

elements outlined in an October 2,2007, EPA memo entitled "Guidance on SIP Elements Required Under 

Sections 11 O(a)(l) and (2) for the 1997 8-hour Ozone and PM2.s NAAQS." 

On N member 20, 2007, the Department responded to this request via electronic mail stating that all of the 

aforementioned elements pertaining to the 8-hour ozone standard were addressed under the provisions of 

tile South Carolina Air Quality Implementation Plan. However, during a conference calion November 

26,2007, Region 4 staff requested that each state within the region provide a fonnalletter certifying that 

its re~pectivc State Implementation Plan (SIP) addresses all of the aforementioned required elements 

listed ill Attachment A of the October 2, 2007, guidance memo. Please note that each State regulation 

referem;ed in the attachment to this letter is currently included in (or has been submitted to EPA for 

approval as part of) South Carolina's SIP. Further, as provided for by Section 48-1-50 of the 1976 South 

Caro II na C(xie of Laws (as amended), the Department has the statutory authority to implement and amend 

its Sf]>. 

As outlined in the enclosed attachment to this letter, the Department is certifying to the EPA that the 

"infrastructure" elements pertaining to the 8-hour ozone standard [as required under Sections 110(a)(l) 

and (2) of die CAA] have been addressed. The Department appreciates the opportunity for continued 

t;:onsultation with EPA Should you require any additional information on these matters, please do not 

hesitate to I;ontact StaC(,y Gardner of my staff at (803) 898-4287 or gardnesr@dhec.sc.gov. 

Sin re~ '/ 

/: ~~!h Y~ Robert W. IGng, Jr., P.E. 

Depul) Commissioner 

Environmental Quality Control 

Attachment - South Carolina Certification: Clean Air Act Sections 110(a)(l) and (a)(2), 8-hour Ozone 

cc: Myra C. Reece, Chief, Bureau of Air Quality, SCDHEC 

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

Stl1(;ey Gardner, Manager, Regulation Development Section, SCDHEC 

SOUTH C.~I,OLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

. 2600 Bull Street 0 Columbia, SC 29201 0 Phone: (803) 898-3432 0 www.scdhec.gov 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix A 

Page 4

BOARD: BOARD: 

Paul C. Aughtry, III 

Chairman 

Henry C. Scott 

:~win H. Coope., III 

Vice Chairman 

M. David Mitchell, MD 

Glenn A. McCall 

.steven G" Kisner 

Secretary C. Earl Hunter, Commissioner 

Promoting and fWOt«ting th~ health of ~ public and th~ environment 

Dece I er l:l, 2007 

Kay T. Princ;e, Chief 

Air Planning Branch 

U.S. Environmental Protection Agency, Region 4 

61 For'iyth Street, SW 

Atlanta. GA 30303-8960 

Re: ~1ion 110 Requirements 

Dear 1 :> . Prince: 

Coleman F. Buckhouse, MD 

On Novem"ber 16, 2007, Ms Jane Spann with U.S. EPA Region 4, Air, Pesticides and Toxies 

Management Division contacted the South Carolina Department of Health and Environmental Control 

("'Department") via electronic mail to request additional information and clarification related to Clean Air 

Act (C AA) Section 110(a)(l) and (2) requirements for the 1997 8-hour ozone and fine particulate matter 

(PM2 ~) national ambient air quality standards (NAAQS). Specifically this request referenced several 

elements outlined in an October 2,2007, EPA memo entitled "Guidance on SIP Elements Required Under 

Sections 11 O(a)(l) and (2) for the 1997 8-hour Ozone and PM2.S NAAQS." 

On N member 20, 2007, the Department responded to this request via electronic mail stating that all of the 

aforementioned elements pertaining to the 8-hour ozone standard were addressed under the provisions of 

tile South Carolina Air Quality Implementation Plan. However, during a conference calIon November 

26,2007, Region 4 staff requested that each state within the region provide a fonnai letter certifying that 

its re~pectivc State Implementation Plan (SIP) addresses all of the aforementioned required elements 

listed ill Attachment A of the October 2, 2007, guidance memo. Please note that each State regulation 

referem;ed in the attachment to this letter is currently included in (or has been submitted to EPA for 

approval as part ot) South Carolina's SIP. Further, as provided for by Section 48-1-50 of the 1976 South 

Caro II na C(xie of Laws (as amended), the Department has the statutory authority to implement and amend 

its Sf]>. 

As outlined in the enclosed attachment to this letter, the Department is certifying to the EPA that the 

"infrastructure" elements pertaining to the 8-hour ozone standard [as required under Sections 110(a)(l) 

and (2) of die CAA] have been addressed. The Department appreciates the opportunity for continued 

t;:onsultation with EPA Should you require any additional information on these matters, please do not 

hesitate to I;ontact StaC(,y Gardner of my staff at (803) 898-4287 or gardnesr@dhec.sc.gov. 

Sine re~ "/ 

fi:, ~~!h-Y~ Robert W. IGng, Jr., P.E. 

Depul) Commissioner 

Environmental Quality Control 

Attachment - South Carolina Certification: Clean Air Act Sections 110(a)(l) and (a)(2), 8-hour Ozone 

cc: Myra C. Reece, Chief, Bureau of Air Quality, SCDHEC 

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

Stl1(;ey Gardner, Manager, Regulation Development Section, SCDHEC 

SOUTH C.~I"OLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL . 2600 Bull Street 0 Columbia, SC 29201 0 Phone: (803) 898-3432 0 www.scdhec.gov 
South Carolina Certification:

Clean Air Act Sections 110(a)(1) and 110(a)(2)

8-hour Ozone Requirements

December 13, 2007 

Emission limits and other control measures: Section 110(a)(2)(A) of the Clean Air Act 

(CAA) requires S tate Implementation Plans (S IPs) to include enf orceable emission limits and 

other control measures, means or techniques, schedules for compliance and other related matters. 

South Carolina Air Pollution Cont rol Regulation 61-62.5, S tandard No. 2, Ambient Air Quality 

Standards, serves to establish em ission limits for ozone, while Regulation 61-62.1, Definitions 

and General Requirements, addresses required control m easures, means, and techniques. 

Section 48-1-50(23) of the 1976 South Carolina Code of Laws, as amended (hereinafter referred 

to as S.C. Code Ann.), provides the Depart ment with the statutory authority to “ Adopt emission 

and effluent control regulations, standards and limitations that are applicable to the entire State, 

that are applicable only within specified areas or zones of the State, or that are applicable only 

when a specified class of pollutant is present.” 

Ambient air quality monitoring/data system: Section 110(a)(2)(B) of the CAA r equires SIPs 

to include provisions to provide for establishment and operation of ambient air quality monitors, 

collection and analy sis of am bient air quality data, and pr esentation of these data to th e EPA 

upon request. Regulation 61.62.5, Standard No. 7, Prevention of Significant Deterioration, along 

with the South Carolina Network Description and Ambient Air Network Monitoring Plan

(conditionally approved by EPA in Nove mber 2007), provides for an am bient air quality 

monitoring system in the State. S.C. Code Ann. § 48-1-50(14) provides the Department with the 

necessary statutory authority to “Collect and disseminate information on air or water control.” 

Program for enforcement of control measures: Section 110(a)(2)(C) of the CAA requires 

States to implement a program that provides for the enforcem ent of all SIP m easures and the 

regulation of construction of ne w or m odified stationary s ources to m eet prevention of 

significant deterioration (PSD) and nonattainm ent new source review (NSR) requirem ents. 

Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, and Regulation 61-

62.5, Standard No. 7.1, Nonattainment New Source Review, apply to the construction of any new 

major stationary source or any project at an existing major stationary source in an area 

designated as attainment or unclassifiable. On July 1, 2005, the Depart ment submitted its 

PSD/NSR SIP revision to EPA for approval. In August 2007, the EPA sent to the State a dra ft 

conditional approval letter that indicated m odifications to the State PSD and NSR rules were 

necessary. On Nove mber 20, 2007, the Depart ment sent to the EPA a written response outlini ng 

its commitment to making those modifications. Upon publica tion of EPA’s f inal notice of 

conditional approval of these State rules in the Federal Register, the De partment will thereafter 

commence with necessary changes to the regulations. S.C. Code Ann. § 48-1-50(10) provides the 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix A 

Page 5
Department with the statutory authority to “ Require to be submitted to it and consider for 

approval plans for disposal systems or sources or any parts thereof and inspect the construction 

thereof for compliance with the approved plans.” Further, S.C. Code Ann. § 48-1-50(11) 

provides the Departm ent with the statutory authority to “ Administer penalties as otherwise 

provided herein for violations of this chapter, including any order, permit, regulation or 

standards.” 

Interstate transport: Section 110 (a)(2)(D) of the CAA re quires SIPs to include provisions 

prohibiting any source or other type of emissions activity in one State from contributing 

significantly to nonattainment or from interfering with attainment of NAAQS in another State. 

States are required to subm it 110(a)(2)(D)(i) plans to demonstrate compliance w ith these 

provisions. On June 25, 2007, South Carolina s ubmitted its 110(a)(2)(D)(i) plan to EPA. I n 

this submittal, South Carolina made a demonstration that it met the required four-pronged set 

of criteria as outlined below. 

State SIPs must contain adequate provisions prohibiting any source or other type 

of emissions activity within the State from emitting any air pollutants in amounts 

that will: 

1. Contribute significantly to nonatta inment of NAAQS for areas in 

another State. (Prong 1)

South Carolina’s Clean Air Interstate Rule (CAIR) became state-effective 

on June 22, 2007. On December 10, 2007, EPA’s approval of South 

Carolina’s CAIR as a direct final rule became effective. South Carolina’s 

participation in the CAIR trading program will satisfy this criterion. 

2. Interfere with maintenance of NAAQS by any other State. (Prong 2)

Again, South Carolina’s implementation of CAIR and participation in the 

trading program will satisfy this criterion. 

3. Interfere with measures required to m eet the implementation plan for 

any other State related to Prevention of Significant Deterio ration (PSD). 

(Prong 3)

South Carolina’s participation in the CAIR trading program; 

implementation of Regulation 61-62.5, Standard No. 7, Prevention of 

Significant Deterioration, and Regulation 61-62.5, Standard No. 7.1, 

Nonattainment New Source Review (both of which provide for a 

preconstruction review and permitting program for major sources of air 

pollutants); and adoption of the requirements of the Phase II ozone 

implementation rule for the York County, South Carolina, portion of the 

Charlotte-Gastonia-Rock Hill, NC-SC 8-hour ozone nonattainment area 

(submitted to EPA for approval on June 8, 2007) collectively satisfy this 

criterion.

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix A 

Page 6
4. Interfere with measures required to m eet the implementation plan for 

any other State related to Regional Haze and Visibility. (Prong 4) 

South Carolina will satisfy this criterion through its Regional Haze 

Implementation Plan (the prehearing SIP package was submitted to EPA 

on November 9, 2007). The Regional Haze Implementation Plan was 

developed in consultation with other states, Federal Land Managers, and 

regional planning organizations; the Department is making its best effort 

to meet EPA’s December 17, 2007, submission deadline for the final 

Regional Haze Implementation Plan. 

Adequate resources: Section 110 (a)(2)(E) of the CAA requi res states to provide for adequate 

personnel, funding, and legal authority under State Law to carry out their SIPs and related issues. 

The Department is provided its legal authority to establish a SIP and implement related plans, in 

general, under S.C. Code Ann. Section 48, Title 1. Specifically, S.C. Code Ann. § 48-1-50(12 ) 

grants the Department the statutory authority to “Accept, receive and administer grants or other 

funds or gifts for the purpose of carrying out any of the purposes of this chapter; accept, receive 

and receipt for Federal money given by the Federal government under any Federal law to the 

State of South Carolina for air or water control activities, surveys or programs.” S.C. Code 

Ann. Section 48, Title 2 grants th e Department statutory authorit y to establish environm ental 

protection funds. Additi onally, Regulation 61-30, Environmental Protection Fees, provides the 

Department with the ability to a ssess fees for environmental permitting programs. The 

Department implements the SIP in accordance w ith the provisions of S.C. Code Ann. § 1-23-40 

(the Administrative Procedures Act) and S.C. Code Ann. Section 48, Title 1. 

Stationary source monitoring system: Section 110(a)(2)(F) of the CAA requires States to 

establish a system to monitor emissions from stationary sources and to submit periodic emissions 

reports. Regulation 61-62.1, Definitions and General Requirements, provides for an em ission 

inventory plan that establishes reporting requirements, while S.C. Code Ann. § 48-1-22 provides 

the Department with the statutory authority to “Require the owner or operator of any source or 

disposal system to establish and maintain such operational records; make reports; install, use, 

and maintain monitoring equipment or methods; sample and analyze emissions or discharges in 

accordance with prescribed methods, at locations, intervals, and procedures as the Department 

shall prescribe; and provide such other information as the Department reasonably may 

require.” 

Emergency power: Section 110(a)(2)(G) of the CAA requires state to provide for authority to 

address activities causing i mminent and substan tial endangerment to p ublic health, including 

contingency plans to implement the emergency episode provisions in their SIPs. Regulation 61-

62.3, Air Pollution Episodes, requires that the Departm ent provide for contingency m easures 

when air pollution episo de or exceedance that m ay lead to s substantia l threat to the health or 

persons in the State or region. S.C. Code Ann. § 48-1-290 grants the De partment the statutory 

authority as follows: “Whenever the Department finds that an emergency exists requiring 

immediate action to protect the public health or property, the Department, with concurrent 

notice to the Governor, may without notice or hearing issue an order reciting the existence of 

such an emergency and requiring that such action be taken as the Department deems necessary 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix A 

Page 7
to meet the emergency. Such order shall be effective immediately. Any person to whom such 

order is directed shall comply therewith immediately, but on application to the Department or by 

direction of the Governor shall be afforded a hearing within forty-eight hours. On the basis of 

such hearing the Department shall continue such order in effect, revoke it or modify it. 

Regardless of whether a hearing is held, the Department shall revoke all emergency orders as 

soon as conditions or operations change to the extent that an emergency no longer exists.” S.C. 

Code Ann. § 1-23-130 provides the Departm ent with the statutory authority to establish 

emergency regulations. 

Future SIP revisions: Section 110(a)(2)(H) of the CAA requi res States to have the authority to 

revise their SIPs in response to changes in the NAAQS, availa bility of improved methods for 

attaining the NAAQS, or in response to an EPA fi nding that the SIP is subs tantially inadequate. 

S.C. Code Ann. Section 48, Title 1 provides th e Department the statutory authority to revise the 

SIP to accommodate changes in the NAAQS. 

Consultation with government officials: Section 110(a)(2)(J) of the CAA requires States to 

provide a process for consultati on with local governments and Federal Land Managers (FLMs) 

carrying out NAAQS implem entation requirements pursuant to CAA Sec tion 121 relating to 

consultation. Regulation 61-62.5, Standard N o. 7, Prevention of Significant Deterioration, as 

well as provisions in separate im plementation plans (such as the five-y ear review process under 

the Regional Haze Im plementation Plan, which allows for consultation between appropriate 

state, local, and tribal air pollution control agencies as we ll as the corresponding FLMs) provide 

for continued consultation with go vernment officials. Addition ally, S.C. Code Ann. § 48-1-

50(8) provides the Departm ent with the statutory authority to “Cooperate with the governments 

of the United States or other states or State agencies or organizations, official or unofficial, in 

respect to pollution control matters or for the formulation of interstate pollution control 

compacts or agreements.” 

Public notification: Section 110(a)(2)(J) further requires States to notify the public in NAAQS 

are exceeded in an area and to enhance public awareness of m easures that can be taken to 

prevent exceedances. The Departm ent has several public notice m echanisms in place to notify 

the public of ozone and other pollutant forecast ing and has an extensive outreach program to 

educate the public and promote voluntary emission reduction measures. Regulation 61-62.3, Air 

Pollution Episodes, requires that the Department notify the public of any air pollution episode or 

exceedance. S.C. Code Ann. § 48-1-60 estab lishes that “Classification and standards of quality 

and purity of the environment [are] authorized after notice and hearing.”

PSD and visibility protection: Section 110(a)(2)(J) of the CAA also requires State to m eet 

applicable requirements of Part C related to PSD and visibility p rotection. Regulation 61.62.5, 

Standard No. 7, Prevention of Significant Deterioration, as well as the final Regional Haze SIP, 

will address visibility protection. 

Air quality modeling/data: Section 110(a)(2)(K) of the CAA re quires that SIPs provide for air 

quality modeling so that effects on air quality of em issions from any NAAQS pollutant can be 

predicted and submission of such data to EPA can be made. Regulation 61-62.5, Standard No. 2, 

Ambient Air Quality Standards, and Regulation 61-62. 5, Standard No. 7, Prevention of 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix A 

Page 8
Significant Deterioration (as adopted in the SIP), require that air modeling be conducted to 

determine permit applicability. 

Permitting fees: Section 110(a)(2)(L) of the CAA requires SIPS to inc lude a requirement that 

each major stationary s ource pay p ermitting fees to cover the cos ts of reviewing, approving, 

implementing, and enforcing a perm it. Pursua nt to S.C. Code Ann. § 48-2-50 (1993), the 

Department shall charge fees for environm ental programs it administers pursuant to federal and 

state law and regulati ons. Regulation 61-30, Environmental Protection Fees, prescribes fees 

applicable to applicants and holders of perm its, licenses, certificates, certifications, and 

registrations as well a s establishes procedures for the paym ent of fees, provides for the 

assessment of penalties for nonpayment, and establishes an appeals process for refuting fees. 

Consultation/participation by affected local entities: S ection 110(a)(2)(M) of the CAA 

requires States to provide for consultation and participation in SIP development by local political 

subdivisions affected by the SIP. Regulation 61-62.5, Standard No. 7, Prevention of Significant 

Deterioration (as adopted by the S IP), requires that the Department notify the public of the 

application, preliminary determination, degree of incremental consumption, and the opportunity 

for comment prior to making a final permitting decision. Likewise, S.C. Code Ann. § 48-1-50(8) 

allows the Department to “Cooperate with the governments of the United States or other states 

or State agencies or organizations, official or unofficial, in respect to pollution control matters 

or for the formulation of interstate pollution control compacts or agreements.” Other provisions 

regarding public hearings and the regulation de velopment process are included in S.C. Code 

Ann. Section 48, Title 1 in gene ral, and S.C. Code Ann. § 1-23-40 (the Adm inistrative 

Procedures Act). The Departm ent has worked closely with loca l political subdivisions in 

developing the Transpo rtation Conformity SIP, the Regional Haze Implem entation Plan, the 

Early Action Compacts, and the 8-hour Ozone Attainment Demonstration for the York, County, 

South Carolina, portion of the Metrolina nonattainment area. 

Other notes: In September 2007, the Departm ent submitted its 8-hour Ozone Attainm ent 

Demonstration for the York County portion of the Metrolina nonattainment area. This document 

was developed in consultation with m any interagency (both Federal and State) partners. In June 

2007, the Departm ent submitted its 110(a)(2)(D)(i) plan as final. In Octob er 2007, th e 

Department submitted a 110(a)(1) 8-hour ozone m aintenance plan for Cherokee County, South 

Carolina (which had previously been subject to a one-hour ozone maintenance plan). The 

Department is currently in the process of updating its Transportation Conformity SIP. 

Together these subm issions, along with S outh Carolina's existing Air Quality State 

Implementation Plan, address the ozone requirements of Section 110(a)(1) and (2) of the CAA. 

Final Amendment to South Carolina Air Quality Implementation Plan, Ozone Certification 

July 17, 2012

Appendix A 

Page 9
Page 2 

SC Air Quality Implementation Plan, 2008 8-hour Ozone Infrastructure Requirements 

July 17,2012 

comment period (June 25,2012). The Public Hearing which was scheduled for July 2,2012, was 

canceled pursuant to the process explained in 72 FR 38787. 

In providing this certification today, the Department would like to make the EPA aware of 

several updates to the State's Attachment B: SIP Submittal Completeness Criteria Checklist. 

These updates provide added assurance that SIP elements have been adequately met by the 

preexisting SIP. For instance, the Department has updated the appropriate description of how 

each of the corresponding statutes or regulations meets the required SIP elements and reflects the 

status of submissions and approvals. Where necessary, the Department has also added references 

to applicable State statutes to address certain CAA elements once believed to have been 

adequately addressed but which necessitated clarification, in particular the requirements at CAA 

Section 11 0(a)(2)(E)(ii).! . 

As stated in its aforementioned October 24, 2011, submittal, the Department applauds EPA's 

efforts to "simplify" the requirements for these types of SIP submirtals2 by allowing states to 

certify their SIP adequacy. However, in this instance the Department has been met with frustration 

due in part by contradicting guidance from the EPA on whether or not to require a public notice. 

While we realize and appreciate the fact that the April memo predates the advice given by the EPA 

in October 2011, we are nevertheless frustrated by the apparent inconsistency that ultimately cost 

the State valuable resources. As you know, states are charged with carrying out requirements of 

the CAA and with developing SIPs that outline how air pollution will be controlled to meet the 

NAAQS. The prescriptive requirements under the CAA have made the SIP process burdensome, 

complicated, and costly which has been compounded by inconsistent instruction from EPA 

Region 4 as to how states are to meet these requirements. South Carolina is already under-funded 

for existing mandates. Therefore, while we appreciate EPA's attempts at flexibility in allowing 

certifications like this as a means to preserve already limited state resources, it is our hope that in 

the future these attempts will provide a measure of relief. If you have any questions please 

contact Myra Reece at (803) 898-4102 or reecemc@dhec.sc.gov. 

Sincer~ ~~ -,.,.,~"V .. """--'--___ 

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

Deputy Commissioner 

Environmental Quality Control 

1 See April 3, 2012, Final Amendment: South Carolina Air Quality Implementation Plan (Certification for PM2.5 

Infrastructure and Section 128 Requirements) 

2 See April 6, 2011, McCabe memo on SIP reform. 
Page 3 

SC Air Quality Implementation Plan, 2008 8-hour Ozone Infrastructure Requirements 

July 17,2012 

ec: Mr. Scott Davis, Chief, Air Planning Branch, EPA Region 4 

Mr. Lynorae Benjamin, Chief, Regulatory Development Section, EPA Region 4 

Mr. Jane Spann, Regulatory Development Section, EPA Region 4 

Ms. Myra C. Reece, Chief, BAQ, S.C. DHEC 

Ms. Rhonda Banks-Thompson, Assistant Bureau Chief, BAQ, S.C. DHEC 

Mr. Robert Brown, Director, Division of Air Assessment, Innovations, and Regulation, 

BAQ, S.C. DHEC 

Ms. Maeve Mason, Manager, Regulation and SIP Management Section, BAQ, 

S.C. DHEC 

Attachment A-October 24, 2011, Certification of SC 2008 8-Hour Ozone Infrastructure 

Requirements 

Attachment B- SIP Submittal Completeness Criteria Checklist 

Attachment C- South Carolina State Register Notice of General Public Interest, May 25, 2012 

Attachment D- Legal Authority