### 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

## LEGAL AUTHORITY 1



## No plan for attaining a goal, the attainment of wh ich is dependent upon regulato ry action, can be used

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

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

necessary statutory powers which must be immediately av ailable 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, re gulations, 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 st andards or limitations.” Adequate S. C. Code S ecs. 48-1-50(22), 48-1-270.

1 

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

statutory powers as required in 40 CFR 51.230.

## 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 concerni ng adoption of regulations and standards, adoption

or modification of final compliance date s, 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 acti on or a description of the subjects and issues involved

be made known. While this act escapes the actual re quirement 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.

# Appendix C

South Carolina State Register

Notice of General Public Interest, May 25, 2012

## 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 ENCO MPASSED 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 Envi ronmental Control (Department) propos es 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 co mment 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 heari ng on the SIP Public Hearings webpage at:

http://www.scdhec.gov/environment/baq/Regulation-SIPMan agement/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 Depa rtment has cancelled the public hearing.

Synopsis:

The United States Environmental Protection Agency (EPA) recently informed the Depa rtment 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. Duri ng 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 implem ent, maintain, and enforce the 2008 oz one 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 Ca rolina’s “infrastructure

submission” provided to the EPA on December 13, 2007, addr essed all the required infr astructure elements for

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

## 12 NOTICES

South Carolina State Register Vol. 36, Issue 5

May 25, 2012 

## necessary requirements for implementin g, maintaining, and enforcing the 2008 ozone NAAQS and certified such

to the EPA on October 24, 2011. In this letter, the Department fu rther applauded EPA’s effo rts to “simplify” the

requirements for these types of SIP su bmittals by allowing states to cer tify 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 Contro l 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 a nd 7.1. These corrections do not creat e new regulatory requirements, the

corrections are nonsubstantive, do not change the legal me aning, 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 du ring 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 natu ral 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 (SO 2 

## ) 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 maximu m 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

# Appendix B

SIP Submittal Completeness Criteria ChecklistAttachment B:SIP Submittal Completeness Criteria ChecklistSIP Submitted by: South CarolinaDate Submitted: July 13, 2012Subject: Confirmation of 110(a)(2)(A)-(M) Ozone Infrastructure Elements of South Carolina SIPSection110(a)elementElement/CAATextStatuteHowAddressedinSIP§110(a)(2)(A)Emissionslimitsandothercontrolmeasures“...includeenforceableemissionlimitationsandothercontrolmeasures,means,ortechniques(includingeconomicincentivessuchasfees,marketablepermits,andauctionsofemissionsrights),aswellasschedulesandtimetablesforcomplianceasmaybenecessaryorappropriatetomeettheapplicablerequirementsofthisAct.”PollutionControlAct,S.C.CodeAnn.§48‐1‐50(23)(etseq.)Regulation61‐62.5,StandardNo.2,AmbientAirQualityandGeneralRequirements(InitialEPAapproval:12/28/78)Regulation61‐62.1,DefinitionsandGeneralRequirements(InitialEPAapproval:5/31/72)Regulation61‐30,EnvironmentalProtectionFees(PromulgatedJune23,1995)§110(a)(2)(B)Ambientairqualitymonitoring/datasystem“...provideforestablishmentandoperationofappropriatedevices,methods,systems,andproceduresnecessarytomonitor,compile,andanalyzedataonambientairquality,anduponrequest,makesuchdataavailabletotheAdministrator”S.C.CodeAnn.§48‐1‐50(14)(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(InitialEPAapproval:2/10/82)TheSouthCarolinamonitoringnetwork(2012SouthCarolinaNetworkDescriptionandAmbientAirNetworkMonitoringPlanwasapprovedOctober12,2011.Thecommentperiodforthe2013planendedJuly5,2012.Section110(a)elementElement/CAATextStatuteHowAddressedinSIP§110(a)(2)(C)Programforenforcementandcontrolmeasures“...includeaprogramtoprovidefortheenforcementofthemeasuresdescribedinsubparagraph(A)andregulationofthemodificationandconstructionofanystationarysourcewithintheareascoveredbytheplanasnecessarytoassurethatnationalambientairqualitystandardsareachieved,includingapermitprogramasrequiredinpartsCandD;”S.C.CodeAnn.§48‐1‐50(10)(etseq.)S.C.CodeAnn.§48‐1‐50(11)(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(InitialEPAapproval:2/10/82)Regulation61‐62.5,StandardNo.7.1,NonattainmentNewSourceReview(InitialEPAapproval:1/14/77)Section110(a)elementElement/CAATextStatuteHowAddressedinSIP§110(a)(2)(D)Interstatetransport“containadequateprovisions—(i)prohibiting,consistentwiththeprovisionsofthistitle,anysourceorothertypeofemissionsactivitywithinthestatefromemittinganyairpollutantinamountswhichwill‐‐(I)contributesignificantlytononattainmentin,orinterferewithmaintenanceby,anyotherstatewithrespecttoanysuchnationalprimaryorsecondaryambientairqualitystandard,or(II)interferewithmeasuresrequiredtobeincludedintheapplicableimplementationplanforanyotherStateunderpartCtopreventsignificantdeteriorationofairqualityortoprotectvisibility,(ii)insuringcompliancewiththeapplicablerequirementsofsections126and115(relatingtointerstateandinternationalpollutionabatement);”S.C.CodeAnn.§48‐1‐10(etseq.)Regulation61‐62.96,NitrogenOxides(NOX)BudgetTradingProgram{SCCAIRRULE,DirectFinalRuleeffectiveDecember22,2007*}Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeteriorationRegulation61‐62.5,StandardNo.7.1,NonattainmentNewSourceReviewThestatesubmittedtheRegionalHazeImplementationPlanforincorporationintotheSCSIPonDecember17,2007.June7,2012,EPAfinalizedalimiteddisapprovalduetotheremandbytheU.S.CourtofAppealsfortheDCCircuittoEPAoftheCleanAirInterstateRule(CAIR).OnJune28,2012,EPAfinalizedalimitedapprovalofthesameSCSIPamendmenttomeetthemonitoringandlong‐termstrategy(LTS)requirementsforreasonablyattributablevisibilityimpairment(RAVI)andisthereforerescindingtheFederalRegulationspreviouslyapprovedintotheSCSIPonJuly12,1985,andNovember24,1987.*CAIRwasintendedtohavebeenreplacedbytheCrossStateAirPollutionRule(CSAPR)andfuturerevisedrulemakingstoaddressrevisionstotheNAAQS.However,astheCSAPRiscurrentlystayedandunderlitigation,CAIRiscurrentlystateandfederallyeffective.CAIRcontinuestoaddressemissionactivitiesthathavebeenidentifiedascontributingtononattainmentorinterferingwithmaintenancebyanyotherstate.Section110(a)elementElement/CAATextStatuteHowAddressedinSIP§110(a)(2)(E)(i)Adequateresources“...provide(i)necessaryassurancesthatthestate(or,exceptwheretheAdministratordeemsinappropriate,thegeneralpurposelocalgovernmentorgovernments,oraregionalagencydesignatedbythestateorgeneralpurposelocalgovernmentsforsuchpurpose)willhaveadequatepersonnel,funding,andauthorityunderstate(and,asappropriate,local)lawtocarryoutsuchimplementationplan(andisnotprohibitedbyanyprovisionoffederalorstatelawfromcarryingoutsuchimplementationplanorportionthereof);”S.C.CodeAnn.§48‐1‐50(12)(etseq.)EnvironmentalProtectionFundActof1993,S.C.CodeAnn.§48‐1‐50(etseq.)AdministrativeProceduresAct,S.C.CodeAnn.§1‐23‐40(etseq.)§110(a)(2)(E)(ii)“(ii)requirementsthatthestatecomplywiththerequirementsrespectingstateboardsundersection128,and”S.C.CodeAnn.§48‐1‐10(etseq.)S.C.CodeAnn.§8‐13‐100(31)(etseq.)**S.C.CodeAnn.§8‐13‐730(etseq.)**S.C.CodeAnn.§8‐13‐700(A)and(B)(1)‐(5)(etseq.)**Theseelements,110(a)(2)(E)(i‐iii),aremetwhenEPAdoesacompletenessdeterminationforeachSIPsubmittal.Eachsubmittalprovidesforadequatepersonnel,funding,andlegalauthorityunderstatelawtocarryouttheirSIPsandrelatedissues.ThisinformationisunderstoodandcontainedinallprehearingandfinalSIPsubmittalpackagesinthehistoricalrecordoftherule.SCdoesnothaveanylocalagenciesthattheserequirementswouldaffect.Regulation61‐30,EnvironmentalProtectionFees(PromulgatedJune23,1995)**June6,2012,EPAproposedtoapproveaSCSIPamendmentwhichwassubmittedApril3,2012,asmeetingtherequirementsofsection128oftheCAAandsupportsEPA’sproposedapprovalofthesection110(a)(2)(E)(ii)forSouthCarolina’sinfrastructuresubmissionsforthe1997and2006PM2.5NAAQS.OnceapprovedasfinalintheSIP,theseelementswillbeaddressedforallNAAQS.Section110(a)elementElement/CAATextStatuteHowAddressedinSIP§110(a)(2)(E)(iii)“(iii)necessaryassurancesthat,wherethestatehasreliedonalocalorregionalgovernment,agency,orinstrumentalityfortheimplementationofanyplanprovision,thestatehasresponsibilityforensuringadequateimplementationofsuchplanprovision;”S.C.CodeAnn.§48‐1‐10(etseq.)§110(a)(2)(F)Stationarysourcemonitoringsystem“...require,asmaybeprescribedbytheAdministrator—(i)theinstallation,maintenance,andreplacementofequipment,andtheimplementationofothernecessarystepsbyownersoroperatorsofstationarysourcestomonitoremissionsfromsuchsources,(ii)periodicreportsonthenatureandamountsofemissionsandemissions‐relateddatafromsuchsources,and(iii)correlationofsuchreportsbythestateagencywithanyemissionlimitationsorstandardsestablishedpursuanttothisAct,whichreportsshallbeavailableatreasonabletimesforpublicinspection;“S.C.CodeAnn.§48‐1‐50(22)(etseq.)Regulation61‐62.1,DefinitionsandGeneralRequirements(InitialEPAapproval:5/31/72)OnJune14,2010,theDepartmentsubmittedaSIPrevisiontoEPAforamendmentstoR.61‐62.1thatincorporatedtheprovisionsoftheruleknownastheAirEmissionsReportingRequirements(AERR)(73FR76540,December17,2008).EffectiveMay21,2010,AERRreplacedtheincorporationoftheConsolidatedEmissionsReportingRule(CERR)intheStateRegulation.§110(a)(2)(G)Emergencypower“...provideforauthoritycomparabletothatinsection303andadequatecontingencyplanstoimplementsuchauthority;”S.C.CodeAnn.§48‐1‐290(etseq.)AdministrativeProceduresAct,S.C.CodeAnn.§1‐23‐130(etseq.)Regulation61‐62.3,AirPollutionEpisodes(InitialEPAapproval:5/31/72)Section110(a)elementElement/CAATextStatuteHowAddressedinSIP§110(a)(2)(H)FutureSIPrevisions“...provideforrevisionofsuchplan—(i)fromtimetotimeasmaybenecessarytotakeaccountofrevisionsofsuchnationalprimaryorsecondaryambientairqualitystandardortheavailabilityofimprovedormoreexpeditiousmethodsofattainingsuchstandard,and(iii)exceptasprovidedinparagraph(3)(C),whenevertheAdministratorfindsonthebasisofinformationavailabletotheAdministratorthattheplanissubstantiallyinadequatetoattainthenationalambientairqualitystandardwhichitimplements,ortootherwisecomplywithanyadditionalrequirementsestablishedunderthisAct;”S.C.CodeAnn.§48‐1‐10(etseq.)ThisinformationtypicallycomesinthecoverletterisofeachSIPsubmissionandisverifiedunderthecompletenesscriteriaforSIPsubmittals.§110(a)(2)(I)Nonattainment“...inthecaseofaplanorplanrevisionforanareadesignatedasanonattainmentarea,meettheapplicablerequirementsofpartD(relatingtononattainmentareas);”S.C.CodeAnn.§48‐1‐10(etseq.)ExtantSIPsmeetthisrequirement,through(1)theSIPsubmittalsandsubsequentapprovalofthoseplansredesignatingareastoattainment,and(2)updatestomaintenanceplans.EPAhasdesignatedallofSouthCarolinaasunclassifiable/attainmentforthe2008ozonestandard,exceptforaportionofYorkCounty.AlthoughthemonitorinYorkCountyismeetingthisstandard,EPAincludedtheeastern,urbanizedareaofYorkCountyintheCharlotte‐RockHill,NC‐SCnonattainmentareabecauseofitsproximitytoCharlotte.§110(a)(2)(J)(§121consultation)Consultationwithgovernmentofficials“...meettheapplicablerequirementsofsection121(relatingtoconsultation),”S.C.CodeAnn.§48‐1‐50(8)(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(InitialEPAapproval:2/10/82)§110(a)(2)(J)(Section127publicnotification)Publicnotification“...meettheapplicablerequirementsofsection127ofthistitle,”S.C.CodeAnn.§48‐1‐60(etseq.)Regulation61‐62.3,AirPollutionEpisodes(InitialEPAapproval:5/31/72)Section110(a)elementElement/CAATextStatuteHowAddressedinSIP§110(a)(2)(J)(PSD)PSDandvisibilityprotection“...meettheapplicablerequirementsof...partC(relatingtopreventionofsignificantdeteriorationofairqualityandvisibilityprotection);”S.C.CodeAnn.§48‐1‐10(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(EPAapproval:2/10/82)ThestatesubmittedtheRegionalHazeImplementationPlanforincorporationintotheSCSIPonDecember17,2007.June7,2012,EPAfinalizedalimiteddisapprovalduetotheremandbytheU.S.CourtofAppealsfortheDCCircuittoEPAoftheCleanAirInterstateRule(CAIR).June28,2012,EPAfinalizedalimitedapprovalofthesameSCSIPamendmenttomeetthemonitoringandlong‐termstrategy(LTS)requirementsforreasonablyattributablevisibilityimpairment(RAVI)andisthereforerescindingtheFederalRegulationspreviouslyapprovedintotheSCSIPonJuly12,1985,andNovember24,1987.§110(a)(2)(K)Airqualitymodeling/data“...providefor:(i)theperformanceofsuchairqualitymodelingastheAdministratormayprescribeforthepurposeofpredictingtheeffectonambientairqualityofanyemissionsofanyairpollutantforwhichtheAdministratorhasestablishedanationalambientairqualitystandard,and(ii)thesubmission,uponrequest,ofdatarelatedtosuchairqualitymodelingtotheAdministrator;”S.C.CodeAnn.§48‐1‐10(etseq.)Regulation61‐62.5,StandardNo.2,AmbientAirQualityStandards(InitialEPAapproval:12/28/78)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(InitialEPAapproval:2/10/82)Section110(a)elementElement/CAATextStatuteHowAddressedinSIP§110(a)(2)(L)Permittingfees“...requiretheowneroroperatorofeachmajorstationarysourcetopaytothepermittingauthority,asaconditionofanypermitrequiredunderthisAct,afeesufficienttocover—(i)thereasonablecostsofreviewingandactinguponanyapplicationforsuchapermit,and(ii)iftheowneroroperatorreceivesapermitforsuchsource,thereasonablecostsofimplementingandenforcingthetermsandconditionsofanysuchpermit(notincludinganycourtcostsorothercostsassociatedwithanyenforcementaction),untilsuchfeerequirementissupersededwithrespecttosuchsourcesbytheAdministrator'sapprovalofafeeprogramundertitleV;”S.C.CodeAnn.§48‐2‐50(etseq.)StateonlyRegulation61‐30,EnvironmentalProtectionFees(PromulgatedJune23,1995)§110(a)(2)(M)Consultation/participationbyaffectedlocalentities“...provideforconsultationandparticipationbylocalpoliticalsubdivisionsaffectedbytheplan.”S.C.CodeAnn.§48‐1‐50(8)(etseq.)S.C.CodeAnn.§1‐23‐40(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(EPAapproval:2/10/82)

# Appendix A

October 24, 2011, SC 2008 8-Hour Ozone

Infrastructure RequirementsBOARD: 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. Ear l 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 BOARD: BOARD:

All n Amsler

Chairman R. Kenyon Wells

Mark

. LulZ

Vice Chairman L Clarence Barrs

, Jr.

Ann B. Kirol

, DD

reven G. Kisner

e crerary 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

U S E PA 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. F leming:

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 equall y

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)

.



## M ENTAL L

### Page 2



### SC 

### A ir 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

char g ed 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

e xi sting**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

E nvironmental 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 , 2 011

, McCabe memo on SIP reform. Page 2



### SC 

### A ir Quality Implementation Plan

, 2008 8-hour Ozone Infrastructure Requirements

October 2 4

, 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

e x isting 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 contac t Myra Reece at (803 )

898-41 r reecemc@dhec. c.go

.



# .wRobert W. King

, Jr

., P. E

. Deputy Commissioner

E nvironmental 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 , 2 011

, 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 lh e r 

# 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

(PM 2**~)** 

### 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 PM 2

. 

## 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 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 

### e r 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

(PM 2**~)** 

### 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 PM 2

. 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.

Sin e

# 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 complia nce 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 lim its for ozone, while Regulation 61-62.1, Definitions

and General Requirements, addresses required control m eas ures, 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 limita tions that are applicable to the entire State,

that are applicable only within sp ecified areas or zones of the St ate, 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 bien t 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 A nn. § 48-1-50(14) provides the Department with the

necessary statutory authority to “ Collect and disseminate informa tion 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 a pproval. In August 2007, the EPA sent to the State a dra ft

conditional approval letter that indicated m odifi cations 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 regulati ons. S.C. Code Ann. § 48-1-50(10) provides the

## 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 chapte r, 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 w ith 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 u bmitted its 110(a)(2)(D)(i) plan to EPA. I n

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

of criteria as outlined below.

State SIPs must contain ade quate provisions pr ohibiting any source or other type

of emissions activity within the State fr om 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 Ru le (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.

## 4. Interfere with measures required to m eet the implementatio n 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 othe r states, Federal Land Managers, and

regional planning organizations; the Depar tment 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 authorit y under State Law to carry out th eir 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 th e 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 Fe deral government under any Federal law to the

State of South Carolina for air or water control activit ies, 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 sta tionary 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 oper ator 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 location s, intervals, and procedures as the Department

shall prescribe; and provide such other in formation as the Depar tment 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 ep isode provisions in their SIPs. Regulation 61-

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

when air pollution episo de or exceedance that m ay l ead 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, th e Department, with concurrent

notice to the Governor, may withou t notice or hearing issue an or der reciting the existence of

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

## to meet the emergency. Such or der shall be effecti ve immediately. Any person to whom such

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

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

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

Regardless of whether a hearing is held, the Department sha ll 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 Depa rtment 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 requirement s 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 pl ans (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 of ficials. Addition ally, S.C. Code Ann. § 48-1-

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

of the United States or other stat es or State agencies or organizatio ns, official or unofficial, in

respect to pollution control matters or for th e formulation of inte rstate pollution control

compacts or agreements.”

Public notification: Section 110(a)(2)(J) furt her 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 seve ral public notice m echanis ms 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 emi ssion reduction measures. Regulation 61-62.3, Air

Pollution Episodes, requires that the Department notify th e 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] au thorized 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 visibili ty protection.

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

quality modeling so that effect s 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

## 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 enta l 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 procedur es for the paym ent of fees, provides for the

assessment of penalties for nonpayment, and establ ishes 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 notif y the public of the

application, preliminary determ ination, degree of incremental c onsumption, and the opportunity

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

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

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

or for the formulation of interstate pollu tion 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 polit ical subdivisions in

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

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

South Carolina, portion of the Metrolina nonattainment area.

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

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

was developed in consultation with m any interagenc y (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 oz one requirements of S ection 110(a)(1) and (2) of the CAA.

### 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 submirtals 2 

## 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 PM 2 .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