F,QARD: 

Paul C. Aughtry 111 

Chairman 

Edwin H. Cooprr, 111 

Vice Chairman 

Steven C. Kisner PROMOI'E PROTECT PROSPER 

Secretary C. Earl Hunter, Commissioner 

P~ornoting and p~otectirg the henltil q f the public ntzd tile mz~i~onment 

December 1 3.2007 

Kay T. Prince, Chief 

Air Planning Branch 

U.S. Environmental Protection Agency, Region 4 

6 1 Forsyth Street, S W 

Atlanta, GA 30303-8960 

Re: Section 110 Requirements 

BOAIU): 

Henry C. Scott 

M. David Mitchell, MD 

Glenn A. McCall 

Coleman F. Buckhouse, MD 

A!EMWA, GA. 

Dear Ms. Prince: 

On November 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 (CAA) Section 1 lO(aX1) and (2) requirements for the 1997 &hour ozone and fine particulate matter 

(PMp) 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 1 lO(aX1) and (2) for the 1997 &hour Ozone and PM2.5NAAQS." 

On November 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 

the South Carolina Air Quality Implementation Plan. However, during a conference call on November 

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

its respective State Implementation Plan (SJP) addresses all of the aforementioned required elements 

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

referenced 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 

Carolina Code of Laws (as amended), the Department has the statutory authority to implement and amend 

its SIP. 

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

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

and (2) of the CAAf have been addtessed. The Department appreciates the opportunity for continued 

consultation with EPA. Should you require any additional information on these matters, please do not 

hesitate to contact Stacey Gardner of my staff at (803) 898-4287 or ggrd.fiesg&~hec.sc.gov. 

~bbert W. King, Jr., P.E. 

Deputy Commissioner 

Environmental Quality Control 

Attachment - South Carolina Certification: Clean Air Act Sections 1 10(a)(l) and (aX2), &hour Ozone 

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

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

Stacey Gardner, Manager, Regulation Development Section, SCDHEC 

SOUTH CAROLINA DEPARTMENT OF EIEALTW AND ENV[RONMENTAt, CONTKOI, 

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

Clean Air Act Sections llO(a)(l) and 11O(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 State Implementation Plans (SIPs) to include enforceable emission limits and 

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

South Carolina Air Pollution Control Regulation 61-62.5, Standard No. 2, Ambient Air Quality 

Standards, serves to establish emission limits for ozone, while Regulation 6 1-62.1, Definitions 

and General Requirements, addresses required control measures, 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 Department 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 specijied class ofpollutant is present." 

Ambient air quality monitoringldata system: Section 110(a)(2)(B) of the CAA requires SIPs 

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

collection and analysis of ambient air quality data, and presentation of these data to the EPA 

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

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

(conditionally approved by EPA in November 2007), provides for an ambient air quality 

monitoring system in the State. S.C. Code Ann. 9 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 enforcement of all SIP measures and the 

regulation of construction of new or modified stationary sources to meet prevention of 

significant deterioration (PSD) and nonattainment new source review (NSR) requirements. 

Regulation 6 1-62.5, Standard No. 7, Prevention of SigniJicant Deterioration, and Regulation 6 1 - 

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 Department submitted its 

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

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

necessary. On November 20, 2007, the Department sent to the EPA a written response outlining 

its commitment to making those modifications. Upon publication of EPA's final notice of 

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

commence with necessary changes to the regulations. S.C. Code Ann. 5 48-1-50(10) provides the 

ATTACHMENT - Page 1 
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. 3 48-1-50(11) 

provides the Department 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 requires SIPS to include provisions 

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

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

States are required to submit 1 lO(a)(2)(D)(i) plans to demonstrate compliance with these 

provisions. On June 25, 2007, South Carolina submitted its 1 lO(a)(2)(D)(i) plan to EPA. Ln 

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 @om emitting any air pollutants in amounts 

that will: 

1. Contribute significantly to nonattainment 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 tradingprogram will satisfi 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 satisfi this criterion. 

3. Interfere with measures required to meet the implementation plan for 

any other State related to Prevention of Significant Deterioration (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 satisfi this 

criterion. 

ATTACHMENT - Page 2 
4. Interfere with measures required to meet the implementation plan for 

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

South Carolina will satisfi 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 1 lO(a)(2)(E) of the CAA requires 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. 5 48-1-50(12) 

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

funds or gijh 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 the Department statutory authority to establish environmental 

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

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

Department implements the SIP in accordance with the provisions of S.C. Code Ann. 5 1-23-40 

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

Stationary source monitoring system: Section 11 0(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 6 1-62.1, Definitions and General Requirements, provides for an emission 

inventory plan that establishes reporting requirements, while S.C. Code Ann. 5 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 imminent and substantial endangerment to public health, including 

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

62.3, Air Pollution Episodes, requires that the Department provide for contingency measures 

when air pollution episode or exceedance that may lead to s substantial threat to the health or 

persons in the State or region. S.C. Code Ann. 5 48-1-290 grants the Department 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 

ATTACHMENT - Page 3 
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 modzfi 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 Department with the statutory authority to establish 

emergency regulations. 

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

revise their SIPS in response to changes in the NAAQS, availability of improved methods for 

attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 

S.C. Code Ann. Section 48, Title 1 provides the 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 consultation with local governments and Federal Land Managers (FLMs) 

carrying out NAAQS implementation requirements pursuant to CAA Section 121 relating to 

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

well as provisions in separate implementation plans (such as the five-year review process under 

the Regional Haze Implementation Plan, which allows for consultation between appropriate 

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

for continued consultation with government officials. Additionally, S.C. Code Ann. 5 48-1- 

50(8) provides the Department with the statutory authority to "Cooperate with the governments 

of the United States or other states or State agencies or organizations, oficial or unoficial, in 

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

compacts or agreements. " 

Public notification: Section 11 0(a)(2)(J) further requires States to notify the public in NAAQS 

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

prevent exceedances. The Department has several public notice mechanisms in place to notify 

the public of ozone and other pollutant forecasting 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. 5 48- 1-60 establishes that "Classifzcation and standards of quality 

andpurity 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 meet 

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

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

will address visibility protection. 

Air quality modelingldata: Section 110(a)(2)(K) of the CAA requires that SIPS provide for air 

quality modeling so that effects on air quality of emissions 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 

ATTACHMENT - Page 4 
SignzJicant 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 include a requirement that 

each major stationary source pay permitting fees to cover the costs of reviewing, approving, 

implementing, and enforcing a permit. Pursuant to S.C. Code Ann. 5 48-2-50 (1993), the 

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

state law and regulations. Regulation 6 1-30, Environmental Protection Fees, prescribes fees 

applicable to applicants and holders of pennits, licenses, certificates, certifications, and 

registrations as well as establishes procedures for the payment of fees, provides for the 

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

Consultation/participation by affected local entities: Section 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 SignlJicant 

Deterioration (as adopted by the SIP), 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 development process are included in S.C. Code 

Ann. Section 48, Title 1 in general, and S.C. Code Ann. 9 1-23-40 (the Administrative 

Procedures Act). The Department has worked closely with local political subdivisions in 

developing the Transportation Conformity SIP, the Regional Haze Implementation Plan, the 

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

South Carolina, portion of the Metrolina nonattainrnent area. 

Other notes: In September 2007, the Department submitted its 8-hour Ozone Attainment 

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

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

2007, the Department submitted its I lO(a)(2)(D)(i) plan as final. In October 2007, the 

Department submitted a 110(a)(l) 8-hour ozone maintenance 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 submissions, along with South Carolina's existing Air Quality State 

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

ATTACHMENT - Page 5