Attachment A: 

South Carolina Certification 

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

Lead Requirements 

Each of the basic or infrastructure requirements is listed below, with the corresponding State 

statute granting the Department the authority to implement each State Implementation Plan 

(“SIP”) element. 

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

(“CAA”) requires 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, establishes 

emission limits for lead. Regulation 61-62.1, 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, (“S.C. Code Ann.”) provides the Department of Health and 

Environmental Control (“Department”) with the 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 requires SIPs 

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

collecting and analyzing ambient air quality data, and presentation of these data to the 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 (the 2012 

plan, submitted to EPA on July 18, 2011), will incorporate the final lead monitoring rule [75 FR 

81126; December 27, 2010]), and provide for an ambient air quality monitoring system in the 

State. S.C. Code Ann. § 48-1-50(14) provides the Department with the necessary authority to 

“Collect and disseminate information on air and water control.” 

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

states to include a program that provides for 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 61-

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

7.1, Nonattainment New Source Review (NSR), apply to the construction of any new major 

stationary source or any project at an existing major stationary source. The draft lead guidance 

notes that state PSD programs should address greenhouse gases (GHGs). As noted in the cover 

letter for this submission, the Department is including the requested statements below only to 

enable timely EPA approval. By including statements on GHGs, we are neither implying an 

agreement with EPA that it is appropriate to certify to GHG requirements in a lead SIP, nor are 

we agreeing that this is a reasonable precedent for other NAAQS pollutants. The South Carolina 

General Assembly passed a joint resolution, effective June 11, 2010,1

 that makes the provisions 

of the EPA’s Tailoring Rule (75 FR 31514) effective in South Carolina. This resolution provides 

 

1

 H. J. R. 4888, 118th Session (S.C. 2010) 

Attachment A Page 1 

South Carolina Air Quality Implementation Plan, Lead Certification 

September 20, 2011 
South Carolina with the authority to implement the Tailoring Rule thresholds in the 

Department’s PSD and Title V programs, and the Department is implementing its PSD and Title 

V programs as modified by the Tailoring Rule. On March 4, 2011, the Department requested that 

EPA remove from consideration that portion of South Carolina’s SIP from which EPA rescinded 

its previous approval of the PSD program relating to the Tailoring Rule greenhouse gas 

thresholds. S.C. Code Ann. § 48-1-50(10) provides the Department with the authority to 

“Require to be submitted to it and consider for approval plans for disposal system or source 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 Department with the 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 nonattainment of, or interference with maintenance of, the NAAQS in another 

state. Lead, however, unlike other criteria pollutants such as ozone and PM2.5 (particulate matter 

with an aerodynamic diameter less than 2.5 microns), does not transport long distances. The EPA 

noted in the final rule entitled Air Quality Designations for the 2008 Lead (Pb) National Ambient 

Air Quality Standard: 

EPA received comments on the proposed guidance suggesting that 

violations of the Pb NAAQS were likely to occur in close 

proximity to stationary sources of Pb. In response, EPA indicated 

that it agreed that Pb emissions do not generally transport over 

long distances (e.g., as compared to fine particulate matter).... 

(75 FR, at 71037; November 22, 2010) 

The draft lead guidance requests that states provide additional information on sources that lie 

within two miles of a state border and emit more than 0.5 tons of lead per year. There are no 

sources in South Carolina that lie within two miles of South Carolina’s borders with neighboring 

states and emit more than 0.5 tons of lead. No existing sources anywhere in South Carolina emit 

more than 0.5 tons of lead per year. One source under construction, Johnson Controls in 

Florence, has the potential to emit more than 0.5 ton of lead per year, but it is not within two 

miles of a border with a neighboring state.

Based on the EPA’s conclusion that lead does not transport long distances, the first two so-called 

“prongs” of the interstate transport element do not apply in this case. Regarding the third prong, 

relating to PSD, the Department confirms that new major sources and major modifications in 

South Carolina are subject to PSD. Regarding the fourth prong, related to visibility, the Draft 

Guidance notes that the lead constituent of particulate matter (PM) would likely not travel far 

enough to affect Class I areas, and that the visibility provisions of the CAA do not directly 

regulate lead. The EPA thus does not expect states to address visibility in lead infrastructure 

submittals. 

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

personnel, funding and legal authority under state law to carry out SIP and related issues. The 

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

Attachment A Page 2 

South Carolina Air Quality Implementation Plan, Lead Certification 

September 20, 2011 
general, under S.C. Code Ann. Section 48, Title 1. Specifically, S.C. Code Ann. § 48-1-50(12) 

grants the Department the 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 the Department 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 on S.C. Code Ann. § 1-23-40 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,

2

 provides for an emission 

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

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

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

and maintain monitoring equipment or methods; samples 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 states 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 an air pollution episode or an exceedance that may lead to substantial threat to the health or 

persons in the state or region. S.C. Code Ann. § 48-1-290 grants the Department 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 to meet the emergency. 

Such order shall be effective immediately. Any person to whom such order is directed shall 

comply therewith immediately, but an 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 Department with the 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. 

 

2

 On June 14, 2010, the Department submitted a SIP revision to EPA for amendments to R. 61-62.1 that 

incorporated the provisions of the rule known as the Air Emissions Reporting Requirements (AERR) (73 FR 76540, 

December 17, 2008). 

Attachment A Page 3 

South Carolina Air Quality Implementation Plan, Lead Certification 

September 20, 2011 
S.C. Code Ann. Section 48, Title 1, provides the Department the necessary authority to revise the 

SIP to accommodate changes in the NAAQS. 

 

Nonattainment areas: Section 110(a)(2)(I) of the CAA requires states to meet the requirements 

of Part D of the CAA if the EPA designates part of the state as nonattainment. S.C. Code Ann. 

Section 48, Title 1, provides the Department the necessary authority to revise the SIP to 

accommodate the requirements of Part D of the CAA. Extant SIPs meet this requirement, 

through SIP submittals and subsequent approval of those plans redesignating areas to attainment, 

and updates to maintenance plans. Further, there are no nonattainment areas for lead in South 

Carolina. 

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 (“FLM”) 

carrying out NAAQS implementation pursuant to Section 121 of the CAA 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 § 48-1-50(8) 

provides the Department with the necessary authority to “Cooperate with the governments of the 

United States or other states or State agencies or organizations, officials, 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) of the CAA further requires states to notify the public 

if NAAQS are exceeded in an area, and to enhance public awareness of measures that can be 

taken to prevent exceedances. The Department has an outreach program to educate the public 

and promote voluntary emission reduction measures. Further, 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 established 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 the state to meet 

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

Standard No. 7, Prevention of Significant Deterioration, and the Regional Haze SIP address 

visibility protection. Our discussion of visibility under prong 4 of Section 110(a)(2)(D) also 

applies to this section. Further, the draft lead guidance notes, “there are no new applicable 

visibility protection obligations under section 110(a)(2)(J) as a result of the 2008 Pb NAAQS.”3

 

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

performing air quality modeling so that effects on air quality of emissions from NAAQS 

pollutants can be predicted and submission of such data to EPA can be made. Regulations 61-

62.5, Standards 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 

 

3

 p. 23. 

Attachment A Page 4 

South Carolina Air Quality Implementation Plan, Lead Certification 

September 20, 2011 
Attachment A Page 5 

South Carolina Air Quality Implementation Plan, Lead Certification 

September 20, 2011 

conducted to determine permit applicability. This data is submitted to the EPA during the PSD 

application and review process. 

Permitting fees: Section 110(a)(2)(L) of the CAA requires SIPs to require 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. § 48-2-50 (1993), the Department shall charge 

fees for environmental programs it administers pursuant to federal and state law and regulations. 

Regulation 61-30, Environmental Protection Fees, prescribes fees applicable to applicants and 

holders of permits, licenses, certificates, certifications, and registrations, 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 Significant 

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, officials, 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. § 1-23-40 (the Administrative 

Procedures Act).