Attachment A:

South Carolina Certification Clean Air Act Section 110(a)(1) and (2) Lead Requirements

Each of the basic or infrastructure requirement s 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 em ission limits and other control measures, means or techniques, schedules for co mpliance 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 techni ques. Section 48-1-50(23) of the 1976 South Carolina Code of Laws, as amended, (“S.C. Code Ann.”) provides the Depa rtment of Health and Environmental Control (“Department”) with th e 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 po llutant is present.”

Ambient air quality monitoring/data system: Section 110(a)(2)(B) of the CAA requires SIPs to include provisions to provide for establishmen t and operation of ambien t air quality monitors, collecting and analyzing ambient ai r 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 incor porate the final lead monitoring rule [75 FR 81126; December 27, 2010]), and provide for an am bient air quality monitoring system in the State. S.C. Code Ann. § 48-1-50(14) provides the Department with the necessary 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 stationa ry sources to meet prevention of significant deterioration (PSD) and nonattainment new sour ce 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 construc tion 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 gr eenhouse 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 stat ements on GHGs, we are neither implying an agreement with EPA that it is appropriate to ce rtify to GHG requirements in a lead SIP, nor are we agreeing that this is a r easonable 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) effectiv e in South Carolina. Th is resolution provides

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

Attachment A Page 1 South Carolina Air Quality Implemen tation Plan, Lead Certification September 20, 2011South Carolina with the aut hority 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 Ta iloring Rule. On March 4, 2011, th e Department requested that EPA remove from consideration that portion of South Carolina’s SIP fr om 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 Depart ment 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 th ereof for compliance with the approved plans.” Further, S.C. Code Ann. § 48-1-50(11) provide s the Department with the authority to “Administer penalties as otherwis e provided herein for violations of this chapter, including any order, permit, regula tion 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 of, or interferen ce with maintenance of, the NAAQS in another state. Lead, however, unlike other crit eria pollutants such as ozone and PM 2.5 (particulate matter with an aerodynamic diameter less than 2.5 microns), does not transport lo ng distances. The EPA

noted in the final rule entitled Air Quality Designations for th e 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 Ca rolina’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 t on of lead per year, but it is not within two

miles of a border w ith a neighboring state.

Based on the EPA’s conclusion that lead does not trans port 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 part iculate matter (PM) woul d likely not travel far enough to affect Class I areas, and that the visi bility provisions of the CAA do not directly regulate lead. The EPA thus does no t expect states to address visibility in lead infrastructure

submittals.

Adequate resources: Section 110(a)(2)(E) of the CAA requi res states to provide for adequate personnel, funding and legal authority under state law to carry out 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 Implemen tation Plan, Lead Certification September 20, 2011general, 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, r eceive and administer gran ts 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 g overnment under any Federal law to the State of

South Carolina for air or water control activities, surveys or pr ograms.” 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 perm itting programs. The Department implements the SIP in accordance with the provisions on S.C. Co de Ann. § 1-23-40 and S.C. Code Ann. Section 48, Title 1.

Stationary source monitoring system: Section 110(a)(2)(F) of th e 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

, 2 provides for an emission inventory plan that establishe s reporting requirements, and S.C. Code Ann. § 48-1-22 provides the Department with the necessary authority to “Require the owne r 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; sa mples and analyze emissions or discharges in accordance with prescribed methods, at locations, intervals, and procedur es as the Department shall prescribe; and provide such other informa tion as the Department reasonably may require.”

Emergency power: Section 110(a)(2)(G) of th e CAA requires states to provide for authority to address activities causing imminent and substa ntial endangerment to public health, including contingency plans to implement the emergency ep isode 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 ma y 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 requir ing immediate action to protect the public health or pr operty, the Department, with conc urrent notice to the Governor, may without notice or hearing issue an order r eciting the existence of such an emergency and requiring that such action be taken as the Depa rtment 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 applicati on to the Department or by direction of the Governor shall be afforded a hearing within fort y-eight hours. On the basi s 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 a ll emergency orders as soon as conditions or operations change to the extent that an emer gency 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 require s 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 fi nding that the SIP is substantially inadequate.

2 On June 14, 2010, the Department submitted a SIP re vision 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 Implemen tation Plan, Lead Certification September 20, 2011S.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 EP A designates part of the state as nonattainment. S.C. Code Ann. Section 48, Title 1, provides the Department th e 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 subseque nt approval of those plans rede signating areas to attainment, and updates to maintenance plans. Further, ther e are no nonattainment areas for lead in South

Carolina.

Consultation with government officials: Section 110(a)(2)(J) of th e 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 pl ans (such as the five-year review process under the Regional Haze Implementation Plan, which al lows for consultation between appropriate state, local, and tribal air po llution control agencies as well as the corresponding FLMs) provide for continued consultation with government offi cials. Additionally, S.C. Code § 48-1-50(8) provides the Department with the necessary authority to “Coopera te 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 intersta te 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 ar ea, and to enhance public awaren ess 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 po llution episode or exceedance. S.C. Code Ann. § 48-1-60 established that “Classification an d 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 al so requires the state to meet applicable requirements of Part C related to PSD and visibi lity protection. Regulation 61.62.5, Standard No. 7, Prevention of Significant Deterioration , and the Regional Haze SIP address visibility protection. Our discussion of visibi lity under prong 4 of S ection 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 quali ty of emissions from NAAQS pollutants can be predicted and submission of su ch 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) re quire that air modeling be

3 p. 23.

Attachment A Page 4 South Carolina Air Quality Implemen tation Plan, Lead Certification September 20, 2011Attachment A Page 5 South Carolina Air Quality Implemen tation 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 A nn. § 48-2-50 (1993), the Department shall charge fees for environmental programs it administers purs uant to federal and st ate law and regulations. Regulation 61-30, Environmental Protection Fees , prescribes fees applicable to applicants and holders of permits, licenses, certif icates, certifications , and registrations, es tablishes procedures for the payment of fees, provide s for the assessment of penaltie s 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 pa rticipation in SIP develo pment 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 d ecision. Likewise, S.C. Code Ann. § 48-1-50(8) allows the Department to “Cooperate with the governments of the Un ited States or other states or State agencies or organizations, officials, or uno fficial, in respect to pollution control matters or for the formulation of interstate pollution cont rol 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).