September 20, 2011

Ms. Gwendolyn Keyes Fleming

Regional Administrator

United States Environmental Protection Agency, Region 4

Sam Nunn Federal Center

61 Forsyth Street, SW

Atlanta, Georgia 30303-8960

Re: South Carolina Air Quality Implementation Plan, Lead Infrastructure Certification

On October 15, 2008, the United States Environmental Protection Agency (“EPA”) issued 

revised national ambient air quality standards (“NAAQS”) for lead (73 FR 66964, November 12, 

2008). Sections 110(a)(1) and (2) of the Clean Air Act (42 U.S.C. § 7401 et seq.) (“CAA”) 

require all states to submit plans to provide for the implementation, maintenance, and 

enforcement of the NAAQS. Sections 110(a)(1) and (2) further require states to address basic 

state implementation plan (“SIP”) requirements, including but not limited to the following 

elements: emissions limits and other control measures, ambient air quality monitoring, a program 

for the enforcement of control measures, adequate resources to implement the SIP, and public 

notification and government consultation. These elements are commonly called “infrastructure” 

elements of the SIP. Section 110(a) requires states to submit SIPs within three (3) years after 

promulgation of a new or revised standard, or October 15, 2011, in this case. On December 9, 

2010, Governor Mark Sanford submitted a request to EPA Region 4 that the EPA designate the 

entire State of South Carolina as “attainment” for the 2008 lead NAAQS. 

On March 25, 2011, the Department of Health and Environmental Control (“Department”) 

published a public notice in the South Carolina State Register notifying the public of the 

proposed lead infrastructure SIP certification, and providing the public the opportunity to request 

a public hearing on the proposed lead infrastructure SIP certification (Attachment C). The 

Department did not receive comments or a request for a public hearing. Pursuant to 40 CFR 

51.102, because there was no request for a public hearing, the Department did not hold a public 

hearing on the proposed lead infrastructure SIP certification. 

As outlined in Attachment A to this letter, the Department is certifying to the EPA that the 

Department has addressed the “infrastructure” elements required by Section 110(a)(1) and (2) of 

the CAA pertaining to the attainment of the 2008 lead NAAQS in South Carolina. We are 

providing the SIP Submittal Completeness Criteria Checklist as Attachment B, and the 

September 23, 2011, South Carolina State Register Notice of Final Amendment to the Air 

Quality State Implementation Plan as Attachment D. 
Ms. Fleming

September 20, 2011

Page 2

Because the EPA has not provided final guidance on infrastructure SIP certifications for the 2008 

lead NAAQS, the Department is basing this lead infrastructure SIP certification on the most 

recent final guidance on infrastructure SIP certifications, the guidance for the 2006 PM2.5 

(particulate matter smaller than 2.5 micrograms) NAAQS.1The Department is also basing this 

lead infrastructure SIP certification on the EPA’s draft guidance for lead infrastructure SIP 

certifications.

2

The Department notes that the EPA could improve the SIP process by publishing 

final guidance at the same time that it makes designations. With the certainty of knowing the 

EPA’s evaluation criteria before rather than after submittal deadlines, states could more 

efficiently and effectively craft SIP documents. 

Though the Department followed the draft lead guidance in developing this lead infrastructure 

SIP certification, the Department notes its concern with one required element. The EPA requires 

states to certify that the state has a prevention of significant deterioration (“PSD”) permitting 

program in place “to ensure that the construction and modification of major stationary sources 

does not cause or contribute to a violation of the Pb [lead] NAAQS.”3This is reasonable. The

EPA, however, expands this requirement for the lead certification to require states to certify that 

the state’s PSD program addresses greenhouse gases (GHGs). South Carolina’s PSD program 

addresses GHG permitting, and the EPA even cites South Carolina as an example in the draft 

lead guidance: “[A] state may choose to follow the example of the letter request submitted by

South Carolina.”4The Department notes that including GHGs in lead SIPs is unnecessary and 

inconsistent. Certification of GHG authority in a lead infrastructure SIP certification does not 

affect GHG permitting, and the EPA is not requiring states to address other pollutants in the lead 

SIP, only GHGs. The Department is including the requested statements only to enable timely

EPA approval. By including statements on GHGs, we are neither agreeing with the EPA that it is 

appropriate to certify to GHG requirements in a lead infrastructure SIP certification, nor are we 

agreeing that this is a reasonable precedent for other NAAQS pollutants. 

The Department appreciates the assistance provided by you and your staff regarding the 

formulation of this plan. Should you have any questions concerning South Carolina’s lead 

infrastructure SIP certification, please contact Alan Hancock of my staff at (803) 898-4139 or 

hancocam@dhec.sc.gov.

Sincerely,

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

Deputy Commissioner

Environmental Quality Control

 

1 William Harnett, Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine 

Particle (PM2.5) National Ambient Air Quality Standards, September 25, 2009.

2

Scott Mathias, Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 2008 Lead (Pb) 

National Ambient Air Quality Standards (NAAQS), June 17, 2011.

3

Id., at 11. 

4

Id., at 12. 
Ms. Fleming

September 20, 2011

Page 3

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

Steve Scofield, Acting Chief, Regulatory Development Section, EPA Region 4 

Zuri Farngalo, Regulatory Development Section, EPA Region 4 

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

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

Robert Brown, Director, Division of Air Assessment, Innovations, and Regulation, BAQ, 

S.C. DHEC

Maeve Mason, Manager, Regulation and SIP Management Section, S.C. DHEC

Attachment A - South Carolina Certification Clean Air Act Section 110(a)(1) and (2), Lead 

Requirements

Attachment B - SIP Submittal Completeness Criteria Checklist

Attachment C – South Carolina State Register Notice of General Public Interest, March 25, 2011

Attachment D - South Carolina State Register Notice of Final Amendment to Air Quality State 

Implementation Plan, September 23, 2011