September 20 , 2011

Ms. Gwendoly

n Key es Fleming Regional Administrator United States Environmental Protection Agency , Region 4 Sam Nunn Federal Center 61 Fors yth 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 (“SI P”) 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
n otification and government consultation. These elements are commonly called “infrastructure” elements of the SI P. Section 110(a) requires states to submit SI Ps within three (3) y ears 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 Co ntrol (“Department”) published a public notice in the South Carolina State Register notifying the public of the proposed lead infrastructure SI P certification, and providing the public the opportunity to request a public hearing on the proposed lead infras tructure SI P 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 b y 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 Implement ation 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 SI P certification on the most recent final guidance on infrastruct ure SI P certifications, the guidance for the 2006 PM 2.5 (particulate matter smaller than 2.5 micrograms) NAAQS. 1 The 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 SI P 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 co uld more efficientl y and effectively craft SIP documents. Though the Department followed the draft lead guidance in developing this lead infrastructure SI P certification, the Department notes its concern with one required element. The EPA requires state s 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.” 3 This 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.” 4 The Department notes that including GHGs in lead SI Ps is unnecessary and inconsistent. Certific ation of GHG authorit y 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 SI P, only GHGs. The Department is including the requested statements only to enabl e 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 y ou and your staff regarding the formulation of this plan. Should you have any questions concerning South Carolina’s lead infrastructure SI P certification, please contact Alan Hanco ck of m y staff at (803) 898

- 4139 or hancocam@dhec.sc.gov.
Sincerel y,

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 (PM 2.5 ) National Ambient Air Quality Standards, September 25, 2009

. 2 Scott Mathias, Guidance on SIP Elements Required Under Se ction 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 Developm ent Section, EPA Region 4 Zuri Farngalo, Regulatory Development Section, EPA Region 4 My ra Reece, Chief, Bureau of Air Quality , S.C. DHEC Renee Sheal y, Assistant Bureau Chief, Bureau of Air Quality, S.C. DHEC Robert Brown, Director, Division of Air Asse ssment, 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

- SI P Submitt al 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