Attachment 5 

Legal Authority

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Legal Authority - Page 1
This Page Intentionally Left Blank

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Legal Authority - Page 2
LEGAL AUTHORITY1

No plan for attaining a goal, the attainment of which is dependent upon regulatory action, can be 

used with any degree of effectiveness unless the legal framework is strong. Consequently, the 

Requirements for Preparation, Adoption, and Submittal of Implementation Plans, 40 CFR 51, as 

amended, define the necessary statutory powers which must be immediately available to states to 

carry out the responsibility to the Clean Air Act. 

40 CFR 51.230 sets forth six specific requirements for State authority. The South Carolina 

Pollution Control Act, Act 1157 of 1970, as amended, S. C. Code Sections 48-1-10 thru - 350 

(1976), provides the State’s authority to respond to these requirements. The Attorney General of 

the State of South Carolina has given an opinion as to the adequacy of South Carolina laws, as 

follows: 

Legal Authority Required 

40 CFR 51 

Adequacy of 

S. C. Law S. C. Statutes Involved 

(a) “Adopt emission standards and limitations and 

any other measures necessary for attainment and 

maintenance of national standards.” 

Adequate S. C. Code Secs. 48-1-20, 48-1-50(23) 

(b) “Enforce applicable laws, regulations, & 

standards, and seek injunctive relief.” Adequate 

S. C. Code Sec. 48-1-50(1), (3), (4), (5), 

(11); Secs. 48-1-120, 48-1-130, 

48-1-210, 48-1-320, 48-1-330. 

(c) “Abate pollutant emissions on an emergency 

basis to prevent substantial endangerment to the 

health of persons, i.e., authority comparable to 

that available to the Administrator under section 

305 of the Act.” 

Adequate S. C. Code Sec. 48-1-290. 

(d) “Prevent construction, modification, or 

operation of a facility, building, structure, or 

installation, or combination thereof, which 

directly or indirectly results or may result in 

emissions of any air pollutant at any location 

which will prevent the attainment or maintenance 

of a national standard.” 

Adequate S. C. Code Sec. 48-1-50(5), (10); Secs. 

48-1-100, 48-1-110. 

(e) “Obtain Information necessary to determine 

whether air pollution sources are in compliance 

with applicable laws, regulations, and standards, 

Including authority to require recordkeeping and 

to make inspections and conduct tests of air 

pollution sources.” 

Adequate S. C. Code Sec. 48-1-50(10), (20), (22), 

(24). 

(f) “Require owners or operators of stationary 

sources to install, maintain, and use emission 

monitoring devices and to make periodic reports 

to the State on the nature and amounts of 

emissions from such stationary sources; also 

authority for the State to make such data available 

to the public as reported and as correlated with 

any applicable emission standards or limitations.” 

Adequate S. C. Code Secs. 48-1-50(22), 48-1-270. 

1

 Section 2 of the EPA-approved South Carolina Air Quality Implementation Plan (SIP), which defines the 

State’s statutory powers as required in 40 CFR 51.230. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Legal Authority - Page 3
Public Hearings 

The South Carolina Pollution Control Act provides for notice and public hearings prior to action 

by the Board of Health and Environmental Control concerning adoption of regulations and 

standards, adoption or modification of final compliance dates, and other specified legal actions. 

Additionally, Act 176 of 1977 enacted by the South Carolina General Assembly requires, among 

other things, that at least thirty days public notice be given before adoption, amendment or repeal 

of any rule. It also requires that the substance of the intended action or a description of the 

subjects and issues involved be made known. While this act escapes the actual requirement for a 

public hearing in each case, the two Acts taken together do impose the requirement of a thirty 

days notice of public hearing, assuring compliance with the requirements of 40 CFR 51.102, as 

amended. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Legal Authority - Page 4