**June 8, 2007**

CERTIFIED MAIL

**James I. Palmer, Regional Administrator USEPA Region 4** 

**Atlanta Federal Center 61 Forsyth Street, SW**  **Atlanta, GA 30303-8909**

RE: Revision to South Carolina Air Quality State Implementation Plan

8-Hour Ozone Attainment Demonstration Request for Parallel Processing

**Dear Mr. Palmer:**

**On February 8, 1979, the United States Environmenta l Protection Agency (EPA)**  **promulgated the 0.12 parts per million (ppm) 1-hour ozone standards, (44 FR 8202). On**  **July 18, 1997, the EPA promulgated a revised ozone standard of 0.08 ppm, as measured**  **over an 8-hour period [i.e., the 8-hour standard (6 2 FR 38856)]. Upon promulgation of a**  **new or revised National Ambient Air Quality Standar d (NAAQS), the Clean Air Act**  **(CAA) requires the EPA to designate areas as attain ing or not attaining that NAAQS. On**  **April 30, 2004, EPA announced and promulgated desig nations, classifications, and**  **boundaries for every area in the United States with respect to the 8-hour ozone NAAQS**  **(69 FR 23857).**

**On April 30, 2004, the EPA designated and classifie d that portion of York County, South**  **Carolina within the Rock Hill Fort Mill Area Transp ortation Study (RFATS)**  **Metropolitan Planning Organization (MPO) as a moder ate nonattainment area for the 8-**  **hour ozone NAAQS as part of the Charlotte-Gastonia- Rock Hill, NC-SC (Metrolina)**  **nonattainment area. As a result of this designatio n, the South Carolina Department of**  **Health and Environmental Control (the Department) i s required to amend the**  South Carolina Air Quality Implementation Plan **, also known as the State Implementation Plan, or SIP, in accordance with the requirements of the**  **CAA, as amended (42 U.S.C. 7401,** et

seq **.). States involved in a multi-State ozone nonatta inment area must work together to**  **perform the appropriate modeling analyses to identi fy control measures that will enable**  **the area to achieve attainment as expeditiously as practicable. Each State is responsible**  **for its portion of the control program and will be held accountable for controls identified**  **for implementation within its State boundaries. Parallel Processing Request** 

**8-hour Ozone Attainment Demonstration Page Two**  **June 8, 2007**

**Sections 172(c), 182(a), and 182(b) of the CAA pres cribe the requirements for ozone**  **nonattainment areas. All designated nonattainment areas must comply with the general**  **requirements mandated by Section 172(c) of the CAA. As a Subpart 2, moderate ozone**  **nonattainment area, the Metrolina area must also me et the additional requirements**  **prescribed by Section 182 of the CAA. Each State i n which all or part of a moderate** 

**nonattainment area is located shall make the submis sions described under Section 182(a)**  **(relating to marginal nonattainment areas) and shal l also submit the revisions to the**  **applicable implementation plan described under Sect ion 182(b) with respect to moderate**  **nonattainment areas. The Department believes it ha s, through the measures outlined in** 

**the enclosed** 8-Hour Ozone Attainment Demonstration for the Porti on of York County, SC Within the Rock Hill-Fort Mill Area Transportati on Study (RFATS) Metropolitan Planning Organization (MPO), **fulfilled these requirements. Included in the prop osed**  **SIP amendment is a Reasonably Available Control Tec hnology (RACT) demonstration** 

**for affected facilities within the noted nonattainm ent area. The Department submitted the**  **draft RACT demonstration to EPA Region 4 on March 6 , 2007.** 

**South Carolina has worked diligently with its plann ing partners [including but not limited**  **to: the State of North Carolina, the RFATS MPO, Yo rk County, the South Carolina**  **Department of Transportation, EPA Region 4, the Sou th Carolina Division Office of**  **Federal Highways, the Federal Transit Authority (FT A), the City of Rock Hill, Visibility**  **Improvement State and Tribal Association of the Sou theast (VISTAS) Regional Planning**  **Organization (RPO), the Association of Southeastern Integrated Planning (ASIP) RPO]**  **in developing this proposed SIP amendment, designed to achieve attainment for the 8-**  **hour ozone NAAQS by the June 15, 2010, attainment d eadline. The attainment** 

**demonstration SIP submission deadline for States ha ving moderate ozone nonattainment**  **areas (such as the Metrolina nonattainment area) is June 15, 2007.** 

**On May 25, 2007, with regard to the proposed 8-hour ozone attainment demonstration for**  **the portion of York County, South Carolina within t he RFATS MPO, and to encourage**  **participation by interested parties and the regulat ed community, the Department published**  **a notice of public hearing and announcement of the commencement of a thirty-day public**  **comment period in the** South Carolina State Register **“Notices” section. Department**

**staff will continue to receive comments until 5:00 p.m. EST on the day of the public**  **hearing, which is June 25, 2007. A copy of this an nouncement has been enclosed with**  **this letter. South Carolina has the necessary lega l authority to adopt and implement this**  **revision to the SIP and to carry out the responsibi lities of the CAA. (A description of**  **South Carolina’s statutory powers, as required in 4 0 CFR Section 51.230, is also**  **enclosed.) It is the Department’s intent to submit to EPA Region 4 a final SIP** 

**amendment for the 8-hour ozone attainment demonstra tion after the expiration of the**  **comment period and execution of the public hearing. Parallel Processing Request** 

**8-hour Ozone Attainment Demonstration Page Three**  **June 8, 2007**

**The Department respectfully requests that EPA Regio n 4 provide a review of the**  **enclosed documentation comprising South Carolina’s SIP amendment through the**  **parallel processing mechanism. Should you or your staff have any questions regarding**  **this SIP amendment, please do not hesitate to conta ct Stacey Gardner at (803) 898-4287.** 

**Sincerely,**

**Robert W. King, Jr., P.E. Deputy Commissioner**  **Environmental Quality Control**

**cc: Kay Prince, Chief, Air Planning Branch, USEPA Region 4**  **Dick Schutt, Chief, Regulatory Development Se ction, USEPA Region 4**  **Nacosta Ward, Regulatory Development Section, USEPA Region 4**  **Myra Reece, Chief, BAQ, SCDHEC Robert J. Brown, Jr., Director, Division of Air Pla**  **nning, Development & Outreach, BAQ, SCDHEC**  **Stacey Gardner, Manager, Regulations Developm ent Section, BAQ, SCDHEC** 

**Attachments**

**1. Notice to Amend Air Quality State Implementation Pl**  **an and Notice of Public Hearing (May 25, 2007, publication in**  South Carolina State Register **)**

**2. South Carolina’s Legal Authority - Excerpt from the**  **EPA-approved SIP**

**3. Text of Proposed Amendment (Draft SIP Revision, con**  **tained in XX three-ringed binders)** ATTACHMENT 1

SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

**Statutory Authority: 1976 Code Section 48-1-10,** et seq.

PROPOSED AMENDMENT TO THE SOUTH CAROLINA AIR QUALITY IMPLEMENTATION PLAN

ATTAINMENT PLAN FOR THE RFATS MPO, S. C. 8-HOUR OZONE NAAQS NONATTAINMENT AREA

Requirement to Amend the South Carolina Air Quality Implementation Plan:

**In a** Federal Register **(FR) notice published on July 18, 1997 (62 FR 3885 6), the**  **United States Environmental Protection Agency (EPA) promulgated amendments to the**  **National Ambient Air Quality Standards (NAAQS) for ozone. Based on its review of**  **available scientific evidence linking exposures to ambient ozone to adverse health and**  **welfare effects at levels allowed by the 1-hour ozo ne standards, the EPA replaced the 1-**  **hour primary standard with an 8-hour standard at a level of 0.08 ppm based on the 3-year**  **average of the annual fourth-highest daily maximum 8-hour average ozone** 

**concentrations measured at each monitor within an a rea. The 1-hour secondary standard**  **was also replaced by an 8-hour secondary standard i dentical to the new primary standard.** 

**On April 30, 2004 (69 FR 23858), the EPA designate d and classified that portion of**  **York County, South Carolina within the Rock Hill Fo rt Mill Area Transportation Study**  **(RFATS) Metropolitan Planning Organization (MPO) as a moderate nonattainment area**  **for the 8-hour ozone NAAQS as part of the Charlotte -Gastonia-Rock Hill nonattainment**  **area. As a result of this designation, the South C arolina Department of Health and**  **Environmental Control (Department) is required to a mend the**  South Carolina Air Quality Implementation Plan **, also known as the State Implementation Plan, or S IP, in accordance**  **with the requirements of Title I, Part D - Plan Req uirements for Nonattainment Areas,**  **Subpart 1, Section 172, and Subpart 2, Section 182 of the**  Clean Air Act **(CAA), as amended (42 U.S.C. 7401,**  et seq. **). States involved in a multi-State ozone nonattai nment**  **area must work together to perform the appropriate modeling analyses to identify control** 

**measures that will enable the area to achieve attai nment as expeditiously as practicable.**  **Each State is responsible for its portion of the co ntrol program and will be held**  **accountable for controls identified for implementat ion within its State boundaries.** 

Notice of Public Hearing and Opportunity for Public Comment:

**Interested members of the public are invited to pr ovide comments on the proposed** 

**amendment to the** South Carolina Air Quality Implementation Plan **at a public hearing to be conducted by staff of the Department on June 25,**  **2007. The public hearing is to be held at 10:00 a.m. in room 2380 at the Department o**  **f Health and Environmental Control, 2600 Bull Street, Columbia, SC. The purpose of the**  **public hearing is to receive comments**

**from interested persons on the proposed 8-hour ozon e NAAQS attainment demonstration** 

**SIP for the South Carolina RFATS MPO moderate nonat tainment area.** 

**Interested persons are also provided an opportunit y to submit written comments to**  **Stacey Gardner at the South Carolina Department of Health and Environmental Control,**  **Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. Comments may also be** 

**submitted via email to gardnesr@dhec.sc.gov**  **. To be considered, comments must be received no later than 5:00 p.m. on June 25, 2007.** 

**Copies of the proposed amendment to the SIP may be obtained by contacting**  **Stacey Gardner at the South Carolina Department of Health and Environmental Control,**  **Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201, or by calling (803) 898-**  **4287. Copies of the proposed amendment to the SIP will also be posted on the**  **Department's Bureau of Air Quality web site at: http://www.scdhec.net/environment/baq/** 

**.**ATTACHMENT 2

LEGAL AUTHORITY 1

**No plan for attaining a goal, the attainment of whi ch is dependent upon regulatory action, can be**  **used with any degree of effectiveness unless the le gal framework is strong. Consequently, the**  **Requirements for Preparation, Adoption, and Submitt al of Implementation Plans, 40 CFR 51, as**  **amended, define the necessary statutory powers whic h 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 t o 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**  **Adequate S. C. Code Sec. 48-1-50(10),**  **(20), (22), (24).**

**1 Section 2 of the EPA-approved South Carolina Air Q**  **uality Implementation Plan (SIP), which defines the State’s**  **statutory powers as required in 40 CFR 51.230. Legal Authority Required** 

**40 CFR 51 Adequacy** 

**of S. C.**

**Law S. C. Statutes Involved** 

**recordkeeping and to make inspections and conduct tests of air pollution sources.”**  **(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.**

Public Hearings

**The South Carolina Pollution Control Act provides f or notice and public hearings prior to action**  **by the Board of Health and Environmental Control co ncerning adoption of regulations and**  **standards, adoption or modification of final compli ance 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 noti ce 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 t his act escapes the actual requirement for a**  **public hearing in each case, the two Acts taken tog ether do impose the requirement of a thirty**  **days notice of public hearing, assuring compliance with the requirements of 40 CFR 51.102 as** 

**amended.**

Public Availability of Information

**The South Carolina Pollution Control Act provides f or the public availability of any records,**  **report or information obtained under the provisions of the Act. However, upon a showing**  **satisfactory to the Department that records, report s or information, other than effluent or**  **emission data, if made public would divulge methods or processes entitled to protection as trade**  **secrets of the source, the Department shall conside r such data confidential.** 

**All source data are kept on file at the offices of the Bureau of Air Quality Control, Department of**  **Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina, and are**  **available to the public at this location, Monday th rough Friday, between the hours of 8:30 a.m.**  **and 5:00 p.m. Such data are retained in the Permit , Source Test, and Emission Inventory Files.** 

**The files contain information as to the source emis sions, and these emissions are depicted in**  **comparison to the applicable emission standards or limitations as stated in the Air Pollution**  **Control Regulations and Standards for the State of South Carolina.** ATTACHMENT 3

**The 8-Hour Ozone Attainment Demonstration For The Portion Of York County, SC**  **Within the Rock Hill-Fort Mill Area Transportation Study (RFATS) Metropolitan Planning**  **Organization (part of the Charlotte-Gastonia-Rock H ill, NC-SC 8-Hour Ozone Nonattainment**  **Area) can be found in the set of three ringed binde rs enclosed with this submission.**