### September 28 , 2015

Heather McTeer Toney Regional Administrator US EPA Region 4

Atlanta Federal Center 61 Forsyth Street, SW

Atlanta. GA 30303

- 8909

Re: South Carolina Transportation Conformity Air Quality Implementation Plan

Dear Ms. Toney:

The South Carolina Department of Health and Environmental Control (Department) is pleased to present the revised Transportation Conformity State Implementation Plan (SIP), including a new Memorandum of Agreement (MOA). The Department last amended its SIP to address the requirements of the Transportation Conformity Rule Amendments for the New PM 2.5 

### National Ambient Air Quality Standard: PM 2.5 

### Precursors and the SAFETE A

- LU amendments. The SIP was duly amended and the changes took effect upon publication in the South Carolina State Register on November 28, 2008. The EPA approved the amended Transportation Conformity SIP through a Direct Final Rule on July 28, 2009 (74 FR 37168).

The Department has now included necessary changes, and a reorganization that combines previous Exhibits 1 and 2 into a single MOA document with the legal recitals and signature

pages. These changes updated the signatories and added the Lowcountry Area Transportation Study in the list of Metropolitan Planning Organizations (MPOs), reflecting population changes as part of the 2010 Census. R evisions were also made to the “Interagency Consultation

Procedures for the Determination of the Con formity of Transportation Plans, Programs and Projects

, ” to clarify the responsibilities of the MPO, correct grammar and punctuation, and recodify sections C, D and E for ease of reading. In addition, language wa s added to specifically address the require ments of 40 CFR 93.122(a)(4)(ii) and 93.125(c), and a new “General

Provisions” Section F wa s added.

On November 28, 2014, the Department submitted its pre

- hearing draft of the MOA to EPA Region 4 for comments, simultaneously with the publication of a noti ce in the South Carolina State Register . The EPA had no comments on this document. A public hearing was scheduled for January 6, 2015, but no request for the hearing was received, and the hearing was canceled pursuant to 40 CFR 51.102. No comments, writ ten or oral, were received from the public. The Department has obtained authorized signatures from South Carolina’s MPOs and interagency partners, which are included as pages 13 to 28 of the MOA. This final Amendment to the SIP takes effect upon publicat ion in the South Carolina State Register on October 2 3 , 2015.South Carolina Transportation Conformit y State Implementation Plan

September 28, 2015 Page 2



### As you know

, on February 10, 2015 (80 FR 7333), the EPA published revisions to 40 CFR 51.103 that allow states to make formal requests for SIP approval via the EPA’s eSIP submission

system. The Department has elected to submit this request via the eSIP submission system and is providing this electronic copy merely for convenience to fellow recipients.

The Department requests final approval from EPA on the revisions to the South Carolina SIP

. The Department appreciates the assistance provided by EPA staff regarding the formulation of this plan. Should you or your staff have any questions or comments concerning this SIP revision, please contact Myra C. Reece, Chief

, Bureau of Air Quality (BA Q), at (803) 898

- 4102

or reecemc@dhec.sc.gov

.

Sincerely,

Elizabeth A. Dieck, Director

Environmental Affairs South Carolina Department of Health and Environmental Control

ec: R. Scott Davis III, Chief, Air P lanning Branch, EPA Region 4 Lynorae Benjamin, Chief, Regulatory Development Section, EPA Region 4 David Akers, South Carolina Liaison, EPA Region 4 Kelly Sheckler, EPA Region 4 Myra Reece, Chief, BAQ, SCHEC Rhonda Banks Thompson, P.E., Assistant Chie f, BAQ, SC DHEC Robert J. Brown, Jr., Director , Division of Air Assessment and Regulation, BAQ,

SCDHEC L. Nelson Roberts, Manager, Air Program Implementation & Mobile Sources Section

, BAQ, SCDHEC Maeve S.R. Mason, Manager, Regulation Development and SIP Mgmt, BAQ, SCDHEC

Attachment: South Carolina Transportation Conformity Air Quality Implementation Plan Appendix A: South Carolina State Register “Notice of Amendment to the South Carolina

Air Quality Implementation Plan” and Notice of Public Hearing

- Pu blished on November 28, 2014, and South Carolina State Register “Notice of Final Amendment to Air Quality State Implementation Plan”

– to be published on

October 2 3 , 2015. Appendix B: Copy of Legal AuthorityPage 1 of 17 

## MEMORANDUM OF AGREEMENT

THIS MEMORANDUM OF AGREEMENT, made as of th e last day listed below, by and between the

SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BUREAU OF AIR QUALITY (“SCDHEC BAQ”), the SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION (“SCDOT”), the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (“USEPA”), the FEDERAL HIGHWAY ADM INISTRATION (“FHWA”), the FEDERAL TRANSIT ADMINISTRATION (“FTA”), and the fo llowing Metropolitan Planning Organization(s) (“MPO(s)”):

ANDERSON AREA TRANSPORTATION STUDY (“ANATS”) AUGUSTA REGIONAL TRANSPORTATION STUDY (“ARTS”) CHARLESTON AREA TRANSPORTATION STUDY (“CHATS”) COLUMBIA AREA TRANSPORTATION STUDY (“COATS”) FLORENCE AREA TRANSPORTATION STUDY (“FLATS”) GREENVILLE-PICKENS AREA TRANSPORTATION STUDY (“GPATS”) GRAND STRAND AREA TRANSPORTATION STUDY (“GSATS”) LOWCOUNTRY AREA TRANSPORTATION STUDY (“LATS”) ROCK HILL – FORT MILL AREA TRANSPORTATION STUDY (“RFATS”) SPARTANBURG AREA TRANSPORTATION STUDY (“SPATS”) SUMTER AREA TRANSPORTATION STUDY (“SUATS”)

and collectively referred to hereinafter as the Parties.

RECITALS

WHEREAS , by entering into this Memorandum of Agre ement (“Agreement” or “MOA”), the Parties intend to comply with Section 176(c) of the Clean Air Act (CAA), as amended (42 USC 7401 et seq. ), and regulations under 40 CFR Part 93, Subpart A with r espect to the conformity of transportation plans, programs, and projects that are funded, or approved by the United States Department of Transportation (USDOT) under 23 USC (Highways), or the Federal Transit Act, 49 USC 53; and

WHEREAS , 42 USC Section 7506(c), requires conformity de terminations to ensure that transportation plans, programs, and projects funded or approved unde r 23 USC (Highways) or the Federal Transit Act, 49 USC 53 conform with State and Federal air quality implementation plans;

WHEREAS , EPA’s transportation conformity rule (40 CF R Parts 51 and 93) establishes the criteria and procedures for determining whether transportation plans, transporta tion improvement programs (TIPs), and federally funded or approved highway and transit projects conform to state air quality goals.

WHEREAS , 40 CFR parts 51 and 93 require that MPOs, State Departments of Transportation, the FHWA, and the FTA must make these conformity determinations on transportation plans and transportation improvement programs in nonattainment and maintenance areas for proposed projects in those areas before those projects are adopted, approve d or accepted, and on projects before they are approved or funded; and

WHEREAS , EPA has stated it will “accept State conformity procedures in any form provided the State can demonstrate to EPA’s satisfaction that, as a matter of State law, the State has adequate authority to compel compliance with requirements of State confor mity procedures.” 58 FR 62209, section V.C. ; and,Page 2 of 17 WHEREAS, EPA published the Transportation Conformity Rule Restructuring Amendments (“Conformity Restructuring” rule) on March 14, 20 12 (77 FR 14979), which restructures two sections of the transportation conformity rule so that exis ting requirements apply for any NAAQS, including new or revised NAAQS promulgated in the future.” EPA July 2012 Guidance for Transportation Conformity Implementation in Multi-Jurisdic tional Nonattainment and Maintenance Areas, p. 6

WHEREAS , all Parties to this MOA desire to comply with the aforementioned federal laws and regulations and comparable state and local laws a nd regulations intended to assure the conformity of activities to applicable implementation plans develope d according to Part A, Section 110 and Part D of

the CAA for the sections of the federal rule it cove rs (40 CFR 93.105, 93.122(a)(4)(ii), and 93.125(c));

and 40 CFR 93.

WHEREAS , the CAA, as amended (42 U.S.C. 7401, et seq .), requires the State of South Carolina to

submit a revision to the South Carolina Air Quality Implementation Plan, also known as the State Implementation Plan (SIP) containing the inte ragency consultation procedures and enforceable commitments related to conformity of transportation plans, programs and projects in areas designated as air quality non-attainment or maintenance in order to conform to the purpose of the SIP to meet national ambient air quality standards; and,

WHEREAS , the CAA as amended (42 U.S.C. 7401, et seq. ), specifically Sections 121, 174, and 176, 40 CFR, Part 93, Subpart A, Title 23 USC 134, and 23 CFR Part 450 Subpart C, require intergovernmental consultation (1) before findings of conformity for th e plans, programs and projects are made, and (2) for the development and submittal of applicab le implementation pl an revisions; and,

WHEREAS , the CAA, as amended (42 U.S.C. 7401, et seq. ) in Section 110(a)(2)(A) and (E) require SIP revisions to be enforceable under state law, and “i n order for EPA to approve the implementation plan revision submitted to EPA under this Subpart, the plan revi sions must address and give full legal effect to the following three requirements of Part 93, Subpart A: Sections 93.105, 93.122(a)(4)(ii) and 93.125(c)”; and,

WHEREAS , the MPOs were created by federal highway an d transit statutes for the spending of federal highway or transit funds within the MPO boundaries a nd have the authority for planning, programming, and coordination of federal highw ay and transit investments,

NOW, THEREFORE , the parties intending to be legally bound agree as follows:

The Parties shall cooperatively support and implement the inte ragency consultation procedures contained herein in order to ensure that the plans, programs and projects adopted by the Parties conform to the purpose of the SIP to meet national ambien t air quality standards for any applicable criteria pollutant.

It is further agreed and understood by each Party that :

1. The conformity of plans, programs, and project s funded under 23 U.S.C and the Federal Transit Act shall be determined pursuant to 42 U.S.C. Section 7401, et seq. ); and as provided in 40 CFR Part 93 Subpart A, as amended; and pursuant to the “Sou th Carolina Criteria and Interagency Consultation Procedures for the Determination of the Conformity of Transportation Plans, Programs, and Projects.”Page 3 of 17 2. This MOA will constitute a revision to the Sout h Carolina SIP required by Section 176 of the CAA, and will govern interagency consultation requirements for transportati on conformity determinations in the

State of South Carolina.

3. This MOA addresses and gives full legal effect to the following three requirements of the Federal Transportation Conformity Rule, 40 CFR Part 93 , Subpart A: (1) 40 CFR 93.105, which addresses consultation procedures; (2) 40 CFR 93.122(a)(4)(ii) , which stipulates that written commitments to

control measures that are not included in the trans portation plan and TIP must be obtained prior to a conformity determination and that such commitment s must be fulfilled; and (3) 40 CFR 93.125(c), which stipulates that written commitments to mitigati on measures must be obtained prior to a positive conformity determination and that project s ponsors must comply with such commitments.

4. Execution of this MOA by each Party shall be by signature of each Party’s representative.

5. The provisions of this MOA shall be implemen ted through appropriate procedures, resolutions, or other means, in order to comply with the requireme nts of all Federal and State laws and regulations relating to the determination of conformity and th e development of applicab le implementation plan

revisions. This MOA defines and delineates the rol es, processes, and responsibilities of each signatory.

6. The following descriptions are intended to distinguish legal boundaries only. The MOA and

associated exhibits are not valid for any portions outside of South Carolin a. The term “MPO” refers to the policy board for the organization that is designated under 23 USC 134(d) and 49 USC 5303(d). Any change in the name, membership, or geographic di stribution of these MPOs will not require a formal revision of the SC Transportation Conformity SIP. Documentation indicating a change in the name, membership, or geographic distribution will be submitte d to each of the Parties, including EPA Region 4, for inclusion in the SC Transportation Conform ity SIP. Description of Metropolitan Planning Organizations:

Columbia MPO - That portion of Kershaw, Lexington, Richland, and Calhoun counties distinctly defined and known as the Columbia Area Transportation Study (COATS).

Greenville MPO - That portion of Greenville, Laurens, Pickens, Anderson and Spartanburg counties distinctly defined and known as the Greenville -Pickens Area Transportation Study (GPATS).

Spartanburg MPO - That portion of Spartanburg County distinctly defined and known as the Spartanburg Area Transportation Study (SPATS).

Augusta-Aiken MPO - That portion of Richmond and Columbia counties in the State of Georgia and that portion of Aiken and Edgefield counties in the State of South Carolina distinctly defined and known as the Augusta Regional Transportation Study (ARTS).

Rock Hill-Fort Mill MPO - That portion of York and Lancaster counties distinctly defined and known as the Rock Hill-Fort Mill Area Transportation Study (RFATS).

Florence MPO - That portion of Florence and Darlington counties distinctly defined and known as the Florence Area Transportation Study (FLATS).

Anderson MPO - That portion of Anderson County distin ctly defined and known as the Anderson Area Transportation Study (ANATS).Page 4 of 17 Charleston MPO - That portion of Berkeley, Charleston and Dorchester counties distinctly defined and known as the Charleston Area Transportation Study (CHATS).

Grand Strand MPO – That portion of Brunswick County in the State of North Carolina and that portion of Horry and Georgetown counties distinctly defi ned and known as the Grand Strand Area Transportation Study (GSATS).

Sumter MPO - That portion of Sumter County distinctly defined and known as the Sumter Area Transportation Study (SUATS).

Lowcountry MPO - That portion of Beaufort and Jasper Counties, including the Towns of Hilton Head Island and Bluffton distinctly de fined and known as the Lowcountry Area Transportation Study (LATS).

South Carolina Criteria and Interagency Consulta tion Procedures for th e Determination of the Conformity of Transportation Plans, Programs, and Projects

A. General Provisions

Pursuant to 40 CFR 93.105, this document provid es for interagency consultation (federal, state, and local), resolution of conflicts and public consulta tion procedures. Consultation procedures shall be undertaken prior to making transportation conformity determinations and prior to adopting applicable South Carolina Air Quality Implementation Plan , also known as the State Implementation Plan (SIP)

revisions.

B. Interagency Consultation Procedures: General Procedure

1. Representatives of the Metropolitan Planning Organizations (MPOs), the South Carolina Department of Health and Environmental Cont rol (DHEC), the South Carolina Department of Transportation (SCDOT), and local publicly-owned tran sit agencies, not associated with the MPOs, shall collectively undertake an interage ncy consultation process in accord ance with the procedures outlined herein with regional representatives of the United St ates Environmental Protection Agency (EPA), the Federal Highway Administration (FHWA), and th e Federal Transit Administration (FTA) on the development of the applicable implementation plan, the list of transportation control measures (TCM) in the applicable implementation plan under 23 CFR 450.314, the transportation plan (TP), the Transportation Improvement Program (TIP), any revisions to the preceding documents, and associated conformity determinations.

2. For the purposes of regular consultati on, the affected agencies shall include:

a. MPOs (Metropolitan Planning Organizations) in non-attainment or maintenance areas;

b. DHEC (South Carolina Department of H ealth and Environmental Control);

c. SCDOT (South Carolina Department of Transportation);

d. FHWA (Federal Highway Administration South Carolina Division Office);

e. FTA (Federal Transit Administration);

f. EPA Region 4 (Environmental Protection Agency); and,Page 5 of 17 g. Local publicly-owned transit agencies, not associated with the MPOs, in nonattainment or

maintenance areas.

3. The MPO, as the lead transportation planni ng agency, shall have the primary responsibility in its designated non-attainment or maintenance area for developing the TP, the TIP, and for providing assistance for technical analyses by employing travel-demand modeling techniques, acquiring all necessary data, and coordinating these activities with agencies specified in Subsection B.2. The MPO shall work in consultation with SCDOT and local pub licly-owned transit agencies , not associated with the MPOs, in developing these documents. The MPO shall be responsible for providing written notification of an initial meeting concerning tr ansportation and related air quality issues to each of the affected agencies. Subsequent routine meetings will be agreed upon collectively by affected agencies. Scheduling changes shall be coordinated in a timely manner. The MPO or designee(s) shall be responsible for scheduling and coordinating meetings, preparing and transmitting agendas, and ensuring that meeting

notes are taken and distributed. When the MPO is not the lead transportation planning agency, SCDOT shall have the same responsibilities as the MPO in fulf illing all applicable provisions of the consultative process and transportation conformity determinations.

4. The MPO shall notify each affected agency of all transportation pl anning activities for all federal and non-federal projects that are regionally significant and therefore need to be included in regional emissions analysis when estimating emis sions from mobile sources in nonattainment and

maintenance areas.

5. DHEC, as the state air quality lead agency, shall have primary responsibility for developing transportation-related SIPs, air quality modeling dem onstrations, emissions i nventories, and related activities. Transportation-related SI Ps shall be prepared by DHEC with the assistance of the affected agencies. DHEC shall distribute docu ments to all affected agencies fo r review and comment. DHEC shall schedule public hearings to receive public comment on transportation-rela ted SIPs. Comments and responses to comments shall be included in applicable SIP submittals to EPA.

6. For purposes of regular consultation, or ganizational representation shall be defined as

follows:

a. MPO, Executive Director or designee;

b. DHEC, Environmental Quality Control Deputy Commissioner or designee;

c. SCDOT, Secretary of Transportation or designee;

d. FWHA, Division Administrator or designee;

e. FTA, Regional Administrator or designee;

f. EPA, Regional Administrator or designee; and,

g. Local publicly-owned transit agencies.

7. Other specific roles and responsibilities of vari ous participants in the interagency consultation process shall be as follows:

a. The MPO, or SCDOT if there is no MPO for the area, shall be responsible for: i. Developing transportation plans, projects, and TIPs;Page 6 of 17 ii. The transportation impacts of TCMs; iii. Developing transportation and so cioeconomic data and planning assumptions and providing such data and planning assumptions to DHEC for use in air quality analysis to determine conformity of transportation plans, TIPs, and projects; iv. Monitoring of regionally significant projects; v. Developing system- or facility- based or other programmatic (non-regulatory) TCMs; vi. Providing technical and po licy input on motor vehicle emissions budgets; vii. Ensuring and coordinating the performance of transportation modeling for the purposes of generating the TIP or projects, regiona l emissions analyses and documentation of timely implementation of TCMs needed for conformity assessments; viii. Developing draft and final conform ity determination documents for all transportation plans, programs, and projects; and, ix. Developing and maintaining a writte n plan specifying the tim eframes for the submittal of projects to be considered for inclusion in the tr ansportation plan, TIPs, and projects; ensuring the plan is readily accessible upon request by the public and interagency partners.

b. DHEC shall be responsible for: i. Developing emissions inventories; ii. Developing emissions budgets; iii. Conducting air quality and emissions modeling; iv. Composing attainment demonstrations; v. Revising control strategy implementation plan; vi. Implementing regulatory TCMs; and, vii. Compiling motor vehicle emissions factors.

c. The SCDOT shall be responsible for: i. Developing statewide transportation plans and Statewide Transportation Improvement Programs (STIPs); ii. Providing technical input on new and proposed revisions to motor vehicle emissions budgets; iii. Distributing draft and final project environmental documents to other agencies; iv. Convening air quality technical review meetings on specific projects when requested by other agencies, or as needed; v. Developing updated motor vehicl e emissions estimates and projections; and, vi. Choosing and evaluating transportati on models and associated methods and assumptions to be used in hot spot and regional emissions analyses.

d. The FHWA and FTA shall be responsible for: i. Ensuring timely action on final findi ngs of conformity, after consultation with other agencies; ii. Providing guidance on conformity a nd the transportation planning process to agencies in interagency consultation; and, iii. Reviewing, commenting on, and approving conformi ty determinations.

e. The EPA shall be responsible for: i. Reviewing motor vehicle emissi ons budgets in submitted SI Ps and finding them adequate or inadequate based on adequacy criteria and procedures; ii. Providing guidance on conformity cr iteria and procedures to agencies in interagency consultation; iii. Approving or disapproving submitted SIP revisions (including TCMs);Page 7 of 17 iv. Providing modeling and emission inventory development assistance to the SCDOT, DHEC, and MPO; and, v. Providing comments on the regional emissions analyses and conformity determinations of transportati on plans, TIPs, and projects.

f. The local publicly-owned transit agenci es, not associated with the MPOs, in nonattainment or maintenance areas shall be responsible for:

i. Supporting and conducting, as necess ary, the transportation planning activities for public transportation service including transit operations; and, ii. Providing the MPO with the info rmation necessary for annual endorsement of Federal Transit Administration programs.

8. Before adoption and approval of conformity analyses prepared for transportation plans, TIPs, and projects, the MPO and/or SCDOT, as the lead transportation planning agency, shall distribute a final draft of the documents, including supporting technical ma terials, to the affected agencies for review and comments. Affected agencies shall review and submit written comments to the lead agency within thirty (30) calendar days. The lead agency shall respond to written comments made by the affected agencies on transportation plans, TIPs, projects, or SIPs in writing within thirty (30) calendar days of receipt of such comments. Comments and responses to comments shall be distributed for review by all affected agencies. Following resolution of all significant issues, final doc uments shall be revised accordingly and submitted to the designated lead agency fo r formal adoption and approval.

9. Meetings of the group of affected agencies shall convene for the specific purpose of considering issues with regard to the conformity of transportation plans, TIPs, and projects with the transportation conformity SIP. The frequency of th ese meetings shall be determined jointly by the specified transportation and air quality lead agencies. Affected agencies shall meet on a regular basis, at least quarterly, unless the lead agencies determine there is a need for an earlier meeting or, alternatively, that there is no need for the regularly-schedul ed meeting. Based upon comments received and in coordination with the MPO, the lead agency may schedule a meeting where consultation with all affected agencies concerned can be accomplished simultaneously for the resolution of comments and issues. All meeting agendas, notes and call logistics are the responsibility of the MPO or designee(s).

10. Where TCMs are to be included in app licable SIPs in urbanized non-attainment or maintenance areas, a list of TCMs shall be selected and developed by the MPO in cooperation with other affected agencies. This list of TCMs shall be main tained and distributed to all cooperating agencies by

DHEC after its review and consultation with the MPO. The list of TCMs shall be made available for inspection or copying for all in terested persons and agencies.

C. Interagency Consultation Procedures: Specific Processes

1. An interagency consultation process in accordance with Subsection B involving the MPO, DHEC, SCDOT, EPA, and FHWA or FTA shall be undertaken for the following:

a. Evaluating and choosing a model(s) and associated methods and assumptions to be used in hot-spot analyses and regional emissions analyses;

b. For purposes of regional emissions an alysis, the MPO shall actively consult with the affected agencies to determine which minor arte rials and other transportation projects should be considered “regionally significant” projects (in addition to those functionally classified as principal arterial or higher or fixed guideway systems or extens ions that offer an alternative to regional highwayPage 8 of 17 travel as defined by 40 CFR 93) and which projects shoul d be considered to have a significant change in design concept and scope from the transportation plan or TIP. Prior to initiating any final action on these issues, the MPO shall consider the views of each agency that comments or responds in writing prior to any final action on these issues. If the MPO receives no comments within thirty (30) calendar days, the MPO may assume consensus by the affected agencies;

c. The MPO shall submit a list of exempt projects to affected agencies to evaluate whether projects otherwise exempted from meeting the requirements of 40 CFR Part 93 Subpart A (see Sections 93.126 and 127) should be treated as nonexempt in cases where potential adverse emissions impacts may exist for any reason. The MPO shall allow thirty (30) calendar days for comments;

d. The MPO and/or SCDOT, in consulta tion with the affected agencies shall make a determination, as required by 40 CFR 93, whether p ast obstacles to implementation of TCMs that are behind the schedule established in the applicable impl ementation plan have been identified and are being overcome and whether state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding fo r TCMs. This process shall also consider whether delays in TCM implementation necessitate revisions to the applicable implementation plan to remove

TCMs or substitute TCMs or ot her emission reduction measures;

e. The MPO and/or SCDOT, in consu ltation with the affected agencies, shall identify projects located at sites in PM 10 and PM 2.5 nonattainment and maintenan ce areas and require a hot-spot analysis (except where a categorical hotspot finding has been made);

f. The MPO shall notify the affected agencies of transportation plan or TIP revisions or amendments which merely add or de lete exempt projects listed in 40 CFR 93 and allow a thirty (30) day comment period; and,

g. The SCDOT, in consultation with the affected agencies, shall cooperatively choose the appropriate conformity test(s) and methodologies for use in isolated rural non-attainment and maintenance areas, as required by 40 CFR 93 and for any non-attainment or maintenance area for which an emissions budget has not b een developed and approved.

2. In accordance with Subsection B, an in teragency consultation process involving the MPO, DHEC and SCDOT shall be undertaken for the following:

a. The MPOs, SCDOT, and DHEC, in cooperation with the affected agencies, shall evaluate events that will trigger new conformity de terminations in addition to those triggering events established in 40 CFR 93; and,

b. The MPOs, SCDOT, and DHEC, in cooperation with the affected agencies, shall consult on regional emissions analysis for transporta tion activities that cross the borders of MPOs or nonattainment areas and define the resp ective responsibilities for each MPO.

3. For the purposes of determining the conformity of all projects outside the metropolitan planning area, but within the nonattainment or maintenance area, the MP O and SCDOT will work together to cooperatively plan and analyze projects so that transportation conformity requirements are

met.

4. In accordance with Subsection B:Page 9 of 17 a. An interagency consultation process involving the MPO, DHEC, SCDOT, and recipients of funds designated under title 23 U.S.C. or the Federal Transit Laws shall be undertaken to:

i. ensure that plans for construction of regionally significant projects which are not FHWA/FTA projects (including projects for which alte rnative locations, design concept and scope, or the no-build option are still being considered), including all those by recipients of funds designated under Title 23 U.S.C. or the Federal Transit Laws, are disc losed to the MPO on a regular basis (as defined by Subsection B.7.a.ix); and, ii. ensure that any changes to t hose plans are immediately disclosed.

b. The sponsor of any such regionally sign ificant project, and any agency that becomes aware of any such project through applications for approva l, permitting or funding or otherwise, shall disclose such project to the MPO in a timely manner (as defi ned by Subsection B.7.a.ix). Such disclosure shall be

made not later than the first occasion on whic h any of the following actions is sought: i. Any policy board action necessary for the project to proceed; ii. Issuance of administrative permits for the facility or for construction of the facility; iii. Execution of a contract to design or construct the facility; iv. Execution of any indebtedness for the facility; v. Any final action of a board, commission or administrator authorizing or directing employees to proceed with design, permitting or construction of the project; or, vi. The execution of any contract to desi gn or construct or any approval needed for any facility that is dependent on the completion of the regionally significant project.

c. To help assure timely disclosure, the sponsor of any potential regionally significant project shall disclose to the MPO within thirty (30) calenda r days of acknowledgment of each project for which alternatives have been identified through the Nati onal Environmental Policy Act (NEPA) process, and in particular, any preferred alternative that may be a regionally significant project.

d. In the case of any such regionally sign ificant project that has not been disclosed to the MPO and other interested agencies participating in the consultation process in a timely manner, such regionally significant project shall be deemed: i. Not to be included in the regional emissions analysis supporting the currently conforming plan and TIP’s conf ormity determination; and,

ii. Not to be consistent with the mo tor vehicle emissions budget in the applicable implementation plan.

e. For the purposes of the procedures outlined herein “approve” of a regionally significant project means:

i. The first time any action necessary to authorizing a project occurs, such as any policy board action necessary for the project to proceed; ii. Issuance of administrative permits for the facility or for construction of the facility; iii. Execution of a contract to construct the facility; iv. Any final action of a board, commission or administrator authorizing or directing employees to proceed with construction of the project; or, v. Any written decision or authorization from the MPO that the project may be adopted.

5. In accordance with Subsections B and C.4, the MPO and other recipients of funds designated under title 23 U.S.C. or the Federal Transit Laws, sh all cooperatively assume the location, design concept, and scope of projects that are disclosed to the MPO but whose sponsors have not yet decided thesePage 10 of 17 features in sufficient detail to perform the regional em issions analysis according to the requirements of 40

CFR 93.

6. Prior to making a conformity determina tion on a transportation plan or TIP, the MPO shall not include emission reduction credits from any c ontrol measures that are not included in the transportation plan or TIP and that do not require a regulatory action in the regional emissions analysis used in the conformity analysis unless the MPO, FHWA or FTA obtains written commitments, as defined in 40 CFR 93.101, from the appropr iate agencies to implement and fu lfill those control measures, as required by 40 CFR 93.122(a)(4)(ii).

7. The MPO, in accordance with Sub section B, shall notify DHEC, SCDOT, and local transportation agencies not associated with the MPOs, and shall seek th eir input for the design, schedule, and funding of research and data collection efforts and regional transportation model development by the MPO (e.g., household/travel transportation surveys).

8. Prior to making a conformity determinati on on the transportation plan or TIP, the MPO shall ensure any project-level mitigation or control meas ures are included in the project design concept and scope and are appropriately identified in the regional emissions analysis used in the conformity analysis. Prior to making a project-level conformity determin ation, written commitments will be obtained before such mitigation or control measures are used in a proj ect-level hot-spot conformity analysis, as required by 40 CFR 93.125(c).

9. In accordance with 40 CFR 93.125(c), prior to making a project-level conformity determination for a transportation project, FHWA/ FTA shall obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR 93.1 01, to implement any project-level mitigation or control measures in the construction or operation of the project identified as conditions for NEPA process completion. The written commitments to implement t hose project-level mitigation or control measures shall be fulfilled by the appropriate agencies.

10. Within fifteen (15) calendar days sub sequent to approval and a doption of final documents, including transportation plans, TIPs, conformity approvals, applicable implementation plans and implementation plan revisions, the lead agency (t hat is, DHEC, the MPO, or SCDOT) shall provide copies of such documents and supporting information to all affected agencies.

D. Resolving Conflicts

1. Any conflicts among state agencies or betw een state agencies and an MPO shall be escalated to the Governor of South Carolina (Governor), or the Governor’s designee, if the conflict cannot be resolved by the heads of the involved agencies.

2. In the event that the af fected agencies and MPO determine th at every effort has been made to address concerns and no further progress is possible, the dissenting party shall notify the representative of DHEC, as defined in Subsection B.6.; citing 40 CF R 93 in any notification of a conflict which may require action by the Governor.

3. Conflicts among State agencies or between State agencies and an MPO shall be escalated to the Governor, or the Governor’s designee, if the c onflict cannot be resolved by the heads of the involved agencies. DHEC has fourteen (14) calendar days wi thin which to appeal a proposed determination of conformity (or other policy decision under this agreement) to the Governor after the MPO or SCDOT has

notified DHEC of the resolution of al l comments on such proposed determination of conformity or policy decision. Such fourteen (14) day period shall co mmence when the MPO or SCDOT has confirmed receiptPage 11 of 17 by DHEC of the resolution of DHEC’s comments. If DHE C appeals to the Governor, the final conformity

determination must have the concurrence of the Go vernor, or the Governor’s designee. DHEC must provide notice of any appeal under this Subsection to the MPO and SCDOT. If DHEC does not appeal to the Governor within fourteen ( 14) calendar days, the MPO or SCDOT may proceed with the final conformity determination.

4. The Governor may delegate his or her role in this process, but not to the head or staff of DHEC, SCDOT, State transportation commission or board, or an MPO.

E. Public Consultation Procedures

1. MPOs and other agencies making conformity determinations, transportation plans, and TIPS shall ensure those plans are consistent with the requirements of 23 CFR 450.316(a) and 40 CFR 93.105(e). In particular, there shall be reasonabl e public access to technical and policy information considered by the Parties at the beginning of the pub lic comment period and prior to taking formal action on a transportation plan or TIP conformity determ ination. The opportunity for public involvement provided under this Subsection shall include access to information, emissions data, analyses, models and modeling assumptions used to perfo rm a conformity determination. Any charges imposed for public inspection and copying of conform ity-related materials shall be cons istent with the South Carolina Freedom of Information Act, S.C. Code Ann. section 30-4-10 et seq. (2007 & Supp. 2013).

2. After the completion of the public comment period, the comments received from the public on the conformity analysis, shall be addressed in the final report and may be raised in an additional meeting between the Parties. Comments may be a ddressed individually or in summary form at the discretion of the MPO. Parties must specifically address in writing all public comments that plans for regionally significant non-FHWA/FTA projects are not properly reflected in the emissions analysis supporting a proposed conformity finding for a transportation plan or TIP.

3. If the Parties disagree about the conclusions of the analysis, the MPO may convene a meeting

or consult with the Parties to consider and discuss the comments and determine whether further conformity-related analysis is needed.

4. No transportation plan, TI P, or project may be found to conform unless the determination of conformity has been subject to a public involvement process in accordance with this Subsection, without regard to whether the DOT has certified any process under 23 CFR 450.

F. General Provisions

1. The Recitals are incorporated herein and made part of this MOA.

2. Terms used but not defined in this MOA sha ll have the meaning given to them by the Clean Air Act, Title 23 and Title 49 United States Code, 40 CFR 93.101, other EPA regulations, or other USDOT regulations, in that order of priority.

3. This MOA does not vest or create rights in third persons who are not parties to the MOA and this MOA shall not serve as the basis for any third pa rty challenge or appeal. Third persons do not have the right to enforce this MOA. The obligations of the Parties under this MOA are contingent on the availability of funding.

4. Modification of this MOA must be by written amendment signed by all Parties to the MOA.Page 12 of 17 5. Any Party seeking to withdraw from this M OA, must notify the other Parties in writing thirty (30) days before withdrawal.

6. This MOA may be executed in counterparts. A copy with all original executed signatures shall constitute the original MOA. The MOA w ill be effective once all Parties have signed.

IN WITNESS WHEREOF , the Parties to this MOA have executed this AGREEMENT intending to be bound by it.

Signatures to FollowPage 13 of 17Page 14 of 17Page 15 of 17Page 16 of 17Page 17 of 17

# Appendix A

Public Notice South Carolina State Register November 28, 2014, and to be published October 23, 2015Revision to the South Carolina Air Quality Implementation Plan Appendix A – Page 2 South Carolina Transportation Conformi ty SIP and Memorandum of Agreement October 1, 2015Revision to the South Carolina Air Quality Implementation Plan Appendix A – Page 3 South Carolina Transportation Conformi ty SIP and Memorandum of Agreement October 1, 2015Revision to the South Carolina Air Quality Implementation Plan Appendix A – Page 4 South Carolina Transportation Conformi ty SIP and Memorandum of Agreement October 1, 2015 

### To be published in the South Carolina State Register on October 23, 2015:

DEPARTMENT OF HEALTH A ND ENVIRONMENTAL CONTROL

PUBLIC NOTICE

NOTICE OF FINAL AMENDMEN T TO AIR QUALITY STATE

IMPLEMENTATION PLAN

Statutory Authority: The Clean Air Act, 42 U.S.C. Section 7401 et seq .; 42 U.S.C. Sections 7407 & 7410; 40 C.F.R. Parts 51.102 and 51.241; S.C. Code Ann. Section 48-1-

10 et seq. (2008 & Supp. 2013)

Synopsis:

On September 27, 1996, a Memorandum of Agr eement (MOA), negotiated between the Department and the South Carolina Depart ment of Transportation (SC DOT), was published in the South Carolina State Register . The purpose of the MOA was to formally incorporate the applicable provi sions of the transportation co nformity review process in accordance with the requiremen ts of the Federal Clean Air Act Amendments (CAAA), as promulgated by EPA on November 24, 1993 ( 58 FR 62188) in 40 CFR Part 51, Subpart T, and as amended August 7, 1995 (60 FR 40098), and November 14, 1995 (60 FR 57179). The transportation conformity rule requires Federal and State agencies to determine, prior to taking any action on transp ortation plans, programs, and projects, that such action will conform to a State Implementa tion Plan (SIP) to maintain the National Ambient Air Quality Standards (NAAQS). The transportation conformity regulation (40 CFR 93.102) applies only to areas that are de signated nonattainment or maintenance for any of the following criteria pollutants: ozone, carbon monoxide, particulate matter, nitrogen dioxide, and precursor pollutants.

As part of the following 2003 SIP amendment, the Department incorporated into the SIP a new MOA to implement Section 176 of the CAAA, as amended (42 U.S.C. 7506), the related requirements of 23 U.S.C. 109(j), and regulations under 40 CFR Part 93, Subpart A. The parties to this MOA are as follows: each of the Metropolitan Planning Organizations (MPO) (as described in Exhib it 1 of the MOA), the Department, SC DOT, Federal Highway Administrati on – South Carolina Division Office (FHWA), the Federal Transit Administration (FTA), the EPA Region 4 (EPA), and local publicly-owned transit agencies not represented by aforementioned MPOs. Exhibit 2 of th e MOA is the “South Carolina Criteria and Interage ncy Consultation Procedures for the Determination of the Conformity of Transportation Plans, Progr ams, and Projects,” which provides for interagency consultation, resolution of conf licts, and public consultation procedures. This revision to the air quality SIP was published in the South Carolina State Register on October 24, 2003.

On May 6, 2005, the EPA promulgated a final rule entitled, “Trans portation Conformity

Rule Amendments for the New PM 2.5 

### National Ambient Air Quality Standard: PM 2.5 

### Precursors” (70 FR 24280). This final rule specified the tran sportation-related PM 2.5 

### precursors and when they would apply in tr ansportation conformity determinations inRevision to the South Carolina Air Quality Implementation Plan Appendix A – Page 5 South Carolina Transportation Conformi ty SIP and Memorandum of Agreement October 1, 2015 

### PM 2.5 

### nonattainment and maintenance ar eas. On August 10, 2005, the “Safe, Accountable, Flexible, Efficient Transpor tation Equity Act: A Legacy for Users (SAFETEA-LU)” was signed into law. SAFE TEA-LU amended the CAAA by: changing the required frequency of transportation conf ormity determinations from three years to four years; providing two years to determin e conformity after new SIP motor vehicle emissions budgets are either found adequate , approved, or promulgated; adding a oneyear grace period before the consequences of a conformity lapse apply; providing for an option for reducing the time period addressed by conformity determinations; streamlining requirements for conformity SIPs; and provi ding procedures for areas to use in substituting or adding transportation control measures to approved SIPs. On January 24, 2008, the EPA again promulgated amendments to the Transportation Conformity Regulations to finalize provi sions that were published in May 2007 (73 FR 4420). These amendments were necessary to make the fi nal rule consistent with the CAA Section 176(c) as amended by SAFETEA-LU , including changes to the regulations to reflect that the CAA now provides more time for state a nd local governments to meet conformity requirements and streamlining other provisions. The Department again amended its SIP to address the requirements of the Transportation Conformity Rule Amendments for the

New PM 2.5 

### National Ambient Air Quality Standard: PM 2.5 

### Precursors and the SAFETEALU amendments, pursuant to Section 176(c) of the CAAA. These changes took effect upon publication in the South Carolina State Register on November 28, 2008. EPA approved the amended Transportation Conform ity SIP through a Direct Final Rule on July 28, 2009 (74 FR 37168).

In this present amendment, the Department has included changes and a reorganization that combines previous Exhibits 1 and 2 into a single MOA document with the legal recitals and signature pages. These ch anges updated signatories and added the Lowcountry Area Transportation St udy in the list of Metropo litan Planning Organizations (MPOs), reflecting population changes as part of the 2010 Census. Revisions were also made to the “Interagency Consultation Procedures for the Determination of the Conformity of Transportation Plans, Pr ograms and Projects,” to clarify the responsibilities of the MPO, correct grammar and punctuation, and recodify sections C, D and E for ease of reading. In addition, langua ge was added to specifically address the requirements of 40 CFR 93.122(a)(4)(ii) and 93.1 25(c), and a new “Gen eral Provisions”

Section F was added.

On November 28, 2014, the Department submitte d its pre-hearing draft of the MOA to EPA Region 4 for comments, simultaneously with the publication of a notice in the South Carolina State Register . The EPA had no comments on this document. A public hearing was scheduled for January 6, 2015, but no request for the hearing was received, and the hearing was canceled pursuant to 40 CFR 51.102. No comments, wri tten or oral, were received from the public. The Department ha s obtained authorized signatures from South Carolina’s MPOs and interagency partners, wh ich are included as pages 12 to 17 of the

MOA. This final Amendment to the SIP take s effect upon publicati on of this notice in

the South Carolina State Register on October 23, 2015.

# Appendix B Legal AuthorityRevision to the South Carolina Air Quality Implementation Plan Appendix B – Page 2 South Carolina Transportation Conformi ty SIP and Memorandum of Agreement October 1, 2015 

### This page intentionally left blankRevision to the South Carolina Air Quality Implementation Plan Appendix B – Page 3 South Carolina Transportation Conformi ty SIP and Memorandum of Agreement October 1, 2015 LEGAL AUTHORITY 1

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 S ubmittal 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 requireme nts 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 S ecs. 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, re gulations, 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 S ecs. 48-1-50(22), 48-1-270.

1 Section 2 of the EPA-approved South Carolina Air Qu ality Implementation Plan (SIP), which defines the State’s statutory powers as required in 40 CFR 51.230.Revision to the South Carolina Air Quality Implementation Plan Appendix B – Page 4 South Carolina Transportation Conformi ty SIP and Memorandum of Agreement October 1, 2015 Public Hearings

The South Carolina Pollution Control Act provides for notice and public hearings prior to action by the Board of Health and Environmental C ontrol concerning adoption of regulations and standards, adoption or modification of final comp liance dates, and other specified legal actions.

Additionally, Act 176 of 1977 enacted by the S outh Carolina General Assembly requires, among other things, that at least thirty days public no tice be given before adoption, amendment or repeal of any rule. It also requires that the substan ce 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 t ogether do impose the requirement of a thirty days notice of public hearing, assuring compliance with the requirements of 40 CFR 51.102, as

amended.