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 PM2.5 National 

Ambient Air Quality Standard: PM2.5 Precursors and the SAFETEA-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. Revisions were also made to the “Interagency Consultation 

Procedures for the Determination of the Conformity 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 was added to specifically 

address the requirements of 40 CFR 93.122(a)(4)(ii) and 93.125(c), and a new “General 

Provisions” Section F was 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 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, written 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 publication in the South Carolina State Register on October 23, 2015. 
South Carolina Transportation Conformity 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 (BAQ), 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 Planning 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 Chief, 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 - Published on 

November 28, 2014, and South Carolina State Register “Notice of Final 

Amendment to Air Quality State Implementation Plan” – to be published on 

October 23, 2015. 

Appendix B: Copy of Legal Authority
Page 1 of 17

MEMORANDUM OF AGREEMENT 

THIS MEMORANDUM OF AGREEMENT, made as of the 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 ADMINISTRATION (“FHWA”), the FEDERAL 

TRANSIT ADMINISTRATION (“FTA”), and the following 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 Agreement (“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 respect 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 determinations to ensure that transportation 

plans, programs, and projects funded or approved under 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 CFR Parts 51 and 93) establishes the criteria and 

procedures for determining whether transportation plans, transportation 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, approved 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 conformity 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, 2012 (77 FR 14979), which restructures two sections of 

the transportation conformity rule so that existing requirements apply for any NAAQS, including 

new or revised NAAQS promulgated in the future.” EPA July 2012 Guidance for Transportation 

Conformity Implementation in Multi-Jurisdictional 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 and regulations intended to assure the conformity of 

activities to applicable implementation plans developed according to Part A, Section 110 and Part D of 

the CAA for the sections of the federal rule it covers (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 interagency 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 the plans, programs and projects are made, and (2) for 

the development and submittal of applicable implementation plan 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 “in order for EPA to approve the implementation plan 

revision submitted to EPA under this Subpart, the plan revisions 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 and transit statutes for the spending of federal 

highway or transit funds within the MPO boundaries and have the authority for planning, programming, 

and coordination of federal highway and transit investments, 

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

 The Parties shall cooperatively support and implement the interagency 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 ambient 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 projects 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 “South 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 South Carolina SIP required by Section 176 of the CAA, 

and will govern interagency consultation requirements for transportation 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 transportation plan and TIP must be obtained prior to a 

conformity determination and that such commitments must be fulfilled; and (3) 40 CFR 93.125(c), which 

stipulates that written commitments to mitigation measures must be obtained prior to a positive 

conformity determination and that project sponsors 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 implemented through appropriate procedures, resolutions, or 

other means, in order to comply with the requirements of all Federal and State laws and regulations 

relating to the determination of conformity and the development of applicable implementation plan 

revisions. This MOA defines and delineates the roles, 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 Carolina. 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 distribution 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 submitted to each of the Parties, including EPA Region 4, 

for inclusion in the SC Transportation Conformity 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 distinctly 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 defined 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 defined and known as the Lowcountry Area Transportation Study (LATS). 

South Carolina Criteria and Interagency Consultation Procedures for the Determination of the 

Conformity of Transportation Plans, Programs, and Projects 

 

 A. General Provisions

 Pursuant to 40 CFR 93.105, this document provides for interagency consultation (federal, state, and 

local), resolution of conflicts and public consultation 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 Control (DHEC), the South Carolina Department of 

Transportation (SCDOT), and local publicly-owned transit agencies, not associated with the MPOs, shall 

collectively undertake an interagency consultation process in accordance with the procedures outlined 

herein with regional representatives of the United States Environmental Protection Agency (EPA), the 

Federal Highway Administration (FHWA), and the 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 consultation, the affected agencies shall include: 

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

b. DHEC (South Carolina Department of Health 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 planning 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 publicly-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 transportation 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 fulfilling all applicable provisions of the consultative 

process and transportation conformity determinations. 

 4. The MPO shall notify each affected agency of all transportation planning activities for all 

federal and non-federal projects that are regionally significant and therefore need to be included in 

regional emissions analysis when estimating emissions 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 demonstrations, emissions inventories, and related 

activities. Transportation-related SIPs shall be prepared by DHEC with the assistance of the affected 

agencies. DHEC shall distribute documents to all affected agencies for review and comment. DHEC shall 

schedule public hearings to receive public comment on transportation-related SIPs. Comments and 

responses to comments shall be included in applicable SIP submittals to EPA. 

 6. For purposes of regular consultation, organizational 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 various 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 socioeconomic 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 policy input on motor vehicle emissions budgets; 

 vii. Ensuring and coordinating the performance of transportation modeling for the 

purposes of generating the TIP or projects, regional emissions analyses and documentation of timely 

implementation of TCMs needed for conformity assessments; 

 viii. Developing draft and final conformity determination documents for all transportation 

plans, programs, and projects; and, 

 ix. Developing and maintaining a written plan specifying the timeframes for the submittal 

of projects to be considered for inclusion in the transportation 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 vehicle emissions estimates and projections; and, 

vi. Choosing and evaluating transportation 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 findings of conformity, after consultation with other 

agencies; 

 ii. Providing guidance on conformity and the transportation planning process to agencies 

in interagency consultation; and, 

 iii. Reviewing, commenting on, and approving conformity determinations. 

 e. The EPA shall be responsible for: 

 i. Reviewing motor vehicle emissions budgets in submitted SIPs and finding them 

adequate or inadequate based on adequacy criteria and procedures; 

 ii. Providing guidance on conformity criteria 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 transportation plans, TIPs, and projects. 

 f. The local publicly-owned transit agencies, not associated with the MPOs, in nonattainment 

or maintenance areas shall be responsible for: 

 i. Supporting and conducting, as necessary, the transportation planning activities for 

public transportation service including transit operations; and, 

 ii. Providing the MPO with the information 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 materials, 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 documents shall be revised accordingly and submitted 

to the designated lead agency for 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 these 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-scheduled 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 applicable 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 maintained 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 interested 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 analysis, the MPO shall actively consult with the 

affected agencies to determine which minor arterials 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 extensions that offer an alternative to regional highway 
Page 8 of 17

travel as defined by 40 CFR 93) and which projects should 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 consultation with the affected agencies shall make a 

determination, as required by 40 CFR 93, whether past obstacles to implementation of TCMs that are 

behind the schedule established in the applicable implementation 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 for 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 other emission reduction measures; 

 e. The MPO and/or SCDOT, in consultation with the affected agencies, shall identify 

projects located at sites in PM10 and PM2.5 nonattainment and maintenance 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 delete 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 been developed and approved. 

 2. In accordance with Subsection B, an interagency 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 determinations 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 transportation activities that cross the borders of MPOs or 

nonattainment areas and define the respective 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 MPO 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 alternative 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 disclosed to the MPO on a regular basis (as defined by 

Subsection B.7.a.ix); and, 

ii. ensure that any changes to those plans are immediately disclosed. 

 b. The sponsor of any such regionally significant project, and any agency that becomes aware 

of any such project through applications for approval, permitting or funding or otherwise, shall disclose 

such project to the MPO in a timely manner (as defined by Subsection B.7.a.ix). Such disclosure shall be 

made not later than the first occasion on which 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 design 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) calendar days of acknowledgment of each project for which 

alternatives have been identified through the National 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 significant 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 conformity determination; and, 

 ii. Not to be consistent with the motor 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, shall cooperatively assume the location, design concept, 

and scope of projects that are disclosed to the MPO but whose sponsors have not yet decided these 
Page 10 of 17

features in sufficient detail to perform the regional emissions analysis according to the requirements of 40 

CFR 93. 

 6. Prior to making a conformity determination on a transportation plan or TIP, the MPO shall 

not include emission reduction credits from any control 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 appropriate agencies to implement and fulfill those control measures, as 

required by 40 CFR 93.122(a)(4)(ii). 

 7. The MPO, in accordance with Subsection B, shall notify DHEC, SCDOT, and local 

transportation agencies not associated with the MPOs, and shall seek their 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 determination on the transportation plan or TIP, the MPO shall 

ensure any project-level mitigation or control measures 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 determination, written commitments will be obtained before 

such mitigation or control measures are used in a project-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 93.101, 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 those project-level mitigation or control measures 

shall be fulfilled by the appropriate agencies. 

 10. Within fifteen (15) calendar days subsequent to approval and adoption of final documents, 

including transportation plans, TIPs, conformity approvals, applicable implementation plans and 

implementation plan revisions, the lead agency (that 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 between 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 affected agencies and MPO determine that 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 CFR 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 conflict cannot be resolved by the heads of the involved 

agencies. DHEC has fourteen (14) calendar days within 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 all comments on such proposed determination of conformity or policy 

decision. Such fourteen (14) day period shall commence when the MPO or SCDOT has confirmed receipt 
Page 11 of 17

by DHEC of the resolution of DHEC’s comments. If DHEC appeals to the Governor, the final conformity 

determination must have the concurrence of the Governor, 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 reasonable public access to technical and policy information 

considered by the Parties at the beginning of the public comment period and prior to taking formal action 

on a transportation plan or TIP conformity determination. The opportunity for public involvement 

provided under this Subsection shall include access to information, emissions data, analyses, models and 

modeling assumptions used to perform a conformity determination. Any charges imposed for public 

inspection and copying of conformity-related materials shall be consistent 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 addressed 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, TIP, 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 shall 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 party 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 MOA, 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 will 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 Follow 
Page 13 of 17
Page 14 of 17
Page 15 of 17
Page 16 of 17
Page 17 of 17

 

 

 

 

 
Appendix A

Public Notice 

South Carolina State Register 

November 28, 2014, 

and to be published 

October 23, 2015 
Revision to the South Carolina Air Quality Implementation Plan Appendix A – Page 2 

South Carolina Transportation Conformity SIP and Memorandum of Agreement 

October 1, 2015 
Revision to the South Carolina Air Quality Implementation Plan Appendix A – Page 3 

South Carolina Transportation Conformity SIP and Memorandum of Agreement 

October 1, 2015 
Revision to the South Carolina Air Quality Implementation Plan Appendix A – Page 4 

South Carolina Transportation Conformity SIP and Memorandum of Agreement 

October 1, 2015 

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

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

PUBLIC NOTICE 

NOTICE OF FINAL AMENDMENT 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 Agreement (MOA), negotiated between the 

Department and the South Carolina Department of Transportation (SC DOT), was 

published in the South Carolina State Register. The purpose of the MOA was to formally 

incorporate the applicable provisions of the transportation conformity review process in 

accordance with the requirements 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 transportation plans, programs, and projects, that 

such action will conform to a State Implementation 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 designated 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 Exhibit 1 of the MOA), the Department, SC DOT, 

Federal Highway Administration – 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 the MOA is the “South 

Carolina Criteria and Interagency Consultation Procedures for the Determination of the 

Conformity of Transportation Plans, Programs, and Projects,” which provides for 

interagency consultation, resolution of conflicts, 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, “Transportation Conformity 

Rule Amendments for the New PM2.5 National Ambient Air Quality Standard: PM2.5 

Precursors” (70 FR 24280). This final rule specified the transportation-related PM2.5 

precursors and when they would apply in transportation conformity determinations in 
Revision to the South Carolina Air Quality Implementation Plan Appendix A – Page 5 

South Carolina Transportation Conformity SIP and Memorandum of Agreement 

October 1, 2015 

PM2.5 nonattainment and maintenance areas. On August 10, 2005, the “Safe, 

Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users 

(SAFETEA-LU)” was signed into law. SAFETEA-LU amended the CAAA by: changing 

the required frequency of transportation conformity determinations from three years to 

four years; providing two years to determine 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 providing 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 provisions that were published in May 2007 (73 FR 4420). These 

amendments were necessary to make the final 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 and 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 PM2.5 National Ambient Air Quality Standard: PM2.5 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 Conformity 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 changes updated 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. Revisions were also 

made to the “Interagency Consultation Procedures for the Determination of the 

Conformity 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 was added to specifically address the 

requirements of 40 CFR 93.122(a)(4)(ii) and 93.125(c), and a new “General Provisions” 

Section F was 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 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, written 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 12 to 17 of the 

MOA. This final Amendment to the SIP takes effect upon publication of this notice in 

the South Carolina State Register on October 23, 2015. 
Appendix B

Legal Authority
Revision to the South Carolina Air Quality Implementation Plan Appendix B – Page 2 

South Carolina Transportation Conformity SIP and Memorandum of Agreement 

October 1, 2015

This page intentionally left blank
Revision to the South Carolina Air Quality Implementation Plan Appendix B – Page 3 

South Carolina Transportation Conformity SIP and Memorandum of Agreement 

October 1, 2015

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. 
Revision to the South Carolina Air Quality Implementation Plan Appendix B – Page 4 

South Carolina Transportation Conformity 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 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.