ATTACHMENT 1 

Notice of Intent to Amend Air Quality State Implementation Plan: 

Published February 23, 2007, in the South Carolina State Register 

Notice of Intent to Amend Air Quality State Implementation Plan and Notice 

of Public Hearing: 

Published May 25, 2007, in the South Carolina State Register 
NOTICES 16 

South Carolina State Register Vol. 31, Issue 2 

February 23, 2007 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

CHAPTER 61 

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

NOTICE OF PROPOSED AMENDMENT TO THE 

SOUTH CAROLINA AIR QUALITY IMPLEMENTATION PLAN 

ATTAINMENT PLAN FOR THE ROCK HILL, SC 

8-HOUR OZONE NAAQS NONATTAINMENT AREA 

South Carolina Air Quality Implementation Plan: 

 The Department of Health and Environmental Control (Department) proposes to amend the South 

Carolina Air Quality Implementation Plan, also known as the State Implementation Plan, or SIP. Interested 

persons are invited to present their views in writing to Dennis Camit; Division of Air Planning, Development 

and Outreach; Bureau of Air Quality; 2600 Bull Street; Columbia, SC 29201. Comments may also be 

submitted via email to camitdr@dhec.sc.gov. To be considered, comments must be received no later than 5:00 

p.m. on Monday, March 26, 2007, the close of the drafting comment period. 

Synopsis: 

 In a Federal Register (FR) notice published on July 18, 1997 (62 FR 38856), the United States 

Environmental Protection Agency (EPA) , promulgated amendments to the National Ambient Air Quality 

Standards (NAAQS) for ozone. Based on its review of available scientific evidence linking exposures to 

ambient ozone to adverse health and welfare effects at levels allowed by the 1-hour ozone standards, the EPA 

replaced the 1-hour primary standard with an 8-hour standard at a level of 0.08 ppm based on the 3-year 

average of the annual fourth-highest daily maximum 8-hour average ozone concentrations measured at each 

monitor within an area. The 1-hour secondary standard was also replaced by an 8-hour secondary standard 

identical to the new primary standard. On April 30, 2004, (69 FR 23858), the EPA designated and classified a 

portion of York County, South Carolina as a moderate nonattainment area for the 8-hour ozone NAAQS as part 

of the Charlotte-Gastonia-Rock Hill nonattainment area. As a result of this designation, the Department is 

required to amend the SIP in accordance with the requirements of Title I, Part D - Plan Requirements for 

Nonattainment Areas, Subpart 1, Section 172, and Subpart 2, Section 182 of the Clean Air Act (CAA). 
ATTACHMENT 1 

SOUTH CAROLINA 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

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

PROPOSED AMENDMENT TO THE 

SOUTH CAROLINA AIR QUALITY IMPLEMENTATION PLAN

ATTAINMENT PLAN FOR THE RFATS MPO, S. C. 

8-HOUR OZONE NAAQS NONATTAINMENT AREA 

Requirement to Amend the South Carolina Air Quality Implementation Plan: 

 In a Federal Register (FR) notice published on July 18, 1997 (62 FR 38856), the 

United States Environmental Protection Agency (EPA) promulgated amendments to the 

National Ambient Air Quality Standards (NAAQS) for ozone. Based on its review of 

available scientific evidence linking exposures to ambient ozone to adverse health and 

welfare effects at levels allowed by the 1-hour ozone standards, the EPA replaced the 1-

hour primary standard with an 8-hour standard at a level of 0.08 ppm based on the 3-year 

average of the annual fourth-highest daily maximum 8-hour average ozone 

concentrations measured at each monitor within an area. The 1-hour secondary standard 

was also replaced by an 8-hour secondary standard identical to the new primary standard. 

 On April 30, 2004 (69 FR 23858), the EPA designated and classified that portion of 

York County, South Carolina within the Rock Hill Fort Mill Area Transportation Study 

(RFATS) Metropolitan Planning Organization (MPO) as a moderate nonattainment area 

for the 8-hour ozone NAAQS as part of the Charlotte-Gastonia-Rock Hill nonattainment 

area. As a result of this designation, the South Carolina Department of Health and 

Environmental Control (Department) is required to amend the South Carolina Air Quality 

Implementation Plan, also known as the State Implementation Plan, or SIP, in accordance 

with the requirements of Title I, Part D - Plan Requirements for Nonattainment Areas, 

Subpart 1, Section 172, and Subpart 2, Section 182 of the Clean Air Act (CAA), as 

amended (42 U.S.C. 7401, et seq.). States involved in a multi-State ozone nonattainment 

area must work together to perform the appropriate modeling analyses to identify control 

measures that will enable the area to achieve attainment as expeditiously as practicable. 

Each State is responsible for its portion of the control program and will be held 

accountable for controls identified for implementation within its State boundaries. 

Notice of Public Hearing and Opportunity for Public Comment: 

 Interested members of the public are invited to provide comments on the proposed 

amendment to the South Carolina Air Quality Implementation Plan at a public hearing to 

be conducted by staff of the Department on June 25, 2007. The public hearing is to be 

held at 10:00 a.m. in room 2380 at the Department of Health and Environmental Control, 
2600 Bull Street, Columbia, SC. The purpose of the public hearing is to receive comments 

from interested persons on the proposed 8-hour ozone NAAQS attainment demonstration 

SIP for the South Carolina RFATS MPO moderate nonattainment area. 

 Interested persons are also provided an opportunity to submit written comments to 

Stacey Gardner at the South Carolina Department of Health and Environmental Control, 

Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. Comments may also be 

submitted via email to gardnesr@dhec.sc.gov. To be considered, comments must be 

received no later than 5:00 p.m. on June 25, 2007. 

 Copies of the proposed amendment to the SIP may be obtained by contacting 

Stacey Gardner at the South Carolina Department of Health and Environmental Control, 

Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201, or by calling (803) 898-

4287. Copies of the proposed amendment to the SIP will also be posted on the 

Department's Bureau of Air Quality web site at: http://www.scdhec.net/environment/baq/. 
ATTACHMENT 2 

Notice Extending the Public Comment Period: 

Published June 17, 2007 in The State, Post & Courier, and Greenville News 
PUBLIC NOTICE OF EXTENSION OF 30-DAY PUBLIC COMMENT PERIOD 

South Carolina Department of Health and Environmental Control 

Bureau of Air Quality 

2600 Bull Street 

Columbia, SC 29201 

(803) 898-4123 

The South Carolina Department of Health and Environmental Control (SCDHEC) previously 

published a notice requesting comments to its proposed amendment to the South Carolina Air 

Quality Implementation Plan (SIP) entitled “Attainment Plan for the Rock Hill-Fort Mill Area 

Transportation Study (RFATS) Metropolitan Planning Organization (MPO), South Carolina 8-

Hour Ozone NAAQS Nonattainment Area.” The purpose of this notice is to extend the 30-day 

comment period from its original end date of June 25, 2007, to July 8, 2007. This extension of 

the comment period is necessary to give interested members of the public a full opportunity to 

submit comments in reference to the proposed 8-hour ozone NAAQS attainment demonstration 

SIP for the South Carolina RFATS MPO moderate nonattainment area. 

In a Federal Register (FR) notice published on July 18, 1997 (62 FR 38856), the United States 

Environmental Protection Agency (EPA) promulgated amendments to the National Ambient Air 

Quality Standards (NAAQS) for ozone. Based on its review of available scientific evidence 

linking exposures to ambient ozone to adverse health and welfare effects at levels allowed by the 

1-hour ozone standards, the EPA replaced the 1-hour primary standard with an 8-hour standard at 

a level of 0.08 ppm based on the 3-year average of the annual fourth-highest daily maximum 8-

hour average ozone concentrations measured at each monitor within an area. The 1-hour 

secondary standard was also replaced by an 8-hour secondary standard identical to the new 

primary standard. 

On April 30, 2004 (69 FR 23858), the EPA designated and classified that portion of York County, 

South Carolina within the RFATS MPO as a moderate nonattainment area for the 8-hour ozone 

NAAQS as part of the Charlotte-Gastonia-Rock Hill nonattainment area. As a result of this 

designation, SCDHEC is required to amend the SIP in accordance with the requirements of Title I, 

Part D - Plan Requirements for Nonattainment Areas, Subpart 1, Section 172, and Subpart 2, 

Section 182 of the Clean Air Act (CAA), as amended (42 U.S.C. 7401, et seq.). States involved in 

a multi-State ozone nonattainment area must work together to perform the appropriate modeling 

analyses to identify control measures that will enable the area to achieve attainment as 

expeditiously as practicable. Each State is responsible for its portion of the control program and 

will be held accountable for controls identified for implementation within its State boundaries. 

Copies of the proposed amendment to the SIP may be obtained by contacting Stacey Gardner at the 

South Carolina Department of Health and Environmental Control, Bureau of Air Quality, 2600 Bull 

Street, Columbia, SC 29201; by calling (803) 898-4287; or by download from the Department's 

Bureau of Air Quality web site at: http://www.scdhec.net/environment/baq/. 

Written comments should be submitted to Stacey Gardner at the South Carolina Department of 

Health and Environmental Control, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. 

Comments may also be submitted via email to gardnesr@dhec.sc.gov. To be considered, 

comments must be received no later than 5:00 p.m. on July 8, 2007. 
ATTACHMENT 3 

Record of May 25, 2007, Public Hearing 

Copy of Public Hearing Sign-In Sheet 

Stakeholder Comment/Department Response Document
Official Record of Public Hearing 

Amendment to the South Carolina Air Quality Implementation Plan 

Rock Hill & Fort Mill, South Carolina, 8-Hour Ozone Attainment Plan 

June 25,2007 

Good morning, I am Stacey Gardner from the Bureau of Air Quality of the South 

Carolina Department of Health and Environmental Control (the Department), and I will 

be the facilitator for this public hearing. Let the record show that this forum was 

convened at the Department's offices at 10:OO a.m. on Monday, June 25, 2007. Public 

notice of this forum was published in the Notices section of the State Register on May 

25, 2007. Unless I hear an objection, a copy of this notice will be entered into the 

record as though it were read. 

Is there any objection? 

(NO objections offered.) 

The purpose of this forum is to answer questions, clarifL issues, and receive input from 

interested persons on the methods-by which South Carolina intends to revise its Air 

Quality Implementation Plan (also known as a State Implementation Plan, or SIP) in 

order to meet the requirements of the Clean Air Act, as amended (42 U.S.C. 7401, et 

seq.). Department staff shall consider any comments received today in formulating the 

final SIP document to be submitted to the United States Environmental Protection 

Agency (or the EPA) for approval and subsequently published as final in the Notices 

section of an upcoming edition of the State Register. 

The Department welcomes your input and assistance in perfecting the proposed SIP 

amendment. A copy of the proposed SIP amendment text, minus the supporting 

appendices, is available on the Department's website. Interested parties can also obtain 

a paper copy of any or all portions of the document upon request. 

Please submit any written comments to me for the record. 

(No comments submitted.) 

I will now present a brief summary and explanation of the proposed SIP amendment. 

Following this presentation, any member of the audience desiring to make comments 

will be given an opportunity to do so. If there are any questions after a presentation 

given either by me or another participant in this meeting, please direct those questions to 

me, and I will either respond or ask the appropriate person to respond. If no one is able 

to answer the question today, an answer will be provided at a later date. 
On February 8, 1979, the EPA promulgated the 0.12 parts per million (ppm) 1-hour 

ozone standard (as cited in Vol. 44 of the FR, starting on page 8202). On July 18, 1997, 

the EPA promulgated a revised ozone standard of 0.08 ppm, as measured over an 8-hour 

period (i.e., the "8-hour standard") (as cited in Vol. 62 of the FR, starting on page 

38856). Upon promulgation of a new or revised National Ambient Air Quality Standard 

(or NAAQS), the Clean Air Act requires the EPA to designate areas as attaining or not 

attaining that NAAQS. On April 30, 2004, the EPA announced and promulgated 

designations, classifications, and boundaries for every area in the United States with 

respect to the %-hour ozone NAAQS (as cited in Vol. 69 of the FR, starting on page 

23857). 

On April 30, 2004, the EPA designated and classified--as a moderate nonattainment area 

for the 8-hour ozone NAAQS--that portion of York County, South Carolina, within the 

Rock Hill-Fort Mill Area Transportation Study Metropolitan Planning Organization. 

This area serves as part of the Charlotte-Gastonia-Rock Hill, NC-SC (or "Metrolina") 

nonattainment area. As a result of this designation, the Department is required to amend 

the South Carolina SIP. States involved in a multi-State ozone nonattainment area must 

work together to perform the appropriate modeling analyses to identify control measures 

that will enable the area to achieve attainment as expeditiously as practicable. Each 

State is responsible for its portion of the control program and will be held accountable 

for controls identified for implementation within its State boundaries. 

The EPA established June 15, 2007, as the date by which States must submit their 

attainment plans (through SIP amendments) for moderate ozone nonattainment areas. 

South Carolina submitted its proposed attainment plan to the EPA on June 8, 2007, for 

parallel processing. The Department has since, however, been advised that our original 

submission must be processed as a prehearing package as opposed to a parallel 

processing package. On June 15, 2007, the Department sent a request to the EPA to 

change the mechanism for processing and to, per the EPA7s request, extend the public 

comment period until July 8, 2007. The Department also placed notice of the public 

comment period extension on its website and in three widely-circulated South Carolina 

newspapers. 

In formulating the proposed SIP amendment, the Department worked diligently with 

representatives of York County, the Rock Hill-Fort Mill Area Transportation Study 

Metropolitan Planning Organization, the South Carolina Department of Transportation, 

EPA Region 4, the South Carolina Division of the Office of Federal Highways, the 

Federal Transit Authority, the City of Rock Hill, VISTAS Regional Planning 

Organization, the North Carolina Division of Air Quality, and several other external 

stakeholders who provided comments on the Department's proposal to amend the SIP. 
At this time, I would like to provide an opportunity for other hearing attendants to 

comment on the proposed SIP amendment. 

(No comments offered.) 

Thank you. I would like to inform you that all comments provided today will be entered 

into the official record of this public hearing. Additionally, comments deemed 

significant by the Department may be used to modifL the SIP. The SIP, including any 

modifications made as a result of the stakeholder process, will be published in an 

upcoming edition of the South Carolina State Register, after which the Department will 

submit the amendment to the EPA for final approval. 

There being no further comments, this forum is adjourned. Thank you for your 

attendance and participation here today. 

I hereby attest that this document is an accurate record of the proceed.ings at this venue. 

Air Regulation Development Section 

Bureau of Air Quality 

SC Dept. of Health & Environmental Control 
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

PUBLIC HEARING 

Proposal to Amend the South Carolina Air Quality Implementation Plan 

Rock Hill & Fort Mill, South Carolina, 8-Hour Ozone Attainment Plan 

6, June 25,2007, Room 2380 

SimsIAycock Building, 2600 Bull Street A, . 

Columbia, SC \ ' 'L h* 

Syno~sis: The Department proposes to meet the requirements of the Clean Air Act, as amended (42 U.S.C. 7401, et seq.) by amending the 

SC Air Quality Implementation Plan to include an , Attainment , . _I 

.-. Plan for the Rock Hill & Fort Mill, South Carolina, &hour ozone 7 z-r.>, ' nonatfainment area. ;- . .. - J ,- IIIj., I+$ ,! . * .. I .,,$ *- ,. .Tc +!,&+ - )?. ,p *I L 

. .- #'- v .< i, ,.. J 

Name Telephone 
Telephone 
Bowater Incorporated 5300 Cureton Feny Road 

E Post Ofice Box 7 

Catawba, SC 29704 

803/981-8000 

COATED AND SPECIALlY PAPERS DIVISION www.bowater.com 

CERTIFIED MAIL 7002 241 0 0006 9361 9200 

March 23, 2007 

Mr. Dennis Camit 

Division of Air Planning, Development, and Outreach 

Bureau of Air Quality - SCDHEC 

2600 Bull Street 

Columbia, SC 29201 -1708 

Re: Comments regarding Proposed Amendments to the SIP 

Published in The South Carolina State Register on February 23, 2007 

Attainment Plan for the Rock Hill, SC 8-Hour Ozone NAAQS Non-attainment Area 

Dear Mr. Camit: 

Bowater Coated and Specialty Papers Division appreciates the opportunity to comment 

on' the proposed amendments to the South Carolina Air Quality Implementation Plan 

(SIP) for Rock Hill. 

Background 

EPA designated the eastern portion of York County as a moderate nonattainment area 

for the 8-hour ozone NAAQS as part of the Charlotte-Gastonia-Rock Hill non-attainment 

area. Prior to the April 2004 non-attainment designation, DHEC presented to EPA many 

facts which demonstrated York County has no influence on the non-attaining ozone 

monitors located within the Greater Charlotte Area. 

In March 2006, the North Carolina Department of Environment and Natural Resources 

conducted modeling to determine whether the region would meet the ozone standard by 

April 2009. As part of this modeling effort, it was confirmed that the emissions from the 

eastern portion of York County do not impact the non-attaining monitors in the Charlotte 

Metropolitan Statistical Area. 

General Comments 

With these facts as a backdrop, Bowater offers the following general comments for 

consideration while developing the amended SIP. 
Mr. Dennis Camit 

Comments regarding Proposed Amendments to the SIP 

March 23,2007 

.. h 

Page 2 

York County has lost hundreds of coveted mar~ufacturing jobs since the non-attainment 

designation in April 2004. Bowater believes it is critically important for the SIP to include 

allowances for future growth and expansion of manufacturing in York County as 

provided for in Clean Air Act (CAA) Section 172(c)(4). 

In March 2006, Bowater was issued a construction permit consistent with CAA Section 

172(c)(5). At that time, the only option for Bowater to obtain the NOx emissions offsets 

required under CAA Section 182(f) was through the North Carolina emissions banking 

and trading program. The SIP must include provisions for sources in York County to 

continue full participation in the North Carolina program, as allowed by CAA Section 

1 820'). Furthermore, Bowater would also recommend that DH EC evaluate establishing 

its own emissions banking and trading program for South Carolina under CAA Section 

1 72 (c) (6). 

York County NOx emissions are predominately from mobile sources, with industrial 

sources currently contributing less than twenty percent of the total NOx emissions. In 

addition, the largest industrial NOx emitter in York County ceased operations shortly 

after the non-attainment designation. 

York County VOC emissions are dominated by biogenic sources, with industrial sources 

currently contributing less than five percent of the total VOC emissions. Bowater 

operations comply with CAA Sections 11 1 and 112, which require emission controls that 

greatly reduce the VOC emissions from the facility. In addition, the largest industrial 

VOC emission source ceased operations shortly after the non-attainment designation. 

The SIP provisions related to reasonable further progress required by CAA Section 

172(c)(9), Section 182(b)(l), and Section 182(f) must be formulated with the knowledge 

that additional reductions in NOX and VOC emissions from industrial sources are not 

practical, especially considering the relative percentage of the total emissions from the 

industrial sector, and the existing control requirements from other sections of the CAA. 

Concluding Remarks 

Bowater would like to recognize the importance of the stakeholder process in beginning 

a task such as this and encourage DHEC to utilize the stakeholder process in their 

efforts to amend the SIP for Rock Hill. Bowater would very much like an opportunity to 

work with DHEC in this process, and will offer more specific comments during 

development of the proposed amendments to the SIP. 
Mr. Dennis Camit 

Comments regarding Proposed Amendments to the SIP 

March 23,2007 

Please feel free to contact me at (803) 981 -8009 for any comments or questions. 

Dale Herendeen 

Environmental Manager 

DLHljbt 

File 202.09 

Page 3 
South Carolina Department of Health and Environmental Control’s 

Responses to Written Comments Received from Bowater, Incorporated on March 23, 2007: 

 The Department had only one respondent who provided comments on the proposed 8-hour ozone 

attainment demonstration for the Rock Hill-Fort Mill Area Transportation Metropolitan Planning 

Organization during the initial comment period from February 23, 2007, until March 26, 2007. A notice 

of a subsequent 30-day comment period and a notice of public hearing were published in the South 

Carolina State Register on May 25, 2007. No stakeholder comments were received by the Department 

during the subsequent comment period or at the public hearing. The attainment demonstration requires 

South Carolina to amend its existing Air Quality State Implementation Plan (SIP). The following general 

comments were issued by Bowater, Inc., in a March 23, 2007, letter sent to the Department: 

(1) “York County has lost hundreds of coveted manufacturing jobs since the non-attainment 

designation in April 2004. Bowater believes it is critically important for the SIP to 

include allowances for future growth and expansion of manufacturing in York County as 

provided for in the Clean Air Act (CAA) Section 172(c)(4).” 

Response: The provisions of the 8-hour attainment demonstration should not prohibit or 

stifle the growth of manufacturing operations in York County. Only a portion of the county 

lies in the nonattainment area, and none of the existing sources were determined to be 

subject to Reasonably Available Control Technology (RACT) provisions. 

(2) “In March 2006, Bowater was issued a construction permit consistent with CAA Section 

172(c)(5). At that time, the only option for Bowater to obtain the NOx emissions offsets 

required under CAA Section 182(f) was through the North Carolina emissions banking 

and trading program. The SIP must include provisions for sources in York County to 

continue full participation in the North Carolina program, as allowed by CAA Section 

182(j). Furthermore, Bowater would also recommend that DHEC evaluate establishing 

its own emissions banking and trading program for South Carolina under CAA Section 

172(c)(6).” 

Response: Per the discussion in Appendix M of the attainment demonstration document, the 

Department currently follows EPA’s procedures for determining emission offset credits (see 

South Carolina Air Pollution Control Regulation R. 61-62.5, Standard No. 7.1, 

Nonattainment New Source Review). The Department will continue to follow these 

provisions until such time that an interim policy and eventual State regulations providing for 

an emission offset trading program can be developed. 

(3) “York County NOx emissions are predominantly from mobile sources, with industrial 

sources currently contributing less than twenty percent of the total NOx emissions. In 

addition, the largest industrial NOx emitter in York County ceased operations shortly 

after the non-attainment designation.” 

Response: Much of the attainment demonstration discussion is centered on the significant 

role of mobile source emissions of NOx

 in contributing to the area’s nonattainment with the 

8-hour ozone standard. Modeling and other measurements and projections, as provided in 

the SIP, focus primarily on mobile source data. The operations of industrial facilities 

potentially subject to Reasonably Available Control Technology (RACT) provisions were 

analyzed and were determined not to require RACT controls due to economic infeasibility 

and other factors. 
(4) “York County VOC emissions are dominated by biogenic sources, with industrial 

sources currently contributing less than five percent of the total VOC emissions. 

Bowater operations comply with CAA Sections 111 and 112, which require emission 

controls that greatly reduce the VOC emissions from the facility. In addition, the largest 

industrial VOC emission source ceased operations shortly after the non-attainment 

designation.” 

Response: The Department concurs that VOC emissions originate primarily from biogenic 

sources in York County, rendering the county a NOx-limited area. 

(5) “The SIP provisions related to reasonable further progress required by CAA Section 

172(c)(9), Section 182(b)(1), and Section 182(f) must be formulated with the knowledge 

that additional reductions in NOx and VOC emissions from industrial sources are not 

practical, especially considering the relative percentage of the total emissions from the 

industrial sector, and the existing control requirements from other sections of the CAA.” 

Response: The Department believes that, based on available monitoring data and modeling 

projections for the non-attainment area, the NOx emissions have already and will continue 

to decline, thanks in part to the area’s successful participation in the Early Action Compact 

process. Additional federal, state, and local measures to reduce pollutants (such as the 

Clean Air Interstate Rule, adoption of Tier 2 vehicle standards, use of lower sulfur fuels, the 

North Carolina Clean Smokestacks Act, etc.) that are currently being/will be implemented 

will contribute to a further decline in these ozone precursor pollutants. The modeling 

indicates that these reductions will come about without the installation of additional 

controls on existing industries in York County, provided that those industries operate in 

compliance with the requirements of their respective permits. 

The Department believes that it satisfactorily addressed Bowater’s noted concerns in the 

prehearing version of the 8-hour attainment demonstration SIP amendment. Bowater was 

provided with a copy of the prehearing submission documents. Bowater representatives 

attended the subsequent public hearing held on May 25, 2007, but provided no further input or 

comments during the meeting. 
ATTACHMENT 4 

South Carolina’s Legal Authority to Amend the State Air Quality 

Implementation Plan
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). 

 

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. 
Legal Authority Required 

40 CFR 51 

Adequacy 

of S. C. 

Law 

S. C. Statutes Involved 

(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.