## ATTACHMENT 1

Notice of Intent to Amend Air Quality State Impleme ntation Plan:

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

Notice of Intent to Amend Air Quality State Impleme ntation Plan and Notice of Public Hearing:

Published May 25, 2007, in the South Carolina State RegisterNOTICES 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 know n as the State Implementation Plan, or SIP. Intere sted persons are invited to present their views in writi ng to Dennis Camit; Division of Air Planning, Devel opment and Outreach; Bureau of Air Quality; 2600 Bull Stre et; Columbia, SC 29201. Comments may also be submitted via email to camitdr@dhec.sc.gov . To be considered, comments must be received no l ater 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 o f available scientific evidence linking exposures t o 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 eac h monitor within an area. The 1-hour secondary standard was also replaced by an 8-hour secondary standa rd identical to the new primary standard. On April 30 , 2004, (69 FR 23858), the EPA designated and class ified a portion of York County, South Carolina as a moderat e nonattainment area for the 8-hour ozone NAAQS as part of the Charlotte-Gastonia-Rock Hill nonattainment a rea. 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 Su bpart 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 theSouth Carolina Air Quality Implementation Plan:

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

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

Notice of Public Hearing and Opportunity for PublicComment:

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

**from interested persons on the proposed 8-hour ozon e NAAQS attainment demonstration**  **SIP for the South Carolina RFATS MPO moderate nonat tainment area.** 

**Interested persons are also provided an opportunit y to submit written comments to**  **Stacey Gardner at the South Carolina Department of Health and Environmental Control,**  **Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. Comments may also be**  **submitted via email to gardnesr@dhec.sc.gov**  **. To be considered, comments must be received no later than 5:00 p.m. on June 25, 2007.** 

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

**.**

## ATTACHMENT 2

Notice Extending the Public Comment Period:

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

**South Carolina Department of Health and Environment al Control** 

**Bureau of Air Quality 2600 Bull Street**  **Columbia, SC 29201 (803) 898-4123** 

**The South Carolina Department of Health and Environ mental Control (SCDHEC) previously**  **published a notice requesting comments to its propo sed 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 2 5, 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 nonat tainment area.** 

**In a** Federal Register

**(FR) notice published on July 18, 1997 (62 FR 3885 6), the United States**  **Environmental Protection Agency (EPA) promulgated a mendments 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 healt h 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 s econdary 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 n onattainment area for the 8-hour ozone**  **NAAQS as part of the Charlotte-Gastonia-Rock Hill n onattainment 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 to**  **gether to perform the appropriate modeling analyses to identify control measures that will ena** **ble the area to achieve attainment as expeditiously as practicable. Each State is respon**  **sible for its portion of the control program and will be held accountable for controls identified fo**  **r 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 Environment al Control, Bureau of Air Quality, 2600 Bull**  **Street, Columbia, SC 29201; by calling (803) 898-42 87; 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 Gard**  **ner at the South Carolina Department of Health and Environmental Control, Bureau of Air Qua** **lity, 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. o n 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 CarolinaAir 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

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### 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 

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### Attainment

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### Plan for the 

### Rock Hill & 

### Fort Mill, South Carolina, &hour ozone

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### Name Telephone

### TelephoneBowater 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 3South Carolina Department of Health and Environment al Control’s

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

The Department had only one respondent who provide d comments on the proposed 8-hour ozone attainment demonstration for the Rock Hill-Fort Mil l Area Transportation Metropolitan Planning Organization during the initialcomment period from February 23, 2007, until March26, 2007. A notice of a subsequent30-day comment period and a notice of public heari ng were published in the South Carolina State Register

on May 25, 2007. No stakeholder comments were rec eived by the Department during the subsequent comment period or at the publ ic 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 2 3, 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 demonstra tion should not prohibit or stifle the growth of manufacturing operations in Yo rk County. Only a portion of the county lies in the nonattainment area, and none of the exi sting sources were determined to be subject to Reasonably Available Control Technology (RACT) provisions.

(2) “In March 2006, Bowater was issued a construction p ermit consistent with CAA Section 172(c)(5). At that time, the only option for Bowat er to obtain the NO
x emissions offsets required under CAA Section 182(f) was through the N orth Carolina emissions banking and trading program. The SIP must include provisio ns for sources in York County to continue full participation in the North Carolina p rogram, as allowed by CAA Section 182(j). Furthermore, Bowater would also recommend that DHEC evaluate establishing its own emissions banking and trading program for S outh Carolina under CAA Section 172(c)(6).”

Response: Per the discussion in Appendix M of the attainmen t demonstration document, the Department currently follows EPA’s procedures for d etermining emission offset credits (see South Carolina Air Pollution Control Regulation R. 61-62.5, Standard No. 7.1, Nonattainment New Source Review). The Department w ill continue to follow these provisions until such time that an interim policy a nd eventual State regulations providing for an emission offset trading program can be developed

. (3) “York County NO
xemissions are predominantly from mobile sources, w ith industrial sources currently contributing less than twenty per cent of the total NO
x emissions. In addition, the largest industrial NO
x emitter in York County ceased operations shortly after the non-attainment designation.”

Response: Much of the attainment demonstration discussion i s centered on the significant role of mobile source emissions of NO
xin contributing to the area’s nonattainment with the 8-hour ozone standard. Modeling and other measurem ents and projections, as provided in the SIP, focus primarily on mobile source data. Th e operations of industrial facilities potentially subject to Reasonably Available Control Technology (RACT) provisions were analyzed and were determined not to require RACT co ntrols due to economic infeasibility and other factors.(4) “York County VOC emissions are dominated by biogeni c 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 sh ortly after the non-attainment designation.”

Response: The Department concurs that VOC emissions origina te primarily from biogenic sources in York County, rendering the county a NOx- limited area.

(5) “The SIP provisions related to reasonable further p rogress required by CAA Section 172(c)(9), Section 182(b)(1), and Section 182(f) mu st be formulated with the knowledge that additional reductions in NO
x and VOC emissions from industrial sources are not practical, especially considering the relative perc entage of the total emissions from the industrial sector, and the existing control require ments 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 NO
xemissions 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 meas ures to reduce pollutants (such as the Clean Air Interstate Rule, adoption of Tier 2 vehic le 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 ozoneprecursor pollutants. The modeling indicates that these reductions will come about without the installation of additional controls on existing industries in York County, pro vided that those industries operate in compliance with the requirements of their respective permits.

The Department believes that it satisfactorily addr essed 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 d ocuments. 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 PlanLEGAL AUTHORITY 1

No plan for attaining a goal, the attainment of whi ch is dependent upon regulatory action, can be used with any degree of effectiveness unless the le gal framework is strong. Consequently, the Requirements for Preparation, Adoption, and Submitt al of Implementation Plans, 40 CFR 51, as amended, define the necessary statutory powers whic h must be immediately available to states to carry out the responsibility to the Clean Air Act.

40 CFR 51.230 sets forth six specific requirements for State authority. The South Carolina Pollution Control Act, Act 1157 of 1970, as amended , S. C. Code Sections 48-1-10 thru - 350 (1976), provides the State’s authority to respond t o these requirements. The Attorney General of the State of South Carolina has given an opinion as to the adequacy of South Carolina laws, as follows:

Legal Authority Required

40 CFR 51 Adequacy of S. C. Law S. C. Statutes Involved

(a) “Adopt emission standards and limitations and any other measures necessary for attainment and maintenance of national standards.” Adequate S. C. Code Secs. 48-1-20, 48-1-50(23)

(b) “Enforce applicable laws, regulations, & standards, and seek injunctive relief.” Adequate S. C. Code Sec. 48-1-50(1), (3), (4), (5), (11); Secs. 48-1- 120, 48-1-130, 48-1-210, 48-1-320, 48-1-330. (c) “Abate pollutant emissions on an emergency basis to prevent substantial endangerment to the health of persons, i.e., authority comparable to that available to the Administrator under section 305 of the Act.” Adequate S. C. Code Sec. 48-1-290.

(d) “Prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which directly or indirectly results or may result in emissions of any air pollutant at any location which will prevent the attainment or maintenance of a national standard.” Adequate S. C. Code Sec. 48-1-50(5), (10); Secs. 48-1-100, 48-1-110.

(e) “Obtain Information necessary to determine whether air pollution sources are in compliance with applicable laws, regulations, and standards, Including authority to require 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 Q uality Implementation Plan (SIP), which defines the State’s statutory powers as required in 40 CFR 51.230.Legal Authority Required 40 CFR 51 Adequacy of S. C. Law S. C. Statutes Involved

(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.