### Notice of General Public Inte rest, Published February 26, 2010, in the South Carolina State Register

Comments Received and ResponseNOTICES 11

South Carolina State Register Vol. 34, Issue 2 February 26, 2010 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

PUBLIC NOTICE

ATTAINMENT PLAN FOR THE RFATS MPO, S. C. 8-HOUR OZONE NAAQS NONATTAINMENT AREA CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq.

South Carolina Air Quality Implementation Plan:

The Department of Health and Envi ronmental Control (Department) propos es to amend the the South Carolina Air Quality Implementation Plan (SIP) in association with the Rock Hill Fort Mill Area Transportation Study (RFATS) Metropolitan Planning Organization (MPO) 8-hour ozone nonattainment area. Interested persons are invited to present their views in writing to Andrew O. Hollis; 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 hollisao@dhec.sc.gov . To be considered, comments must be received no later than 5:00 p.m. on March 29, 2010, the close of the drafting comment period. The Department is also providing the public with the opportunity to request a public hearing on the issue. As such, a public hearing h as been planned for April 5, 2010, at 10 a.m. in the Wallace Room (3141), 2600 Bull Street, Columbia, South Carolina. The public is invited to attend. However, pursuant to 40 CFR 51.102, if no request for a public hearing is received by the close of the comment period (March 29, 2010), the h earing will be cancelled. If a public hearing has been cancelled, the Department will notify the public at least one week prior to the scheduled hearing via the “Public Involvement” or “Scheduled Public Heari ngs” link on the Regulation Development webpage at http://www.scdhec.gov/environment/baq/regulatory.aspx . Interested parties are al so encouraged to contact Andrew Hollis at (803)-898-4196 for mo re information or to determine wh ether a public hearing has been cancelled. If no adverse comments and no request for a public hear ing have been received by the close of the comment period, the SIP revision is effective on the date of publication of this notice in the State Register

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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 standard, 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 fourthhighest daily maximum 8-hour average ozone concentrati ons measured at each monitor within an area. The 1- hour secondary standard was also replaced by an 8-hour secondary standard identical to the 8-hour primary standard.

Because of monitor readings in Nort h Carolina indicating violation of th e 1997 ozone 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-GastoniaRock Hill nonattainment area. As a result of this designation, the Department was required to amend the SIP, in accordance with the requirements of Title I, Part D - Plan Requirements for Nonatt ainment 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.).

On August 31, 2007, the Department submitted its required attainment plan for the RFATS MPO 8-hour ozone NAAQS nonattainment area.

On November 17, 2008, the EPA sent letters to North Carolina and South Carolina, explaining its intention to propose disapproval of the attainment demonstrations fo r the Charlotte-Gastonia-Rock Hill area for the 1997 8- hour ozone standard by January 9, 2009. Within these le tters, the EPA indicated this decision was based on its12 NOTICES

South Carolina State Register Vol. 34, Issue 2 February 26, 2010 belief that the area was unlikely to attain the 1997 ozone standard by June 15, 2010, or meet the requirements for a one-year extension of the attainment date. As a result, the Department withdrew its attainment demonstration on December 22, 2008, and committed to re -submit an amended attain ment demonstration by November 30, 2009. EPA then made a finding of failu re to submit State Implementation Plan revisions required for the 1997 8-hour ozone NAAQS to South Caro lina and North Carolina for the Charlotte-GastoniaRock Hill nonattainment area [ Federal Register notice published on May 8, 2009 (74 FR 21550)].

EPA presented as an option the resubmittal of the original attainment de monstration submitted in 2007 and then supplement this demonstration with additional information including the 2011 modeling and actual air quality data from 2009. The Department ch ose this option and we are now placi ng these documents on public notice.

In response to the Department’s deci sion, the EPA is requiring additional in formation to include: nitrogen oxide and volatile organic compound (VOC) motor ve hicle emissions budge ts (MVEB) (a NO X budget has already been submitted in the previous attainment demonstra tion), additional modeling showing 1997 ozone standard compliance in the 2011 ozone season, updates to the air quality data analysis which include the 2009 ambient data, a 2008 VOC MVEB for the Reasonable Further Pr ogress (RFP) appendix, and updated information on emissions and controls that may affect air quality during the 2010 ozone season. In conjunction with these additions the Department will also submit an update to the 2009 NO X MVEB.

These draft submittals and further information is available via the Department’s website at http://www.scdhec.gov/environment/baq/Metrolina-SC_Nonattainment/

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DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

PUBLIC NOTICE

In accordance with Section 44-7-200(C), Code of Laws of South Carolina, the public is hereby notified that a Certificate of Need application has been accepted for filing and publication February 26, 2010, for the following project(s). After the application is deemed complete, affected persons will be notified that the review cycle has begun. For further information, ple ase contact Mrs. Sarah “Sallie” C. Harrell, Division of Planning and Certification of Need, 2600 Bull St., Columbia, SC 29201 at (803) 545-4200.

Affecting Aiken County

Renovation for the replacement of the existing extremity Magnetic Resonance Imaging (MRI) unit with a 1.5 Tesla MRI unit Carolina Musculoskeletal Institute, P.A. Aiken, South Carolina Project Cost: $1,195,200

Affecting Beaufort County

Construction of a psychiatric hospital to in clude twenty-two (22) psychiatric beds Beacon Harbor Geriatric Psychiatric Hospital Bluffton, South Carolina Project Cost: $9,079,397

Affecting Florence County

Construction of a new patient tower located between the Main Tower and the Pavilion Tower; upfit of the eighth (8 th ) floor of the Pavilion Tower to be used for inpatient rooms and support space; and renovation of the Main Tower. There will be no ch ange in the licensed bed capacity

### The Department had no response to the Unite d States Environmental Protection Agency’s letter dated March 17, 2010, since th e letter contained no comments.BOARD: Paul C. Aughcry, 111 Chairman

Edwin H. Cooper, UI Vice Choirman

Steven G. Kisner S-tary BOARD: Henry C. Scott

M. David Mitchell, MD

Glenn A. McCall

Coleman F. Budrhouse, MD C. Earl Hunter, Commissianer Promoting andpmtectiag the hedth of the public and the enuimnment



### April 27,2010

Mr. J. David Farren, Senior Attorney Southern Environmental Law Center 200 West Franklin Street, 

### Suite 330 Chapel 

### Hill, NC 275 16-2559

Re: 

### Response to the Supplement to the South Carolina %Hour Ozone Attainment Demonstration for the Charlotte-Gastonia 

### Rock Hill NC-SC (Metrolina) Nonattainment Area



### Dear 

### Mr. Farren:

Thank you for your comments. 

### In your March 29,2010, letter you stated South Carolina should focus on developing strategies for controlling emissions and ensuring attainment of the health-based 

### air quality standards. We agree. 

### The original attainment demonstration has been supplemented to demonstrate that the Metrolina 

### area is expected to attain the 1997 %-hour ozone standard with a oneyear extension of the attainment date. The South Carolina Department of Health and Environmental Control Bureau of 

### Air Quality (the Department) has worked, with guidance provided by the United States Environmental Protection Agency (EPA), to ensure that the attainment demonstration and supplement fulfill the requirements of the Clean Air Act.

We disagree with the Southern Environmental Law Center's position 

### that the law requires that the Metrolina area 

### be reclassified to a "Serious" nonattainment status. 

### No monitors in the Metrolina region exceeded the level of the 1997 8-hour ozone standard during the 2009 ozone season.

Focusing more of our limited state 

### resources on State Implementation Plan (SIP) redevelopment for the less stringent 1997 ozone standard, for which an approvable attainment demonstration was first submitted almost two years ago, would not produce meaningful results. 

### As EPA has determined that the 1997 ozone standard is obsolete and finalized a more stringent, protective ozone standard in 2008, and is on 

### track to further strengthen this standard in August 2010, focusing limited resources on developing control

measures to meet the more restrictive standard rather than on a process for the sake of process is a more prudent use of state 

### resources. We believe our efforts toward improving 

### air quality and protecting the health of South Carolinians are better 

### sewed by focusing on achieving the more protective current and future ozone standards.

Robert 

### J/ ~rown, 

## ~f., Director Division of Air Assessment, Innovations and Regulation SCDHEC Bureau of Air Quality

ec 

### Carol Kemker, Deputy Director, Air Pesticides, Toxics Management, Region 4 EPA Keith Overcash, Director, North Carolina 

### Department of Environment and 

### Natural Resources, 

### Division of Air 

### Quality 

### Myra Reece, Chief, BAQ, SCDHEC

SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 2600 Bull Street Columbia, SC 29201 Phone: (803) 898-3432 www.scdhecgov