# September 20 , 2011

Ms. Gwendolyn Keyes Fleming

Regional Administrator

United States Environmental Protection Agency, Region 4

Sam Nunn Federal Center

61 Forsyth Street, SW

Atlanta, Georgia 30303

- 8960

Re: South Carolina Air Quality Implementation Plan , Lead Infrastructure Certification

On October 15, 2008, the United States Environmental Protection Agency (“EPA”) issued

revised national ambient air quality standards (“NAAQS”) for lead (73 FR 66964, November 12,

2008). Sections 110(a)(1) and (2) of the Clean Air Act ( 42 U.S.C. § 7401 et seq .) (“CAA”)

require all states to submit plans to provide for the implementation, maintenance, and

enforcement of the NAAQS. Sections 110(a)(1) and (2) further require states to address basic

state implementation plan (“SIP”) requirements, including but not limited to the following

elements: emissions limits and other control measures, ambient air quality monitoring, a program

for the enforcement of control measures, adequate resources to implement the SIP, and public

n otification and government consultation. These elements are commonly called “infrastructure”

elements of the SIP. Section 110(a) requires states to submit SIPs within three (3) years after

promulgation of a new or revised standard, or October 15, 2011, in this case. On December 9,

2010, Governor Mark Sanford submitted a request to EPA Region 4 that the EPA designate the

entire State of South Carolina as “attainment” for the 2008 lead NAAQS.

On March 25, 2011, the Department of Health and Environmental Co ntrol (“Department”)

published a public notice in the South Carolina State Register notifying the public of the

proposed lead infrastructure SIP certification, and providing the public the opportunity to request

a public hearing on the proposed lead infras tructure SIP certification (Attachment C). The

Department did not receive comments or a request for a public hearing. Pursuant to 40 CFR

51.102, because there was no request for a public hearing, the Department did not hold a public

hearing on the proposed lead infrastructure SIP certification.

As outlined in Attachment A to this letter, the Department is certifying to the EPA that the

Department has addressed the “infrastructure” elements required by Section 110(a)(1) and (2) of

the CAA pertaining to the attainment of the 2008 lead NAAQS in South Carolina. We are

providing the SIP Submittal Completeness Criteria Checklist as Attachment B, and the

September 23, 2011, South Carolina State Register Notice of Final Amendment to the Air

Quality State Implement ation Plan as Attachment D.

# Ms. Fleming

September 20 , 2011

Page 2



# Because the EPA has not provided final guidance on infrastructure SIP certifications for the 2008

lead NAAQS, the Department is basing this lead infrastructure SIP certification on the most

recent final guidance on infrastruct ure SIP certifications, the guidance for the 2006 PM 2.5 

# (particulate matter smaller than 2.5 micrograms) NAAQS. 1 

# The Department is also basing this

lead infrastructure SIP certification on the EPA’s draft guidance for lead infrastructure SIP

certifications

. 2 

# The Department notes that the EPA could improve the SIP process by publishing

final guidance at the same time that it makes designations. With the certainty of knowing the

EPA’s evaluation criteria before rather than after submittal deadlines, states co uld more

efficiently and effectively craft SIP documents.

Though the Department followed the draft lead guidance in developing this lead infrastructure

SIP certification, the Department notes its concern with one required element. The EPA requires

state s to certify that the state has a prevention of significant deterioration (“PSD”) permitting

program in place “to ensure that the construction and modification of major stationary sources

does not cause or contribute to a violation of the Pb [lead] NAAQS.” 3 

# This is reasonable. The

EPA

, however

, expands this requirement for the lead certification to require states to certify that

the state’s PSD program addresses greenhouse gases (GHGs). South Carolina’s PSD program

addresses GHG permitting, and the EPA even cites South Carolina as an example in the draft

lead guidance: “[A] state may choose to follow the example of the letter request submitted by

South Carolina.” 4 

# The Department notes that including GHGs in lead SIPs is unnecessary and

inconsistent. Certific ation of GHG authority in a lead infrastructure SIP certification does not

affect GHG permitting, and the EPA is not requiring states to address other pollutants in the lead

SIP, only GHGs. The Department is including the requested statements only to enabl e timely

EPA approval. By including statements on GHGs, we are neither agreeing with the EPA that it is

appropriate to certify to GHG requirements in a lead infrastructure SIP certification, nor are we

agreeing that this is a reasonable precedent for other NAAQS pollutants.

The Department appreciates the assistance provided by you and your staff regarding the

formulation of this plan. Should you have any questions concerning South Carolina’s lead

infrastructure SIP certification, please contact Alan Hanco ck of my staff at (803) 898

- 4139 or

hancocam@dhec.sc.gov.

Sincerely,

Robert W. King, Jr., P.E.

Deputy Commissioner

Environmental Quality Control

1 

# William Harnett, Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24

- Hour Fine

Particle (PM 2.5 

# ) National Ambient Air Quality Standards, September 25, 2009

.

2 

# Scott Mathias, Guidance on SIP Elements Required Under Se ction 110(a)(1) and (2) for the 2008 Lead (Pb)

National Ambient Air Quality Standards (NAAQS), June 17, 2011

.

3 

# Id ., at 11.

4 

# Id ., at 12.

# Ms. Fleming

September 20 , 2011

Page 3



# ec: Scott Davis, Chief, Air Planning Branch, EPA Region 4

Steve Scofield, Acting Chief, Regulatory Developm ent Section, EPA Region 4

Zuri Farngalo, Regulatory Development Section, EPA Region 4

Myra Reece, Chief, Bureau of Air Quality, S.C. DHEC

Renee Shealy, Assistant Bureau Chief, Bureau of Air Quality, S.C. DHEC

Robert Brown, Director, Division of Air Asse ssment, Innovations, and Regulation, BAQ,

S.C. DHEC

Maeve Mason, Manager, Regulation and SIP Management Section, S.C. DHEC

Attachment A

- South Carolina Certification Clean Air Act Section 110(a)(1) and (2), Lead

Requirements

Attachment B

- SIP Submitt al Completeness Criteria Checklist

Attachment C

– South Carolina State Register Notice of General Public Interest, March 25, 2011

Attachment D

- South Carolina State Register Notice of Final Amendment to Air Quality State

Implementation Plan, September 23 , 2011

# Attachment A:

South Carolina Certification

Clean Air Act Section 110(a)(1) and (2)

Lead Requirements

Each of the basic or infrastructure requirement s is listed below, with the corresponding State

statute granting the Department the authority to implement each State Implementation Plan

(“SIP”) element.

Emission limits and other control measures: Section 110(a)(2)(A) of the Clean Air Act

(“CAA”) requires SIPs to include enforceable em ission limits and other control measures, means

or techniques, schedules for co mpliance and other related matters. South Carolina Air Pollution

Control Regulation 61-62.5, Standard No. 2, Ambient Air Quality Standards , establishes

emission limits for lead. Regulation 61-62.1, Definitions and General Requirements , addresses

required control measures, means, and techni ques. Section 48-1-50(23) of the 1976 South

Carolina Code of Laws, as amended, (“S.C. Code Ann.”) provides the Depa rtment of Health and

Environmental Control (“Department”) with th e authority to “Adopt emission and effluent

control regulations standards and limitations that are applicable to the entire State, that are

applicable only within specified areas or zones of the State, or that are applicable only when a

specified class of po llutant is present.”

Ambient air quality monitoring/data system: Section 110(a)(2)(B) of the CAA requires SIPs

to include provisions to provide for establishmen t and operation of ambien t air quality monitors,

collecting and analyzing ambient ai r quality data, and presentation of these data to the EPA upon

request. Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration , along with

the South Carolina Network Description and Ambient Air Network Monitoring Plan (the 2012

plan, submitted to EPA on July 18, 2011), will incor porate the final lead monitoring rule [75 FR

81126; December 27, 2010]), and provide for an am bient air quality monitoring system in the

State. S.C. Code Ann. § 48-1-50(14) provides the Department with the necessary authority to

“Collect and disseminate information on air and water control.”

Program for enforcement of control measures: Section 110(a)(2)(C) of the CAA requires

states to include a program that provides for enforcement of all SIP measures and the regulation

of construction of new or modified stationa ry sources to meet prevention of significant

deterioration (PSD) and nonattainment new sour ce review (NSR) requirements. Regulation 61-

62.5, Standard No. 7, Prevention of Significant Deterioration , and Regulation 61-62.5, Standard

7.1, Nonattainment New Source Review (NSR) , apply to the construc tion of any new major

stationary source or any project at an existing major stationary source. The draft lead guidance

notes that state PSD programs should address gr eenhouse gases (GHGs). As noted in the cover

letter for this submission, the Department is including the requested statements below only to

enable timely EPA approval. By including stat ements on GHGs, we are neither implying an

agreement with EPA that it is appropriate to ce rtify to GHG requirements in a lead SIP, nor are

we agreeing that this is a r easonable precedent for other NAAQS pollutants. The South Carolina

General Assembly passed a joint resolution, effective June 11, 2010, 1 

# that makes the provisions

of the EPA’s Tailoring Rule (75 FR 31514) effectiv e in South Carolina. Th is resolution provides

1 

# H. J. R. 4888, 118 th 

# Session (S.C. 2010)

Attachment A Page 1

South Carolina Air Quality Implemen tation Plan, Lead Certification

September 20, 2011

# South Carolina with the aut hority to implement the Tailoring Rule thresholds in the

Department’s PSD and Title V programs, and the Department is implementing its PSD and Title

V programs as modified by the Ta iloring Rule. On March 4, 2011, th e Department requested that

EPA remove from consideration that portion of South Carolina’s SIP fr om which EPA rescinded

its previous approval of the PSD program relating to the Tailoring Rule greenhouse gas

thresholds. S.C. Code Ann. § 48- 1-50(10) provides the Depart ment with the authority to

“Require to be submitted to it and consider for approval plans for disposal system or source or

any parts thereof and inspect the construction th ereof for compliance with the approved plans.”

Further, S.C. Code Ann. § 48-1-50(11) provide s the Department with the authority to

“Administer penalties as otherwis e provided herein for violations of this chapter, including any

order, permit, regula tion or standards.”

Interstate transport: Section 110(a)(2)(D) of the CAA re quires SIPs to include provisions

prohibiting any source or other type of emissions activity in one state from contributing

significantly to nonattainment of, or interferen ce with maintenance of, the NAAQS in another

state. Lead, however, unlike other crit eria pollutants such as ozone and PM 2.5 

# (particulate matter

with an aerodynamic diameter less than 2.5 microns), does not transport lo ng distances. The EPA

noted in the final rule entitled Air Quality Designations for th e 2008 Lead (Pb) National Ambient

Air Quality Standard :

EPA received comments on the proposed guidance suggesting that

violations of the Pb NAAQS were likely to occur in close

proximity to stationary sources of Pb. In response, EPA indicated

that it agreed that Pb emissions do not generally transport over

long distances (e.g., as compared to fine particulate matter)....

(75 FR, at 71037; November 22, 2010)

The draft lead guidance requests that states provide additional information on sources that lie

within two miles of a state border and emit more than 0.5 tons of lead per year. There are no

sources in South Carolina that lie within two miles of South Ca rolina’s borders with neighboring

states and emit more than 0.5 tons of lead. No existing sources anywhere in South Carolina emit

more than 0.5 tons of lead per year. One source under construction, Johnson Controls in

Florence, has the potential to emit more than 0.5 t on of lead per year, but it is not within two

miles of a border w ith a neighboring state.

Based on the EPA’s conclusion that lead does not trans port long distances, the first two so-called

“prongs” of the interstate transport element do not apply in this case. Regarding the third prong,

relating to PSD, the Department confirms that new major sources and major modifications in

South Carolina are subject to PSD. Regarding the fourth prong, related to visibility, the Draft

Guidance notes that the lead constituent of part iculate matter (PM) woul d likely not travel far

enough to affect Class I areas, and that the visi bility provisions of the CAA do not directly

regulate lead. The EPA thus does no t expect states to address visibility in lead infrastructure

submittals.

Adequate resources: Section 110(a)(2)(E) of the CAA requi res states to provide for adequate

personnel, funding and legal authority under state law to carry out SIP and related issues. The

Department is provided its legal authority to establish a SIP and implement related plans, in

Attachment A Page 2

South Carolina Air Quality Implemen tation Plan, Lead Certification

September 20, 2011

# general, under S.C. Code Ann. Section 48, Title 1. Specifically, S.C. Code Ann. § 48-1-50(12)

grants the Department the authority to “Accept, r eceive and administer gran ts or other funds or

gifts for the purpose of carrying out any of the purposes of this chapter; accept, receive and

receipt for Federal money given by the Federal g overnment under any Federal law to the State of

South Carolina for air or water control activities, surveys or pr ograms.” S.C. Code Ann. Section

48, Title 2, grants the Department authority to establish environmental protection funds.

Additionally, Regulation 61-30, Environmental Protection Fees , provides the Department with

the ability to assess fees for environmental perm itting programs. The Department implements the

SIP in accordance with the provisions on S.C. Co de Ann. § 1-23-40 and S.C. Code Ann. Section

48, Title 1.

Stationary source monitoring system: Section 110(a)(2)(F) of th e CAA requires states to

establish a system to monitor emissions from sta tionary sources and to submit periodic emissions

reports. Regulation 61-62.1, Definitions and General Requirements

, 2 

# provides for an emission

inventory plan that establishe s reporting requirements, and S.C. Code Ann. § 48-1-22 provides

the Department with the necessary authority to “Require the owne r of operator of any source or

disposal system to establish and maintain such operation al records; make reports; install, use

and maintain monitoring equipment or methods; sa mples and analyze emissions or discharges in

accordance with prescribed methods, at locations, intervals, and procedur es as the Department

shall prescribe; and provide such other informa tion as the Department reasonably may require.”

Emergency power: Section 110(a)(2)(G) of th e CAA requires states to provide for authority to

address activities causing imminent and substa ntial endangerment to public health, including

contingency plans to implement the emergency ep isode provisions in their SIPs. Regulation 61-

62.3, Air Pollution Episodes , requires that the Department provide for contingency measures

when an air pollution episode or an exceedance that ma y lead to substantial threat to the health or

persons in the state or region. S.C. Code Ann. § 48-1-290 grants the Department authority as

follows: “Whenever the Department finds that an emergency exists requir ing immediate action to

protect the public health or pr operty, the Department, with conc urrent notice to the Governor,

may without notice or hearing issue an order r eciting the existence of such an emergency and

requiring that such action be taken as the Depa rtment deems necessary to meet the emergency.

Such order shall be effective immediately. Any person to whom such order is directed shall

comply therewith immediately, but an applicati on to the Department or by direction of the

Governor shall be afforded a hearing within fort y-eight hours. On the basi s of such hearing the

Department shall continue such order in effect , revoke it or modify it. Regardless of whether a

hearing is held, the Department shall revoke a ll emergency orders as soon as conditions or

operations change to the extent that an emer gency no longer exists.” S.C. Code Ann. § 1-23-130

provides the Department with the authority to establish emergency regulations.

Future SIP revisions: Section 110(a)(2)(H) of the CAA require s states to have the authority to

revise their SIPs in response to changes in the NAAQS, availability of improved methods for

attaining the NAAQS, or in response to an EPA fi nding that the SIP is substantially inadequate.

2 

# On June 14, 2010, the Department submitted a SIP re vision to EPA for amendments to R. 61-62.1 that

incorporated the provisions of the rule known as the Air Emissions Reporting Requirements (AERR) (73 FR 76540,

December 17, 2008).

Attachment A Page 3

South Carolina Air Quality Implemen tation Plan, Lead Certification

September 20, 2011

# S.C. Code Ann. Section 48, Title 1, provides the Department the necessary authority to revise the

SIP to accommodate changes in the NAAQS.

Nonattainment areas: Section 110(a)(2)(I) of the CAA requires states to meet the requirements

of Part D of the CAA if the EP A designates part of the state as nonattainment. S.C. Code Ann.

Section 48, Title 1, provides the Department th e necessary authority to revise the SIP to

accommodate the requirements of Part D of the CAA. Extant SIPs meet this requirement,

through SIP submittals and subseque nt approval of those plans rede signating areas to attainment,

and updates to maintenance plans. Further, ther e are no nonattainment areas for lead in South

Carolina.

Consultation with government officials: Section 110(a)(2)(J) of th e CAA requires states to

provide a process for consultation with local governments and Federal Land Managers (“FLM”)

carrying out NAAQS implementation pursuant to Section 121 of the CAA relating to

consultation. Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration , as

well as provisions in separate implementation pl ans (such as the five-year review process under

the Regional Haze Implementation Plan, which al lows for consultation between appropriate

state, local, and tribal air po llution control agencies as well as the corresponding FLMs) provide

for continued consultation with government offi cials. Additionally, S.C. Code § 48-1-50(8)

provides the Department with the necessary authority to “Coopera te with the governments of the

United States or other states or State agencies or organizations, officials, or unofficial, in respect

to pollution control matters or for the formulation of intersta te pollution control compacts or

agreements.”

Public notification: Section 110(a)(2)(J) of the CAA further requires states to notify the public

if NAAQS are exceeded in an ar ea, and to enhance public awaren ess of measures that can be

taken to prevent exceedances. The Department has an outreach program to educate the public

and promote voluntary emission reduction measures. Further, Regulation 61-62.3, Air Pollution

Episodes

, requires that the Department notify the public of any air po llution episode or

exceedance. S.C. Code Ann. § 48-1-60 established that “Classification an d standards of quality

and purity of the environment [are] au thorized after notice and hearing.”

PSD and visibility protection: Section 110(a)(2)(J) of the CAA al so requires the state to meet

applicable requirements of Part C related to PSD and visibi lity protection. Regulation 61.62.5,

Standard No. 7, Prevention of Significant Deterioration , and the Regional Haze SIP address

visibility protection. Our discussion of visibi lity under prong 4 of S ection 110(a)(2)(D) also

applies to this section. Further, the draft lead guidance notes, “there are no new applicable

visibility protection obligations under section 110(a)(2)(J) as a result of the 2008 Pb NAAQS.” 3



# Air quality modeling/data: Section 110(a)(2)(K) of the CAA requires that SIPs provide for

performing air quality modeling so that effects on air quali ty of emissions from NAAQS

pollutants can be predicted and submission of su ch data to EPA can be made. Regulations 61-

62.5, Standards No. 2, Ambient Air Quality Standards , and Regulation 61-62.5, Standard No. 7,

Prevention of Significant Deterioration , (as adopted in the SIP) re quire that air modeling be

3 

# p. 23.

Attachment A Page 4

South Carolina Air Quality Implemen tation Plan, Lead Certification

September 20, 2011

# Attachment A Page 5

South Carolina Air Quality Implemen tation Plan, Lead Certification

September 20, 2011 

# conducted to determine permit applicability. This data is submitted to the EPA during the PSD

application and review process.

Permitting fees : Section 110(a)(2)(L) of the CAA requires SIPs to require each major stationary

source pay permitting fees to cover the costs of reviewing, approving, implementing, and

enforcing a permit. Pursuant to S.C. Code A nn. § 48-2-50 (1993), the Department shall charge

fees for environmental programs it administers purs uant to federal and st ate law and regulations.

Regulation 61-30, Environmental Protection Fees , prescribes fees applicable to applicants and

holders of permits, licenses, certif icates, certifications , and registrations, es tablishes procedures

for the payment of fees, provide s for the assessment of penaltie s for nonpayment, and establishes

an appeals process for refuting fees.

Consultation/participation by affected local entities: Section 110(a)(2)(M) of the CAA

requires states to provide for consultation and pa rticipation in SIP develo pment by local political

subdivisions affected by the SIP. Regulation 61-62.5, Standard No. 7, Prevention of Significant

Deterioration , (as adopted by the SIP) requires that the Department notify the public of the

application, preliminary determination, degree of incremental consumption, and the opportunity

for comment prior to making a final permitting d ecision. Likewise, S.C. Code Ann. § 48-1-50(8)

allows the Department to “Cooperate with the governments of the Un ited States or other states or

State agencies or organizations, officials, or uno fficial, in respect to pollution control matters or

for the formulation of interstate pollution cont rol compacts or agreements.” Other provisions

regarding public hearings and the regulation-development process are included in S.C. Code

Ann. Section 48, Title 1 in general, and S. C. Code Ann. § 1-23-40 (the Administrative

Procedures Act).Attachment B:SIP Submittal Completeness Criteria ChecklistSIP Submitted by: South CarolinaDate Submitted: September X, 2011Subject: Confirmation of 110(a)(2)(A)-(M) Lead Infrastructure Elements of South Carolina SIPSection110(a)elementElement/CAATextStatuteHowAddressedinSIP§110(a)(2)(A)Emissionslimitsandothercontrolmeasures“...includeenforceableemissionlimitationsandothercontrolmeasures,means,ortechniques(includingeconomicincentivessuchasfees,marketablepermits,andauctionsofemissionsrights),aswellasschedulesandtimetablesforcomplianceasmaybenecessaryorappropriatetomeettheapplicablerequirementsofthisAct.”PollutionControlAct,S.C.CodeAnn.§48‐1‐50(23)(etseq.)Regulation61‐62.5,StandardNo.2,AmbientAirQualityandGeneralRequirements(InitialEPAapproval:12/28/78)Regulation61‐62.1,DefinitionsandGeneralRequirements(InitialEPAapproval:5/31/72)Regulation61‐30,EnvironmentalProtectionFees(PromulgatedJune23,1995)§110(a)(2)(B)Ambientairqualitymonitoring/datasystem“...provideforestablishmentandoperationofappropriatedevices,methods,systems,andproceduresnecessarytomonitor,compile,andanalyzedataonambientairquality,anduponrequest,makesuchdataavailabletotheAdministrator”S.C.CodeAnn.§48‐1‐50(14)(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(InitialEPAapproval:2/10/82)TheSouthCarolinamonitoringnetwork(2012monitoringplansubmittedJuly18,2011)Attachment B Page 1Final Amendment to South Carolina Air Quality Implementation Plan, Lead CertificationSeptember 20, 2011Section110(a)Element/CAATextStatuteHowAddressedinSIPelement§110(a)(2)(C)Programforenforcementandcontrolmeasures“...includeaprogramtoprovidefortheenforcementofthemeasuresdescribedinsubparagraph(A)andregulationofthemodificationandconstructionofanystationarysourcewithintheareascoveredbytheplanasnecessarytoassurethatnationalambientairqualitystandardsareachieved,includingapermitprogramasrequiredinpartsCandD;”S.C.CodeAnn.§48‐1‐50(10)(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(InitialEPAapproval:2/10/82)Regulation61‐62.5,StandardNo.7.1,NonattainmentNewSourceReview(InitialEPAapproval:1/14/77)§110(a)(2)(D)Interstatetransport“containadequateprovisions—(i)prohibiting,consistentwiththeprovisionsofthistitle,anysourceorothertypeofemissionsactivitywithinthestatefromemittinganyairpollutantinamountswhichwill‐‐(I)contributesignificantlytononattainmentin,orinterferewithmaintenanceby,anyotherstatewithrespecttoanysuchnationalprimaryorsecondaryambientairqualitystandard,or(II)interferewithmeasuresrequiredtobeincludedintheapplicableimplementationplanforanyotherStateunderpartCtopreventsignificantdeteriorationofairqualityortoprotectvisibility,(ii)insuringcompliancewiththeapplicablerequirementsofsections126and115(relatingtointerstateandinternationalpollutionabatement);”S.C.CodeAnn.§48‐1‐10(etseq.)Lead,unlikeothercriteriapollutantssuchasozoneandPM2.5,doesnottransportlongdistances.(75FR,at71037;November22,2010).Thedraftleadguidancerequeststhatstatesprovideadditionalinformationonsourcesthatliewithintwomilesofastateborderandemitmorethan0.5tonsofleadperyear.TherearenosourcesinSouthCarolinathatliewithintwomilesofSouthCarolina’sborderswithneighboringstatesandemitmorethan0.5tonsoflead.Attachment B Page 2Final Amendment to South Carolina Air Quality Implementation Plan, Lead CertificationSeptember 20, 2011Section110(a)Element/CAATextStatuteHowAddressedinSIPelement§110(a)(2)(E)(i)Adequateresources“...provide(i)necessaryassurancesthatthestate(or,exceptwheretheAdministratordeemsinappropriate,thegeneralpurposelocalgovernmentorgovernments,oraregionalagencydesignatedbythestateorgeneralpurposelocalgovernmentsforsuchpurpose)willhaveadequatepersonnel,funding,andauthorityunderstate(and,asappropriate,local)lawtocarryoutsuchimplementationplan(andisnotprohibitedbyanyprovisionoffederalorstatelawfromcarryingoutsuchimplementationplanorportionthereof);”S.C.CodeAnn.§48‐1‐50(12)(etseq.)EnvironmentalProtectionFundActof1993,S.C.CodeAnn.§48‐1‐50(etseq.)§110(a)(2)(E)(ii)“(ii)requirementsthatthestatecomplywiththerequirementsrespectingstateboardsundersection128,and”S.C.CodeAnn.§48‐1‐10(etseq.)§110(a)(2)(E)(iii)“(iii)necessaryassurancesthat,wherethestatehasreliedonalocalorregionalgovernment,agency,orinstrumentalityfortheimplementationofanyplanprovision,thestatehasresponsibilityforensuringadequateimplementationofsuchplanprovision;”S.C.CodeAnn.§48‐1‐10(etseq.)Theseelements,110(a)(2)(E)(i‐iii),aremetwhenEPAdoesacompletenessdeterminationforeachSIPsubmittal.Eachsubmittalprovidesforadequatepersonnel,funding,andlegalauthorityunderstatelawtocarryouttheirSIPsandrelatedissues.ThisinformationisunderstoodandcontainedinallprehearingandfinalSIPsubmittalpackagesinthehistoricalrecordoftherule.SCdoesnothaveanylocalagenciesthattheserequirementswouldaffect.Regulation61‐30,EnvironmentalProtectionFees(PromulgatedJune23,1995)Attachment B Page 3Final Amendment to South Carolina Air Quality Implementation Plan, Lead CertificationSeptember 20, 2011Section110(a)Element/CAATextStatuteHowAddressedinSIPelement§110(a)(2)(F)Stationarysourcemonitoringsystem“...require,asmaybeprescribedbytheAdministrator—(i)theinstallation,maintenance,andreplacementofequipment,andtheimplementationofothernecessarystepsbyownersoroperatorsofstationarysourcestomonitoremissionsfromsuchsources,(ii)periodicreportsonthenatureandamountsofemissionsandemissions‐relateddatafromsuchsources,and(iii)correlationofsuchreportsbythestateagencywithanyemissionlimitationsorstandardsestablishedpursuanttothisAct,whichreportsshallbeavailableatreasonabletimesforpublicinspection;“S.C.CodeAnn.§48‐1‐50(22)(etseq.)Regulation61‐62.1,DefinitionsandGeneralRequirements(InitialEPAapproval:5/31/72)OnJune14,2010,theDepartmentsubmittedaSIPrevisiontoEPAforamendmentstoR.61‐62.1thatincorporatedtheprovisionsoftheruleknownastheAirEmissionsReportingRequirements(AERR)(73FR76540,December17,2008).§110(a)(2)(G)Emergencypower“...provideforauthoritycomparabletothatinsection303andadequatecontingencyplanstoimplementsuchauthority;”S.C.CodeAnn.§48‐1‐290(etseq.)AdministrativeProceduresAct,S.C.CodeAnn.§1‐23‐130(etseq.)Regulation61‐62.3,AirPollutionEpisodes(InitialEPAapproval:5/31/72)Attachment B Page 4Final Amendment to South Carolina Air Quality Implementation Plan, Lead CertificationSeptember 20, 2011Section110(a)Element/CAATextStatuteHowAddressedinSIPelement§110(a)(2)(H)FutureSIPrevisions“...provideforrevisionofsuchplan—(i)fromtimetotimeasmaybenecessarytotakeaccountofrevisionsofsuchnationalprimaryorsecondaryambientairqualitystandardortheavailabilityofimprovedormoreexpeditiousmethodsofattainingsuchstandard,and(iii)exceptasprovidedinparagraph(3)(C),whenevertheAdministratorfindsonthebasisofinformationavailabletotheAdministratorthattheplanissubstantiallyinadequatetoattainthenationalambientairqualitystandardwhichitimplements,ortootherwisecomplywithanyadditionalrequirementsestablishedunderthisAct;”S.C.CodeAnn.§48‐1‐10(etseq.)ThisinformationtypicallycomesinthecoverletterisofeachSIPsubmissionandisverifiedunderthecompletenesscriteriaforSIPsubmittals.§110(a)(2)(I)Nonattainment“...inthecaseofaplanorplanrevisionforanareadesignatedasanonattainmentarea,meettheapplicablerequirementsofpartD(relatingtononattainmentareas);”S.C.CodeAnn.§48‐1‐10(etseq.)ExtantSIPsmeetthisrequirement,through(1)theSIPsubmittalsandsubsequentapprovalofthoseplansredesignatingareastoattainment,and(2)updatestomaintenanceplans.TherehavebeennopreviousnonattainmentareasforleadinSouthCarolina.§110(a)(2)(J)(§121consultation)Consultationwithgovernmentofficials“...meettheapplicablerequirementsofsection121(relatingtoconsultation),”S.C.CodeAnn.§48‐1‐50(8)(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(InitialEPAapproval:2/10/82)§110(a)(2)(J)(Section127publicnotification)Publicnotification“...meettheapplicablerequirementsofsection127ofthistitle,”S.C.CodeAnn.§48‐1‐60(etseq.)Regulation61‐62.3,AirPollutionEpisodes(InitialEPAapproval:5/31/72)§110(a)(2)(J)(PSD)PSDandvisibilityprotection“...meettheapplicablerequirementsof...partC(relatingtopreventionofsignificantdeteriorationofairqualityandvisibilityprotection);”S.C.CodeAnn.§48‐1‐10(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(EPAapproval:2/10/82)Attachment B Page 5Final Amendment to South Carolina Air Quality Implementation Plan, Lead CertificationSeptember 20, 2011Section110(a)Element/CAATextStatuteHowAddressedinSIPelement§110(a)(2)(K)Airqualitymodeling/data“...providefor:(i)theperformanceofsuchairqualitymodelingastheAdministratormayprescribeforthepurposeofpredictingtheeffectonambientairqualityofanyemissionsofanyairpollutantforwhichtheAdministratorhasestablishedanationalambientairqualitystandard,and(ii)thesubmission,uponrequest,ofdatarelatedtosuchairqualitymodelingtotheAdministrator;”S.C.CodeAnn.§48‐1‐10(etseq.)Regulation61‐62.5,StandardNo.2,AmbientAirQualityStandards(InitialEPAapproval:12/28/78)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(InitialEPAapproval:2/10/82)§110(a)(2)(L)Permittingfees“...requiretheowneroroperatorofeachmajorstationarysourcetopaytothepermittingauthority,asaconditionofanypermitrequiredunderthisAct,afeesufficienttocover—(i)thereasonablecostsofreviewingandactinguponanyapplicationforsuchapermit,and(ii)iftheowneroroperatorreceivesapermitforsuchsource,thereasonablecostsofimplementingandenforcingthetermsandconditionsofanysuchpermit(notincludinganycourtcostsorothercostsassociatedwithanyenforcementaction),untilsuchfeerequirementissupersededwithrespecttosuchsourcesbytheAdministrator'sapprovalofafeeprogramundertitleV;”S.C.CodeAnn.§48‐2‐50(etseq.)StateonlyRegulation61‐30,EnvironmentalProtectionFees(PromulgatedJune23,1995)§110(a)(2)(M)Consultation/participationbyaffectedlocalentities“...provideforconsultationandparticipationbylocalpoliticalsubdivisionsaffectedbytheplan.”S.C.CodeAnn.§48‐1‐50(8)(etseq.)S.C.CodeAnn.§1‐23‐40(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(EPAapproval:2/10/82)Attachment B Page 6Final Amendment to South Carolina Air Quality Implementation Plan, Lead CertificationSeptember 20, 2011Attachment B Page 7Final Amendment to South Carolina Air Quality Implementation Plan, Lead CertificationSeptember 20, 2011Section110(a)elementElement/CAATextStatuteHowAddressedinSIP§§110(a)(2)(C)&110(a)(2)(J)§110(a)(2)(J)“meettheapplicablerequirementsof...partC(relatingtopreventionofsignificantdeteriorationofairqualityandvisibilityprotection);”§110(a)(2)(C)...“regulationofthemodificationandconstructionofanystationarysourcewithintheareascoveredbytheplanasnecessarytoassurethatnationalambientairqualitystandardsareachieved,includingapermitprogramasrequiredinpartsCandD;”S.C.CodeAnn.§48‐1‐10(etseq.)Regulation61‐62.5,StandardNo.7,PreventionofSignificantDeterioration(InitialEPAapproval:2/10/82)Regulation61‐62.3,AirPollutionEpisodes(InitialEPAapproval:5/31/72)

# 12 NOTICES

South Carolina State Register Vol. 35, Issue 3

March 25, 2011 

# DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

NOTICE OF GENERAL PUBLIC INTEREST

Statutory Authority: S.C. Code Sections 48-1-10 et seq.

The South Carolina Department of Health and Environmental Control (Department) is publishing this Notice of

General Public Interest to provide interested persons the opportunity to comment on the Department’s response

to meet obligations to the U.S. Environmental Protec tion Agency (EPA) for the National Ambient Air Quality

Standards (NAAQS) for Lead. The Department proposes to address the requirements under sections 110(a)(1)

and (2) of the Clean Air Act (CAA) for State Implemen tation Plans (SIP). These requirements assure attainment

and maintenance of the NAAQS. To be considered, the De partment must receive comments by 5:00 p.m. on

April 25, 2011, the close of the comment period.

The Department is also providing the public with th e opportunity to request a public hearing on the issue. If

requested, the Department will hold a public hearing on Monday, May 9, 2011, at 2:00 p.m., in the Wallace

Room of the Sims Building, 2600 Bull Street, Columbia , South Carolina. The Department invites the public to

attend. However, pursuant to 40 CFR 51.102, if the Depa rtment does not receive a request for a public hearing

by the close of the comment period, 5:00 p.m. on Apr il 25, 2011, the Department will cancel the public hearing.

If the Department cancels the public hearing, then the De partment will notify the public at least one week prior

to the scheduled hearing via the Scheduled Public Hearings webpage:

http://www.scdhec.gov/environment/baq/Regul ation-SIPManagement/public_hearings.asp

.

Interested persons may also contact Alan Hancock, Re gulation and SIP Management Section, Bureau of Air

Quality, 2600 Bull Street, Columbia, SC 29201, or via phone at (803) 898-4139 or email at

hancocam@dhec.sc.gov for more information, or to find out if the Department will hold the public hearing.

Synopsis:

On November 12, 2008, the EPA pub lished a revised NAAQS for Lead (73 FR 66964). The EPA lowered the

primary and secondary standards to 0. 15 micrograms per cubic meter (μg/m 3 

# ). Sections 110(a)(1) and (2) of the

CAA require all states to submit plans to provide for the implementation, maintenance, and enforcement of new

or revised standards. Sections 110(a)(1) and (2) furt her require states to address basic SIP requirements,

including but not limited to the following elements: emis sions limits and other control measures, ambient air

quality monitoring, a program for the enforcement of control measures, adequate resources to implement the

SIP, and public notification and governme nt consultation. Section 110(a) requi res states to submit SIPs within

three (3) years after promulgation of a new or revised standard, or October 15, 2011, in this case.

On December 9, 2010, Governor Mark Sanford submitted a request to the EPA that it designate the entire state

of South Carolina as “attainment” for the aforementione d Lead NAAQS. The Department is proposing to certify

that it has addressed the aforementioned “infrastructure” elements pertaining to the Lead attainment areas in

South Carolina. Pending any comments r eceived, the Department will submit this certification to the EPA. This

certification will specify how the Department complies with the aforementioned SIP elements for the Lead

NAAQS.

# DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

NOTICE OF FINAL AMENDMENT TO AIR QUALITY STATE IMPLEMENTATION

PLAN

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

Pursuant to Section 110(a)(1) and (2) of the Clean Air Act (CAA), the South Carolina Department

of Health and Environmental Control (Department) has revised the State Implementation Plan

(SIP), by formally certifying to the U.S. Environmental Protection Agency (EPA) that it has met

the obligations for the 2008 National Ambient Ai r Quality Standards (NAAQS) for lead. This

lead infrastructure SIP certification serves to assure attainment and maintenance of the NAAQS.

Interested persons may contact Alan Hancock, Regulation and SIP Management Section, Bureau

of Air Quality, 2600 Bull Street, Columbia, SC 2920 1, or by phone at (803) 898-4139 or email at

hancocam@dhec.sc.gov for more information.

Synopsis:

On October 15, 2008, the EPA issued a revised NAAQS for lead (73 FR 66964, November 12,

2008). The EPA lowered the primary and secondary standards to 0.15 micrograms per cubic

meter (μg/m 3 

# ). Sections 110(a)(1) and (2) of the CAA require all states to submit plans to provide

for the implementation, maintenance, and enfor cement of new or revised standards. Sections

110(a)(1) and (2) further require states to addr ess basic SIP requirements, including but not

limited to the following elements: emissions li mits and other control measures, ambient air

quality monitoring, a program for the enforcement of control measures, adequate resources to

implement the SIP, and public notification and go vernment consultation. S ection 110(a) requires

states to submit SIPs within three (3) years after promulgation of a new or revised standard, by

October 15, 2011, in this case.

On December 9, 2010, Governor Mark Sanford s ubmitted a request to the EPA that it designate

the entire state of South Carolina as “attainment” for the 2008 lead NAAQS. On March 25, 2011,

the Department published a Notice of General Public Interest in the South Carolina State Register

that provided public notice of the Department’s proposal to certify that it had addressed the

required SIP elements for lead attainment area s in South Carolina. On the same day, the

Department submitted a prehearing package to EPA Region 4 for review. The aforementioned

notice announced a 30-day comment period and a public hearing for the proposed lead

infrastructure SIP certification. The Department did not receive comments or a request for a

public hearing. Pursuant to 40 CFR 51.102, becau se there was no request for a public hearing, the

Department did not hold a public hearing.

The Department is certifying to the EPA that it has addressed the SIP elements pertaining to the

lead attainment areas in South Carolina. This lead infrastructure SIP certification specifies how

the Department complies with the each SIP element for the 2008 lead NAAQS. This final

amendment to the SIP takes effect upon publica tion of this Notice in the South Carolina State

Register on September 23, 2011. The Department w ill submit a Notice of Final SIP Amendment

to the EPA.