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 

notification 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 Control (“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 infrastructure 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 Implementation 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 infrastructure SIP certifications, the guidance for the 2006 PM2.5 

(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 could 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 

states 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. Certification 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 enable 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 Hancock 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 (PM2.5) National Ambient Air Quality Standards, September 25, 2009.

2 Scott Mathias, Guidance on SIP Elements Required Under Section 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 Development 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 Assessment, 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 Submittal 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 requirements 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 emission limits and other control measures, means 

or techniques, schedules for compliance 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 techniques. Section 48-1-50(23) of the 1976 South 

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

Environmental Control (“Department”) with the 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 pollutant is present.” 

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

to include provisions to provide for establishment and operation of ambient air quality monitors, 

collecting and analyzing ambient air 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 incorporate the final lead monitoring rule [75 FR 

81126; December 27, 2010]), and provide for an ambient 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 stationary sources to meet prevention of significant 

deterioration (PSD) and nonattainment new source 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 construction 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 greenhouse 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 statements on GHGs, we are neither implying an 

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

we agreeing that this is a reasonable 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) effective in South Carolina. This resolution provides 

 

1

 H. J. R. 4888, 118th Session (S.C. 2010) 

Attachment A Page 1 

South Carolina Air Quality Implementation Plan, Lead Certification 

September 20, 2011 
South Carolina with the authority 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 Tailoring Rule. On March 4, 2011, the Department requested that 

EPA remove from consideration that portion of South Carolina’s SIP from 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 Department 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 thereof for compliance with the approved plans.” 

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

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

order, permit, regulation or standards.” 

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

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

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

state. Lead, however, unlike other criteria pollutants such as ozone and PM2.5 (particulate matter 

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

noted in the final rule entitled Air Quality Designations for the 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 Carolina’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 ton of lead per year, but it is not within two 

miles of a border with a neighboring state.

Based on the EPA’s conclusion that lead does not transport 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 particulate matter (PM) would likely not travel far 

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

regulate lead. The EPA thus does not expect states to address visibility in lead infrastructure 

submittals. 

Adequate resources: Section 110(a)(2)(E) of the CAA requires 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 Implementation 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, receive and administer grants 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 government under any Federal law to the State of 

South Carolina for air or water control activities, surveys or programs.” 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 permitting programs. The Department implements the 

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

48, Title 1. 

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

establish a system to monitor emissions from stationary sources and to submit periodic emissions 

reports. Regulation 61-62.1, Definitions and General Requirements,

2

 provides for an emission 

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

the Department with the necessary authority to “Require the owner 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; samples and analyze emissions or discharges in 

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

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

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

address activities causing imminent and substantial endangerment to public health, including 

contingency plans to implement the emergency episode 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 may 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 requiring immediate action to 

protect the public health or property, the Department, with concurrent notice to the Governor, 

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

requiring that such action be taken as the Department 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 application to the Department or by direction of the 

Governor shall be afforded a hearing within forty-eight hours. On the basis 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 all emergency orders as soon as conditions or 

operations change to the extent that an emergency 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 requires 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 finding that the SIP is substantially inadequate. 

 

2

 On June 14, 2010, the Department submitted a SIP revision 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 Implementation 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 EPA designates part of the state as nonattainment. S.C. Code Ann. 

Section 48, Title 1, provides the Department the 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 subsequent approval of those plans redesignating areas to attainment, 

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

Carolina. 

Consultation with government officials: Section 110(a)(2)(J) of the 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 plans (such as the five-year review process under 

the Regional Haze Implementation Plan, which allows for consultation between appropriate 

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

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

provides the Department with the necessary authority to “Cooperate 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 interstate 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 area, and to enhance public awareness 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 pollution episode or 

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

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

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

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

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

visibility protection. Our discussion of visibility under prong 4 of Section 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 quality of emissions from NAAQS 

pollutants can be predicted and submission of such 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) require that air modeling be 

 

3

 p. 23. 

Attachment A Page 4 

South Carolina Air Quality Implementation Plan, Lead Certification 

September 20, 2011 
Attachment A Page 5 

South Carolina Air Quality Implementation 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 Ann. § 48-2-50 (1993), the Department shall charge 

fees for environmental programs it administers pursuant to federal and state law and regulations. 

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

holders of permits, licenses, certificates, certifications, and registrations, establishes procedures 

for the payment of fees, provides for the assessment of penalties 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 participation in SIP development 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 decision. Likewise, S.C. Code Ann. § 48-1-50(8) 

allows the Department to “Cooperate 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 interstate pollution control 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 Checklist 

SIP Submitted by: South Carolina 

Date Submitted: September X, 2011 Subject: Confirmation of 110(a)(2)(A)-(M) Lead Infrastructure Elements of South Carolina SIP 

Section 110(a)element Element/CAA Text Statute How Addressed in SIP§110(a)(2)(A)

Emissions limits and other

control measures

“...include enforceable emissionlimitations and other control measures,means, or techniques (includingeconomic incentives such as fees,

marketable permits, and auctions ofemissions rights), as well as schedules

and timetables for compliance as may benecessary or appropriate to meet theapplicable requirements of this Act.”

Pollution Control

Act, S.C. CodeAnn. § 48‐1‐

50(23) (et seq.)

Regulation 61‐62.5, Standard No. 2, Ambient Ai

Requirements (Initial EPA approval: 12/28/78)

Regulation 61‐62.1, Definitions and General Reqapproval: 5/31/72)

Regulation 61‐30, Environmental Protection Fee

23, 1995)

§110(a)(2)(B)

Ambient air qualitymonitoring/data system

“...provide for establishment and

operation of appropriate devices,

methods, systems, and procedures

necessary to monitor, compile, andanalyze data on ambient air quality, and

upon request, make such data available

to the Administrator”

S.C. Code Ann. §48‐1‐50(14) (et

seq.)

Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (Initial EPA approval: 2/10/82)

The South Carolina monitoring network (2012 m

submitted July 18, 2011)

Attachment B Final Amendment to South Carolina Air Quality Implementation Plan, Lead Certification September 20, 2011 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element

§110(a)(2)(C)

Program for enforcement and

control measures

“...include a program to provide for the

enforcement of the measures describedin subparagraph (A) and regulation of the

modification and construction of any

stationary source within the areas

covered by the plan as necessary to

assure that national ambient air quality

standards are achieved, including a

permit program as required in parts C

and D;”

S.C. Code Ann. §

48‐1‐50(10) (et

seq.)

Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (Initial EPA approval: 2/10/82)

Regulation 61‐62.5, Standard No. 7.1, Nonattain

Review (Initial EPA approval: 1/14/77)

§110(a)(2)(D)

Interstate transport

“contain adequate provisions—

(i) prohibiting, consistent with the

provisions of this title, any source or

other type of emissions activity withinthe state from emitting any air pollutantin amounts which will‐‐ 

(I) contribute significantly to

nonattainment in, or interfere with

maintenance by, any other state with

respect to any such national primary or

secondary ambient air quality standard,

or

(II) interfere with measures required

to be included in the applicable

implementation plan for any other Stateunder part C to prevent significant

deterioration of air quality or to protectvisibility,

(ii) insuring compliance with the

applicable requirements of sections 126

and 115 (relating to interstate andinternational pollution abatement);”

S.C. Code Ann. §48‐1‐10 (et seq.)

Lead, unlike other criteria pollutants such as oz

not transport long distances. (75 FR, at 71037; N

The draft lead guidance requests that states pro

information on sources that lie within two mile

emit more than 0.5 tons of lead per year. There 

South Carolina that lie within two miles of Sout

with neighboring states and emit more than 0.5 

Attachment B Final Amendment to South Carolina Air Quality Implementation Plan, Lead Certification September 20, 2011 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element

§110(a)(2)(E)(i)

Adequate resources

“...provide

(i) necessary assurances that the state

(or, except where the Administrator

deems inappropriate, the general

purpose local government orgovernments, or a regional agencydesignated by the state or generalpurpose local governments for suchpurpose) will have adequate personnel,

funding, and authority under state (and,as appropriate, local) law to carry out

such implementation plan (and is not

prohibited by any provision of federal or

state law from carrying out suchimplementation plan or portionthereof);”

S.C. Code Ann. §48‐1‐50(12) (et

seq.)EnvironmentalProtection FundAct of 1993, S.C.Code Ann. § 48‐1‐50 (et seq.)

§110(a)(2)(E)(ii)

“(ii) requirements that the state complywith the requirements respecting state

boards under section 128, and”

S.C. Code Ann. §48‐1‐10 (et seq.)

§110(a)(2)(E)(iii)

“(iii) necessary assurances that, wherethe state has relied on a local or regional

government, agency, or instrumentalityfor the implementation of any planprovision, the state has responsibility for

ensuring adequate implementation of

such plan provision;”

S.C. Code Ann. §48‐1‐10 (et seq.)

These elements, 110(a)(2)(E)(i‐iii), are met whe

completeness determination for each SIP submprovides for adequate personnel, funding, and 

state law to carry out their SIPs and related issu

understood and contained in all prehearing and 

packages in the historical record of the rule. SC 

local agencies that these requirements would a

Regulation 61‐30, Environmental Protection Fee

23, 1995)

Attachment B Final Amendment to South Carolina Air Quality Implementation Plan, Lead Certification September 20, 2011 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element

§110(a)(2)(F)

Stationary source monitoring

system

“...require, as may be prescribed by theAdministrator—

(i) the installation, maintenance, and

replacement of equipment, and the

implementation of other necessary steps

by owners or operators of stationary

sources to monitor emissions from suchsources,

(ii) periodic reports on the nature and

amounts of emissions and emissions‐related data from such sources, and

(iii) correlation of such reports by the

state agency with any emission

limitations or standards establishedpursuant to this Act, which reports shall

be available at reasonable times for

public inspection; “

S.C. Code Ann. §48‐1‐50 (22) (etseq.)

Regulation 61‐62.1, Definitions and General Req

approval: 5/31/72)

On June 14, 2010, the Department submitted a 

amendments to R. 61‐62.1 that incorporated th

rule known as the Air Emissions Reporting Requ

FR 76540, December 17, 2008).

§110(a)(2)(G)

Emergency power

“...provide for authority comparable tothat in section 303 and adequatecontingency plans to implement such

authority;”

S.C. Code Ann. §48‐1‐290 (etseq.)AdministrativeProcedures Act,S.C. Code Ann. §1‐23‐130 (et

seq.)

Regulation 61‐62.3, Air Pollution Episodes (Initia5/31/72)

Attachment B Final Amendment to South Carolina Air Quality Implementation Plan, Lead Certification September 20, 2011 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element

§110(a)(2)(H)

Future SIP revisions

“...provide for revision of such plan—

(i) from time to time as may be

necessary to take account of revisions of

such national primary or secondary

ambient air quality standard or the

availability of improved or more

expeditious methods of attaining such

standard, and

(iii) except as provided in paragraph

(3)(C), whenever the Administrator finds

on the basis of information available tothe Administrator that the plan is

substantially inadequate to attain thenational ambient air quality standard

which it implements, or to otherwise

comply with any additional requirementsestablished under this Act;”

S.C. Code Ann. §48‐1‐10 (et seq.)

This information typically comes in the cover le

submission and is verified under the completen

submittals.

§110(a)(2)(I)

Nonattainment

“...in the case of a plan or plan revisionfor an area designated as a

nonattainment area, meet the applicable

requirements of part D (relating tononattainment areas);”

S.C. Code Ann. §48‐1‐10 (et seq.)

Extant SIPs meet this requirement, through (1) 

subsequent approval of those plans redesignati

attainment, and (2) updates to maintenance plaThere have been no previous nonattainment ar

Carolina.

§110(a)(2)(J)(§ 121consultation)

Consultation withgovernment officials

“...meet the applicable requirements of

section 121 (relating to consultation),”

S.C. Code Ann. §48‐1‐50(8) (et

seq.)

Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (Initial EPA approval: 2/10/82)

§110(a)(2)(J)(Section 127

public notification)

Public notification

“...meet the applicable requirements of

section 127 of this title,”

S.C. Code Ann. §48‐1‐60 (et seq.)

Regulation 61‐62.3, Air Pollution Episodes (Initia5/31/72)

§110(a)(2)(J)(PSD)

PSD and visibility protection

“...meet the applicable requirements of

... part C (relating to prevention ofsignificant deterioration of air quality and

visibility protection);”

S.C. Code Ann. §48‐1‐10 (et seq.)

Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (EPA approval: 2/10/82)

Attachment B Final Amendment to South Carolina Air Quality Implementation Plan, Lead Certification September 20, 2011 
Section 110(a) Element/CAA Text Statute How Addressed in SIP element

§110(a)(2)(K)

Air quality modeling/data

“...provide for:

(i) the performance of such air quality

modeling as the Administrator mayprescribe for the purpose of predicting

the effect on ambient air quality of anyemissions of any air pollutant for which

the Administrator has established a

national ambient air quality standard,and

(ii) the submission, upon request, of

data related to such air quality modeling

to the Administrator;”

S.C. Code Ann. §48‐1‐10 (et seq.)

Regulation 61‐62.5, Standard No. 2, Ambient Ai

(Initial EPA approval: 12/28/78)Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (Initial EPA approval: 2/10/82)

§110(a)(2)(L)

Permitting fees

“...require the owner or operator of

each major stationary source to pay to

the permitting authority, as a conditionof any permit required under this Act, a

fee sufficient to cover—

(i) the reasonable costs of reviewing

and acting upon any application for sucha permit, and

(ii) if the owner or operator receives a

permit for such source, the reasonable

costs of implementing and enforcing the

terms and conditions of any such permit

(not including any court costs or other

costs associated with any enforcement

action), until such fee requirement issuperseded with respect to such sources

by the Administrator's approval of a fee

program under title V;”

S.C. Code Ann. §48‐2‐50 (et seq.)

State only Regulation 61‐30, Environmental Pro

(Promulgated June 23, 1995)

§110(a)(2)(M)

Consultation/participation by

affected local entities

“...provide for consultation and

participation by local political

subdivisions affected by the plan.”

S.C. Code Ann. §48‐1‐50(8) (et

seq.)S.C. Code Ann. §

1‐23‐40 (et seq.)

Regulation 61‐62.5, Standard No. 7, Prevention 

Deterioration (EPA approval: 2/10/82)

Attachment B Final Amendment to South Carolina Air Quality Implementation Plan, Lead Certification September 20, 2011 
Attachment B 

Final Amendment to South Carolina Air Quality Implementation Plan, Lead Certification September 20, 2011 Section 110(a)element Element/CAA Text Statute How Addressed in SIP§§110(a)(2)(C)

&

110(a)(2)(J)

§110(a)(2)(J) “meet the applicable

requirements of ... part C (relating to

prevention of significant deterioration ofair quality and visibility protection);”§110(a)(2)(C) ... “regulation of the

modification and construction of any

stationary source within the areas

covered by the plan as necessary to

assure that national ambient air quality

standards are achieved, including a

permit program as required in parts C

and D;”

S.C. Code Ann. §48‐1‐10 (et seq.)

Regulation 61‐62.5, Standard No. 7, Prevention Deterioration (Initial EPA approval: 2/10/82)

Regulation 61‐62.3, Air Pollution Episodes (Initia5/31/72)
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 Protection 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 Implementation Plans (SIP). These requirements assure attainment 

and maintenance of the NAAQS. To be considered, the Department 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 the 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 Department does not receive a request for a public hearing 

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

If the Department cancels the public hearing, then the Department 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/Regulation-SIPManagement/public_hearings.asp. 

Interested persons may also contact Alan Hancock, Regulation 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 published a revised NAAQS for Lead (73 FR 66964). The EPA lowered the 

primary and secondary standards to 0.15 micrograms per cubic meter (μg/m3

). 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) further require states to address basic 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 notification and government consultation. 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 the EPA that it designate the entire state 

of South Carolina as “attainment” for the aforementioned 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 received, 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. 

Attachment C 

South Carolina Air Quality Implementation Plan, Lead Certification 

September 20, 2011 

Page 1
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 Air 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 29201, 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/m3

). 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) further require states to address basic 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 notification and government consultation. Section 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 submitted 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 areas 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, because 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 publication of this Notice in the South Carolina State 

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

to the EPA. 

Attachment D 

South Carolina Air Quality Implementation Plan, Lead Certification 

September 20, 2011

Page 1