BOARD: 

R Kenyon Wells 

BOARD; 

Allen Amsler 

Chaiiman 

Mark S. Lue 

Vice Chairman 

Catherine B. Templeton, Director 

Promoting and protecting the health of the public and the environment 

L Clarence Batts, Jr. 

Ann B. Kirol, DDS 

John 0. Hutto, Sr., MD 

April 3,2012 

Ms. Gwendolyn Keyes Fleming 

Regional Administrator 

United States Environmental Protection Agency, Region 4 

Sam Nunn Federal Center 

6 1 Forsyth Street, SW 

Atlanta, Georgia 30303-8960 

Re: Final Amendment: South Carolina Air Quality Implementation Plan (Certification 

for PMze5 Infrastructure and Section 128 Requirements) 

Dear Ms. Fleming: 

The United States Environmental Protection Agency ("EPA") has recently informed the South 

Carolina Department of Health and Environmental Control ("Department," or "DHEC") of the 

need to address two matters before it can approve certain previously submitted State Implementation Plan ("SIP") amendments. This SIP amendment addresses both matters. 

The Department is submitting this SIP amendment through the parallel processing procedure. 

Under this procedure, the EPA works closely with the state during the development of the SIP 

amendment and solicits public comment in approximately the same time frame that the state notices its proposed revisions and holds its public hearing. 

1) November 3, 2009, Certzfication for Particulate Matter Infrastructure SIPs 

The EPA notified the Department in January 2012 that it was requiring public notice of a clarification letter that the Department submitted to the EPA on November 3,2009, to address one element of the "infrastructure" SIPs required under Clean Air Act ("CAA") Section 1 lO(a)(l) and 

(2)' for the 1997 and 2006 PM2.5 (particulate matter 2.5 micrometers in diameter and smaller) 

National Ambient Air Quality Standards ("NAAQS"). These infrastructure SIPs provide for the 

implementation, maintenance, and enforcement of the NAAQS. On March 14,2008, the Department submitted the infrastructure SIP for the 1997 PM2.5 NAAQS to the EPA. On September 

18,2009, the Department submitted the infrastructure SIP for the 2006 PM2.5 NAAQS to the 

EPA. On September 24, 2009, the EPA submitted a letter to the Department stating that it had no 

comments on the 1997 and 2006 PM2.5 infrastructure SIPs. 

42 U.S.C. 5 7410 (2010) 

SOU'TH CAROLINA DEPARTMENT OF HEAL.?'H AND ENVIKONMEN'I'AL CON'I'KOL, 

2600 Bull Street Columbia, SC 29201 Phone: (803) 898-3432 wwwscdhecgov 
SIP Amendment: Section 128 Requirements & Certification for PM2 Infrastructure 

April 3, 2012 

Page 2 

Following further discussions with the EPA, the Department submitted the aforementioned letter 

to the EPA on November 3,2009. See Attachment A for this letter. Based on the EPA memorandum entitled Emergency Episode Plan Requirements, dated March 24, 2008, this letter certified 

that the Department is not required to adopt an emergency episode plan for PM2.5 because no 

area of South Carolina has exceeded 140~~1m~ for the 1997 and 2006 PM2.5 NAAQS, which is 

the threshold for such a plan. In accordance with CAA Section 1 10(k), in order to act on the Department's infrastructure SIP amendments addressing the requirements of CAA Section 

1 lO(a)(l) and (2) for the 1997 and 2006 PM2.5 NAAQS, the EPA is requiring that the Department 

provide the public with the ability to comment on this certification. Pursuant to a consent decree, 

the EPA has agreed to act on the 2006 PM2.5 infrastructure SIPs for twenty states, including 

South Carolina, by September 30, 2012. This submission is the final SIP-amendment from the 

Department that addresses the required public notice for this certification. 

2) Clean Air Act Section 128, State Boards 

The EPA has also recently informed states of the need to address Section 128 of the CAA, which 

requires that SIPs include conflict of interest provisions for state boards that oversee CAA permits and enforcement orders. The EPA is making this request based on comments that it has received on other states' proposed SIP amendments. This submission is the proposed SIPamendment from the Department to address CAA Section 128. The Department is concluding 

that an existing state statute meets the requirements of CAA Section 128. 

The CAA Amendments of 1977 added Section 128, "State Boards": 

(a) Not later than the date one year after August 7, 1977, each applicable implementation 

plan shall contain requirements that- 

(1) any board or body which approves permits or enforcement orders under this 

chapter shall have at least a majority of members who represent the public interest and do 

not derive any significant portion of their income from persons subject to permits or enforcement orders under this chapter, and 

(2) any potential conflicts of interest by members of such board or body or the 

head of an executive agency with similar powers be adequately disclosed. 

A State may adopt any requirements respecting conflicts of interest for such boards or 

bodies or heads of executive agencies, or any other entities which are more stringent than 

the requirements of paragraph (1) and (2), and the Administrator shall approve any such 

more stringent requirements submitted as part of an implementation plan.2 

The Department addressed the requirements of CAA Section 128 in its November 12, 1993, 

submittal to the EPA requesting Title V permitting authority. This submittal included a South 

Clean Air Act, 42 U.S.C. 9 7428 (2010). EPA elaborated on the requirements of CAA Section 128 in a guidance 

memorandum: David 0. Bickhart, EPA, Guidance to States for Meeting Conflict of Interest Requirements of 4128 

(March 2, 1978). 
SIP Amendment: Section 128 Requirements & Certification for PMI5 Infrastructure 

April 3: 2012 

Page 3 

Carolina Attorney General's opinion ("Opinion") that among other things addressed the requirements of CAA Section 128.' See Attachment B for the Opinion, and the cover letter under 

which it was submitted. The Attorney General concluded in the Opinion that the South Carolina 

Ethics, Government Accountability and Campaign Reform Act of 1991 ("Ethics Reform ~ct")~ 

in effect met the requirements of CAA Section 128. 

The Ethics Reform Act satisfies the requirements of CAA Section 128 for the DHEC Board, 

which is the "board or body which approves permits and enforcement orders" under the Clean 

Air Act in South Carolina. S.C. Code Ann. Section 8-13-100(3 1) defines "State board, commission, or council.. . [as] an agency created by legislation which has statewide jurisdiction and 

which exercises some of the sovereign power of the State." This definition, along with the following three sections of the Ethics Reform Act, meet the CAA Section 128(a)(l) requirement 

that Board members represent the public interest and do not derive any significant portion of 

their income from persons subject to CAA permits or enforcement orders. 

1) S.C. Code Ann. Section 8- 13-730 provides that "[u]nless otherwise provided by law, 

no person may serve as a member of a governmental regulatory agency that regulates any 

business with which that person is associated." 

2) S.C. Code Ann. Section 8-13-700(A) provides in part that "[nlo public official, public 

member, or public employee may knowingly use his official office, membership, or employment to obtain an economic interest for himself, a member of his immediate family, 

an individual with whom he is associated, or a business with which he is associated." 

3) S.C. Code Ann. Section 8-13-700(B) provides in part that "[nlo public official, public 

member, or public employee may make, participate in making, or in any way attempt to 

use his official office, membership, or employment to influence a governmental decision 

in which he, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated has an economic interest." 

S.C. Code Ann. Section 8-13-700(B)(l)-(5) provides for disclosure of any conflicts of interest by 

public official, public members or public employee, which meets the requirement of CAA Section 128(a)(2) that "any potential conflicts of interest . . . be adequately disclosed." Therefore, the 

Ethics Reform Act meets the two requirements of CAA Section 128, and by its very definition, 

the DHEC Board serves the public interest of the State. 

On February 24,2012, the Department published a notice in the South Carolina State Register 

notifying the public of this proposed SIP amendment, and providing the public the opportunity to 

request a public hearing on the proposed SIP amendment. See Attachment C for this Notice. The 

comment period for this notice ended on March 26,2012. The Department received two comments. See Attachment D for the comments and the Department's response. The Department did 

not receive a request for a public hearing by the close of the public comment period, so it can3 The EPA approved the delegation of Title V permitting authority effective July 26, 1995. 40 C.F.R. $ 70, Appendix A to Part 70 (20 1 1). The Title V submittal is not a part of the SIP. 

S.C. Code Ann. 4 8-13-700 (201 1). 
SIP Amendment: Section 128 Requirements & Certification for PM, Infrastructure 

April 3,2012 

Page 4 

celed the public hearing, pursuant to 40 C.F.R. Section 5 1.102 (20 1 1). I certify that the digital 

copies of this letter and the attached documents on the enclosed CD are an exact duplicate of the 

paper copies. 

We appreciate the EPAYs assistance in the formulation of this amendment. Should you have any 

questions concerning this proposed SIP amendment, please contact Alan M. Hancock of my staff 

at (803) 898-4139 or hancocam@,dhec.sc.gov. 

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

Deputy Commissioner 

Environmental Quality Control 

ec: Adam Dilts, Office of Environmental Accountability, EPA Region 4 

Scott Davis, Chief, Air Planning Branch, EPA Region 4 

Lynorae Benjamin, Chief, Regulatory Development Section, EPA Region 4 

Nacosta Ward, Regulatory Development Section, EPA Region 4 

Richard Wong, Regulatory Development Section, EPA Region 4 

Myra Reece, Chief, Bureau of Air Quality, SC DHEC 

Rhonda Banks Thompson, Assistant Bureau Chief, Bureau of Air Quality, 

SC DHEC 

Robert J. Brown, Jr., Director, Division of Air Assessment, Innovation, and Regulation, 

Bureau of Air Quality, SC DHEC 

Maeve Mason, Manager, Regulation and SIP Management Section, SC DHEC 

Attachment A - November 3,2009, Certification for PM Infrastructure SIPS 

Attachment B - S.C. Attorney General's November 5, 1993, Opinion in the Title V Submittal 

Attachment C - South Carolina State Register Notice of Intent to Revise the SIP, February 24, 

2012 

Attachment D- Comment-Response Summary and Comments 

Attachment E - Legal Authority