BOARD: Allen Amsler Chairman BOARD: R. Kenyon Wells

MarkS. Lurz Vice Chairman L Clarence Barrs, Jr.
Ann B. Kirol, DDS Steven G. Kisner Secretary C. Earl Hunter, Commissioner Promoting and protecting the health of thepublicandthe environment
October 24, 2011 Gwendolyn Keyes Fleming, Esq

. Regional Administrator US EPA Region 4 AtlantaFederal Center 61 Forsyth Street, S.W. Atlanta, GA 30303-8909 John 0. Hutto, Sr., MD

Re: South CarolinaAir QualityImplementationPlan, 2008 8-hour Ozone Infrastructure Requirements
DearMs. Fleming:
I am writing today to certify that the South Carolina Department ofHealth and Environmental Control (Department) has met the Clean Air Act (CAA) Sections 110(a)(1) and (2) requirements for the 2008 8- hour ozone National AmbientAir Quality Standards (NAAQS). As such, we are formally requesting that the U.S. Environmental Protection Agency (EPA) acknowledge this certification as a demonstration that the South Carolina Air Quality Implementation Plan (SIP) is adequate in addressing the 2008 8-hour ozoneNAAQS.
Section llO(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement ofeach NAAQS promulgated bythe EPA, which is commonly referred to as an "infrastructure" SIP. On March 27, 2008, the EPA issued the revised 8-hourNAAQS for ozone. In September 2009, the EPA announced they were reconsidering the 2008 8-hour ozone NAAQS. Then, on September 2, 2011 ,the White House released a statement askingthe EPA to withdraw thereconsideration which prompted EPA's announcement on September 22, 2011, stating its intention to proceed with certainrequired actions to implementthe 2008 8-hourozoneNAAQS, to include infrastructure.
On July 13, 2011, (76 FR 41111), the EPA approved South Carolina's December 13, 2007, SIP submission demonstrating that South Carolina meets the SIP requirements ofSections 110(a)(l) and (2) ofthe CAA for the 1997 8-hour ozone NAAQS. South Carolina certified that the South Carolina SIP contains provisions that ensure the 1997 8-hourozoneNAAQS is implemented, enforced, and maintained in South Carolina.
Based on the EPA's July 13, 2011, (76 FR 41111) action, the Department believes our SIP is equally sufficient in addressingthe necessaryrequirements for implementing, maintaining and enforcing the 2008 8-hour ozone NAAQS and is certifying this today. In regards to any issues or concerns surrounding any references to Clean Air Interstate Rule (CAIR), our state's Regulations at 61-62.96, Nitrogen Oxides (NOX) andSulfurDioxide (S02) Budget TradingProgram, alongwith ourfederally approved SIP (74 FR 53167, October 16, 2009) ensure that the state's CAIR program is being complied with and enforced. This SIP will be replaced bythe Federal Implementation Plan (FIP) for the Cross State AirPollution Rule (CSAPR) that establishes state specific emission control requirements using state budgets startingJanuary 1, 2012 (76 FR48208, August 8, 2011)

.
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 2600Bu11Strcel • Columbia,SC29201 •Phone:(803)898-3432 • www.scdhcc.govPage2 SCAir QualityImplementation Plan, 2008 8-hourOzoneInfrastructure Requirements October24, 2011
The only current nonattainment area in South Carolina is a portion of York County, SC that was designated nonattainment for the 1997 8-hour ozone NAAQS (69 FR 23951) as a part ofthe CharlotteGastonia-Rock Hill, NC-SC 8-hour ozone nonattainment area. It should be noted that on June 1, 2011, based on clean data, the Department submitted a redesignation request (to "attainment") and maintenance plan for the South Carolina portion of the Charlotte-Gastonia-Rock Hill, NC-SC 8-hour ozone nonattainment area. In addition, on October 11, 2011, the Department updated ourboundary recommendation for the 2008 8- hourozoneNAAQS submitted in 2009. This update requests that each entire county ofthe State ofSouth Carolinabe designated "attainment"forthe 2008 8-hourozoneNAAQS, including all ofYorkCounty.
The Department appreciates this opportunity to certify that these elements are addressed in our SIP and applauds EPA's efforts to "simplify" the requirements for SIP submittals. 1 As you know, states are charged with carrying out requirements of the CAA and with developing SIPs that outline how air pollution will be controlled to meet the NAAQS. The prescriptive requirements under the CAA have made the SIP process burdensome, complicated and costly. South Carolina is already under-funded for existingmandates; therefore we appreciateEPA'sflexibility in allowing certifications like this as a means to preserve already limited state resources. Ifyouhave any questions please contactMyraReece at (803) 898-41 r reecemc@dhec.sc.gov

.

RobertW. King, Jr., P.E. Deputy Commissioner Environmental Quality Control

ec: Mr. ScottDavis, Chief, AirPlanningBranch, EPA Region4 Ms. LynoraeBenjamin, Chief, Regulatory Development Section, EPARegion 4 Ms. Jane Spann, Regulatory Development Section, EPARegion 4 Ms. MyraC. Reece, Chief, Bureau ofAir Quality, S.C. DHEC Ms. Renee Shealy, AssistantBureau Chief, Bureau ofAirQuality, S.C. DHEC Mr. Robert Brown, Director, Division ofAirAssessment, Innovations, and Regulation, Bureau ofAir Quality, S.C. DHEC Ms. Maeve Mason, Manager, Regulation and SIP Management Section, Bureau ofAirQuality, S.C. DHEC

Attachment- South CarolinaCertification: CleanAirAct Sections 110(aX1) and 110(a)(2), 8-hour Ozone Requirements; December 13,2007

1 See April 6, 2011, McCabe memo on SIP reform.David M'irrhcll, MD

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U.S. Environ:rrumml Protection Agency, Region 4 ffW GA 30303-8%0

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### South Carolina Certification: Clean Air Act Sections llO(a)(l) and 110(a)(2) 8-hour Ozone Requirements

December 13, 2007

Emission limits and other control measures: 

### Section 110(a)(2)(A) of the Clean Air Act (CAA) requires State Implementation Plans (SIPs) to include enforceable emission limits and other control measures, means ortechniques, schedules for compliance and otherrelated matters. South Carolina Air Pollution Control Regulation 61-62.5, Standard No. 2, AmbientAir Quality Standards, 

### serves to establish emission limits for ozone, while Regulation 61-62.1, Definitions and General Requirements, 

### addresses required control measures, means, and techniques. Section 48-1-50(23) ofthe 1976 South Carolina Code ofLaws, as amended (hereinafter referred to as S.C. Code Ann.), provides the Department with the statutory authority to "Adopt emission andejjluent control regulations, standards andlimitations that are applicable to the entire State, that are applicable only within specifiedareas orzones of the State, or that are applicable only when a specifiedclass of pollutant ispresent."
Ambient air quality monitoring/data system: 

### Section 110(a)(2)(B) ofthe CAA requires SIPs to include provisions to provide for establishment and operation ofambient air quality monitors, collection and analysis of ambient air quality data, and presentation ofthese data to the EPA upon request. Regulation 61.62.5, StandardNo.7, Prevention of SignificantDeterioration, 

### along with the South Carolina Network Description and Ambient Air Network Monitoring Plan 

### (conditionally approved by EPA in November 2007), provides for an ambient air quality monitoring system in the State. S.C. Code Ann.§ 48-1-50(14) provides the Department with the necessary statutory authority to "Collectanddisseminate information on air orwatercontrol." Program for enforcement of control measures: 

### Section 110(a)(2)(C) of the CAA requires States to implement a program that provides for the 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 SignificantDeterioration, 

### and Regulation 61- 62.5, Standard No. 7.1, NonattainmentNew Source Review, 

### apply to the construction ofany new major stationary source or any project at an existing major stationary source in an area designated as attainment or unclassifiable. On July 1, 2005, the Department submitted its PSD/NSR SIP revision to EPA for approval. In August 2007, the EPA sent to the State a draft conditional approval letter that indicated modifications to the State PSD and NSR rules were necessary. On November 20, 2007, the Department sent to the EPA a written response outlining its commitment to making those modifications. Upon publication of EPA's final notice of conditional approval ofthese State rules in the Federal Register, 

### the Department will thereafter commence with necessary changes to the regulations. S.C. Code Ann. §48-1-50(10) provides the

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### "Require to be submitted to it and considerfor approvalplansfor disposal systems orsources oranyparts thereof andinspect the construction thereof for compliance with the approvedplans." Further, S.C. Code Ann. § 48-1-50(11) provides the Department with the statutory authority to 

### "Administer penalties as otherwise provided herein for violations ofthis chapter, including any order, permit, regulation or standards

."
Interstate transport: Section 110(a)(2)(D) ofthe CAA requires SIPs to include provisions prohibiting any source or other type of emissions activity in one State from contributing significantlyto nonattainment orfrom interfering with attainment ofNAAQS in another State. States are required to submit 110(a)(2)(D)(i) plans to demonstrate compliance with these provisions. On June 25, 2007, South Carolina submitted its 110(a)(2)(D)(i) plan to EPA. In this submittal, South Carolina made a demonstration that it met the required four-pronged set ofcriteria as outlinedbelow.


### State SIPs must contain adequateprovisionsprohibiting any source or other type of emissions activitywithin the Statefrom emitting any airpollutants in amounts that will:
1. Contribute significantly to nonattainment of NAAQS for areas m another State. (Prong 1)


### South Carolina's Clean AirInterstate Rule (CAIR) became state-effective on June 22, 2007

. On December 10, 2007, EPA's approval ofSouth Carolina's CAIR as a direct final rule became effective. South Carolina's participation in the CAIR tradingprogram willsatisfy this criterion.
2. Interfere with maintenance ofNAAQS by any other State. (Prong 2) 

### Again, South Carolina's implementation ofCAIR andparticipation in the tradingprogram willsatisfy this criterion.
3. Interfere with measures required to meet the implementation plan for any other State related to Prevention of Significant Deterioration (PSD). (Prong 3)


### South Carolina ' s participation in the CAIR trading program; implementation ofRegulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, and Regulation 61-62.5, Standard No

. 7.1, Nonattainment New Source Review (both of which provide for a preconstruction review andpermittingprogramfor major sources ofair pollutants); and adoption ofthe requirements ofthe Phase II ozone implementation rulefor the York County, South Carolina, portion ofthe Charlotte-Gastonia-Rock Hill, NC-SC 8-hour ozone nonattainment area (submitted to EPAfor approval on June 8, 2007) collectively satisfy this criterion.

ATTACHMENT -Page24. Interfere with measures required to meet the implementation plan for any other State related to Regional Haze and Visibility. (Prong 4)
South Carolina will satisfy this criterion through its Regional Haze Implementation Plan (theprehearing SIPpackage was submitted to EPA on November 9, 2007). The Regional Haze Implementation Plan was developed in consultation with other states, Federal LandManagers, and regionalplanning organizations; the Department is making its best effort to meet EPA's December 17, 2007, submission deadline for the final RegionalHaze ImplementationPlan. Adequate resources: Section 110(a)(2)(E) ofthe CAA requires states to provide for adequate personnel, funding, and legal authority under State Law to carry out their SIPs andrelated issues. The Department is provided its legal authority to establish a SIP and implement related plans, in general, under S.C. Code Ann. Section 48, Title 1. Specifically, S.C. Code Ann. § 48-1-50(12) grants the Department the statutory authority to "Accept, receive andadministergrants or other funds orgiftsfor thepurpose of carrying out any of thepurposes of this chapter; accept, receive and receiptfor Federal money given by the Federal government under any Federal law to the State ofSouth Carolinafor air or water control activities, surveys orprograms." S.C. Code Ann. Section 48, Title 2 grants the Department statutory 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 ofS.C. Code Ann. § 1-23-40 (the Administrative Procedures Act) 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 andto submitperiodic emissions reports. Regulation 61-62.1, Definitions and General Requirements, provides for an emission inventory plan that establishes reporting requirements, while S.C. Code Ann.§ 48-1-22 provides the Department with the statutory authority to "Require the owner or operator of any source or disposal system to establish andmaintain such operational records; make reports; install, use, andmaintain monitoring equipment or methods; sample andanalyze emissions or discharges in accordance withprescribedmethods, at locations, intervals, andprocedures as the Department shall prescribe; and provide such other information as the Department reasonably may require. Emergency power: Section 110(a)(2)(G) ofthe CAA requires state 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 air pollution episode or exceedance that may lead to s substantial threat to the health or persons in the State or region. S.C. Code Ann. § 48-1-290 grants the Department the statutory authority as follows: "Whenever the Departmentfinds 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 andrequiring that such action be taken as the Department deems necessary

ATTACHMENT- Page 3to meet the emergency. Such order shall be effective immediately. Anyperson to whom such order is directedshall comply therewith immediately, but on application to the Departmentorby direction ofthe Governor shall be afforded a hearing withinforty-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 statutory authority to establish emergency regulations.
Future SIP revisions: Section 110(a)(2)(H) ofthe CAA requires States to have the authority to revise their SIPs in response to changes in the NAAQS, availability ofimproved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. S.C

. Code Ann. 

### Section 48, Title 1

### provides the Department the statutory authority to revise the SIP to accommodate changes in the NAAQS.
Consultation with government officials: Section 110(a)(2)(J) ofthe CAA requires States to provide a process for consultation with local governments and Federal Land Managers (FLMs) carrying out NAAQS implementation requirements pursuant to CAA Section 121 relating to consultation. Regulation 61-62.5, Standard No. 7, Prevention ofSignificant 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 Ann. § 

### 48-1- 50(8) provides the Department with the statutory authority to "Cooperate with the governments ofthe United States or other states or State agencies or organizations, official or unofficial, in respect to pollution control matters orfor the formulation of interstate pollution control compacts oragreements. "


### Public notification: Section 110(a)(2)(J) further requires States to notify the public in NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. The Department has several public notice mechanisms in place to notify the public of ozone and other pollutant forecasting and has an extensive outreach program to educate the public and promote voluntary emission reduction measures. Regulation 61-62.3,Air Pollution Episodes, 

### requires that the Department notify the public ofany air pollution episode or exceedance. S.C

. Code Ann. 

### § 48-1-60 establishes that "Classification andstandards of quality and purity of the environment[are} authorizedafternotice andhearing."


### PSD and visibility protection: Section 110(a)(2)(J) ofthe CAA also requires State to meet applicable requirements ofPart C related to PSD and visibility protection. Regulation 61.62.5, Standard No. 7, Prevention of SignificantDeterioration, 

### as well as the final Regional Haze SIP, will address visibility protection.
Air quality modeling/data: Section 110(a)(2)(K) ofthe CAA requires that SIPs provide for air quality modeling so that effects on air quality ofemissions from any NAAQS pollutant can be predicted and submission ofsuch data to EPA canbe made. Regulation 61-62.5, StandardNo.2, Ambient Air Quality Standards, 

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



### ATTACHMENT -Page4

### Significant Deterioration (as adopted in the SIP), require that air modeling be conducted to determinepermit applicability. 

### Permitting fees: Section 110(a)(2)(L) ofthe CAA requires SIPS to include a requirement that 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 as well as establishes procedures for the payment of fees, provides for the assessment ofpenalties 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 andparticipation in SIP developmentby 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 ofincremental consumption, and the opportunity for commentprior to making a final permitting decision. Likewise, S.C. Code Ann. §48-1-50(8) allows the Department to 

### "Cooperate with the governments ofthe United States or other states or State agencies or organizations, official or unofficial, in respect topollution control matters or

for theformulation of interstatepollution control compacts oragreements. " Otherprovisions 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). The Department has worked closely with local political subdivisions in developing the Transportation Conformity SIP, the Regional Haze Implementation Plan, the Early Action Compacts, and the 8-hour Ozone Attainment Demonstration for the York, County, South Carolina, portion ofthe Metrolinanonattainment area. 

### Other notes: In September 2007, the Department submitted its 8-hour Ozone Attainment Demonstration for the York County portion ofthe Metrolina nonattainment area
. This document was developed in consultation with many interagency (both Federal and State) partners. In June 2007, the Department submitted its 110(a)(2)(D)(i) plan as final. In October 2007, the Department submitted a 110(a)(l) 8-hour ozone maintenance plan for Cherokee County, South Carolina (which had previously been subject to a one-hour ozone maintenance plan)

. The Departmentis currently in the process ofupdating its Transportation Conformity SIP. Together these submissions, along with South Carolina's existing Air Quality State ImplementationPlan, address the ozone requirements ofSection 110(a)(1) and (2) ofthe CAA

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