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. 

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. The Department
is also basing this lead infrastructure SIP certification on the EPA’s
draft guidance for lead infrastructure SIP certifications. 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.” 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.” 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

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

 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.

 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.

 Id., at 11. 

 Id., at 12. 

Ms. Fleming

September 20, 2011

Page   PAGE  2 

