Revisions to the South Carolina Air Implementation Plan Executive Summary – Page 1 

General Amendments to R. 61-62 

July 18, 2011 

EXECUTIVE SUMMARY 

Introduction: 

The Department of Health and Environmental Control (DHEC) has conducted a review of current 

air quality regulations to ensure that we are efficiently and effectively meeting our goals of 

promoting and protecting the public health and the environment. As a result of this review DHEC 

has amended Regulation 61-62 and the State Implementation Plan (SIP). In particular DHEC has 

amended R. 61-62.1, Definitions and General Requirements, to update and correct definitions and 

permit requirements; R. 61-62.5, Standard 1, Emissions From Fuel Burning Operations, to 

exclude the requirement for natural gas fired units to maintain a log of periods of startup and 

shutdown; R. 61-62.5, Standard 2, Ambient Air Quality Standards, to remove the standard for 

Total Suspended Particle (TSP) and update exceedance limitation for the carbon monoxide (CO) 

standard; R.61-62.5, Standard No. 4, Emissions from Process Industries, to modify the regulatory 

strategy for cotton gins; and clarified the definition for major source threshold throughout 61-62. 

DHEC also has deleted R. 61-62.5, Standard 6, Alternative Emission Limitation Options 

("Bubble"); and updated the entirety of R. 61-62 to correct typographical errors, provide 

clarification, delete or update obsolete requirements. 

DHEC is hereby submitting these changes to the USEPA for approval into its federally approved 

SIP. Included in this submittal are copies of the amended regulations, a summary of external 

stakeholder and EPA comments along with DHEC responses, SC State Register Notices and 

hearing transcripts, a 110(l) demonstration for changes to the regulatory strategy for cotton gins, 

and a copy of our legal authority to promulgate these regulations. 

Discussion of Revisions: 

SECTION CITATION/EXPLANATION OF CHANGE: 

S.C. Regulation 61-62.1 Definitions and General Requirements 

R. 61-62.1, Section I – Definitions 

Added definition “15. CAA - The Clean Air Act, as amended, 42 U.S.C. 7401, et seq. Also 

referred to as “the Act.” 

R. 61-62.1, Section I – Definitions: 

Amended definition for “Conditional major source” to replace, “in S.C. Regulation 61-62.70, 

Title V Operating Permit Program” with “by applicable Federal and State regulations” in order to 

take into account all federal requirements for major sources. 

R. 61-62.1 Section I Definitions: 

Clarified definition for “Department” to include reference to the “South Carolina” Department of 

Health and Environmental Control. 

R. 61-62.1, Section I – Definitions: 

Included “40 CFR sections 61, 63, and 70” in definition for “federally enforceable” in order to 

clarify applicability of Federal NESHAP and Title V regulations. 

R. 61-62.1 Section I Definitions: 

Changed the definition of “Fugitive Emissions” to be consistent with 40 CFR 51.166. 
Revisions to the South Carolina Air Implementation Plan Executive Summary – Page 2 

General Amendments to R. 61-62 

July 18, 2011 

R. 61-62.1, Section I – Definitions: 

Renamed definition of “Major Plant” to “Major source” for consistency and amended the 

definition to replace “one hundred tons per year or more of any regulated air pollutant” with 

“greater than or equal to the major source threshold as defined by applicable Federal and State 

regulations” in order to take into account all federal requirements for major sources. 

R. 61-62.1 Section I - Definitions 

Moved and renumbered definitions for “PM10” and “PM10 Emissions” to appropriate alphabetic 

place in definitions. Also deleted an unnecessary date reference in “PM10.” 

R. 61-62.1, Section I – Definitions: 

Added definition: “64. PM2.5 – Particulate matter with an aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers emitted to the ambient air as measured by a reference method based 

on Appendix L of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent 

method designated in accordance with 40 CFR 53.” 

R. 61-62.1 Section I – Definitions: 

Added definition: “65. PM2.5 Emissions - Finely divided solid or liquid material with an 

aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air 

as measured by a reference method approved by the Department, with concurrence of the U. S. 

Environmental Protection Agency.” 

R. 61-62.1, Section I – Definitions: 

Amended definition for “Secondary Emissions” to replace instances of word “plant” with 

“source” to maintain consistency throughout all regulations. 

R. 61-62.1, Section I – Definitions: 

Renamed definition “Synthetic minor plant” to “Synthetic minor source” for consistency and 

amended the definition to replace “as defined in S.C. Regulation 61-62.5, Standard No. 7, Section 

I, Prevention of Significant Deterioration (“PSD”)” with “by applicable Federal and State 

regulations” in order to take into account all federal requirements for major sources. 

R. 61-62.1, Section I – Definitions: 

Renumbered definitions in alpha-numeric order from definition 15 to end as needed for 

consistency. 

R. 61-62.1, Section II – Permit Requirements: 

Added introductory paragraph before subsection II.A: “The following regulation will not 

supersede any State or Federal requirements nor special permit conditions, unless this regulation 

would impose a more restrictive emission limit. The owner or operator shall comply with all 

terms, conditions, and limitations of any Department-issued permit for sources or activities at its 

facility. A source’s permit status may change upon promulgation of new regulatory 

requirements” and deleted sections (A)(1)(a) and (A)(4) to clarify terms that apply to all permits. 

R. 61-62.1, Section II.A.1.a: 

Section deleted and information included in the aforementioned new Section II introductory 

paragraph. 

R. 61-62.1, Section II.A.4: 
Revisions to the South Carolina Air Implementation Plan Executive Summary – Page 3 

General Amendments to R. 61-62 

July 18, 2011 

Section deleted and information included in the aforementioned new Section II introductory 

paragraph. 

R. 61-62.1, Section II.A.5: 

Reformatted the requirements necessary to extend construction permits and renumbered as 

necessary. 

R. 61-62.1, Section II.A(1): 

Enumerated last paragraph for section outline codification. 

R. 61-62.1, Section II.A: 

Enumerated last paragraph for section outline codification. 

R. 61-62.1 Section II.B.2.h: 

Added provision: “emissions calculations and any other information necessary to document 

qualification for this exemption must be maintained onsite and provided to the Department upon 

request” to require facilities to keep pertinent information for this exemption on site. 

R. 61-62.1 Section II.B.3: 

Changed the wording with regard to sources placed on a list of sources that are exempt without 

further review from the requirement to obtain a construction permit from “to have total 

uncontrolled emissions less than the thresholds in Section II (B)(2)(h)” to “will not interfere with 

the attainment or maintenance of any State or Federal Standard.” 

R. 61-62.1 Section II.B.4: 

Changed wording from “whose only emissions are fugitive” to “with only fugitive emissions” for 

simplicity. 

R. 61-62.1 Section II.B.6: 

Added the sentence “The Department reserves the right to require a construction permit and the 

need for permit(s) will be made by the Department on a case-by-case basis. This determination 

will take into consideration, but will not be limited to the nature and amount of the pollutants, 

location, proximity to residences and commercial establishments, etc.” to allow for the 

requirement of construction permits for facilities where other avenues of compliance are 

ineffective. 

R. 61-62.1 Section II.C.3.c: 

Corrected to specify that a facility’s Federal “Employer” Identification is necessary and added 

“Federal Tax ID Number” for clarity. 

R. 61-62.1 Section II.C.3.d: 

Amended to require applications include Standard Industrial Classification (SIC) and North 

American Industry Classification System (NAICS) codes. 

R. 61-62.1 Section II.G.4: 

Added “or modified” to the title. 

R. 61-62.1 Section II.H.4.c: 

Corrected to specify that a facility’s Federal “Employer” Identification is necessary and added 

“Federal Tax ID Number” for clarity. 
Revisions to the South Carolina Air Implementation Plan Executive Summary – Page 4 

General Amendments to R. 61-62 

July 18, 2011 

R. 61-62.1 Section II.I.1.b: 

Corrected typographical and punctuation errors. 

R. 61-62.1 Section II.I.2.a: 

Revised to add “The Department reserves the right to require a construction or operating permit 

and the need for permit(s) will be made by the Department on a case-by-case basis. This 

determination will take into consideration, but will not be limited to the nature and amount of the 

pollutants, location, proximity to residences and commercial establishments, etc.” after the first 

sentence to allow for Department discretion in requiring a construction permit. 

R. 61-62.1 Section II.I.3.a: 

Reworded to specify that Registration Permits should contain any “applicable” conditions to 

simplify permit process as the department finds appropriate. 

R. 61-62.1 Section II.J.1: 

Specified that the permit conditions apply to “construction and operating” permits 

R. 61-62.1 Section II.J.1.b: 

Added “Any false information or misrepresentation in the application for a construction or 

operating permit may be grounds for permit revocation.” to provide for penalties for providing 

false information. 

R. 61-62.1 Section II.J.1: 

Added section: “g. A copy of the Department issued construction and/or operating permit 

must be kept readily available at the facility at all times. The permittee shall maintain such 

operational records; make reports; install, use, and maintain monitoring equipment or methods; 

sample 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. All records required to demonstrate compliance with 

the limits established under this permit shall be maintained on site for a period of at least five (5)

years” To allow for record retention and availability clause in permits. 

R. 61-62.1 Section II.N.5: 

Removed reference to operating permits since the section only refers to construction permits. 

R. 61-62.1 Section II: 

Added new section: “O. Inspection and Entry,” which allows for inspection and entry of 

regulated facilities pursuant to the Pollution Control Act. 

S.C. Regulation 61-62.3 Air Pollution Episodes 

R. 61-62.3 Sections I.2 through 3: 

Corrected grammar by adding “or” for clarification.

R. 61-62.3 Section I.4:

Corrected typographical error in units of PM10, SO2, and O3 by changing to μg/m3

. 

S.C. Regulation 61-62.5 Standard 1, Emissions From Fuel Burning Operations 
Revisions to the South Carolina Air Implementation Plan Executive Summary – Page 5 

General Amendments to R. 61-62 

July 18, 2011 

R. 61-62.5 Standard 1 Section I.C: 

Excluded the requirement for natural gas fired units to maintain a log of periods of startup and 

shutdown. 

S.C. Regulation 61-62.5 Standard 2, Ambient Air Quality Standards 

Amended table to delete TSP standard. Also included exceedence limitation footnote for CO 

standard and reference for rolling 3-month average calculation for lead. 

S.C Regulation 61-62.5 Standard 4, Emissions From Process Industries 

61-62.5 Standard 4 Section V – Cotton Gins: 

Amending entirety of section to go from a process rate based regulation to control based 

regulation. 

61-62.5 Standard 4 Section XII.B – Total Reduced Sulfur: 

Amended such that the obsolete requirement for TRS stack testing will not be required for 

facilities that are already required to have CEMs installed. 

S.C. Regulation 61-62.5 Standard 6, Alternative Emission Limitation Options (“Bubble”) 

Based on the United States Environmental Protection Agency (EPA) disapproval of this 

regulation in the SC State Implementation Plan (SIP), the entirety of this regulation is being 

removed and reserved. 

S.C. Regulation 61-62.5 Standard 7, Prevention of Significant Deterioration 

R. 61-62.5 Standard 7.q.2: 

Replaced instances of “plant” with “source” to maintain consistency throughout the regulations. 

R. 61-62.5 Standard 7.q.3: 

Replaced “Review of Major Stationary Sources and Major Modifications” with “Exemptions” to 

correct reference error. 

R. 61-62.5 Standard 7.r.4: 

Replaced (s) with (r) to correct reference error. 

R. 61-62.5 Standard 7 w.1: 

Removed reference to “paragraph (s)” due to reference error. 

S.C. Regulation 61-62.5 Standard 7.1, Non Attainment New Source Review 

R. 61-62.5 Standard 7.1.c.7.A: 

Expanded definition of “Major Stationary Source” to account for ozone designations under 

subpart 2 of the Clean Air Act.