Attachment A

South Carolina (SC) Certification 

Clean Air Act Section 110(a)(1) and (2)

Particulate Matter (PM) Requirements

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South Carolina Certification

Clean Air Act Section 110(a)(1) and (2)

2012 PM2.5 NAAQS Requirements

Each of the basic or infrastructure requirements enumerated in the CAA Section 110(a)(1) and 

(2) is listed below along with the corresponding State statute granting the Department the 

necessary 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. 1, Emissions form Fuel Burning Operations; Standard 

No. 2, Ambient Air Quality Standards; and Standard No. 4, Emission from Process Industries

serve to establish emission limits for particulate matter (PM), while Regulation 61-62.1, 

Definitions and General Requirements; Regulation 61-62.2, Prohibition of Open Burning; and 

Regulation 61-62.6, Control of Fugitive Particulate Matter address required control measures, 

means, and techniques for reducing PM. Section 48-1-50(23) of the 1976 South Carolina Code of 

Laws, as amended (hereinafter referred to as S.C. Code Ann.) provides the Department with the 

statutory 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 available to 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2012 plan, submitted to EPA on July 18, 2011, as revised and superseded), provide for an 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 statutory 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, apply to the construction of any new major stationary 

source or any project at an existing major stationary source in an area designated as attainment or 

unclassifiable. Additionally, South Carolina’s PSD permitting program includes the necessary 

structural permitting requirements covering all regulated NSR Pollutants including: NOx as an 

ozone precursor - SIP approved- June 23, 2011, NSR PM2.5 and PM2.5 increments - SIPapproved April 12, 2013. R. 61-62.1, Section II, Permit Requirements also establishes guidelines 

for minor source permitting which requires “any person who plans to construct, alter, or add to a 

source of air contaminants, including installation of any device for the control of air contaminant 

discharges, shall first obtain a construction permit from the Department prior to commencement 

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of construction” and demonstrate that the project will not contribute to a violation of the 

NAAQS. S.C. Code Ann. § 48-1-50(10) provides the Department with the statutory 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 statutory 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 the NAAQS in another State. 

State SIPs must contain adequate provisions prohibiting any source or other type of emissions 

activity within the State from emitting any air pollutants in amounts that will:

1. Contribute significantly to nonattainment of NAAQS for areas in another state (Prong 1), 

or interfere with maintenance of NAAQS by any other State. (Prong 2).

All air quality monitors in South Carolina meet the 2012 NAAQS for PM2.5. 

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There has been a continuing decline in monitored ambient PM2.5 levels in South Carolina 

since 2016. Likewise, there has been a continuing downturn in monitored annual PM2.5

levels over the majority of the southwest United States, all indicating continued lessening 

of any possible interstate impact. 

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Further, our trend analysis of the South Carolina PM2.5 quarterly averages through the 

third quarter of 2015 indicates the design values continuing to fall well within the 12 

μg/m3 NAAQS limit. 

As a result of continuing monitoring data review, on December 12, 2013, South Carolina 

recommended to the USEPA that all of South Carolina be designated attainment for the 

2012 PM2.5 NAAQS, based on ambient monitoring and the evaluation of impacts on 

neighboring states. On January 15, 2015, the USEPA designated (80 FR 2266) nearly 

every county in the State “unclassifiable/attainment;” it deferred designation for Aiken 

County due to insufficient data associated with neighboring Georgia. On April 7, 2015, 

the USEPA designated (80 FR 18535) the Aiken County area unclassifiable/attainment 

based on 2012-2014 data. 

Furthermore, South Carolina does not have any PM2.5 nonattainment or maintenance

areas nor is the state within close proximity to any PM2.5 nonattainment or maintenance

areas.1 The closest nonattainment area is Allegheny County, PA, which is 450 miles 

distance. Due to the lack of PM2.5 nonattainment areas in or within close proximity to 

South Carolina, the Department has concluded that no revisions to the state’s SIP are 

necessary at this time. 

 

1 http://www.epa.gov/pmdesignations/2012standards/state.htm

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Additionally, PM2.5 emissions continue to decrease in the State. Below is a table showing 

the emissions in South Carolina from 2003 through 2014. The emissions during this time 

have trended downward, decreasing by almost two-thirds. 

Summary of PM2.5 Estimated Emissions 

in South Carolina, Title V facilities

Inventory Year PM2.5 (tons/year)

2003 20518.58559

2004 21563.70736

2005 20463.32608

2006 20615.64364

2007 20470.21302

2008 18467.77032

2009 12124.01075

2010 13194.15896

2011 12724.50466

2012 7815.246395

2013 6313.719606

2014 7306.421841

Finally, no CAA Section 126(b) findings have been made by the Administrator for any 

counties in South Carolina. 

2. 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 state collaborative process; implementation of 

Regulation 61-62.5, Standard No. 7, and Regulation 61-62.5, Standard No. 7.1 (both of 

which provide for a preconstruction review and permitting program for major sources of 

air pollutants) collectively satisfy this criterion. Regarding CAA Section 110(a)(2)(D)(i), 

relating to PSD, Prong 3 South Carolina has a federally approved PSD and 

Nonattainment NSR program (R. 61-62.5 Standards 7 and 7.1) which provide for new 

and modified source preconstruction review and permitting. 

 

3. Interfere with measures required to meet the implementation plan for any other State 

related to Regional Haze and Visibility. (Prong 4) 

On June 28, 2012, South Carolina received a partial federal approval for the Regional

Haze SIP (77 FR 38509). In a separate action, on June 7, 2012 (77 FR 33642), the EPA 

issued a limited disapproval of the Regional Haze SIP, and issued a FIP to address the 

deficiencies, due to the finding that the Cross-State Air Pollution Rule (CSAPR) achieves 

greater reasonable progress towards the national goal of achieving natural visibility 

conditions in Class I areas than source specific Best Available Retrofit Technology 

(BART) in those states covered by the Transport Rule. The Department has submitted to 

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the EPA a periodic update on December 18, 2012, demonstrating that we meet the 

visibility requirements of the program. 

Adequate resources: 

• Section 110(a)(2)(E)(i) of the CAA requires states to provide for adequate personnel, 

funding and legal authority under State Law to carry out its SIP and related 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 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 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 on S.C. Code Ann. § 1-23-40 and S.C. Code 

Ann. Section 48, Title 1. 

• Section 110(a)(2)(E)(ii) of the CAA requires that state SIPs include conflict of interest 

provisions for state boards that oversee CAA permits and enforcement orders. As per the 

South Carolina Ethics Reform Act of 1991, S.C. Code Ann. Section 8-13-700(B)(1)-(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." S.C. Code Ann. Section 8-13-

700(B)(1)-(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." 

• Section 110(a)(2)(E)(iii) of the CAA requires that state SIPs include necessary assurances 

that, where the state has relied on a local or regional government, agency, or 

instrumentality for the implementation of any plan provision, the state has responsibility 

for ensuring adequate implementation of such plan provision. Since SC does not have any 

local or regional governments responsible for implementing any portion of the CAA, no 

statutes or regulations are necessary to meet this requirement.

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, provides for emission inventories 

and other emission monitoring and reporting requirements for stationary sources. R. 61-62.1, 

Section III, Emission Inventory, provides for an emission inventory plan that establishes 

reporting requirements for various pollutants from permitted facilities on annual or three year 

cycles, depending on emission levels and nonattainment area status. Further, 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 operational records; make 

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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.” 

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). In addition, R. 61-62.1, Section IV, 

Source Tests, also outlines the plan, method, and procedures by which a source should conduct 

and submit source tests. S.C. Code Ann. § 48-1-22 provides the Department with the necessary 

statutory authority to “Require the owner of operator of any source or disposal system to 

establish and maintain such operational 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.” 

Finally, R. 61-62.1, Section V, Credible Evidence, specifies that non-reference test data and 

other information already available and utilized for other purposes may be used to demonstrate 

compliance or noncompliance with emission standards; 

Emergency power: Section 110(a)(2)(G) of the 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 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 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 statutory 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.

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S.C. Code Ann. Section 48, Title 1 provides the Department the necessary statutory authority to 

revise the SIP to accommodate changes in the NAAQS. 

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 (FLMs)

carrying out NAAQS implementation requirements 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 statutory 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 

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 PM 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 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 States to meet 

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

Standard No. 7, Prevention of Significant Deterioration, as well as the Regional Haze SIP 

together address visibility protection. Our discussion of PSD and visibility under prongs 3 and 4 

of Section 110(a)(2)(D) also applies to this section. 

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 R. 61-62.5, Standard No. 7, 

Prevention of Significant Deterioration (as adopted in the SIP) require that air modeling be 

conducted to determine permit applicability. 

Permitting fees: Section 110(a)(2)(L) of the CAA requires SIPs to require each major stationary 

source to 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 

including those that govern the costs to review, implement and enforce PSD and NNSR permits.

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 of penalties for nonpayment, and 

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establishes an appeals process for refuting fees. This regulation may be amended as needed to 

meet the funding requirements of the state’s permitting program.

The state currently has Title V program, R. 61-62.70, Title V Operating Permit Program, which 

implements and enforces the requirements of PSD and NNSR for facilities once they begin 

operating.

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 

subdivision 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). 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 of the Metrolina nonattainment area. 

Together these submissions, along with South Carolina's existing Air Quality State 

Implementation Plan, address the necessary elements of section 110(a)(1) and (2) of the CAA for 

the 2012 PM2.5 NAAQS. 

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Attachment B

SIP Submittal Completeness Criteria Checklist

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ATTACHMENT - SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

SIP Submitted by: South Carolina 

Date Submitted: December 14, 2015 

Subject: Confirmation of 110(a)(2)(A)-(M) PM2.5 Infrastructure Elements of South Carolina SIP

 

110(a)(2)(A)-(M) Requirements Checklist – South Carolina 

Section 110(a) 

element Element/CAA Text Statute How Addressed in Submittal

§110(a)(2)(A)

Emissions limits and other control 

measures

“...include enforceable emission limitations and 

other control measures, means, or techniques 

(including economic incentives such as fees, 

marketable permits, and auctions of emissions 

rights), as well as schedules and timetables for 

compliance as may be necessary or appropriate to 

meet the applicable requirements of this Act.”

Pollution 

Control Act, 

S.C. Code Ann.

§ 48-1-50(23) 

(et seq.)

Regulation 61-62.1, Definitions and General Requirements (Initial EPA approval: 

5/31/72) 

Regulation 61-62.2, Prohibition of Open Burning(Initial EPA approval: 5/31/72) 

Regulation 61-62.5, Standard No. 1, Emissions form Fuel Burning Operations

(Initial EPA approval: 5/31/72)

Regulation 61-62.5, Standard No. 2, Ambient Air Quality and General 

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

Regulation 61-62.5, Standard No. 4, Emission from Process Industries(Initial EPA 

approval: 5/31/72) 

Regulation 61-62.6, Control of Fugitive Particulate Matter

State only Regulation 61-30, Environmental Protection Fees (Promulgated June 

23, 1995)

§110(a)(2)(B)

Ambient air quality monitoring/data 

system

“...provide for establishment and operation of 

appropriate devices, methods, systems, and 

procedures necessary to monitor, compile, and 

analyze 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 of Significant Deterioration

(Initial EPA approval: 2/10/82) 

The South Carolina monitoring network 

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2 

Section 110(a) 

element Element/CAA Text Statute How Addressed in Submittal

§110(a)(2)(C)

Program for enforcement and control 

measures

“...include a program to provide for the 

enforcement of the measures described in 

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;”

“any person who plans to construct, alter, or add to 

a source of air contaminants, including installation 

of any device for the control of air contaminant 

discharges, shall first obtain a construction permit 

from the Department prior to commencement of 

construction” ...and “no permit to construct or 

modify a source will be issued if emissions 

interfere with attainment or maintenance of any 

state or federal standard.”

S.C. Code Ann.

§ 48-1-50(10) 

(et seq.)

Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration

(Initial EPA approval: 2/10/82)

Regulation 61-62.5, Standard No. 7.1, Nonattainment New Source Review (Initial 

EPA approval: 1/14/77) 

Regulation 61-62.1, Section II , Permit Requirements

§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 within the state from emitting any air 

pollutant in 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 State under part C to prevent significant 

deterioration of air quality or to protect visibility, 

 (ii) insuring compliance with the applicable 

requirements of sections 126 and 115 (relating to 

interstate and international pollution abatement);”

S.C. Code Ann. 

§ 48-1-10 (et 

seq.)

Regulation 61-62.96, Nitrogen Oxides (NOX) Budget Trading Program {SC CAIR 

RULE}

CSAPR: “Better than BART” determination 6/07/2012, 77 FR 33642 

Per the EME Homer City decision (U.S. Court of Appeals for the D.C. Circuit) the 

EPA has not quantified an obligation for South Carolina to address any interstate 

nonattainment or interference with a maintenance area.

Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration 

(Initial EPA approval: 2/10/82)

Regulation 61-62.5, Standard No. 7.1, Nonattainment New Source Review (Initial 

EPA approval: 1/14/77) 

Regional Haze SIP (Initial EPA approval: 6/28/2012), periodic update submitted on 

12/18/2012 

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Section 110(a) 

element Element/CAA Text Statute How Addressed in Submittal

§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 or governments, 

or a regional agency designated by the state or 

general purpose local governments for such 

purpose) 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 such implementation 

plan or portion thereof);”

S.C. Code Ann. 

§ 48-1-50(12)

(et seq.)

Environmental 

Protection 

Fund Act of 

1993, S.C. 

Code Ann. § 

48-1-50 (et 

seq.) 

These elements, 110(a)(2)(E)(i-iii), are met when EPA does a completeness 

determination for each SIP submittal. Each submittal provides for adequate 

personnel, funding, and legal authority under State Law to carry out their SIPs and 

related issues.

This information is understood and contained in all prehearing and final SIP 

submittal packages in the historical record of the rule.

State only Regulation 61-30, Environmental Protection Fees (Promulgated 6/23/95 

S.C. State Register Document No. 1822). 

§110(a)(2)(E)(ii)

“(ii) requirements that the state comply with 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, where the state has 

relied on a local or regional government, agency, 

or instrumentality for the implementation of any 

plan provision, the state has responsibility for 

ensuring adequate implementation of such plan 

provision;”

SC does not have any local agencies that would be affected by these requirements.

§110(a)(2)(F)

Stationary source monitoring system

“...require, as may be prescribed by the 

Administrator— 

 (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 such 

sources, 

 (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 

established pursuant to this Act, which reports 

shall be available at reasonable times for public 

inspection; “

S.C. Code Ann. 

§ 48-1-50 (22) 

(et seq.)

Regulation 61-62.1, Definitions and General Requirements (Initial EPA approval: 

5/31/72) 

R. 61-62.1, Section III, Emission Inventory

R. 61-62.1, Section IV, Source Tests

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). 

R. 61-62.1, Section V, Credible Evidence

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Section 110(a) 

element Element/CAA Text Statute How Addressed in Submittal

§110(a)(2)(G)

Emergency power

“...provide for authority comparable to that in 

section 303 and adequate contingency plans to 

implement such authority;”

S.C. Code Ann. 

§ 48-1-290 (et 

seq.) 

Administrative 

Procedures 

Act, S.C. Code 

Ann. § 1-23-

130 (et seq.)

Regulation 61-62.3, Air Pollution Episodes (Initial EPA approval: 5/31/72)

§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 to the Administrator that the 

plan is substantially inadequate to attain the 

national ambient air quality standard which it 

implements, or to otherwise comply with any 

additional requirements established under this 

Act;” 

S.C. Code Ann. 

§ 48-1-10 (et 

seq.)

This information typically comes in the cover letter of each SIP submission and is 

verified under the completeness criteria for SIP submittals.

§110(a)(2)(I)

Nonattainment 

“...in the case of a plan or plan revision for an area 

designated as a nonattainment area, meet the 

applicable requirements of part D (relating to 

nonattainment areas);”

S.C. Code Ann. 

§ 48-1-10 (et 

seq.)

The State Implementation Plan(s) meet this requirement. It is accomplished 

through (1) the SIP submittals and subsequent approval of those plans redesignating 

areas to attainment and (2) updates to maintenance plans; these are collectively 

contained in Table E - Nonregulatory Provisions of the SIP. 

§110(a)(2)(J)

(§ 121 

consultation)

Consultation with government 

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 of Significant Deterioration

(Initial EPA approval: 2/10/82)

The SC Regional Haze Implementation Plan

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Section 110(a) 

element Element/CAA Text Statute How Addressed in Submittal

§110(a)(2)(J)

(§ 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

§110(a)(2)(J)

(PSD)

PSD and visibility protection

“...meet the applicable requirements of ... part C 

(relating to prevention of significant deterioration 

of air quality and visibility protection);”

S.C. Code Ann. 

§ 48-1-10 (et 

seq.)

Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration

The SC Regional Haze Implementation Plan

§110(a)(2)(K)

Air quality modeling/data

“...provide for:

 (i) the performance of such air quality modeling 

as the Administrator may prescribe for the purpose 

of predicting the effect on ambient air quality of 

any emissions 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 Air Quality Standards

Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration

§110(a)(2)(L)

Permitting fees

“...require the owner or operator of each major 

stationary source to pay to the permitting 

authority, as a condition of any permit required 

under this Act, a fee sufficient to cover— 

 (i) the reasonable costs of reviewing and acting 

upon any application for such a 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 is superseded 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 Protection Fees

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6 

Section 110(a) 

element Element/CAA Text Statute How Addressed in Submittal

§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 of Significant Deterioration

SIP Items contained in or to be contained in Table e – Nonregulatory Provisions 

-Transportation Conformity SIP (updated November 19, 2008) 

-Early Action Compacts and Attainment Demonstration

-The Regional Haze Implementation Plan (submitted December 17, 2007) 

-Charlotte-Gastonia-Rock Hill, NC-SC (York County, SC portion of Metrolina 

Area) Attainment Demonstration (to be submitted November 30, 2009) 

-Cherokee County 110 (a) (1) Maintenance Plan

§§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 of air 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 of Significant Deterioration

Regulation 61-62.5, Standard No. 7.1 Nonattainment New Source Review (NSR)

Regulation 61-62.3, Air Pollution Episodes

The SC Regional Haze Implementation Plan 

17
Attachment C

South Carolina State Register Notice of General Public Interest 

and Notice of Public Hearing

18
6 NOTICES

South Carolina State Register Vol. 39, Issue 10

October 23, 2015

STATE BOARD OF EDUCATION

ERRATA

CHAPTER 43

Statutory Authority: 1976 Code Sections 59-5-60, 59-21-510, 59-21-580, 59-33-10 et seq., 

59-36-10 et seq., and 20 U.S.C. 1400 et seq.

The South Carolina Board of Education submitted a Drafting Notice to amend Regulation 43-243 (R.43-243), 

Special Education, Education of Students with Disabilities, which was published in the State Register, Volume 

39, Issue 7, on July 24, 2015. 

 The Drafting Notice stated that “Legislative review of this proposal is not required”. Upon further review, a 

determination was made that Legislative review of R.43-243 is required. 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

NOTICE OF GENERAL PUBLIC INTEREST

Revision of Air Permit Modeling Exemption and Deferral Guidelines 

The South Carolina Department of Health and Environmental Control (Department or DHEC) has revised the 

criteria that is used to determine when a facility may exempt or defer emissions from the air compliance 

demonstration as required under Regulation 61-62.1, Definitions and General Requirements, Section II(A)(2), 

when a permit is requested for a source of air emissions. These criteria will be used to identify which emissions 

covered under Regulation 61-62.5, Standards No. 2 and No. 7 of this regulation may either be exempt or deferred 

from the compliance demonstration that is submitted with the permit request. This guidance will be maintained 

by the Department and will be posted on the DHEC website at: 

http://www.scdhec.gov/environment/docs/Standard2and7ModelingExemptionandDeferralGuidelines.pdf. 

If you have questions, please contact John Glass, Division of Emissions, Evaluation, and Support at (803) 898-

4074 or glassjp@dhec.sc.gov. 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

NOTICE OF GENERAL PUBLIC INTEREST

NOTICE TO REVISE AIR QUALITY STATE IMPLEMENTATION PLAN

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 Particulate Matter (PM). 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) in a SIP update 

known as infrastructure SIP certification. These requirements were developed to assure attainment and 

maintenance of the NAAQS. To be considered, the Department must receive comments by 5:00 p.m. on 

November 23, 2015, the close of the comment period. 

19
NOTICES 7 

South Carolina State Register Vol. 39, Issue 10

October 23, 2015

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 November 30, 2015 at 10:00 a.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 November 23, 2015, 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 Marie Brown, Regulation and SIP Management Section, Bureau of Air Quality, 2600 Bull 

Street, Columbia, SC 29201, or via phone at (803) 898-1796 or email at brownmf@dhec.sc.gov for more 

information, or to find out if the Department will hold the public hearing. 

Synopsis: 

On December 14, 2012, the EPA finalized a revised NAAQS for Particulate Matter (78 FR 3086, published 

January 15, 2013). With this rule, the EPA strengthened the annual primary fine particulate matter (PM2.5) 

standard by lowering the level from 15.0 to 12.0 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 the NAAQS. 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)(1) requires states to submit SIPs within 

three (3) years after promulgation of a new or revised NAAQS, or December 14, 2015, in this case. 

On December 12, 2013, the Department submitted a request to EPA Region 4 that the EPA designate each 

county in the State of South Carolina as “attainment” for the PM NAAQS. On August 19, 2014, the EPA issued 

a letter to SC deferring Aiken County, due to insufficient data. The EPA designated the remainder of the state 

unclassifiable/attainment (79 FR 51517, published August 29, 2014). On April 7, 2015, (80 FR 18535) the EPA 

issued a final rule designating the deferred area of Aiken County, to unclassifiable/attainment. 

The Department is proposing to certify that it has addressed the aforementioned “infrastructure” elements 

pertaining to the PM attainment areas in South Carolina. Pending the receipt of a request for a public hearing 

and/or any comments received, this amendment to the SIP will take effect 30 days following publication of this 

Notice in the South Carolina State Register on December 11, 2015, after which, the Department will submit a 

final SIP certification package to the EPA for approval.

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

NOTICE OF GENERAL PUBLIC INTEREST

NOTICE OF FINAL AMENDMENT TO AIR QUALITY STATE IMPLEMENTATION PLAN

Statutory Authority: The Clean Air Act, 42 U.S.C. Sections 7401 et seq.; 42 U.S.C. Sections 7407 & 7410; 

40 C.F.R. Parts 51.102 and 51.241; 1976 Code Sections 48-1-10 et seq. 

Synopsis:

On September 27, 1996, a Memorandum of Agreement (MOA), negotiated between the Department and the 

South Carolina Department of Transportation (SC DOT), was published in the South Carolina State Register. 

The purpose of the MOA was to formally incorporate the applicable provisions of the transportation conformity 

review process in accordance with the requirements of the Federal Clean Air Act Amendments (CAAA), as 

promulgated by EPA on November 24, 1993 (58 FR 62188) in 40 CFR Part 51, Subpart T, and as amended 

20
Attachment D

South Carolina Pollution Control Act (SC Code Section 48-1-10 et seq.) 

21
1

DISCLAIMER

The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of 

Laws on the Internet as a service to the public. The unannotated South Carolina Code on the General 

Assembly's website is now current through the 2013 session. The unannotated South Carolina Code, 

consisting only of Code text, numbering, and history may be copied from this website at the reader's 

expense and effort without need for permission. 

The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff 

cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to 

understand and protect your legal rights, you should consult your own private lawyer regarding all legal 

questions. 

While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina 

Code available on the South Carolina General Assembly's website, the unannotated South Carolina Code 

is not official, and the state agencies preparing this website and the General Assembly are not responsible 

for any errors or omissions which may occur in these files. Only the current published volumes of the 

South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official 

version. 

Please note that the Legislative Council is not able to respond to individual inquiries regarding research or 

the features, format, or use of this website. However, you may notify the Legislative Services Agency at 

LSA@scstatehouse.gov regarding any apparent errors or omissions in content of Code sections on this 

website, in which case LSA will relay the information to appropriate staff members of the South Carolina 

Legislative Council for investigation. 

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CHAPTER 1.

POLLUTION CONTROL ACT

SECTION 48-1-10. Short title; definitions.

This chapter may be cited as the "Pollution Control Act" and, when used herein, unless the context 

otherwise requires:

 (1) "Person" means any individual, public or private corporation, political subdivision, government 

agency, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity 

whatsoever;

 (2) "Waters" means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, 

streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the 

State and all other bodies of surface or underground water, natural or artificial, public or private, inland or 

coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction;

 (3) "Marine district" means the waters of the Atlantic Ocean within three nautical miles from the 

coast line and all other tidal waters within the State;

 (4) "Sewage" means the water-carried human or animal wastes from residences, buildings, industrial 

establishments or other places, together with such ground water infiltration and surface water as may be 

present and the admixture with sewage of industrial wastes or other wastes shall also be considered 

"sewage";

 (5) "Industrial waste" means any liquid, gaseous, solid or other waste substance or a combination 

thereof resulting from any process of industry, manufacturing, trade or business or from the development 

of any natural resources;

 (6) "Other wastes" means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, clay, lime, 

cinders, ashes, offal, oil, gasoline, other petroleum products or by-products, tar, dye stuffs, acids, 

chemicals, dead animals, heated substances and all other products, by-products or substances not sewage 

or industrial waste;

 (7) "Pollution" means (1) the presence in the environment of any substance, including, but not 

limited to, sewage, industrial waste, other waste, air contaminant, or any combination thereof in such 

quantity and of such characteristics and duration as may cause, or tend to cause the environment of the 

State to be contaminated, unclean, noxious, odorous, impure or degraded, or which is, or tends to be 

injurious to human health or welfare; or which damages property, plant, animal or marine life or use of 

property; or (2) the man-made or man-induced alteration of the chemical, physical, biological and 

radiological integrity of water;

 (8) "Standard" or "standards" means such measure of purity or quality for any waters in relation to 

their reasonable and necessary use as may after hearing be established;

 (9) "Department" means the Department of Health and Environmental Control; 

 (10) "Sewage system" or "sewerage system" means pipelines and conductors, pumping stations, 

force mains and all other construction, devices and appliances appurtenant thereto used for conducting 

sewage, industrial waste or other wastes to a point of ultimate discharge;

 (11) "Treatment works" means any plant, disposal field, lagoon, constructed drainage ditch or 

surface water intercepting ditch, incinerator, area devoted to sanitary land fills or other works not 

specifically mentioned herein, installed for the purpose of treating, neutralizing, stabilizing or disposing 

of sewage, industrial waste or other wastes;

 (12) "Disposal system" means a system for disposing of sewage, industrial waste or other wastes, 

including sewerage systems and treatment works;

 (13) "Outlet" means the terminus of a sewer system or the point of emergence of any water-borne 

sewage, industrial waste or other wastes, or the effluent therefrom, into the waters of the State;

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 (14) "Shellfish" means oysters, scallops, clams, mussels and other aquatic mollusks and lobsters, 

shrimp, crawfish, crabs and other aquatic crustaceans;

 (15) "Ambient air" means that portion of the atmosphere outside of buildings and other enclosures, 

stacks, or ducts which surrounds human, plant, or animal life, water or property;

 (16) "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any 

combination thereof produced by processes other than natural; 

 (17) "Source" means any and all points of origin of air contaminants whether privately or publicly 

owned or operated;

 (18) "Undesirable level" means the presence in the outdoor atmosphere of one or more air 

contaminants or any combination thereof in sufficient quantity and of such characteristics and duration as 

to be injurious to human health or welfare, or to damage plant, animal or marine life, to property or which 

unreasonably interfere with enjoyment of life or use of property; 

 (19) "Emission" means a release into the outdoor atmosphere of air contaminants;

 (20) "Environment" means the waters, ambient air, soil and/or land; 

 (21) "Effluent" means the discharge from a waste disposal system;

 (22) "Effluent limitations" means restrictions or prohibitions of chemical, physical, biological, and 

other constituents which are discharged from point sources into State waters, including schedules of 

compliance; 

 (23) "Point source" means any discernible, confined and discrete conveyance, including, but not 

limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, 

concentrated animal feeding operation or vessel, or other floating craft, from which pollutants are or may 

be discharged. 

HISTORY: 1962 Code Section 63-195; 1952 Code Section 70-101; 1950 (45) 2153; 1965 (54) 687; 

1970 (56) 2512; 1973 (58) 788; 1975 (59) 241. 

SECTION 48-1-20. Declaration of public policy.

It is declared to be the public policy of the State to maintain reasonable standards of purity of the air 

and water resources of the State, consistent with the public health, safety and welfare of its citizens, 

maximum employment, the industrial development of the State, the propagation and protection of 

terrestrial and marine flora and fauna, and the protection of physical property and other resources. It is 

further declared that to secure these purposes and the enforcement of the provisions of this chapter, the 

Department of Health and Environmental Control shall have authority to abate, control and prevent 

pollution. 

HISTORY: 1962 Code Section 63-195.1; 1952 Code Section 70-102; 1950 (46) 2153; 1970 (56) 2512. 

SECTION 48-1-30. Promulgation of regulations; approval of alternatives.

The Department shall promulgate regulations to implement this chapter to govern the procedure of the 

Department with respect to meetings, hearings, filing of reports, the issuance of permits and all other 

matters relating to procedure. The regulations for preventing contamination of the air may not specify 

any particular method to be used to reduce undesirable levels, nor the type, design, or method of 

installation or type of construction of any manufacturing processes or other kinds of equipment. Except 

where the Department determines that it is not feasible to prescribe or enforce an emission standard or 

standard of performance, it may, by regulation, specify equipment, operational practice, or emission 

control method, or combination thereof. The Department may grant approval for alternate equipment, 

operational practice, or emission control method, or combination thereof, where the owner or operator of 

a source can demonstrate to the Department that such alternative is substantially equivalent to that 

specified.

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4

HISTORY: 1962 Code Section 63-195.6; 1952 Code Section 70-108; 1950 (46) 2153; 1965 (54) 687; 

1970 (56) 2512; 1978 Act No. 557, Section 1. 

SECTION 48-1-40. Adoption of standards for water and air. 

The Department, after public hearing as herein provided, shall adopt standards and determine what 

qualities and properties of water and air shall indicate a polluted condition and these standards shall be 

promulgated and made a part of the rules and regulations of the Department. The Department, in 

determining standards and designing the use of streams shall be guided by the provisions of this chapter. 

HISTORY: 1962 Code Section 63-195.7; 1952 Code Section 70-109; 1950 (46) 2153; 1970 (56) 2512. 

SECTION 48-1-50. Powers of department. 

 The Department may: 

 (1) Hold public hearings, compel attendance of witnesses, make findings of fact and determinations 

and assess such penalties as are herein prescribed;

 (2) Hold hearings upon complaints or upon petitions in accordance with Section 48-1-140 or as 

otherwise provided in this chapter; 

 (3) Make, revoke or modify orders requiring the discontinuance of the discharge of sewage, 

industrial waste or other wastes into any waters of the State, or the discharge of air contaminants into the 

ambient air so as to create an undesirable level, resulting in pollution in excess of the applicable standards 

established. Such orders shall specify the conditions and time within which such discontinuance must be 

accomplished;

 (4) Institute or cause to be instituted, in a court of competent jurisdiction, legal proceedings, 

including an injunction, to compel compliance with the provisions of this chapter or the determinations, 

permits and permit conditions and orders of the Department. An injunction granted by any court shall be 

issued without bond; 

 (5) Issue, deny, revoke, suspend or modify permits, under such conditions as it may prescribe for the 

discharge of sewage, industrial waste or other waste or air contaminants or for the installation or 

operation of disposal systems or sources or parts thereof; provided, however, that no permit shall be 

revoked without first providing an opportunity for a hearing; 

 (6) Conduct studies, investigations and research with respect to pollution abatement, control or 

prevention. Such studies shall include but not be limited to, air control, sources, disposal systems and 

treatment of sewage, industrial waste or other wastes, by all scientific methods and, if necessary, of the 

use of mobile laboratories; 

 (7) Settle or compromise any action or cause of action for the recovery of a penalty or damages 

under this chapter as it may deem advantageous to the State;

 (8) Cooperate with the governments of the United States or other states or State agencies or 

organizations, official or unofficial, in respect to pollution control matters or for the formulation of 

interstate pollution control compacts or agreements;

 (9) Prepare and develop a general comprehensive program for the abatement, control and prevention 

of air and water pollution; 

 (10) Require to be submitted to it and consider for approval plans for disposal systems or sources or 

any parts thereof and inspect the construction thereof for compliance with the approved plans; 

 (11) Administer penalties as otherwise provided herein for violations of this chapter, including any 

order, permit, regulation or standards; 

 (12) 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 

25
5

government under any Federal law to the State of South Carolina for air or water control activities, 

surveys or programs;

 (13) Encourage voluntary cooperation by persons, or affected groups in restoration and preservation 

of a reasonable degree of purity of air and water;

 (14) Collect and disseminate information on air or water control;

 (15) Approve projects for which applications for loans or grants under the Federal Water Pollution 

Control Act or the Federal Air Quality Act are made by any municipality (including any city, town, 

district, or other public body created by or pursuant to the laws of this State and having jurisdiction over 

disposal of sewage, industrial wastes or other wastes) or agency of this State or by an interstate agency;

 (16) Participate through its authorized representatives in proceedings under the Federal Water 

Pollution Control Act or the Federal Air Quality Act to recommend measures for abatement of water 

pollution originating in this State;

 (17) Take all action necessary or appropriate to secure to this State the benefits of the Federal Water

Pollution Control Act or the Federal Air Quality Act and any and all other Federal and State acts 

concerning air and water pollution control; 

 (18) Consent on behalf of the State to request by the Federal Security Administrator to the Attorney 

General of the United States for the bringing of suit for abatement of such pollution; 

 (19) Consent to the joinder as a defendant to such suit of any person who is alleged to be discharging 

matter contributing to the pollution, abatement of which is sought in such suit;

 (20) Conduct investigations of conditions in the air or waters of the State to determine whether or not 

standards are being contravened and the origin of materials which are causing the polluted condition;

 (21) Establish the cause, extent and origin of damages from waste including damages to the fish, 

waterfowl, and other aquatic animals and public property which result from the discharge of wastes to the 

waters of the State;

 (22) Require the owner or operator of any source or disposal system to establish and 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;

 (23) 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;

 (24) Enter at all times in or upon any property, public or private, for the purpose of inspecting and 

investigating conditions relating to pollution or the possible pollution of the environment of the State. Its 

authorized agents may examine and copy any records or memoranda pertaining to the operation of a 

disposal system or source that may be necessary to determine that the operation thereof is in compliance 

with the performance as specified in the application for a permit to construct; provided, however, that if 

such entry or inspection is denied or not consented to, and no emergency exists, the Department is 

empowered to and shall obtain from the magistrate from the jurisdiction in which such property, premise 

or place is located, a warrant to enter and inspect any such property, premise or place prior to entry and 

inspection. The magistrate of such jurisdiction is empowered to issue such warrants upon a proper 

showing of the needs for such entry and inspection. The results of any such inspection and investigation 

conducted by the Department shall be reduced to writing and a copy shall be furnished to the owner or 

operator of the source or disposal system; and

 (25) Issue orders prohibiting any political entity having the authority to issue building permits from 

issuing such permits when the political entity has been ordered to correct a condition which has caused or 

is causing pollution. Provided, that no such order shall be issued until the State is capable of 

participating in Federal, State and local cost-sharing arrangements for municipal waste treatment facilities 

as set forth in the Clean Water Restoration Act of 1966. 

26
6

HISTORY: 1962 Code Section 63-195.8; 1952 Code Sections 70-110, 70-111; 1950 (46) 2153; 1965 

(54) 687; 1969 (56) 764; 1970 (56) 2512; 1973 (58) 788; 1974 (58) 2334; 1975 (59) 241. 

SECTION 48-1-55. Use of local personnel to monitor water quality in county where oyster factory 

located. 

On any navigable river in this State where an oyster factory is located, the Department of Health and 

Environmental Control may utilize qualified personnel of the county or municipality in whose jurisdiction 

the factory operates to assist with the monitoring of water quality and other environmental standards the 

department is required to enforce. The assistance may be provided at the request of the department and 

upon the consent of the county or municipality concerned. 

HISTORY: 2009 Act No. 22, Section 1, eff May 19, 2009. 

SECTION 48-1-60. Classification and standards of quality and purity of the environment authorized after 

notice and hearing. 

It is recognized that, due to variable factors, no single standard of quality and purity of the environment 

is applicable to all ambient air, land or waters of the State. In order to attain the objectives of this chapter, 

the Department, after proper study and after conducting a public hearing upon due notice, shall adopt 

rules and regulations and classification standards. The classification and the standards of quality and 

purity of the environment shall be adopted by the Department in relation to the public use or benefit to 

which such air, land or waters are or may, in the future, be put. Such classification and standards may 

from time to time be altered or modified by the Department. 

 The adoption of a classification of the waters and the standards of quality and purity of the environment 

shall be made by the Department only after public hearing on due notice as provided by this chapter. 

HISTORY: 1962 Code Section 63-195.9; 1952 Code Section 70-112; 1950 (46) 2153; 1970 (56) 2512; 

1973 (58) 788. 

SECTION 48-1-70. Matters which standards for water may prescribe.

The standards for water adopted pursuant to this chapter may prescribe:

 (1) The extent, if any, to which floating solids may be permitted in the water;

 (2) The extent to which suspended solids, colloids or a combination of solids with other substances 

suspended in water may be permitted;

 (3) The extent to which organisms of the coliform group (intestinal bacilli) or any other 

bacteriological organisms may be permitted in the water;

 (4) The extent of the oxygen which may be required in receiving waters; and

 (5) Such other physical, chemical or biological properties as may be necessary for the attainment of 

the objectives of this chapter.

HISTORY: 1962 Code Section 63-195.10; 1952 Code Section 70-113; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-80. Considerations in formulating classification and standards for water.

In adopting the classification of waters and the standards of purity and quality, consideration shall be 

given to:

 (1) The size, depth, surface area covered, volume, direction, rate of flow, stream gradient and 

temperature of the water;

27
7

 (2) The character of the district bordering such water and its peculiar suitability for the particular 

uses and with a view to conserving it and encouraging the most appropriate use of the lands bordering on 

such water for residential, agricultural, industrial or recreational purposes;

 (3) The uses which have been made, are being made or may be made of such waters for 

transportation, domestic and industrial consumption, irrigation, bathing, fishing and fish culture, fire 

prevention, sewage disposal or otherwise; and 

 (4) The extent of present defilement or fouling of such waters which has already occurred or resulted 

from past discharges therein. 

HISTORY: 1962 Code Section 63-195.11; 1952 Code Section 70-114; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-83. Dissolved oxygen concentration depression; procedures to obtain site-specific 

effluent limit.

(A) The department shall not allow a depression in dissolved oxygen concentration greater than 0.1 

mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all 

satisfied by demonstrating that resident aquatic species shall not be adversely affected. The provisions of 

this section apply in addition to any standards for a dissolved oxygen depression in a naturally low 

dissolved oxygen waterbody promulgated by the department by regulation. 

(B) A party seeking a site-specific effluent limit related to dissolved oxygen pursuant to this section 

must notify the department in writing of its intent to obtain the depression. Upon receipt of the written 

notice of this intent, the department shall within thirty days publish a public notice indicating the party 

seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression 

is sought in addition to the department's usual public notice procedures. The notice shall be in the form of 

an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest 

general circulation in the affected area. If within thirty days of the publication of the public notice the 

department receives a request to hold a public hearing from at least twenty citizens or residents of the 

county or counties affected, the department shall conduct such a hearing. The hearing must be conducted 

at an appropriate location near the specific site for which the dissolved oxygen depression is sought and 

must be held within ninety days of the publication of the initial public notice by the department.

(C) The department, in consultation with the Department of Natural Resources and the Environmental 

Protection Agency, shall provide a general methodology to be used for consideration of a site-specific 

effluent limit related to dissolved oxygen.

(D) The party seeking a site-specific effluent limit related to dissolved oxygen must conduct a study: 

 (1) to determine natural dissolved oxygen conditions at the specific site for which the depression is 

sought. The study must use an appropriate reference site. The reference site is not restricted to the State 

but must have similar geography, environmental setting, and climatic conditions. However, if an 

appropriate reference site cannot be located, the party may use a site-specific dynamic water quality 

model or, if available, a site-specific multidimensional dynamic water quality model.

 (2) to assess the ability of aquatic resources at the specific site for which the dissolved oxygen 

depression is sought to tolerate the proposed dissolved oxygen depression. 

(E) The department shall provide the following agencies sixty days in which to review and provide 

comments on the design of the scientific study required in subsection (D): 

 (1) the United States Fish & Wildlife Service of the United States Department of the Interior; 

 (2) the United States Geological Survey of the United States Department of the Interior;

 (3) the National Ocean Service of the United States Department of Commerce and the National 

Marine Fisheries Service of the United States Department of Commerce; and

 (4) The Department of Natural Resources.

The department and the Department of Natural Resources shall select and convene a science peer 

review committee to review the design of the study as required by subsection (D). The department and the 

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Environmental Protection Agency must concur on the final design before a study is initiated. Justification 

of any objection to the study design must be based solely on scientific considerations. Objections to the 

study design must be provided in writing by the department to the party seeking a site-specific effluent 

limit related to dissolved oxygen. 

(F) The department shall provide the following agencies sixty days to review and comment on the 

results of the studies required in subsection (D):

 (1) the United States Fish and Wildlife Service of the United States Department of the Interior;

 (2) the United States Geological Survey of the United States Department of the Interior; and

 (3) the National Ocean Service of the United States Department of Commerce and the National 

Marine Fisheries Service of the United States Department of Commerce.

In order for a site-specific effluent limit related to dissolved oxygen to be implemented pursuant to this 

section, the department, the Department of Natural Resources and the Environmental Protection Agency 

must concur that the results of the study required in subsection (D) justify its implementation. In reaching 

a decision on the study results, the department and the Department of Natural Resources must base their 

decision upon the entire record, taking into account whatever in the record detracts from the weight of the 

decision, and must be supported by evidence that a reasonable mind might accept as adequate to support 

the decision. Objections to the acceptance of the results of the study must be provided in writing by the 

department to the party seeking a site-specific effluent limit related to dissolved oxygen.

HISTORY: 1999 Act No. 106, Section 1; 2010 Act No. 134, Section 1, eff March 30, 2010. 

SECTION 48-1-85. Requirements for houseboats with marine toilets.

(A) It is unlawful for a person to operate or float a houseboat on the waters of this State unless it has a 

marine toilet that discharges only into a holding tank.

(B) As used in this section: 

 (1) "Holding tank" means a container designed to receive and hold sewage and other wastes 

discharged from a marine toilet and constructed and installed in a manner so that it may be emptied only 

by pumping out its contents. 

 (2) "Houseboat" means watercraft primarily used as habitation and not used primarily as a means of 

transportation. 

 (3) "Marine toilet" includes equipment for installation on board a houseboat designed to receive, 

retain, treat, or discharge sewage. A marine toilet must be equipped with a holding tank. 

(C) When an owner of a houseboat having a marine toilet applies to the Department of Natural 

Resources for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the 

toilet discharges only into a holding tank. 

(D) Houseboat holding tanks may be emptied only by a pump-out system permitted by the South 

Carolina Department of Health and Environmental Control. 

(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined 

not more than two hundred dollars for each day's violation or imprisoned not more than thirty days, or 

both. 

HISTORY: 1992 Act No. 334, Section 1; 1993 Act No. 181, Section 1172; 2007 Act No. 33, Section 2, 

eff upon approval (became law without the Governor's signature on May 24, 2007). 

SECTION 48-1-87. Aquatic Life Protection Act.

(A) In order to provide for the survival and propagation of a balanced community of aquatic flora and 

fauna as set forth in Regulation 61-68 in a manner consistent with Section 48-1-20, the department shall, 

where necessary to protect aquatic life, impose NPDES permit limitations for whole effluent toxicity 

(WET) based on the mixing zone authorized in subsection (C), where the department determines that a 

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discharge causes or has the reasonable potential to cause or contribute to an excursion of a water quality 

criterion in Regulation 61-68, other than numeric criteria for specific pollutants, that apply to the 

protection of aquatic organisms.

(B) As directed by this section, the department may promulgate regulations to implement WET tests 

that calibrate EPA's standard toxicity testing species and methods to the natural water chemistry 

representative of the lakes, streams, groundwater, and stormwater runoff of this State. In developing 

these regulations the department may use the findings of any scientifically defensible study it may 

conduct and may use other pertinent peer reviewed studies or conclusions. In the interim, this section 

shall not be construed to limit the department's authority to impose WET limits. 

(C) For purposes of performing WET reasonable potential determinations for a specific discharge and, 

where justified, setting WET permit limitations for that discharge, the department, notwithstanding any 

other provision of law shall:

 (1) develop procedures to allow up to one hundred percent dilution in waterbodies, based on the 

7Q10 flow as defined by Regulation 61-68, where justified by the permittee or permit applicant and 

approved by the department; 

 (2) use stream flow conditions other than those described in item (1) where justified by hydrological 

controls that are capable of ensuring critical flow conditions higher than the respective ten-year flows 

identified in item (1), to evaluate acute and chronic exposure;

 (3) use, for stormwater discharges, a representative flow greater than 7Q10 flow, as demonstrated on 

a site-specific basis, with any resulting WET permit limitations comprising only those expressed in terms 

of acute survival endpoints;

 (4) consider such mixing calculations as described in items (1), (2), and (3) to be consistent with its 

policy set forth in Regulation 61-68 for minimizing mixing zones; 

 (5) give consideration to compliance with numeric criteria and actual instream biological conditions, 

in the absence of a valid scientific correlation between sublethal WET test results and the biological 

integrity of representative lakes, streams, and estuaries in this State, wherein biological integrity includes 

the richness, abundance, and balanced community structure of indigenous aquatic organisms; 

 (6) allow, at the request of the permittee, the use of ambient receiving waters as control and dilution 

waters in WET tests;

 (7) exempt once-through, noncontact cooling water, which contains no additives, from toxicity 

requirements; and 

 (8) allow dischargers to use WET testing protocols that utilize alternative species in accordance with 

applicable EPA regulations and guidance.

(D) No part of this section shall be construed to limit the department's authority to adopt water quality 

criteria, to impose permit limits for specific chemical pollutants, to obligate the department to revalidate 

existing water quality criteria, or to establish additional water quality criteria for specific chemical 

pollutants. The department, whenever appropriate, shall utilize the flexibility of interpretation concerning 

WET testing and the use of WET test results provided by EPA. 

 (E) For the purpose of implementing Section 48-1-20 and Regulation 61-68: 

 (1) "propagation" is defined in Regulation 61-68; 

 (2) "biological integrity" means a measure of the health of an aquatic or marine ecosystem using the 

richness and abundance of species as the primary indicator, and "biological integrity" is a key component 

of an "instream bioassessment";

 (3) "sublethal toxicity tests" means laboratory experiments that measure the nonlethal biological 

effects, including, but not limited to, growth or reproduction, of effluents or receiving waters on aquatic 

organisms;

 (4) "calibrate" means a process to establish the baseline control condition based on the normal range 

of biological responses likely to occur when standard test organisms are exposed to various nontoxic 

waters sampled from streams and lakes throughout the State. 

(F) For any NPDES permit that was taken over by EPA due to provisions of Act 258 of 2004 from July 

1, 2004, through the effective date of this subsection as revised by the provisions of this 2005 act, the 

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department shall convey to EPA, through the certification process (40 C.F.R. Part 124.53), any additional 

requirements mandated under state law. Moreover, notwithstanding any other provision of law or 

regulation, the requirement for a counterpart state permit for any such discharge is waived. 

Alternatively, at the request of the permittee, the department may waive the certification process and issue 

a state permit. However, affected permittees shall submit applications for reissuance to the department in 

accordance with Regulation 61-9, at least one hundred eighty days in advance of the expiration of the 

federal permits. At the discretion of the department, the annual fees for NPDES permits in Regulation 

61-30 may continue to be charged, when certifying a federal permit, if the department waives the 

certification fee.

(G) The department shall reduce or eliminate WET monitoring requirements, as appropriate, in 

accordance with permit modification processes contained in Regulation 61-9, where dischargers 

demonstrate that their effluents do not demonstrate reasonable potential.

HISTORY: 2004 Act No. 258, Section 2; 2005 Act No. 25, Section 1. 

SECTION 48-1-90. Causing or permitting pollution of environment prohibited; remedies. 

(A)(1) It is unlawful for a person, directly or indirectly, to throw, drain, run, allow to seep, or otherwise 

discharge into the environment of the State organic or inorganic matter, including sewage, industrial 

wastes, and other wastes, except in compliance with a permit issued by the department.

 (2) The permit requirements of subsection (A)(1), Section 48-1-100, and Section 48-1-110 do not 

apply to:

 (a) discharges in a quantity below applicable threshold permitting requirements established by the 

department; 

 (b) discharges for which the department has no regulatory permitting program; 

 (c) discharges exempted by the department from permitting requirements; or

 (d) normal farming, silviculture, aquaculture, ranching, and wildlife habitat management activities 

that are not prohibited by or otherwise subject to regulation. 

 (3) Subsection (A)(2) must not be construed to: 

 (a) impair or affect common law rights;

 (b) repeal prohibitions or requirements of other statutory law or common law; or 

 (c) diminish the department's authority to abate public nuisances or hazards to public health or the 

environment, to abate pollution as defined in Section 48-1-10(7), or to respond to accidental discharges or 

spills.

 (4) A person must first petition the department in writing for a declaratory ruling as to the 

applicability of a specific, existing regulatory program to a proposed or existing discharge into the 

environment, provided that the proposed or existing discharge is not exempt or excluded from permitting 

as is set forth in subsection (A)(2). The person proposing to emit or emitting such discharge must be 

named on and served with the petition. The department must, within sixty days after receipt of such 

petition, issue a declaratory ruling as to the applicability of such program to such discharge. If the 

department determines a permit is required under such program and that no exception or exclusion exists, 

including, but not limited to, the exceptions set forth in subsection (A)(2), the department must issue a 

declaration requiring the submission of an application to permit such discharge pursuant to the applicable 

permitting program. If the department further determines that immediate action is necessary to protect the 

public health or property due to such unpermitted discharge, the department may further declare the 

existence of an emergency and order such action as the department deems necessary to address the 

emergency. Any person to whom such emergency order is directed may apply directly to the 

Administrative Law Court for relief and must be afforded a hearing within forty-eight hours. Regardless 

of whether a hearing is held, the department must revoke all emergency orders as soon as conditions or 

operations change to the extent that an emergency no longer exists. A party contesting any department 

decision on a petition may request a contested case hearing in the Administrative Law Court. 

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Notwithstanding the administrative remedy provided for in this section, no private cause of action is 

created by or exists under this chapter.

(B)(1) A person who discharges organic or inorganic matter into the waters of this State as described in 

subsection (A) to the extent that the fish, shellfish, aquatic animals, wildlife, or plant life indigenous to or 

dependent upon the receiving waters or property is damaged or destroyed is liable to the State for the 

damages. The action must be brought by the State in its own name or in the name of the department. 

 (2) The amount of a judgment for damages recovered by the State, less costs, must be remitted to the 

agency, commission, department, or political subdivision of the State that has jurisdiction over the fish, 

shellfish, aquatic animals, wildlife, or plant life or property damaged or destroyed.

 (3) The civil remedy provided in subsection (B)(2) is not exclusive, and an agency, commission, 

department, or political subdivision of the State with appropriate authority may undertake in its own name 

an action to recover damages independent of this subsection. 

HISTORY: 1962 Code Section 63-195.12; 1952 Code Section 70-116; 1950 (46) 2153; 1969 (56) 764; 

1970 (56) 2512; 1975 (59) 241; 2012 Act No. 198, Section 1, eff June 6, 2012. 

SECTION 48-1-95. Wastewater utilities; procedures for significant spills.

(A) As used in this section:

 (1) "Action plan" or "plan" means a schedule for implementing and completing repairs, upgrades, 

and improvements needed to minimize future repetitive significant spills of untreated or partially treated 

domestic sewage.

 (2) "Capacity, Management, Operation, and Maintenance or 'CMOM' plan" means a comprehensive, 

dynamic framework for wastewater utilities to identify and incorporate widely accepted wastewater 

industry practices to: 

 (a) better manage, operate, and maintain collection systems;

 (b) investigate capacity constrained areas of the collection system; and

 (c) respond to sanitary sewer overflow events.

 (3) "Comprehensive review" or "review" means a complete technical assessment of the components 

and operation of a sewage system or its treatment works that are contributing to, or may be contributing 

to, repetitive significant spills of untreated or partially treated domestic sewage.

 (4) "Department" means the Department of Health and Environmental Control. 

 (5) "Significant spill" means a net discharge from a wastewater utility of at least five thousand 

gallons of untreated or partially treated domestic sewage that could cause a serious adverse impact on the 

environment or public health. "Significant spill" does not include spills caused by a natural disaster, direct 

act of a third party, or other act of God. 

 (6) "Wastewater utility" or "utility" means the operator or owner of a sewage collection system or its 

treatment works providing sewer service to the public. "Wastewater utility" does not include 

manufacturers, electric utilities, agricultural operations, and wastewater treatment systems located on 

property owned by the federal government. 

(B) Utilities must verbally notify the department of any significant spill within twenty-four hours and 

by written submission within five days. 

(C) Upon receiving notice of a significant spill from a wastewater utility, the department must 

determine whether the responsible wastewater utility has had more than two significant spills per one 

hundred miles of its sewage collection system, in the aggregate and excluding private service laterals, 

during the twelve-month period up to and including the date of the significant spill.

(D)(1) If the wastewater utility has had more than two significant spills per one hundred miles of its 

aggregate collection system miles during a twelve-month period, the department shall issue an order 

directing the utility to complete a comprehensive review of the sewage system and treatment works 

facility identified pursuant to subsection (C), or if the wastewater utility has a Capacity, Management, 

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Operations, and Maintenance plan in place directing the utility to update this plan, the order must include, 

but is not limited to:

 (a) the submission of the findings of the comprehensive review or CMOM update; and

 (b) the required implementation of any plans to minimize the recurrence of such significant spills.

 (2) The comprehensive review, pursuant to item (1), must be performed by a licensed South Carolina 

professional engineer.

 (3) Unless the department's order is being appealed, the comprehensive review or CMOM update 

must be initiated by the wastewater utility's owner within two months of receiving an order from the 

department or, in the case of an appeal, within two months from the date the order becomes final and 

nonappealable. 

(E) The department shall require that all wastewater utilities provide public notice of any significant 

spill of five thousand gallons or more within twenty-four hours of the discovery. Where the responsible 

wastewater utility does not provide this notice, in addition to any enforcement response, the department 

shall provide public notice of the significant spill.

(F) Nothing in this section contravenes the department's ability to undertake enforcement action under 

the Pollution Control Act, Chapter 1, Title 48, or any other state or federal law. 

HISTORY: 2012 Act No. 109, Section 1, eff February 1, 2012. 

SECTION 48-1-100. Permits for discharge of wastes or air contaminants; jurisdiction of department.

(A) A person affected by the provisions of this chapter or the rules and regulations adopted by the 

department desiring to make a new outlet or source, or to increase the quantity of discharge from existing 

outlets or sources, for the discharge of sewage, industrial waste or other wastes, or the effluent therefrom, 

or air contaminants, into the waters or ambient air of the State, first shall make an application to the 

department for a permit to construct and a permit to discharge from the outlet or source. If, after 

appropriate public comment procedures, as defined by department regulations, the department finds that 

the discharge from the proposed outlet or source will not be in contravention of provisions of this chapter, 

a permit to construct and a permit to discharge must be issued to the applicant. The department, if 

sufficient hydrologic and environmental information is not available for it to make a determination of the 

effect of the discharge, may require the person proposing to make the discharge to conduct studies that 

will enable the department to determine that its quality standards will not be violated.

(B) The Department of Health and Environmental Control is the agency of state government having 

jurisdiction over the quality of the air and waters of the State of South Carolina. It shall develop and 

enforce standards as may be necessary governing emissions or discharges into the air, streams, lakes, or 

coastal waters of the State, including waste water discharges.

(C) The Department of Health and Environmental Control is the agency of state government having 

jurisdiction over those matters involving real or potential threats to the health of the people of South 

Carolina, including the handling and disposal of garbage and refuse; septic tanks; and individual or 

privately-owned systems for the disposal of offal and human or animal wastes.

HISTORY: 1962 Code Section 63-195.13; 1952 Code Section 70-117; 1950 (46) 2153; 1964 (53) 

2393; 1970 (56) 2512; 1971 (57) 709; 1973 (58) 788; 1992 Act No. 294, Section 1. 

SECTION 48-1-110. Permits required for construction or alteration of disposal systems; classification; 

unlawful operations or discharges. 

(a) It shall be unlawful for any person, until plans therefor have been submitted to and approved by the 

department and a written permit therefor shall have been granted to: 

 (1) Construct or install a disposal system or source;

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 (2) Make any change in, addition to or extension of any existing disposal system or part thereof that 

would materially alter the method or the effect of treating or disposing of the sewage, industrial waste or 

other wastes;

 (3) Operate such new disposal systems or new source, or any existing disposal system or source;

 (4) Increase the load through existing outlets of sewage, industrial waste or other wastes into the 

waters of the State.

(b) The director of Health and Environmental Control shall classify all public wastewater treatment 

plants, giving due regard to size, types of work, character, and volume of waste to be treated, and the use 

and nature of the water resources receiving the plant effluent. Plants may be classified in a group higher 

than indicated at the discretion of the classifying officer by reason of the incorporation in the plant of 

complex features which cause the plant to be more difficult to operate than usual or by reason of a waste 

unusually difficult to treat, or by reason of conditions of flow or use of the receiving waters requiring an 

unusually high degree of plant operation control or for combinations of such conditions or circumstances. 

The classification is based on the following groups: 

 (1) For biological wastewater treatment plants: Group I-B. All wastewater treatment plants which 

include one or more of the following units: primary settling, chlorination, sludge removal, imhoff tanks, 

sand filters, sludge drying beds, land spraying, grinding, screening, oxidation, and stabilization ponds. 

Group II-B. All wastewater treatment plants which include one or more of the units listed in Group I-B 

and, in addition, one or more of the following units: sludge digestion, aerated lagoon, and sludge 

thickeners. Group III-B. All wastewater treatment plants which include one or more of the units listed in 

Groups I-B and II-B and, in addition, one or more of the following: trickling filters, secondary settling, 

chemical treatment, vacuum filters, sludge elutriation, sludge incinerator, wet oxidation process, contact 

aeration, and activated sludge (either conventional, modified, or high rate processes). Group IV-B. All 

wastewater treatment plants which include one or more of the units listed in Groups I-B, II-B, and III-B 

and, in addition, treat waste having a raw five-day biochemical oxygen demand of five thousand pounds a 

day or more. 

 (2) Effective July 1, 1987, for physical-chemical wastewater treatment plants: Group I-P/C. All 

wastewater treatment plants which include one or more of the following units: primary settling, 

equalization, pH control, and oil skimming. Group II-P/C. All wastewater treatment plants which include 

one or more of the units listed in Group I-P/C and, in addition, one or more of the following units: sludge 

storage, dissolved air flotation, and clarification. Group III-P/C. All wastewater treatment plants which 

include one or more of the units listed in Groups I-P/C and II-P/C and, in addition, one or more of the 

following: oxidation/reduction reactions, cyanide destruction, metals precipitation, sludge dewatering, 

and air stripping. Group IV-P/C. All wastewater treatment plants which include one or more of the units 

listed in Groups I-P/C, II-P/C, and III-P/C and, in addition, one or more of the following: membrane 

technology, ion exchange, tertiary chemicals, and electrochemistry.

 (c) It shall be unlawful for any person or municipal corporation to operate a public wastewater 

treatment plant unless the operator-in-charge holds a valid certificate of registration issued by the Board 

of Certification of Environmental Systems Operators in a grade corresponding to the classification of the 

public wastewater treatment plant supervised by him, except as hereinafter provided. 

(d) It shall be unlawful for any person to operate an approved waste disposal facility in violation of the 

conditions of the permit to construct or the permit to discharge. 

(e) It shall be unlawful for any person, directly or indirectly, negligently or willfully, to discharge any 

air contaminant or other substance in the ambient air that shall cause an undesirable level. 

HISTORY: 1962 Code Section 63-195.14; 1952 Code Section 70-118; 1950 (46) 2153; 1969 (56) 764; 

1970 (56) 2512; 1974 (58) 2334; 1980 Act No. 319, Section 4; 1985 Act No. 172, Section 1; 1993 Act 

No. 181, Section 1173. 

SECTION 48-1-115. Public notice of sludge storage facility construction permit. 

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The department shall provide public notice before issuing a construction permit pursuant to Regulation 

61-67 for a facility that stores sludge or other residuals, or any combination of these, that is not located at 

the site of a wastewater or sludge treatment facility permitted pursuant to Regulation 61-67. Public notice 

must be provided in accordance with Regulation 61-9. 

HISTORY: 2006 Act No. 329, Section 1. 

SECTION 48-1-120. Determination and correction of undesirable level. 

If the Department shall determine that an undesirable level exists, it shall take such action as necessary 

to control such condition.

The Department shall grant such time as is reasonable for the owner or operator of a source to correct 

the undesirable level, after taking all factors into consideration that are pertinent to the issue.

In making its order and determinations, the Department shall take into consideration all the facts and 

circumstances bearing upon the reasonableness of the emissions involved including, but not limited to:

 (a) The character and degree of injury to, or interference with, the health and physical property of the 

people; 

 (b) The social and economic value of the source of the undesirable levels;

 (c) The question of priority of location in the area involved; and 

 (d) The technical practicability and economic reasonableness of reducing or eliminating the 

emissions resulting from such source.

If the undesirable level is not corrected within the required time, then the Department shall issue an 

order to cease and desist from causing such emissions. 

HISTORY: 1962 Code Section 63-195.15; 1965 (54) 687; 1970 (56) 2512. 

SECTION 48-1-130. Order for discontinuance of discharge of wastes or air contaminants.

A person discharging sewage, industrial waste, or other waste or air contaminant into the environment 

of the State, in such manner or quantity as to cause pollution, without regard to the time that the discharge 

began or whether or not the continued discharge has been by virtue of a permit issued by the department, 

shall discontinue the discharge upon receipt of an order of the department. An order is subject to review 

pursuant to Section 44-1-60 and the Administrative Procedures Act. This section does not abrogate any of 

the department's emergency powers.

HISTORY: 1962 Code Section 63-195.16; 1952 Code Section 70-120; 1950 (46) 2153; 1970 (56) 

2512; 2012 Act No. 198, Section 2, eff June 6, 2012. 

SECTION 48-1-140. Revision or modification of national pollutant discharge elimination system or final 

compliance date for stationary source or class or sources of air pollution. 

(a) The Department may, after notice and opportunity for a public hearing, revise or modify a national 

pollutant discharge elimination system permit in accordance with the procedures and criteria set out in 

Sections 301(c), 302 and 316(a) of the Federal Water Pollution Control Act Amendments of 1972. 

(b) The Department may, after notice and opportunity for a public hearing, revise or modify a final 

compliance date for any stationary source or class or sources of air pollution whether contained in 

regulations or a compliance order, if the Department determines that 

 (1) good faith efforts have been made to comply with such requirement before such date;

 (2) such source (or class) is unable to comply with such requirement because the necessary 

technology or other alternative methods of control are not reasonably available or have not been available 

for a sufficient period of time;

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 (3) any available alternative operating procedures and interim control measures have reduced or will 

reduce the impact of such source on public health; 

 (4) the continued operation of such source is essential to national security or to the public health or 

welfare.

 Provided, however, that where the compliance date is one prescribed in the State Implementation 

Plan, the findings and recommendations of the Department shall be submitted to the Governor for 

transmittal to the Administrator of the Federal Environmental Protection Agency or his designated 

representative for his concurrence or rejection. Rejection by the administrator may constitute grounds for 

rejection of a request for modification or revisions of such compliance requirement.

(c) Any determination under items (a) or (b) of this section shall (1) be made on the record after notice 

to interested persons and opportunity for hearing, (2) be based upon a fair evaluation of the entire record 

at such hearing, and (3) include a statement setting forth in detail the findings and conclusions upon 

which the determination is based.

HISTORY: 1962 Code Section 63-195.17; 1965 (54) 687; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 

241; 1978 Act No. 463. 

SECTION 48-1-150. Situations in which public hearing is required or authorized. 

Public hearings shall be conducted by the Department prior to action by the Department in the 

classification of the waters or the adoption of standards of purity and quality thereof as provided by this 

chapter. The Department may conduct public hearings prior to action in the following cases, either of its 

own volition or upon the request of affected persons, (a) an order of determination of the Department 

requiring the discontinuance of discharge of sewage, industrial waste or other wastes into the waters of 

the State or air contaminant into the ambient air, (b) an order issuing, denying, revoking, suspending or 

modifying a permit, (c) a determination that a discharge constitutes pollution of waters of a marine district 

and (d) any other proceeding resulting in a finding of fact or determination that a discharge of air 

contaminants into the ambient air or sewage, industrial waste or other wastes into the waters of the State 

contravenes the standards established for such air and waters.

HISTORY: 1962 Code Section 63-195.18; 1952 Code, Section 70-125; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-160. Conduct of hearing; decision of department. 

The hearings herein provided for may be conducted by the Department at a regular or special meeting 

or it may delegate to any member, to the executive director or to any employee or agent of the 

Department, the authority to conduct such hearings in the name of the Department at any time and place. 

But the Department shall make all necessary decisions as to the matter under consideration. Such 

decision may be based solely upon the record of any hearing conducted by the Department or by its duly 

authorized representative.

HISTORY: 1962 Code Section 63-195.19; 1952 Code Section 70-126; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-170. Records of hearings and decisions.

In any hearing held by the Department in which a quasi-judicial decision is rendered, the Department 

shall make a record of the decision and secure its prompt publication. The decision shall include a 

statement of the facts in controversy, the decision of the Department, the law or regulation upon which 

the decision is based and any other information deemed necessary.

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 To serve as a guide and precedent of the policy of the Department, the decisions shall be 

chronologically numbered according to date and compiled in an annual report similar in style to the 

reports of the Supreme Court. The reports of these decisions shall be made available to the public.

If any person concerned with such hearing requests it, a complete transcript of the testimony presented 

shall be made and filed. 

HISTORY: 1962 Code Section 63-195.20; 1952 Code Section 70-127; 1950 (46) 2153; 1970 (56)

2512. 

SECTION 48-1-180. Oaths; examination of witnesses; subpoenas.

In any such hearing, any member of the Department, the executive director or any employee or agent 

thereof authorized by the Department may administer oaths, examine witnesses and issue in the name of 

the Department notices of hearings and subpoenas requiring the attendance and testimony of witnesses 

and the production of evidence relevant to any matter involved in any such hearing. Witnesses shall 

receive the same fees and mileage as in civil actions.

HISTORY: 1962 Code Section 63-195.21; 1952 Code Section 70-128; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-190. Refusal to obey notice of hearing or subpoena. 

In case of refusal to obey a notice of hearing or subpoena, the court of common pleas shall have 

jurisdiction, upon application of the Department, to issue an order requiring such person to appear and 

testify or produce evidence, as the case may require, and any failure to obey such order of the court may 

be punished by the court as a contempt thereof. 

HISTORY: 1962 Code Section 63-195.22; 1952 Code Section 70-129; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-200. Appeals. 

Any person may appeal from any order of the Department within thirty days after the filing of the 

order, to the court of common pleas of any county in which the pollution occurs. The Department shall 

thereupon certify to the court the record in the hearing. The court shall review the record and the 

regularity and the justification for the order, on the merits, and render judgment thereon as in ordinary 

appeals in equity. The court may order or permit further testimony on the merits of the case, in its 

discretion such testimony to be given either before the judge or referee by him appointed. From such 

judgment of the court an appeal may be taken as in other civil actions.

HISTORY: 1962 Code Section 63-195.23; 1952 Code Section 70-131; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-210. Duties of Attorney General and solicitors. 

The Attorney General shall be the legal adviser of the Department and shall upon request of the 

Department institute injunction proceedings or any other court action to accomplish the purpose of this 

chapter. In the prosecution of any criminal action by the Attorney General and in any proceeding before a 

grand jury in connection therewith the Attorney General may exercise all the powers and perform all the 

duties which the solicitor would otherwise be authorized or required to exercise or perform and in such a 

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proceeding the solicitor shall exercise such powers and perform such duties as are requested of him by the 

Attorney General.

HISTORY: 1962 Code Section 63-195.24; 1952 Code Section 70-132; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-220. Institution of prosecutions.

Prosecutions for the violation of a final determination or order shall be instituted only by the 

Department or as otherwise provided for in this chapter. 

HISTORY: 1962 Code Section 63-195.25; 1952 Code Sections 70-134, 70-135; 1950 (46) 2153; 1970 

(56) 2512; 1975 (59) 241. 

SECTION 48-1-230. Disposition of funds.

Any funds appropriated to or received by the Department shall be deposited in the State Treasury as 

provided by law. Such funds shall be paid out on warrants issued by the State as prescribed by law, but 

only on order of the authorized representatives of the Department and in accordance with an annual 

budget or amendments thereto approved by the Department at an official meeting, such order being the 

authority of the proper fiscal officials of the State for making payment. 

HISTORY: 1962 Code Section 63-195.26; 1952 Code Section 70-136; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-240. Chapter remedies are cumulative; estoppel.

It is the purpose of this chapter to provide additional and cumulative remedies to abate the pollution of 

the air and waters of the State and nothing herein contained shall abridge or alter rights of action in the 

civil courts or remedies existing in equity or under the common law or statutory law, nor shall any 

provision in this chapter or any act done by virtue of this chapter be construed as estopping the State, 

persons or municipalities, as riparian owners or otherwise, in the exercise of their rights under the 

common law, statutory law or in equity to suppress nuisances or to abate any pollution. 

HISTORY: 1962 Code Section 63-195.27; 1952 Code Section 70-137; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-250. No private cause of action created.

No private cause of action is created by or exists pursuant to this chapter. A determination by the 

department that pollution exists or a violation of a prohibition contained in this chapter has occurred, 

whether or not actionable by the State, creates no presumption of law or fact inuring to or for the benefit 

of a person other than the State.

HISTORY: 1962 Code Section 63-195.28; 1952 Code Section 70-138; 1950 (46) 2153; 1970 (56) 

2512; 2012 Act No. 198, Section 3, eff June 6, 2012. 

SECTION 48-1-260. Conditions within industrial plants and employer-employee relations not affected.

 Nothing contained in this chapter shall be deemed to grant to the Department any authority to make any 

rule, regulation or determination or to enter any order with respect to air conditions existing solely within 

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the industrial boundaries of commercial and industrial plants, works or shops or to affect the relations 

between employers and employees with respect to or arising out of any air pollution within such 

boundaries. 

HISTORY: 1962 Code Section 63-195.29; 1965 (54) 687; 1970 (56) 2512. 

SECTION 48-1-270. Availability of records, reports, and information to the public; confidentiality of 

trade secrets.

Any records, reports or information obtained under any provision of this chapter shall be available to 

the public. Upon a showing satisfactory to the Department by any person that records, reports or 

information, or particular parts thereof, other than effluent or emission data, if made public would divulge 

methods or processes entitled to protection as trade secrets of such person, the Department shall consider 

such record, report or information or particular portion thereof confidential in the administration of this 

chapter.

HISTORY: 1962 Code Section 63-195.30; 1965 (54) 687; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 

241. 

SECTION 48-1-280. Health laws not affected.

Nothing herein contained shall be construed to postpone, stay or abrogate the enforcement of the 

provisions of the public health laws of this State and rules and regulations promulgated hereunder in 

respect to discharges causing actual or potential hazards to public health nor to prevent the Department of 

Health and Environmental Control from exercising its right to prevent or abate nuisances. 

HISTORY: 1962 Code Section 63-195.31; 1952 Code Section 70-139; 1950 (46) 2153; 1970 (56) 

2512. 

SECTION 48-1-290. Emergency orders.

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 on 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.

HISTORY: 1962 Code Section 63-195.32; 1970 (56) 2512; 1975 (59) 241. 

SECTION 48-1-300. Certain violations excused.

The civil and criminal liabilities herein imposed upon persons violating the provisions hereof shall not 

be construed to include any violation which was caused by an act of God, war, strike, riot or other 

catastrophe as to which negligence on the part of such person was not the proximate cause.

HISTORY: 1962 Code Section 63-195.33; 1952 Code Section 70-122; 1950 (46) 2153; 1970 (56) 

2512. 

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SECTION 48-1-310. Local air pollution control programs. 

The governing body of any county is hereby authorized to establish, administer and enforce a local air 

pollution control program, subject to the approval of the Department. Such programs shall be formulated 

in accordance with standards and procedures adopted by the Department, and shall be subject to periodic 

review by the Department, which shall have the power to invalidate such programs if found to be 

unsatisfactory. County pollution control authorities, when constituted under this section, are hereby 

authorized to exercise in the geographic area involved all of the powers specified in this chapter, 

including the authority to adopt rules, regulations and procedures for the control of air pollution.

HISTORY: 1962 Code Section 63-195.34; 1970 (56) 2512. 

SECTION 48-1-320. Penalties for violation of Pollution Control Act.

A person who wilfully or with gross negligence or recklessness violates a provision of this chapter or a 

regulation, permit, permit condition, or final determination or order of the department is guilty of a 

misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than 

twenty-five thousand dollars for each day's violation or be imprisoned for not more than two years, or 

both. 

HISTORY: 1962 Code Section 63-195.35; 1952 Code Section 70-133; 1950 (46) 2153; 1964 (53) 

2393; 1969 (56) 764; 1970 (56) 2512; 1973 (58) 788; 1975 (59) 241; 2001 Act No. 95, Section 1. 

SECTION 48-1-330. Civil penalties.

Any person violating any of the provisions of this chapter, or any rule or regulation, permit or permit 

condition, final determination or order of the Department, shall be subject to a civil penalty not to exceed 

ten thousand dollars per day of such violation. 

HISTORY: 1962 Code Section 63-195.35:1; 1973 (58) 788; 1975 (59) 241. 

SECTION 48-1-340. False statements, representations or certifications; falsifying, tampering with, or 

rendering inaccurate monitoring devices or methods. 

Any person who knowingly makes any false statement, representation or certification in any 

application, record, report, plan or other document filed or required to be maintained under this chapter or 

who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to 

be maintained under this chapter, shall be subject to the civil or criminal provisions contained in this 

chapter. For the purposes of this section the term "person" shall mean, in addition to the definition 

contained in Section 48-1-10, any responsible corporate officer. 

HISTORY: 1975 (59) 241.

SECTION 48-1-350. Penalties constitute debts to State; liens; disposition of moneys collected.

All penalties assessed under this chapter are held as a debt payable to the State by the person against 

whom they have been charged and constitute a lien against the property of the person. One-half of the 

civil penalties collected inure to the benefit of the county. The criminal penalties collected pursuant to 

Section 48-1-320 must be collected and distributed pursuant to Section 14-1-205. 

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HISTORY: 1962 Code Section 63-195.36; 1970 (56) 2512; 1994 Act No. 497, Part II, Section 36O. 

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