Appendix M 

Adopted State Measures 
TABLE OF CONTENTS 

I. New Source Review Regulations .............................................................................................................1

A. South Carolina Air Pollution Control Regulation R. - Definitions, and General Requirements, ......

 Section II - Permit Requirements ..................................................................................................... 1

B. South Carolina Air Pollution Control Regulation R. 61-62.5, Std. No. 7 - Prevention of Significant 

 Deterioration.................................................................................................................................... 1

C. South Carolina Air Pollution Control Regulation R. 61-62.5, Std. No. 7.1 - Nonattainment New ....

 Source Review .................................................................................................................................. 1

II. NOx Regulations.....................................................................................................................................2

A. South Carolina Air Pollution Control Regulation R. 61-62.5, Std. No. 2 - Ambient Air Quality ......

 Standards.......................................................................................................................................... 2

B. South Carolina Air Pollution Control Regulation R. 61-62.5, Std. No. 5.2 - Control of Oxides of ...

 Nitrogen (NOx)................................................................................................................................. 2

C. South Carolina Air Pollution Control Regulation R. 61-62.96 - Nitrogen Oxides (NOx) Budget .....

 Trading Program.............................................................................................................................. 2

D. South Carolina Air Pollution Control Regulation R. 61-62.99 - Nitrogen Oxides (NOx) Budget .....

 Program Requirements for Stationary Sources Not In the Trading Program.................................. 2

E. South Carolina Air Pollution Control Regulation R. Regulation 61-62.2 - Prohibition of Open ......

 Burning............................................................................................................................................. 2

III. VOC Regulations...................................................................................................................................2

A. South Carolina Air Pollution Control Regulation R. 61-62.5 Std. No. 5 - Volatile Organic ............

 Compounds....................................................................................................................................... 2

B. South Carolina Air Pollution Control Regulation R. 61-62.5 Std. No. 5.1 - Best Available Control 

 Technology (BACT) / Lowest Achievable Emission Rate ("LAER") Applicable to Volatile Organic 

 Compounds....................................................................................................................................... 3

IV. Other State Control Measures................................................................................................................3

A. Clean Air Interstate Rule .................................................................................................................. 3

B. Permitting Requirements Involving Emission Offsets - Conditions for Approval ........................... 3
V. Emissions Inventory................................................................................................................................5

VI. Reasonably Available Control Measures (RACM) ...............................................................................5

A. Reasonably Available Control Technology (RACT)........................................................................ 6

B. Early Action Compacts ..................................................................................................................... 6

C. Take a Break from the Exhaust......................................................................................................... 7

D. Overall RACM Conclusions............................................................................................................. 7
ATTACHMENTS - APPENDIX M2 

SC AIR POLLUTION CONTROL REGULATION R. 61-62.1 

 Definitions And General Requirements 

SC AIR POLLUTION CONTROL REGULATION R. 61-62.2 

 Prohibition Of Open Burning 

SC AIR POLLUTION CONTROL REGULATION R, 61-62.5, STANDARD NO. 2 

 Ambient Air Quality Standards 

SC AIR POLLUTION CONTROL REGULATION R. 61-62.5, STANDARD NO. 5 

 Volatile Organic Compounds

SC AIR POLLUTION CONTROL REGULATION R. 61-62.5, STANDARD NO. 5.1 

 Best Available Control Technology (BACT)/Lowest Achievable Emission Rate (“LAER”) 

Applicable To Volatile Organic Compounds 

SC AIR POLLUTION CONTROL REGULATION R. 61-62. 5, STANDARD NO. 5.2 

Control Of Oxides Of Nitrogen (NOx) 

SC AIR POLLUTION CONTROL REGULATION R. 61-62.5, STANDARD NO. 7 

 Prevention Of Significant Deterioration

SC AIR POLLUTION CONTROL REGULATION R. 61-62.5, STANDARD NO. 7.1 

 Nonattainment New Source Review (NSR) 

SC AIR POLLUTION CONTROL REGULATION R. 61-62.96 

 Nitrogen Oxides (NOx) Budget Trading Program 

SC AIR POLLUTION CONTROL REGULATION R. 61-62.99 

Nitrogen Oxides (NOx) Budget Program Requirements For Stationary Sources Not In The Trading 

Program 
1 

ADOPTED STATE MEASURES 

 The South Carolina Code of Laws, as amended, South Carolina Air Pollution Control Regulation R. 

61-62 - Air Pollution Control Regulations and Standards, has been promulgated as necessary to maintain 

reasonable standards of purity of the air resources of the State, consistent with the public health, safety, 

and welfare of its citizens. This appendix contains the regulations and standards that have been 

promulgated and other State initiatives that have been implemented which include enforceable emission 

limitations, and such other control measures, means or techniques as may be necessary or appropriate to 

provide for attainment of the 8-hour ozone NAAQS. The following is a brief synopsis of the ozone 

control measures already implemented in the RFATS MPO nonattainment area in South Carolina: 

I. New Source Review Regulations 

 On December 31, 2002, the EPA finalized revisions governing the New Source Review (NSR) 

program. The major NSR program is a preconstruction review and permitting program applicable to new 

or modified major stationary sources of air pollutants. In areas not meeting health-based NAAQS, the 

program is referred to as the Prevention of Significant Deterioration (PSD) program. Collectively, these 

programs are commonly referred to as the major NSR program. 

 In accordance with EPA's final rule revisions, state agency programs must adopt and submit 

revisions to their SIPs to include the minimum program elements outlined in the final rules. States may 

choose to adopt provisions that differ from the final rules; however, to be approvable under the SIP, the 

state must show that the regulation is at least as stringent as EPA's amendments. 

 After a lengthy stakeholder process, SCDHEC submitted revisions to the Legislature in January 2005 

to comply with the EPA requirements. The revisions adopted by SCDHEC differ from the federal 

revisions in several key respects and have the effect of being more stringent than the federal rules. These 

revisions were approved by the General Assembly and became effective upon publication in the State 

Register on June 24, 2005. The final regulations promulgated amendments to regulations R. 61-62.1, 

Definitions and General Requirements, and R. 61-62.5, Standard 7, Prevention of Significant 

Deterioration, and also promulgated a new regulation, 61-62.5, Standard No. 7.1, Nonattainment New 

Source Review. 

 A. South Carolina Air Pollution Control Regulation R. - Definitions, and General 

Requirements, Section II - Permit Requirements 

 This regulation implements a program for the minor new source review permitting program which 

enhances the State's prevention of significant deterioration of air quality initiatives. 

 B. South Carolina Air Pollution Control Regulation R. 61-62.5, Std. No. 7 - Prevention of 

Significant Deterioration 

 This regulation implements a program for the prevention of significant deterioration of air quality for 

sources located in or proposing to be constructed in an unclassifiable/attainment areas of the State. 

 C. South Carolina Air Pollution Control Regulation R. 61-62.5, Std. No. 7.1 - Nonattainment 

New Source Review 

 Sources located in or proposing to be constructed in nonattainment areas are subject to the 

requirements of Regulation R. 61-62.5, Std. No. 7.1. 
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II. NOx Regulations 

 These regulations specify the requirements for controlling NOx and for demonstrating compliance 

with NOx limitations and the NOx SIP Call. 

 A. South Carolina Air Pollution Control Regulation R. 61-62.5, Std. No. 2 - Ambient Air 

Quality Standards 

 This regulation contains the State of South Carolina ambient air quality standards which have 

recently been amended to include the 8-hour ozone standards. 

 B. South Carolina Air Pollution Control Regulation R. 61-62.5, Std. No. 5.2 - Control of Oxides 

of Nitrogen (NOx) 

 This regulation contains the NOx control standards applicable to affected stationary sources that emit 

or has the potential to emit NOx generated from fuel combustion. 

 C. South Carolina Air Pollution Control Regulation R. 61-62.96 - Nitrogen Oxides (NOx) 

Budget Trading Program

 On October 27, 1998, the EPA finalized a Nitrogen Oxides (NOx) State Implementation Plan (SIP) 

Call Rule. The NOx SIP Call was designed to reduce the regional transport of ground-level ozone 

through reductions in NOx from electric generating unit (EGU) sources and from some non-EGU sources. 

The rule requires that, beginning in 2004, NOx reductions must occur during ground-level ozone season 

in states whose NOx emissions have been identified as contributing to 1-hour ozone standard nonattainment in "downwind" states. The rule also requires states to identify pollution-reduction measures 

and develop a plan to achieve these reductions. 

 Each state subject to the NOx SIP Call regulation has a NOx budget that the state allocates to 

applicable sources. The budget is based on cost-effective reductions in emissions that can be achieved by 

the affected sources. South Carolina's state trading program budget, as specified in Regulation 61-62.96, 

Nitrogen Oxides (NOx) Budget Trading Program, is 19,678 tons. The NOx SIP Call regulation will be 

repealed after 2009 upon implementation of the Clean Air Interstate Rule. 

 D. South Carolina Air Pollution Control Regulation R. 61-62.99 - Nitrogen Oxides (NOx) 

Budget Program Requirements for Stationary Sources Not In the Trading Program

 This regulation details the requirements for controlling NOx emissions from Cement Manufacturing. 

 E. South Carolina Air Pollution Control Regulation R. Regulation 61-62.2 - Prohibition of 

Open Burning

 The revision of Regulation 61-62.2 - Prohibition of Open Burning, includes a ban of certain open 

burning during the ozone season for additional control of NOx emissions. 

III. VOC Regulations 

 A. South Carolina Air Pollution Control Regulation R. 61-62.5 Std. No. 5 - Volatile Organic 

Compounds 

 This regulation contains requirements for controlling VOCs. 
3 

 B. South Carolina Air Pollution Control Regulation R. 61-62.5 Std. No. 5.1 - Best Available 

Control Technology (BACT) / Lowest Achievable Emission Rate ("LAER") Applicable to Volatile 

Organic Compounds

 This regulation contains requirements for statewide BACT for controlling VOCs. 

IV. Other State Control Measures 

 A. Clean Air Interstate Rule 

 On March 10, 2005 the EPA finalized the Clean Air Interstate Rule, also referred to as CAIR. On 

May 12, 2005, CAIR was published in the Federal Register. 

 CAIR affects 28 states and the District of Columbia, whose emissions of sulfur dioxide (SO2) and/or 

NOx produced by EGU sources and some non-EGU sources contribute significantly to the nonattainment 

of the National Ambient Air Quality Standards (NAAQS) for fine particles (PM2.5) and/or 8-hour ozone 

in downwind states. (SO2 and NOx are both precursors to ground-level ozone formation, and NOx is also 

a precursor to PM2.5 formation.) The EPA has determined that EGU sources in South Carolina are 

affecting the nonattainment of ozone and PM2.5 standards in downwind states. CAIR is a cap-and-trade 

program for NOx and SO2 emissions from affected facilities and has two phases of implementation: 

 Phase I which begins in 2009 for NOx (annual and ozone season) and 2010 for SO2; and 

 Phase II which begins in 2015 for both pollutants. 

 CAIR was due for submission to the EPA for approval on September 11, 2006. South Carolina is 

one of many states that did not meet this deadline because of a lengthy regulatory process. SCDHEC is

working closely with EPA Region 4 toward implementation of the State's rule. SCDHEC has adopted the 

federal CAIR with modifications in areas where the state has flexibility. A Notice of Drafting was 

published in the State Register on July 22, 2005; a second Notice of Drafting was published in the State 

Register on February 24, 2006. The initial approval to proceed with the proposed regulation was given by 

the SCDHEC Board on September 14, 2006. The Notice of Proposed Rule was first published in the 

State Register on October 27, 2006. A public hearing before the SCDHEC Board was held on January 

11, 2007. On January 22, 2007, the proposed regulation was submitted to the South Carolina Legislature 

for approval. In March of 2007, SCDHEC submitted a request to EPA Region 4 for parallel processing. 

SCDHEC anticipates the proposed regulation to become state-efffective upon publication in the State 

Register in mid-Summer 2007. South Carolina is working with USEPA to complete the parallel 

processing at this time. 

 B. Permitting Requirements Involving Emission Offsets - Conditions for Approval 

 If SCDHEC finds that the major stationary source or major modification would be constructed in an 

area designated in 40 CFR 81.341 as nonattainment for a pollutant for which the stationary source or 

modification is major, approval may be granted only if the following conditions are met: 

 (A) The major stationary source or major modification is required to meet an emission 

limitation which specifies the lowest achievable emission rate (LAER) for such source. 

 (B) The applicant must certify that all existing major sources owned or operated by the 

applicant (or any entity controlling, controlled by, or under common control with the applicant) in the 
4 

same State as the proposed source are in compliance with all applicable emission limitations and 

standards under the Clean Air Act (or are in compliance with an expeditious schedule which is Federally 

enforceable or contained in a court decree). 

 (C) The owner or operator of the proposed new major stationary source or major modification 

will obtain sufficient emission reductions of the nonattainment pollutant from other sources. Emission

reductions shall be in effect and enforceable prior to the date the new source or modification commences 

operation. The emission reductions shall be obtained in accordance with the following provisions: 

 

 (1) Where the permitted emissions limit allows greater emissions than the potential to emit 

of the source, emissions offset credit will be allowed only for control below this potential; 

 (2) For an existing fuel combustion source, credit shall be based on the allowable 

emissions for the type of fuel being burned at the time the application to construct is filed. If the existing 

source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the 

allowable (or actual) emissions for the fuels involved is not acceptable, unless the permit is conditioned to 

require the use of a specified alternative control measure which would achieve the same degree of 

emissions reduction should the source switch back to a dirtier fuel at some later date. 

 (3) (a) Emissions reductions achieved by shutting down an existing source or curtailing 

production or operating hours below baseline levels may be generally credited if such reductions are 

permanent, quantifiable, federally enforceable, occurred on or after the date of the most recent emissions 

inventory, and if the area has an EPA-approved attainment plan. 

 

 (b) Such reductions may be credited if the shutdown or curtailment occurred on or 

after the date the new source permit application is filed, or, if the applicant can establish that the proposed 

new source is a replacement for the shutdown or curtailed source, and the cutoff date provision of 

paragraph (d)(C)(iii)(a) of Standard 7.1 are observed. 

 

 (4) No emissions credit may be allowed for replacing one hydrocarbon compound with 

another of lesser reactivity, except for those compounds listed in Table 1 of EPA's "Recommended Policy 

on Control of Volatile Organic Compounds" (42 FR 35314, July 8, 1977); 

 (5) All emission reductions claimed as offset credit shall be federally enforceable; 

 (6) Location of offsetting emissions. Emission offsets shall be obtained from sources 

currently operating within the same designated nonattainment area as the new or modified stationary 

source. Emission offsets may be obtained from another nonattainment area with the Department's 

approval only if: 

 (a) The other area has an equal or higher nonattainment classification than the area in 

which the proposed source is located; and, 

 (b) Emissions from the other area contribute to a violation of the NAAQS in the 

nonattainment area in which the source is located. 

 (7) Emission offsetting ratios. Emission offsets shall be required in nonattainment areas in 

accordance with the following provisions: 

 (a) Emissions for carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide 

(SO2), lead (Pb), particulate matter (PM10 and PM2.5) nonattainment areas shall be offset at a ratio 
5 

greater than one to one. 

 (b) Emissions for ozone nonattainment areas shall be offset for volatile organic 

compounds (VOCs) and nitrogen oxides (NOx) in accordance with the following table: 

Designation Offset ratios 

Subpart I >1 to 1 

Marginal 1.1 to 1 

Moderate 1.15 to 1 

Serious 1.2 to 1 

Severe 1.3 to 1 

Extreme 1.5 to 1 

 (8) Credit for an emissions reduction can be claimed to the extent that the Department has 

not relied on it in issuing any permit under regulations approved pursuant to 40 CFR part 51 subpart I or 

the Department has not relied on it in demonstrating attainment or reasonable further progress. 

 (9) Decreases in actual emissions resulting from the installation of add-on control 

technology or application of pollution prevention measures that were relied upon in designating an 

emissions unit as a Clean Unit or a project as a PCP cannot be used as offsets. 

 (10) Decreases in actual emissions occurring at a Clean Unit cannot be used as offsets, 

except as provided in paragraphs (f)(8) and (g)(10) of Regulation 61-62.5, St. No. 7.1. Similarly, 

decreases in actual emissions occurring at a PCP cannot be used as offsets, except as provided in 

paragraph (h)(6)(iv) of Regulation 61-62.5, St. No. 7.1. 

 (11) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset in accordance with section 173 of the Clean Air Act shall be determined 

by summing the difference between the allowable emissions after the modification (as defined by 

paragraph (b)(3) of Regulation 61-62.5, St. No. 7.1) and the actual emissions before the modification (as 

defined in paragraph (c)(1) of Regulation 61-62.5, St. No. 7.1) for each emissions unit. 

 (D) The emission offsets must provide a positive net air quality benefit in the affected area as 

determined by 40 CFR 51, Appendix S, Emission Offset Interpretative Ruling. 

 (E) Alternative Sites Analysis. An analysis of alternative sites, sizes, production processes, and 

environmental control techniques for such proposed source demonstrates that benefits of the proposed 

source significantly outweigh the environmental and social costs imposed as a result of its location, 

construction, or modification shall be required. 

V. Emissions Inventory 

 South Carolina Air Pollution Control Regulation R. 61-62.1 - Definitions, and General 

Requirements, Section III - Emissions Inventory 

 This regulation requires the submittal of emissions inventory information by affected sources. 

VI. Reasonably Available Control Measures (RACM) 
6 

 Reasonably Available Control Measures is a broadly defined term referring to technologies and other 

measures that can be used to control pollution; includes Reasonably Available Control Technology (see 

Appendix R - RACT SIP) and other measures. 

 EPA's final 8-hour ozone implementation rule in 40 CFR 51.912(d) pursuant to section 172(c)(1) of 

the CAA requires the attainment demonstration SIP submittal to include "a SIP revision demonstrating 

that it has adopted all RACM necessary to demonstrate attainment as expeditiously as practicable and to 

meet any RFP requirements." In addition, EPA's RACM policy indicates that areas should consider all 

candidate measures that are potentially available, including any that have been suggested for the 

particular nonattainment area. Although areas should consider all available measures, areas need only to 

adopt measures if they are both economically and technologically feasible and will contribute to timely 

attainment or are necessary for RFP. Measures which might be available but would not advance 

attainment or contribute to RFP need not be considered RACM. 

 A. Reasonably Available Control Technology (RACT)

 The case-by-case RACT analysis for existing sources located in the ozone nonattainment area with 

the potential to emit greater than 100 tons per year of NOx and/or VOC is found in Appendix R - RACT 

SIP. 

 B. Early Action Compacts 

 On August 22, 2002, DHEC published a Notice of Drafting in the State Register announcing its 

intent to pursue Early Action Compacts (EAC) for the 8-hour ozone standard. Through the EAC process, 

local, state, and EPA officials commit to working together to develop and implement plans that will 

reduce ozone pollution so that areas are attaining the 8-hour ozone standard earlier than would be required 

by the Clean Air Act. Only areas that are attaining the 1-hour ozone standard are eligible to participate in 

the EAC process. The compact requires these areas to attain the 8-hour ozone standard by December 31,

2007, a date that is sooner than would otherwise be required through the traditional nonattainment 

designation process. 

 At the end of 2002, 45 of South Carolina's 46 counties, SCDHEC, and USEPA Region 4 had signed 

compacts to implement ozone reduction strategies earlier than federally required. Statewide stakeholder 

groups involving local and federal governments, industry, environmental groups, and other interested 

parties have worked together to plan and implement strategies for ozone pollution prevention throughout 

the state. Plans involve mobile source pollution reduction, outreach actions, and point source prevention, 

which provide flexibility and foster "homegrown" solutions. 

 The most important reasons for moving forward in this proactive manner are the public health 

benefits realized by meeting the new standard sooner than required and also the deferral of the effective 

date of a nonattainment designation. 

 As part of this process, the EAC stakeholders developed statewide regulations aimed at achieving 

additional reductions in ozone precursors. One new regulation that was developed as part of this process 

was South Carolina Air Pollution Control Regulation R. 61-62.5, Standard 5.2, Control of Oxides of 

Nitrogen (NOx). This is a broad-based regulation that applies statewide to new and existing stationary 

sources that emit NOx from fuel combustion and have not undergone a best available control technology 

(BACT) analysis for NOx. For new sources, the regulation requires the installation of control technology 

that is based on BACT standards found in the RACT/BACT/LAER clearinghouse. For existing sources, 

the regulation only applies when an applicable unit replaces their burner. At this point, they will be 

required to replace their burner with a low NOx burner or equivalent technology capable of achieving a
7 

30 percent reduction from uncontrolled levels. 

 Also, as part of the EAC process, South Carolina Air Pollution Control Regulation R. 61-62.2, 

Prohibition of Open Burning, was revised by deleting the exception for the burning of household trash, 

revising the exception for the burning of construction waste, and revising the exception for fires set for 

the purpose of firefighter training. The burning of household trash presents health and environmental

concerns for many communities. The smoke generated from these activities is a nuisance to some and a 

health threat to others with asthma or other respiratory problems. With respect to the exception for the 

burning of construction waste, the regulation was revised to allow only residential construction waste to 

be burned outside the ozone season, and this will only be allowed if it meets the provisions of the 

regulation. Finally, the exception for the purpose of firefighter training was revised to ensure that

minimum health, environmental, and safety concerns are addressed. 

 These regulations were approved by the SCDHEC Board in January 2004, and, in accordance with 

South Carolina law, they were subsequently submitted to the Legislature for approval. The South 

Carolina General Assembly approved the regulations, and the rules were published and became effective 

upon publication in the State Register on June 25, 2004. 

 In accordance with the EAC process, SCDHEC incorporated the statewide regulations and the local 

early action plans into the agency's Early Action SIP revision and submitted it to the USEPA in December 

2004, for review and approval. 

 C. Take a Break from the Exhaust 

 Take a break from the exhaust (TABFTE) is an alternative commute initiative that uses a competitive 

model in which points are assigned/ awarded for each action that is done to minimize air pollution. A

computer program is used by participants to report their actions and to record their daily points. The webbased program is available to state and local government, industry, and the public. The program tracks 

and calculates vehicle miles, determines emission reductions, is free and requires no additional 

equipment. 

 TABFTE was started by the SCDHEC Bureau of Air Quality in 2001 and used by the bureau staff. 

In 2003, it was awarded the Governor's Pollution Prevention Award and became internet accessible. The

program was expanded to other state agencies in 2004. 

 The primary benefits of TABFTE are reduced emissions from mobile sources, increased awareness 

of the impact of mobile sources on air quality, and it encourages participants to take voluntary actions to 

help improve air quality. 

 D. Overall RACM Conclusions 

 A number of emissions controls programs have been implemented in South Carolina since the Clean 

Air Act Amendments of 1990, and substantial further emissions reductions will occur in the State as well 

as the Metrolina area in 2007. SCDHEC intends to continue to investigate and, where appropriate, adopt 

additional measures that would reduce emissions of ozone precursors even further. Such measures may 

help the State in the future, as it moves towards attainment of the eight-hour ozone NAAQS. The source 

categories emitting the vast preponderance of ozone precursor emissions in the State are already subject 

to control requirements. South Carolina has adopted all of the above RACM and have since determined 

that there are no additional technologically and economically feasible control measures that would result 

in South Carolina attaining the one-hour ozone NAAQS earlier than 2007. 
ATTACHMENTS - APPENDIX M2