# Appendix A Notice of Drafting, Notice of Proposed Regulation,

And Staff Informational Forum Sign-In Sheet and TranscriptNotice of Drafting: July 23, 2010 ..........................................................................................3 Notice of Proposed Regulation: November 26, 2010 ............................................................6 Staff Information Forum Sign-In Sheet .................................................................................12 Transcript of Staff Informa tional Forum: December 29, 2010..............................................14

### Notice of Drafting: July 23, 2010DRAFTING NOTICES 11

South Carolina State Register Vol. 34, Issue 7 July 23, 2010 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq. Notice of Drafting: The Department of Health and Environmental Control is proposing to amend Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, R. 61-62.5, Standard No. 7.1, Nonattainment New Source Review (NSR) and the South Carolina Air Quality Implem entation Plan (State Implementation Plan or SIP). This notice is being published to rene w the revisions previously establishe d by the September 26, 2008, Notice of Drafting published in Volume 32, Issue 9 of the South Carolina State Register, and to initiate the promulgation process to amend a different part of the same regulation. Interested persons are invited to present their views concerning these amendments in writing to Alan Hancock, Regulation and SIP Management Section, Bureau of Air Quality, 2600 Bull Str eet, Columbia, SC 29201, via electronic mail at hancocam@dhec.sc.gov, or via facsimile at (803) 898-4117. To be considered, the Department must receive comments by August 23, 2010, the close of the drafting comment period. Synopsis: On November 29, 2005, the EPA issued a final rule in the Federal Register entitled Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Sta ndard [70 FR 71612], also known as the “Phase 2 Ozone Rule,” which finalized regulations to implement the 8-hour ground-level ozone National Ambient Air Quality Standard that the EPA established in July 1997. The De partment has implemented all required elements of this rule but will clarify a footnote to the Prevention of Si gnificant Deterioration (PSD) regulations to list nitrogen oxide (NO X ) as a precursor to ozone. On April 25, 2008, the Department published a Notice of Drafting in the South Carolina State Register to initiate revisions to Regulation 61-62.5 , Standard No. 7, Prevention of Significant Deterioration, R. 61-62.5, Standard No. 7.1, Nonattainment New Source Review (NSR) and the SIP, in order to comply with a final rule entitled Prevention of Significant Deterioration (PSD ) and Nonattainment New Source Review (NSR): Removal of Vacated Elements [72 FR 32526], publishe d in the Federal Register on June 13, 2007. On May 16, 2008, the EPA published a final rule in th e Federal Register entitled Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ) [73 FR 28321], also known as the “NSR PM 2.5 Implementation Rule,” which finalized re gulations to implement the New Source Review program for fine particulate matter (that is, par ticles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, generally referred to as “PM 2.5 ”). The NSR PM 2.5 Implementation Rule became effective July 15, 2008, and required states with SIP- approved PSD programs, of which South Carolina is one, to submit revised PSD programs within a 3 year trans ition period following the date of its publication, or by May 16, 2011. The NSR PM 2.5 Implementation Rule included a major source threshold, significant emissions rates for direct PM 2.5 and its presumed precursors, sulfur dioxide (SO 2 ) and NO X ; offset ratios for PM 2.5 ; and interpollutant trading for offsets and applicability of NSR to PM 2.5 precursors. The NSR PM 2.5 Implementation Rule also continued the EPA’s policy of allowing SIP-approved states to use PM 10 (that is, particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers) as a surrogate for PM 2.5 in meeting the NSR requirements of the Clean Air Act, until the end of the 3 year transition period (“EPA PM 10 Surrogate Policy”). On September 26, 2008, the Department published a s econd Notice of Drafting in the South Carolina State Register for the revisions to Regulation 61-62.5, Standa rd No. 7, Prevention of Significant Deterioration, R. 61-62.5, Standard No. 7.1, Nonattainment New S ource Review (NSR) and the SIP. This second notice incorporated, among other things, the NSR PM 2.5 Implementation Rule.12 DRAFTING NOTICES

South Carolina State Register Vol. 34, Issue 7 July 23, 2010 On April 24, 2009, the Department published a Notice of Fi nal Regulation in the South Carolina State Register to complete the regulation development process initia ted by the aforementioned Notices, except for the revisions required to incorporate the NSR PM 2.5 Implementation Rule. The Department elected to delay these revisions for the NSR PM 2.5 Implementation Rule, pending further guidance from the EPA, which the EPA plans to release in summer 2010. On February 11, 2010, the EPA publis hed a proposed rule in the Federa l Register entitled Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ); Notice of Proposed Rulemaking To Repeal Grandfathering Provision and End the PM 10 Surrogate Policy [75 FR 6827]. In this action, the EPA proposed to end the EPA PM 10 Surrogate Policy in SIP-approved states before the end of the 3 year transition period. The EPA also sought co mment on whether the technical issues that led to the EPA PM 10 Surrogate Policy have been resolved, and on th e transition process, should the EPA decide to end the EPA PM 10 Surrogate Policy. The Department will continue to rely upon the EPA PM 10 Surrogate Policy in issuing PSD permits until the EPA finalizes a ll of the necessary tools and guidance. Based on the requirements of the Phase 2 Ozone Rule [70 FR 71612] and the NSR PM 2.5 Implementation Rule [73 FR 28321], the Department proposes to amend Regul ation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, R. 61-62.5, Standard No. 7.1, Nonattainment New Source Review (NSR) and the SIP to incorporate the provisions of the Phase 2 Ozone Rule and the NSR PM 2.5 Implementation Rule. The Department action on this proposal may be delayed until final guidance is provided by the EPA. The Department may also propose typographical corrections a nd clarifications to Regula tion 61-62.5, Standard No. 7 and Standard No. 7.1, as necessary. Pursuant to the Phase 2 Ozone Rule [70 FR 71612] and the NSR PM 2.5 Implementation Rule [73 FR 28321], the proposed changes are federally mandated; therefore, pursuant to S.C. Code Ann. Section 1-23-120(H)(1), Gene ral Assembly review is not required.

DEPARTMENT OF NATURAL RESOURCES CHAPTER 123 Statutory Authority: 1976 Code Section 50-11-2200 Notice of Drafting: The Department of Natural Resources proposes to amend Regulation 123-40, “Hunt Units and Wildlife Management Area Regulations” and Regulation 123-51, “T urkey Hunting Rules and Seasons”. The subject of the proposed action is to amend the regulations to modify existing seasons and methods and add new wildlife management areas to allow additional hunting oppor tunity. Any person interested may submit written comments to Breck Carmichael, Deputy Director, Wildlif e & Freshwater Fisheries Division, S.C. Department of Natural Resources, Post Offi ce Box 167, Columbia, SC 29202. Synopsis: These amended regulations will allow th e expansion of existing seasons and methods within the current season framework to allow additional opportunity on ex isting and new Wildlife Management Areas. These regulations set seasons, bag limits, and methods of hunting and taking of wildlife and other restrictions on Wildlife Management Areas.

### Notice of Proposed Regulation: November 26, 201020 PROPOSED REGULATIONS

South Carolina State Register Vol. 34, Issue 11 November 26, 2010 DETERMINATION OF COSTS AND BENEFITS: There will be no additional cost incurred by the State or its political subdivisions.
UNCERTAINTIES OF ESTIMATES: There are no uncertainties of estimates concerning these regulations.
EFFECT ON THE ENVIRONMENT AND PUBLIC HEALTH: These regulations will have no direct effect on the environment. The public health and the business environment of this State will be enhanced by conforming the regulations to the statute.
DETRIMENTAL EFFECT ON THE ENVIRONMENT AND PUBLIC HEALTH IF THE REGULATION IS NOT IMPLEMENTED:
There will be no direct detrimental effect on the environm ent and public health of this State if the regulations are not implemented in this State. The conflicts between statute and regulation may have a detrimental effect on the business environment.
Statement of Rationale: The regulations are amended to conform to 2008 Act 223.
Text: The full text of this regulation is available on the South Carolina General Assembly Home Page: http://www.scstatehouse.gov/regnsrch.htm. Full text may also be obtained from the promulgating agency.

Document No. 4160 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq. 61-62.5. Standard No. 7, Prevention of Significant Deterioration 61-62.5. Standard No. 7.1, Nonattainment New Source Review (NSR) 61-62. Air Pollution Control Regulations and Standards
Preamble: On November 29, 2005, the United Stated Environmental Protection Agency (EPA) issued a final rule in the Federal Register entitled Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard [70 FR 71612], also known as the “Phase 2 Ozone Rule,” which finalized regulations to implement the 8-hour ground-level ozone National Ambient Air Quality Stan dard that the EPA established in July 1997. The Department has implemented all require d elements of this rule but the EPA has identified that the language within a footnote to the South Carolina Prevention of Significant Deterioration (PSD) regulations listing nitrogen oxides (NO X ) as a precursor to ozone does not mirror the federal language. As such, the EPA has requested that the Department clarify this i ssue by adopting the federal language verbatim. On April 25, 2008, the Department publis hed a Notice of Drafting in the State Register to initiate revisions to Regulation 61-62.5, Standard No. 7, Prevention of Si gnificant Deterioration, R.61-62.5, Standard No. 7.1, Nonattainment New Source Review (NSR), and the SIP, in order to comply with a final rule entitledPROPOSED REGULATIONS 21

South Carolina State Register Vol. 34, Issue 11 November 26, 2010 Prevention of Significant Deterioration (PSD) and N onattainment New Source Review (NSR): Removal of Vacated Elements [72 FR 32526], published in the Federal Register on June 13, 2007. On May 16, 2008, the EPA published a final rule in th e Federal Register entitled Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ) [73 FR 28321], also known as the “NSR PM 2.5 Implementation Rule,” which finalized re gulations to implement the NSR program for fine particulate matter (that is, particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, generally referred to as “PM 2.5 ”). The NSR PM 2.5 Implementation Rule be came effective July 15, 2008, and required states with SIP-approved PSD programs, of which South Carolina is one, to submit revised PSD programs within a 3 year transition period following th e date of its publication, or by May 16, 2011. The NSR PM 2.5 Implementation Rule included a major source threshold, significant emissions rates for direct PM 2.5 and its presumed precursors, sulfur dioxide (SO 2 ) and NO X , offset ratios for PM 2.5 , and interpollutant trading for offsets and applicability of NSR to PM 2.5 precursors. The NSR PM 2.5 Implementation Rule also continued the EPA’s policy of allowing SIP-approved states to use PM 10 (that is, particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers) as a surrogate for PM 2.5 in meeting the NSR requirements of the Clean Air Act until the end of the 3 year transition period (“EPA PM 10 Surrogate Policy”). On September 26, 2008, the Department published a sec ond Notice of Drafting in the State Register for the revisions to R.61-62.5, Standard No. 7, Prevention of Significant Deterioration, R.61-62.5, Standard No. 7.1, Nonattainment New Source Review (NSR) and the SIP. This second notice incorporated, among other things, the NSR PM 2.5 Implementation Rule. On April 24, 2009, the Department published a Notice of Final Regulation in the State Register to complete the regulation development process initiated by the afor ementioned Notices, except for the revisions required to incorporate the NSR PM 2.5 Implementation Rule. The Department el ected to delay these revisions for the NSR PM 2.5 Implementation Rule, pending further guidance fro m the EPA, which the EPA plans to release in summer 2010. The Department proposes to amend R.61-62.5, Standard No. 7, Prevention of Significant Deterioration, R.61- 62.5, Standard No. 7.1, Nonattainment New Source Review (NSR) and the SI P to incorporate the provisions of the Phase 2 Ozone Rule and the NSR PM 2.5 Implementation Rule, and to add a nonsubstantive clarification to correct a scrivener’s error. A Notice of Drafting was published in the State Regist er, on the Bureau of Air Quality Regulation and SIP Management website, and in the DHEC Regulation Deve lopment Update on July 23, 2010. No comments were received. Since this amendment is consistent with federal law, neither a preliminary fiscal impact statement nor a preliminary assessment report is required. Section-by-Section Discussion of Proposed Revisions:
SECTION CITATION/EXPLANATION OF CHANGE: Regulation, 61-62.5, Standard No. 7, Prevention of Significant Deterioration Regulation, 61-62.5, Standard No. 7, Prevention of Signi ficant Deterioration, (b) Definitions, (44) “Regulated NSR Pollutant”: The definition of “Regulated NSR Pollutant” is revi sed to include elaboration on which pollutants are precursors for criteria pollutants under the National Ambient Air Quality Standards, and specific instructions on how to calculate PM emissions when dete rmining if emissions fall within the scope of this definition. Regulation, 61-62.5, Standard No. 7, Prevention of Significant Deterioration, (b) Definitions, (49)(i) “Significant”: The definition of “Significant” is revised to include new thresholds for PM 2.5 .22 PROPOSED REGULATIONS

South Carolina State Register Vol. 34, Issue 11 November 26, 2010 Regulation, 61-62.5, Standard No. 7, Prevention of Significant Deterioration, (i) Exemptions, (5)(i): This item is modified by adding “or nitrogen oxides” to the footnote for Ozone in the list of de minimis air quality levels, so that a facility with a net increase of 100 tons per year or more of nitrogen oxides subject to PSD would be required to perform an ambient impact analysis including the gathering of ambient air quality data. Regulation, 61-62.5, Standard No. 7, Prevention of Significant Deterioration, (i) Exemptions, (5)(ii): This item is modified by changing the paragraph reference from “paragra ph (i)(8)(i)” to “paragraph (i)(5)(i),” to follow a change in codification in 40 CFR 51.166. Regulation, 61-62.5, Standard No. 7.1, Nonattainment New Source Review (NSR) Regulation, 61-62.5, Standard No. 7.1, Nonattainment New Source Review (NSR), (c) Definitions, (13) “Regulated NSR pollutant”: The definition of “Regulated NSR pollutant” is modified in the introductory sentence by adding the words “of this regulation” for clarification to correct a nonsubstan tive scrivener’s error. The definition is also modified by adding a list of precursors and the requirements for considering PM, including timing requirements for considering condensable emissions. Regulation, 61-62.5, Standard No. 7.1, Nonattainment New Source Review (NSR), (c) Definitions, (14) “Significant”: The definition of “Significant” is revised to include new thresholds for PM 2.5 . Notice of Staff Informational Fo rum and Public Comment Period: Staff of the South Carolina Department of Health and Environmental Contro l invites interested members of the public to attend a staff-conducted informa tional forum to be held on December 29, 2010, at 10:00 a.m. in the Wallace Room (3141) at the South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC. The purpose of the forum is to answer questions, clarify any issues, and receive comments from interested persons on the proposed amendm ents to R.61-62, Air Pollution Control Regulations and Standards, and the SIP. Please use the Bull Street entrance. Interested persons are also provided an opportunity to submit written comments to Alan Hancock by mail at the Bureau of Air Quality, South Carolina Department of Health and Environmenta l Control, 2600 Bull Street, Columbia, SC 29201; by facsimile at (803) 898-4117; or by e-mail at hancocam@dhec.sc.gov . To be considered, comments must be received no later than 5:00 p.m. on December 29, 2010, the close of the comment period. Comments received at the forum or during the write-in public comment period by the deadline requested above shall be submitted to the Boar d in a Summary of Public Comments and Department Responses for consideration at the public hearing as noticed below. Copies of the proposed regulation for public notice and comment may be obtained by contacting Alan Hancock at the South Carolina Department of Health and Environmental Control, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201; by ca lling (803) 898-4139; or by emailing hancocam@dhec.sc.gov . A copy may also be obtained on the Department’s Regulatory Information Internet Site at http://www.scdhec.gov/administration/regs/ in its DHEC Regulation Devel opment Update. To access this document, click on the Air category, then scan down for this proposed amendment. Notice of Public Hearing and Opportunity for Public Comment: Interested members of the public and regulated community are invited to comment on the proposed amendments to R.61-62, Air Pollution Control Regulations and Standards, and the SIP at a public hearing to be conducted by the Board of the South Carolina Depart ment of Health and Environmental Control at its regularly-scheduled meeting on February 10, 2011. The public hearing is to be held in room 3420 (BoardPROPOSED REGULATIONS 23

South Carolina State Register Vol. 34, Issue 11 November 26, 2010 Room) of the Commissioner’s Suite, third floor, Aycock Building of the South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia , SC. The Board meeting commences at 10:00 a.m. at which time the Board will consider items on its agenda in the order presented. The order of presentation for public hearings will be noted in the Board’s agenda to be published by the Department twenty-four hours in advance of the meeting at the following address: http://www.scdhec.gov/administration/board-agenda.htm

. Persons desiring to make oral comments at the hearing are asked to limit their statements to five minutes or less, and as a courtesy are asked to provide written copi es of their presentation to th e Clerk of the Board for inclusion for the record.
Statement of Need and Reasonableness:
This statement of need and reasonableness was determined by staff analysis pursuant to S.C. Code Section 1- 23-115(C)(1)-(3) and (9)-(11).
DESCRIPTION OF REGULATION: Purpose: The Department proposes to amend R.61- 62.5, Standard No. 7, Prevention of Significant Deterioration; R.61-62.5, Standard No. 7.1, Nonatt ainment New Source Review (NSR); and the SIP to incorporate the provisions of the Phase 2 Ozone Rule and the NSR PM 2.5 Implementation Rule, and to add a nonsubstantive clarification to correct a scrivener’s error. Legal Authority: The legal authority for R.61-62, Air Po llution Control Regulations and Standards, is S.C. Code Section 48-1-10 et seq. Plan for Implementation: The proposed amendments will take effect upon approval by the Board of Health and Environmental Control and publication in the State Regi ster. The proposed amendmen ts will be implemented by providing the regulated community with copies of th e regulation, and sending an email to stakeholders.
DETERMINATION OF NEED AND REASONABLENESS OF THE PROPOSED REGULATION BASED ON ALL FACTORS HEREIN AND EXPECTED BENEFITS: The EPA regularly promulgates amendmen ts to federal regulations to include clarification, guidance, technical amendments, and strengthen air quality provisions. States are mandated by law to adopt these federal amendments. These amendments are reasonable as they pr omote consistency and ensure conformity of state regulations to federal requirements.
DETERMINATION OF COSTS AND BENEFITS:
There will be no increased cost to th e state or its political subdivisions as a result of these amendments. The standards to be adopted are already effective and applicable to the regulated community as a matter of federal law. The proposed amendments will benefit the regulat ed community by clarifying the regulations and increasing their ease of use.
UNCERTAINTIES OF ESTIMATES:
There are no uncertainties of estimates relative to the costs to the state or its political subdivisions.
EFFECT ON ENVIRONMENT AND PUBLIC HEALTH: Adoption of the recent changes in federal regulations through the proposed amendments to R. 61-62, Air Pollution Control Regulations and Standards, and the SIP will provide continued protection of the environment and public health.24 PROPOSED REGULATIONS

South Carolina State Register Vol. 34, Issue 11 November 26, 2010 DETRIMENTAL EFFECT ON THE ENVIRONMENT A ND PUBLIC HEALTH IF THE REGULATIONS ARE NOT IMPLEMENTED: The state’s authority to implement federal requirement s, which are beneficial to the public health and environment, would be compromised if these ame ndments were not adopted in South Carolina.
Text: The full text of this regulation is available on the South Carolina General Assembly Home Page: http://www.scstatehouse.gov/regnsrch.htm. Full text may also be obtained from the promulgating agency.

Document No. 4161 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq.
61-68. Water Classifications and Standards
Preamble: The Department proposes to amend R.61-68 to strengt hen and improve the exis ting regulation and make appropriate revisions of the State' s water quality standards in accordance with Section 303(c)(2)(B) of the Federal Clean Water Act (CWA). Section 303(c)(2)(B) requires that South Carolina’s water quality standards be reviewed and revised, where necessary, at least on ce every three years for the purposes of considering the Environmental Protection Agency’s (EPA) most recen tly published numeric and narrative criteria and to comply with recent Federal regulatory revisions and recommendations. The Department proposes revisions to update numeric criteria, to remove fecal coliform (FC) as a bacterial indicator for recreational uses in specific marine waters of the State while continuing to protect existing shellfish harvesting uses in those waters, to make the regulation consistent with recent changes to the S.C. Pollutio n Control Act (PCA), and revisions associated with corrections or clarifications for language in the current regulation. See also the Statement of Need and Reasonableness and Statement of Rationale he rein. The proposed amendmen ts will be submitted to the General Assembly for review. A first Notice of Drafting was published in the State Register on March 26, 2010 and a second Notice of Drafting with one additional issue was published in the State Register on April 23, 2010. Both notices were placed on the Department’s water quality standards we bpage and circulated to stakeholders and other interested parties. Comments were received and u sed in the drafting of the proposed regulation. Section-by-Section Discussion of Proposed Changes: R.61-68, Water Classifications and Standards (1) Revision of Federal toxics criteria to reflect the mo st current final published criteria in accordance with Sections 304(a) and 307(a) of the CWA. Section Citation and Explanation of Change R.61-68. Appendix - Amendment of the Priority Toxic Pollutants Chart to revise criteria for the following pollutants: acrolein, arsenic, and phenol to reflect EPA’s most recent recommendations and to add a footnote nn.

### Staff Information Forum Sign-In SheetSign-In Sheet For Public Hearing
NOTICE TO AMEND REGULATION 61 -62, AIR POLLUTION CONTROL REGULATIONS AND STANDARDS AND THE AIR QUALITY STATE IMPLEMENTATION PLAN December 29,201 0 Synopsis: The Department proposes to amend R. 61-62.5, Standard No. 7; Prevention of Significant Deterioration; R. 6 1-62.5, Standard No. 7.1, Nonattainment New Source Review (NSR); and the SIP to incorporate the provisions of the federal rule entitled "Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard" (70 FR 71612) also known as the "Phase 2 Ozone Rule," and the federal rule entitled "Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5)" (73 FR 28321)' also known as the "NSR PM2.5 Implementation Rule NSR PM2.5 Implementation Rule." The Department also proposed to add a nonsubstantive clarification to correct a scrivener's error. Pursuant to the Clean Air Act, U.S.C. 

## 5 7401(k)(5) et seq., and the aforementioned Federal Register Notices, the changes are Federally mandated, therefore pursuant to S.C. Code Ann. 

## 5 1-23- 120(H)(1), General Assembly review is not required

### Transcript of Staff Informa tional Forum: December 29, 2010STATE OF SOUTH CAROLINA ) BEFORE THE SOUTH 

### CAROLINA 1 BOARD OF HEALTH AND COUNTY OF RICHLAND ) ENVIRONMENTAL CONTROL

INFORMATIONAL FORUM: 

### 1 1 PROPOSED REVISION TO ) REGULATION 61-62.5, STANDARD ) NO. 7, PREVENTION OF ) SIGNIFICANT DETERIORATION; ) TRANSCRIPT OF R.61-62.5, STANDARD NO. 7.1, ) NONATTAINMENT NEW SOURCE ) PROCEEDINGS REVIEW (NSR) ; AND THE SOUTH 

### 1 CAROLINA AIR QUALITY ) IMPLEMENTATION PLAN 

### 1 ) STATE REGISTER DOCUMENT 

### 1 1

Informational Forum held at the South Carolina Department of ~ealt~ and Environmental Control, before Facilitator Alan Hancock in the Wallace Room, 2600 Bull Street, Columbia, South Carolina, on Wednesday, December 29, 2010, commencing at 10:13 o'clock, A.M. and ending at 10:20 o'clock, A.M., in the above-entitled matter, taken before Faye A. Grainger, Certified Court Reporter.

FAYE A. GRAINGER, d/b/a GRAINGER REPORTING SERVICE Post Office Box 532 Irmo, South Carolina 29063 (803) 798-2679 fayegrainger@bellsouth.netFaye A. Grainger Court Reporter DHEC INFO FORUM, 12/29/2010 

### APPEARANCES:
DHEC Staff Present: Alan Hancock, Facilitator Malleri McAllister

Grainger Reporting Service (803) 798-2679Grainger Reporting Service (803) 798-2679 DHEC INFO FORUM, 12/29/2010
INDEX

FACILITATOR HmCOCK

...........................

CERTIFICATE OF COURT REPORTER

.................... PAGEDHEC INFO FORUM, 12/29/2010 4

......................................................... PROCEEDING

FACILITATOR HANCOCK: Good morning,

my name is Alan Hancock with the Bureau of Air Quality. I will be the facilitator for this forum. Let the record show that this forum was convened at 10:13 a.m. on Wednesday, December 29th, 2010 in the duly announced location. Public notice of this hearing was published in the State Register on Friday, November 26th, 2010. Copies of the notice were also sent to a list of interested parties maintained by the Bureau. Unless 

### I hear an objection, a
copy of this notice will be entered into public record as though it were read. Let the record reflect that the forum today is being conducted by the South Carolina Department of Health and Environmental Control, or the Department. The purpose of this hearing is to answer questions, clarify issues, and receive input from interested persons on proposed revisions to Regulation 61-62, Air Pollution Control Regulations and

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 12/29/2010 5 Standards and the South Carolina Air Quality Implementation Plan, also referred

to as the State Implementation Plan or SIP. Comments received today shall be considered by the Department in preparing

a final Regulation revision and State Implementation Plan revision.
I will present a brief summary and explanation of the proposed plan. Following the presentation, any member of the audience desiring to make comments will be given an opportunity to do so. Speakers will be recognized in the order in which they are registered. If there are any questions after the presentation, please direct them to me and
I will either answer them or ask the appropriate person to respond. If no one is able to answer the question today, an

answer will be provided in writing at a later date. On November 29, 2005, the EPA issued a final rule in the Federal Register entitled "Final Rule to Implement the 8- Hour Ozone National Ambient Air Quality

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 12/29/2010 6 Standard" 70 FR 71612, also known 

### as the "Phase 2 Ozone Rule", which finalized regulations to implement the 8-hour ground-level ozone National Ambient Air Quality Standard that the EPA established in July, 1997. The Department has implemented all required elements of this rule but the EPA has identified that the language within a footnote to the South Carolina Prevention of Significant Deterioration or PSD regulations listing nitrogen oxides or NOx as a precursor to

ozone does not mirror the federal language. As such, the EPA has requested that the Department clarify this issue by adopting the federal language verbatim.
On April 25, 2008, the Department published a Notice of Drafting in the State Register to initiate revisions to Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, Regulation 61-62.5, Standard No. 7.1, Nonattainment New Source Review or NSR, and the SIP, in order to comply with a final rule entitled Prevention of

Grainger Reporting Service (803) 798-2679

### DHEC INFO FORUM, 12/29/2010 7 Significant Deterioration or 

### PSD and Nonattainment New Source Review or NSR; Removal of Vacated Elements, 72 FR 32526, published in the Federal Register on June 13th, 2007.
On May 16th, 2008, the EPA published

a final rule in the Federal Register entitled "Implementation of the New Source Review or NSR Program for Particulate
Matter Less Than 2.5 Micrometers" or PM 2.5, 73 FR 28321, also known as the "NSR
PM 2.5 Implementation Rule,11 which finalized regulations to implement the NSR program for fine particulate matter; that is, particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, generally referred to as I1PM 2.5". The NSR PM 2.5 Implementation Rule became effective July 15th, 2008, and required states with SIP-approved PSD
programs, of which South Carolina is one, to submit revised PSD programs within a three year transition period following the date of its publication, or by May 16th, 2011. The NSR PM 2.5 Implementation Rule

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 12/29/2010 8 included a major source threshold, significant emissions rates for direct PM 2.5 and its presumed precursors, sulfur dioxide or SO2 and NOx, offset ratios for
PM 2.5, and interpollutant trading for offsets and the applicability of NSR to PM 2.5 precursors. The NSR PM 2.5 Implementation Rule also continued the
EPArs policy of allowing SIP-approved
states to use PM 10; that is, particles with an aerodynamic diameter less than or equal to a nominal ten micrometers as a surrogate for PM 2.5 in meeting the NSR requirements of the Clean Air Act until the end of the three year transition period, also known as the "EPA PM 10 Surrogate Policy".
On September 26th, 2008, the Department published a second Notice of Drafting in the State Register for the revisions to Regulation 61-62.5, Standard
No. 7, Prevention of Significant Deterioration, Regulation 61-62.5, the Standard No. 7.1, Nonattainment New Source Review or NSR, and the SIP. This second

Grainger Reporting Service (803) 798-2679

### DHEC INFO FORUM, 12/29/2010 9 notice incorporated, among other things, the NSR PM 2.5 Implementation Rule.
On April 24th, 2009, the Department published a Notice of Final Regulation in the State Register to complete the regulation development process initiated by the aforementioned Notices, except for the revisions required to incorporate the
NSR PM 2.5 Implementation Rule. The Department elected to delay these revisions for the NSR PM 2.5 Implementation Rule, pending further guidance from the EPA. The Department proposes to amend Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, Regulation 61-62.5, Standard No. 7.1, Nonattainment New Source Review or NSR, and the SIP to incorporate the provisions of the Phase 2 Ozone Rule and the NSR PM 2.5 Implementation Rule. The Department also proposes to add a nonsubstantive clarification to correct a scrivener's

error. Pursuant to the Phase 2 Ozone Rule,

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 12/29/2010 70 FR 71612 and the NSR 

### PM 2.5 Implementation Rule, 73 FR 28321, the proposed changes are federally mandated; therefore, pursuant to South Carolina Code Annotated Section 1-23-120 (H) (1) 

### , General Assembly review is not required. The Department published a Notice of Drafting in the State Register on July 23rd, 2010, to initiate the statutory process to amend Regulation 61-62 to incorporate the aforementioned revisions. The Department also published the Notice

on the Department's web site. No comments were received. Since this amendment is consistent with federal law, neither a preliminary fiscal impact statement nor a preliminary assessment report is required.
At this point, I will recognize anyone who wishes to comment on the proposed revisions.
I would like to remind you that any comments received will be entered into the official transcript of this forum and submitted to the EPA for review and approval. Additionally, comments deemed

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 12/29/2010 11 significant by the Department may 

### be 

### used

to modify the Regulations and SIP as necessary. Are there any comments for the record? There being no comments, this forum is adjourned. Thank you for your attendance and participation here today. Thereupon, at 10:20 a.m. on the same day, the forum was concluded.

(Thereupon, at 10:20 o'clock, A.M., the same day, the proceedings were concluded)

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 12/29/2010
STATE OF SOUTH CAROLINA ) ) CERTIFICATE COUNTY OF LEXINGTON )

Be it known that I am a duly qualified court reporter; that I was hired to take the proceedings in this matter; that I took notes by stenomask of the said testimony; that the said notes were reduced
to typewritten form by me; and that the foregoing eleven (11) pages constitute a true, accurate and complete transcript, to the best of my skill and ability. Witness my hand and seal at Columbia, South Carolina, this 20th day of January, 2011.



### My ~okmission Expires: 5-18-2015

Grainger Reporting Service (803) 798-2679