# Appendix A

Notices of Drafting, Proposed Regulation, and Trans cript of

Staff Informational Forum

### Notice of Drafting: March 28, 2008 ....................................................................................2

Notice of Drafting: April 25, 2008 ......................................................................................3

Notice of Proposed Regulation: June 27, 2008....................................................................4

Staff Information Forum Sign-In Sheet ...............................................................................9

Transcript of Staff Informational Forum: June 28, 2008...................................................10Note: This Notice was published in the S.C. State Register March 28, 2008:

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

CHAPTER 61 Statutory Authority: S.C. Code Section 48-1-10 et seq

.

Notice of Drafting:

The Department is proposing to amend R.61-62, Air Pollution Control Regulations and Standards

. Interested persons are invited to present their views concerning these amendments in writing to Maeve S.R. Mason, Regulatory Development Section, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. To be considered, comments must be received by April 28, 2008, the close of the drafting comment period.

Synopsis:

The United States Environmental Protection Agency (EPA) promulgates amendments to 40 CFR Parts 60 and 63 throughout each calendar year. Recent Federal amendments include clarification, guidance and technical amendments regarding New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP) and National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories.

The Department proposes to amend Regulations 61-62.5, Standard No. 2; 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards ; and 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories to respectively adopt the Federal change in the National Ambient Air Quality Standard (NAAQS) for the 24-hour primary standard for fine particulate matter (PM2.5) and to incorporate by reference recent Federal amendments promulgated during the period from January 1, 2007, through December 31, 2007. The Department may also propose typographical corrections and clarifications to R.61-62 as necessary.

Pursuant to S.C. Code Section, 1-23-120(G)(1) the proposed amendments in this Notice will not be more stringent than the current Federal requirements and thus do not require legislative review.Note: This Notice was published in the S.C. State Register April 25, 2008 :

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

CHAPTER 61 Statutory Authority: S.C. Code Section 48-1-10 et seq

.

Notice of Drafting:

The Department is proposing to amend R.61-62, Air Pollution Control Regulations and Standards . The proposed amendments are to be made in conjunction with revisions previously proposed in the March 28, 2008, State Register . Interested persons are invited to present their views concerning these amendments in writing to Maeve S.R. Mason, Regulatory Development Section, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. To be considered, comments must be received by May 26, 2008, the close of the drafting comment period.

Synopsis:

On May 16, 2007, the United States Environmental Protection Agency (EPA) promulgated revisions to the

General Provisions for National Emission Standards for Hazardous Air Pollutants to add a definition for “force majeure,” and to allow for extensions to the deadline imposed for source owners and operators to conduct an initial or subsequent performance test required by applicable regulations. The Department proposes to amend Regulation 61-62.61, to adopt this recent Federal amendment.

The Department also proposes to amend R. 61-62.1, Definitions and General Requirements , to incorporate amendments to the definition of Volatile Organic Compounds (VOCs) promulgated by the EPA on January 18, 2007; make corrections to R. 61-62.5, Standard No. 3, Waste Combustion and Reduction ; R. 61-62.5, Standard No. 3.1, Hospital/Medical/Infectious Waste Incinerators (HMIWI) ; R.61-62.5, Standard No. 5 - Volatile Organic Compounds ; R. 61-62.70, Title V Operating Permit Program ; and to incorporate by reference amendments to the relevant subparts in R. 61-62.72, Acid Rain and R. 61-62.96, Nitrogen Oxides (NO X ) and Sulfur Dioxide (SO 2 ) Budget Trading Program General Provisions

, as part of revisions to the Federal Clean Air Interstate Rule (CAIR) promulgated during the period from January 1, 2007, through December 31, 2007. The Department may also propose typographical corrections and clarifications to R.61- 62 as necessary.

Pursuant to S.C. Code Section, 1-23-120(G)(1) the proposed amendments in this Notice will not be more stringent than the current Federal requirements and thus do not require legislative review.Note: This Notice was published in the S.C. State Register June 27, 2008 **:**

**Document No. 3224**

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

**CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq.** 

**61-62. Air Pollution Control Regulations and Standards**

Preamble:

**The United States Environmental Protection Agency (EPA) promulgates amendments to 40 CFR Parts 60, 61, 63, 70, 72, and 96 throughout each calendar year. Recent Federal amendments include**  **clarification, guidance and technical amendments regarding Standards Of Performance For New Stationary Sources, National Emission Standards For Hazardous Air Pollutants, and National Emission**  **Standards for Hazardous Air Pollutants For Source Categories. Among the revisions being proposed are amendments to R. 61-62.60, South Carolina Designated Facility Plan and New Source Performance**  **Standards (NSPS), R. 61-62.61, National Emission Standards for Hazardous Air Pollutants (NESHAP), R. 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source**  **Categories, R. 61-62.70, Title V Operating Permit Program**

, **R. 61-62.72, Acid Rain, and R. 61-62.96, Nitrogen Oxides (NO**  **X ) and Sulfur Dioxide (SO**  **2 ) Budget Trading Program General Provisions, to** 

**i ncorporate recent Federal amendments promulgated during the period from January 1, 2007, through**  **December 31, 2007. The Department also proposes to amend R. 61-62.1, Definitions and General Requirements, to incorporate amendments to the definition of Volatile Organic Compounds (VOCs)**  **promulgated by the EPA on January 18, 2007; R. 61-62.5, Standard No. 2, Ambient Air Quality Standards, to respectively adopt the Federal change in the National Ambient Air Quality Standard**  **(NAAQS) for the 24-hour primary standard for fine particulate matter (PM 2.5**  **); make corrections to**

**S tandard No. 5 - Volatile Organic Compounds; and make regulation citation corrections to R. 61-62.5,**  **Standard No. 3, Waste Combustion and Reduction, R. 61-62.5, Standard No. 3.1, Hospital/Medical/Infectious Waste Incinerators (HMIWI), and R. 61-62.70, Title V Operating Permit**  **Program.**

**The proposed amendments to Regulation 61-62, Air Pollution Control Regulations and Standards, are necessary to maintain consistency with Federal rules and make typographical corrections and**  **clarifications to R.61-62 as necessary. Pursuant to S.C. Code Section, 1-23-120(G)(1), the proposed amendments will not require legislative review.** 

**Two Notices of Drafting for these proposed changes were published in the State Register on March 28, 2008, and April 25, 2008. Notice of the Department’s intent to draft these regulations was also published**  **on the DHEC Regulatory Internet site in its DHEC Regulation Development Update. 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.**

**Discussion of Proposed Revisions:**

**SECTION CITATION /EXPLANATION OF CHANGE**  **:**

**R. 61-62.1, Section I.94 Add “HFE-7300” to the definition of Volatile Organic Compounds.** 

**R. 61-62.5, Std. No. 2 Amend Table to reflect changes in PM**  **2.5 24-hour standard.** 

**R . 61-62.5, Std. No. 3, Section VI.D.3**  **Change regulation citation.**

**R. 61-62.5, Std. No. 3.1, Section VIII(k) Change regulation citation.** 

**R. 61-62.5, Std. No. 5, Section II.Part Q.2.a.(i)(a)(b) Correct previous omissions.** 

**R. 61-62.60 Tables in Subparts A, B, D, Da, Db, Dc, BB, VV, and GGG are amended to incorporate revisions.** 

**R. 61-62.60 Subparts VVa and GGGa are added.** 

**R. 61-62.61 Table in Subpart A is amended to incorporate revisions.** 

**R.61-62.63 Tables in subparts A, E, T, HH, II, YY, DDDD, IIII and PPPP are amended to incorporate revisions.** 

**R. 61-62.63.40(f)(2), (f)(3), (f)(4) and (f)(5) Change regulation citation in Subpart B.** 

**R. 61-62.63.41(n), (o), (p), (q), (r), and (s) Add the definition of “organic HAP” and re-order corresponding sections in Subpart B.** 

**R. 61-62.63 Subparts UUUUU, VVVVV, WWWWW, XXXXX, YYYYY, ZZZZZ, AAAAAA, BBBBBB,**  **CCCCCC, DDDDDD, EEEEEE, FFFFFF, GGGGGG, HHHHHH, IIIIII, JJJJJJ, KKKKKK, LLLLLL, MMMMMM, NNNNNN, OOOOOO, PPPPPP, QQQQQQ, RRRRRR, SSSSSS, and TTTTTT are added.** 

**R. 61-62.70.2(r)(2)(xx) Revise the definition of “chemical process plants.”** 

**R. 61-62.70.7(d)(3)(iii) Change regulation citation.** 

**R. 61-62.72 Table in Subpart B is amended to incorporate revisions.** 

**R. 61-62.96 Tables in Subparts AA, AAA, AAAA are amended to incorporate revisions.** 

**R. 61-62.96.153(c) Add text to clarify the process of recording CAIR NO**  **X allocations in Subpart FF.** 

**R . 61-62.96.302** **Add the definition of “Commence commercial operation” and correct/clarify the definitions of**

**“Commence operation” (a), and “Fossil-fuel-fired” (b)(1) in Subpart AAAA.**

**R. 61-62.96.342(e)(2) Add “s” in text in Subpart EEEE.** 

**R. 61-62.96.353(c) Add text to clarify the process of recording CAIR NO**  **X allocations in Subpart FFFF.** 

N otice of Staff Informational Forum and Public Comment Period:

**Staff of the South Carolina Department of Health and Environmental Control invites interested members of the public to attend a staff-conducted informational forum to be held on July 28, 2008 at 10:00 a.m. in**  **room 2380 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 amendments to Regulation 61-62, Air Pollution Control Regulations and Standards. Please use the Bull Street entrance.** 

**Interested persons are also provided an opportunity to submit written comments to Maeve S. R. Mason at the South Carolina Department of Health and Environmental Control, Bureau of Air Quality, 2600 Bull**  **Street, Columbia, SC 29201. To be considered, comments must be received no later than 5:00 p.m. on July 28, 2008, the close of the public comment period.** 

**Comments received at the forum and/or during the public comment period by the deadline requested above will be considered in formulating the final proposed regulation for public hearing before the Board** 

**as noticed below.**

**Public comments received during the comment period above noticed shall be submitted to the Board of Health and Environmental Control 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 Maeve S. R. Mason at the South Carolina Department of Health and Environmental Control, Bureau of Air**  **Quality, 2600 Bull Street, Columbia, SC 29201, or by calling (803) 898-2230. 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 Development 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 Regulation 61-62, Air Pollution Control Regulations and Standards at a public hearing to**  **be conducted by the Board of the South Carolina Department of Health and Environmental Control at its regularly-scheduled meeting on October 9, 2008. The public hearing is to be held in room 3420 (Board**  **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. 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**  **copies of their presentation to the Clerk of the Board for inclusion into the record of the public hearing.**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: Amendments to Regulation 61-62, Air Pollution Control Regulations and Standards, and the South Carolina State Implementation Plan.** 

**Purpose of Regulation: These amendments will maintain conformity with Federal requirements and ensure compliance with Federal standards.**  **Legal Authority: The legal authority for Regulation 61-62, Air Pollution 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 and adoption by the South Carolina Board of Health and Environmental Control and publication in the State Register.** 

**DETERMINATION OF NEED AND REASONABLENESS OF THE PROPOSED REGULATIONS**

**BASED ON ALL FACTORS HEREIN AND EXPECTED BENEFITS:**

**Each year the United States Environmental Protection Agency (EPA) promulgates amendments to Federal regulations to include clarification, guidance and technical amendments. States are mandated by law to**  **adopt these federal amendments. These amendments are reasonable as they promote consistency and ensure compliance with both State and Federal regulations.** 

**DETERMINATION OF COSTS AND BENEFITS:**

**There will be no increased cost to the 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 regulated community by clarifying the regulations and increasing their ease of use.** 

**UNCERTAINTIES OF ESTIMATES:**

**EPA has provided the estimated costs and benefits for these standards in the Federal Register notices that**

**are cited within this document.**

**EFFECT ON ENVIRONMENT AND PUBLIC HEALTH:**

**Adoption of the recent changes in Federal law through the proposed amendments to Regulation 61-62, Air Pollution Control Regulations and Standards, and the South Carolina State Implementation Plan will**  **provide continued protection of the environment and public health.**

**DETRIMENTAL EFFECT ON THE ENVIRONMENT AND PUBLIC HEALTH IF THE**

**REGULATIONS ARE NOT IMPLEMENTED:**

**While there is no specific detrimental effect on the environment and public health, the State’s authority to implement Federal requirements, which are believed to be beneficial to the public health and**  **environment, would be compromised if these amendments 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.net/regnsrch.htm. **Full text may also be obtained from the promulgating**

**agency.**

### Sign-In Sheet For Public Hearing

NOTICE TO AMEND REGULATION 6 1-62, 

### AIR POLLUTION CONTROL REGULATIONS

AND STANDARDS AND THE AIR QUALITY STATE IMPLEMENTATION PLAN July 28, 2008

Synopsis: The South Carolina Department of Health and Environmental Control is proposing to
revise the South Carolina Air Quality Implementation Plan (also referred to as the State Implementation Plan or SIP) as well as Regulation 61-62, 

### Air Pollution Control Regulations and

Standards. The proposed revisions are necessary in order to incorporate new Federal requirements and necessary corrections and clarifications into the existing regulations. Pursuant

to S.C. Code Section, 1-23-120(G)(l), the proposed amendments are necessary to maintain consistency with Federal rules and will not require legislative review.

### 1 

### Official Record of Public Hearing

Amendment to the South Carolina Air Quality Implementation Plan Transportation Conformity Memorandum of Agreement

July 28, 2008

**Good afternoon, my name is Maeve Mason with the Bureau of Air Quality. I will be the**

**f acilitator for this forum. Let the record show that this forum was convened at 10:10 a.m.**  **on Monday, July 28, 2008, at the duly announced location. Public notice of this hearing was published in the**  State Register **on Friday, June 27, 2008. Copies of the Notice were also sent to a mailing 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.** Are there any objections?

**Let the record reflect that the forum today is being conducted by the South Carolina Department of Health and Environmental Control (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

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 that the appropriate person respond. If no one is able to answer the**  **question today, an answer will be provided in writing at a later date.**

**The Department is proposing to revise Regulation 61-62,** Air Pollution Control Regulations and Standards **as well as the SIP. The proposed revision is necessary in order to meet the U.S. Environmental Protection Agency’s (U.S. EPA) Federal Clean Air**  **Act requirements.**

**Each year the EPA promulgates amendments to Federal regulations to include clarification, guidance and technical amendments. States are mandated by law to adopt**  **these federal amendments. These amendments promote consistency and ensure compliance with both State and Federal regulations.** 

**As such, the Department proposes to amend R. 61-62,** Air Pollution Control Regulations

and Standards **and the SIP, to incorporate new Federal requirements and necessary corrections and clarifications into the existing regulations and SIP. Pursuant to S.C. Code** 

### 2

**Section, 1-23-120(G)(1), the proposed amendments are necessary to maintain consistency with Federal rules and will not require legislative review.** 

**Among the revisions being proposed are amendments to R. 61-62.60,** South Carolina Designated Facility Plan and New Source Performance Standards (NSPS)

**, R. 61-62.61,**  National Emission Standards for Hazardous Air Pollutants (NESHAP), **R. 61-62.63,** National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories **, R. 61-62.70,** Title V Operating Permit Program, **R. 61-62.72,** Acid Rain **, and R. 61-62.96,**  Nitrogen Oxides (NO X 

### ) and Sulfur Dioxide (SO 2 

### ) Budget Trading Program

G eneral Provisions **to incorporate recent Federal amendments promulgated during the period from January 1, 2007, through December 31, 2007. The Department also**  **proposes to amend R. 61-62.1,** Definitions and General Requirements **, to incorporate amendments to the definition of Volatile Organic Compounds (VOCs) promulgated by**  **the EPA on January 18, 2007; R. 61-62.5, Standard No. 2,** Ambient Air Quality
Standards, **to respectively adopt the Federal change in the National Ambient Air Quality Standard (NAAQS) for the 24-hour primary standard for fine particulate matter (PM**  **2.5** 

### );

**m ake corrections to Standard No. 5 -**  Volatile Organic Compounds **; and make regulation citation corrections to R. 61-62.5, Standard No. 3,**  Waste Combustion and Reduction **, R. 61-62.5, Standard No. 3.1,**  Hospital/Medical/Infectious Waste Incinerators (HMIWI) **, and R. 61-62.70,**  Title V Operating Permit Program

.

**At this point I will recognize anyone who wishes to comment on the proposed revisions.**

**Monty Felix from Alaglass Pools in St. Matthews, South Carolina was present and posed several clarifying questions.** 

**Question: “Do you have the proposed changes in writing that I can see here? In order for me to**  **understand the impacts of these on me, or let’s say a Small Business, I need to see these changes. Will I have access to theses things?”** 

**Response: The Department provided Mr. Felix with a copy of the proposed revision (by way of the**  **Board Agenda Item, with a list of the regulations in highlight/strikeout text). The Department also mentioned that perhaps Mr. Felix (representing small businesses) would**  **be interested in the revisions to R. 61-62.63,** National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories **, to be incorporated by reference. The Department agreed to provide a link to the EPA’s Area Source program via electronic** 

**mail after the conclusion of the forum.**

**Question: “In putting forth these agency regulations revisions, have you reviewed them relative to**  **the requirements of the South Carolina Regulatory Flexibility Act, which specifically requires agency’s to review their specific regulations as they relate to Small Business?”** 

**Response:**

### 3

**The Department clarified that these revisions are proposed as part of something it calls the end-of-the-year revisions and that the proposed revisions are done to maintain**  **consistency with Federal amendment promulgated between January 1 and December 31 each year. In addition, the Department stated that....** 

**The Department further clarified that it has recently funded several positions to work exclusively on providing compliance assistance to small business that are regulated under**  **the recently promulgated Area Source Generally Achievable Control Technologies (GACTS). The Department also maintains a Small Business Environmental Assistance**  **Program as part of EQC Administration that works specifically with small businesses.**

**Question: “Is there anything in this particular document, that is not EPA generated...in other words**  **these changes have all been EPA generated and you are trying to update your regulations accordingly. Is there something independent of the EPA changes that you have initiated**  **on your own?”**

**Response: No, the Department is mandated by law to incorporate the aforementioned changes. As a**  **result, legislative review is not required.**

**Question: Are there any fundamental reporting requirement changes to the TV regulation?** 

**Response: No, the only significant change to the TV Regulation was to change the definition to**  **“chemical process plants.”**

**Question: Is their independent activity on the part of DHEC above and beyond or around EPA that I**  **need to go look at separately.”**

**Response: No, hence there is no need for legislative review.** 

**Question: Who would I call to find out any more information?** 

**Response: The Department provided contact information for the following individuals within the**  **Bureau of Air Quality:**

• **Maeve S. R. Mason, Regulation Development Section – Phone: (803) 898-2230, Email: masonmr@dhec.sc.gov;** 

• **Robert Brown, Director of the Division of Air Planning, Development, and Outreach – Phone: (803) 898-4105, Email: brownrj@dhec.sc.gov; and** Mary Peyton Wall, Team Leader for the Area Source GACTs in the Air Toxics

Section

- Phone: (803) 898-4064, Email: wallmp@dhec.sc.gov.

The Department also provided contact information for its Small Business Environmental

Assistance Program (SBEAP): Phyllis Copeland, Ombudsman for the SBEAP at Environmental Quality Control

- Phone: (803) 896-8982, Email: copelapt@dhec.sc.gov

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 significant by the Department may be used to modify the Regulations

and SIP as necessary.

There being no further comments, this forum is adjourned. Thank you for your attendance and participation here today.

(Thereupon, at 10:40 a.m. on the same day, the forum was concluded.)



### This script serves as the oficial record for this forum.



### I hereby attest that this document is an accurate record of the proceedings at this venue.

Maeve S.R. Mason I I

Air Regulation Development Section

Bureau of Air Quality

SC Dept. of Health & Environmental Control