Appendix A 

Notice of Drafting, Notice of Proposed Regulation, 

And Staff Informational Forum Sign-In Sheet and 

Transcript 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 1
Notice of Drafting: July 23, 2010 ..........................................................................................3 

Notice of Proposed Regulation: November 26, 2010 ............................................................6 

Staff Information Forum Sign-In Sheet .................................................................................12 

Transcript of Staff Informational Forum: December 29, 2010..............................................14 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 2
Notice of Drafting: July 23, 2010 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 3
DRAFTING 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 Implementation Plan (State Implementation Plan or SIP). 

This notice is being published to renew the revisions previously established 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 Street, 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 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 will clarify a footnote to the Prevention of Significant Deterioration (PSD) regulations to list nitrogen 

oxide (NOX) 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], published in the Federal Register on June 13, 2007. 

On May 16, 2008, the EPA published a final rule in the Federal Register 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,” which finalized regulations to implement the New Source 

Review 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 “PM2.5”). The NSR PM2.5 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 transition period following the date of its publication, or by 

May 16, 2011. The NSR PM2.5 Implementation Rule included a major source threshold, significant emissions 

rates for direct PM2.5 and its presumed precursors, sulfur dioxide (SO2) and NOX; offset ratios for PM2.5; and 

interpollutant trading for offsets and applicability of NSR to PM2.5 precursors. The NSR PM2.5 Implementation 

Rule also continued the EPA’s policy of allowing SIP-approved states to use PM10 (that is, particles with an 

aerodynamic diameter less than or equal to a nominal 10 micrometers) as a surrogate for PM2.5 in meeting the 

NSR requirements of the Clean Air Act, until the end of the 3 year transition period (“EPA PM10 Surrogate 

Policy”). 

On September 26, 2008, the Department published a second Notice of Drafting in the South Carolina State 

Register for the 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. This second notice 

incorporated, among other things, the NSR PM2.5 Implementation Rule. 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 4
12 DRAFTING NOTICES 

South Carolina State Register Vol. 34, Issue 7 

July 23, 2010 

On April 24, 2009, the Department published a Notice of Final Regulation in the South Carolina State Register 

to complete the regulation development process initiated by the aforementioned Notices, except for the 

revisions required to incorporate the NSR PM2.5 Implementation Rule. The Department elected to delay these 

revisions for the NSR PM2.5 Implementation Rule, pending further guidance from the EPA, which the EPA 

plans to release in summer 2010. 

On February 11, 2010, the EPA published a proposed rule in the Federal Register entitled Implementation of 

the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5); Notice of 

Proposed Rulemaking To Repeal Grandfathering Provision and End the PM10 Surrogate Policy [75 FR 6827]. 

In this action, the EPA proposed to end the EPA PM10 Surrogate Policy in SIP-approved states before the end 

of the 3 year transition period. The EPA also sought comment on whether the technical issues that led to the 

EPA PM10 Surrogate Policy have been resolved, and on the transition process, should the EPA decide to end 

the EPA PM10 Surrogate Policy. The Department will continue to rely upon the EPA PM10 Surrogate Policy in 

issuing PSD permits until the EPA finalizes all of the necessary tools and guidance. 

Based on the requirements of the Phase 2 Ozone Rule [70 FR 71612] and the NSR PM2.5 Implementation Rule 

[73 FR 28321], the Department proposes 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 

SIP to incorporate the provisions of the Phase 2 Ozone Rule and the NSR PM2.5 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 and clarifications to Regulation 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 PM2.5

Implementation Rule [73 FR 28321], the proposed changes are federally mandated; therefore, pursuant to S.C. 

Code Ann. Section 1-23-120(H)(1), General 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, “Turkey 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 opportunity. Any person interested may submit written 

comments to Breck Carmichael, Deputy Director, Wildlife & Freshwater Fisheries Division, S.C. Department 

of Natural Resources, Post Office Box 167, Columbia, SC 29202. 

Synopsis: 

These amended regulations will allow the expansion of existing seasons and methods within the current season 

framework to allow additional opportunity on existing 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. 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 5
Notice of Proposed Regulation: November 26, 2010 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 6
20 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 environment 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 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 (PSD) regulations listing 

nitrogen oxides (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, 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 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 7
PROPOSED REGULATIONS 21 

South Carolina State Register Vol. 34, Issue 11 

November 26, 2010 

Prevention of Significant Deterioration (PSD) and Nonattainment 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 the Federal Register 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,” 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 “PM2.5”). The NSR PM2.5 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 transition period following the date of its publication, or by May 16, 2011. The 

NSR PM2.5 Implementation Rule included a major source threshold, significant emissions rates for direct PM2.5

and its presumed precursors, sulfur dioxide (SO2) and NOX, offset ratios for PM2.5, and interpollutant trading 

for offsets and applicability of NSR to PM2.5 precursors. The NSR PM2.5 Implementation Rule also continued 

the EPA’s policy of allowing SIP-approved states to use PM10 (that is, particles with an aerodynamic diameter 

less than or equal to a nominal 10 micrometers) as a surrogate for PM2.5 in meeting the NSR requirements of 

the Clean Air Act until the end of the 3 year transition period (“EPA PM10 Surrogate Policy”). 

On September 26, 2008, the Department published a second 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 PM2.5 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 aforementioned Notices, except for the revisions required 

to incorporate the NSR PM2.5 Implementation Rule. The Department elected to delay these revisions for the 

NSR PM2.5 Implementation Rule, pending further guidance from 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 SIP to incorporate the provisions of 

the Phase 2 Ozone Rule and the NSR PM2.5 Implementation Rule, and to add a nonsubstantive clarification to 

correct a scrivener’s error. 

A Notice of Drafting was published in the State Register, on the Bureau of Air Quality Regulation and SIP 

Management website, and in the DHEC Regulation Development 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 Significant Deterioration, (b) Definitions, (44) “Regulated 

NSR Pollutant”: 

The definition of “Regulated NSR Pollutant” is revised 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 determining 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 PM2.5. 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 8
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 “paragraph (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 nonsubstantive 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 PM2.5. 

Notice 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 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 amendments 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 Environmental 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 Board 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 calling (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 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 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 Department of Health and Environmental Control at its 

regularly-scheduled meeting on February 10, 2011. The public hearing is to be held in room 3420 (Board 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 9
PROPOSED 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 copies of their presentation to the 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, Nonattainment New Source Review (NSR); and the SIP to 

incorporate the provisions of the Phase 2 Ozone Rule and the NSR PM2.5 Implementation Rule, and to add a 

nonsubstantive clarification to correct a scrivener’s error. 

Legal Authority: The legal authority for R.61-62, Air 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 by the Board of Health and 

Environmental Control and publication in the State Register. The proposed amendments will be implemented 

by providing the regulated community with copies of the 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 amendments 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 promote consistency and ensure conformity of state 

regulations to federal requirements. 

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: 

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. 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 10
24 PROPOSED REGULATIONS 

South Carolina State Register Vol. 34, Issue 11 

November 26, 2010 

DETRIMENTAL EFFECT ON THE ENVIRONMENT AND PUBLIC HEALTH IF THE REGULATIONS 

ARE NOT IMPLEMENTED: 

The state’s authority to implement federal requirements, which are 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.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 strengthen and improve the existing 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 once every three years for the purposes of considering the 

Environmental Protection Agency’s (EPA) most recently 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. Pollution 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 herein. The proposed amendments 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 webpage and circulated to stakeholders and other 

interested parties. Comments were received and used 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 most 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. 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 11
Staff Information Forum Sign-In Sheet 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 12
Sign-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 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 13
Transcript of Staff Informational Forum: December 29, 2010 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

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Appendix A - Page 14
STATE 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.net 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 15
Faye A. Grainger 

Court Reporter 

DHEC INFO FORUM, 12/29/2010 

APPEARANCES: 

DHEC Staff Present: 

Alan Hancock, Facilitator 

Malleri McAllister 

Grainger Reporting Service 

(803) 798-2679 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 16
Grainger Reporting Service 

(803) 798-2679 

DHEC INFO FORUM, 12/29/2010 

INDEX 

FACILITATOR HmCOCK ........................... 

CERTIFICATE OF COURT REPORTER .................... 

PAGE 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 17
DHEC 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) 798-2679 

Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 18
DHEC 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 

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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 

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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 

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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 

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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, 

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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 

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March 14, 2011

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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) 

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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 

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Revisions to the South Carolina Air Quality Implementation Plan – 

Prevention of Significant Deterioration and Nonattainment New Source Review 

March 14, 2011

Appendix A - Page 26