# Appendix C Board Public Hearing Transcript and Notice of Final Regulation

### Board Public Hearing Transcript: April 12, 2012................................................................3

Notice of Final Regulation: April 27, 2012 .......................................................................39

## Board Public Hearing Transcript: April 12, 2012

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## Notice of Final Regulation: April 27, 2012FINAL REGULATIONS 51

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 III. Content of the Tests

The content of the subject-area tests that are selected or developed pursuant to the provisions of this policy shall be aligned with the academic standards a pproved by the State Board of Education.

IV. Student Performance Standards

Student performance standards for the tests shall be established by the South Carolina Department of Education.

V. Review of Academic Sta ndards and End-of-Course Tests

The academic standards for the tests shall be revi ewed on a schedule that is consistent with the requirements of the EAA. Following any revisions of th e academic standards, the tests will be reviewed and revised as necessary to ensure their continued alignment with the standards.

VI. Notice to Students

Students who are enrolled in the gateway courses sha ll be provided with paper copies of the academic standards that pertain to those particular courses. Students will be advised that the final examination for each gateway course will be based on the skills and content represented in the academic standards. District personnel shall provide this information to students not la ter than the first day of instruction in the course.

Fiscal Impact Statement:

No additional state funding is requested. The South Ca rolina Department of Education estimates that no additional costs will be incurred in complying with the proposed revisions to R.43-262.4.

Statement of Rationale:

Students who have successfully completed a gateway course and then take a course based on the same academic standards should not be re quired to take the same subject end-of-course test a second time.

Document No. 4280 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

Synopsis:

(1) The Department has amended Regulations 61- 62.60, New Source Performance Standards; 61-62.61, National Emission Standards for Hazardous Air Polluta nts (NESHAP); and 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Sour ce Categories; to incorporate by reference recent federal amendments published from Ja nuary 1, 2010, through December 31, 2010. (2) The Department has also amended R. 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories, to incorporate a 2008 amendment to 40 CFR Part 63 based on a final rule entitled National Emission Standards for Hazardous Air Pollutants for S ource Category: Gasoline Dispensing Facilities (73 FR 35939; June 25, 2008). (3) The Depart ment has also amended R. 61-62.5, Standard 2, Ambient Air Quality Standards, and the State Implementation Plan to reform at the Ambient Air Quality Standards table and revise R. 61-62.5, Standard 2, to incorporate the deletion of an annual standard for particulate matter 10 micrometers52 FINAL REGULATIONS

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 in diameter and smaller (PM 10 ) that the EPA revoked in 2006 (71 FR 61144; October 17, 2006). (4) The Department has also amended R. 61-62.5, Standard 7, Prevention of Significant Deterioration, and the State Implementation Plan to incorporate maximum allowa ble increases in ambient pollutant concentrations (“increments”) required by the rule entitled Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ) – Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 64864; October 20, 2010). The Department has also amended R. 61- 62, Air Pollution Control Regulations and Standards, as necessary for internal consistency, clarification, reference, punctuation, codification, formatting, and spelling to improve the overall text of R. 61-62.

Discussion of Revisions:

SECTION CITATION/EXPLANATION OF CHANGE:

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

Regulation, 61-62.5, Standard No. 2, Ambient Air Quality Standards: Table is revised to make the information found therein more consistent with information found on the EPA’s National Ambient Air Quality Standards table which can be found at http://www.epa.gov/air/criteria.html . This reformatting consists of deleting a ll footnotes and adding applicable CFR references in order to minimize confusion. Unit columns are added to ease standard use, comparison, and conversion. Test method references are updated and the annual standard for particulate matter 10 micrometers in diameter and smaller (PM 10 ), which the EPA revoked in 2006, is dele ted (71 FR 61144; October 17, 2006).

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

Regulation, 61-62.5, Standard No. 7, Prevention of Si gnificant Deterioration, paragraph (b)(5)(i) and (ii), “Baseline area”: The definition of “baseline area” is am ended to incorporate two citation chan ges and to specify pollutants with their respective air quality impact annual averages.

Regulation, 61-62.5, Standard No. 7, Prevention of Si gnificant Deterioration, para graph (b)(31)(i)(a) through (c), “Major source baseline date”: The definition of “Major source baseline date” is am ended to remove the term “particulate matter,” to distinguish between PM 10 and PM 2.5 , and to add item (c) which institut es a major source baseline date for PM 2.5 . Regulation, 61-62.5, Standard No. 7, Prevention of Si gnificant Deterioration, para graph (b)(31)(ii)(a) through (c), “Minor source baseline date”: The definition of “Minor source baseline date” is am ended to remove the term “particulate matter,” to distinguish between PM 10 and PM 2.5 , and to add item (c) which institut es a major source baseline date for PM 2.5 . Regulation, 61-62.5, Standard No. 7, Prevention of Significant Deterioration, paragraph (b)(31)(iii)(a): Amended to incorporate a citation change and to incorporate a reference to “40 CFR 51.166.”

Regulation, 61-62.5, Standard No. 7, Prevention of Si gnificant Deterioration, para graph (c), “Ambient air increments”: Table is amended to replace “particulate matter” with “PM 10 ,” to remove “PM 10 ” from the center column, and to institute Class I, II, and III allowances for PM 2.5 . Regulation, 61-62.5, Standard No. 7, Prevention of Significant Deterioration, paragraph (p)(5), “Class I variances”:FINAL REGULATIONS 53

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 Amended to replace the text “and particulate matter” with “PM 2.5 , PM 10 ” and a succeeding comma. The table is amended to replace the phrase “Particulate matter” with “PM 10 ,” to remove “PM 10 ” from the center column, and to make allowances for PM 2.5 . Regulation, 61-62.60, South Carolina Designated Fa cility Plan and New Source Performance Standards (NSPS)

Regulation, 61-62.60, South Carolina Designated F acility Plan and New Source Performance Standards (NSPS): Tables in Subparts A and F are amended to incorporate revisions by reference.

Regulation, 61-62.60, South Carolina Designated F acility Plan and New Source Performance Standards (NSPS), Subpart F: In the introductory paragraph, a comma is added after the phrase “subpart F.”

Regulation, 61-62.61, National Emission Sta ndards for Hazardous Air Pollutants (NESHAP)

Regulation, 61-62.61, National Emission Sta ndards for Hazardous Air Pollutants (NESHAP): Table in Subpart A is amended to incorporate revisions by reference.

Regulation, 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories

Regulation, 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories: Tables in Subparts A, CC, LLL, ZZZZ, CCCCCC, VVVVVV, AAAAAAA, and CCC CCCC are amended to incorporate revisions by reference.

Regulation, 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories, Subpart A: In the introductory paragraph, a comma is added after the phrase “subpart A.”

Regulation, 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories: In the introductory paragraphs of Subparts CCCCCC, VVVVVV, AAAAAAA, and CCCCCCC, the phrase “and as subsequently amended upon publication in the Federal Register” is added after the phrase “as originally published in the Federal Register” and a comma is added after the word “below.”

Regulation, 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories: Subpart DDDDDDD is added to incorporate revisions by reference.

Instructions:

Amend Regulation 61-62, Air Pollution Control Regulations and Standards, pursuant to each instruction provided below with the text of the amendments.

Text:

R.61-62.5, Std. 2, Ambient Air Quality Standards54 FINAL REGULATIONS

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 Regulation 61-62.5, Std. 2, shall be revised as follows :

The following table, unless otherwise noted, constitutes the primary and secondary ambient air quality standards for the State of South Carolina. The computations for determining if the applicable standard is met, along with the analytical methods to be used, will be those applicable Federal Reference Methods and Interpretations published in the Appendices to 40 CFR 50, or those methods designa ted as Federal Equivalent Methods (FEM) in accordance with 40 CFR 53. In the case of Gaseous Fluorides, either the double paper tape sampler method (ASTM D-3266-91 or later), the sodium bi carbonate-coated glass tube and particulate filter method (ASTM D-3268-91 or later), or an approved method may be used.

Pollutant Reference Measuring Interval Standard Level

mg/m 3 μ g/m 3 ppm ppb Sulfur Dioxide 40 CFR 50.4 40 CFR 50.5 3 hour (secondary) - 1300 0.5 -

24 hour (primary) - 365 0.14 -

Annual (primary) - 80 0.030 -

PM 10 40 CFR 50.6 24 hour - 150 - -

PM 2.5 40 CFR 50.13 24 hour - 35 - - Annual - 15 - -

Carbon Monoxide 40 CFR 50.8 1 hour (no secondary) 40 - 35 -

8 hour (no secondary) 10 - 9 -

Ozone 40 CFR 50.10 8 hour (1997) - - 0.08 - 40 CFR 50.15 8 hour (2008) - - 0.075 -

Gaseous Fluorides (as HF) State Regulation (1978) 12 hour - 3.7 - - 24 hour - 2.9 - - 1 week - 1.6 - - 1 month - 0.8 - -

Nitrogen Dioxide 40 CFR 50.11 Annual - 100 0.053 53

Lead 40 CFR 50.16 Rolling 3- month Average - 0.15 - -

R. 61-62.5, Std. 7, Prevention of Significant Deterioration

Regulation 61-62.5, Std. 7, paragraph (b)(5 )(i) and (ii), shall be revised as follows:

(5)(i) “Baseline area” means any intrastate area (and every part thereof) designated as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of th e Clean Air Act in which the major source or majorFINAL REGULATIONS 55

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 modification establishing the minor source baseline date w ould construct or would have an air quality impact for the pollutant for which the base line date is established, as follows: Equal to or greater than 1 μg/m 3 (annual average) for SO 2 , NO 2 , or PM 10 ; or equal or greater than 0.3 μg/m 3 (annual average) for PM 2.5 . (ii) Area redesignations under section 107(d)(1)(A)(ii) or (iii) of the Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

(a) Establishes a minor source baseline date; or

(b) Is subject to 40 CFR 51.166 and would be constructed in the sa me state as the state proposing the redesignation.

Regulation 61-62.5, Std. 7, paragraph (b)(31)(i ) through (iii)(b), shall be revised as follows:

(31)(i) “Major source baseline date” means:

(a) In the case of PM 10 and sulfur dioxide, January 6, 1975;

(b) In the case of nitrogen dioxide, February 8, 1988; and

(c) In the case of PM 2.5 , October 20, 2010.

(ii) “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 submits a complete application under the relevant regulations. The trigger date is:

(a) In the case of PM 10 and sulfur dioxide, August 7, 1977;

(b) In the case of nitrogen dioxide, February 8, 1988; and

(c) In the case of PM 2.5 , October 20, 2011.

(iii) The baseline date is established for each pol lutant for which increments or other equivalent measures have been established if:

(a) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107(d)(1)(A)( ii) or (iii) of the Federal Clean Air Act for the pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and

(b) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.

Regulation 61-62.5, Std. 7, paragraph (c), shall be revised as follows:

(c) Ambient air increments.

In areas designated as Class I, II or III, increases in po llutant concentration over the baseline concentration shall be limited to the following:56 FINAL REGULATIONS

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 CLASS I

Pollutant Maximum Allowable Increase (micrograms per cubic meter)

PM 2.5 : annual arithmetic mean 1 24-hr maximum 2

PM 10 : annual arithmetic mean 4 24-hr maximum 8

Sulfur dioxide: annual arithmetic mean 2 24-hr maximum 5 3-hr maximum 25 Nitrogen dioxide: annual arithmetic mean 2.5

CLASS II

Pollutant Maximum Allowable Increase (micrograms per cubic meter)

PM 2.5 : annual arithmetic mean 4 24-hr maximum 9

PM 10 : annual arithmetic mean 17 24-hr maximum 30

Sulfur dioxide: annual arithmetic mean 20 24-hr maximum 91 3-hr maximum 512 Nitrogen dioxide: annual arithmetic mean 25

CLASS III

Pollutant Maximum Allowable Increase (micrograms per cubic meter)

PM 2.5 : annual arithmetic mean 8 24-hr maximum 18

PM 10 : annual arithmetic mean 34 24-hr maximum 60

Sulfur dioxide: annual arithmetic mean 40 24-hr maximum 182 3-hr maximum 700 Nitrogen dioxide: annual arithmetic mean 50

For any period other than an annual period, the a pplicable maximum allowabl e increase may be exceeded during one such period per year at any one location.

Regulation 61-62.5, Std. 7, paragraph (p)(5), shall be revised as follows:

(5) Class I variances. The owner or operator of a pr oposed source or modification may demonstrate to the Federal Land Manager that the emissions from such s ource or modification would have no adverse impact on the air quality related values of any such lands (includi ng visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases fo r a Class I area. If the Federal Land Manager concurs with such demonstration and so certifies, the State may authorize the Administra tor: Provided, That the applicable requirements of this regulation are otherwise met, to issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, PM 2.5 , PM 10 , and nitrogen oxides would notFINAL REGULATIONS 57

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 exceed the following maximum allowable increases ove r minor source baseline concentration for such pollutants:

Pollutant Maximum Allowable Increase (micrograms per cubic meter)

PM 2.5 : annual arithmetic mean 4 24-hr maximum 9

PM 10 : annual arithmetic mean 17 24-hr maximum 30

Sulfur dioxide: annual arithmetic mean 20 24-hr maximum 91 3-hr maximum 325 Nitrogen dioxide: annual arithmetic mean 25

R. 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards (NSPS)

Subpart A - “General Provisions”

Regulation 61-62.60, Subpart A, shall be revised as follows:

The provisions of Title 40 CFR Part 60, subpart A, as originally published in the Federal Register and as subsequently amended upon publication in the Federal Register as listed be low, are incorporated by reference as if fully repeated herein.

40 CFR Part 60 subpart A Federal Register Citation Volume Date Notice Original Promulgation Vol. 36 December 23, 1971 [36 FR 24877] Revision Vol. 38 October 15, 1973 [38 FR 28565] Revision Vol. 39 March 8, 1974 [39 FR 9314] Revision Vol. 39 November 12, 1974 [39 FR 39873] Revision Vol. 40 April 25, 1975 [40 FR 18169] Revision Vol. 40 October 6, 1975 [40 FR 46254] Revision Vol. 40 November 17, 1975 [40 FR 53346] Revision Vol. 40 December 16, 1975 [40 FR 58418] Revision Vol. 40 December 22, 1975 [40 FR 59205] Revision Vol. 41 August 20, 1976 [41 FR 35185] Revision Vol. 42 July 19, 1977 [42 FR 37000] Revision Vol. 42 July 27, 1977 [42 FR 38178] Revision Vol. 42 November 1, 1977 [42 FR 57126] Revision Vol. 43 March 3, 1978 [43 FR 8800] Revision Vol. 43 August 3, 1978 [43 FR 34347] Revision Vol. 44 June 11, 1979 [44 FR 33612] Revision Vol. 44 September 25, 1979 [44 FR 55173] Revision Vol. 45 January 23, 1980 [45 FR 5617] Revision Vol. 45 April 4, 1980 [45 FR 23379] Revision Vol. 45 December 24, 1980 [45 FR 85415] Revision Vol. 47 January 8, 1982 [47 FR 951] Revision Vol. 47 July 23, 1982 [47 FR 31876] Revision Vol. 48 March 30, 1983 [48 FR 13326] Revision Vol. 48 May 25, 1983 [48 FR 23610]58 FINAL REGULATIONS

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 40 CFR Part 60 subpart A Federal Register Citation Volume Date Notice Revision Vol. 48 July 20, 1983 [48 FR 32986] Revision Vol. 48 October 18, 1983 [48 FR 48335] Revision Vol. 50 December 27, 1985 [50 FR 53113] Revision Vol. 51 January 15, 1986 [51 FR 1790] Revision Vol. 51 January 21, 1986 [51 FR 2701] Revision Vol. 51 November 25, 1986 [51 FR 42796] Revision Vol. 52 March 26, 1987 [52 FR 9781, 9782] Revision Vol. 52 April 8, 1987 [52 FR 11428] Revision Vol. 52 May 11, 1987 [52 FR 17555] Revision Vol. 52 June 4, 1987 [52 FR 21007] Revision Vol. 54 February 14, 1989 [54 FR 6662] Revision Vol. 54 May 17, 1989 [54 FR 21344] Revision Vol. 55 December 13, 1990 [55 FR 51382] Revision Vol. 57 July 21, 1992 [57 FR 32338, 32339] Revision Vol. 59 March 16, 1994 [59 FR 12427, 12428] Revision Vol. 59 September 15, 1994 [59 FR 47265] Revision Vol. 61 March 12, 1996 [61 FR 9919] Revision Vol. 62 February 24, 1997 [62 FR 8328] Revision Vol. 62 September 15, 1997 [62 FR 48348] Revision Vol. 63 May 4, 1998 [63 FR 24444] Revision Vol. 64 February 12, 1999 [64 FR 7463] Revision Vol. 65 August 10, 2000 [65 FR 48914] Revision Vol. 65 October 17, 2000 [65 FR 61744] Revision Vol. 65 December 6, 2000 [65 FR 76350, 76378] Revision Vol. 65 December 14, 2000 [65 FR 78268] Revision Vol. 66 February 6, 2001 [66 FR 9034] Revision Vol. 67 June 28, 2002 [67 FR 43550] Revision Vol. 68 April 14, 2003 [68 FR 17990] Revision Vol. 68 May 28, 2003 [68 FR 31611] Revision Vol. 69 July 8, 2004 [69 FR 41346] Revision Vol. 70 December 16, 2005 [70 FR 74870] Revision Vol. 71 June 1, 2006 [71 FR 31100] Revision Vol. 71 July 6, 2006 [71 FR 38482] Revision Vol. 72 May 16, 2007 [72 FR 27437] Revision Vol. 72 June 13, 2007 [72 FR 32710] Revision Vol. 73 January 18, 2008 [73 FR 3568] Revision Vol. 73 April 3, 2008 [73 FR 18162] Revision Vol. 73 May 6, 2008 [73 FR 24870] Revision Vol. 73 May 27, 2008 [73 FR 30308] Revision Vol. 73 June 24, 2008 [73 FR 35838] Revision Vol. 73 December 22, 2008 [73 FR 78199] Revision Vol. 74 January 28, 2009 [74 FR 5072] Revision Vol. 74 October 6, 2009 [74 FR 51368] Revision Vol. 74 October 8, 2009 [74 FR 51950] Revision Vol. 74 December 17, 2009 [74 FR 66921] Revision Vol. 75 September 9, 2010 [75 FR 54970] Revision Vol. 75 September 13, 2010 [75 FR 55636]FINAL REGULATIONS 59

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 Subpart F - “Standards of Performance for Portland Cement Plants”

Regulation 61-62.60, Subpart F, shall be revised as follows:

The provisions of Title 40 CFR Part 60, subpart F, as originally published in the Federal Register and as subsequently amended upon publication in the Federal Register as listed be low, are incorporated by reference as if fully repeated herein.

40 CFR Part 60 subpart F

Federal Register Citation Volume Date Notice Original Promulgation Vol. 36 December 23, 1971 [36 FR 24877] Revision Vol. 39 June 14, 1974 [39 FR 20793] Revision Vol. 39 November 12, 1974 [39 FR 39874] Revision Vol. 40 October 6, 1975 [40 FR 46258] Revision Vol. 42 July 25, 1977 [42 FR 37936] Revision Vol. 53 December 14, 1988 [53 FR 50363] Revision Vol. 54 February 14, 1989 [54 FR 6666] Revision Vol. 65 October 17, 2000 [65 FR 61744] Revision Vol. 75 September 9, 2010 [75 FR 54970]

R. 61-62.61, National Emission Standard s for Hazardous Air Pollutants (NESHAP)

Subpart A - “General Provisions”

Regulation 61-62.61, Subpart A, shall be revised as follows:

The provisions of Title 40 CFR Part 61, subpart A, as originally published in the Federal Register and as subsequently amended upon publication in the Federal Register as listed be low, are incorporated by reference as if fully repeated herein.

40 CFR Part 61 subpart A Federal Register Citation Volume Date Notice Original Promulgation Vol. 38 April 6, 1973 [38 FR 8826] Revision Vol. 40 April 25, 1975 [40 FR 18170] Revision Vol. 40 October 14, 1975 [40 FR 48299] Revision Vol. 42 September 29, 1977 [42 FR 51574] Revision Vol. 44 September 25, 1979 [44 FR 55174] Revision Vol. 48 January 27, 1983 [48 FR 3740] Revision Vol. 48 December 9, 1983 [48 FR 55266] Revision Vol. 49 June 6, 1984 [49 FR 23520] Revision Vol. 50 November 7, 1985 [50 FR 46290] Revision Vol. 50 November 7, 1985 [50 FR 46291] Revision Vol. 50 November 7, 1985 [50 FR 46292] Revision Vol. 50 November 7, 1985 [50 FR 46293] Revision Vol. 50 November 7, 1985 [50 FR 46294] Revision Vol. 51 March 5, 1986 [51 FR 7715] Revision Vol. 51 March 5, 1986 [51 FR 7719] Revision Vol. 51 April 1, 1986 [51 FR 11022] Revision Vol. 51 September 30, 1986 [51 FR 34914] Revision Vol. 52 October 8, 1987 [52 FR 37617]60 FINAL REGULATIONS

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 40 CFR Part 61 subpart A Federal Register Citation Volume Date Notice Revision Vol. 54 September 14, 1989 [54 FR 38073] Revision Vol. 54 December 15, 1989 [54 FR 51704] Revision Vol. 55 March 7, 1990 [55 FR 8341] Revision Vol. 55 May 2, 1990 [55 FR 18331] Revision Vol. 55 May 31, 1990 [55 FR 22027] Revision Vol. 55 August 13, 1990 [55 FR 32914] Revision Vol. 57 January 13, 1992 [57 FR 1226] Revision Vol. 57 March 5, 1992 [57 FR 8016] Revision Vol. 58 January 7, 1993 [58 FR 3105] Revision Vol. 58 January 21, 1993 [58 FR 5299] Revision Vol. 58 April 7, 1993 [58 FR 18014] Revision Vol. 59 March 11, 1994 [59 FR 11554] Revision Vol. 59 March 16, 1994 [59 FR 12408] Revision Vol. 59 June 17, 1994 [59 FR 31157] Revision Vol. 59 July 15, 1994 [59 FR 36280] Revision Vol. 60 March 15, 1995 [60 FR 13912] Revision Vol. 60 August 21, 1995 [60 FR 43396] Revision Vol. 60 September 5, 1995 [60 FR 46206] Revision Vol. 60 September 28, 1995 [60 FR 50244] Revision Vol. 61 December 30, 1996 [61 FR 68972] Revision Vol. 62 January 14, 1997 [62 FR 1832] Revision Vol. 62 February 24, 1997 [62 FR 8314] Revision Vol. 63 December 1, 1998 [63 FR 66054] Revision Vol. 64 February 3, 1999 [64 FR 5574] Revision Vol. 64 February 12, 1999 [64 FR 7458] Revision Vol. 64 May 6, 1999 [64 FR 24288] Revision Vol. 65 February 28, 2000 [65 FR 10391] Revision Vol. 65 October 17, 2000 [65 FR 61744] Revision Vol. 65 December 14, 2000 [65 FR 78268] Revision Vol. 66 June 15, 2001 [66 FR 32545] Revision Vol. 66 August 13, 2001 [66 FR 42425, 42427] Revision Vol. 66 September 19, 2001 [66 FR 48211] Revision Vol. 67 January 23, 2002 [67 FR 3106] Revision Vol. 67 March 14, 2002 [67 FR 11417] Revision Vol. 67 April 26, 2002 [67 FR 20652] Revision Vol. 67 June 10, 2002 [67 FR 39622] Revision Vol. 67 September 9, 2002 [67 FR 57159] Revision Vol. 67 October 7, 2002 [67 FR 62395] Revision Vol. 68 April 7, 2003 [68 FR 16726] Revision Vol. 68 May 28, 2003 [68 FR 31611] Revision Vol. 68 June 17, 2003 [68 FR 35792] Revision Vol. 68 December 11, 2003 [68 FR 69036] Revision Vol. 69 March 26, 2004 [69 FR 15687] Revision Vol. 69 April 9, 2004 [69 FR 18801] Revision Vol. 72 May 16, 2007 [72 FR 27437] Revision Vol. 73 April 3, 2008 [73 FR 18162] Revision Vol. 73 May 6, 2008 [73 FR 24870] Revision Vol. 74 October 27, 2009 [74 FR 55142]FINAL REGULATIONS 61

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 40 CFR Part 61 subpart A Federal Register Citation Volume Date Notice Revision Vol. 75 September 13, 2010 [75 FR 55636]

R. 61-62.63 – National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories

Subpart A - “General Provisions”

Regulation 61-62.63, Subpart A, shall be revised as follows:

The provisions of Title 40 CFR Part 63, subpart A, as originally published in the Federal Register and as subsequently amended upon publication in the Federal Register as listed be low, are incorporated by reference as if fully repeated herein.

40 CFR Part 63 subpart A Federal Register Citation Volume Date Notice Original Promulgation Vol. 59 March 16, 1994 [59 FR 12430] Revision Vol. 59 April 22, 1994 [59 FR 19453] Revision Vol. 59 December 6, 1994 [59 FR 62589] Revision Vol. 60 January 25, 1995 [60 FR 4963] Revision Vol. 60 June 27, 1995 [60 FR 33122] Revision Vol. 60 September 1, 1995 [60 FR 45980] Revision Vol. 61 May 21, 1996 [61 FR 25399] Revision Vol. 61 December 17, 1996 [61 FR 66227] Revision Vol. 62 December 10, 1997 [62 FR 65024] Revision Vol. 63 May 4, 1998 [63 FR 24444] Revision Vol. 63 May 13, 1998 [63 FR 26465] Revision Vol. 63 September 21, 1998 [63 FR 50326] Revision Vol. 63 October 7, 1998 [63 FR 53996] Revision Vol. 63 December 1, 1998 [63 FR 66061] Revision Vol. 64 January 28, 1999 [64 FR 4300] Revision Vol. 64 February 12, 1999 [64 FR 7468] Revision Vol. 64 April 12, 1999 [64 FR 17562] Revision Vol. 64 June 10, 1999 [64 FR 31375] Revision Vol. 65 October 17, 2000 [65 FR 61744] Revision Vol. 67 February 14, 2002 [67 FR 6968] Revision Vol. 67 February 27, 2002 [67 FR 9156] Revision Vol. 67 April 5, 2002 [67 FR 16582] Revision Vol. 67 June 10, 2002 [67 FR 39794] Revision Vol. 67 July 23, 2002 [67 FR 48254] Revision Vol. 68 February 18, 2003 [68 FR 7706] Revision Vol. 68 April 21, 2003 [68 FR 19375] Revision Vol. 68 May 6, 2003 [68 FR 23898] Revision Vol. 68 May 8, 2003 [68 FR 24653] Revision Vol. 68 May 20, 2003 [68 FR 27646] Revision Vol. 68 May 23, 2003 [68 FR 28606] Revision Vol. 68 May 27, 2003 [68 FR 28774] Revision Vol. 68 May 28, 2003 [68 FR 31746] Revision Vol. 68 May 29, 2003 [68 FR 32172]62 FINAL REGULATIONS

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 40 CFR Part 63 subpart A Federal Register Citation Volume Date Notice Revision Vol. 68 May 30, 2003 [68 FR 32586] Revision Vol. 68 November 13, 2003 [68 FR 64432] Revision Vol. 68 December 19, 2003 [68 FR 70960] Revision Vol. 69 January 2, 2004 [69 FR 130] Revision Vol. 69 February 3, 2004 [69 FR 5038] Revision Vol. 69 April 9, 2004 [69 FR 18801] Revision Vol. 69 April 19, 2004 [69 FR 20968] Revision Vol. 69 April 22, 2004 [69 FR 21737] Revision Vol. 69 April 26, 2004 [69 FR 22602] Revision Vol. 69 June 15, 2004 [69 FR 33474] Revision Vol. 69 July 30, 2004 [69 FR 45944] Revision Vol. 69 September 13, 2004 [69 FR 55218] Revision Vol. 70 April 15, 2005 [70 FR 19992] Revision Vol. 70 May 20, 2005 [70 FR 29400] Revision Vol. 70 October 12, 2005 [70 FR 59402] Revision Vol. 71 February 16, 2006 [71 FR 8342] Revision Vol. 71 April 20, 2006 [71 FR 20446] Revision Vol. 71 July 28, 2006 [71 FR 42898] Revision Vol. 71 December 6, 2006 [71 FR 70651] Revision Vol. 72 January 3, 2007 [72 FR 26] Revision Vol. 72 January 23, 2007 [72 FR 2930] Revision Vol. 72 July 16, 2007 [72 FR 38864] Revision Vol. 72 October 29, 2007 [72 FR 61060] Revision Vol. 72 November 16, 2007 [72 FR 64860] Revision Vol. 72 December 26, 2007 [72 FR 73180] Revision Vol. 72 December 28, 2007 [72 FR 74088] Revision Vol. 73 January 2, 2008 [73 FR 226] Revision Vol. 73 January 9, 2008 [73 FR 1738] Revision Vol. 73 January 10, 2008 [73 FR 1916] Revision Vol. 73 January 18, 2008 [73 FR 3568] Revision Vol. 73 February 7, 2008 [73 FR 7210] Revision Vol. 73 March 7, 2008 [73 FR 12275] Revision Vol. 73 July 23, 2008 [73 FR 42978] Revision Vol. 73 December 22, 2008 [73 FR 78199] Revision Vol. 74 June 25, 2009 [74 FR 30366] Revision Vol. 74 October 28, 2009 [74 FR 55670] Revision Vol. 75 September 9, 2010 [75 FR 54970] Revision Vol. 75 September 13, 2010 [75 FR 55636]

Subpart CC - “National Emission Standards for Haza rdous Air Pollutants From Petroleum Refineries”

Regulation 61-62.63, Subpart CC, shall be revised as follows:

The provisions of Title 40 CFR Part 63, subpart CC, as originally published in the Federal Register and as subsequently amended upon publication in the Federal Register as listed be low, are incorporated by reference as if fully repeated herein.FINAL REGULATIONS 63

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 40 CFR Part 63 subpart CC Federal Register Citation Volume Date Notice Original Promulgation Vol. 60 August 18, 1995 [60 FR 43260] Revision Vol. 60 September 27, 1995 [60 FR 49976] Revision Vol. 61 February 23, 1996 [61 FR 7051] Revision Vol. 61 June 12, 1996 [61 FR 29878] Revision Vol. 61 June 28, 1996 [61 FR 33799] Revision Vol. 62 February 21, 1997 [62 FR 7938] Revision Vol. 63 March 20, 1998 [63 FR 13537] Revision Vol. 63 May 18, 1998 [63 FR 27212] Revision Vol. 63 June 9, 1998 [63 FR 31361] Revision Vol. 63 August 18, 1998 [63 FR 44140] Revision Vol. 65 May 8, 2000 [65 FR 26491] Revision Vol. 65 July 6, 2000 [65 FR 41594] Revision Vol. 66 May 25, 2001 [66 FR 28840] Revision Vol. 68 June 23, 2003 [68 FR 37334] Revision Vol. 74 October 28, 2009 [74 FR 55670] Revision Vol. 75 June 30, 2010 [75 FR 37730]

Subpart LLL - “National Emission Standards for the Portland Cement Manufacturing Industry”

Regulation 61-62.63, Subpart LLL, shall be revised as follows:

The provisions of Title 40 CFR Part 63, subpart LLL, as originally published in the Federal Register and as subsequently amended upon publication in the Federal Register as listed be low, are incorporated by reference as if fully repeated herein.

40 CFR Part 63 subpart LLL Federal Register Citation Volume Date Notice Original Promulgation Vol. 64 June 14, 1999 [64 FR 31925] Revision Vol. 64 September 30, 1999 [64 FR 53070] Revision Vol. 67 April 5, 2002 [67 FR 16614] Revision Vol. 67 December 6, 2002 [67 FR 72580] Revision Vol. 68 June 23, 2003 [68 FR 37334] Revision Vol. 71 December 20, 2006 [71 FR 76518] Revision Vol. 75 September 9, 2010 [75 FR 54970]

Subpart ZZZZ - “National Emission Standards fo r Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines”

Regulation 61-62.63, Subpart ZZZZ , shall be revised as follows:

The provisions of Title 40 CFR Part 63, subpart ZZZZ, as originally published in the Federal Register and as subsequently amended upon publication in the Federa l Register as listed below, are incorporated by reference as if fully repeated herein.

40 CFR Part 63 subpart ZZZZ Federal Register Citation Volume Date Notice Original Promulgation Vol. 69 June 15, 2004 [69 FR 33474] Revision Vol. 71 April 20, 2006 [71 FR 20446]64 FINAL REGULATIONS

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 40 CFR Part 63 subpart ZZZZ Federal Register Citation Volume Date Notice Revision Vol. 73 January 18, 2008 [73 FR 3568] Revision Vol. 75 March 3, 2010 [75 FR 9648] Revision Vol. 75 June 30, 2010 [75 FR 37732] Revision Vol. 75 August 20, 2010 [75 FR 51570]

Subpart CCCCCC - “National Emission Standards For Hazardous Air Pollutant s For Source Category: Gasoline Dispensing Facilities”

Regulation 61-62.63, Subpart CCCCCC, shall be revised as follows:

The provisions of Title 40 CFR Part 63, subpart CCCCCC, as originally published in the Federal Register and as subsequently amended upon publi cation in the Federal Register as li sted below, are incorporated by reference as if fully repeated herein.

40 CFR Part 63 subpart CCCCCC Federal Register Citation Volume Date Notice Original Promulgation Vol. 73 January 10, 2008 [73 FR 1916] Revision Vol. 73 March 7, 2008 [73 FR 12275] Revision Vol. 73 June 25, 2008 [73 FR 35939]

Subpart VVVVVV - “National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources”

Regulation 61-62.63, Subpart VVVVVV, shall be revised as follows:

The provisions of Title 40 CFR Part 63, subpart VVVVVV, as originally published in the Federal Register and as subsequently amended upon publi cation in the Federal Register as li sted below, are incorporated by reference as if fully repeated herein.

40 CFR Part 63 subpart VVVVVV Federal Register Citation Volume Date Notice Original Promulgation Vol. 74 October 29, 2009 [74 FR 56008] Revision Vol. 75 December 14, 2010 [75 FR 77760]

Subpart AAAAAAA - “National Emission Standards fo r Hazardous Air Pollutant s for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing”

Regulation 61-62.63, Subpart AAAAAAA, shall be revised as follows:

The provisions of Title 40 CFR Part 63, subpart AAAAA AA, as originally published in the Federal Register and as subsequently amended upon publi cation in the Federal Register as li sted below, are incorporated by reference as if fully repeated herein.

40 CFR Part 63 subpart AAAAAAA Federal Register Citation Volume Date Notice Original Promulgation Vol. 74 December 2, 2009 [74 FR 63236] Revision Vol. 75 March 18, 2010 [75 FR 12988]FINAL REGULATIONS 65

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 Subpart CCCCCCC - “National Emission Standards for Hazardous Air Pollu tants: Area Source Standards for Paints and Allied Products Manufacturing”

Regulation 61-62.63, Subpart CCCCCCC, shall be revised as follows:

The provisions of Title 40 CFR Part 63, subpart CCCCCCC, as originally published in the Federal Register and as subsequently amended upon publi cation in the Federal Register as li sted below, are incorporated by reference as if fully repeated herein.

40 CFR Part 63 subpart CCCCCCC Federal Register Citation Volume Date Notice Original Promulgation Vol. 74 December 3, 2009 [74 FR 63504] Revision Vol. 75 March 5, 2010 [75 FR 10184] Revision Vol. 75 June 3, 2010 [75 FR 31317]

Regulation 61-62.63, Subpart DDDDDDD shall be added in alpha-numeric order as follows:

Subpart DDDDDDD – “National Emission Standards for Hazardous Air Pollu tants: Area Source Standards for Prepared Feeds Manufacturing”

The provisions of Title 40 CFR Part 63, subpart DDDDDDD, as originally published in the Federal Register and as subsequently amended upon publicati on in the Federal Register as listed below, are incorporated by reference as if fully repeated herein.

40 CFR Part 63 subpart DDDDDDD Federal Register Citation Volume Date Notice Original Promulgation Vol. 75 January 5, 2010 [75 FR 522] Revision Vol. 75 July 20, 2010 [75 FR 41991]

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: (1) Amendments to Regulations 61-62.60, New Source Performance Standards (NSPS); 61-62.61, National Emission Standards for Hazardous Air Pollutants (NESHAP); and 61- 62.63, National Emission Standards for Hazardous Ai r Pollutants (NESHAP) for Source Categories. (2) Amendments to Regulations 61-62.63, National Emi ssion Standards for Hazardous Air Pollutants (NESHAP) for Source Categories, to incorporate a 2008 rule en titled National Emission Sta ndards for Hazardous Air Pollutants for Source Category: Gasoline Dispen sing Facilities (73 FR 35939; June 25, 2008). (3) Amendments to R. 61-62.5, Standard 2, Ambient Air Qu ality Standards, to reformat the Ambient Air Quality Standards table and revise R. 61-62.5, Standard 2, to delete an annual standard for particulate matter 10 micrometers in diameter and smaller (PM 10 ) that the EPA revoked in 2006 (71 FR 61144; October 17, 2006). (4) Amendments to R. 61-62.5, Standard 7, Prevention of Significant Deterioration, to incorporate maximum allowable increases in ambient pollutant concentrations (“increments”) required by the rule entitled Prevention of Significant Deterioration (PSD) for Par ticulate Matter Less Than 2.5 Micrometers (PM 2.5 ) – Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 64864; October 20, 2010). The Department also proposes other changes to R. 61-62, Air Pollution Control Regulations and Standards , which include corrections for internal consis tency, clarification, reference, punctuation, codification, formatting, and spelling to improve the overall text of R. 61-62.66 FINAL REGULATIONS

South Carolina State Register Vol. 36, Issue 4 April 27, 2012 Purpose: These amendments will maintain conformity w ith Federal requirements and ensure compliance with federal standards pursuant to 40 CFR Parts 50, 51, 52, 60, 61, and 63.

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 amendments will take effect upon approval by the Board of Health and Environmental Control and publication in the State Regi ster. These requirements are in place at the federal level and are currently being implem ented. The proposed amendments w ill be implemented in South Carolina by providing the regulated community with copies of the regulation, publishing associated information on our website at http://www.scdhec.gov/administration/regs/ , sending an email to stak eholders, and communicating with affected facilities during the permitting process.

DETERMINATION OF NEED AND REASONABLEN ESS OF THE REGULATION BASED ON ALL FACTORS HEREIN AND EXPECTED BENEFITS:

The EPA promulgates amendments to 40 CFR Parts 50, 51, 52, 60, 61, and 63 throughout each calendar year. Recent federal amendments included revisions to the Prevention of Significant Deterioration program for PM 2.5 to incorporate increments and screening tools, the deletion of an annual standa rd for particulate matter 10 micrometers in diameter and smaller (PM 10 ), as well as new and revised NSPS rules, NESHAPs, and NESHAPs for Source Categories. States are mandated by law to adopt these Federal amendments. These amendments are reasonable as they promote consistenc y 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 po litical subdivisions resulting from this revision. The standards to be adopted are already effective and applicable to the regulated community as a matter of federal law, thus the regulated community has already incurre d the cost of these regulations. The amendments will benefit the regulated community by clarifying th e 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 amendments to R. 61-62, Air Pollution Control Regulations and Standards, and the SIP will provide continued protection of the environment and public health.

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.