Revisions to the South Carolina Air Implementation Plan Notices – Page 1

General Amendments to R. 61-62 July 18, 2011 

# Attachment 3 Notices of Drafting, Notice of Proposed Regulation; Transcript and Sign-In Sheet of the SIF; Transcript of the Public Hearing; and Notice of Final RegulationRevisions to the South Carolina Air Implementation Plan Notices – Page 2

General Amendments to R. 61-62 July 18, 2011 

### This Page Intentionally Left BlankRevisions to the South Carolina Air Implementation Plan Notices – Page 3

General Amendments to R. 61-62 July 18, 2011 

### Notices of Drafting................................

................................................... .............................4 Notice of Proposed Regulation......................

................................................... .....................8 Transcript and Sign-In Sheet of the SIF ............

................................................... .................16 Transcript of the Public Hearing ...................

................................................... .....................26 Notice of Final Regulation .........................

................................................... ........................3710 DRAFTING

South Carolina State Register Vol. 32, Issue 9 September 26, 2008 Synopsis: This regulation would deal with the quarantine of cert ain plant materials and imposing test requirements prior to the importation into the State of South Carolina of certain plant materials. Moreover should this pest be established and not quarantined, it could pose a serious threat to the export market. Light brown apple moth ( Epiphyas postvittana ) is already designated as a plant pest. Legislative review of this proposal will be required.

CLEMSON UNIVERSITY STATE CROP PEST COMMISSION CHAPTER 27 Statutory Authority: 1976 Code Section 46-9-40 Notice of Drafting: The State Crop Pest Commission is contemplating imposing a quarantine for Phytophthora Ramorum. Please address all comments to Dr. Christopher Ray, 511 W estinghouse Road, Pendleton, S. C. 29670. To be considered, comments must be received no later than 5:00 P.M., October 31, 2008, the close of the drafting comment period. Synopsis: This regulation would deal with the quarantine of cert ain plant materials and imposing test requirements prior to the importation into the State of South Carolina of certain plant materials. Phytophtora Ramorum is already designated as a plant pest, and is a serious threat to Oak trees and numerous other hosts. Legislative review of this proposal will be required.

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 proposes to make general revisions to Regulation 61- 62, Air Pollution Control Regulations and Standards, a nd the South Carolina Air Quality Implementation Plan (also known as the State Implementation Plan, or SIP). Inte rested persons are invited to present their views in writing to Andrew Hollis, Regulatory Development S ection, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. To be considered, written comments must be received by October 27, 2008, the close of the drafting comment period. Synopsis: The Department proposes to amend Regulation 61-62 and the SIP. In particular the Department will amend R.61-62.3, Air Pollution Episodes, to address particulat e matter; R.61-62.5; Standard No. 4, Emissions from Process Industries, to update or correct emission limitati ons for cotton gins and other source categories; and R.61-62.1, Definitions, and General Requirements, to update and correct requirements as necessary. Other revisions include correcting typographical errors, providi ng clarification, and the deletion or updating of obsolete requirements.DRAFTING 11

South Carolina State Register Vol. 32, Issue 9 September 26, 2008 These proposed amendments are not mandated by fe deral law and will require legislative review.

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq. Notice of Drafting: The South Carolina Department of Health and Environmen tal Control (Department) is proposing to amend R. 61-62, Air Pollution Control Regulations and Standards, and the South Carolina State Implementation Plan (SIP). The proposed amendments will be made in conjunc tion with revisions previously proposed in the April 25, 2008, State Register . Interested persons are invited to presen t their views concerning these amendments in writing to Christopher L. Vaigneur, Regulatory Developmen t Section, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. To be considered, comments must be received by October 27, 2008, the close of the drafting comment period. Synopsis: On May 1, 2007, the United States Environmental Protection Agency (EPA) published a final rule in the Federal Register entitled Prevention of Significant Deterioration, Nonattainment New Source Review, and Title V: Treatment of Certain Ethanol Production Facilities Under the ‘‘Major Emitting Facility’’ Definition (72 FR 24060) which excluded facilities that produce ethanol by natural fermentation and are classified in North American Industry Classification System (NAI CS) code 325193 or 312140 from the definition of ‘‘chemical process plants.’’ This final ru le became effective on July 2, 2007. The EPA made substantial changes to the federal ne w source review regulations in December 2002. In response, the Department revised state regulations and s ubmitted the revised SIP for review. On June 2, 2008, the EPA took final action to partially approve, disa pprove, and conditionally approve revisions to the SIP submitted by the State of South Carolina on July 1, 2005 in a final rule titled Approval and Promulgation of Implementation Plans; South Carolina; Prevention of Significant Deterioration and Nonattainment New Source Review Rules (73 FR 31368). This final rule became effec tive July 2, 2008. As part of the current conditional approval, the Department has agreed to revise the State Nonattainment New Source Review program and the SIP. A requirement of the current c onditional approval is the deve lopment of provisions for offsetting emission increases from new source review projects. 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 (PM 2.5 ) (73 FR 28321) which finalized regulations to implement the New Sour ce Review (NSR) program for fine particulate matter (that is, particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, generally referred to as “PM 2.5 ”). This final rule became effective July 15, 2008. The Department proposes to revise R. 61-62.5, Standard No.7, Prevention of Significant Deterioration, R. 61- 62.5, Standard No.7.1, Nonattainment New Source Review and the SIP to change the definition of “chemical process plants” and to include requirements of the a bove referenced finalized Federal regulations for implementing the NSR program for PM 2.5 . The Department also proposes to make all additiona l changes necessary (including implementation of provisions for offsetting emissions) for full EPA approva l of the State Nonattainment NSR program and the SIP. In addition, the Department proposes to make typographical corrections and clarifications to R.61-62 as necessary.DRAFTING NOTICES 17

South Carolina State Register Vol. 34, Issue 2 February 26, 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 Contro l is proposing to amend Regulation 61-62, Air Pollution Control Regulations and Standards and the South Carolina Air Quality Implementation Plan (State Implementation Plan or SIP). Interested persons are invited to present their views concerning these amendments in writing to Alan Hancock, Regulatory Development Section, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201, or via electronic mail at hancocam@dhec.sc.gov . To be considered, comments must be received by March 29, 2010, the close of the drafting comment period. Synopsis: The United States Environmental Protection Agency (EPA ) promulgates amendments to 40 CFR Parts 51, 60, 61, 63 and 72 throughout each calendar year. Recent federal amendments include clarification, guidance and technical amendments regarding New Source Performan ce Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and NESHAP for Source Categories. The Department proposes to amend Regulation 61-62.1, De finitions and General Requirements, to incorporate amendments to the definition of Volatile Organic Compounds (VOCs) promulgated by the EPA on January 12, 2009. The Department also proposes to amend Regulati ons 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards; 61-62.61, Nationa l Emission Standards for Hazardous Air Pollutants; 61-62.63, National Emission Standard s for Hazardous Air Pollutants (NESHAP) for Source Categories; and 61.62.72, Acid Rain, to incorporate by reference rece nt federal amendments promulgated during the period from January 1, 2009, through December 31, 2009. The Department may also propose typographical correc tions and clarifications to Regulation 61-62 as necessary. Pursuant to S.C. Code Section, 1-23-120(H)(1) the proposed amendments in this Notice will not be more stringent than the current federal requirement s and thus do not require legislative review.

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 proposes to make revisions to Regulation 61-62, Air Pollution Control Regulations and Standards; Regulati on 61-86.1, Standards of Performance for Asbestos Projects; and the South Carolina Air Quality Implementa tion Plan (SIP). This notice is being published to renew and supplement the revisions previously establis hed by the September 26, 2008, Notice of Drafting published in Volume 32, Issue 9 of the South Carolina State Register. Interested persons are invited to present their views in writing to Andrew Hollis, Regulatory Development Section, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. Comments may also be submitted via email to hollisao@dhec.sc.gov . To be considered, written comments must be received by March 29, 2010, the close of the drafting comment period.18 DRAFTING NOTICES

South Carolina State Register Vol. 34, Issue 2 February 26, 2010 Synopsis: The Department proposes to amend Regulation 61-62 and the SIP. In particular the Department will amend R.61-62.1, Definitions and General Requirements, to upda te and correct definitions and permit requirements; R. 61-62.5, Standard 1, Emissions From Fuel Burning Operations, to exclude the requirement for natural gas fired units to maintain a log of periods of startup an d shutdown; R. 61-62.5, Standard 2, Ambient Air Quality Standards, to remove the standard for Total Suspended Particle (TSP) a nd update exceedance limitation for the carbon monoxide (CO) standard; R.61-62.5, Standard No. 4, Emissions from Process Industries, to modify the regulatory strategy for cotton gins; and clarify the de finition for major source threshold throughout 61-62. The Department also proposes to delete R. 61-62.5, St andard 6, Alternative Emission Limitation Options (“Bubble”); and update the entirety of R. 61-62 to correct typographical errors, provide clarification, delete or update obsolete requirements. The Department also proposes to amend Regulation 61-86.1, Standards of Performance for Asbestos Projects, to revise Section XX.A.4 and add Section XX.J.3 to change the required frequency of building inspections for industrial manufacturing and electrical generating facilities from 3 years to 5 years. Pursuant to S.C. Code Section, 1-23-120(H)(1), th ese proposed amendments are not mandated by federal law and therefore, will require legislative review.

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 proposes to revise Regulation 61-9, Water Pollution Control Permits. Interested persons may subm it their comments in writing to Jeff deBessonet, Water Facilities Permitting Division, South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina 29201. For questions, call 803-898-4157 or email debessjp@dhec.sc.gov. To be considered, all comments must be received in writing no later than March 29, 2010 , the close of the drafting period. Synopsis: The Department intends to make changes to the regulation to adopt Federal Clean Water Act rules issued by the United States Environmental Protection Agency (EPA). EPA adopted regulations related to 316(b) of the Clean Water Act (40 CFR 125.80-89) on December 18, 2001. These phase one regulations address cooling water intakes at new facilities (power companies and manufacturing companies) with cooling water intakes greater than 2 MGD. Proposed revisions will not require legislative review.PROPOSED REGULATIONS 27

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 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. 4130 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq.
61-62.1. Definitions and General Requirements 61-86.1. Standards of Performance for Asbestos Projects
Preamble: Pursuant to S.C. Code Section 48-1-50, the South Carolina Department of Health and Environmental Control (Department) proposes to amend S.C. Regulation 61-62 , Air Pollution Control Regulations and Standards, Regulation 61-86.1, Standards of Performance for Asbest os Projects, and the State Implementation Plan (SIP) to correct typographical errors, update definitions, provide clarification, simplify the permit process, and delete or update obsolete requirements to ensure that we are efficiently and effectively meeting our goals of promoting and protecting the public health and the environment. In particular, the Department proposes to amend R.61- 62.1, Definitions and Gene ral Requirements, and the SIP to update and correct definitions and permit requireme nts; R. 61-62.5, Standard 1, Emissions From Fuel Burning Operations, to exclude the requirement for natu ral gas fired units to maintain a log of periods of startup and shutdown; R. 61-62.5, Standa rd 2, Ambient Air Quality Standards , to remove the standard for Total Suspended Particle (TSP) a nd update the exceedance limitation fo r the carbon monoxide (CO) standard; R.61-62.5, Standard No. 4, Emissions from Process Indus tries, to modify the regulatory strategy for cotton gins; and clarify the definition for major source threshold throughout 61-62. The Department also proposes to delete R. 61-62.5, Standard 6, Alternative Emission Limitation Options (“Bubble”); and update R. 61-62 to correct typographical errors, correct grammatical errors , provide clarification, a nd delete or update obsolete requirements to improve overall quality of the reg. The Department also proposes to amend R. 61-86.1, Standa rds of Performance for Asbestos Projects, to revise Section XX.A.4 and add Section XX.J.3 to change the re quired frequency of building inspections for industrial manufacturing and electrical generating facilities from 3 years to 5 years. Pursuant to S.C. Code Section, 1-23-120(H)(1), the proposed amendments to R. 61-62, Air Pollution Control Regulations and Standards , R. 61-86.1, Standards of Performance for Asbestos Projects , and the SIP will require legislative review. Notices of Drafting were published in the South Carolina State Register on September 26, 2008, in Volume 32, Issue No. 9; and on February 26, 2010, in Volume 34, Issue No. 2. The purpose of the second Notice of Drafting was to extend the drafting period initially estab lished by the September 26, 2008, drafting notice. The latest drafting comment peri od ended on March 29, 2010. Discussion of Proposed Revisions:
SECTION CITATION/EXPLANATION OF CHANGE: S.C. Regulation 61-62.1, Definitions and General Requirements28 PROPOSED REGULATIONS

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 R. 61-62.1, Section I – Definitions: Added definition “15. CAA - The Clean Air Act, as ame nded, 42 U.S.C. 7401 et seq. Also referred to as “the Act.” R. 61-62.1, Section I – Definitions: Amended definition for “Conditional major source” to replace, “in S.C. Regulation 61-62.70, Title V Operating Permit Program” with “by applicable Federal and State regulations” in order to take into account all federal requirements for major sources. R. 61-62.1, Section I Definitions: Clarified definition for “Department” to include refere nce to the “South Carolina” Department of Health and Environmental Control. R. 61-62.1, Section I – Definitions: Included “40 CFR sections 61, 63, and 70” in definiti on for “federally enforceable” in order to clarify applicability of Federal NESHAP and Title V regulations. R. 61-62.1, Section I Definitions: Changed the definition of “Fugitive Emission s” to be consistent with 40 CFR 51.166. R. 61-62.1, Section I – Definitions: Renamed definition of “Major Plant” to “Major source” for consistency and amended the definition to replace “one hundred tons per year or more of any regulated ai r pollutant” with “greater th an or equal to the major source threshold as defined by applicable Federal and State regulations” in order to take into account all federal requirements for major sources. R. 61-62.1, Section I - Definitions: Moved and renumbered definitions for “PM 10 ” and “PM 10 Emissions” to appropriate alphabetic place in definitions. Also deleted an unnecessary date reference in “PM 10 .” R. 61-62.1, Section I – Definitions: Added definition: “64. PM 2.5 – Particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by a reference method based on Appendix L of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method designated in accordance with 40 CFR 53.” R. 61-62.1, Section I – Definitions: Added definition: “65. PM 2.5 Emissions - Finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by a reference method approved by the Department, with concurrence of the U. S. Environmental Protection Agency.” R. 61-62.1, Section I – Definitions: Amended definition for “Secondary Emissions” to replace in stances of word “plant” with “source” to maintain consistency throughout all regulations. R. 61-62.1, Section I – Definitions: Renamed definition “Synthetic minor plant” to “Synthetic minor s ource” for consistency and amended the definition to replace “as defined in S.C. Regulation 61-62.5, Standard No. 7, Section I, Prevention of Significant Deterioration (“PSD”)” with “by applicable Fe deral and State regulations” in order to take into account all federal requirements for major sources.PROPOSED REGULATIONS 29

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 R. 61-62.1, Section I - Definitions: The definition of “Volatile Organic Compounds” is revised to add propylene carbonate and dimethyl carbonate to the list of chemicals that are excluded as Volatile Organic Compounds. R. 61-62.1, Section I – Definitions: Renumbered definitions in alpha-numeric order from definition 15 to end as needed for consistency. R. 61-62.1, Section II – Permit Requirements: Added introductory paragra ph before subsection II.A: “The following regulation will not supersede any State or Federal requirements nor special permit conditions, unless this regulation would impose a more restrictive emission limit. The owner or operator shall comply with all terms, conditions , and limitations of any Department-issued permit for sources or activities at its facility. A source’s permit status may change upon promulgation of new regulatory require ments” and deleted sections (A)(1)(a ) and (A)(4) to clarify terms that apply to all permits. R. 61-62.1, Section II.A.1.a: Section deleted and information included in the af orementioned new Section II introductory paragraph. R. 61-62.1, Section II.A.4: Section deleted and information included in the af orementioned new Section II introductory paragraph. R. 61-62.1, Section II.A.5: Reformatted the requirements necessary to extend construction permits and renumbered as necessary. R. 61-62.1, Section II.A(1): Enumerated last paragraph for section outline codification. R. 61-62.1, Section II.A: Enumerated last paragraph for section outline codification. R. 61-62.1, Section II.B.2.h: Added provision: “emissions calculations and any other information necessary to document qualification for this exemption must be maintained onsite and provided to the Department upon request” to require facilities to keep pertinent information for this exemption on site. R. 61-62.1, Section II.B.3: Changed the wording with regard to sources placed on a list of sources that are exempt without further review from the requirement to obtain a construction permit from “to have total uncontrolled emissions less than the thresholds in Section II (B)(2)(h)” to “will not interfere with the attainment or maintenance of any State or Federal Standard.” R. 61-62.1, Section II.B.4: Changed wording from “whose only emissions are fugitive” to “with only fugitive emissions” for simplicity. R. 61-62.1, Section II.B.6: Added the sentence “The Department reserves the right to require a construction permit and the need for permit(s) will be made by the Department on a case- by-case basis. This determination will take into consideration, but will not be limite d to the nature and amount of the pollutants, location, proximity to residences and commercial establishments, etc.” to allo w for the requirement of construction permits for facilities where other avenues of compliance are ineffective.30 PROPOSED REGULATIONS

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 R. 61-62.1, Section II.C.3.c: Corrected to specify that a facility’s Federal “Employer” Identification is necessary and added “Federal Tax ID Number” for clarity. R. 61-62.1, Section II.C.3.d: Amended to require applica tions include Standard Industrial Classifi cation (SIC) and North American Industry Classification System (NAICS) codes. R. 61-62.1, Section II.G.4: Added “or modified” to the title. R. 61-62.1, Section II.H.4.c: Corrected to specify that a facility’s Federal “Employer” Identification is necessary and added “Federal Tax ID Number” for clarity. R. 61-62.1, Section II.I.1.b: Corrected typographical and punctuation errors. R. 61-62.1, Section II.I.2.a: Revised to add “The Department reserves the right to require a construction or op erating permit and the need for permit(s) will be made by the Department on a cas e-by-case basis. This determination will take into consideration, but will not be limite d to the nature and amount of the pollutants, location, proximity to residences and commercial establishments, etc.” after the first sentence to allow for Department discretion in requiring a construction permit. R. 61-62.1, Section II.I.3.a: Reworded to specify that Registration Permits should contain any “applicable” cond itions to simplify permit process as the department finds appropriate. R. 61-62.1, Section II.J.1: Specified that the permit conditions apply to “construction and operating” permits. R. 61-62.1, Section II.J.1.b: Added “Any false information or misrepresentation in the application for a cons truction or operating permit may be grounds for permit revocation.” to provide for penalties for providing false information. R. 61-62.1, Section II.J.1: Added section: “g. A copy of the Department issued cons truction and/or operating pe rmit must be kept readily available at the facility at all times. The permittee sh all maintain such operational records; make reports; install, use, and maintain monitoring equipment or me thods; sample and analyze emissions or discharges in accordance with prescribed methods, at locations, intervals, and procedures as the Department shall prescribe; and provide such other information as the Departme nt reasonably may require. All records required to demonstrate compliance with the limits established under this permit shall be maintained on site for a period of at least five (5) years” To allow for record retention and availability clause in permits. R. 61-62.1, Section II.N.5: Removed reference to operating permits since th e section only refers to construction permits. R. 61-62.1, Section II: Added new section: “O. Inspection and Entry,” which a llows for inspection and entry of regulated facilities pursuant to the Pollution Control Act.PROPOSED REGULATIONS 31

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 S.C. Regulation 61-62.3, Air Pollution Episodes R. 61-62.3, Sections I.2 through 3: Corrected grammar by adding “or” for clarification. R. 61-62.3, Section I.4: Corrected typographical error in units of PM 10 , SO 2 , and O 3 by changing to μ g/m 3

. S.C. Regulation 61-62.5, Standard 1, Emissions From Fuel Burning Operations R. 61-62.5, Standard 1, Section I.C: Excluded the requirement for natural gas fired units to maintain a log of periods of startup and shutdown. S.C. Regulation 61-62.5, Standard 2, Ambient Air Quality Standards Amended table to delete TSP standard. Also included exceedence limitation footnote for CO standard and reference for rolling 3-month average calculation for lead. S.C Regulation 61-62.5, Standard 4, Emissions From Process Industries R. 61-62.5, Standard 4, Section V – Cotton Gins: Amending entirety of section to go from a process rate based regulation to control based regulation. R. 61-62.5, Standard 4, Section XII.B – Total Reduced Sulfur: Amended such that the obsolete requirement for TRS st ack testing will not be required for facilities that are already required to have CEMs installed. S.C. Regulation 61-62.5, Standard 6, Altern ative Emission Limitation Options (“Bubble”) Based on the United States Environmental Protection Agency (EPA) disapproval of this regulation in the SC State Implementation Plan (SIP), the entirety of this regulation is bei ng removed and reserved. S.C. Regulation 61-62.5, Standard 7, Prevention of Significant Deterioration R. 61-62.5, Standard 7.q.2: Replaced instances of “plant” with “source” to maintain consistency throu ghout the regulations. R. 61-62.5, Standard 7.q.3: Replaced “Review of Major Stationary Sources and Ma jor Modifications” with “Exemptions” to correct reference error. R. 61-62.5, Standard 7.r.4: Replaced (s) with (r) to correct reference error. R. 61-62.5, Standard 7.w.1: Removed reference to “paragraph (s)” due to reference error. S.C. Regulation 61-62.5, Standard 7.1, Non Attainment New Source Review R. 61-62.5, Standard 7.1.c.7.A: Expanded definition of “Major Stationary Source” to account for ozone designations under subpart 2 of the Clean Air Act.32 PROPOSED REGULATIONS

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 S.C. Regulation 61-86.1, Standards of Performance for Asbestos Projects R. 61-86.1, Section XX.A.4: Added exemption for building inspection frequency fo r industrial manufacturing and electrical generating facilities. R. 61-86.1, Section XX.J.3: Added text to change the required frequency of buildi ng inspections for industrial manufacturing and electrical generating facilities from 3 years to 5 years. Notice of Staff Informational Fo rum and Public Comment Period: Staff of the South Carolina Department of Health and Environmental Contro l invites interested members of the public to attend a staff-conducted informational forum to be held on July 26, 2010, at 2:00 p.m. in the Wallace Room (3141) at the South Carolina Department of H ealth 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. 61-62.1, Definitions and General Requirements, and R. 61-86.1, Standards of Performance for Asbestos Projects , and the SIP. Interested persons are also provided an opportunity to submit written comments to Andrew O. Hollis at the South Carolina Department of Health and Environmen tal Control, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201, by facsimile at (803) 898-4117; or by e-mail at hollisao@dhec.sc.gov. To be considered, comments must be received no later than 5:00 p.m. on July 26, 2010. Comments received at the forum or during the write-in public comment period shall be subm itted 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 Andrew O. Hollis at the South Carolina Department of Health a nd Environmental Control, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201, by calling (803) 898-4196; or by emailing hollisao@dhec.sc.gov . A copy may also be obtained on the Department’s Regulatory Information Internet Site at http://www.scdhec.gov/administration/regs/ in its DHEC Regulation Devel opment Update. To access this document, click on the Air category, then scan down for this proposed amendment. Notice of Public Hearing and Opportunity for Public Comment: Interested members of the public and regulated community are invited to comment on the proposed amendments to R. 61-62.1, Definitions and General Requi rements, and R. 61-86.1, Standards of Performance for Asbestos Projects, 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 October 14, 2010. 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 whic h 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 advan ce 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 for the record. Preliminary Fiscal Impact Statement: There will be no increased costs to the State or its political subdivisions.PROPOSED REGULATIONS 33

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 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 proposed amendments to S.C. Regulation 61-62 , Air Pollution Control Regulations and Standards , and the State Implementation Plan (SIP), will support the Department’s goal of promoting and protecting the health of the public and the environmen t in a more efficient and effective manner. These amendments will expand and clarify definitions applicable to air pollution control regulations and standards, streamline permitting options, as well as correct problems w ith the current regulatory strategy applicable to cotton gins. The proposed amendments to S.C. Regulation 61-86. 1, Standards of Performance for Asbestos Projects , will address requests made during the legislative approval of the previous version of this regulation by reducing the frequency of building inspections for industrial manufacturing and electrical generating facilities. Legal Authority: The legal authority for R. 61-62, Air Pollution Control Regulations and Standards , is S.C. Code of Laws, Sections 48-1-10 et seq., 1976, as amended

. The legal authority for R. 61-86.1 , Standards of Performance for Asbestos Projects , is S.C. Code of Laws, Sections 44-1-140, 48-1-30, and 44-87-10 et seq

. Plan for Implementation : The proposed amendments will take effect upon approval by the Board of Health and Environmental Control and the S.C. General Assembly, and publication in the State Register . The proposed amendments will be implemented by providing the re gulated community with copies of the regulation.
DETERMINATION OF NEED AND REASONABLENESS OF THE PROPOSED REGULATION BASED ON ALL FACTORS HEREIN AND EXPECTED BENEFITS: The Department proposes to amend R. 61-62 and the SIP. In particular, the Department will amend R. 61-62.1, Definitions and General Requirements, to update and correct definitions and permit requirements; R. 61-62.5, Standard 1, Emissions From Fuel Burning Operations, to exclude the requirement for natural gas fired units to maintain a log of periods of startup and shutdown; R. 61-62.5, Standard 2, Ambient Air Quality Standards , to remove the standard for Total Susp ended Particle (TSP) and update th e exceedance limitation for the carbon monoxide (CO) standard; R.61-62.5, Standard No. 4, Emissions from Process Industries, to modify the regulatory strategy for cotton gins; and clarify the de finition for major source threshold throughout 61-62. The Department also proposes to delete R. 61-62.5, St andard 6, Alternative Emission Limitation Options (“Bubble”); and update the entirety of R. 61-62 to correct typographical errors, provide clarification, delete or update obsolete requirements. The Department also proposes to amend R. 61-86.1, Standa rds of Performance for Asbestos Projects, to revise Section XX.A.4 and add Section XX.J.3 to change the re quired frequency of building inspections for industrial manufacturing and electrical generating facilities from 3 years to 5 years. The intent of these amendments is to simplify and corr ect certain issues in our regulatory guidelines to support the Department’s goal of promoting and protecting the health of the public and the environment in a more efficient and effective manner. There would be no detrim ental effect on the environment and public health if the proposed amendments to R. 61-62 , Air Pollution Control Regulations and Standards , R. 61-86.1, Standards of Performance for Asbestos Projects , and the SIP are adopted, in fact, im provements to the regulatory strategy for cotton gins will enhance air quality in some areas.34 PROPOSED REGULATIONS

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 DETERMINATION OF COSTS AND BENEFITS: There will be no increased cost to the State or its po litical subdivisions. Some cotton gins may incur added costs due to the addition of required controls, but these co sts will be offset by the use of registration permits for cotton gins as indicated in the proposed changes. The proposed amendments to R. 61-62 , Air Pollution Control Regulations and Standards , and R. 61-86.1, Standards of Performance for Asbestos Projects , and the SIP will benefit the regulated community and the De partment by expanding and clarifying definitions applicable to air pollution control regulations and standards, streamlining pe rmitting options, and reducing unnecessary requirements. The proposed amendments to R.61-62.5, Standard No . 4, Emissions from Process Industries, may result in increased costs for some cotton ginning facilities associated with insta lling the necessary control equipment. However, the revised regulatory strategy was deve loped through an extensive stakeholder process and represents a compromise to include a registration permit op tion that would at the same time decrease the costs associated with obtaining permits to construct/operate.
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: The proposed amendments to R. 61-62 , Air Pollution Control Regulations a nd Standards, R.61-86.1, Standards of Performance for Asbestos Projects, and the SIP, w ill provide continued protecti on of the environment and public health.
DETRIMENTAL EFFECT ON THE ENVIRONMENT A ND PUBLIC HEALTH IF THE REGULATIONS ARE NOT IMPLEMENTED: There will be no detrimental effect on the environment and/or public health associated with these revisions. Rather, proposed changes to R. 61-62.4, Standard 4, i nvolving the regulatory strategy for cotton gins will be more stringent than the previous process rate based em ission limitations as the proposed revisions require the addition of industry standard air pollu tion control devices, control of emissions from specific point sources in the ginning process, and enforceable monitoring and recordkeeping.
Statement of Rationale: The Department began this process by developing an inte rnal workgroup to evaluate the existing air quality regulations to provide clarification, delete or update obsolete requirements, and correct typographical errors as necessary. The Department also held several external stakehol der meetings to take recommendations and comments on those regulatory amendments identified by the workgroup. The amendments to R. 61-62, R. 61-86.1, and the SIP were developed by consensus. These regulatory am endments will provide clarity and specificity to the existing regulations, omit obsolete requ irements, and provide additional pe rmitting options to the regulated community.
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.

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• STATE OF SOUTH CAROLINA COUNTY OF RICHLAND

INFORMATIONAL FORUM: ) ) PROPOSED AMENDMENTS TO ) REGULATION 61-62, AIR ) POLLUTION CONTROL ) REGULATIONS AND STANDARDS, ) TRANSCRIPT OF STANDARDS OF PERFORMANCE FOR ) ASBESTOS PROJECTS, AND THE AIR ) PROCEEDINGS QUALITY STATE IMPLEMENTATION ) PLAN ) ) STATE REGISTER DOCUMENT )



# _______________________________ )

Informational Forum held at the South Carolina Department of Health and Environmental Control, before Facilitator Andrew Hollis in the Wallace Room, 2600 Bull Street, Columbia, South Carolina, on Monday, July 26, 2010, commencing at 2:08 o'clock, P.M. and ending at 2:14 o'clock, P.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 Ir.mo, South Carolina 29063 (803) 798-2679 fayegrainger@bellsouth.net

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• DHEC INFO FORUM, 2:00P.M., 7/26/2010 A P P EAR AN C E S: DHEC Staff Present: Andrew Hollis, Facilitator Robert Brown Katharine Buckner Robin Mack Dennis Camit Others Present: Barry Nevius SE Cotton Ginners Dusty Findly SE Cotton Ginners Assn.

Faye A. Grainger Court Reporter

Grainger Reporting Service (803) 798-2679 2

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• DHEC INFO FORUM, 2:00 P.M., 7/26/2010 3 I N D E X

FACILITATOR HOLLIS

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CERTIFICATE OF COURT REPORTER

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P R 0 C E E D I N G

FACILITATOR HOLLIS: Good afternoon,
my name is Andrew Hollis with the Bureau of Air Quality. I will be the facilitator for this forum. Let the record show that this forum was convened at 2:08p.m. on Monday, July 26th, 2010 at the duly announced location. Public notice of this hearing was published in the State Register on Friday, June 25th, 2010. 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 the 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

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# • 14 15 16 17 18 19 20 21 22 23 24 25 DHEC INFO FORUM, 2:00 P.M., 7/26/2010 5 revisions to Regulation 61-62.1, Definitions and General Requirements, Regulation 61-86.1, Standards of Performance for Asbestos Projects and the South Carolina Air Quality 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. Pursuant to South Carolina Code Section 48-1-50, the South Carolina

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# • DHEC INFO FORUM, 2:00 P.M., 7/26/2010 6 Department of Health and Environmental Control or the Department, proposes to amend South Carolina Regulation 61-62, Air Pollution Control Regulations and Standards, Regulation 61-86.1, Standards of Performance for Asbestos Projects, and the State Implementation Plan or SIP to
correct typographical errors, update definitions, provide clarification, simplify the permit process, and delete or update obsolete requirements to ensure that we are efficiently and effectively meeting our goals of promoting and protecting the public health and the environment.
In particular, the Department
proposes to amend R.61-62, Definitions and General Requirements, and the State Implementation Plan to update and correct definitions and permit requirements; R.61- 62.5, Standard One, Emissions From Fuel Burning Operations, to exclude the requirement for natural gas fired units to maintain a log of periods of startup and shutdown; R.61-62.5, Standard Two, Ambient

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# • DHEC INFO FORUM, 2:00 P.M., 7/26/2010 7 Air Quality Standards, to remove the standard for Total Suspended Particle (TSP) and update the exceedance limitation for the carbon monoxide (CO) standard; R.61-62.5, Standard Number Four, Emissions from Process Industries, to modify the regulatory strategy for cotton gins; and clarify the definition for major source threshold throughout 61-62. The Department also proposes to delete R.61-62.5, Standard Six, Alternative Emission Limitation Options ("Bubble")' and update the entirety of R.61-62 to correct typographical errors,
correct grammatical errors, provide clarification, delete or update obsolete requirements to improve overall quality of the reg. The Department also proposes to amend R.61-86.1, Standards of Performance for Asbestos Projects, to revise Section XX.A.4 and add Section XXJ.3 to change the required frequency of building inspections for industrial manufacturing and electrical generating facilities from

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# • DHEC INFO FORUM, 2:00 P.M., 7/26/2010 three years to five years
. There being nothing further, the information forum is concluded. (Thereupon, at 2:14 o'clock, P.M., the same day, the proceedings were concluded)

Grainger Reporting Service (803) 798-2679 8

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• DHEC INFO FORUM, 2:00 P.M., 7/26/2010 9 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 eight (8) 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 29th day of July, 2010.

# F~rf?:gffi~r Notary Public for South Carolina My Commission Expires: 5-18-2015

Grainger Reporting Service (803) 798-2679Sign-In Sheet for Stakeholder Meeting
PROPOSED AMENDMENTS TO REGULATION 61-62, AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS, AND THE AIR QUALITY STATE IMPLEMENTATION PLAN July 26, 2010 Synopsis: The Department of Health and Environmental Control proposes to make revisions to Regulation 61-62, Air Pollution Control Regulations and Standards, and the South Carolina Air Quality Implementation Plan (SIP) to correct typographical errors, provide clarification, and delete or update obsolete requirements. The Department also proposes to amend Regulation 61­ 86.1, Standards of Performance for Asbestos Projects, to revise Section XX.AA and add Section XX.J.3 to change the required frequency of building inspections for industrial manufacturing and electrical generating facilities from 3 years to 5 years.

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1226 Pickens Street Columbia, South Carolina 29201 Email: info@garberreporting.com Telephone: 803-256-4500 Fax: 803-256-1999

SOUTH CAROLINA BOARD OF HEALTH AND
ENVIRONMENTAL CONTROL

BOARD MEETING

NOVEMBER 10, 2010

REPORTER: LISA · L_

_______________________________ __ 

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SOUTH CAROLINA BOARD OF HEALTH AND

ENVIRONMENTAL CONTROL

BOARD MEETING, NOVEMBER 10, 2010

This meeting, held on November 10, 2010, a portion of which was reported by Lisa F. Huffman, Verbatim Court Reporter and Notary Public in and for the State of South Carolina; said meeting being held at the Boardroom of S.C. Department of Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina, is being held pursuant to notice and in accordance with the South Carolina Rules, at the Offices of DHEC, on Wednesday, the lOth day of November, 2010, scheduled for 10:00

a.m., and commencing at the hour of 10:00 a.m., the reported portion of which began at 11:09 a.m.

Garber Reporting Service 803-256-4500S.C. BOARD OF HEALTH AND ENVIRONMENTAL CONTROL

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1 COUNSEL:
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5 APPEARANCES

Presiding for the Chairman: Secretary: Steven G. Kisner C. Earl Hunter, Commissioner Coleman Buckhouse, M.D. Glenn A. McCall Henry C. Scott

Carl Roberts, Esquire

Lisa Lucas

Staff members: Jeff DeBessonet Doug Kinard Jim Peterson Aaron Gantt Robbie Brown Nancy Maertens

Interested members of the public.



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Garber Reporting Service 803-256-4500 Page 2S.C. BOARD OF HEALTH AND ENVIRONMENTAL CONTROL

CONTENTS

Page

Proceedings 5

Certificate of Reporter 73

Word Index 

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ATTACHMENTS:

Sign-in Sheet for Public Hearing on Proposed Amendment of Regulation 61-9, Water Pollution Control Permits, State Register Document No. 4129

Sign-in Sheet for Public Hearing on ,Proposed Amendment of Regulation 61-30, Environmental Protection Fees, State Register Document No. 4139

Sign-in Sheet for Public Hearing on Proposed Amendment of Regulation 61-63, Radioactive Material, State Register Document No. 4133

Garber Reporting Service 803-256-4500 Page 36
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8 S.C. BOARD OF HEALTH AND ENVIRONMENTAL CONTROL Sign-in Sheet for Public Hearing on Proposed Amendment of Regulation 61-30, Environmental Protection Fees, State Register Document No. 4132

Sign-in Sheet for Public Hearing on Proposed Amendments
to Regulation 61-62, Air Pollution Control Regulations and Standards, And The Air Quality State Implementation Plan, Document No. 4131

Sign-in Sheet for Public Hearing on Proposed Amendments
to Regulation 61-62, Air Pollution Control Regulations and Standards, Standards of Performance For Asbestos Projects, And the Air Quality State Implementation Plan, Document No. 4130

Sign-in Sheet for Public Hearing on Proposed Amendment of Regulation 61-84, Licensing Standards For Community Residential Care Facilities, State Register Document No. 4136



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consideration of the attached information, the
board finds for the need and reasonableness of
these proposed revisions. Thank you. ACTING CHAIRMAN: Thank you. No one signed up. Would
anyone like to speak? Thank you. Board?
MR. MCCALL: I so move that we accept. MS. BUCKHOUSE: And I second.
ACTING CHAIRMAN: All those in favor?
BOARD MEMBERS: Aye.
ACTING CHAIRMAN: Thank you very much.
MR. BROWN: And I also get to do Item 13.
ACTING CHAIRMAN: Oh, okay. Very good.
MR. BROWN: Well, this is a request for a public hearing
and board consideration for final approval to amend Regulation 61-62 and Regulation 61-86.1, Standards
of Performance for Asbestos Projects and the South
Carolina State Implementation Plan. The department
proposes to amend Regulation 61-62 to remove obsolete requirements and update specific areas of
these state regulations and also to modify Regulation 61-86.1 to incorporate the following:
Section 62.1, Definitions and General Requirements
for updating and correcting definitions and permit requirements. On Standard 1 of 62.5, Emissions
from Fuel Burning Operations to exclude the

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requirement for natural gas-fired units to maintain

a log of periods of startup and shut down. On
Standard 2, Ambient Air Quality Standards to remove the standard for Total Suspended Particle and update the exceedance limitation for carbon monoxide.
On Standard 4, Emissions from Process Industries, to modify the regulatory strategy for

cotton gins, to clarify the definitions of major

source threshold throughout Regulation 61-62, to delete Standard No. 6, alternate Emission
Limitation Options, otherwise known as the Bubble Policy. To update the entirety of 61-62, to
correct typographical errors, provide clarification
and to delete or update obsolete requirements. And

on Regulation 61-86.1, Standards of Performance for
Asbestos Projects, to revise Section XX.A.4 and
Section XX.J.3, to change the required frequency of building inspection for industrial manufacturing and electrical generating facilities in three to five years. Legislative review will be required
for these changes as they are not federally mandated.
Notice for the drafting were published in the
State Register on September 26th, 2008 and February

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26th, 2010. The department met with stakeholders

to develop these proposed amendments and addressed
their concerns and the proposed revisions. Further, based on comments received, the obsolete requirement of stack testing for Total Reduced
Sulfur at facilities already required to have
continuous emissions monitors shall be removed from 62.5, Standard No. 4. On June 11th of this year, the board granted staff initial approval to public
notice of the proposed amendments and to conduct
the staff informational forum. On July 26th of
this year, the staf£ informational forum was held.
No comments were received at the forum, but

comments were received from both EPA and the South
Eastern Cotton Ginners, in support of the proposed revisions.
The department staff recommends that after public hearing and consideration of the attached information, the board finds for the need and
reasonableness of these proposed revisions. ACTING CHAIRMAN: Thank you, Robbie. Again, no one signed up. Would anyone like to speak? Any questions from the board for Robbie?
MR. SCOTT: But the logs were eliminated, is that
because the data is not pertinent? I mean, it's

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MR. BROWN: The

-- the reason for the

-- the logging the

start and the shutdowns is because during those periods of time, the

-- the units may smoke.
That's not the case with natural gas fire units
because of the clean nature of the fuel. You often
will see problems with increased visible emissions
with coal fire units or oil fire units. It's just
not serving the purpose with the types of units
that are being

-- MR. SCOTT: I got you. ACTING CHAIRMAN: Anyone? Do we have a motion?
MR. SCOTT: I move to accept it.
MR. MCCALL: Second.
ACTING CHAIRMAN: Any other discussion? All those in favor?
BOARD MEMBERS: Aye.
ACTING CHAIRMAN: Robbie, thank you. And that was Item
No. 13. Item No. 14, Proposed Amendments to Regulation 61-84, Standards for Licensing Community
Residential Care Facilities. Nancy Maertens. We
do have some folks signed up for this one. Don't
want you to get bored.
MS. MAERTENS: Mr. Chairman, Members of the Board,
Commissioner Hunter and DHEC staff, good morning.

Garber Reporting Service 803-256-4500S.C. BOARD OF HEALTH AND ENVIRONMENTAL CONTROL Page 73

1 CERTIFICATE OF REPORTER 2
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25 I, Lisa F. Huffman, Verbatim Court Reporter and Notary Public in and for the State of South Carolina at Large, hereby certify that I reported the Hearing of the
Board for the Department of Health and Environmental Control, held on the lOth day of November, 2010; and
that the foregoing pages constitute a true and correct transcription of my report of said proceedings.
I further certify that I am neither attorney nor counsel for, nor related to or employed by any of the parties connected with this action, nor am I financially**intere~ted** in said cause.
I further certify that the original of said transcript was thereafter sealed and delivered to LISA LONGSHORE, Clerk for the Board, Department of Health and
Environmental Control, 2600 Bull Street, Columbia, South
Carolina 29201, who will retain this sealed original transcript and shall be responsible for filing same with
the court prior to trial or any hearing which might result.
In witness whereof, I have set my hand and seal this 17th day of December,

Lisa F. Huffman My Commission expires 7/11/15

Garber Reporting Service 803-256-4500Sign-In Sheet for Public Hearing
PROPOSED AMENDMENTS TO REGULATION 61-62, AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, STANDARDS OF PERFORMANCE FOR ASBESTOS PROJECTS, AND THE AIR QUALITY STATE IMPLEMENTATION PLAN Doc. No 4130
November 10,2010 Synopsis: The Department of Health and Environmental Control proposes to make revisions to Regulation 61-62, Air Pollution Control Regulations and Standards, and the South Carolina Air Quality Implementation Plan (SIP) to correct typographical errors, provide clarification, and delete or update obsolete requirements. The Department also proposes to amend Regulation 61- 86.1, Standards of Performance for Asbestos Projects, to revise Section XX.A.4 and add Section XX.J.3 to change the required frequency of building inspections for industrial manufacturing and electrical generating facilities from 3 years to 5 years. These amendments will require Legislative review.FINAL REGULATIONS 27

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 Document No. 4185 CLEMSON UNIVERSITY STATE CROP PEST COMMISSION CHAPTER 27 Statutory Authority: 1976 Code Section 46-9-40 27-78. Phytophthora ramorum Quarantine Synopsis: The State Crop Pest Commission is amending Regulation 27-78, a quarantine imposed for Phytophthora ramorum , to follow federal requirements re lated to this plant pathogen. Phytophthora ramorum manifests itself in a disease known as Sudden Oak Death or as ramorum blight. Certain areas of certain states are under either quarantine actions, or have had certain are as designated as regulated areas by the United States Department of Agriculture (USDA) in an attempt to prevent the spread of the disease, which could pose a serious threat to the export market and to domestic ag ricultural, horticultural and silvicultural activities. USDA Animal and Plant Health Inspection Service (APHIS) issu ed a Federal Order requiring that interstate shipping nurseries located either in counties that are established as quarantined areas or in regulated counties that have previously tested positive for Phytophthora ramorum provide pre-notification of shipments for certain highrisk plant species. The Federal Order went into eff ect on March 1, 2011. The amendment to Regulation 27-78 will result in conformity with this new Federal Order and any other statutes, regul ations, orders or other requirements adopted by the federal government related to controlling and regulating this plant pathogen. Notice of Drafting for the proposed amendment was published in the State Register on November 26, 2010.
Instructions: Replace Section 4 of Regulation 27-78 w ith the following. All other items and sections remain unchanged.
Text: 27-78. Phytophthora ramorum Quarantine. 4. Regulation of Phytophthora ramorum. Clemson University Department of Plant Industry will enforce any applicable United States Department of Agriculture statute, regulation, order or other requirement regarding Phytophthora ramorum

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Document No. 4130 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 61-86.1 Standards of Performance for Asbestos Projects Synopsis: The Department has amended R. 61-62.1, Definitions and General Requirements, and the SIP to update and correct definitions and permit requirements; R. 61-62.5, Standard 1, Emissions From Fuel Burning Operations, to exclude the requirement for natural gas fired units to maintain a log of periods of startup and shutdown; R. 61-62.5, Standard 2, Ambient Air Quality Standards , to remove the standard fo r Total Suspended Particle (TSP) and update the exceedance limi tation for the carbon monoxide (CO) standard; R. 61-62.5, Standard No.28 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 4, Emissions from Process Industries, to modify the regulatory strategy for cotton gins; and clarify the definition for major source threshold throughout R. 61- 62. The Department has also deleted R. 61-62.5, Standard 6, Alternative Emission Limitation Options (“Bubble”); and updated the entirety of R. 61-62 to correct typographical errors, provide clarificati on, and delete or update obsolete requirements. Based on concerns brought up during legi slative approval of previous amendments, the Department also has amended R. 61-86.1, Standards of Performance for Asbestos Projects, to revise Section XX.A.4, and add Section XX.J.3, to change the required frequency of building inspections for industrial manufacturing and electrical generating facilities from 3 years to 5 years. The Department has met with stakeholders to deve lop these amendments. Based on comments received, the obsolete requirement of stack testing for Total Reduced Sulfur (TRS) at facilities th at are already required to have a continuous emissions monitoring system (CEMS) installed was removed from R. 61-62.5 Standard 4, Section XII(B). Notices of Drafting were published in the South Carolina State Register on September 26, 2008, in Volume 32, Issue No. 9; and on February 26, 2010, in Volume 34, Issue No. 2. The purpose of the second Notice of Drafting was to extend the drafting period initially estab lished by the September 26, 2008, drafting notice. A Notice of Proposed Regulation was published in the State Register on June 25, 2010 (Document No. 4130). Discussion of Revisions:
SECTION CITATION/EXPLANATION OF CHANGE: S.C. Regulation 61-62.1 Definitions and General Requirements R. 61-62.1, Section I – Definitions Added definition “15. CAA - The Clean Air Act, as amended, 42 U.S.C. 7401, et seq . Also referred to as “the Act.” R. 61-62.1, Section I – Definitions: Amended definition for “Conditional major source” to replace, “in S.C. Regulation 61-62.70, Title V Operating Permit Program” with “by applicable Federal and State regulations” in order to take into account all federal requirements for major sources. R. 61-62.1, Section I Definitions: Clarified definition for “Department” to include refere nce to the “South Carolina” Department of Health and Environmental Control. R. 61-62.1, Section I – Definitions: Included “40 CFR sections 61, 63, and 70” in definiti on for “federally enforceable” in order to clarify applicability of Federal NESHAP and Title V regulations. R. 61-62.1, Section I Definitions: Changed the definition of “Fugitive Emission s” to be consistent with 40 CFR 51.166. R. 61-62.1, Section I – Definitions: Renamed definition of “Major Plant” to “Major source” for consistency and amended the definition to replace “one hundred tons per year or more of any regulated ai r pollutant” with “greater th an or equal to the major source threshold as defined by applicable Federal and State regulations” in order to take into account all federal requirements for major sources.FINAL REGULATIONS 29

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 R. 61-62.1, Section I - Definitions Moved and renumbered definitions for “PM 10 ” and “PM 10 Emissions” to appropriate alphabetic place in definitions. Also deleted an unnecessary date reference in “PM 10 .” R. 61-62.1, Section I – Definitions: Added definition: “64. PM 2.5 – Particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by a reference method based on Appendix L of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method designated in accordance with 40 CFR 53.” R. 61-62.1, Section I – Definitions: Added definition: “65. PM 2.5 Emissions - Finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by a reference method approved by the Department, with concurrence of the U. S. Environmental Protection Agency.” R. 61-62.1, Section I – Definitions: Amended definition for “Secondary Emissions” to replace in stances of word “plant” with “source” to maintain consistency throughout all regulations. R. 61-62.1, Section I – Definitions: Renamed definition “Synthetic minor plant” to “Synthetic minor s ource” for consistency and amended the definition to replace “as defined in S.C. Regulation 61-62.5, Standard No. 7, Section I, Prevention of Significant Deterioration (“PSD”)” with “by applicable Fe deral and State regulations” in order to take into account all federal requirements for major sources. R. 61-62.1, Section I – Definitions: Renumbered definitions in alpha-numeric order from definition 15 to end as needed for consistency. R. 61-62.1, Section II – Permit Requirements: Added introductory paragra ph before subsection II.A: “The following regulation will not supersede any State or Federal requirements nor special permit conditions, unless this regulation would impose a more restrictive emission limit. The owner or operator shall comply with all terms, conditions , and limitations of any Department-issued permit for sources or activities at its facility. A source’s permit status may change upon promulgation of new regulatory require ments” and deleted sections (A)(1)(a ) and (A)(4) to clarify terms that apply to all permits. R. 61-62.1, Section II.A.1.a: Section deleted and information included in the af orementioned new Section II introductory paragraph. R. 61-62.1, Section II.A.4: Section deleted and information included in the af orementioned new Section II introductory paragraph. R. 61-62.1, Section II.A.5: Reformatted the requirements necessary to extend construction permits and renumbered as necessary. R. 61-62.1, Section II.A(1): Enumerated last paragraph for section outline codification. R. 61-62.1, Section II.A: Enumerated last paragraph for section outline codification.30 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 R. 61-62.1, Section II.B.2.h: Added provision: “emissions calculations and any other information necessary to document qualification for this exemption must be maintained onsite and provided to the Department upon request” to require facilities to keep pertinent information for this exemption on site. R. 61-62.1, Section II.B.3: Changed the wording with regard to sources placed on a list of sources that are exempt without further review from the requirement to obtain a construction permit from “to have total uncontrolled emissions less than the thresholds in Section II (B)(2)(h)” to “will not interfere with the attainment or maintenance of any State or Federal Standard.” R. 61-62.1, Section II.B.4: Changed wording from “whose only emissions are fugitive” to “with only fugitive emissions” for simplicity. R. 61-62.1, Section II.B.6: Added the sentence “The Department reserves the right to require a construction permit and the need for permit(s) will be made by the Department on a case- by-case basis. This determination will take into consideration, but will not be limite d to the nature and amount of the pollutants, location, proximity to residences and commercial establishments, etc.” to allo w for the requirement of construction permits for facilities where other avenues of compliance are ineffective. R. 61-62.1, Section II.C.3.c: Corrected to specify that a facility’s Federal “Employer” Identification is necessary and added “Federal Tax ID Number” for clarity. R. 61-62.1, Section II.C.3.d: Amended to require applica tions include Standard Industrial Classifi cation (SIC) and North American Industry Classification System (NAICS) codes. R. 61-62.1, Section II.G.4: Added “or modified” to the title. R. 61-62.1, Section II.H.4.c: Corrected to specify that a facility’s Federal “Employer” Identification is necessary and added “Federal Tax ID Number” for clarity. R. 61-62.1, Section II.I.1.b: Corrected typographical and punctuation errors. R. 61-62.1, Section II.I.2.a: Revised to add “The Department reserves the right to require a construction or op erating permit and the need for permit(s) will be made by the Department on a cas e-by-case basis. This determination will take into consideration, but will not be limite d to the nature and amount of the pollutants, location, proximity to residences and commercial establishments, etc.” after the first sentence to allow for Department discretion in requiring a construction permit. R. 61-62.1, Section II.I.3.a: Reworded to specify that Registration Permits should contain any “applicable” cond itions to simplify permit process as the department finds appropriate. R. 61-62.1, Section II.J.1: Specified that the permit conditions apply to “construction and operating” permitsFINAL REGULATIONS 31

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 R. 61-62.1, Section II.J.1.b: Added “Any false information or misrepresentation in the application for a cons truction or operating permit may be grounds for permit revocation.” to provide for penalties for providing false information. R. 61-62.1, Section II.J.1: Added section: “g. A copy of the Department issued c onstruction and/or operating permit must be kept readily available at the facility at all times. The permittee sh all maintain such operational records; make reports; install, use, and maintain monitoring equipment or me thods; sample and analyze emissions or discharges in accordance with prescribed methods, at locations, intervals, and procedures as the Department shall prescribe; and provide such other information as the Departme nt reasonably may require. All records required to demonstrate compliance with the limits established under this permit shall be maintained on site for a period of at least five (5) years” To allow for record retention and availability clause in permits. R. 61-62.1, Section II.N.5: Removed reference to operating permits since th e section only refers to construction permits. R. 61-62.1, Section II: Added new section: “O. Inspection and Entry,” which a llows for inspection and entry of regulated facilities pursuant to the Pollution Control Act. S.C. Regulation 61-62.3, Air Pollution Episodes R. 61-62.3, Sections I.2 through 3: Corrected grammar by adding “or” for clarification. R. 61-62.3, Section I.4: Corrected typographical error in units of PM 10 , SO 2 , and O 3 by changing to μ g/m 3

. S.C. Regulation 61-62.5 Standard 1, Emissions From Fuel Burning Operations R. 61-62.5 Standard 1, Section I.C: Excluded the requirement for natural gas fired units to maintain a log of periods of startup and shutdown. S.C. Regulation 61-62.5 Standard 2, Ambient Air Quality Standards Amended table to delete TSP standard. Also included exceedence limitation footnote for CO standard and reference for rolling 3-month average calculation for lead. S.C. Regulation 61-62.5 Standard 4, Emissions From Process Industries 61-62.5 Standard 4, Section V – Cotton Gins: Amending entirety of section to go from a process rate based regulation to control based regulation. 61-62.5 Standard 4, Section XII.B – Total Reduced Sulfur: Amended such that the obsolete requirement for TRS st ack testing will not be required for facilities that are already required to have CEMs installed. S.C. Regulation 61-62.5 Standard 6, Alternat ive Emission Limitation Options (“Bubble”) Based on the United States Environmental Protection Agency (EPA) disapproval of this regulation in the SC State Implementation Plan (SIP), the entirety of this regulation is bei ng removed and reserved.32 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 S.C. Regulation 61-62.5 Standard 7, Prevention of Significant Deterioration R. 61-62.5 Standard 7.q.2: Replaced instances of “plant” with “source” to maintain consistency throu ghout the regulations. R. 61-62.5 Standard 7.q.3: Replaced “Review of Major Stationary Sources and Ma jor Modifications” with “Exemptions” to correct reference error. R. 61-62.5 Standard 7.r.4: Replaced (s) with (r) to correct reference error.
R. 61-62.5 Standard 7.w.1: Removed reference to “paragraph (s)” due to reference error. S.C. Regulation 61-62.5 Standard 7.1, Non Attainment New Source Review R. 61-62.5 Standard 7.1.c.7.A: Expanded definition of “Major Stationary Source” to account for ozone designations under subpart 2 of the Clean Air Act. S.C. Regulation 61-86.1, Standards of Performance for Asbestos Projects R. 61-86.1, Section XX.A.4: Added exemption for building inspection frequency fo r industrial manufacturing and electrical generating facilities. R. 61-86.1, Section XX.J.3: Added text to change the required frequency of buildi ng inspections for industrial manufacturing and electrical generating facilities from 3 years to 5 years.
Instructions: Amend Regulation 61-62, Air Pollution Control Regula tions and Standards, and 61-86.1, Standards of Performance for Asbestos Projects, pursuant to each indivi dual instruction provided below with the text of the amendments.
Text: R. 61-62.1, Definitions and General Requirements: SECTION I - DEFINITIONS Regulation 61-62.1, Section I(15)-(100), shall be revi sed as follows, to include new definitions at 15, 64, and 65; move definitions 57 and 58; make changes to definitions 19, 23, 27, 30, 45, and 85; delete definition 86; and reenumerate definition section from 15 to end as necessary: 15. CAA - The Clean Air Act, as amended, 42 U.S.C. 7401, et seq . Also referred to as “the Act.” 16. Chemotherapeutic Waste - All waste resulting from the production or, use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. Chemothe rapeutic waste shall not include any waste containing antineoplastic agents that are listed as hazardous waste under S.C. Hazardous Waste Management Regulation 61-79.261.FINAL REGULATIONS 33

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 17. Clean Wood - Untreated wood or untreated wood products including clean untreated lumber, tree stumps (whole or chipped), and tree limbs (whole or chipped). Clean wood does not include yard waste, which is defined elsewhere in this Secti on, or construction, renovation, a nd demolition waste (including but not limited to railroad ties and telephone poles).
18. Commercial Incinerator - An incinerator that burns non-hazardous waste from commercial activities with a design capacity of no more than 1250 lb/hr and wh ich burns no more than 6 tons/day. Incinerators of this type not meeting these limits are considered muni cipal waste combustors. This definition does not include retail and industrial incinerators nor does it incl ude waste from maintenance activities at commercial establishments.
19. Commissioner - Commissioner means the Co mmissioner of the Department of Health and Environmental Control. 20. Conditional major source - A stationary source that obtains a federally enforceable physical or operational limitation from the Department to limit or cap the stationary source’s potential to emit to avoid being defined as a major source as defined by applicable Federal and State regulations. 21. Continuous emission monitoring system or CEMS - a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility. 22. “Continuous program of physical on-site c onstruction” - Means significant and continuous site preparation work such as major clearing or excavation followed by placement of footings, pilings, and other materials of construction, assembly, or installation of uni que facilities or equipment at the site of the source. With respect to a change in the method of operating, th is term refers to those on-site activities other than preparatory activities which mark the initiation of the change. 23. Crematory Incinerator - Any incinerator designed an d used solely for the burning of human remains or animal remains. 24. Department - Department means the South Carolin a Department of Health and Environmental Control. 25. Dioxins/furans - the combined emissions of tetr a- through octa-chlorinated dibenzo-paradioxins and dibenzofurans, as measured by EPA Reference Method 23. 26. Emission Data - The definition contained in 40 CFR 2.301(a)(2), July 1, 1986, is incorporated by reference. 27. Emission Limitation (and emission standard) - A requirement established by the State or by the Administrator of the Environmental Protection Agency which limits the quantity, ra te, or concentration of emissions of air pollutants on a continuous basis, incl uding any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescri be operation or maintenance procedures for a source to assure continuous emission reduction. 28. Federally enforceable - All li mitations and conditions which are enforceable by the Administrator of the U.S. Environmental Protection Agency (EPA) a nd citizens under the Act, including those requirements developed pursuant to 40 CFR 60 , 61, 63, and 70, requirements within the South Carolina State Implementation Plan (SIP), and any permit requireme nts established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51, Subpart I, including operating permits issued under an EPAapproved program that is incorporated into the SIP and expressly requires adherence to any permit issued under such program.34 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 29. Fuel Burning Operation - Use of furnace, boile r, device or mechanism used principally but not exclusively, to burn any fuel for the purpose of indir ect heating in which the material being heated is not contacted by and adds no substan ce to the products of combustion. 30. Fugitive Dust - A type of particulate emission th at becomes airborne by forces of wind, man’s activity or both, including but not limited to, construction sit es, tilled land, materials storage piles, and materials handling. 31. Fugitive Emissions - Emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 32. Garbage - Animal and vegetable waste resulting fro m the handling, preparation, cooking and serving of foods. 33. Hazardous Air Pollutant - A pollutant which is the subject of National Emission Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency by publication in the Federal Register. 34. Hazardous Waste - Any waste identified as such by South Carolina Hazardous Waste Management Regulation 61-79. 35. Hazardous Waste Fuel - Hazardous waste that has a heat value greater than 5000 BTU/lb. and is burned in an industrial or utility boiler or industrial fu rnace for energy recovery, except for hazardous wastes exempted by Section 266.30(b) of South Carolina Hazardous Waste Manageme nt Regulation 61-79. 36. Hazardous Waste Incinerator - An incinerator w hose primary function is to combust hazardous waste, except for devices which have qualified for exemption as provided in Sections 264. 340(b) or 265.340(b) of South Carolina Hazardous Waste Management Regulation 61-79. 37. Hospital - any facility which has an organized medical staff, maintains at least six inpatient beds, and where the primary function of the institution is to pr ovide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in excess of 24 hours per admission. This definition does not in clude facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision. 38. Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit - any device that combusts any amount of hospital waste and/or medical/infectious waste. 39. Hospital waste - discards generated at a hospita l, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and an atomical parts that are intended for interment or cremation. 40. Incinerator - Any engineered device used in th e process of controlled combustion of waste for the purpose of reducing the volume, removing the contam ination and/or reducing or removing the hazardous potential of the waste charged by destroying combustib le matter leaving the noncombustible ashes, material and/or residue and which does not meet the criteria nor classification as a boiler nor is listed as an industrial furnace. 41. Industrial Boiler - A boiler that produces steam, h eated air, or other heated fluids for use in a manufacturing process.FINAL REGULATIONS 35

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 42. Industrial Furnace - Any of the following encl osed devices that are integral components of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or energy: a. Cement kilns
b. Lime kilns c. Aggregate kilns d. Phosphate kilns
e. Coke ovens
f. Blast furnaces g. Smelting, melting and refining furnaces (includi ng pyrometallurgical devices such as tray furnaces, cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces) h. Titanium dioxide chloride process oxidation reactors i. Methane reforming furnaces j. Pulping liquor recovery furnaces k. Combustion devices used in the recovery of sulfur values from spent sulfuric acid l. Such other devices as the Department may determine on a case by case basis using one or more of the following factors: i. The design and use of the device primar ily to accomplish recovery of material products; ii. The use of the device to burn or reduce raw materials to make a material product;
iii. The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;
iv. The use of the device to burn or reduce seconda ry materials as ingredients in an industrial process to make a material product; v. The use of the device in common industrial practice to produce a material product; and, vi. Other factors, as appropriate. 43. Industrial Incinerator - Any incinerator utilized in an industrial plant that does not meet the definition for any other type incinerator or an incinerator used to combust Type 5 or 6 waste at any site. 44. In Existence - Means that the owner or ope rator has obtained all necessary construction permits required by this Bureau and either has (a) begun, or caused to begin, a continuous program of physical on-site construction of the source or (b) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owne r or operator, to undertake a program of construction of the source to be completed in a reasonable time, or that the owner or operator possesses a valid operating permit for the source prior to the effec tive date of a regulation or standard.36 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 45. Kraft pulp mill - Any stationary source which produces pulp from wood by cooking (digesting) wood chips in a water solution of sodium hydroxide and sodium sulfide (white liquor) at a high temperature and pressure. Regeneration of the cooking chemicals through a r ecovery process is also considered part of the kraft pulp mill. 46. Major Source - Except as otherwise provided, this te rm refers to any plant wh ich directly emits, or has the potential to emit greater than or equal to the majo r source threshold as defined by applicable Federal and State regulations. 47. Malfunction - any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. During periods of malfunction the operator shall operate within establishe d parameters as much as possible, and monitoring of all applicable operating parameters shall continue until all waste has been combusted or until the malfunction ceases, whichever comes first. 48. Mass Emission Rate - The weight discharged per unit of time. 49. Medical/infectious waste - any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals listed below, and any waste defined as infectious waste in R.61-105, Infectious Waste Management . The definition of medical/infectious waste does not include hazardou s waste identified or listed in R.61-79.261, Hazardous Waste Management ; household waste, as defined in R.61-79.261.4(b)(1); ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cr emation; and domestic sewage materials identified in R.61-79.261.4(a)(1). a. Cultures and stocks of infectious agents and associated biologicals, incl uding: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures. b. Human pathological waste - tissues, organs, a nd body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their containers. c. Human blood and blood products including: i. Liquid waste human blood; ii. Products of blood; iii. Items saturated and/or dripping with human blood; or iv. Items that were saturated and/or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood compone nts, and their containers which were used or intended for use in either patient care, testing and labor atory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category. d. Sharps - instruments used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, sy ringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, n eedles with attached tubing, and cultu re dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.FINAL REGULATIONS 37

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 e. Animal waste including contaminated animal ca rcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals or testing of pharmaceuticals. f. Isolation wastes - biological waste and discarde d materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from highly communicable diseases, or isolated animals known to be infected with highly communicable diseases. g. Unused sharps including the following unused, discar ded sharps: hypodermic needles, suture needles, syringes, and scalpel blades. 50. Multiple-Chamber Incinerator - An incinerator c onsisting of at least two refractory lined combustion chambers (primary and secondary) in series, physically separated by refractory walls, interconnected by gas passage ports or ducts. 51. Municipal Solid Waste, MSW or Municipal-type Solid Waste - Household, commercial/retail, and/or institutional waste. Household waste includes material discarded by single and multiple residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities. Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and ot her similar establishments or facilities. Institutional waste includes material discarded by schools, nonmedi cal waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government fa cilities, and material disca rded by other similar establishments or facilities. Household, commerc ial/retail, and institutional wastes include: a. Yard waste; b. Refuse-derived fuel; and
c. Motor vehicle maintenance material s limited to vehicle batteries and tires. Household, commercial/retail, and institutional waste (MSW) does not include used oil; sewage sludge; wood pallets; construction, re novation, and demolition wastes (which includ es but is not limited to railroad ties and telephone poles); clean wood; industrial process or manufacturing wastes (including type 5 or 6 waste); medical waste; radioactive contaminat ed waste; hazardous waste; or motor vehicles (including motor vehicle parts or vehicle fluff). 52. Municipal Waste Combustor, MWC, or Municipal Waste Combustor Unit - Any setting or equipment that combusts solid, liquid, or gasified municipal solid waste including, but not limited to, field-erected incinerators (with or without heat recovery), modular incinerators (starved-air or excess-air), boilers (i.e., steam generating units) and furnaces (wheth er suspension-fired, grate-fired, mass-fired, or fluidized bed-fired, etc.), air curtain incinerators, and pyrolysis/combus tion units. Municipal waste combustors do not include pyrolysis/combustion units located at a plastics/rubber recycling unit s . Municipal waste combustors do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems. For the purpose of determining reconstruction or m odification, as defined in 40 CFR 60, Subpart A or Regulation 62.5, Standard 3, to a municipal waste combustor the following applies: a. The boundaries of a municipal solid waste co mbustor are defined as follows. The municipal waste combustor unit includes, but is not limited to, the munici pal solid waste fuel feed system, grate system, flue gas system, bottom ash system, and the combustor wa ter system. The municipal waste combustor boundary starts at the municipal solid waste pit or hopper and extends through:38 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 i. The combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber; ii. The combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfer the ash to final disposal, incl uding all ash handling systems that are connected to the bottom ash handling system; and iii. The combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superheater. b. The municipal waste combustor unit does not incl ude air pollution control equipment, the stack, water treatment equipment, or the turbine-generator set. 53. Non-Industrial Boiler - Any boiler not classified as an industrial boiler. 54. Non-Industrial Furnace - Any furnace not classified as an industrial furnace. 55. Non-Spec. Oil (Off-Spec. Oil) - See definition of used oil. 56. Opacity - The degree to which emissions reduce the transmission of light and obscure the view of an object in the background. 57. Open Burning - Any fire or smoke-producing process which is not conducted in any boiler plant, furnace, high temperature processing unit, incinerator or flare, or in any other such equipment primarily designed for the combustion of fuel or waste material. 58. Part 70 permit - Any permit or group of permits covering a source subject to the permitting requirements of S.C. Regulation 61-62.70. The use of th e term “Title V Permit” sha ll be construed to mean “Part 70 Permit.” 59. Particulate Matter - Any material , except uncombined water, that exists in a finely divided form as a liquid or solid at standard conditions.
60. Particulate Matter Emissions - A ll finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by an applicab le reference method described in 40 CFR 60, July 1, 1987, or an equivalent or alternative method approved by the Department, with the concurrence of the U. S. Environmental Protection Agency. 61. Pathological waste - waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable). 62. Plant - Except as otherwise provide d, any stationary source or combin ation of stationary sources, which is located on one or more contiguous or adjacent pr operties and owned or operate d by the same person(s) under common control. 63. Plastics/Rubber Recycling Unit - An integrated processing unit where plastics, rubber, and/or rubber tires are the only feed materials (incidental contaminants may be included in the feed materials) and they are processed into a chemical plant feedstock or petroleum re finery feedstock, where the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. The combined weight of the chemical plant feedstock and petroleum refinery feedstock produ ced by the plastics/rubber recycling unit on a calendar quarter basis shall be more than 70 percent of the comb ined weight of the plastics, rubber, and rubber tires processed by the plastics/rubber recycling unit on a calendar quarter basis. The plastics, rubber, and/or rubberFINAL REGULATIONS 39

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 tire feed materials to the plastics/rubber recycling unit may originate from the separation or diversion of plastics, rubber, or rubber tires from MSW or industrial solid waste, and may include manufacturing scraps, trimmings, and off-specification plastics, rubber, and rubber tire discards. The plastics, rubber, and rubber tire feed materials to the plastics/rubber recycling unit may contain incidental contamin ants (e.g., paper labels on plastic bottles, metal rings on plastic bottle caps, etc.).
64. PM 2.5 – Particulate matter with an aerodynamic diam eter less than or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by a reference method based on Appendix L of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method designated in accordance with 40 CFR 53.
65. PM 2.5 Emissions - Finely divided solid or liquid materi al with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the am bient air as measured by a reference method approved by the Department, with concurrence of the U. S. Environmental Protection Agency.
66. PM 10 - Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on Appendix J of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent method designated in accordance with 40 CFR 53.
67. PM 10 Emissions - Finely divided solid or liquid materi al with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambi ent air as measured by a reference method approved by the Department, with concurrence of the U. S. Environmental Protection Agency. 68. Potential to Emit - The maximum capacity of a pl ant to emit a regulated pollutant under its physical and operational design. Any physical or operational limita tion on the capacity of the plant to emit a regulated pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federa lly enforceable. Secondary emissions do not count in determining the potential to emit of a plant. 69. Process Industry - Any source engaged in the ma nufacture, processing, handling, treatment, forming, storing or any other action upon materials except fuel-burning operations. 70. Process Weight - The total weight of all materi als introduced into a source operation, including air and water where these materials become an integral part of the product, and solids used as fuels but excluding liquids and gases used solely as fuels. 71. Process Weight Rate - A rate established as follows: a. For continuous or long-run steady-state source operations, the total process weight for the entire period of continuous operation or for a typical portion thereo f, divided by the number of hours of such period or portion thereof. b. For cyclical or batch unit operations, or unit pr ocesses, the total process weight for a period that covers a complete operation or an integral number of cycl es, divided by the hours of actual process operation during such a period. Where the nature of any process or operation or the d esign of any equipment is such as to permit more than one interpretation of this definition, the interpretation that results in the minimum value for allowable emission shall apply. 72. Pyrolysis/Combustion Unit - A unit that produces gas es, liquids, or solids through the heating of waste, and the gases, liquids, or solids produced are com busted and emissions vented to the atmosphere.40 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 73. Refuse - Garbage, rubbish and/or trade waste. 74. Refuse-derived Fuel - A type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel including low-density fluff refuse-derived fuel through densified refuse- derived fuel and pelletized refuse-derived fuel. 75. Retail Business Type Incinerator - An incinerator th at combusts waste typical of a retail business rather than domestic, commercial, or industrial activities. 76. Rubbish - Solid wastes from residences and dw ellings, commercial establishments, and institutions. 77. Salvage Operations - Any operation of a business, tr ade, or industry engaged in whole or in part in salvaging or reclaiming any product or material includi ng, but not limited to, metals, chemicals, shipping containers, drums or automobiles. 78. Secondary Emissions - Emissions which would occu r as a result of the construction or operation of a major source or major modification, but do not come from the major source or major modification itself. Secondary emissions shall be specific, well defined, quan tifiable, and shall impact the same general area as the source or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to: a. emissions from ships or trains moving to or from the new or modified source. b. emissions from any offsite support operation whic h would not otherwise be constructed or increase its emissions as a result of the construction or opera tion of the major source or major modification. 79. Sludge Incinerator - An incinerator that combusts wastes containing more than 10% (dry weight basis) sludge produced by municipal or industrial waste water tr eatment plants or each incinerator that charges more than 2205 lb/day (dry weight basis) of sludge produced by municipal or industrial wastewater treatment plants. 80. Smoke - Small gasborne and ai rborne particles arising from a process of combustion in sufficient number to be observable by a person of normal vision under normal conditions. 81. Solid Fuel - A fuel which is fired as a solid such as coal, lignite and wood. 82. Spec. Oil - See definition of used oil. 83. Stack - Any flue, conduit, chimney, or opening a rranged to conduct an effluent into the open air. 84. Stack Height - The vertical distance measured in feet between the point of discharge from the stack or chimney into the outdoor atmosphere a nd the elevation of the land thereunder. 85. Standard Conditions - 760 millimeters of mercury at 25 o Centigrade. 86. Stationary Source - Any building, structure, in stallation or process which emits or may emit an air pollutant subject to regulation by any national or state st andard. Use of the term “source” is to be construed to mean “stationary source.” 87. Substantial loss - Generally means a loss which would equal or exceed 10 percent of the total initial project cost.FINAL REGULATIONS 41

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 88. Synthetic minor source - A stationary source that obtains a federally enforceable physical or operational limitation from the Department to limit or cap the stationary source’s potential to emit to avoid being defined as a major source or major modification, as defined by applicable Fede ral and State regulations. 89. Total reduced sulfur (TRS) - The sum of the sulf ur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide, that are released during the kraft pulping operation. 90. Total Suspended Particulate (TSP) - Particul ate matter as measured by the method described in Appendix B, 40 CFR 50, July 1, 1987. 91. Trade Waste - All solid, liquid or gaseous mate rial or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals and cinders. 92. Untreated lumber - Wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Untreated lumber does not include wood products that have been painted, pigment-stained, or “pressure-treated.” Pressure-treat ing compounds include, but are not limited to, chromate copper arsenate, pentachlorophenol, and creosote. 93. Used Oil - Any oil that has been refined from crude or synthetic oil and as a result of use, storage, or handling, has become unsuitable for its original purpo se due to the presence of impurities or loss of original properties, but which may be suitable for further use a nd may be economically recyclable. This also includes absorbent material contaminated with used oil such as oily rags or absorb ent blankets. Two types of used oil are defined as follows: a. Spec. Oil (Specification Oil) - Used oil that meets the following specifications: * i. Arsenic - 5 ppm maximum ii. Cadmium - 2 ppm maximum iii. Chromium - 10 ppm maximum iv. Lead - 100 ppm maximum v. Nickel - 120 ppm maximum vi. Total halogens - 4000 ppm maximum**
vii. Flash Point - 100 o F (37.8 o C) minimum *This specification does not apply to used oil fuel mixed with a hazardous waste. **Used oil containing more than 1000 ppm total ha logens is presumed to be a hazardous waste. The burden of proof that this is not true rests with the user. b. Non-Spec. Oil (Off-Spec. Oil) - Used oil that does not meet the specification above. 94. Utility Boiler - A boiler that produces steam, heated air, or other heated fluids for sale or for use in producing electric power for sale. 95. Virgin Fuel - Unused solid, liquid, or gaseous commercial fuel. Also, clean wood or bark that has not been processed other than for size reduction excluding clean wood or bark burned in an air curtain incinerator.42 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 96. Volatile Organic Compound (VOC) - Any organic compound which participates in atmospheric photochemical reactions; or which is m easured by a reference method (as specified in 40 CFR 60, as of July 1, 1990), an equivalent method, an alternative method, or which is determined by procedures specified under any subpart of 40 CFR 60. This includes compounds other than the following compounds: acetone; (CF 3 ) 2 CFCF 2 OC 2 H 5 (2-(ethoxydifluoromethyl)-(1,1,1,2,3,3,3-heptafluoropropane); ((CF 3 ) 2 CFCF 2 OCH 3 ,) (2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane); CFC-11 (trichlorofluoromethane); CFC-12 (dichlorodifluoromethane); CFC-113 (1,1,2-trichloro-1,2,2-trifluoroethane); CFC-114 (1,2-dichloro-1,1,2,2-tetrafluoroethane); CFC-115 (chloropentafluoroethane); dimethyl carbonate; ethane; HCFC-22 (chlorodifluoromethane); HCFC-31 (chlorofluoromethane); HCFC-123 (1,1,1-trifluoro-2,2-dichloroethane); HCFC-123a (1,2-dichloro-1,1,2-trifluoroethane); HCFC-124 (2-chloro-1,1,1,2-tetra-fluoroethane); HCFC-134a (1,1,1,2-tetrafluoroethane); HCFC-141b (1,1-dichloro-1-fluoroethane); HCFC-142b (1-chloro-1,1-difluoroethane); HCFC-151a (1-chloro-1-fluoroethane); HCFC 225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane); HCFC 225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane); HFC-23 (trifluoromethane); HFC-32 (difluoromethane); HFC 43-10mee (1,1,1,2,3,4,4 ,5,5,5-decafluoropentane); HFC-125 (pentafluoroethane); HFC-134 (1,1,2,2-tetrafluoroethane); HFC-143a (1,1,1-trifluoroethane); HFC-152a (1,1-difluoroethane); HFC-161 (ethylfluoride); HFC 227ea (1,1,1,2,3,3,3-heptafluoroproane); HFC-236ea (1,1,1,2,3,3-hexafluoropropane); HFC-236fa (1,1,1,3,3,3-hexafluoropropane); HFC-245ca (1,1,2,2,3-pentafluoropropane); HFC-245ea (1,1,2,3,3-pentafluoropropane); HFC-245eb (1,1,1,2,3-pentafluoropropane); HFC-245fa (1,1,1,3,3-pentafluoropropane); HFC-365mfc (1,1,1,3,3-pentafluorobutane); HFE-7000 (1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane) or (n-C 3 F 7 OCH 3 ); HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane) or (C 4 F 9 OCH 3 ); HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane) or (C 4 F 9 OC 2 H 5 ); HFE-7300 (1) 1,1,1,2,2,3,4,5,5,5-decafluoro- 3-methoxy-4-trifluoromethyl-pentane; HFE-7500 (3-ethoxy-1,1, 1,2,3,4,4,5,5,6,6,6- dodecafluoro-2-(trifluoromethyl) hexane; methane; methyl acetate; methyl chloroform (1,1,1-trichloroethane); methylene chloride (dichloromethane); methyl formate (HCOOCH 3 ); parachlorobenzotrifluoride (PCBTF);FINAL REGULATIONS 43

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 perchloroethylene (tetrachloroethylene); perfluorocarbon compounds that fall into these classes: (i) cyclic, branched, or linear, completely fluorinated alkanes; (ii) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (iii) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; (iv) sulfur containing perfluorocarbons with no un saturations and with sulfur bonds only to carbon and fluorine; propylene carbonate; and volatile methyl siloxanes (cyclic, branched, or li near completely methylated siloxanes) (VMS). These compounds have been determined to have negligible photochemical reactivity. For purposes of determining compliance with emission limits, VOC w ill be measured by the approved test methods. Where such a method also inadvertently measures compounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly reactive compounds when determining compliance with an emissions standard.The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requireme nts which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate (TBAC or TBAc). 97. Waste - Any discarded material including but not limited to used oil, hazardous waste fuel, hazardous waste, medical waste, municipal solid waste, sludge, waste fuel, and waste classification Types 0 through 6 or any material which as a result of use, storage, or hand ling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. a. Type 0 - Trash, a mixture of highly combustible waste such as paper, cardboard, wood boxes, and combustible floor sweepings, from commercial and industr ial activities. The mixture contains up to 10% by weight of plastic bags, coated pape r, laminated paper, treated corrugate d cardboard, oily rags and plastic or rubber scraps. Typical composition: 10% moisture, 5% incombustib le solids and has a heating value of approximately 8500 BTU per pound as fired. b. Type 1 - Rubbish, a mixture of combustible waste such as paper, cardboard cartons, wood scrap, foliage and combustible floor sweep ings, from domestic, commercial and industrial activities. The mixture contains up to 20% by weight of restaurant or cafeteria waste, but contains little or no treated papers, plastic or rubber wastes. Typical composition: 25% moisture, 10% incombusti ble solids and has a heating value of approximately 6500 BTU per pound as fired. c. Type 2 - Refuse, consisting of an approximately even mixture of rubbish and garbage by weight. This type of waste is common to apartment and residential occupancy. Typical composition: up to 50% moisture, 7% incombustible solids, and has a heating value of approximately 4300 BTU per pound as fired. d. Type 3 - Garbage, consisting of animal and vegetable wastes from restaurants, cafeterias, hotels, hospitals, markets, and like installations. Typical composition: up to 70% moisture, up to 5% incombustible solids and has a heating value of approximately 2500 BTU per pound as fired.44 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 e. Type 4 - Human and animal remains, consisti ng of carcasses, organs and solid organic wastes from hospitals, laboratories, abattoirs, animal pounds, and similar sources. Typical composition: up to 85% moisture, 5% in combustible solids, and having a heating value of approximately 1000 BTU per pound as fired. f. Type 5 - By-product waste, gaseous, liquid or semi- liquid, such as tar, paints, solvents, sludge, fumes, etc., from industrial operations. BTU valu es shall be determined by the individual materials to be destroyed. g. Type 6 - Solid by-product waste, such as rubbe r, plastics, wood waste, etc., from industrial operations. BTU values shall be determined by the individual materials to be destroyed.
98. Waste Fuel - Waste that does not meet hazardous w aste criteria but has a heat value greater than 5000 BTU/lb. 99. Yard waste - Grass, grass clippings, bushes, sh rubs, and clippings from bushes and shrubs that are generated by residential, commercial/r etail, institutional, and/or industr ial sources as part of maintenance activities associated with yards or other private or public lands. Yard waste does not include construction, renovation, and demolition wastes, which are exempt from the definition of municipal solid waste in this Section. Yard waste does not include clean wood, which is also exempt from the definition of municipal solid waste in this Section. SECTION II - PERMIT REQUIREMENTS Regulation 61-62.1, Section II will have an intr oduction added before subsection (A) as follows: The following regulation will not supersede any St ate or Federal requirements nor special permit conditions, unless this regulation would impose a more r estrictive emission limit. The owner or operator shall comply with all terms, conditions, a nd limitations of any Department-issued permit for sources or activities at its facility. A source’s permit status may change u pon promulgation of new regulatory requirements. Regulation 61-62.1, Section II(A) shall be revised as follows: A. Construction Permits 1. Applicability a. Except as allowed under paragraphs (c) and (d) belo w, any person who plans to construct, alter or add to a source of air contaminants, including installati on of any device for the control of air contaminant discharges, shall first obtain a construction perm it from the Department prior to commencement of construction. b. The Department may grant permission to proceed with minor alterations or additions without issuance of a construction permit when the Department determines that the alteration or addition will not increase the quantity and will not alter the character of the source’s emissions. c. The owners or operators of sources not reques ting to use Federally enforceable construction permit conditions to limit potential to emit, sources not subject to regulations with more stri ngent start of construction limitations, or sources not otherwise exempt from pe rmit requirements, may undertake the following on-site activities prior to obtaining a construction permit: i. Planning; ii. Engineering and design;FINAL REGULATIONS 45

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 iii. Geotechnical investigation; iv. Site land clearing and grading; v. Setting up temporary trailers to house construction staff and contractor personnel; vi. Ordering of equipment and materials; vii. Receipt and storing of equipment; viii. Pouring of the foundation up to and in cluding the mounting pads and slab on grade; ix. Relocation of utilities; and, x. For existing sources, relocation/installation of piping, electrical service, and instrumentation. d. In the event that the source does not qualify fo r issuance of a construction permit, the owners or operators accept the financial risk of commencing these activities. 2. No permit to construct or modify a source will be issued if emissions interfere with attainment or maintenance of any State or Federal standard. 3. The owner or operator shall submit written notifica tion to the Department of the date construction is commenced, postmarked no later than 30 days after such date, and written notification of the actual date of initial startup of each new or altered source, postmarked within 15 days after such date. 4. Approval to construct shall b ecome invalid if construction: a) Is not commenced within 18 m onths after receipt of such approval, b) Is discontinued for a pe riod of 18 months or more, or c) Is not completed within a reasonable time as deemed by the Department. 5. The Department may extend the construction permit for an additional 18-month period upon a satisfactory showing that an extension is justifie d. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected a nd approved commencement date. Regulation 61-62.1, Section II(B)(2 )(h) shall be revised as follows: h. Sources with a total uncontrolled emission rate of le ss than 1 lb/hr each of particulates, sulfur dioxide, nitrogen oxides, and carbon monoxide; and a total uncontrolled emission rate of less than 1000 lbs/month of VOC will not require construction pe rmits. However, these sources may be required to be included in any subsequent construction or operating permit review to ensure that there is no cause or contribution to an exceedance of any ambient air quality standard or limit. For toxic air pollutant exemptions, refer to S.C. Regulation 61-62.5, Standard No. 8. Emissions calcula tions and any other inform ation necessary to document qualification for this exemption must be maintained onsite and provided to the Department upon request Regulation 61-62.1, Section II(B )(3) shall be revised as follows: 3. The Department will place the exempt sources liste d in Section II (B)(2)(a) through (g), and other sources that have been determined will not interfere with the attainment or maintenance of any State or Federal standard, on a list of sources to be exempted without further review. The list of sources that are exempt without further review from the requirement to obta in a construction permit will be maintained by the Department and periodically published in the South Carolina State Register for use by the public and the regulated community. Regulation 61-62.1, Section II(B )(4) shall be revised as follows: 4. Sources with only fugiti ve emissions must submit source informati on, and the need for permit(s) will be made by the Department on a case-by-case basis. This de termination will take into consideration, but will not46 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 be limited to the nature and amount of the pollutant s, location, proximity to residences and commercial establishments, etc. Regulation 61-62.1, Section II(B )(6) shall be revised as follows: 6. The construction permitting exemptions in Section II (B) do not relieve the owner or operator of any source from any obligation to comply with any other a pplicable requirements. The Department reserves the right to require a construction permit and the need fo r permit(s) will be made by the Department on a case-bycase basis. This determination will take into considerati on, but will not be limited to the nature and amount of the pollutants, location, proximity to resi dences and commercial establishments, etc. Regulation 61-62.1, Section II(C)(3)(c) and (d) shall be revised as follows: c. The facility's Federal Employer Identif ication Number or Federal Tax ID Number; d. A description and the U. S. Standard Industrial Classification (SIC) Code and North American Industry Classification System (NAICS) Code of the products or product lines to be produced by the proposed sources covered by this application; Regulation 61-62.1, Section II(G)(4)’s title shall be revised as follows: 4. New or Modified Sources Regulation 61-62.1, Section II(H)(4 )(c) shall be revised as follows: c. The facility's Federal Employer Identif ication Number or Federal Tax ID Number; Regulation 61-62.1, Section II(I)(1 )(b) shall be revised as follows: b. Registration permits will be developed only fo r specific stationary source groups with uncontrolled potential to emit less than the threshold for major sour ce groups, in accordance with S.C. Regulation 61-62.70, Title V Operating Permit Program; S.C. Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration; S.C. Regulation 61-62.5, Standard No. 7.1, Nonattainment New Source Review; and where equipment similarities and simplicity remove th e need for in depth site-specific review. Regulation 61-62.1, Section II(I)(2 )(a) shall be revised as follows: a. A source that qualifies may elect to apply to th e Department for coverage under a registration permit in lieu of a construction and operating permit as provided in Regulation 61-62.1, Section II (A) and (F). The Department shall grant the registration permit to sources certifying qualification for and agreeing to the conditions and terms of the registration permit applicable to similar sources. The source shall be subject to enforcement action for operation without a valid permit if the source is later determined not to qualify for the conditions and terms of the registration permit. The Depa rtment reserves the right to require a construction or operating permit and the need for permit(s) will be ma de by the Department on a case-by-case basis. This determination will take into consider ation, but will not be limited to the nature and amount of the pollutants, location, proximity to residences and commercial establishments, etc. Regulation 61-62.1, Section II(I)(3 )(a) shall be revised as follows: a. Registration Permits shall contain any applicab le permit conditions listed in Section II (J) as the Department finds appropriate.FINAL REGULATIONS 47

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 Regulation 61-62.1, Section II(J )(1) shall be revised as follows : 1. Standard Permit Conditions All construction and operating permits shall contain the following standard permit conditions. a. No applicable law, regulati on or standard will be contravened. b. All official correspondence, plans, permit applications and written statements are an integral part of the permit. Any false information or misrepresentation in the application for a construction or operating permit may be grounds for permit revocation. c. For sources not required to have continuous emis sion monitors, any malfunction of air pollution control equipment or system, process upset or other equipment failure which results in discharges of air contaminants lasting for one hour or more and which are greater than those discharges described for normal operation in the permit application shall be reported to the Department within twenty-four hours after the beginning of the occurrence and a written report shall be submitted to the De partment within thirty (30) days. The written report shall include as a minimum, the following: i. The identity of the stack and/or em ission point where the excess emissions occurred; ii. The magnitude of the excess emissions expressed in the units of the applicable emission limitation and the operating data and calculations used in determining the excess emissions; iii. The time and duration of the excess emissions; iv. The identity of the equipment causing the excess emissions; v. The nature and cause of such excess emissions; vi. The steps taken to remedy the malfunction and the steps taken or planned to prevent the recurrence of such malfunction; vii. The steps taken to limit the excess emissions; and, viii. Documentation that the air pollution contro l equipment, process equipment, or processes were at all times maintained and operated, to the maximum extent practicable, in a manner consistent with good practice for minimizing emissions. d. Sources required to have contin uous emission monitors shall submit reports as specified in applicable parts of the permit, law, regulations, or standards. e. Any owner or operator who c onstructs or operates a source or modification not in accordance with the application submitted pursuant to this regulation or w ith the terms of any approval to construct, or who commences construction after the effective date of these regulations without applying for and receiving approval hereunder, shall be s ubject to enforcement action. f. Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construc tion is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The Departme nt may extend the 18-month period upon a satisfactory showing that an extension is justifie d. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected a nd approved commencement date.48 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 g. A copy of the Department issued construction a nd/or operating permit must be kept readily available at the facility at all times. The permittee shall maintain such operational records; make reports; install, use, and maintain monitoring equipment or methods; sample a nd analyze emissions or di scharges in accordance with prescribed methods, at locations, intervals, and procedur es as the Department shall prescribe; and provide such other information as the Department reasonably may re quire. All records required to demonstrate compliance with the limits established under this permit shall be maintained on site for a period of at least five (5) years. Regulation 61-62.1, Section II(N)(5) shall be revised as follows: 5. Any proposed new or modified stationary source required to undergo a public comment period shall not commence any construction until all public participation procedures of this section are completed, and the source has received an effective cons truction permit from the Department. Regulation 61-62.1, Section II(O) shall be added to the end of Section II as follows: O. Inspection and Entry Upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Department or an authorized re presentative to perform the following: 1. Enter the facility where emissions-related activity is conducted, or where records must be kept under the conditions of the permit. 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit. 3. Inspect any facilities, equipment (including monito ring and air pollution control equipment), practices, or operations regulated or required under this permit. 4. As authorized by the Federal Clean Air Act and/or the SC Pollution Control Act, sample or monitor at reasonable times substances or parameters for th e purpose of assuring compliance with the permit or applicable requirements. R. 61-62.3, Air Pollution Episodes: Regulation 61-62.3, Section I(2 )-(4) shall be revised as follows: 2. WATCH - This level will be activated when cont inuous air quality monitoring indicates that one of the following pollutant concentrations has been reached:
PM 10 - 350 μg/m 3 , 24-hour average;
SO 2 - 400 μg/m 3 (0.15 p.p.m.), 24-hour average; or
O 3 (Ozone) - 400 μg/m 3 (0.2 p.p.m.), 1-hour average; and meteorological conditions are such that the pollutan t concentrations can be expected to remain at the above levels for twelve (12) hours or more, or increase, or in the case of ozone, the situation is likely to recur within the next 24 hours unless control actions are taken. 3. ALERT - This level indicates that air quality is continuing to deteriorate and that additional control actions are necessary. An alert will be declared when monitoring indicates that one of the following pollutant concentrations has been reached:FINAL REGULATIONS 49

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 PM 10 - 420 μg/m 3 , 24-hour average;
SO 2 - 800 μg/m 3 (0.3 p.p.m.), 24-hour average; or
O 3 (Ozone) - 800 μg/m 3 (0.4 p.p.m.), 1-hour average; and meteorological conditions are such that pollutant con centrations can be expected to remain at the above levels for twelve (12) hours or more, or increase, or in the case of ozone, the situation is likely to recur within the next 24 hours unless control actions are taken. 4. EMERGENCY - The primary objective of this plan is to prevent this level from ever being reached; however, should this level be reached the most stringen t control actions are necessary. An emergency will be declared when monitoring indicates that one of the fo llowing pollutant concentr ations has been reached:
PM 10 - 500 : μg/m 3 , 24-hour average;
SO 2 - 1600 : μg/m 3 (0.6 p.p.m.), 24-hour average; or
O 3 (Ozone) - 1000 : μg/m 3 (0.5 p.p.m.), 1-hour average; and meteorological conditions are such th at this condition can be expected to continue for twelve (12) or more, or increase, or in the case of ozone, the situation is likely to recur within the next 24 hours unless control actions are taken. R. 61-62.5 Standard 1, Emissions From Fuel Burning Operations: Regulation 61-62.5 Standard 1, Sectio n I(C) shall be revised as follows: SECTION I - VISIBLE EMISSIONS
C. Special Provisions The opacity standards set forth above do not apply du ring startup or shutdown. Owners and operators shall, to the extent practicable, maintain and operate any source including associated air pollution control equipment in a manner consistent with good air pollution control practices for minimizing emissions. In addition, the owner or operator of fuel burning sources except natu ral gas fired units, shall maintain a log of the time, magnitude, duration and any other pertinent information to determine periods of startup and shutdown and make available to the Department upon request. R. 61-62.5 Standard 2, Ambient Air Quality Standards: Regulation 61-62.5 Standard 2 shall be revised as follows: The following table constitutes the ambient air qua lity standards for the Stat e of South Carolina. The analytical methods to be used will be those appli cable Federal Reference Methods published in 40 CFR 50, Appendices A-N as revised July 18, 1997. In the case of fluor ides either the double paper tape sampler methods (ASTM D-3266-79) or the sodium bicarbonate-c oated glass tube and particulate filter method (ASTM D3268-78) may be used.50 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 Pollutant Measuring Interval Micrograms Per Cubic Meter Unless Noted Otherwise (1) (2)
Sulfur Dioxide 3 hours 24 hours Annual 1300 (4) 365 (4) 80

PM 10 24 hours Annual 150 (3) 50 (3)
PM 2.5 (Primary and Secondary Standards) 24 hours Annual 35 (3) 15 (3)
Carbon Monoxide 1 hour 8 hour 40 mg per cubic meter (4) 10 mg per cubic meter (4)
Ozone 8 hours 8 hours 0.08 ppm (3) (5) 0.075 ppm (3) Gaseous Fluorides (as HF) 12 hr. avg. 24 hr. avg. 1 wk. avg. 1 mo. avg. 3.7 2.9 1.6 0.8 Nitrogen Dioxide Annual 100 Lead Rolling 3-month 0.15 Average (6)
(1) Arithmetic Average except in case of total suspended particulate matter (2) At 25 0 C and 760 mm Hg. (3) Attainment determinations will be made based on th e criteria contained in 40 CFR 50 Appendices H, I, K and N. (4) Not to be exceeded more than once a year. (5) The 1997 standard – and the implementation rul es for that standard – will remain in place for implementation purposes as EPA undertakes rulemaking to address transition from the 1997 ozone standard to the 2008 ozone standard. (6) Detailed explanation of the rolling 3-month average calculation can be found in 40 CFR 50.16 R. 61-62.5 Standard 4, Emissions From Process Industries: Regulation 61-62.5 Standard 4, Section V sh all be revised in its entirety as follows: SECTION V - COTTON GINS A. Definitions 1. 1D-3D cyclone – Any cyclone-type collector of the 1D-3D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder portion. A 1D-3D cyclone has a cylinder length of 1xD and a cone length of 3xD.FINAL REGULATIONS 51

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 2. 2D-2D cyclone – Any cyclone-type collector of the 2D-2D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder portion. A 2D-2D cyclone has a cylinder length of 2xD and a cone length of 2xD. 3. Bale – A compressed package of co tton lint weighing nominally 500 lbs. 4. Gin Yard - the land upon which a cotton gin is locat ed and all contiguous la nd having common ownership or use. 5. Ginning operation – Any facility or plant th at separates cotton lint from cotton seed. This process typically includes cleaning (removing plant material, dirt and other foreign matter) and packaging the lint into bales. 6. Ginning season – The period of time during which th e gin is in operation; usually between (but not limited to) September of the current year and January of the following year. 7. High pressure exhausts – The exhaust air system s at a cotton gin preceding the gin stand (including unloading, drying, extracting, cleaning, and overflow handling systems) in which material is conveyed by a higher pressure air and is typically controlled by cyclones. 8. Low pressure exhausts – The exhaust air systems at a cotton gin following the gin stand (including lint cotton cleaning and battery formation process) in whic h material is conveyed by low pressure air and is typically controlled by condensers. 9. Removal efficiency – Percent of total particulate matter removed from the gas stream between a cyclone’s inlet and outlet. B. Applicability 1. This rule applies to all exis ting, new, and modified cotton ginning operations in South Carolina. These facilities will be subject to registration permit conditions as specified in SC Regulation 61-62.1 Section II(I). 2. Existing facilities with a maximum gin stand rated capacity (or documented equipment limitation) of less than twenty (20) bales per hour that do not have cyclones on lint cleaning system exhausts and battery condenser exhausts as of promulgati on date of this rule, will not be required to add the emission control devices in Paragraph (C)(2) to lint cleaning exhausts or battery condenser exhausts if emissions from these exhausts are controlled by fine mesh screens. C. Emission Control Requirements 1. New facilities will be required to apply for a re gistration permit before co mmencement of construction. Existing facilities will be required to apply for a registrati on permit within 90 days of the promulgation date of this rule. Until such time that a registration permit is issued by the Department, existing cotton ginning operations should operate with existing permits. 2. Each cotton ginning operation shall install and ope rate a particulate emission control system on all high and low pressure exhausts and lint cleaning system exhausts that includes one or more 1D-3D or 2D-2D cyclones meeting the cylinder diameter requirements to produce a 3.5 to 6.0 or 3.0 to 5.5 inches of water pressure drop (respectively) as illustrated in Figure 6- 20 and 6-21 of the Agricultural Handbook Number 503, Cotton Ginners Handbook , dated December 1994. Exiting facilities shall comply with these control equipment requirements by August 31, 2012. 3. Air pollutant emissions shall not exceed 20 percent opacity.52 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 4. Stacks shall not be equipped with raincaps or other devices that deflect the emissions downward or outward. 5. Trash stacker areas shall contain one of the following:

a. A three sided enclosure with a roof whose si des are high enough above the opening of the dumping device to prevent wind from dispersing dust or debris; or
b

. A device to provide wet suppression at the dump area of the trash cyclone and minimize free fall distance of waste material exiting the trash cyclone. 6. The owner or operator shall ensure that all trucks transporting gin trash material are covered and that the trucks are cleaned of over-spill material befo re trucks leave the trash hopper dump area. 7. Reasonable precautions should be taken when ope rating or maintaining storage piles, materials, equipment, or vehicles in order to prevent any substa nce from being scattered by the wind or air in order to prevent fugitive dust emissions in accordan ce with SC Regulation 61-62.6, Section II.
D. Alternative Control Measures The owner or operator of a cotton ginning operation ma y petition the Department to use alternative control measures to those specified in this rule. The petition shall include: 1. The name and address of the petitioner; 2. The location and description of the cotton ginning operation; 3. A description of the alternative control measure; and
4. A demonstration that the alternative control measu re is at least as effective as the control device or method specified in this rule. 5. Once approved, repairs and maintenance of such de vices will not require notification to the Department. E. Monitoring 1. To ensure that the minimum required removal effi ciency is maintained, the owner or operator shall establish, based on manufacturers recommendations or in dustry standards, an inspection and maintenance schedule for the control devices, other emission processi ng equipment, and monitoring devices that are used pursuant to this rule. The inspection and maintenan ce schedule shall be followed throughout the ginning season. The results of the inspections and any mainte nance performed on the control equipment, emission processing equipment, or monitoring devices shall be docum ented in an on-site log book and made available to the Department upon request. The owner or operator should keep a copy of the manufacturer’s specifications for each type of control device installed. 2. On a weekly basis, the owner or operator shall measure and calculate the pressure drops across all cyclones. Measurements shall be made using a manome ter, a Magnahelic® gauge, or other device that the Department has approved as being equivalent to a manometer. These measurements should be recorded in the log book referred to in (E)(1). If the owner or operator m easures a static pressure out of the range indicated in (C)(2) of this regulation, the owner or operator shall initiate corrective action. Corrective action shall be recorded in the logbook. If corrective action will take more than 48 hours to complete, the owner or operator shall notify the Department no later than the end of the day such static pressure is measured.FINAL REGULATIONS 53

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 3. During the ginning season, the owner or operator sha ll weekly inspect for structural integrity of the control devices and other emissions processing systems a nd shall ensure that the control devices and emission processing systems conform to normal and proper operation of the gin. Fine mesh screens should be inspected daily throughout the ginning season and any clogs should be removed. If a problem is found, corrective action shall be taken and recorded in the lo gbook required in (E)(1) of this rule. 4. If control devices are repaired or replaced with e quivalent control equipment, the facility must maintain on-site documentation showing compliance with the cond itions specified in Section V (C) or previously allowed for under Section V (D). 5. The owner or operator shall retain all records required by this rule for three (3) years from the date of recording. Regulation 61-62.5 Standard 4, Sectio n XII(B) shall be revised as follows: SECTION XII – PERIODIC TESTING B. Total Reduced Sulfur (TRS) An owner or operator of a source which must comply w ith Section XI must perform scheduled periodic tests for TRS every two years or on a schedule as stipulated by special permit conditions and shall ensure that source tests are conducted in accordance with R.61-62.1, Section IV, Source Tests unless they are subject to TRS continuous monitoring equipment as specified in Section XI(D)(1)(a) of this regulation. R. 61-62.5 Standard 6, Alternate Emissions Limitation Options (“Bubble”): Regulation 61-62.5 Standard 6, shall be de leted in its entirety and reserved as follows: SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AIR POLLUTION CONTROL REGULATIONS AND STANDARDS
REGULATION 61-62.5 AIR POLLUTION CONTROL STANDARDS STANDARD NO. 6 Reserved R. 61-62.5 Standard 7, Prevention of Significant Deterioration: Regulation 61-62.5 Standard 7, Section (q)(2) shall be revised as follows: (2) In accordance with Regulation 61-30, Environmental Protection Fees, the Department shall make a final determination on the application. This involves pe rforming the following actions in a timely manner: (i) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved. (ii) Make available in at least one location in each region in which the proposed source or modification would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination.54 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 (iii) Notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed source or modification would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and the opportunity for comment at a public hearing as well as written public comment. (iv) Send a copy of the notice of public comment to the applicant, the Administrator of EPA, and to officials and agencies having cognizance over the loca tion where the proposed construction would occur as follows: The chief executives of the city and county where the source or modification would be located, any comprehensive regional land use planning agency and any State, Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from the source or modification. (v) Provide opportunity for a public hearing for inte rested persons to appear and submit written or oral comments on the air quality impact of the source or modifi cation, alternatives to the source or modification, the control technology required, and other appropriate considerations. (vi) Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. No later than 10 days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public . The Department shall consider the applicant’s response in making a final decision. The Department sh all make all comments available for public inspection in the same locations where the Department made available preconstruction information relating to the proposed source or modification. (vii) Make a final determination whether construc tion should be approved, ap proved with conditions, or disapproved pursuant to this section. (viii) Notify the applicant in writing of the final de termination and make such notification available for public inspection at the same location where the Depart ment made available preconstruction information and public comments relating to the source or modification. (ix) Notify EPA of every action related to the consideration of the permit. Regulation 61-62.5 Standard 7, Section (q)(3) shall be revised as follows: (3) The requirements of Section (q), Public Participati on, of this standard shall not apply to any major plant or major modification which Section (i), Exemptions, would exempt from the requirements of Sections (k), (m), and (o), but only to the extent that, with respect to each of the criteria for construction approval under the South Carolina State Implementation Plan and for ex emption under Section (i), requirements providing the public with at least as much participation in each material determination as those of Section (q) have been met in the granting of such construction approval. Regulation 61-62.5 Standard 7, Section (r)(4) shall be revised as follows: (4) At such time that a particular source or modi fication becomes a major stationary source or major modification solely by virtue of a relaxation in an y enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirement s or paragraphs (j) through (r) shall apply to the source or modification as though construction had not yet commenced on the source or modification. Regulation 61-62.5 Standard 7, Section (w)(1) shall be revised as follows: (1) Any permit issued under this section or a prior vers ion of this regulation shall remain in effect, unless and until it expires or is rescinded.FINAL REGULATIONS 55

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 R. 61-62.5 Standard 7.1, Nonattainment New Source Review (NSR): Regulation 61-62.5 Standard 7.1, Section (c)(7)(A)(i ) shall be revised as follows; Section (C)(7)(A)(ii) remains the same: (7)(A) “Major stationary source” means: (i) Any stationary source of air pollutants which em its, or has the potential to emit 100 tons per year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply in areas subject to subpart 2, subpart 3, or subpart 4 of part D, title I of the Act, according to pa ragraphs (c)(7)(A)(i)(a) through (e) of this section. (a) 50 tons per year of volatile organic compounds or oxides of nitrogen in any serious ozone nonattainment area. (b) 50 tons per year of volatile organic compounds or oxides of nitrogen in an area within an ozone transport region, except for any severe or extreme ozone nonattainment area. (c) 25 tons per year of volatile organic co mpounds or oxides of nitrogen in any severe ozone nonattainment area. (d) 10 tons per year of volatile organic co mpounds or oxides of nitrogen in any extreme ozone nonattainment area. or R. 61-86.1, Standards of Performance For Asbestos Projects: Regulation 61-86.1, Section (XX)(A )(4) shall be revised as follows: 4. Industries that choose not to obtain a facility gr oup license or who hire companies or individuals not covered under the facility group license shall satisfy all a pplicable requirements described in other sections of this regulation, except for with regard to the frequency with which building inspections are required, as outlined in Section XX, J of this regulation. Regulation 61-86.1, Section (XX)(J)(3) shall be ad ded at the end of the Section(XX)(J) as follows: 3. To be acceptable, a building inspection shall have been performed no earlier than five years prior to the renovation or demolition, or, if more than five years have elapsed since the most recent inspection, the previous inspection shall be confirmed and veri fied by a person licensed as a building inspector. Fiscal Impact Statement: There will be no increased cost to the State or its political subdivisions.
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 amendments to S.C. Regulation 61-62 , Air Pollution Control Regulations and Standards, and the State Implementation Plan (SIP), will support the Departme nt’s goal of promoting and protecting the health of the public and the environment in a more efficient and effective manner. These amendments will expand and56 FINAL REGULATIONS

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 clarify definitions applicable to air pollution control regulations and standards, streamline permitting options, as well as correct problems with the current re gulatory strategy applicable to cotton gins. The amendments to S.C. Regulation 61-86.1, Standard s of Performance for Asbestos Projects, will address requests made during the legislative approval of the pr evious version of this regulation by reducing the frequency of building inspections for industrial manufacturing and electrical generating facilities. Legal Authority: The legal authority for R. 61-62, Air Pollution Control Regulations and Standards , is S.C. Code of Laws, Sections 48-1-10, et seq., 1976, as amended

. The legal authority for R. 61-86.1 , Standards of Performance for Asbestos Projects, is S.C. Code of Laws, Sections 44-1-140, 48-1-30, and 44-87-10 et seq

. Plan for Implementation: These amendments will take e ffect upon approval by the S.C. General Assembly and publication in the State Register. These amendments will be implemented by providing the regulated community with copies of the regulation.
DETERMINATION OF NEED AND REASONABLENESS OF THESE REGULATIONS BASED ON ALL FACTORS HEREIN AND EXPECTED BENEFITS: The Department has amended R. 61-62 and the SIP. In particular, the Department has amended R. 61-62.1, Definitions and General Requirements, to update and correct definitions and permit requirements; R. 61-62.5, Standard 1, Emissions From Fuel Burning Operations, to exclude the requirement for natural gas fired units to maintain a log of periods of startup and shutdown; R. 61-62.5, Standard 2, Ambient Air Quality Standards, to remove the standard for Total Susp ended Particle (TSP) and update th e exceedance limitation for the carbon monoxide (CO) standard; R.61-62.5, Standard No. 4, Emissions from Process Industries, to modify the regulatory strategy for cotton gins and remove the obsolete requirement to conduct stack tests for Total Reduced Sulfur (TRS) for facilities that are already requi red to have continuous em issions monitoring systems (CEMs) installed; and clarify the definition for majo r source threshold throughout 61-62. The Department has also deleted R. 61-62.5, Standard 6, Alternative Emission Limitation Options (“Bubble”); and update the entirety of R. 61-62 to correct typographical errors, provide clarification, delete or update obsolete requirements. The Department has also amended R. 61-86.1, Standard s of Performance for Asbestos Projects, to revise Section XX.A.4 and add Section XX.J.3 to change the re quired frequency of building inspections for industrial manufacturing and electrical generating facilities from 3 years to 5 years. The intent of these amendments is to simplify and corr ect certain issues in our regulatory guidelines to support the Department’s goal of promoting and protecting the health of the public and the environment in a more efficient and effective manner. There would be no detrim ental effect on the environment and public health if the amendments to R. 61-62, Air Pollution Control Regulations and Standards , R. 61-86.1, Standards of Performance for Asbestos Projects , and the SIP are adopted, in fact, improvements to the regulatory strategy for cotton gins will enhance air quality in some areas.
DETERMINATION OF COSTS AND BENEFITS: There will be no increased cost to the State or its po litical subdivisions. Some cotton gins may incur added costs due to the addition of required controls, but these co sts will be offset by the use of registration permits for cotton gins as indicated in the proposed changes. The amendments to R. 61-62, Air Pollution Control Regulations and Standards , and R. 61-86.1, Standards of Performance for Asbestos Projects, and the SIP will benefit the regulated community and the Department by expanding and clarifying definitions applicable to air pollution control regulations and standards, st reamlining permitting optio ns, and reducing unnecessary requirements.FINAL REGULATIONS 57

South Carolina State Register Vol. 35, Issue 5 May 27, 2011 The amendments to R.61-62.5, Standard No. 4, Emi ssions from Process Industries, may result in increased costs for some cotton ginning facilities associated with installing the necessary control equipment. However, the revised regulatory strategy was developed through an extensive stakeholder process and represents a compromise to include a registration permit option that w ould at the same time decrease the costs associated with obtaining permits to construct/operate.
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: The amendments to R. 61-62, Air Pollution Control Regulations and Standards, R.61-86.1, Standards of Performance for Asbestos Projects, 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: There will be no detrimental effect on the environment and/or public health associated with these revisions. Rather, changes to R. 61-62.4, Standard 4, involvi ng the regulatory strategy for cotton gins will be more stringent than the previous process rate based emission limitations as these revisions require the addition of industry standard air pollution control devices, control of emissions from specific point sources in the ginning process, and enforceable monitoring and recordkeeping. Statement of Rationale: The Department began this process by developing an inte rnal workgroup to evaluate the existing air quality regulations to provide clarification, delete or update obsolete requirements, and correct typographical errors as necessary. The Department also held several external stakehol der meetings to take recommendations and comments on those regulatory amendments identified by the workgroup. The amendments to R. 61-62, R. 61-86.1, and the SIP were developed by consensus. These regulatory am endments will provide clarity and specificity to the existing regulations, omit obsolete requ irements, and provide additional pe rmitting options to the regulated community.

Document No. 4153 DEPARTMENT OF INSURANCE CHAPTER 69 Statutory Authority: 1976 Code Sections 1-23-10 et seq., 38-3-110 and 38-75-485 69-76. SC Safe Home Program Wind Inspectors and Contractors Synopsis: The South Carolina Department of Insurance proposes to promulgate Regulation 69-76, SC Safe Home Program Wind Inspectors and Contractors. The regulation will set forth standards to facilitate the operation of the SC Safe Home program. The regulation will set forth policies and procedures that wind inspectors and contractors participating in the SC Safe Home Program must meet. The procedures and guidelines will allow the program to operate in an effective and equitabl e manner in implementing the standards and measures set forth in the Omnibus Coastal Property Insurance Reform Act of 2007.