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 Regulation 
Revisions to the South Carolina Air Implementation Plan Notices – Page 2 

General Amendments to R. 61-62 

July 18, 2011 

This Page Intentionally Left Blank 
Revisions 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 ....................................................................................................37 
10 DRAFTING 

South Carolina State Register Vol. 32, Issue 9 

September 26, 2008 

Synopsis: 

This regulation would deal with the quarantine of certain 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 Westinghouse 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 certain 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, and the South Carolina Air Quality Implementation Plan 

(also known as the State Implementation Plan, or SIP). 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. 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 particulate matter; R.61-62.5; Standard No. 4, Emissions from 

Process Industries, to update or correct emission limitations 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, providing clarification, and the deletion or updating of 

obsolete requirements. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 4
DRAFTING 11 

South Carolina State Register Vol. 32, Issue 9 

September 26, 2008 

These proposed amendments are not mandated by federal 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 Environmental 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 conjunction with revisions previously proposed in the April 

25, 2008, State Register. Interested persons are invited to present their views concerning these amendments in 

writing to Christopher L. Vaigneur, Regulatory Development 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 (NAICS) code 325193 or 312140 from the definition of 

‘‘chemical process plants.’’ This final rule became effective on July 2, 2007. 

The EPA made substantial changes to the federal new source review regulations in December 2002. In 

response, the Department revised state regulations and submitted the revised SIP for review. On June 2, 2008, 

the EPA took final action to partially approve, disapprove, 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 effective 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 conditional approval is the development 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 (PM2.5) (73 FR 28321) 

which finalized regulations to implement the New Source 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 “PM2.5”). 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 above referenced finalized Federal regulations for 

implementing the NSR program for PM2.5. 

The Department also proposes to make all additional changes necessary (including implementation of 

provisions for offsetting emissions) for full EPA approval 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. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 5
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 Control 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 Performance Standards (NSPS), National Emission Standards 

for Hazardous Air Pollutants (NESHAP), and NESHAP for Source Categories. 

The Department proposes to amend Regulation 61-62.1, Definitions 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 Regulations 61-62.60, South Carolina Designated Facility Plan 

and New Source Performance Standards; 61-62.61, National Emission Standards for Hazardous Air Pollutants; 

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

61.62.72, Acid Rain, to incorporate by reference recent federal amendments promulgated during the period 

from January 1, 2009, through December 31, 2009. 

The Department may also propose typographical corrections 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 requirements 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; Regulation 61-86.1, Standards of Performance for Asbestos 

Projects; and the South Carolina Air Quality Implementation Plan (SIP). This notice is being published to 

renew and supplement the revisions previously established 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. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 6
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 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 Suspended Particle (TSP) and 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 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 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), these 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 submit 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. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 7
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 Asbestos 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 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 for 

Total Suspended Particle (TSP) and update the 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 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, and 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 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), 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 established by the September 26, 2008, drafting notice. The 

latest drafting comment period ended on March 29, 2010. 

Discussion of Proposed Revisions: 

SECTION CITATION/EXPLANATION OF CHANGE: 

S.C. Regulation 61-62.1, Definitions and General Requirements 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 8
28 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 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 reference 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 definition 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 Emissions” 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 air pollutant” with “greater than 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 “PM10” and “PM10 Emissions” to appropriate alphabetic place in 

definitions. Also deleted an unnecessary date reference in “PM10.” 

R. 61-62.1, Section I – Definitions: 

Added definition: “64. PM2.5 – 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. PM2.5 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 instances 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 source” 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 Federal and State regulations” in order to take into 

account all federal requirements for major sources. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 9
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 paragraph 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 requirements” 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 aforementioned new Section II introductory paragraph. 

R. 61-62.1, Section II.A.4: 

Section deleted and information included in the aforementioned 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 limited to the nature and amount of the pollutants, location, proximity to 

residences and commercial establishments, etc.” to allow for the requirement of construction permits for 

facilities where other avenues of compliance are ineffective. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 10
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 applications include Standard Industrial Classification (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 operating 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 limited 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” conditions 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 construction 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 construction and/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 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 Department 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 the section only refers to construction permits. 

R. 61-62.1, Section II: 

Added new section: “O. Inspection and Entry,” which allows for inspection and entry of regulated facilities 

pursuant to the Pollution Control Act. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 11
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 PM10, SO2, and O3 by changing to μg/m3

. 

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 stack testing will not be required for facilities that are 

already required to have CEMs installed. 

S.C. Regulation 61-62.5, Standard 6, Alternative 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 being 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 throughout the regulations. 

R. 61-62.5, Standard 7.q.3: 

Replaced “Review of Major Stationary Sources and Major 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. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 12
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 for industrial manufacturing and electrical generating 

facilities. 

R. 61-86.1, Section XX.J.3: 

Added text to change the required frequency of building inspections for industrial manufacturing and electrical 

generating facilities from 3 years to 5 years. 

Notice of Staff Informational Forum and Public Comment Period: 

Staff of the South Carolina Department of Health and Environmental Control invites interested members of the 

public to attend a staff-conducted informational forum to be held on July 26, 2010, at 2:00 p.m. in the Wallace 

Room (3141) at the South Carolina Department of Health and Environmental Control, 2600 Bull Street, 

Columbia, SC. The purpose of the forum is to answer questions, clarify any issues, and receive comments 

from interested persons on the proposed amendments to R. 61-62.1, 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 Environmental 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 submitted to the Board in a Summary of Public Comments 

and Department Responses for consideration at the public hearing as noticed below. 

Copies of the proposed regulation for public notice and comment may be obtained by contacting Andrew O. 

Hollis at the South Carolina Department of Health and 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 Development Update. To access this 

document, click on the Air category, then scan down for this proposed amendment. 

Notice of Public Hearing and Opportunity for Public Comment: 

Interested members of the public and regulated community are invited to comment on the proposed 

amendments to R. 61-62.1, Definitions and General Requirements, 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 which time the Board will consider items on its agenda in 

the order presented. The order of presentation for public hearings will be noted in the Board’s agenda to be 

published by the Department twenty-four hours in advance of the meeting. Persons desiring to make oral 

comments at the hearing are asked to limit their statements to five minutes or less, and as a courtesy are asked 

to provide written copies of their presentation for the record. 

Preliminary Fiscal Impact Statement: 

There will be no increased costs to the State or its political subdivisions. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 13
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 environment 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 with 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 regulated 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 Suspended Particle (TSP) and update the 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 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 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, 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 intent of these amendments is to simplify and correct 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 detrimental 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, improvements to the regulatory strategy 

for cotton gins will enhance air quality in some areas. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 14
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 political subdivisions. Some cotton gins may incur added 

costs due to the addition of required controls, but these costs 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 Department by expanding and clarifying definitions 

applicable to air pollution control regulations and standards, streamlining permitting 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 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 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 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 AND 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, involving the regulatory strategy for cotton gins will be 

more stringent than the previous process rate based emission limitations as the proposed 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 internal 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 stakeholder 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 amendments will provide clarity and specificity to the 

existing regulations, omit obsolete requirements, and provide additional permitting 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. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 15
• 

• 

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 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 16
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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 

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Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 17
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DHEC INFO FORUM, 2:00 P.M., 7/26/2010 3 

I N D E X 

FACILITATOR HOLLIS ---------------------------- 4 

CERTIFICATE OF COURT REPORTER -------------------- 9 

Grainger Reporting Service 

(803) 798-2679 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 18
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DHEC INFO FORUM, 2:00P.M., 7/26/2010 4 

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 

Grainger Reporting Service 

(803) 798-2679 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 19
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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 

Grainger Reporting Service 

(803) 798-2679 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 20
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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 

Grainger Reporting Service 

(803) 798-2679 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 21
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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 

Grainger Reporting Service 

(803) 798-2679 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 22
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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 

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Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 23
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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) 798-2679 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 24
Sign-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 ofPerformance 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. 

Name I Representing. Mailing Address Telephone Number & 

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Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 25
{iarfier Rqlorting Service -,~,yj~"":: 

& Yideocon erencin 

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 

L_ _______________________________ REPORTER: LISA __ · 

sc Board of Health and Environmental Control 

November 1 0 201 0 - Attachment 8-3 

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SC Board of Health and Environmental Control 

November 10, 201 0 -Attachment ~4- 'T 

Board of Health and Environmental Control 

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November 10,2010- Attachment;::;._\~ 

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~t_mtember 1 o, 2010 -Attachment ~~~~ · 

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November 10, 2010- Attachment 14-4 \ 0 '\)ll% ~ 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 26
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S.C. BOARD OF HEALTH AND ENVIRONMENTAL CONTROL 'ORlGtNAL 

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 

803-256-4500 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 27
S.C. BOARD OF HEALTH AND ENVIRONMENTAL CONTROL 

3 BOARD MEMBERS: 

4 

5 

' 6 

7 

8 

9 

0 OFFICE OF GENERAL 

1 COUNSEL: 

2 

3 CLERK: 

4 

5 ALSO PRESENT: 

6 

7 

8 

9 

0 

1 

2 

3 

4 

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. 

* * * * * 

Garber Reporting Service 

803-256-4500 

Page 2 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 28
S.C. BOARD OF HEALTH AND ENVIRONMENTAL CONTROL 

CONTENTS 

Page 

Proceedings 5 

Certificate of Reporter 73 

Word Index 

* * * * * 

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 3 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 29
6 

7 

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 

* * * * * 

Garber Reporting Service 

803-256-4500 

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Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 30
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S.C. BOARD OF HEALTH AND ENVIRONMENTAL CONTROL 

Page 15 

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 

Garber Reporting Service 

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Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 31
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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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General Amendments to R. 61-62 

July 18, 2011 

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S.C. BOARD OF HEALTH AND ENVIRONMENTAL CONTROL Page 17 

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 

Garber Reporting Service 

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Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 33
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not --· 

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 

803-256-4500 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 34
S.C. BOARD OF HEALTH AND ENVIRONMENTAL CONTROL Page 73 

1 CERTIFICATE OF REPORTER 

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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 

803-256-4500 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 35
Sign-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. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 36
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 related 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 areas 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 agricultural, horticultural and silvicultural activities. USDA 

Animal and Plant Health Inspection Service (APHIS) issued 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 effect on March 1, 2011. The amendment to Regulation 27-78 

will result in conformity with this new Federal Order and any other statutes, regulations, 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 with 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. 

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 for Total Suspended Particle 

(TSP) and update the exceedance limitation for the carbon monoxide (CO) standard; R. 61-62.5, Standard No. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

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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 clarification, and delete or update obsolete requirements. 

Based on concerns brought up during legislative 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 develop these amendments. Based on comments received, the 

obsolete requirement of stack testing for Total Reduced Sulfur (TRS) at facilities that 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 established 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 reference 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 definition 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 Emissions” 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 air pollutant” with “greater than 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. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

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South Carolina State Register Vol. 35, Issue 5 

May 27, 2011 

R. 61-62.1, Section I - Definitions 

Moved and renumbered definitions for “PM10” and “PM10 Emissions” to appropriate alphabetic place in 

definitions. Also deleted an unnecessary date reference in “PM10.” 

R. 61-62.1, Section I – Definitions: 

Added definition: “64. PM2.5 – 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. PM2.5 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 instances 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 source” 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 Federal 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 paragraph 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 requirements” 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 aforementioned new Section II introductory paragraph. 

R. 61-62.1, Section II.A.4: 

Section deleted and information included in the aforementioned 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. 

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July 18, 2011 

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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 limited to the nature and amount of the pollutants, location, proximity to 

residences and commercial establishments, etc.” to allow 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 applications include Standard Industrial Classification (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 operating 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 limited 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” conditions 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 

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July 18, 2011 

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May 27, 2011 

R. 61-62.1, Section II.J.1.b: 

Added “Any false information or misrepresentation in the application for a construction 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 construction and/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 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 Department 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 the section only refers to construction permits. 

R. 61-62.1, Section II: 

Added new section: “O. Inspection and Entry,” which allows 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 PM10, SO2, and O3 by changing to μg/m3

. 

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 stack testing will not be required for facilities that are 

already required to have CEMs installed. 

S.C. Regulation 61-62.5 Standard 6, Alternative 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 being removed and reserved. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

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32 FINAL REGULATIONS 

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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 throughout the regulations. 

R. 61-62.5 Standard 7.q.3: 

Replaced “Review of Major Stationary Sources and Major 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 for industrial manufacturing and electrical generating 

facilities. 

R. 61-86.1, Section XX.J.3: 

Added text to change the required frequency of building inspections for industrial manufacturing and electrical 

generating facilities from 3 years to 5 years. 

Instructions:

Amend Regulation 61-62, Air Pollution Control Regulations and Standards, and 61-86.1, Standards of 

Performance for Asbestos Projects, pursuant to each individual 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 revised 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. Chemotherapeutic 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. 

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General Amendments to R. 61-62 

July 18, 2011 

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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 Section, or construction, renovation, and 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 which burns no more than 6 tons/day. Incinerators of 

this type not meeting these limits are considered municipal waste combustors. This definition does not include 

retail and industrial incinerators nor does it include waste from maintenance activities at commercial 

establishments. 

 19. Commissioner - Commissioner means the Commissioner 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 construction” - 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 unique facilities or equipment at the site of the source. 

With respect to a change in the method of operating, this term refers to those on-site activities other than 

preparatory activities which mark the initiation of the change. 

 23. Crematory Incinerator - Any incinerator designed and used solely for the burning of human remains or 

animal remains. 

 24. Department - Department means the South Carolina Department of Health and Environmental Control. 

 25. Dioxins/furans - the combined emissions of tetra- 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, rate, or concentration of 

emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, 

prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to 

assure continuous emission reduction. 

 28. Federally enforceable - All limitations and conditions which are enforceable by the Administrator of 

the U.S. Environmental Protection Agency (EPA) and 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 requirements 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. 

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May 27, 2011 

 29. Fuel Burning Operation - Use of furnace, boiler, device or mechanism used principally but not 

exclusively, to burn any fuel for the purpose of indirect heating in which the material being heated is not 

contacted by and adds no substance to the products of combustion. 

 30. Fugitive Dust - A type of particulate emission that becomes airborne by forces of wind, man’s activity 

or both, including but not limited to, construction sites, 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 from 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 furnace for energy recovery, except for hazardous wastes 

exempted by Section 266.30(b) of South Carolina Hazardous Waste Management Regulation 61-79. 

 36. Hazardous Waste Incinerator - An incinerator whose 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 provide 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 include 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 hospital, except unused items returned to the manufacturer. 

The definition of hospital waste does not include human corpses, remains, and anatomical parts that are 

intended for interment or cremation. 

 40. Incinerator - Any engineered device used in the process of controlled combustion of waste for the 

purpose of reducing the volume, removing the contamination and/or reducing or removing the hazardous 

potential of the waste charged by destroying combustible 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, heated air, or other heated fluids for use in a 

manufacturing process. 

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 42. Industrial Furnace - Any of the following enclosed 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 (including 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 primarily 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 secondary 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 operator 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 owner 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 effective date of a regulation or standard. 

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 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 recovery process is also considered part of the kraft 

pulp mill. 

 46. Major Source - Except as otherwise provided, this term refers to any plant which directly emits, or has 

the potential to emit greater than or equal to the major 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 established 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 hazardous 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 cremation; and domestic sewage materials identified in 

R.61-79.261.4(a)(1). 

 a. Cultures and stocks of infectious agents and associated biologicals, including: 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, and 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 components, and their containers which were used or 

intended for use in either patient care, testing and laboratory 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, syringes (with or without the attached needle), pasteur 

pipettes, scalpel blades, blood vials, needles with attached tubing, and culture 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. 

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 e. Animal waste including contaminated animal carcasses, 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 discarded 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, discarded sharps: hypodermic needles, suture needles, 

syringes, and scalpel blades. 

 50. Multiple-Chamber Incinerator - An incinerator consisting 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 other similar establishments or facilities. Institutional 

waste includes material discarded by schools, nonmedical waste discarded by hospitals, material discarded by 

nonmanufacturing activities at prisons and government facilities, and material discarded by other similar 

establishments or facilities. Household, commercial/retail, and institutional wastes include: 

 a. Yard waste; 

 b. Refuse-derived fuel; and 

 c. Motor vehicle maintenance materials limited to vehicle batteries and tires. 

 Household, commercial/retail, and institutional waste (MSW) does not include used oil; sewage sludge; 

wood pallets; construction, renovation, and demolition wastes (which includes 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 contaminated 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 (whether suspension-fired, grate-fired, mass-fired, or fluidized bed-fired, 

etc.), air curtain incinerators, and pyrolysis/combustion units. Municipal waste combustors do not include 

pyrolysis/combustion units located at a plastics/rubber recycling units. 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 modification, 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 combustor are defined as follows. The municipal waste 

combustor unit includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue 

gas system, bottom ash system, and the combustor water system. The municipal waste combustor boundary 

starts at the municipal solid waste pit or hopper and extends through: 

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 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, including 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 include 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 the term “Title V Permit” shall 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 - All finely divided solid or liquid material, other than uncombined water, 

emitted to the ambient air as measured by an applicable 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 provided, any stationary source or combination of stationary sources, which 

is located on one or more contiguous or adjacent properties and owned or operated 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 refinery 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 produced by the plastics/rubber recycling unit on a calendar 

quarter basis shall be more than 70 percent of the combined 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 rubber 

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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 contaminants (e.g., paper labels on 

plastic bottles, metal rings on plastic bottle caps, etc.). 

 64. PM2.5 – 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. 

 65. PM2.5 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. 

 66. PM10 - 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. PM10 Emissions - Finely divided solid or liquid material with an aerodynamic diameter less than or 

equal to a nominal 10 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. 

 68. Potential to Emit - The maximum capacity of a plant to emit a regulated pollutant under its physical 

and operational design. Any physical or operational limitation 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 federally enforceable. Secondary emissions do not count in 

determining the potential to emit of a plant. 

 69. Process Industry - Any source engaged in the manufacture, processing, handling, treatment, forming, 

storing or any other action upon materials except fuel-burning operations. 

 70. Process Weight - The total weight of all materials 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 thereof, divided by the number of hours of such period or 

portion thereof. 

 b. For cyclical or batch unit operations, or unit processes, the total process weight for a period that covers 

a complete operation or an integral number of cycles, divided by the hours of actual process operation during 

such a period. 

 Where the nature of any process or operation or the design 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 gases, liquids, or solids through the heating of waste, 

and the gases, liquids, or solids produced are combusted and emissions vented to the atmosphere. 

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 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 that combusts waste typical of a retail business rather 

than domestic, commercial, or industrial activities. 

 76. Rubbish - Solid wastes from residences and dwellings, commercial establishments, and institutions. 

 77. Salvage Operations - Any operation of a business, trade, or industry engaged in whole or in part in 

salvaging or reclaiming any product or material including, but not limited to, metals, chemicals, shipping 

containers, drums or automobiles. 

 78. Secondary Emissions - Emissions which would occur 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, quantifiable, 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 which would not otherwise be constructed or increase its 

emissions as a result of the construction or operation 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 treatment 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 airborne 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 arranged 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 and the elevation of the land thereunder. 

 85. Standard Conditions - 760 millimeters of mercury at 25o

 Centigrade. 

 86. Stationary Source - Any building, structure, installation or process which emits or may emit an air 

pollutant subject to regulation by any national or state standard. 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. 

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 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 Federal and State regulations. 

 89. Total reduced sulfur (TRS) - The sum of the sulfur compounds hydrogen sulfide, methyl mercaptan, 

dimethyl sulfide, and dimethyl disulfide, that are released during the kraft pulping operation. 

 90. Total Suspended Particulate (TSP) - Particulate matter as measured by the method described in 

Appendix B, 40 CFR 50, July 1, 1987. 

 91. Trade Waste - All solid, liquid or gaseous material 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-treating 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 purpose due to the presence of impurities or loss of original 

properties, but which may be suitable for further use and may be economically recyclable. This also includes 

absorbent material contaminated with used oil such as oily rags or absorbent 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 - 100o

F (37.8oC) minimum 

 *This specification does not apply to used oil fuel mixed with a hazardous waste. 

 **Used oil containing more than 1000 ppm total halogens 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. 

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 96. Volatile Organic Compound (VOC) - Any organic compound which participates in atmospheric 

photochemical reactions; or which is measured 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; 

(CF3)2CFCF2OC2H5 (2-(ethoxydifluoromethyl)-(1,1,1,2,3,3,3-heptafluoropropane); 

((CF3)2CFCF2OCH3,) (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-C3F7OCH3); 

HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane) or (C4F9OCH3); 

HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane) or (C4F9OC2H5); 

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 (HCOOCH3); 

parachlorobenzotrifluoride (PCBTF); 

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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 unsaturations and with sulfur bonds only to carbon and 

fluorine; 

propylene carbonate; and 

volatile methyl siloxanes (cyclic, branched, or linear completely methylated siloxanes) (VMS). 

 These compounds have been determined to have negligible photochemical reactivity. For purposes of 

determining compliance with emission limits, VOC will 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 requirements 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 handling 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 industrial activities. The mixture contains up to 10% by 

weight of plastic bags, coated paper, laminated paper, treated corrugated cardboard, oily rags and plastic or 

rubber scraps. 

 Typical composition: 10% moisture, 5% incombustible 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 sweepings, 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% incombustible 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. 

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 e. Type 4 - Human and animal remains, consisting of carcasses, organs and solid organic wastes from 

hospitals, laboratories, abattoirs, animal pounds, and similar sources. 

 Typical composition: up to 85% moisture, 5% incombustible 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 values shall be determined by the individual materials to be destroyed. 

 g. Type 6 - Solid by-product waste, such as rubber, 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 waste criteria but has a heat value greater than 5000 

BTU/lb. 

 99. Yard waste - Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs that are 

generated by residential, commercial/retail, institutional, and/or industrial 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 introduction added before subsection (A) as follows: 

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 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) below, any person who plans to construct, alter or add 

to a source of air contaminants, including installation of any device for the control of air contaminant 

discharges, shall first obtain a construction permit 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 requesting to use Federally enforceable construction permit 

conditions to limit potential to emit, sources not subject to regulations with more stringent start of construction 

limitations, or sources not otherwise exempt from permit requirements, may undertake the following on-site 

activities prior to obtaining a construction permit: 

 i. Planning; 

 ii. Engineering and design; 

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 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 including 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 for 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 notification 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 become invalid if construction: 

 a) Is not commenced within 18 months after receipt of such approval, 

 b) Is discontinued for a period 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 justified. 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 and 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 less 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 permits. 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 calculations and any other information 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 listed 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 obtain 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 fugitive emissions must submit source information, 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 

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be limited to the nature and amount of the pollutants, 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 applicable requirements. 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-bycase basis. This determination will take into consideration, 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(C)(3)(c) and (d) shall be revised as follows: 

 c. The facility's Federal Employer Identification 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 Identification 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 for specific stationary source groups with uncontrolled 

potential to emit less than the threshold for major source 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 the 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 the 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 Department reserves the right to require a construction or 

operating 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 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 applicable permit conditions listed in Section II (J) as the 

Department finds appropriate. 

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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, regulation 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 emission 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 Department within thirty (30) days. The written report 

shall include as a minimum, the following: 

 i. The identity of the stack and/or emission 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 control 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 continuous emission monitors shall submit reports as specified in applicable 

parts of the permit, law, regulations, or standards. 

 e. Any owner or operator who constructs or operates a source or modification not in accordance with the 

application submitted pursuant to this regulation or with 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 subject to enforcement action. 

 f. Approval to construct shall become invalid if construction is not commenced within 18 months after 

receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is 

not completed within a reasonable time. The Department may extend the 18-month period upon a satisfactory 

showing that an extension is justified. 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 and approved commencement date. 

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 g. A copy of the Department issued construction and/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 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 Department 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. 

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 construction 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 representative 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 monitoring 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 the 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 continuous air quality monitoring indicates that one of the 

following pollutant concentrations has been reached: 

 PM10 - 350 μg/m3

, 24-hour average; 

 SO2 - 400 μg/m3

 (0.15 p.p.m.), 24-hour average; or 

 O3 (Ozone) - 400 μg/m3

 (0.2 p.p.m.), 1-hour average; 

and meteorological conditions are such that the pollutant 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: 

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 PM10 - 420 μg/m3, 24-hour average; 

 SO2 - 800 μg/m3

 (0.3 p.p.m.), 24-hour average; or 

 O3 (Ozone) - 800 μg/m3

 (0.4 p.p.m.), 1-hour average; 

and meteorological conditions are such that pollutant 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. 

 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 stringent control actions are necessary. An emergency will be 

declared when monitoring indicates that one of the following pollutant concentrations has been reached: 

 PM10 - 500 :μg/m3

, 24-hour average; 

 SO2 - 1600 :μg/m3

 (0.6 p.p.m.), 24-hour average; or 

 O3 (Ozone) - 1000 :μg/m3

 (0.5 p.p.m.), 1-hour average; 

and meteorological conditions are such that 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, Section I(C) shall be revised as follows: 

SECTION I - VISIBLE EMISSIONS

C. Special Provisions 

 The opacity standards set forth above do not apply during 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 natural 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 quality standards for the State of South Carolina. The 

analytical methods to be used will be those applicable Federal Reference Methods published in 40 CFR 50, 

Appendices A-N as revised July 18, 1997. In the case of fluorides either the double paper tape sampler 

methods (ASTM D-3266-79) or the sodium bicarbonate-coated glass tube and particulate filter method 

(ASTM D3268-78) may be used. 

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 Pollutant Measuring Interval Micrograms Per Cubic Meter 

Unless Noted Otherwise (1) (2)

Sulfur Dioxide 3 hours 

 24 hours 

 Annual 

 1300 (4)

 365 (4)

 80 

PM10 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 250

 C and 760 mm Hg. 

(3) Attainment determinations will be made based on the 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 rules 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 shall 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. 

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 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 cotton lint weighing nominally 500 lbs. 

 4. Gin Yard - the land upon which a cotton gin is located and all contiguous land having common ownership 

or use. 

 5. Ginning operation – Any facility or plant that 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 the 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 systems 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 which 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 existing, 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 promulgation 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 registration permit before commencement of construction. 

Existing facilities will be required to apply for a registration 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 operate 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. 

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 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 sides 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 before trucks leave the trash hopper dump area. 

 7. Reasonable precautions should be taken when operating or maintaining storage piles, materials, 

equipment, or vehicles in order to prevent any substance from being scattered by the wind or air in order to 

prevent fugitive dust emissions in accordance with SC Regulation 61-62.6, Section II. 

D. Alternative Control Measures 

 The owner or operator of a cotton ginning operation may 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 measure is at least as effective as the control device or 

method specified in this rule. 

 5. Once approved, repairs and maintenance of such devices will not require notification to the Department. 

E. Monitoring 

 1. To ensure that the minimum required removal efficiency is maintained, the owner or operator shall 

establish, based on manufacturers recommendations or industry standards, an inspection and maintenance 

schedule for the control devices, other emission processing equipment, and monitoring devices that are used 

pursuant to this rule. The inspection and maintenance schedule shall be followed throughout the ginning 

season. The results of the inspections and any maintenance performed on the control equipment, emission 

processing equipment, or monitoring devices shall be documented 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 manometer, 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 measures 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. 

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 3. During the ginning season, the owner or operator shall weekly inspect for structural integrity of the 

control devices and other emissions processing systems and 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 logbook required in (E)(1) of this rule. 

 4. If control devices are repaired or replaced with equivalent control equipment, the facility must maintain 

on-site documentation showing compliance with the conditions 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, Section 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 with 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 deleted 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 performing 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. 

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 (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 location 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 interested persons to appear and submit written or oral 

comments on the air quality impact of the source or modification, 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 shall 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 construction should be approved, approved with conditions, or 

disapproved pursuant to this section. 

 (viii) Notify the applicant in writing of the final determination and make such notification available for 

public inspection at the same location where the Department 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 Participation, 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 exemption 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 modification becomes a major stationary source or major 

modification solely by virtue of a relaxation in any 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 requirements 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 version of this regulation shall remain in effect, unless 

and until it expires or is rescinded. 

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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 emits, 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 paragraphs (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 compounds or oxides of nitrogen in any severe ozone 

nonattainment area. 

 (d) 10 tons per year of volatile organic compounds 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 group license or who hire companies or individuals not 

covered under the facility group license shall satisfy all applicable 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 added 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 verified 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 Department’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 and 

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clarify definitions applicable to air pollution control regulations and standards, streamline permitting options, 

as well as correct problems with the current regulatory strategy applicable to cotton gins. 

The 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: These amendments will take effect 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 Suspended Particle (TSP) and update the 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 required to have continuous emissions monitoring systems 

(CEMs) installed; and clarify the definition for major 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, 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 intent of these amendments is to simplify and correct 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 detrimental 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 political subdivisions. Some cotton gins may incur added 

costs due to the addition of required controls, but these costs 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, streamlining permitting options, and reducing unnecessary 

requirements. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 66
FINAL REGULATIONS 57 

South Carolina State Register Vol. 35, Issue 5 

May 27, 2011 

The 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 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 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 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 AND 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, involving 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 internal 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 stakeholder 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 amendments will provide clarity and specificity to the 

existing regulations, omit obsolete requirements, and provide additional permitting 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 equitable manner in implementing the standards and measures set 

forth in the Omnibus Coastal Property Insurance Reform Act of 2007. 

Revisions to the South Carolina Air Implementation Plan 

General Amendments to R. 61-62 

July 18, 2011 

Notices - Page 67