# Appendix A
Notice of Drafting, Notice of Proposed Regulation, Staff Informational Forum Sign-In Sheet, and Transcript of Staff Informational Forum

### Notice of Drafting: October 28, 2011....................................................................................3

Notice of Proposed Regulation: January 27, 2012.................................................................7

Staff Information Forum Sign-In Sheet .................................................................................13

Transcript of Staff Informa tional Forum: February 27, 2012................................................15

## Notice of Drafting: October 28, 2011DRAFTING NOTICES 11

South Carolina State Register Vol. 35, Issue 10 October 28, 2011 BOARD OF FINANCIAL INSTITUTIONS

CONSUMER FINANCE DIVISION

CHAPTER 15 Statutory Authority: 1976 Code Sections 37-22-110 et seq., particularly Section 37-22-260

Notice of Drafting:

The South Carolina Board of Financial Institutions/C onsumer Finance Division proposes to draft R.15-64 addressing licensing of non-depository Mortgage Lenders/Servicers, Branch Offices and Loan Originators. Interested parties are invited to present their views in writing to Jim Copeland or Gayle Fletcher, Program Managers, South Carolina Board of Financial Institutions/Consumer Fina nce Division, 1205 Pendleton Street, Suite 306, Columbia, SC 29201. To be considered, comments must be received no later than 5 p.m. November 30, 2011, the close of the drafting comment period.

Synopsis:

The “South Carolina Mortgage Lending Act” (Act) was passed into law June 3, 2009 and became effective January 1, 2010 to be in compliance with the federal “Secure and Fair Enforcement for Mortgage Licensing Act of 2008” (SAFE Act). The United St ates Department of Housing and Urban Development (HUD) recently promulgated rules pertaining to the SAFE Act (24 CFR Parts 30 and 3400). This regulation is being promulgated to comply with the HUD rules and to confor m this regulation title and code sections cited to the licensing Act. Further, state-specific items will be clarified, deleted or modified to meet the new statutory language and authority, including license and record-keeping requirements.

The regulation 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 (Department) 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 pers ons are invited to present their views concerning these amendments in writing to Mallori McAllister, Regulation and SIP Management Section, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201, or via electronic mail at mcallimk@dhec.sc.gov. To be considered, comments must be received by November 28, 2011, the close of the drafting comment period.

Synopsis:

The United States Environmental Protection Agency (EPA ) promulgates amendments to 40 CFR Parts 50, 51, 52, 60, 61, and 63 throughout each calendar year. Fede ral amendments in 2010 included revisions to the Prevention of Significant Deterioration program for partic ulate matter 2.5 micrometers in diameter and smaller (PM 2.5 ) to incorporate increments and screening tools, as well as new and revised New Source Performance Standards (NSPS), National Emission Standards for Haza rdous Air Pollutants (NESHAP), NESHAP for Source Categories, and National Ambient Air Quality Standards (NAAQS).

(1) Proposed Amendments of Regulations 61-62.60, New Source Performance Sta ndards; 61-62.61, National Emission Standards for Hazardous Air Pollutants (NESHAP); and 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories:12 DRAFTING NOTICES

South Carolina State Register Vol. 35, Issue 10 October 28, 2011 The Department proposes to amend Regulations 61-62.60, 61-62.61, and 61-62.63, to incorporate by reference the federal amendments published from January 1, 2010, through December 31, 2010.

(2) Proposed Amendments of Regulation 61-62.63, Nati onal Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories:

The Department also proposes to amend Regulation 61-62. 63, to incorporate a 2008 amendment to 40 CFR Part

63 based on a final rule entitled National Emission Standa rds for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities (73 FR 35939; June 25, 2008).

(3) Proposed Amendment of Regulation 61-62.5, St andard 2, Ambient Air Quality Standards:

The Department also proposes to reformat the Ambient Air Quality Standards Table and revise Regulation 61- 62.5, Standard 2, to incorporate the deletion of an annual standard for particulate matter (PM 10 ) that the EPA

revoked in 2006.

(4) Proposed Amendments of Regulation 61-62.5, Standa rd 7, Prevention of Significant Deterioration:

The Department also proposes to amend Regulation, 61- 62.5, Standard 7, to incorporate maximum allowable increases in ambient pollutant concentrations (“increm ents”) required by the rule entitled Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ) – Increments, Significant Impact Levels (SILs) and Significant Mon itoring Concentration (SMC) (75 FR 64864; October 20, 2010). The final rule also adds two EPA screening tools, SILs and the SMC, for PM 2.5 . These tools are not federally mandated and may be in corporated in a future action.

The Department may also propose other changes to Regulation 61-62, Air Pollution Control Regulations and Standards, that may include corrections for internal consistency, clarification, reference, punctuation, codification, formatting, and spelling to improve the overall text of 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 current federal requirements and thus do not require legislative review.

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

CHAPTER 61 Statutory Authority: 1976 Code Section 44-29-40

61-__. South Carolina Immunization Registry

Notice of Drafting:

The Department of Health and Environmental Cont rol proposes to promulgate R.61-xx, South Carolina Immunization Registry, to implement S.C. Code Ann. Section 44-29-40 as amended by 2010 Act No. 210. Interested persons are invited to present their view s in writing to Rodney Saylor, SC DHEC, Immunization Division, Box 101106, Columbia SC 29201. To be considered, comments must be received by 5:00 p.m. on November 28, 2011, the close of the drafting comment period.

Synopsis:

The General Assembly amended Code Section 44-29-40 to create a South Carolina immunization registry into

which immunizations shall be en tered by health care providers.

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## Notice of Proposed Regul ation: January 27, 2012PROPOSED REGULATIONS 41

South Carolina State Register Vol. 36, Issue 1 January 27, 2012 Statement of Rationale:

This regulation is updated in conformance with the current Board of Cosmetology Practice Act.

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. 4280

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

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

61-62. Air Pollution Control Regulations and Standards

Preamble:

The United States Environmental Protection Agency (EPA ) promulgates amendments to 40 CFR Parts 50, 51, 52, 60, 61, and 63 throughout each calendar year. Fe deral amendments in 2010 included revisions to the Prevention of Significant Deterioration program for partic ulate matter 2.5 micrometers in diameter and smaller (PM 2.5 ) to incorporate increments and screening tools, as well as new and revised New Source Performance Standards (NSPS), National Emission Standards for Ha zardous Air Pollutants (NESHAP), and NESHAP for Source Categories.

(1) The Department proposes to amend Regulations 61-62.60, New Source Performance Standards; 61-62.61,

National Emission Standards for Hazardous Air Polluta nts (NESHAP); and 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Sour ce Categories; to incorporate by reference recent federal amendments published from January 1, 2010, through December 31, 2010. (2) The Department also proposes to amend R. 61-62.63, National Emission St andards for Hazardous Air Pollutants (NESHAP) for Source Categories, to incorporate a 2008 amendment to 40 CFR Part 63 based on a final rule entitled National

Emission Standards for Hazardous Air Pollutants for S ource Category: Gasoline Dispensing Facilities (73 FR 35939; June 25, 2008). (3) The Department also propo ses to amend R. 61-62.5, Standard 2, Ambient Air Quality Standards, to reformat the Ambient Air Quality Standards table and revise R. 61-62.5, Standard 2, to incorporate the deletion of an annual standard for particulate matter (PM 10 ) that the EPA revoked in 2006 (71 FR 61144; October 17, 2006). (4) The Department also pr oposes to amend R. 61-62.5, Standard 7, Prevention of Significant Deterioration, to incorporate maximum a llowable increases in ambien t pollutant concentrations (“increments”) required by the rule entitled Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ) – Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 64864; Oct ober 20, 2010). The Department also proposes other changes to R. 61-62, Air Pollution Control Regulations a nd Standards, that include corrections for internal consistency, clarification, reference, punctuation, codification, formatting, and spelling to improve the overall

text of R. 61-62. 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 requi rements and thus do not require legislative review.

A Notice of Drafting was published in the State Regi ster and on the Bureau of Air Quality Regulatory Development website on October 28, 2011 . Notice of the Department’s intent to draft these regulations was also published on the DHEC Regulatory Internet site in its DHEC Regulation Development Update. No

comments were received. Since this amendment is cons istent with federal law, neither a preliminary fiscal impact statement nor a preliminary assessment report is required.42 PROPOSED REGULATIONS

South Carolina State Register Vol. 36, Issue 1 January 27, 2012 Discussion of Proposed Revisions:

SECTION CITATION/EXPLANATION OF CHANGE:

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

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

Table is revised to make the information found therein more consistent with information found on the EPA’s National Ambient Air Quality Standards table which can be found at http://www.epa.gov/air/criteria.html . This reformatting consists of deleting a ll footnotes and adding applicable CFR references in order to minimize confusion. Unit columns are added to ease standard use, comparison, and conversion. Test method references are updated and the annual standard for particulate matter (PM 10 ), which the EPA revoked in 2006, is deleted (71 FR 61144; October 17, 2006).

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

Regulation, 61-62.5, Standard No. 7, Prevention of Si gnificant Deterioration, paragraph (b)(5)(i) and (ii),

“Baseline area”:

The definition of “baseline area” is am ended to incorporate two citation chan ges and to specify pollutants with their respective air quality impact annual averages.

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

PM 2.5

.

Regulation, 61-62.5, Standard No. 7, Prevention of Si gnificant Deterioration, para graph (b)(31)(ii)(a) through (c), “Minor source baseline date”:

The definition of “Minor source baseline date” is am ended to remove the term “particulate matter,” to distinguish between PM 10 and PM 2.5 , and to add item (c) which institut es a major source baseline date for

PM 2.5

.

Regulation, 61-62.5, Standard No. 7, Prevention of Significant Deterioration, paragraph (b)(31)(iii)(a): Amended to incorporate a citation change and to incorporate a reference to “40 CFR 51.166.”

Regulation, 61-62.5, Standard No. 7, Prevention of Si gnificant Deterioration, para graph (c), “Ambient air

increments”: Table is amended to replace “particulate matter” with “PM 10 ,” to remove “PM 10 ” from the center column, and to institute Class I, II, and III allowances for PM 2.5

.

Regulation, 61-62.5, Standard No. 7, Prevention of Significant Deterioration, paragraph (p)(5), “Class I

variances”: Amended to replace the text “and particulate matter” with “PM 2.5 , PM 10 ” and a succeeding comma. The table is amended to replace the phrase “Particulate matter” with “PM 10 ,” to remove “PM 10 ” from the center column,

and to make allowances for PM 2.5

.

Regulation, 61-62.60, South Carolina Designated Fa cility Plan and New Source Performance Standards (NSPS)

Regulation, 61-62.60, South Carolina Designated F acility Plan and New Source Performance Standards (NSPS): Tables in Subparts A and F are amended to incorporate revisions by reference.PROPOSED REGULATIONS 43

South Carolina State Register Vol. 36, Issue 1 January 27, 2012 Regulation, 61-62.60, South Carolina Designated F acility Plan and New Source Performance Standards (NSPS), Subpart F: In the introductory paragraph, a comma is added after the phrase “subpart F.”

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

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

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

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

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

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

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

Notice of Staff Informational Fo rum and Public Comment Period:

Staff of the South Carolina Department of Health and Environmental Contro l invites interested members of the public to attend a staff-conducted informa tional forum to be held on February 27, 2012, at 10:00 a.m. in the Wallace Room (3141) at the South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC. The purpose of the forum is to answer questions, clarify any issues, and receive comments from interested persons on the proposed amendments to R. 61-62, Air Pollution Control Regulations and Standards, and the SIP. Please use the Bull Street entrance.

Interested persons are also provide d an opportunity to submit written co mments to Mallori McAllister by mail at Bureau of Air Quality, South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC 29201; by facsimile at (803) 898-0167; or by e-mail at mcallimk@dhec.sc.gov . To be considered, comments must be received no later than 5:00 p.m. on February 27, 2012, the close of the comment period. Comments received at the forum or during the write-in public comment period by the deadline requested above shall be submitted to the Boar d 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 a nd comment may be obtained by contacting Mallori McAllister at the South Carolina Department of Health and Environmental Control, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201; by calling (803) 898-0167; or by emailing mcallimk@dhec.sc.gov . A44 PROPOSED REGULATIONS

South Carolina State Register Vol. 36, Issue 1 January 27, 2012 copy may also be obtained on the Department’s Regulatory Information Internet Site at http://www.scdhec.gov/administration/regs/ in its DHEC Regulation Devel opment Update. To access this document, click on the Air category, then scan down for this proposed amendment.

Notice of Public Hearing and Opportunity for Public Comment:

Interested members of the public and regulated community are invited to comment on the proposed amendments to R. 61-62, Air Pollution Control Regulati ons and Standards, and the SIP at a public hearing to be conducted by the Board of the South Carolina Depart ment of Health and Environmental Control at its regularly-scheduled meeting on April 12, 2012. The public hearing is to be held in room 3420 (Board Room) of the Commissioner’s Suite, third floor, Aycock Buildi ng of the South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC. The Board meeting co mmences at 10:00 a.m. at which time the Board will consider items on its agenda in the order presented. The order of presentation for public hearings will be noted in the Board’s agenda to be published by the Department twenty-four hours in advance of the meeting at the following address: http://www.scdhec.gov/administration/board-agenda.htm

. Persons desiring to make oral comments at the hearing are asked to limit their statements to five minutes or less, and as a courtesy, are asked to provide written copies of their presentation to the Clerk of the Board for

inclusion for the record.

Statement of Need and Reasonableness:

This Statement of Need and Reasonableness was determined by staff analysis pursuant to S.C. Code Section 1- 23-115(C)(1)-(3) and (9)-(11).

DESCRIPTION OF REGULATION:

Purpose: (1) The Department proposes to amend Regulations 61-62.60, New Source Performance Standards (NSPS); 61-62.61, National Emission Standards for Hazardous Air Pollutants (NESHAP); and 61-62.63,

National Emission Standards for Hazardous Air Pollutan ts (NESHAP) for Source Categories; to incorporate by reference recent federal amendments published from January 1, 2010, through D ecember 31, 2010. (2) The Department also proposes to amend Regulations 61- 62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories, to incor porate a 2008 rule entitled National Emission Standards for Hazardous Air Pollutants for Source Category: G asoline Dispensing Facilities (73 FR 35939; June 25, 2008). (3) The Department also proposes to amend R. 61-62 .5, Standard 2, Ambient Air Quality Standards, to reformat the Ambient Air Quality Standards table and revise R. 61-62.5, Standard 2, to delete an annual standard for particulate matter 10 micrometers in diameter or smaller (PM 10 ) that the EPA revoked in 2006 (71 FR 61144; October 17, 2006). (4) The Department also pr oposes to amend R. 61-62.5, Standard 7, Prevention of Significant Deterioration, to incorporate maximum a llowable increases in ambien t pollutant concentrations (“increments”) required by the rule entitled Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ) – Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 64864; Oct ober 20, 2010). The Department also proposes other changes to R. 61-62, Air Pollution Control Regulations a nd Standards, which include corrections for internal consistency, clarification, reference, punctuation, codification, formatting, and spelling to improve the overall

text of R. 61-62.

Legal Authority: The legal authority for R. 61-62, Air Pollution Control Regulations and Standards, is S.C. Code Section 48-1-10 et seq.

Plan for Implementation: The proposed amendments will take effect upon approval by the Board of Health and Environmental Control and publication in the State Regi ster. These requirements are in place at the federal level and are currently being implemented. The proposed amendments will be implemented in South CarolinaPROPOSED REGULATIONS 45

South Carolina State Register Vol. 36, Issue 1 January 27, 2012 by providing the regulated community with copies of the regulation, publishing associated information on our

website at http://www.scdhec.gov/administration/regs/ , sending an email to stak eholders, and communicating with affected facilities during the permitting process.

DETERMINATION OF NEED AND REASONABLENESS OF THE PROPOSED REGULATION BASED

ON ALL FACTORS HEREIN AND EXPECTED BENEFITS:

The EPA promulgates amendments to 40 CFR Parts 50, 51, 52, 60, 61, and 63 throughout each calendar year.

Federal amendments in 2010 included revisions to the Prevention of Significant Deterioration program for

PM 2.5 to incorporate increments and screening tools, as well as new and revised NSPS rules, NESHAPs, and NESHAPs for Source Categories. States are mandated by law to adopt these Federal amendments. These amendments are reasonable as they promote consistenc y and ensure compliance with both state and federal regulations.

DETERMINATION OF COSTS AND BENEFITS:

There will be no increased cost to the State or its po litical subdivisions resulting from this proposed revision. The standards to be adopted are already effective and applicable to the regulated community as a matter of federal law, thus the regulated community has alread y incurred the cost of these regulations. The proposed amendments will benefit the regulated community by cl arifying the regulations and increasing their ease of

use.

UNCERTAINTIES OF ESTIMATES:

There are no uncertainties of estimates relative to the costs to the State or its political subdivisions.

EFFECT ON ENVIRONMENT AND PUBLIC HEALTH:

Adoption of the recent changes in federal regulations through the proposed amendments to R. 61-62, Air Pollution Control Regulations and Standards, and the SIP will provide continued protection of the environment and public health.

DETRIMENTAL EFFECT ON THE ENVIRONMENT A ND PUBLIC HEALTH IF THE REGULATIONS

ARE NOT IMPLEMENTED:

The State’s authority to implement federal requirement s, which are beneficial to the public health and environment, would be compromised if these ame ndments were not adopted in South Carolina.

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.

## Staff Informational Forum Sign-In Sheet

## Transcript of Staff Informa tional Forum: February 27, 2012