Appendix A 

Notice of Drafting, Notice of Proposed Regulation, 

Staff Informational Forum Sign-In Sheet, and 

Transcript of Staff Informational Forum 

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May 01, 2012

Appendix A - Page 1
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 Informational Forum: February 27, 2012................................................15 

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Notice of Drafting: October 28, 2011 

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DRAFTING 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/Consumer 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 Finance 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 States 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 conform 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 persons 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. Federal amendments in 2010 included revisions to the 

Prevention of Significant Deterioration program for particulate matter 2.5 micrometers in diameter and smaller 

(PM2.5) to incorporate increments and screening tools, as well as new and revised New Source Performance 

Standards (NSPS), National Emission Standards for Hazardous 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 Standards; 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: 

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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, National 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 Standards for Hazardous Air Pollutants for Source Category: 

Gasoline Dispensing Facilities (73 FR 35939; June 25, 2008). 

(3) Proposed Amendment of Regulation 61-62.5, Standard 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 (PM10) that the EPA 

revoked in 2006. 

(4) Proposed Amendments of Regulation 61-62.5, Standard 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 (“increments”) required by the rule entitled Prevention of 

Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5) – Increments, 

Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 64864; October 20, 

2010). The final rule also adds two EPA screening tools, SILs and the SMC, for PM2.5. These tools are not 

federally mandated and may be incorporated 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 Control 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 views 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 entered by health care providers. 

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Notice of Proposed Regulation: January 27, 2012 

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PROPOSED 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. Federal amendments in 2010 included revisions to the 

Prevention of Significant Deterioration program for particulate matter 2.5 micrometers in diameter and smaller 

(PM2.5) to incorporate increments and screening tools, as well as new and revised New Source Performance 

Standards (NSPS), National Emission Standards for Hazardous 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 Pollutants (NESHAP); and 61-62.63, National Emission 

Standards for Hazardous Air Pollutants (NESHAP) for Source 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 Standards for Hazardous Air Pollutants (NESHAP) for 

Source Categories, to incorporate a 2008 amendment to 40 CFR Part 63 based on a final rule entitled National 

Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline 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 

incorporate the deletion of an annual standard for particulate matter (PM10) that the EPA revoked in 2006 (71 

FR 61144; October 17, 2006). (4) The Department also proposes to amend R. 61-62.5, Standard 7, Prevention 

of Significant Deterioration, to incorporate maximum allowable increases in ambient pollutant concentrations 

(“increments”) required by the rule entitled Prevention of Significant Deterioration (PSD) for Particulate 

Matter Less Than 2.5 Micrometers (PM2.5) – Increments, Significant Impact Levels (SILs) and Significant 

Monitoring Concentration (SMC) (75 FR 64864; October 20, 2010). The Department also proposes other 

changes to R. 61-62, Air Pollution Control Regulations and Standards, 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 requirements and thus do not require legislative review. 

A Notice of Drafting was published in the State Register 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 consistent with federal law, neither a preliminary fiscal 

impact statement nor a preliminary assessment report is required. 

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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 all 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 (PM10), 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 Significant Deterioration, paragraph (b)(5)(i) and (ii), 

“Baseline area”: 

The definition of “baseline area” is amended to incorporate two citation changes and to specify pollutants with 

their respective air quality impact annual averages. 

Regulation, 61-62.5, Standard No. 7, Prevention of Significant Deterioration, paragraph (b)(31)(i)(a) through 

(c), “Major source baseline date”: 

The definition of “Major source baseline date” is amended to remove the term “particulate matter,” to 

distinguish between PM10 and PM2.5, and to add item (c) which institutes a major source baseline date for 

PM2.5. 

Regulation, 61-62.5, Standard No. 7, Prevention of Significant Deterioration, paragraph (b)(31)(ii)(a) through 

(c), “Minor source baseline date”: 

The definition of “Minor source baseline date” is amended to remove the term “particulate matter,” to 

distinguish between PM10 and PM2.5, and to add item (c) which institutes a major source baseline date for 

PM2.5. 

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 Significant Deterioration, paragraph (c), “Ambient air 

increments”: 

Table is amended to replace “particulate matter” with “PM10,” to remove “PM10” from the center column, and 

to institute Class I, II, and III allowances for PM2.5. 

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 “PM2.5, PM10” and a succeeding comma. The table 

is amended to replace the phrase “Particulate matter” with “PM10,” to remove “PM10” from the center column, 

and to make allowances for PM2.5. 

Regulation, 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards 

(NSPS) 

Regulation, 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards 

(NSPS): 

Tables in Subparts A and F are amended to incorporate revisions by reference. 

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Regulation, 61-62.60, South Carolina Designated Facility 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 Standards for Hazardous Air Pollutants (NESHAP) 

Regulation, 61-62.61, National Emission Standards 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 CCCCCCC 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 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 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 provided an opportunity to submit written comments 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 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 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. A 

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44 PROPOSED REGULATIONS 

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copy may also be obtained on the Department’s Regulatory Information Internet Site at 

http://www.scdhec.gov/administration/regs/ in its DHEC Regulation Development Update. To access this 

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

Notice of Public Hearing and Opportunity for Public Comment: 

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

amendments to R. 61-62, Air Pollution Control Regulations and Standards, and the SIP at a public hearing to 

be conducted by the Board of the South Carolina Department of Health and Environmental Control at its 

regularly-scheduled meeting on April 12, 2012. 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 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 Pollutants (NESHAP) for Source Categories; to incorporate 

by reference recent federal amendments published from January 1, 2010, through December 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 incorporate a 2008 rule entitled National Emission Standards 

for Hazardous Air Pollutants for Source Category: Gasoline 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 (PM10) that the EPA revoked in 2006 (71 

FR 61144; October 17, 2006). (4) The Department also proposes to amend R. 61-62.5, Standard 7, Prevention 

of Significant Deterioration, to incorporate maximum allowable increases in ambient pollutant concentrations 

(“increments”) required by the rule entitled Prevention of Significant Deterioration (PSD) for Particulate 

Matter Less Than 2.5 Micrometers (PM2.5) – Increments, Significant Impact Levels (SILs) and Significant 

Monitoring Concentration (SMC) (75 FR 64864; October 20, 2010). The Department also proposes other 

changes to R. 61-62, Air Pollution Control Regulations and Standards, which include corrections for internal 

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 Register. These requirements are in place at the federal 

level and are currently being implemented. The proposed amendments will be implemented in South Carolina 

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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 stakeholders, 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 

PM2.5 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 consistency 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 political 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 already incurred the cost of these regulations. The proposed 

amendments will benefit the regulated community by clarifying the regulations and increasing their ease of 

use. 

UNCERTAINTIES OF ESTIMATES: 

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

EFFECT ON ENVIRONMENT AND PUBLIC HEALTH: 

Adoption of the recent changes in federal regulations through the proposed amendments to R. 61-62, Air 

Pollution Control Regulations and Standards, and the SIP will provide continued protection of the environment 

and public health. 

DETRIMENTAL EFFECT ON THE ENVIRONMENT AND PUBLIC HEALTH IF THE REGULATIONS 

ARE NOT IMPLEMENTED: 

The State’s authority to implement federal requirements, which are beneficial to the public health and 

environment, would be compromised if these amendments were not adopted in South Carolina. 

Text:

The full text of this regulation is available on the South Carolina General Assembly Home Page: 

http://www.scstatehouse.gov/regnsrch.htm. Full text may also be obtained from the promulgating agency. 

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Staff Informational Forum Sign-In Sheet 

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Transcript of Staff Informational Forum: February 27, 2012 

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