Appendix B 

Notice of Final Regulation & Transcript of 

Board Public Hearing
Transcript of Board Public Hearing: October 10, 2008.......................................................2 

Notice of Final Regulation: October 24, 2008...................................................................12 

Appendix B - 1
STATE OF SOUTH CAROLINA ) BEFORE THE SOUTH CAROLINA 

BOARD OF HEALTH AND 

COUNTY OF RICHLAND ) ENVIRONMENTAL CONTROL 

PUBLIC HEARING & REQUEST FOR ) 

FINAL APPROVAL 

PROPOSED AMENDMENT OF 

REGULATION 61-62 

AIR POLLUTION CONTROL 

REGULATIONS AND STANDARDS 

STATE REGISTER DOCUMENT ) TRANSCRIPT OF 

NUMBER 3224 ) PROCEEDINGS 

Proceedings held before the South Carolina 

Board of Health and Environmental Control at the Board 

Room, Aycock Building, 2600 Bull Street, Columbia, South 

Carolina, on October 9, 2008 commencing at 10:15 o'clock, 

A.M. and ending at 10:19 o'clock, A.M., in the aboveentitled matter. 

FAYE A. GRAINGER, d/b/a 

GRAINGER REPORTING SERVICE 

Post Office Box 532 

Im, Swth Carolina 29063 

(803) 798-2679 Fd (803) 772-1108 

APPEARANCES: 

Appendix B - 2
SCDHEC Board, 10/09/08 AIR POLLUTION CONTROL 

APPEARANCES: 

BOARD MEMBERS: 

Hank Scott 

Glenn McCall 

Paul Aughtry, Chairperson 

Coleman Buckhouse, MD 

David Mitchell, MD 

David Mitchell 

Earl Hunter, Commissioner 

Elizabeth Potter, Esquire 

Office of DHEC General Counsel 

Attorney for Board 

Lisa Longshore, Clerk of Board 

Robert Brown 

Staff Presentation 

Janice B. Dunkin 

Court Reporter 

Grainger Reporting Service 

(803) 798-2679 

Appendix B - 3
SCDHEC Board. 10/09/08 AIR POLLUTION CONTROL 3 

INDEX 

PAGE 

SPEAKERS : 

Robert Brown ....................................... 5 

Certificate of court reporter ...................... 10 

Grainger Reporting Service 

(803) 798-2679 

Appendix B - 4
SCDHEC Board, 10/09/08 AIR POLLUTION CONTROL 4 

MR. AUGHTRY: We will now have public 

Hearings pursuant to Code Section 1-23- 

111. Notice of these Hearings was 

published in the State Register. The 

following procedure will be used for each 

hearing: A member of the DHEC staff will 

describe the proposal. At the conclusion 

of that presentation, any member of the 

public may comment. I will first call on 

those who have signed up to speak. At the 

conclusion of their comments, there will 

be an opportunity for any other member of 

the public to speak as well. Please limit 

your comments to five minutes, and if 

several members of a group are present, 

please appoint a spokesman for the group. 

Please limit your comments to material, 

which is relevant and is not a repetitive 

statement which has already been made. 

These hearings are being recorded by a 

court reporter. If you have a written 

statement, please provide a copy to the 

reporter. Item Number Four is Proposed 

Amendment for Regulation 61-62 Air 

Pollution and Control. The Staff will be 

Grainger Reporting Service 

(803) 798-2679 

Appendix B - 5
SCDHEC Board, 10/09/08 AIR POLLUTION CONTROL 5 

represented by Robert Brown. Mr. Brown, 

good morning, sir. 

MR. BROWN: Good morning, Mr. 

Chairman, Members of the Board, 

Commissioner Hunter. My name is Robert 

Brown. I'm with the Bureau of Air 

Quality, and this is a request for a 

public Hearing of finding and needing 

reasonableness to amend Regulation 61-62, 

the Air Pollution Control Regulations and 

Standards and the State Implementation 

Plan, otherwise known as the SIP. The 

following proposed Amendments to the South 

Carolina Air Pollution Control Regulations 

and Standards are necessary to ensure 

compliance and maintain conformity with 

Federal Requirements and Standards. We 

are proposing to amend Regulation 61- 

62.60, 62.61, 62.63, 62.70, 62.72, and 

62.96. These are all to incorporate 

Amendments by the EPA that were 

promulgated during the period of January, 

'07 through December of '07. There is one 

that we're bringing forward from '06. The 

Court of Appeals in DC mandated a partial 

Grainger Reporting Service 

(803) 798-2679 

Appendix B - 6
SCDHEC Board, 10/09/08 AIR POLLUTION CONTROL 6 

vacator of Subpart of 4 (d) in * 07, and we 

are going back now to add that '06 

Amendment, because the Subpart has been 

since promulgated, and now we are going to 

bring those up-to-date. We are also going 

to update our portion of our Care 

Provisions, the Clean Air Implementation 

Rule. The Care Rule was vacated by the 

Court of Appeals on July of this year, but 

the future of this Rule is unsure, because 

the mandate hasn't been issued yet, and it 

is still under appeal, but we need our 

Regulations in compliance with the Federal 

Care in case the Rule is maintained, or if 

there are some changes made. We are also 

proposing to amend the definition of 

organic compound in Regulation 61-62, and 

we are also going to adopt a Federal 

change in the National Ambient Air Quality 

Standard for the twenty-four hour primary 

standard for fine particulate matter or 

PN2.5. On June the 12th, 2008, the Board 

gave initial approval to Public Notice 

these proposed Amendments, and on July 

28th of this year, we held a Staff 

Grainger Reporting Service 

(803) 798-2679 

Appendix B - 7
SCDHEC Board, 10/09/08 AIR POLLUTION CONTROL 7 

Planning Informational Forum. One member 

of the regulated community was present, 

and his comments were primarily aimed at 

clarifying the need for these provisions. 

So, no changes have been made. These 

proposed Amendments will not be more 

stringent than Federal Regulations, and 

Legislative Review is not required, and 

we, therefore, recommend that based on the 

Public Hearing and the attached 

information that the Board finds for the 

need and reasonableness of the proposed 

revisions. 

MR. AUGHTRY: Thank you, Mr. Brown. 

Any questions of the Board for Mr. Brown? 

DR. MITCHELL: Mr. Brown, you 

mentioned a Court case where one of the 

Regulations was overturned, and we wanted 

to put it in our Regulations. Was that 

- - - 

MR. BROWN: Yes, sir. 

DR. MITCHELL: Is that going to cause 

any confusion? Should we just leave it 

out, or is it --- 

MR. BROWN: Well, they gave us 

Grainger Reporting Service 

(803) 798-2679 

Appendix B - 8
SCDHEC Board, 10/09/08 AIR POLLUTION CONTROL 8 

partial approval of our Care Regulations, 

and then ten days later they amended their 

own Regulations. So, we are just bringing 

ours up to speed. The Court has issued 

the vacation of that Rule, but the mandate 

hasn7t been issued yet, and EPA, and other 

parties, have requested additional time to 

review the decision, and are going to 

appeal that decision, either ask for an 

unblocked review or move it latter to the 

Supreme Court. So, we need to keep our 

Regulations up-to-date in case they do go 

into place, because some of these 

requirements are going to have to be 

implemented in the next year, in 2009. 

DR. MITCHELL: So, it won't cause any 

confusion? 

MR. BROWN: No, sir. There's 

confusion out there, but I don't think 

this will do it. We're just going to keep 

our regulations current with what is on 

the books with the EPA. 

DR. MITCHELL: Okay. 

MR. AUGHTRY: Does that clarify 

things for you. Thank you, Mr. Brown. 

Grainger Reporting Service 

(803) 798-2679 

Appendix B - 9
SCDHEC Board, 10/09/08 AIR POLLUTION CONTROL 9 

Anybody on the sign-up sheet? 

MS. LONGSHORE: Nobody signed up. 

MR. AUGHTRY: Does anyone from the 

public want to speak that has not signed 

up? Okay. Is there a Motion from the 

Board that we accept the recommendation of 

Staff? 

MR. MCCALL: Mr. Chairman, I move 

that we accept the recommendation of the 

Staff to publish this information in the 

State Register. 

MR. AUGHTRY: We have a Motion. Is 

there a second? 

DR. BUCKHOUSE: Second. 

(Whereupon, a vote was taken by the 

Board and the Motion was carried) 

(Whereupon, the Hearing was concluded 

at 10:19 o'clock a.m.) 

Grainger Reporting Service 

(803) 798-2679 

Appendix B - 10
CERTIFICATE 

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 proceedings; that the said notes were 

reduced to typewritten form by me; and that the 

foregoing pages constitute a true, accurate and 

complete transcript, to the best of my skill and 

ability. 

Witness my hand and seal at York, South 

Carolina, this day of flb~f?* ~PR I 

for South Carollna 1 

y Commission Expires: 9/7/2014 

Appendix B - 11
FINAL REGULATIONS 67 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

Document No. 3224 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

CHAPTER 61 

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

61-62. Air Pollution Control Regulations and Standards 

Synopsis: 

The Department has amended R.61-62, Air Pollution Control Regulations and Standards, to adopt U.S. 

Environmental Protection Agency (EPA) federally mandated regulations pursuant to 40 CFR Parts 60, 61, 63, 

70, 72, and 96. The federal amendments include clarification, guidance and technical amendments regarding 

Standards of Performance for New Stationary Sources, National Emission Standards For Hazardous Air 

Pollutants, and National Emission Standards for Hazardous Air Pollutants For Source Categories. 

These amendments revise R. 61-62.60, South Carolina Designated Facility Plan and New Source Performance 

Standards (NSPS); R. 61-62.61, National Emission Standards for Hazardous Air Pollutants (NESHAP); R.61-

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

62.70, Title V Operating Permit Program, R. 61-62.72, Acid Rain, and R. 61-62.96, Nitrogen Oxides (NOX) 

and Sulfur Dioxide (SO2) Budget Trading Program General Provisions, to incorporate recent Federal 

amendments promulgated during the period from January 1, 2007, through December 31, 2007. R. 61-62.1, 

Definitions and General Requirements, was also revised to incorporate amendments to the definition of 

Volatile Organic Compounds (VOCs) promulgated by the EPA on January 18, 2007. R. 61-62.5, Standard No. 

2, Ambient Air Quality Standards, was revised to adopt the Federal change in the National Ambient Air 

Quality Standard (NAAQS) for the 24-hour primary standard for fine particulate matter (PM2.5). Corrections 

were made to Standard No. 5 - Volatile Organic Compounds, and citation corrections were made to R. 61-

62.5, Standard No. 3, Waste Combustion and Reduction, R. 61-62.5, Standard No. 3.1, 

Hospital/Medical/Infectious Waste Incinerators (HMIWI), and R. 61-62.70, Title V Operating Permit 

Program. Revisions also include typographical corrections and clarifications. 

Discussion of Revisions: 

SECTION CITATION/EXPLANATION OF CHANGE: 

R. 61-62.1, Section I.94 

Add “HFE-7300” to the definition of Volatile Organic Compounds. 

R. 61-62.5, Std. No. 2 

Amend Table to reflect changes in PM2.5 24-hour standard. 

R. 61-62.5, Std. No. 3, Section VI.D.3 

Change regulation citation. 

R. 61-62.5, Std. No. 3.1, Section VIII(k) 

Change regulation citation. 

R. 61-62.5, Std. No. 5, Section II.Part Q.2.a.(i)(a)(b) 

Correct previous omissions. 

R. 61-62.60 

Tables in Subparts A, B, D, Da, Db, Dc, BB, VV, and GGG are amended to incorporate revisions. 

Appendix B - 12
68 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

R. 61-62.60 

Subparts VVa and GGGa are added. 

R. 61-62.61 

Table in Subpart A is amended to incorporate revisions. 

R.61-62.63 

Tables in subparts A, E, T, HH, II, YY, DDDD, IIII and PPPP are amended to incorporate revisions. 

R. 61-62.63.40(f)(2), (f)(3), (f)(4) and (f)(5) 

Change regulation citation in Subpart B.

 

R. 61-62.63.41(n), (o), (p), (q), (r), and (s) 

Add the definition of “organic HAP” and re-order corresponding sections in Subpart B. 

R. 61-62.63 

Subparts UUUUU, VVVVV, WWWWW, XXXXX, YYYYY, ZZZZZ, AAAAAA, BBBBBB, CCCCCC, 

DDDDDD, EEEEEE, FFFFFF, GGGGGG, HHHHHH, IIIIII, JJJJJJ, KKKKKK, LLLLLL, MMMMMM, 

NNNNNN, OOOOOO, PPPPPP, QQQQQQ, RRRRRR, SSSSSS, and TTTTTT are added. 

R. 61-62.70.2(r)(2)(xx) 

Revise the definition of “chemical process plants.” 

R. 61-62.70.7(d)(3)(iii) 

Change regulation citation. 

R. 61-62.72 

Table in Subpart B is amended to incorporate revisions. 

R. 61-62.96 

Tables in Subparts AA, AAA, AAAA are amended to incorporate revisions. 

R. 61-62.96.153(c) 

Add text to clarify the process of recording CAIR NOX allocations in Subpart FF. 

R. 61-62.96.302 

Add the definition of “Commence commercial operation” and correct/clarify the definitions of “Commence 

operation” (a), and “Fossil-fuel-fired” (b)(1) in Subpart AAAA. 

R. 61-62.96.342(e)(2) 

Add “s” in text in Subpart EEEE. 

R. 61-62.96.353(c) 

Add text to clarify the process of recording CAIR NOX allocations in Subpart FFFF. 

Instructions:

Amend Regulation 61-62, Air Pollution Control Regulations and Standards, pursuant to each individual 

instruction provided below with the text of the amendments. 

Appendix B - 13
FINAL REGULATIONS 69 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

Text: 

R.61-62.1, Definitions and General Requirements: 

Regulation 61-62.1, Section I.94 shall be revised as follows: 

94. 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); 

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; 

Appendix B - 14
70 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

methyl acetate; 

methyl chloroform (1,1,1-trichloroethane); 

methylene chloride (dichloromethane); 

methyl formate (HCOOCH3); 

parachlorobenzotrifluoride (PCBTF); 

perchloroethylene (tetrachloroethylene); and 

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. 

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). 

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

Regulation 61-62.5, Standard No. 2, Section VI.D.3 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. 

 Pollutant Measuring Interval Micrograms Per Cubic Meter 

Unless Noted Otherwise (1) (2) 

Sulfur Dioxide 3 hours 

 24 hours 

 annual 

 1300 (4) 

 365 (4) 

 80 

Total Suspended Particulates Annual Geometric Mean 75 

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 

 10 mg per cubic meter 

Appendix B - 15
FINAL REGULATIONS 71 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

 Pollutant Measuring Interval Micrograms Per Cubic Meter 

Unless Noted Otherwise (1) (2) 

Ozone 1 hour 0.12 ppm (3) 

Ozone 8 hours 0.08 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 Calendar Quarterly Mean 1.5 

 (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. 

R.61-62.5, Standard No. 3 - Waste Combustion and Reduction: 

Regulation 61-62.5, Standard No. 3, Section VI.D.3 shall be revised as follows: 

SECTION VI - Continuous Monitoring Requirements 

D. ... 

 3. For those sources not required to have a continuous emission monitor for the specified 

pollutant, a detailed report shall be submitted to the Department within 30 days following any exceedance of 

limits specified in the sources permit and/or this Standard unless otherwise approved in a Department 

approved malfunction plan. The report shall include at a minimum all of the elements listed in R.61-62.1 

Section II. J.1.c. 

R.61-62.5, Standard No. 3.1 - Hospital/Medical/Infectious Waste Incinerators (HMIWI): 

Regulation 61-62.5, Standard 3.1, Section VIII(k) shall be revised as follows: 

SECTION VIII. - Recordkeeping and Reporting Requirements 

(k) The owner or operator of an affected facility shall ensure the appropriate District Environmental 

Quality Control Office is notified by telephone immediately following any failure of process equipment, 

failure of any air pollution control equipment, failure of any monitoring equipment, or a process operational 

error which results in an increase in emissions above any allowable emission rate. In addition, the owner or 

operator of an affected facility shall ensure that the Department is notified in writing of the problem and 

measures taken to correct the problem as expeditiously as possible in accordance with South Carolina Air 

Pollution Control Regulation 61-62.1, Section II. J.1.c. 

R.61-62.5, Standard No. 5 - Volatile Organic Compounds:

Regulation 61-62.5, Standard No. 5, Section II.Part Q.2.a.(i)(a)(b) shall be revised as follows: 

Appendix B - 16
72 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

Part Q. Manufacture of Synthesized Pharmaceutical Products 

2. ... 

 a. ... 

 (i) If surface condensers are used, the condenser outlet gas temperature must not exceed: 

 (a) minus (-)25° C when condensing VOC of vapor pressure greater than 40.0 k Pa 

(5.8 psi) measured at 20° C, 

 (b) minus (-)15° C when condensing VOC of vapor pressure greater than 20.0 k Pa 

(2.9 psi) measured at 20° C, ... 

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

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

Subpart A - “General Provisions” 

 The provisions of Title 40 CFR Part 60, subpart A, as originally published in the Federal Register and 

as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 60 subpart A 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 36 December 23, 1971 [36 FR 24877] 

Revision Vol. 38 October 15, 1973 [38 FR 28565] 

Revision Vol. 39 March 8, 1974 [39 FR 9314] 

Revision Vol. 39 November 12, 1974 [39 FR 39873] 

Revision Vol. 40 April 25, 1975 [40 FR 18169] 

Revision Vol. 40 October 6, 1975 [40 FR 46254] 

Revision Vol. 40 November 17, 1975 [40 FR 53346] 

Revision Vol. 40 December 16, 1975 [40 FR 58418] 

Revision Vol. 40 December 22, 1975 [40 FR 59205] 

Revision Vol. 41 August 20, 1976 [41 FR 35185] 

Revision Vol. 42 July 19, 1977 [42 FR 37000] 

Revision Vol. 42 July 27, 1977 [42 FR 38178] 

Revision Vol. 42 November 1, 1977 [42 FR 57126] 

Revision Vol. 43 March 3, 1978 [43 FR 8800] 

Revision Vol. 43 August 3, 1978 [43 FR 34347] 

Revision Vol. 44 June 11, 1979 [44 FR 33612] 

Revision Vol. 44 September 25, 1979 [44 FR 55173] 

Revision Vol. 45 January 23, 1980 [45 FR 5617] 

Revision Vol. 45 April 4, 1980 [45 FR 23379] 

Revision Vol. 45 December 24, 1980 [45 FR 85415] 

Revision Vol. 47 January 8, 1982 [47 FR 951] 

Revision Vol. 47 July 23, 1982 [47 FR 31876] 

Revision Vol. 48 March 30, 1983 [48 FR 13326] 

Revision Vol. 48 May 25, 1983 [48 FR 23610] 

Revision Vol. 48 July 20, 1983 [48 FR 32986] 

Appendix B - 17
FINAL REGULATIONS 73 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 60 subpart A 

Federal Register Citation Volume Date Notice 

Revision Vol. 48 October 18, 1983 [48 FR 48335] 

Revision Vol. 50 December 27, 1985 [50 FR 53113] 

Revision Vol. 51 January 15, 1986 [51 FR 1790] 

Revision Vol. 51 January 21, 1986 [51 FR 2701] 

Revision Vol. 51 November 25, 1986 [51 FR 42796] 

Revision Vol. 52 March 26, 1987 [52 FR 9781, 9782] 

Revision Vol. 52 April 8, 1987 [52 FR 11428] 

Revision Vol. 52 May 11, 1987 [52 FR 17555] 

Revision Vol. 52 June 4, 1987 [52 FR 21007] 

Revision Vol. 54 February 14, 1989 [54 FR 6662] 

Revision Vol. 54 May 17, 1989 [54 FR 21344] 

Revision Vol. 55 December 13, 1990 [55 FR 51382] 

Revision Vol. 57 July 21, 1992 [57 FR 32338, 32339] 

Revision Vol. 59 March 16, 1994 [59 FR 12427, 12428] 

Revision Vol. 59 September 15, 1994 [59 FR 47265] 

Revision Vol. 61 March 12, 1996 [61 FR 9919] 

Revision Vol. 62 February 24, 1997 [62 FR 8328] 

Revision Vol. 62 September 15, 1997 [62 FR 48348] 

Revision Vol. 63 May 4, 1998 [63 FR 24444] 

Revision Vol. 64 February 12, 1999 [64 FR 7463] 

Revision Vol. 65 August 10, 2000 [65 FR 48914] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 65 December 6, 2000 [65 FR 76350, 76378] 

Revision Vol. 65 December 14, 2000 [65 FR 78268] 

Revision Vol. 66 February 6, 2001 [66 FR 9034] 

Revision Vol. 67 June 28, 2002 [67 FR 43550] 

Revision Vol. 68 April 14, 2003 [68 FR 17990] 

Revision Vol. 68 May 28, 2003 [68 FR 31611] 

Revision Vol. 69 July 8, 2004 [69 FR 41346] 

Revision Vol. 70 May 18, 2005 [70 FR 28606] 

Revision Vol. 70 December 16, 2005 [70 FR 74870] 

Revision Vol. 71 June 1, 2006 [71 FR 31100] 

Revision Vol. 71 July 6, 2006 [71 FR 38482] 

Revision Vol. 72 May 16, 2007 [72 FR 27437] 

Revision Vol. 72 June 13, 2007 [72 FR 32710] 

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

Subpart B - “Adoption and Submittal of State Plans for Designated Facilities” 

 The provisions of Title 40 CFR Part 60, subpart B, as originally published in the Federal Register and 

as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 60 subpart B 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 40 November 17, 1975 [40 FR 53346] 

Revision Vol. 44 November 9, 1979 [44 FR 65071] 

Appendix B - 18
74 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 60 subpart B 

Federal Register Citation Volume Date Notice 

Revision Vol. 54 December 20, 1989 [54 FR 52189] 

Revision Vol. 60 December 19, 1995 [60 FR 65387] 

Revision Vol. 65 December 6, 2000 [65 FR 76378] 

Revision Vol. 70 May 18, 2005 [70 FR 28606] 

Revision Vol. 70 October 13, 2005 [70 FR 59848] 

Revision Vol. 71 June 9, 2006 [71 FR 33388] 

Revision Vol. 72 October 19, 2007 [72 FR 59190] 

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

Subpart D - “Standards of Performance for Fossil-Fuel Fired Steam Generators for Which 

Construction is Commenced After August 17, 1971” 

 The provisions of Title 40 CFR Part 60, subpart D, as originally published in the Federal Register and 

as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 60 subpart D 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 39 June 14, 1974 [39 FR 20791] 

Revision Vol. 40 January 16, 1975 [40 FR 2803] 

Revision Vol. 40 October 6, 1975 [40 FR 46256] 

Revision Vol. 41 November 22, 1976 [41 FR 51398] 

Revision Vol. 42 July 25, 1977 [42 FR 37936] 

Revision Vol. 42 December 5, 1977 [42 FR 61537] 

Revision Vol. 43 March 7, 1978 [43 FR 9278] 

Revision Vol. 44 June 17, 1979 [44 FR 33612] 

Revision Vol. 44 December 28, 1979 [44 FR 76787] 

Revision Vol. 45 May 29, 1980 [45 FR 36077] 

Revision Vol. 45 July 14, 1980 [45 FR 47146] 

Revision Vol. 46 November 24, 1981 [46 FR 57498] 

Revision Vol. 48 January 27, 1983 [48 FR 3736] 

Revision Vol. 51 November 25, 1986 [51 FR 42797] 

Revision Vol. 52 August 4, 1987 [52 FR 28954] 

Revision Vol. 54 February 14, 1989 [54 FR 6662] 

Revision Vol. 54 May 17, 1989 [54 FR 21344] 

Revision Vol. 55 February 14, 1990 [55 FR 5212] 

Revision Vol. 61 September 24, 1996 [61 FR 49976] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 72 June 13, 2007 [72 FR 32710] 

Revise Regulation 61-62.60, Subpart Da as follows:

Subpart Da - “Standards of Performance for Electric Utility Steam Generating Units for Which 

Construction is Commenced After September 18, 1978” 

 The provisions of Title 40 CFR Part 60, subpart Da, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

Appendix B - 19
FINAL REGULATIONS 75 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 60 subpart Da 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 44 June 11, 1979 [44 FR 33613] 

Revision Vol. 48 January 27, 1983 [48 FR 3737] 

Revision Vol. 54 February 14, 1989 [54 FR 6663] 

Revision Vol. 54 May 17, 1989 [54 FR 21344] 

Revision Vol. 55 February 14, 1990 [55 FR 5212] 

Revision Vol. 55 May 7, 1990 [55 FR 18876] 

Revision Vol. 63 September 16, 1998 [63 FR 49453, 49454] 

Revision Vol. 64 February 12, 1999 [64 FR 7464] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 66 April 10, 2001 [66 FR 18546] 

Revision Vol. 66 June 11, 2001 [66 FR 31177] 

Revision Vol. 66 August 14, 2001 [66 FR 42608] 

Revision Vol. 70 May 18, 2005 [70 FR 28606] 

Revision Vol. 70 August 30, 2005 [70 FR 51266] 

Revision Vol. 71 February 27, 2006 [71 FR 9866] 

Revision Vol. 71 June 9, 2006 [71 FR 33388] 

Revision Vol. 72 June 13, 2007 [72 FR 32710] 

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

Subpart Db - “Standards of Performance for Industrial-Commercial-Institutional Steam Generating 

Units” 

 The provisions of Title 40 CFR Part 60, subpart Db, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 60 subpart Db 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 52 December 16, 1987 [52 FR 47842] 

Revision Vol. 54 December 18, 1989 [54 FR 51819, 51820] 

Revision Vol. 54 December 18, 1989 [54 FR 51825] 

Revision Vol. 55 May 7, 1990 [55 FR 18876] 

Revision Vol. 60 May 30, 1995 [60 FR 28062] 

Revision Vol. 61 March 29, 1996 [61 FR 14031] 

Revision Vol. 62 October 8, 1997 [62 FR 52641] 

Revision Vol. 63 September 16, 1998 [63 FR 49455] 

Revision Vol. 64 February 12, 1999 [64 FR 7464] 

Revision Vol. 65 March 13, 2000 [65 FR 13242] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 66 April 10, 2001 [66 FR 18546] 

Revision Vol. 66 June 11, 2001 [66 FR 31177] 

Revision Vol. 66 August 14, 2001 [66 FR 42608] 

Revision Vol. 66 October 1, 2001 [66 FR 49830] 

Revision Vol. 71 February 27, 2006 [71 FR 9866] 

Revision Vol. 71 June 9, 2006 [71 FR 33388] 

Revision Vol. 71 November 16, 2006 [71 FR 66681] 

Appendix B - 20
76 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 60 subpart Db 

Federal Register Citation Volume Date Notice 

Revision Vol. 72 June 13, 2007 [72 FR 32710] 

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

Subpart Dc - “Standards of Performance for Small Industrial-Commercial-Institutional Steam 

Generating Units” 

 The provisions of Title 40 CFR Part 60, subpart Dc, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 60 subpart Dc 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 55 September 12, 1990 [55 FR 37683] 

Revision Vol. 61 May 8, 1996 [61 FR 20736] 

Revision Vol. 64 February 12, 1999 [64 FR 7465] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 71 February 27, 2006 [71 FR 9866] 

Revision Vol. 72 June 13, 2007 [72 FR 32710] 

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

Subpart BB - “Standards of Performance for Kraft Pulp Mills” 

 The provisions of Title 40 CFR Part 60, subpart BB, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 60 subpart BB 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 43 February 23, 1978 [43 FR 7572] 

Revision Vol. 50 February 14, 1985 [50 FR 6317] 

Revision Vol. 51 May 20, 1986 [51 FR 18544] 

Revision Vol. 54 February 14, 1989 [54 FR 6673] 

Revision Vol. 54 May 17, 1989 [54 FR 21344] 

Revision Vol. 55 February 14, 1990 [55 FR 5212] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 71 September 21, 2006 [71 FR 55119] 

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

Subpart VV - “Standards of Performance for Equipment Leaks of VOC in Synthetic Organic Chemical 

Manufacturing Industry” 

 The provisions of Title 40 CFR Part 60, subpart VV, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

Appendix B - 21
FINAL REGULATIONS 77 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 60 subpart VV 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 48 October 18, 1983 [48 FR 48335] 

Revision Vol. 49 May 30, 1984 [49 FR 22607] 

Revision Vol. 49 June 29, 1984 [49 FR 26738] 

Revision Vol. 51 January 21, 1986 [51 FR 2702] 

Revision Vol. 54 February 14, 1989 [54 FR 6678] 

Revision Vol. 54 June 27, 1989 [54 FR 27016] 

Revision Vol. 60 August 18, 1995 [60 FR 43258] 

Revision Vol. 61 June 12, 1996 [61 FR 29878] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 65 December 14, 2000 [65 FR 78268] 

Revision Vol. 72 November 16, 2007 [72 FR 64860] 

Regulation 61-62.60, Subpart VVa shall be added in alpha-numeric order as follows:

Subpart VVa - “Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic 

Chemicals Manufacturing Industry; Standards of Performance for Equipment Leaks of VOC in 

Petroleum Refineries” 

 The provisions of Title 40 CFR Part 60, subpart VVa, as originally published in the Federal Register

as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 60 subpart Vva 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 November 16, 2007 [72 FR 64860] 

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

Subpart GGG - “Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries” 

 The provisions of Title 40 CFR Part 60, subpart GGG as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 60 subpart GGG 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 49 May 30, 1984 [49 FR 22606] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 72 November 16, 2007 [72 FR 64860] 

Regulation 61-62.60, Subpart GGGa shall be added in alpha-numeric order as follows:

Subpart GGGa - “Standards Of Performance For Equipment Leaks Of VOC In Petroleum Refineries 

For Which Construction, Reconstruction, Or Modification Commenced After November 7, 2006” 

 The provisions of Title 40 CFR Part 60, subpart GGGa, as originally published in the Federal Register

as listed below are incorporated by reference as if fully repeated herein. 

Appendix B - 22
78 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 60 subpart GGGa 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 November 16, 2007 [72 FR 64860] 

R. 61-62.61, National Emission Standards For Hazardous Air Pollutants: 

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

Subpart A - “General Provisions” 

 The provisions of Title 40 CFR Part 61, subpart A, as originally published in the Federal Register and 

as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 61 subpart A 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 38 April 6, 1973 [38 FR 8826] 

Revision Vol. 40 April 25, 1975 [40 FR 18170] 

Revision Vol. 40 October 14, 1975 [40 FR 48299] 

Revision Vol. 42 September 29, 1977 [42 FR 51574] 

Revision Vol. 44 September 25, 1979 [44 FR 55174] 

Revision Vol. 48 January 27, 1983 [48 FR 3740] 

Revision Vol. 48 December 9, 1983 [48 FR 55266] 

Revision Vol. 49 June 6, 1984 [49 FR 23520] 

Revision Vol. 50 November 7, 1985 [50 FR 46290] 

Revision Vol. 50 November 7, 1985 [50 FR 46291] 

Revision Vol. 50 November 7, 1985 [50 FR 46292] 

Revision Vol. 50 November 7, 1985 [50 FR 46293] 

Revision Vol. 50 November 7, 1985 [50 FR 46294] 

Revision Vol. 51 March 5, 1986 [51 FR 7715] 

Revision Vol. 51 March 5, 1986 [51 FR 7719] 

Revision Vol. 51 April 1, 1986 [51 FR 11022] 

Revision Vol. 51 September 30, 1986 [51 FR 34914] 

Revision Vol. 52 October 8, 1987 [52 FR 37617] 

Revision Vol. 54 September 14, 1989 [54 FR 38073] 

Revision Vol. 54 December 15, 1989 [54 FR 51704] 

Revision Vol. 55 March 7, 1990 [55 FR 8341] 

Revision Vol. 55 May 2, 1990 [55 FR 18331] 

Revision Vol. 55 May 31, 1990 [55 FR 22027] 

Revision Vol. 55 August 13, 1990 [55 FR 32914] 

Revision Vol. 57 January 13, 1992 [57 FR 1226] 

Revision Vol. 57 March 5, 1992 [57 FR 8016] 

Revision Vol. 58 January 7, 1993 [58 FR 3105] 

Revision Vol. 58 January 21, 1993 [58 FR 5299] 

Revision Vol. 58 April 7, 1993 [58 FR 18014] 

Revision Vol. 59 March 11, 1994 [59 FR 11554] 

Revision Vol. 59 March 16, 1994 [59 FR 12408] 

Revision Vol. 59 June 17, 1994 [59 FR 31157] 

Revision Vol. 59 July 15, 1994 [59 FR 36280] 

Revision Vol. 60 March 15, 1995 [60 FR 13912] 

Appendix B - 23
FINAL REGULATIONS 79 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 61 subpart A 

Federal Register Citation Volume Date Notice 

Revision Vol. 60 August 21, 1995 [60 FR 43396] 

Revision Vol. 60 September 5, 1995 [60 FR 46206] 

Revision Vol. 60 September 28, 1995 [60 FR 50244] 

Revision Vol. 61 December 30, 1996 [61 FR 68972] 

Revision Vol. 62 January 14, 1997 [62 FR 1832] 

Revision Vol. 62 February 24, 1997 [62 FR 8314] 

Revision Vol. 63 December 1, 1998 [63 FR 66054] 

Revision Vol. 64 February 3, 1999 [64 FR 5574] 

Revision Vol. 64 February 12, 1999 [64 FR 7458] 

Revision Vol. 64 May 6, 1999 [64 FR 24288] 

Revision Vol. 65 February 28, 2000 [65 FR 10391] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 65 December 14, 2000 [65 FR 78268] 

Revision Vol. 66 June 15, 2001 [66 FR 32545] 

Revision Vol. 66 August 13, 2001 [66 FR 42425, 42427] 

Revision Vol. 66 September 19, 2001 [66 FR 48211] 

Revision Vol. 67 January 23, 2002 [67 FR 3106] 

Revision Vol. 67 March 14, 2002 [67 FR 11417] 

Revision Vol. 67 April 26, 2002 [67 FR 20652] 

Revision Vol. 67 June 10, 2002 [67 FR 39622] 

Revision Vol. 67 September 9, 2002 [67 FR 57159] 

Revision Vol. 67 October 7, 2002 [67 FR 62395] 

Revision Vol. 68 April 7, 2003 [68 FR 16726] 

Revision Vol. 68 May 28, 2003 [68 FR 31611] 

Revision Vol. 68 June 17, 2003 [68 FR 35792] 

Revision Vol. 68 December 11, 2003 [68 FR 69036] 

Revision Vol. 69 March 26, 2004 [69 FR 15687] 

Revision Vol. 69 April 9, 2004 [69 FR 18801] 

Revision Vol. 72 May 16, 2007 [72 FR 27437] 

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

Categories: 

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

Subpart A - “General Provisions” 

 The provisions of Title 40 CFR Part 63, subpart A, as originally published in the Federal Register and 

as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 63 subpart A 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 59 March 16, 1994 [59 FR 12430] 

Revision Vol. 59 April 22, 1994 [59 FR 19453] 

Revision Vol. 59 December 6, 1994 [59 FR 62589] 

Revision Vol. 60 January 25, 1995 [60 FR 4963] 

Revision Vol. 60 June 27, 1995 [60 FR 33122] 

Revision Vol. 60 September 1, 1995 [60 FR 45980] 

Appendix B - 24
80 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 63 subpart A 

Federal Register Citation Volume Date Notice 

Revision Vol. 61 May 21, 1996 [61 FR 25399] 

Revision Vol. 61 December 17, 1996 [61 FR 66227] 

Revision Vol. 62 December 10, 1997 [62 FR 65024] 

Revision Vol. 63 May 4, 1998 [63 FR 24444] 

Revision Vol. 63 May 13, 1998 [63 FR 26465] 

Revision Vol. 63 September 21, 1998 [63 FR 50326] 

Revision Vol. 63 October 7, 1998 [63 FR 53996] 

Revision Vol. 63 December 1, 1998 [63 FR 66061] 

Revision Vol. 64 January 28, 1999 [64 FR 4300] 

Revision Vol. 64 February 12, 1999 [64 FR 7468] 

Revision Vol. 64 April 12, 1999 [64 FR 17562] 

Revision Vol. 64 June 10, 1999 [64 FR 31375] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 67 February 14, 2002 [67 FR 6968] 

Revision Vol. 67 February 27, 2002 [67 FR 9156] 

Revision Vol. 67 April 5, 2002 [67 FR 16582] 

Revision Vol. 67 June 10, 2002 [67 FR 39794] 

Revision Vol. 67 July 23, 2002 [67 FR 48254] 

Revision Vol. 68 February 18, 2003 [68 FR 7706] 

Revision Vol. 68 April 21, 2003 [68 FR 19375] 

Revision Vol. 68 May 6, 2003 [68 FR 23898] 

Revision Vol. 68 May 8, 2003 [68 FR 24653] 

Revision Vol. 68 May 20, 2003 [68 FR 27646] 

Revision Vol. 68 May 23, 2003 [68 FR 28606] 

Revision Vol. 68 May 27, 2003 [68 FR 28774] 

Revision Vol. 68 May 28, 2003 [68 FR 31746] 

Revision Vol. 68 May 29, 2003 [68 FR 32172] 

Revision Vol. 68 May 30, 2003 [68 FR 32586] 

Revision Vol. 68 November 13, 2003 [68 FR 64432] 

Revision Vol. 68 December 19, 2003 [68 FR 70960] 

Revision Vol. 69 January 2, 2004 [69 FR 130] 

Revision Vol. 69 February 3, 2004 [69 FR 5038] 

Revision Vol. 69 April 9, 2004 [69 FR 18801] 

Revision Vol. 69 April 19, 2004 [69 FR 20968] 

Revision Vol. 69 April 22, 2004 [69 FR 21737] 

Revision Vol. 69 April 26, 2004 [69 FR 22602] 

Revision Vol. 69 June 15, 2004 [69 FR 33474] 

Revision Vol. 69 July 30, 2004 [69 FR 45944] 

Revision Vol. 69 September 13, 2004 [69 FR 55218] 

Revision Vol. 70 April 15, 2005 [70 FR 19992] 

Revision Vol. 70 May 20, 2005 [70 FR 29400] 

Revision Vol. 70 October 12, 2005 [70 FR 59402] 

Revision Vol. 71 February 16, 2006 [71 FR 8342] 

Revision Vol. 71 April 20, 2006 [71 FR 20446] 

Revision Vol. 71 July 28, 2006 [71 FR 42898] 

Revision Vol. 71 December 6, 2006 [71 FR 70651] 

Revision Vol. 72 January 3, 2007 [72 FR 26] 

Revision Vol. 72 January 23, 2007 [72 FR 2930] 

Revision Vol. 72 July 16, 2007 [72 FR 38864] 

Appendix B - 25
FINAL REGULATIONS 81 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 63 subpart A 

Federal Register Citation Volume Date Notice 

Revision Vol. 72 October 29, 2007 [72 FR 61060] 

Revision Vol. 72 November 16, 2007 [72 FR 64860] 

Revision Vol. 72 December 26, 2007 [72 FR 73180] 

Revision Vol. 72 December 28, 2007 [72 FR 74088] 

Regulation 61-62.63, Subpart B, Section 63.40(f)(2), (f)(3), (f)(4) and (f)(5) shall be revised as follows:

Subpart B - “Requirements for Control Technology Determinations for Major Sources in Accordance 

With Clean Air Act Sections, Sections 112(g) and 112(j)” 

Section 63.40 - Applicability 

(f) Synthetic Minor Provisions. Any “affected source,” as defined by Regulation 61-62.63, Section 63.41, may 

request to use federally enforceable permit conditions to limit the source’s potential to emit and become a 

synthetic minor source. 

 

 (1) An affected source desiring to be a synthetic minor source shall provide a written request to the 

Department for a federally enforceable construction permit conditioned to constrain the operation of the 

source, along with a completed construction permit application package. The construction or reconstruction of 

the source shall not commence until the source has received an effective permit to construct. 

 (2) The enforceable permit conditions provisions of S.C. Regulation 61-62.1, Section II. E.3 shall 

apply to synthetic minor source permits. 

 (3) The public participation procedures of S.C. Regulation 61-62.1, Section II. N shall apply to 

synthetic minor source permits. 

 (4) The emergency provisions of S.C. Regulation 61-62.1, Section II. L shall apply to synthetic minor 

source permits. 

 (5) The permit application provisions of S.C. Regulation 61-62.1, Section II. E.5 shall apply to 

synthetic minor source permits. 

Regulation 61-62.63, Subpart B, Section 63.41 (n), (o), (p), (q), (r), and (s) shall be revised as follows: 

Subpart B - “Requirements for Control Technology Determinations for Major Sources in Accordance 

With Clean Air Act Sections, Sections 112(g) and 112(j)” 

Section 63.41 - Definitions 

(m) “Notice of MACT Approval” means a document issued by the Department containing all federally 

enforceable conditions necessary to enforce the application and operation of MACT or other control 

technologies such that the MACT emission limitation is met. 

(n) “Organic Hap” means the compounds listed in Table 1 to subpart XX of this part. 

Appendix B - 26
82 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

(o) “Presumptive MACT determination” means an estimation of maximum achievable control technology 

(MACT), based on limited data gathered within a short time frame, that serves as a basis for a decision on how 

to develop an emission standard for a particular source category. Factors such as control technology costs, 

non-air quality health and environmental impacts, energy requirements, and benefits are not typically 

considered in the estimation. 

(p) “Process or production unit” means any collection of structures and/or equipment, that processes, 

assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A 

single facility may contain more than one process or production unit. 

(q) “Reconstruct a major source” means the replacement of components at an existing process or production 

unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of 

any combination of HAP, whenever: 

 (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that 

would be required to construct a comparable process or production unit; and 

 (2) It is technically and economically feasible for the reconstructed major source to meet the 

applicable maximum achievable control technology emission limitation for new sources established under this 

subpart. 

(r) “Research and development activities” means activities conducted at a research or laboratory facility whose 

primary purpose is to conduct research and development into new processes and products, where such source 

is operated under the close supervision of technically trained personnel and is not engaged in the manufacture 

of products for sale or exchange for commercial profit, except in a de minimis manner. 

(s) “Similar source” means a stationary source or process that has comparable emissions and is structurally 

similar in design and capacity to a constructed or reconstructed major source such that the source could be 

controlled using the same control technology. 

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

Subpart E - “Approval of State Programs and Delegation of Federal Authorities” 

 The provisions of Title 40 CFR Part 63, subpart E as originally published in the Federal Register and 

as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 63 subpart E 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 69 February 17, 2004 [69 FR 7372] 

Revision Vol. 70 October 13, 2005 [70 FR 59848] 

Revision Vol. 72 May 16, 2007 [72 FR 27437] 

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

Subpart T - “National Emission Standards for Halogenated Solvent Cleaning” 

 The provisions of Title 40 CFR Part 63, subpart T as originally published in the Federal Register and 

as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

Appendix B - 27
FINAL REGULATIONS 83 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 63 subpart T 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 59 December 2, 1994 [59 FR 61805] 

Revision Vol. 59 December 30, 1994 [59 FR 67750] 

Revision Vol. 60 June 5, 1995 [60 FR 29485] 

Revision Vol. 63 May 5, 1998 [63 FR 24751] 

Revision Vol. 63 December 11, 1998 [63 FR 68400] 

Revision Vol. 64 July 13, 1999 [64 FR 37687] 

Revision Vol. 64 October 18, 1999 [64 FR 56173] 

Revision Vol. 64 December 3, 1999 [64 FR 67793] 

Revision Vol. 65 September 8, 2000 [65 FR 54419] 

Revision Vol. 68 June 23, 2003 [68 FR 37334] 

Revision Vol. 70 December 19, 2005 [70 FR 75320] 

Revision Vol. 72 May 3, 2007 [72 FR 25138] 

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

Subpart HH - “National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas 

Production Facilities” 

 The provisions of Title 40 CFR Part 63, subpart HH, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 63 subpart HH 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 64 June 17, 1999 [64 FR 32628] 

Revisions Vol. 66 June 29, 2001 [66 FR 34548] 

Revision Vol. 68 June 23, 2003 [68 FR 37334] 

Revision Vol. 71 April 20, 2006 [71 FR 20446] 

Revision Vol. 72 January 3, 2007 [72 FR 26] 

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

Subpart II - “National Emission Standards for Shipbuilding and Ship Repair (Surface Coating)” 

 The provisions of Title 40 CFR Part 63, subpart II, as originally published in the Federal Register and 

as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 63 subpart II 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 60 December 15, 1995 [60 FR 64336] 

Revision Vol. 61 June 18, 1996 [61 FR 30816] 

Revision Vol. 61 December 17, 1996 [61 FR 66227] 

Revision Vol. 65 October 17, 2000 [65 FR 61744] 

Revision Vol. 68 June 23, 2003 [68 FR 37334] 

Revision Vol. 71 December 29, 2006 [71 FR 78369] 

Revision Vol. 72 February 27, 2007 [72 FR 8630] 

Appendix B - 28
84 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

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

Subpart YY - “National Emission Standards for Shipbuilding and Ship Repair (Surface Coating)” 

 The provisions of Title 40 CFR Part 63, subpart YY, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 63 subpart YY 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 64 June 29, 1999 [64 FR 34921] 

Revision Vol. 64 November 22, 1999 [64 FR 63695] 

Revision Vol. 64 December 22, 1999 [64 FR 71852] 

Revision Vol. 66 November 2, 2001 [66 FR 55844] 

Revision Vol. 67 June 7, 2002 [67 FR 39301] 

Revision Vol. 67 July 12, 2002 [67 FR 46258, 46289] 

Revision Vol. 68 February 10, 2003 [68 FR 6635] 

Revision Vol. 70 April 13, 2005 [70 FR 19266] 

Revision Vol. 71 April 20, 2006 [71 FR 20446] 

Revision Vol. 72 June 29, 2007 [72 FR 35663] 

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

Subpart DDDD - “National Emission Standards for Hazardous Air Pollutants: Plywood and Composite 

Wood Products” 

 The provisions of Title 40 CFR Part 63, subpart DDDD, as originally published in the Federal 

Register and as subsequently amended upon publication in the Federal Register as listed below, are 

incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart DDDD 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 69 July 30, 2004 [69 FR 45944] 

Revision Vol. 71 February 16, 2006 [71 FR 8347] 

Revision Vol. 72 October 29, 2007 [72 FR 61060] 

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

Subpart IIII - “National Emission Standards for Hazardous Air Pollutants: Surface Coating of 

Automobiles and Light-Duty Trucks” 

 The provisions of Title 40 CFR Part 63, subpart IIII, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 63 subpart IIII 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 69 April 26, 2004 [69 FR 22602] 

Revision Vol. 71 April 20, 2006 [71 FR 20446] 

Revision Vol. 71 December 22, 2006 [71 FR 76922] 

Revision Vol. 72 April 24, 2007 [72 FR 20227] 

Appendix B - 29
FINAL REGULATIONS 85 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

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

Subpart PPPP - “National Emission Standards for Hazardous Air Pollutants for Surface Coating of 

Plastic Parts and Products” 

 The provisions of Title 40 CFR Part 63, subpart PPPP, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register are incorporated by reference as if fully 

repeated herein. 

40 CFR Part 63 subpart PPPP 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 69 April 19, 2004 [69 FR 20968] 

Revision Vol. 69 April 26, 2004 [69 FR 22602] 

Revision Vol. 71 April 20, 2006 [71 FR 20446] 

Revision Vol. 71 December 22, 2006 [71 FR 76922] 

Revision Vol. 72 April 24, 2007 [72 FR 20227] 

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

Subpart UUUUU – (Reserved) 

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

Subpart VVVVV – (Reserved) 

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

Subpart WWWWW - “National Emission Standards For Hospital Ethylene Oxide Sterilizers 

Applicability And Compliance Dates” 

 The provisions of Title 40 CFR Part 63, subpart WWWWW, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart WWWWW 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 December 28, 2007 [72 FR 73611] 

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

Subpart XXXXX – (Reserved) 

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

Subpart YYYYY - “National Emission Standards For Hazardous Air Pollutants For Area Sources: 

Electric Arc Furnace Steelmaking Facilities” 

 The provisions of Title 40 CFR Part 63, subpart YYYYY, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart YYYYY 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 December 28, 2007 [72 FR 74088] 

Appendix B - 30
86 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

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

Subpart ZZZZZ – (Reserved) 

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

Subpart AAAAAA – (Reserved) 

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

Subpart BBBBBB – (Reserved) 

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

Subpart CCCCCC – (Reserved) 

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

Subpart DDDDDD - “National Emission Standards For Hazardous Air Pollutants For Polyvinyl 

Chloride And Copolymers Production Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart DDDDDD, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart DDDDDD 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 January 23, 2007 [72 FR 2930] 

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

Subpart EEEEEE - “National Emission Standards For Hazardous Air Pollutants For Primary Copper 

Smelting Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart EEEEEE, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart EEEEEE 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 January 23, 2007 [72 FR 2930] 

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

Subpart FFFFFF - “National Emission Standards For Hazardous Air Pollutants For Secondary Copper 

Smelting Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart FFFFFF, as originally published in the Federal 

Register and as subsequently amended upon publication in the Federal Register as listed below are 

incorporated by reference as if fully repeated herein. 

Appendix B - 31
FINAL REGULATIONS 87 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 63 subpart FFFFFF 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 January 23, 2007 [72 FR 2930] 

Revision Vol. 72 July 3, 2007 [72 FR 36363] 

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

Subpart GGGGGG - “National Emission Standards For Hazardous Air Pollutants For Primary 

Nonferrous Metals Area Sources—Zinc, Cadmium, And Beryllium” 

 The provisions of Title 40 CFR Part 63, subpart GGGGGG, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart GGGGGG 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 January 23, 2007 [72 FR 2930] 

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

Subpart HHHHHH – (Reserved) 

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

Subpart IIIIII – (Reserved) 

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

Subpart JJJJJJ – (Reserved) 

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

Subpart KKKKKK – (Reserved) 

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

Subpart LLLLLL - “National Emission Standards For Hazardous Air Pollutants For Acrylic And 

Modacrylic Fibers Production Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart LLLLLL, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart LLLLLL 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 July 16, 2007 [72 FR 38864] 

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

Subpart MMMMMM - “National Emission Standards For Hazardous Air Pollutants For Carbon Black 

Production Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart MMMMMM, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

Appendix B - 32
88 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

40 CFR Part 63 subpart MMMMMM 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 July 16, 2007 [72 FR 38864] 

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

Subpart NNNNNN - “National Emission Standards For Hazardous Air Pollutants For Chemical 

Manufacturing Area Sources: Chromium Compounds” 

 The provisions of Title 40 CFR Part 63, subpart NNNNNN, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart NNNNNN 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 July 16, 2007 [72 FR 38864] 

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

Subpart OOOOOO - “National Emission Standards For Hazardous Air Pollutants For Flexible 

Polyurethane Foam Production and Fabrication Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart OOOOOO, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart OOOOOO 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 July 16, 2007 [72 FR 38864] 

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

Subpart PPPPPP - “National Emission Standards For Hazardous Air Pollutants For Lead Acid Battery 

Manufacturing Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart PPPPPP, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart PPPPPP 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 July 16, 2007 [72 FR 38864] 

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

Subpart QQQQQQ - “National Emission Standards For Hazardous Air Pollutants For Wood 

Preserving Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart QQQQQQ, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart QQQQQQ 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 July 16, 2007 [72 FR 38864] 

Appendix B - 33
FINAL REGULATIONS 89 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

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

Subpart RRRRRR - “National Emission Standards For Hazardous Air Pollutants For Clay Ceramics 

Manufacturing Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart RRRRRR, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart RRRRRR 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 December 26, 2007 [72 FR 73180] 

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

Subpart SSSSSS - “National Emission Standards For Hazardous Air Pollutants For Glass 

Manufacturing Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart SSSSSS, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart SSSSSS 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 December 26, 2007 [72 FR 73180] 

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

Subpart TTTTTT - “National Emission Standards For Hazardous Air Pollutants For Secondary 

Nonferrous Metals Processing Area Sources” 

 The provisions of Title 40 CFR Part 63, subpart TTTTTT, as originally published in the Federal 

Register as listed below are incorporated by reference as if fully repeated herein. 

40 CFR Part 63 subpart TTTTTT 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 72 December 26, 2007 [72 FR 73180] 

R. 61-62.70, Title V Operating Permit Program 

Regulation 61-62.70.2(r)(2)(xx) shall be revised as follows: 

70.2 Definitions. 

r. “Major source”... 

 (2)... 

 (xx) Chemical process plants - The term chemical processing plant shall not include ethanol 

production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 

312140;... 

Appendix B - 34
90 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

Regulation 61-62.70.7(d)(3)(iii) shall be revised as follows:

70.7 Permit issuance, renewal, reopenings, and revisions. 

(d)... 

 (3)... 

 (iii) The source may implement the changes addressed in the request for an administrative 

amendment immediately upon submittal of the request, except transfer/ownership which must comply with 

South Carolina Code of Laws Regulation 61-62.1 Section II. M. 

R. 61-62.72, Acid Rain: 

Regulation 61-62.72, Subpart B shall be revised as follows:

Subpart B - “Designated Representative” 

 

 The provisions of Title 40 CFR Part 72, subpart B, as originally published in the Federal Register and 

as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 72 subpart B 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 58 January 11, 1993 [58 FR 3650] 

Revision Vol. 60 April 4, 1995 [60 FR 17100] 

Revision Vol. 62 October 24, 1997 [62 FR 55460] 

Revision Vol. 70 May 12, 2005 [70 FR 25162] 

Revision Vol. 71 April 28, 2006 [71 FR 25328] 

Revision Vol. 72 October 19, 2007 [72 FR 59190] 

R. 61-62.96, Nitrogen Oxides (NOX) and Sulfur Dioxide (SO2) Budget Trading Program General 

Provisions: 

Regulation 61-62.96, Subpart AA shall be revised as follows: 

Subpart AA - “South Carolina CAIR NOx Annual Trading Program General Provisions” 

 The provisions of Title 40 CFR Part 96, subpart AA, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 96 subpart AA 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 70 May 12, 2005 [70 FR 25162] 

Revision Vol. 71 April 28, 2006 [71 FR 25304] 

Revision Vol. 71 December 13, 2006 [71 FR 74792] 

Revision Vol. 72 October 19, 2007 [72 FR 59190] 

Appendix B - 35
FINAL REGULATIONS 91 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

Subpart FF - “CAIR NOx Allowance Tracking System” 

Section 96.153(c) is modified to read: 

By December 1, 2009 and December 1 of each fourth year thereafter, the Administrator will record in the 

CAIR NOX source's compliance account the CAIR NOX allowances allocated for the CAIR NOX units at the 

source, as submitted by the permitting authority in accordance with §96.141(b), for the control period in the 

sixth year after the year of the applicable deadline for recordation under this paragraph. 

The remainder of Section 96.153 is unchanged.

Regulation 61-62.96, Subpart AAA shall be revised as follows: 

Subpart AAA - “CAIR SO2 Trading Program General Provisions” 

The provisions of Title 40 CFR Part 96, subpart AAA, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 96 subpart AAA 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 70 May 12, 2005 [70 FR 25162] 

Revision Vol. 71 April 28, 2006 [71 FR 25304] 

Revision Vol. 71 December 13, 2006 [71 FR 74792] 

Revision Vol. 72 October 19, 2007 [72 FR 59190] 

Regulation 61-62.96, Subpart AAAA shall be revised as follows: 

Subpart AAAA - “CAIR NOx Ozone Season Trading Program General Provisions” 

The provisions of Title 40 CFR Part 96, subpart AAAA, as originally published in the Federal 

Register and as subsequently amended upon publication in the Federal Register as listed below, are 

incorporated by reference as if fully repeated herein, except as noted below. 

40 CFR Part 96 subpart AAAA 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 70 May 12, 2005 [70 FR 25162] 

Revision Vol. 71 April 28, 2006 [71 FR 25304] 

Revision Vol. 71 December 13, 2006 [71 FR 74792] 

Revision Vol. 72 October 19, 2007 [72 FR 59190] 

The following definitions are revised in Section 96.302 Definitions:

“Commence commercial operation” - (a) For all units “commence commercial operation” means, with regard 

to a unit: 

 (1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale 

or use, including test generation, except as provided in §96.305 and §96.384(h). 

Appendix B - 36
92 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

 (i) For a unit that is a CAIR NOX Ozone Season unit under §96.304 on the later of November 

15, 1990, or the date the unit commences commercial operation as defined in paragraph (1) of this definition 

and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same 

source), such date shall remain the date of commencement of commercial operation of the unit, which shall 

continue to be treated as the same unit. 

 (ii) For a unit that is a CAIR NOX Ozone Season unit under §96.304 on the later of November 

15, 1990, or the date the unit commences commercial operation as defined in paragraph (1) of this definition 

and that is subsequently replaced by a unit at the same source (e.g., repowered), such date shall remain the 

replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a 

separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or 

(2) of this definition as appropriate. 

 (2) Notwithstanding paragraph (1) of this definition and except as provided in §96.305, for a unit that 

is not a CAIR NOX Ozone Season unit under §96.304 on the later of November 15, 1990, or the date the unit 

commences commercial operation as defined in paragraph (1) of this definition, the unit’s date for 

commencement of commercial operation shall be the date on which the unit becomes a CAIR NOX Ozone 

Season unit under §96.304. 

 (i) For a unit with a date for commencement of commercial operation as defined in paragraph 

(2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by 

a unit at the same source), such date shall remain the date of commencement of commercial operation of the 

unit, which shall continue to be treated as the same unit. 

 (ii) For a unit with a date for commencement of commercial operation as defined in paragraph 

(2) of this definition and that is subsequently replaced by a unit at the same source (e.g., repowered), such date 

shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit 

shall be treated as a separate unit with a separate date for commencement of commercial operation as defined 

in paragraph (1) or (2) of this definition as appropriate. 

“Commence operation” - (a) For all units “commence operation” means: ... 

“Fossil-fuel-fired” - (a) For a unit subject to 96.304 (a)(1)(i), (a)(2) or (b), “fossil-fuel-fired” means with 

regard to a unit, combusting any amount of fossil fuel in any calendar year. 

(b) ... 

 (1) For units that commenced operation before January 1, 1996, the combination of fossil fuel, alone 

or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of 

the annual heat input on a Btu basis during 1995 or, if a unit had no heat input starting in 1995, during the last 

year of operation of the unit prior to 1995. 

Subpart EEEE - “CAIR NOx Ozone Season Allowance Allocations”

Section 96.342 CAIR NOx Ozone Season Allowance Allocations. 

(e) The baseline heat input (in mmBtu) used with respect to CAIR NOx Ozone Season allowance allocations 

for non-EGUs for each CAIR NOx Ozone Season unit under section 96.341(b) will be: ... 

 (2) For a CAIR NOx Ozone Season allowance allocation under section 96.341(b)(2), the allowances 

will be determined using the unit’s baseline heat input equal to the unit’s single highest adjusted control period 

heat input for the years that are five, six, seven and eight years before the first year of the control periods for 

which the CAIR NOx Ozone Season allowance allocation is being calculated. 

Appendix B - 37
FINAL REGULATIONS 93 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

Subpart FFFF - “CAIR NOx Ozone Season Allowance Tracking System” 

 The provisions of Title 40 CFR Part 96, subpart FFFF, as originally published in the Federal Register

and as subsequently amended upon publication in the Federal Register as listed below, are incorporated by 

reference as if fully repeated herein. 

40 CFR Part 96 subpart FFFF 

Federal Register Citation Volume Date Notice 

Original Promulgation Vol. 70 May 12, 2005 [70 FR 25162] 

Revision Vol. 71 April 28, 2006 [71 FR 25304] 

Revision Vol. 71 December 13, 2006 [71 FR 74792] 

Section 96.353(c) is modified to read:

By December 1, 2010 and December 1 of each fourth year thereafter, the Administrator will record in the 

CAIR NOX Ozone Season source's compliance account the CAIR NOX Ozone Season allowances allocated for 

the CAIR NOX Ozone Season units at the source, as submitted by the permitting authority in accordance with 

§96.341(b), for the control period in the sixth year after the year of the applicable deadline for recordation 

under this paragraph. 

The remainder of Section 96.353 is unchanged. 

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: Amendments to Regulation 61-62, Air Pollution Control Regulations 

and Standards, and the South Carolina State Implementation Plan. 

Purpose: These amendments will maintain conformity with Federal requirements and ensure compliance with 

Federal standards. 

Legal Authority: The legal authority for Regulation 61-62, Air Pollution Control Regulations and Standards, is 

S.C. Code Sections 48-1-10 et seq. 

Plan for Implementation: The amendments will take effect upon approval and adoption by the South Carolina 

Board of Health and Environmental Control and publication in the State Register. 

DETERMINATION OF NEED AND REASONABLENESS OF THE REGULATIONS BASED ON ALL 

FACTORS HEREIN AND EXPECTED BENEFITS: 

Each year the United States Environmental Protection Agency (EPA) promulgates amendments to Federal 

regulations to include clarification, guidance and technical amendments. 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 as a result of these amendments. The 

standards that have been adopted are already effective and applicable to the regulated community as a matter 

of Federal law. The amendments will benefit the regulated community by clarifying the regulations and 

increasing their ease of use. 

Appendix B - 38
94 FINAL REGULATIONS 

South Carolina State Register Vol. 32, Issue 10 

October 24, 2008 

UNCERTAINTIES OF ESTIMATES: 

EPA provided the estimated costs and benefits for these standards in the Federal Register notices that are cited 

within this document. 

EFFECT ON ENVIRONMENT AND PUBLIC HEALTH: 

Adoption of the recent changes in Federal law through these amendments to Regulation 61-62, Air Pollution 

Control Regulations and Standards, and the South Carolina State Implementation Plan will provide continued 

protection of the environment and public health. 

DETRIMENTAL EFFECT ON THE ENVIRONMENT AND PUBLIC HEALTH IF THE REGULATIONS 

ARE NOT IMPLEMENTED: 

While there is no specific detrimental effect on the environment and public health, the State’s authority to 

implement Federal requirements, which are believed to be beneficial to the public health and environment, 

would be compromised if these amendments had not been adopted in South Carolina. 

Appendix B - 39