# 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

### 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:

### 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

### 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

### 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

### 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

### 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

### 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

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### 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

### 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

### 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



# 1 for South Carollna 

### y Commission Expires: 9/7/2014FINAL 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 mandate d regulations pursuant to 40 CFR Parts 60, 61, 63, 70, 72, and 96. The federal amendments include clarif ication, guidance and techni cal 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 Sta ndards 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 (NO X ) and Sulfur Dioxide (SO 2 ) 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 primar y standard for fine particulate matter (PM 2.5 ). Corrections were made to Standard No. 5 - Volatile Organic Co mpounds, and citation correcti ons 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 (HMI WI), 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 PM 2.5 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.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, QQQ QQQ, 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 NO X 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 NO X allocations in Subpart FFFF.

Instructions:

Amend Regulation 61-62, Air Pollution Control Regulations and Standa rds, pursuant to each individual instruction provided below with the text of the amendments.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 organi c compound which participates in atmospheric photochemical reactions; or which is m easured by a reference method (as specified in 40 CFR 60, as of July 1, 1990), an equivalent method, an alternative method, or which is determined by procedures specified under any subpart of 40 CFR 60. This includes compounds other than the following compounds:

acetone; (CF 3 ) 2 CFCF 2 OC 2 H 5 (2-(ethoxydifluoromethyl)-(1,1 ,1,2,3,3,3-heptafluoropropane); ((CF 3 ) 2 CFCF 2 OCH 3 ,) (2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane); CFC-11 (trichlorofluoromethane); CFC-12 (dichlorodifluoromethane); CFC-113 (1,1,2-trichloro-1,2,2-trifluoroethane); CFC-114 (1,2-dichloro-1,1,2,2-tetrafluoroethane); CFC-115 (chloropentafluoroethane); ethane; HCFC-22 (chlorodifluoromethane); HCFC-31 (chlorofluoromethane); HCFC-123 (1,1,1-trifluoro-2,2-dichloroethane); HCFC-123a (1,2-dichloro-1,1,2-trifluoroethane); HCFC-124 (2-chloro-1,1,1,2-tetra-fluoroethane); HCFC-134a (1,1,1,2-tetrafluoroethane); HCFC-141b (1,1-dichloro-1-fluoroethane); HCFC-142b (1-chloro-1,1-difluoroethane); HCFC-151a (1-chloro-1-fluoroethane); HCFC 225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane); HCFC 225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane); HFC-23 (trifluoromethane); HFC-32 (difluoromethane); HFC 43-10mee (1,1,1,2,3,4,4 ,5,5,5-decafluoropentane); HFC-125 (pentafluoroethane); HFC-134 (1,1,2,2-tetrafluoroethane); HFC-143a (1,1,1-trifluoroethane); HFC-152a (1,1-difluoroethane); HFC-161 (ethylfluoride); HFC 227ea (1,1,1,2,3,3,3-heptafluoroproane); HFC-236ea (1,1,1,2,3,3-hexafluoropropane); HFC-236fa (1,1,1,3,3,3-hexafluoropropane); HFC-245ca (1,1,2,2,3-pentafluoropropane); HFC-245ea (1,1,2,3,3-pentafluoropropane); HFC-245eb (1,1,1,2,3-pentafluoropropane); HFC-245fa (1,1,1,3,3-pentafluoropropane); HFC-365mfc (1,1,1,3,3-pentafluorobutane); HFE-7000 (1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane) or (n-C 3 F 7 OCH 3 ); HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane) or (C 4 F 9 OCH 3 ); HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane) or (C 4 F 9 OC 2 H 5 ); HFE-7300 (1) 1,1,1,2,2,3,4,5,5,5-decafluoro- 3-methoxy-4-trifluoromethyl-pentane; HFE-7500 (3-ethoxy-1,1, 1,2,3,4,4,5,5,6,6,6- dodecafluoro-2-(trifluoromethyl) hexane; methane;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 (HCOOCH 3 ); 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 unsat urations 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 ne gligible photochemical reactivity. For purposes of determining compliance with emission limits, VOC w ill be measured by the approved test methods. Where such a method also inadvertently measures compounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly reactive compounds when determining compliance with an emissions standard.

The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirem ents 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 sha ll 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 fluorid es 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 meterFINAL 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 sha ll 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 De partment 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/Medic al/Infectious Waste Incinerators (HMIWI):

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

SECTION VIII. - Recordkeeping and Reporting Requirements

(k) The owner or operator of an affected facility sh all ensure the appropriate District Environmental Quality Control Office is notified by telephone immedi ately following any failure of process equipment, failure of any air pollution control equipment, failure of any monitori ng 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 th e Department is notified in writing of the problem and measures taken to correct the problem as expeditious ly 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: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 conde nser 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, s ubpart 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]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]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, s ubpart 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 Elect ric 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 amende d upon publication in the Federal Register as listed below, are incorporated by reference as if fully repeated herein.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 Industr ial-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 amende d 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]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 Perf ormance 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 amende d 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 amende d 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 amende d upon publication in the Federal Register as listed below, are incorporated by reference as if fully repeated herein.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 Equi pment 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 refe rence 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 Perfor mance for Equipment Leaks of VOC in Petroleum Refineries”

The provisions of Title 40 CFR Part 60, s ubpart GGG as originally published in the Federal Register and as subsequently amende d 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 Perf ormance For Equipment Leaks Of VOC In Petroleum Refineries For Which Construction, Reconstruction, Or Modi fication Commenced After November 7, 2006”

The provisions of Title 40 CFR Part 60, subpa rt GGGa, as originally published in the Federal Register as listed below are incorporated by refe rence as if fully repeated herein.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, s ubpart 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]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]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]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, S ection 63.40(f)(2), (f)(3), (f)(4) and (f)(5) shall be revised as follows:

Subpart B - “Requirements for Control Technology De terminations 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, Sec tion 63.41 (n), (o), (p), (q), (r), and (s) shall be revised as follows:

Subpart B - “Requirements for Control Technology De terminations 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 i ssued 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.82 FINAL REGULATIONS

South Carolina State Register Vol. 32, Issue 10 October 24, 2008 (o) “Presumptive MACT determination” means an est imation of maximum achiev able control technology (MACT), based on limited data gathered within a short time frame, that serv es 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, en ergy 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 developmen t into new processes and products, where such source is operated under the close supervision of technically tr ained personnel and is not e ngaged in the manufacture of products for sale or exchange for commerc ial 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 c onstructed or reconstructe d 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, s ubpart 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 Standard s for Halogenated Solvent Cleaning”

The provisions of Title 40 CFR Part 63, s ubpart 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.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 Haza rdous 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, s ubpart 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]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 Ha zardous Air Pollutants: Plywood and Composite Wood Products”

The provisions of Title 40 CFR Part 63, su bpart 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 amende d 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]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 Fo r Hospital Ethylene Oxide Sterilizers Applicability And Compliance Dates”

The provisions of Title 40 CFR Part 63, s ubpart 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, su bpart 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]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, subpa rt 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 Ha zardous 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.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 Standard s For Hazardous Air Pollutants For Primary Nonferrous Metals Area Sources— Zinc, Cadmium, And Beryllium”

The provisions of Title 40 CFR Part 63, subpa rt 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 Emissi on Standards For Hazardous Ai r 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, s ubpart MMMMMM, as originally published in the Federal Register as listed below are incorporated by reference as if fully repeated herein.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, subpa rt 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, subpa rt 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, subpa rt 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]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 Fo r 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 natura l fermentation included in NAICS codes 325193 or 312140;...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 a ddressed in the request for an administrative amendment immediately upon submittal of the request, ex cept transfer/ownership which must comply with South Carolina Code of Laws Re gulation 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 (NO X ) and Sulfur Dioxide (SO 2 ) Budget Trading Program General Provisions:

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

Subpart AA - “South Carolina CAIR NO x 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 amende d 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]FINAL REGULATIONS 91

South Carolina State Register Vol. 32, Issue 10 October 24, 2008 Subpart FF - “CAIR NO x Allowance Tracking System”

Section 96.153(c) is modified to read:

By December 1, 2009 and December 1 of each fourth year thereafter, the Admini strator will record in the CAIR NO X

source's compliance account the CAIR NO X

allowances allocated for the CAIR NO X

units at the source, as submitted by the permitti ng authority in accordance with §96.141( b), for the control period in the sixth year after the year of the applicable de adline 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 SO 2 Trading Program General Provisions”

The provisions of Title 40 CFR Part 96, subpart AAA, as originally published in the Federal Register and as subsequently amende d 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 NO x Ozone Season Trading Program General Provisions”

The provisions of Title 40 CFR Part 96, su bpart 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 h eated medium used to generate electricity for sale or use, including test generation, except as provided in §96.305 and §96.384(h).92 FINAL REGULATIONS

South Carolina State Register Vol. 32, Issue 10 October 24, 2008 (i) For a unit that is a CAIR NO X Ozone Season unit under §96.304 on the later of November 15, 1990, or the date the unit commences commercial opera tion 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 commenc ement of commercial operation of the unit, which shall continue to be treated as the same unit.

(ii) For a unit that is a CAIR NO X Ozone Season unit under §96.304 on the later of November 15, 1990, or the date the unit commences commercial opera tion 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 defi ned 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 NO X Ozone Season unit under §96.304 on the later of November 15, 1990, or the date the unit commences commercial operation as defined in paragra ph (1) of this definition, the unit’s date for commencement of commercial operation shall be the date on which the unit becomes a CAIR NO X 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 th e 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 commencemen t 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 commencemen t 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 Janua ry 1, 1996, the combination of fossil fuel, alone or in combination with any other fuel, where fossil fu el 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 NO x Ozone Season Allowance Allocations”

Section 96.342 CAIR NO x Ozone Season Allowance Allocations.

(e) The baseline heat input (in mmBt u) used with respect to CAIR NO x Ozone Season allowance allocations for non-EGUs for each CAIR NO x Ozone Season unit under secti on 96.341(b) will be: ...

(2) For a CAIR NO x Ozone Season allowance allocation under section 96.341(b)(2), the allowances will be determined using the unit’s b aseline 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 NO x Ozone Season allowance allo cation is being calculated.FINAL REGULATIONS 93

South Carolina State Register Vol. 32, Issue 10 October 24, 2008 Subpart FFFF - “CAIR NO x 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 amende d 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 Admini strator will record in the CAIR NO X

Ozone Season source's compliance account the CAIR NO X

Ozone Season allowances allocated for the CAIR NO X

Ozone Season units at the source, as submitte d 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 w ith 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 techni cal amendments. States ar e mandated by law to adopt these federal amendments. These amendments are r easonable 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 regul ated community as a matter of Federal law. The amendments will benefit the re gulated community by clarifying the regulations and increasing their ease of use.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 Implemen tation Plan will provide continued protection of the environment and public health.

DETRIMENTAL EFFECT ON THE ENVIRONMENT A ND PUBLIC HEALTH IF THE REGULATIONS ARE NOT IMPLEMENTED:

While there is no specific detrimental effect on the e nvironment 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.