Appendix A 

Notice of Drafting, Proposed Regulation, and Transcript of 

Staff-Led Informational Forum 
Notice of Drafting: March 27, 2009................................................................2 

Notice of Proposed Regulation: July 24, 2009................................................3 

Staff-Led Informational Forum Sign-In Sheet................................................7 

Transcript of Staff Informational Forum: August 24, 2009............................8 

Appendix A - 1
Note: This Notice was published in the S.C. State Register March 27, 2009:

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

CHAPTER 61 

Statutory Authority: S.C. Code Section 48-1-10 et seq. 

Notice of Drafting: 

The South Carolina Department of Health and Environmental Control (Department) is proposing to amend 

Regulation 61-62, Air Pollution Control Regulations and Standards and the South Carolina Air Quality 

Implementation Plan (State Implementation Plan or SIP). Interested persons are invited to present their 

views concerning these amendments in writing to Andrew O. Hollis, Regulatory Development Section, 

Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. To be considered, comments must be 

received by April 27, 2009, the close of the drafting comment period. 

Synopsis: 

The United States Environmental Protection Agency (EPA) promulgates amendments to 40 CFR Parts 60, 

61, 63 and 72 throughout each calendar year. Recent Federal amendments include clarification, guidance 

and technical amendments regarding New Source Performance Standards (NSPS), National Emission 

Standards for Hazardous Air Pollutants (NESHAP), NESHAP for Source Categories, and Permits 

Regulation, Subpart A, Acid Rain Program General Provisions. 

The Department proposes to amend Regulations 61-62.60, South Carolina Designated Facility Plan and New 

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

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

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

from January 1, 2008, through December 31, 2008. 

The Department also proposes to amend Regulations 61-62.5, Standard No. 2, Ambient Air Quality 

Standards, to adopt the Federal changes in the National Ambient Air Quality Standards (NAAQS) for the 8-

hour primary and secondary standard for ozone, and rolling 3-month average primary and secondary standard 

for lead. The Department may also propose typographical corrections and clarifications to Regulation 61-62 

as necessary. 

Pursuant to S.C. Code Section, 1-23-120(H)(1) the proposed amendments in this Notice will not be more 

stringent than the current Federal requirements and thus do not require legislative review.

Appendix A - 2
Note: This Notice was published in the S.C. State Register July 24, 2009: 

Document No. 4082 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

CHAPTER 61 

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

61-62. Air Pollution Control Regulations and Standards 

Preamble: 

The United States Environmental Protection Agency (EPA) promulgates amendments to 40 CFR 

Parts 60, 61, 63, and 72 throughout each calendar year. Recent 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. Among the revisions 

being proposed are amendments to 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, and R. 61-62.72, Acid Rain, to incorporate 

recent Federal amendments promulgated during the period from January 1, 2008, through 

December 31, 2008. The Department also proposes to amend R. 61-62.5, Standard No. 2, 

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

Standards (NAAQS) pursuant to 40 CFR for the 8-hour primary and secondary standard for 

ozone, and rolling 3-month average primary and secondary standard for lead. 

The proposed amendments to R. 61-62, Air Pollution Control Regulations and Standards, are 

necessary to maintain consistency with Federal rules. Pursuant to S.C. Code Section, 1-23-

120(H)(1), the proposed amendments will not require legislative review. 

A Notice of Drafting for these proposed changes was published in the State Register on March 

27, 2009. Since this amendment is consistent with Federal law, neither a preliminary fiscal impact 

statement nor a preliminary assessment report is required. 

Discussion of Proposed Revisions: 

SECTION CITATION/EXPLANATION OF CHANGE: 

R. 61-62.5, Std. No. 2 

Amend Table to reflect changes in 8-hour primary and secondary standard for ozone, and rolling 

3-month average primary and secondary standard for lead. 

R. 61-62.60 

Tables in Subparts A, J, VV, VVa, GGG, and GGGa are amended to incorporate revisions. 

R. 61-62.60 

Subparts Ja and JJJJ are added. 

R. 61-62.61 

Table in Subpart A is amended to incorporate revisions. 

Appendix A - 3
R.61-62.63 

Tables in subparts A, G, H, M, R, U, HH, , EEE, GGG, HHH, JJJ, VVV, EEEE, FFFF, UUUU, 

ZZZZ, BBBBB, EEEEE, GGGGG, HHHHH, LLLLLL, MMMMMM, NNNNNN, OOOOOO, 

PPPPPP, and QQQQQQ are amended to incorporate revisions. 

R. 61-62.63 

Subparts ZZZZZ, BBBBBB, CCCCCC, HHHHHH, WWWWWW, XXXXXX, YYYYYY are 

added. 

R. 61-62.72 

Table in Subpart A is amended to incorporate revisions. 

Notice of Staff Informational Forum and Public Comment Period Pursuant to S.C. Code 

Ann. Section 1-23-110:

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

members of the public to attend a staff-conducted informational forum to be held on August 24, 

2009 at 10:00 a.m. in room 2380 at the South Carolina Department of Health and Environmental 

Control, 2600 Bull Street, Columbia, SC. The purpose of the forum is to answer questions, 

clarify any issues, and receive comments from interested persons on the proposed amendments to 

R. 61-62, Air Pollution Control Regulations and Standards. 

Interested persons are also provided an opportunity to submit written comments to Andrew O. 

Hollis at the South Carolina Department of Health and Environmental Control, Bureau of Air 

Quality, 2600 Bull Street, Columbia, SC 29201. To be considered, comments must be received 

no later than 5:00 p.m. on August 24, 2009. Comments received at the forum or during the writein public comment period shall be submitted to the Board in a Summary of Public Comments and 

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

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

Andrew O. Hollis at the South Carolina Department of Health and Environmental Control, 

Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201, or by calling (803) 898-4196. 

Notice of Public Hearing and Opportunity for Public Comment Pursuant to S.C. Code 

Sections 1-23-110 and 1-23-111: 

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

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

hearing to be conducted by the Board of the South Carolina Department of Health and 

Environmental Control at its regularly-scheduled meeting on October 8, 2009. The public 

hearing is to be held in room 3420 (Board Room) of the Commissioner’s Suite, third floor, 

Aycock Building of the South Carolina Department of Health and Environmental Control, 2600 

Bull Street, Columbia, SC. The Board meeting commences at 10:00 a.m. at which time the Board 

will consider items on its agenda in the order presented. The order of presentation for public 

hearings will be noted in the Board’s agenda to be published by the Department twenty-four 

hours in advance of the meeting. Persons desiring to make oral comments at the hearing are 

asked to limit their statements to five minutes or less, and as a courtesy are asked to provide 

written copies of their presentation for the record. 

Statement of Need and Reasonableness:

Appendix A - 4
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 (SIP). 

Purpose of Regulation: These amendments will maintain conformity with Federal requirements 

and ensure compliance with Federal standards pursuant to 40 CFR 50, 60, 63 and 72. 

Legal Authority: The legal authority for R. 61-62, Air Pollution Control Regulations and 

Standards, is S.C. Code Section 48-1-10 et seq.

Plan for Implementation: The proposed amendments will take effect upon approval 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 PROPOSED 

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 to be adopted are already effective and applicable to the regulated 

community as a matter of Federal law. The proposed amendments will benefit the regulated 

community by clarifying the regulations and increasing their ease of use. 

UNCERTAINTIES OF ESTIMATES: 

The EPA has 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 the proposed amendments to R. 61-62, Air 

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

the environment and public health. 

DETRIMENTAL EFFECT ON THE ENVIRONMENT AND PUBLIC HEALTH IF THE 

REGULATIONS ARE NOT IMPLEMENTED: 

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 were not adopted in South 

Carolina. 

Appendix A - 5
Text: 

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

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

promulgating agency.

Appendix A - 6
Sign-In Sheet For Public Hearing 

NOTICE TO AMEND REGULATION 61-62, AIR POLLUTION CONTROL REGULATIONS
 

AND STANDARDS AND THE AIR QUALITY STATE IMPLEMENTATION PLAN
 

August 24, 2009
 

Synopsis: The South Carolina Department of Health and Environmental Control is proposing to 

revise the South Carolina Air Quality Implementation Plan (also referred to as the State 

Implementation Plan or SIP) as well as Regulation 61-62, Air Pollution Control Regulations and 

Standards. The proposed revisions are necessary in order to incorporate new Federal 

requirements and necessary corrections and clarifications into the existing regulations. Pursuant 

to S.C. Code Section, 1-23-120(G)(1), the proposed amendments are necessary to maintain 

consistency with Federal rules and will not require legislative review. 

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Appendix A - 7
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STATE OF SOUTH CAROLINA BEFORE THE SOUTH CAROLINA 

BOARD OF HEALTH AND 

COUNTY OF RICHLAND ENVIRONMENTAL CONTROL 

PUBLIC HEARING & STAFF ) 

INFORMATIONAL FORUM ) 

) 

BUREAU OF AIR QUALITY ) 

PROPOSED REVISIONS TO ) 

REGULATION 61-62, AIR ) 

POLLUTION CONTROL REGULATIONS ) 

AND STANDARDS AND THE SOUTH ) 

CAROLINA AIR QUALITY ) 

IMPLEMENTATION PLAN ) 

) 

STATE REGISTER DOCUMENT ) TRANSCRIPT OF 

JULY 24, 2009 ) 

) PROCEEDINGS 

) 

--------------) 

Proceedings held before Facilitator Andrew 

Hollis, Bureau of Air Quality, South Carolina Department 

of Health & Environmental Control, 2600 Bull Street, held 

in Room 3141, Wallace Room, Columbia, South Carolina, on 

Monday, August 24, 2009, commencing at 10:12 o'clock, 

A.M. and ending at 10:17 o'clock, A.M., in the aboveentitled matter. 

FAYE A. GRAINGER, d/b/a 

GRAINGER REPORTING SERVICE 

Post Office Box 532 

Irma, South CaroLina 29063 

(803) 798-2679 fayegrainger~beLLsouth.net

Appendix A - 8
2 

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SCDHEC Info Forum, 8/24/2009 

A P PEA RAN C E S: 

PERSONS PRESENT: 

Andrew Hollis, Facilitator 

Alan Hancock, DHEC 

Bureau of Air Quality 

Faye A. Grainger 

Court Reporter 

• 

Grainger Reporting Service 

(803) 798-2679 

Appendix A - 9
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SCDHEC Info Forum, 8/24/2009 

I N D E X
 

Opening by Facilitator Hollis ---------------------- 4 

Certificate of Court Reporter ---------------------- 9 

Grainger Reporting Service 

(803) 798-2679 

Appendix A - 10
4 

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SCDHEC 

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Info Forum, 8/24/2009 

FACILITATOR HOLLIS: Good morning, my 

name is Andrew Hollis with the Bureau of 

Air Quality. I will be the facilitator 

for this forum. Let the record show that 

this forum was convened at 10:12 a.m. on 

Monday, August 24th, 2009, at the duly 

announced location. Public notice of this 

hearing was published in the State 

Register on Friday, July 24, 2009. Copies 

of the Notice were also sent to a mailing 

list of interested parties maintained by 

the Bureau. Unless I hear an objection, a 

copy of this notice will be entered into 

the public record as thought it were read. 

Are there any objections? 

Let the record reflect that the forum 

today is being conducted by the South 

Carolina Department of Health and 

Environmental Control, or the Department. 

The purpose of this hearing is to answer 

questions, clarify issues and receive 

input from interested persons on the 

proposed revisions to Regulation 61-62, 

Air pollution Control Regulations and 

Standards, and the South Carolina Air 

Grainger Reporting Service 

(803) 798-2679 

Appendix A - 11
5 

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SCDHEC 

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Info Forum, 8/24/2009 

Quality Implementation Plan, also 

referred to as the State Implementation 

Plan or SIP. Comments received today 

shall be considered by the Department in 

preparing a final regulation revision and 

State Implementation Plan revision. 

I will present a brief summary and 

explanation of the proposed plan. 

Following the presentation, any member of 

the audience desiring to make comments 

will be given an opportunity to do so. 

Speakers will be recognized in the order 

in which they are registered. 

If anyone has written comments, 

please submit them to me for the record. 

If there are any questions after the 

presentation, please direct them to me, 

and I will either answer them or ask that 

the appropriate person respond. If no one 

is able to answer the question today, an 

answer will be provided in writing at a 

later date. 

The Department is proposing to revise 

Regulation 61-62, Air Pollution Control 

Regulations and Standards, as well as the 

Grainger Reporting Service 

(803) 798-2679 

Appendix A - 12
6 

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SCDHEC 

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Info Forum, 8/24/2009 

SIP. The proposed revision is necessary 

in order to meet the u.S. Environmental 

Protection Agency, USEPA or EPA, Federal 

Clean Air Act requirements. 

Each year, the 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 promote consistency and 

ensure compliance with both State and 

Federal regulations. 

As such, the Department proposes to 

amend Regulation 61-62, Air Pollution 

Control Regulations and Standards and the 

SIP, to incorporate new Federal 

requirements and necessary corrections and 

clarifications into the existing 

regulations and SIP. Pursuant to South 

Carolina Code Section 1-23-120(G) (1), the 

proposed amendments are necessary to 

maintain consistency with Federal rules 

and will not require legislative review. 

Among the revisions being proposed 

are amendments to R. 61-62.60, South 

Grainger Reporting Service 

(803) 798-2679 

Appendix A - 13
7 

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SCDHEC 

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Info Forum, 8/24/2009 

Carolina Designated Facility Plan and New 

Source Performance Standards or NSPS, R. 

61-62.61, National Emission Standards for 

Hazardous Air Pollution or NESHAP, R. 61­

62.63, National Emission Standards for 

Hazardous Air Pollutants for Source 

Categories and R. 61-62.72, Acid Rain, to 

incorporate recent Federal amendments 

promulgated during the period from January 

1st, 2008 through December 31st, 2008. 

The Department also proposes to amend R. 

61-62.5, Standard Number Two, Ambient Air 

Quality Standards, to adopt the Federal 

change in the National Ambient Air Quality 

Standards or NAAQS, for the eight hour 

primary and secondary standard for ozone, 

and rolling three month average for 

primary and secondary standard for lead. 

At this point, I will recognize 

anyone who wishes to comment on the 

proposed revisions. 

If yes, please state your name and 

affiliation clearly for the record. 

Thank you. Is there anyone else 

present who wishes to comment on the 

Grainger Reporting Service 

(803) 798-2679 

Appendix A - 14
8 

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SCDHEC 

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Info Forum, 8/24/2009 

proposed amendments? 

I would like to remind you that any 

comments received will be entered into the 

official transcript of this forum and 

submitted to the EPA for review and 

approval. Additionally, comments deemed 

significant by the Department may be used 

to modify the Regulations and SIP as 

necessary. Are there any more comments 

for the record? 

There being no further comments, this 

forum is adjourned. Thank you for your 

attendance and participation today . 

(Thereupon, at 10:17 a.m. on the same 

day, the forum was completed) 

Grainger Reporting Service 

(803) 798-2679 

Appendix A - 15
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SCDHEC Info Forum, 8/24/2009 

STATE OF SOUTH CAROLINA 

CERTIFICATE 

COUNTY OF LEXINGTON 

Be it known that I am a duly qualified court 

reporter; that I was hired to take the proceedings 

in this matter; that I took notes by stenomask of 

the said proceedings; that the said notes were 

reduced to typewritten form by me; and that the 

foregoing eight (8) pages constitute a true, 

accurate and complete transcript, to the best of my 

skill and ability. 

Witness my hand and seal at Columbia, South 

Carolina, this 24th day of September, 2009. 

'd-I'dl u} Q_ k1~~ Graing~r _ O. . Notary Public for South Carolina 

My Commission Expires: 5-18-2015 

Grainger Reporting Service 

(803) 798~2679

Appendix A - 16