# 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 Sh eet.................

................. ..............7 Transcript of Staff Informational Fo rum: August 24, 2009..... .......................8Note: 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 Environm ental 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 A ndrew 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 calenda r 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 am end 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 Federa l 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 averag e primary and secondary standard for lead. The Department may also propose typographi cal 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 requirement s and thus do not require legislative review.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 Agen cy (EPA) promulgates amendments to 40 CFR Parts 60, 61, 63, and 72 throughout each cale ndar 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 Carolin a 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, a nd R. 61-62.72, Acid Rain, to incorporate recent Federal amendments promulgated durin g the period from January 1, 2008, through December 31, 2008. The Department also pr oposes to amend R. 61-62.5, Standard No. 2, Ambient Air Quality Standards, to adopt the Fede ral 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 Pollu tion 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 w ill not require legislative review. A Notice of Drafting for these propo sed 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 prim ary 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.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, LLLL LL, 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 Caro lina Department of H ealth and Environmental Control, 2600 Bull Street, Columbia, SC. The purpose of the forum is to answer questions, clarify any issues, and receive comments from inte rested 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 Hea lth 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 atthe 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 Depart ment of Health and Environmental Control, Bureau of Air Quality, 2600 Bull Street, Colu mbia, SC 29201, or by calling (803) 898-4196. Notice of Public Hearing and Opportunity fo r Public Comment Pursuant to S.C. Code Sections 1-23-110 and 1-23-111: Interested members of the public and regulat ed 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 th e South Carolina Department of Health and Environmental Control at its regularly-schedul ed 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 Departmentof 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 pr esented. 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 desi ring 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:This statement of need and reasonableness was de termined 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 Stat e Implementation Plan (SIP)

. Purpose of Regulation: These amendments will maintain conf ormity 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 Prot ection Agency (EPA) promulgates amendments to Federal regulations to include clarification, guidance and technical amendments. States are mandated by law to adopt these Federal amendmen ts. These amendments are reasonable as they promote consistency and ensure compliance w ith 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 pr oposed 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 ENVIRONM ENT 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, whic h are believed to be be neficial to the public health and environment, would be compromised if these amendments were not adopted in South Carolina.Text: The full text of this regulation is available on the South Carolina General Assembly Home Page: http://www.scstatehouse.gov/regnsrch.htm. Full text may also be obtained from the promulgating agency.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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## -._ ...**_---.-~** 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**2 

# • 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 

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Grainger Reporting Service (803) 798-26793 

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• SCDHEC Info Forum, 8/24/2009 I N D E X

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

Certificate of Court Reporter

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Grainger Reporting Service (803) 798-26794 

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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) 798-26795 

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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) 798-26796 

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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) 798-26797 

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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) 798-26798 

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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) 798-26799 

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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.


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. Notary Public for South Carolina My Commission Expires: 5-18-2015

Grainger Reporting Service (803)**798~2679**