# Appendix A Notice of Drafting, Notice of Proposed Regulation,

And Staff Informational Forum Sign-In Sheet and TranscriptNotice of Drafting: February 26, 2010................................................................................3 Notice of Proposed Regulation: June 25, 2010....................................................................5 Staff Information Forum Sign-In Sheet.............................................................................10 Transcript of Staff Informational Forum: July 26, 2010....................................................12

### Notice of Drafting: February 26, 2010DRAFTING NOTICES 17

South Carolina State Register Vol. 34, Issue 2 February 26, 2010 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq. Notice of Drafting: The Department of Health and Environmental Contro l 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 Alan Hancock, Regulatory Development Section, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201, or via electronic mail at hancocam@dhec.sc.gov . To be considered, comments must be received by March 29, 2010, the close of the drafting comment period. Synopsis: The United States Environmental Protection Agency (EPA ) promulgates amendments to 40 CFR Parts 51, 60, 61, 63 and 72 throughout each calendar year. Recent federal amendments include clarification, guidance and technical amendments regarding New Source Performan ce Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and NESHAP for Source Categories. The Department proposes to amend Regulation 61-62.1, De finitions and General Requirements, to incorporate amendments to the definition of Volatile Organic Compounds (VOCs) promulgated by the EPA on January 12, 2009. The Department also proposes to amend Regulati ons 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards; 61-62.61, Nationa l Emission Standards for Hazardous Air Pollutants; 61-62.63, National Emission Standard s for Hazardous Air Pollutants (NESHAP) for Source Categories; and 61.62.72, Acid Rain, to incorporate by reference rece nt federal amendments promulgated during the period from January 1, 2009, through December 31, 2009. The Department may also propose typographical correc tions 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.

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq. Notice of Drafting: The Department of Health and Environmental Control proposes to make revisions to Regulation 61-62, Air Pollution Control Regulations and Standards; Regulati on 61-86.1, Standards of Performance for Asbestos Projects; and the South Carolina Air Quality Implementa tion Plan (SIP). This notice is being published to renew and supplement the revisions previously establis hed by the September 26, 2008, Notice of Drafting published in Volume 32, Issue 9 of the South Carolina State Register. Interested persons are invited to present their views in writing to Andrew Hollis, Regulatory Development Section, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201. Comments may also be submitted via email to hollisao@dhec.sc.gov . To be considered, written comments must be received by March 29, 2010, the close of the drafting comment period.

### Notice of Proposed Regulation: June 25, 201024 PROPOSED REGULATIONS

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 Document No. 4131 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 51, 60, 61, 63 and 72 throughout each calendar year. Recent federal amendments include clarification, guidance and technical amendments regarding New Source Performan ce Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and NESHAP for Source Categories. The Department proposes to amend Regulation 61-62.1, Definitions and General Requirements, and the State Implementation Plan (SIP) to incorporate amendmen ts to the definition of Volatile Organic Compounds (VOCs) promulgated by the EPA on January 21, 2009. The Department also proposes to amend Regulation 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards; 61-62.61, National Emission Standards for Hazardous Air Pollu tants; 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 amendmen ts promulgated from January 1, 2009, through December 31, 2009. The Department also proposes to amend Regulation 61-62. 60, South Carolina Designate d Facility Plan and New Source Performance Standards, Subpart I, Standards of Performance for Asphalt Concrete Plants, to change the name of the Subpart to match 40 CFR 60 Subpart I. Pursuant to S.C. Code Section 1-23-120(H)(1), the proposed amendments in this Notice will not be more st ringent than the current federal requirements and thus do not require legislative review. A Notice of Drafting was published in the State Regi ster and on the Bureau of Air Quality Regulatory Development website on February 26, 2010. Notice of the Department’s in tent to draft these regulations was also published on the DHEC Regulatory Internet site in its DHEC Regulation Development Update. No comments were received. Since this amendment is consis tent 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: Regulation, 61-62.1, Subpart A, Definitions: The definition of Volatile Organic Co mpounds is revised to add propylene carbonate and dimethyl carbonate to the list of chemicals that are excluded as Volatile Organic Compounds. Regulation, 61-62.60: Tables in Subparts A, Ce, D, Da, Db, Dc, Ec, Y, NNN, OOO, and KKKK are amended to incorporate revisions by reference. Regulation, 61-62.60: Title of Subpart I is corrected. Regulation, 61-62.61: Table in Subpart A is amended to incorporate revisions by reference. Regulation, 61-62.63: Tables in Subparts A, CC, and YYYYY are amended to incorporate revisions by reference.PROPOSED REGULATIONS 25

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 Regulation, 61-62.63: Subparts VVVVVV, ZZZZZZ, AAAAA AA, BBBBBBB, and CCCCCCC are added and incorporate regulations by reference. Regulation, 61-62.72: Table in Subpart A is amended to incorporate revisions by reference. Notice of Staff Informational Fo rum and Public Comment Period: Staff of the South Carolina Department of Health and Environmental Contro l invites interested members of the public to attend a staff-conducted informational forum to be held on July 26, 2010, at 10:00 a.m. in the Wallace Room (3141) at the South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC. The purpose of the forum is to answer questions, clarify any issues, and receive comments from interested persons on the proposed am endments to Regulation 61-62, Air Pollution Control Regulations and Standards and the SIP. Please use the Bull Street entrance. Interested persons are also provided an opportunity to submit written comments to Alan Hancock by mail at Bureau of Air Quality, South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC 29201; by facsimile at (803) 898-4117; or by e-mail at hancocam@dhec.sc.gov . To be considered, comments must be received no later than 5: 00 p.m. on July 26, 2010, the close of the comment period. Comments received at the forum or during th e write-in public comment period by the deadline requested above shall be submitted to the Board in a Summary of Public Comments and Department Responses for consideration at the public hearing as noticed below. Copies of the proposed regulation for public notice and comment may be obtained by contacting Alan Hancock at the South Carolina Department of Health and Environmental Control, Bureau of Air Quality, 2600 Bull Street, Columbia, SC 29201; by ca lling (803) 898-4139; or by emailing hancocam@dhec.sc.gov . A copy may also be obtained on the Department’s Regulatory Information Internet Site at http://www.scdhec.gov/administration/regs/ in its DHEC Regulation Devel opment Update. To access this document, click on the Air category, then scan down for this proposed amendment. Notice of Public Hearing and Opportunity for Public Comment: Interested members of the public and regulated community are invited to comment on the proposed amendments to Regulation 61-62, Air Pollution Control Regulations and Standards, and the SIP at a public hearing to be conducted by the Board of the South Caro lina Department of Health and Environmental Control at its regularly-scheduled meeting on November 10, 2010 . 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 d esiring to make oral comments at the hearing are asked to limit their statements to five minutes or less, and as a courtesy are asked to provide written copies of their presentation to the Clerk of the Bo ard for inclusion for the record. Statement of Need and Reasonableness: This statement of need and reasonableness was determined by staff analysis pursuant to S.C. Code Section 1- 23-115(C)(1)-(3) and (9)-(11). DESCRIPTION OF REGULATION:26 PROPOSED REGULATIONS

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 Purpose: The Department proposes to amend Regulation 61-62.1, Definitions and General Requirements, and the SIP to incorporate amendments to the definition of Volatile Organic Compounds (VOCs) promulgated by the EPA on January 21, 2009. The Department also proposes to amend Regulation 61-62.60, South Carolina Designated Facility Plan and New Source Performance St andards; 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 in corporate by reference recent federal amendments promulgated from January 1, 2009, through December 31, 2009. The Department also proposes to amend Regulation 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards, Subpart I, Standards of Performance fo r Asphalt Concrete Plants to change the name of the Subpart to match 40 CFR 60 Subpart I. Legal Authority: The legal authority for R. 61-62, Air Pollution Control Regulations and Standards, is S.C. Code Section 48-1-10 et seq. Plan for Implementation: The proposed amendments will take effect upon approval by the Board of Health and Environmental Control and publication in the State Regi ster. The proposed amendmen ts will be implemented by providing the regulated community with copies of th e regulation, and sending an email to stakeholders. DETERMINATION OF NEED AND REASONABLENESS OF THE PROPOSED REGULATION BASED ON ALL FACTORS HEREIN AND EXPECTED BENEFITS: The EPA promulgates amendments to 40 CFR Parts 51, 60, 61, 63 and 72 throughout each calendar year. Recent federal amendments include clarification, gui dance and technical amendments regarding New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and NESHAP for Source Categories. States are mandated by law to adopt these federal amendments. These amendments are reasonable as they promote consistenc y 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 po litical subdivisions resulting from this proposed revision. The standards to be adopted are already effective and applicable to the regulated community as a matter of federal law, thus regulated community has already incurred the cost of these regulations. The proposed amendments will benefit the regulated community by cl arifying the regulations and increasing their ease of use. UNCERTAINTIES OF ESTIMATES: There are no uncertainties of estimates relative to the costs to the State or its political subdivisions. EFFECT ON ENVIRONMENT AND PUBLIC HEALTH: Adoption of the recent changes in federal regulations through the proposed amendments to R. 61-62, Air Pollution Control Regulations and Standards, and the SIP will provide continued protection of the environment and public health. DETRIMENTAL EFFECT ON THE ENVIRONMENT A ND PUBLIC HEALTH IF THE REGULATIONS ARE NOT IMPLEMENTED: The State’s authority to implement federal requirement s, which are beneficial to the public health and environment, would be compromised if these ame ndments were not adopted in South Carolina.PROPOSED REGULATIONS 27

South Carolina State Register Vol. 34, Issue 6 June 25, 2010 Text: The full text of this regulation is available on the South Carolina General Assembly Home Page: http://www.scstatehouse.gov/regnsrch.htm. Full text may also be obtained from the promulgating agency.

Document No. 4130 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq. 61-62.1. Definitions and General Requirements 61-86.1. Standards of Performance for Asbestos Projects
Preamble: Pursuant to S.C. Code Section 48-1-50, the South Carolina Department of Health and Environmental Control (Department) proposes to amend S.C. Regulation 61-62 , Air Pollution Control Regulations and Standards, Regulation 61-86.1, Standards of Performance for Asbest os Projects, and the State Implementation Plan (SIP) to correct typographical errors, update definitions, provide clarification, simplify the permit process, and delete or update obsolete requirements to ensure that we are efficiently and effectively meeting our goals of promoting and protecting the public health and the environment. In particular, the Department proposes to amend R.61- 62.1, Definitions and Gene ral Requirements, and the SIP to update and correct definitions and permit requireme nts; R. 61-62.5, Standard 1, Emissions From Fuel Burning Operations, to exclude the requirement for natu ral gas fired units to maintain a log of periods of startup and shutdown; R. 61-62.5, Standa rd 2, Ambient Air Quality Standards , to remove the standard for Total Suspended Particle (TSP) a nd update the exceedance limitation fo r the carbon monoxide (CO) standard; R.61-62.5, Standard No. 4, Emissions from Process Indus tries, to modify the regulatory strategy for cotton gins; and clarify the definition for major source threshold throughout 61-62. The Department also proposes to delete R. 61-62.5, Standard 6, Alternative Emission Limitation Options (“Bubble”); and update R. 61-62 to correct typographical errors, correct grammatical errors , provide clarification, a nd delete or update obsolete requirements to improve overall quality of the reg. The Department also proposes to amend R. 61-86.1, Standa rds of Performance for Asbestos Projects, to revise Section XX.A.4 and add Section XX.J.3 to change the re quired frequency of building inspections for industrial manufacturing and electrical generating facilities from 3 years to 5 years. Pursuant to S.C. Code Section, 1-23-120(H)(1), the proposed amendments to R. 61-62, Air Pollution Control Regulations and Standards , R. 61-86.1, Standards of Performance for Asbestos Projects , and the SIP will require legislative review. Notices of Drafting were published in the South Carolina State Register on September 26, 2008, in Volume 32, Issue No. 9; and on February 26, 2010, in Volume 34, Issue No. 2. The purpose of the second Notice of Drafting was to extend the drafting period initially estab lished by the September 26, 2008, drafting notice. The latest drafting comment peri od ended on March 29, 2010. Discussion of Proposed Revisions: SECTION CITATION/EXPLANATION OF CHANGE: S.C. Regulation 61-62.1, Definitions and General Requirements

### Staff Information Forum Sign-In SheetSign-In 

### Sheet For Public Hcaring

Synopsis: The Departmcnt proposes to amend Regulation 6 1-62.1. Deiinitions and General Requirements, and the SIP to incorporate amendments to the definition of Volatile Organic Compou~lds (VOCs) promulgated by the EPA on January 21, 2009. The Department also proposes to amend Regulation 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 from January 1, 2009, through December 3 1, 2009. The Department also proposes to amend Regulation 61 -62.60, South Carolina Designated Facility Plan and New Source Performance Standards, Subpart 

### I, Standards of Performance for Asphalt Concrete Plants to change the name of the Subpart to match 40 CFR 60 Subpart I.. Pursuant to the Clean Air Act, U.S.C. fj 7401(k)(5) et seq., and the aforementioned Federul Register Notices, the changes are Federally mandated, therefore pursuant to S.C. Code Ann. $ 1 -23-120(H)(l), General Assembly review is not required



### Name I 

### Representing 

## 1 Mailing Address Telephone Number & 

### Email Address

### Transcript of Staff Informa tional Forum: July 26, 2010

### STATE OF SOUTH CAROLINA ) 

### BEFORE THE SOUTH CAROLINA BOARD OF HEALTH AND COUNTY OF RICHLAND ) 

### ENVIRONMENTAL CONTROL

INFORMATIONAL FORUM: 

### 1 PROPOSED REVISIONS TO REGULATION 61-62, AIR POLLUTION CONTROL REGULATIONS AND STANDARDS AND ) 

### TRANSCRIPT OF THE SOUTH CAROLINA AIR QUALITY ) 

### IMPLEMENTATION PLAN (SIP) ) 

### PROCEEDINGS STATE REGISTER DOCUMENT

Informational Forum held at the South Carolina Department of Health and Environmental Control, before Facilitator Alan Hancock in the Wallace Room, 2600 Bull Street, Columbia, South Carolina, on Monday, July 26, 2010, commencing at 10:lO o'clock, A.M. and ending at 10:15 o'clock, A.M., in the above-entitled matter, taken before Faye A. Grainger, Certified Court Reporter.

FAYE A. GRAINGER, d/b/a GRAINGER REPORTING SERVICE Post Office Box 532 I-, South Carolina 29063 (803) 798-2679 fayegrainger@bellsouth.netDHEC INFO FORUM, 7/26/2010


### APPEARANCES: DHEC Staff Present: Alan Hancock, Facilitator Robert Brown

Faye A. Grainger Court Reporter

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 7/26/2010
INDEX

FACILITATOR HANCOCK

...........................

CERTIFICATE OF COURT REPORTER

....................

Grainger Reporting Service (803) 798-2679 3

PAGE

4

9DHEC INFO FORUM, 7/26/2010 4



### PROCEEDING

FACILITATOR HANCOCK: Good morning,

my name is Alan Hancock 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:lO a.m. on Monday, July 26th, 2010 at the duly announced location. Public notice of this hearing was published in the State Register on Friday, June 25th, 2010. 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 public record as though it were read. 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 proposed revisions to Regulation 61-62, Air

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 7/26/2010 5 

### Pollution Control Regulations and Standards and the South Carolina Air 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 registered. 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 United States Environmental Protection Agency, or EPA, promulgates amendments to 40 CFR Parts 51, 60, 61, 63

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 7/26/2010 6 and 72 throughout each calendar year. Recent federal amendments include clarification, guidance and technical amendments regarding New Source Performance Standards or NSPS, National Emission Standards for Hazardous Air Pollutants or NESHAP and NESHAP for Source Categories. The Department proposes to amend Regulation 61-62.1, Definitions and General Requirements, and the State Implementation Plan or SIP to incorporate amendments to the definition of Volatile Organic Compounds or VOCs promulgated by the EPA on January 21st, 2009. The Department also proposes to amend Regulation 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 for Source Categories; and 61-62.72, Acid Rain, to incorporate by reference recent federal amendments promulgated from

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 7/26/2010 

### 7 January lst, 2009 through December 31st, 2009. The Department also proposes to amend Regulation 61-62-60! South Carolina 

### Designated Facility Plan and New Source Performance Standards, Subpart I, Standards of Performance for Asphalt Concrete Plants, to change the name of the Subpart to match 40 CFR 60, Subpart I.
Pursuant to South Carolina Code Section 1- 

### 23-120(H)(l), the proposed amendments in this Notice will not be more stringent than the current federal requirements and thus do not require legislative review.
A ~otice of Drafting was published in the State Register and on the Bureau of Air Quality Regulatory Development website

on February 26th, 2010. Notice of the Department's intent to draft these regulations was also published on the DHEC Regulatory Internet site and in its DHEC Regulation Development Update. No comments were received. Since this amendment is consistent with federal law, neither a preliminary fiscal impact
statement nor a preliminary assessment

Grainger Reporting Service (803) 798-2679FORUM, 7/26/2010 

### 8 report is required.

At this point, I will recognize
anyone who wishes to comment on the proposed revisions.
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 comments, this forum is adjourned. Thank you for your attendance and participation here today. Thereupon, at 10:15 a.m. on the same day, the forum was concluded. (Thereupon, at 10:15 o'clock, A.M., the same day, the informational forum was concluded)

Grainger Reporting Service (803) 798-2679DHEC INFO FORUM, 7/26/2010 

### 9 STATE OF SOUTH CAROLINA ) 

### 1 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 testimony; 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 29th day of July, 2010. 

# a- a,l.&bYU- 

# - Faye Zd 

### Grainser ~okar~ ~ub1ic-f or ~~utr~arolina My Commission Expires: 5-18-2015

Grainger Reporting Service (803) 798-2679