2022 Triennial Review

EPA Triennial Kickoff

The EPA provided the Department with several recommendations to consider during the triennial review in a letter sent to the Department on August 3, 2021.

EPA’s 2022 Triennial Review Kickoff Letter

Notice of Drafting

The Notices of Drafting for the 2022 triennial review of Regulation 61-68, Water Classifications and Standards, and Regulation 61-69, Classified Waters, were published in the State Register on Friday, February 25, 2022. The public comment period closed on March 28, 2022.

R.61-68 Notice of Drafting (02-25-2022)
R.61-69 Notice of Drafting (02-25-2022)

The Department received the following comments in response to the Notice of Drafting:

The Department offers the following summary response to comments:

Summary of Public Comments and Department Responses

Water Quality Standards Rule

EPA’s Water Quality Standards Regulatory Revisions were finalized in August 2015. The following document provides a summary of these revisions and describes how the final rule affects the 2022 Triennial Review.

EPA’s 2015 Water Quality Standards Regulatory Revisions

Stakeholder Meetings

The Department hosted two stakeholder meetings to discuss the Notice of Drafting and to receive stakeholder input regarding water quality standards issues and potential revisions to R.61-68 and R.61-69. 

Stakeholder Meeting #1

Stakeholder Meeting #2

Proposed Regulation

The proposed amendments to R.61-68, which the Department is considering include:

  • a standard for aquatic life ambient water quality criteria for aluminum
  • a revised recreational water quality standard for bacteria
  • a reorganized description clarifying the requirements of an alternatives analysis

Additionally, the Department is considering proposed amendments to R.61-69 to clarify and correct, as needed, waterbody names, counties, classes, and descriptions.

Department staff had initially considered including revisions to address narrative flow standards during this triennial review. However, staff determined more stakeholder involvement was necessary to evaluate appropriate revisions to narrative flow standards. Therefore, a separate regulatory promulgation process to specifically address this issue was initiated by the Department in July 2022. See the narrative flow standards webpage to find the most updated information regarding possible amendments to these standards. 

The proposed amendments to R.61-68 and R.61-69 were presented to the DHEC Board on August 11, 2022. Following Board approval, the Notices of Proposed Regulation were published in the State Register on August 26, 2022.

As described in each notice, interested persons may submit comment(s) on the proposed amendments to Andrew Edwards, Water Quality Standards Coordinator of the Bureau of Water; S.C. Department of Health and Environmental Control, 2600 Bull Street, Columbia, S.C. 29201; edwardaj@dhec.sc.gov. 

To be considered, the Department must receive the comment(s) by 5:00 p.m. on September 26, 2022, the close of the comment period.

The Department received the following comments in response to the Notice of Proposed Regulation:

The Department offers the following summary response to comments:

Staff Informational Forum

The Department hosted a Staff Informational Forum on Tuesday, September 20, 2022, to answer questions, clarify any issues, and receive comments from interested persons on the proposed amendments to R.61-68 and R.61-69. 

•    Tuesday, September 20, 2022, 2:00 pm - 3:00 pm
     Microsoft Teams Virtual Meeting
     Please contact Andrew Edwards at edwardaj@dhec.sc.gov for meeting access information.

Final Regulation

The final revisions for Regulation 61-68 include changes to the text based on comments received in response to the Notice of Proposed Regulation that was published in the August 26, 2022, State Register. The following changes are being proposed for the Notice of Final Regulation.

  • R.61-68.E.2 – replacing “items 3-17” with “items 3-19” based on comments from EPA Region 4
  • R.61-68.G.4 – adding a comma based on comments from IDEXX
  • R.61-68.G.6 – adding a comma based on comments from IDEXX
  • R.61-68.Appendix – based on comments from SC Chamber of Commerce Department staff will delay the proposed adoption of the EPA recommended aluminum criteria for freshwater until the impacts to the State of this proposed regulatory change are further evaluated.

Public Hearing

The S.C. Board of Health and Environmental Control conducted a public hearing to review the final regulation during its November 10, 2022, 10:00 am meeting. Interested persons were able to make oral and/or submit written comments at the public hearing. The meeting took place in the Board Room of the DHEC Building, located at 2600 Bull Street, Columbia, S.C. 29201. The hearing was also livestreamed on the Department’s website and remains available for viewing at: https://livestream.com/accounts/10521602/events/10675679. The public hearing for these revisions begins at timestamp 1:04:40.

Legislative Review

The proposed amendments were referred to both the House Natural Resources and Environmental Affairs Committee and the Senate Agriculture and Natural Resources Committee at the beginning of the 2023 legislative session. In accordance with the South Carolina Administrative Procedures Act If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Department staff presented the triennial review to members of the South Carolina House of Representatives Environment and Natural Resources Subcommittee on March 7, 2023, to members of the South Carolina Senate Agriculture and Natural Resources Subcommittee on March 8, 2023, and to the full House of Representatives Committee on April 6, 2023. Following legislative review, the General Assembly took no action on the revisions to R.61-68 and R.61-69. The final revisions to both regulations were published as final in the May 26, 2023, State Register.

EPA Review

On September 27, 2023, Department staff submitted the results of the 2022 triennial review to EPA for review. EPA staff completed their review pursuant to Section 303(c) of the Clean Water Act. On December 12, 2023, EPA staff sent the final decision document to the Department approving all revisions to the water quality standards.

Contact

If you have any questions or comments regarding the 2022 Triennial Review, please contact Andrew Edwards at edwardaj@dhec.sc.gov or 803-898-1271.