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

The Department proposes amending R.61-62, Air Pollution Control Regulations and Standards and the South Carolina Air Quality Implementation Plan (State Implementation Plan or SIP). Amendments are to be made to R.61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards; and R.61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories; to incorporate federal amendments promulgated from January 1, 2020, through December 31, 2020.

The Department also proposes amending R.61-62.5 Standard 7, Prevention of Significant Deterioration (PSD), and R.61-62.5, Standard No. 7.1, Nonattainment New Source Review (NSR), to incorporate EPA’s clarification of Project Emissions Accounting, as published in the Federal Register on November 24, 2020 (85 FR 74890), to incorporate EPA’s corrections to NSR regulations (publication in the Federal Register forthcoming), and to make other amendments, as necessary, to maintain compliance with federal law. This proposed amendment is to ensure compliance with federal law.

The Department further proposes amending R.61-62.70, Title V Operating Permit Program, to codify relevant federal amendments to Title V provisions, as published in the Federal Register on February 5, 2020 (85 FR 6431), to ensure compliance with federal law.  

The Department also proposes other changes to Regulation 61-62, Air Pollution Control Regulations and Standards, as deemed necessary to maintain compliance with federal law. These changes may include corrections or other changes for internal consistency, clarification, reference, punctuation, codification, formatting, and spelling, and overall improvement to the text of Regulation 61-62.

In accordance with S.C. Code Section 1-23-120(H), legislative review is not required because the Department proposes promulgating the amendments to maintain compliance with federal law.

Timeline

Notice of Drafting Publication	March 26, 2021
Notice of Drafting Comment Period	March 26 - April 26, 2021
Stakeholder Meeting(s)	See Below
Presentation to DHEC Board	August 12, 2021
Notice of Proposed Regulation Publication	August 27, 2021
Notice of Proposed Regulation Comment Period	August 27 - September 27, 2021
Anticipated Public Hearing before DHEC Board	November 10, 2021

Stakeholder Engagement

TBD

Contact

Mary Peyton Wall, Manager
803-898-4064