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 |
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Stakeholder Engagement
TBD
Contact
Mary Peyton Wall, Manager
803-898-4064