1. Notice of Proposed Rulemaking: 2023- 2024 End of Year Revisions – On October 24, 2022, the Department published a Notice of Proposed Regulation in the South Carolina State Register, amending Regulation 61-62, Air Pollution Control Regulations and Standards.
Specifically, the Department proposes amending 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 by reference federal amendments promulgated from January 1, 2023, through December 31, 2024.
The Department also proposes amending Regulation 61-62.60, Subpart CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units, Subpart DDDD, Performance Standards and Compliance Times for Existing Commercial and Industrial Solid Waste Incineration Units, Subpart EEEE, Standards of Performance for Other Solid Waste Incineration Units for Which Construction Is Commenced After December 9, 2004, or for Which Modification or Reconstruction Is Commenced on or After June 16, 2006, and Subpart FFFF, Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction on or Before December 9, 2004, to incorporate recent federal amendments to standards of performance under 40 CFR Part 60, Subparts CCCC and EEEE, and to update and clarify the applicability and scope of EPA emission guidelines provisions (found at 40 CFR Part 60, Subparts DDDD and FFFF) incorporated by the Department to ensure compliance with federal law.
The Department also proposes amending R.61-62.97, Cross-State Air Pollution Rule (CSAPR) Trading Program, and the SIP, to incorporate by reference recently promulgated federal amendments to the CSAPR NOX Annual Trading Program (found in 40 CFR Part 97, Subpart AAAAA) and the CSAPR SO2 Group 2 Trading Program (found in 40 CFR Part 97, Subpart DDDDD) as necessary to maintain compliance with federal law.
The Department further proposes other changes to R.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, spelling, and overall improvement to the text of R.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.
Please contact Scott Bigleman at scott.bigleman@des.sc.gov if you have any questions. This notice can be found at: http://www.scstatehouse.gov/
