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Regulatory Development

Annual DHEC Regulation Development Report for Fiscal Year 2012 (July 22, 2011 - June 22, 2012) and Updated Listing of Department Regulations

The information provided in this annual report covers regulation development activity for the promulgation of the Department's (DHEC) regulations subject to the provisions of the Administrative Procedures Act (APA) at S.C. Code Ann. Sections 1-23-10 et seq. for FY 2012 (July 22, 2011 through June 22, 2012).

All DHEC Notices of General Public Interest, Notices of Drafting, Notices of Proposed Regulations and Opportunity for Public Comment, and Notices of Final Regulations (new, amended, or repealed) that were published in the South Carolina State Register (State Register),as well as on the Department's Regulatory Information website, are reported, along with the State Register volume, issue and date in which each was published. The State Register is published on the fourth Friday of each month for 12 months per fiscal year. For example: SR 35-7 means that the document was published in State Register Volume 35 Issue 7 on July 22, 2011. SR 36-1 means that the document was published in State Register Volume 36 Issue 1 on January 27, 2012.

This report also includes actions taken by the Board of Health and Environmental Control (Board) on proposed regulations. Also added is a listing of all Department Regulations and effective dates through June 22, 2012.

Items herein are reported by category in the order set forth below:

State Register Notices of General Public Interest:

The Department published 41 notices of general public interest in the State Register this reporting period; these notices were also published on the Department's Regulatory Information website at http://www.scdhec.gov/regulatory.htm.

  • Certification of Need [SR 35-7, July 22, 2011; SR 35-8, Aug. 26, 2011; SR 35-9, Sept. 23, 2011; SR 35-10, Oct. 28, 2011; SR 25-11, Nov. 25, 2011; SR 35-12, Dec. 23, 2001; SR 36-1, Jan. 27, 2012; SR 36-2, Feb.24, 2012; SR 36-3, Mar. 23, 2012; SR 36-4, April 27, 2012; SR 36-5, May 25, 2012; June 22, 2012, SR 36-6]
  • Air Quality State Implementation Plan - Rock Hill Fort Mill Area Transportation Study (RFATS) Metropolitan Planning Organization (MPO) 8-Hour Ozone Nonattainment Area [SR 35-7, July 22, 2011]
  • Underground Storage Tanks [SR 35-7, July 22, 2011; SR 35-8, Aug. 26, 2011; SR 35-10, Oct. 28, 2011; SR 36-1, Jan. 27, 2012; SR 36-4, April 27, 2012; SR 36-6, June 22, 2012]
  • Air General Conditional Major Operating Permit for Concrete Plants [SR 35-8, Aug. 26, 2011]
  • Notice of Final Amendment to Air Quality State Implementation Plan - 2008 National Ambient Air Quality Standards (NAAQS) for Lead [SR 35-9, Sept. 23, 2011]
  • Notice of Cancellation and Rescheduling of Public Hearing - State Register Document No. 4193, Proposed New R.61-119, Surface Water Withdrawal, Permitting, Use and Reporting; Repeal of R.121-10, Water Use Reporting and Coordination, and R.121-12, Interbasin Transfer of Water [SR 35-10, Oct. 28, 2011]
  • Air Permitting Guidance [SR 35-11, Nov. 25, 2011]
  • Air Exempt Sources [SR 35-11, Nov. 25, 2011]
  • Errata, Air Pollution Control Regulations and Standards, Re: R. 61-62.1 [SR 35-11, Nov. 25, 2011]
  • Errata Re: Notice to Correct Public Hearing Date in State Register Document 4212 published Oct. 28, 2011 [SR 35-11, Nov. 25, 2011]
  • Air Hot Mix Asphalt Plants [SR 35-12, Dec. 23, 2011]
  • Notice of Settlement, Contribution Protection, and Comment Period: S.C. Department of Health and Environmental Control vs. Horton Sales Development Corp., et al, Civil Action No. 6:11ev1 657-HMH [SR 35-12, Dec. 23, 2011]
  • Errata, Air Pollution Control Regulations and Standards, Re: R.61-62.1 [SR 36-1, Jan. 27, 2012]
  • Air Quality State Implementation Plan - Re: National Ambient Air Quality Standards (NAAQS) and CAA Permits and Enforcement Orders [SR 36-2, Feb. 24, 2012]
  • Errata, Air Pollution Control Regulations and Standards, Re: R.61-62.2, 61-62.3, and 61-62.4 [SR 36-2, Feb. 24, 2012]
  • Errata, Air Pollution Control Regulations and Standards, Re: 61-62.70 and 61-62.72 [Mar. 23, 2012, SR 36-3]
  • Notice of Final Amendment to the Air Quality State Implementation Plan [April 27, 2012, SR 36-4]
  • Errata , Air Pollution Control Regulations and Standards, :Re: 61-62-5, Standard 3 [April 27, 2012, SR 36-4]
  • General Conditional Major Air Pollution Operating Permit for Fuel Combustion Operations [May 25, 2012, SR 36-5]
  • General Conditional Major Operating Permits for Textile Greige Operations, Fuel Combustion Operations, and Concrete Plants [May 25, 2012, SR 36-5]
  • Notice of Settlement, Contribution, and Comment Period: Re: South Carolina Department of Health and Environmental Control vs. Horton Sales Development Corp., et al, Civil Action No. 6:11cv1657-HMH [May 25, 2012, SR 36-5]
  • Notice to Amend the S.C. Air Quality State Implementation Plan Re: Infrastructure SIP requirements to provide for the implementation, maintenance, and enforcement of the NAAQS [May 25, 2012; SR 36-5]
  • Errata, Air Pollution Control Regulations and Standards ( Re: R.61-62.5, Standards 1 and 7.1) [May 25, 2012, SR 36-5]
  • Notice of Settlement, Contribution Protection, and Comment Period: South Carolina Department of Health and Environmental Control vs. Horton Sales Development Corp., et al., Civil Action No. 6:11cv1657-HMH [June 22, 2012, SR 36-6]
  • Errata, Air Pollution Control Regulations and Standards, Re: R.61-62.96 and R.61-62.99 [June 22, 2012, SR 36-6]
  • State Health Plan Notice of Public Hearing Dates [June 22, 2012, SR 36-6]

State Register Notices of Drafting:

During this reporting period the Department published nine notices of intent to draft regulations in the State Register; these notices were also published in the DHEC Regulation Development Update on the Department's Regulatory Information website at http://www.scdhec.gov/regulatory.htm:

  • Proposed Amendments of R.61-24, Licensed Midwives [SR 35-7, July 22, 2011]
  • Proposed amendments of R.61-68, Water Classifications and Standards, and R.61-69, Classified Waters [SR 35-7, July 22, 2011]
  • Proposed Amendments of R.61-81, State Environmental Laboratory Certification [SR 35-7, July 22, 2011]
  • Proposed Amendments of R.61-51, Public Swimming Pools [SR 35-9, Sept. 23, 2011]
  • Proposed New R.61-120, South Carolina Immunization Registry [SR 35-10, Oct. 28, 2011]
  • Proposed Amendments of R.61-62, Air Pollution Control Regulations and Standards (Re: 61-62, 61-62.60, 61-62.61, 61-62.63, 61-62.5, Standards 2 and 7) [SR 35-10, Oct. 28, 2011]
  • Proposed Amendments of R.61-79, Hazardous Waste Management Regulations [SR 35-11, Nov. 25, 2011]
  • Proposed New R.61-___, Standards for Licensing of In-Home Care Providers. [SR35-12, Dec. 23, 2011]
  • Proposed Amendment of R.61-4, Controlled Substances [SR 36-6, June 22, 2012]

DHEC Board Initial Approvals to Public Notice Proposed Regulations:

During this reporting period the Department's Board approved eight proposed regulations for public notice:

  • June 8, 2011: Proposed Amendment of R.61-69, Classified Waters (Re: Reedy Cover Creek and Lake Chillywater) [SR 35-6, June 8, 2011]
  • July 14, 2011: Proposed New R.61-119, Surface Water Withdrawal, Permitting, Use and Reporting; and Repeals of R.121-10, Water Use Reporting and Coordination, and R.121-12, Interbasin Transfer of Water
  • Sept. 8, 2011: Proposed New R.61-117, Access to Restricted Information
  • Oct. 13, 2011: Proposed Amendments of R.61-68, Water Classifications and Standards, and R.61-69, Classified Waters.
  • Oct. 13, 2011: Proposed Amendments of R.61-24, Licensed Midwives.
  • Dec. 8, 2011: Proposed New R.61-120, South Carolina Immunization Registry.
  • May 8, 2012: Proposed New R.61-__, Standards for Licensing In-Home Care Providers.
  • Jan. 12, 2012: Proposed amendments of R.61-62, Air Pollution Control Regulations and Standards (Re: 61-62; 61-62.1; 61-62.60; 61-62.63; 61-62.5, Standards 2 and 7.

State Register Notices of Proposed Regulations and Opportunity for Public Comment:

During this reporting period the Department published eight Notices of Proposed Regulations and Opportunity for Public Comment in the State Register. Notice was also published in the DHEC Regulation Development Update on the Department's Regulatory Information website at http://www.scdhec.gov/regulatory.htm:

  • Document No. 4192, Proposed Amendment of R.61-69, Classified Waters (Re: Reedy Cove Creek and Lake Chillywater) [SR 35-7, July 22, 2011]
  • Document No. 4193, Proposed New R.61-119, Surface Water Withdrawal, Permitting, Use and Reporting; Repeal of R.61-121-10, Water Use Reporting and Coordination, and Repeal of R.61-121-12, Interbasin Transfer of Water [SR 35-8, Aug. 26, 2011]
  • Document No. 4197, R.61-117, Access to Restricted Information [SR 35-9, Sept. 23, 2011]
  • Document No. 4210, Proposed Amendments of R.61-24, Licensed Midwives [SR 35-10, Oct. 28, 2011]
  • Document No. 4212, Proposed Amendments of R.61-68, Water Classifications and Standards, and R.61-69, Classified Waters [SR 35-10, Oct. 28, 2011]
  • Document No. 4259, Proposed New R.61-120, South Carolina Immunization Registry [SR 35-12, Dec. 23, 2011]
  • Document No.4280, Proposed Amendments of R.61-62, Air Pollution Control Regulations and Standards (Re: 61-62; 61-62.60; 61-62.1; 61-62.63; 61-62.5, Standards 2 and 7) [SR 36-1, Jan. 27, 2012]
  • Document No. 4288, Proposed New R.61-___ Standards for Licensing In-Home Care Providers [SR 36-5, May 25, 2012]

Public Hearings Conducted by the Board of Health and Environmental Control on Proposed Regulations:

During this reporting period the Board conducted six public hearings on the proposed regulations listed below pursuant to S.C. Code Ann. Section 1-23-111:

  • Public Hearing Dec. 8, 2011:
    Document No. 4197, R.61-117, Access to Restricted Information.
    [Approved for submission to the S.C. General Assembly for review.]
  • Public Hearing Dec. 8, 2011:
    Document No. 4193, Proposed New R.61-119, Surface Water Withdrawal, Permitting, Use and Reporting; Repeal of R.61-121-10, Water Use Reporting and Coordination, and R.61-121-12, Interbasin Transfer of Water.
    [Approved for submission to the S.C. General Assembly for review.]
  • Public Hearing Jan. 12, 2012:
    Document No. 4212, Proposed Amendments of R.61-68, Water Classifications and Standards, and R.61-69, Classified Waters.
    [Approved for submission to the S.C. General Assembly for review.]
  • Public Hearing: April 12, 2012.
    Document No. 4280, R.61-62, Air Pollution Control Regulations and Standards (Re: 61-62; 61-62.60; 61-62.63, and 61-62.5, Standards 2 and 7) -
    [Approved for publication in the State Register as a final regulation.]
  • Public Hearing Jan. 12. 2012, and Board Final Consideration May 8, 2012
    Document No. 4210, Proposed Amendments of R.61-24, Licensed Midwives.
    Approved for submission to the S.C. General Assembly for review.
  • Public Hearing Feb. 9, 2012, and Board Final Consideration on June 14, 2012.
    Document No. 4259, Proposed New R.61-120, South Carolina Immunization Registry.
    Approved for submission to the S.C. General Assembly for review.

State Register Notices of Final Regulations and Effective Dates:

During this reporting period the Department repealed five regulations, amended six existing regulations, and added two new regulations:

Regulations Repealed:

Regulations Amended:

New Regulations Added:

Regulations Withdrawn:

  • Document No. 4132, Proposed Amendment of R.61-30, Environmental Protection Fees (Re: Radioactive Materials Licensing Fees)-Withdrawn due to close of two year legislative session - 2011-2012.
  • Document No. 4179, Proposed New R.61-118, Electronic Equipment Collection and Recovery - Permanently withdrawn by DHEC

Listing of All SCDHEC Regulations and Effective Dates as of June 22, 2012:

This listing of Department regulations below and effective dates is current through June 22, 2012, and supersedes any previous listing. Regulations can be changed any time of year by promulgation of an amendment or repeal, or by adding a new regulation subject to the provisions of the Administrative Procedures Act (APA) at S.C. Code Ann. Section 1-23-10 et seq. The most current version of a regulation is the valid version and would supersede any previous version. Every effort has been made to maintain the accuracy of this listing; however, the Department reserves the right to correct a date if an error is discovered. Copies of regulations prepared by SCDHEC program staffs may be obtained by contacting the Department's Freedom of Information Office at http://www.scdhec.gov/administration/foi/ or by calling 803-898-3882.

For information on changes in Department regulations after June 22, 2012, be sure to check the DHEC Regulation Development Update that appears on the Department's Regulatory Information Internet Home Page at. http://www.scdhec.gov/regulatory.htm. The Update is published monthly on the fourth Friday, concurrently with the publication of the State Register, and provides information on DHEC regulations that are proposed and pending and those that have completed the APA promulgation process by publication in the State Register as final regulations. FY 2013 regulation development begins with the next issue of the Update on July 27, 2012.

DHEC Regulations

GENERAL COUNSEL

CENTRAL ADMINISTRATION

  • 61-1 Medical and Dental Scholarship Fund [5/23/1974]

PUBLIC HEALTH STATISTICS AND INFORMATION SYSTEMS

  • 61-19 Vital Statistics [eff. 6/28/2002]
  • 61-45 South Carolina Central Cancer Registry [eff. 6/26/1998]

ENVIRONMENTAL QUALITY CONTROL

ADMINISTRATION, EQC

  • 61-30 Environmental Protection Fees [eff. 2/24/2012]
  • 61-115 Environmental Electronic Reporting Requirements [eff. 5/23/2008]

AIR QUALITY

  • 61-62 Air Pollution Control Regulations and Standards[eff.4/27/2012]
  • 61-86.1 Standards of Performance for Asbestos Projects [6/27/2008]

ENVIRONMENTAL HEALTH

  • 61-25 Retail Food Establishments [eff. 6/23/1995]
  • 61-28 Horse Meat and Kangaroo Meat [eff. 12/12/1967]
  • 61-29 Environmental Health Inspections and Fees [eff. 6/26/1992]
  • 61-32 Soft Drink and Water Bottling Plants [eff. 5/28/2004]
  • 61-34 Milk and Milk Products [6/26/2009]
  • 61-34.1 Pasteurized Milk and Milk Products [eff. 5/27/2005]
  • 61-35 Imitation Milk, Imitation Milk Products, and Products Made in Semblance of Milk and Milk Products [eff. 7/27/1976]
  • 61-36 Frozen Desserts [eff. 5/28/2004]
  • 61-37 Retail Food Facility Inspection Fees [eff. 6/28/2002]
  • 61-38 Fairs, Camp Meetings, and Other Gatherings [eff. 2/17/1944]
  • 61-39 Camps [eff. 4/28/1995]
  • 61-40 Mobile/Manufactured Home Parks [eff. 6/27/1986]
  • 61-42 Sanitation of Schools [eff. 1/27/1989]
  • 61-46 Nuisances [eff . 4/6/1972]
  • 61-54 Ice [eff . 5/23/2008]
  • 61-55 Septic Tank Site Evaluation Fees [eff. 6/22/2007]
  • 61-56 Onsite Wastewater Systems [eff. 5/23/2008]
  • 61-56.1 License to Construct or Clean On-Site Sewage Treatment and Disposal Systems and Self-Contained Toilets [eff. 5/27/1994]
  • 61-56.2 Licensure of Onsite Wastewater System Contractors [added eff. 6/26/2009]
  • 61-57 Development of Subdivision Water Supply and Sewage Treatment/Disposal Systems [eff. 4/23/2004]

ENVIRONMENTAL SERVICES

  • 61-81 State Environmental Laboratory Certification Program [eff. 4/11/1980]

LAND AND WASTE MANAGEMENT

  • 61-33 Drycleaning Facility Restoration [eff. 6/27/1997]
  • 61-63 Radioactive Materials (Title A) [eff. 11-26-2010] - This regulation is co-managed by Land and Waste Management and Radiological Health
  • 61-79 Hazardous Waste Management [eff. 3/23/2012]
  • 61-83 Transportation of Radioactive Waste Into or Within South Carolina [eff. 10/27/2006]
  • 61-92 Underground Storage Tank Regulations [eff. 5/23/2008]
  • 61-98 State Underground Petroleum Environmental Response Bank (SUPERB) Site Rehabilitation and Fund Access Regulation [eff. 5/23/1997]
  • 61-99 Hazardous Waste Management Planning [Repealed eff. 3/23/2012]
  • 61-104 Hazardous Waste Management Location Standards [eff. 2/22/1991]
  • 61-105 Infectious Waste Management [eff. 6/25/2010]
  • 61-107 Solid Waste Management [eff.6/26/2009]
  • 89-10 thru -35 GR Office of the Governor - Mining Council of South Carolina [eff. 6/27/2003]
  • 121-8 GR Oil and Gas Exploration, Drilling and Production [eff. 9/28/1984]

WATER

  • 19-450 GR Permits for Construction in Navigable Waters [eff. 6/23/1995]
  • 61-9 Water Pollution Control Permits [11/26/2010]
  • 61-43 Standards for the Permitting of Agricultural Animal Facilities [eff. 6/28/2002]
  • 61-44 Permitting of Individual Residential Wells and Irrigation Wells [eff. 6/25/1999]
  • 61-47 Shellfish [eff.6/27/2008]
  • 61-49 Crabmeat [eff. 4/4/1972]
  • 61-50 Natural Public Swimming Areas [eff. 2/26/1999]
  • 61-51 Public Swimming Pools [eff 6/26/2009]
  • 61-58 State Primary Drinking Water Regulations [eff.8/28/2009]
  • 61-67 Standards for Wastewater Facility Construction [eff. 5/24/2002]
  • 61-67.1 State Water Pollution Control Revolving Fund Loan Assistance [eff. 6/24/1988]
  • 61-68 Water Classification and Standards [eff.6/22/2012]
  • 61-69 Classified Waters [eff. 6/22/2012]
  • 61-71 Well Standards [eff. 4/26/2002]
  • 61-82 Proper Closeout of Wastewater Treatment Facilities [eff. 4/11/1980]
  • 61-87 Underground Injection Control Regulations [eff. 11/24/2000]
  • 61-101 Water Quality Certification [eff. 6/23/1995]
  • 61-110 Total Maximum Daily Loads (TMDLs) for Pollutants in Water [eff. 5/27/2005]
  • 61-113 Groundwater Use and Reporting [Added eff. 6/23/2006]
  • 61-119 Surface Water Withdrawal, Permitting, Use and Reporting [eff. 6/22/2012]
  • 72-1 thru -9 GR Dams and Reservoirs Safety Act Regulations [eff. 7/25/1997]
  • 72-101 thru 72-108 GR Erosion and Sediment Reduction and Stormwater Management Regulations [eff. 6/28/1985](Applicable to state-controlled land)
  • 72-300 thru 72-316 GR Standards for Stormwater Management and Sediment Reduction [eff. 6/28/2002]
  • 72-405 thru 72-445 GR Standards for Stormwater Management and Sediment Reduction [eff. 5/28//1993] (Applicable to SCDOT)
  • 121-10 GR Water Use Reporting and Coordination [Repealed eff. 6/22/2012]
  • 121-12 GR Interbasin Transfer of Water [Repealed eff. 6/22/2012]

HEALTH REGULATIONS

CERTIFICATION OF HEALTH FACILITIES AND SERVICES

  • 61-6 Capital Expenditure Reviews under Section 1122, Social Security Act. [Repealed eff. 3/23/2012]
  • 61-15 Certification of Need for Health Facilities and Services [eff.5/25/2012]
  • 61-31 Health Care Cooperative Agreements [eff. 3/27/1992]
  • 61-95 Medicaid Nursing Home Permits [eff. 5/26/1989]

DRUG CONTROL

  • 61-4 Controlled Substances [eff. 6/27/2003]
  • 61-11 Hypodermic Devices [eff. 5/22/1981]
  • 61-18 Drugs and Devices [eff. 5/8/1978]

HEALTH LICENSING REGULATIONS

  • 61-3 The Practice of Selling and Fitting Hearing Aids [eff. 1/22/1988]
  • 61-7 Emergency Medical Services [eff.4/24/2009]
  • 61-12 Standards for Licensing Abortion Clinics [eff . 6/28/1996]
  • 61-13 Standards for Licensing Habilitation Centers for the Mentally Retarded or Persons with Related Conditions [eff. 3/27/1992]
  • 61-16 Standards for Licensing Hospitals and Institutional General Infirmaries [eff. 4/26/2002]
  • 61-17 Standards for Licensing Nursing Homes [eff. 6/26/2009]
  • 61-24 Standards for Licensing Midwives [eff. 7/23/1993]
  • 61-75 Standards for Licensing Day Care Facilities for Adults [eff. 6/28/1991]
  • 61-77 Standards for Licensing Home Health Agencies [eff. 5/28/1999]
  • 61-78 Standards for Licensing Hospices [eff. 5/24/2002]
  • 61-84 Standards for Licensing Community Residential Care [eff. 6/25/2010]
  • 61-90 Minimum Standards for Licensing Chiropractic Facilities [Repealed eff. 3/23/2012]
  • 61-91 Ambulatory Surgical Facility [eff. 6/27/2003]
  • 61-93 Standards for Licensing Facilities that Treat Individuals for Psychoactive Substance Abuse or Dependence [eff. 5/25/2001]
  • 61-96 Athletic Trainers [5/28/2010]
  • 61-97 Standards for Licensing Renal Dialysis Facilities [eff. 2/26/1993]
  • 61-102 Standards for Licensing Birthing Centers for Deliveries by Midwives [eff. 5/24/1991]
  • 61-103 Residential Treatment Facilities for Children and Adolescents [eff. 4/26/1991]
  • 61-108 Standards for Licensing Freestanding or Mobile Technology [eff. 5/28/2004]
  • 61-109 Standards for Permitting Body Piercing Facilities [eff. 5/24/2002]
  • 61-111 Standards for Licensing Tattoo Facilities [eff. 3/24/2006]
  • 61-116 South Carolina Trauma System [eff. 4/24/2009]

RADIOLOGICAL HEALTH

  • 61-63 Radioactive Materials (Title A) [11/26/2010]
    [This regulation is co-managed by the Bureau of Land and Waste Management and the Bureau of Radiological Health]
  • 61-64 X-rays (Title B) [eff. 6/26/2009]
  • 61-65 Particle Accelerators (Title C) [eff. 7/27/1985]
  • 61-106 Tanning Facilities [eff. 5/23/2008]

HEALTH SERVICES REGULATIONS

DISEASE CONTROL

  • 61-8 Vaccination, Screening and Immunization Regarding Contagious Disease [eff. 4/24/1992]
  • 61-20 Communicable Diseases [eff. 6/28/2002]
  • 61-21 Sexually Transmitted Diseases [eff. 5/24/1991]
  • 61-22 The Evaluation of School Employees for Tuberculosis [eff. 6/26/1986]
  • 61-23 Control of Anthrax [eff. 7/13/1960]
  • 61-52 Psittacine Birds [eff. 2/4/1953]
  • 61-112 Implementation of Emergency Health Powers Act [eff. 3/24/2006]

MATERNAL AND CHILD HEALTH

  • 61-80 Neonatal Screening for Inborn Metabolic Errors and Hemoglobinopathies [eff.6/27/2003]
  • 61-88 Charges for Maternal and Child Health Services [eff. 12/24/1982]
  • 61-89 Charges for Family Planning Services [eff. 12/24/1982]
  • 61-94 WIC Vendors [eff. 10/27/2000]
  • 61-114 South Carolina Birth Defects Program [eff. 5/23/2008]

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