Regulation and SIP Management
State Implementation Plan
A State Implementation Plan or "SIP" is a plan that shows how a state will meet the National Ambient Air Quality Standards (NAAQS) for certain pollutants as set forth by the Clean Air Act.
A SIP is the accumulated record of many air pollution documents that form a blueprint and timeline for the state's plans to assure compliance with the NAAQS for criteria pollutants (carbon monoxide, sulfur dioxide, ozone, nitrogen oxides, lead, and particulate matter), as outlined in the Clean Air Act. SIPs include, among other things, control plans, climate models, regulations, inventories of emissions within the state, and transcripts of public involvement in the SIP-development process. Once approved, the SIP is enforceable by the state and EPA. Elements of South Carolina's SIP have been in place since 1972.
For a discussion of State Implementation Plans in the Clean Air Act, see Title 1, Section 110.
For more explanation of State Implementation Plans, please visit the EPA's SIP webpage.
- Regulation 61-62.1 - Definitions, Permits Requirements, and Emission Inventories
- Regulation 61-62.2 - Prohibition of Open Burning
- Regulation 61-62.3 - Air Pollution Episodes
- Regulation 61-62.4 - Hazardous Air Pollution Conditions
- Regulation 61-62.5 - Standards 1, 2, 4, 5, 5.2, 6, 7, and 7.1
- Regulation 61-62.6 - Control of Fugitive Particulate Matter
- Regulation 61-62.7 - Good Engineering Practice Stack Height
- Regulation 61-62.96 - Nitrogen Oxides (NOX) Budget Trading Program
- Regulation 61-30 Environmental Protection Fees
- Regulation 61-62.5 - Standards 3, 3.1, 5.1, and 8
- Regulation 61-62.60 - SC Designated Facility Plan and NSPS
- Regulation 61-62.61 - NESHAPs
- Regulation 61-62.63 - NESHAPs for Source Categories
- Regulation 61-62.68 - Chemical Accident Prevention Program
- Regulation 61-62.70 - Title V Operating Permit Program
- Regulation 61-62.72 - Acid Rain
- Regulation 61-62.99 - Nitrogen Oxides Budget Program Requirements for Stationary Sources Not in the Trading Program
- Regulation 61-86.1 - Standards of Performance for Asbestos Projects
- DHEC Bureau of Air Quality (BAQ) decides on a regulatory change following discussions with the public, a change in Federal requirements, internal meetings, or other events that make a change necessary.
- DHEC publishes a Notice of Drafting in the State Register (Subscription required, documents also posted at this website) that describes the proposed regulation and starts a 30-day comment period.
- DHEC may hold a stakeholder meeting at this stage.
- DHEC, at a Board Meeting held after the 30-day comment period ends, requests that the Board of Health and Environmental Control grant approval to publish a Notice of Proposed Regulation in the State Register and hold a Staff-Led Informational Forum (SIF) on the proposed regulation change.
- If the Board approves the request, DHEC publishes the Notice of Proposed Regulation in the State Register and on this website. This Notice includes the full text of the proposed regulation and a detailed explanation of each change. The Notice also announces the date of a Staff-Led Informational Forum (SIF) and a Public Hearing for the proposed regulatory change, and starts a second 30-day comment period on the proposed regulatory change.
- Following the publication of the Notice of Proposed Regulation for regulatory changes that also change the SIP, DHEC sends a pre-hearing submittal to EPA Region 4 in Atlanta for review.
- DHEC staff holds the SIF for the proposed regulation. The SIF is open to the public, and is an opportunity for the public to comment and ask questions about the proposed regulation. A court reporter records a transcript of the SIF.
- DHEC staff, at a second Board Meeting, requests that the Board approve the final Regulations, with revisions from the comment period if applicable.
- At this second Board Meeting, the Board holds a Public Hearing on the proposed regulation. The Public Hearing is open to the public, and the public is invited to comment. A court reporter records a verbatim transcript of this hearing.
- If the Board approves of the proposed regulatory change, and Legislative approval is not required, DHEC publishes a Notice of Final Regulation in the State Register. This Notice includes a detailed discussion and full text of the regulatory change. Legislative approval is not required when State regulatory changes are made to comply with a Federal standard.
- At the same time that the BAQ files the Notice of Final Regulation with the State Register, it sends a copy of the final SIP change package to EPA Region 4 in Atlanta.
- The new regulation change becomes effective on publication of the Notice of Final Regulation in the State Register. After publication, the BAQ archives documents involved in the regulatory change, and makes them available for public review through the DHEC Freedom of Information Office.
- If a proposed regulatory change requires Legislative review, and
the Board approves of the change at step 9, above, then DHEC will submit the regulatory
change to the South Carolina Legislature for approval. If DHEC submits those regulatory
changes to the Legislature during its Legislative Session (typically January-May),
then the Legislature has 120 days to address the regulatory change. If the Legislature
does not act within 120 days, then the regulatory change automatically becomes effective.
The Legislature may also approve of the regulatory change through the normal Legislative
process. Following Legislative approval, DHEC will publish the Notice of Final Regulation,
in step 10 above, in the next State Register following approval.
The regulation-development process can take from 6 months to more than a year.
- Following a decision that the proposed change does not require changing State Regulations, DHEC publishes a Notice of Intent to Revise the SIP in the State Register (Subscription required, documents also posted on this website) that describes the proposed change.
- The Notice of Intent to Revise the SIP starts a 30-day comment period during which members of the public may submit comments to DHEC on the proposed SIP revision.
- At the end of the 30-day comment period, DHEC may hold a public hearing on the proposed revisions to the SIP. The public hearing may be canceled if there are no public requests during the 30-day comment period. At the public hearing, staff will explain the proposed revisions, answer questions, and take comments from the public. A court reporter records a transcript of the hearing, and that transcript becomes part of the public record of the SIP change.
- DHEC will consider public comments and revise the proposed changes to the SIP. If the SIP change does not warrant presentation before the Board of Health and Environmental Control, DHEC then submits the final SIP document to the EPA's Region 4 Offices in Atlanta for approval.
- DHEC then publishes a Final Notice of Intent to Revise the State Implementation Plan in the State Register.
- If EPA approves the SIP change, it will publish that approval in the Federal Register.
- If the SIP change is significant enough to warrant presenting it to the Board, DHEC staff submits the change to the Board for review. If the Board decides that more public involvement is appropriate, DHEC staff will repeat Steps 2 and 3, above. If the Board decides that more public involvement is not warranted, the DHEC staff proceeds with the process at Step 5, above.
BAQ publishes proposed and final SIP change documents at this website. The public may also review final SIP change documents by contacting the DHEC Freedom of Information Office.
Final SIP Documents Submitted to EPA
- Cherokee County Maintenance Plan - 2007
- Early Action Compact
- Interstate Transport - 110(a)(2)(D)(i) Plan
- Fine Particulate Matter Air Quality Implementation Plan - 110(a)(1) and (2) Certification
- NOX SIP Call
- New Source Review (NSR)
- Ozone Air Quality Implementation Plan - 110(a)(1) and (2) Certification
- Regional Haze
For more information please contact the Bureau of Air Quality at (803) 898-4123 or by email.