Notice of Drafting
The Notices of Drafting for the 2019 triennial review of Regulation 61-68, Water Classifications and Standards, and Regulation 61-69, Classified Waters, were published in the State Register on Friday, February 22, 2019. The closing date for the public comment period was March 25, 2019.
The Department received the following comments in response to the Notice of Drafting:
The Department offers the following summary response to comments:
Water Quality Standards Rule
EPA’s Water Quality Standards Regulatory Revisions were finalized in August 2015. The following document provides a summary of these revisions and describes how the final rule affects the 2019 Triennial Review.
Stakeholder Meetings
The Department hosted two stakeholder meetings to discuss the Notice of Drafting and to receive stakeholder input regarding Water Quality Standards issues and potential revisions to R.61-68 and R.61-69. Both meetings were open to the public, and the Department requested any interested parties to attend one of the stakeholder meetings.
Stakeholder Meeting #1
- Tuesday April 23, 2019, 1:00 – 3:00 pm
Linton Room (4011)
2600 Bull Street
Columbia, SC 29201
Stakeholder Meeting #2
- Tuesday May 21, 2019, 1:00 – 3:00 pm
Linton Room (4011)
2600 Bull Street
Columbia, SC 29201
Proposed Regulation
The proposed amendments to R.61-68, which the Department is considering include:
- a revised standard for aquatic life ambient water quality criteria for cadmium
- a revised recreational water quality standard for enterococci for Class SB waters
- a standard for aquatic life ambient water quality criteria for carbaryl
- a standard for human health recreational ambient water quality criteria for microcystins and cylindrospermopsin
- calculation of the sample specific freshwater acute and chronic criterion for metals
Additionally, the Department is considering proposed amendments to R.61-69 to clarify and correct, as needed, waterbody names, counties, classes, and descriptions.
The proposed amendments to R.61-68 and R.61-69 were presented to the DHEC Board on August 8, 2019. The Notices of Proposed Regulation were published in the State Register on August 23, 2019.
As described in each notice, interested persons may submit comment(s) on the proposed amendments to Andrew Edwards, Water Quality Standards Coordinator of the Bureau of Water; S.C. Department of Health and Environmental Control, 2600 Bull Street, Columbia, S.C. 29201; edwardaj@dhec.sc.gov.
To be considered, the Department must receive the comment(s) by 5:00 p.m. on September 23, 2019, the close of the comment period.
The Department received the following comments in response to the Notice of Proposed Regulation:
Staff Informational Forum
The Department hosted a Staff Informational Forum to answer questions, clarify any issues, and receive comments from interested persons on the proposed amendments to R.61-68 and R.61-69. This forum was open to the public, and the Department requested any interested persons to attend.
- Monday, September 23, 2019, 1:00 – 3:00 pm
Linton Room (4011)
2600 Bull Street
Columbia, SC 29201
Final Regulation
The final amendments for Regulation 61-68 include a change in the text from the proposed amendments that were published in the August 23, 2019 State Register. The purpose for this change is to clarify the text regarding freshwater swimming advisories related to microcystins or cylindrospermopsin. The specific change in the text is highlighted below.
Proposed Revisions:
R.61-68.E.14.d(7):
(7) The assessment of total microcystins for purposes of issuing swimming advisories for freshwater recreational use will be based on the single sample maximum of 8 µg/L. Advisories will remain in effect until resample results indicate the toxin concentration falls below 8 µg/L.
R.61-68.E.14.d(9):
(9) The assessment of cylindrospermopsin for purposes of issuing swimming advisories for freshwater recreational use will be based on the single sample maximum of 15 µg/L. Advisories will remain in effect until resample results indicate the toxin concentration falls below 15 µg/L.
Final Revisions:
R.61-68.E.14.d(7):
(7) The assessment of total microcystins for purposes of issuing a swimming advisory for freshwater recreational use will be based on the single sample maximum of 8 µg/L. Once issued, the swimming advisory will remain in effect until resample results indicate the toxin concentration falls below 8 µg/L.
R.61-68.E.14.d(9):
(9) The assessment of cylindrospermopsin for purposes of issuing a swimming advisory for freshwater recreational use will be based on the single sample maximum of 15 µg/L. Once issued, the swimming advisory will remain in effect until resample results indicate the toxin concentration falls below 15 µg/L.
The final amendments for Regulation 61-69 remain the same as the proposed amendments that were published in the August 23, 2019 State Register.
The Notice of Final Regulation for both Regulation 61-68 and Regulation 61-69 was presented to the DHEC Board at the November 7, 2019 Board meeting.
Public Hearing
The S.C. Board of Health and Environmental Control conducted a public hearing on the proposed amendment during its November 7, 2019, 10:00 a.m. meeting. Interested persons were able to make oral and/or submit written comments at the public hearing. The meeting took place in the Board Room of the DHEC Building, located at 2600 Bull Street, Columbia, S.C. 29201.
The meeting details are available on the Department’s webpage at: https://scdhec.gov/events/dhec-board-meeting-november-7-2019
The meeting was also livestreamed on the Department’s website and remains available for viewing at: https://livestream.com/accounts/10521602/events/8882988/videos/198694893.
The public hearing for these revisions begins at timestamp 1:14:00.
Legislative Review
The proposed amendments were referred to both the House Natural Resources and Environmental Affairs Committee and the Senate Agriculture and Natural Resources Committee at the beginning of the 2020 legislative session. Neither of these two committees met to consider these proposed regulations within 120 days of the referral. Therefore, revisions to Regulation 61-68 Water Classifications & Standards and Regulation 61-69 Classified Waters became effective for purposes of state law and were published as final in the June 26, 2020 State Register.
EPA Review
The Department submitted the final water quality standards revisions to EPA Region 4 for review on March 2, 2021. EPA staff completed their review pursuant to Section 303(c) of the Clean Water Act. Additionally, EPA coordinated this review with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service pursuant to Section 7(a)(2) of the Endangered Species Act. On April 22, 2021 EPA staff sent the final decision document to the Department approving all revisions to the water quality standards.
Contact
If you have any questions or comments regarding the 2019 Triennial Review, please contact Andrew Edwards at edwardaj@dhec.sc.gov or 803-898-1271.