South Carolina Legislature


 

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S 1244
Session 115 (2003-2004)


S 1244 Joint Resolution, By Senate Medical Affairs
 A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND
 ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND
 STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2872, PURSUANT TO THE
 PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

   05/13/04  Senate Introduced, read first time, placed on calendar
                     without reference SJ-4
   05/19/04  Senate Read second time SJ-66
   05/20/04  Senate Read third time and sent to House
   05/25/04  House  Introduced and read first time HJ-15
   05/25/04  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-15



VERSIONS OF THIS BILL

5/13/2004
5/13/2004-A



S. 1244

INTRODUCED

May 13, 2004

S. 1244

Introduced by Medical Affairs Committee

S. Printed 5/13/04--S.

Read the first time May 13, 2004.

            

A JOINT RESOLUTION

TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2872, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The regulations of the Department of Health and Environmental Control, relating to Air Pollution Control Regulations and Standards, designated as Regulation Document Number 2872, and submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code, are approved.

SECTION    2.    This joint resolution takes effect upon approval by the Governor.

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SUMMARY AS SUBMITTED

BY PROMULGATING AGENCY.

In July 18, 1997, the United States Environmental Protection Agency (EPA) revised the National Ambient Air Quality Standard for ground-level ozone from 0.12 parts per million (ppm) 1-hour "peak" standard to 0.08 ppm 8-hour "average" standard. The National Ambient Air Quality Standards are health-based standards established at levels intended to protect public health. This "new" ozone standard is commonly referred to as the 8-hour ozone standard. Currently, all areas of South Carolina meet or "attainNext" all national ambient air quality standards, including the 1-hour ozone standard. However, when implemented, the 8-hour ozone standard could result in numerous areas of the State being determined not to meet the 8-hour standard and being designated as "non-PreviousattainmentNext" for ground-level ozone. In South Carolina, 18 of 23 ozone monitors, particularly those in the more populated urban areas, regularly exceed the 8-hour standard. When air quality standards are revised, the State must recommend to EPA the boundaries of the areas that are not in compliance with the standard and must submit a plan to EPA that demonstrates how the State will bring those areas designated as non-PreviousattainmentNext for the standard back into PreviousattainmentNext. EPA will make the 8-hour ozone nonattainment designations by April 15, 2004, with input from the Department.

When EPA designates areas as non-PreviousattainmentNext, these areas automatically become subject to additional permitting requirements referred to as nonattainment new source review and complex transportation planning requirements referred to as transportation conformity. In an effort to be proactive and bring cleaner air sooner to the citizens of South Carolina, the Department, with EPA support, has begun the process with state and local governments, industry, environmental groups, and other interested parties to consider possible ozone reduction strategies. The Department has been working with these stakeholder groups over the last year to develop strategies sooner than would be required by the current federal time frames to reduce the pollution that creates ground-level ozone.

This strategy of bringing cleaner air to the state sooner than would be required under the current federal timeframes is referred to as the Early Action Compact or EAC. In accordance with the EAC, EPA has laid out specific milestones that the State must meet to reduce ozone precursors so that our ozone monitors will be PreviousattainingNext the 8-hour standard by 2007 and beyond. Aside from the public health benefits realized by meeting the new standard sooner than required, another reason for embarking on this approach is that if we are successful, EPA will defer the effective date of the nonattainment designations.

The purpose of the regulations is to reduce or regulate the growth of ozone precursors so that the ozone monitors in the State are Previousattaining the ozone standard in 2007 and to ensure that the Department is meeting the milestones specified by EPA for the EAC process. As part of the EAC process, the Department has promulgated a new regulation, R.61-62.5, Standard 5.2, Control of Oxides of Nitrogen (NOx). In addition, the Department has revised R.61-62.5, Standard 5.1, Lowest Achievable Emission Rate (LAER) Applicable to Volatile Organic Compounds, and R.61-62.2, Prohibition of Open Burning.

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