SC Permits Redux: EPA Stamps Another Batch
Published Date: 8/19/2026
Proposed Rule
Summary
The U.S. Environmental Protection Agency (EPA or Agency) is proposing action on changes to South Carolina's State Implementation Plan (SIP) to revise regulations prescribing minor source permitting program requirements, including minor new source review (NSR) requirements, involving, in part, minor source permitting public participation, in SIP revisions submitted by the State of South Carolina through the South Carolina Department of Health and Environmental Control (SC DHEC) on October 1, 2007; July 18, 2011; August 8, 2014; July 27, 2016; and April 24, 2020. This proposal supplements previous proposals the EPA published on August 17, 2017, and January 21, 2025. This proposal is being issued pursuant to the Clean Air Act (CAA or Act).
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
State Discretion Over Minor NSR Public Input
The EPA is proposing to approve portions of South Carolina's minor source permitting rules only if the EPA finalizes its July 7, 2026, proposal that would let states decide whether and how to require public participation for minor New Source Review (NSR) permits. If the July 7, 2026 NPRM is finalized as proposed, South Carolina could administer minor NSR public notice and comment differently than the current Federal 40 CFR 51.161 approach for minor sources.
General Construction Permits Allowed
South Carolina's revised Regulation 61-62.1 now allows the State to issue general construction permits for similar true minor sources. The rule says sources can request coverage under a general permit, the State can grant coverage to qualifying sources, and a source granted authorization under a general construction permit has a final permit action for judicial review.
Synthetic Minor Permit Timing and Notices
South Carolina's revisions require owners of synthetic minor sources to record and notify the State of construction start and the actual initial startup date, and to submit operating permit requests within 15 days following startup (changed from prior-to-startup). The revisions also say the State may, rather than will, inspect for compliance before issuing operating permits.
Operating Permit Startup and Temporary Operation Rules
South Carolina's revised operating permit rules (Regulation 61-62.1, Section II(F)) require owners to record and notify the State of the actual date of initial startup and allow a source that certifies construction was completed per its construction permit to operate under that construction permit until the operating permit is issued. Written requests for new or revised operating permits must list sources placed into operation and their startup dates.
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Key Dates
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