2026-16932Proposed RuleWallet

Partial EPA Approval for SC NOx Rules: More Pollution Paperwork Pile-On

Published Date: 8/19/2026

Proposed Rule

Summary

The U.S. Environmental Protection Agency (EPA or Agency) is proposing to partially approve and partially conditionally approve changes to South Carolina's State Implementation Plan (SIP) to revise source testing requirements and regulations prescribing control requirements for certain stationary sources of nitrogen oxides (NO<INF>X</INF>) submitted by the State of South Carolina, through the South Carolina Department of Environmental Services (SC DES), on October 1, 2007; July 27, 2016; September 5, 2017; April 24, 2020; and February 4, 2022. This action is being proposed pursuant to the Clean Air Act (CAA or Act).

Analyzed Economic Effects

3 provisions identified: 1 benefits, 2 costs, 0 mixed.

Moved Sources Treated as New Affected Sources

The State clarified that any existing source moved from in- or out-of-state into a permitted in-state facility after June 25, 2004, is considered a "new affected source." New affected sources are subject to the emission limits and control requirements in Section III of Standard No. 5.2.

Conditional Approval of Monitoring and MRR Rules

The EPA is proposing to conditionally approve parts of Standard No. 5.2 Section IV (monitoring, recordkeeping, and reporting for new affected sources), including specific paragraphs such as IV(A)(1)(a)-(d), IV(A)(2)(a)-(c), IV(C)(1)(a)-(d), and parts of IV(D). South Carolina committed in a May 13, 2026 letter to adopt corrective enforceable changes no later than one year after the EPA's conditional approval, as allowed under CAA section 110(k)(4).

Expanded Exemption for Emergency Generators

If you own or operate emergency power generators in South Carolina, the State's rule exempts generators that are 150 kW or smaller. The rule also exempts generators larger than 150 kW that are designated for emergency use only and that operate 500 hours per year or less for testing and maintenance.

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Key Dates

Published Date
Comments Due
8/19/2026
9/18/2026

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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