2026-16937Proposed RuleWallet

Yet Another SC Air Permit Approval: EPA's Groundhog Day

Published Date: 8/19/2026

Proposed Rule

Summary

The U.S. Environmental Protection Agency (EPA or Agency) is proposing to approve changes to South Carolina's State Implementation Plan (SIP) to revise regulations prescribing minor source permit program requirements, including minor new source review (NSR) requirements, in SIP revisions submitted by the State of South Carolina on October 1, 2007, July 18, 2011, August 8, 2014, April 24, 2020, and July 23, 2025. 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.

Small sources exempt below 5 tpy

The EPA is proposing to approve South Carolina rules that say sources with uncontrolled emissions under five (5) tons per year (tpy) each of PM, SO2, NOX, and CO, and under 1,000 pounds per month of VOCs, do not need construction permits. This is a proposed approval (not final) based on SIP submittals through April 24, 2020 and later letters, and would remove the requirement to obtain a construction permit for sources meeting those thresholds.

Keep emissions records on site

If you qualify for the exemption, you must keep emissions calculations and any other information needed to show you meet the exemption onsite and give that information to the Department on request. The approved SIP language would also allow the Department to request these records to confirm exempt status.

EPA excludes broader higher‑level exemptions

The EPA is proposing not to incorporate into the SIP two sentences that would have let sources be exempted at higher emission levels based on a demonstration that no applicable limits or requirements apply. That excluded language would have allowed case-by-case higher-emission exemptions; its removal means sources cannot rely on that broader, demonstration-based exemption in the federally approved SIP text.

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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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