Businesses subject to environmental regulations in South Carolina should familiarize themselves with recent changes proposed by the South Carolina Department of Health and Environmental Control (“SC DHEC”).

In response to an order issued on February 12, 2013, by Governor Nikki Haley establishing a Regulatory Review Task Force, SC DHEC solicited written comments and held public meetings to assess the effects of environmental statutes, rules, and regulations on South Carolina’s economy and to determine whether their costs to businesses and employers were too great.

In response to more than 150 comments received, SC DHEC issued a report recommending the amendment or repeal of two statutes and 25 regulations.  Before any change to a regulation becomes effective, it must proceed through the appropriate regulatory promulgation and legislative approval process. Nevertheless, understanding SC DHEC’s position may help businesses interacting with SC DHEC on consent agreements or administrative actions affected by the subject regulations.

Examples of proposed changes include changes to:

  • The South Carolina Mining Act;
  • The South Carolina Solid Waste Policy and Management Act;
  • Regulation of Water Pollution Control Permits;
  • Regulation of Air Permits; and
  • Regulation of Standards for Wastewater Facility Construction.

The full SC DHEC Regulatory Review Final Report can be accessed here.