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The following SCDES regulations are currently under amendment or have been recently finalized. Within in this section, the Department will post stakeholder engagement opportunities, public hearing dates*, links to South Carolina State Register notices, and other information relevant to the amendment of the regulation. 

Links to non-SCDES organizations found on this site are provided solely as a service to our users.  SCDES is not responsible for its content.

While SCDES has made every effort to maintain the accuracy of the content presented in this Regulation Development Update, it reserves the right to correct errors when discovered.

JUMP TO REGULATIONS RECENTLY FINALIZED

Regulations Currently Under Amendment, State Register Notices, Key Information & Dates

Administration

Regulations Under Amendment
  • R.61-47, Shellfish
  • R.61-50, Natural Public Swimming Areas
  • R.61-63, Radioactive Materials (Title A) 
  • R.61-107.20, Solar Energy Systems
  • R.61-117, Access to Restricted Information
Statutory Authority
  • 1976 Code Sections 13-7-40 et seq., 30-4-45, 48-6-10 et seq., 2022 Act No. 119, Section 5, effective January 27, 2022, and 2026 Act No. 146, effective May 15, 2026 
The Administrative Procedures Act, S.C. Code Section 1-23-120(A), requires General Assembly review of these proposed amendments.

Contact

Holly Randolph
South Carolina Department of Environmental Services 
2600 Bull Street, Columbia, S.C. 29201
Holly.Randolph@des.sc.gov

Notice of Drafting
  • Published: July 24, 2026
  • Comment Period: July 24, 2026 - August 24, 2026
Notice of Proposed Regulation

ALC Public Hearing

Should a public hearing on the proposed regulations be requested by qualifying entities or the requisite number of persons pursuant to Section 1 23 110(A)(3) of the 1976 Code, as amended, the South Carolina Administrative Law Court will conduct a public hearing on Friday, November 20, 2026, beginning at 1:00 p.m. at the South Carolina Administrative Law Court, Edgar Brown Building, Second Floor, 1205 Pendleton Street, Columbia, S.C. 29201. If a qualifying request pursuant to Section 1 23 110(A)(3) is not received by 5:00 p.m. on October 26, 2026, the hearing will be cancelled.

 


Bureau of Air Quality

Regulations Under Amendment
  • R.61-62.1, Definitions and General Requirements
  • R.61-62.5, Standard No. 1, Emissions from Fuel Burning Operations
  • R.61-62.5, Standard No. 4, Emissions from Process Industries
  • R.61-62.5, Standard No. 5.2, Control of Oxides of Nitrogen (NOX)
Statutory Authority
  • 1976 Code Sections 48-1-10 et seq., 48-6-10 et seq., 2023 Act No. 60, effective July 1, 2024, and 2026 Act No. 146, effective May 15, 2026

The Administrative Procedures Act, S.C. Code Section 1-23-120(A), requires General Assembly review of these proposed amendments.

Contact

Marie Brown
Air Regulation and Data Analysis Section, Bureau of Air Quality
2600 Bull Street, Columbia, S.C. 29201
Marie.Brown@des.sc.gov 

Notice of Drafting
  • Published March 27, 2026
  • Comment Period: March 27, 2026 - April 27, 2026
Notice of Proposed Regulation
  • Published June 26, 2026
  • Comment Period: June 26, 2026 - July 27, 2026
Notice of Final Regulation (PENDING)
  • Submitted by SCDES to Legislative Council on September 14, 2026
  • Amendments awaiting General Assembly review 

ALC Public Hearing

The public hearing scheduled for Monday, August 24, 2026, beginning at 10:00 a.m. at the South Carolina Administrative Law Court was canceled as a qualifying request pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, was not received by 5:00 p.m. on July 27, 2026.

SCDES Public Hearing 

The public hearing scheduled for Monday, August 24, 2026, beginning at 10:00 a.m. at SCDES Headquarters, 2600 Bull Street, Columbia, S.C. 29201, was canceled as a qualifying request pursuant to pursuant to 40 CFR 51.102, as amended, was not received by 5:00 p.m. on July 27, 2026.
 


Bureau of Coastal Management

Based on comments received from the public, SCDES has paused efforts to implement proposed regulatory changes to current dock regulations. SCDES will hold additional conversations with coastal communities and property owners to answer questions and gain further input about any future proposed regulation changes.  

Regulations Under Amendment
  • R.30-1, Statement of Policy
  • R.30-2, Applying for a Permit
  • R.30-12, Special Project Standards for Tidelands and Coastal Waters
Statutory Authority
  • 1976 Code Sections 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024

The Administrative Procedures Act, S.C. Code Section 1-23-120(A), requires General Assembly review of these proposed amendments.

Contact

Liz Hartje
Bureau of Coastal Management
1362 McMillan Avenue, Suite 400, Charleston, SC 29405
Liz.Hartje@des.sc.gov 

Notice of Drafting
  • Published: April 24, 2026
  • Comment Period: April 24, 2026 - May 26, 2026
Notice of Proposed Regulation
ALC Public Hearing

The public hearing scheduled for Tuesday, October 27, 2026, beginning at 10:00 a.m. at the South Carolina Administrative Law Court was canceled as SCDES has paused efforts to implement proposed regulatory changes to R.30-1, R.30-2, and R.30-12. 


Bureau of Land and Waste Management

Regulation Under Amendment
  • R.61-107.3, Solid Waste Management: Waste Tires
Statutory Authority
  • 1976 Code Sections 44-96-10 et seq., 48-6-10 et seq., and 2026 Act No. 146, effective May 15, 2026

The Administrative Procedures Act, S.C. Code Section 1-23-120(A), requires General Assembly review of these proposed amendments.

Contact 

Stacey French
Bureau of Land and Waste Management
2600 Bull Street, Columbia, S.C. 29201
swregdev@des.sc.gov

Notice of Drafting
  • Published June 26, 2026
  • Comment Period: June 26, 2026 - July 27, 2026
Notice of Proposed Regulation
ALC Public Hearing

Should a public hearing on the proposed regulations be requested by qualifying entities or the requisite number of persons pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, the South Carolina Administrative Law Court will conduct a public hearing on Thursday, December 17, 2026, beginning at 10:00 a.m. at the South Carolina Administrative Law Court, Edgar Brown Building, Second Floor, 1205 Pendleton Street, Columbia, S.C. 29201. If a qualifying request pursuant to Section 1-23-110(A)(3) is not received by 5:00 p.m. on Monday, November 23, 2026, the hearing will be cancelled. 


Bureau of Water

Regulation Under Amendment
  • R.61-51, Public Swimming Pools
Statutory Authority
  • 1976 Code Sections 44-55-2310 et seq., 48-6-10 et seq., and 2026 Act No. 146, effective May 15, 2026

The Administrative Procedures Act, S.C. Code Section 1-23-120(A), requires General Assembly review of these proposed amendments.

Contact

Doug Kinard
Bureau of Water
2600 Bull Street, Columbia, S.C. 29201
Doug.Kinard@des.sc.gov

Notice of Drafting
  • Published: August 28, 2026
  • Comment Period: August 28, 2026 - September 28, 2026 
     

Regulations Under Amendment
  • R.61-68, Water Classifications and Standards
  • R.61-69, Classified Waters
Statutory Authority
  • 1976 Code Sections 48-1-10 et seq., 48-6-10 et seq., and 2023 Act No. 60, effective July 1, 2024

The Administrative Procedures Act, S.C. Code Section 1-23-120(A), requires General Assembly review of these proposed amendments. 

Contact

Andrew Edwards
Bureau of Water
2600 Bull Street, Columbia, S.C. 29201
wqs@des.sc.gov

Notice of Drafting
  • Published February 27, 2026
  • Comment Period: February 27, 2026 - March 30, 2026
Notice of Proposed Regulation

ALC Public Hearing

Should a public hearing on the proposed regulations be requested by qualifying entities or the requisite number of persons pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, the South Carolina Administrative Law Court will conduct a public hearing on Tuesday, December 1, 2026, beginning at 10:00 a.m. at the South Carolina Administrative Law Court, Edgar Brown Building, Second Floor, 1205 Pendleton Street, Columbia, S.C. 29201. If a qualifying request pursuant to Section 1-23-110(A)(3) is not received by 5:00 p.m. on Monday, October 26, 2026, the hearing will be cancelled.

SCDES Public Hearing

Should the Administrative Law Court public hearing on Tuesday, December 1, 2026, be cancelled pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, the Department will conduct a public hearing in Peeples Auditorium at SCDES Headquarters, 2600 Bull Street, Columbia, SC 29201, on Tuesday, December 1, 2026, at 10:00 a.m. If a qualifying request pursuant to Section 1-23-110(A)(3) is received and the Tuesday, December 1, 2026, public hearing at the Administrative Law Court is confirmed, the Tuesday, December 1, 2026, public hearing at SCDES Headquarters will be cancelled. 

Regulation Under Amendment
  • R.61-71, Well Standards
Statutory Authority
  • 1976 Code Sections 48-1-10 et seq., 44-55-10 et seq., 48-6-10 et seq., and 2026 Act No. 146, effective May 15, 2026 
Contact

Joseph Koon
Bureau of Water
2600 Bull Street, Columbia, S.C. 29201
Joseph.Koon@des.sc.gov 

Notice of Drafting
  • Published: June 26, 2026
  • Comment Period: June 26, 2026 - July 27, 2026
Notice of Proposed Regulation 

ALC Public Hearing

Should a public hearing on the proposed regulations be requested by qualifying entities or the requisite number of persons pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, the South Carolina Administrative Law Court will conduct a public hearing on Monday, November 23, 2026, beginning at 10:00 a.m. at the South Carolina Administrative Law Court, Edgar Brown Building, Second Floor, 1205 Pendleton Street, Columbia, S.C. 29201. If a qualifying request pursuant to Section 1-23-110(A)(3) is not received by 5:00 p.m. on Monday, October 26, 2026, the hearing will be cancelled. 

SCDES has paused efforts to implement proposed regulatory changes to R.61-101, Water Quality Certification. 

Regulation Under Amendment
  • R.61-101, Water Quality Certification
Statutory Authority
  • 1976 Code Sections 48-1-10 et seq., 48-6-10 et seq., and 2023 Act No. 60, effective July 1, 2024

The Administrative Procedures Act, S.C. Code Section 1-23-120(A), requires General Assembly review of these proposed amendments.

Contact

Chuck Hightower
Bureau of Water
2600 Bull Street, Columbia, S.C. 29201
Charles.Hightower@des.sc.gov 

Notice of Drafting
  • Published: April 24, 2026
  • Comment Period: April 24, 2026 - May 26, 2026
Notice of Proposed Regulation

ALC Public Hearing

The public hearing scheduled for Tuesday, November 10, 2026, beginning at 10:00 a.m. at the South Carolina Administrative Law Court was canceled as SCDES has paused efforts to implement proposed regulatory changes to R.61-101, Water Quality Certification. 
 

Regulation Under Amendment
  • R.61-58, State Primary Drinking Water Regulations
Statutory Authority
  • 1976 Code Sections 44-55-10 et seq., 48-6-10 et seq., and 2026 Act No. 146, effective May 15, 2026 

The Administrative Procedures Act, S.C. Code Section 1-23-120(H)(1), exempts these amendments from General Assembly review, as the Department proposes these amendments for compliance with federal law. 

Contact

Doug Kinard
Bureau of Water
2600 Bull Street, Columbia, S.C. 29201
Doug.Kinard@des.sc.gov

Notice of Drafting
  • Published July 24, 2026
  • Comment Period: July 24, 2026 - August 24, 2026
     

*A qualifying request must be received for the public hearing to take place. Information on how to request a public hearing can be found in the Notice of Proposed Regulation. If a qualifying request is not received, the public hearing will be cancelled. Should the public hearing be cancelled, the Department will post notice of the cancellation at least one week prior to the scheduled public hearing.

Regulations Recently Finalized

Bureau of Air Quality

Regulations Amended
  • R.61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards
  • R.61-62.61, National Emission Standards for Hazardous Air Pollutants (NESHAP)
  • R.61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories
Statutory Authority
  • 1976 Code Sections 48-1-10 et seq., 48-6-10 et seq., and 2023 Act No. 60, effective July 1, 2024

In accordance with the Administrative Procedures Act, S.C. Code Section 1-23-120(H)(1), these amendments were exempt from General Assembly review, as the Department made these amendments for compliance with federal law.

Contact

Scott Bigleman 
Air Regulation and Data Analysis Section, Bureau of Air Quality
2600 Bull Street, Columbia, S.C. 29201
Scott.bigleman@des.sc.gov 

Notice of Drafting
  • Published: May 22, 2026
  • Comment Period: May 22, 2026 - June 22, 2026
Notice of Proposed Regulation
  • Published: May 22, 2026
  • Comment Period: May 22, 2026 - June 22, 2026
Notice of Final Regulation
  • Published: July 24, 2026

ALC Public Hearing

The public hearing scheduled for Tuesday, July 7, 2026, beginning at 10:00 a.m. at the South Carolina Administrative Law Court was canceled as a qualifying request pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, was not received by 5:00 p.m. on June 22, 2026.

 

Bureau of Land and Waste Management

Regulation Under Amendment
  • R.61-79, Hazardous Waste Management Regulations
Statutory Authority
  • 1976 Code Sections 44-56-30 et seq., 48-6-10 et seq., 2023 Act No. 60, effective July 1, 2024, and 2026 Act No. 146, effective May 15, 2026

In accordance with the Administrative Procedures Act, S.C. Code Section 1-23-120(H)(1), these amendments were exempt from General Assembly review, as the Department made these amendments for compliance with federal law.. 

Contact

Kent Kreig
Bureau of Land and Waste Management
2600 Bull Street, Columbia, S.C. 29201
Kent.Krieg@des.sc.gov 

Notice of Drafting
  • Published March 27, 2026
  • Comment Period: March 27, 2026 - April 27, 2026
Notice of Proposed Regulation
  • Published June 26, 2026
  • Comment Period: June 26, 2026 - July 27, 2026
Notice of Final Regulation
  • Published: August 28, 2026

ALC Public Hearing

The public hearing scheduled for Friday, August 14, 2026, beginning at 10:00 a.m. at the South Carolina Administrative Law Court was canceled as a qualifying request pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, was not received by 5:00 p.m. on July 27, 2026.

Regulation Amended
  • R.61-64, X-Rays (Title B)
Statutory Authority
  • 1976 Code Sections 13-7-40, 48-6-10 et seq., and 2023 Act No. 60, effective July 1, 2024 

In accordance with the Administrative Procedures Act, S.C. Code Section 1-23-120(H)(1), these amendments were exempt from General Assembly review, as the Department made these amendments for compliance with federal law.

Contact

Chrissy Chavis
Bureau of Land and Waste Management
2600 Bull Street, Columbia, S.C. 29201
Chrissy.Chavis@des.sc.gov 

Notice of Drafting
  • Published October 24, 2025
  • Comment Period: October 24, 2025 - November 24, 2025
Notice of Proposed Regulation
  • Published February 27, 2026
  • Comment Period: February 27, 2026 - March 30, 2026
Notice of Final Regulation
  • Published April 24, 2026
ALC Public Hearing

The public hearing scheduled for Monday, April 13, 2026, beginning at 1:30 p.m. at the South Carolina Administrative Law Court was canceled as a qualifying request pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, was not received by 5:00 p.m. on March 30, 2026.

Regulation Amended
  • R.61-63, Radioactive Materials (Title A)
Statutory Authority
  • 1976 Code Sections 13-7-40, 48-6-10 et seq., and 2023 Act No. 60, effective July 1, 2024 

The Administrative Procedures Act, S.C. Code Section 1-23-120(H)(1), exempts these amendments from General Assembly review, as the Department proposes these amendments for compliance with federal law. 

Contact

Andrew M. Roxburgh
Bureau of Land and Waste Management
2600 Bull Street, Columbia, S.C. 29201
Andrew.Roxburgh@des.sc.gov 

Notice of Drafting
  • Published October 24, 2025
  • Comment Period: October 24, 2025 - November 24, 2025
Notice of Proposed Regulation
  • Published: May 22, 2026
  • Comment Period: May 22, 2026 - June 22, 2026
Notice of Final Regulation
  • Published: July 24, 2026

ALC Public Hearing

The public hearing scheduled for Wednesday, July 8, 2026, beginning at 1:00 p.m. at the South Carolina Administrative Law Court was canceled as a qualifying request pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, was not received by 5:00 p.m. on June 22, 2026.


Bureau of Water

Regulation Amended
  • R.61-58, State Primary Drinking Water Regulations
Statutory Authority
  • 1976 Code Sections 44-55-10 et seq., 48-6-10 et seq., and 2023 Act No. 60, effective July 1, 2024

In accordance with the Administrative Procedures Act, S.C. Code Section 1-23-120(H)(1), these amendments were exempt from General Assembly review, as the Department made these amendments for compliance with federal law.

Contact

Doug Kinard
Bureau of Water
2600 Bull Street, Columbia, S.C. 29201
Doug.Kinard@des.sc.gov

Notice of Drafting
  • Published January 23, 2026
  • Comment Period: January 23, 2026 - February 23, 2026
Notice of Proposed Regulation
  • Published March 27, 2026
  • Comment Period: March 27, 2026 - April 27, 2026
Notice of Final Regulation
  • Published: May 22, 2026
ALC Public Hearing

The public hearing scheduled for Tuesday, May 12, 2026, beginning at 10:00 a.m. at the South Carolina Administrative Law Court was canceled as a qualifying request pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, was not received by 5:00 p.m. on April 27, 2026.

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Regulations & Updates