On May 12, 2025, Governor McMaster signed into law the South Carolina Energy Security Act (Act). The expansive bill seeks to establish a strategic and forward-thinking approach to developing new energy infrastructure capable of meeting the energy needs of South Carolina’s residents and supporting the continued prosperity of the state. In doing so, the bill mandates expedited permitting timeframes of Energy Infrastructure Projects (EIP) for the South Carolina Department of Environmental Services (SCDES or Department), SCDNR, and local governments. All agencies, including SCDES, are instructed in the Act to give expedited review of applications for energy infrastructure projects, to provide reasonable and constructive assistance to applicants to allow the applicants to comply with any law and regulatory requirements as expeditiously as possible.    

SCDES Implementation of the South Carolina Energy Security Act  

An Energy Infrastructure Project (EIP) is a project entailing the construction, placement, authorization, or removal of energy infrastructure including, but not limited to, electric transmission and generation assets, natural gas transmission assets, and all associated or appurtenant infrastructure and activities, including communications and distribution infrastructure. The Act outlines measures before and during the permitting process to expedite reviews. 

Overall Review Timeframes under the Energy Security Act
  • Six (6) Months after date the application is received
  • Off-ramp provisions with mutual, written agreement  
  • Deemed approved if permit not issued in 6 month/agreed time 

 

 

Pre-Application Meeting                                                          
  • Required prior to the submission of applications
  • Identify milestones specific to the individual application/site (Community engagement, design, key project construction dates)
  • Discuss applicable regulatory standards as they apply to individual applications  
Public Notice
  • “Promptly” provide a public comment period if required by regulations 
Completeness Review
  • SCDES has 30 days to determine if application is complete
  • Applicants have 15 days to respond to incomplete applications    

SCDES issues a wide array of permits for EIPs. Following is a sampling of common permits and certifications that may be needed before starting an EIP.  

Bureau of Air Quality  

Bureau of Coastal Management

Land & Waste Permits

Water Permits

Contact

For questions regarding the department’s implementation of Expedited Permitting under the South Carolina Energy Security Act, contact: Jill Stewart, P.E