Revisions to the South Carolina Air Implementation Plan Executive Summary – Page 1

General Amendments to R. 61-62 July 18, 2011 EXECUTIVE SUMMARY

Introduction:

The Department of Health and Environmental Control (DHEC) has conducted a review of current air quality regulations to ensure that we are effic iently and effectively meeting our goals of promoting and protecting the public health and the environment. As a result of this review DHEC has amended Regulation 61-62 and the State Implemen tation Plan (SIP). In particular DHEC has amended R. 61-62.1, Definitions and General Requirements , to update and correct definitions and permit requirements; R. 61-62.5, Standard 1, Emissions From Fuel Burning Operations , to exclude the requirement for natural gas fired units to maintain a log of periods of startup and shutdown; R. 61-62.5, Standard 2, Ambient Air Quality Standards , to remove the standard for Total Suspended Particle (TSP) and update exceedanc e limitation for the carbon monoxide (CO) standard; R.61-62.5, Standard No. 4, Emissions from Process Industries , to modify the regulatory strategy for cotton gins; and clarified the definit ion for major source threshold throughout 61-62. DHEC also has deleted R. 61-62.5, Standard 6, Alternative Emission Limitation Options ("Bubble") ; and updated the entirety of R. 61-62 to correct t ypographical errors, provide clarification, delete or update obsolete requiremen ts.

DHEC is hereby submitting these changes to the USEP A for approval into its federally approved

SIP. Included in this submittal are copies of the amende d regulations, a summary of external stakeholder and EPA comments along with DHEC respon ses, SC State Register Notices and hearing transcripts, a 110(l) demonstration for cha nges to the regulatory strategy for cotton gins, and a copy of our legal authority to promulgate the se regulations.

Discussion of Revisions:

SECTION CITATION /EXPLANATION OF CHANGE :

S.C. Regulation 61-62.1 Definitions and General Req uirements

R. 61-62.1, Section I – Definitions Added definition “15. CAA - The Clean Air Act, as a mended, 42 U.S.C. 7401, et seq . Also

referred to as “the Act.”

R. 61-62.1, Section I – Definitions: Amended definition for “Conditional major source” t o replace, “in S.C. Regulation 61-62.70, Title V Operating Permit Program” with “by applicab le Federal and State regulations” in order to take into account all federal requirements for majo r sources.

R. 61-62.1 Section I Definitions: Clarified definition for “Department” to include re ference to the “South Carolina” Department of

Health and Environmental Control.

R. 61-62.1, Section I – Definitions: Included “40 CFR sections 61, 63, and 70” in defini tion for “federally enforceable” in order to clarify applicability of Federal NESHAP and Title V regulations.

R. 61-62.1 Section I Definitions: Changed the definition of “Fugitive Emissions” to b e consistent with 40 CFR 51.166.Revisions to the South Carolina Air Implementation Plan Executive Summary – Page 2

General Amendments to R. 61-62 July 18, 2011 R. 61-62.1, Section I – Definitions: Renamed definition of “Major Plant” to “Major sourc e” for consistency and amended the definition to replace “one hundred tons per year or more of any regulated air pollutant” with “greater than or equal to the major source threshol d as defined by applicable Federal and State regulations” in order to take into account all fede ral requirements for major sources.

R. 61-62.1 Section I - Definitions

Moved and renumbered definitions for “PM 10 ” and “PM 10 Emissions” to appropriate alphabetic place in definitions. Also deleted an unnecessary d ate reference in “PM 10 .”

R. 61-62.1, Section I – Definitions:

Added definition: “64. PM 2.5 – Particulate matter with an aerodynamic diameter less than or equal

to a nominal 2.5 micrometers emitted to the ambient air as measured by a reference method based on Appendix L of 40 CFR 50 and designated in accord ance with 40 CFR 53 or by an equivalent method designated in accordance with 40 CFR 53.”

R. 61-62.1 Section I – Definitions:

Added definition: “65. PM 2.5 Emissions - Finely divided solid or liquid materia l with an aerodynamic diameter less than or equal to a nomina l 2.5 micrometers emitted to the ambient air as measured by a reference method approved by the D epartment, with concurrence of the U. S. Environmental Protection Agency.”

R. 61-62.1, Section I – Definitions: Amended definition for “Secondary Emissions” to rep lace instances of word “plant” with “source” to maintain consistency throughout all reg ulations.

R. 61-62.1, Section I – Definitions: Renamed definition “Synthetic minor plant” to “Synt hetic minor source” for consistency and amended the definition to replace “as defined in S. C. Regulation 61-62.5, Standard No. 7, Section I, Prevention of Significant Deterioration (“PSD”)” with “by applicable Federal and State regulations” in order to take into account all fede ral requirements for major sources.

R. 61-62.1, Section I – Definitions: Renumbered definitions in alpha-numeric order from definition 15 to end as needed for consistency.

R. 61-62.1, Section II – Permit Requirements: Added introductory paragraph before subsection II.A : “The following regulation will not supersede any State or Federal requirements nor spe cial permit conditions, unless this regulation would impose a more restrictive emission limit. Th e owner or operator shall comply with all terms, conditions, and limitations of any Departmen t-issued permit for sources or activities at its facility. A source’s permit status may change upon promulgation of new regulatory requirements” and deleted sections (A)(1)(a) and (A )(4) to clarify terms that apply to all permits.

R. 61-62.1, Section II.A.1.a:

Section deleted and information included in the afo rementioned new Section II introductory paragraph.

R. 61-62.1, Section II.A.4:Revisions to the South Carolina Air Implementation Plan Executive Summary – Page 3

General Amendments to R. 61-62 July 18, 2011 Section deleted and information included in the afo rementioned new Section II introductory paragraph.

R. 61-62.1, Section II.A.5: Reformatted the requirements necessary to extend co nstruction permits and renumbered as

necessary.

R. 61-62.1, Section II.A(1): Enumerated last paragraph for section outline codif ication.

R. 61-62.1, Section II.A: Enumerated last paragraph for section outline codif ication.

R. 61-62.1 Section II.B.2.h: Added provision: “emissions calculations and any ot her information necessary to document qualification for this exemption must be maintained onsite and provided to the Department upon request” to require facilities to keep pertinent in formation for this exemption on site.

R. 61-62.1 Section II.B.3: Changed the wording with regard to sources placed o n a list of sources that are exempt without further review from the requirement to obtain a con struction permit from “to have total

uncontrolled emissions less than the thresholds in Section II (B)(2)(h)” to “will not interfere with the attainment or maintenance of any State or Feder al Standard.”

R. 61-62.1 Section II.B.4: Changed wording from “whose only emissions are fugi tive” to “with only fugitive emissions” for simplicity.

R. 61-62.1 Section II.B.6: Added the sentence “The Department reserves the rig ht to require a construction permit and the need for permit(s) will be made by the Department o n a case-by-case basis. This determination will take into consideration, but will not be limit ed to the nature and amount of the pollutants, location, proximity to residences and commercial es tablishments, etc.” to allow for the requirement of construction permits for facilities where other avenues of compliance are

ineffective.

R. 61-62.1 Section II.C.3.c: Corrected to specify that a facility’s Federal “Emp loyer” Identification is necessary and added “Federal Tax ID Number” for clarity.

R. 61-62.1 Section II.C.3.d: Amended to require applications include Standard In dustrial Classification (SIC) and North American Industry Classification System (NAICS) cod es.

R. 61-62.1 Section II.G.4:

Added “or modified” to the title.

R. 61-62.1 Section II.H.4.c: Corrected to specify that a facility’s Federal “Emp loyer” Identification is necessary and added “Federal Tax ID Number” for clarity.Revisions to the South Carolina Air Implementation Plan Executive Summary – Page 4

General Amendments to R. 61-62 July 18, 2011 R. 61-62.1 Section II.I.1.b: Corrected typographical and punctuation errors.

R. 61-62.1 Section II.I.2.a: Revised to add “The Department reserves the right t o require a construction or operating permit and the need for permit(s) will be made by the Depa rtment on a case-by-case basis. This determination will take into consideration, but wil l not be limited to the nature and amount of the pollutants, location, proximity to residences and c ommercial establishments, etc.” after the first sentence to allow for Department discretion in requ iring a construction permit.

R. 61-62.1 Section II.I.3.a: Reworded to specify that Registration Permits shoul d contain any “applicable” conditions to simplify permit process as the department finds app ropriate.

R. 61-62.1 Section II.J.1: Specified that the permit conditions apply to “cons truction and operating” permits

R. 61-62.1 Section II.J.1.b: Added “Any false information or misrepresentation i n the application for a construction or operating permit may be grounds for permit revocati on.” to provide for penalties for providing

false information.

R. 61-62.1 Section II.J.1: Added section: “g. A copy of the Department issued construction and/or operating permit must be kept readily available at the facility at a ll times. The permittee shall maintain such operational records; make reports; install, use, an d maintain monitoring equipment or methods; sample and analyze emissions or discharges in accor dance with prescribed methods, at locations, intervals, and procedures as the Department shall p rescribe; and provide such other information as the Department reasonably may require. All recor ds required to demonstrate compliance with the limits established under this permit shall be m aintained on site for a period of at least five (5) years” To allow for record retention and availabili ty clause in permits.

R. 61-62.1 Section II.N.5: Removed reference to operating permits since the se ction only refers to construction permits.

R. 61-62.1 Section II: Added new section: “O. Inspection and Entry,” whic h allows for inspection and entry of regulated facilities pursuant to the Pollution Cont rol Act.

S.C. Regulation 61-62.3 Air Pollution Episodes

R. 61-62.3 Sections I.2 through 3: Corrected grammar by adding “or” for clarification.

R. 61-62.3 Section I.4: Corrected typographical error in units of PM 10 , SO 2 , and O 3 by changing to μg/m 3

.

S.C. Regulation 61-62.5 Standard 1, Emissions From Fuel Burning OperationsRevisions to the South Carolina Air Implementation Plan Executive Summary – Page 5

General Amendments to R. 61-62 July 18, 2011 R. 61-62.5 Standard 1 Section I.C: Excluded the requirement for natural gas fired unit s to maintain a log of periods of startup and

shutdown.

S.C. Regulation 61-62.5 Standard 2, Ambient Air Qua lity Standards

Amended table to delete TSP standard. Also include d exceedence limitation footnote for CO standard and reference for rolling 3-month average calculation for lead.

S.C Regulation 61-62.5 Standard 4, Emissions From P rocess Industries

61-62.5 Standard 4 Section V – Cotton Gins: Amending entirety of section to go from a process r ate based regulation to control based regulation.

61-62.5 Standard 4 Section XII.B – Total Reduced Su lfur: Amended such that the obsolete requirement for TRS stack testing will not be required for facilities that are already required to have CEMs i nstalled.

S.C. Regulation 61-62.5 Standard 6, Alternative Emi ssion Limitation Options (“Bubble”)

Based on the United States Environmental Protection Agency (EPA) disapproval of this regulation in the SC State Implementation Plan (SIP ), the entirety of this regulation is being

removed and reserved.

S.C. Regulation 61-62.5 Standard 7, Prevention of S ignificant Deterioration

R. 61-62.5 Standard 7.q.2: Replaced instances of “plant” with “source” to main tain consistency throughout the regulations.

R. 61-62.5 Standard 7.q.3: Replaced “Review of Major Stationary Sources and Ma jor Modifications” with “Exemptions” to

correct reference error.

R. 61-62.5 Standard 7.r.4: Replaced (s) with (r) to correct reference error.

R. 61-62.5 Standard 7 w.1: Removed reference to “paragraph (s)” due to referen ce error.

S.C. Regulation 61-62.5 Standard 7.1, Non Attainmen t New Source Review

R. 61-62.5 Standard 7.1.c.7.A: Expanded definition of “Major Stationary Source” to account for ozone designations under subpart 2 of the Clean Air Act.