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SOUTH CAROLINA 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS 

REGULATION 61-62.1 

DEFINITIONS AND GENERAL REQUIREMENTS

SECTION I - DEFINITIONS

 The following words and phrases when used in the Regulations and Standards shall, for the 

purpose of these regulations, have the meanings respectively ascribed to them in this section, unless a 

different meaning is clearly indicated. This section augments Section 1 of the South Carolina Pollution 

Control Act. 

 1. Acid Mist - Mist or droplets of sulfuric or other acids. Sulfuric acid mist includes sulfur 

trioxide (SO3) and sulfuric acid vapor as well as liquid mist. 

 2. Add - Additions to a process which will increase size, scope or emissions from such 

process. 

 3. Administrator - The Administrator of the United States Environmental Protection Agency 

(EPA) or his/her designee. 

 4. Afterburner - An auxiliary burner for destroying unburned or partially burned combustion 

gases after they have passed from the combustion chamber. 

 5. Air Curtain Incinerator - An incinerator that operates by forcefully projecting a curtain of 

air across an open chamber or pit in which burning occurs. Incinerators of this type can be constructed 

above or below ground and require a refractory lined chamber or pit. 

 6. Alter - Alter means modification or change in a process or processes which would affect 

emissions to the atmosphere. 

 7. Ambient Air Quality Standards - That standard for the quality of ambient air at or beyond 

a property line on which a source of pollution is emitting. 

 8. Application - Means a form provided by the Department which is prescribed to provide 

the information required to grant approval to construct and operate a source or an incinerator; or to report 

an existing incinerator. 

 9. Biologicals - preparations made from living organisms and their products, including 

vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating humans or animals or in 

research pertaining thereto. 

 10. Blood Products - any product derived from human blood, including but not limited to 

blood plasma, platelet, red or white blood corpuscles, and other derived licensed products, such as 

interferon, etc. 

 11. Board - Board means Board of Health and Environmental Control. 

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 12. Body Fluids - liquid emanating or derived from humans and limited to blood; dialysate; 

amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal 

secretions. 

 13. Boiler - An enclosed device using controlled flame combustion and having specific 

characteristics including the following: 

 a. The combustion chamber and primary energy recovery section shall be of 

integral design (e.g. waste heat recovery boilers attached to incinerators are not boilers). To be of integral 

design, the combustion chamber and the primary energy recovery sections (such as water walls and super 

heaters) shall be physically formed into one manufactured or assembled unit. A unit in which the 

combustion chamber and the primary energy recovery sections are joined only by ducts or connections 

carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as 

economizers or air preheaters) need not physically be formed into the same unit as the combustion 

chamber and the primary energy recovery section. The following units are not precluded from boilers 

solely because they are not of integral design: process heaters (units that transfer energy directly to a 

process stream), and fluidized bed combustion units. 

 b. At least 75% of recovered energy shall be “exported”, i.e., not used for internal 

uses like preheating of combustion air or fuel, or driving combustion air fans or feedwater pumps. 

 14. Bypass stack - a device used for discharging combustion gases to avoid severe damage to 

the air pollution control device or other equipment. 

 15. Chemotherapeutic Waste - All waste resulting from the production or, use of 

antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. 

Chemotherapeutic waste shall not include any waste containing antineoplastic agents that are listed as 

hazardous waste under S.C. Hazardous Waste Management Regulation 61-79.261. 

 16. Clean Wood - Untreated wood or untreated wood products including clean untreated 

lumber, tree stumps (whole or chipped), and tree limbs (whole or chipped). Clean wood does not include 

yard waste, which is defined elsewhere in this Section, or construction, renovation, and demolition waste 

(including but not limited to railroad ties and telephone poles). 

 17. Commercial Incinerator - An incinerator that burns non-hazardous waste from 

commercial activities with a design capacity of no more than 1250 lb/hr and which burns no more than 6 

tons/day. Incinerators of this type not meeting these limits are considered municipal waste combustors. 

This definition does not include retail and industrial incinerators nor does it include waste from 

maintenance activities at commercial establishments. 

 18. Commissioner - Commissioner means the Commissioner of the Department of Health 

and Environmental Control. 

 19. Conditional major source - A stationary source that obtains a federally enforceable 

physical or operational limitation from the Department to limit or cap the stationary source’s potential to 

emit to avoid being defined as a major source as defined in S.C. Regulation 61-62.70, Title V Operating 

Permit Program. 

 20. Continuous emission monitoring system or CEMS - a monitoring system for 

continuously measuring and recording the emissions of a pollutant from an affected facility. 

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 21. “Continuous program of physical on-site construction” - Means significant and 

continuous site preparation work such as major clearing or excavation followed by placement of footings, 

pilings, and other materials of construction, assembly, or installation of unique facilities or equipment at 

the site of the source. With respect to a change in the method of operating, this term refers to those on-site 

activities other than preparatory activities which mark the initiation of the change. 

 22. Crematory Incinerator - Any incinerator designed and used solely for the burning of 

human remains or animal remains. 

 23. Department - Department means the Department of Health and Environmental Control. 

 24. Dioxins/furans - the combined emissions of tetra- through octa-chlorinated dibenzoparadioxins and dibenzofurans, as measured by EPA Reference Method 23. 

 25. Emission Data - The definition contained in 40 CFR 2.301(a)(2), July 1, 1986, is 

incorporated by reference. 

 26. Emission Limitation (and emission standard) - A requirement established by the State or 

by the Administrator of the Environmental Protection Agency which limits the quantity, rate, or 

concentration of emissions of air pollutants on a continuous basis, including any requirements which limit 

the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance 

procedures for a source to assure continuous emission reduction. 

 27. Federally enforceable - All limitations and conditions which are enforceable by the 

Administrator of the U.S. Environmental Protection Agency (EPA) and citizens under the Act, including 

those requirements developed pursuant to 40 CFR 60 and 61, requirements within the South Carolina 

State Implementation Plan (SIP), any permit requirements established pursuant to 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 51, Subpart I, including operating permits issued under an EPAapproved program that is incorporated into the SIP and expressly requires adherence to any permit issued 

under such program. 

 28. Fuel Burning Operation - Use of furnace, boiler, device or mechanism used principally 

but not exclusively, to burn any fuel for the purpose of indirect heating in which the material being heated 

is not contacted by and adds no substance to the products of combustion. 

 29. Fugitive Dust - A type of particulate emission that becomes airborne by forces of wind, 

man’s activity or both, including but not limited to, construction sites, tilled land, materials storage piles, 

and materials handling. 

 30. Fugitive Emissions - Air contaminants which escape to the air not through an exhaust 

system, but through other means, including but not limited to, windows, vents, doors, ill-fitting closures 

or poorly maintained equipment. 

 31. Garbage - Animal and vegetable waste resulting from the handling, preparation, cooking 

and serving of foods. 

 32. Hazardous Air Pollutant - A pollutant which is the subject of National Emission 

Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection 

Agency by publication in the Federal Register. 

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 33. Hazardous Waste - Any waste identified as such by South Carolina Hazardous Waste 

Management Regulation 61-79. 

 34. Hazardous Waste Fuel - Hazardous waste that has a heat value greater than 5000 BTU/lb. 

and is burned in an industrial or utility boiler or industrial furnace for energy recovery, except for 

hazardous wastes exempted by Section 266.30(b) of South Carolina Hazardous Waste Management 

Regulation 61-79. 

 35. Hazardous Waste Incinerator - An incinerator whose primary function is to combust 

hazardous waste, except for devices which have qualified for exemption as provided in Sections 

264.340(b) or 265.340(b) of South Carolina Hazardous Waste Management Regulation 61-79. 

 36. Hospital - any facility which has an organized medical staff, maintains at least six 

inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic 

patient services and continuous nursing care primarily to human inpatients who are not related and who 

stay on average in excess of 24 hours per admission. This definition does not include facilities maintained 

for the sole purpose of providing nursing or convalescent care to human patients who generally are not 

acutely ill but who require continuing medical supervision. 

 37. Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit - any device that 

combusts any amount of hospital waste and/or medical/infectious waste. 

 38. Hospital waste - discards generated at a hospital, except unused items returned to the 

manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical 

parts that are intended for interment or cremation. 

 39. Incinerator - Any engineered device used in the process of controlled combustion of 

waste for the purpose of reducing the volume, removing the contamination and/or reducing or removing 

the hazardous potential of the waste charged by destroying combustible matter leaving the 

noncombustible ashes, material and/or residue and which does not meet the criteria nor classification as a 

boiler nor is listed as an industrial furnace. 

 40. Industrial Boiler - A boiler that produces steam, heated air, or other heated fluids for use 

in a manufacturing process. 

 41. Industrial Furnace - Any of the following enclosed devices that are integral components 

of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or 

energy: 

 a. Cement kilns 

 b. Lime kilns 

 c. Aggregate kilns 

 d. Phosphate kilns 

 e. Coke ovens 

 f. Blast furnaces 

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 g. Smelting, melting and refining furnaces (including pyrometallurgical devices 

such as tray furnaces, cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces) 

 h. Titanium dioxide chloride process oxidation reactors 

 i. Methane reforming furnaces 

 j. Pulping liquor recovery furnaces 

 k. Combustion devices used in the recovery of sulfur values from spent sulfuric acid 

 l. Such other devices as the Department may determine on a case by case basis 

using one or more of the following factors: 

 i. The design and use of the device primarily to accomplish recovery of 

material products; 

 ii. The use of the device to burn or reduce raw materials to make a material 

product; 

 iii. The use of the device to burn or reduce secondary materials as effective 

substitutes for raw materials, in processes using raw materials as principal feedstocks; 

 iv. The use of the device to burn or reduce secondary materials as 

ingredients in an industrial process to make a material product; 

 v. The use of the device in common industrial practice to produce a 

material product; and, 

 vi. Other factors, as appropriate. 

 42. Industrial Incinerator - Any incinerator utilized in an industrial plant that does not meet 

the definition for any other type incinerator or an incinerator used to combust Type 5 or 6 waste at any 

site. 

 43. In Existence - Means that the owner or operator has obtained all necessary construction 

permits required by this Bureau and either has (a) begun, or caused to begin, a continuous program of 

physical on-site construction of the source or (b) entered into binding agreements or contractual 

obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to 

undertake a program of construction of the source to be completed in a reasonable time, or that the owner 

or operator possesses a valid operating permit for the source prior to the effective date of a regulation or 

standard. 

 44. Kraft pulp mill - Any stationary source which produces pulp from wood by cooking 

(digesting) wood chips in a water solution of sodium hydroxide and sodium sulfide (white liquor) at a 

high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is also 

considered part of the kraft pulp mill. 

 45. Major Plant - Except as otherwise provided, this term refers to any plant which directly 

emits, or has the potential to emit, one hundred tons per year or more of any regulated air pollutant. 

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 46. Malfunction - any sudden, infrequent, and not reasonably preventable failure of air 

pollution control equipment, process equipment, or a process to operate in a normal or usual manner. 

Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. During 

periods of malfunction the operator shall operate within established parameters as much as possible, and 

monitoring of all applicable operating parameters shall continue until all waste has been combusted or 

until the malfunction ceases, whichever comes first. 

 47. Mass Emission Rate - The weight discharged per unit of time. 

 48. Medical/infectious waste - any waste generated in the diagnosis, treatment, or 

immunization of human beings or animals, in research pertaining thereto, or in the production or testing 

of biologicals listed below, and any waste defined as infectious waste in R.61-105, Infectious Waste 

Management. The definition of medical/infectious waste does not include hazardous waste identified or 

listed in R.61-79.261, Hazardous Waste Management; household waste, as defined in R.61-

79.261.4(b)(1); ash from incineration of medical/infectious waste, once the incineration process has been 

completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; 

and domestic sewage materials identified in R.61-79.261.4(a)(1). 

 a. Cultures and stocks of infectious agents and associated biologicals, including: 

cultures from medical and pathological laboratories; cultures and stocks of infectious agents from 

research and industrial laboratories; wastes from the production of biologicals; discarded live and 

attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures. 

 b. Human pathological waste - tissues, organs, and body parts and body fluids that 

are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and 

their containers. 

 c. Human blood and blood products including: 

 i. Liquid waste human blood; 

 ii. Products of blood; 

 iii. Items saturated and/or dripping with human blood; or 

 iv. Items that were saturated and/or dripping with human blood that are now 

caked with dried human blood; including serum, plasma, and other blood components, and their 

containers which were used or intended for use in either patient care, testing and laboratory analysis or the 

development of pharmaceuticals. Intravenous bags are also included in this category. 

 

 d. Sharps - instruments used in animal or human patient care or treatment or in 

medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the 

attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture 

dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken 

glassware that were in contact with infectious agents, such as used slides and cover slips. 

 e. Animal waste including contaminated animal carcasses, body parts, and bedding 

of animals that were known to have been exposed to infectious agents during research (including research 

in veterinary hospitals), production of biologicals or testing of pharmaceuticals. 

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 f. Isolation wastes - biological waste and discarded materials contaminated with 

blood, excretions, exudates, or secretions from humans who are isolated to protect others from highly 

communicable diseases, or isolated animals known to be infected with highly communicable diseases. 

 g. Unused sharps including the following unused, discarded sharps: hypodermic 

needles, suture needles, syringes, and scalpel blades. 

 49. Multiple-Chamber Incinerator - An incinerator consisting of at least two refractory lined 

combustion chambers (primary and secondary) in series, physically separated by refractory walls, 

interconnected by gas passage ports or ducts. 

 50. Municipal Solid Waste, MSW or Municipal-type Solid Waste - Household, 

commercial/retail, and/or institutional waste. Household waste includes material discarded by single and 

multiple residential dwellings, hotels, motels, and other similar permanent or temporary housing 

establishments or facilities. Commercial/retail waste includes material discarded by stores, offices, 

restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar 

establishments or facilities. Institutional waste includes material discarded by schools, nonmedical waste 

discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government 

facilities, and material discarded by other similar establishments or facilities. Household, 

commercial/retail, and institutional wastes include: 

 a. Yard waste; 

 b. Refuse-derived fuel; and 

 c. Motor vehicle maintenance materials limited to vehicle batteries and tires. 

 Household, commercial/retail, and institutional waste (MSW) does not include used oil; sewage 

sludge; wood pallets; construction, renovation, and demolition wastes (which includes but is not limited 

to railroad ties and telephone poles); clean wood; industrial process or manufacturing wastes (including 

type 5 or 6 waste); medical waste; radioactive contaminated waste; hazardous waste; or motor vehicles 

(including motor vehicle parts or vehicle fluff). 

 51. Municipal Waste Combustor, MWC, or Municipal Waste Combustor Unit - Any setting 

or equipment that combusts solid, liquid, or gasified municipal solid waste including, but not limited to, 

field-erected incinerators (with or without heat recovery), modular incinerators (starved-air or excess-air), 

boilers (i.e., steam generating units) and furnaces (whether suspension-fired, grate-fired, mass-fired, or 

fluidized bed-fired, etc.), air curtain incinerators, and pyrolysis/combustion units. Municipal waste 

combustors do not include pyrolysis/combustion units located at a plastics/rubber recycling units. 

Municipal waste combustors do not include internal combustion engines, gas turbines, or other 

combustion devices that combust landfill gases collected by landfill gas collection systems. 

 For the purpose of determining reconstruction or modification, as defined in 40 CFR 60, Subpart 

A or Regulation 62.5, Standard 3, to a municipal waste combustor the following applies: 

 a. The boundaries of a municipal solid waste combustor are defined as follows. The 

municipal waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed system, 

grate system, flue gas system, bottom ash system, and the combustor water system. The municipal waste 

combustor boundary starts at the municipal solid waste pit or hopper and extends through: 

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 i. The combustor flue gas system, which ends immediately following the 

heat recovery equipment or, if there is no heat recovery equipment, immediately following the 

combustion chamber; 

 ii. The combustor bottom ash system, which ends at the truck loading 

station or similar ash handling equipment that transfer the ash to final disposal, including all ash handling 

systems that are connected to the bottom ash handling system; and 

 iii. The combustor water system, which starts at the feed water pump and 

ends at the piping exiting the steam drum or superheater. 

 b. The municipal waste combustor unit does not include air pollution control 

equipment, the stack, water treatment equipment, or the turbine-generator set. 

 52. Non-Industrial Boiler - Any boiler not classified as an industrial boiler. 

 53. Non-Industrial Furnace - Any furnace not classified as an industrial furnace. 

 54. Non-Spec. Oil (Off-Spec. Oil) - See definition of used oil. 

 55. Opacity - The degree to which emissions reduce the transmission of light and obscure the 

view of an object in the background. 

 56. Open Burning - Any fire or smoke-producing process which is not conducted in any 

boiler plant, furnace, high temperature processing unit, incinerator or flare, or in any other such 

equipment primarily designed for the combustion of fuel or waste material. 

 57. PM10 - Particulate matter with an aerodynamic diameter less than or equal to a nominal 

10 micrometers as measured by a reference method based on Appendix J of 40 CFR 50 and designated in 

accordance with 40 CFR 53 or by an equivalent method designated in accordance with 40 CFR 53, July 1, 

1987. 

 58. PM10 Emissions - Finely divided solid or liquid material with an aerodynamic diameter 

less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by a reference 

method approved by the Department, with concurrence of the U. S. Environmental Protection Agency. 

 59. Part 70 permit - Any permit or group of permits covering a source subject to the 

permitting requirements of S.C. Regulation 61-62.70. The use of the term “Title V Permit” shall be 

construed to mean “Part 70 Permit.” 

 60. Particulate Matter - Any material, except uncombined water, that exists in a finely 

divided form as a liquid or solid at standard conditions. 

 61. Particulate Matter Emissions - All finely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by an applicable reference method described in 

40 CFR 60, July 1, 1987, or an equivalent or alternative method approved by the Department, with the 

concurrence of the U. S. Environmental Protection Agency. 

 62. Pathological waste - waste material consisting of only human or animal remains, 

anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and 

animal bedding (if applicable). 

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 63. Plant - Except as otherwise provided, any stationary source or combination of stationary 

sources, which is located on one or more contiguous or adjacent properties and owned or operated by the 

same person(s) under common control. 

 64. Plastics/Rubber Recycling Unit - An integrated processing unit where plastics, rubber, 

and/or rubber tires are the only feed materials (incidental contaminants may be included in the feed 

materials) and they are processed into a chemical plant feedstock or petroleum refinery feedstock, where 

the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. The 

combined weight of the chemical plant feedstock and petroleum refinery feedstock produced by the 

plastics/rubber recycling unit on a calendar quarter basis shall be more than 70 percent of the combined 

weight of the plastics, rubber, and rubber tires processed by the plastics/rubber recycling unit on a 

calendar quarter basis. The plastics, rubber, and/or rubber tire feed materials to the plastics/rubber 

recycling unit may originate from the separation or diversion of plastics, rubber, or rubber tires from 

MSW or industrial solid waste, and may include manufacturing scraps, trimmings, and off-specification 

plastics, rubber, and rubber tire discards. The plastics, rubber, and rubber tire feed materials to the 

plastics/rubber recycling unit may contain incidental contaminants (e.g., paper labels on plastic bottles, 

metal rings on plastic bottle caps, etc.). 

 65. Potential to Emit - The maximum capacity of a plant to emit a regulated pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the plant to 

emit a regulated pollutant, including air pollution control equipment and restrictions on hours of operation 

or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design 

only if the limitation or the effect it would have on emissions is federally enforceable. Secondary 

emissions do not count in determining the potential to emit of a plant. 

 66. Process Industry - Any source engaged in the manufacture, processing, handling, 

treatment, forming, storing or any other action upon materials except fuel-burning operations. 

 67. Process Weight - The total weight of all materials introduced into a source operation, 

including air and water where these materials become an integral part of the product, and solids used as 

fuels but excluding liquids and gases used solely as fuels. 

 68. Process Weight Rate - A rate established as follows: 

 a. For continuous or long-run steady-state source operations, the total process 

weight for the entire period of continuous operation or for a typical portion thereof, divided by the 

number of hours of such period or portion thereof. 

 b. For cyclical or batch unit operations, or unit processes, the total process weight 

for a period that covers a complete operation or an integral number of cycles, divided by the hours of 

actual process operation during such a period. 

 Where the nature of any process or operation or the design of any equipment is such as to permit 

more than one interpretation of this definition, the interpretation that results in the minimum value for 

allowable emission shall apply. 

 69. Pyrolysis/Combustion Unit - A unit that produces gases, liquids, or solids through the 

heating of waste, and the gases, liquids, or solids produced are combusted and emissions vented to the 

atmosphere. 

 70. Refuse - Garbage, rubbish and/or trade waste. 

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 71. Refuse-derived Fuel - A type of municipal solid waste produced by processing municipal 

solid waste through shredding and size classification. This includes all classes of refuse-derived fuel 

including low-density fluff refuse-derived fuel through densified refuse-derived fuel and pelletized 

refuse-derived fuel. 

 72. Retail Business Type Incinerator - An incinerator that combusts waste typical of a retail 

business rather than domestic, commercial, or industrial activities. 

 73. Rubbish - Solid wastes from residences and dwellings, commercial establishments, and 

institutions. 

 74. Salvage Operations - Any operation of a business, trade, or industry engaged in whole or 

in part in salvaging or reclaiming any product or material including, but not limited to, metals, chemicals, 

shipping containers, drums or automobiles. 

 75. Secondary Emissions - Emissions which would occur as a result of the construction or 

operation of a major plant or major modification, but do not come from the major plant or major 

modification itself. Secondary emissions shall be specific, well defined, quantifiable, and shall impact the 

same general area as the plant or modification which causes the secondary emissions. Secondary 

emissions may include, but are not limited to: 

 a. emissions from ships or trains moving to or from the new or modified plant. 

 b. emissions from any offsite support operation which would not otherwise be 

constructed or increase its emissions as a result of the construction or operation of the major plant or 

major modification. 

 76. Sludge Incinerator - An incinerator that combusts wastes containing more than 10% (dry 

weight basis) sludge produced by municipal or industrial waste water treatment plants or each incinerator 

that charges more than 2205 lb/day (dry weight basis) of sludge produced by municipal or industrial 

wastewater treatment plants. 

 77. Smoke - Small gasborne and airborne particles arising from a process of combustion in 

sufficient number to be observable by a person of normal vision under normal conditions. 

 78. Solid Fuel - A fuel which is fired as a solid such as coal, lignite and wood. 

 79. Spec. Oil - See definition of used oil. 

 80. Stack - Any flue, conduit, chimney, or opening arranged to conduct an effluent into the 

open air. 

 81. Stack Height - The vertical distance measured in feet between the point of discharge from 

the stack or chimney into the outdoor atmosphere and the elevation of the land thereunder. 

 82. Standard Conditions - 760 millimeters of mercury at 25o

 Centigrade. 

 83. Stationary Source - Any building, structure, installation or process which emits or may 

emit an air pollutant subject to regulation by any national or state standard. Use of the term “source” is to 

be construed to mean “stationary source.” 

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 84. Substantial loss - Generally means a loss which would equal or exceed 10 percent of the 

total initial project cost. 

 85. Synthetic minor plant - A stationary source that obtains a federally enforceable physical 

or operational limitation from the Department to limit or cap the stationary source’s potential to emit to 

avoid being defined as a major plant or major modification, as defined in S.C. Regulation 61-62.5, 

Standard No. 7, Section I, Prevention of Significant Deterioration (“PSD”). 

 86. The Act - The Clean Air Act, as amended, 42 U.S.C. 7401, et seq. 

 87. Total reduced sulfur (TRS) - The sum of the sulfur compounds hydrogen sulfide, methyl 

mercaptan, dimethyl sulfide, and dimethyl disulfide, that are released during the kraft pulping operation. 

 88. Total Suspended Particulate (TSP) - Particulate matter as measured by the method 

described in Appendix B, 40 CFR 50, July 1, 1987. 

 89. Trade Waste - All solid, liquid or gaseous material or rubbish resulting from construction, 

building operations, or the prosecution of any business, trade or industry including, but not limited to, 

plastic products, cartons, paint, grease, oil and other petroleum products, chemicals and cinders. 

 90. Untreated lumber - Wood or wood products that have been cut or shaped and include wet, 

air-dried, and kiln-dried wood products. Untreated lumber does not include wood products that have been 

painted, pigment-stained, or “pressure-treated.” Pressure-treating compounds include, but are not limited 

to, chromate copper arsenate, pentachlorophenol, and creosote. 

 91. Used Oil - Any oil that has been refined from crude or synthetic oil and as a result of use, 

storage, or handling, has become unsuitable for its original purpose due to the presence of impurities or 

loss of original properties, but which may be suitable for further use and may be economically recyclable. 

This also includes absorbent material contaminated with used oil such as oily rags or absorbent blankets. 

Two types of used oil are defined as follows: 

 a. Spec. Oil (Specification Oil) - Used oil that meets the following specifications: * 

 i. Arsenic - 5 ppm maximum 

 ii. Cadmium - 2 ppm maximum 

 iii. Chromium - 10 ppm maximum 

 iv. Lead - 100 ppm maximum 

 v. Nickel - 120 ppm maximum 

 vi. Total halogens - 4000 ppm maximum** 

 vii. Flash Point - 100o

F (37.8oC) minimum 

 _______________ 

 * This specification does not apply to used oil fuel mixed with a hazardous 

waste. 

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 ** Used oil containing more than 1000 ppm total halogens is presumed to be a 

hazardous waste. The burden of proof that this is not true rests with the user. 

 _______________ 

 b. Non-Spec. Oil (Off-Spec. Oil) - Used oil that does not meet the specification 

above. 

 92. Utility Boiler - A boiler that produces steam, heated air, or other heated fluids for sale or 

for use in producing electric power for sale. 

 93. Virgin Fuel - Unused solid, liquid, or gaseous commercial fuel. Also, clean wood or bark 

that has not been processed other than for size reduction excluding clean wood or bark burned in an air 

curtain incinerator. 

 94. Volatile Organic Compound (VOC) - Any organic compound which participates in 

atmospheric photochemical reactions; or which is measured by a reference method (as specified in 40 

CFR 60, as of July 1, 1990), an equivalent method, an alternative method, or which is determined by 

procedures specified under any subpart of 40 CFR 60. This includes compounds other than the following 

compounds: 

acetone; 

(CF3)2CFCF2OC2H5 (2-(ethoxydifluoromethyl)-(1,1,1,2,3,3,3-heptafluoropropane); 

((CF3)2CFCF2OCH3,) (2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane); 

CFC-11 (trichlorofluoromethane); 

CFC-12 (dichlorodifluoromethane); 

CFC-113 (1,1,2-trichloro-1,2,2-trifluoroethane); 

CFC-114 (1,2-dichloro-1,1,2,2-tetrafluoroethane); 

CFC-115 (chloropentafluoroethane); 

dimethyl carbonate; 

ethane; 

HCFC-22 (chlorodifluoromethane); 

HCFC-31 (chlorofluoromethane); 

HCFC-123 (1,1,1-trifluoro-2,2-dichloroethane); 

HCFC-123a (1,2-dichloro-1,1,2-trifluoroethane); 

HCFC-124 (2-chloro-1,1,1,2-tetra-fluoroethane); 

HCFC-134a (1,1,1,2-tetrafluoroethane); 

HCFC-141b (1,1-dichloro-1-fluoroethane); 

HCFC-142b (1-chloro-1,1-difluoroethane); 

HCFC-151a (1-chloro-1-fluoroethane); 

HCFC 225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane); 

HCFC 225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane); 

HFC-23 (trifluoromethane); 

HFC-32 (difluoromethane); 

HFC 43-10mee (1,1,1,2,3,4,4,5,5,5-decafluoropentane); 

HFC-125 (pentafluoroethane); 

HFC-134 (1,1,2,2-tetrafluoroethane); 

HFC-143a (1,1,1-trifluoroethane); 

HFC-152a (1,1-difluoroethane); 

HFC-161 (ethylfluoride); 

HFC 227ea (1,1,1,2,3,3,3-heptafluoroproane); 

HFC-236ea (1,1,1,2,3,3-hexafluoropropane); 

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HFC-236fa (1,1,1,3,3,3-hexafluoropropane); 

HFC-245ca (1,1,2,2,3-pentafluoropropane); 

HFC-245ea (1,1,2,3,3-pentafluoropropane); 

HFC-245eb (1,1,1,2,3-pentafluoropropane); 

HFC-245fa (1,1,1,3,3-pentafluoropropane); 

HFC-365mfc (1,1,1,3,3-pentafluorobutane); 

HFE-7000 (1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane) or (n-C3F7OCH3); 

HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane) or (C4F9OCH3); 

HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane) or (C4F9OC2H5); 

HFE-7300 (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane; 

HFE-7500 (3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane; 

methane; 

methyl acetate; 

methyl chloroform (1,1,1-trichloroethane); 

methylene chloride (dichloromethane); 

methyl formate (HCOOCH3); 

parachlorobenzotrifluoride (PCBTF); 

perchloroethylene (tetrachloroethylene);, and

perfluorocarbon compounds that fall into these classes: 

 (i) cyclic, branched, or linear, completely fluorinated alkanes; 

(ii) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; 

(iii) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; 

(iv) sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to 

carbon and fluorine. 

propylene carbonate; and 

volatile methyl siloxanes (cyclic, branched, or linear completely methylated siloxanes) (VMS). 

These compounds have been determined to have negligible photochemical reactivity. For purposes of 

determining compliance with emission limits, VOC will be measured by the approved test methods. 

Where such a method also inadvertently measures compounds with negligible photochemical reactivity, 

an owner or operator may exclude these negligibly reactive compounds when determining compliance 

with an emissions standard. 

The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely 

identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC 

content requirements: t-butyl acetate (TBAC or TBAc). 

 95. Waste - Any discarded material including but not limited to used oil, hazardous waste 

fuel, hazardous waste, medical waste, municipal solid waste, sludge, waste fuel, and waste classification 

Types 0 through 6 or any material which as a result of use, storage, or handling has become unsuitable for 

its original purpose due to the presence of impurities or loss of original properties. 

 a. Type 0 - Trash, a mixture of highly combustible waste such as paper, cardboard, 

wood boxes, and combustible floor sweepings, from commercial and industrial activities. The mixture 

contains up to 10% by weight of plastic bags, coated paper, laminated paper, treated corrugated 

cardboard, oily rags and plastic or rubber scraps. 

 Typical composition: 10% moisture, 5% incombustible solids and has a heating value of 

approximately 8500 BTU per pound as fired. 

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 b. Type 1 - Rubbish, a mixture of combustible waste such as paper, cardboard 

cartons, wood scrap, foliage and combustible floor sweepings, from domestic, commercial and industrial 

activities. The mixture contains up to 20% by weight of restaurant or cafeteria waste, but contains little or 

no treated papers, plastic or rubber wastes. 

 Typical composition: 25% moisture, 10% incombustible solids and has a heating value of 

approximately 6500 BTU per pound as fired. 

 c. Type 2 - Refuse, consisting of an approximately even mixture of rubbish and 

garbage by weight. This type of waste is common to apartment and residential occupancy. 

 Typical composition: up to 50% moisture, 7% incombustible solids, and has a heating 

value of approximately 4300 BTU per pound as fired. 

 d. Type 3 - Garbage, consisting of animal and vegetable wastes from restaurants, 

cafeterias, hotels, hospitals, markets, and like installations. 

 Typical composition: up to 70% moisture, up to 5% incombustible solids and has a 

heating value of approximately 2500 BTU per pound as fired. 

 e. Type 4 - Human and animal remains, consisting of carcasses, organs and solid 

organic wastes from hospitals, laboratories, abattoirs, animal pounds, and similar sources. 

 Typical composition: up to 85% moisture, 5% incombustible solids, and having a heating 

value of approximately 1000 BTU per pound as fired. 

 f. Type 5 - By-product waste, gaseous, liquid or semi-liquid, such as tar, paints, 

solvents, sludge, fumes, etc., from industrial operations. BTU values shall be determined by the 

individual materials to be destroyed. 

 g. Type 6 - Solid by-product waste, such as rubber, plastics, wood waste, etc., from 

industrial operations. BTU values shall be determined by the individual materials to be destroyed. 

 96. Waste Fuel - Waste that does not meet hazardous waste criteria but has a heat value 

greater than 5000 BTU/lb. 

 97. Yard waste - Grass, grass clippings, bushes, shrubs, and clippings from bushes and 

shrubs that are generated by residential, commercial/retail, institutional, and/or industrial sources as part 

of maintenance activities associated with yards or other private or public lands. Yard waste does not 

include construction, renovation, and demolition wastes, which are exempt from the definition of 

municipal solid waste in this Section. Yard waste does not include clean wood, which is also exempt from 

the definition of municipal solid waste in this Section. 

SECTION II - PERMIT REQUIREMENTS.

A. Construction Permits 

 1. Applicability 

a. This regulation will not supersede any State or Federal requirements nor special permit 

conditions, unless this regulation would impose a more restrictive emission limit. 

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 b. Except as allowed under paragraphs (c) and (d) below, any person who plans to 

construct, alter or add to a source of air contaminants, including installation of any device for the control 

of air contaminant discharges, shall first obtain a construction permit from the Department prior to 

commencement of construction. 

c. The Department may grant permission to proceed with minor alterations or additions 

without issuance of a construction permit when the Department determines that the alteration or addition 

will not increase the quantity and will not alter the character of the source’s emissions. 

 d. The owners or operators of sources not requesting to use Federally enforceable 

construction permit conditions to limit potential to emit, sources not subject to regulations with more 

stringent start of construction limitations, or sources not otherwise exempt from permit requirements, may 

undertake the following on-site activities prior to obtaining a construction permit: 

 i. Planning; 

 ii. Engineering and design; 

 iii. Geotechnical investigation; 

 iv. Site land clearing and grading; 

 v. Setting up temporary trailers to house construction staff and contractor 

personnel; 

 vi. Ordering of equipment and materials; 

 vii. Receipt and storing of equipment; 

 viii. Pouring of the foundation up to and including the mounting pads and 

slab on grade; 

 ix. Relocation of utilities; and, 

 x. For existing sources, relocation/installation of piping, electrical service, 

and instrumentation. 

In the event that the source does not qualify for issuance of a construction permit, the owners or operators 

accept the financial risk of commencing these activities. 

2. No permit to construct or modify a source will be issued if emissions interfere with attainment or 

maintenance of any State or Federal standard. 

3. The owner or operator shall submit written notification to the Department of the date construction 

is commenced, postmarked no later than 30 days after such date, and written notification of the actual 

date of initial startup of each new or altered source, postmarked within 15 days after such date. 

4. The owner or operator shall comply with all terms, conditions, and limitations of any 

Department-issued construction permit for sources or activities at its facility. 

5. Approval to construct shall become invalid if construction is not commenced within 18 months 

after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if 

construction is not completed within a reasonable time. The Department may extend the 18-month period 

upon a satisfactory showing that an extension is justified. This provision does not apply to the time 

period between construction of the approved phases of a phased construction project; each phase must 

commence construction within 18 months of the projected and approved commencement date. 

B. Exemptions From the Requirement to Obtain a Construction Permit

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 1. No construction permits shall be required for the sources listed in Section II (B)(1)(a) 

through (c) which burn virgin fuel and which were constructed prior to February 11, 1971 and which are 

not located at a facility that meets the definition of a major source as defined in S.C. Regulation 61-

62.70.2(r); however, modifications at these facilities may trigger the requirement to obtain a construction 

permit. 

 a. Natural gas boilers. 

 b. Oil-fired boilers of 50 x 106

 BTU/HR rated input capacity or smaller. 

 c. Coal-fired boilers of 20 x 106

 BTU/HR rated input capacity or smaller. 

 2. No construction permits shall be required for the sources listed in Section II (B)(2)(a) 

through (h), unless otherwise specified by S.C. Regulation 61-62.70 or any other State or Federal 

requirement. A source's exemption status may change upon the promulgation of new regulatory 

requirements applicable to any of the sources listed in Section II (B)(2)(a) through (g), or to any other 

sources that have been determined to have total uncontrolled emissions less than the thresholds in Section 

II (B)(2)(h), or to any similar sources that have been granted an exemption by the Department. 

 a. Boilers and space heaters of less than 1.5 x 106

 BTU/HR rated input capacity 

which burn only virgin liquid fuels or virgin solid fuels. 

 b. Boilers and space heaters of less than 10 x 106

 BTU/HR rated input capacity 

which burn only virgin gas fuels. 

 c. Comfort air-conditioning or ventilation systems. 

 d. Motor vehicles. 

 e. Laboratory hoods. 

 f. Emergency power generators as described below: 

 i. Generators of less than or equal to 150 KW rated capacity. 

 ii. Generators of greater than 150 KW rated capacity designated for 

emergency use only and are operated a total of 500 hours per year or less for testing and maintenance and 

have a method to record the actual hours of use such as an hour meter. 

g. Sources emitting only steam, air, nitrogen, oxygen, carbon dioxide, or any physical 

combination of these. 

 h. Sources with a total uncontrolled emission rate of less than 1 lb/hr each of 

particulates, sulfur dioxide, nitrogen oxides, and carbon monoxide; and a total uncontrolled emission rate 

of less than 1000 lbs/month of VOC will not require construction permits. However, these sources may 

be required to be included in any subsequent construction or operating permit review to ensure that there 

is no cause or contribution to an exceedance of any ambient air quality standard or limit. For toxic air 

pollutant exemptions, refer to S.C. Regulation 61-62.5, Standard No. 8. 

 3. The Department will place the exempt sources listed in Section II (B)(2)(a) through (g), 

and other sources that have been determined to have total uncontrolled emissions less than the thresholds 

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in Section II (B)(2)(h), on a list of sources to be exempted without further review. The list of sources that 

are exempt without further review from the requirement to obtain a construction permit will be 

maintained by the Department and periodically published in the South Carolina State Register for use by 

the public and the regulated community. 

 4. Sources whose only emissions are fugitive must submit source information, and the need 

for permit(s) will be made by the Department on a case-by-case basis. This determination will take into 

consideration, but will not be limited to the nature and amount of the pollutants, location, proximity to 

residences and commercial establishments, etc. 

 5. Requests for exemption from the requirement to obtain a construction permit, for new 

sources similar to sources already on the Department maintained list established in Section II (B)(3), or 

for modifications to existing equipment, including the reconstruction, relocation, and replacement of 

existing equipment, which may qualify for exemption as per Section II (B)(2)(h) and Section II (B)(4), 

shall include the following information: 

 a. A complete description of the existing equipment and proposed modification; 

 b. The pollutant(s) being emitted and any deviation from the parameters provided in 

earlier permit applications, permit exemptions, and issued permits; 

 c. Any ambient air quality demonstrations needed for S.C. Regulation 61-62.5, 

Standards No. 2, No. 7, and No. 8; and, 

 d. A regulatory review to demonstrate the project is not a CAA Title I modification, 

nor subject to S.C. Regulation 61-62.5, Standards No. 7 and 7.1. 

 6. The construction permitting exemptions in Section II (B) do not relieve the owner or 

operator of any source from any obligation to comply with any other applicable requirements. 

C. Construction Permit Applications 

 1. Construction permit applications shall be reviewed and signed by a professional engineer 

registered to practice in the State of South Carolina (except professional engineers employed by the 

Federal government preparing applications for the Federal government or other professional engineers 

exempted from the State registration requirements.) 

 2. The following are exempt from the requirement that the construction permit applications 

be reviewed and signed by a registered professional engineer provided the proposed unit is identical to a 

prototype model which has been previously designed or otherwise certified by a professional engineer: 

 a. Package-type incinerators of 750 pounds/hr rated capacity or smaller which burn 

types 0 and 1 wastes as defined by the Incinerator Institute of America; 

 b. Package-type incinerators of 500 pounds/hr rated capacity or smaller which burn 

animal remains excluding those remains that are considered infectious waste; and, 

 c. Package-type boilers of 100 x 106

 BTU/hr input capacity or smaller which burn 

natural gas or virgin oil as fuel. 

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 3. Construction permit applications shall provide the information described in Section II 

(C)(3)(a) through (p). This information should be submitted on Department forms, but project specific 

information may need to be provided in addition to that requested in applicable forms. 

 a. The company name and mailing address; the facility name and mailing address 

(if different from that of the company); and the name, mailing address, and telephone number of the 

owner or agent for the company; 

 b. The location of the facility including its street address and the name, mailing 

address, and telephone number of the facility's contact person; 

 c. The facility's Federal Identification Number; 

 

 d. A description and the U. S. Standard Industrial Classification (SIC) Code or 

North American Industry Classification System (NAICS) Code of the products or product lines to be 

produced by the proposed sources covered by this application; 

 e. The facility's planned operating schedules; 

 f. A description of the facility's proposed new or altered processes, including the 

physical and chemical properties and feed rate of the materials used and produced (in pounds per hour), 

from which the facility determined potential emissions; 

 g. A process flow diagram/production process layout of all new or altered sources 

showing the flow of materials and intermediate and final products. The process flow diagram/production 

process layout must identify all equipment, machines, and process steps or product lines within the 

production process, all product streams, all exhaust streams (emission points) including fugitive within 

the production process, all waste streams, and all control devices including inherent process control 

devices used within the production process; 

 h. A detailed description of each proposed or existing source that is being altered, 

including the size and type along with the make and model of the source and any associated air pollution 

control equipment; 

 i. A description, including physical and chemical properties and the Chemical 

Abstract Service (CAS) number (if applicable), of all emissions from each proposed source or existing 

source that is being altered. Mass emission data and emission calculations, including the potential 

uncontrolled and controlled mass emission rate of each criteria pollutant and other air contaminants such 

as volatile organic compounds (VOC), toxic air pollutants (TAP), and hazardous air pollutants (HAP), 

that will be emitted from each source covered by the application. Emission calculations must be based on 

proper documentation that supports the basis of the emission rates such as stack test data, AP-42 emission 

factors, material balance, and/or engineering estimates. All assumptions used in the emission calculations 

must be provided. Fugitive emissions (i.e. emissions from filling operations, pumps, valves, flanges, etc.) 

must be included in the emission calculations; 

 j. A description of all air pollution control devices or systems on the new or altered 

sources, whether inherent or add-on. The description shall include, but not be limited to, the 

manufacturer specifications and ratings, the engineering design and operating characteristics, the 

projected capture, and destruction, control, or removal efficiencies at expected contaminant loading 

levels, and the monitoring data collection and recordkeeping necessary to ensure proper operation of the 

air pollution control devices; 

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 k. Source information and calculations to demonstrate compliance with "Good 

Engineering Practice Stack Height" rules. 

 l. A description of each stack or vent related to the proposed and/or existing 

source(s), including the minimum anticipated height above ground, maximum anticipated internal 

dimensions, discharge orientation, exhaust volume flow rate, exhaust gas temperature, and rain protection 

device, if any; 

 m. Scale drawings showing a plan view of the property lines, the location of the 

source, all stacks and other emission points related to the source; 

 n. An air dispersion modeling analysis or other information demonstrating that 

emissions from the facility, including those in the application, will not interfere with the attainment or 

maintenance of any ambient air quality standard; 

 o. A summary of facility-wide potential uncontrolled and controlled emissions with 

a regulatory applicability determination; and, 

 p. Other information as may be necessary for proper evaluation of the source as 

determined by the Department. 

D. General Construction Permits 

 1. The Department may develop and issue general construction permits applicable to similar 

sources for new construction projects or minor modifications to existing sources. General construction 

permits developed shall incorporate all requirements applicable to the construction of similar sources and 

shall identify criteria by which sources may qualify for coverage under the general construction permit. 

 2. Sources may submit a construction permit application to the Department with a request 

for coverage under the conditions and terms of a general construction permit for similar sources. The 

Department shall grant the general construction permit to sources certifying qualification for and agreeing 

to the conditions and terms of the general construction permit for similar sources. The source shall be 

subject to enforcement action for operation without a valid permit if the source is later determined not to 

qualify for coverage under the general construction permit. 

 3. The Department may grant a source's request for authorization to operate under a general 

construction permit, but such a grant shall be a final permit action for purposes of judicial review. 

 4. The permit application for general construction permits may deviate from the 

requirements of Section II (C) provided that such application includes all information necessary to 

determine qualification for, and to assure compliance with, the general permit. 

 5. A source that qualifies for coverage under a Department issued general construction 

permit may submit a construction permit application to the Department and request an individual 

construction permit in lieu of coverage under a general construction permit. 

E. Synthetic Minor Construction Permits 

 1. General Provisions 

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Text of Final Regulation - Page 22
 a. Any stationary source may request to use Federally enforceable permit conditions 

to limit the source's potential to emit and become a synthetic minor source. 

 b. Stationary sources requesting a synthetic minor construction permit shall submit 

a complete permit application package to the Department as prescribed by S.C. Regulation 61-62.1, 

Section II (E)(5). 

 c. Stationary sources requesting a synthetic minor construction permit shall undergo 

the public participation procedures of S.C. Regulation 61-62.1, Section II (N). 

 d. The Department shall act, within a reasonable time, on an application for a 

synthetic minor construction permit and shall notify the applicant in writing of its approval, conditional 

approval, or denial. 

 e. In the event of a denial of a synthetic minor construction permit application, the 

Department shall notify the applicant in writing of the reasons for the denial. The Department shall not 

accept a subsequent synthetic minor construction permit application until the applicant has addressed the 

concerns specified by the Department which caused the denial. The source shall correct all deficiencies 

noted by the Department within 60 calendar days of receiving notice of the denial, or submit a complete 

major source construction permit application as prescribed by S.C. Regulation 61-62.1, Section II (C) if 

the source desires to proceed with the project. 

 2. New Sources and Modifications 

 a. Stationary sources desiring to restrict its potential to emit shall submit a written 

request to the Department for a Federally enforceable construction permit conditioned to constrain the 

operation of the source, along with a completed construction permit application package as prescribed by 

S.C. Regulation 61-62.1, Section II (E)(5). The construction of the new or modified source shall not 

commence until the source has received an effective permit to construct. 

 b. The owner or operator shall submit written notification to the Department of the 

date construction is commenced, postmarked no later than 30 days after such date, and written 

notification of the actual date of initial startup of each new or altered source, postmarked within 15 days 

after such date. A written request to obtain an operating permit shall be submitted to the Department no 

later than fifteen (15) days after the actual date of initial startup of each new or altered source in 

accordance with S.C. Regulation 61-62.1, Section II (F). A satisfactory compliance inspection by a 

Department representative may precede the issuance of an operating permit for any newly constructed or 

modified source. 

 3. Synthetic Minor Construction Permit Conditions 

 a. Synthetic minor construction permits shall contain the standard permit conditions 

listed in Section II (J)(1) and any special permit conditions required to verify a source's compliance with 

the emissions limitations and operational requirements. 

 b. The limitations and requirements listed as permit conditions shall be permanent, 

quantifiable, or otherwise enforceable as a practical matter. 

 c. All synthetic minor construction permit conditions that constrain the operation of 

a source in an effort to limit potential to emit below major source threshold levels shall be Federally 

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Text of Final Regulation - Page 23
enforceable. Unless otherwise agreed by the Department and EPA, the Department shall provide to EPA 

on a timely basis a copy of each proposed (or draft) and final permit intended to be Federally enforceable. 

 4. General Synthetic Minor Construction Permits 

 a. The Department may, after notice and opportunity for public participation 

provided under S.C. Regulation 61-62.1, Section II (N), issue a general synthetic minor construction 

permit applicable to similar sources. Any general synthetic minor construction permit shall incorporate 

all requirements applicable to the construction of similar synthetic minor sources and shall identify 

criteria by which sources may qualify for the general permit. Sources may submit a permit application to 

the Department with a request for coverage under the conditions and terms of a general synthetic minor 

construction permit for similar sources. The Department shall grant the general synthetic minor 

construction permit to sources certifying qualification for and agreeing to the conditions and terms of the 

general synthetic minor construction permit for similar sources. The source shall be subject to 

enforcement action for operation without a valid permit if the source is later determined not to qualify for 

the conditions and terms of the general synthetic minor construction permit. 

 b. The Department may grant a source's request for authorization to operate under a 

general permit without further public notice, but such a grant shall be a final permit action for purposes of 

judicial review. 

 c. The Department shall provide timely notice to the public of any authorization 

given to a facility to operate under the terms of a general permit. Such notice may be made on a periodic, 

summarized basis covering all facilities receiving authorization since the last notice. 

 5. Requirements for Synthetic Minor Construction Permit Applications 

 a. In addition to the minimum information required by S.C. Regulation 61-62.1, 

Section II (C)(3), any facility applying for a synthetic minor construction permit must also provide the 

following: 

 i. Potential emission calculations and proposed Federally enforceable 

emission limitations for each emission unit at the facility verifying that the total emissions at the facility 

will be below the major source (or facility) thresholds; 

 ii. All proposed production and/or operational limitations that will constrain 

the operation of each emission unit that are to be identified as Federally enforceable; and, 

 iii. All proposed monitoring parameters, recordkeeping and reporting 

requirements the applicant will use to determine and verify compliance with the requested Federally 

enforceable limitations on a continuous basis. The applicant shall also provide the compliance status of 

these proposed parameters and requirements at the time of the application submittal. 

 b. The permit application for general synthetic minor construction permits may 

deviate from the requirements of Section II (E)(5)(a) provided that such application includes all 

information necessary to determine qualification for, and to assure compliance with, the general permit 

F. Operating Permits 

 1. The owner or operator shall submit written notification to the Department of the actual 

date of initial startup of each new or altered source, postmarked within 15 days after such date. Any 

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Text of Final Regulation - Page 24
source that is required to obtain an air quality construction permit issued by the Department must obtain 

an operating permit when the new or altered source is placed into operation and shall comply with the 

requirements of this section. 

 

 2. The owner/operator or professional engineer in charge of the project shall certify that, to 

the best of his/her knowledge and belief and as a result of periodic observation during construction, the 

construction under application has been completed in accordance with the specifications agreed upon in 

the construction permit issued by the Department. If construction is certified as provided above, the 

permittee may operate the source in compliance with the terms and conditions of the construction permit 

until the operating permit is issued by the Department. If construction is not built as specified in the 

permit application and associated construction permit(s), the owner/operator must submit to the 

Department a complete description of modifications that are at variance with the documentation of the 

construction permitting determination prior to commencing operation. Construction variances that would 

trigger additional requirements that have not been addressed prior to start of operation shall be considered 

construction without a permit. 

 

3. Request for a New or Revised Operating Permit 

 a. For sources covered by an effective Title V operating permit, the modification 

request required by S.C. Regulation 61-62.70 shall serve as the request to operate for the purposes of this 

regulation. 

 b. For sources not subject to S.C. Regulation 61-62.70, or not yet covered by an 

effective Title V operating permit, the permittee shall submit a written request for a new or revised 

operating permit to cover any new, or altered source, postmarked no later than fifteen (15) days after the 

actual date of initial startup of each new or altered source. 

 c. The written request for a new or revised operating permit must include, as a 

minimum, the following information: 

 i. A list of sources that were placed into operation. 

 ii. The actual date of initial startup of each new or altered source. 

G. Conditional Major Operating Permits 

1. The requirements of Section II (G) shall apply to those sources that request a Federally 

enforceable permit to limit their potential to emit to less than major source thresholds. 

 2. General Provisions 

 a. Any stationary source that satisfies the definition of a major source may request a 

Federally enforceable conditional major operating permit to limit the source's potential to emit and 

become a conditional major source. Any stationary source that has received a synthetic minor 

construction permit to limit the source's potential to emit below major source threshold levels, that is not 

required to obtain a Title V operating permit, shall be issued a conditional major operating permit to 

consolidate the source's limitations on potential to emit, and shall be considered a conditional major 

source. 

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 b. Stationary sources requesting a conditional major operating permit shall submit a 

complete request for a new or revised operating permit to the Department as required by S.C. Regulation 

61-62.1, Section II (G)(6). 

 c. Stationary sources requesting an original or renewed conditional major operating 

permit shall undergo the public participation procedures of S.C. Regulation 61-62.1, Section II (N). 

Submission of a request for renewal meeting the requirements in S.C. Regulation 61-62.1, Section II (H) 

shall allow the permittee to continue operating pursuant to the most recent conditional major operating 

permit, until such time as the Department has taken final action on the request for renewal. 

 d. The Department shall act on a request for a conditional major operating permit 

and shall notify the source in writing of its approval, conditional approval, or denial. 

 e. In the event of a denial of a conditional major operating permit request, the 

Department shall notify the source in writing of the reasons for the denial. The Department shall not 

accept a subsequent conditional major operating permit request until the source has addressed the 

concerns specified by the Department which caused the original denial. The source shall correct all 

deficiencies noted by the Department or submit a complete permit application in accordance with S.C. 

Regulation 61-62.70 in order to receive a Title V operating permit. 

 3. Existing Sources 

 a. Any owner or operator desiring to be permitted as a conditional major source 

shall submit an operating permit request containing the information identified in S.C. Regulation 61-62.1, 

Section II (G)(6). A Federally enforceable conditional major operating permit shall constrain the 

operations of the source such that potential emissions fall below applicable regulatory levels and therefore 

exclude the source from the requirements to have a Title V operating permit. 

 b. A request for a conditional major operating permit shall not relieve a source from 

the requirement to meet the deadline for submittal of a Title V operating permit application. 

 4. New sources 

 a. Any owner or operator who plans to construct, alter, or add to a source of air 

contaminants, including the installation of any device for the control of air contaminant discharges, and 

desires a conditional major operating permit shall provide a written request to the Department for a 

Federally enforceable synthetic minor construction permit conditioned to constrain the operation of the 

source, along with a complete construction permit application package containing the information 

identified in S.C. Regulation 61-62.1, Section II (G)(6). The construction of the new or modified source 

shall not commence until the source has received an effective permit to construct from the Department. 

 b. A written request to obtain a conditional major operating permit shall be 

submitted to the Department postmarked no later than fifteen (15) days after the actual date of initial 

startup of each new or altered source. This request shall include any additional information required in 

S.C. Regulation 61-62.1, Section II (G)(6). These facilities will be issued conditional major operating 

permits without further public notice if no substantive changes to limitations are required. A satisfactory 

compliance inspection by a Department representative may precede the issuance of an operating permit 

for any newly constructed or modified source. 

 5. Conditional Major Operating Permit Conditions 

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 a. Conditional major operating permits shall contain the standard permit conditions 

listed in Section II (J)(1) and any special permit conditions required to verify a source's compliance with 

the emissions limitations and operational requirements. 

 b. The limitations and requirements listed as permit conditions shall be permanent, 

quantifiable, or otherwise enforceable as a practical matter. 

 c. All conditional major operating permit conditions that constrain the operation of 

a source in an effort to limit potential to emit below major source threshold levels as defined in S.C. 

Regulation 61-62.70 shall be Federally enforceable. Unless otherwise agreed by the Department and EPA, 

the Department shall provide to EPA on a timely basis a copy of each proposed (or draft) and final permit 

intended to be Federally enforceable. 

 6. Additional Requirements for Conditional Major Operating Permit Requests 

 a. In addition to the minimum information required by S.C. Regulation 61-62.1, 

Section II (C)(3), any facility requesting a conditional major operating permit must also provide the 

following: 

 i. Potential emission calculations and proposed Federally enforceable 

emission limitations for each emission unit at the facility verifying that the total emissions at the facility 

will be below the major source (or facility) thresholds. 

 ii. All proposed production and/or operational limitations that will constrain 

the operation of each emission unit that are to be identified as Federally enforceable. 

 iii. All proposed monitoring parameters, recordkeeping and reporting 

requirements the source will use to determine and verify compliance with the requested Federally 

enforceable limitations on a continuous basis. The source shall also provide the compliance status of these 

proposed parameters and requirements at the time of the request submittal. 

 b. The request for general conditional major operating permits may deviate from the 

requirements of Section II (G)(6) provided that such request includes all information necessary to 

determine qualification for, and to assure compliance with, the general permit. 

 7. General Conditional Major Operating Permits 

 a. The Department may, after notice and opportunity for public participation 

provided under S.C. Regulation 61-62.1, Section II (N), issue a general conditional major operating 

permit applicable to similar sources. Any general conditional major operating permit shall incorporate all 

requirements applicable to the operation of similar conditional major sources and shall identify criteria by 

which sources may qualify for the general permit. Sources may submit a permit application to the 

Department with a request for coverage under the conditions and terms of a general conditional major 

operating permit for similar sources. The Department shall grant the general conditional major operating 

permit to sources certifying qualification for and agreeing to the conditions and terms of the general 

conditional major operating permit for similar sources. The source shall be subject to enforcement action 

for operation without a valid permit if the source is later determined not to qualify for the conditions and 

terms of the general conditional major operating permit. 

 b. The Department may grant a source's request for authorization to operate under a 

general permit without further public notice, but such a grant shall be a final permit action for purposes of 

judicial review. 

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 c. The Department shall provide timely notice to the public of any authorization 

given to a facility to operate under the terms of a general permit. Such notice may be made on a periodic, 

summarized basis covering all facilities receiving authorization since the last notice. 

H. Operating Permit Renewal Requests 

 1. Any source that wishes to have its operating permit renewed must submit a written 

request to the Department. 

 2. The provisions of S.C. Regulation 61-62.1, Section II (H), shall apply only to those 

sources not subject to S.C. Regulation 61-62.70. For sources covered by an effective Title V operating 

permit, the operating permit renewal request required by S.C. Regulation 61-62.70 shall serve as the 

request to operate for the purposes of this regulation. 

 3. For sources not subject to S.C. Regulation 61-62.70, the permittee shall submit an 

operating permit renewal request to the Department no later than 90 days prior to the operating permit 

expiration date. The source may be inspected by the Department in order to decide whether to renew the 

permit. Past records of compliance and future probability of compliance will be considered in making the 

decision regarding renewal. 

 4. Operating permit renewal requests shall include a description of any changes at the 

facility that have occurred since issuance of the last operating permit that may effect the operating permit 

or operating permit review. In general, the description shall include any addition, alteration or removal of 

sources, including sources exempt from construction permit requirements; addition, alteration or removal 

of emission limitations; any changes to monitoring, recordkeeping, or reporting requirements; and any 

changes or additions to special permit conditions. The following items should be addressed as part of the 

operating permit renewal request: 

 a. The company name and mailing address; the facility name and mailing address 

(if different from that of the company); and the name, mailing address, and telephone number of the 

owner or agent for the company; 

 b. The location of the facility including its street address and the name, mailing 

address, and telephone number of the facility's contact person; 

 c. The facility's Federal Identification Number; 

 

 d. Any change to the U. S. Standard Industrial Classification (SIC) Code or North 

American Industry Classification System (NAICS) Codes of the products or product lines; 

 e. Any construction permits to be incorporated into the operating permit, either 

whole or in part, and any listed information descriptions that have been removed or decommissioned. 

Any changes to exempted sources listed in current operating permit; 

 f. Any change to the facility's planned operating schedules or description of the 

facility's current and/or proposed processes, including the physical and chemical properties and feed rate 

of the materials used and produced (in pounds per hour), from which the facility determined actual and 

potential emissions; 

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 g. Any changes to current process flow diagram or production process layout shall 

be addressed, showing the flow of materials and intermediate and final products. Updated process flow 

diagram or production process layout must identify major equipment, machines, and process steps or 

product lines within the production process, all product streams, all exhaust streams (emission points) 

including fugitive within the production process, all waste streams, and all control devices including 

inherent process control devices used within the production process; 

 h. A description, including the Chemical Abstract Service (CAS) number (if 

applicable), of all emissions from each source. Mass emission data and emission calculations, including 

the potential uncontrolled and controlled mass emission rate of each criteria pollutant and other air 

contaminants such as volatile organic compounds (VOC), toxic air pollutants (TAP), and hazardous air 

pollutants (HAP), emitted from each source. Emission calculations must be based on proper 

documentation that supports the basis of the emission rates such as stack test data, AP-42 emission 

factors, material balance, and/or engineering estimates. All assumptions used in the emission calculations 

must be provided. Fugitive emissions (i.e. emissions from filling operations, pumps, valves, flanges, etc.) 

must be included in the emission calculations. A summary of facility-wide potential uncontrolled and 

controlled emissions with a regulatory applicability determination. If existing data supplied to the Bureau 

remains correct, identify documents referenced to comply with this requirement; 

 i. If no longer accurate, a revised air dispersion modeling analysis or other 

information demonstrating that emissions from the facility will not interfere with the attainment or 

maintenance of any ambient air quality standard. As needed, include a description of each stack or vent 

related to the proposed and/or existing source(s), minimum anticipated height(s) above ground, maximum 

anticipated internal dimensions, discharge orientation(s), exhaust volume flow rate(s), exhaust gas 

temperature(s), and rain protection devices, if any. If existing data supplied to the Bureau remains 

correct, identify document referenced to comply with this requirement; and, 

 j. Other information as may be necessary for proper evaluation of the operating 

permit request. 

I. Registration Permits 

 1. Development of Registration Permits 

 a. The Department may, after notice and opportunity for public participation 

provided under S.C. Regulation 61-62.1, Section II (N), develop registration permits applicable to similar 

sources. Any registration permit developed shall specify compliance with all requirements applicable to 

the construction or operation of that specific category of stationary sources and shall identify criteria by 

which sources may qualify for the registration permit. 

 b. Registration permits will be developed only for specific stationary source groups 

with uncontrolled potential to emit less than the threshold for major source groups, in accordance with 

S.C. Regulation 61-62.70, Title V Operating Permit Program; S.C. Regulation 61-62.5, Standard No. 7; 

Prevention of Significant Deterioration; S.C. Regulation 61-62.5, and Standard No. 7.1, Nonattainment 

New Source Review, and where equipment similarities and simplicity remove the need for in depth sitespecific review. 

 2. Application for Coverage Under a Registration Permit 

 a. A source that qualifies may elect to apply to the Department for coverage under a 

registration permit in lieu of a construction and operating permit as provided in Regulation 61-62.1, 

Section II (A) and (F). The Department shall grant the registration permit to sources certifying 

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qualification for and agreeing to the conditions and terms of the registration permit applicable to similar 

sources. The source shall be subject to enforcement action for operation without a valid permit if the 

source is later determined not to qualify for the conditions and terms of the registration permit. 

 b. The Department may grant a source's request for authorization to operate under a 

registration permit without further public notice, but such a grant shall be a final permit action for 

purposes of judicial review. 

 3. Registration Permit Conditions 

 a. Registration Permits shall contain the standard permit conditions listed in Section 

II (J)(1). 

 b. Registration Permits shall contain any applicable special permit conditions 

required to verify a source's compliance with any emissions limitations and operational requirements. 

J. Permit Conditions 

 1. Standard Permit Conditions 

 All permits shall contain the following standard permit conditions. 

 

 a. No applicable law, regulation or standard will be contravened. 

 b. All official correspondence, plans, permit applications and written statements are 

an integral part of the permit. 

 c. For sources not required to have continuous emission monitors, any malfunction 

of air pollution control equipment or system, process upset or other equipment failure which results in 

discharges of air contaminants lasting for one hour or more and which are greater than those discharges 

described for normal operation in the permit application shall be reported to the Department within 

twenty-four hours after the beginning of the occurrence and a written report shall be submitted to the 

Department within thirty (30) days. The written report shall include as a minimum, the following: 

 i. The identity of the stack and/or emission point where the excess 

emissions occurred; 

 ii. The magnitude of the excess emissions expressed in the units of the 

applicable emission limitation and the operating data and calculations used in determining the excess 

emissions; 

 iii. The time and duration of the excess emissions; 

 iv. The identity of the equipment causing the excess emissions; 

 v. The nature and cause of such excess emissions; 

 vi. The steps taken to remedy the malfunction and the steps taken or planned 

to prevent the recurrence of such malfunction; 

 vii. The steps taken to limit the excess emissions; and, 

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 viii. Documentation that the air pollution control equipment, process 

equipment, or processes were at all times maintained and operated, to the maximum extent practicable, in 

a manner consistent with good practice for minimizing emissions. 

 d. Sources required to have continuous emission monitors shall submit reports as 

specified in applicable parts of the permit, law, regulations, or standards. 

 e. Any owner or operator who constructs or operates a source or modification not in 

accordance with the application submitted pursuant to this regulation or with the terms of any approval to 

construct, or who commences construction after the effective date of these regulations without applying 

for and receiving approval hereunder, shall be subject to enforcement action. 

 f. Approval to construct shall become invalid if construction is not commenced 

within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months 

or more, or if construction is not completed within a reasonable time. The Department may extend the 

18-month period upon a satisfactory showing that an extension is justified. This provision does not apply 

to the time period between construction of the approved phases of a phased construction project; each 

phase must commence construction within 18 months of the projected and approved commencement date. 

 2. Special Permit Conditions 

 As the Department finds appropriate, permits shall include special permit conditions such as, but 

not limited to, production limits, operational limits, source performance testing, operation and 

maintenance requirements, notification requirements, recordkeeping requirements, reporting 

requirements, and other monitoring as required. 

 a. When special permit conditions contain production or operational limits, the 

permit shall have monitoring and/or recordkeeping requirements to verify a source's compliance with the 

limitations. 

 b. When special permit conditions require an add-on air pollution control device to 

be operated at a specified destruction and removal efficiency level, the permit shall have monitoring and 

recordkeeping requirements to determine the add-on air pollution control device's performance on a short 

term basis. 

 c. The time period over which a permit limitation on production or operation 

extends will be as short as possible. For the purpose of determining compliance, permit limitations will in 

general not exceed one month and shall not exceed an annual limit with a rolling monthly average or sum. 

 d. An owner or operator of stationary sources that desire or are required to conduct 

performance tests to verify emissions limitations shall ensure that source tests are conducted in 

accordance with the provisions of S.C. Regulation 61-62.1, Section IV, Source Tests. 

 e. An hourly emission limit shall be sufficient only if the permit condition(s) 

require the installation, calibration, maintenance, and operation of a continuous emission monitor (CEM) 

system, or any other monitoring approved by the Department. All monitoring data shall be defined and 

recorded for showing compliance with the emission limit(s). 

 f. The limitations and requirements listed in the permit conditions shall be 

permanent, quantifiable, or otherwise enforceable as a practical matter. 

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K. Exceptions 

 1. Upon request, the Department may alter operating permits, compliance schedules, or other 

restrictions on operation of a source provided that resulting ambient air concentration levels will not 

exceed any national or State ambient air quality standard. Factors to be considered by the Department 

may include, but are not limited to, technology, economics, national energy policy, and existing air 

quality. The request by the source must also show the following: 

 a. Good faith efforts have been made to comply with the State requirements; 

 b. The source is unable to comply with the State requirements because the 

necessary technology or other alternative methods of control are not reasonably available, or have not 

been available for a sufficient period of time; 

 c. Any available operating procedures, or control measures, reducing the impact of 

the source on ambient air concentrations, have been implemented; and, 

 d. The request is submitted in a timely manner. 

 2. The provisions of this paragraph shall not apply to mass emission limits which are 

imposed upon any source by the following requirements: 

 a. Federal New Source Performance Standards; 

 b. National Emission Standards for Hazardous Air Pollutants; 

 c. Federal or State Prevention of Significant Deterioration Regulations; or, 

 d. Non-attainment requirements. 

 3. Where a permanent increase in the visible emission limitation for a source is requested, 

the source must demonstrate that it will remain in compliance with the applicable particulate emission 

standard. 

 4. Any alternative compliance schedule shall provide for compliance with the applicable 

regulations as expeditiously as practicable, based on a plan submitted with the request for the alternative 

compliance schedule. 

 5. Any request under this section will be subjected to public notice and opportunity for a 

public hearing. Upon approval by the Board, the recommendations of this Department shall be sent to the 

Administrator of the Environmental Protection Agency, or his designated representative, for approval or 

disapproval. 

 6. Where alternative compliance schedule provisions are contained elsewhere in the air 

pollution control regulations, those provisions shall supersede the requirements in this section. 

L. Emergency Provisions 

 1. An "emergency" means any situation arising from sudden and reasonably unforeseeable 

events beyond the control of the source, including acts of God, in which a situation requires immediate 

corrective action to restore normal operation, and that causes the source to exceed a technology-based 

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emission limitation under the permit, due to unavoidable increases in emissions attributable to the 

emergency. An emergency shall not include noncompliance to the extent caused by improperly designed 

equipment, lack of preventative maintenance, careless or improper operation, or operator error. 

 2. An emergency constitutes an affirmative defense to an action brought for noncompliance 

with such technology-based emission limitations if the conditions in S.C. Regulation 61-62.1, Section II 

(L)(3) are met. 

 3. The affirmative defense of an emergency shall be demonstrated through properly signed, 

contemporaneous operating logs, and other relevant evidence that verify: 

 a. An emergency occurred, and the permittee can identify the cause(s) of the 

emergency; 

 b. The permitted source was at the time the emergency occurred being properly 

operated; 

 c. During the period of the emergency, the permittee took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; 

and 

 d. The permittee gave a verbal notification of the emergency to the Department 

within 24 hours of the time when emission limitations were exceeded, followed by a written report within 

thirty (30) days. The written report shall include as a minimum, the information required by S.C. 

Regulation 61-62.1, Section II (J)(1)(c)(i) through (viii). The written report shall contain a description of 

the emergency, any steps taken to mitigate emissions, and corrective actions taken. 

 4. In any enforcement action, the permittee seeking to establish the occurrence of an 

emergency has the burden of proof. 

 5. This provision is in addition to any emergency, or upset provision contained in any 

applicable requirement. 

M. Transfer of Ownership/Operation 

 Within thirty (30) days of the transfer of ownership/operation of a facility, the current permit 

holder and prospective new owner/operator shall submit to the Department a written request for transfer 

of the source operating or construction permits. The written request for transfer of the source operating or 

construction permit shall include any changes pertaining to the company name and mailing address; the 

facility name and mailing address (if different from that of the company); the name, mailing address, and 

telephone number of the owner or agent for the company; and any proposed changes to the permitted 

activities of the source. Transfer of the operating or construction permits will be effective upon written 

approval by the Department. 

N. Public Participation Procedures 

 1. When determined to be appropriate by the Department (or specified by regulation) notice 

of permitting activity shall be provided to the public and other entities for their review and comment. 

Public notice shall be given by publication in a newspaper of general circulation in the area where the 

source is located, or by publication in the South Carolina State Register, and to persons on a mailing list 

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developed by the Department, including those who request in writing to be on the list. The Department 

may use other means of public notice in addition to the above. 

 2. The notice shall identify the affected source; the name and address of the permittee; the 

name and address of the Department; the activities involved in the permit action; the emission change 

involved in any permit modification; the name, address, and telephone number of a person from whom 

interested persons may obtain additional information, including copies of the permit draft, the application, 

and all other materials available to the Department that are relevant to the permit decision, except for 

information entitled to confidential treatment (the contents of any proposed or draft permit shall not be 

treated as confidential information); a brief description of the comment procedures; and the time and 

place of any public hearing that may be held, including a statement of procedures to request a hearing 

(unless a hearing has already been scheduled). 

 3. The Department shall provide at least 30 days for public and EPA comment and shall 

give notice of any public hearing at least 30 days in advance of the hearing. The Department shall keep a 

record of the commenters and also of the issues raised during the public participation process. The 

Department shall consider, and provide a written response to all written comments received by mail and 

at the public hearing, within the time specified for the public notice, in making a final decision on the 

application. 

 4. A newly constructed or modified source issued a Federally enforceable final construction 

permit will not require an additional public comment period and/or hearing to obtain an operating permit, 

unless the source proposes a change in the original construction and/or operational plan, prior to 

commencing construction, which the Department determines would require an additional public comment 

period and/or hearing. 

 5. Any proposed new or modified stationary source required to undergo a public comment 

period shall not commence any construction until all public participation procedures of this section are 

completed, and the source has received an effective construction or operating permit from the 

Department. 

 6. Maintenance activities, repairs, and replacements which the Department determines to be 

routine for that source category shall not, by themselves, be required to undergo the public participation 

procedures of S.C. Regulation 61-62.1, Section II (N). 

SECTION III - EMISSIONS INVENTORY 

A. General 

Emissions inventory is a study or compilation of pollutant emissions. The purposes of emissions 

inventories are to locate air pollution sources, to define the type and size of sources, to define the type and 

amount of emissions from each source, to determine pollutant frequency and duration, to determine the 

relative contributions to air pollution from classes of sources and of individual sources, to provide a basis 

for air permit fees, and to determine the adequacy of regulations and standards. 

 The requirements of this Section notwithstanding, an emissions inventory may be required from 

any source at any time. 

B. Applicability 

 The provisions of this Section shall apply to all stationary sources: 

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 1. that include any point source defined as a major source according to 40 CFR Part 70; or, 

 2. that are located in a non-attainment area that exceed the specified thresholds. 

 

C. Emissions Inventory Reporting Requirements 

 1. Beginning with the effective date of this regulation, these sources will submit an 

emissions inventory in a frequency specified by Table 1 by March 31st for the previous calendar year. 

 a. Type A Sources - Title V sources with potential annual emissions greater than or 

equal to any of the emission thresholds listed for Type A Sources in Table 1 of this Section. Beginning 

with the effective date of this regulation, these sources will submit an emissions inventory by March 31 of 

every year for the previous calendar year. Beginning on March 31, 2012 (with 2011 calendar year data) 

these sources will submit TAP and HAP data with their annual emissions inventory every third year for 

the previous calendar year.

 b. Type B Sources - Title V sources with potential annual emissions during any 

year of the three year cycle greater than or equal to any of the emission thresholds listed for Type B 

Sources in Table 1 of this Section. Beginning on March, 31 2012 (with calendar year 2011 data), these 

sources will submit emissions inventories every 3 years for the previous calendar year. 

 c. NAA Sources - Sources located in a non-attainment area with actual annual 

emissions during any year of the three year cycle greater than or equal to any of the emission thresholds 

listed for NAA Sources in Table 1 of this Section. Beginning on March 31, 2012 (with calendar year 2011 

data), these sources that are not also Type A Sources will submit emissions inventories every 3 years for 

the previous calendar year. 

Table 1 - Minimum Point Source Reporting Thresholds by Pollutant (tpy potential to emit1

) 

Annual cycle Three-year cycle 

Pollutant Type A Sources2 Type B Sources2 NAA3 Sources 

SOx ≥2500 ≥100 ≥100 

≥100 (moderate O3 NAA ) 

≥50 (serious O3 NAA) 

≥25 (severe O3 NAA) VOC ≥250 ≥100 

≥10 (extreme O3 NAA) 

NOX ≥2500 ≥100 ≥100 (all O3 NAA) 

CO ≥100 (all O3 NAA) ≥2500 ≥1000 

≥100 (all CO NAA) 

Pb ≥5 ≥5 

PM10 ≥100 (moderate PM10 NAA) ≥250 ≥100 

≥70 (serious PM10 NAA) 

PM2.5 ≥250 ≥100 ≥100 

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NH3 ≥250 ≥100 ≥100 

≥10 Single HAP HAP4

≥25 Combined HAPs 

1

 tons per year (tpy) potential to emit means the maximum capacity of a stationary source to emit any air 

pollutant under its physical and operational design. Any physical or operational limitation on the 

capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on 

hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated 

as part of its design if the limitation is enforceable by the Federal Administrator and included in the 

sources permit prior to the end of the reporting year. 

2

 Type A Sources are a subset of the Type B Sources and are the larger emitting sources by pollutant. 

3

 NAA = Non-Attainment Area. Special point source reporting thresholds apply for certain pollutants by 

type of non-attainment area. The pollutants by non-attainment area are: 

 Ozone: VOC, NOX, CO; 

 Carbon Monoxide: CO; 

 Particulate matter less than 10 microns: PM10. 4

 Hazardous Air Pollutant. 

 2. Other Requirements 

 a. Unless otherwise indicated, all emissions inventories shall be submitted to the 

Department by March 31 following the year of inventory. All applicable information will be recorded on 

the current format for reporting emissions data as provided by the Department. 

 b. All newly permitted and constructed Title V sources and/or NAA Sources will 

complete and submit to the Department initial emissions inventories including the partial year when 

operation first began and the first full calendar year of operation. These sources shall then submit future 

emissions inventories on the schedule as described in Table 1 of this Section. 

 c. Any existing sources that are newly identified as Title V sources and/or NAA 

Sources will complete and submit to the Department an emissions inventory for the previous calendar 

year within 90 days of learning of applicability. These sources shall then submit future emissions 

inventories on the schedule as described in Table 1 of this Section. 

 d. Submittal of emissions inventories outside of the schedules in this Section will be 

accepted and reviewed only if a modification has occurred that required issuance of an air quality permit 

since the last emissions inventory submittal by the source. This modification must alter the quantity or 

character of the sources emissions. These sources may submit a new emissions inventory following the 

first full calendar year of operation after the modification. These sources shall then submit future 

emissions inventories on the schedule described in Table 1 of this Section. 

 e. Information required in an emissions inventory submittal to the Department will 

include the following: 

 i. Information on fuel burning equipment; 

 ii. Types and quantities of fuel used; 

 iii. Fuel analysis; 

 iv. Exhaust parameters; 

 v. Control equipment information; 

 vi. Raw process materials and quantities used; 

 vii. Design, normal, and actual process rates; 

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 viii. Hours of operation; 

 ix. Significant emission generating points or processes as discussed on the 

current form for reporting emissions data as provided by the Department; 

 x. Any desired information listed in 40 CFR 51, Subpart A (December 17, 

2008) that is requested by the Department. 

 xi. Emissions data from all regulated pollutants. Beginning on March 1, 

2012 (with 2011 calendar year data) sources will submit TAP and HAP data with their annual emissions 

inventory every third year for the previous calendar year. 

 xii. Any additional information reasonably related to determining if 

emissions from an air source are causing standards of air quality to be exceeded. 

 f. A source may submit a written request to the Department for approval of an 

alternate method for estimating emissions outside of those methods prescribed by the Department. Such 

requests will be reviewed by the Department's emissions inventory staff on a case-by-case basis to 

determine if the alternate method better characterizes actual emissions for the reporting period than the 

Department's prescribed methods. 

 g. Emission estimates from insignificant activities listed on a source’s permit shall 

be required only in the initial emissions inventory submitted by the source. If emissions from these 

insignificant activities have not been included in a past emissions inventory submitted to the Department, 

the source shall include these emissions in their next required emissions inventory submittal. 

 h. Copies of all records and reports relating to emissions inventories as required in 

this Section shall be retained by the owner/operator at the source for a minimum of five years. 

SECTION IV - SOURCE TESTS. 

 

A. Applicability. 

 1. This Section shall apply to the owner or operator of any source which conducts: 

 a. a source test required under an applicable standard or permit condition; or 

pursuant to a judicial or administrative order, consent agreement, or any other such binding requirement 

entered into after the effective date of this standard, or 

 b. any other source test from which data will be submitted to the Department for 

any purpose including but not limited to: determination of applicability of regulatory requirements, 

development of emission factors, establishment of parameters for compliance assurance monitoring, 

continuous emission monitor performance specification testing, and Relative Accuracy Test Audits 

(RATA). 

 2. The Department may, on a case-by-case basis, exempt from the requirements of this 

Section source tests which are performed for development of emission factors or for determination of 

applicability of regulations. 

B. Submission and Approval of a Site-Specific Test Plan. 

 1. Prior to conducting a source test subject to this Section, the owner or operator shall 

ensure that: 

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 a. a written site-specific test plan including all of the information required in 

paragraph C below has been developed and submitted to the Department. If the Department has 

previously approved a site-specific test plan the owner or operator may submit a letter which references 

the approved plan and which includes a thorough description of amendments to the plan; and 

 b. written Department approval of the site-specific test plan, methods, and 

procedures has been received. 

 2. All test methods included in the site-specific test plan must be either EPA Reference 

Methods described in 40 CFR Part 51, Appendix M, or 40 CFR Part 60, Appendix A, or 40 CFR Part 61, 

Appendix B, or 40 CFR Part 63, Appendix A. If an applicable air regulation or permit provides for a 

choice of test methods, the selected method must be approved by the Department. If an applicable air 

regulation or permit does not specify use of an EPA standard reference method, the alternative test 

method to be used must be approved by the Department. 

 3. a. The owner or operator of a source proposing to use alternative source test 

methods shall ensure that the alternative source test method is either validated according to EPA 

Reference Method 301 (40 CFR Part 63, Appendix A, December 29, 1992), and any subsequent 

amendments or editions, or approved by the Department. 

 b. The owner or operator shall ensure that requests for approval of alternative 

source test methods are submitted to the Department along with the site-specific test plan, and that the 

submission contains all of the information required by paragraph C below. 

 4. The Department shall determine whether any source test method proposed in the sitespecific test plan is appropriate for use. 

 5. a. The owner or operator shall submit site-specific test plans or a letter which 

amends a previously approved test plan at least 45 days prior to the proposed test date. Sources 

conducting tests for substances listed in Regulation 61-62.5, Standard No. 8, shall submit site-specific test 

plans or a letter which amends a previously approved test plan at least 60 days prior to the proposed test 

date. 

 b. If the only amendments to a previously approved test plan are to facility 

information included in paragraph C.1 below, the requirement in B.5.a will not apply. The owner or 

operator, however, shall submit the amendments at least two weeks prior to the proposed test date. 

 6. Within 30 days of site-specific test plan receipt, the Department will notify the owner or 

operator of site-specific test plan approval or denial or will request additional information. 

 7. The owner or operator shall submit any additional information requested by the 

Department necessary to facilitate the review of the site-specific test plan. 

 8. Approval of a site-specific test plan for which an owner or operator fails to submit any 

additional requested information will be denied. 

 9. Neither the submission of a site-specific test plan, nor the Department’s approval or 

disapproval of a plan, nor the Department’s failure to approve or disapprove a plan in a timely manner 

shall relieve an owner or operator of legal responsibility to comply with any applicable provisions of this 

Section or with any other applicable Federal, State, or local requirement, or prevent the Department from 

enforcing this Section. 

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C. Requirements for a Site-Specific Test Plan. 

 A site-specific test plan shall include, at a minimum, the following: 

 1. Facility Information: 

 a. Facility name, address, and telephone number, and name of facility contact. 

 b. Facility permit number and source identification number. 

 c. Name, address, and telephone number of the company contracted to perform the 

source test. 

 d. Name, address, and telephone number of the laboratory contracted to perform the 

analytical analysis of the source test samples. 

 2. Test Objectives: 

 a. Description and overall purpose of the tests (for example, to demonstrate 

compliance, to establish emission factors, etc.). 

 b. Citation of any applicable State or Federal regulation or permit condition 

requiring the tests. 

 3. Process Descriptions: 

 a. Description of the process including a description of each phase of batch or 

cyclic processes, and the time required to complete each phase. 

 b. Process design rates and normal operating rates. 

 c. Proposed operating rate and conditions for the source test. 

 d. Methods including proposed calculations, equations, and other related 

information that will be used to demonstrate and verify the operating rate during the source test. 

 e. Description of any air pollution control equipment. 

 f. Description of any stack gas or opacity monitoring systems. 

 g. Description of all air pollution control monitors (for example, pressure gauges, 

flow indicators, cleaning cycle timers, electrostatic precipitator voltage meters, etc.) when applicable. 

 h. A list of process and air pollution control operating parameters that will be 

recorded during the tests, the responsible party who will record these readings, and the frequency at which 

readings will be recorded. 

 4. Safety Considerations: 

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 a. Identification of any risks associated with sampling location and accessibility, 

toxic releases, electrical hazards, or any other unsafe conditions, and a plan of action to correct or abate 

these hazards. 

 b. List of all necessary or required safety equipment including respirators, safety 

glasses, hard hats, safety shoes, hearing protection, and other protective equipment. 

 5. Sampling and Analytical Procedures: 

 a. Description of sampling methods to be used. 

 b. Description of analytical methods to be used. 

 c. Number of tests to be conducted. 

 d. Number of runs comprising a test. 

 e. Duration of each test run. 

 f. Description of minimum sampling volumes for each test run. 

 g. Location where samples will be recovered. 

 h. Explanation of how blank and recovery check results and analytical non-detects 

will be used in final emission calculations. 

 i. Maximum amount of time a sample will be held after collection prior to analysis. 

 j. Method of storing and transporting samples. 

 6. Sampling Locations and Documentation: 

 a. Schematics of sampling sites (include stack dimensions and distances upstream 

and downstream from disturbances). 

 b. A description of all emission points, including fugitive emissions, associated with 

the process to be tested, and when applicable, the method that will be used to measure or include these 

emissions during the source test. 

 c. Procedure for verifying absence of cyclonic or non-parallel stack gas flow. 

 7. Internal Quality Assurance/Quality Control (QA/QC) Measures. For each proposed test 

method when applicable: 

 a. Citation of the QA/QC procedures specified in the EPA Reference Methods and 

the EPA Quality Assurance Handbook for Air Pollution Measurement Systems, Volume III. 

 b. Chain-of-custody procedures and copies of chain-of-custody forms. 

 c. Procedure for conditioning particulate matter filters (before and after source 

testing). 

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 d. Procedure for conducting leak checks on vacuum lines, pitot tubes, flexible bags, 

orsats, etc. 

 e. Equipment calibration frequencies, ranges, and acceptable limits. 

 f. Minimum detection limits of analytical instrumentation. 

 g. Names, addresses and responsible persons of all sub-contracting laboratories and 

a description of analytical methods to be used, chain-of-custody procedures and QA/QC measures. 

 h. QA/QC measures associated with the collection and analysis of process or raw 

material samples and the frequency at which these samples will be collected. 

 i. Methods for interference and matrix effects checks, and number of replicate 

analyses. 

 j. Methods and concentrations for internal standards (standards additions prior to 

extraction). 

 k. Methods and concentrations for surrogate standards (standards additions to 

collection media prior to sampling). 

 l. Methods for recovery checks, field blanks, lab blanks, reagent blanks, proof rinse 

blanks, and analytical blanks. 

 m. Proposed range of recoveries for data acceptability and method of data 

interpretation if sample recovery is not within the proposed range. 

 8. Final Test Report Content: 

 a. Final report outline. 

 b. Example calculations when using alternative test methods or for calculation of 

process operating rates. 

 c. Proposed report submission date if more than 30 days after the source test will be 

needed to complete the report. 

D. Notification and Conduct of Source Tests. 

 1. Prior to conducting a source test subject to this Section, the owner or operator shall 

ensure that written notification is submitted to the Department at least two weeks prior to the test date. 

Submission of a site-specific test plan or amendments to a previously approved test plan does not 

constitute notification. 

 2. In the event the owner or operator is unable to conduct the source test on the date 

specified in the notification, the owner or operator shall notify the Department as soon as practical by 

telephone and follow up in writing within 30 days. Telephone notification shall include a description of 

the circumstance(s) causing the cancellation of the test, and a projected retest date. The written follow-up 

report shall include a description of the condition(s) which prevented the source test from being 

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conducted, and when applicable, what corrective action was performed, or what equipment repairs were 

required. 

 3. Rescheduling of canceled source tests must meet the two-week notice requirement. 

However, shorter notification periods may be allowed subject to Department approval. 

 4. All tests shall be made by, or under the direction of, a person qualified by training and/or 

experience in the field of air pollution testing. 

 5. Unless approved otherwise by the Department, the owner or operator shall ensure that 

source tests are conducted while the source is operating at the maximum expected production rate or other 

production rate or operating parameter which would result in the highest emissions for the pollutants 

being tested. Examples of the operating parameters that may effect emission rates are: type and 

composition of raw materials and fuels, isolation of control equipment modules, product types and 

dimensions, thermal oxidizer combustion temperature, atypical control equipment settings, etc. Some 

sources may have to spike fuels or raw materials to avoid being permitted at a more restrictive feed or 

process rate. Any source test performed at a production rate less than the rated capacity may result in 

permit limits on emission rates, including limits on production if necessary. 

 6. When conducting a source test subject to this Section, the owner or operator of a source 

shall provide the following: 

 a. Department access to the facility to observe source tests. 

 b. Sampling ports adequate for test methods. 

 c. Safe sampling site(s). 

 d. Safe access to sampling site(s). 

 e. Utilities for sampling and testing equipment. 

 f. Equipment and supplies necessary for safe testing of a source. 

E. Source Test Method Audit Program. 

 1. The Department may request that samples collected during any source tests be split with 

the Department for analysis by an independent or Department laboratory. Any request for split samples 

will be made in advance of the source test. 

 2. The owner or operator shall analyze performance audit samples provided by the 

Department. If the Department does not provide performance audit samples to the owner or operator, the 

Department thereby waives the requirement to conduct a performance audit. 

 3. A waiver of performance audit requirements to conduct a performance audit for a 

particular source test under E.2 above does not constitute a waiver of performance audit requirements for 

future source tests. 

 4. The Department shall have discretion to require any subsequent remedial actions of the 

owner or operator based on the split samples and/or performance audit results. 

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F. Final Source Test Report. 

 1. The owner or operator of a source subject to this Section shall submit a written report of 

the final source test results to the Department by the close of business on the 30th day following the 

completion of the test, unless an alternative date has been requested in and approved with the site-specific 

test plan prior to testing or is otherwise specified in a relevant Federal or State standard. 

 2. The final test report for each site-specific test plan shall contain, at a minimum, the 

following supporting information when applicable: 

 a. Summary of the results. 

 b. Emission calculations and emission rates in units of the applicable standard, 

permit limit, etc. 

 c. Allowable emission rates in units of the applicable standard, permit limit, etc. 

 d. Source compliance status. 

 e. Process operating rates. 

 f. Methods including actual calculations, equations, and other related information 

that were used to demonstrate and verify the operating rate during the source test. 

 g. Chain of custody records. 

 h. Certification of all reference standards used. 

 i. Signature of a responsible facility representative who can verify process 

operating rates and parameters. 

 j. Legible copies of all raw laboratory data (for example, filter tare and final 

weights, titrations, chromatograms, spectrograms, analyzer measurements, etc.). 

 k. Legible copies of all raw field data (for example, strip charts, field data forms, 

field calibration forms, etc.). 

 l. Legible copies of applicable stack gas or opacity monitoring system readings 

identified in the approved site-specific test plan. 

 m. Legible copies of all applicable process and air pollution control operating 

parameter readings identified in the approved site-specific test plan. 

 n. Results of all calibrations and QA/QC measures and checks identified in the 

approved site-specific test plan. 

 o. Results of performance audits pursuant to paragraph E. 

 p. Description of any deviations from the proposed process operations as approved 

in the site-specific test plan during testing. 

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 q. Description of any deviations from approved sampling methods/procedures. 

 r. Description of any deviations from approved analytical procedures. 

 s. Description of any problems encountered during sampling and analysis, and 

explanation of how each was resolved. 

 

G. Non-Compliant Results. 

 Within fifteen days of submission of a test report indicating non-compliance, the owner or 

operator shall submit to the Department a written plan which includes at a minimum: 

 

 1. interim actions being taken to minimize emissions pending demonstration of compliance; 

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 2. corrective actions that have been taken or that are proposed to return the source to 

compliance; 

 3. method that will be used to demonstrate the source has returned to compliance (for 

example, retest and proposed date); 

 4. any changes necessary to update the site-specific test plan prior to a retest. 

H. Analytical Observation. Upon request by the Department, the owner or operator or the source test 

consultant shall ensure that Department representatives are provided access to the analytical laboratory 

for observation of instrument calibrations and analysis of field and audit samples. 

I. Site Inspection. Upon request by the Department and prior to approval of the site-specific test 

plan, the owner or operator shall ensure Department representatives are provided access to the site for 

inspection of the source(s) to be tested. 

J. Modifications. Modifications to the approved site-specific test plan must have prior Department 

approval. Approval shall be considered on a case-by-case basis. Failure to obtain prior Department 

approval may cause final test results to be unacceptable. 

SECTION V - CREDIBLE EVIDENCE 

A. The Department promulgated Regulation 61-62, Air Pollution Control Regulations and Standards, 

and developed the South Carolina Air Quality Implementation Plan to provide enforceable emission 

limitations, to establish an adequate enforcement program, to require owners or operators of stationary 

sources to monitor emissions, submit periodic reports of such emissions and maintain records as specified 

by various regulations and permits, and to evaluate reports and records for consistency with the applicable 

emission limitation or standard on a continuing basis over time. The monitoring data collected and records 

of operations would serve as the basis for a source to certify compliance, and could be used by the 

Department as direct evidence of an enforceable violation of the underlying emission limitation or standard. 

B. The purpose of this section is: 

 1. To clarify the statutory authority of Regulation 61-62, Air Pollution Control Regulations 

and Standards, and the South Carolina Air Quality Implementation Plan, whereby non-reference test data 

and various kinds of information already available and utilized for other purposes may be used to 

demonstrate compliance or noncompliance with emission standards. 

 2. To eliminate any potential ambiguity regarding language that has been interpreted to 

provide for exclusive reliance on reference test methods as the means of certifying compliance with various 

emission limits. 

 3. To curtail language that limits the types of testing or monitoring data that may be used for 

determining compliance and for establishing violations. 

C. The following is applicable in the determination of non-compliance by the Department or for 

compliance certification by the owners or operators of stationary sources. 

 1. Enforcement - Consistent with South Carolina’s Environmental Audit Privilege and 

Voluntary Disclosure Act, codified as S.C. Code Ann. Sections 48-57-10 et seq. (Supp. 2000), and 

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notwithstanding any other provision in the South Carolina Air Quality Implementation Plan, any credible 

evidence or information relevant to whether a source would have been in compliance with applicable 

requirements if the appropriate performance or compliance test had been performed, can be used to 

establish whether or not a person has violated or is in violation of any standard in the plan. 

 2. Compliance Certifications - Consistent with South Carolina’s Environmental Audit 

Privilege and Voluntary Disclosure Act, codified as S.C. Code Ann. Sections 48-57-10 et seq. (Supp. 

2000), and notwithstanding any other provision in the South Carolina Air Quality Implementation Plan, 

the owner or operator may use any credible evidence or information relevant to whether a source would 

have been in compliance with applicable requirements if the appropriate performance or compliance test 

had been performed, for the purpose of submitting compliance certifications. 

R. 61-62.1 History - South Carolina State Register: 

Vol. 7, Issue No. 2, (Doc. No. ?), February 25, 1983; 

 Vol. 7, Issue No. 6, (Doc. No. 314), June 24, 1983; 

 Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; 

 Vol. 10, Issue No. 5, (Doc. No. ?), May 23, 1986; 

 Vol. 12, Issue No. 2, (Doc. No. 769), February 26, 1988; 

 Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 1988; 

 Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; 

 Vol. 13, Issue No. 3, (Doc. No. 1053), March 24, 1989; 

 Vol. 14, Issue No. 6, (Doc. No. 1067), June 22, 1990; 

 Vol. 14, Issue No. 9, (Doc. No. 1267), August 24, 1990; 

 Vol. 14, Issue No. 9, (Doc. No. 1310), August 24, 1990; 

 Vol. 16, Issue No. 6, (Doc. No. 1507), June 26, 1992; 

 Vol. 19, Issue No. 6, (Doc. No. 1798), June 23, 1995; 

 Vol. 20, Issue No. 1, (Doc. No. 1913), January 26, 1996; 

 Vol. 22, Issue No. 6, (Doc. No. 2244), June 26, 1998; 

 Vol. 22, Issue No. 8, (Doc. No. 2328), August 28, 1998; 

 Vol. 23, Issue No. 6, (Doc. No. 2352), June 25, 1999; 

 Vol. 24, Issue No. 5, (Doc. No. 2444), May 26, 2000; 

 Vol. 25, Issue No. 7, (Doc. No. 2622), July 27, 2001; 

 Vol. 25, Issue No. 10, (Doc. No. 2648), October 26, 2001; 

 Vol. 26, Issue No. 8, (Doc. No. 2736), August 23, 2002; 

 Vol. 27, Issue No. 6, (Doc. No. 2840), June 27, 2003; 

 Vol. 29, Issue No. 2, (Doc. No. 2840), February 25, 2005; 

 Vol. 29, Issue No. 6, (Doc. No. 2943), June 24, 2005; 

 Vol. 29, Issue No. 8, (Doc. No. 2980), August 26, 2005; 

 Vol. 31, Issue No. 5, (Doc. No. 3069), May 25, 2007; 

 Vol. 32, Issue No. 10, (Doc. No. 3224), October 24, 2008; 

 Vol. 34, Issue No. 5, (Doc. No. 4085), May 28, 2010; 

 Vol. 34, Issue No. 11, (Doc. No. 4131), November 26, 2010. 

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Clean Copy 

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SOUTH CAROLINA 

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS 

REGULATION 61-62.1 

DEFINITIONS AND GENERAL REQUIREMENTS

SECTION I - DEFINITIONS

 The following words and phrases when used in the Regulations and Standards shall, for the 

purpose of these regulations, have the meanings respectively ascribed to them in this section, unless a 

different meaning is clearly indicated. This section augments Section 1 of the South Carolina Pollution 

Control Act. 

 1. Acid Mist - Mist or droplets of sulfuric or other acids. Sulfuric acid mist includes sulfur 

trioxide (SO3) and sulfuric acid vapor as well as liquid mist. 

 2. Add - Additions to a process which will increase size, scope or emissions from such 

process. 

 3. Administrator - The Administrator of the United States Environmental Protection Agency 

(EPA) or his/her designee. 

 4. Afterburner - An auxiliary burner for destroying unburned or partially burned combustion 

gases after they have passed from the combustion chamber. 

 5. Air Curtain Incinerator - An incinerator that operates by forcefully projecting a curtain of 

air across an open chamber or pit in which burning occurs. Incinerators of this type can be constructed 

above or below ground and require a refractory lined chamber or pit. 

 6. Alter - Alter means modification or change in a process or processes which would affect 

emissions to the atmosphere. 

 7. Ambient Air Quality Standards - That standard for the quality of ambient air at or beyond 

a property line on which a source of pollution is emitting. 

 8. Application - Means a form provided by the Department which is prescribed to provide 

the information required to grant approval to construct and operate a source or an incinerator; or to report 

an existing incinerator. 

 9. Biologicals - preparations made from living organisms and their products, including 

vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating humans or animals or in 

research pertaining thereto. 

 10. Blood Products - any product derived from human blood, including but not limited to 

blood plasma, platelet, red or white blood corpuscles, and other derived licensed products, such as 

interferon, etc. 

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 11. Board - Board means Board of Health and Environmental Control. 

 12. Body Fluids - liquid emanating or derived from humans and limited to blood; dialysate; 

amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal 

secretions. 

 13. Boiler - An enclosed device using controlled flame combustion and having specific 

characteristics including the following: 

 a. The combustion chamber and primary energy recovery section shall be of 

integral design (e.g. waste heat recovery boilers attached to incinerators are not boilers). To be of integral 

design, the combustion chamber and the primary energy recovery sections (such as water walls and super 

heaters) shall be physically formed into one manufactured or assembled unit. A unit in which the 

combustion chamber and the primary energy recovery sections are joined only by ducts or connections 

carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as 

economizers or air preheaters) need not physically be formed into the same unit as the combustion 

chamber and the primary energy recovery section. The following units are not precluded from boilers 

solely because they are not of integral design: process heaters (units that transfer energy directly to a 

process stream), and fluidized bed combustion units. 

 b. At least 75% of recovered energy shall be “exported”, i.e., not used for internal 

uses like preheating of combustion air or fuel, or driving combustion air fans or feedwater pumps. 

 14. Bypass stack - a device used for discharging combustion gases to avoid severe damage to 

the air pollution control device or other equipment. 

 15. Chemotherapeutic Waste - All waste resulting from the production or, use of 

antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. 

Chemotherapeutic waste shall not include any waste containing antineoplastic agents that are listed as 

hazardous waste under S.C. Hazardous Waste Management Regulation 61-79.261. 

 16. Clean Wood - Untreated wood or untreated wood products including clean untreated 

lumber, tree stumps (whole or chipped), and tree limbs (whole or chipped). Clean wood does not include 

yard waste, which is defined elsewhere in this Section, or construction, renovation, and demolition waste 

(including but not limited to railroad ties and telephone poles). 

 17. Commercial Incinerator - An incinerator that burns non-hazardous waste from 

commercial activities with a design capacity of no more than 1250 lb/hr and which burns no more than 6 

tons/day. Incinerators of this type not meeting these limits are considered municipal waste combustors. 

This definition does not include retail and industrial incinerators nor does it include waste from 

maintenance activities at commercial establishments. 

 18. Commissioner - Commissioner means the Commissioner of the Department of Health 

and Environmental Control. 

 19. Conditional major source - A stationary source that obtains a federally enforceable 

physical or operational limitation from the Department to limit or cap the stationary source’s potential to 

emit to avoid being defined as a major source as defined in S.C. Regulation 61-62.70, Title V Operating 

Permit Program. 

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 20. Continuous emission monitoring system or CEMS - a monitoring system for 

continuously measuring and recording the emissions of a pollutant from an affected facility. 

 21. “Continuous program of physical on-site construction” - Means significant and 

continuous site preparation work such as major clearing or excavation followed by placement of footings, 

pilings, and other materials of construction, assembly, or installation of unique facilities or equipment at 

the site of the source. With respect to a change in the method of operating, this term refers to those on-site 

activities other than preparatory activities which mark the initiation of the change. 

 22. Crematory Incinerator - Any incinerator designed and used solely for the burning of 

human remains or animal remains. 

 23. Department - Department means the Department of Health and Environmental Control. 

 24. Dioxins/furans - the combined emissions of tetra- through octa-chlorinated dibenzoparadioxins and dibenzofurans, as measured by EPA Reference Method 23. 

 25. Emission Data - The definition contained in 40 CFR 2.301(a)(2), July 1, 1986, is 

incorporated by reference. 

 26. Emission Limitation (and emission standard) - A requirement established by the State or 

by the Administrator of the Environmental Protection Agency which limits the quantity, rate, or 

concentration of emissions of air pollutants on a continuous basis, including any requirements which limit 

the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance 

procedures for a source to assure continuous emission reduction. 

 27. Federally enforceable - All limitations and conditions which are enforceable by the 

Administrator of the U.S. Environmental Protection Agency (EPA) and citizens under the Act, including 

those requirements developed pursuant to 40 CFR 60 and 61, requirements within the South Carolina 

State Implementation Plan (SIP), any permit requirements established pursuant to 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 51, Subpart I, including operating permits issued under an EPAapproved program that is incorporated into the SIP and expressly requires adherence to any permit issued 

under such program. 

 28. Fuel Burning Operation - Use of furnace, boiler, device or mechanism used principally 

but not exclusively, to burn any fuel for the purpose of indirect heating in which the material being heated 

is not contacted by and adds no substance to the products of combustion. 

 29. Fugitive Dust - A type of particulate emission that becomes airborne by forces of wind, 

man’s activity or both, including but not limited to, construction sites, tilled land, materials storage piles, 

and materials handling. 

 30. Fugitive Emissions - Air contaminants which escape to the air not through an exhaust 

system, but through other means, including but not limited to, windows, vents, doors, ill-fitting closures 

or poorly maintained equipment. 

 31. Garbage - Animal and vegetable waste resulting from the handling, preparation, cooking 

and serving of foods. 

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 32. Hazardous Air Pollutant - A pollutant which is the subject of National Emission 

Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection 

Agency by publication in the Federal Register. 

 33. Hazardous Waste - Any waste identified as such by South Carolina Hazardous Waste 

Management Regulation 61-79. 

 34. Hazardous Waste Fuel - Hazardous waste that has a heat value greater than 5000 BTU/lb. 

and is burned in an industrial or utility boiler or industrial furnace for energy recovery, except for 

hazardous wastes exempted by Section 266.30(b) of South Carolina Hazardous Waste Management 

Regulation 61-79. 

 35. Hazardous Waste Incinerator - An incinerator whose primary function is to combust 

hazardous waste, except for devices which have qualified for exemption as provided in Sections 

264.340(b) or 265.340(b) of South Carolina Hazardous Waste Management Regulation 61-79. 

 36. Hospital - any facility which has an organized medical staff, maintains at least six 

inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic 

patient services and continuous nursing care primarily to human inpatients who are not related and who 

stay on average in excess of 24 hours per admission. This definition does not include facilities maintained 

for the sole purpose of providing nursing or convalescent care to human patients who generally are not 

acutely ill but who require continuing medical supervision. 

 37. Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit - any device that 

combusts any amount of hospital waste and/or medical/infectious waste. 

 38. Hospital waste - discards generated at a hospital, except unused items returned to the 

manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical 

parts that are intended for interment or cremation. 

 39. Incinerator - Any engineered device used in the process of controlled combustion of 

waste for the purpose of reducing the volume, removing the contamination and/or reducing or removing 

the hazardous potential of the waste charged by destroying combustible matter leaving the 

noncombustible ashes, material and/or residue and which does not meet the criteria nor classification as a 

boiler nor is listed as an industrial furnace. 

 40. Industrial Boiler - A boiler that produces steam, heated air, or other heated fluids for use 

in a manufacturing process. 

 41. Industrial Furnace - Any of the following enclosed devices that are integral components 

of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or 

energy: 

 a. Cement kilns 

 b. Lime kilns 

 c. Aggregate kilns 

 d. Phosphate kilns 

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 e. Coke ovens 

 f. Blast furnaces 

 g. Smelting, melting and refining furnaces (including pyrometallurgical devices 

such as tray furnaces, cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces) 

 h. Titanium dioxide chloride process oxidation reactors 

 i. Methane reforming furnaces 

 j. Pulping liquor recovery furnaces 

 k. Combustion devices used in the recovery of sulfur values from spent sulfuric acid 

 l. Such other devices as the Department may determine on a case by case basis 

using one or more of the following factors: 

 i. The design and use of the device primarily to accomplish recovery of 

material products; 

 ii. The use of the device to burn or reduce raw materials to make a material 

product; 

 iii. The use of the device to burn or reduce secondary materials as effective 

substitutes for raw materials, in processes using raw materials as principal feedstocks; 

 iv. The use of the device to burn or reduce secondary materials as 

ingredients in an industrial process to make a material product; 

 v. The use of the device in common industrial practice to produce a 

material product; and, 

 vi. Other factors, as appropriate. 

 42. Industrial Incinerator - Any incinerator utilized in an industrial plant that does not meet 

the definition for any other type incinerator or an incinerator used to combust Type 5 or 6 waste at any 

site. 

 43. In Existence - Means that the owner or operator has obtained all necessary construction 

permits required by this Bureau and either has (a) begun, or caused to begin, a continuous program of 

physical on-site construction of the source or (b) entered into binding agreements or contractual 

obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to 

undertake a program of construction of the source to be completed in a reasonable time, or that the owner 

or operator possesses a valid operating permit for the source prior to the effective date of a regulation or 

standard. 

 44. Kraft pulp mill - Any stationary source which produces pulp from wood by cooking 

(digesting) wood chips in a water solution of sodium hydroxide and sodium sulfide (white liquor) at a 

high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is also 

considered part of the kraft pulp mill. 

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 45. Major Plant - Except as otherwise provided, this term refers to any plant which directly 

emits, or has the potential to emit, one hundred tons per year or more of any regulated air pollutant. 

 46. Malfunction - any sudden, infrequent, and not reasonably preventable failure of air 

pollution control equipment, process equipment, or a process to operate in a normal or usual manner. 

Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. During 

periods of malfunction the operator shall operate within established parameters as much as possible, and 

monitoring of all applicable operating parameters shall continue until all waste has been combusted or 

until the malfunction ceases, whichever comes first. 

 47. Mass Emission Rate - The weight discharged per unit of time. 

 48. Medical/infectious waste - any waste generated in the diagnosis, treatment, or 

immunization of human beings or animals, in research pertaining thereto, or in the production or testing 

of biologicals listed below, and any waste defined as infectious waste in R.61-105, Infectious Waste 

Management. The definition of medical/infectious waste does not include hazardous waste identified or 

listed in R.61-79.261, Hazardous Waste Management; household waste, as defined in R.61-

79.261.4(b)(1); ash from incineration of medical/infectious waste, once the incineration process has been 

completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; 

and domestic sewage materials identified in R.61-79.261.4(a)(1). 

 a. Cultures and stocks of infectious agents and associated biologicals, including: 

cultures from medical and pathological laboratories; cultures and stocks of infectious agents from 

research and industrial laboratories; wastes from the production of biologicals; discarded live and 

attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures. 

 b. Human pathological waste - tissues, organs, and body parts and body fluids that 

are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and 

their containers. 

 c. Human blood and blood products including: 

 i. Liquid waste human blood; 

 ii. Products of blood; 

 iii. Items saturated and/or dripping with human blood; or 

 iv. Items that were saturated and/or dripping with human blood that are now 

caked with dried human blood; including serum, plasma, and other blood components, and their 

containers which were used or intended for use in either patient care, testing and laboratory analysis or the 

development of pharmaceuticals. Intravenous bags are also included in this category. 

 

 d. Sharps - instruments used in animal or human patient care or treatment or in 

medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the 

attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture 

dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken 

glassware that were in contact with infectious agents, such as used slides and cover slips. 

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 e. Animal waste including contaminated animal carcasses, body parts, and bedding 

of animals that were known to have been exposed to infectious agents during research (including research 

in veterinary hospitals), production of biologicals or testing of pharmaceuticals. 

 f. Isolation wastes - biological waste and discarded materials contaminated with 

blood, excretions, exudates, or secretions from humans who are isolated to protect others from highly 

communicable diseases, or isolated animals known to be infected with highly communicable diseases. 

 g. Unused sharps including the following unused, discarded sharps: hypodermic 

needles, suture needles, syringes, and scalpel blades. 

 49. Multiple-Chamber Incinerator - An incinerator consisting of at least two refractory lined 

combustion chambers (primary and secondary) in series, physically separated by refractory walls, 

interconnected by gas passage ports or ducts. 

 50. Municipal Solid Waste, MSW or Municipal-type Solid Waste - Household, 

commercial/retail, and/or institutional waste. Household waste includes material discarded by single and 

multiple residential dwellings, hotels, motels, and other similar permanent or temporary housing 

establishments or facilities. Commercial/retail waste includes material discarded by stores, offices, 

restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar 

establishments or facilities. Institutional waste includes material discarded by schools, nonmedical waste 

discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government 

facilities, and material discarded by other similar establishments or facilities. Household, 

commercial/retail, and institutional wastes include: 

 a. Yard waste; 

 b. Refuse-derived fuel; and 

 c. Motor vehicle maintenance materials limited to vehicle batteries and tires. 

 Household, commercial/retail, and institutional waste (MSW) does not include used oil; sewage 

sludge; wood pallets; construction, renovation, and demolition wastes (which includes but is not limited 

to railroad ties and telephone poles); clean wood; industrial process or manufacturing wastes (including 

type 5 or 6 waste); medical waste; radioactive contaminated waste; hazardous waste; or motor vehicles 

(including motor vehicle parts or vehicle fluff). 

 51. Municipal Waste Combustor, MWC, or Municipal Waste Combustor Unit - Any setting 

or equipment that combusts solid, liquid, or gasified municipal solid waste including, but not limited to, 

field-erected incinerators (with or without heat recovery), modular incinerators (starved-air or excess-air), 

boilers (i.e., steam generating units) and furnaces (whether suspension-fired, grate-fired, mass-fired, or 

fluidized bed-fired, etc.), air curtain incinerators, and pyrolysis/combustion units. Municipal waste 

combustors do not include pyrolysis/combustion units located at a plastics/rubber recycling units. 

Municipal waste combustors do not include internal combustion engines, gas turbines, or other 

combustion devices that combust landfill gases collected by landfill gas collection systems. 

 For the purpose of determining reconstruction or modification, as defined in 40 CFR 60, Subpart 

A or Regulation 62.5, Standard 3, to a municipal waste combustor the following applies: 

 a. The boundaries of a municipal solid waste combustor are defined as follows. The 

municipal waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed system, 

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grate system, flue gas system, bottom ash system, and the combustor water system. The municipal waste 

combustor boundary starts at the municipal solid waste pit or hopper and extends through: 

 i. The combustor flue gas system, which ends immediately following the 

heat recovery equipment or, if there is no heat recovery equipment, immediately following the 

combustion chamber; 

 ii. The combustor bottom ash system, which ends at the truck loading 

station or similar ash handling equipment that transfer the ash to final disposal, including all ash handling 

systems that are connected to the bottom ash handling system; and 

 iii. The combustor water system, which starts at the feed water pump and 

ends at the piping exiting the steam drum or superheater. 

 b. The municipal waste combustor unit does not include air pollution control 

equipment, the stack, water treatment equipment, or the turbine-generator set. 

 52. Non-Industrial Boiler - Any boiler not classified as an industrial boiler. 

 53. Non-Industrial Furnace - Any furnace not classified as an industrial furnace. 

 54. Non-Spec. Oil (Off-Spec. Oil) - See definition of used oil. 

 55. Opacity - The degree to which emissions reduce the transmission of light and obscure the 

view of an object in the background. 

 56. Open Burning - Any fire or smoke-producing process which is not conducted in any 

boiler plant, furnace, high temperature processing unit, incinerator or flare, or in any other such 

equipment primarily designed for the combustion of fuel or waste material. 

 57. PM10 - Particulate matter with an aerodynamic diameter less than or equal to a nominal 

10 micrometers as measured by a reference method based on Appendix J of 40 CFR 50 and designated in 

accordance with 40 CFR 53 or by an equivalent method designated in accordance with 40 CFR 53, July 1, 

1987. 

 58. PM10 Emissions - Finely divided solid or liquid material with an aerodynamic diameter 

less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by a reference 

method approved by the Department, with concurrence of the U. S. Environmental Protection Agency. 

 59. Part 70 permit - Any permit or group of permits covering a source subject to the 

permitting requirements of S.C. Regulation 61-62.70. The use of the term “Title V Permit” shall be 

construed to mean “Part 70 Permit.” 

 60. Particulate Matter - Any material, except uncombined water, that exists in a finely 

divided form as a liquid or solid at standard conditions. 

 61. Particulate Matter Emissions - All finely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by an applicable reference method described in 

40 CFR 60, July 1, 1987, or an equivalent or alternative method approved by the Department, with the 

concurrence of the U. S. Environmental Protection Agency. 

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 62. Pathological waste - waste material consisting of only human or animal remains, 

anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and 

animal bedding (if applicable). 

 63. Plant - Except as otherwise provided, any stationary source or combination of stationary 

sources, which is located on one or more contiguous or adjacent properties and owned or operated by the 

same person(s) under common control. 

 64. Plastics/Rubber Recycling Unit - An integrated processing unit where plastics, rubber, 

and/or rubber tires are the only feed materials (incidental contaminants may be included in the feed 

materials) and they are processed into a chemical plant feedstock or petroleum refinery feedstock, where 

the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. The 

combined weight of the chemical plant feedstock and petroleum refinery feedstock produced by the 

plastics/rubber recycling unit on a calendar quarter basis shall be more than 70 percent of the combined 

weight of the plastics, rubber, and rubber tires processed by the plastics/rubber recycling unit on a 

calendar quarter basis. The plastics, rubber, and/or rubber tire feed materials to the plastics/rubber 

recycling unit may originate from the separation or diversion of plastics, rubber, or rubber tires from 

MSW or industrial solid waste, and may include manufacturing scraps, trimmings, and off-specification 

plastics, rubber, and rubber tire discards. The plastics, rubber, and rubber tire feed materials to the 

plastics/rubber recycling unit may contain incidental contaminants (e.g., paper labels on plastic bottles, 

metal rings on plastic bottle caps, etc.). 

 65. Potential to Emit - The maximum capacity of a plant to emit a regulated pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the plant to 

emit a regulated pollutant, including air pollution control equipment and restrictions on hours of operation 

or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design 

only if the limitation or the effect it would have on emissions is federally enforceable. Secondary 

emissions do not count in determining the potential to emit of a plant. 

 66. Process Industry - Any source engaged in the manufacture, processing, handling, 

treatment, forming, storing or any other action upon materials except fuel-burning operations. 

 67. Process Weight - The total weight of all materials introduced into a source operation, 

including air and water where these materials become an integral part of the product, and solids used as 

fuels but excluding liquids and gases used solely as fuels. 

 68. Process Weight Rate - A rate established as follows: 

 a. For continuous or long-run steady-state source operations, the total process 

weight for the entire period of continuous operation or for a typical portion thereof, divided by the 

number of hours of such period or portion thereof. 

 b. For cyclical or batch unit operations, or unit processes, the total process weight 

for a period that covers a complete operation or an integral number of cycles, divided by the hours of 

actual process operation during such a period. 

 Where the nature of any process or operation or the design of any equipment is such as to permit 

more than one interpretation of this definition, the interpretation that results in the minimum value for 

allowable emission shall apply. 

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 69. Pyrolysis/Combustion Unit - A unit that produces gases, liquids, or solids through the 

heating of waste, and the gases, liquids, or solids produced are combusted and emissions vented to the 

atmosphere. 

 70. Refuse - Garbage, rubbish and/or trade waste. 

 71. Refuse-derived Fuel - A type of municipal solid waste produced by processing municipal 

solid waste through shredding and size classification. This includes all classes of refuse-derived fuel 

including low-density fluff refuse-derived fuel through densified refuse-derived fuel and pelletized 

refuse-derived fuel. 

 72. Retail Business Type Incinerator - An incinerator that combusts waste typical of a retail 

business rather than domestic, commercial, or industrial activities. 

 73. Rubbish - Solid wastes from residences and dwellings, commercial establishments, and 

institutions. 

 74. Salvage Operations - Any operation of a business, trade, or industry engaged in whole or 

in part in salvaging or reclaiming any product or material including, but not limited to, metals, chemicals, 

shipping containers, drums or automobiles. 

 75. Secondary Emissions - Emissions which would occur as a result of the construction or 

operation of a major plant or major modification, but do not come from the major plant or major 

modification itself. Secondary emissions shall be specific, well defined, quantifiable, and shall impact the 

same general area as the plant or modification which causes the secondary emissions. Secondary 

emissions may include, but are not limited to: 

 a. emissions from ships or trains moving to or from the new or modified plant. 

 b. emissions from any offsite support operation which would not otherwise be 

constructed or increase its emissions as a result of the construction or operation of the major plant or 

major modification. 

 76. Sludge Incinerator - An incinerator that combusts wastes containing more than 10% (dry 

weight basis) sludge produced by municipal or industrial waste water treatment plants or each incinerator 

that charges more than 2205 lb/day (dry weight basis) of sludge produced by municipal or industrial 

wastewater treatment plants. 

 77. Smoke - Small gasborne and airborne particles arising from a process of combustion in 

sufficient number to be observable by a person of normal vision under normal conditions. 

 78. Solid Fuel - A fuel which is fired as a solid such as coal, lignite and wood. 

 79. Spec. Oil - See definition of used oil. 

 80. Stack - Any flue, conduit, chimney, or opening arranged to conduct an effluent into the 

open air. 

 81. Stack Height - The vertical distance measured in feet between the point of discharge from 

the stack or chimney into the outdoor atmosphere and the elevation of the land thereunder. 

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 82. Standard Conditions - 760 millimeters of mercury at 25o

 Centigrade. 

 83. Stationary Source - Any building, structure, installation or process which emits or may 

emit an air pollutant subject to regulation by any national or state standard. Use of the term “source” is to 

be construed to mean “stationary source.” 

 84. Substantial loss - Generally means a loss which would equal or exceed 10 percent of the 

total initial project cost. 

 85. Synthetic minor plant - A stationary source that obtains a federally enforceable physical 

or operational limitation from the Department to limit or cap the stationary source’s potential to emit to 

avoid being defined as a major plant or major modification, as defined in S.C. Regulation 61-62.5, 

Standard No. 7, Section I, Prevention of Significant Deterioration (“PSD”). 

 86. The Act - The Clean Air Act, as amended, 42 U.S.C. 7401, et seq. 

 87. Total reduced sulfur (TRS) - The sum of the sulfur compounds hydrogen sulfide, methyl 

mercaptan, dimethyl sulfide, and dimethyl disulfide, that are released during the kraft pulping operation. 

 88. Total Suspended Particulate (TSP) - Particulate matter as measured by the method 

described in Appendix B, 40 CFR 50, July 1, 1987. 

 89. Trade Waste - All solid, liquid or gaseous material or rubbish resulting from construction, 

building operations, or the prosecution of any business, trade or industry including, but not limited to, 

plastic products, cartons, paint, grease, oil and other petroleum products, chemicals and cinders. 

 90. Untreated lumber - Wood or wood products that have been cut or shaped and include wet, 

air-dried, and kiln-dried wood products. Untreated lumber does not include wood products that have been 

painted, pigment-stained, or “pressure-treated.” Pressure-treating compounds include, but are not limited 

to, chromate copper arsenate, pentachlorophenol, and creosote. 

 91. Used Oil - Any oil that has been refined from crude or synthetic oil and as a result of use, 

storage, or handling, has become unsuitable for its original purpose due to the presence of impurities or 

loss of original properties, but which may be suitable for further use and may be economically recyclable. 

This also includes absorbent material contaminated with used oil such as oily rags or absorbent blankets. 

Two types of used oil are defined as follows: 

 a. Spec. Oil (Specification Oil) - Used oil that meets the following specifications: * 

 i. Arsenic - 5 ppm maximum 

 ii. Cadmium - 2 ppm maximum 

 iii. Chromium - 10 ppm maximum 

 iv. Lead - 100 ppm maximum 

 v. Nickel - 120 ppm maximum 

 vi. Total halogens - 4000 ppm maximum** 

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 vii. Flash Point - 100o

F (37.8oC) minimum 

 _______________ 

 * This specification does not apply to used oil fuel mixed with a hazardous 

waste. 

 ** Used oil containing more than 1000 ppm total halogens is presumed to be a 

hazardous waste. The burden of proof that this is not true rests with the user. 

 _______________ 

 b. Non-Spec. Oil (Off-Spec. Oil) - Used oil that does not meet the specification 

above. 

 92. Utility Boiler - A boiler that produces steam, heated air, or other heated fluids for sale or 

for use in producing electric power for sale. 

 93. Virgin Fuel - Unused solid, liquid, or gaseous commercial fuel. Also, clean wood or bark 

that has not been processed other than for size reduction excluding clean wood or bark burned in an air 

curtain incinerator. 

 94. Volatile Organic Compound (VOC) - Any organic compound which participates in 

atmospheric photochemical reactions; or which is measured by a reference method (as specified in 40 

CFR 60, as of July 1, 1990), an equivalent method, an alternative method, or which is determined by 

procedures specified under any subpart of 40 CFR 60. This includes compounds other than the following 

compounds: 

acetone; 

(CF3)2CFCF2OC2H5 (2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane); 

((CF3)2CFCF2OCH3,) (2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane); 

CFC-11 (trichlorofluoromethane); 

CFC-12 (dichlorodifluoromethane); 

CFC-113 (1,1,2-trichloro-1,2,2-trifluoroethane); 

CFC-114 (1,2-dichloro-1,1,2,2-tetrafluoroethane); 

CFC-115 (chloropentafluoroethane); 

dimethyl carbonate; 

ethane; 

HCFC-22 (chlorodifluoromethane); 

HCFC-31 (chlorofluoromethane); 

HCFC-123 (1,1,1-trifluoro-2,2-dichloroethane); 

HCFC-123a (1,2-dichloro-1,1,2-trifluoroethane); 

HCFC-124 (2-chloro-1,1,1,2-tetra-fluoroethane); 

HCFC-134a (1,1,1,2-tetrafluoroethane); 

HCFC-141b (1,1-dichloro-1-fluoroethane); 

HCFC-142b (1-chloro-1,1-difluoroethane); 

HCFC-151a (1-chloro-1-fluoroethane); 

HCFC 225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane); 

HCFC 225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane); 

HFC-23 (trifluoromethane); 

HFC-32 (difluoromethane); 

HFC 43-10mee (1,1,1,2,3,4,4,5,5,5-decafluoropentane); 

HFC-125 (pentafluoroethane); 

HFC-134 (1,1,2,2-tetrafluoroethane); 

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HFC-143a (1,1,1-trifluoroethane); 

HFC-152a (1,1-difluoroethane); 

HFC-161 (ethylfluoride); 

HFC 227ea (1,1,1,2,3,3,3-heptafluoroproane); 

HFC-236ea (1,1,1,2,3,3-hexafluoropropane); 

HFC-236fa (1,1,1,3,3,3-hexafluoropropane); 

HFC-245ca (1,1,2,2,3-pentafluoropropane); 

HFC-245ea (1,1,2,3,3-pentafluoropropane); 

HFC-245eb (1,1,1,2,3-pentafluoropropane); 

HFC-245fa (1,1,1,3,3-pentafluoropropane); 

HFC-365mfc (1,1,1,3,3-pentafluorobutane); 

HFE-7000 (1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane) or (n-C3F7OCH3); 

HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane) or (C4F9OCH3); 

HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane) or (C4F9OC2H5); 

HFE-7300 ((1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane); 

HFE-7500 (3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane; 

methane; 

methyl acetate; 

methyl chloroform (1,1,1-trichloroethane); 

methylene chloride (dichloromethane); 

methyl formate (HCOOCH3); 

parachlorobenzotrifluoride (PCBTF); 

perchloroethylene (tetrachloroethylene); 

perfluorocarbon compounds that fall into these classes: 

(i) cyclic, branched, or linear, completely fluorinated alkanes; 

(ii) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; 

(iii) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; 

(iv) sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and 

fluorine; 

propylene carbonate; and 

volatile methyl siloxanes (cyclic, branched, or linear completely methylated siloxanes) (VMS). 

These compounds have been determined to have negligible photochemical reactivity. For purposes of 

determining compliance with emission limits, VOC will be measured by the approved test methods. 

Where such a method also inadvertently measures compounds with negligible photochemical reactivity, 

an owner or operator may exclude these negligibly reactive compounds when determining compliance 

with an emissions standard. 

The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely 

identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC 

content requirements: t-butyl acetate (TBAC or TBAc). 

 95. Waste - Any discarded material including but not limited to used oil, hazardous waste 

fuel, hazardous waste, medical waste, municipal solid waste, sludge, waste fuel, and waste classification 

Types 0 through 6 or any material which as a result of use, storage, or handling has become unsuitable for 

its original purpose due to the presence of impurities or loss of original properties. 

 a. Type 0 - Trash, a mixture of highly combustible waste such as paper, cardboard, 

wood boxes, and combustible floor sweepings, from commercial and industrial activities. The mixture 

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contains up to 10% by weight of plastic bags, coated paper, laminated paper, treated corrugated 

cardboard, oily rags and plastic or rubber scraps. 

 Typical composition: 10% moisture, 5% incombustible solids and has a heating value of 

approximately 8500 BTU per pound as fired. 

 b. Type 1 - Rubbish, a mixture of combustible waste such as paper, cardboard 

cartons, wood scrap, foliage and combustible floor sweepings, from domestic, commercial and industrial 

activities. The mixture contains up to 20% by weight of restaurant or cafeteria waste, but contains little or 

no treated papers, plastic or rubber wastes. 

 Typical composition: 25% moisture, 10% incombustible solids and has a heating value of 

approximately 6500 BTU per pound as fired. 

 c. Type 2 - Refuse, consisting of an approximately even mixture of rubbish and 

garbage by weight. This type of waste is common to apartment and residential occupancy. 

 Typical composition: up to 50% moisture, 7% incombustible solids, and has a heating 

value of approximately 4300 BTU per pound as fired. 

 d. Type 3 - Garbage, consisting of animal and vegetable wastes from restaurants, 

cafeterias, hotels, hospitals, markets, and like installations. 

 Typical composition: up to 70% moisture, up to 5% incombustible solids and has a 

heating value of approximately 2500 BTU per pound as fired. 

 e. Type 4 - Human and animal remains, consisting of carcasses, organs and solid 

organic wastes from hospitals, laboratories, abattoirs, animal pounds, and similar sources. 

 Typical composition: up to 85% moisture, 5% incombustible solids, and having a heating 

value of approximately 1000 BTU per pound as fired. 

 f. Type 5 - By-product waste, gaseous, liquid or semi-liquid, such as tar, paints, 

solvents, sludge, fumes, etc., from industrial operations. BTU values shall be determined by the 

individual materials to be destroyed. 

 g. Type 6 - Solid by-product waste, such as rubber, plastics, wood waste, etc., from 

industrial operations. BTU values shall be determined by the individual materials to be destroyed. 

 96. Waste Fuel - Waste that does not meet hazardous waste criteria but has a heat value 

greater than 5000 BTU/lb. 

 97. Yard waste - Grass, grass clippings, bushes, shrubs, and clippings from bushes and 

shrubs that are generated by residential, commercial/retail, institutional, and/or industrial sources as part 

of maintenance activities associated with yards or other private or public lands. Yard waste does not 

include construction, renovation, and demolition wastes, which are exempt from the definition of 

municipal solid waste in this Section. Yard waste does not include clean wood, which is also exempt from 

the definition of municipal solid waste in this Section. 

SECTION II - PERMIT REQUIREMENTS.

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A. Construction Permits 

 1. Applicability 

a. This regulation will not supersede any State or Federal requirements nor special permit 

conditions, unless this regulation would impose a more restrictive emission limit. 

 b. Except as allowed under paragraphs (c) and (d) below, any person who plans to 

construct, alter or add to a source of air contaminants, including installation of any device for the control 

of air contaminant discharges, shall first obtain a construction permit from the Department prior to 

commencement of construction. 

c. The Department may grant permission to proceed with minor alterations or additions 

without issuance of a construction permit when the Department determines that the alteration or addition 

will not increase the quantity and will not alter the character of the source’s emissions. 

 d. The owners or operators of sources not requesting to use Federally enforceable 

construction permit conditions to limit potential to emit, sources not subject to regulations with more 

stringent start of construction limitations, or sources not otherwise exempt from permit requirements, may 

undertake the following on-site activities prior to obtaining a construction permit: 

 i. Planning; 

 ii. Engineering and design; 

 iii. Geotechnical investigation; 

 iv. Site land clearing and grading; 

 v. Setting up temporary trailers to house construction staff and contractor 

personnel; 

 vi. Ordering of equipment and materials; 

 vii. Receipt and storing of equipment; 

 viii. Pouring of the foundation up to and including the mounting pads and 

slab on grade; 

 ix. Relocation of utilities; and, 

 x. For existing sources, relocation/installation of piping, electrical service, 

and instrumentation. 

In the event that the source does not qualify for issuance of a construction permit, the owners or operators 

accept the financial risk of commencing these activities. 

2. No permit to construct or modify a source will be issued if emissions interfere with attainment or 

maintenance of any State or Federal standard. 

3. The owner or operator shall submit written notification to the Department of the date construction 

is commenced, postmarked no later than 30 days after such date, and written notification of the actual 

date of initial startup of each new or altered source, postmarked within 15 days after such date. 

4. The owner or operator shall comply with all terms, conditions, and limitations of any 

Department-issued construction permit for sources or activities at its facility. 

5. Approval to construct shall become invalid if construction is not commenced within 18 months 

after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if 

construction is not completed within a reasonable time. The Department may extend the 18-month period 

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upon a satisfactory showing that an extension is justified. This provision does not apply to the time 

period between construction of the approved phases of a phased construction project; each phase must 

commence construction within 18 months of the projected and approved commencement date. 

B. Exemptions From the Requirement to Obtain a Construction Permit

 1. No construction permits shall be required for the sources listed in Section II (B)(1)(a) 

through (c) which burn virgin fuel and which were constructed prior to February 11, 1971 and which are 

not located at a facility that meets the definition of a major source as defined in S.C. Regulation 61-

62.70.2(r); however, modifications at these facilities may trigger the requirement to obtain a construction 

permit. 

 a. Natural gas boilers. 

 b. Oil-fired boilers of 50 x 106

 BTU/HR rated input capacity or smaller. 

 c. Coal-fired boilers of 20 x 106

 BTU/HR rated input capacity or smaller. 

 2. No construction permits shall be required for the sources listed in Section II (B)(2)(a) 

through (h), unless otherwise specified by S.C. Regulation 61-62.70 or any other State or Federal 

requirement. A source's exemption status may change upon the promulgation of new regulatory 

requirements applicable to any of the sources listed in Section II (B)(2)(a) through (g), or to any other 

sources that have been determined to have total uncontrolled emissions less than the thresholds in Section 

II (B)(2)(h), or to any similar sources that have been granted an exemption by the Department. 

 a. Boilers and space heaters of less than 1.5 x 106

 BTU/HR rated input capacity 

which burn only virgin liquid fuels or virgin solid fuels. 

 b. Boilers and space heaters of less than 10 x 106

 BTU/HR rated input capacity 

which burn only virgin gas fuels. 

 c. Comfort air-conditioning or ventilation systems. 

 d. Motor vehicles. 

 e. Laboratory hoods. 

 f. Emergency power generators as described below: 

 i. Generators of less than or equal to 150 KW rated capacity. 

 ii. Generators of greater than 150 KW rated capacity designated for 

emergency use only and are operated a total of 500 hours per year or less for testing and maintenance and 

have a method to record the actual hours of use such as an hour meter. 

g. Sources emitting only steam, air, nitrogen, oxygen, carbon dioxide, or any physical 

combination of these. 

 h. Sources with a total uncontrolled emission rate of less than 1 lb/hr each of 

particulates, sulfur dioxide, nitrogen oxides, and carbon monoxide; and a total uncontrolled emission rate 

of less than 1000 lbs/month of VOC will not require construction permits. However, these sources may 

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be required to be included in any subsequent construction or operating permit review to ensure that there 

is no cause or contribution to an exceedance of any ambient air quality standard or limit. For toxic air 

pollutant exemptions, refer to S.C. Regulation 61-62.5, Standard No. 8. 

 3. The Department will place the exempt sources listed in Section II (B)(2)(a) through (g), 

and other sources that have been determined to have total uncontrolled emissions less than the thresholds 

in Section II (B)(2)(h), on a list of sources to be exempted without further review. The list of sources that 

are exempt without further review from the requirement to obtain a construction permit will be 

maintained by the Department and periodically published in the South Carolina State Register for use by 

the public and the regulated community. 

 4. Sources whose only emissions are fugitive must submit source information, and the need 

for permit(s) will be made by the Department on a case-by-case basis. This determination will take into 

consideration, but will not be limited to the nature and amount of the pollutants, location, proximity to 

residences and commercial establishments, etc. 

 5. Requests for exemption from the requirement to obtain a construction permit, for new 

sources similar to sources already on the Department maintained list established in Section II (B)(3), or 

for modifications to existing equipment, including the reconstruction, relocation, and replacement of 

existing equipment, which may qualify for exemption as per Section II (B)(2)(h) and Section II (B)(4), 

shall include the following information: 

 a. A complete description of the existing equipment and proposed modification; 

 b. The pollutant(s) being emitted and any deviation from the parameters provided in 

earlier permit applications, permit exemptions, and issued permits; 

 c. Any ambient air quality demonstrations needed for S.C. Regulation 61-62.5, 

Standards No. 2, No. 7, and No. 8; and, 

 d. A regulatory review to demonstrate the project is not a CAA Title I modification, 

nor subject to S.C. Regulation 61-62.5, Standards No. 7 and 7.1. 

 6. The construction permitting exemptions in Section II (B) do not relieve the owner or 

operator of any source from any obligation to comply with any other applicable requirements. 

C. Construction Permit Applications 

 1. Construction permit applications shall be reviewed and signed by a professional engineer 

registered to practice in the State of South Carolina (except professional engineers employed by the 

Federal government preparing applications for the Federal government or other professional engineers 

exempted from the State registration requirements.) 

 2. The following are exempt from the requirement that the construction permit applications 

be reviewed and signed by a registered professional engineer provided the proposed unit is identical to a 

prototype model which has been previously designed or otherwise certified by a professional engineer: 

 a. Package-type incinerators of 750 pounds/hr rated capacity or smaller which burn 

types 0 and 1 wastes as defined by the Incinerator Institute of America; 

 b. Package-type incinerators of 500 pounds/hr rated capacity or smaller which burn 

animal remains excluding those remains that are considered infectious waste; and, 

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 c. Package-type boilers of 100 x 106

 BTU/hr input capacity or smaller which burn 

natural gas or virgin oil as fuel. 

 3. Construction permit applications shall provide the information described in Section II 

(C)(3)(a) through (p). This information should be submitted on Department forms, but project specific 

information may need to be provided in addition to that requested in applicable forms. 

 a. The company name and mailing address; the facility name and mailing address 

(if different from that of the company); and the name, mailing address, and telephone number of the 

owner or agent for the company; 

 b. The location of the facility including its street address and the name, mailing 

address, and telephone number of the facility's contact person; 

 c. The facility's Federal Identification Number; 

 

 d. A description and the U. S. Standard Industrial Classification (SIC) Code or 

North American Industry Classification System (NAICS) Code of the products or product lines to be 

produced by the proposed sources covered by this application; 

 e. The facility's planned operating schedules; 

 f. A description of the facility's proposed new or altered processes, including the 

physical and chemical properties and feed rate of the materials used and produced (in pounds per hour), 

from which the facility determined potential emissions; 

 g. A process flow diagram/production process layout of all new or altered sources 

showing the flow of materials and intermediate and final products. The process flow diagram/production 

process layout must identify all equipment, machines, and process steps or product lines within the 

production process, all product streams, all exhaust streams (emission points) including fugitive within 

the production process, all waste streams, and all control devices including inherent process control 

devices used within the production process; 

 h. A detailed description of each proposed or existing source that is being altered, 

including the size and type along with the make and model of the source and any associated air pollution 

control equipment; 

 i. A description, including physical and chemical properties and the Chemical 

Abstract Service (CAS) number (if applicable), of all emissions from each proposed source or existing 

source that is being altered. Mass emission data and emission calculations, including the potential 

uncontrolled and controlled mass emission rate of each criteria pollutant and other air contaminants such 

as volatile organic compounds (VOC), toxic air pollutants (TAP), and hazardous air pollutants (HAP), 

that will be emitted from each source covered by the application. Emission calculations must be based on 

proper documentation that supports the basis of the emission rates such as stack test data, AP-42 emission 

factors, material balance, and/or engineering estimates. All assumptions used in the emission calculations 

must be provided. Fugitive emissions (i.e. emissions from filling operations, pumps, valves, flanges, etc.) 

must be included in the emission calculations; 

 j. A description of all air pollution control devices or systems on the new or altered 

sources, whether inherent or add-on. The description shall include, but not be limited to, the 

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manufacturer specifications and ratings, the engineering design and operating characteristics, the 

projected capture, and destruction, control, or removal efficiencies at expected contaminant loading 

levels, and the monitoring data collection and recordkeeping necessary to ensure proper operation of the 

air pollution control devices; 

 k. Source information and calculations to demonstrate compliance with "Good 

Engineering Practice Stack Height" rules. 

 l. A description of each stack or vent related to the proposed and/or existing 

source(s), including the minimum anticipated height above ground, maximum anticipated internal 

dimensions, discharge orientation, exhaust volume flow rate, exhaust gas temperature, and rain protection 

device, if any; 

 m. Scale drawings showing a plan view of the property lines, the location of the 

source, all stacks and other emission points related to the source; 

 n. An air dispersion modeling analysis or other information demonstrating that 

emissions from the facility, including those in the application, will not interfere with the attainment or 

maintenance of any ambient air quality standard; 

 o. A summary of facility-wide potential uncontrolled and controlled emissions with 

a regulatory applicability determination; and, 

 p. Other information as may be necessary for proper evaluation of the source as 

determined by the Department. 

D. General Construction Permits 

 1. The Department may develop and issue general construction permits applicable to similar 

sources for new construction projects or minor modifications to existing sources. General construction 

permits developed shall incorporate all requirements applicable to the construction of similar sources and 

shall identify criteria by which sources may qualify for coverage under the general construction permit. 

 2. Sources may submit a construction permit application to the Department with a request 

for coverage under the conditions and terms of a general construction permit for similar sources. The 

Department shall grant the general construction permit to sources certifying qualification for and agreeing 

to the conditions and terms of the general construction permit for similar sources. The source shall be 

subject to enforcement action for operation without a valid permit if the source is later determined not to 

qualify for coverage under the general construction permit. 

 3. The Department may grant a source's request for authorization to operate under a general 

construction permit, but such a grant shall be a final permit action for purposes of judicial review. 

 4. The permit application for general construction permits may deviate from the 

requirements of Section II (C) provided that such application includes all information necessary to 

determine qualification for, and to assure compliance with, the general permit. 

 5. A source that qualifies for coverage under a Department issued general construction 

permit may submit a construction permit application to the Department and request an individual 

construction permit in lieu of coverage under a general construction permit. 

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E. Synthetic Minor Construction Permits 

 1. General Provisions 

 a. Any stationary source may request to use Federally enforceable permit conditions 

to limit the source's potential to emit and become a synthetic minor source. 

 b. Stationary sources requesting a synthetic minor construction permit shall submit 

a complete permit application package to the Department as prescribed by S.C. Regulation 61-62.1, 

Section II (E)(5). 

 c. Stationary sources requesting a synthetic minor construction permit shall undergo 

the public participation procedures of S.C. Regulation 61-62.1, Section II (N). 

 d. The Department shall act, within a reasonable time, on an application for a 

synthetic minor construction permit and shall notify the applicant in writing of its approval, conditional 

approval, or denial. 

 e. In the event of a denial of a synthetic minor construction permit application, the 

Department shall notify the applicant in writing of the reasons for the denial. The Department shall not 

accept a subsequent synthetic minor construction permit application until the applicant has addressed the 

concerns specified by the Department which caused the denial. The source shall correct all deficiencies 

noted by the Department within 60 calendar days of receiving notice of the denial, or submit a complete 

major source construction permit application as prescribed by S.C. Regulation 61-62.1, Section II (C) if 

the source desires to proceed with the project. 

 2. New Sources and Modifications 

 a. Stationary sources desiring to restrict its potential to emit shall submit a written 

request to the Department for a Federally enforceable construction permit conditioned to constrain the 

operation of the source, along with a completed construction permit application package as prescribed by 

S.C. Regulation 61-62.1, Section II (E)(5). The construction of the new or modified source shall not 

commence until the source has received an effective permit to construct. 

 b. The owner or operator shall submit written notification to the Department of the 

date construction is commenced, postmarked no later than 30 days after such date, and written 

notification of the actual date of initial startup of each new or altered source, postmarked within 15 days 

after such date. A written request to obtain an operating permit shall be submitted to the Department no 

later than fifteen (15) days after the actual date of initial startup of each new or altered source in 

accordance with S.C. Regulation 61-62.1, Section II (F). A satisfactory compliance inspection by a 

Department representative may precede the issuance of an operating permit for any newly constructed or 

modified source. 

 3. Synthetic Minor Construction Permit Conditions 

 a. Synthetic minor construction permits shall contain the standard permit conditions 

listed in Section II (J)(1) and any special permit conditions required to verify a source's compliance with 

the emissions limitations and operational requirements. 

 b. The limitations and requirements listed as permit conditions shall be permanent, 

quantifiable, or otherwise enforceable as a practical matter. 

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 c. All synthetic minor construction permit conditions that constrain the operation of 

a source in an effort to limit potential to emit below major source threshold levels shall be Federally 

enforceable. Unless otherwise agreed by the Department and EPA, the Department shall provide to EPA 

on a timely basis a copy of each proposed (or draft) and final permit intended to be Federally enforceable. 

 4. General Synthetic Minor Construction Permits 

 a. The Department may, after notice and opportunity for public participation 

provided under S.C. Regulation 61-62.1, Section II (N), issue a general synthetic minor construction 

permit applicable to similar sources. Any general synthetic minor construction permit shall incorporate 

all requirements applicable to the construction of similar synthetic minor sources and shall identify 

criteria by which sources may qualify for the general permit. Sources may submit a permit application to 

the Department with a request for coverage under the conditions and terms of a general synthetic minor 

construction permit for similar sources. The Department shall grant the general synthetic minor 

construction permit to sources certifying qualification for and agreeing to the conditions and terms of the 

general synthetic minor construction permit for similar sources. The source shall be subject to 

enforcement action for operation without a valid permit if the source is later determined not to qualify for 

the conditions and terms of the general synthetic minor construction permit. 

 b. The Department may grant a source's request for authorization to operate under a 

general permit without further public notice, but such a grant shall be a final permit action for purposes of 

judicial review. 

 c. The Department shall provide timely notice to the public of any authorization 

given to a facility to operate under the terms of a general permit. Such notice may be made on a periodic, 

summarized basis covering all facilities receiving authorization since the last notice. 

 5. Requirements for Synthetic Minor Construction Permit Applications 

 a. In addition to the minimum information required by S.C. Regulation 61-62.1, 

Section II (C)(3), any facility applying for a synthetic minor construction permit must also provide the 

following: 

 i. Potential emission calculations and proposed Federally enforceable 

emission limitations for each emission unit at the facility verifying that the total emissions at the facility 

will be below the major source (or facility) thresholds; 

 ii. All proposed production and/or operational limitations that will constrain 

the operation of each emission unit that are to be identified as Federally enforceable; and, 

 iii. All proposed monitoring parameters, recordkeeping and reporting 

requirements the applicant will use to determine and verify compliance with the requested Federally 

enforceable limitations on a continuous basis. The applicant shall also provide the compliance status of 

these proposed parameters and requirements at the time of the application submittal. 

 b. The permit application for general synthetic minor construction permits may 

deviate from the requirements of Section II (E)(5)(a) provided that such application includes all 

information necessary to determine qualification for, and to assure compliance with, the general permit 

F. Operating Permits 

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 1. The owner or operator shall submit written notification to the Department of the actual 

date of initial startup of each new or altered source, postmarked within 15 days after such date. Any 

source that is required to obtain an air quality construction permit issued by the Department must obtain 

an operating permit when the new or altered source is placed into operation and shall comply with the 

requirements of this section. 

 

 2. The owner/operator or professional engineer in charge of the project shall certify that, to 

the best of his/her knowledge and belief and as a result of periodic observation during construction, the 

construction under application has been completed in accordance with the specifications agreed upon in 

the construction permit issued by the Department. If construction is certified as provided above, the 

permittee may operate the source in compliance with the terms and conditions of the construction permit 

until the operating permit is issued by the Department. If construction is not built as specified in the 

permit application and associated construction permit(s), the owner/operator must submit to the 

Department a complete description of modifications that are at variance with the documentation of the 

construction permitting determination prior to commencing operation. Construction variances that would 

trigger additional requirements that have not been addressed prior to start of operation shall be considered 

construction without a permit. 

 

3. Request for a New or Revised Operating Permit 

 a. For sources covered by an effective Title V operating permit, the modification 

request required by S.C. Regulation 61-62.70 shall serve as the request to operate for the purposes of this 

regulation. 

 b. For sources not subject to S.C. Regulation 61-62.70, or not yet covered by an 

effective Title V operating permit, the permittee shall submit a written request for a new or revised 

operating permit to cover any new, or altered source, postmarked no later than fifteen (15) days after the 

actual date of initial startup of each new or altered source. 

 c. The written request for a new or revised operating permit must include, as a 

minimum, the following information: 

 i. A list of sources that were placed into operation. 

 ii. The actual date of initial startup of each new or altered source. 

G. Conditional Major Operating Permits 

1. The requirements of Section II (G) shall apply to those sources that request a Federally 

enforceable permit to limit their potential to emit to less than major source thresholds. 

 2. General Provisions 

 a. Any stationary source that satisfies the definition of a major source may request a 

Federally enforceable conditional major operating permit to limit the source's potential to emit and 

become a conditional major source. Any stationary source that has received a synthetic minor 

construction permit to limit the source's potential to emit below major source threshold levels, that is not 

required to obtain a Title V operating permit, shall be issued a conditional major operating permit to 

consolidate the source's limitations on potential to emit, and shall be considered a conditional major 

source. 

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 b. Stationary sources requesting a conditional major operating permit shall submit a 

complete request for a new or revised operating permit to the Department as required by S.C. Regulation 

61-62.1, Section II (G)(6). 

 c. Stationary sources requesting an original or renewed conditional major operating 

permit shall undergo the public participation procedures of S.C. Regulation 61-62.1, Section II (N). 

Submission of a request for renewal meeting the requirements in S.C. Regulation 61-62.1, Section II (H) 

shall allow the permittee to continue operating pursuant to the most recent conditional major operating 

permit, until such time as the Department has taken final action on the request for renewal. 

 d. The Department shall act on a request for a conditional major operating permit 

and shall notify the source in writing of its approval, conditional approval, or denial. 

 e. In the event of a denial of a conditional major operating permit request, the 

Department shall notify the source in writing of the reasons for the denial. The Department shall not 

accept a subsequent conditional major operating permit request until the source has addressed the 

concerns specified by the Department which caused the original denial. The source shall correct all 

deficiencies noted by the Department or submit a complete permit application in accordance with S.C. 

Regulation 61-62.70 in order to receive a Title V operating permit. 

 3. Existing Sources 

 a. Any owner or operator desiring to be permitted as a conditional major source 

shall submit an operating permit request containing the information identified in S.C. Regulation 61-62.1, 

Section II (G)(6). A Federally enforceable conditional major operating permit shall constrain the 

operations of the source such that potential emissions fall below applicable regulatory levels and therefore 

exclude the source from the requirements to have a Title V operating permit. 

 b. A request for a conditional major operating permit shall not relieve a source from 

the requirement to meet the deadline for submittal of a Title V operating permit application. 

 4. New sources 

 a. Any owner or operator who plans to construct, alter, or add to a source of air 

contaminants, including the installation of any device for the control of air contaminant discharges, and 

desires a conditional major operating permit shall provide a written request to the Department for a 

Federally enforceable synthetic minor construction permit conditioned to constrain the operation of the 

source, along with a complete construction permit application package containing the information 

identified in S.C. Regulation 61-62.1, Section II (G)(6). The construction of the new or modified source 

shall not commence until the source has received an effective permit to construct from the Department. 

 b. A written request to obtain a conditional major operating permit shall be 

submitted to the Department postmarked no later than fifteen (15) days after the actual date of initial 

startup of each new or altered source. This request shall include any additional information required in 

S.C. Regulation 61-62.1, Section II (G)(6). These facilities will be issued conditional major operating 

permits without further public notice if no substantive changes to limitations are required. A satisfactory 

compliance inspection by a Department representative may precede the issuance of an operating permit 

for any newly constructed or modified source. 

 5. Conditional Major Operating Permit Conditions 

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 a. Conditional major operating permits shall contain the standard permit conditions 

listed in Section II (J)(1) and any special permit conditions required to verify a source's compliance with 

the emissions limitations and operational requirements. 

 b. The limitations and requirements listed as permit conditions shall be permanent, 

quantifiable, or otherwise enforceable as a practical matter. 

 c. All conditional major operating permit conditions that constrain the operation of 

a source in an effort to limit potential to emit below major source threshold levels as defined in S.C. 

Regulation 61-62.70 shall be Federally enforceable. Unless otherwise agreed by the Department and EPA, 

the Department shall provide to EPA on a timely basis a copy of each proposed (or draft) and final permit 

intended to be Federally enforceable. 

 6. Additional Requirements for Conditional Major Operating Permit Requests 

 a. In addition to the minimum information required by S.C. Regulation 61-62.1, 

Section II (C)(3), any facility requesting a conditional major operating permit must also provide the 

following: 

 i. Potential emission calculations and proposed Federally enforceable 

emission limitations for each emission unit at the facility verifying that the total emissions at the facility 

will be below the major source (or facility) thresholds. 

 ii. All proposed production and/or operational limitations that will constrain 

the operation of each emission unit that are to be identified as Federally enforceable. 

 iii. All proposed monitoring parameters, recordkeeping and reporting 

requirements the source will use to determine and verify compliance with the requested Federally 

enforceable limitations on a continuous basis. The source shall also provide the compliance status of these 

proposed parameters and requirements at the time of the request submittal. 

 b. The request for general conditional major operating permits may deviate from the 

requirements of Section II (G)(6) provided that such request includes all information necessary to 

determine qualification for, and to assure compliance with, the general permit. 

 7. General Conditional Major Operating Permits 

 a. The Department may, after notice and opportunity for public participation 

provided under S.C. Regulation 61-62.1, Section II (N), issue a general conditional major operating 

permit applicable to similar sources. Any general conditional major operating permit shall incorporate all 

requirements applicable to the operation of similar conditional major sources and shall identify criteria by 

which sources may qualify for the general permit. Sources may submit a permit application to the 

Department with a request for coverage under the conditions and terms of a general conditional major 

operating permit for similar sources. The Department shall grant the general conditional major operating 

permit to sources certifying qualification for and agreeing to the conditions and terms of the general 

conditional major operating permit for similar sources. The source shall be subject to enforcement action 

for operation without a valid permit if the source is later determined not to qualify for the conditions and 

terms of the general conditional major operating permit. 

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 b. The Department may grant a source's request for authorization to operate under a 

general permit without further public notice, but such a grant shall be a final permit action for purposes of 

judicial review. 

 c. The Department shall provide timely notice to the public of any authorization 

given to a facility to operate under the terms of a general permit. Such notice may be made on a periodic, 

summarized basis covering all facilities receiving authorization since the last notice. 

H. Operating Permit Renewal Requests 

 1. Any source that wishes to have its operating permit renewed must submit a written 

request to the Department. 

 2. The provisions of S.C. Regulation 61-62.1, Section II (H), shall apply only to those 

sources not subject to S.C. Regulation 61-62.70. For sources covered by an effective Title V operating 

permit, the operating permit renewal request required by S.C. Regulation 61-62.70 shall serve as the 

request to operate for the purposes of this regulation. 

 3. For sources not subject to S.C. Regulation 61-62.70, the permittee shall submit an 

operating permit renewal request to the Department no later than 90 days prior to the operating permit 

expiration date. The source may be inspected by the Department in order to decide whether to renew the 

permit. Past records of compliance and future probability of compliance will be considered in making the 

decision regarding renewal. 

 4. Operating permit renewal requests shall include a description of any changes at the 

facility that have occurred since issuance of the last operating permit that may effect the operating permit 

or operating permit review. In general, the description shall include any addition, alteration or removal of 

sources, including sources exempt from construction permit requirements; addition, alteration or removal 

of emission limitations; any changes to monitoring, recordkeeping, or reporting requirements; and any 

changes or additions to special permit conditions. The following items should be addressed as part of the 

operating permit renewal request: 

 a. The company name and mailing address; the facility name and mailing address 

(if different from that of the company); and the name, mailing address, and telephone number of the 

owner or agent for the company; 

 b. The location of the facility including its street address and the name, mailing 

address, and telephone number of the facility's contact person; 

 c. The facility's Federal Identification Number; 

 

 d. Any change to the U. S. Standard Industrial Classification (SIC) Code or North 

American Industry Classification System (NAICS) Codes of the products or product lines; 

 e. Any construction permits to be incorporated into the operating permit, either 

whole or in part, and any listed information descriptions that have been removed or decommissioned. 

Any changes to exempted sources listed in current operating permit; 

 f. Any change to the facility's planned operating schedules or description of the 

facility's current and/or proposed processes, including the physical and chemical properties and feed rate 

Revision to S.C. Air Quality Implementation Plan, 2009 End of Year Revisions 

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of the materials used and produced (in pounds per hour), from which the facility determined actual and 

potential emissions; 

 g. Any changes to current process flow diagram or production process layout shall 

be addressed, showing the flow of materials and intermediate and final products. Updated process flow 

diagram or production process layout must identify major equipment, machines, and process steps or 

product lines within the production process, all product streams, all exhaust streams (emission points) 

including fugitive within the production process, all waste streams, and all control devices including 

inherent process control devices used within the production process; 

 h. A description, including the Chemical Abstract Service (CAS) number (if 

applicable), of all emissions from each source. Mass emission data and emission calculations, including 

the potential uncontrolled and controlled mass emission rate of each criteria pollutant and other air 

contaminants such as volatile organic compounds (VOC), toxic air pollutants (TAP), and hazardous air 

pollutants (HAP), emitted from each source. Emission calculations must be based on proper 

documentation that supports the basis of the emission rates such as stack test data, AP-42 emission 

factors, material balance, and/or engineering estimates. All assumptions used in the emission calculations 

must be provided. Fugitive emissions (i.e. emissions from filling operations, pumps, valves, flanges, etc.) 

must be included in the emission calculations. A summary of facility-wide potential uncontrolled and 

controlled emissions with a regulatory applicability determination. If existing data supplied to the Bureau 

remains correct, identify documents referenced to comply with this requirement; 

 i. If no longer accurate, a revised air dispersion modeling analysis or other 

information demonstrating that emissions from the facility will not interfere with the attainment or 

maintenance of any ambient air quality standard. As needed, include a description of each stack or vent 

related to the proposed and/or existing source(s), minimum anticipated height(s) above ground, maximum 

anticipated internal dimensions, discharge orientation(s), exhaust volume flow rate(s), exhaust gas 

temperature(s), and rain protection devices, if any. If existing data supplied to the Bureau remains 

correct, identify document referenced to comply with this requirement; and, 

 j. Other information as may be necessary for proper evaluation of the operating 

permit request. 

I. Registration Permits 

 1. Development of Registration Permits 

 a. The Department may, after notice and opportunity for public participation 

provided under S.C. Regulation 61-62.1, Section II (N), develop registration permits applicable to similar 

sources. Any registration permit developed shall specify compliance with all requirements applicable to 

the construction or operation of that specific category of stationary sources and shall identify criteria by 

which sources may qualify for the registration permit. 

 b. Registration permits will be developed only for specific stationary source groups 

with uncontrolled potential to emit less than the threshold for major source groups, in accordance with 

S.C. Regulation 61-62.70, Title V Operating Permit Program; S.C. Regulation 61-62.5, Standard No. 7; 

Prevention of Significant Deterioration; S.C. Regulation 61-62.5, and Standard No. 7.1, Nonattainment 

New Source Review, and where equipment similarities and simplicity remove the need for in depth sitespecific review. 

 2. Application for Coverage Under a Registration Permit 

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 a. A source that qualifies may elect to apply to the Department for coverage under a 

registration permit in lieu of a construction and operating permit as provided in Regulation 61-62.1, 

Section II (A) and (F). The Department shall grant the registration permit to sources certifying 

qualification for and agreeing to the conditions and terms of the registration permit applicable to similar 

sources. The source shall be subject to enforcement action for operation without a valid permit if the 

source is later determined not to qualify for the conditions and terms of the registration permit. 

 b. The Department may grant a source's request for authorization to operate under a 

registration permit without further public notice, but such a grant shall be a final permit action for 

purposes of judicial review. 

 3. Registration Permit Conditions 

 a. Registration Permits shall contain the standard permit conditions listed in Section 

II (J)(1). 

 b. Registration Permits shall contain any applicable special permit conditions 

required to verify a source's compliance with any emissions limitations and operational requirements. 

J. Permit Conditions 

 1. Standard Permit Conditions 

 All permits shall contain the following standard permit conditions. 

 

 a. No applicable law, regulation or standard will be contravened. 

 b. All official correspondence, plans, permit applications and written statements are 

an integral part of the permit. 

 c. For sources not required to have continuous emission monitors, any malfunction 

of air pollution control equipment or system, process upset or other equipment failure which results in 

discharges of air contaminants lasting for one hour or more and which are greater than those discharges 

described for normal operation in the permit application shall be reported to the Department within 

twenty-four hours after the beginning of the occurrence and a written report shall be submitted to the 

Department within thirty (30) days. The written report shall include as a minimum, the following: 

 i. The identity of the stack and/or emission point where the excess 

emissions occurred; 

 ii. The magnitude of the excess emissions expressed in the units of the 

applicable emission limitation and the operating data and calculations used in determining the excess 

emissions; 

 iii. The time and duration of the excess emissions; 

 iv. The identity of the equipment causing the excess emissions; 

 v. The nature and cause of such excess emissions; 

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 vi. The steps taken to remedy the malfunction and the steps taken or planned 

to prevent the recurrence of such malfunction; 

 vii. The steps taken to limit the excess emissions; and, 

 viii. Documentation that the air pollution control equipment, process 

equipment, or processes were at all times maintained and operated, to the maximum extent practicable, in 

a manner consistent with good practice for minimizing emissions. 

 d. Sources required to have continuous emission monitors shall submit reports as 

specified in applicable parts of the permit, law, regulations, or standards. 

 e. Any owner or operator who constructs or operates a source or modification not in 

accordance with the application submitted pursuant to this regulation or with the terms of any approval to 

construct, or who commences construction after the effective date of these regulations without applying 

for and receiving approval hereunder, shall be subject to enforcement action. 

 f. Approval to construct shall become invalid if construction is not commenced 

within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months 

or more, or if construction is not completed within a reasonable time. The Department may extend the 

18-month period upon a satisfactory showing that an extension is justified. This provision does not apply 

to the time period between construction of the approved phases of a phased construction project; each 

phase must commence construction within 18 months of the projected and approved commencement date. 

 2. Special Permit Conditions 

 As the Department finds appropriate, permits shall include special permit conditions such as, but 

not limited to, production limits, operational limits, source performance testing, operation and 

maintenance requirements, notification requirements, recordkeeping requirements, reporting 

requirements, and other monitoring as required. 

 a. When special permit conditions contain production or operational limits, the 

permit shall have monitoring and/or recordkeeping requirements to verify a source's compliance with the 

limitations. 

 b. When special permit conditions require an add-on air pollution control device to 

be operated at a specified destruction and removal efficiency level, the permit shall have monitoring and 

recordkeeping requirements to determine the add-on air pollution control device's performance on a short 

term basis. 

 c. The time period over which a permit limitation on production or operation 

extends will be as short as possible. For the purpose of determining compliance, permit limitations will in 

general not exceed one month and shall not exceed an annual limit with a rolling monthly average or sum. 

 d. An owner or operator of stationary sources that desire or are required to conduct 

performance tests to verify emissions limitations shall ensure that source tests are conducted in 

accordance with the provisions of S.C. Regulation 61-62.1, Section IV, Source Tests. 

 e. An hourly emission limit shall be sufficient only if the permit condition(s) 

require the installation, calibration, maintenance, and operation of a continuous emission monitor (CEM) 

system, or any other monitoring approved by the Department. All monitoring data shall be defined and 

recorded for showing compliance with the emission limit(s). 

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 f. The limitations and requirements listed in the permit conditions shall be 

permanent, quantifiable, or otherwise enforceable as a practical matter. 

K. Exceptions 

 1. Upon request, the Department may alter operating permits, compliance schedules, or other 

restrictions on operation of a source provided that resulting ambient air concentration levels will not 

exceed any national or State ambient air quality standard. Factors to be considered by the Department 

may include, but are not limited to, technology, economics, national energy policy, and existing air 

quality. The request by the source must also show the following: 

 a. Good faith efforts have been made to comply with the State requirements; 

 b. The source is unable to comply with the State requirements because the 

necessary technology or other alternative methods of control are not reasonably available, or have not 

been available for a sufficient period of time; 

 c. Any available operating procedures, or control measures, reducing the impact of 

the source on ambient air concentrations, have been implemented; and, 

 d. The request is submitted in a timely manner. 

 2. The provisions of this paragraph shall not apply to mass emission limits which are 

imposed upon any source by the following requirements: 

 a. Federal New Source Performance Standards; 

 b. National Emission Standards for Hazardous Air Pollutants; 

 c. Federal or State Prevention of Significant Deterioration Regulations; or, 

 d. Non-attainment requirements. 

 3. Where a permanent increase in the visible emission limitation for a source is requested, 

the source must demonstrate that it will remain in compliance with the applicable particulate emission 

standard. 

 4. Any alternative compliance schedule shall provide for compliance with the applicable 

regulations as expeditiously as practicable, based on a plan submitted with the request for the alternative 

compliance schedule. 

 5. Any request under this section will be subjected to public notice and opportunity for a 

public hearing. Upon approval by the Board, the recommendations of this Department shall be sent to the 

Administrator of the Environmental Protection Agency, or his designated representative, for approval or 

disapproval. 

 6. Where alternative compliance schedule provisions are contained elsewhere in the air 

pollution control regulations, those provisions shall supersede the requirements in this section. 

L. Emergency Provisions 

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 1. An "emergency" means any situation arising from sudden and reasonably unforeseeable 

events beyond the control of the source, including acts of God, in which a situation requires immediate 

corrective action to restore normal operation, and that causes the source to exceed a technology-based 

emission limitation under the permit, due to unavoidable increases in emissions attributable to the 

emergency. An emergency shall not include noncompliance to the extent caused by improperly designed 

equipment, lack of preventative maintenance, careless or improper operation, or operator error. 

 2. An emergency constitutes an affirmative defense to an action brought for noncompliance 

with such technology-based emission limitations if the conditions in S.C. Regulation 61-62.1, Section II 

(L)(3) are met. 

 3. The affirmative defense of an emergency shall be demonstrated through properly signed, 

contemporaneous operating logs, and other relevant evidence that verify: 

 a. An emergency occurred, and the permittee can identify the cause(s) of the 

emergency; 

 b. The permitted source was at the time the emergency occurred being properly 

operated; 

 c. During the period of the emergency, the permittee took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; 

and 

 d. The permittee gave a verbal notification of the emergency to the Department 

within 24 hours of the time when emission limitations were exceeded, followed by a written report within 

thirty (30) days. The written report shall include as a minimum, the information required by S.C. 

Regulation 61-62.1, Section II (J)(1)(c)(i) through (viii). The written report shall contain a description of 

the emergency, any steps taken to mitigate emissions, and corrective actions taken. 

 4. In any enforcement action, the permittee seeking to establish the occurrence of an 

emergency has the burden of proof. 

 5. This provision is in addition to any emergency, or upset provision contained in any 

applicable requirement. 

M. Transfer of Ownership/Operation 

 Within thirty (30) days of the transfer of ownership/operation of a facility, the current permit 

holder and prospective new owner/operator shall submit to the Department a written request for transfer 

of the source operating or construction permits. The written request for transfer of the source operating or 

construction permit shall include any changes pertaining to the company name and mailing address; the 

facility name and mailing address (if different from that of the company); the name, mailing address, and 

telephone number of the owner or agent for the company; and any proposed changes to the permitted 

activities of the source. Transfer of the operating or construction permits will be effective upon written 

approval by the Department. 

N. Public Participation Procedures 

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 1. When determined to be appropriate by the Department (or specified by regulation) notice 

of permitting activity shall be provided to the public and other entities for their review and comment. 

Public notice shall be given by publication in a newspaper of general circulation in the area where the 

source is located, or by publication in the South Carolina State Register, and to persons on a mailing list 

developed by the Department, including those who request in writing to be on the list. The Department 

may use other means of public notice in addition to the above. 

 2. The notice shall identify the affected source; the name and address of the permittee; the 

name and address of the Department; the activities involved in the permit action; the emission change 

involved in any permit modification; the name, address, and telephone number of a person from whom 

interested persons may obtain additional information, including copies of the permit draft, the application, 

and all other materials available to the Department that are relevant to the permit decision, except for 

information entitled to confidential treatment (the contents of any proposed or draft permit shall not be 

treated as confidential information); a brief description of the comment procedures; and the time and 

place of any public hearing that may be held, including a statement of procedures to request a hearing 

(unless a hearing has already been scheduled). 

 3. The Department shall provide at least 30 days for public and EPA comment and shall 

give notice of any public hearing at least 30 days in advance of the hearing. The Department shall keep a 

record of the commenters and also of the issues raised during the public participation process. The 

Department shall consider, and provide a written response to all written comments received by mail and 

at the public hearing, within the time specified for the public notice, in making a final decision on the 

application. 

 4. A newly constructed or modified source issued a Federally enforceable final construction 

permit will not require an additional public comment period and/or hearing to obtain an operating permit, 

unless the source proposes a change in the original construction and/or operational plan, prior to 

commencing construction, which the Department determines would require an additional public comment 

period and/or hearing. 

 5. Any proposed new or modified stationary source required to undergo a public comment 

period shall not commence any construction until all public participation procedures of this section are 

completed, and the source has received an effective construction or operating permit from the 

Department. 

 6. Maintenance activities, repairs, and replacements which the Department determines to be 

routine for that source category shall not, by themselves, be required to undergo the public participation 

procedures of S.C. Regulation 61-62.1, Section II (N). 

SECTION III - EMISSIONS INVENTORY 

A. General 

Emissions inventory is a study or compilation of pollutant emissions. The purposes of emissions 

inventories are to locate air pollution sources, to define the type and size of sources, to define the type and 

amount of emissions from each source, to determine pollutant frequency and duration, to determine the 

relative contributions to air pollution from classes of sources and of individual sources, to provide a basis 

for air permit fees, and to determine the adequacy of regulations and standards. 

 The requirements of this Section notwithstanding, an emissions inventory may be required from 

any source at any time. 

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B. Applicability 

 The provisions of this Section shall apply to all stationary sources: 

 1. that include any point source defined as a major source according to 40 CFR Part 70; or, 

 2. that are located in a non-attainment area that exceed the specified thresholds. 

 

C. Emissions Inventory Reporting Requirements 

 1. Beginning with the effective date of this regulation, these sources will submit an 

emissions inventory in a frequency specified by Table 1 by March 31st for the previous calendar year. 

 a. Type A Sources - Title V sources with potential annual emissions greater than or 

equal to any of the emission thresholds listed for Type A Sources in Table 1 of this Section. Beginning 

with the effective date of this regulation, these sources will submit an emissions inventory by March 31 of 

every year for the previous calendar year. Beginning on March 31, 2012 (with 2011 calendar year data) 

these sources will submit TAP and HAP data with their annual emissions inventory every third year for 

the previous calendar year.

 b. Type B Sources - Title V sources with potential annual emissions during any 

year of the three year cycle greater than or equal to any of the emission thresholds listed for Type B 

Sources in Table 1 of this Section. Beginning on March, 31 2012 (with calendar year 2011 data), these 

sources will submit emissions inventories every 3 years for the previous calendar year. 

 c. NAA Sources - Sources located in a non-attainment area with actual annual 

emissions during any year of the three year cycle greater than or equal to any of the emission thresholds 

listed for NAA Sources in Table 1 of this Section. Beginning on March 31, 2012 (with calendar year 2011 

data), these sources that are not also Type A Sources will submit emissions inventories every 3 years for 

the previous calendar year. 

Table 1 - Minimum Point Source Reporting Thresholds by Pollutant (tpy potential to emit1

) 

Annual cycle Three-year cycle 

Pollutant Type A Sources2 Type B Sources2 NAA3 Sources 

SOx ≥2500 ≥100 ≥100 

≥100 (moderate O3 NAA ) 

≥50 (serious O3 NAA) 

≥25 (severe O3 NAA) VOC ≥250 ≥100 

≥10 (extreme O3 NAA) 

NOX ≥2500 ≥100 ≥100 (all O3 NAA) 

CO ≥100 (all O3 NAA) ≥2500 ≥1000 

≥100 (all CO NAA) 

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Pb ≥5 ≥5 

PM10 ≥100 (moderate PM10 NAA) ≥250 ≥100 

≥70 (serious PM10 NAA) 

PM2.5 ≥250 ≥100 ≥100 

NH3 ≥250 ≥100 ≥100 

≥10 Single HAP HAP4

≥25 Combined HAPs 

1

 tons per year (tpy) potential to emit means the maximum capacity of a stationary source to emit any air 

pollutant under its physical and operational design. Any physical or operational limitation on the 

capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on 

hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated 

as part of its design if the limitation is enforceable by the Federal Administrator and included in the 

sources permit prior to the end of the reporting year. 

2

 Type A Sources are a subset of the Type B Sources and are the larger emitting sources by pollutant. 

3

 NAA = Non-Attainment Area. Special point source reporting thresholds apply for certain pollutants by 

type of non-attainment area. The pollutants by non-attainment area are: 

 Ozone: VOC, NOX, CO; 

 Carbon Monoxide: CO; 

 Particulate matter less than 10 microns: PM10. 4

 Hazardous Air Pollutant. 

 2. Other Requirements 

 a. Unless otherwise indicated, all emissions inventories shall be submitted to the 

Department by March 31 following the year of inventory. All applicable information will be recorded on 

the current format for reporting emissions data as provided by the Department. 

 b. All newly permitted and constructed Title V sources and/or NAA Sources will 

complete and submit to the Department initial emissions inventories including the partial year when 

operation first began and the first full calendar year of operation. These sources shall then submit future 

emissions inventories on the schedule as described in Table 1 of this Section. 

 c. Any existing sources that are newly identified as Title V sources and/or NAA 

Sources will complete and submit to the Department an emissions inventory for the previous calendar 

year within 90 days of learning of applicability. These sources shall then submit future emissions 

inventories on the schedule as described in Table 1 of this Section. 

 d. Submittal of emissions inventories outside of the schedules in this Section will be 

accepted and reviewed only if a modification has occurred that required issuance of an air quality permit 

since the last emissions inventory submittal by the source. This modification must alter the quantity or 

character of the sources emissions. These sources may submit a new emissions inventory following the 

first full calendar year of operation after the modification. These sources shall then submit future 

emissions inventories on the schedule described in Table 1 of this Section. 

 e. Information required in an emissions inventory submittal to the Department will 

include the following: 

 i. Information on fuel burning equipment; 

 ii. Types and quantities of fuel used; 

 iii. Fuel analysis; 

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 iv. Exhaust parameters; 

 v. Control equipment information; 

 vi. Raw process materials and quantities used; 

 vii. Design, normal, and actual process rates; 

 viii. Hours of operation; 

 ix. Significant emission generating points or processes as discussed on the 

current form for reporting emissions data as provided by the Department; 

 x. Any desired information listed in 40 CFR 51, Subpart A (December 17, 

2008) that is requested by the Department. 

 xi. Emissions data from all regulated pollutants. Beginning on March 1, 

2012 (with 2011 calendar year data) sources will submit TAP and HAP data with their annual emissions 

inventory every third year for the previous calendar year. 

 xii. Any additional information reasonably related to determining if 

emissions from an air source are causing standards of air quality to be exceeded. 

 f. A source may submit a written request to the Department for approval of an 

alternate method for estimating emissions outside of those methods prescribed by the Department. Such 

requests will be reviewed by the Department's emissions inventory staff on a case-by-case basis to 

determine if the alternate method better characterizes actual emissions for the reporting period than the 

Department's prescribed methods. 

 g. Emission estimates from insignificant activities listed on a source’s permit shall 

be required only in the initial emissions inventory submitted by the source. If emissions from these 

insignificant activities have not been included in a past emissions inventory submitted to the Department, 

the source shall include these emissions in their next required emissions inventory submittal. 

 h. Copies of all records and reports relating to emissions inventories as required in 

this Section shall be retained by the owner/operator at the source for a minimum of five years. 

SECTION IV - SOURCE TESTS. 

 

A. Applicability. 

 1. This Section shall apply to the owner or operator of any source which conducts: 

 a. a source test required under an applicable standard or permit condition; or 

pursuant to a judicial or administrative order, consent agreement, or any other such binding requirement 

entered into after the effective date of this standard, or 

 b. any other source test from which data will be submitted to the Department for 

any purpose including but not limited to: determination of applicability of regulatory requirements, 

development of emission factors, establishment of parameters for compliance assurance monitoring, 

continuous emission monitor performance specification testing, and Relative Accuracy Test Audits 

(RATA). 

 2. The Department may, on a case-by-case basis, exempt from the requirements of this 

Section source tests which are performed for development of emission factors or for determination of 

applicability of regulations. 

B. Submission and Approval of a Site-Specific Test Plan. 

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 1. Prior to conducting a source test subject to this Section, the owner or operator shall 

ensure that: 

 a. a written site-specific test plan including all of the information required in 

paragraph C below has been developed and submitted to the Department. If the Department has 

previously approved a site-specific test plan the owner or operator may submit a letter which references 

the approved plan and which includes a thorough description of amendments to the plan; and 

 b. written Department approval of the site-specific test plan, methods, and 

procedures has been received. 

 2. All test methods included in the site-specific test plan must be either EPA Reference 

Methods described in 40 CFR Part 51, Appendix M, or 40 CFR Part 60, Appendix A, or 40 CFR Part 61, 

Appendix B, or 40 CFR Part 63, Appendix A. If an applicable air regulation or permit provides for a 

choice of test methods, the selected method must be approved by the Department. If an applicable air 

regulation or permit does not specify use of an EPA standard reference method, the alternative test 

method to be used must be approved by the Department. 

 3. a. The owner or operator of a source proposing to use alternative source test 

methods shall ensure that the alternative source test method is either validated according to EPA 

Reference Method 301 (40 CFR Part 63, Appendix A, December 29, 1992), and any subsequent 

amendments or editions, or approved by the Department. 

 b. The owner or operator shall ensure that requests for approval of alternative 

source test methods are submitted to the Department along with the site-specific test plan, and that the 

submission contains all of the information required by paragraph C below. 

 4. The Department shall determine whether any source test method proposed in the sitespecific test plan is appropriate for use. 

 5. a. The owner or operator shall submit site-specific test plans or a letter which 

amends a previously approved test plan at least 45 days prior to the proposed test date. Sources 

conducting tests for substances listed in Regulation 61-62.5, Standard No. 8, shall submit site-specific test 

plans or a letter which amends a previously approved test plan at least 60 days prior to the proposed test 

date. 

 b. If the only amendments to a previously approved test plan are to facility 

information included in paragraph C.1 below, the requirement in B.5.a will not apply. The owner or 

operator, however, shall submit the amendments at least two weeks prior to the proposed test date. 

 6. Within 30 days of site-specific test plan receipt, the Department will notify the owner or 

operator of site-specific test plan approval or denial or will request additional information. 

 7. The owner or operator shall submit any additional information requested by the 

Department necessary to facilitate the review of the site-specific test plan. 

 8. Approval of a site-specific test plan for which an owner or operator fails to submit any 

additional requested information will be denied. 

 9. Neither the submission of a site-specific test plan, nor the Department’s approval or 

disapproval of a plan, nor the Department’s failure to approve or disapprove a plan in a timely manner 

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shall relieve an owner or operator of legal responsibility to comply with any applicable provisions of this 

Section or with any other applicable Federal, State, or local requirement, or prevent the Department from 

enforcing this Section. 

C. Requirements for a Site-Specific Test Plan. 

 A site-specific test plan shall include, at a minimum, the following: 

 1. Facility Information: 

 a. Facility name, address, and telephone number, and name of facility contact. 

 b. Facility permit number and source identification number. 

 c. Name, address, and telephone number of the company contracted to perform the 

source test. 

 d. Name, address, and telephone number of the laboratory contracted to perform the 

analytical analysis of the source test samples. 

 2. Test Objectives: 

 a. Description and overall purpose of the tests (for example, to demonstrate 

compliance, to establish emission factors, etc.). 

 b. Citation of any applicable State or Federal regulation or permit condition 

requiring the tests. 

 3. Process Descriptions: 

 a. Description of the process including a description of each phase of batch or 

cyclic processes, and the time required to complete each phase. 

 b. Process design rates and normal operating rates. 

 c. Proposed operating rate and conditions for the source test. 

 d. Methods including proposed calculations, equations, and other related 

information that will be used to demonstrate and verify the operating rate during the source test. 

 e. Description of any air pollution control equipment. 

 f. Description of any stack gas or opacity monitoring systems. 

 g. Description of all air pollution control monitors (for example, pressure gauges, 

flow indicators, cleaning cycle timers, electrostatic precipitator voltage meters, etc.) when applicable. 

 h. A list of process and air pollution control operating parameters that will be 

recorded during the tests, the responsible party who will record these readings, and the frequency at which 

readings will be recorded. 

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 4. Safety Considerations: 

 a. Identification of any risks associated with sampling location and accessibility, 

toxic releases, electrical hazards, or any other unsafe conditions, and a plan of action to correct or abate 

these hazards. 

 b. List of all necessary or required safety equipment including respirators, safety 

glasses, hard hats, safety shoes, hearing protection, and other protective equipment. 

 5. Sampling and Analytical Procedures: 

 a. Description of sampling methods to be used. 

 b. Description of analytical methods to be used. 

 c. Number of tests to be conducted. 

 d. Number of runs comprising a test. 

 e. Duration of each test run. 

 f. Description of minimum sampling volumes for each test run. 

 g. Location where samples will be recovered. 

 h. Explanation of how blank and recovery check results and analytical non-detects 

will be used in final emission calculations. 

 i. Maximum amount of time a sample will be held after collection prior to analysis. 

 j. Method of storing and transporting samples. 

 6. Sampling Locations and Documentation: 

 a. Schematics of sampling sites (include stack dimensions and distances upstream 

and downstream from disturbances). 

 b. A description of all emission points, including fugitive emissions, associated with 

the process to be tested, and when applicable, the method that will be used to measure or include these 

emissions during the source test. 

 c. Procedure for verifying absence of cyclonic or non-parallel stack gas flow. 

 7. Internal Quality Assurance/Quality Control (QA/QC) Measures. For each proposed test 

method when applicable: 

 a. Citation of the QA/QC procedures specified in the EPA Reference Methods and 

the EPA Quality Assurance Handbook for Air Pollution Measurement Systems, Volume III. 

 b. Chain-of-custody procedures and copies of chain-of-custody forms. 

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 c. Procedure for conditioning particulate matter filters (before and after source 

testing). 

 d. Procedure for conducting leak checks on vacuum lines, pitot tubes, flexible bags, 

orsats, etc. 

 e. Equipment calibration frequencies, ranges, and acceptable limits. 

 f. Minimum detection limits of analytical instrumentation. 

 g. Names, addresses and responsible persons of all sub-contracting laboratories and 

a description of analytical methods to be used, chain-of-custody procedures and QA/QC measures. 

 h. QA/QC measures associated with the collection and analysis of process or raw 

material samples and the frequency at which these samples will be collected. 

 i. Methods for interference and matrix effects checks, and number of replicate 

analyses. 

 j. Methods and concentrations for internal standards (standards additions prior to 

extraction). 

 k. Methods and concentrations for surrogate standards (standards additions to 

collection media prior to sampling). 

 l. Methods for recovery checks, field blanks, lab blanks, reagent blanks, proof rinse 

blanks, and analytical blanks. 

 m. Proposed range of recoveries for data acceptability and method of data 

interpretation if sample recovery is not within the proposed range. 

 8. Final Test Report Content: 

 a. Final report outline. 

 b. Example calculations when using alternative test methods or for calculation of 

process operating rates. 

 c. Proposed report submission date if more than 30 days after the source test will be 

needed to complete the report. 

D. Notification and Conduct of Source Tests. 

 1. Prior to conducting a source test subject to this Section, the owner or operator shall 

ensure that written notification is submitted to the Department at least two weeks prior to the test date. 

Submission of a site-specific test plan or amendments to a previously approved test plan does not 

constitute notification. 

 2. In the event the owner or operator is unable to conduct the source test on the date 

specified in the notification, the owner or operator shall notify the Department as soon as practical by 

telephone and follow up in writing within 30 days. Telephone notification shall include a description of 

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the circumstance(s) causing the cancellation of the test, and a projected retest date. The written follow-up 

report shall include a description of the condition(s) which prevented the source test from being 

conducted, and when applicable, what corrective action was performed, or what equipment repairs were 

required. 

 3. Rescheduling of canceled source tests must meet the two-week notice requirement. 

However, shorter notification periods may be allowed subject to Department approval. 

 4. All tests shall be made by, or under the direction of, a person qualified by training and/or 

experience in the field of air pollution testing. 

 5. Unless approved otherwise by the Department, the owner or operator shall ensure that 

source tests are conducted while the source is operating at the maximum expected production rate or other 

production rate or operating parameter which would result in the highest emissions for the pollutants 

being tested. Examples of the operating parameters that may effect emission rates are: type and 

composition of raw materials and fuels, isolation of control equipment modules, product types and 

dimensions, thermal oxidizer combustion temperature, atypical control equipment settings, etc. Some 

sources may have to spike fuels or raw materials to avoid being permitted at a more restrictive feed or 

process rate. Any source test performed at a production rate less than the rated capacity may result in 

permit limits on emission rates, including limits on production if necessary. 

 6. When conducting a source test subject to this Section, the owner or operator of a source 

shall provide the following: 

 a. Department access to the facility to observe source tests. 

 b. Sampling ports adequate for test methods. 

 c. Safe sampling site(s). 

 d. Safe access to sampling site(s). 

 e. Utilities for sampling and testing equipment. 

 f. Equipment and supplies necessary for safe testing of a source. 

E. Source Test Method Audit Program. 

 1. The Department may request that samples collected during any source tests be split with 

the Department for analysis by an independent or Department laboratory. Any request for split samples 

will be made in advance of the source test. 

 2. The owner or operator shall analyze performance audit samples provided by the 

Department. If the Department does not provide performance audit samples to the owner or operator, the 

Department thereby waives the requirement to conduct a performance audit. 

 3. A waiver of performance audit requirements to conduct a performance audit for a 

particular source test under E.2 above does not constitute a waiver of performance audit requirements for 

future source tests. 

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 4. The Department shall have discretion to require any subsequent remedial actions of the 

owner or operator based on the split samples and/or performance audit results. 

F. Final Source Test Report. 

 1. The owner or operator of a source subject to this Section shall submit a written report of 

the final source test results to the Department by the close of business on the 30th day following the 

completion of the test, unless an alternative date has been requested in and approved with the site-specific 

test plan prior to testing or is otherwise specified in a relevant Federal or State standard. 

 2. The final test report for each site-specific test plan shall contain, at a minimum, the 

following supporting information when applicable: 

 a. Summary of the results. 

 b. Emission calculations and emission rates in units of the applicable standard, 

permit limit, etc. 

 c. Allowable emission rates in units of the applicable standard, permit limit, etc. 

 d. Source compliance status. 

 e. Process operating rates. 

 f. Methods including actual calculations, equations, and other related information 

that were used to demonstrate and verify the operating rate during the source test. 

 g. Chain of custody records. 

 h. Certification of all reference standards used. 

 i. Signature of a responsible facility representative who can verify process 

operating rates and parameters. 

 j. Legible copies of all raw laboratory data (for example, filter tare and final 

weights, titrations, chromatograms, spectrograms, analyzer measurements, etc.). 

 k. Legible copies of all raw field data (for example, strip charts, field data forms, 

field calibration forms, etc.). 

 l. Legible copies of applicable stack gas or opacity monitoring system readings 

identified in the approved site-specific test plan. 

 m. Legible copies of all applicable process and air pollution control operating 

parameter readings identified in the approved site-specific test plan. 

 n. Results of all calibrations and QA/QC measures and checks identified in the 

approved site-specific test plan. 

 o. Results of performance audits pursuant to paragraph E. 

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 p. Description of any deviations from the proposed process operations as approved 

in the site-specific test plan during testing. 

 q. Description of any deviations from approved sampling methods/procedures. 

 r. Description of any deviations from approved analytical procedures. 

 s. Description of any problems encountered during sampling and analysis, and 

explanation of how each was resolved. 

 

G. Non-Compliant Results. 

 Within fifteen days of submission of a test report indicating non-compliance, the owner or 

operator shall submit to the Department a written plan which includes at a minimum: 

 

 1. interim actions being taken to minimize emissions pending demonstration of compliance; 

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 2. corrective actions that have been taken or that are proposed to return the source 

to compliance; 

 3. method that will be used to demonstrate the source has returned to compliance 

(for example, retest and proposed date); 

 4. any changes necessary to update the site-specific test plan prior to a retest. 

H. Analytical Observation. Upon request by the Department, the owner or operator or the 

source test consultant shall ensure that Department representatives are provided access to the 

analytical laboratory for observation of instrument calibrations and analysis of field and audit 

samples. 

I. Site Inspection. Upon request by the Department and prior to approval of the site-specific 

test plan, the owner or operator shall ensure Department representatives are provided access to 

the site for inspection of the source(s) to be tested. 

J. Modifications. Modifications to the approved site-specific test plan must have prior 

Department approval. Approval shall be considered on a case-by-case basis. Failure to obtain 

prior Department approval may cause final test results to be unacceptable. 

SECTION V - CREDIBLE EVIDENCE 

A. The Department promulgated Regulation 61-62, Air Pollution Control Regulations and 

Standards, and developed the South Carolina Air Quality Implementation Plan to provide 

enforceable emission limitations, to establish an adequate enforcement program, to require owners 

or operators of stationary sources to monitor emissions, submit periodic reports of such emissions 

and maintain records as specified by various regulations and permits, and to evaluate reports and 

records for consistency with the applicable emission limitation or standard on a continuing basis 

over time. The monitoring data collected and records of operations would serve as the basis for a 

source to certify compliance, and could be used by the Department as direct evidence of an 

enforceable violation of the underlying emission limitation or standard. 

B. The purpose of this section is: 

 1. To clarify the statutory authority of Regulation 61-62, Air Pollution Control 

Regulations and Standards, and the South Carolina Air Quality Implementation Plan, whereby 

non-reference test data and various kinds of information already available and utilized for other 

purposes may be used to demonstrate compliance or noncompliance with emission standards. 

 2. To eliminate any potential ambiguity regarding language that has been interpreted 

to provide for exclusive reliance on reference test methods as the means of certifying compliance 

with various emission limits. 

 3. To curtail language that limits the types of testing or monitoring data that may be 

used for determining compliance and for establishing violations. 

C. The following is applicable in the determination of non-compliance by the Department or 

for compliance certification by the owners or operators of stationary sources. 

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 1. Enforcement - Consistent with South Carolina’s Environmental Audit Privilege 

and Voluntary Disclosure Act, codified as S.C. Code Ann. Sections 48-57-10 et seq. (Supp. 

2000), and notwithstanding any other provision in the South Carolina Air Quality Implementation 

Plan, any credible evidence or information relevant to whether a source would have been in 

compliance with applicable requirements if the appropriate performance or compliance test had 

been performed, can be used to establish whether or not a person has violated or is in violation of 

any standard in the plan. 

 2. Compliance Certifications - Consistent with South Carolina’s Environmental 

Audit Privilege and Voluntary Disclosure Act, codified as S.C. Code Ann. Sections 48-57-10 et 

seq. (Supp. 2000), and notwithstanding any other provision in the South Carolina Air Quality 

Implementation Plan, the owner or operator may use any credible evidence or information 

relevant to whether a source would have been in compliance with applicable requirements if the 

appropriate performance or compliance test had been performed, for the purpose of submitting 

compliance certifications. 

R. 61-62.1 History - South Carolina State Register: 

Vol. 7, Issue No. 2, (Doc. No. ?), February 25, 1983; 

 Vol. 7, Issue No. 6, (Doc. No. 314), June 24, 1983; 

 Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; 

 Vol. 10, Issue No. 5, (Doc. No. ?), May 23, 1986; 

 Vol. 12, Issue No. 2, (Doc. No. 769), February 26, 1988; 

 Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 1988; 

 Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; 

 Vol. 13, Issue No. 3, (Doc. No. 1053), March 24, 1989; 

 Vol. 14, Issue No. 6, (Doc. No. 1067), June 22, 1990; 

 Vol. 14, Issue No. 9, (Doc. No. 1267), August 24, 1990; 

 Vol. 14, Issue No. 9, (Doc. No. 1310), August 24, 1990; 

 Vol. 16, Issue No. 6, (Doc. No. 1507), June 26, 1992; 

 Vol. 19, Issue No. 6, (Doc. No. 1798), June 23, 1995; 

 Vol. 20, Issue No. 1, (Doc. No. 1913), January 26, 1996; 

 Vol. 22, Issue No. 6, (Doc. No. 2244), June 26, 1998; 

 Vol. 22, Issue No. 8, (Doc. No. 2328), August 28, 1998; 

 Vol. 23, Issue No. 6, (Doc. No. 2352), June 25, 1999; 

 Vol. 24, Issue No. 5, (Doc. No. 2444), May 26, 2000; 

 Vol. 25, Issue No. 7, (Doc. No. 2622), July 27, 2001; 

 Vol. 25, Issue No. 10, (Doc. No. 2648), October 26, 2001; 

 Vol. 26, Issue No. 8, (Doc. No. 2736), August 23, 2002; 

 Vol. 27, Issue No. 6, (Doc. No. 2840), June 27, 2003; 

 Vol. 29, Issue No. 2, (Doc. No. 2840), February 25, 2005; 

 Vol. 29, Issue No. 6, (Doc. No. 2943), June 24, 2005; 

 Vol. 29, Issue No. 8, (Doc. No. 2980), August 26, 2005; 

 Vol. 31, Issue No. 5, (Doc. No. 3069), May 25, 2007; 

 Vol. 32, Issue No. 10, (Doc. No. 3224), October 24, 2008; 

 Vol. 34, Issue No. 5, (Doc. No. 4085), May 28, 2010; 

 Vol. 34, Issue No. 11, (Doc. No. 4131), November 26, 2010. 

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