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Strikeout – Indicates Matter Stricken

Highlight – Indicates Matter AddedSOUTH 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 wh en used in the Regulations and Standards shall, for the purpose of these regulations, have the meanings respec tively 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 (SO 3 ) 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 de stroying 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 standa rd 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 th e 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 li ving 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 corpu scles, and other derived licensed products, such as

interferon, etc.

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, periton eal 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 fo rmed 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; how ever, 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 sha ll 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 dischargi ng 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 stoppi ng 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 Wast e 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 li mbs (whole or chipped). Clean wood does not include yard waste, which is defined elsewhere in this Sec tion, or construction, reno vation, 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 t ype not meeting these limits are considered municipal waste combustors.

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

maintenance activities at commercial establishments.

18. Commissioner - Commissioner means the Co mmissioner 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 define d 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 emissi ons 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 clearin g or excavation followed by placement of footings, pilings, and other materials of cons truction, 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 Depart ment of Health and Environmental Control.

24. Dioxins/furans - the combined emissions of tetra- through octa-chlorinated dibenzoparadioxins and dibenzofurans, as m easured 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 underregulations 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 substa nce to the products of combustion.

29. Fugitive Dust - A type of particulate em ission that becomes airborne by forces of wind, man’s activity or both, including but not limited to, c onstruction 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 r esulting 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 promulgate d 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 furn ace 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 incine rator whose primary function is to combust hazardous waste, except for devices which have quali fied for exemption as provided in Sections 264.340(b) or 265.340(b) of Sout h 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 providin g nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision.

37. Hospital/medical/infectious waste incinera tor 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 hos pital, except unused items returned to the manufacturer. The definition of hospital waste does no t 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, removi ng 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 whic h does not meet the criteria nor classification as a

boiler nor is listed as an industrial furnace.

40. Industrial Boiler - A boiler that produces stea m, 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 flam e 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 furnacesg. Smelting, melting and refining furn aces (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 utili zed 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 sour ce 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 co oking chemicals through a recovery process is also considered part of the kraft pulp mill.

45. Major Plant - Except as otherwise provided, th is term refers to any plant which directly emits, or has the potential to emit, one hundred tons pe r year or more of any regulated air pollutant.46. Malfunction - any sudden, infrequent, and not reasona bly 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 sh all operate within established parame ters as much as possible, and monitoring of all applicable operating parameters sh all 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 ge nerated 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 incinerati on of medical/infectious waste, on ce the incineration process has been completed; human corpses, remains, and anatomical pa rts 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 u sed 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 eith er 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, bloo d 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 bi ologicals 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 fo llowing unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades.

49. Multiple-Chamber Incinerator - An incinera tor consisting of at least two refractory lined combustion chambers (primary and secondary) in ser ies, physically separated by refractory walls, interconnected by gas p assage 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, a nd other similar permanent or temporary housing

establishments or facilities. Commercial/retail wast e includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activiti es at industrial facilities, and other similar

establishments or facilities. Institutional waste include s material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other sim ilar establishments or facilities. Household, commercial/retail, and institutional wastes include:

a. Yard waste;

b. Refuse-derived fuel; and

c. Motor vehicle maintenance material s limited to vehicle batteries and tires.

Household, commercial/retail, and institutiona l waste (MSW) does not include used oil; sewage sludge; wood pallets; constr uction, renovation, and demolition wastes (which includes but is not limited to railroad ties and telephone poles); clean wood; indu strial 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 recove ry), modular incinerators (starved-air or excess-air), boilers (i.e., steam generating units) and furnaces (wheth er 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 unit s

. 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 lim ited 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:i. The combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no h eat 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, whic h 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-pr oducing 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. PM 10 - Particulate matter with an aerodynamic diam eter less than or equal to a nominal 10 micrometers as measured by a reference method ba sed on Appendix J of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent meth od designated in accordance with 40 CFR 53, July 1,

1987.

58. PM 10 Emissions - Finely divided solid or liqui d material with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitt ed to the ambient air as measured by a reference method approved by the Department, with concurren ce 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. Regul ation 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 refe rence method described in 40 CFR 60, July 1, 1987, or an equivalent or alte rnative method approved by the Department, with the concurrence of the U. S. Environmental Protection Agency.

62. Pathological waste - waste material cons isting 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 st ationary 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 (inc idental contaminants may be included in the feed materials) and they are processed into a chemical pl ant 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 pr ocessed 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 cont rol equipment and restrictions on hours of operation or on the type or amount of material combusted, stor ed, 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 stead y-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.71. Refuse-derived Fuel - A type of munici pal 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 th rough densified refuse-deri ved fuel and pelletized

refuse-derived fuel.

72. Retail Business Type Incinerator - An incine rator 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 bus iness, trade, or industry engaged in whole or in part in salvaging or reclaiming any product or mate rial including, but not limited to, metals, chemicals, shipping containers, drums or automobiles.

75. Secondary Emissions - Emissions which w ould 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 specif ic, well defined, quantifiable, and shall impact the same general area as the plant or modificati on 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 th e 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 industri al waste water treatment plants or each incinerator that charges more than 2205 lb/day (dry weight b asis) 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 pe rson 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 open ing arranged to conduct an effluent into the open air.

81. Stack Height - The vertical distance measur ed 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 25 o Centigrade.

83. Stationary Source - Any building, structure, installation or process which emits or may emit an air pollutant subject to regulation by any nati onal 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 modi fication, 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) - Pa rticulate matter as measured by the method described in Appendix B, 40 CFR 50, July 1, 1987.

89. Trade Waste - All solid, liquid or gaseous ma terial or rubbish resulting from construction, building operations, or the prosecution of any busines s, 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 th at 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 fro m 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 suitabl e 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 - 100 o F (37.8 o C) minimum

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

waste.** Used oil containing more than 100 0 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 g aseous commercial fuel. Also, clean wood or bark that has not been processed other than for size reduc tion 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 m easured 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; (CF 3 ) 2 CFCF 2 OC 2 H 5 (2-(ethoxydifluoromethyl)-(1,1 ,1,2,3,3,3-heptafluoropropane); ((CF 3 ) 2 CFCF 2 OCH 3 ,) (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);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-C 3 F 7 OCH 3 ); HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane) or (C 4 F 9 OCH 3 ); HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane) or (C 4 F 9 OC 2 H 5 ); 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 (HCOOCH 3 ); 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 un saturations and with sulfur bonds only to

carbon and fluorine. propylene carbonate; and volatile methyl siloxanes (cyclic, branched, or li near completely methylated siloxanes) (VMS).

These compounds have been determined to have ne gligible 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 requirem ents 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 soli d 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.b. Type 1 - Rubbish, a mixture of combustible waste such as paper, cardboard cartons, wood scrap, foliage and combustible floor sw eepings, 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 co mmon 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 anim al 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, ab attoirs, 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 ope rations. 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 sha ll 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, bus hes, shrubs, and clippings from bushes and shrubs that are generated by residential, commercial/ret ail, 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 w astes, which are exempt from the definition of municipal solid waste in this Section. Yard waste doe s 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 Stat e or Federal requirements nor special permit conditions, unless this regulation would im pose 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 contaminan ts, 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 pr oceed with minor alterations or additions without issuance of a construction permit when the De partment determines that the alteration or addition will not increase the quantity and will not alte r 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 em it, sources not subject to regulations with more stringent start of construction lim itations, or sources not otherwise exempt from permit requirements, may undertake the following on-site activities pr ior 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/in stallation of piping, electrical service,

and instrumentation.

In the event that the source does not qualify for issuance of a constructi on 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 afte r such date, and written notification of the actual date of initial startup of each new or altered sour ce, postmarked within 15 days after such date.

4. The owner or operator shall comply with all terms, conditions, a nd 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 peri od of 18 months or more, or if construction is not completed within a reasonable ti me. The Department may extend the 18-month period upon a satisfactory showing that an extension is jus tified. This provision does not apply to the time period between construction of th e approved phases of a phased cons truction project; each phase must

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

B. Exemptions From the Requirement to Obtain a Construction Permit1. No construction permits shall be required for the sour ces listed in Section II (B)(1)(a) through (c) which burn virgin fuel and which were c onstructed 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 ma y trigger the requirement to obtain a construction permit.

a. Natural gas boilers.

b. Oil-fired boilers of 50 x 10 6 BTU/HR rated input capacity or smaller.

c. Coal-fired boilers of 20 x 10 6 BTU/HR rated input capacity or smaller.

2. No construction permits shall be required for the sour ces listed in Section II (B)(2)(a) through (h), unless otherwise specified by S.C. Re gulation 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) throug h (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 10 6 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 10 6 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 emi ssion 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 s ubsequent construction or operating pe rmit review to ensure that there is no cause or contribution to an exceedance of any am bient 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 s ources listed in Section II (B)(2)(a) through (g),

and other sources that have been determined to have total uncontrolled emissions less than the thresholdsin 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 requi rement to obtain a construction permit will be maintained by the Department a nd 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 cas e-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 exempti on 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 ex emptions, 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 comp ly with any other applicable requirements.

C. Construction Permit Applications

1. Construction permit applica tions shall be reviewed and signed by a professional engineer registered to practice in the State of South Caro lina (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 requirem ent that the construction permit applications be reviewed and signed by a registered professional e ngineer 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 po unds/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 10 6 BTU/hr input capacity or smaller which burn natural gas or virgin oil as fuel.3. Construction permit applications shall pr ovide 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 a nd final products. The process flow diagram/production process layout must identify all equipment, machin es, and process steps or product lines within the production process, all product streams, all exhaust streams (emission poin ts) 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 cr iteria 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 a pplication. Emission calculations must be based on proper documentation that supports the basis of the em ission rates such as stack test data, AP-42 emission factors, material balance, and/or engineering estimat es. 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 descr iption 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 rem oval efficiencies at expected contaminant loading levels, and the monitoring data co llection 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 hei ght 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 emis sion 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 gene ral construction permits applicable to similar sources for new construction projects or minor modifications to existing sources. General construction permits developed shall incorporate all requirements a pplicable 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 app lication to the Department with a request for coverage under the conditions and terms of a gene ral 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 simila r sources. The source shall be subject to enforcement action for operation without a va lid 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 requ est 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 unde r a Department issued general construction permit may submit a construction pe rmit 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 Provisionsa. 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 synthe tic minor construction permit shall submit a complete permit application package to the Depa rtment as prescribed by S.C. Regulation 61-62.1, Section II (E)(5).

c. Stationary sources requesting a synthe tic 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 th e reasons for the denial. The Department shall not accept a subsequent synthetic minor construction perm it 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 app lication 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 enforceab le construction permit cond itioned to constrain the operation of the source, along with a completed constr uction permit application package as prescribed by S.C. Regulation 61-62.1, Section II (E)(5). The c onstruction 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 writt en 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 ope rating 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 an y newly constructed or

modified source.

3. Synthetic Minor Cons truction Permit Conditions

a. Synthetic minor construction permits shall contain the sta ndard permit conditions listed in Section II (J)(1) and any special permit cond itions required to verify a source's compliance with the emissions limitations and operational requirements.

b. The limitations and requirements liste d as permit conditions shall be permanent, quantifiable, or otherwise enforceable as a practical matter.

c. All synthetic minor construction perm it conditions that constrain the operation of a source in an effort to limit potential to emit belo w major source threshold levels shall be Federallyenforceable. Unless otherwise agreed by the Departme nt and EPA, the Department shall provide to EPA on a timely basis a copy of each proposed (or draft) an d final permit intended to be Federally enforceable.

4. General Synthetic Mi nor 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 th e conditions and terms of a general synthetic minor construction permit for similar sour ces. 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 genera l 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 gene ral 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 op erational 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 a nd verify compliance with the requested Federally

enforceable limitations on a continuous basis. The a pplicant 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 cons truction 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. Anysource that is required to obtain an air quality c onstruction 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 resu lt of periodic observation during construction, the construction under application has been completed in accordance with the specifi cations 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 th e 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 perm it(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. Regul ation 61-62.70, or not yet covered by an effective Title V operating permit, the permittee shal l 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 st artup of each new or altered source.

G. Conditional Major Operating Permits

1. The requirements of Section II (G) shall a pply 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 pe rmit 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 em it below major source threshold levels, that is not required to obtain a Title V operating permit, sha ll 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.b. Stationary sources requesting a cond itional major operating permit shall submit a complete request for a new or revised operating perm it to the Department as required by S.C. Regulation 61-62.1, Section II (G)(6).

c. Stationary sources requesting an orig inal or renewed conditional major operating permit shall undergo the public par ticipation 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 pursu ant 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 pe rmit 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 co mplete 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 cond itional 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 ope rating 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 c onstruct, 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 pr ovide 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 e ffective permit to construct from the Department.

b. A written request to obtain a c onditional 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 additiona l 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 substantiv e changes to limitations are required. A satisfactory compliance inspection by a Department representativ e may precede the issuance of an operating permit for any newly constructed or modified source.

5. Conditional Major Operating Permit Conditionsa. Conditional major operating permits sh all contain the standa rd permit conditions listed in Section II (J)(1) and any special permit cond itions required to verify a source's compliance with the emissions limitations and operational requirements.

b. The limitations and requirements liste d 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 belo w 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 basi s 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 conditi onal 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 op erational 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 s ource 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 su ch 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 co nditional 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 ag reeing 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 la ter determined not to qua lify for the conditions and terms of the general conditi onal 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.c. The Department shall provide timely notice to the public of any authorization given to a facility to operate under the terms of a gene ral 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 ope rating 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. Fo r 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. Regula tion 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 De partment 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 l ast 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 descrip tions that have been removed or decommissioned. Any changes to exempted sources listed in current operating permit;

f. Any change to the facility's pla nned operating schedules or description of the facility's current and/or proposed processes, including th e 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;g. Any changes to current process flow diagram or production process layout shall be addressed, showing the flow of materials and intermediate and final produc ts. 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, a ll 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 emi ssion rates such as stack test data, AP-42 emission factors, material balance, and/or engineering estimat es. 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 dete rmination. If existing data supplied to the Bureau remains correct, identify documents referen ced to comply with this requirement;

i. If no longer accurate, a revised air dispersion modeling analysis or other information demonstrating that emissions from the fa cility 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), mi nimum anticipated height(s) above ground, maximum anticipated internal dimensions, discharge orienta tion(s), exhaust volume fl ow 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 necess ary 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 speci fy 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 w ill be developed only for specific stationary source groups with uncontrolled potential to emit less than the thr eshold 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. Regula tion 61-62.5, and Standard No. 7.1, Nonattainment New Source Review, and where equipment similarities a nd 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 c onstruction and operating permit as provided in Regulation 61-62.1, Section II (A) and (F). The Department shall gr ant the registration permit to sources certifyingqualification for and agreeing to the conditions and term s 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 em issions limitations and op erational requirements.

J. Permit Conditions

1. Standard Permit Conditions

All permits shall contain the fo llowing standard permit conditions.

a. No applicable law, regulati on or standard will be contravened.

b. All official correspondence, plans, pe rmit applications and written statements are an integral part of the permit.

c. For sources not required to have c ontinuous 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 applica tion shall be reported to the Department within twenty-four hours after the beginning of the occu rrence 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 em issions 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,viii. Documentation that the ai r 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 pe rmit, 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 w ith the terms of any approval to

construct, or who commences construction after the e ffective date of these regulations without applying for and receiving approval hereunder, sha ll 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 exte nsion is justified. This provision does not apply to the time period between construction of the a pproved 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 sh all include special permit conditions such as, but not limited to, production limits, operational lim its, source performance testing, operation and maintenance requirements, notification requirements, recordkeeping requirements, reporting requirements, and other monitoring as required.

a. When special permit conditions c ontain production or operational limits, the permit shall have monitoring and/or recordkeeping re quirements 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 e fficiency 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 pe rmit 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. Regul ation 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.K. Exceptions

1. Upon request, the Department may alter ope rating 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 concentrati ons, 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 Si gnificant Deterioration Regulations; or,

d. Non-attainment requirements.

3. Where a permanent increase in the visibl e 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 subj ected to public notice and opportunity for a public hearing. Upon approval by the Board, the recomme ndations 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 pr ovisions 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 ar ising 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-basedemission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncomp liance to the extent caused by improperly designed equipment, lack of preventative maintenance, car eless or improper operati on, or operator error.

2. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if th e conditions in S.C. Regu lation 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 ot her relevant evidence that verify:

a. An emergency occurred, and the pe rmittee can identify the cause(s) of the

emergency;

b. The permitted source was at the tim e 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 emissi on standards, or other re quirements in the permit;

and

d. The permittee gave a verbal notifica tion 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 (vi ii). 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/ope rator shall submit to the Departme nt a written request for transfer of the source operating or construction permits. The wr itten request for transfer of the source operating or construction permit shall include an y changes pertaining to the company name and mailing address; the facility name and mailing address (if different from th at of the company); the name, mailing address, and telephone number of the owner or agent for the co mpany; and any proposed changes to the permitted activities of the source. Transfer of the operating or construction permits w ill be effective upon written approval by the Department.

N. Public Participation Procedures

1. When determined to be appropriate by th e 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 ne wspaper 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 listdeveloped by the Department, including those who requ est 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 sour ce; the name and address of the permittee; the name and address of the Department; the activities i nvolved 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, in cluding 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 cont ents of any proposed or draft permit shall not be treated as confidential information); a brief descrip tion of the comment procedures; and the time and place of any public hearing that may be held, includ ing 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 ra ised 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 fo r 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 pe riod 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 dete rmines 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 pub lic participation procedures of this section are completed, and the source has received an eff ective construction or operating permit from the

Department.

6. Maintenance activities, repairs, and replace ments which the Department determines to be routine for that source category sha ll 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 po llutant 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 notwithstandi ng, an emissions inventory may be required from

any source at any time.

B. Applicability

The provisions of this Section sha ll 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 pot ential annual emissions greater than or equal to any of the emission thresholds listed for T ype 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. Beginni ng 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 w ith 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 Ma rch, 31 2012 (with calendar year 2011 data), these

sources will submit emissions inventories ever y 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 grea ter than or equal to any of the emission thresholds

listed for NAA Sources in Table 1 of this Section. Be ginning 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 Thres holds by Pollutant (tpy potential to emit 1 )

Annual cycle Three-year cycle

Pollutant Type A Sources 2 Type B Sources 2 NAA 3 Sources

SOx ≥ 2500 ≥ 100 ≥ 100

≥ 100 (moderate O 3 NAA )

≥ 50 (serious O 3 NAA)

≥ 25 (severe O 3 NAA) VOC ≥ 250 ≥ 100

≥ 10 (extreme O 3 NAA)

NO X ≥ 2500 ≥ 100 ≥ 100 (all O 3 NAA)

≥ 100 (all O 3 NAA) CO ≥ 2500 ≥ 1000 ≥ 100 (all CO NAA)

Pb ≥ 5 ≥ 5

≥ 100 (moderate PM 10 NAA) PM 10 ≥ 250 ≥ 100 ≥ 70 (serious PM 10 NAA)

PM 2.5 ≥ 250 ≥ 100 ≥ 100NH 3 ≥ 250 ≥ 100 ≥ 100

≥ 10 Single HAP HAP 4

≥ 25 Combined HAPs

1 tons per year (tpy) potential to emit means the ma ximum capacity of a stationary source to emit any air pollutant under its physical and operational desi gn. Any physical or operational limitation on the capacity of a source to emit an air pollutant, includi ng 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 enforceab le 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 re porting thresholds apply for certain pollutants by type of non-attainment area. The pollutants by non-attainment area are:

Ozone: VOC, NO X , CO; Carbon Monoxide: CO;

Particulate matter less than 10 microns: PM 10

. 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 construc ted Title V sources and/or NAA Sources will complete and submit to the Department initial emissi ons 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 applicabilit y. These sources shall then submit future emissions

inventories on the schedule as described in Table 1 of this Section.

d. Submittal of emissions inventories outsi de of the schedules in this Section will be accepted and reviewed only if a modification has occurre d that required issuance of an air quality permit since the last emissions inventory submittal by the so urce. 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 m odification. 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;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 da ta 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 inve ntory submitted by the source. If emissions from these insignificant activities have not been included in a p ast emissions inventory submitted to the Department,

the source shall include these emissions in thei r next required emissions inventory submittal.

h. Copies of all records and reports rela ting to emissions inventories as required in this Section shall be retained by the owner/opera tor at the source for a minimum of five years.

SECTION IV - SOURCE TESTS

.

A. Applicability.

1. This Section shall apply to the owne r or operator of any source which conducts:

a. a source test required under an app licable standard or permit condition; or pursuant to a judicial or administrative order, consen t 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: determinati on 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 b asis, exempt from the requirements of this Section source tests which are performed for developm ent 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:a. a written site-specific test plan in cluding all of the information required in paragraph C below has been deve loped and submitted to the Department. If the Department has previously approved a site-specific test plan the owner or operator may subm it a letter which references the approved plan and which includes a thorough description of amendments to the plan; and

b. written Department approval of th e site-specific test plan, methods, and procedures has been received.

2. All test methods included in the site-speci fic 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 al ong with the site-specific test plan, and that the

submission contains all of the inform ation 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 re quirement 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 an y additional information requested by the Department necessary to facilitate the re view 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.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 a nd 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 cal culations, equations, and other related

information that will be used to demonstrate a nd 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 co ntrol 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:a. Identification of any risks associat ed 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 pr otection, 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, in cluding fugitive emissions, associated with the process to be tested, and when applicable, the me thod 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 Cont rol (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 Po llution Measurement Sy stems, Volume III.

b. Chain-of-custody procedures and copies of chain-of-custody forms.

c. Procedure for conditioning particul ate 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 pers ons 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 intern al standards (standards additions prior to extraction).

k. Methods and concentrations for su rrogate 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 Depa rtment at least two weeks prior to the test date. Submission of a site-specific test plan or amendm ents 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. Te lephone notification shall include a description of the circumstance(s) causing the cancellation of the t est, and a projected retest date. The written follow-up report shall include a description of the condition( s) which prevented the source test from beingconducted, and when applicable, what corrective acti on 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 di rection of, a person qualified by training and/or experience in the field of air pollution testing.

5. Unless approved otherwise by the Departme nt, 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 paramete r 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 productio n 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 th is 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 pe rformance audit samples provided by the Department. If the Department does not provide perform ance audit samples to the owner or operator, the Department thereby waives the require ment to conduct a performance audit.

3. A waiver of performance audit require ments to conduct a performance audit for a particular source test under E.2 above does not constit ute a waiver of performance audit requirements for

future source tests.

4. The Department shall have discretion to re quire 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 b een requested in and approved with the site-specific test plan prior to testing or is otherwise speci fied 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 rat es 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, spectr ograms, analyzer measurements, etc.).

k. Legible copies of all raw field data (fo r 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 fro m 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 demonstr ation of compliance;2. corrective actions that have been taken or that are proposed to return the source to compliance;

3. method that will be used to demonstrat e 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 Depa rtment, the owner or operator or the source test consultant shall ensure that Department representa tives 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 prom ulgated 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 progr am, 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 pe rmits, and to evaluate reports and records for consistency with the applicable

emission limitation or standard on a continuing basis over time. The mon itoring 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 viol ation of the underlying emis sion 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 noncompl iance with emission standards.

2. To eliminate any potential ambiguity rega rding 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 determin ation 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) , andnotwithstanding any other provision in the South Carolina Air Quality Implementation Plan , any credible

evidence or information relevant to whether a sour ce would have been in compliance with applicable requirements if the appropriate performance or comp liance 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, codi fied 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 cr edible evidence or information relevant to whether a source would have been in compliance with applicable requirement s 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.

# Clean CopySOUTH 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 wh en used in the Regulations and Standards shall, for the purpose of these regulations, have the meanings respec tively 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 (SO 3 ) 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 de stroying 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 standa rd 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 th e 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 li ving 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 corpu scles, and other derived licensed products, such as interferon, etc.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, periton eal 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 fo rmed 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; how ever, 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 sha ll 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 dischargi ng 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 stoppi ng 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 Wast e 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 li mbs (whole or chipped). Clean wood does not include yard waste, which is defined elsewhere in this Sec tion, or construction, reno vation, 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 t ype not meeting these limits are considered municipal waste combustors.

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

maintenance activities at commercial establishments.

18. Commissioner - Commissioner means the Co mmissioner 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 define d 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 emissi ons 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 clearin g or excavation followed by placement of footings, pilings, and other materials of cons truction, 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 Depart ment of Health and Environmental Control.

24. Dioxins/furans - the combined emissions of tetra- through octa-chlorinated dibenzoparadioxins and dibenzofurans, as m easured 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 underregulations 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 substa nce to the products of combustion.

29. Fugitive Dust - A type of particulate em ission that becomes airborne by forces of wind, man’s activity or both, including but not limited to, c onstruction 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 r esulting 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 promulgate d 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 furn ace 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 incine rator whose primary function is to combust hazardous waste, except for devices which have quali fied for exemption as provided in Sections 264.340(b) or 265.340(b) of Sout h 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 providin g nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision.

37. Hospital/medical/infectious waste incinera tor 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 hos pital, except unused items returned to the manufacturer. The definition of hospital waste does no t 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, removi ng 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 whic h does not meet the criteria nor classification as a

boiler nor is listed as an industrial furnace.

40. Industrial Boiler - A boiler that produces stea m, 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 flam e devices to accomplish recovery of materials or

energy:

a. Cement kilns

b. Lime kilns

c. Aggregate kilns

d. Phosphate kilnse. Coke ovens

f. Blast furnaces

g. Smelting, melting and refining furn aces (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 utili zed 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 sour ce 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 co oking chemicals through a recovery process is also considered part of the kraft pulp mill.45. Major Plant - Except as otherwise provided, th is term refers to any plant which directly emits, or has the potential to emit, one hundred tons pe r year or more of any regulated air pollutant.

46. Malfunction - any sudden, infrequent, and not reasona bly 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 sh all operate within established parame ters as much as possible, and monitoring of all applicable operating parameters sh all 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 ge nerated 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 incinerati on of medical/infectious waste, on ce the incineration process has been completed; human corpses, remains, and anatomical pa rts 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 u sed 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 eith er 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, bloo d 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 bi ologicals 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 fo llowing unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades.

49. Multiple-Chamber Incinerator - An incinera tor consisting of at least two refractory lined combustion chambers (primary and secondary) in ser ies, physically separated by refractory walls, interconnected by gas p assage 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, a nd other similar permanent or temporary housing

establishments or facilities. Commercial/retail wast e includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activiti es at industrial facilities, and other similar

establishments or facilities. Institutional waste include s material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other sim ilar establishments or facilities. Household,

commercial/retail, and institutional wastes include:

a. Yard waste;

b. Refuse-derived fuel; and

c. Motor vehicle maintenance material s limited to vehicle batteries and tires.

Household, commercial/retail, and institutiona l waste (MSW) does not include used oil; sewage sludge; wood pallets; constr uction, renovation, and demolition wastes (which includes but is not limited to railroad ties and telephone poles); clean wood; indu strial 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 recove ry), modular incinerators (starved-air or excess-air), boilers (i.e., steam generating units) and furnaces (wheth er 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 unit s

. 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 lim ited 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:

i. The combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no h eat 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, whic h 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-pr oducing 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. PM 10 - Particulate matter with an aerodynamic diam eter less than or equal to a nominal 10 micrometers as measured by a reference method ba sed on Appendix J of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent meth od designated in accordance with 40 CFR 53, July 1,

1987.

58. PM 10 Emissions - Finely divided solid or liqui d material with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitt ed to the ambient air as measured by a reference method approved by the Department, with concurren ce 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. Regul ation 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 refe rence method described in 40 CFR 60, July 1, 1987, or an equivalent or alte rnative method approved by the Department, with the concurrence of the U. S. Environmental Protection Agency.62. Pathological waste - waste material cons isting 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 st ationary 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 (inc idental contaminants may be included in the feed materials) and they are processed into a chemical pl ant 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 pr ocessed 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 cont rol equipment and restrictions on hours of operation or on the type or amount of material combusted, stor ed, 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 stead y-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.

71. Refuse-derived Fuel - A type of munici pal 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 th rough densified refuse-deri ved fuel and pelletized

refuse-derived fuel.

72. Retail Business Type Incinerator - An incine rator 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 bus iness, trade, or industry engaged in whole or in part in salvaging or reclaiming any product or mate rial including, but not limited to, metals, chemicals, shipping containers, drums or automobiles.

75. Secondary Emissions - Emissions which w ould 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 specif ic, well defined, quantifiable, and shall impact the same general area as the plant or modificati on 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 th e 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 industri al waste water treatment plants or each incinerator that charges more than 2205 lb/day (dry weight b asis) 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 pe rson 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 open ing arranged to conduct an effluent into the open air.

81. Stack Height - The vertical distance measur ed 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 25 o Centigrade.

83. Stationary Source - Any building, structure, installation or process which emits or may emit an air pollutant subject to regulation by any nati onal 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 modi fication, 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) - Pa rticulate matter as measured by the method described in Appendix B, 40 CFR 50, July 1, 1987.

89. Trade Waste - All solid, liquid or gaseous ma terial or rubbish resulting from construction, building operations, or the prosecution of any busines s, 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 th at 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 fro m 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 suitabl e 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 - 100 o F (37.8 o C) minimum

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

waste.

** Used oil containing more than 100 0 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 g aseous commercial fuel. Also, clean wood or bark that has not been processed other than for size reduc tion excluding clean wood or bark burned in an air

curtain incinerator.

94. Volatile Organic Compound (VOC) - An y organic compound which participates in atmospheric photochemical reactions; or which is m easured 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; (CF 3 ) 2 CFCF 2 OC 2 H 5 (2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane); ((CF 3 ) 2 CFCF 2 OCH 3 ,) (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); 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-C 3 F 7 OCH 3 ); HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane) or (C 4 F 9 OCH 3 ); HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane) or (C 4 F 9 OC 2 H 5 ); 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 (HCOOCH 3 ); 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 unsatur ations and with sulfur bonds only to carbon and

fluorine; propylene carbonate; and volatile methyl siloxanes (cyclic, branched, or li near completely methylated siloxanes) (VMS).

These compounds have been determined to have ne gligible 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 requirem ents 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 soli d 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 mixturecontains 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 sw eepings, 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 co mmon 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 anim al 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, ab attoirs, 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 ope rations. 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 sha ll 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, bus hes, shrubs, and clippings from bushes and shrubs that are generated by residential, commercial/ret ail, 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 w astes, which are exempt from the definition of municipal solid waste in this Section. Yard waste doe s 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 Stat e or Federal requirements nor special permit conditions, unless this regulation would im pose 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 contaminan ts, 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 pr oceed with minor alterations or additions without issuance of a construction permit when the De partment determines that the alteration or addition will not increase the quantity and will not alte r 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 em it, sources not subject to regulations with more stringent start of construction lim itations, or sources not otherwise exempt from permit requirements, may undertake the following on-site activities pr ior 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/in stallation of piping, electrical service,

and instrumentation.

In the event that the source does not qualify for issuance of a constructi on 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 afte r such date, and written notification of the actual date of initial startup of each new or altered sour ce, postmarked within 15 days after such date.

4. The owner or operator shall comply with all terms, conditions, a nd 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 peri od of 18 months or more, or if construction is not completed within a reasonable ti me. The Department may extend the 18-month periodupon a satisfactory showing that an extension is jus tified. This provision does not apply to the time period between construction of th e approved phases of a phased cons truction project; each phase must

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

B. Exemptions From the Requirement to Obtain a Construction Permit

1. No construction permits shall be required for the sour ces listed in Section II (B)(1)(a) through (c) which burn virgin fuel and which were c onstructed 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 ma y trigger the requirement to obtain a construction permit.

a. Natural gas boilers.

b. Oil-fired boilers of 50 x 10 6 BTU/HR rated input capacity or smaller.

c. Coal-fired boilers of 20 x 10 6 BTU/HR rated input capacity or smaller.

2. No construction permits shall be required for the sour ces listed in Section II (B)(2)(a) through (h), unless otherwise specified by S.C. Re gulation 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) throug h (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 10 6 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 10 6 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 emi ssion 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 maybe required to be included in any s ubsequent construction or operating pe rmit review to ensure that there is no cause or contribution to an exceedance of any am bient 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 s ources 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 requi rement to obtain a construction permit will be maintained by the Department a nd 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 cas e-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 exempti on 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 ex emptions, 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 comp ly with any other applicable requirements.

C. Construction Permit Applications

1. Construction permit applica tions shall be reviewed and signed by a professional engineer registered to practice in the State of South Caro lina (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 requirem ent that the construction permit applications be reviewed and signed by a registered professional e ngineer 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 po unds/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 10 6 BTU/hr input capacity or smaller which burn natural gas or virgin oil as fuel.

3. Construction permit applications shall pr ovide 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 a nd final products. The process flow diagram/production process layout must identify all equipment, machin es, and process steps or product lines within the production process, all product streams, all exhaust streams (emission poin ts) 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 cr iteria 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 a pplication. Emission calculations must be based on proper documentation that supports the basis of the em ission rates such as stack test data, AP-42 emission factors, material balance, and/or engineering estimat es. 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 descr iption shall include, but not be limited to, themanufacturer specifications and ratings, the engineering design and operating characteristics, the projected capture, and destruction, control, or rem oval efficiencies at expected contaminant loading levels, and the monitoring data co llection 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 hei ght 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 emis sion 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 gene ral construction permits applicable to similar sources for new construction projects or minor modifications to existing sources. General construction permits developed shall incorporate all requirements a pplicable 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 app lication to the Department with a request for coverage under the conditions and terms of a gene ral 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 simila r sources. The source shall be subject to enforcement action for operation without a va lid 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 requ est 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 unde r a Department issued general construction permit may submit a construction pe rmit 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

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 synthe tic minor construction permit shall submit a complete permit application package to the Depa rtment as prescribed by S.C. Regulation 61-62.1, Section II (E)(5).

c. Stationary sources requesting a synthe tic 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 th e reasons for the denial. The Department shall not accept a subsequent synthetic minor construction perm it 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 app lication 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 enforceab le construction permit cond itioned to constrain the operation of the source, along with a completed constr uction permit application package as prescribed by S.C. Regulation 61-62.1, Section II (E)(5). The c onstruction 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 writt en 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 ope rating 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 an y newly constructed or

modified source.

3. Synthetic Minor Cons truction Permit Conditions

a. Synthetic minor construction permits shall contain the sta ndard permit conditions listed in Section II (J)(1) and any special permit cond itions required to verify a source's compliance with the emissions limitations and operational requirements.

b. The limitations and requirements liste d as permit conditions shall be permanent, quantifiable, or otherwise enforceable as a practical matter.c. All synthetic minor construction perm it conditions that constrain the operation of a source in an effort to limit potential to emit belo w major source threshold levels shall be Federally enforceable. Unless otherwise agreed by the Departme nt and EPA, the Department shall provide to EPA on a timely basis a copy of each proposed (or draft) an d final permit intended to be Federally enforceable.

4. General Synthetic Mi nor 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 th e conditions and terms of a general synthetic minor construction permit for similar sour ces. 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 genera l 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 gene ral 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 op erational 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 a nd verify compliance with the requested Federally

enforceable limitations on a continuous basis. The a pplicant 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 cons truction 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 Permits1. 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 c onstruction 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 resu lt of periodic observation during construction, the construction under application has been completed in accordance with the specifi cations 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 th e 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 perm it(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. Regul ation 61-62.70, or not yet covered by an effective Title V operating permit, the permittee shal l 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 st artup of each new or altered source.

G. Conditional Major Operating Permits

1. The requirements of Section II (G) shall a pply 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 pe rmit 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 em it below major source threshold levels, that is not required to obtain a Title V operating permit, sha ll 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.b. Stationary sources requesting a cond itional major operating permit shall submit a complete request for a new or revised operating perm it to the Department as required by S.C. Regulation 61-62.1, Section II (G)(6).

c. Stationary sources requesting an orig inal or renewed conditional major operating permit shall undergo the public par ticipation 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 pursu ant 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 pe rmit 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 co mplete 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 cond itional 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 ope rating 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 c onstruct, 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 pr ovide 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 e ffective permit to construct from the Department.

b. A written request to obtain a c onditional 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 additiona l 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 substantiv e changes to limitations are required. A satisfactory compliance inspection by a Department representativ e may precede the issuance of an operating permit for any newly constructed or modified source.

5. Conditional Major Operating Permit Conditionsa. Conditional major operating permits sh all contain the standa rd permit conditions listed in Section II (J)(1) and any special permit cond itions required to verify a source's compliance with the emissions limitations and operational requirements.

b. The limitations and requirements liste d 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 belo w 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 basi s 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 conditi onal 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 op erational 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 s ource 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 su ch 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 co nditional 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 ag reeing 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 la ter determined not to qua lify for the conditions and terms of the general conditi onal 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.

c. The Department shall provide timely notice to the public of any authorization given to a facility to operate under the terms of a gene ral 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 ope rating 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. Fo r 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. Regula tion 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 De partment 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 l ast 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 descrip tions that have been removed or decommissioned. Any changes to exempted sources listed in current operating permit;

f. Any change to the facility's pla nned operating schedules or description of the facility's current and/or proposed processes, including th e physical and chemical properties and feed rateof 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 produc ts. 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, a ll 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 emi ssion rates such as stack test data, AP-42 emission factors, material balance, and/or engineering estimat es. 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 dete rmination. If existing data supplied to the Bureau remains correct, identify documents referen ced to comply with this requirement;

i. If no longer accurate, a revised air dispersion modeling analysis or other information demonstrating that emissions from the fa cility 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), mi nimum anticipated height(s) above ground, maximum anticipated internal dimensions, discharge orienta tion(s), exhaust volume fl ow 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 necess ary 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 speci fy 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 w ill be developed only for specific stationary source groups with uncontrolled potential to emit less than the thr eshold 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. Regula tion 61-62.5, and Standard No. 7.1, Nonattainment New Source Review, and where equipment similarities a nd simplicity remove the need for in depth sitespecific review.

2. Application for Coverage Under a Registration Permita. A source that qualifies may elect to apply to the Department for coverage under a registration permit in lieu of a c onstruction and operating permit as provided in Regulation 61-62.1, Section II (A) and (F). The Department shall gr ant the registration permit to sources certifying qualification for and agreeing to the conditions and term s 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 em issions limitations and op erational requirements.

J. Permit Conditions

1. Standard Permit Conditions

All permits shall contain the fo llowing standard permit conditions.

a. No applicable law, regulati on or standard will be contravened.

b. All official correspondence, plans, pe rmit applications and written statements are an integral part of the permit.

c. For sources not required to have c ontinuous 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 applica tion shall be reported to the Department within twenty-four hours after the beginning of the occu rrence 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 em issions 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,

viii. Documentation that the ai r 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 pe rmit, 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 w ith the terms of any approval to construct, or who commences construction after the e ffective date of these regulations without applying for and receiving approval hereunder, sha ll 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 exte nsion is justified. This provision does not apply to the time period between construction of the a pproved 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 sh all include special permit conditions such as, but not limited to, production limits, operational lim its, source performance testing, operation and maintenance requirements, notification requirements, recordkeeping requirements, reporting requirements, and other monitoring as required.

a. When special permit conditions c ontain production or operational limits, the permit shall have monitoring and/or recordkeeping re quirements 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 e fficiency 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 pe rmit 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. Regul ation 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.

K. Exceptions

1. Upon request, the Department may alter ope rating 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 concentrati ons, 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 Si gnificant Deterioration Regulations; or,

d. Non-attainment requirements.

3. Where a permanent increase in the visibl e 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 subj ected to public notice and opportunity for a public hearing. Upon approval by the Board, the recomme ndations 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 pr ovisions are contained elsewhere in the air pollution control regulations, those provisions shall supersede the requirements in this section.

L. Emergency Provisions1. An "emergency" means any situation ar ising 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 noncomp liance to the extent caused by improperly designed equipment, lack of preventative maintenance, car eless or improper operati on, or operator error.

2. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if th e conditions in S.C. Regu lation 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 ot her relevant evidence that verify:

a. An emergency occurred, and the pe rmittee can identify the cause(s) of the

emergency;

b. The permitted source was at the tim e 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 emissi on standards, or other re quirements in the permit;

and

d. The permittee gave a verbal notifica tion 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 (vi ii). 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/ope rator shall submit to the Departme nt a written request for transfer of the source operating or construction permits. The wr itten request for transfer of the source operating or construction permit shall include an y changes pertaining to the company name and mailing address; the facility name and mailing address (if different from th at of the company); the name, mailing address, and telephone number of the owner or agent for the co mpany; and any proposed changes to the permitted activities of the source. Transfer of the operating or construction permits w ill be effective upon written approval by the Department.

N. Public Participation Procedures1. When determined to be appropriate by th e 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 ne wspaper 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 requ est 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 sour ce; the name and address of the permittee; the name and address of the Department; the activities i nvolved 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, in cluding 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 cont ents of any proposed or draft permit shall not be treated as confidential information); a brief descrip tion of the comment procedures; and the time and place of any public hearing that may be held, includ ing 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 ra ised 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 fo r 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 pe riod 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 dete rmines 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 pub lic participation procedures of this section are completed, and the source has received an eff ective construction or operating permit from the

Department.

6. Maintenance activities, repairs, and replace ments which the Department determines to be routine for that source category sha ll 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 po llutant 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 notwithstandi ng, an emissions inventory may be required from

any source at any time.B. Applicability

The provisions of this Section sha ll 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 pot ential annual emissions greater than or equal to any of the emission thresholds listed for T ype 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. Beginni ng 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 w ith 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 Ma rch, 31 2012 (with calendar year 2011 data), these

sources will submit emissions inventories ever y 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 grea ter than or equal to any of the emission thresholds

listed for NAA Sources in Table 1 of this Section. Be ginning 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 Thres holds by Pollutant (tpy potential to emit 1 )

Annual cycle Three-year cycle

Pollutant Type A Sources 2 Type B Sources 2 NAA 3 Sources

SOx ≥ 2500 ≥ 100 ≥ 100

≥ 100 (moderate O 3 NAA )

≥ 50 (serious O 3 NAA)

≥ 25 (severe O 3 NAA) VOC ≥ 250 ≥ 100

≥ 10 (extreme O 3 NAA)

NO X ≥ 2500 ≥ 100 ≥ 100 (all O 3 NAA)

≥ 100 (all O 3 NAA) CO ≥ 2500 ≥ 1000 ≥ 100 (all CO NAA)Pb ≥ 5 ≥ 5

≥ 100 (moderate PM 10 NAA) PM 10 ≥ 250 ≥ 100 ≥ 70 (serious PM 10 NAA)

PM 2.5 ≥ 250 ≥ 100 ≥ 100

NH 3 ≥ 250 ≥ 100 ≥ 100

≥ 10 Single HAP HAP 4

≥ 25 Combined HAPs

1 tons per year (tpy) potential to emit means the ma ximum capacity of a stationary source to emit any air pollutant under its physical and operational desi gn. Any physical or operational limitation on the capacity of a source to emit an air pollutant, includi ng 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 enforceab le 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 re porting thresholds apply for certain pollutants by type of non-attainment area. The pollutants by non-attainment area are:

Ozone: VOC, NO X , CO; Carbon Monoxide: CO;

Particulate matter less than 10 microns: PM 10

. 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 construc ted Title V sources and/or NAA Sources will complete and submit to the Department initial emissi ons 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 applicabilit y. These sources shall then submit future emissions

inventories on the schedule as described in Table 1 of this Section.

d. Submittal of emissions inventories outsi de of the schedules in this Section will be accepted and reviewed only if a modification has occurre d that required issuance of an air quality permit since the last emissions inventory submittal by the so urce. 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 m odification. 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; 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 da ta 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 inve ntory submitted by the source. If emissions from these insignificant activities have not been included in a p ast emissions inventory submitted to the Department,

the source shall include these emissions in thei r next required emissions inventory submittal.

h. Copies of all records and reports rela ting to emissions inventories as required in this Section shall be retained by the owner/opera tor at the source for a minimum of five years.

SECTION IV - SOURCE TESTS

.

A. Applicability.

1. This Section shall apply to the owne r or operator of any source which conducts:

a. a source test required under an app licable standard or permit condition; or pursuant to a judicial or administrative order, consen t 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: determinati on 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 b asis, exempt from the requirements of this Section source tests which are performed for developm ent 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:

a. a written site-specific test plan in cluding all of the information required in paragraph C below has been deve loped and submitted to the Department. If the Department has previously approved a site-specific test plan the owner or operator may subm it a letter which references the approved plan and which includes a thorough description of amendments to the plan; and

b. written Department approval of th e site-specific test plan, methods, and procedures has been received.

2. All test methods included in the site-speci fic 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 al ong with the site-specific test plan, and that the

submission contains all of the inform ation 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 re quirement 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 an y additional information requested by the Department necessary to facilitate the re view 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 mannershall 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 a nd 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 cal culations, equations, and other related

information that will be used to demonstrate a nd 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 co ntrol 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:

a. Identification of any risks associat ed 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 pr otection, 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, in cluding fugitive emissions, associated with the process to be tested, and when applicable, the me thod 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 Cont rol (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 Po llution Measurement Sy stems, Volume III.

b. Chain-of-custody procedures and copies of chain-of-custody forms.c. Procedure for conditioning particul ate 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 pers ons 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 intern al standards (standards additions prior to extraction).

k. Methods and concentrations for su rrogate 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 Depa rtment at least two weeks prior to the test date. Submission of a site-specific test plan or amendm ents 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. Te lephone notification shall include a description ofthe circumstance(s) causing the cancellation of the t est, 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 acti on 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 di rection of, a person qualified by training and/or experience in the field of air pollution testing.

5. Unless approved otherwise by the Departme nt, 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 paramete r 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 productio n 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 th is 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 pe rformance audit samples provided by the Department. If the Department does not provide perform ance audit samples to the owner or operator, the Department thereby waives the require ment to conduct a performance audit.

3. A waiver of performance audit require ments to conduct a performance audit for a particular source test under E.2 above does not constit ute a waiver of performance audit requirements for

future source tests.4. The Department shall have discretion to re quire 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 b een requested in and approved with the site-specific test plan prior to testing or is otherwise speci fied 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 rat es 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, spectr ograms, analyzer measurements, etc.).

k. Legible copies of all raw field data (fo r 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 fro m 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 demonstr ation of compliance;2. corrective actions that have been taken or that are proposed to return the source to compliance;

3. method that will be used to demonstr ate the source has retu rned 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 Depa rtment representatives are provided access to the analytical laboratory for observation of instrume nt calibrations and analysis of field and audit samples.

I. Site Inspection. Upon request by the Departme nt 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 prom ulgated 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 source s to monitor emissions, submit periodic reports of such emissions and maintain records as specified by various regulations and permit s, and to evaluate reports and records for consistency with the applicable emis sion limitation or standard on a continuing basis over time. The monitoring data coll ected 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 underlyi ng 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 info rmation already available and utilized for other purposes may be used to demonstrate compliance or noncompliance with emission standards.

2. To eliminate any potential ambiguity re garding language that has been interpreted to provide for exclusive reliance on reference test methods as th e 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 determ ination of non-compliance by the Department or for compliance certification by the owners or operators of stationary sources.1. Enforcement - Consistent with Sout h Carolina’s Environmen tal 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 releva nt 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 est ablish whether or not a person has violated or is in violation of any standard in the plan.

2. Compliance Certifications - Consiste nt with South Carolina’s Environmental Audit Privilege and Voluntary Disclosure Act, c odified 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 ha d 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.