May 25, 2007 62.1 - Page 1 SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS

REGULATION 61-62.1 DEFINITIONS AND GENERAL REQUIREMENTS

SECTION I - DEFINITIONS

The following words and phrases wh en used in the Regulations and Standards shall for the purpose of these regulations have the meanings respectively ascribed to them in this section, unless a different meaning is clearly indicated. This section augments Section 1 of the South Carolina Pollution Control

Act.

1. Acid Mist - Mist or droplets of sulfuric or other acids. Sulfuric acid mist includes sulfur trioxide (SO 3 ) and sulfuric acid vapor as well as liquid mist.

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

3. Administrator - The Administrator of th e United States Environmental Protection Agency (EPA) or his/her designee.

4. Afterburner - An auxiliary burner for destroyi ng unburned or partially burned combustion gases after they have passed from the combustion chamber.

5. Air Curtain Incinerator - An incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which burning occurs. Incinerators of this type can be constructed above or below ground and require a refractory lined chamber or pit.

6. Alter - Alter means modification or change in a process or processes which would affect emissions to the atmosphere.

7. Ambient Air Quality Standards - That standard for the quality of ambient air at or beyond a property line on which a source of pollution is emitting.

8. Application - Means a form provided by the Department which is prescribed to provide the information required to grant approval to construct and operate a source or an incinerator; or to report an existing incinerator.

9. Biologicals - preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immuni zing, or treating humans or animals or in research pertaining thereto.

10. Blood Products - any product derived from hu man blood, including but not limited to blood plasma, platelet, red or white blood corpuscles, a nd other derived licensed products, such as interferon,

etc.

11. Board - Board means Board of Health and Environmental Control.May 25, 2007 62.1 - Page 2 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 incinera tors are not boilers). To be of integral design, the combustion chamber and the primary energy recovery sections (such as water wa lls and super heaters) shall be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery sections are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not physically be formed in to the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and

fluidized bed combustion units.

b. At least 75% of recovered energy shall be “exported”, i.e., not used for internal uses like preheating of combustion air or fuel, or driv ing combustion air fans or feedwater pumps.

14. Bypass stack - a device used for discharging co mbustion gases to avoid severe damage to the air pollution control device or other equipment.

15. Chemotherapeutic Waste - All waste resu lting from the production or, use of antineoplastic agents used for the purpose of stopping or reversin g the growth of malignant cells. Chemotherapeutic waste shall not include any waste containing antineoplas tic agents that are listed as hazardous waste under S.C. Hazardous Waste Management Regulation 61-79.261.

16. Clean Wood - Untreated wood or untreated wood products including clean untreated lumber, tree stumps (whole or chipped), and tree limbs (who le or chipped). Clean wood does not include yard waste, which is defined elsewhere in this Secti on, or construction, renova tion, and demolition waste (including but not limited to railroad ties and telephone poles).

17. Commercial Incinerator - An incinerator that burns non-hazardous waste from commercial activities with a design capacity of no more than 1250 lb/hr and which burns no more than 6 tons/day. Incinerators of this type not meeting these limits are considered municipal waste combustors. This

definition does not include retail and industrial inci nerators nor does it include waste from maintenance

activities at commercial establishments.

18. Commissioner - Commissioner means the Comm issioner of the Department of Health and

Environmental Control.

19. Conditional major source - A stationary source that obtains a federally enforceable physical or operational limitation from the Department to limit or cap the stationary source’s potential to emit to avoid being defined as a major source as defined in S.C. Regulation 61-62.70, Title V Operating Permit Program.

20. Continuous emission monitoring system or CEMS - a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.May 25, 2007 62.1 - Page 3 21. “Continuous program of physical on-site cons truction” - Means significant and continuous site preparation work such as major clearing or excavati on followed by placement of footings, pilings, and other materials of construction, assembly, or installati on of unique facilities or equipment at the site of the source. With respect to a change in the method of op erating, 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 te tra- through octa-chlorinat ed dibenzo-paradioxins and dibenzofurans, as measured by EPA Reference Method 23.

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

26. Emission Limitation (and emission standard) - A requirement established by the State or by the Administrator of the Environmental Protection Agency which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for

a source to assure continuous emission reduction.

27. Federally enforceable - All limitations and conditions which are enforceable by the Administrator of the U.S. Environmental Protection Agency (EPA) and citizens under the Act, including those requirements developed pursuant to 40 CFR 60 and 61, requirements within the South Carolina State Implementation Plan (SIP), any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51, Subpart I, including operating permits issued under an EPAapproved program that is incorporated into the SIP and expressly requires adherence to any permit issued under such program.

28. Fuel Burning Operation - Use of furnace, bo iler, 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 substan ce to the products of combustion.

29. Fugitive Dust - A type of pa rticulate emission that becomes airborne by forces of wind, man’s activity or both, including but not limited to, construc tion 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 resu lting from the handling, preparation, cooking and serving of foods.

32. Hazardous Air Pollutant - A pollutant which is the subject of National Emission Standards for Hazardous Air Pollutants promulgated by the Un ited States Environmental Protection Agency by publication in the Federal Register.

33. Hazardous Waste - Any waste identifie d as such by South Carolina Hazardous WasteMay 25, 2007 62.1 - Page 4 Management Regulation 61-79.

34. Hazardous Waste Fuel - Hazardous waste that h as a heat value greater than 5000 BTU/lb. and is burned in an industrial or utility boiler or industr ial furnace for energy recovery, except for hazardous wastes exempted by Section 266.30(b) of Sout h Carolina Hazardous Waste Management Regulation

61-79.

35. Hazardous Waste Incinerator - An incinerato r whose primary function is to combust hazardous waste, except for devices which have qualified for exemption as provided in Sections 264.340(b) or 265.340(b) of South Carolina Hazardous Waste Management Regulation 61-79.

36. Hospital - any facility which has an organized medical staff, maintains at least six inpatient beds, and where the primary function of the institution is to provide di agnostic and therapeutic patient services and continuous nursing care primarily to huma n inpatients who are not related and who stay on average in excess of 24 hours per admission. This de finition does not include f acilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision.

37. Hospital/medical/infectious waste 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 hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

39. Incinerator - Any engineered device used in the process of controlled combustion of waste for the purpose of reducing the volume, removing the contamination and/or reducing or removing the hazardous potential of the waste charged by destro ying combustible matter leaving the noncombustible ashes, material and/or residue and which does not m eet the criteria nor classification as a boiler nor is

listed as an industrial furnace.

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

41. Industrial Furnace - Any of the following encl osed devices that are integral components of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or

energy:

a. Cement kilns

b. Lime kilns

c. Aggregate kilns

d. Phosphate kilns

e. Coke ovens

f. Blast furnaces

g. Smelting, melting and refining furnaces (i ncluding pyrometallurgical devices such as trayMay 25, 2007 62.1 - Page 5 furnaces, cupolas, reverberator furnaces, sinter ing 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 indu strial practice to produce a material product; and,

vi. Other factors, as appropriate.

42. Industrial Incinerator - Any incinerator utilized in an industrial plant that does not meet the definition for any other type incinerator or an incinera tor used to combust Type 5 or 6 waste at any site.

43. In Existence - Means that the owner or op erator has obtained all necessary construction permits required by this Bureau and either has (a) begun, or ca used to begin, a continuous program of physical onsite construction of the source or (b) entered into binding agreements or cont ractual obligations, which

cannot be canceled or modified without substantial lo ss to the owner or operator, to undertake a program of construction of the source to be completed in a reasonable time, or that the owner or operator possesses a valid operating permit for the source prior to th e 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 cooki ng chemicals through a recovery process is also considered part of the kraft pulp mill.

45. Major Plant - Except as otherwise provided, this term refers to any plant which directly emits, or has the potential to emit, one hundred tons per year or more of any regulated air pollutant.

46. Malfunction - any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or carel ess operation are not malfunctions. During periods of malfunction the operator shall operate within established parameters as much as possible, and monitoringMay 25, 2007 62.1 - Page 6 of all applicable operating parameters shall conti nue 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 generate d in the diagnosis, treatme nt, or immunization of human beings or animals, in research pertaining theret o, 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 in clude hazardous waste identified or listed in R.61- 79.261, Hazardous Waste Management ; household waste, as defined in R.61-79.261.4(b)(1); ash from incineration of medical/infectious waste, once th e incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials identified in R.61-79.261.4(a)(1).

a. Cultures and stocks of infectious agen ts and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.

b. Human pathological waste - tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their

containers.

c. Human blood and blood products including:

i. Liquid waste human blood;

ii. Products of blood;

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

iv. Items that were saturated and/or drip ping with human blood that are now caked with dried human blood; including serum, plasma, and ot her blood components, and their containers which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category.

d. Sharps - instruments used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypoderm ic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Al so 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 in fectious 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 followi ng unused, discarded sharps: hypodermic needles,May 25, 2007 62.1 - Page 7 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 series, physically separated by refractory walls, interconnected by gas p assage ports or ducts.

50. Municipal Solid Waste, MSW or Municipal-ty pe Solid Waste - Household, commercial/retail,

and/or institutional waste. Household waste includes ma terial discarded by single and multiple residential dwellings, hotels, motels, and other similar permanent or temporar y housing establishments or facilities.

Commercial/retail waste includes material discarde d by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. Institutional waste includes material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities. Household, commercial/retail, and institutional

wastes include:

a. Yard waste;

b. Refuse-derived fuel; and

c. Motor vehicle maintenance 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; construction, 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 cont aminated 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 (s tarved-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 incinerato rs, 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 intern al 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 heat recovery equipm ent, 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; andMay 25, 2007 62.1 - Page 8 iii. The combustor water system, which star ts 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 no t 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 redu ce the transmission of light and obscure the view of an object in the background.

56. Open Burning - Any fire or smoke-producin g process which is not conducted in any boiler plant, furnace, high temperature processing unit, inci nerator 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 diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on Appendix J of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an equivalent met hod designated in accordance with 40 CFR 53, July 1,

1987.

58. PM 10 Emissions - Finely divided solid or liquid mate rial with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by a reference method approved by the Department, with concurrence of the U. S. Environmental Protection Agency.

59. Part 70 permit - Any permit or group of pe rmits covering a source subject to the permitting requirements of S.C. Regulation 61-62.70. The use of the term “Title V Permit” shall be construed to

mean “Part 70 Permit.”

60. Particulate Matter - Any material, except uncombine d water, that exists in a finely divided form as a liquid or solid at standard conditions.

61. Particulate Matter Emissions - All finely divi ded solid or liquid material, other than uncombined water, emitted to the ambient air as measured by an a pplicable reference method described in 40 CFR 60, July 1, 1987, or an equivalent or alternative met hod approved by the Department, with the concurrence of the U. S. Environmental Protection Agency.

62. Pathological waste - waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable).

63. Plant - Except as otherwise provided, any stationary source or combination of stationary sources, which is located on one or more contiguous or adjacent properties and owned or operated by the same person(s) under common control.

64. Plastics/Rubber Recycling Unit - An integrat ed processing unit where plastics, rubber, and/or rubber tires are the only feed materials (incidental cont aminants may be included in the feed materials) and they are processed into a chemical plant feed stock or petroleum refinery feedstock, where theMay 25, 2007 62.1 - Page 9 feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. The combined weight of the chemical plant feedstock and petroleum refinery feedstock produced by the plastics/rubber recycling unit on a calendar quarter basis shall be more than 70 percent of the combined weight of the plastics, rubber, and rubber tires processed by the plastics/rubber recycling unit on a calendar quarter basis. The plastics, rubber, and/or rubber tire feed materials to the plastics/rubber recycling unit may originate from the separation or diversion of plastics, rubber, or rubber tires from MSW or industrial solid waste, and may include manufacturing scraps, trimmings, and off-specification plastics, rubber, and rubber tire discards. The plastics, rubber, and rubber tire feed materials to the plastics/rubber recycling unit may contain incidental contaminants (e.g., paper labels on plastic bottles, metal rings on plastic bottle caps, etc.).

65. Potential to Emit - The maximum capacity of a plant to emit a regulated pollutant under its physical and operational design. Any physical or ope rational 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, stored , or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a plant.

66. Process Industry - Any source engaged in th e manufacture, processing, handling, treatment, forming, storing or any other action upon materials except fuel-burning operations.

67. Process Weight - The total weight of all mate rials introduced into a source operation, including air and water where these materials become an integral part of the product, and solids used as fuels but excluding liquids and gases used solely as fuels.

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

a. For continuous or long-run steady-state s ource 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 num ber 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 municipal solid waste produced by processing municipal solid waste through shredding and size classification. This in cludes all classes of refuse-derived fuel including low-density fluff refuse-derived fuel through densifie d refuse-derived 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.May 25, 2007 62.1 - Page 10 73. Rubbish - Solid wastes from residences and dwellings, commercial establishments, and

institutions.

74. Salvage Operations - Any opera tion of a business, trade, or industr y engaged in whole or in part in salvaging or reclaiming any product or material including, but not limited to, metals, chemicals, shipping containers, drums or automobiles.

75. Secondary Emissions - Emissi ons which would occur as a result of the construction or operation of a major plant or major modification, but do not come from the major plant or major modification itself. Secondary emissions shall be specific, well defined, qua ntifiable, and shall impact the same general area as the plant or modification which causes the secondary emissions. Secondary emissions may include, but

are not limited to:

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

b. emissions from any offsite support operation which would not otherwis e be constructed or

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

76. Sludge Incinerator - An incinerator that com busts wastes containing more than 10% (dry weight basis) sludge produced by municipal or industrial wast e water treatment plants or each incinerator that charges more than 2205 lb/day (dry weight basi s) of sludge produced by municipal or industrial wastewater treatment plants.

77. Smoke - Small gasborne and airborne pa rticles 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 opening a rranged to conduct an effluent into the open air.

81. Stack Height - The vertical distance measured in feet between the point of discharge from the stack or chimney into the outdoor atmosphere and the elevation of the land thereunder.

82. Standard Conditions - 760 millimeters of mercury at 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 national or state standard. Use of the term “source” is to be construed to mean “stationary source.”

84. Substantial loss - Generally means a loss whic h 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 modifi cation, as defined in S.C. Regulation 61-62.5, Standard No. 7, Section I, Preventi on of Significant Deterioration (“PSD”).

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

.May 25, 2007 62.1 - Page 11 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) - Particul ate matter as measured by the method described in Appendix B, 40 CFR 50, July 1, 1987.

89. Trade Waste - All solid, liquid or gaseous material or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals and cinders.

90. Untreated lumber - Wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Untreated lu mber 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

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

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

** Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste. The burden of proof that this is not true rests with the user.

_______________

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 gase ous commercial fuel. Also, clean wood or bark thatMay 25, 2007 62.1 - Page 12 has not been processed other than for size reduction ex cluding clean wood or bark burned in an air curtain

incinerator.

94. Volatile Organic Compound (VOC) - Any organi c compound which participates in atmospheric photochemical reactions; or which is measured by a reference method (as specified in 40 CFR 60, as of July 1, 1990), an equivalent method, an alterna tive 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); 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-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);May 25, 2007 62.1 - Page 13 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 fl uorinated tertiary amines with no unsaturations; (iv) sulfur containing perfluorocarbons with no un saturations and with sulfur bonds only to carbon

and fluorine. volatile methyl siloxanes (cyclic, branched, or linear 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 requireme nts which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate (TBAC or TBAc)

.

95. Waste - Any discarded material including but not limited to used oil, hazardous waste fuel, hazardous waste, medical waste, municipal solid wast e, 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 commercia l 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% inco mbustible solids and has a heating value of approximately 8500 BTU per pound as fired.

b. Type 1 - Rubbish, a mixture of combustib le waste such as paper, cardboard cartons, wood scrap, foliage and combustible floor sweepings, fro m 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% inco mbustible solids and has a heating value of approximately 6500 BTU per pound as fired.

c. Type 2 - Refuse, consisting of an approxi mately even mixture of rubbish and garbage by weight. This type of waste is common to apartment and residential occupancy.

Typical composition: up to 50% moisture, 7% in combustible solids, and has a heating value of approximately 4300 BTU per pound as fired.

d. Type 3 - Garbage, consisting of animal a nd vegetable wastes from restaurants, cafeterias,May 25, 2007 62.1 - Page 14 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, c onsisting of carcasses, organs and solid organic wastes from hospitals, laboratories, abatto irs, animal pounds, and similar sources.

Typical composition: up to 85% moisture, 5% incombustible solids, and having a heating value of approximately 1000 BTU per pound as fired.

f. Type 5 - By-product waste, gaseous, liquid or semi-liquid, such as tar, paints, solvents, sludge, fumes, etc., from industrial operations. BT U values shall be determined by the individual materials to be destroyed.

g. Type 6 - Solid by-product waste, such as rubber, plastics, wood waste, etc., from industrial operations. BTU values shall be determined by the individual materials to be destroyed.

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

5000 BTU/lb.

97. Yard waste - Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs that are generated by residential, commercial/retail, institutional, and/or industrial sources as part of maintenance activities associated with yards or other pr ivate or public lands. Yard waste does not include construction, renovation, and demoliti on wastes, which are exempt from the definition of municipal solid

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

SECTION II - PERMIT REQUIREMENTS

A. Construction Permits

1. Applicability

a. This regulation will not supersede any St ate 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 contaminants, includi ng installation of any device for the control of air contaminant discharges, shall first obtain a c onstruction permit from the Department prior to

commencement of construction.

c. The Department may grant permission to proceed with minor alterations or additions without issuance of a construction permit when the Depa rtment determines that the alteration or addition will not increase the quantity and will not alter the character of the source's emissions.

d. The owners or operators of sources not requesting to use Federally enforceable construction permit conditions to lim it potential to emit, sources not subj ect to regulations with more stringent start of construction limitations, or sources not otherwise exempt from permit requirements, may undertake the following on-site activities pr ior to obtaining a construction permit:May 25, 2007 62.1 - Page 15 i. Planning; ii. Engineering and design; iii. Geotechnical investigation; iv. Site land clearing and grading; v. Setting up temporary trailers to hou se 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 in cluding the mounting pads and slab on grade; ix. Relocation of utilities; and, x. For existing sources, relocation/installation of piping, electrical service, and

instrumentation.

In the event that the source does not qualify for issuan ce of a construction permit, the owners or operators accept the financial risk of commencing these activities.

2 No permit to construct or modify a source will be issued if emissions interfere with attainment or maintenance of any State or Federal standard.

3. The owner or operator shall submit written notification to the Department of the date construction is commenced, postmarked no later than 30 days after such date, and written notification of the actual date of initial startup of each new or altere d source, 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 di scontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The Departme nt 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 construction 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 sha ll be required for the sources listed in Section II (B)(1)(a) through (c) which burn virgin fuel and which were constr ucted prior to February 11, 1971 and which are not located at a facility that meets the definition of a major source as defined in S.C. Regulation 61- 62.70.2(r); however, modifications at these facilities may trigger the requirement to obtain a construction permit.

a. Natural gas boilers.

b. Oil-fired boilers of 50 x 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 sha ll be required for the sources listed in Section II (B)(2)(a) through (h), unless otherwise specified by S.C. Regulation 61- 62.70 or any other State or Federal requirement. A source's exemption status may change upon the prom ulgation of new regulatory requirements applicable to any of the sources listed in Section II (B)(2)(a) thr ough (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 anyMay 25, 2007 62.1 - Page 16 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, nitr ogen, oxygen, carbon dioxide, or any physical

combination of these.

h. Sources with a total uncontrolled emission ra te of less than 1 lb/hr each of particulates, sulfur dioxide, nitrogen oxides, and carbon monoxide; a nd a total uncontrolled emission rate of less than 1000 lbs/month of VOC will not require construction permits. However, these sources may be required to be included in any subsequent construction or opera ting permit review to ensure that there is no cause or contribution to an exceedance of any ambient ai r quality standard or limit. For toxic air pollutant exemptions, refer to S.C. Regulation 61-62.5, Standard No. 8.

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

other sources that have been determined to have to tal 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 and periodically published in the South Carolina State Register for use by the public and the regulated community.

4. Sources whose only emissions are fugitive must submit source information, and the need for permit(s) will be made by the Department on a case- by-case basis. This determination will take into consideration, but will not be limited to the nature and amount of the pollutants, location, proximity to residences and commercial establishments, etc.

5. Requests for exemption from the requirement to obtain a construction permit, for new sources similar to sources already on the Department maintain ed list established in Section II (B)(3), or for modifications to existing equipment, including the rec onstruction, relocation, and replacement of existing equipment, which may qualify for exemption as per Section II (B)(2)(h) and Section II (B)(4), shall include the following information:

a. A complete description of the existing equipment and proposed modification;May 25, 2007 62.1 - Page 17 b. The pollutant(s) being emitted and any de viation from the parameters provided in earlier permit applications, permit exem ptions, 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 Sec tion II (B) do not relieve the owner or operator of any source from any obligation to comply w ith 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 requirement that the construction permit applications be reviewed and signed by a registered professional engi neer provided the proposed unit is identical to a prototype model which has been previously designe d or otherwise certified by a professional engineer:

a. Package-type incinerators of 750 pounds/hr rated capacity or smaller which burn types 0 and 1 wastes as defined by the Incinerator Institute of America;

b. Package-type incinerators of 500 pounds/ hr rated capacity or smaller which burn animal remains excluding those remains that are considered infectious waste; and,

c. Package-type boilers of 100 x 10 6 BTU/hr input capacity or smaller which burn natural gas or virgin oil as fuel.

3. Construction permit applicati ons shall provide the information described in Section II (C)(3)(a) through (p). This information should be submitted on Department forms, but project specific information may need to be provided in addition to th at requested in applicable forms.

a. The company name and mailing address; th e facility name and mailing address (if different from that of the company); and the name, mailing a ddress, 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;May 25, 2007 62.1 - Page 18 f. A description of the facility's proposed ne w or altered processes, including the physical and chemical properties and feed rate of the materials us ed and produced (in pounds per hour), from which the facility determined potential emissions;

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

the flow of materials and intermediate and final products. The process flow diagram/production process layout must identify all equipment, machines, and process steps or product lines within the production process, all product streams, all exhaust streams (emission points) including fugitive within the production process, all waste streams, and all contro l 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 emissi ons from each proposed source or existing source that is being altered. Mass emission data and emission calculations, including the potential uncontrolled and controlled mass emission rate of each criteria pollutant and other air contaminants such as volatile organic compounds (VOC), toxic air pollutants (TAP), and hazardous air pollutants (HAP), that will be emitted from each source covered by the application. Emission calculations mu st be based on proper documentation that supports the basis of the emissi on rates such as stack test data, AP-42 emission factors, material balance, and/or engineering estimates. All assumptions used in the emission calculations must be provided. Fugitive emissions (i.e. emissi ons from filling operations, pumps , valves, flanges, etc.) must be included in the emission calculations;

j. A description of all air pollution control devices or systems on the new or altered sources, whether inherent or add-on. The description sh all include, but not be limited to, the manufacturer specifications and ratings, the engineering design a nd operating characteristics, the projected capture, and destruction, control, or removal efficiencies at e xpected contaminant loading levels, and the monitoring data collection and recordkeeping necessary to ensu re 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 re lated to the proposed and/or existing source(s), including the minimum anticipated height above ground, maximum anticipated internal dimensions, discharge orientation, exhaust volume flow rate, exha ust gas temperature, and rain protection device, if

any;

m. Scale drawings showing a plan view of the property lines, the location of the source, all stacks and other emission points related to the source;

n. An air dispersion modeling analysis or other information demons trating that emissions from the facility, including those in the application, will not interfere w ith 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,May 25, 2007 62.1 - Page 19 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 modifi cations 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 gene ral construction permit.

2. Sources may submit a construction permit appli cation to the Department with a request for coverage under the conditions and terms of a general construction permit for similar sources. The Department shall grant the general construction permit to sources certifying qualification for and agreeing

to the conditions and terms of the general construction permit for similar sources. The source shall be subject to enforcement action for operation without a 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 request for authorization to operate under a general construction permit, but such a grant shall be a final permit action for purposes of judicial review.

4. The permit application for general construc tion permits may deviate from the requirements of Section II (C) provided that such application includ es all information necessary to determine qualification for, and to assure compliance with, the general permit.

5. A source that qualifies for coverage under a De partment issued general construction permit may submit a construction permit applicati on to the Department and request an individual construction permit in lieu of coverage under a ge neral 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 Departme nt as prescribed by S.C. Regulation 61-62.1, Section II (E)(5).

c. Stationary sources requesting a synthetic minor construction permit shall undergo the public participation procedures of S.C. Regulation 61-62.1, Section II (N).

d. The Department shall act, within a reasona ble 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 synthe tic minor construction pe rmit 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 permit application un til the applicant has addressed the concerns specified by the Department which caused th e denial. The source shall correct all deficienciesMay 25, 2007 62.1 - Page 20 noted by the Department within 60 calendar days of receiving notice of the denial, or submit a complete major source construction permit application as prescrib ed by S.C. Regulation 61-62.1, Section II (C) if the source desires to proceed with the project.

2. New Sources and Modifications

a. Stationary sources desiring to restrict its potential to emit shall submit a written request to the Department for a Federally enforceable construc tion permit conditioned to constrain the operation of the source, along with a completed construction pe rmit application package as prescribed by S.C. Regulation 61-62.1, Section II (E)(5). The constr uction of the new or modified source shall not commence until the source has received an effective permit to construct.

b. The owner or operator sh all submit written notification to the Department of the date construction is commenced, postmarked no later than 30 days after such date, and written notification of the actual date of initial startup of each new or altere d source, postmarked within 15 days after such date. A written request to obtain an operating permit shall be submitted to the Department no later than fifteen (15) days after the actual date of initial startup of each new or altered source in accordance with S.C. Regulation 61-62.1, Section II (F). A satisfactory compliance inspection by a Department representative may precede the issuance of an operating permit fo r any newly constructed or modified source.

3. Synthetic Minor Cons truction Permit Conditions

a. Synthetic minor construction permits shall contain the standard permit conditions listed in Section II (J)(1) and any special permit conditions re quired to verify a source's compliance with the emissions limitations and op erational requirements.

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

c. All synthetic minor construction permit c onditions that constrain the operation of a source in an effort to limit potential to emit below major s ource threshold levels shall be Federally enforceable. Unless otherwise agreed by the Department and EPA, the Department shall provide to EPA on a timely basis a copy of each proposed (or draft) and fi nal permit intended to be Federally enforceable.

4. General Synthetic Mi nor Construction Permits

a. The Department may, after notice and oppor tunity for public participation provided under S.C. Regulation 61-62.1, Section II (N), issue a genera l synthetic minor construction permit applicable to similar sources. Any general synthetic minor cons truction permit shall incorporate all requirements applicable to the construction of similar synthetic minor sources and shall identify criteria by which sources may qualify for the general permit. Sources may submit a permit application to the Department with a request for coverage under the conditions a nd terms of a general synt hetic minor construction permit for similar sources. The Depa rtment shall grant the general synt hetic 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 late r determined not to qualify for the conditions and terms of the general syntheti c minor construction permit.

b. The Department may grant a source's requ est 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.May 25, 2007 62.1 - Page 21 c. The Department shall provide timely notice to the public of any authorization given to a facility to operate under the terms of a general permit. Such notice may be made on a periodic, summarized basis covering all facilities receiving authorization since the last notice.

5. Requirements for Synthetic Minor Construction Permit Applications

a. In addition to the minimum information required by S.C. Regulation 61-62.1, Section II (C)(3), any facility applying for a synthetic minor construction permit must also provide the following:

i. Potential emission calculations an d proposed Federally enforceable emission limitations for each emission unit at the facility verify ing that the total emissions at the facility will be below the major source (or facility) thresholds;

ii. All proposed production and/or opera tional limitations that will constrain the operation of each emission unit that are to be identified as Federally enforceable; and,

iii. All proposed monitoring parameters, recordkeeping and reporting requirements the applicant will use to determine and verify comp liance with the requested Federally enforceable limitations on a continuous basis. The applicant shall also provide the compliance status of these proposed parameters and requirements at the time of the application submittal.

b. The permit application for general synthe tic minor construction permits may deviate from the requirements of Section II (E)(5)(a) provided that such application includes all information necessary to determine qualification for, and to assu re compliance with, the general permit.

F. Operating Permits

1. The owner or operator shall s ubmit written notification to the De partment of the actual date of initial startup of each new or altered source, postmarked within 15 days after such date. Any source that is required to obtain an air quality construction permit issued by the Department must obtain an operating permit when the new or altered source is placed into operation and shall comply with the requirements of

this section.

2. The owner/operator or professional engineer in charge of the project shall certify that, to the best of his/her knowledge and belief and as a result of periodic observation during construction, the construction under application has been completed in accordance with the specifications agreed upon in the construction permit issued by the Department. If construction is certified as provided above the permittee may operate the source in compliance with the terms and conditions of the construction permit until the operating permit is issued by the Department . If construction is not built as specified in the permit application and associated construction pe rmit(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 commenc ing operation. Construction variances that would trigger additional requirements that ha ve 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 T itle 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.May 25, 2007 62.1 - Page 22 b. For sources not subject to S.C. Regulation 61-62.70, or not yet covered by an effective Title V operating permit, the permittee shall submit a written request for a new or revised operating permit to cover any new, or altered source, postmarked no later than fift een (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 emit below major sour ce 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 consid ered a conditional major

source.

b. Stationary sources requesting a conditional major operating permit shall submit a complete request for a new or revised operating permit to the Department as required by S.C. Regulation 61-62.1, Section II (G)(6).

c. Stationary sources requesting an original or renewed conditional major operating permit shall undergo the public participation procedures of S. C. Regulation 61-62.1, Section II (N). Submission of a request for renewal meeting the requirements in S.C. Regulation 61-62.1, Section II (H) shall allow the permittee to continue operating pursuant to th e most recent conditional major operating permit, until such time as the Department has taken fi nal action on the request for renewal.

d. The Department shall act on a request fo r a conditional major operating permit and shall notify the source in writing of its appr oval, conditional approval, or denial.

e. In the event of a denial of a conditi onal 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 ope rating permit request until the source has addressed the concerns specified by the Department which caused the original denial. The sour ce shall correct all deficiencies noted by the Department or submit a complete permit application in accordance with S.C. Regulation 61- 62.70 in order to receive a Title V operating permit.

3. Existing Sources

a. Any owner or operator desiring to be pe rmitted as a conditional major source shall submitMay 25, 2007 62.1 - Page 23 an operating permit request containing the informatio n identified in S.C. Regulation 61-62.1, Section II (G)(6). A Federally enforceable conditional major ope rating permit shall constrain the operations of the source such that potential emissions fall below appli cable regulatory levels and therefore exclude the source from the requirements to have a Title V operating permit.

b. A request for a conditional major operati ng permit shall not relieve a source from the requirement to meet the deadline for submittal of a Title V operating permit application.

4. New sources

a. Any owner or operator who plans to construct, alter, or add to a s ource of air contaminants, including the installation of any device for the c ontrol of air contaminant discharges, and desires a conditional major operating permit shall provide a wr itten request to the Department for a Federally enforceable synthetic minor construction permit cond itioned 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 cons truction of the new or modified source shall not

commence until the source has received an effec tive permit to construct from the Department.

b. A written request to obtain a conditional ma jor operating permit shall be submitted to the Department postmarked no later than fifteen (15) days after the actual date of initial startup of each new or altered source. This request shall include any additional information required in S.C. Regulation 61- 62.1, Section II (G)(6). These facilities will be issued conditional major operating permits without further public notice if no substantive changes to limitations are required. A satisfactory compliance inspection by a Department representative may precede the issuance of an operating permit for any newly

constructed or modified source.

5. Conditional Major Operating Permit Conditions

a. Conditional major operating permits shall c ontain the standard perm it conditions listed in Section II (J)(1) and any special permit conditions re quired to verify a source's compliance with the emissions limitations and op erational requirements.

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

c. All conditional major operating permit cond itions that constrain the operation of a source in an effort to limit potential to emit below major s ource threshold levels as defined in S.C. Regulation 61-62.70 shall be Federally enforceable. Unless ot herwise agreed by the Department and EPA, the Department shall provide to EPA on a timely basis a copy of each proposed (or draft) and final permit intended to be Federally enforceable.

6. Additional Requirements for Conditional Major Operating Permit Requests

a. In addition to the minimum information required by S.C. Regulation 61-62.1, Section II (C)(3), any facility requesting a conditional major operating permit must also provide the following:

i. Potential emission calculations an d proposed Federally enforceable emission limitations for each emission unit at the facility verify ing that the total emissions at the facility will be below the major source (or facility) thresholds.

ii. All proposed production and/or opera tional limitations that will constrain theMay 25, 2007 62.1 - Page 24 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 w ith the requested Federally enforceable limitations on a continuous basis. The source shall also provide the compliance status of these proposed parameters and requirements at the time of the request submittal.

b. The request for general conditional major operating permits may deviate from the requirements of Section II (G)(6) provided that 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 oppor tunity for public participation provided under S.C. Regulation 61-62.1, Section II (N), issue a gene ral conditional major operating permit applicable to similar sources. Any general conditional major op erating 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 gr ant the general conditional major operating permit to sources certifying qualification for and agreeing to th e conditions and terms of the general conditional major operating permit for similar sources. The sour ce shall be subject to enforcement action for operation without a valid permit if the source is late r determined not to qualify for the conditions and terms of the general conditi onal major operating permit.

b. The Department may grant a source's requ est for authorization to operate under a general permit without further public notice, but such a grant shall be a final permit action for purposes of judicial

review.

c. The Department shall provide timely notice to the public of any authorization given to a facility to operate under the terms of a general permit. Such notice may be made on a periodic, summarized basis covering all facilities receiving authorization since the last notice.

H. Operating Permit Renewal Requests

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

2. The provisions of S.C. Regulation 61-62.1, Sec tion II (H), shall apply only to those sources not subject to S.C. Regulation 61-62.70. For sources cove red by an effective Title V operating permit, the operating permit renewal request required by S.C. Re gulation 61-62.70 shall serve as the request to operate for the purposes of this regulation.

3. For sources not subject to S.C. Regulation 61-62.70, the permittee shall submit an operating permit renewal request to the Department no later th an 90 days prior to the operating permit expiration date. The source may be inspected by the Department in order to decide whether to renew the permit. Past records of compliance and future probability of compliance will be considered in making the decision regarding renewal.

4. Operating permit renewal requests shall include a description of any changes at the facility that have occurred since issuance of the last operating pe rmit that may effect the operating permit or operatingMay 25, 2007 62.1 - Page 25 permit review. In general, the description shall incl ude any addition, alteration or removal of sources, including sources exempt from construction permit re quirements; addition, alteration or removal of emission limitations; any changes to monitoring, reco rdkeeping, or reporting requirements; and any changes or additions to special permit conditions. Th e following items should be addressed as part of the operating permit renewal request:

a. The company name and mailing address; th e facility name and mailing address (if different from that of the company); and the name, mailing a ddress, 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 Industr ial 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 descr iptions that have been removed or decommissioned. Any changes to exempted sources listed in current operating permit;

f. Any change to the facility's planned ope rating schedules or description of the facility's current and/or proposed processes, including the phys ical and chemical properties and feed rate of the materials used and produced (in po unds 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 interm ediate and final products . Updated process flow diagram or production process layout must identify major equipment, machines, and process steps or product lines within the production process, all product streams, all exhaust streams (emission points) including fugitive within the production process, all waste streams, and all control devices including inherent process control devices used within the production process;

h. A description, including the Chemical Abst ract Service (CAS) number (if applicable), of all emissions from each source. Mass emission data and emission calculations, including the potential

uncontrolled and controlled mass emission rate of each criteria pollutant and other air contaminants such as volatile organic compounds (VOC), toxic air pollutants (TAP), and hazardous air pollutants (HAP),

emitted from each source. Emission calculations must be based on proper documentation that supports the basis of the emission rates such as stack test data, AP-42 emission factors, material balance, and/or engineering estimates. All assumptions used in the emission calculations must be provided. Fugitive emissions (i.e. emissions from filling operations, pumps, valves, flanges, etc.) must be included in the emission calculations. A summary of facility-wide po tential uncontrolled and cont rolled emissions with a regulatory applicability determination. If existing da ta supplied to the Bureau remains correct, identify documents referenced to comply with this requirement;

i. If no longer accurate, a revised air disper sion modeling analysis or other information demonstrating that emissions from the facility will not in terfere with the attainment or maintenance of any ambient air quality standard. As needed, include a descrip tion of each stack or vent related to the proposed and/or existing source(s), minimum anticipat ed height(s) above ground, maximum anticipated internal dimensions, discharge orie ntation(s), exhaust volum e flow rate(s), exhaus t gas temperature(s),May 25, 2007 62.1 - Page 26 and rain protection devices, if any. If existing da ta supplied to the Bureau remains correct, identify document referenced to comply with this requirement; and,

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

request.

I. Registration Permits

1. Development of Registration Permits

a. The Department may, after notice and oppor tunity for public participation provided under S.C. Regulation 61-62.1, Section II (N ), develop registration permits app licable to similar sources. Any registration permit developed shall specify complia nce with all requirements applicable to the construction or operation of that specific category of stationary sources and shall identify criteria by which sources may qualify for the registration permit.

b. Registration permits will be developed only for specific stationary source groups with uncontrolled potential to emit less than the threshol d 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 a pply to the Department for coverage under a registration permit in lieu of a construction and op erating permit as provided in Regulation 61-62.1, Section II (A) and (F). The Department shall grant the registration permit to sources certifying qualification for and agreeing to the conditions and terms of the registra tion permit applicable to similar sources. The source shall be subject to enforcemen t action for operation without a valid permit if the source is later determined not to qualify for th e 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, bu t such a grant shall be a final permit action for purposes of judicial review.

3. Registration Permit Conditions

a. Registration Permits shall contain the standa rd permit conditions listed in Section II (J)(1).

b. Registration Permits shall contain any a pplicable special permit conditions required to verify a source's compliance with any emissions limitations and operational requirements.

J. Permit Conditions

1. Standard Permit Conditions

All permits shall contain the fo llowing standard permit conditions.

a. No applicable law, regulati on or standard will be contravened.May 25, 2007 62.1 - Page 27 b. All official correspondence, plans, perm it applications and written statements are an integral part of the permit.

c. For sources not required to have continuous emission monitors, any malfunction of air pollution control equipment or system, process upset or other equipment failure which results in discharges of air contaminants lasting for one hour or more and which are greater than those discharges described for normal operation in the permit applica tion shall be reported to the Department within twenty-four hours after the beginning of the occurr ence 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 emi ssion point where the excess emissions occurred;

ii. The magnitude of the excess emissions expressed in the units of the applicable emission limitation and the operating data and calcula tions 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 malfuncti on and the steps taken or planned to prevent the recurrence of such malfunction;

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

viii. Documentation that the air polluti on 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 emissi on monitors shall submit reports as specified in applicable parts of the permit, law, regulations, or standards.

e. Any owner or operator who constructs or operates a source or modification not in accordance with the application submitte d 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 constructi on is discontinued for a period of 18 months or more, or if construction is not completed within a reas onable time. The Department may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase

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

2. Special Permit Conditions

As the Department finds appropria te, permits shall include special permit conditions such as, but not limited to, production limits, operational limits, sour ce performance testing, operation and maintenance requirements, notification requireme nts, recordkeeping requirements, reporting requirements, and other monitoring as required.May 25, 2007 62.1 - Page 28 a. When special permit conditions contain production or operational limits, the permit shall have monitoring and/or recordkeeping requirements to verify a source's compliance with the limitations.

b. When special permit conditions require an add-on air pollution control device to be operated at a specified destruction and removal effici ency level, the permit shall have monitoring and recordkeeping requirements to determine the add-on air pollution control device's performance on a short

term basis.

c. The time period over which a permit lim itation 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 s ources 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 suffici ent only if the permit condition(s) require the installation, calibration, maintena nce, 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, ec onomics, 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 availa ble, or have not been available for a sufficient period of time;

c. Any available operating procedures, or cont rol measures, reducing the impact of the source on ambient air concentrations, have been implemented; and,

d. The request is submitted in a timely manner.

2. The provisions of this paragraph shall not apply to mass emission limits which are imposed upon any source by the following requirements:

a. Federal New Source Performance Standards;

b. National Emission Standards for Hazardous Air Pollutants;May 25, 2007 62.1 - Page 29 c. Federal or State Prevention of Si gnificant Deterioration Regulations; or,

d. Non-attainment requirements.

3. Where a permanent increase in the visible emission limitation for a source is requested, the source must demonstrate that it will remain in comp liance with the applicable particulate emission

standard.

4. Any alternative compliance schedule shall provide for compliance with the applicable regulations as expeditiously as practicable, based on a plan submitted with the request for the alternative compliance schedule.

5. Any request under this section will be subjected to public notice and opportunity for a public hearing. Upon approval by the Boar d, the recommendations of this Department shall be sent to the Administrator of the Environmental Protection Agency , or his designated representative, for approval or disapproval.

6. Where alternative compliance schedule provisions are contained elsewhere in the air pollution control regulations, those provisions shall s upersede the requirements in this section.

L. Emergency Provisions

1. An "emergency" means any situation arisi ng 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 unavoida ble 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 defe nse to an action brought for noncompliance with such technology-based emission limitations if the c onditions in S.C. Regulation 61-62.1, Section II (L)(3)

are met.

3. The affirmative defense of an emergency shall be demonstrated through properly signed, contemporaneous operating logs, and ot her relevant evidence that verify:

a. An emergency occurred, and the permitt ee can identify the cause(s) of the emergency;

b. The permitted source was at the time th e emergency occurred being properly operated;

c. During the period of the emergency, the permittee took all reasonable steps to minimize

levels of emissions that exceeded the emission st andards, or other requirements in the permit; and

d. The permittee gave a verbal notification of the emergency to the Department within 24

hours of the time when emission limitations were ex ceeded, followed by a written report within thirty (30) days. The written report shall include as a mini mum, the information required by S.C. Regulation 61-62.1, Section II (J)(1)(c)(i) through (viii). The written report shall contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.

4. In any enforcement action, the permittee seek ing to establish the occu rrence of an emergency has the burden of proof.May 25, 2007 62.1 - Page 30 5. This provision is in addition to any emergenc y, or upset provision contained in any applicable requirement.

M. Transfer of Ownership/Operation

Within thirty (30) days of the transfer of owne rship/operation of a facility, the current permit holder and prospective new owner/operator shall submit to the Department a written request for transfer of the source operating or construction permits. The writte n request for transfer of the source operating or construction permit shall include any changes pertai ning 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 will be effective upon written approval by the Department.

N. Public Participation Procedures

1. When determined to be appr opriate by the Department (or sp ecified by regulation) notice of permitting activity shall be provided to the public and other entities for their review and comment. Public notice shall be given by publication in a newspaper of general circulation in the area where the source is located, or by publication in the South Carolina State Register, and to persons on a mailing list developed by the Department, including those who request in writing to be on the list. The Department may use other means of public notice in addition to the above.

2. The notice shall identify the affected source; the name and address of the permittee; the name and address of the Department; the activities involved in the permit action; the emission change involved in any permit modification; the name, address, and telephone number of a person from whom interested persons may obtain additional information, including c opies of the permit draft, the application, and all other materials available to the Department that are relevant to the permit decision, except for information entitled to confidential treatment (the contents of an y proposed or draft permit shall not be treated as confidential information); a brief description of the comment procedures; and the time and place of any public hearing that may be held, including a statemen t 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 ad vance of the hearing. The Department shall keep a

record of the commenters and also of the issues raised during the public participation process. The Department shall consider, and provide a written r esponse to all written comments received by mail and at the public hearing, within the time specified for the public notice, in making a final decision on the application.

4. A newly constructed or modified source issued a Federally enforceable final construction permit will not require an additional public comment period a nd/or hearing to obtain an operating permit, unless the source proposes a change in the original constr uction and/or operational plan, prior to commencing construction, which the Department determines w ould require an additional public comment period and/or hearing.

5. Any proposed new or modified stationary source required to undergo a public comment period shall not commence any construction until all public participation procedures of this section are completed, and the source has received an effe ctive construction or operating permit from the Department.May 25, 2007 62.1 - Page 31 6. Maintenance activities, repa irs, and replacements which the Department determines to be routine for that source category shall not, by them selves, be required to under go 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 pol lutant 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.

B. Applicability

The provisions of this Section sha ll apply to all stationary sources:

1. that are required to obtain a Title V permit as issued by the Department; or,

2. that are located in a non-attainment area and required to have an air quality permit; or,

3. that are major sources of hazardous air pollutants (HAP) as defined by Section 112(b) of the Clean Air Act Amendments of 1990 (42 U.S.C. 7412(b)(1):

a. whose potential emissions of a single HAP is equal to or greater than 10 tpy (tons per

year); or,

b. whose potential emissions of a combination of HAPs is equal to or greater than 25 tpy.

C. Emissions Inventory Reporting Requirements

1. Reporting frequencies for Type A, Type B, and Non-Attainment Area (NAA) Sources

a. Type A Sources - Title V sources with actual a nnual emissions greater than or equal to any

of the emission thresholds listed fo r Type A Sources in Table 1 of this Section. Beginning with the effective date of this regulation, these sources will submit an emissions inventory with the exception of toxic air pollutants (TAP), as defined in S.C. Regulation 61-62.5 Standard 8, Toxic Air Pollutants , and HAP data by March 31 of every year for the previo us calendar year. Beginning in 2006, these sources

will submit TAP and HAP data with their annual emissi ons inventory every third year for the previous calendar year (the three year cycle for HAP and TA P emissions inventories is a March 31, 2006 submittal for 2005 data, a March 31, 2009 subm ittal for 2008 data, a March 31, 2012 submittal for 2011 data, etc.).

b. Type B Sources - Title V sources with actual annual emissions during any year of the three year cycle greater than or equal to any of the emissi on thresholds listed for Type B Sources in Table 1 of this Section. Beginning in 2006, these sources will submit emissions inventories every 3 years for the previous calendar year (The three year cycle for em issions inventories is a March 31, 2006 submittal for 2005 data, a March 31, 2009 submitta l for 2008 data, a March 31, 2012 submittal for 2011 data, etc.).

c. NAA Sources - Sources located in a non-attainment area with actual annual emissionsMay 25, 2007 62.1 - Page 32 during any year of the three year cycle greater than or equal to any of the emission thresholds listed for NAA Sources in Table 1 of this Section. Beginni ng in 2006, these sources that are not also Type A Sources will submit emissions inventories every 3 years for the previous calendar year (The three year cycle for emissions inventories is a March 31, 20 06 submittal for 2005 data, a March 31, 2009 submittal for 2008 data, a March 31, 2012 submittal for 2011 data, etc.

Table 1 - Minimum Point Source Repo rting Thresholds by Pollutant (tpy 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

1 tpy = tons per year of actual emissions.

2 Type A Sources are a subset of the Type B Sources and are the larger emitting sources by pollutant.

3 NAA = Non-Attainment Area. Special point source reporting thresholds apply for certain pollutants by type of non-attainment area. The pollutants by non-attainment area are: Ozone: VOC, NO X , CO; Carbon Monoxide: CO;

Particulate matter less than 10 microns: PM 10

.

Table 1 is incorporated into this Section as origin ally published in the Federal Register (67 FR 39602).

2. Reporting frequencies for all affected sources th at do not meet the reporting thresholds listed in

Table 1 of this Section

a. Title V sources that do not meet any of the reporting thresholds for Type B Sources listed in Table 1 of this Section - Beginning with the effect ive date of this regulation, these sources will review their emissions inventories annually as described in paragraph C(3)(d) of this Section.

b. Sources that hold an air quality permit from the Department and are located in a nonattainment area that do not meet any of the app licable reporting thresholds for NAA Sources listed in Table 1 of this Section - Beginning with the effectiv e date of this regulation, these sources will review their emissions inventories annually as describ ed in paragraph C(3)(d)of this Section.

c. Major HAP Sources - Beginning in 2006, those Major HAP Sources, as defined by Section 112(b) of the Clean Air Act Amendments of 1990 ( 42 U.S.C. 7412(b)(1)), who are not already submittingMay 25, 2007 62.1 - Page 33 emissions inventories as Type A, Type B or NA A Sources will submit HAP emissions summaries every 3 years for the previous calendar year (The three year cycle for HAP emissions summaries is a 2006 submittal for 2005 data, a 2009 subm ittal for 2008 data, a 2012 submitta l for 2011 data, etc.). HAP emissions summaries shall be submitted to the Department by March 31 following the year of emissions

and are not considered emissions inventories. Information required in a HAP emission summary will include, but is not limited to the following:

i. A summary sheet showing the source wide emissions of each HAP emitted in excess of 200 lbs/yr;

ii. Calculations for each HAP emitted in excess of 200 lbs/yr source wide.

3. Other Requirements

a. Unless otherwise indicated, all emissions inventories shall be submitted to the Department by March 31 following the year of inventory. All app licable information will be recorded on the current form for reporting emissions data as provided by th e Department. Emission estimates will be made for all regulated air pollutants including but not limited to HAPs and TAPs as discussed in the instructions to the current form for reporting emissions data except as provided in paragraph C(1)(a) of this Section.

b. All newly permitted and c onstructed Title V sources and/or NAA Sources will complete and submit to the Department an initial emissions i nventory following the first full calendar year of operation. These sources shall then submit future em issions inventories on the schedule as described in paragraphs C(1) and C(2) of this Section.

c. Any existing sources that are newly identified as Title V sources and/or NAA Sources will complete and submit to the Department an emissions inventory for the previous calendar year within 90 days of learning of applicability. These sources sha ll then submit future emissions inventories on the schedule as described in paragraphs C(1) and C(2) of this Section.

d. Except Type A Sources, the emissions i nventory for all Title V sources and all sources located in a non-attainment area that are required to ha ve an air quality permit shall be reviewed by the source annually to ensure that source reporting thresholds found in Table 1 of this Section have not been exceeded. A source shall complete and submit to the De partment an emissions inventory for the previous calendar year, if as a result of this review it determines that,

i. it has changed from a Type B or NAA Source to a Type A Source, or

ii. its past emissions were less than Type B or NAA Source reporting thresholds and has increased to Type A, Type B, or NAA Source reporti ng thresholds. These sources shall then submit future

emissions inventories on the schedule as described in paragraphs C(1) and C(2) of this Section.

e. Submittal of emissions inventories outside of the schedules in this Section will be accepted and reviewed only if a modification has occurred that required issuance of an air quality permit since the last emissions inventory submittal by the source. This modification must alter the quantity or character of the sources emissions. These sources may submit a new emissions inventory following the first full calendar year of operation after the modification. These sources shall then submit future emissions inventories on the schedule described in para graphs C(1) and C(2) of this Section.

f. Information required in an emissions i nventory submittal to the Department will include, but is not limited to, the following:May 25, 2007 62.1 - Page 34 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; 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 (June 10, 2002) that is requested by the Department.

g. 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 inve ntory staff on a case-by-case basis to determine if the

alternate method better characteriz es actual emissions for the reporti ng period than the Department's prescribed methods.

h. Emission estimates from insignificant activities listed on a source’s permit shall be required only in the initial emissions inventory submitted by the source. If emissions from these insignificant activities have not been included in a p ast emissions inventory submitted to the Department,

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

i . The requirements of this Section notwithsta nding, an emissions inventory may be required from any source at any time. Copies of all records and re ports relating to emissions inventories as required in this Section shall be re tained by the owner/operator at the source for a minimum of five years.

SECTION IV - SOURCE TESTS

.

A. Applicability.

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

a. a source test required under an applicable standard or permit condition; or pursuant to a judicial or administrative order, consent agreement, or any other such binding requirement entered into after the effective date of this standard, or

b. any other source test from which data will be submitted to the Department for any purpose including but not limited to: determination of applic ability of regulatory requirements, development of emission factors, establishment of parameters for co mpliance assurance monitoring, continuous emission monitor performance specification testing, a nd Relative Accuracy Test Audits (RATA).

2. The Department may, on a case-by-case basis, exempt from the requirements of this Section source tests which are performed for development of em ission 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:May 25, 2007 62.1 - Page 35 a. a written site-specific test plan including all of the information required in paragraph C below has been developed and submitted to the Depart ment. If the Department has previously approved a site-specific test plan the owner or operator may su bmit a letter which references the approved plan and which includes a thorough description of amendments to the plan; and

b. written Department approval of the site-s pecific test plan, methods, and procedures has

been received.

2. All test methods included in the site-specific test plan must be either EPA Reference Methods described in 40 CFR Part 51, Appendix M, or 40 CF R 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 refere nce method, the alternative test method to be used must be approved by the Department.

3. a. The owner or operator of a source proposi ng to use alternative source test methods shall

ensure that the alternative source test method is e ither validated according to EPA Reference Method 301 (40 CFR Part 63, Appendix A, December 29, 1992), and any subsequent amendments or editions, or approved by the Department.

b. The owner or operator shall ensure that requests for approval of alternative source test methods are submitted to the Department along with the site-specific test plan, and that the submission

contains all of the information required by paragraph C below.

4. The Department shall determine whether any source test method proposed in the site-specific test plan is appropriate for use.

5. a. The owner or operator shall submit site-s pecific test plans or a letter which amends a previously approved test plan at least 45 days prio r to the proposed test date. Sources conducting tests for substances listed in Regulation 61-62.5, Standard No. 8, shall submit site-specific test plans or a letter which amends a previously approved test plan at least 60 days prior to the proposed test date.

b. If the only amendments to a previously approved test plan are to facility information included in paragraph C.1 below, the requirement in B.5.a will not apply. The owner or operator, however, shall submit the amendments at least two weeks prior to the proposed test date.

6. Within 30 days of site-specific test plan receipt, the Department will notify the owner or operator of site-specific test plan approval or denial or will request additional information.

7. The owner or operator shall submit any add itional information requested by the Department necessary to facilitate the review of the site-specific test plan.

8. Approval of a site-specific test plan for which an owner or operator fails to submit any additional requested information will be denied.

9. Neither the submission of a site-specific test plan, nor the Department ’s approval or disapproval of a plan, nor the Department’s failure to approve or disapprove a plan in a timely manner shall relieve an owner or operator of legal responsibility to comply with any applicable provisions of this Section or with any other applicable Federal, State, or local require ment, or prevent the Department from enforcing this

Section.May 25, 2007 62.1 - Page 36 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 test s (for example, to demonstrate compliance, to establish emission factors, etc.).

b. Citation of any applicable State or Fe deral regulation or permit condition requiring the

tests.

3. Process Descriptions:

a. Description of the process including a description of each phase of batch or cyclic processes, and the time required to complete each phase.

b. Process design rates and normal operating rates.

c. Proposed operating rate and conditions for the source test.

d. Methods including proposed calculations, e quations, and other related information that will be used to demonstrate and verify the operating rate during the source test.

e. Description of any air pollution control equipment.

f. Description of any stack gas or opacity monitoring systems.

g. Description of all air pollution control monitors (for example, pressure gauges, flow indicators, cleaning cycle timers, electrostatic pr ecipitator voltage meters, etc.) when applicable.

h. A list of process and air pollution control ope rating parameters that will be recorded during the tests, the responsible party who will record th ese readings, and the frequency at which readings will

be recorded.

4. Safety Considerations:

a. Identification of any risks associated with sampling location and accessibility, toxic releases, electrical hazards, or any other unsafe conditi ons, and a plan of action to correct or abate theseMay 25, 2007 62.1 - Page 37 hazards.

b. List of all necessary or required safety equi pment including respirators, safety glasses, hard hats, safety shoes, hearing protection, and other protective equipment.

5. Sampling and Analytical Procedures:

a. Description of sampling methods to be used.

b. Description of analytical methods to be used.

c. Number of tests to be conducted.

d. Number of runs comprising a test.

e. Duration of each test run.

f. Description of minimum sampling volumes for each test run.

g. Location where samples will be recovered.

h. Explanation of how blank and recovery check results and analytical non-detects will be

used in final emission calculations.

i. Maximum amount of time a sample will be held after collection prior to analysis.

j. Method of storing and transporting samples.

6. Sampling Locations and Documentation:

a. Schematics of sampling sites (include stack dimensions and distances upstream and downstream from disturbances).

b. A description of all emission points, in cluding fugitive emissions, associated with the process to be tested, and when applicable, the met hod 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 Contro l (QA/QC) Measures. For each proposed test method when applicable:

a. Citation of the QA/QC procedures specif ied in the EPA Reference Methods and the EPA Quality Assurance Handbook for Air Pollution Measurement Systems, Volume III.

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

c. Procedure for conditioning particulate ma tter filters (before and after source testing).

d. Procedure for conducting leak checks on vacuum lines, pitot tubes, flexible bags, orsats,

etc.May 25, 2007 62.1 - Page 38 e. Equipment calibration frequencies, ranges, and acceptable limits.

f. Minimum detection limits of analytical instrumentation.

g. Names, addresses and re sponsible persons of all sub- contracting laboratories and a description of analytical methods to be used, chain-of-custody procedures and QA/QC measures.

h. QA/QC measures associated with the coll ection and analysis of process or raw material samples and the frequency at which these samples will be collected.

i. Methods for interference and matrix eff ects checks, and number of replicate analyses.

j. Methods and concentrations for internal st andards (standards additions prior to extraction).

k. Methods and concentrations for surrogate standards (standards additions to collection media prior to sampling).

l. Methods for recovery checks, field blanks , lab blanks, reagent blanks, proof rinse blanks, and analytical blanks.

m. Proposed range of recoveries for data accep tability 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 alterna tive test methods or for calculation of process operating rates.

c. Proposed report submission date if more than 30 days after the source test will be needed to complete the report.

D. Notification and Conduct of Source Tests.

1. Prior to conducting a source test subject to this Section, the owner or operator shall ensure that written notification is submitted to the Department at l east two weeks prior to the test date. Submission of a site-specific test plan or amendments to a previous ly 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 notif y the Department as soon as practical by telephone and follow up in writing within 30 days. Telephone notif ication shall include a description of the circumstance(s) causing the cancellation of the test, and a projected retest date. The written follow-up report shall include a description of the condition(s) which prevented the source test from being 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 allo wed subject to Department approval.May 25, 2007 62.1 - Page 39 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 Department, the owner or operator shall ensure that source tests are conducted while the source is operating at the maximum expected production rate or other production rate or operating 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 production rate less than the rate d capacity may result in permit limits on emission rates, including limits on production if necessary.

6. When conducting a source test subject to this Section, the owner or operator of a source shall provide the following:

a. Department access to the facility to observe source tests.

b. Sampling ports adequate for test methods.

c. Safe sampling site(s).

d. Safe access to sampling site(s).

e. Utilities for sampling and testing equipment.

f. Equipment and supplies necessary for safe testing of a source.

E. Source Test Method Audit Program.

1. The Department may request that samples co llected during any source tests be split with the Department for analysis by an independent or Depa rtment laboratory. Any request for split samples will

be made in advance of the source test.

2. The owner or operator shall analyze perform ance audit samples provided by the Department. If the Department does not provide performance audit sa mples to the owner or operator, the Department thereby waives the requirement to conduct a performance audit.

3. A waiver of performance audit requirements to conduct a performance audit for a particular

source test under E.2 above does not constitute a waiv er of performance audit requirements for future

source tests.

4. The Department shall have discretion to requi re any subsequent remedial actions of the owner or operator based on the split sampl es 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 approve d with the site-specific test plan prior to testing or is otherwise speci fied in a relevant Federal or State standard.May 25, 2007 62.1 - Page 40 2. The final test report for each site-specific test plan shall contain, at a minimum, the following supporting information when applicable:

a. Summary of the results.

b. Emission calculations and emission rates in units of the applicable standard, permit limit,

etc.

c. Allowable emission rates in units of the applicable standard, permit limit, etc.

d. Source compliance status.

e. Process operating rates.

f. Methods including actual calculations, equati ons, 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 re presentative who can verify process operating rates and parameters.

j. Legible copies of all raw laboratory data (for example, filter tare and final weights, titrations, chromatograms, spectrograms, analyzer measurements, etc.).

k. Legible copies of all raw field data (for example, strip charts, field data forms, field calibration forms, etc.).

l. Legible copies of applicable stack gas or opacity monitoring system readings identified in the approved site-specific test plan.

m. Legible copies of all applicable proc ess and air pollution control operating parameter readings identified in the approved site-specific test plan.

n. Results of all calibrations and QA/QC meas ures and checks identified in the approved sitespecific test plan.

o. Results of performance audits pursuant to paragraph E.

p. Description of any deviations from the proposed process operations as approved in the sitespecific 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.May 25, 2007 62.1 - Page 41 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 demonstrate th e 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 a nd 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 requi re owners or operators of stationary sources to monitor emissions, submit periodic reports of such em issions and maintain record s as specified by various regulations and permits, and to eval uate reports and records for consis tency with the applicable emission limitation or standard on a continuing basis over tim e. The monitoring data co llected and records of operations would serve as the basis for a source to certify compliance, and could be used by the Department

as direct evidence of an enforceable violation of the underlying emission limitation or standard.

B. The purpose of this section is:

1. To clarify the statutory authority of Regulation 61-62 , Air Pollution Control Regulations and

Standards , and the South Carolina Air Quality Implementation Plan , whereby non-reference test data and various kinds of information already available and utilized for other pur poses may be used to demonstrate compliance or noncompliance with emission standards.

2. To eliminate any potential ambiguity regarding language that has been interpreted to provide for

exclusive reliance on referenc e test methods as the means of certify ing 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.May 25, 2007 62.1 - Page 42 C. The following is applicable in the determinat ion of non-compliance by the Department or for compliance certification by the owners or operators of stationary sources.

1. Enforcement - Consistent with South Carolin a’s Environmental Audit Privilege and Voluntary Disclosure Act, codified as S.C. Code Ann. Sections 48-57-10 et seq. (Supp. 2000) , and notwithstanding any other provision in the South Carolina Air Quality Implementation Plan , any credible evidence or

information relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test had b een performed, can be used to establish whether or not a person has violated or is in violation of any standard in the plan.

2. Compliance Certifications - Consistent with South Carolina’s Environmental Audit Privilege and Voluntary Disclosure Act, codified as S.C. Code Ann. Sections 48-57-10 et seq. (Supp. 2000) , and notwithstanding any other provision in the South Carolina Air Quality Implementation Plan , the owner or operator may use any credible eviden ce or information relevant to whet her a source would have been in compliance with applicable requirements if the a ppropriate 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.