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 when used in the Regulations and Standards shall for the purpose 

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

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

Act. 

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

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

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

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

(EPA) or his/her designee. 

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

after they have passed from the combustion chamber. 

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

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

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

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

emissions to the atmosphere. 

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

property line on which a source of pollution is emitting. 

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

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

existing incinerator. 

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

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

pertaining thereto. 

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

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

etc. 

 11. Board - Board means Board of Health and Environmental Control. 
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, peritoneal and pericardial fluids; and semen and vaginal 

secretions. 

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

characteristics including the following: 

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

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

combustion chamber and the primary energy recovery sections (such as water walls and super heaters) 

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

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

gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or 

air preheaters) need not physically be formed into the same unit as the combustion chamber and the 

primary energy recovery section. The following units are not precluded from boilers solely because they 

are not of integral design: process heaters (units that transfer energy directly to a process stream), and 

fluidized bed combustion units. 

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

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

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

pollution control device or other equipment. 

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

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

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

S.C. Hazardous Waste Management Regulation 61-79.261. 

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

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

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

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

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

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

Incinerators of this type not meeting these limits are considered municipal waste combustors. This 

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

activities at commercial establishments. 

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

Environmental Control. 

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

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

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

Program. 

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

measuring and recording the emissions of a pollutant from an affected facility. 
May 25, 2007 62.1 - Page 3

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

preparation work such as major clearing or excavation followed by placement of footings, pilings, and 

other materials of construction, assembly, or installation of unique facilities or equipment at the site of the 

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

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

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

remains or animal remains. 

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

 24. Dioxins/furans - the combined emissions of tetra- through octa-chlorinated 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, boiler, device or mechanism used principally but not 

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

contacted by and adds no substance to the products of combustion. 

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

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

materials handling. 

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

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

maintained equipment. 

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

serving of foods. 

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

Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency by 

publication in the Federal Register. 

 33. Hazardous Waste - Any waste identified as such by South Carolina Hazardous Waste 
May 25, 2007 62.1 - Page 4

Management Regulation 61-79. 

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

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

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

61-79. 

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

waste, except for devices which have qualified for exemption as provided in Sections 264.340(b) or 

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

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

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

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

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

sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill 

but who require continuing medical supervision. 

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

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

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

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

parts that are intended for interment or cremation. 

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

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

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

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

listed as an industrial furnace. 

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

manufacturing process. 

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

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

energy: 

 a. Cement kilns 

 b. Lime kilns 

 c. Aggregate kilns 

 d. Phosphate kilns 

 e. Coke ovens 

 f. Blast furnaces 

 g. Smelting, melting and refining furnaces (including pyrometallurgical devices such as tray 
May 25, 2007 62.1 - Page 5

furnaces, cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces) 

 h. Titanium dioxide chloride process oxidation reactors 

 i. Methane reforming furnaces 

 j. Pulping liquor recovery furnaces 

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

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

more of the following factors: 

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

products; 

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

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

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

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

industrial process to make a material product; 

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

and, 

 vi. Other factors, as appropriate. 

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

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

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

required by this Bureau and either has (a) begun, or caused to begin, a continuous program of physical onsite construction of the source or (b) entered into binding agreements or contractual obligations, which 

cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program 

of construction of the source to be completed in a reasonable time, or that the owner or operator possesses 

a valid operating permit for the source prior to the effective date of a regulation or standard. 

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

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

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

considered part of the kraft pulp mill. 

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

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

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

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

are caused, in part, by poor maintenance or careless operation are not malfunctions. During periods of 

malfunction the operator shall operate within established parameters as much as possible, and monitoring 
May 25, 2007 62.1 - Page 6

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

malfunction ceases, whichever comes first. 

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

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

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

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

definition of medical/infectious waste does not include hazardous waste identified or listed in R.61-

79.261, Hazardous Waste Management; household waste, as defined in R.61-79.261.4(b)(1); ash from 

incineration of medical/infectious waste, once the incineration process has been completed; human 

corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage 

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

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

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

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

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

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

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

containers. 

 c. Human blood and blood products including: 

 i. Liquid waste human blood; 

 ii. Products of blood; 

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

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

dried human blood; including serum, plasma, and other blood components, and their containers which 

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

pharmaceuticals. Intravenous bags are also included in this category. 

 

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

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

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

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

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

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

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

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

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

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

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

 g. Unused sharps including the following unused, discarded sharps: hypodermic needles, 
May 25, 2007 62.1 - Page 7

suture needles, syringes, and scalpel blades. 

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

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

interconnected by gas passage ports or ducts. 

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

and/or institutional waste. Household waste includes material discarded by single and multiple residential 

dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities. 

Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, 

nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. 

Institutional waste includes material discarded by schools, nonmedical waste discarded by hospitals, 

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

discarded by other similar establishments or facilities. Household, commercial/retail, and institutional 

wastes include: 

 a. Yard waste; 

 b. Refuse-derived fuel; and 

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

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

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

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

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

(including motor vehicle parts or vehicle fluff). 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ash handling equipment that transfer the ash to final disposal, including all ash handling systems that are 

connected to the bottom ash handling system; and 
May 25, 2007 62.1 - Page 8

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

piping exiting the steam drum or superheater. 

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

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

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

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

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

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

of an object in the background. 

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

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

primarily designed for the combustion of fuel or waste material. 

 57. PM10 - Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 

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

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

1987. 

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

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

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

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

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

mean “Part 70 Permit.” 

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

as a liquid or solid at standard conditions. 

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

water, emitted to the ambient air as measured by an applicable reference method described in 40 CFR 60, 

July 1, 1987, or an equivalent or alternative method approved by the Department, with the concurrence of 

the U. S. Environmental Protection Agency. 

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

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

bedding (if applicable). 

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

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

same person(s) under common control. 

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

rubber tires are the only feed materials (incidental contaminants may be included in the feed materials) 

and they are processed into a chemical plant feedstock or petroleum refinery feedstock, where the 
May 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 operational limitation on the capacity of the plant to 

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

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

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

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

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

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

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

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

excluding liquids and gases used solely as fuels. 

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

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

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

such period or portion thereof. 

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

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

operation during such a period. 

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

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

allowable emission shall apply. 

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

waste, and the gases, liquids, or solids produced are combusted and emissions vented to the atmosphere. 

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

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

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

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

fuel. 

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

business rather than domestic, commercial, or industrial activities. 
May 25, 2007 62.1 - Page 10

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

institutions. 

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

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

shipping containers, drums or automobiles. 

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

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

Secondary emissions shall be specific, well defined, quantifiable, and shall impact the same general area 

as the plant or modification which causes the secondary emissions. Secondary emissions may include, but 

are not limited to: 

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

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

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

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

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

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

wastewater treatment plants. 

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

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

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

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

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

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

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

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

 Centigrade. 

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

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

construed to mean “stationary source.” 

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

initial project cost. 

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

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

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

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

 86. The Act - The Clean Air Act, as amended, 42 U.S.C. 7401, et seq. 
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) - Particulate matter as measured by the method described in 

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

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

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

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

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

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

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

to, chromate copper arsenate, pentachlorophenol, and creosote. 

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

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

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

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

Two types of used oil are defined as follows: 

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

 i. Arsenic - 5 ppm maximum 

 ii. Cadmium - 2 ppm maximum 

 iii. Chromium - 10 ppm maximum 

 iv. Lead - 100 ppm maximum 

 v. Nickel - 120 ppm maximum 

 vi. Total halogens - 4000 ppm maximum** 

 vii. Flash Point - 100o

F (37.8oC) minimum 

 b. Non-Spec. Oil (Off-Spec. Oil) - Used oil 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 gaseous commercial fuel. Also, clean wood or bark that 
May 25, 2007 62.1 - Page 12

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

incinerator. 

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

photochemical reactions; or which is measured by a reference method (as specified in 40 CFR 60, as of 

July 1, 1990), an equivalent method, an alternative method, or which is determined by procedures 

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

acetone; 

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

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

CFC-11 (trichlorofluoromethane); 

CFC-12 (dichlorodifluoromethane); 

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

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

CFC-115 (chloropentafluoroethane); 

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-C3F7OCH3); 

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

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

HFE-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 (HCOOCH3); 

parachlorobenzotrifluoride (PCBTF); 

perchloroethylene (tetrachloroethylene); and 

perfluorocarbon compounds that fall into these classes: 

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

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

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

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

and fluorine. 

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

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

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

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

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

with an emissions standard. 

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

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

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

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

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

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

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

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

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

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

rags and plastic or rubber scraps. 

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

approximately 8500 BTU per pound as fired. 

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

scrap, foliage and combustible floor sweepings, from domestic, commercial and industrial activities. The 

mixture contains up to 20% by weight of restaurant or cafeteria waste, but contains little or no treated 

papers, plastic or rubber wastes. 

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

approximately 6500 BTU per pound as fired. 

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

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

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

approximately 4300 BTU per pound as fired. 

 d. Type 3 - Garbage, consisting of animal and vegetable wastes from restaurants, cafeterias, 
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, consisting of carcasses, organs and solid organic 

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

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

of approximately 1000 BTU per pound as fired. 

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

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

materials to be destroyed. 

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

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

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

5000 BTU/lb. 

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

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

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

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

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

of municipal solid waste in this Section. 

SECTION II - PERMIT REQUIREMENTS 

A. Construction Permits 

 1. Applicability 

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

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

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

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

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

commencement of construction. 

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

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

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

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

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

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

undertake the following on-site activities prior to obtaining a construction permit: 
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 house construction staff and contractor personnel; 

 vi. Ordering of equipment and materials; 

 vii. Receipt and storing of equipment; 

 viii. Pouring of the foundation up to and including the mounting pads and slab on grade; 

 ix. Relocation of utilities; and, 

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

instrumentation. 

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

accept the financial risk of commencing these activities. 

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

or maintenance of any State or Federal standard. 

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

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

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

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

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

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

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

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

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

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

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

B. Exemptions From the Requirement to Obtain a Construction Permit 

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

(c) which burn virgin fuel and which were constructed prior to February 11, 1971 and which are not 

located at a facility that meets the definition of a major source as defined in S.C. Regulation 61-

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

permit. 

 a. Natural gas boilers. 

 b. Oil-fired boilers of 50 x 106

 BTU/HR rated input capacity or smaller. 

 c. Coal-fired boilers of 20 x 106

 BTU/HR rated input capacity or smaller. 

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

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

source's exemption status may change upon the promulgation of new regulatory requirements applicable 

to any of the sources listed in Section II (B)(2)(a) through (g), or to any other sources that have been 

determined to have total uncontrolled emissions less than the thresholds in Section II (B)(2)(h), or to any 
May 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 106

 BTU/HR rated input capacity which burn 

only virgin liquid fuels or virgin solid fuels. 

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

 BTU/HR rated input capacity which burn 

only virgin gas fuels. 

 c. Comfort air-conditioning or ventilation systems. 

 d. Motor vehicles. 

 e. Laboratory hoods. 

 f. Emergency power generators as described below: 

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

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

and are operated a total of 500 hours per year or less for testing and maintenance and have a method to 

record the actual hours of use such as an hour meter. 

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

combination of these. 

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

sulfur dioxide, nitrogen oxides, and carbon monoxide; and a total uncontrolled emission rate of less than 

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

to be included in any subsequent construction or operating permit review to ensure that there is no cause 

or contribution to an exceedance of any ambient air quality standard or limit. For toxic air pollutant 

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

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

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

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

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

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

the public and the regulated community. 

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

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

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

residences and commercial establishments, etc. 

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

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

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

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

include the following information: 

 a. A complete description of the existing equipment and proposed modification; 
May 25, 2007 62.1 - Page 17

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

permit applications, permit exemptions, and issued permits; 

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

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

 d. A regulatory review to demonstrate the project is not a CAA Title I modification, nor 

subject to S.C. Regulation 61-62.5, Standards No. 7 and 7.1. 

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

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

C. Construction Permit Applications 

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

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

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

exempted from the State registration requirements.) 

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

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

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

 a. Package-type incinerators of 750 pounds/hr rated capacity or smaller which burn types 0 

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

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

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

 c. Package-type boilers of 100 x 106

 BTU/hr input capacity or smaller which burn natural gas 

or virgin oil as fuel. 

 3. Construction permit applications shall provide the information described in Section II (C)(3)(a) 

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

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

 a. The company name and mailing address; the facility name and mailing address (if different 

from that of the company); and the name, mailing address, and telephone number of the owner or agent 

for the company; 

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

telephone number of the facility's contact person; 

 c. The facility's Federal Identification Number; 

 

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

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

by the proposed sources covered by this application; 

 e. The facility's planned operating schedules; 
May 25, 2007 62.1 - Page 18

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

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

facility determined potential emissions; 

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

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

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

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

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

used within the production process; 

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

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

equipment; 

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

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

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

controlled mass emission rate of each criteria pollutant and other air contaminants such as volatile organic 

compounds (VOC), toxic air pollutants (TAP), and hazardous air pollutants (HAP), that will be emitted 

from each source covered by the application. Emission calculations must be based on proper 

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

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

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

must be included in the emission calculations; 

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

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

specifications and ratings, the engineering design and operating characteristics, the projected capture, and 

destruction, control, or removal efficiencies at expected contaminant loading levels, and the monitoring 

data collection and recordkeeping necessary to ensure proper operation of the air pollution control 

devices; 

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

Practice Stack Height" rules. 

 l. A description of each stack or vent related to the proposed and/or existing source(s), 

including the minimum anticipated height above ground, maximum anticipated internal dimensions, 

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

any; 

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

stacks and other emission points related to the source; 

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

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

of any ambient air quality standard; 

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

regulatory applicability determination; and, 
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 general construction permits applicable to similar 

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

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

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

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

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

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

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

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

qualify for coverage under the general construction permit. 

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

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

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

Section II (C) provided that such application includes all information necessary to determine qualification 

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

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

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

in lieu of coverage under a general construction permit. 

E. Synthetic Minor Construction Permits 

 1. General Provisions 

 a. Any stationary source may request to use Federally enforceable permit conditions to limit 

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

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

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

II (E)(5). 

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

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

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

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

denial. 

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

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

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

concerns specified by the Department which caused the denial. The source shall correct all deficiencies 
May 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 prescribed by S.C. Regulation 61-62.1, Section II (C) if 

the source desires to proceed with the project. 

 2. New Sources and Modifications 

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

the Department for a Federally enforceable construction permit conditioned to constrain the operation of 

the source, along with a completed construction permit application package as prescribed by S.C. 

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

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

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

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

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

A written request to obtain an operating permit shall be submitted to the Department no later than fifteen 

(15) days after the actual date of initial startup of each new or altered source in accordance with S.C. 

Regulation 61-62.1, Section II (F). A satisfactory compliance inspection by a Department representative 

may precede the issuance of an operating permit for any newly constructed or modified source. 

 3. Synthetic Minor Construction Permit Conditions 

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

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

emissions limitations and operational requirements. 

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

quantifiable, or otherwise enforceable as a practical matter. 

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

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

Unless otherwise agreed by the Department and EPA, the Department shall provide to EPA on a timely 

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

 4. General Synthetic Minor Construction Permits 

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

S.C. Regulation 61-62.1, Section II (N), issue a general synthetic minor construction permit applicable to 

similar sources. Any general synthetic minor construction permit shall incorporate all requirements 

applicable to the construction of similar synthetic minor sources and shall identify criteria by which 

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

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

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

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

minor construction permit for similar sources. The source shall be subject to enforcement action for 

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

terms of the general synthetic minor construction permit. 

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

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

review. 
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 and proposed Federally enforceable emission 

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

below the major source (or facility) thresholds; 

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

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

 iii. All proposed monitoring parameters, recordkeeping and reporting requirements the 

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

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

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

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

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

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

F. Operating Permits 

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

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

is required to obtain an air quality construction permit issued by the Department must obtain an operating 

permit when the new or altered source is placed into operation and shall comply with the requirements of 

this section. 

 

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

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

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

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

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

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

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

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

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

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

construction without a permit. 

 3. Request for a New or Revised Operating Permit 

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

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

regulation. 
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 fifteen (15) days after the actual date 

of initial startup of each new or altered source. 

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

following information: 

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

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

G. Conditional Major Operating Permits 

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

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

 2. General Provisions 

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

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

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

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

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

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

source. 

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

request for a new or revised operating permit to the Department as required by S.C. Regulation 61-62.1, 

Section II (G)(6). 

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

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

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

the permittee to continue operating pursuant to the most recent conditional major operating permit, until 

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

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

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

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

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

subsequent conditional major operating permit request until the source has addressed the concerns 

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

noted by the Department or submit a complete permit application in accordance with S.C. Regulation 61-

62.70 in order to receive a Title V operating permit. 

 3. Existing Sources 

 a. Any owner or operator desiring to be permitted as a conditional major source shall submit 
May 25, 2007 62.1 - Page 23

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

(G)(6). A Federally enforceable conditional major operating permit shall constrain the operations of the 

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

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

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

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

 4. New sources 

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

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

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

enforceable synthetic minor construction permit conditioned to constrain the operation of the source, 

along with a complete construction permit application package containing the information identified in 

S.C. Regulation 61-62.1, Section II (G)(6). The construction of the new or modified source shall not 

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

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

Department postmarked no later than fifteen (15) days after the actual date of initial startup of each new 

or altered source. This request shall include any additional information required in S.C. Regulation 61-

62.1, Section II (G)(6). These facilities will be issued conditional major operating permits without further 

public notice if no substantive changes to limitations are required. A satisfactory compliance inspection 

by a Department representative may precede the issuance of an operating permit for any newly 

constructed or modified source. 

 5. Conditional Major Operating Permit Conditions 

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

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

emissions limitations and operational requirements. 

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

quantifiable, or otherwise enforceable as a practical matter. 

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

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

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

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

intended to be Federally enforceable. 

 6. Additional Requirements for Conditional Major Operating Permit Requests 

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

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

 i. Potential emission calculations and proposed Federally enforceable emission 

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

below the major source (or facility) thresholds. 

 ii. All proposed production and/or operational limitations that will constrain the 
May 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 with the requested Federally enforceable limitations 

on a continuous basis. The source shall also provide the compliance status of these proposed parameters 

and requirements at the time of the request submittal. 

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

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

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

 7. General Conditional Major Operating Permits 

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

S.C. Regulation 61-62.1, Section II (N), issue a general conditional major operating permit applicable to 

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

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

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

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

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

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

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

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

terms of the general conditional major operating permit. 

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

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

review. 

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

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

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

H. Operating Permit Renewal Requests 

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

the Department. 

 2. The provisions of S.C. Regulation 61-62.1, Section II (H), shall apply only to those sources not 

subject to S.C. Regulation 61-62.70. For sources covered by an effective Title V operating permit, the 

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

operate for the purposes of this regulation. 

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

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

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

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

decision regarding renewal. 

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

have occurred since issuance of the last operating permit that may effect the operating permit or operating 
May 25, 2007 62.1 - Page 25

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

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

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

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

operating permit renewal request: 

 a. The company name and mailing address; the facility name and mailing address (if different 

from that of the company); and the name, mailing address, and telephone number of the owner or agent 

for the company; 

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

telephone number of the facility's contact person; 

 c. The facility's Federal Identification Number; 

 

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

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

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

part, and any listed information descriptions that have been removed or decommissioned. Any changes to 

exempted sources listed in current operating permit; 

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

current and/or proposed processes, including the physical and chemical properties and feed rate of the 

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

emissions; 

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

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

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

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

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

inherent process control devices used within the production process; 

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

all emissions from each source. Mass emission data and emission calculations, including the potential 

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

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

emitted from each source. Emission calculations must be based on proper documentation that supports 

the basis of the emission rates such as stack test data, AP-42 emission factors, material balance, and/or 

engineering estimates. All assumptions used in the emission calculations must be provided. Fugitive 

emissions (i.e. emissions from filling operations, pumps, valves, flanges, etc.) must be included in the 

emission calculations. A summary of facility-wide potential uncontrolled and controlled emissions with a 

regulatory applicability determination. If existing data supplied to the Bureau remains correct, identify 

documents referenced to comply with this requirement; 

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

demonstrating that emissions from the facility will not interfere with the attainment or maintenance of any 

ambient air quality standard. As needed, include a description of each stack or vent related to the 

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

internal dimensions, discharge orientation(s), exhaust volume flow rate(s), exhaust gas temperature(s), 
May 25, 2007 62.1 - Page 26

and rain protection devices, if any. If existing data supplied to the Bureau remains correct, identify 

document referenced to comply with this requirement; and, 

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

request. 

I. Registration Permits 

 1. Development of Registration Permits 

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

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

registration permit developed shall specify compliance with all requirements applicable to the 

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

which sources may qualify for the registration permit. 

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

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

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

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

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

 2. Application for Coverage Under a Registration Permit 

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

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

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

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

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

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

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

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

purposes of judicial review. 

 3. Registration Permit Conditions 

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

 b. Registration Permits shall contain any applicable special permit conditions required to 

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

J. Permit Conditions 

 1. Standard Permit Conditions 

 All permits shall contain the following standard permit conditions. 

 

 a. No applicable law, regulation or standard will be contravened. 
May 25, 2007 62.1 - Page 27

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

integral part of the permit. 

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

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

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

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

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

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

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

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

emission limitation and the operating data and calculations used in determining the excess emissions; 

 iii. The time and duration of the excess emissions; 

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

 v. The nature and cause of such excess emissions; 

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

the recurrence of such malfunction; 

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

 viii. Documentation that the air pollution control equipment, process equipment, or 

processes were at all times maintained and operated, to the maximum extent practicable, in a manner 

consistent with good practice for minimizing emissions. 

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

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

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

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

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

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

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

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

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

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

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

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

 2. Special Permit Conditions 

 As the Department finds appropriate, permits shall include special permit conditions such as, but not 

limited to, production limits, operational limits, source performance testing, operation and maintenance 

requirements, notification requirements, recordkeeping requirements, reporting requirements, and other 

monitoring as required. 
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 efficiency level, the permit shall have monitoring and 

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

term basis. 

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

as short as possible. For the purpose of determining compliance, permit limitations will in general not 

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

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

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

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

 e. An hourly emission limit shall be sufficient only if the permit condition(s) require the 

installation, calibration, maintenance, and operation of a continuous emission monitor (CEM) system, or 

any other monitoring approved by the Department. All monitoring data shall be defined and recorded for 

showing compliance with the emission limit(s). 

 f. The limitations and requirements listed in the permit conditions shall be permanent, 

quantifiable, or otherwise enforceable as a practical matter. 

K. Exceptions 

 1. Upon request, the Department may alter operating permits, compliance schedules, or other 

restrictions on operation of a source provided that resulting ambient air concentration levels will not 

exceed any national or State ambient air quality standard. Factors to be considered by the Department 

may include, but are not limited to, technology, economics, national energy policy, and existing air 

quality. The request by the source must also show the following: 

 a. Good faith efforts have been made to comply with the State requirements; 

 b. The source is unable to comply with the State requirements because the necessary 

technology or other alternative methods of control are not reasonably available, or have not been available 

for a sufficient period of time; 

 c. Any available operating procedures, or control measures, reducing the impact of the source 

on ambient air concentrations, have been implemented; and, 

 d. The request is submitted in a timely manner. 

 2. The provisions of this paragraph shall not apply to mass emission limits which are imposed 

upon any source by the following requirements: 

 a. Federal New Source Performance Standards; 

 b. National Emission Standards for Hazardous Air Pollutants; 
May 25, 2007 62.1 - Page 29

 c. Federal or State Prevention of Significant Deterioration Regulations; or, 

 d. Non-attainment requirements. 

 3. Where a permanent increase in the visible emission limitation for a source is requested, the 

source must demonstrate that it will remain in compliance with the applicable particulate emission 

standard. 

 4. Any alternative compliance schedule shall provide for compliance with the applicable 

regulations as expeditiously as practicable, based on a plan submitted with the request for the alternative 

compliance schedule. 

 5. Any request under this section will be subjected to public notice and opportunity for a public 

hearing. Upon approval by the Board, the recommendations of this Department shall be sent to the 

Administrator of the Environmental Protection Agency, or his designated representative, for approval or 

disapproval. 

 6. Where alternative compliance schedule provisions are contained elsewhere in the air pollution 

control regulations, those provisions shall supersede the requirements in this section. 

L. Emergency Provisions 

 1. An "emergency" means any situation arising from sudden and reasonably unforeseeable events 

beyond the control of the source, including acts of God, in which a situation requires immediate 

corrective action to restore normal operation, and that causes the source to exceed a technology-based 

emission limitation under the permit, due to unavoidable increases in emissions attributable to the 

emergency. An emergency shall not include noncompliance to the extent caused by improperly designed 

equipment, lack of preventative maintenance, careless or improper operation, or operator error. 

 2. An emergency constitutes an affirmative defense to an action brought for noncompliance with 

such technology-based emission limitations if the conditions in S.C. Regulation 61-62.1, Section II (L)(3) 

are met. 

 3. The affirmative defense of an emergency shall be demonstrated through properly signed, 

contemporaneous operating logs, and other relevant evidence that verify: 

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

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

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

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

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

hours of the time when emission limitations were exceeded, followed by a written report within thirty 

(30) days. The written report shall include as a minimum, the information required by S.C. Regulation 

61-62.1, Section II (J)(1)(c)(i) through (viii). The written report shall contain a description of the 

emergency, any steps taken to mitigate emissions, and corrective actions taken. 

 4. In any enforcement action, the permittee seeking to establish the occurrence of an emergency 

has the burden of proof. 
May 25, 2007 62.1 - Page 30

 5. This provision is in addition to any emergency, or upset provision contained in any applicable 

requirement. 

M. Transfer of Ownership/Operation 

 Within thirty (30) days of the transfer of ownership/operation of a facility, the current permit holder 

and prospective new owner/operator shall submit to the Department a written request for transfer of the 

source operating or construction permits. The written request for transfer of the source operating or 

construction permit shall include any changes pertaining to the company name and mailing address; the 

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

telephone number of the owner or agent for the company; and any proposed changes to the permitted 

activities of the source. Transfer of the operating or construction permits will be effective upon written 

approval by the Department. 

N. Public Participation Procedures 

 1. When determined to be appropriate by the Department (or specified by regulation) notice of 

permitting activity shall be provided to the public and other entities for their review and comment. Public 

notice shall be given by publication in a newspaper of general circulation in the area where the source is 

located, or by publication in the South Carolina State Register, and to persons on a mailing list developed 

by the Department, including those who request in writing to be on the list. The Department may use 

other means of public notice in addition to the above. 

 2. The notice shall identify the affected source; the name and address of the permittee; the name 

and address of the Department; the activities involved in the permit action; the emission change involved 

in any permit modification; the name, address, and telephone number of a person from whom interested 

persons may obtain additional information, including copies of the permit draft, the application, and all 

other materials available to the Department that are relevant to the permit decision, except for information 

entitled to confidential treatment (the contents of any proposed or draft permit shall not be treated as 

confidential information); a brief description of the comment procedures; and the time and place of any 

public hearing that may be held, including a statement of procedures to request a hearing (unless a hearing 

has already been scheduled). 

 3. The Department shall provide at least 30 days for public and EPA comment and shall give 

notice of any public hearing at least 30 days in advance of the hearing. The Department shall keep a 

record of the commenters and also of the issues raised during the public participation process. The 

Department shall consider, and provide a written response to all written comments received by mail and 

at the public hearing, within the time specified for the public notice, in making a final decision on the 

application. 

 4. A newly constructed or modified source issued a Federally enforceable final construction permit 

will not require an additional public comment period and/or hearing to obtain an operating permit, unless 

the source proposes a change in the original construction and/or operational plan, prior to commencing 

construction, which the Department determines would require an additional public comment period 

and/or hearing. 

 5. Any proposed new or modified stationary source required to undergo a public comment period 

shall not commence any construction until all public participation procedures of this section are 

completed, and the source has received an effective construction or operating permit from the 

Department. 
May 25, 2007 62.1 - Page 31

 6. Maintenance activities, repairs, and replacements which the Department determines to be 

routine for that source category shall not, by themselves, be required to undergo the public participation 

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

SECTION III - EMISSIONS INVENTORY 

A. General 

Emissions inventory is a study or compilation of pollutant emissions. The purposes of emissions 

inventories are to locate air pollution sources, to define the type and size of sources, to define the type and 

amount of emissions from each source, to determine pollutant frequency and duration, to determine the 

relative contributions to air pollution from classes of sources and of individual sources, to provide a basis 

for air permit fees, and to determine the adequacy of regulations and standards. 

B. Applicability 

 The provisions of this Section shall 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 annual emissions greater than or equal to any 

of the emission thresholds listed for Type A Sources in Table 1 of this Section. Beginning with the 

effective date of this regulation, these sources will submit an emissions inventory 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 previous calendar year. Beginning in 2006, these sources 

will submit TAP and HAP data with their annual emissions inventory every third year for the previous 

calendar year (the three year cycle for HAP and TAP emissions inventories is a March 31, 2006 submittal 

for 2005 data, a March 31, 2009 submittal 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 emission 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 emissions inventories is a March 31, 2006 submittal for 

2005 data, a March 31, 2009 submittal 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 emissions 
May 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. Beginning 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, 2006 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 Reporting Thresholds by Pollutant (tpy1

) 

Annual cycle Three-year cycle 

Pollutant Type A Sources2 Type B Sources2

 NAA3 Sources 

SOx ≥2500 ≥100 ≥100 

≥100 (moderate O3 NAA ) 

≥50 (serious O3 NAA) 

≥25 (severe O3 NAA) VOC ≥250 ≥100 

≥10 (extreme O3 NAA) 

NOX ≥2500 ≥100 ≥100 (all O3 NAA) 

CO ≥100 (all O3 NAA) ≥2500 ≥1000 

≥100 (all CO NAA) 

Pb ≥5 ≥5 

PM10 ≥100 (moderate PM10 NAA) ≥250 ≥100 

≥70 (serious PM10 NAA) 

PM2.5 ≥250 ≥100 ≥100 

NH3 ≥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, NOX, CO; 

 Carbon Monoxide: CO; 

 Particulate matter less than 10 microns: PM10. 

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

 2. Reporting frequencies for all affected sources that 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 effective 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 applicable reporting thresholds for NAA Sources listed in 

Table 1 of this Section - Beginning with the effective date of this regulation, these sources will review 

their emissions inventories annually as described 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 submitting 
May 25, 2007 62.1 - Page 33

emissions inventories as Type A, Type B or NAA 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 submittal for 2008 data, a 2012 submittal 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 applicable information will be recorded on the current 

form for reporting emissions data as provided by the 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 constructed Title V sources and/or NAA Sources will complete 

and submit to the Department an initial emissions inventory following the first full calendar year of 

operation. These sources shall then submit future emissions 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 shall 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 inventory for all Title V sources and all sources 

located in a non-attainment area that are required to have 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 Department 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 reporting 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 paragraphs C(1) and C(2) of this Section. 

 f. Information required in an emissions inventory 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 inventory staff on a case-by-case basis to determine if the 

alternate method better characterizes actual emissions for the reporting period than the Department's 

prescribed methods. 

 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 past emissions inventory submitted to the Department, 

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

 i. The requirements of this Section notwithstanding, an emissions inventory may be required 

from any source at any time. Copies of all records and reports relating to emissions inventories as 

required in this Section shall be retained by the owner/operator at the source for a minimum of five years. 

SECTION IV - SOURCE TESTS. 

 

A. Applicability. 

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

 a. a source test required under an applicable standard or permit condition; or pursuant to a 

judicial or administrative order, consent agreement, or any other such binding requirement entered into 

after the effective date of this standard, or 

 b. any other source test from which data will be submitted to the Department for any purpose 

including but not limited to: determination of applicability of regulatory requirements, development of 

emission factors, establishment of parameters for compliance assurance monitoring, continuous emission 

monitor performance specification testing, and Relative Accuracy Test Audits (RATA). 

 2. The Department may, on a case-by-case basis, exempt from the requirements of this Section 

source tests which are performed for development of emission factors or for determination of applicability 

of regulations. 

B. Submission and Approval of a Site-Specific Test Plan. 

 1. Prior to conducting a source test subject to this Section, the owner or operator shall ensure that: 
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 Department. If the Department has previously approved a 

site-specific test plan the owner or operator may submit a letter which references the approved plan and 

which includes a thorough description of amendments to the plan; and 

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

been received. 

 2. All test methods included in the site-specific test plan must be either EPA Reference Methods 

described in 40 CFR Part 51, Appendix M, or 40 CFR Part 60, Appendix A, or 40 CFR Part 61, Appendix 

B, or 40 CFR Part 63, Appendix A. If an applicable air regulation or permit provides for a choice of test 

methods, the selected method must be approved by the Department. If an applicable air regulation or 

permit does not specify use of an EPA standard reference method, the alternative test method to be used 

must be approved by the Department. 

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

ensure that the alternative source test method is either validated according to EPA Reference Method 301 

(40 CFR Part 63, Appendix A, December 29, 1992), and any subsequent amendments or editions, or 

approved by the Department. 

 b. The owner or operator shall ensure that requests for approval of alternative source test 

methods are submitted to the Department along with the site-specific test plan, and that the submission 

contains all of the information required by paragraph C below. 

 4. The Department shall determine whether any source test method proposed in the site-specific 

test plan is appropriate for use. 

 5. a. The owner or operator shall submit site-specific test plans or a letter which amends a 

previously approved test plan at least 45 days prior to the proposed test date. Sources conducting tests for 

substances listed in Regulation 61-62.5, Standard No. 8, shall submit site-specific test plans or a letter 

which amends a previously approved test plan at least 60 days prior to the proposed test date. 

 b. If the only amendments to a previously approved test plan are to facility information 

included in paragraph C.1 below, the requirement in B.5.a will not apply. The owner or operator, 

however, shall submit the amendments at least two weeks prior to the proposed test date. 

 6. Within 30 days of site-specific test plan receipt, the Department will notify the owner or 

operator of site-specific test plan approval or denial or will request additional information. 

 7. The owner or operator shall submit any additional information requested by the Department 

necessary to facilitate the review of the site-specific test plan. 

 8. Approval of a site-specific test plan for which an owner or operator fails to submit any 

additional requested information will be denied. 

 9. Neither the submission of a site-specific test plan, nor the Department’s approval or disapproval 

of a plan, nor the Department’s failure to approve or disapprove a plan in a timely manner shall relieve an 

owner or operator of legal responsibility to comply with any applicable provisions of this Section or with 

any other applicable Federal, State, or local requirement, or prevent the Department from enforcing this 

Section. 
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 and source identification number. 

 c. Name, address, and telephone number of the company contracted to perform the source 

test. 

 d. Name, address, and telephone number of the laboratory contracted to perform the 

analytical analysis of the source test samples. 

 2. Test Objectives: 

 a. Description and overall purpose of the tests (for example, to demonstrate compliance, to 

establish emission factors, etc.). 

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

tests. 

 3. Process Descriptions: 

 a. Description of the process including a description of each phase of batch or cyclic 

processes, and the time required to complete each phase. 

 b. Process design rates and normal operating rates. 

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

 d. Methods including proposed calculations, equations, and other related information that will 

be used to demonstrate and verify the operating rate during the source test. 

 e. Description of any air pollution control equipment. 

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

 g. Description of all air pollution control monitors (for example, pressure gauges, flow 

indicators, cleaning cycle timers, electrostatic precipitator voltage meters, etc.) when applicable. 

 h. A list of process and air pollution control operating parameters that will be recorded during 

the tests, the responsible party who will record these readings, and the frequency at which readings will 

be recorded. 

 4. Safety Considerations: 

 a. Identification of any risks associated with sampling location and accessibility, toxic 

releases, electrical hazards, or any other unsafe conditions, and a plan of action to correct or abate these 
May 25, 2007 62.1 - Page 37

hazards. 

 b. List of all necessary or required safety equipment including respirators, safety glasses, hard 

hats, safety shoes, hearing protection, and other protective equipment. 

 5. Sampling and Analytical Procedures: 

 a. Description of sampling methods to be used. 

 b. Description of analytical methods to be used. 

 c. Number of tests to be conducted. 

 d. Number of runs comprising a test. 

 e. Duration of each test run. 

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

 g. Location where samples will be recovered. 

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

used in final emission calculations. 

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

 j. Method of storing and transporting samples. 

 6. Sampling Locations and Documentation: 

 a. Schematics of sampling sites (include stack dimensions and distances upstream and 

downstream from disturbances). 

 b. A description of all emission points, including fugitive emissions, associated with the 

process to be tested, and when applicable, the method that will be used to measure or include these 

emissions during the source test. 

 c. Procedure for verifying absence of cyclonic or non-parallel stack gas flow. 

 7. Internal Quality Assurance/Quality Control (QA/QC) Measures. For each proposed test method 

when applicable: 

 a. Citation of the QA/QC procedures specified in the EPA Reference Methods and the EPA 

Quality Assurance Handbook for Air Pollution Measurement Systems, Volume III. 

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

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

 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 responsible persons of all sub-contracting laboratories and a 

description of analytical methods to be used, chain-of-custody procedures and QA/QC measures. 

 h. QA/QC measures associated with the collection and analysis of process or raw material 

samples and the frequency at which these samples will be collected. 

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

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

 k. Methods and concentrations for surrogate standards (standards additions to collection 

media prior to sampling). 

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

and analytical blanks. 

 m. Proposed range of recoveries for data acceptability and method of data interpretation if 

sample recovery is not within the proposed range. 

 8. Final Test Report Content: 

 a. Final report outline. 

 b. Example calculations when using alternative test methods or for calculation of process 

operating rates. 

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

to complete the report. 

D. Notification and Conduct of Source Tests. 

 1. Prior to conducting a source test subject to this Section, the owner or operator shall ensure that 

written notification is submitted to the Department at least two weeks prior to the test date. Submission of 

a site-specific test plan or amendments to a previously approved test plan does not constitute notification. 

 2. In the event the owner or operator is unable to conduct the source test on the date specified in 

the notification, the owner or operator shall notify the Department as soon as practical by telephone and 

follow up in writing within 30 days. Telephone notification shall include a description of the 

circumstance(s) causing the cancellation of the test, and a projected retest date. The written follow-up 

report shall include a description of the condition(s) which prevented the source test from being 

conducted, and when applicable, what corrective action was performed, or what equipment repairs were 

required. 

 3. Rescheduling of canceled source tests must meet the two-week notice requirement. However, 

shorter notification periods may be allowed subject to Department approval. 
May 25, 2007 62.1 - Page 39

 4. All tests shall be made by, or under the direction of, a person qualified by training and/or 

experience in the field of air pollution testing. 

 5. Unless approved otherwise by the Department, the owner or operator shall ensure that source 

tests are conducted while the source is operating at the maximum expected production rate or other 

production rate or operating parameter which would result in the highest emissions for the pollutants 

being tested. Examples of the operating parameters that may effect emission rates are: type and 

composition of raw materials and fuels, isolation of control equipment modules, product types and 

dimensions, thermal oxidizer combustion temperature, atypical control equipment settings, etc. Some 

sources may have to spike fuels or raw materials to avoid being permitted at a more restrictive feed or 

process rate. Any source test performed at a production rate less than the rated capacity may result in 

permit limits on emission rates, including limits on production if necessary. 

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

provide the following: 

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

 b. Sampling ports adequate for test methods. 

 c. Safe sampling site(s). 

 d. Safe access to sampling site(s). 

 e. Utilities for sampling and testing equipment. 

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

E. Source Test Method Audit Program. 

 1. The Department may request that samples collected during any source tests be split with the 

Department for analysis by an independent or Department laboratory. Any request for split samples will 

be made in advance of the source test. 

 2. The owner or operator shall analyze performance audit samples provided by the Department. If 

the Department does not provide performance audit samples to the owner or operator, the Department 

thereby waives the requirement to conduct a performance audit. 

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

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

source tests. 

 4. The Department shall have discretion to require any subsequent remedial actions of the owner 

or operator based on the split samples and/or performance audit results. 

F. Final Source Test Report. 

 1. The owner or operator of a source subject to this Section shall submit a written report of the 

final source test results to the Department by the close of business on the 30th day following the 

completion of the test, unless an alternative date has been requested in and approved with the site-specific 

test plan prior to testing or is otherwise specified in a relevant Federal or State standard. 
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, equations, and other related information that were 

used to demonstrate and verify the operating rate during the source test. 

 g. Chain of custody records. 

 h. Certification of all reference standards used. 

 i. Signature of a responsible facility representative who can verify process operating rates 

and parameters. 

 j. Legible copies of all raw laboratory data (for example, filter tare and final weights, 

titrations, chromatograms, spectrograms, analyzer measurements, etc.). 

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

calibration forms, etc.). 

 l. Legible copies of applicable stack gas or opacity monitoring system readings identified in 

the approved site-specific test plan. 

 m. Legible copies of all applicable process and air pollution control operating parameter 

readings identified in the approved site-specific test plan. 

 n. Results of all calibrations and QA/QC measures and checks identified in the approved 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 demonstration 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 the source has returned to compliance (for example, 

retest and proposed date); 

 4. any changes necessary to update the site-specific test plan prior to a retest. 

H. Analytical Observation. Upon request by the Department, the owner or operator or the source test 

consultant shall ensure that Department representatives are provided access to the analytical laboratory 

for observation of instrument calibrations and analysis of field and audit samples. 

I. Site Inspection. Upon request by the Department and prior to approval of the site-specific test plan, 

the owner or operator shall ensure Department representatives are provided access to the site for 

inspection of the source(s) to be tested. 

J. Modifications. Modifications to the approved site-specific test plan must have prior Department 

approval. Approval shall be considered on a case-by-case basis. Failure to obtain prior Department 

approval may cause final test results to be unacceptable. 

SECTION V - CREDIBLE EVIDENCE 

A. The Department promulgated Regulation 61-62, Air Pollution Control Regulations and Standards, and 

developed the South Carolina Air Quality Implementation Plan to provide enforceable emission limitations, 

to establish an adequate enforcement program, to require owners or operators of stationary sources to 

monitor emissions, submit periodic reports of such emissions and maintain records as specified by various 

regulations and permits, and to evaluate reports and records for consistency with the applicable emission 

limitation or standard on a continuing basis over time. The monitoring data collected and records of 

operations would serve as the basis for a source to certify compliance, and could be used by the Department 

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

B. The purpose of this section is: 

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

Standards, and the South Carolina Air Quality Implementation Plan, whereby non-reference test data and 

various kinds of information already available and utilized for other purposes may be used to demonstrate 

compliance or noncompliance with emission standards. 

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

exclusive reliance on reference test methods as the means of certifying compliance with various emission 

limits. 

 3. To curtail language that limits the types of testing or monitoring data that may be used for 

determining compliance and for establishing violations. 
May 25, 2007 62.1 - Page 42

C. The following is applicable in the determination of non-compliance by the Department or for 

compliance certification by the owners or operators of stationary sources. 

 1. Enforcement - Consistent with South Carolina’s Environmental Audit Privilege and Voluntary 

Disclosure Act, codified as S.C. Code Ann. Sections 48-57-10 et seq. (Supp. 2000), and notwithstanding 

any other provision in the South Carolina Air Quality Implementation Plan, any credible evidence or 

information relevant to whether a source would have been in compliance with applicable requirements if 

the appropriate performance or compliance test had been performed, can be used to establish whether or 

not a person has violated or is in violation of any standard in the plan. 

 2. Compliance Certifications - Consistent with South Carolina’s Environmental Audit Privilege 

and Voluntary Disclosure Act, codified as S.C. Code Ann. Sections 48-57-10 et seq. (Supp. 2000), and 

notwithstanding any other provision in the South Carolina Air Quality Implementation Plan, the owner or 

operator may use any credible evidence or information relevant to whether a source would have been in 

compliance with applicable requirements if the appropriate performance or compliance test had been 

performed, for the purpose of submitting compliance certifications. 

R. 61-62.1 History - South Carolina State Register: 

Vol. 7, Issue No. 2, (Doc. No. ?), February 25, 1983; 

 Vol. 7, Issue No. 6, (Doc. No. 314), June 24, 1983; 

 Vol. 9, Issue No. 5, (Doc. No. 457), May 24, 1985; 

 Vol. 10, Issue No. 5, (Doc. No. ?), May 23, 1986; 

 Vol. 12, Issue No. 2, (Doc. No. 769), February 26, 1988; 

 Vol. 12, Issue No. 4, (Doc. No. 970), April 22, 1988; 

 Vol. 13, Issue No. 2, (Doc. No. 868), February 24, 1989; 

 Vol. 13, Issue No. 3, (Doc. No. 1053), March 24, 1989; 

 Vol. 14, Issue No. 6, (Doc. No. 1067), June 22, 1990; 

 Vol. 14, Issue No. 9, (Doc. No. 1267), August 24, 1990; 

 Vol. 14, Issue No. 9, (Doc. No. 1310), August 24, 1990; 

 Vol. 16, Issue No. 6, (Doc. No. 1507), June 26, 1992; 

 Vol. 19, Issue No. 6, (Doc. No. 1798), June 23, 1995; 

 Vol. 20, Issue No. 1, (Doc. No. 1913), January 26, 1996; 

 Vol. 22, Issue No. 6, (Doc. No. 2244), June 26, 1998; 

 Vol. 22, Issue No. 8, (Doc. No. 2328), August 28, 1998; 

 Vol. 23, Issue No. 6, (Doc. No. 2352), June 25, 1999; 

 Vol. 24, Issue No. 5, (Doc. No. 2444), May 26, 2000; 

 Vol. 25, Issue No. 7, (Doc. No. 2622), July 27, 2001; 

 Vol. 25, Issue No. 10, (Doc. No. 2648), October 26, 2001. 

 Vol. 26, Issue No. 8, (Doc. No. 2736), August 23, 2002. 

 Vol. 27, Issue No. 6, (Doc. No. 2840), June 27, 2003. 

 Vol. 29, Issue No. 2, (Doc. No. 2840), February 25, 2005. 

 Vol. 29, Issue No. 6, (Doc. No. 2943), June 24, 2005. 

 Vol. 29, Issue No. 8, (Doc. No. 2980), August 26, 2005. 

 Vol. 31, Issue No. 5, (Doc. No. 3069), May 25, 2007.